RES 81-18 CUP FOR DREDGING AT WINSLOW WHARFRESOLUTION NO. 81 - 18
A RESOLUTION APPROVING A CONDITIONAL USE
PERMIT FOR THE DREDGING AT WINSLOW WHARF
WHEREAS, on July 6, 1981 the Winslow City Council approved
a substantial development permit for additional development
at Winslow Wharf conditioned upon the applicant applying
for and receiving approval on a Conditional Use Permit for
proposed dredging above the line of extreme low tide; and
WHEREAS, on July 14, 1981 the Planning Agency recommended
approval of a Conditional Use Permit for the proposed dredging; and
WHEREAS, on August 14, 1981 the Hearing Examiner in file number
X-81-7 (b) recommended approval of the Conditional Use Permit
for the proposed dredging; and
WHEREAS, the City Council reviewed the Findings of Fact,
Conclusions of Law and Recommendation issued by the Hearing
Examiner for the Conditional Use Permit;
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WINSLOW AS FOLLOWS:
1. Findings of Fact.
'The City Council adopts the Hearing Examiners Findings
of Fact I - IX.
2. Conclusioln.s of Law.
The City COuncil adopts the Hearing Examiner Conclusions
of Law I -III.
3. Order.
The Conditional Use Permit for proposed dredging above
the line of extreme low tide is approved subject to the
requirements outlined by the Department of Fisheries and
Game in their letter dated July 14, 1981, together with
any subsequent restrictions required by the Department for
the protection of fish life.
APPROVED by the City Council of the City of Winslow on this 3rd day
September , 1981.
Clerk/Treasurer
Tawres ey
Mayor
BEFORE THE
HF~/R/NG EXAmlINER
CITY OF WINSLC~
In the Matter of the )
)
Shoreline Substantial Develomment Fennit of )
_
)
WINSIIZ.q ~.%LAPY CO., INC. )
)
)
File ~b. X-8 1-7 (b)
FIbDINGS OF FACT
CONCLUSIONS OF LAW
AND ~~ENDATION
THIS ~A'.L'!'kLR having come before the Interim Hearing LDxaminer, C~Drdon
S. Jones, at a quasi-judicial hearing on August 4, 1981, for approval of
Applicant' s Conditional Use Permit, the Interim. Hearing Examiner having
considered the testimony presented, together wi-th the exhibits offered. and
a&mitted hnto evidence, now, therefore, enters the foil_owing findings:
FTND~GS OF FACT
I
Applicant pro_moses to add an additional fifty-eight (58) new slips to
its existing marina by partially r~anDving an existing pier and dredging between
the tTnrina ~nd existing shorel~e. ~9.e proposal will inv0!~e dredging by
scow of 22,000 cubic yards of material and depsihing the sara at a dispsal
site known as Four Mile Rock in Elliot Bay. Applicant' s total proposal Proown
as Winslow Wharf EXpansion enconloasses other as[roots which were dealt with
h% the application for a Shoreline Substantial Develoi~lent Permit and for
approval of a preliminary plat; these matters were handled at public hearing
on }'~y 14, 1981, before Hearing .~Lxaminer Walt Woock~ard. The only matter
~Lnder consideration is the issuance of the Conditional Use PeruTit for the
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dredging above the extreme low tide line.
II
Applicant' s shoreline is designated as an Urban Fnviron~ent by the
City of Winsl~'s Shoreline Management ~ster Program.
III
On June 10, 1981, Applicant filed in the City of Winslow its Conditional
Use Permit for said dredging, see Exhibit 21. This permit application was
necessary after Applicant' s Substantial Develo~t Permit was approved and
conditioned upon obtaining of the Conditional Use Permit.
Applicant has comp. lied with the procedure for the Conditional Use
Permit as set forth in the City of Winslow Shoreline ~nagen~nt Master
Program (see Page 56) through suhnission of an Favironmental Checklist
(Fb~ibits 3 and 4) and through subfission of its S~stantial Developm~ent
Permit and the final Environmental Impact Statement for e~ansion of the
Winslow ~/~arf ~arina (see Fkhibits 5 and 1 respectively).
Notice of this application and hearing ~es duly posted, published and
given to the adjoining property owners.
~..t the public hearing, there was no pu~Dlic opposition to granting of
the Conditional Use Permit.
On July 14, 1981, the Depar~nent of Fisheries and CeJne granted approval
of the project including the dredging, subject to several conditions established
for the protection of juvenile saLmsnids migrating t~hrough the area (see F~d~ibit 25).
The pro.~os~r] deep vmter disposal site, Four P~ile Rock in Elliot P. ay, was
approved by the State Department of Natural Resources in their letter dated
May' 15-, 1981 (see Exhibit 24 )- The United States Environmental Protection
Agency has reviewed the chemical analysis of the proposed dredge material,
and concluded that it was suitable for inwater disposal at Four ~ile Pock.
VIII
In its reccnmendation dated July 14, 1981, the Planning Agency
unaninDusly approved the granting of the Conditional Use Permit.
IX
The proposed dredging is necessary for the expansion of Winslow Wharf
Marina. There appears no other alternative to dredging other than no action.
Dredging within the intertidal area will cause the tePspOrary loss of
marine organisms, hewever, this loss will be nei~eher significant nor
XI
Applicant has re~J. uced the potential loss of some marine invertabrates
by reducing the dredging to 22,000 cubic yards, and appears to have taken all
the necessary steps for the protection of marine life.
The propsea expansion of fie existing marina, and the necessary dredging,
is a use consistent with and compatible to the other permitted uses adjacent
to the project site.
There are no si.gnificent adverse affects to shoreline environment resulting
from the dredging activity.
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CONCLUSIONS OF IAW
.The Hearing Examiner has jurisdiction over the subject matter. Proper
application was made for the Conditional Use Permit. Due notice of this
hearing was given.
II
The application meets the requir~ts of the Dredging Use Activity
section of the City of Winslow's Shoreline Manag~t b'~ster Program, see
section IV- F.
III
Through the testimsny presented and exhibits admitted into evidence,
Applicant has demonstrated that (a) the proposed dredging is consistent of
the policies of the t4aster Program; (b) the dredging will not interfere with
the normal public use of public shorelines; (c) the proposed use of the site
and the design of the project is compatible with the other permitted uses
v.~thin the area; (d) the proposed dredging will cause no unreasonably adverse
affects to the shoreline enviro~nent designation, nP~nely, urkk~ environment;
and (e) the public interest suffers no substantial detrimental affect from
the granting of the Conditional Use Permit.
Therefore, the Interim Hearing Examiner n~?,kes this
PECO.~~TION
The application of Winslow Wharf Co., Inc., for a Conditional Use Permit
for the proposed dredging should he appmved subject to the requirements
outlined by the Department of Fisheries m~d Ceme in their letter dated July
14, 1981, together with any stfbsequent restrictions req~ffred by the Department
for the protection of fish life. DA~AI~. this ]q '~ day of