A. Recorded Covenant
Monitoring and reporting will begin with the County-approved mitigation for a project. A covenant (e.g., conservation casement or deed restriction.) will be recorded on each property by the County, project applicant, or landowner. The record will address the following:
• Mitigation measures to be implemented, including, for example:
§ Location and amount of acreage to be conserved and/or replaced
§ Numbers, types, and spacing of saplings, seedlings, and/or acorns to be planted per acre
• Aerial photograph or parcel map with mitigation area delineated. If more than one type of mitigation (e.g., conservation or replacement) will occur, then the area of each type of mitigation will be delineated
• A schedule describing the type and duration of maintenance (e.g., weed control, irrigation)
• Required protection measures (e.g., tree shelters, fencing)
• Best management practices
• Contingency measures such as guidelines for replanting or other activities if criteria are not met (e.g., survivorship of planted trees is less than 90%)
• Contact person(s) responsible for mitigation area monitoring activities
• Schedule for reporting requirements and duration
• Reporting to the County
• Party that is financially responsible for mitigation
• Transfer of responsibilities with property should ownership change
• Mitigation fee with escalation schedule if landowner chooses to discontinue mitigation (e.g., switch from Option A to Option B)
• Compliance/enforcement measures, which may include “stop” work orders, revocation of project approval, and/or performance bonds
