HomeMy WebLinkAboutbArticle IX FINAL Special Reports after 260107Jefferson County Code Chapter 18.22 CRITICAL AREAS Page 1/17
The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
Article IX. Special Reports
18.22.900 Purpose.
(1) Purpose. Special reports may be required to provide environmental information and to present proposed strategies for maintaining, protecting, or mitigating impacts to critical areas:
(a) Demonstrate that the submitted proposal is consistent with the purposes and specific standards of this chapter;
(b) Describe all relevant aspects of the development proposed and critical areas adversely
affected by the development and assess impacts on the critical area from activities and uses proposed;
(c) Where impacts are unavoidable, demonstrate through an alternatives analysis that no other feasible alternative exists; and
(d) Consider the cumulative impacts of the proposed action that includes past, present, and
reasonably foreseeable future actions to facilitate the goal of no net loss of critical areas. Such impacts shall include those to wildlife, habitat, and migration corridors; water quality and quantity; and, other geologic or watershed processes that relate to critical area condition, process, or service. [Ord. 5-20 § 2 (Appx. A)]
18.22.905 General requirements. (1) When Special Reports Are Required. The administrator shall require a special report or reports if any portion of a development, land disturbing activity or use proposed has the potential to negatively impact a critical area or encroach upon a buffer, and that impact or encroachment
requires mitigation, consistent with the standards found in this chapter.
(2) The administrator shall determine the requirements for qualified professional and the verify the qualifications of professionals submitting special reports.
A habitat reconnaissance letter is intended to document the existence of critical areas and their associated buffers. This letter shall be prepared by a qualified professional in the field on the
critical area. The administrator will determine if they agree with the assessment of the habitat assessment letter.
(3) Standard Requirements. Special reports shall be prepared for review and approval by the administrator. In addition to specific requirements of particular special reports described in this article, each special report shall describe narratively and show graphically, if applicable, the
following:
(a) Describe the proposed development, land disturbing activity or use, and its location and dimensions;
(b) Provide a scaled site plan that includes a north arrow, property boundaries, existing structures and features on the subject site, and the limits of clearing needed during
construction.
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(c) Describe existing site conditions and all critical areas and their associated buffers occurring on the property;
(d) Assess potential impacts to critical areas and its associated buffers per the specific
requirements in this article for each critical area type;
(e) Propose mitigation for unavoidable losses and impacts to critical areas and their associated buffers;
(f) Identify amount of and limits of clearing, grading, and impervious surface on a stormwater
calculation worksheet, if applicable; and,
(g) Present photographs of the property.
(4) Special reports shall be valid for five years from the date the report was prepared and report validity may be extended by the administrator; provided, critical area conditions, including buffer conditions, have not changed since the special report was written. The administrator shall have the
authority to require a revised special report, as needed, to satisfy all the provisions of this chapter.
[Ord. 5-20 § 2 (Appx. A)]
(5) The administrator may require a special report to be recorded at the auditor’s office.
18.22.910 Waivers.
The administrator may waive the requirement for a special report in limited circumstances when
an applicant demonstrates all of the following:
(1) The proposal involved will not affect the critical area in a manner contrary to the goals, purposes, and objectives of this code; and
(2) The minimum protection standards required by this chapter are satisfied. [Ord. 5-20 § 2 (Appx. A)]
18.22.915 Retaining consultants. Jefferson County may retain consultants to assist in the review of special reports outside the range of staff expertise. The applicant shall pay for the costs of retaining said consultants. [Ord. 5-20 § 2 (Appx. A)]
18.22.920 Acceptance of special reports. (1) The administrator shall verify the accuracy and sufficiency of all special reports.
(2) If the administrator finds that a special report does not accurately reflect site conditions, or does not incorporate appropriate protections mechanisms, the administrator shall cite evidence that
demonstrates where the special report is insufficient or in error. The applicant may then revise and
resubmit the special report. [Ord. 5-20 § 2 (Appx. A)]
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
18.22.930 Critical aquifer recharge area reports.
(1) General. Critical aquifer recharge area reports serve as the primary means for Jefferson County
to verify the accuracy of its critical aquifer recharge area map and to determine specific aquifer protection measures to be applied to prevent significant adverse impacts to groundwater quality, and in some cases water quantity. A critical aquifer recharge area report shall be prepared by a hydrogeologist when required in Article III (Critical Aquifer Recharge Areas) of this chapter.
(2) Standards for critical aquifer recharge area report or hydrogeologic evaluation. A critical
aquifer recharge area report or a hydrogeologic evaluation shall be made by a hydrogeologist. The critical aquifer recharge area report shall include:
(a) A detailed description of how the project, including all processes and other activities, has the potential to impact groundwater recharge or for contaminating groundwater;
(b) A hydrogeologic evaluation that includes, at a minimum:
(i) A description of the hydrogeologic setting of the aquifer region;
(ii) Site location, topography, drainage, and surface water bodies;
(iii) Soils and geologic units underlying the site;
(iv) Groundwater characteristics of the area, including flow direction and gradient, and
existing groundwater quality;
(v) The location and characteristics of wells and springs within 1,000 feet of the site; and
(vi) An evaluation of existing groundwater recharge; and,
(vii) A discussion and evaluation of the potential impact of the proposal on groundwater recharge;
(c) A contaminant transport analysis for the uppermost groundwater supply aquifer assuming an accidental spill or release of project-specific contaminants or on-site sewage discharge, or both if applicable;
(d) A discussion and evaluation that details available on-site spill response and containment equipment, employee spill response training, and emergency service coordination measures;
(e) Best management practices to minimize exposure of permeable surfaces to potential
pollutants and to prevent degradation of groundwater quality;
(f) Pollution prevention measures to be implemented, including but not limited to, secondary containment for chemical storage areas, spill prevention measures, and contingency plans for emergencies;
(g) Demonstrate compliance with applicable protection standards in JCC 18.22.330; and
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(h) If performance standards cannot be met with adequate conservation practices scheduled, the applicant shall be subject to the prescriptive standards of this chapter and may apply for a
variance under JCC 18.22.250 or reasonable economic use exceptions under JCC 18.22.260.
(3) County review. Critical aquifer recharge area report or hydrogeologic evaluation shall be forwarded to the Jefferson County department of public health for technical review. The County may request additional information in order to determine the adequacy of the reports and may rely on input from Washington State Department of Ecology.
(4) Conditions for mitigation identified in the critical aquifer recharge area report or hydrogeologic
evaluation. The administrator shall determine appropriate permit conditions as identified in the critical aquifer recharge area report or hydrogeologic evaluation to mitigate the impacts of development to critical aquifer recharge areas. [Ord. 5-20 § 2 (Appx. A)]
18.22.940 Frequently flooded area reports.
(1) Habitat assessment required. A habitat assessment may be required if any portion of the proposed project occurs within a special flood hazard area (floodplain), as mapped by the Federal Emergency Management Agency (FEMA).
(2) Standards for habitat assessment.
(a) In addition to the general requirements found at JCC 18.22.905, frequently flooded area reports shall be based on 2013 FEMA Region 10 guidance document entitled Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin (or as amended by FEMA).
(b) Habitat assessments also shall be prepared to comply with Article IV of this chapter and
the flood damage prevention ordinance, as codified in chapter 15.15 JCC. [Ord. 5-20 § 2
(Appx. A)]
18.22.945 Geologically hazardous area reports. (1) General. When required in Article V, a geological professional (state-licensed geotechnical
engineer, a geologist, or a professional engineer knowledgeable in regional geologic conditions
with professional experience assessing geologically hazardous areas) shall make a site visit to determine if a geologically hazardous area or its associated buffer is present. Based on the site visit, a geotechnical letter or a geotechnical report shall be prepared based on requirements in Article V (geologically hazardous areas), the general report requirements of JCC 18.22.905, and
report requirements in sections (2) through (4) below.
(2) Qualifications of the preparer. Geotechnical letters and reports shall be prepared by a geotechnical professional (licensed geotechnical engineer, a geologist, or a professional engineer) knowledgeable in regional geologic conditions with professional experience assessing geologically hazardous areas. Geologically hazardous letters, reports, and drawings shall be
stamped and signed by the geotechnical professional preparing the documents.
(3) Geotechnical letter. A geotechnical letter shall be prepared and submitted only if all project components, including areas of temporary impact and the limits of clearing, are outside of all
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
geologically hazardous areas or their associated buffers, as described in 18.22.530(10)(a); provided the geotechnical professional is not proposing a buffer reduction. A geotechnical letter
shall address the following:
(a) Describe site location and existing conditions;
(b) Describe proposed activity and all geologically hazardous areas and buffers that occur on the property;
(c) Show the distance of the geologically hazardous area buffers and setbacks from the limits
of clearing on a site plan, which should be included with the geotechnical letter; and
(d) Provide recommendations, as appropriate, to minimize the risk of erosion or landslide.
(4) Geotechnical report. A geotechnical report shall be prepared and submitted if any part of the development, land disturbing activity or use, including areas of temporary impact and areas within the limits of clearing, are within a geologically hazardous area or an associated buffer, as described
in 18.22.530(10)(a), or if a buffer reduction is proposed.
(a) A geotechnical report shall contain the following information:
(a) Site location, including parcel number;
(b) Detailed description of development, land disturbing activity or use;
(c) Date on-site geologic assessment was conducted and date report was completed;
(d) Summary of geologic information reviewed and analyzed (such as maps and
reports) to determine the potential for geologically hazardous areas to be present. Based on this review, identify the types of geologically hazardous areas and buffers that have the potential to occur in the development, land disturbing activity or use;
(e) Detailed description of the site, geologically hazardous areas and their
associated buffers, including but not limited to, surface and subsurface geology, hydrology, soils, and vegetation;
(f) Detailed description of the results of the field investigation, including all geologically hazardous areas occurring on the property. The description shall also address the stability of the geologically hazardous areas and buffers and shall
describe any past activity in the vicinity of the property;
(g) Assessment of the potential for the proposed activity to affect the geologically hazardous area or the stability of the area.
(h) Drainage and erosion control plan that addresses provisions in 18.22.530(7) and presents physical, structural, or managerial best management practices that prevent
or reduce pollution of water;
(i) Description of potential effects of the proposed activity on stormwater quality, quantity, and runoff patterns post-construction. The report shall clearly indicate if the development, land disturbing activity or use has the potential to affect or alter
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
water movement to the geologically hazardous and buffer if the proposal is implemented and identify measures to avoid or minimize alteration of stormwater;
(j) If a development, land disturbing activity or use is proposed within a
geologically hazardous area, the report shall state if the development, land disturbing activity or use can be safely constructed, occupied, or used and shall include any engineering, design, and construction to protect public health and safety;
(k) Conclusions and recommendations relevant to the development, land disturbing
activity or use and existing site conditions;
(l) Site plan showing the location and extent of development, land disturbing activity or use proposed during the site visit; and
(m) Figure showing geologically hazardous areas and their associated buffers
relative to property boundaries, the development, land disturbing activity and uses
and clearing limits, existing structures and other site features, existing and proposed contours, and stakes placed onsite.
(b) The administrator may request that the project geologist or project engineer to review reports and plans prepared by others for consistency with the conclusions and
recommendations in the geotechnical report.
18.22.950 Habitat management reports.
(1) General. When required in Article VI of this chapter, a site visit shall be conducted by a wildlife biologist is required to determine if a FWHCA or its associated buffer is present. Based on the site visit, the biologist shall prepare a habitat reconnaissance letter or a habitat management
plan and include all of the required information described in JCC 18.22.905. Habitat
reconnaissance letters and habitat management plans shall be prepared based on requirements in Article VI FWHCA, the general report requirements of JCC 18.22.905, and the criteria specified in subsections (2) and (3) of this section.
(2) Habitat reconnaissance letter. A habitat reconnaissance letter shall be prepared and submitted
only if all project components, including areas of temporary impact and the limits of construction, are outside of all FWHCA or its associated buffers. A habitat reconnaissance letter shall document that proposed projects because of their location will not impact FWHCA and will include the following:
(a) Site location and description of existing site conditions;
(b) A description of the proposed development, land disturbing activity or use;
(c) The buffer width used;
(d) A description of every FWHCA and its associated buffers on the property;
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(e) Narratively and graphically present the distance of every FWHCA from the limits of clearing, as shown on a site plan. The site plan used during the site visit shall be included in
the habitat review letter; and
(f) Photographs of the site, every FWHCA and its associated buffer.
(3) Habitat management plan. A habitat management plan shall be prepared and submitted if any portion of the development, land disturbing activity or use, including areas of temporary impact and areas within the limits of clearing, are within a FWHCA or if a critical area or reduction of its
associated buffer is proposed. A habitat management plan shall address the following:
(a) Detailed description of all proposed project components relative to every FWHCA, other development proposed, and limits of clearing;
(b) State whether or not in-water work is proposed, and if so, describe timing and methods of construction;
(c) Date site visits were made and date report was completed;
(d) A summary of information reviewed prior to the site visit to determine the potential presence of a FWHCA or its associated buffer;
(e) Detailed description of the field investigation results, including habitat types present on the property, habitat conditions with a FWHCA, location of native vegetation on the property, and
location of nonnative or invasive vegetation on the property. The habitat management report
should indicate if the critical areas extend off site;
(f) If the project area is identified as potential habitat for threatened or endangered species, methods used to determine presence or absence of listed species, methods used to determine if appropriate habitat occurs on site or in the vicinity of the site, and results of the field
investigation;
(g) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCC 18.30.060 and 18.30.070, and the current Stormwater Management Manual for Western Washington, describe any potential effects of the development, land disturbing activity or use on stormwater quantity, quality, and runoff patterns post-
construction. The report shall state whether the proposal will affect or alter water movement
to the FWHCA and its associated buffer if the proposal is implemented and identify measures to avoid or minimize alteration of stormwater runoff patterns post-construction;
(h) Identify all potential impacts of the development, land disturbing activity or use on every FWHCA and its associated buffer. The habitat management report shall include:
(i) Mitigation sequencing. Describe measures to avoid and minimize impacts to every FWHCA. For any unavoidable impacts, describe and justify all project components that cannot avoid impacting the FWHCA. For unavoidable impacts, mitigation plans shall be prepared in accordance with subsection (3)(i) of this section;
(ii) Types of impacts. All potential impacts to every FWHCA and their functions and
values shall be identified and described in the habitat management report. Habitat
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
management reports shall consider direct impacts, indirect impacts, permanent impacts, temporary (long-term and short-term) impacts, and cumulative impacts;
(iii) Impact area. The area (square footage) of potential impact shall be quantified for every
FWHCA. At a minimum, impact area shall include an FWHCA that occurs within the limits of clearing, as shown on the site plan; and
(iv) Functional assessment. The impact assessment shall describe how the FWHCA and its associated buffer functions and natural processes will be affected by development,
land use activity or use proposed.
(i) Provide a detailed mitigation plan for any unavoidable impacts. Mitigation plans shall include:
(i) Description and scaled, graphic rendering of the mitigation proposal and of the area, suitability, and goals and objectives of the area to compensate for impact area and
functions.
(ii) A table identifying impact areas (in square feet) and functions affected for each FWHCA and its associated buffer that also identifies mitigation areas (in square feet) and functions. The table shall clearly show a link between potential impacts (area and function) and proposed mitigation (area and function).
(iii) Mitigation plans shall include performance standards that are applicable to the goals
and objectives of the mitigation effort. Monitoring shall be required annually for five years and quantifiable performance standards shall be specified in the plan for each of the five years of monitoring.
(iv) A planting plan, when appropriate, that lists the species to be planted, including
quantity and planting density of each species to be installed.
(v) Monitoring schedule, monitoring methods, and monitoring data to be collected shall be described.
(vi) Contingency measures shall be described. If any performance standard is not met, the administrator shall require contingency measures be implemented and may extend the
monitoring period beyond five years to ensure every FWHCA is mitigated and protected.
(vii) A site map showing existing conditions, including property boundaries, the location of the development, land disturbing activity or use and limits of clearing, existing structures and other physical features on the property, the location of every on-site FWHCA and associated buffer potentially affected by the proposal.
(viii) A site map showing impact areas on the property. Figure shall show every FWHCA and its associated buffer potentially affected by the proposal relative to clearing limits, property boundaries, and existing site features.
(ix) A site map showing mitigation areas on the property. The site map shall all proposed mitigation areas on the property. If buffer averaging is proposed, the area of increase shall
be shown relative to the area of decrease on the figure.
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The Jefferson County Code is current through Ordinance 4-24, passed June 17, 2024.
(x) Photographs of the site and every FWHCA.
(4) In-lieu fee program. A mitigation plan shall not be required if the ILF program, as specified in
18.22.660(3), is used to mitigate project impacts.
18.22.955 Process and requirements for designating species and habitats of local importance as critical areas.
(1) Purpose. WAC 360-190-130(4)(a) requires the county to consult current information on
priority habitats and species identified by the Washington state department of fish and wildlife.
WAC 360-190-130(4)(b) states the county should identify, classify and designate locally important habitats and species. This section describes the process and requirements for designating, monitoring, and removing species and habitats of local importance that are not covered by the State Priority Species and Habitats List.
(2) Procedure for designation. An application to designate a habitat of local importance as a critical area shall be processed according to the procedures for a Type V land use decision under chapter 18.40 JCC.
(3) Applications for designation of a species or habitat of local importance. Any person residing
or headquartered in Jefferson County or any County department may apply for designation of a
species or habitat of local importance.
(4) Requirements for approval of an application for designation of a species or habitat of local significance.
(a) The applicant shall provide information demonstrating that the species or habitat is native
to Jefferson County, existing on or before the date of adoption of the regulations codified in
this chapter.
(b) The application shall include all of the following:
(i) Identification of the species including its scientific and locally common name(s);
(ii) Identification of the geographic location, including Jefferson County parcel numbers,
and extent of the habitat associated with an applied for species or the applied for
habitat itself if not associated with an applied for species;
(iii) Identification of the specific habitat features to be protected (e.g., nest sites, breeding
areas, nurseries, etc.).
(iv) For a proposed wildlife corridor, the features that are required for the corridor to
remain viable to support and protect the applied for species.
(v) A map of an appropriate scale to properly describe the location and extent of the
habitat;
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(vi) Geo-referencing information sufficient to allow mapping of the applied for habitat in
the county GIS mapping system;
(vii) The status of the species or the occurrence of the type of habitat in surrounding
counties and in the rest of the state has been considered in making this application;
(c) The application shall include a management plan for protection of the species or habitat
that includes all of the following:
(i) Whether the management plan has been peer reviewed, and if so, how this was done
and by whom;
(ii) How the restoration will be funded;
(iii) Recommendations for allowed, exempt, and regulated development, land disturbing
activity or uses within the area;
(iv) Recommended buffer and setback requirements and their justification;
(v) Any seasonal requirements;
(vi) A monitoring plan that is practical and achievable and includes all of the following:
(A) Baseline data and a description of what measurements shall be used to determine
the success of the project;
(B) The requirements and time period required to evaluate the success of the plan;
(B) A contingency plan for failure; and,
(C) A list of all parcels not included in the application but affected by the monitoring
process; and,
(vii) An economic impact, cost, and benefits analysis;
(viii) An analysis of alternative solutions to formal designation of the species or habitat of
local importance as a regulated critical area under this chapter.
(d) The applicant shall be responsible for paying all fees and all expenses incurred by Jefferson County to process the application for designation of a species or habitat of local significance.
(5) Review and approval requirements.
(a) The application for a designating a species of local importance for designation under this section shall satisfy the all of following requirements:
(i) Local populations that are in danger of extirpation based on documented trends since the adoption of the Growth Management Act, chapter 36.70a RCW;
(ii) The species is sensitive to habitat manipulation;
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(iii) The species or habitat has commercial, game, or other special value such as it is locally rare;
(iv) The application shall include an analysis of the proposal using best available science;
and,
(v) The application specifies why protection by other county, state or federal policies, laws, regulations or nonregulatory tools is inadequate to prevent degradation of the species or habitat and for which management strategies are practicable, and describes why,
without designation and protection, there is a likelihood that the species will not maintain
and reproduce over the long term, or that a unique habitat will be lost.
(b) Applications for habitats of local importance under this section shall satisfy all of the following criteria:
(i) Where the application for a habitat is for protection of a species, the use of the habitat
by that species shall be documented or be highly likely or the habitat is proposed to be
restored with the consent of the affected property owner so that it will be suitable for use by the species; and, long-term persistence of the species in Jefferson County and adjoining counties is dependent on the protection, maintenance or restoration of the habitat;
(ii) The applied for areas to protect a particular habitat shall represent either high quality
native habitat or habitat that has an excellent potential to recover to a high-quality condition and which is either of limited availability or highly vulnerable to alteration; and
(iii) The applied for specifies the specific habitat features to be protected (e.g., nest sites, breeding areas, nurseries, etc.). In the case of proposed wildlife corridors, the application shall specify those features that are required for the corridor to remain viable to support
and protect the applied for species.
(6) Review and approval process.
(a) DCD shall determine whether the application submittal is complete. If deemed complete, the department shall evaluate the proposal for compliance with the approval criteria in this section and make a recommendation to the planning commission based on those criteria. The
department shall also notify all parcel owners affected of the terms and contents of the proposal.
(b) Upon receipt of a staff report and recommendation from the department, the planning commission shall hold a public hearing, and make a recommendation to the Jefferson County board of county commissioners based upon the approval criteria in this section.
(c) The Board of county commissioners shall consider the recommendation transmitted by the
planning commission at a regularly scheduled public meeting, and may then adopt an ordinance formally approving the designation. Should the board wish to vary from the planning commission recommendation and alter or reject the application, such action may only occur following a separate public hearing conducted by the board of county commissioners.
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(d) Upon approval, the ordinance designating and regulating the species or habitat of local importance shall be codified in this article for public information and implementation by the
department, and a notice to title shall be placed upon all parcels affected by the designation.
(e) Each ordinance creating a species or habitat of local importance shall include periodic review or reassessment of the initial designation. The length of the periodic review may be dependent on the characteristics of the species or habitat.
(7) Removal from designation. Species or habitats of local significance may be removed at any
time; provided, they no longer meet the criteria in subsection (5) of this section (e.g., as a result of
a natural catastrophe or climatic change event), and all procedural requirements of this section and Type V land use decisions under chapter 18.40 JCC are met. [Ord. 5-20 § 2 (Appx. A)]
18.22.960 Wetland reports.
(1) General. When required by Article VII of this chapter, a site visit shall be conducted by a wetland specialist or qualified professional to determine if a wetland is present. Based on the site
visit, a wetland reconnaissance letter or a wetland delineation report shall be prepared. Wetland reconnaissance letters and wetland delineation reports shall be prepared based on requirements in Article VII (Wetlands) of this chapter, the general report requirements of JCC 18.22.905, and the criteria specified in subsections (2) and (3) of this section.
(2) Wetland reconnaissance letter. A wetland reconnaissance letter shall be prepared and submitted
only if all the components of the development, land disturbing activity or use are at least 300 feet from areas of temporary impact and the limits of clearing; provided, no buffer reduction is proposed. A wetland reconnaissance letter shall document that development, land disturbing activity or use, because of their location, will not impact wetlands and will include the all of the following:
(a) Describe all wetlands and associated buffers on the property;
(b) Narratively and graphically describe the distance of all wetlands from the limits of clearing, as shown on the site plan. The site plan used during the site visit shall be included in the wetland reconnaissance letter;
(c) Provide a wetland delineation field data form for all potential wetland areas assessed;
(e) Plot locations shall be shown on the site plan that is attached to the wetland reconnaissance letter; and,
(f) Photographs of the site and the wetlands.
(3) Wetland delineation report. A wetland delineation report shall be prepared and submitted if any portion of the development, land disturbing activity, or use is within 300 feet of areas of
temporary impact and areas within the limits of clearing, or if a buffer reduction is proposed. A wetland delineation report shall address the all of following:
(a) Date site visits were made and date report was completed.
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(b) Summary of information reviewed (such as maps and reports) to determine the potential for wetlands to be present. Based on this review, describe wetlands and buffers within 300 feet
of the development, land disturbing activity or use.
(c) Detailed description of the field evaluation results, location and types of wetlands identified, and buffer conditions. Discuss all on-site wetlands identified, potential off-site wetlands, and wetland ratings and associated buffer widths. Indicate locations of wetland boundary flagging and plot flagging, including flag color, type, and number.
(d) Wetland Determination Field Data Forms for all wetland and upland plots shall be included
in the report.
(e) Wetland Rating Forms for all wetlands identified shall be included in the report.
(f) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCC 18.30.060 and 18.30.070, and the most current version of the Stormwater
Management Manual for Western Washington, describe any potential effects of the
development, land disturbing activity or use on stormwater quantity, quality, and runoff patterns post-construction. The report shall state whether the development, land disturbing activity or use will affect or alter water movement to the wetland if the proposal is implemented and identify measures to avoid or minimize alteration of stormwater runoff
patterns post-construction.
(g) All potential impacts shall be identified. The impact assessment shall include:
(i) Mitigation Sequencing. Describe measures to avoid impacts to wetlands and buffers. For any unavoidable impacts, describe measures to minimize impacts.
(ii) Types of Impacts. All potential impact to wetlands and buffers shall be identified and
described in the report. Impact assessments shall consider direct impacts, indirect impacts,
permanent impacts, temporary (long-term and short-term) impacts, and cumulative impacts.
(iii) Impact Area. The area (square footage) of potential impacts shall be quantified for each wetland and buffer. The impact area shall include the wetland and buffer areas that
occur within the limits of clearing, as shown on the site plan.
(iv) Functional Impact. The impact assessment shall describe how wetland and buffer functions and natural processes will be affected by the proposed development or use.
(v) Figures. The impacts described above shall be shown a figure.
(vi) Photos. Photos of areas to be impacted shall be included in a report.
(h) Prepare a mitigation plan for any unavoidable impacts to wetlands and buffers. Mitigation
plans shall include:
(i) Description of the mitigation area and suitability of the area to compensate for impacts to area and functions.
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(ii) Detailed description of the mitigation proposal.
(iii) Goals and objectives of the mitigation proposal, including a detailed description of
how the proposal will compensate for impacts.
(iv) Table identifying impact areas (square feet) and functions affected for each wetland and buffer. The table shall clearly show a link between potential impacts (area and function) and proposed mitigation (area and functions).
(v) Mitigation plans shall include performance standards that are applicable to the goals
and policies of the mitigation effort. Monitoring shall be required annually for five years
and quantifiable performance standards shall be specified in the plan for each of the five years.
(vi) A planting plan that lists the native species to be installed, including quantity and density of each species.
(vii) Monitoring schedule, monitoring methods, and monitoring data to be collected shall
be described.
(viii) Contingency measures shall be described. If any performance standard is not met, the administrator shall require contingency measures be implemented and may extend the monitoring period beyond five years to ensure wetlands and buffers are adequately
mitigated and protected.
(ix) Figure showing existing conditions, including property boundaries, location of the proposed activity and limits of clearing, existing structures and other physical features on the property, location of all on-site wetlands and buffers, location of wetland boundary flagging and numbering, and plot locations.
(x) Figure showing impact areas on the property. Figure shall show all wetlands and buffers potentially affected by the proposal relative to the limits of clearing, property boundaries, and existing site features.
(xi) Figure showing mitigation areas on the property. Figure shall show location and square footage of each mitigation area. If buffer averaging is proposed, the area of increase shall
be shown relative to the area of decrease.
(i) Photographs of the site and the wetlands or buffer.
(4) A mitigation plan shall not be required if the ILF program, as specified in JCC 18.22.740(4) is used to mitigate project impacts. [Ord. 5-20 § 2 (Appx. A)]
18.22.965 Critical area stewardship plan reports.
(1) General. Property owners may elect to develop site-specific critical area stewardship plan
(CASP) as an alternative to the prescriptive requirements of Article VI (FWHCAs) and Article VII (Wetlands) of this chapter. The overall goal of the CASP is to maintain existing functions and values of the watershed and sub-basin, while addressing the needs and desires of the property owner. CASPs are an option if any portion of a development is proposed within a FWHCA,
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wetland, or require a critical area variance per JCC 18.22.250, or a reasonable use exception per JCC18.22.260.
(2) Authority. The administrator may approve CASPs as an alternative to a variance pursuant to
JCC 18.22.250 or reasonable economic use exception pursuant to JCC 18.22.260.
(3) Review of CASP reports and approval of CASP permits. The administrator shall be responsible for reviewing and approving submitted CASP reports and issuing CASP permits. The administrator may, at the administrator’s discretion, seek technical assistance from the Jefferson County conservation district, the Washington State Department of Fish and Wildlife or the
Washington State Department of Ecology when reviewing CASPs.
(4) Applicability and limitations of CASPs. CASPs may be used in any land use district; provided, all of the following requirements are met:
(a) CASPs shall not be used where rural transitional zoning applies pursuant to chapter 18.19
JCC if a buffer reduction has the potential to preclude future urban growth density requirements in chapter 18.18 JCC.;
(b) CASPs on properties less than one-quarter acre are prohibited;
(c) CASPs for critical areas other than FWHCAs and their associated buffers (Article VI) or
wetlands and their associated buffers (Article VII) are prohibited;
(d) CASPs shall provide equal or greater protection of critical area functions and values than the prescriptive standards of buffers and setbacks;
(e) Permits for a CASP not in shoreline jurisdiction as determined by chapter 18.25 JCC shall be processed as a Type I land use decision under chapter 18.40 JCC; and,
(f) Permits for a CASP in shoreline jurisdiction shall be processed as specified in chapter
18.25.
(5) Implementation and time limits for a CASP.
(a) The maximum period of CASP permits shall be five years from the date the CASP permit is issued. Once a CASP permit has expired, it shall not be renewed.
(b) A CASP permit also shall be limited to the same period as the underlying permit (e.g.,
building permit, septic permit, shoreline permit). However, if the underlying permit does not have a specified expiration date or if the CASP application is a standalone application, the CASP permit shall be limited to three years from the date the CASP permit is issued.
(c) The application for a CASP shall be made on a form approved by DCD. The applicant
shall record a notice to title for the CASP any approved mitigation with the Jefferson County Auditor’s office and shall post a performance bond in an amount determined by the administrator to be sufficient to ensure compliance with the CASP, including. the estimated
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cost of monitoring by staff or a qualified professional or natural resources conservation professional to ensure that maintenance and monitoring are completed as required by this
section. The performance bond shall be released any amount remaining shall be refunded to
the applicant at the end of the specified monitoring period or when all performance standards are met, whichever is later.
(d) No other permits (such as building, shoreline, septic) shall be approved until the applicant has recorded the notice to title and posted the performance bond required by this section, unless
approved by the administrator.
(6) Report requirements.
(a) CASP reports shall be prepared by a qualified professional, wildlife biologist, a wetlands specialist, or both, as the administrator may require and shall show compliance with JCC 18.22.905 (general requirements) and 18.22.950 (habitat management reports) or JCC
18.22.960 (wetland reports).
(b) The CASP report shall be consistent with protection standards in Article VI (fish and wildlife habitat conservation areas) and Article VII (wetlands).
(c) It is the burden of the applicant to demonstrate to the satisfaction of the administrator that the mitigation proposal in the CASP report is sufficiently detailed to justify the impact to the
critical area and or its associated buffer. CASPs that cannot demonstrate protection of the critical area and its associated buffer shall not be approved.
(7) As-Built Plan Requirement. An as-built plan shall be prepared by a wetland specialist describing the action taken to implement the CASP. This as-built plan shall include:
(a) A contour map describing final contours if grading is required;
(b) A quantitative description of the work completed to show compliance with the approved mitigation plan and CASP permit conditions;
(c) Establishment of two or more permanent photo documentation stations with established bearings and monuments to ensure that subsequent photographs depict the same landscape for comparative purposes;
(d) Additional photographic documentation that shows the condition of mitigation area(s) once
CASP mitigation has been implemented;
(e) A site plan showing the location of the mitigation areas relative to the mitigation proposal as presented in the approved CASP report and to the CASP permit conditions; and
(f) Building final certificate of occupancy or septic final shall not be issued until the applicant
has submitted an as-built showing compliance with this article, the approved CASP report,
and all CASP permit conditions.
(7) Contingency plan requirement. A contingency plan is required describing how the CASP might be modified if monitoring indicates a failure to meet the stated goals, or a need to modify the goals because of events outside the owner’s control (e.g., damage associated with wildlife). For instance,
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if one of the planted species of vegetation proves ill adapted to the environment and fails to survive or thrive to the extent needed to provide the intended function then alternative species should be
identified. In general, plans should initially plant at greater than 120 percent of the specified final
density of shrubs and trees. The contingency plan should call for either supplemental planting when the density falls below the prescribed final density or it could call for the planting of alternate specie(s).
(8) Failure to submit required reports. Failure to submit a report required under this article shall
constitute a failure to comply with the terms of the permit.
(9) Performance bond. The administrator shall authorize the use of the performance bond to ensure maintenance and monitoring are completed to comply with permit conditions. In the event the performance bond amount is insufficient to ensure compliance with the permit (or if land disturbing activities on the site have negatively affected the mitigation area(s), the failure to
comply with CASP permit conditions shall be processed by the administrator pursuant to title 19
JCC (Code Compliance).
(10) Waiver. The administrator may waive portions of a critical area stewardship plan (CASP) if, in the administrator’s opinion, critical area functions and values will not be adversely affected by a proposed activity.
(11) Recording of approved CASP required. An approved CASP must be recorded on the property
deed (recorded with the Jefferson County auditor) and must remain in effect unless replaced by a new or updated CASP approved by the county. [Ord. 5-20 § 2 (Appx. A)]1