RES 95-06 SSDP FOR PLACEMENT OF FIBER OPTIC CABLE ACROSS PUGET SOUND BY U.S. WESTRESOLUTION NO. 95 - o 6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, ADOPTING A SHORELINE SUBSTANTIAL
DEVELOPMENT PERMIT FOR THE PLACEMENT OF A FIBER OPTIC
CABLE ACROSS PUGET SOUND BY U.S.WEST COMMUNICATIONS
(SSDP07-20-94-2).
WHEREAS, an application has been submitted to the City of Bainbridge Island,
Washington, by U.S. West Communications for a Shoreline Substantial Development permit
SSDP 07-20-94-2 for the placement a fiber optic cable from Alki Point to Blakely Harbor, across
Eagle Harbor, and across Port Orchard Bay from Crystal Spings to Illahee, and
WHEREAS, the City of Bainbridge Island Planning Commission found that (1) The
permit is consistent with the criteria for shoreline substantial development permits for public
utilities; (2) The cable is permitted by the general regulations; (3) The use is permitted in the
Rural environment; and (4) The Shoreline Substantial Development Permit will not cause an
accessory use or activity inconsistent with the goals, policies and regulations in the Shoreline
Master Program, and
WHEREAS, the City of Bainbridge Island Planning Commission determined the permit
was not minor in nature, and
WHEREAS, the City of Balnbridge Island Planning Commission adopted the staff report
as its findings of fact, conclusions of law and recommendation and referred this proposal to the
Hearing Examiner, and
WHEREAS, the Hearing Examiner held a hearing on January 3, 1995 and adopted the staff
report and recommendations and recommends approval of the Shoreline Substantial Development
USWEST Shoreline Substantial Development Permit (SSDP07-20-94-2)
Permit with conditions, and
WHEREAS, the City Council of the City of Bainbridge Island, Washington, has
determined it to be in the public interest to adopt the Findings of Fact, Conclusions of Law and
Recommendation of the Bainbridge Island Hearing Examiner dated January 6, 1995 at its regular
Council meeting of January 19, 1995,
NOW, THEREFORE, be it resolved by the Council of the City of Bainbridge Island,
Washington, as follows:
Section 1. The SSDP application SSDP 07-20-94-2 to the City of Bainbridge Island
for the placement of a fiber optic cable across Puget Sound to Blakely Harbor; across Eagle
Harbor; and across Port Orchard Bay is approved accordingly.
Section 2. The Findings of Fact and Conclusions of Law and Recommendation of the
Hearing Examiner, attached as Exhibit 2 is hereby adopted by the City Council.
ATTEST/AUTHENTICATED:
City~'Cler~ j
FILED WITH THE CITY CLERK: January 10,
PASSED BY THE CITY COUNCIL: January 19,
RESOLUTION NO. 95-06
1995
1995
Janet K. West, Mayor
USWEST Shoreline Substantial Development Permit (SSDP07-20-94-2)
[X] Substantial Development Permit
[ ] Conditional Use
[ ] Variance
SHORELINE MANAGE1VIENT ACT OF 1971
PERMIT FOR SHORELINE MANAGE1VIENT SUBSTANTIAL
DEVELOPMENT, CONDITIONAL USE,
OR VARIANCE
Application No. SSDP07-20-94-2
Administering Agency City of Bainbrid~re Island
Date Received
Approved x Denied
Date of Issuance
Date of Expiration
Pursuant to RCW 90.58, a permit is hereby granted/denied to
U.S. West Communications
(Name of Applicant)
(Address)
to undertake the following development to lay a fiber optic cable from Alki Point to Blakelv Harbor. across
Eagle Harbor, and across Port Orchard Bay from Crystal Springs to Illahee.
upon the following property Blakely Harbor, Sections 02 and 01, Township 24N, Range 2E, W.M.. Eagle
Harbor, Sections 34 and 27, Township 25N, Range 2E, Port Orchard Bay Section 05, Township 24, Range 2E.
(Section, Township, Range}
WithinBlakelv Harbor. Puget Sound, Eagle Harbor, and Port Orchard Bay and/or its associated wetlands.
(Name of Water Area)
The project will be within shorelines of statewide significance (RCW 90.03.350)
(be/not be)
The project will be located within a Rural designation.
(Environment)
The following master program provisions are applicable to this development Kitsap County Shoreline Master
Program and the City of Bainbridge Island Shoreline Master Program codi~ed in Chapter 16.12 of the
Bainbridge Island Municipal Code, Section 16.12. 940.
(State the Master Program Sections or Page Numbers): If a conditional use or variance, also identify the
portion of the master program which provides that the proposed use may be a conditional use, or that portion of
the master program being varied.
Development pursuant to this permit shall be undertaken pursuant to the following terms and conditions:
1. The Hydraulic Project Approval shall be obtained from the Department of Fisheries.
2. All conditions of the Hydraulic Project Approval shall be complied with.
3. All Army Corps of Engineer's permit and conditions of approval shall be comolied with.
4. All the conditions of the Mitigated Determination of Non-significance of November 9, 1994 issued under the
State Environmental Policy Act shall be complied with.
This permit is granted pursuant to the Shoreline Management Act of 1971 and nothing in this permit
shall excuse the applicant from compliance with any other federal, state or local statutes, ordinances or
regulations applicable to this project, but not inconsistent with the Shoreline Management Act (Chapter 90.58
RCW).
This permit may be rescinded pursuant to RCW 90.68.140(8) in the event the permittee fails to comply
with the terms of conditions hereof.
CONSTRUCTION PURSUANT TO THIS PERMIT WILL NOT BEGIN OR IS NOT
AUTHORIZED UNTIL THIRTY DAYS FROM THE DATE OF FILING AS DEFINED IN
RCW 90.58.140(6) WAC 173-14-090, OR UNTIL ALL REVIEW PROCEEDINGS INITIATED WITHIN
THIRTY DAYS FROM THE DATE OF SUCH FILING HAVE TERMINATED; EXCEPT AS
PROVIDED IN RCW 90.58.140(5)(A)(B)(C).
L
(Signature of Authorized Local Govern~nent) ~
THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A CONDITIONAL
USE OR VARIANCE PERMIT.
Date received by the Department
Approved Denied
This conditional use/variance permit is approved/denied by the Department pursuant to
chapter 90.58 RCW.
Development shall be undertaken pursuant to the following additional terms and conditions:
(date) (Signature of Authorized Department Official)