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Home My WebLink Aboutres2004-060WHATCOAI COUNTY COUNCIL AGENDA BILL NO. 2004 -393 CLEARANCES In!' Date Date Received in Council 0/'ice Agenda Date Assinedtn: Originator: Amy d. Pederson o / I : - 2 LuU4 G4 . 11 -944 Council Introduction Hearing Division Head: Sylvia Goodwin 1 p -23.04 Department Head.. Hal Hart L Prosecutor: Karen Frokes )0 W161 Purchasing/Budge. l 7 Executive: Pete Kremen ,(,J lF� SUBJECT: Resolution conditionally approving t e Comprehensive Sewer Plan for Point Roberts Water District No. 4. ATTACHMENTS: (1) Proposed Resolution (2) Staff Report Note: The Comprehensive Sewer Plan for Point Roberts Water District No. 4 is on file at the Council Office. SEPA review required? ( x ) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO Requested Date: November 23, 2004 SUMMARY STATEMENT: RCW 57.16.010(6) indicates that the County legislative authority must approve, conditionally approve, or re)ect a comprehensive sewer plan. The request is to conditionally approve the Comprehensive Sewer Plan for Point Roberts Water District No. 4. Distribution Request indicate those who should receive a ropy Per Council action. List peclfic names to the right . ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Assessor Auditor Cooperative Extension District Court Executive Health Jeff Hegedus Hearing Examiner Jail COUNCIL ACTION TAKEN: 11/9/2004: Introduced 11/23/2004: Adopted 7 -0, Ord. #2004 -060 Juvenile Parks Planning Hal /Dart Prosecutor Public Works Sheriff Superior Court Related County Contract 0: Treasurer Other Related File Numbers: Ordinance or Resolution Number (this item): Ordinance #2004 -060 Sponsored by: Consent Proposed by: PDS Introduction date: 11/09 /04 RESOLUTION NO. 2004-060 CONDITIONALLY APPROVING THE COMPREHENSIVE SEWER PLAN FOR POINT ROBERTS WATER DISTRICT NO. 4 WHEREAS, State law (ROW 57.16.010(6)) requires County Council to approve, conditionally approve, or reject comprehensive sewer plans; and WHEREAS, a determination of non - significance was issued pursuant to the State Environmental Policy Act on August 26, 2003; and WHEREAS, the Whatcom County Division of Engineering approved the Point Roberts Comprehensive Sewer Plan on August 31, 2004; and WHEREAS, the Whatcom County Health Department approved the Point Roberts Comprehensive Sewer Plan on September 1, 2004; and WHEREAS, the Washington State Department of Health approved the Point Roberts Comprehensive Sewer Plan on September 7, 2004; and WHEREAS, the Washington State Department of Ecology approved the Point Roberts Comprehensive Sewer Plan on December 31, 2003; and WHEREAS, the Comprehensive Sewer Plan for Point Roberts Water District No. 4 was submitted to County Council for review and action on September 23, 2004; and WHEREAS, under the provisions of state law, the Whatcom County Comprehensive Plan, and the County-wide Planning Policies, public facilities and public services to rural areas must be provided at rural levels and should not be used as a basis for rezoning property; and WHEREAS, the County Council reviewed the Comprehensive SewerP/an for Point Roberts Water District No. 4 for compliance with the approval criteria set forth in ROW 57.16.010(6) and RCW 57.02.040 and finds that the plan satisfies these criteria, subject to certain conditions. NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby approves the Comprehensive Sewer Plan for Point Roberts Water District No. 4, dated August 2003, subject to the following conditions: 1. Any proposed changes or revisions to the approved document must be submitted to the Whatcom County Council, and the Departments of Planning & Development Services, Health & Human Services, and Public Works in the form of addenda, technical appendices, or supplemental reports to the original approved document. Revisions must be approved by the County Council and the aforementioned departments prior to submitting plans and specifications for the proposed facilities for review and approval. 2. Pursuant to Whatcom County Comprehensive Plan Policies 2EE -4 and 5T -2, sewer service extensions or expansions shall be limited to areas where existing lot sizes and development patterns make public sewer appropriate and shall not be extended outside the boundaries of Small Towns and Resort/Recreational Subdivisions, except in those limited circumstances shown to be necessary to protect basic public health, public safety, and the environment and when such services are financially supportable at rural densities and do not permit urban development. 3. Provision of limited sewer service to existing commercial development within the Rural district west of Tyee Drive, near the US /Canada border shall be allowed; provided that limited sewer service to areas designated as Rural shall not facilitate development that is of an urban nature, nor shall it serve as the basis for rezoning properties designated Rural. 4. Sewer service shall not be provided to the proposed service area associated with the airport and located within the southwest corner of Point Roberts, as identified in Option #2 (Figure 4 -4) of the comprehensive sewer plan, until such time that an air park facility/subdivision is approved for the subject site. 5. Provision of sewer service to areas designated as Small Town or Resort and Recreational Subdivision under the Whatcom County Comprehensive Plan shall not serve as the basis for rezoning properties. 6. Implementation of the comprehensive sewer plan for Point Roberts should be coordinated with the Whatcom County Departments of Health & Human Services, Planning & Development Services, and Public Works to ensure that other parallel projects or improvements identified in the Six -year Road Improvement Plan, Point Roberts Subarea Plan, the Point Roberts Economic Development Strategy, or other such document are coordinated as appropriate. 7. Any work performed within County right -of -way requires a revocable encroachment permit from the Whatcom County Engineering Division office. 8. Disturbances should be kept to a minimum for County road surfaces. 9. Placement of any new water or sewer lines and appurtenances outside the existing pavement for any improved County roads is encouraged where possible. 10. Should Water District No. 4 have future plans to service any adjacent properties, arrangements to accommodate those properties should be constructed before the road projects are completed so that the public road would not be excavated and patched. APP O t}ii§ ///.73 day of November 2004. Qf ATTE �Pr C0 C�i� WHATCOM COUNTY COUNCIL � S� � J: W TCOM COUNTY, WASHINGTON Dana B2wn- Davis, Clerk of thq Council ,CDan McShane, CCouncil�Chaiirr APPROVED AS TO FbRM: ivil Deputy Prosecutor Point Roberts Water District No. 4 October 22, 2004 Comprehensive Sewer Plan Staff Report. Paae 1 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES STAFF REPORT L BACKGROUND INFORMATION Subject: Comprehensive Sewer Plan Applicant: Point Roberts Water District No. 4 Summary of Request: County Council approval of the Point Roberts Water District No. 4 Comprehensive Sewer Plan per RCW 57.16.010(6). SEPA: The Whatcom County SEPA Official issued a determination of non - significance (DNS) on August 26, 2003. Whatcom County Division of Engineering Approval: August 31, 2004 Whatcom County Department of Health & Human Services Approval: September 1, 2004 State Department of Health Approval: September 7, 2004 State Department of Ecology Approval: December 31, 2003 County Council Timeframe: The Comprehensive Sewer Plan for Point Roberts Water District No. 4 was submitted to the Whatcom County Council for review and action on September 23, 2004. Pursuant to RCW 57.16.010(6), the Whatcom County Council shall approve, conditionally approve, or reject the comprehensive sewer plan within 90 days of receiving the plan, or within 30 days of holding a public hearing on the plan if such a hearing is held within the 90 -day time period. II. ANALYSIS OF THE PROPOSED AMENDMENT The factors to be considered in evaluating a comprehensive sewer plan are set forth in RCW 57.16.010(6) and RCW 57.02.040(3). These factors are addressed below. (A) Whether the proposed action in the area under consideration is in compliance with the development program that is outlined in the county comprehensive plan, or city or town comprehensive plan where appropriate, and its supporting documents. Lands located within the Point Roberts Water District Service area are designated by the official Whatcom County Comprehensive Plan map as: Small Town, Resort/Recreational Subdivision, Rural, and PublicYRecreation. The following zoning districts implement the four comprehensive plan designations: • Small Town — Small Town Commercial (STC) Point Roberts Water District No. 4 October 22, 2004 Comprehensive Sewer Plan Staff Report, Page 2 • Resort Recreational Subdivision — Residential Rural two dwellings /acre (RR2), Residential Rural one dwelling /acre (RR1), Point Roberts Transitional Zone (TZ), Resort Commercial (RC), General Commercial (GC), and Light Impact Industrial (LII) • Rural— Rural one dwelling/five acres (R5A) • Public/Recreation— Recreation Open Space (ROS) Whatcom County Comprehensive Plan Rural Lands - Rural Services Goal 2EE: Ensure that rural areas are provided with services consistent with the rural character and that development patterns do not encourage an increased service level or degrade water quality. Policy 2EE -1: Recognize domestic water systems, volunteer fire protection, emergency services, law enforcement protection, transportation, public transit services and public utilities typically associated with rural development as appropriate services in designated rural areas. Rural services do not include storm or sanitary sewers. Policy 2EE -3: Allow development in rural areas only when urban services are not required. Policy 2EE-4: Discourage urban levels of water and sewer service extensions or expansions to serve development outside of Urban Growth Areas, Small Towns, Resort/Recreational Subdivisions, and the Gateway Industrial Transportation Corridor, except in those limited circumstances shown to be necessary to protect basic public health, public safety, and the environment and when such services are financially supportable at rural densities and do not permit urban development. Utilities — Sewage Treatment Policy 5T -1: Discourage extension of sewer lines in areas not designated as urban growth areas, Small Towns, Resort/Recreational Subdivisions, or the Gateway Industrial Transportation Corridor, unless there are serious public health or environmental concerns. Policy 5T -2: For those areas designated for inclusion as a Small Town or Resort/Recreational Subdivision and wishing to infill, work with the communities to create sewer and water districts as necessary to manage both utilities. Public water and sewer service shall be limited to areas where existing lot sizes and development patterns make public water and sewer appropriate and shall not be extended outside of the boundaries of the Small Town or Resort/Recreational Subdivision. Policy ST-3: Assist sewer and water districts in environmental review and mitigation and in preparing grant applications to obtain package sewer services that can be developed in a phased and cost - effective manner to serve Small Towns, ResorURecreational Subdivisions, and industrial areas (including the Gateway Industrial Transportation Corridor). Point Roberts Water District No. 4 October 22, 2004 Comprehensive Sewer Plan Staff Report, Page 3 Policy 6T-4: Support the development of new technology and alternative sewage disposal methods as an alternative to expensive sanitary sewer systems to assure ground water quality is maintained. 2001 Point Roberts Subarea Plan "...The development of a vibrant mixed -use Village Center will take the cooperative effort of the community and government officials. Central to this concept is the development of a wastewater collection and treatment system serving the Village Center and the entire southwestern portion of the peninsula. The community has many options related to the type and scale of a wastewater system including conventional wastewater treatment, community drain fields, STEP systems, or other alternative designs. The design and installation of a wastewater system is considered crucial to the success of the Village Center..." (p. 39) Policy 1.6.2 Promote public sewer projects that use wetland treatment technology and /or effluent reuse and reclamation processes. Project 1.6.1 Analyze options available for the provision of a wastewater system to serve the Village Center. Identify alternatives to expand the service area beyond the Village Center and evaluate the relative benefits to the community. Goal 3.1 Encourage public infrastructure development that serves to focus commercial development and utilizes current and emerging technology. Policy 3.1.1 To facilitate higher- density mixed -use development in the Village Center and infill within surrounding residential areas, encourage the development of a wastewater and drainage system, which serves the Village Center and other residential areas. Project 3.1.1 Evaluate the feasibility of establishing a centralized wastewater system through the preparation of [a] Sewer Comprehensive Plan. Emphasis should be placed on innovative designs that maximize natural systems and lowers overall cost. This Plan will evaluate the costs, challenges, and relative merits associated with the construction of varying wastewater designs. The installation of a wastewater system, if deemed feasible, is estimated to take approximately two years and should include the following steps: • Completion of a Sewer Comprehensive Plan • Review by Department of Ecology • Project Permitting (SEPA, Shorelines, etc.) • Application for grant/loan funding • Administrative, legal, and public agency acceptance • Final design, bidding and construction Policy 3.6.4 Development of a wastewater treatment system to serve the needs of the Small Town Commercial and Resort Commercial zones in Point Roberts shall be encouraged. In addition, extension of these services to other zones, including the Transitional Zone, shall be permitted. Point Roberts Water District No. 4 October 22, 2004 Comprehensive Sewer Plan Staff Report, Page 4 Whatcom County Comprehensive Plan Policies 2EE-4, 5T -1, 5T -2 and 5T -3 specifically identify areas designated as "Small Towns" and "Resort/Recreational Subdivisions" that are wishing to infill as being appropriate to receive limited public facilities and services, including sewer service. The aforementioned policies also specify that public sewer shall not be extended outside the boundaries of Small Towns, Resort/Recreational Subdivisions, Urban Growth Areas, or Gateway Industrial areas. As noted previously, both the Small Town and Resort/Recreational Subdivision designations are located in Point Roberts. The proposed sewer service area identified in recommended Option #2 (Figure 4 -4) of the Comprehensive Sewer Plan for Point Roberts Water District No. 4 primarily limits service to the Small Town and Resort/Recreational Subdivision comprehensive plan designations in Point Roberts. Therefore, the proposed service area is generally consistent with the provisions of the Whatcom County Comprehensive Plan. However, it has been noted that two "Rural' areas have been identified as part of the sewer service area recommended under Option #2: 1) The first area consists of 30+ acres, located in the southwest comer of Point Roberts near Lighthouse Park, which are predominantly vacant and consist of an existing airstrip and related structures. This specific area is designated Rural and zoned R5A; however, it is subject to the provisions of WCC 20.72.153 and 20.72.262 which conditionally permit an air park facility /subdivision that may be developed at a density of one dwelling unit per acre. Projects 1.8.4 and 5.1.3 of the 2001 Point Roberts Subarea Plan also support the concept of an air park facility in association with the existing airport. In addition, the subarea plan specifically recognizes "the entire southwestern portion of the [Point Roberts] peninsula" as being appropriate for sewer service (p. 39). Recommended condition: As the Point Roberts Subarea Plan identifies the subject area as being appropriate for public sewer service, Planning staff recommends supporting future sewer service to the subject area. However, availability of sewer service within this area is not intended to facilitate growth and development that is inconsistent with the planned use of the area or the existing character. Therefore, staff does not recommend that sewer service be provided to this area until such time that an air park facility /subdivision is approved. 2) The second area consists of property fronting the west side of Tyee Drive near the US /Canada border. This area consists of two Rural parcels that are zoned R5A. The smaller parcel (approximately 1 acre) contains an existing commercial business; whereas, the larger parcel (approximately 11 acres) is vacant. (The 11 -acre parcel is only partially included within the proposed service area.) The proposed service area will serve the existing General Commercial (GC) development to the north as well as the existing commercial development in the Rural district. It appears that a portion of the 11 -acre parcel between the commercial uses has been included as a means to delineate a contiguous service area. Recommended condition: Planning staff recommends supporting sewer service availability to serve existing commercial development; provided that limited sewer service to Rural areas shall not facilitate development that is of an urban nature, nor shall it serve as the basis for rezoning properties designated Rural, Small Town, or Resort and Recreational Subdivision under the comprehensive plan. Point Roberts Water District No. 4 October 22, 2004 Comprehensive Sewer Plan Staff Report, Page 5 Therefore, provided that the above referenced conditions are incorporated, Planning staff concludes that the Comprehensive Sewer Plan for Point Roberts Water District No. 4 —Option #2 is consistent with the goals, policies, and projects of the Whatcom County Comprehensive Plan and the Point Roberts Subarea Plan. (B) Whether the proposed action in the area under consideration is in compliance with the basin -wide water and/or sewage plan as approved by the State Department of Ecology and the State Department of Health (formerly Social and Health Services). In an e-mail of October 20, 2004, Jeff Hegedus — Environmental Health Supervisor for the Whatcom County Health and Human Services Department stated that he is not aware of a "basin -wide sewer plan" that has been approved for Whatcom County. On October 22, 2004, Mark Henderson of the Washington State Department of Ecology, also stated that his office is not aware of such a basin -wide plan. Therefore, as a State approved Whatcom County "basin -wide" sewage plan has not been identified, this criterion is not applicable. However, the following reviews have been conducted by the State Departments of Ecology and Health: • Washington State Department of Ecology (DOE): The Washington State DOE reviewed the Point Roberts Water District No. 4 Comprehensive Sewer Plan for conformance with RCW 90.48.110 and Chapter 173.240 WAC and issued a letter of approval on December 31, 2003. (See Exhibit B) • Washington State Department of Health (DOH): The Washington State DOH reviewed the Point Roberts Water District No. 4 Comprehensive Sewer Plan for conformance with the Water Reclamation and Reuse Standards of WAC 246 -271 and issued a letter of approval on September 7, 2004. (See Exhibit C) (C) Whether the proposed action is in compliance with the policies expressed in the county plan for water and /or sewage facilities. Sewer service area Whatcom County Comprehensive Plan Policy 5T -2 states that public sewer service shall be limited to areas where existing lot sizes and development patterns make sewer appropriate. This policy further stipulates that public sewer shall not be extended outside the boundaries of Small Towns or Resort/Recreational Subdivisions. However, consistent with RCW 36.70A.110(4), Policy 2EE -4 does allow public sewer extension "in those limited circumstances shown to be necessary to protect basic public health, public safety, and the environment and when such services are financially supportable at rural densities and do not permit urban development." Point Roberts Subarea Plan Policy 3. 1.1 provides support for the provision of public sewer to "facilitate higher - density mixed -use development in the Village Center [along Gulf Road] and infill within surrounding residential areas ". Subarea plan Policy 3.6.4 more specifically states that the Small Town Commercial (STC) and Resort Commercial (RC) zone districts are areas where public sewer should be encouraged. The subarea plan also identifies "the entire southwestern portion of the peninsula" and the Point Roberts Transitional Zone (TZ) as additional areas that are appropriate to receive expanded sewer service. Point Roberts Water District No. 4 October 22, 2004 Comprehensive Sewer Plan Staff Report, Page 6 The proposed sewer service areas identified in recommended Option #2 — Business and Large Development Alternative (Figure 4 -4) are generally consistent with the Small Town and Resort/Recreational Subdivision comprehensive plan designations within Point Roberts. (See previous discussion of proposed service areas in Section A of this staff report.) Phased sewer service The sewer plan, at section 8.3.1, suggests that "[t]he development of a successful program to install sanitary sewers at Point Roberts would be best facilitated by starting small and allowing growth to expand the system as appropriate" and "[i]f appropriate, the District could pursue the feasibility of a project somewhat smaller than Option 2." The Whatcom County comprehensive plan, at Policy 5T -3, supports this recommendation by emphasizing that sewer services be developed in a "phased and cost - effective manner". (D) The comprehensive sewer system plan shall not provide for the extension or location of facilities that are inconsistent with the requirements of RCW 36.70A.110. Under the Growth Management Act, RCW 36.70A.110 states that In general, it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development. In accordance with this provision, Whatcom County Comprehensive Plan Goal 2EE and Policies 2EE -1, 2EE -3, 2EE -4 and 5T -1 also limit extension of urban services in rural areas. However, pursuant to 1997 GMA amendments adopted by the State Legislature under ESB 6094, RCW 36.70A.070(5) states that: ...the rural element [of a comprehensive plan] may allow for limited areas of more intensive rural development, including necessary public facilities and public services to serve the limited area... The 2001 Point Roberts Subarea Plan was adopted subsequent to these amendments to the GMA. Under the subarea plan and the comprehensive plan, areas designated as Small Towns and Resort/Recreational Subdivisions have generally been characterized as defined areas having existing densities higher than those found in surrounding rural areas. Consistent with the general character of such areas and in accordance with RCW 36.70A.070(5), comprehensive plan Policies 2EE -4, 5T -1, 5T -2, 5T -3 and subarea plan policy 3.6.4 specifically identify Small Towns and Resort/Recreational Subdivisions that are wishing to infill as being appropriate for public sewer service. Therefore, recommended Option #2, of the Comprehensive Sewer Plan for Point Roberts Water District No. 4 does not propose extension or location of public facilities or services that are inconsistent with the Growth Management Act (RCW 36.70A). Point Roberts Water District No. 4 October 22, 2004 Comprehensive Sewer Plan Staff Report Page 7 III. RECOMMENDATION Based upon the above analysis, it is recommended that the Whatcom County Council approve the Comprehensive Sewer Plan for Point Roberts Water District No. 4, subject to the following conditions: 1. Any proposed changes or revisions to the approved document must be submitted to the Whatcom County Council, and the Departments of Planning & Development Services, Health & Human Services, and Public Works in the form of addenda, technical appendices, or supplemental reports to the original approved document. Revisions must be approved by the County Council and the aforementioned departments prior to submitting plans and specifications for the proposed facilities for review and approval. 2. Pursuant to Whatcom County Comprehensive Plan Policies 2EE -4 and 5T -2, sewer service extensions or expansions shall be limited to areas where existing lot sizes and development patterns make public sewer appropriate and shall not be extended outside the boundaries of Small Towns and Resort/Recreational Subdivisions, except in those limited circumstances shown to be necessary to protect basic public health, public safety, and the environment and when such services are financially supportable at rural densities and do not permit urban development. 3. Provision of limited sewer service to existing commercial development within the Rural district west of Tyee Drive, near the US /Canada border shall be allowed; provided that limited sewer service to areas designated as Rural shall not facilitate development that is of an urban nature, nor shall it serve as the basis for rezoning properties designated Rural. 4. Sewer service shall not be provided to the proposed service area associated with the airport and located within the southwest corner of Point Roberts, as identified in Option #2 (Figure 4 -4) of the comprehensive sewer plan, until such time that an air park facility/subdivision is approved for the subject site. 5. Provision of sewer service to areas designated as Small Town or Resort and Recreational Subdivision under the Whatcom County Comprehensive Plan shall not serve as the basis for rezoning properties. 6. Implementation of the comprehensive sewer plan for Point Roberts should be coordinated with the Whatcom County Departments of Health & Human Services, Planning & Development Services, and Public Works to ensure that other parallel projects or improvements identified in the Six -year Road Improvement Plan, Point Roberts Subarea Plan, the Point Roberts Economic Development Strategy, or other such document are coordinated as appropriate. 7. Any work performed within County right -of -way requires a revocable encroachment permit from the Whatcom County Engineering Division office. 8. Disturbances should be kept to a minimum for County road surfaces. 9. Placement of any new water or sewer lines and appurtenances outside the existing pavement for any improved County roads is encouraged where possible. Point Roberts Water District No. 4 October 22, 2004 Comprehensive Sewer Plan Staff Report, Page 8 10, Should Water District No. 4 have future plans to service any adjacent properties, arrangements to accommodate those properties should be constructed before the road projects are completed so that the public road would not be excavated and patched. IV. EXHIBITS A. Comprehensive Sewer Plan for-Point Roberts Water District No. 4 (Note: This is on file in the County Council office.) B. Point Roberts Water District No. 4 Resolution No. 560, dated August 13, 2003 C. Washington State Department of Ecology letter of December 31, 2003 D. Washington State Department of Health letter of September 7, 2004 E. Whatcom County Division of Engineering letter of August 31, 2004 F. Whatcom County Health & Human Services Department letter of September 1, 2004 POINT RoBERTS WATER DISTRICT No. 4 79 Tyee Drive, Suite A, Point Roberts, WA 98281 .. Tel: (360) 945-4696 1":(360)945 -3021 RESOLUTION NO. 560 A RESOLUTION of the Board of Commissioners of Point Roberts Water District No. 4, Whatcom County, Washington, adopting an update of the Sewer Comprehensive Plan for the District. WHEREAS, the District heretofore adopted a new and revised general Sewer Comprehensive Plan dated March 28'. 1985, and WHEREAS, Slate of Washington Department of Health and Whatcom County ordinances require the update of the Comprehensive Plan every five years: NOW THEREFORE, BE IT RESLOVED by the Board of Commissioners of the District that the "Comprehensive Plan for Sewers" for Point Roberts Water District No. 4, dated August 13", 2003, as prepared by Hammond, Collier, Wade, Livingstone Associates, Inc., engineers for the District, be approved and adopted. ADOPTED by the Board of Commissioners of Point Roberts Water District No. 4, at the Regular Meeting of the Board on the 13" day of August, 2003. N. Madeleine Anderson — Chairman Lo ne Nielson — Secretary Arthur WArthur W O 0 Commissioner Exhibit B o "r Exhibit C N STATE OF WASH INC. ION DEPARTMENT qF ECOLOGY 8e0ingharn Field office . 1204 Railroad Avenue, Suite 200 • Bellingham, Washington 9N115 001 734.6250 • 060) 738-6253 December 31, 2003 Your address is in the Nooksack r watershed N. Madeleine Anderson Chairman Point Roberts Water District No. 4 79 Tyee Drive, Suite A Subject: Point Roberts Water District No. 4 Comprehensive Sewer Plan Dated August 2003 Dear Ms. Anderson: In accordance with RCW 90.48.110 and Chapter 173.240 WAC, and on behalf of the Department of Ecology, the amendments to the subject documents received in our office October 3, 2003, are hereby APPROVED. One copy of the approved document is enclosed for your project records. Please provide prompt notification to the Department of any proposed changes or revisions to the approved document. Any such changes or revisions need to be issued in the form of addenda, technical appendices, or supplemental reports to the original, approved documents. As a reminder, revisions must be approved in writing by the Department before submitting plans and specifications for the proposed facilities to the Department for review and approval. Please note that the Department of Ecology's review and approval authority is limited to assuring compliance and consistency with the appropriate rules, regulations, guidelines, planning and design criteria, and/or other similar documents. You, as owner, and your engineer retain full responsibility for the technical completeness, accuracy and adequacy of this document. You will also be responsible for obtaining other required permits and approvals and for compliance with environmental laws and regulations during the design, construction and operation of the proposed facilities. This approval does not relieve Page 2 N. Madeleine Anderson Point Roberts Comprehensive Sewer Plan December 31, 2003 Point Roberts Water District No. 4, or the design engineer, from the responsibility for the technical adequacy or accuracy of the content of the above referenced document. Nothing in this approval shall be construed as satisfying other applicable federal, state or local statutes, ordinances or regulations. If you have any questions or need any additional information please do not hesitate to contact Steve Hood, Bellingham Field Office, Water Quality Engineer at (360) 735 -6254. Sincerely, ��qq �/ m'tlC.� c41.'w- / Zzlw zx ��L(��✓"� Richard M. Grout, Manager Bellingham Field Office RG:sh Enclosure: Approved Comprehensive Sewer Plan cc: Robin Nelson, P.E. BFO Reading File BFO Central File STATE OF WASHINGTON DEPARTMENT OF HEALTH 1500 West 4th Avenue, Suite 305 • Spokane, Washington 99204 FAX: (509) 456 -2997 - September 7, 2004 t D04 Ms. Madeline Anderson, Chair Point Roberts District #4 79 Tyee Drive, Suite A Point Roberts, Washington 98281 RE: Point Roberts Water District #4, Whatcom County Comprehensive Sewer Plan DOH Project #: 04 -0701T Plan Approval Dear Ms. Anderson: The Point Roberts Comprehensive Sewer Plan received in our office on July 14,2004 and amended by letter received August 23, 2004 has been reviewed in accordance with the provisions of WAC 246 -271 for conformance with the Water Reclamation and Reuse Standards, and is hereby APPROVED. Regulations establishing a schedule of fees for review and approval of planning, engineering and construction documents were adopted July 1, 1987 and revised in November 4, 1995. Due to the present status of this plan, no fee will be imposed. If you have any questions, please feel free to contact me. Sincerely, Craig . Ri y, P.E Water cc amation & Reuse Program (509) 456 -2466 Enclosure: Project Billing Form cc: Whatcom County Health District Robin Nelson, Hammond Collier Wade Livingstone, Seattle Amy Pederson, Whatcom County Planning & Development Services JohnThielmann,WDOH,NWRO,Kent Exhibit D Public Health - Always Working fora Safer and Healthier Washington WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JEFFREY M. MONSEN, P.E. Director Amy de Vera Pederson Planner 11 Whatcom County Planning and Development Services 5280 Northwest Drive Bellingham, WA 98226 r ti DIVISION OF ENGINEERING JOSEPH P. RUEAN, P.E., County Road Engineer /Assistant Director r 5280 Northwest Drive, Suite C gsr+ino't° Bellingham, WA 98226 -9098 Phone: (360) 676-6730, (360) 380-8110 Fax (360) 676 -6558 1 August 3l, 2004 AUG 3 1 2004 Subject: Review and Approval of Comprehensive Sewer Plan for Point Roberts Water District No. 4 Dear Ms: de Vera Pederson: In accordance with RCW 57.16.010(6), we have reviewed and do hereby approve of the Comprehensive Sewer Plan for Point Roberts Water District No. 4. Note that any work performed within County right -of -way requires a revocable encroachment permit from our Engineering Division office. Whatcom County would like to see disturbances kept to a minimum for County road surfaces. With that in mind, we encourage that any new water or sewer lines and appurtenances be placed outside the existing pavement for any improved County roads, where possible. Additionally, should Water District No. 4 have future plans to service any adjacent properties, arrangements to accommodate those properties should be constructed before the road projects are completed. In that way, the public road would not be excavated and patched. We look forward to coordinating all necessary work with the district; Gene Altman is our contact for any work within County rights -of -way. Please do not hesitate to contact us in the future with any concerns or questions at (360 -676- 6730). SincereNe e Rutan,, P.E. County Road Engineer cc: Gene Altman Exhibit E Phone: 13601676 -6730 County: 13601380 -8110 FAX: 13601676 -6558 e� 561 CG COUNTY REGINA NT HEALTH HEALTH rector DEPARTMENT 3 � Director E �A P.O. Box 935 GREG STERN, M.D. Bellingham, WA 9 82 2 7 -0935 i l Health 018cer 93M9HG�0 September 1, 2004 N. Madeleine Anderson ( WV6366A0 Point Roberts Water District No. 4 ,961539 79 Tyee Drive Suite A `°""�I"JBUE Eo "" Point Roberts, WA 98281 - xEfGRIWL IME OWl L,_ OIIIDR@! WRX $RMl SUBJECT: Point Roberts Water District No. 4 fII 7]61513 Comprehensive Sewer Plan Review �G9M9IMKNIE G6E4fE wa9uraunor4s p136508 Dear Ms. Anderson: nkYF3o9w mi IMIES 1360167rAsn On July 9, 2004 the Whatcom County Health Department (WCHD) received the document titled Comprehensive Sewer Plan for Point v4naa 1P aF 114 13W67"714 Roberts Water District No.4 dated August 2003. WCHD has reviewed 9U,WNWVNID this document and, pursuant to RCW 57.16.010(6), hereby APPROVES °i'"7-2329 the plan. s9E 86 m 1%(A 7"Z9 call me at (360) 676 -6724 if there are questions. xmmM OW167"593 SUe&)167 NOSE (360636f9]9 WAL acnws KEnvironmental I3W167"720 s me BW1la15os alth Supervisor <OUIx WE 13WIH 153 9 Certified Mail Exhibit F 509 Girard Street 15M North State Street 1 WO North Forest Street FM 1360)676 -7646 FAX (360)676 -6729 FM (360) 738 -2490