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D. WETLAND AND BUFFER MITIGATION LOCATION. <br />1. In instances where portions of a wetland or wetland buffer impacted by <br />development remain after buffer averaging, mitigation for buffer impacts shall be provided <br />on -site, if feasible. Where an essential public road, street or right-of-way or essential <br />public utility cannot avoid buffer alterations, buffer enhancement must be carried out at <br />other locations around the impacted wetland. <br />2. On -site mitigation for wetland impacts shall be provided, except where the <br />applicant can demonstrate that: <br />a. On -site wetland mitigation is not scientifically feasible due to problems <br />with hydrology, soils, waves or other factors; or <br />b. Mitigation is not practical due to potentially adverse impact from <br />surrounding land uses; or <br />c. Existing functions created at the site of the proposed restoration are <br />significantly greater than lost wetland functions; or <br />d. Regional goals for flood storage, flood conveyance, habitat or other <br />wetland functions have been established and strongly justify location of mitigation at <br />another site, and where off -site mitigation is demonstrated to provide a greater ecological <br />benefit to the watershed. Refer to 2005 WRIA 9 Salmon Habitat Plan as it now reads and <br />hereafter updated or amended, for potential offsite mitigation locations. <br />3. Purchase of mitigation credits through mitigation banks and in lieu fee <br />programs is preferred over permittee responsible offsite mitigation. <br />4. The Community Development Director may approve, through a Type 2 <br />decision, the transfer of wetland mitigation to a wetland mitigation bank or in -lieu fee <br />program using the criteria in 4.a. through 4.f. below. Wetland mitigation bank credits shall <br />be determined by the certified mitigation banking or in -lieu fee instrument. <br />a. Off -site mitigation is proposed in a wetland mitigation bank that has been <br />approved by all appropriate agencies, including the Department of Ecology, Corps of <br />Engineers, EPA and certified under state rules; and <br />b. The proposed wetland alteration is within the designated service area of <br />the wetland bank; and <br />c. The applicant provides a justification for the number of credits proposed; <br />and <br />d. The mitigation achieved through the number of credits required meets <br />the intent of TMC Chapter 18.45; and <br />e. The Director bases the decision on a written staff report, evaluating the <br />equivalence of the lost wetland functions with the number of wetland credits required; and <br />f. The applicant provides a copy of the wetland bank ledger demonstrating <br />that the approved number of credits has been removed from the bank. <br />w:\Legislative Development\Critical Areas update 2-25-20 <br />MD:bjs Review and analysis by Barbara Saxton Page 25 of 87 <br />