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a. 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 <br /> identified on the Community Protection Area map (available from the Everett Planning Dept. or <br /> online at www.shd.org/advis/smelter.pdf or www.ci.everett.wa.us\everettsmeltersite). <br /> b. Site grading and any construction that will involve soil disturbance shall result in all soils on site <br /> being left at a depth that is in compliance with, and consistent with, the "soil profile"for the Everett <br /> Smelter Site in the Department of Ecology (Ecology) Final Cleanup Action Plan(FCAP). The soil <br /> profile figure is available from Ecology, from the City of Everett Planning Dept., or online at <br /> www.ci.everett.wa.us\everettsmeltersite. <br /> The lead agency for this proposal has determined that it does not have a probable significant adverse impact <br /> on the environment. An Environmental Impact Statement is not required under RCW 43.21C.0302(23)(c). <br /> This determination assumes compliance with State law and City ordinances related to general environmental <br /> protection including but not limited to right-of-way improvement requirements, drainage, etc. This decision <br /> was made after review of a completed environmental checklist and other information on file with the lead <br /> agency. This information is available to the public on request. This Mitigated Determination of Non- <br /> Significance is specifically conditioned on compliance with the conditions attached hereto which are <br /> incorporated by reference as if fully set forth herein. <br /> This Final MDNS is issued under WAC 197-11-355. A 14-day public comment period for this proposal has <br /> been completed. <br /> Responsible <br /> Official: Allan Giffen, Director <br /> Title: Planning and Community Development <br /> Address: 2930 Wetmore Avenue, Suite 8-A, Everett, WA 98201 <br /> Date: May 22, 2006 <br /> Signature: <br /> You may appeal this determination by filing an appeal on forms provided by the Planning Department and a <br /> fee to the Planning and Community Development Permit Services Counter at 3200 Cedar Street, 2nd Floor, <br /> no later than 14 days from the date above. <br /> Contact David Tyler to read or ask about the procedures for SEPA appeals. <br /> 4 <br />