HomeMy WebLinkAboutNatural Resources November 5 20031
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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 5, 2003
The meeting was called to order at 9:30 a.m. by Committee Chair Sharon
Roy in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Seth Fleetwood None
Laurie Caskey- Schreiber
Also Present:
Dan McShane
Barbara Brenner
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL —
COMPREHENSIVE PLAN
1. ORDINANCE ADOPTING AMENDMENTS TO THE ENVIRONMENT
CHAPTER OF THE WHATCOM COUNTY COMPREHENSIVE PLAN
(CHAPTER 11) (AB2003 -075D)
Jeff Chalfant, Senior Planner, stated the primary purpose of review is to
comply with the seven -year update mandated by the Growth Management Act
(GMA). The amendments address three main points. The first point is compliance
with the GMA by incorporating references to best available science. Another item is
to address anadromous fish, but it was primarily addressed by the 2001 update.
Seven chapters of the Comprehensive Plan were updated to address endangered
species. They added references to best available science. This version
recommended by the Planning Commission includes sufficient references to best
available science.
The second point is internal consistency within the document, including
updates to make technical corrections, specifically to the geology sections. They
deleted duplicative policies.
The third point is to make references to other planning processes such as the
water resource inventory area (WRIA) process, salmon recovery, Lake Whatcom
watershed efforts, and other processes that have occurred since they last updated
the chapter.
Natural Resources Committee, 11/5/2003, 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 was a significant amendment to the marine section. Previous versions
lacked a marine component. Marine environments are key to ecosystems and
recovery efforts. They created a section at the end of the Natural Systems section
that focuses on marine systems and shellfish.
Roy referenced chapter page 11 -3, the environmental setting section. When
she read the last paragraph on the page, she felt like the part about the birds could
be stronger. There is an incredible wealth and diversity of bird life in Whatcom
County. Birding is tied to maintaining wetlands and near shore environments.
Chalfant stated the critical areas ordinance (CAO) addresses a list of bird species.
She asked why bufflehead and goldeneye ducks were singled out as
wintering here when many species winter here. She would like to add a few more
bird species to the list of birds that pass through the area during migration.
Chalfant stated her suggested language changes are appropriate.
Roy moved to add language to amend Chapter page 11 -3 at the last
paragraph, "...Additionally, scoters, snow geese, trumpeter swans, canvasbacks,
cormorants, grebes, loons, and other migrating waterfowl pass through every
spring and fall... Maintaining these unique resources will present a challenge is a
high priority for both present and future county residents. Whatcom County is
home to a distinct subspecies of the Great Blue Heron, which is the third largest
colony in the Puget Sound area. The wetlands, fields, streams, and nearshore
habitat in the county support many birds of special concern, such as the bald eagle
(ESA threatened), the pileated woodpecker (candidate for State threatened list),
and peregrine falcon (ESA monitored). The National Audubon Society has
designated Semiahmoo, Drayton Harbor, and Birch Bay as "important Bird Areas."
The president of the Audubon Society had a study showing areas high in bird
populations positively affect economic development.
Fleetwood offered a friendly amendment "Additionally, numerous bird
species including scoters, snow geese, trumpeter swans, canvasbacks..."
Roy accepted the friendly amendment.
Caskey- Schreiber asked if they should list salmon species. Chalfant stated
they could include a list of the salmon stocks.
McShane stated he could suggest a rationale for why they would have the
Environmental Setting section. Delete the whole section.
Caskey- Schreiber stated the language is important for assessing and
informing people of the wildlife and environment that exists now.
Roy stated the reason they're interested in protecting the environment is
because of the wildlife and these things. It's all related.
Natural Resources Committee, 11/5/2003, 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.
Motion carried unanimously.
McShane stated the reference to the lakes was not an issue here. It
happened in southern Puget Sound. He'll work on the language.
Fleetwood referenced chapter page 11 -6, goal 11B. There's no description of
what the excessive regulations are. He asked what they are. He asked why they
would have that goal if they can't identify them. Chalfant stated there are many
different regulations regarding environmental protection that often overlap. This
item speaks to integration and consolidation of regulations.
Fleetwood moved to amend goal 1113, "...regulations, in instances when
they are clearly identified, relating to the identification...."
Roy asked about natural resource integration. Chalfant stated it is an
element of the Watershed Management Plan. There is a program to address some
of these issues.
Roy stated she's not sure she's willing to concede the fact every regulation is
burdensome.
Fleetwood stated regulations aren't necessarily bad.
Motion carried unanimously.
Fleetwood referenced chapter page 11 -7, goal 11C. The Constitution
protects property rights. Goal 11C is already implicitly recognized by all.
Roy stated it seems that the environmental chapter is to deal with
environmental issues. Protection of property rights is addressed throughout the
regulations. They must have a balance. This language says that environmental
regulations are less important, which is not what she believes.
McShane suggested striking the word "private" in the title. In the middle of
the paragraph, include language "and the property rights of other property
owners." It's particularly true in shoreline situations.
Caskey- Schreiber moved to amend the section title on chapter page 11 -7,
"The Environment and mate Property Rights" and language in the middle of the
following paragraph, "...sustains us as a community and on the property rights of
other property owners."
Fleetwood stated the amendment to remove the word "private" is consistent
with the planning goal in the Growth Management Act, which refers just to property
rights.
Natural Resources Committee, 11/5/2003, 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.
Motion carried unanimously.
Fleetwood moved to amend the last sentence in the paragraph above goal
11C on chapter page 11 -7, 'Nevertheless the right of the individual to use his or
her property, within the bounds permitted by law, is a value supported by law and
community...." It gives the reality that sometimes they can impose regulation for
the public good at the expense of private property.
Motion carried unanimously.
McShane referenced policy 11C -3 on chapter page 11 -7 suggested they
strike the word "balanced."
Caskey- Schreiber moved to amend policy 11C -3 on chapter page 11 -7,
"Emphasize an balaneed approach...."
Roy supported the motion. "Balanced" is an extremely loaded word.
Motion carried unanimously.
Fleetwood stated there is a perpetual reference to compensation for
property owners that leads to the false impression that there must be
compensation every time a regulation is imposed. However, it only applies when
there is a defined legal taking. The problem is with the impression that there is
always a right to compensation when a regulation is imposed. They are not
obligated to compensate people every time there's an affect on property. He
moved to amend policy 11C -3, "...to compensate assist affected property owners in
the event...."
McShane stated the purpose of the policy is to use other mechanisms beside
regulation to accomplish goals. Currently, the CAO has non - regulatory approaches
to protect fish habitat that are working so far. Other counties have taken a more
regulatory approach. Make sure they're not changing the overall policy, which is
good.
Roy stated they want to encourage all of these things. They want to work
with people. They don't want policy to contradict it.
McShane stated accomplishing an environmental goal, such as a land
purchase, doesn't necessarily require any regulations. He senses that is what this
policy is all about. It somehow got tied up with compensation for regulations.
They want to say an approach to environmental protection is to have mechanisms
that are not regulation.
Roy stated they should find a way to word this so they are encouraging these
kinds of programs. They don't have to regulate everyone. She's comfortable with
the motion.
Natural Resources Committee, 11/5/2003, 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.
Motion carried unanimously.
McShane stated the purpose of this section is about the environment and
property rights. The policy is to soften regulations. The goal should be to use
other tools besides regulations. Maybe they should drop the word "regulation" and
use "environmental protection" so they don't have to have regulations.
Roy moved to amend policy 11C -3, "Emphasis an approach to
environmental Fegulatien protection by encouraging the use of conservation
easements...."
Motion carried unanimously.
McShane referenced the bottom of chapter page 11 -9, and suggested an
amendment, "The deeply weathered nature of the rocks forming Mt. Baker may
also fail
triggering a mudflow that would travel rapidly down the stream channels ringing
the volcano and result in damage similar to that from a volcanic eruption trigger."
Earthquakes could play a role, but it doesn't take an earthquake to trigger a
mudflow.
(Clerk's Note: End of tape one, side A.)
Caskey- Schreiber moved to amend the bottom of chapter page 11 -9, "The
deeply weathered nature of the rocks forming Mt. Baker may also fail as a Fes It &f
earthquakes. An eaFthquake trigger eould result in a mudflow that
would travel rapidly down the stream channels ringing the volcano and result in
damage similar to that from a volcanic eruption trigger. ".
Motion carried unanimously.
McShane suggested adding a sentence at the end of page 11 -9, "...and result
in damage similar to that from a volcanic eruption trigger. Mapping over the past
decade of other Cascade volcanoes has demonstrated massive mudflows extending
from the volcanoes to Puget Sound, from Mount Rainier and Glacier Peak."
Fleetwood moved to add a sentence at the end of page 11-9, "...and result
in damage similar to that from a volcanic eruption trigger. Mapping over the past
decade of other Cascade volcanoes has demonstrated massive mudflows extending
from the volcanoes to Puget Sound, from Mount Rainier and Glacier Peak."
Motion carried unanimously.
McShane suggested amending the last sentence of the earthquake section on
chapter page 11 -10, "If the shaking is strong enough or long enough..."
Natural Resources Committee, 11/5/2003, 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.
Roy moved to amend the last sentence of the earthquake section on
chapter page 11 -10, "If the shaking is strong enough or long enough, buildings
structures may collapse."
Fleetwood suggested a friendly amendment, of sufficient
duration"
Roy accepted the friendly amendment and restated the motion to amend
the last sentence of the earthquake section on chapter page 11 -10, "If the shaking
is strong enough or of sufficient duration, buildings structures may collapse."
Motion carried unanimously.
McShane suggested an amendment to chapter page 11 -11, Earthquakes, "A
major earthquake aleng the Gaseadia subduetien zene could significantly...." It is
one place, but the biggest earthquake in Washington State history took place near
Chelan.
Caskey- Schreiber asked if there is a fault line in Puget Sound.
McShane stated there are a number of fault lines, and they keep finding
more.
Roy moved to amend to chapter page 11 -11, Earthquakes, "A major
earthquake aleng the Gaseadia subduetien zene could significantly..."
Motion carried unanimously.
McShane stated there is nothing about volcanoes on chapter page 11 -11.
Add a section on volcanoes, "Volcanoes - a volcanic eruption or mudflow at Mount
Baker could potentially severely affect river flow on the Nooksack River or Baker
River and cause sever property damage near the volcanoes or along mudflow
routes."
Roy moved to amend chapter page 11 -11. Add a section on volcanoes,
"Volcanoes - a volcanic eruption or mudflow at Mount Baker could potentially
severely affect river flow on the Nooksack River or Baker River and cause sever
property damage near the volcanoes or along mudflow routes."
Motion carried unanimously.
McShane suggested an amendment goal 11D on the top of chapter page 11-
12, "conservation easements, growth planning, and other options...."
Caskey- Schreiber moved to amend goal 11D on the top of chapter page
11 -12, "conservation easements, growth planning, and other options...."
Natural Resources Committee, 11/5/2003, 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.
McShane stated they should consider this in light of understanding how
precarious the community of Glacier is. It is on top of a landslide that came off
Church Mountain. There are two coalescing alluvial fans, and it's downstream
immediately from Mt. Baker.
Roy asked if growth planning is a better term than zoning.
McShane stated it is. It is more encompassing.
Brenner asked if they are talking specifically about Glacier, not Kendall or
other areas.
McShane stated they could think about the Kendall area along the river, but
Kendall itself is at a high enough elevation and away from the river so it's not likely
to be a concern.
Brenner stated she'd like to see some growth in the Foothills area in the
long -term. She asked if Councilmember McShane is specifically speaking of just
Glacier.
Caskey- Schreiber asked about Deming.
McShane stated they should think about whether they want a lot of growth
occurring in Deming. The level of risk at Deming is not as high as in Glacier.
They've had discussion before on what is acceptable risk. Another place he was
thinking about was Acme.
Caskey- Schreiber asked if they should identify some of these at -risk areas.
McShane stated it follows later in the chapter.
Motion carried unanimously.
Brenner referenced chapter page 11 -14 in the background summary. She
thought Lake Whatcom provided half the water for the county. She asked if the
Nooksack River is another source that provides water to residents. The Nooksack
River, Lake Whatcom, and Lake Samish together provide water to almost two - thirds
of the county. Chalfant stated that's correct.
Roy moved to amend the Background Summary section on chapter page
11 -14, "...and Lake Samish provide water to about more than half the county...."
Motion carried unanimously.
Fleetwood referenced chapter page 11 -16, policy 11E -5. He's assuming the
WRIA process will result in strict limitation on all water in excess of the established
Natural Resources Committee, 11/5/2003, 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.
instream flow. He'd like there to be a bold statement that no balancing act will
result in the County going below established instream flow once the flows are set.
He moved to amend chapter page 11 -16, policy 11E -5, "...beneficial uses
commensurate with instream flows set by the State Department of Ecology."
Motion carried unanimously.
Fleetwood referenced policy 11E -7 on chapter page 11 -16. He asked if
they've already found long -term sustainable water supplies to meet the existing
and future demands for water in the county. He asked what that means. Chalfant
stated a number of new sources have been discussed over the years.
Roy asked if the County actively participates in these efforts. The language
sounds like the County is actively looking for other sources. Chalfant stated they
would want to explore other alternatives for bringing water into the county through
the watershed management process. There are some deep aquifers that don't have
connectivity to surface waters.
Caskey- Schreiber moved to amend language on policy 11E -7, "Support af�d
water resources and explore sustainable water supplies to meet...."
Fleetwood stated that suggestion is better. One of the fundamental
purposes of watershed management is to establish natural limitations on a basin -
by -basin basis for what they can and can't have. Use the water they've got. Don't
ship it in from elsewhere. He would prefer to strike the entire policy.
McShane stated he liked the suggestion, but wonders if it should be a
separate policy. There will be times when they will want to develop future water
sources, particularly deep groundwater aquifers. In all practical purposes, it will
apply to using things like the Columbia Valley aquifer.
Caskey- Schreiber stated she wanted to include language about exploring
viable options in the county, not fantasy options such as getting water from Baker
Lake.
Fleetwood stated this goal could be construed to allow that.
Caskey- Schreiber stated she agreed. They have no choice but to protect
what they have. Even if they tap into the deep aquifers, those aquifers feed the
rivers from which they draw water. There might not be immediate consequences,
but there will surely be long -term consequences to draining the aquifers. People
are just beginning to understand the connection between aquifers and surface
water. Everything is related.
Sylvia Goodwin, Planning Division Manager, stated she wouldn't want to
preclude Point Roberts from receiving a water supply from Vancouver and any
Natural Resources Committee, 11/5/2003, 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.
future potential arrangements for Blaine or Sumas, which might be involved in
similar arrangements.
Caskey- Schreiber withdrew her motion.
Fleetwood moved to amend policy 11E -7, "Support
in efforts to find and develop long terng sustainable water supplies to
meet existing and future demands for water in the county."
Caskey- Schreiber suggested a friendly amendment, "establish and
protect."
Fleetwood accepted the friendly amendment.
Roy restated the motion to amend policy 11E -7, "Support and actively
paFtiempa efforts to
sustainable water supplies to meet existing and future demands for water in the
county."
Motion carried unanimously.
Brenner stated referenced policies 11E -4, 11E -12, and 11F -2. They all
reference WRIA watershed management planning. She would like to just reference
watershed management planning in general. They may decide that other
watershed management planning is appropriate. Leave the option open.
Roy stated one rationale was to coordinate all existing policies, practices,
and programs. There was a conscious effort to include WRIA.
Caskey- Schreiber stated the language does not mandate WRIA, which is the
biggest effort to assess watershed management. For the money the County has
spent, they should include it.
Brenner stated policy 11E -2 should just say they will participate in watershed
management planning.
Fleetwood asked if WRIA is the only process right now for watershed
management planning. It's not likely to be repealed in the next five years.
McShane stated the question is whether the policy is that they will actively
participate in WRIA watershed planning, which is the current policy. He's not sure
they should bail out on that policy at this point in time. There are policies in the
chapter that are not related to WRIA, such as policy 11F -5.
Roy stated this would be held in committee for two weeks.
Natural Resources Committee, 11/5/2003, 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.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 10:55 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, 11/5/2003, Page 10