HomeMy WebLinkAboutres1985-0261
I INTRODUCED BY: Tnhngon
2 PROPOSED BY: Council
3 DATE: May 16, 1985
4
5 RESOLUTION NO. 85 -26
6 A RESOLUTION PURSUANT TO RCW 85.08
DIRECTING THE WHATCOM COUNTY ENGINEER
7 TO MAKE A14 INVESTIGATION AND FINDINGS
REGARDING THE PROPOSED SUMAS RIVER
8 DRAINAGE IMPROVEMENT DISTRICT.
9
10 WHEREAS, a Petition has been received by the Whatcom
11 County Council stating the necessity and praying for the formation
12 of the Sumas Drainage Improvement District pursuant to RCW 85.08;
13 and
14 WHEREAS, the Whatcom County Boundary Review Board
15 rendered a decision on June 13, 1983, which specifies the lines
16 and location of the proposed improvement and the property to be
17 affected. (Said boundaries as indicated in the legal description
18 in the June 13, 1983, Findings and Order of the Board are attached
19 hereto as Exhibit "A" and incorporated herein by reference); and
20 WHEREAS, RCW 85.08 requires that the Clerk of the
21 Whatcom County Council deliver a copy of the Petition or
22 Resolution to the Whatcom County Engineer so that he shall view
23 the lines and location of the proposed improvement and the
24 property to be affected thereby, and determine whether the
25 improvement is necessary or will be conducive to the public
26 health, convenience, or welfare; and whether the location and
27 route described are the best; what, if any, part of the Proposed
28 system should be omitted; and what, if any,conditions should
29 be made therein, and the Whatcom County Engineer shall file his
30 findings in writing with the Whatcom County Council;
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NOW, THEREFORE, BE IT RESOLVED that the Whatcom County
Engineer shall investigate and make said findings regarding the
Sumas Drainage Improvement District and comply with all
statutory duties and responsibilities in RCW 85.08.
PASSED this 16th day of May 19 85
ATTEST:
CAROL EBERGSON
Clerk of the Co ncil
APPROVED AS TO FORM:
TERRANCE G. LEWIS, Civi
Deputy Prosecuting Attorney
Evil
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
WILLIAM OEHL, C ai man
{ EXHIBIT "A" to Res CAUt4 5 -26
BEFORE Tier WHATCOM COUNTY BOUNDARY REVIEW ':UARD
JURISDICTION INVOKED FILE NO. BRB 83 -02
Formation of the Sumas
Drainage Improvement District FINDINGS AND ORDER
(Whatcom County) OF THE BOARD
HEARING DATE: A Public Hearing was held at the Nooksack Valley
High School, April 28, 1983, 7:30 P.M.
Public Hearing was continued to May 12, 1983,
600 Lakeway Drive, Bellingham, WA., 11:00 A.M.
LEGAL QUORUM: April 28: Chairman Neil Lathrop, H.E. Isenhart,
Stewart Buttrick, Everett Sanders
May 12: Chairman Neil Lathrop, E.R. Barnett,
Stewart Buttrick, H.E. Isenhart, Everett Sanders
FILING DATE: February 7, 1983
LEGAL DESCRIPTION: The proposed Drainage Improvement District comprises
approximately 21,500 acres, located in all or portions
of Sections 35 and 36 in Twp. 40 N,., Rge, 4 E.,.and all
or portions of Sections 1, 2, 10, 11, 12, 13, 14, 15,
16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 32, 33,
34, 35, and 36 in Twp. 40 N., Rge 4 E. and all or
portions of Sections 1, 2, 3, 4, 5, 8, 9, 10, 11, 12,
14, 15, 16, 21, 22, and 23 in Twp. 39 N., Rge 4 E. and
all or portions of Sections 18, 19, 30, and 31 in Twp.
40 N., Rge. 5 E., wholly within Whatcom County,
Washington.
JURISDICTION INVOKED:
NOTICES WERE SENT TO THE
FOLLOWING AGENCIES/
DEPARTMENTS:
LEGAL NOTICES:
EXHIBITS OF RECORD:
FINDING OF FACT FOR BRB 83 -02
cc: Ed Henken, Co. Engineer
Paul Rushing, Pub. Works
Bill Trimm, Co. Planning i
County Council (2)
Health Dept., Bert Brainard
John Louws
ASC, Joanne Miller
John Gillies, District
Conservationist
Sumas City Clerk
Mr. & Mrs. Fred Nowi cke
Mr. Tom Thornton
March 10, 1983
John Louws, Whatcom County Executive
Bill Trimm, Whatcom County Planning
Paul Rushing, Director, Whatcom Co. Public Works
Whatcom County Assessor
USDA Soil Conservation
Agricultural Service Center
Director of Conservation, Conservation Commission
City of Sumas
City of Nooksack
Whatcom County Health Department
Sumas Rural Water Association
Nooksack Valley Water Association
Fire District 14
Fire District 1
Lynden Tribune: April 20, 1983
Bellingham Herald: April 24, 25, 1983
Notice of Intention
Legal Description
Statement of SEPA Exemption
Agency /Department Responses: USDA Soil Conservation,
Whatcom Co. Health Dept., Fire District 14, Fire
District 1, City of Sumas, Agricultural Service
Center, Whatcom Co. Public Works
(GP, International Forestry Consultants, Inc.,
Scott Natural Resources Division, DNR letters)
Survey of pproblems, solutions, etc.
Maps: Soils, Topography, Boundaries for proposed DID,
others
Page 2
BRB 83 -02
FINDINGS OF FACT
3
From testimony presented and the documents filed, the Whatcom County
Boundary Review Board makes the following findings:
I. Facts Found Bearing upon Population and Territory, etc. (36.93.170 (1))
A. The proposed boundaries of the Sumas River Drainage Improvement
District will follow the Sumas River Watershed boundaries as closely
as is practical.
B: The area within the proposed boundary of the DID is primarily
agricultural and forestry and in all probability the area will
continue to remain largely agricultural during the next ten years.
II. Facts Found Bearing on Utility Services, etc. (36.93.170 (2))
A. Poor drainage and flooding result in direct runoff of contaminated
'water into the groundwater, streams, and ditches.
B. Formation of a drainage improvement district will allow levy assessments,
use of referendums, grants, etc., to assist in solving the problems
associated with flooding, siltation, sedimentation,,,and erosion.
C. Inclusion within the boundaries of the Sumas River Drainage Improvement
District does not necessarily mean that assessment will be levied.
Landowners will be assessed by law, and according to benefit or lack
of benefit.
III. Facts Found Bearing on.Adjacent Area, etc. (36.93.170 (3))
A. Prevention of flooding would benefit adjacent areas in that transportation
for food, emergency vehicles, etc. would be mitigated.
B. The County Engineer has agreed to cooperate and inform Canadian
Officials of proposed actions of the DID, in order to eliminate the
creation of any problems for them.
CONCLUSIONS
From the evidence presented and the foregoing findings of fact, the
Whatcom County Boundary Review Board makes the following conclusions:
1. The formation of a DID appears to be conducive to public health,
convenience, and welfare of the citizens within the district.
2. It.appears logical to maintain the boundaries of the proposed Sumas
River Drainage Improvement District as that of the Sumas River
Watershed.
3. Formation of the Sumas River Drainage Improvement District shall be
in accordance with RCW 85.08 - Diking, Drainage, and Sewerage
Improvement Districts.
4. The Whatcom County Council will hold public hearings and people will
be given a further opportunity to comment.
5. All standards of 36.93.170 were given consideration.
DECISION
The Whatcom County Boundary Review Board, having reviewed this proposed
formation of the Sumas River Drainage Improvement District, hereby APPROVE the
boundaries of the proposed DID, as submitted.
SIGNED THIS DAY OF �1983.
. Latnrop,
r
aron L. W o f, i e--f UC I e r k
- Isen�hhfart, e -c rm