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Comment#3: The Department of Ecology and other state agencies are required to comply with <br /> state statute and by RCW 36.70A.103 to comply with city and county comprehensive plans. <br /> Hence the Department of Ecology is itself prohibited from permitting this planned destruction of <br /> designated agricultural lands. <br /> RCW 36.70A.103: State agencies shall comply with the local comprehensive plans and <br /> development regulations and-amendments thereto adopted pursuant to this chapter except as <br /> otherwise provided in RCW 71.09.250(1)through (3), 71.09.342, and 72.09.333. <br /> Ecology's Response: The Everett Shoreline Master Program is an element of the City <br /> Comprehensive Plan. RCW 36.70A.103 Authorizes the city to amend the comprehensive plan in <br /> order to adopt or amend the shoreline master program at any time. The December 2004 SMP <br /> settlement agreement required the city to prepare the Marshlands Subarea Plan and incorporate <br /> into the SMP. If approved by Ecology the Plan will become part of the SMP and subsequently <br /> part of comprehensive plan. <br /> Mr. Alex Alexander, 3914 52nd Street, S.E. Everett, WA 98205. Comment report entitled "A <br /> regional Assessment of the Amended Marshlands Subarea Plan" <br /> Comment#1: Abstract- The Marshlands Sub Area Plan retains a decisive weakness of river <br /> non-integration. The plan also fails to recognize the need to accommodate extreme flooding <br /> events. <br /> City of Everett's Response: The purpose of the Subarea Plan is to restore areas adjacent to the <br /> Snohomish River to reconnect those areas to the river and tidal influence. The City has adopted <br /> the flood maps prepared for Federal Emergency Management Agency(FEMA) and adopted <br /> associated regulations that have been approved by FEMA. The Subarea Plan recognizes that not <br /> all questions have been answered related to how the project will affect flood flows and impact <br /> other properties in the floodplain. Subarea Plan Section 3.3.2.1.1 identifies the studies that will <br /> be needed prior to restoration design. <br /> Comment#4: Under Appreciation as City Policy <br /> The City needs to return public safety to the forefront of the marshlands subarea development <br /> plans. The city has done an insufficient job offloodway planning over the last ten years. <br /> City of Everett's response:The City has met all legal requirements for floodplain planning. <br /> Ecology conducted a Community Assistance Visit on July 9, 2009 and determined that the City <br /> was fully compliant with NFIP and State floodplain regulations. The EIS for the Riverfront <br /> Redevelopment evaluated the impacts of flooding during a 500-year event and determined that <br /> significant impacts would not result. Additional analysis of flooding impacts will occur prior to <br /> construction of any tidal restoration in the Marshlands. See response to Comment#1 directly <br /> above. <br /> 5 <br />