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Kittitas County,WA <br /> § 17A.01.100 CRITICAL AREAS § 17A.01.100 <br /> responsibility of the applicant, and monitoring reports will be reviewed by County staff to <br /> ensure that performance standards are being met. <br /> ii. A contingency plan with courses of action and corrective measures to be taken if <br /> monitoring or evaluation indicates project performance standards are not being met, <br /> including a possible extension of the monitoring period until it can be shown that <br /> performance standards are being met. <br /> iii. The mitigation plan shall include financial guarantees ensuring fulfillment of the <br /> compensation project, monitoring program, and any contingency measures in accordance <br /> with KCC § 17A.01.100.3. <br /> iv. The mitigation plan shall address any additional mitigation requirements relevant to the <br /> specific critical area as specified in the following chapters. <br /> 3. Financial guarantees. <br /> a. When mitigation is required for a proposed development but is not completed prior to the <br /> County's final permit approval, such as final plat approval or final building inspection, the <br /> applicant shall post a financial guarantee to ensure work will be completed and meet the stated <br /> environmental objectives. Where financial guarantees are required by other state or federal <br /> agencies for specific mitigation features, additional financial guarantees for those features are <br /> not required under this provision. <br /> b. The financial guarantee shall be in the amount of one hundred and twenty-five percent(125%) <br /> of the estimated cost of the uncompleted actions and/or the estimated cost of restoring the <br /> functions and values of the critical area(s) that is at risk. The guarantee amount shall be based <br /> on an itemized cost estimate of the mitigation activity including clearing and grading, plant <br /> materials,plant installation,irrigation,weed management,monitoring, and other costs. <br /> C. The financial guarantee may be in the form of a surety bond,performance bond, assignment of <br /> savings account,an irrevocable letter of credit guaranteed by an acceptable financial institution, <br /> or other form acceptable to the Director, with terms and conditions acceptable to the Kittitas <br /> County attorney. <br /> d. The financial guarantee shall remain in effect until the Director determines, in writing, that the <br /> standards bonded for have been met. Financial guarantees for wetland or stream compensatory <br /> mitigation shall be held for a minimum of five (5)years after completion of the work to ensure <br /> that the required mitigation has been fully implemented and demonstrated to function and may <br /> be held for longer periods when necessary. <br /> e. Public development proposals shall be relieved from having to comply with the bonding <br /> requirements of this Section if public funds have previously been committed for mitigation, <br /> maintenance,monitoring, or restoration. <br /> £ Any failure to satisfy critical area requirements established by law or condition, including but <br /> not limited to the failure to provide a monitoring report within thirty(30) days after it is due or <br /> comply with other provisions of an approved mitigation plan, shall constitute a default, and the <br /> Director may demand payment of any financial guarantees or require other action authorized by <br /> Kittitas County code or any other law. <br /> g. Any funds recovered pursuant to this Section shall be used to complete the required mitigation. <br /> Such funds shall not be deposited in the County General Fund, but rather provided with a <br /> Downloaded from https:Hecode360.com/KI6857 on 2025-05-15 <br />