Ord 2625 - TMC Title 18 Chapters - Critical Areas Regulations

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e. Original fish and wildlife habitat enhanced unless technically not feasible; and f. If onsite mitigation is not possible and to ensure there is no net loss of watercourse functions including, but not limited to, shading, the applicants may pay into an in -lieu fund, if available, to ensure that projects are fully mitigated. 2. Relocation of a watercourse shall not result in the new critical area or buffer extending beyond the development site and onto adjacent property without the written agreement of the affected property owners. D. MITIGATION TIMING. Department of Community Development -approved plans are Type 2 decisions and must have the mitigation construction completed before the existing watercourse can be modified. The Director may allow activities that permanently disturb a watercourse prior to implementation of the mitigation plan under the following circumstances: 1. To allow planting or re -vegetation to occur during optimal weather conditions; or 2. To avoid disturbance during critical wildlife periods; or 3. To account for unique site constraints that dictate construction timing or phasing. E. MITIGATION PLAN CONTENT. All impacts to a watercourse that degrade the functions of the watercourse or its buffer shall be avoided. If alteration to the watercourse or buffer is unavoidable, all adverse impacts resulting from a development proposal or alteration shall be mitigated in accordance with an approved mitigation plan as described below. 1. Mitigation plans shall be completed for any proposals of dredging, filling, diverting, piping and rerouting of watercourses or buffer impacts and shall be developed as part of a critical area study by a qualified professional. The plan must show how water quality, treatment, erosion control, pollution reduction, wildlife and fish habitat, and general watercourse quality would be improved. 2. The scope and content of a mitigation plan shall be decided on a case -by - case basis taking into account the degree of impact and extent of mitigation measures needed. As the impacts to the watercourse or its buffer increase, the mitigation plan to offset these impacts will increase in extent and complexity. 3. The components of a complete mitigation plan are as follows: a. Baseline information including existing watercourse conditions such as hydrologic patterns/flow rates, stream gradient, bank full width, stream bed conditions, bank conditions, fish and other wildlife use, in -stream structures, riparian conditions, buffer characteristics, water quality, fish barriers and other relevant information. b. Environmental goals and objectives that describe the purposes of the mitigation measures. This should include a description of site selection criteria, identification of target evaluation species and functions. w:\Legislative Development\Critical Areas update 2-25-20 MD:bjs Review and analysis by Barbara Saxton Page 33 of 87