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S t <br /> Findings: The project will not change or expand the use,nor will it result in new or increased <br /> long term impacts. <br /> 3.5 Cultural Resources <br /> 1. All shoreline permits shall contain provisions which require developers to immediately stop <br /> work and notify the City and the Tulalip Tribes if anything of possible archaeological interest is <br /> uncovered during excavations or development and consult a professional archaeologist to <br /> inspect and evaluate the site. Failure to comply with this requirement shall be considered a <br /> violation of the Shoreline Permit. <br /> Findings: This requirement has been adopted in Condition No. 5 of this decision. <br /> 3.7 Public Access <br /> 1. Public access shall be required to the extent allowed by law in the review of all shoreline <br /> substantial development and conditional use permits(including land division), except for <br /> projects which meet the following criteria: <br /> d. In-water proposals with no demonstrated impact on public access or with a demonstrated <br /> increase in public access, such as dredge material disposal at the PSSDA site and removal <br /> of existing pilings or other obstructions. <br /> Findings: The proposal to restore the bulkhead is in large part an in-water project which does <br /> not increase demand for public access. The project area is fully within the terminal area and <br /> will not affect existing public access. The project qualifies for this exception. <br /> 3.9 Conservation Element <br /> 1. Except for within the Marshland Subarea, all development activities shall comply with the <br /> City's Environmentally Sensitive Area Ordinance,EMC 19.33D.360-590,in effect on March <br /> 21, 2001, and Planning Director Interpretation No. 2-2000,Interim Procedures,Endangered <br /> Species Act Listing for Chinook Salmon and Bull Trout,unless more stringent requirements <br /> are adopted by City Council subsequent to that date. <br /> 3. Best available science shall be used in identifying, evaluating and mitigating impacts of <br /> development proposals. The City shall require sufficient geological,hydrological and <br /> biological studies to determine the impacts of the proposal. (See EMC 19.37 and Planning <br /> Director Interpretation No. 2-2000 in Appendix A.) <br /> Findings: A Biological Evaluation of the project has been completed, The BE states there will <br /> be approximately 1,600 s.f. of intertidal habitat impacts, which will be mitigated using <br /> available credits from the Port of Everett's Union Slough Restoration Site. <br /> 7. All developments shall mitigate impacts to water quality using best available science. <br /> Compliance with City stormwater regulations consistent with the state stormwater regulations <br /> shall be required. Water quality monitoring during construction and operation may be required <br /> 1 <br />