HUSSEY, JEFFREY S..~ :-,ERK
CITY OF BAINBRm~E
APPLICATION FOR SHORELINE ) SSD~11258
SUBSTAt~I~ DEVELOPMENT/ ) FINDINGS OF FACT
CONDrrlONAL USE PERMIT ) CONCLUSIONS OF LAW
APPLICANT' JE~Y S. HUSSEY ) AND DECISION
)
FINDINGS OF FACT
1. Jeffrey S. Hussey is the legal owner of property located at 13 $50 Sunrise Drive NE,
Bainbridge Island, Washington. This property is identified by Tax Lot No. 022502-4-003-2002.
The property is l~ally described on Attachment A to this Decision.
2. Mr. Hussey, through his representative Wendell Stroud of Marine Floats, has filed an
app~on for a Shoreline Substantial Development/Conditional Use Permit to build a 170-foot
marine railway as a recreational boat launch at his single-family residence. The' marine railway
will be built across Puget Sound tidelands owned by Mr. Hussey. The marine railway will not
extend onto public land.
3. The Hussey property is zoned R-2 and has a Comprehensive Plan designation of OSR-2.
This marine railway will be built on the shoreline which is designated as Semi-Rural. The upland
property has boen devel~ with a single-family residence. The shoreline parcel measures. 82
acres in size. This parcel is surrounded on the north, south and west by other lots which have
been developed with single-family residences. Puget Sound borders the tidelands on the east.
4. This marine railway was designed by Marine Floats of Tacoma, Washington. The design
submitted with the original applicon proposed a 220-foot marine railway, however, that length
has now been reduced to 170-feet. [See EXHIBITS 27 and 28.]
5. A SEPA Mitigated Determination ofNonsignificance (MDNS) was issued by the City of
Bainbridge Island on February 13, 2002. No appeals of the SEPA MDNS were filed.
6. A Hydraulic Project Approval (HPA~) permit was issued by the State of Washington on
February 24, 2002. [See'EXHIBIT 42.]
7. The Hussey property is a low bank shoreline property with a mixed sand and cobble
beach. The tidelands extend 172-feet from the Ordinary High Water Mark (OHWM). One
hundred and ten feet of.the railway will be built below the Mean Higher High Water Line
ssI~l ~255 Hearing Examiner
~ S. Huss~ Page - 1- City of Bainbridge Isled
(Mb~-iWL) on the shordine [EXHIBIT 2#].
8. The marine railway has been designed as an appurtenance to a single-family residence.
The railway will be locat~ to the north of the residence near a concrete and wood bulkhead. The
tideland elevation change from ~ to east is very gradual. T~ ~~railway will be built on
hand dug concrete supports whic~ will elevate thc railway above the tgade of the bea~. The
railway will maintain an elevation of at least 6-inches above the natural bench grade and will be no
higher than 18-inches above the beach grade at any location along the railway. A boat cradle will
transport small recreational boats from the uplands to the tidelands. The railway is designed to
accommodate only one boat at a time. The railway is designed to carry no more than 2,600 lbs.
This marine railway will be for the exclusive use of the property owner and will not be used by the
public. Vehicular access to the site is from Sunrise Drive on a private easement road. There is no
public access to the shoreline at this location. The Hussey property is located approximately one
mile south of Fay Bainbridge State Park..
9. This marine railway will be locked on a bea~ which has been identified as a marine
accretion shoreform. Beach grade on the upper portion of the tidelands will change from season
to season. The property owner will be required to monitor the beach elev~ion under the marine
r~ilway and make adjustments to the railway so that the railway is no closer than 6-inches to the
higb~ beach grade and no higher than 18-inc~ ~ove the lowest beach grade in any season.
The SEPA conditions require that this be~¢h monitoring be performed quarterly with a yearly
report provided to the City in January of each year for three years following construction of the
marine railway.
10. There will.be no ¢lmnBe in the grade of the beach as a result of the installation of this
marine rainy.. The grade is to be maintained at its pre-construction grade. The monitoring plan
will require the estnbli~nt of a baseline beach elevation prior to beginning construction.
11. A portion of this marine railway will be built within the native vegetation zone identified
on the Hussey property. This property has been developed for many years. ~dscaping and
other rosidential activities have significantly altered the native vegetation zone. This degraded ·
shoreline vegetation mu~t be restored to provide native I~itat ~d ~'th~c~ water qu~ty. The
native vegetation zone will be restored and enhanced by the property owner as a part of this
marine railway project.
12. The landscaping plan for the native vegetation zone will include vegetation planted in and
around the marine railway to help screen the railway from view. Minimal trimming of this
vegetation will be allowed to avoid vegetation encroachment which might interfere with the
operation'of the m~rine railway.
13. The Shordi~ Master Program includes marir~ railways as boating fa~ities which are
allowed in the Sen~-~ Sl'mreline Environment with a Conditional Use Permit. The Shoreline
S~ 12,58 Hearing Examiner
~ s. H~ Page -2- City of Bainbridge l~d
M~ PmtFam roq~ tl~ bo~ting ~'ties bo lo,md, designed ~ opemofl to provide
maximum feasible protection and enhancement of all forms of aquatic, littoral or terrestrial life.
Boating facilities must be designed to minimize adverse effects upon beneficial shoreline features
ami pr~ induing erosion, littoral and riparian transport and accretion shor~o~. This
amine railway will be built away from a Clas~ IV stream and outside its buffer area. The marine
r~way is designed as an elevated system to diminish its effect, on the littoral transport and
accretion of the shoreline.
The Hussey property is located north of Skiff Point. A large drift cell extends from
Rolling Bay on the south to Fay Bainbridge State Park on the north. The shoreline drift is to the
north. The property owner has agreed to remove 35-feet of the existing concrete/timber groin
bulkhead on the north side of the property and restore the beach in that area to existing beach
grade prior to erecting the marine railway. The littoral drift of sediment along the beach will be
monitored. If the beach grade changes and/or the railway is blocking sediment transfer, then the
railway must be altered by adding or removing risers, or, if necessary, removed completely from
the shoreline.
14. No boathouse or other accessory buildings will be built upland of this marine railway as a
part of the marine railway system. Access to the railway will be from a graveled area upland of
the railway.
15. This marine railway system will pass tl-ax~ugh the native vegetation zone designated on the
property. A landscaping plan has been submitted by the applicant listing shoreline vegetation
which will be planted to enhance the native vegetation zone. That shoreline vegetation list has
been approved by the Department of Planning and Community Development (D~D) [EXHIBIT
52]. Planting and restoration of the native vegetation zone will be required as a condition of
approval of this Shoreline Conditional Use Permit.
16. TI~~ mari_~ railway was design~ to have a rr&fimal enviroranemal impact upon the
shoreline. A marine railway is an open structure which will not block light to the underlying
tidelm~. The railway hm been elevated above the tidelands to minimize its effect on the
movement of sediment on the shoreline. The steel used for the rails is grey in color and will
blend with the color of the sand and cobble on the beach. The railway has been designed at a
maximum height of approximately l-foot above the beach. The boat cradle will be stored on the
upland portion of the system and will only be on the railway during its use as a boat launch
facility. The design of the railway and the material chosen for its construction will reduce its
visual impact on the shoreline and will make it aesthetically compatible with other uses along the
shoreli~. The marine railway will not unreasonably impact shoreline views from adjacent
shordine properties. No additional shoreline stabilization measures will be required for this
project. The railway is to be located on the north side of the property, outside of the buffers to
the Class IV stream. The railway is designed to allow the sediments that the stream carries to the
shoreline to continue in their natural dri~ pattern down the beach. Two existing groins on the
_.
SSDP1125S Heating Exar-~er
Je~,y S. Hu~ Page -3- City of Bainbrkige Island
prol~~ disrupt the natural drift of the shoreline. A partial removal of each of these features is
req~~ as a condition of the MDNS.
17. The properVj owner is been required to submit a railway maintenance agr~mt to the
City for approval. This maintenance agreement will en~ure that the marine railway is maintained
in a safe condition and will not adversely impact the near shore littoral drift c~l on this property.
The agreement will include a provision that the marine railway be removed from the tidelands if it
ceases to be used or maintained by the property owner.
18. There is no granted public access to the tidelands, however, beach pedestrians do
occasionally cross these tidelands at low tide. The height of the railway will not create an
insurmountable barrier to access across the tidelands and will not be a barrier to wildlife using the
tideland area.
19. There will be some unavoidable impacts to the benthic habitat on these tidelands. This
marine railway will be supported by concrete posts dug into the beach. This will eliminate some
benthic habitat. Mitigation for the loss of that habitat has been required as a condition of the
SEPA MDNS.
20. Planner Joshua Machen testified he sought advice of Hugh Shipman, a Shoreline Geologist
with the Department of Ecology and Peter Best, a DPCD staff member, to assist in his evaluation
of potential environment~ impacts from this proposed marine railway installation. ~In addition,
Randi L. Thurston, an Area Habitat Biologist for the Department of Ecology, submitted
comments on the application. She concluded that the length and elevation of the railway tracks is
sufficient to minimize potential adverse impacts to the physical beach environment. [See
K,EHIBITS 18 ami 24.]
21. On March 21, 2002 a public hearing was held before the Hearing Examiner to consider the
application. Prior to the hearing, notice was published in the Bainbridge Review on March 2,
notice of the public hearing was mailed to the owners of property within 300-feet of the proposed
project, and notices were posted at the City Hall, the Chamber ~of Commerce, and the Ferry
Terminal on February 28, 2002; notice was posted at the subject property on March 5, 2002.
{EX T 9. ]
CONCLUSIONS OF LAW
1. A marine railway on.the Puget Sound shoret~ is a use that is allowed as an appurtenance
to a ~inglo-fim~y r~idenc~ in the Semi-Rur~ ~oreli~ ~vironment provide~l th~ ~pplication can
S~I~I 1258 Hearing-Examiner
J~fr~ S. Hmzey Page -4- City of Bainbridge I~land
meet't~ dec~sion criteria for a Shoreline Conditional Use Permit in BIMC 16.12.380(C). The
aeating Examiaer's jurisdiction over Shoreline Conditional Use Permit applications is established
by BIMC 16.12.380(cx4). Adequate legal notice was given of the public hearing conducted by
the Heating Examiner.
2. The Hussey property has been developed as a single-family use. The Iow bank shoreline
makes the property particularly suitable for a marine railway as an accesmry use for the property.
This portion of the shoreline has been identified as a marine accretion shoreform. BIMC
16.12.190 allows boat launches on marine accretion shoreforms provided necessary grading is not
harmful to affected resources and any accessory facilities are located out of the floodway. This
marine railway will be hand installed. The beach grade will remain the same at~ installation of
the railway. The beach grade will be monitored quarterly for three years after installation of the
railway to ensure that littoral drift along the shoreline is not affected. B IMC 16.12.190 requires
that a marine railway for boat launching be located on existing grade and not obstruct access or
littoral drift to and along the shoreline. This marine railway has been designed as an elevated
railway to minimize impacts on littoral drift along the shoreline. The rail tracks are supported by
cement footings which consist of a 10-inch PVC pipe filled with concrete and 1/2-inch rebar. The
railway footings will be spaced every 10-feet along the length of the railway to support the 4-inch
railway track. This design will minimize the displacement of benthic habitat resulting from the
placement of the marine railway on the tidelands. Mitigation for the loss of benthic habitat has
been required under the SEPA MDNS. No accessory buildings will be built on the upland end of
the marine railway. Boats will be launched via a boat cradle which will be stored at the upland
end of the marine railway, except when being used to launch a boat across the tidelands. This
marine railway will not obstruct access to the tidelands. This railway system has been designed to
stand approximately 12-inches above the existing beach grade [EXHIBIT 4]. The railway will not
create a barrier to pedestrian access. It can easily stepped over by persons using the shoreline.
3. The upland slope within 25-feet of the OHWM on this property does not exceed 25% and
installation of this marine railway does not require substantial cutting, grading, filling or defense
works on the shoreline. This design therefore meets with the requirements of BIMC
16.12.190(D).
4. BIMC 16.12.190(A) states that.boat launches may be allowed only on or along low
energy drffi sectors. According to the DPCD staff report, this portion of the shoreline is a part of
a long drit~ sector that extends from Rolling Bay up to Fay Bainbridge State Park and thc
Sand~pit. Neither the Shoreline Master Progrmn, nor th~ Bainbridge Island Comprehensive Plan
have identified drift sectors in terms of high, medium or low energy. This marine railway is a type
of boat launch, however, it is specifically designed not to interfere with the drift sector.
·
SSDPI 1258 Hearing Examiner
Jeffr~ S. Hmsey Page -5- City of Bainbridge.Island
5. BIMC 16.12.180 (B~ 1Xa) allows boating facilities in the Semi-Rural shoreline
· nvironment as a conditional use. The proposed marine railway is a boating facility under the
BIMC definition. A boating facility is a normal appurtenance to the permitted single-family
residential use of the upland. The railway is proposed as a conditional use in the aquatic
environment in accordance with BIMC 16.12.180(B)(1)(c). Permits from the Washington State
Department ofFish and Wildlife (WSDFW) and the US Army Corps of Engineers will be required
prior to construction of the railway.
6. Environmental impacts from the project have been considered in the SEPA review
process. As conditioned, the construction of the marine railway on this tideland will meet the
environmental impact requirements of BIMC 16.12.070 and BIMC 16.12.080. The marine
railway is being located on the north side of the property, a significant distance away from a Class
IV stream and outside of the streaun buffer set aside on the property to protect the stream. No
further degradation of the native vegetation zone on this shoreline will result from this project.
The property owner and the previous property owner have used the area directly shoreward of the
proposed marine railway to hand launch small watercraft. This same location will be used for the
marine railway. The native vegetation zone across the property will be enhanced with additional
native vegetation.
7. This marine railway project must comply with all the decision criteria of BIMC
16.12.380(C)(1) to qualify for a Shoreline Conditional Use Permit.
8. B~ 16.12.380(C)(1)(a) The proposed use will be consistent with the policies of RCW
90.58. 020 or its successor ami the policies of the master program.
A review of the Shoreline Master Program ' Policies is to be found in the DPCD Staff
Report. An application of those policies to this proposed marine railway project is included on
the Findings of Fact. A review of the heating record, including the design plans submitted by
Marine Floats, demonstrates that this marine railway project, as conditioned under the SEPA
MDNS and with additional conditions of approval to mitigate environmental impacts, will be
consistent with the policies of the Shoreline Master Program. The Shoreline Master Program
does allow marine railways for boat launching in the Semi-Rural shoreline environment under
certain conditions. This proposed use is consistent with the policies of RCW 90.58.020.
9. BIMC 16.12.380.(cXIXb) The proposed use will not interfere with the normal public use
of the publ#c shoreline.
This marine railway has been designed at a length which does not extend onto public
tidelands. The original proposal was for a railway 220-feet in length. Those plans were revised to
shorten the railway length to 170-feet so that the entire system would be located on private
property. 'The public's access, over the waters of the State will not be affected by the installation
SSI~11258 Hearing Examiner
Jdfr~ S. Hu~sey Page -6- City of Bainbridge Island
of a marine railway on tie Hussey property. There is no public pedestrian easement across the
Hussey tidelands. Pedestrians crossing this ~h could easily step over the rail feature since it
will be installed at approximately 12-inches above existing beach grade,
·
10. BIMC 16.12.380.(C)(1Xc) Theproposeduse of the site and design of theprojectwill be
com~tible with other permitted uses within the area.
The marine railway is designed to serve the existing single-family residence on this lot.
Other lots along the shoreline in this area have been developed for single-family residential use.
Access to the shoreline by beach stairway is common in this area and the use of shoreline for
boats and other shoreline activities is common. The proposed use of this site for a marine railway
for small boat launching is compatible with other permitted uses in the area. The design of the
railway to accommodate Only small boats, weighing no more than 2,600 lbs, is compatible with
other shoreline activities enjoyed by shoreline owners in this vicinity.
11. BIMC 16.12.350.(cx l)(d) The proposed use wdl cause no unreasonably adverse effects
to the shoreline environment designation in which it is locate&
An extensive environmental review was conducted by the DPCD during the SEPA review
process. Thirteen mitigation measures have been added as conditions to the SEPA approval to
mitigate identified probable environmental impacts from this project. No significant adverse
environmental impacts have been identified from this proposal which cannot be adequately
mitigated by conditions attached to the project. Location and design of the project help minimize
its visual impact on the shoreline. A monitoring system will be required of the owner with annual
repons to the City to evaluate the changing conditions on the shoreline after installation of the
marine railway. If significant adverse environmental impacts are idemified in that monitoring
process which cannot be mitigated, then SEPA Condition 1.a. requires that the railway, be
completely removed from the shoreline.
12. BIMC 16.12.380.(C)(1)(e) The public interest suffers no substantial detrimental effect.
(WA C 173-14-140(1) or its successor.)
The public interest will suffer no substantial detrimental effect from the placement of a
marine railway on privately owned Puget Sound tidelands. The public will continue to have
a~ over the waters of the state and pedestrian access will not be impaired by this structure.
Visual access of the shoreline will be altered by the placement of the railway across the sand and
cobble beach. There are no publicly owned properties in the near vicinity. This shoreline can be
viewed from upland properties along the shoreline; that visual access will remain and will be
minimally affected by the low level profile of the marine railway.
13. BIMC 16.12.3 80. (cx 1XO The proposed use is consistent with the provisions of the
zoning o/dimmce (BIMC Title 18) and the Comprehensive Plan (Ordinance No. 94-21).
SSDP11258 Hearing Examiner
~ S. H~ Page -7- City of B~nbridge Island
This marit~ ~ i~ to b~ umM as a pert of a sbtglo-f'cdnily reside~ial u~. SinsJe-family
residential uses are specifie~__Hy per/nJtt~ in ~ R-2 zone. Acr.,e~ory uses are also permitted in
the R-2 zone (See BIMC 18.$0). Mar~ railways are permitted under the Shoreline Master
Program. Comprehensive Plan policies and goals for properties adjoining or adjacent to critical
a.reas emphasize the need to minimize impacts on critical areas and compensate for unavoidable
impacts by replacing, enhancing or providing substitute resources or environments. This marine
r~way is designed to ninimize impacts on the shoreline environment. Mitig~on measures
required under the SEPA MDNS require a partial removal of two existing groin.features on this
beach. This removal will be beneficial to the shoreline environmental and will help restore benthic
habitat on the shore~e. In addition, the property owner will be required to restore and enhance
the presently d0graded native vegetation zone on this shoreline lot. This will help compensate for
the unavoidable impact of building a marine railway in the native vegetation zone. A rr~tenance
agreement will be required of the property owner to assure that the railway system will be
maintained in a safe condition. The maintenance agreement will also contain provisions for the
removal of the marine railway under certain conditions. This project will be reviewed by both the
WSDFW and the US Army Corps of Engineers for evaluation of other possible impacts to this
critical area environment. No impacts to wildlife habitat'are expected from this project. The
proposed use of this portion of the shoreline for a marine railway is consistent with the provisions
of the Zoning Ordinance and the Comprehensive Plan.
14. TI'~ SEPA determination isled by the Director of DPCD was issuod on February 13,
2002 and was not appealed. The SEPA determination is now final.
15. In order to coml~ with the decision criteria for a Shoreline Conditional Use Permit, the
following cond'~ions must be attached to this project approval:
SEPA Conditions
1.a. In order to prevent dbruption of the littoral dr~ of sediment along the beach,
the rah fid be dev~ed m ~ 6 inches ~bove the highest berth p'sde and in no
ca hi~ber than Ia Jncb~ above the lowest be~ch grmle. In any case if' the beach
grmJe clmqes md the fairway is bl0cki sediment trtmfer, the rftiiwty shall be
fflt~ by sddia~ or removing risers oe shs# be removed completdy.
b. Beach monitoring shall be performed ~ery quarter, specif'Kally at the beginning
of September, December, March ami June~ with dated photo documentation of the
beach levds. A yearly report shall be provided to the City by January I Sth each
year for three years 'following the construction of the marine rail.
.
~ s. ~umey ~Page -$- City of Bainbridge.~d
c. A maiutenfmce agr-cenw~nt shall be prepared for City approval prior to the
* fi
eroctioa of the luriae fldlw ~. The ~~~b~nce agreemmt shH.contain language
that insures that the ra~ay wil ~ ~ned in a safe condition, and S/Ldl not
adversely impact the near shore littoral drift cell. The agreement shall abo state that
if the use of the railway ceases it shall be removed from the tiddands and disposed
of in an upland site.
d. In order to mitigate the impact of additional structure over the tidelands and
diaturbil~ be~thit Imbitat, the seven ~ waterward bouldefl of the existing rock
groin dull be r~moved to an upland location prior to the erection of the marine railway.
e. In order to mitigate the impact on pedestrian access along the beaCh and remove
barriefl to f'uh mi~ra~n along the ,hordint, 35 feet of the exiating concret~timber
groin/bulkhead shall be removed, brinaing it back to the existing beach grade prior
to the er. trion of th niarint railway.
f. To proffer water quality, wet concmt ;hall be prevented from entering the waters
of the state- Impervious materials shall be placed over any exposed concrete.
Impervious materials shaH remain in place until the concmt is cured.
g. Project activ~ ahail not o~ur wh~ t_he project artt, intludiq the work
corridor, is inundated by tidal water~
h. Uae of e~pipnumt on ~ ~h ~umid be hem to a minimum, ~ shaft only be
us, d to r~nov, h ~.~ whlth are part of the groin and the
bulkhead/groin feature. The insah~n of the marine railway shall be completed by
hand as descr;~ in the application.
L ~ tart ~ I~ ~ to.p~t pttroltnm prod~ chtm~, or other
to~ or drift.elan, mt. flab h tn~ the water and dtgradin~ wate~ quality.
If a spill does occur, or if oil s~ or any diatressd or dying f'uh are obaerv~ in the
project vicinity, work shah cease immediately and Washington Department of
Ecology ~hall be notif, ed of such conditions. Contact: Northwest Regional Spill
Rt,ponn Section at (2~) ~4~-7000.
j. All equipment und in devehpmmlt of the pared that contains hazardom
materiah shall be maintained in a safe and leak proof condition. If there is evidence
of leakage, the further use of such equipment shah be suspended until the deficiency
has been satisfactorily corrected and any contamination is removed from site.
~1.~8 Htarin~. Examiner
J~ s. !t~ Pase -9- City oflt~finl~idg~ I~md
~k. Beach aren ~~-.~s crated ~n~ project activities ah, all be ~aped to pre-
project~~h level upon project ~~.
I. To p~t juvenile Chinook salmon residing in near-shore areas, work waterward
of the actual ordinary high water line shall not be permitted from March 1~ through
June 14.
m. la (wder to ~eut bss of siptifleant archaeological~~rces, the following
measures sltrJI be taken in the event pbeuomena of poss~ archaeok)giefd;interest is
uncover, d duri~ phcement of the st~irc~: ~il work will Stop imm~i~td~ ~nd
notiflcmlon s~ be promptly given to the City and State Office of Archaeology and
Hbt~ric ~rvation. In ~ueh a ca~, the appli~nt ,h~fll I~ r~lui~ to provide for a
~it~ in~l~gti~ ~d ev~~ti~ by ~ pl~f~o~ ~r¢lmeoi~i~t to ~~r~ that ~il
possible valuable archaeological data is properly salvaged. The applicant shall
receive l~miss~n from the State Office of Archaeology and Historic Preservation
pri~r to further d~t~~¢e of th~ ~it~ (R~ 27.fi3-070 or it~
NON-S~PA Co~mONS
2. A copy of d' pul d Jo ageacy aplWeVtb and approved drtwhp shd%;~ given to all
contractors performing work at the site,
3. The umrbe ~fiw-ry ~ ody be reed as.part of the ezbthl, shlb-hndy
devdopmeut. ~ railway sba be ~miued iu~a safe Cond~ for the exclusive
use of b owner.
4. The 50-~ foot native vegetation zone shah be enhanced with native shrubs and tFees
in aecord~ce ~e approved blndse~ping phn submitted with the building permit.
Restorfdiou of ~e vegetation shd be completed by the end of the first planting
season after ismmnce of the shordiue permit.
s. Wuhingtoa State Department of Fbh & Wildlife HydUulic Project Approval
and Army Corps of Engineers Permits are required prior to beginning any work on
this project. Copies of these tpprovtb and permits must also be submitted to the
City prior to beginning any work on the site.
~ovi 12~s' Hea6~ Examiner
~ s. Hm~y Page - 10- City of Bainblidge I~lmd
6. Work shall b~ completed in accordance with the approved site plan received
August 31, 2001, detail plan ~ November 27, 2001 and cross section drawings
received August 31, 2001. The length of the railway shall be no longer than l?0 feet.
7. A co~ of all public al~mcy approv~ and approv~ drawings shall be given to ali
contractors performing work at the site prior to beginning any clearing or
construct/on work.
8. All Hydraulic Project Approval conditions and any Army Corp of Engineers
Permit conditions shall become conditions of approval for this Shoreline Conditional
Use Permit.
;
9. The applicant shall notify the City at least 24 hours before work is to belin and
inform the City of the expected duration of the work on the project. ~
10. Constructioa pursuant to this permit shall not begin and is not authorized until
twenty-one days from the date of f'diag with the Department of Ecology as defined
in RCW 90.58.140(6) and WAC 173-27-130, or until all review proceedings initiated
within twenty-one days from the date of such f'ding have been terminated; except as
provided in RCW 90.SL140 (S)(a) and (b).
11. Construction activities on the site which involve heavy equipment shah be
limited to the houri of 7:00 a.m. to 6:00. p.m. Monday through Saturday, excluding
legal holidays. All construction debris shall be disposed of at an upland site.
~.112~ Hearing Examiner
J .~'e~ $. Htmsesy Page - 11- City of~e. bland
This application for a Shoreline Conditional Use Permit to construct a 170-foot marine
~lway on propert~ owned by Jeffr~ S. HUs~ at 13550 ~se ~ve NE, Bainbridge Island is
approved ~b~ to the comtitiom ~s~ed in Conclusion of Law 15 above.
Dated this 26th day of July, 2002
Hearing Ex~im~ ~ Tern
APICAL
This decision is ~.untess th~ ~ Ex~min~'s decisiOn is appealed to the City Council
in accordance with BIMC 2.16.140. After~a ftr~ deci~n is made by the City, the decision shall be
forwarded to the Washington State Department of Ecology for decision.
s~Pt t2~s Hearh~ E *~xmniner
~ s. Hueeey Page - 12- City of B~r,&rtdse' Island
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19 ~~ ~~ L~~ OF ~ET ~; ~~ ~ ~D
20 ~ L~ ~ 30.23'20-
31 5'33'20" ~T 186.50 F~T: ~~
22 ~~ 88*40'48' ~ 193.40 ~~-r ~
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24 ~ LY~~ ~y OF A L~ D~~IBED ~ PO~WS-
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26 ~ ~ ~ N~~~~~~Y ~I~
30 ~~~ ~ID ~ ~~ 60* ~T ~ ~ ~ LIMITS
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FROM 'MARINE FLOR~ FAX NO. '253-383-11~ .Tul. 25 21B02 12:21PM P2
07/ZI/ZOO'Z 11:13 FAX 3~0 3,17 4ft?4 KTIYI&P.CO. ISgES:K~$ I~lOOl
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