RES 2000-05 EPA'S DRAFT MITIGATION PLAN FOR EAGLE HARBOR/WYCKOFF SUPERFUND SITERESOLUTION NO. 2000 - 05
A RESOLUTION of the City of Bainbridge Island,
Washington, relating to the Environmental Protections
Agency's draft mitigation plan for the Eagle
Harbor/Wyckoff Superfund Site.
WHEREAS, in December 1997, the City of Bainbridge Island provided the
Environmental Protection Agency with Resolution 97-35, stating the likely future land
use designations for the Wyckoff Superfund site, so that EPA could consider future land
use as part of the EPA Record of Decision for the Eagle Harbor/Wyckoff Superfund Site;
WHEREAS, in February 2000, the Environmental Protection Agency adopted a
Record of Decision for the Eagle Harbor/Wyckoff Superfund Site;
WHEREAS, the Environmental Protection Agency has determined that habitat
mitigation will be required as part of the cleanup of the Wyckoff Superfund Site because
construction of a proposed sheet pile wall will result in loss of aquatic habitat, according
to the adopted Record of Decision (Part 1, Declaration, page 17);
WHEREAS, the Environmental Protection Agency will continue to coordinate
closely with the City of Bainbridge Island to develop an acceptable mitigation plan for the
sheet pile wall, and to address future land use and resource issues in accordance with the
adopted Record of Decision for the Eagle Harbor/Wyckoff Superfund Site;
WHEREAS, the City of Bainbridge Island is processing a Comprehensive
Plan amendment to implement the likely future land use designations as described in,
Resolution 97-35 and those uses would likely be prevented from developing by the
Environmental Protection Agency's proposed Mitigation Plan for Aquatic Habitat Loss;
WHEREAS, the City of Bainbridge Island has been requested by the
Environmental Protection Agency to provide comment on a draft Mitigation Plan for
Aquatic Habitat Loss for the Eagle Harbor/Wyckoff Superfund Site; now therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DOES RESOLVE AS FOLLOWS:
Section 1. The City of Bainbridge Island agrees that habitat mitigation is needed to
offset any adverse impacts'to the aquatic environment resulting from cleanup of the
Wyckoff Superfund Site including the construction and placement of the sheet -pile wall
within the inner -tidal area.
Section 2. Although the City supports habitat mitigation, development of the
proposed mitigation plan would result in conflicts with the future land use of the
property. The City objects to the location of the habitat mitigation occurring along the
western portion of the Wyckoff Superfund Site for several reasons.
The draft mitigation plan will likely prevent future development of water -dependent uses
along this shoreline because the plan proposes to fill or re -contour the near -shore deep-
water areas, hampering future vessel access to the shoreline. Near -shore deep -water is
vital for many types of marine -related commercial uses. The Wyckoff property is
currently zoned for Water -Dependent Industrial uses (WD -I), including boat haul -out
facilities, boat building and dry storage. The City is proposing to change the land use
designation for the Wyckoff property, but these plans include continuing the water -
dependent commercial use designation along the shoreline of the western portion of the
property, exactly where habitat mitigation is now being proposed. If future development
is prevented from obtaining access to the deeper water, water -dependent uses will not
likely develop on the Wyckoff property. This will in effect severely limit the use of the
property as it is currently zoned and proposed for future land use.
According to the proposed mitigation plan, a new more "natural beach/shoreline" will be
created in the western portion of the Wyckoff property along a shoreline designated as
"Urban" in the City of Bainbridge Island Shoreline Management Master Program
(SMMP). The Shoreline Master Program identifies the Urban Shoreline Environment as
an area of high intensity land use including residential, commercial and industrial
development, intended to ensure optimum utilization of shorelines within urbanized
areas. Development in the Urban Shoreline is intended to maintain shorelines for a
variety of urban uses, with priority given to water- dependent, water -related, and water -
enjoyment uses. (SMMP, page 47.)
Although the existing Wyckoff shoreline has been modified by humans for at least 100
years, and is located within one of the oldest working harbors in the Puget Sound, future
construction permits to gain water access for high priority water -dependent uses may, be
denied based on resulting impacts to the shoreline habitat created through the mitigation
plan.
The draft mitigation plan proposes shoreline cut areas that would destroy the road
connecting the western end of the property to Taylor Road and eliminate the ability of
providing two access points to the property, something the Fire Department has said is
crucial for future commercial and residential development of the Wyckoff property.
F)
Section 3. The City proposes that the EPA modify the mitigation plan as follows:
Reduce the area of shoreline cut to exclude the small point at the western end of the
property (section 3 and 4 of the proposed mitigation plan); Enhance the existing surf
smelt spawning habitat located at the most western end of the shoreline and enhance the
inner -tidal area surrounding the sheet -pile wall; and relocate any additional mitigation to
other shoreline areas within or near Eagle Harbor, including the eastern shoreline of the
Wyckoff property and any adjacent shorelines.
The City will not consider the mitigation plan acceptable or in compliance with the
adopted ROD, unless the property's connection to Taylor Road remains viable and
written assurance can be provided that implementation of the habitat mitigation plan will
not restrict water access for future water -dependent uses.
PASSED BY THE CITY COUNCIL this 22 day of March '2000.
APPROVED BY THE OR this 27 day of March , 2000.
SL
D "gh utton, Mayor
AT ST/AUT NTI ATE:
usan Kasper, City Clerk
FILED WITH THE CITY CLERK: March 2, 2000
PASSED BY THE CITY COUNCIL: March 22, 2000
RESOLUTION No.: 2000-05