HomeMy WebLinkAboutNatural Resources January 11 20051
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Natural Resources Committee
January 11, 2005
Committee Chair Sharon Roy called the meeting to order at 9:30 a.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Seth Fleetwood None
Laurie Caskey- Schreiber
Also Present:
Dan McShane
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL=
COMPREHENSIVE PLAN
1. ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY
COMPREHENSIVE PLAN, CHAPTERS, MINERAL RESOURCE LANDS
(AB2004 -400)
Matt Aamot, Senior Planner, stated the Health Department proposed
language at the last committee meeting indicating that the local health department
delineates wellhead protection areas for class B areas, and that the fixed radius
model is the model used and can be challenged by a higher model. He submitted
the amendment proposed by the Health Department (on file).
Fleetwood moved to include the new language for section eight on Council
packet page 23 submitted by Mr. Aamot from the Health Department. "S. MRL
designations must not occur within the 10 -year zone of contribution for designated
wellhead protection areas as approved by the State Department of Health for Group
A systems, and by the Whatcom County Health Department for Group B systems, in
accordance with source control provisions of the regulations on water system
comprehensive planning. MRL designations may be modified if a wellhead
protection area delineated subsequent to MRL designation encompasses areas
within a designated MRL. If a fixed radii method is used to delineate a wellhead
protection area, the applicant may elect to more precisely delineate the wellhead
protection boundary using an analytical model; provided, that the delineated
boundary proposed by the applicant is prepared by a professional hydrogeologist;
and further provided, that the delineated boundary has been reviewed and
approved by the Washington State Department of Health for Group A systems, and
by the Whatcom County Health Department for Group B systems. The
hydrogeologist shall be selected by mutual agreement of the county, water
purveyor, and applicant; provided, if agreement cannot be reached the applicant
Natural Resources Committee, 1/11/2005, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
shall select a consultant from a list of no less than three qualified consultants
supplied by the county and water purveyor."
Roy stated this is the right option. She supports the motion.
Motion carried unanimously.
Caskey- Schreiber referenced Council packet page 24, item 12 of the
Additional Criteria for Designated Agricultural Areas. She liked the
recommendation from Mr. Ellingson in option (a) on page 3 of his memo (on file).
Roy stated she likes option (a) better than the other. The issue is prime
agricultural land. There may be designated agricultural land west of the freeway,
but it has never been farmed.
Aamot asked if this addresses rural designations.
Caskey- Schreiber stated it doesn't.
McShane stated the question is whether it has to have both a Comprehensive
Plan agricultural designation and have prime farmland soils to prohibit being
designated as a mineral resource land (MRL). The language as it is could be
either /or, but it should be both.
Caskey- Schreiber moved to replace item 12 on Council packet page 24
with, 'Prohibit MRL designations in areas designated agriculture in the Whatcom
County Comprehensive Plan and contain prime farmland soils as listed in Table 5,
Soil Survey of Whatcom County Area, Washington, U.S. Department of Agriculture
Soil Conservation Service. A. Goldin (1983)."
McShane stated that might be fine under the present agricultural
designations. He worries there will be some debate this next year about increasing
the designated agricultural areas. They may designate broad areas that may not
have prime soils, but could potentially mined.
can.
Roy stated that if they don't have prime soils, they won't meet this criterion.
Aamot stated they need to be clear to everyone what they mean.
Roy stated they need to save as much of the prime agricultural soils as they
Motion carried unanimously.
Caskey- Schreiber moved to add language from page 19 of Mr. Ellingson
memo to item 12. "This new criterion is a result of a public review and approval of
the comprehensive Construction Aggregate Study (CCAS) documenting the short
Natural Resources Committee, 1/11/2005, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
and long range availability of construction quality aggregate in Whatcom County.
This legislation is intended to disallow mineral resources extraction in all prime
farmland soils located within land designated for agricultural use. The legislation is
necessary due to an overriding need to prevent further loss of farmland, which is a
sustainable natural resource that provides a long -term economic benefit and
improves quality of life for Whatcom County and its citizens, as opposed to the
short -term benefit of mining. While the eventual depletion of mineral resources is
imminent, importation of mineral resources is preferable to jeopardizing the critical
land base that is necessary for a viable agricultural industry."
Aamot stated don't include "or zoned" as is in Mr. Ellingson's memo.
Roy stated this language reflects the intent and reality of the situation. This
is a finite resource. They are going to have to look at other options because this is
a finite resource.
Motion carried unanimously.
Caskey- Schreiber referenced item 11 on Council packet page 27. She asked
if the County is mandated by the Growth Management Act (GMA) to do this. Aamot
stated it is not. The County only has to update the Comprehensive Plan every
seven years. This was an idea to provide background information for that update.
The study at that time will look at depletion over time of the resource, changes in
usage rates, and changes in the availability of the resource.
Roy stated the only problem with studying the resource again is money. The
Council will have to discuss it at budget time.
Caskey- Schreiber asked how much money it would be to update that plan.
She asked if it will cost another $70,000.
Doug Goldthorp, Senior Planner - Geology, stated it will cost at least that
much.
McShane stated an update is not a bad idea. It's important that the
decision - makers are informed. Make policy decisions based on good information
about what aggregate is available. Otherwise, they may have to rely on an aged
report that may not be applicable. The Geo- Engineers report is a work in progress
as more information becomes available. If there is any shift to hard rock mining,
they may see information that they didn't look at carefully in the past. There is a
lot of aggregate gravel, so no one other than Trillium has looked at that hard rock
material. It's not a bad idea to have that item in the plan.
Caskey- Schreiber stated it's a lot of money for a change over five years. She
asked if they should change to ten years.
Natural Resources Committee, 1/11/2005, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Fleetwood stated they have to update the Comprehensive Plan every seven
years.
McShane referenced the background information from Mr. Ellingson on page
six of his memo. The language presents the rationale on the five- and ten -year
travel time. It may be appropriate language to add.
Caskey- Schreiber moved to approve changes to the next -to -last
paragraph in the background language preceding goal 81, as submitted by Mr.
Ellingson in his memo dated today. "As a natural result of geologic forces, iit is not
uncommon in Whatcom County to have excellent mineral deposits located under
prime farmland soils and above an aquifer recharge area. Mining in these areas
can substantially reduce the productive capacity of the soil and make the
underlying aquifer area more susceptible to contamination. Removing
the soil overburden eliminates the natural filtration system, exposing the aquifer to
direct contamination from turbidity, industrial spills, illegal dumping, and
agriculture products. Removing, stockpiling and spreading soil creates an
unacceptable risk of compromising the productive capacity of the most productive
and versatile farmland in the County. Another potential problem is that digging out
a side hill and /or through a clay barrier could tap the groundwater and suddenly
drain an aquifer. This creates a conflict between competing natural resource
industries; agriculture and mining. While agriculture is a sustainable industry,
mining is an industry that relies on a fixed, nonrenewable resource. Mining On t
aFeas can make the aFea ME)Fe susceptible ... have a positive effect en wateF quality."
Motion carried unanimously.
McShane referenced the suggested policy from Mr. Ellingson to policy 8P -6.
The committee should add that language. Also add language to work with the Port
of Bellingham. Given that the results of the Geo- Engineers study, the desire to
protect water resource, and the desire to stay out of prime agricultural land, they
should really think about importing aggregate into the county and make sure they
have the facilities to do that. Work with the Port to ensure that can occur,
especially in the waterfront area.
Caskey- Schreiber moved to add a new policy 8P -6 as suggested by Mr.
Ellingson, and amended. "813-6: Conduct studies on the feasibility of importation of
mineral resources into Whatcom County. If determined to be feasible, begin
development of land use plans to facilitate the timely importation of mineral
resources necessary to provide County citizens with adequate mineral resources at
reasonable prices." Looking at the availability of importation can go hand -in -hand
with the inventory study. Include an assessment of the need overall, and go to the
highest users of material in the county.
Fleetwood asked the connection between the first and second sentences.
Natural Resources Committee, 1/11/2005, Page 4
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Caskey- Schreiber stated they have to have a landing, or staging, area for a
stockpile.
Fleetwood suggested a friendly amendment that, if that's what it means, the
language is vague and should be clarified.
Roy suggested taking out the term "land use."
McShane stated they should encourage the City of Bellingham and Port of
Bellingham, when thinking about waterfront redevelopment, to allow facilities for
importation. He doesn't think the Port and City are thinking about it now.
Eliminate language on conducting studies for feasibility. The County may not have
jurisdiction and should remove language about conducting those studies. Market
forces will drive feasibility, but the County will play a role in permitting and
education of the City and Port. The material will be trucked in from farther and
farther away. The pressure to keep mining out of farmland will increase, and it will
get reversed. It will only get worse.
Caskey- Schreiber amended her motion to recommend approval to the
full Council, as amended, and with an amendment to policy 8P -6, "8P -6: Work with
the Port of Bellingham, City of Bellingham, or waterfront property owners to
facilitate the importation of mineral resources necessary to provide County citizens
with adequate mineral resources at reasonable prices."
Motion carried unanimously.
Aamot referenced approval criterion 7 on Council packet page 23. The word
°expanded" implies that a new mine could abut a residential zone. The language
should be, "MRL designations must not be within nor be expanded abut
developed..."
Caskey- Schreiber moved to amend approval criterion 7 on Council packet
page 23, "MRL designations must not be within nor be-expanded to abut
developed..."
Motion carried unanimously.
(Clerk's Note: End of tape one, side A.)
Aamot submitted and recommended that the committee add two findings, as
findings 10 and 11, and renumber the existing findings.
Fleetwood moved to add findings:
"10. The County Council's Natural Resources Committee met on November
23, 2004, December 7, 2004, and January 11, 2005 to consider the
subject amendment.
Natural Resources Committee, 1/11/2005, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
11. The County Council held a public hearing relating to the subject
amendment on January 25, 2005, after publishing notice of the hearing
in the Bellingham Herald."
Motion carried unanimously.
Aamot referenced Council packet page 8, the last sentence of the Process
section, "...2004 and 2005..."
Caskey- Schreiber moved to amend Council packet page 8, the last
sentence of the Process section, "...2004 and 2005..."
Motion to amend carried unanimously.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 10:25 a.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Sharon Roy, Committee Chair
Natural Resources Committee, 1/11/2005, Page 6