12115 19TH AVE SE 2016-01-01 MF Import

3. RCW 42.21C.075(3)(d) - the State statute related to SEPA appeals requires the City to give substantial weight to procedural determinations made by the responsible official. The Appeal Procedures section of the City's SEPA Ordinance No. 753-81, Section 22H states in part, "The determination appealed from shall be regarded as prima facie correct and the burden of establishing the contrary shall be upon the appealing party . . ." This language is consistent with the State statute mentioned above. 4. The appellant has appealed the City's Determination of Non -Significance on seven grounds, the first being drainage impacts from the construction of the apartment complex. They are requesting that "a complete study be made by the Fish and Game Department in conjunction with the Department of Ecology to determine what long-term effects the paving of 63 percent of the property will have on waters flowing south." 5. Pamela Lux stated that the neighbors were not just requesting a review of this project, but they are concerned with the overall impact of all the projects which will occur in the Silver Lake area. 6. Jack Dinneen stated that the City is in the middle of a study of Silver Lake which will identify the condition of the lake. The data from that study has not yet been analyzed and the study will not be completed until 1988. He states that soil erosion, runoff of oil from streets and pavement and the deterioration of the asphalt from the project will adversely affect the quality of the water in Silver Lake. Increasing the depth of the wetlands and using that for stormwater detention will lead to a loss in the filtering ability of the wetland. There should be a separate area for holding the runoff and then letting it run through a restricted orifice and into the wetland area where it can function to filter the water. He is concerned that the wetland identification was done during a very dry period and there is not enough water to accurately determine the significance of the wetlandta or their boundaries. He stated that the Corp of Engineers must issue a statement of jurisdiction and there has been no move towards this by the developer. 7. The City contends that the Corp of Engineers, along with the Department of Wildlife and the Department of Ecology did receive notice of this proposal. 8. Harold Jones stated that the neighborhood already has reasonably serious drainage problems. With all the blacktopping that will occur from this development, the drainage problem will be intensified. 9. The site was annexed to the City in November of 1984. This area is not included within the Scuth Everett Drainage Basins Plan and the City has not completed any studies of drainage in the area. -3-