Comment on the SMP Draft Update

Pearl Rains Hewett Trustee

George C. Rains Sr. Estate

Member SMP Committee

 Posted 12/1/2012

(Comment – Notice all the “shalls”… Ed.)

4.4 Mitigation and No Net Loss

 Compensatory mitigation plans shall be prepared by qualified professionals with education, training and experience in the applicable field:


4.4.3 Regulations – General Mitigation Requirements

1. Proponents of new shoreline use and development, including preferred uses and uses that are exempt from permit requirements, shall employ all reasonable measures to mitigate adverse impacts on shoreline functions and processes.


 Impacts can be mitigated if mitigation measures would not result in an extraordinary hardship and denial of reasonable use of the property.


The Clallam County SMP Draft Update mitigation measures/requirements, have gone  far beyond accepted or reasonable limits for a private property owner, they are unreasonable and guaranteed to create an extraordinary financial and procedural hardship, thus imposing a denial of reasonable use of their property.


Is it the intention of Clallam County SMP Draft Update to make Mitigation as difficult and problematic as possible, to discourage private property owners from attempting to go through this convoluted process?



If it enables higher income private property owners and denies lower income property owners in the use and development of their property?


Read on if you are concerned (complete 4.4 Mitigation No net loss is available online)



The Administrator shall require the applicant/proponent to post a bond or provide other financial surety equal to one hundred and fifty percent (150%) of the estimated cost of the mitigation to ensure the mitigation is carried out successfully. The bond/surety shall be refunded to the applicant/proponent upon completion of the mitigation activity and any required monitoring.


4.4.4 Regulations – Compensatory Mitigation Plan Contents

4.4.5 Wetland mitigation plans shall (GMA requires best available science for wetlands)

4.4.6 Mitigation plans for impacts to aquatic and wildlife habitat conservation areas shall

Mitigation plans for geologically hazardous areas shall

4.4.7 Mitigation plans for development within frequently flooded areas shall

4.4.8 Mitigation plans for impacts to critical aquifer recharge areas shall


The applicant shall pay for or reimburse the County for the costs incurred in the preparation of a mitigation plan and for the costs incurred by the County to engage technical consultants or staff for review and interpretation of data and findings submitted by or on behalf of the proponent. Technical assistance fees are required under Chapter 3.30 Clallam County Code, as now or hereafter amended.

Performance Standards: Specific and measureable criteria shall

Detailed Construction Plans: Written specifications and descriptions of compensation techniques shall

These written specifications shall

Monitoring Program: A program outlining the approach for monitoring construction of the compensation project and for assessing a completed project shall be provided. Monitoring may include, but is not limited to:

i. Establishing vegetation plots to track plant establishment/survival, and changes in plant species composition and density over time;

ii. Using photo stations to evaluate vegetation community response;

iii. Measuring physical parameters such as wetland size, stream dimensions, channel characteristics, buffer width;

iv. Monitoring shallow groundwater levels to document hydrologic regimes/hydroperiods;

v. Sampling surface and subsurface waters to determine pollutant loading and changes from the natural variability of background conditions (pH, nutrients, heavy metals);

vi. Measuring base flow rates and stormwater runoff to model and evaluate water quality predictions, if appropriate;

vii. Measuring sedimentation rates, if applicable; and

viii. Sampling fish and wildlife populations to determine habitat utilization, species abundance and diversity.


f. Monitoring and Reporting: A monitoring report shall be submitted annually, at a minimum, documenting milestones, successes, problems, and contingency actions of the compensation project. The compensation project shall be monitored for a period necessary to establish that performance standards have been met, but not for a period less than two (2) years.

g. Contingency Plan: Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met.

h. Performance Bonds and Demonstration of Competence: A demonstration of financial resources, administrative, supervisory, and technical competence and scientific expertise of sufficient standing to successfully execute the compensation project shall be provided. A compensation project manager shall be named, and the qualifications of each team member involved in preparing the mitigation plan and implementing and supervising project shall be provided , including educational background and areas of expertise, training and experience with comparable projects


the Clallam County SMP Final Draft 4-42 November 2012

. In addition, bonds ensuring fulfillment of the compensation project, monitoring program, and any contingency measures shall be posted in the amount of one hundred and fifty percent (150%) of the expected cost of compensation and shall be effective for a period of no less than two (2) years nor greater than five (5) years after Administrator approval of successful completion of the mitigation plan. Administration costs incurred by Clallam County that are associated with bond administration and/or enforcement shall be paid for by the applicant.


Additional information as specified in Sections 4.4.5 through 4.4.9, as apply   


2. Mitigation shall include the following actions in order of priority (referred to as the mitigation sequence):

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

b. Minimizing impacts by limiting the degree or magnitude of the action and its implementation by adhering to the dimensional requirements, performance standards and design criteria in this Program and using other technologies or steps, as needed, to avoid or reduce impacts;

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

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

e. Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and

f. Monitoring the impact and the compensation projects and taking appropriate corrective measures.


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