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2017 - Resolution - Shoreline Substantial Development PermitCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 RESOLUTION NO. 2017 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, PROVIDING A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR THE PORT OF BREMERTON TO REPLACE THE EXISTING GUEST FLOAT AND PROVIDE FOR ADDITIONAL GUEST MOORAGES AT THE PORT ORCHARD MARINA Section 26, Township 24 North, Range 1 East 262401-1-002-2003 LEASED WATER FRTG FDT, TDLDS & HARBORLANDS FRTG PTN OF BLK 11-13 S.M. STEVENS TOWN OF SIDNEY AS REG IN VOL 1 PG 1 AKA PORT ORCHARD MARINA WHEREAS, the City adopted the revised Shoreline Master Program in 1994 to regulate the property within the jurisdiction of that Program; and WHEREAS, the applicant is seeking approval of a Shoreline Substantial Development Permit application, JARPA file No. 145-03, to allow for the replacement of a 20' x 60' guest float, with a 40' x 80' float. A 5' x 35' pier will connect the new float to the existing pier. Two new 20' diameter steel piles will anchor the new float. The new float will be placed waterward of the minus 22 MLLW line. The float will be utilized to expand the marina's ability to meet increased guest moorages with 6-8 additional moorage spaces and other recreational functions associated with guests visiting the Port Orchard Marina, and WHEREAS, the project has received a Determination of Non-Significance by the Port of Bremerton, who is the Lead Agency for the project, and WHEREAS, the applicant has prepared a Biological Evaluation, dated January 16, 2003, to consider potential impacts to marine habitat in regards to listed endangered species, and WHEREAS, a Hydraulic Project Approval was granted for this project by the Department of Fish and Wildlife on January 16, 2003, and WHEREAS, the National Marine Fisheries Service, (NOAA Fisheries) has reviewed the Biological Evaluation "BE" for this project, and concurs with the determination of the report of "may affect, not likely to adversely affect", for Puget Sound Chinook salmon, which are ESA threatened listed species. The Army Corps has reviewed this determination and has issued approval, and Resolution No. 2017 Page 2 of2 WHEREAS, the City Council has determined that the proposal and granting of a Shoreline Substantial Development Permit is consistent with the intent of the Shoreline Management Program, now therefore, THE COUNCIL OF THE CITY OF PORT ORCHARD DOES RESOLVE AS FOLLOWS: The City of Port Orchard recommends approval to the Department of Ecology for the granting of a Shoreline Substantial Development Permit to the Port of Bremerton to allow for the expansion of the guest fioat and dock as proposed, in JARPAISDP 145-03, subject to the following conditions: 1. Prior to commencement of work, a building permit for this project shall have been issued from the City of Port Orchard; 2. All work shall comply with the Department of Fish and Wildlife within the Hydraulic Project approval dated January 16, 2003; 3. The recommended set of "minimizing measures" as outlined in the Biological Evaluation shall be met as follows: a) The project will be done when juvenile salmon will not be present; b) The project will take place away from near shore habitat in water depths of at least -23 MLLW; c) Skirting will not be constructed around the fioat to minimize potential shading effects; d) A vibratory hammer will be used to drive the steel piling; and e) Best Management Practices (BMPs) will be employed to reduce the potential for construction related activities to affect aquatic species and their habitat. 4. Approval from Department of Ecology shall be required prior to any work. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and '"'""' "' ~' c"" " '"~'"""""" of woO ''""'" '"'' ,. '';2:'~ LESLIE J. WEATHERILL, MAYOR ATIEST: p,~