3500 TERMINAL AVE 2018-06-08 - Laserfiche WebLink

by the Planning and Community Development Director or Hearing Examiner on a project by project basis based upon specific characteristics of the proposal. 34. Construction sites and on-going activities involved in the handling and storage of fuel, chemicals,oil and other substances with the potential for spillage into adjacent waters, shall have operational procedures to prevent and handle potential spills. In addition,physical structures which would contain any potential spills shall also be provided. Procedures shall meet applicable local, state and federal requirements. Findings: Best Management Practices have been incorporated into the Mitigated Determination of Non-Significance issued by the Port. In addition,the Washington Department of Fish and Wildlife has granted Hydraulic Project Approval subject to meeting several detailed conditions to ensure no detrimental impacts resulting from the construction activity. 35. SEWIP Regulations When compensatory wetland mitigation is required for development in the estuary,the applicant must comply with the following regulations unless an alternative that provides equal or greater compensation is approved by state and federal resource agencies. A. SEWIP Salmon Overlay 1. Unavoidable Impacts. Unavoidable adverse impacts to tidal habitat functions that result from loss of littoral habitat functions or area in the Snohomish River Estuary(including Port Gardner) shall be compensated by restoring or enhancing historic tidal aquatic habitat functions and littoral area in the estuary. Top priority is assigned to compensatory mitigation through tidal restoration in areas identified in the restoration plan(SO Section 6), and within the same EMU,where possible(Regulation 35.A.5). In cases where loss of function does not have an associated loss of littoral habitat area,mitigation can be provided in the form of restoration or enhancement of existing littoral habitat area,or by provision of new habitat area. 3. Minimum Compensation Requirements. The minimum requirements for compensation shall be: • 1 acre (or fraction thereof)of restored littoral habitat for each acre (or fraction thereof) of littoral habitat lost from diking, dredging,and/or filling. Littoral habitat includes all area from- 10.0 ft MLLW to at least OHW(where discernible; otherwise MHHW); area of both impact and mitigation sites is extended landward to the extent of the riparian zone as defined in SO Section 2.4. Findings: The project will result in 1,600 s.f. of loss or modification of habitat. This will be mitigated by applying an equal amount of credit for the Port's Union Slough tidal habitat restoration site. 5. Where Compensation Can Occur. • Opportunities for habitat restoration in the highly modified habitats in EMUs 5 and 6 are limited; therefore, impacts in EMUs 5 and 6 may be compensated in EMUs 2,3,4,5, or 6. Because EMUs 1,2,and 6 have the smallest proportions of their total acreage that is salmon habitat(SO Table 4.2)within their boundaries, further reduction of habitat area and function should be avoided.