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HomeMy WebLinkAboutNatural Resources February 10 1998WHATCOM COUNTY COUNCIL Natural Resources Committee February 10, 1998 The meeting was called to order at 11 a.m. by Committee Chair Connie Hoag in the Council Committee Room, 311 Grand Avenue. Also Present: Absent: Tom Brown None Kathy Sutter COMMITTEE DISCUSSION AND RECOMMENDATIONS TO COUNCIL RESOLUTION REGARDING THE INTERIOR COLUMBIA BASIN ECOSYSTEM MANAGEMENT PROJECT (AB98 -045) Dick Holden, a member of the Whatcom County Cattlemen--s Association, 3988 Y Road, Bellingham, read a statement responding to President Clinton =s July 1993 direction to develop a scientifically sound ecosystem -based management strategy for lands administered by the Bureau of Land Management (BLM) for the Forest Service (FS) east of the Cascade Crest. He stated no law exists directing BLM or FS to make ecosystem protection the basis for land management. Congress has consistently rejected legislation to make ecosystem protection the law of the land. If this project is approved, it will be totally outside the jurisdiction of Congress. Ecosystem was defined (according to the authors of the project) as Aa complete interacting system of living organisms and the land and water that make up their environment, the home places of all living things including humans =. According to the Ecological Society of America, a dump pile and a whale carcass are ecosystems as much as a watershed or a lake. After more than half a century, ecologists and researchers studying ecosystems have developed little if any theories and have failed to build a science with significant predictive power. The former chief of the FS stated the ecosystem is Aincredibly nebulous =. Holden stated that after reviewing much material, he could not distinguish who would administer this project other than a committee, which was unknown. This project would cover 144 million acres; approximately 60 million acres are private land. Over 175 ecosystem maps have been drawn to demonstrate the proposed work, but no specific information or map is given. His association objects to lack of County jurisdiction; no local input would be allowed. Holden stated the goal of the project is to return the land to how it was in the 1850s. The question asked was why put the well being of nature before the well being of humans. Holden read from several letters from various counties and associations, as well as a resolution from Okanogan County. He requested a resolution in opposition to this project. points. Dawson suggested approval of this resolution. Brown requested clarification on several Buzz Strickland explained that an area is mapped, which includes the BLM land and any Natural Resources Minutes, 2/10/98, Page 1 private land within that mapped area. Holden stated that when an environmental problem arises which needs to be corrected, those involved with this project will be allowed to request assistance from the tribal leaders if the problem cannot be resolved. The plan is for 60% of the FS roads in the Columbia Basin to be closed. Mitch Friedman, NW Ecosystem Alliance, noted the complexity of involvement of the various agencies and the many meetings and briefings. Approximately $35 million has been spent on this project. He denied Congress has been locked out. He advised Council to deliberate and educate itself further on this proposal. There was further discussion. Jennifer Ferenstien, NW Ecosystem Alliance, reiterated the complexity of this issue and noted it was a new improvement on how things are examined on a broader scale. She offered to give a slide presentation. John Vandry, Forestry Service, stated he would be able to have someone from his office provide information. Sutter stated she would like more information. Claire Cdebaca stated the U.S. is trying to get an overview of what resources are left, which is part of a very large categorization process. Hoag suggested the issue be held in committee for more presentations. Dawson stated the issue was the support of local vs top down control. She would like to move forward with this resolution. Brown concurred. Brown moved to recommend approval of the resolution. Discussion followed. Essentially, more information needs to be obtained. Brown withdrew his motion and moved to recommend holding in committee until another meeting (to be announced). Committee directed Holden to meet with his contacts regarding a presentation date. Motion carried unanimously. OTHER BUSINESS DISCUSSION REGARDING THE FORMULATION OF A LOCAL PLAN TO ADDRESS THE ENDANGERED SPECIES ACT (AB98 -088) Dawson reported on the Endangered Species Act and the idea of state support for the egg planting project. Herman Almoj era, Nooksack Tribe vice chair, explained that with the proper funding the egg planting machine can address everything needing to be known about water quality. What he Natural Resources Minutes, 2/10/98, Page 2 has been attempting to accomplish is to try to get city councils and the County Council together with the Nooksack Tribe to work on a common goal regarding habitat and water quality. Questions followed on the number of carcasses and planting the Spring Chinook. Claire Cdebaca, the author of a report on the egg planting process, explained this process. Questions followed about revenue; the initial parameters affecting a run; annual plantings; hatchery eggs vs planting eggs; (Clerks Note: Tape 1, side B) the hatchery process; the decline of the Coho; and hatchery vs river fish eggs. Robert Andersen, land use consultant, explained the need to coordinate water quality data. Cdebaca responded by stating there is no intent to get into the riparian restoration project work, as there are agencies already working with this area; her group is inviting group cooperation and not duplication. Robin Dexter, Purse Seine Vessel Owners Association, wanted to know what provisions there are to track. Cdebaca responded. Dexter stated the habitat efforts must keep pace with this program. Sutter moved to recommend to forward this to the Council of Governments (COG) for its examination and recommendation to Council for its appropriateness and, if appropriate, the best way to proceed. This would be in the form of a letter to COG of support of this project. There was discussion on the motion. Brown requested a river marker for location reference. Motion carried unanimously. Dawson inquired about including her six points in that letter to COG. It was decided to address those points at the next Natural Resources Committee (March 10) to go along with the letter. 2. DISCUSSION REGARDING CLOSURE RESPONSE STRATEGY AND CREATION OF A SHELLFISH PROTECTION DISTRICT AT PORTAGE BAY (AB98 -046) Hoag inquired the origin of the ordinance and the notes (packet pages 170 -173). No one present seemed to know. Natural Resources Minutes, 2/10/98, Page 3 Regina Delahunt, Health and Human Services, Environmental Health, stated she drafted an ordinance and revised Whatcom County Code (WCC) 16.20 to include Drayton Harbor and Portage Bay. She distributed those handouts (four on file). Jeff Griffin, Planning and Development Services, stated that RCW 90.72 requires the legislative authority to adopt a strategy, which would be a companion ordinance that would set out the district, which helps implement the strategy. He pointed out state law exempts Open Space timber or native forestry properties, as well as dairy farms with a NPDES permit, from any taxation system. George Boggs, Whatcom Conservation District Manager, stated he investigated the question of whether there is an umbrella for all the farms operating subject to an NPDES permit. He explained his findings. According to the Department of Ecology (DOE), there are only three or four farms with this exemption. Dairies are not permitted and assessed fees for waste water discharge until they have been identified as dischargers of pollutants or significant contributors of pollutants. He explained the process of permitting and assessment. One of the objectives of this program is a very strong monitoring element. Griffin explained why ag is included in the boundaries when there is no ag present. He noted there are other sources of pollution. Sutter inquired if it would be more efficient in the use of available resources to concentrate on cleaning up the areas known to have the worst problem. She asked why not limit the boundaries now instead of later. Brown stated Nugent =s Corner and on down falls into this category and was committee =s recommended boundary. Septic systems and marine waters were mentioned. Griffin stated staff was unsure of the legalities of forming a district on the reservation. One section within the Nooksack Watershed is on the reservation, which is trust land. Delahunt pointed out one of the Health Department =s recommendations is to survey septic systems in the Marietta area. Nelson questioned Delahunt about measurements in the Bellingham Bay area. She replied that it is not thought that Bellingham Bay or the city is contributing to the problem at Portage Bay. Nelson inquired about the number of overlays of districts regarding requirements and funding mechanisms in the future and asked if there were a better way to accomplish all this. Hoag distributed a letter from the Lummi Indian Business Council (on file). She noted the Flood Control District Advisory Committee stated it did not want to deal with water quality issues at this time; rather, the priority is to concentrate on flooding on the Nooksack and other areas of the County. Committee =s opinion is to set up separate districts with the possibility of future consolidation. Brown spoke to his concerns regarding tax issues. Boggs addressed the issue of Nugent =s Corner as the boundary. He spoke to various funding programs. (Clerks Note: Tape 2, side A) The Critical Areas Ordinance (CAO) must be implemented by an inspector to ensure that hobby Natural Resources Minutes, 2/10/98, Page 4 farms are being scrutinized. By not excluding those above Nugent =s Corner, the inspector =s job will be much easier, as there will be funding for that position, and he can visit various farms in the area. Activities from other agencies will also be funded. Boggs stated no water quality testing was done above Nugent =s Corner. Bob Andersen, land use consultant, related an experience in the Flood Control District regarding the collection of funds in the non -fee lands. He mentioned the authority of a diking district on reservation lands. Jeff Monsen, Public Works Director, stated in order to encumber the reservation required an Act of Congress. Andersen continued by stating that some contributing areas are not on the displayed map but on the reservation or in the Apoor circulation- areas around the Bay. He suggested an interlocal agreement with the tribe to expand the boundary. Andersen stated Gordon Scott, Land Development Manager, Lummi Indian Business Council, informed him they were going to try to find a way to contribute Lummi funds towards the diking district on some of their projects. Robin Dexter, Purse Seine Vessel Owners Association, commented about the proposed letter to COG regarding the egg planter and suggested the urgent need to have some coherent data protocols be included in that letter. Information needs to be shared in a coherent format. He suggested WWU be involved with the communication aspect. Griffin pointed out there are coordination efforts presently under way. Griffin further stated staff followed the Drayton Harbor boundaries. Coordination of Lynden and Everson must be accomplished if they are to be included in the boundary as part of the program. All of Lynden and approximately one -half of Everson is included in that boundary, along with a small portion of Ferndale. Chuck Benjamin, Health and Human Services Director, commented about the revised ordinance regarding Section 16.02.060, cities and special water districts. Before adoption of a new district, the County and a city must coordinate maps and the program. Reference was made to RCW 90.72, Shellfish Protection Districts (on file). Discussion followed regarding a draft ordinance. Attachment B (the program) is needed to amend Section 16.20. Exhibit A is the map. Hoag asked how this coordination of the determination of the boundary with the cities can take place. Sutter suggested this issue go before COG Executive Board the next day to generate discussion. Jim Miller, COG, questioned the timeframe of this issue. Hoag responded by stating committee wants to Ado this right= and as quickly as possible. Sutter inquired if Council can move forward to form the district and then turn it over to COG. Miller stated he will get the discussion going at tomorrow --s meeting with three out of the four jurisdictions. Boggs referred to RCW 90.72.040 regarding the establishment of boundaries of the district. Dan Gibson, Prosecuting Attorney =s Office, responded in answer to a question regarding talking to the cities before setting the boundaries or setting the boundaries before talking to the cities. He advised Council talk as soon as possible. Griffin pointed out both the map and the program must be Natural Resources Minutes, 2/10/98, Page 5 adopted. Discussion followed on the format of the amended ordinance and attachments. Sutter moved to recommend bringing this item forward to Council for introduction with the Exhibit A boundaries, adding Sections 16 and 17 and Marietta and the watershed as it appears on the map. There was further discussion. Ed Henken, Public Works, commented on Ferndale =s sewer boundaries. Brown moved to amend Sutter--s motion to include Ferndale =s sewer boundaries. Also to be included was Attachment B, the revised Section 16.20, and Attachment C, Closure Response Strategy. Motion carried unanimously. ADJOURN The meeting was adjourned at 1:10 p.m. NaDean Hanson, Recording Secretary ATTEST: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown - Davis, Council Clerk Connie Hoag, Council Member (PLEASE NOTE: ON FEBRUARY 18, 1998, THE WHATCOM COUNTYNATURAL RESOURCES COMMITTEE MEMBERS WILL TOUR HABITAT /PRIVATE CONFLICT AREAS. ALL COUNCIL MEMBERS ARE INVITED TO ACCOMPANY THE COMMITTEE ON THIS TOUR) Natural Resources Minutes, 2/10/98, Page 6