Current through Register Vol. 24-18, September 15, 2024
The application shall include a report for wetlands prepared
by a qualified professional wetland scientist. For purposes of this section,
the term "project site" refers to the site for which site certification is
being requested, and the location of any associated facilities or their right
of way corridors if applicable. The report shall include, but not be limited
to, the following information:
(1) Assessment of existing wetlands present and their
quality. The assessment of the presence and quality of existing wetlands shall
include:
(a) A wetland delineation performed by a qualified
professional according to the Washington State Wetlands Delineation and
Identification Manual, 1997, and associated data sheets, site maps
with data plots and delineated wetlands areas, photographs, and topographic and
aerial site maps.
(b) A description of wetland categories found on the site
according to the Washington state wetland rating system found in
Western Washington, Ecology Publication #93-74 and
Eastern Washington, Ecology Publication 391-58, or as revised
by the department of ecology.
(c) A discussion of water sources supplying wetlands and
documentation of hydrologic regime encountered.
(d) A function assessment report prepared according to the
Washington State Wetland Function Assessment Method to assess
wetlands functions for those wetland types covered by the method, and including
a description of type and degree of wetland functions that are provided.
(2) Identification of energy facility impacts. The
application shall include a detailed discussion of temporary, permanent, direct
and indirect impacts on wetlands, their functions and values, and associated
water quality and hydrologic regime during construction, operation and
decommissioning of the energy facility. The discussion of impacts shall also
include impacts to wetlands due to proposed mitigation measures.
(3) Wetlands mitigation plan. The application shall include a
detailed discussion of mitigation measures, including avoidance, minimization
of impacts, and mitigation through compensation or preservation and restoration
of existing wetlands, proposed to compensate for the direct and indirect
impacts that have been identified. The mitigation plan shall be prepared
consistent with the Department of Ecology Guidelines for Developing
Freshwater Wetlands Mitigation Plans and Proposals, 1994, as revised.
The application shall also include, but not be limited to:
(a) A discussion of how standard buffer widths have been
incorporated into the mitigation proposal. Variances from standard buffer
widths must be supported with professional analyses demonstrating that smaller
or averaged buffer widths protect the wetland functions and values based on
site-specific characteristics;
(b) A demonstration of how enhancement, restoration or
compensatory mitigation actions will achieve equivalent or greater hydrologic
and biological functions at the impact site, and whether any existing wetland
functions would be reduced by the mitigation measures;
(c) A discussion of how standard mitigation ratios have been
incorporated into the mitigation proposal. Variances from standard mitigation
ratios must be supported with professional analyses demonstrating that
equivalent or greater hydrologic and biological functions will be
achieved;
(d) A demonstration that the mitigation actions are being
conducted in an appropriate location, and that consideration was given in order
of preference to: On-site opportunities; opportunities within the same subbasin
or watershed assessment unit; opportunities within the same Water Resources
Inventory Area (WRIA); opportunities in another WRIA;
(e) A discussion of the timing and schedule for
implementation of the mitigation plan;
(f) A discussion of ongoing management practices that will
protect wetlands, including proposed monitoring and maintenance
programs;
(g) Mitigation plans should give priority to proven
mitigation methods. Experimental mitigation techniques and mitigation banking
may be considered by the council on a case-by-case basis. Proposals for
experimental mitigation techniques and mitigation banking must be supported
with analyses demonstrating that compensation will meet or exceed requirements
giving consideration to the uncertainty of experimental techniques, and that
banking credits meet all applicable state requirements.
(4) Federal approvals. The application shall list any federal
approvals required for wetlands impacts and mitigation, status of such
approvals, and federal agency contacts responsible for
review.
04-23-003, recodified as §
463-60-333, filed 11/4/04,
effective 11/11/04. Statutory Authority:
RCW 80.50.040(1) and (12).
04-21-013, § 463-42-333, filed 10/11/04, effective
11/11/04.
