04. Updated Forest Mitigation Agreement with the Metro Flood Diversion Authority

5 ARTICLE III. DESIGN AND PLANTING Section 3.01 DESIGN AND DESIGN STRATEGIES. The Parties agree that each of the County Parcels has undergone an evaluation to determine a forest planting strategy based on opportunity, need, and streambank condition. Planting strategies are generally described in the Forest Mitigation Plan, and the planting strategy or strategies for each County Parcel is included in Exhibit A. The Authority will utilize the respective planting strategy or strategies assigned to each County Parcel, as well as other requirements of the Forest Mitigation Plan, to design how forest mitigation will occur on each site. The Authority will remit a design for each County Parcel to the County Representative for review and approval. The County Representative will respond to the Authority within fourteen (14) calendar days of receipt of a design. If the County Representative does not approve of a design, he or she will provide a written explanation to the Authority outlining the reasons for rejection. The Authority will review the explanation and respond to the County Representative, reworking the design as necessary. The County Representative will review resubmitted work within seven (7) calendar days of receipt. If the County Representative does not respond to the Authority during the above-provided review periods, then the design will be deemed approved by the County. Section 3.02 SITE PREPARATION. The Authority will complete site preparation on each County Parcel in accordance with the Forest Mitigation Plan. Site preparation may include such actions as clearing and grubbing the identified tree planting area, properly disposing of significant woody debris, treating the site with glyphosate, discing the site to expose mineral soil, and treating the site with an approved pre-emergent herbicide. The Authority will provide reasonable notification to the County prior to conducting any site preparation, which the Parties agree may occur for several years prior to planting. Section 3.03 MONITORING. The Authority will conduct annual forest monitoring surveys on each County Parcel in accordance with the Forest Mitigation Plan. ARTICLE IV. MONITORING AND MANAGEMENT Section 4.01 POST-PLANTING MONITORING. The Authority will perform maintenance and monitoring of the mitigation sites following planting to determine the condition of the habitat types and the overall effectiveness of the mitigation. The Authority will monitor each County Parcel in accordance with the requirements of the AMMP and the Forest Mitigation Plan for five (5) years and then every five (5) years until the objectives of the Forest Mitigation Plan have been fully obtained. If the tree survival rates are less than the Forest Mitigation Plan objectives, then activities may include tree replanting, clearing and grubbing with tree replanting, and treatment with glyphosate and/or pre-emergent herbicide. Section 4.02 PERFORMANCE STANDARDS. The goal of continuing to monitor the mitigation sites is to ensure that the sites provide the area and quantity needed to offset the loss of forest habitat through footprint impacts. Consequently, the Parties acknowledge that the AMMP and the Forest Mitigation Plan set forth performance standards that the Authority must meet. This may entail that the Authority replant sites and control invasive, noxious, and/or non-native species,