HomeMy WebLinkAboutord2009-042 2009- 245
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
S.
Originator: �� i n r� I Jl 5/12/09 Introduction
Tang
V J
Division Head: ) 5/26/09 Hearing
J. Hutchings "J 4/ % In _
Dept Head: i,',, 1' ii/ G6' I MAY 0 5 2009
Prosecutor: / o44 /3o/09 WHATCOM COUNTY
D. Gibson
Purchasing/Budget: COUNCIL
B. Bennett _
Executive:
P. Kremen /`/ J�,/� f+�
TITLE OF DOC ENT:
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: 5/26/09
•
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 mouth of Terrell Creek, the major tributary into Birch Bay, was closed by Washington State Department of Health
(DOH) due to high counts of fecal coliform in November 2008. The Revised Code of Washington requires that a
County's legislative authority (Council) create a shellfish protection district within 180 days of DOH closing or
downgrading a shellfish growing area due to the degradation of water quality from ongoing non-point source pollution.
Regulations also require a shellfish protection program be developed to identify and address the causes of pollution.
The attached ordinance provides for the adoption and formation of the following:
• Birch Bay Shellfish Protection District
• Birch Bay Shellfish Protection Program from Birch Bay Initial Closure Response Strategy
• Amendment of Whatcom County Code 16.20 Whatcom County Shellfish Protection Districts to include the Birch
Bay Shellfish District
Work of shellfish protection districts is vital in identifying and addressing pollution sources that affect nearshore marine
environments and for protecting shellfish areas from future downgrades.
COMMITTEE ACTION: COUNCIL ACTION:
5 / 12 / 2009 : Introduced
5 / 26 / 2009 : Council Amended and Adopted 7 -0
Ord . 2009 - 042
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
95-036, 98-069, 2000-028, 2002-069,
2004-061, 2007-003, 2009 - 042
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 Eighth Drayton Harbor/Portage Bay/Birch Bay Shellfish Ord . 2009 SPONSORED BY: Consent
2 PROPOSED BY: Public Works
3 INTRODUCED : 5/ 12/09
4
5
6 ORDINANCE NO . 2009- 042
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 Ordinance 95-036,
12 creating the Drayton Harbor Shellfish Protection District, with a sunset date of December 31 ,
13 1998; and
14 WHEREAS, on March 24, 1998, the Whatcom County Council amended the Whatcom
15 County Code Chapter 16 . 20 to create the Portage Bay Shellfish Protection District; and
16 WHEREAS, the Whatcom County Council subsequently adopted Ordinances 98-069, 2000-
17 028, 2002-069, 2004-061 , 2007-003 , and 2008-55, each extending the sunset date for the
18 Drayton Harbor and Portage Bay Shellfish Protection Districts by two years; and
19 WHEREAS, on November 14, 2008, the Washington State Department of Health prohibited
zo commercial shellfish harvesting within a 670-yard radius around the mouth of Terrell Creek; and
21 WHEREAS, the Revised Code of Washington ( RCW 90 . 72) requires the legislative authority
22 of a county to create a shellfish protection district within 180 days of the State Department of
23 Health closing or downgrading a shellfish growing area due to the degradation of water quality
24 from ongoing non- point source pollution, and the regulations also require that a shellfish
25 protection program be developed to identify and address the causes of the pollution ; and
26 WHEREAS, there are three additional areas along the Birch Bay shoreline that are closed to
27 commercial shellfish harvesting ; and
28 WHEREAS, the Council established the Birch Bay Watershed and Aquatic Resources
29 Management District ( BBWARM ) in March 2007, as a sub-zone of the countywide flood control
30 zone district; and
31 WHEREAS, BBWARM projects and programs include efforts to improve water quality that
32 should have a direct effect on the closure areas; and
33 WHEREAS, BBWARM began assessment of property owners within the district for
34 implementation of the Birch Bay Comprehensive Stormwater Plan in April 2009 ; and
35 WHEREAS, the Whatcom County Council 's intent is to avoid duplicate assessments of fees
36 and charges for similar services;
37 NOW THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Birch Bay
38 Shellfish Protection District as shown in Attachment A is hereby adopted .
Ordinance: Amending WCC 16.20 Page 1 of 2
Whatcom County Shellfish Protection District
39 BE IT FURTHER ORDAINED by the Whatcom County Council that the Birch Bay Initial
40 Closure Response Strategy as shown in Attachment B is hereby adopted as the Birch Bay shellfish
41 protection program .
42 BE IT FURTHER ORDAINED by the Whatcom County Council that the amendments to
43 Whatcom County Code 16 . 20 Whatcom County Shellfish Protection Districts to include the Birch
44 Bay Shellfish District as shown in Attachment C are hereby adopted .
45 1,.\`‘.3.,AOPATE Yt i4 2 6th day of May , 2009 .
46 :$ ,''•
47 0° % -I H Sbif'•. �d WHATCOM COUNTY COUNCIL
48 A" TEStz ap 31d s . _ WHATCOM COUNTY, WASHINGTON
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52 Cler 'et*, • orar�ciI) ,)• :• h T Flee ya0d , Council Chair
53 '1,4,,17 O 0 ,,,``N %
54
55 APPROVED AS TO FORM : V Approved ( ) Denied
56
58 kv,l ,d ✓ 4 ,o, rr ,
59 Daniel L. Gibson Pete Kremen
60 Assistant Chief Civil Deputy Prosecutor County Executive
61
Date : S —z'7 a
Ordinance: Amending WCC '16.20 Page 2 of 2
Whatcom County Shellfish Protection District
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ATTACHMENT B
Birch Bay Shellfish Growing Area
Initial Closure Response Strategy — April 28, 2009
Background
The warm shallow waters and extensive mudflats of Birch Bay provide excellent conditions for shellfish . It
is the largest recreational shellfish harvesting area in Whatcom County, and one of the largest in the
state. However, it is also the fastest-urbanizing part of the county, and development is creating more
sources of water pollution as well as impairing the natural ecosystem's ability to filter and absorb those
sources.
The Washington State Department of Health ( DOH) regularly evaluates shellfish growing areas in the
state to ensure that the shellfish are safe to eat. The main concern is fecal coliform bacteria, which
indicate the presence of animal waste that can contaminate shellfish .
There have been concerns about fecal coliform in Birch Bay for over a decade. In 1996, DOH issued the
first sanitary survey—a three-part review of potential sources of fecal coliform bacteria—for Birch Bay.
The report recommended a closure at the mouth of Terrell Creek. In 2005, DOH added Birch Bay to its
list of shellfish areas threatened by fecal contamination . A 2007 shoreline survey (one of the parts of a
sanitary survey) again recommended a closure around the mouth of Terrell Creek. In October 2008,
DOH closed a 670-yard radius around the mouth of Terrell Creek to commercial shellfish harvest. ( DOH
also recommends against recreational harvest at the site.)
By state law ( RCW 90 . 72), the Whatcom County Council must establish a shellfish protection district and
adopt a shellfish protection program within 180 days of a closure.
Pollution Sources and Strategies
In the 2007 Birch Bay Shoreline Survey, DOH identified two key bacteria sources of concern in the Birch
Bay watershed : wastewater collection/disposal and agricultural activities. Other potential sources of
bacteria are domestic animals and urban wildlife.
Wastewater Collection and Disposal
The Birch Bay watershed has both a community sewer system (operated by Birch Bay Water and Sewer
District) and individual on-site sewage systems.
Community Sewer System
The Birch Bay Water and Sewer District provides wastewater services in the Birch Bay area, with its
treatment plant and other operations located at the southern tip of the bay. Wastewater is conveyed
primarily through a gravity system, although there is a force main along a segment of Birch Bay Drive,
which parallels a reach of Terrell Creek that runs along the shoreline. As the majority of the system is
below the water table, and below the creek's streambed, the District is confident that exfiltration is not
occurring . As the District is also the main purveyor of drinking water in the area, it is able to monitor
water consumption as well as wastewater volume; wastewater volume is greater than water
consumption, indicating that inflow and infiltration are more significant issues than exfiltration . The
District regularly maintains and inspects its facilities, per its NPDES permit requirements.
There are a number of private sewer systems serving trailer and RV parks that connect to the District's
sewer lines, but which do not fall under the District's jurisdiction and which may not be properly
maintained or operated .
Ordinance: Amending WCC 16.20 Attachment B
Whatcom County Shellfish Protection District Page 1. of 4
Future development may present concerns, as well . The County is considering various code and zoning
changes as part of urban growth area review and the update to the Comprehensive Plan; any
modifications should be made with water quality and shellfish concerns in mind .
Recommendations :
1 . Coordinate with the Whatcom County Health Department to identify ways to bring private sewer
systems into compliance with county operations and maintenance standards.
2. Coordinate with Whatcom County Planning and Development Services on potential changes to county
code.
On-Site Sewage Systems (OSS)
There are 500-600 OSS in the Terrell Creek watershed . With the 2007 revisions of Whatcom County
regulations, which require conventional systems to be inspected every three years and other systems
annually, the Whatcom County Health Department has created an OSS operations and maintenance
program . The program is designed to notify OSS owners of the new inspection requirements, beginning
with the coastal areas of the county, and to request the submittal of a Report of System Status, which
indicates the result of an OSS inspection . The first step of the program is to send out letters to OSS
owners, drainage by drainage; Birch Bay is scheduled to begin receiving its first round of letters in the
summer of 2009 .
Recommendations :
3 . Request regular reporting from the county health department. Each year, the shellfish district will
report recovery activities to the Washington State Department of Health (DOH ) . Key actions will
include steps that were taken to identify and remedy failing OSSs. It would also be helpful for County
Health to include the annual number of Reports of System Status that were submitted as a result of
property transfers, in order to assess public outreach needs.
4. Request the half-time County Health employee, who will be concentrating on OSS outreach and
compliance work, to dedicate a level of effort to priority subdrainages of Terrell Creek, as identified
through water quality monitoring .
Agricultural Activities
A potentially significant source of fecal coliform bacteria can be livestock manure. Livestock can
contaminate streams and wetlands with their manure, as well as erode streambanks by trampling . Farm
plans allow agricultural activities to occur near critical areas and their buffers, by putting protective
measures in place such as filter strips, managing roof water, and composting manure.
Recommendation :
5 . Contract with the Whatcom Conservation District to provide pro-active outreach and technical
assistance to small farms in the Terrell Creek watershed . Investigate the possibility of a cost-share
program for installing best management practices, using lessons learned from the pilot cost-share
program in the Drayton Harbor watershed . Conduct follow-up monitoring to evaluate effectiveness.
Domestic Animals
Pet waste is a potentially substantial source of pathogens. For instance, a gram of dog feces contains
roughly the same amount as a gram of human feces, and can carry pathogens (giardia, salmonella, etc. )
that pose a risk to human health . A 1999 study in the Lake Whatcom watershed by Applied Research
Northwest estimated 0. 54 dogs per household; similar numbers may also apply in Birch Bay.
Birch Bay already has a number of "mutt mitt" stations, which dispense bags for collecting dog waste and
provide garbage cans for disposal . The stations are maintained by Birch Bay State Park and private
citizens, with the Birch Bay Watershed and Aquatic Resources Management District to take over
maintenance of some stations in 2009 .
Ordinance: Amending WCC 16.20 Attachment B
Whatcom County Shellfish Protection District Page 2 of 4
Recommendation :
6. Support increased educational signage regarding pet waste and how it can pollute water and shellfish
beds. Evaluate maintenance of existing stations, and the need for additional stations.
Wildlife
The headwaters of Terrell Creek, Lake Terrell, are part of a state wildlife area that is used extensively by
waterfowl . Seabirds use the marine shoreline, as well . These animals are potential sources of pathogens.
Recommendation :
7. Identify any structures near the closure area that may encourage roosting, and research methods for
making them less attractive to birds.
Closure Response Process
The County's response to the closure in Birch Bay will consist of several tasks : establishing a shellfish
protection district, implementing the recommendations from the previous section, monitoring water
quality, and tracking progress. All activities will initially focus on the Terrell Creek sub-watershed .
Task 1 : Establish a Shellfish Protection District
By state law ( RCW 90 . 72), the Whatcom County Council is required to establish a shellfish protection
district for the closure area . This designation will make recovery projects more competitive for state and
local funding .
In 2007, the Whatcom County Council established the Birch Bay Watershed and Aquatic Resources
Management District (BBWARM), a subzone of the countywide flood control zone district. The following
year, the Council appointed a five-member citizen advisory committee to advise on stormwater and
related issues. Since this committee is already closely involved in water issues in Birch Bay, it would be
efficient and effective for the Council to appoint the members of this group to the advisory committee for
the shellfish protection district, with the addition of tribal representatives and shellfish interests.
The Birch Bay Shellfish Protection District advisory committee would be responsible for advising on
developing and implementing a recovery plan . Since the Birch Bay stormwater plan already includes
recommendations on infiltration and illicit discharges, the committee would likely focus on on-site sewage
system and agricultural issues. As these issues are already being addressed through expanded programs
in the County's planning and health departments, they should be relatively simple for the committee to
review. .
The Shellfish Protection District will match the BBWARM boundary. Matching the sub-zone boundary
would leverage existing programs and projects to improve water quality. It would also have the
advantage of not needing to make any administrative changes if the closure area is expanded in the
future.
Task 2: Implement Recommendations
The previous section of the strategy listed seven recommendations. Implementation of each can begin
immediately.
This task would also include a public education and involvement program, to inform citizens of the causes
of bacterial pollution and to engage them to reduce these sources. The program would fill in any gaps
not currently addressed by the Conservation Program on Agricultural Lands, OSS, or BBWARM programs.
Ordinance: Amending WCC 16 .20 Attachment B
Whatcom County Shellfish Protection District Page 3 of 4
Task 3: Monitoring
There are a variety of monitoring projects occurring in the Terrell Creek drainage and the larger Birch Bay
watershed . The County is developing a new program focused on the major subdrainages of Terrell Creek,
similar to the program that is collecting data for the Drayton Harbor TMDL. This program will help to
identify priority drainages for actions such as OSS repair and maintenance, CPAL compliance, and public
education . Over time, it will also aid in measuring progress towards reducing sources of bacteria .
Monitoring results will be summarized in a simple, easy-to-understand format, uploaded to the Birch Bay
shellfish web page, and distributed via other means.
Task 4: Tracking Progress
The County will report to DOH on progress made toward shellfish recovery on an annual basis. The report
will be given to BBWARM and other interested parties, and will be made available to the general public
via the County's marine resources web site ( http ://whatcom-mrc.whatcomcounty.org)
Ordinance: Amending WCC 16.20 Attachment B
Whatcom County Shellfish Protection District Page 4 of 4
ATTACHMENT C
Chapter 16.20
WHATCOM COUNTY SHELLFISH PROTECTION DISTRICTS
Sections :
16. 20. 010 Establishment and authority of district.
16 . 20. 015 Purpose.
16 . 20. 016 Establishment of program .
16 . 20 . 020 District boundaries.
16 . 20 .040 Revenue authority.
16. 20. 045 Collection of charges or rates and exemptions.
16 . 20. 050 Sunset date and dissolution of district.
16 . 20. 060 Relationship with other entities.
16 . 20 .065 Advisory groups.
16 . 20 .090 Severability.
16. 20.010 Establishment and authority of district.
There is hereby established the Drayton Harbor, Portage Bay, and Birch Bay shellfish protection districts
under the authority of Chapter 90 . 72 RCW, Shellfish Protection Districts. (Ord . 2009-042; Ord . 2008-055
Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-061 ; Ord . 2002-069; Ord . 98-019 Att. C; Ord . 95-036) .
16. 20.015 Purpose.
The purpose of these districts is to provide services to citizens experiencing nonpoint pollution of surface
water drainages and coastal waters and to implement those portions of the Drayton Harbor, Portage Bay,
and Birch Bay closure response strategies necessary to allow removal of the Drayton Harbor, Portage
Bay, and Birch Bay downgrades. (Ord . 2009-042; Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord .
2004-061 ; Ord . 2002-069; Ord . 98-019 Att. C; Ord . 95-036) .
16. 20.016 Establishment of program.
A. The Birch Bay Initial Closure Response Strategy, dated April 28, 2009, is hereby adopted as the Birch
Bay shellfish protection program .
B. The Portage Bay Initial Closure Response Strategy, dated February 10, 1998, is hereby adopted as the
Portage Bay shellfish protection program . (Ord . 2009-042; Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A;
Ord . 2004-061 ; Ord . 2002-069; Ord . 98-019 Att. C) .
16. 20.020 District boundaries.
A. The Drayton Harbor shellfish protection district shall be the approximate area included in the Drayton
Harbor watershed and contained within the boundaries that are declared as follows :
Commencing on the forty-ninth parallel at the point dividing the American and Canadian territory in the
Gulf of Georgia; thence easterly along said international boundary line to the intersection of Markworth
Road; thence southerly along the centerline of Markworth Road to the intersection of Badger Road;
thence easterly along the centerline of Badger Road to the intersection of Glendale Road; thence
southerly along the centerline of Glendale Road to the intersection of Loomis Trail Road; thence westerly
along the centerline of Loomis Trail Road to the intersection of Bob Hall Road; thence southerly along the
centerline of Bob Hall Road to the intersection of Birch Bay Lynden Road; thence westerly along the
centerline of Birch Bay Lynden Road to the intersection of Woodland Road ; thence southerly along the
centerline of Woodland Road to the intersection of Harksell Road; thence easterly along the centerline of
Harksell Road to the intersection of Enterprise Road; thence southerly along the centerline of Enterprise
Road to the intersection of Aldergrove Road; thence westerly along the centerline of Aldergrove Road to
Ordinance: Amending WCC 16.20 Attachment C
Whatcom County Shellfish Protection District Page 1 of 7
the intersection of Olson Road; thence northerly along the centerline of Olson Road to the intersection of
Grandview Road; thence westerly along the centerline of Grandview Road to the intersection of Valley
View Road; thence northerly along the centerline of Valley View Road to the intersection of Bay Road;
thence westerly along the centerline of Bay Road to the intersection of Kickerville Road; thence northerly
along the centerline of Kickerville Road to the intersection of Birch Bay Lynden Road; thence westerly
along the centerline of Birch Bay Lynden Road to the intersection of Blaine Road; thence northerly along
the centerline of Blaine Road to the intersection of Lincoln Road; then westerly along the centerline of
Lincoln Road to where it becomes Semiahmoo Parkway; thence following the centerline of Semiahmoo
Parkway to the intersection of Drayton Harbor Road; thence following a line running off-shore to the
point of origin in the Gulf of Georgia, plotted in such a manner as to follow existing boundaries of land
parcels.
B. The Portage Bay shellfish protection district shall be the approximate area included in the Nooksack
watershed and contained within the boundaries that are declared as follows :
Commencing on the forty-ninth parallel at the intersection of Markworth Road; thence easterly along said
international boundary line to the easterly section line of Township 41 North, Range 3 East, Section 35;
thence southerly along said section line to the intersection of Halverstick Road; thence westerly along the
centerline of Halverstick Road to the easterly section line of Township 40 North, Range 3 East, Section 3;
thence southerly along said section line to the northerly line of Township 40 North, Range 3 East, Section
11 ; thence easterly along said section line to the easterly section line of Township 40 North, Range 3
East, Section 11 ; thence southerly along said section line to the intersection of East Badger Road; thence
easterly along the centerline of East Badger Road to the intersection of Trap Line Road; thence southerly
along the centerline of Trap Line Road to the intersection with the City Limits of Everson; thence
proceeding easterly along the City Limits of Everson to the intersection with the City Limits of Nooksack;
thence proceeding along the City Limits of Nooksack to the easterly section line of Township 40 North,
Range 4 East, Section 31 ; thence southerly along said section line to the northerly section line of
Township 39 North, Range 4 East, Section 5; thence easterly along said section line to the intersection
with Nooksack Road; thence southerly along the centerline of Nooksack Road to the intersection with
Hopewell Road; thence easterly along the centerline of Hopewell Road to the intersection with Lawrence
Road; thence southerly along the centerline of Lawrence Road to the northerly section line of Township
39 North, Range 4 East, Section 21 ; thence easterly along said section line to the westerly section line of
Township 39 North, Range 4 East, Section 13; thence northerly along said section line to the northerly
section line of Township 39 North, Range 4 East, Section 1 ; thence easterly along said section line to the
westerly section line of Township 40 North, Range 5 East, Section 31 ; thence northerly along said section
line to the northerly section line of Township 40 North, Range 5 East, Section 31 ; thence easterly along
said section to the westerly line of Township 40 North, Range 5 East, Section 28; thence northerly along
said section line to the northerly line of Township 40 North, Range 5 East, Section 4; thence easterly
along said section line to the westerly section line of Township 41 North, Range 5 East, Section 34;
thence northerly along said section to the 49th parallel; thence easterly along the 49th parallel to the
easterly section line of Township 41 North, Range 5 East, Section 36; thence southerly along said section
line to the northerly section line of Township 40 North, Range 6 East, Section 6; thence easterly along
said section line to the easterly section line of Township 40 North, Range 6 East, Section 5; thence
southerly along said section to the northerly section line of Township 40 North, Range 6 East, Section 9;
thence easterly along said section line to the National Forest Boundary; thence proceeding southerly
along said National Forest Boundary to the boundary between Whatcom County and Skagit County;
thence westerly along said County boundary to the westerly section line of Township 37 North, Range 5
East, Section 34; thence northerly along said section line to the southerly section line of Township 37
North, Range 5 East, Section 21; thence westerly along said section line to the westerly section line of
Township 37 North, Range 5 East, Section 21; thence northerly along said section line to the southerly
section line of Township 37 North, Range 5 East, Section 17; thence westerly along said section line to
the westerly section line of Township 37 North, Range 4 East, Section 13; thence northerly along said
section line to the southerly section line of Township 37 North, Range 4 East, Section 11 ; thence westerly
along said section line to the westerly section line of Township 37 North, Range 4 East, Section 11 ;
thence northerly along said section line to the southerly section line of Township 38 North, Range 4 East,
Ordinance: Amending WCC 16.20 Attachment C
Whatcom County Shellfish Protection District Page 2 of 7
Section 15; thence westerly along said section line to the westerly section line of Township 38 North,
Range 4 East, Section 17; thence northerly along said section line to the southerly section line of
Township 38 North, Range 4 East, Section 7; thence westerly along said section line to the westerly
section line of Township 38 North, Range 4 East, Section 7; thence northerly along said section line to
the intersection of East Smith Road; thence westerly along the centerline of East Smith Road to the
easterly section line of Township 39 North, Range 3 East, Section 31; thence southerly along said section
line to the intersection of Kelly Road; thence westerly along the centerline of Kelly Road to the
intersection of Guide Meridian; thence southerly along the centerline of Guide Meridian to the southerly
section line of Township 38 North, Range 2 East, Section 1 ; thence westerly along said section line to the
easterly section line of Township 38 North, Range 2 East, Section 11; thence southerly along said section
to the southerly line of Township 38 North, Range 2 East, Section 11 ; thence westerly along said section
to the easterly section line of Township 38 North, Range 2 East, Section 16; thence southerly along said
section line to the intersection with Bellingham Bay; thence recommencing at the westerly section line of
Township 38 North, Range 2 East, Section 20 in the Nooksack Delta ; thence northerly along said section
line to the northerly section line of Township 38 North, Range 2 East, Section 17; thence easterly along
said section line to the centerline of the Nooksack River; thence following the centerline of the Nooksack
River to the intersection with the City Limits of Ferndale; thence westerly, proceeding along the City
Limits of Ferndale to the intersection with Mt. View Road; thence westerly along the centerline of Mt.
View Road to the intersection with the City Limits of Ferndale; thence northerly, proceeding along the
City Limits of Ferndale to the intersection with Church Road; thence northerly along the centerline of
Church Road to the intersection of Aldergrove Road; thence easterly along the centerline of Aldergrove
Road to the intersection of Enterprise Road; thence northerly along the centerline of Enterprise Road to
the intersection of Harksell Road; thence westerly along the centerline of Harksell Road to the
intersection of Woodland Road; thence northerly along the centerline of Woodland Road to the
intersection of Birch Bay-Lynden Road; thence easterly along the centerline of Birch Bay-Lynden Road to
the intersection of Bob Hall Road; thence northerly along the centerline of Bob Hall Road to the
intersection of Loomis Trail Road; thence easterly along the centerline of Loomis Trail Road to the
intersection of Glendale Road; thence northerly along the centerline of Glendale Road to the intersection
of West Badger Road; thence westerly along the centerline of West Badger Road to the intersection of
Markworth Road; thence northerly along the centerline of Markworth Road to the forty-ninth parallel,
POB.
C. The Birch Bay shellfish protection district shall be the approximate area of the Birch Bay watershed,
co-extensive with the Birch Bay Watershed and Aquatic Resources Management District (which is a sub-
zone of the Whatcom County Flood Control Zone District), and contained within the boundaries that are
declared as follows :
The Birch Bay shellfish protection district comprises all or portions of Sections 10, 11, 13, 14, 15, 16, 21,
22, 23, 24, 25, 26, 27, and 36, Township 40 North, Range 1 West, Sections 1, 2, 3, 10, 11, 12, 13, 14,
and 24, Township 39 North, Range 1 West, Sections 2 through 18, 21, 22,23, 24, and 28, Township 39
North, Range 1 East, and Sections 19, 20, 29, 30, 31, 32, 33, Township 40 North, Range 1 East, of
Willamette Meridian ; said district boundary more particularly described as follows : ( For the purposes of
this description Section, Township, and Range may be abbreviated as Section #, T # N ., R # E. or W.
and abbreviations NE for Northeast, NW for Northwest, SW for Southwest, and SE for Southeast may be
used . )
Commencing at the point of intersection of the Line of Ordinary High Tide of Semiahmoo Bay with the
Southwesterly line of Tract A, Plat of Boundary Ridge in Section 10, T. 40 N ., R. 1 W., said point being
the True Point of Beginning ; Thence Southeasterly along said Southwesterly line of Tract A, and the
Southeasterly extension thereof, 646 feet, more or less, to the centerline of Semiahmoo Parkway; Thence
generally Southerly along the centerline of Semiahmoo Parkway 1 . 5 miles, more or less, to the North-
South Center Section Line of Section 14, T. 40 N ., R. 1 W. ; Thence Northeasterly 750 feet, more or less,
to a point 350 feet due South of the most Westerly corner of Lot 65, Saint Andrew's Green Division IV -
Phase A; Thence Southeasterly 2000 feet, more or less, to the 1/4 Section Corner common to Sections 13
and 14, T. 40 N . , R. 1 W. ; Thence Southeasterly 1360 feet, more or less, to the SE corner of the North 10
Ordinance: Amending WCC 16.20 Attachment C
Whatcom County Shellfish Protection District Page 3 of 7
acres of the West 1/2 of the SW 1/4 of said Section 13; Thence Southeasterly 2214 feet, more or less, to
the SE corner of the West 20 acres of the NW 1/4 of the SE 1/4 of said Section 13; Thence Southeasterly
2380 feet, more or less, to the NE Corner of Section 19, T. 40 N . , R. 1 E. ; Thence Southeasterly 1000
feet, more or less, to the intersection of the centerlines of Seafair Drive and Oakridge Drive, Plat of
Harborview Estates; Thence Southeasterly 450 feet, more or less, to the SE corner of Lot 17, said Plat of
Harborview Estates; Thence Southeasterly 500 feet, more or less, to the intersection of the centerlines of
Glendale Drive and Bayshore Drive, Plats of said Harborview Estates and Lincoln Green, Division No. 1 ;
Thence Easterly 1015 . 73 feet along the centerline of said Bayshore Drive to the center of the cul-de-sac
at the Easterly end of said Bayshore Drive; Thence Southeasterly 200 feet, more or less, to the NW
corner of the SW 1/4 of the NE 1/4 of said Section 19; Thence Southeasterly 2820 feet, more or less, to the
NW corner of the South 330 feet of the SW 1/4 of the NW 1/4 of Section 20, T. 40 N ., R. 1 E . ; Thence
Southeasterly 2750 feet, more or less, to the NE corner of Croft's Short Plat; Thence Easterly 440 feet,
more or less, to the NE corner of the SE 1/4 of the SW 1/4 of said Section 20; Thence Southeasterly 1554
feet, more or less, to a point on the Section Line common to said Sections 20 and 29, T. 40 N . , R. 1 E.,
500 feet Westerly of the NE corner of the NW 1/4 of the NE 1/4 of said Section 29; Thence Southwesterly
1554 feet, more or less, to the SW corner of said NW 1/4 of the NE 1/4 of said Section 29; Thence
Southeasterly 1/4 mile, more or less to the SE corner of Lot 92, plat of Double RR Ranch; Thence
Southeasterly 875 feet, more or less, to the NE corner of Lot 46, said Plat of Double RR Ranch; Thence
Southerly 700 feet, more or less, to the NE corner of Lot 39, said Plat of Double RR Ranch; Thence
Southwesterly 540 feet, more or less, to the SW corner of Lot 26, said plat of Double RR Ranch; Thence
Easterly 460 feet, more or less, to the SE corner of Lot 37, said plat of Double RR Ranch; Thence
Southeasterly 962 feet, more or less, to the center of the SE 1/4 of the SE 1/4 of said Section 29; Thence
Southeasterly 710 feet, more or less, to a point on the North line of Section 32, T. 40 N ., R. 1 E. 397 feet
Westerly of the NE Corner of said Section 32; Thence Southeasterly 2166 feet, more or less, to the center
of the NW 1/4 of Section 33, T. 40 N ., R. 1 E. ; Thence Easterly along the East-West centerline of said NW
1/4 660 feet, more or less to the Northwesterly right-of-way line of the GNRR ( BNSF) Spur; Thence
Southwesterly one mile, more or less, along said Northwesterly right-of-way line to the Section Line
common to said Section 32 and Section 5, T. 39 N ., R 1 E. ; Thence Southeasterly 1458 feet, more or less
to the NW corner of the SW 1/4 of the NW 1/4 of the NW 1/4 of Section 4, T. 39 N . , R 1 E . ; Thence
Southeasterly 1476 feet, more or less, to the NW corner of the SE 1/4 of the NW 1/4 of said Section 4;
Thence Easterly 1320 feet, more or less, to the NE corner of said SE 1/4 of the NW 1/4 ; Thence
Southeasterly 3300 feet, more or less, to the NE corner of the SE 1/4 of the NE 1/4 of the SE 1/4 of said
Section 4; Thence Southeasterly 1361 feet, more or less, to the SE corner of Lot 3, Grandview Highlands
Short Plat in Section 3, T. 39 N ., R 1 E . ; Thence East 1320 feet, more or less, to the North-South Center
Section Line of said Section 3; Thence Southeasterly 4290 feet, more or less, to the SE corner of the SW
1/4 of the SW 1/4 of Section 2, T. 39 N ., R 1 E. ; Thence Southeasterly 2800 feet, more or less, to the most
Easterly corner of Lot A, Grandview Hill Estates Cluster Short Plat # 2; Thence Southeasterly 1050 feet,
more or less, to a point on the East-West Center Section Line of Section 11, T. 39 N ., R 1 E . , 1 rod
Westerly of the NE corner of the NW 1/4 of the SE 1/4 of said Section 11 ; Thence Southwesterly 677 feet,
more or less, to the midpoint of 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 ; Thence Southeasterly 841feet, more or less, to a point on the South line of the NE 1/4 of the
SE 1/4 of said Section 11, 355 . 71 feet Easterly of the SW corner of said NE 1/4 of the SE 1/4 ; Thence
Southeasterly 689 feet, more or less, to a point 105 feet West of the center of the SE 1/4 of the SE 1/4 of
said Section 11; Thence East 105 feet to said center of the SE 1/4 of the SE 1/4 ; Thence Southeasterly 933
feet, more or less, to the NE Corner of said Section 13, T. 39 N ., R 1 E. ; Thence Easterly 240 feet along
the North line of said Section 13; Thence Southeasterly 935 feet, more or less, to the NW corner of Lot 2,
Unruh Heights Short Plat; Thence Southeasterly 1462 feet, more or less, to a point on the South line of
the West 1/2 of the NE 1/4 of the NW 1/4 of said Section 13, trod Westerly of the SE corner of said West
1/2; Thence Southeasterly 1483 feet, more or less, to the Center of said Section 13; Thence
Southeasterly to the SE corner of Lot 126, Plat of Pacific Highlands Division No. 4; Thence generally
Southerly following along the Easterly boundary line of said Plat to the SE corner of Lot 153 of said Plat;
Thence Southeasterly to the NW corner of Lot 8, Block 4, Plat of Pacific Heights Phase I, Thence
Southerly along the West line of said Plat 38 . 51 feet; Thence Southerly 275 feet, more or less, to a point
on the South line of said Section 13, 285 . 5 feet West of the SE corner of the SW 1/4 of the SE 1/4 of said
Section 13 ; Thence Southeasterly 1325 feet, more or less, to a point on the South line of the NW 1/4 of
Ordinance: Amending WCC 16.20 Attachment C
Whatcom County Shellfish Protection District Page 4 of 7
the NE 1/4 of Section 24, T. 39 N ., R 1 E., 165 feet Westerly of the SE corner of said NW 1/4 of the NE 1/4 ;
Thence Westerly 495 feet, more or less, along the South line of said NW 1/4 of the NE 1/4 to the SW
corner of the SE 1/4 of said NW 1/4 of the NE 1/4 ; Thence Southwesterly to a point on the North-South
Center Section Line of said Section 24, 300 feet Southerly of the NE corner of the SE 1/4 of the NW 1/4 of
said Section 24; Thence Southwesterly 1063 feet, more or less, to a point on the South line of said SE 1/4
of the NW 1/4, 300 feet Westerly of the SE corner of said SE 1/4 of the NW 1/4 ; Thence Northwesterly 1072
feet, more or less, to a point on the West line of said SE 1/4 of the NW 1/4, 330 feet Northerly of the SW
corner of said SE 1/4 of the NW 1/4 ; Thence Northerly 990 feet, more or less, along 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; Thence Northwesterly 738 feet, more
or less, to the center of the South 1/2 of the NW 1/4 of the NW 1/4 of said Section 24; Thence
Northwesterly 467 feet, more or less, to a point on the South line of the North 1/2 of said NW 1/4 of the
NW 1/4, 330 feet Easterly of the SW corner of said North 1/2; Thence Northwesterly to a point on the
North line of said Section 24, 150 feet Easterly of the NW Corner of said Section 24; Thence
Northwesterly 427 feet, more or less, to a point on the West line of Section 13, T. 39 N ., R. 1 E., 400 feet
Northerly of the SW corner of said Section 13; Thence West 200 feet; Thence Southerly 400 feet, more
or less, to a point on the South line of Section 14, T. 39 N . , R. 1 E., 200 feet Westerly of the SE corner of
said Section 14; Thence Southwesterly 1300 feet, more or less, to the Northeast corner of the SE 1/4 of
the NW 1/4 of the NE 1/4 of Section 23, T. 39 N . R. 1 E. ; Thence Southerly 660 feet, more of less, to the
center of the NE 1/4 of said Section 23 ; Thence Northwesterly 1361 feet, more or less, to the Northwest
corner of the South 330 feet of the West 1/2 of the NW 1/4 of the NE 1/4 of said Section 23; Thence
Northerly 330 feet, more or less, to the Northwest corner of the SW 1/4 of said NW 1/4 of the NE 1/4 ;
Thence Northwesterly 933 feet, more or less, to the Northwest corner of the NE 1/4 of the NE 1/4 of the
NW 1/4 of said Section 23; Thence Westerly 2280 feet, more or less, along Section Line common to said
Sections 14 and 23, and Sections 15 and 22, T. 39 N ., R 1 E. to a point 300 feet Westerly of the
Northeast Corner of said Section 22; Thence Southerly 1980 feet, more or less, parallel with the East line
of said Section 22, to the North line of the South 1/2 of the SE 1/4 of the NE 1/4 of said Section 22; Thence
Southwesterly 752 feet, more or less, to the midpoint of the North line of the NE 1/4 of the SE 1/4 of said
Section 22; Thence Southerly 330 feet, more or less, to the South line of the North 330 feet of said NE 1/4
of the SE 1/4 ; Thence Southwesterly 955 feet, more or less, to a point on the West line of said NE 1/4 of
the SE 1/4 and 300 feet Northerly of the SW corner of said NE 1/4 of the SE 1/4 ; Thence Southwesterly
1063 feet, more or less to a point on the North 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 SE 1/4 ; Thence Southwesterly 424 feet, more or less, to a point on the West
line of said 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 ; Thence
Southwesterly 752 feet, more or less, to the NE corner of Lake Terrell Short Plat; Thence Southwesterly
738 feet, more or less, to the SW corner of Lot A, Lake Terrell Short Plat; Thence Northwesterly 1361
feet, more or less, to the NW corner of the South 1/2 of the SW 1/4 of the SW 1/4 of said Section 22;
Thence West 400 feet; Thence Southwesterly 690 feet, more or less, to a point on the South line of
Section 21, T. 39 N ., R. 1 E . and 600 feet Westerly of the SE corner of said Section 21 ; Thence
Southwesterly 725 feet, more or less, to a point on the North line of the South 1/2 of the NE 1/4 of the NE
1/4 of Section 28, T. 39 N ., R. 1 E . and 900 feet Westerly of the East line of said Section 28; Thence
Southerly, parallel with the East line of said Section 28, 660 feet, more or less, to the North line of the SE
1/4 of the NE 1/4 of said Section 28; Thence Southeasterly 725 feet, more or less, to a point on the North
line of the South 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
said Section 28; Thence Southwesterly 772 feet, more or less, to a point on the South line of said NE 1/4
and 1000 feet Westerly of the East line of said Section 28; Thence Southerly, parallel with the East line of
said Section 28, 200 feet; Thence Westerly, parallel with the East-West Center Section Line of said
Section 28, 500 feet; Thence Southwesterly 665 feet, more or less, to the midpoint of the East line of
the West 1/2 of the NW 1/4 of the SE 1/4 of said Section 28; Thence Southwesterly 675 feet, more or less,
to a point on the North-South Center Section Line of said Section 28 and 800 feet South of the Center of
said Section 28; Thence Northwesterly 1037 feet, more or less, to the Northwest corner of the East 1/2 of
the NE 1/4 of the SW 1/4 of said Section 28; Thence Northwesterly 1476 feet, more or less, to the center of
the NW 1/4 of said Section 28; Thence Northeasterly 1322 feet, more or less, to a point on the North Line
of said Section 28 and 1245 feet Westerly of the North 1/4 Corner of said Section 28; Thence
Northeasterly 1/4 mile, more or less, to the point of intersection of the centerline of Rainbow Road with
the East-West centerline of the SW 1/4 of Section 21, T. 39 N ., R. 1 E. ; Thence Northwesterly 0.4 miles,
Ordinance: Amending WCC 16.20 Attachment C
Whatcom County Shellfish Protection District Page 5 of 7
more or less, along said centerline of Rainbow Road to the South line of the North 1/2 of the SW 1/4 of the
NW 1/4 of said Section 21 ; Thence Northwesterly 752 feet, more or less, to the midpoint of the North line
of the West 1/2 of said SW 1/4 of the NW 1/4 ; Thence Northerly 1320 feet, more or less, parallel with the
West line of said Section 21, to North Line of said Section 21; Thence Northeasterly 1650 feet, more or
less, to the center of the SW 1/4 of Section 16, T. 39 N ., R. 1 E. ; Thence Northeasterly 1361 feet, more or
less, to a point on the East-West Center Section Line of said Section 16 and 990 feet Westerly of the
Center of said Section 16; Thence Northeasterly 0.4 miles, more or less, to the Southeast corner of Lot 2,
Lake Terrell Mobile Ranch Short Plat; Thence Northwesterly 483 feet, more or less, to a point on the
South Line of Section 9, T. 39 N ., R. 1 E . and 208 feet Westerly of the SE corner of the SW 1/4 of the SE
1/4 of the SW 1/4 of said Section 9; Thence Northwesterly 1023 feet, more or less, to the midpoint of the
North line of the South 330 feet of the North 3/4 of the East 1/2 of the SW 1 of the SW 1/4 of said Section
9; Thence Southwesterly 1190 feet, more or less, to the Southwest Corner of said Section 9; Thence
Southwesterly 1650 feet, more or less, to the SW corner of the North 3/4 of the NE 1/4 of the NE 1/4 of
Section 17, T. 39 N ., R. 1 E . ; Thence Southwesterly 1325 feet, more or less, to a point on the North-
South Center Section Line of said Section 17 and 1100 Southerly of the North 1/4 Corner of said Section
17; Thence Southwesterly 696 feet, more or less, to the midpoint of the South line of the NE 1/4 of the
NW 1/4 of said Section 17; Thence Northwesterly 696 feet, more or less, to a point on the West line of
said NE 1/4 of the NW 1/4 and 1100 feet Southerly of the NW corner of said NE 1/4 of the NW 1/4 ; Thence
Northwesterly 1354 feet, more or less, to a point on the West Line of said Section 17 and 800 feet
Southerly of the NW Corner of said Section 17; Thence Northwesterly 5284 feet, more or less, to a point
on the East Line of Section 13, T. 39 N ., R. 1 W. and 600 feet Southerly of the NE Corner of said Section
13; Thence Southerly 5000 feet, more or less, along said East Line of Section 13 and the East Line of
Section 24, T. 39 N ., R. 1 W. to the Line of Ordinary High Tide of the Strait of Georgia; Thence generally
Northerly, following along the Line of Ordinary High Tide of the Strait of Georgia, Birch Bay, and
Semiahmoo Bay, 15 miles, more or less, to the True Point of Beginning .
(Ord . 2009-042; Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-061 ; Ord . 2002-069; Ord . 98-
019 Att. C; Ord . 95-036) .
16. 20.040 Revenue authority.
The revenue authorities granted under Chapter 90 . 72 RCW shall be exercised at the discretion of the
board of supervisors, which shall be the county council for the operation of these districts. (Ord . 2008-
055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-061 ; Ord . 2002-069; Ord . 98-019 Att. C; Ord . 95-036) .
16. 20.045 Collection of charges or rates and exemptions.
Property owners within these shellfish protection districts may be assessed charges or rates as allowed by
Chapter 90. 72 RCW to finance the shellfish protection programs. The owner of any property within a
shellfish protection district which is exempt from charges or rates because such property is subject to the
National Pollution Discharge Elimination System as specified in RCW 90 . 72.070 shall demonstrate such
exemption annually to the county assessor. If evidence of exemption is not provided, the property will
automatically convert from exempt status and the property will be subject to charges or rates. Land
exempt from charges and rates as specified in RCW 90 .71070 because of its forest land classification will
automatically convert from exempt status if the land classification changes and will be subject to charges
or rates. (Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-061; Ord . 2002-069; Ord . 98-019 Att.
C) .
16. 20.050 Sunset date and dissolution of districts.
A. The Drayton Harbor shellfish protection district shall be dissolved on December 31, 2010, unless
specifically extended by ordinance of the county legislative authority, or upon the removal of the
downgrade. .
Ordinance: Amending WCC 16.20 Attachment C
Whatcom County Shellfish Protection District Page 6 of 7
B. The Portage Bay shellfish protection district shall be dissolved and this chapter repealed on December
31, 2010, unless specifically extended by ordinance of the county legislative authority, or upon the
removal of the downgrade.
C. The Birch Bay shellfish protection district shall be dissolved and this chapter repealed on December
31, 2010, unless specifically extended by ordinance of the county legislative authority, or upon the
removal of the downgrade.
These districts may also be dissolved by the county legislative authority by ordinance. The county
legislative authority shall review the continued need for these districts four months prior to their sunset
dates . (Ord . 2009-042; Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-061; Ord . 2002-069;
Ord . 2000-028; Ord . 98-069; Ord . 98-019 Att. C; Ord . 95-036) .
16. 20.060 Relationship with other entities.
No program or activity proposed by any of these districts shall replace or consolidate existing activities
performed by cities or other non-County provided water-related special purpose districts without their
consent. In formulating new programs, consultation and coordination shall occur with cities and other
water-related special districts. (Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-061; Ord . 2002-
069; Ord . 98-019 Att. C; Ord . 95-036) .
16. 20.065 Advisory groups.
The board of supervisors shall appoint advisory committees of not more than 11 members to advise on
the overall operations of these districts. Two of the 11 members will represent tribal interests of the
Nooksack Tribe and Lummi Nation . In establishing district advisory committees, all members shall have a
direct interest in the district. (Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-061 ; Ord . 2002-
069; Ord . 98-019 Att. C; Ord . 95-036) .
16. 20.090 Severability. .
If any provision of this chapter is found to be invalid, all remaining provisions shall continue in effect.
(Ord . 2008-055 Exh . A; Ord . 2007-003 Exh . A; Ord . 2004-061 ; Ord . 2002-069; Ord . 98-019 Att. C; Ord .
95-036) .
Ordinance: Amending WCC 16.20 Attachment C
Whatcom County Shellfish Protection District Page 7 of 7