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HomeMy WebLinkAbout05 0310 20 Cc } cl COUNTY OF JEFFERSON STATE OF WASHINGTON An Ordinance Repealing and Replacing } Chapter 18.22 of the Jefferson County } Code, known as the Critical Areas } ORDINANCE NO. 05-0310-20 Ordinance, and Amending Chapter } 18.10, Chapter 18.20 and Section } 18.30.180 } WHEREAS, Jefferson County is required under the Growth Management Act ("GMA") codified as Chapter 36.70A RCW and under the Chapter 18.45 of the Jefferson County Code ("JCC") to conduct a periodic review and update of its Comprehensive Plan and Development Regulations to ensure consistency with updated state laws and regulations, population and employment projections, and county policy decisions and adopts the following procedural and legislative findings: WHEREAS, RCW 36.70A.170 and RCW 36.70A.172 requires Jefferson County to designate critical areas, including the best available science in developing policies and development regulations to protect the functions and values of critical areas; and, WHEREAS, RCW 36.70A.130 requires Jefferson County to continually review, evaluate, and periodically update its development regulations, including critical areas regulations; and, WHEREAS, on December 10, 2018, the Jefferson County Board of County Commissioners ("BoCC") completed its periodic review and update of the Comprehensive Plan and its development regulations, deferring completion of the periodic review and update of the Critical Areas Ordinance ("CAO"), and declaring additional goals and policies that emphasized economic development, affordable housing and residential development while protecting the environmental quality of the county's unincorporated areas; and, WHEREAS, on March 25, 2019, the BoCC and Board of Health passed a joint resolution establishing a program of regulatory reform directing County departments to accomplish reform goals, such as streamlining and simplifying the Jefferson County Code, including updates to the CAO, while ensuring early and continuous public participation and engagement and ensuring protection of the county's environment and public health; and, WHEREAS, on July 8, 2019, the BoCC passed a resolution establishing a Critical Areas Regulatory Reform Task Force ("Task Force") and appointing its members representing broad and diverse public, private and local civic skill sets that relate to the CAO update effort so that the Task Force contribute to continuous public participation and citizen involvement and holistically analyze and recommend to the Planning Commission and the Department of Community Development regulations that protect the environment and create efficient development practices and permitting paths; and, 2020 Critical Areas Ordinance Periodic Review and Update Page 1 of 108 WHEREAS, the Task Force met from August 8, 2019 until November 14, 2019, providing their advice and recommendations to the Planning Commission on December 4, 2019. WHEREAS, on December 2, 2019, the BoCC referred the CAO to the Planning Commission, including the recommendations of the Task Force which were presented to the Planning Commission during their regular meeting December 4, 2019; and, WHEREAS, the CAO is supported by a record of best available science; and, WHEREAS, the Planning Commission has reviewed the draft CAO prepared by County Staff and Task Force recommendations and after timely notice held a public hearing on January 22, 2020; and, WHEREAS, after receipt of written and oral comments, the Planning Commission deliberated on the draft CAO making changes to the County staff recommended CAO and on February 3, 2020, and suggesting necessary amendments to Chapter 18.10 JCC (Definitions) and Chapter 18.20 JCC (Performance and Use Specific Standards) the Planning Commission unanimously voted to recommend the draft CAO for BoCC consideration; and, WHEREAS, on February 3, 2020, the BoCC considered the Planning Commission's recommendation and, after applying the required growth factors, the BoCC decided to modify the Planning Commission recommendations; WHEREAS, the BoCC, after timely notice, held a public hearing on March 2, 2020 receiving written and oral comments; and, WHEREAS, the BoCC deliberated over the draft CAO, providing substantive feedback, which resulted in changes to the CAO which are consistent with the State Environmental Policy Act ("SEPA") review and the best available science record; and, WHEREAS, the BoCC made additional changes to the Planning Commission's draft CAO during their deliberations, including to amend JCC 18.30.180; WHEREAS, the entire package of regulations adopted by the BoCC, the replacement Chapter 22 JCC, and the amendments to Chapter 18.10 JCC, Chapter 18.20 JCC, and JCC 18.30180 are contained in Appendix A attached to this Ordinance; WHEREAS, the periodic review and update of the CAO were included in a SEPA review through a staff issued Addendum to the 1998 Draft and Final Jefferson County Comprehensive Plan Environmental Impact Statements ("EIS") and subsequent Supplemental EISs, and a SEPA Checklist and Addenda that addressed potential revisions to the proposed Comprehensive Plan and Unified Development Code updates; and, 2020 Critical Areas Ordinance Periodic Review and Update Page 2 of 108 WHEREAS, the BoCC finds that the periodic review and update of the CAO and the amendments to Chapter 18.10 JCC, Chapter 18.20 JCC and 18.30.180 JCC reflected in Appendix A serve to benefit the health, welfare, safety, and lifestyle of the residents of Jefferson County; and, WHEREAS, the BoCC finds that the periodic review and update of the CAO and the amendments to Chapter 18.10 JCC, Chapter 18.20 JCC and 18.30.180 JCC reflected in Appendix A are consistent with county-wide planning policies and consistent with the comprehensive plans of other counties and cities with which Jefferson County has common border or regional issues; and, WHEREAS, the BoCC finds that the periodic review and update of the CAO and the amendments to Chapter 18.10 JCC, Chapter 18.20 JCC and 18.30.180 JCC reflected in Appendix A satisfy GMA requirements and JCC requirement for a periodic review and update; and, WHEREAS, the BoCC must evaluate the CAO periodic review and update it using the criteria set forth in JCC 18.45.080(2)(c); and, WHEREAS, the BoCC makes the following additional findings, based on the full and complete record, pursuant to the JCC 18.45.080(2)(c): (i) Have circumstances related to the proposed amendment and/or the area in which it is located substantially changed since the adoption of the Jefferson County Comprehensive Plan? The circumstances related to the proposal and/or area have no substantially changes since the adoption of the Jefferson County Comprehensive Plan. The Comprehensive Plan's Periodic Review and Update was completed in December 2018; however, the CAO periodic review and update was postponed. This proposal brings the CAO development regulations in alignment with the 2018 Comprehensive Plan. (ii)Are the assumptions upon which the(2004]Jefferson County Comprehensive Plan is based no longer valid; or is new information available, which was not considered during the adoption process or any annual amendments to the Jefferson County Comprehensive Plan? New information is available which was not considered during the most recent periodic review and update of the Comprehensive Plan. Specifically, additional best available science and public engagement have resulted in new information which informs this proposal. (iii) Does the proposed amendment reflect current, widely held values of the residents of Jefferson County? 2020 Critical Areas Ordinance Periodic Review and Update Page 3 of 108 The proposal reflects currently widely held values. The proposed CAO meets requirements of the Comprehensive Plan, representing resident input in the Comprehensive Plan Periodic Review and Update completed in 2018. See for example the following Framework Goal: Framework Goal VI Environmental Conservation: Foster environmental stewardship, preserve clean air and water, and protect fish and wildlife habitat. Anticipate and respond to climate change with mitigation and adaptation strategies. Further, a robust public participation process included a diverse group of appointed stakeholders, including the Critical Areas Ordinance Regulatory Reform Task Force, which met and delivered recommendations on the CAO to the Planning Commission, the Planning Commission finds that the proposal reflects currently widely held values. (iv) Is growth and development as envisioned in the 2018 Comprehensive Plan occurring faster or slower than anticipated, or is it failing to materialize? There is not sufficient information since the December 2018 adoption of the Jefferson County Comprehensive Plan to assess whether growth or development as envisioned is occurring faster to slower than anticipated. (v) Has the capacity of the county to provide adequate services diminished or increased? The capacity of the County to provide adequate services has not diminished or increased relating to this proposal. (vi) Is there sufficient urban land, as designated and zoned to meet projected demand and need? There is sufficient urban land as designated and zoned to meet projected demand and need. (vii) Are any of these assumptions under which the plan is based no longer found to be valid? All assumptions in the Comprehensive Plan are still valid. (viii) Are there changes in the county-wide attitudes? Do they necessitate amendments to the goals of the Comprehensive Plan and the basic values embodied within the Comprehensive Plan Vision Statement? The county-wide attitudes remain strongly aligned with those embodied in the Comprehensive Plan Vision Statement. The proposal does not necessitate amendments to the goals or basic values embodied within the Comprehensive Plan 2020 Critical Areas Ordinance Periodic Review and Update Page 4 of 108 Vision State and the proposal brings the development regulations into better conformance with the Comprehensive Plan. (ix) Are there changes in circumstances which dictate a need for amendment to the Comprehensive Plan? The circumstances related to the proposal and/or area have not substantially changed since the adoption of the Jefferson County Comprehensive Plan. The Comprehensive Plan's Periodic Review and Update was completed in December 2018; however, the CAO periodic review and update was postponed. This proposal brings the CAO development regulations in alignment with the 2018 Comprehensive Plan. (x) Do inconsistencies exist between the Comprehensive Plan and the GMA or the Comprehensive Plan and countywide planning policies for Jefferson County? There are no inconsistencies between the Comprehensive Plan, GMA, and County- wide Planning Policies for Jefferson County. NOW THEREFORE, BE IT HEREBY ORDAINED, by the Jefferson County Board of Commissioners as follows: Section 1. Findings. The BoCC hereby adopts the recitals (the WHEREAS statements) as its findings of fact in support of this Ordinance. Section 2. Chapter 18.22 JCC Repealed and Replaced. Chapter 18.22 JCC and Ordinance No. 03-0317-08 creating 18.22 JCC, a Critical Areas Ordinance is hereby repealed and replaced with Chapter 22 JCC as reflected in Appendix A. The repealing of the Chapter 18.22 JCC and the ordinances adopting and amending the Critical Areas Ordinance does not repeal or affect any vested rights established by the ordinance. Section 3. Chapter 18.10 JCC, Chapter 18.20 JCC and JCC 18.30.180 Amended. Chapter 18.10 JCC, Chapter 18.20 JCC and JCC 18.30.180 are hereby amended as reflected in Appendix A. Section 4. 2018 Comprehensive Plan Adopted. The Critical Areas Ordinance, as set forth in Appendix A and MLA14-00086/ZON16-00027, is incorporated by reference and adopted as the Jefferson County Critical Areas Ordinance, Chapter 18.22 JCC. The Critical Areas Ordinance shall be transmitted to the Washington Department of Commerce forthwith. Section 5. Best Available Science. All references listed in Appendix B are considered the review of scientific literature that was submitted, considered, and evaluated by citizens, agencies, tribes, the Planning Commission, Department of Community Development, and the Board of County Commissioners. This literature is referred to as the best available 2020 Critical Areas Ordinance Periodic Review and Update Page 5of108 science ("BAS"). BAS was included in the citizen, Planning Commission, and Board of County Commissioner review. Section 6. Severability. If any section, subsection, sentence, clause, phrase or section of this Ordinance or its application to any person or circumstance is held invalid, the remainder of this Ordinance or its application to other persons or circumstances shall be fully valid and shall not be affected. Section 6. SEPA Compliance. The County published a SEPA Checklist and Addendum on January 22, 2020. The SEPA Checklist and Addendum provides supplemental information to the Jefferson County Final Environmental Impact Statement (Final EIS), May 27, 1998, and to related SEPA documents in were documents adopted. An agency may use previously prepared environmental documents to evaluate proposed actions, alternatives, or environmental impacts. The proposals may be the same as or different than those analyzed in the existing documents (WAC 197-11-600[2]). These documents are listed in response to Question 8 of the SEPA Checklist and Addendum and were adopted in association with the Comprehensive Plan and development regulations. See the Determination of Significance and Notice of Adoption published January 22, 2020. Section 7. Effective Date. The Ordinance becomes effective upon adoption by the BoCC. Approved and adopted this 10th day of March 2020 at 1:44:29. fes. 4 v ' 7 ,, .SEAL: JEFFERSON OUNTY BOARD, E► ► ISS • Aigyk Greg 7r. rton, air 7 David livan, Member ATTEST Kat Dean, Member APPROVED AS TO FORM: (iW Otd- Carolyn allaway Iry ip C. Hunsucker, Date Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney 2020 Critical Areas Ordinance Periodic Review and Update Page 6 of 108 APPENDIX A Chapter 18.10 DEFINITIONS Sections: 18.10.010 A definitions. "Agriculture" means the science, art, and business of producing crops, or raising livestock; farming. "Agriculture, existing and ongoing" is defined as follows, except for JCC Chapter 18.22 which is governed by the definition of agricultural activities. For all other chapters, "agriculture, existing and ongoing" means any agricultural activity conducted on an ongoing basis on lands enrolled in the open space tax program for agriculture or designated as agricultural lands of long-term commercial significance on the official map of Comprehensive Plan land use designations; provided, agricultural activities were conducted on those lands at any time during the five-year period preceding April 28, 2003. Agricultural use ceases when the area on which it is conducted is converted to a nonagricultural use. "Agriculture, new" is defined as follows, except for JCC Chapter 18.22 which is governed by the definition of agricultural activities. For all other chapters, "agriculture, new" means agricultural activities proposed or conducted after April 28, 2003, and that do not meet the definition of "existing ongoing agriculture." "Agricultural activities" has the same meaning as in RCW 90.58.065(2)(a), as it may be modified in the future and currently reads "agricultural uses and practices including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricultural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facility is no closer to the shoreline than the original facility; and maintaining agricultural lands under production or cultivation." "Agricultural best management practices (BMPs)" mean schedules of activities, prohibitions of practices, maintenance procedures, and other management practices to prevent or reduce pollution of waters or degradation of wetlands and fish and wildlife habitat areas. "Agricultural checklist" means the checklist required by JCC 18.22.830(3). "Agricultural land" has the same meaning as in WAC 365-190-030(1). "Agricultural land of local importance" means land in addition to designated prime agricultural land that is of local importance for the production of food, fiber, forage, or oilseed crops. Generally, additional farmlands of local importance include those that are nearly prime farmland and that economically produce high yields of crops when treated or managed according to acceptable farming methods. Such farmlands may include areas of commercial aquaculture. 2020 Critical Areas Ordinance Periodic Review and Update Page 7/108 APPENDIX A "Agricultural product or commodity" is defined as follows, except for Chapter 18.22 JCC. For all other chapters, "agricultural product or commodity" means any plant or part of a plant, or animal, or animal product, produced by a producer primarily for sale, consumption, propagation, or other use by people or animals. For JCC Chapter 18.22 agricultural products are defined in RCW 90.58.065(2)(b). "Agricultural resource lands (agricultural lands)" means lands that are primarily devoted to the commercial production of horticultural, viticultural,floricultural, dairy, apiary, vegetable, or animals products or of berries, grain, hay, straw, turf, seed, or Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through RCW 84.33.140,finfish in upland hatcheries, or livestock, and that have long-term commercial significance for agricultural production (RCW 36.70A.030(2)). Agricultural resource lands are divided into two land use designations, prime(AP- 20) and local (AL-20), in the Comprehensive Plan. "Agricultural warehouse (public warehouse)" means any elevator, mill, subterminal grain warehouse, terminal warehouse, country warehouse, or other structure or enclosure that is used or usable for the storage of agricultural products, and in which commodities are received from the public for storage, handling, conditioning, or shipment for compensation. The term does not include any warehouse storing or handling fresh fruits or vegetables, any warehouse used exclusively for cold storage, or any warehouse that conditions yearly less than 300 tons of an agricultural commodity for compensation. Agritourism" means agriculturally related accessory uses designed to bring the public to the farm on a temporary or continuous basis, such as U-Pick farm sales, retail sales of farm products, farm mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides, farm tours, horticultural nurseries and associated display gardens, cider pressing, wine or cheese tasting, etc. 18.10.020 B definitions. "Buffer" means an area that is intended to protect the functions and values of critical areas. Protecting these functions and values includes the preservation of existing native and nonnative vegetation where it exists, unless otherwise required to be replaced with native vegetation through mitigation or voluntarily enhanced or restored. 18.10.030 C definitions. "Channel migration zone" (or CMZ) means an area within the lateral extent of likely stream channel movement that is subject to risk due to stream bank destabilization, rapid stream incision, stream bank erosion and shifts in the location of stream channels. "Channel migration zone" means the historic channel migration zone (which is the footprint of the active channel documented through historical photographs and maps), the avulsion hazard zone (which is an area with the potential for movement of the main river channel into a new location), and the erosion hazard area (which is an area outside the historic channel migration zone and the avulsion hazard zone, and includes an erosion setback for a 100-year period of time and a geotechnical setback to account for slope retreat to a stable angle of repose). "Channel migration zone" does not include disconnected migration areas, which are areas that have been disconnected from the 2020 Critical Areas Ordinance Periodic Review and Update Page 8/108 APPENDIX A 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), that are no longer available for migration by the river. "Channel migration zone" may exclude areas that lie behind a lawfully established flood protection facility that is likely to be maintained by existing programs for public maintenance consistent with designation and classification criteria specified by public rule. When a natural geologic feature affects channel migration, the channel migration zone width will consider such natural constraints. "High channel migration hazard" (or high risk CMZ) for the Big Quilcene, Little Quilcene, Dosewallips, Duckabush, and Lower Hoh Rivers means those nondisconnected portions of the channel that are likely to migrate within a 50-year time frame. For the Big Quilcene, Little Quilcene, Dosewallips, and Duckabush Rivers, "moderate channel migration hazard" (or moderate risk CMZ) means those nondisconnected portions of the channel that are likely to migrate within a 50- to 100-year time frame; and, "low channel migration hazard" (or low risk CMZ) means those nondisconnected portions of the channel that are likely to migrate beyond a 100-year time frame. For the Lower Hoh River, "moderately high hazard" (or moderately high risk CMZ) means those nondisconnected portions of the channel that are likely to migrate within a 50- to 100-year time frame, "moderate hazard" means those nondisconnected portions of the channel that are likely to migrate beyond a 100-year time frame, and "low hazard" means the nondisconnected portions of the channel that are less likely to be affected by channel migration, but are still at risk due to their location on the valley floor. Rivers that have not been evaluated or mapped for CMZs include: Thorndyke Creek, Shine Creek, Chimacum Creek, Snow Creek, Salmon Creek, Upper Hoh River, Bogachiel River, Clearwater River, and Quinault River. "Critical aquifer recharge areas" has the same meaning as in WAC 365-190-030(3). "Critical areas" has the same meaning as in WAC 365-190-030(4). "Critical area buffer" means any buffer required by Chapter 18.22 JCC. 18.10.040 D definitions. None. 18.10.050 E definitions. "Erosion hazard areas" has the same meaning as in WAC 365-190-030(5). 18.10.060 F definitions. "Farm assistance agencies" means federal, state, or local agencies with expertise in the design, implementation, and evaluation of conservation practices including but not limited to the federal Natural Resource Conservation Service, the Washington Department of Agriculture, or the Jefferson County Conservation District. "Farmed wetland" means wet meadow, grazed or tilled: an emergent wetland that has grasses, sedges, rushes or other herbaceous vegetation as its predominant vegetation and has been previously converted to agricultural activities. 2020 Critical Areas Ordinance Periodic Review and Update Page 9/108 APPENDIX A "Farm equipment"for all chapters in Title 18 JCC, except Chapter 18.22 JCC, includes, but is not limited to, tractors, trailers, combines, tillage implements, balers, and other equipment, including attachments and accessories that are used in the planting, cultivating, irrigation, harvesting, and marketing of agricultural, horticultural, or livestock products. Farm equipment for purposes of Chapter 18.22 JCC is governed by the definition of agricultural activities. "Farm plan" means a conservation plan developed by a farm assistance agency and a landowner outlining a series of actions developed to meet a landowner's goals while protecting water quality and the natural resources within and around the farm property. Many things are considered in a farm plan including farm size, soil types, slope of the land, proximity to streams,wetlands or water bodies, type and numbers of livestock or crops, resources such as machinery or buildings and finances available. The terms conservation plan and farm plan are interchangeable in this context. "Farm worker housing" means a place, area, or piece of land where sleeping places or housing sites are provided by an agricultural employer for agricultural employees. "Field Office Technical Guide (FOTG)" means a USDA Natural Resources Conservation Service manual that contains information for use in technical assistance to decision-makers for resource management. "Fish and wildlife habitat conservation areas" has the same meaning as in WAC 365-190-030(6). "Forest land" has the same meaning as in WAC 365-190-030(7). "Frequently flooded areas" has the same meaning as in WAC 365-190-030(8). 18.10.070 G definitions. "Geologically hazardous areas" has the same meaning as in WAC 365-190-030(9). "Geotechnical professional" means a person with experience and training in analyzing, evaluating, and mitigating any of the following: landslide, erosion, seismic, or mine hazards, or hydrogeology, fluvial geomorphology, and river dynamics. A geotechnical professional shall be licensed in the State of Washington as an engineering geologist, hydrogeologist, or professional engineer. In accordance with WAC 308-15-140 and 196-27-020, licensed engineering geologists, hydrogeologists, and professional engineers shall affix their signatures or seals only to plans or documents dealing with subject matter in which they are qualified by training or experience. 18.10.080 H definitions. "Hydrogeologist" means a person who is qualified to engage in the practice of hydrogeology, has met the qualifications in hydrogeology established under Chapter 18.220 RCW, and has been issued a license in hydrogeology by the Washington State Geologist Licensing Board. In accordance with WAC 308-15-140 and 196-27-020, licensed hydrogeologists shall affix their signatures or seals only to plans or documents dealing with subject matter in which they are qualified by training or experience. 2020 Critical Areas Ordinance Periodic Review and Update Page 10/108 APPENDIX A 18.10.090 I definitions. None. 18.10.100 J definitions. None. 18.10.110 K definitions. None. 18.10.120 L definitions. "Landslide hazard areas" has the same meaning as in WAC 365-190-030(10). "Long-term commercial significance" has the same meaning as in WAC 365-190-030(11). 18.10.130 M definitions. "Mine hazard areas" has the same meaning as in WAC 365-190-030(12). "Mineral resource lands" has the same meaning as in WAC 365-190-030(13). "Minerals" has the same meaning as in WAC 365-190-030(14). 18.10.140 N definitions. "Natural resource lands" has the same meaning as in WAC 365-190-030(15). 18.10.150 0 definitions. None. 18.10.150 P definitions. "Producer" means a person engaged in agricultural activities, including but not limited to farmers, ranchers, vineyardists, plant propagators, Christmas tree growers, aqua culturists, floriculturists, orchardists, foresters, or another comparable person. "Public facilities" has the same meaning as in WAC 365-190-030(16). "Public services" has the same meaning as in WAC 365-190-030(17). 18.10.170 Q definitions. None. 18.10.180 R definitions. "RCW" means the Revised Code of Washington, as it now exists or may be amended in the future. 18.10.190 S definitions. "Seiche and landslide generated wave hazard areas" means lake and marine shoreline areas susceptible to flooding, inundation, debris impact, or mass wasting as the result of a seiche or 2020 Critical Areas Ordinance Periodic Review and Update Page 11/108 APPENDIX A landslide generated waves. No known best available science is currently available to characterize potential seiche hazards in Jefferson County. "Seismic hazard areas" has the same meaning as in WAC 365-190-030(18). "Site evaluation checklist" means all the information described in JCC 18.22.945(3)(d). "Species of local importance" has the same meaning as in WAC 365-190-030(19). "SIPZ" means seawater intrusion protection zones. 18.10.200 T definitions. "Tsunami hazard areas" means coastal areas susceptible to flooding, inundation, debris impact, or mass wasting as the result of a tsunami generated by seismic events. 18.10.210 U definitions. "Urban growth" has the same meaning as in WAC 365-190-030(20). 18.10.220 V definitions. None. 18.10.230 W definitions. "WAC" means the Washington Administrative Code, as it now exists or may be amended in the future. "Wetland" or"wetlands" has the same meaning as in WAC 365-190-030(22). "Wetland specialist" means a person with experience and training in wetlands issues and with experience in performing delineations, analyzing wetland functions and values, analyzing wetland impacts, and recommending wetland mitigation and restoration. Qualifications include: (1) Bachelor of Science or Bachelor of Arts or equivalent degree in biology, botany, environmental studies, fisheries, soil science, wildlife, agriculture, or related field, and two years of related work experience, including a minimum of one year experience delineating wetlands and preparing wetland reports and mitigation plans using the following manuals and guidelines: Federal Manual for Identifying and Delineating Jurisdictional Wetlands, Corps of Engineers Wetlands Delineation Manual 1987 edition and corresponding guidance letters, March 1997 Washington State Wetlands Identification and Delineation Manual, Washington State Wetlands Rating System for Western Washington, as now or hereafter amended. Additional education may substitute for one year of related work experience; or, (2) four years of related work experience and training, with a minimum of two years' experience. delineating wetlands using the manuals cited above and preparing wetland reports and mitigation plans. The person should be familiar with the Pierce County Site Development Regulations, Pierce County Wetland Management Policies, Ordinance Nos. 88-182 and 89-162, and the requirements of this Title. "Wildlife biologist" means a person with experience and training within the last ten years in the principles of wildlife management and with practical knowledge in the habits, distribution, and environmental management of wildlife. Qualifications include: 2020 Critical Areas Ordinance Periodic Review and Update Page 12/108 APPENDIX A (a) Certification as professional wildlife biologist through the Wildlife Society; (b) Bachelor of Science or Bachelor of Arts degree in wildlife management, wildlife biology, ecology, zoology, or a related field from an accredited institution and two years of professional field experience; or, (c) Five or more years of experience as a practicing wildlife biologist with a minimum of three years of practical field experience. 18.10.240 X definitions. None. 18.10.250 Y definitions. None. 18.10.260 Z definitions. None. 2020 Critical Areas Ordinance Periodic Review and Update Page 13/108 APPENDIX A Chapter 18.20 PERFORMANCE AND USE-SPECIFIC STANDARDS Sections: JCC 18.20.030 Agricultural activities and accessory uses. (1) Definitions. For the purposes of this section, the definitions in Chapter 18.10 JCC shall apply. (2) Agricultural Activities. (a) Where Allowed. Agricultural activities, as defined above and excepting those related to recreational marijuana/cannabis, are an allowed use under any of the Comprehensive Plan land use designations, subject to the provisions of this subsection, except that "processing," "packing," and "sales" are regulated under subsection (3) (Accessory Uses). Agricultural activities related to marijuana producing, processing and retail are subject to this section and JCC 18.20.295 for recreational marijuana/cannabis. Where conflicts occur, the more restrictive performance standards shall apply. (b) When Exempt from Permit Process. Agricultural activities are considered a matter of right and not subject to land use permits or approval from the administrator, except: (i) Other Applicable Laws and Rules. This section does not exempt the producer from acquiring any other required approvals from county, state, or federal agencies, including, but not limited to, approvals related to matters of public health, safety, and welfare. (ii) Critical Areas Ordinance. If there is any conflict between this chapter and Chapter 18.22 JCC, the most protective requirement applies. (iii) Stormwater Management. Jefferson County stormwater management regulations and procedures are described in JCC 18.30.060, Grading and excavation standards, and JCC 18.30.070, Stormwater management standards. These sections pertain to agricultural activities in the following manner: (A) Commercial agriculture is exempt from stormwater management minimum standards pursuant to JCC 18.30.070(2) and the referenced the Washington Department of Ecology Stormwater Management Manual for Western Washington (manual). (B) According to the manual, "commercial agriculture" is defined as: Those activities conducted on lands defined in RCW 84.34.020(2), and activities involved in the production of crops or livestock for wholesale trade. An activity ceases to be considered commercial agriculture when the area on which it is conducted is proposed for conversion to a nonagricultural use or has lain idle for more than five years, unless the idle land is registered in a federal or state soils conservation program, or unless the activity is maintenance of irrigation ditches, laterals, canals, or drainage ditches related to an existing and ongoing agricultural activity. 2020 Critical Areas Ordinance Periodic Review and Update Page 14/108 APPENDIX A (C) Accordingly, agricultural activities such as land preparation for the cultivation of crops or the grazing of livestock and the maintenance of agricultural irrigation and drainage infrastructure are exempt from meeting the minimum requirements for stormwater management and from obtaining a stormwater management permit. (D) This exemption does not apply to new development that is secondarily related to agriculture and that involves the construction of new structures, such as buildings for agricultural processing and retail sales, and the addition of impervious surfaces, such as compacted areas designed to accommodate parking. (E) This exemption does not apply to the initial clearing of forested land. Conversion of forested land to some other use incompatible with commercial forestry, as defined in the Forest Practices Act, Chapter 76.09 RCW, requires review under JCC 18.20.160, 18.30.060 and 18.30.070. The Washington Department of Natural Resources may also require a Class IV general forest practices application. (iv) Farm Ponds and Irrigation Infrastructure. (A) Construction or expansion of farm and stock ponds and irrigation ditches and infrastructure in association with commercial agriculture as defined above is exempt from meeting stormwater management minimum standards and from obtaining approval; provided, these activities are not conducted in critical areas or critical area buffers as defined in Chapter 18.22 JCC. Landowners/Producers are encouraged to document the creation of new exempt ponds through photographs(before, during, and after construction) in order to facilitate any future development review on the property. (B) Generally, pursuant to JCC 18.30.060(5)(b), drainage improvements constructed in accordance with JCC 18.30.060(2) and 18.30.070 and construction of a pond of one-half acre or less which is not in a regulated wetland are exempt from the stormwater management permit requirement outlined in JCC 18.30.070(5). (v) Livestock Management. (A) On designated agricultural lands, livestock management is allowed as a matter of right, except: (I) Any operation that meets the state or federal definition for an animal feeding operation (AFO) requires a consistency review land use permit (i.e., "Yes" or Type I). (II) Any activity that meets the state or federal definition for a custom slaughtering establishment, custom meat facility, or medium concentrated animal feeding operation (medium CAFO) requires a conditional administrative (C(a)) land use permit. (III) Any operation that meets the state or federal definition for a large concentrated animal feeding operation (CAFO), certified feed lot, public livestock market, stockyard, warehouse, or grain elevator requires a conditional use (C) land use permit. 2020 Critical Areas Ordinance Periodic Review and Update Page 15/108 APPENDIX A (B) On lands that are not designated agricultural lands, livestock management is allowed as a matter of right, except: (I) The slaughter and preparation of between 100 and 1,000 chickens or other fowl in a calendar year by the agricultural producer of the chickens for the sale of whole raw chickens by the producer directly to the ultimate consumer at the producer's farm requires a conditional administrative (C(a)) land use permit; over 1,000 shall be prohibited. (II) Any operation that meets the state or federal definition for an animal feeding operation (AFO) requires a conditional administrative land use permit (C(a)). (III) Any operation that meets the state or federal definition for a custom slaughtering establishment, custom meat facility, certified feed lot, public livestock market, stockyard, warehouse, grain elevator, or medium or large concentrated animal feeding operation (CAFO) shall be prohibited, except in the heavy industrial land use designation, where a conditional use (C) land use permit shall be required. (C) Facilities for breeding and maintaining working dogs raised for livestock management purposes are exempt from performance of JCC 18.20.060(2), Animal kennels, catteries, and shelters, in order to allow livestock guardian dogs to work during nighttime hours. Facilities for breeding and raising dogs for show or sale must be incidental and accessory to the principal farm activities and meet all of the performance standards for animal kennels and shelters at JCC 18.20.060(2). (vi) Structures. According to JCC 15.05.040(1), certain types of agricultural structures do not require a building permit from the department of community development. (A) No county building permit is required for buildings or structures erected exclusively for the storage of livestock, feed, or farm implements; provided, these structures are: freestanding, located at least 10 feet from the nearest structure and not attached to any structure, unless attached to another agricultural building; do not contain plumbing, except as necessary to maintain farm animals; do not contain a heat source, such as a wood stove or electric heat, unless specifically permitted. (B) Agricultural buildings that contain plumbing other than that as authorized above must obtain a plumbing installation permit and health department approval. (C) Agricultural buildings that contain a heat source for an agricultural purpose must obtain a wood stove permit or an electrical permit as appropriate. (D) Agricultural buildings used for the storage of private automobiles, trucks, etc., which are not licensed as farm equipment, are considered garages or carports, and must obtain a building permit. (E) Agricultural buildings used for the purpose of hosting members of the public for the purpose of retail sales of agricultural products or machinery constructed on site shall require a building permit to ensure life safety and structural integrity. If an older 2020 Critical Areas Ordinance Periodic Review and Update Page 16/108 APPENDIX A agricultural building constructed under the building permit exemption for agricultural buildings is proposed for hosting members of the public, the building shall be brought into compliance with the building code, as determined by the building official. (F) The building official shall judge whether a proposed structure, a structure under construction, or a completed structure violates this building permit exemption. A structure determined to be in violation will be considered a structure subject to the building code. (G) Temporary growing structures used solely for the commercial production of horticultural plants including ornamental plants, flowers, vegetables, and fruits are not considered structures subject to the State Building Code, Chapter 19.27 RCW, pursuant to RCW 19.27.065. (3) Accessory Uses. (a) General Provisions. Pursuant to RCW 36.70A.177: (i) Accessory uses that support, promote, or sustain agricultural operations and production shall comply with the following: (A) Accessory uses shall be located, designed, and operated so as not to interfere with natural resource land uses and shall be accessory to the growing of crops or raising of animals; (B) Accessory commercial or retail uses shall predominantly produce, store, or sell regionally produced agricultural products from one or more producers, products derived from regional agricultural production, agriculturally related experiences, or products produced on site. Accessory commercial and retail uses shall offer for sale predominantly products or services produced on site; and, (C) Accessory uses may operate out of existing or new buildings with parking and other supportive uses consistent with the size and scale of existing agricultural buildings on the site but shall not otherwise convert agricultural land to nonagricultural uses. (ii) Accessory uses may include compatible commercial or retail uses including, but not limited to: (A) Storage and refrigeration of regional agricultural products; (B) Production, sales, and marketing of value-added agricultural products derived from regional sources; (C) Supplemental sources of on-farm income that support and sustain on-farm agricultural operations and production; (D) Support services that facilitate the production, marketing, and distribution of agricultural products; and, 2020 Critical Areas Ordinance Periodic Review and Update Page 17/108 APPENDIX A (E) Off-farm and on-farm sales and marketing of predominantly regional agricultural products and experiences locally made art and arts and crafts, and ancillary retail sales or service activities. (b)Where Allowed. Accessory uses to agriculture are allowed exclusively in agricultural lands, except those for recreational marijuana. All recreational marijuana activities are subject to specific process approval allowances and prohibitions per JCC 18.15.040, Table 3-1, for recreational marijuana and the performance standards in JCC 18.20.295. (c) Where Prohibited. Accessory uses to agriculture, as defined, and regulated in this section, are prohibited in all land use districts except agricultural lands. Proposals that would be classified accessory uses in agricultural lands, such as processing, packing, and sales of agricultural products, may be considered and approved in other land use districts under different and appropriate land use classifications, such as commercial use, light industrial use, home business, cottage industry, or small-scale recreation and tourist use, subject to allowed and prohibited uses per land use district and the associated permit processes and approval criteria. (d) When Exempt from Permit Process. Accessory uses on agricultural lands, except those for recreational marijuana, are considered a matter of right and not subject to land use permits or approval from the administrator, subject to the following limitations and provisions in association with these various use categories: (i) General. All accessory uses, when exempted from a permit or approval process, shall be conducted in such a manner that: (A) Parking for all visitors or suppliers is fully accommodated on site in a location and manner that does not encroach upon or negatively impact critical areas and their protection buffers and that converts as little prime agricultural soil as practicable into nonagricultural use. (B) New structures are constructed or existing structures are expanded in a location and manner that does not encroach upon or negatively impact critical areas and their protection buffers and that converts as little prime agricultural soil as practicable into nonagricultural use. (ii) Composting and recycling must be nonhazardous and biodegradable. (iii) Processing and packing agricultural products if at least 50 percent of the product was raised or produced on the site or on other Jefferson County parcels, including but not limited to prepared foods, cheese, wine, beer, decorative materials, compost, etc., including cooperative processing and packing involving more than one local producer. (iv) Retail and wholesale sales of agricultural products from existing or new farm stands and farm buildings, including cooperative sales involving more than one local producer, subject to the following provisions: 2020 Critical Areas Ordinance Periodic Review and Update Page 18/108 APPENDIX A (A) At least 50 percent of the square footage of the undercover, retail display area is comprised of products from the farm on which the stand is located or from land owned by the owner of the stand. (B) If less than 50 percent of the products sold come from the farm on which the sale occurs, all the products sold must primarily supply local agricultural activities and the sales must be accessory to the prime function of the land as a farm. Examples are sale of hay, specialized livestock materials, farm equipment, livestock fencing, horticultural supplies, etc. (v) Farm Equipment. Commercial repair and maintenance of farm equipment and sales of equipment, structures, or machinery manufactured on site for use in agricultural operations subject to the following provisions: (A) The activity must be accessory to the main function of the property as a farm. (B) The activity shall comply with JCC 18.20.220(1)(a), (c), and (d), Industrial uses — Standards for site development. (C) Storage of vehicles, equipment, materials or products not related to agriculture must meet the requirements of JCC 18.20.280, Outdoor storage yards. (vi) Agritourism. Agriculturally related activities designed to bring the public to the farm on a temporary or continuous basis, such as U-Pick farm sales, retail sales of farm products, farm mazes, pumpkin patch sales, farm animal viewing and petting, wagon rides, farm tours, horticultural nurseries and associated display gardens, cider pressing, wine or cheese tasting, etc., subject to the following provisions: (A) All activities must be closely related to normal agricultural activities. Activities which simply adopt an agricultural theme or setting but which are not otherwise a normal extension of agricultural activities are not permitted as a matter of right; however, they may be considered under JCC 18.20.350, Small-scale recreation and tourist uses. The following list of uses not permitted as a matter of right is illustrative but not exhaustive: mechanical rides such as Ferris wheels and carousels, arcade type games and activities, dance halls, stage performances, drinking establishments that serve alcohol which is not wine produced on site,fireworks, sporting events, caged wild animals, exhibits, etc. (B) Temporary events that are not related to agriculture are regulated by JCC 18.20.380, Temporary outdoor uses. (vii) Classes. Subject to the following provisions: (A) Classes are clearly accessory to the primary function of the farm. (B) Classes must not exceed four weeks in length for any single course of instruction. Schools with classes that exceed four weeks must meet the provisions of subsection (3)(e)(ii)(B) of this section, addressing agricultural schools. 2020 Critical Areas Ordinance Periodic Review and Update Page 19/108 APPENDIX A (C) If students are regularly housed on site for the class, the provisions of JCC 18.20.210, Hospitality establishments, shall apply. (viii) Lumber Mills and Associated Forestry Processing Activities and Uses. Harvesting, sawing, processing, assembling and selling lumber is limited to timber from the designated agricultural lands property on which the activity is located and is subject to the regulations of JCC 18.20.230, Lumber mills (portable and stationary). (e) When Permit Process Is Required. (i) Proposal Exceeds Terms or Limitations. Accessory uses on agricultural lands that are best described as one of the uses listed in subsection (3)(d) of this section and yet exceed or lie outside of the terms and limitations in subsection (3)(d) of this section are considered discretionary uses (i.e., "D" uses), as defined at JCC 18.15.020(1)(b), and subject to a Type II administrative review as specified in Chapter 18.40 JCC. The administrator may classify the proposed use as an allowed "yes" use, conditional administrative use, conditional use, or prohibited use.The permit process is subsequently conducted pursuant to Chapter 18.40 JCC according to the use classification. (ii) Other Accessory Uses. The following accessory uses may be permitted on designated agricultural lands subject to a discretionary determination by the administrator(i.e., a Type II administrative review process for a "D" use); provided, they are located, designed and operated so as not to interfere with natural resource land uses and subject to the following provisions in association with these various use categories: (A) Permanent or seasonal farm worker housing, in addition to an accessory dwelling unit; provided: (I) The housing is used exclusively for agricultural workers on the farm and their families or members of the family of the farm owner with at least one member of each household actively working on the farm. (II) The housing for farm labor is not sold, leased or rented to the general public unless the owner applies for and receives a permit for an agriculture-related recreational or tourist use as specified in JCC 18.20.350. (III) The farm worker housing units are constructed in such a manner that they meet all applicable regulations for dwelling units for agricultural worker housing. (IV) A covenant is recorded with the title of the parcel on which the housing is located in a form satisfactory to the county that specifies that the units are exclusively for use by farm laborers and their families employed on the property by the owner. The use of the farm labor dwelling units may be converted to nonagricultural uses and the covenant removed subject to approval by the administrator and issuance of any required land use permits. (V) The accommodations shall not require the extension of public sewer services. 2020 Critical Areas Ordinance Periodic Review and Update Page 20/108 APPENDIX A (B) Agricultural schools which offer a program that lasts for more than 30 days per year per student and which may be the primary function of the land, subject to the following provisions: (I) The predominant focus of the curriculum and activities of the school is closely tied to and dependent upon agricultural activities and facilities on the farm. If the school has a conventional curriculum and is merely utilizing an agrarian setting, it does not qualify for location on designated agricultural land. (II) Agricultural schools under this section which also house students or faculty for the duration of the course of study must meet the requirements of JCC 18.40.490 for a conditional use permit. (III) Buildings and parking facilities used for the school avoid location on prime agricultural soils, whenever practicable. (C) Veterinary clinics or hospitals which have at least a portion of their business serving large domestic animals necessitating holding pens, paddocks, etc., subject to the provisions of JCC 18.20.420(1)(a) and (b). Veterinary clinics and hospitals that do not include an on-site, large animal practice are not permitted on land designated agricultural land. (D) Farm restaurant when it is a component of the agritourism activities of a farm subject to the restrictions in JCC 18.20.350(1). (E) Farm campground for fishing or hunting on or near farm property subject to the regulations in JCC 18.20.350(6)(a)(i) through (ix). (F) Guide services associated with livestock used for trail riding, packing, etc. (G) Rural recreational tourist lodging subject to the provisions of JCC 18.20.350. (H) Commercial display gardens subject to the requirements of JCC 18.20.350(3). 2020 Critical Areas Ordinance Periodic Review and Update Page 21/108 APPENDIX A Chapter 18.22 CRITICAL AREAS Sections: Article I. Authority, Purpose, and Intent 18.22.100 Authority. 18.22.110 Purpose. 18.22.120 Intent and Construction of Chapter. Article II. Administrative Provisions 18.22.200 Applicability. 18.22.210 Identification and mapping of critical areas. 18.22.220 Critical area review process. 18.22.230 General exemptions. 18.22.240 Nonconforming uses and structures. 18.22.250 Variances. 18.22.260 Reasonable economic use exceptions. 18.22.270 Physical separation — Functional isolation. 18.22.280 Adaptive Management. Article III. Critical Aquifer Recharge Areas 18.22.300 Purpose. 18.22.310 Classification/designation. 18.22.320 Applicability. 18.22.330 Protection standards. Article IV. Frequently Flooded Areas 18.22.400 Purpose. 18.22.410 Classification/designation. 18.22.420 Applicability. 18.22.430 Protection Standards-Incorporation by reference of Chapter 15.15 JCC and additional requirements. 2020 Critical Areas Ordinance Periodic Review and Update Page 22/108 APPENDIX A Article V. Geologically Hazardous Areas 18.22.500 Purpose. 18.22.510 Classification/designation. 18.22.520 Regulated activities. 18.22.530 Protection standards. 18.22.540 Required Assessments and Reports. Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs) 18.22.600 Purpose. 18.22.610 Classification/designation. 18.22.620 Regulated activities. 18.22.630 Protection standards. Table 18.22.630(1): Stream Buffers. Table 18.22.630(2): Buffers for Other FWHCAs. 18.22.640 Buffer Reductions and Averaging. 18.22.650 Habitat management plans—When required. 18.22.660 Mitigation. Article VII. Wetlands 18.22.700 Purpose. 18.22.710 Classification/designation. 18.22.720 Regulated activities. 18.22.730 Protection standards. Table 18.22.730(1)(a) Standard Wetland Buffer Widths. Table 18.22.730(1)(b) Required Measures to minimize impacts to wetlands Table 18.22.730(1)(c) Reduced Wetland Buffer Widths with integration of Table 18.22.730(1)(b) measures 18.22.740 Mitigation. Table 18.22.740(1): Required Replacement Ratios for Compensatory Wetland Mitigation. Article VIII Agriculture 2020 Critical Areas Ordinance Periodic Review and Update Page 23/108 APPENDIX A 18.22.800 Purpose. 18.22.810 Resource Concerns. 18.22.820 Applicability and Classification. 18.22.830 Protection Standards. Table 18.22.830(1): Agriculture Activities Allowances in Wetland/Stream and Buffers 18.22.840 Monitoring and Adaptive Management. 18.22.850 Compliance. 18.22.860 Limited Public Disclosure. Article IX. Special Reports 18.22.900 Purpose. 18.22.905 General requirements. 18.22.910 Waivers. 18.22.915 Retaining consultants. 18.22.920 Acceptance of special reports. 18.22.930 Critical aquifer recharge area reports. 18.22.940 Frequently flooded area reports. 18.22.945 Geologically hazardous area reports. 18.22.950 Habitat management plan. 18.22.955 Process and requirements for designating habitats of local importance as critical areas. 18.22.960 Wetland reports. 18.22.965 Critical area stewardship plan reports. 2020 Critical Areas Ordinance Periodic Review and Update Page 24/108 APPENDIX A Article I. Authority, Purpose, and Intent 18.22.100 Authority. This chapter is adopted under the authority of Article XI, Section 11 of the Washington State Constitution, Chapter 36.70 RCW, which empowers a county to enact a critical area ordinance and provide for its administration, enforcement and amendment, and Chapter 36.70A RCW, the Growth Management Act. 18.22.110 Purpose. The purpose of this chapter is to adopt development regulations that protect critical areas that are required to be designated under RCW 36.70A.170, part of the Growth Management Act (Chapter 36.70A RCW). 18.22.120 Intent and Construction of Chapter. The intent of this chapter is to comply with the requirements for critical areas in the Growth Management Act(Chapter 36.70A RCW), the Growth Management Act implementing regulations (Chapter 365-190 WAC), and the Jefferson County Comprehensive Plan. The provisions of this chapter and all proceedings under it shall be liberally construed with a view to affect its purpose and intent. Article II. Administrative Provisions 18.22.200 Applicability. (1) This chapter applies to any land disturbing activity, development, or activity undertaken on land located within or containing a critical area or a critical area buffer in Jefferson County. All persons within Jefferson County shall comply with this chapter. (2) Jefferson County shall not grant any permit or other approval to alter a critical area or a critical area buffer without ensuring compliance with this chapter. (3) No land disturbing activity, development, or activity on land located within or containing a critical area or a critical area buffer in Jefferson County shall be authorized without full compliance with the terms of this chapter. (4) Areas characterized by a particular critical area may also be subject to other regulations established by this chapter due to the overlap or multiple functions of some critical areas. When one critical area adjoins or overlaps another, the more restrictive standards shall apply. (5) Uses, development, and activities in critical areas or critical area buffers for which no permit or approval is required by any other provision of the Jefferson County Code nevertheless are subject to the requirements of this chapter. (6)When anyprovision of this chapter is in conflict with anyother section of the Jefferson County P Code, the provision that provides most protection to the critical area shall apply, except that any critical area occurring within the jurisdiction of the Shoreline Management Act also shall follow the policies and regulations in Chapter 18.25 JCC. 2020 Critical Areas Ordinance Periodic Review and Update Page 25/108 APPENDIX A (7)Compliance with these regulations does not remove an applicant from the obligation to comply with all other applicable federal, state, or local regulations. (8) Any action taken in a critical area or a critical area buffer designated by this chapter that is in violation of the standards and conditions contained in this chapter is expressly prohibited. (9) The requirements of this chapter shall apply concurrently with review conducted under the State Environmental Policy Act (SEPA) (Chapter 43.21C RCW), as locally adopted (Chapter 18.40 JCC). Any conditions required pursuant to this chapter shall be coordinated with the SEPA review and threshold determination. (10)This chapter applies to all forest practices over which Jefferson County has jurisdiction under Chapter 76.09 RCW and Title 222 WAC. 18.22.210 Identification and mapping of critical areas. (1)The approximate location and extent of critical areas within the county are displayed on various inventory maps available on the Jefferson County geographic information system (GIS)web site. (2)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 shall not 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. (3)The type, extent and boundaries may be determined in the field by a geotechnical professional, wetland specialist, wildlife biologist or staff person according to the requirements of this chapter. In the event of a conflict between a critical area location shown on the county's maps and that of an on-site determination, the on-site determination will apply. (4) 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 (Chapter 36.70A RCW). 18.22.220Critical area review process. (1) All applicants for new development are encouraged have a customer assistance meeting with the department prior to applying for a permit. Fees for a customer assistance meeting may be applied towards the application fee for the same project. The purpose of this customer assistance meeting is to discuss zoning and applicable critical area requirements, to review any conceptual site plans prepared by the applicant and to identify potential impacts and mitigation measures. Such conference shall be for the convenience of the applicant, and any recommendations shall not be binding on the applicant or the county. (2) The Department shall perform a critical area review for any application submitted for a regulated activity. Reviews for multiple critical areas shall occur concurrently. For critical areas within shoreline jurisdiction, critical area review shall occur as part of the shoreline review process. (3) The Department shall, to the extent reasonable, consolidate the processing of related aspects of other County regulatory programs which affect activities in regulated critical areas, such as 2020 Critical Areas Ordinance Periodic Review and Update Page 26/108 APPENDIX A subdivision or site development, with the approval process established in this chapter so as to provide a timely and coordinated review process. (4) As part of the review of all development or building-related approvals or permit applications, the Department shall review the information submitted by the applicant to: (a) Confirm the nature and type of the critical area and evaluate any required assessments, reports, or studies; (b) Determine whether the development proposal is consistent with this chapter; (c) Determine whether any proposed alterations to the site containing critical areas are necessary; and, (d) Determine if the mitigation and monitoring plans proposed by the applicant are sufficient to protect the public health, safety, and welfare consistent with the goals, purposes, objectives, and requirements of this chapter. (5) If a proposal has the potential to impact a critical area or a buffer,the administrator may require a special report pursuant to this chapter. When required, critical area special reports are subject to the following requirements: (a) The applicant is required to submit a critical area report prepared by a qualified professional based on the report requirements of this chapter; (b)The report will be evaluated to determine if all potential impacts to the critical area or buffer have been addressed in the critical area report; (c) Any impacts of the proposed development will be reviewed for compliance with mitigation 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. (6) At every stage of the application process, the burden of demonstrating that a proposal is consistent with this chapter is upon the applicant. 18.22.230 General exemptions. (1) The activities listed in JCC 18.22.230(5) are exempt from the requirements of this chapter, assuming the proposed activity complies with all provisions of the exemption. (2) The administrator may determine that an activity is closely allied or similar to any activity in this list even if the proposed does not meet the precise terms of a listed exempt activity. The administrator is authorized to determine through a Type I permit process whether or not a development should be classified as an exempt activity and that such an activity does not impact the functions and values of any critical area or a critical area buffer. 2020 Critical Areas Ordinance Periodic Review and Update Page 27/108 APPENDIX A (3) It is the responsibility of the applicant to provide sufficient information for the administrator to determine that one of the exemptions listed in JCC 18.22.230(5) applies. (4) The following activities in critical areas or critical area buffers are exempt from the requirements of this chapter: (a)Agriculture, as 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 critical area buffer. This exemption shall include maintenance and repair of lawfully established structures, infrastructure, drainage and irrigation ditches, and farm ponds; provided, maintenance work does not expand further into a critical area. (b) Forest Practices. Class I, II, Ill, and IV special (not Class IV general) forest practices regulated and conducted in accordance with the provisions of Chapter 76.09 RCW and forest practice regulations, Title 222 WAC, except where the lands have been or are proposed to be converted to a use other than commercial forest product production. (c) Maintenance —Transportation. Maintenance or reconstruction of existing public or private roads, paths, bicycle ways, trails, and bridges, provided that the maintenance or reconstruction complies with the additional requirements in JCC 18.22.230(5). (d) Maintenance or Reconstruction — On-site Sewage Systems. Maintenance or reconstruction of on-site sewage systems; provided, the maintenance or reconstruction complies with the additional requirements in JCC 18.22.230(5). (e) Maintenance—Drainage. 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; provided, the maintenance or repair complies with the additional requirements in JCC 18.22.230(5). (f) Utility activities. This exemption is limited to the utility activities listed below; provided, the utility activities complies with the additional requirements in JCC 18.22.230(5): (i) Normal and routine maintenance or repair of existing utility facilities or rights-of-way; or, (ii) Installation, construction, relocation and replacement, operation, repair, or alteration of all utility lines, equipment, or appurtenances, not including substations, in improved road rig hts-of-way. (g) Reconstruction, Remodeling, or Maintenance — Structures. This exemption is limited to reconstruction, remodeling, or maintenance of existing structures within the footprint of an existing lawfully established structure provided the maintenance complies with the additional requirements in JCC 18.22.230(5), work areas are minimized to the fullest extent possible, work areas are restored to previous conditions as soon as construction is complete, and staging areas are located outside of all critical areas and critical area buffers. This exemption shall not apply if the activity creates or continues a circumstance where personal or property damage is likely due to conditions of the critical area or if there is further intrusion into a critical area or a critical area buffer. 2020 Critical Areas Ordinance Periodic Review and Update Page 28/108 APPENDIX A (h) Site Investigative Work. Site investigative work in wetlands, landslide hazard areas, riverine and coastal erosion hazard areas, or fish and wildlife habitat conservation areas, or their critical area buffers that is necessary for land use application submittals or permit compliance, including but not limited to groundwater monitoring wells, sediment sampling, surveys, soil borings, shallow soil test pits, and percolation tests involving no fill or use of heavy equipment; provided, the site investigative work complies with the additional requirements in JCC 18.22.230(5) and excavation for soil logs or percolation tests are filled. (i) Emergency 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; provided, the emergency action complies with the additional requirements in JCC 18.22.230(5). If the nature of the emergency requires immediate action within a time period too short to allow full compliance with this chapter, 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 emergency action within one working day of the initiation of the emergency action. Any person or agency undertaking emergency action using this exemption must submit a complete application to department for review and approval within 30 days of abatement of the emergency, and the "after-the-fact" application must show compliance with all requirements of this chapter. Any impacts to critical areas or critical area buffers that are not mitigated within one year of issuance of an 'after-the-fact' permit shall be in violation of this exemption and may be subject to enforcement actions by the department. (j) Artificial Wetlands and Artificial Ponds. Artificial Wetlands and Artificial Ponds, provided: (i) The artificial wetland or pond does not meet the definition of wetland or fish and wildlife habitat conservation area; and, (ii) The artificial wetland or pond was not historically constructed from a wetland or fish and wildlife habitat conservation area (without receiving all applicable permits to modify the critical area). (k) Irrigation. Operation, maintenance and repair of dikes, ditches, reservoirs, ponds and other irrigation structures and facilities that do not require a state hydraulic permit and do not meet the criteria for being designated a fish and wildlife habitat conservation area; provided, the maintenance or repair complies with JCC 18.22.230(5). (I) Passive Recreation. Passive recreation, when the activity does not cause adverse impacts. Examples include, but are not limited to, such recreational uses as swimming, canoeing/kayaking, hunting, and fishing (pursuant to state law), bird watching, hiking, and bicycling. (m) Existing Residential Landscaping. Planting, irrigating, mowing, pruning, and maintenance and repair of land scaping structures; provided, these activities are part of existing normal residential landscaping activities and no building permit is required and the landscaping complies with JCC 18.22.230(5). This exemption does not allow any additional intrusion, expansion, or introduction of non-native species into a critical area or a critical area buffer. 2020 Critical Areas Ordinance Periodic Review and Update Page 29/108 APPENDIX A (n) Noxious Weed Control. Removal or eradication of noxious weeds listed in Chapter 16-750 WAC. Such activity is the responsibility of the landowner; provided, the following conditions are met: (i)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. (ii) All herbicide applications in aquatic environments shall conform to the rules of the Washington Department of Ecology, Washington Department of Agriculture and Washington Department of Natural Resources, pursuant to Chapters 16-228, 173-201a, and 222-38 WAC. (o) Harvesting of Wild Crops. The harvesting of wild crops; provided, that the harvesting: (i) Is not injurious to natural reproduction of such crops; (ii) Does not require tilling soil, planting crops, or changing existing topography, water conditions, or water sources; and, (iii) Does not have any adverse impacts on protection of the critical area or a critical area buffer. (p) Planting Native Vegetation. The enhancement of a critical area buffer by planting native vegetation. (q) New Trails. The construction of new, unpaved, non-motorized trails when located in the outer 25% of a wetland or a fish and wildlife habitat conservation area or their critical area buffers; provided, the new trail is no wider than five feet. This exemption shall not apply within a frequently flooded area or its critical area buffer, where development must follow FEMA requirements, or within a geologically hazardous area or its critical area buffer if the new trail will be for public use. (r) Navigation Aids and Boundary Markers. Installation of navigation aids and boundary markers; provided, they are installed in accordance with applicable state and federal laws or the installation of mooring buoys in accordance with the Washington Department of Fish and Wildlife design guidelines and the Jefferson County Shoreline Management Program (Chapter 18.25 JCC). (s) Beaver Dam Alterations with a Hydraulic Project Approval Pursuant to Chapter 77.55 RCW and Chapter 220-660 WAC. Beaver dam alteration in stream channels when undertaken with a Hydraulic Project Approval issued by the Washington Department of Fish and Wildlife pursuant to Chapter 77.55 RCW and Chapter 220-660 WAC. (5) Additional Protection and Restoration Requirements. Where compliance with this section is required by a section above, all of the following requirements must be met: 2020 Critical Areas Ordinance Periodic Review and Update Page 30/108 APPENDIX A (a) Prior to the start of the activity for which an exemption is sought, the applicant must submit to the department a written description of the activity that includes at least the following information: (i) Type, timing, frequency, and sequence of the activity to be conducted; (ii) Type of equipment to be used (hand or mechanical); (iii) Manner in which the equipment will be used; and, (iv) The best management practices to be used. The written description shall be valid for five years; provided, there is no significant change in the type or extent of the activity. (b) The activity cannot further alter, impact, or encroach upon critical areas or critical area buffers and no reasonable or practicable alternative exists. (c)The activity cannot further affect the functions of a critical area or a critical area buffer, and no reasonable or practicable alternative exists. (d) Best management practices must be implemented to minimize impacts to critical areas and critical area buffers during the activity. (e) Disturbed critical areas and critical area buffers must be restored immediately after the activity is complete. (f) Any impacts of the activity to a critical area or a critical area buffer must be mitigated, as approved by the administrator. (5) The administrator has the authority to: (a) Request information from an applicant to ensure compliance with exemption requirements; (b) Determine whether or not an application meets the exemptions listed; and, (c) Take enforcement action for any land disturbing activity, development, or action undertaken on land located within or containing a critical area or a critical area buffer in Jefferson County that does not meet exemption requirements. 18.22.240 Nonconforming uses and structures. (1) Any legal use or legal structure in existence on the effective date of this chapter that does not meet the critical area or critical area 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 this chapter, that does not meet the critical area buffer requirements of this chapter for any designated critical area, shall be considered a legal nonconforming use. 2020 Critical Areas Ordinance Periodic Review and Update Page 31/108 APPENDIX A (3) A legal nonconforming use or structure may be maintained or repaired as allowed by this chapter and the nonconforming provisions of JCC 18.20.260. 18.22.250 Variance (1) Requests for relief from the dimensional or performance standards of this chapter shall require a critical areas variance which shall be processed as a Type III permit; provided: (2) The Hearing Examiner in accordance with Chapter 2.30 JCC shall have the authority to grant a variance from the requirements of this chapter when, in the opinion of the Hearing Examiner, all of the following criteria have been met: (a) There are special circumstances applicable to the subject property or to the intended use such as shape, topography, location, or surroundings that do not apply generally to surrounding properties or that make it impossible to redesign the project to preclude the need for a variance; (b) The applicant has avoided impacts and provided mitigation to the maximum practical extent; (c)The critical area buffer reduction proposed through the variance is the minimum necessary to accommodate the permitted use; (d) Granting the variance will not be materially detrimental to the public welfare or injurious to the property or improvement; (e) Granting the variance is necessary to ensure consistency with the Comprehensive Plan and any attendant public service obligations; and, (f) No other practicable or reasonable alternative exists. (2) In lieu of criteria (2)(a)-(f), above, an applicant may pursue a critical area variance through proof of all of the following criteria: (a) The applicant has avoided impacts and provided mitigation, in accordance with this chapter, to the maximum practical extent; (b) The variance will not adversely impact receiving water quality or quantity; (c) The variance will not adversely impact any functional attribute of the critical area; (d) The variance will not jeopardize the continued existence of species listed by the Federal government or the State as endangered, threatened, sensitive, or documented priority species or priority habitats; and, (e) The variance is based on the criteria and standards referenced in this chapter. 18.22.260 Reasonable economic use exceptions. (1) Permit applicants for a property so encumbered by critical areas or buffers that application of this chapter, including buffer averaging, buffer reduction, or other mechanism, would deny all 2020 Critical Areas Ordinance Periodic Review and Update Page 32/108 APPENDIX A reasonable economic use may seek approval pursuant to the reasonable economic use standards and procedures provided in this section. (2) Nothing in this chapter is intended to preclude all reasonable economic use of property. If the application of this chapter would deny all reasonable economic use of the subject property, including agricultural use, use or development shall be allowed if it is consistent with the zoning code and the purposes of this chapter. (3) To qualify as a reasonable economic use, the technical administrator or hearing examiner, as appropriate, must find that the proposal is consistent with all of the following criteria: (a). There is no portion of the site where the provisions of this chapter allow reasonable economic use, including agricultural use or continuation of legal nonconforming uses; (b) There is no feasible alternative to the proposed activities that will provide reasonable economic use with less adverse impact on critical areas or buffers; (c) Activities will be located as far as possible from critical areas and the project employs all reasonable methods to avoid adverse effects on critical area functions and values, including maintaining existing vegetation, topography, and hydrology. Where both critical areas and buffer areas are located on a parcel, buffer areas shall be disturbed in preference to the critical area; (c) The proposed activities will not result in adverse effects on endangered or threatened species as listed by the federal government or the state of Washington, or be inconsistent with an adopted recovery plan; (d) Measures shall be taken to ensure the proposed activities will not cause degradation of groundwater or surface water quality, or adversely affect drinking water supply; (e)The proposed activities comply with all state, local and federal laws, including those related to erosion and sediment control, pollution control, floodplain restrictions, and on-site wastewater disposal; (f) The proposed activities will not cause damage to other properties; (g) The proposed activities will not increase risk to the health or safety of people on or off the site; (h) The inability to derive reasonable economic use of the property is not the result of segregating or dividing the property or creating the condition of lack of use; and, (i) The project includes mitigation for unavoidable critical area and buffer impacts in accordance with the mitigation requirements of this chapter. 18.22.270 Physical separation — Functional isolation. (1) Exclusion for Functionally Isolated Critical Areas Buffers. Subject to the limitations in subsection (2), critical areas buffers that are both physically separated and functionally isolated from a critical area and do not protect the critical area from adverse impacts shall be excluded 2020 Critical Areas Ordinance Periodic Review and Update Page 33/108 APPENDIX A from critical area buffers otherwise required by this chapter. Functional isolation can occur due to existing public roads, structures, vertical separating, or any other relevant physical characteristic. (2) Limitations on Functional Isolation. (a) Functional isolation shall be limited to wetland buffers and fish and wildlife habitat conservation area buffers only. (b) Functional isolation shall not be used in geologically hazardous areas, critical aquifer recharge areas or frequently flooded areas. (3) Special Report May be Required. The administrator may require a special report to determine whether a critical area buffer is functionally isolated. 18.22.280 Adaptive Management. Adaptive management relies on scientific methods to evaluate how well regulatory and nonregulatory actions achieve their objectives and adjusts 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 this chapter 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. Article III. Critical Aquifer Recharge Areas 18.22.300 Purpose Potable water is an essential life-sustaining element for humans and many other species. Much of Jefferson County's drinking water comes from groundwater supplies. Critical aquifer recharge areas are important to ensure the quality and quantity of groundwater in aquifers. Preventing contamination from land uses that may contaminate groundwater is necessary to protect water supplies and avoid exorbitant costs, hardships and physical harm to people and ecosystems. It is the purpose of this article to identify and classify aquifer recharge areas in accordance with WAC 365-190-100 and balance competing needs for land uses, clean water supplies and preserve essential natural functions and processes, especially for maintaining critical fish and wildlife habitat conservation areas. 18.22.310 Classification/designation. Critical aquifer recharge areas are areas with a critical recharging effect on aquifers used for potable water, including areas where an aquifer that is a source of drinking water is vulnerable to 2020 Critical Areas Ordinance Periodic Review and Update Page 34/108 APPENDIX A contamination that would affect the potability of the water, or is susceptible to reduced recharge. Critical areas aquifer recharge area maps shall be periodically revised, modified, and updated to reflect current information. The following classifications define critical aquifer recharge areas: (1) Susceptible aquifer recharge areas. 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 Washington Department of Natural Resources geologic mapping, define susceptible aquifer recharge areas for east Jefferson County: (a) Aluvial 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); (h) Vashon ice contact stratified drift (Vi); (i) Vashon ablation till (Vat); (j) Vashon advance outwash (Vao); (k)Whidbey formation (Pw); and, (I) Pre-Vashon stratified drift (Py). (2) Special Aquifer Recharge Protection Areas. 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 (42 U.S.C. 5300f et seq.), such as Marrowstone Island; (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. (3) Seawater Intrusion Protection Zones (SIPZ). 2020 Critical Areas Ordinance Periodic Review and Update Page 35/108 APPENDIX A (a) Seawater intrusion protection zones are: (i) 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. (ii) All islands and land area within one-quarter mile of marine shorelines and associated aquifers together compose the coastal SIPZ. (b) High Risk SIPZ. (i) Existing individual groundwater sources with a history of chloride analyses above 200 mg/L are categorized as a high risk SIPZ for development proposed under this code. (ii) Areas within 1,000 feet of a groundwater source with a history of chloride analyses above 200 milligrams per liter(mg/L) are categorized as a high risk SIPZ for development proposed under this code. (c) At Risk SIPZ. 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 at risk SIPZ for development proposed under this code. (d) Connate Seawater Exception. 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 evaluation demonstrates 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. (c) Recommendation from Public Health Department. When the status of an area as either a high risk or an at risk SIPZ is in question, the administrator is responsible for making the determination based upon recommendation from the Jefferson County Department of Public Health. 18.22.320 Applicability. This article applies to any development within critical aquifer recharge areas, unless the proposed activity meets any of the exemptions listed in JCC 18.22.230. (2) Other Activities. The following activities, when proposed in a critical aquifer recharge area shall be subject to the protection standards in this article: (a) All industrial and commercial land uses with the potential to impact groundwater; (b) The following rural residential land uses: (i)Those using a locally managed community sewage system; (ii)Those using a large on-site sewage system meeting the management requirements of the Washington Department of Health; and, (iii) All planned rural residential developments. 2020 Critical Areas Ordinance Periodic Review and Update Page 36/108 APPENDIX A 18.22.330 Protection standards. The following protection standards shall apply to activities; provided, the activity is not prohibited in JCC 18.22.320. (1) Critical Area Aquifer Recharge High Impact Activities. (a) High Impact Activities Listed. The activities listed in Table 18.22.330(1) high impact activities due to the probability or potential magnitude of their adverse effects on groundwater. Table 18.22.330(1)—Critical Area Aquifer Recharge High Impact Activities Critical Area Aquifer Recharge High Impact activates Chemical manufacturing and reprocessing 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 JCC 18.30.170(1) and an accepted aquifer recharge area report) Dry Cleaners Electrical battery processing, reprocessing or storage Electroplating and metal coating activities Hazardous substance disposal, storage, and treatment facilities Junk and Salvage Yards Landfills Petroleum product refinement and reprocessing Pipelines Radioactive disposal or processing of radioactive wastes Recycling centers or recycling collection facilities as defined in JCC 18.10.180 Storage tanks (above or below ground)for hazardous substances or petroleum products Waste piles as defined in WAC 173-303-660 Wood and wood products preserving (b) High Impact Activities Prohibited in Areas Classified as Both a Susceptible Aquifer Recharge Area and a Special Aquifer Recharge Protection Area. High impact activities shall be prohibited in areas that are classified as both a susceptible aquifer recharge area and a special aquifer recharge protection area. (c) High Impact Activities Proposed in Areas Classified Solely as a Susceptible Aquifer Recharge Area Require a Critical Aquifer Recharge Report. When high impact activities are proposed for a susceptible aquifer recharge area, a critical aquifer recharge report that meets all the requirements of JCC 18.22.930 shall be submitted to the department for review. (d) High Impact Activities Proposed in Areas Classified Solely as a Special Aquifer Recharge Protection Area Require an Aquifer Recharge Area Report. When high impact activities are proposed for a special aquifer recharge protection area, a critical aquifer recharge report that meets all the requirements of JCC 18.22.930 shall be submitted to the department for review. 2020 Critical Areas Ordinance Periodic Review and Update Page 37/108 APPENDIX A (2) Seawater Intrusion Protection Zones. New development, redevelopment, and activities on islands and in close proximity to marine shorelines where there is a risk or a high risk of seawater intrusion should be developed in such a manner to maximize aquifer recharge, maintain the saltwater/freshwater balance to the maximum extent possible, and are subject to the antidegradation policy in accordance with WAC 173-200-030 (Antidegradation Policy). (3) Stormwater Disposal. (a) Stormwater runoff shall be controlled and treated in accordance with best management practices and facility design standards as identified and defined in the current Stormwater Management Manual for Western Washington and the stormwater provisions contained in Chapter 18.30 JCC. To the extent practicable, stormwater should be managed in a way that facilitates aquifer recharge. (b) To help prevent seawater from intruding landward into aquifers, all new development activity on Marrowstone Island and within one-quarter mile of any marine shoreline shall be required to infiltrate all stormwater runoff on site, except for those areas within the Port Ludlow Drainage District. The administrator will consider requests for exceptions to this policy on a case-by-case basis; provided a critical area recharge report that complies with all the requirements of JCC 18.22.930 demonstrates the project does not pose a threat of seawater intruding landward into aquifers. (4) Golf Courses and Other Turf Cultivation. (a)Golf 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. (b) 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. (a) 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 Washington Department of Ecology's standards for construction and installation under Chapter 173-360A WAC. (b) Above-ground storage tanks intended to hold or store hazardous substances shall be provided with an impervious containment system, 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. 2020 Critical Areas Ordinance Periodic Review and Update Page 38/108 APPENDIX A (c) Underground storage tanks intended to store hazardous substances shall provide an impervious tertiary containment system underlying the tanks or ensure that other measures are undertaken which provide an equivalent measure of protection. (d) When required under this section, an impervious containment system must be durable, compatible with the substance it is meant to contain, and large enough to contain a volume equal to 10 percent of all containers, or 110 percent of the largest single container, whichever is greater. (6) Mining and Quarrying. For mining and quarrying, required performance standards with 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 Substances. Activities that generate, handle, store, or hazardous substances, 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 (Dangerous Waste Criteria), or which generate, handle, store or use hazardous substances, shall be required to prepare and submit a hazardous substances management plan that demonstrates that the development will not have an adverse impact on groundwater quality. The hazardous substances management plan shall describe the following: (a) How hazardous substance(s) will be managed in a manner consistent with Chapter 8.10 JCC and Chapter 173-303 WAC; (b) Screening of any waste suspected of being a regulated dangerous waste as defined in JCC 8.10.100; (c) Requirements for labeling of containers holding hazardous substances with the name of the hazardous substance(s) and the applicable Material Safety Data Sheets; and, (d) The secondary containment system to be used to prevent releases of hazardous substances to the ground, groundwater, and surface water. The facility owner must update the hazardous materials management plan annually and provide the updated plan to the department on or before the next January 1st, after the plan is updated. (8) Well Drilling, Subdivisions, and Building Permits in Seawater Intrusion Protection Zones (S I PZ). (a) Well Drilling. The Washington 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 173-160-171), unless a variance is obtained from the Washington Department of Ecology per WAC 173-160-106. (b) Subdivisions. Applications for land division (Chapter 18.35 JCC) in coastal, at risk, and high risk SIPZ must include specific and conclusive proof of adequate supplies of potable water and the applicant must provide a special report that satisfies all the requirements or a 2020 Critical Areas Ordinance Periodic Review and Update Page 39/108 APPENDIX A hydrogeologic evaluation contained in JCC 18.22.930(2)(b) that demonstrates that the creation of new lots and corresponding use of water will not cause degradation of the in the aquifer by seawater intrusion. A hydrogeologic evaluation shall not be required when the applicant demonstrates that public water is available for the entire project. (c) Marrowstone Island. Due to documented seawater intrusion on Marrowstone Island and the existence of undeveloped lots of record, the department, in consultation with Jefferson County Environmental Public Health will only allow land division on the island if public water connections are provided to each lot of a proposed project and all existing wells within the project site are decommissioned. No permit shall be approved if a public water connection to each lot of a proposed project cannot be provided. (d) 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 and the department will work in consultation with the Jefferson County Public Health Department 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 the Washington Department of Ecology, as required by RCW 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 article. (e) Voluntary and mandatory measures of the Jefferson County seawater intrusion policy apply to 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. Voluntary actions may include but are not limited to: (I)Water conservation measures; (II) Ongoing well monitoring for chloride concentration; and, (III) Submittal of data to the county. (B) Mandatory Actions. (I) For proof of potable water on a building permit application, applicant must utilize DOH-approved public water system if available; (II) If public water is unavailable, meaning the subject property is not within a current water service area, an individual well may be used as proof of potable water subject to the following requirements: 2020 Critical Areas Ordinance Periodic Review and Update Page 40/108 APPENDIX A 1. Chloride concentration of a laboratory-certified well water sample submitted with building permit application; and, 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. (I) Water conservation measures. (B) Mandatory Actions. (I) For proof of potable water on a building permit application, the applicant must utilize a Washington Department of Health-approved public water system if available; (II) If public water is unavailable, meaning the subject property is not within a current water 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 a source-totalizing meter (flow); and, (III) If public water is unavailable, a qualifying alternative system may be used as proof of potable water. (iii) High Risk SIPZ. (A) Mandatory Actions. (I)Water conservation measures; (II) For proof of potable water on a building permit application, applicant must utilize a Washington Department of Health -approved public water system if available; (III) If public water is unavailable, meaning the subject 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 the Title 173 WAC standards granted by the Washington Department of 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 submittal of a hydrogeologic evaluation that satisfies all the requirements or a hydrogeologic evaluation contained in JCC 18.22.930(2)(b); 2020 Critical Areas Ordinance Periodic Review and Update Page 41/108 APPENDIX A 2. For an existing groundwater well not subject to a Washington Department of Ecology variance, the applicant must provide a hydrogeologic evaluation that satisfies all the requirements or a hydrogeologic evaluation contained in JCC 18.22.930(2)(b), which shall be transmitted to the Washington Department of 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; 3. Chloride concentration of a laboratory-certified well water sample submitted with building permit application; 4. 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; 5. Installation of a source-totalizing meter flow; 6. Ongoing well monitoring for chloride concentration; and, 7. Submittal of flow and chloride data to the county per monitoring program; and, (IV) If public water is unavailable, a qualifying alternative system may be used as proof of potable water. (iv) Marrowstone Island. Since Marrowstone Island is a sole source aquifer and a high risk SIPZ, and the island is served by public water, proof of potable water connection to the public water supply will be required for all lots in the project. (9) Mitigating Conditions. The administrator may require additional mitigating conditions, as needed to provide protection to all critical aquifer recharge areas and 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) Results of Department's Review of a Critical Area Recharge Report, a Hydrogeologic Evaluation or a Hazardous Substances Management Plan. The department shall review a critical area recharge report, a hydrogeologic evaluation or a hazardous substances management plan and either: (a) Accept the critical area recharge report, the hydrogeologic evaluation or the hazardous substances management plan and approve the application; or, (b) Reject the critical area recharge report, the hydrogeologic evaluation or the hazardous substances management plan and require revisions or additional information. 2020 Critical Areas Ordinance Periodic Review and Update Page 42/108 APPENDIX A (11)Authority for Denial. In all critical aquifer recharge areas,the administrator may deny approval if the protection standards contained in this section or added mitigating conditions cannot prevent significant adverse groundwater quality impacts. Article IV. Frequently Flooded Areas 18.22.400 Purpose The purpose of this article is to protect the public health, safety and welfare from harm caused by flooding and to establish protection standards for these areas. It is the intent of this article to prevent damage or loss to both public and private property. 18.22.410 Classification/designation. Frequently flooded areas are lands in the floodplain subject to at least a one percent or greater chance of flooding in any given year, or within areas subject to flooding due to high groundwater. These areas include, but are not limited to, streams, rivers, lakes, coastal areas, wetlands, and areas where high groundwater forms ponds on the ground surface. Frequently flooded areas perform important hydrologic functions and may present a risk to persons and property. Flood hazard areas are depicted on the Federal Emergency Management Agency's Federal Insurance Rate Maps (FIRMs). FIRMs display areas of concern including areas that fall within the 100-year flood plain designations of the Federal Emergency Management Agency and the National Flood Insurance Program. 18.22.420 Applicability. These standards apply to any development within frequently flooded areas, unless the proposed activity meets any of the exemptions listed in Chapter 15.15 JCC. The flood damage prevention ordinance (Chapter 15.15 JCC) conforms with the intent of the minimum guidelines (WAC 365- 190-110(1)) through directly considering the effects of flooding on human health and safety, together with effects on public facilities and services, through its protection standards. 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, storage of equipment or materials, subdivision of land, removal of more than five percent of the native vegetation on the property, or alteration of natural site characteristics. 18.22.430 Protection standards - Incorporation by reference of Chapter 15.15 JCC and additional requirements. This article incorporates by reference the classification, designation and protection provisions contained in the Jefferson County flood damage prevention ordinance (Chapter 15.15 JCC) with the following additions: (1) Compliance with FIRMs. The FIRMs identified in the flood damage prevention ordinance (Chapter 15.15 JCC) shall be used to determine flood hazard areas for compliance with the Federal Emergency Management Agency (FEMA) regulatory requirements. Such flood hazard areas shall be subject to the criteria of the flood damage prevention ordinance (Chapter 15.15 JCC). 2020 Critical Areas Ordinance Periodic Review and Update Page 43/108 APPENDIX A (3) Compliance with National Marine Fisheries Service Biological Opinion. Development proposed within regulated frequently flooded areas and floodplains shall ensure no impacts to listed fish and wildlife habitat as required by the National Marine Fisheries Service (NMFS) September 22, 2008 final Biological Opinion (BiOp) under the Endangered Species Act (ESA) on the National Flood Insurance Program (NFIP) in Puget Sound (NMFS Tracking No.: 2006-00472 (or as amended by NMFS). (4) Habitat Assessment Requirements. (a)A habitat assessment that meets all the requirements of JCC 18.22.940 shall be submitted to the department for review if any portion of the proposed project occurs within a Special Flood Hazard Area (floodplain), as mapped by the Federal Emergency Management Agency (FEMA). (b) The administrator may request federal assistance in reviewing the submitted habitat assessment. (c) The administrator may waive the requirement to submit a habitat assessment only if: (i)The entire proposal meets one of the exemptions listed in Chapter 15.15 JCC and does not require a state hydraulic permit; (ii)The proposal requires a federal permit that is reviewed by federal agencies responsible for ensuring compliance with the Endangered Species Act (this could include, but is not limited to, project actions covered by separate consultation under Section 4(d), 7, or 10 of the Endangered Species Act); (iii) A habitat assessment previously has been prepared and the proposed project clearly fits within the nature and scope of that habitat assessment; or, (iv) If FEMA approves an alternate process for Jefferson County to demonstrate compliance with the Biological Opinion (such as a programmatic review), this department may waive the requirement to submit a habitat assessment. Article V. Geologically Hazardous Areas 18.22.500 Purpose. The purpose of this article is to reduce risks to human life and safety and reduce the risk of damage to structures and property from geologic hazards, to allow for natural geologic processes supportive of forming and maintaining fish and wildlife habitat, and to regulate and inform land use and planning decisions. It is recognized that the elimination of all risk from geologic hazards is not feasible to achieve but the purpose of this article is to reduce the risk to acceptable levels. 18.22.510 Classification/designation. Geologically hazardous areas are areas that because of their susceptibility to erosion, sliding, earthquake, or other geological events, are not suited to siting commercial, residential, or industrial development consistent with public health or safety concerns. Unless specifically noted below, principal sources of geologically hazardous areas mapped information are the Washington 2020 Critical Areas Ordinance Periodic Review and Update Page 44/108 APPENDIX A Department of Natural Resources Geologic Hazard Maps (https://www.dnr.wa.gov/programs- and-services/geologv/geologic-hazards/geologic-hazard-maps). (1) The following are geologically hazardous areas and subject to the standards of this article when mapped as high or moderate geologically hazardous areas: (a) Erosion Hazard Areas (as defined in JCC 18.10.50). (b) Landslide Hazard Areas (as defined in JCC 18.10.120). Landslide hazard areas include any areas susceptible to landslide because of any combination of bedrock, soil, slope (gradient), slope aspect, structure, hydrology, or other factors, as follows: (i) Areas of historic failures, such as: (A) Areas delineated by United States Department of Agriculture, Natural Resources Conservation Service as having a significant limitation for building site development; (B) Coastal areas mapped by the Washington Department of Ecology Coastal Atlas as unstable, unstable old slides, and unstable recent slides in; or, (C) Areas designated and mapped as quaternary slumps, earthflows, mudflows, lahars, or landslide hazards by the Washington Department of Natural Resources or the United States Geological Survey. (ii) Areas where all three of the following conditions occur: (A) Slopes are steeper than 15 percent; (B) Hillsides intersecting geologic contacts with a relatively permeable sediment overlying a relatively impermeable sediment or bedrock; and, (C) Spring or groundwater seepage. (iii)Areas that have shown movement during the Holocene epoch (from 10,000 years ago to present) or have been underlain or covered by mass wastage debris of this epoch. (iv) Areas with slopes 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 having gradients 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 erosion, and undercutting by wave action, including stream channel migration zones. (vii) Areas that show evidence of, or are at risk from, snow 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 with a slope of 40 percent or steeper and with a vertical relief of 10 or more feet, except areas composed of bedrock. 2020 Critical Areas Ordinance Periodic Review and Update Page 45/108 APPENDIX A (c) Seismic Hazard Areas (as defined in JCC 18.10.190). (d) Channel Migration Zones (CMZs) (as defined in JCC.18.10.030). (d) Seiche and Landslide Generated Wave Hazard Areas (as defined in JCC 18.10.190). (e) Tsunami Hazard Areas (as defined in JCC 18.10.200). (f) Other geologic events, such as coal mine hazards and volcanic hazards are not a known risk in Jefferson County, and are therefore, not subject to review as part of the permitting process. 18.22.520 Regulated activities. (1) Any development activity or action requiring a project permit or any clearing within an erosion or landslide area shall: (a) Comply with the requirements in an approved geotechnical report when one is required, including application of the largest buffer or building setback; (b) Utilize best management practices (BMPs) and all known and available technology appropriate for compliance with this chapter and typical of industry standards; (c) Prevent collection, concentration or discharge of storm water or groundwater within an erosion or landslide hazard area and be in compliance with JCC 18.30.070 (Storm Water Management Standards); and, (d) Minimize impervious surfaces and retain vegetation to minimize risk of erosion or landslide hazards. (2) Any development activity or action requiring a project permit or any clearing within an erosion or landslide area shall not: (a) Result in increased risk of property damage, death or injury; (b) Cause or increase erosion or landslide hazard risk; (c) Increase surface water discharge, sedimentation, slope instability, erosion or landslide potential to adjacent downstream and down-drift properties beyond predevelopment conditions; (d) Adversely impact wetlands, fish and wildlife habitat conservation areas or their buffers; or, 2020 Critical Areas Ordinance Periodic Review and Update Page 46/108 APPENDIX A (e) Be identified as a critical facility necessary to protect public health, safety and welfare. This includes, but is not limited to, schools, hospitals, police stations, fire departments and other emergency response facilities, nursing homes, and hazardous material storage or production. 18.22.530 Protection standards. (1) Clearing, Grading and Vegetation Removal. (a) Minor pruning of vegetation for view enhancement may be allowed through consultation with the department. The thinning of limbs on individual trees is preferred to topping of trees for view corridors. Total buffer thinning shall not exceed twenty-five percent and no more than thirty percent of the live tree crowns shall be removed. (b) Vegetation shall not be removed from a landslide hazard area, except for hazardous trees based on review by a qualified arborist or as otherwise provided for in a vegetation management and restoration plan. (c) Seasonal Restrictions. Clearing and grading shall be limited to the period between May 1st and October 1st, unless the applicant provides an erosion and sedimentation control plan prepared by a professional engineer licensed in the state of Washington that specifically and realistically identifies methods of erosion control for wet weather conditions. (d) Only the clearing necessary to install temporary erosion control measures will be allowed prior to clearing for roads and utilities construction. (e) The faces of cut and fill slopes shall be protected to prevent erosion as required by the engineered erosion and sedimentation control plan. (f) Clearing for roads and utilities shall be the minimum necessary and shall remain within marked construction limits. (g) Clearing for overhead power lines shall be the minimum necessary for construction and will provide the required minimum clearances for the serving utility corridor. (2) Existing Logging Roads. Where existing logging roads occur in geologically hazardous areas, a geological assessment may be required prior to use as a temporary haul road or permanent access road under a conversion or COHP forest practices application. (3) The department may also require: 2020 Critical Areas Ordinance Periodic Review and Update Page 47/108 APPENDIX A (a) Clustering to increase protection to geologically hazardous areas; or (b) Enhancement of buffer vegetation to increase protection to geologically hazardous areas. (4) The provisions in this section are in addition to those required in JCC 18.30.060 (grading and excavation standards) and JCC 18.30.070 (stormwater management standards). (5) If there is a conflict between applicable published standards, the more restrictive protection requirement applies. (6) Drainage and Erosion Control. (a) An applicant submitting a project application shall also submit, and have approved, a, a stormwater site plan that meets all the requirements of JCC 18.30.070(4)(e), when the project application involves either of the following: (i) The alteration of a high or moderately high geologically hazardous area or its critical area buffer; or, (ii) The creation of a new parcel within a high or moderately high geologically hazardous area; and, (b) 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 that is mapped as high or moderate erodible or susceptible to landslide or debris flow. The applicant must demonstrate that the stormwater discharge cannot be accommodated on site or upland by evidence presented in a geological assessment as required by JCC 18.22.945, 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) The applicant must clearly demonstrate in the geological assessment that stormwater quantity, quality, and flow path post-construction will be comparable to pre-construction conditions. (7) Vegetation Retention. The following provisions regarding vegetation retention shall apply: (a) During clearing for roadways and utilities, all trees and understory vegetation lying outside of approved construction limits shall be retained to the maximum extent practicable; (b) Clearing limits, as shown on the approved site plan, shall be marked by orange construction barrier fencing to be installed prior to beginning any clearing, grading, or other land-disturbing activities; 2020 Critical Areas Ordinance Periodic Review and Update Page 48/108 APPENDIX A (c) Vegetation within identified clearing limits may be removed upon permit issuance. All vegetation within the high or moderate geologically hazardous area or its critical area buffer, but outside the marked clearing limits, shall be retained. Cleared vegetation shall not be placed within a high or moderate geologically hazardous area unless it is used as part of a mitigation plan consistent with other critical area mitigation provisions, is reviewed by the geotechnical professional, and is approved by the administrator; and, (iv) 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 elsewhere within the Title 18 JCC, the more restrictive protection requirement applies. (8) Erosion and Landslide Hazard Development Standards. (a) Development activities or actions requiring project permits or clearing shall not be allowed in landslide hazard areas unless a geotechnical report demonstrates that building within a landslide hazard area will provide protection commensurate to being located outside the landslide hazard area and meets the requirements of this section. This may include proposed mitigation measures. (b) Top of Slope Building Setback. All development activities or actions that require project permits or clearing in erosion and landslide hazard areas shall provide native vegetation from the toe of the slope to twenty-five feet beyond the top of slope, with an additional minimum fifteen-foot building and impervious surface setback, unless otherwise allowed through a geologic assessment. The minimum building and setback shall be increased from the top of the slope as follows: (i) For high landslide hazard areas, the setback shall be equal to the height of the slope (1:1 horizontal to vertical) plus the greater of one-third of the vertical slope height or twenty-five feet. (ii) For moderate landslide hazard areas, the setback shall be forty feet from the top of slope. (9) Geotechnical Report for Toe of Slope Building Setback may be required. A geotechnical report may be required based on slope height and stability indicators. (10) Larger Native Vegetation Width may be Required. The department may require a larger native vegetation width than the standard buffer distance as determined above, if any of the following are identified through the geological assessment process: 2020 Critical Areas Ordinance Periodic Review and Update Page 49/108 APPENDIX A (a) The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse impacts; (b) The area has a severe risk of slope failure or downslope storm water drainage impacts; or, (c) The minimum native vegetation width or building setback requirement may be decreased if a geotechnical report demonstrates that a lesser distance, through design and engineering solutions, will adequately protect both the proposed development and the erosion or landslide hazard area. The department may decrease the setback when such a setback would result in a greater than 1:1 slope setback. (10) Seismic Hazard Development Standards. (a) Development activities or actions requiring a project permit occurring within two hundred feet of a "high hazard" seismic hazard area may be allowed with an approved geotechnical report that confirms the site is suitable for the proposed development and addresses any fill or grading that has occurred on the subject parcel. (b) Development activities or actions requiring a project permit within a seismic hazard area shall be in accordance with Title 15 JCC. (11) Reducing Buffer Widths. The administrator may reduce geologically hazardous area buffers as follows: (a) Buffers may be reduced by up to 25 percent with a geotechnical report prepared by a geotechnical professional with a state stamp; provided, the geotechnical report identifies recommendations for preventing or minimizing risks post-development. (b) All buffer reductions 25 percent or greater and all development within a high or moderate geologically hazardous area shall require a geotechnical report prepared by a geotechnical professional.The administrator may require a third-party review based on JCC 18.22.930 or the applicant enters into an indemnity and hold harmless agreement with the county that is approved by the county's risk manager and the prosecuting attorney. If the administrator requires a third-party review of the geotechnical report, the administrator shall be responsible for identifying and transmitting the geotechnical report to the third-party reviewer. (12) 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 and to reduce risks to public safety and welfare. Information that may be used to support this determination, include but are not limited to: (a) The landslide area is unstable and active. 2020 Critical Areas Ordinance Periodic Review and Update Page 50/108 APPENDIX A (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. (14) Landslide hazard areas — Additional Standards. The following activities may be allowed in active landslide hazard areas when all reasonable measures have been taken to minimize risks and other adverse effects associated with landslide hazards, and when the amount and degree of the alteration are limited to the minimum needed to accomplish the project purpose: (a) The standards of 18.22.530(1) shall apply. (b) Developments that will not increase the threat to the health or safety of people and will not increase potential for landslides on or off the site and meet the reasonable economic use exception in JCC 18.22.260. (c) Utility lines and pipes that are above ground, properly anchored or designed so that they will continue to function in the event of a slope failure or movement of the underlying materials and will not increase the risk or consequences of static or seismic slope instability or result in a risk of mass wasting. Such utility lines may be permitted only when the applicant demonstrates that no other feasible alternative is available to serve the affected population. (d)Access roads and trails that are engineered and built to standards that minimize the need for major repair or reconstruction beyond that which would be required in nonhazard areas. Access roads and trails may be permitted only if the applicant demonstrates that no other feasible alternative exists, including through the provisions of Chapter 8.24 RCW. If such access through critical areas is granted, exceptions or deviations from technical standards for width or other dimensions and specific construction standards to minimize impacts, including drainage and drainage maintenance plans, may be required. (e) Stormwater conveyance through a properly designed stormwater pipe when no other storm-water conveyance alternative is available. The pipe shall be located above ground and be properly anchored or designed so that it will continue to function in the event of a slope failure or movement of the underlying materials and will not increase the risk or consequences of static or seismic slope instability or result in increased risk of mass wasting activity. (15) Seismic hazard areas — Standards. Development may be allowed in seismic hazard areas when all of the following apply: (a) The standards of JCC 18.22.530(1) shall apply. (b) Structures in seismic hazard areas shall conform to applicable analysis and design criteria of Chapter 18.15.05 JCC. (c) Public roads, bridges, utilities, and trails shall be allowed when there are no feasible alternative locations, and geotechnical analysis and design are provided that minimize 2020 Critical Areas Ordinance Periodic Review and Update Page 51/108 APPENDIX A potential damage to roadway, bridge, and utility structures, and facilities will not be susceptible to damage from seismically induced ground deformation. Mitigation measures shall be designed in accordance with the most recent version of the American Association of State Highway and Transportation Officials (AASHTO) Manual or another appropriate document. (16) Tsunami hazard areas— Standards. (a) The standards of JCC 18.22.530(1) shall apply. (b) For development within tsunami hazard areas the proposed development shall be designed to provide protection from the tsunami hazard that meets the projected hazard on the Washington Department of Natural Resources Tsunami Inundation Maps. (c) For other low-lying coastal areas not included on the inundation maps, development shall be designed to provide protection for debris impact and an inundation as determined by current Washington Department of Natural Resource modeling, unless other measures can be shown to provide equal or greater protection. 18.22.540 Required Assessments and Reports. (1) Map Review. The Jefferson County geologically hazardous areas maps (erosion, landslide, and seismic) provide an indication of where potential geologically hazardous areas are located within the county. The department will complete a review of the map to determine if the proposed activity is located within a hazard area. (2) When a Geological Assessment is Required. A geological assessment shall be required when the proposed activity is located within a potential hazard area. (3) Work must be Performed by a Geotechnical Professional. A geotechnical professional, as defined in JCC 18.10.070, shall complete a field investigation and geological assessment to determine whether or not the site for the proposed activity is affected by the geologic hazard, as provided in subsection (4) of this section. (4) Geological Assessment Types. The geological assessment shall be submitted in the most applicable form as follows: (a) A geological letter. When the geotechnical professional finds that no moderate or high hazard area exists within two hundred feet of the site, a stamped letter may be submitted demonstrating those findings; (b) A geological report. When the geotechnical professional finds that a moderate or high geologically hazardous area exists within two hundred feet of the site, but will not impact the site or need engineering design recommendations; 2020 Critical Areas Ordinance Periodic Review and Update Page 52/108 APPENDIX A (c) A geotechnical report. When the geotechnical professional finds that a moderate or high geologically hazardous area exists within two hundred feet of the site, and will require engineering design recommendations or other mitigation measures necessary in order to construct or develop within the geologically hazardous area. (5) The department shall review the geological assessment and either: (a) Accept the geological assessment and approve the application; or (b) Reject the geological assessment and require revisions or additional information. 18.22 550 Recording and disclosure. The following information shall be included in a notice to title that must be signed, notarized, and recorded with the county auditor prior to permit issuance for development in a geologically hazardous area requiring a geotechnical report: (1) An abstract and description of the specific types of risks identified in the geotechnical report; (2) A statement that the owner(s) of the property understands and accepts the responsibility for the risks associated with developments on the property given the described condition, and agrees to inform future purchasers and other successors and assignees of the risks; and, (3) A statement that the owner(s) of the property acknowledge(s) that this chapter does not create liability on the part of Jefferson County or any officer or employee thereof for any damages that result from reliance on this chapter or any administrative decision lawfully made under this chapter. (4) Expiration of Geotechnical Reports. Unless there are documented significant changes, modifications, or other geologic events to render an existing geotechnical report invalid, an existing report shall be considered valid. Validity shall be examined upon submittal of proposed developments or every five years whichever is later. (5) Geologically Hazardous Areas — Marking Limits. The limits (or outer extent) of a geologically hazardous area shall be marked onsite as follows: (a) High or Moderately High Geologically hazardous areas shall be identified and staked by a geotechnical professional. For landslide hazards, the top or toe of slope closest to the proposed activity 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. 2020 Critical Areas Ordinance Periodic Review and Update Page 53/108 APPENDIX A (b) Stakes shall be installed and marked as necessary to clearly identify the geologically hazardous areas present; provided, the distance between each of the stakes shall not exceed 50 feet. (c) Staked limits of the geologically hazardous area shall remain onsite based on the type of application, as follows: (i) Stakes for building or septic applications shall remain in place until a final building certificate of occupancy for a building permit or a final for 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 hazardous area by the project geotechnical professional. (iii) Staking for any other application requiring land use review shall remain in place 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 submitted site plan. (d) The staked location of the on-site geologically hazardous areas shall be shown on a site plan submitted with an application. (e) If more than one geologically hazardous area is present, only the most restrictive geologically hazardous area (area closest to the proposed activity) shall be staked by the geotechnical professional. (4) Buffer Marking. The location of the outer extent of geologically hazardous area buffers shall be marked in the field as follows: (a) Geologically hazardous areas and buffers shall be shown on a site plan submitted with an application. (b)Geologically hazardous area buffers shall be staked onsite prior to beginning any clearing, grading, or other land-disturbing activities. The administrator may waive this requirement if all development activities are outside of the geologically hazardous area buffer. (c) The administrator may require signs be posted at the buffer edge if the proposed activity is commercial or industrial, or if the proposed activity is proposed on public lands. Article VI. Fish and Wildlife Habitat Conservation Areas (FWHCAs) 18.22.600 Purpose. The purposes of this article are to: (1) Protect, restore, and maintain native fish and wildlife populations by protecting and conserving fish and wildlife habitat and protecting the ecological processes, functions and values, and biodiversity that sustain these resources. 2020 Critical Areas Ordinance Periodic Review and Update Page 54/108 APPENDIX A (2) Protect valuable aquatic and terrestrial habitats, including lakes, ponds, rivers, and streams and their associated riparian areas, corridors for state or federally listed species and the ecosystem processes on which these areas depend. (3) Regulate development so that isolated populations of species are not created and habitat degradation and fragmentation are minimized. (4) Maintain the natural geographic distribution, connectivity, and quality of fish and wildlife habitat and ensure no net loss of such important habitats, including net losses through cumulative impacts. 18.22.610 Classification/designation. Fish and Wildlife Habitat Conservation Areas (FWHCAs) are areas that serve a critical role in sustaining needed habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the likelihood that the species will persist over the long term. FWHCAs include those areas identified as being of critical importance to the maintenance of endangered, threatened, or sensitive species of fish, wildlife or plants, or designated habitats and species of local importance. (1) The following are designated as fish and wildlife habitat conservation areas: (a)Areas where federally listed species (endangered and threatened) and state-listed species (endangered, threatened, and sensitive species) have a primary association. (b) Rivers and streams not otherwise addressed under Washington State Forest Practices regulations (Chapter 76.09 RCW and Title 222 WAC). (c) Commercial and recreational shellfish areas. (d) Kelp and eelgrass beds. (e) Surf smelt, Pacific herring, and Pacific sand lance, and other forage fish spawning areas. (f) Naturally occurring ponds less than 20 acres, including submerged aquatic beds that provide fish and wildlife habitat. (g) Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity. (h)State natural area preserves, natural resource conservation areas, and state wildlife areas. (i) Species and habitats of local importance designated pursuant to the process delineated in Article IX (Special Reports). (2) Designated fish and wildlife habitat conservation areas that are within shoreline jurisdiction are regulated under the shoreline master program in Chapter 18.25 JCC, and in circumstances where this chapter conflicts with the shoreline master program, the provisions of the shoreline master program shall prevail. 2020 Critical Areas Ordinance Periodic Review and Update Page 55/108 APPENDIX A 18.22.620 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 and, in certain circumstances, activity allowances, that are directly undertaken or originate in a FWHCA, unless otherwise exempted under JCC 18.22.230. (1) Stream Crossings. Any private or public road expansion or construction which is proposed and must cross streams classified within this article shall comply with the following minimum development standards: (a) The design of stream crossings shall meet the requirements of the Washington Department of Fish and Wildlife. Fish passage shall be provided if necessary to address manmade obstructions on-site. Other alternatives may be allowed upon a showing that, for the site under review, the alternatives would be less disruptive to the habitat or that the necessary building foundations were not feasible. (b) Crossings shall not occur in salmonid spawning areas unless no other reasonable crossing site exists; (c) Bridge piers or abutments may be allowed either within the floodway or between the ordinary high-water marks provided no other reasonable alternativeplacement exists; , (d) Crossings shall serve multiple properties whenever possible; and, (e)Where there is no reasonable alternative to providing a culvert, the culvert shall be the minimum length necessary to accommodate the permitted activity. (2) Utilities. Placement of utilities within designated fish and wildlife habitat areas may be allowed pursuant to the following standards: (a) Construction of utilities may be permitted in FWHCAs when no practicable or reasonable alternative location is available and the utility corridor does not cause or increase habitat fragmentation for state or federally listed species and meets the requirements for installation, replacement of vegetation and maintenance outlined below. Utilities are encouraged to follow existing or permitted roads where possible. (b) Construction of sewer lines or on-site sewage systems may be permitted in FWHCA buffers when it can be demonstrated that it is necessary to meet state or local health code requirements; that there are no other practicable alternatives available; and, construction meets the requirements of this article. Joint use of the sewer utility corridor by other utilities may be allowed. (c) New utility corridors shall not be allowed in FWHCAs with known locations of federal or state-listed endangered, threatened, or sensitive species, except in those circumstances where an approved habitat management plan is in place. (d) Utility corridor construction and maintenance shall protect the environment of fish and wildlife habitat areas. 2020 Critical Areas Ordinance Periodic Review and Update Page 56/108 APPENDIX A (i) New utility corridors shall be aligned when possible to avoid cutting trees greater than 12 inches in diameter at breast height(four and one-half feet) measured on the uphill side. (ii) New utility corridors shall be revegetated with appropriate native vegetation at not less than preconstruction vegetation densities or greater, immediately upon completion of construction or as soon thereafter as possible due to seasonal growing constraints. The utility shall ensure that such vegetation survives for a three-year period. (e) Utility towers should be painted with brush, pad or roller and should not be sandblasted or spray-painted, nor shall lead-based paints be used. (f) Utilities should follow best management practices for avian protection. (3) Bank Stabilization. (a)A stream channel and bank, bluff, and shoreline may be stabilized when naturally occurring earth movement threatens existing legal structures, public improvements, unique natural resources, public health, safety or welfare, or the only feasible access to property, and, in the case of streams, when such stabilization results in maintenance of fish habitat or improved water quality, as demonstrated through a habitat management plan or equivalent study or assessment. (b) Bluff, bank and shoreline stabilization shall follow the standards of the Jefferson County shoreline master program, geologically hazardous areas provision in this chapter, and the flood damage prevention ordinance. (4) Gravel Mining. (5) Forest Practices, Class IV General and Conversion Option Harvest Plans. (6) Road/Street Expansion and New Construction. Any private or public road or street expansion or construction may be allowed in a FWHCA provided it complies with the following minimum development standards: (a) No other reasonable or practicable alternative exists and the proposed road or street serves multiple properties whenever possible; (b) Public and private roads are encouraged to provide for other purposes, such as utility crossings, pedestrian, or bicycle easements, viewing points, etc.; and, (c) The road or street construction is the minimum necessary, as required by the department of public works' guidelines. Minimum necessary provisions may include projected level of service requirements. (7) Outdoor Recreation, Education, and Trails Construction. Activities and improvements that do not significantly affect the function of the FWHCA (including viewing structures, outdoor scientific or interpretive facilities, trails, hunting blinds, etc.) may be permitted in FWHCAs. (a) Trails and other facilities shall, to the extent feasible, be placed on existing road grades, utility corridors, or other previously disturbed areas; 2020 Critical Areas Ordinance Periodic Review and Update Page 57/108 APPENDIX A (b) Trails and other facilities shall be planned to minimize removal of trees, shrubs, snags, and important wildlife habitat; (c) Viewing platforms, interpretive centers, benches, and access to them, shall be designed and located to minimize impacts to wildlife, fish, or their habitat; or, (d) Trails, in general, shall be set back from streams so that there will be minimal impact to the stream from trail use or maintenance. Trails shall be constructed with pervious surfaces when feasible and trails within FWHCAs are not intended to be used by motorized vehicles. (8) Chemical Application or Storage. (9) Land Division, Land Use Permits and Land Alteration (such as excavation, dredging, grading, or filling). (10) Modification of Hydrologic Regime or Conditions (including placement of obstructions or impediments to natural water flow or movement). (11)Agricultural Activities - see Article VIII 18.22.800 (12) Vegetation 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, the activity is not exempt under JCC 18.22.070). Minor pruning may be allowed provided it is consistent with JCC 18.22.530(1)(a) and (b). (13) Relocation of streams, or portions of streams, may be allowed when there is no other feasible alternative and when the relocation will result in equal or better habitat and water quality and quantity, and will not diminish the flow capacity of the stream or other natural stream processes; provided, the relocation meets state hydraulic project approval requirements and that relocation of shoreline streams shall be prohibited unless the relocation has been identified formally by the Washington Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement or identified in watershed planning documents prepared and adopted pursuant to Chapter 90.82 RCW. 18.22.630 Protection standards. (1) General. Application for a project on a parcel of real property containing a designated FWHCA shall adhere to the requirements in this section. (2) Drainage and Erosion Control. In addition to complying with the stormwater requirements of Chapter 18.30 JCC, the applicant must clearly show that stormwater quantity, quality, and flow path post-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 Chapter 18.30 JCC. (4) Vegetation Retention. The following provisions regarding vegetation retention shall apply: 2020 Critical Areas Ordinance Periodic Review and Update Page 58/108 APPENDIX A (a) Vegetation within FHWCAs or buffers shall be retained to the extent practicable. Unless exempt under this chapter, vegetation removal or alteration of a FWHCA or a buffer shall require review and approval by the department. (b)Altering the habitat conditions of FWHCAs or buffers without prior review and approval by the department is prohibited. (c) All trees and understory vegetation lying outside of road rights-of-way and utility easements shall be retained (except for hazard trees) during maintenance clearing of rights- of-way for roadways and utilities; provided, understory vegetation damaged during approved clearing operations may be pruned. (d) 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. (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 in Tables 18.22.630(1) and 18.22.630(2) of this section. (ii)A building setback line of 5 feet is required from the edge of any buffer area; however, nonstructural improvements such as septic drain fields may be located within setback areas and buffers. (iii) Utilities including sewer lines and on-site sewage systems may be permitted in FWHCA buffers only when no practicable or reasonable alternative location is available. (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) The administrator shall have the authority to increase a buffer width, if supported by appropriate documentation showing the increase is needed to protect the functions and values of the FWHCA. (vi) The administrator shall require signs be posted at the buffer edge 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 FWHCA/stream functions and values at the time of the proposed activity. When a buffer lacks adequate vegetation to protect critical area functions, the 2020 Critical Areas Ordinance Periodic Review and Update Page 59/108 APPENDIX A administrator may require additional documentation before allowing 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 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, 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 18.22.630(1): Stream Buffers* Stream Type Buffer Requirement Type "S" —Shoreline Streams 150 feet Type "F" — Fish Bearing Streams 150 feet Type "Np"— Non-Fish Bearing 75 feet Perennial Streams Type "Ns" — Non-Fish Bearing 75 feet Seasonal Streams greater than or equal to 20% grade Type "Ns" — Non-Fish Bearing 50 feet Seasonal Streams less than 20% grade *Note: (a) The buffers above shall apply to culverted streams. (b) The buffers above shall not apply to lawfully established piped streams. The burden of proof is on the applicant to show that the pipe was lawfully established; failure to demonstrate compliance with this requirement shall result in buffers being required. (c) Stream type shall be determined using the criteria 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: 2020 Critical Areas Ordinance Periodic Review and Update Page 60/108 APPENDIX A Table 18.22.630(2): Buffers for Other FWHCAs FWHCA Type Buffer Requirement Areas where federally listed Buffers shall be 150 feet; provided, local and site (endangered and threatened) species or specific factors shall be taken into consideration and state-listed (endangered, threatened, the buffer width based on the best available and sensitive) species have a Primary information concerning the species/habitat(s) in Association question or the opinions and recommendations of a qualified professional with appropriate expertise. Commercial and Recreational Shellfish Buffers shall extend 150 feet landward from ordinary Areas high-water mark of the marine shore. Kelp and Eelgrass Beds Buffers apply to areas where native kelp and eelgrass species occur only, and buffers shall extend 22 feet from each patch. There is no buffer for non-native kelp and eelgrass beds. Surf Smelt, Pacific Herring, and Pacific Buffers shall extend 150 feet landward from ordinary Sand Lance Spawning Areas high-water mark of the marine shore. Natural Ponds and Lakes (along with Ponds under 20 acres—buffers shall extend 50 feet any submerged aquatic beds serving as from the ordinary high-water mark. fish or wildlife habitat) Lakes 20 acres and larger— buffers shall extend 100 feet from the ordinary high-water mark; provided, where wetlands are associated with the shoreline, the wetland buffer requirements shall also apply. Natural Area Preserves Natural Buffers shall not be required adjacent to these Resource Conservation Areas areas. These areas are assumed to encompass the land required for species preservation. Game Fish Planted by a Governmental Ponds under 20 acres—buffers shall extend 50 feet or Tribal Agency (lakes, ponds, streams, from the ordinary high-water mark. and rivers) Lakes 20 acres and larger— buffers shall extend 100 feet from the ordinary high-water mark; provided, where wetlands are associated with the shoreline, the wetland buffer requirements shall also apply. Stream and rivers—see Table 18.22.630(1). Designated Habitats of Local Importance The need for and dimensions of buffers for other locally important species or habitats shall be determined on a case-by-case basis. 18.22.640 Buffer Reductions and Averaging (1) The administrator shall have the authority to reduce buffer widths on a case-by-case basis; provided, the specific standards for avoidance and minimization in JCC 18.22.660 shall apply, and when the applicant demonstrates to the satisfaction of the administrator that all of the following criteria are met: 2020 Critical Areas Ordinance Periodic Review and Update Page 61/108 APPENDIX A (a) The buffer reduction shall not adversely affect the habitat functions and values of the adjacent FWHCA or other critical area. (b) The buffer shall not be reduced to less than 75 percent of the standard buffer, unless it can be demonstrated through a special report prepared by a qualified professional that there will be no net loss of FWHCA functions or values. (c)The slopes adjacent to the FWHCA within the buffer area are stable and the gradient does not exceed 30 percent. (2) The administrator shall have the authority to average buffer widths on a case-by case basis; provided, the specific standards for avoidance and minimization in JCC 18.22.660 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 averaging does not reduce the buffer to less than 75 percent of the standard width or 50% for single family residential development. (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. (3) The limits of clearing for the proposed development or use shall be shown on the site plan relative to the FWHCA and the buffer. (4) 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. (5) 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. 18.22.650 Habitat management reports —When required. (1) When a development, use, or activity is proposed on lands designated as a fish and wildlife habitat conservation area or a buffer, a habitat evaluation may be required. An on-site habitat evaluation determines if FWHCAs or buffers occur in the project area. 2020 Critical Areas Ordinance Periodic Review and Update Page 62/108 APPENDIX A (2) If the proposed 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. (3) Evaluations shall be conducted pursuant to the special report requirements found in Article IX Special Reports. (4) Types of Reports. When 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 a qualified professional and either be: (a) Habitat Reconnaissance Letter. This type 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 project area, which includes those areas that may be temporarily affected by construction-related activities or would be within the limits of clearing for construction. Habitat reconnaissance letters shall be prepared by a wildlife biologist based on requirements presented in Article IX (special reports) of this chapter. (b) Habitat Management Plan. This type of report shall be used if the field evaluation determines that any portion of the proposed project occurs within a regulated FWHCA or buffer, which includes those areas that may be temporarily affected by construction-related activities or would be within the limits of clearing for construction. This type of report shall be used if a proposed buffer reduction or buffer averaging does not exceed 25 percent of the standard buffer width, as shown in Tables 18.22.630(1) and (2). Habitat management plans shall be prepared by a wildlife biologist based on report requirements in Article IX (special reports) of this chapter. (d) If the proposal cannot meet the mitigation or critical areas stewardship plan requirements of this chapter, a critical area variance or reasonable use exception in JCC 18.22.250 or JCC 18.22.260 shall be followed and a habitat management plan shall be required. An applicant may pursue a financially bonded critical area stewardship plan (CASP) as applicable under 18.22.965 provided, the proposal can meet all CASP financial and other provisions. (d) If a dive survey is required, the results of the survey shall be described in a report and supported by photos taken underwater. 18.22.660 Mitigation (1)When required. Mitigation is required for FWHCA buffer reductions greater than 25% but less than 50% of the standard buffer widths. Applications for FWHCA buffer reductions greater than 50% may pursue a financially-bonded critical areas stewardship plan or be approved for buffer reductions greater than 50% through a hearing examiner variance or reasonable economic use exception in accordance with this chapter. All unavoidable impacts to FWHCA require mitigation. (2) FWHCA Mitigation Sequencing. 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 following order: 2020 Critical Areas Ordinance Periodic Review and Update Page 63/108 APPENDIX A (a) Avoiding the impact altogether by not taking a certain action or parts of an action; (b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation; (c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the historical condition or the condition existing at the time of the initiation of a project; (d) Reducing or 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. (3) Mitigation - Minimum requirements and types of mitigation. (a) Minimum mitigation requirements are as follows: (i) Unavoidable impacts to a FWHCA area or 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 FWHCA shall require mitigation that fully compensates for all adverse effects to FWHCA functions, natural processes, and area. (b) FWHCAs mitigation shall include the following options: (i) On-site Mitigation. The applicant may propose on-site mitigation if the mitigation proposal compensates for the loss or degradation to existing habitat. (ii) Off-site Mitigation. The applicant may propose off-site 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, (B) Off-site mitigation occurs within a connected habitat of a similar nature to the maximum extent practicable and provides better protection of the FWHCA or a significant ecological and functional improvement to the FWHCA; and, (C) There is a willing landowner that accepts the proposed mitigation; and, (D) A mitigation agreement/easement is recorded that specifies the individuals or parties responsible for implementing, maintaining, and monitoring the mitigation area. (c) In-Lieu Fee Mitigation (ILF). As an alternative to permittee-responsible mitigation, an in-lieu fee program may be used to compensate for impacts 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. 2020 Critical Areas Ordinance Periodic Review and Update Page 64/108 APPENDIX A Use of the in-lieu fee program to address impacts to fish and wildlife habitat conservation areas or buffers shall adhere to the in-lieu mitigation requirements in JCC 18.22.350(5). Article VII. Wetlands 18.22.700 Purpose The purposes of this article are to: (1) Recognize and protect the beneficial functions, values, and services performed by wetlands, which include, but are not limited to, providing food, breeding, nesting or rearing habitat for fish and wildlife; recharging and discharging groundwater; contributing to stream flow during low flow periods; stabilizing stream banks and shorelines; storing storm and flood waters to reduce flooding and erosion; and, improving water quality through biofiltration, adsorption, retention and transformation of sediments, nutrients, and toxicants. (2). Regulate land use to avoid adverse effects on wetlands and maintain the functions, services, and values of freshwater and estuarine wetlands throughout Jefferson County. (3) Establish review procedures for development proposals in and adjacent to wetlands. (4) Establish minimum standards for identifying and delineating wetlands 18.22.710 Classification/designation. Wetlands are those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas.Wetlands may include those artificial wetlands intentionally created from nonwetland areas to mitigate conversion of wetlands. 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 the construction of a road, street, or highway. (1) Wetland Delineation. Wetlands shall be delineated in accordance with the requirements of RCW 36.70A.175. Unless otherwise provided for in this chapter, all areas within the county determined to be wetlands in accordance with the U.S. Army Corps of Engineers Wetlands Delineation Manual, 1987 Edition, and the Western Mountains, Valleys, and Coast Region Supplement (Version 2.0), 2010 or as revised, are hereby designated critical areas and are subject to the provisions of this article. (2) Wetland Rating. Wetlands shall be rated based on categories that reflect the functions and values of each wetland. Wetland categories shall be based on the criteria provided in the Washington State Wetland Rating System for Western Washington, revised 2014, and as amended thereafter, as determined using the appropriate rating forms and associated figures contained in that publication. These categories are generally defined as follows: 2020 Critical Areas Ordinance Periodic Review and Update Page 65/108 APPENDIX A (a) Category I. These wetlands are: (1) relatively undisturbed estuarine wetlands larger than one acre; (2) wetlands of high conservation value that are identified by scientists of the Washington Natural Heritage Program/Washington Department of Natural Resources; (3) bogs; (4) mature and old-growth forested wetlands larger than one acre; (5) wetlands in coastal lagoons; (6) wetlands that perform many functions well (scoring a total of 23 or more points). These wetlands: (1) represent unique or rare wetland types; (2) are more 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) Category II. 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) Category III. 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 II wetlands. (d) Category IV. These wetlands have the lowest levels of functions (scoring 15 or fewer total points) and are often heavily disturbed. These wetlands likely could be replaced or improved 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) Category IV wetlands that are non-federally regulated and not associated with a riparian area and less than one-tenth acre (4,356 square feet) shall be exempt from the requirements of this article when all of the following criteria are met: (a) The wetland does not provide significant 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) or a FWHCA buffer as defined in Article VI of this chapter, and is not integral to the maintenance of habitat functions of an FWHCA; (d) The wetland is not located within a floodplain; (e) The wetland is not within the jurisdiction of the county 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; and, (g) The wetland does not 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 Ecology). 2020 Critical Areas Ordinance Periodic Review and Update Page 66/108 APPENDIX A In addition, mitigation in the form of enhancement or expansion of another part of the buffer should be considered in order to offset any expansion of a nonconforming use or structure. 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 any wetland, including wetlands less than one-tenth of an acre, shall require mitigation. (4) General. Application for a project on a parcel of real property containing a designated wetland shall adhere to the requirements in this section. (a) Types of Wetland Evaluations. An applicant submitting an application for a development, use, or activity on lands determined to be wetland shall also submit, and have approved, a wetland evaluation prepared based on results of an on-site field investigation conducted by a qualified wetland professional using wetland delineation manuals specified in JCC 18.22.710. The wetland evaluation shall be completed based on the following: (i) Wetland Reconnaissance. This type of wetland assessment does not require flagging of wetland boundaries or completing 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 requires the wetland specialist to assess all areas within 300 feet of any proposed project component. (ii) Wetland Delineation. This type of wetland assessment shall be used if any portion of the proposed project is within 300 feet of a regulated wetland, including those areas that may be temporarily affected by construction-related activities or are within the proposed limits of clearing. The on-site wetland boundary shall be flagged in the field and flags shall be numbered sequentially, and a wetland rating form shall be completed, as required by JCC 18.22.710(1), for each wetland identified. A wetland delineation report shall be prepared by the wetland specialist based on report requirements presented in Article VIII (special reports) of this chapter. (b) 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. 18.22.720 Regulated activities. (1) Activities Subject to Regulation. 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, unless exempted under JCC 18.22.070: (a) The removal, excavation, grading, or dredging of material of any kind, including the construction of ponds and trails; (b) The dumping or discharging of any material, or placement of any fill; (c) The draining, flooding, or disturbing of the wetland water level or water table; 2020 Critical Areas Ordinance Periodic Review and Update Page 67/108 APPENDIX A (d) The driving of pilings; (e)The placing of anything that obstructs water movement, including but not limited to, surface water flow, surface water runoff, or groundwater infiltration; (f) The construction, reconstruction, or expansion of any structure; (g) 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 existing wetland conditions; or, (h) The alteration or modification of water quality or water quantity. (2) Requirements for Waiver for Single-Family Residence. The requirement for a wetland evaluation may be waived by the administrator for construction of a single-family residence on an existing lot of record if department staff or a qualified wetland evaluator determines that: (a) Sufficient information exists for staff to estimate the boundaries of a wetland without a delineation; and, (b) The single-family residence and all accessory structures and uses are not proposed to be located within the distances identified in Table 18.22.730(1)(a) from the estimated wetland boundary. 18.22.730 Protection standards. The following activities may be permitted in wetlands or wetland buffers as specified when all reasonable measures have been taken to avoid adverse effects on wetland functions and values as documented through a wetland report prepared by a qualified wetland specialist. . Compensatory mitigation is required for all adverse impacts to wetlands that cannot be avoided. To the maximum extent practicable, impacts to buffers shall be minimized and any disturbed buffer areas shall be immediately restored except as specifically allowed. (1) Utility lines in Category II, Ill, and IV wetlands and their buffers or Category I wetland buffers when no feasible conveyance alternative is available shall be designed and constructed to minimize physical, hydrologic, and ecological impacts to the wetland, and meet all of the following: (a) The utility line is located as far from the wetland edge or buffer as possible and in a manner that minimizes disturbance of soils and vegetation. (b) Clearing, grading, and excavation activities are limited to the minimum necessary to install the utility line and the area is restored following utility installation. (c.) Buried utility lines shall be constructed in a manner that prevents adverse impacts to surface and subsurface drainage. This may include regrading to the approximate original contour or the use of trench plugs or other devices as needed to maintain hydrology. (d) Best management practices are used in maintaining said utility corridors such that maintenance activities do not expand the corridor further into the critical area. 2020 Critical Areas Ordinance Periodic Review and Update Page 68/108 APPENDIX A (2) Public roads or bridges in Category II, Ill, and IV wetlands and their buffers or Category I wetland buffers when no feasible alternative alignment is available and the road or bridge is designed and constructed to minimize physical, hydrologic, and ecological impacts to the wetland, including placement on elevated structures as an alternative to fill, where feasible. (3) Access to private development sites may be permitted to cross Category II, Ill, or IV wetlands or their buffers; provided there are no feasible alternative alignments and measures are taken to maintain preconstruction hydrologic connectivity across the access road. Alternative access shall be pursued to the maximum extent feasible, including through the provisions of Chapter 8.24 RCW. Exceptions or deviations from technical standards for width or other dimensions, and specific construction standards to minimize impacts may be specified, including placement on elevated structures as an alternative to fill, if feasible. (4) Low-impact, passive recreational activities may be constructed, such as pervious trails, nonpermanent wildlife watching blinds, and scientific or educational activities, and sports fishing or hunting; provided, construction is limited to the outer 25 percent of the buffer. Trails within buffers shall be designed to minimize impacts to the wetland and shall not include any impervious surfaces and avoid removal of significant trees. (5) Stormwater management within the buffers of only Category III and IV wetlands with habitat scores of 3-4 points, are allowed provided the management techniques follow published guidelines for stormwater management in wetlands by the Washington Department of Ecology and are 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. (6)Wetland buffer widths. (a) The standard buffer shall be based on a combination wetland category, habitat function score (from the wetland rating form), and land use intensity. The intensity of the land use shall be determined in accordance with the definitions as listed below unless the technical administrator determines that a lesser level of impact is appropriate based on information provided by the applicant demonstrating that the proposed land use will have a lesser impact on the wetland than that contemplated under the buffer standard otherwise appropriate for the land use, The administrator shall have the authority to require buffers from the edges of all wetlands, in addition to the building setback in accordance with the following: (b)Wetland buffers shall be established to protect the integrity, functions, and values of the wetland. Wetland buffers shall be measured horizontally from a perpendicular line established by the wetland boundary based on the base buffer width identified in Table 18.22.730(1)(a). Buffers shall not include areas that are functionally and effectively disconnected from the wetland by an existing, legally established road or another substantial developed surface. (c) The buffer standards required by this article presume the existence of a dense, multi-storied native vegetation community in the buffer adequate to protect the wetland functions and values. When a buffer lacks adequate vegetation, the technical administrator may increase the standard 2020 Critical Areas Ordinance Periodic Review and Update Page 69/108 APPENDIX A buffer, require buffer planting or enhancement, or deny a proposal for buffer reduction or buffer averaging. (e) Standard buffer widths are shown in Table 18.22.730(1). However, for Category I or II wetlands with "special characteristics" as determined and defined through the Washington Department of Ecology(2014)Wetland Rating System as it exists now or may be amended in the future (including estuarine, coastal lagoons, wetlands of high conservation value, bogs, forested, and interdunal wetlands), only buffers in the highest habitat score (8 to 9) group are applied. (i)The prescribed buffer widths are based the wetland category(I, II, Ill, IV) as determined by the scoring results on the rating form for the wetland rating system; and, the expected level of impact of the proposed adjacent land use. "High intensity land use" means land use that includes the following uses or activities: commercial, urban, industrial, institutional, retail sales, residential (more than one unit/acre), high-intensity new agriculture (dairies, nurseries, greenhouses, raising and harvesting crops requiring annual tilling, raising and maintaining animals), high-intensity recreation (golf courses, ball fields), hobby farms, and Class IV special forest practices, including the building of logging roads. A High Intensity Land Use may become a Moderate Intensity Land Use where Required Measures to Minimize Impacts in Table 18.22.730(1)(b) are made part of the proposal and where a buffer condition is well vegetated per 18.22.730(8) criteria. "Low intensity land use" means land use that includes the following uses or activities: forestry (cutting of trees only), low intensity open space (such as passive recreation and natural resources preservation), utility corridor without a maintenance road and little or no vegetation management and unpaved trails. Low intensity uses incorporate features in Table 18.22.730(1)(b) by the nature of their use. "Moderate intensity land use" means land use that includes the following uses or activities: residential (one unit/gross acre or less), moderate-intensity open space (parks), moderate-intensity new agriculture (such as orchards and hay fields), utility corridor or right-of-way shared by several utilities and including access/maintenance roads and paved trails. 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. 2020 Critical Areas Ordinance Periodic Review and Update Page 70/108 APPENDIX A Table 18.22.730(1)(a). Standard Wetland Buffer Widths Land Use Intensity* Wetland Habitat Function High Impact Moderate Low Impact Buffer Category Score Buffer Width Impact Buffer Width (feet) (feet) Width (feet) Category I 8—9 300 225 150 6— 7 150 110 75 <3- 5 100 75 50 Category II 8 —9 300 225 150 6— 7 150 110 75 <3- 5 100 75 50 Category III 8 —9 300 225 150 6—7 150 110 75 <3- 5 80 60 50 Category IV All 50 40 25 Table 18.22.730(1)(b). Required measures to minimize impacts to wetlands (All measures are required if applicable to a specific proposal) Disturbance Required Measures to Minimize Impacts Lights • Direct lights away from wetland Noise • Locate activity that generates noise away from wetland • If warranted, enhance existing buffer with native vegetation plantings adjacent to noise source • For activities that generate relatively continuous, potentially disruptive noise, such as certain heavy industry or mining, establish an additional 10' heavily vegetated buffer strip immediately adjacent to the outer wetland buffer Toxic runoff • Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered • Establish covenants limiting use of pesticides within 150 ft of wetland •Apply integrated pest management Stormwater runoff • Retrofit stormwater detention and treatment for roads and existing adjacent development • Prevent channelized flow from lawns that directly enters the buffer • Use Low Intensity Development techniques (for more information refer to the drainage ordinance and manual) 2020 Critical Areas Ordinance Periodic Review and Update Page 71/108 APPENDIX A Disturbance Required Measures to Minimize Impacts Change in water • Infiltrate or treat, detain, and disperse into buffer new runoff from regime impervious surfaces and new lawns Pets and human • Use privacy fencing or plant dense vegetation to delineate buffer disturbance edge and to discourage disturbance using vegetation appropriate for the ecoregion • Place wetland and its buffer in a separate tract or protect with a conservation easement Dust • Use best management practices to control dust (6) Buffer Marking. Upon approval of the wetland evaluation, the location of the outer extent of the wetland buffer shall be identified as follows: (a)The outer extent of the wetland buffer shall be flagged onsite.(b) In the case of short plat, long plat, and binding site plan, the applicant shall include on the face of any such plan the boundary of the wetland and its buffer. (c) For all other approvals, the administrator shall have the authority to require a notice to title be recorded on the property by the property owner prior to any permits may be issued. (d) The administrator shall require signs be posted at the buffer edge if the proposed activity is commercial or industrial, or if the activity is proposed on public lands. (7) 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 will be subject to wetland evaluation to determine protective functions such as 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 30 percent, or lacks adequately dense and diverse vegetation, the administrator may deny a proposal for buffer reduction or buffer averaging. (8) Reducing Buffer Widths. Buffer widths may be reduced as depicted in Table 18.22.730(1)(c) when implementing listed impact-reducing measures on the adjacent land use per Table 18.22.730(1)(b) and requiring a protected vegetated corridor between the wetland and a Priority Habitat or relatively undisturbed area, if present. Other buffer reductions may be allowed upon submission of a wetland evaluation by a wetland specialist that demonstrates a buffer reduction does not adversely affect the existing functions and values of the wetland. The administrator shall 2020 Critical Areas Ordinance Periodic Review and Update Page 72/108 APPENDIX A have the authority to reduce the prescribed buffer widths listed in the Table 18.22.735(1)(a); provided, 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 standard buffer; (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. Table 18.22.730(1)(c) Reduced Wetland Buffer Widths with integration of Table 18.22.730(1)(b) Measures Reduced Wetland Buffer Widths with Implementation of Table 18.22.730(1)(b) Measures Wetland Habitat High Impact Category Function Buffer Width 8-9 225 6-7 110 <3-5 75 I I 8-9 225 6-7 110 <3-5 75 III 8-9 225 6-7 110 3-5 60 IV all 40 (9) Averaging Buffer Widths. Upon submission of a wetland evaluation by a wetland specialist that demonstrates a buffer reduction does not adversely affect the existing functions and values of the wetland, the administrator shall have the authority to average wetland buffer widths on a case-by-case basis; provided, 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 greater protection of the wetland; (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 boundary; 2020 Critical Areas Ordinance Periodic Review and Update Page 73/108 APPENDIX A (c) The most sensitive, or highest value, areas of the wetland have the widest buffer dimensions, and the buffer boundary considers variations in slope, soils, or vegetation to optimize the overall effectiveness of the buffer; (d) The minimum buffer width is no less than 75 percent of the standard prescribed buffer width; (e) The buffer width was not already the subject of a buffer reduction; and, (f) If area of buffer reduction is composed of native trees that are 8 inches in diameter at breast height, the buffer reduction shall not be approved unless the area of buffer increase consists of native trees of a similar size, age, density, and species composition as that in the area to be reduced. (10) Buffer reductions in excess of those allowed under buffer reductions or buffer averaging will be subject to a variance or reasonable economic use exception, as applicable under JCC 18.22.250 and 18.22.260 or may pursue a financially bonded critical areas stewardship plan (CASP), as applicable under JCC 18.22.965; provided, the proposal can meet all CASP financial and other provisions. (11) 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 wetland. Supporting documents that may 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 endangered species; (b) The wetland serves as nesting or foraging habitat for raptors or great blue herons; (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 or the slopes are greater than 30 percent. 18.22.740 Mitigation. The overall goal of mitigation shall be no net loss of wetland function, value, and area. (1) Mitigation Sequence. Mitigation includes avoiding, minimizing, or compensating for adverse impacts to regulated wetlands. When a proposed use or development activity poses potentially significant adverse impacts to a regulated wetland, 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)Avoiding the impact altogether by not taking a certain action or parts of an action; (b) Minimizing adverse impacts by limiting the degree or magnitude of the action and its implementation; 2020 Critical Areas Ordinance Periodic Review and Update Page 74/108 APPENDIX A (c) Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environment to the historical condition or the condition existing at the time of the initiation of a project; (d) Reducing or 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. (2) 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 provide wetland mitigation that is equivalent to or larger than those altered in order to compensate for wetland losses. Table 18.22.740(1) specifies the mitigation ratios by category and type of mitigation that must be used for compensatory wetland mitigation: Table 18.22.740(1) Required Replacement Ratios for Compensatory Wetland Mitigation Category Re- Rehabilitation Re- Re- Enhancement and Type of establishment Only' establishment establishment Only' Wetland or 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 R/C and 6:1 IV 1:1 RH 2:1 E All Category 2:1 4:1 1:1 R/C and 1:1 R/C and 8:1 III 2:1 RH 4:1 E Category II Case-by-case 4:1 Case-by-case Case-by-case Case-by-case Estuarine Rehabilitation of an estuarine wetland All Other 3:1 6:1 1:1 R/C and 1:1 R/C and 12:1 Category II 4:1 RH 8:1 E Category I 6:1 12:1 1:1 R/C and 1:1 R/C and 24:1 Forested 10:1 RH 20:1 E 2020 Critical Areas Ordinance Periodic Review and Update Page 75/108 APPENDIX A Category Re- Rehabilitation Re- Re- Enhancement and Type of establishment Only' establishment establishment Only' Wetland or Creation or Creation or Creation Impacts (R/C) and (R/C) and Rehabilitation Enhancement (RH)1 (E)' Category I 4:1 8:1 1:1 R/C and 1:1 R/C and 16:1 Based on 6:1 RH 12:1 E Score for Functions Category I Not considered 6:1 R/C not R/C not Case-by-case Wetlands possible2 Rehabilitation considered considered with High of a wetland possible3 possible3 Conservation with high Value conservation value Category I Not considered 6:1 R/C not R/C not Case-by-case Coastal possible2 Rehabilitation considered considered Lagoon of a coastal possible3 possible3 lagoon Category I Not considered 6:1 R/C not R/C not Case-by-case Bog possible2 Rehabilitation considered considered of a bog possible3 possible3 Category I Case-by-case 6:1 Case-by-case Case-by-case Case-by-case Estuarine Rehabilitation of an estuarine wetland 1 These ratios assume 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. 2 Wetlands with high conservation value, 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 mitigation types. 2020 Critical Areas Ordinance Periodic Review and Update Page 76/108 APPENDIX A Category Re- Rehabilitation Re- Re- Enhancement and Type of establishment Only' establishment establishment Only1 Wetland or Creation or Creation or Creation Impacts (R/C) and (R/C) and Rehabilitation Enhancement (RH)1 (E)1 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 Mitigation in Washington State, Part 1:Agency Policies and Guidance, or as amended. (b) Compensatory mitigation may also be determined using methods described in Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington: Final Report (Washington Department of Ecology Publication #10-06-011, or as amended); provided, the mitigation is consistent with Table 18.22.740(1). (c) Compensatory mitigation must follow an approved compensatory mitigation plan pursuant to this article, with the replacement ratios as specified above. (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 authority to require the applicant record a notice to title to ensure protection. (e) Compensatory wetland mitigation shall be designed to mimic natural wetland hydrologic conditions, and shall not be used as a stormwater system to comply with Chapter 18.30 JCC. (f)The applicant may be required to post a mitigation performance bond to ensure monitoring the site occurs and contingency plans are implemented if the project fails to meet projected goals. Corrective actions must be coordinated and approved by department of community development. (3) Compensatory Wetland 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 wetlands evaluation prepared by a wetlands specialist documents to the satisfaction of the administrator that a higher preferred option is not ecologically viable. (i) Restoration (re-establishment or rehabilitation) is the preferred mitigation option; (ii) Creation (also referred to as establishment) may be approved if restoration is not an ecologically viable option; (iii) Enhancement may be approved if restoration or creation are not ecologically viable options or may be required in the same buffer area when a use or structure is permitted and encroaches into the same buffer; 2020 Critical Areas Ordinance Periodic Review and Update Page 77/108 APPENDIX A (iv) Preservation (also referred to as protection or maintenance) is the least preferred mitigation option and shall be permitted only under limited circumstances when, based on a report prepared by a wetlands specialist, the administrator determines that no other option is ecologically viable. (b) On-site compensation within the same sub-drainage basin is preferred. The administrator may approve off-site compensation only if: (i) A wetlands specialist documents that on-site mitigation is not feasible and that off-site mitigation is ecologically preferable; (ii) No reasonable opportunities exist on-site and within the same sub-drainage basin; (iii) On-site mitigation would result in the loss of high-quality upland habitats; (iv) Off-site mitigation has a greater likelihood of compensating for project-related impact; (v) On-site compensation is not feasible due to hydrology, soils, waves, or other factors; (vi) On-site compensation is not practical due to probable adverse impacts from surrounding land uses; and, (vii) Potential functions and values at the site of the proposed restoration are significantly greater than the lost wetland functional values. (c) Compensation outside of the sub-drainage basin may be approved by the administrator if an in-lieu fee program is used. (d) 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. (e) Compensation must be completed prior to wetland destruction, where feasible. (6) In-lieu Fee (ILF) Program. An applicant may opt to use an ILF program to compensate for impacts to aquatic resources (critical areas) or buffers based on criteria listed below. Use of an ILF program transfers the responsibility of providing compensatory mitigation from the applicant to an ILF program sponsor. The sponsoring organization is required to provide mitigation that complies with all mitigation requirements of this chapter. (a) The ILF program may be used by an applicant as a way to mitigate for project impacts if the impacts to the critical area or buffer occur within an ILF program service area. If an impact occurs outside of an ILF Program Service Area, an applicant may request that Jefferson County investigate the possibility of using the ILF program as mitigation. The ILF program sponsor is under no obligation to accept mitigation responsibilities for impacts outside an ILF program service area. (b) The applicant shall determine if there is a preference for using the ILF program over permittee-responsible mitigation to compensate for unavoidable impacts. The county may 2020 Critical Areas Ordinance Periodic Review and Update Page 78/108 APPENDIX A encourage an applicant to use the ILF program, but shall not require an applicant to use ILF for mitigation. (c) The administrator may approve an application using an ILF program for mitigation if the ILF program sponsor accepts the mitigation responsibility. The sponsoring organization has the right to deny the request if the sponsoring organization cannot fulfill all ILF program mitigation requirements. If the sponsoring organization does not accept the mitigation responsibility, the applicant shall be responsible for providing mitigation that complies with this chapter. The administrator shall not approve a permit involving ILF mitigation until (1)the applicant has purchased the appropriate number of credits from the sponsoring organization and (2) the sponsoring organization has completed a statement of sale. Once the ILF program sponsor completes the financial transaction with the applicant, the sponsor becomes responsible for completing the mitigation effort to comply with Jefferson County Code critical areas requirements and the applicable approved in-lieu fee program instrument. Article VIII. Agriculture 18.22.800 Purpose and Intent. (1) Jefferson County desires to encourage the conservation of productive agricultural lands and to implement alternative means of protecting critical areas using conservation practices in this Article. As allowed under WAC 365-196-830 (Protection of Critical Areas), both regulatory and voluntary measures may be developed and used to prevent degradation of critical areas. (2) The well-being of agricultural activities in Jefferson County depends in part on good quality soil, water, air, and other natural resources. Agricultural operations that incorporate protection of the environment, including critical areas and their buffers as defined by Title 18 JCC, are essential to achieving this goal. (3)Jefferson County offers agricultural producers two paths to achieve no net loss of critical areas functions and values while supporting the viability of agriculture. These two paths are: (a) A "prescriptive" approach is one in which standard buffer widths from streams, wetlands, and ponds are established, which may offer a simpler yet stricter set of standards; or, (b) A "performance" based approach where the producer works independently or with farm assistance agencies to identify the resource concerns that are unique to the farm operation and to implement practices best suited to address those concerns. (4) Jefferson County shall ensure monitoring and adaptive management processes are in place to evaluate whether the application of performance-based approaches address resource concerns identified in this article to the extent related to agricultural activities. 18.22.810 Resource Concerns. Agricultural activities have the potential to create adverse impacts to critical areas. It is the county's policy to minimize such impacts. (1) Nutrient Pollution of Water. Agricultural activities without proper conservation practices may contribute wastes or sediments into a natural or modified natural stream or wetlands. 2020 Critical Areas Ordinance Periodic Review and Update Page 79/108 APPENDIX A (2) Nutrient and Farm Chemical Management. Without proper conservation practices, manure could be carried into a stream, wetlands, or other waters of the state by any means. Farm chemicals must be applied consistent with chemical container labels and all applicable federal and state laws and regulations to avoid harm to streams, wetlands, and other fish and wildlife habitat conservation areas. (3) Soil Erosion and Sediment Control Management. Construction of roads used for agricultural purposes, agricultural equipment operation, and ditch construction and maintenance should be undertaken in such a manner as to avoid sediment contribution to streams. (4) Operation and Maintenance of Agricultural Drainage Infrastructure. Maintenance and operation of ditches should be designed to prevent maintenance problems, avoid blocking water flow, ensure control of erosion, avoid sedimentation, protect water quality, and ensure stream bank vegetation is protected or replanted. (5) Riparian Management. Dense riparian vegetation along the water's edge will slow and protect against flood flows; provide infiltration and filtering of pollutants; secure food and cover for fish, birds, and wildlife; and, keep water cooler in summer. Existing riparian vegetation should be managed to continue to provide soil and streambank stability, shade, filtration, and habitat for fish and wildlife, and control noxious weeds. 18.22.820 Applicability and Classification. (1) Applicability: Proponents of the following activities within fish and wildlife conservation areas or wetlands or their buffers shall comply with either the prescriptive standards of Chapter 18.22 JCC or the performance- based approach in this Article VIII: (a) New or expanded areas of agricultural activities. (b) Producers conducting one or more of the following activities within the footprint of the agricultural activity as of the effective date of this code (March 10, 2020): (i) adding or expanding temporary or permanent structures; (ii) adding or expanding compacted areas such as for parking, roads, or access; (iii) adding or expanding impervious areas; (iv) adding or replacing wells or septic systems; (v) constructing or altering ditches or drainage systems; (vi) constructing or altering farm and stock ponds; (vii) expanding or altering manure or compost management structures or practices; (viii) altering the application of fertilizers or agricultural chemical management activities in proximity to wetlands or water bodies; (ix) adding or altering irrigation practices; or, (x) other similar activities as determined by the administrator. 2020 Critical Areas Ordinance Periodic Review and Update Page 80/108 APPENDIX A (2) This Article does not apply to: (a) Exempt Activities per JCC 18.22.210. Agricultural activities occurring within the footprint of use as of the effective date of this code (March 10, 2020) are exempt from compliance with Chapter 18.22 JCC unless listed in JCC 18.22.720. (b) Agricultural activities that do not lie within fish and wildlife conservation areas or wetlands. (3) Agricultural Checklist and Classification: The department shall develop, adopt and maintain an agricultural checklist in consultation with farm assistance agencies for completion by producers. The agricultural checklist shall identify agricultural activities and the conservation practice(s) necessary to achieve the performance standards in JCC 18.22.830 and avoid potential negative impacts described under resource concerns in JCC 18.22.810. Based on the achievement of performance standards as documented in the agricultural checklist, proposals shall be typed as follows: (a) Type 1 Conservation Practices Compliant. Type 1 applies to producers that have a farm plan developed by State or Federal farm assistance agencies, or has completed the agricultural checklist, demonstrating that the proposal addresses performance standards in JCC 18.22.830 due to the nature of the proposals and conservation practices in place that avoid potential negative impacts described under resource concerns in JCC 18.22.810. (b) Type 2 Conservation Practices Scheduled. Type 2 applies to proposals do not meet one or more performance standards in JCC 18.22.830 and identifies conservation practices that will adequately address resource concerns created by the agricultural activities. The conservation practices shall be implemented based on a schedule developed in consultation with farm assistance agencies or a report by a natural resource conservation professional. Such scheduled conservation practices shall avoid resource concerns identified in JCC 18.22.810 and meet performance standards in JCC 18.22.830. (c) Type 3 Critical Area Undocumented. Type 3 proposals do not meet Type 1 or 2 criteria and cannot document that appropriate conservation practices have been implemented or scheduled that will adequately address resource concerns created by the agricultural practices. The producer shall complete an agricultural checklist and provide a report prepared by a State or Federal farm assistance agency or a natural resource conservation professional to demonstrate how the proposal meets the performance standards in JCC 18.22.830 and avoids potential negative impacts described under resource concerns in JCC 18.22.810. If performance standards cannot be met with adequate conservation practices scheduled, the proponent shall be subject to the prescriptive standards of this chapter and may apply for variances or reasonable economic use exceptions as applicable under 18.22.250 and 18.22.260, where appropriate or may pursue a financially bonded critical area stewardship plan (CASP) as applicable under JCC 18.22.965 provided, the proposal can meet all CASP financial and other provisions. 2020 Critical Areas Ordinance Periodic Review and Update Page 81/108 APPENDIX A 18.22.830 Protection Standards. (1) Performance Standards. Producers shall submit an agricultural checklist and supporting documentation to the satisfaction of the administrator to demonstrate the following performance standards are met due to the nature of the proposal as well as installed or scheduled conservation practices: (a) Structures and impervious surfaces are sited to prevent manure, pathogens, sediment, and other contaminants from entering fish and wildlife habitat conservation areas and wetlands. (b) Roof runoff is managed so that it does not result in ponding or channeling in confinement areas, or contribute to the discharge of manure, pathogens, sediment, pesticides, and other contaminants to fish and wildlife habitat conservation areas and wetlands. (c) Areas of farm production are managed to prevent stormwater from carrying manure, pathogens, sediment, pesticides, and other contaminants from entering all fish and wildlife habitat conservation areas and wetlands. (d) Catch basins, drains, tiles, pipes and other conveyances of surface and ground water that outlet to streams and ditches installed and maintained in a manner that prevents the entry of manure, pathogens, sediment, pesticides, and other contaminants. (e) Livestock are excluded from fish and wildlife habitat conservation areas and wetlands by means of fencing, gates or other controls that are consistent with the practices recommended by farm assistance agencies. (f) Buffers are established that either: (i) are consistent with either the prescriptive standards in Chapter 18.22 JCC applicable to fish and wildlife habitat conservation areas or wetlands or (2) consistent with farm assistance agency-designed conservation practices that provide for buffers around fish and wildlife habitat conservation areas or wetlands within areas where livestock are kept. (g) Manure is handled and stored in a way that prevents nutrients, pathogens, sediment, and other contaminants from entering fish and wildlife habitat conservation areas and wetlands. (h) Manure is applied in a manner and its application timed to prevent pollution of fish and wildlife habitat conservation areas and wetlands. (i) Compost production is handled and stored in a way that prevents stormwater from carrying nutrients, pathogens, sediment and other contaminants into fish and wildlife habitat conservation areas and wetlands. (j) Application of fertilizers or agricultural chemicals for weed and pest control are conducted in a manner that prevents them from entering any fish and wildlife habitat conservation areas and wetlands on the farm either by aerial drift or by stormwater run-off. (k) The proposal avoids adverse alteration of wetland hydrology. 2020 Critical Areas Ordinance Periodic Review and Update Page 82/108 APPENDIX A (I) The proposal protects riparian vegetation or tree cover after drainage maintenance or construction. (m) The proposal maintains surface and groundwater flow, discharge, and recharge, through such means including but not limited to maintaining soil permeability, avoiding net increases in impervious areas, avoiding compaction, or avoiding changing discharge to streams. (n) Existing native woody vegetation is retained along streams, lakes, ponds, and wetlands consistent with the practices recommended by farm assistance agencies. (o)The site has not been cleared under a forest practices permit or altered tree cover by more than 10,000 square feet. (p) If in a flood hazard area, all fill or excavation or additional permanent impervious areas as proposed are in conformity with County flood hazard regulations and the practices recommended by farm assistance agencies. (q) The proposed agricultural activity is consistent with locational allowances in Subsection (2). (2) Locational Standards. Table 18.22.830(1) identifies agricultural activities that are allowed in or near wetlands and streams and their prescriptive buffers. (a) Cultivation and production and agricultural structures, buildings, impervious areas shall meet the locational allowances and associated performance standards. Table 18.22.830(1). Agricultural Activities Allowances in Wetland and Wetland/Stream Buffers Activity Allowed in Wetlands Allowed in Prescriptive Wetland and Stream Buffers Cultivation and Yes, existing agricultural activities Yes, existing agricultural activities production lawfully established as of the lawfully established as of the effective date of this chapter effective date of this chapter (March 10, 2020) (March 10, 2020) Yes, new or expanded agricultural Yes, new or expanded agricultural activities 1'2 activities 1'2 Agricultural Limited to activities addressed by Yes, existing agricultural activities structures, farm assistance agency practices lawfully established as of the buildings, on farmed wetlands, including but effective date of this chapter impervious areas not limited to high tunnel systems, (March 10, 2020) where consistent with federal and state law'2 3 Yes, new or expanded agricultural activities1,2 2020 Critical Areas Ordinance Periodic Review and Update Page 83/108 APPENDIX A Notes: ' Subject to performance standards in JCC 18.22.830(1) and determined to be a Type I or Type 2 proposal per JCC 18.22.820. 2 Conditions or performance standards applied by the administrator may include but are not limited to wetland/riparian or buffer enhancement in limited circumstances and as determined in consultation with a farm assistance agency or qualified professional, provided proposed actions for compensation are conducted in advance of the impact and are shown to be successful and provided enhancement is part of ongoing monitoring. 3 Producers shall demonstrate they have received a NRCS Certified Wetlands Determination or equivalent determination by another farm assistance agency, state oversight agency official, qualified professional, or Jefferson County. (3) Structures. Structures shall be determined to achieve no-net-loss of critical area functions and values when following NRCS Field Office Technical Guides (FOTGs). Documentation supports the administrator making a written decision finding that the landowner's compliance with other state or federal regulations or permits provides sufficient protection on the site to satisfy related critical areas requirements of this chapter. (a) The administrator may condition the proposed agricultural activities to avoid resource concerns in JCC 18.22.810 through the application of conservation practices recommended by farm assistance agencies or a qualified professional. (b) If the agricultural activity is a Type 3 Critical Area Undocumented or does not demonstrably meet the performance standards in JCC 18.22.730(1), or does not meet locational requirements of Table 18.22.830(1), the administrator shall deny proposal. The proponent may seek use of the prescriptive path offered in Chapter 18.22 JCC. (3) Conservation Practices. Agricultural landowners and operators are encouraged to design conservation practices through use of the following resources: (a) Section 4 of the USDA Natural Resources Conservation Service (NRCS) "Field Office Technical Guide" (FOTG) contains a nonexclusive list of conservation practices to guide implementation of the expectations of this article. (b) The Jefferson County conservation district is available to assist with completion of an agricultural checklist and in the development of conservation plans approved through the NRCS. A producer may also work with other farm assistance agencies. (4) Scheduled Conservation Practices. For a Type 2 Conservation Practices Scheduled proposal, the proponent shall identify the standards by which the practice will be designed and the scheduled date of implementation. The proponent shall provide documentation the scheduled conservation practice has been established in accordance with the design specifications following implementation. 2020 Critical Areas Ordinance Periodic Review and Update Page 84/108 APPENDIX A 18.22.840 Monitoring and Adaptive Management Monitoring provides information used by Jefferson County to assist in determining the effectiveness of the County's critical area regulations and conservation practices applicable to agricultural activities. Jefferson County shall develop a cooperative monitoring program with producers, conservation district and farm assistance agency staff based on the conservation practices and performance standards of approved critical areas permits in agricultural areas. The monitoring program shall identify existing functions and values per subsection (1), the thresholds of no harm or degradation in subsection (2), and the benchmarks and outcomes in subsection (3). The monitoring and adaptive management report shall be prepared periodically in accordance with subsection (4). (1) "Existing functions and values" relate to the following categories as compared to conditions as of effective date of this chapter (March 10, 2020): (a)Water quality, as documented in a given watershed by the Jefferson County conservation district or other management agency. (b) The existence or absence of large woody debris within a stream, as documented in the analyses completed by the Washington Department of Fish and Wildlife for the Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies. (c) The existing riparian buffer characteristics and width, including, but not limited to, the existing amount of shade provided by the existing riparian buffer, as documented in analyses completed for the Water Resource Inventory Areas (WRIAs) 16, 17, 20, and 21, or other relevant studies. (d) The existing channel morphology as documented with Washington Department of Natural Resources Aerial Photography. (e) Location and functions of wetlands if present and determined by a wetland rating or as depicted by National Wetlands Inventory, Jefferson County GIS critical areas mapper or other mapped documentation and described by a wetland rating (when available). (2) "No harm or degradation" means the following: (a) Maintaining or improving documented water quality levels, if available. (b) Meeting, or working towards meeting, the requirements of any total maximum daily load (TMDL) requirements established by the Washington Department of Ecology pursuant to Chapter 90.48 RCW. (c) Meeting all applicable requirements of Chapter 77.55 RCW and Chapter 220-660 WAC (Hydraulics Code). (d) No evidence of degradation to the existing fish and wildlife habitat characteristics of the stream or wetland that can be reasonably attributed to adjacent agricultural activities. (e) The references above to Chapter 77.55, Chapter 90.48 RCW, Chapter 173-201A, and Chapter 220-660 WAC shall not be interpreted to replace Washington Department of Ecology 2020 Critical Areas Ordinance Periodic Review and Update Page 85/108 APPENDIX A and Washington Department of Fish and Wildlife authority to implement and enforce these state programs. (3) Monitoring Program Benchmarks and Outcomes: (a) Water quality monitoring results shall be based on sampling data collected and analyzed by Jefferson County department of public health or a designated partnering agency. To comply with the no harm requirement for water quality, all parameters evaluated must remain comparable(or improve) relative to established state standards. If any water quality parameter shows a decline, the departments of community development and public health may require on-site sampling of upstream and downstream water quality conditions to determine if permitted activities that have been implemented have since affected water quality. (b) Habitat ecology should remain comparable to the watershed conditions as documented by agencies with expertise with no net loss of critical area functions and values compared to a baseline as of the effective date of this ordinance (March 10, 2020). Additionally, indicators of habitat conditions, such as (1) the percent cover of woody vegetation shall not result in a net decrease; (2) the amount of habitat features such as snags, downed woody debris, and open water habitats shall not result in a net decrease. (c) In-stream fish habitat, wetland and riparian vegetation conditions should remain stable or improve (based on assessments, reports, and online information published the Washington Department of Fish and Wildlife or another state or federal agency with comparable expertise). Critical area restoration and habitat improvement projects when required as part of approved conservation practices or performance standards shall meet specific benchmarks to ensure success.The applicant shall propose specific benchmarks for approval by the Director. The benchmarks shall reference indicators of habitat conditions per subsection (b) or other relevant habitat ecology indicators based on site specific conditions, advice from farm assistance agencies, advice from agencies with expertise, or applicable areawide studies by qualified professionals or agencies with expertise that are relevant to the site. At a site- specific level, any activity that negatively affects salmonids shall be considered a negative benchmark. This could include, but is not limited to, installation of in-stream barriers to fish passage, removing woody debris from a stream, altering spawning gravel, altering pool/riffle instream conditions, or introduction of chemicals into the water column. (d)Wetland area and function should remain stable or improve, as documented by monitoring or periodic site inspection of plan implementation or aerial photo analysis of mapped wetlands within areas of new or expanded agricultural intersects. (4) Reporting. The administrator shall periodically review the monitoring and adaptive management report of applicant conservation practices programs' implementation and compliance beginning one year after the effective date of this article and every two years thereafter, through the life of the monitoring and adaptive management report, or more frequently at the administrator's discretion. The review may include periodic site inspections, a certification of compliance by the producer, or other appropriate actions. A subset of properties may be monitored on a rotating basis. 2020 Critical Areas Ordinance Periodic Review and Update Page 86/108 APPENDIX A (a) Self-certification is allowed for approved Type 1 or Type 2 classifications. A sufficient self- certification monitoring report shall include photos and implemented conservation practices or documentation from farm assistance agencies or a qualified professional. Self-certifications shall be submitted within 45 days of request, county staff may make a site visit. Site visits will be coordinated with the landowner/producer. Prior to carrying out a site inspection, the administrator shall provide reasonable notice to the owner or manager of the property as to the purpose or need for the entry, receive confirmation, and afford at least two weeks in selecting a date and time for the visit. At the landowner's/producer's discretion, the Jefferson conservation district staff or other farm assistance agency staff may accompany staff. (b) The County will in cooperation with producers or farm assistance agency staff, publish the results of its periodic reviews and make them available to the public and state agencies. These results will include all baseline monitoring data, summary statistics, an assessment of the accuracy and completeness of the data, and a description of data collection issues if any, identified during the reporting period as well as the following additional information: (i) A description of all compliance assessments and source identification actions taken during the reporting period; (ii) A description of educational outreach actions as well as enforcement actions taken during the reporting period; (iii) A description of any actions taken to modify conservation practices on a site or area specific basis; and, (iv) A discussion of monitoring priorities for the next reporting period. (v) Potential adaptive management measures applicable on an areawide or countywide basis when monitoring indicates: that standards or thresholds are being exceeded; the exceedance is adversely affecting designated critical areas; and, a change in regulations that are applicable areawide or countywide is needed to address the exceedance. Modifications may also be made if monitoring indicates that less stringent standards are appropriate based on best available science. 18.22.850 Compliance. (1) Critical area protection is required for existing and ongoing agriculture as well as new agriculture. All agricultural activities shall be conducted so as not to cause harm or degrade the existing functions of critical areas and associated buffers. (2)Agricultural activities are expected to meet the objectives and standards of this Article through voluntary compliance. Agricultural operations shall cease to be in compliance with this article, and a new or revised agricultural checklist and supporting documentation will be required consistent with JCC 18.22.820, when the administrator determines that any of the following has occurred: (a)When a producer fails to implement and maintain their conservation practices determined to exist or be scheduled in a Type 1 or Type 2 review per JCC 18.22.820 properly and fully. 2020 Critical Areas Ordinance Periodic Review and Update Page 87/108 APPENDIX A (b) When implementation of the conservation practices fails to protect critical areas. If so, a new or revised agricultural checklist and schedule of conservation practices shall be required per JCC 18.22.820 to protect the values and functions of critical areas at the benchmark condition described in JCC 18.22.840 or a baseline established by the producer in consultation with a farm assistance agency or qualified professional. (c)When substantial changes in the agricultural activities of the farm or livestock operation have occurred that render the current agricultural checklist and associated conservation practices ineffective. Substantial changes that render an agricultural checklist and associated conservation practices ineffective are those that: (i) Degrade baseline critical area conditions for riparian and wetland areas that existed when the plan was approved; (ii) Result either in a direct discharge or substantial potential discharge of pollution to surface or ground water; or, (iii) The type of agricultural practices changes from Type 1 to Type 2, Type 2 to Type 3. (d)When a new or revised agricultural checklist and supporting documentation is required, and the producer has been so advised in writing and a reasonable amount of time has passed without significant progress being made to develop said plan. Refusal or inability to provide a new agricultural checklist within a reasonable period of time shall be sufficient grounds to revoke the approved agricultural activity and require compliance with the standard provisions of this chapter. (3) When a producer denies the administrator reasonable access to the property for technical assistance, monitoring, or compliance purposes, then the administrator shall document such refusal of access and notify the producer of his/her findings. The producer shall be given an opportunity to respond in writing to the findings of the administrator, propose a prompt alternative access schedule, and to state any other issues that need to be addressed. Refusal or inability to comply with an approved agricultural checklist and schedule of conservation practices within a reasonable period of time shall be sufficient grounds to revoke said plan and require compliance with the standard provisions of this chapter. (4) If agricultural activities result in degradation of a critical area, the producer shall be required to either cease the agricultural activity that results in critical area degradation or prepare an agricultural checklist and supporting documentation that demonstrates how farming activities will be brought into compliance with critical area protection requirements. The agricultural checklist shall be submitted to department of community development for review and approval. If the administrator determines the proposed activities and conservation practices do not sufficiently address critical areas degradation, a farm assistance agency or qualified professional shall prepare a schedule of conservation practices. The proponent shall allow the County or farm agency with expertise reasonable access to the parcel to determine that the scheduled conservation practices are installed, and critical areas functions are not being degraded. If compliance cannot be achieved, other enforcement action based on Chapter 18.50 shall be required. 2020 Critical Areas Ordinance Periodic Review and Update Page 88/108 APPENDIX A (5) A producer is responsible only for those conditions caused by agricultural activities conducted by the producer and is not responsible for conditions that do not meet the standards of this article resulting from actions of others or from natural conditions not related to the on-site agricultural operations. Conditions resulting from unusual weather events (such as storm in excess of a 25- year, 24-hour storm) or other exceptional circumstances that are not the product of obvious neglect are not the responsibility of the owner or operator. 18.22.860 Limited Public Disclosure. (1) Producers that have a farm plan developed by State or Federal farm assistance agencies will not be subject to public disclosure unless required by law or a court of competent jurisdiction; (2) Provided, that the county will collect summary information related to the general location of a farming enterprise, the nature of the farming activity, and the specific conservation management practices to be implemented such as through an agricultural checklist per JCC 18.22.720. The summary information shall be provided by the producer or his/her designee and shall be used to document the basis for the county's approval of the proposal. (3) The county will provide to the public via its website information regarding which farms have approved Type 1 or Type 2 conservation practices per JCC 18.22.720 and the date of their approval. (4) Upon request, the county may provide a sample agricultural checklist, exclusive of site- or property specific information, to give general guidance on the development of a conservation farm plan. Article IX. Special Reports 18.22.900 Purpose. (1) Purpose. Special reports may be required to provide environmental information and to present proposed strategies for maintaining, protecting, or mitigating impacts to critical areas: (a) Demonstrate that the submitted proposal is consistent with the purposes and specific standards of this chapter; (b) Describe all relevant aspects of the development proposal and critical areas adversely affected by the proposal and assess impacts on the critical area from activities and uses proposed; and, (c) Where impacts are unavoidable, demonstrate through an alternatives analysis that no other feasible alternative exists. (d) Consider the cumulative impacts of the proposed action that includes past, present, and reasonably foreseeable future actions to facilitate the goal of no net loss of critical areas. Such impacts shall include those to wildlife, habitat, and migration corridors; water quality and quantity; and, other geologic or watershed processes that relate to critical area condition, process, or service. 2020 Critical Areas Ordinance Periodic Review and Update Page 89/108 APPENDIX A 18.22.905 General requirements. (1)When Special Reports Are Required. The administrator may require a special report or reports if any portion of a proposed development or use has the potential to negatively impact a critical area or encroach upon a buffer, and that impact or encroachment requires mitigation, consistent with the standards found in this chapter. (2) Standard Requirements. Special reports shall be prepared for review and approval by the administrator. In addition to specific requirements of particular special reports described in this article, each special report shall describe narratively and show graphically if applicable, the following: 9 (a) The proposed activity, location and dimensions; (b) Existing site conditions and property boundaries preferably on a scaled site plan with structures, features and geographic location described and graphically depicted; and, (c) All Critical areas and their buffers on the project site. (d)Assess potential impacts to critical areas function and values per the specific requirements described in this article for each critical area type; (e) Propose mitigation for unavoidable losses and impacts to critical areas; (f) Identify amount of and limits of clearing, grading, and impervious surface on a Stormwater Calculation Worksheet, if applicable; and, (g) Present photographs of the project site. (3) Special reports shall be valid for five years from the date the report was prepared and report validity may be extended by the administrator; provided, critical area conditions, including buffer conditions, have not changed since the special report was written. The administrator shall have the authority to require a revised special report, as needed, to satisfy all the provisions of this chapter. 18.22.910 Waivers. The administrator may waive the requirement for a special report in limited circumstances when an applicant demonstrates all of the following: (1) The proposal involved will not affect the critical area in a manner contrary to the goals, purposes, and objectives of this code; and, (2) The minimum protection standards required by this chapter are satisfied. 18.22.915 Retaining consultants. Jefferson County may retain consultants to assist in the review of special reports outside the range of staff expertise. The applicant shall pay for the costs of retaining said consultants. 2020 Critical Areas Ordinance Periodic Review and Update Page 90/108 APPENDIX A 18.22.920 Acceptance of special reports. (1) The administrator shall verify the accuracy and sufficiency of all special reports. (2) If the administrator finds that a special report does not accurately reflect site conditions, or does not incorporate appropriate protections mechanisms, the administrator shall cite evidence that demonstrates where the special report is insufficient or in error. The applicant may then revise and resubmit the special report. 18.22.930 Critical aquifer recharge area reports. (1) General. Critical aquifer recharge area reports serve as the primary means for Jefferson County to verify the accuracy of its critical aquifer recharge area map and to determine specific aquifer protection measures to be applied to prevent significant adverse impacts to groundwater quality, and in some cases water quantity. A critical aquifer recharge report shall be prepared when required in Article III (critical aquifer recharge areas). (2) Standards for Critical Aquifer Recharge Report or Hydrogeologic Evaluation. A critical aquifer recharge area report or a hydrogeologic evaluation shall be made by a hydrogeologist. The critical aquifer recharge report shall include: (a)A detailed description of how the project, including all processes and other activities have the potential to impact groundwater recharge or for contaminating groundwater; (b)A hydrogeologic evaluation that includes, at a minimum: (i) A description of the hydrogeologic setting of the aquifer region; (ii) Site location, topography, drainage, and surface water bodies; (iii) Soils and geologic units underlying the site; (iv) Groundwater characteristics of the area, including flow direction and gradient, and existing groundwater quality; (v) The location and characteristics of wells and springs within 1,000 feet of the site; and, (vi)An evaluation of existing groundwater recharge. (c)A contaminant transport analysis for the uppermost groundwater supply aquifer assuming an accidental spill or release of project-specific contaminants or on-site sewage discharge, or both if applicable; (d) A discussion and evaluation that details available on-site spill response and containment equipment, employee spill response training, and emergency service coordination measures; (e) Best management practices to minimize exposure of permeable surfaces to potential pollutants and to prevent degradation of groundwater quality; and, (f) Demonstrate compliance with applicable protection standards in Section 18.22.330. 2020 Critical Areas Ordinance Periodic Review and Update Page 91/108 APPENDIX A (g) Requirements for a monitoring program with financial guarantees/assurances that the monitoring program will be implemented. (3)County Review. Critical aquifer recharge report or hydrogeologic evaluation shall be forwarded to the Jefferson County department of public health for technical review. The county may request additional information in order to determine the adequacy of the reports and may rely on input from Washington Department of Ecology. (4) Conditions for Mitigation Identified in the Critical Aquifer Recharge Report or Hydrogeologic Evaluation. The administrator shall determine appropriate permit conditions as identified in the critical aquifer recharge report or hydrogeologic evaluation to mitigate the impacts of proposed activities to critical aquifer recharge areas. 18.22.940 Frequently flooded area reports. (1) Habitat Assessment Required. A habitat assessment shall be submitted if q anyportion of the proposed project occurs within a Special Flood Hazard Area (floodplain), as mapped by the Federal Emergency Management Agency (FEMA). (2) Standards for Habitat Assessment. (a) In addition to the general requirements found at JCC 18.22.905, frequently flooded area reports shall be based on 2013 FEMA Region 10 guidance document entitled Regional Guidance for Floodplain Habitat Assessment and Mitigation in the Puget Sound Basin (or as amended by FEMA). (b) Habitat Assessments also shall be prepared to comply with Article III of this chapter and the flood damage prevention ordinance, as codified in Chapter 15.15 JCC. 18.22.945 Geologically hazardous area reports. (1) Standards for All Geological Assessments. (a) Must be Based on Site Conditions. Recommendations for earthwork, clearing or siting structures in geologically hazardous areas shall be based on existing site conditions rather than measures that have not yet been successfully approved, designed, or constructed (e.g., slope recontouring, slope retaining walls, vegetation improvements, bulkheads, etc.). (b) Limits on Shoreline Bulkheads and Retaining Walls. Shoreline bulkheads and retaining walls may only be utilized as an engineering solution where it can be demonstrated that: (i) An existing residential structure or other permitted existing public or private structures or public facilities such as roads or highways cannot be safely maintained without such measures; (ii) Other nonstructural methods of beach stabilization have been considered and determined infeasible; and, (iii) The resulting stabilization structure is the minimum necessary to provide stability for the existing structure and appurtenances. 2020 Critical Areas Ordinance Periodic Review and Update Page 92/108 APPENDIX A (c) Minor Repair Activities on Existing Permitted Structures. Minor repair activities on existing permitted structures (i.e., those that do not involve design modifications, changes in structure location, or demolition or abandonment of failed structure and replacement with new structure) are not subject to the project submittal standards in subsections (4) and (5). (2) Project Submittal Standards for Geological Reports. A geological report is required for site development proposals that involve development activity or the installation of structures within a geologically hazardous area, or as otherwise required but do not involve or require engineering design recommendations. The following minimum information is required: (a) Site information regarding the critical areas designations that affect site features; (b) Description of surface and subsurface conditions, including ground materials, vegetation, surface drainage, groundwater, and a preliminary geologic hazard assessment which includes the locations of structures and the identification of the slope and/or coastal processes occurring at the site and factors that contribute to them; (c) Review of available site information, literature, and mapping; (d) Detailed description of slope and other topographic features; (e) Conceptual siting of structures and general recommendations, which include methods and practices that avoid and/or reduce slope and shore impacts. Minimum recommendations should include upland and slope drainage control, groundwater control, site vegetation management, and erosion control; (f) A description of how the proposal complies with the clearing, grading, excavation, and stormwater requirements in JCC 18.30.060 and JCC 18.30.070, and the current version of the Stormwater Management Manual for Western Washington; (g)A description of potential effects of the proposal on stormwater quantity, quality, and runoff patterns post-construction; (h) A clear statement whether or not the proposal will affect or alter water movement to the geologically hazardous area and its critical areas buffer if the proposal is implemented; and, (i) Identify measures to avoid or minimize alteration of stormwater runoff patterns post- construction. (3) Project Submittal Standards for Geotechnical Reports. A geotechnical report is required when the department or a geological report determines that a proposal requires additional site information such as engineering design recommendations, slope stability analysis, subsurface exploration and testing, coastal process analyses, or construction recommendations. Depending on the level of activity proposed, the geotechnical report will either be a more limited geotechnical slope evaluation report or a full geotechnical design investigation report as described below. (a) Geotechnical Slope Evaluation Report. A geotechnical slope evaluation report is required when slope stability analyses are confined to addressing only existing surface and/or drainage conditions, including the relationship of natural and constructed slope features to proposed 2020 Critical Areas Ordinance Periodic Review and Update Page 93/108 APPENDIX A changes in environmental conditions such as drainage, vegetation removal and slope geometry. The following minimum information is required: (i) All the information required under subsection (2) (Project Submittal Standards for Geological Reports); (ii) Subsurface data, exploration logs, and testing data, when required by the geotechnical engineer; (iii) Estimated (or surveyed) site plan with ground surface profiles and typical cross- sections; (iv) Relative location of ordinary high water (OHW) on the surface profile and cross- sections, where applicable; (v) Soil strength parameters; (vi) Stability analysis of existing site; (v) Analysis of the relationship of vegetation and slope stability; and, (vi) Conceptual site development plans and cross-sections. (b) Geotechnical Design Investigation Report. A geotechnical design investigation report is required for site development activities that propose design and construction measures at the slope crest, face and/or toe. If a designed structure does not impact slope stability or coastal processes, the report will not be required to perform all items listed under this section, as long as each item is addressed and the report details why a particular item does not apply. The report shall include all items considered necessary by the engineer to fully address the engineering design requirements of the site. The following minimum information is required: (i)All the information required under subsection (1)(a) of this section (Geotechnical Slope Evaluation Report); (ii) Geotechnical requirements and measures to reduce risks; (iii)Geotechnical criteria used for any designs including all critical dimensions, lateral earth pressures, soil bearing pressures, location, and limits of structures on or near the slope, maximum constructed slope angles, minimum soil reinforcement embedment, soil compaction requirements, and structure heights; (iv) Temporary construction slope stability recommendations and analysis of proposed final site stability measures; (v) Required construction specifications and construction monitoring procedures; (vi) Revegetation and surface and groundwater management requirements; (vii) Evaluation of erosion potential, recommendations for erosion avoidance and any proposed mitigation measures; 2020 Critical Areas Ordinance Periodic Review and Update Page 94/108 APPENDIX A (viii) Detailed tabulation of all basic geotechnical engineering test results pertinent to design and construction, and when required for clarification, detailed examples of tests conducted for the project; and, (ix) Information outlined in the geotechnical design investigation report site evaluation checklist required in subsection (d). (c) Additional Requirements for Projects in Landslide-prone Geologically Hazardous Areas. When a project is located within a landslide-prone geologically hazardous area, the following additional project submittal requirements shall apply: (i) Erosion Control Information. An evaluation of the erosion potential on the site during and after construction is required. The evaluation shall include recommendations for mitigation, including retention of vegetative buffers and a revegetation program. The geotechnical engineer shall provide a statement identifying buffer areas at the top or toe of a slope based on geotechnical site constraints and the impacts of proposed construction methods on the erosion potential of the slope. (ii) Seismic Information. The geotechnical engineer shall submit a statement that the design criteria consider the one-in-one-hundred-year seismic event (an earthquake ground motion that has a forty percent probability of exceedance in fifty years). Calculations of soil bearing capacity, general soil stability, and wall lateral earth pressures shall be adjusted to reflect a one-in-one-hundred-year seismic event and the structural plans for the project shall be reviewed by the geotechnical engineer for consistency with these design criteria: Analysis for the one-in-one-hundred-year seismic event shall be based on a near-crustal event having an assumed magnitude of 6.5 and occurring directly below the site. Based on regional studies performed by others, the department will allow the use of the following minimum general values of horizontal peak ground accelerations for this event: a = 0.2g for fill, alluvial soils a = 0.17g for till, firm glaciated soils a = 0.15g for rock. The appropriateness of the above accelerations shall be confirmed by the geotechnical engineer based on the actual site characteristics. Reduction in the above values may be considered when supported by the appropriate analytical evidence. Slope stability, lateral pressures, and liquefaction of the site shall be assessed by using subsurface soil, rock, and groundwater conditions, as well as the seismic parameters discussed above. (iii) Recommendations on Relative Site Stability. The geotechnical engineer shall make recommendations as to which portions of the site are the least prone to instability and the preferred location of the structure. The limits of any area proposed for grading activity shall be identified. 2020 Critical Areas Ordinance Periodic Review and Update Page 95/108 APPENDIX A (iv) Construction Season Limitation. In general, no excavation will be permitted in landslide-prone geologically hazardous areas during the typically wet winter months. When excavation is proposed, including the maintenance of open temporary slopes, between October 1st and April 30th, technical analysis shall be provided to ensure that no environmental harm, threat to adjacent properties, or safety issues would result. In addition, recommendations for temporary erosion control and shoring/mitigating measures shall be provided. The technical analysis shall consist of plans showing mitigation techniques and a technical memorandum from the geotechnical engineer. (v) Revisions to Geotechnical Report. Further recommendations shall be provided by the geotechnical engineer should there be additions or exceptions to the original recommendations based on the plans, site conditions, or other supporting data. If the geotechnical engineer who revises the plans and specifications is not the same engineer who prepared the geotechnical report,the new engineer shall, in a letter to the department, express his or her agreement or disagreement with the recommendations in the geotechnical report and state whether the plans and specifications conform to his or her recommendations. (vi) Plan and Specification Review. The geotechnical engineer shall submit a statement that, in his or her judgment, the plans and specifications (if prepared by others) conform to the recommendations in the geotechnical report and that all portions of the site which are disturbed or impacted by the proposed development have appropriate measures or specifications that permit construction to occur while addressing slope stability so that the work does not create additional risk. The statement shall also indicate whether or not a relative gain in slope stability will be achieved after construction is complete. (vii)Construction Inspection.A final inspection report shall be provided by the geotechnical engineer stating that construction has or has not implemented the design recommendations of the geotechnical report and evaluating any deviation from the design recommendations. (d) Geotechnical Design Investigation Report — Site Evaluation Checklist. The following are report guidelines for geotechnical design investigation reports: (i) Project information: (A) Site owner name; (B) Project proponent name; (C) Ordinary high-water mark (OHWM) where applicable; and, (D) Critical areas designations affecting site features. (ii) Project description, including: (A) Description of proposed structures, site improvements, and adverse impact avoidance and reduction methods; and, (B) Location and total area of the construction zone. 2020 Critical Areas Ordinance Periodic Review and Update Page 96/108 APPENDIX A The site evaluation checklist information shall be included as part of the geotechnical design investigation report. All items listed above must be addressed in the report. However, the above guidelines are not intended to be all-inclusive. It is the responsibility of the geotechnical engineer to address all factors which in their geotechnical design investigation report is relevant to the project. For any items in the site evaluation checklist that are not relevant to a project, information shall be provided to demonstrate why the site evaluation checklist items are not relevant to a project. (4) Results of Department's Review. The department shall review the geological assessment and either: (a) Accept the geological assessment and approve the application; or, (b) Reject the geological assessment and require revisions or additional information. 18.22.950 Habitat Management Reports. (1) General. When required in Article VI, a site visit conducted by a wildlife 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 management plan and include all of the required information described in JCC 18.22.905. Habitat reconnaissance letters and habitat management plans shall be prepared based on requirements in Article VI (fish and wildlife habitat conservation areas), the general report requirements of 18.22.905, and the criteria specified in subsections (3) and (4) below. (3) Habitat Reconnaissance Letter. A habitat reconnaissance letter shall be prepared and submitted only if all project components, including areas of temporary impact and the limits of construction, are outside of all FWHCA buffers, as described in this chapter; provided, no critical areas buffer reduction is proposed. A habitat reconnaissance letter shall document that proposed projects because of their location will not impact FWHCA and will include the following: (a)A description of all FWHCAs and buffers on the property; (b) Narratively and graphically present the distance of all FWHCAs from the limits of clearing, as shown on a site plan. The site plan used during the site visit shall be included in the habitat review letter; and, (c) Photographs of the site and the FWHCAs. (4) Habitat Management Plan.A habitat management plan shall be prepared and submitted if any portion of the proposed activity, including areas of temporary impact and areas within the limits of clearing, are within a FWHCA , as described in this chapter, or if a critical areas buffer reduction is proposed. A habitat management plan shall address the following: (a) Detailed description of all proposed project components relative to on-site FWHCAs, other on-site development, and limits of clearing; (b) State whether or not in-water work is proposed, and if so, describe timing and methods of construction; 2020 Critical Areas Ordinance Periodic Review and Update Page 97/108 APPENDIX A (c) Date site visits were made and date report was completed; (d) Detailed description of the field investigation results, including habitat types present on the property, habitat conditions with FWHCAs, location of native vegetation on the property, and location of non-native or invasive vegetation on the property. The habitat management report should indicate if the critical areas extend offsite; (e) If the project area is identified as potential habitat for threatened or endangered species, , methods used to determine presence or absence of listed species, methods used to determine if appropriate habitat occurs onsite or in the vicinity of the site, and results of the field investigation. (f) In addition to complying with the clearing, grading, excavation, and stormwater requirements in JCC 18.30.060 and 18.30.070, and the current Stormwater Management Manual for Western Washington, describe any potential effects of the proposed activity on stormwater quantity, quality, and runoff patterns post-construction. The report must clearly indicate if the proposal will affect or alter water movement to the FWHCA and buffer if the proposal is implemented and identify measures to avoid or minimize alteration of stormwater runoff patterns post-construction. (g) Identify all potential impacts of the proposed activity on FWHCAs. The habitat management report shall include: (i) Mitigation Sequencing. Describe measures to avoid and minimize impacts to FWHCAs. For any unavoidable impacts, describe and justify all project components that cannot avoid impacting the FWHCA. For unavoidable impacts, mitigation plans must be prepared in accordance with (k) of this subsection.(ii) Types of Impacts. All potential impacts to FWHCAs and their functions and values shall be identified and described in the habitat management report. Habitat management reports shall consider direct impacts, indirect impacts, permanent impacts, temporary (long-term and short-term) impacts, and cumulative impacts. (iii) Impact Area. The area (square footage) of potential impact shall be quantified for each FWHCA. At a minimum, impact area shall include FWHCA that occurs within the limits of clearing, as shown on the site plan. (h) Provide a detailed mitigation plan for any unavoidable impacts. Mitigation plans shall include: (i) Description and scaled, graphic rendering of the mitigation proposal and of the area, suitability, and objectives of the area to compensate for impact area and functions. (iv) A table identifying impact areas (in square feet) and functions affected for each FWHCA and buffer that also identifies mitigation areas (in square feet) and functions. The table shall clearly show a link between potential impacts(area and function) and proposed mitigation (area and function). (v) Mitigation plans shall include performance standards that are applicable to the objectives of the mitigation effort. Monitoring shall be required annually for five years and 2020 Critical Areas Ordinance Periodic Review and Update Page 98/108 APPENDIX A quantifiable performance standards shall be specified in the plan for each of the five years of monitoring. (vi) A planting plan, when appropriate, that lists the species to be planted, including quantity and planting density 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 FWHCAs are adequately mitigated and protected. (xii) Photographs of the site and the FWHCAs. (5) Habitat management plans prepared for any unavoidable development activity within a FWHCA or the inner 75 percent of a standard buffer shall accompany either a financially bonded critical area stewardship plan or critical areas variance application or reasonable economic use exception in JCC 18.22.250 or 260. (6) In-lieu Fee Program. A mitigation plan shall not be required if an actively managed ILF program, is used to mitigate project impacts, provided that the administrator has approved the use of ILF to achieve compensatory FWHCA mitigation. 18.22.955 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. (2) Definition. The use of the term "habitat" in this section means 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 any time of the year." (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. 2020 Critical Areas Ordinance Periodic Review and Update Page 99/108 APPENDIX A (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: (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; and, (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. 2020 Critical Areas Ordinance Periodic Review and Update Page 100/108 APPENDIX A (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; and, (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 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 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 2020 Critical Areas Ordinance Periodic Review and Update Page 101/108 APPENDIX A 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, they no longer meet the criteria in subsection (5) of this section (e.g., as a result of a natural catastrophe or climatic change event); and provided further, that the procedural requirements of this section and the procedural requirements established for Type V land use decisions within Chapter 18.40 JCC are met. 18.22.960 Wetland reports. (1)General.When required by Article VII, a site visit conducted by a qualified wetland professional is required to determine if a wetland is present. Based on the site visit, a wetland reconnaissance letter or a wetland delineation report shall be prepared. Wetland reconnaissance letters and wetland delineation reports shall be prepared based on requirements Article VII (wetlands), the general report requirements of JCC 18.22.905, and the criteria specified in subsections (3) and (4) below. If a proposed activity is unavoidable and occurs within a wetland or the inner 75 percent of a wetland buffer the wetland reports shall accompany either a financially bonded critical area stewardship plan or critical area variance application in JCC 18.22.250 or reasonable economic use exception in JCC 18.22.260. (3) Wetland Reconnaissance Letter. A wetland reconnaissance letter shall be prepared and submitted only if all the project components are at least 300 feet from areas of temporary impact and the limits of clearing; provided, no buffer reduction is proposed. A wetland reconnaissance letter shall document that proposed projects because of their location will not impact wetlands and will include the following: (a) Describe all wetlands and buffers on the property; (b) Narratively and graphically describe the distance of all wetlands from the limits of clearing, as shown on the site plan; The site plan used during the site visit shall be included in the wetland reconnaissance letter; (c) Provide a wetland delineation field data form for all potential wetland areas assessed; (e) Plot locations shall be shown on the site plan that is attached to the wetland reconnaissance letter; and, (f) Photographs of the site and the wetlands. 2020 Critical Areas Ordinance Periodic Review and Update Page 102/108 APPENDIX A (4) Wetland Delineation Report. A wetland delineation report shall be 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 clearing, or if a buffer reduction is proposed. A wetland delineation report shall address the following: (a) Date site visits were made and date report was completed. (b) Summary of information reviewed (such as maps and reports) to determine the potential for wetlands to be present. Based on this review, describe wetlands within 300 feet of the proposed activity. (c) Detailed description of the field evaluation results, location and types of wetlands identified, and buffer conditions. Discuss all on-site wetlands identified, potential off-site wetlands, and wetland ratings and buffer widths. Indicate locations of wetland boundary flagging and plot flagging, including flag color, type, and number. (d) In addition to complying with the clearing, grading, 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, quality, and runoff patterns post-construction. The report must clearly indicate if the proposal will affect or alter water movement to the wetland if the proposal is implemented and identify measures to avoid or minimize alteration of stormwater runoff patterns post-construction. (e) Describe how the proposal complies with all the requirements of Article VI (Wetlands). (f)Wetland rating form for each wetland identified shall be included in the wetland report. (g) Figure showing mitigation areas 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. (h) Photographs of the site and the wetlands or buffer. (5)A mitigation plan shall not be required if an actively managed ILF program, is approved by the administrator and used to mitigate project impacts. 18.22.965 Critical area stewardship plans. (1) Property Owner Election. Property owners may elect to develop site-specific critical area stewardship plans (CASPs) as an alternative to the prescriptive requirements of Article VI (Fish and Wildlife Habitat Conservation Areas (FWHCAs)) and Article VII (Wetlands) of this chapter. (2) The administrator may approve CASPs for critical area buffer reductions greater than 25 percent; provided, the project does not require a reasonable economic use variance. (3) Review and Approval of CASPs. The administrator shall be responsible for reviewing and approving submitted CASPs. The administrator may, at the administrator's 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. 2020 Critical Areas Ordinance Periodic Review and Update Page 103/108 APPENDIX A (4) Applicability and Limitations. The following provisions define the applicability and limitations of the CASP: (a) CASPs may be used in any zoning 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 preclude future density requirements. The overall goal of the CASP is to maintain existing functions and values of the watershed and subbasin, while addressing the needs and desires of the property owner. (b) CASPs can be applied to properties one-quarter acre or larger. (c) CASPs are only applicable to fish and wildlife habitat conservation areas and associated buffers (Article VI) or wetlands and associated buffers (Article VII). (d) CASPs must provide equal or greater protection of critical area functions and values than the prescriptive standards of buffers and setbacks. (e) CASPs will be administered as a Type I permit, per Chapter 18.40 JCC. (5) Implementation. (a) A CASP permit is valid for the same timeframe as the underlying permit (e.g., building permit, septic permit, shoreline permit). If the underlying permit does not have a specified expiration date or if the CASP application is a standalone application, the CASP permit shall be valid for three years from the date the CASP permit is issued. A CASP permit shall not be considered valid beyond five years from the date the CASP permit is issued. If the underlying permit remains valid beyond five years, the CASP permit shall be considered null and void. Once the permit has expired, it shall not be renewed. (b) The applicant shall record a notice title for any approved mitigation at the Auditor's Office and shall post a mitigation performance bond with the department. The administrator shall provide the necessary paperwork to the applicants.Assuming the administrator does not need to designate staff (or contract with other qualified professionals) to 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 met, whichever is greater. The CASP permit is a conditional approval and no other permits (such as building, shoreline, septic) shall be approved until the applicant has recorded the notice to title and posted the performance bond. (6)As-built plan requirement.An as-built plan shall be prepared by a wetland specialist describing the action taken to implement the CASP. This as-built plan shall include: (a) A contour map describing final contours if grading is required; (b) A quantitative description of the vegetation planted; (c) Establishment of two or more permanent photo documentation stations with established bearings and monuments to ensure that subsequent photographs depict the same landscape for comparative purposes; 2020 Critical Areas Ordinance Periodic Review and Update Page 104/108 APPENDIX A (d) Additional photographic documentation that shows the condition of mitigation area(s) once CASP mitigation has been implemented; (e) A site plan showing the location of the mitigation areas relative to the mitigation proposal as presented in the approved GASP report and to the CASP permit conditions; and, (f) Building final certificate of occupancy or septic final shall not be issued until the applicant has submitted an as-built showing compliance with this article, the approved GASP report, and all CASP permit conditions. (7) Contingency Plan Requirement. A contingency PI n is requireduired describing how the CASP might be modified if monitoring indicates a failure to meet the stated goals, or a need to modify the goals because of events outside the 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 final density of shrubs and trees. The contingency plan should call for either supplemental planting when the density falls below the prescribed final density or it could call for the planting of alternate specie(s). (8) Failure to submit required reports. Failure to submit a report required under this article shall constitute a failure to comply with the terms of the permit. (9) Performance Bond. The administrator shall authorize the use of the performance bond to ensure maintenance and monitoring are completed to comply with permit conditions. In the event the performance bond amount is insufficient to ensure compliance with the permit (or if activities on the site have negatively affected the mitigation area(s), the failure to comply with CASP permit conditions shall be processed by the administrator pursuant to Chapter 18.50 JCC (Enforcement). (10) Waiver. The administrator may waive portions of a critical area stewardship plan (CASP) if, in the administrator's opinion, critical area functions and values will not be adversely affected by a proposed activity. (11) Recording of Approved CASP Required. An approved CASP must be recorded on the property deed (recorded with the Jefferson County auditor) and must remain in effect unless replaced by a new or updated CASP approved by the county. 2020 Critical Areas Ordinance Periodic Review and Update Page 105/108 APPENDIX A 18.30.180 On-site sewage disposal best management practices in critical aquifer recharge areas. All land uses identified in Article III of Chapter 18.22 JCC and special aquifer recharge protection areas that are also classified as susceptible aquifer recharge areas (as defined Chapter 18.22 JCC) shall be designated areas of special concern pursuant to Title 246 WAC. Consistent with Title 246 WAC, the Jefferson County Board of Health determines the best management practices (BMPs) to meet minimum on-site sewage standards within both a susceptible aquifer recharge area and a special aquifer recharge protection area (as identified in Article III of Chapter 18.22 JCC). The current BMPs, subject to modification from the Jefferson County Board of Health, are: (1) The contaminants of concern, bacteria and nitrogen, are not fully treated (removed)from wastewater in Type 1 and 2 soils (excessively coarse and coarse)with conventional gravity fed on- site sewage systems. To more adequately protect the groundwater in these areas from contamination by these elements the standards in this section have been developed utilizing a combination of treatment systems and land use density parameters. (2)Where land use densities are such that adequate aquifer protection is not ensured, best management practices for on-site sewage shall apply to new development, or expansion (as defined in WAC 246-272A-0010) of existing development when an on-site sewage disposal system is installed. (a) Tables 1 and 2 shall be used to determine the type of on-site sewage disposal system required and the minimum lot size in different soil types where public water is available. Lot size requirements are taken from the Washington State On-Site Sewage Code, Chapter 246- 272A WAC, Table X. Soil textural classifications and minimum standards for methods of effluent distribution for soil types and depths are taken from Chapter 246-272A WAC, Tables V and VI, respectively. (b) In critical aquifer recharge areas, no on-site sewage permit will be issued where public water systems are not available on lots less than one acre, except as permitted in subsection (2)(c) of this section. (c)When lots sizes do not meet the area requirements specified in Tables 1 and 2, and lot consolidation is impracticable, an approved composting toilet and greywater treatment system may be permitted. Permits for composting toilets shall include a condition requiring further treatment of toilet waste at the Port Townsend composting facility or other approved site. On- site use or disposal of the toilet-generated compost shall not be allowed. (d) BMPs shall be updated as new technologies are reviewed and approved by Jefferson County public health and/or Washington Department of Health. Criteria for review of new or existing systems will include, but not be limited to, adequate laboratory evidence provided by the system proprietor of a minimum of 50 percent total nitrogen reduction prior to final disposal. Currently, acceptable BMPs include: (i) Intermittent sand filter followed by a shallow pressure distribution system (also meets Treatment Level B); (ii) Recirculating gravel filter; 2020 Critical Areas Ordinance Periodic Review and Update Page 106/108 APPENDIX A (iii) Composting and incinerating toilets—if these are used, greywater from the facility shall be treated by the method normally required by the site and soil conditions required under Chapter 246-272A WAC. For example: Type 1 soils require Treatment Level B under Chapter 246-272A WAC. Only composting or incinerating toilets on the List of Registered On-Site Treatment and Distribution Products by the Washington Department of Health may be permitted. (iv) Treatment units listed in Washington Department of Health Registered Products meeting Treatment Level N. (e) Systems that meet Treatment Levels A and B and N are listed and approved by the Washington Department of Health and are available in the List of Registered On-Site Treatment and Distribution Products. Only those systems that meet Treatment Levels specified in Chapter 246-272A WAC and meet Treatment Level N or are listed as nitrogen reduction BMPs (in subsection(2)(c) of this section) meet the standard for critical aquifer recharge area requirements in Type 1 soils. (f)Where a question/disagreement regarding the soil texture exists, the following procedure shall be used: (i) Sample will be taken in the presence of Jefferson County public health staff. (ii) Chain of custody protocol shall be followed. (iii) Lab reports shall be sent to Jefferson County environmental health division and the applicant, or applicant's representative, for review. Table 1 On-Site Sewage System Requirements for Sites Using Public Water Sources and Having Three Feet Vertical Separation in Critical Aquifer Recharge Areas Note: "NO3 BMP" refers to the nitrogen reduction best management practices listed in JCC 18.30.180(2)(d) or Treatment Level N in Chapter 246-272A WAC. Soil Type(as defined in Chapter 246-272A WAC) Minimum Lot Size= 1 2 3 4 5 6 >1.0 ac Treatment Level A or Pressure Conventional Conventional Conventional Conventional B Distribution Gravity Gravity Gravity Gravity 22,000 sq. Treatment Level A or NO3 BMP Shallow Pressure Shallow Pressure Shallow Pressure Shallow Pressure ft. B that is also listed as Distribution Distribution Distribution Distribution NO3 BMP 0.5 ac Treatment Level A or NO3 BMP Shallow Pressure Shallow Pressure Shallow Pressure (21,780 sq. B that is also listed as Distribution Distribution Distribution ft.) NO3 BMP 20,000 sq. NO3 BMP Shallow Pressure Shallow Pressure Shallow Pressure ft. Distribution Distribution Distribution 18,000 sq. NO3 BMP Shallow Pressure Shallow Pressure ft. Distribution Distribution 2020 Critical Areas Ordinance Periodic Review and Update Page 107/108 APPENDIX A Soil Type(as defined in Chapter 246-272A WAC) Minimum Lot Size2 1 2 3 4 5 6 15,000 sq. NO3 BMP Shallow Pressure ft. Distribution 12,500 sq. NO3 BMP ft. lAs defined in Article Ill of Chapter 18.22 JCC. 2Per unit volume of sewage(450 gallons per day), WAC 246-272A-0010. Table 2 On-Site Sewage System Requirements for Sites Using Public Water Sources and Having Two Feet But Less Than Three Feet of Vertical Separation,for Development in Critical Aquifer Recharge Areas3 Note: "NO3 BMP" refers to the nitrogen reduction best management practices listed in JCC 18.30.180 (2)(d) or Treatment Level N in Chapter 246-272A WAC. Soil Type(as defined in Chapter 246-272A WAC) Minimum Lot Size' 1 2 3 4 5 6 >1.0 ac Treatment Level or B Pressure Pressure Pressure Pressure Pressure Distribution Distribution Distribution Distribution Distribution 22,000 sq. ft. Treatment Level A or B NO3 BMP Shallow Shallow Shallow Shallow that is also listed as Pressure Pressure Pressure Pressure NO3 BMP Distribution Distribution Distribution Distribution 0.5 ac Treatment Level A or B NO3 BMP Shallow Shallow Shallow (21,780 sq. that is also listed as Pressure Pressure Pressure ft.) NO3 BMP Distribution Distribution Distribution 20,000 NO3 BMP Shallow Shallow sq. ft. Pressure Pressure Distribution Distribution 18,000 NO3 BMP Shallow Shallow sq. ft. Pressure Pressure Distribution Distribution 15,000 NO3 BMP Shallow sq. ft. Pressure Distribution 12,500 NO3 BMP sq. ft. 3As defined in Article Ill of Chapter 18.22 JCC. 'Per unit volume of sewage (450 gallons per day), WAC 246-272A-0010. The Jefferson County Board of Health has the authority to modify these BMPs, provided there is compliance with Title 246 WAC. The above BMPs are in effect until modified by the Jefferson County Board of Health, consistent with Title 246 WAC. 2020 Critical Areas Ordinance Periodic Review and Update Page 108/108 APPENDIX B Jefferson County Critical Areas Ordinance Periodic Update:Addendum to the 2008 Record of Best Available Science Benedict,C.and J.Shaw. 2012. Agricultural Waterway Buffer Study: Whatcom County, Washington. Funded by King County Water and Land Resources Division, King Conservation District,Whatcom Conservation District, and Washington State University Extension. Citizens for Local Food. 2012. Jefferson County Farmer Survey. Coastal Geologic Services, Inc. 2016. Jefferson County Critical Areas Ordinance Update—Addendum to Jefferson County BAS Report for Coastal Geologically Hazardous Areas. Prepared for Jefferson County. East Jefferson Watershed Council. 2011. Watershed Management Plan and Detailed Implementation Plan for the Quilcene-Snow Water Resource Inventory Area(WRIA 17). E.D. Hovee &Company, LLC. 2010. Jefferson county Joint Economic Development Planning: Existing Conditions Report. Prepared for Jefferson County, City of Port Townsend,and Port of Port Townsend. EnviroVision, Herrera Environmental, and Aquatic Habitat Guidelines Program. 2010. Protecting Nearshore Habitat and Functions in Puget Sound. ESA. 2016. Recommendations Report. Prepared for Jefferson County. ESA. 2016. Watershed Characterization Report. Prepared for Jefferson County. ESA. 2015. Critical Areas Ordinance Update: Best Available Science Report. Prepared for Jefferson County. Federal Emergency Management Agency. 2016. Risk Report. Prepared for Jefferson County, including the City of Port Townsend and the Hoh Tribe. GEI Consultants. 2005. Efficacy and Economics of Riparian Buffers on Agricultural Lands—State of Washington—Phase II. Submitted to Washington Agricultural Caucus. GEI Consultants. 2002. Efficacy and Economics of Riparian Buffers on Agricultural Lands. Submitted to: Washington Agricultural Caucus. Golder Associates. 2010. Water Demand and Availability WRIA-Stage 1. Prepared for Public Utility District#1 of Jefferson County& the WRIA 17 Planning Unit. Jefferson County Conservation District. 2015. Chimacum Watershed Water Quality and Fishes: A Comprehensive Review. Prepared for Washington State Conservation Commission. Olympia, Washington. Jefferson County Conservation District. 2011. Fecal Coliform Monitoring Results and Best Management Practices in the Discovery Bay Watershed: 2007—2011. Prepared for Jefferson County Department of Public Health. 1 APPENDIX B Jefferson County Conservation District. 2011. Water Quality Monitoring Report: Chimacum Creek Clean Water Project. Prepared for Department of Ecology Water Quality Program. Jefferson County Conservation District. 2009. Water Quality Screening Report: July 2007-June 2009. Prepared for Washington State Conservation Commission. Jefferson County Conservation District. 2004. Chimacum Watershed: Agriculture, Fish& Wildlife Protection Plan. Jefferson County Public Health. 2011. Discovery Bay Clean Water Project: Final Report. Jefferson County Public Health and Jefferson County Conservation District. 2017. Final Report for Hood Canal Priority Basins Project. Kallestad,J. and M.E.Swanson. 2009. Riparian Buffers for Western Washington Agriculture. Tilth Producers Farm Walk Series. King County. 2014. Assessing Land Use Effects and Regulatory Effectiveness on Streams in Rural Watersheds of King County, Washington. Department of Natural Resources and Parks,Water and Land Resources Division, Science and Technical Support Section. National Marine Fisheries Service and U.S. Fish and Wildlife Service (2008).Endangered Species Act- Section 7 Consultation, Final Biological Opinion, Washington State Fish Passage and Habitat Enhancement Restoration Programmatic Consultation. 2008. Petersen,S., Bell,J., Miller, I.,Jayne, C., Dean, K., Fougerat, M. 2015. Climate Change Preparedness Plan for the North Olympic Peninsula. A Project of the North Olympic Peninsula Resource Conservation & Development Council and the Washington Department of Commerce. Funded by the Environmental Protection Agency. Puget Sound Partnership. 2019. State of the Sound. Olympia, Washington. Ramsar. 2014. Wetlands&Agriculture: Partners for Growth. Rhees,S.S. 2016. Protecting Riparian Areas with Vegetated Buffers. Zoning Practice,9.16. Snohomish Conservation District, NOAA Restoration Center, and Pennsylvania State University. 2015. The Working Buffer Opportunity: A Proposal for Ecologically Sound and Economical Viable Riparian Buffers on Agricultural Lands. State of Washington Office of the Attorney General. 2018. Advisory Memorandum and Recommended Process for Evaluating Proposed Regulatory or Adminstrative Actions to Avoid Unconstitutional Takings of Private Property. Thurston County. 2015. Voluntary Stewardship Program: Work Plan Draft. The Association of State Wetland Managers, Inc. 2011. Assessing the Natural and Beneficial Functions of Floodplains: Issues and Approaches: Future Directions. The Salish Sea Pacific Herring Assessment and Management Strategy Team. 2018. Assessment and Management of Pacific Herring in the Salish Sea: Conserving and Recovering a Culturally Significant 2 APPENDIX B and Ecologically Critical Component of the Food Web. Final Report. Prepared for The SeaDoc Society. The William D. Ruckelshaus Center. 2010. Preserving Agricultural Viability and Protecting Critical Areas: Report on the Work of the Agriculture and Critical Areas Committee. Submitted to the Washington State Legislature and Governor Christine Gregoire. U.S.Army Corps of Engineers. 2016. Special Public Notice: Interim Procedures for Competing an Eelgrass Delineation and Characterization Report. U.S. Department of the Interior(U.S. Geological Survey). 2011. Geologic Framework, Groundwater Movement, and Water Budget in the Chimacum Creek Basin and Vicinity,Jefferson, County. Prepared in cooperation with Jefferson County and the Washington State Department of Ecology. Washington State Conservation Commission. 2012. 2012 Implementation and Effectiveness Monitoring Results for the Washington Conservation Reserve Enhancement Program (CREP): Plant and Buffer Performance. Washington State Department of Commerce. 2018. Critical Areas Handbook: A Handbook for Reviewing Critical Areas Regulations. Olympia,Washington. Washington State Department of Commerce. 2016. Critical Areas and Agriculture: Review of Development Regulations. Olympia,Washington. Washington State Department of Ecology. 2016. Wetland Guidance for CAO Updates: Western Washington Version. Publication#16-06-001. Olympia,Washington. Washington State Department of Ecology. 2015. Shoreline Master Programs Handbook: Chapter 16, Aquaculture. Publication#11-06-010. Olympia, Washington. Washington State Department of Ecology. 2014. Channel Migration Processes and Patterns in Western Washington: A Synthesis for Floodplain Management and Restoration. Publication#14-06-028. Olympia,Washington. Washington State Department of Ecology. 2018. July 2018 modified sections XX.040 and XX.050— Western Washington and July 2018 Appendix 8-C with modified habitat score ranges. Modifications to Wetland Guidance for CAO updates: Western Washington Version. Washington State Department of Ecology. 2013. Update on Wetland Buffers: The State of the Science. Final Report, October 2013. Publication#13-06-11. Olympia,Washington. Washington State Department of Ecology. 2012. Calculating Credits and Debits for Compensatory Mitigation in Wetlands of Western Washington. Publication#10-06-011. Olympia,Washington, Washington State Department of Ecology. 2010. Wetlands& CAO Updates: Guidance for Small Cities: Western Washington Version. Publication#10-06-002. Olympia,Washington. Washington State Department of Ecology. 2009. Selecting Wetland Mitigation Sites Using a Watershed Approach. Publication#09-06-032. Olympia,Washington. Washington State Department of Ecology. 2008. Making Mitigation Work: The Report of the Mitigation that Works Forum. Publication#08-06-018. Olympia,Washington. 3 APPENDIX B Washington State Department of Ecology. 2006. Wetland Buffers—Summary of Scientific Information. Washington State Department of Ecology. 2005. Critical Aquifer Recharge Areas: Guidance Document. Publication#05-10-028. Olympia,Washington. Washington State Department of Ecology. 2005. Protecting Aquatic Ecosystems: A Guide for Puget Sound Planners to Understand Watershed Processes. Publication#05-06-27. Olympia, Washington. Washington State Department of Fish and Wildlife. 2018. Priority Habitats and Species List. Olympia, Washington. Olympia,Washington. Washington State Department of Fish and Wildlife. 2018. Riparian Ecosystems, Volume I:Science Synthesis and Management Implications. Olympia,Washington Washington State Department of Fish and Wildlife. 2014. Marine Shoreline Design Guidelines. Washington State Aquatic Habitat Guidelines Program. Olympia,Washington. Washington State Department of Fish and Wildlife. 2013. Water Crossing Design Guidelines. Aquatic Habitat Guidelines Program. Olympia,Washington. Washington State Department of Fish and Wildlife. 2012. Stream Habitat Restoration Guidelines. Washington State Aquatic Habitat Guidelines Program. Olympia, Washington. Washington State Department of Fish and Wildlife. 2009. Landscape Planning for Washington's Wildlife: Managing for Biodiversity in Developing Areas. Priority Habitat and Species Guidance Document. Olympia,Washington. Washington State Department of Fish and Wildlife. 2009. Land Use Planning for Salmon,Steelhead and Trout: A land use planner's guide to salmonid habitat protection and recovery. Aquatic Habitat Guidelines Program. Olympia,Washington. Washington State Department of Natural Resources. 2010.Washington Natural Heritage Database. Western Environmental Law Center. 2016. Agricultural Pollution in Puget Sound: Inspiration to Change Washington's Reliance on Voluntary Incentive Programs to Save Salmon. Policy Paper. 4