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(1) In-stream structures shall not impede upstream or downstream migration of anadromous fish. All new replacement structures, including culverts, shall be made fish passable in accordance with the most recent Washington State Department of Fish and Wildlife requirements or with the National Marine Fisheries Service guidelines for Endangered Species Act-listed species.

(2) Structures shall be designed and located to minimize removal of riparian vegetation.

(3) In-water structures shall be located and designed to preserve or enhance aquatic habitat and to minimize impacts on the visual and aesthetic quality of the shoreline.

(4) In-water structures shall be allowed when performed by or at the direction of a government agency as follows:

(a) Construction methods will reduce or not adversely affect geologic hazards;

(b) Work is completed in the least impactful way during the least impactful time of year and is in conformance with applicable best management practices;

(c) All affected in-stream and buffers features are restored;

(d) Proposed in-stream work will restore or improve habitat;

(e) Use of retaining walls that allow maintenance of existing natural slope areas is preferred over graded artificial slopes, unless an alternative design provides equivalent or greater long-term slope stability;

(f) The maintenance does not involve the use of herbicides, hazardous substances, sealants, or other liquid oily substances in streams, wetlands or their buffers; and

(g) When maintenance involves work over and within water:

(i) The maintenance is compliant with Washington State Department of Ecology and other applicable State and Federal agencies; and

(ii) The maintenance of culverts is limited to removal of sediment and debris from the culvert and its inlet, invert and outlet and the stabilization of the disturbed or damaged bank or channel immediately adjacent to the culvert and shall not involve the excavation of a new sediment trap adjacent to the inlet. (Ord. 09-19 § 6 (Exh. C))