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Exhibit 1 3 <br /> area to uplands in the berm is more than offset by the increased productivity <br /> within the mudflat created inside the berm. <br /> (5) Mechanisms to insure implementation and to measure effectiveness: <br /> Monitoring and adaptive management would be required by permits for <br /> shoreline restoration and/or berm construction. <br /> 2. Private Property <br /> a. Mukilteo Tank Farm to Pigeon Creek No. 1 (EMU 7) <br /> The shoreline reach between the western City limit and the Pigeon Creek No. 1 <br /> delta includes a mix of public and private ownership. BNSF is by far the largest <br /> private landowner and any project in this reach of shoreline would require at least <br /> access through their right-of-way. Numerous private waterfront lots also extend <br /> onto tidelands. The nature of projects that could occur here is fully described under <br /> the Public Property section. Further information based on the Port's project is <br /> necessary to determine whether this approach has broader applicability. <br /> b. East Waterway - Kimberly-Clark. Potential log raft restrictions on Kimberly - <br /> Clark property were discussed in Section E.1.c above. <br /> 3. Regulations in the SMP that Promote Restoration of Shoreline Function. <br /> • Buffers will be restored along the Snohomish River as properties redevelop. The <br /> extent of buffer restoration will depend upon whether uses are water-dependent or <br /> nonwater-dependent. (EMC 19.37) <br /> • Where nonwater-dependent/related commercial and industrial uses are proposed, <br /> environmental restoration is required, when feasible. Existing native shoreline <br /> vegetation must be preserved and enhanced per the requirements of the SMP. (SMP <br /> Regulation 2 on page 5-26, Regulation 1.a. on page 5-31, 32) <br /> • As redevelopment occurs, unnecessary impervious surfaces shall be removed and <br /> shoreline buffers enhanced/restored, except as necessary for access to the water. The <br /> Planning Director can require redesign to minimize impacts to existing vegetation and <br /> to provide for buffer enhancement. (SMP Regulation 11 on page 3-31) <br /> 139 <br /> Section 3 General Goals, Objectives,Policies and Regulations Page 3-69 <br />