Section 40.445.070

40.445.070 Document and Report Standards

A. Age of Required Documents.

1. Documents submitted for review under this chapter shall be based on site-specific data that is less than five (5) years old, except as follows:

a. Wetland rating forms shall be based on field review that is no more than six (6) months old;

b. Mitigation monitoring reports shall be based on data collected under current conditions or the most recent growing season;

c. Authors may provide certification that conditions have not changed substantially since the data provided in the document was collected;

d. The county shall accept valid jurisdictional determinations and permits from state or federal agencies or legally enforceable documents binding the landowner or county; and

e. Older data or information may be provided for reference or to provide relevant historical information.

2. Upon review of any submitted document, the responsible official may find that conditions have changed substantially since the data provided was collected and request additional information that reflects current conditions.

(Added: Ord. 2023-03-01)

B. Qualified Professional Required. Reports and documents required for Level 2, 3, and final reviews shall be prepared by a qualified professional. A qualified professional for wetlands or fish and wildlife habitat is a specialist with appropriate education or training in the pertinent scientific discipline, and at least two (2) years of full-time work experience as an ecological professional with experience conducting function assessments and developing and implementing mitigation plans. A wetland professional has appropriate education or training in the pertinent scientific discipline, including training from Ecology in the wetland rating system, and specific experience in delineating wetlands and preparing wetlands delineation reports.

(Added: Ord. 2023-03-01)

C. Integrated Reports. Reports and documents required for an application may be integrated into a unified format that shares common elements; provided, that the specific requirements for each document or report type are met.

(Added: Ord. 2023-03-01)

D. Wetland Rating Forms. For each assessment unit reported provide a completed rating form and rating form maps as noted on the “maps and figures” page of the rating form.

(Added: Ord. 2023-03-01)

E. Wetland Delineation Report. The report shall include the following information:

1. Who authorized the wetlands delineation, property ownership, and who conducted the delineation;

2. The reason the wetlands delineation was conducted (e.g., is it for a particular project?);

3. Date of the site visit(s) with information on tasks performed on those dates;

4. Recent weather conditions and conditions during the delineation;

5. A vicinity map with the site clearly defined;

6. Topography with a maximum two (2) foot contour interval;

7. Wetland inventory map showing the site. This should include county and National Wetland Inventory data;

8. Natural Resources Conservation Service soils mapping for the site;

9. Site map, at a scale no smaller than one (1) inch equals one hundred (100) feet (a scaling ratio of one (1) to one thousand two hundred (1,200)), if practical, showing the following information:

a. Wetland boundaries, ratings, and wetland buffers;

b. Data plot and transect locations;

c. Boundaries of forested areas (including wetland buffers and uplands); and

d. Boundaries of wetland classes (Cowardin) if multiple classes exist;

The site map can consist of multiple sheets or figures;

10. An explanation of the approach used to delineate the wetlands and synthesize the data. Describe if the delineation methodology used was routine, comprehensive, or atypical, or if “difficult wetland situations” procedures were used and why;

11. A description of the site, including mapped and observed vegetation, soils, hydrologic characteristics, and topography. This should include all water bodies (e.g., ditches, streams, rivers, lakes, etc.);

12. A summary of the available information used in making the wetland determination. Information sources consulted should be listed in the “References Cited” section of the report;

13. A narrative description of results and conclusions, including characteristics and acreage of each area of wetland and nonwetland waters and the rationale for the wetland boundary lines;

14. Field data sheets on the form specified in the Wetland Delineation Manual with scientific names of plants recorded on the data sheets;

15. Wetland rating forms, maps, and supporting documents; and

16. A list of references cited.

Wetland boundaries shall be prominently flagged in the field prior to inspection by the responsible official.

(Added: Ord. 2023-03-01)

F. Habitat Assessment Report.

1. Who authorized the assessment, property ownership, and who conducted the assessment;

2. The reason the assessment was conducted (is it for a particular project?);

3. Date of the site visit(s) with information on tasks performed on those dates;

4. A vicinity map with site clearly defined;

5. Topography with a maximum two (2) foot contour interval;

6. Site map, at a scale no smaller than one (1) inch equals one hundred (100) feet (a scaling ratio of one (1) to one thousand two hundred (1,200)), if practical, showing the following information:

a. Habitat area boundaries and point locations;

b. Photos of significant habitat features; and

c. Any data plot or transect locations;

The site map can consist of multiple sheets or figures;

7. A narrative description of results and conclusions, including characteristics and acreage of each habitat area and associated waters;

8. Any field data sheets or assessment forms used; and

9. A list of references cited.

(Added: Ord. 2023-03-01)

G. Mitigation Plans

1. Basic Requirements. If a basic requirement is met by a document or report required for the application, it may be included in the mitigation plan by reference:

a. Landowner authorization for any location not owned by the applicant;

b. Goals and objectives of the proposed project;

c. A description of the site, including an assessment of existing functions and values;

d. A description of the proposed actions, including an estimation of acreages of impacts to wetlands and buffers based on the field delineation and survey and an analysis of site development alternatives;

e. Proposed mitigation measures and mitigation ratios, where applicable;

f. Project plans, including all areas on and off the project site, shall show:

(1) Existing conditions, including wetlands, wetland buffers, streams, and fish and wildlife habitat conservation areas;

(2) Clearing and grading;

(3) Development plan (site plan, plat, plot plan);

(4) Stormwater and utility plans;

(5) All proposed impacts to wetlands, wetland buffers, and fish and wildlife habitat conservation areas;

(6) Mitigation plans, including grading, mitigation types and locations, and planting; and

(7) Any cross-sections or details necessary to demonstrate how mitigation will be constructed;

g. A project schedule;

h. A contingency plan in case the project does not meet the goals initially set for the project; and

i. Any pertinent jurisdictional determination letters from state or federal agencies.

2. Preliminary Plan. Compensatory mitigation plans submitted for preliminary approval of a land use application may be conceptual and only provide detail to the extent necessary for the responsible official to determine feasibility pursuant to Section 40.445.080(I). The responsible official may condition approval of a final plan prior to construction authorization, pursuant to Section 40.445.080(A)(1)(d).

3. Final Plan. Mitigation plans intended for final approval prior to and as a condition of construction authorization shall also include:

a. A revised mitigation plan addressing all revisions required in the preliminary approval;

b. Detailed Construction Plans. Written specifications for the mitigation project shall be provided. The specifications shall include: the proposed construction sequence, grading and excavation details, water and nutrient requirements for planting, specification of substrate stockpiling techniques, and planting instructions, as appropriate. These written specifications shall be accompanied by detailed site diagrams, scaled cross-sectional drawings, topographic maps showing slope percentage and final grade elevations, and any other drawings appropriate to show construction techniques or the expected outcome;

c. Any covenants, agreements, or easements necessary to execute the mitigation plan;

d. Maintenance and Monitoring Program. The mitigation plan shall include a detailed program for monitoring the success of the mitigation project. The plan shall include:

(1) The proposed maintenance period and monitoring schedule pursuant to Section 40.445.030(B)(4);

(2) An adaptive management plan pursuant to Section 40.445.030(B)(5)(c);

(3) Proposed maintenance BMPs;

(4) Performance standards listed by the type of measurement and the success criteria for each monitoring year;

(5) Measurement methods and sampling protocols; and

(6) Photo point locations and angles;

e. Evidence of Financial and Scientific Proficiency. The plan needs to document the following:

(1) The scientific capability of the applicant to successfully implement the proposed project;

(2) The financial capability of the applicant to successfully complete the project; and

(3) A commitment to transfer responsibility to another party such as a buyer or homeowner’s association, and any financial resources that will be provided; and

f. Contingency Plan. Identification of potential courses of action, and any corrective measures to be taken when monitoring or evaluation indicates project performance standards are not being met. In cases where there is a significant risk that the proposed mitigation may not be feasible at the time of construction, the responsible official may require a detailed contingency plan.

(Added: Ord. 2023-03-01)

H. Financial Assurances.

1. Estimates. Prior to securing a financial assurance, the applicant shall submit an itemized cost estimate for the required work to the responsible official for approval. The responsible official may adjust the estimate to ensure that adequate funds will be available to complete the specified compensatory mitigation upon forfeiture. In addition to the cost, estimates must include a contingency as follows:

a. Estimates for bonds shall be multiplied by one hundred twenty-five percent (125%); and

b. All other estimates shall be multiplied by one hundred ten percent (110%).

2. Instruments. The responsible official shall accept the following forms of financial assurance:

a. A deposit account with a financial institution secured with an agreement approved by the responsible official;

a. An escrow account secured with an agreement approved by the responsible official;

b. A bond provided by a surety;

c. An irrevocable letter of credit from a financial institution;

d. A letter of commitment from a public agency; or

e. Other forms of financial assurance determined to be acceptable by the responsible official.

3. Forms. The responsible official shall provide standard forms for accepted instruments. Applicants may provide instruments in other forms, subject to approval by the county prosecuting attorney.

(Added: Ord. 2023-03-01)

I. Conservation Covenants.

1. The responsible official shall provide standard forms for required conservation covenants.

2. All covenants shall be in a form approved by the county prosecuting attorney as adequate to incorporate the standards of this chapter and to give notice of the requirement to obtain a permit prior to engaging in regulated activities within a wetland, wetland buffer, or fish and wildlife habitat conservation area.

(Added: Ord. 2023-03-01)

J. As-Built and Monitoring Reports.

1. Common Requirements. The following items are required for both as-built and monitoring reports:

a. Project Overview.

(1) Clark County permit number and project name;

(2) Name and contact information of the permittee;

(3) Name and contact information of the party preparing the report and the date(s) the inspection was conducted;

(4) Report type (as-built or monitoring) and monitoring year;

(5) Location of the mitigation site(s) (address, parcel number, etc.);

(6) A brief paragraph describing the purpose of the approved project, acreage and type of resources impacted, and mitigation acreage and mitigation actions authorized to compensate for the impacts; and

(7) Dates the compensatory mitigation project commenced and/or was completed; and

b. Conclusions.

2. Additional Requirements for As-Built Reports.

a. Approved mitigation plans with markups noting changes made during construction; and

b. Discussion of changes made during construction with rationale, prior authorization.

3. Additional Requirements for Monitoring Reports.

a. Applicable performance standards;

b. Summary data for performance measurements and photos;

c. Corrective actions completed after the last inspection;

d. Corrective actions proposed in accordance with Section 40.445.030(B)(5)(c); and

e. Maps and plans showing the approved mitigation plan, photo points (with direction), and the location of completed and proposed corrective actions.

4. Waiver of Report Requirements. The responsible official may waive as-built and monitoring report requirements for mitigation plans that do not require a maintenance assurance. At a minimum, the permittee must provide photos demonstrating completion or performance of mitigation plan elements.

(Added: Ord. 2023-03-01)

K. Waiver of Specific Document and Report Requirements. The responsible official may waive any part of the requirements in this section deemed to be unnecessary or irrelevant to the specific application. Unless the waiver is specifically authorized above, a written explanation shall be included in the record of decision.

(Added: Ord. 2023-03-01)