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2023 - Resolution - Shoreline Substantial Development PermitCity of Port Orchard 216 Prospect Street Port Orchard, WA 98366 RESOLUTION NO. 2023 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, PROVIDING A CONDITIONAL SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR BOYER TOWING INC. FOR THE EXPANSION OF THE EXISTING BARGE MOORAGE FACILITY LOCATED NEAR ROSS POINT. GOVERNMENT LOT 2, SECTION 27, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M. IN KITSAP COUNTY, WASHINGTON 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 Conditional Shoreline Substantial Development Permit application, CUP 009-03, JARPA file No. 144-02, Boyer Towing Inc., is seeking approval of a Conditional Use Permit/Shoreline Substantial Development Permit to allow for the expansion of an existing barge moorage system site to add the capacity for two (2) additional barges at the site for a total of four (4) for year round use. The site currently consists of two mooring buoys, which are connected together with cabled mooring booms. The work includes the construction of a new mooring boom. The work includes the construction of a new moorage buoy, to be anchored in place with two new anchor pilings on the north end, and one at the south end for a total of three new anchor pilings. A new 300-foot mooring boom consists of logs cabled together to be installed between the existing northern buoy and the new mooring buoy. Total maximum area potentially covered by barges would approximately 300L' x 150W', resulting in a 1/3"' increase in the length of the existing moorage. WHEREAS, the project has received a Mitigated Determination of Non-Significance by the City of Port Orchard, on November 13, 2002 for the project; and WHEREAS, the proposal, JARPA/SDP 144-02, is found to be consistent with the goals and policy provisions of the Port Orchard Shoreline Master Program; and WHEREAS, the submittal has demonstrated that the project meets the criteria established with the Shoreline Master Program to authorize a Conditional Use Permit; .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. 2023 Page 2 of3 WHEREAS, the proposed project impact minimizing measures as adopted by WDFW as listed in the HPA, and Army Corps Permit are appropriate to ensure protection of the marine environment at this site, and should be adopted as conditions of project approval; and 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 and City of Port Orchard Comprehensive Plan; now therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD DOES HEREBY RESOLVE AS FOLLOWS: The City of Port Orchard recommends approval to the Department of Ecology for the granting of a Conditional Shoreline Substantial Development Permit to Boyer Towing Inc., to allow for the expansion of the barge moorage facility at the subject site as described in Exhibit "PC' for year round moorage as proposed, in CUP 009-03, JARPA/SDP 144-02, 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. No barges shall be moored during the month of July; 3. The buoys shall be readily discernible under normal conditions to the unaided eye at a minimum distance of 100 yards during daylight hours 4. All work shall comply with the Department of Fish and Wildlife within the Hydraulic Project approval dated December 19, 2002, to include the following: a) No in-water work will occur between February 16 and July 15 for protection of migrating juvenile salmonids and forage species; b) No fuel, chemicals, or other hazardous cargoes will be stored in the moored barges; c) Manmade debris, including remnant timber piling, will be removed from the project area; d) The buoy and mooring system will be designed to prevent contact with the sea bed and moored barges will not ground out on the bottom; · e) Water quality and spill control measure will be implemented during and after construction; f) The mooring system will keep barges aligned parallel to the shoreline, minimizing disturbance of shallow aquatic habitat. Tugs shall also approach the mooring system from the water-ward side, further minimizing bottom disturbance. 5. Approval from Department of Ecology shall be required prior to any work. the Clerk in authentication of such passage this 12th day of May 2003. . / /J " _ PASSeD 0y fue Cijy Co~ci' '' fue Cijy '' Poe 0""'"'· APP;z fue Mo><> Md ""''" 'Y ~=' LESLIE J. WEATHERILL, MAYOR ATTEST: JARPA 144-02 Boyer Towing Legal Description 27241E Resolution No. 2023 Page 3 of 3 GOVERNMENT LOT 2, SECTION 27, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE SOUTH 283.50 FEET. ALSO EXCEPT ROADS. ALSO EXCEPT STATE ROAD NO. 14. ALSO EXCEPT A STRIP OF LAND 20 FEET IN WIDTH, BEING NORTHWESTERLY OF, PARALLEL WITH AND CONTIGUOUS TO, THE EXISTING WESTERLY RIGHT OF WAY LINE OF SR 166, PORT ORCHARD TO TIDEWATER CREEK AND EXTENDING FROM A LINE DRAWN NORTHWESTERLY AT RIGHT ANGLES TO THE SURVEY LINE OF SAID HIGHWAY FROM HIGHWAY ENGINEER'S STATION (HEREINAFTER REFERRED TO ASHES) 77+00 SOUTHWESTERLY TO A LINE DRAWN NORTHWESTERLY AT RIGHT ANGLES TO SAID SURVEY LINE FROM HES 78+50. TOGETHER WITH TIDELANDS OF THE FIRST CLASS TO MEAN LOW TIDE, FRONTING THEREON, AS SHOWN ON THE OFFICIAL MAP OF SIDNEY TIDELANDS.