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SMP Ordinance Exhibits
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05. May
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2021-05-18 10:00 AM - Commissioners' Agenda
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SMP Ordinance Exhibits
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5/13/2021 12:38:43 PM
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5/13/2021 12:35:48 PM
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Meeting
Date
5/18/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
e
Item
Request to Approve an Ordinance Concerning the Shoreline Master Program Periodic Review Required by RCW 90.58.080(4)
Order
5
Placement
Consent Agenda
Row ID
76503
Type
Ordinance
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instances where County staff lack the resources or expertise to review these materials. A project <br />proponent may be required to pay for or reimburse the County for the review costs incurred. <br />8. Pre-Qualification of consultants: The Administrator shall prepare and maintain a list of qualified <br />technical consultants and firms that meet the qualified professional standards detailed in this <br />Section. Any proposed consultant whose name is not on the list may submit a statement of <br />qualifications including information on experience in the preparation of critical area studies. <br />Upon approval of the submitted qualifications, the Administrator shall add the name to the list <br />of qualified consultants. The Administrator may reject data and findings from non-pre-qualified <br />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 decision of <br />the Administrator pursuant to the procedures in KCC Chapter 15A.07. <br />(Ord. 2016-006, 2016) <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 are <br />exempt from permit requirements, shall employ all reasonable measures to mitigate adverse <br />impacts to critical areas and their buffers. Mitigation shall occur according to the mitigation <br />sequence defined in KCC 17B.05.020(B)(2) of this Program. The Administrator shall first <br />determine whether identified critical area impacts have been avoided and second, whether <br />minimized. Unless otherwise stated in this Program, development proposals that do not fully <br />conform to the dimensional requirements, performance standards, and/or design criteria in this <br />Section and in the Program shall require a variance and compensatory mitigation to ensure no <br />net loss of ecological function at the project scale. The Administrator shall require <br />compensatory mitigation for development proposals that result in measurable damage, loss <br />and/or displacement of a wetland, aquatic habitat conservation area, wildlife habitat <br />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
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