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CLEARANCES
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dm de Vera Pederson
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Date
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Dote Received in Council0 ice
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FEB 012004
WHATCOM COUNTY
A enda Date
2 /8 /05
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Division Head
Svraacoodwm
2/22/05
Hearing
Dept Head
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Prosecutor
Karen Privies
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Purchasing: Budget
COUNCIL
Pete K.emen
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TITLE OF DOCUMENT:
Resolution conditionally approving the Samish Water Disrrct Comprehensive Sewer Plan.
ATTACHMENTS:
(1) Proposed Resolution
(1) Staff Report
Note: The Samish Water District Comprehensive Sewer Plan is on file with the Council Office.
SEPA review required? ( X ) Yes ( ) NO
SEPA review completed? ( X ) Yes ( ) NO
Should Clerk schedule a hearing? ( X ) Yes ( ) NO
Requested Date: February 8, 2005
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.)
Pursuant to RCW 57.16.010(6), the County legislative authority must approve, conditionally approve, or reject a comprehensive
sewer plan pursuant to the criteria established in 57.02.040 RCW. The request is to approve a Resolution conditionally approving the
Samish Water District Comprehensive Sewer Plan in accordance with this criteria.
COMMITTEE ACTION.•
COUNCIL ACTION:
2/6/2005: Introduced
2/22/2005: Approved 7 -0, Res. #2005 -011
Related County Contract Al:
Related File Numbers:
Ordinance or Resolution
Number: Res. #2005 -011
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's website at: www.co.whateo rtwa.us/council.
Sponsored by: cons wt
Proposed by: PDS
Introduction date: 21slo
RESOLUTION NO. 2005 -011
CONDITIONALLY APPROVING THE SAMISH WATER DISTRICT
COMPREHENSIVE SEWER PLAN
WHEREAS, State law (RCW 57.16.010(6)) requires County Council to approve, conditionally
approve, or reject comprehensive sewer plans; and
WHEREAS, a determination of non - significance was issued pursuant to the State
Environmental Policy Act on November 16, 2004; and
WHEREAS, the Whatcom County Division of Engineering approved the Samish Water
District Comprehensive Sewer Plan on December 17, 2004; and
WHEREAS, the Whatcom County Health Department approved the Samish Water District
Comprehensive Sewer Plan on January 13, 2005; and
WHEREAS, the Washington State Department of Ecology was notified of the Samish Water
District Comprehensive Sewer Plan update; and
WHEREAS, the Washington State Department of Health was notified of the Samish Water
District Comprehensive Sewer Plan update; and
WHEREAS, the Samish Water District Comprehensive Sewer Plan was submitted to the
Whatcom County Council for review and action on December 17, 2004; and
WHEREAS, under the provisions of state law, the Whatcom County Comprehensive Plan,
and the County -wide Planning Policies, public facilities and public services to rural areas must be
provided at rural levels and should not be used as a basis for rezoning property; and
WHEREAS, the County Council reviewed the Samish Water District Comprehensive Sewer
Plan for compliance with the approval criteria set forth in RCW 57.16.010(6) and RCW 57.02.040
and finds that the plan satisfies these criteria, subject to certain conditions.
NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby approves
the Samish Water District Comprehensive Sewer Plan, dated November 2004, subject to the
following conditions:
1. Any proposed changes or revisions to the approved document must be submitted to the
Whatcom County Council, and the Departments of Planning & Development Services,
Health & Human Services, and Public Works in theform of addenda, technical appendices,
or supplemental reports to the original approved document. Revisions must be approved by
the County Council and the aforementioned departments prior to submitting plans and
specifications for the proposed facilities for review and approval.
2. Provision of sewer service to areas designated as Rural shall not be used to facilitate
development that is of an urban nature, norshall sewerservice provides basis for rezoning
properties designated Suburban Enclave, Rural, Rural Forestry, or Commercial Forestry
under the Comprehensive Plan.
3. Any work performed within County right -of -way requires a revocable encroachment permit
from the Whatcom County Engineering Division office.
4. Disturbances should be kept to a minimum for County road surfaces.
5. Placement of any new sewer lines and appurtenances outside the existing pavement for any
improved County roads is encouraged where possible.
6. Should the Samish Water District have future plans to service any adjacent properties,
arrangements to accommodate those properties should be constructed before the road
projects are completed so that the public road would not be excavated and patched.
``�OG�is/''i 2 day of February 2005.
U
Ty�NATCOfj C�� <�'i WHATCOM COUNTY COUNCIL
,.
W,HAATCOM COUNTY, WASHINGTON
(-r
a B Ris ;Clerk of the Council Laurie Caskey- Schreiber, Council Chair
APPROVED'ASTO FORM:
Civil Deputy Prosecutor
Samish Water District January 31, 2005
Comprehensive Sewer Plan Staff Report Page 1
WHATCOM COUNTY
PLANNING & DEVELOPMENT SERVICES
STAFF REPORT
I. BACKGROUND INFORMATION
Subject: Comprehensive Sewer Plan
Applicant: Samish Water District
Summary of Request: County Council approval of the Samish Water-District Comprehensive
Sewer Plan per RCW 57.16.010(6).
SEPA: The Samish Water District issued a SEPA determination of non - significance (DNS) on
November 16, 2004,
Whatcom County Division of Engineering Approval: December 17, 2004
Whatcom County Department of Health & Human Services Approval: January 13, 2005
State Department of Ecology: A letter from the State Department of Ecology is still pending.
State Department of Health: The Water District has provided a courtesy notice of the
Comprehensive Sewer Plan update to the State Department of Health. However, a letter of
approval, conditional approval, or denial is not required from the Department due to the nature of
the update.
County Council Timeframe: The Samish Water District Comprehensive Sewer-Plan was
submitted to the Whatcom County Council for review and action on December 17, 2004.
Pursuant to RCW 57.16.010(6), the Whatcom County Council shall approve, conditionally
approve, or reject the comprehensive sewer plan within 90 days of receiving the plan, or within
30 days of holding a public hearing on the plan if such a hearing is held within the 90 -day time
period.
II. ANALYSIS OF THE PROPOSED AMENDMENT
The factors to be considered in evaluating a comprehensive sewer plan are set forth in RCW
57.16.010(6) and RCW 57.02.040(3). These factors are addressed below.
(A) Whether the proposed action in the area under consideration is in compliance with
the development program that is outlined in the county comprehensive plan, or
city or town comprehensive plan where appropriate, and its supporting
documents.
The Samish Water District currently owns and operates wastewater facilities within both
Whatcom County and Skagit County. For the purposes of this review, only that portion of the
Plan as it applies within Whatcom County jurisdiction will be examined.
Sam ish Water District January 31, 2005
Comprehensive Sewer Plan Staff Report Page 2
Lands located within the Samish Water District boundaries are designated by the official
Whatcom County Comprehensive Plan map as: Suburban Enclave, Crossroad Commercial,
Rural, Rural Forestry, Commercial Forestry and Public/Recreation. The following zoning districts
implement the four comprehensive plan designations:
• Crossroad Commercial— Neighborhood Commercial (NC)
• Suburban Enclave — Residential Rural two dwellings /acre (RR2)
• Rural— Rural one dwelling/two acres (R2A), Rural one dwellingffive acres (R5A),
Rural one dwelling /ten acres (1310A)
• Rural Forestry — Rural Forestry (RF)
• Commercial Forestry — Commercial Forestry (CF)
• Public/Recreation — Recreation Open Space (ROS)
Whatcom County Comprehensive Plan Goals and Policies
Rural Lands -Rural Services
Goal 2EE: Ensure that rural areas are provided with services consistent with the rural
character and that development patterns do not encourage an increased service
level or degrade water quality.
Policy 2EE-4: Discourage urban levels of water and sewer service extensions or expansions to
serve development outside of Urban Growth Areas, Small Towns,
Resort/Recreational Subdivisions, and the Gateway Industrial Transportation
Corridor, except in those limited circumstances shown to be necessary to
protect basic public health, public safety, and the environment and when
such services are financially supportable at rural densities and do not permit
urban development.
Rural Lands — Suburban Enclaves
Policy 2LL -2: Confine development to existing zoning in suburban enclaves and allow in -fill
subject to adequate road capacity, water supply and sewer service or the ability to
utilize septic systems. Limit other services to rural service levels.
Utilities — Sewage Treatment
Policy 5T -1: Discourage extension of sewer lines in areas not designated as urban growth
areas, Small Towns, Resort/Recreational Subdivisions, or the Gateway Industrial
Transportation Corridor, unless there are serious public health or
environmental concerns.
To date, there is no public water service available to serve development within the Lake Samish
watershed. Lake Samish itself, aside from a few groundwater wells, serves as the primary water
source for Samish area residents. The Samish Water District (formerly Whatcom County Water
District No. 12), which was created in 1970 and voter- approved in 1972, was originally formed to
provide public sewer service to properties within the Lake Samish watershed in an effort to
protect the water quality of Lake Samish which was being adversely impacted by on -site septic
systems in the area.
Samish Water District January 31, 2005
Comprehensive Sewer Plan Staff Report Page 3
The District's primary sewer service area within Whatcom County is the Lake Samish watershed
which is served by the "Lake Samish Collection System" that currently provides service to
approximately 360 parcels. The Samish Water District also provides public wastewater service
to Whatcom Meadows Campground (approximately 160 acres located east of Reed Lake) via
the Alger /Cain Lake Road Force Main that flows directly to the City of Burlington in Skagit
County. Parcels south of Whatcom Meadows are also allowed to connect to the Alger /Cain Lake
Road Force Main, provided that such parcels directly abut the force main and that property
owners enter into a sewer service agreement with the District.
The predominant Whatcom County Comprehensive Plan designations within the District
boundaries are Suburban Enclave and Rural. Areas designated as Suburban Enclave are
located in the Lake Samish watershed (ORD #2003 -007). The Land Use chapter of the
Comprehensive Plan recognizes suburban enclaves as being characterized by existing non-
conforming rural residential development patterns and, more specifically, Policy 2LL -2 identifies
such areas as being appropriate for infill provided that adequate services are available, including
sewer service. The remainder of the area within the District's boundaries are primarily
designated Rural. Comprehensive Plan Goal 2EE specifies that rural areas should be provided
with services that are consistent with the rural character and, in the event that provision of water
and sewer service are necessary to protect the basic public health, safety and the environment,
such services should be financially supportable at rural densities and should not permit urban
levels of development.
As the Samish Water District is not currently proposing to expand its adopted boundaries, and
as the District continues to provide public sewer service necessary to protect the public health,
safety, and environment within the Lake Samish watershed, Planning staff concludes that the
Samish Water District Comprehensive Sewer Plan is consistent with the goals and policies of
the Whatcom County Comprehensive Plan as they relate to land use.
(B) Whether the proposed action in the area under consideration is in compliance with
the basin -wide water and /or sewage plan as approved by the State Department of
Ecology and the State Department of Health (formerly Social and Health Services).
In an e-mail of October 20, 2004, Jeff Hegedus — Environmental Health Supervisor for the
Whatcom County Health and Human Services Department stated that he is not aware of a
"basin -wide sewer plan" that has been approved for Whatcom County. On October 22, 2004,
Mark Henderson of the Washington State Department of Ecology, also stated that his office is
not aware of such a basin -wide plan. Therefore, as a State approved Whatcom County "basin -
wide" sewage plan has not been identified, this criterion is not applicable.
(C) Whether the proposed action is in compliance with the policies expressed in the
county plan for water and /or sewage facilities.
As discussed previously, the primary purpose of the Samish Water District's original formation
was to provide public sewer service to properties in the Lake Samish area to protect the quality
of water in Lake Samish which was being adversely impacted by septic systems, thereby
protecting the health and safety of the Lake Samish community. Comprehensive Plan Policies
2EE -4 and 5T -1 specify that public sewer extension should be allowed "in those limited
circumstances shown to be necessary to protect basic public health, public . safety, and the
environment" provided that such services are "financially supportable at rural densities'.
Samish Water District January 31, 2005
Comprehensive Sewer Plan Staff Report Page 4
As the Samish Water District Plan continues to propose service that is consistent with
Comprehensive Plan policies 2EE -4 and 5T -1, and as the District's service boundaries are not
currently proposed for expansion, Planning Staff concludes that the Samish Water District
Comprehensive Sewer Plan is in compliance with the goals and policies expressed in the
Whatcom County Comprehensive Plan as they relate to provision of public sewer facilities.
(Note: The formation of the Samish Water District and its associated boundaries pre -date the
adoption of the 1997 Whatcom County Comprehensive Plan.)
(D) The comprehensive sewer system plan shall not provide for the extension or
location of facilities that are inconsistent with the requirements of RCW
36.70A.110.
The Growth Management Act, at 36.70A.110(4) RCW, states that: "In general, it is not
appropriate that urban governmental services be extended to or expanded in rural areas except
in those limited circumstances shown to be necessary to protect basic public health and safety
and the environment and when such services are financially supportable at rural densities and
do not permit urban development." Whatcom County Comprehensive Plan Goal 2EE and
Policies 2EE -4 and 5T -1 were adopted in accordance with this provision of the GMA.
As the Samish Water District Plan continues to propose service that is consistent with RCW
36.70A. 110(4), Planning staff concludes that the updated Samish Water District Comprehensive
Sewer Plan is consistent with the Growth Management Act as it relates to extension or location
of public facilities or services.
(Note: The formation of the Samish Water District and its associated boundaries pre -date the
enactment of the Washington State Growth Management Act.)
III. RECOMMENDATION
Based upon the above analysis, it is recommended that the Whatcom County Council approve the
Samish Water District Comprehensive Sewer Plan, as adopted by the Samish Water District Board
of Commissioners, subject to the following conditions:
1. Any proposed changes or revisions to the approved document must be submitted to the
Whatcom County Council, and the Departments of Planning & Development Services,
Health & Human Services, and Public Works in the form of addenda, technical appendices,
or supplemental reports to the original approved document. Revisions must be approved by
the County Council and the aforementioned departments prior to submitting plans and
specifications for the proposed facilities for review and approval.
2. Provision of sewer service to areas designated as Rural shall not be used to facilitate
development that is of an urban nature, nor shall sewer service provide a basis for rezoning
properties designated Suburban Enclave, Rural, Rural Forestry, or Commercial Forestry
under the Comprehensive Plan.
3. Any work performed within County right -of -way requires a revocable encroachment permit
from the Whatcom County Engineering Division office.
Sam ish Water District January 31, 2005
Comprehensive Sewer Plan Staff Report Pace 5
4. Disturbances should be kept to a minimum for County road surfaces.
5. Placement of any new sewer lines and appurtenances outside the existing pavement for any
improved County roads is encouraged where possible.
6. Should the Samish Water District have future plans to service any adjacent properties,
arrangements to accommodate those properties should be constructed before the road
projects are completed so that the public road would not be excavated and patched.
IV. EXHIBITS
A. Samish Water District Comprehensive Sewer (Note: This document is on file in the County
Council office.)
B. Samish Water District Resolution No. 09 -04, dated December 9, 2004
C. Whatcom County Division of Engineering letter of December 17, 2004
D. Whatcom County Health & Human Services Department letter of January 13, 2005
EXHIBIT B
Resolution No. 0804
A RESOLUTION of the Board of Commissioners
of Samish Water District, Whatcom County, Washington,
authorizing the adoption of the Comprehensive Sewer Plan
dated November 2004
WHEREAS, the updated Sewer Comprehensive Plan, dated November 2004, for
Samish Water District, has been prepared at the request of the Board of Commissioner,
and;
WHEREAS, the updated Sewer Comprehensive Plan has been prepared in
accordance with the Washington State Department of Ecology (DOE) guidelines as
presented in WAC 173240 -50 by Wilson Survey /Engineering, and;
WHEREAS, the updated Sewer Comprehensive Plan provides a comprehensive
overview of the existing sewage installations and treatment facilities currently operated and
maintained by Samish Water District, and;
WHEREAS, in addition, the updated Sewer Comprehensive Plan addresses
Proposed future facilities development, population growth and treatment alternatives,
NOW, THEREFORE, BE IT RESOLVED, by the Board of Commissioners of Samish
Water District, Whatcom County, Washington, that the Sewer Comprehensive Plan, dated
November 2004, a copy of which is attached to this Resolution and incorporated herein by
this reference is hereby adopted, and;
BE IT FURTHER RESOLVED, that any resolution or part of resolutions previously
adopted by the District which are in conflict with this resolution are hereby repealed or
amended insofar as they conflict with the provisions of this Resolution.
ADPOTED by the Board of Comi
County, Washington, at a Regular Meeting
By:
APPROVED IN FORM:
By:
istri Attorney
Z d 9dE HHE9'ON /s ll 1S /U:k 6001 01 030(oHll
District, Whatcom
er, 2004.
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1510 H31wm HSINtlS Val
WHATCOM COUNTY
PUBLIC WORKS DEPARTMENT
JEFFREY M. MONSEN, P.E.
Director
Amy de Vera Pederson
Planner II
Whatcom County
Planning and Development Services
5280 Northwest Drive
Bellingham, WA 98226
.� M co DIVISION OF ENGINEERING
�y JOSEPH P. RUTAN, P.E.
3 "3 „ -:.'y < County Road Engineer /Assistant Director
4"'� ! 5280 Northwest Drive, Suite C
'rf4iN4<C Bellingham, WA 98226 -9098
Phone: (360) 676- 6730;(360)380 -8110
Fax: (360) 676 -6558
December 17, 2004
Subject: Review and Approval of Comprehensive Sewer Plan for Samish Water District
Dear Ms: de Vera Pederson:
In accordance with RCW 57.16.010(6), we have reviewed and do hereby approve of the
Comprehensive Sewer Plan for Samish Water District.
Note that any work performed within County right -of -way requires a revocable encroachment
permit from our Engineering Division office.
Whatcom County would like to see disturbances kept to a minimum for County road surfaces.
With that in mind, we encourage that any new water or sewer lines and appurtenances be placed
outside the existing pavement for any improved County roads, where possible.
Additionally, should Samish Water District have future plans to service any adjacent properties,
arrangements to accommodate those properties should be constructed before the road projects are
completed. In that way, the public road would not be excavated and patched.
We look forward to coordinating all necessary work with the district; Gene Altman is our contact
for any work within County rights -of -way.
Please do not hesitate to contact us in the future with any concerns or questions at (360 -676-
6730).
cc: Gene Altman
Sincere
i
Joe Rutan, P.E.
County Road Engineer
EXHIBIT C
I: DEVELOPMEN- PCompPIanBoilerPlateLtr.doc
January 13, 2005
Elizabeth A. Sterling
Wilson Engineering LLC
805 DuPont Street, Suite 7
Bellingham, Washington 98225
SUBJECT: Samish Water District
Comprehensive Sewer Plan — 2004 Update
Dear Ms. Sterling:
On November 17, 2004 the Whatcom County Health Department (WCHD)
received the document titled Samish Water District Comprehensive Sewer
Plan dated November 2004. WCHD has reviewed this document and,
pursuant to RCW 57.16.010(6), hereby APPROVES the plan.
Section II.V.A.2 Lake Samish Treatment Lagoons- Sludge Removal Project
indicates that lagoon sludge will be disposed in a certified landfill. Please note
that lagoon sludge may alternatively be disposed through land application, as
a beneficial reuse, as per WAC 173 -308, Biosolids Management. This
comment is not required to be incorporated into the proposed planning
document.
Please feel free to call me at (360) 676 -6724 if there are questions.
Sincerely,
Jeffrey A. Hegedus
Environmental Health Supervisor
Certified Mail EXHIBIT D