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J <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />1 <br />The City of Everett <br />The Floyd & Snider Team Everett Landfill/Tire Fire Site <br />Functional Standards for Solid Waste Handling] in 1976. Therefore, Chapter 173-304 WAC is <br />not applicable to the Everett Landfill site. This regulation may, however, be relevant and <br />appropriate for particular management or cleanup decisions. <br />SHORELINE MANAGEMENT ACT, CHAPTER 90.58 RCW; CHAPTER 173-14 WAC; CITY OF EVERETT <br />SHORELINE MASTER PROGRAM <br />The regulations in Chapter 173-14 WAC were developed pursuant to Chapter 90.58 RCW to <br />protect shoreline values while still fostering reasonable use. These regulations require <br />acquisition of substantial development permits for any project or action that occurs within 200 <br />feet of the ordinary high water mark of state waters and materially interferes with the normal <br />public use of the water or shorelines of the state. The Everett Shoreline Master Program was <br />created to implement the policies of the Shoreline Management Act and defines areas within the <br />shoreline zone. In the vicinity of the landfill site, the Shoreline Designation Boundary's westerly <br />limit is defined by the easterly main line of the Burlington Northern Railroad to its intersection <br />with the Snohomish River Road. The entire landfill site falls outside the shoreline boundary. <br />ENDANGERED SPECIES ACT, 16 USC 1531 et seq., AND ENDANGERED, THREATENED AND <br />SENSITIVE SPECIES, CHAPTER 232-12 WAC <br />These regulations identify and protect those species of wildlife and plants determined to be <br />endangered or threatened with extinction and identify their critical habitats. The nearby <br />Snohomish River provides habitat for Chinook salmon and other salmonid species. The <br />Snohomish River may also provide habitat for bull trout. Eagles and other raptors may use <br />areas adjacent to the site for hunting and foraging. The cleanup actions proposed for the <br />Everett Landfill site are not anticipated to have any adverse effect on the Snohomish River or <br />associated critical habitat. <br />RIVERS AND H ARBORS ACT, 33 USC 403; 40 CFR 320, 322, 323 <br />This act prohibits unauthorized activities that obstruct or alter a navigable waterway. Section 10 <br />applies to all structures or work below the mean high water mark of navigable tidal waters and <br />the ordinary high water mark of navigable fresh waters. Actions in wetlands within these limits <br />are subject to Section 10 provisions. U.S. Army Corps of Engineers (Corps) permits are needed <br />for the alteration or the modification of the course, condition, location or capacity of a navigable <br />water of the United States. There are no proposed cleanup actions associated with the <br />CAP/CD that would obstruct or alter the Snohomish River or other navigable waters. <br />WASHINGTON FLOODPLAIN MANAGEMENT PLAN, CHAPTER 86.16 RCW; CHAPTER 173-158 WAC; <br />CITY OF EVERETT ENVIRONMENTALLY SENSITIVE AREAS ORDINANCE, 1838-91; SECTION 37 <br />ZONING CODE <br />In Chapter 173-158 WAC, an advisory standard pertaining to wetlands management suggest <br />that local governments, with technical assistance from Ecology, institute a program that can <br />identify and map critical wetland areas located within base floodplains. <br />1 <br />Page 3 of 10 Attachment CAP-1 <br />