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any, and any required sampling of on-site soil to assure that surface soils (top two feet) meet FCAP/FEIS or other <br /> applicable standards. <br /> 3. The Applicant shall: <br /> a. Follow the Snohomish Health District Everett Smelter Site public health advisory guidelines for taking <br /> precautions when digging into or otherwise coming into contact with contaminated soils remaining on-site. <br /> b. If contaminated soil is excavated and left on site, cover it with at least two feet of clean soil and otherwise <br /> meeting the"soil profile" for the Everett Smelter Site (available at the Everett Planning Department); <br /> c. Not give away or dispose of excavated soil (off-site) that may be contaminated, except to a facility permitted <br /> to accept such soil, unless the Snohomish Health District or Washington State Department of Ecology agree <br /> otherwise; <br /> d. Not backfill new or substantially modified utility line trenches with contaminated soil, such that workers could <br /> 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 District or <br /> Ecology if the Applicant or its contractor needs any clarification on soil excavation, management and disposal, and <br /> any required sampling of on-site soil to assure that surface soils(top two feet) meet FCAP or other applicable <br /> Ecology or Snohomish Health District standards, including the"soil profile"for the Everett Smelter Site. The <br /> 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 applicable <br /> protective measures for workers who will be exposed to soils/fugitive dust and shall be designed to meet the"soil <br /> profile" for the Everett Smelter Site in the Department of Ecology(Ecology) Final Cleanup Action Plan (FCAP) and <br /> otherwise comply with soil excavation, management, disposal, and any soil sampling requirements of Ecology and <br /> the Snohomish Health District. <br /> 6. Permittee or contractor shall follow applicable Washington State worker safety measures ("The Good Practice <br /> Guidelines for Employers and Employees Working within the Everett Smelter Study Area,"Washington <br /> Department of Labor and Industries) including wearing protective clothing or additional measures when working in <br /> soils that have arsenic concentrations above 200 ppm (which are identified on the Community Protection Area <br /> map and available from the Everett Planning Department. <br /> Responsible Official: Allan Giffen, Planning Director Phone: (425)257-8731 <br /> Address: 2930 Wetmore Avenue, Suite 8-A, Everett, WA 98201 <br /> Signature: c-J} ‘2-. Oct-LAr.1 Ge Date: J L' C <br /> This is a preliminary SEPA determination. Following the end of the public comment period a final determination will be <br /> issued. That final determination is appealable to the City of Everett Hearing Examiner <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- <br /> Significance is predicated. <br />