HomeMy WebLinkAboutNatural Resources November 24 20091
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WHATCOM COUNTY COUNCIL
Natural Resources Committee
November 24, 2009
Committee Chair Carl Weimer called the meeting to order at 9:10 a.m. in the Council
Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Carl Weimer, Seth Fleetwood and Bob Kelly.
Absent: None.
Also Present: Sam Crawford and Laurie Caskey- Schreiber.
COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL
1. RESOLUTION APPROVING RECOMMENDATIONS ON APPLICATIONS FOR
OPEN SPACE CURRENT USE ASSESSMENTS (AB2009 -452)
Erin Osborn, Planning and Development Services Department, submitted and read
from a presentation (on file) and gave a staff report.
Fleetwood moved to recommend approval to the full Council, as recommended by
staff, including the original application for the Hanson (Maier) application.
Discussion included buffer issues regarding the Prestlien application; whether they
can do forestry activities within the buffer; whether they would include the buffer in the
Hansen application to be consistent with the Prestlien application;
The motion carried by the following vote:
Ayes: Weimer, Fleetwood and Kelly (3)
Nays: None (0)
SPECIAL PRESENTATION
1. PRESENTATION BY BP CHERRY POINT REFINERY REGARDING THE CHERRY
POINT AQUATIC RESERVE (AB2009 -017)
Weimer stated British Petroleum (BP) has concerns about proposed changes for the
aquatic reserve program. The State Department of Natural Resources (DNR) will present
information on the program.
DNR overview of Cherry Point Reserve Program
David Roberts, DNR Aquatic Lands Assistant Manager, gave an introduction.
Dave Palazzi, DNR, submitted and read from a presentation (on file). Cherry Point is
unique habitat because of spawning herring and other species. He read from the Cherry
Point Management Area portion of the Shoreline Management Program (on file). The goals
of the two programs are similar. This plan establishes partnerships with other agencies and
tribes. The plan also establishes guidelines for their tenants for existing and future leases.
Natural Resources Committee, 11/24/2009, Page 1
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Discussion included how the first six aquatic reserves were established, the definition
of an aquatic reserve; the research and science behind protecting the herring; how the DNR
can include uplands when it doesn't have jurisdiction, and; whether anyone has identified
the exact cause for the herring decline.
BP presentation on their view and concerns with the reserve program
Bill Kidd, BP Senior Government Affairs director, submitted and read from handouts
(on file).
Discussion included how the six DNR aquatic reserves were originally designated;
existing uses that would conflict with the reserve; creating potential litigation from third
parties if DNR leases land to companies in conflict with land management; how this
regulatory process is different from other existing regulations; the status of the process; the
national issue of protecting the environment versus conducting business and property
rights; needing a strategy to manage this resource and establishing this planning effort;
whether this action provides more regulatory oversight; DNR being proprietary versus
regulatory, and stormwater requirements.
The following people spoke:
• Barry Wenger, State Department of Ecology, stated he was part of the
original group that began to study the herring. This effort is not regulatory.
The Washington Administrative Code (WAC) language is problematic, and
they could make it clearer. This would create a mechanism to bring money
in to coordinate the agencies and efforts to do necessary research. Science
is indicating that the threat to herring isn't from the companies. They need a
permanent coordinating body and funds for research. This is a good plan. It
brings together all the parties.
• Roland Middleton, Public Works Department, stated Whatcom County's role is
to put this through the coordinated water resource integration project
(CWRIP) database. There are upland and low- impact development
regulations. They no longer call it an aquatic reserve because of the danger
of the WAC. He hopes people continue to work together as a work group for
this area. The County is moving forward with what it can. The County will
review the State Environmental Policy Act (SEPA) environmental impact
statement (EIS) when it is available.
• Fred Felleman, Friends of the San ]uans, stated they shouldn't prejudge this
decision because they haven't seen the plan yet. Reserve judgments until
they have the information. They need money to do the studies.
Environmental controls are being delayed for years. BP is good at keeping
progress from occurring. Don't delay.
• Marie Hitchman, 601 - 16th Street, Bellingham, Beach Watchers
Representative, stated the Cherry Point area is biologically rich. The herring
at Cherry Point is a late- spawning herring. There has been a large increase
in human population and large decrease in bottom fish. They want the
reserve because of the biological diversity that affects the entire food chain.
Preserve the area for the future. They need research money. The State
must have oversight on an issue like this because the County Council
composition changes often. Current leases have been renewed. DNR has to
deal with pending leases.
• Steve Irving, Audubon Representative, stated bird populations coincide with
spawning at Cherry Point. The biggest concentrations of birds in the state is
at Cherry Point. The decline in herring is dramatic. Support the DNR plan.
Natural Resources Committee, 11/24/2009, Page 2
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DNR heard from everyone. The process has been good. He looks forward to
the plan.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 11:01 a.m.
Please contact the Council Office to obtain an
official, signed copy:
360- 676 -6690 or council &o.w hatcom .wa.us
Dana Brown - Davis, Council Clerk
Carl Weimer, Committee Chair
Natural Resources Committee, 11/24/2009, Page 3