Words not defined in this title shall be as defined in the City of Prosser Municipal Code, the Washington Administrative Code, or the Revised Code of Washington. Words not found in either code shall be as defined in the Webster's Third New International Dictionary, latest edition.
relies on scientific methods to evaluate how well regulatory and nonregulatory actions protect the critical area. An adaptive management program is a formal and deliberate scientific approach to taking action and obtaining information in the face of uncertainty.
means immediately adjoining (in contact with the boundary of the influence area) or within a distance that is less than that needed to separate activities from critical areas to ensure protection of the functions and values of the critical areas. "Adjacent" shall mean any activity or development located:
On a site immediately adjoining a critical area;
A distance equal to or less than the required critical area buffer width and building setback;
A distance equal to or less than one-half mile (two thousand six hundred forty feet) from a bald eagle nest;[1]
A distance equal to or less than two hundred feet upland from a stream, wetland, or water body;[2]
Bordering or within the floodway, floodplain or channel migration zone; or
A distance equal to or less than two hundred feet from a critical aquifer recharge area.[3]
means mitigation of an anticipated critical area impact or hazard completed according to an approved critical area report and prior to site development.
means land primarily devoted to the commercial production of horticultural, viticultural, floricultural, dairy, apiary, vegetable, or animal products or of berries, grain, hay, straw, turf, seed, Christmas trees not subject to the excise tax imposed by RCW 84.33.100 through 84.33.140, or livestock, and that has long-term commercial significance for agricultural production. [RCW 36.70A.030(3); WAC 365-190-030(1).]
means any human-induced change in an existing condition of a critical area or its buffer. Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing (vegetation), construction, compaction, excavation or any other activity that changes the character of the critical area.
means fish that spawn and rear in freshwater and mature in the marine environment. While Pacific salmon die after their first spawning, adult char (bull trout) can live for many years, moving in and out of saltwater and spawning each year. The life history of Pacific salmon and char contains critical periods of time when these fish are more susceptible to environmental and physical damage than at other times. The life history of salmon, for example, contains the following stages: upstream migration of adults, spawning, intergravel incubation, rearing, smoltification (the time period needed for juveniles to adjust their body functions to live in the marine environment), downstream migration, and ocean rearing to adults.
means a person who files an application for a permit under this title and who is either the owner of the land on which that proposed activity would be located, a contract purchaser, or the authorized agent of such a person.
means a geological formation, group of formations or part of a formation that is capable of yielding a significant amount of water to a well or spring.
means an aquifer bounded above and below by beds of distinctly lower permeability than that of the aquifer itself and that contains ground water under sufficient pressure for the water to rise above the top of the aquifer.
means areas that, due to the presence of certain soils, geology, and surface water, act to recharge ground water by percolation.
means an area designated by the U.S. Environmental Protection Agency under the Safe Drinking Water Act of 1974, Section 1424(e). The aquifer(s) must supply fifty percent or more of the drinking water for an area without a sufficient replacement available.
means the ease with which contaminants can move from the land surface to the aquifer based solely on the types of surface and subsurface materials in the area. Susceptibility usually defines the rate at which a contaminant will reach an aquifer unimpeded by chemical interactions with the vadose zone media.
means an aquifer not bounded above by a bed of distinctly lower permeability than that of the aquifer itself and containing ground water under pressure approximately equal to that of the atmosphere. This term is synonymous with the term "water table aquifer."
means an area designated AO or AH Zone on the flood insurance map(s). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. "AO" is characterized as sheet flow and "AH" indicates ponding.
means a flood event having a one percent chance of being equaled or exceeded in any given year, also referred to as the one-hundred-year flood. Designations of base flood areas on flood insurance map(s) always include the letters A or V.
means any area of the building having its floor below ground level on all sides.
means current scientific information used in the process to designate, protect, or restore critical areas, that is derived from a valid scientific process as defined by WAC 365-195-900 through 365-195-925. Sources of best available science are included in "Citations of Recommended Sources of Best Available Science for Designating and Protecting Critical Areas," published by the State Office of Community Development.
means conservation practices or systems of practices and management measures that:
Control soil loss and reduce water quality degradation caused by high concentrations of nutrients, animal waste, toxics, and sediment;
Minimize adverse impacts to surface water and ground water flow, circulation patterns, and to the chemical, physical, and biological characteristics of wetlands;
Protect trees and vegetation designated to be retained during and following site construction; and
Provide standards for proper use of chemical herbicides within critical areas.
The city of Prosser shall monitor the application of best management practices to ensure that the standards and policies of this title are adhered to. |
means a wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system.
means an area contiguous to and protecting a critical area that is required for the continued maintenance, functioning, and/or structural stability of a critical area.
means the lateral extent of likely movement along a stream or river during the next one hundred years as determined by evidence of active stream channel movement over the past one hundred years. Evidence of active movement over the one- hundred-year timeframe can be inferred from aerial photos or from specific channel and valley bottom characteristics. The time span typically represents the time it takes to grow mature trees that can provide functional large woody debris to streams. A CMZ is not typically present if the valley width is generally less than two bankfull widths, is confined by terraces, no current or historical aerial photographic evidence exists of significant channel movement, and there is no field evidence of secondary channels with recent scour from stream flow or progressive bank erosion at meander bends. Areas separated from the active channel by legally existing artificial channel constraints that limit bank erosion and channel avulsion without hydraulic connections shall not be considered within the CMZ.
means actions necessary to replace project-induced critical area and buffer losses, including land acquisition, planning, construction plans, monitoring and contingency actions.
means replacing project-induced wetland losses or impacts, and includes, but is not limited to, the following:
"Restoration"
means actions performed to reestablish wetland functional characteristics and processes that have been lost by alterations, activities, or catastrophic events within an area that no longer meets the definition of a wetland.
"Creation"
means actions performed to intentionally establish a wetland at a site where it did not formerly exist.
"Enhancement"
means actions performed to improve the condition of existing degraded wetlands so that the functions they provide are of a higher quality.
"Preservation"
means actions taken to ensure the permanent protection of existing, high-quality wetlands.
means a legal agreement that the property owner enters into to restrict uses of the land. Such restrictions can include, but are not limited to, passive recreation uses such as trails or scientific uses and fences or other barriers to protect habitat. The easement is recorded on a property deed, runs with the land, and is legally binding on all present and future owners of the property, therefore providing permanent or long-term protection (Oak Harbor).
means areas designated by WAC 365-190-080(2) that are determined to have a critical recharging effect on aquifers used for potable water as defined by WAC 365-190-030(2).
include any of the following areas or ecosystems: aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, geologically hazardous areas, and wetlands, as defined in Chapter 36.70A RCW and this title.
means a facility for which even a slight chance of flooding, inundation, or impact from a hazard event might be too great. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency response installations, and installations that produce, use or store hazardous materials or hazardous waste.
means a site or portion of a site that may be utilized as the location of development, in accordance with the rules of this title.
means any activity upon the land consisting of construction or alteration of structures, earth movement, dredging, dumping, grading, filling, mining, removal of any sand, gravel, or minerals, driving of piles, drilling operations, bulkheading, clearing of vegetation, or other land disturbance. "Development" includes the storage or use of equipment or materials inconsistent with the existing use. "Development" also includes approvals issued by the city of Prosser that binds land to specific patterns of use, including, but not limited to, subdivisions, short subdivisions, zone changes, conditional use permits, and binding site plans. Development activity does not include the following activities:
Interior building improvements.
Exterior structure maintenance activities, including painting and roofing.
Routine landscape maintenance of established, ornamental landscaping, such as lawn mowing, pruning and weeding.
Maintenance of the following existing facilities that does not expand the affected area: septic tanks (routine cleaning); wells; individual utility service connections; and individual cemetery plots in established and approved cemeteries.
means any permit issued by the city of Prosser, or other authorized agency, for construction, land use, or the alteration of land.
means a building that has no basement and its lowest elevated floor is raised above ground level by foundation walls, shear walls, posts, piers, pilings, or columns.
means a wetland with at least thirty percent of the surface area covered by erect, rooted, herbaceous vegetation extending above the water surface as the uppermost vegetative strata.
means the process whereby wind, rain, water, and other natural agents mobilize and transport particles.
means at least those areas identified by the United States Department of Agriculture National Resources Conservation Service as having a "severe" rill and inter-rill erosion hazard.
means any species of plants or animals which are foreign to the planning area.
means areas necessary for maintaining species in suitable habitats within their natural geographic distribution so that isolated subpopulations are not created as designated by WAC 365-190-080(5). These areas include:
Areas with which state or federally designated endangered, threatened, and sensitive species have a primary association;
Habitats of local importance, including but not limited to areas designated as priority habitat by the Department of Fish and Wildlife;
Naturally occurring ponds under twenty acres and their submerged aquatic beds that provide fish or wildlife habitat, including those artificial ponds intentionally created from dry areas in order to mitigate impacts to ponds;
Waters of the state, including lakes, rivers, ponds, streams, inland waters, underground waters, salt waters and all other surface waters and watercourses within the jurisdiction of the state of Washington;
Lakes, ponds, streams, and rivers planted with game fish by a governmental or tribal entity;
State natural area preserves and natural resource conservation areas; and
Land essential for preserving connections between habitat blocks and open spaces.
means habitat that is used by fish at any life stage at any time of the year, including potential habitat likely to be used by fish that could be recovered by restoration or management and includes off-channel habitat.[4]
means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation of runoff of surface waters from any source.
means the official map on which the Federal Insurance Administration has delineated the areas of special flood hazards and includes the risk premium zones applicable to the community. Also known as "Flood Insurance Rate Map" or "FIRM."
means the official report provided by the Federal Insurance Administration that includes flood profiles, the flood boundary-floodway map, and the water surface elevation of the base flood.
means the total land area adjoining a river, stream, watercourse or lake subject to inundation by the base flood.
means the elevation that is one foot above the base flood elevation.
means materials designed to be resistant to the impacts associated with flooding and defined and described in detail in FEMA Technical Bulletin No. 2-93, dated April 1993, and FEMA publication FEMA-348, "Protecting Building Utilities from Flood Damage."
means the channel of a river or other watercourse and the adjacent land area that must be reserved in order to discharge the base flood without cumulatively increasing the surface water elevation more that one foot. Also known as the "zero rise floodway."
means land primarily useful for growing trees, including Christmas trees subject to the excise tax imposed under RCW 84.33.100 through 84.33.140, for commercial purposes, and that has long-term commercial significance for growing commercially. [RCW 36.70A.030(8); WAC 365-191-030(6).]
means a wetland with at least thirty percent of the surface area covered by woody vegetation greater than twenty feet in height that is at least partially rooted within the wetland.
means an assemblage of earth materials grouped together into a unit that is convenient for description or mapping.
means the relatively impermeable formation immediately overlying a confined aquifer.
means lands in the floodplain subject to a one percent or greater chance of flooding in any given year and those lands that provide important flood storage, conveyance and attenuation functions, as determined by the planning director in accordance with WAC 365-190-080(3). Frequently flooded areas perform important hydrologic functions and may present a risk to persons and property. Classifications of frequently flooded areas include, at a minimum, the one-hundred-year floodplain designations of the Federal Emergency Management Agency and the National Flood Insurance Program.
means the beneficial roles served by critical areas including, but not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, flood storage, conveyance and attenuation, ground water recharge and discharge, erosion control, wave attenuation, protection from hazards, historical and archaeological and aesthetic value protection, and recreation. These beneficial roles are not listed in order of priority.
means areas that may not be suited to development consistent with public health, safety or environmental standards because of their susceptibility to erosion, sliding, earthquake, or other geological events as designated by WAC 365-190-080(4). Types of geologically hazardous areas include: erosion, landslide, seismic, mine, and volcanic hazards.
means water in a saturated zone or stratum beneath the surface of land or a surface water body.
means ground water in a saturated zone that is separated from the underlying main body of ground water by an unsaturated rock zone.
means areas designated as fish and wildlife habitat conservation areas.
means areas designated as frequently flooded areas or geologically hazardous areas due to potential for erosion, landslide, seismic activity, mine collapse, or other geological condition.
means any liquid, solid, gas, or sludge, including any material, substance, product, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical or biological properties described in WAC 173-303-090 or 173-303-100.
means land uses which are associated with high levels of human disturbance or substantial habitat impacts including, but not limited to, commercial uses, industrial uses, and residential uses with a residential high density zoning designation per the Prosser zoning code.
means those wetlands that meet the following criteria:
No, or isolated, human alteration of the wetland topography;
No human-caused alteration of the hydrology, or the wetland appears to have recovered from the alteration;
Low cover and frequency of exotic plant species;
Relatively little human-related disturbance of the native vegetation, or recovery from past disturbance;
If the wetland system is degraded, it still contains a viable and high-quality example of a native wetland community; and
No known major water quality problems.
means condition of the land, including flora, fauna, soil, topography, and hydrology, that existed before the area and vicinity were developed or altered by human activity.
means a permit issued by the state Department of Fish and Wildlife for modifications to waters of the state in accordance with Chapter 75.20 RCW.
means a soil that is saturated, flooded or ponded long enough during the growing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be determined following the methods described in the "Washington State Wetland Identification and Delineation Manual."
means soils grouped according to their runoff-producing characteristics under similar storm and cover conditions. Properties that influence runoff potential are depth to seasonally high water table, intake rate and permeability after prolonged wetting, and depth to a low permeable layer. Hydrologic soil groups are normally used in equations that estimate runoff from rainfall, but can be used to estimate a rate of water transmission in soil. There are four hydrologic soil groups:
Low runoff potential and a high rate of infiltration potential;
Moderate infiltration potential and a moderate rate of runoff potential;
Slow infiltration potential and a moderate to high rate of runoff potential; and
High runoff potential and very slow infiltration and water transmission rates.
means macrophytic plant life growing in water or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. The presence of hydrophytic vegetation shall be determined following the methods described in the "Washington State Wetland Identification and Delineation Manual."
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.
means a hard surface area that either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or that causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled macadam or other surfaces which similarly impede the natural infiltration of storm water.
means the downward entry of water into the immediate surface of soil.
means to replace critical areas with substitute areas whose characteristics and functions closely approximate those destroyed or degraded by a regulated activity. The determination of in-kind versus out-of-kind compensation for wetlands is dependent upon equivalency in wetland functions, not wetland categories.
"Class I"
means a well used to inject industrial, commercial, or municipal waste fluids beneath the lowermost formation containing, within one-quarter mile of the well bore, an underground source of drinking water.
"Class II"a. b. c.
means a well used to inject fluids:
Brought to the surface in connection with conventional oil or natural gas exploration or production and may be commingled with wastewaters from gas plants that are an integral part of production operations, unless those waters are classified as dangerous wastes at the time of injection;
For enhanced recovery of oil or natural gas; or
For storage of hydrocarbons that are liquid at standard temperature and pressure.
"Class III"
means a well used for extraction of minerals, including but not limited to the injection of fluids for:
"Class IV"
means a well used to inject dangerous or radioactive waste fluids.
"Class V"
means all injection wells not included in Classes I, II, III, or IV.
means areas subject to sheetwash.
means those wetlands that are outside of and not contiguous to any one-hundred-year floodplain of a lake, river, or stream, and have no contiguous hydric soil or hydrophytic vegetation between the wetland and any surface water.
means a single application form that may be used to apply for hydraulic project approvals, shoreline management permits, approvals of exceedance of water quality standards, water quality certifications, Coast Guard bridge permits, Department of Natural Resources use authorization, and Army Corps of Engineers permits.
See "high intensity land use."
See "low intensity land use."
See "moderate intensity land use."
means areas that are potentially subject to risk of mass movement due to a combination of geologic landslide resulting from a combination of geologic, topographic, and hydrologic factors. These areas are typically susceptible to landslides because of a combination of factors including: bedrock, soil, slope gradient, slope aspect, geologic structure, ground water, or other factors.
includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land. [RCW 36.70A.030(10); WAC 365-190-030(11).]
means land uses which are associated with low levels of human disturbance or low habitat impacts, including, but not limited to, passive recreation uses, open space uses, and residential uses in areas with a residential low density residential zoning classification or the equivalent per the Prosser zoning code.
means the lowest floor of the lowest enclosed area, including the basement. An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor; provided, that such enclosure is not built so as to render the structure in violation of the applicable requirements of this title.
means areas that are underlain by, adjacent to, or affected by mine workings such as adits, gangways, tunnels, drifts, or airshafts, and those areas of probable sink holes, gas releases, or subsidence due to mine workings. Factors that should be considered include: proximity to development, depth from ground surface to the mine working, and geologic material.
means lands primarily devoted to the extraction of minerals or that have known potential long-term commercial significance for the extraction of minerals. [WAC 365-191-040(14).]
means gravel, sand, and valuable metallic substances. [RCW 36.70A.030(11); WAC 365-190-030(12).]
means avoiding, minimizing or compensating for adverse critical areas impacts. "Mitigation," in the following order of preference, is:
Avoiding the impact altogether by not taking a certain action or parts of an action;
Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps, such as project redesign, relocation, or timing, to avoid or reduce impacts;
Rectifying the impact to wetlands, critical aquifer recharge areas, and habitat conservation areas by repairing, rehabilitating or restoring the affected environment to the conditions existing at the time of the initiation of the project;
Minimizing or eliminating the hazard by restoring or stabilizing the hazard area through engineered or other methods;
Reducing or eliminating the impact or hazard over time by preservation and maintenance operations during the life of the action;
Compensating for the impact to wetlands, critical aquifer recharge areas, and habitat conservation areas by replacing, enhancing, or providing substitute resources or environments; and
Monitoring the hazard or other required mitigation and taking remedial action when necessary. Mitigation for individual actions may include a combination of the above measures.
means land uses which are associated with moderate levels of human disturbance or habitat impacts including, but not limited to, active recreation, moderate agricultural land uses, and medium density residential uses in areas with a residential medium density per the Prosser zoning code.
means evaluating the impacts of development proposals on the biological, hydrological, and geological elements of such systems and assessing the performance of required mitigation measures throughout the collection and analysis of data by various methods, for the purpose of understanding and documenting changes in natural ecosystems and features, and includes gathering baseline data.
means an area where native vegetation is preserved for the purpose of preventing harm to property and the environment, including, but not limited to, controlling surface water runoff and erosion, maintaining slope stability, buffering and protecting plants and animal habitat.
means plant species that are indigenous to the area in question.
means waters, excluding water conveyance systems that are artificially constructed and actively maintained for irrigation.[5]
means a legally established existing use or legally constructed structure that is not in compliance with current regulations.
See "exotic."
means to replace critical areas away from the site on which a critical area has been impacted.
means to replace critical areas at or adjacent to the site on which a critical area has been impacted.
means that mark which is found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual, and so long continued in all ordinary years, that the soil has a character distinct from that of the abutting upland in respect to vegetation.
means to replace critical areas with substitute critical areas whose characteristics do not closely approximate those destroyed or degraded. The determination of in-kind versus out-of-kind compensation for wetlands is dependent upon equivalency in wetland functions, not wetland categories.
See "ground water, perched."
means the capacity of an aquifer or confining bed to transmit water. It is a property of the aquifer or confining bed and is independent of the force causing movement.
means the mayor of Prosser, city staff operating as the mayor's designee, or other contract staff granted the authority to act on behalf of the city.
means soils, as identified by the National Resources Conservation Service, U.S. Department of Agriculture, that contain voids, pores, interstices or other openings which allow the passing of water.
means water that is safe and palatable for human use.
means an alternative that is available and capable of being carried out after taking into consideration cost, existing technology, and logistics in light of overall project purposes, and having less impacts to critical areas.
means habitat type or elements with unique or significant value to one or more species as classified by the Department of Fish and Wildlife. A priority habitat may consist of a unique vegetation type or dominant plant species, a described successional stage, or a specific structural element. [WAC 173-26-020(34).]
means all areas within fifty feet of the area proposed to be disturbed, altered, or used by the proposed activity or the construction of any proposed structures.
means a person with experience and training in the pertinent scientific discipline, and who is a qualified scientific expert with expertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, engineering, environmental studies, fisheries, geomorphology or related field, and two years of related work experience.
A "qualified professional"
for habitats or wetlands must have a degree in biology and professional experience related to the subject species.
A "qualified professional"
for a geological hazard must be a professional geologist (preferred) or engineer, licensed in the state of Washington.
A "qualified professional"
for critical aquifer recharge areas means a hydrogeologist, geologist, engineer, or other scientist with experience in preparing hydrogeologic assessments.
means the process involved in the absorption and addition of water to ground water.
means municipal wastewater effluent that has been adequately and reliability treated so that it is suitable for beneficial use. Following treatment it is no longer considered wastewater (treatment levels and water quality requirements are given in the water reclamation and reuse standards adopted by the state Departments of Ecology and Health).
means a vehicle that is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest horizontal projection;
Designed to be self-propelled or permanently towable by a light duty truck; and
Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
means an activity that restores the character, scope, size, and design of a serviceable area, structure, or land use to its previously authorized and undamaged condition. Activities that change the character, size, or scope of a project beyond the original design and drain, dredge, fill, flood, or otherwise alter critical areas are not included in this definition.
means measures taken to restore an altered or damaged natural feature including:
Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to the functioning condition that existed prior to an unauthorized alteration; and
Actions performed to reestablish structural and functional characteristics of the critical area that have been lost by alteration, past management activities, or catastrophic events.
means steep-sided channels resulting from accelerated erosion. A rill is generally a few inches deep and not wide enough to be an obstacle to farm machinery. Rill erosion tends to occur on slopes, particularly steep slopes with poor vegetative cover.
means areas adjacent to aquatic systems with flowing water that contain elements of both aquatic and terrestrial ecosystems that mutually influence each other. The width of these areas extends to that portion of the terrestrial landscape that directly influences the aquatic ecosystem by providing shade, fine or large woody material, nutrients, organic and inorganic debris, terrestrial insects, or habitat for riparian-associated wildlife. Widths shall be measured from the ordinary high water mark or from the top of bank if the ordinary high water mark cannot be identified. It includes the entire extent of the floodplain and the extent of vegetation adapted to wet conditions as well as adjacent upland plant communities that directly influence the stream system. Riparian habitat areas include those riparian areas severely altered or damaged due to human development activities.[6]
A valid scientific process is one that produces reliable information useful in understanding the consequences of a decision. The characteristics of a valid scientific process are as follows:
Peer Review.
The information has been critically reviewed by other qualified scientific experts in that scientific discipline.
Methods.
The methods that were used are standardized in the pertinent scientific discipline or the methods have been appropriately peer-reviewed to assure their reliability and validity.
Logical Conclusions and Reasonable Inferences.
The conclusions presented are based on reasonable assumptions supported by other studies and are logically and reasonably derived from the assumptions and supported by the data presented.
Quantitative Analysis.
The data have been analyzed using appropriate statistical or quantitative methods.
Context.
The assumptions, analytical techniques, data, and conclusions are appropriately framed with respect to the prevailing body of pertinent scientific knowledge.
References.
The assumptions, techniques, and conclusions are well referenced, with citations to pertinent existing information.
means a wetland with at least thirty percent of its surface area covered by woody vegetation less than twenty feet in height at the uppermost strata.
means a permit issued by the Corps of Engineers for the placement of dredge or fill material or clearing in waters of the U.S., including wetlands, in accordance with 33 USC Section 1344.
means a spot where water oozes from the earth, often forming the source of a small stream.
means areas that are subject to severe risk of damage as a result of earthquake-induced ground shaking, slope failure, settlement, or soil liquefaction.
means the Washington State Environmental Policy Act, Chapter 43.21C RCW.
means presently usable.
means those lands extending landward for two hundred feet in all directions as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous floodplain areas landward two hundred feet from such floodways; and all wetlands and river deltas associated with the streams, lakes and tidal waters which are subject to the provisions of Chapter 90.58 RCW.
means all of the water areas of the state as defined in RCW 90.58.030, including reservoirs and their associated shorelands, together with the lands underlying them except:
Shorelines of statewide significance;
Shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second (cfps) or less and the wetlands associated with such upstream segments; and
Shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes.
means the total of all "shorelines," as defined in RCW 90.58.030(2)(d), and "shorelines of statewide significance" within the state, as defined in RCW 90.58.030(2)(c).
means those areas defined in RCW 90.58.030(2)(c).
means that portion of a species' range likely to be essential to the long-term survival of the population in Washington.
means the most recent soil survey for the local area or county by the National Resources Conservation Service, U.S. Department of Agriculture.
See "aquifer, sole source."
means aquifer recharge areas defined by WAC 173-200-090 that require special consideration or increased protection because of unique characteristics, including, but not limited to:
means any group of animals classified as a species or subspecies as commonly accepted by the scientific community.
means any fish or wildlife species that is threatened with extinction throughout all or a significant portion of its range and is listed by the state or federal government as an endangered species.
means those species of local concern due to their population status or their sensitivity to habitat manipulation, or that are game species.
means any fish or wildlife species requiring protective measures and/or management guidelines to ensure their persistence at genetically viable population levels as classified by the Department of Fish and Wildlife, including endangered, threatened, sensitive, candidate and monitor species, and those of recreational, commercial, or tribal importance.
means any fish or wildlife species that is likely to become an endangered species within the foreseeable future throughout a significant portion of its range without cooperative management or removal of threats, and is listed by the state or federal government as a threatened species.
means water contained within a channel, either perennial or intermittent, and classified according to WAC 222-16-030 or 222-16-031 and as listed under "water typing system." "Streams" also includes natural watercourses modified by man. "Streams" does not include irrigation ditches, waste ways, drains, outfalls, operational spillways, channels, storm water runoff facilities or other wholly artificial watercourses, except those that directly result from the modification to a natural watercourse.
means the drainage area of the highest order stream containing the subject property impact area. "Stream order" is the term used to define the position of a stream in the hierarchy of tributaries in the watershed. The smallest streams are the highest order (first order) tributaries. These are the upper watershed streams and have no tributaries of their own. When two first order streams meet, they form a second order stream, and when two second order streams meet they become a third order stream, and so on.
means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed fifty percent of the market value of the structure before the damage occurred.
means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred.
means adverse impacts that remain after all appropriate and practicable avoidance and minimization have been achieved.[7]
means the combined effect of susceptibility to contamination and the presence of potential contaminants.
means a use or portion of a use that cannot exist in a location that is not adjacent to the water, but is dependent on the water by reason of the intrinsic nature of its operations. A use that can be carried out only on, in, or adjacent to water. Examples of water-dependent uses include ship cargo terminal loading areas; fishing; ferry and passenger terminals; barge loading, ship building, and dry docking facilities; marinas, moorage, and boat launching facilities; aquaculture; float plane operations; surface water intake; and sanitary sewer and storm drain outfalls.
means one of sixty-two watersheds in the state of Washington, each composed of the drainage areas of a stream or streams, as established in Chapter 173-500 WAC as it existed on January 1, 1997.
means that surface in an unconfined aquifer at which the pressure is atmospheric. It is defined by the levels at which water stands in wells that penetrate the aquifer just far enough to hold standing water.
See "aquifer, unconfined."
means waters classified according to WAC 222-16-031, including the following:
"Type 2 Water"a. b. c. d.
means segments of natural waters that are not classified as Type 1 Water and have a high fish, wildlife, or human use. These are segments of natural waters and periodically inundated areas of their associated wetlands, which:
Are diverted for domestic use by more than one hundred residential or camping units or by a public accommodation facility licensed to serve more than ten persons, where such diversion is determined by the Department of Natural Resources to be a valid appropriation of water and only considered Type 2 Water upstream from the point of such diversion for one thousand five hundred feet or until the drainage area is reduced by fifty percent, or whichever is less;
Are within a federal, state, local or private campground having more than thirty camping units; provided, that the water shall not be considered to enter a campground until it reaches the boundary of the park lands available for public use and comes within one hundred feet of a camping unit;
Are used by fish for spawning, rearing or migration. Waters having the following characteristics are presumed to have highly significant fish populations:
Are used by fish for off-channel habitat. These areas are critical to the maintenance of optimum survival of fish. This habitat shall be identified based on the following criteria:
"Type 3 Water"a. b. i. (A) (B) (C) (D) ii. (A) (B) (C)
means segments of natural waters that are not classified as Type 1 or 2 Waters and have a moderate-to-slight fish, wildlife, and human use. These are segments of natural waters and periodically inundated areas of their associated wetlands which:
Are diverted for domestic use by more than ten residential or camping units or by a public accommodation facility licensed to serve more than ten persons, where such diversion is determined by the Department of Natural Resources to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type 3 Water upstream from the point of such diversion for one thousand five hundred feet or until the drainage area is reduced by fifty percent, whichever is less;
Are used by fish for spawning, rearing or migration. The requirements for determining fish use are described in the State Forest Practices Board Manual, Section 13. If fish use has not been determined:
Waters having the following characteristics are presumed to have fish use:
Stream segments having a defined channel three feet or greater in width in Eastern Washington; and having a gradient of sixteen percent or less;
Stream segments having a defined channel of three feet or greater within the bankfull width in Eastern Washington, and having a gradient greater than sixteen percent and less than or equal to twenty percent, and having greater than one hundred seventy-five acres contributing basin size in Eastern Washington, based on hydrographic boundaries;
Ponds or impoundments having a surface area of less than one acre at seasonal low water and having an outlet to a fish stream;
Ponds or impoundments having a surface area greater than one-half acre at seasonal low water;
The Department of Natural Resources shall waive or modify the characteristics in subsection (3)(b)(i) of this definition where:
Waters have confirmed, long-term, naturally occurring water quality parameters incapable of supporting fish;
Snowmelt streams have short flow cycles that do not support successful life history phases of fish. These streams typically have no flow in the winter months and discontinue flow by June 1st; or
Sufficient information about a geomorphic region is available to support a departure from the characteristics in subsection (3)(b)(i) of this definition, as determined in consultation with the Department of Fish and Wildlife, Department of Ecology, affected tribes and interested parties.
"Type 4 Water"
means all segments of natural waters within the bankfull width of defined channels that are perennial nonfish habitat streams. Perennial streams are waters that do not go dry any time of a year of normal rainfall. However, for the purpose of water typing, Type 4 Waters include the intermittent dry portions of the perennial channel below the uppermost point of perennial flow. If the uppermost point of perennial flow cannot be identified with simple, nontechnical observations (see State Forest Practices Board Manual, Section 23), then Type 4 Waters begin at a point along the channel where the contributing basin area is at least three hundred acres.
"Type 5 Waters"
means all segments of natural waters within the bankfull width of the defined channels that are not Type 1, 2, 3, or 4 Waters. These are seasonal, nonfish habitat streams in which surface flow is not present for at least some portion of the year and are not located downstream from any stream reach that is a Type 4 Water. Type 5 Waters must be physically connected by an aboveground channel system to Type l, 2, 3, or 4 Waters.
means a bored, drilled or driven shaft, or a dug hole whose depth is greater than the largest surface dimension for the purpose of withdrawing or injecting water or other liquids.
means the portion of a zone of contribution for a well, wellfield or spring, as defined using criteria established by the state Department of Ecology.
means the descriptive classes of the wetlands taxonomic classification system of the U.S. Fish and Wildlife Service (Cowardin, et al., 1979).
means the boundary of a wetland as delineated based on the definitions contained in this title.
means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation adapted for life in saturated soil conditions. "Wetlands" generally includes swamps, marshes, bogs and similar areas. "Wetlands" do not include those artificial wetlands intentionally created from nonwetland sites, including, but not limited to, irrigation and drainage ditches, grass-lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities, or those wetlands created after July l, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. "Wetlands" may include those artificial wetlands intentionally created from nonwetland areas to mitigate the conversion of wetlands. For identifying and delineating a wetland, local government shall use the Washington State Wetland Identification and Delineation Manual.
means a site where wetlands are restored, created, enhanced, or in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation in advance of authorized impacts to similar resources.[8]
means the area surrounding a well or spring that encompasses all areas or features that supply ground water recharge to the well or spring.
(Ord. 2417 § 3 (part), 2003)
[1]
Distance of two thousand six hundred forty feet is based on Department of Fish and Wildlife "Management Recommendations for Washington's Priority Species, Volume IV: Birds."
[2]
Distance of two hundred feet was established based upon a review of Department of Fish and Wildlife "Management Recommendations for Washington's Priority Habitats: Riparian," 1997; and Department of Ecology "Wetland Buffers: Use and Effectiveness," 1992.
[3]
Distance of two hundred feet is a suggested distance to ensure that activities within the critical aquifer recharge area are included under this chapter, even when the exact boundaries of the critical aquifer recharge area are not known at the time of application.
[4]
See WAC 222-16-030(5)(h).
[5]
See WAC 222-16-030(5)(d) and 222-16-031(6)(d).
[6]
See Department of Fish and Wildlife "Management Recommendations for Washington's Priority Habitats—Riparian," page 4, 1997.
[7]
See RCW 90.84.010(9).
[8]
See RCW 90.84.010(5).
