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Exhibit 3 to Ordinance No. <br /> environmental review requirements of SEPA for full buildout of the Project. Additional <br /> SEPA review for Project development will not be imposed unless required by SEPA, as <br /> implemented in the state SEPA regulations in effect at the time of City permitting. The <br /> general rule, as stated in the state SEPA regulations at WAC 197-11-600, is that a <br /> Supplemental Environmental Impact Statement is required only if there are substantial <br /> changes so that the proposal is likely to have significant adverse environmental impacts, or <br /> there is new information indicating a proposal's probable significant adverse environmental <br /> impacts. Upon receiving an application for a permit associated with development of the <br /> Project, the City's SEPA Responsible Official shall determine whether supplemental <br /> environmental review for the application is required pursuant to WAC 197-11-600. <br /> 8.1.2 If OM receives the permits and approvals necessary to develop the <br /> Project, it will carry out the SEPA mitigation as set forth in the table of mitigation measures <br /> at Attachment I. <br /> 8.1.3 As stated in the EIS, the City will be completing additional public <br /> access and park improvements, and environmental enhancement and restoration actions <br /> adjacent to the Riverfront Property. The City may conduct additional SEPA review for <br /> these actions in the future. <br /> 8.2 General Development Conditions. <br /> 8.2.1 OM is responsible for maintaining any in-water structures, including <br /> the boat dock and adjacent constructed log jams,which OM constructs or is responsible for <br /> as a part of the Project. <br /> 8.2.2 Residential development on the portion of the Landfill Pad south of <br /> 41' St. (the ramp triangle) and on the Eclipse Mill Site may be impacted by noise from the <br /> adjacent rail line. Noise impacts will vary based on distance from the line and whether <br /> large buildings are located between the rail line and the residential uses. For any residential <br /> units on this property,the applicant must submit a noise study that describes the measures <br /> needed to ensure that interior noise levels do not exceed 45 Ldn. Noise levels in required <br /> outdoor recreation areas on the site shall not exceed 65 Ldn. The building plans must be <br /> signed by an acoustical engineer/expert documenting that the necessary measures are <br /> incorporated into the plans. <br /> 8.2.3 Construction and site operations must be in compliance with Everett <br /> noise regulations in Chapter 20.08 EMC. <br /> 8.2.4 Prior to issuance of building permits for structures or associated <br /> permanent parking which are within shoreline jurisdiction and within 100 feet of a wetland, <br /> a final wetland creation and wetland and buffer enhancement plan must be reviewed and <br /> approved by the City. The plan must include grading plans,planting plans, irrigation plans, <br /> SEWIP calculations, hydrology anticipated in wetland creation areas,performance <br /> standards (including performance standards based on the WA model for wetland creation), <br /> and maintenance requirements. The plans must address measures to deal with beaver <br /> activity. Provisions shall be made for contingency measures,to take in case the <br /> 73 <br /> -7- <br />