HomeMy WebLinkAboutord2004-061'S72M.vitfol, [Kalf).`iYLdiIf /.7NI Cd .7L7_1 :M
NO. 2004 -372
CLEARANCES
Initial
Date
Date Received in Council
Office
Agenda Date
Assigned to:
Originator.
Scadet Tan
r.�' i ❑ q n�
J L U
IW&04
Introduced
Division Head'
Bruce M. Roll
§164
11/9/04
Nat Res / Council
Dept. Head
Jeihe M. Monsen
11/09/2004
Hearing
Prosecutor
Daniel L. Gibson
(O
PurchasingBUtlget:
Flood Fund
t5
Executive:
Pete Kremen
I
-
SUBJECT: Ordinance extending the sunset dates rDrayton Harbor and Portage Bay Shellfish Districts
ATTACHMENTS Memo re: Shellfish Protection District Ordinance; Draft Ordinance Amending Whatcom County Code 16.20,
Whatcom County Shellfish Protection District:
SEPA review required? ( ) Yes ( X) NO
SEPA review completed? ( ) Yes ( ) NO
Should Clerk schedule a hearing 7 ( X )Yes,( ) NO
Requested Date:
SUMMARY STATEMENT:
Attached Ordinance extends the sunset dates of the Drayton Harbor and
Portage Bay Shellfish Districts from December 31, 2001 to December 31, 2004.
Water Resources staff recommend the continuation of the shellfish districts
and feel the work of these groups is vital to identifying and addressing
pollution sources that are affecting nearshom marine environments and are
essential if we wish to see these downgraded shellfish areas be reclassified to
an approved status.
Distribution Request
Indicate those who should receive a copy after
Council action.
List specific names to the right.
ADS Facilities
Management
ADS finance
ADS Human Resources
ADS Info Services
Assessor
Auditor
Cooperative Extension
District Court
Executive
Health
Hearing Examiner
Jail
COUNCIL ACTION TAKEN:
10/26/04: Introduced
11/9/04: Adopted 7 -0 Ord. #2004 -061
Juvenile
Parks
Planning
Prosecutor
Public Works
Scarlet Tan
Sheriff
Superior Court
Related County Contract #:
Treasurer
Other
Related File Numbers:
Ordinance or Resolution Number
(thisitem): Ordinance 2004 -061
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I Fifth Drayton Harbor/ Portage Bay Shellfish Ord. 2004 SPONSORED BY: Consen t
2 PROPOSED BY: Public Works
3 INTRODUCED: 10/26/04
4
5
6 ORDINANCE NO. 2004- 061
7
8 AMENDING WHATCOM COUNTY CODE 16.20,
9 WHATCOM COUNTY SHELLFISH PROTECTION DISTRICT
10
11 WHEREAS, on July 18, 1995 the Whatcom County Council adopted
12 Ordinance 95 -036, creating the Drayton Harbor Shellfish Protection District, with a
13 sunset date of December 31, 1998; and
14 WHEREAS, on March 24, 1998, the Council adopted Ordinance 98 -069, approving
15 an updated version of the Recovery Plan and setting a revised sunset date for the
16 Shellfish Protection District of December 31, 2000; and
17 WHEREAS, on June 27, 2000, the Whatcom County Council adopted
18 Ordinance 2000 -028, creating a revised sunset date for the Drayton Harbor and Portage
19 Bay Shellfish Protection Districts of December 31, 2002; and
20 WHEREAS, on November 26, 2002, the Whatcom County Council adopted
21 Ordinance 2002 -069, creating a revised sunset date for the Drayton Harbor and Portage
22 Bay Shellfish Protection Districts of December 31, 2004; and
23 WHEREAS, numerous efforts have occurred in both the Drayton Harbor and
24 Portage Bay Shellfish Districts to eliminate or reduce pollutants that are affecting the
25 shellfish beds, through improved partnerships, cooperative efforts and increased
26 community involvement; and
27 WHEREAS, on October 27, 2003 the Washington State Department of Health
28 reopened approximately 625 acres of Portage Bay shellfish beds, bringing the total area
29 of Portage Bay open for shellfish harvesting to 1,210 acres, and leaving 110 acres in the
30 "restricted" classification; and
31 WHEREAS, on May 4th, 2004 the Washington State Department of Health
32 conditionally approved shellfish harvest for approximately 525 -acres of Drayton Harbor
33 and leaving 1975 acres closed to shellfish harvest; and
34 WHEREAS, work needs to continue to ensure that approved shellfish harvest
35 areas maintain open status, and remaining closed areas are reopened, and
36 NOW THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
37 sunset date for the Drayton Harbor Shellfish Protection District and the Portage Bay
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38
Shellfish Protection District shall
be extended to December 31,
2006, as indicated in
39
Exhibit A to this Ordinance.
40 AI
41
42 ATTEST:
43
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45
46
47
48
49
50
51
52
53
54
Dana
YNriu� day of November 2004.
bw/1'.eo WHATCOM COUNTY COUNCIL
*:r HT•' �1�'s WHA M COUNTY WA N
e Council Dan McShane, Council Chair
IN• r
one age*
* . * • �
0
0 APPRO ED AS % #'hq jjll110
K ren L. Frakes,
Senior Civil Deputy Prosecuting Attorney
\ VSENC- 1\ VOLI\ USfYS\ Wal er\9urel\MaiMWNIflsM1\Mmin\Stl10M S 160 0NireMe. a
( Approved ( ) Denied
ete Kremen, if* 15 _p,-
County Executive
55 EXHIBIT A
61.
57 Chapter 16.20
58 WHATCOM COUNTY SHELLFISH PROTECTION DISTRICTS
59
60 Sections:
61 16.20.010 Establishment and authority of district.
62 16.20.015 Purpose.
63 16.20.016 Establishment of program.
64 16.20.020 District boundaries.
65 16.20.040 Revenue authority.
66 16.20.045 Collection of charges or rates and exemptions.
67 16.20.050 Sunset date and dissolution of district.
68 16.20.060 Relationship with other entities.
69 16.20.065 Advisory groups.
70 16.20.090 Severability.
71
72 16.20.010 Establishment and authority of district.
73 There is hereby established the Drayton Harbor and Portage Bay shellfish protection districts
74 under the authority of Chapter 90.72 RCW, Shellfish Protection Districts. (Ord. 98 -019 Att. C;
75 Ord. 95 -036).
76
77 16.20.015 Purpose.
78 The purpose of these districts is to provide services to citizens experiencing nonpoint pollution
79 of surface water drainages and coastal waters and to implement those portions of the Drayton
80 Harbor and Portage Bay closure response strategies necessary to allow removal of the Drayton
81 Harbor and Portage Bay downgrades. (Ord. 98 -019 Att. C; Ord. 95 -036).
82
83 16.20.016 Establishment of program.
84 The Portage Bay Initial Closure Response Strategy dated February 10, 1998f is hereby adopted
85 as the Portage Bay shellfish protection program. (Ord. 98 -019 Att. C).
86
87 16.20.020 District boundaries.
88 The Drayton Harbor shellfish protection district shall be the approximate area included in the
89 Drayton Harbor Watershed and contained within the boundaries that are declared as follows:
90
91 Commencing on the forty -ninth parallel at the point dividing the American and
92 Canadian territory in the Gulf of Georgia; thence easterly along said international
93 boundary line to the intersection of Markworth Road; thence southerly along the
94 centerline of Markworth Road to the intersection of Badger Road; thence easterly
95 along the centerline of Badger Road to the intersection of Glendale Road; thence
96 southerly along the centerline of Glendale Road to the intersection of Loomis Trail
97 Road; thence westerly along the centerline of Loomis Trail Road to the intersection
98 of Bob Hall Road; thence southerly along the centerline of Bob Hall Road to the
99 intersection of Birch Bay Lynden Road; thence westerly along the centerline of Birch
100 Bay Lynden Road to the intersection of Woodland Road; thence southerly along the
101 centerline of Woodland Road to the intersection of Harksell Road; thence easterly
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102 along the centerline of Harksell Road to the intersection of Enterprise Road; thence
103 southerly along the centerline of Enterprise Road to the intersection of Aldergrove
104 Road; thence westerly along the centerline of Aldergrove Road to the intersection of
105 Olson Road; thence northerly along the centerline of Olson Road to the intersection
106 of Grandview Road; thence westerly along the centerline of Grandview Road to the
107 intersection of Valley View Road; thence northerly along the centerline of Valley View
108 Road to the intersection of Bay Road; thence westerly along the centerline of Bay
109 Road to the intersection of Kickerville Road; thence northerly along the centerline of
110 Kickerville Road to the intersection of Birch Bay Lynden Road; thence westerly along
111 the centerline of Birch Bay Lynden Road to the intersection of Blaine Road; thence
112 northerly along the centerline of Blaine Road to the intersection of Lincoln Road;
113 then westerly along the centerline of Lincoln Road to where it becomes Semiahmoo
114 Parkway; thence following the centerline of Semiahmoo Parkway to the intersection
115 of Drayton Harbor Road; thence following a line running off -shore to the point of
116 origin in the Gulf of Georgia, plotted in such a manner as to follow existing
117 boundaries of land parcels.
118
119 The Portage Bay shellfish protection district shall be the approximate area included in the
120 Nooksack Watershed and contained within the boundaries that are declared as follows:
121
122 Commencing on the forty -ninth parallel at the intersection of Markworth Road;
123 thence easterly along said international boundary line to the easterly section line of
124 Township 41 North, Range 3 East, Section 35; thence southerly along said section
125 line to the intersection of Halverstick Road; thence westerly along the centerline of
126 Halverstick Road to the easterly section line of Township 40 North, Range 3 East,
127 Section 3; thence southerly along said section line to the northerly line of Township
128 40 North, Range 3 East, Section 11; thence easterly along said section line to the
129 easterly section line of Township 40 North, Range 3 East, Section 11; thence
130 southerly along said section line to the intersection of East Badger Road; thence
131 easterly along the centerline of East Badger Road to the intersection of Trap Line
132 Road; thence southerly along the centerline of Trap Line Road to the intersection
133 with the City Limits of Everson; thence proceeding easterly along the City Limits of
134 Everson to the intersection with the City Limits of Nooksack; thence proceeding
135 along the City Limits of Nooksack to the easterly section line of Township 40 North,
136 Range 4 East, Section 31; thence southerly along said section line to the northerly
137 section line of Township 39 North, Range 4 East, Section 5; thence easterly along
138 said section line to the intersection with Nooksack Road; thence southerly along the
139 centerline of Nooksack Road to the intersection with Hopewell Road; thence easterly
140 along the centerline of Hopewell Road to the intersection with Lawrence Road;
141 thence southerly along the centerline of Lawrence Road to the northerly section line
142 of Township 39 North, Range 4 East, Section 21; thence easterly along said section
143 line to the westerly section line of Township 39 North, Range 4 East, Section 13;
144 thence northerly along said section line to the northerly section line of Township 39
145 North, Range 4 East, Section 1; thence easterly along said section line to the
146 westerly section line of Township 40 North, Range 5 East, Section 31; thence
147 northerly along said section line to the northerly section line of Township 40 North,
148 Range 5 East, Section 31; thence easterly along said section to the westerly line of
149 Township 40 North, Range 5 East, Section 28; thence northerly along said section
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line to the northerly line of Township 40 North, Range 5 East, Section 4; thence
easterly along said section line to the westerly section line of Township 41 North,
Range 5 East, Section 34; thence northerly along said section to the 49th parallel;
thence easterly along the 49th parallel to the easterly section line of Township 41
North, Range 5 East, Section 36; thence southerly along said section line to the
northerly section line of Township 40 North, Range 6 East, Section 6; thence easterly
along said section line to the easterly section line of Township 40 North, Range 6
East, Section 5; thence southerly along said section to the northerly section line of
Township 40 North, Range 6 East, Section 9; thence easterly along said section line
to the National Forest Boundary; thence proceeding southerly along said National
Forest Boundary to the boundary between Whatcom County and Skagit County;
thence westerly along said County boundary to the westerly section line of Township
37 North, Range 5 East, Section 34; thence northerly along said section line to the
southerly section line of Township 37 North, Range 5 East, Section 21; thence
westerly along said section line to the westerly section line of Township 37 North,
Range 5 East, Section 21; thence northerly along said section line to the southerly
section line of Township 37 North, Range 5 East, Section 17; thence westerly along
said section line to the westerly section line of Township 37 North, Range 4 East,
Section 13; thence northerly along said section line to the southerly section line of
Township 37 North, Range 4 East, Section 11; thence westerly along said section
line to the westerly section line of Township 37 North, Range 4 East, Section 11;
thence northerly along said section line to the southerly section line of Township 38
North, Range 4 East, Section 15; thence westerly along said section line to the
westerly section line of Township North, Range 4 East, Section 17; thence northerly
along said section line to the southerly section line of Township 38 North, Range 4
East, Section 7; thence westerly along said section line to the westerly section line of
Township 38 North, Range 4 East, Section 7; thence northerly along said section line
to the intersection of East Smith Road; thence westerly along the centerline of East
Smith Road to the easterly section line of Township 39 North, Range 3 East, Section
31; thence southerly along said section line to the intersection of Kelly Road; thence
westerly along the centerline of Kelly Road to the intersection of Guide Meridian;
thence southerly along the centerline of Guide Meridian to the southerly section line
of Township 38 North, Range 2 East, Section 1; thence westerly along said section
line to the easterly section line of Township 38 North, Range 2 East, Section 11;
thence southerly along said section to the southerly line of Township 38 North,
Range 2 East, Section 11; thence westerly along said section to the easterly
sectionline of Township 38 North, Range 2 East, Section 16; thence southerly along
said section line to the intersection with Bellingham Bay; thence recommencing at
the westerly section line of Township 38 North, Range 2 East, Section 20 in the
Nooksack Delta; thence northerly along said section line to the northerly section line
of Township 38 North, Range 2 East, Section 17; thence easterly along said section
line to the centerline of the Nooksack River; thence following the centerline of the
Nooksack River to the intersection with the City Limits of Ferndale; thence westerly,
proceeding along the City Limits of Ferndale to the intersection with Mt. View Road;
thence westerly along the centerline of Mt. View Road to the intersection with the
City Limits of Ferndale; thence northerly, proceeding along the City Limits of
Ferndale to the intersection with Church Road; thence northerly along the centerline
of Church Road to the intersection of Aldergrove Road; thence easterly along the
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198 centerline of Aldergrove Road to the intersection of Enterprise Road; thence
199 northerly along the centerline of Enterprise Road to the intersection of Harksell
200 Road; thence westerly along the centerline of Harksell Road to the intersection of
201 Woodland Road; thence northerly along the centerline of Woodland Road to the
202 intersection of Birch Bay - Lynden Road; thence easterly along the centerline of Birch
203 Bay - Lynden Road to the intersection of Bob Hall Road; thence northerly along the
204 centerline of Bob Hall Road to the intersection of Loomis Trail Road; thence easterly
205 along the centerline of Loomis Trail Road to the intersection of Glendale Road;
206 thence northerly along the centerline of Glendale Road to the intersection of West
207 Badger Road; thence westerly along the centerline of West Badger Road to the
208 intersection of Markworth Road; thence northerly along the centerline of Markworth
209 Road to the forty-ninth parallel, POB.
210
211 (Ord. 98 -019 Att. C; Ord. 95 -036).
212
213 16.20.040 Revenue authority.
214 The revenue authorities granted under Chapter 90.72 RCW shall be exercised at the discretion
215 of the board of supervisors, which shall be the county council for the operation of these
216 districts. (Ord. 98 -019 Att. C; Ord. 95 -036).
217
218 16.20.045 Collection of charges or rates and exemptions.
219 Property owners within these shellfish protection districts may be assessed charges or rates as
220 allowed by Chapter 90.72 RCW to finance the shellfish protection programs. The owner of any
221 property within a shellfish protection district which is exempt from charges or rates because
222 such property is subject to the National Pollution Discharge Elimination System as specified in
223 RCW 90.72.070 shall demonstrate such exemption annually to the county assessor. If evidence
224 of exemption is not provided, the property will automatically convert from exempt status and
225 the property will be subject to charges or rates. Land exempt from charges and rates as
226 specified in RCW 90.72.070 because of its forest land classification will automatically convert
227 from exempt status if the land classification changes and will be subject to charges or rates.
228 (Ord. 98 -019 Att. C).
229
230 16.20.050 Sunset date and dissolution of district.
231 The Drayton Harbor shellfish protection district shall be dissolved on Deee be: 31, R09=
232 Deee.,,bep 31-,�December 31. 2006, unless specifically extended by ordinance of the county
233 legislative authority, or upon the removal of the downgrade. The Portage Bay shellfish
234 protection district shall be dissolved and this chapter repealed on "eE-c RbeF -31, 2902 ^:_ =—`=-
23542ecember 31. 2006 . unless specifically extended by ordinance of the county legislative
236 authority, or upon the removal of the downgrade. These districts may also be dissolved by the
237 county legislative authority by ordinance. The county legislative authority shall review the
238 continued need for these districts four months prior to their sunset dates. (Ord. 98 -069; Ord.
239 98 -019 Att. C; Ord. 95 -036).
240
241 16.20.060 Relationship with other entities.
242 No program or activity proposed by the district shall replace or consolidate existing activities
243 performed by cities or other non -county provided water - related special purpose districts without
244 their consent. In formulating new programs, consultation and coordination shall occur with
245 cities and other water - related special districts. (Ord. 98 -019 Att. C; Ord. 95 -036).
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246
247 16.20.065 Advisory groups.
248 The board of supervisors shall appoint advisory committees of not more than nine eleven
249 members to advise on the overall operations of these districts. Two of the eleven members will
250 represent tribal interests of the Nooksack Tribe and Lummi Nation. In establishing district
251 advisory committees, all members shall have a direct interest in the district. (Ord. 98 -019 Att.
252 C; Ord. 95 -036).
253
254 16.20.090 Severability.
255 If any provision of this chapter is found to be invalid, all remaining provisions shall continue in
256 effect. (Ord. 98 -019 Att. C; Ord. 95 -036).
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