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HomeMy WebLinkAboutord2001-070WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2001 -310A CLEARANCES In" l Date Dare Received in Council 0 me Agenda Date Aesi nedm: Originator: Man W Animus - S E P 18 2001 VUHA7 °CONI Crv"`lj ' "I GOUNGiI 9 -11 -01 Introduction Division Head: Slfv ;a Goodwin - n l L Dept Head: Hat Han LL r+ U G Prosecutor: Karen Frakes 11,21-01 K Purehsangiaudgen E xecutive: Pere Kr f SUBJSUBJECT: Ordinadina nce amending the Whatcom County Comprehensive Plan relating to threatened & endangered species. ATTACHMENTS: (1) Proposed Ordinance. Note: Background materials are available or review at the County Can oil office SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( xs) NO SEPA review completed? ( x ) Yes ( J NO Requested Date: / A hearing must be held iirthe Coming changes the Planning Commission recommendation (WCC 20.10.110. SUMMARY STATEMENT: An ordinance amending the Whatcom Distribution Request County Comprehensive Plan to strengthen goals, policies and action items relating to protection of threatened & endangered species. The original Indicate those who should i ece. rveacapy usspecific named to the right net Council action. proposal included land use policies relating to restoration of degraded ADS Facilities Management habitat, notice to permit applicants of documented habitat of threatened & ADSFinance endangered fish species, clustering provisions for dividing land, and acquisition of land or easements to preserve habitat. The proposal included capital facility, utility, transportation, economic, agriculture, forestry, mining, and environment policies aimed at protecting and restoring habitat. The proposal included action items to review and/or update the shore line program, critical areas ordinance, zoning ordinance, stormwater development standards, and clearing development standards to provide protection of threatened and endangered species. Allows Resources ADS Info Services Assessor uditor Cooper Cooperative Extension District court Executive Health Hearing Examiner Note: The subject proposal is one of eight comprehensive plan amendments Jail initiated this year. These amendments must be considered concurrently by the County Council so that the cumulative effect of the various proposals can be evaluated (RCW 36.70A.130). Additionally, pursuant to the review schedule established in WCC 20.10.120, final Council action on these amendments should occur by November 30. COUNCIL ACTION TAKEN: Juvenile Par" 2001 -310A 9/1112001: introduced 9125/2001: Held to 1019 Natural Resources Committee 10/0/2001: Held in Natural Resources Committee planning Hal Hart Praserator Public Works 1012312001: Held to 11113 Natural Resources Committee 11113/2001: Held in Natural Resources Committee - 11 /27MOI: Reported - New verslon being introduced tonight 12/11/2001: Moved forward to crencurrency and adopted 6 -0, Imhof absent, Ord. #2001-070 Sheri)J Superior Comt Treasurer Omer L Ordinance or Resolutio umber (this Rem): 070 Related File Numbers: AB # 2001 -041. AB2001 -310 I PlanninieRezone \Come Plan 2001U:MP2u I- W2( thmatenea a enaangerea openea) 12 -11 -01 SPONSORED BY: CONSENT PROPOSED BY: PDS INTRODUCTION DATE: 9/11/2001 ORDINANCE # 2001 -070 AMENDING THE COMPREHENSIVE PLAN RELATING TO THREATENED AND ENDANGERED SPECIES WHEREAS, Chinook salmon and bull trout, which are present in the waters of Whatcom County, have been listed as threatened under the Endangered Species Act; and WHEREAS, The Growth Management Act requires that counties give special consideration to preserve or enhance anadromous fisheries (RCW 36.70A.172); and WHEREAS, Native spring chinook salmon in the waters of Whatcom County were once a significant fisheries resource for the citizens of Whatcom County; and WHEREAS, Conservation or protection measures necessary to preserve or enhance anadromous fisheries include measures that protect habitat important for all life stages of anadromous fish; and WHEREAS, The SEPA Official for Whatcom County issued a determination of non - significance; and WHEREAS, Legal notice was published in the Bellingham Herald; and WHEREAS, The Planning Commission held a public hearing on the proposal; and WHEREAS, The Planning Commission has evaluated the proposed amendments and made certain modifications; and WHEREAS, The County Council has considered the Planning Commission's Findings of Fact & Reasons for Action, Conclusions, and Recommendations. The Council makes the following findings of fact and conclusions: FINDINGS OF FACT 1. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on June 28, 2001. 2. The Planning Commission held a public hearing on the subject amendment on July 12, 2001. P. 1 3. A determination of non - significance was issued under the State Environmental Policy Act (SEPA) on May 23, 2001. 4. Growth Management Act (GMA) planning goal # 8 is to " ... Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. . ." (RCW 36.70A.020(8)). 5. GMA planning goal # 9 is to " ... conserve fish and wildlife habitat. . " (RCW 36.70A.020(9)). 6. GMA planning goal # 10 is to " ... Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water ..." (RCW 36.70A.020(10)). 7. County -Wide Planning Policy 1 -9 indicates that "The County and the cities recognize the need for the protection and utilization of natural resources and resource lands including agricultural, mineral, forestry and fishing..." 8. The Whatcom County Comprehensive Plan was originally adopted in May of 1997. 9. Whatcom County Comprehensive Plan Goal 11K is to "Protect and enhance natural systems that support native fish and wildlife populations and habitat." 10. Whatcom County Comprehensive Plan Policy 111 -2 is to "Develop and adopt programs which protect habitats that are essential to the conservation of species that have been identified as endangered, threatened or sensitive by the state or federal government." 11. The National Marine Fisheries Service listed Puget Sound chinook salmon as threatened on March 24, 1999. These fish are present in certain waters of Whatcom County. 12. The U.S. Fish and Wildlife Service listed Coastal -Puget Sound butt trout as threatened on November 11 1999. These fish are also present in certain waters of Whatcom County. 13. The National Marine Fisheries Service issued final rutes under section 4(d) of the Endangered Species Act on July 10, 2000 relating to chinook salmon. These rules encourage local conservation efforts. 14. When the National Marine Fisheries Service listed chinook salmon as a threatened species, they stated: "The Nooksack River has spring /summer -runs in the north and south forks... Both stocks were rated as `critical' by WDFW [Washington Department of Fish & Wildlife] because of chronically low spawning escapements" (Federal RegisterNot. 64, No. 56 /Wednesday, March 24, 1999 /Rules and Regulations, p. 14318). P. 2 15. The native North Fork chinook stock has declined to an estimated average 133 of adults returning to spawn, according to data collected from 1995 to 2000 (there is a hatchery program on the North Fork, but the counts for native stocks do not include hatchery fish). 16. The native South Fork chinook stock has declined to an average of about 207 adults returning to spawn, according to data collected from 1995 to 2000 (there is no chinook hatchery supplementation program on the South Fork). CONCLUSIONS The subject amendments are consistent with Growth Management Act, County Wide Planning Policies, and Whatcom County Comprehensive Plan. 2. Listing of chinook salmon and bull trout in 1999 after adoption of the Comprehensive Plan in 1997 constitutes a changed condition. Therefore, RCW 36.70.410, which requires that Comprehensive Plan amendments must be predicated upon further study or changed conditions, is satisfied. 3. The amendments are consistent with the public interest because they incorporate policy direction for protecting fish species that were recently listed as threatened. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Whatcom County Comprehensive Plan is hereby amended as shown on Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 11 day of Dec. , 2001 ATTEST: Dana Brown- Davis, Council Clerk APPROVED as to form: �q11'� Civil Deputy Prosecutor Date: P. 3 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON 4Nelson, / 4Ward rp erson JApproved ( ) Denied ete Kremen, Executive Exhibit A Amend Appendix A — Glossary, as follows: Restoration: Bringing back into existence the natural functions and aesthetic character of a site, including the integrity of its surficial geology, topography, soils, hydrology, and /or vegetative regime. Within the context ofthreatered and endangered species goals and policies, restore or restoration means an action that improves habitat of threatened and endangered species that is: (1) Undertaken voluntarily by the landowner, or (2) Undertaken voluntarily by the County on County property or right -of -way, in accordance with the goals and policies of the comprehensive plan: or (3) Undertaken as a condition of a nermit when the condition has been imnosed pursuant to adopted regulations and there is a nexus between new development or new clearing activity and the required restoration. Amend Chapter 2, Land Use, as follows: Fish and Wildlife Wbatcom County has historically enjoyed abundant and diverse fish and wildlife populations. However, the combined effects of habitat reduction or degradation, fish harvest, hvdronower development, hatchery management practices, and variations in natural conditions are now causing the decline of some of these nomdations. Maintaining healthy fish and wildlife populations is a vital goal in maintaining the quality of life in Whatcom County. Goal 2M: Protect and encourage restoration of habitat for fish and wildlife populations. Policy 2M -1: Ensure that new land uses do not degrade habitat of threatened and endangered species. Policy 2M -2: Ensure that existing land uses do not cause further degradation of habitat for threatened and endangered species. Policy 2M -3: Develop educational tools and incentives to encourage existing land uses to restore degraded habitat to Properly functioning conditions, especially for threatened and endangered species. Policy 2M -4: Place a note on all permits issued by the County for clearing or development activity within'' /, mile of documented habitat of threatened or enclanizered pecies, as shown on the County Fish Distribution Map, alerting the property owner to the presence of these species. Policy 2M -5: Require subdivisions and short plats to be designed in a manner to protect fish habitat and water quality when a fish bearing stream or river passes through the site. Renumber subsequent sections of the Land Use chapter. P. 4 Amend the Open Space section of the Land Use Chapter as follows GOAL 2SS: Conserve or enhance important natural, cultural, and scenic resources. Policy 2SS -1: Protect and encourage voluntary restoration of streams, stream corridors, wetlands, natural shorelines, fish habitat and aquifers through education and incentive programs. For willing landowners, purchase property or acquire easements for riparian and channel migration zone areas to protect habitat of threatened and endangered species. Amend Chapter 4, Capital Facilities, as follows: Goal 41.: Ensure that capital facilities provide protection for threatened and endangered fish and wildlife species. Policy 41, 1: Fish and wildlife habitat should be carefully considered when selecting projects for the Six -Year Capital Improvement Program. Policy 4L -2: Proiects selected for the Six -Year Capital Improvement Program should not degrade habitat for threatened and endangered species. Policy 4L -3: Projects selected for the Six -Year Capital Improvement Program should strive to restore degraded habitat for threatened and endangered species when the projects are in direct contact with such habitat. The County Council will determine when such restoration is financially feasible through adoption of the six -year capital improvement r�ogram and the County budget. Amend Chapter 5, Utilities, as follows GOAL 5A: Specify a clear process for determining appropriate locations for future needed utility facilities including electric power facilities greater than 55 kV. Policy 5A -1: Use the existing conditional use and environmental review processes to determine suitable locations for any new utility facilities above the distribution level during the planning period. Policy 5A -2: Identify existing utility corridors. Policy 5A -3: Encourage utility purveyors to consider underground installation of distribution facilities consistent with WUTC rates and tariffs. Policy 5A -4: To the extent that installation of utility facilities affects growth patters, utility services should reflect designated growth areas. P. 5 Policy 5A -5: Discourage siting utility facilities in known natural hazard areas unless public benefit outweighs the risk. Policy 5A -6: Expedite the project review process, once an area has been identified as a possible utility corridor or facility site. Policv 5A -7: Ensure that utilities and power generating facilities are sited where they will not adverselv impact the ecological flow regime needed for fish, including threatened and endangered fish species. Amend chapter 6, Transportation, as follows: Threatened and Endangered Species Coal 6T: Transportation systems, including roads, should avoid adverse impacts to habitat of threatened and endangered fish and wildlife species, and restore such habitat when possible. For County transportation projects, the County Policv 6T -1 Maintain and restore fish passage when constructing new transportation systems P. 6 Where existing transportation systems have fragmented habitat such as where culverts prevent fish from migrating astream, strive to restore fish passage at every opnortunity. For County transportation projects, the County Council will determine when such restoration is financially feasible through adoption of the six -year transportation improvement program, the annual road construction Policv 6T -2 program and the County budget. When constructing new transportation systems. ensure that stormwater generated by the transportation system is treated prior to discharge to waterways utilized by salmonid fish populations or which flow directly into such waterways. Provide for regular, systematic maintenance of transportation system related stormwater Policv 6T -3 control and treatment facilities. Avoid or mitigate future wetland impacts from transportation system construction Policv 6T -4 and maintenance. When constructing new or maintaining existing transportation systems. retain or restore native riparian vegetation along streams and rivers to the greatest extent Policv 6T -5 possible. Avoid or mitigate future impacts to feeder bluffs, accretion shoreforms, driftways eelerass, kelp beds and other elements of marine shoreline habitat when constructing or maintaining transportation systems. P. 6 Policy 6T -6 Allow natural stream processes to continue by minimizing bank hardening and streambed disturbances to the greatest extent possible, while meeting transportation objectives. Policy 6T -7 Implement best management practices for erosion control to rp event sedimentation during transportation system construction or maintenance Maintain such erosion control devices until no longer necessary to protect water quality. Amend chapter 7, Economics, as follows: GOAL 7H: To promote economic diversity, continue to support the resource industries as significant elements of the local economy including the employment base. Policy 7H -1: Ensure that sufficient agricultural land, support services, and skills are available to encourage a healthy and diversified agricultural economy. Policy 71-1-2: Work with other agencies and groups to improve the condition of the fishery resource, including habitat maintenance and enhancement. especially for habitats utilized by threatened and endangered fish species. Amend chapter 8, Resource Lands, as follows: Amend the agricultural lands section as follows: Fish and Wildlife Utilization of agricultural lands can impact habitat, includiniz riparian areas, stream flows channel habitat structure and water quality. Goal SE: Encourage agricultural land uses to voluntarily protect and restore habitat of threatened and endangered species through education and incentive programs. Policy SE -1: Ensure that adequate riparian buffers are maintained alone rivers and streams Policy 8E -2: Encourage fencing along rivers and streams to prevent livestock from degrading riparian and instream habitat. Policy 8E -3: Encourage utilization of integrated nest management practices, including herbicides and pesticides that protect water quality. Policy 8E -4: Encouraee proper storage and application of manure. Poliev 8E -5: Encourage voluntary restoration to property functioning habitat conditions for those riparian areas and stream reaches that do not currently provide such habitat conditions. Y. 7 Policy 8E -6 Encourage the maintenance and operation of drainage systems such that the habitat impacts from such systems are minimized and agricultural uses remain viable. Renumber goal and policies following this section. Amend the forest resource lands section as follows: Fish and Wildlife Utilization of forestlands can impact habitat- including riparian areas, stream flows, channel habitat structure and water quality. Goal 81: Ensure that forest practices avoid adverse impacts to the habitat of threatened and endangered fish and wildlife species. Policy 81 -1: Ensure that adequate riparian buffers are maintained alone rivers and streams Policy SI -2: Minimize sedimentation to rivers and streams. Policy 81 -3: Ensure that riparian and stream functions are protected when forestlands are converted to non - forestry uses. Renumber the goals and policies that follow this section. Amend the mineral resource lands section as follows: Fish and Wildlife Utilization of mineral resource lands can impact habitat- including riparian areas, stream flows, channel habitat structure and water quality. Goal 8S: Ensure that miuing avoids adverse impacts to the habitat of threatened and endangered fish and wildlife species. Policy 8S -1: Ensure that adequate riparian buffers are maintained alone rivers and streams Policy 8S -2: Ensure proper treatment of wastewater prior to discharge Policy 8S -3 Provide and maintain best management practices for erosion control to prevent sedimentation. Policy 8S -4 Provide proper storage and containment of hazardous materials, and provide for appropriate on -site spill response and clean -up materials and personnel Policy 8S -5 Avoid surface mining in the floodnlain. Policy 8S -6 Allow river bar scalping, extent where it would adversely affect spawning or e8 critical habitat areas Policv 8S -7 Work with state and federal agencies to develon policies and regulations regarding in- stream gravel extraction to ensure that spawning or critical habitat is not adversely impacted and that flooding or erosion in surrounding areas is not increased. Amend Chapter 11, Environment, as follows: Policy 11J -2: Develop and adopt programs which protect habitats that are essential to the conservation of species that have been identified as endangered, threatened or sensitive by the state or federal government. Specifically. these programs should maintain and encourage restoration of habitat conditions for threatened species COAL 11K: Protect and enhance natural systems that support native fish and wildlife populations and habitat. Policy 11K -1: Strongly discourage any activity that might cause significant degradation of the fishery resource or habitat. Policy I IK -2: Support the protection and enhancement of significant fish spawning and rearing habitat, food resources and travel passages. Policy 11 K -3: Support development that prevents or minimizes disturbance to fish, wildlife and their habitats. Policy 11K -4: Establish non - regulatory mechanisms and incentives for development that accommodates the habitat needs of fish and wildlife and encourages good stewardship practices. Policy I IK -5: Support protection and enhancement of fish and wildlife habitat through site design in new development. Policy 11 K -6: Native vegetation on stream banks should be disturbed as little as possible. In situations where re- vegetation is necessary to restore stream -side stability and provide shading, native plants should be used. Retention of vegetated riparian areas on all lake and marine shorelines should also be supported. Policy 11K -7: Support natural or bio- engineering solutions such as planting native vegetation along eroding banks to address stream bank erosion problems. Policy 11K -8: Support native vegetation retention and plantings which provide or maintain the beneficial uses and functions of streams, rivers, lakes and marine shorelines. Policv I IK -9: Maintain and encourage restoration of habitat functions for threatened and endangered fish species. P. 9 Action Items: Fish and Wildlife 46. Develop an outreach program with landowners and citizens for the purpose of further identifying, understanding, and supporting stewardship of wildlife species and their habitats. This program may include open space tax incentives, cooperative arrangements, volunteer stewardship programs, site - specific management plans, conservation easements, and provision of educational materials. 47. Support the development of educational programs to reduce adverse cumulative impacts to fish and wildlife from incremental riparian vegetation removal on marine and freshwater shorelines, especially in areas of high density development. 48. Develop geographically -based wildlife management plans for important habitat conservation areas. These plans should take into full consideration the unique environmental qualities of the area as well as the existing or planned surrounding land use activities and constraints. These plans should be utilized as a basis for both the formulation and administration of regulations that address fish and wildlife protection. 49. Amend the existing Whatcom County Development Standards to provide design standards and specifications for the passage of fish through culverts where necessary and feasible. Implement a program that corrects existing obstructions to fish passage. 50. Develop and distribute educational materials to the public which describe the characteristics of healthy and viable fish and wildlife habitats. 51. Identify existing and historically important fish habitats. Include a component that seeks to protect and restore these habitats and to mitigate future impacts to fish habitats. 52. Determine appropriate stream and river buffer widths, based upon best available science ta_u_:__' =�°-- that will optimize fish and wildlife habitat and water quality. 53. Pslabligh A, Fish Habitat PeAM to PCoordinate the various jurisdictional interests and the responsibilities of Whatcom County. 54. Amend the Whatcom Countv Shoreline Management Program to protect threatened and endangered species, consistent with RCW 90.58 and Department of Ecology rules (WAC 173-26). 55. Amend the Critical Areas Ordinance to protect threatened and endangered species, consistent with RCW 36.70A.172, which calls for giving special consideration to conservation or protection measures necessary to preserve or enhance anadromous fisheries, and Department of Ecology rules relating to best available science (WAC 365 -195, Part IX). T, 10 56. Amend the Whatcom Countv Land Division Regulations approval criteria to require subdivisions and short plats to be designed in a manner to protect fish habitat and water quality when a fish bearing stream or river passes through the site. 56. Review and consider amendments to the Whatcom County Development Standards, Stormwater Management chapter, to protect threatened and endangered species. Review and consider amendments to the Stormwater Management chapter consistent with the Department of Ecologv's new manual. 57. Review and consider amendments to the Whatcom County Development Standards, Land Clearing chapter, to protect threatened and endangered species. rn