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Wetland Mitigation Credit buy/sell agreement with Cowlitz mitigation Partners, LLC BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON IN THE MATTER OF: ) RESOLUTION NO. 18- Approving a Wetland Mitigation Credit Buy/Sell Agreement with Cowlitz Mitigation Partners, LLC for the purchase of 0.47 acres of wetland mitigation credits WHEREAS, Cowlitz Mitigation Partners, LLC(Bank Sponsor) has established a wetland mitigation bank known as the Coweeman River Mitigation Bank(CRMB)which has been approved by the Washington State Department of Ecology, U.S.Army Corps of Engineers, U.S. Environmental Protection Agency, National Marine Fisheries Service, Washington State Department of Fish and Wildlife, and Cowlitz County; and WHEREAS,the purpose of the CRMB is to provide off-site mitigation for unavoidable impacts to wetlands,fish habitat, and other critical areas associated with certain development activity within the CRMB Service Area; and WHEREAS,Lewis County is proposing development activities in the Ed Carlson Memorial Field/South Lewis County(Toledo)Airport Taxiway Improvements Project (Project)that will require permits and/or approval from regulatory agencies and cause unavoidable impacts to wetlands and require mitigation; and WHEREAS, Lewis County wishes to purchase from Bank Sponsor and Bank Sponsor wishes to sell to Lewis County wetland credits from the CRMB for wetland mitigation due to the impacts from Project for the terms and conditions in the attached Wetland Mitigation Credit Buy/Sell Agreement (Agreement); and WHEREAS,the Community Development Director has reviewed the Agreement and recommends that the Board of County Commissioners (BOCC) authorize execution of the Agreement with the purchase price of $124,550.00 for Project wetland mitigation credits; and WHEREAS, it appears to be in the best public interest to authorize the execution of Agreement between Lewis County and Bank Sponsor. NOW,THEREFORE, BE IT RESOLVED that the BOCC concurs with the recommendation and approves the Wetland Mitigation Credit Buy/Sell Agreement with Cowlitz Mitigation Partners, LLC for the purpose of purchasing 0.47 acres of wetland mitigation credits in the amount of$124,550.00 and the BOCC hereby authorizes the Community Development Director to sign the same. DONE IN OPEN SESSION this O day of 2018. APPROVED AS TO FORM: BOARD OF COUNTY COMMISSIONERS Jonatha s'ecuting Attorney LEWIS COUNTY,WASHINGTON "Th :.': ''eputy Prosecuting Attorney Edna . Fund, Chai •�`SCOUIV �•• ATTEST: •ok " O.4`s ,pert C.Jackson,Vice Chair SINCE ` s* ' Rieva Lester, Clerk of the Board ®`y �l� ,c5 /Qary Sta per, Commissioner °•�NS iscc o° MITIGATION CREDIT BUY/SELL AGREEMENT COWEEMAN RIVER MITIGATION BANK This Wetland Mitigation Credit Buy/Sell Agreement("Agreement") is made by and between Cowlitz Mitigation Partners, LLC a Washington limited liability company("Bank Sponsor"), and Lewis County, a Washington municipal corporation("Buyer") (collectively "Parties"). 1. RECITALS 1.1. With approval and authorization from the Washington State Department of Ecology ("Ecology"),U.S. Army Corps of Engineers ("Corps"), Environmental Protection Agency ("EPA"),National Marine Fisheries Service ("NMFS"), Washington Department of Fish and Game("WDFW") and Cowlitz County (collectively the "Permitting Authorities"), Bank Sponsor has established a mitigation bank known as the "Coweeman River Mitigation Bank" ("CRMB"). 1.2. The CRMB is established to operate in the State of Washington with a Service Area defined by the Mitigation Banking Instrument. 1.3. The purpose of the CRMB is to provide off-site mitigation for unavoidable impacts to wetlands, fish habitat and other critical areas associated with certain development activity within the Service Area. 1.4. Bank Sponsor is authorized by the Permitting Authorities to operate the CRMB and to obtain,hold, sell, and transfer wetland mitigation credits("Wetland Credits") and fish habitat mitigation credits ("DSAYs"), said credits being units of trade representing the increase in ecological value of a site, as measured by acreage, functions, and/or values ("Mitigation Credits"). 1.5. Buyer contemplates undertaking a development activity within the Service Area ("Project"), which will require permits and/or approvals("Permit(s)") from regulatory agencies and which development activity may cause unavoidable impacts to wetlands and may require mitigation. Buyer is solely responsible for determining whether such mitigation can be satisfied by its acquisition of Mitigation Credits. 1.6. Buyer wishes to purchase from Bank Sponsor and Bank Sponsor wishes to sell to Buyer Wetland Credits or DSAYs from the CRMB for the Project on the terms and conditions contained in this Agreement. 2. AGREEMENT NOW THEREFORE, in consideration of the mutual covenants and conditions and promises contained in this Agreement, and for other good and valuable consideration,the receipt and sufficiency of which is acknowledged, Bank Sponsor and Buyer agree as follows: I September 4. 2018 Purchase/Sale of Mitigation Credits 2.1.1. Purchase/Sale. Bank Sponsor hereby sells to Buyer and Buyer hereby buys from Bank Sponsor forty-seven hundredths of a(0.47) Wetland Credits or DSAYs upon all of the terms, covenants, and conditions set forth in this Agreement ("Project Mitigation Credits"). 2.1.2. Purchase Price. The purchase price for the Project Wetland Credits shall be one hundred twenty-four thousand, five hundred fifty and 00/100 Dollars (U.S. $124,550.00) ("Wetland Credit Purchase Price"). 2.1.3. Payment. Buyer agrees to pay the Purchase Price to Bank Sponsor as otherwise provided in this Agreement. 2.2. Buyer's Obligations/Limitation on Transfer of Mitigation Credits/Project Information. 2.2.1. Mitigation Credits for Project. Buyer shall be solely responsible for determining whether the Mitigation Credits may be used for the Project and the Permit(s). Bank Sponsor provides no representation or warranty as to the utility or applicability of the Mitigation Credits to the Project or Permit(s). Buyer acknowledges and agrees that Bank Sponsor shall sell the Project Mitigation Credits specifically for the Permit(s) identified in Section 2.2.2 below and that, as of Closing, said credits shall not be transferable. 2.2.2. Project. [to be completed by Buyer] The Project, Permit(s), and related information is as follows: 2.2.2.1. Buyer's name, address, &telephone number: Lewis County Community Development, 2025 NE Kresky Avenue, Chehalis WA 98532 2.2.2.2. Permitting Agency(ies) name(s), address(es), telephone number(s): US Army Corps of Engineers, Regulatory Branch, P.O. Box 3755, Seattle, WA 98124 (206) 764-6248;_and Washington Department of Ecology, P.O. Box 47775, Olympia, WA 98504 (360)407-6300 2.2.2.3. Permit(s)Number(s) Date of Permit: Permit Agency Number Date of Issuance USACE NWS-2016-1061 Sept 4, 2018 2.2.2.4. Project Name & Location:_Ed Carlson Memorial Field/South Lewis County (TDO)- Airport Improvement Project. 5239 Jackson Highway,Toledo, WA 98591; legal description Township 12N, Range 1 West, Sections 33 and 34. 2.2.2.5. Brief Description of Impact(s)to be Compensated for by the Project 2 September 4, 2018 Mitigation Credits: 0.47 Wetland Credits purchased for permanent impacts to 0.44 acres of Category III wetland and 0.03 acres of Category IV wetland for the Ed Carlson Memorial Field/South Lewis County Airport Improvement Project. 2.2.3. Disclosure. Buyer acknowledges and agrees that Bank Sponsor may, as part of the process for transferring the Project Mitigation Credits, disclose the information provided under Section 2.2.2 above to the permitting agency(ies)described in Section 2.2.2, the Clark County Auditor, and the Permitting Authorities. 2.3. Title/Risk of Loss 2.3.1. Conveyance. At Closing, Bank Sponsor shall convey to Buyer the Project Mitigation Credits, free of liens, encumbrances, restrictions,rights, and conditions, except as expressly provided for herein. Conveyance shall be in the form of a letter from the Bank Sponsor to the Buyer and Permitting Authorities notifying them that credits have been transferred by the bank to the Buyer for the permits and projects detailed in Section 2.2.2 2.3.2. Risk of Loss. Bank Sponsor shall bear the risk of loss of the Project Mitigation Credits prior to Closing. 2.4. Representations and Warranties Bank Sponsor represents and warrants to Buyer that: 2.4.1. Bank Sponsor is authorized by the Permitting Authorities to operate the CRMB and to obtain, hold, sell, and transfer Mitigation Credits; and 2.4.2. Bank Sponsor owns the Project Mitigation Credits and has the right to sell said credits to Buyer. 2.5. Closing 2.5.1. Closing and Closing Date. The closing of the purchase and sale of the Project Mitigation Credits ("Closing")shall occur when the Bank Sponsor receives a cashiers check for the purchase amount,under the terms of this Agreement within ten(10)days after the effective date of this Agreement("Closing Date"). 2.5.2. Limits on Closing Date. The Closing Date shall not be modified without the written approval of Bank Sponsor and Buyer. 2.6. Notice 2.6.1. Except as may be otherwise expressly provided for herein, all notices required or permitted to be given under this Agreement shall be in writing and shall be delivered or sent: (a) in person; (b)by U.S. Mail, postage prepaid and certified with return receipt requested; or(c)by nationally recognized overnight delivery service, prepaid, and addressed as set forth below. Either party may change its address by 3 September 4, 2018 notifying the other party in writing of the change of address. Notice shall be deemed delivered immediately, if delivered in person, or within two days if sent by any other means set forth in this Section 2.6. 2.6.2. If to Bank Sponsor: CRMB C/O Habitat Bank 801 E 1st St. Suite B-107 Cle Elum, WA 98922 2.6.3. If to Buyer: As provided in Section 2.2.2 above. 2.7. Miscellaneous 2.7.1. Effective date. The effective date of this Agreement shall be the earliest date by which both Bank Sponsor and Buyer have executed this Agreement. 2.7.2. Assignment. Buyer's rights under this Agreement shall not be assigned or apportioned, either voluntarily or by operation of law, without the prior written consent of Bank Sponsor, which shall be in Bank Sponsor's reasonable discretion. Subject to the foregoing limitation,this Agreement shall inure to the benefit of and be binding upon the Parties' respective successors and assigns. 2.7.3. Entire Agreement. This Agreement constitutes the entire agreement and understanding between the Parties with respect to the purchase and sale of the Project Mitigation Credits,and supersedes and replaces any prior agreements and understandings,whether oral or written, between them with respect to said matters. 2.7.4. Time. Time is of the essence of this Agreement. 2.7.5. Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington. 2.7.6. Amendment. No change or modification of this Agreement shall be valid unless the same is in writing and signed by the Parties. No waiver of any of the provisions of this Agreement shall be valid unless in writing and signed by the party against whom it is sought to be enforced. 2.7.7. Captions. The captions of this Agreement have no effect upon its interpretation and are for convenience and ease of reference only. 2.7.8. Severability. The unenforceability, invalidity,or illegality of any provision hereof shall not render any other provision unenforceable, invalid, or illegal. 2.7.9. Computation of Time. If any date set forth in this Agreement for the delivery of any document or the happening of any event should,under the terms hereof, fall on a weekend or holiday,then such date shall be automatically extended to the next succeeding weekday that is not a holiday. 2.7.10. Attorneys' Fees. In the event either party to this Agreement finds it necessary to 4 September 4, 2018 bring an action at law or other proceeding against the other party to enforce any of the terms, covenants,or conditions of this Agreement or any instrument executed pursuant to this Agreement, or by reason of any breach or default under this Agreement,the prevailing party in any such action or proceeding (and any appeal thereof) shall be paid all costs and reasonable attorneys' fees by the other party. This provision shall survive Closing and shall not be merged into the Bill of Sale. 2.7.11. Acts Beyond Party's Control. Neither party to this Agreement shall be in default or violation as to any obligation created hereby and no condition precedent or subsequent shall be deemed to fail to occur if such party is prevented from fulfilling such obligation by, or such condition fails to occur due to, forces beyond such party's reasonable control, including without limitation, destruction or impairment of facilities resulting from breakdown not resulting from lack of ordinary care and maintenance, flood, earthquake, slide, storm, lightning, fire, epidemic, war, riot, civil disturbance, sabotage,proceeding by court or public authority, or act or failure to act by court,public authority, or third party, which forces by exercise of due diligence and foresight such party could not reasonably have expected to avoid. 2.7.12. No Joint Venture. It is not intended by this Agreement to, and nothing contained in this Agreement shall,create any partnership,joint venture, or other arrangement between Buyer and Bank Sponsor. No term or provision of this Agreement is intended to be, or shall be, for the benefit of any person, firm, organization, or corporation not a party to this Agreement, and no such other person, firm, organization, or corporation shall have any right or cause of action hereunder. 2.7.13. Counterparts/Faxes. This Agreement may be executed in one or more counterparts with like effect as if all signatures appeared on one copy. Facsimile transmission of any signed original document (other than the Bill of Sale), and retransmission of any signed facsimile transmission shall be the same as delivery of an original. At the request of either party or the Escrow Agent, the Parties shall confirm facsimile transmitted signatures by signing an original document. The Parties have executed this Agreement as of the dates set forth below. COWLITZ MITIGATION PARTNERS,LLC, Bank Sponsor B y - 6 / / g Victor Woodward, Manager Date Lewis County Buyer 3J B ask • /.rte LJ1 1 D 15s Lee Napier, I' -c +r D to 5 September 4, 2018 TAT Op DEPARTMENT OF THE ARMY ,4 ,A?C''f r r;d• CORPS OF ENGINEERS, SEATTLE DISTRICT a..: P.O.BOX 3755 la,� IIP�1 P7' SEATTLE,WASHINGTON 98124-3755 41 °,1' F e! �sCA7C5 OF 7!� Regulatory Branch September 4, 2018 Ms. Lee Napier Lewis County 2025 Northeast Kresky Avenue Chehalis, Washington 98532 Reference: NWS-2016-1061 Lewis County (Ed Carlson Memorial Field /South Lewis County Airport Improvements —NWP Re- Authorization) Dear Ms. Napier: We have reviewed your application to place fill in 0.47 acre of wetlands to make taxiway and airport improvements near Toledo, Lewis County, Washington. Based on the information you provided to us, Nationwide Permit (NWP) 14, Linear Transportation Projects (Federal Register January 6, 2017, Vol. 82, No. 4), authorizes your proposal as depicted on the enclosed drawings dated June 2018. In order for this authorization to be valid, you must ensure the work is performed in accordance with the enclosed NWP 14, Terms and Conditions and the following special conditions: a. You shall implement and abide by the revised Ed Carlson Memorial Field South Lewis County Airport, Wetland Mitigation Bank Use Plan, dated August 21, 2018, prepared by WHPacific, Inc., and obtain mitigation bank credits from the Coweeman River Mitigation Bank in accordance with Section 9 of the Bank Use Plan. b. You shall obtain from the Coweeman River Mitigation Bank sponsor documentation of the completed mitigation bank transaction. You shall submit to the U.S. Army Corps of Engineers, Seattle District, Regulatory Branch, documentation on the completed mitigation bank transaction prior to performing work in waters of the U.S. authorized by this permit. All submittals must prominently display the reference number NWS-2016- 1061. -2- The Federal Aviation Administration completed no effect determinations for the National Historic Preservation Act, Section 7 of the Endangered Species Act (ESA), and Magnuson Stevens Act essential fish habitat (EFH) for its involvement in the proposed activity. For the purpose of this Department of the Army authorization, we have determined this project will comply with the requirements of these laws provided you comply with all of the permit general conditions. We have determined the permit action is sufficiently addressed in their ESA and EFH determination documents. By this letter we are advising you and the Services, in accordance with 50 CFR 402.07 and 50 CFR 600.920(b), that this agency has served as the lead Federal agency for the ESA and EFH consultation responsibilities for the activity described above. The authorized work complies with the Washington State Department of Ecology's (Ecology) Water Quality Certification (WQC)requirements for this NWP. No further coordination with Ecology for WQC is required. You have not requested a jurisdictional determination for this proposed project. If you believe the U.S. Army Corps of Engineers does not have jurisdiction over all or portions of your project you may request a preliminary or approved jurisdictional determination (JD). If one is requested, please be aware that we may require the submittal of additional information to complete the JD and work authorized in this letter may not occur until the JD has been completed. Our verification of this NWP authorization is valid until March 18, 2022, unless the NWP is modified, reissued, or revoked prior to that date. If the authorized work has not been completed by that date and you have commenced or are under contract to commence this activity before March 18, 2022, you will have until March 18, 2023, to complete the activity under the enclosed terms and conditions of this NWP. Failure to comply with all terms and conditions of this NWP verification invalidates this authorization and could result in a violation of Section 404 of the Clean Water Act. You must also obtain all local, State, and other Federal permits that apply to this project. You are cautioned that any change in project location or plans will require that you submit a copy of the revised plans to this office and obtain our approval before you begin work. Deviating from the approved plans could result in the assessment of criminal or civil penalties. Upon completing the authorized work, you must fill out and return the enclosed Certificate of Compliance with Department of the Army Permit. Thank you for your cooperation during the permitting process. We are interested in your experience with our Regulatory Program and encourage you to complete a customer service survey. These documents and information about our program are available on our website at www.nws.usace.army.mil, select "Regulatory -3- Branch, Permit Information" and then "Contact Us." A copy of this letter with enclosures will be furnished to Ms. Karry Blake at KBlake @whpacific.com. If you have any questions, please contact me at evan.g,carnes @usace.army.mil or(206) 316-3049. Sincerely, Evan G. Carnes, Project Manager Regulatory Branch Enclosures cc: Washington Department of Ecology, Federal Permit Coordinator: ecyrefedpermits @ecy.wa.gov U.S. Fish and Wildlife Service: wfwoctap @fws.gov National Marine Fisheries Service: frankie.johnson @noaa.gov Ed Carlson Memorial Field / South Lewis County Airport (TDO) 2017 Airport Improvements Project Wetland Mitigation Bank Use Plan Table of Co-,t,-,n-r, 1. Project Description 1 2. Existing Conditions of Wetlands and Buffers 1 3. Avoidance and Minimization of Wetlands Impacts 2 4. Unavoidable Wetland Impact Acreage 2 5. Impacted Wetland Functions 3 6. Wetland Mitigation Site Rationale 4 7. Wetland Functions Provided at Wetland Mitigation Bank 4 8. Wetland Functions Not Mitigated at Wetland Mitigation Bank 4 9. Proposed Mitigation Credits 5 10. Credit Purchase or Transfer Timing 5 January 11, 2018 Ed Carlson Memorial Field / South Lewis County Airport (TDO) 2017 Airport Improvements Project Wetland Mitigation Bank Use Plan 1. Project Desc: ipt_ior The following improvements planned for the South Lewis County Airport (Airport) will impact onsite wetlands: • Reconstruct the parallel taxiway and the connector taxiways north of Runway 06-24. • Re-align entrance/exit taxiways at both ends of the runway with standard right-angle taxiways. • Install a new subsurface edge drainage system along the taxiways and replace existing culverts across the taxiways. A Wetland Delineation and Wetland Functional Assessment were completed for the project. A Categorical Exclusion (CATEX) was prepared following the Federal Aviation Administration (FAA) format. The FAA is the lead federal agency for the project. In addition, a Washington State Environmental Protection Act (SEPA) checklist and Joint Aquatic Resources Permit Application (JARPA) package were prepared. These packages are included as Attachments A, B, and C respectively. Both the CATEX and JARPA packages include copies of the Wetland Delineation,Wetlands Function and Value Assessment,and figures showing the project area and wetlands. 2. Existing Conditions of Wetlands and Buffers The study area contains five wetlands totaling 8.3 acres, three in the Airport's infield, and two along the northern side of the taxiway.There are also two sections of drainage ditch along the taxiway with wetland characteristics, and a wetland drainage swale. The wetland ditches and swale are included in Wetland 4 for purposes of assessment. All wetlands are classified as palustrine emergent(PEM).Table 1 contains a description of the Airport wetlands location,vegetation type, size, HGM Class and wetland category. Wetlands 1, 2, and 3 are located within the airport infield. They receive stormwater discharges from the paved runway and taxiway that surrounds them. Wetlands 4 and 5 are similar to Wetlands 1-3, except that they are bordered by impervious surfaces on only one side. Vegetation on the Airport and in the project area is frequently mowed. The dominant plant species are non-native grasses:tall fescue (Schedonorus arundinaceus) and bentgrass(Agrostis spp.),with patches of common camas(Camassia quamash),slender rush(Juncus tenuis),and sedges(Carex spp.). Lady's tresses orchid (Spiranthes romanzoffiana) are scattered among the grasses. Wetland conditions have formed in flats and slight depressions due to a combination of high clay content in the soils and inadequate surface drainage. Prather subsoils with high clay content were exposed by grading. Hydrologic support comes from direct precipitation. Wetlands on site are subject to shallow inundation or saturation in the upper 12 inches during the winter and early spring, but dry out completely in the summer and fall. Wetland buffers are also regularly-mowed grasslands with the dominant plant species being non-native grasses. 1 January 11, 2018 Ed Carlson Memorial Field / South Lewis County Airport (TDO) 2017 Airport Improvements Project Wetland Mitigation Bank Use Plan Table 1—Airport Wetland Descriptions Map Unit Location,Wetland Type and Size-Area HGM Class Wetland Vegetation (acres) Category Wetland 1: Infield area. Flats or slight depression 0.54 Depressional IV with seasonal standing water or saturation. Non-native grasses, slender rush Wetland 2: Infield area. Flats or slight depression 1.90 Depressional IV with seasonal standing water or saturation. Non-native grasses, slender rush. Wetland 3 Infield area. Flats or slight depression 3.95 Depressional IV with seasonal standing water or saturation. Non-native grasses, slender rush. Wetland 4 Slight depression formed by grading 0.96 Depressional Ill along north side of airport property. Stormwater drains to this area from infield and drainage ditches. Seasonal standing water or saturation. Non-native grasses, slender rush,sedges,common camas Wetland 5 Slight depression formed by grading 0.96 Depressional Ill along north side of airport property. Stormwater drains to this area from drainage ditch. Seasonal standing water or saturation.Non-native grasses, slender rush, sedges, common camas TOTAL 8.3 acres . Avoicidnc-e df1Ci Mum-1-17.atioti of Wetlands Impacts The parallel taxiway was realigned to the north to reduce wetland impacts from 2.2 acres to 0.48 acres. The original taxiway design at the current taxiway centerline alignment would have impacted 2.2 acres of wetlands.The taxiway was redesigned by shifting the parallel taxiway to the north to avoid the wetlands south of the existing parallel taxiway. The taxiway realignment resulted in significant reduction in wetland impact, with only 0.48 acres of the wetlands impacted for this project. 4. Unavoidable Wetland Impact Acreage The Wetland Delineation Report, Appendix C, contains figures showing the wetland areas. Figures 1 through 3 included with the JARPA package show the project footprint and wetlands.Tables 2 and 3 show expected wetland impacts and an impact summary by wetland classification, respectively. 2 January 11, 2018 Ed Carlson Memorial Field / South Lewis County Airport (TDO) 2017 Airport Improvements Project Wetland Mitigation Bank Use Plan Table 2—Expected Impacts to Wetlands Wetland Wetland Permanently Temporary Indirect Cowardin Ecology Lewis HGM Identifier Area Filled Wetland Wetland Impact Class Rating County Classification (acres) Area(acres) Impacts Area Rating Area (acres) (acres) 1 0,54 0.01 0 0 PEM IV B Depressional 2 1.90 0 0 0 PEM IV B Depressional 3 3.95 0 0 0 PEM _ IV B Depressional 4 0.96 0.32 0 0 PEM III B Depressional 5 0.96 0.15 0 0 PEM III B Depressional TOTAL 8.3 0.48 0 0 Table 3—Wetland Impact Summary by Classification Area of Areas of 1 Areas of Classification System Class Permanent Temporary Indirect Impacts Impacts Impacts (acres) (acres) (acres) Washington State Rating III 0.47 0 0 IV 0.01 0 0 Lewis County Rating B 0.48 0 0 USFWS Cowardin PEM 0.48 0 0 Hydrogeomorphic Depressional 0.48 0 0 5. Impacted Wetland f=unct.lo Wetlands 1, 2, and 3, located within the airport infield, collect runoff from the runway and taxiway, and have some capacity for improving water quality. However, they are rated Low to Medium for water quality in part because they are frequently mowed,which reduces their capacity to trap sediment. These wetlands are rated higher for hydrologic functions because they receive stormwater discharges from impervious surfaces. Generally, habitat functions for these wetlands are low, because the paved surfaces surrounding them create a barrier to accessible habitat. They would be rated lower for habitat functions, except there is a large percentage of undisturbed habitat and low to medium intensity land use in the surrounding landscape. Each scores a total of 15 points, placing them in Category IV. Wetlands 4 and 5 are in most respects similar to Wetlands 1-3, except that they are bordered by impervious surfaces on only one side. As a result, habitat is much more accessible from undisturbed and low-medium intensity land use areas in the surrounding landscape which results in a higher score for habitat functions. Consequently, total scores are 18 (Wetland 4) and 17 (Wetland 5) placing them in Category III. 3 January 11, 2018 Ed Carlson Memorial Field /South Lewis County Airport (TDO) 2017 Airport Improvements Project Wetland Mitigation Bank Use Plan 6. Wetland Mitigation Site Rationale The Coweeman River Mitigation Bank(Bank)was selected for fee-in-lieu mitigation because it provides appropriate, in-kind mitigation within the Cowlitz River watershed-Water Resource Inventory Area (WRIA 26)to compensate for wetland impacts at the Airport. The Airport is located in the Cowlitz River watershed-WRIA 26. The Bank provides universal credits to preserve, enhance, and create depressional, emergent wetlands with higher scores for water quality, hydrologic and habitat functions. The purpose of the Bank is to generate mitigation credits for purchase to compensate for wetland impacts as stipulated by permits. The ecological goals and objectives of the Bank correspond to the needs of the project by improving hydrology, hydrological,water quality and habitat functions. Discussion with the Bank on September 29,2016 showed they have available credit for sale that will compensate for the loss of 0.48 acres of Category III and IV wetlands at the Airport.They can supply the same type of function as required by the project, and their wetlands are higher quality. The Bank has corresponding purpose, goals and objectives. A small portion (less than 6%)of Airport wetlands will be filled by the taxiway project. The remaining 94%of wetlands will continue to function as before. 7, Wetland Functions Provided at Wetland Mitigation Bank The functions provided at the Bank equal or exceed the functions of the 0.48 acres of impacted wetlands on the Airport and will provide adequate mitigation from project impacts. The Airport's depressional, emergent wetlands scored low to moderate in water quality, hydrologic and habitat functions;whereas,the Bank scored low to moderate in water quality, moderate in hydrologic function, and low to high in habitat function. Overall scores for the wetlands at the Airport are 15 (Category IV), 18 and 17(Category III).The Bank provides credits to preserve depressional,emergent wetlands with higher overall scores of between 30 and 45 for Category flf wetlands. The Bank does not contain Category IV wetlands. Additionally, habitat scores for the Airport depressional, emergent wetlands are 4,5 and 6. The Bank's habitat scores for the same type of wetland are between 10 and 28. The Bank preserves overall higher quality depressional, emergent wetlands by eliminating disturbances to increase water quality and habitat function, removing invasive vegetation and establishing native wetland plant communities, and creating and improving wetland hydrology and floodplain connectivity. By connecting and protecting aquatic systems, the Bank provides higher functioning ecosystems and corridors that benefit fish and wildlife. 8. Wetland Function~ Not Mitigated at Wetland Mitigation Bank The remaining 7.82 acres of wetlands and stormwater features designed for the taxiway expansion project will continue to provide stormwater treatment,flood storage and groundwater recharge. Additionally, unneeded portions of the taxiway will be removed reducing the amount impervious surface by 0.1 acres and decreasing the amount of runoff. 4 January 11, 2018 Ed Carlson Memorial Field / South Lewis County Airport (TDO) 2017 Airport Improvements Project Wetland Mitigation Bank Use Plan 9. Proposed Mitigation Credits The project will purchase 0.48 credits from the Bank to compensate for 0.48 acres of permanent fill in wetlands. Table 4 shows the category of impacted wetlands and the credits recommended for impacts, and Table 5 shows the credits needed per impact acre and the credits proposed for purchase. Table 4—Coweeman Credits Recommended for Wetland Impacts Category of Impacted Wetland Credit Recommended Per Impact Acre III 1:1 IV 0.85:1 Table 5—Mitigation Bank Credits Proposed for Use by Impact Project Wetland Total Permanently Ecology Credit Credit Identifier Wetland Filled Wetland Rating Needed Proposed Area Area(acres) per for Use (acres) Impact Acre 1 0.54 0.01 IV 0.85 0.0085 2 1.90 0 IV 0 0 3 3.95 0 IV 0 0 4 0.96 0.32 III 1 0.32 5 0.96 0.15 III 1 0.15 TOTAL 8.3 0.48 0.48 10. Credit Purchase or ? ransler Timing The project will purchase 0.48 credits from the Bank after the work is authorized under Nationwide Permit 14 by the U.S. iu my Corps of Engineers and Department of Ecology. 5 January 11, 2018 BOCC AGENDA ITEM SUMMARY Resolution: BOCC Meeting Date: Oct 08, 2018 Suggested Wording for Agenda Item: Agenda Type: Consent Approval of a Wetland Mitigation Credit Buy/Sell Agreement with Cowlitz Mitigation Partners to purchase wetland mitigation credits at a cost of$124,550 for the taxiway improvements project at Ed Carlson Memorial Field/South Lewis County(Toledo) Airport. Contact Dave Campbell Phone: (360) 864-4966 Department: Community Development Action Needed: Approve Resolution Description The County is preparing to undertake an improvements project at Ed Carlson Memorial Field/South Lewis County (Toledo) Airport. The project consists primarily of taxiway reconstruction (widening and realignment) and tree removal. Work is now scheduled to get underway next spring. As designed it will involve impacts to 0.47 acres of wetlands on airport property. The project requires a permit from, among others, the U.S. Army Corps of Engineers (Corps). The Corps' permit requires the County to implement and abide by a wetland mitigation bank use plan and obtain mitigation bank credits from the Cowlitz River Mitigation Bank(CRMB). Cowlitz Mitigation Partners, LLC (CMP) has established the CRMB to provide off-site mitigation for unavoidable impacts to wetlands associated with development activity (e.g., this airport project) within the CRMB service area. Purchase of the credits from CMP by the County will be funded primarily by the Federal Aviation Administration (FAA) grant obtained by the County to undertake this improvement project. Approvals: User Group Status Campbell, David Pending Lester, Rieva Pending Eisenberg, Eric Pending Napier, Lee Pending Roy, Martin Pending Additional Copies Graham Gowing,Dave Campbell, and Lee Napier