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HomeMy WebLinkAboutord1998-019WHATCOM COUNTY COUNCIL AGENDA BILL NO-1998-46 A CLEARANCES Date Date Received in Council Office Agenda Date Assigned To Orig. Dept.: County Council 2118/98 2/24/98 Council Introduction Division Head: 3/10/98 Nat Res Council Dept. Head: Prosecutor: Budget: Executive: SUBJECT.- Ordinance establishing Portage Bay Shellfish Protection District in Nooksack ATTACHMENTS Ordinance SUMMARY STATEMENT.- Related County Contract #: Should the Clerk schedule a hearing? (Y/N Requested Date: Ordinance establishing the Portage Bay shellfish protection district in the Nooksack watershed. RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 1998-46 A 2124/98: Introduced 3/10/98: Held in Council for Public Hearing 3/24/98: Amended & Adopted 6 -1, Brown opposed. Ord. #98-019 Related File Numbers: Ordinance or Resolution Number (this item only): 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 37 38 39 40 4.1 42 43 SPONSORED BY: HOAG/BROWN PROPOSED BY: HOAG/BROWN INTRODUCTION DATE: 2/24/98 ORDINANCE NO. 98- 019 ESTABLISHING THE PORTAGE BAY SHELLFISH PROTECTION DISTRICT IN THE NOOKSACK WATERSHED WHEREAS, on August 19, 1997 the State Department of Health downgraded the status of portions of Portage Bay as restricted for the production and consumption of shellfish as a result of elevated levels of fecal coliform bacteria; and WHEREAS, as a result of the downgrade RCW 90.72.045 requires Whatcom County to form a Shellfish Protection District and to establish a shellfish protection program to address non -point sources of pollution that have lead to the downgrade status; NOW THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Portage Bay Shellfish Protection District as shown in Attachment A is hereby adopted. BE IT FURTHER ORDAINED by the Whatcom County Council that the Portage Bay Initial Closure Response Strategy as shown in Attachment B is hereby adopted as the Portage Bay shellfish protection program. BE IT FURTHER ORDAINED by the Whatcom County Council that the amendments to Whatcom County Code 16.20 Drayton Harbor Shellfish Protection District to include the Portage Bay Shellfish District as shown in Attachment C are hereby adopted. ADOPTED THE 24 ;T: mwn- Davis, Council C1 AS-T(YFORM: ;ivil Deputy Prose Karen Frakes day of March - , 1998. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Ro ert o� Council hair ( l A pro ed () Denied Date: -11/ -- a' Hanncgan Road Lgndcn. WA 98264 Ph (360) 354 -2035 • Fax (360) 354-4678. Poftage Bav Closure Response Team Po rtage Bay Initial Closure Response tmtegy* . A Community Effon to Reclaim Lost ShelNyh Resource February 10, 19,-- r. A Community Effort to Reclaim Lost ShelNyh Resources Executive Summa Introduction. This is the initial response strategy for the closure of commercial shellfish beds in Portage Bay ( "Bay "). (See Figure l.) In August of 1997, the State Department of Health ( "DOH") downgraded a portion of the Bay from approved to prohibited. This action was necessary to protect public health. Previous sampling of marine water showed concentrations of fecal coliform bacteria above what was safe according. to the state water quality standards and National Shellfish Sanitation Program. Immediately following announcement of the closure, representatives of Local, Tribal, Federal, State governmental agencies and local community groups coalesced as a team to develop and offer this strategy for the correction of contamination to the Whatcom County Council. Goal. The closure response team ( "Team ") set December 31, 1999 for reopening the commercial shellfish beds in the Bay. While recognizing this is an ambitious goal, we are confident it can be achieved through strategic actions carried out in partnership between public agencies and private landowners. This does not, however, mean all fecal coliform bacterial pollution will be eliminated by then. Instead, it means that the contamination will be reduced to meet water quality standards and the DOH is satisfied that future exceedences are unlikely given the programs that are then in place. Strategy. For the most part, pollution will be reduced by voluntary actions fostered by technical assistance and education., An effective program for enforcement of existing and proposed laws will address those who are not so responsible. This strategy also recognizes immediate and long -term information needs to be met through a monitoring program. The focus is to reduce fecal coliformrpollution from these sources: • Agriculture • On -site septic systems • Sewage treatment plants, and • Stormwater runoff. This strategy assumes environmental benefits will result from actions already underway. It anticipates full and timely advantage will be taken of partnership opportunities that will arise between public agencies and private landowners. Many of the proposed actions are under way or will be taken soon through existing resources. However, to fully implement this strategy, the participating agencies will need some additional funding.. Background Importance of the Shellfish Resource. Washington state is a leading producer of clams and oysters, with an annual commercial wholesale value of about $50 million. In Portage Bay this commercial resource has been valued at $300,000 annually. Mr. Merle Jefferson, Director of the Lummi Nation Natural Resources Department, wrote. to John Gill ies of the USDA - NRCS supporting the Whatcom Conservation District's request to include Whatcom County in a Geographic Priority Area to garner additional financial assistance for local dairy producers: the loss of Portage Bay shelosh beds has damaged the Lummi commercial, subsistence, and ceremonial harvest of clams and oysters. Shellfish and salmon are economically and culturally significant resources of our tribe, which the United States and its agencies have a trust responsibility to protect. ht addition, U.S. Department of Agriculture grants funded a major expansion of our oyster hatchery in 1444. Oysters derived from that hatchery are seeded in the shellfish beds that have been affected, and similar nearby shel 7sh beds are threatened if the degraded water quality contimues. " The effect of the monetary losses suffered by the Lummi Nation ripples through Whatcom County's economy. Polluted Water Contaminates Shellfish. Water quality is-the most significant factor in determining whether clams, oysters, mussels and other shellfish are safe to eat. In polluted water, shellfish accumulate bacteria, viruses, or toxic substances. While the shellfish themselves may appear unaffected, those who eat them can become ill. Some kinds of shellfish poisoning are caused periodically by naturally occurring bio- toxins such those that cause "red tide" or PSP. Increasingly, though, our shellfish are damaged by ongoing pollution. One of these common pollutants, fecal colifortt� is the cause of the current restrictions on Portage Bay shellfish harvesting. Evidence has shown that the pollution in the Bay is a result of heavy bacterial loading from the Nooksack River Watershed. Fecal Colifonn Standard. Fecal coliform is a group of bacteria, which has been used for many years as a primary indicator of water quality. Among the bacteria in the fecal coliform' group is Escherichia coli (E. coli) - strains of which can cause severe illness or death in humans who ingest it. Other disease causing bacteria,. not part of the fecal coliform group, are often present where fecal coliform is found. The geometric mean on the samples collected cannot be greater than 14 fecal coliform colonies per 100 milliliters ( "ml ":). with no more than lo% of the samples greater than 43 fecal coliform colonies per 100 ml. Between July 1992 and February 1997 at least 30 samples were taken from seven different sites within Portage Bay totaling over 210 samples. Two of these sites (l 1& 12) failed to meet water quality standards for fecal coliform and resulted in the downgrade. (See Figure 2.) The principal source of freshwater into the Bay is the discharge of the Nooksack River. (Comprehensive Study of Water and Related Land Resources, Appendix III, Hydrology and Natural Environment) Sampling of the Nooksack River below the bodge at Mount Baker Highway as well as several of its tributaries intersecting below that point, are impaired by excess levels of fecal coliform. Nearly 40% of the morithly samples collected by the state Department of Ecology in the lower Nooksack River between 1993 to 1996 exceeded the established water quality standards for a Class A stream (100 fecal coliform colonies/ I00m1). Other studies show similar results. PolWon.Sources and:Strateg es' Key Sources of Fecal Coliforrn Pollution. The DOH identified six potential sources of fecal coliform pollution in its August 1997'report: Sanitary Survey of Portage Bay ( "Report"). In considering that report plus those provided by its members, the Team weighed the relative contributions of fecal coliform bacteria from each those sources.. It deliberated upon what measures were available to eliminate or reduce discharges from the respective sources and the costs/benefits attendant to each. From this, the Team concluded that the downgrade could be most effectively, efficiently and promptly reversed by addressing four key sources of pollution. These are: • Agriculture • On -site septic systems • Sewage treatment plants, and • Stormwater runoff The Team felt that given what it knew about wildlife and industrial as potential sources of fecal coliform pollution it could not recommend remedial action at this time. Both sources are viewed by the DOH in its Report as low potential contributors to water quality impacts in the Bay given the lack of evidence to the contrary. The Team recommends that wildlife data should be recorded in the course of water quality monitoring when significant concentrations are observed. There are a number of facilities in the watershed regulated under the NPDES general or industrial permits. It will be useful to screen out those with no potential for contributing to the Bay fecal coliform problems. Control Agricultural Sources - Improper dairy waste management is identified as the largest potential contributor of fecal coliform pollution in the Nooksack watershed by the DOH and the Team. More than one -half million gallons per day of manure is produced by about 50,000 cows on 200 dairy farms within the basin. This number does not include young stock. The amount of dairy waste produced each day in the Nooksack watershed on a bacterial loading basis is equivalent to 1 million people. The Team recommends not only a commitment to provide education, technical and financial assistance to livestock farmers large and small but also, to an effective enforcement program. Experience demonstrates the importance of enforcement activities by the EPA and the DOE to inspire adherence to practices that protect water quality. Such a program includes the continued presence of the EPA and DOE with Whatcom County assuming a higher profile. The County should take three steps in this regard. First, it should actively enforce the Critical Areas Ordinance by providing fiinding to support an inspector in the field dedicated to that purpose. Second; it should prohibit by ordinance the spreading of liquid manure at the wrong time (e.g. to corn . stubble post - harvest through the following February) and in a sloppy manner (e.g. to a stream, creek, river or a public right -of -way). Third, it should enter into a Memorandum of Understanding ( "MOU") with the Environmental Protection Agency ( "EPA ") and State Department of Ecology ( "DOE "). Through this MOU the agencies would clarify their respective jurisdictions, coordinate efforts and make referrals from one another. This would avoid duplication or omissions in inspection activities. Detailed technical studies on the effects of Best Management Practices (BMPs) on fecal coliform levels and/or research into alternative dairy waste management techniques will continue to be valuable.. WSU Cooperative Extension has been and will continue to be active in conducting such research and demonstration projects. The Whatcom Conservation District and the Northwest Indian College have expressed interest in developing specific projects and seeking grant funding for them as well Partners in this response strategy include the USDA Natural Resources Conservation Service, Whatcom Conservation District, WSU Cooperative Extension, Environmental Protection Agency, Department of Ecology, Whatcom County, and individual farm owners. Control Sewage Treatment Plant Sources. Sewage treatment plants ( "STP's ") operated ,by the cities of Everson, Lynden and Ferndale are known sources of fecal coliform. In monthly averages, the daily discharged wastewater from these facilities must not exceed 200 fecal coliform colonies/100 ml. Sampling by Department of Ecology for the "total maximum daily load" (TMDL) study indicates that permitted average amounts are exceeded on individual days. The Team recommends review of discharge (NPDES) permits with a recommendation for tighter changes in upcoming permits under renewal. This will be done with existing resources. Control Failing On -site Septic Systems Sources. Failing on -site septic systems ( "OSS's) especially in the Marietta area are an additional potential source of fecal coliform contamination to Portage Bay. The Team recommends that the Whatcom County Department of Health conduct a survey of OSS in this area and require repair of failures. Control Stornwater Runoff Sources. Stormwater runoff is a source of fecal coliform pollution in the Nooksack River drainage. In urban areas, pet waste and other non- agricultural sources are the primary. sources. In rural areas, stormwater can carry bacteria from agricultural operations, non-commercial farms or on -site septic systems. Affected municipalities, including the County, are required to develop storrrtwater management plans. This process appears to be on track. In advance of implementation of those plans, there is a need for mapping of know stormwater outfalls to aid the response strategy. The Team recommends the prompt completion of this mapping .......... g .................... _...._......................... mplin rn Noo.... c :Rw .r...a lF ;::Tributaries Assessing Overall Pollution Loads to the Nooksack River. As a requirement of the federal Clean Water Act, the DOE is conducting a Total Maximum Daily Load ( "TMDL ") study. This will help the DOE and the Whatcom County community determine how best to reduce pollution (of all types).in the Nooksack River and tributaries. Monthly sampling at 20 sites along the Nooksack River, from Nuggent's Corner to Portage Bay, began in March 1997 as part of this TMDL study. When. sampling is concluded in March 1998, the data will be thoroughly analyzed. It will identify the fecal coliform bacteria reductions needed to meet Class A water standards at all points of the Nooksack River. The TMDL study will help better quantify the relative contributions of fecal coliform from the potential sources identified in the DOH Report. Recent Monitoring Results. Figure 3 presents fecal coliform concentrations at selected TMDL monitoring sites. From preliminary TMDL sampling data, some general inferences can be made. • Fecal coliform counts increase in the Nooksack River from Everson to the mouth in average figures of 25 fecal coliform colonies/100 ml at Everson to 122 fecal coliform colonies/100 ml at the mouth. • Average fecal coliform colony counts for some tributaries have been much higher — 510 fecal coliform colonies/100 ml. in Kamm Creek, 620 fecal. coliform colonies/100 ml in Fishtrap Creek, and 490 fecal coliform colonies/100 ml in Tenmile Creek. • The most substantial increase of fecal coliform colony counts in the Nooksack occurs between Lynden and Ferndale. • Fecal coliform colony counts appear to level off between Femdale and Marine Drive, except during storm events. • Tributaries surrounded by substantial dairy activity continue to greatly exceed. Class A fecal coliform colony concentration standards. • Sewage treatment plants and storm water are second to agriculture as fecal coliform colony bacterial inputs. • Samples collected at the Everson, Lynden and Ferndale sewage treatment plants have contained fecal coliform colony counts above 200fecal coliform colonies/100ml. The worst recorded single exceedence occurred in June at the Lynden STP with 800,000 fecal coliform colonies /ml. • During storm events, already high fecal coliform counts in tributaries can increase 1 -2 orders of magnitude. For example, during a 12 -hour period of the October 30, 1997 storm, fecal coliform counts increased: • at the mouth from 375 to 1050 fecal coliform colonies/100ml; ■ at Ten Mile and Fishtrap Creeks between 1000 and 6000 fecal coliform colonies/100 ml. This illustrates that fecal coliform counts and stream flows can vary dramatically in a matter of hours. It also illustrates that increased runoff can result in increased fecal coliform counts during a fairly typical storm event. This is especially true for Portage Bay as the Nooksack River dumps an increased volume of more contaminated water into the bay. In order to acquire a greater understanding of these events, the TMDL study has been expanded to . include increased storm sampling. Current Monitoring Efforts. The following water sampling and monitoring activities are already underway: • The TMDL study will yield important information about pollution sources to the Nooksack, and the river's capacity for assimilating fecal coliform. The yearlong sampling regime for the TMDL will conclude in. March 1998, with data analysis being conducted the remaining part of the year. • The Northwest Indian College will be conducting a study through the year 2000 that will build upon the work of the TMDL study to see how fecal coliform bacteria are transported. • DOH monthly monitoring *ill continue in Portage Bay. • The Nooksack Tribe had been monitoring reaches in Anderson Kamm, Fishtrap,and Bertrand creeks and the main stem of the Nooksack River for fecal coliform bacteria in conjunction with the TMDL sampling. • `Spot' sampling between major storm events and on other occasions has been useful when potential runoff occurs from land application of manure. Increased sampling is needed to better define and locate those areas within the sub -basin that are have consistently high counts. Future Monitoring Needs. A monitoring program is necessary to measure two things. First, it must measure the effectiveness of the Portage Bay Closure Response Strategy. Second, must measure the effectiveness of pollution limits set by the year 2000 under the TMDL process. A monitoring plan should include indicators of water quality, shellfish health, land use, education effectiveness, and regulatory actions. it is expected that the Portage Bay strategy will be constantly evaluated and adjusted according to information yielded from an 5 ongoing monitoring program. Without monitoring, there will be no way to measure the effectiveness of resources spent on implementation. The Team recommends that monitoring of the Portage Bay Closure Response Strategy be coordinated by the committee established to implement the closure response strategy. The committee should also be responsible for maintaining a database, interpreting and summarizing data of monitoring reports, and evaluating trends. Portage: Bay C19900 Respense:Team Lead Agency. The Whatcom Conservation District served as lead agency for the development of this initial closure response strategy. 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W 1\ 4� 160 tiQ lR[R < 3 Figure 1• Area Map t t �I 3�nifnrtq..\ J / HERO it Rotabn� J ti 4 *f"gd mouth of the Nooluaak River Chya"l BEL L I1V'GHAM BAY Ql \ m�� • w i a Go�ertt 'r °r1 n¢•b_ 6 rAd O ` ,. ell I I I I I Figtu-e 2: Sampling Station Map L UMMI RAY •` M �• `k b P Lta �a 0 � A �h► /7ZI Pq ' 11I v s BEL LINGIYAM —, BA Y APPROVE; 12 13 AREA �J • 14�. a Fi.Da ' 11I v s BEL LINGIYAM —, BA Y APPROVE; 12 13 AREA �J • 14�. $ s N `\ i r n V I O s U ^ N Z n+ U) (D 0 D Q Cn 0 i (D -D. 3 (D J Figure 3: Fecal Coliform Concentrations at Selected TMDI, Sites 1\ N N Ne N • O+ N (J N N m <� CD (n (D n D Z—�"i� o C)7D X-MU) Z C in -a m > -a 0- m m C) CD U) -D- in =37 70 70 CO 8 3 r n V I O s U ^ N Z n+ U) (D 0 D Q Cn 0 i (D -D. 3 (D J Figure 3: Fecal Coliform Concentrations at Selected TMDI, Sites 1\ G) D —� �n m <� CD (n (D n D GDS. �m (D Ti /f �m > > r- 0- (D O r "T1 CO N N G; L' 0 0 W �.. 3 13 G) D —� �n m <� CD (n pmp f- n D GDS. �m Ti /f �m > > r- 0- O r "T1 N '' �" ���• #9$'01° Chapter 16.20 (REVISED) Brayton 1 !a Whatcom Countv Shellfish Protection Districts Sections: 16.20.010 Establishment and authority of district. 16.20.015 Purpose. 16.20.016 Establishment of program. 16.20.020 District boundaries. 16.20.040 Revenue authority. 16.20.045 Collection of charges or ratesf hip "Mons. M. 16.20.050 , Sunset date and dissolution of district. 16.20.060 Relationship with other entities. 16.20.065 Advisory groups. 16.20.090 Severability. 16.20.010 Establishment and authority of district. There is hereby established the Drayton Harbor and Portage Bay Shellfish Protection Districts under the authority of RCW 90.72 Shellfish Protection Districts. 16.20.015. Purpose. The purpose of these districts is to provide services to citizens experiencing non -point pollution of surface water drainages, and coastal waters and to implement those portions of the Drayton Harbor and Portage Bay_ Closure. Response Strategym necessary to allow removal of the Drayton Harbor and Portage Bay_ downgrade. 16.20.016 -Establishment of program. The Portage Bay Initial Closure Response Strategy dated February 10, 1998 is hereby adopted as the Portage Bay shellfish protection program. 16.20.020 District boundaries. The Drayton Harbor Shellfish Protection district shall be the approximate area included in the Drayton Harbor. Watershed and contained within the boundaries that are declared as follows: Commencing on the forty -ninth parallel at the point dividing the American and Canadian territory in the Gulf of Georgia; thence easterly along said international boundary line to the intersection of Markworth Road; thence southerly along the centerline of Markworth Road to the intersection of Badger Road; thence easterly along the centerline of Badger Road to the intersection of Glendale Road, thence southerly along the centerline of Glendale Road to the intersection of Loomis Trail Road; thence westerly along the centerline of Loomis Trail Road to the intersection of Bob Hall Road; thence southerly along the centerline of Bob Hall Road to the intersection of Birch Bay Lynden Road; thence westerly along the centerline of Birch Bay Lynden Road to the intersection of Woodland Road; thence southerly along the centerline of Woodland Road to the intersection of Harksell Road; thence easterly along the centerline of Harksell Road to the intersection of Enterprise Road; thence southerly along the centerline of Enterprise Road. to the. intersection of Aldergrove Road; thence westerly along the centerline of Aldergrove Road to the intersection of Olson Road; thence northerly along the centerline of Olson Road to the intersection of Grandview Road; thence westerly along the centerline of Grandview Road to the intersection of Valley View Road; thence northerly along the centerline of Valley View Road to the intersection of Bay Road; thence . westerly along the centerline of Bay Road to the intersection of Kickerville Road; thence northerly along the centerline of Kickerville Road to the intersection of Birch Bay Lynden Road; thence westerly along the centerline of Birch Bay Lynden Road to the intersection of Blaine Road; thence northerly along the centerline of Blaine Road.to the intersection of Lincoln Road; thence westerly along the centerline of Lincoln Road to where it becomes Semiahmoo Parkway; thence following the centerline of Semiahmoo Parkway to the intersection of Drayton Harbor Road; thence following a line running off- shore to the point of origin in the Gulf of Georgia, plotted in such a manner as to follow existing boundaries of land parcels. The Portage Bay Shellfish Protection District shall be the approximate area included in the Nooksack Watershed and contained within the boundaries that are declared as follows: Commencing on the forty -ninth parallel at the intersection of Markworth Road: thence easterly along said international boundary line to the easterly section line of Township 41 North Range 3 East, Section 35; thence southerly along said section line to the intersection of Halverstick Road: thence westerly along the centerline of Halverstick Road to the easterly section line of Township 40 North, Range 3 East, Section 3: thence southerly along said section line to the northerly line of Township 40 North, Range 3 East, Section 11 thence easterly along said section line to the easterly section line of Township 40 North, Range 3 East, Section 11: thence southerly along said section line to the intersection of East Badger Road, thence easterly along. the centerline of East Badger Road to the intersection of Trap Line Road: thence southerly along the centerline of Trap Line Road to the intersection with the City Limits of Everson: thence proceeding easterly along the City Limits of Everson to the intersection with the City Limits of Nooksack: thence proceeding along the City Limits of Nooksack to the easterly section line of Township 40 North, Range 4 East, Section 31: thence southerly along said section line to the northerly section line of Township 39 North, Range 4 East, Section 5: thence easterly along said section line to the intersection with Nooksack Road: thence southerly along the centerline of Nooksack Road to the intersection with Hopewell Road; thence easterly along the centerline of - Hopewell Road to the intersection with Lawrence Road: thence southerly along the centerline of Lawrence Road to the northerly section line of Township 39 North, Range 4 East, Section 21; thence easterly along said section line to the westerly section line of Township 39 North, Range 4 East, Section 13, thence northerly along said section line to the northerly section line of Township 39 North, Range 4 East, Section 1: thence easterly along said section line to the westerly section line of Township 40 North, Range 5 East, Section 31: thence northerly along said section line to the northerly section line of Township 40 North, Range 5 East, Section 31: thence easterly along said section to the westerly line of Township 40 North, Range 5 East, Section 28; thence northerly along said section 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 4.1 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 38 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 section line of Township 38 North, Range 2 East, Section 16: thence southerly along said section line to the intersection with Bellingham Bay.: thence re- commencing 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 e 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 centerline of Aldergrove Road to the intersection of Enterprise Road; thence northerly along the centerline of Enterprise Road to the intersection of Harksell Road; thence westerly along the centerline Harksell Road to the intersection of Woodland Road: thence northerly along the centerline of Woodland Road to the intersection of Birch BaLynden Road: thence easterly along the centerline of Birch Bay-Lynden Road to the intersection of Bob Hall Road; thence northerly along the centerline of Bob Hall Road to the intersection of Loomis Trail Road: thence easterly along the centerline of Loomis Trail Road to the intersection of Glendale Road, thence northerly along the centerline of Glendale Road to the intersection of West Badger Road: thence westerly along the centerline of West Badger Road to the intersection of Markworth Road: thence northerly along the centerline of Markworth Road to the forty ninth parallel, P ©B. 16.20.040 Revenue authority. ' The revenue authorities granted under RCW 90.72 shall be exercised at the discretion of the Board of Supervisors, which shall be the County Council for the operation of #these districts. 16.20.045 Collection of charges or rates and exemptions. Property owners within these shellfish protection districts may be assessed charges or rates as allowed by RCW 90.72 to finance the shellfish protection programs. The owner of any property within a shellfish protection district which is exempt from charges or rates because such property is subject to the National Pollution Discharge Elimination System as specified in 90.72.070 RCW shall demonstrate such exemption annually to the county assessor. If evidence of exemption is not provided, the property will automatically convert from exempt status and the property will be subject to charges or rates. Land exempt from charges and rates as specified in 90.72.070 RCW because of its forest land classification will automatically convert from exempt status if the land classification changes and will be subject to charges or rates. 16.20.050 Sunset date and dissolution of the district. The Drayton Harbor Shellfish Protection shall be dissolved and this Ghapter repealed, on December 31, 1998, unless specifically extended by ordinance of the county legislative authority; or upon the removal of the downgrade. The Portage Bay Shellfish Protection District shall be dissolved and this Chapter repealed, on December 31, 2000, unless specifically extended by ordinance of the county legislative authori , ; or upon the removal of the downgrade. These districts may also be dissolved by the county legislative authority by ordinance. The County legislative authority shall review the continued need for these districts 4 months prior to their sunset dates. 16.02.060. Relationship with other entities. No program or activity proposed by the district shall replace or consolidate existing activities performed by cities or other non- county provided water - related special purpose districts without their consent. In formulating new programs, consultation and coordination shall occur with cities and other water related special districts. 16.20.065 Advisory groups. The board of supervisors shall appointer advisory committees of not more than nine members to advise on the overall operations of these districts. In establishing district advisory committees, all members shall have a direct interest in the district. 16.20.090 Severability. If any provision of this chapter is found to be invalid, all remaining provisions shall continue in effect.