18.65.130 Mitigation and monitoring | Covington Municipal Code

18.65.130 Mitigation and monitoring.

(1) If mitigation is allowed under this chapter to compensate for adverse impact and alterations to the critical area and associated buffer, unless otherwise provided, an applicant shall:

(a) Mitigate adverse impacts to critical areas and their buffers;

(b) Provide enhancements to degraded critical areas and their buffers;

(d) Take remedial action, as necessary.

(2) The Department shall not approve a development proposal until mitigation and monitoring plans have been reviewed and approved to mitigate for alterations to critical areas and buffers.

(3) Whenever mitigation is required, an applicant shall submit a mitigation plan that includes:

(a) Existing Conditions and Proposed Impacts. A description of existing critical areas and/or buffer conditions, functions and values and a description of the anticipated impacts;

(b) Proposed Mitigation. A description of the proposed mitigation for each impacted critical area including at a minimum type, site selection criteria, method of construction, conceptual design, and landscape plans;

(c) Environmental Goals and Objectives. A description of the goals and objectives of proposed mitigation. The goals and objectives shall be related to the function and values of the impacted critical area and provide an analysis of the likelihood of success of the compensation project;

(d) Best Available Science. A review of the best available science supporting the proposed mitigation and a description of the report author’s experience to date in restoring or creating the type of critical area proposed;

(e) Performance Standards. A description of specific measurable criteria for evaluating whether the goals and objectives of the mitigation project have been successfully attained and whether the requirements of this chapter have been met;

(f) Timing. Mitigation shall be completed concurrently with project construction, unless a phased schedule that assures completion has been approved by the Director;

(g) Detailed Construction Plans. Detailed site diagrams, scaled cross-sectional drawings, topographic maps with slope percentage and final grade elevations, and any other drawing appropriate to show construction techniques or anticipated final outcome. The plans shall include specifications and descriptions of the following:

(i) Proposed construction sequence, timing, and duration;

(ii) Grading and excavation details;

(iii) Erosion and sediment control features;

(iv) Planting plan specifying plant species, quantities, locations, size, spacing, and density; and

(v) Measures to protect and maintain plants until established;

(h) Monitoring Plan. A monitoring plan that includes:

(i) A demonstration of compliance with this chapter; and

(ii) Monitoring Program. The mitigation plan shall include a program for monitoring construction of the compensation project and for assessing a completed project. A record drawing of the completed mitigation will be submitted to the City upon completion. A protocol shall also be included outlining the schedule for annual site monitoring and how the monitoring data will be evaluated to determine if the performance standards are being met. A monitoring report shall be submitted annually to document milestones, success, problems, and contingency actions of the compensation project. The monitoring period shall be not less than five years;

(i) Contingency Plan. A contingency plan in the event of a failure of mitigation or of unforeseen impacts if:

(i) The Department determines that failure of the mitigation would result in a significant impact on the critical area or buffer; or

(ii) The mitigation involves the creation of a wetland; and

(iii) A monitoring schedule that may extend throughout the impact of the activity or for hazard areas, for as long as the hazard exists;

(j) Financial Guarantees. The mitigation plan shall include financial guarantees, if necessary, to ensure that the mitigation plan is fully implemented, in accordance with CMC 18.65.140.

(4) Mitigation shall not be implemented until after the City approves the mitigation and monitoring plan. The applicant shall notify the City when mitigation is installed and monitoring is commenced and shall provide City with reasonable access to the mitigation for the purpose of inspection during any monitoring period.

(5) If monitoring reveals a significant deviation from predicted impact or a failure of mitigation, the applicant shall implement an approved contingency plan. The contingency plan constitutes new mitigation and is subject to all mitigation requirements including a monitoring plan and financial guarantee requirements. (Ord. 09-19 § 9 (Exh. D); Ord. 06-17 § 4 (Exh. B))