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RES 96-14 200 FT LINEAR MOORAGE SYSTEM PROJECT PERMIT ADOPTIONRESOLUTION NO. 96-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, ADOPTING A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR A 200 FOOT LINEAR MOORAGE SYSTEM PROJECT (SSDP 06-13-95-1). WHEREAS, an application has been submitted to the City of Bainbridge Island, Washington by The City of Bainbridge Island .for a Shoreline Substantial Development permit SSDP 06-13-95-1 for a 200 foot linear moorage system on the north shore of Eagle Harbor, 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 commercial moorage; (2) The moorage system is permitted by the general regulations; (3) The use is permitted in the Urban 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 SMP, and WHEREAS, the City of Bainbridge Island Planning Commission determined the permit was minor in nature, of relatively small scale and generated no significant public controversy, and WHEREAS, the City of Bainbridge Island Planning Commission adopted the staff report as its findings of fact, conclusions of law and drafted a resolution of recommendation and referred this proposal to the City Council, 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 Planning Commission at its regular Council meeting COBI Shoreline Substantial Development Permit (SSDP 06-13-95-1) of February 8, 1996, NOW, THEREFORE, be it resolved by the Council of the City of Bainbridge Island, Washington, as follows: Section 1. The SSDP application SSDP 06-13-95-1 to the City of Bainbridge Island for the construction of a 200 foot linear moorage system in Eagle Harbor is approved accordingly. Section 2. The Findings of Fact and Conclusions of Law and Recommendation, attached as Exhibit A is hereby adopted by the City Council. - r Janet K. West, Mayor ATTEST/AUTHENTICATED: ID /�:4� Sue Kasper, City Clerk FILED WITH THE CITY CLERK: March 15, 1996 PASSED BY THE CITY COUNCIL: March 21, 1996 RESOLUTION NO. 96-14 COBI Shoreline Substantial Development Permit (SSDP 06-13-95-1) SHORELINE MANAGEMENT ACT OF 1971 PERMIT FOR SHORELINE MANAGEMENT SUBSTANTIAL DEVELOPMENT, CONDITIONAL USE, OR VARIANCE [X] Substantial Development Permit [ ] Conditional Use [ ] Variance Application No. SSDP 06-13-95-1 Administering Agency City of Bainbridge Island Date Received Approved x Denied Date of Issuance Date of Expiration Pursuant to RCW 90.58, a permit is hereby granted/denied to City of Bainbridge Island (Name of Applicant) 625 Winslow Way East (Address) to undertake the following development to construct a 200 foot linear moorage system in Eagle Harbor. upon the following property directly south of Madison Avenue in Eagle Harbor, Section 26, Township 25N, Range 2E, W.M. (Section, Township, Range) Within Eagle Harbor, Puget Sound 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 Urban designation. (Environment) The following master program provisions are applicable to this development City of Winslow Shoreline Master Program codified 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. A lease shall be obtained from the Washington State Department of Natural Resources for the Aquatic Lands 4. All conditions of the Hydraulic Proiect Application from the Washington State Department of Fish and Wildlife must be met. 5. A Coastal Zone Consistency determination shall be obtained from the Washington State Department of Ecology to the allow the moorage system to be permanent. 6. All Conditions of the Army Corps of Engineers Permit# 95-1-00911 shall be met Army Corps of Engineers Permit Conditions. 7. You must provide a copy of the letter of permission and drawings to all contractors performing any of the authorized work. 8. The permittee shall maintain the permitted structure in a safe manner at all times Failed lights on the structure must be replaced immediately. 9. You must maintain the activity authorized by this permit in good condition and in accordance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification to this permit form this office, which may require restoration of the area. 10. If you discover any previously unknown historic or archaeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and state coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places. 11. If conditioned Water Quality Certification or Coastal Zone Management consistency concurrence are issued for your project, you must comply with the conditions specified in the certification and/or consistency determination as special conditions to this permit. 12. You must allow representatives from this office to inspect the authorized activity at any time deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. 13. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization. Other Conditions 14. Signs will be posted on the moorage system which indicate where the pump facilities are and regulations related to sewage handling and disposal. 15. All vessels using the moorage system will be required to have marine sanitation devices approved by the Coast Guard (Bremerton-Kitsap County Health District Requirement) 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). ate)' (Signature of Authorized Local Government) THIS SECTION FOR DEPARTMENT OF ECOLOGY USE ONLY IN REGARD TO A CONDITIONAL USE OR VARIANCE PERMIT. Date received by the Approved 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)