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<br />Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance <br />Kittitas County Shoreline Master Program Exhibit D | March 2016 | Page 260 of 339 <br /> <br />8. Pre-Qualification of consultants: The Administrator shall prepare and maintain a list of <br />qualified technical consultants and firms that meet the qualified professional standards <br />detailed in this Section. Any proposed consultant whose name is not on the list may submit <br />a statement of qualifications including information on experience in the preparation of critical <br />area studies. Upon approval of the submitted qualifications, the Administrator shall add the <br />name to the list of qualified consultants. The Administrator may reject data and findings <br />from non-pre-qualified consultants or require a third-party review, paid for by the applicant. <br />9. When there is a conflict between the findings of a critical areas study and the findings of the <br />Administrator in review of the study, the applicant or affected party may appeal such <br />decision of the Administrator pursuant to the procedures in KCC Chapter 15A.07. <br /> <br />17B.05.020D Mitigation – requirements for all critical areas. <br />1. Proponents of new shoreline use and development, including preferred uses and uses that <br />are exempt from permit requirements, shall employ all reasonable measures to mitigate <br />adverse impacts to critical areas and their buffers. Mitigation shall occur according to the <br />mitigation sequence defined in KCC 17B.05.020(B)(2) of this Program. The Administrator <br />shall first determine whether identified critical area impacts have been avoided and second, <br />whether minimized. Unless otherwise stated in this Program, development proposals that do <br />not fully conform to the dimensional requirements, performance standards, and/or design <br />criteria in this Section and in the Program shall require a variance and compensatory <br />mitigation to ensure no net loss of ecological function at the project scale. The Administrator <br />shall require compensatory mitigation for development proposals that result in measurable <br />damage, loss and/or displacement of a wetland, aquatic habitat conservation area, wildlife <br />habitat conservation area, or flood storage or conveyance area. <br />2. When critical area compensatory mitigation plans are required pursuant to this Section, all of <br />the following shall apply: <br />a. The quality and quantity of the replaced, enhanced, or substituted critical area, and its <br />buffer, shall be the same or better than the affected critical area and its buffer; <br />b. The mitigation site and associated vegetative planting shall be nurtured and maintained <br />such that healthy native plant communities grow and mature over time; <br />c. The mitigation shall replace the functions as quickly as possible following the impacts; <br />d. The mitigation activity shall be monitored and maintained to ensure that it achieves its <br />intended functions and values; <br />e. The Administrator shall require the applicant/proponent to post a bond or provide other <br />financial surety equal to one hundred fifty percent (150%) of the estimated cost of the <br />mitigation to ensure the mitigation is carried out successfully. The bond/surety shall be <br />refunded to the applicant/proponent upon completion of the mitigation activity and any <br />required monitoring. <br />3. Compensatory mitigation plans shall be prepared by qualified professionals with education, <br />training, and experience in the applicable field: <br />a. Wetland mitigation plans shall be prepared by a qualified professional who is <br />educated/trained in wetland biology or a closely related field, and has demonstrated <br />experience in mitigation plan design, implementation, and monitoring. The overall goal of <br />any such mitigation plan shall be no net loss of wetland functions, acreage, and values. <br />b. Mitigation plans for impacts to aquatic and wildlife habitat conservation areas, including <br />habitat management plans, shall be prepared by a qualified professional with <br />education/training in wildlife biology or a closely related field, and professional <br />experience in habitat mitigation design, implementation, and monitoring. Where this plan <br />is required for the protection of eagle habitat, the eagle habitat management plan shall <br />normally be prepared by the Washington State Department of Fish and Wildlife, as <br />required under the Bald Eagle Management Rules. The Washington State Department