Article II Wetlands

Classification. Wetlands shall be classified as Category I, II, III, or IV using the Washington State Department of Ecology's Wetland Rating System for Western Washington, Publication No. 14-06-029, or as amended hereafter. Wetland delineations shall be determined by using the current approved federal wetland delineation manual and applicable regional supplements.

Sources used to identify designated wetlands include, but are not limited to:

United States Department of the Interior, Fish and Wildlife Service, National Wetlands Inventory.

Areas identified as hydric soils, soils with significant soil inclusions and "wet spots" with the United States Department of Agriculture/Soil Conservation Service Soil Survey for Snohomish County.

Washington State Department of Natural Resources, Geographic Information System, Hydrography and Soils Survey Layers.

§ 22E.010.070 Regulated activities in wetlands.

City of Marysville critical areas inventory maps.

(Ord. 2852 § 10 (Exh. A), 2011; Ord. 3073 § 1, 2017)

The following activities within a wetland and its associated buffer, or outside a wetland or buffer but potentially affecting the wetland or buffer, shall be regulated pursuant to the standards of this chapter:

Removing, excavating, disturbing or dredging soil, sand, gravel, minerals, organic matter or materials of any kind;

Dumping, discharging or filling with any material;

§ 22E.010.080 Exemptions to wetland regulations.

Draining, flooding or disturbing the water level or water table;

(4)

Driving pilings or placing obstructions;

(5)

Constructing, reconstructing, demolishing or altering the size of any structure or infrastructure;

(6)

Construction of any on-site sewage disposal system, or other underground facilities, except exempted activities;

(7)

Destroying or altering vegetation through clearing, harvesting, shading or planting vegetation that would alter the character of a wetland;

(8)

Activities that result in significant changes in water temperature, physical or chemical characteristics of wetland water sources, including water quantity and quality, soil flow, or natural contours, and pollutants;

(9)

Any other activity potentially affecting a wetland or wetland buffer not otherwise exempt from the provisions of this chapter; and

(10)

Work to maintain wetlands intentionally created from nonwetland areas as mitigation for wetland impacts.

(Ord. 2852 § 10 (Exh. A), 2011)

See MMC § 22E.010.320 for general exemptions to all critical areas.

The following activities shall be exempt from the provisions of this chapter related to wetlands and their buffers, provided they are conducted using best management practices on wetlands:

Activities involving artificially created wetlands intentionally created from nonwetland sites, including but not limited to grass-lined swales, irrigation and drainage ditches, detention facilities, and landscape features, except wetlands created as mitigation.

Work in wetlands created after July 1, 1990, that were unintentionally created as a result of road, street, or highway construction.

In addition, the director may waive compliance with wetland buffer and compensation requirements for the fill of a Class IV wetland no greater than one-tenth of an acre in size if all the following criteria are met:

The wetland is not contiguous with a freshwater or estuarine system and is not considered part of a mosaic wetland complex;

Standing water is not present in sufficient amounts to support breeding amphibians;

Species listed as federal endangered, threatened, and candidate species, or listed by the state as endangered, threatened, and sensitive species, or essential habitat for those species, are not present;

Some form of mitigation is provided for the hydrologic and water quality functions; for example, storm water treatment or landscaping or other mitigation; and

A wetland assessment prepared by a qualified professional, demonstrating the waiver criteria are met.

(vi)

The determination to waive requirements shall be reviewed through the city's SEPA review process as established in Chapter 22E.030 MMC.

Notwithstanding the exemption provided by MMC § 22E.010.320 and by this chapter, any otherwise exempt activities occurring in or near wetlands shall comply with the intent of these standards and shall consider on-site alternatives that avoid or minimize potential wetland impacts.

(Ord. 2852 § 10 (Exh. A), 2011)

§ 22E.010.090 Wetland inventory maps.

The approximate location and extent of wetlands within the city of Marysville's planning area are shown on the critical areas maps adopted as part of this chapter. These maps shall be used as a general guide only for the assistance of property owners and the public; boundaries are generalized. The actual category, extent and boundaries of wetlands shall be determined in the field by a qualified scientific professional according to the procedures, definitions and criteria established by this chapter and Chapter 22A.020 MMC. In the event of any conflict between the wetland location or designation shown on the city of Marysville wetland areas maps and the criteria or standards of this chapter, the criteria and standards resulting from the field investigation shall control.

(Ord. 2852 § 10 (Exh. A), 2011)

§ 22E.010.100 Wetland buffer areas.

The establishment of wetland buffer areas shall be required for all development proposals and activities adjacent to wetlands to protect the integrity, function and value of the wetland. Buffers shall consist of an undisturbed area of native vegetation established to protect the functions and values of the wetland. Buffers shall be determined in conjunction with considerations of wetland category and quality, approved wetland alterations and required mitigation measures. Buffers are not intended to be established or to function independently of the wetland they are established to protect; the establishment of a buffer shall not operate to prevent a use or activity that would otherwise be permitted, as set forth in MMC § 22E.010.080, subsections (7) and (8) of this section, and MMC § 22E.010.320, in the wetland subject to mitigation.

Buffers shall be measured from the wetland edge as delineated and marked in the field using the wetland delineation methods defined in Chapter 22A.020 MMC. Required buffer widths shall reflect the sensitivity of the wetland and its category and intensity of human activity proposed to be conducted near the wetland.

Where existing buffer area plantings provide minimal vegetative cover and cannot provide the minimum water quality or habitat functions, buffer enhancement shall be required. Where buffer enhancement is required, a plan shall be prepared that includes plant densities not less than five feet on center for shrubs and 10 feet on center for trees. Monitoring and maintenance of plants shall be required in accordance with MMC § 22E.010.160, Wetland monitoring program and contingency plan. Existing buffer vegetation is considered "inadequate" and will require enhancement through additional native plantings and removal of nonnative plants when:

Nonnative or invasive plant species provide the dominant cover;

Vegetation is lacking due to disturbance, and wetland resources could be adversely affected; or

Enhancement plantings in the buffer could significantly improve buffer functions.

(4)

The following buffer widths are established as minimum targets. All buffer widths shall be measured from the wetland boundary as surveyed in the field. If, according to the buffer mitigation plan, the buffer is not sufficient to protect the wetland, the city shall require larger buffers where it is necessary to protect wetland functions based on site-specific characteristics. As an alternative to the buffer width being based on wetland category, the buffer width for Category I wetlands may be established according to the "Buffer Alternative 3" methodology contained in the Department of Ecology's document titled "Freshwater Wetlands in Washington State, Volume 2: Managing and Protecting Wetlands, Appendix 8C." Buffer Alternative 3 establishes buffer widths based on wetland category, intensity of impacts, and wetland functions or special characteristics.

Wetland Buffer Widths
Wetland Category	Buffer Width
Category I	125 feet
Ebey Slough	100 feet
North and south shore of Ebey Slough between the western city limits, at approximately I-5 and 47th Avenue NE	25 feet
Category II	100 feet
Category III	75 feet
Category IV	35 feet

(5)

Buffer widths may be modified by averaging buffer widths as set forth herein:

Buffer width averaging shall be allowed only where the applicant demonstrates to the community development department that the averaging will not impair or reduce the habitat, water quality purification and enhancement, storm water detention, ground water recharge, shoreline protection and erosion protection and other functions of the wetland and buffer, that lower-intensity land uses would be located adjacent to areas where buffer width is reduced, and that the total area contained within the buffer after averaging is no less than that contained within the standard buffer prior to averaging;

Buffer reductions may be allowed for wetlands; provided, that the applicant demonstrates the proposal meets criteria in subsections (5)(b)(i) through (iii) and either (iv) or (v) of this section. Buffer width reduction proposals that meet the criteria as determined by the director shall be reduced by no more than 25 percent of the required buffer and shall not be less than 25 feet in width.

The buffer area meets buffer area planting requirements in subsection (3) of this section and MMC § 22E.010.150 and has less than 15 percent slopes; and

A site-specific evaluation and documentation of buffer adequacy is based on consideration of the best available science as described in MMC § 22E.010.040; and

Buffer width averaging as outlined in subsection (5)(a) of this section is not being utilized; and either

The subject property is separated from the wetland by preexisting, intervening, and lawfully created structures, public roads, or other substantial preexisting intervening improvements; and the intervening structures, public roads, or other substantial improvements are found to separate the subject upland property from the wetland due to their height or width, preventing or impairing the delivery of buffer functions to the wetland, in which cases the reduced buffer width shall reflect the buffer functions that can be delivered to the wetland; or

The wetland scores four points or less for wildlife habitat in accordance with the rating system applied in MMC § 22E.010.060, and mitigation is provided based on MMC § 22E.010.150, § 22E.010.370, and Table 2 of this section, when determined appropriate based on the evaluation criteria in subsection (5)(b)(ii) of this section.

Table 2. Mitigation Measures
Disturbance	Activities That May Cause Disturbance	Measures to Minimize Impacts
Lights	Parking lots, warehouses, manufacturing, high density residential	Direct lights away from wetland
Noise	Manufacturing, high density residential	Place activity away from wetland
Pets and Humans	Residential areas	Landscaping to delineate buffer edge and to discourage disturbance of wildlife by humans and pets
Dust	Tilled fields	Best management practices for dust control

Notwithstanding the reductions permitted in subsections (5)(a) and (b) of this section, buffer widths shall not be reduced by more than 25 percent of the required buffer.

(6)

The buffer width stated in subsection (4) of this section may be increased by 25 percent:

When the qualified scientific professional determines, based upon a site-specific wetland analysis, that for Category III and IV wetlands the habitat value equals or exceeds five points, and for Category II wetlands the habitat value equals or exceeds eight points; or

When the adjacent land is susceptible to severe erosion and erosion control measures will not effectively prevent adverse wetland impacts; or

When the standard buffer has minimal or degraded vegetative cover that cannot be improved through enhancement; or

When the minimum buffer for a wetland extends into an area with a slope of greater than 25 percent, the buffer shall be the greater of:

The minimum buffer for that particular wetland; or

Twenty-five feet beyond the point where the slope becomes 25 percent or less.

(7)

The community development director may authorize the following low impact uses and activities, provided they are consistent with the purpose and function of the wetland buffer and do not detract from its integrity: viewing platforms and interpretive signage; uses permitted within the buffer shall be located in the outer 25 percent of the buffer.

(8)

Trails and Open Space. For walkways and trails, and associated open space in critical buffers located on public property, or on private property where easements or agreements have been granted for such purposes, all of the following criteria shall be met:

The trail, walkway, and associated open space shall be consistent with the comprehensive parks, recreation, and open space master plan. The city may allow private trails as part of the approval of a site plan, subdivision or other land use permit approvals.

Trails and walkways shall be located in the outer 25 percent of the buffer, i.e., the portion of the buffer that is farther away from the critical area. Exceptions to this requirement may be made for trail segments connecting to existing trails where an alternate alignment is not practical and where public access points to water bodies are spaced periodically along the trail.

Enhancement of the buffer area is required where trails are located in the buffer. Where enhancement of the buffer area adjacent to a trail is not feasible due to existing high quality vegetation, additional buffer area or other mitigation may be required.

Trail widths shall be a maximum width of 10 feet. Trails shall be constructed of permeable materials; provided, that impervious materials may be allowed if pavement is required for handicapped or emergency access, or safety, or is a designated nonmotorized transportation route or makes a connection to an already dedicated trail, or reduces potential for other environmental impacts.

(9)

Utilities may be allowed in wetlands or wetland buffers if limited to the pipelines, cables, wires and support structures of utility facilities within utility corridors when the following standards are met:

There is no alternative location with less adverse impact on the critical area and critical area buffer;

New utility corridors are not located over habitat used for salmonid rearing or spawning or by a species listed in MMC § 22E.010.170(1)(a) unless the department determines that there is no other feasible crossing site;

To the maximum extent practical utility corridors are located so that:

The width is minimized;

The removal of trees is minimized;

An additional, contiguous and undisturbed wetland buffer, equal in area to the disturbed critical area buffer area including any allowed maintenance roads, is provided to protect the wetland;

To the maximum extent practical, access for maintenance is at limited access points into the critical area buffer rather than by a parallel maintenance road. If a parallel maintenance road is necessary, the following standards are met:

To the maximum extent practical the width of the maintenance road is minimized and in no event greater than 15 feet; and

The location of the maintenance road is contiguous to the utility corridor on the side of the utility corridor farthest from the critical area;

The utility corridor or facility will not adversely impact the overall wetland hydrology;

The utility corridor serves multiple purposes and properties to the maximum extent practical;

(g)

Bridges or other construction techniques that do not disturb the wetlands are used to the maximum extent practical;

(h)

Bored, drilled or other trenchless crossing is laterally constructed under a wetland; provided, that the activity does not interrupt the ground water connection to the wetland or percolation of surface water down through the soil column. Specific studies by a hydrologist shall be conducted to determine whether the ground water connection to the wetland or percolation of surface water down through the soil column could be disturbed.

(10)

Storm water management facilities, such as biofiltration swales and dispersion facilities, may be located within the outer 25 percent of wetland buffers only if they will have no negative effect on the functions and purpose the buffers serve for the wetland or on the hydrologic conditions, hydrophytic vegetation, and substrate characteristics necessary to support existing and designated beneficial uses.

(11)

For subdivisions and short subdivisions, the applicable wetland and associated buffer requirements for any development or redevelopment of uses specifically identified in, and approved as part of, the original subdivision or short subdivision application shall be those requirements in effect at the time that the complete subdivision or short subdivision application was filed; provided, that for subdivisions this provision shall be limited to final plats reviewed and approved under Ordinance No. 1928, "Sensitive Areas," adopted December 14, 1992, or as amended at the time of final plat approval. However, at the discretion of the community development director a buffer enhancement plan may be required in accordance with subsection (3) of this section if the wetland or buffer has become degraded or is currently not functioning or if the wetland and/or buffer may be negatively affected by the proposed new development.

(12)

Minor additions or alterations, such as decks and minor additions less than 120 square feet, interior remodels, or tenant improvements which have no impact on the wetland or wetland buffer, are exempt from the buffer enhancement requirements.

(13)

Required buffers shall not deny all reasonable use of property. A variance from buffer width requirements may be granted by the hearing examiner for the city of Marysville upon showing by the applicant that:

There are special circumstances applicable to the subject property or to the intended use such as shape, topography, location or surroundings that do not apply generally to other properties and which support the granting of a variance from buffer width requirements; and

Such buffer width variance is necessary for the preservation and enjoyment of a substantial property right or use possessed by other similarly situated property but which because of special circumstances is denied to the property in question; and

The granting of such buffer width variance will not be materially detrimental to the public welfare or injurious to the property or improvement; and

The granting of the buffer width variance will not materially affect the subject wetland.

§ 22E.010.110 Wetland alteration and mitigation.

Best available science, as set forth in MMC § 22E.010.040, shall be taken into consideration in the granting of a buffer width variance.

(Ord. 2852 § 10 (Exh. A), 2011; Ord. 3073 § 2, 2017)

All adverse impacts to wetland functions and values shall be mitigated. Mitigation actions by an applicant or property owner shall occur in the following priority sequence:

Avoiding the impact altogether by not taking a certain action or parts of actions;

Minimizing impacts by limiting the degree or magnitude of the action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid or reduce impacts;

Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

Reducing or eliminating the impact over time by preservation and maintenance operations;

Compensating for the impact by replacing or providing substitute resources or environments;

Monitoring the impact and taking appropriate corrective measures.

Where impacts cannot be avoided, the applicant or property owner shall seek to implement other appropriate mitigation actions in compliance with the intent, standards and criteria of this section. These shall include consideration of alternative site plans and building layouts or reductions in the density or scope of the proposal.

Alteration of wetlands or their buffers may be permitted by the community development department subject to the following criteria:

Category I Wetlands. Alterations of Category I wetlands shall be avoided, subject to the reasonable use provisions of these regulations.

Category II Wetlands.

Any proposed alteration and mitigation shall comply with requirements of this section, MMC § 22E.010.120, and § 22E.010.140 through § 22E.010.160; and

No net loss of wetland function and value will occur due to the alteration.

Category III and IV Wetlands.

The proposed mitigation complies with the requirements of this section and MMC § 22E.010.140 through § 22E.010.160; and

§ 22E.010.120 Wetland mitigation standards and criteria.

Where enhancement is proposed, replacement ratios comply with the requirements of MMC § 22E.010.120(3).

(Ord. 2852 § 10 (Exh. A), 2011)

Location and Timing of Mitigation.

Restoration, creation, or enhancement actions should be undertaken on or adjacent to the site, or where restoration or enhancement of a former wetland is proposed, within the same watershed. Replacement in-kind of the impacted wetland is preferred for creation, restoration, or enhancement actions. The city may accept or recommend restoration, creation, or enhancement which is off-site and/or out-of-kind, if the applicant can demonstrate that on-site or in-kind restoration, creation, or enhancement is infeasible due to constraints such as parcel size or wetland type or that a wetland of a different type or location is justified based on regional needs or functions;

Whether occurring on-site or off-site, the mitigation project shall occur near an adequate water supply with a hydrologic connection to the wetland to ensure a successful wetlands development or restoration;

Any agreed-upon proposal shall be completed before initiation of other permitted activities, unless a phased or concurrent schedule has been approved by the community development department;

Wetland acreage replacement ratios shall be as specified in subsection (3) of this section.

Mitigation Performance Standards.

Adverse impacts to wetland functions and values shall be mitigated. Mitigation actions shall be implemented in the preferred sequence identified in MMC § 22E.010.110(1). Proposals which include less preferred or compensatory mitigation shall demonstrate that:

All feasible and reasonable measures will be taken to reduce impacts and losses to the original wetland;

No overall net loss will occur in wetland functions, values and acreage; and

The restored, created or enhanced wetland will be as persistent and sustainable as the wetland it replaces.

Wetland Replacement Ratios.

Where wetland alterations are permitted by this chapter, the applicant shall restore or create equivalent areas of wetlands in order to compensate for wetland losses. Equivalent areas shall be determined according to acreage, function, category, location, timing factors, and projected success of restoration or creation.

Where wetland creation is proposed, all required buffers for the creation site shall be located on the proposed creation site. Properties adjacent to or abutting wetland creation projects shall not be responsible for providing any additional buffer requirements.

The following acreage replacement ratios shall be used as targets. The community development department may vary these standards if the applicant can demonstrate and the community development department agrees that the variation will provide adequate compensation for lost wetland area, functions and values, or if other circumstances as determined by the community development department justify the variation:

Wetland Mitigation Ratios
Category and Type of Wetland	Re-Establishment or Creation	Rehabilitation	Re-Establishment or Creation (R/C) and Enhancement (E)	Enhancement Only
Category I
Forested	6:1	12:1	1:1 R/C and 10:1 E	24:1
Based on Score for Functions	4:1	8:1	1:1 R/C and 6:1 E	16:1
Estuarine	Case by Case	6:1 Rehabilitation of an Estuarine Wetland	Case by Case	Case by Case
Bog	Irreplaceable – Avoidance Required	6:1 Rehabilitation of a Bog	Case by Case	Case by Case
Natural Heritage	Irreplaceable – Avoidance Required	6:1 Rehabilitation of a Natural Heritage Site	Case by Case	Case by Case
Category II
Estuarine	Case by Case	4:1	Case by Case	Case by Case
All Other	3:1	8:1	1:1 R/C and 4:1 E	12:1
Category III	2:1	4:1	1:1 R/C and 2:1 E	8:1
Category IV	1.5:1	3:1	1:1 R/C and 2:1 E	6:1

Creation = The manipulation of the physical, chemical, or biological characteristics present to develop a wetland on an upland or deepwater site, where a wetland did not previously exist. Activities typically involve excavation of upland soils to elevation that will produce a wetland hydroperiod, create hydric soils, and support the growth of hydrophytic plant species. Establishment results in a gain in wetland acres.

Re-Establishment = The manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former wetland. Activities could include removing fill material, plugging ditches, or breaking drain tiles. Re-establishment results in a gain in wetland acres.

Rehabilitation = The manipulation of the physical, chemical, or biological characteristics of a site with the goal of repairing natural or historic function of a degraded wetland. Activities could involve breaching a dike or reconnecting wetland to a floodplain or returning tidal influence to a wetland. Rehabilitation results in a gain in wetland function but does not result in a gain in wetland acres.

Enhancement = The manipulation of the physical, chemical or biological characteristics of a wetland site to heighten, intensify or improve functions or to change the growth stage or composition of the vegetation present. Enhancement is undertaken for specified purposes such as water quality improvement, flood water retention or habitat. Activities typically consist of planting vegetation, controlling nonnative or invasive species, modifying the site elevation or the proportion of open water to influence hydroperiods, or some combination of these. Enhancement results in a change in some wetland functions and can lead to a decline in other wetland function, but does not result in a gain in wetland acres.

The qualified scientific professional in the wetlands report may, where feasible, recommend that restored or created wetlands shall be a higher wetland category than the altered wetland.

(4)

The community development director may increase the ratios under the following circumstances:

Uncertainty exists as to the probable success of the proposed restoration or creation;

A significant period of time will elapse between impact and replication of wetland functions;

Proposed mitigation will result in a lower category of wetland or reduced functions relative to the wetland being impacted; or

§ 22E.010.130 Wetland mitigation banks.

The impact was an unauthorized impact.

(Ord. 2852 § 10 (Exh. A), 2011)

Wetland mitigation banks are 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.

Credits from a wetland bank may be approved for use as compensation for unavoidable impacts to wetlands when:

The bank is certified under Chapter 173-700 WAC;

The community development director determines that the wetland mitigation bank provides appropriate compensation for the authorized impacts; and

The proposed use of credits is consistent with the terms and conditions of the bank's certification.

Replacement ratios for projects using bank credits shall be consistent with the terms and conditions of the bank's certification.

§ 22E.010.140 Wetland mitigation plan requirements.

Credits from a certified wetland mitigation bank may be used to compensate for impacts located within the service area specified in the bank's certification. In some cases, bank service areas may include portions of more than one adjacent drainage basin for specific wetland functions.

(Ord. 2852 § 10 (Exh. A), 2011)

Where it is determined by the city that compensatory wetland mitigation is required or appropriate, a mitigation plan shall be prepared. The purpose of the plan is to prescribe mitigation to compensate for impacts to the wetland functions, values and acreage as a result of the proposed action. This plan shall consider the chemical, physical, and biological impacts on the wetland system using a recognized wetlands assessment methodology and best professional judgment. The mitigation plan shall be prepared in two phases, a preliminary phase and a detailed phase.

Preliminary Plan – Standards and Criteria. The applicant shall prepare a preliminary mitigation plan for submission to the community development department at the time of application filing. The preliminary mitigation plan shall include the following components and shall be consistent with the standards in MMC § 22E.010.120:

A clear statement of the objectives of the mitigation. The goals of the mitigation plan should be stated in terms of the new wetland functions and values compared to the functions and values of the original wetland. Objectives should include qualitative and quantitative standards for success of the project, including:

Hydrologic characteristics (water depths, water quality, hydroperiod/hydrocycle characteristics, flood storage capacity);

Vegetative characteristics (community types, species composition, density, and spacing);

Faunal characteristics; and

Final topographic elevations;

An ecological assessment of the wetlands values and wetland buffers that will be lost as a result of the activities, and of the replacement wetlands and buffers, including but not limited to the following:

Acreage of project;

Existing functions and values;

Sizes of wetlands, wetland buffers, and areas to be altered;

Vegetative characteristics, including community type, area coverage, species composition and density;

Habitat type(s) to be enhanced, restored, or created;

A statement of the location, elevation, and hydrology of the new site, including the following:

Relationship of the project to the watershed and existing water bodies;

Topography of site using one-foot contour intervals;

Water level data, including depth and duration of seasonally high water table;

Water flow patterns;

Estimated amounts of grading, filling and excavation, including a description of imported soils;

(vi)

Water pollution mitigation measures during construction;

(vii)

Aerial coverage of planted areas to open water areas (if any open water is to be present); and

(viii)

Appropriate buffers;

A conceptual planting plan.

Prior to final development approval, a final plan consistent with the standards in MMC § 22E.010.160 shall be submitted. In addition to information contained within the preliminary plan, the detailed plan will contain:

A detailed planting plan, describing what will be planted, and where and when the planting will occur, as follows:

Soils and substrate characteristics;

Specify substrate stockpiling techniques;

Planting instructions, including species, stock type and size, density or spacing of plants, and water and nutrient requirements; and

Dates for beginning and completion of mitigation project, and sequence of construction activities;

A monitoring and maintenance plan, consistent with MMC § 22E.010.160:

Specify procedures for monitoring and site maintenance; and

Submit monitoring reports to the community development department as outlined in MMC § 22E.010.160(2)(d)(i) through (vi);

A contingency plan, consistent with these regulations;

A detailed budget for implementation of the mitigation plan, including monitoring, maintenance and contingency phases;

§ 22E.010.150 Performance standards for wetland mitigation planning.

A guarantee, in the form of a bond or other security device in a form acceptable to the city attorney, assuring that the work will be performed as planned and approved, consistent with MMC § 22E.010.160(2).

(Ord. 2852 § 10 (Exh. A), 2011)

The following performance standards shall be incorporated into mitigation plans submitted to the city of Marysville:

Use native plants (not introduced or foreign species);

Use plants adaptable to a broad range of water depths;

Plants should be commercially available or available from local sources;

Plant species high in food and cover value for fish and wildlife;

Plant mostly perennial species;

Avoid committing significant areas of site to species that have questionable potential for successful establishment;

(g)

Plant selection must be approved by a qualified scientific professional;

(h)

Planting densities and placement of plants should be determined by the qualified scientific professional and shown on the design plans;

The wetland (excluding the buffer area) should not contain more than 60 percent open water as measured at the seasonal high water mark;

(j)

Minimum buffer widths as outlined in MMC § 22E.010.100;

(k)

The planting plan must be approved by the city's community development director or consultant;

(l)

Stockpiling should be confined to upland areas and contract specifications should limit stockpile durations to less than four weeks;

(m)

Planting instructions which describe proper placement, diversity, and spacing of seeds, tubers, bulbs, rhizomes, sprigs, plugs, and transplanted stock;

(n)

Apply controlled-release fertilizer at the time of planting and afterward only as plant conditions warrant (determined during the monitoring process) and with consideration of runoff and a type that will minimize impacts beyond the area intended;

(o)

Install an irrigation system, if necessary, for initial establishment period as determined by the planning director or their designated official;

(p)

Buffers shall be surveyed, staked, and fenced prior to any construction work, including grading and clearing, that may take place on the site. Permanent fencing is required pursuant to MMC § 22E.010.370;

(q)

Temporary erosion and sedimentation controls, pursuant to an approved plan, shall be implemented during construction; and

(r)

Construction specifications and methods must be approved by a qualified scientific professional and the community development department.

The following additional standards shall apply to wetland creation sites:

Water depth is not to exceed six and one-half feet (two meters);

The grade or slope that water flows through the wetland is not to exceed six percent;

Slopes within the wetland basin and the buffer zone should not be steeper than a three to one ratio (horizontal to vertical).

§ 22E.010.160 Wetland monitoring program and contingency plan.

On completion of construction, the wetland mitigation project must be signed off, to indicate that the construction has been completed as planned, by the applicant's qualified scientific professional and the community development department.

(Ord. 2852 § 10 (Exh. A), 2011)

A monitoring program shall be implemented to determine the success of the mitigation project and any necessary corrective actions. This program shall determine if the original goals and objectives are being met.

A contingency plan shall be established for compensation in the event that the mitigation project is inadequate or fails. Security for performance in accordance with Chapter 22G.040 MMC is required for performance, monitoring and maintenance in accordance with the terms of the mitigation agreement. The security for performance shall be for a period of five years, but the community development department may agree to reduce the security in phases in proportion to work successfully completed over the duration of the security.

During monitoring, use scientific procedures for establishing the success or failure of the project;

For vegetation determinations, permanent sampling points shall be established;

Vegetative success equals 80 percent survival of planted trees and shrubs and 80 percent cover of desirable understory or emergent species;

Submit monitoring reports on the current status of the mitigation project to the community development department. The reports are to be prepared by a qualified scientific professional and reviewed by the community development department and should include monitoring information on wildlife, vegetation, water quality, water flow, storm water storage and conveyance, and existing or potential degradation, and shall be produced on the following schedule:

At time of construction;

Thirty days after planting;

Early in the growing season of the first year;

End of the growing season of first year;

Twice the second year; and

(vi)

Annually thereafter;

Monitor between three and five growing seasons, depending on the complexity of the wetland system. The time period will be determined and specified in writing prior to the implementation of the site plan;

If necessary, correct for failures in the mitigation project;

(g)

Replace dead or undesirable vegetation with appropriate plantings, based on the approved planting plan or MMC § 22E.010.150;

(h)

Repair damages caused by erosion, settling or other geomorphological processes;