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HomeMy WebLinkAbout092418_cabs01CAB JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST To: Board of County Commissioners (BoCC) Philip Morley, County Administrator FROM: Patty Charnas, Director Donna Frostholm, Associate Planner DATE: September 24, 2018 SUBJECT: County Administrator's Briefing Session Critical Areas Ordinance Update STATEMENT OF ISSUE: The Department of Community Development (DCD) has prepared a draft updated Critical Areas Ordinance (CAO) to comply with Growth Management Act (GMA) requirements. As part of the update, DCD has reviewed guidance documents available from Washington Department of Commerce, obtained Best Available Science (BAS) documents, and has reached out to state and local agencies, organizations, and individuals for input. The draft updated CAO reflects this work. The purpose of this briefing is to provide the commissioners with an overview of the proposed content of the CAO, to summarize recent communications between DCD and the Jefferson County Conservation District, and to give the Board of County Commissioners (BoCC) an opportunity to review the current draft before DCD brings the CAO forward to the Planning Commission. ANALYSIS/STRATEGIC GOALS/PROS and CONS: The GMA requires Jefferson County to review and, if necessary, revise the Comprehensive Plan and implementing development regulations by June 30, 2016. As allowed under RCW 36.70A. 130(6)(e), Jefferson County met the criteria for receiving an additional 24 months to complete the development regulation revisions, including those for critical areas. Last March, the BoCC approved additional time for DCD to work on critical area regulations as they pertain to agricultural issues, which also allowed the BoCC to focus on Comprehensive Plan update and deliberations. With the Comprehensive Plan and other Unified Development Code revisions nearing completion, DCD would like to apprise the BoCC on the proposed content of the CAO. The CAO is intended to protect critical areas while allowing for development. During this policy discussion with the Board and County Administrator, DCD will summarize revisions made to the CAO, outline discussions DCD has had with others as it pertains to agriculture, highlight documents reviewed as BAS, and review key issues. FISCAL IMPACT/COST-BENEFIT ANALYSIS: Staff work on the CAO update has continued beyond June 30, with funding of DCD staff to work on the update coming from the general fund. Any additional funding to complete the update is yet to be CAB determined. While not meeting the June 30 deadline does not affect the County's eligibility to apply for state funding, a long delay could affect subsequent awards. RECOMMENDATION: It is recommended that the BoCC receive a briefing on the proposed content of the CAO update and provide feedback and direction as appropriate. REVIEWED BY: Philip Morley, Co my Administrator Date JEFFERSON COUNTY CRITICAL AREAS ORDINANCE UPDATE (Chapter 18.22 Jefferson County Code) Reason for Update: • Growth Management Act (GMA) requires periodic update of critical areas to include best available science (BAS). [RCW 36A.70A.130(1)(c)] • Last revision in 2008 with final edits to geologically hazardous areas in 2009. Critical Areas (Chapter 18.22 JCC): • Critical Aquifer Recharge Areas (CARAs) —Article III • Frequently Flooded Areas —Article IV • Geologically Hazardous Areas —Article V • Fish and Wildlife Habitat Conservation Areas (FWHCAs) —Article VI • Wetlands —Article VII Other Articles (Chapter 18.22 JCC): • Purpose —Article I • Administration Provisions —Article II • Special Reports —Article VIII • Critical Area Stewardship Plans (CASPs) — Article IX • Implementation Strategies — Article X (not likely to be revised) • Watershed Monitoring — Article XI (not likely to be revised) • Adaptive Management — Article XII (not likely to be revised) Other Updates (Chapter 18.22 JCC) • Agricultural Lands: o Add revisions to protect critical areas o Maintain agricultural land uses Jefferson County DCD April 19, 2017 1 JEFFERSON COUNTY CRITICAL AREAS ORDINANCE UPDATE/AGRICULTURE (Chapter 18.22 Jefferson County Code) Critical areas update relationship to agriculture: ■ Growth Management Act (GMA) requires periodic update of critical areas to include best available science (BAS). [RCW 36A.70A.130(1)(c)] ■ Jefferson County did not opt into the Voluntary Stewardship Program in 2012 • Proposed revisions to WAC 365-196-830 (Protection of Critical Areas) add the following: o (8)(b) Local governments are encouraged to evaluate their development regulations to assure the protection of critical areas where agricultural activities take place. o (8)(c) Local governments should not broadly exempt agricultural activities from their critical areas regulations. ■ Proposed new section WAC 365-196-832 (Protection of Critical Areas and Voluntary Stewardship Program) includes: o (3)(a) Agricultural activities located in non -participating watersheds are subject to applicable development regulations that protect critical areas. Overview of key information pertaining to agriculture: • Recommendations Report prepared by consultant for critical areas update in 2016 • Chimacum Watershed Agriculture, Fish and Wildlife Protection Plan prepared by Al Latham (JCCD) in 2004 • Chimacum Watershed Water Quality and Fishes: A Comprehensive Review prepared by Glen Gately (JCCD) in 2015 • Wetland Guidance for CAO Updates prepared by Ecology in 2016 • Working Buffer options prepared by Snohomish Conservation District in 2015 • Voluntary Stewardship Program Work Plan prepared by Thurston County in 2017 • Code language from Whatcom County, King County, and Snohomish County • Clallam County Critical Areas Ordinance • King County Farm Conservation Plan Jefferson County DCD September 20, 2017 1 CAO Revisions Purpose (Chapter 18.22 JCC, Article 1) and Flood Damage Prevention (Chapter 15.15 JCC) JCC 18.22.010 — Purpose - Generally • Deleted language not applicable to purpose of critical areas ordinance. • Expanded/listed purpose of critical areas ordinance. JCC 15.15.050 — Definitions + Revised definitions to be consistent with Biological Opinion. JCC 15.15.OXX — General exemptions ■ Added section describing when a proposed activity would be exempt from flood development permitting and/or a habitat assessment (revision to draft language presented at June 21, 2017 planning commission meeting). Jefferson County DCD August 2, 2017 1 Administrative Provisions (Article ll) Summary of Revisions JCC 18.22.020 —Applicability • Revised and added sections for clarity o Critical areas regulated by this chapter listed o Regulatory review coordination between chapter and other permitting processes o Regulatory coordination with other agencies o Violation of chapter is prohibited JCC 18.22.050 — Coverage • Revised as new section JCC 18.22.XXX — Critical Areas Review Process • Deleted existing language in section that was similar to that in JCC 18.22.020 • Added process for reviewing applications in areas with critical areas JCC 18.22.070 — General exemptions • Consolidated similar exemptions • Clarified limitations of exemptions • Deleted exemptions that do not meet BAS JCC 18.22.080 — Non -conforming uses • Revised section header to include non -conforming structures 4 Added clarifications to existing language, regarding when the provisions can be used JCC 18.22.090 — Reasonable economic use variance • Revised language to allow an applicant to apply for a reasonable economic use variance without having to first have a permit denied. Jefferson County DCD April 19, 2017 3 Critical Aquifer Recharge Areas (CARAs) (Chapter 18.22 JCC, Article lil and JCC 18.30.180) Summary of BAS Revisions JCC 18.22.100 — Classification • Revised section header from 'Classification' to 'Designation' to be consistent with other articles. • Updated definition of critical aquifer recharge areas based on WAC language. • Removed JCC 18.22.100(2) from this section (moved to applicability section). 18.22.110 — Designation • Deleted this section, which has been addressed in the Administrative Provisions section (Article II) for critical areas mapping. JCC 18.22.120 — Applicability • Clarified when 'high intensity land uses' are prohibited and when those land uses may be approved. • Added section for 'other land uses' .to clarify types of proposals that may trigger CARA review. JCC 18.22.130 — Protection standards Updated protection standards to comply with WAC requirements. • Added reference to Title 8 (health and safety) for protection standards for above ground and below ground storage tanks (subsection 5) and for hazardous materials (subsection 7). • Revised well drilling section for proposed subdivisions on Marrowstone Island. • Clarified in the well drilling section that unavailable public water means 'the subject property is not within a current water service area'. • Revised section pertaining to Marrowstone Island to say that installation of timer at the time of well pump installation is required, not voluntary. Added new subsection to address the WRIA 17 in -stream flow rule. The WAC requirement for this in -stream flow rule went into effect in 2009 (after the last critical areas ordinance update). JCC 18.30.180 — On-site sewage disposal best management practices in critical aquifer recharge areas (development standards) • Updated this section to comply with WACs (i.e., no change in implementation of these development standards). Jefferson County DCD August 16, 2017 1 Frequently Flooded Areas (Chapter 18.22 JCC, Article IV) and Flood Damage Prevention (Chapter 15.15 JCC) Summary of BAS Revisions JCC 18.22.IXX — Designation • New section that defines frequently flooded areas. JCC 18.22.IYY — Applicability • Added section clarifying activities that must comply with this article. JCC 18.22.140 — Incorporation by reference ■ Added new section to comply with the FEMA Biological Opinion, including the requirement to prepare a Habitat Assessment that addresses federally -listed species. • Added new section that allows for a programmatic review, should that option be available to Jefferson County in the future. JCC 15.15.050 — Definitions • Revised definition to be consistent with Biological Opinion. JCC 15.15.OXX — General exemptions • Added new section listing activities exempt from requirement to prepare a Habitat Assessment. • New section will likely go in between JCC 15.15.060 and 15.15.070. Jefferson County DCD June 21, 2017 1 Geologically Hazardous Areas (Article V) Summary of BAS [Revisions JCC 18.22.160 — Designation ■ Added geologically hazardous area definition. • Updated definitions for erosion hazards, landslide hazards, and seismic hazards (no change to channel migration zone definition). • Added section to clarify that coal mine hazards and volcanic hazards are not a known risk in Jefferson County, and therefore, not regulated. • Updated sources for identifying geologically hazardous areas. ■ Deleted reference to geologically hazardous area mapping (referenced in Article II, Administrative Provisions). JCC 18.22.1XX — Regulated activities • Added section to clarify that proposed development or uses must comply with this article. • Added 200 -foot -wide management area, which determines when planners require geologically hazardous area assessments. JCC 18.22.170 — Regulated activities • Clarified that stormwater quantity, quality, and flow path post -construction must be comparable to pre -construction hydrologic conditions. • Revised so that vegetation clearing limits are identified at the time of application. • Added new section specifying when a geologically hazardous area assessment will be required, and clarified that DCD will also be regulating erosion and seismic hazards in addition to landslide hazards and high risk channel migration zones. • Added new section describing two types of assessments, one lower level assessment if the professional finds the proposal is outside a hazardous area and buffer, and a higher level if the professional finds the proposal will be located within the hazardous area and/or buffer. • Added new section for marking the limits of the geologically hazardous area by the professional while onsite. • Revised buffer marking section to include staking of the buffer prior to construction and to allow the administrator the option to require permanent buffer signs on commercial and industrial properties as well as properties that are used by the public. • Added new section on buffer widths: current buffer width is 30 feet; proposed buffer width ranges from 50 to 150 feet, depending on mapping. • Revised buffer reduction section, which includes a more rigorous review for reductions greater than 25 percent. Deleted geotechnical reports section — reporting requirements for each of the two assessment methods will be included in Article VIII (Special Reports). Jefferson County DCD July 19, 2017 1 Fish and Wildlife Habitat Conservation Areas (Article VI) Summary of BAS Revisions JCC 18.22. 200 — Designation • Updated list for clarity and to be more consistent with state rules JCC 18.22.220 — Sources used for identification • Expanded list to include online sources of FWHCA information • Deleted outdated sources of information JCC 18.22.250 — Regulated activities • Eliminated performance standards Revised to succinctly list regulated activities • Added four regulated activities that have the potential to adversely affect the FWHCA or the buffer JCC 18.22.265 — Habitat management plans • Updated and clarified language specifying type of habitat review and type of report required • Revised to have three levels for habitat reviews and reporting o Habitat Review Letter o Habitat Management Plan o Critical Areas Stewardship Plan JCC 18.22.270 — Protection standards • Revised vegetation retention to clarify that a permit is needed to alter habitat conditions within a FWCHA or a buffer • Revised building setback, which is measured from the buffer edge, from 5 feet to 10 feet (consistent with SMP building setback) • Added language giving authority to DCD administrator to increase FWHCA buffer widths, based on appropriate documentation showing that an increase is needed to protect FWHCA functions (appropriate documentation could include biological report or comments from state agencies). ■ Edited FWHCA buffer tables for clarity and to include BAS JCC 18.22.XXX — Mitigation sequencing • Added mitigation sequencing based on state rules o Impacts to FWHCA and/or buffer should be avoided, if feasible o Minimize unavoidable impacts to the extent possible o Compensate for unavoidable impacts JCC 18.22.XXX — Impact assessment and mitigation • Added requirement to assess potential impacts to the FWHCA and buffer, and the impacts must be addressed in a report by type of impact w Added mitigation requirements, including minimum mitigation requirements and types of mitigation Jefferson County DCD April 19, 2017 2 Wetlands (Article VIl) Summary of BAS Revisions JCC 18.22.290 — Stewardship alternative • Deleted section, which pertains to critical areas stewardship plans (CASPs), and added references to CASPs in other applicable sections of this article, such as Impacts and Mitigation. JCC 18.22.300 — Designation • Added wetland definition. • Updated wetland delineation manuals to be used in making wetland determinations. • Clarified process and criteria for determining if a wetland is unregulated. • Updated version of wetland rating manual to be used in determining wetland category. • Added Washington Department of Ecology (Ecology) wetland category descriptions. JCC 18.22.310 — Regulated activities • Clarified regulated activities based on best available science (BAS) for wetlands and wetland buffers. JCC 18.22.330 — Protection standards • Deleted single-family and short subdivision wetland waiver option. • Deleted 'apparent wetland boundary' option, which provided a way to avoid delineating an obvious wetland boundary by increasing the standard buffer width. • Added two types of wetland evaluation: 'wetland reconnaissance' and 'wetland delineation'. • Revised section pertaining to marking wetland buffer locations onsite to be more consistent with BAS and to better reflect types of development in Jefferson County. • Updated/corrected wetland buffer tables 18.22.330(1), (2), and (3) based on BAS. • Updated wetland buffer tables 18.22.330(1), (2), and (3) to include buffer widths for marijuana proposals. • Updated wetland buffer reduction and wetland buffer averaging provisions based on BAS, and added process for increasing wetland buffer widths. Clarified that stormwater quantity, quality, and flow path post -construction must be comparable to pre -construction hydrologic conditions. JCC 18.22.340 — Noncompensatory enhancement • Deleted section as DCD only regulates development and uses that trigger compensatory mitigation. JCC 18.22.350 — Mitigation • Revised section header to impact assessment and mitigation. ■ Updated mitigation sequencing steps based on BAS. • Added section to clarify how potential impacts should be assessed. • Deleted interdunal wetland type from table 18.22.350 (wetland mitigation table) because this wetland type does not occur in Jefferson County. Jefferson County DCD May 17, 2017 1 Special Reports (Article VIII) Summary of Revisions for Critical Areas Ordinance Update Article VIII — Special Reports • Revised from 'Special Reports' to 'Critical Area Reports'. • Changed section headers within this article from name of report (e.g., habitat management plan) to type of critical area reports (e.g., fish and wildlife habitat conservation area reports). JCC 18.22.360 — General requirements • Consolidated and clarified overarching content requirements for critical area reports. • Clarified that critical area reports are valid for up to five years. JCC 18.22.390 — Acceptance of special reports Deleted reference to timeframe for reviewing submitted reports. • Clarified language allowing resubmittal of reports and deleted appeal language. JCC 18.22.400 — Aquifer recharge reports Revised section header to 'Critical aquifer recharge reports'. • Updated name of county department that reviews critical aquifer recharge reports and clarified that the county may use Ecology input and guidance. • Deleted reference to review fees (this is addressed in other Jefferson County Code sections). JCC 18.22.410 — Drainage and erosion control plan • Deleted entire section; drainage and erosion control requirements incorporated into critical area report sections. JCC 18.22.420 — Geotechnical report • Revised section header from 'Geotechnical report' to 'Geologically hazardous area reports'. Most of current code language is deleted and new report requirements added. • Revised subsection (1), general requirements, to state when a report is required and cite relevant code sections. • Revised section to include two report options, depending on results of an on-site assessment: (1) a letter report is to be submitted if no geologically hazardous areas or buffers are identified within the project area or (2) a geotechnical report is required if a geologically hazardous area or buffer occurs within the project area. • Added sections specifying report content for both the letter report and the geotechnical report. JCC 18.22.430 — Grading plans • Deleted entire section; grading plan requirements incorporated into critical area report sections. Jefferson County DCD August 30, 2017 1 Critical Area Stewardship Plans (Article IX) Summary of Revisions JCC 18.22.460 — CASPs-Generally 9 Added clarification for when CASPs permitting section is used. • Deleted language that is more appropriately addressed elsewhere in this section. JCC 18.22.461— Applicability and limitations • Revised so that CASPs can be used in all zoning designations. • Revised to state that CASP reports must be prepared by a qualified professional. JCC 18.22.310 — Regulated activities a Clarified regulated activities based on best available science (BAS) for wetlands and wetland buffers. JCC 18.22.XXX — CASP assessment and report (new section) • Consolidated information from deleted sections to provide a stepwise, sequential process for site assessments and preparing CASP report. Added criteria for making impact assessments. • Clarified that stormwater quantity, quality, and flow path post -construction must be comparable to pre -construction hydrologic conditions. • Added types of photos and figures for inclusion in reports. • Added language for CASP notice to title and mitigation performance bond. JCC 18.22.465 — Performance standards JCC 18.22.470 — Existing conditions JCC 18.22.480 — Description of the management proposal JCC 18.22.490 — Maintenance • Deleted sections; regulations from these sections were added to new section, JCC18.22.XXX, and similar types of regulations were consolidated. JCC 18.22.510—As-built requirement • Revised photographic documentation requirement. Added language requiring as -built to be submitted prior to building final. JCC 18.22.520 — Periodic monitoring Changed section header to state 'Annual monitoring'. • Clarified when monitoring periods may be extended. JCC 18.22.540 — Failure to submit required reports Is Added language for how and when the performance bond may be used. Jefferson County DCD June 7, 2017 1 CRITICAL AREAS AND AGRICULTURE SUMMARY OF REVISIONS Chapter 18.22 JCC (Critical Areas): Added Article XIII (Agriculture) to critical areas chapter. • JCC 18.22.AAA specifies when the new article is applicable for agricultural uses and development • JCC 18.22.6136 lists regulated agricultural activities • JCC 18.22.000 presents alternative options for farmers to address wetlands and fish and wildlife habitat conservation areas: o Conservation District prepares biological reports for permitting o Reduced buffers o Working buffer ■ JCC 18.22.DDD identifies benchmark criteria for agricultural compliance with critical areas requirements JCC 18.30.020 (Performance Standards for Agricultural Activities and Accessory Uses): Revisions limited to making existing performance standards consistent with critical areas update and consolidating definitions in a single portion of the Unified Development Code. • 18.20.300(1) — Definitions: o deletes definitions (which are in JCC 18.10.010) o adds in a Purpose section • 18.20.030(2) — Agricultural Activities: o clarifies that new agriculture requires compliance with critical areas regulations o clarifies limits to maintenance and repair exemption o deletes subsections (such as 'no harm' requirement and functions and values description) that are addressed in critical areas chapter o clarifies that a land use permit may be needed in cases where a building permit is not needed • 18.20.030(3) — Accessory Uses o clarifies when accessory uses are allowed and revises requirements for accessory uses Jefferson County DCD December 20, 2017 1 Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 1/100 Sections: 18.22.010 Purpose —Generally. Chapter 18.22 CRITICAL AREAS Article I. Purpose Article I1. Administrative Provisions 18.22.020 Applicability. 18.22.030 Identification and mapping of critical areas. 18.22.050 �4weK+ge ical area review 1�rc�� ; . 18.22.070 General exemptions. 18.22.080 Nonconforming uses and structures. 18.22.090 Reasonable economic use variance. 18.22.095 Physical separation — Functional isolation. Article III. Critical Aquifer Recharge Areas 18.22.100 Classification/designation. a i, ' 1 E 0 De!,"+1 i cH- 18.22.120 Applicability. 18.22.130 Protection standards. 18.22.135 Adaptive management. Article IV. Frequently Flooded Areas 18.22.1AA Classification/designation. 18.22.18I3 Applicability. 18.22.140 Incorporation by reference. 18.22.150 Relationship to other regulations. Article V. Geologically Hazardous Areas 18.22.160 Classification/designation. 18.22.1CC Regulated activities. 18.22.170 Protection standards. 18.22.180 Conditions. Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs) •l -K -_'A-()5 coilv[lhaik=44eiRmi-vts. 18.22.200 Classification/designation. 18.22.210 Process and requirements for designating habitats of local importance as critical areas. 18.22.220 Sources used for identification. -? _ —£i44 -H ►cl iltia+ Er. > t14 ct 18.22.250 Regulated activities. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 2/100 18.22.265 Habitat i iaoa&men[ plaa}sevaluations— When required. 18.22.270 Protection standards. 18.22.2DD Mitigation sequencing. ! 8.22.2E:F Impact assessment and mitigation. 18.22.280 Conditions. Article VII. Wetlands a 8--�'.-,290 !�te►�:��°�4shi-1�1�e��tH- 18.22.300 Classification/designation. 18.22.310 Regulated activities. 18.22.330 Protection standards. 18.22.350 k4ki tge"Impact assessment and mitigation. Article VIII.-Spei4al-Critical Area Reports 18.22.360 General requirements. 18.22.370 Waivers. 18.22.380 Retaining consultants. 18.22.390 Acceptance of special critical area reports. 18.22.400 Critical Araquifer recharge area reports. 18.221119 Dminage .d @resian ,wal ,i.... 18.22.420 ''n ~Geologically hazardous area reports. i 9.22 410 G..adlo ri1.,., 18.22.440 14ab itat m 11 geMel°' plaflFish and wildlife habitat conservation area reports. 18.22.450 Wetland •'reports. 18.22.41F Critical area stewardship plan reports. 18.22AGG Frequently flooded area reports. 1 , _ ll l! I Right -of entry for mitigation verification. Article IX. Alternative Protection Standards — Critical Area Stewardship Plans (CASPs) 18.22.460 Critical area stewardship plans-( — Generally. 18.22.461 Applicability and limitations. 18.22.4I 1 Implementation. PeKOFFRoneesiaidards. G-iArSP C;t4 tpFl ts Ct..:.+:.n..-.e ndifietit 18.22.465 M.K.1170 18.221190 1 (8.22.510 Main4eoa ee. As -built plan requirement. &-Q 1 .5 18.22.530 Pefiodic4iiiejlr; ;,iilg. Contingency planning. 18.22.540 Failure to submit required reports. 18.22.550 Waiver. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Article X. Implementation Strategies 18.22.570 Conservation futures. 18.22.580 Education. 18.22.590 Best management practices (BMPs). 18.22.600 Cost sharing incentives. 2.r�-10 s-iati ➢ r' lid (;OF t ��f�C�'tlti+tlEiil-r!i'L't 18.22.620 Public benefit rating system. 18.22.630 Residential best management practices (BMPs). 18.22.640 Watershed monitoring. 18.22.650 Adaptive management. Article XI. Watershed Monitoring Article XII. Adaptive Management Article XIII. Agriculture 18.22.6JJ Applicability. 18.226KK Regulated activities. 18.22.6LL Alternative protection standards. 18.22.6MM Coinl2liance benchmarks for critical area protection. Article I. Purpose Page 3/100 18.22.010 Purpose — Generally. The purpose of the Jefferson County critical areas ordinance is to comply with state law, including the Growth Management Act (chapter 36.70A RCW): awl-itnpietnent the goals and policies of the Jefferson County Comprellensive Plan: N -)-comply with the Pla:ining Enabling Act (chapter 36.70 RCW), describe a*thofized methods and procedures established to ensure the functions and values of critical areas are not degraded when allowing approved uses and development activities in the county.Eai�d L};OC[ the P-eneral oublic (including, public resources and laciIities) froin hazardous conditiwis that could result in iniuM, loss of life. andlar property damage. This r gulatio oEb rs l.,.,d,,, ner-s a ..heiee .,f1AY,, meth led - `2' , _ :._. aivas 41 W14GA-�and i r�vt�e s-tn y el ese an -�-}Protcctian ofthe natural environment is addressed by tl�e fnilowin� (1) Providing, for orderly L tined land use in the catulty 1111•0ugh development and use standards that are intended to protect critical area Functions; 2 Protecting the general health safety, and welfare of the general public From po(eiltially hazardous conditions; The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 4/100 (3) Ensuring the rural character of the county and duality of life are maintained by preventing adverse environmental impact Providin,, a balance between the Protection of critical areas and the ri dits of 12rivate property owners for reasonable use of land, (S) Supporting the economic value of resource lands while providing critical area protection: (6) Providing protection through the use of best available science and supporting development through site specific reports prepared by aualifiedprofessionals, (7) Ensuring permit flexibility for land use activities while maintaining critical areas protection, and (8)_ Protectinglimbitats and wildlife _corridors to other habitat types, including tutidt}e, fro +mile, or sensitive areas within the county. Article II. Administrative Provisions 18.22.020 Applicability. ..... ,- red undeF jCC 18.22.490; (I) 'Phis chapter applies to any land use.7w development. or activity undertaken on land located within or containing a critical area or 4s -a critical area buffer in Jefferson Ccxntty :c 0;M1s . The following, live critical areas are regulated under this chapter. (a) critical aduifer recharge areas, b frequently flooded areas: (c)geologically hazardous areas; (d) Iish and wildlife habitat conservation areas: and (e) wetlands. 2 Jefferson County shall not issue any permit or approval to alter a critical area or a critical area buffer without ensuring compliance with this chapter. No development shall be constructed located expanded. altered, or subdivided without full compliance with the terms of this chapter, including but not limited to clearin abrading, site plan approval, sewage disposal, subdivision, bindingsit_e_plan, building ermit, septic permit, planned residential development, shoreline substantial development, variance, conditional use permit.. and rezone. (3) When property contains more than one critical area, the standards and requireniel}ts for each critical area shall be applied. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 51100 19.22. 1Ises. development, and activities in critical areas or their buffers for which no permit or approval is required by any other provision of county code are also subject to the development standards and other requirements of this chapter. [Ord. 3-08 § 1] (5)'I'his cliaptei, al)L it , is all forest practices in wliich Jefferson County has iurisdictioll (such as Class IV general). (6) When any prevision of this chapter is in conflict with any other section of the Jefferson County Code, the provision that provides most protection to the critical area shall apply, except that any critical area occurring within [lie jurisdiction ofthe Shoreline Management Act shall follow the policies and reLlulations in Chapter 18.25 JCC. (7) Compliance with these regulations does not remove an applicant from the obligation to comply with all other applicable federal, state, and/or local regulations. Further, compliance with the provisions of this chapter does not constitute compliance ►with other federal, state, and local regulations and permitting reyuirernents. It is [lie responsibility of the applicant to ensure compliance with all applicable regulations. 8 Any action taken in a critical area or an associated buffer desi Mated by this chapter that is in violation of the standards and conditions contained herein is expressly rohibited. Ord. 3-08 1 (9) Clearin��rag ling without first obtaining al applicable permits, is prohibited in critical areas and associated buffers. This includes altering a critical area or a buffer for future site development prior to receiving all applicable permits. 10 it is the res mnsibi I ity of the applicant to demonstrate that the proposal is_cons istent with the provisions ofthis chapter. 18.22.030 Identification and mapping of critical areas. The approximate location and extent of critical areas within the county are displayed on various inventory maps available through the Jefferson County department of community development. The critical areas maps are provided only as a general guide to alert the viewer to the possible location and extent of critical areas. These maps need not to be relied upon exclusively to establish the existence/absence or boundaries of a critical area, or to establish whether all of the elements necessary to identify an area as a critical area actually exist. Conditions in the field control; in the event of a conflict between the information shown on the maps and information shown as a result of field investigations, the latter shall prevail. To the extent practicable, the county shall ensure that its critical area maps are updated as inventories are completed in compliance with the requirements of the Growth Management Act. [Ord. 3-08 § 1] Jefferson County shall prepare and exhibit dated critical acpuifer recharge area maps, which demonstrate the approximate distribution of the susceptible aquifer recharge areas. special aquifer recharge protection areas,_ or seawater intrusion protection zones. The critical aquifer recharge area maps shall be periodically revised. modified, and updated to reflect additional information._ jOrd. 3-08 § 11 18.22.050 +CeeeFageCrit cal area review proccss. As part of the critical area review, the county shall. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 6/100 (1) 4,he tE3iifTWil +-1N Fand appFeyals shall bestil9jeet to,, a1 f3H {i Coro i -41!, 1110 Fee u,,e,,,e Its 01414x., C31 Hfe plans; buikli­ ­ rmni-`�}}}}iified res dentia1 use ,ir• awh t;a St!-cic-., ellcz T " ll 45 lCla Il !'1.. IN �— Pfopeftj- AF}I-H+eFe4ha"Ae eritecrocivazI aFea bumf p. the sin.1dai-ds that pertain to a 1, Goiiqeal 01 -ea shall apply. Wlieli PI-evisions ofthis section eonffiet witli one another-, or- wken flit, .,..:t eAl ., Shall t,.1..1., NO pe 1if : ,.IVI� ., ., tl. te,., 1...1 n��,=.,-t:t:Ci7't"i�ra shall be a oye .,ri 4x&4-6 de nt.e 1.1 compliance ,. 4h this Evaluate the proiect area and immediate vicinity icI determine if critical areas or critical area buffers have the potential to be affected by the proposal. /ttilehis Review the submittal and verify the accuracy of the information submitted. (3) If proposal has the potential to occur within a critical area or a buffer, the county shall: (a) Require the applicant to submit a critical area report prepared by a qualified professional bused on the report requirements of this chapter and review the submittal for compliance with reart requirements; (b) Evaluate the report to determine if all potential impacts to the critical area or buffer have been addressed in the critical area repoil, (c) Review the proposal for compliance with mitigation sequencing requirements (as defined in JCC 18.10.130) and determine if the mitigation plan sufficiently addresses the potential impacts-, and (d) Ensure that the submittal for critical areas is consistent with other documents submitted as part of the application and that the submittal is consistent with the requirements for a complete application in Chapter 18.40 JCC. 18.22.070 General exemptions. The F, low4tg,The activities ill M66B! ffeaS OFflie-F l3kitf listed below are exempt from the requirements of this chapter, assunling the proposed activity complies with all provisions of' tl'le exemption. The administrator has the authority: U to request information from an applicant tts ensure compliance with exemption requirements, (2) to determine whether or not an application meets the exemptions listed below; and (3) to take enforcement action for any use, developnient, or activity undertaken that does not meet exemption requirements. It is the responsibility of the applicant to provide sufr'icient information for the administrator to determine that one of the followingexemptions to be used: ,Existing and Can -going Agriculture. Existing and onaoittg agriculturet_€ts defined in JCC 18.10.010, may continue in substantively the same manner; provided, the activity does not result in adverse impacts to a critical area or a buffer. This exemption shall include maintenai3ce and repair of lawfully established structures, infrastructure, drainage and irrigation The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 7/100 ditches, and farm ponds; provided, -maintenance work does not expand further into a critical area or a critical area buffer. This exemption does not include: new agriculture; agricultural activities that have ceased for five or more continuous years (except those lands in a federally -recognized conservation program); or any increased expansion, alteration, or intensification of an existin .agricultural activity or cisting land area. (2) 1-orest Practices Act. Forest practices regulated and conducted in accordance with the provisions of Chapter 76.09 RCW and forest practice regulations, WAC Title 222, and which are exempt from Jefferson County jurisdiction. (3) Maintenance—'I`tansportation and Utilities. Maintenance or reconstruction of existing public or private roads, paths, bicycle ways, trails, bridges, and utility linesa+ld associated storm di -a 6 nage lae-+litie� when undertaken pursuant to best management practices to minimize impacts to critical areas and to immediately restore any disturbed critical area or its buffer; provided, that reconstruction does not involve expansion of facilities. (4) Maintenance — f3rai_nage. Maintenance and repair of existing drainage facilities or systems and flood control structures, including, but not limited to, ditches that do not meet the criteria for being considered a fish and wildlife habitat conservation area, culverts, catch basins, levees, reservoirs, and outfalls when undertaken pursuant to best management practices to minimize impacts to critical areas and immediately to restore any disturbed critical area or its buffer. he -11k -e (65) Maintenance — Structures, This exemption is limited to Rreconstruction, remodeling, or maintenance of existing structures- within the footprint ol'an existing lawfully established structure in which work Areas are minimized to_the extent _nossible, work areas are restored to Previous conditions as soon as construction is complete. —and ng areas are located outside of all critical areas and critical area buffers. This exemption shall not apply asseeiated wit'i a geological fiai--ar olds aiva if the activity creates or conlinttes a Circumstance where p.ersoLiyjl or.groperty damage is likely due to conditions of the critical area and does not a or if there is further intrusion into a geologically hazardous area wetland, frequently flood area, or fish and wildlife habitat conservation area and/or their buffers. (70) Site +nveslii�ative-Itivesti ate- live_ I�Work. Site investigative work necessary for land use application submittals, including but not limited to surveys, soil logs, and percolation tests involving no fill or use of heavy equipment in a wetland, or a fish and wildlife habitat conservation area or their buffers; provided, that disturbed critical areas and their buffers are immediately restored and best management practices are implemented and excavation for soil logs or percolation tests are filled. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 8/100 (87) Emergency aetie+}Action. Action that is taken which is necessary to resolve or prevent imminent threat or danger to public health or safety, or to public or private property, or serious environmental degradation, assuming, all reasonable treasures are implemented to ensure that the emergency action will have the least possible impact on any critical area or buffer. If the nature of the emergency is such that it is not possible to first seek review, the department, as well as any federal or state agencies with jurisdiction (e.g., the U.S. Army Corps of Engineers), must be notified of the action within 39-deysone working day_ of the initiation of the emergency work. ,Any person or aactK. undertaking e_mei•gency_work using this exemption must submit a complete application to department of communit development evelopment for review and approval within 30 des of abatement of the emeruncy, and the 'alter -the -tact' application Must show compliance with all requirements of this chapter. Any impacts to critical areas or buffers that are not nitipated �vithin_one year of issuance of an 'after-the-tact'perniit shall be in violation of this emergLency excniPtion and m_a_, by _e_subject to enforcement actions by department of community development. (19D Artificial we Is Wetlands and a eia4-Artificial.f Ponds, assuming the artificial wetland or pond does not meet the definition of wetland or fish and wildlife habitat conservation area and that the artificial wetland or pond was not historically constructed from a wetland or fish and wildlife habitat conservation area (without receivinu all applicable permits to modify the critical areal. and fhe 1:i. es....3tie"ere c_reaied ..... eve ,,,.ped n PaF1 i FIOiFrAHR1 11144 e -E* -o ..., N'!,�.ao- '11181 1iiia akeh-at'ieli"vi ai,�c (449) Irrigation. Operation, maintenance and repair of ditches, reservoirs, ponds and other structures and facilities that do not meet the criteria ror beim; designated a fish and wildlife habitat conservation area. (-P210) Low Impact, Passive Recreation. Examples include, but arc not limited to, such krecreational uses: as swimming, baa4ing canoeinWkayakhig, find- fiShi„1, M ailiteRRO168 Mid .. i ,., 4_ 47,k l-pr*wk4txl--that the ., sW-ae4-ke 4--rr' FeVil-eatiORM paFpases aiid do nat ins,alye alteraiioii-in--car—'C.'c'+z°ir.`'i't7iieCiO4 gl4, QYe;c�, }Iftteki •". nhtFieF oklldow-aet"iesr' ti tldhig-hunting and fishing (pursuant to state law), bird watching, hiking, and bicycling. (+411) Existing resideMial Residential Landsca in,. Planting, irrigating, fe-tilizitig, -1 mowing, aux# pruning, and maintenance and repair of structures when such activities are part of existing normal residential landscaping activities and no building permit is required. This exemption does not allow further intrusion into a wetland, fish and wildlife habitat conservation area, Ifeg=1111y-flooded area, geologically hazardous area or their buffers, nor does it alio%v further intrusion of non-native species into the buffer. �ti�.neenrner�rrssn ns��a�sr�xn�h .�ti�� in The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 9/100 (4-512) Noxious Weed Control. Removal or destmestion eradication of noxious weeds listed in Chapter 16- 750 WAC. Such activity is the responsibility of the landowner; provided, that the following conditions are met: (a) The removal or control of noxious weeds shall follow guidelines issued by the Jefferson County noxious weed control board. The Jefferson County noxious weed control board shall coordinate with the department of planning and community development for the control of noxious weeds in wetlands. (b) All herbicide applications in aquatic environments shall conform to the rules of the Department of Ecology, Department of Agriculture and Department of Natural Resources, pursuant to Chapters 173- 201, 16-228, and 222-38 WAC. (4-613) l Iarvescing.The harvesting of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvesting does not require tilling soil, planting crops, or changing existing topography, water conditions, or water sources and provided these activities do not have any adverse impacts on protection of the critical area or its buffer. (4-714) Planting, Native Vegetation. The enhancement of a buffer by planting iiidigeoetpi-native vegetation. (4.91D New Trails. The construction of unpaved, non-moiorized trails when located in the outer 25°x'0 of a wetland or a fish and wildlife habitat conservation area buffer areas a�a—1-1 III .at i.3nds, ° " ^"are not intended iGF ^ ^tAFiAed use, e, and w4iek-are no wider than five feet„ unless ,.This exemption shall not apply within a frequently flooded area, where development must follow FEMA requirements, or N�,ithin a geoiogically harardouS area buffer ir[lie trail will be For public use. (4446 Navigation. Installation of navigation aids and boundary markers. (20) gFilli fig -digging and niall.ileiiiii)L•e-Of-l*ei4,-Pfo'itted. that ; acis_t.o critieal ai`citarvnand -iheii (2417) Adniinistnitor Decision. The administrator may determine that an activity is closely allied or similar to any activity in this list. If such an activity does not impact the functions and values of any critical area or its buffers, it may also be determined to be exempt. [Ord. 3-08 § 1] 18.22.080 Nonconforming uses and structures. (1) Any legal use or legal structure in existence on the effective date of the ordinance codified in this chapter that does not meet the ctritic�l_ re -,s. of buffer requirements of this chapter for any designated critical area shall be considered a legal nonconforming use. (2) Any use or structure for which an application has vested or for which a permit has been obtained prior to the effective date of the ordinance codified in this chapter, that does not meet the buffer requirements of this chapter for any designated critical area, shall be considered a legal nonconforming use. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 10/100 (3) A legal nonconforming use or structure may be maintained or repaired 1.4tho .*allowed by this chapter and the nonconforming provisions ofJC'(".1.8.20.260 so long as the use or development does not increase a lawfully established footprint. (4) A legal nonconforming use or structure that has been damaged or destroyed by fire or other calamity may be restored to a lawfully established prior condition and its immediately previous use may be resumed-in accordance with nonconforming provisions of JCC 18.20.260. [Ord. 3-08 § 1] 5 Nonconforinina uses and structures in critical areas that are under the 'urisdiction of the Shoreline Management Act shall follow the nonconformingprovisions of Chapter 18.25 JCC. 18.22.090 Reasonable economic use variance. (1) Generally. If the administrator determines that application of this chapter would deny all reasonable economic use of the property, the applicant. t •...OR d011ial 01'R PeH'Ail dile tO the of tkis chapter, may apply for a reasonable economic use variance. (2) Staff Recommendation and Burden of Proof. Upon application to the department, the department shall prepare a recommendation to the hearing examiner. The property owner and/or applicant for a reasonable economic use variance shall bear the burden of proving that the property is deprived of all reasonable economic use. (3) Hearing Examiner Process. The hearing examiner shall conduct a public hearing on the variance request. Decisions of the hearing examiner shall be final and conclusive. Public notice shall be provided as follows: (a) The department shall arrange for at least one publication of the notice of hearing to appear in a newspaper of general circulation within the county at least 10 days before the hearing. Payment of all publication fees shall be the responsibility of the applicant. (b) The department shall send notice to adjacent property owners advising them of the hearing. The notice shall be mailed to the owners of record of all property lying within 300 feet of the property at issue, at least 10 days before the public hearing. Names and addresses of adjacent property owners shall be provided to the department by the applicant, subject to department approval. (c) The department shall provide the applicant with at least two copies of the hearing notice, and one copy of an affidavit of posting. The applicant shall post the notices and maintain them in place for at least 10 days prior to the hearing, not including the day of posting or the day of the hearing. The notices shall be placed in conspicuous locations on or near the property and shall be removed by the applicant after the hearing. Notices shall be mounted on easily visible boards provided by the department. The affidavit of posting shall be signed, notarized, and returned to the department at least 10 days prior to the hearing. (d) All hearing notices shall include a legal description of the property involved, and a concise description of the variance requested in lay language. (4) Hearing Examiner — Required Findings. A reasonable economic use variance may be granted only when the hearing examiner finds that the application meets all of the following criteria: The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 11/100 (a) No reasonable economic use with less impact on the critical area or its buffer is possible. (b) There is no feasible on-site alternative to the proposed activities that would allow a reasonable economic use with less adverse impacts to critical areas or associated buffers. Feasible on-site alternatives shall include, but are not limited to: (i) Reduction in density, scope, scale or intensity; (ii) Phasing of project implementation; (iii) Change in timing of activities; and (iv) Revision of road or parcel layout or related site planning considerations. (c) The proposed variance will result in the minimum feasible alteration or impairment to the critical area functional characteristics and existing contours, vegetation, fish and wildlife resources, and hydrological conditions. (d) Disturbance of critical areas has been minimized by locating any necessary alteration in critical area buffers to the minimum extent possible. (e) The proposed variance will not cause degradation to surface or groundwater quality. (f) The proposed variance complies with all federal, state and local statutory and common law, including the Endangered Species Act, and statutory laws related to sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal, and common law relating to property and nuisance. (g) There will be no material damage to nearby public or private property and no material threat to the health or safety of people on or off the property. (h) The inability to derive reasonable economic use of the property is not the result of actions by the applicant in segregating or dividing the property and creating the undevelopable condition after the effective date of the regulations codified in this chapter. (5) Conditions. (a) In granting approval for reasonable economic use variances, the hearing examiner may require mitigating conditions. (b) In granting approval for reasonable economic use variances involving designated wetlands or fish and wildlife habitat conservation areas, the hearing examiner shall consider the following mitigating conditions: (i) Provision of a mitigation plan demonstrating how the applicant intends to substantially restore the site to predevelopment conditions following project completion; and (ii) The restoration, creation or enhancement of wetlands or fish and wildlife habitat conservation areas and their buffers in order to offset the impacts resulting from the applicant's The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 12/100 actions; the overall goal of any restoration, creation or enhancement project shall be no net loss of wetlands function and acreage. (6) Performance Bond. The administrator may require a performance bond of 120 percent of the cost of the outstanding work items to be accomplished. [Ord. 3-08 § 1] 18.22.095 Physical separation — Functional isolation. Buffer areas which are both physically separated and functionally isolated from a critical area and do not protect the critical area from adverse impacts shall be excluded from buffers otherwise required by this chapter. Functional isolation can occur due to existing public roads, structures, vertical separating, or any other relevant physical characteristic. Functional isolation shall be limited to wetland buffers and fish and wildlife habitat conservation area buffers only. Functional isolation shall not be used in P-eoloEically hazardous areas buffers, and is not aoolicable to critical aquifer recharge areas or freauentiv flooded arena. The administrator may require a biological site assessment to determine whether the buffer is functionally isolated. [Ord. 3-08 § 1] Article III. Critical Aquifer Recharge Areas 18.22.100 Classification/designation. Critical aquifer recharge areas are areas rYilh a critical recharging effect on aquifers used for potable wa_tea., including areas where an aquifer that is a source of drinking water is vulnerable to contarni.nation that would affect the potability of the water, or is susceptible to reduced recharge. The critical areas aquifer recharge area ma s shall be periodically revised modified and updated to reflect additional information. Critical aquifer recharge areas are naturally susceptible due to the existence of permeable soils or a seawater wedge in coastline aquifers. Certain overlying land uses can lead to water quality and/or quantity degradation. The following classifications define critical aquifer recharge areas: (1) Susceptible aquifer recharge areas are those with geologic and hydrologic conditions that promote rapid infiltration of recharge waters to groundwater aquifers. For the purposes of this article, unless otherwise determined by preparation of an aquifer recharge area report authorized under this article, the following geologic units, as identified from available State of Washington Department of Natural Resources geologic mapping, define susceptible aquifer recharge areas for east Jefferson County: (a) Alluvial fans (Ha); (b) Artificial fill (Hx); (c) Beach sand and gravel (Hb); (d) Dune sand (Hd); (e) Floodplain alluvium (Hf); (f) Vashon recessional outwash in deltas and alluvial fans (Vrd); (g) Vashon recessional outwash in melt water channels (Vro); The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 13/100 (h) Vashon ice contact stratified drift (Vi); (i) Vashon ablation till (Vat); 0) Vashon advance outwash (Vao); (k) Whidbey formation (Pw); and (1) Pre-Vashon stratified drift (Py). (d rel i nsewePed . side i at aeyei..h.r*at wit!a-+'e` 32) Special aquifer recharge protection areas include: (a) Sole -source aquifers designated by the U.S. Environmental Protection Agency in accordance with the Safe Drinking Water Act of 1974 (Public Law 93-523). such as Marrowstoile ]slated; (b) Special protection areas designated by the Washington Department of Ecology under Chapter 173-200 WAC; (c) Wellhead protection areas determined in accordance with delineation methodologies specified by the Washington Department of Health under authority of Chapter 246-290 WAC; (d) Groundwater management areas designated by the Washington Department of Ecology in cooperation with local government under Chapter 173-100 WAC. ( i 5) Seawater intrusion protection zones (SIPZ) are aquifers and land overlying aquifers with some degree of vulnerability to seawater intrusion. SIPZ are defined either by proximity to marine shoreline or by proximity to groundwater sources that have demonstrated high chloride readings. All islands and land area within one-quarter mile of marine shorelines and associated aquifers together compose the coastal SIPZ. Additionally, areas within 1,000 feet of a groundwater source with a history of chloride analyses above 100 milligrams per liter (mg/L) are categorized as either at risk (between 100 mg/L and 200 mg/L) or high risk (over 200 mg/L) SIPZ. Existing individual groundwater sources with a history of chloride The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 14/100 analyses above 200 mg/L shall be considered a high risk area for development proposed under this code. sea sak water whies New groundwater sotirces proposed its part of future development are among the "sources or potential sources of contamination" listed in WAC 173-160-171, implementing code for the Water Well Construction Act. Intrusion is a condition in wn1Cn the sallwater/treShwater lntertace in an dgti ter inoves Inland so tttat 14ells drilled on up.Eand areas c�- n>�b aiCaM adr 11itional treatment and cost. Maintain nu a stable balance in the saltwater/freshwater interface is pr�Al;tCioiiy it is imarily-ffir and_tlle rate_of grocmdrrrater withdrawats.(pri.ntarily through welisl. {a}In some cases, high chloride readings may be indicative of connate seawater (i.e., relic seawater in aquifers as opposed to active seawater intrusion). When best available science or a hydrogeologic assessment demonstrate that high chloride readings in a particular area are due to connate seawater, the area in question shall not be considered an at risk or high risk SIPZ. When the status of an area is in question, the UDC administrator is responsible for making the determination based upon recommendation from Jefretson County [Ord. 3-08 § 1 ] 18.22.110 De%dgF1flti6W — i• r b t.i of the ,tihle aqi 1ifeF feelifte aFeR5}c kK- tfeF Feeh K*ee+i0R 18.22.120 Applicability. (1) High Impact Land Uses. The following land use activities are considered high impact land uses due to the probability and/or potential magnitude of their adverse effects on groundwater and shall be prohibited in areas that are classified as both a susceptible aquifer recharge areas and a special aquifer recharge protection areas. In all e ier aFeas of the eetimy o iside ^ureas classified solely as a susceptible aquifer recharge areas and -or a special aquifer recharge protection areas, -_these activities shall require an aquifer recharge area report pursuant to this article: (a) Chemical manufacturing and reprocessing; (b) Creosote/asphalt manufacturing or treatment (except that asphalt batch plants may be permitted in susceptible aquifer recharge areas only if such areas lie outside of special aquifer recharge protection areas and only if best management practices are implemented pursuant to JCC 18.20.240 (2)(h)(iv) and 18.30.170 and an accepted aquifer recharge area report); (c) Electroplating and metal coating activities; (d) Hazardous Wa4e-substance treatment, storage and disposal facilities; (e) Petroleum product refinement and reprocessing; The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 15/100 (f) Storage tanks for petroleum products or other hazardous substances. dis Elilallii}1-Htit--(;( tl)" rel -lilt{ (g) Recycling facilities as defined in this code; (h) Solid waste landfills; (i) Waste piles as defined in Chapter 173-304 WAC; 0) Wood and wood products preserving; (k) Storage and primary electrical battery processing and reprocessing. (2) Ad! other I d kjses shall 1 !' ! i the pr-eteetinam standard. .tamed i.i this Heel. aFid ...43gati .Ocher Land Uses. The following land use activities in a critical aquifer recharge area are subject to the provisions of the protection standards in this article: (a) -All industrial Iamd uses., (b), All coin mercial use -s; The followin EtlCsl residenA uses: Those using a coinmunity sewage sy-stem•�x (S:lU/lrh., nFtse e tiSes thnf . wlcl PAP e n ... nt:,. deen't��..,+1 Those using a large on-site sewage system; or (iii) All planned rural residential developments; or (iv) Any conditional use application or discretionary use application (including nonconlortnittg uses that would otherwise requu•e a conditional use application or a discretionary use application). (3) Seawater Intrusion Protection Zones. FEW �p � New development, redevelopment, and land use activities on islands and in close proximity to marine shorelines in particular should be developed in such a manner to maximize aquifer recharge and maintain the saltwater/freshwater balance to the maximum extent possible. and subject to the anlidegt•adation policy in accordance with WAC 173-200-030. [Ord. 4-10 § 1 (Exh. B); Ord. 3-08 § 1] The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 16/100 18.22.130 Protection standards. (1) General. The following protection standards shall apply to land use activities -,provided, the activity is not prohibited in JCC 18.22.120above.e+r�t+st ��tilile arytri #�+�;e a :�tif1 spec"�' �u4er- ffotec44en erre' M1 and when speeiAed in seawaw Wt,tvsieii ' Ale s mitigaii ,dki s lia a beeli a! lids beell aoie-1e. (2) Stormwater Disposal. (a) 1-14 911CrilieH? �fiqkdPff fee ffge aFea-, SStormwater runoff shall be controlled and treated in accordance with best management practices and facility design standards as identified and defined in the Stormwater Management Manual for+ht-ilIIg ,o iii�'„d RasiFtWnlern, Wasliington_(2014 , or as amended, and the stormwater provisions contained in Chapter 18.30 JCC. (b) To help prevent seawater from intruding landward into underground aquifers, all new development activity on Marrowstone Island,, r� and within one-quarter mile of any marine shoreline shall be required to infiltrate all stormwater runoff on site. exec i for diose areas within the fort Ludlow Drainage District. The administrator will consider requests for exceptions to this policy on a case-by-case basis. This provision is interpreted as establishing a hierarchy in which the first and best alternative is on-site infiltration using drywells or other methods; the second best alternative is direct discharge into marine waters through a stormwater tightline. In order to utilize the least preferred alternative, which is considered an exception to the policy, applicants must demonstrate through a geotechnical or similar report prepared by a licensed professional that both on- site infiltration and upland off-site disposal are not practicable or feasible. The report must include cost figures for comparison. (3) On -Site Sewage Disposal. (a) All land uses identified in JCC 18.22.120 an4-that are within areas classified as both a special aquifer recharge protection areas that aro also elassified as and a susceptible aquifer recharge areas (as defined in this ai4iole) shall be desigiiated~amasofspeeial eenEerrpas:suaw to WAC Tifle 2,16 meet minimum land area and best management practices (l3MPs) for nitrogen removal as desiv arameters necessary for the protection of public health and grOLItidwater quality. 13MPs for the: reduction of nitrogen shall comply with JCC 18.30.180. (i) 1 desiz,nmion sha1J ; 1,.,e.4..., ,,-1d Kea and best management .. ae4iees Fes. iiH hM1 groundwater alit„ Lii1._Res! . _.,,.i.iagwnew pFaetiees (9N4[i-.,Y-jka4 h...:.3...,t.ed 1,,..,»t:,.., (b) As new information becomes available that would classify an area as a special aquifer recharge protection area or an area orspePial. eeneemas designated ted by the health officer under this article or under the Jefferson County Sewage Management Plait, said area may be designated as such by the county. Any additional areas of-spec-ial--c-+)neen I designated through this process shall receive the same protections identified in subsection (3)(a) of this section. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 17/100 (4) Golf Courses and Other Turf Cultivation. 1n A • ..,t_, a'`_F v_=`:.:Fg_ ,wolf courses shall be developed and operated in a manner consistent with the most current edition of "Best Management Practices for Golf Course Development and Operation," King County department of development and environmental services. Recreational and institutional facilities (e.g., parks and schools) with extensive areas of cultivated turf shall be operated in a manner consistent with portions of the aforementioned best management practices pertaining to fertilizer and pesticide use, storage, and disposal. In seawater intrusion protection zones, golf courses and other turf cultivation using groundwater for irrigation shall be prohibited, unless the water source is located outside of seawater intrusion protection zones or in an approved public water supply. (5) Above -Ground Storage and Underground Storage Tanks. Above -ground and underground storage tanks shall be fabricated, constructed, installed, used and operated in a manner which prevents the release of hazardous substances to the ground or groundwater and be consistent with the Department of Ecology's standards for construction and installation under Chapter 173-360 WAC. Above -ground storage tanks intended to hold or store hazardous substances shall be provided with an impervious containment area, equivalent to or greater than 100 percent of the tank volume, enclosing and underlying the tank; or ensure that other measures are undertaken as prescribed by the Uniform Fire Code which provide an equivalent measure of protection. Underground storage tanks intended to store hazardous substances shall provide an impervious tertiary containment area underlying the tanks or ensure that other measures are undertaken which provide an equivalent measure of protection.p€irieti►stal I�+c di eii {� 5Hd�t Epi i e7Refer to .ICC 8.10.305(6)_ a iv . (6) Mining and Quarrying. Mining and quarrying performance standards containing groundwater protection best management practices pertaining to operation, closure, and the operation of gravel screening, gravel crushing, cement concrete batch plants, and asphalt concrete batch plants, where allowed, are contained in Chapters 18.20 and 18.30 JCC. (7) Hazardous Materials. Land use activities that generate hazardous wastesubstances, which are not prohibited outright under this code, and which are conditionally exempt from regulation by the Washington Department of Ecology under WAC 173-303-100, or which use, store, or handle hazardous substances, shall be required to prepare and submit a hazardous materials management plan that demonstrates that the development will not have an adverse impact on groundwater quality. The facility owner must update the hazardous materials management plan annually. Refer to .K V 8.1 {1.3115{,)}- (G1, and (7) for specific details as to the waste stream. (8) Well Drilling, Land Division, and Building Permits in Seawater Intrusion Protection Zones. (a) Well Drilling. The Washington State Department of Ecology regulates well drilling pursuant to the Water Well Construction Act. Proposed wells, including those exempt from permitting requirements, must be sited at least 100 feet from "known or potential sources of contamination," which include "sea -salt water intrusion areas" (WAC 178-160-171), unless a variance is obtained from Ecology per WAC 173-160-106. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 18/100 (b) Subdivisions. Applications for land division (Chapter 18.35 JCC) in coastal. at risk. rind high risk SIPZ must include specific and conclusive proof of adequate supplies of potable water through a qualifying hydrogeologic assessment (relevant components of an aquifer recharge area report per JCC 18.22.400) that demonstrates that the creation of new lots and corresponding use of water will not impact the subject aquifer such that water quality is degraded by seawater intrusion. A hydrWolopic report assessment shall not be required when the applicant demonstrates that Public water is available. (i) Marrowstone Island Subdivision Mormet:4+�ni. Due to documented seawater intrusion on Marrowstone Island and the existence of undeveloped lots of record, Jefferson County has is pose -a ori rateriaia�-t ri ad�#i i �r�al !Hold cli isi s envie-i d -+m ii-staeh t"e-a5 publi will only allow land division on the island i!' public water connections are provided to each lot and all existing wells are decommissioned. No permit shall be approved if a public water connection to each lot cannot be provided. (c) Building Permits. (i) Evidence of potable water may be an individual well, connection to a public water system, or an alternative system. Whatever method is selected, the regulatory and operational standards for that method must be met, including Jefferson County health codes and the Washington Administrative Code. Pursuant to Section 4 of the State "Guidelines for Determining Water Availability for New Buildings" (Ecology Publication No. 93-27, oras amended), investigation and identification of well interference problems and impairment to senior rights is the responsibility of the Washington Department of Ecology. If the possibility of a problem is suspected, the local permitting authority should contact Ecology. as per RC W 19.27.097. (ii) All types of building permits that require proof of potable water use, as per RCW 19.27-097, are subject to this po 4eyaxticle., flw6 €4 new single 1;afnily r sidea^eP B,ba r off. _'.a�.. .ith . _.. _., _ (d) Voluntary and mandatory measures of the Jefferson County seawater intrusion policy apply to development applications within the coastal, at risk, and high risk SIPZ, and upon Marrowstone Island, in the following manner, in addition to all existing applicable health codes: (i) Coastal SIPZ. (A) Voluntary Actions. (I) Water conservation measures; (II) Ongoing well monitoring for chloride concentration; (III) Submittal of data to county. (B) Mandatory Actions. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 19/100 (I) For proof of potable water on a building permit application, applicant must utilize DOH -approved public water system if available; (1I) If public water is unavailable, meaning the subject property is not within a current writer service area. an individual well may be used as proof of potable water subject to the following requirements: 1. Chloride concentration of a laboratory -certified well water sample submitted with building permit application; 2. Installation of source -totalizing meter (flow). (III) If public water is unavailable, a qualifying alternative system may be used as proof of potable water. (ii) At Risk SIPZ. (A) Voluntary Actions. (1) Water conservation measures. (B) Mandatory Actions. (I) For proof of potable water on a building permit application, applicant must utilize DOH -approved public water system if available; (1I) If public water is unavailable, siieanilW thz�_eci properly_i% T-iol ��_i_I-hi_n 1 current an individual well may be used as proof of potable water subject to the following requirements: 1. Chloride concentration of a laboratory -certified well water sample submitted with building permit application; :. 2. Installation of a source -totalizing meter (flow); and 3. Ongoing well monitoring for chloride concentration; : i i 0 4. Submittal of flow and chloride data to the county per monitoring program; (111) If public water is unavailable, a qualifying alternative system may be used as proof of potable water. (iii) High Risk SIPZ. (A) Mandatory Actions. (1) Water conservation measures (per list maintained by UDC administrator); (I1) For proof of potable water on a building permit application, applicant must utilize DOH -approved public water system if available; The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 20/100 (III) If public water is unavailable, meaning the subjecl property is not within a Current water service area. an individual well may only be used as proof of potable water subject to the following requirements: 1. Variance from WAC Title 173 standards granted by Ecology per WAC 173-160-106 for a new groundwater well within 100 feet of a sea -salt water intrusion area per WAC 173-160-171 (i.e., within 100 feet of a groundwater source showing chloride concentrations above 200 mg/L or within 100 feet of the marine shoreline) and with the subnaitta[ of a hvdrogeolUgts of an agnifer recharge area report per JCC 18.22.400); or 2. #Tor an existing groundwater well not subject to an Ecology variance, applicant must provide a hydrogeologic assessment (relevant components of an aquifer recharge area report per JCC 18.22.400), which shall be transmitted to Ecology for review, demonstrating that use of the well does not cause any detrimental interference with existing water rights and is not detrimental to the public interest; and 23. Chloride concentration of a laboratory -certified well water sample submitted with building permit application;_- , If chloride concentration exceeds 250 mg/L in a water sample submitted for a building permit, then the property owner shall be required to record a restrictive covenant that indicates a chloride reading exceeded the U.S. Environmental Protection Agency secondary standard (250 mg/L) under the National Secondary Drinking Water Regulations; and Installation of a source -totalizing meter flow; ;u Ongoing well monitoring for chloride concentration; :n Submittal of flow and chloride data to the county per monitoring program; (IV) If public water is unavailable, a qualifying alternative system may be used as proof of potable water. (iv) Marrowstone Island. FSince Marrowstone Island is a sole source aquifer and a high risk S1PZ, and the island is served by nub] ie water, proof of potable water connection to the public water supply will be required (as per a Washington State Department of Ecology letter to Jefferson County public health dated February 27, 2018, or as ame�adedl.+�-a i+iie 4bllewiiig iiieaqwes apply to all development ., A1n Bil M 46fle 6IR d .4. r+1c A) Voluntary A ,bons �1,��,-Op-f.\1-.L �Li tw u�al.1]�-u..asLisa:aYlLu. •; 4.-.i1.. r: , Cl'7'C10 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 21/100 (B) Mandator-y Actions. !14 1.. ll.,r:.,., ..c t:,...p„.. •...... ��1, itl. t,l! to low demand * ffogrum erl i c4m.�1�.,,., ..4..:1. .1-„ ,: IL f 43 OW and .1116Fide data as deie«,nined by ilw (1.1) 1 i1sial let:.,.-, of •0r0' (4r4, r1„„,,,,tallmiensfa Yareabla ed pump, '-1 Nom' 1 £. ' d 1.. 7 \'."I'�'-�Yt�7t'[�t -��^lillt-7�1�'�Y��'�T�^CT�'G1^CO"^Gl� Ie Fedueiie ,_ef,s,khdFa,..al rate, as may be n rti1 (IV) 1.1..tall 4:,, ..c - I ._000 gallon Minimum Standard 6 1. (9) Mitigating Conditions. The administrator may require additional mitigating conditions, as needed, to provide protection to all critical aquifer recharge areas to ensure that the subject land or water use action will not pose a risk of significant adverse groundwater quality impacts. The determination of significant adverse groundwater quality impacts will be based on the anti -degradation policy included in Chapter 173-200 WAC. (10). Q,rilcene-Snow Water Resource Inventory Area (WRIA 17) In -stream Flow Rule. All applications re uired to provide proof of potable water or source water approval stealI meet all county and state requirements including WR1A 17 In -stream Flow Rule Chapter 173-517 WAC at the time of application. All app] icat ioiis involvirig water use shall be reviewed b .1effersoll County Ublic I]ealtll for cornllance witl7 county and state requirements. (1 10) Authority for Denial. In all critical aquifer recharge areas, the administrator may deny approval if the protection standards contained herein or added mitigating conditions cannot prevent significant adverse groundwater quality impacts. [Ord. 4-10 § 1 (Exh. B); Ord. 3-08 § 1] 18.22.135 Adaptive management. As part of the periodic review and amendment to Jefferson County's implementing regulations required under RCW 36.70A.130(4), Jefferson County shall review the need for and implement an adaptive management program for groundwater resources in certain discrete geographic areas of the county, consistent with the provisions of WAC 365-195-920(2). [Ord. 3-08 § 1] Article IV. Frequently Flooded Areas 18.22.1AA Classification/designation. Frequently flooded areas are lands in the floodplain subiect to at least a one percent or areater chance of flooding in any given ,year, or within areas subject to flooding due to high groundwater. These areas include, but are not Iimited to, streams, rivers, lakes. coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface. Frequently flooded areas perform important hydrologic The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 22/100 functions and may present a risk to persons and property. I" lood hazard areas are depicted on the Feder i I Emergency Management Agency's Federal Insurance Rate Maps (FIRMs)_, 18.22.11313 Applicability. These standards apply to any development within freguently flooded areas. unless the proposed activity meets any of the exemption listed in Chanter 15.15 .FCC. For purposes of this article, development is defined as any man-made change to improved or Unimproved real estate including but not limited to buildings or other structures, mining, dredging,�filling. grading, paving, excavation or drilling operations, stow a of egui men[ or materials, subdivision of land, removal of more than five percent of tine native vegetation on the propet'iy, or alteration of natural site characteristics. 18.22.140 Incorporation by reference. This article incorporates by reference the classification, designation and protection provisions contained in the Jefferson Countyk+t7e lie iF� 1 ia�i3i it H{flood damage nrevc ration ordinance (Chapter 15.15 JCC) with the following addition: 4 (1) In to tThe F1RMs identified in the €leadplt#-4iaan;ige o4tllooc! damage prevention ordinance (Chapter 15.15 JCC); shall be used to determine flood hazard areas shame '^ ^} '•s, -,e for comhlianc:e with the Federal Emergency Management Agency (FEMA) 100 yeaF floodplain desi regulatory requirements. Such flood hazard areas shall be subject to the criteria of the 4"dplaiii ,,.aRagementflood damaI�e prevention ordinance. (2) The Poodplai, mign,gemewflood dainaage prevention ordinance conforms with the intent of the minimum guidelines (WAC 365-190-080(3).! I e!) through directly considering the effects of flooding on human health and safety, together with effects on public facilities and services, through its protection standards. [Ord. 3-08 § 1] (3) Development proposed within the regulated floodplain shall comply with the FEMA Biological Opinion. The applicant shall submit a habitat assessment prepared by a qualified biolo istg to the department of community development for review. The submittal shall be based on the 2013 FEMA Region 10 guidance document entitled Mo2dplctin Habiw rlssc sment and ellii gaiion, Regionyl Cildclance for Me Pg of Soloul Basin or asamended by FEMA). The administrator may request federal assistance in reviewin, the submitted habitat assessment. The administrator may waive the requirement to submit a habitat assessment if: a The eniire proposal meets one of the exemptions listed in Cha ter 15.15 JCC,• or QW -The -proposal requires a federal permit that is reviewed by federalagencies responsible for ensurin=corn liance with the Endangered S ecies Act this could include but is not limited to project actions covered by separate consultation [Ender Section 4(d), 7 Qr-1 0 of'the Endangered Species Act); or (c)_A_habitat assess men I has been previously prepared and the proposed project clearly lits within the nature and scope of that assessment. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 23/100 (4) In the event that FEMA approves an alternate process for Jefferson County to demonstrate compliance with the Biological Opinion (such its a programmatic review), -this department inay waive-the_requirenient to submit a Habitat Assessment. 18.22.150 Relationship to other regulations. While the Jefferson County floodplain management ordinance requires consistency with all other applicable laws, in the event that a conflict should exist the stricter standard shall apply to the regulated development. [Ord. 3-08 § 1 ] Article V. Geologically Hazardous Areas 18.22.160 Classification/designation. l,,ndslode and seis..,m., lie Ar 7 Geologically hazardous areas are areas that because of their susceptibility to erosion, slidin& earthquake, or other geological events, are not suited to siting commercial, residential. or industrial development consistent with public health or safety concern-. (?-1) Designiati.-The following erosion, landslide, seismic, and channel migration zone (CMZ) hazard areas shall be designated as geologically hazardous areas and subject to the standards of this article: (a) Erosion Hazard Areas. Erasion hazard areas are those areas containing sails which, according to the United States Department of Agriculture, Natural Resources Conservation Service Soil Survey_ Pnogratn, inay experience significant erosion. Also included are coastal erosion -prone areas and channel mi ration zones. Erosion hazard areas include areas likely to become unstable and include bluffs %teep slopes, and areas with unconsolidated soils and may include coastal erasion areas. as mapped on (lie Coastal Atlas by Washington Department of Ecolomv.&eas e0MftiHiRg59i15 eF "il ee (b) Landslide Hazard Areas. Landslide hazard areas are areas at risk orAfeas poteAtially skibjeei to mass movement due to a combination of geologic, topographic and hydrologic factors. They include gay areas susceptible to landslide because of any combination of bedrock soil slope gradigilt slue aspect, structure hydrology, or other factors, as followsinelbiding: (i) Areas of historic failures ., such as: (A) Areas cl a-ilaetl W-niappWdelineated tis haviby United States Deparhilent of AL'Uiculture. Natural Resources Conservation Service as haviiia a sianiticant limitation for building site develo nn tent base, enis .. iIhI,. Elia r ited States re,.kltkFF'C-N r" 33,TVM-,tet 90i' 9 feF 0f4 County; or (B) Coastal areas mapped as unstable, unstable old slides, and unstable recent slides in Areas Elesc+i l zl11 went o;- old f-lal ds}ides-er--sl-c&-unstale niater44&Avtki +4he Washington State Department of Ecology Coastal Zene Atlas of jeffeFsen Geu*ty; ardor The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 24/100 (C) Areasesi ;nated and mapped as cltmtte-nal-V :slumtps, earl 11flowssntttdl1t)ws, lahars, or landslide hazards art!as efptx-w-Frfrttw.fl,_„[,Alit,. .,,, . I.,,,, r ,,a . o„t Wiles -by the Washington State Department of Natural Resources or the United States Geolmical Survey, Division +•Gealegy ajid Eanli Rese ,,.ea�. (ii) Areas where all three of the following conditions occur: (A) Slopes are steeper than 15 percent, (13) Hillsides intersecting geologic contacts witlt a relatively permeable sediment overlying a relatives impermeable sediment or bedrock-, and (C) Spring or groundwater seepage. 4 feas,i�.ten+iail., . stab1e asresFapso-em.er-aw, (iii) Areas that have shown movement during the l lolocene epoch (from 10,000 years no to present) or have been underlain or covered by mass wastage debris of this epoch. iv Areas witlt slo •s that are parallel or subparallel to planes of weakness such as bedding planes, joint systems, and fault planes) in subsurface materials. (v) Areas with slopes havinttgra(lients steeper than 80 percent subject to rockfall during seismic shaking. (.vi) Areas that are potentially unstable as a result of rapid stream incision, stream bank erosions and undercutting,, by wave action, includingstream channel migration zones. (vii) Areas that show evidence of, or are at risk from, show avalanches. (viii) Areas located in a canyon or on an active alluvial fan, presently or potentially subject to inundation by debris flows or catastrophic flooding. ix Areas witli a slope of 40 percent_or steeper and with a vertical reliel'of 10 or more feet, except areas composed of bedrock. (A) Reekslidesi e (G) Mtidflews; and (P) 1 an (c) Seismic Hazard Areas. Areas subject to severe risk of damage as a result of earthquake -induced ground shaking, slope failure, settlement or subsidence, soil liquefaction, er--surface faulting, or tsunamis. neeel poe lye -dram, : th--& timer diai� 3{3 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 25/100 Wks with high eFgfiRie eont }. Settlement and sotI IigUefaCElClt conditions Occur in areas underlain by coliesionless soils of low density, tvoically in association with a shallow roundwater table. (d) Channel Migration Zones (CMZs). Areas subject to the natural movement of stream channel meanders. Those areas within the delineated high risk CMZ area (the area in which channel migration is likely to occur within the next 50 years) are subject to this article. Disconnected migration areas, which are areas that have been disconnected from the river by legally existing artificial structure(s) that restrain channel migration (such as levees and transportation facilities built above or constructed to remain intact through the 100 -year flood elevation) and are no longer available for migration by the river, shall be excluded from review under this article. Moderately high, moderate, and low risk CMZs areas are also excluded from review under this article. e Other geologic events such as coal thine hazards and volcanic hazards are not a known risk in Jefferson County, and are therefore, not subject to review as part of the rernliItil� rop cess. ( ] Sources Used for Identification. Sources used to identify geologically hazardous areas include, but are not limited to: (a) United States Department of Agriculture, Soil Conservation Service, Soil Survey for Jefferson County (available online throudthe United States Department of Agriculture, Natural Resources Conservation Service). (b) Washington State Department of Ecology, Coastal ZeFv.-Atlas. (c) Washington State Department of Natural Resources, `-,lope # ted- ; C;eolo is 1 Lazard Nia s available onlilte . J`o`ey_: (ed)sar s ctg+� n .a..s £itil �.� , o ,ma � 4011 Stag DePRA Reel! Of Naz.,�e: Resources. Geologic Maps of Eastern Jefferson County,—online maps (landslide hazards, shoreline slope stability, erosion hazards. seismic hazards and channel migration zones available online}r-n.�,..,.,...;�;l,r. County. (€e) United States Department of the Interior, USGS Quad Maps. (g_f) U.S. Department of the Interior, Bureau of Reclamation, 2004, Channel Migration Zone Study for the Duckabush, Dosewallips, Big Quilcene and Little Quilcene Rivers, Jefferson County, Washington. Denver, CO. (hg) Perkins Geosciences, 2006, Channel Migration Hazard Maps for the Dosewallips, Duckabush, Big Quilcene and Little Quilcene Rivers, Jefferson County, Washington. Seattle, WA. (ih) Perkins Geosciences with TerraLogic GIS, June 2004, Lower Hoh River Channel Migration Study Summary Report. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 26/100 (ji) The following rivers are not regulated as CMZs in this section as these rivers- have not bccn evaluated or mapped for CMZs Er ped GN4Z-s-(not an exhaustive list): Thorndyke Creek, Shine Creek, Chimacum Creek, Snow Creek, Salmon Creek, Upper Hoh River, Bogachiel River, Clearwater River, and Quinault River. r"sr�1!77+,131 � r�sxr . 153M 18.22.1CC ReVulated activities. Any land use or develonnnent activity within a Malo ig cally hazardous area, buffer, or 200 -foot -wide management area shall be subject to the provisions ofthis article unless specifically exempted in JCC 18.22.070. 18.22.170 Protection standards. (1) General. Application for a project on a parcel of real property containing a designated geologically hazardous area or its buffer shall adhere to the requirements set forth below. The provisions listed below are in addition to those required in J( t 18.30.060 [grading and excavation standards] and JCC 18.30.070 (stormwater manaeement standards]. and shall be incornorated into reports nrenared by aualiIted professionals to show compliance with those code requirements. (2) Drainage and Erosion Control. (a) An applicant submitting a project application shall also submit, and have approved, a drainage and erosion control plan, as specified in this chapter, when the project application involves either of the following: (i) The alteration of a geologically hazardous area or its buffer; or (ii) The creation of a new parcel within a known geologically hazardous area. (b) Drainage and erosion control plans required under this chapter shall discuss, evaluate and recommend methods to minimize sedimentation of adjacent properties during and after construction. (c) Surface drainage shall not be directed across the face of a marine bluff, landslide hazard or ravine. The applicant must demonstrate that the stormwater discharge cannot be accommodated on site or upland by evidence of a geotechnical report, unless waived by the administrator. If drainage must be discharged from a bluff to adjacent waters, it shall be collected above the face of the bluff and directed to the water by tight line drain and provided with an energy dissipating device at the shoreline, above ordinary high water mark (OHWM). (d) IFH1 fElit 1140-a�ietreantro,' inet! ds , 3 12s In addition to comolvine with the, stormwater requirements of Chanter 18.30 JCC_ the aDDlicani must clearly demonstrate in the geotechnical report that stormwater quantity, quality, and flow path post - construction will be comparable to pre -construction conditions. (3) Clearing and Grading. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 27/100 (a) In addition to the general clearing and grading provisions in Chapter 18.30 JCC, the following provisions shall also apply: (i) Clearing within geologically hazardous areas shall be allowed only from April 1 st to November 1 st, unless the applicant demonstrates that such activities would not result in impacts contrary to the protection requirements herein; (ii) O4. 4wA- .1a eeessar-y to install ielm ,e..ary sedi a and MOA e@11401 ifleaStI S l�R�r.0--c �vazvr�wr,.�-Q,�-r�zcractrca SlIff'! 6eet!F ffiOF `^ 6100fift fee r..ad E 44ilTemporary sedimentation and erosion control measures shall be installed once all applicable permits have been issued and installation shall be based on the locations shown on the approved site -plan; (iii) Clearing limits for roads, septic, water and stormwater utilities, and temporary erosion control facilities shall be marked in the field and approved by the administrator prior to any alteration of existing native vegetation; (iv) Clearing for roads and utilities shall remain within construction limits which must be marked in the field prior to commencement of site work; (v) The authorized clearing for roads and utilities shall be the minimum necessary to accomplish project specific engineering designs and shall remain within approved rights-of-way; and (vi)- Clearing land iii preparation ul'site deydMitent prior to uernii.t issuance slialI be prohibited. (b) The following provisions regarding grading shall apply: (i) An applicant submitting a project application shall also submit, and have approved, a grading plan, as specified in this chapter, when the application involves either of the following: (A) The alteration of a geologically hazardous area or its buffer; or (B) The creation of a new parcel within a known geologically hazardous area. (ii) Excavation, grading and earthwork construction regulated under this section shall only be allowed from April 1st to November 1st, unless the applicant demonstrates that such activities would not result in impacts contrary to the protection requirements herein. (4) Vegetation Retention. The following provisions regarding vegetation retention shall apply: (a) During clearing for roadways and utilities, all trees and understory yegetatioi i lying outside of approved construction limits shall be retained: pmyi` ed dia wt� ger ,-d maned Ek+ at4wJ (b) 4`g - g e, ir-ees to ave—k-1 .,.:rim.91 aFeas a10H tO be Fetflil Clearing limits, as shown on the approved site 171an, shall be marked by orange construction barrier fencing to be installed prior to bet;i_nning any clearing, grading, or other land-disturbim activities. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 28/100 - if Such e leaFF lig is (c)to eamplete !he proposal inyolyed iii moo..; a „Cr'kratieft Vegetation within identified clearing limits May be removed upoil permit issuance. All vegetation within the geologicyLly hazardous area or buffer, but outside the marked clearing Iirnits' shall be retained_ Cleared vegetation shall not be placed within a geologically hazardous area unless it is used as part of a mitigation plan consistent with other critical area mitigation provisions, is reviewed by the state -licensed geologist or eenineer, and is approved by the administrator. (d) Within a high risk CMZ, vegetation removal shall not be allowed. Vegetation removal outside of a high risk CMZ shall not be reviewed under this article. Should this provision conflict with other vegetation retention requirements specified within the JCC, the more restrictive protection requirement applies. (S) Geologically Hazardous Area Assessments— When Required. A geotechnical assessment shall be required if a proposed activity occurs within a mapped geologically hazardous area or the 200 -foot -wide management area (including those areas that may be temporarily affected by construction), as follows: fa) Landslide hazards slapped as slides, high, or moderate; (b) Shoreline slope stabiIity mapped as intermediate, unstable, unstable recent landslide, unstable old landslide, or modified; (c) Erosion hazard; (d) Seismic hazard: (ee)High risk channel migration zone; or (f) Coastal atlas land forms mapped as feeder biuff exceptional, feeder bltiff ialus, feeder bluIT, or. modified. (6) Geologically Hazz-u•dous Areas — Levels of Assessments. Geologically hazardous area assessments steal I be conducted by a qualified geologist or engineer with a state stamp. The level of assessment required shall be based on site-specific conditions, as follows: (a) Assessment Level 1 (Geotechnical Letter). This type of assessment shall be used if the geologist or engineer determines that the proposed activity will occur outside of the buffer (including those areas that may be temporarily disturbed by construction). The geotechnical letter shall ber� epared based on report criteria in Article Vl 11 of this chapter. (b) Assessment Level 2 (Geotechnical Report). This ape of assessment shall be used if the geologist or engineer determines that the proposed activity will occur within a geologically hazardous area or buffer (including those areas that inay be temporarily disturbed by construction). If the entire property is located within a geologically hazardous area, the eologist or engineer shall assess the_parcel(s) based on requirements in subsection (13) below. The geotechnical report shall be -prepared based on report criteria in Article V111 of this chapter.. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code Chapter 18.22 CRITICAL AREAS DRAFT WORK PRODUCT SUBJECT TO REVIEW Page 29/100 (7) Geologically Hazardous Areas — Marking Limits. The l intits (or outer extent) of a geologicapy hazardous area shall be marked onsite as follows: (a) Geologically hazardous areas shall be identified and staked by a professional geologist or engineer ith a state stamp. For landslide hazards.. the ton and/or toe of slone closest to the oronosed activi shall be marked. For erosion hazards, seismic hazards, and high risk channel migration zones, the extent of the geologically hazardous area closest to the proposed activity shall be staked onsite. (b) Stakes shall be installed and marked as necessary to clearly identify the geologically 1lazardaus areas present; provided, the distance between each of the stakes shall not exceed 50 feet. c Staked limits of the caI1v hazardous area shall remain onsite based on the type of application, as follows: (i) Stakes for bL1 i Idi ng or septic applications shall remain in place until a final building certificate o_f,p tlpancy for a bUilding permit andfor a final 1or a septic permit is issued. (ii) Staking-, for a subdivision a planned rural residential development. a binding site plan, or a rezone shall remain in place until a final county approval is issued. If, at the time of subsequent building, septic, or other land use application, the stakes are no longer in place, the administrator may require re -staking of.the geologically ha7ardous area by the proiect geologist or engineer. (iii) Staking for any other application requiring laird use review shall remain in piace until the department of community development has made a site visit to review the staking relative to property boundaries and proposed activities, as shown on a submilted site plan. (d) The staked location of the on-site greol ogical I y hazardous areas shall be shown on a site plan submitted with an annlication. e() Ifmore _than_one geologicalIy hazardous area is present, only the most restrictive Vol m�jcally hazardous area (area closest to the proposed activity) shall be staked by the geologist or engineer. (-5a) Buffer Marking. The location of the outer extent of la ide-geologically axardoys area buffers shall be marked in the field as follows: (0-A-permane€t"4y sie l Sepr ti��€t alb m�, a fide huard Mea shall RCTF1'F0mj'ITGT:IpITfalFT[mar-king -" f' f' ` - yPie ZlE77TPT'I'TiZITC'ii4T at M� _ (C*fn tile ease ershei4 ♦. long binding site plan oF site plan approvals under- - and its bu ff- f The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 30/100 a Geologically hazardous areas and buffers shall be shown on a site Calan submitted with an application. (b) Geologically hazardous area buffers shall be staked onsite prior to beginning any clearing, zmkm or other land -disturbing activities. The administrator may waive this requirement if all development activities are outside of the geoloy-icalLy hazardous area buffer. (c) The administrator may require signs be posted at the buffer edge if the proposed activity is commercial or industrial _car if the proposed activity is proposed on public lands. (69) Buffers General The following lm geolo �i,_c:alI hazard area buffer provisions shall apply: (a) Buffer areas shall be required to provide sufficient separation between the landslide geologically hazardous area and the adjacent proposed project. (b) The appropriate width of the kmdslide- feolou ctilk hazardous area buffer shall be determined by either: application of the standard buffer width set forth in subsection (10) below; or by acceptance of a geotechnical report meeting the criteria of this seEHenarticle and Article Vlll (critical area reports). (c) Buffers shall remain naturally vegetated. Where buffer disturbance has occurred during construction, replanting with native vegetation shall be required. (d) Buffers shall be retained in their natural condition; however, minor pruning of vegetation to enhance views may be permitted by the administrator on a case-by-case basis. (e) All buffers shall be measured perpendicularly from the top, toe or edge of the landslide geologically hazardous area-iaotmdwy. a+eas (10) Buffers — Standard Width and Setback. A standard buffer shall be established from the edge of geologically hazardous areas, and a bui_1_d__ing setback shall be established from the edge of the buffer. Standard buffer widths shall be based on county geologically hazardous area mapping and Washington Department of Ecolga coastal atlas mapping, in the order listed below. (a) 150 feet: (i) Landslide hazards mapped as slides or high; (ii) Shoreline slope stability mapped as unstable. unstable recent slides. or unstable old slides: (iii) Erosion hazards: or (iv) Coastal atlas land forms mapped as feeder bluff excepflonal. (b) 100 feet: The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 31/100 (i) Landslide hazards mapped moderate; (ii) Shoreline slope stabili mapped as modified, (iii) Channel mitigation zones mapped as high risk; or 60 Coastal atlas landforms mapped as feeder bluff; feeder bluff -talus, or nio-d-ifed. (c) 50 feet: (i) Shoreline slope stability mapped as intermediate. (d) Seismic hazards, landslide hazards mapped as Slight, and shoreline slope stability mapped as stable do not require buffers. Channel migration zones mapped as moderately high risk, moderate risk. low risk. and disconnected are not regulated as a geol<f ag'cally hazardous area and do not require a buffer. (gc) A building setback line is required to be 4y,-10 feet from the edge of any geologically hazArdnlls area buffer is . (7I 1) Reducing Buffer Widths. The administrator may reduce geologically hazardous area buffers as follows:"' . 1liClifir •f setback. "rl:e rvflkiued I - widih be ,-od„eea, d r., lo,s th—n 1 G f et (a) Buffers max be reduced by tip to 25 percent with a geotechnical report prepared by a geologist or engineer with a state stamp: provided, the report identifies recommendations for preventing o minimizingrisks post -development. (bb) All buffer reductions 25 percent car greater and all development within a ggoloig caily hazardous area steal l require a gFeotechnical report a1y a,eologist or engineer with a state stamp. The administrator shall require a third -party review based on JCC 18.22.380 and/or a hold harmless agreement be recorded with the auditor's office. If the administrator requires a third -party review of the renort. the administrator shall be resnonsible for identifvina and transmittine the P-eotechnical report to [lie third-xal rty reviewer. (SL2) Increasing Buffer Widths. Buffer widths may be increased on a case-by-case basis, as determined by the administrator, to protect the functions and values of a geologically hazardous area. Documents that Inav be used to support this determination. include but are not limited twThe admimistpater may i c -reale Ae-rtmit€cN l �i�a 1....t'F F_wid.l,en a I.,..t.vr buff �srt��s+�ru�>�eesr.��ee�i� e�r�e�r.�sr�e�3n.�rs�ss,�rr. (a) The landslide area is unstable and active. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 32/100 (b) The adjacent land is susceptible to severe landslide or erosion, and erosion control measures will not effectively protect the proposed project from the risks posed by the landslide hazard area. (c) The adjacent land has minimal vegetative cover. { 13) Gcolkmicaiiy l lazardous Ai'4',l clo anew. 11'a proposed development or use is determined to be a eolo ically hazardous area, the geologist or en ig nee_r shall assess the proposed activity relative to existing geologic conditions to determine if the proposal can be safely constructed and safely used or oceu ied. All develo nient within a ma ed gologically hazardous area shall require a ggeotechnical report prepared by ageologist or engineer with a state stamp and the administrator shall have the authority to send the gpotechnical re ort out for third-Rarty review based on !CC 11.22.380 and/or to require a hold harmless a eement be recorded with the auditor's office. If the administrator requires third -party review orthe report. the administrator shall be responsible for identif in, and transmitting the geotechnical report to the third -party reviewer. Any development or use within a geologically hazardatts area may be reduced o_rmitigated by engineering, design, or modified construction. If the risk cannot be reduced to acceptable levels, the geologically hazardous area is to be avoided. (a) An pli Ms#bfliit t ��v: -, speeified in A niel-a__lllll of this .shapieF .,,lye., Ila. .,pylic-sy� inyektes n of the deilowing-. !'S The altn,raim. n of landslide lwzx ircii - i ,—k (i 0) The .,t Ie eF 91 41 , - Inown la'rieisi-ide iiitisim-a'r$E}. oil fa publi-ely AEitita, .loo- areal se .-177t�-tt9�c:rd ffe(i. f �tmWimrrieiNC- i ' ef! by -lael, tit s,.; t ....e „[' I...y.lsilde oieflylt,y the past;voeinity an the 4*F1Fi3ttte,—Of4�F3a&l="-I�rr-!he-liinci:icl{le kaz::--,' aF-s+�-ii.��--1}L�-i�i�i•t-F eliminated; I'rc'F''"""eSvc7v'"'rprc , eoff&i�(i f ap .licab7–). FII i�EI -(#- A Y prcateet -p lic le}, {4-jrd 6 09 § 1 (Exh ❑ OF The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 33/100 18.22.180 Conditions. (1) General. In granting approval for a project application subject to the provisions of this article, the administrator may require mitigating conditions that will, in the administrator's judgment, substantially secure the objectives of this article. (2) Basis for Conditions. All conditions of approval required pursuant to this section shall be based upon either the substantive requirements of this section or the recommendations of a qualified professional, contained within a special-critical.diva report required under this chapter. [Ord. 6-09 § 1 (Exh. B); Ord. 3- 08 § 1 ] Article VL Fish and Wildlife Habitat Conservation Areas (FWHCAs) isle -icy eleetato coinply wifli ii e it ea" 18.22.200 Classification/designation. (1 ) C as`-iFish and Wildli-lie I labitat Conservation Areas (FWI-ICAs) are areas that serve a critical role in sustainin* needed habitats and species for [lye functional integrity of the ecosystem, and which, if altered, may reduce the IikeIihood that the species will persist over the Iona [erin- .• Fish an, wildlife habim! conser ,n-afea { FWHCAs) are-inc[tide those areas identi Fred as being of critical importance to the maintenance of endangered, threatened, or sensitive species of fish, wildlife and/or plants, or habitats and species of local importance. These areas are typically identified either by known point locations of specific species (such as a nest or den) or by habitat areas or both. f3 i'' it �c ijIe* }3; ted r rN t il�ireas rri i -are Stec-44e4ht-.hir wtivilp areas (""Allrr*c-�rrrrron-crsece}ti+io's el -Ft . (31) Designation. The following are designated as fish and wildlife habitat conservation areas ❑ \l /CGAs): (a) Areas withr hwhere federally -listed species (endangered and threatened) and state -listed species -(endangered, threatened, and sensitive species) l: -ted by die fe�_�E a -stat ^overniflen! have a primary association. (i) Federally -listed desigi- #edrendangerecl and threatened species are those fish, aimwildlife,; and plant species identified by the U.S. Fish and Wildlife Service armor the National Marine Fisheries Service that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife Service and the National Marine Fisheries Services should be consulted for current listing status. (ii) State endangered, threatened, and sensitive species are those species native to the state of Washington identified by the Washington State Department of Fish and Wildlife that are in The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 34/100 danger of extinction, threatened to become endangered, or are Vulnerable; or declining and are likely to become endangered or threatened ill a significant portion oftheir ranaeWk44!1111e51Rt0. The state maintains the list of these species in WAC 232-12-014 (endangered species) and in WAC 232-12-01) Z' (threatened and sensitive species). The State Department of Fish and Wildlife should be consulted for current listing status. (b) Rivers and streams not otherwise pr�tec*d-addressed under Washington State Forest Practices regulations (Chapter 76.09 RCW and WAC Title 222)tha! liave rWn..1r Ar ajy pi,oteelediteeeFdlli, !a she. .•-- . regulations (NAIIAG' Title. �22z} (dg) Commercial and recreational shellfish areas. mel+ l4ig-desi naiad shel1l sh habitat eefl aFeRS (n.+ ,y l I AS11 _ .,1,,. 1e,. .,oblie and p .ate tideI.,n&s and bed lands 11I"tr1Fii"reparation,planting cultivate.,., (,LLC) Kelp and eelgrass beds. (€e) Surf smelt, Pacific herring, and Pacific sand lance, and other forage fish spawning areas. M Naturally-occurring,pcmds less tlian_20 acres,_incltlding submerged aquatic_ beds-that provide fish and wildlife habitat. {gl Lakes. ponds. streams, and rivers planted with a n fish by a Bove nincTital or tribal entity. (gli) State Nnatural area preserves, a+W-natural resource conservation areas. and state wildlife areas. (h) All desigimie.l by ,�, r., , f N ,....,,I 17 U) ,h.. y..+h the Wagh;ini '"TR lAl�Li1TG P1Ti'!f F'SSISFL RdI ltiL.][Rir^p��e �'l� . (i) Species and habitats of local importance established pursuant to the process delineated in JCC 18.22.210. [Ord. 3-08 § 1] {i) Water, of the �".� - (2) Designated fish and wildlife habitat conservation areas that are within shoreline jurisdiction are also reI~ulated under (lie shoreline toaster prograan in Chalrter 18.25 JCC', and in circumstances where the this chapter conflicts ►vith tl,e shoreline master proL,rtii7i__the pl•avisioti of the shoreline master program sliall rp evail. 18.22.210 Process and requirements for designating habitats of local importance as critical areas. (1) Purpose. This section describes the process for designating species and habitats of local importance that are not covered by the federal and state sensitive, threatened or endangered species regulations. Accordingly, this section details the requirements for designating and monitoring species and habitats of local importance, as well as removing such species and habitats from designation if necessary. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 35/100 (2) Definition. The use of the term "habitat' in this section ineans a place or type of site where a plant or animal naturally or normally lives and grows, and includes areas used by a species during any life stage at eeFit4e+;." (3) Procedure for Designation — Generally. An application/nomination to designate a habitat of local importance as a critical area shall be processed according to the procedures for Type V land use decisions established in Chapter 18.40 JCC. (4) Nominations/Applications. Any person, organization, or Jefferson County agency may nominate and apply for designation a species or habitat of local importance. A nominating person or organization must be a resident of, or headquartered in, Jefferson County. (5) Nomination/Application Submittal. (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) All nominations/applications for designation of a species/habitat of local significance shall include 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 a nominated species or the nominated habitat itself if not associated with a nominated species; a map of an appropriate scale to properly describe the location and extent of the habitat will accompany the nomination, as well as geo-referencing information sufficient to allow mapping of the habitat site in the county GIS mapping system; (iii) 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 nomination; (iv) A management strategy for the species or habitat; (v) Indications as to whether the proposed management strategy has been peer reviewed, and if so, how this was done and by whom; (vi) Where restoration of habitat is proposed, a specific plan, including how the restoration will be funded, must be provided as part of the nomination; (vii) Recommendations for allowed, exempt, and regulated activities within the area; (viii) Recommended buffer and setback requirements and their justification; (ix) Seasonal requirements; (x) A monitoring plan must be practical and achievable and include the following: The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 36/100 (A) Baseline data and a description of what measurements will be used to determine the success of the project. The plan shall include the criteria and time period required to evaluate the success of the plan; (B) A contingency plan for failure; (C) A list of all parcels not included in the nomination but affected by the monitoring process; (xi) The nomination must also include an economic impact, cost and benefits analysis. The nomination must also include an analysis of alternative solutions to formal designation of the habitat of local importance as a regulated critical area under this chapter. (c) The applicant shall be responsible for paying all fees and all expenses incurred by Jefferson County to process the application. (6) Review and Approval Criteria. (a) Species nominated for designation under this section must satisfy the following criteria: (i) Local populations that are in danger of extirpation based on documented trends since the adoption of the Growth Management Act; (ii) The species is sensitive to habitat manipulation; (iii) The species or habitat has commercial, game, or other special value such as locally rare species; (iv) The nomination includes an analysis of the proposal using best available science; and (v) The nomination 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) Habitats nominated for designation under this section must satisfy the following criteria: (i) Where a habitat is nominated to protect a species, the use of the habitat by that species must 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) Areas nominated to protect a particular habitat must 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; The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 37/100 (iii) The nomination specifies the specific habitat features to be protected (e.g., nest sites, breeding areas, nurseries, etc.). In the case of proposed wildlife corridors, the nomination shall specify those features that are required for the corridor to remain viable to support and protect the nominated species. (7) Review and Approval Process. (a) The department of community development shall determine whether the application submittal is complete. If deemed complete, the department shall evaluate the proposal for compliance with the approval criteria set forth 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 board of commissioners based upon the approval criteria set forth in this section. (c) The Jefferson County board of 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. (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. (8) Removal from Designation. Species or habitats of local significance may be removed at any time; provided, that they no longer meet the criteria set forth in subsection (5) of this section (e.g., as a result of a natural catastrophe or climatic change event); and provided further, that the procedural requirements of this section and the procedural requirements established for Type V land use decisions set forth within Chapter 18.40 JCC are met. [Ord. 3-08 § 1] 18.22.220 Sources used for identification. Sources used to identify fish and wildlife habitat conservation areas (F3A'HC=As) include, but are not limited to, the following: (1) United States Depai4ment eAke lntff'Or. Fish and Wildlife Service, National Wetlands Inventory. (2) Washington State Department of Natural Resources, Water Type Index Maps. (3) Washington State Department of Fish and Wildlife, Non -Game and Priority Habitats and Species databases. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 38/100 (44) National Oceanic and Atmospheric Administration Endangered and Threatened Marine Species online database. (5) United States Geological Survey 7.5-Minute Toppyraphic Maps.. (G) U.S. Fish and Wildlife. Endangered Species online database. (7) Washington Department of Natural Resources, Natural I-leritage Program database. (8) Northwest Indian Fisheries Commission and Washington Department of Fish and Wildlife Statewide 1nteitrated Fish Disiribution Map database. (9) National Oceanic and Au-nospheric Administration Environmental Response Man eluent Application. Pacific Northwest. 1( 0) Washington Dei)artment of NatUraI Resources Natural Areas databasehnal2s. (1.1) Washington Department of Ercology. Coastal Atlas database. [ 12) Wasllin gto. n De artment of I lealtl7 Recreational and Commercial Shellfish database. (13) Jefferson County (onlitie map in . c is. Ptiblic and private i'delandr, e., l.ea�.n�l�s .;enl,l o_fOF 511011fiSh 1 aFyesi and ;.lo..,;+,0..1 by the _ PHI-Silaill 10 Chaptff 90.72 11C—Al. (6) Hei+,ing ,d el, -spawHijig 1� -` ed '14 1 ��� �� 0 1- -102 '-220 201--1•l- 250z 1 L,Ariirecc`e Rules, Teellieal @J@ }-�@i�E-lik}E�,mental Atlas. [0 7 08 § 11 1.51 22 2 jO Fish and woldlife 1• abita! eonsen,ation a (FW14C A) m ay.rrar. arc.. Fish .asrc�irria r�rc-rr . .'fir eA �hli{1i+1 c- k1Hg 1 t deviees l i"ili an iliteg it paf Ails. a L;.ela [OM 2 09 § 11 18.22.250 Regulated activities. Any land use or development activity that is subject to a development permit or approval requirements of this code shall be subject to the provisions of this article. These include, but are not limited to, the following activities that are directly undertaken or originate in a FWHCA or its buffer, unless otherwise exempted under JCC 18.22.070: (1) Stream Crossings.Any ffiwate o". ublirfoMPOS cress S .a.,.,. rel. si fi d wiillin this akiele 66j:nplyply_w�th i tea following orinimum deyel....meFir The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 39/100 f . l+ mid Wildlife. Fish passage shall be provided if neeessai�, to addr-ess M8111110de ObSIR108HS On Sile. k7CY��}I6 ipen Tshowing ihat, 14 I�te Sita .r is o ' f1' 4'Trr• �L9L��� TG .r.,! l:e .i l.lL- sig liAe .,t impoeis i., thefts aand __"'i1 il. f� hab k0t Wee IC 111 H( A) .iiay be Feq k1i Fed-, impact 9 ! „ieFS 0 .,k11t1,10HIS ShalI n.li be placed ed fl ..,.,ithi.. mists; flews,(d) Ail m!vam Crossings shall be designed based eii tke 100 5'eff PFOjeeied fleed fpossible; atid .ti rl1.,11 Il,o .. .1 !M fengfl*fl -(2) Utilities. be .,ll.,..,a,l e+ -F io4tallaiion. .,I., .l, 4 OteAiM ..1 HiRiFitelikiftle .liHed belOW. Itiliii iici7cu'Hf frl%,-.;! i m"' aiif 1•a`IYCGPTC�CiC7: T'9Ygy �° 'k (b) Cons! metion 0 � sewel- ON- a ii site sewage 55'91 MIS aFe not pei-m i iied i n FAV HCAs or ��-11 .. 1., ..l 1, .I.I, ,, ..i., d of 1 T1�, _ -- _ �41i���i�-liiGT-pfaWe ( 1.11. E,.. -other .1tllities may h.']�_ ee •-;';� yrs-r.—�6-11 ., rt 1,e allowed l.' [d 'n F ►l r [, Ir A ....,I� rrarcrr c-ne 1"i7C'eivd, chrciitizicd or- seiisi ' 1F15e eirrtxcriirsiCmF.e.'a-where Fxi'rir inelies in virrrrd"' r r at bf:eam hei„ll, r itl iiiie uphill side. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 40/100 geiaiion ale . •er, :floc vierl:r, i., t1+ �i,_ufer:e„_ of n strueii ,._i _9 rz,.•.,, Miro.. z, il�S5ElD[� �iE @ �N .t7H&� FF?WiH Ccrrz�rrr"resrr^4a 'niitN41�+�j $�it��l L'fi54il��}1E� rfA7wMKl�l.SlRR4RlIRi�l11:■ .R7f[1L7�lla f !!3!1l�IiT.' (3) Bank Stabilization. A sit -ea m ehamel and ba ti , b! aW, and showl i mie m8)' be Stab i I hZed WheF1 HaRl P6115' OM11-1-i fl,- e81411 moyeme.,t.1 �o• ,� � cr.,Rf�,,s�ls1FU6t1f}e4 -for illis pt-}"rie BE& Iii 1,.,.1.f.,,.. pep,,r ., lwa4h._ _ :e:.)... _.We! f tee. F flle OHI' 'r—m. 1,ke io p a..,., and, in the e. se of'..!m.,ms, .. heii li ie„nnne rC. 1 I k,' r H'71Taziz�ivir-i-c"�inr�s-i rrir'euiiacenesria�aix-rtri-siri[c��ite'e-csi=•i'Ei?�3�f3Vei%•4Vht�'FEt{Ir�lil-�'; f3�1^iamii`uic[� geek"!y hazai:deus , ihis el,n., d rcreirc-i�rvvcil�i�a rr"rre'iriu�`cfilLfitf3r{liii Ei N,neeF licensed inn- the state -#.if -W ,_•1,:.,.,r.,.,w:fillim {'ii�LtY-Cii-�,a:-, - '�Fiii�'�•1'f�t�'�'J•�i� FOF bat ' e a peateeknieal .,..t tl,,,, jn - - ,ia :ble- -- fiTtiiifiC'ra r �wi i�z i be C--cOR rcxia %�rxr 1E stab! 1�3'cicF4ii� (4) Gravel Mining. .,,--re.ti od i; shall Aet be penmiiied.:r it causes ,itigntable s ,i r-0—ml ,.er ;.,,,z.,.-,� �.,.f it may L,�, all.,.,,e,i r rr..,..:.,., rt,e �� �,� , iy ____d appFOVE11 Of a WNW! maRagement plaH, i1i 'led Millifig 11d „eela.,,., ian fain„ ;Kinee—itandaMs iii jGG 18.20.2,10 L'L (5) Forest Practices; Class IV General. TimbeF h.,,..,e .,:.,g with ., ..,,..:.,re.f _level._ pment aeti vir appli•Efitian; rf, n l_I_ t,.,,,,.,1,. , .: r t ,ih e pj;o V•i-4o+i S-44il•1sF ffE $; FFiEl ilfii�i i—f iasiricirEiliEtt[1 �±Li S Hr iLi� (6) Road/Street R*paifexpansion and New Construction. -A•F+y-p k%t*-ic�+^ad er- sijve! expansio de.,ely,nn,.,nt ein„rlaFd&! 0.*-Ne-a+hei easo,�.,1 >�, ;i�1 4ff H #+he -per, d OF 5Ire serves The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 41/100 (d) Ge '?e -d ete't N-ined4n-SII'rcar+io"rr-.rn"�''��44ke 0 (7) Outdoor Recreation, Education, and Trails Construction. Aetivities find thal do not SigAikaaAt� .s A t oar �H7r OH-Okh- xM111..11- A ,. iegular ! bu F'1 ,.. 1:.,r I ., I:.s... a r... a.. * 1 f sepie-Al-Ar- a ..,taoarat:..a Fan:l:l cry ..• I.. Li,��,-J�l ,elm-�te,_��:llli.lrn1. ��11 ����,,.. , , mi.�tr-c�rr-c�i�s� ,- "rT E'd ltit7Fa .a -I. n1., a:..+.,.rI—A ,slif abs, snags and portant 'Ar+ldlite-i i4at- (8) Chemical Application or Storage. Chemical app4ea fans ave no( peperenitied w iIhin rWHC— As Eon! iiexio Hs p Wit eases where app" --ed elwe-1 -I Wal app] i OR! i6flS 0GC-kfi- 05 PHA 0 P a 4"61 ffaetie&., }Hfti F jet'—[ m. _4ed_wiIhifi ,_ r:WL[!-'.A.. OF 451 iffi,.. 104 T n4 is 11 (4) Land. Alteration (such as excavation, dredging, grading 1iI1in = . (10) Modification of Hydrologic Regime or Conditions (including placement of obstructions or impediments to natural water flow or movement). (I 1) 5truc11-11•81 Modifications and Expansions. (l2)_Vcgelation Removal or Alteration (could include but is not limited to, clearing, harvesting, shading, intentional burning, -use of herbicides/pesticides, or planting vegetation that alters the character of the regulated area: provided, that the activity is not exempt under ,ICC 18.22.070). 13) New Activities Affecting Water Quality, The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 42/100 18.22.265 Habitat tngcment plansevaluations —When required. When a developments prepesaluse, or activity -is leeated-proposed on lands ltr�a l�rot�itad sp s etl�e�l}, bald eagle ne4Eifig le�pmese5 w iRk-er: de cease or ayemge Vie "nd- Ar "'•4 r-,desi nated as a fish and wildlife habitat conservation area or a buffer, a habitat nianageiiient ..4i '-"evaluation shall be required, eonsistent with the .,.,qW ents o K2(; 18.22.44 . [Ord. 3-08 § 1]. An on-site habitat evaluation determines if FWHCAs or buffers occur in the projcel area. if the pronosed use development. or activity occurs in marine water, a dive survey shall be required to determine if any FWHCA is present in the project area and if any FWHCA has the potential to be affected by the proposal. Baluations_shall be conducted by a qualified professional biologist with expertise in habitats and species of the area. (1) Types of Deports. As required by this section, an applicant shall submit a report documenting the results of the habitat evaluation for county review and approval. Based on the results of the site evaluation, a report shall be prepared by biologist, as follows: a) Habitat Reconnaissance Letter. This tvoe of report shall be used if the field evaluation determines that no regulated fish and wildlife habitat conservation area or buffer is present in the proposed ro'ect area. which includes those areas that inqy be teinporarily affected by construction -related activities or Would be within the limits of clearing for construction. For this level of assessment, the professional jolo ist must assess all areas within buffers, as specified it, 'rabies 18.22.270 I and (2), that have the potential to be atfectcd by any proposed project component. Habitat reconnaissance letters shall be prepared by the biolouist based on re(luirements oresented in Article Vll I kciiical area reports) of this chA tomer. b) I lab'rtat Mannetnett flan. This type of report shall be used if tate field evaluation determines that any portion of the proposed roieel occurs within a rel;ulated FWI ICA or buffer, which includes those areas that may be temporarily affected by construction -related activities or would be within the limits ofclearina lorc:onstruction. This type of report shall be used if a proposed buffer reduction or buffer averap-iniz does not exceed 25 percent of the standard buffer width as shown in Tables 18.22. M I ) and (2). I labitat managerneni plans slta!l be prepared by the biologist based on report requirements in Article Vlll critical area reports) of this chapter. If the proposal requires a reasonable economic use variance a habitat rnana gement plan shall be submitted and the habitat inannemesit plan shall also address reasonable economic use variance reauirements in JCC 18.22.090. c) Applicants shall submit a critical areas stewardship Man for irnDacts to FWHCAs or for buffer reductions_ greater than 25 -percent of the standard buffer.width, provided the proposal ntects all, critical area stewardship provisions of this chapter. If the Rroposal cannot meet the critical areas stewardshiv plan_oerrniltine MILlirernents of this chapter. a reasonable economic use variance shall be required. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 43/100 (d) If a dive survey is reouired, the results of the survey shall be described in a renorl WId Stuffioorted by photos taken underwater. 18.22.270 Protection standards. (1) General. Application for a project on a parcel of real property containing a designated FWHCA or its buffer shall adhere to the requirements set forth in this section. (2) Drainage and Erosion Control. A*,apF?~} Ham subs ktin p"eei ppliemien shall also submit, Rd twl plan. as specified *Isis eha In addition to complying with the stormwater requirements of Chapter 18.30 JCC, the ap}ylicant must clearly show in the report that stormwater quantity, quality. and flow path Dost -construction will be comparable to pre -construction conditions. (3) Grading. An applicant submitting a project application shall also submit, and have approved, a grading plan, as specified in 1-his-ewiapterChapter 18.30 —IC(`. (4) Vegetation Retention. The following provisions regarding vegetation retention shall apply: a) Vegetation within FHWCAs or buffers shall be retained to the extent practicable. Unless exemnt under Ihis chapter, vegetation removal or alteration ora FWHCA or a burfer shall re -quire review and appLoval by the department. A habitat evaluation shall be re uired to remove or in any wa alter vegetation within a FWHCA or a buffer. N Alterinp, the habitat conditions of FWHCAs or buffers without prior review and approval by the department is prohibited. (ac) All trees and understory vegetation lying outside of road rights-of-way and utility easements shall be retained (except for hazard trees) during main clearing of rights-of-wU for roadways and utilities; provided, that understory vegetation damaged during approved clearing operations may be pruned. (data) Damage to vegetation retained during initial clearing activities shall be minimized by directional felling of trees to avoid critical areas and vegetation to be retained. _(e) ReMiH„�WcariFeft-cffiel-SR31,.,_HildsKIMP._.z ..<ti,.e., lg ,_____ to eamplete lhO PFOPOSAIi riT `z-clic--rvJe� ' (5) Buffers — Standard Requirements. The administrator shall have the authority to require buffers from the edges of all FWHCAs in accordance with the following: (a) Buffers Generally. (i) Buffers shall be established for activities adjacent to FWHCAs as necessary to protect the integrity, functions and values of the resource, consistent with the requirements set forth in Tables 18.22.270(1) and 18.22.270(2) of this section. (ii) A building setback line of ; � 111.1eet is required from the edge of any buffer area; however, nonstructural improvements such as septic drain fields may be located within setback areas. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 44/100 (iii) Buffers shall be retained in their natural condition; however, minor pruning of vegetation to enhance views or provide access may be permitted as long as the function and character of the buffer are not diminished. (iv) Lighting shall be directed away from the FWHCA. v Tile administrator shall have the authority to increase a buffer width if SuRwrted by apppo riate dMinlentation showing the increase is needed to protect the functions and values of the FWHCA buffer. vi The administrator shall re vire signs be posted at the buffered a if the -proposed activity -is commercial or industrial, or if the activity is proposed on public lands. (b) Prescriptive FWHCA Buffers. (i) The standard buffer widths required by this article are considered to be the minimum required to protect the stream functions and values at the time of the proposed activity. When a buffer lacks adequate vegetation to protect critical area functions, the administrator may deny a proposal for buffer reduction or buffer averaging. (ii) The standard buffer shall be measured landward horizontally on both sides of the stream from the ordinary high water mark (OHWM) as identified in the field. Nevertheless, the required buffer shall include any adjacent regulated wetland(s), landslide hazard areas and/or erosion hazard areas and required buffers, but shall not be extended across paved roads or other lawfully established structures or hardened surfaces. The following standard buffer width requirements are established; provided, that portions of streams that flow underground may be exempt from these buffer standards at the administrator's discretion when it can be demonstrated that no adverse effects on aquatic species will occur. Table 18.22.270(1): Stream Buffers* Stream Type Buffer Requirement Type "S" — Shoreline 150 feet Streams Type "F" — Fish Bearing 150 feet Streams Type "Np"— Non -Fish 75 feet Bearing Perennial Streams Type "Ns" — Non -Fish 75 feet Bearing Seasonal Streams greater than or equal to 20% grade The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 45/100 Stream Type Buffer Requirement Type "Ns" - Non -Fish 50 feet Bearing Seasonal Streams specific factors shall be taken into consideration and the less than 20% grade buffer width based on the best available information concerning the species/habitat(s) in question and/or the *Note: (a) The buffers set forth above shall apply to culverted streams; though in limited circumstances, a variance may be made in the application of stream buffers under Article IX of Chapter 18.40 JCC. (b) The buffers set forth above shall not apply to lawfully -established Viped streams. The burder7 of proof is on the applicant to show that the pipe was lawlbIly established: failure to demonstrate compliance with this re uirement shall result in buffers- beingrequired. -- - (be) Stream type shall be determined using the criteria set forth in WAC 222-16-030, or as amended - (iii) Buffers for Other FWHCAs. The administrator shall determine appropriate buffer widths for other FWHCAs based on the best available information. Buffer widths for nonstream habitat conservation areas shall be as follows: Table 18.22.270(2): Buffers for Other FWHCAs FWHCA Type Buffer Requirement veal will- Whieh Fe erally Listed Species Buffers shall be 150 feet; provided, that local and site h.ru a P,a... ary n ....,.,.atie ,Areas where specific factors shall be taken into consideration and the federally -listed f endan =ered and threatened i buffer width based on the best available information concerning the species/habitat(s) in question and/or the species or slate -listed (endan eg red, threatened and sensitive) species have a opinions and recommendations of a qualified professional Primary Association with appropriate expertise. Commercial and Recreational Shellfish Buffers shall extend 150 feet landward from ordinary high Areas water mark of the marine shore. Kelp and Eelgrass Beds I Buffers apply to areas where native kelp and, eelgrass species occur only, and buffers shall extend 150 deet s# e22 feet from each 12atcli. There is no buffer for non- native kelp and eelgrass beds. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 46/100 FWHCA Type Buffer Requirement Surf Smelt, Pacific Herring, and Pacific Buffers shall extend 150 feet landward from ordinary high Sand Lance Spawning Areas water mark of the marine shore. Natural Ponds and Lakes (along with any Ponds under 20 acres — buffers shall extend 50 feet from submerged aquatic beds serving as fish or the ordinary high water mark-,-: wildlife habitat) Lakes 20 acres and larger — buffers shall extend 100 feet from the ordinary high water mark; provided, that where Yegetated wetlands are associated with the shoreline, btlife!. silo!! ,-- has ed oil the wetland buffer requirements shall also apply. Natural Area Preserves ;,: Natural Buffers shall not be required adjacent to these areas. Resource Conservation Areas These areas are assumed to encompass the land required for species preservation. Game f=ish Planted by a Governmental or Ponds under 20 acres — buffers shall extend 50 feet from Tribal Agency (lakes, ponds, streams and the ordingy high water mark. Lakes 20 acres and larger — buffers shall extend 100 feet rivers) froth the ordinary high water mark:provided, that where wetlands are associated with the shoreline, the wetland buffer requirements shall also apply. Stream and rivers — see `["able 18.22.270 1 . Waters of the State Buffers shall be 150 feet. Locally Important Habitat Areas The buffer for marine nearshore habitats shall extend landward 150 feet from the ordinary high water mark. The need for and dimensions of buffers for other locally important species or habitats shall be determined on a case-by-case basis, according to the needs of the specific species or habitat area of concern. Buffers shall not be required adjacent to the wildlife corridor. The administrator shall coordinate with the Washington Department of Fish and Wildlife and other state, federal or tribal experts in these instances, and may use WDFW PHS management recommendations when available and applicable. (6) The administrator shall have the authority to reduce buffer widths on a case-by-case basis; provided, that the specific standards for avoidance and minimization set forth below in JCC 18.22.2DD3-50(1) shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all of the following criteria are met: (a) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent FWHCA or other critical area. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 47/100 (b) The buffer shall not be reduced to less than 75 percent of the standard buffer. (c) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does not exceed 30 percent. (7) The administrator shall have the authority to average buffer widths on a case -by case basis; provided, that the specific standards for avoidance and minimization set forth in JCC 18.22. 'If) 71)[)(1) shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all the following criteria are met: (a) The total area contained in the buffer area after averaging is no less than that which would be contained within the standard buffer and all increases in buffer dimension are parallel to the FWHCA. (b) The buffer averaging does not reduce the functions or values of the FWHCA or riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases the habitat function. (c) The buffer averaging is necessary due to site constraints caused by existing physical characteristics such as slope, soils, or vegetation. (d) The buffer width is not reduced to less than 75 percent of the standard width. (e) The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does not exceed 30 percent. (f) Buffer averaging shall not be allowed if FWHCA buffers are reduced pursuant to subsection (6) of this section. (8) The limits of ck: 'ti-ing for the Moposed development or use shall be shown on the site olan relative to the FWHCA and the buffer. Pa+ Wr+n.. Shall bo marked in+he-4ekhrrf*N<m&- (a- D...,:. g C-011SI...,. O11be niafked tempoet-a per e0j1 k'k1e1Mo! -a. :,.�:. The 5ffigns_sli,II .,ir'i+H4he-t#II-k4 ti o Piet Re!ll,.tis.. A lie.. i:..:..,:.,.. Naji.•.. ■7 ..........:.... (9) In the case of short plat, long plat, binding site plan, and site plan approvals under this code, the applicant shall include on the face of any such instrument the boundary of the FWHCA. (10) The applicant may also choose to dedicate the buffer through a conservation easement or deed restriction that shall be recorded with the Jefferson County auditor. Such easements or restrictions shall, however, use the forms approved by the prosecuting attorney. [Ord. 3-08 § 1] t8.22.2DD _ Mitigation sequencing. (1) The overall goal shall be no net loss of functions, natural processes, or area within a FWHCA or a FWHCA buffer. All regulated development, uses, and activities in a FWHCA or an associated buffer shall be mitigated in the followin order: The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 48/100 .(a) Avoiding the impact alto together by not taking a certain action or parts_ol'an action; (b) Minimizing adverse impacts by fitniting the degree or naat__nitude of the action and its it�lenaentation; (c) Rectilxin tg, he adverse impact by repairing, rehabilitating; or i°estari_rig the affected environment to the historical condition .or the condition existing at the time of the initiation of a nroiect; (d) lteducingor eliminating the adverse impact over time by preservation and maintenance operation during the life of the action; e Compensating for the adverse impact by replacing. enhancing, or providing substitute resources or environments; (f) Monitoring the required compensation and taking appropriate corrective measures when necessary. 18.22.2EE Impact assessment and mitigation. ( 1) Using the results of site visit. a habitat reconnassance letter or habitat manap-ement Ulan shall be prepared based on critical area report requirements in Article Vlll of this chapter. lfa critical areas slewardshin plan is required, the report shall also be prepared based on CASP requirements in Article IX of this chapter. 2) All potential inanacts to FWI-ICAs and buffers must be identified and described in the resort. Impact assessments shall be based on any potential impacts to the FWHCA or buffer, and shall consider direct and indirect impacts, permanent and teniporary(long-term and short-term) impacts, and cumulative impacts. The impact assessment shall also identify all potential impacts of the proiect insquare feet and shall include the area of temporary construction -related impacts. (3) Mitigation - Minimum requirements and types of mitigation. (a) Minimum mitigation requirements are as follows: Unavoidable impacts to a critical area buffer shall be mitigated with at least a 1_:1 mitigation ratio. The administrator has the authority to require buffer mitigation at a higher ratio if the area to be adversely affected consists of intact native habitat. (ii) Unavoidable impacts to a critical area shall require mitigation that fully compensates for all adverse effects to FWHCA functions, natural processes, and area. (b). FWFICAs mitigation shall include the followingoptions:. On-site Mitigation, The apslicant may propose ora -site mitigation if the naitigatioil proposal compensates for the loss or degradation to existing habitat. (ii) Off-site Mitigation. The applicant may propose offsite mitigation if: (A) On-site mitigation is not feasible and the mitigation proposal compensates for the loss or degradation of existing habitats and species, or The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 49/100 (13) Off -sits: mitieat,ion provides better protection of the FWFICA or a significant ecological and functional int rovement to the F WHOA• and (C) There is a willing landowner that acce #p s the proposed mitigation: and (®)A mitigation agreement/easement is recorded that specifies the individuals or_parties responsible for implementing, maintaining, and monitorin the miti ration area. In -Lieu Fee Mitiaation (1LF). As an alternative to Dermittee-responsible mitieation. an in - lieu fee progarri inay be used to compensate for iml2acts or alterations to a fish and wildlife habitat conservation area or a buffer. if an established in -lieu fee program is available for the project area. Use of (lie in -lieu fee program to address impacts to fish and wildlife habitat conservation areas and/or buffers shal I adhere to the in -lieu mitieation reauiretnents in JCC 18.22.350(5). (c) FWHCA Buffer Mitigation. (i) CWHCA buffers adversely affected by a proposed development or use shall compensate for the irnpact(s) at a mitigation ratio of at least 1:1. All development or uses that provide less than ane trivalent area of com ensalion for impacts shall re wire a critical areas stewardship lan or a reasonable economic use variance. Impacts to I: WHCA buffers that are well-developed, well-established. and/or have uniatte natural habitats consisting pritnarily of native Dlant species shall require greater than 1:l compensation (e.g., this could incl ude_but isnot limited to, buffers consisting of tall trees, areas dominated by native species; areas considered a Drioritv habitat by WDFW: or habitat conditions that [lave the potential to support rare plank), 18.22.280 Conditions. (1) General. In granting approval for a project application subject to the provisions of this article, the administrator may require mitigating conditions that will, in the administrator's judgment, substantially secure the objectives of this article. (2) Basis for Conditions. All conditions of approval required pursuant to this article shall be based upon either the substantive requirements of this article or the recommendations of a qualified professional utilizing best available science, contained within a spee+alcritical area report required under this chapter. [Ord. 3-08 § 1 ] Article VII. Wetlands e The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 501100 18.22.300 Classification/designation. (4+Wetlands are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to supl ort, and that under normal circutnstances do su_p op rt, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bog, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July 1, 1990. that were unintentionally created as a result of (lie construction ofa road street or Iii hwa . Wetlands may include those artificial wetlands intentional! created from nonwetland areas to mitigate conversion of wetlands.. � �►�aesn�ae.,r�. a+aarrran�a�er�rtn (-21) Desigliatief Determination. As determined using the "eaH n Ne. 06 011 OF M 81'Aeyear U.S. Arinv Cor Sp of engineers Wetlands 7]elisteatiatl Mantra) (1987, or as amended] and the Ret.?ional Sunnlement: Western Mountains. Vallevs. and Coast Rep -ion (2010, oras amended), wetlands shall be designated as critical areas and regulated under this article regardless of size; provided, that Category IV wetlands less than one-tenth acre (4,356 square feet) shall be exempt from the requirements of this article when a report prepared by a clLia IiIied 4yetlan(] professional documents wetland size. and wetland category, and describes haw all of the following criteria are met: (a) The wetland does not provide breeding habitat for native amphibian species. Breeding habitat is indicated by adequate and stable seasonal inundation, presence of thin -stemmed emergent vegetation, and clean water; (b) The wetland does not have unique characteristics that would be difficult to replace through standard compensatory mitigation practices; (c) The wetland is not located within a fish and wildlife habitat conservation area (FWHCA) , ; FWHCA buffer as defined in the—&—.tionArticle VI of this chapter dealing with � AIH ^ and is not integral to the maintenance of habitat functions of an FWHCA; (d) The wetland is not located within a floodplain; (c) The wetland is not n _ _ _.�° e � within the i trrisd ction of the county a NkOFel:Re Of the sime EE defined by the ,.ount,,'s shoreline master program; (f) The wetland is not part of a mosaic of wetlands and uplands, as determined using the guidance provided in the wetland rating system: The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 51/100 (g) The wetland does riot score five or more points for habitat functions (based on the 2014 version of the Washington Department of Ecology Wetland Rating System, or as amended by Washington Department of Fcology). Wetlands less than one-tenth acre that meet the above criteria shall not be filled or otherwise altered. This exemption does not allow for unmitigated alteration of wetland area or functions. Alteration of an wetland, including wetlands less than one-tenth of an acre, shall require mitigation. (2) Classification. Wetlands _shalI be classified by a qualified wetlands professional using the Washington Departirient of Ecology Wetland Rating System 2014 version, or as amended). Wetland ratings shall not be based on illegal modification of the land. The wetland rating system is based on four categnries of wetlands: (a) Category 1. These wetlands are: (1) relatively undisturbed estuarine, wetlands larger than one acre, (2) wetlands orhigli conservation value that are identified by scientists of the Washington Natural Heritage Program/DNR; (3) bogs; (4) mature and old-growth forested wetlands larger than one acrgL 5) wetlands in coastal la ons: 6 wetlands that perforin many functions well (scoring, a total of 23 or rnore points). These wetlands: (I ) represent unique or rare wetland types• (2) are mare sensitive to disturbance than most wetlands; (3) are relatively undisturbed and contain ecological attributes that are impossible to replace within a human lifetime -,or (4) provide a high level of functions. b Calep-ory 11. These wetlands are 1 estuarine wetlands smaller than one acre or disturbed estuarine wetlands larger than one acre or (2) wetlands with a moderately high level of functions (scoring between 20 and 22 points total). c) Cateaory Ill. These wetlands are (1) those with moderate level of functions (scoring between 16 and 19 points total) or 2 those that can often be adequately replaced with a well-planned mitigation project. Wetlands scoring, between 16 and 19 point generally have been disturbed in some ways and are often less diverse or more isolated from other natural resources in the landscape than Category 11 wetlands d' Category IV. These wetlands have the lowest levels of functions (scoring 15 or fewer total paints) and are often heavily disturbed. These wetlands likely could be replaced, or irnproved in some cases. Replacement cannot be guaranteed in any specific case. These wetlands may provide some important functions. so they should be protected to some degree. (3) Sources Used for Identification. The following sources should be used to identify potential wetland locations. Sources include, but are not limited to: (a) United States Department of the Interior, Fish and Wildlife Service, National Wetlands Inventory. (b) United States Department of Agriculture, Soil Conservation Service (Natural Resources Conservation Service- 1, Soil Survey of Jefferson County Areas, Washington. (c) United States Department of Agriculture, Natural Resources Conservation Service, Hydric Soils List, Jefferson County Area. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 52/100 (d) JeNason County t(�ritical Areas +Mapping. The wetland maps prepared by the county have been produced for informational purposes only and are not regulatory devices forming an integral part of this article. [Ord. 3-08 § 1 ] (e} Washington Department of Ecology Coastal Atlas online snapping. 18.22.310 Regulated activities. Any land use or development activity shall be subject to the provisions of this Article VII, including, but not limited to, the following activities that are directly undertaken or originate in a regulated wetland or its buffer, unless exempted under JCC 18.22.070: (1) The removal, excavation, grading, or dredging of material of any kind, including the construction of ponds and trails; (2) The dumping or discharging of any material, or placement of any fill; (3) The draining, flooding, or disturbing of the wetland water level or water table; (4) The driving of pilings; (5) The placing of :.t rything that obstructs water movement, including but not limited to, surface water flow, surface water runoff, orrotsndwater infiltrationob4FK44vs; (6) The construction, reconstruction,-'e••-�, r expansion of any structure; (7) The destruction or alteration of wetland vegetation through clearing, harvesting, shading, intentional burning, application of herbicides or pesticides, or planting of vegetation that would alter the „",,.., etLa. r R fegiilatedexistinl~ wetland conditions- `these eliyilies mpi*r--r-ok+A- we4 pmeiiee gover-. oa ...,a .. 1011....,° ter. nn arw rr...a... n.... ... ..... A,..1 -. 1a,ts mlell;_', (8) AA et ,.� The alteration or modil'ication of water quality and/or water nuan3itvfest4f-4ii UP. M ; or (9) Wetland Buffers. In addition to those activities allowed in regulated wetlands in this article, the following activities are allowed within wetland buffers wiihakiL ha,ifi°_ to mee! the pivteetien standards or- -H+54 r e t -H+54�ld-S+tld' 1, se: E"F nele--,provided, that a wetland report and site plan are submitted that show the impacts to buffers are minimized and that qU disturbed buffer areas afeshall be immediately restored except as specifically allowed in JCC 18.22.070. (a) AcIiAties haviiig: un „al .,dveise i ,,.,cis , ti,.,,rrars and .1 adverse impacts, , regu'RW e4fti_ , 'ogstwrLictioil of low -impact passive recreational activities, such as pervious trails -that are no greater that five feet in width, nonpermanent wildlife watching blinds, and scientific or educational activities, and sports fishing or hunting; provided that The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 53/100 construction is limited to the outer 25 pcf-ceia of the buffer. Trails within buffers shall be designed to minimize impacts to the wetland, and shall not include any impervious surfaces. (b) Within the buffers of Category III and IV wetlands only, vegetation -lined swales designed for stormwater management or conveyance when topographic restraints determine there are no other upland alternative locations. Swales used for detention purposes may only be placed in the outer 25 percent of the buffer. Conveyance swales may be placed through the buffer, if necessary. [Ord. 3-08 § 1] 18.22.330 Protection standards. (1) General. Application for a project on a parcel of real property containing a designated wetland or its buffer shall adhere to the requirements set forth below. (2) Delinesttm E'ypes of Wetland Evaluations and Reports. An applicant submitting an prejeet application for a development, use, or activity on lands determined to be wetland or buffer shall also submit, and have approved, a wetland delineation report prepared based on as-�wd 4*SCC i8.2 � t� results of an on- site field investigation conducted by a qualified wetland professional using wetland delineation manuals specified in JCC 18.22.300(l). Additionally, et,iial„' apply The site evaluation and reports shall be coinpleted based on the following: (a) The roe Rtiwi ..e,.r.e wetlf.,.a and its be.1— dere ..dined 1hrO t' ti _P er-'lff.YOHee 01'_a field .,n., aired : , flie Washington State Weflak ide.,:i+:,.mieH ..i.a Del-Reaki., A.t.,.,...,r, T,A_—Ii i-�'r9eeided heivaWetic` iii Reconnaissance. This type of wetland assessment does not require nagging of wetland boundaries or corn pletina a wetland rating form. It shall be used if°no_regulated wetland is present within 300 feet of the project area, which includes those areas that may be temporarily affected by construction - related activities or would be within the limits of construction. The wetland reconnaissance level of assessment reeduires the wetland professional to assess all areas within 300 feet orally proposed project cotnponent. A wetland reconnaissance letter shall be prepared by the biologist based report reyuirenients presented in Article VIII of this chapter. (b) Wetland Delineation. This type of wetland assessment shall be used ifany portion of the proposed project is within 300 feet of regulated wetland, including (hose areas that may be temporarily affected by construction -related activities or are within the proposed limits of'clettring_ The ort -site wetland boundary shaII be flagged in the field and flags shall be numbered sequentially= and a wetland raling fo_rnt_shall_be completed, as required by JCC 18.22.300(2). for each wetland identified. A wetland delineation report shall be prepared by the biologist based on report requirements presented in Article VIII (critical area reports) of tl is chapter. (hc) If the wetland is located off of the property involved in the project application and is inaccessible, the best available information shall be used to determine the wetland boundary and category. (d) Wetland Impact iteportin% if the proposal cannot avoid wetlands. a mitiga iou proposal shall be prepared by a qualified wetlands prol-essi2nal and a report shall be submitted that complies with the critical areas stewardship plan provisions. If the critical areas stewardship plan provisions cannot be The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 54/100 met, then a mitigation plan that meets the requirements of Article VIII (critical area reports) and the reasonable economic use variance criteria of JCC 18.22.090 shall be submitted. (e) The we I,,.,,I trot ake4-ae44+FAe--fiekl-. eEl UNder 1110 (i) Siiigle Family Residenees. The e m't;arF wetland del 2ti{ Fl-$ p3oi4 may 4-e waived by the adi:'"rtn'sir• in44Ri4ien ofa single f'oliik _ fT ITiy-¢—wGFCCCiFI[7evC•I [iCj iCox'7i. Ccc rill (A) C..E3f:a em itbr-in ,tio fists 44F .tr.g io a 4H!K+"e botliMarieq of a . ,etl.,...i .• igiot+" teaIienz aii (i3[ Th .I. fo , fesidenee and all Sty ,.a. it�t:c'itE.`El�-n +rrmrri7i :-♦ '4tcrrcifed in Table 18.22-33()( l., V i i F..., il. na: ... �..� a d 'fQualai Yed weilitli$7 evalkFf} aF" lfieansari±-ilidi duid s-oy-:_•r.,d find - eptable to rl-Me l ' n' tom.. 1h l - t i'i'.,., 014l,_. rS�..,.. blle.it 01'_1�t�1.-...i.•.. \Vffi-.illgt�_,..,-Stale ii't�'i ii$iir`,i�[izc�r'iri''rr5ii-it, rrr�-;•F�ciS�rciiFi�.Tir�'i�F�i�r�� �. We! Wid 14a! i iig Sys!ei:n ror Wesiem Wash ing4on (2004), kal agy N1 b! ica! ion No. 04 96 025.. E) € �r rYi iE delineation; and viisimiees '. ewified : Tables �S .22 330(i) (2) and (3) F.-...,, tl,., a tip at.,�1_weil.�.,.-1_hati.,diffy. im. rca�-�s,T. � -rc , (3) Wetland Buffer Requirements. 'Tlie wetland raging=, spores and the category shall be determined by a glialif ed wetland professional and must be submitted to the department for review and approval. oval. Wetland buffer widths shall be prescribed and established based upon the category of the wetland, the wetland rating scores and the impact level of the proposed land use. The resulting buffers are shown in Tables 18.22.330(1), (2), and (3) (for low, moderate and high impact land uses). A Imildingsetback of 10 feet is rccluired frons the ed&e of any wetland buffer. I t ti+trti d_Fati,ig we.i ,. ds. (b) TheFe are tliFee laiij tire iliipaei leye! iypes. F-aeli !ype iS ffesemed with !14@ table eemfliHing 4 buffer widdis kll irtsc-bed-k 44 -as or-)- The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 551100 (e) P . el..En .l ns I: ,-a ,idi ..i,..: Fi, i..fkeF aiS+.,.tom-•.tee; A Wl1l:eF d'stanee it thefsF ! distanee-I pr-oposed developmeni e , be to the . ,e(lan�y', ¢i i) The H+rtvr d I' ci",, c�r�9crrnciscrnrr-m} ri rl �I t,.. oda rima n.d 1, ,i i F�eA �e�el tnd evaluator • !. c�ricjv carnes ,...,.ndaia" �.s d ..�,k.....,d by w :i:.,.�..-A :'t is4lie Fespellsi ;ai;' the heading. r, ...d 4 ,. the (iii)1•.••1 The A n! Baki.,,da . Option h i � i'F diStaliGe! based en the appa kTL iT�L �� ETCRi: T`T�J[L'�JCr'"i'�TS-[�FiC]�SkT ['�iC'�• will `, *eta! `h _t„','..r..�,..'I""ic'rtcd � • 4"liTeF-withe Wf tF dist R..t.,"... SIIO,k...ill 1h wiia- a-me----I--ti'E'dr 1:.em fl e.a en! . ,eiland boti.,.I.,.-.. 0No ,; ---- - -ma - - - --- -- -- - (:54) Buffer Marking. Upon approval of the delineation report, the location of the outer extent of the wetland buffer shall be marked in the s e'aidentified as follows: (a) A . ,am physical iWicaieF a'9110 the 0131drid boundary of (lie --veikmd btAim- wea shall 1.)e i.s• k��peF..,.,Rer,kl;. •„ ,:.,r..i.,b.a The outer extent of the wetland buffer shall be ffgUed onsite. (h) rti.,ri.,., , .,.. ,Brei a. -eS, i,..d+�. ffiliiOte .5 S ii be Hiadked With te.,,.,n aPy Sin.,.. n, OR ...... Val 01'011e per pffeel oF eN'eF5' 100 !;Re!, WhiC-heYff *S less. Sigiis shall t;emaiii i1i p1me 1) r to and B uff-erDO �.. face _�,ek ,� •. (c b) In the case ❑f` short plat, long plat, and binding site planand site- fel royals - e, the applicant shall include on the face of any such :,,. ; em alai—the boundary of the wetland and its buffer. (plc) 4+ rr..:.nFi .t,n, r[,.,Il w ri'4ii?+El--�,-iJ-l3-J•ii� . .. °'- '' .. a te.. Slue' e..,.,.i: el- restk-ioio 1xfrM^ v.� __--,:'.iRg aF_'_c:iae�,.For all other approvals, the administratorsha-lI have the authority to require a notice to title be recorded on tale property by the properly owner prig to any -Permits may be issued. (d) The administrator shall requires sians_be_ posted at the buffer edge if the proposed activity is commercial or industrial. or if the activity is oropgsed on public lands. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 56/100 (65) Buffers— Standard Requirements. (a) The administrator shall have the authority to require buffers from the boundaries of all wetlands as established by this article, and in accordance with the following criteria. (i) Wetland buffer widths shall be measured along a horizontal line perpendicular to the wetland boundary as marked in the field during delineation if required, or based upon site investigation, aerial photographs, or LiDAR images. (ii) Functionally isolated buffer areas are those areas separated from a wetland that do not protect the wetland from adverse impacts. Buffers need not include areas that are functionally isolated and physically disconnected from the wetland by a substantial developed surface such as a dike, building, parking lot, or road. In determining whether or not a buffer area is functionally isolated, the administrator shall take into consideration whether or not the isolated buffer area is used by wildlife to gain access to the wetland. In instances where substantial wildlife use is documented, the area shall be retained as buffer despite being otherwise isolated or disconnected from the wetland. (iii) When a buffer is on a slope steeper than 40-30 percent, and/or lacks adequately dense and diverse vegetation, the administrator may deny a proposal for buffer reduction or buffer averaging. (b) The prescribed buffer widths shall be established on the basis of the following factors: (i) The wetland': • alu ..F selisitivity io tii_Hi*4imet-'-ba-'-'.-"w i! , category (I, II, III, IV) as determined by the toial seei- scoring results on the rating form for the wetland rating system; and {ii) The expected level of impact of the proposed adjacent land use, as determined from Tables 18.22.330(1), (2), and (3). The administrator may determine, on the basis of detailed information from the applicant about the site conditions, scope, and intensity of the proposed development, that the proposed land use will have a lesser level of impact on the wetland than indicated by similar land uses on the list. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 57/100 Table 18.22.330(1) WETLAND CATEGORIES, RATING SCORES AND BUFFER WIDTHS FOR LOW IMPACT LAND USES Low impact land uses shall include the following: • Private driveways serving no more than two residential parcels; • Unpaved trails (when not exempted by JCC 18.22.070); • Utility corridors (private or public) without a maintenance road_andfor ►vithout vegetation management; • Landscaping, lawns, gravel driveways, etc.°, • QUtduor i:iarijtiana gro4v [ fence Lonly The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Buffer Width with Additional Distance Wetland Characteristics nn Ment from an Wetland Category • Habitat (H) `x'^„ etinnd Apparent • Water Quality (WQ) Beu-ndaFy `x, Beundnn, (Not IV [Total of scores less4an 15 points or 25 feet 4=29 feet (Total of scores for all functions is less than 15 points or less) III LL score; 8 -- 9 points] 150 feet 4=30 deet (Total of scores for all [With score 5 — 7 points] 75 feet functions is 16 — 19 [H score 3 -4 WintsNol 3iaeei4ig-aloe 40 feet points) 4Waelef ] II [WQ score 8 — 9 points and H score less 50 feet *40 feet (Total of scores for all than 5 points] functions is 20 — 22 [H score 8 — 9 points] 150 feet points [H score 5 — 7 points] 75 feet or having "special [Estuarine] 75 feet characteristics" _[Interdunall identified [Not meeting above characteristics] 50 feet in the rating form) I [WQ score 8 — 9 points and H score less 50 feet (Total of scores for all than 5 points] functions is more than 23 [H score 8 — 9 points] 150 feet points or having "special [H score 5 — 7 points] 75 feet characteristics" [Coastal Lagoon] 100 feet [Estuarine] 100 feet The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 58/100 WETLAND CATEGORIES, RATING SCORES AND BUFFER WIDTHS FOR LOW IMPACT LAND USES Low impact land uses shall include the following: • Private driveways serving no more than two residential parcels; • Unpaved trails (when not exempted by JCC 18.22.070); • Utility corridors (private or public) without a maintenance road.and/or without vegetation- nanagenlent; • Landscaping, lawns, gravel driveways, etc.;, • Outdoor marijuana grow (fence onlv). The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Buffer Width w4th 4= An Addifiennl Hisfanee Wetland Characteristics an from an Wetland Category • Habitat (H) Wetland Appnrent • Water Quality (WQ) UoundnFy (Delineated) Mleflund Bones (Not identified [Wetlands with High Conservation 125 feet in the rating form) Value] 125 feet [Bog] Buffer width based [Forested] on score for H functions or WQ functions [Not meeting above characteristics] 50 feet Note: Wetlands shall be classified using the 2001asliiiir�it�m4 enl 2014 version of the Washington State Department of Ecology's late -Wetland ]tating Systern (Publication No. 14-06- 019), or as amended. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 59/100 Table 18.22.330(2) WETLAND CATEGORIES, RATING SCORES AND BUFFER WIDTHS FOR MODERATE IMPACT LAND USES Moderate impact land uses shall include the following: • Single-family residential use on parcels of one acre or larger; • Private roads or driveways serving three or more residential parcels; • Paved trails; • Passive recreation areas; • Utility corridors (private or public) with a maintenance road; • Class IV -General forest conversions, including conversion option harvest plans • liidoor niarijuana gry�v on parcels of one acre or larger • Marijuana processing on parcels of one acre or larger. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Buffer Width * An Additional Distanee Wetland Characteristics: with an identified from nn Wetland Category • Habitat (H) Wetland went • Water Quality (WQ) Boundn", Wetland Boundary (Delineated) (Not Delinented) IV {Total of scores X15 points or less} 40 feet *20 feet (Total of scores for all functions is << .- ! 1i ; 15 points �-, III H score 8 — 9 points 225 feet 4=30 fee (Total of scores for all H score 5 — 7 points} 110 feet functions is 16 —19 fel score 3 - 4op rots a 60 feet points) efiameteFistiej II f WQ score 8 — 9 points and H score less 75 feet 449 feet (Total of scores for all than 5 pointsl functions is 20 — 22 f H score 8 — 9 points} 225 feet points or having "special f H score 5 — 7 points) 110 feet characteristics" f Estuarinei 110 feet identified in the rating _¢interd-unall form) fNot meeting above characteristics, 75 feet I WQ score 8 — 9 points and H score less 75 feet 450 feet (Total of scores for all than 5 points' functions is more than 23 H score 8 — 9 points) 225 feet points or having "special rH score 5 — 7 points} 110 feet The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 60/100 WETLAND CATEGORIES, RATING SCORES AND BUFFER WIDTHS FOR MODERATE IMPACT LAND USES Moderate impact land uses shall include the following: • Single-family residential use on parcels of one acre or larger; • Private roads or driveways serving three or more residential parcels; • Paved trails; • Passive recreation areas; • Utility corridors (private or public) with a maintenance road; • Class IV -General forest conversions, including conversion option harvest plans, • Indoor marijuana grow on parcels of one acre or larger: • Marijuana processing on parcels of one acre or lar er. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Buffer Width *-A n Addition 1 Distanee Wetland Characteristics: with an identified €ref -an Wetland Category • Habitat (H) Wetland Apparent • Water Quality (WQ) Beu-ndnry f He{+ Mlefland eated�BoundaFy (#a4 Delineated) characteristics" 'Coastal Lagoon- 150 feet identified in the rating fEstuarine4 150 feet form) ¢Wetlands with High Conservation Value- 190 feet [Bog} 190 feet f Forested-> Buffer width based on score for H functions or WQ fNot meeting above characteristics functions 75 feet Note: Wetlands shall be classified using the 200' -mi� 01, lien g ' . Welland kir-1-1-0- "ke0iot.. Ptiblic t: , N, n,, 06 n-1;)-, 41.ie-2014 version of the Washington State Department of Ecology's '.',_'p Welland Rating, System (Publication No. 14-06- 019), or as amended. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 61/100 Table 18.22.330(3) WETLAND CATEGORIES, RATING SCORES AND BUFFER WIDTHS FOR HIGH IMPACT LAND USES High impact land uses shall include the following: • Single-family residential use on parcels smaller than one acre; • Commercial, multifamily, industrial and institutional uses; • Public roads, • Hobby farms: • High-intensity recreation (such as golf courses, ball fields); • Marijuana indoor grow on parcels less than one acre: • Marijuanavrocessing_on parcels less than one acre: • Marijuana retail. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. *An Buffer Width with Additional Histnnee Wetland Characteristic: an 1denti€ied €reM-nn Wetland Category • Habitat (H) `x'„ etland Apparent • Water Quality (WQ) Boundary Mlefland Boundary (Delineated) (Not Hel inea tech) IV (Total of scores X15 points or 50 feet A deet (Total of scores for all less} functions is X15 points or less) III I i score 8 - () paints 300 feet 4=39 deet (Total of scores for all f A4t4-H score 5 - 7 points} 150 feet functions is 16 - 19 -i: Ciel 1 score 80 feet points) 3-4 points} II f WQ score 8 - 9 points and H score less 100 feet 1 *40 feet (Total of scores for all than 5 points} functions is 20 - 22 LH score 8 - 9 points} 300 feet points or having "special fH score 5 - 7 points? 150 feet characteristics" (Estuarine} 150 feet identified in the rating [_-Interdtnal] 150 feet form) fNot meeting above characteristics} 100 feet I fWQ score 8 - 9 points and H score less 100 feet (Total of scores for all than 5 points- functions is more than 23 f H score 8 - 9 points} 300 feet points or having "special f H score 5 - 7 points} 150 feet The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 62/100 WETLAND CATEGORIES, RATING SCORES AND BUFFER WIDTHS FOR HIGH IMPACT LAND USES High impact land uses shall include the following: • Single-family residential use on parcels smaller than one acre; • Commercial, multifamily, industrial and institutional uses; • Public roads; • Hobby farms: • 1 -1i0 -intensity recreation (such as golfcourses. ball fields); • Marijuana indoor grow on parcels less than one acre: • Marijuana processing on parceIs less than one acre, • Marijuana retail. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Buffer Width with Add kiennl Msta-eee Wetland Characteristic: an identified from an Wetland Category • Habitat (H) `x'„efland Appnr-ent • Water Quality (WQ) Boundary (D Wetland BgundnFy elineated) (Not Delineated) characteristics" (Coastal Lagoon 200 feet identified in the rating f Estuarine;, 200 feet form) f Wetlands with High Conservation 250 feet Value4 250 feet fBog Buffer width based (Forested -I on score for H functions or WQ functions fNot meeting above characteristics4 100 feet Note: Wetlands shall be classified using r,., new of •log)`% Weiland 025),1 ire 2014 Washington State Department of Ecology's ate -Wetland Rating System (Publication No. 14-06-019, or as amended. Note: Wetland buffer widths for high-intensity land uses may be reduced to buffer widths for moderate - intensity land uses if the applicant can demonstrate that (1) a 100 -foot -wide corridor is protected through legal means (e." conservation easement) between the wetland and any other priority habitat. as defined by Washington Department of Fish and Wildlife, and (2) all measures to minimize impacts are implemented, including but not lirnited to. those specified by Washington State Department of Ecology (October 2014 modifications to Appendix 8-C- of publication number 05-06-0008, or as amended). The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 63/100 (76) Reducing Buffer Widths, Upon submission of a speeial -critical area report by a qualified wetland professional that demonstrates a buffer reduction does not have an), ver -se impac4adversely affect -©n the existing functions and values of the wetland;and tii:i, it is not �cass':l.�le to a1e3c to the standard buffer width, the administrator shall have the authority to reduce the prescribed buffer widths, (within a d4�o� area} listed in the section above; provided, that all of the following shall apply: (a) The wetland buffer of a Category I or II wetland is not reduced to less than 75 percent of the .t+i�e+d-standard buffer or 50 feet, whichever is greater; and (b) The buffer of a Category III or IV wetland is not reduced to less than 75 percent of the required buffer, or 25 feet, whichever is greater; (c) The applicant implements reasonable measures to reduce the adverse impacts of structures and appurtenances on the subject parcel as determined by the administrator; and (d) Buffer area reduction shall be minimized to accommodate only those structures and appurtenances as approved by the administrator. (87) Averaging Buffer Widths. Upon submission of a spm critical arca report by a qualified wetland professional that demonstrates a buffer reduction does not haN,e any dversely affect the existing functions and values of the wetland and that if is not possible to adhere to the standard buffer the administrator shall have the authority to average wetland buffer widths on a case-by-case basis; provided, that all of the following shall apply: (a) The buffer averaging does not have any adverse impact on the functions and values of the wetland and provides ji,,reater protection of the wetland; and (b) The total area contained within the buffer after averaging is no less than that which would be contained within the prescribed buffer, and the buffer boundary remains more or less parallel to the wetland boundary4n-aR4er-t{�viiici-ti e c+e € pareltat ; and (c) The most sensitive, or highest value, areas of the wetland have the widest buffer dimensions, and the buffer boundary takes into account variations in slope, soils, or vegetation to optimize the overall effectiveness of the buffer; and (d) The minimum buffer width is no less than 75 percent of the standard prescribed buffer width; and (e) The buffer has not been reduced in accordance with subsection ('i(,) of this section.- gLbuffer averaging is not allowed if the width of the entire buffer has been reduced already)..ed ;Ord. 3-08 § 1], and If area of buffer reduction is cont osed of native trees the buffer reduction shall not be approved unless the area of buffer increase consists of native trees of a similar size, •awe, density, and species composition as that in the area to be reduced. (8) For buffer reductions greater than 25 percent of the standard buffer width, an applicant shall Submit a critieal areas stewardshi an plan (,GASP); provided, the proposal can meet all CAST' provisions. A The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 64/100 reasonable economic use variance shall be required if any of the CASP provisions cannot be met. CASPs sltall be prepared b a uatitied wetland professional based on provisions in Article Vlll (critical area reports) and Article IX (CASPs) of this chapter. (9) Increasing Buffer Widths. Buffer widths mays be increased on a case-by-case basis, as determined by (lie administrator, to protect the functions and values of a wetland. Supporting documents that i nay be used to support -this determination, include but are not limited to: (a) The wetland is used by, or has habitat features that could be used by, state or federally listed threatened or endan ered species: or (b) The wetland serves as nestin or r foragina habitat for raptors or great blue herons-, or c) The area adjacent to the wetland is susceptible to erosion or landslide: or (d) The area adjacent to the wetland has minimal deep rooting. native vegetation and/or the slopes are greater than 30 percent. 410 _ _ 1M, HIS- ffid I. — _..--.ea :...1.:. ,.w.,..+e. `H1 ..1.,.1 511811 a:%.r�r_ ewimie^ afl woffiram Eflet ed.5 w lii-tIidurjag .,a Aef ^��Drainage and Erosion Control. In addition to complying with the stormwater requirements ot'Chapler 18.30 JCC, the applicant must clearly show in the wetland report that stormwater quantity, gLtality-and flow_Wth post -construction will he comparable to pro` -construction conditions. (1 1) Building Setback. A I0 -foot building setback, measured horizontally from the edge of the buffer, shall be required, and values nrr_ssx:.•L: near:eltund_and r ilia s_Cl,�,yyer4to . r4ler4 od pa4fh� nis of XC .,`Gaeement, LLHI#ii�.:n..lvow+ied-4L-aeFThWwLiRew-rvkm-.,r•a.,ofe j iace ianee it•i.} . bseeilens (!)(a) and 117(b) .-.L his riee+:.... whir -13 d +Izot 11,.. sed spa+:,,il:�,c_..,:I I F .-..1+ c" -sal! Trrr* 171YlRTlfill Yi!'i1TTT..RISST!'R47i11!!lT.tiUm The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 65/100 Nit- hejw—app d-He"fles-will result ; .aase-4i4�4w*Fi w and-vnitie (i 1=le tti ac-tivit L.,,0k_be_.."duete k+ig+ke4yf)e(s-}ef4eE)1s er I aehineP,. tom„; atm (i 7Tr1� �FhiFlkions ok-he ifi3diyiidkial 4"he A,:!! be eon g Elie en iaiweE ew-8E4v4y: 11� 11�.,,•I. el (tktt r of_L;....�� kJ -98+44 rnc-,Fm-_nrki� ricrn--v-�--rev )k`^f . 18.22.350 4 4itigi#i'r intnart nssessmcrtt aatci rttifi�tttinn. The overall goal of mitigation shall be no net loss of wetland function, value, and aefe-age rea. (1) Mitigation Sequence. Mitigation includes avoiding, minimizing, or compensating for adverse impacts to regulated wetlands or their buffers. When a proposed use or development activity poses potentially significant adverse impacts to a regulated wetland or its buffer, the preferred sequence of mitigation as defined below shall be followed unless the applicant demonstrates that an overriding public benefit would warrant an exception to this preferred sequence. a) Avoidinw, the ikivact altoactllcr by not takine a certain action or Darts or an action: (b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation; fc Rectifyirk; the adverse iknpact by retaairing, rehabilitating, or restoring lEie affected environment to the historical condition or the _condition existing at the tilne of the initiation of a project: (d)-Reducinp- or eliininating the adverse iinpact ,over Lillie by preservation and maintenance operation during the life of the action, e Compensating for the adverse impact by replacing. enhancing, or providing substitute resources or environments; (f) Monita.rinRthe required compensation and takin€-,awrooriate corrective measures when necessary. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 66/100 LA7-A v:A`+T ,i .ai.�1� �...rl,�r he At Itrs_r..t L . s. ; .,s,3i r� ..4', eli. n �I,.,r ,�.,i=60H-H1 tWhir,..... iHS flle Fegkildli ate_weiand OF t.- Itu fte.-. F the .c .rrc�� l , Tl 5'-ee. ..... � de of (he action.zmd itsil iiWmientat{Hi� IfLif i7T. .............. 1l41tlT.'! 2) impact Analvsis. All potential impacts to wetlands and buffers must be identified and described in the wetland report. Impact assessments shall be based on any potential impacts to the wetland or buffer, and shall consider direct and indirect impacts, permanent and temporary (lona-term and short-term) inipacts, and culnu€ative impacts. The impact assessment shall also identify all potential impacts of the project in ware Feet and shall include the area oftemporary construction -related impacts, (22) Compensatory Wetland Mitigation — General Requirements. As a condition of any permit or other approval allowing alteration which results in the _ Unavoidable . loss or degradation of regulated wetlands, or as an enforcement action pursuant to Chapter 18.50 JCC, compensatory mitigation shall be required to offset impacts resulting from the actions of the applicant or any code violator. (a) Except persons exempt under this article, any person who alters or proposes to alter regulated wetlands shall OF '•F&'° • } rp avide wetland mitigation that is equivalent to or larger than those altered in order to compensate for wetland losses. The following table specifies the mitigation ratios by categpory and type t)f null�aElon'�"' "i4"�" r""" "' . -- - Hai ion ilia i 1 Uilid, _ site, and is li�PFF to HF GOIWHI+0141,' wiIh alte-..4: thal must be used for compensatory wetland mitigation: Table 18.22.350 Required Replacement Ratios for Compensatory Wetland Mitigation Category and Re- Rehabilitation Re- Re- Enhancement Type of establishment or Only' establishment establishment Only' Wetland Creation or Creation or Creation Impacts (R/C) and (R/C) and Rehabilitation Enhancement (RH)' (E)' All Category 1.5:1 3:1 1:1 R/C and 1:1 1:1 R/C and 2:1 6:1 IV RH E The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 67/100 Category and Re- Rehabilitation Re- Re- Enhancement Type of establishment or Only' establishment establishment Only' Wetland Creation or Creation or Creation Impacts (R/C) and (R/C) and Rehabilitation Enhancement (RH)' (E)' All Category 2:1 4:1 1:1 R/C and 2:1 1:1 R/C and 4:1 8:1 III RH E Category II Case-by-case 4:1 Case-by-case Case-by-case Case-by-case Estuarine Rehabilitation of an estuarine wetland mato,.ofy rr 2-4 4-4 -E-"-J ai;►i44 Not considered Not rn 6 Gp]Y]x]ensa4ien R44 an Option cTl'f has te be h to he Gempensati apgow Wetlandwet t.. ho ii;teri;-1 All Other 3:1 6:1 1:1 R/C and 4:1 1:1 R/C and 8:1 12:1 Category II RH E Category I 6:1 12:1 1:1 R/C and 10:1 1:1 R/C and 20:1 24:1 Forested RH E Category I 4:1 8:1 1:1 R/C and 6:1 1:1 R/C and 12:1 16:1 Based on RH E Score for Functions Category I Not considered 6:1 R/C not R/C not Case-by-case NaIaFal pal-;pcwsihle' Rehabilitation considered considered Heritage of a Na4ural possible' possible' &4eWetlands Heritage with Hijzh &4ewetland with Conservation high Val ue conservation value Category I Not considered 6:1 R/C not R/C not Case-by-case Coastal {jo%ib-lam' ossible Rehabilitation considered considered Lagoon of a coastal possible' possible' lagoon The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 68/100 Category and Re- Rehabilitation Re- Re- Enhancement Type of establishment or Only' establishment establishment Only' Wetland Creation or Creation or Creation Impacts (R/C) and (R/C) and Rehabilitation Enhancement (RH)' (E)' Category I Not considered 6:1 R/C not R/C not Case-by-case Bog 1o4,4k4e3hussiblC Rehabilitation considered considered of a bog possible' possible' Category I Case-by-case 6:1 Case-by-case Case-by-case Case-by-case Estuarine Rehabilitation of an estuarine wetland ' These ratios are based on the assumption that the rehabilitation or enhancement actions implemented represent the average degree of improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower ratio, while less effective actions may result in higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation and enhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation and enhancement will result in a ratio that lies between the ratios for rehabilitation and the ratios for enhancement. 1. 148 _Aete an. 32 —tea-+ r erkitg Si-tesWetlands with-hipC[]315e1-nation Val Lle, coastal lagoons, and bogs are considered irreplaceable wetlands because they perform some functions that cannot be replaced through compensatory mitigation. Impacts to such wetlands would therefore result in a net loss of some functions no matter what kind of compensation is proposed. Note: Each type of mitigation is defined in Chapter 18.10.130 under mitiRalian gives. Note: Wetland preservation may be approved by the administrator under limited circumstances on a case-by-case basis if preservation requirements are met as specified in Wetland MitLation in Mushinglon State, Part 1: A eng), Policies and Guidance, or as amended. (b) Compensatory mitigation may also be determined using methods described in C'alc:tdalir?g Cret i►.s and Delyils fur C®tgamscitort, Miti atFon in Wellands QL Ifestern Wa.shhi lqn: final Reporl (Washington State Department of Ecolo =v Publication #10-06-011. or as amended rovided that the mitigation is consistent witli Table 18.22.350 above. (c) Compensatory mitigation must follow an approved compensatory mitigation plan pursuant to this article, with the replacement ratios as specified above. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 69/100 (d) Compensatory mitigation must be conducted on property that will be protected and managed to avoid further development or degradation. The applicant or code violator must provide for long-term preservation of the compensation area. The administrator has the autharity torequire the applicant record a malice to title to ensure protection, (e) Compensatory wetland mitigation shall be designed to mimic natural wetland hydrology conditions, and shall not be used as a stormwater system to comply with Chapter 18.30 .JCC. (ef) The applicant shall . The albA ieant s de ffi; w4fa e44W ���orpost a mili gation performance bond to ensue t monitoring the site Occurs and making eaFi-eeiions contingency plans are impleniciijcd if the project fails to meet projected goals. Corrective actions must be coordinated and apU ved by dcpsartment of community dei clo and ent. f } m ++tHWH40the impae! aai d takeaplrre t� ecar��i ve 5 s (34) Compensatory Wetland Buffer Mitivation — General Requirements. a Wetland buffers adversely affected by a groposed development or use shall be compgnsated for at a mitigation ratio of at least 1:1. All development or uses that provide less than an equivalent area of compgnsation for impacts -shall require critical areas stewardship plan or a reasonable: economic use variance. (b, Impacts to wetland buffers -that -are well-developed, well-established, and/or have unique natural habitats consisting primarily of native1p ant species shall require -greater than 1.1 compensation (ems, this could include, but is not limited to, buffers consisting of tall tees: areas dominated by native species, areas considered a priority habitat by WDFW, habitat conditions that could support rare i(s).. (5) Compensatory Wetland and Wetland Buffer Mitigation — Type, Location, and Timing. (a) Mitigation is to be provided in the preferred order listed below. A lower order preference shall not be approved unless a report prepared by a qualified wetlands professional documents to the satisfaction of the administrator that a higher preferred option is not ecologically viable. Restoraliota (re.-establislitzlent or rehabilitation) is the preferred mititsation option: (ii) Creation (also referred to as establishment)may be approved if restoration is not an ecologically viable option: (iii) Lnhancement may be approved irrestoration or creation are not ecologically viable options, (iv) Preservation (also referred to as protection or maintenance) is the leastreferred mite ation option and shall be ermined onl • tinder limited circumstances when, based on a re ort prepared by a qualified wetlands professional, the administrator determines that no other option is ecologically viable. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 70/100 'l,1e and [lie r and to 1, . - , rn r7--�ariu 'rf ciTc. iicinarxr� xvru� (b) When the %„eiIand io he : ,,..ea k of Iim lie F1 fi.rFie!ioF}r�i-Ii�l{1i'-riN��td�{?FNj'1E'i��rAfi1(3ti z�«�,e_most likely io sueeeed witl,+-the I,:,.hes! t...�..,..Ra "iii o f kind rep! II �E-�-csar[�-rc'rT4crE4�}�aw-i�rao'rcivxr*T[*sa,�."13E 'x�l . v iccrm zrx�i ee,: en will here "'eet i end! (1 goal., i1::,. ei 5,ti,. 1e} M,.�bLSF 4T�r ..F l,:�r . c_.lLz_d:minisherl_weilan L t... es)._ Where ,,ref_ kiiid-feplaeeiiTc�Tr'' is-nEC�, eacnrate near ((4b) On-site compensation within the same sub-drainagg basin is preferred. The administrator may arove Q fof'f site compensation eafibe alloweEl-only if - (i) A mitigation Rlan. prepared byamt ualitied wetlands professional, documents that on-site mitigation is not feasible and that off-site initigation is ecologically preferable,- and (ii) No reasonable opportuluties exist on-site and within the same sub -drain basin.- and MM -On-site mitigation would result in the loss of hi)JI-gUality upland habitats, and (iv) Off-site mitigation has a greater likelihood of compensating for project -related impact; and LK)_On-site compensation is not feasible due to hydrology, soils, waves, or other factors; and (4jvi compensation is not practical due to probable adverse impacts from surrounding land uses; and (i4vii Potential fErwie� iwfl•-fllnetions IIld values at the site of the proposed restoration are significantly greater than the lost wetland functional values;, Y) Off sate eempeasmi an -0.4 11 otalae ata owrj{ *.,,, ). (c) Compensation outside of the sub -drainage basin may be approved by the administrator if an in - Neu fee pMgrarn is used. (e) Excep! in (lie case of e9ope �atiye e9inp !�S' OR: site aef"PeRsation must o6our wiihl-ff ti •1,.,1 ,.1, til e -.le .dl 11,d.t Caled. of OR4.e Lii`�-��iiTG-�'LSCCi7 r ,ld l� ik, IV & .- 64._..e '8 #Lffi.,r..ali_PFOVid@ r by C•alegOFY 1V Werl. RdS „•. ,.-r be ., ided 4:......,irl.;., !le desigH of the (4S�pt-iii the -Ease of eeEl ' arztiurx �n}nr�nusatio ^.--'--•- ... seleet eo eIiSx`! 4owsoes, r- .r.. �. ,rte..,... . . (i) R11 e.i_ dr 0 ed eld edl :re W11 ieh .-e ferineply wet Wids awl wliefe p yr.�.:." 1�..�)exTsts; alld ids. 1 `�` The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 71/100 �4) Upland sites, adjaeon! le weflands. if the upland is significantly di&!Wbed and does t 1�heappmpriaim, natural hydrology exists. (g(l) Construction of compensation projects must be timed to reduce impacts to existing wildlife and flora. Construction must be timed to assure that grading and soil movement occurs during the dry season. Planting of vegetation must be specifically timed to the needs of the target species. ! )-UJ.amsaLion must be comor to wetland_.... ,, where §kjW1feasible (i) Caapefmte-Cei:Hperrc erg Pr%�'eets. Ear pi-aieeis where elme=e;- meiv applicant,kl}-fiel#E''}- --)F]tl�i�li+ eoi:mpansaiien_prejeci if it ie.da,xranstFated thai- r�w�riie 6l irr-lieu Fee (1t.F) Program. An anolicant Mav Unt to use Z111 ILF oro,aram to compensate for inioacts to aquatic resources (critical areas) and/or buffers based on criteria listed below. Use of an ILFrp_ ogram transfers the res onsibility of pr xtvidingcompensatory mitigation frons the applicant to an ILF rod s"r�arzx sponsor. The sponsorina orpanic..ation is required to orovide mitiaation that complies with all rnitie-ation re(uirentents of this chapter. a) The ILF proaram may be used by an applicant as a wav to nni€ivate for proiecl impacts if the impacts to the critical area or buffer occur within an ILF prokram service area. If an impact occurs outside of an ILF Prmrarn Service Area an applicant may request that Jefferson County investigate the possibility of using the ILF progr_am_as instigation. The ILF program sponsor is under no obligation to acce121 mitigation responsibilities for im pacts outside a CLF program service area. b The gpplicant shall determine if there is a preference for using the ILF program over permittee - res onsible rniti ation to con ensate far unavoidable im acts. The COLInty may encourage an applicattt louse the li t_ jrrpZram, but shall not regUirean_applicant to use ILF for mitigation. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 72/100 (OThe administrator iitay approve an application using an ILI= program for mitigation il'the IL pftram sponsor accepts the mitigmion responsibility. The sponsoring oWnization has the right to dens tl�luest ii'the sponsoringorganization cannot fulfill all ILI= prograin mitigation. requirements. If the sponsoring organization does not accept the mitigation responsibility, the applicant shall be responsible for _ rop viding mitigation that complies with this chapter. The administrator shall not approve a permit involving, ILF mitigation until (I) the applicant has purchased the appropriate number of credits from the sponsoring organization and (2) the sponsoring organization has completed a statement of sale. (Ince the ILF prograrn sponsor completes the financial transaction with the applicant. the sponsor becomes responsible For completing the miti ration effort to comply with Jefferson County Code critical areas requirements and the applicable approved in-lieu fee program instrument. Article VIII. Speek Critical Area Reports 18.22.360 General requirements. (1) The administrator shall require a speeialcritical area report or reports -A,heR critic ' iHkj)ae e4ifany portion of'a proposed development or use has the potential to affect a critical area or buffer. (2) Special-C:ritical area reports f r efitioal are - shall be prepared for county review and approval. In addition to the antalicable report reuuirements presented in this article. critical area retorts shall address, at a mininium—the following:ineltide a seal ...n.., ril development (a) Describe the proposed activity; (lb) Describe existing site conditions; (c) Describe critical areas and buffers on the subject site; (d) Assess potential impacts to critical areas and buffers; (e) Propose mitigation for unavoidable losses to critical areas and buffers; (t) Present a figure showing the location of"critical areas and buffers on the subject site; (g) Present a scaled site plan that includes a north arrow, property 130tu7daries. existing structures and features on the subject site, and the limits of clearing needed during, construction; ( Identify amount of clearing, grading, and impervious surface on a Stormwater Calculation Worksheet; and (i) Present photographs of the subject site. (3) Critical area reports shall be valid for tip to five years from the date the reporl was prepared; provided, critical area conditions, including buffer conditions, have not changed during the five-year timeframe. The administrator shall have the authority to require a revised critical area report, as needed- to show the provisions of this chapter are met. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 73/100 inroer- des'el R.. Ierid-as.e propee-f,%Fti£ai �tte4i lc� ear,.: �,i ..n..n� cti���-41�a1� l ieet nraeta,:o., -4 18.22.370 Waivers. The administrator may waive the requirement for a sal -critical area report in litnited 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. (2) The minimum protection standards required by this chapter are satisfied. [Ord. 3-08 § 1] 18.22.380 Retaining consultants. Jefferson County may retain consultants to assist in the review of speei�crifical are�i reports outside the range of staff expertise. The applicant shall pay for the costs of retaining said consultants. [Ord. 3-08 § 1 ] 18.22.390 Acceptance of special -critical area reports. 1 The administrator shall verify the accuracy and sufficiency of all i;, , :,r .: reports within2 calendar days oftheir subinission. (2) If the administrator finds that a -�peeial critical area report does not accurately reflect site conditions, or does not incorporate appropriate protections mechanisms, the administrator shall cite evidence (e -.g.-, soil salilples. well leg Elaia. that demonstrates where the sperm critical area report is insufficient or in error. The applicant may then eitheFrevise and resubmit the spee-ialritical area report= •• uh �r�tf-�tl3er�sf�eciul-a��zr1;-t-���ppeaN.lie-aclr�ii�i�;frttive-{Tete+aa�ia�al�i�t1,=�°niis���,� rn..a 7 rro ,c � 18.22.400 Critical Aaquifer recharge area report (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 qualllityiinixtets. A critical aquifer recharge report shall be prepared ►shell required in Article 111 (critical aquifer recharge areas) of this chapter. (2) Critical Aquifer Recharge Area Report Content. An initial evaluation shall be made by a qualified groundwater scientist/engineer. The aquifer recharge area report shall include: (a) A detailed description of the project, including all processes and other activities that have the potential for contaminating groundwater; (b) A hydrogeologic evaluation that includes, at a minimum: The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 74/100 (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; (vi) An evaluation of existing groundwater recharge; and (vii) A discussion and evaluation of the potential impact of the proposal upon 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) Pmpased Provides _best management practices to minimize exposure of permeable surfaces to potential pollutants and to prevent degradation of groundwater quality; and (f) Requirements for a monitoring program with financial guarantees/assurances that the monitoring program will be implemented. (3) Professional Qualifications. The minimum qualifications for groundwater scientists and engineers performing groundwater and contaminant transport evaluations and preparing aquifer recharge area reports shall be established pursuant to acceptable industry standards for training and experience and as established by the state of Washington in the Washington Administrative Code or by statute. (4) County Review. Reports shall be forwarded to the Jefferson County department of ,l xl blic health division for technical review. Phe eM4011111t id Ileditil EliYiSi^i• "h"" Y the =i1 H 30 .aH_,S O' Feee0131 !e date.-mitie thei . adeqe� L -The county may request additional information in order to determine the adequacy of the reports and may rely on inIIui from Wash in ton De artmem ol.' Ecology. The administrator shall determine appropriate conditions as identified in the report to mitigate proposed land uses. f;;<adi:Fdnisu-iut3i- shall be HH11iffi:e tO" t'- ccn�ocr°Tce:T t35tti standards 1-eskm-g aiva p".......YF}!i-4 -this eade. Sue fees ill b. n.•,,.h..rm�iN410flie effi _ "tea Sehedu[o rn,.,a 3 04 § [ 1 1932 '010 Or He -and er-asion eonlreol plan. (1)Ge , StFuetul'a'! Of used singly or ki m ' n7 irrFiI reYC° *-M4V& Ee-i?E4k*i' !1 or wa The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code Chapter 18.22 CRITICAL AREAS DRAFT WORK PRODUCT SUBJECT TO REVIEW Page 75/100 (2) Qu I'.4'..,..'nRS_nf flie P' -O ai'eF. Will iti!ag'@-i4`.id el- si n eawi-tel platis_shalI be-.,..epaFedprofessional r ll .. y rum, OW t 18.22.420 Geoteehmeal repei4Geologjcally hazardous area reports. (1) General. -hisRd- -, shall : elude a deseFi . tieii al.�I,z,:. AI.,.., nr-C.1—P:M� I,,..:.. .When required in Article V, a site vi .conducted by a qualified Professional is required to determine if a aeoloizical1v hazardous area or buffer is resent. Based on the site visit a geotechnical letter ora eotechnical re ort shrill be prepared based on M uirements in Article V (geologically hazardous areas), the general report requirements of 18.22.360, and the re ort criteria specified in subsections 3 and 4 below. lythe professional geologist or engineer determines that a ma_ed geologically hazardous area does -not meet the descriptions in the JCC 18.22.160 1 the geotechnical letter or report shall state how the provisions of that subsection are not met and why the area is not subject to the provisions of Article V (geologically hazardous areas)_ (2) Qualifications of the Preparer. Geotechnical letters and reports shall be prepared by a licensed geotechnical engineer, a professional geologist, or a licensed professional engineer knowledgeable in regional geologic conditions with professional experience in landslide, erosion, oFaiid seismic hazard evaluations. All peoloically hazardous area letters. reports, tend drawiimzi submitted to the deparintcut of community evelopment shall be stamped and signed by the professional preparing the documents. (3) know* Geotechnical Letter. A geotechnical letter shall be prepared and submitted only if all project components, including, areas of temporaryimpact and the limits of clearing, are outside ol'all geolo ig cally hazardous area buffers, as described in the Assessment Level I description irl 18-22.170(6)(a), provided that the geologist or engineer is not proposing a buffer reduction. A geotechnical letter shall address the foliowing: (a) . iocltrd nW.Site location and site description. (b, Descri tion of proposed activity and of all 'eolo Okially hazardous areas and buffers in the vicinity of the project area. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 76/100 haFards Distance of the geologically hazardous area buffer and setbacks from the limits of elcarinr� shall be depicted on a site plan. which shall be included with the geotechnical letter. (d) Recommendations on appropriate protection mechanisms, if necessary, to minimize the risk of erosion or landslide. [Ord. 3-08 § 1] (4) Geotechnical report. A geoteclinicai rc-Mort shall be prepared and submitted if'aqypart of the proposed activity, illcltrding areas of temporary impact and areas within the limits of clearing, are within a geologically hazardous area or a buffer, as described in the Assessment Level 2 description its 18.22.170(6)(b), or if a buffer reduction is proposed. A geotechnical report shall contain the following information: a) Site location, including parcel number. b) Detailed description of proposed activity. c) Date on-site aeoloaic assessment was conducted and date resort was cornraleted. (d) Summary ofeg ologic information reviewed and analyzed (such as maps and reports) to determine the potential for geologically hazardous areas to he present. Based on this review,. identify the types of geol_tagicallyr hazardous areas and buffers that have the_ potential to occur within 200 feet of the project area. (e) Detailed description of the site, the geologically hazardous areas, and the buffers, including but 1101 limited to. surface and subsurface geoloa, hydrology. soils. and vegemation. (0 Detailed description ol'the results of the field investigation, including all geologically hazardous areas occurring on the site and within 200 feet of the proiect area. The description shall also address the stability of the of the hazardous areas and buffers at the time of the investigation and shall describe any past activity in the vicinity of the site or project area. (M Detailed assessment of (lie 2otential 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 JCC 18.22.170(2) and ,presents physical, structural, or managerial best management cent practices that prevent or reduce pollution of water. (i) In addition to comply ing with the clearu3g, araclirIg, excavation, and slorntwater --requirements rn .JCC 18.30.060 and 18.30.070, and ti}e 2014 Stormwater Manazemem Manual for Western Washineton (or as amended), a description of potential effects of the proposed activity on stormwater tLiantity, duality, and runoff patterns past -construction. The report must clearly indicate il'the proposal will affect or alter water movement to the geologically hazardous area and buffer ifthe pl�o sosal is implemented and identify measures to avoid or minimize alteration of Stormwater runoff patterns post -construction. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 77/100 ( If an activity is proposed within_a geologically hazardous area, the report shall state if the proposal can be safely constructed, Occupied or_used,_and shall iltclude any engineering design, and construction to protect public health and safety. (j) C011CILlsions and recommendations relevant to the proposed activity and existing site conditions. k Site plan showing location and extent of proposed development used during the site Visit, l Figure showing, geolggically hazardous areas and buffers relative to property boundaries the proposed ac_ti�Lity_and clearing limits, existing structures and other site feahtres, existing and proposed contours, and stakes placed onsite. (m) ifarading within a geologically hazardous area or buffer isproj2osed, the geotechnical report iTtttst address the Tt, ading requirements oFJCC 18.30.060, the clearing a»drgrading�arovisions of JCC 18.22.170(3), and shall be stamped by the engineer. ,.ra :.nr-vri-1 . . , . (2) QuHkAe4lloms Act (3) fi i Ci}ifr ,•"•nci-ZitTc.zrcYt'a"— "�r'adl£'c? r^t t illi-kili,I i ele .,t; of C,., sh a. mums fe : eh the .,i;. and proposed - � rnti-,-v'ii.i vr-rT �,., ,� Dirge ehaa9 —!F aPA .el -.-A r+ C�kBi (d* laije ! plans, ol'all n ,.F' ., , .,.,.I-5ifii'at: ta 0 7 .s;a,..edewees._- .3k1s_ r;4,1,;.,r. Am— and ..rl,o,. PFOPel-b' 01- WhiCk May be affecied b)' PFG. al•% A 1; ..ice. ,..;.-.,i EM ! eNtaltiaiiam F rl. e .o..r ,l impaet oti slii Fri"c'rF off_ F , J:.,s,_HPO.i_ I ice; .t l �L7C� 1]�7:}iTEASLliRR' R71T.!'A! a �JAJQ —WAN The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 78/100 18.22.440 14iilitH4--ice !Visit and wildlife habitat conservation prea rennrls. (1) General. T143 tit s. i mited The Ik a%h .,i„ rl , ,.. s' C i nr�l �l1 I F t) ..�f.. 1 1H;i1 EFt ai d Sp : _ � A aiiRg�'i1 en4- � "J v a i_ Recd" memidations Shall be thebasis fei4 tis fepaF6When required in Article VI, a site visit conducted by a qualified professional biologist is required to determine if a fish and wildlife habitat conservation area (FWHCA) or buffer is present. Based on the site visit, the biologist shall prepare a habitat reconnaissance letter or a habitat manaaemem plan. Habitat reconnaissance letters and habitat management placts shall be prepared based on requirements in Article VI (fish and wildlife habitat conservation areas), the general report requirements of 18.22360, and the criteria specified in subsections (3) and (4) below, If a proposed activity occurs within the FWHCA or the inner 75 percent of a FWHCA buffer and a critical area stewardship plan (CAST') is required. the GASP report shall also be prepared based on the r Ort reqtlirrnunts oi'Subseetion (4) Below. JCC 18.22AFF of this article, and Article IX of this chapter. (2) Qualifications of the Preparer. Habitat review letters, habitat_ management plans, and critical area stewardship plaii shall be prepared by persons who have a minimum of a bachelor's degree in wildlife or fisheries habitat biology, or a related degree in a biological field from an accredited college or university with a minimum of four years experience as a practicing fish or wildlife habitat biologist. (3) Habitat Reconnaissance Letter. A habitat reconnaissance letter shall be prepared and submitted only if all project compoTients, including areas of temporary impact and the limits of construction, are outside of all FWHCA buffers, as described in 18.22.265(1)(a); provided that no buffer reduction is proposed. A habitat reconnaissance letter shall address the following: (a) Identify the site location and describe the site conditions. (b) Describe the proposed activity. (c) Describe all FWI ICAs and buffers on theDpperty. (d) Present the distance of all FWHCAs and buffers from the limits of cleariniz, as shown on a site aii. The site PkIn used durirt g the site visit shall be included in the habitat review letter. (e) Photographs of the site and the FWHCAs and/or buffer. (4) Habitat Management flan. A habitat management plan sliall be prepared and submitted if any portion ol`the proposed activity, including areas oftemporary impact and areas within the limits of clearing„ are within a FWHCA or a buffer. as described in 18.22.26501(b), or if a buffer reduction is proposed. A habitat tnana eng mew plan shall address the following: (a) Site location, including parcel number. (b) Detailed description of all proposed project components relative to property boundaries, other on- site development, and limits of clearing. State whether or not in -water work is proposed, and if"so, describe timing and methods of construction., (c) Bate site; visits were made and date report was completed. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 79/100 d Summary of information reviewed such as maps and reports) to determine the potential for FWHCAs or buffers to occur on the property. Based on this review, identify all FWHCAs and buffers that may be present on or in the vicinity of the site or proiect area. (e) Describe the existing conditions on the property. 00 Detailed description of the field investigation resulls, including, habitat tyMss present on the ro ert , habitat conditions with FWHCAs and butlers, location of native vegetation on the property. and location of non-native or invasive vegetation on the property. The report should indicate if the critical areas extend offsite. If the site or project area is identified as notential habitat for threatened or endan Bred species, rovide dates and times of site visits methods used to determine presence or absence of listed species,_ methods used to determine if appropriate habitat occurs onsite or in the vicinity of the site, and results_Qftlle field investiation. I1 In addition to complying, with the clearing, radia excavation and stormwater requirements in JCC 18.30.060 and 18.30.070, and the 2014 Stormwater Management Manual for Western Washington (or as amended), describe any potential effects of the proposed activity on stormwater QUantity, gUality,and rurlaff atternspost-construction. The report must clearly indicate if the proposal will affect or alter water movement to the FWHCA and buffer it the ro osal is implemented and identify measures to avoid or minimize alteration of stormwater runoff patterns post-constniction. (,i) Identify all potential impacts of -the proposed activity on FW14CAs or buffers. Impact assessment shall include: (i) Mitigation Sequencing, Describe measures to avoid impacts to F Wl-ICAs and buffers. For any Unavoidable impacts, describe all project components that cannot avoid impacting the FWFICA or buffer, and why the impacts cannot be avoided. Identify measures taken to minimize impacts. (ii)TyMs of Impacts. All potential impacts to FWl iCAs 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 Iact Area. The areas care iota ae or Votenfial int act shall be q tlantifled for each FWHCA and/or buffer. At a minimum, impact. area shall include FWHCA or bulf"er that occurs within the limits of clearing,as shown on the site plan.. (iv) Funcaional Impact The impact assessment shall describe how FWHCA and buffer functions will be affected by the Rronosed development or use. The assessments shall consider how the proposed activity will affec! natural processes. Provide a detailed miti ration elan fior any unavoidable im acts. Mit'r ration plans shall include: i Descri ption of Ilse mil ration area and SUitabi I i ty of the area to compensate for int pact area and functions. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 80/100 (ii} Detailed description of tile rniti Tatonproposal. (iii) Goals and objectives of the mitigation, including a detailed description of how the proposal will compensate for impacts. (iv) Table identifying impact areas (in square feet) and functions affected for each FWHCA and buffer that also identifies miti atiotl 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). (v) Mitigation plans shall include performance standards that are applicable to the goals and objectives of the mitigation effort. Monitoring shall be required an11t1ally for five years and gUantiflable performance standards shall be specified in the plan far each of the five years monitoring. (vi) A planting plan that lists [lie species to be planted, including Quantity andlap nting density of each species to be installed. vii Monitoring schedule 111011itOrill methods and monitoring data to be collected shall be described. (viii) Contingency measures shall be described. If €rny_performance sianda.rd is not met, the administrator shall require contingency measures be implemented and may extend the monitorin period beyond rive years to ensure FWHCAs and buffers are adequately mitigated and protected. (ix) Figure showing, existingconditions. including elle property boundaries. the location of the proposed activity and limits of ciearin& existing, structures and other physical features on the property, the location of all on-site FWHCAs, and all on-site FWHCA bufTers. This fig>.Ire shall be to scale using an easily readable (engineering,) scale. (x) Figure showing; impact areas on theproperty. F igurc must be to scale based on an engineering scale and shall show all FWHCAs and buffers potentially affected by the proposal relative to the limits of clearing, property boundaries, and existing site Features. Type of it1i act and area of impact in square feet, as described in subsection (4)(i)(ii) and (iii) above shall be included on the ROLL (xi) Fi �tn'eg shoving mitigation areas on (lie property. Figure must be to scale based on an en ing eering scale and shall show all mitigation areas proposed on the property. Square footage of each mitigation area shall be shown on the figure. If buffer averaging is proposed, the area of increase shall be shown relative to the area of decrease on the figure. NO Photographs of the site and the FWHCAs and/or buffer. 5 Wany portion of the proposed activity is within a FWHCA or the inner 75 percent of a standard butTer, a critical area stewardship plan shall be required and the report shall also address requirements in JCC 18.22AFF of this article and comply with Article IX (critical area stewardship plans). if the provisions of the critical area stewardshin plan cannot be islet by the armlicani. a reasonable econornic use variance shall be required. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 81/100 (b) In -lieu Fee Program. A mitigation plan _sli_a_lI not be required Wthe 1LF program. its specified ill JCC: I8.22.21 EM(b)fiii), is used to mitigate proiect impacts. ,p t � ,, �T rrea ;aide scale, ijaei�FA:-- (a).­ 1. i>}#er+ t�ierr (H) Tile .-elal:.,.,..I,:.. laf file ._:rte, r.-..... r.-.,,•, A:.,..._t.�r..,ar.�..4_, :E.., n.•{ i..,1t....u1 ka,�t �...an• Ffut ���r• arc,, m-�c*rrs;xaiim-rr , (iv) l4i pesee'ia building ieieati9iliFrind aims= ngemei s-; and (%.) The boundaries of-femsnlcdr iriiS. f:i A [ to and .,te leg-aldesedpfloii a -er N$ 1 by fl,. t.• gege,«i., inelude the iota! acreage ofilie e .,., "i n_ , (iii) Date. iHekldhllLe Fevismen dates, Wappheable; mid (e) A •i4 flim eontains the following .f'•, nt. (4-A- E'ipkn a tl Hc'Iwre.. det„"ra4y-eii,44H'kensity of the-pFopos,,_�k- .-III '„ SuAA 4 detal1 toal1aw a .,1.,..is .,rsuch land . ehange ,'im ;� u,t.c.�_ :z-1,and _, .•.t ll:l� F,ol,:t,., , vim' mage upoji the fish of wildlife g.,ecies identified by the rlaFtEliec'rt 01';rr-rn--saki tix ildhf _wlihin the idenii fieri „ ..it, 1,nt,:t Aithe r;um.Y.,..,men! g1lidelliles; development (.l) Possible ,i igaiin. measilfes tl.nt • I ITkF! rafe 077••t limited t$; (ii) l2.•a.•. pyati„n .,f eFisieell,.:m-paFta t_.,Lnnts, and (me— (iii) - (Whoc”"sc`iciriirra'cSnicti`ivrrOf GFiiilitriiCtlQil e6lllaitie54 RF}Ei C+,] i:.•tr.hl:t.1, t: etiibl, f:-..eTwd�.c- - :1_14'n -ie ,in_.rlr,_ Z lQ . I1 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 82/100 18.22.450 Wetland delineation- reports. (1) General.:r wet -land -o- 0- 1-1-1 -- d shall be ...ed to identify the vt. 'ndRFieg-urr -Jor-'.f,,-t, ti of i,dese g ieEt we When rewired by Article VII, a site visit conducted by a auaiitied wetland nrofessinnal is rQuired to determine if a wetland or wetland buffer 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 ori re uirements Article Vll wetlands the general report reciuireinents or 18.22.300, and the criteria specified in subsections (3) and (4) below. If a proposed activity occurs within a wetland or the inner 75 percent of a wetland buffer and a critical area stewardship plan (CASs') is required,, the CASP repprt shall also be prepared based on the report requirements of subsection 4 below, JCC 18.22AFF of this article, and Article IX of this chapter. (2) Qualifications of the Preparer. Wetland deliHeatiefl shall be prepared by a Qualified wetland proi'essional +with wetlands education and at least five years of_expertise delineating wetlands and preparing wetland reports., a pFafesgimialu,e Eland s mist ,.,,f,ed 1, Nie Seeiety of Weiland Seientists. A person who has obtained a Society of Wetland Scientists Professional Wetland Scientist certification shall be qualified to prepare wetland re orts. (3) Weiland Reconnaissance Letter. A wetland reconnaissance letter shall be prepared and submitted only if al] the project components_ are at least 300 feet From areas ortem porary impact and the limits of clearhtg, as described in 18.22.330(2)(aa): provided that no buffer reduction is proposed. A wetland reconnaissance letter shall address the followin r: (a) Identify the site location and describe the site conditions. (b) Describe the proposed activity, (c) Describe all wetlands and buffers on the property (d) Present the distance of all wetlands and buffers from the limits of clearing, as shown on the site plan. The siteplart used during the site visit shall be included in the wetland reconnaissance letter. (e) Provide a wetland delineation field data form for all potential wetland areas assessed. Plot locations shall be shown on the: site plan that is attached to the wetland reconnaissance letter. M Photographs of* the site and the wetlands and/or buffer. (4) We!_I_ttnd Delineation fteporl. A wetland delineation report shall he prepared and submitted if any portion _of the_proposed activity is within 300 feet of areas of temporary impact and areas within the limits of-clearin, as described in 18.22.330(2)(b), or if a buffer reduction) is proposed. A wetland delineation report_ shall address the following a Site location including parcel number. L) Detailed description of all proposed project components relative to property boundaries, other on- site development- and the I imits of clearing: The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 83/100 e Date site visits were made and date reporl was completed. Summary of information reviewed (such as maps and reports) to determine the potential for wetlands and buffers to be present. Based on this review, describe wetlands and buffers that may occur within 300 feet of the proposed activity. e Describe existing conditions on thero eta�ty. M Detailed dgaaLp&n of the field evaluation results. including methOdS used to determine if wetlands occur onsite or within 300 feet of the VroRosed activiiL location and types of wetlands identified and buffer conditions. Discuss all on-site wetlands identified tential oft -site wetlands, and wetland ratin s and buffer widths. Indicate locations of wetland boundary flu—ging and plot flagging including flag color, type, and number. ,(g) In addition to complying with the clearin . prading, excavation, and stormwater requirements in JCC 18.30,060 and 18.30.070 and the 2014 Stormwater Mann ement Manual for Western Washin on or as amended describe any potential effects of the proposed activity on stormwater quantityquality,and runafl'_patterns post -construction. The report must clearly indicate if the proposal will affect or alter water movement to the wetland and 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 proposed activity on wetlands or buffers. Impact assessment shall include: i Miti ation Sequencing. Describe measures to avoid impacts to wetlands and buffers_ For any unavoidable impacts, describe all project components that cannot be avoid impacting wetlands and buffers, altd why [lie impacts cannot be avoided._ Identify any measures taken to minimize impacts. (-ii) Types of Impacts. All potential impacts 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 impact shall be gLIWItified for each wetland and/or buffer. At a minimum im act area shall include wetland or buffer that occurs within [lie limits of clearing, as shown on the siteQlatt. f iv) Functional Impact. The impact assessment shall describe how wetland and buffer functions will be affected by the proposed development or use. The assessments shall consider how the proposed activity will affect natural processes. (i) Provide a detailed mitigation plan ror any unavoidable impacts. Mitigation plans shall include: (0 Description of the mitigation area and su_ilability of the area to compensate for impact area and functions. NO Detailed description of the miti ag tion proposal. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 84/100 (iii) Goals and objectives of the mitigation, including a detailed description of how the proposal will compensate for impacts. (iv) Table identifyinm Impact areas (in square feet) _and functions affected for each wetlands and buffers 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). Lv Miti tga ion_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 cluanli liable perfonnance slandards shall be specified in the „plan for each of the five years of monitoring. (vi) A planting plan that lists the species to be plantedLincluding auanlity and plantingdensity of each species to be installed. (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 _arlecivat illitialed gild protected. (ix) Wetland determination field data forms shall be included in the wetland report. Forms shall be legible and sufficient forms shall be submitted to demonstrate all potential wetlands were identified onsite. (x} Wetland rating form ror each wetland identified shall be inCluded in the wetland report. xi Figure showing, exist intK_conditioits, inc.ltldirt tg�lie property_boundaries, tlic ic,cation ol'the proposed activity° and limits ofcleadng, existing structures and other physicaI features on the properly, llle location of all an -site wetlands and buffers location of wetland boundary flay in and numbering, and identify plot locations. This figure shall be to scale using an easily readable (eilg,itleerlll ]�. (xii) Figure showing impact areas on the property. Figure must be to scale based on an engineering scale and shall show all wetlands and buffers potentially affected by the proposal relative to the limits of clearing, property boundaries, and existing site features. Type of impact and area of impact in square feet, as described in subsection (4)(h)(ii) and (iii)above, shall be included on the figure. (xiii) Figure showing miti,gmion areas on the property. Figure must be to scale based on an engineering scale and shall show all mitigation areas proposed on the property. Square footage of each mill ation area shall be shown on the fi ure. If buffer averaging is proposed, the area of increase shall be shown relative to the area of decrease on the figure. (xiv) Photographs of the site and the wetlands and/or buffer. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 85/100 5 If any portion of the proposed activity is within a wetland ot'_the inner 75 percent ol'a standard buITCr. a critical area stewardship plan shall be required and the report shall also address requirements in JCC 18.22AFF of this article and comply with Article IX (critical area stewardship plans). if the provisions of the critical area stewardship Qlan cannot be met by the applicant. a reasonable economic use variance shall be required. G In -lieu Fee lick >ram. A rniti gation plan shall riot be req uired if the ILL program. asspecified in JCC 18.22.350(6), is used to mitigate project impacts. (i) Wetland h. Und.afieS; A a pleie at a •ate legal by the t.•`.... --FFtli;-5C-c9•tc-tYl�c`li-T'�vi•nl-'r-iirrviM5', (:ii) Paw, iRekldilig FeN,kien , 2lH" (e) A_. wi that ......,..ails the f ll.aa..;.,g i iif........ariam 44"+i Fhe Washing on a uc-. leilands MEHitKA,MaM! 1007 OF aS .-,ded heFea4vr• +�-�rracd-4�-�e-;iii;-;�r►�v�y-I`�lef#�;.���� . O , oftile c-; ,rtzscmss-era•-rl4eal-r;=^ F .1881 ties" ei.IF - m , The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 86/100 w -a etas- llwd-phet I,�sh and Wildl:4 gei-v Classification of Deep a eF [_I ,b'I ffis ! 1979) ems,., eamm ,:t:eii,el_„di„ presenee find penee .,, e ,.,—�r {'�x1 applicable: (Yii)-+fitnaiysiis, of wildlife _ •se -of -the we-6—ilcdrafld buffefi e BF a i�wr ovrage.:,,.1,a tile .:�t•.,._,r Pk F7i{} ITiui ii f laH a u!l'i+e : ..[Yec-wr_mz ..f_i is secilon mus! be p ,ided F, wed by mi4go6on plali prepared by a qLlAlified r .,Il51OF, a.,1s ,era heivin Mid E«E3ndLl, ted : aeeordance wiffi the 18.22AFF Critical area stewardship Man reuorts. Critical area stewardship - plans shall be ore d- y-aqualifiied professional if any portion ol'the promised activ!tX will occur within a wetland a fish and wildlife habitat conservation area or within the inner 75 percent of a wetland buffer or a fish and wildlife habitat conservation area buffer. In addition to the habitat management plan requirements of JCC 18.22.440 and/or the wetland report requirements of .ICC 18.22.450,_t -he critical areas stewardship plan shall address the following; (1) The section of the report describing existing conditions shall also include: (a) A qualitative description of the physical and biological condition of any surface waters on the property. (b) Evidence of historic or existing Land uses and human disturbances on the property',, (c) A description of adjacent watershed conditions within three -tenths ol'one utile ( 1.384 feet): A contours map describing land elevations; Documented or observed presence of entlanae:red or threatened species, or habitats: (iii) Document priority habitats and -species (iv) A gUalilative assessment pf hydrologic conditions; and (v) Photo documentation of existing, conditions. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 87/100 (d) Site plan showing the entire parcel and all critical area(s) and buffer(s) on the property as well as any existing development. Site plant must be accurate, legible, and to scale. (2),me section of the report describing impacts shall also include photographs of (lie impact area(s). (3) The section of the report describing mitigation shall also include: (a)A justification of haw the miligatlon area protects critical area and buffer functions and values: (b) The performance standards must include the following components: (i) Monitoring Indicator. Identify narametels to be monitored. (ULMonitoring Metric. Quantify parameters to be monitored. (iii) Monitoring Timeframe. Specify monitoring timeframe (five years tninil11tt1tl). (c) justification for selected species in the planting_ plan list. (d, A description and location(s) of any non-native and/or invasive vegetation that is to be controlled or eradicated, including methods to control floe species. (e) A description of any short-term protection measures that may be needed (such as protective tubes for plants. FLite matting to slabilice soils in planted areas mulch. (_l_7 A statemem that an as-bLlilt is to be Submitted within Gil dos orcon pletion of the mil gation work and that annual monitoring reports are to be submitted by October 31 of each monitoring year. (g) Figure showing the areas to be used for mitigation (if grading is proposed, figure must include existing and final _contout°s_al_ong with ration for gradirag) and showing photo points for future monitorin& la i'hotn gra hp s of'[ lie naiIiyation area(s). (i) Any supporting references fi•ntn_PLIblished literature needed to clearly demonstrate that the critical area and bUtTer will be protected. 18.22.46G Frequently flooded area reports. A habitat assessment shall be submitted if any poi -tion of the proposed project occurs within a Special Flood Hazard Area (floodplain), as mapped by the Federal Emergency Management Agency (FEMA). The report shall be prepared by z cluali reed biologist who has 10 minintt1111 ora baclac:lor's degree in wildlife or fisheries habitat biology, or a related degree in a biological field from an accredited college or university with a minimum of four years ex1grienceas a practicing fish or wildlife habitat bioloist. Habitat assessments shall be conducted based on the 2013 Flucrd471aln llabitcrl Assessrne l and Mitigation: Regional Guidance for the Puget Sound Basin, or as amended by FEMA. Habitat Assessments shall also be prepared to comply with Article Il l of this chapter and the Flood damage prevention ordinance, as cod'1Cied in Chapter 15.15 JCC. 18.22.4HH Richt-of-entry for mitigation verification. For any mitigation proposal approved by the department of conatrlunity develQ hent, an applicant shall include provisions in the submittal that allows right -of -access to the department ofcominua4 The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 88/100 development t'br the duration of the specified maintenance and nionitcorin > timeframe or until the performance standards are met. Right -of -entry shall be limited to the portion of the property where the mitigation was prop.Qsed and shall be limited until such time that all performance standards and wrillit conditions are metprovided. the department ofcommunity development contacts the Mpgrty owner at least 24 hours prior to the site visit, stating the purpose of the site visit. Article IX. Alternative Protection Standards — Critical Area Stewardship Plans (CASPs) 18.22.460 Critical area stewardship plans (CASPs) — Generally. Property owners may elect to develop site-specific critical area stewardship plans (CASPs) as an alternative to the prescriptive requirements of Articles VI (Fish and Wildlife Habitat Conservation Areas (FWHCAs)) thfeugk+-and VII (Wetlands) of this chapter. CASPs shall be required For NMI' reductions greater than 25 percent: provided that the �e application does not reyuirc a reasonable economic use variance. ma4uffe+k4 yalues devete}4i� e 1-11 n s.ltaii.. elk ., .,1:+:ed_.�fak al eii the tip _ehapteF. Wheii available, iia.lifed ref_cssoffl—s-my rtF-lime, r is! lan(l,.nefL• with these sa-h-wLSsions The administrator shall be responsible for reviewing and approving submitted plans. The administrator may, at his/her discretion, seek technical assistance from the Jefferson County conservation district, Washington Department of Fish and Wildlife or the Washington Department of Ecology when reviewing CASPs for approval. [Ord. 3-08 § 1] 18.22.461 Applicability and limitations. The following provisions define the applicability and limitations of the CASP: (1) ..t itelated .:.:tc.. anti-appiEu ; c -es i -w4u li t aeoesseFy dwelling Liliks,'APYs). They aimy be uied iii rw-al village eekiteits (RVCs) bu! are not to he used A — pinents. as i denti - r 18 CASPs may be used in any Loning designation if the provisions of this article can be met. CASPs may not be used in the urban growth area if a buffer reduction implemented while using, transitional zoning, (i.e., rural zoning designation prior to connection with a sewer system) has the potential to oreclude future density requirements. The overall Vat of the critical areas stewardship plan is to maintain existine functions and values of the watershed and subbasin while addrcssinp, the needs and desires of the property owner. (2) They-CASPs can be applied to properties one-quarter acre or larger. (3) CASPs are only applicable to fish and wildlife habitat conservation areas and associated buffers (Article VI) or wetlands alzd associated buffers (Article VII). (4) CASPs must provide equal or greater protection of critical area functions and values than the prescriptive standards of buffers and setbacks. z�+�l �ra�nnt�s�r The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 89/100 ` e i .v ntlid3 riid FWCrrs vcck rf_the ir s. (75) CASPs will be administered as a Type I permit, per Chapter 18.40 JCC. (8) A leas! eefiN 4ed- [Ord. 3-08 § 1] 18.22,411 I mplementat ion. N) A CASP permit is valid far the same litnefraine as the underlyka permit e.., buildirgpermit, septic ermit siaoreliiie eniiit . 1filie underlying permit does not have a s ecified expiration date or if the CASP al2pticatigii is a standalone a llicatigii the CASP peniiit shall be valid far three ygars from the date the CASP permit is issued. A CASP permit shall not be considered valid beyond five years from the date (lie CASP permit is issued. If the underllyina permit remains valid beyond rive years, the CASP permit shall be considered null and void. Once the permit has expired. it sliall not be renewed. 2 The applicatit shall record a notice title for any approved ntiti ation at tic: Auditor's OI'lice anti shall post a mititgation pgrfiortnaiicc bond with DCQ. The administrator shall provide the iiecessaEy papLrwork to the applicants. Assuin gg the administrator does not need to designate staff (or contract witi other qualified professionals) _t-o_ensure that maintenance and monitoring are completed as required by this section. the performance bond is to be refunded to the applicant at the end of the specified monitoring period or when all performance standards are inet, whichever is greater. The CASP permit is a conditional a roval and no other pertnits (such as building, shoreline, seMic) shall be approved until the applicant ias recorded the notice to title and posted the performance band. 18,22. d65 Perfor-monee sland-trubg +ffa�mtaiflqmg -- —ilianeing the ft ions aod values t 11 Y T146e ,mild arar.wi will va.,.._ fi, 0111. n plan to n.6latlie.. d __..d'_TT . Ole O'B_:_..I aFea beiffil.. pnateeted an �td_l �._.,.,a.,+'fi ,ble +r, .+ tlie,Y ca•, be .,,n.,......-%hi'1`-F1 Ftl�iHur'- �E iiaii£� F}f� sthnda� s tart eT„ 4 sLTI NJYHI ofskmlis aiid ivees, s1f311daRIS (1�31ia ill. waterslied mooi+ovi tWFogFa}3i` . st iielards ie itiel.,.la_..r.m,.1:.,.. +rc Imc t ni-Hig-Bf4e sampling; and i Finaiiaii of the staiist:01 . . k - Ifel� �T defii4e si if'�. li depa iu . 4:. +lie . e..fo .-r.„ ! d P f. e.. dai .hn l i t fl ie � �nx'rrs�`.i-��."'-'np'riiic+�ic�7ma"7arEf'irr`.rrrvs'nrP`�i��+c (a) liidieatt F. 'MeyEWy-whiitAvkrsrr c miiioFed, sucli a woody vegetaii , Feed C-014OFY V!055 (PliftladS ~t't'N;. etTiiG Ga), ei6iTaI Tim-t[rea. 01'Wa'[ff2LgTTIf C..f'�r The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 90/100 ` itl4iey enti -.:hat set ortlie dme ..,,.. i1.1-10 1 kO tL 1 l I' rciirvi��r'-:.r -c . vr'ri ca��'rcc�5'r'r��ri�cS��cr"�ciic�cii r�i 'a'r iflandated L s_.h..f.iow "T 3,n, :.d.z. it: flie- eeftea" C-efflilliffil6e. I ic11 a!; r'"Will 1101 ehEeed Xi 901-Eelii csiYLAI'81 r`n--tcn ir`�`�iccl@7—ni=riir�c=isii ciii5�1 � kle l'eii E3 ��iV'ei�illa F�'sii'eE1—#1�?'rte'.'_-^-"��l'" z'£t�-}F;i�-•ScFr`r'i�ai'ri-m� e.t.a rlv Uld .. crna �*rrsiarcr wetland 6 uff- (L.) Time l4allle, 'Pley idemm�, wil tile standill-d ShEmid he aehieved. !-'Elr example. "llavibig X by yem. Y.' ...ar ailA 1 pffepilate iti'rthe- i-iiflfll:.t ml 'OF"z" § 11 (2) +,111,...... , d..,,ds 'ti vwse.,t_ an the p Fepoo shall be s .-.leted I1r .-.._Warh „z.towshall be „reel :pr,akg-441eFepHi-i. T1i£-leP*M+-Shall_.ielai1 the n i-equijvd fBFEB�Fiipieti+tg-g+9w-•koRff"-iifi-be4i::kcat--rrr4hE'-i-eporThe3F ,hall be d qualified profess,al eonstits...�, e law. offl.ep pe z.._si shall he d , to (5) Pfesence o . . P01,.11.,.. l.„... TI Si Hi i6 illt a.q..li,!.....ftllal-gO ffl-ea.. 01 -m -...,a14 a ...I7.,,.....,.,s.... ,-I...,:.,agee patierns ....,.d StFeam flows. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 91/100 pfe enee-cif large woody debris mid fiffles, and peals, paiemial fish spawning afeas. obwved nsh and acluatic- � bMtes ete; aC-f&-22439 for- weilands mid XG 18.`'�2.270 For swfaee w"tet-sshall l..�a,. S Tl.e n of I. vas .,dl.,.. .�.,.. 7 rlL ,�.J �L'�`c�."�..z��c�-r,-«-�tiL'�-= .:..� e H6k}4t-fif-:ii'1 1'"e"`s' ftHa SkOHId b. ele....5 See! -ie�rc-d N—itF1Photo -BfumeHtatil. 01E, . ; (e) A detei....k.at:.-.i._af the landscape slo ,sri:r.r ent r._. SHFI: ee ..,..r.s..o to i .+Iude .. 1, ..I:r. i -ye asse!,smem o - -- c madi. bmidges: 1 tile I :.,..r i t a F�-„�-r�,�:;�-p�.�:;����;livs. local4o"f4.hest-fi5at+w-es--,hea4d be anaotate4-eft-tk-s4e . md-mhles- ( 11 ) TI, is et i en s.heil ld be qkipp a .-ted b hot...leekl ,s..+i Em. f04 i 08 t 44 R+�. s and s-alues ofilie nsso6aied wateNhed while addressing the Reeds and desires of propeFiy implememmion of this plim will PFOWEI 11W 4111WORS Mid YAWS. This see4ien shall C-kFSF��”�`raruncrrv--"'��"L'-�"-.`iniYF3 al+e. l•rr�c�erAi4'r( ed In jGC 19.22.7rand 18.22330. C7l The CA 9P r1,,,11 be s ,.•+ed , i l+ -the -.;i de map deseribed in XC 19.22.470(l ) .. rlaid .. 4h it e Leo L,...,!..,., oftl,e aeyelo,,.,,aetk4;iesloopme, ll,l Finn! . mews ,,.l.e., .. ad_i..3,���..:+1..., +1,.,,1, 1, ant s�.�.�_eF itt,_ buffeF i.- p e,d• �� r-�,i cacrn r�-rrnrrrrrz-r , (...) ...Ircz..-r ,i.g rcgc�cc'rckvn- ill rthe kn cin-nr��nic! is to be pl-eserved.; lrly l.,t.asiye .,.,.. el... ,.s_.egec•._kn tl,a!:r ie he eontrol led o a.l:..eted in.-I.+gt-'ontr l „theds. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 92/100 !et C..e eiet and .. ...i 1e eat; an d,.#'.,.,.1.. 1 to be planted. (f) Leemien of al I stFHN to -be pleeed within it efitioal mea --.4.1 tile W&H p piked ill XG -19.22.270m 1.4z,�rrs2--2.3 rte '2 •Z4. a the aI published litei;awlte OF Well 0141-11 CA 4&W4k—,-PF0Vi ed ionad--preparing4het. (el) AA rwiomm1— .,)k' the E;_H01 601111WH,_t.rhell g..Rd"le iS_ .,I,.adi ,.,:tl, n..l . em r.fel'car'r+;�-ile I'.,..,"e. "'•`,i,� kel.,-: m .,le,.,,e„! the ,els .•.l ll,e plan wes and slimbs, this plam shauld dessFibe !he densk�, (spiteing) E)17 im"Odkial species as well as thei fat-i&�-AH11 .tee jiro" -k)4}nel ude H t eser 4ifm-Ei"HNy Nie p!a 46rG4'-M REFietion lo -t a goals of I lie ., , , t ,la ,d rtl,e .-I,d n Tkis wl. sh .ld imieludem ( a) A !able dp 1. . the hbOF .,d 11 .• C rI.,..t.. !., be .,t fOdl.. ed; (b) A deSeFipt oPhaw tl,e . ..:�::,e n layers.:II i:. e1s:..,., W .,F..W61 Wale" q al; s., the .-:19....1. .,'.• 1-il .�I Ii,., i., I a s_ [- 11 ! -! ' 11,., e .� [e ��ec[!•i-[t tIt d1 � known to esk-a iH liie awa. (de) Pln.,}:., 1 de ..:t1, (c ..) b y speeies-i 1'TC-81*47'��{'I z and methods; T (e) Shef! W p••r4'Cr,ee+rw7'm till, d. rl d. .. I, .. ERee we4 , seela. eontr9l ofeiher vegetaflon ilia! b . (6) A proposed or- approved siormwaler ma nagemeot plan a-, app! ieah le peF 4GC- 18.3 0.060 thFoto ] 8.3 0 070 .•1,,.11 he .,tl.,..I,e r R( -k -.x- (7) The flmiii ._„fp..oposed .,1an_iml3lefflellialif.,N I.0..'t1 ...,—:e -.p 4...1 .- .1.:..d, ..,911 —7n7'rcip9' inr7bcice-tv!he Gil't i"'�,.le.ltial eff ,t, todw«eAi ,d, wildi4fe of local CoHeerfl-. f}Slt>�fM11lT.'�TJiRE?i1�!!!'Cf�1.TdSf�E[t'E1"!L<XT.1l�l�f �• Some si"rtmliz-ica--srcriic:rr; ple _(fAiPs) �'3�iwL�n rusaJ._ ...,n;i :..; .. t: .:s... Thesee p skal l „ 1k d , .,te.,. lice scheEklie detailing fliew ae!ivities. lo genei;al, plaw, ilia! do not Feqkke 1011g The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 93/100 18.22.510 As -built plan requirement. An enitial as -built plan shall be prepared by a qualified professional fudged eoiiipet .,t by ear ,sai4 Count), describing the action taken to implement the critical area stewardship plan (CASP). This report shall include: (1) A contour map describing final contours if grading is required; (2) A quantitative description of the vegetation planted; (3) 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; (4) Additional photographic documentation is elleMlfagedthat shows the condition of mitigation areas) once CASP mitigsition_has been implemented. [Ord. 3-08 § 1] 5 A site pian 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, (6) Suildim final certificate of occupancy and/or septic final shall not be issued until the applicant has Submitted an as -built showing compliance with this article, the: approved CA SP report, and all CASP permit conditions. il, -iim tle limiejl of Gommunity deyelo.,mew and ihall i .lune the foil ..a..:.._ L'Sl__A_. Elmili x Of the-iliexl aFeR F.. ..t. E#t 6if£}fioHw9":!ACP afl-d .ne4iefi afb 5e""i d.. Hg-if@1weEkSaffl*la I repe.-t ,de-Erlbed iH jGG 18.22465; .Igoals, aelapiive management sliall_ be employed tcc"r�"c"•efl l� - flie dofielelley; FRE) H40 Fi n f {(c�6 --1) Motiitodngels may he exieiided Nyliefi iieeeFisaFy, as kiistFat8F.- 10M. 3 08 J J 18.22.530 Contingency planning. A contingency plan is required describing how the critical area stewardship plan (CASP) might be modified if monitoring indicates a failure to meet the stated goals, or a need to modify the goals because The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 94/100 of events outside the landowner's control (e.g., damage associated with a wildlife). For instance, 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 (trial 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). [Ord. 3-08 § I 18.22.540 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.; at4'i'he administrator shall Mlthorire the use o]'the Rerforinance 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 t13e permit (or if activities on the site have negatively affected the mitigation area(s)._the failure to comply with CASP permit c_onditiotis_shall be processed by the administrator pursuant to Chapter 18.50 JCC, Enforcement. [Ord. 3-08 § 1] 18.22.550 Waiver. The administrator may waive portions of a critical area stewardship plan (CASP) if, in his/her opinion, critical area functions and values will not be adversely affected by a proposed activity. 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. 3-08 § 1] Article X. Implementation Strategies 18.22.570 Conservation futures. Jefferson County through the conservation futures fund (Ordinance No. 06-0708-02, Chapter 3.08 JCC) may use conservation futures funds to compensate affected property owners for their costs in protecting fish and wildlife through the purchase of conservation easements. [Ord. 3-08 § 1] 18.22.580 Education. Jefferson County encourages good stewardship on its land to provide benefits to fish and wildlife. The county will seek funds to provide general resource education and site-specific assistance to help landowners understand why it is important to improve their management practices and to show them how to improve those practices in a way that benefits both the landowner and natural resources. The county believes that these are win-win goals key to maintaining and enhancing natural resources. [Ord. 3-08 § I] 18.22.590 Best management practices (BMPs). As a general practice, Jefferson County encourages and supports the use of best management practices by all landowners in an effort to enhance the county's natural resources. Farm BMPs have been developed over the last five decades by the USDA and Jefferson County's conservation district. Residential BMPs (JCC 18.22.630) are promoted for all landowners in Jefferson County, whether engaged in agriculture or not. [Ord. 3-08 § 1 ] 18.22.600 Cost sharing incentives. Jefferson County will assist and encourage landowners to participate in private, state and federally funded resource enhancement projects. In addition, Jefferson County will seek outside sources of grant funds to increase the resources available for resource stewardship programs. [Ord. 3-08 § I] The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 95/100 :•�.r,r�r�s.�rmrr.�:trsYsas�nrrnTar�sr.� 3�ee� . ZRIUM"" In 18.22.620 Public benefit rating system. Buffers that are dedicated as permanent open space tracts will qualify for the maximum number of points under the public benefit rating system. Qualifying applicants will be offered the opportunity to enroll in the Jefferson County open space tax program at no cost. [Ord. 3-08 § 1] 18.22.630 Residential best management practices (BMPs). The following best management practices (BMPs) will be encouraged by Jefferson County for all existing and future residential development adjacent to critical areas. Permits may be conditioned to require these BMPs when utilizing buffer averaging or other administratively available means of buffer reduction. (1) Stormwater Management. (a) Filter runoff from impervious surfaces through appropriate vegetation such as lawns or biofiltration swales prior to entering wetlands or wetland buffers. (b) Direct gutter downspouts into either biofiltration swales or gravel -lined pits to sequester bacteria and atmospherically deposited contaminants. (c) Store petroleum, fertilizer and pesticide containers under cover and away from water sources and critical areas until properly disposed. (d) Apply only the amount of irrigation water that can be absorbed into the ground to landscapes. Avoid excessive water resulting in surface flows into wetland or wetland buffers. (e) Avoid the use of chlorinated water for landscape use. (f) Avoid using salt on impervious surfaces such as walks and driveways during freezing weather. (g) Ensure that all outside burning is controlled. (h) Avoid motorized vehicle incursions into the wetland and/or wetland buffer. (2) Management of Household Contaminants and Yard Waste. (a) Maintain all garbage and litter in enclosed containers that exclude wildlife. (b) Do not use poisons to control moles, rodents or other pests near wetlands. (c) Strictly adhere to label restrictions when using EPA approved pesticides. (d) Do not dispose of yard waste (grass clippings, trimmings, etc.) or any other waste in wetlands or wetland buffers. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 96/100 (e) Do not maintain vehicles or equipment in areas where contaminants will wash directly into wetland buffers. Maintenance areas should include filter swales or grassy areas of sufficient width to intercept surface flows into critical areas or their buffers. (f) Store all potential contaminants, including petroleum products, pesticides, cleaners, etc., under cover and properly dispose of empty containers. (3) Landscape Management. (a) Do not plant invasive ornamental plants in or adjacent to any critical area buffers. (b) Retain, where possible, large trees that shade wetland areas — even though they may grow outside the required buffer. (c) Leave permeable surfaces on as much of the landscape as possible. (d) Attempt to incorporate large woody debris into the landscape plan as a benefit to wildlife. (e) Shield outside lights so that they do not shine directly into nearby wetlands. [Ord. 3-08 § 1] Article XI. Watershed Monitoring 18.22.640 Watershed monitoring. Jefferson County shall develop and implement a countywide monitoring plan designed to give early notification of degrading water quality and to document improving water quality as a result of an increased emphasis on voluntary landowner stewardship. This effort will include the following: (1) The county will initiate this process by conducting an inventory of all current monitoring activities conducted by local, state and federal agencies and private groups such as stream keepers and water watchers. (2) The county will assist with compilation of all of the marine and freshwater data applicable to Jefferson County in a single database to establish a baseline dataset. (3) When the inventory described above is complete, a monitoring program will be designed to complement existing efforts to assess the following endpoints: (a) Temperature; (b) Dissolved oxygen; (c) pH; (d) Fecal and total coliform; (e) Total suspended solids; (f) Total volatile solids; and (g) Nutrients, to include NH4+, NH3, NO3 and PO4. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 97/100 (4) Monitoring of all appropriate Type S and F streams will be accomplished near their entry into the marine environment. Additional monitoring will be accomplished during the first one inch of rain in the fall of each year and during the period of anticipated lowest flow in late summer (August or September). (5) Jefferson County will encourage biological monitoring using rapid bio -assessment procedures of the health of its watersheds by voluntary programs such as water watchers. (6) Three samples will be collected at each established sampling site. Where sampling indicates a significant exceedance of Washington State water quality criteria (using appropriate statistical analyses) and/or an exceedance of existing baseline data, Jefferson County will notify (as appropriate) the Washington State Department of Health and the Department of Ecology requesting assistance in determining the cause of the exceedance. (7) Jefferson County will work cooperatively with landowners contributing to the exceedance to correct the problem. If property owners do not cooperate, or if the exceedance persists despite attempts at adaptive management, then Jefferson County will take whatever legal or regulatory steps are necessary to correct the situation. Those steps may include legal action or an increase in the buffer widths in stream segments causing the exceedances. [Ord. 3-08 § I] Article XII. Adaptive Management 18.22.650 Adaptive management. Adaptive management relies on scientific methods to evaluate how well regulatory and nonregulatory actions achieve their objectives and makes adjustments to those programs. Management, policy, and regulatory actions are treated as experiments that are purposefully monitored and evaluated to determine whether they are effective and, if not, how they should be improved to increase their effectiveness. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty. To effectively implement an adaptive management program, Jefferson County, in support of its CAO will: (1) Address funding for the research component of the adaptive management program; (2) Change course based on the results and interpretation of new information that resolves uncertainties; and (3) Commit to the appropriate time frame and scale necessary to reliably evaluate regulatory and nonregulatory actions affecting critical areas protection and anadromous fisheries. [Ord. 3-08 § I] Article XIII. Agriculture All regulated activities shall comply with critical area provisions in Articles I throup-li XII of this chanter except that certain agricultural activities described in subsection 6JJ(1 ) below may use alternative protection standards in section-6LL for wetlands and for fish and wildlife habitat conservation areas (FWI ICAs). If [lie alternative Drotection standards cannot be stet. titers the protection standards of Articles 1 through X I I shal I be used by the appl icant. 18.22.6JJ Applicability. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 98/100 (])Agri CUltural uses and activities, including agricultural accessory uses, as defjtied in JCC [8. 10.010. shall have the option of using the requirements of this article if at least one of the following is met: (a) Agriculturalresource lands desiggated as prime (AP -20) or local (AL -20); or b Agricultural lands enrolled in the Minty agricultural o en s ace tax prograrn, RLB'Suant to 84.34 RCW; or (c) ApuiCtlltural lands in which a recorded document, such as an easement, provides for the preservation of agricultural lands and uses in pea•petuity. (2) 11'subsection (1) is not applicable, then other fartningor agriculture activities (such as hobs f'artns and agriculture occurring on parcels zoned rural residential) proposed within a critical area or a critical area buffer shall comply with all applicable critical area regulations in Articles I through X11 ofthis chapter. Additionally,non-agricultural activities such as construction of a single-family residence on lands meeting subsection (1) above shall comply with all applicable critical area regulations in Articles 1 through XII or this chapter. 18.22.6KK Regulated activities. New agdCLI t iral activities (not meeting the definition of existing and onl ping agriculture) or expansion of existing agricultural activities shall comply with critical area requirements. Regulated agricultural activities shall include, but are not limited to: (1) Clearing natural vegetation or removing trees (clearing does -not include harvesting an agricultural cro (2) Gtadtig. incfudng<dredgil�g, excavating, or filling; (,3) Dumpinggarage, waste, or other refuse; (4) Discharging surface water° 11111off from development via overland flow, built conveyance systems, or infiltration facilities; (S) Altering water levels tsurface and subsurface), waterguantity, water quality. or surface water flow rates_; (6) Draining a wetland. fish and wildlife habitat conservation area or freguentiy flooded area; (7) Diverting or impounding water, t_8 Storing and Using agricultural chemicals, including pesticides, herbicides, fertilizers, and other hazardous materials: (9) Creating new ditches and farm Ponds or expanding existing ditches and farm ponds; (14) Installing new renchm, or (1 1) Constructing -an agricultural structure or ex andin an existing structure rarther into the critical area or buffer. 18.22.6LL Alternative. protection standards. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 99/100 The following alternatives allow flexible protection standards relative to Articles Yl -fish and wildlife habitat conservation areas) and_VIi (wetlands). Where an applicant demonstrates the proposal adequately provides protection of critical areas and buffers, and that implementation of the proposal is not likely to degade critical areas or butlers over time, the following may be used. (_I )Critical Areas Plan. An applicant ntay submit -a. critical areas plan prepared by the Jefferson County_ Conservation District for review and approval by the department of communit development. evelopment. A critical areas plan may be used for impacts to wetlands, wetland buffers, FWHCAs, or FWHCA butTers. A critical areas plan shall address all report re uirements in Articles VI ffish and wildlife habitat conservation areas VII wetlands And VI11 critical areas reports). 2 Working, Buffers. An apnlicant may use the working buffers concept from the Snohomish Count Conservation District: provided, the applicant submits sufficient information demonstrating the proposal is consistent with the applicable agroforestry template. The working buffer shall not be allowed within the inner 35 feet of a wetland ro FWHCA buffer and shall not be used if the buffer is associated with a wetland scorinp hiizh for habitat value or having special characteristics as determined from the wetland rating form), This alternative is limited to buffers for wetlands or fish and wildlife conservation areas only-, it shall not be used far a 7ricuitural activities ptffosed within a critical area. 18.22.6MMComplinnee benchmarks for critical area protection. (1) Critical area p1'0tection_is E•egttired for existing and stn ging, agriculture as well as new agriculture. All agricultural activities shall be conducted so as 110t to cause harm or degrade the existing functions of critical areas and associated buffers. As allowed under WAC 365-196-830 (Protection of Critical Areas), both re ug latory and voluntary measures may be developed and used io prevent degradation of critical areas. For purposes of this article, no kgm means: (a) Water quality monitoring results shall based on sampling data collected and analyzed by .lefferson County department of public health or a designated parmerin � ak aizency. 'ro comoy with the no harm re uirement for water quality, all parameters evaluated most remain comparable or imrove relative to established state standards. If any wateruy alityparameter shows a decline. the departments of communily development and public health ma • re uire on-site Safflplillg of Upstream and downstreattt water quality conditions to determine if permitted activities that have been implemented have since affected waterguality. Cbl Habitat ecology should remain comparable to the watershed descript ons presented in the March 2016 Milowherl C/terse w-izerlion Report prepared for this critical areas update. Within the Chimacum Creek drainage basin. stream conditions must be maintained at the level presented in Appendix H of the Chimacum i< yler:►ltcd Agrict these. Fish & lar /c!/ik, I miecliona 11/017 (Jefferson County Conservation District 2001). Additionally, indicators of habitat conditions, such as ( 1) the percent cover of woody vegetation shat l not result its a net decrease: (2) the amount of habitat features such as snags. downed woodv debris, and open mater habitats shall not result in a net decrease: and the amount of impervious surfaces and bare ground shall not result in a net increase on the aa,ricultural land as a result of implementing an approved aWic►iitural activity. (e) Salmonid stocks should remain stable or improve (based On published Washington Department of Fish and Wildlife assessments, reports, and online information). At a site-specific level, an ay ctivity The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016. Jefferson County Code DRAFT WORK PRODUCT Chapter 18.22 CRITICAL AREAS SUBJECT TO REVIEW Page 100/100 that_n_egg6veiy alfecis salmonids shall be considered a negative benchmark. This could illdLide, but is not limited to, installation of in -stream barriers to fish passage, removing woody debris from a stream, alteringsnawning gravel, altering_pool/riffle instream conditions, or introductiorl of chemicals into the water column. (2) Farm flans. If agricultural activities result in degradation ol'a critical area, the farmer shall be required to either cease the agricultural activity that results in critical area degradation or rware a plan that demonstrates how rarming activities will be brought into compliance with critical area protection requirements. A farm management plan may be developed by the Jefferson County Conservation District t_o voluntarily briee x the ie agricultural activity into compliance with critical area protection standards. A farm management plan shall be submitted to department of community development for review and approval. Ifthe administrator determines_a farm managerrlent plan does 1141 sufficiently address critical areas degradation- a rarm plan [prepared by a certifier) qualified professional) or other enforcement action based on Chapter 18.50 shall be required. The Jefferson County Code is current through Ordinance 1-16, passed February 1, 2016.