HomeMy WebLinkAboutNatural Resources June 5 20121
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WHATCOM COUNTY COUNCIL
Natural Resources Committee
June 5, 2012
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 (9:36:12 AM)
Present: Carl Weimer, Bill Knutzen and Sam Crawford.
Absent: None.
Also Present: Barbara Brenner, Pete Kremen, Kathy Kershner, and Ken Mann.
COMMITTEE DISCUSSION
1. DISCUSSION AND RECOMMENDATIONS TO STAFF REGARDING THE
PROPOSED BIRCH BAY WATERSHED ACTION PLAN (AB2012 -109C)
Peter Gill, Planning and Development Services Department, gave a staff report and
submitted and read from a presentation (on f/le).
Knutzen asked and there was discussion of:
• How much of Terrell Creek is under the Conservation Reserve Enhancement
Program (CREP) program.
• What they are doing with the mitigation fees from the unified fee schedule.
• What criteria are used to come up with the mitigation fees.
• The reason they are reviewing the mitigation fee.
Weimer asked and there was discussion of comments received about the pilot project
identifying sites appropriate for development and sites not appropriate for development and
whether low impact development actually encourages more development.
Brenner asked and there was discussion of:
• How much of the Terrell Creek corridor is in the CREP.
• Whether a needs assessment is part of the program.
• How many developable lots exist on Terrell Creek.
Knutzen asked and there was discussion of whether there is any exception for
agriculture.
Brenner asked and there was discussion of:
• Whether the pilot project considers the existing soils.
• What the incentive is for using low impact development when the critical
areas ordinance doesn't apply.
• Whether residents of the Birch Bay watershed have indicated they are going
to voluntarily use the program.
Knutzen asked and there was discussion of how the mitigation funds would be used
in receiving areas if the program is successful.
Natural Resources Committee, 6/5/2012, Page 1
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Gill continued the presentation and submitted a habitat impact checklist (on file).
Weimer asked and there was discussion about the State Department of Fish and
Wildlife (WDFW) concerns and whether the Department of Ecology (DOE) has concerns or is
happy with the proposal.
Brenner asked and there was discussion of whether this includes an amendment
regarding transfers or purchases of development rights (TDR and PDR).
Crawford asked and there was discussion of the purpose of this program. He asked
for real -life examples of how this program could be used by someone developing a lot, using
a variety of scenarios.
Kershner asked and there was discussion of comments received about:
• A fully- funded contingency plan.
• Whether a homeowner pays the fee once or on an ongoing basis.
The following people spoke and answered questions:
• George Boggs, Conservation District, discussed mitigating function from one
parcel to another, assessment improvements, where offsite mitigation is
appropriate, the CREP locations in the watershed, the economics of mitigation
banking. He supports mitigation banking.
Brenner asked and there was discussion of whether offsite mitigation is preferred in
more developed areas and the amount of land in the CREP in Terrell Creek.
Weimer asked and there was discussion of whether a landowner can opt out of the
CREP program at any point.
Brenner asked and there was discussion of getting information on the cost of
purchasing a mitigation area and the cost of management.
Kremen stated and there was discussion of
Wendy Harris stated she opposes the management plan and supports the
Birch Bay pilot study. She discussed the goals and intent of the pilot study, a
fully- funded contingency plan, amending the critical areas ordinance to allow
watershed -based planning, the in- lieu -of -fee mitigation method, protecting
and avoiding existing wetlands, and using the watershed characterization
analysis. As drafted, this program will be harmful.
Wendy Steffenson, ReSources, stated she has and submitted a draft of the
letter from WDFW (on file). Her concerns are with how the program reduces
buffers in sub - basins, the assessment methodology, and the section that
allows wetlands to be filled if they are category three or four in a section of
the code for buffer impacts, not wetland impacts. The Army Corps of
Engineers will engage in mitigation sequencing review. She read the draft
letter from WDFW.
Linda Twitchell, Building Industry Association of Whatcom County, stated her
members aren't lining up to use the program, but there is interest about the
fee program setting a pattern for future use throughout the county. A
concern is how wetlands are defined and determined.
Natural Resources Committee, 6/5/2012, Page 2
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Weimer stated he hopes staff will have a discussion with the WDFW to tweak the
ordinance. He would like another discussion that includes clear examples so they know how
this works. Get clarity on the real impacts along Terrell Creek. Move the mitigation fee into
the unified fee schedule. Clarify that the contingency plan is totally funded by the
applicants, not the taxpayers.
Brenner stated she wants to know the pros and cons of moving the fee into the
unified fee schedule.
Weimer stated consider Mr. Boggs' comments on how the assessment form can be
improved.
Crawford stated he's in favor of moving into the unified fee schedule. He would like
to see a comparison of this system versus the old system.
Brenner stated she would like diagrams of the examples.
Weimer stated the councilmembers would like more clarity.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 10:58 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@7.o.whatcorn.wa.us
Natural Resources Committee, 6/5/2012, Page 3