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HomeMy WebLinkAboutOrd-2021-016BOARD OF COUNTY COMMISSIONERS COUNTY OF KITTITAS STATE OF WASHINGTON ordinance No. A 0 h\- Ol b AN ORDINANCE CONCERNING THE UPDATE TO KITTITAS COUNTY CODE TITLE 17A, CRITICAL AREAS ORDINANCE OF KITTITAS COTINTY WHEREAS, RCW 36.704, the Growth Management Act (GMA), requires all local governments to designate Critical Areas and develop regulations pertaining to their protection (RCW 36.70A.170(1)(d) and RCW 36.704.060(2)); and WHEREAS, the GMA defines five types of critical areas, being wetlands, areas with a critical recharging effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas (RCW 36.70A.030(5); and WHEREAS, the Kittitas County Board most recently updated the County's Critical Areas Ordinance (CAO) in 1996 (Ordinance No. 96-14); and WHEREAS, in 2017, Kittitas County considered updates to the CAO as part of the County's Comprehensive Plan periodic update; and WHEREAS, in 2018, the Kittitas County Planning Commission remanded the proposed CAO update to stafffor additional changes; and WHEREAS, the GMA requires Kittitas County to review and evaluate its development regulations, and take legislative action, if needed, to revise its development regulations to ensure compliance with the requirements of RCW 36.70A; and WHEREAS, the minimum guidelines for what Kittitas County must include in the protection of each critical areas is outlined in WAC 365-190-080; and WHEREAS, the GMA also requires Kittitas County to include a review of the Best Available Science (BAS), and give special consideration to the protection and conservation measures necessary to preserve and/or enhance anadromous fisheries in its review of its development regulations; and WHEREAS, in 2011, Washington State Legislature passed ESHB 1886, establishing the Voluntary Stewardship Program to protect and enhance critical areas on land used for agricultural activities through voluntary actions by agricultural operators; and WHEREAS, on November 30tr', 2011, the Kittitas County Board of Counf Commissioners adopted Ordinance No. 2011-012, electing to participate in the VSP, as an alternate to RCW 36.70,{.060; and WHEREAS, the GMA (36.70A.020) also requires Kittitas County to consider and balance the thirteen (13) goals of the Act; and Critical Areas Ordinance Update Page I I December 7, 2021 WHEREAS; County staff, the County's environmental consulting firms, Environmental Science Associates, SCJ Alliance, and The Watershed Company, and the Planning Commission included the Best Available Science in drafting the updates to the CAO; and WHEREAS, Kittitas County developed a public participation program for this update to inform, involve and encourage participation ofinterested persons and private entities, tribes, and applicable agencies having interests and responsibilities relating to critical areas; and WHEREAS, Kittitas County has followed its public participation program, including providing interested parties with timely information, an understanding of the process, and multiple opportunities to review and comment on the proposed amendments to the SMP. Kittitas County encouraged interested parties to review and comment on proposed changes with four (4) public comment periods. Kittitas County provided information on the proposed amendments with a CAO website, and advertised all comment periods with the newspaper of record; and WHEREAS, the Planning Commission conducted three (3) study sessions on the proposed amendments to the CAO on July 13,2021, August 10,2021, and September 14,2021; and WHEREAS, Kittitas County published alegalnotice in the Northern Kiuitas County Tribune on September 23, 2021 and September 30, 2021, and in the Daily Record on September 28,2021 and October 5, 2021, for a Planning Commission virtual public hearing, WHEREAS, Kittitas County prepared an environmental checklist required by the State Environmental Policy Act (SEPA) on August 21,2021, and issued a Determination of Non-Significance on September 23, 202I onthe environmental impact from the adoption of the proposed CAO; and WHEREAS, Kittitas County provided Notice of Intent to Adopt to the Washington State Deparlment of Commerce in accordance with WAC 173-26-100(5); and WHEREAS, Kittitas County Planning Commission held a virtual public hearing October 12,2021 to receive testimony on topics the public believed should be addressed during the periodic review; and WHEREAS, on October 12, 202I, the Planning Commission, by motion and vote, unanimously recommended that the Board adopt the proposed updates to the CAO, with consideration to the Planning Commissions proposed amendments and findings; and WHEREAS, staff provided the Board with a staff report, that included the Planning Commissions proposed amendments, Findings, and Recommendations to the Board (Exhibit B); and WHEREAS, a Public Hearing Notice was posted in the Northern Kittitas County Tribune on October 21, 202I and, October 28, 2021, and in the Daily Record on October 27 , 2021 and October 28, 2021 , and said notice was mailed to stakeholders, agencies, and interested parties; and WHEREAS, the Kittitas County Board of County Commissioners held a virtual public hearing on November 3,2021to consider amendments to the Critical Areas Ordinance; and WHEREAS, the Kittitas County Board of County Commissioners after considering all public comments and evidence, and after deliberation and considering the hearing record, approved the proposed amendments at the November 3,2021hearing; and Critical Areas Ordinance Update Page l2 December 7, 2021 WHEREAS, the Board of Kittitas County further concludes that this completes Kittitas County's required process for periodic review in accordance with RCW 36.70A.040. NOW, THEREFOREO BE IT ORDAINED BY THE KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS: The Commission hereby finds that the review and evaluation required by the Growth Management Act, as set forth in RCW 36.70A, have occurred, as described in the recitals above. NOW THEREFOREO BE IT ORDAINED BY THE KITTITAS COUNTY BOARD OF COUNTY COMMISSIONERS: That Kittitas County Code Title l7A is hereby amended with new sections to read as set forth in Exhibit A attached to this ordinance and incotporated herein by this reference. The Critical Aquifer Recharge Area Map is adopted as attached in Exhibit B and the Kittitas County Ecoregions Map is adopted as attached in Exhibit C. The amendments and maps adopted through this ordinance shall be effective on February 7, 2022. Information Services is hereby directed to make these changes to the regulations on the County website. The Community Development Services Director and Prosecuting Attomey are authorized to correct any scrivener's errors without Board approval. ADOPTED this 7th day of December,2l2l BOARD OF COUNTY SSIONERS KITTIT COUNTY Board- Julie Kjorsvik ! Deputy Clerk of the Board-,MandV Buchholz Critical Areas Ordinance Update Page | 3 Chairman Vice-Chairman Cory Wright, Commissioner APPROVED AS TO FORM: Neil Caulkins, Deputy Prosecuting Attorney December 7, 2021 EXHIBIT A ADOPTED TITLE 17A CRITICAL AREAS ORDINANCE Ti+la laA I FDaTlF AI ADEIC enapters 17A,01 Statutery Autherizatiet Purpese and Ohjeetives 174,02 Definitiens 17A,03 \dministratien 17A,0 I €ritieal Areas Desigrratien and Develepment StandaCs 174,07 Habitat @ ++*SS+eeealea gnap+e+-{7n"gl See+iens @ien, @ive+ 17A,01,020 New eritieal areas, ien- The Washingten State tegislature requires leeal gevernments whe plan under R€W 36,704,040 te ines ives This eritieal areas ehaptepis intended te set ferth the preeedure by whieh eritieal areas are permitted prier te their adeptien and shall remain in effeet until Kittitas €eunty adepts permanent 19s+ 1 74,01,020 New eritieal areas, This eritieal areas ehapter is based upen Washingten State law and the varieus maps and regulatiens refereneed herein as ef the date ef the adeptien ef the erdinanee eedified in this ehapter, ien-€en€effiing be deemed by the eeunty te autematieally amend this ehapter, This ehapter is based upen the law + n emp+e*Z*OZ DEFTNI+|oNS See+iens @ 174,0',020 Areas with a eritieal reeharging effeet en aquifers used fer petable wate+ 174,02,030 Base fleed, 174,02,050 Buffer, 1 74,02,060 Critieal areas, @ 174,01080 Eresien hazard areas, 174,02,090 Fish and wildlife habitat eenserva*ien areas, {+A^02J00+lo€++Finge, ien {+A.02J20+l€€dp+a+* @ 1 74,01,1 60 €reundwater, 1 74,02,1 70 Hazardeus materials, 17A^02J80{+riga+ie+ @ 174 02,200 tandslide hazard areas, 174,02,210 Mine hazard areas, @i€+ @ 174,02,260 Seismie hazard areas, '17\,02,280 Veleanie hazard area, @ 174,02,310 Wetlands, 1 74,02,320 Wetland buffers, i€' @ "Agrieultt+re" is the grazing feeding; and watering ef livesteelq plewingr seeding' eultivatien, and harvesting fer the preduetien ef e reps and pasturq seil and water eenservatien praetiees; the ereatien and maintenanee ef farm er steek pendsr irrigatien ditehesr drainage ditehes, undergreund 17A.02,020 Areas with a eritieal reeharging effeeten aquifers useC fer petable water. "Areas with a eritieal reeharging effeet en aquifers used fer petable water" are areas where an aquifer that is a seuree ef drinlcing water is vulnerable te eentaminatien thatweuld effeet the petability ef the water, (WA€ 365 190 030(2)\, (Ord,94 22 (part); 1994), ffi "Base fleed" means a fleed having a ene pereent ehanee ef being.Eualed er exeeeded in any given @ "Big game winter range" means wintering areas used by deer, ellq and bighern sheep, The wintering ese lands alse previde signifieant habitat fer ether speeies and eenstitutewildlife eenservatien areas, (Ord, 94 22 (pa*I-ls9+ 17A,02.05O Buffer. "Buffer" means an area whieh is an integral part ef a e ritieal area and whieh enhanees its preteetien, @ffi "€ritieal areas" are: (1) wetlands; (2) areas with a eritieal reeharging effeet en aquifers used fer petable water; (3) fish and wildlife habitat eenservatien areas; (4) frequently fleeded areas; and (5) @ "Develepment'eenstitutes any aetivityspeeified in Seetien 174,03,015, (Ord,94 22 (part), 1991), "Eresie+hazard areas" are these geelegieally hazardeus areas eentaining seils whieh may experienee er have experieneed a severe te very severe surfaee eresien preeess, (erd, 9 I 22 (part), 199 l), ien-areas, "Fish an4wildlife habitat eenservatien areas" are: 1, These lands in Kittitas €euntyewned er leased by the Washingten State Department ef Fish and Wildlife; 36J0AJ€q S=-l#e+landfi @; 5,--+iea+ian+abita+ 6, Habitats fer speeies ef leeal impertanee, (erd, 94-22 (part), 1994), {+AO2JOO+leodJ#inge. The"fleed fringe" is the area between the fleedway and the beundary ef the ene hundred year fleedplain, The fleed fringe eneempasses the pertien ef the fleedplain that eeuld be eemp!etely in-m€re than ene feet at any peint, (Ord, 9 I 22 (part), 1994), ion, The "fleed preteetien elevatien" is eensidered under the Kittitas €eunty Fleed Damage Preventien erdinanee #93 18 te be ene feet abeve the base fleed elevatien, (Ord, 9l 22 (part), 1994), @in. @ The "fleedwa'/' means the e hannel ef a river er ether watereeurse and the adae ent land areas that 94)' "Frequently fleedeC areas" means the ene hundred year fleedplain, whieh are lands suhjeet te a ene Management Ageney Federal lnsuranee Rate Map fer Kittitas €eunty, (erd, 94 22 (part), 199 l), ien, sliding, earthquake; er ether geelegieal eventsi are net suited te the siting ef mqjer eemmereial, residentiah er industrial develepment eensistent with publie health er safety eeneerns witheut preper I 7A-01, 1 50 Greundwater. "Greundwater" means all water that exists beneath the land surfaee er beneath the bed ef any er strueture in whieh sueh water stands; flewsr pereelates er etherwise meves, as defined in R€W 1 7A,0t.1 70 Hazardess materials. 70'101010' lt means these substanees er materials identified as sueh under regulatiens adepted the Reseuree Reeevery and €enservatien Aet, the €emprehensive Envirenmental Respense Waste Aet, (Ord, 94 22 (part), 1994), {tA-09{80{+#igatien @ @ "lrrigatien system" means all related water and aeeess rights, struetures, and equip+nent, ineluding agri€ultural ft+rpeses, Pertiens of st he irrigatien sys @ "tandslide hazard areas" are geelegieally hazardeus areas suUeet te severe risl< ef landslide based "Mine hazard areas" are geelegieally hazardeus areas; direetly underlain by, adjaeent te, er #feeted ing i "Native vegetatien and fauna" means plant and animal speeies whieh are indigeneus te the area er "Prierity speeies habitats" are fish and wildlife habitateenservatien areas that inelude a seasenal range er habitat element in whieh a prierity speeies is leeated, and whieh, if altered, may reduee the , The Washingten State speeies en its maps, s and terrain ef Kittitas €eunty result in the mqjerity ef the prierity speeies habitats being leeated en big gapae winter range, riparian habitat, and wetlands, ie+ "Prierity animal speeies" are designated by the state ef Washingten as endangered, threatened, er dified in this ehapter, Prierity animal speeies have a primary asseeiatien with prierity animal speeies habitat @ niparian nagitat' r, The state ef Washingten has ing "Seismie hazard areas" are geelegieally hazardeus areas suhieet te risl< ef earthqt+alce damage, (Ord, g++e-{pa*);-l99+ "Speeies ef leeal impertanee" are fish and wildlife speeie+that are ef leeal eeneern beeause ef their peputatien sta ien, (grA, g+ aZ (pa "Veleanie hazard areas" are geelegieally hazardeus areas that are suhjeet te inundatien by ing @ ieft generally deseribed as State ef Washingten v, Aequavella, ln defining water rights fer purpeses ef this eritieal areas erdinanee, ne wate+righk as de+ermined snder state law; ineluding the Aequavella litigatien' are available fer fish er wildlife habitatr and may net be eensidered fer purpeses ef applieatien ef this eritieal areas erdinanee, Water rights and waters eevered by the stipulatien entered in the Aequavella a4iudieatien, as te all wildlife watering shall net be eensidered ferpurpeses ef applieatien ef this eritieal areas erdinanee, The stipulatien referred te is ineerperated by refereneer and set ferth as fellews fer elarity, 1, Waters in naturalwatereeurses in the subbasin shall be retained when naturally ie+ (er first) in prieriV' regardless ef ether rights eenfirmed in this eause, Regulatien ef i ins-use+in fasture er range shall be deemed s iF eri€rity, 3, Waters in naturally eeeurring pends and springs (with ne surfaee eenneetien te a springs are lecated e livesteek, Said uses ernbedy entitlement te a level in the water bedies suffieient te previde water fer animals drinl<ing direetly therefrem while ranging en riparian lands, sp* 4, Waters in naturally eeeurring pends and springs (with ne surfaee eenneetien te a fer wildlife, Said uses embedy entitlement te a level in the water bedies suffieient te sp+ings by the plaint water retentien as previded herein shall be reserved fer wilClifu purpese* "Waters" ineludes all surfaee waters net etherwise ewned pursuant te wa*er rights established under ie+ typing system in WA€ 222 16 030, Fer purpeses ef this ehapter' Kittitas €eunty adepts five elassifieatien types, Types 1; 2r + 4 and 5 waters are adepted and are elassified aeeerding te the fellewing 'ystem fer the purpeses ef this ehapter: "Type 1 waters" means all waters; within their erdinary high water mark (eHWM)ras inventeried as "sherelines ef the state" under €hapter 90,58 R€W; but netrineluding these waters' asseeiated "Type 2 waters" means segments ef natural waters net elassified as Type 1 and have a high fish, wildlifer er human use, "Type 3 waters" means segments ef natural waters whieh are net elassified as Type 1 er 2 and have a mederate te slight fish' wildlife; er human use 1i 2 er 3 and have a e hannel width ef twe feet er mere between the erdinary high water marks,* "Type 5 waters" are segments ef natural waters within Kittitas €eunty whieh are net elassified as Types 1; 2; 3 er 4 waters and have a ehannel width ef twe feet between the erdinary high water *Type 4 and 5 waters are net truly waters; but are wateruvays whieh are intermit+ent in nature and 174.02-310 Wetlands. "Wetland" er "wetlands" means areas that are inundated er saturated by surfaeewater er grecndwater at a frequeney and duratien suffieient te suppert, and that under nermal eireumstanees enditiens, Wetlands generally inelude swamps; marshesi begs; and similar areas, Wetlands de net inelude these wetland sitesineluding' but net limited te, irrigatien eharaeteristies due te the intreduetien er influenee ef irrigatien waters te these fields, grass lined in this seetien, Hewever; wetlands may inelude these artifieialwetlands intentienally ereated frem This definitien is talcen frem the statutery definitien at R€W 36,70A,030(17), This statutery definitien ef wetlands speeifieally exempts a nu+nber ef intentienally ereated wetlands; ineluding but net result itrseme leal<age er seepage, Sueh United States Arrny €erps ef Engineers in its Regulatery Guidanee tetter 90 7 dated September 26r 1990 whieh is ineerperated herein by referenee, The letter deals with prier eenverted farmland; whieh may have been erepped prierte Deeember23i 1985, (Ord,9515 (part);1995; Ord,94 22 (part); +99+ 1 74-02.320 WetlanC buffers- "Wetland buffers" er "wetland buffer zenes" are areas that surreund and preteet a wetland frern 199+ ie- Wetland replaeement ratie refers te theaet ef previding en site eempensatien er mitigatien fer enap*r-t+*O* ADMINISTRITION See+iens 17A,03,010 tands te whieh this ehapter applies, 174,03,015 tand useaetivities te whie h this ehapter applies, ie+ 174,03,025 Preliminary identifieatien ef eritieal areas Maps and referenee material, 174,03,030 €enfliet between eritieal areas erdinanee and eritieal areas peliey deeument, 174,03,035 Critieal area eheelclist and required infermatien, 174,03,0 l0 Preeessing ef eritieal areas eheel<list and infermatien, 174,03,0 l5 €eerdinatien with the State Envirenmental Peliey Aet and ether eeneurrent permitting, @ine+ 17A,03S55 lnventery ef available infermatien, @ 1 74,03,075 Eeenemieally feasible miti gatien efferts, @iane+ @ 174,03,010 tands te whieh this ehapter applies. tands te whieh thi" ehapter applies, This ehapter applies te lands within unineerperated Kittitas ir ehapter te speeifie pareels shall be based upen the general guidanee ef the Kittitas €eunty eritieal erdinaneer pursuant te the requirements ef Chapter 36,704 R€W, (Ord, 9 I 22 (part)' 199 l), 174,03.015 !an4use aetivities te whieh this ehapter applies. i€+ 1, The fellewing land use aetivities shall be subjeet te and eeerdinated with the @ iefis ing-p+e€ess @ e--+ezene+ #engftats; e--+ne*-pla+s; ; @; @ i i--+eptat+ t, Filling and draining ef €lass 1 4 wetlandsr exeept as etheruyise previded h€+ein; €emply with buffer r ++*S5-an++7A3+ ires e,-+r*ruing-permit+, ien ie+ ef eritiealareas, (Ord,96 14 (par9; 1996;Ord,95 15 (part); 1995; Ord,9l 22 (part); 1+9+ ies. Exempt land use aetivities, The fellewing land use aetivities are exempt: 1, tand use aetivities regulated administratively' exeept as previded in Seetien 174,03,015(a) "land use aetivities te whie h this ehapter applies"' ineluding but net exernpt under the State Envirenmental PeliE AeL ies_en ie+ l, Ferest praetiees eendueted in aeeerdanee with the previsiens ef €hapter 76,09 R€W and ferest praetiee regulatiens Title 222 WA€' and whieh are exempt frem Kittitas €eunty ju+isa+*ie* ien-ever timei maintenanee; er remedeling ef struetures; previded that sueh reeenstruetien, 6, Censtruetieni maintenanee; repair, er replaeement ef Kittitas Ceunty permitted er @i€+7, Edueatienal aetivitiesi seientifie researehi and eutdeer reereatienal aetivities ineluding h$+ing-and+ishins pub+iqo+ep€+ty; ie+ 10, Feneing sha{l net be required fer eritieal areas preteetien, (Ord, 95 15 (part), 1995; Ord, ga+e+pa*)r-+S9+ 174-03.025 Preliminary identifieatien ef eritieal areas - Maps and referenee material- Preliminary identifieatien ef eritieal areas Maps and referenee material, Critieal areas may be inc jt+isdietienal Wetlands (1987 revised editien); Washingten State Tier Wetlands Rating System as it ent ef Natural Reseurees geelegie base; U,S, Bureau ef tand Management mine hazard area maps; Washingten State Department ef Fish and Wildlife prierig habitats and speeies maps; Washingten State Department ef Natural Reseurees water type maps; U,S,G,S landslide aetivity and slepe maps' U,S, Seil Survey's Natienal The dates ef all ef the feregeing maps shall preeede the date ef adeptien ef the erdinanee eedified i ime as i frem seientifie and teehnieal seurees, Utilizatien ef revised maps must be suhieet te that same These maps are used as a general guide te the leeatien and extent ef eritieal areas, Any presumptien i ive plans, This ehapter dees net apply if eritieal area+de net exist en a given pareel, (Ord, 95 15 (part),W 17A-O3.030 Cenfliet behreen eritreal areas erdinanee and eritieal areas peliey deeument, eritieal areas peliey deeument; ineerperated by referenee, is te be used as a general guideline in (pa*)-lgg+ 174.03-035 Critieal area eheelelist and requireC infermatien- eritieal area infermatien befere eemmeneement ef all land use aetivities whie h are suHeet te this ehapter, This infermatien shall be used in preeessing all ether site related develepment permits and requirements ef this ehapter, The eheel<list shall eentain the fellewing infermatie+ 1, tegaldeseriptien ef the land; and assesser's pareel number, a'--W€++anCq @ @ a,--*ipa+ian+ag*a+ ; @ @; @ i,-{treams€Rd+iyers, ies 4, antie ipated by the applieant pertaining te eritieal areas' ineluding ineentives being +ens ef the area in questieni ineluding existing er prepesed struetsres, estimated ameunts ef fill material; drainage faeilitie+ signifieant natural features, and the leeatien ef the abeve itemsr if apsli€ab eritieal areas witheut a delineatien by the applieant; er 7, Suhjeet te field investigatien by eeunty staff' er ether reliable and relevant infermatien, the infermatien submitted by the applreant shall be presumed valid fer all purpeses 17A.03,040 Preeessing ef eritieal areas eheeldist and infermatien- Preeessing ef eritieal area" eheeklist and infermatien, The Kittitas Ceunty planning depa+tment shall iseretienary deeisiens hereunder shall be i i peliey deeument; and may be utilized te verify er dispute the designatien er existenee ef e ritieal @ The eritieal areas eheeklist shall be preeessed eeneurrently with all ether develepment permits ing findings setting ferth the basis fer the determinatien, The written determhatien shall be made within fifteen business days ef submittal ef a eemplete eheeklist tegether with reeeipt ef the eemplete The direeter's deeisien may be appealed by the applieant te the Kittitas €eunV beard ef €emmissieners' ex eemmissienersi eensistent with the nature ef the underlying permitr eeneerning the eritieal areas pe+mit granted by a Hear underlying permit in superier eeurt, (Ord. 20{2 009' 2012; erd, 9 I 22 (part); 199 l), 17A,03,045 Ceerdinatien with the State Envirenmental Peliey Aet and ether eeneurrent p€#m+ttin$ preeessingreFanrethecasseeiated permits, Anrrequired eritieal areas mitigatien shall be separate frem SEPA eenditiens impesed as part ef a thresheld determinatien.The ehieetive is te previde a ereating anether regulatery review er appeal preeess, (Ord, 94 22 (part)J994). @ine* diseretienary deeisien malcing under this ehapter shall utilize the same timelines fer appeals related te any underlying permits-ln the event there is ne underlying permit; er the appeal deadline is net issieners-ne-mere than twenty business days fellewing the date ef mailing the deeisien te the applieant, All appeals frem the publie hearingi er as etherwise agreed by the appellant and the beard, The beard's deeisien 1 74.03,055 lnventery ef avai lable infermatien- in-a+ inventery ef available infermatien whieh shews the leeatien; refereneed in this ehapter; ef eritieal their preperty; and what ebligatiensr rights and eppertunities they have regarding sue h lands, (Ord, S4*?}(par+-A99aI 174,03-060 Request fer technieal assistanee- Request fer teehnieal assistanee, Kittitas €eunty sha.ll enlist as mueh as praetieabler teehnieal ems te be impertant in the eentext ef this deeument, (Ord, 9l 2" (part), 1991), @ 1, All regulatery er administrative aetiens taken p+rsuant te this ehapter shall net result in ef private prepery is enapter snatl net p until the eeunty adept+develepment regulatiens pursuant te RCW 36,704,120, ies iens a- Perieaie repo issieners ise the beard sheuld any previsiens ef this ehapter in his epinien be in vielatien ef state er federal eenstitutienal requirementst er reeent eeuft deeisiens, and whether the previsien i whieh generates eeneern is a rquirement ef the state, the beard ef eeunty the previsien is diseretienary with the eeuntyr the beard ef eemmissieners shall ga-aa-Fa*Hs9+ Kittitas €eunty shall exa+nine the feasibility ef enhaneement meneys fer fish and wildlife habitat ien wetlands and their buffers frem the usual rate ef leeal preperty taxr and a penalty system fer withdrawal, These pregrams shall inelude an element whereby the Kittitas €eunty aetively @isitien ef statei federal-er private funds er materials fer landewners, tastly, the pregrams sheuld have an element fer landewners whe may velunteer te previde fish and wildlife 1 7A,03.075 Eeenemieally feasible mitigatien efferts. mitigatien efferts @iance, this ehapter; er (2) fails te eemply with any permit eenditien required pursuant te this ehapter shall ing-e+ 174-03-085 Warning and diselaimer ef liability. The degree ef hazard preteetien required by this ehapter is eensidered reasenable fer mandatery willi eeeur en rare eeeasiens, This ehapter dees net imply that land eutside thedesignated eritieal @ lf any seetien; subseetieni senteneq elauser phraser pa+t er pertien ef this ehapter is fer any reasen held te be invalid er uneenstitutienal by any eeurt ef eempetent jurisdietien, sueh deeisien shall net Chapter{+A^04 CRITICAT AREAS DESIGNATION AND DEVETOPMENT STANDARDS See+iens 174,04,010 Wetlands, 174,04,015 Ne net less ef wetland areas, ins 17A,0'1,035 Natural eenditien ef wetland buffer, 1 74,04,040 Allewed uses, 17A,04,045 Building setbaek lines frem wetland buffers, ies 17A-0'1,010 Wetlands. Wetlands in Kittitas Ceunty are defined in Seetien 17A,02,310 and elassified in feur eategeries: ll; €ategery lll and €ategery lV wetlands as determined by the planning manager, 17A.04.015 Ne net le-s ef wetland areas, €fl*egory Size-s+$legsnd *e$$r€dJuff€r I any-srze 50-400{ce+ $ ever+r000*q'# ?+-+OS.fue+ III ever+grggg*+ 2S-SOfeet + +Vt 43f6e*a.4-(l Puitding setbnek ine a€re) *lneludes en9 nenirrigatien indueed er enhaneed €ategery lV wetlands, lrrigatien water dees influenee greund water @ (erd, 96 14 (part)' 1996;erd,95 15 (part); 1995;erd,94 22 (part); 1994), The wetland buffer ranges have been established te refleet the impaet ef eertain intense land uses en wetland funetien and values, The direeter shall base the buffer size en the fellewing eriteria and shall ing €or$id€+a+i€irqs 4, The use ef a buffer enhaneement plan by the applieant whieh uses nativevegetatien er ether measures whieh will enhanee the funetiens and values ef the wetland er buffer, @ Wetland buffers may be medified by averaging buffer widths, Wetland buffer width averaging shall 1, That averaging is neeessary te aveid an extraerdinary hardship te the applieant eaused is (pa*)t+g9+ 174,04,035 Natural eenditien ef wetland buffer, Natural eenditien ef wetland buffer, Wetland buffer areas shall be retained in their natural eenditien er may be impreved te enhanee buffer funetiens and values, Where buffer disturbanee has eeeurred during eenstruetieni revegetatien with native vegetatien may be required, The Kittitas €eunty 1 74.04,040 Allewed uses. ln additien te exempt aetivities etherwise identified herein, the fellewing aetivities are allewed te ing mining; and maintenanee ef existing faeilities, struetures, ditehes, reads, bridges and ether utility er medified; appreval ef the planning manager is required-Sueh develepment aetivity shall previde that exeeeds twe aeres' €ategery lV wetlands may be-used fer seeendary stermwater management i Ord,94 22 (part), lee+ 17A.0 1.045 Building setbaek lines frem wetland buffers- ir required frem the edge ef any wetland buffer, Miner intrusiens inte the area ef the building setbael< y impaet the wetland, The setbaeks shall be shewn en all site plans submitted with the applieatien, (Ord, 94 22 (part), {99+ io$ Wetland replaeement raties are expressed in gress area required fer replaeement, Theaetual unetien, funetiens and values shall be-ealeulated using the Kittitas €eunty eritieal areas peliey deeument and @ ltept*cemen++*ie r3+ tr4 III t+t {v @ we+lan+f, ttern*edi fi eatien (Ord,96 1 l(part); 19961Ord,95 15 (part), 1995;erd,94 22 (part), 1994), emper-gnr,0S FREQUENTTY FIoEDED AREAS Seetiens 17A,05S10 €eunty fleed preventien erdinanee, 174,05,015 Delineated fleedplain beundaries en prelisrinary plats, 171-05-010 Ceunty fleed preventien erdinanee- The Kittitas €eunty Fleed Dreventien erdinanee Ne, 93 18 is hereby adepted by referenee as the develepment regulatien fer all uses defined in this ehapter and in the Kittitas Ceunty eritieal areas 174-05-015 DelineateC fleedplain benndaries en preliminary plat+ the FEMA Fleed lnsuranee Rate Map, (erd,94 Z}(part), 1991), 174,05-0^0 Ne net less ef fleedplain sterage- 1, A ne net less ef fleedplain sterage eeneept shall be ineerperated in all new eenstrue+ien en existing lets and all future develepment en the fellewing riverst streams and lakes, whieh are designated as "sherelines ef the state" unde+ 90,58 R€W and listed M S+ream gig€+e€k eabin€reek CIe+lun++iver €elumbia+i+er Ik€h€s,s+iver tittle€reek Log€r€ek Manas+ash€reek Manas+ash Swaut<-€+eek t€gs+D€s€+ip+io" ffi ffi irre+ Frem ehe|an eerlnty l ima e€uaqf, take-Easten$ tonreu*hen+aldma+iver, Fremeenflr*enee ef Leg €reek and unnamed ereek erem eenfluenee efN dewnstrearn te meuth en te-meffi ffi Taneum€+eek +eana,way+lver +eanaway+iver Teaaa#ay+iv€r +eana,way+iv€r Wilsen ereek Yakima River ti+tl+N*ehess+iver 2,--fakes Manastash take --€asten-take ---test-take -geeper+a*e --+uequala-ta*e Teanaway River dewnskearn te Yakima River, irrcf' From the Wenatehee iv€f' iv€f' Yard'na River' @in€. Na€h€ssaRivsr: i+ @ e---geeApUin-wia+n Fleedplain sterage shall be maintained en eaeh pareel suhjeet te this ehapter, lnsignifieant less ef fleedplain sterage asseeiated with residential ten e{rbie yards, lf pareel eenditiens are sueh that eemplianee with the Chap+e#{+4.05 See+iens {+A^06.9+0+ep€a+e4 1 74,06,01 5 Areas requiring speeialized engineering, 174,06,020 Natural reseuree based aetivities, 174,06,025 Areas ef snew avalanehe*razards Snequalmie Pass, 174,06,030 Siting ef struetu"es en mine hazard areas, 174-06,010 RepealeC. (Ord.2015 010,2015; Ord.9l '2(part), 1994) 1 74.06.01 5 Areas requiring speeializeC engineering. may require speeialized engineering te aseertain the preperty is suitable fe'develepment purpeses, The Direeter er Building Offieial is autherized te require sue h engineering, (Ord, 2015 010, 2015; Ord, s4.?'lperi}J€p4}. 17A.06-020 Natural reseuree based aetivities- 174-05,025 Areas ef snew avalanehe hazards - Snequalmie Pass- ln eedunetien with the lnternatienal Building €ede' Kittitas €eunty shall enferee the pelieies 174-06.030 Siting ef struetsres en mine hazaC areas. 174.06-035 Dispesal ef veleanie ash falleut, (pa*Hsg+ enaper-+Zn"OZ HABITAT Seetiens @ 174,07,015 Designatien ef big game winter+ange, 17A,07,025 Habitats fer speeies ef leeal impertanee, @ 1, Riparian Habitat CritiealAreas shalleenstitute Type 1, 2 and 3, ineluding pertiens ef Type 4 and 5 waters at the interseeting peints with a Type 1, 4 er 3 waters, Type I waters will be designated a eritieal area fer a distanee ef feB te five hundred feet, Type Types 1r 2 er 3 waters, as determined by the planning manager, TJrp€-ffi - Type+-water* - Typ€€-{#a*ers - +yp€4-{rascrs - M W W +peS-*aters l0- 20 feet frem the interseetien witha Type l; 2 er 3 water fer a Nene required (buft waters'buffers), Nete: Building setbaeks frem a Type 5 water will be l5 fuet; unless a buffer greater than er equal te the 15 @ imp€*an€+ 4, €riteria fer Buffer Ranges, The riparian habitat buffer ranges abeve have been funetiens and values, The direeter shall base a buffer size en theJellewing eriteria and +eUewin9-€ensid€ra+ien+ ies-€r afiad+em€us+ish e, The shereline's histerieal and eurrent suseeptibility te severe eresien, @ing; d, The presenee ef multiple ehannels er islands; e, Use UV tne apptic ;f, The width ef a stream er river and the surfaee area and depth ef a lal<e, th€+eff€wing-exis+ ; ing @ e, That4he prepesed use weuld be leeated a4jaeent te areas where buffer width is redueed; and that sueh land uses will net have a signifieant adverse i d, That buffer widthaveraging will net adversely impaet riparian habitat funetiens and values, 6, Natural €enditien ef Riparian Habitat Buffer, Riparian habitaEbuffer areas shall be aChered-te 7- Allewed Uses, Allewed uses are exempt aetivities and aetivities deemed by the whieh de net eause a signifieant adverse impaet te the habitat and its buffer based en sensi@ding but net limited te steek watering, utilizatien ef water 174-07-015 Designatien ef big game winter range. Big game winter range eenstitutes allfederal land and all land ewned er leased by the Washingten the State Department ef Fish and Wildlife is leng established and relies upen veluntary agreements with landewners tegether with state purehase ef apprepriate lands, ing SEPA eemment, €eunty administrative praetiees will be revised te selieit eemment frem the Fish and Wildlife Department eeneerning shert plats and replats, fer whieh eernment is eurrently net requested, The existing eemment preeess and SEPA review will eemplemenlthe existing efferts te preteet winter range and wildlife habitat, witheut ereating a whieh is dealt with elsewhere in this ehapter, Te the extenLnet etheruyise preteeted under this ehapterr the area designated shall be the mapped leeatien ef a threatened, i€$ rea shall be determined by referenee te applieable state and federal law fer the preteetien ef threatened' endangered' er sensitiveprierity speeies, (Ord, 9 I 22 (part), 1994), 174,07.025 Habitats fer speeies ef leeal impertanee. 1, These habitats may be identified frem time te timq resu.lting in amendment ef this ehapter- Residents ef the eeunty may frem time te time identify and neminate fer eensideratien sueh habitats; and shall have the burden ef presenting evidenee issiener* Neminatien and eensideratien ef habitats fer speeies ef leeal impertanee shall @;e, Habitat with limited availability er high vulnerability te alteratien; d, Whether these habitats are already identified and preteeted t+nder the p+evisiens ef this er ether eeunty erdinanees er state er federal law, the eeunty shall alse adept perfermanee standards based upen reeemmendatiens frem eeunty resiaents a 1, These speeies may be identified frem time te timq resulting in amendment ef this enapter, nesiAen+ eenee+ni issien€r+ The neminatien and the deeisien shall eensider: ien: enap+er-t+*SS See+iens 174,08,010 Designatien ef aquifer reeharge areas, 1 74,08,01 5 Hazardeus materials, 174,08,020 On site sewage dispesal regulatiens, @ien-a+ea+ 174,08.010 Designatien ef aquifer reeharge areas, i€s ive @ €urrent eeunty regulatiens are ineerperated by referenee and will adequately preteet aquifer g++Zlpaa)r+Sg+ whieh may eentaminate greund er surfaee water shall eemply with all applieable federal and state deral law the applieant shall submit a 1, A deseriptien ef eperatiens and identifr hazardeus materials whieh may be used with th€f+eposal; ; 4, A site map shewing the leeatien ef the faeility, preperty beundaries, leeatiens ef 6, The use ef menitering te ensure that the hazardeus materials de net leal< er 7, The use ef settling pends' restrietiens en eff site diseharge, biefiltratien er ether envirenmental health and selid waste departments neeessary te prevent a signifieant C, Setba€ks fer mater ire (pa*)#gg+ 174-08-020 On site sewage dispesal regulatiens. Please refer te K€C ehapter 13,M "teeatien Seetien" @ien-areas" ehapter-t+*SS ADOPTED Kittitas Countv Critical Areas requlations Table of Contents Chaoter 17A.01 4 17A.01 .040 Reoulated Development and Alterations .......................................................................5 17A.01.050 Exemotions 5 1 17A.01.070 Non-Co Lots. Structures. and Uses o 17A.01.090 GeneralProtective Measures................................................................................11 17A.01 .100 Critical Areas Mitiqation................................................................................................12 174.01.130 Best Available Science 16 17A.01 .150 Critical Areas Reoort Review and Determination.........................................................16 DE CRITICAL AQUIFER RECHARGE AREAS (CARAs) .........................................................................34 1 7A.03.020 Desionation. and Maooino 34 17A.03.030 Aoolicabi 34 174.O4-O1O Pu and lntent.37 17A.O4O2O Desionalion and Mannino and 1 37 17A.04.030 Riparian Manaqement Zones and Buffers. ...............................................................38 17A.04.040 General Protection Standards...................................................................................40 17A.04.050 Permitted Alterations and Development. ..................................................................41 17A.05.020 Classification. desiqnation. and Mappinq.................................................................46 17A.05.030 Protection Standards.................................................................................................46 17A.06.020 Desionation. Classification. and otno 49 17A.06.030 General Protection Standards 51 174.06.040 Landslide Hazard Area Standards ............................................................................52 17A.06.050 Erosion Hazard Area Standards...................................................................................53 17A.06.060 Alluvial Fan Hazard Standards..................................................................................54 17A.06.070 Seismic Hazard Standards........................................................................................55 17A.06.080 Volcanic Hazard Areas..............................................................................................55 17A-06.090 Mine Hazard Areas--------55 174.07.010 Purposeand 1ntent................................................................................................57 17A.07.020 Desionation. Mappinq. Delineation, and Cateqori2ation...........................................57 Table 17A.07.030:Standard BufferWidths..................................................................................59 17A.07.040 General Protection Standards...................................................................................61 17 A 07 050 Alferations and Devclonmcnf Pe without a Critical Areas Renort 61 17A.07.060 Reoortino 61 Table 17A.07.070.6: Wetland Mitiqation Ratios...........................................................................63 2 3 Ghapter 17A.01 GENERAL PROVISIONS Sections: 174.01.O10 and lntent 17A.01.020 Authoritv 17A.01.030 Applicabilitv 17A.01.040 RequlatedAlterationsand Development 17A.01.050 Exemptions 17A.01.060 Exceptions 17A.01 .070 Non-Conforminq Structures and Uses 174.01.080 Critical Areas Reoorts 174.01.090 GeneralProtectiveMeasures 174.01.100 CriticalAreas Mitigation 174.01.110 ReviewProcess 17A.01 .120 Relationships to Other Requlations 17A.01.130 Best Available Science 174 01 140 Variances 174.01 .150 Enforcement 17A.01 .160 Severabilitv 17A.01.010 Purpose and lntent The purpose of this Title is to establish requlations pertaininq to development which protect desionated critical areas. as defined bv the Washinqton State Growth Manaqement Act (GMA) (RCW 36.704). The GMA requires the use of "best available science." also as defined in that law. to establish local reoulations which protect critical areas. GMA-desionated critical areas. all of which are present in Kittitas County. include: Critical aquifer recharge areas. fish and wildlife habitat conservation areas. frequentlv flooded areas. qeoloqicallv hazardous areas. and wetlands. The resulations of this Title are intended to:1. Prevent deqradation of critical areas:2. Conserve. protect. and: where feasible, restore critical areas and their functions and values:3. Protect unioue. fraqile and/or valuable elements of the environment. includinq qround and surface waters. anadromous fish species. and other fish and wildlife and their habitats:4. Protect the public health. safetv. and oeneral welfare from hazards associated with critical areas:5. Further the qoals and obiectives of the Kittitas County Comprehensive Plan and all of its elements: 6. lmplement the ooals and requirements of the Washinqton Growth Manaoement Act (RCW Chapter 36.70A): Z. Allow for reasonable use of all properties in Kittitas Countv. 17A.01.020 Authoritv 1. As provided herein. the Director or his/her desiqnee is qiven the authoritv to interpret and applv, and the responsibilitv to enforce this Title to accomplish the stated purpose. 2. The County mav withhold. condition. or denv permits and/or approvals for development and alterations to ensure that the proposed development is consistent with this Title. 4 1 7A.01 .030 Applicabilitv 1. Except as provided in subsection 3 and 4 below. the provisions of this Title shall apply to anv alteration or development within the unincorporated portion of Kittitas County. and outside of Shoreline iurisdiction. as determined bv the Shoreline Master Proqram (KCC Title 17B). No development shall be constructed. located. extended. modified, converted. or altered, or land subdivided without full compliance with this Title.2. Compliance with these requlations does not remove an applicant's obligation to complv with applicable provisions of anv other Federal. State. or local law or requlation.3. Private lands where existinq agricultural activities are conducted. as defined in RCW 90.58.065. within the Upper Yakima and Alkali-Squilchuck WRIAs are manaqed bv the Kittitas Countv Voluntarv Stewardship Proqram (VSP). and not requlated bv this Title. 4. Anv activities, alterations or development located within anv Shoreline of the State within the unincorporated portion of Kittitas Countv are subiect to the provisions of the Shoreline Master Proqram (KCC Title 178) and not ihis Title. 17A.01.040 Requlated Development and Alterations The following develooment and alterations are regulated within critical areas and their riparian manaoement zones and/or buffers. unless exempt by KCC 17A.01.050: 1. Removinq. excavating, disturbinq. or dredginq soil. sand, qravel. minerals. orqanic matter. or materials of anv kind: 2. Dumoino. di rqinq. or fillino:3. Draininq. floodinq. or disturbinq the water level or water table:4. Drivinq pilinq or placing obstructions, includinq placement of utilities:5. Constructinq. reconstructinq. demolishing. or alterinq the size of anv structure or infrastructure: 6. Alterinq the character and/or functions and values of a requlated area by destroyinq or alterino veoetation throuqh clearino. harvestinq, cuttinq. intentional burnino. shadino. or plantinq: 7. The division of land pursuant to KCC Title 16: and 8. The creation of impervious surfaces reoulated under KCG 12.06. 17A.01.050 Exemptions 1 Exemntion Reouest and Revie-w Process. The orooonent of the alteration or develooment mav submit a written request for Determination of exemption eliqibilitv to the director that describes the alteration or development and states the exemption listed in this section that applies. The purpose of a Determination of exemption eligibilitv is to provide, at the applicant's request. a written record documentino that a proposed alteration or development is. in fact. an exempt activitv under the provisions of this Chapter. The director shall review the exemption request to verify that it comolies with this chapter and approve. approve with conditions. or deny the exemption. lf the exemption is approved. it shall be placed on file with KCCDS. lf the exemption is denied. the proponent may continue in the review process and shall be subiect to the requirements of this chapter.2. Exempt Alterations and Development and lmpacts to CriticalAreas. Allexempted alterations or development shall use reasonable methods to avoid potential impacts to critical areas and their buffers. To be exempt from this Title does not qive permission to deqrade a critical area or its buffer or ignore risk from natural hazards. Any incidental damaqe to. or alteration of, a critical area or its buffer that is not a necessarv outcome of the exempted alteration or development shall be restored. rehabilitated. or replaced at the responsible party's expense.3. Exempt Alterations and Development. The following alterations and developments and uses shall be exempt from the provisions of this Title: a. Emerqencies. Those alterations or developments necessarv to prevent an immediate threat to public 5 health. safetv. or welfare. or that pose an immediate risk of damaqe to private property and that require remedial or preventive action in a timeframe too shoft to allow for compliance with the requirements of the critical areas regulations, provided that:i. The emergency action shall have the least possible impacts to the critical area and its buffer as is reasonably judqed in real time while still adequately addressing the emerqency situation: ii. The person or authorized representative of the agencv undertakinq such action shall notifu the Countv within one (1) workinq dav following commencement of the emerqencv alteration or development. Within thirtv (30) davs. the Director shall determine if the action taken was within the scope of the emerqencv actions allowed in this Subsection. lf the Director determines that the action taken. or anv part of the action. was beyond the scope of an allowed emeroency action. then the enforcement provisions of KCC 17A.01.150 shall apply: and iii. After the emerqency. the person or authorized reoresentative of the aqency undertaking the action shall fully fund and conduct necessary restoration and/or mitiqation for anv impacts to the critical area and buffers resultinq from the emerqencv action in accordance with an approved critical areas report and mitiqation plan. as described in 17A.01.080. The person orauthorized representative of the aqencv undertakinq the action shall applv for review. and the alteration. critical areas report. and mitiqation plan shall be reviewed bv the Countv in accordance with the review nrocedrrres contained herein Restoration and/or mitioation activities must be initiated within one (1) vear of the date of the emeroency alteration or development and completed in a timelv manner. b. Operation. Maintenance. or Repair. Operation. maintenance, or repair of existino structures. infrastructure improvements. utilities. public or private roads, dikes. levees. or drainaoe svstems. that do not require construction permits. if the alteration or development does not further chanse or increase the impact to. or encroach further within. the critical area or buffer and there is no increased risk to life or property as a result of the proposed operation. maintenance. or repair. Operation and maintenance includes veqetation manaqement performed in accordance with best manaqement practices that is part of onqoinq maintenance of structures. infrastructure. or utilities. provided that such management actions are part of onqoing maintenance. do not expand further into the critical area or buffer. are not the result of an expansion of the structure or utilitv. and do not directly impact an endanqered or threatened species.c. Passive Outdoor Activities. Recreation. education. and scientific research activities that do not alter or deqrade the critical area or buffer, includino fishinq. hikinq. and bird watchinq. d. Forest Practices. Forest practices conducted in accordance with the requirements of the Forest Practice Act (Chapter 76.09 RCW) and its rules. except for the conversion of forest land to a use other than commercial forestrv (Class lV conversions).Removal or Control of Terrestrial Noxious Weeds. Removal of terrestrialweeds that are included on the State noxious weed list (WAC 16-750) or other invasive plant species as identified bv Kittitas Countv. Control mav be conducted bv clippinq. oulling. over-shadinq with native tree and shrub species, or non-mechanized removal includino herbicide or other methods aoolicable to weed control.e. Removal or Control of Aquatic Noxious Weeds. Removal or control of aouatic noxious weeds. as defined in RCW 17.26.020. using an herbicide or other treatment methods applicable to weed controlthat are recommended by a final environmental 6 impact statement published by the Washinoton State Deoartment of Aqriculture or the Washinoton State Department of Ecology jointlv with other state agencies under RCW Chapter 43.21C.f. Enhancement Actions. Habitat enhancement actions that do not involve clearinq. qradinq. in-water work or construction activities. such as revegetation with native plants and installation of nest boxes.q. Maintenance of Existinq Structures. Normal maintenance or repair of existinq structures or developments. including damaqe bv accident. fire. or elements. "Normal maintenance" includes those usual acts to prevent a decline. lapse. or cessation from a lawfullv established condition. "Normal repaif' means to restore a development to a state comparable to its original condition includinq. but not limited to. its size. shape. confiquration, location, and externalappearance. within a reasonable period after decay or partial destruction. exceot where repair causes substantial adverse effects to critical areas or their buffers. Replacement of a structure or development may be authorized as repair where such replacement is the common method of repair for the tvoe of structure or development and the replacement structure or development is comparable to the original structure or development including. but not limited to. its size. shape, configuration. location. and external apoearance and the replacement does not cause substantial adverse effects to critical areas or their buffers.h. Site Exploration and lnvestisation Activities. Site exploration and investioation activities that are prerequisite to preparation of an application for development. when allthe followinq conditions are met: no st niflcant adverse im on includinq. but not limited to. fish: wildlife: fish or wildlife habitat: water qualitv: and aesthetic values: and ii. The activity does not involve the installation of any structure. and upon completion of the activity. the veqetation and land confiquration of the site are restored to conditions existinq before the activity.i. Tree Removal.i. Hazard Tree Removal in Fish and Wildlife Habitat Conservation Areas, Wetlands. Frequentlv Flooded Areas and Geologically Hazardous Areas.(a) The removal of a hazard tree, includinq removal for compliance with KCC 20.10. Wildland Urban lnterface Code. mav be allowed when trimming or toppinq is not sufficient to address the hazard. lf a tree in close proximitv to a stream or river oualifies as a hazard tree in accordance to this Title it should be felled in a manner that creates instream habitat. when it is possible to do so while also addressino the oriqinal hazardous situation. Where the hazard is not immediately apparent to the Director. the Director may require the applicant to submit a Hazard Tree Determination Report (KCC 17A.02.406) prepared bv a qualified arborist (KCC 17402.102) or forester (KCC 17A.02.345). The removal of nonhazardous trees is not an exemot action in the critical areas listed under KCC 17A.01 .050.3.h.i. except when requlated under the provisions of the Forest Practice Act (Chapter 76.09 RCW). ii. Tree Removal in CriticalAquifer Recharoe Areas.(a) The removal of anv tree is an exempt action when the tree is solelv within a Critical Aquifer Recharqe Area and not also within a different overlappino critical area, riparian management zone. or buffer. This action does not require an exemption request or review bv the director. unless it is associated with a regulated activitv identified in KCC 17A.03.030. 7 i. Utilitv Line Work. Public and private utilitv line work (new construction. maintenance, and repair) within improved surfaces (e.o.. driveways, parking lots. concrete or asphalt surfaces. gravel roads and road shoulders. and hard surface- earthen riqhts-of-wav or easements).k. Harvestins of Wild Grops. The harvestinq of wild crops in a manner that is not injurious to natural reproduction of such crops and provided the harvestinq does not require tillinq of soil. planting of crops, chemical applications. or alteration of the critical area or its buffer bv changinq existinq topoqraphv. water conditions, or water sources. 17A.01.060 Exceptions 1. Public Aqencv and Utilitv. lf the aoplication of this Title would prohibit a proposed development bv a public aoency or public utility. the aqency or utility may applv for an exception pursuant to the followino:a. Exception Request and Review Process. An apolication for a public agencv and utility exception shall be made to the County and shall include a critical areas report. as described in KCC 17A.01.080. includinq mitiqation plan. if necessarv: and anv nthor rclafcd nrnionf r{anr rmonlc cr rnh aq normif annlinafinnc to other ctes special studies. and environmental documents prepared pursuant to the State Environmental Policv Act (Chapter 43.21C RCW). The application shall follow the administrative proiect permit review process outlined in KCC 15A.03. b. Director Review. The Director shall approve. approve with conditions. or denv the request based on the proposal's abilitv to complv with all the reasonable use exception criteria in Subsection 2(c).c. Public Aqencv and Utilitv Review Griteria. The criteria for review and approval of public aqencv and utility exceptions are as follows:i. There is no other oractical alternative to the proposed development with less impact on the criticalarea and its buffer: ii. The apolication of this Title would unreasonabllr restrict the abilitv to orovide utility and/or aoency services to the public: iii. The prooosaldoes not pose an unreasonable threat to the public health. safetv. or welfare on or off the development proposal site: iv. The proposal attempts to protect and mitioate impacts to the critical area functions and values consistent with the best available science: andv. The proposal is consistent with other applicable requlations and standards.d. Burden of Proof. The burden of proof shall be on the applicant to brinq forth evidence in support of the application and to provide sufficient information on which anv decision must be made on the application.2. Reasonable Use. lf the application of this Title would denv all reasonable economic use of the subject property. the County shall determine if the property owner may applv for an exception pursuant to the followinq:a. Exception Request and Review Process. An application for a reasonable use exceotion shall be made to the Countv and shall include a critical areas report. as described in KCC 17A.01.080. includinq mitioation plan. if necessarv: and anv other related oroiect documents. such as oermit applications to other agencies. special studies, and environmental documents prepared pursuant to the State Environmental Policv Act (Chaoter 43.21C RCW and rules thereunder in Chapter 197-11 WAC). The apolication shall follow the administrative oroject permit review process outlined in KCC 15A.03. ln determining what is considered reasonable use of an undeveloped parcel. the Director mav consider additional information such as zoninq. and comparable structure sizes and land uses of the surroundinq area. I b. Director Review. The Director shall approve. approve with conditions. or denv the reouest based on the proposal's ability to comply with all the reasonable use exception criteria in Subsection 2(c).c. Reasonable Use Review Criteria. Criteria for review and approval of reasonable use exceptions include:i. The application of this Title would denv all reasonable economic use of the propertv: ii. No other reasonable economic use of the ffqperty has less impact on the criticalarea and its buffer: iii. The proposed impact to the critical area is the minimum necessarv to allow for reasonable econo mic use of the propertv: iv. The inabilitv of the aoolicant to rive reasonable economic use of the propertv is not the result of actions by the applicant after the effective date of this Title: v. The prooosal does not pose an unreasonable threat to the public health. safety. or welfare on or off the development oroposal site: vi. The proposal will result in no net loss of critical area functions and values consistent with the best available science: vii. The proposal is consistent with other application requlations and standards.d. Burden of Proof. The burden of proof shall be on the applicant to brinq forth evidence in support of the application and to provide sufficient information on which any decision must be made on the application. 17A.01.070 Non-Conforminq Lots. Structures. and Uses The followinq provisions apply to lots, structures and uses lawfully established prior to the effective date of this Title. or amendments thereto. which do not conform to the current requlations or standards of this Title. The followinq provisions do not applv to lots. structures or uses that were unlawfully established. 1. Non-conforminqlots: a. An undeveloped lot. tract. parcel. site. or division of land located landward of the ordinarv hiqh water mark which was established in accordance with local and state subdivision requirements prior to the effective date of this Tjtle but which does not conform to the present lot size standards mav be developed as permitted bv the land use requlations of the local government so lonq as such development conforms to all other requirements of this Title and the Act. 2. Non-conformino structures:a. Nonconforminq structures may be maintained. repaired. renovated. and remodeled. provided such activity does not enlarqe or expand the structure beyond the allowances in this section.b. Nonconformino structures may be enlarqed or expanded one time, provided: i. The enlarqement does not extend closer to the critical area than the existinq primarv structure or farther into the minimum side vard setback: ii. The enlarqement does not expand the footprint of the existinq structure bv more than 200 square feet in a lateral direction: iii. The enlaroement does not cause new direct wetland or stream imoact: and iv. Mitiqation of impacts to disturbed critical areas or buffers is provided in accordance with this title. The Countv mav consult with aqencies of expertise to ensure plan adequacv. c. d. Nonconforminq sinqle-familv residences may increase their heiqht within the existinq structural footprint up to maximum of thirtv-five (35) feet. I e. A nonconformino structure which is moved any distance must be brouoht into conformance with this Title and the Act.f. Damaqed nonconforming structures outside frequently flooded areas may be reconstructed to those confiqurations existinq immediately prior to the time the development was damaqed. Reconstruction of nonconforminq development located in frequently flooded areas shall comply with reconstruction regulations contained within the Kittitas County Flood Prevention Ordinance (KCC Chapter 14.08- December 2014'1. 3. Nonconforming uses:a. Nonconforminq uses mav be continued consistent with their lawfullv established scale and ranqe of uses. which is or has been for m for a different nonconforminq use onlv upon written approval bv the Director and mav be approved onlv upon a findinq that:i. No reasonable alternative conforminq use is practical because of the confiquration of the structure and/or the property: ii. The proposed use will be at least as consistent with the policies and provisions of the Act and this Title and as compatible with the uses in the area as the pre-existinq use; iii. The use or development is enlarqed, intensified. increased or altered onlv to the minimum amount necessary to achieve the intended functional purpose: iv. The structure(s) associated with the nonconforminq use shall not be expanded in a manner that increases the extent of the non-conformitv. includinq encroachment into areas such as setbacks. and anv critical areas and/or associated buffers where new structures. use. or development would not be allowed: v. The buffer standards of this Title are met: vi. The chanoe in use. remodel. or expansion will not create adverse impacts to critical areas or their associated buffers and riparian manaqement zones: vii. Uses which are specificallv prohibited or which would thwart the intent of the Act or this Title shall not be authorized: and viii. Conditions necessary to assure that the use will not become a nuisance or a hazard have been attached to the development permit and preliminary site analvsis. Redevelooment of nonconforming riqhts-of-wav and associated transportation structures. such as railroad trestles. mav be permitted for purposes of facilitatinq the development of public trailst provided. that such redevelopment shall be otherwise consistent with the provisions of this Title. 17A.01.080 Gritical Areas Reports 1. When Required. An applicant shall submit a critical areas report when required bv 174.01 .1 10.2 and the reportinq section of the applicable critical area chapter of this Title. Critical areas reports are valid for five years from the date of completion, or date of the correspondinq delineation documentation. if aoplicable,2. Preparation bv Qualified Professional. The criticalareas report shall be prepared bv a qualified professionalas defined in KCC 17A.02.620.3. Incorporation of Best Available Science. The critical areas report shall use scientificallv valid methods and studies in the analvsis of critical area data and field reconnaissance to evaluate the proposed development and all probable impacts to critical areas in accordance with the provisions of this Title. The reooft shall reference the source(s) of science used.4. Minimum Report Gontents. At a minimum. the report shall contain the followinq: a. The name and contact information of the apolicant and a description of the proposal: b. The site plan for the proposed development. includino a map drawn to scale depictinq critical areas, buffers and/or setbacks. the proposed development. and anv areas to be cleared or altered: 10 c. The names and qualifications of the persons preparino the reoort:d. Documentation of any fieldwork performed on the site:e. Documentation that consultation. when deemed appropriate. was initiated with aqencies of expertise:f. Field identification and characterization of all critical areas and buffers on and adjacent to the proposed development:g. A statement specifvinq the accuracv of the report, and all assumptions made and relied upon; h. A discussion of the pedormance standards applicable to the critical area and proposed development:i. A mitiqation plan in accordance with KCC 17A.01.100 if mitiqation is required: andi. Anv additional report information required for the critical area as specified in KCC 17A.01.80 throuqh KCC 17A.01 .100. 174.01.090 General Protective Measures 1. Land Divisions. All the followinq shall apolv to the creation of new lots or parcels: a. All critical areas and their buffers and/or riparian management zones and anv associated setbacks shall be mapped prior to the approval of a land division. b. All new lots or parcels shall contain sufficient area outside of the wetland and/or wetland buffer. fish and wildlife habitat conservation area and/or fish and wildlife habitat conservation area riparian manaqement zones or buffers, floodwav. channel mioration zone. or landslide hazard area and/or landslide hazard area buffer to accommodate the use or development.c. Open space or conservation area lots mav be established without a site that is suitable for development provided there is a note on the face of the plat or other recorded document which indicates the purpose of the lot.2. Native Growth Protection Areasa. Native qrowth protection areas shall be used in development proposals for land division to delineate and protect those contiquous critical areas and buffers listed below:i. All landslide hazard areas and buffers: ii. Allwetlands and buffers; iii. Allfloodwavs: iv. Allfish and wildlife habitat conservation areas and associated riparian manaqement zones and buffers: and v. All other lands to be protected from alterations as conditioned bv proiect apProval. b. Native qrowth protection areas shall be recorded on all documents of title of record for all affected lots.c. Native qroMh protection areas shall be desiqnated on the face of the plat or recorded drawinq in a format approved bv the County assessor. The desiqnation shall include the followinq restrictions: i. An assurance that native will be preserved for the ouroose of oreventinq harm to propertv and the environment. includinq. but not limited to. controllino surface water and erosion. maintaininq slope stabilitv, bufferinq. and protectinq plants, fish. and animal habitat: and ii. The right of the Countv to enforce the terms of the restriction. 3. Temporary or Permanent Field ldentification. Prior to a requlated alteration or development takinq place within or adjacent to a critical area. the County may require temoorarv or permanent field markers delineatinq the critical area boundary and associated buffer. The tvoe of field markers to be used will be aoreed to by the applicant and the Director deoendinq on site conditions and inspection requirements. Field markers shall be 11 spaced at a minimum of every fifty (50) feet. unless alternative placement or spacino is authorized by the Director. The location of field markers must be shown on all site plans and final plats associated with the proposed development. Field markers shall remain in place until any required final inspections are completed and approved. Field markers mav be waived bv the Director if an alternative to field markinq achieves the same obiective. or if the development and construction activitv(ies) is located at a sufficient distance so that impacts to the critical area and its buffer are unlikelv to occur. The Director mav require oermanent. wildlife-passable fencinq and/or siqnaoe if necessary to protect a critical area and its buffer from adiace nt land uses.4. Buildino Setbacks . Unless otherwise provided. buildinos and othe r structures shall be set back a distance of fifteen (15) feet from the edqes of all critical area buffers. RMZs, or from the edqes of all critical areas. except CARAs, if no buffers are required. The followino are allowed in the buildino setback area: a. Landscapinq: b. Uncovered decks:c. Buildinq overhanos. if such overhanqs do not extend more than eiqhteen (18) inches into the setback area: andd. lmpervious oround surfaces, such as driveways and patios.5. Notice on Title. Anv propertv on which a development proposal requirinq a critical areas rannrf ic cr rhmiflar{ chall harra fi with the Kiflifac (1ar rntrr Ar rdifnr' a A nn{ina nn {ifla af the nraoanna anz.l lnnafinn nf lha nrilinal aroa anr{/nr }rr rffar b. A statement as to the applicabilitv of this Title to the propertv: andc. A statement describinq possible limitations on action in or affectinq critical areas or buffer as aooroved bv the Director. The olicant shall record such documents and will provide a copv of the recorded notice to the County. Development proposals which are defined as normal repair and maintenance of existinq structures or developments. includinq. but not limited to. roof repair. interior remodelinq, wood stove permits. and on-site sewaqe disposal systems repairs. are exempt from this requirement. 1 7A.01.1 00 Critical Areas Mitiqation1. Mitioation Seouence. Adverse imoacts ca bv new alterations and develooments shall be mitigated usinq the followinq actions in order of prioritv: a. Avoidinq the impact altogether bv not takinq a certain action or parts of an action:b. Minimizinq impacts bv limitinq the deqree or maqnitude of the action and its implementation. by usinq appropriate technolooy. or by takinq affirmative steps. such as proiect redesiqn. relocation. or timinq. to avoid or reduce impacts:c. Rectifyinq the impact bv reoairinq. rehabilitatinq. or restoring the affected environment:d. Reducino or eliminatino the impact over time bv preservation and maintenance operations: e. Compensatino for the impact bv replacinq. enhancinq. or providinq substitute resources or environments: andf. Monitorino the impact and the compensation project and takinq appropriate corrective measures.2. Mitiqation Plans. When mitioation is required. the applicant shall submit a mitiqation olan. The mitiqation plan shall include all the followinq: a. Mitiqation Sequencinq. A description of reasonable efforts made to apply mitigation sequencinq pursuant to KCC 17A.01.100.1 to avoid, minimize, and mitiqate impacts to criticalareas and buffers; b. Mitiqation Details. 12 i, Documentation of consultation/coordination with aporopriate aqencies of expertise. as applicable: ii. A description of the anticipated impacts to the critical area and buffer. includinq impacts to critical area functions and values: iii. The mitiqatino actions proposed. includino: type of mitiqation proposed (e.q.. on-site or off-site): site selection criteria: identification of compensation qoals: and identification of critical area functions. iv. The environmental qoals and obiectives of the mitioation. toqether with speciflc measurable criteria and performance standards for evaluatinq whether or not the qoals and obiectives of the mitiqation proiect have been successfullv attained: v. An analysis of the likelihood of success of the mitiqation proiect based on best available science.c. Construction Details. The mitiqation plan shall include written specifications. descriptions. and drawinos of the mitiqation proposed. includinq:i. Construction sequence, timinq. and duration:ii. Grading and excavation details:iii. Erosion and sediment controlfeatures: andiv. Plantinq plan specifvinq plant species, quantities. locations. size. spacinq. densiU. and measures to protect and maintain plants untilestablished. All plant species must be native to the reqion.d. Monitorinq Details.i. A proqram for monitorinq construction and assessinq the outcome of the mitiqation proiect. includinq the schedule for site monitorinq (for example. describe how monitorinq may occur in vears 1 . 2. 3. 5. 7 and 10 after site construction). and how the monitorinq data will be evaluated to determine if the performance standards are beinq met. Monitorinq reports shall be submitted to the Countv to document milestones. successes, problems. and continqency actions of the compensation oroiect. The mitioation oroject shall be monitored for a period necessarv to establish that performance standards have been met. but not for a period less than ten (10) years. Mitigation monitorinq shall be the responsibilitv of the applicant. and monitorinq reports will be reviewed bv Qqunty staff to ensure that performance standards are beinq met. A continoencv olan with courses action and corrective measures to be taken if monitorinq or evaluation indicates project performance standards are not beino met. includins a possible extension of the monitorinq period until it can be shown that performance standards are beinq met.iii. The mitioation plan shall include financial ouarantees ensurinq fulfillment of the comoensation project. monitorino oroqram, and anv continqencv measures in accordance with KCC 17A.01.100.3.iv. The mitiqation plan shall address anv additional mitioation requirements relevant to the specific critical area as specified in the followinq chapters.3. Financial Guarantees. a. When mitigation is required for a proposed development but is not comoleted prior to the Countv's final permit approval. such as final plat approval or final buildinq inspection. the applicant shall post a financial quarantee to ensure work will be completed and meet the stated environmental objectives. Where financial ouarantees are required bv other state or federal agencies for specific mitiqation features. additional financial ouarantees for those features are not required under this provision. b. The financial quarantee shall be in the amount of one hundred and twenty-five percent (125%) of the estimated cost of the uncompleted actions and/or the 13 estimated cost of restorinq the functions and values of the critical area(s) that is at risk. The guarantee amount shall be based on an itemized cost estimate of the mitigation activity including clearing and qradino, plant materials. plant installation. irrioation, weed manaqement. monitorinq. and other costs.c. The financial quarantee may be in the form of a suretv bond. performance bond, assiqnment of savings account. an irrevocable letter of credit quaranteed by an acceptable financial institution. or other form acceptable to the Director. with terms and conditions acceptable to the Kittitas Countv attornev.d. The financial quarantee shall remain in effect until the Director determines, in writinq. that the standards bonded for have met. Financial ouarantees for wetland or stream compensatorv mitiqation shall be held for a minimum of five (5) vears after completion of the work to ensure that the required mitioation has been fullv implemented and demonstrated to function and mav be held for lonqer periods when necessary. e. Public develooment proposals shall be relieved from havino to comply with the bondinq requirements of this Section if public funds have previously been committed for mitigation. maintenance. monitoring. or restoration.f. Any failure to satisfy critical area requirements established bv law or condition. includinq but not limited to the failure to provide a monitorinq report within thirtv (30) davs after it is due or complv with other provisions of an approved mitiqation plan. shall constitute a default. and the Director may demand pavment of anv financial quarantees or require other action authorized bv Kittitas Countv code or anv other law.q. Anv funds recovered pursuant to this Section shall be used to complete the required mitiqation. Such funds shall not be deposited in the County General Fund. but rather provided with a separate account. The County will use such funds to arranqe for comoletion of the project or mitioation. and follow-up corrective actions.h. Depletion, failure. or collection of financial ouarantees shall not discharqe the obliqation of an applicant or violator to complete required mitioation. maintenance, monitorinq. or restoration.4. Mitiqation Bankinq and In-Lieu Fee Mitigation. The Countv mav approve mitiqation bankinq and/or in-lieu fee mitigation as a form of compensatorv mitiqation for wetland and fish and wildlife habitat conservation area when the orovisions of this Title reouire mitiqation and when the use of a mitiqation banldin-lieu fee proqram will provide equivalent or qreater replacement of critical area functions and values when compared to conventional permittee-responsible mitiqation. Mitiqation banks and in-lieu fee proqram shall onlv be used when it can be demonstrated that thev provide siqnificant ecoloqical benefits includinq lonq- term conservation of critical areas. important species. habitats and/or habitat linkaqes. and when thev are documented to provide a viable alternative to the piecemeal mitioation for individual project impacts to achieve ecosvstem-based conservation qoals. Mitiqation banks and in-lieu fee proorams shall not be used unless they are certified in accordance with aoplicable federal and state mitiqation rules and expressly authorized throuqh County leqislative action. 174.01.110 ReviewProcess 1. Administrative Procedures and Rules. The administrative procedures followed durinq the critical area review orocess shall conform to the standards and requirements of all development and alterations. This shall include, but not be limited to. timing. appeals, and fees associated with apolications covered by this Title.2. General Requirementsa. Submittal. Prior to the county's consideration of anv proposed alteration or development not found to be exempt under KCG 17A.01 .050. the applicant shall 14 submit to the County comolete information reqardinq the critical area on the application for the underlvinq development. on forms provided by the countv. b. As part of critical areas review. the County shall:i. Verifv the information submitted bv the applicant:ii. Evaluate the project area and vicinity for critical areas and buffers: iii. Determine whether the aoplicant is required to seek additional critical area consultation with qualified professionals and/or aqencies. which mav include a ioint site visit with countv staff, aqencv staff. and/or qualified professionals: (1) This additional consultation mav be required for. but is not limited to. areas which contain unmapped critical areas and/or difficult mitiqation circumstances. iv. Determine whether the proposed development is likelv to impact the functions or values of critical areas: andv. Determine if the proposed development avoids imoacts or adequatelv addresses the impacts to the critical area and buffer associated with the alteration or development.c. Make a review determination:i. No Critical Areas Present. lf after a site visit the director's analysis indicates that the proiect area is not within or adiacent to a critical area or buffer and lhat the proposed alteration or development is unlikely to deqrade the functions or values of a critical then the director shall rule that the critical area review is complete and note on the underlvinq application the reasons that no further review is required. A summary of this information shall be included in anv staff report or decision on the underlvinq permit. ii. Critical Areas Present. but No lmpact - Waiver. lf the director determines there are critical areas within or adjacent to the proiect area. but that the best available science shows that the proposed alteration or development is unlikely to deqrade the functions or values of the critical area(s) or buffer(s). the director mav waive the requirement for a critical areas report. A waiver mav be oranted if there is substantial evidence that all of the followino requirements will be met: (1) There will be no alteration of the critical area or associated riparian management zone or buffer: (2) The development proposalwill not neqativelv impact a critical area or buffer. iii. Critical areas may be affected by proposal. lf the director determines that a critical area or areas or buffer(s) may be affected by the proposal. then the director shall notify the apolicant that a critical areas report must be submitted prior to further review of the project. as described in KCC 17A.01 .080. The director mav use the followinq indicators to assist in determinino the need for a criticalareas report: (1) lndication of a critical area on the countv critical areas maps that mav be impacted bv the proposed alteration or development: (2) lnformation and scientific opinions from appropriate aqencies. includinq but not limited to the Washinqton State Departments of Fish and Wildlife and Ecoloqv: (3) Documentation. from a scientific or other reasonable source. of the possible presence of a critical area: or (4'l A findinq by a qualified professional. or a reasonable belief bv the director. that a critical area mav exist on or adjErcent to the site of the proposed alteration or development. iv. 15 d. Effect of Director's Determination. A determination reoardinq the apoarent absence of one or more critical areas by the director is not an expert certification regarding the presence of critical areas and the determination is subject to possible reconsideration and reopening if new information is received. lf the applicant wants oreater assurance of the accuracy of the critical area review determination. the applicant mav choose to hire a qualified professionalto provide such assurances. 3. Request for Technical Assistance. The Director mav enqaqe technical consultants or aqencies with expertise to provide third oartv review and interpret critical area data and findinqs submitted bv or on behalf of the applicant in instances where Countv staff lack the resources or expertise to review these materials. An applicant mav be required to pav for or reimburse the Countv for the review costs incurred.4. Pre-Qualification of Consultants. The Director may prepare and maintain a list of qualified technical consultants and firms that meet the qualified orofessional standards detailed in KCC 17A.01.610. Any proposed consultant whose name is not on the list mav submit a statement of qualifications includinq information on experience in the preparation of critical area studies. years of experience. and sample work. Upon approval of the submitted qualifications. the Director shall add the name to the list of qualified consultants. The Director mav reiect data and findinqs from non-pre-qualified consultants or require a third-partv review per KCC 17A.01.110.3. 17A.01.120 Relationships to Other Resulations 1. This Title shall applv as an overlav and in addition to zoninq and other requlations adopted bv the County. 2. Anv individual critical area adjoined bv another tvpe of critical area shall have the buffer and meet the requirements that provide the most protection to the critical areas involved. When anv existino requlations, easement, covenant. or deed restriction conflicts with this Title that which provides more protection to the critical area shall apply.3. These critical areas requlations shall apply concurrently with review conducted under the State Environmental Policv Act (SEPA). as locallv adopted.4. Compliance with the provisions of this Title does not constitute compliance with other federal. state. and local reoulations and permit requirements that may be required (for example, Hvdraulic Proiect Approval [HPA] permits. Section 106 of the National Historic Preservation Act. U.S. Armv Corps of Enqineers Section 404 permits. National Pollution Discharqe Elimination Svstem permits). The applicant is responsible for complvinq with these requirements. apart from the process established in this Title. 17A.01.130 Best Available Science Critical areas reports and decisions to alter critical areas shall be based on the most current best available science to protect the functions and values of critical areas in Kittitas County. 17A.01.150 Gritical Areas Report Review and Determination 1. The director shall make a determination as to whether the proposed alteration or development and associated mitiqation. if anv. is consistent with the provisions of thisTitle. The director's determination shall be based on the followinq criteria: a. The proposal minimizes the impact on critical areas in accordance with KGC 1 7A.01.1 00. Critical Areas Mitiqation: b. The proposal is consistent with the oeneral purposes of this Title:c. Any alterations permitted to the critical area(s) are mitiqated in accordance with this Title's mitiqation requirement sections dependinq on the tyoe of critical area(s) impacted: 16 d. The proposal protects the critical area functions and values consistent with the best available science and results in no net loss of critical area functions and values: and e. The proposal is consistent with other applicable regulations and standards.2. The county mav condition the proposed alteration or development as necessary to mitiqate impacts to critical areas and to conform to the standards required by this Title.3. Determination. The Director will determine if the proposed alteration or development meets the criteria in KCC 17A.01.150(1) and complies with the applicable provisions of this Title. The Director shall prepare a written notice of determination and identifv anv required conditions of approval.a. lf a proposed alteration or development is approved under this Title a notice of determination and conditions of approval shall be included in the proiect file. be considered in the next ohase of the review of the proposed alteration or development in accordance with anv other apolicable codes and requlations. and shall be attached to the underlyinq oermit or approval.i. Any subsequent chanqes to the conditions of approval shall void the orevious determination pendinq re-review of the proposal and conditions of aoproval by the director. ii. A favorable determination should not be construed as endorsement or approval of any underlving permit or approval.b. lf a proposed alteration or development is reiected due to not adequatelv mitiqatinq its impacts on the critical area(s) and/or does not complv with the criteria in KCC 174.01 .150(1 ). and the provisions of this Title, the Director shall prepare a written notice of the determination that includes findinqs of noncompliance.i. No proposed alteration. development, or permit shall be approved or issued if it is determined that the proposed activity does not adequatellUnitioate its impacts on the critical area(s) and/or does not comply with the provisions of this Title.ii. Upon receivinq a notice of determination that includes findinos of noncompliance. the applicant may reouest consideration of a revised critical areas report. iii. lf the revision is found to be substantial and relevant to the critical area review. the Director mav reopen the critical area review and make a new etermination based on revt 4. The Countv's determination reoardino criti I areas pursuant to this Title shall be concurrent with the final decision to approve. condition. or denv the development oroposal or other alteration involved. 1 7A.01.170 Enforcement 1. Generallv. When a critical area or its buffer has been altered in violation of this Title, all onqoino development work shall stop. and the critical area and buffer shall be restored. The Countv shall have the authoritv to issue a stop work order to cease all onqoino development work. and order restoration, rehabilitation, or replacement measures at the owner's or other responsible partv's expense to compensate for violation of provisions of this Title.2. Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is prepared and approved by the County. Such a plan shall be prepared bv a qualified orofessional usinq best available science and shall describe how the actions proposed meet the minimum requirements described below. lnadequate plans shall be returned to the applicant or violator for revision and resubmittal. The County may consult with aqencies of expertise to ensure plan adequacv.3. Minimum Performance Standards for Restoration a. For alterations to critical aquifer recharoe areas. frequently flooded areas. wetlands. and fish and wildlife habitat conservation areas. the followino minimum performance 17 standards shall be met for the restoration of a critical area. provided that if the violator can demonstrate that greater functional and habitat values can be obtained. these standards may be modified:i. The pre-violation structural and functional values shall be restored. including water quality. hydrology and habitat functions:ii. The historic soil tyoes and confiquration of the altered area shall be replicated:iii. The critical area and buffers shall be replanted with native veoetation that replicates the veqetation historically found on the site in species type and densities. The historic functions and values should be replicated at the location of the alteration: andiv. lnformation demonstratinq compliance with the requirements in KCC 174.01.100 shall be submitted to the Director.b. For alterations to frequently flooded areas and qeolooicallv hazardous areas, the followinq minimum performance standards shall be met for the restoration of a critical area, provided that, if the violator can demonstrate that oreater safetv can be obtained. these standards may be modified:i. The hazard shall be reduced to a level equal to. or less than. the pre- development hazard:ii. Anv risk of personal iniurv resultinq from the alteration shall be eliminated or minimized; andiii. The hazard area and buffers shall be replanted with native veqetation sufficient to minimize the hazard.4. Site Investiqations. The Director is authorized to make site inspections and take such actions as are necessarv to enforce this Title. pursuant to KCC 18.01 .060.5. Penalties. Penalties for violatinq the provisions of this Title are specified in KCC 18.05. 1 7A.01 .1 90 Severabilitv lf anv clause. sentence, paraoraoh. section. or part of this Title or the aoplication thereof to anv person or circumstances shall be judged by anv court of competent jurisdiction to be invalid. such order or iudqment shall be confined in its operation to the controversy in which it was rendered. The decision shall not affect or invalidate the remainder of anv part thereof and to this end the provisions of each clause. sentence. paraqraph. section. or part of this law are herebv declared to be severable. 18 Chapter 17A.02 DEFINITIONS 174.02.010 Generallv. Certain terms and words used in this title are defined in the followinq sections. Words used in the present tense include the future; words in the sinqular number include the plural number: and words in the plural number include the sinqular number. The word "shall" is mandatorv. 17A.02.020 Adiacent. "Adiacent" to a critical area means the project area is located: 1. anvwhere within the standard critical area buffer and/or standard building setback: 2. anvwhere within three hundred (300) feet from a fish and wildlife habitat conservation area or wetland; or 3. anywhere within two hundred (200) feet from a critical aquifer recharqe area. 174.02.030 AqriculturalActivities. "Aqricultural activities" means aqricultural uses and practices includinq. but not limited to: Producinq, breedinq, or increasinq aoricultural products: rotatinq and chanqino aqricultural crops: allowinq land used for aqricultural activities to lie dormant: allowing land used for aqricultural activities to lie dormant as a result of adverse aqricultural market conditions: allowinq land used for aqricultural activities to lie dormant because the land is enrolled in a local. state, or federal conservation proqram, or the land is subiect to a conservation easement: maintaining. repairing. and replacinq agricultural equipment: maintaining. repairino, and replacing agricultural facilities. provided that the replacement facility is no closer to the shoreline and/or critical area than the orioinal facility: and maintaininq agricultural lands under production or cultivation. 174.02.040 AqriculturalActivities. Hioh lntensitv. "Hiqh intensitv aqricultural activities" are defined as: dairies. animal feed lots, nurseries. qreenhouses. and like uses which are commerciallv operated. 17A.02.050 AqriculturalLand. "Aoricultural land" means land orimarilv devoted to the commercial oroduction of horticultural. viticultural. floricultural. dairv. apiarv. veqetable. or animal products or of berries. qrain, hav. straw, turf, seed. Christmas trees not subject to the excise tax imposed by *RCW 84.33.100 throuqh 84.33.140. finfish in upland hatcheries. or livestock. and that has lonq-term commercial siqnificance for agricultural production. 17A.02.060 AlluvialFan. "Alluvial fan" or "Alluvial fan hazard area" means a low. outspread. relatively flat-to- qentle slopino landscape surface composed of eroded alluvial materials deposited by a stream at the transitional area between vallev floodplains and steep mountain slopes. Channel pattern in the alluvial fan is highlv variable. often dependent on substrate size and age of the landform. Channels may change course frequently, resultinq in a multi-branched stream network. Channels can also be deeplv incisecl wilhin h iohlv e rodible al Irrvial material 174.02.070 Alteration. "Alteration" means any human induced chanoe in an existinq condition of a critical area or its buffer. Alteration includes. but is not limited to. qradinq. fillinq. channelizinq dredqino, clearinq (veqetation). construction. compaction. excavation, or anv other activity that chanqes the character of the critical area- 19 17A.02.080 AnadromousFish. 'Anadromous Fish" means fish that spawn and rear in fresh water and migrate to the ocean to mature in the marine environment until returninq to freshwater to spawn. ln Kittitas County, these include Pacific salmon. steelhead. bulltrout. and Pacific lamprev. 17A.02.090 Applicant. "Applicant" means person who files an application for permit under this Title and who is either the owner of the land on which that proposed development would be located. a contract purchaser. or the authorized aqent of such a person. 174.02.100 Aquifer. "Aquife/' means qeoloqical formation. group of formations. or part of a formation that is capable of vieldino a sionificant amount of water to a well or sprinq. 17A.02.102 Arborist. "Arborist" is defined as a person with a minimum 2-year deqree in arboriculture or equivalent discipline such as forestrv, horticulture. or bioloqy. Membership and certifications from lnternational Society of Arboriculture as well as documented work experience mav be substituted for formal deorees at the d of the Director. 174-02.104 Area of Special Flood Hazard. "Area of Special Flood Hazard" is defined as the land in the floodplain within a communitv subiect to a one percent or greater chance of flooding in anv qiven vear. Designation on maps alwavs includes the letter A. Also referred to as "1OO-vear floodplain" and "special flood hazard area." 174.02.110 AvalancheHazard. "Avalanche Hazard" means an area susceptible to a laroe mass of snow or ice. sometimes accompanied by other material. movino rapidlv down a mountain slope. 174.02.120 Avulsion. "Avulsion" means a sudden cuttinq off or separation of land by a flood breakinq throuoh a meander or bv a sudden chanqe in current wherebv the stream deserts its old channel for a new one. such as occurs in Channel Migration Zones. 174.02.125 Bank (of a water bodv) "BAnk" means anv land srrrface I andward of the narv hioh water line next to a bodv of water and constrains the water except durinq floods. The term "bank" also includes all land surfaces of islands within a bodv of water that are below the flood elevation of the surroundino bodv of water. 174.02.130 BestAvailableScience. "Best Available Science" means scientific information applicable to the critical area prepared by local. state. or federal natural resource aqencies. a qualified scientific professional. or team of qualified scientific professionals that is consistent with criteria established in WAC 365-195-900 throuqh WAC 365-1 95-925. 17A.02.140 Bufter. "Buffer" means an area that is contiquous to and protects a critical area. and which is required for the continued maintenance, function. and/or structural stability of a critical area. 174.02.150 Channel Mioration Zone. Channel miqration zone (CMZ) means the area along a watercourse. but not always within the flood zone. within which the channel(s) can be reasonably predicted to miqrate over time as a result of natural and normally occurrino hydroloqical and related processes when considered with the characteristics of the river and its surroundings. 20 174.02.155 Clearing. "Clearinq" means significant veqetation removal includinq the removal or alteration of trees. shrubs, and/or qround cover by qradinq. cuttinq. burninq. chemical means, or other activitv that causes siqnificant ecoloqical impacts to functions provided by such veoetation. The removal of invasive or noxious weeds does not constitute sionificant veqetation removal. Tree pruninq. not includino tree toppinq. where it does not affect ecoloqical functions. does not constitute siqnificant veqetation removal. 174.02.160 Critical Aquifer Recharge Areas. "Critical aquifer recharoe areas" are areas with a critical recharoinq effect on aquifers used for potable water. includinq areas where an aouifer that is a source of drinking water is vulnerable to contamination that would affect the potability of the water. or is susceptible to reduced recharqe. 17A..02.170 CriticalAreas. "Critical areas" include the followino areas and ecosvstems: (a) wetlands: (b)critical aquifer recharoe areas: (c) fish and wildlife habitat conservation areas: (d) frequentlv flooded areas: and (e) qeolooicallv hazardous areas. 174.02.200 C umulative lmpacts "Cumulative lmpacts" or "cumulative effects" means the combined. incremental effects of human activitv on ecological or critical areas functions and values. Cumulative impacts result when the effects of an action are added to or interact with other effects in a particular place and within a particular time. lt is the combination of these effects. and any resultino environmental deoradation. that should be the focus of cumulative impact analvsis and chanoes to policies and permittinq decisions. 174.02.210 Dam. "Dam" means a barrier or controlling and appurtenant works across a stream or river that does or can confine. impound or requlate flow, or raise water levels for purposes such as flood or irriqation water storaqe. erosion control. power generation. or collection of sediment or debris. 17A.02.220 Development. "Development" means anv activitv upon the land consistinq of construction or alteration of structures. earth movement. dredqinq. dumpinq, qradinq. fillinq. mininq. removal of any sand, qravel. or minerals. drivinq of piles. drillinq operations. bulkheadinq. clearinq of veqetation. or other land disturbance. Development includes the storaqe or use of equipment or materials inconsistent with the existino use. Development also includes approvals issued by the County that binds land to soecific patterns of use. includino but not limited to. subdivisions. short subdivisions. zone chanqes. conditional use permits. and binding site plans. Development activitv does not include the followino activities: 1. lnterior buildinq improvements.2. Exterior structure maintenance activities. includinq paintinq and roofinq. 3. Routine landscape maintenance of established. ornamental landscapinq. such as lawn mowing. pruninq, and weedinq.4. Maintenance of the followinq leoally existinq facilities that does not expand the affected area: septic tanks (routine cleaninq): wells: individual utilitv service connections: and individual cemeterv plots in established and aporoved cemeteries. 21 174.02.230 Director. "Director" means the director of the Kittitas County Communitv Development Services or desiqnee. 17A.02.240 Dry Well. "Dry well" means a hole in the qround filled with oravel or rubble intended to receive treated or otherwise unpolluted drainaqe water and allow it to percolate into the oround. A drv well is tvpically enqineered and desiqned to infiltrate individual home roof runoff in a subdivision.l 17A.02.250 EcoloqicalFunctions. "Ecoloqical functions" means the work performed or role plaved bv the phvsical. chemical. and bioloqical processes that contribute to the maintenance of aquatic and terrestrial environments that constitute the natural ecosvstem. 174.02.260 EmerqencvActivities. "Emeroency activities" means activities necessary to prevent an immediate threat to oublic health. safetv. or welfare - or an immediate risk of damaoe to private property - that require remedial or preventative action in a timeframe too short to allow for compliance with the requirements of this Title. 174.02.270 Enhancement. "Enhancement" means actions performed within an existinq deqraded critical area and/or buffer to intentionallv increase or auqment one or more ecological functions or values of the existinq area. Enhancement actions include. but are not limited to. increasinq plant diversitv and cover: increasinq wildlife habitat and structural complexitv (snags. woodv debris): installinq environmentallv compatible erosion controls: removing non-indioenous plant or animal species: or removinq human-made structures or fill that are deqradinq ecoloqical functions or values. 174.02.280 Erosion. "Erosion" means the process whereby wind. rain, water, and other natural agents mobilize and transport particles of soil or rock. 174.02.290 Erosion Hazard Areas. "Erosion hazard areas" are areas containinq soils that mav experience siqnificant erosion. includinq anv or all of the followino: 1. Soil areas identified bv the Natural Resources Conservation Service as havinq "severe" or "very severe" erosion hazard: or2. Slopes forty percent (40%) or steeper with a vertical relief of ten (10) or more feet. except areas composed of consolidated rock: or 3. Concave slope forms equal to or oreater than fifteen oercent (15%) with a vertical relief of ten (10) or more feet. except areas composed of consolidated rock: or4. Channel mioration zones.l 17A.02.300 Feasible. "Feasible" means. for the Duroose of this Title. that an action. such as a develooment activifu. mitiqation. or preservation requirement. meets all of the followinq conditions: 1. The action can be accomolished with technoloqies and methods that have been used in the past in similar circumstances, or studies or tests have demonstrated in similar circumstances that such approaches are currentlv available and likelv to achieve the intended results: 2. The action provides a reasonable likelihood of achievinq its intended purpose: 3. The action does not physically preclude achievinq the activity's primary intended leoal use: and4. ln cases where these ouidelines require certain actions unless thev are infeasible. the burden of oroving infeasibility is on the applicant. ln determinino an action's infeasibility. the 22 reviewino aqency may weioh the action's relative public costs and public benefits. considered in the short- and long-term time frames. 17A.02.310 Feedlot. "Feedlot" means the use of structures or pens for the concentrated feedino or holding of animals or poultrv includinq. but not limited to, horses. cattle. sheep or swine. This definition includes dairv confinement areas. slauohterhouses. shippinq terminal holdinq pens. poultrv and/or eqq production facilities and fur farms. but does not include animal husbandrv and normal farminq practices. 17A.02 Fiil. "Fill" means anv solid or semi-solid material that when placed. chanqes the qrade or elevation of the receivinq site. includinq the addition of soil. sand. rock. oravel. sediment. earth retainino structure. or other material to an area watenrvard of the ordinary hiqh water mark (OHWM). in wetlands. or on shorelands in a manner that raises the ground surface elevation or creates dry land. 17A.02.330 Fish and Wildlife Habitat Conservation Areas."Fish and wildlife habitat conservation areas" are areas that serve a critical role in sustainino needed habitats and species for the functional inteqritv of the ecosvstem. and which. if altered. mav reduce the likelihood that the species will persist over the lonq term. These areas mav include. but are not limited to, rare or vulnerable ecoloqical svstems. communities, and habitat or habitat elements includinq seasonal ranqes, breedinq habitat. winter ranqe. and movement corridors: areas with hiqh relative population densitv or species richness: and also. locallv important habitats and species desiqnated bv the County. and state prioritv habitats and species as identified bv the WA Department of Fish and Wildlife. "Fish and wildlife habitat conservation areas" do not include artificial features or constructs created in what were orioinallv upland areas, such as irriqation delivery systems. irriqation infrastructure. irriqation canals. or drainaoe ditches that lie within the boundaries of and are maintained by a port district or an irrioation district or company. 17A.02.340 Floodplain. "Floodplain" is synonymous with one hundred-(10O)-year floodplain and means that land area susceptible to inundation with a one percent (1%) chance of beinq equaled or exceeded in any qiven vear. The limit of this area shall be based upon flood ordinance requlation maps or a reasonable method which meets the obiectives of the act. 174.02.340 Floodwav. "Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharoe the base flood without cumulatively increasino the water surface elevation more than one foot. 17A.02.345 Forester. "Forester" is defined as a person with a minimum 2-year deqree in forestry or equivalent discioline such as arboriculture. horticulture. or biology. Membership and certifications from lnternational Societv of American Foresters as well as documented work experience mav be substituted for formal deorees at the scretion of the Director. 174.02.347 Forest Land "Forest land" means all land which is capable of supportinq a merchantable stand of timber and is not beino actively used for a use which is incompatible with timber qrowinq. Forest land does not include aqricultural land that is or was enrolled in the conservation reserve enhancement prooram bv contract if such aoricultural land was historically used for aoricultural purposes and the landowner intends to continue to use the land for aqricultural purposes in the future. 23 17A.02.350 FrequentlvFloodedAreas. "Frequently flooded areas" means lands in the floodplain subject to a one percent ('1%) or qreater chance of floodinq in any oiven vear, or within areas subiect to floodinq due to hiqh qroundwater and those lands that provide important flood storage. convevance. and attenuation functions. These areas include. but are not limited to. streams, rivers. lakes. wetlands. and areas where hioh oroundwater forms ponds on the qround surface. As desionated and classified determined by a local qovernment in accordance with WAC 365-190-1 10. Classifications of frequentlv flooded areas include. at a minimum. the one hundred-(100Fvear floodplain desiqnations of the Federal Emeroencv Manaqement Aqencv and the National Flood lnsurance Prooram. 17A.02.360 GeoloqicallvHazardousAreas. "Geoloqically hazardous areas" means areas that because of their susceptibility to erosion, slidinq. earthquake. or other oeoloqical events. are not suited to the sitino of commercial. residential. or industrial development consistent with public health or safety concerns. 17A.02.37O Gqotechnical Analysis or Geotechnical Report. "Geotechnical analvsis" or "qeotechnical report" means a scientific studv or evaluation conducted bv a qualified expert that includes a description of the oround and surface hvdroloqv and qeoloov. the affected land form and its susceptibilitv to mass wastinq. erosion. and other qeoloqic hazards or processes. conclusions and recommendations reqardino the effect of the proposed development on qeoloqic conditions. the adequacv of the site to be developed. the impacts of the proposed development. alternative approaches to the proposed development. and measures to mitiqate potential site-specific and cumulative oeological and hydroloqical imoacts of the proposed development. includinq the potential adverse impacts to adiacent and down-current oroperties. Geotechnical reports shall conform to accepted technical standards and must be orepared by qualified professional enoineers or qeolooists who have professional expertise about the reqional and local shoreline geolooy and orocesses. 17A.02.380 Gradinq. "Gradinq" means the movement or redistribution of the soil. sand, rock. qravel, sediment. or other material on a site in a manner that alters the existinq contour of the land. 17A.02.390 Groundwater. "Groundwater" means all the water that exists beneath the land surface or beneath the bed of any stream. lake or reservoir. or other bodv of surface water, whatever mav be the oeoloqical formation or structure in which such water stands or flows. percolates or othenrvise moves. 174.02.400 Habitats of Local lmportance. "Habitats of local importance" designated as fish and wildlife habitat conservation areas include those areas found and/or desiqnated to be locallv important bv the Countv. 174.02.405 HazardTree. "Hazard Tree" means a tree with a structural defect. combination of defects or disease resultinq in a structural defect that. under the normal ranoe of environmental conditions at the site. will result in the loss of a maior structural component of the tree in a manner that will: (1) Damage a residential structure or accessory structure. or a place of employment or public assemblv: 24 (2) Damaoe an approved road. utility. or public facilitv: (3) Prevent emeroency access in the case of medical hardship: or (4) Endanqer pedestrians or users of a recreational area 174.02.406 Hazard Tree Determination Report. "Hazard Tree Determination Report" means a written document prepared by an arborist or forester containing the followino elements: 1. Parcel. address. and name of landowner of site where tree(s) are located.2. Description of size. health. and species of tree(s) evaluated. 3. Description of factors related to potential impacts to human health or structures posed bv evaluated tree(s). 4. Alternative methods (orunino. cablinq. etc.) considered.5. Location of nearbv critical areas (wetlands. streams. steep slopes. landslides. floodplains, shorelines. etc.).6. Prooosed methods for removal.7. Size end enaniac nf treee if anrr 8. Site map showinq parcel lines. structures. evaluated trees. critical areas. utilities, and other pertinent information described in the report.9. Date of field evaluation and siqnature of arborist or forester, 10. Qualifications of arborist or forester authorinq the repoft. 17A.02.410 HazardousSubstances. "Hazardous Substances" means any liquid, solid. oas. or sludge. including any material. substance, product. commodity. or waste. regardless of quantity. that exhibits anv of the phvsical. chemical, or biologicalproperties described in WAC 173-303-090 or 173-303-100. 174.02.430 HvdricSoil. "Hvdric soil"means a soil fhat is satrrrafed ed- or oonded lono enouoh durino the orowino season to develop anaerobic conditions in the upper part. 17A.02.440 HyporheicZone. "Hyporheic zone" means the saturated zone located beneath and adjacent to streams that contains some portion of surface waters. serves as a filter for nutrients. and maintains water quality. 174.02.450 lmperviousSurface. "lmpervious Surface" means a hard surface area which either prevents or retards the entry of water into the soil surface and subsoils. such as would occur under natural conditions prior to development. or which causes water to run off the surface in qreater quantities or at an increased rate of flow relative to natural conditions prior to development. Common impervious surfaces include. but are not limited to: rooftops. walkways. patios. driveways. parkinq lots. storaqe areas. concrete or asphalt pavinq, qravel roads. packed eafihen materials. and oiled macadam. or other surfaces which similarly impede the natural infiltration of stormwater. 174.02.460 ln-StreamStructure. 25 "ln-stream structure" is a human-made structure placed within a stream or river watenvard of the ordinarv high water mark that either causes or has the potential to cause water impoundment. or the diversion, obstruction. or modification of water flow. ln-stream structures may include those for hydroelectric generation. irriqation. water supply, flood control. transportation. utilitv service transmission. fish habitat enhancement. or other purpose. 174.02.470 LandslideHazardAreas. "Landslide hazard areas" are areas potentiallv subject to landslides based on a combination of qeoloqic. toooqraphic. and hvdroloqic factors. Thev include anv areas susceptible because of anv combination of bedrock. soil. slope (gradient). slope aspect. structure. hvdroloolr. or other factors. A slope is delineated by establishing its toe and top and measured by averaqinq the inclination over at least ten (10) feet of vertical relief. Potential landslide hazard areas include but are not limited to the followinq areas: 1. Areas designated as quaternary slumps. earth-flows. mudflows. or landslides on maE published by the U.S. Geolooical Survev or Washinqton State Department of Natural Resources. 2. Areas with all three (3) of the followinq characteristics:a. Slopes steeper than fifteen percent (15%): b. Hillsides intersectinq qeoloqic contacts with a relativelv permeable sediment overlvinq a relativelv impermeable sediment or bedrock: andc. Springs or qroundwater seeoaqe. 3. Areas that have shown movement and/or are underlain or covered bv mass wastaoe debris:4. Slopes that are oarallel or sub-parallel to olanes of weakness (which mav include but not be limited to beddino planes. soft clay layers. ioint systems. and fault planes) in subsurface materials: 5. Slopes havinq qradients steeper than eiohty percent (80%) subject to rock fall during seismic shakino: 6. Areas that show evidence of. or are at risk from snow avalanches; and7. Any area with a slope of forty percent (40%) or steeper and with a vertical relief of ten (10) or more feet except areas composed of competent bedrock.8. Potentiallv unstable slopes resultino from river erosion or undercuttinq.9. Areas that show past slouqhinq or calvino of sediment or rocks resultinq in a steep slope that is poorlv veqetated. 10. Deep-seated landslide areas characterized bv one or more of the followinq features. which mav be evident in aerial imaqes. topoqraphic maps. LiDAR imaqerv or on the oround:a. scalloped ridqe crests at the too of the slope. b. crescent shaped depressions.c. head scarps. d. side scarps.e. ponds or sag areas on mid slopes,f. benches and scaros on mid slope areas,q. hummocky ground. h. linear fractures in the qround. 11. Areas below unstable slooes or that have been identified as landslide hazard areas that could be impacted bv landslide run out. 12. Areas above or adiacent to unstable slopes that could be impacted if the landslide area expands. 17A.02.480 Mine Hazard Areas. 26 "Mine hazard areas" are areas underlain by abandoned mine shafts, secondary oassaqes between shaft tunnels. or air vents. Mine hazards include subsidence. which is the uneven downward movement of the ground surface caused by underground workinqs cavinq in: contamination to ground and surface water from tailinqs and underqround workinqs: concentrations of lethal or noxious qases: and underground flres. 174.02.490 Mininq. "Mininq" means the removal of sand. gravel. soil. minerals. and other earth materials for commercial and other uses. Mininq does not include mineral prosoectinq conducted accordino to the most current WAC for mineral prospectino under the hydraulic code. 17A.02.500 MitiqationSequencing. "Mitiqation Sequencing" means a process used to quide mitiqation decisions and determine the type and level of mitiqation required. lt follows a three (3) step process. described in 17A.01.100: a. Avoidinq the impact altoqether by not takinLa certain action or parts of an action: b. Minimizinq impacts by limitino the deqree or maqnitude of the action and its implementation. by usinq appropriate technoloqv. or by takino affirmative steps to avoid or reduce impacts:c. Rectifuinq the impact by repairinq. rehabilitatinq. or restorins the affected environment; d. Reducinq or eliminating the impact over time bv preservation and maintenance operations durinq the life of the action: e. Compensatinq for the impact bv replacino. enhancinq. or providino substitute resources or environments; and/orf. Monitorinq the impact and taking appropriate corrective measures. 174.02.510 Monitorinq. "Monitorinq" means evaluatinq the impacts of proposed developments on the bioloqical. hvdroloqical. and oeolooical elements of such svstems, and assessinq the performance of required mitiqation measures throughout the collection and analysis of data bv various methods for the purpose of understandinq and documentinq chanqes in natural ecosystems and features. includinq gathering baseline data. 174.02.520 Native Growth Protection Area. "Native growth protection area" means an area where native vegetation is preserved for the purpose of preventino harm to propertv and the environment. includinq, but not limited to. controllino surface water runoff and erosion, maintaininq slope stabilitv. bufferino. and protectino plant and animal habitat. 17A.02.530 NativeVeqetation. "Native Veqetation" means plant species that are indigenous to the area in question. 17A.02.540 NaturallyOccurrinqPonds. "Naturally occurrinq ponds" means those ponds and their submeroed aquatic beds that provide fish or wildlife habitat. includino those artificial ponds intentionallv created in uoland areas for mitiqation purposes. Naturally occurrinq ponds do not include oonds deliberatelv desiqned and created in 27 uoland sites for purposes other than mitioation. such as irrioation canals. detention facilities. wastewater treatment facilities. farm ponds. temporarv construction ponds. and landscape amenities. 17A.02.550 Nonconformitv. "Nonconformitv" means a leoally established existinq use or leqally constructed structure that is not in compliance with the current requlations. 17A.02.560 Ordinarv Hiqh Water Mark (OHWM). "Ordinarv hioh water mark (OHWM)" on all lakes.streams, and tidal water means that mark that will be found bv examininq the bed and banks and ascertaininq where the presence and action of waters are so common and usual. and so long continued in all ordinary years. as to mark upon the soil a character distinct from that of the abuttino upland. in respect to veoetation as that condition exists on June 1. 1971 . as it may naturally chanqe thereafter. or as it may chanqe thereafter in accordance with permits issued by a local qovernment or the Washinoton State Department of Ecoloqy; provided that in any area where the OHWM cannot be found, the OHWM adjoininq salt water shall be the line of mean hiqher hiqh tide and the OHWM adjoininq freshwater shall be the line of mean hioh water. 174.02.570 Permeabilitv. "Permeabilifu" means the capacitv of an aquifer or confininq bed to transmit water. lt is a propertv of the aquifer or confinino bed and is independent of the force causinq movement. 174.02.590 Priority Habitat. "Priority habitat" means a habitat qrpe or elements with unique or sionificant value to one or more species as classified by the state Department of Fish and Wildlife. A priority habitat may be described bv a unique veqetation type or bv a dominant plant species that is of primary importance to fish and wildlife (e.o.. oak woodlands, juniper savanna). A orioritv habitat mav also be described by a successional staoe (e.q.. old orowth and mature forests). Alternativelv. a prioritv habitat may consist of a specific habitat feature (e.q.. talus slopes. caves, snags) of kev value to fish and wildlife. 17A.02.600 Prioritv Species. "Priority species" means species requirino protective measures and/or management quidelines to ensure their persistence at qeneticallv viable population levels. Priority species include State Endanoered. Threatened. Sensitive. and Candidate species: animal aoqreoations (e.q.. heron colonies. bat colonies) considered vulnerable: and soecies of recreational. commercial. or tribal importance that are vulnerable. A species identified and maoped as prioritv species fit one or more of the followinq criteria: 1 . Criterion 1. State-Listed and Candidate Species: State-listed species are native fish and wildlife species leoally desiqnated as Endanqered (WAC 232-12-014). Threatened (WAC 232-12-011). or Sensitive (WAC 232-12-01 1). State Candidate species are fish and wildlife species that will be reviewed bv the department (POL-M-6001) for possible listino as Endanqered. Threatened. or Sensitive accordino to the process and criteria defined in W AC-232-1 2-297 . 2. Criterion 2. Vulnerable Aqqreqations: 28 Vulnerable aqoreqations include species or oroups of animals susceotible to siqnificant population declines. within a specific area or statewide. blr virtue of their inclination to aggregate. Examoles include heron rookeries. seabird concentrations. marine mammal haulouts. shellfish beds. and fish spaning and rearinq areas. 3. Criterion 3. Species of Recreational. Commercial, and/or Tribal lmportance: Native and non-native fish and wildlife species of recreational or commercial importance. and recoonized species used for tribal ceremonial and subsistence purposes. whose bioloqical or ecoloqical characteristics make them vulnerable to decline in Washinoton or that are deoendent on habitats that are hiohlv vulnerable or are in limited availability. 174.02.610 Public Facilities. "Public facilities" include streets. roads. hiqhwavs. sidewalks. street and road liqhtinq systems. traffic siqnals. domestic water systems. storm and sanitary sewer svstems. parks and recreational facilities, and schools. 174.02.620 Qualified Professional. "Qualified orofessional" means a person with exoerience and traininq in the applicable field or critical area. A qualified professional must have obtained a B.S. or B.A. or equivalent deqree in bioloqy. soil science. botanv, enqineerinq. environmental studies. fisheries. oeoloov or related field, and a minimum of 2 years of related work experience. Other equivalently qualified professionals may be approved by the Director on a case bv case basis. 1. A qualified professional for wetlands and fish and wildlife habitat conservation areas must have a deqree in bioloqv. soilscience. botanv or related fields and relevant professional experience or professional certification (ProfessionalWetland Scientist Certification) that documents capability in functional assessment and mitiqation techniques. For wetlands. Professional Wetland Scientist Certification. or other documentation of expertise. is required. 2. A qualified professional for preparinq Geoloqically Hazardous Area Assessments must be a professional qeolooist or enqineerinq oeolooist licensed in the State of Washinqton.3. Enoineered structures for mitioation of oeoloqic hazards must be desioned bv a qualified professional enqineer or enqineerinq oeoloqist. licensed in the State of Washinqton. 4. A qualified professional for critical aquifer recharqe areas must be a professional hydrooeoloqist licensed in the State of Washinqton. who is trained and qualified to analyze qeoloqic. hvdroloqic. and qroundwater flow svstems. 174.02.630 Rehabilitation. "Rehabilitation" means a tvpe of restoration action intended to repair natural or historic functions and processes. Rehabilitation activities could involve breachinq a dike to reconnect wetlands to a floodplain or other activities that restore the natural water reoime. 174.02.640 Repair or Maintenance. "Repair or maintenance" means an activity that restores the character. scope. size. and design of a serviceable area. structure. or land use to its previously authorized and undamaqed condition. Activities that chanqe the character. size. or scope of a project beyond the original desis and/or which drain. dredqe. fill. flood. or othenffise alter critical areas are not included in this definition. 29 174.02.650 Restore or Restoration. "Restore." "restoration" or "ecoloqical restoration" means repairinq environmental damaqe to a condition equivalent to the pre-impact condition. or upqradino of impaired critical area processes or functions. This may be accomplished throuqh measures includinq. but not limited to. re-veqetation. removal of intrusive stream bank structures. or removal or treatment of toxic materials. Restoration does not implv a requirement for returnino the critical area to aboriqinal or pre-European settlement conditions. 17A.02.660 Riparian. "Riparian" areas are transitional between terrestrial and aquatic ecosystems and are distinquished bv gradients in biophysical conditions. ecoloqical processes. and biota. Thev are areas throuoh which surface and subsurface hvdrologlr connect waterbodies with their adjacent uplands. They include those portions of terrestrial ecosvstems that sionificantlv influence exchanqes of energy and matter with aquatic ecosvstems (i.e.. a zone of influence). '174.02.665 RiparianManaqementZone(s) "Riparian management zone(s)" or "RMZ(s)" is a scientificallv based description of the area adiacent to rivers and streams (see "riparian") based on the site potentialtree heiqht conceptualframework. lt is the area that has the potentialto provide full ecoloqicalfunction for bank stabilitv. shade. pollution removal. contributions of detrital nutrients. and recruitment of larqe woodv debris. 174.02.670 Seismic Hazard Areas. "Seismic hazard areas" are areas subject to severe risk of damage as a result of earthquake induced ground shaking. slope failure. settlement. soil liquefaction. lateral spreading, or surface faulting= 17A.02.680 Setback. "Setback" means the distance a building or structure is placed from a specified limit such as a lot line or a critical area buffer. 17A.02.690 Shorelines of the State. "Shorelines" means all of the water a reas of state. includino reservoirs. and their associated shorelands. toqether with the lands underlvinq them: except (i) shorelines of statewide siqnificance: (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twentv cubic feet per second (20 cfs) or less and the wetlands associated with such upstream seqments: and (iii) shorelines on lakes less than twenty (20) acres in size and wetlands associated with such smalllakes. 1 7A O? 700 Sh nes of Statewide Sionificance. "Shorelines of statewide siqnificance" means the shorelines identified in RCW 90.58.030 which because of their elevated status require the optimum implementation of the Shoreline Management Act's policies. This includes all rivers with a mean annual flow of qreater than two hundred cubic feet areas of one nd 000 acres or m one or more lavers of perennial bunchorasses and a conspicuous but discontinuous laver of shrubs (see Eastside Steppe for sites with little or no shrub cover). Althouqh Bio Saqebrush (Artemisia tridentata) is the most widesoread shrub-steppe shrub. other dominant (or co-dominant) shrubs include Antelope Bitterbrush (Purshia tridentata). Threetip Sagebrush (A. tripartita), Scabland Saqebrush (A. rioida), and Dwarf Saqebrush (A. arbuscula). Dominant bunchqrasses include (but 30 are not limited to) ldaho fescue (Festuca idahoensis). Bluebunch Wheatorass (Pseudoroeqneria spicata). Sandberg Bluegrass (Poa secunda). Thurber's Needlegrass (Achnatherum thurberianum). and Needle-and-Thread (Hesperostipa comata). ln areas with oreater precipitation or on soils with hiqher moisture-holdino capacity. shrub-steppe can also support a dense layer of forbs (i.e.. broadleaf herbaceous flora). Shrub-steppe contains various habitat features. including diverse topooraphy. riparian areas. and canyons. Another important component is habitat quality (i.e.. deqree to which a tract resembles a site potential naturalcommunitv). which mav be influenced bv soil condition and erosion: and the distribution. coveraqe, and vigor of native shrubs. forbs. and qrasses. Sites with less disturbed soils often have a laver of algae. mosses. or lichens. At some more disturbed sites. non-natives such as Cheatqrass (Bromus tectorum) or Crested Wheatqrass (Aoropvron cristatum) may be co-dominant species. Fire disturbance is an ecological component of shrub-steppe. Shrub-steppe disturbed by fire mav lack the aforementioned habitat components durinq periods of post-fire recoverv 17A.02.715 Site PotentialTree Height (SPTH) "Site Potential Tree Height" or "SPTH" is the average maximum height of the tallest dominant trees (200 years or more in aoe) for a given area. 17A..02.720 Soft Armorinq. "Soft armoring" means stream bank erosion controlpractices usino predominantlv natural materials in a desiqn that minimizes impacts to natural processes.This term is frequently used in reference to bioenqineerinq. 17A.02.730 Species of Local lmportance. "Soecies of local importance" are those species that are of local concern due to their population status or their sensitivity to habitat alteration or that are qame species. 174.02.740 Streams "Streams" see definition for "Watercourse" 174.02.750 Stream or Water Tvpe "Stream or Water Types" are fullv defined in WAC 222-16-030. An abbreviated definition is provided below. but the fullWAC definition is adopted and applies: 1. "Tvpe S Water" means all desiqnated "shorelines of the state".2. "Tvpe F Water" means streams other than Tvoe S Waters that contain fish habitat or are diverted for certain kinds of domestic use or for use bv fish hatcheries. 3. "Tvpe Np Water" means streams that are perennial nonfish habitat streams.4. "Tvpe Ns Water" means streams that are seasonal. nonfish habitat streams. which are phvsically connected bv an above-ground channel system to Tvpe S. F. or Np Waters. 31 174.02.760 Structure. "Structure" means a permanent or temporarv edifice or building, or anv piece of work artificiallv built or composed of parts joined together in some definite manner. whether installed on. above. or below the surface of the qround or water. exceot for vessels. 174.02.770 Unavoidable. "Unavoidable" means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved. 174.02.780 Volcanic Hazard Areas. Volcanic hazard areas are subject to pyroclastic flows. lava flows. debris avalanche. inundation by debris flows. mudflows. or related floodino resultinq from volcanic activity. There are no active or dormant volcanoes located within Kittitas Countv: however. Mount Rainer and Mount St. Helens are relatively near. Hazards to Kittitas County residents from these volcanoes are limited to ash deposition. 17A.02.790 Watercourse. "Watercourse." "river" or "stream" means anv rtion of a stream or river channel. bed. bank. or bottom waterward of the ordinary hiqh water line of waters of the state. Watercourse also means areas in which fish mav spawn. reside. or pass. and tributarv waters with defined bed or banks that influence the qualitv of habitat downstream. Watercourse also means waters that flow intermittentlv or that fluctuate in level durinq the year. and the term apolies to the entire bed of such waters whether or not the water is at oeak level. A watercourse includes all surface-water-connected wetlands that provide or maintain habitat that suooorts fish life. This definition does not include irrigation ditches, canals. stormwater treatment and conveyance svstems. or other entirelv artificial watercourses. except where thev exist in a natural watercourse that has been altered by humans.. 17A.02.800 WaterQualitv. "Water qualitv" means the phvsical characteristics of water, includinq water quantitv, hvdroloqical. phvsical. chemical. aesthetic. recreation-related. and bioloqicalcharacteristics. 174.02.810 WaterSystem. "Water system" means anv system providinq water intended for, or used for. human consumption. domestic uses. or commercial businesses. lt includes. but is not limited to. the source, ourification. storaqe, transmission. pumping. irriqation. and distribution facilities. 17A.02.820 Waters of the State. "Waters of the state" means lakes. rivers. ponds. streams. inland waters. underground waters. and all other surface watercourses within the jurisdiction of the state of Washinqton. as classified in WAC 222-16-030. 17A.02.830 WellheadProtectionArea. "Wellhead protection area" means the portion of a well's. wellfield's. or sprinq's zone of contribution within the ten-year time of travel boundary. or boundaries established usinq alternate criteria approved by the state Department of Health in those settings where oroundwater time of travel is not a reasonable delineation criteria. 32 17A.02.840 Wetland. "Wetland" or "wetlands" means areas that are inundated or saturated bv surface water or qroundwater at a frequencv and duration sufficient to support. and that under normal circumstances do support. a prevalence of veoetation typically adapted for life in saturated soil conditions. Wetlands oenerallv include swamps. marshes. bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created from nonwetland sites. including. but not limited to. irrioation and drainaqe ditches. orass-lined swales. canals. detention facilities, wastewater treatment facilities. farm ponds, and landscape amenities. or those wetlands created after Julv 1 , 1990, that were unintentionallv created as a result of the construction of a road. street. or hiqhwav. Wetlands mav include those artificialwetlands intentionallv created from nonwetland areas created to mitiqate conversion of wetlands. 33 Chapter 17A.03 CRITIGAL AQUIFER REGHARGE AREAS (CARAs) Sections: 174.03.010 Purpose and lntent. 174.03.020 Classification. Desiqnation. and Mappino. 17A.03.030 Applicabilitv. 17A.03.040 ProtectionStandards. 17A.03.050 Reportinq. 17A.03.010 Purpose and lntent. The purpose of this chapter is to orotect critical aouifer recharqe areas from deqradation resultinq from alterations and development. lt is the intent of this chapter to safequard qroundwater resources aqainst contaminants from alterations and develooment. 1 7A.03.020 Desiqnation. and Mappinq. 1. Glassification and Desiqnation. Critical aquifer recharqe areas are areas of unconsolidated deposits within the Roslvn and Kittitas Basins. and all Group A well head protection areas. as shown on the Countv's criticalareas maps. Allproiects proposinq uses listed in 17A.03.030 that are within the unconsolidated deposits within the Kittitas and Roslvn basins, or within a Group A wellhead protection area shall be reviewed for potential hazards to qroundwater. 2. Mappinq. The desiqnated CriticalAquifer Recharqe Areas are mapped in the Kittitas Countv CriticalAreas Ordinance CriticalAquifer Recharqe Area Map. Permit reviews will be based on the mapped critical area desiqnation shown on the critical areas maps.. {7A.03.030 Applicabilitv. This chapter requlates the followino uses when located in a critical aquifer recharqe area:1. Storaoe tanks:2. Commercial vehicle repair. servicino. and salvaoinq facilities:3. Reclaimed wastewater:4. New landfills. includinq hazardous or danqerous waste. municipal solid waste. special waste. wood waste of more than two thousand (2.000) cubic vards. and inert and demolition waste landfills:5. lniection wells used for disposal of waste oroducts includino. but not limited to. stormwater discharqe. hazardous or radioactive waste. or industrialwaste: 6. Wood treatment facilities that allow anv portion of the treatment process to occur over permeable surfaces (both natural and manmade):7. Commercial coal.ore mininq operations. and naturaloas exploration and extraction: B. Facilities that store. process. or dispose of chemicals containinq perchloroethvlene (PCE) or methyltertiary butyl ether (MTBE)or other chemicals with the potentialto contaminate qroundwater; 9. Dairy farms and feedlots: 10. Man-made stormwater detention or infiltration ponds. manure laqoons. and irriqation ponds: and 11. Anv other alteration or development that the Director determines - based on best available science- is likelv to have a siqnificant adverse impact on qround water. 1 . 17A.03.040 Protection Standards.Storage tanks. Aboveground and underoround storaqe tanks or vaults used for the storage of hazardous substances. animal wastes. sewaqe sludqe. fertilizers. other chemical or biological hazards, dangerous wastes as defined in WAC Chapter 173-303, or any other substances. solids. or liquids in qlantities identified by 34 Kittitas County Public Health as a risk to oroundwater quality. shall be desioned and constructed to: a. Prevent the release of such substances to the oround. ground waters. or surface waters: b. lnclude an impervious containment area with a volume greater than the volume of the storaqe tank or vault to avoid an overflow of the containment area:c. Provide for release detection: d. Provide written spill response and soill notification procedures to the local fire district: e. Use material in the construction or lininq of the storaqe containment area which is compatible with the substance to be stored to protect aqainst corrosion or leakaqe. or otherwise desiqned in a manner to prevent the release or threatened release of anv stored substance:andf. Complv with WAC 173-303 and 173-360 as well as lnternational Buildino Code requirements.2. Gommercialvehicle repair. servicinq. and salvaqinq facilities. Vehicle repair and servicinq activities shall be conducted over impermeable pads and within a covered structure capable of withstanding normally exoected weather conditions. Chemicals used in the process of vehicle repair. servicinq. and salvaoino must be stored in a manner that protects them from weather and provides containment should leaks occur. Drv wells shall not be allowed on sites used for vehicle repair, servicing. and salvaqing. Drv wells existinq on the site prior to facilitv establishment must be abandoned usinq techniques approved bv the Washinqton State Department of Ecoloqy prior to commencement of the proposed development.3. Reclaimed wastewater. Use of reclaimed wastewater must be in accordance with adopted water or sewer comprehensive plans that have been aoproved bv Ecoloqy.4. Other requlated uses. Protection standards for other uses reoulated under KCC 17A.03.030 shall be based on analysis and recommendations contained in the hvdroqeoloqic reports required for specific proiects. 17A.03.050 Reportinq. 1 . When required. Exceot for storaqe tanks. all uses listed in KCC 174.03.030 require Countv review and approval of a special hvdroqeoloqical assessment prepared bv a qualified professional. 2. Contents. fiqhydraqeological assessment shall include the general critical areas report requirements of KCC 174.01.080 in addition to the followinq a. Geologic settinq and soils information for the site and surroundinq area: b. Water qualitv data. includinq pH, temperature. dissolved oxyoen, conductivit.v. nitrates. and bacteria:c. Location and depth of perched water tables:d. Recharqe potential of site (permeabilityitransmissivity): e. Hvdroloqic budqet;f. Local sroundwater flow. direction. and qradient:q. Location. depth. and other water qualitv data on the three (3) shallowest wells or sprinqs located within one thousand (1,000Ueet of the site: h. Potential impacts to wellhead protection areas located within the site:i. Surface water locations within one thousand (1,000) feet of the site;i. Discussion of the effects of the proposed development on qroundwater qualitv and quantitv: k. Recommendations on aporopriate mitioation. if any. to assure that there shall be no measurable exceedance of minimum state oroundwater quality standards or measurable reduction in available quantitv of groundwater:l. Emeroency manaqement plan: and 35 m. Containment release detection. 36 Ghapter 17A.04 FISH AND WILDLIFE HABITAT CONSERVATION AREAS Sections: 17A.04.010 Purpose and lntent. 17A.04.020 Desiqnation.Mappinq. 17A.04.030 Buffers. 17A.04.040 General Protection Standards. 17A.04.050 PermittedAlterationsand Development. 17A.04.060 Reportino. 174.04.070 MitiqationRequirements. 17A.04.010 Purpose and lntent. The purpose of this chapter is to identify, desiqnate. and orotect reoulated critical fish and wildlife species and habitats. including anadromous species and their habitats. consistent with best available science. 17A.04.020 Desiqnation. and Mappins.and Classification.1. Desiqnation. Fish and wildlife habitat conservation areas include: a. Waters of the state. b. Areas with which federallv-desiqnated endanqered. threatened. and sensitive fish and wildlife species have a primarv association. The U.S. Fish and Wildlife Service and the National Marine Fisheries Service should be consulted for current federal listinq status.c. Areas with which state-desiqnated endanqered. threatened. and sensitive fish and wildlife species have a primary association. The Washinqton State Department of Fish and Wildlife should be consulted for current state listinq status.d. State prioritv habitats and areas associated with state prioritv species. The state Deoartment of Fish and Wildlife should be consulted for current listinq of prioritv habitats and species.e. Habitats and species of local importance. Kittitas Countv recoqnizes that the prioritv habitats and species designated bv the Washinqton Department of Fish and Wildlife that occur within the Countv are locallv important and are herebv desiqnated as habitats and species of local importance.f. Naturally occurring ponds smaller than twentv (20) acres.g. Lakes. ponds, streams. and rivers planted with qame fish by a oovernment or tribal entitv. h. State natural area preserves. natural resource conservation areas. Natural area preserves and natural resource conservation areas are defined, established. and manaqed bv the Washington State Department of Natural Resources.i. State wildlife areas. State wildlife areas are defined. established. and manaqed bv the Washinqton State Department of Fish and Wildlife.2. Mappinq. The aoproximate location and extent of fish and wildlife habitat conservation areas are shown on the County's critical area maps or other BAS sources. such as the WDFW Prioritv Habitats and Species maps. the United States Fish and Wildlife Service. and the NOM Fisheries critical habitat maps. These maps are to be used as a quide and do not provide deflnitive information about fish and wiblife habitat conservation area size or presence. Fish and wildlife habitat conservation areas mav exist that do not appear on the maps. The Countv shall update the maps periodically as new fish and wildlife habitat conservation areas are identified and as new information becomes available. 37 3. Habitat boundarv survev. lf the Director determines that a fish and wildlife habitat conservation area may be present within the project vicinity. he/she may require the habitat area to be delineated and/or mapoed by a qualified professionalwho is knowledgeable about fish and wildlife habitat conservation areas within Kittitas Countv. or confirmed bv the Washinqton Department of Fish and Wildlife. The existino maos showino the locations of fish and wildlife habitat conseruation areas are coarse-scaled. and for planninq purposes only. A survey performed bv a qualified bioloqist mav be necessarv to determine the precise boundarv of a habitat area. Unless otherwise defined in this Chapter. the boundarv of aquatic habitats shall be the ordinarv hiqh water mark of the waterbodv. The manaqement recommendations for Washinqton's prioritv habitats and species or federal equivalent should be used as a toolfor identifuinq and delineatinq fish and wildlife habitat boundaries. The Countv mav waive this requirement if there is adequate information available on the area proposed for develooment to determine the impacts of the proposed develooment and appropriate mitioatino measures. 4. Waters of the state classification. For purposes of this Chapter, Kittitas Countv herebv adoots the water typinq system specified in WAC 222-16-030. as described below: a. Type S: allwaters, within their ordinary hiqh water mark. meeting the criteria as "shorelines of the state" and "shorelines of statewide siqnificance" under RCW Chapter 90.58. The current list of Shoreline waters. alonq with their specific shorelines environments. is provided in the Kittitas Countv Shoreline Master Program (KCC Title 17B). Tvpe S streams and lakes are protected bv the Shoreline Master Proqram. rather than through this Title. b. Tvpe F: seqments of naturalwaters other than Tvpe S Waters. which are within the bankfull widths of defined channels and periodicallv inundated area of their associated wetlands. or within lakes. ponds. or impoundments havino a surface area of 0.5 acre or qreater at seasonal low water and which in any case contain fish habitat.c. Type Np: all seqments of natural waters within the bankfull width of defined channels that are perennial non-fish habitat stream. Perennial stream waters do not oo dry any time of a vear of normal rainfall. However. for the purpose of water tvpinq, Tvpe Np Waters include the intermittent drv portions of the perennial channel below the uppermost point of perennial flow. d. Tvpe Ns: All seqments of natural waters within the bankfull width of the defined channels that are not Tvpe S. F. or Np waters. These are seasonal. non-fish habitat streams in which surface flow is not oresent for at least some portion of a vear of normal rainfall and are not located downstream from any stream reach that is a Tvpe Np. F or S Water. Ns Waters must be upstream from and phvsicallv connected by an above-qround channel system to Type S. F. or Np Waters. MAC 222-76-030J 17A.04.030 Riparian Manaqement Zones and Buffers. 1. Purpose. Riparian Manaqement Zones (RMZs) and Buffers shall be established and maintained to protect fish and wildlife habitat conservation areas. RMZs refer to areas established and maintained to protect streams. Buffers refer to areas established and maintained to protect nonaquatic fish and wildlife habitat conservation areas.2. Measurement. RMZs for streams shall be measured in all directions from the ordinary hiqh water mark (OHWM) as identified in the field. Buildinq setbacks (17A.01090.5) are in addition to RMZs and buffers and are measured outward from the edqe of the RMZ or buffer boundary. (See 174.04.030(8) for information reqardinq nonaquatic fish and wildlife habitat conservation area buffers.)3. RMZ and Buffer Gondition. RMZs and buffers shall be maintained in a predominantlv well- veoetated and undisturbed condition to ensure that they perform their intended function of 38 protectino the FWHCA. Tree removal is prohibited in RMZs and FWHCA buffers other than in accordance with 17A.01 .050.3 j. 4. Standard Riparian Manaqement Zones for Waters of the State. Table 17A.04.030-4 Standard RMZ Widths Kittitas County Nonshoreline Rivers. Streams. Lakes and Ponds 01 Stream Tvpe Riparian Manaqement Zone Widthsl'2 Cascade Ecoreqion (feet) Columbia Plateau Ecoreqion (feet) Tvpe S (Shoreline)See the SMP See the SMP Type F 150 100 Tvpe Np 100 65 Tvpe Ns 50 40 1 1 lnterrupted RMZs: When a fish and wildlife habitat conservation area RMZ contains an existinq leqallv established public or private road. the Director mav allow an alteration or development on the landward side of the road provided that the alteration or development will not have a detrimental impact to the habitat area. The Director mav require a habitat manaoement plan if - after considerinq the hvdroloqic. oeoloqic. and/or biolooical habitat connection potential and the extent and permanence of the buffer interruption - such a plan is deemed necessarv to confirm the lack of detrimental impact on the habitat area. 2 Multiple RMZs: ln the event that RMZs for any fish and wildlife habitat conservation area are contiquous or overlappinq. the most protective of the collective RMZs shall applv. 3 The Cascade and Columbia Plateau Ecoreqions are derived from the Water Resource lnventorv Areas (WRIA) 38. 39. and 40 ecoreqion boundaries. The Cascade Ecoreqion includes North Cascades. Cascades. and Eastern Cascade Slopes and Foothills ecoreqions. The Columbia Plateau Ecoreqion includes the shrub-steppe ecoreqion known as the Columbia Plateau. 5. lncreased RMZs. The Director shall increase the fish and wildlife habitat conservation area RMZ width where the standard RMZ is inadequate to prevent sionificant adverse environmental imoacts or to address hazards associated with the site or the proposed alteration or development. The Director may increase the buffer up to a maximum of two times the standard width. The Director shall consider increasino the RMZ when anv of the following conditions are present: a.The composition, quality and density of the buffer vegetation is insufficient to protect the habitat area: b.There is evidence of historical or current susceptibilitv to severe erosion. channel instabilitv. or aggradinq: c.There are multiple channels or islands present: or d.The land adiacent to the ordinarv hiqh water mark and extendinq throuqhout the standard habitat buffer is steeply sloped (qreater than forty percent (40%) slope) and there are no desionated landslide hazards such that an increased buffer mav be required to protect ecolooicalfunctions. 39 6. Riparian Manaqement Zone or Buffer averaqina. The Director mav allow averaoino of the standard RMZ or buffer widths of fish and wildlife habitat sites in accordance with an approved habitat management plan on a case-bv-case basis. With RMZ or buffer averaging. the RMZ or buffer width is reduced in one location and increased in another location to maintain the same overall standard area. Proposals for RMZ or buffer averaging shall meet all the followino: a. The Fish and wildlife habitat conservation area RMZ or buffer has not been averaoed or reduced bv anv prior actions administered by Kittitas Countv:b. No feasible site desiqn could be accomplished without buffer averaqinq:c. The RMZ or buffer averaqinq will not reduce habitat functions or adverselv affect anadromous fish habitat: d. The minimum width of the RMZ or buffer at any qiven point is at least seventy- five percent (75%) of the standard width. or thirty (30) feet. whichever is oreater: and e. The area that is added to the RMZ or buffer to offset the reduction is well- veqetated or will be denselv planted with native veqetation alonq with monitoring and manaqement to ensure that it becomes so. The Director may require such native veqetation enhancement if needed to ensure this criterion is met. 8. Buffers for non-aquatic habitats. Aopropriate site- and species-specific buffers for nonaquatic fish and wildlife habitat conservation areas shall be based uoon best available science. and recommendations bv the Washinqton Deoartment of Fish and Wildlife or a qualified professional bioloqist. Buffers will be measured in all directions from the habitat boundary. as mapped by the Washinqton State Department of Fish and Wildlife or qualified professional pursuant to 17A.04.020 and verified bv the Director.a. lnterrupted Buffers: When a fish and wildlife habitat conseruation area buffer contains an existinq leqallv established public or private road and/or a leqallv established development which creates a siqnificant interruption of buffer function. the Director mav allow an alteration or development on the opposite side of the road from the habitat area provided that the actions will not have a detrimental impact to the habitat area. The Director may require a habitat manaqement plan if - after considering the hvdroloqic. qeoloqic. and/or bioloqical habitat connection potential and the extent and permanence of the buffer interruotion - such a plan is deemed necessary to confirm the lack of detrimental impact on the habitat area. b. Multiple buffers: ln the event that buffers for any fish and wildlife habitat conservation area or other critical area (includinq RMZs) are contiouous or overlapping. the most protective of the collective buffers shall apply. 17A.04.040 GeneralProtectionStandards. 1. Alterations. All alterations and development shall be prohibited from fish and wildlife habitat conservation areas and their buffers, except in accordance with this Title. A fish and wildlife habitat conservation area. RMZ. or buffer mav be altered onlv if the proposed alteration of the habitat and/or any required compensatorv mitiqation does not deorade the functions and values of the habitat. 2. Mitisation requirement. Mitiqation of alterations to fish and wildlife habitat conservation areas and their buffers shall meet the requirements of KCC 174.04.030. 3. Anadromous fish. All alterations and development proposed to be located in aquatic fish and wildlife habitat conservation areas used by anadromous fish or in areas that affect such aquatic habitat areas shallqive special consideration to the preservation and enhancement of anadromous fish habitat. includino. but not limited to. adherino to the following standards: a. An alternative aliqnment or location for the alteration or development is not feasible: 40 b. The alteration or development is desioned so that it will not deorade the functions or values of the fish habitat or other critical areas:c. Stream bank erosion control measures shall be desioned to use bioengineering methods or soft armorinq techniques. accordinq to the WDFW lnteorated Stream Bank Protection Guidelines (WDFW. 2003) (an approved habitat management plan. and d. Anv impacts to the functions or values of the aquatic fish and wildlife habitat conservation area are mitigated in accordance with a habitat manaoement plan. 4. Timinq restrictions. a. Fish. ln-water work alteration or development shall be timed to occur onlv durinq the allowable work window as desiqnated bv the Washinqton State Department Fish and Wildlife (WDFW) for the applicable species and aquatic fish and wildlife habitat conservation area tvpe. b. Wildlife. The County shall impose limitations on construction activities durinq breedinq and/or nestino periods for priority species when necessary to protect the species and avoid adverse impacts. Appropriate timino restrictions for wildlife species shall be based upon best available science and WDFW recommendations. 17A.04.050 PermittedAlterationsandDevelopment. The followinq alterations and development mav be permitted in fish and wildlife habitat conservation areas and/or their riparian manaqement zones or buffers when all feasible measures have been taken to avoid and mitigate adverse effects on species and habitats and a net loss of habitat functions will not occur. 1. Clearins and qradins. When clearinq and qradinq is permitted in a fish and wildlife habitat conservation area or its associated RMZ or buffer as part of an authorized alteration or development or as other allowed in these standards. the followino shall apply:a. Gradinq is allowed only durino the drv season, as determined bv the Director:b. Clearinq and oradino shall be limited to the minimum necessarv to accomplish the alteration or development: andc. Erosion and sediment control will meet or exceed the standards set forth in the current version of the Stormwater Manual for Eastern Washinqton.2. Stream bank stabilization. Stream bank stabilization and protection shall be permitted subiect to all the followinq standards. and those standards described in WDFW's lnteqrated Streambank Protection Guidelines (WDFW, 2003). WDFW's 2012 Stream Habitat Restoration Guidelines (SHRG). and KCC 17A.01.120.4:a. Natural riverine processes. includinq channel miqration. will be maintained to the maximum extent practicable; b. The alteration or development will not result in increased erosion and will not alter the size or distribution of stream substrate:c. Nonstructural measures. such as placino or relocatinq the develooment further from the aquatic habitat area. plantino veqetation. or installinq on-site drainaoe improvements. are not feasible or not sufficient to orotect the stream bank:d. Stabilization is achieved throuqh bioenqineerinq or soft armorinq techniques: ande. Hard bank armorinq mav occur only when the propertv contains a primarv. alreadv existino. Ieqally-established. permanent structure. which is unable to be relocated. that is in danqer from erosion caused bv riverine processes. as documented in a qeotechnical analysis prepared bv a qualified professional. The armorinq shall not expand bevond the oriqinal structural footprint. unless necessarv to protect existinq permanent buildings. roads or utility infrastructure adjacent to the bank. and shall not increase erosion or floodinq on adjacent properties. 3. Docks and launchinq ramps. Construction. reconstruction. repair. and maintenance of docks and public or private launchino ramps are subject to all the followino. and those standards described in KCC 17A.01.120.4: 41 a. The dock or ramo is located and oriented and constructed in a manner that minimizes adverse effects on water quality. movement of aquatic and terrestrial life. ecological processes, spawning habitat. and wetlands: b. Docks and ramps shall meet or exceed all relevant state and federal oermit requirements; andc. No adverse impact to fish or wildlife habitat areas or associated wetlands will occur.4. Roads. trails. bridges. and rights-of-wav. Construction of trails. roadwavs. and bridges throuqh or across streams, other fish and wildlife habitat conservation areas and/or their RMZs or buffers are subiect to all the followinq. and those standards described in WDFW's Water Crossinq Guidelines and KCC 17A.01.120.4: a. There is no other feasible alternative route with less impact on the fish and wildlife habitat conservation area; b. The crossinq minimizes interruption of downstream movement of wood. ice, sediment, and the movement of all fish and wildlife. Bridqes are preferred for all stream crossinqs and should be desiqned to maintain the existinq stream substrate and qradient. provide adequate horizontal clearance on each side of the ordinarv high water mark. and orovide adequate vertical clearance above the ordinarv high water mark: e . Roads within a stream buffer shall not run parallel to the water body when there is an alternative aliqnment that has less adverse effect on stream functions; d. Trails shall be located on the outer edqe of the fish and wildlife habitat conservation area buffer. except for limited viewinq platforms and at the crossinq. and shall use pervious materials where feasible: e. Stream crossings. where necessarv. shall be perpendicular with the stream. or as close to perpendicular as possible. and shall be the minimum width necessarv. Common or shared crossinos are the preferred approach where multiole properties can be accessed by one crossinq: andf. Culverts and bridqes shall be desiqned accordino to applicable state and federal ouidance criteria for fish passaoe as identified in Fish Passaqe Desiqn at Road Culverts, WDFW. 2003. and/or the National Marine Fisheries Services Guidelines for Anadromous Salmonid Passaqe Facilitv Desiqn. 2011. (and subsequent revisions) or WDFW's Water Crossinq Desiqn Guidelines (WDFW. 2013). The applicant or propertv owner shall maintain fish passaqe throuqh the culvert. 5. Utilitv facilities. New utilitv lines and facil mav cross streams or Fish and wildlife habitat conservation areas if thev complv with the followinq standards, and those standards described in KCC 17A.01.120.4: a. There is no other feasible alternative route with less impact on the Fish and wildlife habitat conservation area: b. lnstallation at a stream crossinq shall be accomplished by borinq beneath the scour depth and hyporheic zone of the stream and the entire channel miqration zone width. where feasible: c. Where borino under the channel is not feasible. the utilities shall cross at an anqle of no less than sixtv (60) deqrees. but as close to ninetv (90) deorees as oossible. relative to the centerline of the channel: d. Crossinos shall be contained within the footprint of an existing road, bridge or utility crossinq where possible: e. The utilitv route shall avoid parallelinq the stream or following a down-vallev course near the channel: andf. The utility installation shall not increase or decrease the natural rate of channel miqration. 42 6. lnstream structures. lnstream structures shall onlv be allowed as part of a Countv- approved restoration proiect. The structure shall be designed to avoid modifying flows and water oualiV in ways that may adversely affect habitat conservation areas. 7. Stormwater convevance and discharqe facilities. Stormwater convevance or discharoe facilities such as dispersion trenches. level spreaders. and outfalls may be placed within the outer 25% of a standard fish and wildlife habitat conservation area buffer on a case-bv-case basis when the Director determines that allthe followinq are met:a. Due to topoqraphic or other phvsical constraints. there are no feasible locations for flraoa fanilifiac nr rloir.l e the standa rA anrl rrrildlifo hehilef nnncanrafinn hr rffar' b. The discharqe is located as far from the ordinarv hiqh water mark (OHWM) as possible and in a manner that minimizes disturbance of soils and veqetation:c. The discharoe outlet is located in the outer 25% of the standard buffer and is desiqned to prevent erosion and promote infiltration: andd. The discharoe meets state water quality standards. includino total maximum daily load (TMDL) standards as appropriate at the point of discharqe. B. Onsite sewage systems and wells.a. New on-site sewage systems and/or individualwells may be placed within standard aquatic fish and wildlife habitat conservation area buffers onlv if:i. There are no alternative locations outside of the buffer:ii. lt complies with all state and local requlations: and iii. The onsite sewaqe system and/or well is accessory to an approved residential structure. for which it is not feasible to connect to a public sanitarv sewer system. and is subiect to approval bv the Director on a case bv case basis. b. Repairs to failinq on-site sewaqe systems associated with an existinq structure shall be accomplished by utilizinq one of the followinq methods that result in the least impact:i. Connection to an available public sanitary sewer slrstem:ii. Reolacement with a new on-site sewaqe svstem located in a portion of the site that has alreadv been disturbed by development and is located landward from the habitat area as far as possible. provided the proposed sewaoe svstem is in compliance with the Kittitas Countv Health Department: or iii. Repair to the existinq on-site septic svstem. 17A.04.060 Reportinq. 1. When required. lf a proposed development is located within or adiacent to a known or suspected fish and wildlife habitat conservation area. the Director shall require the applicant to submit a habitat manaoement plan prepared by a qualified professional, defined in KCC 17A.02.620. which includes the information listed in this section. The requirement to provide a habitat manaqement plan for fish and wildlife habitat conservation areas mav be waived on a case bv case basis if the Director determines that there are no potential direct and/or indirect impacts on desiqnated species or habitats that would result from the proposed develooment.2. Gontents. When required bv this chapter. habitat manaqement plans for habitat conservation shall include the qeneral critical areas report requirements. as described in KCC 174.01.080. in addition the followinq: a. ldentification of any state or federal endanqered. threatened. sensitive, or candidate species that have a primary association with habitat on the proiect area:b. Map showing the location of the ordinary hioh water mark and/or locations of fish and wildlife habitat conservation area(s) and their buffers in accordance with KCC 174.04.020: 43 c. The veqetative, faunal. topooraohic. and hvdrolooic characteristics of the fish and wildlife habitat conservation area ;d. A discussion of any federal. state. or local special manaoement recommendations. includinq Washington Department of Fish and Wildlife habitat manaqement recommendations. that have been developed for species or habitat located on or adiacent to the proiect area: e. A detailed discussion of the direct and/or indirect potential impacts on the fish and wildlife habitat conservation area bv the proiect. Such discussion shall include a discussion of the ongoinq manaqement practices that will protect habitat after the proiect site has been developed:f. The seneral mitiqation plan requirements of KCC 17A.01.080 as well as the fish and wildlife habitat conservation area mitiqation requirements of KCC 17A.04.070. if the alteration or develooment will result in unavoidable impacts to fish and wildlife habitat conservation areas: andq. Methods and measures to avoid. minimize and/or compensate for adverse impacts associated with the oroposed development. includinq. but not limited to:i. Prohibition or limitation of use. alteration. and development within the fish and wildlife habitat conservation area:ii. Retention of veqetation and/or re-veqetation of areas/habitats criticallv important to species: iii. Special construction techniques: iv. lmplementation of erosion and sediment control measures:v. Habitat restoration or enhancement (e.q.. fish passage barrier removal): vi. Seasonal restrictions on construction activities on the subiect propertv: vii. Clusterinq of alterations or development on the subject property: and viii. Any other requirements and/or recommendations from federal, state. or local special manaqement recommendations. includino the Washinqton State Department of Fish and Wildlife's habitat manaoement quidelines. 17A.04.070 Mitiqation Requirements. 1. General Mitiqation Requirements. Mitioation for alteration or impacts to fish and wildlife habitat conservation areas shall achieve equivalent or oreater biological functions and shall include mitiqation for adverse impacts upstream and downstream of the development proiect site. Mitigation shall address each functional attribute affected bv the alteration to achieve functional equivalencv or improvement on a per function basis. Mitiqation elements mav include. but are not limited to: restoration of previouslv deqraded areas and kev habitat features: restoration of riparian veqetation communities to provide shade and larqe woodv debris: addition of larqe woodv debris: and installation of upland habitat features.2. Buffer for aquatic habitat conservation mitiqation sites. AnV aquatic fish and wildlife habitat conservation area that is created. restored. or enhanced as compensation for aooroved alterations shall be assiqned the same buffer as would be required for the cateoory of the oriqinal aquatic fish and wildlife habitat conservation area. 3. Tvpe of mitisation required. ln determininq the extent and tvpe of mitiqation reouired. the Director mav consider allthe followinq: a. The ecoloqical processes that affect and influence habitat structure and function within the watershed or sub-basin: b. The individual and cumulative effects of the action upon the functions of the critical area and associated watershed:c. Observed or predicted trends reqarding the qains or losses of specific habitats or species in the watershed. in liqht of aqqregated natural and human processes: d. The likely success of the oroposed mitiqation measures:e. Effects of the mitiqation actions on neiqhborinq properties: and 44 f. Opportunities to imolement restoration actions formallv identified by anv of the following plans (or equivalent plans): an adopted shoreline restoration plan: a watershed planning document prepared and adopted pursuant to Chapter 90.82 RCW: and/or a salmonid recovery plan or project that has been identified on the Salmon Recovery Board Habitat Proiect List or bv the Washington State Department of Fish and Wildlife as essential for fish and wildlife habitat enhancement.4. Timinq. Where feasible. mitiqation proiects shall be completed prior to or concurrentlv with permitted and approved alterations and development that will disturb flsh and wildlife habitat conservation areas. ln all other cases. as approved bv the Director. mitiqation shall be completed as quicklv as possible followinq disturbance and. aside from monitorinq requirements. shall be completed prior to use or occupancv of the alteration or development. Construction of mitiqation proiects shall be timed to reduce impacts to existinq fish, wildlife and flora: provided. that the Director mav adiust the timinq requirements to allow qradinq. plantinq. and other alterations to occur durinq the appropriate season(s).5. Location. Compensatory mitiqation shall be provided on-site or off-site in the location that will provide the oreatest ecoloqical benefit to the species and/or habitats affected and have the greatest likelihood of success. Mitigation shall occur as close to the impact site as possible. within the same sub-basin. and in a similar habitat tvpe as the permitted alteration unless the applicant demonstrates to the satisfaction of the Director throuqh a watershed- or landscape-based analvsis that mitiqation within an alternative sub-basin of the same watershed would have qreater ecoloqical benefit.6. Desion. Mitioation oroiects involvino i r work includinq. but not limited to, stream relocation and installation of enqineered large woodv debris structures shall be orofessionallv engineered and designed to ensure there are no adverse hvdraulic effects on upstream or downstream properties. and shall comply with all applicable permits such as a hvdraulic project approval (HPA) from the WA Department of Fish and Wildlife. 45 Ghapter 17A.05 FREQU ENTLY FLOODED AREAS Sections: 17A.05.010 Purpose and lntent. 174.05.020 Classification. desiqnation and mappinq. 17A.05.030 ProtectionStandards. 17A.05.040 Reportinq. 17A.05.050 CompensatorvMitiqation Requirements. 17A.05-0{0 Puroose and lntent- It is the purpose of this chapter to reduce the risk to life. property damaqe. and public facilities that result from floods: mitiqate flood hazards that may be exasperated by climate chanqe: and to orotect fish and wildlife habitat conservation areas that occur whollv or oartiallv within frequentlv flooded areas. f 7A.05.020 Glassification. desiqnation. and Mappinq. 1. Mapped areas. All lands classified as floodwav or special flood hazard areas in the Federal Emerqencv Manaqement Aoencv report titled "The Flood lnsurance Studv for the Countv of Kittitas Countv" dated November 5. 1980. as now or hereafter amended. with accompanvinq Flood lnsurance Rates and Boundarv Maps. are desiqnated as frequently flooded areas. The strrdv ancl mens are on file at Kittitas Cornfu 2. Other areas. The Flood lnsurance Study maps mav not show all potential flood hazard areas. Kittitas County may desiqnate unmapped frequently flooded areas. Such desiqnations mav be appealed pursuant to KCC 14.08.160. The Director's desiqnation of an unmapped frequently flooded area shall be based upon the followino criteria:a. Documented history of floodinq:b. Presence of alluvial fan hazards and/or channel mioration zones:c. Evidence of stream channel instability and susceptibility to erosion. and/ord. High groundwater flood hazards 174.05.030 ProtectionStandards. 1 . Avoidance. All new development shall be located outside of frequently flooded areas. if at all possible and will follow the standard mitiqation sequencinq process. as defined in KCC 17A.01.100. 2. Floodplain storaqe. New uses or developments shall not reduce the effective flood storaqe volume, alter the direction of flood flows. or concentrate flood flows within a frequentlv flooded area. lf proposed oradinq. fill. or other alteration or development would reduce effective flood storase volume. then flood storaqe mitiqation per KCC 174.05.050 is required. 174.05.040 Reportins. The Director's aoproval of a new use or develooment within a frequentlv flooded area shall be continqent upon reporting that meets the requirements of KCC 14.08.1 10 throuqh KCC 14.08.130. the qeneral criticalareas report requirements of KCC 174.05.040. and the followinq: 1. The nature. location. dimensions. and elevations of the oroject property: 2. Names and location of all lakes. water bodies. streams. and drainaqe facilities within three hundred (300) feet of the site: 3. The proposed drainaoe svstem includino. but not limited to, storm sewers. overland flow paths. detention facilities. and roads: 46 4. Existino and proposed structures. fill. pavement. and other imoervious surfaces. and locations for storaoe of hazardous materials:5. Existing native vegetation and proposed clearing limits: and6. lf the proposed development involves qradinq, excavation, or filling, include proposed post-development terrain at one (1) foot contour intervals. 17A.05.050 GompensatorvMitiqationRequirements. 1. Floodplain storage. lf development occurs within a frequentlv flooded area. the volume of soace occuoied bv the authorized fill or below the base flood elevation shall be comoensated for and balanced bv a hvdrau lv eouivalent volume of excavation taken from below the base flood elevation. Compensatorv storaqe shall complv with KCC 14.08.315 and the followinq: a. Provide equivalent volume at equivalent elevations to that beino displaced. For this purpose. "equivalent elevation" means havino similar relationship to ordinary hiqh water and to the best available ten (1O)-vear. fifty (SO)-year, and one hundred (100)- vear water surface profiles: b. Provide flood storaqe that is hvdrologically connected to the source of floodinq:c. Provide flood storaoe in an area that is veqetated:d. Consider the existinq and future ecoloqical hvdroloqic functions of the impact and mitiqation sites;e. Result in no net rise of flood elevations (when the mitiqation will occur at a distance from the fill location):f. Areas below the waterline of a pond or other bodv of water cannot be credited as compensatory storage:q. Provide flood storage in the same construction season as when the displacement of flood storaqe volume occurs and before the flood season beqins: andh. lf the newly created storaoe area is accessible to fish durinq flood events. the area shall be desioned. qraded. and maintained to prevent fish strandinq.2. Floodplain storaqe site selection. The order of preference for selectino floodplain storaoe sites shall be: a. Onsite flood storaqe: b. Off-site flood storaoe in close proximity upstream or downstream of the floodplain fill location: andc. Off-site flood storaqe in a location further upstream or downstream of the floodplain fill location.3. Floodplain storaqe mitiqation plans. When required bv KCC 174.05.050.2. floodplain storaqe mitiqation plans shall be orepared by an enoineer or oeolooist licensed in the state of Washinqton and address the oeneral mitiqation plan requirements of KCC 17A.01.080 as well as the followinq:a. Potential that materials mav be swept durinq floodinq onto other lands to the detriment of others: b. Actual danger to life and property if flooding or erosion occurs:c. Susceptibilitv of the proposed development and its contents to flood damaoe:d. Availabilitv of alternative locations for the proposed development which are not subiect to flood or erosion damaqe:e. Relationship of the proposed develooment to anv comprehensive flood hazard manaqements plans adopted pursuant to RCW Chapter 86.12:f. Safetv of access to the propertv in times of floodinq for ordinary and emerqencv vehicles:q. Expected heiqhts. velocity. duration. rate or rise. and sediment transport of the flood waters and the effects of wave action at the site: h. Costs of providinq oovernmental services durinq and after flood conditions. including maintenance and repair of public utilities and facilities: 47 i. Location and extent of storaoe area for floodwater which will be displaced bv the proposed development: andi. The risk to public and private oroperty and oublic health. safety. and welfare due to rising of water levels: potential for ice jams and resultinq chanoes to stream flow patterns: shifting of stream channels (includino related erosion): and costs to individuals and the qeneral public for items which are not insured. such as: loss of productivitv due to closed roads: risk to emeroencv response workers: loss of uninsured orooertv (cars. landscaoino-): and habitat damaqe as a result of loss of riparian zones and floodplain function. 48 Ghapter 17A.06 GEOLOGICALLY HAZARDOUS AREAS Sections: 17A.06.010 Purpose and lntent 174.06.020 Desiqnation.Classification.andMappino 174.06.030 General Protection Standards 17A.06.040 Landslide Hazard Area Standards 17A.06.050 Erosion Hazard Area Standards 174.06.060 Alluvial Fan Hazard Standards 17A.06.070 SeismicHazardStandards 174.06.080 Volcanic Hazard Areas 174.06.090 Mine Hazard Areas 174.06.100 Reportinq 17A.06.010 Purpose and lntent The purpose of this Chapter is to protect human life and safety. prevent damage to structures and propertv, and minimize impacts to water qualitv and fish and wildlife caused bv qeoloqic hazards. 17A.06.020 Desiqnation. Classification. and Mappinq 1. Desiqnation. Lands classified as landslide. erosion (includinq channel miqration zones), alluvialfan. seismic. and mine hazard areas. are herebv designated as geologically hazardous areas.2. Classification. a. Potential Landslide Hazard Areas. Landslide hazard areas shall include areas potentially subject to landslides based on a combination of qeoloqic. topoqraphic. and hvdrolosic factors. They include any areas susceptible because of anv combination of bedrock. soil. slope (qradient), slooe aspect. structure. hvdroloqy. or other factors. Potential landslide hazard areas include but are not limited to the followinq areas:i. Areas of historic failures: ii. Areas desiqnated as quaternary slumps. earth-flows. mudflows. or landslides on maps published bv the U.S. Geoloqical Survev or Washinqton State Department of Natural Resources; iii. Areas with all three (3) of the followino characteristics: 1. Slopes steeper than fifteen percent (15%): 2. Hillsides intersectinq qeoloqic contacts with a relatively permeable sediment overlyinq a relatively impermeable sediment or bedrock: and 3. Sprinqs or groundwater seepaqe; iv. Areas that have shown movement and/or are underlain or covered bv mass wastaqe debris: v. Slopes that are parallel or sub-parallel to planes of weakness (which may include but not be limited to bedding planes. soft clay lavers. joint systems. and fault planes) in subsurface materials: vi. Slopes havino qradients steeper than eiqhty percent (80%) subject to rock fall during seismic shakino: vii. Areas that show evidence of, or are at risk from snow avalanches: and viii. Any area with a slope of fortv oercent (40%) or steeper and with a vertical relief of ten (10) or more feet exceot areas composed of competent bedrock. 49 A sloLe is delineated by establishinq its toe and top and measured by averaginq the inclination over at least ten (10) feet of vertical relief: ix. Potentially unstable slopes resulting from river erosion or undercuttinq: x. Areas that show past slouqhing or calving of sediment or rocks resultinq in a steep slope that is poorlv veqetated: xi. Deep-seated landslide areas characterized bv one or more of the following features: scallooed ridqe crests at the top of the slooe. crescent shaped depressions. head scarps. side scarps. ponds or saq areas on mid slopes. benches and scarps on mid slope areas. hummockv oround, linear fractures in the oround. These features mav be evident in aerial imaqes, topooraphic maps. L|DAR imaqerv or on the qround: xii. Areas below unstable slopes or that have been identified as landslide hazard areas that could be impacted by landslide run out: and xiii. Areas above or adiacent to unstable slopes that could be impacted if the landslide area expands. b. Potential Erosion Hazard Areas. Erosion hazard areas shall include areas containinq soils that mav experience sionificant erosion. including:i. Soil areas identified by the Natural Resources Conservation Service as havinq "severe" or "very severe" erosion hazard.ii. Slopes fortv percent (40%) or steeper with a vertical relief of ten (10) or more feet. except areas composed of consolidated rock. iii. Concave slope forms equalto or greater than fifteen percent (15%) with a vertical relief of ten (10) or more feet. except areas composed of consolidated rock. iv. Channel mioration zones. which are defined as the areas alonq a river or stream within which the channel(s) can be reasonably predicted to miqrate over time as a result of natural and normally occurrinq hydroloqical and related processes when considered with the characteristics of the river and its surroundinqs.c. Alluvial Fan Hazard Areas. Alluvialfan hazard areas shall include those areas on alluvial fans where debris flows. debris floods. or clear water floods have the potential to significantlv damaoe or harm the health or welfare of the community. Thev include the area qenerallv correspondinq to the path of potential floodinq. channel chanqes. sediment and debris deposition. or debris flow paths as determined bv analvsis of watershed hvdroloqv and slope conditions, topographv. valley bottom and channel conditions. ootential for channel chanqes. and surface and subsurface qeoloqv. i. lf the approval authority determines that a proposed use alonq a Tvpe S or F stream is within a historic channel miqration zone. based on field conditions. historic information. LIDAR imaqery or aerial photoqraphy. and the one- hundred-year channel miqration hazard area has not been mapped. the approval authority shall require the applicant to determine if a one-hundred- vear channel miqration hazard area is present on the site and. if so, delineate its location and extent. ii. The determination as to whether the one-hundred-vear channel miqration hazard area affects the subject propefty shall be based on the findings of a qualified professional proficient in fluvial qeomorpholoqv usinq a reliable methodoloqv to determine channel miqration accepted bv the department (e.9.. as described in the Washinoton Department of Natural Resources' Forest Practices Board Manual. Standard Methods for identifuinq Channel Miqration Zones and Bankfull Channel Features. dated 8/2001, as amended: or in "A Framework for Delineatinq Channel Mioration Zones." Washinqton Department of Ecolooy. 2003, as amended). Maps delineatino the one- 50 hundred-vear channel mioration hazard area shall be of a scale and format specified by the department.d. Seismic Hazard Areas. Seismic hazard areas shall include areas subject to severe risk of damage as a result of earthquake induced qround shakinq. slope failure. settlement. soil liquefaction. lateral spreadinq. or surface faultino. e. Volcanic Hazard Areas. Volcanic hazard areas shall include areas subiect to pvroclastic flows. lava flows. debris avalanche. inundation bv debris flows. mudflows. or related floodinq resultinq from volcanic activitv. There are no active or dormant volcanoes located within Kittitas however. Mount Rainer and Mount St. Helens are relativelv near. Hazards to Kittitas Countv residents from these volcanoes are likelv limited to ash deposition.f. Mine Hazard Areas. Mine hazard areas shall include areas underlain bv abandoned mine shafts. secondary passaqes between shaft tunnels. or air vents. Mine hazards include subsidence. which is the uneven downward movement of the qround surface caused by underqround workinqs cavino in: contamination to oround and surface water from tailinqs and underqround workinos: concentrations of lethal or noxious qases: and underqround fires.3. Mappinq. The approximate location and extent of oeoloqicallv hazardous areas are shown on maps maintained bv the Countv. These maps are useful as a guide for proiect applicants and/or propertv owners but do not provide a conclusive or definitive indication of qeoloqicallv hazardous area presence or extent. Other geoloqicallv hazardous areas mav exist that do not appear on the maps. and some oeolooically hazardous areas that appear on the maps may not meet the qeoloqicallv hazardous areas desiqnation criteria. The Countv shall update the maps periodicallv as new information becomes available and mav require additional studies durinq the development review process to supplement and/or confirm the mappino. Historic maps showinq the locations of known coal mines within the Countv are available from the Washinqton Department of Natural Resources. 17A.06.030 GeneralProtectionStandards 1. Generallv. New developments shall be located and/or enqineered and constructed to minimize risk to health and safety. protect the buildino and occupants from the hazard. and not increase the risk of landslides or erosion that could imoact either other properties. public resources. or other critical areas such as wetlands and fish and wildlife habitat conservation areas. lf impacts to other properties. public resources or other critical areas cannot be avoided these impacts should be mitiqated for. The Director may impose conditions on alterations and development in a geologically hazardous area as needed to:a. Protect slope stabilitv and minimize erosion, seismic, and/or landslide hazard risks:b. Maintain naturalsediment and erosion processes that are inteqralto the health and sustainabiliV of freshwater ecosystems as well as minimizinq impacts to stream and river processes such as channel infill. channel miqration or floodinq:c. Minimize the potentialfor propertv damaoe related to seismic events. erosion and/or landslides;d. Minimize the need for stream or river bank stabilization in the future:e. Protect human health and safetv: andf. Reduce public liabilities for damaqes associated with seismic events. erosion and/or landslides2. lmpact Avoidance. lmpact avoidance measures shall include, but not be limited to, locatinq the use/development outside of the hazard area. reducinq the number. size or scale of buildinos. drivewavs and other features: altering the confiquration or lavout of the proposed development: using environmentally favorable construction materials: implementinq special enoineering methods for construction. drainaqe. runoff manaoement etc.: foreqoinq construction of accessory structures: preserving native veqetation: and other reasonable measures. 51 3. Location of Alterations. New development shall be directed toward portions of a parcel or parcels under contiquous ownership that are not subject to. or at risk from. geological hazards and/or are outside anv setback or buffer established by this Chapter.4. Gritical Facilities Prohibited. Criticalfacilities shall not be sited within landslide. erosion. alluvial fan. or mine hazard areas unless there is no other practical alternative.5. Review bv Qualified Professional. A oualified qeoloqist or enqineerino qeoloqist. or professional enqineer licensed in the state of Washinqton. shall review development proiects that occur in potentiallv qeoloqicallv hazardeus areas to determine the risk. lf development takes place within an identified geoloqicallv hazardous area requirinq design or structural elements to mitiqate the hazard. a report describinq the qeologicallv hazardous area and conditions shall be prepared as described in KCC 17A.06.100. and the desiqn shall be approved bv an qualified enqineerinq qeoloqist. or professional enqineer licensed in State of Washinqton with expertise in oeoloqicallv hazard mitioation.6. Life of Structure. Prooosed developments shall be sited far enouoh from erosion and landslide hazard areas to ensure at least one hundred (100) vears of useful life for the proposed structure(s) or infrastructure. The location should be determined by a qualified qeologist or engineering geolooist. licensed in the state of Washington and be should be based on site specific evaluation of the landslide and/or erosion hazard. 174,06.040 Landslide Hazard Area Standards 1. Generallv. Alterations and development mav be allowed adiacent to landslide hazard areas. provided that all responsible measures have been taken to minimize risks and other adverse effects. and the amount and deqree of the alteration are limited to minimum needed to accomplish the proiect purgose. Prior to approvinq a new alteration or development in or adjacent to a landslide hazard area the Director shall determine that all the followinq standards are met: a. A minimum setback equal to the heiqht of the slope or 40 feet. whichever is qreater or as recommended in an approved oeotechnical report: b. The alteration or development includes all appropriate measures to eliminate. reduce. or othenrvise mitioate risks to health and safetv:c. The alteration or development is located outside of a landslide hazard area and anv required setback. as determined by a qualified enoineer. engineerinq geologist, or qeologist. licensed in the state of Washinqton: d. The alteration or development will not decrease slope stabilitv on adiacent properties: e. The alteration or development shall not increase the risk or frequencv of landslide occurrences:f. The removal and disturbance of veoetation. clearino. or qradino shall be limited to the area of the approved alteration or development:q. The alteration or development will not increase surface water discharqe or sedimentation to adjacent properties beyond predevelopment conditions: h. The proposed alterations will not adverselv impact other critical areas: andi. Structures and improvements includinq drainaqe and veqetation manaqement are desiqned to have no impact on the slope stabilitv: andi. lf development takes place within an identified qeoloqicallv hazardous area. the development must be desiqned to fully mitiqate the risk to the structure(s) and not increase the risk to the public. other properties or public infrastructure or resources.2. Permitted Alterations and Development. The followinq alterations and development mav be allowed in landslide hazard areas when all reasonable measures have been taken to minimize risks and other adverse effects associated with landslide hazards. and when the amount and deqree of alteration is limited to the minimum needed to accomplish the alteration or development: 52 a. Above-Ground Utilitv Lines and Pipes. Utilitv lines and pioes that are above- ground, properlv anchored and/or designed so that they will not increase the risk or consequences of static or seismic slope instabilitv or result in an increased risk of mass wastino. Such utilitv lines mav be permitted only when the applicant demonstrates that no other feasible alternative is available to serve the affected population. For pipelines. automatic shut off valves should be located as close as practical to the landslide area so that the release from the pipe upon breakaoe is minimized. b. Access Roads and Trails. Access roads and trails that are enqineered and built to standards that avoid the need for maior repair or reconstruction bevond that which would be required in non-hazard areas. Access roads and trails mav be permitted only if the applicant demonstrates that no other feasible alternative route exists. Standards to minimize impacts mav be specified bv the Director.c. Stormwater Convevance. Stormwater convevance throuqh a properlv desiqned stormwater pipe when no other stormwater convevance alternative is available. The pipe shall be located above-oround and be properly anchored and/or desiqned so that it will continue to function in the event of a slooe failure or movement of the underlyino materials and will not increase the risk or consequences of static or seismic slope instabilitv or result in increased risk of mass wastinq activitv.3. Setbacks. The Director shall require setbacks from the edqes of anv landslide hazard area u.n accordance with the followinq: a. The size of the setbacks shall be based on the findinqs of a qualified enqineerinq geoloqist or qeoloqist, licensed in the state of Washinqton. and shall protect critical areas and minimize the risk of propertv damaqe. death. or iniurv resulting from landslides caused in whole or part bv the alteration or development and shall be sized to provide orotection for a period of at least 100 vears based on the assessment of the qeoloqic processes within the landslide hazard area: b. The setback above the landslide hazard area shall include consideration of hydrolooic contribution to the landslide area and/or the area subject to the potential for mass movement. and the setback down slope from the landslide hazard area shall include consideration of landslide run out: andc. The Director shall have the authority to require appropriate manaqement of veqetation or land use within the setback area to minimize the risk of increasinq the risk of landslides. 17A.06.050 Erosion Hazard Area Standards 1. Generally. Alterations or development may be allowed within erosion hazard areas. provided that all responsible measures have been taken to minimize risks and other adverse effects with erosion hazards. and the amount and deoree of the alteration are limited to minimum needed to accomplish the project purpose. Prior to approvinq a development or alteration in or adjacent to an erosion hazard area, a report will be prepared as defined in KCC 174.06.100. Based on this information. the Director shall determine whether all the followinq standards are met. a. The alteration or development includes all appropriate measures to eliminate or otherwise mitiqate risks to health and safetv: b. The alteration or development includes best manaoement practices to prevent, control and minimize erosion:c. The alteration or development will not increase erosion potential: d. The removal and disturbance of vegetation. clearino. or qradino shall be limited to the area of the approved alteration or development: e. The alteration or development will not increase surface water discharge or sedimentation to adiacent prooerties beyond predevelopment conditions. as 53 documented in a qeolooicallv hazardous area risk assessment andior qeotechnical report:f. The proposed alterations will not adversely imoact other critical areas; andq. Structures and improvements are desiqned to minimize alterations to the erosive soils and slopes. 2. Ghannel Miqration Zones. lf Countv maps or consultation bv the Director with qualified professionals or aqencies with expertise indicate that a potential channel miqration zone hazard exists on or adiacent to a orooosed develooment site. the aoolicant shall either:a. Locate the proposed development outside of an alreadv defined channel migration hazard area as indicated on the map: orb. Submit a Channel Mioration Zone Report. as described in KCC 174.06.100 prepared bv a qualified qeologist. or engineerino qeoloqist. or professional enqineer, licensed in the state of Washinqton with experience in analyzino channelresponse in the fluvialsystems of the Pacific Northwest.3. Permitted Alterations and Development in Channel Miqration Zones. The followino alterations and develooment shall be allowed as specified below and orevious sections:a. Surface Water Discharqe. Discharoe of surface water, provided there are no other alternatives for discharqe. The pipe shall be located on the surface of the qround and be properlv anchored so that it will continue to function under erosion conditions and not create or contribute to adverse effects on downstream critical areas.b. Utilitv Lines. Utility lines, when no feasible location is available. Above-qround lines shall be anchored and/or desioned so that it will not preclude or interfere with channel mioration. Below qround lines shall be of sufficient depth as to not be affected bv future channel migration.c. Public Roads. Bridqes. and Trails. Public roads. bridqes. and trails when no feasible alternative aliqnment is available. Facilities shall be desiqned such that the roadwav prism and/or bridqe structure will not be susceptible to damaqe from active erosion.d. Stream Bank Stabilization. Stream bank stabilization mav be permitted subiect to allof the standards listed in KCC 174.04.050.4. CMZ Buffers or Setbacks. Based upon the results of the channel miqration zone assessment. the Director shall prohibit or limit use or develooment within a channel mioration zone and mav require a setback or a buffer of undisturbed natural veqetation from the edge of the channel miqration zone in accordance with the followinq: a. The size of the setback or buffer shall be based on the findinqs of a qualified enqineer. engineerinq qeologist. or qeologist. licensed in the state of Washinqton. and shall orotect critical areas and processes and minimize the risk of property damaqe. death. or iniury resultino from channel miqration: b. The buffer shall include the area subiect to bank failure as a result of erosion: andc. lf the desiqnated buffer lacks adequate woodv veoetation. the Director shall have the authority to require veqetation enhancement or other measures to improve natural channel processes and large wood recruitment. 17A.06.060 Alluvial Fan Hazard Standards 1. Permitted Alteration and Development. Alluvial fan hazards will be determined bv Countv maps. LIDAR. and aerial ohotography. The followinq alterations and development may be allowed in alluvial fan hazard areas. after accountinq for restrictions defined bv other critical area regulations. when all reasonable measures have been taken to minimize risks and other adverse effects associated with alluvial fan hazards. and when the amount and deqree of alteration are limited to the minimum needed to accomplish the alteration or development:a. Roads. Utilities. Bridqes. and Other lnfrastructure. Roads. utilities. bridqes. and other infrastructure when located and desiqned to prevent adverse impacts on critical 54 areas and avoid the need for channel dredqinq or dikino or other maintenance activities that have the potential to substantially deqrade river and stream functions. b. Residentialand CommercialDevelopments. Permanent residentialstructures and commercial developments shall be allowed in alluvial fan hazard areas only if the alluvial fan has undergone a County-approved studv to assess potential hazards, determine risks. and identify mitioation measures and is deemed suitable for development. The Director shall make this determination based on a detailed assessment by a qualified enqineer. enoineerinq geoloqist. or geoloqist. licensed in the state of Washinqton, that identifies the risks associated with a 500-vear return period debris flow or the maximum credible event that could impact the alluvial fan.c. Accessory Structures. Accessory structures not involvinq human occupancv shall be allowed. 17A.06.070 SeismicHazardStandards 1. Permitted Alterations and Development. Alterations and development within seismic hazard areas shall follow the provisions of the Kittitas Countv-adopted version of the Uniform Buildino Code. Alterations and development within seismic hazard areas shall not require the submission of a geologically hazardous area risk assessment or geotechnical report. 17A.06.080 Volcanic Hazard Areas 1. Permitted Alterations and Development. Because volcanic hazards in Kittitas Countv are limited to ash deposition. alterations and development located only within volcanic hazard areas. and not other qeoloqicallv hazardous areas, shall not require the submission of a geoloqicallv hazardous area risk assessment or qeotechnical report. 174.06.090 Mine Hazard Areas 1. Alteration. There are no additional protection standards for mine hazard areas: the standards of KCC 17A.06.030 shall apply. 17A.06.100 Reportinq 1. Geoloqicallv Hazardous Area Risk Assessment . lf a proposed development is located within or adjacent to a known or suspected landslide. mine. alluvial fan. or erosion hazard area. the applicant shall submit a Geoloqicallv Hazardous Area Risk Assessment prepared bv a qualified professional qeoloqist or enqineering qeoloqist. No further analvsis shall be required if the Geoloqicallv Hazardous Area Risk Assessment concludes that the alteration or development is not at risk from potential qeoloqic hazards. and that there is no qeoloqic hazard present on or adjacent to the site. lf the Geoloqically Hazardous Area Risk Assessment and/or the Director concludes that a qeolooically hazardous area is located on or adjacent to the alteration or development and/or the alteration or development is at risk from ootential qeoloqic hazards. the aoplicant shall submit a Geotechnical Report consistent with the provisions of KCC 174.02.370, andprepared bv a qualified enqineer or enqineerinq qeologist. 2. Geoloqicallv Hazardous Area Risk Assessment Contents. When required bv this Chapter. Geoloqicallv Hazardous Area Risk Assessments shall include the oeneral critical areas report requirements of KCC 17A.01.080 in addition to the followinq: a. A description of the qeoloqy of the site and the proposed develooment: b. An assessment of the potential impact the proiect may have on the qeoloqic hazard: c. An assessment of what potential imoact the qeologic hazard mav have on the proiect: d. Appropriate mitigation measures. if any: e. A conclusion as to whether further analvsis is necessary: andf. The signature and stamp of the engineering qeoloqist. or qeoloqist that prepared the assessment. 55 3. Geotechnical Report Contents. When required by this Title. the Geotechnical Report shall include the general critical areas report requirements of KCC 17A.01.080 in addition to the followinq: a. A detailed description of the qeoloqv and soil conditions of the site:b. Evaluation of the oeolooic conditions givinq rise to the oeoloqic hazard:c. An evaluation of the safetv of the oroposed project: d. Conclusion and recommendations nq the effect of qeoloqic conditions on the proposed development; e. Conclusions and recommendations on the suitabilitv of the site to be developed:f. A statement reqardinq the risk of damaqe from the proiect. both on- and off-site: and whether or net the proiect will materiallv increase the risk of occurrence of the hazard: o. Recommendations concerninq drainaoe practices. veoetation retention and other mitioation and monitorinq measures which may be needed to ensure slope stabilitv:h. Recommended erosion and sediment control measures:i. A bibliooraphy of scientific citations:i. Any other specific measures which must be incorporated into the design and operational plan of the proiect to eliminate or reduce the risk of damaoe due to the hazard. This shall include a recommendation on the required buffer or setback distance that must be maintained between the proposed development and the hazard to ensure the safetv of the development: and The siqnature and stamp of the engineer or enqineerinq geologist who prepared the Geotechnical Report.4. Ghannel Miqration Zones Studies Gontents When required bv this Chapter. Channel Miqration Zone Studies shall include the qeneral critical areas reoort requirements of KCC 174.01.080. and shall demonstrate the followinq: a. The parcel on which the development is proposed is effectivelv protected (disconnected) from channel movement due to the existence of oermanent levees that are actively maintained bv public asencies or infrastructure such as roads and bridqes constructed and maintained bv public aoencies (not all roads and levees will be considered disconnection points): or b. The prooosed development site has minimal risk of channel miqration durino the next one hundred (100) vears as indicated bv the existinq channel tvpe. land cover (and low likelihood of future alterations in land cover). presence of adiacent toe slope landslide hazard areas. surficial qeoloov. low soil erosion potential. lack of evidence of likely avulsion pathwavs (includinq areas upstream of, but proximate to. the site), and/or low inundation frequencv(ies). The assessment shall include a review of available data reqardinq historical channel locations at the site: identification of the site within a broader oeomorphic reach of the river svstem and the oeneral characteristics of that reach: description of existinq channel tvpe, existino channel alteration and likelihood of future alterations with chanoes in land cover: surficial qeoloqv. soils and erosion potential: and qeotechnical setbacks relatinq to erosion at the toe of adiacent slope(s). The approach to assessinq location shall be generallv equivalent to the methods detailed in "A framework for Delineatinq Channel Miqration Zones" (Ecoloqv Publication # 03-06-027). or similar method approved or sanctioned by Ecology. 56 Chapter 17A.07 WETLANDS Sections: 17A.07.010 Puroose and lntent 17A.07.020 Desiqnation. Mappinq. Delineation. and Cateoorization 17A.07.030 Buffers 174.07.040 GeneralProtectionStandards 17A.07.050 PermittedAlterationsand Development 174.07.060 Reportinq 17A.07.070 MitiqationRequirements 17A.07.010 Purpose and lntent The purpose of this Chapter is to maintain the bioloqical and physical functions and values of wetlands with respect to qroundwater recharqe and discharoe. water quality. stormwater and floodwater retention. storage and conveyance, fish and wildlife habitat conservation areas. recreation, and education. 174.07.020 Desiqnation, Mappinq, Delineation, and Gateqorization 1. Desiqnation. Wetlands are those areas that are inundated or saturated bv surface or qroundwater at a frequencv and duration sufficient to support. and that under normal circumstances do support. a prevalence of veqetation tvpicallv adapted for life in saturated soil conditions. Wetlands qenerallv include. but are not limited to. swamps. marshes. boqs, ponds. and similar areas. Wetlands do not include those artificial wetlands intentionallv created from non-wetland sites, includinq. but not limited to. irriqation and drainaqe ditches. qrass-lined swales. canals. detention facilities. wastewater treatment facilities. farm ponds. and landscape amenities. or those wetlands created after July 1 . 1990. that were unintentionally created as a result of the construction of a road. street. or hiqhwav. Wetlands mav include those artificialwetlands intentionallv created from non-wetland areas to mitiqate the conversion of wetlands.2. Mappinq. The approximate location and extent of wetlands are shown on maps maintained by the County, most current National Wetland lnventory (NWl), and other best available science sources. These maps are useful as a quide for proiect applicants and/or propertv owners but do not provide a conclusive or definitive indication of wetland presence or extent. Other wetlands mav exist that do not appear on the maps. and some wetland areas that appear on the maps may not meet all of the wetland desiqnation criteria. The County shall update the maps periodicallv as new wetland areas are identified and as new wetland information becomes available. 3. Delineation. The County may require the applicant to identify the location or presence of any wetlands within two hundred fifty (250) feet of a proposed development. Wetlands shall be identified and delineated bv a qualified wetland professional in accordance with the approved federalwetland delineation manual and applicable reqional supplements. This professional shall field stake. flao or otherwise mark the wetland boundarv to aid the Countv in reviewinq the development proposal. The Countv mav require the on-site wetland boundarv to be surveyed by a professional land survevor. Wetlands that occur outside of or extend bevond the boundaries of the development site. onto adioininq properties. do not need to be flaqqed or formally delineated but their qeneral location must be determined and disclosed in order to assess wetland buffer impacts.4. Gateqorization. Wetlands shall be cateqorized bv a qualified wetland professional in accordance with the current version of the Washinqton State Wetland Ratinq Svstem for Eastern Washinqton and the approoriate ratino forms approved by the Washington State Department of Ecoloqv. These cateoories are qenerally defined as follows: 57 a. Cateoory I wetlands are those that represent a unioue or rare wetland tyoe. are more sensitive to disturbance than most wetlands, are relativelv undisturbed and contain ecolooical attributes that are impossible to reolace within a human lifetime or provide a hioh levelof functions. Cateqory lwetlands include:i. Alkaliwetlands: ii. Wetlands with hiqh conservation value that are identified by scientists of the Washinoton Department of Natural Resources Natural Heritaqe Proqram: iii. Boqs and calcareous fens: iv. Mature and old-growth forested wetlands over % acre with slow-orowinq trees: v. Forests with stands of aspen: and vi. Wetlands scorinq between twentv-two and twentv-seven (22-27) points in the Eastern Washinoton Ratinq Svstem. b. Cateqorv llwetlands are difficult. thouoh not impossible. to replace. and provide hiqh levels of some functions. These wetlands occur more commonlv than Cateqorv I wetlands. but still need a relatively high level of protection. Category ll wetlands include:i. Forested wetlands in the floodplains of rivers:ii. Mature and old-qrowth forested wetlands over % acre with fast-growinq trees: iii. Vernal pools; and iv. Wetlands scorinq between nineteen and twentv-one (19-21) points in the Eastern Washinqton Ratinq Svstem. c. Cateqory lll wetlands have a moderate level of functions and score between sixteen and eiqhteen (16-18) points in the Eastern Washinoton Ratinq Svstem. These wetlands can be often adequately reolaced with a well-planned mitioation project. Cateoorv lllwetlands qenerally have been disturbed in some ways. and are often less diverse or more isolated from other natural resources in the landscape than Cateoorv ll wetlands. d. Category lV wetlands have the lowest level of functions and are often heavily disturbed. Thev score fewer than sixteen (16) points in the Eastern Washinqton s that can us be re aced and in some improved. However. experience has shown that replacement cannot be quaranteed in anv specific case. These wetlands mav provide some important functions and also need to be protected. 17A.07.030 Buffers 1. Purpose. Buffers shall be established and maintained to protect the functions and values of requlated wetlands. 2. Measurement. Wetland buffers shall be red horizontallv in all directions from the outer edqe of wetland boundarv as established in the field. Buildinq setbacks (KCC 174.01 .090.4) are in addition to wetland buffers and are measured outward from the edqe of the wetland buffer boundarv.3. Buffer Condition. Wetland buffers shall be maintained in a predominantlv well-veqetated and undisturbed condition to ensure that thev perform their intended function of protecting the wetland. Tree removal is prohibited in wetlands and wetland buffers other than in accordance with KCC 1 7A.01 .050.3.h.4. Standard Buffer Widths. The width of the standard buffer does not include the buildinq setback (KCC 174.01.090.4) and shall be based on the wetland cateoorv and the intensiV of the proposed land use adiacent to the buffer as indicated in Table KCC 17A.07.030. 58 Cateoory of Wetland Land Use with Low lmpactl Land Use with Moderate lmoact2 Land Use with Hiqh lmpact3 I 125ft 190 ft 250 ft il 100 ft 150 ft 200ft lil 75ft 110 ft 150 ft IV 25ft 40ft 50ft 1 Low impact use and developments include: forestrv (cuttinq of trees onlv), low intensitv open space (hikino. bird-watchino. and like uses), unpaved trails. and utility corridor without a maintenance road and little or no veqetation manaqement. 2 Moderate impact use and developments include: residential (1 uniVacre or less). moderate intensity open space (parks with biking. joqqing. and like uses). conversion from non- agricultural lands to moderate intensity agriculture (orchard. hay fields. and like uses). paved trails. buildinq of logging roads. and utilitv corridor or rioht-of-wav shared bv several utilities and includino access/maintenance roads. 3 Hiqh impact use and developments include: commercial. urban. industrial. institutional. retail sales. residential (more than 1 uniVacre). conversion from non-aqricultural lands to hiqh intensitv aqriculture (dairies. animalfeed lots. nurseries and qreen houses, and like uses). hiqh intensitv recreation (golf courses. ball fields, and like uses). 5. Wetland buffer condition. Wetland buffer areas shall be retained in a natural condition or mav be improved to enhance buffer functions and values. Where buffer disturbance is allowed pursuant to this Title. re-veoetation with native veqetation shall be required. The Kittitas County noxious weed ordinance'shall be adhered to. Alterations of the buffer that are inconsistent with this Title shall be prohibited. 6. Multiple buffers. ln the event that buffers for any shorelines and/or critical areas are contiouous or overlappino. the landward-most edoe of all such buffers shall apply. 7. lnterrupted buffer. When a wetland buffer contains an existinq legallv established public or private road and/or a leqallv established development which creates a siqnificant interruption of buffer function. the Administrator mav allow development on the landward side of the road or development provided that the actions will not have a detrimental impact to the wetland. The applicant mav be required to provide a wetland critical areas report to describe the potential impacts. ln determininq whether a critical areas report is necessarv. the County shall consider the hydrolooic, oeoloqic. and/or bioloqical habitat connection potential and the extent and permanence of the buffer interruption. 8. Buffers of restored wetlands. The buffer for a wetland created, restored. or enhanced as compensation for approved wetland alterations shall be the same as the buffer required for the cateoory of the created. restored. or enhanced wetland. 9. lncreased Buffers. The Director shall increase the wetland buffers widths where the standard buffer is inadequate to prevent siqnificant adverse environmental impacts or address hazards associated with the site or the proposed development. The Director may increase the buffer up to a maximum of two times the standard width. When determininq how much to increase the standard buffer. the Director shall consider the followinq conditions: a. Whether the wetland provides habitat for state priority or federalllr listed endanqered, threatened. or sensitive species for which a habitat manaqement plan indicates a laroer buffer is necessarv to protect habitat values for such soecies: or 59 b. Whether the land adjacent to the wetland is susceptible to severe erosion. and erosion control best management practices will not effectivelv prevent adverse wetland imoacts. 1 1. Buffer Averaqinq. The Director mav allow averaqinq of the standard buffer widths in accordance with an approved critical areas report on a case-bv-case basis. With buffer averaqinq, the buffer width is reduced in one location and increased in another location to maintain the same overall buffer area. ln such cases. the minimum width of the buffer at anv qiven point shall be at least seventy-five percent (75Yo\ of the standard width, or twenty-five (25) feet, whichever is qreater. Proposals for buffer averaqinq shall meet all the followino: a. The wetland buffer has not been averaqed or reduced by any prior actions:b. No feasible site desisn could be accomplished without buffer averaqinq:c. The wetland contains variations in sensitivitv due to existinq phvsical characteristics or the character of the buffer varies in slooe. soils. or veqetation. and the wetland would benefit from a wider buffer in places and would not be adversely impacted bv a narrower buffer in other places: d. The averaoinq will not have a siqnificant adverse impact on wetland functions and values: and e. The area that is added to the buffer to offset the reduction will be well-veqetated. The Director mav require veqetation enhancement if needed to ensure this criterion is met. 12. Mitigation for Buffer Averaginq. Prior to aporovinq a request for wetland buffer averaqinq. the Director shall ensure the development is desiqned to separate and screen the wetland from impacts such as noise. glare. veqetation trampling. intrusion. etc to the degree feasible. The site design shall consider the varyinq deqrees of impacts of different land uses. For example. parkinq lots. store entrances. and roads qenerally have hiqher noise and qlare impacts than the rear of a store. Site screenino should take advantaqe of natural topoqraphy or existino veqetation. wherever possible. Where natural screeninq is not available. berms. landscapinq. and structural screens should be imolemented as mav be required bv the Director (e.q., orient buildinos to screen parkinq lots and store entrances from critical areas). 13. Allowed Buffer Uses. The Director mav allow the followino alterations and development within a wetland buffer provided that thev are conducted in a manner so as to minimize impacts to the buffer and adjacent wetland. including wetland functions and values: a. Conservation or restoration activities aimed at protectinq or enhancinq the soil. water. veqetation. or wildlife. b. The followinq passive recreation facilities desiqned in accordance with an approved critical areas report:i. Walkways and trails: provided that those pathways which are generallv parallel to the perimeter of the wetland shall be located in the outer twentv- five percent (25%) of the buffer area and constructed with a surface that is not impervious to water. Raised boardwalks utilizinq non-treated pilinqs mav be acceptable; and ii. Wildlife viewinq structures less than five hundred (500) square feet in size, includinq huntins blinds.c. Stormwater manaoement facilities. limited to stormwater convevance and dispersion facilities. outfalls and bioswales. mav be allowed within the outer twentv-five percent (25%) of the buffer of wetlands in accordance with an approved critical areas report provided that:i. No other location is feasible: ii. The facilitv is designed to meet or exceed the standards set forth in the current version of the Stormwater Manual for Eastern Washinqton: and iii. The location of such facility will not deqrade the functions or values of the wetland. 60 17A.07.040 GeneralProtectionStandards 1. Alterations. New development shall be located outside of wetlands and their buffers. unless this Title specificallv allows the development to occur in the wetland or buffer. A wetland or buffer may not be altered if the proposed alteration will result in a net loss of wetland functions and values. Developments shall be desiqned to avoid and minimize wetland and buffer impacts to the maximum extent practicable and to offset unavoidable impacts throuoh compensatorv mitiqation as required in KCC 17A.07.070 17A.07.050 Alterations and Development Permitted without a GriticalAreas Report The folfowinq alterations and development are permitted in wetlands and/or buffers and do not require submission of a critical areas report. provided thev are have met requirements 17 1 and are n avoid nd minim impacts to the maximum extent practicable. but are subject to review by the Director: 1. Conservation and Preservation Activities. Conservation or preservation of soil. water. veqetation. fish. and other wildlife that does not entail permanently chanqino or alterinq the structure or functions of the existinq wetland. 2. Wetland Enhancement. Enhancement of a wetland throuqh the removal of non-native invasive species. provided that the weed removal does not reouire soil excavation or qradinq and provided that weed material is removed from the site and disposed of at an approved location. Bare areas that remain after weed removal shall be re-vegetated with native shrubs. trees and herbs/forbs native to Kittitas Countv. 17A.07.060 Reportins 1. When Required. lf a proposed development is located within or adiacent to a known or susoected wetland. the Director shall require the aoolicant to submit a wetland critical areas report prepared bv a oualified professionalthat includes the information listed in this Section. a. The requirement to provide a wetland critical areas report malr be waived for a sinqle-familv residence where no encroachment into a reoulated wetland or its standard buffer will occur. Prior to issuance of a buildino permit. site development permit. or on-site sewaqe system permit. the aoplicant shall submit a sinole-familv wetland certification form completed by a wetland specialist that certifies either:i. No requlated wetlands are present within 250 feet of the project area: or are within 250 feet of the afea alterations and development associated with the dwelling (i.e.. landscaped areas. septic facilities, outbuildinqs. etc.) will occur outside of the standard buffer of the identified wetland. 1. lf requlated wetland buffers extend onto the site and are within 250 feet of the project area, the wetland specialist shall place permanent. clearlv visible. wetland buffer siqns at the edqe of the buffer. A wetland buffer siqn affidavit. siqned bv the wetland specialist, shall be submitted to the Department as verification that the wetland buffer siqns have been placed on the site. 2. The sinqle-familv certification form mav be used onlv to authorize sinqle-familv dwellinqs and associated homesite features such as qaraqes. drivewavs. qardens. fences. wells. lawns. and on-site septic svstems. lt may not be used for new aqricultural activities. expansion of existinq aqricultural activities. forest practice activities. commercial projects. land divisions. buffer width modifications. or violations. The sinqle-family form may not be used to make a claim for exemption. a. The single-family certification process will be monitored bv the Department for accuracy. and enforcement actions will be initiated should encroachment into a reoulated wetland or buffer occur. 61 b. The applicanVpropertv owner assumes responsibility for any and all errors of the single-family certification form and all associated mitigation imposed by the Department.c. Sinqle-family certification forms shall be filed with the Kittitas County Auditor's Office in accordance with the department standards. 2. Gontents. When required bv this Title. wetland critical areas reports shall include the qeneral critical areas report requirements of KCC 17A.01.080 in addition to the followino:a. Map showinq the location of all wetlands and required buffers wlthin two hundred fiftv (250) feet of the proposed development: and b. An analvsis of the onsite wetland(s) includinq the followinq site- and prooosal-related information:i. Historical and Existino On site and Surroundinq Land use /Conditions ii. Wetland acreaoe: iii. Wetland category: iv. Soils and SoilAttributesv. Hvdroseomorphic position (HGM): vi. Cowardin Classification and UplandMetland Veqetation Characterization vii. Hvdroperiods: viii. A description of the Federal methodoloqies used to conduct the wetland delineations: ix. Prioritv Habitats and Species: x. Wetland delineation data sheets for the appropriate reqion: xi. Wetland ratinq and forms: xii. Wetland Functional Analvsis: xiii. Federal. State. and Counfu Resulatorv Discussion with buffer recommendations: xiv. A detailed discussion of the proiect. direct and/or indirect potential impacts on the wetland by the proiect: and if impacts are expected: xv. A discussion of measures. including the qeneral mitioation sequence requirements of KCC 17A.01.100 proposed to preserve and protect existinq wetlands; xvi. A wetland mitiqation plan meetinq the requirements of KCC 174.07.010, if the alteration or development will result in unavoidable impacts to wetlands or their buffers. 17A.07.070 Mitiqation Requirements 1. Generallv. Compensatorv mitiqation is required for all unavoidable alterations to wetland or thair l.rr rffara avaan{for buffer tn r{nna in annnrr{anna rrrifh l.(l1li 47L n7 n?n7 Comoensatorv mitiqation actions shall replace functions affected bv the alteration and shall provide equal or qreater functions comoared to the impacted wetland.2. Buffer for Wetland Mitiqation Sites. Anv wetland area that is created. restored. or enhanced as compensation for approved alterations shall be the same as the buffer required for the cateqory of the created. restored. or enhanced wetland.3. Mitiqation Timinq. Mitiqation proiects shall be completed prior to or concurrentlv with permitted alterations and development that will disturb wetlands. ln all other cases, mitiqation shall be completed immediatelv followino disturbance and orior to use or occupanclr of the alteration or development. Construction of mitiqation projects shall be timed to reduce impacts to existinq fisheries. wildlife. and flora. 62 4. Delav in Mitiqation. The Director mav authorize a one-time temoorarv delav. up to one hundred eighty (180) dalrs. in completing minor construction and landscaping when environmental conditions could produce a hiqh probability of failure or sionificant construction difficulties. The delav shall not create or perpetuate hazardous conditions or environmental damaqe or deoradation. and the delav shall not be injurious to the health. safety. and qeneral welfare of the public. The request for the temporarv delav must include a written justification that documents the environmental constraints which preclude implementation of the mitiqation plan. The iustification must be verified and approved bv the Countv and include a financial quarantee. 5. Preference of Mitiqation Actions. Compensatorv wetland mitiqation shall occur in the followinq order of preference: a. Purchasinq credits from an approved Mitiqation Bank if available and feasible, Purchasinq credits from an approved ln-Lieu Fee proqram if available and feasible. and Permittee Responsible Mitioation (PRM). b. ln order of preference. the followino PRM methods are available: (1) Restoration [re- establishment or rehabilitationl. (2) Establishment lcreation]. (3) Preservation of existinq high qualitv habitats. and (4) Enhancement of deqraded wetlands.. 6. Replacement Ratios for Wetland lmpacts. Ratios for compensatorv mitiqation shall be as specified in Table KCC 17.07.070.6. The first number specifies the acreage of replacement wetlands. and the second specifies the acreaqe of wetlands altered. Compensatory mitiqation shall restore, rehabilitate, create, or enhance equivalent or qreater wetland functions. The ratios shall apply to mitioation that is in-kind. is on-site. is the same cateqorv. is timed prior to or concurrent with alteration. and has a hiqh probability of success. The Director mav increase these ratios for remedial mitiqation actions resultinq from unauthorized wetland alterations. dependinq on the nature and extent of the alteration. These ratios do not apply to the use of credits from a certified wetland mitioation bank or inlieu fee prooram. When credits from a certified bank or in-lieu fee proqram are used, replacement ratios should be consistent with the requirements of the bank's/proqram's certification. Cateoorv and Tvpe of lmpacted Wetland Restoration or Creationl'2 Rehabilitationl'2 Enhancement Onlvl'3 Category l, forested 6:1 12:1 24:1 Category l. non- forested 4:1 B:1 16:1 Category IL forested 4:1 8:1 16:1 Cateqorv ll. vernal poola 2:1 4:1 Case-by-case Allother Cateqory il 3:1 6:1 12:1 Ail Cateoory ill 2:1 4:1 8:1 Ail 1.5:1 3:1 6:1 63 Cateqory and Tvpe of lmpacted Wetland Restoration or Creationl'2 Rehabilitationl'2 Enhancement OnlYt'g Cateoorv IV 1 Natural heritaqe sites. alkaliwetlands. and boqs are considered irreplaceable wetlands because they perform special functions that cannot be replaced throuqh compensatory mitiqation. lmpact to such wetlands would therefore result in a net loss of some functions no matter what kind of mitiqation is provided. 2 Provides oains in a whole suite of functions both at the site and sub-basin scale. Rehabilitation actions often focus on restorinq environmental processes that have been disturbed or altered bv previous and/or onooino human activitv. 3 Actions which provide qains in onlv a few functions. Enhancement action often focuses on structural or superficial improvements to a site and qenerally does not address larqer scale environmental processes. 4 Compensatorv mitioation for vernal pool impacts must be seasonallv ponded wetland area(s).7. lncreased Replacement Ratios. The Director mav increase the wetland mitigation ratios stated in Table KCC 174.07.070.6 under the followinq circumstances:a. Uncertaintv exists as to the probable success of the proposed restoration or creation: b. A sionificant period of time will elapse between impact and replication of wetland functions:c. Proposed mitigation will result in a lower cateoory wetland or reduced functions relative to the wetland being impacts: or d. The impact was an unauthorized imoact. 8. Alternative Mitiqation Ratios. The Director mav aoprove different mitiqation ratios when the apolicant proposes a combination of wetland creation, restoration. rehabilitation. and/or enhancement. provided that federal and state resource agencies approve the mitigation plan and the plan achieves no net loss of wetland functions and values.9. Mitisation Ratios for Wetland Buffer lmpacts. To mitiqate impacts to functions and values of wetland buffers. a minimum buffer ratio of 1:1 (alteration area:mitiqation area) is required. This ratio assumes that creation/restoration of a wetland buffer with appropriate native vegetation is sufficient to compensate for the wetland buffer functions and values affected bv alteration of an existinq wetland buffer. lf enhancement of an existino wetland buffer is proposed as mitioation. a hiqher mitigation ratio mav be required. For any proposed wetland buffer alterations or development. the applicant must show that the functions and values of the altered wetland buffer will be fullv replaced by the proposed mitioation. The Director mav increase the buffer mitiqation ratios under the followinq circumstances: a. The replacement ratio needed to recover the lost functions and values of buffer area is qreater than 1:1 based upon the existinq tvpe of veqetative cover of either the impact site or the proposed mitiqation site.b. Uncertaintv exists as to the probable success of the proposed restoration or creation:c. A siqnificant period of time will elapse between impact and replication of wetland functions: d The imnacf was an unauthorized imnact 10. Mitiqation Plans. Compensatorv wetland mitiqation plan shall be consistent with "Guidance on Wetland Mitiqation in Washinqton State Part 2: Developino Mitioation Plans" (Ecolooy Publication # 06-06-011b). or as revised. Mitiqation plans shall include the oeneral mitioation plan requirements in KCC 174.01.100. as wellas the followinq information:a. Existino and proposed wetland acreage: b. Veoetative and faunal conditions: 64 c. Surface and subsurface hvdrolooic conditions includino an analvsis of existinq and future hydrologic regime and proposed hvdrologic reoime for enhanced. created, or restored mitioation areas:d. Relationship within watershed and to existinq waterbodies: e. Soils and substrate conditions. topooraphic elevations:f. Existinq and proposed adiacent site conditions:q. Required wetland buffers (includinq anv buffer reduction or averaginq and mitigation proposed to enhance buffers): h. Property ownership:i. A discussion of onqoinq manaoement practices that will protect wetlands after the proiect site has been developed. includinq proposed monitorinq and maintenance proorams and an addition to the propertv's title identifuinq the wetland as a mitiqation area: A bond estimate for the installation (includinq site preparation. plant materials and installation. fertilizers. mulch) and the prooosed monitorinq and maintenance work for the required number of vears. pursuant to KCC 17A.01.100. 65 EXHIBIT B CRITICAL AQUIFER RECHARGE AREAS (CARA) MAP Kittitas County Gritical Areas Ordinance Gritical Aquifer Recharge AreasLegcndE Kitttitas County BoundaryE CityUmits- lnterstate- Principal- SMA StreamsI SMALakesE BasinsSurff clal Hydtlgeolog'rcUnltColumbia River BasaltsOlder BedrockUnconsolidated DepositUnconsolidated Depositf Wthin Kiftitas & RoslynBasinsGroup AwellhcadPFtectlon Arcas! 6 Month Time ofTravelI sYearTimeofTravelI l0YearTimeofTravel. Group B WellheadsAt@s within the u@t&lRtaled de,p& wittih Kdit6ed R644 b€shs and at 6Np A ytdlbad ,@tecli@re w desilmabd CARA3 pet KCC Tile 174g'f 'HFWATERSHEDCC)iu't trr\N Yo.,^036 12fMiles.J,.,(I)t,tiI" \ clrdlen buntuKiltf€,s @urilYI..tci|t..1.\ t0dt""ennxnr-.. -.. -Iti( EXHIBIT C KITTITAS COUNTY ECOREGIONS MAP I ciries t=wRrA Ecoreglons I ttorth Cascades I Cascades F*eri Eastern Cascades Slopes and Foothills I Corumbia Plateau l-]-J MiFs0510