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3. The Applicant shall: <br /> a. Follow the Snohomish Health District Everett Smelter Site public health advisory guidelines for <br /> taking precautions when digging into or otherwise coming into contact with contaminated soils <br /> remaining on-site. <br /> b. If contaminated soil is excavated and left on site, cover it with at least two feet of clean soil and <br /> otherwise meeting the "soil profile"for the Everett Smelter Site (available at the Everett Planning <br /> Department); <br /> c. Not give away or dispose of excavated soil (off-site)that may be contaminated, except to a facility <br /> permitted to accept such soil, unless the Snohomish Health District or Washington State Department <br /> of Ecology agree otherwise; <br /> d. Not backfill new or substantially modified utility line trenches with contaminated soil, such that <br /> workers could become exposed in future maintenance, repair or replacement activities;and <br /> e. Comply with by any deed restriction that may have been placed on the property. <br /> 4. Before starting construction,the Applicant or its contractor shall consult with the Snohomish Health <br /> District or,Ecology if the Applicant or its contractor needs any clarification on soil excavation, <br /> management and disposal, and any required sampling of on-site soil to assure that surface soils(top <br /> two feet)meet FCAP or other applicable Ecology or Snohomish Health District standards, including the <br /> "soil profile"for the Everett Smelter Site. The Applicant shall keep a record of any consultation. <br /> 5. Any subsequent project plans and permit applications that would result in soil disturbance shall use <br /> applicable protective measures for workers who will be exposed to soils/fugitive dust and shall be <br /> designed to meet the"soil profile"for the Everett Smelter Site in the Department of Ecology(Ecology) <br /> Final Cleanup Action Plan (FLAP)and otherwise comply with soil excavation, management, disposal, <br /> and any soil sampling requirements of Ecology and the Snohomish Health District. <br /> 6. Permittee or contractor shall follow applicable Washington State worker safety measures("The Good <br /> Practice Guidelines'for Employers and Employees Working within the Everett Smelter Study Area," <br /> Washington Department of Labor and Industries) including wearing protective clothing or additional <br /> measures when:working in soils that have arsenic concentrations above 200 ppm (which are identified <br /> on the Community Protection Area map and available from the Everett Planning Department. <br /> Responsible Official: Allan Giffen, Planning Director Phone: (425) 257-8731 <br /> Address: 2930 Wetmore Avenue, Suite 8-A, Everett,WA 98201 <br /> 3 <br /> Signature: 69 -1 Date: February 20, 2017 <br /> You may appeal this determination by filing an appeal on forms provided by the Planning Department and a <br /> fee to the Planning/Community Development Permit Services Counter at 3200 Cedar Street, 2nd Floor, <br /> within 14 days of the date of this issuance. <br /> A DNS may be withdrawn in the event of significant changes in the proposal,disclosure of new significant <br /> information, misrepresentation by the applicant, or failure to comply with the conditions upon which this <br /> Determination of Non-Significance is predicated. <br />