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• <br /> NARRATIVE STATEMENT <br /> REVIEW CRITERIA FOR <br /> FOR <br /> Heng- Violation Citation #CE18-0281 <br /> A Critical Area Study and Restoration Plan has been prepared (Wetland Resources, Inc., <br /> dated October 21, 2019) to resolve the above referenced violation, which was issued on <br /> April 5, 2019. Per the findings of the Hearing Examiner(dated April 25, 2019), measures <br /> required to restore critical area and buffer functions on the site include: removal of <br /> structures, construction debris, and trash from the critical area and buffer,planting native <br /> trees and shrubs to restore vegetation that was cleared without authorization, and <br /> recording a critical area protective covenant with the Snohomish County Auditor's office. <br /> Everett Municipal Code section 19.37.260 is cited below in italics with responses below in <br /> normal text. <br /> 19.37.260 Enforcement—Restoration plans. <br /> A. Any person,firm, corporation, or association or any agent thereof who violates any provision of this <br /> chapter shall be subject to the enforcement provisions of Chapter 1.20 and this title. <br /> B. Restoration of Impacts Required. Any unauthorized impacts on a critical area feature or buffer will <br /> require restoration of the affected area to an equivalent or improved condition prior to the violation <br /> occurring. A restoration plan must be consistent with the requirements of this chapter and a public works <br /> permit may be required by the ciy. If an equivalent or improved condition cannot be provided, the violator <br /> shall be subject to a fine in an amount equal to the value of the damage to the portion of the critical <br /> area that cannot be restored, determined using best available methods of calculating the value of vegetation, <br /> land and water resources, including but not limited to the evaluation methods of the International Sociey of <br /> Arboriculture. In addition to the authority of the city's violations hearing examiner to impose penalties <br /> pursuant to Chapter 1.20, the violations hearing examiner may impose the fine described in this section <br /> pursuant to the ciy's recommendation. <br /> The Critical Area Study and Restoration Plan (Wetland Resources, Inc., dated October <br /> 21, 2019) indicates that to restore critical area and buffer functions to pre-disturbance <br /> levels, the property owner shall remove construction debris, discarded items, and trash <br /> from the on-site critical area (wetland and stream) and buffer and plant native trees and <br /> shrubs in the buffer to restore functions and values. A shed has already been removed <br /> from the wetland prior to Wetland Resources,Inc.'s site investigations. <br /> C. Restoration plans shall include, but not be limited to, the replacement of all improperly removed <br /> vegetation with approved species such that the biological and habitat values will be replaced to an <br /> equivalent or improved condition, improper fill removed and slope stabilized. Studies by a qualified expert <br /> shall be submitted to determine the conditions which were likely to exist on the lot prior to the <br /> illegal alteration. <br /> 1 <br />