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;;� ; <br /> ji;;;�e. <br /> ; ;; <br /> proposed facility "will not directly impact any water resource or designated <br /> buffer." The report did note that the Best Management Practices (BMP) follo�ved <br /> during and after construction wouid control erosion and sedim�ntation and <br /> ensure proper treatment of stormwater and/or wastewater. �fhe City <br /> recommended that an Environmentally Sensitive Area (tSA) �ovenant be <br /> recorded and that fencing be installed to protect the wetlands and �he associated <br /> buffers. (exhibit 1 staff report; exhibit 4 Wetland Delineation) <br /> 30. Although the Applicant sought a landscape modification for limited portions of the <br /> site, a landscape plan was not submitted into the record before the Hearing <br /> Examiner. A landscape modification is an admir�istrati�e decision forwhich the <br /> City Of Everett Plasining Director lias the authority to approve or deny. <br /> 31. Type III landscaping would be utilized to �creen the proposed facility from <br /> neighboring properties and areas that are not already su�ciently screened. In <br /> order to implement this, the Applicant proposed to plant evergreen vegeYation <br /> with spacing of �5 feet on center. The Applicant further propos2d to use native <br /> plants for enhancement of wetland buffers. Landscaping would assist in <br /> screening light or glare. (exhibit 9 Environmenta( Cl�ecklist; er.hibit 23 Appficanf's <br /> Power Poinf Presentation) <br /> 32. EMC 2G.80 mandates noise control standards for the �ite. The site is classified <br /> as a District III Noise Control District. The Applicant determined that the <br /> proFosed facility would be within regulatory limits and that the Applicant would <br /> utilize standard noise attenuation devices to reduce or con!rol noise standards. <br /> (exhibit 1 staff report; exhibit 9 Environmental Checklist panes 19-22) <br /> 33. The Puget Sound Clean Air Agency determined that a ready-mix batch plant Is a <br /> potential source of air pollution. The Applicant would be required to comply with <br /> the Best Available Control Teclinology Standards as set forth by the agency. <br /> Current Best Available Control Technology Standards require systems that <br /> control at least 99.99 percent of potential particulate emissions. The Application <br /> proposed to include a "baghouse" filter system to satisfy this requirement. <br /> (exhibit 9 Environmental Checklist pages 7&8) <br /> � 34. A public witness submitted support of the proposed project and recommended <br /> that as part of the proposal, benches be placed on the trail surrounding this <br /> project. The Applicant indicated that this was being planned, and the benches <br /> would be provided. (Mascarenas testimony; Wolken testimonyl <br />� , The Hearing Examiner of the City of Everett has jur•isdictional authority fo hold a hearing <br />� I and to issue fhe decision. That authority is set forih in EMC 15.24.310 and EMC <br /> I 15.16.100. Based on flie above �ndings, the Hearing Examiner enters the following <br /> conclusions: <br /> `i <br /> 14 <br />. ._ _ - --' <br /> '(, �°c7 s ��} �;�i J s . :"} k i <br />..' ' .a . ,! � �'j Y��� x Y(�� ^Y� .? %�/ .��.5 _��v�`y y�:� <br /> . . . . . .. . .�� �i.��. . �¢ $ <br /> . . ;. . J1 q �. .�{."�. � e.. .�7 �.L' 3{. t , �.d' ,ys,_�*e..%{ <br /> .T <br />