HomeMy WebLinkAboutord2010-046 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2010- 342
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: "
IL" V I� �l 9/28/10 Introduction
S. Tang 9r 9116 / 1 O li . C.
Division Head: .a/i ` /lb 10/12/10 Nat . Resources/
J. Hutchings :7/ Council
Dept. Head: //L EP 2 1 2010
F. Abart ( 4 9/S/t v
D. s bsonr• ,< 0116110 4 )4- ATCOM COUNTY
Purchasing/Budget: COUNCIL
B. Bennett ► q n
Executive:
I A N Qua j
P. Kremen t t I
TITLE OF DOCUMENT:
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? ( ) 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 , 2012 . 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:
9 / 28 / 2010 : Introduced
10 / 12 / 2010 : Council Adopted 7 -0
Ord . 2010-046
Ord . 2010-046
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
95-036, 98-069, 2000-028, 2002-069,
2004-061, 2007-003, 2008-055, 2009-245
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 Ninth Drayton Harbor/Portage Bay/Birch Bay Shellfish Ord . 2009 SPONSORED BY Consent
2 PROPOSED BY : Public Works
3 INTRODUCED : 9/28/ 10
4 `
5
6 ORDINANCE NO . 2010-046
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, numerous efforts have occurred in the Drayton Harbor, Portage Bay,
25 and Birch Bay Shellfish Districts to eliminate or reduce pollutants that are affecting the
26 shellfish beds, through improved partnerships, cooperative efforts and increased
27 community involvement; and
28 WHEREAS, work needs to continue to ensure that approved shellfish harvest
29 areas maintain "approved" status, and remaining closed areas are reopened, and
30 NOW THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
31 sunset dates for the Drayton Harbor Shellfish Protection District, the Portage Bay
32 Shellfish Protection District, and the Birch Bay- Shellfish Protection District shall be
33 extended to December 31 , 2012, as indicated in Exhibit A to this Ordinance .
34 ADOPTED this 12th day of October , 2010 .
35
36 WHATCOM COUNTY COUNCIL
37 ATTEST: WHATCOM COUNTY, WASHINGTON
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44 APPROV ► �AS�� �TO FORM : ( Approved ( ) Denied
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48 Daniel L. Gibson Pete Kremen
49 Senior Civil Deputy Prosecuting Attorney County Executive
50
Date : -/9 /a
•
I:\MARINE\Shellfish\Ordinances\9th SPD ordinance.doc 2
1 Chapter 16. 20
2 WHATCOM COUNTY SHELLFISH PROTECTION DISTRICTS
3 Sections:
4 16. 20 . 010 Establishment and authority of district.
5 16. 20 . 015 Purpose.
6 16 . 20 . 016 Establishment of program .
7 16. 20 . 020 District boundaries.
8 16 . 20 . 040 Revenue authority.
9 16 . 20 . 045 Collection of charges or rates and exemptions.
10 16 . 20 . 050 Sunset date and dissolution of district.
11 16. 20 . 060 Relationship with other entities.
12 16. 20 . 065 Advisory groups.
13 16. 20 . 090 Severability.
14 16. 20.010 Establishment and authority of district.
15 There is hereby established the Drayton Harbor, Portage Bay, and Birch Bay shellfish
16 protection districts under the authority of Chapter 90 . 72 RCW, Shellfish . Protection
17 Districts . (Ord . 2009-042; Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-061 ;
18 Ord . 2002-069; Ord . 98-019 Att. C; Ord . 95-036) .
19 16. 20.015 Purpose.
20 The purpose of these districts is to provide services to citizens experiencing nonpoint
21 pollution of surface water drainages and coastal waters and to implement those
22 portions of the Drayton Harbor, Portage Bay, and Birch Bay closure response strategies
23 necessary to allow removal of the Drayton Harbor, Portage Bay, and Birch Bay
24 downgrades. (Ord . 2009-042; Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-
25 061 ; Ord . 2002-069; Ord . 98-019 Att. C; Ord . 95-036) .
26 16. 20 .016 Establishment of program.
27 The Birch Bay Initial Closure Response Strategy, dated April 28, 2009, is hereby
28 adopted as the Birch Bay shellfish protection program . The Portage Bay Initial Closure
29 Response Strategy, dated February 10, 1998, is hereby adopted as the Portage Bay
30 shellfish protection program . (Ord . 2009-042; Ord . 2008-055 Exh . A; Ord . 2007-003
31 Exh . A; Ord . 2004-061; Ord . 2002-069; Ord . 98-019 Att. C) .
32 16. 20.020 District boundaries.
33 The Drayton Harbor shellfish protection district shall be the approximate area included
34 in the Drayton Harbor watershed and contained within the boundaries that are declared
35 as follows:
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36 Commencing on the forty-ninth parallel at the point dividing the American and Canadian
37 territory in the Gulf of Georgia ; thence easterly along said international boundary line to
38 the intersection of Markworth Road ; thence southerly along the centerline of Markworth
39 Road to the intersection of Badger Road; thence easterly along the centerline of Badger
40 Road to the intersection of Glendale Road; thence southerly along the centerline of
41 Glendale Road to the intersection of Loomis Trail Road ; thence westerly along the
42 centerline of Loomis Trail Road to the intersection of Bob Hall Road ; thence southerly
43 along the centerline of Bob Hall Road to the intersection of Birch Bay Lynden Road;
44 thence westerly along the centerline of Birch Bay Lynden Road to the intersection of
45 Woodland Road ; thence southerly along the centerline of Woodland Road to the
46 intersection of Harksell Road; thence easterly along the centerline of Harksell Road to
47 the intersection of Enterprise Road ; thence southerly along the centerline of Enterprise
48 Road to the intersection of Aldergrove Road; thence westerly along the centerline of
49 Aldergrove Road to the intersection of Olson Road; thence northerly along the
50 centerline of Olson Road to the intersection of Grandview Road; thence westerly along
51 the centerline of Grandview Road to the intersection of Valley View Road; thence
52 northerly along the centerline of Valley View Road to the intersection of Bay Road ;
53 thence westerly along the centerline of Bay Road to the intersection of Kickerville Road ;
54 thence northerly along the centerline of Kickerville Road to the intersection of Birch Bay
55 Lynden Road; thence westerly along the centerline of Birch Bay Lynden Road to the
56 intersection of Blaine Road; thence northerly along the centerline of Blaine Road to the
57 intersection of Lincoln Road ; then westerly along the centerline of Lincoln Road to
58 where it becomes Semiahmoo Parkway; thence following the centerline of Semiahmoo
59 Parkway to the intersection of Drayton Harbor Road ; thence following a line running
60 off-shore to the point of origin in the Gulf of Georgia, plotted in such a manner as to
61 follow existing boundaries of land parcels.
62 The Portage Bay shellfish protection district shall be the approximate area included . in
63 the Nooksack watershed and contained within the boundaries that are declared as
64 follows :
65 Commencing on the forty-ninth parallel at the intersection of Markworth Road ; thence
66 easterly along said international boundary line to the easterly section line of Township
67 41. North, Range 3 East, Section 35; thence southerly along said section line to the
68 intersection of Halverstick Road ; thence westerly along the centerline of Halverstick
69 Road to the easterly section line of Township 40 North, Range 3 East, Section 3; thence
70 southerly along said section line to the northerly line of Township 40 North, Range 3
71 East, Section 11; thence easterly along said section line to the easterly section line of
72 Township 40 North, Range 3 East, Section 11 ; thence southerly along said section line
73 to the intersection of East Badger Road; thence easterly along the centerline of East
74 Badger Road to the intersection of Trap Line Road ; thence southerly along the
75 centerline of Trap Line Road to the intersection with the City Limits of Everson; thence
76 proceeding easterly along the City Limits of Everson to the intersection with the City
77 Limits of Nooksack; thence proceeding along the City Limits of Nooksack to the easterly
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78 section line of Township 40 North, Range 4 East, Section 31 ; thence southerly along
79 said section line to the northerly section line of Township 39 North, Range 4 East,
80 Section 5; thence easterly along said section line to the intersection with Nooksack
81 Road ; thence southerly along the centerline of Nooksack Road to the intersection with
82 Hopewell Road ; thence easterly along the centerline of Hopewell Road to the
83 intersection with Lawrence Road ; thence southerly along the centerline of Lawrence
84 Road to the northerly section line of Township 39 North, Range 4 East, Section 21 ;
85 thence easterly along said section line to the westerly section line of Township 39
86 North, Range 4 East, Section 13; thence northerly along said section line to the
87 northerly section line of Township 39 North, Range 4 East, Section 1; thence easterly
88 along said section line to the westerly section line of Township 40 North, Range 5 East,
89 Section 31 ; thence northerly along said section line to the northerly section line of
90 Township 40 North, Range 5 East, Section 31; thence easterly along said section to the
91 westerly line of Township 40 North, Range 5 East, Section 28; thence northerly along
92 said section line to the northerly line of Township 40 North, Range 5 East, Section 4;
93 thence easterly along said section line to the westerly section line of Township 41
94 North, Range 5 East, Section 34; thence northerly along said section to the 49th
95 parallel; thence easterly along the 49th parallel to the easterly section line of Township
96 41 North, Range 5 East, Section 36; thence southerly along said section line to the
97 northerly section line of Township 40 North, Range 6 East, Section 6; thence easterly
98 along said section line to the easterly section line of Township 40 North, Range 6 East,
99 Section 5; thence southerly along said section to the northerly section line of Township
100 40 North, Range 6 East, Section 9; thence easterly along said section line to the
101 National Forest Boundary; thence proceeding southerly along said National Forest
102 Boundary to the boundary between Whatcom County and Skagit County; thence
103 westerly along said County boundary to the westerly section line of Township 37 North,
104 Range 5 East, Section 34; thence northerly along said section line to the southerly
105 section line of Township 37 North, Range 5 East, Section 21; thence westerly along said
106 section line to the westerly section line of Township 37 North, Range 5 East, Section
107 21; thence northerly along said section line to the southerly section line of Township 37
108 North, Range 5 East, Section 17; thence westerly along said section line to the westerly
109 section line of Township 37 North, Range 4 East, Section 13; thence northerly along
110 said section line to the southerly section line of Township 37 North, Range 4 East,
111 Section 11 ; thence westerly along said section line to the westerly section line of
112 Township 37 North, Range 4 East, Section 11 ; thence northerly along said section line
113 to the southerly section line of Township 38 North, Range 4 East, Section 15; thence
114 westerly along said section line to the westerly section line of Township 38 North,
115 Range 4 East, Section 17; thence northerly along said section line to the southerly
116 section line of Township 38 North, Range 4 East, Section 7; thence westerly along said
117 section line to the westerly section line of Township 38 North, Range 4 East, Section 7;
118 thence northerly along said section line to the intersection of East Smith Road ; thence
119 westerly along the centerline of East Smith Road to the easterly section line of
120 Township 39 North, Range 3 East, Section 31 ; thence southerly along said section line
121 to the intersection of Kelly Road ; thence westerly along the centerline of Kelly Road to
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122 the intersection of Guide Meridian; thence southerly along the centerline of Guide
123 Meridian to the southerly section line of Township 38 North, Range 2 East, Section 1 ;
124 thence westerly along said section line to the easterly section line of Township 38
125 North, Range 2 East, Section 11; thence southerly along said section to the southerly
126 line of Township 38 North, Range 2 East, Section 11 ; thence westerly along said section
127 to the easterly section line of Township 38 North, Range 2 East, Section 16; thence
128 southerly along said section line to the intersection with Bellingham Bay; thence
129 recommencing at the westerly section line of Township 38 North, Range 2 East, Section
130 20 in the Nooksack Delta ; thence northerly along said section line to the northerly
131 section line of Township 38 North, Range 2 East, Section 17; thence easterly along said
132 section line to the centerline of the Nooksack River; thence following the centerline of
133 the Nooksack River to the intersection with the City Limits of Ferndale; thence westerly,
134 proceeding along the City Limits of Ferndale to the intersection with Mt. View Road;
135 thence westerly along the centerline of Mt. View Road to the intersection with the City
136 Limits of Ferndale; thence northerly, proceeding along the City Limits of Ferndale to the
137 intersection with Church Road ; thence northerly along the centerline of Church Road to
138 the intersection of Aldergrove Road ; thence easterly along the centerline of Aldergrove
139 Road to the intersection of Enterprise Road; thence northerly along the centerline of
140 Enterprise Road to the intersection of Harksell Road; thence westerly along the
141 centerline of Harksell Road to the intersection of Woodland Road ; thence northerly
142 along the centerline of Woodland Road to the intersection of Birch Bay-Lynden Road ;
143 thence easterly along the centerline of Birch Bay-Lynden Road to the intersection of
144 Bob Hall Road; thence northerly along the centerline of Bob Hall Road to the
145 intersection of Loomis Trail Road ; thence easterly along the centerline of Loomis Trail
146 Road to the intersection of Glendale Road ; thence northerly along the centerline of
147 Glendale Road to the intersection of West Badger Road ; thence westerly along the
148 centerline of West Badger Road to the intersection of Markworth Road; thence northerly
149 along the centerline of Markworth Road to the forty-ninth parallel, POB.
150 The Birch Bay shellfish protection district shall be the approximate area of the Birch Bay
151 watershed and contained within the boundaries that are declared as follows :
152 The Birch Bay Stormwater Management Plan Sub Flood Zone comprises all or portions
153 of Sections 10, 11, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, and 36, Township 40
154 North, Range 1 West, Sections 1, 2, 3, 10, 11, 12, 13, 14, and 24, Township 39 North,
155 Range 1 West, Sections 2 through 18, 21,22,23, 24, and 28, Township 39 North, Range
156 1 East, and Sections 19, 20, 29, 30, 31, 32, 33, Township 40 North, Range 1 East, of
157 Willamette Meridian ; said Sub Flood Zone boundary more particularly described as
158 follows : (For the purposes of this description Section, Township, and Range may be
159 abbreviated as Section #, T # N ., R # E. or W. and abbreviations NE for Northeast, NW
160 for Northwest, SW for Southwest, and SE for Southeast may be used .)
161 Commencing at the point of intersection of the Line of Ordinary High Tide of
162 Semiahmoo Bay with the Southwesterly line of Tract Al Plat of Boundary Ridge in
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163 Section 10, T. 40 N ., R. 1 W. , said point being the True Point of Beginning ; Thence
164 Southeasterly along said Southwesterly line of Tract A, and the Southeasterly extension
165 thereof, 646 feet, more or less, to the centerline of Semiahmoo Parkway; Thence
166 generally Southerly along the centerline of Semiahmoo Parkway 1 . 5 miles, more or less,
167 to the North-South Center Section Line of Section 14, T. 40 N . , R. 1 W. ; Thence
168 Northeasterly 750 feet, more or less, to a point 350 feet due South of the most
169 Westerly corner of Lot 65, Saint Andrew's Green Division IV — Phase A; Thence
170 Southeasterly 2000 feet, more or less, to the 1/4 Section Corner common to Sections 13
171 and 14, T. 40 N . , R. 1 W. ; Thence Southeasterly 1360 feet, more or less, to the SE
172 corner of the North 10 acres of the West 1/2 of the SW 1/4 of said Section 13; Thence
173 Southeasterly 2214 feet, more or less, to the SE corner of the West 20 acres of the NW
174 1/4 of the SE 1/4 of said Section 13; Thence Southeasterly 2380 feet, more or less, to the
175 NE Corner of Section 19, T. 40 N . , R. 1 E. ; Thence Southeasterly 1000 feet, more or
176 less, to the intersection of the centerlines of Seafair Drive and Oakridge Drive, Plat of
177 Harborview Estates; Thence Southeasterly 450 feet, more or less, to the SE corner of
178 Lot 17, said Plat of Harborview Estates; Thence Southeasterly 500 feet, more or less, to
179 the intersection of the centerlines of Glendale Drive and Bayshore Drive, Plats of said
180 Harborview Estates and Lincoln Green, Division No. 1 ; Thence Easterly 1015 . 73 feet
181 along the centerline of said Bayshore Drive to the center of the cul-de-sac at the
182 Easterly end of said Bayshore Drive; Thence Southeasterly 200 feet, more or less, to
183 the NW corner of the SW 1/4 of the NE 1/4 of said Section 19; Thence Southeasterly
184 2820 feet, more or less, to the NW corner of the South 330 feet of the SW 1/4 of the NW
185 1/4 of Section 20, T. 40 N ., R. 1 E. ; Thence Southeasterly 2750 feet, more or less, to the
186 NE corner of Croft's Short Plat; Thence Easterly 440 feet, more or less, to the NE corner
187 of the SE 1/4 of the SW 1/4 of said Section 20; Thence Southeasterly 1554 feet, more or
188 less, to a point on the Section Line common to said Sections 20 and 29, T. 40 N . , . R. 1
189 E., 500 feet Westerly of the NE corner of the NW 1/4 of the NE 1/4 of said Section 29;
190 Thence Southwesterly 1554 feet, more or less, to the SW corner of said NW 1/4 of the
191 NE 1/4 of said Section 29; Thence Southeasterly 1/4 mile, more or less to the SE corner
192 of Lot 92, plat of Double RR Ranch ; Thence Southeasterly 875 feet, more or less, to the
193 NE corner of Lot 46, said Plat of Double RR Ranch ; Thence Southerly 700 feet, more or
194 less, to the NE corner of Lot 39, said Plat of Double RR Ranch; Thence Southwesterly
195 540 feet, more or less, to the SW corner of Lot 26, said plat of Double RR Ranch;
196 Thence Easterly 460 feet, more or less, to the SE corner of Lot 37, said plat of Double
197 RR Ranch ; Thence Southeasterly 962 feet, more or less, to the center of the SE 1/4 of
198 the SE 1/4 of said Section 29; Thence Southeasterly 710 feet, more or less, to a point on
199 the North line of Section 32, T. 40 N ., R. 1 E. 397 feet Westerly of the NE Corner of said
200 Section 32; Thence Southeasterly 2166 feet, more or less, to the center of the NW 1/4 of
201 Section 33, T. 40 N ., R. 1 E. ; Thence Easterly along the East-West centerline of said NW
202 1/4 660 feet, more or less to the Northwesterly right-of-way line of the GNRR (BNSF)
203 Spur; Thence Southwesterly one mile, more or less, along said Northwesterly right-of-
204 way line to the Section Line common to said Section 32 and Section 5, T. 39 N ., R 1 E. ;
205 Thence Southeasterly 1458 feet, more or less to the NW corner of the SW 1/4 of the NW
206 1/4 of the NW 1/4 of Section 4, T. 39 N ., R 1 E. ; Thence Southeasterly 1476 feet, more or
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207 less, to the NW corner of the SE 1/4 of the NW 1/4 of said Section 4; Thence Easterly
208 1320 feet, more or less, to the NE corner of said SE 1/4 of the NW 1/4 ; Thence
209 Southeasterly 3300 feet, more or less, to the NE corner of the SE 1/4 of the NE 1/4 of the
210 SE 1/4 of said Section 4; Thence Southeasterly 1361 feet, more or less, to the SE corner
211 of Lot 3, Grandview Highlands Short Plat in Section 3, T. 39 N ., R 1. E . ; Thence East
212 1320 feet, more or less, to the North -South Center Section Line of said Section 3 ;
213 Thence Southeasterly 4290 feet, more or less, to the SE corner of the SW 1/4 of the SW
214 1/4 of Section 2, T. 39 N ., R 1 E . ; Thence Southeasterly 2800 feet, more or less, to the
215 most Easterly corner of Lot A, Grandview Hill Estates Cluster Short Plat #2; Thence
216 Southeasterly 1050 feet, more or less, to a point on the East-West Center Section Line
217 of Section 11, T. 39 N . , R 1 E., 1 rod Westerly of the NE corner of the NW 1/4 of the SE
218 1/4 of said Section 11; Thence Southwesterly 677 feet, more or less, to the midpoint of
219 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 ;
220 Thence Southeasterly 841feet, more or less, to a point on the South line of the NE 1/4 of
221 the SE 1/4 of said Section 11, 355 . 71 feet Easterly of the SW corner of said NE 1/4 of the
222 SE 1/4 ; Thence Southeasterly 689 feet, more or less, to a point 105 feet West of the
223 center of the SE 1/4 of the SE 1/4 of said Section 11 ; Thence East 105 feet to said center
224 of the SE 1/4 of the SE 1/4 ; Thence Southeasterly 933 feet, more or less, to the NE
225 Corner of said Section 13, T. 39 N ., R 1 E. ; Thence Easterly 240 feet along the North
226 line of said Section 13; Thence Southeasterly 935 feet, more or less, to the NW corner
227 of Lot 2, Unruh Heights Short Plat; Thence Southeasterly 1462 feet, more or less, to a
228 point on the South line of the West 1/2 of the NE 1/4 of the NW 1/4 of said Section 13,
229 trod Westerly of the SE corner of said West 1/2; Thence Southeasterly 1483 feet, more
230 or less, to the Center of said Section 13; Thence Southeasterly to the SE corner of Lot
231 126, Plat of Pacific Highlands Division No . 4; Thence generally Southerly following along
232 the Easterly boundary line of said Plat to the SE corner of Lot 153 of said Plat; Thence
233 Southeasterly to the NW corner of Lot 8, Block 4, Plat of Pacific Heights Phase I,
234 Thence Southerly along the West line of said Plat 38. 51 feet; Thence Southerly 275
235 feet, more or less, to a point on the South line of said Section 13, 285 . 5 feet West of
236 the SE corner of the SW 7/4 of the SE 1/4 of said Section 13; Thence Southeasterly 1325
237 feet, more or less, to a point on the South line of the NW 1/4 of the NE 1/4 of Section 24,
238 T. 39 N ., R 1 E., 165 feet Westerly of the SE corner of said NW 1/4 of the NE 1/4 ; Thence
239 Westerly 495 feet, more or less, along the South line of said NW 1/4 of the NE 1/4 to the
240 SW corner of the SE 1/4 of said NW 1/4 of the NE 1/4 ; Thence Southwesterly to a point on
241 the North-South Center Section Line of said Section 24, 300 feet Southerly of the NE
242 corner of the SE 1/4 of the NW 1/4 of said Section 24; Thence Southwesterly 1063 feet,
243 more or less, to a point on the South line of said SE 1/4 of the NW 1/4 , 300 feet Westerly
244 of the SE corner of said SE 1/4 of the NW 1/4 ; Thence Northwesterly 1072 feet, more or
245 less, to a point on the West line of said SE 1/4 of the NW 1/4 , 330 feet Northerly of the
246 SW corner of said SE 1/4 of the NW 1/4 ; Thence Northerly 990 feet, more or less, along
247 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;
248 Thence Northwesterly 738 feet, more or less, to the center of the South 1 of the NW
249 1/4 of the NW 1/4 of said Section 24; Thence Northwesterly 467 feet, more or less, to a
250 point on the South line of the North 1 of said NW 1/4 of the NW 1/4 , 330 feet Easterly of
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251 the SW corner of said North 1/2; Thence Northwesterly to a point on the North line of
252 said Section 24, 150 feet Easterly of the NW Corner of said Section 24; Thence
253 Northwesterly 427 feet, more or less, to a point on the West line of Section 13, T. 39
254 N . , R. 1 E. , 400 feet Northerly of the SW corner of said Section 13; Thence West 200
255 feet; Thence Southerly 400 feet, more or less, to a point on the South line of Section
256 14, T. 39 N ., R. 1 E . , 200 feet Westerly of the SE corner of said Section 14; Thence
257 Southwesterly 1300 feet, more or less, to the Northeast corner of the SE 1/4 of the NW
258 1/4 of the NE 1/4 of Section 23, T. 39 N . R. 1 E. ; Thence Southerly 660 feet, more of less,
259 to the center of the NE 1/4 of said Section 23; Thence Northwesterly 1361 feet, more or
260 less, to the Northwest corner of the South 330 feet of the West 1/2 of the NW 1/4 of the
261 NE 1/4 of said Section 23; Thence Northerly 330 feet, more or less, to the Northwest
262 corner of the SW 1/4 of said NW 1/4 of the NE 1/4 ; Thence Northwesterly 933 feet, more
263 or less, to the Northwest corner of the NE 1/4 of the NE 1/4 of the NW 1/4 of said Section
264 23; Thence Westerly 2280 feet, more or less, along Section Line common to said
265 Sections 14 and 23, and Sections 15 and 22, T. 39 N ., R 1 E. to a point 300 feet
266 Westerly of the Northeast Corner of said Section 22; Thence Southerly 1980 feet, more
267 or less, parallel with the East line of said Section 22, to the North line of the South 1/2
268 of the SE 1/4 of the NE 1/4 of said Section 22; Thence Southwesterly 752 feet, more or
269 less, to the midpoint of the North line of the NE 1/4 of the SE 1/4 of said Section 22;
270 Thence Southerly 330 feet, more or less, to the South line of the North 330 feet of said
271 NE 1/4 of the SE 1/4 ; Thence Southwesterly 955 feet, more or less, to a point on the
272 West line of said NE 1/4 of the SE 1/4 and 300 feet Northerly of the SW corner of said NE
273 1/4 of the SE 1/4 ; Thence Southwesterly 1063 feet, more or less to a point on the North
274 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
275 SE 1/4 ; Thence Southwesterly 424 feet, more or less, to a point on the West line of said
276 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 ;
277 Thence Southwesterly 752 feet, more or less, to the NE corner of Lake Terrell Short
278 Plat; Thence Southwesterly 738 feet, more or less, to the SW corner of Lot A, Lake
279 Terrell Short Plat; Thence Northwesterly 1361 feet, more or less, to the NW corner of
280 the South 1/2 of the SW 1/4 of the SW 1/4 of said Section 22; Thence West 400 feet;
281 Thence Southwesterly 690 feet, more or less, to a point on the South line of Section 21,
282 T. 39 N ., R. 1 E. and 600 feet Westerly of the SE corner of said Section 21 ; Thence
283 Southwesterly 725 feet, more or less, to a point on the North line of the South 1/2 of the
284 NE 1/4 of the NE 1/4 of Section 28, T. 39 N . , R. 1 E. and 900 feet Westerly of the East
285 line of said Section 28; Thence Southerly, parallel with the East line of said Section 28,
286 660 feet, more or less, to the North line of the SE 1/4 of the NE 1/4 of said Section 28;
287 Thence Southeasterly 725 feet, more or less, to a point on the North line of the South
288 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
289 said Section 28; Thence Southwesterly 772 feet, more or less, to a point on the South
290 line of said NE 1/4 and 1000 feet Westerly of the East line of said Section 28; Thence
291 Southerly, parallel with the East line of said Section 28, 200 feet; Thence Westerly,
292 parallel with the East-West Center Section Line of said Section 28, 500 feet; Thence
293 Southwesterly 665 feet, more or less, to the midpoint of the East line of the West 1/2 of
294 the NW 1/4 of the SE 1/4 of said Section 28; Thence Southwesterly 675 feet, more or
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295 less, to a point on the North-South Center Section Line of said Section 28 and 800 feet
296 South of the Center of said Section 28; Thence Northwesterly 1037 feet, more or less,
297 to the Northwest corner of the East 1/2 of the NE 4 of the SW 1 of said Section 28;
298 Thence Northwesterly 1476 feet, more or less, to the center of the NW 1/4 of said
299 Section 28; Thence Northeasterly 1322 feet, more or less, to a point on the North Line
300 of said Section 28 and 1245 feet Westerly of the North 1/4 Corner of said Section 28;
301 Thence Northeasterly 1/4 mile, more or less, to the point of intersection of the centerline
302 of Rainbow Road with the East-West centerline of the SW 1/4 of Section 21, T. 39 N ., R.
303 1 E. ; Thence Northwesterly 0 .4 miles, more or less, along said centerline of Rainbow
304 Road to the South line of the North 1/2 of the SW 1/4 of the NW 1/4 of said Section 21;
305 Thence Northwesterly 752 feet, more or less, to the midpoint of the North line of the
306 West 1/2 of said SW 1/4 of the NW 1/4 ; Thence Northerly 1320 feet, more or less, parallel
307 with the West line of said Section 21, to North Line of said Section 21 ; Thence
308 Northeasterly 1650 feet, more or less, to the center of the SW 1/4 of Section 16, T. 39
309 N ., R. 1 E. ; Thence Northeasterly 1361 feet, more or less, to a point on the East-West
310 Center Section Line of said Section 16 and 990 feet Westerly of the Center of said
311 Section 16; Thence Northeasterly 0.4 miles, more or less, to the Southeast corner of Lot
312 2, Lake Terrell Mobile Ranch Short Plat; Thence Northwesterly 483 feet, more or less, to
313 a point on the South Line of Section 9, T. 39 N ., R. 1 E. and 208 feet Westerly of the SE
314 corner of the SW 1/4 of the SE 1/4 of the SW 1/4 of said Section 9; Thence Northwesterly
315 1023 feet, more or less, to the midpoint of the North line of the South 330 feet of the
316 North 3/4 of the East 1/2 of the SW 1/4 of the SW 1/4 of said Section 9; Thence
317 Southwesterly 1190 feet, more or less, to the Southwest Corner of said Section 9;
318 Thence Southwesterly 1650 feet, more or less, to the SW corner of the North 3/4 of the
319 NE 1/4 of the NE 1/4 of Section 17, T. 39 N ., R. 1 E. ; Thence Southwesterly 1325 feet,
320 more or less, to a point on the North -South Center Section Line of said Section 17 and
321 1100 Southerly of the North 1/4 Corner of said Section 17; Thence Southwesterly 696
322 feet, more or less, to the midpoint of the South line of the NE 1/4 of the NW 1/4 of said
323 Section 17; Thence Northwesterly 696 feet, more or less, to a point on the West line of
324 said NE 1/4 of the NW 1/4 and 1100 feet Southerly of the NW corner of said NE 1/4 of the
325 NW 1/4 ; Thence Northwesterly 1354 feet, more or less, to a point on the West Line of
326 said Section. 17 and 800 feet Southerly of the NW Corner of said Section 17; Thence
327 Northwesterly 5284 feet, more or less, to a point on the East Line of Section 13, T. 39
328 N ., R. 1 W. and 600 feet Southerly of the NE Corner of said Section 13 ; Thence
329 Southerly 5000 feet, more or less, along said East Line of Section 13 and the East Line
330 of Section 24, T. 39 N ., R. 1 W. to the Line of Ordinary High Tide of the Strait of
331 Georgia ; Thence generally Northerly, following along the Line of Ordinary High Tide of
332 the Strait of Georgia, Birch Bay, and Semiahmoo Bay, 15 miles, more or less, to the
333 True Point of Beginning .
334 (Ord . 2009-042; Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-061; Ord .
335 2002-069; Ord . 98-019 Att. C; Ord . 95-036) .
336 16. 20.040 Revenue authority.
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337 The revenue authorities granted under Chapter 90. 72 RCW shall be exercised at the
338 discretion of the board of supervisors, which shall be the county council for the
339 operation of these districts. (Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-
340 061 ; Ord . 2002-069; Ord . 98-019 Att. C; Ord . 95-036) .
34.1 16. 20.045 Collection of charges or rates and exemptions.
342 Property owners within these shellfish protection districts may be assessed charges or
343 rates as allowed by Chapter 90 . 72 RCW to finance the shellfish protection programs.
344 The owner of any property within a shellfish protection district which is exempt from
345 charges or rates because such property is subject to the National Pollution Discharge
346 Elimination System as specified in RCW 90. 72 . 070 shall demonstrate such exemption
347 annually to the county assessor. If evidence of exemption is not provided, the property
348 will automatically convert from exempt status and the property will be subject to
349 charges or rates. Land exempt from charges and rates as specified in RCW 90 . 72 . 070
350 because of its forest land classification will automatically convert from exempt status if
351 the land classification changes and will be subject to charges or rates. (Ord . 2009-042;
352 Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-061 ; Ord . 2002-069; Ord . 98-
353 019 Att. C) .
354 16. 20.050 Sunset date and dissolution of district.
355 The Drayton Harbor shellfish protection district shall be dissolved on December 31,
356 2012, unless specifically extended by ordinance of the county legislative authority, or
357 upon the removal of the downgrade . The Portage Bay shellfish protection district shall
358 be dissolved and this chapter repealed on December 31, 2012, unless specifically
359 extended by ordinance of the county legislative authority, or upon the removal of the
360 downgrade . The Birch Bay shellfish protection district shall be dissolved and this chapter
361 repealed on December 31, 2012, unless specifically extended by ordinance of the
362 county legislative authority, or upon the removal of the downgrade. These districts may
363 also be dissolved by the county legislative authority by ordinance . The county legislative
364 authority shall review the continued need for these districts four months prior to their
365 sunset dates. (Ord . 2009-042; Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-
366 061; Ord . 2002-069; Ord . 2000-028; Ord . 98-069; Ord . 98-019 Att. C; Ord . 95-036) .
367 16. 20.060 Relationship with other entities.
368 No program or activity proposed by the district shall replace or consolidate existing
369 activities performed by cities or other non-County provided water-related special
370 purpose districts without their consent. In formulating new programs, consultation and
371 coordination shall occur with cities and other water-related special districts. (Ord . 2009-
372 042; Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-061; Ord . 2002-069; Ord .
373 98-019 Att. C; Ord . 95-036) .
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374 16. 20.065 Advisory groups.
375 The board of supervisors shall appoint advisory committees of not more than 11
376 members to advise on the overall operations of these districts. Two of the 11 members
377 will represent tribal interests of the Nooksack Tribe and Lummi Nation . In establishing
378 district advisory committees, all members shall have a direct interest in the district.
379 (Ord . 2009-042 Att. C; Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-061;
380 Ord . 2002-069; Ord . 98-019 Att. C; Ord . 95-036) .
381 16. 20 .090 Severability.
382 If any provision of this chapter is found to be invalid, all remaining provisions shall
383 continue in effect. (Ord . 2009-042 Att. C; Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A;
384 Ord . 2004-061 ; Ord . 2002-069; Ord . 98-019 Att. C; Ord . 95-036) .
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