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FINDINGS AND DECISION <br /> OF THE HEARING EA;AMINER OF THE <br /> CITY OF EVERETT <br /> IN THE MAlTER OF THE APPLICATION <br /> OF CEDAR GROVE COMPOSTING INC. <br /> FOR APPROVAL OF A SHORELINE <br /> SUBSTANTIAL DEVELOPMENT PERMIT SMA #05-006 <br /> AND SPECIAL PROPERTY USE PERMIT SPU #05-012 <br /> SEPA APPEAL APPEAL #05-004 <br /> DECISION: The Shoreline Substantial Development Permit and <br /> Special Property Use Permit for the construction of <br /> a ready-mix concrete ba;ch plant with associated <br /> storage and retail facilities on property at 3640 — <br /> 34th Avenue NE, Everett, Washington is granted <br /> subject to conditions as set forth herein. <br /> The appeal of a State Environmental Policy Act <br /> threshold determination of the Final Mitigated <br /> Determination of Non-Significance is denied. <br /> INTRODUCTlON <br /> i he Cedar Grove Comoost�ng, Inc. (Applicant) requested approval of a Shoreline <br /> Substa�tial Development Permit (Shoreline Permit) and a Special Property Use Permit <br /> to allow construction of a ready-mix concrete batch plant with associated storage and <br /> retail facilities on 15 acres of an 18-acre parcel located at the southeast portion of Smith <br /> Island at 3640 — 34th Avenue NE, Everett, Washington (subject property`�. Because of <br /> the close proximity of the project to a significant shoreline within the State of <br /> Washington and because the project exceeds the threshold amount of $5,000.00, a <br /> Shoreline Permit is required. As part of�he review of the application, the City of Everett <br /> was designated at the lead authority for reviewing environmental impacts generated by <br /> the proposed project. On August 29, 2005, the City issued a Final Mitigated <br /> Determination of Non-Significance (MDNS) for the project. Pursuant to the laws of the <br /> State of Washington and the City of Everett, the Union of Operating E:ngineers (I.U.O.E) <br /> Local 302 (Appellant) fi�ed an appeal of the City's threshold determination. The appeal <br /> �vas filed on September 12, 2005. <br /> A hearing was held before the Hearing Examiner of the City of Eve�ett on October 20, <br /> 2005. At the hearing the following presented testimony and evidence: <br /> Gerry Ervine, City of �verett Planning Uepartment <br /> Steve Ingalsbe, City of Everett Planning Department <br />