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October 26, 2009 <br />Page 4 <br />his testimony before the City of Everett Planning Commission on October 6, 2009. Mr. Ebert <br />suggested at that time that the applicant would be willing to place noise, odor and other industrial <br />use impact easements on the property benefitting and assuring neighboring industrial users, such <br />as StoekPot, that if the city approved the proposals, residential neighbors would not seek to make <br />nuisance or other claims against thein. <br />Stockpot respectfully requests that the City supplement its DSEIS analysis to include an express <br />analysis of the potential impacts of StockPot's industrial use on future residential users of the <br />CEMEX site. StoekPot further respectfully requests that the City mitigate these impacts by <br />requiring the applicant to convey an easement, binding on all lots created by future subdivisions <br />in the Proposal area, that expressly permits Stockpot to emit odors that arc within the limits <br />established by the Puget Sound Clean Air Agency and noise within established regulatory limits. <br />Such mitigation could also include installation of additional noise and/or odor mitigation devices <br />at the StoekPot culinary campus at CEMEX's expense. <br />Thank you for your consideration, and please do not hesitate to call me if I can provide you with <br />any additional information. <br />Very truly urs, <br />Robert . Za <br />Vice Presi ent -- Real Estate Operations <br />DWT 134989140 0009244-000016 <br />