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Home My WebLink Aboutres1990-08311 1TCOM COUNTY COUNCIL AGENDA BIL. NO. 90 -4: CLEARANCES Initial Date Date Received in Council office: Agenda Date Assigned To: originator- Public Works 12/4/90 P &D /Council Division Head- Department Head - Prosecutor Review- Purchasing/Budget Dir.- Executive- J U1DJP- U I : Resolution amending resolution 90 -66, a wetland policy to be used until such time as Whatcom County has a wetlands ordinance ATTACHMENTS: - Resolution Public Hearing Needed? Yes /_/Nol/ SUMMARY STATEMENT.• ORIGINATOR'S RECOMMENDED ACTION.• COMMITTEE ACTION (including dates): COUNCIL ACTION (including dates): 12 -4 -90: Council approved 7 -0 Related File Numbers. Ordinance or Resolution Number. • wsgn -A� wetlands.04 Substitute SPONSORED BY: Consent 11/26/90 PROPOSED BY: Public Works INTRODUCTION DATE: 11 -27 -90 RESOLUTION NO. gn_R� AMENDING RESOLUTION 90 -66, THE INTERIM WETLAND PROCEDURE WHEREAS, resolution 90 -66, establishing an interim wetlands procedure to be used until such time as Whatcom County establishes a wetlands ordinance, was approved on September 25, 1990; and WHEREAS, Public Works has indicated there needs to be a change in Item 4 of the Wetlands Procedures attached as Exhibit "A". NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the attached procedure with the change in Item 4 be adopted on an interim basis to be used until such time as a permanent wetlands ordinance is adopted by the Whatcom County Council. APPROVED this 4th day of DecaTber , 1990. ATTEST: X�L� X2- - Ramona Reeves, Council Clerk APPROVED AS TO FORM: Civil Deputy Pros. Atty. WHATCOM COUNTY COUNCIL WHATCO COUNTY, WASHINGTON Don G. ansev. C irman DEPARTMENT OFjPUBLIC WORKS SCAN PREFIX 769 r ' JNTY NO. 398 -1310 .iX (206) 676 -7727 , — x3�•_ � y � WETLANDS POLICY DEPARTMENT OF PUBLIC WORKS ADMINISTRATION PAUL F. DIRECTOR RUSHING The Whatcom County Department of Public Works has a general policy (2W) 676 -"92 to defer to the U.S. Army Corps of Engineers in the identification Brad A. Bennett, C.P.A. of wetlands and determinations as to applicability of federal g may (2M) Fiscal 676 -6863 Manager regulations for development y ment on lands that contain wetlands. (206) Mary Chisholm Admin. Sm. Mgr. Because the general policy does not distinguish between development (206)676.6886 or fill on wetlands from development on property that may contain 316Loham,WA wetlands, it is in the best interest of the public to provide Bellingham, WA 98225 P P guidelines to staff of Public Works in order to use some discretion DIVISIONS in referring applicants to the Corps of Engineers. Therefore the BUILDINGS & CODE following policies and procedures are developed: John R. Tyler Deputy Administrator 1. All project files shall contain a copy of the relevant area map 401 Grand Avenue of wetlands. We use the 1989 maps prepared by U.S. Department of Bellingham, W (2M)67 "W7A98225 Interior, Fish and Wildlife Service. They are commonly known as the wetlands inventory maps, or NWI maps. BUILDING MAINT. Jerry Gran 2. The maps will be used by staff as the initial information about Sup[. of Bldgs. &Safety the presence of wetlands on a subject property. IF WETLANDS OF ANY Bsmt. Public Safety Bldg. 'ngham, WA 98225 TYPE APPEAR ON THE MAP FOR THE SUBJECT PROPERTY, WE WILL TAKE THAT 67`1746 AS EVIDENCE OF WETLANDS. ENGINEERING 3. If the NWI maps show no wetlands, staff will be alert to the Edwin R. Henken, P.E. County Engineer obvious evidence of wetlands when making site inspections, such as Courthouse -311 Grand Ave. STANDING WATER, CATTAILS, SKUNK CABBAGE, or other plants they may be familiar with that oblige us to recognize wetlands. (206)67"7A98225 0 EQUIP. RENTAL & 4. In cases of projects that PROPOSE PHYSICAL DEVELOPMENT ON AREAS MAINT. that are mapped and /or obvious wetlands, staff shall issue the Glen Kiep Fleet Control Manager "Corps Memo" to the applicant and advise them that we will take no final 'action on his proposal until we see written evidence from the 901 West Smith Road Bellingham, WA 98226 Corps of Engineers that either they require no permit or that a " (206) 676 - 6759/3843221 permit has been issued for the development. FERRIES & DOCKS William K. Hawley An EXCEPTION shall be made for building permit applications for Capin a single - family dwelling on isolated wetlands when the access road 316 Lottie Street location is acceptable under Section 9 or 10, below. This type of Bellingham, WA 98225 (206) 676-6692 development shall not require Corps review before issuance of the county building permit. MAINT. & OPERATIONS Hansen Superintendennt t 5. A SEPA threshold determination will not be made in the case of 4., above, until we receive the written notice from the Corps. 901 West Smith Road Bellingham, WA 98226 (206)676-6759/398 -3221 6. In cases where the physical development or lot lines are clearly not on wetlands and the Technical Committee has no reason to S,LIDW„S.E ntJurica,P.E. - believe that the call is even close, the applicant will not be _,.ad Waste Manager 1 Bellingham Medical Center 1800 C Street, E -15 Bellingham, WA 98225 (206) 676.7695 referred to the Corps of Engineers. We will proceed with technical review of the application, but the Technical Committee may require notes on drawings or written restrictions that prevent development on or near the suspected wetlands. The intent of the Department of Public Works is to allow normal processing of applications if the applicant will commit to avoiding wetlands by a large margin. That margin will be decided on a case by case basis by the Technical Committee, the Deputy Director of Public Works, or by the SEPA Official, as appropriate to the permit being processed. Provided that in the Cordata Business Park, which was approved by Whatcom County as a Planned Unit Development (PUD 1 -84), the wetland setbacks shall be as stipulated under the approved PUD or in accordance with the Corps of Engineers regulations as stipulated in Section 404 of the Clean Water Act of 1972. 7. In cases where the physical development or lot lines are close to suspected wetlands (whether on the same property or adjacent property), the Technical Committee and /or SEPA Official may use limited discretion to allow the applicant to pursue alternatives as follows: A. The applicant may have a professional specialist identify the wetland boundaries and type(s) of wetlands present. Upon receipt of that report, the Technical Committee may find that the wetlands are avoided by a large margin and proceed, or B. The applicant may be referred to the Corps of Engineers for a determination of the presence of wetlands, importance of the wetlands, federal permits required, or exemption from permits. 8. In the case of subdivisions (both long and short plats) where no lot lines fall on suspected wetlands, or there is a large margin to areas of proposed developments such as roads and building sites, the Technical Committee may proceed with review with notice to the applicant that the short plat or final plat shall depict the wetlands. A. If a general area is identified by the marsh symbol with no boundary line, the Technical Committee shall verify by site inspection that the proposed developments on the property avoid the wetlands by a large margin. In this case, the plat must clearly show or state in a written note that the presence of wetlands is an approximation. B. If the applicant wishes to have more accuracy in the mapping and avoid wetlands by a close margin, he has the option of having a professional delineation of wetlands done and the information supplied to the surveyor for inclusion on the plat. If this is done, and the delineation is different than the NWI maps, the more stringent of the identifications will be used in making a decision regarding referral to the-Corps-of Engineers. 2 If development is on or near identified wetlands, follow step 7.B, above. 9. Any development plan that shows a ditch, canal, or similar feature across or adjacent to the property and that feature is shown on the NWI maps to be any type of wetland (or is obviously a wetland upon inspection by staff), the feature will be considered a wetland where Technical Committee can use discretion, depending upon the extent of development on or over the feature. A. Road construction involving a culvert or bridge at a single crossing may be considered inconsequential. River and stream crossings requiring fill, rather than bridging, are significant enough to require referral to the Corps of Engineers. B. Road construction involving multiple crossings may be referred to the Corps of Engineers if the cumulative distance of fill or culverting is of concern to the Technical Committee, SEPA Official, or Administrator. C. Complete filling, diverting, or culverting in place on wetlands shall be treated the same as disturbance of other areas of wetland, as in 7 above. 10. In the case of a road crossing near or over a wetland area, the Technical Committee, SEPA Official, or Administrator may suggest avoidance of the area. The alternative for the applicant would be a professional delineation of wetlands and referral to the Corps of Engineers. 11. When permits or approvals are issued by Whatcom County without the benefit of Corps of Engineers involvement and advice on wetlands (using discretion of the Technical Committee, SEPA Official, or building official), applicants will be issued a disclaimer letter advising that the permit is issued on the information submitted, and any information later found to be false or misleading that would have. led to the involvement of the Corps of Engineers in our review process may be cause to void the permit or approval. (The County Civil Deputy Prosecuting Attorney has agreed to prepare that letter.) APPROVED: / �� /,V' iO by Date Paul F. Rushing Director Department of Public Works APPROVED: ��, /�j / by JJr- Date J R. Tyler D uty Director Department of Public Works 2 /jm 3