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RES 96-47 EXEMPTION OF SSDP FOR CREATION OF WETLAND BY WSDOTRESOLUTION NO. 96-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, GRANTING AN EXEMPTION FROM A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR CREATION OF AN ESTUARINE WETLAND BY WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (SSDP 03-08-95-1 AND GRADING PERMIT #3723). WHEREAS, the Washington State Department of Transportation has applied for a grading permit to construct a two acre estuary, known as the Schel-Chelb Estuary ("project") on the north shore of Rich Passage just west of Lynwood Center on Bainbridge Island and has requested an exemption from shoreline substantial development permit requirements for the project pursuant to RCW 90.58.147; and WHEREAS, RCW 90.50.147 provides as follows: a public or private project that is designed to improve fish or wildlife habitats or fish passage shall be exempt from the substantial development permit requirements of this chapter (RCW 90.58, Shoreline Management Act of 1971) when all of the following apply: (1) The project has been approved by the Department of Fish and Wildlife; (2) The project has received hydraulic project approval by the Department of Fish and Wildlife pursuant to Chapter 75.20 RCW; and (3) The local government has determined that the project is substantially consistent with the Shoreline Master Program; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, AS FOLLOWS: Section 1. Pursuant to RCW 90.58.147, the City Council finds that: 1. The project has been approved by the Washington Department of Fish and Wildlife; 2. The project has received hydraulic project approval by the Washington Department of Fish and Wildlife pursuant to RCW 75.20; and 3. The project is substantially consistent with the Kitsap County Shoreline Management Master Program, (1) The permit is consistent with the criteria for Archaeological Areas, Historic Sites, and Scientific Research Sites under the Kitsap County Shoreline Management Master Program; (2) The project is permitted by the general regulations; (3) The use is permitted in the Semi -rural environment; and (4) The Shoreline Substantial Development Permit will not cause an accessory use of activity inconsistent with the goals, policies and regulations in the Shoreline Master Program. Section 2. The project (SSDP 03-08-95-1) is granted an exemption from the shoreline substantial development permit requirements of RCW Chapter 90.58 and the City's Municipal Code pursuant to RCW 90.58.147. PASSED by the City Council this 21st day of November, 1996. APPROVED by the Mayor this 25th day of November, 1996. kfalall - M_000� ATTEST/AUTHENTICATE: ry ^ e SUSAN P. KASPER, City Clerk FILED WITH THE CITY CLERK: November 15, 1996 PASSED BY THE CITY COUNCIL: November 21, 1996 RESOLUTION NO. 96-47