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§ � <br /> 1 Exhibit 1 <br /> wetland functions with palustrine wetland functions, the original SEWIP <br /> process and vegetated wetland model applies (City of Everett et al. 1997). <br /> Regulation in SMP Section 5.5 Commercial Development - page 5-26 <br /> 2. Nonwater-oriented commercial uses shall only be permitted within 200 feet of the <br /> ordinary high water mark when they provide substantial public access and they <br /> provide ecological restoration, if appropriate and feasible, and when at least one of <br /> the following criteria is met: <br /> a. The site is physically separated from the shoreline by another property, public <br /> right-of-way, or significant environmentally sensitive area. <br /> b. The use is part of a mixed-use project or area that includes water-dependent <br /> uses. <br /> c. The site is upriver from the SR 529 bridge, or is located along Union or <br /> Steamboat Sloughs. <br /> Water-dependent and water-related commercial uses shall be prohibited where they <br /> would require new dredging, fill, piers, or other significant modifications in areas <br /> designated Aquatic Conservancy, or in the aquatic area west of Smith Island (AU <br /> 3.05). <br /> Regulation in SMP Section 5.7 Industry Pages 5-32 - 33 <br /> 1. The Shoreline rules clearly provide for a priority of shoreline uses with the highest <br /> priority given to environmental restoration and water dependent and water related <br /> uses (see WAC 173.26.200 (2)(d) Preferred uses, 173.26.240 (3)(f) Shoreline Use <br /> Standards — Industry, and 173.26.250 (3)(c) Shorelines of state-wide significance - <br /> Priority uses). <br /> b. Urban Industrial and Urban Mixed Use Industrial shoreline areas along the <br /> main channel of the Snohomish River upriver from the SR 529 bridge are also <br /> located adjacent to the federally maintained navigation channel, and may be <br /> commercially viable. However, these areas are to some degree constrained <br /> due to the restrictions of the SR 529 bridge and also the presence of significant <br /> environmental features along certain sections of the Snohomish River (see the <br /> SEWIP resources inventory and the WDFW Priority Habitats map). <br /> In these areas, nonwater-dependent and nonwater-related uses shall be <br /> permitted within 200 feet of the ordinary high water mark provided such uses <br /> proxide substantial public access and public enjoyment of the shoreline. <br /> Section 3 General Goals,Objectives, Policies and Regulations Page 3-86 <br />