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HomeMy WebLinkAboutNatural Resources March 13 20121 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 WHATCOM COUNTY COUNCIL Natural Resources Committee March 13, 2012 CALL TO ORDER Committee Chair Carl Weimer called the meeting to order at 9:34 a.m. in the Council Chambers, 311 Grand Avenue, Bellingham, Washington. ROLL CALL (9:34:21 AM) Present: Carl Weimer, Bill Knutzen, and Sam Crawford. Absent: None. Also Present: Pete Kremen, Barbara Brenner, and Kathy Kershner. COMMITTEE DISCUSSION 1. DISCUSSION OF THE BIRCH BAY WATERSHED ACTION PLAN (AB2012 -109) Peter Gill, Planning and Development Services Department, gave a staff report. He referenced and read an email from Kathy Berg, Subcommittee Chair and thanked the subcommittee members who volunteered their time. He submitted and read a presentation (on file). They need a plan to deal with wetland impacts and protect habitat in the future. Brenner asked and there was discussion of: • Whether there is an incentive for people to use as many of the five low impact development (LID) options as possible. • Whether LID options will allow roads to be built with pervious pavers. Knutzen asked and there was discussion of whether anyone from the private sector was involved in deciding how each sub -basin should be managed. Crawford asked and there was discussion of the Birch Bay Water and Sewer District in certain areas. Knutzen asked and there was discussion of: • How this LID program would affect existing development. • Whether remodels require mitigation. Brenner asked and there was discussion of: • How they measure improvements from mitigation. • Who is responsible for monitoring improvements. Crawford asked and there was discussion of: • Whether mitigation negates the avoidance issue and if avoidance is still the first criteria. • What is different between current requirements and this program. Brenner asked and there was discussion of a reduced Birch Bay Watershed and Aquatic Resource Management (BBWARM) district fee. Natural Resources Committee, 3/13/2012, 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 Knutzen asked and there was discussion of whether agricultural uses will be able to reduce buffers through farm plans. Brenner asked and there was discussion of: • Encouraging retrofitting of existing properties. • Whether staff is optimistic that mitigation receiving sites will be available. Kremen asked if the mitigation receiving sites have to be in the BBWARM boundary. Gill concluded his presentation. (10:28:59 AM) Brenner asked and there was discussion of whether the technical experts believe that this program will make an improvement in development. Weimer asked and there was discussion of staff's timeline. He stated he would like the Planning Commission's recommended Code changes. Kershner asked and there was discussion of: • Allowing a homeowner to get rid of an LID feature after their development is done. • What happens if Birch Bay develops a central stormwater collection system in the future. • How long is a homeowner required to maintain LID features. • Whether property buyers must continue maintaining the original LID features. Weimer asked and there was discussion of how the County keeps track of whether property owners are maintaining their LID features. Knutzen asked and there was discussion of the Washington State Department of Fish and Wildlife (WDFW) request for information from the County. Brenner stated that low impact development features make properties more valuable. Weimer stated the Committee will begin discussing the Code changes at its next meeting. The following people spoke and answered questions: • George Boggs, Whatcom Conservation District, stated the District has been successful in helping people create riparian buffers. This program creates additional incentives to offer people for their buffers. The development community participated in developing the program. It's beneficial for the community. • Wendy Steffensen, ReSources Lead Scientist and Ad Hoc Stakeholder Committee Member, stated the end result is much be better than what exists now. There isn't sufficient accounting to ensure no net loss. They must do better than what they're doing now. She is most concerned about habitat connectivity and loss. Kershner asked and there was discussion about the ratio of the amount of mitigation area to the amount of an affected area. Natural Resources Committee, 3/13/2012, 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 Brenner asked if the County owns public properties in the watershed that can serve as mitigation receiving areas. • Analiese Burns, Northwest Ecological Services and Ad Hoc Stakeholder Committee Member, stated wetland and stream mitigation isn't working. Statewide, people are looking at a program to put mitigation in the hands of a longer term manager to consolidate mitigation away from development. Establishing a mitigation bank is costly, but can be done through the in -lieu- of -fee option. This program is for residential and commercial properties only. It's voluntary and incentive - based. The Code provides more clarity and flexibility. • Wendy Harris, Ad Hoc Stakeholder Committee Member, stated consider LID options and offsite mitigation separately. Stormwater mitigation and habitat conservation are different ecological functions. They must involve an agency with specific wildlife management expertise. The ecological value of a wetland or stream isn't commiserate with the ecological value of a fish habitat. Include recommendations from the pilot project, including amending buffer and stream regulations and updating the critical areas ordinance. • Greg Brown stated he's not hearing anything about the rights of the property owner. The whole point of this is to stop development in the outlying areas. No one would purchase this land and go through this hurdle. Weimer asked and there was discussion of whether conservation future funds or other funds could upfront the cost of mitigation areas. Crawford asked and there was discussion of whether all this information would be on a plat map. OTHER BUSINESS There was no other business. ADJOURN The meeting adjourned at 11:04 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.whatcom.wa.us Natural Resources Committee, 3/13/2012, Page 3