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17. As part of the original approval, the Applicant was granted a reduction of the wetland <br /> located in the northwest portion of the site near Merrill and Ring Creek. In order for a <br /> wetland buffer width reduction, the provisions of EMC 19.37.100.D must be satisfied. <br /> These criteria are: <br /> 1. There has previously been substantial legal alteration of the wetland <br /> and/or buffer on the subject lot or adjoining lots. <br /> 2. The proposal includes a wetland and buffer enhancement plan that <br /> improves the functional values of the buffer and wetland. <br /> 3. The enhanced buffer shall not result in more than a 50% reduction in the <br /> standard buffer width. <br /> 4. The reduced buffer shall not be less than the minimum dimension <br /> allowed by buffer width averaging (50% of the standard buffer width or <br /> 20 feet, whichever is greater). <br /> 18. The wetland and the buffer have been altered by the placement of the fill on-site. <br /> During the road construction, fill was placed in the wetland and the buffers, and the <br /> drainage system was altered. This alteration to the wetland was not the activity of the <br /> Applicant, but it was the activity of the road construction2. <br /> (exhibit 1) <br /> 19. The Applicant will enhance the 37-1/2 foot buffer adjacent to the wetland. The <br /> functional value of the buffer and the wetland will improve because of the vegetation to <br /> be planted by the Applicant. It will also improve the potential for the habitat for wildlife <br /> with additional forage, shelter, and protection. Water quality would be also improved. <br /> (exhibit 1) <br /> 20. As noted, the Final MDNS was issued for the extension on September 13, 1996. It <br /> was determined that the proposed buffer reduction will not result in significant adverse <br /> impacts to the environment, and the wetland and buffers will be enhanced by the <br /> proposal. (exhibit 1) <br /> 21. The enhanced buffer will result in a 50% reduction in the standard buffer. The <br /> proposed buffer width is 37-1/2 feet, which is half of the 75-foot buffer standard. <br /> (Palacios testimony) <br /> 22. There was no opposition at the public hearing. <br /> Jurisdiction: The Hearing Examiner of the City of Everett has jurisdictional authority to hold <br /> a hearing and to issue the recommendation. That authority is set forth in EMC 2.23.120. <br /> Based on the above findings, the Hearing Examiner enters the following conclusions: <br /> 2 It appears that no provisions for wetland protection existed at the time of road construction. <br /> 5 <br />