Common use of Habitat Restoration and Mitigation Plan Clause in Contracts

Habitat Restoration and Mitigation Plan. Prior to the beginning of Site Preparation, the Certificate Holder shall develop a Habitat Restoration and Mitigation Plan, in consultation with EFSEC staff and WDFW. The Certificate Holder shall submit the Habitat Restoration and Mitigation Plan to EFSEC for approval at least sixty (60) days prior to the beginning of Site Preparation. The Certificate Holder shall not begin Site Preparation prior to obtaining approval of the Habitat Restoration and Mitigation Plan from the Council. a) The Certificate Holder and EFSEC staff, in consultation with WDFW, shall develop a map of habitat types found within the Project Area (“Habitat Map”). This Habitat Map shall be based upon Gap Analysis Project (GAP) spatial data and field investigations of the Project Area. b) The Plan shall specify the Certificate Holder’s Mitigation Obligation. The Certificate Holder’s Mitigation Obligation will be determined through consultation with WDFW. The Mitigation Obligation will include benchmarks and a timeline for revegetation success, and a plan for monitoring revegetation activities in riparian areas to ensure success. Pre- construction Project layout drawings will show expected permanent and temporary land disturbances. c) The Plan shall include a process to determine the actual impacts to habitat following the completion of construction. In the event that actual impacts to habitat exceed the expected impacts determined prior to construction, the Habitat Mitigation Plan will include a mechanism for the Certificate Holder to provide supplemental compensatory mitigation (Supplemental Mitigation). Supplemental Mitigation, if any, may take the form of additional on-site habitat enhancement or the payment of an additional fee equivalent to the value of permanently disturbed project acres to WDFW in lieu of mitigation. d) In consultation with WDFW, the Certificate Holder shall develop the plan to require all temporarily disturbed areas to be reseeded with an appropriate mix of plant species that are adapted to local site conditions and will become established quickly, such as, but not limited to, native plant species, in a manner and sequence that will maximize the likelihood of successful restoration of the area and prevent the spread of noxious weeds. The Plan shall include a restoration schedule that identifies timing windows during which restoration should take place, and an overall timeline for when all restoration activities will be completed.