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Betsy Peabody Sent - City of Bainbridge Island

Betsy Peabody Sent - City of Bainbridge Island

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Dennis Fisher, Page 4<br />

II. BACKGROUND<br />

WSDOT has recently acquired property in Eagle Harbor formerly owned by <strong>Bainbridge</strong> Marine Services, to<br />

allow for expansion <strong>of</strong> the Washington State Ferries maintenance facility.<br />

Concurrent with this acquisition, WSDOT has participated with PACCAR Inc. In the design <strong>of</strong> sediment<br />

remediation in the West Harbor Operable Unit <strong>of</strong> the Wyck<strong>of</strong>f /Eagle Harbor Superfund Site. IN consideration<br />

<strong>of</strong> new information obtained during the design effort, and in order to facilitate WSDOT’s facility expansion<br />

and address local community needs for maintaining a private boatyard facility or other private water-dependent<br />

industrial or commercial operations in this area, WSDOT has proposed to construct a 0.9-acre nearshore fill on<br />

Eagle Harbor tidelands owned by WSDOT. Project approval by the U. S. Environmental Protection Agency<br />

(EPA), under the authority <strong>of</strong> both Superfund and the Clean Water Act, is necessary prior to construction.<br />

WSDOT and the <strong>City</strong> <strong>of</strong> <strong>Bainbridge</strong> <strong>Island</strong> both understand the strong desire <strong>of</strong> the local community to<br />

set aside approximately 1 acre <strong>of</strong> WSDOT’s recently acquired site for long-term lease by a private waterdependent<br />

industrial or commercial operation such as a boatyard, consistent with the <strong>City</strong> <strong>of</strong> <strong>Bainbridge</strong><br />

<strong>Island</strong>’s comprehensive land use plan and direction provided under the state Shoreline Management Act.<br />

Accommodation <strong>of</strong> such a private operation at the site was an objective <strong>of</strong> the WSDOT/EPA nearshore fill<br />

proposal. In order to provide both EPA and the local community with additional assurances that private waterdependent<br />

industrial or commercial operations will continue at the site, WSDOT and the <strong>City</strong> <strong>of</strong> <strong>Bainbridge</strong><br />

<strong>Island</strong> have jointly developed this MOA.<br />

III. PROVISIONS<br />

In consideration <strong>of</strong> mutual promises herein, the parties agree as follows:<br />

1. Approval <strong>of</strong> Future Site Development Permit Applications. The <strong>City</strong> <strong>of</strong> <strong>Bainbridge</strong> <strong>Island</strong> is expected to<br />

approve forthcoming development plans and associated permits for the expansion <strong>of</strong> the Washington State<br />

Ferries maintenance terminal at Eagle Harbor. Nothing in this MOA is intended to prevent the <strong>City</strong> from<br />

requiring additional mitigation including, but not limited to, construction <strong>of</strong> noise and view buffers as a part <strong>of</strong><br />

their normal development review and permit approval process.<br />

2. WSDOT agrees to enter into a long-term lease or leases, for a minimum <strong>of</strong> 20 consecutive years from the date<br />

<strong>of</strong> this agreement, <strong>of</strong> an approximate 1-acre area to either a private water-dependent industrial or commercial<br />

operation or to the <strong>City</strong> <strong>of</strong> <strong>Bainbridge</strong> <strong>Island</strong>.<br />

IV. EXECUTION<br />

This agreement becomes effective upon signature <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>Bainbridge</strong> <strong>Island</strong> and the Washington State<br />

Department <strong>of</strong> Transportation.

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