All mitigable wetland impacts shall be mitigated as required under the COE 404 permit program.
(A) For all mitigable wetland impacts:
(1) Mitigation may be made within a wetland mitigation facility;
(2) Mitigation may be made by the purchase of credits from a wetland mitigation bank; and
(3) Mitigation may be made by the payment of a fee-in-lieu of mitigation pursuant to this subchapter.
(B) Wetland impacts upon wetlands with an FQI of 7 or more, but less than 16, shall be mitigated at a ratio of 2:1.
(C) Wetland impacts upon wetlands with an FQI of 16 or more, but less than 25, shall be mitigated at a ratio of 3:1.
(D) Wetland impacts upon wetlands with an FQI of more than 25 shall be mitigated at a minimum ratio of 10:1, plus one half for each point by which the FQI exceeds 25, rounded up to the nearest whole number.
(E) Wetland impacts upon wetlands that are inhabited by a threatened or endangered species shall be mitigated at a ratio of 3:1.
(F) Mitigation for wetland impacts upon more than one wetland within a site shall meet the standards applicable to each individual wetland that is impacted.
(G) FQI assessments made before June 1 or after October 15 shall be considered to be preliminary. Mitigation requirements based upon such a preliminary assessments shall not be considered to be final until a proper final FQI assessment is made, unless an FQI of at least 16 is applied to the mitigation. Preliminary FQI assessments that exceed 16 will require final FQI assessments.
(H) The applicant may propose an alternative mitigation plan combining wetland creation, purchase of credits from a wetland mitigation bank, payment of a fee-in-lieu of wetland mitigation and/or enhancing existing wetlands, either onsite or offsite. The Administrator shall determine if a proposed alternative mitigation plan meets the requirements of this section and his or her decision shall be final.
(Ord. 2019-03, passed 4-15-2019)