2918 TERMINAL AVE 2018-01-02 MF Import

Port of Everett SMA 2-91 Page -7- 13. No public access is to be allowed because of the heavy industrial use of the pier. In lieu of public access, the Applicant will provide public access through improvements at the loth Street Boat Launch site i* accordance with the Everett Harbor Front Public Access Plan adopted by the Port of Everett in the City of Everett. DECISION Based upon the preceding findings of facts and conclusions, the testimony and evidence submitted at the public hearing, and upon the impressions of the Hearing Examiner of the site view, it is hereby ordered that the requested Shoreline Management Substantial Development Permit for the removal of an existing Alumina handling facility on Pier 1 of the Everett Waterfront and the replacement of it with a new handling facility on Pier 3 and all associated activities as described in the staff report, is granted subject to the following conditions: 1. Screening or shielding of outdoor lights must be provided to prevent glare impacts on adjacent residential properties. All lighting must be directed downward towards the pier work area to reduce glare. 2. The general regulations of the City's Shoreline Master Program states that operational procedures for handling potential spills of fuel, chemicals, oil, and other substances into adjacent waters must be established for certain activities along the shoreline. In the Mitigated Determination of Non -Significance (MDNS) issued by the Port of Everett for this project, a SEPA Condition was incorporated to address such operational procedures: "The Port will amend its Spill Prevention Control and Counter Measure Plan (40 CFR 112) to reflect the changes of operations of Piers 1 and 3. This plan will address cleanup actions and mitigation measures to be implemented in the event of a spill." This condition is hereby incorporated into the staff's recommendation to meet the Shoreline Master Program requirements. The amending of the Port's Spill Prevention Control and Counter Measure Plan for Pier 1 and Pier 3 operations must be completed prior to the issuance of any construction permits for this project. 3. This project must comply with regulations of the City's Noise Ordinance. Noise level monitoring must be performed during facility operation to ensure compliance with the City Noise Ordinance. 4. The site must be sprinkled when necessary to control dust emanating from this property, and the use must be operated in compliance with all Puget Sound Air Pollution Control Agency regulations pertaining to the control of airborne dust or particulates. These requirements extend to the removal of the existing crane and conveyor, the construction of the new system, and to daily operations.