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March 8, 1990 <br />City of Ev^rett <br />City Clerk <br />Department of Community Development <br />City Hall <br />3002 Wetmare Ave. <br />Everett, WA 98201 <br />RECEIVED <br />0TV CI cow <br />r <br />LETTER OF APPEAL <br />4: <br />RE:Revlsed Mitigated Determination of Non Significance SEPA it36-89; Short <br />Subdivision # 7-89(Revlsed) <br />i' <br />Dear City Clerk, City of Everett and Department of Community Development: <br />We the undersigned hereby appeal the Revised Mitigated Determination of Non <br />Significance SEPA # 36-89("DNS'), copy attached and made a part hereof by this <br />referece. We seek review of this DNS pursuant to EMC 20.04.250. <br />GROUNDS OF APPEAL <br />:.. <br />1. Site Is Environmentally Sensitive, Factual Context. <br />A. Wetlands <br />A careful physical examination of the property subject to this DNS demonstrates <br />wetlands in several areas by the observation of the presence of seeps, standing <br />surface water, saturated soils, poorly drained soils, spongy soils on slopes and <br />plant types commonly found in wetland areas. <br />= <br />B. Slopes <br />¢ <br />The property consists of sloping ground of varous degrees. One area is <br />"- <br />prodominantly 15 to 25 percent sloping. Another area contains slopes from 25 to 70 <br />percent. <br />C. Stream <br />Powder 11111 Gulch Stream traverses the western part of the porperty. <br />D. Soils <br />The surface soils run from well drained to Inundated and saturated. Some have <br />high organic content. Some soils are hydric. <br />E. Vegetation <br />Rushes, buttercup, salmonberry and riparian vegetation plants and trees are <br />found on the site indicating its wetland and riparian character. <br />A report of a study done by Shapiro and Associates, dated January 22, 1990, <br />determined the site to be environmentaly sensitive. The report also determined that <br />a significant portion of the property Is a wetlands. This report was received by <br />the City of Everett on February 5, 1990. <br />2. Site Is Environmentally Sensitive, City's Failures <br />Notwithstanding this factual report, the City of Everett has Issued the DNS and <br />Preliminary Plat Approval, dated February 28, 1990. The DNS listed as a mitigation <br />measure that the applicant "...must submit his own wetland study..." (sic). (Page 2, <br />Paragraph 4.) <br />Everett Municipal Code ("EMC") 20.04.060 and 290 set forth the criteria and <br />policies relating to this property. The determination by the city Ignores these <br />