2020-08-10-minutes-public-works-study-session

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Advance mitigation can be proposed by any applicant, but the advance compensatory mitigation credits generated by a mitigation effort in advance of impacts can only be used by that same applicant. If it is determined a mitigation effort and the generated advance credits are not needed by the permittee, they should coordinate possible options with the regulatory agencies. Once any credits have been utilized on an approved advance mitigation site, further credits generated by the advance mitigation effort on that site cannot be sold to another applicant. The restriction on sale of credits derives from the lack of regulatory authority, except in a mitigation banking or in -lieu fee program context, to transfer the obligation for mitigation success to any party other than the permittee of the impacting project. The credit value of mitigation efforts at a site will generally increase over time because the temporal loss is eliminated or decreased if a mitigation effort is established and meeting performance standards prior to the use of the generated credits. The longer a site is functioning, the more credits it may generate for use until the site has reached its maximum potential of credits by meeting all of the listed performance standards (typically around year ten). The general policy of the regulatory agencies is that a site would not generate advance mitigation credit beyond the concurrent ratios recommended in the most current Joint Guidance for wetland mitigation, or in the WDFW mitigation policy POL-M5002 for fish habitat, until the site has been functioning and meeting the required performance standards for a minimum of two calendar years after earth work and planting have been completed. In cases where a permit applicant seeks to apply mitigation credits prior to this interval, it will usually be reviewed as concurrent mitigation. There may be circumstances where the site, or a portion of the site, may generate advance credit within the first two years (e.g., breaching dikes, removing fish passage barriers, preserving existing wetland or fish habitat, and in some cases wetland re-establishment or creation actions). These circumstances will be reviewed by the regulatory agencies on a case-by-case basis. When applying for approval to establish an advance mitigation site, applicants will need to provide information similar to that required for a mitigation plan approval. Additional information pertinent to the review of the advance proposal will also be required as defined in the "Proposing Advance Mitigation" section on pages 5-6 of this document. The agencies also recommend submitting a proposed credit generation schedule demonstrating a reduced ratio as the site matures, and proposed credit value(s) the applicant is anticipating the advance site may generate. The geographic area proposed as the potential project use area for future impacts should also be proposed by the applicant based on a watershed approach. The regulatory agencies can review and finalize the credit generation schedule and the geographic use area during the permitting process as part of the approval for the mitigation plan. This will provide the applicant a conditional decision on the potential credits a site may generate if a site is meeting performance standards outlined in the mitigation plan as well as what geographic areas will be acceptable for use. If this information is not available at the time of application for the advance mitigation establishment, it will be required to be approved by the agencies prior to using any credits generated at the site. At the time generated advance credits are proposed for use, the regulatory agencies with jurisdiction over the impacting proposal will decide if the advance compensatory mitigation project provides the appropriate type and extent of mitigation necessary to compensate for a project's impacts. The agencies will also consider how the mitigation site is functioning prior to determining how much of the advance credit is necessary to offset impacts (see "Use of the Advance Mitigation Site" section, pages 7-8 of this document). Credits can only be used once and upon their use as mitigation the mitigation effort reflected in these credits will not accumulate additional value over time. The 2