HomeMy WebLinkAboutNatural Resources November 9 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
November 9, 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:
None
COMMITTEE DISCUSSION
1. DISCUSSION REGARDING VARIOUS MARINE RESOURCES ISSUES
(AB2004 -025)
Bruce Roll, Assistant Director, stated the sunset dates for the Portage Bay
and Drayton Harbor shellfish protection districts are before the Council tonight.
Also, staff will provide the Council with information on districts' successes. He gave
a history of marine resources. There was no organized efforts until 1998 and 1999.
Now, they have the Portage Bay Shellfish Protection District, Drayton Harbor
Shellfish Protection District, and Marine Resources Committee (MRC). This is an
emerging environmental issue that is rapidly growing to preserve the shoreline
environment in Whatcom County. The MRC and districts provide good guidance to
the County as it develops regulations. He handed out an interdepartmental
agreement (on file). The Public Works Department, Health Department, and
Planning and Development Services Department are working closely to deal with
marine issues to deliver coordinated services. The agreement helps district
committees understand the County structure. It also commits departments to
opening the remaining closed shellfish harvesting areas by 2007.
He handed out and read from a Power Point presentation (on file). The
committees are growing rapidly. In 2005, they will work more with the Natural
Resources Committee to have presentations from each of the groups. He read a
presentation about the overview of marine issues. Since 1999, they targeted areas
that are potential sources. Through many efforts, they began a coordinated effort
to work on dairy, septic systems, municipal sewer failures, and stormwater. Blaine
began its own stormwater utility two or three years ago, without a requirement.
Erika Stroebel, Senior Planner, stated she would discuss other marine issues
from the presentation. A lot of the issues are being worked on through MRC and
the Water Resources Division. They are collecting data on the marine nearshore to
Natural Resources Committee, 11/9/2004, 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.
help make decisions on restoration and protection. They are looking at human built
structures, such as piers and docks. They are looking at the marine food web,
including forage fish.
Fleetwood asked what near shore is specifically. Stroebel stated it is the
beach area, from high tide to the lowest low tide mark.
Roy stated a structure to look at is the bulkheads. Stroebel stated it is.
They are also looking at habitat and natural processes and the shellfish beds.
They will look at how upland uses have effects on marine waters.
Rockfish is a bottom fish species of concern. There has been a significant
decline in last 25 years. They are long living fish that become more reproductively
successful when they get older. It takes a long time for them to recover from any
pressures. They are looking at their populations and habitat in Whatcom County.
Introduced species are invasive species that have an effect on native species.
They don't know what their interactions are at this point. Introduced species can
change the natural process of the marine system. They will look at those
introduced species as they move into Whatcom County.
Roll stated there have been recent accomplishments. Portage Bay is a large
area that has been reopened quickly, mostly due to good nutrient management
plans for dairy farms.
Roy asked about the slide in the testing results this year. Roll stated he
wanted to talk about standards first. Fecal coliform is a target indicator for
determining compliance with shellfish harvesting standards. Standards are used to
determine whether water is sanitary for human consumption, measured by the 90th
percentile collected from the geometric mean of samples taken over time. In the
case of shellfish, it is about 14 colony forming units (cfu). When they analyze
water over time, there is an inherent fluctuation in the results over time. Results
are transient. Over time, they will look at the average. They have had two to
three dry years, especially in the fall. This year was different. When they see
elevated numbers, they look at how the current year is different from other years.
Caskey- Schreiber stated manure spreading doesn't change with weather.
She asked if farmers can change their practices during a wet year. Roll stated it is
something to consider, but would be difficult to regulate. In Drayton Harbor, they
can regulate harvest based on precipitation level, which varies greatly in the basin.
They need to think about how to deal with these situations, such as using other
best management practices (BMP's), as they look at these elevated numbers.
The levels are billions to trillions per gram of feces. It doesn't take much of
an event to get elevated levels. However, the sampling frequency determines
whether a single event is the cause.
Natural Resources Committee, 11/9/2004, 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.
They have done well responding to elevated numbers. The community must
still refine the response strategy. They have made great progress following up on
storm events.
Cities along the Nooksack have done good job ensuring waste water is
treated to a level that ensures that fecal coliform isn't an issue. They are meeting
National Pollution Discharge and Elimination Standards (NPDES).
Caskey- Schreiber stated news report about fish in the Colorado River, and
the male fish have female traits due to too much estrogen in the water. She asked
if that is a problem in Whatcom County. Roll stated he has an article he will send
about that issue. It's an emerging issue. They should talk to the Health
Department about what it means for health. Now, that issue is not defined enough
to have a coordinated response.
Caskey- Schreiber stated she heard that the problem is from a chemical used
in soap that mimics estrogen. That chemical was banned in Europe and may be
banned in Canada.
Roy asked about farm plan implementations. There hasn't been inspections
in a years, since the Department of Agriculture took over. There is some feeling
that there is a relationship between no agriculture inspections last year and the
numbers getting worse a year ago. Roll stated inspection is an important piece
they need to have, and it's a reason they had been successful in the past. He can't
say it's a problem, but it's a good observation.
Fleetwood asked if the positive trend line is changing.
Roy stated it may be an over - reaction. She understands that the State
Department of Health is concerned that Portage Bay is headed for another closure.
Roll stated it's a concern, but the results last month looked good. One event
doesn't shape the result, but they get a lot of press. If they get low numbers for a
few months, then they will look at it as a unique event. However, if they continue
to see elevated numbers, they will look at a more pervasive problem.
Roy asked if the numbers have been elevated for months. Roll stated he
considers a ten -fold increase as significant. A level that is 14 one month and 10
the next isn't a huge drop. A cfu that goes from 150 to 15 is a significant drop.
Jeff Hegedus, Environmental Health Supervisor, stated that from a regulatory
standpoint, there are efforts being made. They investigated five homes for onsite
septic (OSS) failures. During one investigation, he found inappropriate dairy
management practices. That information went to the State Department of
Ecology's (DOE) agriculture inspector. Mechanisms for inspection are in place.
Natural Resources Committee, 11/9/2004, 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.
Roy stated the DOE has had trouble keeping inspectors. She knows people
are looking at problems, but she is discouraged about going from the kind of
previous oversight from the DOE to what they have now. The inspectors are
committed, but she's concerned that it could have an impact.
Caskey- Schreiber stated there is a manure ordinance in Whatcom County.
They could talk about making sure that the Planning Department has staff to do its
own enforcement. The County can take on inspections itself. The Council would
have to put it in the budget tonight. She asked if staff is currently looking at that
issue.
Jeff Chalfant, Senior Planner, stated they do have a staff person who has
recently been assigned to deal with manure management regulations.
Roll stated Drayton Harbor has had great success. They have opened a large
area, but have to be vigilant to keep it open and open the remaining areas. They
didn't have enough data to open the closed area. There are more sample sites that
are now helpful. The monitoring program needs to be supplemented to collect
samples more frequently.
Drayton Harbor is a good example of the community stepping forward.
There has also been a change in the culture of the community. In 1999, a lot of
the community meetings were very adversarial. The process evolved into a tighter
collaboration, including the marina, Blaine Public Works Department, Port of
Bellingham, community oyster farms, and community volunteers. These efforts
have been successful because of a supportive community rather than regulatory
efforts.
Roy stated that if they get a bad number, it stays with them for 30 samples.
The bad test result can't drop off. It can have quite an impact. The more samples
they take, the faster they cycle past the bad number. Roll stated at the same time,
it also helps the community understand the result of their actions on water quality.
The process of a fecal coliform test is $20 to $25 per sample. It also deals with
issues along tributaries that people must be aware of.
Sue Blake is working on a comprehensive monitoring strategy for the entire
basin. However there is $40,000 to $50,000 in the budget for just the marine
issues in the districts. They will need to begin to address other, more terrestrial
issues.
He continued to read the presentation on Drayton Harbor's recent
accomplishments. The MRC is now collaborating with shellfish districts, which they
didn't do in the past.
Stroebel stated a big MRC project is coordinating with the districts and
working on areas that the districts aren't working on. The MRC is gathering more
information on specific clams in Whatcom County and whether there are
Natural Resources Committee, 11/9/2004, 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.
opportunities for clam enhancement sites in important areas for recreational
harvesting.
She read the presentation on recent and current projects for other shellfish
areas. Many volunteers are from the community. There was a survey to gather
information on specific clam species in the area.
Caskey- Schreiber asked if the Parks Department will refill mutt mitt stations.
A problem is that they're always empty. Stroebel stated there is a collaboration of
people to work on the mutt mitt stations. People should call her if they see an
empty mutt mitt station.
Roll stated they have tried to get them maintained by the community. They
have been successful with that. He is interested to know if maintenance is not
happening in a specific area because they may need to get some new volunteers.
If an empty station is brought to staff's attention, staff will respond.
Stroebel stated staff is also updating educational material. The Stop, Stoop,
and Scoop brochure is being revised to apply to marine systems also.
She continued the presentation on recent and current projects in the marine
nearshore. They will try to determine how to create the best restoration and
protection plans for these areas. There is still a lot of discussion on this statewide.
Most of the focus has been on freshwater systems. They are working in the Cherry
Point reach to survey eelgrass and kelp beds. They will develop protocols for other
areas of the Whatcom County shorelines. Protocols are similar to the State
Department of Natural Resources' (DNR's) protocols. They are making sure the
critical areas ordinance and shoreline management plan consider the marine
nearshore areas.
She continued the presentation on recent and current rockfish projects. They
worked with local community members that have an interest in the marine
environment, including fishermen and divers. They used information to focus on
certain areas to collect data. They have done reconnaissance dives. The
information will provide indication of population and habitat.
She continued the presentation on recent and current projects on introduced
species. Many counties are dealing with infestations of Spartina, an invasive grass.
Spartina was found in British Columbia and Skagit County, but not yet Whatcom
County. They worked with Noxious Weed Control Board to get volunteers to
monitor Spartina. They will be able to target its removal at an early stage.
The varnish, or mahogany, clams are moving in from other Puget Sound
areas in high densities. They will document their migration into the area.
Natural Resources Committee, 11/9/2004, 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.
Fleetwood asked the difference between introduced and invasive species.
Stroebel stated invasive species are competing with or feed on native species.
Populations expand quickly. Introduced species don't have that same impact.
There are two types of eelgrass in Whatcom County, native and Japanese.
They identified areas with Japanese eelgrass and compared them with areas with
native eelgrass. They will have that information in the future if they ever need it.
Caskey- Schreiber asked about a snail. Stroebel stated the oyster drill snail is
an invasive species that preys upon introduced oysters. There are efforts to
reintroduce the native Olympia oyster. There are many different types of snails.
They are putting out pictures of the native species to inform the public. They are
asking the public to shuck the oysters on the beach rather than at home so they
don't spread invasive snails.
Roy asked if Whatcom County has plans to reintroduce native oysters.
Stroebel stated the only area in Whatcom County where Olympia oysters have been
found is in Portage Bay tribal shellfish areas. They will see if there are other areas
in the county it is appropriate to introduce the native oyster species.
Caskey- Schreiber asked about areas below the cliffs of Semiahmoo at Birch
Point. There are enormous clam shells. She asked if that is a native species.
(Clerk's Note: End of tape one, side A.)
Stroebel stated that is probably a horse clam or something like that. She
wouldn't know unless she sees it.
Roll stated the ordinance before the Council tonight would extend the sunset
dates for both shellfish districts. There is one change to the ordinance, in response
to the tribes' interest in participating on the districts committees. The change adds
one tribal interest position to each advisory committee.
An additional services request (ASR) in the budget deals with a resource
planner position that will monitor the special project needs of shellfish committees.
Look at and evaluate the interdepartmental agreement.
Roy asked about the one -to -one replacement of the facilitator position.
Advisory committee members are concerned that the position not be diluted. Roll
stated all three groups have exploded in the last five years. The same resource
should manage the three entities, so they don't duplicate efforts. The
memorandum of agreement among the departments addressed that and
demonstrates that the departments are committed to the issues. There was never
an intent to have a person to fit all their needs. There is a position moving forward
to provide support for all three committees. The MRC brings in grant monies. They
can supplement some of the cost, but not enough to hire its own position. The
Natural Resources Committee, 11/9/2004, 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.
duties of the position is stretched. Birch Bay is coming up. If the threatened status
changes, they will consider establishing another shellfish committee for Birch Bay.
Go forward cautiously in terms of the resources they have to apply. One person
will work on all three, and will be supported by all the departments.
Roy asked if there is resolution. Roll stated the agreement is an effective,
conservative approach.
Roy stated there have been fantastic results in the past due to the
commitment of committee leaders. Without enough support, those committees will
die out. There is so much personal volunteer effort going into the committees that
the County needs to provide some support. She asked if Dr. Roll is willing to
evaluate how it is working. Roll stated they evaluate it every year during the
budget process. There is no shortage of demand.
Roy stated the closures are for commercial areas. She asked if regulations
are the same for recreational areas. Roll stated it should be the same for both.
Roy asked if there would be a requirement for a committee for Birch Bay
because the area is all a recreational area, not a commercial area. Roll stated the
Council can establish an advisory committee at -will. He will look at the statute. He
doubts there is a difference between recreational and commercial areas.
Roy asked if the advisory committee would have to come to the Council to
levy taxes. Roll stated that is correct, but the county Council would levy the taxes.
Fleetwood stated there is a growing population and negative trends all over
Puget Sound. He asked if there is any big State or federal initiatives that will infuse
a major effort. Roll stated he doubts it. Whatcom County is a leader in a number
of environmental issues in the State. All the pieces are beginning to come
together, which gives them a better opportunity to vie for federal grants and
funding. However, he doesn't see any new initiatives coming forward.
Roy asked if the Army Corps of Engineers was charged several years ago
with cleaning up Puget Sound. Roll stated that regarding growth, he's very
concerned. They struggle with that amount of growth and having the resources to
deal with problems proactively. They don't want to get caught up in a growth spurt
that takes all their resources just to get permits out the door. Until they can find
proactive resources, they will try to stop the bleeding, but they won't make huge
progress.
Stroebel stated the Army Corps of Engineers and other State and local
groups were looking at a Puget Sound near shore inventory project. Unfortunately,
there is not a funding source. The Northwest Straits Initiative, which the MRC is
from, just finished its first five -year cycle. There was an evaluation at the end of
the five years. The evaluation was very positive. There are several
recommendations to help the program grow. Senator Patty Murray is planning to
Natural Resources Committee, 11/9/2004, 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.
take it to the federal government to have the initiative renewed. They hope to
receive funds for the initiative and the Northwest Straits Commission.
Caskey- Schreiber stated Mr. Rucklehouse is very dedicated.
Roy stated the County staff does a super job.
Roll stated there is a lot of staff working behind the scenes. It's a lot of work
to do. He's impressed they've gotten this far.
Roy stated the community has done an amazing job. She asked if tribes
have been involved all along with the Portage Bay district. Roll stated the tribes
have been involved intermittently, but now the change formally recognizes their
participation.
Roy stated the septic inventory in Drayton Harbor found 20 percent failure.
There has never been support to fix it, other than the loans. She's happy to see
they're working on that and will adopt the State standards. It will be more
consistent. Hegedus stated the loan program is no longer in effect. In 2005, the
Health Department will come to the Board of Health for more stringent
requirements on source reduction. It is a major initiative. There are many more
stringent requirements they can impose. In addition to requirements, they must do
education, monitoring, and enforcement. They have no funding for those things.
Investigating OSS is very time consuming. The new requirements will be the first
part of getting ahead on the complaint- driven system.
Roy asked if they will also ask for funding. Hegedus stated there is a strong
possibility of that.
Caskey- Schreiber asked about estrogen. Hegedus stated he agreed with Dr.
Roll about it being an emerging issue. Not only do they find hormones, but they
also find things like caffeine and synthetic chemicals, which are in the wastewater
stream. The primary, secondary, and tertiary treatment technologies are not
designed to treat those.
Fleetwood asked how the issue is just emerging. Hegedus stated bona fide
science is just now documenting this chemistry and its impacts, which are just now
coming forward.
Roy stated those things can't be removed from the drinking water. Those
things are also getting to people. Hegedus stated they are aware of it, but current
resources are going to known major issues.
Caskey- Schreiber asked if they may have to deal with it down the road. Roll
stated he would provide the latest information on the issue.
Natural Resources Committee, 11/9/2004, Page 8
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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.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 10:40 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, 11/9/2004, Page 9