4.3: For facilities constructed before 1999 and where an ESA was damaged but not restored, the applicant shall propose a plan, subject to local regulations, that within five years from the date of initial BAP certification shall either restore the damaged area, mitigate the damage by restoring an equal area of similar habitat or make a donation of equivalent value to other restoration projects. Alternatively, the applicant shall provide an explanation of the extenuating circumstances regarding the damage for consideration of exemption from this standard.