WAC 173-700-222. Content of the instrument

The minimum technical elements required in the instrument are: (1) The goals and objectives of the project; (2) Site location including city or county, proximity to existing roads and other landmarks, and a vicinity map showing location of the proposed site(s); (3) A description of existing conditions of the proposed site(s) including, but not limited to: (a) Local land use or zoning designation; (b) Current uses; (c) Presence of liens, rights of way, easements, or other encumbrances; (d) The landscape position of the site including WRIA, basin, and subbasin location; (e) Wetland types present on the site including Cowardin classification and HGM class of each wetland; (f) Other habitat types present; (g) Technical information on wetland delineations, soil types, vegetation, and water sources, including surface water features and groundwater information; (h) An analysis of functions provided by on-site wetlands; (i) Adjacent land uses that might affect the bank's function; (j) Site constraints, conflicts, or known risks that could affect bank development or function; (k) Identification of all buildings, structures, and other built features that would remain on the site after construction; (l) Identification of existing mitigation sites and whether they will remain on-site after construction; and (m) Detailed site map(s) that includes, but is not limited to: (i) Total area of site; (ii) Location, delineated boundaries, size, and number of existing wetlands; (iii) Location of all streams, ponds, and other water features on and adjacent to the site; (iv) Location and type of all known water control features on and adjacent to the site; and (v) Presence of rights of way, easements, or other encumbrances. (4) A statement of how the bank meets any watershed restoration needs and how its design and location are ecologically appropriate; (5) The rationale for site selection addressing the considerations listed in WAC 173-700-303 ; (6) A detailed description of the proposed bank site including, but not limited to: (a) The bank size; (b) The Cowardin and HGM classes, wetland rating, and sizes of wetlands and other aquatic resources proposed; (c) A description of the buffers for the site and any other habitats provided on the site; (d) The functions to be provided by the bank and level of increase over existing conditions; (e) Detailed site design plans and specifications to include grading plans, planting plans, and specifications for any structures; and (f) Construction timing and schedules. (7) Documentation of the ownership of bank lands and a legal description of the bank site; (8) A detailed description of sponsor responsibilities for construction implementation, monitoring and reporting, and maintenance; (9) A description and map of the service area and accompanying rationale that demonstrates the service area is ecologically appropriate; (10) The potential number of credits to be generated by the bank and a credit description consistent with WAC 173-700-310 ; (11) A description of any restrictions on use of credits; (12) Documentation of water rights for the proposed bank, if required; (13) An evaluation of historic, cultural, and archaeological resources on the bank site; (14) Credit tracking and accounting procedures including reporting requirements; (15) Performance standards for determining bank success and credit release including a schedule for the phased release of credits, if necessary; (16) Monitoring plan and reporting protocols including a clear statement of responsibility for conducting the monitoring and reporting; (17) An adaptive management plan and statement of responsibility for adaptive management activities; (18) Financial assurances; (19) The ownership arrangements and long-term management plan for the bank; (20) Provisions for permanent protection of the bank site; (21) Force majeure clause (identification of sponsor responsibilities in the event of catastrophic events that are beyond the sponsor's control); (22) Any supporting documentation requested by the department; (23) A provision stating that legal responsibility for providing the compensatory mitigation lies with the sponsor once a permittee secures credits from the sponsor; and (24) Default and closure provisions.