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HomeMy WebLinkAboutord2004-016H HATCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -075D CLEARANCES Initial Dare a Date Resulted L, ensure Office Agenda Dale Assigned to: Oentire or: Jeff Clachato v 9126103 n 2 2 �l pq 2 RD F E 0 V E ��� 30 2003 WHATCOM COUNTY COUNCIL 10 -7 -03 Introduction Natural Resources/ Council Divisim: Head: srmm Goodwin W'' 0 -21 -03 Dept. Head: Hal Harr ill (;) I. 5 D3 11 CDUN Prosecutor: Karen printer I C, ' " "'' ° "' "g'B " °g "` I l 04 M NEAR I N Executive: Pete Kremen � SUBJECT: Ordinance adopting amendments to Chapter II Environment of the Whareom County Comprehensive Plan. ATTACHMENTS: (1) Proposed ordinance reflecting the Planning Commission's recommendations (2) Planning Commission Findings of Fact& Reasonsfor Action, Conclusions, and Recommendations (3) Planning Commission minutes :Vote: Background materials are available for review at the Chronic Council other. SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( xn) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: I A hearing usual be held if tire Council changes the Planning Commission recommendation( WCC 20.10.110. SUMMARY STATEMENT: Amending the Environment Chapter of the Distribution Request Whatcom County Comprehensive Plan. The purpose of this review is to ensure compliance with the Growth Management Act (GMA), internal Indicate those who should recd n ter Council union. List specie owner to the right COPT I consistency within the document and references other regulatory ADS Facilities Management requirements, parallel documents and planning efforts, such as the WRIA Watershed Management Plan (WMP), Salmon Recovery Planning, Shoreline Management Act and Endangered Species Act that should be utilized to inform current and future environmental planning efforts. ADSFinance ADS Hainan Resources ADS r f services Assessor Keith Wil[nauer Note: The subject proposal is one of a number of comprehensive plan amendments initiated this year. These amendments must be considered concurrently by the County Council so that the cumulative effect of the various proposals can be evaluated (RCW 36.70A. 130). Additionally, pursuant to the review schedule established in WCC 20.10.120, final Auditor CatrictCou Rxrenamn District Court Ezecuftve Heafth Hearing Examiner Council action on these amendments should occur on or about November .rail 30. COUNCIL ACTION TAKEN: ✓nvei °" Parks 2003 -75D 1017103. introduction 10121103. Natural Resources and Council 11)512003: Held in Council Planning Hal Hart Prosecutor 1112512003 '. Held in council to December 9th 121912003: Hearing scheduled for January 27, 2004 112 712 0 0 4: Hearing held open to 2110104 211012004: Amended and moved to concurrancy 7 -0 3192004: Adopted 6 0, Nelson absent, Ord 42004 -016 Public Works Sheriff Superior Court Treasurer Other Related File Numbers: Ordinance or Reso[utjpn Number COI (this item): 12 Planning DivisionAComp Plan Amta dmtmslCOM Plan 2003VCMP2003 -00008 (Chapter 11 Environment -ABAoc 9262001 SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE: 10/7/03 ORDINANCE # 2004 -016 AMENDING CHAPTER I1 ENVIRONMENT OF THE WHATCOM COUNTY COMPREHENSIVE PLAN WHEREAS, The Growth Management Act requires counties and cities to review and, if needed, revise comprehensive plans to ensure continued compliance with the GMA (RCW 36.70A.130); and WHEREAS, Legal notice was published in the Bellingham Herald; and WHEREAS, The Planning Commission held public hearings on the proposal; and WHEREAS, The Planning Commission has evaluated the proposed amendments and made certain modifications; WHEREAS, The County Council has considered the Planning Commission's Findings of Fact & Reasons for Action, Conclusions, and Recommendations. The Council makes the following findings of fact and conclusions: FINDINGS OF FACT 1. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald July 10, 2003. 2. The Planning Commission held a public hearing on the subject amendment on July 24, 2003. 3. A determination of non - significance (DNS) was issued under the State Environmental Policy Act (SEPA) on August 18, 2003. 4. The GMA at RCW 36.70A.020 and RCW 36.70A.020.480 contain the following applicable planning goals associated with the environment: RCW 36.70A.020 (6) Property rights. Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions. N ❑ RCW 36.70A.020 (8) Natural resource industries. Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive agricultural lands, and discourage incompatible uses. RCW 36.70A.020 (9) Open space and recreation. Retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands, and develop parks and recreation facilities. ❑ RCW 36.70A.020 (10) Environment. Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water. ❑ RCW 36.70A.020.480 (1) For shorelines of the state, the goals and policies of the shoreline management act as set forth in RCW 90.58.020 are added as one of the goals of this chapter as set forth in RCW 36.70A.020. The goals and policies of a shoreline master program for a county or city approved under chapter 90.58 RCW shall be considered an element of the county or city's comprehensive plan. All other portions of the shoreline master program for a county or city adopted under chapter 90.58 RCW, including use regulations, shall be considered a part of the county or city's development regulations. Whatcom County's County -Wide Planning Policies (CWPPs) generally state that the quality of life and economic health of Whatcom County depends on the maintenance of a safe and reliable water supply and encourage cross - jurisdictional cooperation to ensure the protection and quality of the Whatcom County's water resources. Five specific policies address water, promoting inter - jurisdictional cooperation in conserving, protecting, and managing the water resource, and in reducing water pollution. The CWPPs also support the protection of wildlife habitat and corridors, natural drainage features, and other environmental resources. Additionally, the CWPPs recognize environmental constraints on growth and indicate that in order to protect quality of life in Whatcom County growth should not be expanded into critical areas or other environmentally sensitive areas. 6. The National Marine Fisheries Service listed Puget Sound Chinook salmon as threatened on March 24, 1999. These fish are present in the waters of Whatcom County. 7. The U.S. Fish and Wildlife Service listed Coastal -Puget Sound bull trout as threatened on November 1, 1999. These fish are also present in the waters of Whatcom County. 8. The National Marine Fisheries Service issued final rules under section 4(d) of the Endangered Species Act on July 10, 2000 relating to Chinook salmon. These rules encourage local conservation efforts. P2 9. Management of environmental resources in Whatcom County need to be coordinated and integrated between agencies and organizations in order to avoid gaps, overlaps and inconsistencies between processes and regulatory mechanisms. The following planning processes and regulatory mechanisms need to be coordinated with and inform planning efforts under the Growth Management Act: ❑ WRIA Watershed Planning efforts under ESHB 2514. ❑ Salmon Recovery Planning under ESHB 2496. ❑ Marine Resources Committee (MRC) ❑ Lake Whatcom Management Program ❑ Washington State Shoreline Management Act. ❑ NPDES Phase II Stormwater Management. 10. In order ensure consistency and predictability between different divisions of Whatcom County government the following regulatory mechanisms and development standards need to be coordinated with the Comprehensive Plan Chapter 11 - Environment: ❑ Title 16 - Whatcom County Critical Areas Ordinance ❑ Title 17 - Whatcom County Flood Hazard Management ❑ Title 20 - Whatcom County Water Resource Protection Overlay Districts, Whatcom County Stormwater Special Districts, Whatcom County Water Resource Special Management Areas ❑ Title 21 - Whatcom County Subdivision Regulations ❑ Title 23 - Whatcom County Shoreline Management Program ❑ Whatcom County Coordinated Water System Plan ❑ Uniform Building Code ❑ Development Standards Chapter 2: Stormwater Management ❑ Development Standards Chapter 3: Land Clearing ❑ Road Standards ❑ Agriculture Nutrient Management Plan ❑ Low Impact Development Standards CONCLUSIONS 1. The subject amendments are consistent with Growth Management Act, County Wide Planning Policies, and Whatcom County Comprehensive Plan. 2. The proposed amendments are consistent with the public interest because they update the Comprehensive Plan to reflect new information and County priorities. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County Comprehensive Plan is hereby amended as shown on Exhibit A. P. 3 Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 9 day of March , 2004 . APP VED as to form: Civil Deputy Prosecutor P. 4 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dan McShane, Chairperson /Appi�oved Denied Pete Kremen, Executive Date: July 24, 2003 Chapter Eleven -Environment 2/10/04 County Council Approved Version "Note: Rationale statements have been included for explanatory purposes only. They will not appear in the updated Comprehensive Plan. Text amendments shown in single underline and 6 Rgk3 StF M801FIGUgh are Planning Commission recommended amendments. Text amendments shown in double Ljndprl 'ne and are County Council recommended amendments. Text shown in daslal:A- W!A£dln@ is original text that has been relocated. Chapter Eleven ENVIRONMENT INTRODUCTION Each person in Whatcom County has a fundamental right to a healthful and safe environment in which to live and grow. With this right comes a responsibility to contribute to the protection and enhancement of our natural environment. Consequently, an important goal of the Whatcom County Comprehensive Plan is to protect or enhance the county's environmental quality. This means that, individually and collectively, we have the obligation to protect these resources for our children and their children. Essential to this is the establishment of safe development patterns that do not significantly disrupt natural systems and that ensure the continuation of ample amounts of clean water, natural areas, farmlands, forest lands, and fish and wildlife habitat. Rationale for proposed amendment: Consistent with second sentence, GMA Planning Goal 10. Chapter Organization This chapter is composed of an introduction and four sections organized by topic heading. The first section, entitled "General Environmental Management," addresses general environmental goals and policies. The remaining three sections deal with Natural Hazards, Water Resources, and Natural Systems. An Action Plan at the end of the chapter recommends specific actions to implement these goals and policies. Together, the elements of this chapter provide the direction necessary to ensure long -term sustainabilily of the environment in Whatcom County. Purpose Whatcom County's natural environment, with its abundant supplies of water, its beauty, and its other natural resources, has attracted people to our community for generations. This setting is important to our spirit, to our health, to our economic well- being, and to our future. Yet sustaining these assets in the face of increasingly intense human activity has become more difficult over the years. The challenge of protecting this environment while accommodating growth will require a blueprint that can help guide development so that it does not ultimately overrun the very assets that brought most of us here. The purpose of this chapter is to create such a blueprint. Process Whatcom County Comprehensive Plan 11 -1 C:\Documents and Settings\Administrator1ocal Settings \Temp \Chp 11 ENVIRONMENT(Council Approved Version 2- 10- 0,t).doc Chapter Eleven - Environment July 24, 2003 This chapter was first produced by the Citizens' Environmental Task Force (ETF). The ETF began its task with fourteen members from diverse backgrounds, who were selected by the County Executive in October 1993. The f Fst weeting of the ETF convened on ^eGembeF 3 •wt`` ^eed R^ meetings held every other Thursday thereafte The ETF's objectives were have r4.....n divided into two tasks: develop an Environmental chapter for the comprehensive plan, and develop regulatory and non - regulatory tools to implement the provisions of the comprehensive plan. Members of the ETF participated in the county's Visioning Process by attending town hall meetings to explain the committee's activities and to gather additional public input regarding the environment. The values and alternatives gathered through the Visioning Process are reflected in this chapter. The FTC has so! 6 ted add tonal pub' e in^ t 6hm gh Is O R b•. n meet 'r g and other forms of nquifY Rationale for proposed amendment: The ETF is no longer active and was not involved in this or previous updates of this chapter. GMA Goals, County -Wide Planning Policies, and Visioning Community Value Statements GMA Planning Goal 10, "Environment," provides the directive for much of this chapter. It requires Whatcom County to "protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water." In addition, some of the goals and policies of this chapter support Planning Goal 9, "Open Space and Recreation," which directs the county to "conserve fish and wildlife habitat." Relative to environmental protection, Whatcom County's County -Wide Planning Policies (CWPPs) give the most attention to water issues. They state, "The quality of life and economic health of Whatcom County communities depend on the maintenance of a safe and reliable water supply. All jurisdictions and water purveyors should cooperate to ensure the protection and quality of the area's water resources." Five specific policies address water, promoting inter - jurisdictional cooperation in conserving, protecting, and managing the water resource, and in reducing water pollution. The CWPPs also support protecting wildlife habitat and corridors, natural drainage features, and "other environmental, cultural and scenic resources." GMA Requirements The GMA also requires Whatcom County to identify and manage critical areas in such a manner as to prevent destruction of the resource base and reduce potential losses to property and human life. The GMA has identified Critical Areas to include the following areas and ecosystems: (a) wetlands; (b) areas with a critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat conservation areas; (d) frequently flooded areas; and (e) geologically hazardous areas. (GMA Definition) Background Sources The background information contained in this chapter incorporates background information from the following documents: Whatcom County Environmental Resources Report Series: Alluvial Fan Hazard Areas. Whatcom County Planning Department, August 1992. Whatcom County Comprehensive Plan 11 -2 July 24, 2003 Chapter Eleven - Environment Whatcom County Environmental Resources Report Series: Category I Wetlands. Whatcom County Planning Department, April 1992. Whatcom County Environmental Resources Report Series: Wetlands in the Nooksack River Floodplain. Whatcom County Planning Department, December 1992. Whatcom County Environmental Resources Report Series: Depressional Areas in the Nooksack River Floodplain. Whatcom County Planning Department, December 1992. Whatcom County Environmental Resources Report Series: Hydrologic and Fishery Resources of Whatcom County. Whatcom County Planning Department, December 1994. Whatcom County Lower Nooksack River Comprehensive Flood Hazard Management Plan, KCM Inc., Seattle, WA, March 1996. Whatcom County Endangered Species Act Evaluation Report, URS Report, Seattle, WA, April 2001. Environmental Setting Whatcom County bedrock geology can be divided into five bedrock geologic provinces. From east to west these provinces are the Methow terrain. the Cascade_ Crystalline Core the Northwest Cascades System_, the Fraser Lowland and the San Juan Island system Tectonic activity over the oast 15 million pears has created the present North Cascades and the formation of Mount Baker. a 10.000 -foot high composite volcano The mountains of Whatcom County, as well as the streams, lakes, valleys and hills, are the result of millions of years of geologic events. Over 2.5 million years ago during the Ice Ages, glacial ice invaded the Puget Sound lowlands from the north at least four times, Two main glacial advances are the most important to our area, the Salmon Springs glaciation and the later Vashon glaciation. Each time the massive glacier advanced, it dammed up the Puget lowlands to form a huge lake. As the floating ice melted sand. gravel, clay and occasional boulders would molt out of the ice and fall to the sea floor. This deposit the Bellingham Drift covers the ground surface over a large area of western Whatcom County. Each time the Ice Age glacier advanced, it also compacted underlying sediments with its great weight. It created a Whatcom County Comprehensive Plan 11 -3 Ci \Documents and settingsV dnninisirator \Local Settings \Temp \Chp 11 ENVIRONMENT(Counoil Approved Version 2- 10- 04).doc Eleven - Environment On the bottom of the lake, "rock flour " - -the finely ground remains of rocks pulverized by glacial action -- settled out. These deposits became the familiar "blue clays" of the Puget lowland. The milky color of the Nooksack River is due to the same kind of rock flour, created by glacial activity on the slopes of Mount Baker. Additionally €each time the glacier retreated, water from the melting ice deposited thick layers of sand and gravel known as "outwash." The outwash areas are typically where we find our most productive aquifers, since these loose sands and gravel are porous and drain rapidly. While these areas absorb rainwater for our later use from wells, they are also vulnerable to Each of these glacial sediments —lake bed deposits, clay, till and outwash are present from place to place and in varied combinations in Whatcom County. These sediments provide both the formations that hold the groundwater for many of the area's wells, and the parent material for most of the different soils. Rationale for proposed amendment: Not all the deposits are actually a clay — usually area a clayey silt. Till also has a clay component so the original wording is a little misleading. Out of these long physical processes a complex natural ecology has emerged that supports a diversity of wildlife. Many of our lakes, rivers and streams support fish including but not limited to year salmon return to spawn in the streams and rivers of Whatcom County. Bufflehead and goldeneye ducks winter here. Additionally, numerous bird species including scoters snowgeese trumpeter swans canvasbacks, cormorants, grebes, loons, and other migrating waterfowl pass through every spring and fall as they travel between their breeding grounds in Alaska and Canada and their wintering grounds in California and Mexico. Mallards, Canada Canadian geese, great blue herons, and numerous songbirds live in the county year- round. Maintaining these unique resources • 11 PFesent ,ge is a high priority for both present and future county residents. ENVIRONMENTAL MANAGEMENT Introduction General environmental goals and policies are intended to provide guidance for environmental management thatwill promote environmental protection and good stewardship practices through a Whatcom County Comprehensive Plan 11 -4 Julv 24. 2003 Chaoter Eleven - Environment balance of public education and involvement; incentives, acquisition and voluntary programs; land use planning and regulations; environmental monitoring; and intergovernmental cooperation. These goals and policies are also intended to provide guidance to County government as it assists its citizens in maintaining a balance between individual property rights, economic development and environmental protection. GMA Requirements See Appendix C. BACKGROUND SUMMARY Development in the last 100 years has had a significant impact on the natural environment in Whatcom County. At the turn of the century, the areas surrounding Lynden, Sumas, and Femdale were logged, drained and converted to agricultural land. In the intervening years, many of the remaining forests were logged, many streams re- routed and channelized, and much of the native vegetation removed and replaced with a wide variety of introduced vegetative types. Roads now crisscross most areas, with homes, farms, businesses, and industry scattered throughout the county. ISSUES, GOALS, AND POLICIES There are many lands in Whatcom County that can still accommodate extensive development. The county also has areas that are sensitive to human activity (wetlands, streams, lakes) and lands that can pose a hazard to the community (floodplains and unstable slopes). These are the areas where development must be carefully planned or limited to maintain environmental quality and Public safety. This can be done through the creation of goals and policies that seek to reduce hazards and prevent adverse environmental impacts. Rationale for proposed amendment: Consistent with "hazard to the community, previous sentence. Community and Environmental Protection The elements of the natural environment -- water, air, soil, plants, and animals -- are interconnected and interdependent, functioning as one dynamic ecosystem. Environmental resources within this ecosystem are extensive and, in some cases, irreplaceable. They provide important beneficial uses to the community such as the supply of clean drinking water; management of stormwater run -off and Flood control; support for a wide varietyof fish and wildlife; fresh air and a sense of place that residents invest in, enjoy, and expect. Some of these same resources result in serious environmental constraints or pose a hazard to development and a danger to the community. Flooding in the Nooksack River is frequent and impacts much of the valley floor. There are numerous wetlands and hydric soils throughout the lowlands that provide critical wetland functions but inhibit development. The steep gradient and geologic structure of the mountain ranges in conjunction with heavy annual precipitation can contribute to slope instability and flood -prone drainage basins. Whatcom County Comprehensive Plan 11 -5 C:1Documents and SettlngsW rninis"tchLocal SedingsNTemp \Chp 11 ENVIRONMENT(Council Approved Version 2- 10- 04).doc Eleven - Environment Much of the environmental degradation and destruction to property occurs as a result of a lack of knowledge rather than willful action. Natural systems are subtle and complex. Too often both their benefits and hazards are not readily apparent to the community. Additionally, base line information is not always available to help project the real costs or hazards of building in Whatcom County. There may be a need for further research and education. GOAL 11A: Protect natural resources and systems, life and property from potential hazards. Policy 11A -1: Support good stewardship of Whatcom County lands, and apply this principle to the management of public lands. Policy 11A -2: Protect the environment through a comprehensive program that includes voluntary activity, education, incentives, regulation, enforcement, restoration, monitoring, acquisition, mitigation, and intergovernmental coordination. Policy 11 A -3: Continue to identify and designate Environmentally Critical Areas and other important environmental features. Policy 11A -4: Manage designated Environmentally Critical Areas (ECAs) as needed, to minimize or protect against environmental degradation and reduce the potential for losses to property and human life. Policy 11A -5: Actively pursue voluntary, cooperative and mutually beneficial efforts aimed at advancing county environmental goals. Policy 11A -6: Adopt in accordance with national, state, and regional regulations the required air quality standards. Develop and implement programs to monitor and assure compliance with those standards. Policy 11A -7: Support efforts to educate and inform the public as to the benefits of a healthy and viable environment, their ecologically fragile areas, and their economic and social value. Policy 11A -8: Coordinate efforts with property owners, citizen groups and governmental and non - governmental agencies in furthering Whatcom County's environmental goals and policies. Policy 11A -9: Cooperate with state and federal agencies and neighboring jurisdictions to identify, and protect threatened and endangered fish and wildlife species and their habitats. Policy 11A -10: Support acquisition, conservation easements, open space, and other such programs to protect high -value natural areas as identified through the GMA planning process, the Natural Heritage Plan, the state Priority Habitats and Species (PHS) program, the Lake Whatcom Management Program and other sources. Whatcom County Comprehensive Plan 11 -6 July 24, 2003 Chapter Eleven- Environment Rationale for proposed amendment: Incorporate reference to current Lake Whatcom efforts. Policy 11A -11: Designate high -value open space and natural areas for acquisition, conservation easements, open space and other such programs to protect these natural areas upon request or consent of the property owner. Policy 11A -12: Broadly inform the citizens of the county of the locations of potential development constraints associated with natural conditions. Information should include known natural hazards, and an assessment of the potential danger to both the property owner and the public. Administration and Regulation There are currently a multitude of regulations and administrative processes at the federal, state and local level that together have become excessive and difficult to understand. Conflicting regulations and complicated administrative processes can create undue hardship on community members and result in reduced levels of environmental protection. Regulatory inspection and enforcement of environmental regulations are currently inconsistent and lack effectiveness. The combination of complex regulations and inadequate enforcement have led to a lack of administrative predictability, widespread violations, and ultimately to environmental deterioration. GOAL 11 B: Ease the burden of excessive and confusing regulations in instances when they are clearly identified, relating to the identification, delineation, and protection of environmental features. Policy: 11 B -1: Develop, as a primary component of a comprehensive environmental management program, non - regulatory measures that include voluntary activity, education, incentives, restoration, acquisition, mitigation, and intergovernmental coordination. Policy 11 B -2: Provide incentives for good stewardship of the land through the use of non- regulatory and innovative land use management techniques. Policy 11 B -3: Support education as an important tool in developing public appreciation for the value of natural systems and provide the public with informational materials and presentations relating to natural system functions, regulations, and issues. Policy 11 B -4: Promote cooperation and coordination among involved government agencies when multiple agencies have jurisdiction over aspects of a single project. Policy 11 B -5: Process the environmental review of building and development applications within an established time -frame that is predictable and expeditious. Policy 11 B -6: Provide clear, timely, appropriate and understandable direction to citizens, developers, and property owners. Whatcom County Comprehensive Plan 11 -7 C.iDowmenls and Setfings\Administratorlocal Settings \Temp \Chp 11 ENVIRONMENT(Council Approved Version 2- 10- 04).doc Chapter Eleven - Environment July 24, 2003 Policy 11B -7: Simplify regulations and establish effective inspection, compliance and enforcement measures. Policy 11B -8: Recognize the policies of the Whatcom County Shoreline Management Program as constituting a "Shoreline Element" of this plan. The shoreline program regulations and policies shall be considered to be consistent with this plan until such time as any necessary amendments are made. The Environment and P-- rivaEe Property Rights Prior to the 1970s, growth in Whatcom Countywas relatively slow and received little management. As a result, private property owners were left to their own resources as they determined how best to use their land. However, as increasing numbers of people have moved to this area and settled, a greater demand has been placed on Whatcom County's natural resources. The problems that arise from this situation have caused many to realize that what one person does with his or her property may have an impact on the larger environmental system that sustains us as a community and on the property riahts of other property owners. Land use decisions can no longer be considered exclusively private matters. We are aware that public actions impact every private citizen in Whatcom County and that private actions may have public consequences as well. Nevertheless the right of the individual to use his or her property. within the bounds permitted by law is a value supported by law and the community and must be recognized when making land use decisions in Whatcom County. GOAL 11 C: In implementing Whatcom County environmental policies, provide for protection of private property rights, economic opportunities and plan appropriately for growth. Policy 11C -1: Actively pursue voluntary and cooperative efforts that advance Whatcom County's goals in a mutually beneficial manner. Policy 11C -2: Review current comprehensive environmental protection programs to ensure that they consider multiple economic parameters including development objectives and impacts and the economic benefits of the natural environment as both a resource and an amenity. Rationale for proposed amendment: To emphasize a balanced approach between environmental protection and economic development. Policy 11 C -3: Emphasis an baanesd-aggroach to environmental feetullation Protection by encouraging the use of conservation easements ooen space taxation land acquisition purchase /transfer of development rights and other CARR d'dP mechanisms to oempensate assist affected property owners in the event that the regulations implementing these Environmental Goals and Policies prohibit or significantly restrict the use of property as otherwise permitted by law. Whatcom County Comprehensive Plan 11 -8 July 24, 2003 Chapter Eleven - Environment "Natural Hazards Rationale for proposed amendment: Providing more options for homeowners whose property is affected by environmental regulations will offer incentives for and encourage land preservation as well as reduce impacts to property rights. NATURAL HAZARDS Introduction The location, climate and geology of Whatcom County combine to create many natural hazards to people and their developments. Earthquakes, volcanoes, landslides, and flooding streams and rivers are some of the major natural hazards found in our region. Additionally, old mines are scattered around the county that could be dangerous to the community. Natural Hazards goals and policies are intended to provide guidance to county government as it assists its citizens in effectively managing natural hazards in a manner which minimizes the danger to each member of this community, while continuing to provide for economic opportunities. GMA Requirements See Appendix C. BACKGROUND SUMMARY Natural Hazards include the following (Map 27): Landslide Hazards - The geologically recent retreat of glaciers from the Whatcom County landscape has left many hillsides over - steepened and susceptible to naturally occurring landslides and earth movements. Several large well -known landslides exist in Whatcom County, such as the Swift Creek Slide on Sumas Mountain and the large slide on Slide Mountain south of Maple Falls. These larger land slides affect significant areas with periodic rockfall as well as the potential for massive debris /avalanche deposits. Numerous smaller landslides also exist in the county, affecting smaller areas. In addition, the presence of certain types of geologic formations, namely the Chuckanut Formation g^^a.,dStO ]e and the Darrington Phyllile, are susceptible to land sliding under certain conditions. In the 1970s, a portion of Interstate -5 south of Bellingham collapsed where the freeway crossed portions of unstable Chuckanut Formation Sandstone. Rationale for proposed amendments: The Chuckanut Formation is composed of a range of rock types that can include conglomerate, sandstone, si /tstone, and coal. The convention for naming such a grouping of geo logic rock types that displays "some degree of internal lithologic homogeneity or distinctive lithologic features "is to call it a'Yormation" (Code of Stratigraphic Nomenclature as cited in Krumbein, W.C. and Sloss, L.L., 1963, Sratigraphy and Sedimentation: W.H. Freeman and Co., San Francisco, p. 626). Alluvial Fan Hazards - Alluvial fan hazards are areas exist where steep mountain streams flow onto Floodplains or into lakes and deposit debris and sediment. Because these streams are sleep and flow in confined canyons, they can carry more sediment and debris than a similar -sized stream flowing over flat land. During a large storm, streams on alluvial fans can create catastrophic flooding and debris floods, such as were experienced in 1983 in the Lake Whatcom Whatcom County Comprehensive Plan 11 -9 C1Documents and SetlingsVWrninistrdtor \Local Seflings\Temp \Chp 11 ENVIRONMENT(Council Approved Version 2- 10- 04).doc Chapter Eleven - Environment "Natural Hazards July 24, 2003 area. During this storm event, the Sudden Valley development on Lake Whatcom incurred significant damage to property from flooding and debris flows on the Austin Creek alluvial fan. Flood Hazards - Heavy winter rains and a transient snowoack; combined with the steep and sometimes unstable slopes of W hatcom County's foothills, create conditions ideal for flooding and debris flows along many of our rivers and streams. The Nooksack River floodplain alone covers 38,000 acres in Whatcom County. In 1989 and 1990, the Nooksack Riveroverflowed and flooded lowland Whatcom County causing millions of dollars of damage. During some extreme floods, the Nooksack River overflows near Everson and adversely impacts residents along Johnson Creek in Sumas, and in the Abbotsford area of British Columbia. Significant damage may result from these floods. In 1991, Whatcom County formed a county -wide Flood Control Zone District to address the major flooding issues in the county. Rationale for proposed amendment: Flood events in the Pacific Northwest including the Nooksack River are often associated with accumulations of snow in the mountains and foothills followed by a warming trend (the so- called "Pineapple Express') that brings warm winds and rain. In this situation the water stored in the snow is released as the snow melts as the result of the warm winds. The result is additional water being made available to contribute to stream flow along with the runoff generated primarily through rainfall. The product of these "rain -on -snow" storm events is a flow or flood that may be substantially larger than if rainfall event alone were to occur. Flood hazards can also be exacerbated during rain -on -snow events when landslides trigger due to factors related to the combined rain and snowmelt. Flood hazards increase when landslides temporarily dam the stream and then fail or when the landslide debris is routed directly downstream magnifying the damaging effects of the flood. Volcanic Hazards - The presence of Mt. Baker is an asset to our region. Its 10,778 -foot peak is one of the dominant features of Whatcom County's landscape. However, Mt. Baker is also considered one of the most potentially active volcanoes in the Cascade Range, and of the six major volcanoes in the range, Mt. Baker is considered by geologists to be the mas very hazardous during and after an eruption. The frequency of Mt. Baker volcanic events averages once every 200 years The last record significant event was about 200 years ago. Pyroclastic Lava flows, ash flows, and especially volcanic mudflows also called lahars, are believed to be the greatest dangers to human life and development. Geologic evidence indicates that an eruption on Mt. Baker caused a major mudflow about 6,000 years ago which inundated the Middle Fork Nooksack Valley from its headwaters downstream oast to the confluence with the North Fork at Welcome. The same mudflow. or lahar. is now known to extend ac fnr Pact ac Ni inpnYc enrnpr river from its channel and cause mass flooding. Fortunately, volcanic eruptions are infrequent with periods of hundreds and thousands of years between events, but this infrequency also makes forecasting a volcanic eruption extremely difficult. However, a major eruption of Mt. Baker would pose a serious threat to human life and property. The deeply weathered nature of the rocks Whatcom County Comprehensive Plan 11 -10 July 24, 2003 Chapter Eleven - Environment "Natural Hazards Rationale for proposed amendments: 1) Lava flow is very unlikely to pose risk to humans — could, but probably not; and 2) The concept here is that you don't have to have an eruption and that bad things can happen if you build in the wrong spot... Also, Neil Clement is working with USGS and DNR on a plan related to the Baker hazards. The frequency of Mount Baker volcanic events was reported by Crandall and Hyde, USGS Professional Paper, 1022 -C, 1978. Lahars extending to Nugents corner and beyond was reported by Dragovich et. al., Washington Division of Geology and Earth Resources, Open File Report 97 -2, 1997. The mass associated with lahars may be great enough to divert the river. Earthquake Hazards - Whatcom County lies within the influence of the Cascadia subduction zone, a major earthquake fault area off the coast of western North America. The Cascadia subduction zone has the potential for generating magnitude eight or greater earthquakes every 500 -600 years. This type of earthquake is called a great interplate earthquake. Whatcom County has recently experienced much smaller interplate earthquakes near Deming, fortunatelywith little damage to property. Deming is one of the most seismically active areas in Washington. These types occur more frequently (30 to 50 years) than the great interplate earthquakes. While all buildings are susceptible to earthquakes, structures built on peat soils and large areas of fill or liquefiable soils are prone to more severe shaking during an earthquake. If the shaking is strong enough or of sufficient duration, guild Ags structures may collapse. Rationale for proposed amendment., Deming is one of the most seismically active areas: published fact. Liquefiable soil is another condition sensitive to earthquake impacts. Mine Hazards - Mine hazard areas are sites of abandoned underground mine shafts, adits, and mine tailings. Coal mining was a major industry in Whatcom County in the early part of the century and several major mines were developed in various parts of the county. Meg E All of the formerly active mines are now no longer worked and are abandoned. For the most part these mine locations are known and mapped, such as the extensive coal mines underthe northern part of the City of Bellingham and in the Blue Canyon area of South Lake Whatcom. Rationale for proposed amendment., The last operating mine was the Bellingham coal mine which closed in the early 50's. ISSUES, GOALS, AND POLICIES Landslides - Siting human development on or adjacent to known landslide hazard areas can create health and safety risks for humans and their propert y living on and around these hazards, especially during extreme weather events and earthquakes. Development activity can also de- stabilize naturally unstable slopes and impact natural systems. Predicting the exact timing, location, or extent of a damaging landslide is difficult. While upslope landowners may develop their properties with little or no on -site impacts, downslope neighbors and natural systems may be placed at risk from rockfall or landslides as a result of the upslope land development. Rationale for proposed amendment: Risk to humans and their property is regulated by the Critical Areas Ordinance, WCC 16.16. Alluvial Fans - Because alluvial fan areas are associated with streams, are generally gently sloping and elevated above the adiacent flood plain Nat and are located at the base of mountains, Whatcom County Comprehensive Plan 11 -11 C \Documents and SettingsWdministrator\Local Se%ngs\Temp \Chp 11 ENVIRONMENT(Counal Approved Version 2- 10- 04).doc Chapter Eleven - Environment "Natural Hazards July 24, 2003 they have historically been popular places to develop. However, once every 10 -25 years, a large storm event occurs in our area and creeks flood homes and developments, causing damage to property, natural systems, and sometimes loss of lives. Rationale for proposed amendment: Alluvial fans are created by the deposition of sediment transported by water from the steeper and more confined watershed upstream. The landform that results often has a relatively gentle s lope with respect to adjacent uplands and is elevated above the valley floor due to the successive deposition of sediment over time. The more moderate slopes of the alluvial fan surface and its relative elevation above what is often the floodplain of a larger river (e.g. Canyon Creek on the North Fork) or lake (e.g. Smith Creek fan -delta on Lake Whatcom) is part of what has made them attractive to development. They are not flat.) Flooding - Flood waters from the Nooksack River damage rural homes, agricultural areas, businesses, and industries in the small cities situated along the river, fish and wildlife habitat and other natural systems, and disrupt transportation and utility corridors. Storm tides flood homes and roads along low, exposed marine shorelines in the Birch Bay, Sandy Point, Point Roberts and Gooseberry Point areas. Homes along Lake Whatcom, Lake Samish, and Cain /Reed Lakes have also been impacted by flooding during extreme storm events. Rationale forproposed amendment: Point Roberts has low -lying marine shores in the south west corner that are subject to flooding. Earthquakes - A major earthquake could significantly affect Whatcom County. If the shaking is strong enough, buildings may collapse, roads could be damaged, power and utilities could be severely disrupted. Mines - Some abandoned mine areas may pose a risk of ground subsidence from the collapse of abandoned mine shafts. Air and water pollution may also be hazards associated with abandoned mine tailings and trapped toxic gases. Development on or near mine hazards could be adversely impacted. Balanced Management -A central issue common to all development in natural hazard areas is the need for Whatcom County to balance the responsibility of local government to protect the public interest and provide for a safe and healthy environment while safeguarding the rights of private property owners. Economic Impact - Damage to private and public property resulting from the siting of human development in areas of natural hazards is significant to the people of Whatcom County. The 1990 Nooksack River floods caused over $20 million dollars of damage to roads, bridges, buildings and farmland. Disaster relief efforts are expensive and dangerous to conduct during an emergency. Public efforts to reduce hazards, such as the establishment of the Flood Control Zone District, are also expensive. Whatcom County Comprehensive Plan 11 -12 July 24, 2003 Chapter Eleven - Environment " Natural Systems GOAL 11 D: Minimize potential loss of life, damage to property, the expenditure of public funds and degradation of natural systems resulting from development in hazardous areas such as floodplains, landslide -prone areas, seismic hazards areas, volcanic impact areas, abandoned mine locations, potentially dangerous alluvial fans and other known natural hazards by advocating the use of land acquisition open space taxation conservation easements gromdhplannina and other options to discourage development in such areas Rationale for proposed amendment: Alluvial fans should be treated the same as the other "hazardous areas" identified above. The alternatives identified above provide cost effective alternatives to attempting to adequately mitigate natural hazards to an sufficient degree through site /project design. Policy 11 D -1: Minimize or avoid public investments for future infrastructure development on known natural hazard areas. Rationale for proposed amendment: Encourages a more prudent use of public funds and decreases the likelihood of lost investment. Policy 11 D -2: Utilize the Bbest Aavailable Science information to research and investigate the nature and extent of known natural hazards in the county and make this information available to the general public and policy makers in an accessible and understandable form. Rationale for proposed amendment: This would allow policy makers to make decisions based on the Best Available Science and raise public knowledge on potential hazards in the area. WAC 173 -26 -320 2) Critical areas. b) Principles. (i) Protect against adverse effects to the public health, the land and its vegetation and wildlife, and the waters of the state and their aquatic life. Promote and enhance the public interest by protecting and restoring ecological functions and ecosystem -wide processes. Take necessary measures to help attain the protection and restoration of Threatened and Endangered species. (ii) In addressing issues related to critical areas, use scientific and technical information, as described in WAC 173 -26 -300 (2)(a), and include Best Available Science, as provided for in chapter 36.70A RC When science is lacking, base decisions related to the protection of T &E species on an approach that minimizes risk to those species and places the highest priority on their protection and restoration. Policy 11 D -3: Broadly inform the citizens of the county of the locations of known natural hazards, and the potential for adverse impacts of such natural hazards to the health, safety and welfare of people and their property. Policy 11 D -4: Formally establish acceptable levels of public risk for development in known natural hazard areas based upon the nature of the natural hazard levels of public risk, establish criteria for approving, disapproving, conditioning, or mitigating development activity. Rationale forproposed amendment: Different natural hazards pose varying levels and types of risks. These need to be outlined accordingly. Whatcom County Comprehensive Plan 11 -13 C \Documents and settingsWdministratorlocal Settings \Temp\Chp 11 ENVIRONMENT(Counal Approved Version 2- 10- 04).doc Chapter Eleven - Environment "Natural Systems July 24 2003 Policy 11 D -5: Allow all permitted uses that do not require human habitation as long as probable adverse off -site impacts to other properties or natural systems (those impacts resulting from the interaction of the natural hazard and the proposed development) are minimized or mitigated. Probable adverse impacts should be prevented or avoided in habitats of State sensitive or federally listed plant and animal species Rationale for proposed amendment: This statement agrees with GOAL 11D. Policy 11 D -6: Prohibit Diseeurage the siting of critical public facilities in known natural hazard areas unless the siting of the facility can be shown to have a public benefit which outweighs the risk of siting in the particular hazard area. Rationale for proposed amendment: Critical facilities should be sited to provide for maximum utility during a natural or human -made disasters. Location of critical facility in an area recognized as being naturally hazardous could potentially deprive the community of that service during an emergency situation producing considerable risk to the community that could have been avoided. Policy 11 D -7: Develop a comprehensive land use management program consistent with the findings and recommendations of the Comprehensive Flood Hazard Management Plan. Policy 11 D -8: Develop a comprehensive program of regulatory and non - regulatory mechanisms to achieve Natural Hazard goals and policies. This program should might include such mechanisms as education, tax incentives, zoning, land -use regulations, conservation easements purchase of development rights transfer of development rights, and public acquisition. Rationale for proposed amendment: Includes conservation easements and the purchase of development rights as viable options to offset natural hazard impacts. Policy 11 D -9: Review and revise Natural Hazard goals and policies and the locations of Natural Hazard Areas when establishing or changing zoning patterns and densities. WATER RESOURCES Introduction Water resources refer to the numerous lakes, streams, wetlands, aquifers, estuaries and marine water bodies within Whatcom County (Map 24). These water bodies are often integrally linked through the complex network referred to as the water cycle. The water cycle describes the series of transformations that occur in the circulation of water from the atmosphere onto the surface and into the subsurface regions of the earth, then back from the surface to the atmosphere. Water resources of Whatcom County provide natural beauty, recreation, habitat for fish and wildlife, water for drinking, agriculture and industry, and other benefits essential to the quality of life and economic health of the community. The quality of life and economic health of our county's communities depend on the maintenance of a safe and reliable water supply. Decisions affecting Whatcom County Comprehensive Plan 11 -14 July 24, 2003 Chapter Eleven - Environment'" Natural Systems any element of the water environment must be based on consideration of the effects on other elements. County government has a major role in helping to maintain these benefits through its many responsibilities and programs, particularly in the areas of health, safety, land use and development. The intent of the following goals and policies is to provide guidance to Whatcom County government as it assists its citizens in effectively managing their water resources in a manner which ensures that the benefits of those resources are maintained far into the future. The water resource section focuses primarily on groundwater and surface water management. Surface water management relates generally to watershed protection and stormwater /drainage systems. However, some policy direction may indirectly be provided for areas such as wetlands, estuaries, streams and marine water bodies, within the Water Resource section. Some of these areas are covered in more detail in other sections within the Environment Chapter. GMA Requirements See Appendix C. BACKGROUND SUMMARY Whatcom County has 16 major freshwater lakes, 3,012 miles of rivers and streams, over 37,000 acres of wetlands, 134 miles of marine shoreline, and aquifers containing an undetermined amount of groundwater. These water resources serve multiple uses including providing a source of drinking water for the people of Whatcom County. Surface water sources such as Lake Whatcom and the Nooksack River and Lake Samish provide water to-&4eu4 more than half the county residents with the remainder relying on groundwater either from individual wells or from about 250 300 public water systems. Agriculture relies on both ground and surface water for irrigation, drinking water for livestock, and facility wash down. Businesses and industries may also require water, sometimes in substantial quantities, for non - potable as well as potable supplies. Water is also essential to meet many of what are referred to as "in- stream" uses such as for recreation, shellfish growing and harvesting, habitat for fish and wildlife, aesthetics and other benefits. Groundwater is contained in aquifers, which are subterranean layers of porous rock or soil. Most aquifers are replenished by rainwater, though some may contain water trapped during glacial periods. Aquifers are often integrally linked with surface water systems and are essential for meeting in- stream and out -of- stream water needs such as for drinking water, agriculture and industry. Rainfall that does not soak into the ground or evaporate is regarded as surface water and runs into drainage courses, ditches, streams, wetlands, rivers, lakes and the Strait of Georgia. Natural and manmade drainage systems have many important functions, including storing excess water flow, purifying surface water, recharging groundwater, conveying water and supporting important biological activities. As more areas in Whatcom County are being urbanized, natural water resource systems are being replaced with built systems leading to permanent changes in hydrology. Whatcom County Comprehensive Plan 11 -15 CADocuments and seningsVWministratohLocal SetBngs \Temp \Chp 11 ENVIRONMENT(Coundl Approved Version 2- 10- 04).doc Chapter Eleven - Environment "Natural Systems July 24 2003 Rationale for proposed amendment: "Ditches" adds additional language to clarify "drainage courses ". "Leading to permanent changes in hydrology "refers to Best Available Science. ISSUES, GOALS, AND POLICIES General Problems exist which affect water resources in Whatcom County. Surface and groundwater quality problems can be found in many areas of Whatcom County and are described in various chapters of the Comprehensive Plan. There are significant legal limitations in obtaining water. Management actions between and within jurisdictions are not always well coordinated or consistent. Additionally, there is much to learn about the physical characteristics and availability of the resource, since water resources are heavily linked in complex systems that are understood in varying degrees. Sound technical data upon which to base a thorough understanding of these complex systems is still being developed. Other issues, regulations, and policies such as the Clean Water Act, Endangered Species Act, State water code, and tribal actions act to further exacerbate and lend unpredictability to the problems associated with water. These problems and issues have already led to many impacts on the community. The impacts include health concerns associated with drinking contaminated water; fisheries depletion and closure of shellfish harvesting areas and other in- stream problems; a lack of adequate water storage and delivery systems to meet the requirements of growth and development; concerns with the availability of water to meet existing agricultural and public water supply demands; potential difficulties and additional costs associated with obtaining building permits and subdivision approvals; and other related increasing financial costs to the community. Long -term resolution of the numerous, complex and changing water issues requires actions in many areas. Sound technical data and a better understanding of the water systems is needed including the recognition that water resources must be managed as an integrated system. Cooperation and coordination among the various users, jurisdictions and those who impact the resource is necessary. Creative solutions should be pursued which extend beyond regulatory action to include education, technical and financial assistance. GOAL 11 E: Protect and enhance water quality and promote sustainable and efficient use of water resources. Policy 11 E -1: Actively promote and participate in education, research and information opportunities which better our understanding of the county's complex water resource systems. New information should be considered in the development and evaluation of management actions. Policy 11 E -2: Maintain as a high priority the protection of water quality and quantity, and associated features like watersheds and aquifers. Policy 11 E -3: Pursue the most effective methods for protecting water quality, through both regulatory (e.g. zoning, enforcement, fines) and non - regulatory approaches Whatcom County Comprehensive Plan 11 -16 July 24, 2003 Chapter Eleven - Environment "Natural Systems (education, incentives, and technical /financial assistance). Emphasis should be placed on non - regulatory approaches where possible and effective. Policy 11 E -4: Support more efficient use of the resource such as conservation, reclamation and reuse. In conjunction with the cities, other municipal corporations, tribal governments, federal and state agencies, public and private utilities and the public, develop programs such as WRIA Watershed Management Planning, which promote sustainable and efficient use of water resources. Rationale for proposed amendment: The objective of WRIA Watershed Management Planning is to develop and implement the sustainable and efficient use of waterresources in Water Resource Inventory Areas. Policy 11 E -5: Manage and prioritize water resources for multiple instream and out of stream beneficial uses commensurate with instream flows set by the State Department of Ecoloay. Rationale for proposed amendment: This clarification is provided to remind the reader that both instream water needs (e.g. fish, fish habitat, stream forming flows, retaining water instream to meet downstream users needs, etc.) must be evaluated along with out-of- stream water uses such as municipal, agricultural, or industrial supply. Policy 11 E -6: Support and assistwater users in the development of cost - effective means of improving efficiency of water use. Policy 11E -7: Support efforts to establish and protect sustainable water supplies to meet existing and future demands for water in the county. Policy 11 E -8: Work cooperatively with Federal, State, and local jurisdictions, Tribal governments, municipal corporations and the public to implement the goals, policies, and action items contained in this chapter. Policy 11 E -9: Track the development of policies and regulations at the local, state and federal level. Provide input to those regulations and policies as necessary to ensure that the interests of Whatcom County are considered. Policy 11E-10: Promote awareness and participation in management and protection efforts by individual citizens and the community as a whole. Policy 11 E -11: EvnI ale the L,.. pAg of metering water wthin 1-'FbRR Grol.A.4h A.FPAF�. Encourage cities and public water purveyors to meter water use to promote conservation. Policy 11E-12: Actively participate in the development of WRIA Watershed Management Plans and the currenE process to establish a county -wide water resources management body. Whatcom County Comprehensive Plan 11 -17 C \Documents and Seflings\Atlminisbodor\Local Settings \Temp \Chp 11 ENVIRONMENT(Council Approved Version 2- 10 -04) doc Chapter Eleven - Environment "Natural Systems July 24 2003 Rationale for proposed amendment: The WRIA Watershed Management Planning process operating under ESHB 2514 is designed to produce a plan and implementation strategy for water resources management in coordination with other local governments. Surface Water and Groundwater Surface water systems face sediment, nutrient, bacteria, petroleum, metals and other contamination from a varietyof point and non -point sources. Groundwater supplies in some areas are vulnerable to contamination. Nitrates, arsenic, bacteria, elevated chlorine levels, EDB and other contaminants have been found in some supplies at levels that exceed those considered safe for drinking water. GOAL 11F: Protect and enhance Whatcom County's surface water and groundwater quality and quantity for current and future generations. Policy 11 F -1: Manage surface water systems, where appropriate, on a watershed basis. Policy 110 °. Def ne -and 'deRtif• h ^ti ^: ^: ty watersheds. Rationale for proposed amendment: This is covered in Policy 11 F -3. Policy 11 F -23: In conjunction with the public and appropriate local, State, and Federal jurisdictions, define and identify watersheds areas which may require special protection. These areas may include aquifers, critical aquifer recharge areas as defined under the Growth Management Act, Groundwater Management Areas, wellhead protection areas, and high priority watersheds such as those specified under WAC 400 - "Local Planning and Management of Non -point Source Pollution" WRIA Watershed Management Planning, and under legislative policy direction (e.g. Nooksack Basin, Lake Whatcom, Lake Samish and Drayton Harbor). Rationale for proposed amendment: 1) WRIA Watershed Management Planning is an appropriate process to define and identify water areas that may require special protection. 2) On May 15, 2001 the Whatcom County Council designated the Lake Samish watershed as a Water Resource Protection Overlay District and a Water Resource Special Management Area. Policy 11F -34: In conjunction with the public and appropriate local, State, Tribal and Federal jurisdictions, develop management strategies for those areas requiring special protection. Management efforts should consider both water quality and quantity. Water quality efforts should help reduce the likelihood that potential contaminant sources will pollute water supplies. Water quantity efforts should include consideration and protection of recharge areas as appropriate and potential effects on stream flow. Rationale for proposed amendment: Participation by tribal governments is necessary to successful water management strategy development and implementation. An understanding of the connection of ground water to surface water and stream Flows is essential to comprehensive water management. Whatcom County Comprehensive Plan 11 -18 July 24, 2003 Chapter Eleven - Environment "Natural Systems Policy 11 F -45: Support the completion and implementation and complet ;an of local /state Watershed Action Plans the Lake Whatcom Management Program NPDES Phase II Permitting and the WRIA Watershed Management Projects as some of the one means of addressing non -point source pollution. Rationale for proposed amendment: WRIA Watershed Management Planning is an appropriate process to define and identify water areas thatmayrequire special protection. This project will be producing tools for evaluating water quality problems and recommendations for addressing these issues. Policy 11 F -55: Pursue the adoption and implementation of ground and /or surface water management plans and integrate the plans into local comprehensive plans. Designate the Lake Whatcom and Lake Samish Watersheds as a high priority in this effort. Rationale forproposed amendment: 1) Concluding that impacts from development and stormwater may cause harm to Lake Samish, County Council has designated the Lake Samish watershed as a Water Resource Protection Overlay District (WCC 20.71), a Water Resource Special Management Area (WCC 20.80.635), and an interim Stormwater Special District (WCC 20.80.735). 2) The Lake Samish watershed is also subject to the provisions of the 1995 Samish Bay Watershed Nonpoint Action Plan and Final Closure Response Strategy. Whatcom County is the lead agency responsible for implementation and integration of this plan for those portions of the Samish Bay watershed that are located within Whatcom County. Policy 11 F -67: In conjunction with all jurisdictions develop and adopt programs to protect water quality and quantity within watersheds, aquifers and marine water bodies which cross jurisdictional boundaries. Stormwater and Drainage Stormwater is that portion of rainwater that does not naturally percolate into the ground or evaporate, but flows overland or through pipes, gullies or channels into a defined channel, or a constructed infiltration facility. In many cases, stormwater is associated with impervious surface in areas where development has taken place. In these areas, replacement of natural drainage systems with built systems results in short and long -term public costs and can lead to environmental degradation, including flooding, erosion, sedimentation, habitat loss, and degradation of water quality. Various land uses can have significant effects on water flow. Sedimentation from ground disturbed by grading, new development, farming, and logging can reduce river or stream channel capacity, fill small lakes and smother aquatic life and habitats. Surface water runoff from developed areas can carry pollutants such as oil, heavy metals, garden chemicals, and animal wastes into the water system; runoff from farms and forests can bring pollutants including fertilizers and pesticides. Rationale for proposed amendments: Some costs in these systems are not felt by the public until upgrades occur, etc. in the future. Whatcom County Comprehensive Plan 11 -19 C:\Oocuments and settingsNdministratohLocal Settings \Temp\Chp 11 ENVIRONMENT(Council Approved Version 2- 10- 04).doc Chapter Eleven - Environment "Natural Systems July 24 2nng GOAL 11 G: Protect water resources and natural drainage systems by controlling the quality and quantity of stormwater runoff. Policy 11 G -1: Manage stormwater runoff to minimize surface water quality and quantity impacts and downstream impacts on channel morphology, propertyowners and fish aquatic habitats. Rationale for proposed amendment: Also mentioned in the URS report. These are "quantity" impacts already mentioned. Policy 11G -2: Maintain or enhance when appropriate natural drainage systems and natural water storage sites in order to better protect water quality, moderate water quantity, minimize environmental degradation, and reduce public costs. Policy 11 G -3: Limit the alteration of natural drainage systems and natural water storage sites without acceptable mitigating measures. Such measures should not significantly degrade water quality or fish and wildlife habitat, and should not increase hazards to the community. Policy 11G -4: Support the use by resource industries, such as agriculture, forestry, and mineral resource extraction, of management practices that minimize erosion and sedimentation, and significantly reduce pollutants. Policy 11 G -5: Evaluate the role of watersheds in the maintenance of water quality and quantity and determine what cumulative impacts development activity may have on watershed hydrology. Policy 11G -6: Develop specific stormwater management programs for each drainage basin within the county's jurisdiction which may be impacted by urban levels of development. Recognize the Lake Whatcom Watershed Lake Samish. and Drayton Harbor as a high prioritiesy in this effort. Coordinate efforts with the Lake Whatcom Management Gomm ttee program, the Lake Samish Watershed Management Advisory Committee the shellfish Protection districts, and other watershed management plans. Rationale for proposed amendment: Lake Samish and Drayton Harbor have also been designated as Water Resource Special Management Areas in Title 20. Policy 11G -7: Establish, as a high priority, a stormwater maintenance program which assures that stormwater systems function at or near design capacity. Policy 11G -8: Encourage the use of Low Impact Develop amount of impervious surface whenever engineering design methods such as the swales instead of curbs and gutters. Where surfacing options and other techniques development (see Glossary). 11 -20 nent Strategies. Minimize the practicable by using natural use of open, grassed street feasible, E encourage alternate associated with low impact County Comprehensive Plan July 24, 2003 Chapter Eleven - Environment ** Natural Systems Rationale for proposed amendment: By adopting low impact development techniques such as impervious limits, standards for vegetation retention, and stream habitat improvements, less sediment leaves sites of development. The value of grass swales is not in reduction of imperious surface, as implied. The value of swales is treatment of stormwater. The County is currently doing this in the Water Resource Protection Overlay Districts, Policy 11 G -9: Develop and ad minister stormwater management standards as required by the NPDES Phase II Permit. Rationale for proposed amendment: This new policy reflects Whatcom County's responsibility to comply with State requirements under the new Stormwater Phase 11 requirements of the federal Clean Water Act. Pok DeveloI2 and administer eaulations and incentives such that there is �n loss of afees44al ecoloaical fundiQua and values as of aad • wildl Shelifish- NaNtaf * * * * ** *MOVED TO PAGE 11.29 * * * * * ** ff9ductive r.-- arm usew and Cost 9f F86AI -rep reqtAFAWR Rationale forproposed amendment: Marine andShellfish sections are recommended to be combined in one category, therefore, the Shellfish Habitat section has been moved to page 11-29, Goal 11L. Whatcom County Comprehensive Plan 11 -21 C' \Documents and SetlingsV dministreiohi -ocal Settlngs \Temp \Chp 11 ENVIRONMENT(Council Approved Version 2- 10- 04).doc Chapter Eleven - Environment" Natural Systems July 24 2003 NATURALSYSTEMS Introduction Natural systems refers to the complex biological ecosystem that has grown from the geologic setting of Whatcom County. It includes fish and wildlife, as well as diverse vegetation that has adapted to a variety of physical and climatic conditions (Map 25, Map 26). Natural Systems goals and policies are intended to provide guidance to county government as it assists citizens to effectively manage and enhance these natural systems, and ensures that the benefits of these systems are maintained far into the future. GMA Requirements • See Appendix C. BACKGROUND SUMMARY Whatcom County provides a wide variety of natural habitats which support and shelter a diverse array of fish and wildlife species. The county's wildlife is particularly varied and abundant when compared to many other areas of Washington State. There are a number of factors that have contributed to this: abundant water resources, rich soils, mild climate conditions, and a moderate degree of urbanization are among the most important. Among the habitats of importance to fish and wildlife are the following: • wetlands, lakes, and streams • forested habitats in a variety of • nearshore inter -tidal and esluariness successional stages habita sAd FP@F ne hsh Isis including. ut • caves, cliffs, and talus slopes not limited to kelp and eelgrass beds • grasslands and cultivated fields • riparian areas and other travel corridors thickets and fence rows • snags and downed logs Aquatic habitats include rivers, streams, ponds, lakes and their riparian borders. Together, these habitats are essential to Whatcom County's fish and wildlife. Twenty -six species of fish, including twelve economically important stocks of salmon and trout, inhabit fresh water in Whatcom County for all or part of their life cycles. Healthy flowing streams and rivers, as well as off - channel wetland habitats, are essential to the survival of the majority of these fish. Wetland ponds, especially beaver ponds, provide optimal habitats for rearing and over - wintering of young fish, particularly coho salmon and cutthroat trout juveniles. Most regional wildlife species regularly use aquatic and riparian habitats for breeding, feeding, shelter and migratory activities. Of this large grouping, over half are dependent upon wetland habitats at some point in their life cycles, and would decline or disappear in the absence of wetlands. Wetlands also contain unique vegetative communities that harbor many species of rare and unusual plants. Whatcom County Comprehensive 11 -22 July 24, 2003 Chapter Eleven - Environment '" Natural Systems Rationale for proposed amendment: Marine and Shellfish sections are recommended to be combined in one category, therefore, the Marine Habitat section has been moved. ISSUES, GOALS, AND POLICIES General - Natural Systems Growth and urbanization of the land base have and may continue to impose a risk to the degradation and reduction of natural systems. Wetlands and estuaries continue to be lost incrementally. Streams and their adjacent riparian habitat are affected by land clearing, ditching, erosion and road building. Lakeshore development degrades the foreshore environment for waterfowl and other species, as well as negatively affecting water quality. It is estimated that Washington has also lost approximately one -third of its historic eelgrass beds from a variety of causes, including dredging, shading, and filling. Large- diameter snags and downed logs, an essential feature for dozens of wildlife species, are lost during clearing or intensive forest management. Forested habitats are lost to a number of development processes including urbanization, agriculture, increased rural /suburban housing density, and timber harvesting. The delicate environment of cliffs and caves may be affected by housing development, mining, and other activities. Conversely, grasslands, thickets, fields, and fence rows are habitats largely provided and enhanced by human activities, and are thus fairly abundant and stable within the developing county. The existence of farms, in particular, has contributed to an abundance of these more open, pastoral habitats. Many stream systems in Whatcom County have been altered by agriculture, forestry, and development, and flood control Practices contributing to fisheries loss, water pollution, sedimentation and other problems. These impacts can directly affect the fisheries resources by depositing silt and debris into spawning beds, by removing trees that shade and cool the water, and- stabilize stabilizing banks, interfering with the recruitment and establishment of large woodv debris (LWD), by obstructing fish passage with culverts and roads, by altering natural channels through filling bank hardening and channelizing. In addition. the Physical Processes that create functional habitats for fish lifestages are altered by increasing flows through stormwater runoff or consuming water volume for other out of stream uses. Rationale forproposed amendment: The impacts of hydromodification on stream and river geo- morphology have been identified as issues that neet to be addressed in accordance with the Whatcom County Endangered Species Act Evaluation (URS -April 2001). Finally, the cultural value of functioning habitats including wetlands and the fish and wildlife they harbor has often been ignored in land use decisions. The gathering of fish, game and other natural resources forms a central aspect of many cultures in this region. Also, the mere presence Rationale for proposed amendment: Wetlands function as habitat for fish and wildlife species and need to retain certain characteristics to retain the habitat functions. These Whatcom County Comprehensive Plan 11 -23 C \Documents and seaingsVAdministramsLocal SeaingsUemp\Chp 11 ENVIRONMENT(Counal Approved Version 2- 10- 04).doc Chapter Eleven - Environment "Natural Systems July 24 2003 amendments reinforces the connection of habitat structure and function to maintaining healthy fish and wildlife populations while also providing for a healthy environment for human inhabitants. The outdoor aesthetic and recreational values of the Whatcom County landscape are recognized to attract people and businesses to this area. GOAL 11 HJ: Protect and enhance natural systems which provide economic, ecological, aesthetic and cultural benefit. Policy 11 HJ-1: Define and identify habitats and habitat features important to fish and wildlife. Policy 11 HJ -2: Develop and adopt programs which protect habitats that are essential to the conservation of species that have been identified as endangered, threatened or sensitive by the state or federal government. Specifically, these programs should maintain and encourage restoration of habitat conditions for threatened species. Policy 11 HJ-3: Develop and adopt programs which provide incentives for the protection of environmentally fragile areas or critical wildlife habitats. Policy 11 HJ -4: Where feasible incorporate fish and wildlife habitats into public capital improvement projects, and consider for incorporation into mitigation banking program. Policy 11 HJ-5: Provide measures to mitigate water quality and quantity impacts from both public and private alterations of natural drainage systems. Policy 11 HJ-6: Consider sensitive fish, shellfish, and wildlife species and their habitats when establishing zoning densities and patterns. Policy 11 HJ -7: Promote voluntary fish and wildlife habitat enhancement projects through educational and incentive programs. These projects, which can be done by individuals, organizations, and businesses, should buffer and expand fish and wildlife habitat. Policy 11 HJ -8: Give careful consideration to the siting of industrial, commercial, residential, and other use designations when located near important marine habitats. Policy 11 HJ -9: Protect, retain and enhance the beneficial uses and functions of streams and rivers. Define and identify the beneficial uses and functions of streams and rivers which include wildlife and fisheries habitat, water quality, open space, aesthetics, and recreation. Policy 11 HJ -10: Protect and enhance natural systems when flood control measures are utilized. Policy 11 HJ-11: a ula the operation of river gravel extraction activities in such a manner so as to provide long -term protection of fish and wildlife habitat and water quality. Whatcom County Comprehensive Plan 11 -24 July 24, 2003 Chapter Eleven - Environment "" Natural Systems Policy 11 Hd -12: Support design and development of residential and industrial development that minimizes disturbance to s compel' ble ,. th rivers, and streams, and functioning riparian areas. Rationale for proposed amendment: Clarification of policy intent. Includes riparian areas, which are critical components to stream ecology. Policy 11 Hd -13: Evaluate the full value of the fishery, including its cultural and economic value, in land use decisions that may impact that fishery. Unavoidable impacts to an individual habitat or fishery should shalt be mitigated. Native Fish and Wildlife Populations and Habitat Optimum habitat for Pacific Northwest salmon and other fish is one that resembles the riparian landscape of pre - settlement times: braided streams wandering freely through nearly continuous forest; trees overhanging and partly fallen into streams; stream beds with abundant logs, step waterfalls, pools, and cutbanks, and vegetated marine and estuarine communities. In most cases, it is not realistic to return to that state. However, measures can be taken to retain or regain those features which provide the minimum requirements of a viable fishery. The best habitat for native wildlife includes native plants that have evolved and occur naturally in the county. Native plants are more closely matched to local soils, climate and wildlife. They provide the right kinds of food, shelter and diversity needed by wildlife. Native plants frequently need less watering, spraying, pruning, fertilizing, and other maintenance than exotic or imported plants. Loss of native vegetation through conversion to ornamental vegetation and non - native species often results in loss of wildlife habitat, increased competition to native wildlife from introduced species such as starlings, and increased maintenance needs. Loss of native vegetation also can occur through invasions such as the spread of Spartina, which can drastically displace important native eelgrass communities. GOAL 111#: Protect and enhance natural systems that support native fish and wildlife populations and habitat. Policy 111K -1: Strongly discourage any activity that might cause significant degradation of the fishery resource or habitat. Policy 111K -2: Support the protection and enhancement of significant fish spawning and rearing habitat, food resources refugia (shelter) and travel passages. Rationale for proposed amendment: Refugia: A source of shetter or safety (provided by the physical and biological characteristics of the habitat). Rationale for proposed amendment: There are other issues to consider when supporting and approving development, in addition to fish habitat (traffic, safety, etc.) Whatcom County Comprehensive Plan 11 -25 C \Documents and SettngsV dministmtor\Loral settings \Temp \Chp 11 ENVIRONMENT(Coundl Approved Version 2- 10 -04) doc Chapter Eleven - Environment "Natural Systems _ July 24, 2003 Policy 11 IK -34: Establish non - regulatory mechanisms and incentives for development that accommodates the habitat needs of fish and wildlife and encourages good stewardship practices. Policy 11IK -45: Support protection and enhancement offish and wildlife habitatthrough site design in new development. Policy 11114 -56: Native vegetation and soils on stream banks and shorelines should be disturbed as little as possible. In situationswhere re- vegetation is necessary to restore stream -side bank orshoreline stability and provide shading, site - specific native plants should be used. Retention of vegetated riparian areas on all lake and marine shorelines should also be supported encouraged. Rationale forproposed amendment: Vegetation in riparian areas on lakes and marine shorelines should be required because buffers serve as natural boundaries between water and development. They protect water quality by filtering runoff from pollutants, sediment, and nutrients. Vegetation also stabalizes banks and helps control flooding. Policy 11 IK -67: Supper# Encourage natural or bio- engineering solutions such as planting native vegetation engineered loo lams /LW D and beach nourishment along eroding banks to address stream bank erosion problems. Riparian buffers should be replanted with suitable native vegetation as a Part of all bank stabilization Projects. Rationale for proposed amendment., Native vegetation should be retained due to its relationship with the native soils and its importance to water quality protection. See also above mentioned items. Policy 11IK -78: Support Encourage native vegetation and soils retention and plantings which provide or maintain the beneficial uses and functions of streams, rivers, lakes and marine shorelines. Rationale for proposed amendment., Native vegetation should be retained due to its relationship with the native soils and its importance to water quality protection. Policy 11IK -89: Maintain and encourage restoration of habitat functions for threatened and endangered fish species. Wetlands Wetlands are crucial environmental features in Whatcom County. Once thought of as waste areas and unproductive lands, it is now known that wetlands provide invaluable functions in aquifer recharge, groundwater storage, flood water detention eentainment, pollutant removal and purification of water supplies, as well as provision of fish and wildlife habitat. Loss of wetlands has been due to many factors including urbanization, and to a large degree to agricultural development and associated drainage projects. Rationale for proposed amendment: The water is not permanently contained, only temporarily detained. Whatcom County Comprehensive Plan 11 -26 July 24, 2003 Chapter Eleven - Environment " Natural Systems A plethora of complex and often confusing laws govern the definition, delineation, and protection of wetlands. These laws originate at national, state, and county levels. Land managers and private citizens often experience difficulty in interpreting, synthesizing, and applying wetland regulations. In general, however, slate regulations must comply with federal standards and local regulations must comply with both federal and state standards. GOAL 11 J6: Conserve and enhance important wetlands. Policy 11 JL-1: Recognize natural wetlands such as swamps, bogs, marshes and ponds for their value in cleaning water, reducing flood damage, providing valuable habitat for plants, fish and wildlife, and as sites for groundwater recharge. Policy I IJL -2: Develop and adopt criteria to Jidentify and evaluate wetland functions that meet the Best Available Science standard and that are consistent with state and federal guidelines and the rvaFying degrees Af d st nguish between s gn f Gant and non s gn f cant Wetlands. Rationale for proposed amendment: WAC 173 - 26.320 (ii) In addressing issues related to critical areas, use scientific and technical information, as described in WAC 173 -26 -300 (2)(a), and include BestAvailable Science, as provided forin chapter36.70A RCW. When science is lacking, base decisions related to the protection of T &E species on an approach that minimizes risk to those species and places the highest priority on their protection and restoration. (iii) Where necessary for the protection of the ecological functions of a critical area, including properly functioning condition for T &E species, review provisions outside the designated critical area pursuant to RCW 90.58.340. (iv) In protecting and restoring critical areas within shoreline jurisdiction, integrate the full spectrum of planning and regulatory measures, including the comprehensive plan, interlocal watershed plans, local development regulations, and state, tribal, and federal programs. For shoreline areas affecting T &E species, make full use of such provisions to maintain or achieve properly functioning condition. Whatcom County has not adopted criteria for identifying and evaluating wetlands and their functions that meet the Best Available Science standard and that are consistent with state and federal guidelines. Development, adoption, and use of criteria thatare consistentand defensible will provide for greater predictability and accountability in wetlands regulation. "We understand that wetlands serve a variety of functions and in varying magnitudes. Some wetlands in the County may be more valuable to the County for some functions, such as wildlife habitat. However, these wetlands may also provide functions that are less known or evident such as denitrification or sediment removal, which makes them more valuable to fish or downstream property owners. Even agricultural wetlands that are continually plowed may provide significant hydrologic functions. It is unknown what the cumulative impacts to the degraded, agricultural or isolated wetlands are to the overall watershed health. It is, therefore, important to look at each wetland system on a case by case basis to determine if it functions in the watershed. If those functions are impacted, they should be mitigated to reduce the implications of cumulative impacts. Cumulative impacts to wetlands functions can be very costly for local governments to remediate through stormwater improvements, fisheries habitat restoration projects, etc." Policy 11 J6 -3: Biologic and eesRemlc functions values of wetlands are complex and interwoven. Evaluate the full range of potential and immediate economic Whatcom County Comprehensive Plan 11 -27 C:\pocumen6 and setlingsWrninistator\LOral Setlings \Temp \Chp 11 ENVIRONMENT(Council Approved Version 2- 10 -04) doc Chapter Eleven - Environment ** Natural Systems July 24 2003 impacts in land -use decisions relating to wetlands, including the value a fisheries, wildlife, recreation, farmlands, sustainable resources, air and water quality, flood control, real estate, cultural attributes, and otherentities. Rationale for proposed amendment: The word "value" is subjective. Policy 11 JL-4: Suppek Encourage land development that avoids ,G— ,aas— Pr^'^ra min Fni7ps or mitigates wetland less impacts. Loss -a Impacts to important wetlands should be contingent upon full mitigation measures that equitably compensate for wat'And fiIndians loq wetlands impacts on a case by case basis. Strongly 9 discourage alteration of land that results in the degradation of significant wetlands. Rationale for proposed amendment: Given ESA and stormwater guidelines being adopted by the state, such wording and the associated actions are necessary to meet County obligations. This is an example of the need for a comprehensive analysis of the range of processes that may indicate the need for broader changes to the comprehensive plan beyond the minimal amendments that may be apparent by a chapter by chapter approach to revision. Wetlands function in water quality, habitat, shoreline stabalization, sediment erosion control, stormwater attenuation, maintenance of baseflow, and groundwater recharge. Therefore, each wetland should be uniquely evaluated for losses in function and adverse impacts and to determine mitigation measures, on a case by case basis. Policy 11JL -5: Property rights and public services are an essential component of our political and economic system. Where such rights and public services are significantly compromised by the goal of wetland preservation, adverse wetland impacts may be permitted through standardized mitigation. This may include restoration, enhancement, creation, or off -site compensation for loss of wetland functions. Policy 11 JL -6: Recognize beneficial wetland uses, functions and values. Support protection of fish and wildlife habitat, water quality, plant diversity, flood attenuation and low flow contribution, and water storage through planning, acquisition, incentive programs and mitigation. Policy 11 JL -7: Development proposals should be assessed on a case -by -case basis so that marginal wetlands are not preserved at the expense of upland areas with higher habitat value. Whatcom County Comprehensive Plan 11 -25 Chapter Eleven - Environment "Action Plan July 24 2003 MARINE, Marina.- H.aaitX mDmmals, Rationale for proposed amendment: 1) The Marine Habitat section was cut and moved from page 11 -21 (Additional changes shown in dash - dot -dash underline). 2) Expands background discussion of marine resources to include brief discussion of local issues associate with resource management. 3) Recognizes ongoing marine resource planning efforts through the MRC as a source of scientific and technical expertise in the area of marine resource management. GOAL 11 K: Protect and enhance marine resources in Whatcom County Policy 11 K -1: Support the Whatcom County Marine Resources Committee in their Pursuit of the Northwest Straits Commission benchmarks as follows: • Broad county participation in MRC's • A net gain in high -value habitat and ecosystem functions • A net reduction in shellfish bed closures. • Measurable increases in factors supporting bottomfish recovery. • Population increases in other key indicator species • Coordination of scientific data. • Successful public education and outreach efforts- 5 e establishment of a regional system of Marine Protected Areas IMPA's1. Whatcom County Comprehensive Plan 11 -30 July 24, 2003 Chapter Eleven - Environment "Action Plan Rationale for proposed amendment: The currently adopted version of this chapter lacks any goals associated with the protection of marine resources which are a key component of the ecosystem. Shellfish Habitat GOAL 11LH: Protect and enhance shellfish h.pblt3Lt1[LG.¢[RfI.LOIAJ.dl.ii [ ld Lgueatimal ffrGwing areas in order to ensure a productive resource base for Iona -term use. Policy 11 H -1: Identify and designate marine shellfish habi(a(jpr,cpmm %rpjal and, recreational _rases erewine- areas. Policy 11 LH- 2: {mgry_e Restore degraded waters within the drainage basins of shellfish growing areas to,a_Igyel that all,Qwg[guppprts_,�hgpfsh. haryeating, Policy 11 LH -3: ^ " ^ ^ ^,,.o.,..a,•• �� ^• Protect shellfih resources by means of prevention as-the This should include surface and ground water monitoring for early detection of pollution which will minimize the damage and cost of resource restoration Policy 11 L_5._,_,_,_,_._,__DeveloR Lqw Irnpapt Dgyglopmmrri_.tap,oards in_heljfsh,babitat_arg�$, PQlipy 11 L-T_._._,_,_._._. Solicit, inp,trt, from, thg P, r� ,get_Sound_Aptipn_Team_.g(,�ff_ and_Shellfiab Whatcom County Comprehensive Plan 11 -31 C1Dacuments and setnngsW minlstravrLLocal Settings \Temp \Chp 11 ENVIRONMENT(Coundl Approved Version 2- 10-04) doc "Action Plan P, gIi, (;Y11. 4- 8; ............... Idgn,¢fy_gp,{f restgre fun,g,¢gn.�, gf kgy,wetland,�?rcg A. bich_ar�, ;glected throggh _,¢,g,�,(ayailable,landggpRe based, s�i,�pgg, P.4.h4Y,11j - '............... MRLIfY.cARntY roadjd.g.d.L�h _naintgpp.pgg_R ocedRf_�.LR.P.rotect wR(Rf 9.4.�.i1fY EQ.U.QY.11 L- 90_____________ GQ[ lfl[ 14e .19.Pad0.QC.YYdLhlurisdiclign _jn6 C,,to_miPjpllzg. imP_aR1�_4p `ihR!lfl�h.habitat Rationale for proposed amendments: 1) The Shellfish Habitat section was cut and moved from page 11 -20 (Additional changes shown in dash -dot -dash underline and strikethrough). 2) Minor amendments have been recommended to clarify the policies and recognize that there are both commercial and recreational shellfish resources in the county. 3) Policy 11M -4 was added to incorporate a address the need for public education regarding the importance of shellfish habitat in Whatcom County. 4) Urbanization poses an ongoing threat to water quality by increasing the percentage of impervious surface and resulting storm water runoff. Developing LID standards will provide guidelines for developers who want to convert land in sensitive areas. 5) Current legislation does not require fecal coliform reduction in storm water runoff, yet there are appropriate technologies which could be utilized to protect shellfish areas and have been utilized in other areas. 6) The Puget Sound Action Team and Shellfish Protection District work very closely with shellfish protection and restoration efforts and should be included early in the discussion of these issues. 7) A community -based effort which included a major developer, a non - profit, and Ecology conducted a study to identify wetland areas within the Drayton Harbor watershed which had the greatest potential to attenuate flow and reduce fecal coliform loading from upstream sources. The findings and recommendations are found in a February 2003 report titled: Draft Drayton Harbor Focused Watershed Analysis - Remediating Water Quality Impacts Through Application of Landscape Principles, written by Ecology. (This focused watershed analysis was conducted in order to develop specific land use recommendations and restoration measures that will potentially result in the restoration of ecological processes, structure and functions related to the improvement of water quality in the Drayton Harbor basins of Dakota and California Creeks) 11 -32 Whatcom County Comprehensive Plan July 24, 2003 Chapter Eleven - Environment "Action Plan ENVIRONMENT -- ACTION PLAN ENVIRONMENTAL MANAGEMENT Community Protection and Environmental Preservation Work with the community to develop and implement a comprehensive environmental management strategy. The result of these efforts should be a Comprehensive Environmental Management Program that identifies both regulatory and non - regulatory elements. These elements should be organized, developed and implemented consistent with the three sections of the Environmental chapter. They include Water Resources, Natural Systems, and Natural Hazards. 2. Explore and develop a funding source for environmental management efforts. The development of a management strategy should include evaluation of resource availability to ensure realistic goals and efficiency in implementation. Environmental Management Program Development A. Regulatory Action 3. Ensure that local regulations are not in conflict with one another, are in compliance with the new comprehensive plan, meet the minimum GMA requirements and are capable of being administered in an efficient and fair manner. Successful integration of Whatcom County environmental regulations must include the following: • Title 16 Whatcom County Critical Areas Ordinance 6ecal Whatcom County SEPA Program Ordinance Agriculture Nutrient Management Plan • Title 17 Whatcom County Flood Hazard Management • Title 20 Whatcom County Water Resource Protection Overlay Districts Whatcom County Stormwater Special Districts Whatcom County Water Resource Special Management Areas Whatcom County Clearing Regulations • Title 21 • Title 23 Whatcom County Shoreline Management Program WhatGeFa GOURty St-­­.­L­ Management • Whatcom County Comprehensive Plan °^gc..FPP Prc;cc;;cn Program am (agriculture, forestry, mining) • Whatcom County Coordinated Water System Plan P4ap • Other Local Environmental Regulations or Standards • Whatcom County Road Standards • Uniform Building Code Whatcom County Comprehensive Plan 11,33 C \Documents and SetlingsWdmimsVatMt_ocal Setlings\Temp\Chp 11 ENVIRONMENT(Councll Approved Version 2- 10- 04).doc Chapter Eleven - Environment "Action Plan July 24 2003 Rationale for proposed amendments: These programs were all adopted or amended after the adoption of the 1997 Whatcom County Comprehensive Plan. 4. Development Standards: As a subset of regulations, update the existing development standards to provide the detailed specifications to implement the necessary regulatory and non - regulatory environmental programs in Whatcom County. At minimum, these should include or compliment the following: Temporary gad me Natural Systems Manattement Hazards Management Water Rage FAAE PllaRagemeRt • Whatcom County Road Standards • Chapter 37 Land Clearing • Low Impact Development Standards Rationale for proposed amendment: 1) Many of these topics are included in the listed development standard chapters. 2) The Lake Whatcom Management Program includes goals, policies and action items that direct development of standards and /or regulatory updates to address transportation (roads), stormwater and urbanization /development. 3) Staff also agrees that Low Impact Development standards would assist in planning and being consistent, as well as utilizing Best Available Science. Because standards only provide the technical guidance for implementation of those activities allowed by regulatory authority, the development of these standards must follow both comprehensive plan and regulatory development. 5. Initiate a PFGGeSS that •, allo.. for the Continue to participate and support WRIA Watershed Planning efforts associated with the coordination of local, federal, tribal and state agencies to achieve integration or consistency between of federal, tribal state and local environmental regulations relating to the county. The objective should be to reduce confusion, conflicts, and duplication in administrative interpretation and at the counter during the permitting process. Rationale for proposed amendment: WRIA Watershed Planning has established a process to coordinate environmental regulations through the Natural Resource Policy Integration Program. B. Non - regulatory Action 6. Develop a comprehensive and streamlined system of permitting and approval of building and land development projects which incorporates environmental protection. All effort should be made to make the permitting process accessible and understandable to the public. To this end, the application and permitting process should be housed in one accessible location. Additionally, a uniform, step -by -step procedure should be developed for the permitting process. This procedure should be available as a printed handout to prospective applicants and other interested parties. Whatcom County Comprehensive Plan 11 -34 July 24, 2003 Chapter Eleven - Environment "Action Plan Rationale for proposed amendments: By developing a system to track development in sensitive watersheds, the County can more comprehensively monitor impacts to water quality, habitat for wildlife, and availability of resources. 87. Develop a working relationship with a local Land Trust and /or other similar organizations. In doing so, Whatcom County should seek assistance in the development and implementation of such non - regulatory elements as education, acquisition, mitigation and mitigation banking, conservation easements, and other non - regulatory tools. 99. Develop a well thought out non - regulatory programs proposal for submission to the County Council. In achieving these non - regulatory elements, Whatcom County should endeavor to reach cooperative arrangements with landowners, jurisdictions, memorandums of understanding and other interests. The programs will be comprised of a number of elements, including: • Education • Free Market Mechanisms • Technical Assistance • Restoration and Preservation • Acquisition • Innovative Development Alternatives • Incentives such as Development Rights Transfer, Tax Deferrals, etc. • Mitigation Banking 108. A technical committee should be established to develop these options and offer further recommendations to the County Council. Additionally, consideration should be given to the merits of utilizing other sources of expertise in developing a non - regulatory program of this type. Administrative Procedure 1140. Improve existing administrative procedures as follows: • Enforcement: Establish strong education inspection, compliance and enforcement measures for each of the three programs (Natural Hazards, Water Resources, and Natural Systems). An analysis of existing enforcement effectiveness should establish the requirements for additional enforcement needs. Rationale for proposed amendment: Also mentioned in the URS evaluation report. • Staffing: Provide adequate staffing to administer and enforce the programs outlined above. The county should analyze staffing needs and provide staffing to meet these needs. Whatcom County Comprehensive Plan 11 -35 CADomments and seNngsV dministrator Local Setfings\Temp \Chp 11 ENVIRONMENT (Council Appmved Version 2- 10- 04).doc Chapter Eleven - Environment "Action Plan July 24 2003 • Permits: Develop a streamlined permit process so that the applicant can readily understand what is required (in simple, straightforward language); can fill out the application without expending large amounts of time and money; and does not have to wait unacceptable periods of time. In meeting this objective, the county should pursue the following: one stop service clear permit information and instructions well thought out and reasonable permit requirements acceptable permit processing time code flexibility when necessary to provide for a reasonable use of property and when no other reasonable or economically feasible design alternative exists. review by pre- approved, private sector professional, where appropriate, to provide choice of reviewing options for applicants. • Information Service: Continue to develop a strategy of mapping and analysis of environmental features that affect land use activity. These efforts should supplement and refine existing knowledge and coordinate with other information gathering activities. To achieve this objective the county should: consult with private sector to review the methods and procedures for the above mapping and analysis; identify the specific type of land feature, the known location of the feature, and specific risk (probability of damage) of the particular feature or of human developments; broadly publish the results of the mapping and analysis, including maps, public information brochures, summaries, and complete documents. define relevant environmental terms such as "Environmentally Critical Areas." • Accountability: Review and modify existing policies, regulations, and administrative processes to insure efficiency, effective service to the community and implementation of the environmental goals of the Comprehensive Plan. Provide a time -table for the environmental review portion of permits to ensure predictable and expeditious processing of permits. Whatcom "^ rity'. eAVIFARFARRIRIreviev, 20 days wth the e3EeBptORof SPRA. Rev P.100 %h,hieh w 11 be 45 days Rationale for amendment: This is not a realistic timeline with current staffing and workload. The Environment and Private Rights 1243. Develop a working relationship with Gaunty Immeanemie IREIUSIPOASSOCiSt OR HEA), 'PH other development organizations, as well as environmental protection and property rights organizations. In doing so, Whatcom County should seek assistance from, and strive to assist, these organizations in the resolution of ongoing conflicts between development, environmental protection public resources, and property rights interests. Whatcom County Comprehensive Plan 11 -36 July 24, 2003 Chapter Eleven - Environment "Action Plan Rationale for proposed amendment: Public resources and private organizations need to be represented in the discussions and decision making. NATURAL HAZARDS 1342. Conduct public process with affected citizens, technical experts and decision makers to establish recommended levels of public risk for each of the identified natural hazards. In developing recommended levels of public risk for natural hazards consider the appropriate variables affecting developments in hazardous areas. These variables may include: • Specific types of risk associated with the particular hazard area • The gradation of hazards associated with a particular gee- hazard Rationale for proposed amendment: "Geo- hazard" is not a real word. More specific wording is needed to describe the nature of the hazard (e.g. geological, geographical, geopolitical...). • Level of detail necessary to map hazard areas • Different levels of risk associated with different ownership classes (e.g. public ownership versus private ownership) • Different levels of risk associated with different types of land uses • Mitigation measures related to specific adverse impacts of development in hazard areas Once a set of risk levels have been identified, propose these risk levels for adoption by the Planning Commission and County Council as the level to which future development must be designed. 144-3. Formally establish acceptable levels of public risk for use in approving and conditioning development activity in known natural hazard areas. The established level of risk may be expressed as the des gn even potential hazard Dosed as determined by scientific and historical methods applicable to each specific natural hazard. Rationale for proposed amendment: "Design Event "is not a technical term. 1544. Require applicants for development permits located in identified natural hazard areas to provide development plans designed to minimize the potential to exacerbate the natural hazard as well as the risk of damage to property or threats to human health and safety according to the following ordered preference: Rationale for proposed amendment: There are at least two aspects of evaluating the hazard. First, there is the evaluation of what risk a given hazard, such as a steep, potentially unstable slope, poses to a proposed development. Second, there is the evaluation of what effects or influences the proposed development might have on the identified hazard. An example is a slope that is largely stable under undisturbed conditions Whatcom County Comprehensive Plan 11-37 C \Documents and SettingsAdministratorLLocal Settings \Temp \Chp 11 ENVIRONMENT(Council Approved Version 2- 10- 04).doc Chapter Eleven -Environment "Action Plan July 24 2003 but then becomes unstable and poses a much greater risk when the site is developed. This could occur when trees and theirroot strength are removed for site development and the site hydrology is changed by access roads and routing of drainage from impervious surfaces. 16. NU • Avoid the identified hazard area if possible. If not, • Provide a qualified professional assessment of the hazard type frequency, Potential magnitude and adequate mitigation Rationale for proposed amendment: The Critical Areas Ordinance requires qualified professional assessment for Natural Hazards that must address type, frequency, and potential magnitude. • provide an engineered structural design to withstand calculated forces associated with the design event applicable to a specific natural hazard while creating no off -site impacts to adjacent property owners or natural systems. • If off -site impacts are likely to occur as a result of the engineered design, provide mitigation plans for identified adverse off -site impacts to adjacent property owners and natural systems along with the above engineered structural design. • In natural hazard areas where engineering solutions cannot be designed to withstand the forces expected to occur under the design event of a particular natural hazard, or off -site adverse impacts to adjacent properties or natural systems cannot be adequately mitigated, W hatcom County may prohibit development permits intended for permanent or seasonal human habitation. Rationale for proposed amendment: The safety of human habitation should be protected under permanent and seasonal living circumstances. Review the findings and recommendations of the Comprehensive Flood Hazard Management Plan (CFHMP) and make appropriate recommendations for land use and zoning regulations to the Planning Commission and County Council to assist in the implementation of the CFHMP. Whatcom County Comprehensive Plan 11 -38 July 24, 2003 Chapter Eleven - Environment "Action Plan Rationale for proposed amendments: If an area is hazardous, it is not an appropriate place for development, regardless of liability. 1847. Include identified natural hazard areas in areas designated for pfagrams density reduction. WATER RESOURCES 194-8. Promote and participate in efforts to protect and manage water quality and quantity through non - regulatory actions such as education, incentives, and technical /financial assistance. Particular emphasis should be placed on efforts which increase and enhance efficiency among existing programs. gugh as "-^^^ Af Committee and many ef the greund and suFfaee wateF management Gomm Rees. Programs which emphasize multiple solutions to water resource questions should receive top priority. 20. Rationale forproposed amendment: The Water Resources Education Committee and the ground and surface water committees no longer exist. There are numerous committees and work groups that focus on Water Resource issues. Rationale for proposed amendment: WRIA Watershed Management Planning will define and identify water resources that mayrequire special protection. This project will be producing tools for evaluating water quality problems, recommendations for addressing these issues, and will provide valuable information that can be used in education. 2149. Promote more efficient use of the resource by supporting and /or participating in efforts of the County -wide Conservation Committee, the Whatcom Water Utilities Committee (WWUC) WRIA Watershed Management Planning, and other avenues as they may arise. Rationale for proposed amendment: See above mentioned items. 229. Continue the identification of areas requiring special protection such as wellhead protection areas, aquifers and high priority watersheds, and incorporate that knowledge into management actions including dissemination of the information to the general public. 234. Pursue adoption and implementation of ground and /or surface water management plans and protection efforts, and integrate the plans into local comprehensive plans. 242. Support existing and pending programs such as those directed at Lake Whatcom, the Nooksack Basin, Abbottsford /Sumas Aquifer, Blaine Groundwater Management Area, Critical Aquifer Recharge Areas W RIA Watershed Management Planning and Wellhead Protection (Sumas, Blaine and Everson are currently under development). The level of support for these programs must be consistent with County budgeting priorities. Whatcom County Comprehensive Plan 11 -39 CADocuments and sedingsVldministratohLocal Settings \Temp\Chp 11 ENVIRONMENT(Council Approved Version 2- 10 -04) doc Chapter Eleven - Environment "Action Plan July 24 2003 255. Rationale for proposed amendment: See above mentioned items. Rationale for proposed amendments: See above mentioned items. 264. Identify critical aquifer recharge areas and develop management options for review by the County Council. 275. Develop criteria for establishing water resource protection areas, and adopt measures to protect those areas. Rationale for proposed amendments: It has been demonstrated that metering of water reduces water usage by making the owner aware of their exact consumption and the cost per gallon. 297. Actively participate in the current process to establish a county -wide water resources management body. Stormwater 309. Develop a comprehensive stormwater management program designed to manage the runoff from public facilities and industrial, commercial, and urban residential areas including streets and roads in compliance with NPDES requirements. Each component of the program shall cover both new and existing developments. Emphasis should be placed on controlling stormwater through source controls and Bbest Mrnanagement Ppractices. Rationale for proposed amendment: This is more appropriate wording and integrates the Best Available Science. 3129. At a minimum, each urban 6tamnyvate the components of this program shall include: • Identification of potentially significant pollutant sources and their relationship to the drainage system and water bodies. • Investigation of problem drains, including sampling. Whatcom County Comprehensive Plan 11 -40 11% IN OMAN- 061-011,01011-N W110114 Rationale for proposed amendments: See above mentioned items. 264. Identify critical aquifer recharge areas and develop management options for review by the County Council. 275. Develop criteria for establishing water resource protection areas, and adopt measures to protect those areas. Rationale for proposed amendments: It has been demonstrated that metering of water reduces water usage by making the owner aware of their exact consumption and the cost per gallon. 297. Actively participate in the current process to establish a county -wide water resources management body. Stormwater 309. Develop a comprehensive stormwater management program designed to manage the runoff from public facilities and industrial, commercial, and urban residential areas including streets and roads in compliance with NPDES requirements. Each component of the program shall cover both new and existing developments. Emphasis should be placed on controlling stormwater through source controls and Bbest Mrnanagement Ppractices. Rationale for proposed amendment: This is more appropriate wording and integrates the Best Available Science. 3129. At a minimum, each urban 6tamnyvate the components of this program shall include: • Identification of potentially significant pollutant sources and their relationship to the drainage system and water bodies. • Investigation of problem drains, including sampling. Whatcom County Comprehensive Plan 11 -40 July 24, 2003 Chapter Eleven - Environment "Action Plan • Programs for operation and maintenance of storm drains, detention systems, ditches and culverts. • Awater quality response program to investigate sources of pollutants, spills, fish kills, illegal hookups, dumping, and other water quality problems. These investigations should be used to support compliance/ enforcement efforts. • Assurance of adequate local funding forthe stormwater program through surfacewater utilities, sewer charges, fees, or other revenue - generating sources. • Local coordination arrangement such as interlocal agreements, joint programs, consistent standards, or regional boards or committees. • Ordinances requiring implementation of stormwater control for new development. • A public stormwater educational program aimed at residents, businesses, and industries in the urban area. • Strong inspection, compliance, and enforcement measures. • An implementation schedule. • Adequate design specifications and construction practices to insure minimized on -site erosion and sedimentation during and after construction. 329. Incorporate watershed considerations into the development of a comprehensive stormwater management strategy. This should include the identification of priority watersheds relative to stormwater management and the application of Action Item 29 to each watershed in the order of their priority. 334. G91RAprehensue stenmwatei: Management strategy. in this effelot, develop best ^^�. Review Stormwater Special Districts Standards that address runoff treatment from potentially polluting surfaces for their applicability to other sensitive watersheds. Rationale for proposed amendment: Development standards already exist. These standards could possibly be tailored to other sensitive watersheds. 342. Amend subdivision, zoning, and other land use regulations and design standards to require that land use activity minimize the amount of impervious surface whenever practical. Th' q ^r Iri RGIUCIA th^ 4Se of opeR space, grass lined qwalpq instead Of G1_1FhS and- gutte;T Alternate surfacing options should be encouraged wherever possible. Rationale for proposed amendment: See comment on Policy 11 G -8. 355. Identify and implement a long term funding source to provide for water resource protection services including non -point source identification and enforcement of applicable county regulations. Whatcom County Comprehensive Plan 11-41 CADocuments and SettingsV dministratorlocal Se %ngMTemp \Chp 11 ENVIRONMENT(Council Approved Version 2- 10- 04).doc Chapter Eleven -Environment "Action Plan July 24 2003 364. Focus on the Lake Whatcom watershed as a high priority in developing a stormwater management program. Develop a stormwater management plan which achieves a uniform level of protection throughout the Lake Whatcom watershed. Ensure coordination and communication with the public and affected jurisdictions such as Water District 10, Sudden Valley Community Association, and Bellingham. 375. Work with the Technical Advisory Committee and otheraopropri ate agenciesinrevisingor developing standards necessary to ensure watershed protection and then coordinate the effort with within sensitive watersbad5 far naoina monitoring and evaluation. 386. Develop and implement a stormwater maintenance program for the Lake Whatcom Watershed that would ensure that existing systems are adequately maintained. 397. Ensure that existing stormwater standards are adequately enforced within the Lake Whatcom wate:chcd Stormwater Special Districts. Rationale for amendment: These standards are extended to the Lake Whatcom and Lake Samish watersheds, and Drayton Harbor, or the Stormwater Special Districts. 408. Place a high priority on integrating impervious surface reduction incentives into policies, regulations, and standards for the Lake Whatcom and Lake Samish watersheds. Rationale foramendment: The proposed amendment is consistent with the provisions of WCC 20.71 — Water Resource Protection Overlay District which apply to Lake Whatcom and Lake Samish. 4139. Prioritize project review in the Lake Whatcom, Lake Samish and Drayton Harbor watersheds. in tiate Continue to implement an administrative review process for new development projects within the Lake Whatcom Lake Samish and Drayton Harbor watersheds to clearly resolve potential stormwater problems prior to construction. Rationale for amendment: The Lake Samish and Drayton Harbor watersheds are also subject to additional administrative review under the provisions of the Stormwater Special District Standards. NATURAL SYSTEMS General 420. Formulate and implementa comprehensive watershed -based environmental management program to protect fish and wildlife. The program will include the remaining action items. 434. Formulate an administrative approach to the review of development and planning proposals which consider natural system policies. 442. Investigate and develop programs for acquisition and restoration of important fish and wildlife habitat areas. Whatcom County Comprehensive Plan 11 -42 July 24, 2003 Chapter Eleven - Environment "Action Plan 453. Develop and enter into cooperative agreements with State and Federal agencies and neighboring jurisdictions for the purpose of identifying and protecting natural systems. 464. Identify and map important habitat corridors throughout the county. 475. Support the development of an educational booklet which lists, describes, and characterizes the appropriate use of native vegetation to enhance natural systems in Whatcom County. Fish and Wildlife 48. Update the County fish and wildlife folio. Rationale for proposed amendment: Current information is out - dated. 496. Develop an outreach program with landowners and citizens for the purpose of further identifying, understanding, and supporting stewardship of wildlife species and their habitats. This program may include open space tax incentives, cooperative arrangements, volunteer stewardship programs, site- specific management plans, conservation easements, and provision of educational materials. 507. Support the development of educational programs to reduce adverse cumulative impacts to fish and wildlife from incremental riparian vegetation removal on marine and freshwater shorelines, especially in areas of high density development. 518. Develop geographically -based wildlife management plans for important habitat conservation areas. These plans should take into full consideration the unique environmental qualities of the area as well as the existing or planned surrounding land use activities and constraints. These plans should be utilized as a basis for both the formulation and administration of regulations that address fish and wildlife protection. 5249. Amend the existing Whatcom County Development Standards to provide design standards and specifications for the passage of fish through culverts where necessary and feasible. Implement a program that corrects existing obstructions to fish passage. 539. Develop and distribute educational materials to the public which describe the characteristics of healthy and viable fish and wildlife habitats. 543. Identify existing and historically important fish habitats. Include a component that seeks to protect and restore these habitats and to mitigate future impacts to fish habitats. 552. Determine appropriate stream and river buffer widths, based upon Bbest Aavailable Sscience, that will optimize fish and wildlife habitat and water quality. 563. Coordinate the various jurisdictional interests and the responsibilities of Whatcom County. 574. Amend the Whatcom County Shoreline Management Program to protect threatened and endangered species, consistent with RCW 90.58 and Department of Ecology rules (WAC 173 -26). Whatcom County Comprehensive Plan 11-43 C \Documents and senngsuvaunisinatorlocal Settings \Temp \Chp 11 ENVIRONMENT(Council Approvecl Version 2 -1 M,d.doc Chapter Eleven - Environment "Action Plan July 24 2003 585. Amend the Critical Areas Ordinance to protect threatened and endangered species, consistent with RCW 36.70A.172, which calls for giving special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries, and Department of Ecology rules relating to Bbest Aavailable Sscience (WAC 365 -195, Part IX). 596. Amend the Whatcom County Land Division Regulations approval criteria to require subdivisions and short plats to be designed in a manner to protect fish habitat and water quality when a fish bearing stream or river passes through the site. 607. Review and consider amendments to the Whatcom County Development Standards, Stormwater Management chapter, to protect threatened and endangered species. Review and consider amendments to the Stormwater Management chapter consistent with the Department of Ecology's new manual. 618. Review and consider amendments to the Whatcom County Development Standards, Land Clearing chapter, to protect threatened and endangered species. Wetlands 62. Consider rezoning in areas of the County that are largely comprised of critical areas 63. Develop a system of classifving wetlands assigning buffers and addressing riparian wetlands and habitat for listed species that follows state guidelines 64. Incorporate Best Available Science to support criteria for buffer reductions and mitigation Rationale forAmendment: This was recommended by the URS report. These amendments would comply with the purposes of updating the Comprehensive Plan and state guidelines. 6559. Formulate a comprehensive watershed -based wetlands protection component of the management program that incorporates both regulatory and non - regulatory elements in order to protect wetlands in Whatcom County. This component will include the remaining action statements. 669. Describe, inventory and categorize wetland systems in Whatcom County. Assess the functions and values of these systems as they relate to fish, wildlife, water quality, and water quantity. 674. Synthesize the myriad of federal, state and local regulations relating to wetlands into a single, unified local policy document that meets the intent and direction of the comprehensive plan. This document should be as brief and concise as possible. 682. Develop a mitigation program that will allow for full development build -out in designated Industrial and commercial zoning districts. The program should include provisions for the creation of off -site wetland mitigation and for the creation and utilization of mitigation banking. an wiilr ze the T„n _- a_ _ _ pans, Whatcom County Comprehensive Plan 11 -44 July 24, 2003 Chapter Eleven -Environment "Acton Plan Marine 70. 71. 72. 73. Develop educational tools and opportunities to raise public awareness of marine issues and inform them of how they can affect change and help preserve these resources 74. 75. 76. Identify areas within the county that are important to shellfish habitat preservation i.e. wetlands nearshore areas etc Utilize this data when making land use management and preservation decisions. Rationale for proposed amendments: The above action items are aimed at supporting and coordinating with the MRC, WRIA Watershed Management Planning, the SRFBoard, as well as other local, state and federal agencies in guiding marine resources management. Add to Glossary: Sources: 1) "Innovative Stormwater Management Practices, "Puget Sound Water Quality Action Team, February 2002; 2) "Low Impact Development (LID) - A Literature Review," Whatcom County Comprehensive Plan 11-05 C1Dacuments and SettingsWn inistrator \Local Seftgs \Temp \Chp 11 ENVIRONMENT(Counal Approved Version 2 -1 M4).doc "Action Plan United States EPA Low Impact Development Center, October 2000; and 3) "Low Development in Puget Sound, "Puget Sound Water Quality Action Team. Sources: 1) Whatcom County Development Standards - Stormwater Special District Standards, May 2002; and 2) Stormwater Management Manual for Western Washington, Washington State Department of Ecology, August 2001. Whatcom County Comprehensive Plan 11 -46