The minimum technical elements required in the instrument are:

1. (1) The goals and objectives of the project;
2. (2) Site location including city or county, proximity to existing roads and other landmarks, and a vicinity map showing location of the proposed site(s);

3. (3) A description of existing conditions of the proposed site(s) including, but not limited to:

   1. (a) Local land use or zoning designation;
   2. (b) Current uses;
   3. (c) Presence of liens, rights of way, easements, or other encumbrances;
   4. (d) The landscape position of the site including WRIA, basin, and subbasin location;
   5. (e) Wetland types present on the site including Cowardin classification and HGM class of each wetland;
   6. (f) Other habitat types present;
   7. (g) Technical information on wetland delineations, soil types, vegetation, and water sources, including surface water features and groundwater information;
   8. (h) An analysis of functions provided by on-site wetlands;
   9. (i) Adjacent land uses that might affect the bank's function;
   10. (j) Site constraints, conflicts, or known risks that could affect bank development or function;
   11. (k) Identification of all buildings, structures, and other built features that would remain on the site after construction;
   12. (l) Identification of existing mitigation sites and whether they will remain on-site after construction; and

   13. (m) Detailed site map(s) that includes, but is not limited to:

       1. (i) Total area of site;
       2. (ii) Location, delineated boundaries, size, and number of existing wetlands;
       3. (iii) Location of all streams, ponds, and other water features on and adjacent to the site;
       4. (iv) Location and type of all known water control features on and adjacent to the site; and
       5. (v) Presence of rights of way, easements, or other encumbrances.
4. (4) A statement of how the bank meets any watershed restoration needs and how its design and location are ecologically appropriate;
5. (5) The rationale for site selection addressing the considerations listed in WAC 173-700-303;

6. (6) A detailed description of the proposed bank site including, but not limited to:

   1. (a) The bank size;
   2. (b) The Cowardin and HGM classes, wetland rating, and sizes of wetlands and other aquatic resources proposed;
   3. (c) A description of the buffers for the site and any other habitats provided on the site;
   4. (d) The functions to be provided by the bank and level of increase over existing conditions;
   5. (e) Detailed site design plans and specifications to include grading plans, planting plans, and specifications for any structures; and
   6. (f) Construction timing and schedules.
7. (7) Documentation of the ownership of bank lands and a legal description of the bank site;
8. (8) A detailed description of sponsor responsibilities for construction implementation, monitoring and reporting, and maintenance;
9. (9) A description and map of the service area and accompanying rationale that demonstrates the service area is ecologically appropriate;
10. (10) The potential number of credits to be generated by the bank and a credit description consistent with WAC 173-700-310;
11. (11) A description of any restrictions on use of credits;
12. (12) Documentation of water rights for the proposed bank, if required;
13. (13) An evaluation of historic, cultural, and archaeological resources on the bank site;
14. (14) Credit tracking and accounting procedures including reporting requirements;
15. (15) Performance standards for determining bank success and credit release including a schedule for the phased release of credits, if necessary;
16. (16) Monitoring plan and reporting protocols including a clear statement of responsibility for conducting the monitoring and reporting;
17. (17) An adaptive management plan and statement of responsibility for adaptive management activities;
18. (18) Financial assurances;
19. (19) The ownership arrangements and long-term management plan for the bank;
20. (20) Provisions for permanent protection of the bank site;
21. (21) Force majeure clause (identification of sponsor responsibilities in the event of catastrophic events that are beyond the sponsor's control);
22. (22) Any supporting documentation requested by the department;
23. (23) A provision stating that legal responsibility for providing the compensatory mitigation lies with the sponsor once a permittee secures credits from the sponsor; and
24. (24) Default and closure provisions.

[Statutory Authority: Chapter 90.84 RCW. WSR 09-19-013 (Order 04-13), § 173-700-222, filed 9/3/09, effective 10/4/09.]