3400 RIVERFRONT BLVD BASE FILE 2020-07-15

30. The perimeter of the site will be designed to control erosion. These measures have been addressed in the conditions of this document. However, because most of the landfill proposal of this project is located upland of the ordinary high water mark, regulations for shoreline stabilization are not applicable in this matter. (exhibit 1, staff report; Jimerson testimony) 31 . No landfill is proposed within any floodways. (exhibit 1, staff report) CONCLUSIONS OF LAW Jurisdiction Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional authority to hold a hearing and to issue the decision. That authority is set forth in EMC 15.16. 100. Based on the above Findings of Fact, the Hearing Examiner enters the following Conclusions: Criteria and Standards for Review Shoreline Permit - The proposed project is subject to the requirements of the Washington Shoreline Act (RCW 90.58) and ordinances of the City of Everett, including the Everett Shoreline Management Program. The goals, policies, and regulations applicable to the development on the shoreline are set forth in these documents. The relevant goals, policies, and regulations have been addressed in the City of Everett's staff report (exhibit 1). The City has correctly identified the sections that are jurisdictional to the request. These include: Shoreline Master Program Element - Section 3.5, Cultural Resources; Section 3.6, Flood Hazard Reduction; Section 3.7, Public Access; Section 3.9, Conservation Element; and Section 5, Use Regulations - Section 6.6, Landfill. The requirements for each of these regulations are set forth in the Everett Shoreline Master Program. These are the review criteria for the Shoreline Permit. CONCLUSIONS BASED ON FINDINGS 1 . The Applicant requested approval of a Shoreline Permit for grading activity in a shoreline jurisdictional area and a wetland buffer. The activity, which will occur between 41st Street and 36th Street, west of the Snohomish River on a landfill site of the Riverfront Development Project in the City of Everett, Washington, will include regrading of the site by spreading 350,000 yards of material beyond the extent of the existing surcharge mounds. The regrading activity will occur within areas of the shoreline jurisdiction of the Snohomish River and within wetland buffers. Some of the materials that are part of the regrading will be amended with up to 20,000 yards of sand. These materials will be used, if needed, because of wet weather conditions. A surcharge pile, erected to a height of 35 feet, will remain on-site for approximately nine months, and 350,000 yards of