HomeMy WebLinkAboutord2013-038 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-734
CLEARANCES Initial Date Date Received in Council 0 flee Agenda Date Assi_ned to:
Originator: /W' F' 6/18/2013 Introduction
n
Division Head: �l% 7 5 2— o 7/9/2013 P&D/Council
Dept.Head: SIN s a Q 1 JUN 1 1 2013
Prosecutor: - s >'.3 WHATCOM COUNTY
Purchasing/Budget: ME COUNCIL
Executive: 1
TITLE OF D l F ENT: Cornwall Church Development Agreement
ATTACHMENTS:
(1) Ordinance
(2) Hearing Examiners Recommendation and Conditions
(3) Development Agreement
SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO
SEPA review completed? ( x ) Yes ( ) NO Requested Date:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
The applicants, Cornwall Church, are proposing a development agreement pursuant to RCW 36.70B.170-.210
and WCC 16.16.260(E) to mitigate wetland and wetland buffer fill in order to create additional parking pursuant
to Conditional Use Permit (CUP) 2012-00001.
COMMITTEE ACTION: 1 COUNCIL ACTION:
7/09/2013: Forwarded to Council for approval 6/18/2013: Introduced
7/09/2103: Council Adopted 7-0
Ord. 2013-038
Related County Contract#: Related File Numbers: Ordinance or Resolution Number:
Ord. 2013-038
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us/council„
SPONSORED BY: PDS
PROPOSED BY: PDS
INTRODUCTION DATE: 6/18/2013
ORDINANCE # 2013-038
ENTERING INTO A DEVELOPMENT AGREEMENT TO MITIGATE FOR WETLAND AND WETLAND
BUFFER FILL IN ORDER TO CREATE ADDITIONAL PARKING PURSUANT TO CONDITIONAL USE
PERMIT (CUP) 2012-00001
WHEREAS, notice of the Whatcom County Hearing Examiner public hearing for the
development agreement was published in the Bellingham Herald on May 9, 2013; and,
WHEREAS, notice of the Whatcom County Hearing Examiner public hearing was
posted on the subject site; and,
WHEREAS, notice of the subject development agreement was sent to state and local
agencies, and property owners within 1000 feet of the site, on February 15, 2013; and,
WHEREAS, the SEPA Official issued a Determination of Non-significance on April 15,
2013; and,
WHEREAS, the Whatcom County Hearing Examiner held a public hearing relating to
the subject development agreement on May 22, 2013 and recommended approval of the
development agreement; and,
WHEREAS, the Whatcom County Hearing Examiner received testimony and
prepared the Findings of Fact, Conclusions of Law, and Recommendation to the Whatcom
County Council for Council review and consideration.
The Council makes the following findings of fact and conclusions:
FINDINGS OF FACT
1. The applicant is requesting a Zoning Conditional Use Permit and Council Approval of
a Development Agreement to allow 9,200 square feet of wetland and buffer fill on
the Cornwall Church campus at 4518 Northwest Drive.
2. The proposed wetland and buffer fill will allow for construction of 126 additional
parking spaces in the southwest corner of the site. The applicant will also re-stripe
the existing parking lot to create additional compact parking spaces for a total of 673
parking spaces.
3. The Development Agreement, pursuant to WCC 16.16.260(E) and RCW 36.706.170-
.210 includes a mitigation plan that has been approved by the United States Army
Corps of Engineers and Whatcom County Planning and Development Services. The
mitigation plan includes 1.96 acres of wetland and buffer enhancement in the north
and northwestern portion of the property. At least 1.27 acres of that total will be
wetland enhancement.
1
4. The proposal is consistent with the general purpose and intent of the critical area
ordinance as well as the Whatcom County Comprehensive Plan.
5. A Zoning Conditional Use Permit for the parking lot and the interior remodel of
approximately 11,900 square feet of the existing gymnasium and second floor space
with multipurpose spaces and additional classrooms was approved by the Whatcom
County Hearing Examiner on May 28, 2013.
CONCLUSION
This proposal meets all of the legal requirements as noted within the Findings of Fact,
Conclusions of Law, and Recommendation to the Whatcom County Council. The
Development Agreement will result in enhancement of wetland and wetland buffers to fully
mitigate the impacts to critical areas on the site. The subject development agreement is
consistent with WCC 16.16.260(E) and RCW 36.70B.170 through .210 and serves the public
interest.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. The development agreement, is hereby adopted as shown in Exhibit A.
Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this
ordinance shall not affect or impair the validity of the ordinance as a whole or any part
thereof other than the part so declared to be invalid.
ADOPTEQ,tkits7r-Tui, day of July , 2013
•s •• WHATCOM COUNTY COUNCIL
•'•` HA�Od •�� WHATCOM COUNTY, WASHINGTON
O k U��Y •'r
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A a * " - WHATCOM COUNTY, WASHINGTON
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IrSdk‘k 1111"r°
Dana rown-own Cour t Clerk Kathy Kershner, Council Chair
if f /11i_ i i* ����
► ,' ',
APPROVED as to form: Appro -• Denied
osecutor Jack Louw., Executive
Date: ii /3
2
11 III 2130702079
Page: 1 of 57
7/16/2013 2:06 PM
AGR $128.00
Whatcom County, WA
RETURN DOCUMENT TO: Request of: CORNWALL CHURCH
Whatcom County Council Office
311 Grand Avenue; Suite 105
Bellingham, WA 98225
DOCUMENT TITLE(S):
Development Agreement between Whatcom County and Cornwall
Church
REFERENCE NUMBER(S) OF DOCUMENTS ASSIGNED OR RELEASED:
Ordinance Number: 2013-038
GRANTOR(S):
Whatcom County
GRANTEE(S):
Cornwall Church
ABBREVIATED LEGAL DESCRIPTION (Lot, block, plat, or section, township, range)
A portion of Section 02, Township 38 North, Range 02 East W.M.
Additional legal description can be found on pages 10-20 of document.
ASSESSOR'S PARCEL NUMBER: 380202-410033-0000, 380202-282077-0000
and 380202-358085-0000
DEVELOPMENT AGREEMENT
This Development Agreement (the "Agreement") is entered into by and between Whatcom
County (the "County") and Cornwall Church pursuant to the authority granted by RCW 36.
70B.170 through .210, and WCC Title 16, (16.16.260 E) to promote the development of certain
real property located within the County upon the following terms and conditions set forth herein.
WHEREAS, Cornwall Church owns certain property identified in Exhibit A ("Property")
and legally described in Exhibit A. The Property is an approximate 49.273-acre parcel located
at 4518 Northwest Drive, in Whatcom County, Washington, within a portion of Section 02,
Township 38 North, Range 02 East, W.M.; Latitude 48.8053821° North, Longitude
122.5195289°West, and
WHEREAS, over the past two years Cornwall Church and the County have been
engaged in discussions concerning the construction of a parking lot addition, Cornwall Church
pursued project development through the Conditional Use Permit process, Cornwall Church met
with County staff who provided Cornwall Church the possible option to pursue permitting of the
project under this Agreement; and
WHEREAS, on the effective date of this Agreement, Cornwall Church and Whatcom
County enter into the Agreement wherein both Parties agree that Cornwall Church had
demonstrated conformance with the Critical Areas Ordinance in the development plans as
described herein; and
WHEREAS, Cornwall Church has consulted the US Army Corps of Engineers (Corps)
and has received approval, a copy of which is attached as Exhibits B. Permit conditions are
included in the development plans as described in the Compensatory Wetland Mitigation Plan,
Exhibit C herein; and
WHEREAS, the Parties agree that the purpose of this Agreement is to allow Cornwall
Church to go forward with their plans to implement the Critical Areas Mitigation Plan and
construct the proposed parking lot addition on said property as described herein, Exhibits D;
and
WHEREAS, the County and Cornwall Church recognize the mutual benefit arising from
this Agreement providing that certain uses, development standards and mitigation are vested as
set forth and herein shall be allowed without further approval or review, (other than building
permit review and reviews associated with the building permit review process for the purposes
of compliance with building code requirements and for compliance with any terms and
conditions of this Agreement); and
WHEREAS, the County and Cornwall Church recognize the mutual benefits (net gains
in biological, ecological, and wetland functions and values as prescribed within the Whatcom
County Critical Areas Ordinance) arising from Cornwall Church's wetland mitigation plan and the
permit requirements from the Corps; and
Cornwall Church; Development Agreement, May 9, 2013
Page 1 of 8
WHEREAS, Cornwall Church has entered into this Agreement with the County to seek
approval to resolve the Critical Areas Ordinance concerns while providing relief for the Property
from strict adherence to the mitigation sequencing requirements found within the Critical Areas
Ordinance due to the reasons provided below which relate to the requirements for the use of the
property as a church as described herein.
a. A scarcity of alternative locations on the site meeting the requirements of area, location,
cost, and suitability for church parking lot addition. The impacts to other areas on-site would also
impact critical areas as well as increase area of disturbance due to existing slopes and grading
requirements for parking lots and access routes to the existing church,
b. Attendance at Cornwall Church has continued to grow from the time that the facility
opened. In an attempt to address the additional parking needs, Cornwall Church has added
weekend services. The Church now offers three services during the summer and the winter
months. The Church also encourages parishioners to carpool. Even with the added services
and emphasis on carpooling, the existing parking count of 465 stalls is insufficient. The
proposed increase in parking stalls will address the parking deficiency on the site. There are
currently marked 465 parking stalls on the site and the capacity to park another 64 cars in a
nearby gravel maintenance area, in addition an overflow parking area and shuttle are available
one mile north at the Whatcom County Planning office, as described herein, Exhibits E.
Based upon calculated parking requirements, the existing parking does not meet the demands
of typical Sunday services, nor peak events such as Easter or Christmas. Overflow parking now
occurs along a gravel maintenance road and at the Whatcom County Planning parking lot. The
shortage of parking deters persons from attending the Church services and prevents reasonable
use of the facility.
Proposed site plans, including construction of a new asphalt parking lot and restriping in the
existing parking lot, will allow the Church to meets its actual parking needs on-site. A summary
of parking needs is presented graphically in the attached chart, Exhibits E.
WHEREAS, the County recognizes that Cornwall Church retained Talasaea, Inc. to
complete a Critical Areas Assessment Report and Conceptual Mitigation Plan, dated December
15, 2011. A Revised Critical Areas Mitigation Plan was requested and prepared by NWC, LLC
dated January 28, 2013 and the revised Mitigation Plan dated February 20, 2013 was reviewed
and approved by the Corps (Exhibit B) and shall be included with the Development Agreement
submittal to the County for review as described herein, Exhibits C; and
WHEREAS, the County recognizes that no suitable alternative sites are available and
Cornwall Church has completed a thorough avoidance and minimization process regarding
wetland impacts. Cornwall Church has contacted the Corps, Whatcom County, and Washington
State Department of Ecology ("Ecology") for guidance related to jurisdiction, avoidance, and
mitigation, and that these agency comments will be incorporated into the final Compensatory
Wetland Mitigation Plan which is incorporated into this Agreement, Exhibit C and
Cornwall Church; Development Agreement, May 9, 2013
Page 2 of 8
WHEREAS, the standards of critical area impact avoidance and minimization, provided
in WCC 16.16.260.A and referenced in the mitigation plan, were utilized as guiding principles in
the formulation of the mitigation plan; and
WHEREAS, Cornwall Church has the organizational and fiscal capability to successfully
carry out the purpose and intent of the mitigation plan, as demonstrated by previously permitted
and implemented wetland mitigation projects; and
WHEREAS, there is a clear likelihood for success of the proposed mitigation plan as the
plan is based on County and Ecology mitigation ratios and will follow required monitoring
standards, which are based on best available science (BAS) with supporting scientific
information, including the completion of Corps Wetland Determination Data forms, Ecology
wetland rating forms and a functional analysis of all wetlands; and
WHEREAS, the long-term management, maintenance, and monitoring of the mitigation
area will be adequately funded with a mitigation bond per CAO Section 16.16.260.D.1 that will
be posted in the amount of 125 percent of the estimated amount to complete mitigation
installation, maintenance, and monitoring and is outlined within the mitigation plan as prescribed
by County and Ecology standards. Posting of this bond ensures the mitigation will be adequately
funded and that the watershed affected by the mitigation plan will not be negatively affected; and
WHEREAS, the mitigation plan is consistent with the general purpose and intent of the
CAO as it satisfies the mitigation requirements of the CAO and follows the standards of impact
avoidance and minimization; and
WHEREAS, the mitigation plan is consistent with the goals and policies of the Whatcom
County Comprehensive Plan, particularly Goal 11C and Policy 11 K-5, in that it preserves private
property rights and implements Whatcom County's environmental goals and policies through a
comprehensive wetland mitigation strategy, which incorporates onsite wetland enhancement
and creation; and
WHEREAS, the proposed project results in equal or greater protection and conservation
of critical areas than would be achieved using traditional mitigation approaches. The subsequent
wetland functions will be higher with regards to habitat quality, water quality function, and
hydrologic function (areas of mowed grass versus protected scrub/shrub and forested habitat
with an un-mowed herbaceous layer) and
WHEREAS, the mitigation plan contains clear and measurable standards (Exhibit C) for
achieving compliance with the purposes of the Whatcom County CAO, and a description of how
such standards will be monitored and measured over the life of the plan and a fully funded
contingency plan should any element of the plan not meet the standards for compliance, and
WHEREAS, the Whatcom County Council authorizes the County Executive to execute
this Agreement on behalf of the County; and
WHEREAS, the County issued a Determination of Non-significance on April 15, 2013;
and
Cornwall Church; Development Agreement, May 9, 2013
Page 3 of 8
WHEREAS, following public notice provided in a manner consistent with the County
requirements and by law, a public hearing was held by the County Hearings Examiner on May
22, 2013; and
THEREFORE, in consideration of the mutual promises and covenants contained herein,
the County and Cornwall Church agree as follows:
1. Approval of Development. Cornwall Church is hereby authorized to construct the Church
parking lot addition and critical areas mitigation plan as set forth in Exhibits C, D & F.
This proposed parking lot addition project at full build out, will include a total of
approximately 43,457 SF (0.9976 acres) of paved parking area including curbs;
approximately 532 SF (0.0122 acres) of sidewalks/stairs and approximately 13,000
square feet (0.2984 acres) of newly landscaped area(s). The proposed wetland
enhancement area after construction will be approximately 64,088 square feet (1.47
acres). The proposed upland enhancement area after construction will be approximately
21,250 square feet (0.49 AC). Stormwater enhanced treatment will be provided in
bioretention areas/Rain Gardens as described the approved Civil Engineering Plans and
Landscape Plans, or as amended with Whatcom County Planning and Development
Services approval, as described in, Exhibits F.
2. Property. The location of the Property subject to this Agreement is depicted on Exhibit A
and legally described in Exhibit A.
3. Conditions. The development is subject to the Findings of Fact, Conclusions of Law and
decision of the Hearing Examiner for CUP2012-00001 and decision of the County
Council in regard to the Development Agreement.
Development Standards.
3.1 Parking Requirements. Cornwall Church was able to demonstrate through a parking
study an average parking ratio of 1 space per every 2 seats. The parking study also
indicates that at maximum capacity the estimated parking requirements will be 662
spaces. Cornwall Church proposes 673 total parking spaces, as described herein,
Exhibits D & E. Fifty (50) percent of the 673 spaces are allowed to be considered
compact parking spaces.
3.2 Outdoor Lighting. All outdoor lighting shall be shielded and directed away from
neighboring streets and properties.
3.3 Incorporation by Reference. The conditions of approval for the JARPA Section 404
permit, the conditional use permit issued by the Whatcom County Hearing Examiner
and any conditions of approval attached by Whatcom County Council to the approval
of the Development Agreement are incorporated by reference herein.
3.4 Mitigation Plan. As provided in Exhibit C.
Cornwall Church; Development Agreement, May 9, 2013
Page 4 of 8
4. Final Approval. This Agreement shall be deemed the final land use approval. Land
disturbance permits and construction permitting shall be obtained prior to
commencement of construction and development.
5. Notification to County. Prior to commencement of any activity permitted by this
Agreement, Cornwall Church shall notify the Technical Administrator and County
Planning Director in writing of the date of the commencement of any such activity and
provide a description and scope of the activity planned.
6. Vested Rights. The permitted land and conditional land uses identified in this Agreement
are entitled to and vested within the property described in Exhibit A and shall be subject
only to those rules, requirements approved site plan and Compensatory Wetland
Mitigation Plan as set forth in this Agreement and conditions attached by the County
Council or Hearing Examiner upon the approval of the Development Agreement and
Conditional Use Permit; provided, however that any building structure shall be subject to
the applicable building code requirements, Zoning Code, fire code, health code and
engineering requirements.
7. Variances. Nothing herein shall limit or prohibit Cornwall Church from seeking a
variance from any of these standards pursuant to the variance criteria set forth in the
WCC 20.84.
8. Anticipated Development Phasing. Exhibits C & D depicts the development area(s)
parking addition and critical areas mitigation area within the subject property. Cornwall
Church anticipates that it will conduct development in accordance with approval from the
Whatcom County Planning Department and applicable agencies, i.e., Ecology and
Corps, as required.
9. Conservation Easement. A Conservation Easement shall be established by Cornwall
Church for the north/northwest portion of the Property/parcel as indicated in the Wetland
Mitigation Plan given to the County (Exhibit C) and shall include those areas containing
the compensatory wetland mitigation, protected wetlands and associated protected
buffers.
10. Monitoring Period. Per WCC16.16.690(B)(3), if the mitigation project involves the
establishment of forested plant communities, the technical administrator shall have the
authority to require a monitoring period of up to 10 years. The monitoring period shall be
10 years which will maintain consistency with the 10 year monitoring period required by
the Corps. Native Growth Protection Areas signs shall be installed in the locations
indicated in the mitigation plan (Exhibit C).
11. SEPA Review. The State Environmental Policy Act (SEPA) review has been conducted
and completed by the County and the County has issued a determination of non-
significance (DNS).
12. Recording. This Agreement shall, when approved by the County Council and executed
by the Parties hereto, be filed as a matter of public record in the office of the Whatcom
Cornwall Church; Development Agreement, May 9, 2013
Page 5 of 8
County Auditor and shall be in the nature of a covenant running with Cornwall Church
Property.
13. Dispute Resolution. In the event of any dispute as to the interpretation or application of
the terms or conditions of Agreement, Cornwall Church and the County, through their
designated representatives, shall meet within ten (10) days after the receipt of a written
request from any party for the purpose of attempting in good faith to resolve the dispute.
Such a meeting may be continued by mutual agreement to a date certain to include other
persons or parties, or to obtain additional information.
14. Mediation. In the event that such a meeting does not resolve the dispute and prior to
commencing any litigation except for a request for a temporary restraining order and
preliminary injunction, the Parties shall first attempt to mediate the dispute. The Parties
shall mutually agree upon a mediator to assist them in resolving their differences. If the
Parties are unable to agree upon a mediator, a list of seven mediators with experience in
land use matters and applicable Washington State land use law shall be requested from
the Whatcom County Superior Court Presiding Judge. Each party shall take its turn in
striking one name from the list until one name remains. A flip of a coin shall determine
which party strikes the first name. Any expenses of the mediator shall be borne equally
by the Parties. However, each side shall bear their own costs and attorney fees arising
from participation in the mediation.
15.Applicable Law. This Agreement shall be governed by and be interpreted in accordance
with the laws of the State of Washington.
16. Binding Effect. This Agreement shall be binding upon Cornwall Church and the County.
17. Severability. If any provision of this Agreement is determined to be unenforceable or
invalid by a court of law, then this Agreement shall thereafter be modified to implement
the intent of the Parties to the maximum extent allowable under law.
18. Modification. This Agreement shall not be modified or amended except in writing signed
by Cornwall Church and the County or their respective successors in interest.
19. Further Good Faith Cooperation. Each party hereto shall cooperate with the other in
good faith to achieve the objectives of this Agreement. The Parties shall not
unreasonably withhold requests for information, approvals or consents provided for, or
implicit, in this Agreement.
20. No Presumption Against Drafter. This Agreement has been reviewed and revised by
legal counsel for all Parties and no presumption or rule that an ambiguity shall be
construed against the party drafting the clause shall apply to the interpretation or
enforcement of this Agreement.
21. Notices. All communications, notices, and demands of any kind which a party under this
Agreement is required, or desires to give to any other party, shall be in writing and be
either(1) delivered personally, (2) sent by facsimile transmission with an additional copy
Cornwall Church; Development Agreement, May 9, 2013
Page 6 of 8
mailed first class, or(3) deposited in the U.S. mail, certified mail postage prepaid, return
receipt requested, and addressed as follows:
County: Whatco•• +aunty.
/.2763
Cornwall Church: Mike York, Church Business Manager
4518 Northwest Drive
Bellingham, WA 98226
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the
mail, notice shall be deemed received 48 hours after deposit. Any party at any time by
notice to the other party may designate a different address or person to which such
notice shall be given.
22. Duration. This Agreement and the rights and obligations set forth in this Agreement shall
be for a period of twenty(20)years.
23. Effective Date. The Effective Date of this Agreement for the purposes of vesting is the
date that Whatcom County determined Cornwall Church conditional use permit
application to be complete. Any subsequent adopted zoning ordinance regulation, rule
or requirement of Whatcom County or other applicable jurisdiction that is inconsistent
with or more stringent than any term or condition of this Agreement shall not apply or
bind Cornwall Church.
24. Entire Agreement. This Agreement represents the entire agreement of the Parties with
respect to the subject matter hereof. There are no other agreements, oral or written,
except as expressly set forth herein. This Agreement supercedes all previous
understandings or agreements between the parties concerning the subject matter of this
Agreement.
IN WITNESS HEREOF, Cornwall Church and the County have caused this Agreement to be
executed in their names and to be attested by their duly authorized officers this16 day of
July , 2013.
Cornwall Church; Development Agreement, May 9, 2013
Page 7 of 8
Cornwall Church
Mike York, Church Business Manager
Date:
Whatcom County
By: _
Jack Louws, C•unty Exec e
Date: '0.27/3
Cornwall Church; Development Agreement, May 9, 2013
Page 8 of 8
EXHIBIT A rata =()i;s
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WHEN RECORDED RETURN TO: Rowo.l or,51E10011 rITL CenPnrrc
Name: Cornwall Church-alto:Tun Cornwell
Address: 4518 Northwest Drive
Bellingham,WA 98226
Ste-9tP Lib°
:118t,Oki,itt/001 46400
Filed for Record at Request of:steward 7111e ofBoilinghwe.
STATUTORY WARRANTY DEED
THE(itiANTOWS),Coldine Lsthrap,a widow for and in consideration of Tun Dollars and other good and
vphiablc consideration in hand paid,conveys,and warrants to Cornwall Church,a Washington Non-Profit
CarporatIon she following described real estate,situated in the County of Whatcam,State of Wasivnglorc
SEE ATTACHED EXHIBIT A
Abbreviated Legal:(Required in ull[NW not'mated shove;)Ptn Blk 84 Plat of Bakerview Add to the Cily.of Bham
V7/Pgs4045
Tax Parcel Number(s):380202 410033 0000
SUBJECT TO:This ccnveyanca Ii sub eel to Cosenants,.ceretillacot,4eatriOnon.and.e?eemmll,Rimy,affecting
title.which may appear in the public record,including those shown an 8nyyreborbedpi1 dfaurvoy,
Doted:July 9,2007
f •
'Weise Lathrop - �W
STATE OP Washington
ss,
COUNTY OP Whatcom
I certify that I know or have satisfactory evidence that Goldin Lathrop is the person who appeared before me,
and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act
for the uses and purposes mentioned in this instrument,
Dated:July U 2007
Not.lry name.printed or typed;Marlin DuBois
MARLIN DU BOIS T:wiry i'oy)Ic to and far the Stale of Washington
5 TAM OP WA91HNOT004 Raiding at Jlcllinglum
NOTARY PUBLIC My appointment eapbvi March 17,201 t
MY COMMISSION EXPIRES
03.17.11
20Y575 1W/ii a 1i/!V21.07 I rttt.uu
BX9lBrT A
A tract of land In Block 84,Bakerview Addition to the City of 8a11inghpn4 according to the Plat thereat Recorded
in Volume 7 of Plats,Rage(s)40 through 45,Records of Whalcom County,Washington,described as follows:
en Log at the Southeast comet of!lie aald Block 04,Rxncc Nutns 2"550 14"We l along Ibe Swr'dt lust of Block
84,9E3.91 feel to the true palm ofbeginuing;thence Nmth 0"33'56"t fi.t1I feel to the South lino of the tract
warded in Volume 352 of Deeds,Page 159,aad File 8;thence South 89°53'27"Wass,31,45 feet to the
Wan line of Black 84;lheoee Southerly along the Went line of Block 84,625.89 feel is the Southwcsl comer Of
Black 84;tlicncc Easterly along the South line of Block g4,331.30 fcci to the tow point of beginning
Situate In Whalcom County,Washington.
(
2000 1439
Post let
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411.27 M
OE $9,01
tcea County,UR
Requ.ol et.CHARTER T E cots
When Recorded Return to
CORNWALL PARK CHURCH OF GOD
3210 MERIDIAN STREET
BELLINGHAM,WA.98226
ATTN:MICHAEL S.GISH
(barter Title fPrporatfon
• STATUTORY WARRANTY DEED CTC-15133-15133 DD
TH6 GRANTOR DONALD J.KOSA AND CATHERINE C.KOSA,HUSBAND AND WIFE
for and in consideration of TEN DOLLARS AND OTHER VALUABLE
CONSIDERATION 1010.00&OVCI
in hand paid, conveys and warrants to CORNWALL PARK CHURCH OF GOD
dthe following deecribed real estate, situated in the County of
li WHATCOM , State of Washington:
Legal description attached hereto es Exhhlt A.-pev°a,
Legal Description (Abbreviated).
PIN SE SW 2.3B-2
Assessor's Tax Parcel 10$ 380202 296077 0000,380202 358085 0000
Dated: rlr!u 1!n❑
DONALD J. ISAa CA1'}if.'RrWE C. KOSA
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EXHIBIT A
CTC-15133
PARCEL A:
A TRIANGULAR PIECE OF LAND IN THE SOUTHWEST QUARTER OF SECTION 2, TOWNSHIP
38 NORTH, RANGE 2 EAST OF W,M., MORE PARTICULARLY DESCRIBED AS:
(.'11VPIBNCII7G.AT 1715 INTAIssscr TON OP Tim OAS"::.UIE OF TIER 50UTI{Wu$T QIJNfl'tR OP
SAID SECPEE H 2, WITH'INC SASTSRLY LINK OF THE WORMIEST uIAt EONAI.RLVO:
THENCE WORTITltES'TSALY ALONG THE EASTERLY LINE OF RA111 ROAD; 750 FRET 7O A
POINT 171TONII WORTHEA.S 7111LY AT MOT ANGELS TO IIAIG 5W3J:To.A 1101151' IN TIHE
EAST LIME pp SAID CKIARTI:R SECTION, BOIN4 277 YSET W[SRY3I 0T THE PLACE bp
BRG[sNi1IOI THFWCY$0,i3TH/H.ON4 T'ilN EAST LINE OF SATE QUARTER SECTION TO Tax
11,5,05.01'1NE[11 411E0; AIM,111E HEST HALF OP THE SOUTHWEST[41AS'1!R OF•THN
SOUTHEAST QUARTER.OF.SECTION 2, TOWNSHIP 30 NORTII, 5241115 7 EAST Oi W,M:,
EXCEPT ROAD AND EXTEPT A TRACT.DESCRIBED AS FOLLOWS; HEl:I1111110 AT THE
QUARTER 0051;65 POST 1535131 SECTIOE 2 AHO 11, 'TIWDSH*_F 38 WORTH, RAN1;E 7
EAST OP N.H., 111351150'1151301 sAvrim THE 1.11:}1 BLT1'REII SAID SF.CTIQT 2 NED 11
'1'O'T1t8 P171111 551111111 THE COMNIV RON}..KNOHM AS !Mk NORTHWES^DIllQCNAI.ROAD.
I'R15FSES AATp SSCIIOH LINE, THAIlUC NORT1T1lCSTRALY A301G THE soUTHWESI'ERLT SIDE
OF 55111 11oAR '10 THE ?DINT Oli THL1'.LIH5.BmiRE}I THE SLYAHW85'1 1UN[R11R AN11 7515
RCSITI7IRAAT QUARTER OP RAID SECTION 2 AT irlIT:CII SAID R0A13 r;H05551 SAID LINE
'THENCE SOUTH TO THE PLACFI OP IIRGENW5RG.
SITUATE IN COUNTY OF WHATCOM, STATE OP WASHINGTON,
PARCEL By
BLOCK 85, BAICERVIEW ADDITION TO THE CITY OF BBLLINGRAM, WHATCOM COUNTY,
WASHINGTON, ACCORDING TO THE FLAT THEREOF, RECORDED IN VOLUME 7 OF PLATS,
PAGES 40 TO 45, INCLUSIVE, RECORDS OP WHATCOM COUNTY, WASHINGTON,
20002,1439
rrprl r a
2/11,4011 111P7 ■1
OC19 14.14
Alf It,.Cd,nID.111
F40.41 II..E1 51[11.IRS Caw
20209 484
T.O., .1 a
!rd]I
0I117■r Sri
DELO U!R.R/
R.qy..<eft sTEIMIRT TIT rok.hYr
WHEN RECORDED RETURN TO
Name: Michael Gish in care of Cornwall Church
Address: 4516 Northwest Road
Bellingham,WA 98226
362 lO2
Escrow Number: 30108DLW
Filed for Record al Request of: Stewart Tiffe of Western Washington,Inc,
STATUTORY WARRANTY DEED
The Grantors, David Leo Anderson and Hannah Anderson,husband and wife for and In
consideration of Ten Dollars and other good and valuable consideration In hand paid,conveys,end
warrants to Cornwall Church,a Non-Profit Corporation,the following described real estate,situated in
the County of Whatcom,Slate of Washington:
That part of the Southeast Quarter of the Southwest Quarter of Section 2,Township 38 North,
Range 2 East of the Willamette Meridian,lying East of the Northwest diagonal Road,more
particularly described as follows,to-wit:
Commencing at the Northeast corner of the Southeast Quarter of the Southwest Quarter of said
Section 2,Township 38 North,Range 2 East;thence West a distance of 520 feet to the
Northeasterly line of the Northwest diagonal Road;thence Soptheaslerly along the
Northeasterly line of said Northwest diagonal Road,a distance of 820 feet to a point;thence
Northeasterly a distance of 130 feet to the East Ilne of said Southeast Quarter of the Southwest
Quarter;thence North on said east line of said Southeast Quarter of the Southwest Quarter a
distance of 730 feet to the place of beginning.
Situate in Whatcom County,Washington.
Assessor's Property Tax Parcel No:.380202 244110
Subject to: See Exhibit"A"attached hereto and made a part hereof.
Dat :Septembnr CVO 2002
4 //A4.41
Dowd Lee Anderson Hannah Anderson
STATE OF Washington I
J se.
COUNTY OF Whatcom
• I certify that I know or have satisfactory evidence that David Leo Anderson and Hannah Anderson are the
N persons who appeared before me,and said persons acknowledged that they signed this Instrument and
+ acknowledged it to be their free end voluntary act for the uses and purposes mentioned in this Instrument
-sr Dated September t7 .2002 Jrf14trr
ame'Dian41.
nay ...... I . tt,'
Notary Public In and r the S ale of Washington y igSj
al Residing In: Bellingham 04,
i' MO
ni My commission expires 8/6/2004 qs:?
•.
e�
•
I rr� OFS 1
.f:ti—�
Lri
N
if
EXHIBIT°A"
Easement and the terms and conditions thereof:
P„rpusri: Telephone Line
Affects: Said Premises and Other Property
D ated: August 18,1927
Recorded: October 24,1927
Recording No.: 333822
Oil and Gas Lease affecting the premises hereinafter stated upon and subject to all the
provisions therein contained.
Lessor. David Leo Anderson and Hannah Anderson,husband and
wife
Lessee: Erco,Inc.
Dated: July 17,1981
Recorded; December 10,1981
Recording No.: 1407236
For a term of: 10 years,or as long thereafter as gas or oil or either of
them is
produced from the land.
Affects: Said Premises
Said Lessee's Interest is now held of record by Search Natural Resources,Inc.
Easement and the terms and conditions thereof:
Purpose: Ingress and Egress
Affects: Said Premises and Other Property
Dated; May 18,1983
Recorded: May 17,1983
Recording No.: 1448004
20209 484
er e
111+47
scr Ile.e
sew ce,nry,un
A.avK�of r OSEONI r s COWIN
20103 1502
Pegs. of 3
• a/12 00119:49 as
DEE 0.00
rAt eem County, WA
Request of, Whets= y Engineer
After recording return document to:
Pacific Surveying&Engineering
1812 Cornwall Ave.
Bellingham,Washington 98225
DOCUMENT TITLE:QUIT CLAIM DEED FOR COUNTY ROAD RIGHT OF WAY
REFERENCE NO.OF RELATED DOCUMENT: 2000201439
GRANTOR(S):CORNWALL PARK CHURCH OF GOD
GRANTEE(S):WHATCOM COUNTY
ABBREVIATED LEGAL DESCRIPTION: PORTION SECTION 2,T38N,R2E,W.M.AND
BLOCK 85,BAKERVIEW ADDITION TO CITY OF BELLINGHAM,V.?PGS.40-45 OF
PLATS.
s- ADDITIONAL LEGAL DESCRIPTION ON PAGE IOF DOCUMENT.
ASSESSORS TAX PARCEL NO.:
J 3802023580850000
a 3802022950770000
QUIT CLAIM DEED
The grantor, Cornwall Park Church of God, a Washington Corporation as its sole and
O separate property,of Whateom County, WA, for and in consideration of mutual benefits,conveys
and quit claims to WHATCOM COUNTY,a parcel of land for all public right-of-way purposes,
described by legal description attached hereto es Exhibit"A"
r
DATED this 2t., day of rS.hruarL1 ,2001:
GRANTOR
STATE OF WASHINGTON )
)S.S.
COUNTY OF WHATCOM )
r'rltrhZe.1 S.C=vsk••
I Certify that I know or have satisfactory evidence that signed this instrument,on
oath stated that he was authorized to execute the instrument and acknowledged it as the
r-y■c1r=i►i; of Cor rx�ct C C 1_..vri4
to he the free and voluntary at of such party for the uses and purposes mentioned In the Instrument.
a•a�-o t
DATED
—'r�'•' '' .�errr.ss•
3?)r. 7 SI ATURti OF 1 1TAlt?PUBLIC
' Tz•:td}.: r
'+r` ?. Gt�LP )l .r 6lt .y,
��t•'•'?:.'•'s�`� Name Printed
�(
Title
My Appointment Expires
20103 02
Popof of 3
lle=Ap AM
DEED 8.00
Requoot of Mhutaam .. County. IIA
tt EnplM�r
PACIFIC SURVEYING& 11 1812 CORNWALL AVENUE
ENGINEERING SERVICES,INC. fe r BELLINGHAM,WA 98225
ENGINEERING r�
SURVEYING --!_- ,—I 380/871-7387
It ' FAX:360/671-4685
PLANNING E-MAIL:AIL:pse@psesurvey.com
3.
EXHIBIT"A"
LAND DESCRIPTION
FOR
RIGHT OF WAY FEE CONVEYANCE
THE SOUTHWESTERLY FIFTEEN(15)FEET OF THE SOUTHWESTERLY LINE ADJOINING
THE NORTHEASTERLY MARGIN OF NORTHWEST DIAGONAL ROAD WITHIN THE
FOLLOWING DESCRIBED PARCEL:
(STATUTORY WARRANTY DEED PER AUDITORS FILE#2000201439)
A TRIANGULAR PIECE OF LAND IN THE SOUTHWEST QUARTER OF SECTION 2,
TOWNSHIP 38 NORTH,RANGE 2 EAST OF W.M.,MORE PARTICULARLY DESCRIBED AS:
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 2, WITH THE EASTERLY LINE OF THE NORTHWEST
DIAGONAL ROAD; THENCE NORTHWESTERLY ALONG THE EASTERLY LINE OF SAID
ROAD.258 FEET TO A POINT;THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID
ROAD TO A POINT IN THE EAST LINE OF SAID QUARTER SECTION, BEING 272 FEET
NORTH OF THE PLACE OF BEGINNING;THENCE SOUTH ALONG THE EAST LINE OF SAID
QUARTER SECTION TO THE PLACE OF BEGINNING; ALSO THE WEST HALF OF THE
SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2,TOWNSHIP 38
NORTH,RANGE 2 EAST OF W.M„EXCEPT ROAD AND EXCEPT A TRACT DESCRIBED AS
FOLLOWS:BEGINNINGS AT THE QUARTER CORNER POST BETWEEN SECTION 2 AND 11,
TOWNSHIP 39 NORTH,RANGE 2 EAST OF W.M., DUNNING THENCE EAST ON THE LINE
BETWEEN SAID SECTION 2 AND 11 TO THE POINT WHERE THE COUNTY ROAD KNOWN
AS THE NORTHWEST DIAGONAL ROAD, CROSSES SAID SECTION LINE; THENCE
NORTHWESTERLY ALONG THE SOUTHWESTERLY SIDE OF SAID ROAD TO THE POINT
ON THE LINE BETWEEN THE SOUTHWEST QUARTER AND THE SOUTHEAST QUARTER
OF SAID SECTION 2 AT WHICH SAO ROAD CROSSES SAID LINE; THENCE SOUTH TO
THE PLACE OF BEGINNING.
I SITUATE IN COUNTY OF WHATCOM,STATE OF WASHINGTON.
-ilieli17-411re,pli
rp i i
. r
VO
/ry/7
I 4 14
2010308.12
1/77/2411 sff-af s
eI4o All
DEED 1.09
14100:m County. WA
fl.qu..t of: Wh•lcom auniji
202110 65
Pee.n l r e
1l/idI2 17:11 tr1
C,AC 121.00
Maws.'an prtoo0eor n ca.n ly,s11
Are.r recording return document tel
rnrnvx1j Church
4518 P1.tzthweE6 Drive
aelUnahant. Wfr 98226
DOCONe1rt TITI.i; COVENANT TO BIND PROPERTIES
ABBDB8OR'9 TAX PAACbb NONIRA IS). 15[1202 244118 Ulna. 3B8202 2n5877 00ti) _
I/w._Cornwall Chslrch cte flgli inghaei. {ya an/.re mmsts In fee of the below
d..nrib•d real prnperriee. ter and lA eenefurbtt4n di b0idg yraut.d hullding and/or development
p.,oite,.a."A.qulred by Whet tom County sovietism*. 11.4 do hereby generally oenvenant that the
leer d.iorlbm4 is tallro+e
ADDR188. 4542,261rr.hvrcF. hriv , kr°R 0lnrrhvpxh. 11Jye,
LTD/4I,osscRxrrlLVrtai. Zee attached. Pow /2
"heart .SF4,6g0 S9,7 g,,X7,E
'hall hereinafter be bound together for the purpose of compliance with the Official Nhatcon
County Zoning Ordinance: cup,m2_con/
I/Ne CO hereby.afilkp ghai mo pplttron et the above democibad peop.tt4Cr shall be Bold in
Vibieb Lod Dl any 004.4do4•nee i4lstooa County Zoning or pebdivlasdd oidlnanc.., woks. ouch
.orlon
In detaepinid:hp.OCLtomm-tewlsp or.Millar sppreprlat.gorrtoomotol or Judicial authority
to.IS onuepe..or approved In deccodene.with .ubdlvlelnn end zoning regulation'. The Oevenant
.Call roll wit$ rho IMAd, in ion the behsrlt of the orOurel public, not eh.11 A. binding upon
•yfeur mire.'dame&&&&& .KAaurona, 0.4athistraavre, .ebeu.pAra and snipe..
e%eOIRtC thtr i'=T day of h1GVE(V\hrnl" 70s^la,
ergo/aura Of property pwnei'
eigl*LUrn or property owner 1111
OTATB OP NA1NINOTON
COUNTY OP NNATCON •
I rnrclly that I know or have asti.faotory evidence than
I \N.S: N(LC 1p/are the person(.) von appeared
Astute me.. and said pereonie) sekooviedged chat l)ehe migmtd this instrument and acknowledged It
$ co herb l.lh.r free cod va.p.mv. ocn far this umer and purpa000 mentioned in the instrwcant,
•be(2)her 114 C. t1t11
'Yeti,ilrf
t� p41f T. Y _3
)I LG ` r3�sL'v`
[w y›•. 3,12..?•+ S J
)�i1 OP NOIaF' ibIC in owl;emir Ry ce eahlooton
by appointment
expireei �r�f 0�
Nhercom county ry�' �n
Approved y khr<ro
. n County chit 'r MT ofdF��4'
ern ut:�e .tom{
For Ph.tcnm County
EXHIBIT A
TAX PARCEL 11: 380202 244110 0000
THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 2,TOWNSHIP 38 NORTH,RANGE 2 EAST OF THE WILLAMETTE
MERIDIAN, LYING EAST OF THE NORTHWEST DIAGONAL ROAD, MORE
PARTICULARLY DESCRIBED AS FOLLOWS,TO WIT:
COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 2, TOWNSHIP 38 NORTH,
RANGE 2 EAST, THENCE WEST A DISTANCE OF 520 FEET TO THE
NORTHEASTERLY LINE OF THE NORTHWEST DIAGONAL ROAD, THENCE
SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF SAID
NORTHWEST DIAGONAL ROAD, A DISTANCE OF 820 FEET TO A POINT,
THENCE NORTHEASTERLY A DISTANCE OF 130 FEET TO THE EAST LINE OF
SAID SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, THENCE
NORTH ON SAID EAST LINE OF SAID SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER A DISTANCE OF 730 FEET TO THE PLACE OF
BEGINNING.
SITUATE IN WHATCOM COUNTY,WASHINGTON
2021 1 t74 68
°•c.= ar s
11,08120 =2x94
we WI pry
DIRCo/ 123 X88
Ruqui o/. REICHRDTe gFm coon ly. up
EXHIBIT B
TAX PARCEL#: 380202 295077 0000
A TRIANGULAR PIECE OF LAND IN THE SOUTHWEST QUARTER OF SECTION
2, TOWNSHIP 38 NORTH, RANGE 2 EAST OF W.M., MORE PARTICULARLY
DESCRIBED AS:
COMMENCING AT THE INTERSECTION OF THE EAST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 2,WITH THE EASTERLY LINE OF
THE NORTHWEST DIAGONAL ROAD; THENCE NORTHWESTERLY ALONG
THE EASTERLY LINE OF SAID ROAD, 258 FEET TO A POINT; THENCE
NORTHEASTERLY AT RIGHT ANGELS TO SAID ROAD TO A POINT IN THE
EAST LINE OF SAID QUARTER SECTION, BEING 272 FEET NORTH OF THE
PLACE OF BEGINNING; THENCE SOUTH AIX)NCi EAST LINE OF SAID
QUARTER SECTION TO THE PLACE OF BEGINNING; ALSO THE WEST HALF
01 THE SOUTHWEST QUARTER OF THE SOUTHEAST Cpl TARTER OF SECTION
2, TOWNSHIP 38 NORTH, RANGE 2 EAST OF W,M., EXCEPT ROAD AND
EXCEPT A TRACT DESCRIBED AS FOLLOWS: BEGINNING AT THE QUARTER
CORNER POST DETWF.EN SECTION 2 AND II,TOWNSHIP 38 NORTH,RANGE 2
EAST OF W.M., RUNNING `]THENCE EAST ON THE LINE BETWEEN SAID
SECTION 2 AND 11 TO THE POINT WHERE THE COUNTY ROAD KNOWN AS
THE NORTHWEST DIAGONAL ROAD,CROSSES SAID SECTION LINE;THENCE
NORTHWESTERLY ALONG THE SOUTHWESTERLY SIDE OF SAID ROAD TO
THE POINT ON THE LINE BETWEEN THE SOUTHWEST QUARTER AND THE
SOUTHEAST QUARTER OF SAID SECTION 2 AT WHICH SAID ROAD CROSSES
SAID LINE;THENCE SOUTH TO THE PLACE OF BEGINNING.
SITUATE IN COUNTY OF WHATCOM,STATE OF WASHINGTON.
20211 1468
Pips. 3 of 3
lll08 0212.34 PH
orRC sal.ea
LP. EOM county. un
Roquot of RECtHFNRDT E6$
tiW, I i'
DEPARTMENT OF THE ARMY EXHIBIT B
w'1 , 'y SEATTLE DISTRICT,CORPS OF ENGINEERS oilf
i='. 4 P.O.BOX 3766
Aar
SEATTLE,WASHINGTON 98124.3755
,''''' REPLY TO APR 1 5 2013•ATTENTION OF
Regulatory Branch
Cornwall Church
Mr.Mike York
4518 Northwest Drive
Bellingham, Washington 98226-9056
Reference: NWS-201 1-1107
Cornwall Church
Dear Mr. York:
In an e-mailed correspondence dated January 28,2013,your agent requested a modification
to the approved mitigation for the referenced Nationwide Permit(NWP)39 verification issued to
you on August 15,2012. The work authorized was to place fill in 0.21 acre of wetlands to
construct additional parking facilities for Cornwall Church near Bellingham,Washington. You
requested a permit modification to revise special condition"b"requiring the implementation of
the mitigation plan titled,"Critical Areas Report, Habitat Functional Assessment, and Detailed
Conceptual Mitigation Plan,"revision dated February 29,2012.
We have reviewed your request and verified that this NWP still authorizes this project
provided you ensure that the work is performed in accordance with enclosed drawings dated
February 20,2013 and in accordance with the modified special condition listed below.
b. You shall implement and abide by the mitigation plan"Mitigation Plan, Cornwall
Church Parking Lot Expansion,"revision dated February 20,2013. Mitigation shall be
constructed before or concurrent with the work authorized by the permit.
i This NWP verification supersedes the verification authorized by this office on
I August 15,2012. All other terms and conditions contained in the original NWP verification
remain in full force and effect. Our verification of this NWP authorization is valid until March
l 18,2017 unless the NWP is modified,reissued,or revoked prior to that date. If the authorized
work has not been completed by that date,please contact us to discuss the status of your
authorization. Failure to comply with all terms and conditions of this NWP verification
invalidates this authorization and could result in a violation of Section 404 of the Clean Water
Act and/or Section 10 of the Rivers and Harbors Act. You must also obtain all State and local
permits that apply to this project.
-2-
A copy of this letter with enclosures will be furnished to Katrina Jackson of Northwest
Wetlands Consulting,LLC, 1214 Xenia Street,Bellingham,Washington 98229. If you have any
questions,please contact me at(360)734-3156 or via email at randel.j.perry@usace.army.mil.
Sincerely,
1
Randel Perry,Project Manager
Regulatory Branch
Enclosures
\ I
ra ¢ i&Ivolid C8
V
x Rd 4 `' AJdI I A Rd I E.Bally RI
g s i 1r
.c,„...
•
xl
g Ave
ftf .4
Guide C
Be� Itart+ Meridian
f Into floral
x 14l 1
4.
4. \
A eKWe,
I ib4td
0
W Bidoecn w Rd
Ielerldian
N•ti,a F eY•
n ;3' \ ,••-•.—
I Marlotta•Aiderwood t tt, 117 ei4
.".44\1:1
ip
fir,. j� . .- BudrwOpd C Club
; .
e e*` ?' u• pmh':. Park v.
-•.,;,,,i14„.44-1.4 .c.,iik . ..4.,.kf,;. 44‘ \ 1 '':'. fdanio 0, z. t?
Lai: 41.80652. Lo i '- III,S16'16 M
PRIYIN6 DIRECTIONS:
•
I. TAKE 1-5 NORTH FROM THE SEATTLE AREA TO BELLINGHAM, r
2. TAKE THE NORTHWEST DRIVE EXIT (EXIT 251). TH
5, CONTINUE NORTH ON NORTHWEST DRIVE FOR APPROXIMATELY 1.6 MILES;
CORNWALL GHURGH OF 6OD WIL1- 6E ON THE RIGHT. Cbr j r l-
P n
MAP . QuhGEI WWW,MAPS.GOOGLE,GOM (AGGE55E7 B-II-11) I WS•).0,*I- Ho 7
rrinuar mix . �DRAVN
Cr TAL
VIINITY W1' Akio DZIy11J5 DirtaGrIONS
HF ,? s M'PUCATMr TALASAEA T 1CF L:GI�A ATV
-ICAQ
Nr9 [95'i
nab
NAV[J
. Ir t
CONSULTANTS, INC. PRE/POSED raO,iecriC(7RNrIALL Clucl0 PAR'44 ]PAPtStCt1 DATE iteVIHSi]
Raionrog k ICnrirnnrnenl.l Planning PUf4OH6l PAR7.06 Lar kTEPAH5I17h1 12 IS 20k 1'20/+,3_ .∎
15020 Doer Croak hoed Narthex.' Araing3: 4516!4Y CJRIVC { f
Itnodln.11le, g..hlnatoe 0!077 ROMP / 11
Nu.(10e)e41-7440 - F' (4Yeleal-7610 C1rY CI PITY StATk NLA4 nI 4�
9t'L.i.I1LgIA i *iAr�]M FAA SLYER C T I
`fez t'uy,yrighI. - i',aleeee,, r'nneWl.nle. ICY'.
e 5G.2.-11-1..3G*i.Imo.2£,KIA.
SrLt1r
'' LEG NI,
I : g 1-e..L •: ' 1.
N
I AFT�f?OY i• L •� r f L —AFOPStTY LIKE
�� �i16E.OF UC- �-'' ✓. ,xy r-:c�,,,,,E xi
-
VEGE fr1TlON-� 1 L: :Y::J i,ETLARD
•
• `�. Ar r-7.7:7i EXISnN61�EILW0
v�! 1t. �.__ •-t 5P9 LOCATED B•r
-
• - MIT#SATION AREA 3 --:-TALASAEA(ALL
DETENn'ION - r pETUWD5 NITHIN
PC7NC5 % .! t. l9TI6ATION AREA)
rErLAHD
`ti `1 —a •_ 190.lL7ARY•
.,j. yl if�. +2 r "� —sTREAH,tITGH
NA
`. 1 C [:. y -r;_. E�(15TIN5 r
•�-� DIRT i t_`s CONTc R.
t
.6 . oAYEo J . Y•�<
_ AEIti:. i
+ •i
P ETt AND G O V t �' -
GATEEORY IV e {`C{•
2.1520 5F -- . I7', s ..
YETI.ANC7 ❑; � j_/r - I
CATEGORY IV - S`? - R
1569 5F F ii'; A* AARrIN6
'•��: PARKINS . 0
- IMPACT AREA :
LI
{,�� t .,F {{ F
kEILAND B Vii" —I
CATEGORY iV _1.—.—.. -.....�.,,..--L.-- ----
5414 9F '�' ----
CATEGORY IV ' NOTE kETLAND D IDENTIFIED BY W4ATCOM CQ) rY ..
IO9 5F ON SET` AND 7:::::BY DTN�i25 IN 2004
'FT�.ifRE TLtr.E I HAWK TMJ ••
EX15TING c. Ni `).O 1 E-E{ 7 AT77 I� I
CRT." TALASAEA "� ;J4V�AL?CNi�CJ+ R5 YfA7i7S[
CONSULTANTS. INC. aRnpesso T+RA1£Cr:Coatz+Aa a G sx�rs+PARKtrr6 E AxycK!Qere '
ii l gr�PiIPL's k Pilrii'onjiir W PI K
j Pl]RPOSre: P LOT J.•PAkSiPk h2-/+y.. w `Z -1.0/3
r60Ea Lear Creek Aare NercyrseE .� ! - ---
1 *■.I Lear •.w,a n.cur+ +<nDRess:.5rer I+i+DR,vE FIGURE`'��' dur td�alMl•7.LSS1-7u Is23 old;-:�{9 { -
;COL.--STY 1SPATE NEAR ¢� `
_9ELiIN5 I F.-u.:cO� I:(A [3LVe'tz C- Ec i2
'G-[trp...- .t • Tal...rwu en llrnt F, I .
'. 1(------------__'' (------F3°- GORNINALL
GWURGH,, .
4
.
HETL b G ' ri'•• qA-
CATEGORY IV .r ~ a-.
2/220 SF INETLAN. T7 Ii
'j • • CATEGORY IV i,K.-''-, L 1
rr r
C.• r' •.,r 14•1•••••••
fa jk/.1
r'' FROPO'3E`O PRoP05rE2
'l PARKING PARKING
PROPC3SE17 EXISTING
■ F'AF71�fN6 1+r-, PARKING
ii.‘ ti?ll57.
•+t: /STORM
LINE
. '.% (TYP)
PIPED
TRiBUrARY
1AETLANi7 15 ikw
CA TESORY iy .
90f4 9F •„ r
DlTC•I pfJ�
144
LE ENt ' L.• TL,ANCP A {
--PRor•!RTY L INE CATEGORY IV x
r•–•– 7•71 OR SF ON SITE `=xi
L. •
EXISTING WETLAND,
• -.1r••..7.�.• •IMPACTED INLAND(4,229 SP) C�F2APHIG SCALP WAIN r
L...:.L.....J (IN FEET)
il
f J��BUFFER ENHANCEMENT(4 360 SF)
•—•.3-..—STREAM/DITCH CENTERLINE 0 SO bO 12O c3
E°XI5TIN6 I'CONTOUR SCALE. I"=60' ,-- F.
• WETLANDS A,B.J C DELINEATED BY TALASAEA 4
SPRING 2011:I••ETLAND D IDENTIFIED BY HHATGOM SITE SURVEY PROVIDED BY FREELAND AND
GGI7NT• AND DELINEATED BY OTHERS IN 2001 ASSOCIA FES,BELLINGHAM,HA
•DEvEt..p'r- N1 II AcJS NW$-,�.O11. 110 1 ATV x 1 7.
rtullxs TITLE 11E7� TALASA1A R'"" 1Arzu1:Ar(r - A 0A171?"-- ,.,1
i TO cpl1HHAW-GFRIRCH AS 5140S-N HAVOBB t�•
- CONSULTANTS, INC. Pl1oPOEtl7 PPOJBCrtcaRt ALL CktPfH pARK[NB ChPANSiCN MR -(i6V SI:U
K
Reaaurn• I R> (ronlnanlal Plannlns rUIWPtIC: PARKIN9 IOT EXPAR5tON I M•— Gf1 ZIP/i3 p
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MITIGATION PLAN
Cornwall Church
Parking Lot Expansion
Whatcom County MIT2012-1
CUP2012-1
Corps Ref. # NWS-201 1 1-1 1 07
Prepared for:
Cornwall Church
4518 Northwest Drive
Bellingham, Washington 98226
380202 282007, 380202 358085, 380202 41033
Prepared by:
NWC, LLC
1214 Xenia Street
Bellingham, WA 98229
(360)510-1605
January 28,2013
Revised 2/20/2013
EXHIBIT C
2
TABLE OF CONTENTS
1.1 RESPONSIBLE PARTIES
1.2 EXECUTIVE SUMMARY
1.3 PROPOSED DEVELOPMENT PROJECT
1.4 ASSESSMENT IMPACTS / COMPENSATION
1.5 MITIGATION APPROACH
1.6 MITIGATION SITE PLANS
1.7 GOALS, OBJECTIVES, AND PERFORMANCE STANDARDS
1.8 MONITORING PLAN
1.9 SITE PROTECTION
1.10 MAINTENANCE AND CONTINGENCY PLANS
1.11 FINANCIAL ASSURANCES
ATTACHMENTS:
VICINITY MAP
SITE OVERVIEW AERIAL
WETLAND IMPACT
SITE PHOTOS
MITIGATION EXHIBIT
3
1.1 RESPONSIBLE PARTIES
Applicant: Cornwall Church,4518 Northwest Drive, Bellingham,WA 98226
Wetland Delineation for project area:Talasaea Consultants, Inc.
Mitigation prepared by: Northwest Wetlands Consulting, Bellingham,WA, 360-510-1605
Party(ies)responsible for monitoring, long-term maintenance, and contingency plans:
Cornwall Church
1.2 EXECUTIVE SUMMARY
The project is located in SEC 02, T 38N, R 02E of W.M.Whatcom County,WA.
WRIA: 1 /Basin: Puget Sound
This document provides a proposal for mitigation wetland/buffers impacts associated with fill of
a Category IV low quality degraded wetland. Parking expansion is required to meet the need of
continued growth of the existing church complex. Multiagency guidelines allow for 6:1 en-
hancement replacement for filling Category IV wetlands. This will be the most simple, ecologi-
cal,and economically viable option.
As set forth in WCC 16.16.680"Compensation for wetland buffer impacts shall occur at a mini-
mum 1:1 ratio."Whatcom County regulated buffer impact of 30,000 SF(0.69 AC)shall be com-
a pensated by 0.69 AC of wetland/buffer enhancement.
The plan is revised to address MFR CENWS-OD-RB February 14, 2013. USACE.
1.3 PROPOSED PROJECT
The project adds 126 additional parking spaces and associated stormwater facility--3 rain gar-
dens on the church site.The existing conditions of the proposed area is a mowed field with 4
small wetlands.
Three sides are developed and potential future development of the unimproved road right-of-
way south of the field will completely disconnect the area from other habitats. Project can not
be developed without filling three of the four wetlands.
1.4 ASSESSMENT IMPACTS/COMPENSATION
Wetland Impact--9223 SF--highly degraded low quality Category IV
Compensation--1.27 AC of wetland enhancement ratio of 6:1 enhancement to impact.
Buffer Impact--30,000 SF(0.69 AC)--highly degraded mowed grass in impact area currently
provides poor connectivity to other habitats, lacks diversity, and is disturbed and in a land-
scape position surrounded by development.
Compensation of 0.69 AC of wetland/buffer provides a ratio of 1:1 and will be established in
wetland/buffer connected to wooded upland/wetland complex which is relatively undisturbed.
Water Quality
The existing wetland/buffer to be filled provides minimal water quality function because the run
-off from impervious surfaces and surrounding development is directed elsewhere. Low grass-
es provide minimal watershed improvement. Grass buffer provides infiltration opportunity at a
low level. Mitigation increases the canopy coverage of native woody species and increases the
4
capacity for the acreage to uptake direct precipitation and surface run-off. The canopy of trees
and shrubs increase shade and help moderate temperature of ground water.
Sediment Removal: Regularly short mowed grasses have low potential for sediment removal.
No tilling, cropping, or other long term source of sedimentation is indicated in close proximity.
Area to be mitigated is highly invaded with reed canary grass which provides high water quality
potential for removing sediments when the stems are rigid. No significant improvement in sedi-
ment removal opportunity is anticipated.
Toxicant Removal: Area to be filled rates low; potential that maintenance practices may add
chemical fertilizer and herbicides exists currently.
Enhancement will install native hardy species capable of thriving without additional chemical
amendments. Native woody species will have shallow spreading roots and the variety of spe-
cies have potential to take up a broader range of toxins. Overall potential for reduction of toxins
in the watershed is anticipated, while no specific source of toxins is indicated.
Hydrologic
Pasture grass provides poor water retention and minimal infiltration in heavy mineral soils in
the area to be impacted due to shallow pan structures. Hydrologic functions in the watershed
are primarily a function of overall tree canopy.
Above ground biomass in enhancement will improve water absorption capacity which can be
transpired slowly through evapotranspiration. Woody species installed, especially in the buffer
areas, are expected to increase the capacity of infiltration.
A high volume of direct precipitation is able to be captured in a tree canopy--approximately
50%of the direct precipitation on average may never reach the ground. Young aggressively
growing woody species uptake high volumes of water in the early years of a mitigation plant-
ing, and levels stabilize at maturity.
Habitat
Production of Organic Matter and it Export:rates low currently in the area to be impacted and
rates low in the field to be mitigated.
Enhancement will improve the production of organic matter, enriching soils, and providing ad-
ditional nutrients to surrounding waters. Quantity of leaf matter, twigs, and downed woody de-
bris are expected to improve.
General Habitat Suitability: rates low under current conditions and exposure in the area to be
impacted.The mitigation area rates low currently but is a good choice because of opportunity
for connectivity to forested upland,wetland areas offsite, and a tributary to Silver Creek.
Establishment of a tree/shrub stratum is anticipated to improve habitat for urban mammals and
a variety of bird species by widening buffers to existing habitat, adding cover, nesting sites,
perches, and food web support.
General Fish Habitat: Moderation of temperatures of ground water and run-off is anticipated to
improve as part of this mitigation effort and expected to be a general watershed improvement
as shade increases long term.
5
1.5 MITIGATION APPROACH
Mitigation Sequencing
The lowest functioning portion of this site was selected for development. It is also well oriented
to existing development. In contrast to other portions of the site the elevation change between
the church entrance and the parking expansion area is minimal. Parking in this location will im-
prove accessibility for the elderly and the disabled portion of the congregation. The project lo-
cation is dependent upon existing property and structures and no area that would be less im-
pactive could be found.
Alternative options which might have included purchase of land across the street were dis-
missed In the early planning stages.Absent of safe passage across Northwest Avenue,which
does not exist currently,the church going families could not be expected to safely cross.A sky
bridge would be cost prohibitive at this time. Wetlands and wetland buffers exist west of North-
west Drive, and unencumbered buildable land may not have been available for purchase.
Utilizing the southwest field and minimizing the number of parking spaces for avoidance or re-
duction of direct impact would not have been an effective plan for protection of the already dis-
connected units and disturbed buffers. Functional losses to already poorly functioning units
would result from human activity in closer proximity than exists currently.Additional spaces
would have to be found elsewhere in any event if the field were not fully utilized. Alternate lo-
cations are problematic for various reasons including wetlands,forested cover, and topogra-
phy. If parking can not be expanded on the existing church site,the church would need to
move to a new location. It is unlikely that a site of this size In Whatcom County could be devel-
oped without some impact to wetlands and 0.21 acres impact to low quality degraded wetlands
would be small compared to the new wetland impact likely required at a new location.
Degraded wetland areas exist northwest and north central of the existing church and have
connection to an offsite fish bearing stream. Moderately well functioning forested and scat-
tered wetlands are found in the northeast corner of the site. Distance from the church entrance
and moderately steep topography are problematic.The church would prefer not to cut these
trees at this time. Cutting trees would be impactive to functions in the watershed.Trees on up-
lands provide good quality infiltration. Opting for impact to an area lacking habitat connectivity
in the southwest corner is less impactive.
The church land extends eastward of this existing parking area. Under current development
the outer parking is greater than 270 feet from the entrance to the church. The parking would
have been a long distance to walk on hilly terrain.The upland grassy areas is narrow.The for-
est in the southeast supports several moderately functioning PFO units.To accomplish an
equal number of parking spaces,forested cover would have been eliminated and impact to for-
est wetlands, and/or forested buffers would have been unavoidable and more impactive than
the selected impact site in the southwest corner of the property.
Mitigation Selection
Based upon the Corps'current policies,the preferred order of consideration for compensatory
mitigation is 1)use of mitigation bank credits, 2)use of in-lieu fee program credits, 3)permitte
responsible mitigation under a watershed approach,4)permittee-responsible mitigation,on-
site and in-kind,then 5)permittee-responsible mitigation, off-site and out-of-kind.
Whatcom County Code 16.16.680.F. "...Compensatory mitigation shall be provided on-site or
off-site in the location that will provide the greatest ecological benefit and have the greatest
6
likelihood of success, provided that mitigation occurs as close as possible to the impact area
and within the same watershed as the permitted activity..."A waiver would require watershed-
or landscape-based analysis.
Mitigation selection of a creation based mitigation proposed in the northeast portion of the site
is not acceptable to the Washington Department of Ecology. Correspondence dated
11/01/2012.
"With regards to the proposed impact to the filling of the highly degraded low-quality Category IV wetland for the
expansion of the Church parking area,the Department of Ecology(Ecology)does not take issue. Ecology does
not agree with the arguments for mitigation in the Northeast corner of the site adjacent to an existing forested wet-
land in an existing forested buffer...for the following reasons:
Expanding on existing wetlands does not ensure that there will be adequate wetland hydrology. In fact,there are
circumstances when excavating next to a wetland actually dries out the existing wetland. A water budget
would need to be developed by a hydraulic engineer or similar in order to assure that there would be enough
water for both the existing and created wetland.
The existing wetland and buffer in the northeast corner is not in need of restoration or repair. The wetland mosaic
is functioning very well currently,and the introduction of large machinery,excavation,and compaction will
not be a benefit to this system.
If the existing canopy cover in the forest will prevent future colonization by non-native blackberries,we question
why they are present and thriving under the canopy now.
We do not agree that the proposed mitigation site would be stable and functioning at"close to the final mature con-
dition within the first year after completion". It is likely to take the site several years post construction to
recover from the drastic disturbance caused by large machinery,etc. The reed canarygrass(RCG)wetland in
the northwest part of the site,if properly prepped and planted with successional species should have signifi-
cant cover of native woody species within a few years. Then it would be on a trajectory toward a stable,suc-
cessional community.
The argument that wetland creation in the northeast part of the site would be cheaper than wetland enhancement in
the northwest part of the site is based on an unrealistic approach to enhancement on this site. We would not
advocate or even approve large-scale excavation of the RCG to a depth of 18 inches. In addition,several de-
ciduous species such as cottonwood,willow and red osier dogwood,can be installed as live stakes or whips,
which are very inexpensive. Given the degree of wetness of the area as observed from Northwest Avenue,
irrigation would not be necessary if planted in the proper time of year. There would be maintenance costs,but
they could be minimal if the site is properly prepped and maintenance is not ignored for an extended time peri-
od. In addition,planting and maintenance could be completed or at least assisted with the use of youth groups
from the congregation if desired. Clearing planting areas,installing whips and future maintenance of the
planting areas do not require high levels of skill.
Ecology relates that enhancement mitigation in the northwest corner of the site in an existing
degraded wetland is a simpler and more ecologically and economically viable alternative.
Additionally,the Department of Ecology would not require an individual 401 Certification for the
plan as outlined in the January 20, 2013 proposed plan enhancement of existing wetland.
Creation is likewise not proposed in the northeast corner as part of the mitigation because suc-
cessful creation would require deep excavation and removal of RCG infested soils which would
not only be costly but not likely approved by WDOE. The development project provides no ad-
ditional source of hydrology and no guarantee can be made that occasional to seasonal hy-
7
drology currently found in the shallow pan structures will be adequate to sustain an adjacent
newly created wetland. Per guidance found in Wetland Mitigation in Washington State, March
2006,"enhancement only is an acceptable compensation for permanent loss of Category IV
wetlands at a 6:1 ratio,which is proposed in this plan.
While we acknowledge that the Lummi Nation Wetland and Habitat Mitigation Bank is now
available and that this project falls within the service area,this is a recent opportunity for this
region and was not available for this project during earlier mitigation proposals. In the early
stages of the mitigation bank the Lummi Bank will enhance existing wetlands and preserve ex-
isting wetlands. Credits are selling for$250,000 and discount is not available for non tribal
member projects.The universal ratio for Category IV is 0.85.On this basis,the 0.21 acre of fill
would cost$44,625.Archeological would need to be satisfied prior to application to assure a
minimum approval time of one month. Purchase is project specific and credits can be pur-
chased at 1/100th of acre units. The bank can be selective and no guarantee of approval for
purchase of credits exists.The buffer enhancement proposed in this plan is to offset loss to
Whatcom County buffers and could be managed at 1:1 on the church site and is a separate
issue. Because the church already owns mitigation land and has a congregation able to volun-
teer labor and/or provide services and supplies at cost or donation,the cost savings for permit-
tee responsible on-site mitigation is significant as compared to purchase of bank credits.
No in-lieu fee or watershed program is available.
The largest portion of the enhancement plan is located near the road. A dense diverse plant
community will provide prefiltration of potentially toxin laden road dust and vehicle exhaust pri-
or to entering fish habitat or higher functioning forested wetlands and is well located based up-
on opportunity to provide toxin removal functions and adequate hydrology for an enhancement
project.
Mitigation projects along the Northwest Drive corridor are excellent options because of land-
scape position of low density development and over 600 acres of surrounding forested wet-
lands, scrub shrub wetlands, and associated buffers, emergents wetlands and upland pas-
tures.Within the past 10 year black bear was even spotted on a property near Northwest
Drive. Because several high functioning wetlands areas are found in proximity to the selected
mitigation site this mitigation can mutually support the functions of the whole system. Currently
one new enhancement project in wetlands/buffers along the stream corridor exists west of
Northwest Drive in close proximity.The church mitigation project will be supportive of the water
quality functions provided by the adjacent habitat project.
Finally, habitat education opportunities exist with the on-site wetland enhancement project as
proposed.The mitigation project will be in full public view by many Whatcom County residents
in the region passing by on route to the County Planning office.Also,the installation and care
of the mitigation is anticipated to have high participation by members of the congregation in-
cluding the youth group. Enhancement planting is simple enough to be managed by unskilled
workers and avoids use of heavy equipment. Long term, a successful mitigation installation
will minimize the regular weed maintenance in the northwest portion of the site and will be a
cost savings to the church. Aesthetically the site will be enhanced by native landscape.
Landscaping of the church grounds currently demonstrates successful establishment of a good
variety of a native dominant shrub community and is well maintained. The organization has
therefore demonstrated historically successful establishment of a native woody plant communi-
ty on site and are good candidates for stewardship of their own mitigation effort on site.
8
1.6 MITIGATION SITE PLANS
The north and northwest portion of the property covering 85,338 SF(1.96 AC)will be en-
hanced with native trees/shrubs. At least 1.27 acres of the total will be wetland enhancement.
The plan considers the most cost effective, aesthetic option, and minimizes maintenance costs
to increase the potential for success.The selected mitigation area appears to have sufficient
hydrology to support the establishment of live-stake plantings.
Given the poor condition of the impact area and the dominance of RCG in the Ecology pre-
ferred mitigation site, RCG will be managed at the time of planting and performance standards
related to survival of newly planted species, only will be required.
Trees at a"sparse"density(18 ft.o.c.)and shrubs at an"average" (6 ft. o.c.)results In 263
trees/1333 shrubs.Tight groups of 15-25 stakes in a group will require planting small dense
areas within the RCG wetland and grassy buffers. Eventually these clumps are expected to
push outward increasing coverage and gradually overtake the RCG. Meanwhile maintenance
between the clumps would be more easily accomplished,although will not be required at any
greater intensity than needed for survivalship of the newly planted species.
Table 1. LIST OF PLANTS--Enhancement
Common name Scientific Name Size minimum Spacing min Moisture #
Tolerance
Black Populus balsamlfera 3'stake or 4'oc Wet-moist 150
Cottonwood spp trichocarpa bare root
Sitka spruce Picea sitchensis 18-24" 1 per shrub Moist 50
bare root group
Shore pine Pinus contorta - 18-24" 18'oc Moist-dry 50
bare root
Douglas Fir Pseudotsuga menziesii 18-24" 18'oc' Dry 25
bare root
Dogwood Comus stolonifera 2-3'stake 1'oc Wet-dry 400
Red bark 20-25#per
Pacific willow Salixlucida 2-3'stake 25 SF Wet-moist 200
Yellow-green bark-tall grouping
Hookers willow Salix hookenana 2-3'stake Wet-moist 250
Geyer's willow Seitz geyeriana 2-3'stake Wet-moist 250
Sitka Willow Salix sitchensis 2-3'stake Wet-moist 233
Planting specifications
1. Planting area will be prepared by mowing and then sprayed with a water safe herbicide by
a licensed technician in early spring when the green springs are about 6-12 inches high.
The planting areas will then be treated a second time in early fall.
2. Areas typically inundated 1'or greater for long duration during the wet season will be void-
ed from planting zone(NW corner.)
3. All shrubs will be planted in dense groupings 1'oc. Size of each grouping plot will be 25 SF
on average(20-25 plant stakes will be planted in a 25 SF plot.)
9
4. One Sitka spruce will be planted in each of 50 of the shrub clumps.
5. Black cottonwood will be planted in dense grouping 4'oc. min.
6. Wood chips or mulch will be laid into the planting areas 4"depth.Alternatively equivalent
weed barrier biodegradable fabric may be utilized.This will form a patchwork of circles for
the shrubs in the field, help maintain weeds prior to planting season, and visibly mark the
planting areas for the volunteer planting party.
7. Cuttings(stakes)should be planted mid January to March,or per nursery instructions. If
planted in autumn the risk of rot is high.The stake will be inserted point down (buds up)
and inserted at least 50%of its length.2 or 3 buds should be exposed.The soils around
the cutting should be tapped down to assure good soils contact.
Minor changes In native plant species may be made based upon availability.Any changes
must meet agency approval. Plant material shall be obtained, when possible,from local native
plant nurseries.
Weed control
Once the plants are installed,the maintenance of invasive RCG shall be performed by mowing
around each individual conifer or shrub/tree grouping 2 foot wide path for a minimum mainte-
nance protocol biannually. Mid level control would add mowing the field as is current practice
having care to mow around the native plants. Increased level of maintenance adds spot treat-
ment by a licensed technician around the outer edge of the individual trees or planting groups
with glyophosate biannually for the first 3 years, then once annually years 4 and 5 as needed.
1.7 GOALS, OBJECTIVES,AND PERFORMANCE STANDARDS
Long term goals
The goal of this mitigation is to increase the diversity and structure of the habitat and improve
water quality in the watershed by increasing coverage of woody native species.A low quality
degraded grassy wetland and buffer will be improved to at minimum a two class PEM/PSS
wetland/buffer system,
Specific Goals, Objectives, and Performance Standards
Goal 1:The compensatory efforts increase the coverage of woody species in wetlands in the
watershed.
Objective 1: Compensatory efforts shall enhance 1.27 acres by establishing a stand of native
shrubs and native tree species at the Cornwall Church site.
Performance standard 1a: Survivalship/coverage shall be at least,
Year 1...100 percent survival
Year 2...90 per percent survival
Year 3...90 percent survival
Year 5...85 percent survival/20%coverage
Year 7...85 percent survival/30% coverage
Year 10...85 percent survival/40%coverage
Volunteer species of appropriated species can be counted for dead or distressed
plants.
Performance standard lb:At least 2 native tree species and 4 native shrub
10
species will be established by year 3 in the wetland enhancement.
Performance standard 1c:Wetland hydrology shall be evidenced by indicators outlined
in the Army Corps of Engineers Wetland Delineation Manual and Western Washington
Regional Supplement years 3,4, and 5.
Objective 2: Compensatory efforts shall enhance 30,000 SF(0.69 AC) of wetland/buffer.
Performance standard 2a: Survivalship/coverage shall be at least,
Year 1...100 percent survival
Year 2...90 percent survival
Year 3...90 percent survival
Year 5...85 percent survival/20%coverage
Year 7...85 percent survival/30%coverage
Year 10...85 percent survival/40%coverage
Volunteer species of appropriated species can be counted for dead or distressed
plants.
Performance standard 2b:At least 2 native tree species and 1 native shrub
species will be established by year 3 In the upland buffer.
Objective 3: Compensatory efforts shall establish a moderately diverse native woody plant
community.
Performance standard 3a: Invasive blackberry(Rubus armeniacus, R. lanciniatus)
shall not exceed,
30%aeria cover at the end of year 1
25%aeria cover at the end of year 2
20%aeria cover at the end of year 3
15% aeria cover at the end of year 5
10%aeria cover at the end of year 7
10%aeria cover at the end of year 10
Performance standard 3b: Mitigation site shall exhibit 0%coverage of purple
loosestrife and Japanese knotweed at the end of years 1,2,3,4,5,7, and 10.
1.8 MONITORING PLAN
The objectives of monitoring are to verify all design features, as agreed to in the plan, have
been correctly and fully implemented,and that any changes made in the field are recorded and
consistent with the intent of the design of the mitigation. A qualified specialist shall supervise
mitigation planting and follow-up. The qualified specialist should check the boundaries and re-
solve necessary minor adjustments to the plans to allow them to conform to changing field con-
ditions, advise the contractor during construction to adhere to the mitigation plan,and resolve
any problems that may develop during the project.
Upon completion of mitigation project installation,the permittee should contact a qualified spe-
cialist, so that an"as-built"report can be completed.At one year after the approval of the,as-
built, monitoring will commence.Vegetation and signage shall be monitored once per monitor-
ing period years 1,2, 3, 5, 7, and 10.Whatcom County monitoring includes years 1, 2, 3,4, 5.
If performance standards are on track permittee may submit a request for release from moni-
toring prior to the agreed monitoring period, agency(ies)may determine additional monitoring
tl.
11
is not required. Reports shall be submitted by December 31 of any monitoring year to the Seat-
tle District Corps of Engineers.
Photo points shall be selected at the time of as-built and photo documentation shall be com-
pleted at these same locations for comparison each monitoring period.
1.9 SITE PROTECTION
In accordance with code provisions,the mitigated area shall be placed in a conservation ease-
ment filed with the County Auditor. A sample pre-approved form is available on the Whatcom
County website.
Native growth protections signs as located on the Mitigation Exhibit shall be placed at approxi-
mately one per every 200' and designed as per Whatcom County specification,see Appendix
C of the Critical Areas Ordinance.
The mitigation site is located in a portion of the site which has demonstrated years with no
negative human incursion in spite of surrounding existing development.The deep roadside
ditch, the undulating topography, and wetness discourage human activity near the mitigation
site. No added benefit can be found to justify the added expense or separation by fencing.
Likewise a thorny vegetative border would be difficult to maintain in the RCG and survival chal-
lenged with no evidence that protection would increase by this effort. Site is highly visible from
the road heavily travelled by Whatcom County officials daily and will be monitored regularly as
per schedule a will be adequate to assure human intrusion does not become a problem.
1.10 MAINTENANCE AND CONTINGENCY PLANS
Regular site maintenance is a crucial component to ensure mitigation site success.
The plantings will be monitored for viability, competition from weeds, rodent damage, bare
patches,vandalism, drought, herbicide damage,mowing damage, and deer browse. Correc-
tive actions will be taken as part of the maintenance program to maintain survival of plants.
Plant condition should be inspected during each growing season as soon as the plants have
had adequate time to leaf out.
Plants shall be replaced during any period a short fall is noticed. Some loss is anticipated;
therefore, maintenance replanting is anticipated. Clearing circles around each grouping plot
and each conifer or conifer group shall be 2'wide and maintenance shall be at minimum on a
bi annual basis for the first 3 years, once annually years 4 and 5.
Most of the mitigation area is reasonably well hydrated. In order to improve survivalship. Plants
installed in the drier upland buffers should be watered during any droughty period receiving
less than 1"per week rainfall during at least the first and second years after installation, until
trees and shrubs have had adequate time to develop strong root systems.
It shall be the responsibility of those carrying out the maintenance to report"problems"in a
timely manner to allow mid-course corrections as agreed upon by a cooperative effort among
the permittee,wetland consultant, landscape team,and Whatcom County and the Corps of
Engineers. Contingency may include additional planting to replace dead or distressed plants to
meet performance standards. Contingency may include plant substitution of type, size,quanti-
ty, and location and must be approved by the permitting agencies.
Long term some tree thinning in the buffer area may be required as part of landscape practices
to preserve and protect the best conifer specimens if they become crowded years 7-15. What-
12
corn County should be notified prior to performing this action. Performance standards as
agreed will not be compromised by this act.
RCG shall be managed at a level to assure the survival performance of the newly established
plants is not threatened.
1.12 FINANCIAL ASSURANCES
The applicant shall post an assignment of saving surety in the amount of 125%of the estimat-
ed cost of the uncompleted actions. Surety shall be based on initial cost estimate of the mitiga-
tion action including plant materials, plant installation, weed control, monitoring, and/or other
related costs. Surety allowance shall remain in effect until Whatcom County determines in
writing, that the standards for the bond requirement have been met at duration limit detailed in
the code.
Plant materials(1333 shrub stakes @.75) 1 $ 1026.41
(263 tree @$2.50) 1I 657.50
Mulch 25 c.y. @$40/c.y. 1000.00
Site preparation 1.96 AC @$450/AC 882.00
Native growth protection signs 7@ 65 455.00
Maintenance$300/AC @ 8 2400.00
As-built and first 5 years monitoring reports 2700.00
Subtotal 9120.91
25% Contingency 2280.23
TOTAL --------- $ 11,401.14
This price quote is for budgetary purposes only,and not intended or implied as a contract for services.
LIMITATIONS
This report is based upon information collected in the field and obtained from manuals and
publications produced by Federal, State, and Local agencies pertaining to the process of wet-
land mitigation. Conclusions are the professional opinion of the author(s)subject to approval
by appropriate agencies.
13
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VICINITY MAP Proposed:Wetland/Buffer Fill
Reference:Whatcom County MIT2012-1
SEC 2, T 38 N, R 02 E Corps Ref#: NWS-20111-1107 ,.
44°48.389'N /122°31.080'W Project: Parking Expansion I ''l f
Permittee: Cornwall Church _
02/20/2013 4518 Northwest Drive
Northwest Wetlands Consulting LLC,
Sheet 1 of 5 Bellingham WA
nwckatrina @comcast.net
360.510.1605
14
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SITE OVERVIEW Proposed:Wetland/Buffer Fill
Reference:Whatcom County MIT2012-1
SEC 2, T 38 N, R 02 E Corps Ref#: NWS-20111-1107
44°48.389'N /122°31.080'W Project: Parking Expansion
Permittee: Cornwall Church
02/20/2013 4518 Northwest Drive
Northwest Wetlands Consulting,LLC
Sheet 2 of 5 Bellingham WA
nwckatrina@comcast.net
360.510.1605
, � may+ e`_
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Buffer-30,000 SF H
Corps Ref#:NWS-20111-1107 .k% i,., • j
Project:Parking Expansion -�=._ i__ _ _ z
Permittee:Cornwall Church lk
‘ _ _ '
4518 Northwest Drive ► , -
Northwest Wetlands Consulting, LLC �. 2—r..-ON w:s............ 5-•
l3ellingham WA - v- - �_.
nwckatrina@comcastnet • Tr rr v. -r r
360.510.1605 N +►,, -"
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Northwest Drive(left above)
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Mitigation area taken from mid front field Facing `
north toward north property line(right)
SITE PHOTOS Proposed:Wetland/Buffer Fill
Reference:Whatcom County MIT2012-1
Corps Ref#:NWS-201 1 1-1 1 07 a fi'K, r {
02/20/2013 Project:Parking Expansion ' i j
Sheet 4 of 5 Permittee:Cornwall Church , J j., j
4518 Northwest Drive
Northwest Wetlands Consulting,LiC
Bellingham WA
nwckatrina'acomcast.net
360.510.1605
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