HomeMy WebLinkAboutSurface Water Work Session July 28 2015Whatcom County Council
Special Surface Water Work Session
July 28, 2015
CALL TO ORDER
Council Chair Carl Weimer called the meeting to order at 10:30 a.m. in the Civic
Center Garden Level Conference Room, 322 Commercial Avenue, Bellingham, Washington.
ROLL CALL
Present: Barbara Brenner, Rud Browne, Barry Buchanan, Pete Kremen and Carl
Weimer
Absent: Satpal Sidhu and Ken Mann
SURFACE WATER WORK SESSION (AB2015 -024)
1. COORDINATED WATER SYSTEM PLAN UPDATE
Gary Stoyka, Public Works Department, stated the purpose of the plan, which hasn't
been updated since 2000, is to describe how public utilities are coordinated. The plan also
works with their water planning efforts. It will help them determine what the public water
system needs are going to be into the future. The next phase is to look at the needs of all
other water users, including agriculture, exempt wells, and industry. They also have a
ground water model that will determine the effects of groundwater pumping on stream flows
and other supplies.
He described recent efforts of the Water Utility Coordinating Committee (WUCC),
Planning Unit, and Joint Board. They have developed a fire flow and design standards work
group and a utility service review procedure working group through the WUCC. The Planning
Unit's new facilitator started in May and prepared a draft Path Forward document. An
instream flow committee and governance and funding committee have been formed through
the Planning Unit. The staff team and management team are discussing the future of the
Joint Board. The Joint Board is working on the groundwater modeling project. They have
funding for one year to 18 months.
Weimer asked the timeline for the Coordinated Water System Plan. Stoyka stated he
estimates it will be ready by this fall or early winter.
Brenner asked if the Joint Board will come to the Council for discussion and approval
of its items. Stoyka stated there are no contracts coming up. When there are, it will.
2. DISCUSSION WITH PLANNING UNIT
Ann Russell, Planning Unit Environmental Caucus Member, submitted and read from
a presentation and handout (on file). Several caucuses turned in their engagement
documentation. Natural resource policy integration needs to be a higher priority. A lot of
work is being done.
Surface Water Work Session, 7/28/2015, Page 1
1 Weimer asked about making policy recommendations about how well the agencies
2 are integrating without hearing back from the agencies about what they're doing. Russell
3 stated the Planning Unit doesn't know if any results will come from the letter they've sent,
4 but it is a starting point.
5
6 Weimer asked if these recommendations are based on how well it seems to the
7 public that integration efforts among the agencies are happening. Russell stated spending
8 Planning Unit time to answer the questions of how well they are integrating is a waste of a
9 multi - stakeholder process that is supposed to be reviewing things and making
10 recommendations for solutions to Council. There is a perception.
11
12 Weimer asked if it's a perception issue, transparency issue, or coordination issue.
13 Russell stated they'd like to find out the answer to that question.
14
15 She continued and concluded the presentation. The CWRP is a high level budget
16 summary document, not a plan like the County Comprehensive Plan. The CWRP is a concise
17 document to bring information together.
18
19 Weimer asked about coordination between the Lower Nooksack Strategy effort and
20 efforts of the Lummi Nation. He asked if there has been any request to the Lummi
21 representatives to attend the Planning Unit to describe their efforts. Russell stated there
22 hasn't been a direct request. They will review implementation as part of the Lower
23 Nooksack Strategy and Instream Flow Action Plan. She hopes the Planning Unit as a whole
24 will get more information.
25
26 Skip Richards, Planning Unit, stated they know two things in regards to making
27 findings and recommendations. First, these things, including integration, haven't been
28 completed. There is a lack of evidence of any integration. Second, there is evidence they
29 are reinventing the wheel with the 2007 comprehensive water resource plan, which should
30 have been updated, and the water action plan. Continuity of institutional memory and
31 effort has not been happening. They keep repeating efforts. These plans are not available
32 anywhere on the website. The letters to the agencies asked how far those programs went,
33 where they left off, and what the obstacles were.
34
35 Weimer asked if they've heard back from anyone who has received the letters. If
36 the Planning Unit isn't getting answers, the Council may need to send letters to these
37 groups. Stoyka stated they haven't heard back.
38
39 Brenner stated they are interested in a calculation of water quality and quantity on a
40 basin -by -basin basis. She would like summaries of each basin. Richards stated there is a
41 task to do that in the scope of work for the 2005 watershed management plan and task 4.2
42 of the Planning Unit's work plan. It would be a great management tool. There is no budget
43 for it.
44
45 Weimer stated he read Hillary Wilkinson's Path Forward document. The Planning
46 Unit hasn't discussed it yet. He asked if the Planning Unit will discuss it. Russell stated the
47 Planning Unit members have it and plan to discuss it.
48
49 (Unidentified speaker) stated they are working on putting it on the Planning Unit
50 agenda at some point.
51
52 Karen Brown, Planning Unit, stated there is a question of who sent the Path Forward
53 document to Council and why, without approval of the Planning Unit.
Surface Water Work Session, 7/28/2015, Page 2
Stoyka stated he forwarded it to Council after the last Planning Unit meeting.
Weimer stated he got it sooner than that.
Stoyka stated it's a draft document.
3. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT
IMPLEMENTATION UPDATE
Cathy Craver, Public Works Department, submitted and read from handouts (on file).
Annual reports are on the website.
Brenner asked if the Gardening Green program is like the Master Gardeners program
and if there is certification. They should do a certification program. Craver stated the
program is done through Washington State University (WSU), but there is no certification.
Brenner asked if the County provides funding for private stormwater facilities.
Craver stated it doesn't. Stormwater facilities are built by the subdivision developer. The
homeowner incentive program is a different program. This program makes sure engineered
facilities are up to speed.
Brenner asked if the County is required to inspect catch basins annually. Craver
stated they must be inspected every other year. Other facilities, such as vaults and swales
are inspected annually.
Brenner asked if there is potential discussion with Ecology to possibly require
inspections every third year. Craver stated there is a provision in the permit that allows the
County to decide on a longer timeframe if it has records that show that the catch basins and
facilities are passing their inspections. They have to have two years of records to make that
change.
Brenner asked if the County has a low impact development code. Craver stated the
permit describes specific enhanced low impact development (LID) requirements where they
have to make it the preferred choice. The permit wants the County to go further than the
stormwater manual in terms of LID.
Browne stated he supports creating a Gardening Green program that includes
certification. Citizens become more interested in the program and will engage in continuing
education and the education of others. He asked the conclusions of the inspections. Craver
stated in some areas the infrastructure is aging. Other areas, such as the Lake Whatcom
watershed, get more attention. Maintenance needs can encompass everything from a half -
inch crack in the grout to a complete failure of the system. They are developing a
prioritized maintenance system.
Browne stated he would like a summary of the results, the condition of the
infrastructure, and a system to track the names of the contractors who worked on failing
systems and successful systems so they can identify who does good work and who has a
disproportionate amount of failures. Craver stated they intend for this program to report on
those types of things.
Roland Middleton, Public Works Department, continued the presentation on the 2015
work program. For the upcoming budget, they must decide if they are going to ask for
Surface Water Work Session, 7/28/2015, Page 3
additional assistance for County crews or if it would be more efficient to create professional
services contracts for specific fixes. They are gathering that information now. They were
successful in doing what they said they would do 18 months ago, are close to being back on
track, and are proud of what they've accomplished. The Council will see additional service
requests for the upcoming budget for the Flood Control Zone District and road fund. They
are still evaluating what to ask for.
4. FLOODPLAINS BY DESIGN VISIONING PROCESS
Paula Cooper, Public Works Department, described the consortium. They recognize
that dedicated funding is necessary to deal with flood, fish, and farm issues. The County
has been successful in past funding requests. She referenced the handout from the
management team in the work session packet. Local visions will be compiled into a regional
division for the Puget Sound to describe the future vision and needs. They want something
from Whatcom County by the end of September. The County has a structure already
through the systemwide improvement framework (SWIF) and other reach management
structures.
For the Nooksack, they will use existing management structures and will develop a
draft document. For the lower Nooksack, the reaches identified in the Comprehensive Flood
Hazard Management Plan (CFHMP) have been rearranged to have one strategy according to
the Floodways by Design structure. They also drew from salmon recovery efforts and
agricultural issues. She presented the draft document to the Flood Control Zone District
Advisory Committee and the SWIF planning team for their feedback. There was general
support from the advisory committee and planning team. They will continue to review and
refine the document, which is a visioning document that doesn't commit the County to
anything. The program is looking for big projects that can have big floodplain impacts.
Brenner stated Ms. Cooper didn't mention dredging. Cooper stated sediment
management is a component, but they don't have those answers yet. This vision is a
snapshot of where they are and where they're headed.
Brenner stated incorporate information on dredging. Cooper stated all the tools in
the toolbox are included.
Brenner asked if this will go to the Planning Unit. Cooper stated they haven't worked
with the Planning Unit historically. She works with the Flood Control Zone District Advisory
Committee.
Brenner stated use the term "measurements" instead of "metrics."
Karen Brown, Planning Unit Member, stated funding for Whatcom County and
Floodplains by Design has been cut. Cooper stated the County withdrew its application
before they developed their final list for this round. There was some confusion with the
community regarding a project application from the Land Trust. They hope to get
something from the next round.
Weimer asked what is a critter pad. Cooper stated it is a location to move cows
when a flood comes.
Surface Water Work Session, 7/28/2015, Page 4
1 5. SWIFT CREEK UPDATE
2
3 Roland Middleton, Public Works Department, described the money included in the
4 Governor's budget for Swift Creek, and stated it was removed from the Senate budget. It is
5 now withdrawn from the State budget. The Department of Ecology will submit it for a
6 supplemental request this year. The County is still moving forward with the consent
7 agreement with the Department of Ecology and the cleanup action plan. The County will
8 put money toward it from the Flood Control Zone District budget to do dredging work. They
9 are working with the Canadian government also. A new study is being done with some of
10 the sediments and has found that the sediment is a carbon sink.
11
12 Kremen asked if Mr. Middleton has worked with Senator Erickson. Middleton stated
13 he worked with Senator Erickson, who made a commitment. He and Representative Buys
14 initially had some concerns. He spoke to them about the perception of this being a
15 boondoggle for the Department of Ecology and the reality of what the County has to
16 address. Whether or not one believes there is a health issue, there is a tremendous amount
17 of sediment coming down the mountain, which is regulated sediment. It is a problem for
18 the people who live in the area. It damages the agricultural uses in the area. They need to
19 address it. Whatcom County has managed this alone for a long time. Because the
20 Department of Ecology brought forward regulatory threats to Whatcom County, the County
21 worked in a negotiation with the Governor. The Department of Ecology agreed to let the
22 County manage it and said it would pay for it. The Environmental Protection Agency (EPA)
23 is doing its part to help with studies and other things. They're fulfilling their commitment
24 through the joint agency agreement from a couple of years ago. He thought they had it
25 figured out. Senator Erickson was a chair of the committee that voted on it, however he
26 didn't vote for it.
27
28 Brenner stated the problem is getting worse because of increased flooding and no
29 dredging. Middleton stated it is getting worse for all those reasons. They are behind in
30 their dredging effort. They will put forward a budget that includes a dredging effort. The
31 County has to figure out the minimum it can do because the State funds aren't available.
32 The Governor and Department of Ecology are committed to getting this back into the
33 budget. He has not received a phone call back from Senator Erickson.
34
35 Brenner asked if there is any liability to the County if it dredges the river. Middleton
36 stated there is not, as long as the County does it in accordance with the plan and with
37 keeping the material on the fan.
38
39 Brenner asked how it can be moved. Middleton stated it can be moved through the
40 cleanup action plan from the EPA and DOE.
41
42 6. UPDATE ON ACADEMY STORMWATER PROJECT
43
44 Kirk Christensen, Public Works Department, described the Academy Road
45 construction project. They hope to get about 84 percent effectiveness for the facility and to
46 complete it at the end of August. The area contributes about 48 pounds of phosphorous per
47 year, and they hope to remove 40 of those pounds. It will look like vegetation with a sandy
48 area. They are working with the City on maintenance.
49
50 Weimer asked if there is a discharge pipe into the lake. Christensen stated there is
51 an existing storm drain. They can do monitoring for the project for the next couple of
52 years. Right now, the County is handling the monitoring and the City will take care of the
53 maintenance.
Surface Water Work Session, 7/28/2015, Page 5
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They are also moving forward with other projects that have grant funding, including
Cedar Hills, Agate Heights, and the capital section of the Lake Whatcom stormwater plan,
which will dictate their projects for the next ten years.
Brenner asked how close these projects are to the projects they've already done.
Christensen stated the projects focused first on Geneva, then Silver Beach Creek, and now
they're working on Northshore. Next year, they will work on Cedar Hills and Euclid. Then
they will cross the lake and work in the Agate Heights area. They are focusing on the more
dense areas around the lake and are coordinating with the City.
Brenner stated she would like a map of the locations of all these projects.
ADJOURN
The meeting adjourned at 12:06 p.m.
Thq.,Council ,approved these minutes on December 8, 2015.
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Jill Nixon, Minutes Transcription
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
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Carl Weimer, Council Chair
Surface Water Work Session, 7/28/2015, Page 6