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' <br /> <br /> ~a <br /> Emergent Open Water 1l~Iix -minimum of 5 native species occurring at a 10% <br /> frequency rate or greater. <br /> Forest -minimum 3 native species: 2 woody (25% canopy cover); 1 grass/forb <br /> (25% cover). <br /> Scrub-Shrub -minimum 3 native species: 1 woody (30% cover); 2 grass/forb <br /> (<'15% cover). <br /> CREDIT CERTIFICATION <br /> Following completion of mitigation work at a site, the Program shall request the Corps <br /> and DSL to certify the -number of mitigation credits created as a result of the work at the <br /> mitigation bank site. The determination of the Corps and DSL as to the number of credits <br /> created, by the mitigation work shall be based on the guidelines, criteria, performance- standards <br /> and. functional assessment procedures contained in the preceding section of this Agrecment and <br /> in Appendix D, and on a set of as-built drawings. - <br /> Bank credits shall be certified and available for sale when the Program has completed <br /> the initial hydrological and vegetative work. The Program shall provide adequate financial <br /> guarantees that the mitigation efforts will meet the above performance criteria during the five- <br /> year monitoring .period by including within the cost of a mitigation credit an amount equal to <br /> 20 /o of the estimated cost of planning and developing the individual mitigation bank site. <br /> The Corps and DSL shall review the request and render a decision within 30 days from <br /> its receipt. If.no decision is provided within 30 days, the credits shall be considered certified <br /> and available for purchase. If the Corps, DSL and Eugene all agree, the 30 day review period <br /> can be extended. <br /> If the Program is dissatisfied with the decision of the Corps or DSL, the Program may <br /> request that the MBRT review the decision. Within 30 days, the MBRT will consider the <br /> evidence and advise the Corps and DSL as to the number of credits which should be certified. <br /> Based on the advice received from the MBRT, the Corps and DSL shall reconsider their <br /> previous decision, and either issue a new decision, or confirm their previous decision, within <br /> 30 days of receipt of advice from MBRT. <br /> MONITORING AND REMEDIAL MEASURES FOR INDIVIDUAL BANK SITES <br /> ' Monitoring of individual mitigation bank sites shall occur for a period of not less than <br /> five years from the date of planting completion. Unless otherwise agreed to by Eugene, the <br /> Corps and DSL, sites shall be -inspected on an annual basis, with maintenance activities <br /> performed as needed If Eugene, the Corps and DSL agree to a monitoring period in excess <br /> of five years, then the parties also shall iderltify a specific frequency for those inspections: the <br /> parties anticipate that such monitoring would occur annually for the first two or three years, <br /> and then less frequently for the duration of the monitoring period. During the monitoring <br /> period, management shall occur as needed to reconcile current conditions with mitigation goals. <br /> Monitoring .goals and specified levels of precision will be developed on a case-by-case .basis. <br /> Page 9 - MOA For West Eugene Wetlands Mitigation Banking program <br /> <br />