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HomeMy WebLinkAboutres2009-077 2009 - 454 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: �`� 1 Ail l ZS /01 _ P&D �/ J Dec. 8, Committe_.P/rnnnril Division Head: . Dept. Head: 57� l/ a2 Prosecutor /(- 'Z / / 9 Purchasing/Budget: Executive: TITLE OF DOCUMENT: Resolution Approving the Development Agreement between Whatcom County and the Birch Bay Bible Community Church ; and authorizing the County Executive to sign the Development Agreement. ATTACHMENTS: Recommendation from the Whatcom County Hearing Examiner to the Whatcom County Council, Staff Report/Recommendation from PDS to the Whatcom County Hearing Examiner and the Development Agreeement SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) A recommendation of approval of the Development Agreement between Whatcom County and Birch Bay Bible Community Church pursuant to WCC16 . 16. 260(E)( 1 ) and pursuant to the authority granted by RCW36. 70B . 170 through .210 was forwarded to the Whatcom County Hearing Examiner on October 23 , 2009 . Pursuant to WCC20.92 . 850( 1 ),. the Whatcom County Hearing Examiner conducted an open record public hearing on October 28 , 2009 for the development agreement as defined in the Growth Management Act, Chapter 36.7.B RCW. Pursuant to WCC20.92 . 850 (2), the Whatcom County hearing examiner made a recommendation to the Whatcom County Council to approve the Development Agreement. This recommendation is dated November 16, 2009. COMMITTEE ACTION: COUNCIL ACTION: 12 / 8 / 2009 : Forwarded to Council for approval 12 / 8 / 2009 : Council Approved 6-0 . . Res . 2009 - 077 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Res . 2009 - 077 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County 's website at: www. co. whatcom. wa. us/council. SPONSORED BY : Consent PROPOSED ' By : _PDS ., INTRODUCED : 12 / 8 / 2009 RESOLUTION NO . 2009 - 077 APPROVING THE DEVELOPMENT AGREEMENT BETWEEN WHATCOM COUNTY AND BIRCH BAY BIBLE COMMUNITY CHURCH WHEREAS, Whatcom County Planning and Development Services received an application for a Development Agreement between Whatcom County and Birch Bay Bible Community Church pursuant to WCC16 . 16 . 260 ( E) ( 1 ) and pursuant to the authority granted by RCW 36 . 70B . 170 through . 210 ; and WHEREAS, WCC20 . 92 . 850 ( 1 ) designates the hearing examiner to conduct an open record public hearing for development agreements as defined in the Growth Management Act, Chapter 36 . 70B RCW ; and WHEREAS, An open record public hearing for the development agreement was conducted on October 28 , 2009 ; and WHEREAS, A SEPA Determination of Nonsignificance was issued by Whatcom County Planning and Development on December 23 , 2008 ; and WHEREAS , A SEPA Addendum in order to reference the Development Agreement was distributed on October 7 , 2009 ; and WHEREAS , Pursuant to WCC20 . 92 . 850 ( 2 ) the Whatcom County hearing examiner made a recommendation of approval to the Whatcom County Council of the development agreement on November 16 , 2009 . NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Development Agreement between Whatcom County and Birch Bay Bible Community Church is hereby approved . Page 1 APPROVED this 8th day of December , 2009 . ` ` 1 % 111 ► It ► t►//1/ �•��` \_• • HgrC • .�✓ �. WHATCOM COUNTY COUNCIL A __ * 0. WHATCOM COUNTY, WASHINGTON rt C • .le•, N fl i s , may, _ a • titre D ja Misr . - Ia s, &1c of he Council : eth Fle /wood , Council Chair • SHIN ° APPFfldlED Ate• O FORM` ✓/."_ v. "inth1it % 9\ ..-/`v Royce Baal n4 7. -ivil Deputy Prosecutor Page 2 tont-- ut. 2o09tz 04S II Mill III 2100100409 C, Page 1 of 53 110612010 3 : 16 PM et/ AGR $ 114 . 00 Whatcom County , WA Request of : WHATCOM COUNTY COUNCIL apses i2 . 31 -202• 5' RETURN DOCUMENT TO : MARINA ENGELS WHATCOM COUNTY COUNCIL OFFICE DOCUMENT TITLE ( S ) : . DEVELOPMENT AGREEMENT BETWEEN WHATCOM COUNTY AND BIRCH BAY BIBLE COMMUNITY CHURCH REFERENCE NUMBER( S ) OF DOCUMENTS ASSIGNED OR RELEASED : Contract Number: 200912043 Additional reference numbers found on page of document. GRANTOR( S ) : Whatcom County Additional grantors found on page of document. GRANTEE ( S ) : Birch Bay Bible Community Church Additional grantees found on page of document. ABBREVIATED LEGAL DESCRIPTION ( Lot, block, plat, or section, township, range) The South 720 feet of the West 605 feet of the Southwest quarter of the Southwest quarter of Section 32, Township 40 North, Range 1 East, W. M. Additional legal description can be found on page of document. ASSESSOR'S PARCEL NUMBER : 400132 033039 0000 and 400132 033039 0001 SCANNED1a /9° efit'SX WHA TC OM COUNTY so ORIGINAL CONTRACT NO . DEVELOPMENT AGREEMENT a � 9 Za4 3:: .1 This Development Agreement (the "Agreement") is entered into by and between Whatcom County (the "County") and the Birch Bay Bible Community Church (the "BBBCC") pursuant to the authority granted by RCW 36 . 70B . 170 through . 210, and WCC Title 16 , ( 16. 16.260 E) to promote the development of certain real property located within the County upon the following terms and conditions set forth herein . WHEREAS, the BBBCC owns certain property identified in Exhibit A ("Property") and legally described in Exhibit B. The Property is an approximate 8 .96-acre parcel located at the northeast corner of Bay Road and giaine Road , in Whatcom County, Washington, within a portion of Section 32, Township 40 North , Range 1 East, W. M . ; Latitude 48°56'20" North , Longitude 122°43'53" West; and WHEREAS , over the past three years the BBBCC and the County have been engaged in discussions concerning the construction of a new church facility, the BBBCC pursued project development through the Conditional Use Permit process, the BBBCC met with County staff who provided the BBBCC the possible option to pursue permitting of the project under this Agreement; and WHEREAS, on the effective date of this Agreement, the BBBCC and Whatcom County enter into the Agreement wherein both Parties agree that the BBBCC had demonstrated conformance with the Critical Areas Ordinance in the development plans as described herein ; and WHEREAS, the BBBCC has consulted with the Washington State Department of Ecology (Ecology) and the US Army Corps of Engineers (Corps) and have received a Section 401 Water Quality certification from Ecology and Section 404 permit from the Corps, copies of which are attached as Exhibits C and D. Permit conditions are included in the development plans as described in the Compensatory Wetland Mitigation Plan , Exhibit E herein; and WHEREAS, the Parties agree that the purpose of this Agreement is to allow the BBBCC to go forward with their plans to construct, in two phases, their proposed development of a church on said property as described herein , Exhibits F and G; and WHEREAS, the County and the BBBCC recognize the mutual benefit arising from this Agreement providing that certain uses, development standards and mitigation are vested as set forth and herein shall be allowed without further approval or review, (other than building permit review and reviews associated with the building permit review process for the purposes of compliance with building code requirements and for compliance with any terms and conditions of this Agreement); and WHEREAS, the County and the BBBCC recognize the mutual benefits (net gains in biological, ecological , and wetland functions and values as prescribed within the Whatcom County Critical Areas Ordinance) arising from the BBBCC's wetland mitigation plan and the permit requirements from the Corps and Ecology; and BBBCC; Development Agreement, 13 Oct 2009 Page 1 of 8 WHEREAS, the BBBCC has entered into this Agreement with the County to seek approval to resolve the Critical Areas Ordinance concerns while providing relief for the Property from strict adherence to the sequencing requirements found within the Critical Areas Ordinance due to the reasons provided below which relate to the requirements for the use of the property as a church as described herein . a . A scarcity of alternative sites meeting the requirements of acreage, location, cost, and suitability for church development (a site with less critical areas), b. Anticipated increase in attendance: current church membership averages 160, with attendance spikes to over 200 due to weddings, funerals, special events , and summer resort visitors. Studies of Birch Bay show that it is one of the fastest growing communities in Whatcom County (the U. S. Census showed a population increase in Birch Bay of 87% from the 1990 census of 2,656 people to the 2000 census of 4, 971 people, and estimated an increase to 7,000 people by 2006, and 9,619 people by 2022, with the potential to reach that amount by 2010). The BBBCC's goal is to provide enough space in the future to grow and to serve 300 to 500 congregants, which is considered a mid-sized church, c. . Impending need to relocate: the unsuitability of the current church size, design, and lack of office space and accessibility for the elderly and disabled prompted the sale of the original church property which was purchased by British Petroleum. The BBBCC has been allowed continued use of the current sanctuary via a lease with British Petroleum which expires in October 2010. d. Community need for meeting space: The BBBCC is currently the only facility in Birch Bay capable of hosting public meetings of more than 75 people. Community needs include a space for banquets associated with the weddings, funerals, and events hosted; a safe space for youth• programs, athletics, and special events; an exercise area and programs for senior citizens; a local sports ministry playfield; and a larger public meeting facility. The community has shown public support for the BBBCC facilities; and WHEREAS, the County recognizes that the BBBCC retained •Aqua-Tern Systems, Inc. (ATSI) to complete a Wetland/Fish and Wildlife Reconnaissance and Delineation that has been submitted to the County for review; and WHEREAS, in June 2006 the BBBCC met with Whatcom County Planning for guidance related to the permitting process. In January 2007 applications for water, fire, and septic system approval for the new facility were submitted to the County with the conditional use permit. On 29 January 2007 the County contacted the BBBCC to request a critical areas report for the site. On 15 May 2007, ATSI observed and delineated wetlands on the property and adjacent properties as described herein. ATSI delineated four wetlands on the BBBCC property: Wetland D, a Category III palustrine scrub-shrub/emergent seasonally flooded (PSS/EMC) wetland approximately 15,607 square feet in size in the northwest comer, Wetland A, a Category IV palustrine emergent (PEMC) wetland approximately 1,300 square feet in size found in the southwest comer of the site; Wetland B, a BBBCC; Development Agreement 13 Oct 2009 Page 2of8 • Category IV palustrine emergent ( PEMC) wetland approximately 3, 355 square feet in size, located north of Wetland A and west of Wetland C; and Wetland C, a Category IV palustrine emergent (PEMC), approximately 35,294 square feet in size which spans the site from its mid portion to its eastern edge, A wetland reconnaissance and delineation were conducted on the neighboring parcel, the "Pollock parcel", as a suitable wetland mitigation area. Four Category IV wetlands were identified on the Pollock parcel, two dug north/south swales, and a ditch along the northern edge, On 26 March 2008, the on-site soils were investigated, as recommended by Ecology, to determine the feasibility of using the northern portion of the Property and the Pollock parcel for wetlands mitigation. These sites were determined to be feasible to create and rehabilitate areas for wetland mitigation based on the types of soil and hydrology present on a seasonal basis; and With multiple wetlands found on the Bay-Blaine Road site, the BBBCC was advised to continue its search for a more suitable property and/or to find one that could be utilized for off-site mitigation should the need arise. A total of 12 additional sites were investigated by the BBBCC and the best five were then reviewed by ATSI. The outcome of the property assessments was that they were all wetter than the currently purchased site; and WHEREAS, the County recognizes that no suitable alternative sites are available and the BBBCC has completed a thorough avoidance and minimization process regarding wetland impacts. The BBBCC has contacted the Corps, Whatcom County, and Ecology for guidance related to jurisdiction, avoidance, and mitigation, and that these agency comments will be incorporated into the final Compensatory Wetland Mitigation Plan which is incorporated into this Agreement, Exhibit E; and WHEREAS, the Whatcom County Council authorizes the County. Executive to execute this Agreement on behalf of the County; and WHEREAS, the County issued a Determination of Non-significance on December 23, 2008; and WHEREAS, following public notice provided in a manner consistent with the County requirements and by law, a public hearing was held by the County Hearings Examiner on January 7, 2009 - - : : - - _ - - • — - a fta a a a • and - - - - - ' - = = = am - ' - = = • - = • - •a WHEREAS, the County issued an addendum to the SEPA Threshold Determination which references this Development Agreement. THEREFORE, in consideration of the mutual promises and covenants contained herein, the County and the BBBCC agree as follows: 1. Approval of Development. The BBBCC is hereby authorized to construct the Church facility as set forth in Exhibits F & G. This proposed project is a phased development BBBCC; Development Agreement, 13 Oct 2009 Page 3of8 which , at full build out, will include a total of 41 ,360 square feet (0.95 acres) of building area ; 110,533 square feet (2. 54 acres) of sidewalks, asphalt access roads, and parking areas; a sports ministry field to the north of the proposed church building; a septic drainfield located in the northeast corner of the sports ministry field ; a curtain drain upgradient of the drainfield; biofiltration swales, rain gardens and a wet pond ; and a detention pond located in the northwest corner of the site, Exhibits F and G. 2. Property. The location of the Property subject to this Agreement is depicted on Exhibit A and legally described in Exhibit B. a Conditions. The development is subject to the Findings of Fact, Conclusions of Law and decision of the Hearing Examiner for CUP2007-00003 and decision of the County Council in regard to the Development Agreement. 4. Development Standards. 4. 1 Maximum Height. Maximum height shall be limited to 35 feet. Height of structure shall conform where applicable to general requirements of WCC 20.80.675. 4.2 Lot Coverage. No structure or combination of structures, including accessory buildings, shall occupy or cover more than 35% of the 8.96 acre site. 4.3 Landscaping. Landscaping shall be consistent with WCC 20.80.300 which is incorporated by reference herein. All landscaping/buffering and parking shall be installed per the approved plan or bonded for 125% of the cost of labor and materials for installation and irrigation prior to issuance of a certificate of occupancy by the proposed phase building construction. In addition of the landscape maintenance bond for 10% of the costs of materials and labor for installation shall be submitted prior to issuance of a certificate of occupancy permit. This bond shall be released in two years after completion of the landscaping if the landscaping has been maintained in a healthy growing condition and any dead or dying plants have been replaced per WCC 20.80.370. 4.4 Parking Requirements. BBBCC was able to demonstrate through parking study an average parking ratio of one space per two seats in the sanctuary. BBBCC proposes 244 total parking spaces. The parking study also indicates that at maximum build out the estimated parking requirements will be 292 spaces. 4.5 Drainage. All development activity within Whatcom County shall be subject to the stormwater management. provisions of the Whatcom County Development. Standards. 4.6 Outdoor Lighting. All outdoor lighting shall be shielded and directed away from neighboring streets and properties. BBBCC; Development Agreement, 13 Oct 2009 Page4of8 4. 7 Signage. BBBCC is permitted one identification sign , one directional sign , which shall comply with the sign requirements of WCC 20.80.400 and a building permit shall be required to be obtained before the installation of the signage. 4.8 Trash, Garbage, Storage. All trash and/or garbage collection and storage areas must be screened from view from adjacent streets and properties using a solid fence or wall at a minimum of 6 feet high per WCC 20.80.355. The location of the garbage collection area shall be approved by the local service provided to insure that garbage trucks can adequately access the dumpster. 4.9 Sewage. The property shall be serviced by private on-site septic system which will provide sewage disposal for the facility. BBBCC is required to obtain Health Department approval for the sewage disposal system. 4. 10 Water Service. Birch Bay Water and Sewer District No. 8 will provide firewater for the site and Bell Bay Jackson Water Association will provide drinking water. 4. 11 Incorporation by Reference. The conditions of approval attached to the Department of Ecology 401 water quality certificate, and JARPA Section 404 permit conditional use permit issued by the Whatcom County Hearing Examiner and any conditions of approval attached by Whatcom County Council to the approval of the Development Agreement are incorporated by reference herein . 4. 12 Mitigation Plan. As provided in Exhibit E. 5. Final Approval. This Agreement shall be deemed the final land use approval . All land disturbance permits and construction permitting shall be, obtained prior to commencement of construction and development. 6. Notification to County. Prior to commencement of any activity permitted by this Agreement, the BBBCC shall notify the Technical Administrator and County Planning Director in writing of the date of the commencement of any such activity and provide a description and scope of the activity planned . 7. Vested Rights. The permitted land and conditional land uses identified in this Agreement are entitled to and vested within the property described in Exhibit B and shall be subject only to. those rules, requirements approved site plan and Compensatory Wetland Mitigation Plan as set forth in this Agreement and conditions attached by the County Council or Hearing Examiner upon the approval of the Development Agreementand Conditional Use Permit; provided, however that any building structure 'shall be subject to the applicable building code requirements, Zoning Code, fire code, health code and engineering requirements. a Variances. Nothing herein shall limit or prohibit the BBBCC from seeking a variance from any of these standards pursuant to the variance criteria set forth in the WCC20.84. BBBCC; Development Agreement, 13 Oct 2009 ; Page5of8 9. Anticipated Development Phasing. Exhibits F and G depict two development areas within the subject property. The BBBCC anticipates that it will conduct development in accordance with said phases. However, nothing herein shall preclude the BBBCC from deviating from the development phasing described herein upon approval from the Whatcom County Council or applicable agencies, i.e. , Ecology and Corps. 10. Conservation Easement A Conservation Easement shall be established by the BBBCC for the northern portion of the Property and that northern portion of the Pollock parcel as indicated in the Wetland Mitigation Plan given to the County and as indicated on the Phased Development. plan sheets (Exhibits F and G) and those areas containing the compensatory wetland mitigation, protected wetlands and associated protected buffers. 11. SEPA Review. The State Environmental Policy Act (SEPA) review has been conducted and completed by the County and the County has issued a determination of non- significance (DNS). 12. Recording. This Agreement shall, when approved by the County Council and executed by the Parties hereto, be filed as a matter of public record in the office of the Whatcom County Auditor and shall be in the nature of a covenant running with the BBBCC Property. 13. Dispute Resolution. In the event of any dispute as to the interpretation or application of the terms or conditions of Agreement, the BBBCC and the County, through their designated representatives, shall meet within ten ( 10) days after the receipt of a written request from any party for the purpose of attempting in good faith to resolve the dispute. Such a meeting may be continued by mutual agreement to a date certain to include other persons or parties, or to obtain additional information. 14. Mediation. In the event that such a meeting does not resolve the dispute and prior to commencing any litigation except for a request for a temporary restraining order and preliminary injunction , the Parties shall first attempt to mediate the dispute. The Parties shall mutually agree upon a mediator to assist them in resolving their differences. If the Parties are unable to agree upon a mediator, a list of seven mediators with experience in land use matters and applicable Washington State land use law shall be requested from the Whatcom County Superior Court Presiding Judge. Each party shall take its turn in striking one name from the list until one name remains. A flip of a coin shall determine which party strikes the first name. Any expenses of the mediator shall be borne equally by the Parties. However, each side shall bear their own costs and attorney fees arising from participation in the mediation. . 15. Applicable Law. ThisAgreement shall be governed by and be interpreted in accordance with the laws of the State of Washington. . 16 Binding Effect. This Agreement shall be binding upon the BBBCC and the County. BBBCC; Development Agreement, 13 Oct 2009 Page 6 of 8 17. Severability. If any provision of this Agreement is determined to be unenforceable or invalid by a court of law, then this Agreement shall thereafter be modified to implement the intent of the Parties to the maximum extent allowable under law. 18. Modification. This Agreement shall not be modified or amended except in writing signed by the BBBCC and the County or their respective successors in interest. 19. Further Good Faith Cooperation. Each party hereto shall cooperate with the other in good faith to achieve the objectives of this Agreement. The Parties shall not unreasonably withhold requests for information, approvals or consents provided for, or implicit, in this Agreement. 20. No Presumption Against Drafter. This Agreement has been reviewed and revised by legal counsel for all Parties and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this Agreement. 21. Notices. All communications, notices, and demands of any kind which a party under this Agreement is required, or desires to give to any other party, shall be in writing and be either ( 1 ) delivered personally, (2) sent by facsimile transmission with an additional copy mailed first class, or (3) deposited in the U.S. mail, certified, mail postage prepaid , return receipt requested, and addressed as follows: County: Whatcom County: BBBCC: Roger Eytzen, Church Moderator Birch Bay Bible Community Church 7039 Jackson Rd Blaine, WA 98230 Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail, notice shall be deemed received 48 hours after deposit. Any party at any time by notice to the other party may designate a different address or person to which such notice shall be given. BBBCC; Development Agreement, 13 Oct 2009 Page 7 of 8 . 22. Duration. This Agreement and the rights and obligations set forth in this Agreement shall be for a period of twenty (20) years. 23. Effective Date. The Effective Date of this Agreement for the purposes of vesting is the date that Whatcom County determined the conditional use permit application to be complete. Any subsequent adopted zoning ordinance regulation, rule or requirement of Whatcom County or other applicable jurisdiction that is inconsistent with or more • stringent than any term or condition of this Agreement shall not apply or bind the BBBCC. 24. Entire Agreement. This Agreement represents the entire agreement of the Parties with respect to the subject matter hereof. There are no other agreements, oral or written , except as expressly set forth herein. This Agreement supercedes all previous understandings or agreements between the parties concerning the subject matter of this Agreement. . IN WITNESS HEREOF, the BBBCC and the County have caused this Agreement to be executed in their names and to be attested by their duly authorized officers daysof epec6proa. , 2009. 41-ese g o - add 1 S h Birch Bay Bible Community Church BY: aka/ /I a FAS. • Roger Eytzen, Church Kstor . Date: 1 a " i 5 '©C/ • • Whatcom County ,/ By: Pete Kremen, County Executive Date: /c / © a 09 • Sd. t 1101.0wramivOrattiVal y.e ..4qn n c a fl494.c BBBCC; Development Agreement, 13 Oct 2009 Page 8 of 8 • EXHIBIT "A" 7 6 O IS In Z ` { 1 Kra "S �rh�T%`'11r •�`• Nc :il;'� d-1. �i...�c¢y ir;; 1 ie �r .' r /< fk fG @ c g 0 . . A cn,. .. ''t" ,.S .r .4r "� y3 3y�ai I�s'`••• N g ; 5^n� � �k •7 7 fS /I� v,ti x vYr „ � f Y4. 1 IV, bi1<Y *e ylib ;' � U�tti � a ar y `tt4i11 may, t al O d -1 M D V/ D 14 .4 < r 1:} r }- bt L cN hyr 3' 3- • '�' .� r•'3 Ira.2:-.a., f. al, u' - 4e Waite'Y . - . -'d.. hu ' jy.y�. .- 1 i . . ,............. ...usv,a �. �a r YY1� yE u? `y _ � t3a� y ° x t x(x `„am m m O. ^h It; wry txi, • s7 ,, •1iti• ' :di W. �aK 1i+'�i't' a"Zn101", Y Y ti• i . . -.�..... . 1..... •111F 1� F ..Y_ p tD N C1 co V, 0 N .141,/�f�t -u "`' 1 ".,--,, , ' s< s ' ' ,, '1 • ce iwt• 4"._ _ _-�qq "0Rm ■ ` r .,, IA ,,.. rtt.r.a.ca4k,:fl..s.t.S % .1' .-G2 GA*\i''47 "Gil ' kr.,.' it It ( e . c . 4..m 7 -i „r O r O ul.° �> -.In Q 4 `��1 4)-V 't"k`r' z'�#'' e)tict. 4"0 w"• .• 4"17 c�t a - .�. ; F Ap-r, i- m "o n " zorc a t !+ " ) 1Kfrtm,R�r � 7 ,�. c n i4::: tb 1 °�1 'e O 7 n ._ - - S } s `�ha'3fii r # m 4 t ?" ° +' 'S1 .. N m O O O 'Sq fi rFfx CS$ yj+.• �'-cam' +.a ” F Y Yrakyc - �.'8,,.. � . Z y m r e„�..) -, 3"t aN`t'Ite ro`Y,'J¢ �. ALA s r + , i z F c! ` a. e �a�pyt SP II z ' rst Fs �C rill i O ,i' j�, I � ):, }' PKex } f`3`lj 'y'2 S�gt��'• CJ F t } ; t ..��.,�y� I r -1.94.^ NIT'it '+�'t 'i ll .51, - , �+ ' i fry CO S.olY .47, ., _a_ tit, rR `'1+ 3iy• ikei 2 ° %� - 8 ... . a iliSi \#\ sy . t i I I , r oo :_ *• alai aR ®� M .,rge„er_ , � . . C W - CD < r m m go -84 o -`,- i s N fl. C. 1.t n ® i InllNa 2811111M= ` � I � � s 6 BLAYIflitE .. [� f � P - ; s 3 . • to O . „nisi W a Dower 4111. t 4 a m - ff+ ° Ids i . DAN D . rin o I ? 11ALL�EY 1/IE1N RD C 1.0 0 4.1e 1 I .' ! 1 z , g, 4 f 0 m ,. Is QO r z IRS z � 1 ^ ail b. S iss X W EXHIBIT " B " Legal Description THE SOUTH 720 FEET OF THE WEST 605 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 32 , TOWNSHIP 40 NORTH , RANGE 1 EAST , W . M . EXCEPTING THEREFROM THAT PARCEL OF LAND LOCATED IN THE S OUTHWEST CORNER THEREOF DESCRIBED IN GUARDIAN ' S DEED TO WHATCOM COUNTY RECORDED MAY 16 , 1918 , UNDER AUDITOR'S FILE NO . 209229 . ALSO EXCEPT THOSE RIGHTS-OF-WAY LYING ALONG THE SOUTHERLY AND WESTERLY LINES THEREOF , COMMONLY REFERRED TO AS BAY ROAD AND B LAINE ROAD , RESPECTIVELY. S ITUATE IN WHATCOM COUNTY, WASHINGTON . ■ EXHIBIT "C" . . ` EXHIBIT " C" 1 STArs oth • 1n• Y _ / •l] ••• C , 142 STATE OF WASHINGTON DEPARTMENT OF ECOLOGY Northwest Regional Office • 3190 160th Avenue SE • Bellevue, Washington 98008-5452 • (425) 649-7000 July 15, 2009 CERTIFIED MAIL 7007 0220 0004 6659 1610 Roger Eytzen Birch Bay Bible Community Church 7039 Jackson Rd Blaine, WA 98230 RE: Water Quality Certification Order #6951 for U.S. Army Corps of Engineers Public Notice #NWS-2008-74-NO, Birch Bay Bible Community Church Project, in • Whatcom County, Washington • Dear Mr. Eytzen: On July 17, 2008, Birch Bay Bible Community Church submitted a Joint Aquatic Resource Permit Application (JARPA) to the Department of Ecology (Ecology) for a Section 401 Water Quality Certification (401 Certification) under the federal Clean Water Act for the proposed Birch Bay Bible Community Church project. ' On behalf of the State of Washington, Ecology certifies that the work described in the JARPA and the public notice complies with applicable provisions of Sections 301 , 302, 303 , 306 and 307 of the Clean Water Act, as amended, and applicable state laws. This certification is subject to the conditions contained in the enclosed Order. If you have any questions, please contact Rebekah Padgett at (425) 649-7129. The enclosed Order may be appealed by following the procedures described in the Order. Sincerely, •-: ' s r j / r tockdale, Snit upeivisor Northwest Regional Office Shorelands and Environmental Assistance Program ES:rrp:cja Enclosure cc: Randel Perry, U.S . Army Corps of Engineers Jim Wiggins, ATS1 e-cc: Susan Meyer -- NWRO Loree' Randall -- HQ Raman Iyer — NWRO ecyrefedpermits@ecy.wa.gov * • • IN THE MATTER OF GRANTING A ) ORDER #6951 WATER QUALITY ) Corps Reference.#NWS-2008-74-NO . CERTIFICATION TO ) Birch Bay Bible Community Church Project; Birch Bay Bible Community Church ) Wetlands, Whatcom County, Washington. in accordance with 33 U. S. C. 1341 ) • . (FWPCA § 401), RCW 90.48. 120, RCW ) 90.48.260 and Chapter 173-201A WAC ) . TO : Roger Eytzen Birch Bay Bible Community Church 7039 Jackson Rd Blaine, WA 98230 . On July 17, 2008, Birch Bay Bible Community Church submitted a Joint Aquatic Resources Permit Application (JARPA) to the Department of Ecology (Ecology) for a Section 401 Water Quality Certification. A.joint public notice regarding the request was distributed by the U. S. Army Corps of Engineers (Corps) for the above-referenced project pursuant to the provisions of Chapter. 173-225 WAC on August 26, 2008. • Construction of a church and facilities includes placement of fill in approximately 0.92 acres of Category IV wetlands. Mitigation will consist of creating 0.92 acres and rehabilitating 0.92 acres of wetland. The project is located at the northeast corner of the intersection of Bay and Blaine Roads in Whatcom County, Washington, in wetlands, Section 32, T. 40N, R. 1E, WRIA 1 . AUTHORITIES: In exercising authority under 33 U.S .C. § 1341 , RCW 90.48 . 120, and RCW 90.48.260, Ecology has examined this application pursuant to the following: 1 . Conformance with applicable water quality-based, technology-based, and toxic or pretreatment effluent limitations as provided under 33 U.S.C. § § 1311 , 1312, 1313, 1316, and 1317 (FWPCA § § 301 , 303, 306 and 307); 2. Conformance with the state water quality standards contained in Chapter 173-201A WAC and authorized by 33 U.S .C. § 1313 and by Chapter 90.48 RCW, and with other applicable state laws; and 3 . Conformance with the provision of using all known, available and reasonable methods to prevent and control pollution of state waters as required by RCW 90.48.010. a Order #6951, Corps Reference #NWS-2008-74 NO Birch Bay Bible Community Church • July 15, 2009 Page 2 of 15 WATER QUALITY CERTIFICATION CONDITIONS: Through issuance of this Order, Ecology certifies that it has reasonable assurance that the activity as proposed and conditioned will be conducted in a manner that will not violate applicable water quality standards and other appropriate requirements of state law. In view of the foregoing and in accordance with 33 U. S.C. § 1341 , RCW 90.48. 120, RCW 90.48 .260 Chapter 173-200 WAC and Chapter 173 -201A WAC, water quality certification is granted to the Applicant subject to the conditions within this Order. . Certification of this proposal does not authorize the Applicant to exceed applicable state water quality standards (Chapter 173-201A WAC), ground water standards (Chapter 173 -200 WAC) or sediment quality standards (Chapter 173 -204 WAC). Furthermore, nothing in this certification shall absolve the Applicant from liability for contamination and any subsequent cleanup of surface waters, ground waters or sediments occurring as a result of project construction or operations. . A. General Conditions: Al . For purposes of this Order, the term "Applicant" shall mean Birch Bay Bible Community Church, and its agents, assignees and contractors. A2. For purposes of this Order, all submittals required by its conditions shall be sent to . Ecology's Northwest Regional Office, Attn: 401/CZM Federal Project Manager, 3190 160`h Avenue SE, Bellevue, WA 98008-5452. Any submittals shall reference Order #6951 and Corps Reference #NWS-2008-74 NO. • At Work authorized by this Order is limited to the work described in the JARPA received by Ecology on July 17, 2008 . The Applicant will be out of compliance with this Order and must reapply with an updated application if the information contained in the JARPA is voided by subsequent changes to the project not authorized by this Order. A4. Within 30 days of receipt of an updated JARPA, Ecology will determine if the revised project requires a new water quality certification and public notice or if a modification to this Order is required. A5 . This Order shall be rescinded if the U.S. Army Corps of Engineers does not issue an individual Section 404 permit. A6. Copies of this Order shall be kept on the job site and readily available for reference by Ecology personnel, the construction superintendent, construction managers and lead workers, and state and local. government inspectors. • • Order #6951, Corps Reference #NWS-2008-74-NO Birch Bay Bible Community Church July /5, 2009 Page 3 of 15 • A7. The Applicant shall provide access to the project site and all mitigation sites upon request by Ecology personnel for site inspections, monitoring, necessary data collection, and/or to ensure that conditions of this Order are being met. At Nothing in this Order waives Ecology' s authority to issue additional orders if Ecology determines that further actions are necessary to implement the water quality laws of the state. Further, Ecology retains continuing jurisdiction to make modifications hereto through supplemental order, if additional impacts due to project construction or operation are identified (e.g., violations of water quality standards, downstream erosion, etc.), or if additional conditions are necessary to further protect water quality. • • A9. The Applicant shall ensure that all appropriate project engineers and contractors at the project site have read and understand relevant conditions of this Order and all permits, approvals, and documents referenced in this Order. The Applicant shall provide Ecology a signed statement (see Attachment A for an example) from each project engineer and contractor that they have read and understand the conditions of this Order and the above- . referenced permits, plans, documents and approvals. These statements shall be provided to Ecology before construction begins at the project or mitigation sites. A10. This Order does not authorize direct, indirect, permanent, or temporary impacts to waters of the state or related aquatic resources, except as specifically provided for in conditions of this Order. A 11 , - Failure of any person or entity to comply with this Order may result in the issuance of civil penalties or other actions, whether administrative or judicial, to enforce its terms. B. Wetland Compensatory Mitigation: • B1 . The Applicant shall mitigate wetland impacts as described in Wetland Mitigation Plan for the Birch Bay Bible Community Church (hereafter called the `•`mitigation plan") prepared by ATSI, Inc, dated June 2008 and the addendum letter to Ecology's Susan Meyer from ATSI, dated July 14, 2009. . A Final Wetland Mitigation Plan shall be prepared and submitted to Ecology for review and approval within 60 days of the date of this Order. The Final Mitigation plan shall include, at a minimum, grading, planting, contingency, and monitoring plans along with goals, objectives, and performance standards. B2. To ensure proper installation, the Applicant' s wetland professional must supervise and inspect all mitigation site construction and planting. Order #6951, Corps Reference #NWS 2008-74-NO Birch Bay Bible Community Church July 15, 2009 Page 4 of 15 Implementation B3 . The Applicant shall begin the compensatory mitigation project before or concurrent with - impacting wetlands. B4. The Applicant shall ensure that all excess excavated site material is disposed of in an appropriate location outside of wetlands and their buffers and above the 100-year floodplain. B5. The Applicant shall ensure that no material is stockpiled within existing wetlands, streams or their buffers at the mitigation site at any time, unless included in the Ecology- approved mitigation plan. . B6. The Applicant shall not use polyacrylamide as a temporary erosion control BMP on exposed or disturbed soil. B7. If seeding is used as a temporary erosion control BMP, it must be a wetland mix consisting of native, annual, non-invasive plant species. B8. The Applicant shall place signs at the mitigation area's boundaries, including buffers, every 75 feet that mark the area as wetland mitigation, B9. Upon completion of site-grading and prior to planting, the Applicant shall submit to Ecology written confirmation that the finished grades are consistent with the approved mitigation plan or subsequent Ecology-approved plan changes. Written confirmation can be a signed letter from the surveyor or project engineer indicating how final elevations were confirmed and whether they are consistent with the plan. B10. Within 90 days of completing construction and planting at the site (for each phase if applicable), the Applicant shall submit a final as-built report with maps to Ecology. The as-built report must: a) Document site conditions at Year Zero; b) Be submitted to Ecology per Condition A.2. and as an electronic file and one hard copy; c) Include the information listed in Attachment B; d) Include documentation of the recorded legal mechanism required in condition B12. • B11 . If the mitigation project is not completed within 13 months of this Order's date, the Applicant shall submit a written notification discussing the status of the development and • Order #6951, Corps Reference #NWS-2008-79-1T0 Birch Bay Bible Community Church July 15, 2009 • • Page 5 of 15 mitigation projects and submit an updated written notification every 12 months until construction and planting are complete and the final as-built report is submitted. B 12. Within 90 days of completing construction and planting, the Applicant shall record a restrictive covenant, a copy of Ecology's Order, and the site map from the final wetland mitigation plan or as-built indicating the location of wetlands and their buffers. These • documents must be recorded with the County Recording Office, Registrar of Deeds, or other official responsible for maintaining records for, or interest in, real property. Monitoring and Maintenance B13 . The Applicant shall water and maintain all plantings at the mitigation site •to meet the mitigation plan's performance standards. B 14. The Applicant shall monitor the mitigation site for a minimum of 10 years. The Applicant shall use the monitoring methods described in the final mitigation plan. B15. The Applicant shall submit monitoring reports (one as an electronic file and one hard copy [see A.2)) to Ecology documenting conditions at the mitigation site for years 1 , 2, 3 , 5, 7, and 10. The reports must contain, at a minimum, the information in Attachment D. • The Applicant shall submit the first monitoring report 12 months after completing the construction and planting of the mitigation site. B16. The Applicant shall implement the mitigation plan's contingency measures if goals, - objectives, and performance standards are not being met. B17. Prior to implementing unidentified contingency measures, the Applicant shall consult with Ecology. B 18. When necessary to meet the performance standards, the Applicant shall replace dead or dying plants with the same species, or a native plant alternative appropriate for the location, during the first available planting season and note species, numbers, and approximate locations of all replanted materials in the subsequent monitoring report. B19. For monitoring years five and ten, the Applicant shall use the 1997 "Washington State Wetlands Identification and Delineation Manual" (or as updated) to delineate all compensatory wetlands and include delineation information (e.g. data sheets, maps, etc.) in the monitoring reports. . B20. At the end of the monitoring period, the Applicant shall use the August 2004 "Washington State Wetlands Rating System for Western Washington" (or as updated) to rate all wetlands (except those that have been preserved), and include the information in the monitoring report. • Order #6951, Corps Reference #Nfi'S 2008-7d NO Birch Bay Bible Comruunily Church July 15, 2009 Page 6 of 15 B21 . If the Applicant has not met all the conditions and performance standards for wetland compensatory mitigation at the end of the monitoring period, Ecology may require additional monitoring, additional wetland compensatory mitigation, or both. B22. The Applicant's responsibility to complete the required compensatory mitigation as set forth in Condition B1 of this Order will not be considered fulfilled until they have received written verification from Ecology. C. Conditions for Construction Activities: • General Conditions: C I . Applicant shall obtain and comply with a Construction Stormwater General Permit for this project. • C2. Construction stormwater, sediment, and erosion control best management practices (BMPs; e.g. , filter fences, etc.) suitable to prevent exceedances of state water quality standards shall be in place before starting construction at the site. . C3 . Sediment and erosion control measures shall be inspected and maintained prior to and during project implementation. C4. All construction debris shall be properly disposed of in a manner to prevent it from entering the wetlands and/or wetland buffers. . • C5. Machinery and equipment used during construction shall be serviced, fueled, and maintained upland, unless otherwise approved by Ecology, in order to prevent contamination to any surface water. C6. Wash water containing oils, grease, or other hazardous materials resulting from wash down of equipment or working areas shall be contained for proper disposal, and shall not be discharged into state waters or storm drains. C7. Work in or near the water that may affect fish migration, spawning, or rearing shall cease • immediately upon a determination by Ecology or WDFW that fisheries resources may be adversely affected. C8. If cast in place, wet concrete/grout shall be prevented from entering waters of the state. Forms for any concrete/grout structure shall be constructed to prevent leaching of wet concrete/grout. Impervious materials shall be placed over any exposed concrete/grout not lined with the forms that will come in contact with state waters. Forms and impervious materials shall remain in place until the concrete/grout is cured. Order #6951, Corps Reference #NWS 2008-74-NO Birch Bay Bible Community Church July 15, 2009 Page 7 of 15 ' C9. Best management practices shall be implemented in order to prevent asphalt and other material from entering waters of the state. C10. Clean Fill Criteria:. Applicant shall ensure that fill (soil) placed for the proposed project does not contain toxic materials in toxic amounts. D. Emergency/Contingency Measures: Dl ; The Applicant shall develop and implement a Spill Prevention and Containment Plan for all aspects of this project. D2. The Applicant shall have adequate and appropriate spill response materials on hand to respond to emergency release of petroleum products or any other material into waters of the state. D3 . Fuel hoses, oil drums, oil or fuel transfer valves and fittings, etc., shall be checked regularly for drips or leaks, and shall be maintained and stored properly to prevent spills into state waters. • D4. Any work that is out of compliance with the provisions of this Order, or conditions causing distressed or dying fish, or any discharge of oil, fuel, or chemicals into state waters, or onto land with a potential for entry into state waters, is prohibited. If these occur, the Applicant shall immediately take the following actions: a. Cease operations at the location of the violation or spill, b. Assess the cause of the water quality problem and take appropriate measures to correct the problem and/or prevent further environmental damage. c. Notify Ecology of the failure to comply. All oil spills shall be reported immediately to Ecology's 24-Hour Spill Response Team at 1 -800-258-5990, and within 24 hours • of spills or other events to Ecology's 401/CZM Federal Project Manager at (425) 649- 7129 or (425) 649-7000. d. Submit a detailed written report to Ecology within five (5) days that describes the nature of the event, corrective action taken and/or planned, steps to be taken to prevent a recurrence, results of any samples taken, and any other pertinent information. • Order #6951, Corps Reference #Nff'S 2008-74 NO Birch Bay Bible Community Church July 15, 2009 Page 8 of I5 Compliance with this condition does not relieve the Applicant from responsibility to maintain continuous compliance with the terms and conditions of this Order or the resulting liability front failure to comply. E. Timing Requirements El . This Order is valid until all compliance requirements in this document have been met. • F. Reporting and Notification Requirement Conditions Fl . Applicant shall provide notice to Ecology' s 401 /CZM Federal Project Manager at least three (3) days prior to the start of construction and within 14 days after completion of construction at the project site. The Applicant shall also provide Ecology notice within 14 days after completing the wetland mitigation project. Notification, referencing Corps Reference #NWS-2008-74-NO, Order #6951 can take place by telephone to (425) 649- 7129 or (425) 649-7000, fax to (425) 649-7098, or in writing. G. Appeal Process: You have a right to appeal this Order. To appeal this you must: • File your appeal with the Pollution Control Hearings Board within 30 days of the "date of receipt" of this document. Filing means actual receipt by the Board during regular office hours. • Serve your appeal on the Department of Ecology within 30 days of the "date of receipt" of this document. Service may be accomplished by any of the procedures identified in WAC 371 -08-305( 10). "Date of receipt" is defined at RCW 43 .21B.001 (2). Be sure to do the following: • Include a copy of this document that you are appealing with your Notice of Appeal. • Serve and file your appeal in paper form; electronic copies are not accepted. • • • . I Order #6951, Corps Reference #NWYS-2008-74-NO Birch Bay Bible Community Church July 15, 2009 Page 9oflS 1. To file your appeal with the Pollution Control Hearings Board Mail appeal to: Deliver your appeal in person to: The Pollution Control Hearings Board OR The Pollution Control Hearings Board PO Box 40903 4224 — 6th Ave SE Rowe Six, Bldg 2 Olympia, WA 98504-0903 Lacey, WA 98503 2. To serve your appeal on the Department of Ecology Mail appeal to : Deliver your appeal in person to: The Department of Ecology The Department of Ecology Appeals Coordinator . OR Appeals Coordinator P.O. Box 47608 300 Desmond Dr SE Olympia, WA 98504-7608 Lacey, WA 98503 3. And send a copy of your appeal to: Department of Ecology Northwest Regional Office Attn: Rebekah Padgett 3190 1606 Avenue SE Bellevue, WA 98008 For additional information visit the Environmental Hearings Office Website : http://www.eho.wa.gov To find laws and agency riles visit the Washington State Legislature Website: • http://wwwl .leg.wa.gov/CodeReviser Your appeal alone will not stay the effectiveness of this Order. Stay requests must be submitted in accordance with RCW 43 .21B.320. These procedures are consistent with Ch. 43 .21B RCW. Dated July 15, 2009 at Bellevue, Washington. Erik Stockdale, Unit Supervisor • Northwest Regional Office Shorelands and Environmental Assistance Program Department of Ecology State of Washington Order #6951, Corps Reference #NWS 2008-74 NO .t Birch Bay Bible Community Church July 15, 2009 Page 10ofl5 ATTACHMENT A BIRCH BAY BIBLE COMMUNITY CHURCH BIRCH BAY BIBLE COMMUNITY CHURCH PROJECT Water Quality Certification Order #6951 Statement of Understanding of Water Quality Certification Conditions I have read and understand the conditions of Order #6951 Section 401 Water Quality Certification for the Birch Bay Bible Community Church Project. I have also read and understand all permits, plans, documents, and approvals associated with the project referenced in this Order. • Signature Date Title Company • • Order #6951, Corps Reference #NWS-2008-74-NO Birch Bay Bible Community Church July 15, 2009 Page 1.1 of 15 Attachment B Information for As-built Reports (See Condition B10) BIRCH BAY BIBLE COMMUNITY CHURCH BIRCH BAY BIBLE COMMUNITY CHURCH PROJECT Water Quality Certification Order #6951 Corps Reference #NWS-2008-74-NO Background Information . I ) Project naive. 2) Ecology docket number and the Corps reference number. . . . 3) Name and contact information for the parties responsible for the mitigation site including: a) The applicant. b) The landowner. c) Wetland professional on site during construction of the compensatory mitigation site. 4) Name and contact information for the party responsible for preparing the report. 5) Who the report was prepared for (naive, address, and phone number) {if di,ff`erent from number 3 above. ) . 6) Month and year the report was produced. The Development Site 7) Brief description of the development project. Include : a) Directions to the site. b) Month and year construction of the development project started and ended. c) Area (acres) and type(s) (rating category, HGM classification, and Cowardin classification) of wetlands that were actually impacted by the development project, including temporary impacts. The Compensatory Mitigation Project 8) Brief description of the final compensatory mitigation project with any changes from the approved plan made during construction. Include: a) Directions to the site. b) Who completed the compensatory mitigation project (name, address, and phone number. c) Acreage and types) (re-establishment, rehabilitation, creation, enhancement, and preservation) of mitigation authorized to compensate for wetland impacts. d) Important dates including: i. Month and year the wetland impacts occurred. ii. When work on the compensatory mitigation site began and ended. • • Order 116951, Corps Reference liNWS 2008-74NO • • Birch Bay Bible Community Church July 15, 2009 Page l2 of 15 • • iii. When different activities began and ended such as grading, removal of invasive plants, installing plants, and installing habitat features. 9) Description of any problems encountered and solutions implemented (with reasons for changes) during construction of the compensatory mitigation site. 10) Any changes to the goals, objectives, and performance standards of the compensatory mitigation project. • 11 ) List of any .follow-up actions needed, with a schedule. . 12) Final site maps (8 1/2" x 11 " or larger) of the compensatorymitigation site(s) including the following (at a minimum). a) Geographic location of the site with landmarks; . b) Clear delineation of the project perimeter(s); c) Topography (with a description of how elevations were determined),; d) Installed planting scheme (quantities, densities, sizes, and approximate locations of plants, as well as the source(s) of plant material); e) Location of habitat features; 0 Location of permanent photo stations. The final site maps should reflect oft-the-ground conditions after the site work is completed. Include the month and year when the maps were produced and, if applicable, when information was collected. 13) Photographs of the site at as-built conditions taken from permanent photo stations: We recommend photo pans. . 14) Copies of any records of deed notification or conservation easements. • • • • • • • • • • • • • Order #6951, Corps Reference #1V3'S 2008-74-NO Birch Bay Bible Community Church July 15, 2009 Page 13of15 • Attachment C Wetland Notice for Deed Notification (See Condition B12) BIRCH BAY BIBLE COMMUNITY CHURCH • BIRCH BAY BIBLE COMMUNITY CHURCH PROJECT Water Quality Certification Order #6951 Corps Reference #NWS-2008-74-NO Tax Parcel Number: Legal Description: . Legal Owner: . NOTICE: This property contains wetlands as defined by Chapter 36.70A030(20) RCW, Chapter 90.58.030 (2)(h) RCW and WAC 173-201A-020. The property was the subject of an Ecology action under Chapter 90.48.260 RCW or Chapter 90.48. 120(1) RCW. , issued on ,20 (Corps federal reference #) Ecology Docket # to for . (Applicant Name) (Project Name) Restrictions on use or alteration of the wetlands may exist due to natural conditions of the property and resulting regulations. A copy of Ecology's Order and the site map from the final wetland mitigation plan indicating the location of wetlands and their buffers is attached hereto. EXECUTED this day of , 20 • . • State of Washington) County of ) I certify that 1 know or have satisfactory evidence that Signed this instrument and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this instrument. GIVEN under my hand an official seal this day of , 20 NOTARY PUBLIC in and for the state of Washington, residing at .(Amended by • Ord. 11200 § 50 (part), 1996) • Order #6951, Corps Reference #NWS-2008-74-NO Birch Bay Bible Community Church July 15, 2009 Page l4ofI5 Attachment D Required Information for Monitoring Reports (See Condition B15) BIRCH BAY BIBLE COMMUNITY CHURCH BIRCH BAY BIBLE COMMUNITY CHURCH PROJECT Water Quality Certification Order #6951 Corps Reference #NWS-2008-74-NO . Ecology requires the following information, for monitoring reports submitted under this Order. Ecology will accept additional information that may be required by other regulators. Background Information 1) Project name 2) Ecology docket number and Corps reference number . 3) Name and contact information of the parties responsible for the mitigation site including: a) The applicant b) The landowner 4) Name and contact information for the party responsible for the monitoring activities and report 5) Who the report was prepared for (name, address, and phone number) { if differentfront number 3 above. ) . 6) Month and year the monitoring data were collected 7) Month and year the report was produced Mitigation Project Information 8) Brief description of the mitigation project including: a) Directions to the site . b) Acreage and type(s) (re-establishment, rehabilitation, creation, enhancement, and preservation) of mitigation authorized to compensate for wetland impacts 9) Brief description of monitoring approach and methods. 10) A list of the goals and objectives for the mitigation project 11 ) Summary table of monitoring data compared with performance standards. Using the monitoring data, describe how the site is developing toward goals and objectives and whether the project is in compliance with performance standards . 12) Summary (including dates) of management actions (maintenance, contingencies, and corrective actions) implemented at the site(s) 13) Summary of any difficulties or significant events that occurred on the site that may affect the ultimate success of the project 14) Specific recommendations for any additional corrective actions or adaptive management with a time table 1 • . 1 Order #6951, Corps Reference #NWS 2008-74-NO 6 . Birch Bay Bible Community Church July 15, 2009 Page 15 of l5 • 15) Summary of any lessons learned 16) Site maps (8 1 /2" x 11 " or larger) of the compensatory mitigation site(s) including the following (at a minimum): a) The month and year when the maps were produced and, if applicable, when information was collected b) The geographic location of the site with. lanidmarks, c) Clear delineation of the project perimeter(s). d) Species, numbers, and. approximate locations of all replanted material vegetation. e) Location of habitat features. f) Location of permanent photo stations and location of any other photos. g) Location Of sampling points or transects. 17) Photographs taken at permanent photo stations (and other photographs as needed) from the • most recent monitoring visit, which are dated and clearly indicate the direction from which the photo was taken. We recommend photo pans. • • • • • • • EXHIBIT "D" EXHIBIT " D " ``', DEPARTMENT OF THE ARMY SEATTLE DISTRICT, CORPS OF ENGINEERS . P.O. BOX• 3755 f\ ���� SEATTLE, WASHINGTON 98124-3755 <: \! , -P: REPLY TO - - (;v ATTENTION OF • Regulatory Branch `' �� ` `��� Birch Bay Bible Community Church . Mr. Roger Eytzen 7039 Jackson Road Blaine, Washington 98230 Reference: NWS-2008-74 Birch Bay Bible Community Church Dear Mr. Eytzen: . Enclosed for your signature are two initial proffered Department of the Army permit forms for your proposal to place fill in wetlands abutting and adjacent to an unnamed tributary of Terrell Creek to facilitate construction of church. facilities at Birch Bay, Whatcom County, Washington as described in the enclosed drawings dated July 20, 2009. If you object to this permit decision, you may submit your objections on the enclosed Notification of Administrative Appeal Options and Process and Request for Appeal form. For your objections to be considered, the appeal form describing your objections must be received in our office within 60 days of the date on the appeal form. If the entire permit is acceptable, you must sign and date both permit forms and return them in the enclosed envelope with your check in the amount of $100 .00, made payable to the "FAQ, USAED , Seattle" . Your copy of the fully executed permit will then be returned to you. You may not modify these permit forms or their accompanying drawings . By signing the permit forms you will be indicating your acceptance of all the permit's general and special conditions. some of which require you to take action by specific due dates. The signed permit forms must be returned to us within 90 days from the date of this letter or your application will be canceled. Since a Department of the Army permit is necessary for this work, do not commence construction before obtaining a valid permit. You can begin the work authorized by this permit only after you have received your copy of the fully executed permit form. If you have any questions, please contact Randel Perry at (206) 764-6985 or via email at Randel .J.Perrv(ausace. army.mil. Sincerely, / ti lirtn whelk Walker Chief, Regulatory Branch Enclosures DEPARTMENT OF THE ARMY PERMIT Permittee: Birch Bay Bible Community Church Birch Bay Bible Community Church Mr. Roger Eytzen 7039 Jackson Road Permit No NWS-2008-74 Blaine, Washington 98230 Issuing Office: Seattle District NOTE: The term "you" and its derivatives, as used in this permit, means the permittee or any future transferee. The term "this office" refers to the appropriate district or division office of the U .S. Army Corps of Engineers (Corps) having jurisdiction over the permitted activity or the appropriate official of that office acting under the authority of the commanding officer. You are authorized to perform work. in accordance with the terms and conditions specified below. Project Description : Place fill in 0.92 acres of wetlands to a new church and attendant facilities Including classrooms and offices , a community/recreational hall, parking, stormwater treatment facilities , and outdoor recreational facilities in accordance with the plans and drawings dated July 20, 2009, attached hereto which are incorporated in and made a part of this permit (provide facilities for a growing church congregation). Project Location : In wetlands abutting and adjacent to an unnamed tributary of Terrell Creek at Birch Bay, Whatcom County, Washington. Permit Conditions: General Conditions: 1 . The time limit for completing the work authorized ends on . if you find that you need more time to complete the authorized activity, submit your request for a time extension to this office for consideration at least 1 month before the above date is reached. 2. You must maintain the activity authorized by this permit in good condition and in accordance with the terms and conditions of this permit. You are not relieved of this requirement if you abandon the permitted activity, although you may make a good faith transfer to a Third party in compliance with General Condition 4 below. Should you wish to cease to maintain the authorized activity or should you desire to abandon it without a good faith transfer, you must obtain a modification to this permit from this office, which may require restoration of the area. 3. If you discover any previously unknown historic or archeological remains while accomplishing the activity authorized by this permit, you must immediately notify this office of what you have found. We will initiate the Federal and State coordination required to determine if the remains warrant a recovery effort or if the site is eligible for listing in the National Register of Historic Places . 4. If you sell the property associated with this permit, you must obtain the signature of the new owner in the space provided and forward a copy of the permit to this office to validate the transfer of this authorization . 5 . If a conditioned water quality certification has been issued for your project, you must comply with the conditions specified in the certification as special conditions to this permit. For your convenience, a copy of the certification is attached if it contains such conditions. 6. You must allow representatives from this office to inspect the authorized activity at anytime deemed necessary to ensure that it is being or has been accomplished in accordance with the terms and conditions of your permit. BIRCH. BAY-BIBLE COMMUNITY CHURCH NW-S-2-008-74 _ . ti4:.... . . . . s 7. After a detailed and careful review of all the conditions contained in this permit, the permittee acknowledges that, although said conditions were required by the Corps, nonetheless the permittee agreed to those conditions voluntarily to facilitate issuance of the permit the permittee will comply fully with all the terms of all the permit conditions. Special Conditions: a. You must provide a copy of the permit transmittal letter, the permit form , and drawings to all contractors performing any of the authorized work. b . The permittee must install and maintain sediment and erosion control at the project site during construction and until all disturbed soils are stabilized . c. The wetland and buffer areas established, rehabilitated, and enhanced as compensatory mitigation for work authorized by this permit, shall not be made the subject of a future individual or general Department of the Army permit application for fill or other development, except for the purposes of enhancing or restoring the mitigation associated with this project. In addition, a description of the mitigation area identified in the final mitigation plan as approved , and any subsequent permit mitigation area revisions, will be recorded with the Registrar of Deeds or other appropriate official charged with the responsibility for maintaining records to or interest in real property. Proof of this recorded documentation must be provided to the Corps, Seattle District, Regulatory Branch within 60 days from the date of permit issuance and prior to construction. d. A status report on the mitigation construction , including as-built drawings, must be submitted to the Corps, Seattle District, Regulatory Branch , 13 months from the date of permit issuance. Annual status reports on mitigation construction are required until mitigation construction is complete. e. The permittee shall implement and abide by the mitigation plan Wetland Mitigation Plan for Birch Bay Bible Community Church, Whatcom County, Washington, dated June 2008 and the addendum dated July 14, 2009. Mitigation monitoring reports will be due annually for years 1 , 2, 3, and 5 from the due date of the as-built drawings of the mitigation site. All reports must be submitted to the Corps, Seattle District, Regulatory Branch and must prominently display the reference number NWS-2008-74-NO. f. Should archaeological materials (e. g . shell midden, faunal remains , stone tools) or human remains be observed during project activities, all work in the immediate vicinity shall stop, and the area shall be secured. The Washington State Office of Archaeology and Historic Preservation (360-586-3065) , the Lummi Indian Nation Tribal Historic Preservation Officer (360-384-2298), and the Corps, Seattle District, Regulatory Branch (206-764-3495) shall be contacted immediately in order to help assess the situation and determine how to preserve the resource(s) . In the event that human remains are encountered , the LNTHPOs will contact the appropriate tribal repatriation specialists. Compliance with all applicable laws pertaining to archaeological resources is required. Further Information: 1 . Congressional Authorities. You have been authorized to undertake the activity described above pursuant to: ( ) Section 10 of the Rivers and Harbor Act of 1899 (33 U. S .C. 403). (X) Section 404 of the Clean Water Act (33 U. S . C. 1344). 2 . . . BIRCH BAY BIBLE COMMUNITY CHURCH . -- - - . . NWS-2008-74 • ( ) Section 103 of the Marine Protection, Research and Sanctuaries Act of 1972 (33 U . S . 0 1413). 2. Limits of this authorization. a This permit does not obviate the need to obtain other Federal, State, or local authorization required by law. b. This permit does not grant any property rights or exclusive privileges. c. This permit does not authorize any injury to the property or rights of others. d. This permit does not authorize interference with any existing or proposed Federal project 3 . Limits of Federal Liability. In issuing this permit, the Federal Government does not assume any liability for the following: a. Damages to the permitted project or uses thereof as a result of other permitted activities or from natural causes. b. Damages to the permitted project or uses thereof as a result of current or future activities undertaken by or on behalf of the United States in the public interest c . Damages to persons, property, or to other permitted or unpermitted activities or structures caused by the activity authorized by this own it. . d . Design or construction deficiencies associated with the permitted work. e. Damage claims associated with any future modification , suspension, or revocation of this permit. 4. Reliance on Applicant's Data. The determination of this office that issuance of this permit is not contrary to the public interest was made in reliance on the information you provided . 5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit at any time the circumstances warrant. Circumstances that could require include, but are not limited to, the following: a- You fail to comply with the terms and conditions of the permit. • b. The information provided by you in support of your application proves to have been false, incomplete, or inaccurate (See 4 above). c. Significant new information surfaces which this office did not consider in reaching the original public interest decision . . Such a reevaluation may result in a determination that it is appropriate to use the suspension, modification , and revocation procedures contained in 33 CFR 325. 7 or enforcement procedures such as those contained in 33 CFR 326.4 and 326 .5. The referenced enforcement procedures provide for the issuance of an administrative order requiring you to comply with the terms and conditions of your permit and for the initiation of legal action where appropriate. You will be required to pay for any corrective measures ordered by this office , and if you fail to comply 3 _. BIRCH BAY BIBLE COMMUNITY CHURCH NW8-200&Z4 -- • with such directive, this office may in certain situations (such as those specified in 33 CFR 209. 170) accomplish the corrective measures by contract or otherwise and bill you for the cost. 6. Extensions. General condition 1 establishes a time limit for the completion of the activity authorized by this permit. Unless there are circumstances requiring either a prompt completion of the authorized activity or a reevaluation of the public interest decision, the Corps will normally give favorable consideration to a request for an extension of this time limit. Your signature below, as permittee, indicates that you accept and agree to comply with the terms and conditions of this permit. BIRCH BAY BIBLE COMMUNITY CHURCH ( DATE) This permit becomes effective when the Federal official , designated to act for the Secretary of the Army, has signed below. ANTHONY O. WRIGHT • (DATE) Colonel, Corps of Engineers . District Engineer When the structures or work authorized by this permit are still in existence at the time the property is transferred, the terms and conditions of this permit will continue to be binding on the new owner(s) of the property. To validate the transfer of this permit and the associated liabilities associated with compliance with its terms and conditions, have the transferee sign and date below. (TRANSFEREE) (DATE) 4 EXHIBIT "E" ( 10/19/2009) Lyn Morgan HID BBBCC_Mitigation Plan 14 October 09_FINAL.doc Page 1 WETLAND MITIGATION PLAN ( Revised ) for BIRCH BAY BIBLE COMMUNITY CHURCH WHATCOM COUNTY, WASHINGTON 14 October 2009 Prepared for: Roger Eytzen , Church Moderator Birch Bay Bible Community Church 7039 Jackson Rd Blaine, WA 98230 Prepared by: ATSI 21993 Grip Rd Sedro-Woolley, WA 98284 4 '+y` ATSI Aqua-Terr Systems, Inc. Of ( 10%19/2009) Lyn Morgan-Hill BBBCC_M tigationPlan_14 October 09_FINAL.doc Page 2 WETLAND MITIGATION PLAN ( Revised) for BIRCH BAY BIBLE COMMUNITY CHURCH WHATCOM COUNTY, WASHINGTON October 14, 2009 Prepared for: Roger Eytzen , Church Moderator Birch Bay Bible Community Church 7039 Jackson Rd Blaine, WA 98230 Prepared by: Jim Wiggins, MS , PWS President Aqua-Terr Systems, Inc. 21993 Grip Road Sedro-Woolley, Washington 98284 Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 1 Aqua-Terr Systems , Inc. — 14 October 2009 X10/19/2009) Lyn Morgan Hill . BBBCC Mitigation Plan 14 October 09 FINAL doc Page 3 Table of Contents List of Figures 3 List of Tables 3 Responsible Parties 4 1 . 0 Executive Summary 4 2. 0 Proposed Development Project 5 2 . 1 Project Description 5 2 .2 Description of the Development Site 6 2 .2 . 1 Historic and current land uses and zoning designations 6 2 .2 . 2 Project site cultural resources 6 I 2 .2 . 3 Existing wetlands (on or adjacent to the development site) 6 2 .2 .4 Other aquatic resources (on or adjacent to the development site) 7 { 3 .0 Development Site Impact Assessment 7 3 . 1 Proposed Wetland Impact 7 3 .2 Impact Wetland Water Regime/Hydrology 8 3 .3 Impact Wetland Soils 8 3 .4 Impact Wetland and Buffer Vegetation 8 3.4. 1 Wetland 8 3.4. 2 Buffer 8 3.5 Impact Wetland Wildlife Habitat and Priority Habitat & Species 9 j 3 .6 Impact Wetland Landscape Position & Geomorphology 9 3 .7 Impact Wetland Functions '10 3 .8 Impact Wetland Category 12 3 .9 Impact Wetland Buffers 12 4 . 0 Mitigation Approach 13 4. 1 Mitigation Sequencing 13 4.2 Proposed Mitigation 13 4.3 Mitigation Goals 14 4.4 Mitigation Strategy 14 5 .0 Proposed Mitigation Site 14 5 . 1 Mitigation Site Location 14 5.2 Mitigation Site Ownership 15 5.3 Mitigation Site Rationale 15 5.4 Mitigation Site Constraints 15 6.0 Mitigation Site Existing Conditions 15 7.0 Mitigation Site Plans/Design 17 7 . 1 Description of Site Plan/Design 17 7 .2 Grading Plan/Site Maps 17 7. 3 Water Regime/Hydrology 17 7.4 Soils 18 7. 5 Planting Plan 18 7.6 Mitigation Quality Control & As-built 21 7 .6 . 1 Quality control 21 7 .6 .2 As-built 21 7 . 7 Site-Specific Goals, Objectives, and Performance Standards 21 Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 2 Aqua-Terr Systems, Inc. - 14 October 2009 ( 10/19/2009) Lyn Morgan Hill BBBCC_Mitigation Plan 14 October 09 FINAL doc Page 4 . I 31 7 .7. 1 Goals & Objectives 21 7 .7.2 Performance Standards 21 8. 0 Monitoring & Maintenance Plan 23 8. 1 Monitoring 23 8.2 Maintenance 24 j 9.0 Site Protection 24 10.0 Contingency & Adaptive Management Plan 25 11 .0 Implementation Schedule 25 12 .0 Financial Assurances 25 13 .0 Works Referenced 27 14.0 Bibliography 28 15 .0 Figures 31 I List of Figures Sheet 1 . Vicinity Map Birch Bay Bible Community Church Site I & Proposed Mitigation Site S heet 2 . Aerial Photograph Birch Bay Bible Community Church Site & Proposed Mitigation Site S heet 3 . Existing Conditions Birch Bay Bible Community Church Site & Proposed Mitigation Site Sheet 4 . Proposed Site Plan for Birch Bay Bible Community Church , Phase I S heet 5. Proposed Site Plan for Birch Bay Bible Community Church , Phase II , I Indicating Cross Sections S heet 6. Proposed Mitigation S heet 7. Section A — A' , Cross Section with Impact Wetlands B & C S heet 8. Section B — B' , Cross Section with Impact Wetlands A & B Sheet 9. Section C — C' , Cross Section with Impact Wetland C S heet 10 . Wetland Data Summary S heet 11 . Proposed Planting Details List of Tables Table 1 . Wetland type , category, and size Table 2 . Summary of proposed wetland impact Table 3 . Function and attribute assessment of the on-site PEMC Wetland C Table 4 . Function and attribute assessment of the on-site PSS/EMC Wetland D a Table 5 . Wetland impact and mitigation summary Table 6 . Function and attribute assessment of the off-site PEMC Wetland G Table 7. Mitigation site planting for species, location , size , and quantity Wetland Mitigation Plan (revised ) Birch Bay Bible Community Church 3 i Aqua-Terr Systems, Inc. — 14 October 2009 10/19/2009) Lyn Morgan-Hill - BBBCC Mitigation `Plan_14 October 09_FINAL.doc Page 51 Responsible Parties • Applicant: Roger Eytzen , Church Moderator Birch Bay Bible Community Church 7039 Jackson Rd Blaine , WA 98230 • Applicant's Representative/Agent: Jim Wiggins, MS , PWS ATSI 21993 Grip Road Sedro-Woolley, WA 98284 Phone : 360-856-2139 • Preparer of Report: ATSI : Jim Wiggins, MS , PWS & Janet Cray Wetland Mitigation Plan • Preparer of Mitigation Construction Plans: Phil Frisk, PWF Architecture Tom Bennett, Bennett Engineering Wetland Mitigation Plan for the Birch Bay Bible Community Church 1 . 0 Executive Summary The proposed project is an approximate 8. 96-acre phased church site development located at the northeast corner of Bay Road and Blaine Road , in Whatcom County, Washington , within a portion of Section 32 , Township 40 North , Range 1 East, W . M . ; Latitude 48°56'20" North , Longitude 122°43'53" West. The project proponent is the Birch Bay Bible Community Church (BBBCC). Whatcom County and the BBBCC have entered into a Development Agreement pursuant to the authority granted by RCW 36. 70B . 170 through .210 , and WCC Title 16 ( 16 . 16. 260 E ) , to implement this Wetland Mitigation Plan . The proposed project will fill all or a portion of three Category IV PEMC on-site wetlands. The wetland impacts are the direct and indirect disturbance of 39, 949 square feet of wetlands that will occur by this proposed project. Although 31 , 164 square feet of actual wetland fill will occur from the construction of the project, a portion of the central wetland , 8, 785 square feet of Wetland C, will remain out of Wetland Mitigation Plan (revised ) Birch Bay Bible Community Church 4 Aqua-Terr Systems, Inc. — 14 October 2009 L ( 10/19/2009) Lyn Morgan-Hill - BBBCC_Mitigation Plan_14 October 09_FINAL.doc _ Page 6 the construction area , i .e. not filled . While impacts are anticipated to occur due to surrounding the wetland with development, barrier fencing will be erected to protect the remainder of Wetland C during each phase of construction . To compensate for impacting 39,949 square feet of wetland (0. 92-acre) we propose to create 1 .05-acres of wetlands on an adjacent parcel , rehabilitate 0 .89- acre of on and off-site wetlands, and enhance 2 . 05-acres of on and off-site wetland buffer. The applicant received a 401 Water Quality Certification (WQC) Order #6951 from the Department of Ecology (Ecology) on 15 July 2009 for the disturbance to the on-site wetlands. This wetland mitigation plan is intended to comply with the conditions set forth in said WQC . The applicant has also received a US Army Corps of Engineers (Corps) 404 permit for the same wetland impacts. This wetland mitigation plan is intended to comply with the conditions set forth in said Corps permit. 2 . 0 Proposed Development Project 2. 1 Project Description The proposed project is an approximate 8. 96-acre phased church site development located at the northeast corner of Bay Road and Blaine Road , in Whatcom County, Washington , within a portion of Section 32, Township 40 North , Range 1 East, W. M . ; Latitude 48°56'20" North , Longitude 122°43'53" West (Sheets 1 , 2 , and 3) . Timing of the project is pending project approval . The site plan proposes a phased development which , at full build out, will include a total of 41 , 360 square feet (0 .95 acres) of building area and 110 , 533 square feet (2 . 54 acres) of sidewalks, asphalt access roads , and parking areas (Sheets 4 and 5). The site will also include a sports ministry field to the northeast of the proposed church building , a septic drainfield located in the northeast corner of the field , a curtain drain upgradient of the drainfield , biofiltration swales, rain gardens and a detention pond located in the northwest corner of the site (Sheet 5). The proposed project will fill all or a portion of three Category IV PEMC on-site wetlands (Sheets 4 and 5) . The wetland impacts are the direct and indirect disturbance of 39, 949 square feet of wetlands that will occur by this proposed project. Although 31 , 164 square feet of actual fill will occur from the construction of the project, a portion of the central wetland , 8, 785 square feet of Wetland C , will remain out of the construction area , i . e. not filled (Sheet 5) . While impacts are anticipated to occur due to surrounding the wetland with development, barrier fencing will be erected to protect the remainder of Wetland C during each phase of construction . To compensate for impacting 39 , 949 square feet of wetland (0 . 92-acre) we Wetland Mitigation Plan (revised ) Birch Bay Bible Community Church 5 Aqua-Terr Systems, Inc. — 14 October 2009 ( 10/19/2009) Lyn Morgan-Hill - BBBCC Mitigation Plan 14 October 09_FINAL.doc Page 7I propose to create 1 . 05-acres of wetlands on an adjacent parcel , rehabilitate 0 . 89- acre of on and off-site wetlands, and enhance 2 . 05-acres of on and off-site wetland buffers (Sheet 6) . 2 .2 Description of the Development Site The subject parcel is located in Whatcom County, at the northeast corner of Bay and Blaine Roads (Sheet 1 ). Land use in the vicinity of the parcel is low intensity residential and farmland that is predominantly hay field or pasture . The property to the north is fallow field , wetland , and shrubs; to the east is farm field with a home and outbuildings, Bay Road is to the south , and Blaine Road is to the west (Sheet 2). The site slopes to the northwest, and has subtle ridge and trough topography (Sheet 3) . The subject property consists of an open field that has been hayed annually for about 110 years. We identified and delineated four palustrine emergent seasonally flooded ( PEMC) wetlands on the parcel , Wetlands A, B , C, and D (Sheet 3 ; ATSI 2007). Wetlands A, B , and C are depressional closed wetlands. Wetland D is a depressional outflow wetland that extends off-site to the north and has a scrub- shrub component on the off-site portion . 2. 2. 1 Historic and current land uses and zoning designations Historic land use and current land use of the subject parcel is the same. An aerial photograph from Whatcom County shows that the site has been maintained as a mowed field as far back as 1943 with anecdotal information suggesting the site has been a hay field since the turn of the previous century. Current zoning designation is Rural - 1 Dwelling Unit per 10 acres . 2. 2. 2 Project site cultural resources There are no known cultural resources on the subject parcel ; a cultural resource study has been completed and submitted to the Corps (Drayton Archaeological Research , Sept. 2008) . 2. 2. 3 Existing wetlands (on or adjacent to the development site) The National Wetlands Inventory ( NWI ) maps a palustrine emergent seasonally flooded ( PEMC) wetland on or near the north property boundary (ATSI 2007). We observed four wetlands on the parcel , one of which roughly corresponds with the mapped wetland (Sheet 3 , ATSI 2007) . The Whatcom County critical areas maps indicate that there is one large wetland complex mapped on or near the north property boundary. We identified one wetland in this area . This area was also mapped as having potential historical fish presence. The critical areas maps do not indicate any other fish or wildlife areas ( HCAs) on or near the property. We do not concur with this mapping . Wetlands were observed on the subject parcel and there is no fish habitat to the immediate north of the subject parcel . Wetland Mitigation Plan (revised ) Birch Bay Bible Community Church 6 Aqua-Terr Systems , Inc. — 14 October 2009 ( 1.0/19/2009) Lyn Morgan Hill - BBBCCMitigation Plan 14 October 09_FINAL.doc Page 8] Table 1 . Wetland type, category, and size Wetland Type Category Size (sq . ft. ) A PEMC IV 1 ,300 B PEMC IV 3, 355 C PEMC IV 35,294 D PSS/EMC III 15 ,607 Total sq .ft. 55 , 556 Total acres 1 .3 2. 2. 4 Other aquatic resources (on or adjacent to the development site) There are no other aquatic resources on or adjacent to the site. 3. 0 Development Site Impact Assessment 3. 1 Proposed Wetland Impact The proposed project will fill all or a portion of three Category IV PEMC on-site wetlands (Sheets 4 and 5). The wetland impacts are the direct and indirect disturbance of 39, 949 square feet of wetlands that will occur by this proposed project. Although 31 , 164 square feet of actual fill will occur from the construction of the project, a portion of the central wetland , 8, 785 square feet of Wetland C, will remain out of the construction area , i . e . not filled (Sheet 5). While impacts are anticipated to occur due to surrounding the wetland with development, barrier fencing will be erected to protect the remainder of Wetland C during each phase of construction (Sheets 4 , 5 and 6 ; Table 2). The potential and opportunity for all of these wetlands to perform wetland functions is low because they are all emergent seasonally inundated wetlands dominated by non-native grasses and forbs in a field that has been historically mowed annually for the past 110 years. Table 2 . Summary of proposed wetland impact Wetland Type Category Size Proposed (sq . ft.) Impact (sq . ft. ) A PEMC IV 1 , 300 1 ,300 B PEMC IV 3 ,355 3 ,355 C PEMC IV 35 ,294 35 , 294* D PSS/EMC Ill 15 ,607 00 :. Total sq .ft. 55 ,556 39 , 949 Total acres 1 . 3 0 .96 * see paragraph 3. 1 above for explanation 3.2 Impact Wetland Water Regime/Hydrology The wetlands that will be impacted by the proposed project are depressional , Wetland Mitigation Plan (revised ) Birch Bay Bible Community Church 7 Aqua-Terr Systems , Inc. — 14 October 2009 ( 10/19/2009) Lyn Morgan-Hill - BBBCC Mitgatior Plan_14 October 09_FINAL .doc Page 9 seasonally inundated wetlands (Sheets 4 and 5) . Hydrology is from on-site and off-site runoff from precipitation and a seasonal perched water table . Wetlands A, B , and C are depressional closed wetlands. 3.3 Impact Wetland Soils The Natural Resource Conservation Service ( NRCS ) maps the 12-Birch Bay Silt Loam , 0 to 3 percent slopes; 94-Labounty silt loam , drained , 0 to 2 percent slopes ; 178-Whatcom silt loam , 0 to 3 percent slopes; and 182-Whatcom- Labounty silt loam soil units on the subject property (Sheet 10 ; Goldin 1992) . We observed soils consistent with the Whatcom soil in the upland areas and either Labounty or other hydric soil inclusions in the PEMC wetlands. The NRCS lists the Labounty soil unit as hydric. In the PEMC wetlands we observed very dark gray ( 10YR 3/1 ) or gray ( 10YR 5/1 ) silt loarns often underlain by dark grayish brown ( 10YR 4/2) silt loam with many prominent dark yellowish brown ( 10YR 3/6) , yellowish brown ( 10YR 5/8), or dark yellowish brown ( 10YR 4/4) mottles. Hydric soil indicators observed were redoxymorphic features, i .e . , concentrations and low chroma . Descriptions of the mapped soil units and approximate locations of the sample plots are in Birch Bay Bible Community Church Wetland/Fish & Wildlife Reconnaissance and Delineation Report (ATSI 2007). 3.4 Impact Wetland and Buffer Vegetation 3.4. 1 Wetland Emergent wetland vegetation is found in PEMC Wetlands A, B , and C . This vegetation type is dominated by meadow foxtail (Alopecurus pratensis; FACW) , water foxtail (Alopecurus geniculatus; OBL), red fescue (Festuca rubra; FAC+), and creeping buttercup (Ranunculus repens; FACW), with soft rush (Juncus effusus; FACW) and slough sedge ( Carex obnupta; OBL) in some areas. 3.4. 2 Buffer The vegetation in the buffer consists of upland field vegetation that occurs throughout the site . Woodrush (Luzula campestris; FAC) , dandelion ( Taraxacum officinale; FACU ) , sweet vernal grass (Anthoxanthum odoratum; FACU ), tall buttercup (Ranunculus acris; FACW-), Canada bluegrass (Poa compressa; FACU + ), and spoiled cats-ear (Hypocharis radicata; FACU ) dominate this vegetation type , with meadow foxtail , red fescue , and black medic (Medicago lupulina; FAC) occurring in some areas. 3. 5 Impact Wetland Wildlife Habitat and Priority Habitat & Species We did not observe endangered , threatened , or sensitive plant or animal species or priority habitats regulated by Whatcom County, Washington State, or the federal government on the subject parcel or within the immediate vicinity. Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 8 Aqua-Terr Systems, Inc. — 14 October 2009 ( 10/19/2009) Lyn Morgan-Hill - BBBCC Mitigation Plan 14 October 09_FINAL.doc Page 10 ' The subject property is used as a field for hay production and is bounded by pasture to the east and scrub/shrub and herbaceous open space (fallow field) to the north . These habitats give the site potential for wildlife habitat and use , but the opportunity for use by wildlife is limited by the major roadways, Bay and Blaine Road which form the southern and western boundaries. The fields provide some habitat for small mammals, song birds, raptors, and insects. The scrub-shrub area on the property to the north increases habitat potential for larger mammals such as coyote ( Canis latrans) and black tailed deer ( Odocoileus hemionus) that may use the site for forage. Cover habitat such as trees, perches , and shrubs do not occur on the parcel . The on-site PEMC wetlands, Wetlands Al B , and C , and the on-site portion of Wetland D do not appear to be inundated for durations sufficient to support aquatic insect or amphibian breeding habitat, nor do they provide fish or waterfowl habitat. The off-site portion of Wetland D may support aquatic insect and amphibian breeding . 3.6 Impact Wetland Landscape Position & Geomorphology The proposed project will impact three Category IV PEMC on-site wetlands, Wetlands A, B , and C (Sheets 4 and 5). Within the Birch Bay Watershed Characterization and Watershed Planning Pilot Study, the wetlands that will be impacted by the proposed project are located at the intersection of three sub- basins: Terrell Creek Upper Trib 1 , Terrell Creek Upper Trib 2 , and the Bog Trib. According to Stephen Stanley, Ecology, these three sub-basins are categorized as "development, protection , and restoration areas" (Stanley. S ; 23 May 2008 Memo). The guidance information in the Birch Bay Watershed Characterization study indicates that restoration in the Bog Tributary sub-basin , relative to Terrell Creek Upper Trib 1 sub-basin , would have far greater benefit to ecosystem processes and functions for Birch Bay. The definitions provided also note that the "protection" category does not exclude future development and that the "restoration" category does not mean that only restoration should occur, but they are intended to ensure that processes and functions of the overall ecosystem are sustained and hopefully improved . On-site visits to the BBBCC location by Ecology showed that the seasonal on-site wetlands are not groundwater driven and would appear to have a short growing season before drying out and that the performance of all functions would be limited as a result. It was noted that avoidance with new developments surrounding the wetlands would further impact functions. The historic Bog Trib wetland ecosystem likely started at the northern boundary of the property where a gradient break occurs (Wetland D , Sheet 3). The wetlands in the Bog Trib at the northern boundary of the church site are presently degraded due to ditching and mowing and offer an excellent opportunity for restoration and enhancement (technically called rehabilitation ) within this sub-basin . Therefore, Ecology concluded that, given the characterization guidance and the site conditions, Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 9 Aqua-Terr Systems, Inc. — 14 October 2009 i ( 10/19/2009) Lyn Morgan-Hill - BBBCC_Mitigation Plan 14 October 09_FINAL.doc Page 11 restoration/rehabilitation of wetlands in the Bog tributary basin (Category III Wetland D, Sheet 3) would provide greater benefit ecologically than protecting the existing Category IV wetlands on-site. 3.7 Impact Wetland Functions Wetlands A and B are less than one-tenth of an acre . These small wetlands are PEMC depressional closed wetlands that have minimal potential to provide wetland functions and therefore we assess them as Category IV wetlands. Wetland C is a Category IV PEMC wetland with a habitat score of 12 . Wetland D is a Category III PSS/EMC wetland with a habitat score of 17. Wetlands C and D were assessed with a qualitative system we derived from information we compiled from agencies, professionals, and the current literature to evaluate the functions of wetlands and other habitats. References and a user manual for our evaluation are available upon request. Individual functions are assessed point values of 0 through 3 ; 0=function or attribute is lacking ; 1 =low value , 2=medium or moderate value, and 3=high value . The average of the value for functions is used as the overall assessment of the wetland or habitat. The overall value of PEMC depressional closed Wetland C is low (Table 3). This wetland has one wetland class: emergent. The buffer is dominated by maintained open field . Ecotone complexity (sinuosity) between upland and wetland is low. Enhancement potential is moderate because it is dominated by non-native plant species, lacks vertical structure , and lacks habitat features (e .g . , logs and snags) . Individually, this wetland has low potential and opportunity for flood and storm drainage protection and other water quantity and quality functions because it is small , near the top of the watershed , and lacks direct connectivity to other wetlands or waters. However, is does provide important stormwater functions , i . e . , water quality and hydrologic functions because it is a closed system . Wildlife habitat is low because it lacks habitat features, such as vertical structure (shrubs and trees), logs, and snags , it lacks inundation for durations to support aquatic insect, amphibian , or waterfowl breeding , it is a depressional closed wetland , therefore, lacks connection to waters that support fish habitat, and it lacks a forested buffer. Wetland Mitigation Plan (revised ) Birch Bay Bible Community Church 10 Aqua-Terr Systems , Inc. — 14 October 2009 ( 10/19/2009) 14n Morgan-Hill - BBBCC Mitigation Plan 14 October 09_FINAL.dac Page 12 t Table 3. Function assessment summary of PEMC depressional closed Wetland C Functions and Attributes Value 1 . Age and classes of wetland communities or populations. 1 2. Buffer size and character. 1 3. Cultural , heritage, recreational , and local value. 1 4. Ecotone complexity & transition zone between dry land and watercourses I (sinuosity). 5. Enhancement potential . 2 6. Flood and storm drainage protection . 1 7. Habitat for fish and/or wildlife. 0 8. Presence of sensitive, threatened , or endangered species. 0 9. Presence and number of habitat features. 0 10. Shoreline stabilization . n/a 11 . Size of wetland or habitat. 1 12. Support of baseflow and surface or groundwater recharge or discharge. 1 13. Uniqueness of habitat to area or in general . 1 14. Water quality functions. 1 15. Wetland/habitat classification diversity. 1 16. Wildlife corridors and linkage to other habitats. 2 The overall value of PSS/EMC depressional outflow Wetland D is moderate (Table 4) . This wetland has two wetland classes : emergent and scrub/shrub. The buffer is dominated by un-maintained open field . Ecotone complexity (sinuosity) between upland and wetland is moderate. Enhancement potential is moderate because it is dominated by non-native plant species , has some vertical structure , and has only minimal habitat features (e.g . , logs and snags). Individually, this wetland has moderate potential and opportunity for flood and storm drainage protection and other water quantity and quality functions because it is near the top of the watershed , and appears to lack direct connectivity to other wetlands or waters. However, it does provide important stormwater functions , i . e. , water quality and hydrologic functions because of its position in the landscape (high ) and likely connection to roadside ditches. Wildlife habitat is low because it lacks habitat features, such as vertical structure (trees), logs, and snags but does have a shrub component. Although it appears to lack inundation for durations to support aquatic insect, amphibian , or waterfowl breeding , it is a depressional open wetland and may provide some aquatic insect and amphibian habitat. The wetland does not provide fish habitat and lacks any direct connections to waters that support fish habitat. Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 11 Aqua-Terr Systems, Inc. — 14 October 2009 (10/19/2009) Lyn Morgan-Hill - BBBCC_Mitigation Plan_14 October 09_FINAL.doc Page 13 Table 4. Function assessment summary of PSS/EMC depressional outflow Wetland D Functions and Attributes Value 1 . Age and classes of wetland communities or populations. 1 . 5 2. Buffer size and character. 1 . 5 3. Cultural , heritage, recreational , and local value. 1 4. Ecotone complexity & transition zone between dry land and watercourses 1 . 5 (sinuosity). 5. Enhancement potential . 2 6. Flood and storm drainage protection . 2 7. Habitat for fish and/or wildlife. 1 8. Presence of sensitive, threatened , or endangered species. 0 9. Presence and number of habitat features. 1 10. Shoreline stabilization . n/a 11 . Size of wetland or habitat. 1 12. Support of baseflow and surface or groundwater recharge or discharge. 2 13. Uniqueness of habitat to area or in general . 1 14. Water quality functions. 2 15. Wetland/habitat classification diversity. 1 16. Wildlife corridors and linkage to other habitats. 2 3.8 Impact Wetland Category Wetlands were categorized on the subject parcel with the Washington State Wetland Rating System ( Hruby 2004) per Whatcom County Critical Areas Ordinance (WCC) Title 16 . 16 .610. D . Rating forms can be found attached in the Birch Bay Bible Community Church Wetland/Fish and Wildlife report (ATSI 2007). Wetlands A and B are less than one-tenth of an acre and are therefore not suitable to be rated with the Washington State Wetland Rating System ( Hruby 2004) . These small wetlands are PEMC depressional closed wetlands that have minimal potential to provide wetland functions and therefore we assess them as Category IV wetlands. Wetland C is a Category IV PEMC wetland with a habitat score of 12 . Wetland D is a Category III PSS/EMC wetland with a habitat score of 17 . 3.9 Impact Wetland Buffers The impacted wetland buffers consist of mowed field . Whatcom County regulates wetlands per Article 6 of WCC 16 . 16 . Per Article 6 , Wetlands A and B are exempt due to their small size as they meet the criteria set forth in 16. 16.610 E . Wetlands C and D and their associated buffers are regulated by Whatcom County, and require a 60-foot buffer under the current site conditions. The project proposes to fill portions of Wetland C and its buffer and to reduce the buffer on rehabilitated Wetland D (Sheets 5 and 6) . 4. 0 Mitigation Approach To compensate for filling on-site wetlands Al B , and C , we propose a combination of off-site wetland creation , on and off-site wetland rehabilitation , and buffer Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 12 Aqua-Terr Systems , Inc. — 14 October 2009 ( 10/19/2009) Lyn Morgan-Hill - BBBCC Mitigation Plan 14 October 09 FINAL.doc Page 14 enhancement (Sheet 6) . 4. 1 Mitigation Sequencing The BBBCC has consulted with ATSI , the Corps , Whatcom County, and Ecology for guidance related to jurisdiction , avoidance , and mitigation of the on-site wetlands. The BBBCC has also consulted with Ecology with respect to the Birch Bay Watershed Characterization and Watershed Planning Pilot Study for alternative mitigation approaches and a watershed-based management approach . The BBBCC has received a Section 401 Water Quality certification from Ecology and Section 404 permit from the Corps. Following an investigation of 19 separate sites, the Bay-Blaine Road property was determined by the BBBCC , ATSI , and Ecology to be the most feasible site available. Avoidance of all on-site wetlands was not practicable due to the location of the wetlands and the impacts likely to be incurred incidentally to the wetlands as a result of surrounding them with development. Ultimately, it was concluded that the most ecologically favorable option for development of the site was to avoid Wetland D , and to replace the functions of Wetlands A, B , and C instead of avoiding them . A complete Alternatives Analysis documenting this process has been completed and submitted to Whatcom County. 4.2 Proposed Mitigation The proposed mitigation is a combination of on-site and off-site wetland creation , wetland rehabilitation , and buffer enhancement (Sheet 6). We propose to rehabilitate 15 ,607 square feet (0 . 36-acre) of on-site PEM Wetland D to PSS wetland and enhance 32 , 442 square feet (0. 74-acre) of said wetland buffer. We propose to create 45 , 575 square feet ( 1 . 05-acre) of off-site PSS wetland ; rehabilitate 23 , 009 square feet (0 . 53-acre) of off-site PEM wetland (Wetlands E , F , G & H ) to PSS wetlands; and enhance 56 , 954 square feet ( 1 . 31 -acre) of off- site buffers to provide greater functions than those currently existing (Table 5). The off-site mitigation is to occur on the "Pollock" parcel . Table 5. Wetland impact and mitigation summary Total Impacted Created Rehabilitated Wetland Type (sq . ft. ) (sq . ft. ) (sq . ft. ) (sq . ft) Emergent on-site 55 , 556 39, 949 0 .0 0. 0 Scrub-shrub on-site 0 .0 0 .0 0 .0 15 , 607 Emergent off-site 23 ,009 0 .0 Scrub-shrub off-site 45 , 575 23 , 009 Total 80 ,799 39,949 45 ,575 38 ,616 Curtain drains, biofiltration swales, rain gardens , and a detention pond will capture and detain runoff from the proposed project and will be designed to the current Washington State Department of Ecology 2005 standards. Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 13 Aqua-Terr Systems , Inc. — 14 October 2009 ( 10/19/2009) Lyn Morgan Hill - BBBCC Mitigation Plan 14 October 09_FINAL.doc Page 15 4.3 Mitigation Goals The goal of the mitigation is to ensure that processes and functions of the overall sub-basin ecosystems , where these wetlands are located , are sustained and improved . 4.4 Mitigation Strategy The proposed mitigation is a combination of off-site wetland creation , on and off- site wetland rehabilitation and buffer enhancement (Sheets 6 to 11 ). Our strategy is to eradicate the reed canarygrass on the Pollock parcel by mowing and spraying , minor excavation , and then "flooding" this mitigation area by either installation of a suitable "plug" that will restore and redirect surface flow and restore the seasonal high ground water table to the mitigation area . The mitigation area on the Pollock parcel will have a variety of minor topographic areas (hummocks and depressions) to provide a variety of hydrological regimes that are seasonally flooded to depths not greater than 36 inches. Wide berms may be incorporated in the design if applicable for the plugging of the ditch . We also intend to fill the ditch on the northern edge of the BBBCC parcel . This will allow us to rehabilitate the hydrology to those portions of Wetland D to historical conditions. Hydrology will be observed for one wet season post-excavation to verify that seasonal flooding occurs prior to planting . Once wetland hydrology is verified in the mitigation areas, large woody debris and snags will be installed , and native vegetation planted in both the wetlands and buffers . The wetland rehabilitation areas and wetland buffers will be planted during the first wet season post- construction post year one as expressed above . Portions of the buffers may be planted during the first wet season , in particular the southern edges . However, all fencing shall be erected prior to planting to provide protection and a "visual' edge. The mitigation site will be monitored and maintained for not less than 10 years. 5 . 0 Proposed Mitigation Site 5. 1 Mitigation Site Location The on-site mitigation area is the same as the project site. The off-site mitigation area is located to the east of and adjacent to the project site (Sheet 6) . Wetland Mitigation Plan (revised ) Birch Bay Bible Community Church 14 Aqua-Terr Systems, Inc. — 14 October 2009 1 ( 10/19/2009) Lyn Morgan-Hill - BBBCC Mitigation Plan 14 October 09_FINAL.doc Page 16 5.2 Mitigation Site Ownership On-site: Off-site : Birch Bay Bible Community Church Patrick and Renetta Pollock 7039 Jackson Road 4438 Bay Road Blaine , WA 98230-9626 Blaine, WA 98230-9013 5.3 Mitigation Site Rationale We chose the on-site mitigation area because it is the same as the project site and the off-site mitigation area because it is adjacent to the proposed BBBCC project site , within the same watershed sub-basins, and within the same soil series as the impacted wetlands. 5.4 Mitigation Site Constraints Mitigation site constraints consist of Blaine Road to the west of Wetland D , the Pollock home site to the south of the off-site mitigation area , and the proposed church site development itself. These constraints, which may affect sources of runoff hydrology to the mitigation site , along with the sports ministry field adjacent to Wetland D and the sports ministry field , may provide a source of human intrusion into the mitigation areas. We are also concerned about the possibility of increasing ( by flooding ) the neighboring fields and inadvertently creating wetlands during our manipulation of the mitigation site hydrology. This possibility will be carefully monitored and rectified if it occurs. 6. 0 Mitigation Site Existing Conditions The on-site mitigation area is at the proposed project site (Sheet 6). The off-site mitigation area is to the east of and adjacent to the proposed project site (Sheet 6) . The existing conditions of the project site have been described in this text. The offsite mitigation area is similar to the proposed church project site but has been left fallow ( not mowed ), contains a preponderance of reed canarygrass , and portions appear to be have been historically drained with an east-west ditch along the north property line ; a south-north ditch between Wetlands E , F , and H ; and another south-north ditch which originates north of the Pollock home site and flows northward (Sheets 3 to 6). Both south-north ditches connect into the east- west ditch along the north property line . ATSI observed and delineated four wetlands within the off-site mitigation area , Wetlands E , F , G and H (Sheet 3). Wetland E (3 ,670 square feet; 0 .08-acre) is a PEMC depressional closed wetland . Wetlands F (6 , 890 square feet; 0 . 16-acre) and H (3, 980 square feet; . 09-acre) are depressional outflow wetlands. Wetland G (8 , 100 square feet; 0 . 18- acre) is a depressional outflow wetland that extends off-site a visibly short distance to the north . All are rated as Category IV wetlands with habitat scores of less than 10 points. Data plots , data sheets, and the wetland rating form for this off-site mitigation area were previously submitted to the agencies (Whatcom County, Ecology, and the Corps) . Wetland Mitigation Plan (revised ) Birch Bay Bible Community Church 15 Aqua-Terr Systems, Inc. — 14 October 2009 ( 10/19/2009) Lyn Morgan-Hill - BBBCC_Mitigation Plan 14 October 09 FINAL.do9. Page 17 Wetlands E , F , and H are less than one-tenth of an acre. These small wetlands are PEMC depressional closed wetlands that have minimal potential to provide wetland functions . Because Wetland G may be larger than one-tenth of an acre due to the off-site portion , it was assessed with a qualitative system we derived from information we compiled from agencies, professionals, and the current literature to evaluate the functions of wetlands and other habitats. References and a user manual for our evaluation are available upon request. Individual functions are assessed point values of 0 through 3 ; 0=function or attribute is lacking ; 1 =low value , 2=medium or moderate value , and 3=high value . The average of the value for functions is used as the overall assessment of the wetland or habitat. The overall value of PEMC depressional outflow Wetland G is low (Table 6). This wetland has one wetland class: emergent. The buffer is dominated by un- maintained open field . Ecotone complexity (sinuosity) between upland and wetland is low. Enhancement potential is moderate because it is dominated by non-native plant species, lacks vertical structure , and lacks habitat features (e .g . , logs and snags). Individually, this wetland has low potential and opportunity for flood and storm drainage protection and other water quantity and quality functions because it is small and near the top of the watershed . Wildlife habitat is low because it lacks habitat features, such as vertical structure (shrubs and trees) , logs, and snags , it lacks inundation for durations to support aquatic insect, amphibian , or waterfowl breeding , lacks connection to waters that support fish habitat, and it lacks a forested buffer. Table 6. Function assessment summary of PEMC off-site depressional outflow Wetland Functions and Attributes Value 1 . Age and classes of wetland communities or populations. 1 2. Buffer size and character. 1 3. Cultural , heritage, recreational , and local value. 1 4. Ecotone complexity & transition zone between dry land and watercourses 1 (sinuosity). 5. Enhancement potential . 2 6 . Flood and storm drainage protection . 1 7. Habitat for fish and/or wildlife. 1 8. Presence of sensitive, threatened , or endangered species. 0 9. Presence and number of habitat features. 0 10. Shoreline stabilization . n/a 11 . Size of wetland or habitat. 1 12. Support of baseflow and surface or groundwater recharge or discharge. 1 13. Uniqueness of habitat to area or in general . 1 14. Water quality functions. 1 15. Wetland/habitat classification diversity. 1 16. Wildlife corridors and linkage to other habitats. 2 Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 16 Aqua-Terr Systems, Inc. — 14 October 2009 ( 10/19/2009) Lyn Morgan-Hill - 13-8-BCC Mitigation Plan 14 October 09_FINAL.doc Page 18 7 . 0 Mitigation Site Plans/Design 7. 1 Description of Site Plan/Design The proposed mitigation is a combination of off-site wetland creation , on and off- site wetland rehabilitation , and buffer enhancement (Sheet 4- 11 ) . We propose to rehabilitate 15 ,607 square feet (0 . 36-acre) of on-site PEM Wetland D to PSS wetland and enhance 32 ,442 square feet (0. 74-acre) of said wetland buffer. We propose to create 45 ,575 square feet ( 1 . 05-acre) of off-site PSS wetland ; rehabilitate 23, 009 square feet (0 .53-acre) of off-site PEM wetland (Wetlands E , F , G & H ) to PSS wetlands; and enhance 56 , 954 square feet ( 1 . 31 -acre) of off- site buffers. 7.2 Grading Plan/Site Maps The existing topography of the on-site wetland rehabilitation area and buffer is a combination of upland and partially drained wetland that slopes gently to the northwest and eventually into the off-site portion of Wetland D (Sheet 6) . No excavation will occur in this area however there is a shallow ditch on the northern edge of this parcel that conveys seasonal flow to the west into the roadside ditch . This ditch will be filled to rehabilitate the on-site portion of Wetland D . The existing topography of the off-site wetland creation has an overall northward slope toward the east-west ditch at the northern boundary of the property, and it contains shallow depressional areas interspersed throughout (Wetlands E , F , G , and H ) (Sheet 6). Although minor excavation is expected , we intend to flood this mitigation area by either installation of a suitable "plug" that will restore and redirect surface flow and restore the seasonal high ground water table. The mitigation area on the Pollock parcel will have a variety of minor topographic areas (hummocks and depressions) to provide a variety of hydrological regimes that are seasonally flooded to depths not greater than 36 inches . Wide berms may be incorporated in the design if applicable for the plugging of the ditch . A wetlands biologist with consultation from a qualified contractor shall supervise all earth work. Excavation should occur during the dry season , e . g . , mid- to late-summer. If the mitigation site or portions therefore are not excavated and the reed canarygrass is not removed , the site shall be prepared in a manner to eradicate the reed canarygrass. This method shall involve , at a minimum , cutting and removal the grass and spraying with an approved herbicide by an approved herbicide applicator under the direction of a qualified wetlands biologist. 7.3 Water Regime/Hydrology Wetland hydrology for the on-site rehabilitated wetland area will be from a seasonal high water table and upgradient run-off into the mitigation area . Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 17 Aqua-Terr Systems, Inc. — 14 October 2009 1 ( 10/19/2009) Lyn Morgan-Hill - BBBCC_Mitigation Plan 14 October 09FINAL.doc _ _ _ Page 19 Wetland hydrology will be seasonal saturation to inundation with a maximum depth of 12 to 36-inches for not more than 45 percent of the growing season and saturated to the surface for not less than 12 percent of the growing season ( March through October). These wetlands will have seasonal hydrology in nature, i .e . , they will become dry in the late summer months. 7.4 Soils Approximately 6 inches of clean top soil will be placed in the created wetland area to facilitate growth of the plantings if soil has been removed . All bare soil within the mitigation areas shall be planted with a grass cover crop such as annual rye (Lolium multiflorum) to reduce erosion and to compete with any reed canarygrass. A wetlands biologist will supervise all soils and planting work. 7. 5 Planting Plan Native trees and shrubs and emergent species will be planted within the created and rehabilitated wetlands and the enhanced buffers (Sheet 11 ) . Plants shall be installed by an experienced native plant landscaper, and at a minimum , planting shall be supervised by an experienced native plant landscaper or qualified biologist. The southern edges of the wetland buffers shall be planted with a "stickery hedgerow" and conifer trees to block light and human intrusions (Sheet 11 ) . All fencing on the southern edges of the mitigation site (on and off-site) shall be installed as soon as practicable , i . e . , the Pollock parcel fences can be installed prior to construction however the church fencing may require phasing because of construction of the stormwater system and sports ministry field . All planting shall occur during the first wet season post fence installation . Timing Planting in the created wetland and rehabilitated wetland areas should occur in February or during the wet season one-year post excavation of the mitigation area . Planting one-year post excavation allows for monitoring hydrology levels at the mitigation site . Once hydrology levels are known and we are assured that sufficient wetland hydrology occurs , plants can be installed in the appropriate hydrologic regime , this increases plant survival . Planting in the buffer may occur after mitigation construction or at the same time as the wetland plantings (see 7. 5 above) . Plant Source Plant stock will be from a local native plant nursery with plant stock from the same region as the mitigation site . Plants shall be free of disease and healthy to improve transplant survival . Wetland Mitigation Plan (revised ) Birch Bay Bible Community Church 18 Aqua-Terr Systems , Inc. — 14 October 2009 (10/19/2009) Lyn Morgan-Hill - BBBCC Mitigation„Plan_14 October 09_FINAL.doc Page 20 Spacing Shrubs shall be planted at 3 to 5 feet on center (Sheet 11 , Table 7). All shrubs such as rooted cuts , shall be 1 -gallon size or equivalent or planted from seed . Quantities derived at these spacings call for a range of 9, 723 to 3, 504 shrubs. We do not recommend immediate planting at the upper range of this density, e .g . at 3 foot on center. The observation of Labrador tea on site indicates that the soils in this location may have unique characteristics. Therefore, we recommend planting at the 5 foot on center density (3 , 504 shrubs) in order to establish species viability within these soils and hydrology as well as to anticipate the germination of volunteer species. If after 3 years , the required percent coverage has not been achieved , thriving species will be determined and planted in quantities required to fill in those areas not meeting the thresholds. Trees shall be planted 10 to 12 foot on center (Sheet 11 , Table 7) at a minimum of 1 -gallon size or equivalent. Quantities derived at 10 foot spacings call for 426 trees. Emergents shall be planted 6-inch on center, bare root or seeded (Sheet 6 , Table 7) . Quantities derived at these spacings call for 67 , 354 emergent plants. We do not recommend immediate planting at this density. Instead we recommend planting approximately one-quarter of this amount ( 16, 800) and broadcasting seed for the remainder in order to establish species viability within these soils and hydrology , to anticipate the germination of volunteer species due to the proximity of a natural seed bank within the adjacent wetland to the north , and to determine suitable areas to plant relative to the planting locations of the installed trees and shrubs. If after 3 years, the required percent coverage has not been achieved , thriving species will be determined and planted or additional seeding in quantities required to fill in those areas not meeting the thresholds. Installation All plants will be planted in a minimum of 8 inches of topsoil . Planting holes shall be twice as wide and twice as deep as the plant root size. Planting holes may be amended with soil microbes and fertilizer. Protective tubes or stem covers are recommended for all trees and shrubs but may be avoided at the recommendation of the plant installer or a qualified biologist. All trees and shrubs will be staked as needed . Substitutions Substitutions for the plant species listed and minimum plant size may be made upon approval of a qualified biologist or native plant landscaper. Table 7. Mitigation site recommended planting for species, location , quantity, and size. We realize the quantities referenced below do not coincide with the quantities described above (Spacing) . A final tally of species and quantity will be confirmed mid-year post construction , i .e . , during the time when the hydrology is Wetland Mitigation Plan (revised ) Birch Bay Bible Community Church 19 Aqua-Terr Systems, Inc. — 14 October 2009 1; (10/19/2009) Lyn Morgan-Hill BBBCC Mitiigation, Plan October 09_FINAL.doc __ Page 21 . being monitored . The performance standards described below will be the final determining factor on species and quantity for plant installation , based on an Adaptive Management strategy. Vegetation Layer & Species Location Quantity Size Trees: 426 ( 10 ft. on center) Sitka spruce (Picea sitchensis) wb 48 24" Western crabapple (Malus fuscus) wb 48 1 gp bitter cherry (Prunus emarginata) upl 66 24" paper birch (Betula papyrifera) upl 66 24" Douglas fir (Pseudotsuga menziesii) upl 66 24" Western redcedar (Thuja plicata) upl 66 24" Grand fir (Abies grandis) upl 66 24" Shrubs: 9, 723 - 3,504 (3 to 5 ft. on center) hooker willow (Salix hookeriana) w 1 ,869 - 674 Rc Pacific willow (Salix laciandra) w 1 ,869 - 674 Rc Scouler willow (Salix scouleriana) wb 533 - 192 Rc black hawthorne ( Crataegus douglasii) wb 533 - 192 1 gp Cascara (Rhamnus purshiana) upl 917 - 330 24" Red osier dogwood ( Corpus stolonifera) w 1 ,869 - 674 1 gp Pacific ninebark (Physocarpus capitatus) wb 533 - 192 1 gp salmonberry (Rubus spectabilis) wb 533 - 192 1 gp twinberry (Lonicera ffusesate) wb 533 - 192 1 gp Red elderberry (Sambucus racemosa) wb 533 - 192 1 gp osoberry ( Oemleria cerasiformis) upl 917 - 330 1 gp snowberry (Symphoricarpos albus) upl 917 - 330 1 gp vine maple (Acer circinatum) upl 917 - 330 1 gp Labrador tea (Ledum groenlandicum) w 10 1 gp Emergents: 67,354 (at 6 in . on center - seeding at 50 lbs/acre is an acceptable option) slough sedge ( Carex obnupta) w 9,622 br/s small fruited bulrush (Scir p us microcar p us) w 9,622 br/s hard-stem bulrush (Scirpus acutus) w 9,622 br/s soft rush (Juncus ffuses) w 9,622 br/s dagger-leaf rush (Juncus ensifolius) w 9,622 br/s Tall mannagrass ( Glyceria elata) w 9,622 br/s spike-rush (Eleocharis palustris) w 9,622 br/s LWD 4 Snags 2 wb=wetland boundary, upl =upland , w= wetland br=bare root, 1gp= 1 gallon pot or equivalent, rc=rooted cuts, br/s=bare root or seeded 7.6 Mitigation Quality Control & As-built 7. 6. 1 Quality control Wetland Mitigation Plan (revised ) Birch Bay Bible Community Church 20 Aqua-Terr Systems , Inc. — 14 October 2009 ( 10/19/2009) Lyn Morgan Hill - BBBCC Mitigation Plan_14 October 09_FINAL.doc Page 22 I To assure success of the mitigation , a qualified wetlands biologist will be on-site periodically during all phases of mitigation implementation . 7. 6. 2 As-built An as-built drawing of the on and off-site mitigation areas will be provided to the agencies post-excavation and installation of plantings. The as-built shall be prepared by a professional biologist or an experienced native plant landscaper with the assistance of a licensed surveyor or engineer to produce the final as- built drawing . This drawing will indicate all appropriate features, e.g . , topography, created wetland , buffer, and the approximate locations of the installed plants , fences , and habitat features . The quantity and species of the planted material will be indicated in a table on the drawing . Photographs will be taken from fixed locations to adequately document the mitigation area (see Monitoring 8. 1 below). 7 .7 Site-Specific Goals, Objectives, and Performance Standards 7. 7. 1 Goals & Objectives The goal of the mitigation is to ensure that processes and functions of the overall sub-basin ecosystems, where these wetlands are located , are sustained and improved . The above referenced square footages for creation , rehabilitation , and enhancement shall be achieved (Sheet 6). To achieve this goal the created and rehabilitated wetlands will be planted with native shrub and herbaceous species typical of scrub-shrub wetlands in the surrounding area , and the buffer will be planted with native upland tree and shrub species also typical of this area (Table 7). Wetland hydrology in the created wetland will be seasonally saturated to flooded for not less than 12 percent and not more than 45 percent of the growing season ( March through September). The seasonal saturation to flooding will provide potential breeding habitat for amphibians and aquatic insects. The vertical structure created by the native shrubs in the wetlands and the native shrubs and trees in the upland buffer will provide wildlife habitat. The shrubs and trees in the buffer will also provide protection to the wetland . 7. 7. 2 Performance Standards Hydrology The created and rehabilitated on and off-site wetlands in the mitigation areas will be seasonally saturated to flooded with a maximum depth of 12 to 36-inches for not less than 12 percent and not more than 45 percent of the growing season . Water levels will be measured once each in March , May, and September as part of the monitoring program . All wetlands will become dry during the late summer months as currently occurs . Vegetation In post-installation years 1 and 2 , vegetation in the created and rehabilitated Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 21 Aqua-Terr Systems, Inc. — 14 October 2009 3 (10/19/2009) Lyn Morgan Hill BBBCC Mitigation Plan 14 October 09 FINAL.doc Page 23 j wetlands will have a 90 percent survival rate. By year 3, vegetation in the created and rehabilitated wetlands will have a minimum of 20 percent aerial cover of desirable native shrub (planted or volunteer) species and a minimum of 5 percent aerial cover of desirable herbaceous species. Within 5 years post- installation vegetation in the created and rehabilitated wetlands will have a minimum of 20 to 30 percent aerial cover of desirable native shrub species and a minimum of 10 percent aerial cover of desirable herbaceous species. Within 7 years post-installation vegetation in the created and rehabilitated wetlands will have a minimum of 40 to 50 percent aerial cover of desirable native shrub species and a minimum of 20 percent aerial cover of desirable herbaceous species . Within 10 years post-installation , vegetation in the created and rehabilitated wetlands will have a minimum of 65 percent aerial cover of native shrub species and a minimum of 20 to 30 percent aerial cover of native herbaceous species. In post-installation years 1 and 2 , vegetation in the upland buffers will have a 90 percent survival rate . In year 3 post-installation , vegetation in the buffers will have a minimum of 10 to 20 percent aerial cover of desirable native shrubs and a minimum 10 to 20 percent aerial cover of desirable native trees. Within 5 years post-installation , vegetation in the buffers will have a minimum of 20 percent aerial cover of desirable native shrubs and a minimum 20 to 30 percent aerial cover of desirable native trees. Within 7 years post-installation , vegetation in the buffers will have a minimum of 20 percent aerial cover of desirable native shrubs and a minimum 30 to 40 percent aerial cover of desirable native trees. Within 10 years post-installation , vegetation in the upland buffers will have a minimum of 20 percent aerial cover of desirable native shrubs and a minimum 65 percent aerial cover of desirable native trees. Cover will be estimated directly for each site , i .e. , created wetlands, rehabilitated wetlands , and the enhanced buffers. The establishment or dominance by volunteer native species (red alder, hardhack, softrush , etc. ) shall not constitute failure of the mitigation goals. Non-native invasive species will comprise no more than 10* percent of the emergent layer and none of the shrub layer. Non-native invasive species include but are not limited to : reed canarygrass Phalaris arundinacea Himalayan blackberry Rubus procerus evergreen black Rubus laciniatus Canada thistle Cirsium arvense poison hemlock Conium maculatum hedge bindweed Convolvulus sepium Scot's broom Cytisus scoprius English ivy Hedera helix Japanese knotweed Polygonum convolvulus/ cuspidaturn tansy ragwort Senecio jacobaea Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 22 Aqua-Terr Systems, Inc. — 14 October 2009 • 1 ' ( 10/19/2009) Lyn Morgan-Hill - BBBCC Mitigation Plan_14 October 09_FINAL.doo Page 24 i Japanese knotweed shall have a zero percent cover, i .e . , shall have a "no presence" performance standard ; however, Japanese knotweed is currently not present on this site . *Ecology has proposed that percent cover standards for reed canarygrass be increased to allow for up to 40 percent cover, which may be a more realistic standard . Although the 10 percent cover will be the preferred performance standard , anything above that percent cover will be discussed with and jointly agreed upon with the agencies specifically because this will affect the performance standards . In section 7 .5 Planting Plan (substitutions) Table 7 above, Adaptive Management is referenced . Per Article 8, Definitions, and WCC 16. 16, Adaptive Management means . . . a formal and deliberate scientific approach to taking action and .E obtaining information in the face of uncertainty. Management policy may be adapted based on a periodic review of new information. We reiterate this definition because there will be perturbations in the water table and plant species, composition , distribution and density will vary as per this mitigation plan . 8. 0 Monitoring & Maintenance Plan 8. 1 Monitoring Monitoring shall occur during and after construction , during the first wet season , during planting , and periodically as required during the monitoring period . Monitoring is required to assure the success of the mitigation site and shall continue for a period of not less than 10 years. A single monitoring period will consist of March , May, and September mitigation site reviews. The monitoring period shall continue for a period of not less than 10 years in years 1 , 2 , 3 , 5 , 7 and 10 , beginning 1 year from the date the post- plantings or acceptance of the as-built drawings per Whatcom County standards, and more if required by other agencies. Monitoring reports shall be due by December 31 of each year and submitted to Whatcom County, Ecology, and the Corps. { Monitoring will consist of measuring wetland hydrology in the created wetland and rehabilitated wetlands, making observations of the plantings, noting any invasive plant species, making observations of any fauna that are using the wetlands and buffers, and noting general site conditions. Monitoring reports shall follow those standards expressed in the Ecology WQC Order #6951 and expressed in the paragraph below. Panoramic photographs will be taken that depict the wetland mitigation areas before construction and for each monitoring period . Monitoring reports will include hydrology observations, condition of the plantings, fauna observations, general site condition , photographs, and maintenance options and suggestions. The year one monitoring report will include the as-built Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 23 Aqua-Terr Systems, Inc. — 14 October 2009 m -- a 0 ( 10/19/2009) Lyn Morgan-Hill - BBBCC Mitigation Plan 14 October 09_FINAL .doc Page 25 drawing . We recommend that the current Corps protocols be followed for the mitigation monitoring reports. 8.2 Maintenance Weeding (of undesirable non-native plants) , watering , and fertilizing shall occur as needed . We recommend that the site be hand weeded ( i .e. , a gas powered weed whacker however mowing may occur if the trees and shrubs are planted in rows and accessible) of undesirable non-native plants on a minimum once-per- month basis during the growing season and continue for a period of three years. If any spraying of weedy species is recommended during the monitoring period , it will be carried out by a qualified herbicide applicator. Spraying should occur in early spring and late summer. If any one area of weeds exceeds 100 square feet in size, or greater than 10 percent (see comments above) cover within the 10 year monitoring period , the plants will be sprayed with glyphosate or a suitable herbicide by a licensed applicator in the spring and rechecked during the summer and fall seasons , as necessary, until the plant(s) are under control . Any plants that do not survive the first year post-planting shall be replaced in-kind or with a. planted species currently found to be thriving within these soils and hydrology. 9 . 0 Site Protection The mitigation site shall be placed into a Conservation Easement per Whatcom County, Ecology, and Corps requirements . Barrier fencing will be erected to protect the remainder of Wetland C during each phase of construction . The southern outer boundary of the mitigation area of Wetland D and the offsite mitigation area shall be fenced (Sheets 4 , 5, and 6) , identified with signs or markers , and planted with conifers and a stickery hedgerow to minimize potentially harmful intrusions from adjacent land uses per Ecology and Whatcom County standards (Sheet 11 ) . Signs applicable to Whatcom County CAO standards shall be installed every 75 feet along all fences adjacent to the mitigation areas. Currently an 8-foot chain link fence is proposed for safety and intrusion reasons directly adjacent to the detention pond and sports ministry field . Fences in other areas shall be cedar split rail . Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 24 Aqua-Terr Systems, Inc. — 14 October 2009 10/19/2009 Lyn Morgan-Hill ( ) Y _ - BBBCC Mitigation Plan_14 October 09_FINAL.doc Page 26 10 . 0 Contingency & Adaptive Management Plan Should the mitigation site fail to meet the criteria of success, steps will be taken to identify the cause of failure and remedy the failure. If at any time during the monitoring period it is determined that failure has occurred , steps will be taken to correct the situation at that time . Whatcom County, Ecology, and the Corps will be consulted should mitigation fail to meet the performance standards. The appropriate agencies and a qualified biologist must approve contingency measures prior to implementing changes to the plan . The natural conversion of the emergent to scrub-shrub or scrub-shrub to forest of the created wetlands 5 to 10 years post- installation shall not be deemed failure. A dominance of native herbaceous plants may also be deemed success after consultation with the agencies. Failure of plantings may necessitate replanting . Once the reason for failure is determined and corrected , replanting would take place and monitoring would follow the same schedule as the first planting . Possible reasons for failure may include poor quality of the original stock, poor soil , insufficient watering , herbivory, improper installation , or competition by exotic plants. If poor soil quality is determined , then the area shall be fertilized . Fertilizer application shall be discussed and determined by a qualified landscaper or biologist, preferably by soil testing , to determine whether soil amendments are necessary or desirable. In the latter case the contingency plan would simply be to continue weeding and planting with native seeds or plants until the native vegetation becomes established . Failure of hydrological performance criteria may require deeper excavation of the mitigation area or manipulations with the outflow ditches on the northern edges of the mitigation sites (on and off-site). The concept of Adaptive Management shall be followed as discussed previously in this report. 11 .0 Implementation Schedule Mitigation construction will occur prior to the construction or concurrent with the construction of the development project. Mitigation planting will follow the schedule in Section 7 . 5 Planting Plan . A time schedule with completion dates may be required or specified as permit conditions. Delays in implementing the construction of the mitigation site may result in an increase in the mitigation required and enforcement actions. 12 .0 Financial Assurances The applicant shall demonstrate sufficient scientific expertise and capability to implement the mitigation , monitor the site , and make corrections if the project fails to meet projected goals. The Technical Administrator will require the applicant to post a mitigation surety in the amount of one hundred twenty-five ( 125) percent of the estimated cost of the uncompleted actions or the estimated cost of restoring the functions and values of the critical areas that are at risk, whichever is greater. Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 25 Aqua-Terr Systems, Inc. — 14 October 2009 .� a , (10/19%2009) Lyn Morgan-Hill BBBCC_Mitigation Plan 14 October 09_FINAL.doc Page 27 The surety shall be based on an itemized cost estimate of the mitigation activity including clearing and grading , plant materials , plant installation , irrigation , weed management, monitoring , and other costs (WCC 16. 16.260. D). The surety shall be in the form of an assignment of funds or other means approved by the Technical Administrator. The amount of the surety of funds shall be determined by the preparer of this report. Bonding may be reduced in increments as certain percentages of the mitigation have been completed . } { Wetland Mitigation Plan (revised ) Birch Bay Bible Community Church 26 Aqua-Terr Systems , Inc. — 14 October 2009 ( 10/19/2009) Lyn Morgan Hill BBBCC Mitigation Plan 14 October 09 FINAL _doc Page 28 13 .0 Works Referenced ATSI , June 2007, Birch Bay Bible Community Church , Wetland/Fish & Wildlife Reconnaissance & Delineation , Whatcom County, WA Drayton Archaeological Research , Garth Baldwin , Gill , M . , Neil , S. September 2008 . Archaeological Assessment of the Birch Bay Bible Community Church Project, Blaine, Whatcom County, WA Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1 , United States Army Engineer Waterways Experiment Station , Vicksburg, Mississippi . Goldin , Alan . 1992. Soil Survey of Whatcom County Area, Washington. USDA Soil Conservation Service, Washington State Department of Natural Resources, and Washington State University, Agriculture Research Center. Hruby, T. 2004. Washington State wetland rating system for western Washington - revised . Washington State Department of Ecology Publication # 04-06-025. Hruby, T. , T. Granger, K. Brunner, S. Cooke, K. Dublanica, R. Gersib, L. Reinelt, K. Richter, D . Sheldon , E . Teachout, A. Wald , and F. Weinmann . July 1999. Methods for Assessing Wetland Functions Volume 1 : Riverine and Depressional Wetlands in the Lowlands of Western Washington. Washington State Department of Ecology Publication #99-115. Kollmorgen Corporation . 1998 . Munsell soil color charts. Baltimore, Maryland . Reed , P. B. , Jr. 1988. National List of Plant Species that Occur in Wetlands: 1988 Northwest Biological Report 88 (26.9), United States Fish and Wildlife Service, St. Petersburg , Florida. Reed , P. B. , Jr. December 1993. 1993 Supplement to List of Plant Species that Occur in Wetlands: Northwest (Region 9). United States Fish and Wildlife Service, St. Petersburg , Florida. Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Soil Data Mart. [Online WWW]. Available URL: http://soildatamart.nres. usda.cov/County.aspx?State=WA [Accessed 24 June 2009] . Soil Survey Staff, Natural Resources Conservation Service, United States Department of Agriculture. Web Soil Survey. [Online WWW] Available URL: http://websoilsurvey.nres. usda .cov/ [Accessed 24 June 2009] . Stanley, S . 23 May 2008 Memo via email . United States Army Corps of Engineers. 2008. Interim Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region, ed . J . S . Wakeley, R. W. Lichvar, and C. V. Noble. ERDC/EL Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 27 Aqua-Terr Systems, Inc. — 14 October 2009 10/19/2009 Lyn Morgan-Hill BBBCC Miti ation Pl Page .._.: �.�-. . .. __. � Y. .._ . r._ _ _.. _ � .-. .. . . .r, _ . .. . ... F9 ..., ,. . _.,. ..an 14 October 09� FINAL doc _ Page 29 f TR-08-13. Vicksburg , MS: United States Army Engineer Research and Development Center. United States Fish and Wildlife Service. 19 February 2009. National Wetlands Inventory website. United States Department of the Interior, Fish and Wildlife Service, Washington , D. C. http://www.fws.gov/wetlands/ [Accessed 24 June 2009]. t Washington Natural Heritage Program . October 21 , 2007. Sections That Contain Natural Heritage Features Associated With Wetlands. Whatcom County. September 2005. Whatcom County Critical Areas Ordinance. Title ! 16-Chapter 16. 16. Whatcom County Planning and Development Services. Whatcom County. October 2005. Critical Areas Ordinance Update Maps 2005. http://www.co.whatcom .wa. us/pds/shorelines critical areas/cao maplist. isp [Accessed 3 July 2009] . Whatcom County. March 2007. Whatcom County Shoreline Management Program: Shorelines of the State. Whatcom County Planning and Development Services. http://www.co.whatcom .wa . us/pds/shorelines critical areas/smp maplist. isp [Accessed 3 July 2009] . Whatcom County. 4 February 2009 . Whatcom County-Title 20 Zoning Designations T40 & 41 N-R3W. http://www.co.whatcom.wa. us/pds/pdf/planning/qis/t20zon1 . pdf [Accessed 2 July 2009]. Washington Department of Ecology. March 1997. Washington State Wetlands Identification and Delineation Manual; Pub. No. 96-94. Washington Department of Fish and Wildlife. 2003. SalmonScape. http://wdfw.wa.gov/mapping/salmonscape/index.html [Accessed 7 July 2009]. Washington Department of Fish and Wildlife. 2008. Priority Habitat and Species List Olympia , Washington . 174 pp. 14. 0 Bibliography Cooke, S. S . (editor). 1997. A Field Guide to the Common Wetland Plants of Western Washington and Northwestern Oregon. Seattle Audubon Society, Washington Native Plant Society. Seattle, Washington . Cowardin , L. M. V. Carter, F. C. Golet, and E.T. LaRoe. 1979. Classification of Wetlands and Deepwater Habitats of the United States. Office of Biological Services, Fish and Wildlife Service, United States Department of the Interior. FWS/OBS-79/31 . Environmental Laboratory. 1987. Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1 , United States Army Engineer Waterways Experiment Station , Vicksburg , Mississippi . Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 28 i Aqua-Terr Systems, Inc. — 14 October 2009 x . , ( 10/19/2009) Lyn Morgan Hill - BBBCC Mitigation Plan 14 October 09_FINAL.doc Page 30 Federal Register. 15 January 2002. Part II . Final Notice of Issuance of Nationwide Permits; Notice. Franklin , J . F. and C.T. Dyrness. 1973. Natural Vegetation of Oregon and Washington . Oregon State University Press. Corvallis, Oregon . Granger, T. , T. Hruby, A. McMillan , D. Peters, D. Sheldon , S. Stanley, and E . Stockdale. April 2005. Wetlands in Washington State — Volume 2: Guidance for Protecting and Managing Wetlands. Washington State Department of Ecology. Publication #05-06-008. Olympia , Washington . Haeussler, S . , D. Coates, and J . Mather. 1990. Autecology of Common Plants in British Columbia: A Literature Review. FRDA Report 158. British Columbia . Ministry of Forestry and Canada - B.V. Forest Resource Development Agreement; Victoria , British Columbia . Hitchcock, C. L. and A. Cronquist. 1973. Flora of the Pacific Northwest. University of Washington Press. Seattle, Washington . Holling, C. S. (editor). 1978. Adaptive Environmental Assessment and Management John Wiley, New York. Hruby, T. , T. Granger, K. Brunner, S. Cooke, K. Dublanica , R. Gersib, L. Reinelt, K. Richter, D . Sheldon , E . Teachout, A. Wald, and F. Weinmann . July 1999. Methods for Assessing Wetland Functions Volume 1 : Riverine and Depressional Wetlands in the Lowlands of Western Washington . Washington State Department Ecology Publication #99-115. :. Keddy, P. A. 2000. Wetland Ecology: Principles and Conservation. New York: Cambridge University Press. Leonard W. P. , H .A. Brown , L. L.C. Jones, K. R. McAllister, and R. M . Storm . 1993. Amphibians of Washington and Oregon. Seattle Audubon Society. Seattle, Washington . Mitsch , W.J . and J . G . Gosselink. 2000. Wetlands, ad edition . John Wiley and Sons, New York. 920 pp. Peterson , R.T. 1990. A Field Guide to Western Birds. Peterson Field Guides. Houghton Mifflin Co. Boston , Massachusetts. Richardson , J . L. and M .J . Vepraskas (Editors). 2001 . Wetland Soils: Genesis, Hydrology, Landscapes, and Classification. Lewis Publishers, Boca Raton , Florida. Sheldon , D. , T. Hruby, P. Johnson , K. Harper, A. McMillan , T. Granger, S. Stanley, and E . Stockdale. March 2005. Wetlands in Washington State—Volume 1 : A Synthesis of the Science. Washington State Department of Ecology. Publication #05-06-006 . Olympia, Washington . Wetland Mitigation Plan (revised) Birch Bay Bible Community Church 29 Aqua-Terr Systems, Inc. — 14 October 2009 l: 1 (10/192009) Lyn Morgan Hill - BBBCC_Mitigation Plan_14 October 09_FINAL.doc Page 31 Stebbins, R.C. 1985. A Field Guide to Western Reptiles and Amphibians, 2nd edition . Houghton Mifflin Co. Boston , Massachusetts. Tiner, R. W. 1999 . Wetland Indicators, A Guide to Wetland Identification, Delineation, Classification, and Mapping. Lewis Publishers, Boca Raton , Florida. t United States Department of the Interior, Fish and Wildlife Service. 1977. National Wetlands Inventory Maps, Scale 1 :24,000. Office of Biological Services. 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IZ ;t .,.jy.:. •1,%. y r . r ka. ; >�>+:,.w 1`,1• } ,zfte lid 4^t 'iiJ4t' y dk . r � t xa r r _ \ ' . .5.y�' . •(k 1 =?1FV1 y �i ,b 5 i ' ;' tl i ,e \y. -� 4 4 r ,- xT{5' � i' y }- $�:✓ :s.-- ' ap,I bt < \ 4.4.jl�y- ,I ' ... t T;ffi'�', u, , YV tr " ' b. . 4 S '� r t �:iC 4 1K� l h Cr L, t ,- r / >` l pe4.:� r J Y .�0. b� 4,. ��'2: � \ .,:1i Fyl I , 4i' ,` . T-. .. � z r %tr 4 9 s *•'44 i iea ifiri d' -ik-Y t ' h` `, :, ,` w la I a f ±^� ray ® Approximate Church � . t'3§ . . _ e,IL.L Site Location Aerial Photograph - Birch Bay Bible Community Church 0 700 1 ,400' — — Approximate Mitigation Proposed Church & Mitigation Sites, Bay Rd. - Whatcom County Site Location T4ON R1 E S32 #033 039 & #083 040 AERIAL PHOTOGRAPH 4—Flow Path REF. No. NVVS-2008-74-NO NOTE: This figure contains informatio Revised : 20 July 2008 IN: SEC. 32, TWP. 40N ., RGE. 1 E , WM obtained from 21 July 1998 NRCS GIS WHATCOIVI COUNTY WASHINGTON information. It is not intended to Sheet 2 of _ SHEET: 2 OF constitute a legal survey. N —! ' __ _ __ _ __ _ ___ _ b W W W W W W W W W W W / 111171171 I I W_ WETLAND D W W W WETLAND D WETLAND E WETLAND H 0 5o' 100' I Cat III Wetland Cat III Wetland / 3, 980 SF PROJECT AREA BOUNDARY I tU� 7, 242 SF W W W 8 365 SF / 3,670 SF sj Tr ! W W W W w W , S 8'15 " �' Pr; W ' 11 "E , 7:g�' ' -r _ 11 E •00U i W W i_ W _ � >c— a �. W Wf W W / / / / // ' ! "`1.11 G ✓' \ , i2: I 0. 0' [-t.fl 0 - . /s � '�•/ / 'r/ '' - SL ?.'r� SL 3el • . r W • - I WETL AND G �: 1 / J 8, 100 S F / - I \ r WETLA ND F•Z \ t / - / / 9 � / �6 - / 1 ■ .. n * W d N * * * � * �) - / 6 , 890 SF is (� 7 b ` a° �, }, :. _ _sa ��_�5j" — — BJRCW' 3'�j 'Y BIBLE t , W W II , I ; I c:, , 0° 1 N \41 - • _ _ -'— �2 - C9MMU,P4iTY CHpRCH o �� y 6 — �I ? - - I��t r; r�L ? z • F - -f 8. 964 ACRES' /' r �; It BERM �/ ,Jr 10., I �� 3,l r° i - / - .-- -4001-3-2-103/3039 0000 //' r '9o_ _ _ t i I °¢ o �' /� c , —� r 7 Birch Bay Bible Community Church r 0 I a \ `j ,`I %'� '/// '/ . QO- , S1_� 8 " � `� _ � �� ' � �`. ,'/ �\- ' � 07 ' - r i ' Site Area: 390,404 SF (8.96 AC) i z I z \ t i at ,I V Wetland) - / \� Iv "" _ - ` 4p� - , ' A1/ /'/ i , Existing Wetlands: 55,556 SF (1 .28 AC)1 ' x355 SF/ t— r \\ ' ET .AN(T / a/ , ' - -- r / /'j c, WL-A: 1 ,300 SF a N. # /' r _^1g1 `' - - -- 1-9- 9(2) Cate� gorydV. , - ' _ ` � 40 ea. ._ WL-B: 3,355 SF i m I \ ': ii /' /r ) W • W W W W \ Wr.�tFohd �' I g ' - r - - I I , _ ._ -/ � .. - -- -- -10& > > - W W . 3.e,2A4 / �J �� - 0„ J -, WL—C: 35 294 SF „ I - WL-D: 15,607 SF (on-site ptn. only) I • •- ---. ,4 A Pollock I .; - , / 102 . - �� N /I /�i X4. 79 ACRES - - --1..-�f.a. 49 - - .. ' / - ' 400132 083040 0000 (6. 79 AC) . I \ .;; Site Area: 295 989 SF 6. 79 AC € • ' ' - _ - -?= 17LQO - - \ `� * W 7' /{'W ' / _ / Existing Wetlands: 23,009 SF (0.53 AC) }' i D= 9017_' 50" - '10-� - /.- __ -_________108 FENCE: :; ;1 ` t -- -- - - - - - - - - - - - - - ' r „ ' � Q . / f- lri f olo� WL-E: 3,670 SF 4 t I �q” \ _ - - - - - - -- /lc - ' / / !I .-- .'\ I WL-F: 6,890 SF••:: 1 �WETLAt�D - - - •w 10 - , , 11[ /_1\ r ` '— EXISTING WL-G: 8 , 100 SF (on-site ptn . only) ,' / / „1 11 j '' POLLOCK t ' I \ " Cilit. iv wetland._ _ - ` - - 10 / , r .1 WL-H: 3,980 SF J .. -/ 1 /380 SF i x / / I,/ \� RESIDENCE I 12 \ o� I M / / /' 1 '� 31 /�32= �� •�� '•:', i / 403 / / - , / / / � 413. 71 ' - _ - _'_ : *. .J�; z_ : � . - .�-f., >_ &v. ; c / ._ �� ... ..• v Existing Wetlands: 78,565 SF (1 .80 AC) 6 BAY ROAD (COUNTY ROAD No. 42 51683 �> - --=•---�_ _ - - .- _._. _ T . g, Wetland Portions Extending Off-site � . . _ . . _ . . _ . . _ . . , . . — . . � — . . S 88'1511 E 1018. 28 ` — . . �1� ___--- -- - � i I I r . PROJECT: PROPOSED WETLAND FILL REF , NO, NWS-2008 74-N® APPLICANT: BIRCH BAY BIBLE COMMUNITY CHURCH IN : SEC . 32 , TWP , 40N . , RGE . 1E , WM ? PROPOSAL : CONSTRUCTION OF CHURCH FACILITIES AT: WHATCOM , WASHINGTON i DATE : REVISED - 20 JULY 2009 SHEET: 3 OF 1, S I I a 1 WETLAND D WETLAND E WETLAND H Cat III Wetland WETLAND D 3, 670 SF 3, 980 SF V — _ ® ------0"..-C 11 7, 242 SF Wetland Cat III et 8 365 SF ETLAND G ell?�I 1 8, 100 SF 111 J au : n rat i nG:z4Yauiw !(` ► named t ., ,. . ;-t/1 6 , 890 SF F h olmwater Detention • S ��01—4 10 y • x . . Sports Minist , Field co�o 1 • evation 99 96 '+� 1 t Y� ,i.. C . J • b o ` •• • • ' ' IV 406 SF Fill �P ' ' a Phase I Proposed ImPacis @ iBr ;Birch Bay Bible Community Church: CO h' I Phase I Fire • . ss Ro W L-A: 1 ,300 SF E Split-Rail Fence `^ / r ' I �,�,� �..� .� �N J:°.,,...� : i ;-y . _ _ <_ , a � --� / WL-B: 3,355 SF " ( '. m . WL-C: 3,690 SF �� arl �N y , WL-D: 00 SF _I" -�"' eJ / ' Existing Wetlands: 55,556 SF (1 .28 AC) I ; ,,. l\• ; ✓ J ; Impacts Phase 1: 8,345 SF (0.19 AC) 'II Of/ 1 L ♦ s 1"! �A Remaining Wetlands: 47,211 SF (1 .08 AC) a LO i , - � _ �\ «�'�a � a Phase I Impacted Wetlands • 8,345 SF (0.19 AC) 1 ®1C.A,® �- ��"� Remaining Wetlands t ! 6•7ti a .ass . 1 47,211 SF (1 .08 AC)•. 4•4"-- "e ap ill f - i °' _ U : : ... .;.. .r. k _ •�� NIg Cr ` . „ „ n• Chain Link Fence• 35.'294SF' . �'' iliS � Birch Bay Bible Community Church I Pollock: �^ WL-E: 3,670 SF ` _ ����•• 'H... / July 13, 2009 WL-c: a,1oo sF \ Wetlam Phase • . • ∎eis. WL-H : 3,980 SF �, I iicla °° PWFArchltecture `. ,' � r Seattle, Washington Existing Wetlands: 23,009 SF (0.53 AC) N Lnd A Se 11. ��,,, m rn I PHI Impacts: 00 SF �,` :. , Bmo , L` o so' mo Remaining Wetlands: 23,009 SF (0.53 AC) \dmary Sign � �� 4'p� s.yi�, ice. Remaining Wetlands I :� ;� 'per \ i, NI � 23009SF (053AC)• • ' I N ,•Power No,3tomuore : ay �—- ---- ._a--�p�." i 5 a t } La, • PROJECT: WETLAND FILL REF . No . NWS-2008-74-NO APPLICANT: BIRCH BAY BIBLE COMMUNITY CHURCH IN : SEC . 32 , TWP . 40N . , RGE . 1E, WM ' PROPOSAL : CONSTRUCTION OF CHURCH FACILITIES AT : WHATCOM , WASHINGTON DATE : REVISED - 20 JULY 2009 SHEET: 4 OF ) 1 I 1 WETLAND D WETLAND D Cat III Wetland WETLAND E WETLAND H Cat III Wetland 8, 365 SF 8, 3, 670 SF 3, 980 SF y B 7, 242 SF C•itI' �•� '-• co,,.. / �• ' . a I �r ETLAND G k 8, 100 SF 'a n to - enc : o s / -�� ,IjFOI1 0-is ' .c��ae�� I WETLAND F i C R~. Ind I I ( 6 , 890 SF. rer Detente 1 1 r d ' - rr orts Min Field� roposed Impacts !� r • � 406 SF � p . Birch Bay Bible 00 SF ommunity Church: CC 1 ��1 1n'. ro ' • etland Fill CU ' WL-B: 3,355 SF CO s Ph e I Fire s Re- : f WL-C: 22,819 SF �'� - - hl-RaIIF ,r (` ' rT "„r,,, :i�� WL-D: 00 SF + y ,W Existing Wetlands: 55,556 SF (1 .28 AC) �� ' ! • �I �� �8 ' Impacts Phase II : 22,819 SF (0.52 AC)•Co t' 1 Am; -a . -Y�-X Impacts Phase I . 8,345 SF (0, 19 AC) . •N[ �4 Total Impacts: 31 ,164 SF (0.72 AC) 's a, \_ Remaining Wetlands: 24,392 SF (0.56 AC) A : t pfd* t — Phase I Impacted on-site Wetlands 1., r r V . i I ,, .:.:: 8,345 SF (0.19 AC) r , U• � Phase II Impacted on-site Wetlands •:0'`•.: ms4 r m --� . 22,819 SF (0.52 AC) ir if!. ! fl :: • ••'R. , i nR ° } Remaining on-site Wetlands n �"�'ix . F . b r ��` j halo ink Fence• ._.. 7 1-2 -d ' r ' its—I a /, m I� 24,392 SF (0.56) ,,, .v�r .� .� f i - %I Birch Bay Bible Community Church � sr ,, �� . t etla 9A• • • , my 13 2009 J Pol lock: A �►. ,�� `I� �• 2 s 9 SF = PWF Architecture t 7 ASP_ ,�!t 1 Seattle, Washington wL-E: 3s7o SF y`< E WL-F: 6,890 SF e ♦ ► I WL-G: 8,100 SF i C t �`. ,b �rrY. J . ' ., _ WL-H: 3,980 SF tril) '�f "� . co t Existing Wetlands: 23,009 SF (0.53 AC) t\ " ` • g i Impacts Phase II: 00 SF 4::::::: ::::: 1 �� �' �; $ 'Impacts Wetlands: 23,009 SF (0.53 AC) `� ,� IIp +[,`,R "°� Remaining off-site Wetlands /11�� 1!■ !—" • •' �� ♦ o N' . . �� :E 23,009 SF (0.53 AC) iIL.. . v 1 a._.�_ a --'� , . _ . ... . n , Power Pd.,3 !scathe : ay i f --�-�'' P _� � +• F i �+ , �a "� I B rtt�CjV 221(1 A f i. I t ' t PROJECT: WETLAND FILL REF . No. NWS-2008-74-NO APPLICANT: BIRCH BAY BIBLE COMMUNITY CHURCH IN : SEC . 32 , TWP • 40N . , RGE . 1 E , WM y PROPOSAL : CONSTRUCTION OF CHURCH FACILITIES AT: WHATCOM , WASHINGTON i DATE : REVISED - 20 JULY 2009 SHEET: 5 OF IA WETLAND D WETLAND E WETLAND H Cat III Wetland WETLAND D 3 , 670 SF 3, 980 SF 7 , 242 SF Cat III Wetland ';jam dr 4,4i•g'• ;.2 . SF , - A ♦ _,•�� 1 1 4.4.• ♦ ♦ 4 ♦ ! ♦ ♦ . I . ` • • 4+1.•••••• ♦ ♦ ♦ + • 'i /10s .�I . J♦ • •J•, ;�y♦ !:♦ ♦ rw •, ra •. � a ,s' ' • • a ♦ a ♦ • • // _ . •'••, Aw.+ .I i. • ♦ ♦ m • O♦aL♦•i♦ ♦♦�i i ems•• • ♦ ,•♦ ♦♦e ~i • de • r= ��. a • w ♦.♦ a • • • • • • • • • • a _ �.�•♦ii•:, • ♦ ♦Qo4, i♦a > **Y. . v • • • • w • •w ♦ % i;•; s • i� • • • . . . . . . i� �% �I ,r;.,.,♦,.,.,.i .�.+ �: 111 °,•t . G 44 ;:tD; F•1. g � . ... . :; . a ♦ ♦ e . •r♦ r tj� ' ormwater Detention . . e • a � .,. 4* y-o � 1 y. p. x . . � - r• Sports Minist , Field � ; , �� o �, •- evation 99'-96' ��`:ra,� '�� „ ��� �I \ �j j/ C j la—l_,_ 1 'n - '° . umw�C•� I 406 3E ill .; � • 'Ald# '03 �P;��I I!i ' 700' Ihenced : "er /m If} ss Phase I Fite Ro: ,a / i 7��t a RallFe . ' ;� d r/ �.�� .� J`�:.. ,.�. _ 7 � SDI .Rei(Feoce `�3 f\ 1 r :4 EV IA ;' ‘ ”W I 1 . tal elp_„ .■• •• :" i t‘ � 1 t . -'• .. S L� 1.11/1411.4 i4III r { > ;� . �r �;� 100 —•-••Vi '� PI Chain 'nk Fence Roposed Mitigation d '1' � � %... - „ ,` • ' _ Birch B ay Bible Coçjjrch nity � T .v etla •• ,,►or !r } �I Birch Bay Bible Community Church p��� °••,• , . y •.,� }' ' # •• • Wetland r° s _M _, ° yip; • 2 . . 9 SF PWF Architecture o' _ } � 0,7-1---/ Seattle, Washington 9 Buffer Enhancement � ;;. : .. . ;, _ 32,442 SF (0. 74 AC) .1 � iii se" Phase IPeAd : O, ' etlan • - `, '� ,� �` F ' r . y I .. Po al k ,,. /�� 1O iii Wetland Creation �m I 45,575 SF (1 .05 AC) < : �� " .,� z 42 709, a Wetland Rehabilitation•• ::;:> >f ` "�' of so' /OW 23, 009 SF (0. 53 AC) ��� / �` Buffer 554 3F(1 31 AC e ; WIPP A r, I , b ,• R . ‘ii r 14.4 PGArPale,3Wain av Road - - "j . W . . . z • • . • J • W • 110 z EXISTING W D. . . GROUND 0 110 I- WETLAND B WETLAND C • w o c‘ . • a w . 0 a. LOOR Et . BUILDING --- 'FINISHED F = 102. 0' - r a - -- -- T . --100 . . 100 PARKING PARKING v FENCED SIDEWALK ' PLAY AREA $WALE - SWAL • SIDEWALK • • 0 • . Q . . . . 90 2 . •.. .• • • 90 z SECTION A - A' . Q P HORIZONTAL SCALE: 1 "= 100 FEET • CO VERTICAL SCALE: 1 "= 10 FEET • U 80 ++ 00 1 + 00 I +I00 2 + 00 3 + 00 4+ 00 5 +I00 6 + 00 7 + 00 SECTION A - A' PROJECT: WETLAND FILL REF. No. NWS-2008-74-NO APPLICANT: BIRCH BAY BIBLE COMMUNITY CHURCH IN : SEC . 32, TWP . 40N . , RGE . 1E, WM PROPOSAL: CONSTRUCTION OF CHURCH FACILITIES AT: WHATCOM , WASHINGTON DATE: MAY, 2008 REVISED : JULY, 2009 SHEET: 7 OF t - • • • N • 110 110 WETLAND A EXISTING •• I GROUND WETLAND B • • BUILDING . ( _ _: __ , PHASE 1 WETLAND D : I. FINISHED FLOOR= 102.0' BUFFER 100 w PARKING • Z SWALE PARKING • • _ . ` PARKING . ' a . 1 00 DRIVE - 6'. WIDE J . SWALE SIDEWALK RM I- d . . DRIVE > A •W LW• O • . . ' a 90 a - ° _ a 90• • . • • EL=90' • NI ,. • . POND - J • SECTION B - B ' • 1 " HORIZONTAL SCALE: 1 "= 100 FEET • . VERTICAL . SCALE: 1 "= 10 FEET . . • 80 a° •80• r . . . < • m 70 I I I I I I I 70 0 + 00 1 + 00 2 + 00 3 + 00 4+ 00 5 + 00 6 + 00 7 + 00 8 + 00 SECTION B - B' PROJECT: WETLAND FILL REF . No. NWS-2008-74-NO APPLICANT: BIRCH BAY BIBLE COMMUNITY CHURCH IN : SEC . 32 , TWP . 40N . , RGE. 1E, WM PROPOSAL: CONSTRUCTION OF CHURCH FACILITIES AT: WHATCOM , WASHINGTON SHEET: 8 OF 'it DATE : MAY, 2008 REVISED : JULY, 2009 • • • ENTRANCE EXISTING • • • DRIVE GROUND • 110 \SIDEWALK 110 • WETLAND C WETLAND D — _ . ., BUILDING CORNER • z FINISHED FLOOR=102. 0' • FENCE FENCE w 1 OO } PARKING � --- • . FENCE : Z ACCESS INC J 100 CC SWALE & AC - SPORTS MINISTRY FIELD SIDEWALK '. - \ . \ w o a a CC EX. SWALE Ct • RETAINING a • 90 WALL �' 90 SECTIONC - C ' . • HORIZONTAL •SCALE: 1 "=100 • FEET • • VERTICAL SCALE: 1 "=10 FEET • 80 ¢ 80 o - • • • - • • a . . . • • • >- • Q . . •. . m • J . 70 I I I I I I I 70 0 + 00 1 + 00 2 + 00 3 + 00 4+ 00 5 + 00 6 + 00 7 + 00 8 + 00 SECTION C - C' PROJECT: WETLAND FILL REF . No. NWS-2008-74-NO APPLICANT: BIRCH BAY BIBLE COMMUNITY CHURCH IN : SEC . 32, TWP . 40N . , RGE . 1E, WM PROPOSAL: CONSTRUCTION OF CHURCH FACILITIES AT: WHATCOM, WASHINGTON DATE : MAY, 2008 REVISED : JULY, 2009 SHEET: 9 OF II BIRCH BAY BIBLE COMMUNITY CHURCH (BBBCC) POLLOCK TOTAL PROJECT DATA SITE AREA 390,404 SQ. FT. (8.96 ACRES) SITE AREA 295,989 SQ. FT. (6.79 ACRES) SITE AREA BBBCC: 390,404 SQ.FT. (8.96 ACRES) EXISTING WETLANDS EXISTING WETLANDS POLLOCK: 295,989 SQ.FT. (6.79 ACRES) WETLAND A 1 ,300 SQ. FT. WETLAND E 3,670 SQ. FT. TOTAL: 686,393 SQ.FT. (15.76 ACRES) WETLAND B 3,355 SQ. FT. WETLAND F 6,890 SQ. FT. WETLAND C 35,294 SQ. FT. WETLAND G 8, 100 SQ. FT. EXISTING WETLANDS WETLAND D 15,607 SQ. FT. WETLAND H 3,980 SQ. FT. BBBCC: 55,556 SQ.FT. (1 .28 ACRES) TOTAL 55,556 SQ. FT. (1 .28 ACRES) TOTAL 23,009 SQ. FT. (0.53 ACRES) POLLOCK: 23,009 SQ.FT. (0.53 ACRES) TOTAL: 78,565 SQ.FT. (1 .80 ACRES) WETLAND FILL WETLAND CREATION : 45575 SQ.FT. (1 .05 ACRES) WETLAND A 1 ,300 SQ. FT. WETLAND REHABILITATION: 23,009 SQ. FT. (0.53 ACRES) WETLAND B 3,355 SQ. FT. BUFFER ENHANCEMENT: 56,954 SQ.FT. (1 .31 ACRES) WETLAND FILL WETLAND C 26,509 SQ. FT. BBBCC: 31 , 164 SQ.FT. (0.72 ACRES) TOTAL FILL 31 , 164 SQ. FT. (0.72 ACRES) POLLOCK: - SQ.FT. (0.00 ACRES) TOTAL: 31 , 164 SQ.FT. (0.72 ACRES) REMAINING WETLAND: 24,392 SQ.FT. (0.56 ACRES) REMAINING WETLANDS WETLAND CREATION: 00 SQ.FT. BBBCC: 24,392 SQ. FT. (0.56 ACRES) WETLAND REHABILITATION: 15,607 SQ.FT. (0.36 ACRES) POLLOCK: 23,009 SQ. FT. (0.53 ACRES) BUFFER ENHANCEMENT: 32,442 SQ.FT. (0.74 ACRES) TOTAL: 47,401 SQ.FT. (1 .09 ACRES) WETLAND CREATION BBBCC: 00 SQ.FT. POLLOCK: 45,575 SQ.FT. (1 .05 ACRES) TOTAL: 45,575 SQ.FT. (1 .05 ACRES) WETLAND REHABILITATION BBBCC: 15,607 SQ.FT. (0.36 ACRES) POLLOCK: 23,000 SQ.FT. (0.53 ACRES) TOTAL: 38,616 SQ.FT. (0.89 ACRES) BUFFER ENHANCEMENT BBBCC: 32,442 SQ. FT. (0.74 ACRES) POLLOCK: 56,954 SQ.FT. (1 .31 ACRES) TOTAL: 89,396 SQ.FT. (2.05 ACRES) WETLAND DATA SUMMARY PROJECT: WETLAND FILL REF . No. NWS-2008-74-NO APPLICANT: BIRCH BAY BIBLE COMMUNITY CHURCH IN : SEC . 32 , TWP . 40N . , RGE. 1E, WM PROPOSAL : CONSTRUCTION OF CHURCH FACILITIES AT: WHATCOM , WASHINGTON DATE : REVISED - 20 JULY 2009 SHEET: 10 OF It Key Planting Location Example * Conifers Uplands Wetland Wetlands (up!) Buffers 0 Broadleaved Trees (wb) Shrubs Vegetation Layer Location Quantity Size 0 . 0 0 0 Trees (428) at 10 ft. on center Silica spruce (Picea sitchensis) wb 48 24" ` western crabapple (Malus foetus) wb 48 1 � gp Large Woody Debris Typical Planting Detail bitter cherry (Prunus emar lnata) upl 66 24• Off-site Mitigation Area paper birch (Betuta papyrifera) upl 66 24" g Douglas fir (Pseudotsuga menztesil) upl 66 24" �-I Snag Adjacent to Fence Western redcedar (Thuja plicate) upl 24" "' 111 Grand fir (Ables Brands) upl 66 24" :1:44c_ e,: • '• ° ° Shrubs (3,504) at 5 ft. on center -A-s- Split Rail Fence (SRF) ••,• • •o hooker willow (Salix hookerlana) w 674 rc 0 0 Pacific willow (Salix laciandra) w 674 rc • NGPA Sign ••••� • • Q Scouter willow (Salix scouleriana) wb 192 1 gp ••• • -_ • • . ••• o black hawthorns (Crataegus douglasii) wb 192 24" NGPA Signage ••.• , , 0 ° ° g ° cascara (Rhamnus purshiana) upl 330 1 gp• • along Fencel ; • . ° 0 goo red osier dogwood (Comus stolonifera) w 674 1 gp IL:, (if 00 Pacific ninebark (Physocarpus capfiatus) wb 192 1 9P :flit ° 0 salmonberry (Rubes spectabills) wb 192 1 gp • .•;: • • s o twfnberry (Lonicera irnducrata) wb 192 1 gp Typical Planting Detail • • o og°°• red elderberry (Sambucus racemosa) wb 192 1 gp °� osoberry (Oemleria cerasifonnis) upi 330 1 gp •PSSC Wetlands snowberry (Symphoricarpos albus) upl 330 1 gp Created $ Rehabilitated Wetly vine maple (Ater dreinatum) upl 330 1 gp Stickery Butler Areas Labrador tea (Ledum groerdandlcurn) w 10 1 gp Hedgerow a9D •• 0 Emerpents (67,354) at 6In. on center 6 ..; , ;,• • a • 0°8 Conifers ---- slough sedge (Carex obnupta) w 9,622 br/s o ® • • •• 0,10 small fruited bulrush (Scirpus microcarpus) w 9,622 br/s o • • o o O° hard-stem bulrush (Scirpus acutus) w 9,622 br/s . • . 8 80 �0 00000 0 °o soft rush (Juncus effusus) w 9,622 br/s • 0 ° ° 000 0 0 0 E0 dagger-leaf rush (Juncus ensifollus) w 9,622 brls 0 0 0• o 0 $ o •• o tall mannagrass (Glycerla elate) w 9,622 br/s .. o 0 &:. $off$ o •,: spike-rush (Eleochads palustris) w 9,622 br/s 0 ° 0 0 % •o ° 0 Large Woody Debris (LWD) 4 o OB 0 •• 0 Snags 2 • $0�°O br=bare root, 1gp=1 gallon potor equivalent, o • • rc=rooted cuts, n/a=not applicable, br/s=bare root or seeded PROPOSED PIANTING DETAILS PROJECT: WETLAND FILL REF . NO . NWS-2008-74-NO APPLICANT: BIRCH BAY BIBLE COMMUNITY CHURCH IN: SEC . 32, TWP .40N . , RGE. 1E, WM PROPOSAL: CONSTRUCTION OF CHURCH FACILITIES AT: WHATCOM, WASHINGTON DATE : REVISED 14 OCTOBER 2009 SHEET: 11 OF J EXHIBIT "'F" C 111161 I . Ikei WETLAND D WETLAND E WETLAND H Ca le- Cot III Wetland WETLAND D 3, 670 SF 3,980 SF x 7, 242 SF Cat III Wetland - 8 365 SF --• _ n �.+� N . . O . / 08 V I�1�Iq I ' . %a 1 ETLAND / •/ I` rte. 0 .�` 8, 100 SF • '1 Bu ' : �s�-� ` • . n In enc = e ' , cz�t.3a"�-�i1 WETLAND F t (-- t r lie i I r- .. lh: �` 6890 SF m Ii:' ormwater Dete • e • V� " 1 r x . e - poinist , Field __o - evation 991-96' It � ^"'" '"' etland Fill Phase I Proposed Impacts cu 4 , C - • 1 i• . .' Am ' • . , • 406 SF ��,0 s Birch Bay Bible Community Church: CO l : Phase I Fire • .=ss Ro ' YY WL-A: 1 ,300 SF 1, Split-Rail Fence v�n¢•.mmq _ WL-B: 3,355 SF a • (__. '. wo WL-C: 3,690 SF m 1 ; a ��� a -te x WL-D: 00 SF \1 / a 1_ 'vFYt 1 19 . AC) .. / I Existing Wetlands: 55,556 SF (1 .28 AC ' 1?,.5' 4 •;•� `° ` Impacts Phase I: 8,345 SF 0.19 AC 11 �g / Remalning Wetlands: 47 211 SF (1 ,08 AC) ;1, ' Yidf } i 1 ^ } tilt - f� ' a `ar\t`5:*, < 'QyV 4'7 II �iy. -:A •C� e i rt'ki ��'W -- P ♦,� d��w - Phase I Impacted Wetlands ., v o E ,, ,•,-.-.` -. 1. „r/ 8,345 SF (0.19 AC) J-,, }` 5 4; L`i -, OLH40 U" +a/ Remaining Wetlands � z ;mil ��. .1(c � e a ill 8- ♦ e•� R� S 47,211 SF (1 .OSAC) •y I F!r 7 °:. ., ..,�\ 1,820 n • J�-ra 1 Chain. ink Fen . O - � ` ° / •.♦ � � § Birch Bay Bible Community Church Pollock:4. /�� c WL- : 3,670 SF �% 2 '1 * 1 :`>S: :: :` ? I i WL-F: 6,890 SF . July 13, 2009 WL-G: 8,100 SF € 10 Wetian .ail Mute l Perq Plisse Parting ♦ 1,f1 —� m I .. �' [f� C ,1 PWF Architecture WL-H: 3,980 SF �• ,/ + °r r � t i Seattle, Washington Existing Wetlands: 23,009 SF (0.53 AC) �V LndA .�, . 4,1,.. .111 ll- . \ s '.♦ a •„ AS 1p o, PH I Impacts: 00 SF `. / :11 F :. +.. .' °o♦ R°mp a I g 0 50' loo' Remaining Wetlands: 23,009 SF (0.53 AC)j 4 ...:. ::. r\marySign .; : ^ +fi r• .♦♦ • tb /0dr� �- � Remaining Wetlands ---� JJJJ 23,009 SF (0.53 AC)• PROPTSED SITE PLAN -�3.._ _— - , - i PmePde3astii. : ay ffoer " — ________•/- . _ PHASE I PROJECT: WETLAND FILL CORPS REF . No. NWS-2008-74-NO APPLICANT: BIRCH BAY BIBLE COMMUNITY CHURCH IN : SEC . 32 , TWP . 40N . , RGE . 1E, WM PROPOSAL : CONSTRUCTION OF CHURCH FACILITIES AT: WHATCOM , WASHINGTON DATE : REVISED - 28 JULY 2009 EXHIBIT F EXHIBIT "G" (a;,l o o r, .. gma WETLAND D WETLAND D WETLAND E WETLAND H Cat III Wetland J. Cat III Wetland 3, 670 SF 3, 980 SF Att • 7, 242 SF 8, 365 SF w • ci B C • •• I i •'e • • • w • eee • • •• Di Eia 's >>�• /�/ ETLAND G � � c I . . 8, 100 SF cr "e an in enc - . o • : I �� •\I:r :ice �� �i j(' C ► ramSi I ; WETLAND F � ' iir I � 6 , 890 SF ' ormw . er Detention 'e ► ID ' I'! i 1 t • y4I x 1 - ra . parts Minist : Field CU f ' 991-96 —"�/ Phase II Proposed Impacts 0 1' ea evati• t ' " " 0 ' eland Fill • ' Birch Bay Bible Community Church: C \1`' ,J C •n4 ' ns- Aro . • • . 1 406 SF V WL-A: 1 ,300 SF \I�`. 107 II •has: I • ..as Ph...e I Fire ss Rok SF i hlnallF ,' WL-C' 22,819 q� • +•y . . Ii�W•�.. e ..-v �-=M ._ WL-D: 00 SF Io • = � +i ` " ( " ^° Existing Wetlands: 55,556 SF (1 .28 AC) \ t _ w U r • h �. Impacts Phase I I: 22,819 SF 0.52 AC /1 Imp ( ) //�q Impacts Phase I: 8,345 SF (0.19 AC) Ilt'. ' ' F l,x .y'n'.etr . ;���' Y 4 __ ,. _ _7 !Mt IC f � { f s •, 1 /J µ �P,• Total Impacts: 31,164 SF (012 �� f{' 4.14 '1 ° ,,t li. :ztlt''' a � ` i <„ ;"r 4, �g / Remaining Wetlands: 24,392 SF (0,56 AC) �kta`L� 0� , ,1 r , to".e 4- \.se 't> y x kc y, t A t a � L e r r `� *x A F> xy � \, # � 11::*: _ telf. yy 72“ ' s a . f Phase I Impacted on-site Wetlands Fe'. s„�i, ` v.�s?L ` " c �,? a , a,, "mY4�J' , 1 a 4 " «V . NA ®�,j, „ _/1 .—la ' 8,345 SF (0.19 AC) 5,. I` ^rn ` ' any '`" V* "``t `' s 7`Q} o i � ,* �•,." s ey � 1 V ';r Phase II Impacted on-site Wetlands ,, ! t°'tt 4.7/110.'r yk,� tit " : a " 2C w i s 1 8.7 R£S f p ' ., .,, ,n s °' Ira 22 819 SF (0,52 AC) . .M4v ,I a • `'t 4 Ai�v i< ��..'. 2. x�b m `c F '`� ` ' + tr..' �:f�l f '. I ♦S•• •• ♦ R ' hal • Ink Fen • Remaining on-site Wetlands ■ I ' ,� r�JF 4 wK•45 � � � t } a ;..: w • m a'liii . II CB 1� 2 , 2 S 9 t ' 4 39 F (0.56) i't�.. .. .. ' ^ 7I +`♦ e ` 7 ih'as ll � : cd1+1/: • Birch Bay BibCommunity Church 1 ' , . �4 : :. .: : . V etla ,.r II 1 1 a, • ! 1 •f . s 9 SF o ' PWF Architecture Pollock: A' U- Seattle Washington WL-El t• . • r o Seattle, WL-F: 6,890 SF � 1� /Phase •e • Phase IPaM • •♦♦• y ! 1 - , WL-G: 8,100 SF b A` , r ' I . . . *w .''k " ' � A LL . 11:/ WL-H: 3,980 SF IL ` ; , �` • .y s s . . �. 4 ♦ 1 -__ k •' ,w • -•/ Existing Wetlands: 23,009 SF (0.53 AC) Impacts Phase II 00 SF• �� ® - « r ++,� s'ro7 Remaining Wetlands: 23,009 SF (0.53 AC) • w>o-lu s -�. ♦ �. ` • o.- WO. Remaining off-site Wetlands 9 4!�� _.. 4'1 ,4, - , •4/,.__ , , _. _- A vj 23,009 SF (0.53 AC) IB _.-16-:117: Paver Pda,3 LOraooa{ : ay - pa • — _--•_ -- .. F PHASE H PROJECT: WETLAND FILL CORPS REF. No. NWS-2008-74-NO ' APPLICANT: BIRCH BAY BIBLE COMMUNITY CHURCH IN : SEC . 32 , TWP . 40N . , RGE . 1E , WM - PROPOSAL : CONSTRUCTION OF CHURCH FACILITIES AT: WHATCOM , WASHINGTON ; DATE : REVISED - 28 JULY 2009 EXHIBIT G WHATCOM COUNTY HEARING EXAMINER RE : Zoning Conditional Use Permit ) CUP2007-0003 Application for ) and Associated Development Agreement ) ) FINDINGS OF FACT, Birch Bay Bible Community Church ) CONCLUSIONS OF LAW, ) DECISION ON CUP2007-0003 AND ) RECOMMENDATION TO THE ) WHATCOM COUNTY COUNCIL ON ) DEVELOPMENT AGREEMENT SUMMARY OF APPLICATION, DECISION, AND RECOMMENDATION Application: The Applicant is requesting a Zoning Conditional Use Permit and approval of an associated Development Agreement to allow construction of a religious facility in two phases. Decision : The Whatcom County Hearing Examiner approves CUP2007-0003 , subject to conditions. Recommendation: The Hearing Examiner recommends that the Whatcom County Council approve the associated Development Agreement prepared by Birch Bay Bible Community Church and Whatcom County Planning and Development Services, in consultation with the Washington State Department of Ecology and the U. S . Army Corps of Engineers. FINDINGS OF FACT INTRODUCTION The following Findings of Fact and Conclusions of Law are based upon consideration of the exhibits admitted and evidence presented at the public hearing. I. Applicant: Birch Bay Bible Community Church Property Address : The property is located at the northeast corner of the intersection of Birch Bay Road and Blaine Road. 1 Legal Description: Located within the SW % of the SW 'A of Sec32, T4ON, R1E, W. M. Assessor' s Parcel Number: 400132 033039 Zone: R10A, Rural- 1 Unit/ 10 Acres Subarea: Birch Bay Blaine - .--- - - -- Comprehensive Plan: Rural SEPA Review: A Determination of Non-significance, issued December 23 , 2008 A SEPA Addendum distributed October 7, 2009 pursuant to the procedures set forth in the Department of Ecology SEPA Handbook and WAC 197- 11 - 600(4)(c) and 625 . Fire District: No. 21 School District: Blaine School District No. 503 Water District: Birch Bay Water & Sewer Sewage Disposal : On Site Sewage System AUTHORIZING ORDINANCES AND POLICY: Whatcom County Comprehensive Land Use Plan Whatcom County Code Chapter 15, Building Code State Environmental Policy Act (SEPA) . Washington Administrative Code Chapter 197- 11 Whatcom County Code Chapter 16. 16, Critical Areas Whatcom County Code Title 20, Official Whatcom County Zoning Ordinance Whatcom County Code Title 24, Health Regulations Revised Code of Washington 36 .70B . 170 through .210 Legal Notices : Posted — December 23 , 2008 Mailed — December 18, 2008 Published — January 24, 2007 and December 25, 2008 Hearing Date: January 7 and October 28, 2009 2 Parties of Record: Roger Eytzen Birch Bay Bible Community Church 7039 Jackson Road Blaine, WA 98230 Philip Serka PO Box 5158 Bellingham , WA 98227 Philip W. Frisk PWF Architecture 414 Olive Way, #211 Seattle, WA 98101 Craig Dammarell 7012 Dahlberg Rd. Ferndale, WA 98248 Jon Sitkin Chmelik Sitkin & Davis 1500 Railroad Avenue Bellingham, WA 98225 Brenda Wilson, Lyn Morgan-Hill Planning and Development Services Copy of Decision sent to : Jack Kintner, Northern Light Jared Paben, Bellingham Herald Exhibits: 1 Land Use Application 1 - 1 Supplemental Application 1 -2 PWF Architecture Supplemental Information 1 -3 Letter dated January 29, 2007, from Lyn Morgan Hill to Applicant 1 -4 Deed 1 -5 Assessor' s Parcel Info 1 -6 Determination of Completeness, dated January 18, 2007 1 -7 Mailing Labels 1 -8 Agency Distribution list 1 -9 Email correspondence 3 2 Letter dated December 19, 2008 , from Phil Serka, representing Applicant 3 DNS , dated December 23 , 2008 4 Staff Report, dated December 29, 2008 for APL2008-0025 5 Staff Report, dated December 29, 2008 for CUP2007-0003 6 Wetland Mitigation Report, dated August 11 , 2008 from ATSI 7 Public Water Availability Notification, dated January 10, 2007 8 On-site Sewage System Construction Permit 9 Letter, dated December 18, 2006 from Birch Bay Water and Sewer District re: Limited Water Service Availability 10 Preliminary Traffic Information 11 Letter dated January 3 , 2007 from Bennett Engineering, re: Preliminary Stormwater Proposal 12 Site Survey, dated September 22, 2006 13 Site Plans 14 Aerial Map 15 Zoning Map 16 Vicinity Map 17 Memo dated_ September 30, 2008 from Lyn Morgan-Hill with Legal Notice dated October 3 , 2008 for Reasonable Use Permit 18 Legal Notice, dated January 24, 2007, from CUP Application 19 Certificate of Mailing, dated December 18 , 2008 20 Certificate of Posting, dated December 23 , 2008 21 Legal Notice, dated December 25, 2008 22 Letters requesting notice of hearing 4 23 Emails betw Staff and Kathy Berg re: SEPA comment period 24 Letter dated January 3 , 2009, in support of proposal from neighboring property owners 25 Addendum to Staff Report, Email correspondence dated January 7, 2009, from Brenda Wilson 26 Letter dated December 22, 2008 from Birch Bay Water and Sewer District re: water availability 27 Memorandum in Support, dated January 7, . 2009, from Philip Serka 28 Mr. Serka Black Binder, containing minutes, notes, Alternative Analysis and Wetland Mitigation Plan from Aqua-Tern Systems, Inc. 28-a List of Documents included in Binder [prepared by Mr. Serka] 29 Site Development Restrictions to scale dated December 9, 2008 30 Alternative Option F, Site Plan dated December 12, 2008 31 Color rendering site plan — Phase 1 32 Email, dated May 23 , 2008 from Stephen Stanley to Janet Cray 33 Memo dated January 31 , 2008 , from Susan Meyer to Craig Dammarell 34 Verbatim phone message from Susan Meyer to Oliver Grah, dated November 12, 2008 35 Advisory Memorandum: Avoiding Unconstitutional Takings of Private Property, Rob McKenna, Attorney General, December 2006 36 Proposed Mitigation Plan Map to scale, dated December 2008 37 Proposed Site Plan, to scale, dated April 2008 38 Religious Land Use and Institutionalized Persons Act of 2000, 106 Congress, 2d Session, S .2869, An Act, dated June 2, 2005 39 Staff Report, dated October 23 , 2009, with attached Agency Comments 39- 1 40 Critical Areas Memo, dated October 26, 2009, from Lyn Morgan Hill re: Mitigation 41 Staff Report, dated October 23 , 2009, re: Development Agreement, with attachments 41 - 1 Agenda Bill No. 2007- 112, with Resolution No. 2007-008 Establishing Public Hearing Process for Development Agreements 5 42 Email Correspondence [Staff, the Applicant, Mr. Serka] 43 Development Agreement with Attachments 43 - 1 Vicinity Map 43 -2 Legal Description of Site 43 -3 Letter dated July 15 , 2009 from DOE to Roger Eytzen 43 -4 Order #6951 Granting Section 401 Water Quality Certification from DOE 43 -5 Letter dated July 27, 2009 from Department of the Army, Corps of Engineers with attached Department of the Army Permit 43 -6 Revised Wetland Mitigation Plan, dated October 14, 2009 43 -6- 1 Vicinity Map 43 -6-2 Aerial Photograph 43 -6-3 Proposed Wetland Fill 43 -6-4 Proposed Site Plan Phase I 43 -6-5 Proposed Site Plan Phase II 43 -6-6 Proposed Mitigation Map 43 -6-7 Wetland Fill, Section A-A ' 43 -6-8 Wetland Fill, Section B-B ' 43 -6-9 Wetland Fill, Section C-C ' 43 -6- 10 Wetland Data Summary 43 -6- 11 Proposed Planting Details 43 -7 Wetland Fill : Proposed Site Plan Phase I 43 -8 Wetland Fill : Proposed Mitigation 43 -9 Wetland Fill : Proposed Site Plan Phase II 44 Letter, dated January 14, 2009, from Phil Serka requesting time extension 45 Email memo, dated January 16, 2009, from Jon Sitkin re: WCFD #21 / SEPA 46 Letter, dated January 26, 2009 from Phil Serka re: Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) / Response to Whatcom County Fire District No. 21 , with attached 45 - 1 Memorandum in Support of Issuance of Permit, dated January 19, 2009 47 Memo, dated January 15 , 2009, from Kathy Berg to Hearing Examiner 48 Memo, dated January 20, 2009 from Tyler Schroeder to Hearing Examiner re: SEPA 1V1 Vlaav Determination, WC Fire District 21 Comments 49 Letter dated June 11 , 2009 from DOE to Jim Wiggins re: Comments on Wetland Mitigation Plan, Corps Reference No. 2008-74-NO. 6 50 Email memo from Jon Sitkin, dated October 28 , 2009, with Fire District No . 21 SEPA comment letter, dated January 5, 2009, attached 51 Letter dated September 2, 2009 from Army Corps of Engineers with signed copy of Certificate of Compliance with Department of the Army Permit No. NWS-2008-74 attached 52 Email correspondence [Wilson, Magner, Serka] re: Development Agreement/County Council, dated Oct 30, 2009 II. The Applicant is requesting a Zoning Conditional Use Permit and Whatcom County Council approval of a Development Agreement, allowing the proposed construction of a new religious facility. The proposed construction will be in two phases . The proposed phasing and square footages are summarized as follows: Phase I: A 22,000 square foot structure which includes a new sanctuary, classrooms, office space, foyer, kitchen, restrooms and storage, with parking for 128 vehicles . Uses will include Sunday worship services and related Sunday school classes; weekday uses may include a daycare/preschool program. Other church activities and community gatherings may occur during the week but are much less intense than the proposed Sunday uses. Occasional outdoor activities may occur in support of functions accommodated within the building. Phase I also includes a Sports Ministry Field for church and community use. Phase II: Conversion of the original sanctuary to a fellowship hall/gymnasium space; construction of a 588-seat sanctuary, an expanded foyer, additional classrooms, restrooms and storage and parking for 98 additional vehicles for a total of 226 parking spaces. Phase II consists of 19,360 square feet of new construction for a final total of 41 ,360 square feet of total floor area. Phase I is scheduled to commence in March 2010 with completion scheduled for March 2011 . Phase II is anticipated to be completed within eight years of the CUP approval date. A Development Agreement has been entered into by and between Whatcom County and Birch Bay Bible Community Church pursuant to the authority granted by ROW 36 . 70B . 170 through . 210 and WCC 16. 16.260E. The open record public hearing for the Development Agreement was conducted concurrently with the CUP application hearing. The Agreement sets forth the design standards and mitigation for the development of a new church facility in two phases. 7 III. This matter originally came before the Hearing Examiner on the request of the Birch Bay Bible Community Church for approval of CUP2007-0003 and on the Church' s Appeal of the Technical Administrator' s Denial of their Reasonable Use Permit Application. During the public hearings on this matter, it became evident that a possible solution to the critical areas issues raised by the Wetland Study and the Reasonable Use Permit Application could be resolved through the adoption of a Development Agreement pursuant to RCW 36 . 70B . 170 through .210 and WCC 16 . 16 . 260E. The initial public hearing was continued to allow the Applicant to work with Whatcom County Planning and Development Services, Washington State Department of Ecology, and the U. S. Army Corps of Engineers . These consultations resulted in a Development Agreement between the Birch Bay Bible Community Church and Whatcom County Planning and Development Services . The work toward obtaining this agreement included consultations with the Washington State Department of Ecology and the U. S . Army Corps of Engineers. The Development Agreement includes conditions required by the Whatcom County Critical Areas Technical Administrator, the Washington State Department of Ecology, and the U. S . Army Corps of Engineers. The Development Agreement, Exhibit No . 43 in the Hearing Examiner' s file, is agreed between all the Parties. There was no public comment in opposition to the proposed Development Agreement. The Whatcom County Hearing Examiner has reviewed the proposed agreement. The proposed agreement requires the approval of the Whatcom County Council, after a public hearing before the Hearing Examiner and a recommendation from the Hearing Examiner. IV. The proposed church construction also requires a Zoning Conditional Use Permit. Whatcom County Planning and Development Services has recommended Conditional Use Permit Approval as well as approval of the Development Agreement. The Findings of Fact, Conclusions of Law, and Recommendation of Whatcom County Planning and Development Services are set forth in Exhibit No. 39, a copy of which is attached hereto and incorporated herein by this reference. The Findings of Fact reached by Whatcom County Planning and Development Services are supported by the record as a whole and are hereby adopted by the Hearing Examiner through this reference, as Findings of Fact herein. V. Whatcom County Planning and Development Services has prepared a Staff Report for the Hearing Examiner in reference to the Development Agreement. This Staff Report is Exhibit No. 41 in the Hearing Examiner' s file. All local, State, and Federal agencies, and the Applicant have requested the Hearing Examiner recommend to the Whatcom County Council approval of the Development Agreement. The Findings of Fact set forth in the Staff Report in reference to the 8 Development Agreement are supported by the record as a whole and are hereby adopted by the Hearing Examiner through this reference. A copy of the Staff Report on the Development Agreement is attached hereto and incorporated herein by this reference. The Hearing Examiner has concluded that approval of the Development Agreement will allow the Applicants a reasonable use of this site for their intended purposes and will result in mitigation and wetland restoration which will fully mitigate the impacts to the critical areas on the development site. The Hearing Examiner concludes that the Development Agreement will result in positive mutual benefits to both the church and the public. VI. Any Conclusion of Law which is deemed a Finding of Fact is hereby adopted as such. Based on the foregoing Findings of Fact, now are entered the following CONCLUSIONS OF LAW I. Religious facilities are a conditional use in the Rural zone. Subject to Conditions of Approval attached to this decision, and full implementation of the proposed Development Agreement, the proposed development will be consistent with the Conditional Use Permit Criteria and the Permit should be approved by the Hearing Examiner. IL RCW 36. 70B. 170 through .210 allows a local government to enter into a Development Agreement, subject to the requirements of RCW 36 . 70B . 170 through .210. Whatcom County Planning and Development Services, in consultation with the Washington State Department of Ecology and the U. S . Army Corps of Engineers, has entered into the proposed Development Agreement with Birch Bay Bible Community Church. The Hearing Examiner concludes that the Development Agreement is consistent with the requirements of RCW 36.70B . 170 through .210 and with the applicable development regulations of Whatcom County adopted pursuant to RCW 36. 70A. The Hearing Examiner also concludes that the development is consistent WCC 16. 16.260E and with other applicable zoning regulations, including the Critical Areas Ordinance. The Hearing Examiner concludes that the proposed wetland mitigation should result in a public benefit and will more than offset the wetland impacts of the development. The Hearing Examiner should recommend to the Whatcom County Council approval of the Development Agreement, Exhibit No. 33 of the Hearing Examiner' s file. 9 As a result of the proposed Development Agreement, the Birch Bay Bible Community Church has withdrawn their Reasonable Use Application and their Appeal, APL2008-00025 . APL2008- 00025 should be dismissed upon approval and signing of the proposed Development Agreement by Whatcom County. IV. Any Finding of Fact deemed to be a Conclusion of Law is hereby adopted as such. Based on the foregoing Findings of Fact and Conclusions of Law, now is entered the following DECISION The Whatcom County Hearing Examiner hereby approves the Birch Bay Bible Community Church Zoning Conditional Use Permit application allowing construction of a church and accessory uses on Assessor' s Parcel No. 400132 033039, subject to the conditions set forth below. RECOMMENDATION The Whatcom County Hearing Examiner recommends that the Whatcom County Council approve the proposed Development Agreement, prepared by Birch Bay Bible Community Church and Whatcom County Planning and Development Services, in consultation with the Washington State Department of Ecology and the U. S . Army Corps of Engineers. 1 . The use and location on the site as approved by this permit shall not be amended or changed without further approval of the Hearing Examiner and/or the Whatcom County Council. 2 . Any signs installed on the site for the proposed use, shall comply with the sign requirements of WCC 20. 80.210 and WCC 20. 80.450 (attached), and a building permit shall be obtained for the installation of any such sign. 3 . The Applicant shall comply with the conditions of the Division of Engineering, memorandum, dated February 8 , 2007, unless modified by the Division of Engineering or appealed to the appropriate agency. 4_ The Applicant shall comply with the conditions of the Whatcom County Plans Examiner, memorandum, dated December 31 , 2008, unless modified by the Plans Examiner or appealed to the appropriate agency. 5 . Outdoor lighting shall be shielded or directed away from neighboring streets and properties. 10 6. The Applicant shall obtain and complete the requirements for a commercial building permit. 7 . A landscaping/buffering plan designed in accordance with WCC 20. 80. 300 shall be submitted to Planning and Development Services with the building permit application. No building permit shall be issued prior to approval of the landscape/buffering plan by Whatcom County Planning and Development Service. 8 . The Applicant shall provide a final parking plan which meets the requirements of WCC20. 80. 500 at the time of building permit application. 9. All trash and/or garbage collection and storage areas must be screened from view from adjacent streets and properties using a solid fence or wall a minimum of six feet high. 10. It shall be the Applicant' s responsibility to request a Certificate of Occupancy from Planning and Development Services upon completion of all conditions in order to finalize the Conditional Use Permit. 11 . Prior to issuance of a Certificate of Occupancy: All landscaping/buffering and parking shall be installed per the approved plan, or bonded for 125% of the cost of labor and materials for installation and irrigation. In addition, a landscape maintenance bond for 10% of the cost of labor and materials for installation shall be submitted to Planning and Development Services. This bond shall be released in two years after completion of the landscaping if the Landscaping has been maintained in a healthy growing condition and any dead or dying plants have been replaced. 12 . The Applicant shall obtain all Federal and State related permits including but not limited to permits from the Army Corps of Engineers and the Department of Ecology. These permits shall be obtained prior to issuance of any building or development related permits issued by Whatcom County. 13 . The Applicant shall record the Development Agreement with the Whatcom County Auditor' s Office pursuant to RCW 36.70B . 190. The Conditional Use Permit Approval is conditioned specifically upon the approval and signing of the proposed Development Agreement. All development on site and/or wetland restoration on or off site shall comply with the Development Agreement. A violation of the terms of the Development Agreement is also a violation of the conditions attached to the Zoning Conditional Use Permit Approval. 11 14. The Applicant shall record the Conservation Easement referenced in the Development Agreement as number 10 of the Agreement. . 15. The Applicant shall implement all aspects of the Final Compensatory Mitigation Plan. 16. The Applicant shall complete construction of Phase I within 24 (twenty-four) months of the date of the issuance of this decision and Phase II shall be completed within ten years of the date of the issuance of this decision. Failure to complete construction or demonstrate compliance shall result in the expiration of this permit. Substantial progress toward completion may satisfy the terms of this condition if approved by Whatcom County Planning & Development Services and the Hearing Examiner. The Applicant or Permit holder may apply for an extension for a term of up to one year upon a showing that substantial progress has been made toward completion or compliance. An extension shall be granted if the Hearing Examiner finds that the Applicant or Permit holder will suffer a substantial hardship if the extension is denied. The Hearing Examiner may grant an extension for any other good cause shown, in his discretion, but extraordinary circumstances must be shown to obtain an extension of more than one year. The Hearing Examiner shall obtain the comments of Whatcom County Planning & Development Services before granting any extension. NOTICE This approval is subject to all of the above-stated conditions. Failure to comply with them may be cause for its revocation. Complaints regarding a violation of the conditions of this permit should be filed with Whatcom County Planning and Development Services . The Hearing Examiner may not take any action to revoke this approval without further public hearing. . Violations of this title shall constitute Class I civil infractions pursuant to RCW 7 . 80. 120. The maximum penalty and the default amount for such violations shall be consistent with Chapter 7. 80.RCW. NOTICE OF APPEAL PROCEDURES FROM FINAL DECISIONS OF THE WHATCOM COUNTY HEARING EXAMINER This action of the Hearing Examiner is final. The following review procedure is available from this decision and may be taken by the applicant, any party of record, or any County depar lnient. Appeal to County Council . Within ten business days of the date of the decision a written notice of appeal may be filed with, and all required filing fees paid to, the Whatcom County Council, Courthouse - 1st Floor, 311 Grand Avenue, Bellingham, WA 98225 . The appeal notice must state either: 1 ) The specific error of law which is alleged, or 2) How the decision is clearly erroneous on the entire record. 12 More detailed information about appeal procedures is contained in the Official Zoning Ordinance at Section 20.92.600-. 830. A copy of this document is available for review at the County Council Office. After an appeal has been filed and the Council office has received the hearing record and transcript of the public hearing, the parties will be notified of the time and date to file written arguments. DATED this 16th day of November 2009. Nidtaa -G130461;4 Michael Bobbink, Hearing Examiner J 13 n Whatcom County David Stalheim PLANNING & DEVELOPMENT SERVICES Director 5280 Northwest Drive Bellingham , WA 98226 J . E . "Sam" Ryan Assistant Director October 23 , 2009 EXHIBIT WHATCOM COUNTY PLANNING AND DEVELOPMENT SERVICES 14 / STAFF REPORT The application of I Development Agreement Birch Bay Bible Community Church I FINDINGS , CONCLUSIONS , for a Development Agreement I AND RECOMMENDATIONS I . SUMMARY OF APPLICATION Application : The proponent is requesting approval of a Development Agreement entered into by and between Whatcom County and Birch Bay Bible Community Church pursuant to WCC16 . 16 . 260 ( E ) ( 1 ) . The elements of the Agreement are set forth pursuant to the authority granted by RCW 36 . 70B . 170 through . 210 and WCC 16 . 16 . 260E . The Agreement sets forth the design standards and mitigation for the development of a new church facility in two phases . II . PRELIMINARY INFORMATION Proponent : Birch Bay Bible Community Church Property Address : The property is located at the northeast corner of the Birch Bay Road and Blaine Road intersection . Legal Description : Located within the SW % of the SW 1/4 of Section 32 , Township 40N , Range 1E , W . M . Assessor's Parcel Number : 400132033039 Zone : R ( 10 ) Rural - 1 Unit/ 10 Acres Subarea : Birch Bay Blaine Comprehensive Plan : Rural SEPA Review : A Determination of Nonsignificance was issued on December 23 , 2008 . A SEPA Addendum was distributed on October 7 , 2009 pursuant to the procedures set forth in the Department of Ecology SEPA Handbook and WAC 197 - 11 - 600( 4) ( c ) and 625 . 1 J Fire District : # 21 School District : Blaine School District # 503 Water District : Birch Bay Water & Sewer Sewage Disposal : On Site Sewage System AUTHORIZING ORDINANCES AND POLICY : 1 . Whatcom County Comprehensive Land Use Plan . 2 . Whatcom County Code Chapter 15, Building Code 3 . State Environmental Policy Act ( SEPA) . Washington Administrative Code Chapter 197 - 11 4 . Whatcom County Code Chapter 16 . 16, Critical Areas 5 . Whatcom County Code Title 20 , Official Whatcom County Zoning Ordinance 6 . Whatcom County Code Title 24, Health Regulations 7 . Revised Code of Washington 36 . 70B . 170 through . 210 III . FINDINGS The proponent is requesting approval of a Development Agreement in order for the church to construct a new church facility . The applicant has demonstrated a hardship of complying with the standard regulations set forth in the Critical Areas Ordinance and , as such seek relief form those standards and requirements through alternative mitigation . The applicant qualifies for alternative mitigation through this Development Agreement . The project is a phased development which will include a total of 41 , 360 square feet of building area ; 110, 533 square feet of sidewalks , asphalt access roads and parking areas ; a sports ministry field to the north of the proposed church building ; an on site sewage system and associated drainage facilities . The project also includes off-site mitigation of the 31 , 164 sq . ft . of wetland fill of the on site wetlands . The proposed phasing and square footages are summarized as follows : Phase I : A 22 , 000 square foot structure which includes a new sanctuary , classrooms , office space , foyer, kitchen , restrooms and storage , with parking for 128 vehicles . Uses will include Sunday worship services and related Sunday school classes ; weekday uses may include a daycare/preschool program . Other church activities and community gatherings may occur during the week but are much less intense than the proposed Sunday uses . Occasional outdoor activities may occur in support of functions accommodated within the building . Phase I also includes a Sports Ministry Field for church and community use . Phase II : Conversion of the original sanctuary to a fellowship hall/gymnasium space ; construction of a 588-seat sanctuary, an expanded foyer, additional classrooms , restrooms and storage and parking for 98 additional vehicles for a total of 226 parking spaces . Phase II consists of 19, 360 square feet of new construction for a final total of 2 41 , 360 square feet of total floor area . Development Agreements are promulgated pursuant to RCW36 . 7OB . 17O through 210 . The main elements of this Development Agreement are Development and Design Standards and Mitigation . The following sets forth the applicable codes and staff comment : Pursuant to RCW 36 . 70B . 170 : "A development agreement must set forth the development standards and other provisions that shall apply to and govern and vest the development, use , and mitigation of the development of the real property for the duration specified in the agreement. A development agreement shall be consistent with applicable development regulations adopted by a local government planning under chapter 36 . 70A RCW . " ( GMA ) . In addition , pursuant to RCW 36 . 70B . 170 ( 3 ) : " For the purposes of this section , " development standards " includes , but is not limited to : ( a ) Project elements such as permitted uses, residential densities , and nonresidential densities and intensities or building sizes ; ( b ) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions , other financial contributions by the property owner, inspection fees , or dedications ; ( c ) Mitigation measures , development conditions , and other requirements under chapter 43 . 21CRCW ; ( SEPA ) ( d ) Design standards such as maximum heights , setbacks , drainage and water quality requirements , landscaping , and other development features; ( g ) Phasing ; (h ) Revised procedures and standards for implementing decisions ; ( i ) A build -out or vesting period for applicable standards ; and (j ) Any other appropriate development requirement or procedure . Staff Comment : The Development Agreement is consistent with the above Revised Code of Washington . The main elements of this Development Agreement are Development and Design Standards and Mitigation . The Development Agreement clearly sets forth the Design Standards for the development including but not limited to : lot coverage ; landscaping ; building height ; parking ; drainage and signage . In addition , the Agreement includes phasing ; building sizes ; mitigation ; vesting and the posting of a mitigation surety . Critical Areas ( WCC16 . 16 ) : Pursuant to WCC16 . 16 . 260E : Alternative Mitigation Approaches and Watershed - Based Management Plans . 3 1 . The county shall facilitate review and/or approval of an alternative mitigation plan for a . major development as defined by this chapter, a planned unit development pursuant to Chapter 20 . 85 WCC, and/or a development agreement pursuant to RCW 36 . 70B . 170 through 36 . 70B . 210 . The mitigation plan shall be used to satisfy the requirements of this chapter and provide relief and/or deviation as appropriate from the specific standards and requirements thereof; provided , that the standards of impact avoidance and minimization shall remain as guiding principles in the application of these provisions and when it is demonstrated that all of the following circumstances exist : a . The proponent( s ) demonstrate the organizational and fiscal capability to carry out the purpose and intent of the plan ; b . The proponent( s ) demonstrate that long - term management, maintenance , and monitoring of the watershed will be adequately funded and effectively implemented ; c . There is a clear likelihood for success of the proposed plan based on supporting scientific information and demonstrated experience in implementing similar plans ; d . The proposed project results in equal or greater protection and conservation of critical areas than would be achieved using parcel - by - parcel regulations and/or traditional mitigation approaches ; e . The plan is consistent with the general purpose and intent of this chapter and the comprehensive plan ; f. The plan shall contain relevant management strategies considered effective and within the scope of this chapter and shall document when , where , and how such strategies substitute for compliance with the specific standards herein ; and g . The plan shall contain clear and measurable standards for achieving compliance with the purposes of this chapter, a description of how such standards will be monitored and measured over the life of the plan , and a fully funded contingency plan if any element of the plan does not meet standards for compliance . Staff Comment : The Final Mitigation Plan is consistent with the above Critical Areas provisions . Lyn Morgan Hill , Senior Planner, Natural Resources has reviewed the Final Mitigation Plan and has provided a memo dated October 26 , 2009 regarding the consistency of the Plan with the applicable Critical Areas provisions . See attached memo for entry into the Hearing Examiner File as an Exhibit . RESOLUTION NO . 2007 -008 : Whatcom County Council adopted Resolution Number 2007 - 008 on February 13 , 2007 . The resolution established the Public Hearing Process for Development Agreements under the Growth Management Act . The Resolution is attached for entry into the Hearing Examiner File as an Exhibit . 4 Pursuant to WCC20 . 92 . 850 : Public hearing process for development agreements under the Growth Management Act . ( 1 ) The Whatcom County hearing examiner is designated to conduct the open record public hearing for development agreements as defined in the Growth Management Act, Chapter 36 . 70B RCW . ( 2 ) The Whatcom County hearing examiner shall conduct an open record public hearing and prepare a record thereof, and make recommendation to the county council for approval or disapproval of development agreements as defined in the Growth Management Act, Chapter 36 . 70B RCW . ( Ord . 2008 - 008 Exh . A, 2008 ; Res . 2007- 008 , 2007 ) . IV. STATE ENVIRONMENTAL POLICY ACT ( SEPA) A Determination of Nonsignificance was issued on December 23 , 2008 . A SEPA Addendum , the primary purpose of which was to reference this Development Agreement was distributed on October 7, 2009 ; pursuant to the procedures stated in the Department of Ecology SEPA Handbook and WAC 197 - 11 - 600 ( 4 ) ( c) and 625 . V. RECOMMENDATION Planning and Development Services recommends approval of the Development Agreement subject to the following conditions : VI . CONDITIONS OF APPROVAL 1 ) The proponent shall obtain all Federal and State related permits including but not limited to permits from the Army Corps of Engineers and the Department of Ecology . These permits shall be obtained prior to issuance of any building or development related permits issued by Whatcom County . 2 ) The proponent shall record the Development Agreement with the Whatcom County Auditor's Office pursuant to RCW 36 . 70B . 190 . 3 ) The proponent shall record the Conservation Easement referenced in the Development Agreement as number 10 of the Agreement . 4 ) The proponent shall implement all aspects of the Final Compensatory Mitigation Plan . Report prepared in coordination with the Technical review Committee by : Brenda Wilson Senior Planner 5 EXHIBIT TT " I wiled Teal/Teal/ COUNTY COUNCIL AGENDA BILL NO. 2007_I12 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator. -���� 1/31/07 2 / 13/07 Council I Ire Division Head. ID> R L. C [ 1 ‘Un !�, Dept Head: R�H */ I Jra� FEB 0 6 2007 Prosecutor. < 7— '7 -r0 �7 •WH iTCO M CO U N / Purchasing/B o GO lt ! 4: V _ &et fr/ ) -4. — 9 TITLE OF DOCUMENT:: - RESOLUTION ESTABLISHING THE PUBLIC HEARING PROCESS FOR DEVELOPMENT AGREEMENTS UNDER THE GROWTH-MANAGEMENT ACT ATTACHMENTS: Draft Resolution - SEPA review.required? ( ) Yes ( AX ) 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 oldie action.) l0 7 °O 4 p.1 s I COMMITTEE ACTION: COUNCIL ACTION: 2 / 13 / 2007 : Council Approved 7 -0 Res . 2007-008 Related County Contract #: Related File Numbers: . Ordinance or Resolution Number: Res . 2007 -008 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 • I • • Sponsored by: Consent Proposed by: Consent Introduction Date : February 13, 2007 RESOLUTION NO. 2007-008 ESTABLISHING THE PUBLIC HEARING PROCESS FOR DEVELOPMENT AGREEMENTS UNDER THE GROWTH MANAGEMENT ACT WHEREAS, the Washington State Growth Management Act authorizes local government to enter into development agreements ( RCW 36.70B. 170) ; and WHEREAS, the Washington State Growth Management Act authorizes the County Council to designate a body to conduct the public hearing (RCW 36 .7013. 200) ; and WHEREAS, the Washington State Legislature Intended in allowing development agreements to provide certainty, encourage the commitment to comprehensive planning, strengthen the public planning process, and reduce the economic costs of development; and WHEREAS, the Whatcom County Unified Fee Schedule establishes a fee for review of GMA Development Agreements (UFS 8041). NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council : 1 . The Whatcom County Hearing Examiner is designated to conduct the open record public hearing for development agreements as defined in the Growth Management Act, RCW 36 . 708. 2. The Whatcom County Hearing Examiner shall conduct an open record hearing and prepare a record thereof, and make recommendation to the County ,Milk Y . yiroval or disapproval of development agreements as defined in `ti�OG• ` ement Act, RCW 36 .70B. A`LP1%b ��i2 s 02% --.say of February 2007. r. O• o • MINTY • 1 '4- K •Vik . ... a WHATCOM COUNTY COUNCIL ~'�- • , �"it WHATCOM COUNTY WASH b Cl eN DSO B • 19114) ,.0 I erkS• the Council Car Weimer, Council Chair APPRw • .,• /qS It roar: "irll, FUU+++ 1 % . 4L / C ,..-..3/4_ 4L ivil Deputy Prosecutor • RECEIVED AUG 27 2909 ADELSTEIN , SHARPE & SERKA LLP A T T O R N E Y S A T L A W ® STEVEN P. ADELSTEIN WhatcWhatcom y�� PHILIP E. SHARPE, JR. or CouuntY P&DS PHILIP A. SERKA JEFFREY P. FAIRCHILD MITCHELL G. FABER MARIE N. GALLAGHER August 26 , 2009 direct e-mail: pserka @adeistein.com Whatcom County Planning & Development Services Attn : Tyler Schroeder 5280 Northwest Drive Bellingham, WA 98226-9013 Re : Birch Bay Bible Community Church SEPA Addendum Dear Tyler: As you are probably aware, the Birch Bay Bible Community Church previously fled a completed SEPA Checklist and Determination of Non-Significance that was issued in regard to their project. Some time has passed , and as you know, there is additional requirement that the Church obtain a Development Agreement approval . In addition, we have obtained further studies and obtained approval from the Corp of Engineers and Department of Ecology. Thus , we are using this as an opportunity to provide to you the enclosed SEPA Addendum for your review. The Addendum supplements the previously completed SEPA Checklist in the regard to the project. Please let me know if you have any questions. Thank you for your anticipated cooperation . Very truly yours, —�_- , T ` Philip A. Serka PAS/sc Enclosure cc: Mr. Oliver Grah (w/o end . ) Mr. Royce Buckingham (w/o end . ) Mr. Jim Wiggins (w/ end . ) Mr. Craig Dammarell (w/ end . ) Mr. Phil Frisk (w/ end . ) Ms. Lyn Morgan-Hill (w/o end .) S?844,6ayate Ca m.,Eyaugentn,U,eUJ WCPVScMecda 8-11a9.4x 400 NORTH COMMERCIAL STREET • P. O. BOX 5158 • S LIJNGHAM, WASHINGTON 98227-5158 TELEPHONE: (360) 671 -6565 • FAX: (360) 647-8148 • WEBSRE: WWW.ADELSEIN.COM BUSINESS • LITIGATION to REAL ESTATE ■ PERSONAL INJURY WHATCOM COUNTY David Stalheim PLANNING and Director DEVELOPMENT SERVICES J.E. "Sam" Ryan, C.B.O. 5280 Northwest Drive Assistant Director Bellingham , WA 98226 • SEPA ADDENDUM Distribution List •-- SEP2008-00153 Please review this SEPA addendum to the above referenced Whatcom County SEPA file number for the Birch Bay Bible Community Church Conditional Use Permit application . A SEPA threshold Determination of Non Significance was issued on December 23, 2008 . This addendum is minor and primarily serves to reference the development agreement between Whatcom County and Birch Bay Bible Community Church . The addendum is being processed per the procedure stated in the DOE SEPA Handbook and WAC 197- 11-600 (4 ) (c) and 625 . If you have further comments, questions or would like a copy of the SEPA checklist, phone the responsible official at ( 360 ) 676-6907. SEPA UNIT, WA State Department of Ecology, Olympia SEPA REVIEW, WA State Department of Ecology, Bellingham WA Dept . of Archaeology & Historic Preservation • Nooksack Tribe Lummi Tribe WA Dept. of Fish and Wildlife ( WDFW) WA Dept . of Natural Resources ( DNR) Fire District # 21 School District # 503 Birch Bay Bible Community Church Birch Bay Bible Community Church SEPA Checklist Addendum Dated August 7, 2009 Revising Previously Completed Environmental Checklist dated January 8, 2007 The following amended answers amend the answers only previously submitted in the Environmental Checklist dated January 8 , 2007. Other answers submitted in the January 8 , 2007 checklist remain unchanged. The arnended answers herein coincide with the numbered question in the Environmental Checklist dated January 8 , 2007. The answer here will supersede or supplement answers previously submitted in the January 8, 2007 Environmental Checklist number. A. Background 6. Proposed timing or schedule (including phasing, if applicable) The anticipated construction of Phase I is anticipated to commence in March 2010, rather than June 2008 with completion scheduled for March 2011, rather than June 2009. Phase II is anticipated to be completed within eight years of the CUP approval date. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain: The project is now revised to be completed in two phases, rather than three phases, with the project similar adding classrooms, a larger sanctuary, a fellowship hall/gymnasium, and increased parking, summarized as follows: Phase I. 22, 000 square feet floor area Phase II: 19, 360 square feet added/41, 360 square feet total building floor area. The building size is almost the same as previously disclosed in the January 8, 2007 checklist. 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. 1_ Topographic Survey dated November 7, 2006 prepared by Northwest Surveying & GPS, Inc. showing all church property and relevant site features. 2. Preliminary Detention Design, dated January 5, 2007, prepared by Bennett Engineering, LLC, showing a conceptual storm water drainage plan for the subject property. 3. Architectural Site Plan, prepared by PWFArchitecture, LLC, dated January 5, 2007, . showing the proposed building expansion and other site improvements, and revised for inclusion in the documents referenced herein. 4. On-site septic system dated December 21, 2006, designed by Burr McPhail, revised January 2008. 5. Wetland reconnaissance and delineation; ATSI, May 2007 6. Wetland mitigation plan; ATSI, May 2007, revised July 2009 7. Archeological Study; Drayton Archeological Research, October 2008 8. Development Agreement; July 2009 Page loil 1 • • 9. Section 404 Permit, US Army Corps of Engineers, July 2009 10. Water Quality Certification, 401, Washington State Dept of Ecology, July 2009 A geotechnical report shall be prepared prior to application for a building permit. 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. No other governmental approvals are pending. Section 404 permit was issued by USACOE in July 2009. Water quality certification 401 was issued by Department of Ecology in July 2009. 10. List any government approvals or permits that will be needed for your proposal, if known. Whatcom County: Conditional Use Permit, Development Agreement, and a Building Permit. 11 . Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. Thefollowing replaces the response in the January 8, 2007 checklist: The subject site is 8. 69 acres in size, is located at the northeast corner of the intersection of Bay Road and Blaine Road, and is currently undeveloped The proposed development is a multi phase church facility, summarized as follows: This proposed project is a phased development which, at full build out, will include a total of 41, 360 square feet (0. 95 acres) of building area; 110, 533 square feet (2. 54 acres) of sidewaliks, asphalt access roads, and parking areas; a sports ministry field to the north of the proposed church building; a septic drainfield located in the northeast corner of the sports ministry field; a curtain drain upgradient of the drainfield; biofiltration swales, rain gardens and a wet pond; and a stormwater detention pond located in the northwest corner of the site. B. ENVIRONMENTAL ELEMENTS 1. Earth a. General Description of the site. Generally flat, sloping gradually to the northwest at an average grade of about 2. 5% b. What is the steepest slope on the site (approximate percent slope)? A small area of the site has about a 7. 5% slope. Page 2 of 7 2 • c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any • prime farmland. The Natural Resource Conservation Service (NRCS) maps the 12-Birch Bay Silt Loam, 0 to 3 percent slopes; 94-Labounty silt loam, drained, 0 to 2 percent slopes; 178-Whatcom silt loam, 0 to 3 percent slopes; and 182- Whatcom-Labounty silt loam soil units on the subject property (Sheet 10; Goldin 1992). We observed soils consistent with the Whatcom soil in the upland areas and either Labounty or other hydric soil inclusions in the PEMC wetlands. The NRCS lists the Labounty soil unit as hydric. The site is not prime farmland e. Describe the purpose, type, and approximate quantifies of any filling or grading proposed. Indicate source of fill. Based on the preliminary site grading plan (includes Phase I and II work): 1. Topsoil Stripping: 11, 900 cubic yards Cut (assumes 1. 0foot ofcut over Phase I and II project areas) . 2. Parking Areas and Access Lanes: 7, 500 CY Cut/5, 000 CY Fill (achieves subgrade elevations) 3. Building: 1, 500 CY Fill (achieves subgrade elevation under slab gravel fill section) 4. Imported Aggregate Fill Materials - Building/Parking Areas/Access Lanes: 6, 000 CY - (pavement/slab sections) 5. Soccer Field: 5, 800 CY Fill (majority offill will be placed behind the retaining wall in the NW corner of the field) 6. Pond Berm: 1, 550 CY Fill (requires low permeability fill material) g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? All building, asphalt and other impervious surfaces proposed total 96, 000 square feet for Phase 1, (25% of the site), Phase II has 15 1, 893 square feet of impervious surface (40% of the site). 3. Water a. Surface: 1 . Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names, if appropriate, state what stream or river it flows into. ATSI delineated four wetlands on the BBBCC property: Wetland D, a Category III palustrine scrub-shrub/emergent seasonally flooded (PSS/EMC) wetland approximately 15, 607 square feet in size are on the parcel situated in the northwest corner. Wetland A, a Category IV palustrine emergent (PEMC) wetland approximately 1,300 square feet in size is found in the southwest corner of the site. Wetland B, a Category IV palustrine emergent (PEMC) wetland approximately 3, 355 square feet in size, is located north of Wetland A and west of Wetland G Wetland C, a Page 3 of 7 3 Category IV palustrine emergent (PEMC), approximately 35, 294 square feet in size spans the site from its mid portion to its eastern edge. These wetlands are connected via road side ditches, on a seasonal basis, to Terrell Creek about I mile northwest of the site. 2. Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans. The Project will require work in or adjacent to (within 200 feet) of the described waters. The plans have been submitted to Whatcom Planning and Development Services. 3 . Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. Buildings will be placed in 31, 164 square feet of Categwy N wetlands. c. Water Runoff (including storm water): I . Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe. A stormwater plan per Whatcom County and Ecology standards has been designed for the site which indicates the method of collection and disposal and direction of water flow. d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any. A stormwater plan per Whatcom County and Ecology standards has been designed for the site and submitted which indicates the methods to reduce and control surface ground and water/runoff water impacts. 4. Plants a. Underline types of vegetation found on the site: The site is all pasture. b. What kind and amount of vegetation will be removed or altered? Only pasture grasses will be removed from site. 5. Animals a. Underline any birds and animals which have been observed on or near the site or are known to be on or near the site: Page4of7 4 b. Hawk and songbirds have been observed on site. . g. Proposed measures to preserve or enhance wildlife, if any. A wetland mitigation plan has been prepared to rehabilitate wetlands on the northern portion of the site and a combination of wetland creation and rehabilitation on an adjacent parcel. These measures will assist in enhancing wildlife. See ATSI wetland mitigation plan, revised July 2009. 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. The project will use gasoline and/or diesel fuel for the trucks and heavy equipment used to construct the project, and electricity for tools used for construction and heating of the site as needed 8. Land and Shoreline Use a. What is the current use of the site and adjacent properties? The current use of the site is a hay field Adjacent properties are single-family residences, fallow fields, and roads. b. Has the site been used for agriculture? If so, describe. Yes, the site has been used for agricultural. There has been a mowed hay field on the property for over 100 years. e. What is the current zoning classification of the site? Rural — One dwelling unit per 10 acres. h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify. Yes. There are wetlands on the parcel. See comments above. 10. Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? The tallest height is 30 '4 ". Primary exterior finishes include masonry veneer, painted wood bevel siding, cedar shingle siding, and composition roofing. There is no steeple. Page5of7 5 O 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? No such public amenities are in the immediate vicinity. However, this facility is in the `greater Birch Bay Area ". We anticipate the church structure will be used by the general community in the same manner as the current church on Jackson Road is being utilized by the community. The sports Ministry Field is also anticipated to be used by the general public. c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any. The proposed project will not reduce or impair recreational opportunities in the area, but enhance them with the construction of the sports ministry field. 14. Transportation c. How many parking spaces would the completed project have? How many would the project eliminate? The development proposal will provide 128 parking stalls for Phase I, with 226 parking stalls total at the completion of Phase II. f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur. A traffic study was completed by a traffic engineer, with the projected average Sunday vehicle trips at about 400 for Phase I Average weekday vehicle trips are projected to be eight for Phase L Because the church is moving from a larger location less than a quarter mile away, the net increase on the surrounding roads of Sunday and weekday vehicle trips is negligible. IS. Public Services b. Proposed measures to reduce or control direct impacts on public services, if any. Not Applicable. C.. SIGNATURE The above answers for this Addendum are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to evaluate the project. Name: PHILIP W. FRISK, PWF Architecture For the applicant, Birch Bay Bible Community Church Date submitted: vg-f 2 4 z Page 6of7 6 ```P ..,4 • • RS .7 � 555 O E N OA a R 20.80 .210 Minimum setbacks. ( 1 ) All structures, including accessory structures, shall be placed on their lots in compliance with the requirements of the setback table (subsection (5)(b) of this section), except as may otherwise be provided in this title. (2) Waterfront Lots. Waterfront lots shall comply with the building setback requirements set forth in the Whatcom County Shoreline Management Program. (See WCC 20. 80.220(2)) (3) Vision Clearance. Notwithstanding any other setback requirements of this title, and unless specifically provided otherwise, a clear vision area shall be maintained on the corners of all property at the intersection of two streets, a street and an alley, or a street and a railroad. (a) A clear vision area shall consist of a triangular area, two sides of which are lot lines measured from the corner intersection of the street lot lines for a distance specified in subsection (3)(c) of this section (where the lot has rounded corners, the distance shall be measured from the intersection of those lot lines extended), and the third side of which is a line across the corner of the lot joining the nonintersection ends of the other two sides. (b) A clear vision area shall contain no planting, fence, wall, obstruction, or temporary or permanent obstruction exceeding two and one-half feet in height, measured from the top of the curb or, where no curb exists, from the established street center line grade; except that trees exceeding this height may be located in this area; provided all branches and foliage are removed to a height of 10 feet above the grade. (c) The following measurements shall establish clear vision areas : (i) In a residential zone, the minimum distance shall be 30 feet, or at intersections including an alley, 10 feet; (ii) In all other zones, the minimum distance shall be 15 feet, or at intersections including an alley, 10 feet, except when the angle of intersection between a street other than an alley is less than 30 degrees, the distance shall be 25 feet; (iii) Structures including buildings may be constructed within the clear vision area; provided, that any portion of the structure within the clear vision area is more than eight feet above the top of the curb or street center line grade and is supported by not more than two columns each of which is no more than eight inches in diameter. (4) Properties which are generally located on the Guide Meridian between Horton and Kellogg roads, and specifically identified in the Guide Meridian Improvement Plan, shall be subject to the provisions of said plan. The provisions of said plan shall supersede this chapter where there is inconsistency. (5) Setbacks. For the purposes of this chapter, the road classification used to determine setback requirements shall be as set forth in this section. In the event a particular road is not listed in this section, the department of public works shall determine the classification, which classification shall be based on the Whatcom County Development Standards or such other local, state or federal roadway standards as the department of public works deems appropriate. (a) Setback Requirements of All Districts. (i) No manure lagoon or other open pit storage shall be located closer than 150 feet from any property line, or in a manner which creates any likelihood of ground water pollution or other health hazard. (ii) All manure storage shall be protected from a 25-year flood and shall be located 50 feet from irrigation ditches and waterways, 50 feet from the ordinary high water line of any lake or waterway; provided, that best management practices as determined by the Whatcom County Conservation District are in place. If the best management practices are not in place, 300 feet shall be substituted for 50 feet. (iii) In all districts where a single-family residence is a primary permitted use, a building permit may be issued for the construction of a replacement dwelling on the same lot; provided, that the owner agrees by filing a statement with the building official that the old dwelling will be demolished, removed or converted to another permitted use upon completion of the new dwelling. (iv) A 10-foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-foot setback area after approval from the International Boundary Commission. (b) Setbacks Table. s iae ., ® a t ai z ' F !,, , ch 4w a 1 Rn ` V( € F ru {itn to v "9 M eb. astkests� '^. w � -« a �£�' " .F° 'asa• _ x ec'e F C *Y�. ff �'Rr. � "ar' / - 3 �' .;vt,..f..b W �f ,d dY`` „ .s, �r._r.8 `d£e a....:.5 <NK.c!f,`, '....v �� e, .,.r � n. ., 4' _ vo. , �, /b, cw,�. c`'..?�. ® ��' { • ec � 5a .si �R:µ ,. . �+ S Road Type Other Commercial, Collector Minor , Local Neighborhood Minor Side Rear Industrial, 1-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 30' 1 30' 25 ' 25 ' 25 ' 20' 0' 10' 1 . Setbacks for those parcels situated adjacent to Urban Residential, Rural Cluster Development and Rural Zone Districts shall be administered pursuant to WCC 20. 62 . 550 (Buffer area) . • \\\\ mom •. : 3 . Setback requirements for recreational vehicle parks, and resort-oriented hotels and motels including time share condominiums, shall be 45 feet for front yard and 20 feet for side and rear yards. 4. Setback requirements for nonresort-oriented hotels and motels and nonhabitation commercial development shall be zero feet for side yards and 10 feet for rear yards . 5 . A 10-foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-foot setback area after approval from the International Boundary Commission. Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, I-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 25 ' 25 ' 25' 25 ' 25 ' 20' 0' 10' Water Resource Protection Overlay 30' 130' 120' 120' 120' 120' 10' , 10' 1 . Neighborhood Commercial District. Setbacks for those parcels situated adjacent to Urban Residential, Residential Rural and Rural Zone Districts shall be administered pursuant to WCC 20. 60 . 550 (Buffer area) . 1 When located adjacent to I-5 these setbacks may be reduced to 25 ' subject to the screening requirements under WCC 20. 80. 300. 2Roof overhangs or other architectural features shall not project further than 18 inches into the side or rear yard setbacks . Such overhangs may extend six feet into the front yard setback; however, in no case will they extend more than one-half the depth of the front yard setback. F��1 r 6 3 `�E0. y z(��:t3�F n F�'N�N�I � f'f�� .'"Y` ' '1 �y •^�q$EiYO' 1' "Y/�`GY'4a £ n'/"/N� �"e°' &� yr.✓�Lv A // ''^ ® � � s c. ac ` � "FMS . E "✓ 3 y^"�'r £ 'AaE a ��'/''C _ -_ / q� '`c ,. ex C ' � ti � {ku� � c�°ua`rT; 'e a� K• f �" i � �j � "W'ev�"£ t ?'�" � �� ' . / .�/. 'y._. < a5w & ? ^"r° ',�`� '� '�' "+ ° ; a ? �/cam / �, t.-- � F t , a z'a n A s / an',. +� vz c y r ` G,o° �,n �"w �` l'` / / - .f ee -`a`� . ,`i �. ro ea X1,(W ® "Ylnd€x' • �'( W: `h � . . E1 4 (ra O yF i E ai `' .. .� �.lf.F Ji 1�, ,� ``" <� � A'F 1i�s, , .,,.rfi... ..a, ti <�-_� -., . - � G!„< <ec-��,?'. e' � < .ei���`�i ., ^%li,,. ,p a A..i Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial , I-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 100' 100' 100' 100' 100' 30' 30' 30' 1 . All setbacks shall be increased by one foot for each foot of building height, excluding tanks and similar structures, which exceeds 50 feet. i 2 . The building setbacks of WCC 20. 80.210 shall not apply to utility or security structures such as poles, meters, fences, guard structures and the like, nor to structures relating to shipment on railroad rights-ofway; provided, that no traffic hazards are created. For nonindustrial buildings, the zoning administrator may reduce or eliminate side and rear yard setbacks from side and rear property lines that are adjoining an industrial district; provided, that all of the following provisions are met : (i) Screening will be provided to protect adjacent uses from unsightliness or visual distraction; (ii) A site plan has been submitted that shows that all structures and improvements, including roof overhangs, will not cross property boundaries, and a stormwater management plan has been provided that shows that runoff will be diverted to on-site drainage facilities; (iii) A reduction in setbacks will not reduce solar access on adjacent properties or if a setback reduction will result in reduced solar access, all parties having an ownership interest in the property adjacent to the side or rear yards to be reduced stipulate in writing, on forms provided by the zoning administrator, to the reductions. The zoning administrator may require a title report to establish the ownership interests in the adjacent property; (iv) Adjoining properties will be shielded from light sources; (v) The use and storage of toxic or hazardous materials or processes will not be located within what would otherwise be the setback area unless adequate facilities to contain accidental spills on-site consistent with state regulations are provided; (vi) The reduced setbacks will not interfere with existing sewer, water and other easements; and (vii) Reduced setbacks will not result in the creation of a traffic hazard nor will the reduced setback create a circumstance that does not comply with WCC 20. 80 .210(3 ), Vision Clearance. 3 . Setbacks for parcels adjoining a nonindustrial district(s) shall be administered pursuant to WCC 20. 68 . 550 (Buffer plan) and Policy 1 . 05 of the Heavy Impact Industrial designation of the Cherry Point-Ferndale Subarea Plan. 4. The setback requirements of the Heavy Industrial District shall apply to the storing and handling of hazardous materials; provided, that if federal and/or state regulations require different setbacks, the greater setback (county, federal or state) shall be used. 5 . The zoning administrator may reduce setbacks for nonindustrial buildings to those of Light Impact Industrial if the reduced setbacks would not interfere with existing sewer, water and other easements . A greater reduction in setback requires approval under section (4) of the Heavy Impact Industrial zone' s setback requirements. l✓T/. `y' . ,, p k �y "G` ^� "y£��"s si ��y an .r' ` / �°�� r3 • ' �" a . . / r y �" F r w, M s r � c & s, � urn ,m ;> �"' d.�� R v y' a, e i ■ /� i{H / t. Y 'aaz 'g�' p@ R Y " ) ,,,moo 10 .4a x " .P F"av` 4 1. � a.vO vt St f 2+1 l .5 .�4 .L�"3 @` /i' p ':.'s�` ?+� 0• G ll ) 43� 1 4.C5 >. x' , . , `. is �Z , „v- -=7,-,M37144 .,,k ,. �.�x..�.,,,..yz,, `:._ hang„�. ttaaa e wag, .. .r ..�1, 14 F`l ,. �, e r tw v Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, I-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 30' 30' 30' 30' 30' 20' 10' 10' 1 . All setbacks shall be increased by one foot of building height which exceeds 35 feet. 2 . The building setbacks of WCC 20 . 80.210 shall not apply to utility or security structures such as poles, meters, fences, guard structures and the like. In addition, the zoning administrator may reduce side and rear yard setbacks for other structures as provided by section (4) of the Light Impact Industrial zone' s setback requirements. 3 . Setbacks for parcels adjoining a nonindustrial district(s) shall be administered pursuant to WCC 20. 66 . 550 (Buffer area). 4. The zoning administrator may reduce or eliminate side and rear yard setbacks from side and rear property lines that are adjoining an industrial district; provided, that the administrator finds that all of the following provisions are met: (i) Screening will be provided to protect adjacent uses from unsightliness or visual distraction; (ii) A site plan has been submitted that shows that all structures and improvements, including roof overhangs, will not cross property boundaries, and a stormwater management plan has been provided that shows that runoff will be diverted to on-site drainage facilities; (iii) A reduction in setbacks will not reduce solar access on adjacent properties or if a setback reduction will result in reduced solar access, all parties having an ownership interest in the property adjacent to the side or rear yards to be reduced stipulate in writing, on forms provided by the zoning administrator, to the reductions . The zoning administrator may require a title report to establish the ownership interests in the adjacent property; (iv) Adjoining properties will be shielded from light sources; (v) The use and storage of toxic or hazardous materials or processes will not be located within what would otherwise be the setback area unless adequate facilities to contain accidental spills on-site consistent with state regulations are provided; (vi) The reduced setbacks will not interfere with water and other easements; and (vii) Reduced setbacks will not result in the creation of a traffic hazard nor will the reduced setback create a circumstance that does not comply with WCC 20. 80 .210(3 ), Vision Clearance. a`t 0, 4 t, Ltili< . a .., L Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, I-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 30' 30' 30' 30' 30' 20' 10' 10' 1 . All setbacks shall be increased by one foot for each foot of building height which exceeds 35 feet. 2 . The building setbacks of WCC 20. 80 .210 shall not apply to utility or security structures such as poles, meters, fences, guard structures and the like. 3 . Setbacks for parcels adjoining a nonindustrial district(s) shall be administered pursuant to WCC 20. 66 . 550 (Buffer area) . 4. The zoning administrator may reduce or eliminate side and rear yard setbacks from side and rear property lines that are adjoining an industrial district;. provided, that the administrator finds that all of the following provisions are met: (i) Screening will be provided to protect adjacent uses from unsightliness or visual distraction; (ii) A site plan has been submitted that shows that all structures and improvements, including roof overhangs, will not cross property boundaries, and a stormwater management plan has been provided that shows that runoff will be diverted to on-site drainage facilities; (iii) A reduction in setbacks will not reduce solar access on adjacent properties or if a setback reduction will result in reduced solar access, all parties having an ownership interest in the property adjacent to the side or rear yards to be reduced stipulate in writing, on forms provided by the zoning administrator, to the reductions . The zoning administrator may require a title report to establish the ownership interests in the adjacent property; (iv) Adjoining properties will be shielded from light sources; (v) The use and storage of toxic or hazardous materials or processes will not be located within what would otherwise be the setback area unless adequate facilities to contain accidental spills on-site consistent with state regulations are provided; (vi) The reduced setbacks will not interfere with water and other easements ; and (vii) Reduced setbacks will not result in the creation of a traffic hazard nor will the reduced setback create a circumstance that does not comply with WCC 20 . 80.210(3), Vision Clearance. 5 . The zoning administrator may reduce setbacks for nonindustrial buildings to those of Light Impact Industrial if the reduced setbacks would not interfere with existing sewer, water and other easements. A greater reduction in setback requires approval under section (4) of the General Manufacturing zone' s setback requirements. m (4 F Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, I-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 25 ' 25 ' 25 ' 25 ' 25 ' 25 ' 10' 10' 1 . Maximum building height shall not exceed 35 feet; except, that an additional foot in height is allowed for each one-foot increase in setback in the yard adjoining the interstate highway up to 45 feet in the West Bakerview/I-5 Interchange area of the Urban Fringe Subarea and up to 75 feet in the Birch Bay-Lynden Road area of the Blaine-Birch Bay Subarea. Height of structures, where applicable, shall also conform to the general requirements of WCC 20. 80 . 675 . -'� n s,4��y'^' t r^ %, b `?� 'x; S G }`1 +�� o" ..* s ra ``` -. 7 n^.��h , e V ti. 1 a. 'h'�9' � � �" �s�' `''z�,,, 4 � a�� et'��10�1�5 �� ) s � � �r � F� �:;x4 r�x � .x , h ' � � ��f Fa`� �* ���.�� � � � G .. „h_ ._S:'aa.,r .,fP arc .Z..,,r. . . , „ alis ,__i r� ,,.7.,.:: f .�` t� sxa3t x„� I �_ � .° x,^� ryn„ y�4 ,�jyy., '�'� fi a c-- S o; Road Type Other Commercial , Collector Minor Local Neighborhood Minor Side Rear Industrial, I-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 30' 30' 30' 30' 30' 20' 10' 10' 1 . Setbacks for parcels adjoining a nonindustrial district shall be administered pursuant to WCC 20.70. 500 (Buffer area) . 2 . The zoning administrator may reduce or eliminate side and rear yard setbacks from side and rear property lines that are adjoining an industrial district; provided, that the administrator finds that all of the following provisions are met: (i) Screening will be provided to protect adjacent uses from unsightliness or visual distraction; (ii) A site plan has been submitted that shows that all structures and improvements, including roof overhangs, will not cross property boundaries, and a stormwater management plan has been provided that shows that runoff will be diverted to on-site drainage facilities; (iii) A reduction in setbacks will not reduce solar access on adjacent properties or if a setback reduction will result in reduced solar access, all parties having an ownership interest in the property adjacent to the side or rear yards to be reduced stipulate in writing, on forms provided by the zoning administrator, to the reductions. The zoning administrator may require a title report to establish the ownership interests in the adjacent property; (iv) Adjoining properties will be shielded from light sources; (v) The use and storage of toxic or hazardous materials or processes will not be located within what would otherwise be the setback area unless adequate facilities to contain accidental spills on-site consistent with state regulations are provided; (vi) The reduced setbacks will not interfere with existing sewer, water and other easements; and (vii) Reduced setbacks will not result in the creation of a traffic hazard nor will the reduced setback create a circumstance that does not comply with WCC 20 . 80.210(3 ), Vision Clearance. 7/W7. 6't'77 v.stacar 74,estnirc5, t e ". u Road Type Other Commercial , Collector Minor Local Neighborhood Minor Side Rear Industrial, 1-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets - Streets Minor Arterials Collectors 50' 50' 50' 50' 50' 50' 20' 20' 1 . The 50-foot front yard setback requirement for new buildings or additions may be waived if the zoning administrator finds the new building or addition is located along the same building line(s) of existing structures and will result in no additional encroachment and the public interest, safety and health are protected; provided, that for a new building the applicant shall also demonstrate that the proposed location is necessary for the economic viability and the continued operation of the agricultural use. 2 . The minimum separation between new residences not located on the same property and farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or feed shall be 300 feet. New farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or feed shall be situated at least 150 feet from existing residences not located on the same property. Expansion of existing facilities within the 150-foot buffer, providing such expansion is not closer to a neighbor' s residence, and pastures are excluded from this section' s requirements. 3 . Parcels of less than five nominal acres shall have the following minimum setbacks : Front yards: — Primary arterials and secondary arterials : 45 feet. — Collector arterials : 35 feet. — Neighborhood collectors, local access streets : 25 feet. — Minor access streets : 20 feet. Side yards : minimum side yard setbacks shall be five feet. Rear yards : minimum rear yard setbacks shall be five feet. 4. A 10-foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-foot setback area after approval from the International Boundary Commission. A " s gre, Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, I-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 45 ' 35 ' 25 ' 25 ' 25 ' 20' 100' 100' Water Resource Protection Overlay 30' 130' 120' 20' 120' 120' 1 100' 1 100' 1 . Parcels utilized solely for community centers shall observe the following minimum setback requirements : , front yard : 50 feet; side yard : 25 feet; rear yard : 25 feet. Q u_ l F.;4 ...,. � Iw. /,f..,. - " r . i f S 4N - i c i - x / F� ✓t � � . .Z St t xFf ;W � k3'v / r� a Ong: " Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, I-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 45 ' 35 ' 25 ' 25 ' 25 ' 20' 20' 20' - Water Resource Protection Overlay 30' 130' 120' 120' 120' 120' 120' 120' 1 . Setbacks shall be increased to 100 feet for those parcels in the Rural Forestry Zone situated adjacent to the Commercial Forestry Zone, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.42 . 651 shall be subject to the standard setback of the Rural Forestry Zone. Forest industry buildings, stationary equipment or storage areas excluding scaling stations and watchman' s stations shall not be located within 100 feet of any other zone district. 2 . Parcels utilized solely for community centers shall observe the following minimum setback requirements : front yard : 50 feet; side yard: 25 feet; rear yard: 25 feet. 3 . When a permitted residence (WCC 20.42 . 056) adjoins an existing parcel of 20 acres or more in size or a parcel that is being cultivated for commercial forestry production, a minimum building setback of 100 feet shall be established from the common property line. 4. Lummi Island scenic estates setbacks shall be administered under the Rural Residential Island setback standards. 5 . A 10-foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-foot setback area after approval from the International Boundary Commission. a 6 a ;. Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, I-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 45 ' 35 ' 25 ' 25 ' 25 ' 20' 51 ,2 5 ' 1 Water Resource Protection Overlay 30' 130' 120' 120' 120' 120' 15 ' 151 1 . Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Forestry Zone District, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20 . 32 . 651 shall be subject to the standard setback in WCC 20 . 80 .210. 2 . A 10-foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-foot setback area after approval from the International Boundary Commission. 1 Roof overhangs or other additional features shall not project further than 18 inches into the side or rear yard setbacks . Such overhangs may extend six feet into the front yard setback; however, in no case will they extend more than one-half the depth of the front yard setback. 2Zero. lot line side yard setbacks may be approved by the zoning administrator for single-family attached dwelling units along the common property line where the dwellings share a common wall. Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, I-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 25' 25 ' 25' 20' 5 ' 5' 1 . Residential Rural-Island District. Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Forestry Zone Districts, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.42 . 651 shall be subject to the standard setback in WCC 20. 80.210. ACIMENISSVPS1: # .1> .N "1:4nisk:Air:rtaTA% Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, I-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 45 ' 35 ' 25 ' 25 ' 25 ' 20' 5' 1 5 ' 1 No additional standards . 1Roof overhangs or other additional features shall not project further than 18 inches into the side or rear yard setbacks . Such overhangs may extend six feet into the front yard setback; however, in no case will they extend more than one-half the depth of the front yard setback. 2Zero lot line side yard setbacks may be approved by the zoning administrator for single-family attached dwelling units along the common property line where the dwellings share a common wall . r�.r -::w , -.r. / ,,,per \ate vu v � 4�k` W wa'.;��{ '" � `? -. ` . z «d'/3i"s . �• 3Q"� -, . . G / . o,.P. - .,f,4' T" l �.a Q s. � y 44" ; *-.66$0 Ar �h a `t' y`4c�R`ta?'a "'O T < a . k`a « m : 4 ✓4"w a rx:it::J 4kttiV F x� e � z v ;V4 � ^45i tS ..2ai . a , : t . . L @ r qr < } ses. Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, I-5 , Arterials or Collectors Access Collector Access Yard Yard State Hwys, Major Streets Streets Principal & Collectors Minor Arterials 45 ' 45 ' 35 ' 25 ' 25 ' 20' 51 1 5 ' 1 Water Resource Protection Overlay 30' 130' 120' 120' 120' 120' 15' 15' 1 . Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Commercial Forestry Zone District, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.36 . 651 shall be subject to the standard setback in WCC 20 . 80.210. 2 . Lots created after 2001 through the cluster provisions, or lots created through the APO provisions which will be used for human habitation, shall be set back a minimum of 100 feet from the property line of any parcel or portion thereof which is designated or used for agricultural purposes. No structures shall be constructed within 30 feet of exterior, side and rear property lines, and no structure shall be constructed within 30 feet of an agricultural use. Subject to any further requirements within Chapter 20. 38 WCC, Agriculture Protection Overlay. 3 . A 10-foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-foot setback area after approval from the International Boundary Commission. 1Roof overhangs or other architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no case will they extend more than one-half the depth of the front yard setback. Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, I-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 45 ' 35' 25' 10' 10' 10' 5 ' 1 5 ' 1 Water Resource Protection Overlay 30' 130' 120' 120' J 20' 120' 15 ' 15 ' 1 . No specific setback requirements shall apply to a planned concept submitted for technical committee review. This provision could be used, for example, to allow zero-lot-line development. �' .. 0 " c � +� v' x F .'" \ >. .. t ^a. ./x5 Vii"" 3'a' � Hwy 'S .44,S:/ Ott p�v sp'°.5. �' o P p xx c4. r 4 ?y 081 eal Vt } 2c� � yE 2 v` r ` W 4 v 4a0 ,yak .. t-$i *x yi R E Al ✓ i. . ....,c-m+A-'�..�a� �.�, w ..�" w ..., . va.:, St �;. ....., ... r ,�r<; M .�? ‘ � � .a�0� �mn .. r tea. � ��°'i4.�5u.,; !°� �r.:� �w��,.n'Cb .�,.,. Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, I-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 45 ' 35 ' 25 ' 25 ' 25 ' 20' 5 ' 1 5 ' 1 Water Resource Protection Overlay 30' 130' 120' 20' 120' 120' 15 ' 15 ' 1 . Setback requirements for mobile home parks shall be 20 feet from the perimeter of the park for side and rear yards and shall be screened from neighboring uses in accordance with WCC 20. 80. 345 . Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, 1-5 , State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 45 ' 35 ' 25 ' 25 ' 25 ' 20' 5' 1 ,2 5 ' 1 Water Resource Protection Overlay 30' 130' 120' 120' 120' 120' 15 ' 15 ' 1 . Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Forestry Zone District, except that such parcels which are less than 20,000 square feet in a subdivision approved prior to January 1 , 1987, and whose owners have filed an agreement with the county auditor as specified in WCC 20.20. 651 , shall be subject to the standard setback in WCC 20. 80 .210. 2 . A 10-foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-foot setback area after approval from the International Boundary Commission. 1Roof overhangs or other architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend six feet into the front yard setback; in no case will they extend more than one-half the depth of the front yard setback. 2Zero lot line side yard setbacks may be approved by the zoning administrator for single-family attached dwelling units along the common property line where the dwellings share a common wall . ��Y-Z ri. r l r v "i ` . .* S e cS4 Sa A strp ..: . i. nt . a to i /r d » e c a ' A ! ? � osfr e w w , f a < -t dr '/ S? a C van s n m�t ,,ZG fs nB t 3h C ya � F , 4 kv jtg 9 44 ee" � or h tea 3 vc y� z : � teY2 S f "$:% + �a p Q e' 4) A `.: n Sla c�. 4r : � , a "rea.t on ' 9 ® 4c ro ;A x � d p ' $ aI e s N �"L ! = " e : . r6 r« e "- PEA , < t < 44 . rG ✓„ .GCAa :4 - E; 1 f ' : r i f Cri Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Yard Rear Yard Industrial , 1- 5 , Arterials or Collectors Access Collector Access State Hwys, Major Streets Streets Principal & Collectors Minor Arterials 100' 100' 50' 50' 50' 50' 50' 50' 1 . Parcels utilized solely for community centers shall observe the following minimum setback requirements : front yard: 50 feet; side yard : 25 feet; rear yard: 25 feet. 2 . Shoreline setbacks shall be administered consistent with the Shoreline Management Program of Whatcom County; provided, that a 25-foot setback is maintained from the ordinary high water mark of all water bodies and a 50-foot setback is maintained from the ordinary high water mark of fish spawn streams. 3 . A 10-foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-foot setback area after approval from the International Boundary Commission. Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Yard Rear Yard Industrial, I-5 , Arterials or Collectors Access Collector Access State Hwys, Major Streets Streets Principal & Collectors Minor Arterials 30' 30' 20' 20' 20' 20' See See underlying underlying zoning1 ,2 zoning1 ,2 1 . No additional standards . 1 Roof overhangs or other architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no case will they extend more than one-half the depth of the front yard setback. 2Refer to additional provisions of WCC 20 . 64.250 or 20 . 65 .400 . (Ord. 2010-019 § 1 (Exh. A), 2010; Ord. 2009-023 § 1 (Exh. A), 2009 ; Ord. 2003 -048 Exh. A, 2003 ; Ord. 2001 -062 § 1 , 2001 ; Ord. 2001 -024 § 1 , 2001 ; Ord. 99-080, 1999 ; Ord. 99-012 § 1 (3 ), 1999 ; Ord . 97-046 § 3 , 1997 ; Ord. 96-056 Att. A § Si , 1996 ; Ord . 94-010, 1994; Ord . 89- 117, 1989 ; Ord. 88 -29, 1988 ; Ord . 87-65 , 1987 ; Ord. 87- 11 , 1987 ; Ord . 85 - 100, 1985 ; Ord. 85 -38 , 1985 ; Ord. 85 -31 , 1985 ; Ord . 84-38 , 1984 ; Ord . 82 -58 , 1982) . 20 .80.212 Concurrency. No subdivision, commercial development or conditional uses shall be approved without a written finding that : ( 1 ) All providers of water, sewage disposal, schools, and fire protection serving the development have issued a letter that adequate capacity exists or arrangements have been made to provide adequate services for the development. (2) No county facilities will be reduced below applicable levels of service as a result of the development. (Ord. 98-083 Exh. A § 58 , 1998) . 20.80.215 Setbacks — Off-premises advertising signs. Off-premises advertising signs shall be subject to the following setbacks . WCC 20. 80.210 shall not apply. ( 1 ) No portion of a sign shall be placed within 15 feet of any right-of-way except as provided in subsection (3 ) of this section. (2) Minimum side and rear yard setbacks shall be 10 feet except where they abut a right- of-way. (3 ) Off-premises advertising signs oriented towards Interstate 5 may be up to within five feet of the interstate right-of-way when approved by all agencies having jurisdiction. (4) No off-premises advertising sign shall be within 500 feet of any residence or residential zoning or within 1 ,000 feet of any church, school, cemetery, park, open space designation or historical landmark. (5) No off-premises advertising sign shall be within 50 feet of any intersection. (Ord. 99- 080, 1999 ; Ord. 90-66 § 1 , 1990) . 20.80.450 General manufacturing, light and heavy impact industrial, and airport operation districts sign regulations. ( 1 ) Unlighted temporary building signs not to exceed 64 square feet in area , with message limited to the name, address and phone number of the project, contractor, architect, and financial source shall be permitted . (2) Real estate signs shall be limited to one sign per street frontage , shall be unlighted and shall not exceed 64 square feet in area . (3) The following regulations shall apply to permanent signs for industrial uses : (a) All signs must be an integral and coordinated part of a site design plan for the entire complex. (b) One freestanding sign shall be permitted at the entrance to each individual site ; provided , that total sign area for any one face does not exceed 64 square feet. (c) One freestanding sign not higher than 25 feet shall be permitted at each main entrance to an industrial park . The message of said sign shall be limited to the name of the park and its occupant(s ) . Sign area of any one face shall not exceed 275 square feet . (d ) Wall signs shall be flush against the building and shall not exceed 25 percent of the total wall area , on which they are located less windows and doors . (e) Roof signs not greater than five feet above the peak of the roof and not extending beyond the roof it is located on shall be permitted . (4) For nonindustrial uses the following regulations shall apply: (a) One freestanding sign not to exceed 64 square feet in surface area per sign face. A maximum of two sign faces shall be allowed . Height of this sign shall not exceed 25 feet. ( b) Single-faced signs on walls or eaves not to exceed a cumulative total of 100 square feet in area . (c) Roof-mounted signs with a maximum of two faces per sign not to exceed a cumulative total of 100 square feet in surface area per face (or faces visible from one direction ) . These signs shall not extend laterally beyond the roof nor more than five feet above the highest point of the roof. (Ord . 88-29 , 1988) .