Chapter 14.30 WETLANDS

Chapter 14.30
WETLANDS

Sections:

14.30.010 Purpose.

14.30.020 Wetland areas.

14.30.030 Wetland review procedures.

14.30.040 Wetland standards.

14.30.050 Mitigation requirements.

14.30.060 Buffer requirements.

14.30.070 Appendices.

14.30.080 Figures.

The purpose of this chapter is to avoid or, in appropriate circumstances, to minimize, rectify, reduce, or compensate for impacts arising from land development and other activities affecting wetlands, and to maintain and enhance the biological and physical functions and values of wetlands with respect to water quality maintenance, stormwater and floodwater storage and conveyance, fish and wildlife habitat, primary productivity, recreation, education, and historic and cultural preservation. When wetland impacts occur, mitigation will be required to achieve no net loss of wetlands in terms of acreage, function, and value. (Ord. 02-200 § 2).

14.30.020 Wetland areas.

A. General.

1. 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.

2. The city will require the use of the following documents to determine the presence or absence of potential wetlands:

a. Federal Manual for Identifying and Delineating Jurisdictional Wetlands, Corps of Engineers Wetlands Delineation Manual, 1987 Edition, and corresponding guidance letters; and

b. Washington State Wetlands Identification and Delineation Manual, March 1997 Edition (DOE Publication 96-94).

B. Wetland Indicators. Indicators of wetlands normally include, but are not limited to: saturated soils or standing water; water-tolerant plant species such as salmonberry, Oregon ash, Western red cedar, rushes and sedges; and dark-brown or black soil colors. Refer to the documents listed in subsection (A)(2) of this section for detailed wetland indicator criteria.

C. Potential Wetland Areas. Potential wetland areas, as depicted on the city's Critical Areas Atlas – Wetland Inventory Maps, are those areas where wetland indicators have been mapped or identified. Potential wetlands include:

1. Areas within 165 feet of hydric soils identified on the soil survey of Pierce County area, wetlands identified on the National Wetland Inventory Maps or Edgewood wetland inventory maps, areas of known flooding identified on the FEMA FIRM and flood insurance study maps, or any other indicators of hydrology such as Department of Natural Resource stream data.

2. Areas that possess one or a number of wetland indicators as set forth in subsection (B) of this section and any adjacent areas within 165 feet.

3. Areas within the buffer of any wetland previously identified through the wetland review process.

D. Wetland Categories. Wetlands shall be classified into categories which are reflective of each wetland's function and value and unique characteristics. Wetland categories shall be based on the generalized criteria provided in EMC 14.30.070, Appendix A, and the specific criteria provided in the Edgewood wetlands rating form provided in EMC 14.30.070, Appendix F. Wetlands shall be generally designated as follows:

1. Category I Wetlands. Category I wetlands are those regulated wetlands of exceptional resource value based on their functional value and diversity, wetland communities of infrequent occurrence, association with documented habitat for sensitive, threatened or endangered species, and other attributes which may not be adequately replicated through creation or restoration.

2. Category II Wetlands. Category II wetlands are those regulated wetlands of significant resource value based on their functional value and diversity, wetland communities of infrequent occurrence, and other attributes which may not be adequately replicated through creation or restoration.

3. Category III Wetlands. Category III wetlands are those regulated wetlands that have important resource value, principally due to vegetative diversity.

4. Category IV Wetlands. Category IV wetlands are those regulated wetlands of ordinary resource value based on monotypic vegetation of similar age and class, lack of special habitat features, and isolation from other aquatic systems.

E. Wetland Delineation Criteria.

1. Delineating Wetlands Divided by a Manmade Feature. When a wetland is divided by a manmade feature (e.g., a road embankment), the wetland shall be rated as if it is not divided if there is a perennial or intermittent surface water connection between the two wetlands and either of the following criteria are met:

a. It can be demonstrated that the separate wetlands were one discrete wetland prior to construction of the manmade feature. This may be accomplished through an analysis of secondary information such as aerial photographs and soils maps; or

b. The two separated wetlands can be shown to function as one wetland. This shall be determined based on normal conditions (i.e., in the absence of unauthorized activity, the wetlands possess similar vegetative or wildlife assemblages or hydrologic regime).

c. Separated wetland areas may be rated jointly in the absence of a perfectly level culvert with two-way water flow.

2. Connecting Mosaic Pattern Wetlands. In cases where there are no surface water connections, but the wetlands are separated from each other by less than 100 feet (on average), the DOE mosaic methodology shall be used to determine the wetland boundary. The area of the wetlands must be greater than 50 percent of the total combined area of wetland and upland for the patchwork to be considered on a wetland. In addition, the patchwork is to be encompassed in such a manner as to minimize the amount of upland area interspersed amongst the wetland areas (see EMC 14.30.080(A), Figure 14.30-1). (Ord. 02-200 § 2).

14.30.030 Wetland review procedures.

A. General Requirements.

1. The city's Critical Areas Atlas – Wetland Inventory Maps provides an indication of where potential wetlands are located within the city. The actual presence or location of a potential wetland or a potential wetland that has not been mapped, but may be present on or adjacent to a site shall be determined using the procedures and criteria established in this chapter.

2. The department will complete a review of the city's Critical Areas Atlas –Wetland Inventory Maps and other source documents for any proposed regulated activity to determine whether the project area for a proposed single-family dwelling unit or site for all other proposed regulated activities is located within a potential wetland. Identification of a potential wetland may also occur as a result of field investigations conducted by department staff.

3. When the department's maps, sources, or field investigation indicate that a potential wetland is located within the project area for a proposed one-family dwelling unit or within the site for all other proposed regulated activities, the department shall require a site evaluation (field investigation) to determine whether or not a regulated wetland is present and if so, its relative location in relation to the proposed project area or site. The findings of the site evaluation shall be documented as outlined in subsections (B), (C), (D), or (E) of this section.

4. If department staff completes the site evaluation and determines that no regulated wetlands are present, then wetland review will be considered complete.

5. All site evaluations shall include a proposed categorization of the wetland in accordance with the guidelines set forth in EMC 14.30.020(B) and a calculation of the standard wetland buffer as set forth in EMC 14.30.060.

6. Unless otherwise stated in this chapter, the critical area protective measure provisions contained in EMC 14.10.080 shall apply.

B. General Wetland Review. A general wetland review shall include the submittal of a wetland verification report, wetland delineation report, or a wetland analysis report, together with a wetland application and appropriate fees (see EMC 14.30.080(B), Figure 14.30-2).

1. Wetland Verification Report.

a. A wetland verification report shall be submitted when the site evaluation determines that:

i. No regulated wetland is present within 165 feet of the site;

ii. A regulated wetland is present, but its standard buffer does not extend within the site; or

iii. Wetlands are identified but are evaluated and found to be exempt as set forth in EMC 14.20.030(K).

b. The wetland verification report shall include data sheets, site maps, and other field data and information necessary to confirm wetland presence or absence and category. If exempt wetlands (refer to EMC 14.20.030(K)) are identified, a site plan must be provided that identifies their location.

c. The wetland verification report shall identify and discuss wetland boundaries within the site as well as those that extend off-site. Off-site wetlands and associated standard buffers do not have to be marked in the field.

d. Department staff shall review the wetland verification report and either:

i. Accept the report and approve the wetland application; or

ii. Reject the report and require the submittal of a wetland analysis report.

2. Wetland Analysis Report.

a. If a regulated wetland or its standard buffer extends onto the site, the department shall require a wetland analysis report. Information required in a wetland analysis report is identified in EMC 14.30.070, Appendix B.

b. If the department determines that a Category I wetland is on-site which is associated with documented habitat for endangered, threatened, or sensitive species or for potentially extirpated plant species recognized by state or federal agencies, the department shall also require the submittal of a habitat assessment report as set forth in Chapter 14.40 EMC.

c. If the department determines that mitigation is necessary to offset the identified impacts, the applicant shall comply with the mitigation requirements set forth in EMC 14.30.050.

d. Approval of the wetland application shall be granted upon a determination that the wetland analysis report and mitigation plan, if applicable, are thorough and accurate, and meet all requirements of this title, and that the monitoring program and contingency plan are tied to an acceptable financial guarantee as set forth in EMC 14.10.080 to assure that the requirements will be followed.

3. Time Limitations.

a. General. Delineation reports and mitigation plans that have not been accepted by the city for a project are valid for a period of four years unless a longer period is approved by the department.

b. Extensions. A one-year extension may be approved by the department upon written request for such extension of that delineation report or mitigation plan.

C. Single-Family Dwelling Wetland Review. Two alternative review procedures exist for construction of a single-family dwelling and regulated activities accessory to a single-family dwelling (see EMC 14.30.080(C), Figure 14.30-3). Both review procedures require the completion of a site evaluation as follows:

1. Wetland Certification Process for Single-Family Dwellings (No Encroachment into a Regulated Wetland or Its Standard Buffer).

a. Prior to issuance of a building permit, site development permit, or on-site sewage system permit, the applicant shall submit a single-family wetland certification form completed by a wetland specialist that certifies either:

i. No regulated wetlands are present within 165 feet of the project area; or

ii. Wetlands are present within 165 feet of the project area, but all regulated activities associated with the dwelling (i.e., landscaped areas, septic facilities, outbuildings, etc.) will occur outside of the standard buffer of the identified wetland.

b. If regulated wetland buffers extend onto the site, the wetland specialist shall place permanent, clearly visible, wetland buffer signs at the edge of the buffer. A wetland buffer sign affidavit, signed by the wetland specialist, shall be submitted to the department as verification that the wetland buffer signs have been placed on the site.

c. A survey as outlined in EMC 14.10.080(H) will not be required.

d. The single-family certification form may be used only to authorize single-family dwellings and associated homesite features such as driveways, gardens, fences, wells, lawns, and on-site septic systems. It may not be used for new agricultural activities, expansion of existing agricultural activities, forest practice activities, commercial projects, land divisions, buffer width modifications (as set forth in EMC 14.30.060), or violations.

e. The single-family certification process will be monitored by the department for accuracy, and enforcement actions will be initiated should encroachment into a regulated wetland or buffer occur.

f. The applicant/property owner assumes responsibility for any and all errors of the single-family certification form and all associated mitigation imposed by the department.

g. Single-family certification forms shall be filed with the Pierce County auditor's office in accordance with EMC 14.10.070(F) and 14.10.110(B).

2. Single-Family Wetland Application Process (Encroachment into the Standard Buffer of a Regulated Wetland).

a. A wetland application and wetland delineation report shall be submitted to the department when the single-family dwelling and associated homesite features are located within the standard buffer of a regulated wetland.

b. The applicant may retain either a wetland specialist or department staff to delineate the limits of a regulated wetland and determine the impacts associated with the project, subject to the following:

i. A wetland delineation report, as defined in subsection (C)(3) of this section, shall be submitted to the department for review; or

ii. Upon the applicant's request and payment of fees, the department shall delineate the regulated wetland(s).

c. If the department determines that mitigation is necessary to offset the identified impacts, the applicant shall comply with the mitigation requirements set forth in EMC 14.30.050.

d. The applicant shall place permanent, clearly visible, wetland boundary buffer signs at the edge of the buffer.

e. A survey as defined in EMC 14.10.080(H) will not be required.

3. Wetland Delineation Report. The wetland delineation report shall include data sheets; scaled site maps showing the project boundary, wetland boundary, categorization of the wetland and standard buffer boundary, boundary flag location and sample plot location and designation; a vicinity map with driving instructions; and any other field data and information necessary for the department to confirm wetland presence, location, and category.

D. Agricultural Activity Wetland Review. A wetland application and wetland delineation report shall be submitted to the department when the site evaluation indicates that a regulated wetland or its standard buffer extends into a site proposed for an agricultural activity.

1. The applicant may either retain a wetland specialist or department staff to delineate the limits of a regulated wetland and determine the impacts associated with the project area, subject to the following:

a. A wetland delineation report, as defined in subsection (C)(3) of this section, shall be submitted to the department for review; or

b. Upon the applicant's request and payment of fees, the department shall delineate the regulated wetland(s).

2. If the department determines that mitigation is necessary to offset the identified impacts, the applicant shall comply with the mitigation requirements set forth in EMC 14.30.050.

3. The applicant shall place permanent, clearly visible, wetland boundary buffer signs at the edge of the buffer.

4. A survey as defined in EMC 14.10.080(H) will not be required.

5. Agricultural activities may be initiated subject to compliance with the requirements set forth in subsections (D)(1) through (4) of this section and the submittal of a best management plan developed by the Pierce County Conservation District or Natural Resource Conservation Service (NRCS).

E. Forest Practice Wetland Review.

1. All forest practice activities that are not exempt from the provision of this title shall be reviewed pursuant to the criteria set forth in subsection (B) of this section, General Wetland Review, except for conversion option harvest plan (COHP).

2. An abbreviated wetland review process may be used for COHPs as follows:

a. If a regulated wetland or its standard buffer extends onto the site, the department shall require the submittal of a wetland application and delineation report. At a minimum the report shall include:

i. A detailed description of all wetlands on, or within, 165 feet of the site, including the wetland(s) approximate size, vegetation, categorization, and hydrology source(s).

ii. Sample data sheets for each wetland.

iii. An accurate map delineating the boundaries of the wetland(s) and standard buffer(s) in relation to the boundaries of the site.

b. The wetland delineation report shall be prepared, signed, and dated by a wetland specialist.

c. The accuracy of the wetland delineation, flagging, and categorization shall be field verified by the department.

d. A survey as defined in EMC 14.10.080(H) will not be required.

3. Where an application for a development permit, other than a site development permit, has not been submitted in association with a proposed forest practice activity a deviation, from the standard wetland buffer, as set forth in EMC 14.30.060(A), shall not be allowed. (Ord. 02-200 § 2).

14.30.040 Wetland standards.

A. Regulated activities in wetlands and/or buffers may be allowed when the applicant demonstrates to the department that all adverse impacts to wetlands or associated buffers will be mitigated according to EMC 14.30.050.

B. The following activities may be allowed in a buffer without a complete mitigation plan if the applicant demonstrates to the department that all adverse impacts to wetlands will be mitigated according to the provisions in EMC 14.30.050. In cases that require environmental review, a threshold environmental determination may not be made until the department is satisfied that adequate mitigation will occur. The allowed activities are as follows:

1. One well and necessary appurtenances, including a pump and appropriately sized pump house, but not including a water storage tank (unless the water storage tank can be contained within the pump house), subject to the following conditions:

a. The pump house is a one-story building with a ground area of less than 120 square feet; and

b. The well is more than 75 feet deep; and

c. For Category I and II wetlands, the minimum distance from the well and appurtenances to the wetland edge is no less than 50 percent of the buffer widths established in the table in EMC 14.30.060(A); and

d. Access to the well and pump house shall be by a pervious trail for pedestrian traffic only or, if necessary, by an unimproved access for a maintenance vehicle.

2. Pervious trails and associated viewing platforms.

3. The placement of utility lines which do not require excavation or utility pole installation in any part of a buffer for a Category II, III, or IV wetland. They may be placed in a buffer for a Category I wetland; provided, that the minimum distance from the wetland edge is no less than 50 percent of the Category I buffer width established in the table in EMC 14.30.060(A).

4. New farm and agricultural activities may be permitted within a buffer subject to the following:

a. Agricultural activities and structures shall comply with the provisions of Chapter 14.70 EMC, Flood Hazard Areas.

b. The agricultural activity is in compliance with the USDA, NRCS Conservation Reserve Program farm management standards.

c. A copy of an approved NRCS or Pierce County Conservation District farm management plan that documents compliance with the USDA, NRCS Conservation Reserve Program farm management standards has been submitted to the department for review and approval.

C. Trimming of vegetation for purposes of providing view corridors will be allowed; provided, that trimming shall be limited to view corridors of a maximum 20-foot width and that benefit to fish and wildlife habitat are not reduced. Trimming shall be limited to hand pruning of branches and vegetation. Trimming shall not include felling, topping, or removal of trees. (Ord. 02-200 § 2).

14.30.050 Mitigation requirements.

A. Mitigation. All regulated development activities in wetlands or buffers shall be mitigated according to this title subject to the following criteria:

1. Avoiding the impact altogether by not taking a certain action or parts of actions;

2. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by using appropriate technology or by taking affirmative steps to reduce impacts;

3. The following types of mitigation (no order of preference):

a. Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

b. Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

c. Compensating for the impact by replacing or providing substitute resources or environments;

4. Monitoring the impact and compensation and taking appropriate corrective measures; and

5. Mitigation for individual actions may include a combination of the above measures.

B. Mitigation for Regulated Activities in Wetland Buffers. Noncompensatory mitigation shall be required for all regulated activities in buffers. Specific mitigation plan requirements are provided in EMC 14.30.070, Appendix C. Where environmental review is required, a threshold determination may not be made until the department has reviewed and approved the noncompensatory mitigation plan.

C. Mitigation for Regulated Activities in Wetlands. Compensatory mitigation shall be required for regulated activities that result in the loss of wetland acreage. Noncompensatory mitigation shall be required for regulated activities that do not result in the loss of wetland acreage. Specific mitigation plan requirements are provided in EMC 14.30.070, Appendices D and E.

1. The compensatory mitigation plan shall be completed in two phases, a conceptual phase and a detailed phase.

a. Conceptual Phase. The applicant shall submit a conceptual mitigation plan for compensatory mitigation to the department. Where environmental review is required, the department shall not make a threshold determination prior to department review and approval of the conceptual mitigation plan. See EMC 14.30.070, Appendix D, for specific requirements of the conceptual mitigation plan.

b. Detailed Phase. Following the department's approval of the conceptual mitigation plan, the applicant shall submit a detailed mitigation plan for compensatory mitigation to the department. See EMC 14.30.070, Appendix E, for specific requirements of the detailed mitigation plan.

2. The detailed mitigation plan shall be prepared, signed, and dated by the wetland specialist to indicate that the plan is in accordance with specifications determined by the wetland specialist. A signed original mitigation plan shall be submitted to the department.

3. Approval of the detailed mitigation plan shall be signified by a notarized memorandum of agreement signed by the applicant and director, and recorded with the Pierce County auditor. The agreement shall refer to all requirements for the mitigation project.

4. The mitigation project shall be completed according to a schedule agreed upon between the department and the applicant.

5. Wetland mitigation shall occur according to the approved wetland mitigation plan and shall be consistent with provisions of this chapter and title.

6. The wetland specialist shall be on-site during construction and plant installation phases of all mitigation projects.

7. On completion of construction for the wetland mitigation project, the wetland specialist shall submit an as-built report to the department for review and approval.

D. Mitigation Banking. (Reserved). (Ord. 02-200 § 2).

14.30.060 Buffer requirements.

A. Determining Buffer Widths. Buffer widths shall be measured horizontally from the perpendicular line established at the wetland edge based on the following table:


Wetland Category	Standard Buffer Width
I	150 feet
II	100 feet
III	50 feet
IV	25 feet

B. Modification of Buffer Widths. The standard buffer widths of subsection (A) of this section may be modified by averaging, reducing, or increasing.

1. Buffer Averaging. Buffer width averaging may be allowed only where the applicant demonstrates all of the following:

a. Buffer encroachment is unavoidable.

b. A habitat assessment has been submitted which demonstrates that no documented habitat for endangered, threatened, or sensitive plant, fish, or animal species, or for potentially extirpated plant species recognized by state or federal agencies exists; or

c. For wetlands and/or required buffers associated with documented habitat for endangered, threatened, or sensitive plant, fish, or wildlife species, or for potentially extirpated plant species recognized by state or federal agencies, a habitat assessment report has been submitted that demonstrates that the buffer reduction will not result in an adverse impact to the species of study.

d. The wetland contains variations in sensitivity due to existing physical characteristics.

e. Width averaging will not adversely impact the wetland or critical fish or wildlife habitat.

f. The total buffer area after averaging is no less than the buffer area prior to averaging (see EMC 14.30.080(D), Figure 14.30-4).

g. The minimum buffer width will not be less than 50 percent of the widths established in subsection (A) of this section.

h. The averaging is accomplished within the project boundaries.

2. Buffer Width Reductions. Buffer width reduction to a maximum of 25 percent may be allowed when the applicant demonstrates the following circumstances:

a. Buffer encroachment is unavoidable; and

c. A habitat assessment report has been submitted that demonstrates that the buffer reduction will not result in an adverse impact to the species of study for wetlands and/or required buffers associated with documented habitat for endangered, threatened, or sensitive plant, fish or wildlife species or for potentially extirpated plant species recognized by state or federal agencies; and

d. The applicant demonstrates one or more of the following conditions:

i. The proposed buffer area is extensively vegetated, has less than 20 percent slopes, and the reduction will not result in adverse impacts to the wetland; or

ii. The project includes a buffer enhancement plan as part of the mitigation required by EMC 14.30.050. The buffer enhancement plan shall use plant species which are native, noninvasive to the project area and shall substantiate that an enhanced buffer will improve the functional attributes of the buffer to provide additional protection for wetland functional values; or

iii. The acreage included in the buffer would substantially exceed the size of the wetland and the reduction will not result in adverse impacts to the wetland.

3. Buffer Increases. The department may require increased buffer width(s) when any of the following are identified:

a. A larger buffer is necessary to maintain viable populations of existing species;

b. The wetland is used by, or associated with, species listed by the federal government or the state as endangered, threatened, sensitive, or as documented priority species or habitats, or essential or outstanding potential sites such as heron rookeries or raptor nesting areas;

c. The adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse wetland impacts;

d. The adjacent land has minimal vegetative cover, or slopes greater than 20 percent. (Ord. 02-200 § 2).

14.30.070 Appendices.

A. Wetland Categories.

B. Information to Be Included in a Wetland Analysis Report.

C. Mitigation Plan for Regulated Activities in Buffers.

D. Compensatory Mitigation Plan for Regulated Activities in Wetlands, Conceptual Phase.

E. Compensatory Mitigation Plan for Regulated Activities in Wetlands, Detailed Phase.

F. Edgewood Wetlands Rating Form.

APPENDIX A

WETLAND CATEGORIES

Wetland categories shall be designated according to the following generalized criteria:

A. Category I. Wetlands that contain any of the following:

1. Documented habitat for endangered or threatened plant, fish, or animal species or for potentially extirpated plant species recognized by state or federal agencies;

2. Wetlands associated with documented habitat for endangered, threatened, sensitive plant, fish, or animal species or for potentially extirpated plant species recognized by state or federal agencies;

3. High quality native wetland communities, including documented natural heritage wetland sites and sites which qualify as a natural heritage wetland;

4. High quality, regionally rare wetland communities with irreplaceable ecological functions, including sphagnum bogs and fens, estuarine wetlands, mature forested wetlands, or snag-rich areas;

5. Wetlands of exceptional local significance, as designated by separate Edgewood ordinance.

B. Category II. Regulated wetlands that do not contain features outlined in Category I with any of the following:

1. Documented habitats for sensitive plants or fish species recognized by federal or state agencies;

2. Documented priority habitats and species recognized by state agencies;

3. Regionally rare wetland communities which are not high quality, but which have irreplaceable ecological functions, including sphagnum bogs and fens, estuarine wetlands, or mature forested wetlands;

4. Wetland types with significant functions which may not be adequately replicated through creation or restoration. These wetlands may be demonstrated by any of the following characteristics:

a. Peat or muck systems;

b. Forested wetlands that have three canopy layers; or

c. Significant spring fed systems;

5. Wetlands with significant habitat value based on diversity and size including wetlands:

a. Ten acres or greater in size with two or more wetland classes together with an open water class at any time during a normal year;

b. Ten acres or greater in size, with three or more wetland classes and five or more subclasses of vegetation in a dispersed pattern;

c. Five acres or greater in size, with 40 to 60 percent open water at any time during a normal year, and two or more subclasses of vegetation in a dispersed pattern;

6. Regulated wetlands that are associated with either year-round or intermittent salmonid fishbearing waters;

7. Wetlands with significant use by fish and wildlife.

C. Category III. Regulated wetlands that do not contain features outlined in Category I, II, or IV wetlands that are not part of a mosaic wetland.

D. Category IV. Regulated wetlands that do not meet the criteria of a Category I, II, or III wetland that are:

1. Hydrologically isolated;

2. Less than or equal to one acre in size;

3. Have only one wetland class and one dominant plant species (i.e., displaying monotypic vegetation); and

4. Not part of a mosaic wetland.

E. The category of a wetland shall not be changed to recognize illegal modifications to the wetland.

APPENDIX B

INFORMATION TO BE INCLUDED IN A WETLAND ANALYSIS REPORT

A wetland analysis report shall include the following:

A. Vicinity map and detailed driving instructions to the site;

B. A site map setting forth all of the following:

1. Surveyed wetland boundaries based upon a delineation by a wetlands specialist;

2. Wetlands and buffers off-site, within 165 feet of the site boundaries, are also to be discussed and shown in as much detail as possible;

3. Site boundary property lines and roads;

4. A north arrow and scale;

5. Internal property lines, rights-of-way, easements, etc.;

6. Existing physical features of the site including buildings, fences, and other structures, roads, parking lots, utilities, water bodies, etc.;

7. Contours at the smallest readily available intervals, preferably at two-foot intervals;

8. Hydrologic mapping showing patterns of surface water movement and known subsurface water movement into, through, and out of the site area; and

9. Location of all test holes and vegetation sample sites, and wetland boundary flags numbered to correspond with flagging in the field and field data sheets;

C. A report which includes the following:

1. Location information (legal description, parcel number, and address);

2. Delineation analysis results. The wetland boundaries on the site established by the delineation shall be staked and flagged in the field. If the wetland extends outside the site, the delineation report shall discuss all wetland areas within 150 feet of the site, but need only delineate those wetland boundaries within the site;

3. General site conditions including topography, acreage, and surface areas of all wetlands identified in the city's wetland atlas and water bodies within one-quarter mile of the subject wetland(s);

4. Hydrological analysis, including topography of existing surface and known significant sub-surface flows into and out of the subject wetland(s); and

5. Discussion of the values of existing wetlands, including vegetative, faunal, and hydrologic conditions and the presence of threatened, endangered, candidate, sensitive or monitor species;

D. A summary of the proposed activity and potential direct or indirect impacts to the wetland(s) including stormwater-related impacts to wetland hydrology;

E. Recommended wetland category, including rationale for the recommendation;

F. Recommended buffer boundaries, including rationale for boundary locations;

G. Proposed on-site residential density transfer from wetlands and/or buffers to upland areas;

H. Site plan of proposed activity, including location of all parcels, tracts, easements, roads, structures, and other modifications to the existing site. The location of all wetlands and buffers shall be identified on the site plan;

I. The wetland analysis report shall be signed and dated by the wetlands specialist.

APPENDIX C

MITIGATION PLAN FOR REGULATED ACTIVITIES IN BUFFERS

A. A mitigation plan for regulated activities in buffers shall be prepared, signed, and dated by a wetlands specialist and shall contain the following:

1. General goals of the mitigation plan including a discussion of the function and values of impact and enhancement areas;

2. Approximated site topography before and after alteration;

3. Location of proposed mitigation area (include a north arrow and scale);

4. General hydrologic patterns on the site before and after construction;

5. General plant selection and justification, planting instructions, and approximate planting sequencing and schedule;

6. A maintenance plan;

7. A monitoring and contingency plan. Monitoring is to occur for a minimum of five years;

8. Estimated costs for the installation, maintenance, and monitoring phases of the project. Separate estimates shall be prepared for the installation phase and monitoring and maintenance phase of the project; and

9. Address and phone number of person(s) or organization(s) responsible for the monitoring requirements.

B. Upon department review and approval of this plan, it shall become the detailed plan.

C. Where environmental review is required, a threshold determination may not be made prior to submittal of a plan which meets department approval.

APPENDIX D

COMPENSATORY MITIGATION PLAN FOR REGULATED ACTIVITIES IN WETLANDS – CONCEPTUAL PHASE

A. The conceptual phase of a mitigation plan for regulated activities in wetlands shall be prepared, signed, and dated by a wetland specialist and shall include the following:

1. General goals of the compensatory mitigation plan, including an overall goal of no net loss of wetland function, value, and acreage;

2. Mitigation projects that involve Category I wetlands associated with documented habitat for endangered or threatened plant, fish, or animal species or for potentially extirpated plant species recognized by state or federal agencies must also demonstrate a net benefit to the conservation of the affected species;

3. Site topography before and after construction;

4. Location of proposed wetland mitigation area;

5. General hydrologic patterns on the site before and after construction;

6. Field data confirming the presence of adequate hydrology to support the existing and created wetland area(s). At a minimum, the following information shall be included:

a. Seasonal (growing season) water level;

b. Sources of water (if the water source is adjacent to a stream or river then no instream structures will be allowed that restrict fish migration or access);

c. Pre- and post-development inflow and outflow volumes and velocity and frequency of flooding;

d. Groundwater and surface water table. (Guidelines for Developing Freshwater Wetlands Mitigation Plans and Proposals 1994, COE, EPA, DOE, USFWS, and WDFW);

7. Nature of mitigation, including wetland types (in-kind and out-of-kind), general plant selection and justification, approximate project sequencing and schedule, and approximate size of the new wetland buffer. A discussion of the function and values of both the impact and creation areas is also to be provided;

8. A conceptual maintenance plan; and

9. Conceptual monitoring and contingency plan.

B. Once the department approves the conceptual mitigation plan, a detailed mitigation plan shall be submitted. Due to the complex nature of creating and restoring wetlands, very detailed plans are needed (see EMC 14.30.070, Appendix E, for further information on detailed mitigation plans).

APPENDIX E

COMPENSATORY MITIGATION PLAN FOR REGULATED ACTIVITIES IN WETLANDS – DETAILED PHASE

Article I. Outline of Detailed Mitigation Plan

A. The detailed mitigation plan shall contain the following:

1. Site specific, quantifiable criteria for evaluating whether or not the goals for the proposed compensation are being met. Such criteria shall include the establishment of viable plant communities, hydric soil formation, and establishment of wetland hydrology, and may include water quality standards, species abundance and diversity targets, habitat diversity indices, or other ecological, geological, or hydrological criteria (see Article III of this appendix for specific performance standards).

2. Pre-development analysis of the proposed compensation area including:

a. Existing vegetation community analysis;

b. Hydrological analysis that demonstrates the project will not adversely impact existing wetland and buffer areas and ensures adequate hydrology for any created wetland areas (see Article V for specific requirements);

c. On-site soils analysis data and, where appropriate, Natural Resources Conservation Service mapping;

d. Detailed description of flora and fauna existing on the site; and

e. Description of existing site conditions in relation to historic conditions for those sites which have been recently altered or degraded.

3. Proposed post-development conditions within existing wetland and buffer areas and mitigation areas, including:

a. Relationship of the project to the watershed and existing water bodies;

b. Topography, using one-foot contour intervals;

c. Hydrologic analysis (see Article V of this appendix for specific requirements);

d. Grading, filling, and excavation, including a description of imported soils;

e. Irrigation requirements;

f. Erosion control measures during construction; and

g. Aerial coverage of planted areas to open water areas (if any open water is to be present).

4. Detailed site diagrams, to-scale construction drawings with cross-section data, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or anticipated final outcome. The plan shall provide for elevations which are appropriate for the desired habitat type(s). The construction drawings must include a note that requires the contractor to refer to the approved mitigation plan.

5. Planting plan prepared by a wetland specialist that shall include the following:

a. Soils and substrate characteristics;

b. Specification of substrate stockpiling techniques;

c. Planting instructions, including species, stock type and size, density or spacing of plants, and water and nutrient requirements; and

d. Specification of where plant materials will be procured. Documentation shall be provided which guarantees plant materials are to be procured from licensed regional nurseries or from wetlands on-site which are part of the mitigation plan.

6. Schedule showing dates for beginning and completing the mitigation project, including a sequence of construction activities.

7. Monitoring and maintenance plan which includes the following:

a. Specification of procedures for monitoring and site maintenance; and

b. Schedule for submitting monitoring reports.

8. Detailed contingency plan, consistent with Article IV of this appendix.

9. Detailed budget for implementing the mitigation plan, including construction, monitoring, maintenance, and contingency phases.

10. Financial guarantee for the work to be performed as planned and approved. Separate guarantee estimates shall be prepared for the installation phase and monitoring and maintenance phase of the project.

11. Address and phone number of the person or organization responsible for monitoring requirements.

Article II. Location Criteria

In cases in which it is determined that compensatory mitigation is appropriate, the following shall apply:

A. Compensatory mitigation shall be provided on-site, except where the applicant demonstrates that on-site mitigation is not scientifically feasible or practical due to physical features of the site.

B. When compensatory mitigation cannot be provided on-site, it shall be provided in the immediate vicinity of and within the same watershed as the regulated activity.

Article III. Mitigation Performance Standards

A. When regulated activities occur in wetlands, the applicant shall restore, create, or enhance equivalent areas of wetlands. Equivalent areas shall be determined according to acreage, functional value, type, location, time factors, and projected success. No overall net losses shall occur in wetland acreage, functions and/or values, and any restored, created, or enhanced wetland shall be as persistent as the wetland it replaces.

B. When an applicant proposes to alter or eliminate wetland, the applicant shall replace acreage at the following ratios:


Category I:		3:1 (acreage replacement: acreage lost)
Category II and III:
	Forested Class:	2:1
	Scrub/Shrub Class:	1.5:1
	Emergent Class:	1.5:1
	Open Water:	1:1
Category IV:		1:1

C. Ratios provided are for proposed projects with on-site, in-kind replacement which occurs prior to regulated activities on the site. The department may increase the ratios under the following circumstances:

1. Uncertainty as to the probable success of the proposed restoration or creation; or

2. Significant period of time between destruction and replication of wetland functions; or

3. Projected losses in wetland functions and value; or

4. Off-site and/or out-of-kind compensation.

D. The department may allow enhancement of existing or created wetland area(s) as a means of reducing the standard acreage replacement ratio if the applicant demonstrates that no net loss of wetland function or value will result; provided, that:

1. Enhancement mitigation ratios shall be no less than twice the standard creation ratio of the impacted wetland.

2. The applicant may be required to complete an analysis of the impact and mitigation areas in support of the acreage replacement ratio reduction. An example of an acceptable analysis methodology is the Washington State Department of Ecology Wetland Function Assessment Methodology (Ecology Publication # 99-116); however, other methodologies may be proposed.

3. The county will not allow the acreage replacement ratio to be reduced to less than 1:1 except as described in subsection (E) of Article III of this appendix.

E. In the case of Category II, III, and IV wetlands, the replacement ratio may be decreased to a ratio of less than 1:1 if, following a public hearing, the hearing examiner determines the following:

1. A replacement ratio of greater than 1:1 is either not feasible on-site or would be likely to result in substantial degradation of other natural features; and

2. The mitigation plan shows that a net increase in wetland functional values will result from the mitigation; and

3. The mitigation is completed, and then monitored by the department for one year prior to the issuance of permits. If after one year of monitoring, the department is not satisfied that the anticipated final outcome of the mitigation plan will be met, modifications to the mitigation plan and further monitoring may be required. When the department is satisfied that the mitigation will be successful, permits pending will be issued.

F. In-kind compensation shall be provided except where the applicant demonstrates that:

1. Greater functional and habitat values can be achieved through out-of-kind mitigation; and

2. The wetland system is already significantly degraded; or

3. Problems such as the presence of exotic vegetation and changes in watershed hydrology make implementation of in-kind compensation infeasible; or

4. Out-of-kind replacement will best meet identified regional goals (e.g., replacement of historically diminished wetland types).

G. Design requirements for the mitigation plan shall, at a minimum, include the following:

1. Use only indigenous native plants (not introduced or exotic species);

2. Use plants appropriate to the depth of water at which they will be planted;

3. Use plants that originate and are available from local sources;

4. Use plant species high in food and cover value for fish and wildlife;

5. Plant mostly perennial species;

6. Avoid committing significant areas of site to species that have questionable potential for successful establishment;

7. Water depth is not to exceed 6.5 feet (two meters);

8. The grade or slope that water flows through the wetland is not to exceed six percent;

9. Slopes within the wetland and buffer should not be steeper than 3:1 (horizontal to vertical);

10. Planting densities and placement of plants shall be shown on the design plans;

11. The wetland should not contain more than 60 percent open water as measured at the seasonal high water mark;

12. Stockpiling shall be confined to upland areas and contract specifications should limit stockpile duration to less than four weeks. Erosion control measures shall be in effect at the stockpiling location;

13. Planting instructions shall describe proper placement, diversity, and spacing of seeds, tubers, bulbs, rhizomes, sprigs, plugs, cuttings, and transplanted stock;

14. Apply controlled release fertilizer at the time of planting and afterward only as plant conditions warrant (determined during the monitoring process), and only to the extent that the release would be conducted in an environmentally sound manner;

15. Install an irrigation system, as necessary, until plants are established.

H. Mitigation projects are unique and performance standards will differ based upon the goals and objectives of the project. However, performance standards pertaining to water regime, vegetative structure and establishment, and hydric soil formation are to be established for all mitigation projects, as defined below:

1. The mitigation wetland must meet the technical criteria for wetland hydrology, seasonal inundation, and/or saturation to the surface for a consecutive number of days greater than or equal to 12.5 percent of the growing season. Areas that are seasonally inundated and/or saturated to the surface for a consecutive number of days between five percent and 12.5 percent of the growing season may also be wetlands. Hydrology may be monitored through the use of one or a combination of the following: groundwater wells, piezometers, crest gauges, hand-dug soil pits, staff gauges, and continuous recording flow meters.

2. At a minimum, vegetative success equals the establishment of a multi-species, mixed canopy community comprised of emergent, scrub-shrub, and tree species. Yearly standards pertaining to survival and aerial coverage shall also be established for each vegetative stratum.

3. Hydric soil characteristics shall be monitored through the use of one or a combination of the following: Munsell soil color, pH, particle size, redox potential, organic content, microbial activity, time and duration of saturation or ponding, and alkalinity.

Article IV. Monitoring Program and Contingency Plan

A. A contingency plan shall be established for compensation in the event the mitigation project is inadequate or fails. The contingency plan is to provide specific corrective measures for such common mitigation plan failings as plant mortality, vandalism, damage due to wildlife grazing, grading errors, and hydro-regime problems. A financial guarantee on a form acceptable to the city is required for the duration of the monitoring period and the guarantee plus any accrued interest will be released by the city when the required mitigation and monitoring are completed. To determine the amount of the financial guarantee, an estimate shall be submitted to the city detailing the work to be accomplished and the cost thereof. The estimate shall be based on current costs. The city will review the estimate and, if acceptable, will establish the financial guarantee at 125 percent of the estimate to allow for inflation and administration expenses should the city have to complete the project.

B. Requirements of the monitoring program are as follows:

1. Scientific procedures are to be used for establishing the success or failure of the project.

2. Monitoring reports prepared by a wetland specialist are to be submitted for department review. Monitoring reports shall include discussions of wildlife utilization of the site, vegetation establishment, water quality, water flow, stormwater storage and conveyance, and existing or potential degradation, according to the following schedule:

a. At completion of construction of mitigation project (as-built report);

b. Thirty days after completion;

c. Early in the first growing season after construction;

d. End of the first growing season after construction;

e. Twice the second year; and

f. Annually after the second year.

3. Monitor for a period of time appropriate to the nature of the project (single-family versus commercial) and the complexity of the mitigation project. The majority of monitoring programs will last a minimum of five years.

4. The city will require a right of entry form be recorded that allows city staff access to the mitigation area through completion of the monitoring program.

5. Correct for failures in the mitigation project.

6. Replace dead or undesirable vegetation with appropriate plantings.

7. Repair damages caused by erosion, settling, or other geomorphological processes.

8. If necessary, redesign mitigation project and implement the new design.

9. Correction procedures shall be approved by a wetland specialist and the department director or designee.

Article V. Hydrology Monitoring Guidelines

A. Applicants are required to ensure that the proposed development does not result in adverse impacts to regulated wetland and/or buffers. To achieve this, an applicant must provide detailed hydrologic calculations, completed by a licensed civil engineer or hydrologist which shows the project will either:

1. Match the predevelopment contributing basin flow quantities and durations; or

2. That any identified changes will not adversely impact the wetland or wetland buffer.

B. The existing hydroperiod of the on-site wetland(s) shall be established through direct monitoring or computer estimation. Monitoring may be accomplished by the use of a continuous recording level gauge or a combination of a crest stage and staff gauge. Computer estimation may be either a time series model (for Category I and II wetlands) or a single-event model (for Category III and IV wetlands).

C. Additional guidance in the design of a project's stormwater plan can be found in the Puget Sound Wetlands and Stormwater Management Research Program and in the “Wetland Hydrology Management Guidelines” included as Appendix A of the document entitled “Sensitive Areas Mitigation Guidelines” prepared by King County department of development and environmental services.

APPENDIX F

EDGEWOOD WETLANDS RATING FORM*

OFFICE DATA SECTION


Background Information: Name of Rater: _____________________________ Affiliation: __________________ Date: ____________ Application No./Case No.: ________________ Project Name: _____________________________________ Project Location: ___________________________________________ Parcel No.(s): __________________ Property Owner Name: ___________________________________________________________________ Property Owner Address:__________________________________________________________________ Location: ___ ¼ Section of ___ ¼ Section, of Section ___, Township ___, Range ____, W.M., Edgewood, WA SOURCE OF INFORMATION: (Check all sources that apply.) Site Visit: ______ USGS Topo Map: _____ NWI Map: _____ Aerial Photo: _____ Soil Survey: _____ Edgewood Inventory: _____ Edgewood Drainage Map: ______ Other: ______________________________ When the Office and/or Field Data Forms are completed enter category here: ______________________
ANSWER ALL QUESTIONS BELOW. If the source agency identifies the wetland as satisfying any of the questions below, circle the category in “CATEGORY” column.	DATA SOURCE	CATEGORY (the highest qualifies)
Does the wetland contain federal- or state-listed threatened or endangered plant species; or, is the wetland a historic location of a plant species potentially extirpated from Washington?	DNR (Natural Heritage) U.S. Fish & Wildlife Service	Yes: Category I No: Next Question
Is the wetland associated with documented habitat for endangered or threatened plant, fish, or animal species or for potentially extirpated plant species recognized by state or federal agencies?	Wash. Dept. of Wildlife Wash. Dept. of Fisheries U.S. Fish & Wildlife Service	Yes: Category I No: Next Question
Is the wetland already on record with the Washington Natural Heritage Program as a high quality native wetland?	DNR (Natural Heritage)	Yes: Category I No: Next Question
Is the wetland documented as a Category I Wetland of Local Significance? (None currently designated.)	Local Government	Yes: Category I No: Next Question
Does the wetland contain sensitive plant species recognized by federal or state agencies?	DNR (Natural Heritage) U.S. Fish & Wildlife Service	Yes: Category II No: Next Question
Does the wetland contain documented habitats of sensitive fish species recognized by federal or state agencies?	Wash. Dept. of Wildlife Wash. Dept. of Fisheries U.S. Fish & Wildlife Service	Yes: Category II No: Next Question
Does the wetland contain priority species or habitats documented by Washington Department of Wildlife's Priority Habitats and Species Program?	Wash. Dept. of Wildlife	Yes: Category II No: Next Question
Is the wetland documented as a Category II Wetland of Local Significance? (None currently designated.)	Local Government	Yes: Category II No: Go to Wetlands Rating Field Data Form
Is the wetland documented as a Category III Wetland of Local Significance? (None currently designated.)	Local Government	Yes: Category III No: Go to Wetlands Rating Field Data Form

*Adapted from Washington State Wetlands Rating System for Western Washington, Second Edition, August 1993 (publ. #93-74), developed by the Washington State Department of Ecology.

EDGEWOOD WETLANDS RATING FORM

FIELD DATA SECTION


Background Information: Name of Rater: __________________________ Affiliation: _______________________ Date of Field Visit: ________ Application No./Case No.: ________________ Project Name: _____________________________________________ Project Location: _____________________________________________________ Parcel No.: __________________ Property Owner Name: ___________________________________________________________________ Property Owner Address:__________________________________________________________________ Location: ___ ¼ Section of ___ ¼ Section, of Section _____, Township ____, Range ____, W.M., Edgewood, WA SOURCE OF INFORMATION: (Check all sources that apply). Site Visit: ______ USGS Topo Map: _____ NWI Map: _____ Aerial Photo: _____ Soil Survey: _____ Edgewood Inventory: _____ Edgewood Drainage Map: ______ Other: _________________________________
WHEN THE FIELD DATA FORM IS COMPLETE ENTER CATEGORY HERE: _________________________
Q.1. High Quality Natural Heritage Wetland			Circle Answers
Answer this question if you have adequate information or experience to do so. If not, find someone with the expertise to answer the questions. Then, if the answer to questions 1a, 1b, and 1c are all NO, contact the Natural Heritage Program of DNR to determine if it qualifies as a Natural Heritage wetland.
1a. Human-Caused Disturbances
Is there significant evidence of human-caused changes to topography or hydrology of the wetland? Significant changes could include clearing, grading, filling, logging of the wetland or its immediate buffer, culverting, ditching, dredging, diking, or drainage of the wetland. Briefly describe the changes, their date of occurrence, and your information source(s): _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________			Yes: Go to Q.3. No: Go to 1b.
1b. Are there populations of nonnative plants which are currently present and appear to be invading native populations? Briefly describe any nonnative plant populations and information source(s): _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________			Yes: Go to Q.3. No: Go to 1c.
1c. Is there significant evidence of human-caused disturbance of the water quality of the system? Degradation of water quality could be evidenced by culverts entering the system, direct road/parking lot runoff, evidence of historic dumping of wastes, oily sheens, extreme eutrophic conditions, livestock use, or dead fish, etc. Briefly describe: _______________________________________________________________________________ _______________________________________________________________________________ _______________________________________________________________________________			Yes: Go to Q.3 No: Possible Category I.
Q.2. Regionally Rare Native Wetland Communities
Edgewood has not yet developed any methodology for identifying regionally rare native wetland communities.
Q.3. Irreplaceable Ecological Functions			No to all: go to Q.4.
Does the wetland:
• have at least ½ acre of contiguous peat wetland;			Yes: go to 3a.
• or, have a forested component > one acre in size;			Yes: go to 3b.
• or, have characteristics of an estuarine system;			Yes: go to 3c.
• or, have eel grass, floating or nonfloating kelp beds;			Yes: go to 3d.
• or, have spring fed hydrology?			Yes: go to 3e.
3a. Peat Wetlands
3a1. Does at least ½ acre of the contiguous peat wetland have < 25% areal cover of any combination of species from Table 1 in the List of Invasive/Exotic Species, and have < 80% areal cover of Spiraea douglasii?			Yes: Category I No: go to Q.4.
3b. Forested Wetlands
3b1. Is the forested wetland a monotypic stand of red alder or black cottonwood with an average dbh of less than 8 inches?			Yes: Category III No: go to 3b2.
3b2. Is the average age of dominant trees in the forested wetland > 80 years?			Yes: Category I No: go to 3b3.
3b3. Is the average age of dominant trees in the forested wetland 50 to 80 years, AND is the structural diversity high, as characterized by a multi-layer community of trees > 50 feet tall, trees 20 to 49 feet tall, shrubs, and herbaceous ground cover?			Yes: go to 3b4. No: go to 3b5.
3b4. Is > 50% (areal cover) of the dominant plants in one or more layers (canopy, young trees, shrubs, and herbs) invasive/exotic plant species from the Table 1 list?			Yes: Category II No: Category I
3b5. Does the forested wetland contain three canopy layers (trees over 20 feet tall, shrubs or saplings, and herbaceous ground covers)?			Yes: Category II No: go to Q.5.
3c. Estuarine Wetlands
3c1. Is the wetland listed as National Wildlife Refuge, National Park, National Estuary Reserve, Natural Area Preserve, State Park, or Educational, Environmental or Scientific Reserves designated under WAC 332-30-151?			Yes: Category I No: go to 3c2.
3c2. Is the wetland > 5 acres?			Yes: Category I
• or, is the wetland 1 to 5 acres;			Yes: go to 3c3.
• or, is the wetland < 1 acre?			Yes: go to 3c4.