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APPEALS This MDNS may be appealed to the City's Land Use Hearing Examiner within 14 days of the issuance of this decision. For information about appeals, please refer to EMC 15.02.600 and contact Dennis Osborn at dosborn@everettwa.gov. Mitigating Conditions: 1. If the sites are known to contain archaeological artifacts and data, a site inspection and evaluation by a qualified archaeologist is required.The archaeologist report must include an analysis of the impacts of the development on the artifacts and data, and recommended mitigation measures. The report and mitigation measures must be approved by the city prior to the initiation of any development activity. Significant archaeological data or artifacts shall be reported to the State Office of Archaeology and Historic Preservation and shall be recovered before work resumes or begins on a project. 2. An archaeological survey is required if there will be excavation into native soils (i.e., below any fill) unless an acceptable archaeological survey has previously been completed for the area. Archaeological survey reports and site investigation reports shall be made available to the Tulalip Tribes. 3. Immediately stop work and notify the city planning and the Tulalip Tribes if anything of possible archaeological interest is uncovered during excavations or development and consult a professional archaeologist to inspect and evaluate the site. Failure to comply with this requirement shall be considered a violation of this threshold determination. 4. Best management practices (BMPs) shall be implemented. 5. Noise levels are not to exceed those standards as established by WAC 173.60 and EMC 20.08. 6. The applicant shall comply with federal statutes including but not limited to the: Endangered Species Act, Clean Water Act, Marine Mammal Protection Act, and other federal statutes. 7. A silt fence installed complaint with BMP shall be placed between the project area of demolition and the shoreline. 8. This determination may be withdrawn in the event of significant changes in the proposal, disclosure of new significant information, misrepresentation by the applicant, or failure to comply with the conditions upon which this DNS is predicated. Mitigating Comments from Department of Ecology 1A. Responses to the comments listed below from Ecology will go to Andy Kallus andrew.kallus@ecy.wa.gov . Please CC Dosborn@eveett.wa.gov 2A.The project area is part of the Kimberly-Clark Worldwide Cleanup Site in Everett.There is a potential to encounter unanticipated contamination from hazardous substances (e.g.,those listed in Section 7.A.1 of the SEPA) during intrusive activities. Please include a separate work plan on how the city would identify(including field screening) and respond to any unanticipated contamination including management and handling of contaminated materials. 3A. Describe any material stockpiling and waste management requirements (including any contaminated material) as a result of any excavations. 4A. Describe any dewatering and water management requirements if shallow groundwater is encountered.Also include field screening to identify if groundwater is potentially contaminated. 5A. Describe any backfilling and include documentation that the backfill is clean (via analytical testing). 6A. Archaeological monitoring- monitoring as part of an interim cleanup action at the site identified a significant artifact that was donated to the tribes.This should be acknowledged. 7A. Indicate that the four existing monitoring wells within the project area will be kept in place. 8A. Include the requirement of a completion report that documents environmental conditions encountered and managed in accordance with the elements above.