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HomeMy WebLinkAboutNatural Resources March 26 20131 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 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 WHATCOM COUNTY COUNCIL Natural Resources Committee March 26, 2013 CALL TO ORDER Committee Chair Carl Weimer called the meeting to order at 9:30 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL (9:32:05 AM) Present: Carl Weimer, Bill Knutzen and Sam Crawford. Absent: None. Also Present: Kathy Kershner, Pete Kremen and Barbara Brenner COMMITTEE DISCUSSION 1. DISCUSSION REGARDING A PROPOSED ORDINANCE AMENDING THE WHATCOM COUNTY AGRICULTURE PURCHASE OF DEVELOPMENT RIGHTS PROGRAM APPLICATION PROCEDURES AND GUIDELINES (AB2013 -115) Samya Lutz, Planning and Development Services Department, submitted and read from a presentation (on f/le). The purchase of development rights (PDR) program is one of several tools in the Agricultural Strategic Plan. There are about 3,500 to 4,000 estimated development rights. Some development rights in the agriculture zone should be accommodated, and some should be retired by a variety of methods. She described the current program. One reason purchases haven't been done in the target area is the appraisal process, specifically the difference between the agricultural value and the development value. When there is a high agricultural value and modest development value, and the property's highest and best use is agriculture, there will be zero value of the conservation easement. There may be an opportunity to do some purchases in this area. The first step would be to make changes to the ordinance and program guidelines. She described the proposed changes to the code. Weimer stated they are getting rid of the idea of having rounds. He asked and there was discussion of whether properties with higher ratings will move to the top of the list. Knutzen asked and there was discussion of County appraisals versus federal appraisal standards. Weimer asked if they must use federal appraisals to continue getting matching money. Lutz stated they do. Brenner asked and there was discussion about targeting properties according to value rather than their location within the core area. Crawford asked and there was discussion of whether location is as big an issue as the value of the overall program, given the agricultural use history of a lot. He asked and there was discussion of whether these changes are in response to that issue. Lutz continued the presentation and described the proposed program guideline changes. Natural Resources Committee, 3/26/2013, Page 1 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 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Weimer stated and there was discussion of making changes about when the Council makes decisions versus when the Executive makes decisions and not having to seek Council approval on more than one occasion. Knutzen asked and there was discussion of whether contracting with a third party to manage the easements is required. Weimer asked and there was discussion of scoring, the alternative evaluation system, receiving matching funds, and using conservation futures funds for purchasing easements. Crawford asked and there was discussion of the proposed guideline changes in Exhibit B of the proposed ordinance, whether a reason for some of the changes is due to properties considered in the past that may not have been used entirely for agriculture, and scoring for historic use for agriculture. Kershner asked and there was discussion of the multiplier used in the point system and the maximum number of points in the category for special considerations. Crawford moved to recommend Introduction to the full Council as presented. The motion carried by the following vote: Ayes: Weimer, Knutzen and Crawford (3) Nays: None (0) 2. PRESENTATION BY WASHINGTON STATE DEPARTMENT OF ECOLOGY ON LAKE WHATCOM TOTAL MAXIMUM DAILY LOAD (TMDL) DRAFT REPORT (AB2013 -109) (10 :12:15 AM) Steve Hood, Department of Ecology, submitted a presentation and the public review draft of the Lake Whatcom watershed total maximum daily load (TMDL), Volume 2. He described what has happened since the last report was published. They looked at a number of things including development regulations, how much developed land exists, and what's been developed since the initial report and calibration were done. They tried to determine credit for all the forest canopy that was reserved due to developments that have lower impacts from updated development regulations. Phosphorus coming off the landscape is modeled. He described the modeling process. Of the current developed area, measured in 2010, 86.5 percent needs to function like a forest to meet water quality standards. Lots exempted from meeting the standard and producing more runoff must be mitigated. Knutzen asked and there was discussion of how to handle naturally forested areas that produce a large amount of phosphorous. Kremen asked and there was discussion of when this data was collected and of County and City projects already done in these areas to reduce phosphorous levels. Hood stated those projects count toward achieving the 86.5 percent reduced levels. Of the land within the city limits, 70 percent is developed, but the entire watershed is developed 30 percent. Brenner asked and there was discussion of a project in the Wildwood area. Hood continued the presentation on the Silver Beach and Northshore areas. It will take multiple decades to accomplish this job. The first five years will be to lay out the plan. The County, not the Department of Ecology (Ecology), will define the timeline for meeting Natural Resources Committee, 3/26/2013, Page 2 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 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 the requirements. One plan will be to get things done in 50 years. A second plan will be to determine how long it will take to get things done given existing resources. Brenner asked and there was discussion of Ecology creating a system of incentives for homeowners to do retrofits. Hood concluded the presentation on the timeline for continuous improvements. He admits that the modeling answer is almost certainly wrong. The answer is close to being right, but he can't say if they're over or under. The biggest difficulty of getting the EPA to approve the TMDL is finding a margin of safety in case they are under. He's trying to find a way to do that in a way that doesn't dramatically change the targets. Crawford asked and there was discussion of whether phosphorous is bad on its own, and if they would care about phosphorous at all if it didn't cause algae blooms, given that it occurs naturally. He asked and there was discussion of whether they can neutralize the effect of phosphorous on algae, such as pumping in cooler water to prevent stratification, which may cost much less than retrofitting. Consider investigating engineered solutions or other alternatives to this solution, which will cost hundreds of millions of dollars. Knutzen asked and there was discussion of whether modeling was done when Georgia Pacific was moving water through the lake, which seemed to happen at a time when there was less algae in the lake. Weimer stated public comments on the TMDL go to Mr. Hood at Ecology. Brenner stated she supports the use of aerators. Weimer stated County staff can look into alternative ideas and options. Hood stated they are going to reevaluate and take advantage of new information every ten years. They can spend the next few years reviewing alternatives and then revise the targets. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 11:01 a.m. ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Please contact the Council Office to obtain an official, signed copy: 360- 676 -6690 or council &o.w hatcom .wa.us Natural Resources Committee, 3/26/2013, Page 3