3400 RIVERFRONT BLVD BASE FILE 2020-07-15

stormwater regulations that have been adopted and are consistent with the state stormwater regulations. During construction, water quality monitoring will occur. The Applicant indicated that this mitigation process will be acceptable because the landfill site already includes a leachate collection system that was installed pursuant to a consent decree with the State of Washington Department of Ecology. Further, as the project develops with additional future permits, the EIS for this project requires stormwater management plans and soil management plans to contain contaminants that are on-site. (exhibit 1, staff report; Jimerson testimony) 25. A requirement of the Conservation Element of the Shoreline Regulations is that land clearing, grading, filling, and alteration of natural drainage features and land forms are limited to the minimum necessary for permitted development. Over the years the subject property has been the site of significant disturbance from prior activities. As a result, there are no natural grades, drainage, or land forms remaining on-site. The preloading that is part of the first phase of this project would restore the site in a manner that would support the proposed development. The preloading is the minimum necessary to develop the site for the proposed development and will improve the overall quality of the shoreline and the City of Everett. (exhibit 1, staff report; exhibit 2, application; Jimerson testimony) 26. The subject property is under a consent decree with the Washington State Department of Ecology. The gist of the consent decree is that the site be cleared and measures taken to restore it to its natural state. The preloading activity that is the subject of this Shoreline Permit is consistent with this regulation. (exhibit 1, staff report; Jimerson testimony) 27. Buffers will be planted with native species throughout the site. The buffers, however, will not be planted until all the preloading and grading has occurred. In order to avoid impacting potentially contaminated soils underlying the buffer, vegetation will be low growing and shallow rooted. The vegetation planting activity will be subject to further review in a separate Shoreline Permit. (exhibit 1, staff report; Jimerson testimony) 28. The landfill that will be used for the preloading activity includes soil, sand, rock, and other materials. The placement of these materials will occur only in upland areas that have experienced severe disturbance over time. There will be no wetland fill done on the subject property. (exhibit 1, staff report; exhibit 5, site plan) 29. Extensive studies of the site have been made and potential environmental impact studies have been conducted. As noted previously, the City issued an EIS for the subject property. The mitigation as set forth in the EIS identifies the impacts and the measures that have to be imposed in order to protect from any further environmental degradation of the subject property. (exhibit 10, EIS summary)