Loading...
HomeMy WebLinkAboutord2012-055 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012-371 CLEARANCES Initial _ Date Date Received in Council Office Agenda Date Assigned to: Originator: f , E. Stroebel Cs 10/3a/1Z.- <] 11 / 20 / 12 ITInttoduction Division Head: C. Brueske V 12 / 4 / 12 Hearing Dept. Head: ��9� 0 J0.0 F Abart NOV 09 2012 Prosecutor: 4ut i I ' WHATCOM COUNTY Purchasing/Budget: COUNCIL B. Bennett Executive: J. Lows TITLE OF DOC E : Ordinance Amending Whatcom County Code 16.20 Whatcom County Shellfish Protection Districts ATTACHMENTS: Memorandum, ordinance, and related exhibits SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( ) 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 attached ordinance extends the sunset date for the Drayton Harbor, Portage Bay, and Birch Bay Shellfish Protection Districts to December 31 , 2014. Public Works - Natural Resources staff recommends the continuation of the shellfish protection districts and feels the work of these groups are vital in identifying and addressing pollution sources that are affecting nearshore marine environments. These districts are also essential to the reclassification of downgraded shellfish areas to approved status and to protecting threatened shellfish areas from future downgrades. COMMITTEE ACTION: COUNCIL ACTION: 11 / 20 / 2012 : Substitute Introduced 12 / 04 / 2012 : Council Adopted 7 -0 Ord . 2012-055 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 95-036, 98-069, 2000-028, 2002-069, 2004-061, 2007-003, 2008-055, 2009- 042, 2010-046 Ord . 2012-055 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. Ordinance: Amending WCC 16 .20 Whatcom County Shellfish Protection District • 1 Tenth Drayton Harbor/Portage Bay/Birch Bay Shellfish Ord . 2012 SPONSORED BY: Consent 2 PROPOSED BY: Public Works 3 INTRODUCED : 11 / 20 / 2012 4 5 6 ORDINANCE NO . 2012- 055 7 8 AMENDING WHATCOM COUNTY CODE 16 . 20 9 WHATCOM COUNTY SHELLFISH PROTECTION DISTRICT 10 11 WHEREAS,. on July 18, 1995, the Whatcom County Council adopted 12 Ordinance 95-036, creating the Drayton Harbor Shellfish Protection District, with a 13 sunset date of December 31 , 1998; and 14 WHEREAS, on March 24, 1998, the Whatcom County Council amended the 15 Whatcom County Code Chapter 16 . 20 to create the Portage Bay Shellfish Protection 16 District; and ' 17 WHEREAS, on May 26, 2010, the Whatcom County Council amended the 18 Whatcom County Code Chapter 16 . 20 to create the Birch Bay Shellfish Protection 19 District; and 20 WHEREAS, the Whatcom County Council subsequently adopted Ordinances 98- 21 069, 2000-028, 2002-069, 2004-061 , 2007-003, and 2008-55, each extending the 22 sunset date for the Drayton Harbor and Portage Bay Shellfish Protection Districts by two 23 years; and 24 WHEREAS, on October 12, 2010, the Whatcom County Council subsequently 25 adopted Ordinance 2010-046 extending the sunset date for the Drayton Harbor, 26 Portage Bay, and Birch Bay Shellfish Protection Districts by two years; and 27 WHEREAS, numerous efforts have occurred in the Drayton Harbor, Portage Bay, 28 and Birch Bay Shellfish Districts to eliminate or reduce pollutants that are affecting the 29 shellfish beds, through improved partnerships, cooperative efforts and increased 30 community involvement; and 31 WHEREAS, work needs to continue to ensure that approved shellfish harvest 32 areas maintain "approved" status, and remaining "conditionally approved" and 33 "prohibited " areas are reopened, and 34 NOW THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 35 sunset dates for the Drayton Harbor Shellfish Protection District, the Portage Bay 36 Shellfish Protection District, and the Birch Bay Shellfish Protection District shall be 37 extended to December 31 , 2014, as indicated in Exhibit A to this Ordinance . I:\NATURAL RESOURCES\03-MARINE\Shellfish\Ordinances\1Oth SPD ordinance.final.docx 38 ADOPTED this 4th day of December , 2012. 39 otttIitiIii,, 40 �,�\ • .C 0 U "/ WHATCOM COUNTY COUNCIL ' t WHATCOM COUNTY, WASHINGTON• 42 . : - . • c• 43 , -7.-71Z) , ( .. 4121/ ° -7; ictt.:; .._ _ c_____frce______ 44 h �y��,,• al: 45 CleEk of the ThL�nci o Kathy Kershner, Council Chair 46 -/p ® ° . . sHING . ° ° `c: 48 APPROVL /A►, , TQ, o ISM: Approved ( ) Denied 49 501 kiA210 7.7 d •••a■••■••■ 52 Daniel L. Gibson Jack Louw - 53 Senior Civil Deputy Prosecuting Attorney County Ex - c • 54 I.\NATURAL RESOURCES\03-MARINE\Shellflsh\Ordinances\lOth SPD ordinance.final.doc 2 55 Chapter 16. 20 56 • WHATCOM COUNTY SHELLFISH PROTECTION DISTRICTS 57 Sections : 58 16 . 20 . 010 Establishment and authority of district. 59 16 . 20 . 015 Purpose . 60 16 . 20 . 016 Establishment of program . 61 16 . 20 . 020 District boundaries . 62 16 . 20 . 040 Revenue authority. 63 16 . 20 . 045 Collection of charges or rates and exemptions. 64 16 . 20 . 050 Sunset date and dissolution of district. 65 16 . 20 . 060 Relationship with other entities . 66 16 . 20 . 065 Advisory groups. 67 16 . 20 . 090 . Severability. 68 16. 20 .010 Establishment and authority of district. 69 There is hereby established the Drayton Harbor, Portage Bay, and Birch Bay shellfish 70 protection districts under the authority of Chapter 90 . 72 RCW, Shellfish Protection 71 Districts. (Ord . 2010-046; Ord . 2009-042 ; Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; 72 Ord . 2004-061 ; Ord . 2002-069; Ord . 98-019 Att. C; Ord . 95-036) . 73 16. 20 . 015 Purpose. 74 The purpose of these districts is to provide services to citizens experiencing nonpoint 75 pollution of surface water drainages and coastal waters and to implement those 76 portions of the Drayton Harbor, Portage Bay, and Birch Bay closure response strategies 77 necessary to allow removal of the Drayton Harbor, Portage Bay, and Birch Bay 78 downgrades. (Ord . 20120-046; Ord . 2009-042; Ord . 2008-055 Exh . A; Ord . 2007-003 79 Exh . A; Ord . 2004-061 ; Ord . 2002-069 ; Ord . 98-019 Att. C; Ord . 95-036) . 80 16. 20.016 Establishment of program . 81 The Birch Bay Initial Closure Response Strategy, dated April 28, 2009, is hereby 82 adopted as the Birch Bay shellfish protection program . The Portage Bay Initial Closure 83 Response Strategy, dated February 10, 1998, is hereby adopted as the Portage Bay 84 shellfish protection program . (Ord . 2010-046; Ord . 2009-042 ; Ord . 2008-055 Exh . A; 85 Ord . 2007-003 Exh . A; Ord . 2004-061 ; Ord . 2002-069; Ord . 98-019 Att. C) . 86 16. 20. 020 District boundaries. I:\NATURAL RESOURCES\03-MARINE\Shellfish\Ordinances\10th SPD ordinance.final.dooc 3 87 The Drayton Harbor shellfish protection district shall be the approximate area included 88 in the Drayton Harbor watershed and contained within the boundaries that are declared 89 as follows : 90 Commencing on the forty-ninth parallel at the point dividing the American and Canadian 91 territory in the Gulf of Georgia; thence easterly along said international boundary line to 92 the intersection of Markworth Road ; thence southerly along the centerline of Markworth 93 Road to the intersection of Badger Road; thence easterly along the centerline of Badger 94 Road to the intersection of Glendale Road; thence southerly along the centerline of 95 Glendale Road to the intersection of Loomis Trail Road ; thence westerly along the 96 centerline of Loomis Trail Road to the intersection of Bob Hall Road ; thence southerly 97 along the centerline of Bob Hall Road to the intersection of Birch Bay Lynden Road ; 98 thence westerly along the centerline of Birch Bay Lynden Road to the intersection of 99 Woodland Road ; thence southerly along the centerline of Woodland Road to the 100 intersection of Harksell Road ; thence easterly along the centerline of Harksell Road to 101 . the intersection of Enterprise Road ; thence southerly along the centerline of Enterprise 102 Road to the intersection of Aldergrove Road ; thence westerly along the centerline of 103 Aldergrove Road to the intersection of Olson Road ; thence northerly along the . 104 centerline of Olson Road to the intersection of Grandview Road ; thence westerly along 105 the centerline of Grandview Road to the intersection of Valley View Road ; thence 106 northerly along the centerline of Valley View Road to the intersection of Bay Road ; 107 thence westerly along the centerline of Bay Road to the intersection of Kickerville Road ; 108 thence northerly along the centerline of Kickerville Road to the intersection of Birch Bay 109 Lynden Road ; thence westerly along the centerline of Birch Bay Lynden Road to the 110 intersection of Blaine Road ; thence northerly along the centerline of Blaine Road to the 111 intersection of Lincoln Road ; then westerly along the centerline of Lincoln Road to 112 where it becomes Semiahmoo Parkway; thence following the centerline of Semiahmoo 113 Parkway to the intersection of Drayton Harbor Road ; thence following a line running 114 off-shore to the point of origin in the Gulf of Georgia, plotted in such a manner as to 115 follow existing boundaries of land parcels . 116 The Portage Bay shellfish protection district shall be the approximate area included in 117 the Nooksack watershed and contained within the boundaries that are declared as 118 follows : 119 Commencing on the forty-ninth parallel at the intersection of Markworth Road ; thence 120 easterly along said international boundary line to the easterly section line of Township 121 41 North, Range 3 East, Section 35 ; thence southerly along said section line to the 122 intersection of Halverstick Road ; thence westerly along the centerline of Halverstick 123 Road to the easterly section line of Township 40 North, Range 3 East, Section 3 ; thence 124 southerly along said section line to the northerly line of Township 40 North, Range 3 125 East, Section 11 ; thence easterly along said section line to the easterly section line of 126 Township 40 North, Range 3 East, Section 11 ; thence southerly along said section line 127 to the intersection of East Badger Road; thence easterly along the centerline of East I:\NATURAL RESOURCES\03-MARINE\Shellfish\Ordinances\10th SPD ordinance.final.docx 4 128 Badger Road to the intersection of Trap Line Road ; thence southerly along the 129 centerline of Trap Line Road to the intersection with the City Limits of Everson; thence 130 proceeding easterly along the City Limits of Everson to the intersection with the City 131 Limits of Nooksack; thence proceeding along the City Limits of Nooksack to the easterly 132 section line of Township 40 North, Range 4 East, Section 31 ;. thence southerly along 133 said section line to the northerly section line of Township 39 North, Range 4 East, 134 Section 5 ; thence easterly along said section line to the intersection with Nooksack 135 Road ; thence southerly along the centerline of Nooksack Road to the intersection with 136 Hopewell Road ; thence easterly along the centerline of Hopewell Road to the 137 intersection with Lawrence Road ; thence southerly along the centerline of Lawrence 138 Road to the northerly section line of Township 39 North, Range 4 East, Section 21 ; 139 thence easterly along said section line to the westerly section line of Township 39 140 North, Range 4 East, Section 13 ; thence northerly along said section line to the 141 northerly section line of Township 39 North, Range 4 East, Section 1 ; thence easterly 142 along said section line to the westerly section line of Township 40 North, Range 5 East, 143 Section 31 ; thence northerly along said section line to the northerly section line of 144 Township 40 North, Range 5 East, Section 31 ; thence easterly along said section to the 145 westerly line of Township 40 North, Range 5 East, Section r28; thence northerly along 146 said section line to the northerly line of Township 40 North, Range 5 East, Section 4; 147 thence easterly along said section line to the westerly section line of Township 41 148 North, Range 5 East, Section 34; thence northerly along said section to the 49th 149 parallel ; thence easterly along the 49th parallel to the easterly section line of Township 150 41 North, Range 5 East, Section 36; thence southerly along said section line to the 151 northerly section line of Township 40 North, Range 6 East, Section 6; thence easterly 152 along said section line to the easterly section line of Township 40 North, Range 6 East, 153 Section 5; thence southerly along said section to the northerly section line of Township 154 40 North, Range 6 East, Section 9; thence easterly along said section line to the 155 National Forest Boundary; thence proceeding southerly along said National Forest 156 Boundary to the boundary between Whatcom County and Skagit County; thence 157 westerly along said County boundary to the westerly section line of Township 37 North, 158 Range 5 East, Section 34; thence northerly along said section line to the southerly 159 section line of Township 37 North, Range 5 East, Section 21 ; thence westerly along said 160 section line to the westerly section line of Township 37 North, Range 5 East, Section 161 21 ; thence northerly along said section line to the southerly section line of Township 37 162 North, Range 5 East, Section 17; thence westerly along said section line to the westerly 163 section line of Township 37 North, Range 4 East, Section 13 ; thence northerly along 164 said section line to the southerly section line of Township 37 North, Range 4 East, 165 Section 11 ; thence westerly along said section line to the westerly section line of 166 Township 37 North, Range 4 East, Section 11 ; thence northerly along said section line 167 to the southerly section line of Township 38 North, Range 4 East, Section 15; thence 168 westerly along said section line to the westerly section line of Township 38 North, . 169 Range 4 East, Section 17; thence northerly along said section line to the southerly 170 section line of Township 38 North, Range 4 East, Section 7; thence westerly along said 171 section line to the westerly section line of Township 38 North, Range 4 East, Section 7; I:\NATURAL RESOURCES\03-MARINE\Shellfish\Ordinances\10th SPD ordinance.final.doa 5 172 thence northerly along said section line to the intersection of East Smith Road ; thence 173 westerly along the centerline of East Smith Road to the easterly section line of 174 Township 39 North, Range 3 East, Section 31 ; thence southerly along said section line 175 to the intersection of Kelly Road ; thence westerly along the centerline of Kelly Road to 176 the intersection of Guide Meridian ; thence southerly along the centerline of Guide 177 Meridian to the southerly section line of Township 38 North, Range 2 East, Section 1 ; 178 thence westerly along said section line to the easterly section line of Township 38 179 North, Range 2 East, Section 11 ; thence southerly along said section to the southerly 180 line of Township 38 North, Range 2 East, Section 11 ; thence westerly along said section 181 to the easterly section line of Township 38 North, Range 2 East, Section 16; thence 182 southerly along said section line to the intersection with Bellingham Bay; thence 183 recommencing at the westerly section line of Township 38 North, Range 2 East, Section 184 20 in the . Nooksack Delta; thence northerly along said section line to the northerly 185 section line of Township 38 North, Range 2 East, Section 17; thence easterly along said 186 section line to the centerline of the Nooksack River; thence following the centerline of 187 the Nooksack River to the intersection with the City Limits of Ferndale; thence westerly, 188 proceeding along the City Limits of Ferndale to the intersection with Mt. View Road ; 189 thence westerly along the centerline of Mt. View Road to the intersection with the City 190 Limits of Ferndale; thence northerly, proceeding along the City Limits of Ferndale to the 191 intersection with Church Road ; thence northerly along the centerline of Church Road to 192 the intersection of Aldergrove Road ; thence easterly along the centerline of Aldergrove 193 Road to the intersection of Enterprise Road ; thence northerly along the centerline of 194 Enterprise Road to the intersection of Harksell Road ; thence westerly along the 195 centerline of Harksell Road to the intersection of Woodland Road ; thence northerly 196 along the centerline of Woodland Road to the intersection of Birch Bay-Lynden Road ; 197 thence easterly along the centerline of Birch Bay-Lynden Road to the intersection of 198 Bob Hall Road ; thence northerly along the centerline of Bob Hall Road to the 199 intersection of Loomis Trail Road; thence easterly along the centerline of Loomis Trail 200 Road to the intersection of Glendale Road ; thence northerly along the centerline of 201 Glendale Road to the intersection of West Badger Road ; thence westerly along the 202 centerline of West Badger Road to the intersection of Markworth Road ; thence northerly 203 along the centerline of Markworth Road to the forty-ninth parallel, POB. 204 The Birch Bay shellfish protection district shall be the approximate area of the Birch Bay 205 watershed and contained within the boundaries that are declared as follows : 206 The Birch Bay Stormwater Management Plan Sub Flood Zone comprises all or portions 207 of Sections 10, 11 , 13, 14, 15, 16, 21 , 22, 23, 24, 25, 26, 27, and 36, Township 40 208 North, Range 1 West, Sections 1 , 2, 3, 10, 11 , 12, 13, 14, and 24, Township 39 ' North, 209 Range 1 West, Sections 2 . through 18, 21 ,22,23, 24, and 28, Township 39 North, Range 210 1 East, and Sections 19, 20, 29, 30, 31 , 32, 33, Township 40 North, Range 1 East, of 211 Willamette Meridian ; said Sub Flood Zone boundary more particularly described as 212 follows : (For the purposes of this description Section, Township, and Range may be I:\NATURAL RESOURCES\03-MARINE\Shellfish\Ordinances\10th SPD ordinance.final.dooc 6 213 abbreviated as Section #, T # N . , R # E . or W. and abbreviations NE for Northeast, NW 214 for Northwest, SW for Southwest, and SE for Southeast may be used . ) 215 Commencing at the point of intersection of the Line of Ordinary High Tide of 216 Semiahmoo Bay with the Southwesterly line of Tract A, Plat of Boundary Ridge in 217 Section 10, T. 40 N . , R. 1 W. , said point being the True Point of Beginning ; Thence 218 Southeasterly along said Southwesterly line of Tract Al and the Southeasterly extension 219 thereof, 646 feet, more or less, to the centerline of Semiahmoo Parkway; Thence 220 generally Southerly along the centerline of Semiahmoo Parkway 1 . 5 miles, more or less, 221 to the North-South Center Section Line of Section 14, T. 40 N . , R. 1 W. ; Thence 222 Northeasterly 750 feet, more or less, to a point 350 feet due South of the most 223 Westerly corner of Lot 65, Saint Andrew's Green Division IV — Phase A; Thence 224 Southeasterly 2000 feet, more or less, to the 4 Section Corner common to Sections 13 225 and 14, T. 40 N . , R. 1 W. ; Thence Southeasterly 1360 feet, more or less, to the SE 226 corner of the North 10 acres of the West 1/2 of the SW 1/4 of said Section 13 ; Thence 227 Southeasterly 2214 feet, more or less, to the SE corner of the West 20 acres of the NW 228 1/4 of the SE 1/4 of said Section 13 ; Thence Southeasterly 2380 feet, more or less, to the 229 NE Corner of Section 19, T. 40 N . , R. 1 E . ; Thence Southeasterly 1000 feet, more or 230 less, to the intersection of the centerlines of Seafair Drive and Oakridge Drive, Plat of 231 Harborview Estates; Thence Southeasterly 450 feet, more or less, to the SE corner of 232 Lot 17, said Plat of Harborview Estates; Thence Southeasterly 500 feet, more or less, to 233 the intersection of the centerlines of Glendale Drive and Bayshore Drive, Plats of said 234 Harborview Estates and Lincoln Green, Division No . 1 ; Thence Easterly 1015 . 73 feet 235 along the centerline of said Bayshore Drive to the center of the cul -de-sac at the 236 Easterly end of said Bayshore Drive; Thence Southeasterly 200 feet, more or less, to 237 the NW corner of the SW 1/4 of the NE 1/4 of said Section 19 ; Thence Southeasterly 238 2820 feet, more or less, to the NW corner of the South 330 feet of the SW 1/4 of the NW 239 1/4 of Section 20, T. 40 N . , R. 1 E . ; Thence Southeasterly 2750 feet, more or less, to the 240 NE corner of Croft's Short Plat; Thence Easterly 440 feet, more or less, to the NE corner 241 of. the SE 1/4 of the SW 1/4 of said Section 20 ; Thence Southeasterly 1554 feet, more or 242 less, to a point on the Section Line common to said Sections 20 and 29, T. 40 N . , R. 1 243 E . , 500 feet Westerly of the NE corner of the NW 1/4 of the NE 1/4 of said Section 29 ; 244 Thence Southwesterly 1554 feet, more or less, to the SW corner of said NW 1/4 of the 245 NE 1/4 of said Section 29 ; Thence Southeasterly 1/4 mile, more or less to the SE corner 246 of Lot 92, plat of Double RR Ranch ; Thence Southeasterly 875 feet, more or less, to the 247 NE corner of Lot 46, said Plat of Double RR Ranch ; Thence Southerly 700 feet, more or 248 less, to the NE corner of Lot 39, said Plat of Double RR Ranch ; Thence Southwesterly 249 540 feet, more or less, to the SW corner of Lot 26, said plat of Double RR Ranch ; 250 Thence Easterly 460 feet, more or less, to the SE corner of Lot 37, said plat of Double 251 RR Ranch ; Thence Southeasterly 962 feet, more or less, to the center of the SE 1/4 of 252 the SE 1/4 of said Section 29; Thence Southeasterly 710 feet, more or less, to a point on 253 the North line of Section 32, T. 40 N . , R. 1 E . 397 feet Westerly of the NE Corner of said 254 Section 32; Thence Southeasterly 2166 feet, more or less, to the center of the NW 1/4 of 255 Section 33, T. 40 N . , R. 1 E . ; Thence Easterly along the East-West centerline of said NW I:\NATURAL RESOURCES\03-MARINE\Shellfish\Ordinances\10th SPD ordinance.final.doa 7 256 1/4 660 feet, more or less to the Northwesterly right-of-way line of the GNRR ( BNSF) 257 Spur; Thence Southwesterly one mile, more or less, along said Northwesterly right-of- 258 way line to the Section Line common to said Section 32 and Section 5, T. 39 N . , R 1 E. ; 259 Thence Southeasterly 1458 feet, more or less to the NW corner of the SW 1/4 of the NW 260 1/4 of the NW 1/4 of Section 4, T. 39 N . , R 1 E . ; Thence Southeasterly 1476 feet, more or 261 less, to the NW corner of the SE 1/4 of the NW 1/4 of said Section 4; Thence Easterly 262 1320 feet, more or less, to the NE corner of said SE 1/4 of the NW 1/4 ; Thence 263 Southeasterly 3300 feet, more or less, to the NE corner of the SE 1/4 of the NE 1/4 of the 264 SE 1/4 of said Section 4; Thence Southeasterly 1361 feet, more or less, to the SE corner 265 of Lot 3, Grandview Highlands Short Plat in Section 3, T. 39 N . , R 1 E . ; Thence East 266 1320 feet, more or less, to the North-South Center Section Line of said Section 3 ; 267 Thence Southeasterly 4290 feet, more or less, to the SE corner of the SW 1/4 of the SW 268 1/4 of Section 2, T. 39 N . , R 1 E . ; Thence Southeasterly 2800 feet, more or less, to the 269 most Easterly corner of Lot A, Grandview Hill Estates Cluster Short Plat #2 ; Thence 270 Southeasterly 1050 feet, more or less, to a point on the East-West Center Section Line 271 of Section 11 , T. 39 N . , R 1 E . , 1 rod Westerly of the NE corner of the NW 1/4 of the SE 272 1/4 of said Section 11 ; Thence Southwesterly 677 feet, more or less, to the midpoint of 273 the South line of the North 1/2 of the East 1/2 of the East 1/2 of said NW 1/4 of the SE 1/4 ; 274 Thence Southeasterly 841feet, more or less, to a point on the South line of the NE 1/4 of 275 the SE 1/4 of said Section 11 , 355 . 71 feet Easterly of the SW corner of said NE 1/4 of the. 276 SE 1/4 ; Thence Southeasterly 689 feet, more or less, to a point 105 feet West of the 277 center of the SE 1/4 of the SE 1/4 of said Section 11 ; Thence East 105 feet to said center 278 of the SE 1/4 of the SE 1/4 ; Thence Southeasterly 933 feet, more or less, to the NE 279 Corner of said Section 13, T. 39 N . , R 1 E . ; Thence Easterly 240 feet along the North 280 line of said Section 13; Thence Southeasterly 935 feet, more or less, to the NW corner 281 of Lot 2, Unruh Heights Short Plat; Thence Southeasterly 1462 feet, more or less, to a 282 point on the South line of the West 1/2 of the NE 1/4 of the NW 1/4 of said Section 13, 283 trod Westerly of the SE corner of said West 1/2 ; Thence Southeasterly 1483 feet, more 284 or less, to the Center of said Section 13 ; Thence Southeasterly to the SE corner of Lot 285 126, Plat of Pacific Highlands Division No . 4; Thence generally Southerly following along 286 the Easterly boundary line of said Plat to the SE corner of Lot 153 of said Plat; Thence 287 Southeasterly to the NW corner of Lot 8, Block 4, Plat of Pacific Heights Phase I, 288 Thence Southerly along the West line of said Plat 38 . 51 feet; Thence Southerly 275 289 feet, more or less, to a point on the South line of said Section 13, 285 . 5 feet West of 290 the SE corner of the SW 1/4 of the SE 1/4 of said Section 13 ; Thence Southeasterly 1325 291 . feet, more or less, to a point on the South line of the NW 1/4 of the NE 1/4 of Section 24, 292 T. 39 N . , R 1 E . , 165 feet Westerly of the SE corner of said NW 1/4 of the NE 1/4 ; Thence 293 Westerly 495 feet, more or less, along the South line of said NW 1/4 of the NE 1/4 to the 294 SW corner of the SE 1/4 of said NW 1/4 of the NE 1/4 ; Thence Southwesterly to a point on 295 the North-South Center Section Line of said Section 24, 300 feet Southerly of the NE 296 corner of the SE 1/4 of the NW 1/4 of said Section 24; Thence Southwesterly 1063 feet, 297 more or less, to a point on the South line of said SE 1/4 of the NW 1/4 , 300 feet Westerly 298 of the SE corner of said SE 1/4 of the NW 1/4 ; Thence Northwesterly 1072 feet, more or 299 less, to a point on the West line of said SE 1/4 of the NW 1/4 , 330 feet Northerly of the I:\NATURAL RESOURCES\03-MARINE\Shellfish\Ordinances\10th SPD ordinance.final.docx 8 300 SW corner of said SE 1/4 of the NW 4 ; Thence Northerly 990 feet, more or less, along 301 the West line of said SE 1/4 of the NW 1/4 to the center of the NW 1/4 of said Section 24; 302 Thence Northwesterly 738 feet, more or less, to the center of the South 1/2 of the NW 303 1/4 of the NW 1/4 of said Section 24; Thence Northwesterly 467 feet, more or less, to a 304 point on the South line of the North 1/2 of said NW 1/4 of the NW 1/4 , 330 feet Easterly of 305 the SW corner of said North 1/2 ; Thence Northwesterly to a point on the North line of 306 said Section 24, 150 feet Easterly of the NW Corner of said Section 24; Thence 307 Northwesterly 427 feet, more or less, to a point on the West line of Section 13, T. 39 308 N . , R. 1 E . , 400 feet Northerly of the SW corner of said Section 13 ; Thence West 200 309 feet; Thence Southerly 400 feet, more or less, to a point on the South line of Section 310 14, T. 39 N . , R. 1 E. , 200 feet Westerly of the SE corner of said Section 14; Thence 311 Southwesterly 1300 feet, more or less, to the Northeast corner of the SE 1/4 of the NW 312 1/4 of the NE 1/4 of Section 23, T. 39 N . R. 1 E . ; Thence Southerly 660 feet, more of less, 313 to the center of the NE 1/4 of said Section 23 ; Thence Northwesterly 1361 feet, more or 314 less, to the Northwest corner of the South 330 feet of the West 1/2 of the NW 1/4 of the 315 NE 1/4 of said Section 23 ; Thence Northerly 330 feet, more or less, to the Northwest 316 corner of the SW 1/4 of said NW 1/4 of the NE 1/4 ; Thence Northwesterly 933 feet, more 317 or less, to the Northwest corner of the NE 1/4 of the NE 1/4 of the NW 1/4 of said Section 318 23 ; Thence Westerly 2280 feet, more or less, along Section Line common to said 319 Sections 14 and 23, and Sections 15 and 22, T. 39 N . , R 1 E . to a point 300 feet 320 Westerly of the Northeast Corner of said Section 22 ; Thence Southerly 1980 feet, more 321 or less, parallel with the East line of said Section 22, to the North line of the South 1/2 322 of the SE 1/4 of the NE 1/4 of said Section 22 ; Thence Southwesterly 752 feet, more or 323 less, to the midpoint of the North line of the NE 1/4 of the SE 1/4 of said Section 22; 324 Thence Southerly 330 feet, more or less, to the South line of the North 330 feet of said 325 NE 1/4 of the SE 1/4 ; Thence Southwesterly 955 feet, more or less, to a point on the 326 West line of said NE 1/4 of the SE 1/4 and 300 feet Northerly of the SW corner of said NE 327 1/4 of the SE 1/4 ; Thence Southwesterly 1063 feet, more or less to a point on the North 328 line of the SW 1/4 of the SE 1/4 300 feet Easterly of the NW corner of said SW 1/4 of the 329 SE 1/4 ; Thence Southwesterly 424 feet, more or less, to a point on the West line of said 330 SW 1/4 of the SE 1/4 300 feet Southerly of the NW corner of said SW 1/4 of the SE 1/4 ; 331 Thence Southwesterly 752 feet, more or less, to the NE corner of Lake Terrell Short 332 Plat; Thence Southwesterly 738 feet, more or less, to the SW corner of Lot A, Lake 333 Terrell Short Plat; Thence Northwesterly 1361 feet, more or less, to the NW corner of 334 the South 1/2 of the SW 1/4 of the SW 1/4 of said Section 22; Thence West 400 feet; 335 Thence Southwesterly 690 feet, more or less, to a point on the South line of Section 21 , 336 T. 39 N . , R. 1 E . and 600 feet Westerly of the SE corner of said Section 21 ; Thence 337 Southwesterly 725 feet, more or less, to a point on the North line of the South 1/2 of the 338 NE 1/4 of the NE 1/4 of Section 28, T. 39 N . , R. 1 E . and 900 feet Westerly of the East 339 line of said Section 28; Thence Southerly, parallel with the East line of said Section 28, 340 660 feet, more or less, to the North line of the SE 1/4 of the NE 1/4 of said Section 28; 341 Thence Southeasterly 725 feet, more or less, to a point on the North line of the South 342 1/2 of the SE 1/4 of the NE 1/4 of said Section 28 and 600 feet Westerly of the East line of 343 said Section 28; Thence Southwesterly 772 feet, more or less, to a point on the South I:\NATURAL RESOURCES\03-MARINE\Shellfish\Ordinances\10th SPD ordinance.final.docx 9 344 line of said NE 1/4 and 1000 feet Westerly of the East line of said Section 28; Thence 345 Southerly, parallel with the East line of said Section 28, 200 feet; Thence Westerly, 346 parallel with the East-West Center Section Line of said Section 28, 500 feet; Thence 347 Southwesterly 665 feet, more or less, to the midpoint of the East line of the West 1/2 of 348 the NW 1/4 of the SE 1/4 of said Section 28; Thence Southwesterly 675 feet, more or 349 less, to a point on the North-South Center Section Line of said Section 28 and 800 feet 350 South of the Center of said Section 28; Thence Northwesterly 1037 feet, more or less, 351 to the Northwest corner of the East 1 of the NE 1/4 of the SW 1/4 of said Section 28; 352 Thence Northwesterly 1476 feet, more or less, to the center of the NW 1/4 of said 353 Section 28; Thence Northeasterly 1322 feet, more or less, to a point on the North Line 354 of said Section 28 and 1245 feet Westerly of the North 1/4 Corner of said Section 28; 355 Thence Northeasterly 1/4 mile, more or less, to the point of intersection of the centerline 356 of Rainbow Road with the East-West centerline of the SW 1/4 of Section 21 , T. 39 N . , R. 357 1 E . ; Thence Northwesterly 0 . 4 miles, more or less, along said centerline of Rainbow 358 Road to the South line of the North 1/2 of the SW 1/4 of the NW 1/4 of said Section 21 ; 359 Thence Northwesterly 752 feet, more or less, to the midpoint of the North line of the 360 West 1/2 of said SW 1/4 of the NW 1/4 ; Thence Northerly 1320 feet, more or less, parallel 361 with the West line of said Section 21 , to North Line of said Section 21 ; Thence 362 Northeasterly 1650 feet, more or less, to the center of the SW 1/4 of Section 16, T. 39 363 N . , R. 1 E . ; Thence Northeasterly 1361 feet, more or less, to a point on the East-West 364 Center Section Line of said Section 16 and 990 feet Westerly of the Center of said 365 Section 16; Thence Northeasterly 0 .4 miles, more or less, to the Southeast corner of Lot 366 2, Lake Terrell Mobile Ranch Short Plat; Thence Northwesterly 483 feet, more or less, to 367 a point on the South Line of Section 9, T. 39 N . , R. 1 E. and 208 feet Westerly of the SE 368 corner of the SW 1/4 of the SE 1/4 of the SW 1/4 of said Section 9; Thence Northwesterly 369 1023 feet, more or less, to the midpoint of the North line of the South 330 feet of the 370 North 3/4 of the East 1/2 of the SW 1/4 of the SW of said Section 9 ; Thence 371 Southwesterly 1190 feet, more or less, to the Southwest Corner of said Section 9; 372 Thence . Southwesterly 1650 feet, more or less, to the SW corner of the North 3/4 of the 373 NE 1 of the NE 1/4 of Section 17, T. 39 N . , R. 1 E . ; Thence Southwesterly 1325 feet, 374 more or less, to a point on the North-South Center Section Line of said Section 17 and 375 1100 Southerly of the North 1/4 Corner of said Section 17; Thence Southwesterly 696 376 feet, more or less, to the midpoint of the South line of the NE 1/4 of the NW 1/4 of said 377 Section 17; Thence Northwesterly 696 feet, more or less, to a point on the West line of 378 said NE 1/4 of the NW 1/4 and 1100 feet Southerly of the NW corner of said NE 1/4 of the 379 NW 1/4 ; Thence Northwesterly 1354 feet, more or less, to a point on the West Line of 380 said Section 17 and 800 feet Southerly of the NW Corner of said Section 17; Thence 381 Northwesterly 5284 feet, more or less, to a point on the East Line of Section 13, T. 39 382 N . , R. 1 W. and 600 feet Southerly of the NE Corner of said Section 13 ; Thence . 383 Southerly 5000 feet, more or less, along said East Line of Section 13 and the East Line 384 of Section 24, T. 39 N . , R. 1 W. to the Line of Ordinary High Tide of the Strait of 385 Georgia; Thence generally Northerly, following along the Line of Ordinary High Tide of 386 the Strait of Georgia, Birch Bay, and Semiahmoo Bay, 15 miles, more or less, to the 387 True Point of Beginning . I:\NATURAL RESOURCES\03-MARINE\Shellfish\Ordinances\10th SPD ordinance.final.docx 10 388 (Ord . 2010-046; Ord . 2009-042 ; Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 389 2004-061 ; Ord . 2002-069 ; Ord . 98-019 Att. C; Ord . 95-036) . 390 16. 20. 040 Revenue authority. 391 The revenue authorities granted under Chapter 90 . 72 RCW shall be exercised at the 392 discretion of the board of supervisors, which shall be the county council for the ., 393 operation of these districts. (Ord . 2010-046; Ord . 2009-042; Ord . 2008-055 Exh . A; 394 Ord . 2007-003 Exh . A; Ord . 2004-061 ; Ord . 2002-069 ; Ord . 98-019 Att. C; Ord . 95- 395 036) . 396 16. 20.045 Collection of charges or rates and exemptions. 397 Property owners within these shellfish protection districts may be assessed charges or 398 rates as allowed by Chapter 90 . 72 RCW to finance the shellfish protection programs. 399 The owner of any property within a shellfish protection district which is exempt from 400 charges or rates because such property is subject to the National Pollution Discharge 401 Elimination System as specified in RCW 90. 72 . 070 shall demonstrate such exemption 402 annually to the county assessor. If evidence of exemption is not provided, the property 403 will automatically convert from exempt status and the property will be subject to 404 charges or rates . Land exempt from charges and rates as specified in RCW 90 . 72 . 070 405 because of its forest land classification will automatically convert from exempt status if 406 the land classification changes and will be subject to charges or rates. (Ord . 2010-046; 407 . Ord . 2009-042; Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-061 ; Ord . 408 2002-069 ; Ord . 98-019 Att. C) . 409 16. 20 .050 Sunset date and dissolution of district. 410 The Drayton Harbor shellfish protection district shall be dissolved on December 31 , 411 2014, unless specifically extended by ordinance of the county legislative authority, or 412 upon the removal of the downgrade . The Portage Bay shellfish protection district shall 413 be dissolved and this chapter repealed on December 31 , 2014, unless specifically 414 extended by ordinance of the county legislative authority, or upon the removal of the 415 downgrade . The Birch Bay shellfish protection district shall be dissolved and this chapter 416 repealed on December 31 , 2014, unless specifically extended by ordinance of the 417 county legislative authority, or upon the removal of the downgrade . These districts may 418 also be dissolved by the county legislative authority by ordinance . The county legislative 419 authority shall review the continued need for these districts four months prior to their 420 sunset dates. (Ord . 2010-046; Ord . 2009-042; Ord . 2008-055 Exh . A; Ord . 2007-003 421 Exh . A; Ord . 2004-061 ; Ord . 2002-069 ; Ord . 2000-028; Ord . 98-069; Ord . 98-019 Att. 422 C; Ord . 95-036) . 423 16. 20.060 Relationship with other entities. I:\NATURAL RESOURCES\03-MARINE\Shellfish\Ordinances\10th SPD ordinance.final.docx 11 424 No program or activity proposed by the district shall replace or consolidate existing 425 activities performed by cities or other non-County provided water-related special 426 purpose districts without their consent. In formulating new programs, consultation and 427 coordination shall occur with cities and other water-related special districts . (Ord . 2010- 428 046; Ord . 2009-042; Ord . 2008-055 • Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-061 ; Ord . 429 2002-069; Ord . 98-019 Att. C; Ord . 95-036) . 430 A. 16. 20.065 Advisory groups. The advisory committees shall comply with Whatcom 431 County Code (WCC) 2 . 03 , Boards and Commissions . 432 B. The board of supervisors shall appoint advisory committees of not more than 11 433 members to advise on the overall operations of these districts. Two positions on 434 each of the advisory committees will be available for tribal representation . In 435 establishing district advisory committees, all members shall have a direct interest 436 in the district. (Ord . 2010-046; Ord . 2009-042 Att. C; Ord . 2008-055 Exh . A; 437 Ord : 2007-003 Exh . A; Ord . 2004-061 ; Ord . 2002-069 ; Ord . 98-019 Att. C; Ord . 438 95-036) . 439 C. As of January 31 , 2013, the four most recently appointed members on each 440 advisory committee shall serve a three-year term ending on January 31 , 2016 . 441 The remaining members of each advisory committee shall serve a four-year term 442 ending on January 31 , 2017 . Thereafter, member terms will be four years, 443 unless otherwise required by the Revised Code of Washington (RCW) . 444 D . Each advisory committee shall dissolve when its related district dissolves per 445 WCC 16 .20 . 050 . 446 447 1.6. 20 . 090 Severability. 448 If any provision of this chapter is found to be invalid, all remaining provisions shall 449 continue in effect. (Ord . 2010-046; Ord . 2009-042 Att. C; Ord . 2008-055 Exh . A; Ord . 450 2007-003 Exh . A; Ord . 2004-061 ; Ord . 2002-069; Ord . 98-019 Att. C; Ord . 95-036) . I:\NATURAL RESOURCES\03-MARINE\Shellfish\Ordinances\1Oth SPD ordinance.final.doa 12 . . .. . . -, .