EXH2193034771

PCHBPollution Control Hearings Board of the State of Washington

State of Washington Alternative Mitigation Policy Guidance For Aquatic Permitting Requirements from the Departments of Ecology and Fish and Wildlife INTRODUCTION The following is adopted as the State of Washington' s Interagency Policy Guidance for evaluating aquatic mitigation alternatives. The intent of this guidance is to represent consensus on mitigation policy among the disciplines and the agencies responsible for evaluating, approving, implementing and enforcing aquatic resource mitigation. Because stocks of salmon are genetically different, and because these stocks have associations with particular stream reaches, there will be limitations on uses of alternative mitigation in such cases. Nothing in the guidance should be assumed to direct the use of alternative mitigation when it would result in loss of at-risk fish stocks, prevent salmon recovery, or create policy of the state that would be in conflict with the Federal Endangered Species Act, Federal Clean Water Act, Native American Treaty Rights to fish habitat protection, or Department of Fish and Wildlife - Treaty Tribes Wild Salmonid policy. Alternative mitigation tools will be used only where they are the best choices for mitigating unavoidable impacts and are agreed to by the participating parties. However, where federal or local policies are more stringent than those identified in the state interagency policy guidance, the more stringent policies will have precedence for state-issued permits. This policy guidance will assist the Departments of Ecology or Fish and Wildlife in issuing permits or reviewing actions under section 401 of the Clean Water Act, the Shoreline Management Act or Title…
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