HomeMy WebLinkAboutord2014-0582014 -351
WHATCOM COUNTY COUNCIL AGENDA BILL NO.
CLEARANCES
Initial
Date
E. Douglas
ED
10/27/14
Originator:
G. Stoyka
Division Head:
F. Abart
Dept. Head:
D. Gibson
Prosecutor:
1029114
B. Bennett
J. uws
Exececutive: i 9h � /a-t' .
TITLE OF DOCUMENT:
Date Received in Council Office
REC EE V E D
NOV 0 4 2014
WHATCOM COUNTY
COUNCIL
enda Date Assigned to:
11/12/14 Introduction
11/25/14 Hearing
Ordinance Amending Whatcom County Code 16.20 Whatcom County Shellfish Protection Districts
ATTACHMENTS:
Memorandum, ordinance, and related exhibits
SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date: 11/12/14
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as
appropriate. Be clear in explaining the intent of the action.)
The attached ordinance extends the sunset date for the Drayton Harbor, Portage Bay, and Birch Bay Shellfish
Protection Districts to December 31, 2018. The four year extension matches term lengths for advisory committee
members. Public Works - Natural Resources staff recommends the continuation of the shellfish protection districts
and feels the work of these groups are vital in identifying and addressing pollution sources that are affecting
nearshore marine environments. These districts are also essential to the reclassification of downgraded shellfish
areas to approved status and to protecting threatened shellfish areas from future downgrades.
COMMITTEE ACTION:
COUNCIL ACTION:
11/12/2014: Introduced 7 -0
11/25/2014: Adopted 7 -0, Ord. 2014 -058
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
95 -036, 98 -069, 2000 -028, 2002 -069,
2004 -061, 2007 -003, 2008 -055, 2009-
042, 2010 -046, 2012 -055
Ord. 2014 -058
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.
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Eleventh Drayton Harbor /Portage Bay /Birch Bay Shellfish Ord. 2014
ORDINANCE NO. 2014- 058
SPONSORED BY: Consent
PROPOSED BY: Public Works
INTRODUCED: 11/12/2014
AMENDING WHATCOM COUNTY CODE 16.20
WHATCOM COUNTY SHELLFISH PROTECTION DISTRICT
11 WHEREAS, on July 18, 1995, the Whatcom County Council adopted
12 Ordinance 95 -036, creating the Drayton Harbor Shellfish Protection District, with a
13 sunset date of December 31, 1998; and
14 WHEREAS, on March 24, 1998, the Whatcom County Council amended the
15 Whatcom County Code Chapter 16.20 to create the Portage Bay Shellfish Protection
16 District; and
17 WHEREAS, the Whatcom County Council subsequently adopted Ordinances 98-
18 069, 2000 -028, 2002 -069, 2004 -061, 2007 -003, and 2008 -55, each extending the
19 sunset date for the Drayton Harbor and Portage Bay Shellfish Protection Districts by two
20 years; and
21 WHEREAS, on May 26, 2010, the Whatcom County Council amended the
22 Whatcom County Code Chapter 16.20 to create the Birch Bay Shellfish Protection
23 District; and
24 WHEREAS, the Whatcom County Council subsequently adopted Ordinances 2012-
25 055 and 2010 -046 extending the sunset date for the Drayton Harbor, Portage Bay, and
26 Birch Bay Shellfish Protection Districts by two years; and
27 WHEREAS, the Whatcom County Council adopted Ordinance 2012 -055 creating
28 four year terms for advisory committee members; and
29 WHEREAS, numerous efforts have occurred in the Drayton Harbor, Portage Bay,
30 and Birch Bay Shellfish Districts to eliminate or reduce pollutants that are affecting the
31 shellfish beds, through improved partnerships, cooperative efforts and increased
32 community involvement; and
33 WHEREAS, work needs to continue to ensure that approved shellfish harvest
34 areas maintain "approved" status, and remaining "conditionally approved" and
35 "prohibited" areas are reopened, and
36 NOW THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
37 sunset dates for the Drayton Harbor Shellfish Protection District, the Portage Bay
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38 Shellfish Protection District, and the Birch Bay Shellfish Protection District shall be
39 extended to December 31, 2018, as indicated in Exhibit A to this Ordinance.
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40 APOO 1"EIZ � day of November
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43 ATTE_M ;
44 of
45
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47 Clerk of the Runcil
48 "Irrrrr
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50 APPROVED AS TO FORM:
51
52
53 `
54 Daniel L. Gibson
55 Prosecuting Attorney
56
2014.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
Approves; ( ) Denied
Jack Louws
County Exe
" -)-/i//5l
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EXHIBIT A
57 Chapter 16.20
58 WHATCOM COUNTY SHELLFISH PROTECTION DISTRICTS
59 Sections.
60
16.20.010
Establishment and authority of district.
61
16.20.015
Purpose.
62
16.20.016
Establishment of program.
63
16.20.020
District boundaries.
64
16.20.040
Revenue authority.
65
16.20.045
Collection of charges or rates and exemptions.
66
16.20.050
Sunset date and dissolution of district.
67
16.20.060
Relationship with other entities.
68
16.20.065
Advisory groups.
69
16.20.090
Severability.
70 16.20.010 Establishment and authority of district.
71 There is hereby established the Drayton Harbor, Portage Bay, and Birch Bay shellfish
72 protection districts under the authority of Chapter 90.72 RCW, Shellfish Protection
73 1 Districts. (Ord. 2012-0-55;-Ord. 2010 -046; Ord. 2009 -042; Ord. 2008 -055 Exh. A; Ord.
74 2007 -003 Exh. A; Ord. 2004 -061; Ord. 2002 -069; Ord. 98 -019 Att. C; Ord. 95 -036).
75 16.20.015 Purpose.
76 The purpose of these districts is to provide services to citizens experiencing nonpoint
77 pollution of surface water drainages and coastal waters and to implement those
78 portions of the Drayton Harbor, Portage Bay, and Birch Bay closure response strategies
79 necessary to allow removal of the Drayton Harbor, Portage Bay, and Birch Bay
80 1 downgrades. (Ord. 2012-0-55;-Ord. 20120 -046; Ord. 2009 -042; Ord. 2008 -055 Exh. A;
81 Ord. 2007 -003 Exh. A; Ord. 2004 -061; Ord. 2002 -069; Ord. 98 -019 Att. C; Ord. 95-
82 036).
83 16.20.016 Establishment of program.
84 The Birch Bay Initial Closure Response Strategy, dated April 28, 2009, is hereby
85 adopted as the Birch Bay shellfish protection program. The Portage Bay Initial Closure
86 Response Strategy, dated February 10, 1998, and updated as the Portage Bay Shellfish
87 Recovery Plan- 2014 Update (Res. 2014 -027) is hereby adopted as the Portage Bay
88 shellfish protection program. The Drayton Harbor Shellfish Growing Area Initial Closure
89 Response Strategy, dated" 1995, and updated as the Drayton Harbor Shellfish
90 Protection District Recovery Plan- 2007 Update (Res. 2007 -024) is hereby-adopted as
91 the Drayton Harbor shellfish protection plan. (Ord. 2012 -055; Ord. 2010 -046; Ord.
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92 2009 -042; Ord. 2008 -055 Exh. A; Ord. 2007 -003 Exh. A; Ord. 2004 -061; Ord. 2002-
93 069; Ord. 98 -019 Att. Q.
94 16.20.020 District boundaries.
95 The Drayton Harbor shellfish protection district shall be the approximate area included
96 in the Drayton Harbor watershed and contained within the boundaries that are declared
97 as follows:
98 Commencing on the forty-ninth parallel at the point dividing the American and Canadian
99 territory in the Gulf of Georgia; thence easterly along said international boundary line to
100 the intersection of Markworth Road; thence southerly along the centerline of Markworth
101 Road to the intersection of Badger Road; thence easterly along the centerline of Badger
102 Road to the intersection of Glendale Road; thence southerly along the centerline of
103 Glendale Road to the intersection of Loomis Trail Road; thence westerly along the
104 centerline of Loomis Trail Road to the intersection of Bob Hall Road; thence southerly
105 along the centerline of Bob Hall Road to the intersection of Birch Bay Lynden Road;
106 thence westerly along the centerline of Birch Bay Lynden Road to the intersection of
107 Woodland Road; thence southerly along the centerline of Woodland Road to the
108 intersection of Harksell Road; thence easterly along the centerline of Harksell Road to
109 the intersection of Enterprise Road; thence southerly along the centerline of Enterprise
110 Road to the intersection of Aldergrove Road; thence westerly along the centerline of
111 Aldergrove Road to the intersection of Olson Road; thence northerly along the
112 centerline of Olson Road to the intersection of Grandview Road; thence westerly along
113 the centerline of Grandview Road to the intersection of Valley View Road; thence
114 northerly along the centerline of Valley View Road to the intersection of Bay Road;
115 thence westerly along the centerline of Bay Road to the intersection of Kickerville Road;
116 thence northerly along the centerline of Kickerville Road to the intersection of Birch Bay
117 Lynden Road; thence westerly along the centerline of Birch Bay Lynden Road to the
118 intersection of Blaine Road; thence northerly along the centerline of Blaine Road to the
119 intersection of Lincoln Road; then westerly along the centerline of Lincoln Road to
120 where it becomes Semiahmoo Parkway; thence following the centerline of Semiahmoo
121 Parkway to the intersection of Drayton Harbor Road; thence following a line running
122 off -shore to the point of origin in the Gulf of Georgia, plotted in such a manner as to
123 follow existing boundaries of land parcels.
124 The Portage Bay shellfish protection district shall be the approximate area included in
125 the Nooksack watershed and contained within the boundaries that are declared as
126 follows:
127 Commencing on the forty-ninth parallel at the intersection of Markworth Road; thence
128 easterly along said international boundary line to the easterly section line of Township
129 41 North, Range 3 East, Section 35; thence southerly along said section line to the
130 intersection of Halverstick Road; thence westerly along the centerline of Halverstick
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131 Road to the easterly section line of Township 40 North, Range 3 East, Section 3; thence
132 southerly along said section line to the northerly line of Township 40 North, Range 3
133 East, Section 11; thence easterly along said section line to the easterly section line of
134 Township 40 North, Range 3 East, Section 11; thence southerly along said section line
135 to the intersection of East Badger Road; thence easterly along the centerline of East
136 Badger Road to the intersection of Trap Line Road; thence southerly along the
137 centerline of Trap Line Road to the intersection with the City Limits of Everson; thence
138 proceeding easterly along the City Limits of Everson to the intersection with the City
139 Limits of Nooksack; thence proceeding along the City Limits of Nooksack to the easterly
140 section line of Township 40 North, Range 4 East, Section 31; thence southerly along
141 said section line to the northerly section line of Township 39 North, Range 4 East,
142 Section 5; thence easterly along said section line to the intersection with Nooksack
143 Road; thence southerly along the centerline of Nooksack Road to the intersection with
144 Hopewell Road; thence easterly along the centerline of Hopewell Road to the
145 intersection with Lawrence Road; thence southerly along the centerline of Lawrence
146 Road to the northerly section line of Township 39 North, Range 4 East, Section 21;
147 thence easterly along said section line to the westerly section line of Township 39
148 North, Range 4 East, Section 13; thence northerly along said section line to the
149 northerly section line of Township 39 North, Range 4 East, Section 1; thence easterly
150 along said section line to the westerly section line of Township 40 North, Range 5 East,
151 Section 31; thence northerly along said section line to the northerly section line of
152 Township 40 North, Range 5 East, Section 31; thence easterly along said section to the
153 westerly line of Township 40 North, Range 5 East, Section 28; thence northerly along
154 said section line to the northerly line of Township 40 North, Range 5 East, Section 4;
155 thence easterly along said section line to the westerly section line of Township 41
156 North, Range 5 East, Section 34; thence northerly along said section to the 49th
157 parallel; thence easterly along the 49th parallel to the easterly section line of Township
158 41 North, Range 5 East, Section 36; thence southerly along said section line to the
159 northerly section line of Township 40 North, Range 6 East, Section 6; thence easterly
160 along said section line to the easterly section line of Township 40 North, Range 6 East,
161 Section 5; thence southerly along said section to the northerly section line of Township
162 40 North, Range 6 East, Section 9; thence easterly along said section line to the
163 National Forest Boundary; thence proceeding southerly along said National Forest
164 Boundary to the boundary between Whatcom County and Skagit County; thence
165 westerly along said County boundary to the westerly section line of Township 37 North,
166 Range 5 East, Section 34; thence northerly along said section line to the southerly
167 section line of Township 37 North, Range 5 East, Section 21; thence westerly along said
168 section line to the westerly section line of Township 37 North, Range 5 East, Section
169 21; thence northerly along said section line to the southerly section line of Township 37
170 North, Range 5 East, Section 17; thence westerly along said section line to the westerly
171 section line of Township 37 North, Range 4 East, Section 13; thence northerly along
172 said section line to the southerly section line of Township 37 North, Range 4 East,
173 Section 11; thence westerly along said section line to the westerly section line of
174 Township 37 North, Range 4 East, Section 11; thence northerly along said section line
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175 to the southerly section line of Township 38 North, Range 4 East, Section 15; thence
176 westerly along said section line to the westerly section line of Township 38 North,
177 Range 4 East, Section 17; thence northerly along said section line to the southerly
178 section line of Township 38 North, Range 4 East, Section 7; thence westerly along said
179 section line to the westerly section line of Township 38 North, Range 4 East, Section 7;
180 thence northerly along said section line to the intersection of East Smith Road; thence
181 westerly along the centerline of East Smith Road to the easterly section line of
182 Township 39 North, Range 3 East, Section 31; thence southerly along said section line
183 to the intersection of Kelly Road; thence westerly along the centerline of Kelly Road to
184 the intersection of Guide Meridian; thence southerly along the centerline of Guide
185 Meridian to the southerly section line of Township 38 North, Range 2 East, Section 1;
186 thence westerly along said section line to the easterly section line of Township 38
187 North, Range 2 East, Section 11; thence southerly along said section to the southerly
188 line of Township 38 North, Range 2 East, Section 11; thence westerly along said section
189 to the easterly section line of Township 38 North, Range 2 East, Section 16; thence
190 southerly along said section line to the intersection with Bellingham Bay; thence
191 recommencing at the westerly section line of Township 38 North, Range 2 East, Section
192 20 in the Nooksack Delta; thence northerly along said section line to the northerly
193 section line of Township 38 North, Range 2 East, Section 17; thence easterly along said
194 section line to the centerline of the Nooksack River; thence following the centerline of
195 the Nooksack River to the intersection with the City Limits of Ferndale; thence westerly,
196 proceeding along the City Limits of Ferndale to the intersection with Mt. View Road;
197 thence westerly along the centerline of Mt. View Road to the intersection with the City
198 Limits of Ferndale; thence northerly, proceeding along the City Limits of Ferndale to the
199 intersection with Church Road; thence northerly along the centerline of Church Road to
200 the intersection of Aldergrove Road; thence easterly along the centerline of Aldergrove
201 Road to the intersection of Enterprise Road; thence northerly along the centerline of
202 Enterprise Road to the intersection of Harksell Road; thence westerly along the
203 centerline of Harksell Road to the intersection of Woodland Road; thence northerly
204 along the centerline of Woodland Road to the intersection of Birch Bay - Lynden Road;
205 thence easterly along the centerline of Birch Bay- Lynden Road to the intersection of
206 Bob Hall Road; thence northerly along the centerline of Bob Hall Road to the
207 intersection of Loomis Trail Road; thence easterly along the centerline of Loomis Trail
208 Road to the intersection of Glendale Road; thence northerly along the centerline of
209 Glendale Road to the intersection of West Badger Road; thence westerly along the
210 centerline of West Badger Road to the intersection of Markworth Road; thence northerly
211 along the centerline of Markworth Road to the forty -ninth parallel, POB.
212 The Birch Bay shellfish protection district shall be the approximate area of the Birch Bay
213 watershed and contained within the boundaries that are declared as follows:
214 The Birch Bay Stormwater Management Plan Sub Flood Zone comprises all or portions
215 of Sections 10, 11, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, and 36, Township 40
216 North, Range 1 West, Sections 1, 2, 3, 10, 11, 12, 13, 14, and 24, Township 39 North,
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217 Range 1 West, Sections 2 through 18, 21,22,23, 24, and 28, Township 39 North, Range
218 1 East, and Sections 19, 20, 29, 30, 31, 32, 33, Township 40 North, Range 1 East, of
219 Willamette Meridian; said Sub Flood Zone boundary more particularly described as
220 follows: (For the purposes of this description Section, Township, and Range may be
221 abbreviated as Section #, T # N., R # E. or W. and abbreviations NE for Northeast, NW
222 for Northwest, SW for Southwest, and SE for Southeast may be used.)
223 Commencing at the point of intersection of the Line of Ordinary High Tide of
224 Semiahmoo Bay with the Southwesterly line of Tract A, Plat of Boundary Ridge in
225 Section 10, T. 40 N., R. 1 W., said point being the True Point of Beginning; Thence
226 Southeasterly along said Southwesterly line of Tract A, and the Southeasterly extension
227 thereof, 646 feet, more or less, to the centerline of Semiahmoo Parkway; Thence
228 generally Southerly along the centerline of Semiahmoo Parkway 1.5 miles, more or less,
229 to the North -South Center Section Line of Section 14, T. 40 N., R. 1 W.; Thence
230 Northeasterly 750 feet, more or less, to a point 350 feet due South of the most
231 Westerly corner of Lot 65, Saint Andrew's Green Division IV — Phase A; Thence
232 Southeasterly 2000 feet, more or less, to the 1/4 Section Corner common to Sections 13
233 and 14, T. 40 N., R. 1 W.; Thence Southeasterly 1360 feet, more or less, to the SE
234 corner of the North 10 acres of the West 1/2 of the SW 1/4 of said Section 13; Thence
235 Southeasterly 2214 feet, more or less, to the SE corner of the West 20 acres of the NW
236 '/4 of the SE 1/4 of said Section 13; Thence Southeasterly 2380 feet, more or less, to the
237 NE Corner of Section 19, T. 40 N., R. 1 E.; Thence Southeasterly 1000 feet, more or
238 less, to the intersection of the centerlines of Seafair Drive and Oakridge Drive, Plat of
239 Harborview Estates; Thence Southeasterly 450 feet, more or less, to the SE corner of
240 Lot 17, said Plat of Harborview Estates; Thence Southeasterly 500 feet, more or less, to
241 the intersection of the centerlines of Glendale Drive and Bayshore Drive, Plats of said
242 Harborview Estates and Lincoln Green, Division No. 1; Thence Easterly 1015.73 feet
243 along the centerline of said Bayshore Drive to the center of the cul -de -sac at the
244 Easterly end of said Bayshore Drive; Thence Southeasterly 200 feet, more or less, to
245 the NW corner of the SW 1/4 of the NE 1/4 of said Section 19; Thence Southeasterly
246 2820 feet, more or less, to the NW corner of the South 330 feet of the SW 1/4 of the NW
247 1/4 of Section 20, T. 40 N., R. 1 E.; Thence Southeasterly 2750 feet, more or less, to the
248 NE corner of Croft's Short Plat; Thence Easterly 440 feet, more or less, to the NE corner
249 of the SE 1/4 of the SW 1/4 of said Section 20; Thence Southeasterly 1554 feet, more or
250 less, to a point on the Section Line common to said Sections 20 and 29, T. 40 N., R. 1
251 E., 500 feet Westerly of the NE corner of the NW 1/4 of the NE 1/4 of said Section 29;
252 Thence Southwesterly 1554 feet, more or less, to the SW corner of said NW 1/4 of the
253 NE 1/4 of said Section 29; Thence Southeasterly 1/4 mile, more or less to the SE corner
254 of Lot 92, plat of Double RR Ranch; Thence Southeasterly 875 feet, more or less, to the
255 NE corner of Lot 46, said Plat of Double RR Ranch; Thence Southerly 700 feet, more or
256 less, to the NE corner of Lot 39, said Plat of Double RR Ranch; Thence Southwesterly
257 540 feet, more or less, to the SW corner of Lot 26, said plat of Double RR Ranch;
258 Thence Easterly 460 feet, more or less, to the SE corner of Lot 37, said plat of Double
259 RR Ranch; Thence Southeasterly 962 feet, more or less, to the center of the SE 1/4 of
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260 the SE 1/4 of said Section 29; Thence Southeasterly 710 feet, more or less, to a point on
261 the North line of Section 32, T. 40 N., R. 1 E. 397 feet Westerly of the NE Corner of said
262 Section 32; Thence Southeasterly 2166 feet, more or less, to the center of the NW 1/4 of
263 Section 33, T. 40 N., R. 1 E.; Thence Easterly along the East -West centerline of said NW
264 1/4660 feet, more or less to the Northwesterly right -of -way line of the GNRR (BNSF)
265 Spur; Thence Southwesterly one mile, more or less, along said Northwesterly right -of-
266 way line to the Section Line common to said Section 32 and Section 5, T. 39 N., R 1 E.;
267 Thence Southeasterly 1458 feet, more or less to the NW corner of the SW 1/4 of the NW
268 1/4 of the NW 1/4 of Section 4, T. 39 N., R 1 E.; Thence Southeasterly 1476 feet, more or
269 less, to the NW corner of the SE 1/4 of the NW 1/4 of said Section 4; Thence Easterly
270 1320 feet, more or less, to the NE corner of said SE 1/4 of the NW 1/4; Thence
271 Southeasterly 3300 feet, more or less, to the NE corner of the SE 1/4 of the NE 1/4 of the
272 SE 1/4 of said Section 4; Thence Southeasterly 1361 feet, more or less, to the SE corner
273 of Lot 3, Grandview Highlands Short Plat in Section 3, T. 39 N., R 1 E.; Thence East
274 1320 feet, more or less, to the North -South Center Section Line of said Section 3;
275 Thence Southeasterly 4290 feet, more or less, to the SE corner of the SW 1/4 of the SW
276 1/4 of Section 2, T. 39 N., R 1 E.; Thence Southeasterly 2800 feet, more or less, to the
277 most Easterly corner of Lot A, Grandview Hill Estates Cluster Short Plat #2; Thence
278 Southeasterly 1050 feet, more or less, to a point on the East -West Center Section Line
279 of Section 11, T. 39 N., R 1 E., 1 rod Westerly of the NE corner of the NW 1/4 of the SE
280 1/4 of said Section 11; Thence Southwesterly 677 feet, more or less, to the midpoint of
281 the South line of the North 1/2 of the East 1/2 of the East 1/2 of said NW 1/4 of the SE 1/4;
282 Thence Southeasterly 841feet, more or less, to a point on the South line of the NE 1/4 of
283 the SE 1/4 of said Section 11, 355.71 feet Easterly of the SW corner of said NE 1/4 of the
284 SE 1/4; Thence Southeasterly 689 feet, more or less, to a point 105 feet West of the
285 center of the SE 1/4 of the SE 1/4 of said Section 11; Thence East 105 feet to said center
286 of the SE 1/4 of the SE 1/4; Thence Southeasterly 933 feet, more or less, to the NE
287 Corner of said Section 13, T. 39 N., R 1 E.; Thence Easterly 240 feet along the North
288 line of said Section 13; Thence Southeasterly 935 feet, more or less, to the NW corner
289 of Lot 2, Unruh Heights Short Plat; Thence Southeasterly 1462 feet, more or less, to a
290 point on the South line of the West 1/2 of the NE 1/4 of the NW 1/4 of said Section 13,
291 trod Westerly of the SE corner of said West 1/2; Thence Southeasterly 1483 feet, more
292 or less, to the Center of said Section 13; Thence Southeasterly to the SE corner of Lot
293 126, Plat of Pacific Highlands Division No. 4; Thence generally Southerly following along
294 the Easterly boundary line of said Plat to the SE corner of Lot 153 of said Plat; Thence
295 Southeasterly to the NW corner of Lot 8, Block 4, Plat of Pacific Heights Phase I,
296 Thence Southerly along the West line of said Plat 38.51 feet; Thence Southerly 275
297 feet, more or less, to a point on the South line of said Section 13, 285.5 feet West of
298 the SE corner of the SW 1/4 of the SE 1/4 of said Section 13; Thence Southeasterly 1325
299 feet, more or less, to a point on the South line of the NW 1/4 of the NE 1/4 of Section 24,
300 T. 39 N., R 1 E., 165 feet Westerly of the SE corner of said NW 1/4 of the NE 1/4; Thence
301 Westerly 495 feet, more or less, along the South line of said NW 1/4 of the NE 1/4 to the
302 SW corner of the SE 1/4 of said NW 1/4 of the NE 1/4; Thence Southwesterly to a point on
303 the North -South Center Section Line of said Section 24, 300 feet Southerly of the NE
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304 corner of the SE 1/4 of the NW 1/4 of said Section 24; Thence Southwesterly 1063 feet,
305 more or less, to a point on the South line of said SE 1/4 of the NW 1/4, 300 feet Westerly
306 of the SE corner of said SE 1/4 of the NW 1/4; Thence Northwesterly 1072 feet, more or
307 less, to a point on the West line of said SE 1/4 of the NW 1/4, 330 feet Northerly of the
308 SW corner of said SE 1/4 of the NW 1/4; Thence Northerly 990 feet, more or less, along
309 the West line of said SE 1/4 of the NW 1/4 to the center of the NW 1/4 of said Section 24;
310 Thence Northwesterly 738 feet, more or less, to the center of the South 1/2 of the NW
311 1/4 of the NW 1/4 of said Section 24; Thence Northwesterly 467 feet, more or less, to a
312 point on the South line of the North 1/2 of said NW 1/4 of the NW 1/4, 330 feet Easterly of
313 the SW corner of said North 1/2; Thence Northwesterly to a point on the North line of
314 said Section 24, 150 feet Easterly of the NW Corner of said Section 24; Thence
315 Northwesterly 427 feet, more or less, to a point on the West line of Section 13, T. 39
316 N., R. 1 E., 400 feet Northerly of the SW corner of said Section 13; Thence West 200
317 feet; Thence Southerly 400 feet, more or less, to a point on the South line of Section
318 14, T. 39 N., R. 1 E., 200 feet Westerly of the SE corner of said Section 14; Thence
319 Southwesterly 1300 feet, more or less, to the Northeast corner of the SE 1/4 of the NW
320 1/4 of the NE 1/4 of Section 23, T. 39 N. R. 1 E.; Thence Southerly 660 feet, more of less,
321 to the center of the NE 1/4 of said Section 23; Thence Northwesterly 1361 feet, more or
322 less, to the Northwest corner of the South 330 feet of the West 1/2 of the NW 1/4 of the
323 NE 1/4 of said Section 23; Thence Northerly 330 feet, more or less, to the Northwest
324 corner of the SW 1/4 of said NW 1/4 of the NE 1/4; Thence Northwesterly 933 feet, more
325 or less, to the Northwest corner of the NE 1/4 of the NE 1/4 of the NW 1/4 of said Section
326 23; Thence Westerly 2280 feet, more or less, along Section Line common to said
327 Sections 14 and 23, and Sections 15 and 22, T. 39 N., R 1 E. to a point 300 feet
328 Westerly of the Northeast Corner of said Section 22; Thence Southerly 1980 feet, more
329 or less, parallel with the East line of said Section 22, to the North line of the South 1/2
330 of the SE 1/4 of the NE 1/4 of said Section 22; Thence Southwesterly 752 feet, more or
331 less, to the midpoint of the North line of the NE 1/4 of the SE 1/4 of said Section 22;
332 Thence Southerly 330 feet, more or less, to the South line of the North 330 feet of said
333 NE 1/4 of the SE 1/4; Thence Southwesterly 955 feet, more or less, to a point on the
334 West line of said NE 1/4 of the SE 1/4 and 300 feet Northerly of the SW corner of said NE
335 1/4 of the SE 1/4; Thence Southwesterly 1063 feet, more or less to a point on the North
336 line of the SW 1/4 of the SE 1/4 300 feet Easterly of the NW corner of said SW 1/4 of the
337 SE 1/4; Thence Southwesterly 424 feet, more or less, to a point on the West line of said
338 SW 1/4 of the SE 1/4 300 feet Southerly of the NW corner of said SW 1/4 of the SE 1/4;
339 Thence Southwesterly 752 feet, more or less, to the NE corner of Lake Terrell Short
340 Plat; Thence Southwesterly 738 feet, more or less, to the SW corner of Lot A, Lake
341 Terrell Short Plat; Thence Northwesterly 1361 feet, more or less, to the NW corner of
342 the South 1/2 of the SW 1/4 of the SW 1/4 of said Section 22; Thence West 400 feet;
343 Thence Southwesterly 690 feet, more or less, to a point on the South line of Section 21,
344 T. 39 N., R. 1 E. and 600 feet Westerly of the SE corner of said Section 21; Thence
345 Southwesterly 725 feet, more or less, to a point on the North line of the South 1/2 of the
346 NE 1/4 of the NE 1/4 of Section 28, T. 39 N., R. 1 E. and 900 feet Westerly of the East
347 line of said Section 28; Thence Southerly, parallel with the East line of said Section 28,
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348 660 feet, more or less, to the North line of the SE 1/4 of the NE 1/4 of said Section 28;
349 Thence Southeasterly 725 feet, more or less, to a point on the North line of the South
350 1/2 of the SE 1/4 of the NE 1/4 of said Section 28 and 600 feet Westerly of the East line of
351 said Section 28; Thence Southwesterly 772 feet, more or less, to a point on the South
352 line of said NE 1/4 and 1000 feet Westerly of the East line of said Section 28; Thence
353 Southerly, parallel with the East line of said Section 28, 200 feet; Thence Westerly,
354 parallel with the East -West Center Section Line of said Section 28, 500 feet; Thence
355 Southwesterly 665 feet, more or less, to the midpoint of the East line of the West 1/2 of
356 the NW 1/4 of the SE 1/4 of said Section 28; Thence Southwesterly 675 feet, more or
357 less, to a point on the North -South Center Section Line of said Section 28 and 800 feet
358 South of the Center of said Section 28; Thence Northwesterly 1037 feet, more or less,
359 to the Northwest corner of the East 1/2 of the NE 1/4 of the SW 1/4 of said Section 28;
360 Thence Northwesterly 1476 feet, more or less, to the center of the NW 1/4 of said
361 Section 28; Thence Northeasterly 1322 feet, more or less, to a point on the North Line
362 of said Section 28 and 1245 feet Westerly of the North 1/4 Corner of said Section 28;
363 Thence Northeasterly 1/4 mile, more or less, to the point of intersection of the centerline
364 of Rainbow Road with the East -West centerline of the SW 1/4 of Section 21, T. 39 N., R.
365 1 E.; Thence Northwesterly 0.4 miles, more or less, along said centerline of Rainbow
366 Road to the South line of the North 1/2 of the SW 1/4 of the NW 1/4 of said Section 21;
367 Thence Northwesterly 752 feet, more or less, to the midpoint of the North line of the
368 West 1/2 of said SW 1/4 of the NW 1/4; Thence Northerly 1320 feet, more or less, parallel
369 with the West line of said Section 21, to North Line of said Section 21; Thence
370 Northeasterly 1650 feet, more or less, to the center of the SW 1/4 of Section 16, T. 39
371 N., R. 1 E.; Thence Northeasterly 1361 feet, more or less, to a point on the East -West
372 Center Section Line of said Section 16 and 990 feet Westerly of the Center of said
373 Section 16; Thence Northeasterly 0.4 miles, more or less, to the Southeast corner of Lot
374 2, Lake Terrell Mobile Ranch Short Plat; Thence Northwesterly 483 feet, more or less, to
375 a point on the South Line of Section 9, T. 39 N., R. 1 E. and 208 feet Westerly of the SE
376 corner of the SW 1/4 of the SE 1/4 of the SW 1/4 of said Section 9; Thence Northwesterly
377 1023 feet, more or less, to the midpoint of the North line of the South 330 feet of the
378 North 3/4 of the East 1/2 of the SW 1/4 of the SW 1/4 of said Section 9; Thence
379 Southwesterly 1190 feet, more or less, to the Southwest Corner of said Section 9;
380 Thence Southwesterly 1650 feet, more or less, to the SW corner of the North 3/4 of the
381 NE 1/4 of the NE 1/4 of Section 17, T. 39 N., R. 1 E.; Thence Southwesterly 1325 feet,
382 more or less, to a point on the North -South Center Section Line of said Section 17 and
383 1100 Southerly of the North 1/4 Corner of said Section 17; Thence Southwesterly 696
384 feet, more or less, to the midpoint of the South line of the NE 1/4 of the NW 1/4 of said
385 Section 17; Thence Northwesterly 696 feet, more or less, to a point on the West line of
386 said NE 1/4 of the NW 1/4 and 1100 feet Southerly of the NW corner of said NE 1/4 of the
387 NW 1/4; Thence Northwesterly 1354 feet, more or less, to a point on the West Line of
388 said Section 17 and 800 feet Southerly of the NW Corner of said Section 17; Thence
389 Northwesterly 5284 feet, more or less, to a point on the East Line of Section 13, T. 39
390 N., R. 1 W. and 600 feet Southerly of the NE Corner of said Section 13; Thence
391 Southerly 5000 feet, more or less, along said East Line of Section 13 and the East Line
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392 of Section 24, T. 39 N., R. 1 W. to the Line of Ordinary High Tide of the Strait of
393 Georgia; Thence generally Northerly, following along the Line of Ordinary High Tide of
394 the Strait of Georgia, Birch Bay, and Semiahmoo Bay, 15 miles, more or less, to the
395 True Point of Beginning.
396 (Ord. 2010 -046; Ord. 2009 -042; Ord. 2008 -055 Exh. A; Ord. 2007 -003 Exh. A; Ord.
397 2004 -061; Ord. 2002 -069; Ord. 98 -019 Att. C; Ord. 95 -036).
398 16.20.040 Revenue authority.
399 The revenue authorities granted under Chapter 90.72 RCW shall be exercised at the
400 discretion of the board of supervisors, which shall be the county council for the
401 1 operation of these districts. (Ord. 2012-0-55;-Ord. 2010 -046; Ord. 2009 -042; Ord. 2008-
402 055 Exh. A; Ord. 2007 -003 Exh. A; Ord. 2004 -061; Ord. 2002 -069; Ord. 98 -019 Att. C;
403 Ord. 95 -036).
404 16.20.045 Collection of charges or rates and exemptions.
405 Property owners within these shellfish protection districts may be assessed charges or
406 rates as allowed by Chapter 90.72 RCW to finance the shellfish protection programs.
407 The owner of any property within a shellfish protection district which is exempt from
408 charges or rates because such property is subject to the National Pollution Discharge
409 Elimination System as specified in RCW 90.72.070 shall demonstrate such exemption
410 annually to the county assessor. If evidence of exemption is not provided, the property
411 will automatically convert from exempt status and the property will be subject to
412 charges or rates. Land exempt from charges and rates as specified in RCW 90.72.070
413 because of its forest land classification will automatically convert from exempt status if
414 1 the land classification changes and will be subject to charges or rates. (Ord. 2012 -055;
415 Ord. 2010 -046; Ord. 2009 -042; Ord. 2008 -055 Exh. A; Ord. 2007 -003 Exh. A; Ord.
416 2004 -061; Ord. 2002 -069; Ord. 98 -019 Att. Q.
417 16.20.050 Sunset date and dissolution of district.
418 The Drayton Harbor shellfish protection district shall be dissolved on December 31,
419 28I42018, unless specifically extended by ordinance of the county legislative authority,
420 or upon the removal of the downgrade. The Portage Bay shellfish protection district
421 shall be dissolved and this chapter repealed on December 31, 20- 1-42018, unless
422 specifically extended by ordinance of the county legislative authority, or upon the
423 removal of the downgrade. The Birch Bay shellfish protection district shall be dissolved
424 and this chapter repealed on December 31, 2GIQ018, unless specifically extended by
425 ordinance of the county legislative authority, or upon the removal of the downgrade.
426 These districts may also be dissolved by the county legislative authority by ordinance.
427 The county legislative authority shall review the continued need for these districts four
428 months prior to their sunset dates. (Ord. 2012-0-55;--Ord. 2010 -046; Ord. 2009 -042;
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429 Ord. 2008 -055 Exh. A; Ord. 2007 -003 Exh. A; Ord. 2004 -061; Ord. 2002 -069; Ord.
430 2000 -028; Ord. 98 -069; Ord. 98 -019 Att. C; Ord. 95 -036).
431 16.20.060 Relationship with other entities.
432 No program or activity proposed by the district shall replace or consolidate existing
433 activities performed by cities or other non - County provided water - related special
434 purpose districts without their consent. In formulating new programs, consultation and
435 coordination shall occur with cities and other water - related special districts. (Ord. 2012-
436 055; Ord. 2010 -046; Ord. 2009 -042; Ord. 2008 -055 Exh. A; Ord. 2007 -003 Exh. A; Ord.
437 2004 -061; Ord. 2002 -069; Ord. 98 -019 Att. C; Ord. 95 -036).
438 A. 16.20.065 Advisory groups. The advisory committees shall comply with Whatcom
439 County Code (WCC) 2.03, Boards and Commissions.
440 B. The board of supervisors shall appoint advisory committees of not more than 11
441 members to advise on the overall operations of these districts. Two positions on
442 each of the advisory committees will be available for tribal representation. In
443 establishing district advisory committees, all members shall have a direct interest
444 in the district. (Ord. 2012 -055; Ord. 2010 -046; Ord. 2009 -042 Att. C; -Ord. 2008-
445 055 Exh. A; Ord. 2007 -003 Exh. A; Ord. 2004 -061; Ord. 2002 -069; Ord. 98 -019
446 Att. C; Ord. 95 -036).
447 C. en each
448 .
449 The remaining members of each advisery cernmittee shall serve a feur year t
450 Member terms will be four
451 years, unless otherwise required by the Revised Code of Washington (RCW).
452 D. Each advisory committee shall dissolve when its related district dissolves per
453 WCC 16.20.050.
454
455 16.20.090 Severability.
456 If any provision of this chapter is found to be invalid, all remaining provisions shall
457 1 continue in effect. (Ord. 2012-0-55;-Ord. 2010 -046; Ord. 2009 -042 Att. C; Ord. 2008-
458 055 Exh. A; Ord. 2007 -003 Exh. A; Ord. 2004 -061; Ord. 2002 -069; Ord. 98 -019 Att. C;
459 Ord. 95 -036).
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