HomeMy WebLinkAboutNatural Resources July 27 20041
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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
July 27, 2004
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
1. PRESENTATION REGARDING THE DRAYTON HARBOR SHELLFISH
PROTECTION DISTRICT (AB2004 -278)
Geoff Menzies, Drayton Harbor Shellfish Protection District Advisory
Committee Chair, stated his presentation is the final component of a grant to do
special projects in Drayton Harbor. A grant of $15,000 went for these special
projects. The main focus is the supplemental marine water quality sampling. He
will also update the committee on the meeting with all stakeholders key to
complete restoration in Drayton Harbor. He presented a Power Point (on file)
regarding the involved partners, the purpose of the sampling project, and State
Department of Health (DOH) criteria for upgrade at the community oyster farm.
The extra sampling they did was designed to get more data to see if they met the
water quality standards. The Puget Sound restoration fund, DOH, and Whatcom
County collaborated to show contamination at the harbor entrance didn't affect
community oyster site. They showed through drift studies and dye studies that it
didn't impact station four, the site of the community oyster farm. They worked
with the City of Blaine to address known potential human sources and show they
aren't the problem. They did dye tests at Blaine to show sewage on Marine Drive
doesn't get into marine waters, and sewer in collection systems doesn't get into
storm drains.
Stations 8 and 15 exceed standards for shellfish harvest at the marina. Sites
4 and 6 are key commercial oyster growing sites. Sites 3 and 5 are deep water
sites in the harbor. Site 12 is on the south side of the spit. These are the stations
routinely monitored. He continued his presentation on the DOH stations in Drayton
Harbor regarding sampling frequency and conditions, standards for approved
shellfish growing waters, and the range of fecal coliform concentration in wet
versus dry weather.
Natural Resources Committee, 7/27/2004, 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.
There are four scenarios showing different fecal coliform levels. The best
scenario is dry weather conditions during a flood tide.
Fleetwood asked when prime harvest season is. Menzies stated any month
except May through August.
Menzies continued to state that the worst scenario is wet weather during an
ebb tide. A spike in the data set during these conditions, if they can't explain it
entirely, it would remain in the data set. They are working with the Conservation
District and State in the hope that data sampling set won't be included.
Another scenario is ebb tide following a rain event. Because of the rain
event, these data sets were excluded.
Caskey- Schreiber asked what the numbers reflect. Menzies stated they
reflect the fecal coliform concentration at each station.
Menzies continued his presentation and stated the last scenario is dry
weather during ebb tide. None of the sites meet the 90th percentile standard with
all data. If they exclude the November 20th event, three of five sites meet the
standard.
He asked the committee members to read the sanitary survey of Drayton
Harbor (on file). It summarizes the improvements made. It shows the current
classifications of Drayton Harbor. Harvest is conditionally approved in some areas.
A shoreline along the spit is now opened for shellfish harvesting, which provides
recreational opportunities. His presentation continued to explain what conditionally
approved classification means.
Roy asked who makes the call about closures during conditionally approved
classification. Menzies stated the City of Blaine reports rainfall to the State
Department of Health. If there is a heavy rainfall in a 24 hour period, the City
notifies the State Department of Health and the commercial farms, which stop
harvesting for five days. There is a system in place to do that.
Menzies finished his presentation on DOH recommendations, whether an
approved status is within reach, and how they get to an approved status. The
Puget Sound Restoration Fund has generated $300,000 to do the work they've
done in the last three years. Profits from the sale from the community oyster farm
will also contribute funding. It's time for the County to provide funding, especially
for a shellfish coordinator.
Fleetwood asked if there is a connection between the Puget Sound
Restoration fund and Puget Sound Action Team. Menzies stated there is not.
Fleetwood asked the potential for commercial success. Menzies stated
planning to look at cash flow analysis, build on partnerships they already have, and
Natural Resources Committee, 7/27/2004, 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.
to plant on three to five acres over each year. The intent is to use a combination of
funding sources to become economically viable. They want to make it the presence
it should be in Drayton Harbor. The intention is to continue to invest and become a
viable industry in Drayton Harbor. The concept is that once they have shown it is a
growing venture, funds from the commercial sector and sales will go back to
projects that support the watershed. It will be a high value crop in Whatcom
County.
Fleetwood asked if there is a reason to hope, given rising density around
Birch Bay. Menzies stated the urban growth area (UGA) wraps around Blaine.
Zoning is actually rural, one unit per five acres (R5A), not urban residential, four
units per acre (UR -4). Terry Galvin's intention in south Drayton Harbor is not to
have an area to develop, but use it for urban reserve and open space. There's no
hope if they wrap the whole harbor in urban density.
Another issue is the conversion and build -out of all the five -acre lots and
hobby farms, which are the biggest threat to water quality in Drayton Harbor. It
can be done if they plan with the respect for the natural resources they want to
protect. They can't have both.
Caskey- Schreiber asked if it's better to have the UR -4 density or a hobby
farm. Menzies stated it depends on the site. Don't assume UGA boundaries in
Blaine will be developed at four units per acre. As they approach 20 percent of
impervious surfaces, shellfish downgrades will occur. The level of impervious
surfaces in Blaine is 50 to 60 percent. If the whole watershed was like that, they
won't harvest oysters. He doesn't want to see hobby farms along the R5A area.
The City will recognize it is a good place for open space. They have tried to
purchase that property with grants. A commitment to protecting water quality and
resources will drive their effort.
Fleetwood asked for a summary of the report that outlined their success.
Menzies stated the City of Blaine sanitary sewer system is documented to not leak
into marine waters, storm drains with high bacteria levels in east Blaine don't
receive leaks from sewer lines. The Port surveyed all live - aboards and showed they
can handle their own waste. The County Health Department surveyed and fixed
the sewer system. The Conservation District has all dairy farms in the watershed
with a nutrient management plan. Now, they haven't addressed the hobby farms.
Another achievement was that the State agreed to include dry weather condition
data.
Roy stated it sounds like part of the work was proving to DOH that the
sources were not human. Another issue was figuring out how to keep the non-
human sources out of the water. Menzies referred to his presentation about the
DOH criteria for upgrade at the community oyster farm site. They met all the
criteria to show that human sources were not impacting the water. They're still wet
weather impaired. When they remove the soil buffer or saturate it with water, it
Natural Resources Committee, 7/27/2004, 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.
can't filter the fecal matter. When there is that loading to the harbor, DOH will shut
them down for five days.
Fleetwood asked if they ever found a problem from geese. Menzies stated
they did not. The committee is interested in launching a program to delineate
human versus livestock sources.
Menzies stated he would give an update on the stakeholder meeting
yesterday. They need to do a total maximum daily load (TMDL) study. There are
two full -time equivalent (FTE's) employees at the Conservation District that run out
of funding in June. They don't have time to work on hobby farms, only commercial
farms. Provide funding for someone at Conservation District to provide technical
support to hobby farms. The Conservation District recently identified fifty hobby
farms that would cause problems in wet weather conditions. Therefore, the critical
areas ordinance (CAO) is not working. Tighten up the CAO. Get prescriptive.
Right now, it is a complaint driven program.
Operation and maintenance (O &M) is the same thing. There are 30,000
septic systems in the county. There is a 20 percent failure rate seven years after
the survey. Have a routine O &M program in sensitive areas like this. The City of
Blaine wants to do projects to look at stormwater treatment in Drayton Harbor, to
be installed next summer.
Last, they need a dedicated source of funding to support the advisory
committee. The shellfish district allows them to assess property owners for
protecting their water quality. There is no proactive program to address the key
sources. Someone ought to work on that.
Roy asked for a summary of this presentation. Menzies stated all the work
they've done with the County has been through the Water Resources Division.
There are reports associated with each of these projects. They're all available on
the website. Because they're all volunteers, it's hard to pull it together in a nice
package, though he would like to do that.
Roy stated the main component of their success is Mr. Menzies, who
deserves a lot of credit for working with the City, agencies, and on finding funding
sources. They may not be here without his leadership.
Menzies stated many have been involved in their success. The question is
whether they can get to fully approved classification in a few years so people
countywide can go to Drayton Harbor to buy fresh oysters.
(Clerk's Note: End of tape one, side A.)
Caskey- Schreiber asked Mr. Menzies to comment on the Birch Bay
Community Plan (AB2004 -121). Menzies stated he has concerns about the
UGA. If they end up with that density in that size of a UGA, there should be
Natural Resources Committee, 7/27/2004, 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.
impervious surface restrictions. He has concerns. As a Planning Commissioner, he
deferred to the steering committee. His view is from water quality, and whether
the plan can protect shellfish. There was not a lot of consideration of that. As a
Planning Commissioner, he worked on getting in low impact development and
protection of wetland language. Once they reach the level of 20 percent of
impervious surfaces, they begin to see a loss of shellfish harvest opportunities. It's
difficult to get it back.
McShane stated Mr. Menzies raised the issue of assessment for the local
district, O &M and ongoing inspection of septic systems, and CAO enforcement and
implementation. Menzies stated they must also tighten the language in the CAO.
McShane stated that is coming forward soon. Mr. Menzies also mentioned
farm plans for hobby farms and community education /coordination. Menzies stated
they need more prescriptive measures for hobby farms. They already tried
education. The Conservation District found 50 hobby farms that they know have
problems, which shows the CAO isn't working. It's supposed to address animal
access to wetlands.
McShane stated that can be tied into the CAO update. The question is
paying for the technical and implementation work. Menzies stated the shellfish
protection district has authority to assess people in the watershed.
McShane asked if there are other areas.
Roy stated Mr. Menzies also asked the County to reinstate the shellfish
coordinator position.
Menzies stated they have no staff support. They've done a lot with a little bit
of money. They need staff support. They need to restore and maintain.
Bruce Roll, Water Resources Division Manager, stated they also need
monitoring long -term and project specific monitoring.
McShane stated he's not sure when DOH does monitoring. Menzies stated
DOH monitors every other month. That's all their mandated to do. Through the
winter, they monitor twice per month.
McShane asked if that is a short - coming. Roll stated it is. Similar successes
are happening in Portage Bay and with the Marine Resources Committee. Over the
last four or five years, they have had huge successes by these groups doing
projects. From the start, the County administration tried to staff these groups.
Now, the County Council needs to wrestle with the priorities of marine resources.
They are only escalating and growing. His biggest concern is if there are resources
in the priority areas. It requires an enormous amount of leg work to provide
support to these groups. Think in terms of all the groups working on these issues.
There is some need by all for staff support.
Natural Resources Committee, 7/27/2004, 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.
Caskey- Schreiber asked how an assessment fee works. Roll stated there are
many ways to work it. The best place to look for funding sources is in a report
from Parametrix done through the water resource inventory area (WRIA) process
that identified many sources. The Revised Code of Washington (RCW) recognizes
this area as being an area where they can levy a fee or a tax. Think about the
service areas they intend to provide services to.
Caskey- Schreiber stated she would like to discuss it in a future water
resources work session. There isn't any fat in the budget right now. They've
lobbied hard for funding. An assessment may be the way to go. Roll agreed.
Roy asked if the report has information on levying an assessment. Menzies
stated the shellfish protection district legislation describes how local governments
can raise funds.
Roy asked if the boundaries of the assessed area would be the same as the
district. Menzies stated it could be, or it could be smaller. The County is to
develop a budget for implementation of the program. They need to work on that.
He doesn't have any funding as chair, except from what they can get from grants,
to put his time into updating the plan. When they do a community health project,
they put staff support into it. It's the County's responsibility to come up with a
budget for the problem. Volunteers have worked for ten years. If they don't get a
dedicated source of funding soon, those volunteers will no longer be around. The
three pieces are the advisory committee, water resources division, and a non - profit
organization that works to get those projects done. Ultimately, they're talking
about a public health problem and whether they want to harvest native shellfish in
Drayton Harbor.
Roy stated the Portage Bay Shellfish Protection District Advisory Committee
feels the same way. They may be looking at a third district in Birch Bay. She
asked if they could set up a district without a closure. Menzies stated they could.
No one likes a new tax. Other jurisdictions charge an annual fee of $25 per parcel
to provide services. It might pay for someone who drives around and looks for
problems. That provides security that someone is watching what is happening.
Whatcom County hasn't made it a priority to have an O &M program, even when it
has problems. Having someone dedicated to doing that protects public health.
Roy asked she can work with Mr. Roll on extending the sunset date of the
district. Roll stated they could. Staff will prepare an ordinance. In September or
October, they will have a work session dedicated to marine issues.
Roy stated this is a high priority for all four councilmembers here today. Any
support would be appreciated. They need to follow through. Schedule marine
resources issues, specifically the Marine Resources Committee (MRC) for discussion
in a month or two.
Natural Resources Committee, 7/27/2004, Page 6
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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.
Erika Stroebel, Senior Planner, stated the MRC is interested in making a
presentation in October.
2. DISCUSSION REGARDING FLOOD CONTROL ZONE DISTRICT
PRIORITIES AND THE SOUTH FORK (AB2004 -279)
Paula Cooper, River and Flood Division Manager, stated the Flood Control
Zone District Advisory Committee and others prioritized the lower required staff
time. One is the Potter Road bridge replacement, and another is the Acme Saxon
logjam riprap removal. Other questions come up at the flood district about
potential opportunities. Without a tool to evaluate the opportunities, they don't
know if they will work in terms of flood hazard reduction.
Regarding Potter Road, there has been issue with the hydraulic analysis.
The consultant is redoing some of it. It's not clear if that work will be usable for
the purposes they need to design a new bridge project that won't increase flooding
problems and possibly even look at opportunities to reduce flooding problems.
Potter Road is closed to all vehicular access to a large community.
The Acme Saxon project requires detailed hydraulic and geomorphic analysis
to ensure the project doesn't increase risk to local property owners. That risk
analysis hasn't' been done to an acceptable level. The River and Flood Division has
only reviewed the work, to date, but it has consumed a lot of staff time. She had
an idea for the River and Flood Division to take more of a lead role, in terms of the
hydraulic analysis. They can develop a hydraulic model of the south fork Nooksack
River that would be useful to all their future needs. If they manage the work, they
can ensure that they are happy with it. It will provide some comfort to the
community. They are balancing the priority of the lower Nooksack versus the south
fork.
Caskey- Schreiber asked if the question today is if it's okay for the advisory
committee to be involved with the Lummi Nation or with staff on these projects.
Cooper stated the Lummi Nation and Road Division are both proposing projects that
require hydraulic analysis. The Lummi project needs geomorphic analysis as well.
She proposes to take a more active role in leading a hydraulic modeling effort. The
Lummi Nation can contribute funding toward how the logjam impacts the river.
Because analysis was lacking regarding Potter Road, there is a lack of confidence in
the project.
Caskey- Schreiber asked the expectation for the advisory committee
members. Cooper stated it is not about the members. It is for the district to select
a consultant to get started on the hydraulic model development for the south fork.
Roy asked the budget implications. Cooper stated they would have to
budget more money for next year's budget.
Natural Resources Committee, 7/27/2004, Page 7
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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.
Roy asked if the request is for conceptual approval of the project. Cooper
stated that is correct. The request is whether the Council supports diverting
resources to work on the south fork.
Roy asked if an analysis was done, but doesn't meet their needs. Cooper
stated a model was done, but there were significant concerns that the model is not
right.
Roy stated they might have to look at this model further. Cooper stated
they will. They will have to expand it to look at a broader geographic area to
answer some questions about areas upriver.
McShane stated the model was produced for the Potter Road project, which
is a road project, not a flood project. Staff and the Lummi Nation had concerns
about the model in terms of flooding. Staff prefers an unsteady flow model. The
option is to divert funds from some of the goals for next year, or to add a new
contract for hiring a consultant to create a model. Cooper stated she wouldn't do it
in- house. They would have a consultant.
McShane asked if the idea is to add funding for a model, and not take any
funds away from other projects. Cooper stated it will be close to even. It will take
additional money to develop this. It's something they'll have to do anyway. She
put money for the south fork model in the budget in previous years, but they have
focused energies on the lower Nooksack River instead.
McShane asked the rough estimate of the cost. Cooper stated she guessed
the cost would be $100,000 to $200,000.
Bruce Roll, Water Resources Division Manager, stated that area is a priority
for salmon recovery groups in the county.
McShane asked if this model may play a role in getting grant funding for
other projects. Roll stated the Tribes and others are very engaged in doing
recovery projects.
Cooper stated that is a priority of the salmon recovery people, not
necessarily the flood district.
Caskey- Schreiber stated the Council okayed a study recently by Canadians.
Cooper stated that was for Jones Creek, a tributary to the south fork. It only
looked at the alluvial fan area.
Caskey- Schreiber asked if the tribes look at the big picture. Cooper stated
they do from the perspective of salmon habitat, not flooding.
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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 the County needs this for residents of the area and
for road work. She asked where the money comes from. Cooper stated the money
comes from the flood control zone district funds.
Ron Bronsema, Countywide Flood Control Zone District Advisory Committee
Chair, stated it's unfortunate that the priorities have been set to work on the
analysis on the lower Nooksack River. They have worked on reach one, and are
ready to start on reach two. In the real world, the priorities don't always work out.
A lot of staff time was taken up by County Road Division and the Lummi Tribe for
projects in the south fork. The proposal for engineered logjams and removal of a
rock wall are controversial. People are very upset. The Lummi Tribe backed off
because of the public outcry. Some people think the rock wall is protective, but
they don't have the science to prove that's true or untrue. Staff time is being
wasted anyway, so he supports a hydraulic analysis so they have the science. He
supports this reluctantly. Due to time constraints, this has not yet been before the
advisory committee. The general membership of the committee doesn't know
about it yet.
Roy asked the time constraints. She preferred to have the advisory
committee meet first. Cooper stated the Lummi Nation and Road Division have
projects that are delayed. They are close to construction. The Road Division has
issues with funding sources. The next advisory committee meeting is August 12.
Art Anderson, Countywide Flood Control Zone District Advisory Committee
Member, stated that in the past, the committee has put together a work plan on
which they build their budget. It seems like other things they don't plan for pop
up. Communication between the Lummi Tribe and advisory committee hasn't been
the best. Those numbers weren't in the work plan. Many of the advisory
committee members have been on the committee for many years. They make an
effort to tour the river. Staff is focused on other items, and the advisory committee
can't complete its work plan. It's disturbing when this issue wasn't noticed on
today's agenda. He asked if the advisory committee is a priority.
Roy stated the advisory committee is extremely important to the governing
system, and she wants to hear what it has to say before making a decision.
McShane stated there was a lot of talk at the last advisory committee
meeting about focusing on the main stem. He asked if Mr. Anderson thinks a shift
away from the main stem effort to get a broader plan for the south fork is
appropriate. Anderson stated in 1990, they sent a lot of water to Canada that
caused an international incident. They need to have that hydraulic model focus on
how much water they can send to Sumas and how much will go down the main
stem. Staff gets pulled in so many directions that they are unable to focus.
They're a great staff, but they are bounced around. They need clear, precise
leadership. They need more involvement from the Council.
Natural Resources Committee, 7/27/2004, Page 9
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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.
McShane stated he doesn't think those other projects are being thrown out
there by anything the County Council is doing. There is great deference on this
Council to the Flood Control Zone District Advisory Committee. Some folks have
made efforts to go around the committee, but it hasn't happened. The advisory
committee has done a good job. He needs to know if shifting resources to the
south fork is a good idea. Anderson stated he didn't see it coming. The Council
can shift resources if it has to. The committee can adapt. He would rather have
the County staff involved to make sure it's done right. There are questions he has
about whether it will work. He's heard from citizens in the Acme area about
removing the riprap. If rock is removed from one of the railroad columns, they'll
hear about it from the railroad company. They're not available to follow the work
plan.
(Clerk's Note: End of tape one, side 8.)
Anderson continued to state that they get a lot of money from the citizens
every year. He'd like to see the citizens get the best benefit. There will be another
flood at some point in the future. The County will hear from citizens about what
the County has done with the money.
Caskey- Schreiber asked Mr. Anderson if the budget can accommodate this
extra expense. Anderson stated something will have to go on hold. They'd also
have to divert staff time. It's not an operationally efficient way to work.
Caskey- Schreiber stated there is a difference of opinion on how they should
proceed. Therefore, it should go to Flood Control Zone District Advisory Committee
for discussion. She asked if there is any chance the advisory committee can meet
earlier so it can come to the Council in August.
McShane stated the direction from the Council would be to defer to the
decision of the Flood Control Zone District Advisory Committee. He asked if staff
need a decision now. Cooper stated they could wait if they need to.
Fleetwood stated he agreed with sending this to the advisory committee
first.
McShane suggested the Natural Resources Committee defer its view to the
advisory committee's decision.
The committee concurred.
Bronsema stated it's difficult to get a quorum of the advisory committee in
the summer, especially August.
McShane stated that if the advisory committee supports the south fork
hydraulic study, he will support it. If it doesn't, that will be okay with him as well.
There is some concern that the Council might lose site of some overall goals of the
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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.
advisory committee. He understands the frustration. If the advisory committee
may review the issue and decide they can't do it right now.
Bronsema stated the concern of advisory committee members is not the
money for the study, but the drain on staff time. Get a consultant out there to
work on it.
Roy stated the advisory committee will make a recommendation about the
priorities and this project. If the advisory committee approves, the Council will see
a budget item for a consultant.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 11:14 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, 7/27/2004, Page 11