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2. The site is located within the Everett Smelter Site, where soils and groundwater typically contain <br /> arsenic, lead, or cadmium above state cleanup levels. Before starting construction, the Applicant shall <br /> consult with the Snohomish Health District or Washington State Department of Ecology regarding soil <br /> excavation, management and disposal, if any, and any required sampling of on-site soil to assure that <br /> surface soils(top two feet) meet FCAP/FEIS or other applicable standards. <br /> 3. The Applicant shall: <br /> a. Follow the Snohomish Heath District Everett Smelter Site public health advisory guidelines for taking <br /> precautions when digging into or otherwise coming into contact with contaminated soils remaining <br /> on-site. <br /> b. If contaminated soil is excavated and left on site, cover it with at least two feet of clean soil and <br /> otherwise meeting the"soil profile"for the Everett Smelter Site (available at the Everett Planning <br /> Department); <br /> c. Not give away or dispose of excavated soil (off-site)that may be contaminated, except to a facility <br /> permitted to accept such soil, unless the Snohomish Health District or Washington State Department <br /> of Ecology agree otherwise; <br /> d. Not backfill new or substantially modified utility line trenches with contaminated soil, such that <br /> workers could become exposed in future maintenance, repair or replacement activities; and <br /> e. Comply with by any deed restriction that may have been placed on the property. <br /> 4. Before starting construction, the Applicant or its contractor shall consult with the Snohomish Health <br /> District or Ecology if the Applicant or its contractor needs any clarification on soil excavation, <br /> management and disposal, and any required sampling of on-site soil to assure that surface soils (top <br /> two feet) meet FCAP or other applicable Ecology or Snohomish Health District standards, including the <br /> "soil profile"for the Everett Smelter Site. The Applicant shall keep a record of any consultation. <br /> 5. Any subsequent project plans and permit applications that would result in soil disturbance shall use <br /> applicable protective measures for workers who will be exposed to soils/fugitive dust and shall be <br /> designed to meet the"soil profile"for the Everett Smelter Site in the Department of Ecology(Ecology) <br /> Final Cleanup Action Plan (FCAP) and otherwise comply with soil excavation, management, disposal, <br /> and any soil sampling requirements of Ecology and the Snohomish Health District. <br /> 6. Permittee or contractor shall follow applicable Washington State worker safety measures ("The Good <br /> Practice Guidelines for Employers and Employees Working within the Everett Smelter Study Area," <br /> Washington Department of Labor and Industries) including wearing protective clothing or additional <br /> measures when working in soils that have arsenic concentrations above 200 ppm (which are identified <br /> on the Community Protection Area map and available from the Everett Planning Department. <br /> Responsible Official: Allan Giffen, Director Phone: (425)257-8731 <br /> Address: 2930 Wetmore Avenue, S ' e 8-A, Everett,WA 98201 <br /> Signature: Date: 1 'Nil <br /> 111 <br /> i <br /> You may appeal this determination by filing an appeal on forms provided by the Planning Department and a fee to the <br /> Planning/Community Development Permit Services Counter at 3200 Cedar Street,2nd Floor,no later than April 22,2014. <br /> A DNS may be withdrawn in the event of significant changes in the proposal,disclosure of new significant information, <br /> misrepresentation by the applicant,or failure to comply with the conditions upon which this Determination of Non-Significance is <br /> predicated. <br /> 2 <br />