HomeMy WebLinkAboutord2005-032WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2005 --125
CLEARA:YCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Ori rnaror:
Roy
2/22!2005
F - @. �? - j�
cc. -- , LCD IJ
212212005
Introduction
Drivion (lead.
FEB ? X004
Dr 1. Head.
WHATCO Jl GOUNTY
COUNCIL
Prosecutor
Purchasing. Hudger:
£xecurrve:
TITLE OF DOCUMENT:
Interim ordinance sesonal restriction land clearing Lake Whatcom Watershed
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing? ( X ) Yes
SEPA review completed? ( ) Yes ( ) NO
Requested Date: 311 512 00 5
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
!rearing, you must provide the language for use in the required public notice. Be spec #7c and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Interim ordinance amending Whatcom County Code, Title 20, Section 20.80.735 to implement a seasonal restriction on land clearing activities within
the Lake Whatcom Watershed Water Resource Special Management Area between September 1 and April 30.
COMMITTEE ACTION:
COUNCIL ACTION:
212V2005: Introduced - will be discussed at special 311/2005 work
3/1/2005: Discussed in special work session
session
3/15/2005: Adopted 4 -3, Brenner, Nelson,
Crawford opposed, Ord. #2005 -032
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number: Ord. #2005 -032
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun T's website at: www.co.whatcom.wa.uslcouncil.
SPONSORED BY: Consent
PROPOSED BY: RTv
INTRODUCTION DATE: �2?In5
ORDINANCE NO. 2005 -032
AN INTERIM ORDINANCE AMENDING WCC, TITLE 20, SECTION 20.80.735 TO IMPLEMENT A
SEASONAL RESTRICTION ON LAND CLEARING ACTIVITIES WITHIN THE LAKE WHATCOM
WATERSHED WATER RESOURCE SPECIAL MANAGEMENTAREA BETWEEN SEPTEMBER 1
AND APRIL 30
WHEREAS, Lake Whatcom is the drinking water source for approximately half of the
residents of Whatcom County; and
WHEREAS, the preservation and protection of drinking water is a top priority of the Whatcom
County Council; and
WHEREAS, erosion, sedimentation, phosphorous and other pollutants associated with
increased land clearing and development within the Lake Whatcom watershed are of concern for a
number of reasons including their potential impacts on water quality and beneficial uses such as
drinking water and fish habitat; and
WHEREAS, priority actions to protect the Lake Whatcom drinking water supply should
include strategies to address potential water quality impacts resulting from existing and future
development; and
WHEREAS, the Washington State Department of Ecology has listed Lake Whatcom as an
impaired water body and placed Lake Whatcom on the federal Clean Water Act 303(d) list due to
low dissolved oxygen levels; and
WHEREAS, the 303(d) listing requires the establishment of a Total Maximum Daily Load
(TMDL) that designates loading capacity of the lake such thatthere will be no measurable change in
oxygen levels from natural lake conditions; and
WHEREAS, the State Department of Ecology has also recommended that Lake Whatcom be
placed on the 303(d) list for impairments resulting from the toxic pollutants PCB -1254, PCB -1260
and mercury, and that the Austin Creek, Park Place Drain, and Cable Street drainages be placed on
the 303(d) list as impaired for not attaining water quality criteria for bacteria; and
WHEREAS, the Whatcom County Comprehensive Plan, adopted on May 20, 1997,
establishes the Lake Whatcom watershed as a Special Study Area; and
WHEREAS, Whatcom County Code, Section 20.80.735 establishes the Lake Whatcom
watershed as a Water Resource Special Management Area; and
WHEREAS, on February 8, 2005, the Whatcom County Council adopted an ordinance
imposing an interim moratorium on the acceptance of new applications for subdivisions and new
Page 1
building permits within the Lake Whatcom watershed [ORD #2005 -027]; and
WHEREAS, the Whatcom County SEPA Official has determined that the proposed text
amendments are substantively the same as those reviewed under SEP02- 00089. A threshold
Determination of Non - Significance was issued on June 3, 2002 for SEP02 -00089 and that DNS
meets the requirements of SEPA for the proposed interim amendments; and
WHEREAS, RCW 36.70.790 and RCW 36.70.795 permits adoption of interim official
controls so long as a public hearing is held within 60 days of adoption; and
WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify
Council action; therefore, the Council makes the following findings of fact:
1. On October 7, 2003, the County Council adopted amendments to WCC, Section 20.80.735
that implemented seasonal land clearing limitations during the wet season within the Lake
Whatcom Water Resource Special Management Area [ORD #2003 -049].
2. The "wet season" has been defined as the period between September 1"and April 30`" of
each year.
3. The provisions of WCC 20.80.735 (2)(e) require administrative evaluation of seasonal
clearing activities and specify use of a "seasonal clearing site evaluation worksheet" to
conduct threshold review of proposed land clearing activities within designated Water
Resource Special Management Areas.
4. The seasonal clearing site evaluation worksheet establishes a point system for rating
proposed clearing activities based on site- and project- specific characteristics, including
hydrologic soil group, slope, clearing activity size, time of year, and proximity to wetland or
water body.
5. If a proposed clearing activity exceeds the maximum point threshold for clearing activities
during the wet season, the proposed clearing activity must be wait until the dry season.
Proposed clearing activities that do not exceed the maximum threshold may be conducted
during the wet season.
6. The Whatcom County Council desires the opportunity to review existing land clearing
regulations under WCC 20.80.735 — Water Resource Special Management Areas as they
apply within the defined wet season.
7. The Whatcom County Council desires the opportunity to review the merits and effectiveness
of the land clearing point system used to administer the seasonal clearing limitation
provisions within the Lake Whatcom watershed.
8. An interim seasonal restriction on land clearing activities within the Lake Whatcom
watershed during the defined wet season (September 1 to April 30) is necessary to allow
evaluation and discussion of options, as well as consideration of scientific and other data,
addressing newly revealed seasonal land clearing issues.
9. The Whatcom County Council finds that an interim restriction on seasonal land clearing
activities is necessary for the protection of the public health and safety.
Page 2
NOW, THEREFORE, BE IT
ORDAINED
by the Whatcom
County Council that WCC Title
20, Section 20.80.735 be amended
as shown in
Exhibit A.
BE IT FURTHER ORDAINED by the Whatcom County Council, pursuant to RCW
36.70.795, that this amendment shall be effective for not longer than six months following the
effective date of this ordinance, which may be renewed for one or more six -month periods if
subsequent public hearings are held and findings of fact are made prior to each renewal.
ADOPTED this 15 day of March , 2005.
N %%%%, ..... C
ATTE4 IjkTC. 0 ae,
Dana WowrT tNCa;:
Clerk o jje ct6mm •'
t
"1unina „•-
APP VED as to form
Loll� 4:
Civil Deputy Prosecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Laurie C
reiber, Council Chair
( pproved ( ) Denied
Pete Kremen, County Executive
Date: 3�
Page 3
March 1, 2005 EXHIBIT A
WCC Title 20, Chapter 20.80 - Supplementary Requirements
Water Resource Special Management Areas
20.80.735 Water resource special management areas.
(e) Seasonal Clearing Activity Limitations.
ll In the Lake Whatcom watershed, clearing activity, as defined in WCC 20.97.054,
that will result in exposed soils exceeding 500 square feet shall not be permitted from
September 1" through April 30". The technical administrator may approve an exemption to this
requirement if the action is deemed to be an emergency based upon an unanticipated and
imminent threat to public health, safety or the environment which requires immediate action
within a time frame too short to allow full compliance with this section. The technical
administrator shall have the authority to condition an emergency exemption to ensure that
temporary sediment and erosion control measures will be implemented. Upon abatement of the
emergency situation, the clearing activity shall be reviewed for consistency with this chapter and
may be subject to additional permit requirements.
aad 00 In the Lake Samish watersheds, during the wet season, from October 1st
through April 30th, clearing activities shall not be permitted i.vithin the Lake 14hatnem And I alk
Rwn:sh watersheds unless the technical administrator determines that erosion control measures
will control erosion and prevent silt -laden runoff from leaving the construction site:
(A+) Seasonal Clearing Activity Review. The technical administrator shall evaluate
clearing activities based on thresholds established in the seasonal clearing site evaluation
worksheet. The technical administrator shall use this worksheet to evaluate the following criteria
on a site -by -site basis: existing slope, soil type, proximity to wetlands, streams, shorelines and
other receiving waters (surface waters of the state), average rainfall /saturation of the proposed
month(s) of activity, and size of the area to be cleared or graded.
4A4 1. If the proposed clearing activity does not exceed the minimum
threshold established for seasonal clearing limitations, the proposed activity shall be exempt
from this section and shall be subject to the provisions of WCC 20.80.735(2)(a) through (d) and
(2)(f) as applicable.
(B� 2. If the proposed clearing activity meets the established thresholds for
seasonal clearing limitations, the proposed activity shall be subject to further review and
compliance under subsections (2)(e)(i)(B)(1) through (2)(e)(i)(B)(8) of this section as applicable:
4- a. Proposed activities meeting the criteria for seasonal clearing
limitations shall be further evaluated for site- specific conditions, including, but not limited to,
percent of vegetation to remain on -site, percent of impervious surfaces on -site, and adjacent
and /or potentially affected land uses.
b. Clearing and grading activities during the wet season will be
allowed only if a winter erosion and sediment control plan, which defines limits on clearing and
grading, timing and duration of clearing activity, specific erosion and sediment control
measures, and monitoring, is approved by the administrator.
3- c. An approved winter erosion and sediment control plan shall be
implemented and monitored by a certified erosion control operator. A certified erosion control
operator shall be an individual who has successfully completed formal training in erosion and
sediment control during construction by a recognized organization acceptable to the director. A
certification of successful completion of such erosion and sediment control training shall be
submitted at the time of application.
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March 1, 2005 EXHIBIT A
4 d. The applicant shall also provide a 24 -hour contact number for
emergency erosion and sediment control response during periods of clearing activities and site
stabilization.
e. The county may require a bond, assignment of savings or other
form of financial assurance in the amount of 125 percent of the estimated costs of the projected
maintenance of temporary sediment and erosion control facilities and the repair of degraded site
conditions related to the clearing activity. The performance assurance is to guarantee site
stabilization.
6-f. If, during the course of construction, silt -laden runoff leaves the
construction site, or if clearing activity limits or erosion and sediment control measures shown in
the approved plan are not maintained, a correction notice to implement adequate erosion and
sediment control measures shall be issued by the administrator. The developer shall implement
corrective measures, at the direction of the technical administrator, to address the problem
within 24 hours of issuance of the correction notice.
g_ If the erosion and sediment control problem defined in the
correction notice is not adequately addressed within 24 hours of issuance, then a stop work
order may be issued.
8- h. Issuance of a stop work order may also require the developer to
discontinue any further clearing activities, except for erosion and sediment control maintenance
and repair, until the end of the wet season.
�C4 3. If the proposed clearing activity exceeds the maximum established
threshold for seasonal clearing limitations, the technical administrator shall deny approval of the
proposed activity during the wet season.
(4i (8) Based upon the review criteria and thresholds under subsection (2)(e)(i) of
this section, the technical administrator shall set forth in writing the basis for approval or denial
of clearing activities during the wet season. If the applicant does not agree with the
determination made by the designated technical administrator, a request for an administrative
appeal may be submitted to the director within five working days. The director shall issue a final
decision within five working days of receipt of the appeal. The director's final decision may be
appealed to the Whatcom County hearing examiner pursuant to Chapter 20.84 WCC.
#0 u Exemptions. In addition to the clearing activities exempted under WCC
20.80.733, the following activities are exempt from the seasonal clearing limitations of this
section:
(A4 1. Activities exempted pursuant to subsection (2)(e)(i)(A) of this section;
(B) 2. Forestry activities related to an approved conversion option harvest
plan (COHP);
(G) 3. Routine maintenance and necessary repair of erosion and sediment
control facilities;
(Bj 4. Routine maintenance of public facilities or existing utility lines,
(€) 5. Revegetation and hardscaping activities required to stabilize a
disturbed site;
() 6. Clearing activities disturbing an area less than 500 square feet; and
(G) 7. Public or private response to emergencies that present an
unanticipated and imminent threat to public health, safety or the environment which requires
immediate action within a time frame too short to allow full compliance with this section. Upon
abatement of the emergency situation, the clearing activity shall be reviewed for consistency
with this chapter and may be subject to additional permit requirements.
An exemption from the seasonal land clearing requirements of this section does not
grant authorization for any work to be done in a manner which does not comply with other
provisions of this chapter or other applicable development regulations...
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