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

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other forms of mitigation. Also, in some cases it may be necessary to replace critical functions on- site. Appendix 1 sets forth a comparison of these various mitigation options and the responsibilities associated with each. Although the Mitigation Rule does not specifically define or discuss advance mitigation as a compensatory mitigation strategy, advance mitigation fulfills several of the objectives that are cited in 33 CFR 332.3(a) as bases for concluding that mitigation banks and in -lieu fee programs are preferable forms of compensatory mitigation: reducing temporal losses of functions, and reducing uncertainty over mitigation project success. In addition, under the definition of "temporal loss" at 33 CFR 332.2, the Federal mitigation regulations provide: "Higher compensation ratios may be required to compensate for temporal loss," and 33 CFR 332.3(m) articulates a strong preference for advance compensatory mitigation, by requiring advance or concurrent mitigation "to the maximum extent practicable." By requiring additional mitigation to offset temporal losses, the Federal regulations implicitly authorize comparatively reduced mitigation requirements when mitigation is accomplished in advance. It is thus an acceptable form of permittee -responsible mitigation for the federal regulatory agencies provided it follows the procedures and constraints outlined in this Guide. State Ecology's authority rests with the state Water Pollution Control Act (Chapter 90.48 RCW) and associated water quality regulations (Chapter 173-201A WAC). Based on the anti -degradation policy (WAC 173-201A-300-330), adequate mitigation is required to effectively offset aquatic impacts. Per Section 401 of the Clean Water Act, Ecology must certify that projects comply with state water quality protection laws before the Department of the Army permit can be authorized. WDFW is charged with implementing the state's Hydraulic Project Approval (HPA) authority (Chapter 77.55 RCW). Any entity conducting work affecting the bed or flow of state waters is required to obtain an HPA from WDFW. An IPA must contain all avoidance, minimization, and compensation measures necessary to ensure the proper protection of fish and their habitats. The rules implementing the Hydraulic Project Approval authority not only allow the use of advance mitigation, they state that a project proponent may be required to establish functional compensatory mitigation prior to the impact (WAC 220-110-020(66)). For projects located on state owned aquatic lands, applicants must coordinate with the Department of Natural Resources. Local jurisdictions regulate critical areas including wetlands and streams. Projects affecting critical areas may need to obtain local permits for construction. Agency Support Federal and state regulations and guidance encourage implementation of mitigation in advance of the project impacts to reduce or eliminate temporal loss, and reduce the risk of unsuccessful mitigation. With advance mitigation, temporal loss is eliminated or reduced, therefore allowing for a reduced amount or ratio for compensation. In addition, the WDFW mitigation policy (POL-M5002) acknowledges the benefit of providing compensatory mitigation in advance of the impacting project. The risk of failed mitigation is reduced because mitigation credit will not be generated for use to offset aquatic impacts until the advance mitigation site demonstrates performance and functional lift. Applicants also may benefit from completing mitigation in advance. If a mitigation site is constructed and functioning prior to the impacts, the eventual compensatory mitigation decisions are likely to occur more quickly. This may result in a decrease in permit processing time because 4