A. Any development which is proposed must be a permitted use under Sections 21.11A.030 and 21.11A.040 and must meet all general requirements of the Del Norte County Code and the General Plan Coastal Element.
B. Where any dike and/or fill development is permitted in conformity with Section 21.11A.040(D) mitigation measures shall include, at a minimum, either acquisition of equivalent areas of equal or greater biological productivity or opening up equivalent areas to tidal action concurrent with project construction provided however, that if no appropriate restoration site is available, an in-lieu fee sufficient to provide an area of equivalent productive value or surface area (including any litigation and/or restoration costs) shall be dedicated to an appropriate public agency, or such replacement site shall be purchased before the dike or fill development may proceed. Such mitigation measures shall not be required for temporary or short-term fill or diking provided, that a bond or other evidence of financial responsibility is provided to assure that restoration of the project site will be accomplished in the shortest feasible time.
C. Where dredging is permitted in conformity with Section 21.11A.040(D) mitigation measures must at least include the planning and implementation of dredging and spoils disposal which avoids significant disruption of wetlands habitat and/or water circulation, consideration of limitations upon timing of the operation, type of operation, quality of dredge material removed and location of the spoil site, and, where feasible, the transportation of dredge spoils suitable of beach replenishment to appropriate beaches or into suitable longshore current systems.
D. Where diking, filling, or dredging are permitted in conformity with Section 21.11A.040(D) the development must maintain or enhance the functional capacity of the existing sensitive habitat area. Functional capacity means the ability of the wetland or estuary to be self-sustaining and to maintain natural species diversity. In order to establish that the functional capacity is being maintained, the applicant must demonstrate all of the following:
1. That the project does not alter presently occurring plant and animal populations in the ecosystem in a manner that would impair the long-term stability of the ecosystem i.e., natural species diversity, abundance and composition are essentially unchanged as a result of the project
2. That the project does not harm or destroy a species or habitat that is rare or endangered
3. That the project does not eliminate a species or habitat that is essential to the natural biological functioning of the wetland or estuary
4. That the project does not significantly reduce consumptive (e.g., fishing, aquaculture and hunting) or non-consumptive (e.g., water quality and research opportunity) values of the wetland or estuarine ecosystem.
E. Where development is permitted within a stream or river the following requirements must be met:
1. All channelizations, dams, or other substantial alterations of rivers and streams shall incorporate the best mitigation measures feasible to minimize adverse environmental effects. Substantial alterations shall include channelizations, dams, or comparable projects which significantly disrupt the habitat value of a particular river or stream. A development which does not significantly disrupt the habitat value of a particular river or stream is one which maintains or enhances the functional capacity of that river or stream. Roads and bridges necessary to cross streams and rivers may be permitted if there is no feasible less environmentally damaging alternative and if feasible mitigation measures have been provided to minimize adverse environmental effects.
2. Flood-control projects shall be subject to both of the following conditions:
a. The project must be necessary for public safety or to protect existing development
b. There must be no other feasible method for protecting existing development in the floodplain.
3. Boating facilities constructed in streams are subject to the same requirements as boating facilities constructed elsewhere.