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HomeMy WebLinkAboutPacket Aug 9 2016WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-244 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: KB July 28, 2016 RECE� Aug 9, 2015 Nat. Resources Comm Division Head: 0� % —16 , Dept. Head:I COUNCIL Prosecutor: Purchasing/Budget: Executive ��� TITLE OF DOC E . Whatcom County Agri ulture-Watershed Project ATTACHMENTS: Cover Memo, Project Summary SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This is an informational discussion on the outcomes of the County's Ag-Watershed Project, as authorized by Council through grant contract agreement between Whatcom County and the WA Department of Commerce for a planning -only land use grant for watershed protection and restoration. The Whatcom County Ag-Watershed Project is examining how a marketplace approach can strengthen agricultural endeavors while enhancing larger -scale watershed processes and functions. This 3 year research and development project is nearing completion, and the project team will provide an update and information on project status, outcomes and final draft work products. See the project website at: http://www.whatcomcounty.us/1146/Current-Initiatives COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.uslcouncil. I.E. "Sam" Ryan Director Memorandum TO: Honorable Whatcom County Councilmembers FROM: Karin Beringer - Planner 1? THROUGH: Mark Personius - Assistant Director, PDS awr DATE: July 29, 2016 SUBJECT: Agriculture -Watershed Project Briefing The Whatcom County Ag-Watershed Project has been examining how a marketplace approach can strengthen agricultural endeavors while enhancing larger -scale watershed processes and functions. This grant -funded 3 year research and development project is nearly complete, and the project team would like to provide an update and information on project status, outcomes and final draft work products. Key outcomes of the Ag-Watershed Project include development of planning, measurement, accounting and administrative tools that could be used in a functional, formal marketplace, such as the Natural Resources Marketplace which has been discussed locally. However, even without a functioning marketplace, these tools can be applied together or separately within ongoing local processes such as land use, watershed and agricultural planning. The Watershed Improvement Districts (WIDs) are now taking up the agriculture -watershed characterization and mapping results created through this project into their ongoing comprehensive planning processes. The WIDs are at different stages of planning, since some of them are newly established and will rely on this information to support the development of their first plan, while others already have comprehensive plans and are now updating those. The watershed metrics that were tested in the project are suited for local use, and the Ag Metric has been developed using local agricultural knowledge and expertise and is designed for local use in Whatcom County. The General Crediting Protocol v2.0 that was tested offers a robust, transparent and credible framework for securing the beneficial outcomes of investments in agricultural and watershed enhancements. However, the transaction costs associated with baseline assessment, ongoing monitoring and verification in a protocol such as this are not fully reflected in current business and budgeting processes, either those of Whatcom County or those of other potential participants. Whatcom County will be able to use the work produced from this project in many different ways. The work will be especially helpful when the County and Cities convene the multi - stakeholder workgroup to develop a workable TDR Program (new Comprehensive Plan Policy 2A-14). Many of the deliverables from the Ag-Watershed Project will have immediate 2 benefits to the workgroup including the Ag Metric, and the memos on an agricultural mitigation framework, and legal constraints. Both the Ag and Watershed metrics created and refined through this work may be helpful in future zoning decisions or designation changes. The "Drivers of Ag Land Conversion" memo provides a platform from which to review and revise the Ag Strategic Plan to best address agricultural land conversion. Through this project, the County has created a beneficial working relationship with the WIDs and is looking forward to continuing to work with them to address water resource management issues in the County. While this grant did not result in a fully operational Natural Resources Marketplace, the work products will be available in the continuing discussion around a Natural Resources Marketplace for Whatcom County and Washington State. Currently, King County is working on developing similar metrics for agriculture and watershed values. There is a lot of potential for future collaboration in this area. Please reference the included Project Summary document, and the project website at http://www.whatcomcounty.us/2260/Agricultural-Watershed-Pilot-Project for more information. 3 Project Summary (Preliminary Draft July 2016) Whatcom County A -Watershed Project Contents 1 Introduction.......................................................................................................................................... 1 2 Project Overview..................................................................................................................................2 2.1 Approach...................................................................................................................................... 2 2.2 Project scope................................................................................................................................ 3 2.3 Desired longer -term outcomes of the Ag-Watershed Project ..................................................... 3 2.4 Project management, review and outreach................................................................................. 4 3 Project work products and outcomes.................................................................................................. 6 3.1 Groundwork and strategy development: a marketplace approach ............................................. 6 3.2 Planning tools: agriculture -watershed characterization & mapping ........................................... 7 3.3 Measurement tools: connecting measurable outcomes to specific beneficial actions ............... 8 3.4 Administrative tools: Protocols for verification, tracking and oversight ................................... 10 3.5 Demonstration pilots.................................................................................................................. 12 3.6 Implementing a marketplace approach..................................................................................... 15 3.7 Application of selected project work products in ongoing processes ........................................ 17 4 In conclusion....................................................................................................................................... 19 5 Future directions................................................................................................................................ 19 Appendix A: Project Review Committee THIS PROJECT HAS BEEN FUNDED WHOLLY OR IN PART BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY UNDER PUGET SOUND ECOSYSTEM RESTORATION AND PROTECTION COOPERATIVE AGREEMENT GRANT PC-OOJ20101 WITH THE WASHINGTON DEPARTMENT OF ECOLOGY. THE CONTENTS OF THIS DOCUMENT DO NOT NECESSARILY REFLECT THE VIEWS AND POLICIES OF THE ENVIRONMENTAL PROTECTION AGENCY, NOR DOES MENTION OF TRADE NAMES OR COMMERCIAL PRODUCTS CONSTITUTE ENDORSEMENT OR RECOMMENDATION FOR USE. PROJECT PARTNERS 4ic..+Yasg(mi 1� Afit9i'di 1{i F1811 and CONSERVATION DISTRICT { LDLff'E CONSULTING PROJECT MANAGER FHB Consulting Services Inc. FWHATIOM df friends 0 1 INTRODUCTION The Ag-Watershed Project is a research and development project funded by a National Estuary Program Watershed Protection and Restoration Grant (June 2012 to June 2016) to Whatcom County Planning & Development Services, administered by the Washington Department of Commerce. Project Partners include: Whatcom Farm Friends —Community Education, Whatcom Conservation District and Washington State Department of Fish & Wildlife. Links to all project work products, including technical reports and reference documents, can be found at http://whatcomcounty.us/22 60/Agricultural-Watershed- Pilot-Project Agricultural operations and watershed features have long been key components of Whatcom County's distinct landscape. Both are critical for our community's economy and health. While it may seem that agriculture and watershed functions are at odds with one another after decades of regulations and planning, there are in fact many locations where protection of agricultural lands and enhancement of watershed functions can result in mutual benefits. The Whatcom County Agriculture -Watershed Pilot Project (the "Ag-Watershed Project") has been examining ways to reward the good things that farmers already do - those beneficial actions that go beyond existing regulation to maintain, enhance or protect large-scale watershed processes, while also strengthening agriculture in Whatcom County. The project has explored quantitative tools to help measure, recognize and account for voluntary actions that go above and beyond what is required by regulation, and that can generate benefits for agricultural and watershed functions. This is part of a larger effort within the project to examine how incentive -based approaches can work with current regulation to strengthen agricultural endeavors while also enhancing large-scale watershed processes. The project fact sheets provide a broad overview of the objectives of the project and the tools that were tested in the pilots: Fact sheet 1: Applying a Natural Resources Marketplace approach to achieve agricultural and watershed priorities. Fact sheet 2: Identifying opportunities to strengthen agriculture & watershed systems in Whatcom County. Fact sheet 3: Beneficial actions for agriculture & watersheds: Accounting tools and protocols. Fact sheet 4: Implementing and testing a Natural Resources Marketplace approach: Phase 2 Pilots in Whatcom County. Fact sheet 5: Planning, designing and implementing beneficial actions for agricultural and watershed enhancement. Ag-Watershed Project Summary — Preliminary Draft July 2016 1 5 2 PROJECT OVERVIEW 2.1 Approach The Ag-Watershed Project has focused on "learning by doing" in two small-scale pilot projects located within the pilot focus area (the North Lynden watersheds — Bertrand, Fishtrap and Kamm watersheds). In the overall approach for the project, we: • developed and applied an integrated and transparent planning process for finding situations where watershed More detailed information on the rationale and objectives for the Ag- Watershed Project is provided in the Program Strategy Report (2013). The most recent version of this report can be downloaded from htt s: sites.soo le.com/site/wcwaters hedag/documents enhancement and agricultural protection actions on the ground can be mutually supportive ("win -win" solutions), or at least can reflect acceptable tradeoffs between agricultural protection and watershed enhancement; • worked with landowners in the two pilot sites to design site -specific projects that demonstrate how watershed enhancement actions might complement and strengthen agricultural endeavors and how to seek acceptable tradeoffs when needed between agricultural protection and watershed enhancement; • explored a structured "marketplace approach" to implementation of such projects, incorporating the use of incentives and other market -based tools to encourage and reward voluntary actions that can achieve measurable outcomes towards both agricultural protection and watershed enhancement objectives; • tested and evaluated a set of measurement, accounting and administrative tools for quantifying, verifying, tracking and reporting over time of the agricultural and watershed benefits of specific voluntary actions taken at farm -scale or reach -scale, and • applied the planning and accounting tools in two ongoing local processes, viz. supporting comprehensive planning efforts by the Watershed Improvement Districts, and working with the Some key concepts and definitions used in the project Agricultural enhancement/protection entails maintaining the land base, soil, water, air, plants, animals, production capacity and natural infrastructure necessary to keep farmers farming over the long term as land uses and economic situations change overtime. Thus "agricultural enhancement" and "agricultural protection" include but are not limited to agricultural land protection alone. Watershed enhancement actions are those actions which improve the ability of the watershed to provide its natural benefits and services to communities. Watershed enhancement includes the idea of "repairing" major landscape processes related to hydrology and ecosystems, in order to maintain, protect or improve the delivery of watershed services. Marketplace approach: In the context of the Ag-Watershed Project, a marketplace approach means a structured framework for connecting people who are willing to pay for actions that enhance watersheds and/or protect agriculture with people who can take those actions. The emphasis in a marketplace approach is in applying transparent and scientifically credible tools to measure, account for, and report on the outcomes of specific actions in a watershed, in order to recognize and secure credit for those actions. A marketplace approach includes simple incentives and payments for specific actions which will generate measurable outcomes, but could also extend to more sophisticated instruments such as offsets and purchase or trading of mitigation credits. "Specific actions" or "beneficial actions" are the set of defined activities which could be eligible for incentives or credits in a marketplace approach. This would include actions to: enhance the condition of an agricultural system or a watershed system; counteract damage to an agricultural system or a watershed system from other activities, or avert risk e.g. protecting areas where there is imminent or projected loss of important agricultural services and/or watershed services. For more detailed explanations of the marketplace approach, specific actions and credit accounting tools, see the Credit Accounting System Report (2013: Technical Memorandum #3). The most recent version of the report can be downloaded from htti)s:llsites.aooale.com/Site/Wcwatershedoo/documents C01 Agricultural Advisory Committee on policy options and a framework for agricultural mitigation. 2.2 Project scope Phase 1 (June 2012 to July 2013) laid the groundwork for pilot testing, including: a. Developing the ag-watershed characterization and mapping process for identifying priorities and needs in local agricultural and watershed systems in the pilot focus area (Bertrand, Fishtrap and Kamm watersheds) — see Fact Sheets 1 and 2; b. Outreach and discussions with landowners and stakeholders to gather inputs on locally -suited tools and pilot concepts; c. Review and selection of suitable scientific measurement tools and structured tracking, accounting and reporting protocols for quantifying benefits and securing value from actions intended to enhance watershed and/or agricultural functions on agricultural land - see Fact Sheet 3; d. Exploration and consideration of potential pilot sites, with two sites identified for .demonstration and testing of measurement tools and protocols — see Fact Sheet 4. Phase 2 (June 2012 to September 2015) included field work and testing of the tools and protocols in pilot applications: a. Field-testing of scientific measurement tools that can connect specific actions taken on agricultural land to measurable agricultural or watershed benefits as outcomes of the specific actions; b. Testing and evaluation of robust accounting protocols to measure, verify, report and track the benefits generated; c. Implementation of actual pilot transactions to demonstrate how agricultural and watershed benefits generated by agricultural landowners can be recognized and accounted for; d. Documentation and sharing of key learning from this project across technical disciplines and with nontechnical participants. Phase 2 extension (October 2015 to June2016) included implementation of selected pilot work products in ongoing local policy and planning processes: a. Working with the Agricultural Advisory Committee (AAC) during their 2015-2016 program to develop recommendations for an agricultural mitigation policy framework, using the work products and learning from both Phases 1 and 2; b. Working with the Watershed Improvement Districts (WIDs) in the county to extend the ag- watershed characterization and mapping beyond the original pilot focus area. The results are intended for use in the WIDs' ongoing comprehensive planning processes. 2.3 Desired longer -term outcomes of the Ag-Watershed Project The tasks and achievements during this project represent short-term targets that help lead the way to the much broader long-term outcomes we are trying to achieve in Whatcom County in the arena of agricultural and watershed planning, and the overall goal of greater efficiency in local government. While these are beyond the scope of the Ag-Watershed Project itself, they help to illustrate the direction in which we are going with the current project and are important to keep in mind as we move forward. Some of these long-term outcomes include: • Achieving better integration of planning for water, watersheds and agricultural land in Whatcom County; Ag-Watershed Project Summary —Preliminary Draft July 2016 3 7 • Putting in place a non -regulatory, marketplace approach to provide incentives for implementing high -quality, high -priority watershed enhancement and/or resource land protection projects; • Making opportunities available for public agencies to more effectively and efficiently mitigate for environmental impacts and for impacts on resource lands of necessary public works projects such as road construction or flood control levee work; • Moving towards a consistent policy framework and procedures for governing impacts to and conversion of agricultural lands, in order to help achieve Comprehensive Plan goals for resource lands. 2.4 Project management, review and outreach Whatcom County entered into grant agreement #201203014 with the Washington State Department of Commerce to implement an Agricultural -Watershed pilot project on April 10, 2012. ' Whatcom County Planning and Development Services (Bellingham) has been the lead entity for this project. The Project Partners (Whatcom Farm Friends —Community Education, Whatcom Conservation District and Washington State Department of Fish & Wildlife) have provided in -kind contributions of staff time, expertise, knowledge and data. The consultant team has been led by FHB Consulting Services Inc. of Lynden. An interdisciplinary Project Review Committee was formed to advise and guide the technical work of the project in Phase 1. The Review Committee was reconstituted for Phase 2, with some changes to the membership in order to reflect the change in focus of the project from laying the groundwork in Phase 1 to pilot implementation in Phase 2. The Review Committee has been comprised of citizens and compensated agency personnel, with members serving as individuals to provide a broad range of interests and perspectives regarding the development, application and testing of work products. A majority of the Committee members are agricultural landowners and/or agricultural producers, who have brought knowledge of local agricultural priorities and local knowledge regarding flooding and drainage in the project focus area. Review Committee membership for Phases 1 and 2 of the project is shown in Appendix A. Review and guidance in the Phase 2 extension work on agricultural mitigation policy recommendations was provided by the Whatcom `County Agricultural Advisory Committee. Review and guidance for the extended ag-watershed characterization and mapping was provided by the Commissioners and members of the six Watershed Improvement Districts (WIDs: Bertrand, North Lynden, South Lynden, Laurel, Sumas and Drayton). A public outreach plan was prepared for each of Phases 1 and 2. A transparent and integrated approach was used to involve Project Partners, Review Committee (RC) and a broad mix of stakeholders in project outreach activities implemented concurrently along multiple tracks, including: • Engagementwith Project Partners, their constituents, including landowners in focus area; • Interdisciplinary Review Committee work sessions and input opportunities, including two field tours; • A publicly -accessible website with regular posting of work products for review and input; • Project briefings to Whatcom County Council committees, related advisory boards and interested stakeholders via email and committee presentations; • Regular work sessions with Project Partners and their constituents, and • Scientific conference presentations. Ag-Watershed Project Summary — Preliminary Draft July 2016 59 i Ag-Watershed Project Summary — Preliminary Draft July 2016 5 9 3 PROJECT WORK PRODUCTS AND OUTCOMES This section provides brief descriptions of the different kinds of tools developed during the Ag- Watershed Project, explains how they are intended to be used in a "marketplace approach", and summarizes the results of pilot testing and application. The figure below (Figure 1) is a schematic illustration of how the tools would work together to support a marketplace approach, beginning with the planning and prioritization tools developed in Phase 1 of the project to characterize and map both agricultural and watershed priorities, and leading in to the measurement and accounting tools that were tested in the Phase 2 pilot studies. y; Transparent system that uses incentives & market- �� place tools to encourage and reward specific Figure 1. Illustration of how the various project work products fit together for implementation 3.1 Groundwork and strategy development: a marketplace approach Current programs to implement either watershed enhancement or agricultural protection activities rely to a large degree on grant funding, regulatory compliance or voluntary stewardship actions. This project has explored the use of additional implementation tools based on incentives and trades and applied within a structured marketplace approach, that could be used to encourage voluntary actions, to secure credit for measurable outcomes on the ground, and to reward those who do more than the minimum required to enhance watersheds and/or protect agricultural land. Quick summary During Phase 1 of the Ag Watershed Project, we developed the concept of a marketplace approach further and considered the types of planning, measurement, accounting and administrative tools that would be needed to implement it. For more information, see the Program Strategy Report (2013) and Fact Cho®t tt7 A marketplace approach should complement existing regulatory and voluntary programs for both agriculture and watershed enhancement, and should help to advance adopted goals for both. A marketplace approach cannot replace either regulatory or voluntary programs, and in fact depends on there being a robust regulatory framework in place against which to measure the benefits of specific enhancement actions that go beyond what is required by regulation. Ag-Watershed Project Summary — Preliminary Draft July 2016 N. 10 Resources for implementation of watershed planning and agricultural planning objectives are limited and we can expect that to be the case for the foreseeable future, whether the resources are public or private. Smaller one-off or opportunistic watershed enhancement projects or agricultural protection actions will always be a necessary part of the implementation mix. However, the results of this project indicate that a marketplace approach could help to make more strategic, targeted and efficient use of available resources in projects which can generate high -value, measurable outcomes against recognized priorities for watershed enhancement and agricultural protection. 3.2 Planning tools: agriculture -watershed characterization & mapping The methodology for agriculture -watershed characterization and mapping was developed and pilot - tested during Phase 1 of the Ag-Watershed Project. A range of stakeholders, including farmers, partners and Review Committee members, provided inputs to identify WHAT is important for agriculture and watershed systems (see Figure 2) and WHY these issues are important. Pilot characterization and mapping work identified WHERE these are important, so that they could be mapped concurrently. The mapping process allows agricultural priorities to be integrated into routine spatial planning for consideration alongside adopted watershed priorities in Whatcom County's lowland areas and the Puget Sound region. The pilot focus area covered the Bertrand, Fishtrap and Kamm watersheds. The results are reported in the Phase 1 report on pilot mapping and characterization (Gill, 2013).' Project Fact Sheet #2 provides additional information on the pilot agriculture - watershed characterization and mapping process and results, while Fact Sheet #5 shows how those results can be used for planning, design and implementation of local enhancement projects and actions.Z Later in the project, we extended the agriculture -watershed characterization from the initial pilot focus area to all six Watershed Improvement Districts (see section 3.7.2 of this document). Quick summary During Phase 1, we developed and tested the methodology for agriculture -watershed characterization and mapping in the Bertrand, Fishtrap and Kamm watersheds. The results were used to help identify a number of potential locations for pilot studies on the ground. See Fact Sheet #2 and Fact Sheet #5 for more explanation of the concepts and results. What's important: enhancement priorities Agriculture Watershed -Water quantity (out of stream) -Water quality: Nutrients (N, P), -Drainage of fields Sediment, Bacteria, Dissolved oxygen, Water temperature -Protection of -Water quantity: fields from flooding -Agricultural land Instream flows, aquifer recharge, 119surface water storage protection -Ag-residential -Habitat: "?3 buffer areas Salmonid spawning & rearing, -Revenue other anadromous and ESA listed fish wildlife habitat wetland habitat r, -Pollination Figure 2. Agricultural and watershed enhancement priorities identified during Phase 1 1 Gill, P.,2013. Agriculture -Watershed Characterization and Mapping Report. Whatcom County Ag-Watershed Project Available at: https://sites.google.com/site/wcwatershedag/documents 2 Ag-Watershed Project fact sheets can be downloaded from http://whatcomcounty.us/2260/Agricultural-Watershed-Pilot- Proiect Ag-Watershed Project Summary — Preliminary Draft July 2016 7 11 3.3 Measurement tools: connecting measurable outcomes to specific beneficial actions One of the two fundamental principles of the marketplace approach`is that you can't get credit for what you can't measure. What this means is that credit for specific beneficial actions can only be generated and recognized or rewarded if the potential or actual agricultural and watershed enhancement benefits of those actions can be measured, using credible scientific methods which can directly connect the actions and their benefits to specific agricultural and/or watershed enhancement outcomes. Quick summary During Phase 1, we reviewed potential measurement tools (metrics) for use in the Phase 2 pilot studies to quantify the agricultural and watershed benefits of specific voluntary actions taken on agricultural land. For more information on metric selection, see the Credit Accounting System Report (2013) and Fact Sheet #3. Having tools to quantify and track the benefits of enhancement actions over time, based on consistent and measurable performance criteria, underpins the delivery of incentives and payments for actions that go beyond the minimum required. During Phase 1 of the Ag-Watershed Project, we reviewed a number of potential measurement tools (metrics), as we looked for scientific, robust methods to connect a specific enhancement action to a measurable outcome, either for the agricultural system or the watershed system. The criteria for selection of metrics included: availability of the metric or model for rapid adoption in Whatcom County, with modification or adaptation if necessary; relevance to and proven accuracy in local watershed ecosystems and agricultural systems; sensitivity to priority enhancement actions that had already been identified; simplicity and data availability.3 We chose three metrics to test the watershed benefits of selected specific actions in the pilot studies (see Figure 3): (i) the Shadalator model, which was originally developed for Washington and Oregon watersheds and which measures the effects on water Metrics allow us to connect measurable outcomes temperature of providing shading vegetation on smaller to specific beneficial actions streams; (ii) a method being 3, Wetland function assesses developed in Oregon the , Shade calculator to quantify changes in wetland function (acre -points): thermal load blocked by riparian shade (kCal/ft) — Water quality improvement Stream Function Assessment — Flood storage& flood flow reductions MethodologySFAM which A — Habitatfor plants and animals ( )i (Dept of Ecology's Wetland Credit/Debit method) supports measurement of the �- r, Agrriet0c integrates simple benefits to smaller lowland measurements of ag functions & values streams of actions to improve (agacre-points or ag benefit points): Flood protection - Drainage hydrology, instream and 2. SFAM Stream function assessment Ag land protection -Site assess. riparian habitat, water quality methodology integrates Land evaluation measurements of stream functions and and biological characteristics; values: (points) (iii) the Washington Wetland — Hydrologic — Geomorphic Credit -Debit Method for — Biological measurement of the watershed — Water quality benefits of restoring, protecting Figure 3. Metrics used in the Ag-Watershed Project pilot studies or enhancing wetland habitat. While all three watershed 3 See the Credit Accounting System Report (2013: Technical Memorandum #3). The most recent version of the report can be downloaded from http� site�oogle.com/site/wcwatershedag/documents Ag-Watershed Project Summary — Preliminary Draft July 2016 N 12 metrics are potentially suitable for application here, each has its particular strengths and weaknesses, which are discussed further in the report on the pilot studies. We also developed a new metric, the "ag metric," for local use in measurement of the agricultural benefits of specific actions (discussed in more detail below). The ag metric expands on the existing method used in the Whatcom County Purchase of Development Rights (PDR) Program for evaluating agricultural properties. 3.3.1 The "Ag Metric" The agricultural metric ("ag metric") is a simple measurement tool that calculates the benefits for agriculture of actions taken on a single farm or in an area comprising multiple farms to enhance priority agricultural services and functions that are related to the natural infrastructure for agriculture. For example, protection of land from conversion to non-agricultural uses, maintenance of drainage for farm fields and protection of fields from flooding at critical times in the growing season are all specific actions that help to maintain or enhance the viability of agricultural operations and the local agricultural economy. The prototype ag metric was developed in Phase 2 of the project and was tested in the pilot projects and a number of additional local case studies. The metric is used to connect specific actions to measurable outcomes for the agricultural system, in a similar way to the watershed metrics which connect specific actions to measurable outcomes for watershed systems (such as improved fish habitat, reduced water temperatures or enhanced groundwater recharge). Because it measures either the positive or the negative changes in overall agricultural benefit points due to specific actions (see Figure 4), the ag metric can be used as a supporting tool in agricultural mitigation. When applied in a mitigation context, the ag metric could be used to help determine what kind of mitigation might be required for the unavoidable conversion of agricultural land. Category How is calcula Agricultural Metric ig benefit score' Site information How big is the site?' How much is farmable? . 1. Land Soil -based quality and evaluation capability 2. Site Current farming activity, ag evaluation neighborhood, access to water, fragmentation 3. Ag land base Potential density, level of protection protection 4. Maintenance Active maintenance of of ag drainage existing drainage 5. Protection Active maintenance of flood from flooding protection infrastructure Overall site Ag benefit points score Ag acre -points Figure 4. Overview of the Ag Metric N Ag Ben 4it Paints (v3.1) IIIIIIIII s.. . Ag-Watershed Project Summary — Preliminary Draft July 2016 E 13 3.4 Administrative tools: Protocols for verification, tracking and oversight The second fundamental principle of a marketplace approach is that You can't get credit for what isn't taking place, meaning that credit for specific beneficial actions can only be secured where baseline and post -action calculations of credit have been independently verified, work done on the ground has been confirmed, and ongoing monitoring and verification reports indicate that the required performance standards are being met. This is described in more detail in the Credit Accounting System Report (2013 )4 and Fact Sheet #4. Quick summary During Phase 2, we tested the Willamette General Crediting Protocol in the two local pilot studies, and considered its suitability, with adaptation, for local use in verification, tracking and oversight of actions taken to enhance watersheds or agricultural systems. For more information, see the Credit Accounting System Report In the Ag-Watershed Project, we tested a protocol for I (2013) and Fact Sheets 3 and 4. verification, tracking and accounting that is already in use in the Willamette Ecosystem Marketplace in Oregon, viz. the Willamette General Crediting Protocol Version 2.0 (GCPv2.0).' A simplified overview of the protocol steps is shown in Figure 5 below. The protocol can be modified to suit local conditions and needs, and the template was provided by the Willamette Partnership for that purpose. An advantage of using this template as the basis for a prototype Credit Accounting System for the Ag-Watershed Project is that several other similar marketplace initiatives in the Northwest are also using the same template. The collaborative use of regional infrastructure in this way can significantly reduce initial development costs, as well as potentially provide a much broader geographic base for marketplace implementation. We applied the GCPv2.0 in our two pilot studies. The GCPv2.0 offers a robust and transparent system that can underpin implementation of a marketplace approach locally. Potential adaptations for local use and consideration of the pros and cons of this protocol, including transaction costs, resource and data needs and implications for institutional arrangements, are discussed in more detail in the report on the pilot studies. 4 See the Credit Accounting System Report (2013: Technical Memorandum #3). The most recent version of the report can be downloaded from https://sites.google.com/site/wcwatershedag/documents 5 Willamette Partnership (2013). General Crediting Protocol Version 2.0. http:/Zwillametteoartnership.org/wp- content/uploads/2014/09/Genera I-Crediting-Protoco I-2.0. pdf Ag-Watershed Project Summary — Preliminary Draft July 2016 10 14 TAC Protocol: account for, track & monitor specific actions & outcomes Exploration of credit 1. Validation checklist potential by • Site information & history landowner/Project Developer • Proposed specific actions • Types of benefits/credits • Additionality What is being offered 2. Project design report & credit estimate by • Detailed assessment of design vs Landowner/Project Developer baseline conditions Estimated uplift/credit 3. Project stewardship & monitoring plan • Enhancement actions to be taken on site, timelines • Maintenance and management practices to be followed on site • Monitoring, reporting & verification responsibilities 4. Buyer -Seller transaction Purchase /sale agreement Preliminary draft— based on WP GCPv2.0 Stewardship commitments by Landowner/Project Developer. Third -party responsibilities for monitoring and ongoing verification �r Transaction between Buyer and Landowner/Project Developer Figure 5. Simplified view of the protocol for tracking, accounting and crediting Ag-Watershed Project Summary — Preliminary Draft July 2016 11 15 3.5 Demonstration pilots An initial list of 11 potential pilot projects was drawn up based on the results of the agricultural and watershed mapping and characterization analysis. The initial list was then refined iteratively over the course of discussions at project team work sessions and discussions with landowners, with members of the project Review Committee, project partners and staff of the Department of Ecology. Two pilots were finally selected. The pilots and the proposed specific actions are described briefly in the boxes below and in Table 1. A more detailed description of the process for development and selection of pilot projects is provided in the report on potential agricultural and watershed pilot projects.6 6 See Ag- b 16 Pilot 1(sinale landowner) Proposed enhancement: Avoided conversion of wetland habitat resulting from beaver activity in the headwaters of an important salmon bearing stream, on a site that could be returned to active farming at the end of the Conservation Reserve Enhancement Program (CREP) lease. Agricultural benefits: diversification of revenue from payment for permanent wetland conservation easement on marginal farmland. Watershed benefits: wetland habitat and surface water storage capacity in the upper watershed are permanently protected. Pilot 2 (multiple landowners): Improve flood protection and field drainage for low-lying farmland, while concurrently increasing stream width and channel complexity, improving stream- floodplain connectivity and restoring riparian vegetation in a highly channelized reach. Agricultural benefits: improved flood protection and drainage for fields on prime farmland [proposed project design addresses faster removal of flood waters from fields & improved efficiency of drainage ditches]. Watershed benefits: stream function and habitat condition in the reach are enhanced in exchange for a small amount of agricultural land Quick summary During Phase 2 we tested the measurement and accounting tools in two pilots on agricultural land in the North Lynden area. One pilot included avoided conversion of wetland habitat which had become established on agricultural land as a result of beaver activity; the other entailed enhancement of instream and riparian habitat in exchange for improved drainage and flood protection for agricultural fields in the floodplain. For more information, see Fact Sheets 4 and 5. Learning from the pilot: 1. The wetland credit -debit method was reasonably well suited to measure the benefits of avoiding conversion of the wetland habitat, but was not particularly well suited to measure the baseflow support benefits provided by the water storage that had resulted from beaver activity at the site. 2. Appraisal of the value of a conservation easement needs to be able to reflect not only the value of agricultural production lost by the landowner in a case such as this, but also the value of watershed benefits generated by the landowner. Outcomes: Four scenarios involving different configurations for stream function enhancements and agricultural enhancements were discussed with landowners and assessed for their agricultural and watershed benefits using the SFAM, the Shadalator and the ag metric. The results allow comparison and optimization of possible actions that could generate mutual benefits for agriculture and the watershed. This allows landowners to ensure that agricultural needs will be adequately addressed in any future process for detailed project design. 12 Table 1. Specific actions proposed for Phase 2 pilot studies AGRICULTURE ENHANCEMENT BENEFITS PROPOSED IN PHASE 2 PILOTS Enhancement benefit i Specific action(s) proposed Measured with: Drainage of agricultural fields - Maintain effectiveness of existing field drainage system:7 Ag metric prevent sediment accumulation, remove reed canary grass and control re -growth in ditches Flood protection for ag fields - Protect crops on ag land from flooding at critical times Ag metric Ag land protection - Transfer, extinguish or sell development rights; place Ag metric Permanent Agricultural Conservation Easement on land. Ag resilience & diversity of - Easements,;CREP$ leases, payments from other incentive% - revenue t' programs WATERSHED ENHANCEMENT BENEFITS PROPOSED IN PHASE 2 PILOTS Enhancement benefit Specific action(s) proposed Water quality -temperature - Plant native vegetation on tributary streams Shadalator Habitat -Chinook -Plant native vegetation on tributary streams SFAM ` - Provide instream enhancements such as large woody debris, sinuosity, complexity, gravel Habitat -other anadromous fish - Plant native vegetation on tributary streams SFAM - Provide stream channel fish habitat improvements1 Habitat -wetlands` ', -Protect, enhance or restore wetland habitat WA credit - in coordination with Hydraulic Project Approval requirements that may need to be met $ Conservation Reserve Enhancement Program — see Whatcom Conservation District website Ag-Watershed Project Summary — Preliminary Draft July 2016 13 17 Water quantity -wetland storage - Protect, enhance or restore wetland hydrological functions for WA credit - capacity .. water storage debit method Ag-Watershed Project Summary — Preliminary Draft July 2016 14 in 3.6 Implementing a marketplace approach 3.6.1 Characterizing demand The Ag-Watershed Project team has drawn on regional Quick summary collaboration already underway in the Northwest to A marketplace approach provides a identify, characterize and mobilize potential demand for the structure for connecting people who can kinds of benefits that could be supplied by landowners who take beneficial actions on agricultural wish to participate in marketplace approaches. At this land with people willing to pay for time, three main drivers of potential demand have been measurable outcomes resulting from identified both within the Ag-Watershed Project Phase 1 those actions. The measurement and work as well as other regional marketplace initiatives: administrative tools and protocols 1. Demand for "compliance -grade credits." This refers to provide transparency and assurance but demand originating in specific regulatory and permitting require appropriate technical capacity and institutional capacity and adequate requirements for mitigation, and focuses primarily on supporting data. For more information, allowable off -site mitigation for unavoidable see Fact Sheets 3 and 4 and the environmental impacts. Wetland mitigation is an Marketplace Report (in draft). example that is already being implemented locally, through current Washington State regulations. 2. Demand for "voluntary credits." This refers to demand for credits through programs which aim to restore, enhance or protect certain habitats or features of the landscape, generally for public benefit or to meet public policy objectives, but not related to offsite mitigation requirements associated with specific permits. Such programs are funded by public/government agencies, private donors or corporate entities. 3. Demand from direct beneficiaries. This refers to demand from beneficiaries (often downstream) who seek improvements in conditions (such as water quality) upstream or elsewhere in the watershed for their own direct benefits. While not all of these types of demands can be met through a supply source generated by individual landowners, groups of landowners can work together on connected sections of streams or adjacent land areas to "aggregate" their benefits into a larger project that can deliver benefits at the scale required by the buyers or investors. 3.6.2 Quantifying demand The Ag-Watershed Project has focused primarily on voluntary credits, both in the two pilot studies and in the development of measurement and accounting tools. Demand for voluntary credits for watershed enhancement is difficult to quantify accurately, since many groups and organizations are receiving short-term grant funding from an array of sources to implement various kinds of watershed enhancement and restoration work in Whatcom County. Projects tend to be relatively small, and long-term follow up and monitoring of results is limited. There is no central source of information that would allow an accurate assessment of the resources currently being directed to small-scale watershed restoration, which might give a fuller picture of the actual demand for watershed benefits. Ag-Watershed Project Summary — Preliminary Draft July 2016 15 19 Agricultural land protection actions are funded primarily through the Whatcom County Purchase of Development Rights Program, which receives funding from the Conservation Futures Fund and additional State, Federal, and local matching programs. 3.6.3 Institutional and financial implications The quantitative assessments, independent verification and ongoing long-term monitoring that are built in to a protocol such as the Willamette General Crediting Protocol, which we tested for local use, are focused on assuring measurable outcomes from investments in watershed or agricultural enhancement. Providing this kind of assurance and credibility adds to the cost of each transaction. , During Phase 2 of the Ag-Watershed Project, we considered the potential transaction costs associated with use of the measurement and administrative tools in a number of ways. • The Willamette Partnership provided information on the time and costs involved in applying the General Crediting Protocol in individual projects. • Our two pilots provided information on the likely time and costs for desk and field work associated with baseline assessment, project design and field verification for the benefit types tested in those pilots. The ready availability of recent, credible data for use with the assessment methods will be a significant factor in keeping these costs down. • Our smaller pilot provided information on the likely long. -term monitoring, verification and stewardship costs associated with securing wetland benefits. These costs would be need to be reflected in the price of the wetland conservation easement and can be significant if the easement is permanent. • The PDR Program currently includes independent oversight of compliance by landowners with the conditions of agricultural easements, and these costs are well documented. There are a number of possible institutional configurations for implementing a marketplace approach locally, depending on local preferences, needs and capacity. We have reviewed examples of other similar approaches in the Northwest to provide information on possible options. More information is Ag-Watershed Project Summary —Preliminary Draft July 2016 16 20 3.7 Application of selected project work products in ongoing processes 3.7.1 Agricultural mitigation policy framework and supporting procedures During the 2015-2016 work year, the Agricultural Advisory Committee (AAC) has explored the development of a consistent policy framework and procedures for agricultural mitigation.9 Agricultural mitigation is a potential tool that could be applied to minimize impacts to and conversion of agricultural lands, in order to achieve Comprehensive Plan goals for agricultural land. Agricultural mitigation policy options include approaches such as In Lieu Fee (ILF), Purchase of Development Rights (PDR), Transfer of Development Rights (TDR), incentives and trades. The development of options for agricultural mitigation has been based on Whatcom County Council Resolution 2009-040, which confirms that: "100,000 acres of land available for agricultural use is the minimum goal for ensuring a land base necessary to support a viable agriculture industry in Whatcom County". An earlier research report on options for mitigating impacts to agricultural land (June 2013)10 was prepared in Phase 1 of the Ag-Watershed Project and was transmitted to the Agricultural Advisory Committee (AAC). Current work has built on that earlier research and on previous work by the AAC on options for protection of agricultural lands. The AAC worked with PDS staff and the consultant team to explore a potential framework and procedures for agricultural mitigation policy, as part of the scope of work of Task 5 in the Ag-Watershed Project. Core work products related to the agricultural mitigation task are listed below:" • A summary of the AAC work and findings related to agricultural mitigation (June 2016). • An emerging framework for program design (July 2016) that addresses program objectives, mitigation criteria, location of sending and receiving sites, actions that might trigger mitigation. The framework also includes a number of design questions still to be resolved, supporting notes and maps, examples of other mitigation programs as well as worked examples of various conversion scenarios to illustrate possible mitigation options. • Project Memo on regulatory constraints for agricultural mitigation (July 2016), which provides the basis for the regulatory and procedural design of mitigation program options, including integration of mitigation into current planning and permitting procedures, administration and oversight issues. • Project Memo on drivers of agricultural land conversion (July 2016), which provides the basis for the technical and operational design of mitigation program options, including issues such as which drivers of agricultural land conversion should be the main focus of mitigation, where to locate sending and receiving zones, and implications for mitigation criteria, ratios, fees and costs. • Research Report on options for agricultural mitigation (June 2013). 9 This work was identified as a medium term priority task in the Whatcom County Agricultural Strategic Plan (2011). to Research Report: Options for mitigating impacts to farmland in Whatcom County, Washington. Prepared by the Ag- Watershed Project team, June 2013. Download at https://sites.google.comLsite/wcwatershedag/documents Filename <10-ag- watershed-project-mitigation-research-report-final-for-upload-1 une2013.pdf> 11 The most recent versions of these documents can be downloaded from httas://sites.eooRle.com/site/wcwatershedag/home/ae-m itiaation-workinE-docs Ag-Watershed Project Summary — Preliminary Draft July 2016 17 21 3.7.2 Extended agriculture -watershed characterization and mapping for the six Watershed Improvement Districts During the period October 2015 to June 2016, the pilot methodology was refined and extended to provide characterization and mapping results for the six Watershed Improvement Districts12 in Whatcom County. Each Watershed Improvement District (WID) is a unique agricultural neighborhood in Whatcom County's broader farming community. Natural characteristics of the soil, locations of surface and ground waters and topography of the area help to delineate viable areas for the many types of agricultural production taking place. The boundaries of the WIDs not only reflect the characteristics and interests of different agricultural neighborhoods, but also align where possible with the geographic boundaries of water management areas used in mapping and planning of water resources by local and state governments and the agricultural land classifications used by local land use planners and agricultural specialists. The watershed characterization and mapping results for each WID include tables and summary maps which describe the watershed services that are most needed for a healthy watershed (including the restoration of salmon populations) and where they could be enhanced in the watershed. In order to generate these tables and summary maps for each WID, the information contained in the watershed reference maps was combined with the results of water flow assessments (provided by the Department of Ecology in a series of watershed characterization13 maps showing the areas which are most in need of either restoration or protection of larger -scale water flow processes). The work session participants reviewed this information, provided additional local field knowledge on site -specific watershed priorities, and identified potential actions or projects that could help to achieve watershed priorities. The agricultural characterization and mapping results for each WID include tables and summary maps which describe the agricultural services that are most needed for the long term success of agriculture, and where they could be enhanced in the watershed. The primary focus was on the "natural infrastructure" for agriculture: soils, water, adequate drainage and flood protection, and long-term protection of the agricultural land base. Methods used to prioritize agricultural needs are based on a combination of: information from (i) existing agricultural protection programs in Whatcom County, (ii) available GIS data and (iii) local knowledge provided at the WID work sessions. The agriculture -watershed characterization maps and tables generated in this task combine existing spatial data with field experience and farmers' local knowledge to identify agricultural priorities and needs in the lowland areas of Whatcom County and to bring those into the planning conversation with watershed priorities and needs. The characterization maps and tables, which incorporate local knowledge and farmer insights, should help each WID to identify, prioritize, and strategically locate practical beneficial projects and actions at the farm or reach -scale, that can enhance agricultural operations and watershed functions in the WID area. The results can also be used to communicate the WIDs' priority enhancement needs to planners for consideration in broader integrated planning efforts such as Whatcom County's Comprehensive Planning process. 12 Links to each WID website can be found at http://www.agwaterboard.com/ 13 Watershed 'characterization' is a set of water and habitat assessments that compare areas within a watershed for restoration and protection value. It is a coarse -scale tool that supports decisions regarding where on the landscape should efforts be focused first, and what types of actions are most appropriate to that place. See httD://www.ecv.wa.eov/Duaet sound/characterization/index.html Ag-Watershed Project Summary — Preliminary Draft July 2016 22 A customized report on the agriculture -watershed characterization and mapping has been prepared for each of the six Watershed Improvement Districts in Whatcom County.14 The results of the characterization and mapping will also be incorporated into an online story map for wider access to the information. More information on how to use the characterization tables and maps can be found in Fact Sheet 5. 4 IN CONCLUSION The planning, measurement, accounting and administrative tools that have been the focus of work in the Ag-Watershed Project could be used in a functional, formal marketplace, such as the Natural Resources Marketplace which has been discussed locally. However, even without a functioning marketplace, these tools can be applied together or separately within ongoing local processes such as comprehensive planning, watershed planning and agricultural planning. The Watershed Improvement Districts are now taking up the agriculture -watershed characterization and mapping results into their ongoing comprehensive planning processes. The WIDs are at different stages of planning, since some of them are newly established and will rely on this information to support the development of their first plan, while others already have comprehensive plans and are now updating those. The watershed metrics that we tested are suited for local use, but only the Shadalator is ready for use without additional adaptation and validation for local conditions. The ag metric has been developed using local agricultural knowledge and expertise and is designed for local use in Whatcom County. The General Crediting Protocol v2.0 that we tested offers a robust, transparent and credible framework for securing the beneficial outcomes of investments in agricultural and watershed enhancements. However, the transaction costs associated with baseline assessment, ongoing monitoring and verification in a protocol such as this are not fully reflected in current business and budgeting processes, either those of Whatcom County or those of other potential participants. 5 FUTURE DIRECTIONS Whatcom County will be able to use the work produced from this project in many different ways. The work will be especially helpful when the County and Cities convene the multi -stakeholder workgroup to develop a workable TDR Program (new Policy 2A-14). Many of the deliverables from this project will have immediate benefits to the workgroup including the Ag Metric, and the memos on an agricultural mitigation framework, and legal constraints. 14 The most recent versions are available at the project website https://sites.google.com/site/wcwatershedag/home/wid- mappingworking dots . Final versions will be available from each WID website htt www.agwaterboard.com/ and http://www.co.whatcom.wa.us/2260/Agricu ltura I -Watershed -Pi lot-Proiect Ag-Watershed Project Summary — Preliminary Draft July 2016 m 23 Both the Ag and Watershed metrics created and refined through this work will be helpful in future zoning decisions or designation changes. The "Drivers of Ag Land Conversion" memo will provide a platform off which to review and revise the Ag Strategic Plan to best address ag land conversion. Through this project, the County has created a beneficial working relationship with the Watershed Improvement Districts, and is looking forward to continue working with them to address water issues in the County. While this grant did not result in a fully operational Natural Resources Marketplace, the work products will be available in the continuing discussion around a Natural Resources Marketplace for Whatcom County and Washington State. Currently, King County is working on developing similar metrics for agriculture and watershed values. There is the a lot of potential for future collaboration in this area. Ag-Watershed Project Summary — Preliminary Draft July 2016 20 24 APPENDIX A: PROJECT REVIEW COMMITTEE The Ag-Watershed Project Review Committee (RC) is a community -based, interdisciplinary body comprised of citizens and compensated agency personnel, with members serving as individuals to provide a broad range of interests, perspectives and knowledge regarding the conceptual approach to the project, technical resources used, development and potential application of work products, and educational information. Whenever possible, recommendations in final work products will call out those areas where RC members found consensus on key concepts, working definitions, and options for future use of tools and protocols. Work products will also include outstanding concerns or issues for future analysis by decision -makers. This technical Project Review Committee includes individuals from a variety of government and public agencies, related citizen -advisory bodies, and community members engaged in watershed and agricultural protection efforts in Whatcom County, as well as lead staff from the ag-watershed project partner organizations. See general criteria below, used to identify invitees for phase 1 (July 2012-June 2013) and phase 2 (July 2013-Dec. 2014). General Criteria: Areas of local knowledge and technical expertise were identified for Review Committee (RC) input regarding science -based tools available for application and use in WRIA 1, local, state and federal agricultural and watershed planning, see list below. Phase 1 focused on general knowledge; phase 2 includes specific focus on the work planned for the two pilots in the project focus area. • Agriculture System Functions • Watershed System Functions • Agricultural Preservation & Planning • Watershed Protection & Planning • Flooding, Drainage & River Management • Landowners & Agricultural Producers in the project focus area • Ecosystem Services & Mitigation Additional phase 2 criteria requested by Whatcom Co. Council included: majority membership of landowners and/or agricultural producers, with preference for large acreage owners and/or local knowledge regarding flooding and drainage in the project focus area (see phase 2 RC roster below; members who meet the additional criteria are indicated by 0). Ag-Watershed Project Summary — Preliminary Draft July 2016 21 25 Phase 1 Members July 2012---June 2013 Affiliations as identified by invitees who confirmed participation Analiese Burns Board member, Nooksack Salmon Enhancement Association Casey Lankhaar Commissioner, North Lynden Watershed Improvement District Debbie VanderVeen Member, Whatcom County Ag Advisory Committee Jean Melious Citizen, Professor, WWU Jeremy Freimund Staff, Lummi Nation Natural Resource Larry Stap Commissioner, North Lynden Watershed Improvement District Leroy Plagerman Member, Whatcom County Ag Advisory Committee Oliver Grah Staff, Nooksack Tribe Natural Resources Skip Richards Citizen, Water Resource & Supply Todd Jones Member, Whatcom County Ag Advisory Committee Vern VandeGarde Commissioner, Bertrand Watershed Improvement District Wendy Harris Citizen, Retired Attorney Samya Lutz Steve Seymour George Boggs Henry Bierlink Ben Rau Doug Peters Heather MacKay Staff, Whatcom County Planning & Development Services* Staff, WA Dept of Fish & Wildlife* Director, Whatcom Conservation District* Director, Whatcom Farm Friends* Staff, Dept of Ecology* Staff, WA Dept of Commerce* Project Lead, FHB Consulting Services Inc. * Project Partner organizational lead staff participate in Review Committee meetings and are also responsible for additional outreach and engagement of agency personnel, constituents and relevant project partners. Ag-Watershed Project Summary — Preliminary Draft July 2016 22 26 Phase 2 Members Sept. 201.3—Dec. 2014 Affiliations descriptions provided by invitees who confirmed participation Chris Benedict WSU Whatcom County Extension Debbie VanderVeen Member, Whatcom County Ag Advisory Committee ° Eric Sundstrom Citizen° Jean Melious Citizen, Professor, WWU Jeremy Freimund Staff, Lummi Nation Natural Resource John Clark Citizen, Ag Producer ° Karen Steensma Citizen, Ag Producer, Professor ° Larry Stap Commissioner, North Lynden Watershed Improvement District ° Leroy Plagerman Member, Whatcom County Ag Advisory Committee ° Mike Finger Member, Whatcom County Ag Advisory Committee ° Oliver Grah Staff, Nooksack Tribe Natural Resources Phelps Mcllvaine Board member, Nooksack Salmon Enhancement Association Todd Jones Citizen, Nursery Producer ° Tom Buroker Staff, Washington Department of Ecology, Bellingham Field Office Vern VandeGarde Commissioner, Bertrand Watershed Improvement District ° Wendy Harris Citizen, Retired Attorney Karin Beringer Joel Ingram George Boggs Henry Bierlink Ben Rau Doug Peters Heather MacKay Staff, Whatcom County Planning & Development Services* Staff, Washington Department of Fish & Wildlife* Director, Whatcom Conservation District* Director, Whatcom Farm Friends* Staff, Washington Department of Ecology* Staff, Washington Department of Commerce* Project Lead, FHB Consulting Services Inc. * Project Partner organizational lead staff participate in Review Committee meetings and are also responsible for additional outreach and engagement of agency personnel, constituents and relevant project partners. Ag-Watershed Project Summary — Preliminary Draft July 2016 23 27 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-245 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: KB July 28, 2016 R """ E V L / AUG 0 2 2016 Aug 9, 2015 Nat. resources Comm/ Council Division Head: 0rt l� ✓�` �i ®' Dept. Head: Prosecutor:WHATCOM COUNTY COUNCIL Purchasing/Budget: Executive + TITLE OF DOC T: Resolution Affirming the PDR Oversight Committee Ranking and Authorizing Whatcom County Purchase of Development Rights Administrator and Whatcom County Executive to Proceed with the Acquisition Process for PDR Applications ATTACHMENTS: Memo and Attachment A, Resolution, Purchase of Development Rights 2016 Applicant Ranking list (Exhibit 1) and (Exhibit 2) SEPA review required? ( ) Yes ( x) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) As required by the WCC 3.25A - Purchase of Agricultural Development Rights Ordinance, applications submitted by landowners interested in participating in the PDR program were reviewed for program eligibility and ranked pursuant to the PDR Guidelines Document, Ranking Criteria, by the PDR Oversight Committee. The ranking by the PDR Oversight Committee is now being submitted to Council. County Council needs to review the ranking as submitted by the Oversight Committee and affirm or modify that ranking list and authorize the PDR Administrator and County Executive to proceed with the acquisition process. COMMITTEE ACTION.° COUNCIL ACTION• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www,co.whatcom.wa.us/council WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 gShNC'�0 360-738-2525 Fax Memorandum TO: Executive Louws, Honorable Councilmembers FROM: Karin Beringer; PDR Program Administrator( :.— THROUGH: Mark Personius; Assistant Director, PDS 'a DATE: July 28, 2016 SUBJECT: PDR Program Update and Funding Request Dear Executive Louws and Honorable Councilmembers- J.E. "Sara" Ryan Director The Whatcom County Purchase of Development Rights Oversight Committee (PDROC), in cooperation with long range planning staff, would like to provide an update on program progress, current initiatives, and funding needs. It has been a few months since the PDROC has provided an update to council, so we will begin with some program information. Background Information The Purchase of Development Rights (PDR) Program was created in 2002 to contribute to sustaining the farming enterprise in Whatcom County by protecting critically located County farmland. The program is voluntary and pays landowners fair market value for their remaining development rights and places a permanent agricultural conservation easement on the property. The easement does not allow any future residential development, and restricts (to a certain extent) other impervious surface. We use an agricultural conservation easement as the mechanism to retire development rights. This way the farmer gets to keep their land and continue farming activities, but the future residential potential of the land gets extinguished permanently. Whatcom County currently partners with the Whatcom Land Trust for the PDR Program. Whatcom Land Trust performs baseline studies on all properties before closing, and they hold and monitor the easements annually in perpetuity. In the past, the program has received 50-50 cost share for easement purchases from other sources such as the Washington State Recreation and Conservation Office's Washington Wildlife Recreation Program (WWRP), and the Natural Resource Conservation Service (NRCS) Agricultural Conservation Easement Program - Agricultural Land Easements (ACEP-ALE). Since the PDR program's inception, 865.55 acres of farmland have been permanently protected from development, and 118 potential development rights have been permanently extinguished. The total cost of the transactions (purchase price, Whatcom Land Trust expenses, closing costs, and appraisal fees) is $5,809,120.60. Of that, Whatcom County's conservation futures fund has paid $3,149,020.60. The remaining was reimbursed back into the conservation futures fund through cost share from the sources mentioned earlier. Update on Progress Since 2015 The PDROC last came to Council in the fall of 2015 to provide a program update and to present recent property applications for approval. At that point, the program had 7 applications that had been approved by the PDROC. Those were the Williams (1 & 2), Servid-Williams, Cougar Creek 29 Ranch, Squalicum Ranch, Grubbs, and Matheson properties. At that meeting, Council approved Resolution 2015-032 in which the following was authorized: 1. The PDR Oversight Committee and Administrator proceed with the acquisition of title search and appraisal services in the order of the approved ranking (Exhibit 1) pursuant to the process outlined in the PDR Guidelines Document. 2. Expenditure of Conservation Futures Funds are authorized to cover expenses associated with title search and appraisal services. Since that resolution was passed, staff has acquired title and appraisal services for the properties included in the resolution to determine the value of the development rights. The results of the appraisals are as follows: a. Williams 1: $255,000 b. Williams 2: $80,000 c. Servid-Williams: $85,000 d. Cougar Creek Ranch: $630,000 e. Squalicum Ranch: $345,000 f. Grubbs: $80,000 g. Matheson: $225,000 Before and after appraisals value the land before enacting a conservation easement and after enacting the easement. The difference between the two is the value of the development rights. We have found through recent appraisals that the value per development right swings dramatically from one appraisal to another, however, the value per acre stays pretty stable around $4,000 per acre. The landowners have been made aware of the appraisal amounts. Since our last update to Council, we have also actively been doing outreach, and have received an additional 5 applications for the PDR Program. These 5 properties are Brar, Greenwood, Jacoby, Carbee, and Sidhu. Please see the attached spreadsheet (Attachment A) for a breakdown of property characteristics for all 12 of our current applicants. The PDROC has seen and has approved of the ranking for the 12 properties. Match Fund Sources Whatcom County has been awarded match funding through the Natural Resource Conservation Service (MRCS)' Agricultural Conservation Easement Program- Agricultural Land Easement (ACEP-ALE) Program. This grant provides 50-50 cost share on the purchase price of Williams 1, Cougar Creek Ranch, Grubbs, and Matheson properties. The total match amount is $582,500. Staff requested match dollars from the Whatcom Community Foundation- Sustainable Whatcom Fund in the late spring of 2015 and were awarded $200,000 to be used as match for the purchase of conservation easements beginning in early 2016. We have also applied for the Washington State Recreation and Conservation Office's Washington Wildlife Recreation Program (WWRP) for match funding on all 12 properties. The WWRP provides funding for a broad range of land protection and outdoor recreation, including park acquisition and development, habitat conservation, farmland preservation, and construction of outdoor recreation facilities. It operates on a biennial (once every other year) cycle for its grant applications. We have applied for the 2016 cycle and should hear back on funding decisions this fall. We are expecting 50% match funding for the Williams 1 easement through the Floodplains by Design Project. If we receive that funding, the Williams 1 easement would be 100% funded by sources other than the Conservation Futures Fund. Request 30 The PDR Committee and staff request that we move forward toward acquisition on six (6) properties using the $782,500 match funds we have already acquired. Those properties are as follows: Cougar Creek Ranch, Squalicum Ranch, Matheson, Williams 2, Servid-Williams, and Grubbs. The PDR Committee and staff also request that we move forward toward acquiring appraisals on five (4) properties as follows: Brar, Greenwood, Carbee, and Sidhu. We propose to wait on the Williams 1 property until we hear back from the Floodplains by Design process. There is also the possibility of receiving match funding through the WWRP for any of the 12 properties. If that happens on any of the properties we move toward closing, the Conservation Futures Fund can be retroactively reimbursed when we receive funds from the WWRP. 31 q El Q 32 0 o o 0 w w E aEi w E�`+ Z I'v E�`+ - .2 °a 2 c p �a oR �a o8 �a N Z 03 O N oR �a °0 �a _ «�0 �U vtY vw m� D a t�0 m0 "a a� v� _ ., '�O t$0 r 10O wK E¢ E E E E¢ E H v a� aye rn c �O �O E¢ np c o C c E 3 �O v NO w0 O ,�U p�p �U ��° � °w �t� dw c �'U LL - o '^ o o o n w c u o _- z y z z z o c Q U U C a¢ Q a o U N w W W w VN M $ W W rc o U � O O o V o O G W w 1OW W N w W {oyy NW Yi 1A M 6 O Q U - C_ - ! o o. o E a E o a o Z L L °C L° n i 9 o C O o yy V N yy V Q � O1 A ° ° ° Fa z° z° z° z° z° z° z z° z z w o rt .- R O N N R O d M o C N V O a a V O V C L O h a m 3 o a E w E s E N t m U N R IV U V « N 3 9 N U E w SPONSORED BY: PROPOSED BY: Planning INTRODUCTION DATE: RESOLUTION # AFFIRMING THE PDR OVERSIGHT COMMITTEE RANKING AND AUTHORIZING WHATCOM COUNTY PURCHASE OF DEVELOPMENT RIGHTS ADMINISTRATOR AND WHATCOM COUNTY EXECUTIVE TO PROCEED WITH THE ACQUISITION PROCESS FOR 2016 APPLICATIONS WHEREAS, Whatcom County government recognizes agriculture as a major contributor to the local economy and a high quality of life for Whatcom County citizens; and _ WHEREAS, The Growth Management Act and the County Comprehensive Plan support the retention of agricultural lands of long term commercial significance and encourage the use of innovative techniques to do so; and WHEREAS, Ordinance #92-002 enacted a property tax levy known as the Conservation Futures Tax as authorized by RCW 84.34.230 to provide a funding source to assist in acquiring "open space land, farm and agricultural land, and timber land, and a significant Conservation Futures fund balance is available for additional farm land protection efforts ;" and WHEREAS, Ordinance #2002-054 adopted Whatcom County Code Title 32..A that authorized the creation of a Purchase of Development Rights (PDR) program that offers voluntary farm agreements that include the purchase of agricultural conservation easements on farmable land within Whatcom County, and WHEREAS, Ordinance #2002-054 and WCC 3.25A established a Purchase of Development Rights Oversight Committee to provide review and assistance to the PDR Administrator, and WHEREAS, The Whatcom County Council adopted the PDR Guidelines Document through Resolution #2002-040 which includes specific direction for program administration and conservation easement acquisitions, and WHEREAS, The Purchase of Development Oversight Committee met on July 22, 2016 to develop a ranking of all applications received to date and forwarded that ranking to Council; and WHEREAS, Council, pursuant to PDR Guidelines Document, must affirm or modify the properties as submitted by the PDR Oversight Committee, and WHEREAS, Council has reviewed the application ranking and background materials at a public meeting, with input by County staff and PDR Oversight Committee members, and WHEREAS, Council has determined the ranking in accordance with their policy priorities and the requirements of Title 3.25A and the PDR Guidelines Document, and C:\Users\rboxx\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\QCHL9L4L\PDR Ranking Resolution 2016 clean.docx �W WHEREAS, Council passed resolution 2015-032 authorizing the PDR Administrator to acquire title and appraisal services for all 2015 applicants, and WHEREAS, The PDR Administrator has acquired appraisal services for all properties listed in this Exhibit 1 NOW, 'THEREFORE, BE I'T RESOLVED by the Whatcom County Council that: 1. The PDR Oversight Committee and Administrator proceed with the acquisition of conservation six (6) easements in the order of the approved ranking (Exhibit 1) pursuant to the process outlined in the PDR Guidelines Document. 2. The Executive is authorized to enter into Purchase and Sale Agreements (for the six easements listed in Exhibit 1), provided: a. Appraisals are completed and conservation easements are drafted which meet the requirements of the Whatcom County Purchase of Development Rights program, and b. Landowners have agreed to the offer price and conservation easement conditions. 3. The PDR Oversight Committee and Administrator proceed with the acquisition of title search and appraisal services in the order of the approved ranking (Exhibit 2) pursuant to the process outlined in the PDR Guidelines Document. 4. Expenditure of Conservation Futures Funds are authorized to cover expenses associated with purchase of conservation easements, including title search and insurance, appraisal services and Whatcom Land Trust fees. APPROVED this day of , 2016 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: Dana Brown -Davis, Council Clerk Carl Weimer, Chairperson C:\Users\rboxx\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.0uttook\QCHL9L4L\PDR Ranking Resolution 2016 clean.docx �� 2016 Applications supported by PDR Oversight Committee Whatcom County Agricultural Purchase of Development Rights Program Exhibit 1 1. Cougar Creek Ranch • Number of Points: 68.60 • Type of Farm: Currently contains pigs, poultry, sheep, corn silage, seed potatoes, and raspberries • Zoning District: AG • Property Size: 157.76 acres • Preliminary Estimate of Potential Development Rights: 3 Cougar Creek Ranch consists of the original homestead purchased by the current land owner/steward's great -great grandfather in 1894. Currently the farm is leased out to several local farm businesses supporting seed potatoes, corn silage, and raspberry production for many years. The current owner/steward is gradually taking over management of the entire farm. He is expanding production of meat poultry, hogs, and sheep, and has an interest in moving into beef production as well. This property is crossed by Wiser Lake Creek(previously Cougar Creek) and provides significant habitat opportunities for anadromous fish. 2. Squalicum Ranch • Number of Points: 57.63 • Type of Farm: Supports beef cattle and dairy goats, with pasture and hay ground • Zoning District: Rural Forestry, R5 • Property Size: 174.46 acres • Preliminary Estimate of Potential Development Rights: 10 Squalicum Ranch has supported beef cattle production for many years and has been in the Foster family for over 50 years. This property protects a significant piece of the shore on Squalicum Lake as well as one of the main tributaries of Squalicum Creek. Property contains 66.5% prime soils and 30% soils of statewide significance. Additionally the property contains a significant forested section that serves to provide wildlife habitat and generate firewood and forestry potential for the property owner. 3. Matheson (Sandra) • Number of Points: 56.44 • Type of Farm: Currently used for grazing and holding beef cattle • Zoning District: AG • Property Size: 17.9 acres • Preliminary Estimate of Potential Development Rights: 3 This property is part of Matheson Farms which grows beef cattle, much of which is sold to Whatcom County consumers. This property was owned and farmed by the applicant's parents as a working dairy farm. It has 100% prime soils and is located near the Guide Meridian with high pressure to convert to non-agricultural uses. There are currently no structures on the property and with hay and pasture it supports healthy cattle year round. Page 1 of 2 35 4. Williams 2 (Justin) • Number of Points: 53.19 • Type of Farm: Currently in grain production, no house • Zoning District: AG • Property Size (approximate acres): 19.5 • Preliminary Estimate of Potential Development Rights: 1 This farm is located on Tom Road just north of Nooksack in the AG Zone. The property consists of 100% NRCS Prime soils, as well as having all soils on the property identified as APO soils by the County's APO overlay. The entire property is in agricultural production. Currently, the property produces grain. There is neither home nor outbuildings on the property. 5. Servid-Williams (Justin and Leslie) • Number of Points: 52.75 • Type of Farm: Vegetable and grain • Zoning District: AG • Property Size: 14.48 • Preliminary Estimate of Potential Development Rights This farm is located on Tom Road just north of Nooksack in the AG Zone. The property consists of 100% NRCS Prime soils, as well as having all soils on the property identified as APO soils by the County's APO overlay. The entire property is in agricultural production. Currently, the property produces grain and garlic. There is neither home nor outbuildings on the property. This property is located immediately adjacent to the South of the Williams 2 property. 6. Grubbs (Sam and Donna) • Number of Points: 52.10 • Type of Farm: Mixed vegetable and beef cattle • Zoning District: R5 • Property Size: 19.7 • Preliminary Estimate of Potential Development Rights: 3 This farm, named Bellingham Country Gardens is located at the intersection of Kelly and Sand Roads. This property has supported cow -calf operations for many years and now also supports a diversified u- pick vegetable operation run by current owners. Property contains 100% prime soils and is bordered by Anderson Creek which is home to anadromous fish and is currently receiving improvements and restoration on other sections of the creek. One home and agricultural outbuildings currently exist on the property. Page 2 of 2 36 2016 Applications supported by PDR Oversight Committee Whatcom County Agricultural Purchase of Development Rights Program ' Exhibit 2 1. Brar (Harbinder and Jag) • Number of Points: 70.27 • Type of Farm: Raspberry • Zoning District: R5 • Property Size: 78.1 • Preliminary Estimate of Potential Development Rights: 14 The Brar Brothers farm is located on Sand Road and is a raspberry operation. The property has one house and adjacent agricultural buildings. The property is zoned R5 and has the potential for 14 additional development rights to be removed through an easement. 2. Greenwood (Michael) • Number of Points: 68.07 • Type of Farm: Supports dairy operation with pasture and hay ground • Zoning District: R5 • Property Size: 93.77 • Preliminary Estimate of Potential Development Rights: 16 The Greenwood property is part of a complex of applicants to the PDR Program that are contiguous. The complex consists of Greenwood, Carbee, and Grubbs. Mr. Greenwood recently purchased. the property and leases it out to Mr. Carbee for support of Mr. Carbee's replacement heifer operation. 3. Carbee (Harold and Etta) • Number of Points: 62.59 • Type of Farm: Replacement heifer operation • Zoning District: R5 • Property Size: 73.31 • Preliminary Estimate of Potential Development Rights: 13 This property is located near the corner of Kelly and Sand Roads in the same area as Grubbs and Greenwood. The property is used as a replacement heifer operation for a local dairy. The property is on Anderson Creek and has a large buffer along the creek bank. 4. Sidhu (Hardev and Harpreet) • Number of Points: 47.44 • Type of Farm: Raspberry • Zoning District: R10 • Property Size: 40 • Preliminary Estimate of Potential Development Rights: 4 This farm is located to the East of the City of Lynden. The Sidhu's have approximately half of the property in raspberry production. The remainder of the property has excellent wildlife habitat values as forested wetland. Page 1 of 2 37 Page 2 of 2 38 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 220 CLEARANCES Initial Date Date Received in Council O cce Agenda Date Assigned to: Originator: 6/30/2016 7/12/2016 Finance & Introduct Division Head: 7/26/2016 Finance/Council Dept. Head: `� j 8/9/2016 Finance/Council Prosecutor. PurchasinglBudzet: Executive: TITLE OF DOCUMENT. Ord amending WCC Title 2, to reflect an increase in number of Council Districts ATTACHMENTS. SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance amending Whatcom County Code Title 2, Administration and Personnel, to reflect an increase in the number of County Council Districts COMMITTEE ACTION.• COUNCIL ACTION. 7/12/2016: Discussed and amended 7/12/2016: Substitute Introduced 7-0 7/26/2016: Held in Committee 7/26/2016: Held in Committee Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. We PROPOSED BY: CLERK OF THE COUNCIL INTRODUCTION DATE: JULY 12, 2016 ORDINANCE NO. AMENDING WHATCOM COUNTY CODE TITLE 2, ADMINISTRATION AND PERSONNEL, TO ADD LANGUAGE RELATED TO AN INCREASE IN THE NUMBER OF WHATCOM COUNTY COUNCIL DISTRICTS WHEREAS, at the November 2015 General Election the voters of Whatcom County approved an amendment to the Whatcom County Charter to increase the number of county council districts from three to five; and WHEREAS, in April 2016 a new five -district districting plan for Whatcom County was adopted by the 2016 Whatcom County Districting Committee; and WHEREAS, the new districting plan divides Whatcom County into five council districts of approximately equal size; and WHEREAS, Whatcom County Code Title 2, Administration and Personnel, contains district residency requirement language for the county council and select Whatcom County boards and commissions that must be amended to reflect the new five -district districting plan adopted for Whatcom County. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Title 2, Administration and Personnel, is hereby amended as outlined in "Exhibit A" to this ordinance. BE IT FINALLY ORDAINED that these amendments will not disqualify a current board or commission member from holding office during the remainder of the term for which that member was appointed. ADOPTED this day of ATTEST: Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM r� ivii Deputy Prosecutor , 2016. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair ( ) Approved ( ) Denied Jack Louws, County Executive Date: W *Yellow highlights = original proposed amendments *Blue highlights = amendments recommended by Council staff Following July 26 Finance and AdminlstmtNe Services Committee and discussion with Council's attorney. *Green highlights = amendment approved by committee on July 26. EXHIBIT A (AMEND WCC TITLE 2 RELATED TO DISTRICT REQUIREMENT) CHAPTER 2.02 COUNTY COUNCIL 2.02.005 Council - Composition. The council shall consist of seven members, twe one councilmembers from each of the twee -five council districts and ene two councilmembers at -large. CHAPTER 2.21 BOARD OF EQUALIZATION two I • t 44-) 2.21.020 Membership - Term of Office, Board members shall be appointed by the county council on an at-larcle basis as vacancies occur provided that no two memberrs_shall reside in the same council district. Member terms shall be three years pursuant to RCW 84.48.026 i 4 ;0 Cl ItNMRWW C 41L C 6! _C __ 1T•.i�ll"i:1:14 1:1r1!RI.Al�04:Aii! J 7dr' 2.21.040 2Q Compensation for meeting attendance. As authorized by RCW 84.48.010, members of the board of equalization are-te shall receive $75�9 per day for each day of actual attendance efthe at a meeting of the board. (Ord. 95-044). 2.21-020 Mernbershio Term of Offfc Boom mempg_ s shall_b__Q a r_raj-ori -y of 4he Whatcom County Qt.uncli on an at - Large -basis s vacancies oqrur, Not .r than two members,i council district. Member- terms shall be three gears,, or unt.lj heir successors are app in�ed ch a ' zt z r r v a� it vot_� - -. Qgnty Council, 41 *Yellow highlights = original proposed amendments °'€ lue highligiits = amendments recommended by Council staff following July 26 Finance and Administrative Services Committee and discussion with Council's attorney. *Green highlights = amendment approved by committee on July 26. CHAPTER 2.29 PARKS AND RECREATION DEPARTMENT 2.29.050 Parks and recreation commission. B. The parks and recreation commission shall consist of seven members, twe one members -appointed from each county council district and efle two members appointed at -large. All terms of office shall be for four years. All appointments for the purpose of filling vacancies shall be for the remaining portion of the unexpired term. No member shall serve more than two consecutive full terms. CHAPTER 2.31 PLANNING COMMISSION 2.31.030 Membership. The planning commission shall consist of nine members appointed by the n uncil one member From each council district n he -other fQur r r n in : 1_The development community. 2. The environmental community. 3. Trans ortation, 4 A ` es", mineral, or aquatic R-resource lands., Members shall be citizens not serving in elective county offices. Appointment shall be in compliance with Chapter 2.03 of the Whatcom County Code. 42 Chapter 36.70 RCW: PLANNING ENABLING ACT Page 1 of 3 36.70.030 Commission —Creation. By ordinance a board may create a planning commission and provide for the appointment by the commission of a director of planning. [ 1963 c 4 § 36.70.030. Prior: 1959 c 201 § 3.] 36.70.040 Department —Creation —Creation of commission to assist department. By ordinance a board may, as an alternative to and in lieu of the creation of a planning commission as provided in RCW 36.70.030, create a planning department which shall be organized and function as any other department of the county. When such department is created, the board shall also create a planning commission which shall assist the planning department in carrying out its duties, including assistance in the preparation and execution of the comprehensive plan and recommendations to the department for the adoption of official controls and/or amendments thereto. To this end, the planning commission shall conduct such hearings as are required by this chapter and shall make findings and conclusions therefrom which shall be transmitted to the department which shall transmit the same on to the board with such comments and recommendations it deems necessary. [ 1963 c 4 § 36.70.040. Prior: 1959 c 201 § 4.] 36.70.050 Authority for planning. Upon the creation of a planning agency as authorized in RCW 36.70.030 and 36.70.040, a county may engage in a planning program as defined by this chapter. Two or more counties may jointly engage in a planning program as defined herein for their combined areas. [ 1963 c 4 § 36.70.050. Prior: 1959 c 201 § 5.] 36.70.060 Regional planning commission —Appointment and powers. A county or a city may join with one or more other counties, cities and towns, and/or with one or more school districts, public utility districts, private utilities, housing authorities, port districts, or any other private or public organizations interested in regional planning to form and organize a regional planning commission and provide for the administration of its affairs. 43 http://app.leg.wa.gov/RCW/default.aspx?cite=36.70&fullrtrue 7/28/2016 Chapter 36.70 RCW: PLANNING ENABLING ACT Page 2 of 3 Such regional planning commission may carry on a planning program involving the same subjects and procedures provided by this chapter for planning by counties, provided this authority shall not include enacting official controls other than by the individual participating municipal corporations. The authority to initiate a regional planning program, define the boundaries of the regional planning district, specify the number, method of appointment and terms of office of members of the regional planning commission and provide for allocating the cost of financing the work shall be vested individually in the governing bodies of the participating municipal corporations. Any regional planning commission or municipal corporation participating in any regional planning district is authorized to receive grants-in-aid from, or enter into reasonable agreement with any department or agency of the government of the United States or of the state of Washington to arrange for the receipt of federal funds and state funds for planning in the interests of furthering the planning program. [ 1963 c 4 § 36.70.060. Prior: 1961 c 232 § 1; 1959 c 201 § 6.] NOTES: nmission as employer for retirement system purposes: RCW 41.40.010. 36.70.070 Commission —Composition. Whenever a commission is created by a county, it shall consist of five, seven, or nine members as may be provided by ordinance: PROVIDED, That where a commission, on June 10, 1959, is operating with more than nine members, no further appointments shall be made to fill vacancies for whatever cause until the membership of the commission is reduced to five, seven or nine, whichever is the number specified by the county ordinance under this chapter. Departments of a county may be represented on the commission by the head of such departments as are designated in the ordinance creating the commission, who shall serve in an ex officio capacity, but such ex officio members shall not exceed one of a five -member commission, two of a seven -member commission, or three of a nine -member commission. At no time shall there be more than three ex officio members serving on a commission: PROVIDED FURTHER, That in lieu of one ex officio member, only, one employee of the county other than a department head may be appointed to serve as a member of the commission. [ 1963 c 4 § 36.70.070. Prior: 1959 c 201 § 7.] 36.70.080 Commission —Appointment —County. 44 http://app.Ieg.wa.gov/RCW/default.aspx?cite=36.70&full=true 7/28/2016 Chapter 36.70 RCW: PLANNING ENABLING ACT Page 3 of 3 The members of a commission shall be appointed by the chair of the board with the approval of a majority of the board: PROVIDED, That each member of the board shall submit to the chair a list of nominees residing in his or her commissioner district, and the chair shall make his or her appointments from such lists so that as nearly as mathematically possible, each commissioner district shall be equally represented on the commission. [ 2009 c 549 § 4107; 1963 c 4 § 36.70.080. Prior: 1959 c 201 § 8.] 36.70.090 Commission —Membership —Terms —Existing commissions. When a commission is created after June 10, 1959, the first terms of the members of the commission consisting of five, seven, and nine members, respectively, other than ex officio members, shall be as follows: (1) For a five -member commission —one, shall be appointed for one year; one, for two years; one, for three years; and two, for four years. (2) For a seven -member commission —one, shall be appointed for one year; two, for two years; two, for three years; and two, for four years. (3) For a nine -member commission —two, shall be appointed for one year; two, for two years; two, for three years; and three, for four years. Thereafter, the successors to the first member shall be appointed for four year terms: PROVIDED, That where the commission includes one ex officio member, the number of appointive members first appointed for a four year term shall be reduced by one; if there are to be two ex officio members, the number of appointive members for the three year and four year terms shall each be reduced by one; if there are to be three ex officio members, the number of appointive members for the four year term, the three year term, and the two year term shall each be reduced by one. The term of an ex officio member shall correspond to his or her official tenure: PROVIDED FURTHER, That where a commission, on the effective date of this chapter, is operating with members appointed for longer than four year terms, such members shall serve out the full term for which they were appointed, but their successors, if any, shall be appointed for four year terms. 45 http://app.leg.wa.gov/RCW/default.aspx?cite-36.70&full=true 7/28/2016 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-191 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: twh 05.23.16 05.31.16 Introduction Ori inator: 06.14.16 Finance/Council Division Head: R E C E � V E 1) Dept. Head: 6/28/2016 Finance/Council MAY 2 4 2016 Prosecutor: � �% LV % ��/��/ �� 7/12/2016 Finance/Council WHATCOM COUNTY Purchasin /Bud et. COUNCIL 7/26/2016 Finance/Council 8/9/2016 Finance/Council AA'1 Executive: ' J LL( 1161 TITLE OF DOCUME Ordinance Amending WCC 3.08. Purchasing System ATTACHMENTS. Memo, Ordinance, Code Revision SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Ordinance to amend WCC 3.08 Purchasing System COMMITTEE ACTION. • COUNCIL ACTION.• 6/14/2016: Held in Committee 5/31/2016 Introduced 6/28/2016: Discussed and Held in Committee 6/14/2016: Held in Committee 7/12/2016: Substitute held in Committee 6/28/2016: Held in Committee 7/26/2016: Held in Committee 7/12/2016: Substitute held in Committee 7/26/2016: Held in Committee Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. M WHATCOM COUNTY �Gon+ rp Jack Louws ' ���A EXECUTIVE'S OFFICE County Executive County Courthouse , 311 Grand Ave. Suite #108 1�0 Bellingham, WA 98225 �""a TO: Members of the Whatcom County Council THROUGH: Jack Louws, County Executive FROM: Tyler Schroeder, Deputy Executive and Jon Hutchings, Public Works Director RE: Purchasing Policy Amendment Date: July 7, 2016 Requested Action: Consider and approve proposed amendments to WCC 3.08 Purchasing System that establishes administrative procedures for advertising and approving public contracts. Background and Purpose: Whatcom County Council and Executive share responsibility under WCC 3.08 for transparent, predictable, and efficient procurement of goods and services necessary to execute authorized County work. Certain provisions in the existing Purchasing Policy expose the County to contract claims and escalating procurement costs. This amendment is intended to preserve appropriate Council oversight of expenditures, incorporate 2015 changes to State purchasing laws, improve competitive access to public contracting opportunities, streamline project delivery, and reduce financial risk associated with contract administration. The amended ordinance: • Improves advertising of requests for proposals, requests for qualifications, and invitations to bid ■ Adjusts thresholds for soliciting price quotations and bids for professional services to $10,000 and $50,000, respectively, pursuant to State law • Requires Council authorization for professional services contracts and other non -capital contracts of greater than $50,000 • Authorizes Executive approval for contracts and contract amendments identified in a Council - approved Capital Budget Authorization Ordinance, and for certain supplies. As part of the Administration's effort to provide a more transparent and program -oriented budget approval process, the 2017-2018 budget documents will contain a separate capital program showing specific capital expenditures for the budget cycle. This coincides with online access to all contracts and quarterly project expenditure updates. Financial Implications: These amendments reduce the likelihood of cost escalation associated with project delivery delays resulting from untimely change order approvals and associated contractor claims. Please contact Tyler Schroeder at extension 5207 or Jon Hutchings at extension 6205 for questions or concerns regarding this amendment. Enc.: Proposed amendment to existing WCC Chapter 3.08 Office 360 778-5200 Fax 360 778-5201 TDD 711 47 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PROPOSED BY: County Executive INTRODUCTION DATE: 05/31/16 ORDINANCE NO. 2016- AN ORDINANCE AMENDING WHATCOM COUNTY CODE 3.08, PURCHASING SYSTEM WHEREAS, The County wishes to achieve greater administrative efficiencies through clarifying purchasing processes and increasing dollar value of contracts that may be approved administratively; and WHEREAS, Whatcom County is unique in its limited purchasing thresholds allowed under Executive Authority when compared to other Washington State Charter Counties and local municipalities; and WHEREAS, Whatcom County has improved transparency and access to contracts and project budget reports by making them available on-line with the launch of a new public website; WHEREAS, It is essential and in the best interest of Whatcom County Government and its citizens to keep work flow moving particularly during the short and busy construction season, NOW, THEREFORE, BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL, Whatcom County Code 3.08 is amended to read in its entirely, as set forth in the attached Exhibit A: ADOPTED this day of , 2016. WHATCOM COUNTY COUNCIL ATTEST: Dana Brown -Davis, Clerk of the Council WHATCOM COUNTY EXECUTIVE APPROVED AS TO FORM: Civil Deputy Prosecutor Date Signed: Page 1 WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied EXHIBIT A Chapter 3.08 PURCHASING SYSTEM Sections: 3.08.010 Purpose. 3.08.020 Administration. .08.030 Authoritv and functions. 3.08.040 Price quotations. 3.08.050 Vendor lists. 3.08.060 Bids and proposals required. 3.08.070 Contractor's bond required for public works. 3.08.080 Labor and material claims. 3.09.090 Bid specifications, deposits and awards. 3.08.095 Small works roster contract award process. 3.08.100 Council approval required. 3.08.110 Unregistered or unlicensed contractors prohibited. 3.08.120 Joint purchasing. 3.08.130 Amendments to chapter. 3.08.140 Severability. 3.08.010 Purpose. It shall be the purpose of this chapter to establish a purchasing system to work with all county departments, agencies, boards and commissions, and other operations of the county to ensure efficiency in procurement of supplies and equipment of the necessary quality at the lowest possible cost; to ensure compliance with purchasing statutes, regulations, policies and procedures; to ensure efficient utilization of county property, new and used; and to minimize employee time devoted to purchasing functions. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). In addition. it is intended that the purchasing system be as trdnsparent as possible, deliver Urneiu and ccmpiete procurement information to prospective vendors, and report successful bids, contracts and project expenditures to the public using the County's website. 3.08.020 Administration. The director of the administrative services department shall have full authority and responsibility for the operation and ongoing improvernLaic of the purchasing system under the direction of the county executive. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.030 Authority and functions. A. The authority to recommend and implement administrative policies and procedures that provide a comprehensive basis for purchasing functions shall fall under the purview of the purchasing system. B. The following responsibilities shall be coordinated through the purchasing system: 1. Continue to improve services to departments and agencies in the area of purchasing. 2. Develop automated requisition and reporting systems. 3. Improve purchasing productivity and control for all departments. We 4. Standardize high volume purchases. 5. Develop efficient policies and procedures for acquiring goods and services. 6. Implement inventory controls and minimize costs of goods and services. 7. Prepare and make available to all departments standardized forms for requisitions, vouchers, inventories and any other form required for county operations. 8. Assign purchase order numbers for the acquisition of supplies, materials, equipment, tools, services, rental of personal property, professional services and contracted public works exceeding $2,500. 9. Maintain vendor list pursuant to RCW 39.04.190. 10. Whenever practically possible, contact at least three vendors to assure competitive pricing. 11. €qs6r-e-toe Promote a competitive procurement p esessenv_ironmentbVactivet,'; s[lhd1 ing subscribers to the cou_ nty's Neb-based purchasing notification system. -1412. Review and approve bid specifications and prepare invitations to bid pursuant to provisions set forth in this chapter. 132. Check bids for accuracy and compliance with specifications and invitation to bid. 143. Make bid recommendations on all awards to the county executive. 154. Perform such other duties as may be required to further the purposes of this chapter. (Ord. 2013- 029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.040 Price quotations. Whenever practically possible, price quotations from at least three vendors shall be solicited for the acquisition of materials, supplies, services, tools, equipment or rental of personal property involving amounts greater than $ O0II 1.000 but not exceeding $-Z5;090$50 000 in a single transaction. Three price quotations will also be obtained for all contracted work constituting a public work not exceeding $40,000. Quotations for architects and engineers are subject to the requirements of Chapter 39.80 RCW. Records of all quotations obtained shall be maintained and shall be open to public inspection. Bids submitted periodically for the roster of rental equipment with operators may be used as the source of quotations for public works projects not exceeding $40,000. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.050 Vendor lists.l Whatcom County will maintain a vendor list pursuant to RCW 39.04.190. (Ord. 2013-029 Exh. A). 3.08.060 Bids and proposals required. Awards of contracts for the acquisition of materials, supplies, services, tools, equipment or rental of personal property and professional services for a nonpublic work involving amounts exceeding $-5,di00�50,000, or for a public work exceeding $40,000, will be based upon bids or proposals received in response to specifications and invitations to bid, except as follows: A. Sole source purchases shall not be required to go through competitive bidding. A purchase may be determined to be sole source by the county executive or designee when the bidding process would be futile because only one bidder could respond to the invitation. B. In the event of an emergency when the public interest or property of the county would suffer material injury or damage by delay, upon an order of the county executive declaring the existence of such emergency and reciting the facts constituting same, the requirements governing competitive bids with reference to any purchase or contract may be waived pursuant to RCW 36.32.270. C. Public works projects involving funds not exceeding the amount allowed in RCW 39.04.155, Small 50 works roster contract procedures — Limited public works process, or any successor statute, may be completed utilizing the small works roster contract award process. D. Acquisition is from another public entity. E. Contract does not require use of county funds. Proposals from architects and engineers are subject to the requirements of Chapter 39.80 RCW. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.070 Contractor's bond required for public works. Whatcom County shall comply with the requirements of RCW 39.08.010. (Ord. 2013-029 Exh. A; Ord. 2007- 004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.080 Labor and material claims. Labor and material claims shall be filed pursuant to RCW 39.08.030. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.090 Bid specifications, deposits and awards. A. In developing specifications for bids or proposals, all reasonable efforts shall be made to ensure a 1 competitive process and that a variety of vendors shall be capable of fulfilling the stated requirements of the county. Performance considerations shall be included in the specifications. However, nothing in this section shall be construed to limit the county from pursuing sole source procurement where adequate justification has been presented that such procurement is in the best interests of county operations. B. When the acquisition of materials, supplies, purchased services, tools, equipment, rental of personal property or professional services involves amounts greater than $25-,W 3 50 000 in a single transaction for a nonpublic work award or exceeding $40,000 for a public work award, the administrative services department shall be responsible for the review and approval of specifications and the preparation of invitations to bid pursuant to provisions set forth in this chapter. C. All bid specifications shall be in writing and placed on file for public inspection. D. All invitations for bids reg uests for roposaIs, and requests for qualifications will be -posted _on_the county's website. Protect announcements and bid solicitations or proposals f3,s are en file and available for ptibl;r. inspertio , shall be published in the official county newspaperand when in the county's best interest, other regional publications. Additionally, the county will affer compliementary bid packets to multiple northwest and national plan centers. Advertisements shall be published at least once in each week for two consecutive weeks prior to the last date upon which bids will be received !i,: I �-nay-be-"M4i e-d fn F the c-euRt -.Such advertisement shall state: 1. The date after which bids will not be received; 2. The character of the work to be done, or the materials, equipment or service to be purchased; and i 3.' heFe t;e specifieatiens Fnay be seen.Instruction on how to obtain additional information, including the complete bid packet. E. No bid shall be considered for public works unless it is accompanied by a bid deposit in the form of a surety bond, postal money order, cash, cashier's check, or certified check in an amount equal to five percent of the amount of the bid proposed. F. Should the bidder to whom the contract is awarded fail to enter into the contract or fail to furnish the contractor's bond within 10 days (exclusive of the date of notice) after notice of the award, the amount 51 of the bid deposit shall be forfeited to the county. Thereafter, the award shall be made to the next lowest responsive bidder. The bid deposit of an unsuccessful bidder (if his bid deposit has not been forfeited) shall be returned after the required contractor's bond of the successful bidder has been accepted. G. Bids received shall be opened and read in public on the date named in the advertisement for bids, or on a subsequent date established in a bid addendum. H. After opening, all bids shall be reviewed and referred to the requisitioning department for recommendation of award. Bids will be forwarded by the director of the administrative services department or designee with a recommendation to the county executive for award. I. After opening and award, all bids shall be filed for public inspection, and available by telephone inquiry. J. Any or all bids may be rejected for good cause. If all bids are not rejected, the award shall be to the lowest responsive bidder. In determining which is the lowest responsive bidder, the county may take into consideration the bidder's responsiveness to the county's requirements, the quality of the articles to be purchased or leased, availability of parts and service, delivery time, the tax revenue the county would receive from purchasing from a supplier located within its boundaries and prior dealings with the bidder. K. The county may issue requests for proposals for services, or for technologically complex equipment including but not limited to computers, software, or telephone systems. If all proposals are not rejected, the award shall be to the highest rated proposal, taking into account the selection criteria published in the request for proposals. L. The county may award to multiple bidders for the same commodity or service when the bid specifications provide for special circumstances in the determination of which vendor is truly the lowest price to the county. Special circumstances may include differences in ability to deliver, delivery time, availability of material, special loading or unloading conditions, total cost including transport or labor if not included with bid item, performance of the delivered material, location of the source, and proximity to the delivery point. M. Contracts that require county council approval per 3.08.100_ entered these which iFiyolye externally funded pass rh F01 inh_ � , may be administratively amended to a cumulative amount not to exceed $28;00A 25 000 or 1.5%10% of contract amount, whichever is reaterf^r PFOf SSienal services and $50 d-s; larger amounts require council approval.--No- administrative contract amendment may exceed authorized expenditure authnrity. (Ord. 2015-011 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.095 Small works roster contract award process. This section may be utilized in the acquisition of contractual services necessary to complete public works projects as allowed under RCW 36.32.250, and consistent with RCW 39.Od.155, in order to use a small works roster contract award process in lieu of formal sealed bidding, the county shall: A. Publish at least twice each year in the official county newspaper a notice of the existence of the roster and solicit the names of contractors that are qualified for the requested categories of work. Notice shall be published at least once in each week for two consecutive weeks prior to the last date upon which response to the notice will be received, and may be published for as many additional publications as shall be considered in the county's interest. B. In every case a certain category of work is to be accomplished under this section, all contractors responding to the above notice and indicating their qualification to perform the category of work proposed shall be contacted and provided an invitation to bid. C. Include in the invitation to bid the date on which bids will be received, the scope and nature of work 52 to be performed, the materials and equipment to be furnished, and, if not provided otherwise in the invitation to bid, where the detailed plans and specifications may be seen and obtained. D. Otherwise apply the provisions of WCC 3.08.090(B), (E), (F), (G), (H), (1), (J), and (M). E. Forgo the advertisement of a contract awarded through use of the small works roster. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A). 3.08.100 Council approval required. County Council approval is required for the following: t j 5Q nnn Ana t FOrrr pirefe%ienal seFYiee EGAtFaets exeleeding $50,9Q0 and all real leasesD.19" A. Contracts or bid awards exceeding $50,000 and all real property leases must be ....,.Rand to the "oil-fo-r-appreval, except when, pursuant to: 1. Exercising an option contained in a contract or lease previously approved by the council. 2. Contract is for the design, construction right-of-way acquisition, professional services or other capital costs approved by the county council in a capital buffet appropriation ordinance. 3. Contract or bid award for supplies oran4 for equipment approved in a capital budget appropriation ordinance. 4. Contract is for technical support and software maintenance from the developer of proprietary software which is currently being used by Whatcom County. 5. Contract is for manufacturer's technical support and hardware maintenance of electronic systems. 6_Pursuant to and within the scope of a declaration of emergency made by the county executive under WCC 3.08.060(B). The county executive, pursuant to a declaration of emergency, shall submit the contract to the county council for informational purposes at the council's next regular or special meeting. (Ord. 2015-011 Exh. A; Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 2000-025; Ord. 97-034 Exh. A; Ord. 96-034; Ord. 93-042 Exh. H). B. All informational materials distributed to more than 25% of county residences for the purpose of F Fora i nform i ng or educating the ublic on a specific capita I proiect levy or tax. Numl C, ... at: 0 3.08.110 Unregistered or unlicensed contractors prohibited. No contract shall be entered into or executed with any contractor who is not registered or licensed as required by the laws of this state (except only as permitted under RCW 39.06.010 for highway projects for contractors who have been prequalified as required under RCW 47.28.070). (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.120 Joint purchasing. The county may enter into agreements with the state or with any agency, political subdivision, or unit of local government to purchase goods or services cooperatively. Joint purchasing services are hereby authorized and encouraged with any other municipal corporation in Whatcom County. Assistance to the participating municipal corporation may be given in any way except that a sale or contract shall be between the vendor and the participating municipal corporation and not Whatcom County. Bids and quotes may be obtained jointly based on volume if it is in the county's best interest to do so. (Ord. 2013- 029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.130 Amendments to chapter. 53 The county council reserves the exclusive right to alter, amend, rescind, abrogate, delete, supersede or replace the provisions of this chapter, or any part thereof, in any manner not inconsistent with state law. Whether or not the county council takes action, the provisions of this chapter shall be deemed automatically altered, amended, or superseded to conform to any mandatory state administrative ruling or statute, as of the effective date of any such enactment appertaining to the matters covered in this chapter, to the effect that the provisions of this chapter shall at all times conform to, and never conflict with, said state laws and regulations. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 3.08.140 Severability. If any provision of this chapter is held to be invalid, the remainder of the chapter shall remain in effect. (Ord. 2013-029 Exh. A; Ord. 2007-004 Exh. A; Ord. 97-034 Exh. A; Ord. 93-042 Exh. H). 1 Prior legislative history: Ord. 97-034 repealed WCC 3.08.050. Ord. 93-042 was formerly codified in the section. 54 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-241 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 2 CS [ L ' � ` JUL19 21 ' A COUNCIL 7126116 Intro Division Head: 8/9/16 Finance Committee; Council Dept. Head: Prosecutor: G �� Purchasing/Budget: Executive: TITLE OF DOCU T: 2016 Supplemental Budget Request #13 ATTACHMENTS: Ordinance, Memoranda & Budget Modification Requests SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Supplemental #13 requests funding from the General Fund: 1. To appropriate $100,000 in the Assessor's Office to fund continuation of refinery appeals defense. 2. To appropriate $5,000 in the Sheriffs Office to fund boating safety patrols from grant proceeds. 3. To appropriate $5,000 in the Sheriff's Office to fund overtime for drug enforcement investigations from reimbursement contract #RL-16-0014 proceeds. 4. To appropriate $5,000 in the Sheriffs Office to fund overtime for drug enforcement investigations from reimbursement contract #RL-16-0018 proceeds. 5. To appropriate $46,200 in Non -Departmental to fund What -Comm E911 pass -through grant. COMMITTEE ACTION. • COUNCIL ACTION: 7/26/2016: Introduced 6-0, Donovan absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 55 PROPOSED BY: Executive INTRODUCTION DATE: 7/26/16 ORDINANCE NO. AMENDMENT NO. 13 OF THE 2016 BUDGET WHEREAS, the 2015-2016 budget was adopted November 25, 2014; and, WHEREAS, changing circumstances require modifications to the approved 2015-2016 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Whatcom County Council. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2015-2016 Whatcom County Budget Ordinance #2014-065 is hereby amended by adding the following additional amounts to the 2016 budget included therein: Fund Expenditures Revenues Net Effect General Fund Assessor 100,000 - 100,000 Sheriff's Office 15,000 (15,000) - Non -Departmental 46,200 1 (46,200) - Total General Fund 161,200 (61,200)1 100,000 Total Supplemental 161,200 (61,200)1 100,000 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prosecutor 2016. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2016_Suppl\Supplementa1 #13-2016.docx 56 WHATCOM COUNTY Summary of the 2016 Supplemental Budget Ordinance No. 13 Department/Fund Description Increased (Decreased) Expenditure (Increased) Decreased Revenue Net Effect to Fund Balance (Increase) Decrease General Fund Assessor To fund continuation of refinery appeals defense. 100,000 - 100,000 Sheriffs Office To fund boating safety patrols from grant proceeds. 5,000 (5,000) - Sheriffs Office To fund overtime for drug enforcement investigations from reimbursement contract #RL-16- 00 14 proceeds. 5,000 (5,000) - Sheriffs Office To fund overtime for drug enforcement investigations from reimbursement contract #RL-16- 00 18 proceeds. 5,000 (5,000) - Non -Departmental To fund What -Comm E911 pass -through grant. 46,200 (46,200) Total General Fund 161,200 (61,200) 100,000 Total Supplemental 161,200 (61,200) 100,000 57 Supplemental Budget Request Status: Pending Assessor Suppl lD # 2174 Fund 1 Cost Center 300 Originator. Keith Willnauer Expenditure Type: One -Time Year 2 2016 Add'1 FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Continuation of Refinery Appeals Defense Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description 6630 Professional Services Request Total la. Description of request. Amount Requested $100,000 $100,000 Whatcom County's two Cherry Point petroleum refineries have appealed their 2013, 2014, and 2015 property valuations. They have placed over 310 million dollars of valuation into controversy. The Washington State Board of Tax Appeals will hear the case. The Whatcom County Assessor's Office with the assistance of the Washington State Department of Revenue is responsible for the defense. The Assessor's Office will continue to contract professional services with specialty in this litigation arena to support the County's position. Approximately $200,000 has been spent or obligated in this effort to date. This supplemental requests additional budget authority to be able to complete this case in 2016. 1 b. Primary customers: The effected taxing districts including Whatcom County, the Port of Bellingham, the Rural Library, Fire District #7, and the Blaine and Ferndale School Districts. Also, the taxpayers in all of the effected districts. 2. Problem to be solved. The Assessor's Office does not have the available staff resource and expertise to perform the required defense. The negative consequences for substantial valuation reductions and associated tax refunds are significant. Taxpayers will be effected by higher property tax bills and diminished service delivery from taxing district budget impacts. 3a. Options /Advantages: The parties are significantly distant in their initial opinions of value. No reasonable settlement is likely. The scope of damage to taxpayers and taxing districts requires a fully adequate defense. 3b. Cost savings: The cost savings are estimated to be over 1 million dollars in direct taxing district budget revenue and an additional increase in property tax bills of $80.00 for a 250K valuation for every Whatcom County property taxpayer. 4a. Outcomes: The Washington State Board of Tax Appeals will deliver it's 2013 decision following the cause's scheduled August, 2016 hearings conclusion. 4b. Measures: The ruling will establish both the outcome and the measure of success. 5a. Other Departments/Agencies: The Whatcom County Prosecuting Attorney's Department has assigned outside legal counsel and will also be required to provide additional Deputy Civil Prosecuting Attorney assistance. 5b. Name the person in charge of implementation and what they are responsible for. The Assessor's Office's assigned Deputy Civil Prosecuting Attorney is Jeffrey Sawyer. He will be Friday, July 15, 2016 Rpt: Rpt Suppl Regular 58 Supplemental Budget Request Status: Pending Assessor Supp'l to # 2174 Fund 1 Cost Center 300 Originator. Keith Willnauer responsible for legal defense administrative support, strategic input, analysis, and document preparation, presentations and review. 6. Funding Source: County Current Expense Friday, July 15, 2016 Rpt: Rpt Suppl Regular 59 WH-1-10CCOM COUNTY i E;G IFT` S :��G:� � E BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 MEMORANDUM TO: Jack Louws, County I FROM: Sheriff Bill Elfo DATE: March 15, 2016 JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEiTE COOLEY CHIEF INSPECTOR WENDY JONES CHIEF OF CORRECTIONS REe-%- EIVED L; � JUL 11 2016 SUBJECT: Supplemental Budget ID# 2172 Recreational Boating Safety Grant 2016 Increase JACK LOUWS COUNTY EXECUTIVE The attached Supplemental Budget requests budget authority for the 2016 Recreational Boating Safety Grant increase in award Background and Purpose The Sheriff's Office received a Recreational Boating Safety Grant Award of $17,690.70 from Washington State Parks and Recreation Commission to conduct on the water patrols during the peak boating period from March 1 through September 30, 2016 (Whatcom County Contract #201603002). In a letter dated July 8, 2016, The Washington State Parks and Recreation Commission awarded an additional $5,000 to the Sheriff's Office in recognition of our long term support of the Recreational Boating Safety (RBS) Program and for providing State Parks RBS program instructors to conduct basic and advanced marine law enforcement training. Funding Amount and Source Additional $5,000 provided by Washington State Parks and Recreation Commission, Recreational Boating Safety Federal Financial Assistance Grant, CFDA No. 97.012. Please contact Undersheriff Jeff Parks at extension 6610 if you have any questions. Thank you. Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. Supplemental Budget Request Status: Pending Sheriff Operations Fund 1 Cost Center 1003512006 Originator. Dawn Pierce Expenditure Type: One -Time Year 2 2016 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Recreational Boating Safety Grant 2016 Increase I.\ Department !�cad S—ignature (Required on Hard Copy Submission) Costs: Object Object Description Amount Requested 4333.8701 Boating Safety ($5,000) 6110 Regular Salaries & Wages $95 6140 Overtime $4,226 6210-----_---Retirement -- ------- - _------ $226 6230 Social Security $331 6259 Worker's Comp-Interfund $122 Request Total $0 la. Description of request: The Sheriffs Office will conduct additional on -the -water patrols to increase education and enforcement activities encouraging greater compliance with boating safety laws in an effort to reduce boating -related loss of life, personal injury, and property damage. 1b. Primary customers: Whatcom County citizens and visitors 2. Problem to be solved: The Sheriffs Office is currently the only law enforcement agency in Whatcom County that operates a state approved boating safety program under WAC 352-65. The Sheriff's Office provides recreational boating safety patrols and enforcement of both county code and state law. 3a. Options / Advantages: Grant funds are awarded specifically for boating safety education, assistance, and enforcement activities. 3b. Cost savings: Cost savings of $5,000.00 4a. Outcomes: Marine patrols will be conducted during the peak boating period from May to September 2016. 4b. Measures: Written vessel inspections using approved State Parks inspection forms will be completed and submitted. 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Washington State Parks and Crecreation Commission, Recreational Boating Safety (RBS) Federal Financial Assistance Grant. Funds originate from Department of Homeland Security, Boating Safety Financial Assistance Program, CFDA No. 97.012. Sunday, July 10, 2016 Rpt: Rpt Suppl Regular 61 Don Hoch Director STATE OF �� 5 r oyOZ 1889 STATE OF WASHINGTON WASHINGTON STATE PARKS AND RECREATION COMMISSION 1111 Israel Road S.W. « P.O. Box 42650 * Olympia, WA 98504-2650 ® (360) 902-8500 TDD Telecommunications Device for the Deaf: 800-833-6388 www.parks.wa.gov To: Whatcom County Sheriff's Office, Sheriff Bill Elfo From: Wade Alonzo, Washington State Parks Boating Program, Boating Law Administrator Subject: Grant increase for instructor support Date: Friday, July 08, 2016 In recognition of the long-term support of the Recreational Boating Safety program and the fiscal, personnel, and logistic expenditures made by your agency by providing instructors to State Parks we are increasing your grant amount. Your agency for providing instructor(s) to the State Parks RBS program will be immediately awarded an additional $5000.00 to your Federal Financial Assistance Grant. Your current grant amount of $17,690.70 is increased to $22,690.70 upon receipt of this notification. As State Parks has grown the number, and types of boating courses offered, it has required much more support and participation from your personnel and your agency. This bonus amount may change from year to year based on multiple factors that affect the Federal Financial Assistance Grants. However, it is State Parks intention to compensate your agency for actively supporting Recreational Boating Safety in Washington State by going beyond the call of duty. Without your personnel and the support provided to them by your agency, our ability to offer basic and advanced level marine law enforcement training would be severely impacted. Please do not hesitate to email or call Hoyle Hodges 360-902-8835 ho, l�geskparks.wa. ov Marine Law Enforcement Coordinator if there are any questions. M* WMCOM COUNTY SHERIFF'S O.t HCE BILL ELF'O SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 Memorandum TO: Jack Louws FROM: Sheriff Bill DATE: July 11, 201 JUL 11, 2010 JACK L US 4611-- COUNTY EXECUTIVE SUBJECT: Supplemental Budget ID #2170 Reimbursable OT — OCDETF DEA #RL-16-0014 The attached Supplemental Budget requests budget authority for overtime to participate in Federal Organized Crime Drug Enforcement Task Forces (OCDETF) investigations. Background and Purpose The Sheriff's Office received approval from the U.S. Department of Justice Drug Enforcement Administration to participate in the investigation and prosecution of major drug trafficking organizations and will reimburse Whatcom County Sheriff's Office overtime for deputies engaged in these Federal Organized Crime Drug Enforcement Task Forces (OCDETF) investigations. Deputies assigned to assist in OCDETF investigations may perform a variety of functions, including: interviewing witnesses, conducting surveillance, performing undercover assignments, handling informant transportation and/or prisoner transportation, preparing and executing search and arrest warrants, serving subpoenas, assisting with trial preparation, and testifying at trials. Funding Amount and Source Funding of $5,000 will be provided by the U.S. Department of Justice Organized Crime Drug Enforcement Task Forces (OCDETF) State and Local Overtime (SLOT) Fund. Please contact Undersheriff Jeff Parks at extension 6610 if you have any questions. Thank you. 63 Our Vision: The Office of Sheriff: Dedicated to making Whatcom County the Safest in the State through Excellence in Public Safety. Supplemental Budget Request Status: Pending Sheriff Operations supp't In # 217o Fund 1 Cost Center 1003516001 Originator: Dawn Pierce Expenditure Type: One -Time Year 2 2016 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Reimbursable OT - OCDETF DEA #RL-16-0014 X -------------_Ll Depa ent Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4342.1013 Reimb Drug Enforcement ($5,000) 6110 Regular Salaries & Wages $116 6140 Overtime $4,303 6210 Retirement $130 6230 Social Security $338 6259 Worker's Comp-Interfund $113 Request Total $0 la. Description of request: The Sheriffs Office received approval from the U.S. Department of Justice Drug Enforcement Administration to participate in the investigation and prosecution of major drug trafficking organizations. The Organized Crime Drug Enforcement Task Forces (OCDETF) State and Local Overtime (SLOT) Fund will pay for overtime of Whatcom County Sheriff's Office deputies engaged in Federal OCDETF investigations. 1b. Primary customers: Citizens of Whatcom County. 2. Problem to be solved: Additional budget authority is needed to provide the investigative services. 3a. Options /Advantages: 3b. Cost savings: Cost savings of $5,000 4a. Outcomes: Sheriff's Office Drug Task Force deputies will participate in Federal OCDETF investigations. 4b. Measures: Activity logs will be completed and monthly reports submitted. 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: $5,000 will be provided by U.S. Department of Justice Organized Crime Drug Enforcement Task Forces (OCDETF) State and Local Overtime Fund. Monday, July 11, 2016 Rpt: Rpt Suppl Regular 64 Wp HATI CO pC"�kO"�4I�.IgryNTY RILL. ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 Memorandum JEFF PARKS UNDERSHERIFF ART EDGE CHIEF DEPUTY DOUG CHADWICK CHIEF DEPUTY STEVE COOL,EY CHIEF INSPECTOR WENDY JOKES CHIEF OF CORRECTIONS TO: Jack Louws, County Ex e e RECEIVED FROM: Sheriff Bill Elf t JUL 'AlJ /- '6! DATE: July 11, 2016 JACK.OUW SUBJECT: Supplemental Budget ID #2171 BOUNTY CNLJ1T 1V Reimbursable OT — OCDETF DEA #RL-16-0018 The attached Supplemental Budget requests budget authority for overtime to participate in Federal Organized Crime Drug Enforcement Task Forces (OCDETF) investigations. Background and Purpose The Sheriff's Office received approval from the U.S. Department of Justice Drug Enforcement Administration to participate in the investigation and prosecution of major drug trafficking organizations and will reimburse Whatcom County Sheriff's Office overtime for deputies engaged in these Federal Organized Crime Drug Enforcement Task Forces (OCDETF) investigations. Deputies assigned to assist in OCDETF investigations may perform a variety of functions, including: interviewing witnesses, conducting surveillance, performing undercover assignments, handling informant transportation and/or prisoner transportation, preparing and executing search and arrest warrants, serving subpoenas, assisting with trial preparation, and testifying at trials. Funding Amount and Source Funding of $5,000 will be provided by the U.S. Department of Justice Organized Crime Drug Enforcement Task Forces (OCDETF) State and Local Overtime (SLOT) Fund. Please contact Undersheriff Jeff Parks at extension 6610 if you have any questions. Thank you. nr Our Vision: The Office of Sheriff: Dedicated to .making Whatcom County the Safest in the State through Excellence in PH?,c, Safety. Supplemental Budget Request status: Pending Sheriff Operations sc,pp7 io # 2171 Fund 1 Cost Center 1003516002 Originator. Dawn Pierce Expenditure Type: One -Time Year 2 2016 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Reimbursable OT - OCDETF DEA #RL-16-0018 X hi A, Depa m Head Signature (Required on Hard Copy Submissio) Date Costs: Object Object Description Amount Requested 4342.1013 Reimb Drug Enforcement ($5,000) 6110 Regular Salaries & Wages $116 6140 ----------._ Overtime _.-------------- $4,303 6210 Retirement $130 6230 Social Security $338 6259 Worker's Comp-Interfund $113 Request Total la. Description of request: The Sheriffs Office received approval from the U.S. Department of Justice Drug Enforcement Administration to participate in the investigation and prosecution of major drug trafficking organizations. The Organized Crime Drug Enforcement Task Forces (OCDETF) State and Local Overtime (SLOT) Fund will pay for overtime of Whatcom County Sheriff's Office deputies engaged in Federal OCDETF investigations. 1b. Primary customers: Citizens of Whatcom County. 2. Problem to be solved: Additional budget authority is needed to provide the investigative services. 3a. Options /Advantages: 3b. Cost savings: Cost savings of $5,000 4a. Outcomes: Sheriffs Office Drug Task Force deputies will participate in Federal OCDETF investigations. 4b. Measures: Activity logs will be completed and monthly reports submitted. 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: $5,000 will be provided by U.S. Department of Justice Organized Crime Drug Enforcement Task Forces (OCDETF) State and Local Overtime Fund. Monday, July 11, 2016 Rpt: Rpt Suppl Regular 66 WHATCOM COUNTY "G0M coo EXECUTIVE'S OFFICE A County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM To: Whatcom County Executive Jack Louws and Whatcom County Council Members From: Suzanne Mildner, Grant Coordinator "> Jack Louws County Executive Subject: Supplemental Budget Request for E911 funding (Pass through Grant to What -Comm) Date: July 13, 2016 The County is in the process of entering into a subrecipient agreement with the City of Bellingham to facilitate a pass -through grant from The Washington State Military Department. The grant funding is for FY2015-17 Emergency 911 operational expenses for What -Comm Communications. The grant contract period is July 2016 through August 2017, for a total of $46,200. The execution of the Subrecipient Agreement will be contingent upon your approval of this budget authority. Accordingly, we are requesting approval for supplemental funding in the amount of $46,200 to support 911 operations at What -Comm Communications. Office (360) 778-5200 FAX (360) 778-5201 TRS: 711 67 Supplemental Budget Request Status: Pending Executive Supp9 ID # 2173 Fund 1 Cost Center 4281 Originator. Suzanne Mildner Expenditure Type: One -Time Year 2 2016 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. What -Comm E911 Operations 2016-17 1 X 7•/L/./� Department He d Si re (�equired on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4334.0182 State Enhanced 911 Funds ($46,200) 7220 Intergov Subsidies $46,200 Request Total $0 1a. Description of request: This is an annual state -funded pass -through grant from the Washington State Military Department to reimburse the What -Comm Communications Center for eligible E911 operating expenditures under WAC 118-66-050 (eligible professional development and operational expenses). 1b. Primary customers: City of Bellingham, What -Comm Communications Center 2. Problem to be solved: What -Comm is able to access this State Military Department funding by way of passing through the local county government (by Subrecipient Agreement) 3a. Options /Advantages: This intergovernmental grant agreement is a vehicle for accessing this fund source. The acceptance of these grant funds ultimately reduces the cost to the community for 911 services. 3b. Cost savings: N/A 4a. Outcomes: 911 services cost reductions for our community due to state subsidies 4b. Measures: N/A 5a. Other Departments/Agencies: City of Bellingham, What -Comm Communications 5b. Name the person in charge of implementation and what they are responsible for: Greg Erickson, E911 Coordinator 6. Funding Source: Washington State Military Department Wednesday, July 13, 2016 Rpt: Rpt Suppl Regular 68 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-246 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator Paula Harris 14k � ' �„�e- j � � 8/9/16 Finance/WCFCZDBS Division Head: Gary Stoyka l 1 Dept. Head: -7 it Jon Hutchings 2-6, Pro sGibson fi& Dan 071a� COUNCIL Purchasing/Budget: 7/27/16 Brad Bennett Bb e� Executive: <� a 00, do Q e 0 TITLE OF DO U NT.° Interlocal Agreement between the City of Lynden and the Whatcom County Flood Control Zone District for the City's Pepin Creek Project and Design of Bank Stabilization Measures along Double Ditch Creek ATTACHMENTS: Cover Memo SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The proposed Interlocal Agreement provides for up to $210,000 of Flood Control Zone District funding to be provided to the City of Lynden as reimbursement of the cost of design of bank stabilization measures associated with the Coty's Pepin Creek project. COMMITTEE ACTION.° COUNCIL ACTION.° Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.uslcouncil. • • WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS DIRECTOR �pOM CO P G.y �gShING'tot' TO: The Honorable Members of the Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Jon Hutchings, Public Works Director FROM: Paula J. Harris, River and Flood Manager U;' Gary S. Stoyka, Natural Resources Manag RIVER AND FLOOD 322 N. Commercial Street, Suite 120 Bellingham, WA 98225-4042 Phone: (360) 778-6230 Fax: (360) 778-6231 www.whatcomcounty.us 7 RE: Interlocal Agreement with the City of Lynden for the City's Pepin Creek Project DATE: July 27, 2016 Enclosed are two (2) originals of Interlocal Agreement between the Whatcom County Flood Control Zone District (FCZD) and the City of Lynden for your review and signature. Requested Action Public Works respectfully requests that the County Executive, and the County Council, acting as the Flood Control Zone District (FCZD) Board of Supervisors, enter into an interlocal agreement with the City of Lynden for the sum of $210,000 for reimbursement of bank stabilization design costs associated with their Pepin Creek project. Background and Purpose The City of Lynden has been developing a project to address flooding in north Lynden in the vicinity of Benson and Double Ditch Roads. Phase 1 of the project involves relocating the stream that currently flows in a ditch along Benson Road into a new stream corridor located between Double Ditch and Benson Roads. The Benson Road ditch currently flows east into Fishtrap Creek, but will be rerouted to the west to flow into Double Ditch, a tributary that enters Fishtrap Creek further downstream than the current ditch outlet. There are existing bank erosion and stability issues on Double Ditch Creek downstream of where the new creek, known as Pepin Creek, will outlet. The City of Lynden has requested financial assistance from the FCZD to support design of bank stabilization measures to address these areas. Funding Amount and Source This interlocal agreement is in the amount of $210,000, consistent with the budget allocation in the adopted 2016 FCZD budget. Please contact Paula Harris at extension 6285 or Gary Stoyka at extension 6218, if you have any questions or concerns regarding the terms of this agreement. Encl 70 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SKEET 70 1 o Z I Originating Department: Public Works Division/Program: (i.e. Dept. Division and Program) River and Flood Contract or Grant Administrator: Paula Harris Contractor's / Agency Name: City of Lynden Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ® If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: 169114 Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ® Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract amount and any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments): • Professional Services Agreement above $20,000. $ 210,000 • Bid is more than $50,000. This Amendment Amount: • Professional Service Contract Amendments that have an increase greater than $20,000 and other contracts with a $ cumulative increase greater than $50,000. Total Amended Amount: $ 210,000 RENEWALS: Council approval is not required when exercising an option to renew that is provided in the original contract. Summary of Scope: The proposed Interlocal Agreement provides funding to the City of Lynden for streambank stabilization design so that the rerouting of flows associated with the City's Pepin Creek project will not exacerbate existing bank stability problems in the downstream system. Term of Contract: Expiration Date: Upon completion of project Contract Routing: 1. Prepared by: Paula Harris Date: 2. Attorney signoff: Date: 3. AS Finance reviewed: bbennett Date: 4. IT reviewed (if IT related): Pl Date: 5. Contractor signed: Date: 6. Submitted to Exec.: Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: Last edited 02/10/16 7-27-16 07 9s !i 7/27/16 71 CONTRACT NO, INTERLOCAL AGREEMENT BETWEEN THE CITY OF LYN EN AND THE P WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT RELATING THE " CITY'S PEPIN CREEK PROJECT AND DESIGN OF BANK STABILIZATION MEASURES ALONG DOUBLE DITCH CREEK This Agreement is made and entered into by and between the City of Lynden, a Washington municipal corporation (hereinafter referred to as the "City") and the Whatcom County Flood Control Zone District, a Washington quasi -municipal corporation (hereinafter referred to as the "District"). WHEREAS, the area of the City, the Lynden Urban Growth Area, and unincorporated Whatcom County north of Main Street and west of Benson Road experience drainage issues from flood waters originating in Canada and the north County that flow south in the Benson Road ditch and Double Ditch ditches through Lynden to Fishtrap Creek; and WHEREAS, these flood events cause life safety, economic and social impacts to the City and north County residents; and WHEREAS, the City has been working to develop a new Pepin Creek channel/corridor located between Benson and Double Ditch Roads to safely convey these flood waters to Fishtrap Creek (Pepin Creek project); and WHEREAS, existing bank erosion and stability issues downstream of Main Street may preclude adding the combined flow of both roadside ditch systems (Double Ditch and Benson Roads) to this new Pepin Creek channel until these issues can be investigated; and WHEREAS, the City and the District realize and understand the benefits of the proposed Pepin Creek project to their respective entities; and WHEREAS, the Flood Control Zone District Advisory Committee unanimously supported inclusion of funding for bank stabilization design in the District's budget, provided the City works in good faith to supply any excess material generated from the Pepin Creek project to the District for use in levee back -sloping, and provided the City acquired the lands needed to implement Phase 1 of the Pepin Creek project (up to the airport property); and WHEREAS, the City has acquired all but one parcel necessary to complete the Pepin Creek, from multiple owners, and is currently negotiating with the final property owner for acquisition of the last remaining parcel; and WHEREAS, the City fully expects to finalize negotiations with this last property owner and acquire said property by not later than September 15, 2016; NOW, THEREFORE, it is agreed by the parties hereto as follows: 72 1. PURPOSE. The purpose of this Agreement is to set the terms whereby the District will provide the City funding for streambank design consulting services associated with the Pepin Creek project. No property will be acquired or disposed of pursuant to this Agreement. 2. PARTY RESPONSIBILITIES A. CITY OF LYNDEN RESPONSIBILITIES 1. The City shall retain a consultant qualified in streambank stabilization design and manage the consultant contract. The City will comply with all applicable laws, rules and regulations relating to procuring these services. 2. The City shall provide the District copies of the deliverables produced by the consultant including design reports and preliminary and final construction plans. 3. The City shall request reimbursement from the District for the consultant services at least annually and not more than quarterly throughout the design process. Copies of consultant invoices should be provided to document the expenses incurred by the City for which reimbursement is requested. 4. When Phase 1 or subsequent phases of the Pepin Creek project are put out to bid, the City shall include provisions in the contract documents that identify one or more potential permitted waste site(s) to be provided by the District for any excess material generated by said project that is to be exported off -site. B. FLOOD CONTROL ZONE DISTRICT RESPONSIBILITIES 1. The District shall provide up to two -hundred and ten thousand dollars ($210,000) of financial support to the City for consultant services to design streambank stabilization measures associated with the Pepin Creek project. 2. If the City indicates that it anticipates excess material will be generated during any phase of construction of the Pepin Creek project, the District will evaluate said material for its suitability for use in levee back -sloping, and if suitable, the District will obtain permits for the material to be used to back -slope the levee, providing a permitted waste site for the excess material. 3. PAYMENT The District will provide payment to the City to reimburse the cost of consultant design services provided for bank stabilization measures associated with the Pepin Creek project in an amount not to exceed $210,000 within thirty (30) days of receiving the City's reimbursement request. 4. TERM OF AGREEMENT The period of performance for this Agreement shall commence on the date of execution and shall expire and terminate upon the final construction phase of the Pepin Creek project. 5. AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual agreement of all of the parties hereto. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 991 6. DISPUTES In the event that a dispute arises under this Agreement, a dispute board shall resolve the dispute in the manner set forth in this section. The parties to this Agreement shall each appoint a member to the dispute board. The dispute board shall evaluate the facts, contract terms and applicable statutes and rules and make a determination of the dispute. The determination of the dispute board shall be final and binding on the parties hereto. In the performance of this Agreement, it is mutually understood and agreed upon by the parties hereto that this Agreement shall be governed by the laws and regulations of the State of Washington and the federal government, both as to interpretation and performance. 7. ASSIGNMENT The obligations to be performed by the parties under this Agreement are not assignable or delegable by any party in whole or in part, without the prior written consent of both of the other parties. A failure by any of the parties to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. 9. TERMINATION This Agreement may be terminated without cause by any Party effective upon sixty (60) days written notice, mailed postage pre -paid by certified mail, return receipt requested, to all remaining Parties last known address for the purposes of giving notice under this section. If this Agreement is so terminated, the Parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. 10. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. 11. INTEGRATION OF AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. 12. CONTRACT MANAGEMENT No new separate legal or administrative entity is created to administer the provisions of this Agreement. No agent, employee, servant, or representative of any party shall be deemed to be an employee, agent, servant, or representative or any other party for any purpose. Each party will be solely responsible for its acts and for the acts of its agents, employees, and servants during the term of this Agreement. The Contract Administrator for each of the parties shall be 74 responsible for and shall be the contact person for all communications regarding the performance of this Agreement. The Contract Administrator for the City is: Steve Banham, Director City of Lynden Public Works Department 300 4th Street Lynden, WA 98264 (360) 354-3446 banhamsglyndenwa.org The Contract Administrator for the District is: Paula Harris, River and Flood Manager Whatcom County Public Works Department 322 N. Commercial Street, Suite 120 Bellingham, WA 98225 (360) 778-6285 pharris e,co.whatcom.wa.us 13. COUNTERPARTS This Agreement may be executed in multiple counterparts and each shall be deemed an original, but all of which together constitute a single instrument. 14. EFFECTIVE DATE This Agreement shall be in full force and effect upon full execution by the Parties and filing with the Whatcom County Auditor or posting on each Party's website, whichever method of filing is chosen. IN WITNESS WHEREOF, the parties have executed this Agreement. [43 Y1 01112 RIAQ1110111 By: Title: Date: Approved as to form: Attorney for the City of Lynden WIIATCOM COUNTY FLOOD CONTROL ZONE DISTRICT UA Title: Date: Approved as to form: &WAI "", Chief Civil Deputy Prosecutor for Whatcom County 75 2016-247 WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: K.Olason 7 R E � E �✓ E DO 8/9/16 Finance Division Head: ��°G -� 8/9/16 FCZD Board of K. Christensen/R. Ne Z J` AUG Supervisors Dept. Head: -7/2- r 1 J. Hutchings WHATCOM COUNTY COUNCIL Prosecutor: D. Gibson 6 ( L 6.1/0, 6 / Purchasing/Budget: Bb 07/26/16 B. Bennett Executive: J. L,ouws TITLE OF DOCU Design Services for Harborview Road Drainage Improvement Project ATTACHMENTS: 1. Memo 2: Contract information sheet 3. Contract and related exhibits SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Anchor QEA, LLC will provide engineering design assistance for the Harborview Road Drainage Improvement project. This contract phase will provide conceptual design options based on topographic survey and other field work. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatco►u.wa.us/council. v2.0 W� WHATCOM COUNTY PUBLIC WORKS D EPARTM EN T ,bn Hutchings DIRECTOR '�GpIN c�G �gshl NG,10 MEMORANDUM STORMWATER - NMES 322 N. Commercial Street, Suite210 Bellingham, WA 98225-4042 Stormwater: (360) 778-6210 FAX: (360) 778-6201 N PD ES: (360) 778-6299 FAX: (360) 778-6211 www.whatcomcountv.us RE: Contract with Anchor QEA, LLC for Drainage Design Services for the Harborview Road Drainage Improvement Project Please find attached for your review and approval two (2) originals of a contract for services between Anchor QEA, LLC and Whatcom County for design services on the Harborview Road Drainage Improvement Project. ■ Background and Purpose Drainage problems along Harborview Road were identified in the Birch Bay Central North and Central South Subwatershed Master Plans as an area of localized flooding due to undersized stormwater infrastructure. Anchor QEA, LLC will provide design services for the Birch Bay Watershed and Aquatic Resources Management (BBWARM) District Harborview Road Drainage Improvement Project. Anchor QEA, LLC was chosen through a competitive selection process (direct letter invitations using RFQ 15-01). ■ Funding Amount and Source This contract in the amount of $105,440.00 will be funded by existing authority in the BBWARM District budget (cost center 169250, work order 18711). Please contact Kraig Olason at extension 6301 if you have any questions regarding this agreement. Enclosures Attachments V2.0 77 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET Originating Department: mr _ m._...... �.o.... „ .�.. r . _, .tI N� r....,r 3 m i uvuC vv vine Division/Program: (i.e. Dept. Division and Program) BBWARM (Stormwater) Contract or Grant Administrator: Kraig Olason, Senior Planner Contractor's / Agency Name: Anchor QEA, LLC Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ® If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ® No ❑ If yes, RFP and Bid number(s): RFQ 15-01 Cost Center: 169250, WO 18711 Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ® Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ❑ Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount: (sum of original contract amount and any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments): • Professional Services Agreement above $20,000. $ ** 105,440.00*** • Bid is more than $50,000. This Amendment Amount: • Professional Service Contract Amendments that have an increase greater than $20,000 and other contracts with a $ cumulative increase greater than $50,000. Total Amended Amount: $ RENEWALS: Council approval is not required when exercising an option to renew that is provided in the original contract. Summary of Scope: Anchor QEA, LLC will provide preliminary design assistance for a phased project on Harborview Road. The contract includes public meetings, full topographic survey and up to three design options for addressing flooding and improved stormwater conveyance along Harborview Road and a portion of Birch Bay Drive. Term of Contract: Expiration Date: April 28, 2017 Contract Routing: 1. Prepared by: K. Olason Date: 2. Attorney signoff: Daniel L. Gibson _.r"i /a; Jt Date: 3. AS Finance reviewed: bbennett Date: 4. rr reviewed (if rr related): Date: v2.0 5. Contractor signed: 6. Submitted to Exec.: 7. Council approved (if necessary): 8. Executive signed: 9. Original to Council: Date: Date: Date: Date: Date: 7/25/16 07126116 07/26/16 a:] Whatcom County Contract No. i t 1 l .j CONTRACT FOR SERVICES Harborview Road Drainage Improvement Project Anchor QEA, LLC Anchor QEA, LLC hereinafter called Contractor, and Whatcom County Flood Control Zone District, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 7 , Exhibit A (Scope of Work), pp. 8 to 14 , Exhibit B (Compensation), pp. 15 to 16 , Exhibit C (Certificate of Insurance), p 17 , Attachment A (Survey Scope of Work and Budget), pp 18 to 25 Copies of these items are attached hereto and incorporated herein by this reference as if fully set forth herein. The term of this Agreement shall commence on the 15th day August , 2016, and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 28th day of April, 2017. The general purpose or objective of this Agreement is to: provide design assistance for drainage improvements on Harborview Road and a portion of Birch BayDas more fully and definitively described in Exhibit A hereto. The language of Exhibit A controls in case of any conflict between it and that provided here. The maximum consideration for the initial term of this agreement or for any renewal term shall not exceed ***ONE HUNDRED FIVE THOUSAND, FOUR HUNDRED FORTY AND NOl100 DOLLARS*** $*105,440.00***. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. Contractor acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2, and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITNESS WHEREOF, the parties have executed this Agreement this 2'Y'day of 2016 CONTRACTOR: Anch L Tracy Drury, P.E r' STATE OF WASHINGTON ) ) ss. COUNTY OF On this ay of J, 2016, before me personally appeared Tracy Drury to me known to be the Professional Engineer of Anchor QEA, and who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. AMY L NICOL NOTARY PUBLIC in ana'fo he State of Wash ington,,residi g at Notary Public, State of Washington My commission expires C�3 �c'� My Commission Expires c March 02, 2018 Contract for Services Design Services for the Harborview Road Drainage Improvement Project Page 1 79 WHATCOM COUNTY: Recommended for Approval: h " Jon Hutchings, PdRic Works Director Date Approved as to form: Daniel Gibson, Chief Civil Deputy Prosecutor Date Approved: Accepted for Whatcom County Flood Control Zone District: By: Jack Louws, Whatcom County Executive/Signatory for Flood Control Zone District Board of Supervisors STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2016, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at . My commission expires CONTRACTOR INFORMATION: Anchor QEA, LLC Tracy Drury P.E. 1605 Cornwall Ave Bellingham, WA 98225 Contact Name: Tracy Drury, P.E. Phone:360-715-2703 Email: tdrury anchorgea.com Contract for Services Design Services for the Harborview Road Drainage Improvement Project Page 2 :1 GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The Contractor agrees to provide to the County services and any materials as set forth in the project narrative identified as Exhibit "A", during the agreement period. No material, labor, or facilities will be furnished by the County, unless otherwise provided for in the Agreement. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by Contractor prior to or after the term of this contract shall be performed at the expense of Contractor and are not compensable under this contract unless both parties hereto agree to such provision in writing. The term of this Agreement may be extended by mutual agreement of the parties; provided, however, that the Agreement is in writing and signed by both parties. 10.2 Extension: Not Applicable 11.1 Termination for Default: Not Applicable 11.2 Termination for Reduction in Funding: Not Applicable 11.3 Termination for Public Convenience: The County may terminate the Agreement in whole or in part whenever the County determines, in its sole discretion, that such termination is in the interests of the County. Whenever the Agreement is terminated in accordance with this paragraph, the Contractor shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this Agreement by the County at any time during the term, whether for default or convenience, shall not constitute breach of contract by the County. Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for Contractor Services: Payment to the Contractor for services rendered under this Agreement shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the County, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this Agreement for the County or his designee (hereinafter referred to as the "Administrative Officer") the County will not reimburse the Contractor for any costs or expenses incurred by the Contractor in the performance of this contract. Where required, the County shall, upon receipt of appropriate documentation, compensate the Contractor, no more often than monthly, in accordance with the County's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The Contractor understands and acknowledges that the County will not withhold Federal or State income taxes. Where required by State or Federal law, the Contractor authorizes the County to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the Contractor will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the Contractor to make the necessary estimated tax payments throughout the year, if any, and the Contractor is solely liable for any tax obligation arising from the Contractor's performance of this Agreement. The Contractor hereby agrees to indemnify the County against any demand to pay taxes arising from the Contractor's failure to pay taxes on compensation earned pursuant to this Agreement. The County will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The Contractor must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the Contractor's gross or net income, or personal property to which the County does not hold title. The County is exempt from Federal Excise Tax. Contract for Services Design Services for the Harborview Road Drainage Improvement Project Page 3 22.1 Withholding Payment: In the event the County's Administrative Officer determines that the Contractor has failed to perform any obligation under this Agreement within the times set forth in this Agreement or as otherwise agreed to in writing by the Parties, then the County may withhold from amounts otherwise due and payable to Contractor the amount reasonably determined by the County to be in dispute, until the Parties agree that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling Contractor to termination or damages, provided that the County promptly gives notice in writing to the Contractor of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Administrative Officer set forth in a notice to the Contractor of the action required and/or the amount required to cure any failure to perform shall be deemed conclusive, except to the extent that the Contractor acts within the times and in strict accord with the provisions of the Disputes clause of this Agreement. The County may act in accordance with any determination of the Administrative Officer which has become conclusive under this clause, without prejudice to any other remedy under the Agreement, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the Contractor, (3) to set off any amount so paid or incurred from amounts due or to become due the Contractor. In the event the Contractor obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to Contractor by reason of good faith withholding by the County under this clause. 23.1 Labor Standards: Not Applicable Series 30-39: Provisions Related to Administration of Agreement 30.1 Independent Contractor: The Contractor's services shall be furnished by the Contractor as an independent contractor, and nothing herein contained shall be construed to create a relationship of employer -employee or master -servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this Agreement by the Contractor as an independent contractor. The Contractor acknowledges that the entire compensation for this Agreement is specified in Exhibit "B" and the Contractor is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the County. The Contractor represents that he/she/it maintains a separate place of business, serves clients other than the County, will report all income and expense accrued under this contract to the Internal Revenue Service, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. Contractor will defend, indemnify and hold harmless the County, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this agreement shall be accomplished by the Contractor. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the County. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the Contractor shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the Contractor or any employee of the Contractor or any subcontractor or any employee of any subcontractor by the County at the present time or in the future. 31.1 Ownership of Items Produced: All writings, programs, data, public records or other materials prepared by the Contractor and/or its consultants or subcontractors, in connection with performance of this Agreement, shall be the sole and absolute property of the County. Contractor shall not be liable for any modification or reuse of their project materials for purposes not included under the scope of this Agreement. Contractor may retain one copy of project materials in their files. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: Not Applicable 33.1 Right to Review: This contract is subject to review by any Federal, State or County auditor. The County or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Administrative Officer or by the County Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection Contract for Services Design Services for the Harborview Road Drainage Improvement Project Page 4 0 by County agents or employees, inspection of all records or other materials which the County deems pertinent to the Agreement and its performance, and any and all communications with or evaluations by service recipients under this Agreement. The Contractor shall preserve and maintain all financial records and records relating to the performance of work under this Agreement for three (3) years after contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. Contractor also agrees to notify the Administrative Officer in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this Agreement. If no advance notice is given to the Contractor, then the Contractor agrees to notify the Administrative Officer as soon as it is practical. 34.1 Proof of Insurance: The Contractor shall carry for the duration of this Agreement insurance with the following minimums: 1) Commercial General Liability coverage -- a) Property Damage - $500,000.00 per occurrence; b) General Liability & Bodily injury- $1,000,000.00 per occurrence. A Certificate of insurance, that also identifies the County as an additional insured, is attached hereto as Exhibit "C". This insurance shall be considered as primary and non-contributory, and shall waive all rights of subrogation. The County insurance shall not serve as a source of contribution. 2) Professional Liability - $1,000,000 per claim If the professional liability insurance is a claims made policy, and should the contractor discontinue coverage either during the term of this contract or within three years of completion, the contractor agrees to purchase tail coverage for a minimum of three years from the completion date of this contract or any amendment to this contract. 34.2 Industrial Insurance Waiver: With respect to the performance of this agreement and as to claims against the County, its officers, agents and employees, the Contractor expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this agreement extend to any claim brought by or on behalf of any employee of the Contractor. This waiver is mutually negotiated by the parties to this agreement. 34.3 Defense & Indemnity Agreement: The Contractor agrees to indemnify and save harmless the County, its appointed and elective officers and employees, from and against all loss or expense, including, but not limited to, judgments, settlements, reasonable attorneys' fees and costs by reason of any and all claims and demands upon the County, its elected or appointed officials or employees for damages because of personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons and on account of damage to property, including loss of use thereof, whether such injury to persons or damage to property is due to the negligence of the Contractor, its subcontractors, its successor or assigns, or its agents, servants, or employees, except only such injury or damage as shall have been occasioned by the negligence of the County or its appointed or elected officials or employees. In case of damages caused by the concurrent negligence of Contractor, its subcontractors, its successors or assigns, or its agents, servants, or employees, and the County, its appointed or elected officers, employees or their agents, then this indemnification provision is enforceable only to the extent of the negligence of the Contractor, its agents, or its employees. The parties specifically agree that this agreement is for the benefit of the parties only and this agreement shall create no rights in any third party. 35.1 Non -Discrimination in Employment: The County's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The Contractor shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the Contractor is governed by such laws, the Contractor shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the Contractor shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. Contract for Services Design Services for the Harborview Road Drainage Improvement Project Page 5 The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this Agreement, Contractor or any of its employees involved in the performance of this Agreement shall have or develop an interest in the subject matter of this Agreement that is potentially in conflict with the County's interest, then Contractor shall immediately notify the County of the same. The notification of the County shall be made with sufficient specificity to enable the County to make an informed judgment as to whether or not the County's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the County may require the Contractor to take reasonable steps to remove the conflict of interest. The County may also terminate this contract according to the provisions herein for termination. 37.1 Administration of Contract: This Agreement shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The Contractor also agrees to comply with applicable federal, state, county or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The County hereby appoints, and the Contractor hereby accepts, the Whatcom County Executive, and his or her designee, as the County's representative, hereinafter referred to as the Administrative Officer, for the purposes of administering the provisions of this Agreement, including the County's right to receive and act on all reports and documents, and any auditing performed by the County related to this Agreement. The Administrative Officer for purposes of this agreement is: Kraig Olason, Stormwater Senior Planner — 322 N. Commercial St. Bellingham, WA 98225 37.2 Notice: Except as set forth elsewhere in the Agreement, for all purposes under this Agreement except service of process, notice shall be given by the Contractor to the County's Administrative Officer under this Agreement. Notice to the Contractor for all purposes under this Agreement shall be given to the address provided by the Contractor herein above in the "Contractor Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. 38.1 Certification of Public Works Contractor's Status under State Law: Not Applicable 38.2 Certification Regarding Federal Debarment Suspension Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: Not Applicable 38.3 E-Verify: The E-Verify contractor program for Whatcom County applies to contracts of $100,000 or more and sub contracts for $25,000 or more if the primary contract is for $100,000 or more. Contractor represents and warrants that it will, for at least the duration of this contract, register and participate in the status verification system for all newly hired employees. The term "employee" as used herein means any person that is hired to perform work for Whatcom County. As used herein, "status verification system" means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program. Contractor/Seller agrees to maintain records of such compliance and, upon request of the County, to provide a copy of each such verification to the County. Contractor/Seller further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of the State of Washington. Contractor/Seller understands and agrees that any breach of these warranties may subject Contractor/Seller to the following: (a) termination of this Agreement and ineligibility for any Whatcom County contract for up to three (3) years, with notice of such cancellation/termination being made public. In the event of such termination/cancellation, Contractor/Seller would also be liable for any additional costs incurred by the County due to contract cancellation or loss of license or permit." Contractor will review and enroll in the E-Verify program through this website: www.uscis.gov Series 40-49: Provisions Related to Interpretation of Agreement and Resolution of Disputes 40.1 Modifications: Either party may request changes in the Agreement. Any and all agreed modifications, to be valid and binding upon either party, shall be in writing and signed by both of the parties. Contract for Services Design Services for the Harborview Road Drainage Improvement Project Page 6 0 40.2 Contractor Commitments, Warranties and Representations: Not Applicable 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach, No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the County to insist upon strict performance of any of the covenants and agreements of this Agreement, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or agreements, but the same shall be and remain in full force and effect. 42.1 Disputes: a. General: Differences between the Contractor and the County, arising under and by virtue of the Contract Documents, shall be brought to the attention of the County at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Administrative Officer shall be final and conclusive. b. Notice of Potential Claims: The Contractor shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Administrative Officer or the County, or (2) the happening of any event or occurrence, unless the Contractor has given the County a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the County. The written Notice of Potential Claim shall set forth the reasons for which the Contractor believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. Contractor shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. c. Detailed Claim: The Contractor shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the County, the Contractor has given the County a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Not Applicable 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This Agreement shall be governed by the laws of the State of Washington. 44.1 Survival: The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this Agreement for any reason. 45.1 Entire Agreement: This written Agreement, comprised of the writings signed or otherwise identified and attached hereto, represents the entire Agreement between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Contract for Services Design Services for the Harborview Road Drainage Improvement Project Page 7 Y Q O FU- mO = W w0 s �� lW w i N E Q1 O Q v O7 d O tJ'1 .,I m s m M O CC Q1 O Z � Y � �w o ° : O N yj a. 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I 'U 4 N, 93 2 § 0 m �\2\ \m=\ °2= 0/�f / ± ƒG Q 2 7 0 ®700 (f0± 0 o$$a \E %¥k° . m « £ c22§ / + /� 0222 k®a£ e *7g& & -,e g �±®& » 2 0 /: \ < �t\m 6E>\ / \2»$ CL $ 0-0-CO 0 emm»E £ 2: > (n � 0 ƒECG% $S§$\ 0 a a) \ # E E 0 kaoo- § % 7 0\\S m % / / ®°°®_ . 3[®CD mZ a) AD 3 0 � c 0 m 0 /_ k / E $ ) ; ? a) kx f t 7 / e =%$a E \I\(/ co 7tsas j o: 3 3 $ f CL f } o u m n a a §//Q# ` � f f \7kwX go"0 ) +&§5£ r/ 7$/�/± �b \\ \D kk¥ %\2k(\ �c =ts E E In moan#8 \3 EXHIBIT T" (INSURANCE) DATE(MMfDDIYYYY) Lc CERTIFICATE OF LIABILITY INSURANCE 7/26/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the PRODUCER y„AMM Yt�i rtJtL-t�.A.��?ai.1.4'nt Servco Pacific Insurance PHONE L IA/c, 1100 Dexter Ave. N. Ste 220 E MAfL ADDREwpertdept@semopaciflc,com _ Seattle WA 98109AFFORDING COVERAGE NAIC tt INSURER A__�j� SS1Y07�11�4tAnitjL%Q _4f QRIIQ . _$� _. _._ INSURED ANC HQEA-01 ..INSURER. B :LIQQ�rd_S.Qf..l..OndQrl..__. Anchor QEA, LLC INSURER C : 720 Olive Way INSURER D : Suite 1900 — Seattle WA 98101 INSURER E: INSURER F : CnVFRAP FA CFRTIFICATF NUMBER* 1AA4S1FA.A7 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. __._...... .. — -- -- fNBR *____.. IAdDL�UBRI .._._ ) POLICY -OF -! POLICVEXP � - I LTR TYPE OF INSURANCE INPOLICY NUMBER MMIDDIYYYY ! MMIDDIYYYY ' LIMITS A I GENERAL LIABILITY Y iY 66052511-034 110/10/2015 10/10/2016 EACH OCCURRENCE $1,000,000 IX COMMERCIAL GENERAL LIABILITY AMAGE TO REED I PREMISES LEa ocarrencel $1,000,000. CLAIMS -MADE .X OCCUR I MED EXP (Any one person) 810 000 - { ! _,000000 GENERAL 000 PRODUCTS 1$2,000000 - GENT AGGREGATE LIMIT APPLIES PER. -- POLICY iX PRO LOC AUTOMOBILE LIABILITY !, �, {Ea accident) - ANY AUTO I BODILY INJURY (Per person) S ALL OWf'ED�, SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) 5 _ 1 ._i NON -OWNED PROPERTY DAMAGE S HIRED AUTOS _AUTOS i (Per aceident i UMBRELLA UAB f OCCUR i j ' I EACH OCCURRENCE.. $__.._ ,........... EXCESS LIAB _I CLAIMS -MADE: _ _ AGGREGATE_ S ,. DED � RETENTION $ WORKERS COMPENSATION WC STATU- OTH TORY_LUYllI$ AND EMPLOYERS' LIABILITY YIN _ _ _ .ER ANY PROPRIETOR/PARTNERlEXECUTIVE I EL EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) NIA A l - 1 - j E L DISEASE FA EMPLOYE S -.- --, .._. .. ... :. If yes, describe under DESCRIPTION OF OPERATIONS below .. E.L. DISEASE - POLICY LIMIT I S B I Professional Liability & j � W11053150601 { 10l10/2015 10/10/2016 Each Claim $1,000,000 Pollution Liability !Aggregate $1,000,000 'Deductible $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) IF CERTIFICATE IS NO LONGER REQUIRED, PLEASE NOTIFY SERVCO PACIFIC INSURANCE. Whatcom County Public Works is included as an Additional Insured on General Liability policy. General Liability policy is Primary and Non -Contributory. Waiver of Subrogation applies to General Liability policy. Whatcom County Public Works 322 North Commercial Street, Suite 301 Bellingham, WA 98225-4042 {..t11YYGLLM 1 iViV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD Contract for Services Design Services for the Harborview Road Drainage Improvement Project Page 17 95 ATTACHMENT"A" (SURVEY SCOPE OF WORK AND BUDGET) Harborview Road Drainage Improvements Survey Scope of Work Project History/Description: Whatcom County Public Works Stormwater Division is developing a stormwater drainage improvement project along Harborview Road in Birch Bay. The project was identified in the Birch Bay Comprehensive Stormwater Plan and conceptual designs were developed in the Central North and Central South Subwatershed Master Plans. Survey work will be done by Land Development Engineering Services (LDES) in compliance with the Survey Requirements listed below. Deliverables will include the items listed under Deliverables below and will include all three of the project areas listed under the Scope. Whatcom County will provide title reports for all properties along Harborview Road that are outside of the Birch Bay Drive ROW Plan for LDES reference for determining right of way. The required survey elements are described below: Project Areas: (The project areas described below are shown in attachments A (air -photos)) Expected survey and mapping needs are described for each project area and must incorporate the Survey Requirements as included in this document. Task 1.0 BIRCH 1. Complete supplemental survey pickups (focused on the NE side of the ROW) for existing storm drainage, ditch alignment/elevations/section definition, culverts, other utilities from County -provided utility mapping and public/private utility locates (if potholing for certain utilities later, some minor pickups may be needed later), and other existing features within the ROW where storm drainage improvements are proposed (see red SD lines on CIP layouts) 2. Confirm existing outfalls survey data (type, size, elevations) including existing groin covers alignment, elevations Task2.0 SOUTH 1. Provide new survey data for this missing section (for CIP Nos 1 and 2), with control consistent with adjoining existing surveys (BIRCH and NORTH) 2. Survey point data with adequate density for topographic mapping (1 foot contour interval) including areas shown beyond the road ROWs, existing SD infrastructure, existing utilities from County -provided utilities mapping and public/private utility locates, stormwater detention vault/outlet controls in the apartment parking area north of BBD/HVR Contract for Services Design Services for the Harborview Road Drainage Improvement Project Page 18 0 intersection, ROW limits, other surface features, existing easements, and record adjacent property lines as delineated on County Assessor Map. Task 3.0 NORTH 1. Similar in approach to the BIRCH requirements, but provide required updates to LDES prior survey and base map for the Harborview Rd (NORTH) corridor 2. Provide requested supplemental survey pickups and merge into the existing base map, with adjustments where needed 3. Confirm ROW limits tie with existing mapping (if not already done) — need to be confident in ROW limits. 4. Show record adjacent property lines as delineated on County Assessor Map — Should temporary or permanent easements be required, owner will identify areas where additional boundary data is required to assist County with easement legal descriptions 5. Provide additional topographic definition in the area of the proposed Cottonwood Creek high flow diversion (at roadside ditch interface) DELIVERABLES 1. Submit a stamped 24"x36" paper topographic map, 1' contour interval. (Horizontal scale shall be 1"=20' and vertical scale shall be 1"=5", unless instructed otherwise by owner). a. draft review copy b. final iteration 2. Submit a stamped 24"x26" paper control worksheet, showing all vertical and horizontal control, defined ROW centerline alignment, ROW widths and station and offsets to ROW angle points. a. draft review copy b. final iteration 3. Submit a Civil 3D drawing files depicting all information noted above (referenced to project control) 4. Submit scanned copies of all field notes and any pertinent pictures. 5. Submit a text file formatted in PNEZD, comma delimited of all surveyed points. Survey Requirements: All work and deliverables completed for this project must comply with the requirements listed below. 1. HORIZONTAL SURVEY CONTROL A. All project survey control are to be tied to at least two published control monuments or control specified by project manager (PSE primary survey control -attached). B. Horizontal datum determined by contracting agency. Contract for Services Design Services for the Harborview Road Drainage Improvement Project Page 19 97 C. Control to be consistent for all reaches, including any required field ties between surveys previously conducted by PSE and LDES. The reference bench mark elevations should be cross-check between prior surveys, with application of a data point adjustments as needed. Horizontal control should also be cross-checked for a tie between the prior surveys. 2. VERTICAL SURVEY CONTROL A. Vertical control shall be based upon at least two published NAVD 88 benchmarks or control specified by the project manager (PSE primary survey control -attached). B. All vertical control is to be verified by closed differential leveling. C. Set two temporary benchmarks, one at each end of project sites. 3. TOPOGRAPHIC SURVEY A. The county will contact the utility locating center for marking underground utilities upon request from the consulting surveyor. B. Conduct a full topographic survey (right-of-way to right of way & 5' beyond/project limits) sufficient for the development of a Civil 3D surface model and topographic base map. C. Locate all marked and visible utilities. D. Survey cross sections every 25 feet. E. Measure the size and note the type of pipe in all manholes, catch basins, and culverts. F. Establish elevations for culvert inverts. G. Measure down from rims to inverts on all manholes and catch basins. H. Establish elevations on top of water valve control nut. I. Locate trees 8" dbh (within survey limits). Contract for Services Design Services for the Harborview Road Drainage Improvement Project Page 20 Land Development Engineering & Surveying, Inc. 5160 Industrial Place, Suite 108, Ferndale, WA 98248 PH: (360) 383-0620 FX: (360) 383-0639 Surveying • Engineering • Construction Management • Planning July 7, 2016 Jerry Bibee, PE Anchor QEA 720 Olive Way Seattle WA 98101 RE: Birch Bay Storm Drain Improvements Survey — Revised estimate Dear Mr. Bibee, Per email from Jesse Allen (Senior PIS with Whatcom County Public Works) requesting Title Review and delineation of Right -Of -Way of project and adjacent easements, we have revised our proposal for the above mentioned project as follows: • Topographic survey, Right of way and adjacent easements basemapping and as -built of stonn/sewer structures within the project limits (see attached exhibit) for the following areas: o Birch Survey Total: $13,100.00 o North Survey (Verification and supplement additional data) Total: $1,600.00 o South Survey Total: $17,800.00 Grand Total: $32,500.00 NOTE: This proposal excludes title report fees and underground utility locates (provided by owners).). If you have any questions or concerns, please contact our office at 360-383-0620. Sincerely, Kyle Haggith, Principal, P.L.S. Contract for Services Design Services for the Harborview Road Drainage Improvement Project Page 21 M Contract for Services Design Services for the Harborview Road Drainage Improvement Project 100 r r Page 22 Contract for Services Design Services for the Harborview Road Drainage Improvement Project Page 23 101 Contract for Services Design Services for the Harborview Road Drainage Improvement Project Page 24 102 Land Development Engineering & Surveying, Inc. 5160 Industrial Place # 108, Ferndale WA 98248 (360) 383-0620 fax (360) 383-0639 Surveying - Engineering Construction Management - Planning Whatcom County — Birch Bay, Harborview Storm Improvements 2016 RATESCHEDULE Effective 7/1/2016 OFFICE HOURLY RATE Principal Engineer $125.00 Principal PIS $125.00 Sr. PLS $105.00 Resident Engineer $110.00 Civil Design (CADD1) $ 90.00 Civil Design (CADD2) $ 80.00 Civil Design (CADD3) $ 65.00 Senior Technician $ 90.00 Junior Technician (office or field) $ 65.00 General Office $ 55.00 Administration $ 60.00 FIELD Construction Manager $105.00 Project Manager $105.00 1 Man Crew (Robotic/GPS & Operator) $125.00 2 Man Crew $160.00 3 Man Crew $190.00 4 Man Crew $230.00 Scanning & Operator $125.00 Inspector $ 85.00 Overtime will be billed at 1 '/2 times regular rate. MISCELLANEOUS REIMBURSABLE EXPENSES Mylar (Per sheet) $ 20.00 Wide Format Copies (Per Sheet) $ 3.00 Report processing & binding (Per Report) $ 45.00 Mileage Standard Federal Rate Reimbursable Expenses Are Invoiced at Cost Plus 10% Revised 7/7/2016 11:46:52 AM \\.Servee'sliare\Common\Coritmcts or ProposalsTAteazte Schedule M7-2013.doc Contract for Services Design Services for the Harborview Road Drainage Improvement Project Page 25 103 WMA TCOM COUNTY COUNCIL AGENDA BILL NO. 2016-248 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator., .. James Karcher, P.E. -ry E ��%� L 08/9/2016 Finance/Council Division Head: Joe Rutan, P.E. ""` MG 0 2 2016 1 tl TC OM COUNTY COUNCIL Dept. Head: Jon Hutchings 7-4a° Prosecutor: Daniel Gibson �,.... ()`� a,� /(�� Purchasing/Budget: `� Brad Bennett / Executive: y Jack Louws TITLE OF DO T. Approval for Contract Award of the construction contract for the Lakeway Drive Crosswalk — Safety and Multimodal Improvements, CRP 915017, to Larry Brown Construction, Inc. ATTACHMENTS: 1. Memo 2. Bid Tabulation 3. Project Narrative 4. Project Cost Breakdown 5. Approval for Contract Award SEPA review required? ( ) Yes (x ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes (x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works respectfully requests that the County Council authorize the County Executive to sign the Approval for Contract Award of the construction contract for the Lakeway Drive Crosswalk — Safety and Multimodal Improvements, CRP 915017, to Larry Brown Construction, Inc. COMMITTEE ACTION.• COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 2014-203 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa,us/council. MIJ WHATCOM COUNTY °M Joseph P. Rutan, P. E. PUBLIC WORKS DEPARTMENT �Pc Co County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Jon Hutchings Bellingham, WA 98225-4042 Director 9SHiN�o Phone: (360) 778-6210 Fax: (360) 778-6211 MEMORANDUM To: The Honorable Jack Louws, Whatcom County Executive and The Honorable Whatcom County Council Through: Jon Hutchings, Director,. From: Joseph P. Rutan, P.E., County Engineer/Assistant Director.0 James P. Karcher, P.E., Engineering Manager IPA Date: July 25, 2016 Re: Lakeway Drive Crosswalk — Safety and Multimodal Improvements CRP No. 915017 Construction Contract for Award Attached for your review and signature is the standard construction contract award package for the Lakeway Drive Crosswalk — Safety and Multimodal Improvements, CRP No. 915017. This package consists of the following: agenda bill, approval for contract award, tabulation of all bids, project cost breakdown, and project narrative. Requested Action Public Works respectfully requests that the County Council authorize the County Executive to award and enter into a contract with the low bidder, Larry Brown Construction, Inc. Upon receipt of the signed Approval for Contract Award form, Public Works will submit the construction contract to the County Executive for contract execution. Background and Purpose Bid proposals for the project were opened at 2:30 p.m. on Tuesday, July 19, 2016. A total of two (2) responsive bids were received, with Larry Brown Construction, Inc. being the lowest responsible bidder in the amount of $296,252.65. The project is listed as Item No. 23 on the 2016 Annual Construction Program Funding Amount and Source The total project budget is $400,000 through local funds. Sufficient funds exist to cover this contract, for which there is budget authority. Please contact Kevin Thompson at extension 6278 if you have any questions or concerns regarding this contract. In accordance with W.C.C. 3.08.090, I concur with this recommendation: 4 5 �' �� A � V� Sara finger, Purchasing Coordinator Z �* -51-1k- Date 105 N d' O z m O O O 0 0 0 O C) C) O O o 0 0 0 O O O,O O O 0'O O O.O O Ol0 O O!O 0 0 LO:O LO O O o.O'O O C!(? 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N C 3 7 C O 0 C N O � U m I, � W, I `,�`eeetnurrrrr��� NO z oV/ 011, Ova• O 1 W ,,,� G • _ • •S�P `��• ��r'rrutnneeee>``��` C m(D0 eq c o CU U O C -0 _ m s s c m E "O O O Y @ E U J O E N(0- C N Y N D o Q) -0 m E E a r - Ca N >, .2 N (D 0 T W m - -0 E - c a _ CO � O tZ T O O � C •' _T O � m CO fn N N CO CU O) O Y Tca C fO m °A° c �- W n l) 3 n O C N a >, c N W L O C 2LO 0 O p - U'c OUrn 0 -, U 106 Whatcom County Public Project Narrative Lakeway Drive Crosswalk CRP # 915017 Construction Funding Year(s): 2016 Project Narrative: This project is located in Section 34, T38N, R3E. This project will construct a HAWK crosswalk signal with advanced warning beaconos at the intersection of Lakeway Drive and Parkstone Lane. This project is listed #R31 on the 2016-2021 Six -Year Transportation Improvement Program. Project Status: Crosswalk Study performed in 2015. Alternative analysis performed in 2015. Engineering and construction to occur in 2016. Total Estimated Project Cost: $400,000 Expenditures to Date: $85,000 Funding Sources: Federal State Local $400,000 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A 107 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director Project Cost Breakdown Lakeway Drive Crosswalk - Safety and Multimodal Improvements CRP No. 915017 Bid No. 16-42 ***************** Funding Source *********** Whatcom County Total Project Phase Preliminary Engineering $85,000 $85,000 Right of Way $0 $0 Contract $296,253 $296,253 Constr Engr, lisp, Testing and Contingency $18,000 $18,000 Total $399,253 $399,253 LOC Rpr Proj Cost Breakdown JOSEPH P. RUTAN, P.E. County Engineer / Assistant Director 322 N. Commercial Street, Ste. 301 Bellingham, WA 98225-4042 Phone: (360) 778-6210 Fax: (360) 778-6211 f[jl,7 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director Lakway Drive Crosswalk Safety and Multimodal Improvements CRP No. 915017 APPROVAL FOR CONTRACT AWARD Approval is hereby granted to award the Contract as follows: Project: Lakeway Drive Crosswalk Safety and Multimodal Improvements CRP No. 915017 To: Larry Brown Construction, Inc. In the amount of their bid proposal $296,252.65 including all taxes. Whatcom County Executive Date Approving Authority 0769 Daniel L. Gibson Date Chief Civil Deputy Prosecutor Joseph P. Rutan, P. E. County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 Phone: (360) 778-6210 Fax: (360) 778-6211 109 2015-347A WHATCOM COUNTY COUNCIL AGENDA BILL NO. CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: K. Christensen / /y� ? I C7 W 819116 Finance Division Head. R. Ney 1 819116 Council Dept. Head. J. Hutchings % 22 WHATCOM Prosecutor: D. Gibsontf COUNCIL Purchasing/Budget: B. Bennett Executive: 1 u, J. Lows TITLE OF DOCUMEN . Change Order #2 — Academy Road Stormwater Improvements ATTACHMENTS 1. Memorandum to County Executive and County Council 2. Agenda Bill 3. Contract Information Sheet 4. Change Order #2 SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This Change Order #2 provides for modification of the flow distribution system to optimize performance and simplify maintenance. This work involves reconfiguration of the primary distribution system, addition of a second pre-treatment unit, traffic control, and landscape restoration. COMMITTEE ACTION. COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 110 WHATCOM COUNTY �ooM co STORMWATER - NPDES PUBLIC WORKS DEPARTMENT 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 )Ott Hutchings Stormwater: (360) 778-6210 DIRECTOR FAX: (360) 778-6201 �gsH�N�'tot' NPDES: (360) 778-6299 FAX: (360) 778-6211 www.whatcomcounty.us TO: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council RECEIVED THROUGH: Jon Hutchings, Public Works Director FROM: Rob Ney, Special Programs Manager JUL 2 9 2016 Kirk N. Christensen, P.E., Stormwater upervisor ��' JACK L IJWS DATE: July 12, 2016 COUNTY EXECUTIVE RE: Academy Road Stormwater Improvements, Cost Center 364100, WC Contract No. 201505013, Change Order No. 2, Razz Construction, Inc. Enclosed for your review and signature are two originals of Change Order No. 2 for the above -referenced construction contract between Razz Construction and Whatcom County. Requested Action Stormwater respectfully requests the County Council authorize the County Executive to amend the contract with the Contractor for the Academy Road Stormwater Improvements project. Background and Purpose This Change Order #2 provides for a modification of the flow distribution system to optimize performance and simplify maintenance. This work involves reconfiguration of the primary distribution system, addition of a second pre-treatment unit, traffic control, and landscape restoration. Funding Amount and Source The project -based budget for the Academy Road Stormwater Improvements is $1,109,000 and is funded by locals funds and state grants. This proposed change order increases the contract value by $50,641.00 to an amended total of $830,526.59. Sufficient funds remain in the project -based budget to complete this project. Please contact Kirk at extension 6297 if you have any questions regarding this contract. Enclosures 111 WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET -to 1-6 o GG C) 1 s Originating Department: Public Works Program/Project: (i.e. Dept. Division and Project) Academy Road Stormwater Improvements Contract or Grant Administrator: Kirk Christensen, Stormwater Manager Contractor's / Agency Name: Razz Construction, Inc. Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ® No ❑ Yes ❑ No ® If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: 201505031 Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ® No ❑ If yes, Whatcom County grant contract number(s): 201503020 Is this contract the result of a RFP or Bid process? Contract \ Yes ® No ❑ If yes, RFP and Bid number(s): 15-13 Cost Center: 364100 Is this agreement excluded from E-Verify? No ❑ Yes ® If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ® Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ❑ Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract amount and any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments): • Professional Services Agreement above $20,000. $ *779,885.59*** • Bid is more than $50,000. This Amendment Amount: • Professional Service Contract Amendments that have an $ n() �4� 00 increase greater than $20,000 and other contracts with a cumulative increase greater than $50,000. Total Amended Amount: $03®,52�°��.ti RENEWALS: Council approval is not required when exercising an option to renew that is provided in the original contract. Summary of Scope: This Change Order #2 provides for modification of the flow distribution system to optimize performance and simplify maintenance. This work involves reconfiguration of the primary distribution system, addition of a second pre-treatment unit, traffic control, and landscape restoration. Term of Contract: Expiration Date: Until completion Contract Routing: 1. Prepared by: R. McConnell 2. Attorney signoff: Daniel L. Gibson h, . 3. AS Finance reviewed: bbennett 4. IT reviewed (if IT related): 5. Contractor signed: 6. Submitted to Exec.: 7. Council approved (if necessary): 8. Executive signed: 9. Original to Council: Date: 7/12/16 Date: 07114116 Date: 07/20/16 Date: Date: Date: Date: Date: Date: Last edited 10/01 /15 112 1C � J° a 'r L.� S i aF .1 (3 Page I of 2 fRI< Change S I ORIMWA-f ER Order Date. 7/12/2016 Nu nber 2 (' HAN�� : ORDER _X __ Ordered by Engineer under terms of Contract No. 20150503-1 Section 1--04.4 of the Standard Specs. CRP Number F.A. Number: _ Proposed by the Contractor. Cost Center 364100 To: Razz Construction, Inc. Endorsed by Razz Construction, Inc. 4055 Hammer Drive Bellingham, WA 98226 Signature Date Project Title: Academy Road Stormwater Improve nrents Print Narne: t Print Title: :'------------ DESCRIPTION OF WORK You are hereby ordered to incorporate the following changes upon receipt of an approved copy of this change order Change Order 42 provides for improven'lents including reconfiguration of the primary distribution system and the addition of a second pre-treatment unit Quantities and arnounts for Bid Items A3 (Erosion/Water Pollution Control), A54 (Repair Public and Private Facilities), A55 (Landscape Restoration), and B3 (Traffic Control Labor) are increased as referenced on page 2 Ten (10) working clays have been Gadded to the contract, t4rne for this change order, Except as provided herein, all work, materials and measurements shall be in accordance with the provisions of the Contract Documents and per the current VVSDOT Standard Specifications. Contract Plans, Special Provisions, the Standard Specifications & Standard Plans for the type of construction work involved. Approved to as to form: --___---_. __---- Chief Civil Deputy Prosecutor Date 113 .. _.. I'a e 2 of 2 .. .. .. _._ .. .. ...... ... _ _ ......... ._ .. \NI IA I-COIVI COUN I Y PUBLIC VVORKS Contract No _.m__.. ...__�. . 201505031 Cost Center 364100 STORMVVAI-ER 2 Change Order No. Date, 7/"12/2016 CHANGE ORDER Bid Description Item Estimated No Quantny Unit Unit Price Estimated Cost Change Additions to Sdie ule A: A3 Erosion/Water Pollution Control F.A. F.A. $3,000.00 $3,000.00 A54 Repair Public and Private Facilities F.A. F.A. $38,000,00 $38,000.00 A55 Landscape Restoration F A. F.A. $2,000.00 $2,000.00 Sales Tax 8 70% $3, 7 t"I 00 Additions r to Schedule 8: 133 Traffic Control Labor 60 I`IOURS $65.00 $3,900,00 TWAL. $50,641.00 114 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-249 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: R.G. 7,12012016 f (f , r �C tlf..,,�)) "12016 Finance Council Division Head: COUNCIL Dept. Head: M.M. 712012016 Prosecutor:. 7. s iCOUNTY Purchasing/Budget: Executive: � . TITLE OF DO 1UMENT. Nesset Farm Building Stabilization and Repair ATTACHMENTS: Nesset Farm Building Stabilization and Repair Contract SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Parks requests approval for the County Executive to award Bid Number 16-43 and enter into a contract with low bidder, South Fork Construction Company for construction services that will make necessary repairs to two structures at the Nesset Farm located at South Fork Park. Specific repairs include building foundation repairs and roof replacement at the Nesset House and Out Building, and foundation repair and a patrial wall and roof framing, and roof replacement at the Machine Shed. in the amount of $183,365.00 COMMITTEE ACTION.• COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 115 WHATCOM COUNTY 4 Michael G. McFarlane, Director Parks &Recreation Christ Thomsen, Parks Operations Manager 3373 Mount Baker Highway Bellingham, WA 98226-7500 RECEIVED MEMORANDUM JUL 2 9 2016 TO: Jack Louws, County Execu ive J ACK LOUWS FROM: Michael McFarlane -EXECUTIVE DATE: July 27, 2016 RE: Contract for construction services for Nesset Farm Building Stabilization and repair Enclosed are two (2) originals of a proposed contract for construction services for Nesset Farm located at Nesset Farm Building Stabilization and Repair between Whatcom County and South Fork Construction Company for your review and signature. • Background and Purpose Parks recommends approval of the attached contract for construction services for the proposed structural repairs at Nesset Farm. South Fork Construction Company was one of three bids received for the proposed project. South Fork Construction Company was the lowest bid, and meets all of the qualification requirements for award of the contract. • Funding Amount and Source This project is funded by a donation from the Nesset Foundation, Cost Center 347100, Budget Supplemental Request approved by County Council on July 23, 2013 (Ordinance No. 2013-256). • Differences from previous Contract This is a new contract. Please contact Rod Lamb at extension 5858, if you have any questions or concerns regarding the terms of this agreement. 116 WHATCOM COUNTY CONTRACT atcom County Contract No. INFORMATION SHEET 16 .0 ;' Originating Department: Parks & Recreation Division/Program: (i.e. Dept. Division and Program) Click here to enter text. Contract or Grant Administrator: Rod Lamb Contractor's / Agency Name: South Fork Construction Company Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: N/A Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): N/A CFDA#: N/A Is this contract grant funded? Yes ❑ No ® If yes, Whatcom County grant contract number(s): N/A Is this contract the result of a RFP or Bid process? Contract Yes ® No ❑ If yes, RFP and Bid number(s): 16-43 Cost Center: 347100 Is this agreement excluded from E-Verify? No ® Yes ❑ If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: ❑ Professional services agreement for certified/licensed professional. ❑ Contract work is for less than $100,000. ❑ Contract for Commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Work related subcontract less than $25,000. ❑ Interlocal Agreement (between Governments). ❑ Public Works - Local Agency/Federally Funded FHWA. Contract Amount:(sum of original contract amount and any Contracts that require Council Approval (incl. agenda bill & memo) prior amendments): • Professional Services Agreement above $20,000. $ 183,365.00 • Bid is more than $50,000. This Amendment Amount: • Professional Service Contract Amendments that have an $ N/A increase greater than $20,000 and other contracts with a cumulative increase greater than $50,000. Total Amended Amount: $ 183,365.00 RENEWALS: Council approval is not required when exercising an option to renew that is provided in the original contract. Summary of Scope: This project will make necessary building repairs to two structures at the Nesset Farm located at South Fork Park. Specific repairs include building foundation repairs and roof replacement at the Nesset House and Out Building, and foundation repair and a patrial wall and roof framing, and roof replacement at the Machine Shed. Term of Contract: 12 Months Expiration Date: August 18, 2017 Contract Routing: 1. Prepared by: R. Lamb Date: 2. Attorney signoff: 17,1Z.2,Y Date: 3. AS Finance reviewed: Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: Last edited 02/10/16 7/27/2016 117 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair VTo PIOTV, I I I L-4- I IV Nesset Farm Building Stabilization and Bid #16-43 Page 10 118 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Bid Proposal Dates To: Whatcom County Executive and Council This certifies that the Undersigned has examined the area to be renovated / repaired and the conditions of work. The Undersigned has carefully read and thoroughly understands the contract documents entitled "Nesset Farm Building Stabilization and Repair" including the "Bid Procedures and Conditions", "Specifications and Conditions", and "Contract Forms" sections governing the work embraced in this project, and the method by which payment will be made for said work. The Undersigned hereby proposes to undertake and complete the work embraced in this project in accordance with said contract documents. The undersigned acknowledges that payment will be based on the actual work performed, as measured or provided for in accordance with the said contract documents, and that no additional compensation will be allowed for any taxes not otherwise included. Company Name: 50�.� l� Cc v 4tug, n NO. DESCRIPTION QUANTITY UNIT RATE I EXTENSION 1 Mobilization_ 1 LS 10,00 ,q.- $ (15 000, 00 2 _ Nesset House and Out Building j Crawl space excavation, concrete footings, beam installation, porch deck y 1 LS IZv,000•zc (Z011 pco,00 renovation and cedar shake roof replacement 3 Machine Shed _ Crawl space excavation, concrete footings, exterior wall stud repair and 1 LS 39OOV6 3q oco,Uo £ cedar shake roof replacement Subtota WA State Sales Tax (8.5%) 00 0,00 _.`. 1 SG5-,Oo Total Bid 193iSGS,0o Written Total Amount Bid #16-43 Page 11 119 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Bid Proposal (continued) Supplementary Information The Undersigned Bidder hereby acknowledges that the information furnished under this section will be considered in conjunction with the "Bid" price above, in the evaluation of bids for contract award. Categories and Rates of labor The Undersigned Bidder certifies that all work to be performed under this Contract, except that work which will be performed by a subcontractor when approved in advance by the County, will be performed by the following classifications of labor for the rates as shown. The Undersigned agrees to accept as payment for said work the schedule of labor classifications and rates as set forth below. Classification PP Ge K e'ed L L-6el", Rate SN,02 Bid #16-43 Page 12 q a-76 120 VVhatconmCounty Eid#15'4B Nesset Farm Building Stabilization and Repair Bid Proposal (contnued) Qualifications List projects completed orunder way on this date that are similar to the work to be performed under this contract. O)NTRACTORs must document adequate experience with and knowledge of the proper treatment and restoration ofhistoric structures and their materials, Familiarity and experience with the National Park Service Standards for Restoration and Guidelines for Restoring Historic Buildings is highly desired. Contract Amount Type of Work Name & Phone of Firm & Contact Person (Att ch Additional Sheets as Necessary) 500 �~~^. Cr, T^`\ p._, i | ' ` i� ��x��^[` *^u6� ' �rro ' — l ,e—~`'-Ci !' � ^ `—~~^-5 OV-\i U i ' ^ Bid o/a-4o ~ 121 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Bid Proposal (continued) Non -Collusion and Affidavit I, the Undersigned, an authorized representative of c5a'y�tS.L i+ 1 �., being first duly sworn on oath do hereby certify that said person(s) firm, association or corporation has (have) not, either directly or indirectly, entered into any AGREEMENT, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. I further acknowledge that by signing the proposal signature page of the proposal, I am deemed to have signed and have agreed to the provisions of this non -collusion affidavit. signature ZZt SA l (� Date STATE OF WASHINGTON ) ss. COUNTY OF On this A5 ++4 day of �I ca 20� before me personally appeared 2�Ss Alh Q�Ci FPef_ri�r me personally known to�be he person described in and who executed the above instrument and who acknowledged to me the act of signing thereof. N15TARY PUBLIC, in and for the State of Washington, residing at: N `AY,q��� r -Z 11% �GUGe''iG Ci f' (P v�PUBLIP n� 4 It 201 Z• "� ��� WASN����`� My Commission Expires r; d 192cp 1iry1tt1 ntt``v Bid #16-43 Page 14 122 Bid Proposal (continued) Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Subcontractor List Prepared in Compliance with RCW 39.30.060, as amended. To be submitted with the Bid Proposal, Nesset Farm Building Stabilization and Repair. Failure to list subcontractors who are proposed to perform work of heating, ventilation and air conditioning, plumbing as described in Chapter 18.106 RCW, and electrical work as described in Chapter 19.28 RCW, will result in your bid being non -responsive and therefore void. Subcontractor(s) that are proposed to perform work of heating, ventilation and air conditioning, plumbing as described in Chapter 18.106 RCW, and electrical work as described in Chapter 19.28 RCW must be listed below. The work to be performed is to be listed below the subcontractor'(s) name. If no subcontractor is listed below, the bidder acknowledges that it does not intend to use any subcontractor to perform those items of work. Subcontractor Name 'TwtA V(.&« Cn'S';4u.4'0-" Work to be Performed �XCat the ,�C / n C r e4e Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed Subcontractor Name Work to be Performed Bid #16-43 Page 15 123 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Bid Proposal (continued) Bidder Identification The name of the Bidder submitting this proposal, the address and phone number to which all communications concerned with this proposal shall be made and the number which has been assigned indicating the Biddder. is licensed to do business in the State of Washington are as follows: CO` Firm Name °� """t� `-o ►�wC 1'•�` . Address � I q 0 J; Telephone Number CONTRACTOR's WA Registration Number CONTRACTOR'S WA UBI Number FC. f pf� Goo-qqB -qtZ CONTRACTOR'S WA Employment Security Department Number A Pr14 nuf'Mpa P a ^ CONTRACTOR's WA Excise Tax Registration Number (000- The Firm submitting this proposal is a: / Sole Proprietorship Partnership Corporation The names and titles of the principal officers of the corporation submitting this proposal, of the partnership, or of all persons interested in this proposal as principals are as follows: L ne"K OW neW Note: Signatories of this proposal must be identified above. Failure to identify the Signatories will be cause for considering the proposal irregular and for subsequent rejection of the bid. Bid #16-43 Page 16 124 Whatcom County Bid I#16-43 Nesset Farm Building Stabilization and Repair Bid Proposal (continued) Bid Proposal Signature and Addendum Acknowledgment The undersigned hereby agrees to reimburse its labor not less than the prevailing rates of wages or less than the hourly minimum rate of wages set forth in Whatcom County Prevailing Wage Rates for this project. A proposal guaranty in the amount of five percent (5%) of the total bid, based upon the approximate estimate of quantities at the above process and in the form as indicated below, is attached hereto: ( ) CASHIER'S CHECK ($ ( ) CERTIFIED CHECK ($ dollars) dollars) payable to Whatcom County (`4/PROPOSAL BOND made payable to Whatcom County in the amount of 5% of the bid. Receipt is hereby acknowledged by addendum(s) No.(s) & SIGNATURE OF AUTHO 1 QED 'FICIAL(S) (Proposal Must Be Signed)V - 11 Firm Name: Sots.4 ' cn-,,S CC t1 Co - STATE OF WASHINGTON ) ss. COUNTY OF �A1s✓p/f� ) (Seal) � On this IS day of U� 20 before me personally appearedQUS5Ci[k 8j ~'cr- hfa t P to me personally known to be'the person described in and who executed the above instrument and who acknowledged to me the act of signing thereof. AY,q< ZC ©TARp'9,'F N TARY PUBLIC, and for the State of O r* r„ W. Washington, residing at: ara�4< " z -3tt t i2etct ne— 5? ctt� Goa �Ws�' 4�1,225 !� W A5 1�`� My Commission Expires {} �'�'t • 2 cp , ,q2� �i O `c� � NOTE: This proposal form is not transferable and any alteration of the firm's name entered hereon without prior permission from the Contract Administrator will be cause for considering the proposal irregular and for subsequent rejection of the bid. Bid 916-43 Page 17 125 Bond No. LSM0629447 Whatcom County ., ... Bid Proposal (continued) KNOWN ALL MEN By THESE PRESENTS, that we, _ South Fork Construction Co. __� of 6190 Saxon Rd. Acme, WA__, as principal, and the RLI Insurance Companv a corporation duly organized under the laws of the State of Illinois and having its principal place of business at 3101 vvestem Ave #300, Seattle, in the State of Washington, as Surety, are held and firmly bound unto the County of Whatcom, a Municipal Corporation and Charter County in the State of Washington, in the full and penal sum of (5) percent of the total amount of the bid proposal of said principal for the work hereinafter described, for the payment of which, well and truly to be made, we bind our heirs, executors, administrators and assigns, and successors and assigns, jointly and severally, firmly by these presents. The condition of this bond is such that, whereas, the principal herein is herewith submitting his or its bid proposal for" Nesset Farm Building Stabilization and Repair" said bid proposal, by reference thereto, being made a part hereof. NOW, therefore, if the said bid proposal submitted by the said PRINCIPAL be accepted, and the contract be awarded to said PRINCIPAL, and if said PRINCIPAL shall duly make and enter into and execute said contract and shall furnish the performance bond as required by the bidding and contracts documents within a period of twenty (20) days from and after said award, exclusive of the day of such award, then its obligation to pay the above -mentioned penal sum as liquidated damages shall be null and void, otherwise it shall remain and be in full force and effect. SIGNED AND SEALED this sth day of .._.__July 2016 -- South Fork Construction Co. Principa By _ �k 1 n�. i (Seal) Russell A. Pfeiffer -Hoyt, of^mei RLI Insurance Company Surety By a'm W JessiCa� ichol7 Attomey-In-Fact The Attorney -in -fact who executes this bond on behalf of the surety company, must attach a copy of his power -of -attorney as evidence of his authority. Bid #16-43 Page 1 a 126 R[.IInsurance Company POWER. OF ATTORNEY RU" P.O. Box 3967 Peoria [L 61612-3967 Phone: (309)692-1000 Fax: (309)683-I610 RLI Insurance Company Bond No. LSM0629447 Know All Men by These Presents: That the RLI Insurance Company , a corporation organized and existing under the laws of the State of llunois and authorized and licensed to do business in all states and the District of Columbia does hereby make, constitute and appoint: Jessica Nichol in the City of Everson , State of Washin ton as Attorney In Fact , with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds, undertakings, and recognizances in an amount not to exceed Ten Million and 00/100 Dollars ( $10,000,000.00 ) for any single obligation, and specifically for the following described bond. Principal: _South Fork Construction Co.__. _ Obligee: Cougty of WSatcom1­1 Bond Amount: . 5% of Total Amount The RLI Insurance Company further certifies that the following is a true and exact copy of a Resolution adopted by the Board of Directors of RLI Insurance Company , and now in force to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the'Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company has caused these presents to be executed by its Vice President with its corporate seal affixed this 8th day of July 2016 pNCd ,,� ATTEST: ,,:`�. Quo' RLI Insurance Company ce5'PO�rF :V� OVA,(,L SEAL �- Cherie L. Montgomery ssistant Secretary �' ••...• g `;`' Barton W. Davis Vice President %•,'Lt�INO\l,, On this 8th day of Julv 2016 before me, a Notary Public, personally appeared Barton W. Davis and C herie l Morrtgon+ety , who being by me duly sworn, acknowledged that they signed the above Power of Attorney as Vice President and Assistant Secretary , respectively, of the said RLY Insur• lace Company and acknowledged said instrument to be the voluntary act and deed of said corporation. *OFMCIAL SE. L^ MUG MOTA1tY .. rt®ECG .JACOWRtINEPit.8, KLER Jae iehne M. Bock �r Notary Public al GOMWSSION EXPIRE MM4018 A0006104 SUBS BID 127 COUNTY ORIGINAL Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair CONTRACT NO. 27 c 16 Contract Documents Nesset Farm Building Stabilization and 02-70 M, Bid #16-43 Page 19 128 i pp R 4. . LJ �€ Whatcom County COD Bid #16-43.; l Nesset Farm Building Stabilization and Repair Co dj CONTRACT FOR SERVICES AGREEMENT Nesset Farm Building Stabilization and Repair � Areinafter called CONTRACTOR, and Whatcom County, hereinafter referred to as COUNTY, agree and contract as set forth in this AGREEMENT, including: General Conditions, pp. 22 to 28, Exhibit "A" (Scope of Work), pp. 37 to 41 Exhibit "B" (Compensation), pp. 40 to 41 Exhibit "C" (Insurance), p. 44 Exhibit "D" (Construction Drawings), p.45 Copies of these items are attached hereto and incorporated herein by this reference as fully set forth herein. The terms of this AGREEMENT shall commence ten days following the issuance of Notice to Proceed, and subject to authorized adjustments, and shall, unless terminated or renewed as elsewhere provided in the AGREEMENT, shall be substantially complete 120 days following of the Notice to Proceed. The general purpose or objective of this AGREEMENT is for: Foundation repairs and roof replacement at the Nesset House and Out Building, and foundation repair, partial wall and roof framing, and roof replacement at the Machine Shed as more definitively described in Exhibit "A" Documents hereto. The language of Exhibit "A" Documents controls in case of any conflict between it and that provided here. The Contract Number, set forth above, shall be included on all billings or correspondence in connection therewith. The CONTRACTOR agrees to keep records of all financial matters pertaining to this AGREEMENT in accordance with generally accepted accounting principles. The financial records shall be made available to representatives of the COUNTY or the Washington State Auditor's Office for audit, at such reasonable times and places as the COUNTY shall designate. Whatcom County's contract administrator for this AGREEMENT is the Parks & Recreation, Design & Development Supervisor. All work will be scheduled through the Parks & Recreation Design & Development Supervisor or his/her designee. CONTRACTOR acknowledges and by signing this contract agrees that the Indemnification provisions set forth in Paragraphs 11.1, 21.1, 30.1, 31.2, 32.1, 34.2 and 34.3, if included, are totally and fully part of this contract and have been mutually negotiated by the parties. IN WITHNESS WHEREOF, the parties have executecLthis A REEMENT this _ day of 4420(6. CONTRACTOR: hovk (OKS17kcillf. Name of CONTRACTOR ®,,®%$po n y # �!� STATE OF WASHINGTON ) 1b®®®�'�+"aR`mas$'o0�00 ® :C f0®is )ss. �• (p +.. COUNTY OFWHATCOM On this &7day of 3( 20 /6 before me peSo%r�appea edCS6 to me known to be the l4rg(: o,-- s_ 0 **A,w tobeXepdi above instrument and who acknowledged to me the act of signing and se ling there;:, ®,R .o.....• ®w NOTARY PLJBL9 in and for the Sta e of Washin ton, residing at �a 2- iC' r'd Bid #16-43 Page 20 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair WHATCOM COUNTY: Approved as to form: a Prosecuting Attorney Date Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ss COUNTY OF WHATCOM ) On this day of 20 J before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires CONTRACTOR INFORMATION: South Fork Construction Company 6190 Saxon Road Acme, WA 98220 Russell A Pfeiffer -Hoyt 360.595.2512 Email: saxoncreek(@msn.com Bid #16-43 130 Page 21 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair GENERAL CONDITIONS Series 00-09: Provisions Related to Scope and Nature of Services 0.1 Scope of Services: The CONTRACTOR agrees to provide to the COUNTY services and any materials as set forth in the project narrative identified as Exhibit "A" during the AGREEMENT period. No material, labor, or facilities will be furnished by the COUNTY, unless otherwise provided for in the AGREEMENT. Series 10-19: Provisions Related to Term and Termination 10.1 Term: Services provided by CONTRACTOR prior to or after the term of this contract shall be performed at the expense of CONTRACTOR and are not compensable under this contract unless both parties hereto agree to such provision in writing prior to the commencement or continuation of work. The term of this AGREEMENT may be extended by mutual AGREEMENT of the parties; provided, however, that the AGREEMENT is in writing and signed by both parties. 10.2 Extension: The duration of this AGREEMENT may be extended by mutual written consent of the parties, for a period of up to 30 days at a time, and for a total of no longer than 120 days. 11.1 Termination for Default: If the CONTRACTOR defaults by failing to perform any of the obligations of the contract or becomes insolvent or is declared bankrupt or commits any act of bankruptcy or insolvency or makes an assignment for the benefit of creditors, the COUNTY may, by depositing written notice to the CONTRACTOR in the U.S. mail, first class postage prepaid, terminate the contract, and at the COUNTY's option, obtain performance of the work elsewhere. Termination shall be effective upon CONTRACTOR's receipt of the written notice, or within three (3) days of the mailing of the notice, whichever occurs first. If the contract is terminated for default, the CONTRACTOR shall not be entitled to receive any further payments under the contract until all work called for has been fully performed. Any extra cost or damage to the COUNTY resulting from such default(s) shall be deducted from any money due or coming due to the CONTRACTOR. The CONTRACTOR shall bear any extra expenses incurred by the COUNTY in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the COUNTY by reason of such default. 11.2 Termination for Reduction in Funding: In the event that funding from State, Federal or other sources is withdrawn, reduced, or limited in any way after the effective date of this AGREEMENT, and prior to its normal completion, the COUNTY may summarily terminate this AGREEMENT to the funds withdrawn, reduced, or limited, notwithstanding any other termination provisions of this AGREEMENT. If the level of funding withdrawn, reduced or limited is so great that the COUNTY deems that the continuation of the programs covered by this AGREEMENT is no longer in the best interest of the COUNTY, the COUNTY may summarily terminate this AGREEMENT in whole, notwithstanding any other termination provisions of this AGREEMENT. Termination under this section shall be effective upon receipt of written notice as specified herein, or within three days of the mailing of the notice, whichever occurs first. 11.3 Termination for Public Convenience: The COUNTY may terminate the AGREEMENT in whole or in part whenever the COUNTY determines, in its sole discretion that such termination is in the interests of the COUNTY. Whenever the AGREEMENT is terminated in accordance with this paragraph, the CONTRACTOR shall be entitled to payment for actual work performed at unit contract prices for completed items of work. An equitable adjustment in the contract price for partially completed items of work will be made, but such adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted work. Termination of this AGREEMENT by the COUNTY at any time during the term, whether for default or convenience, shall not constitute breach of contract by the COUNTY. Bid #16-43 Page 22 131 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Series 20-29: Provisions Related to Consideration and Payments 20.1 Accounting and Payment for CONTRACTOR Services: Payment to the CONTRACTOR for services rendered under this AGREEMENT shall be as set forth in Exhibit "B." Where Exhibit "B" requires payments by the COUNTY, payment shall be based upon written claims supported, unless otherwise provided in Exhibit "B," by documentation of units of work actually performed and amounts earned, including, where appropriate, the actual number of days worked each month, total number of hours for the month, and the total dollar payment requested, so as to comply with municipal auditing requirements. Unless specifically stated in Exhibit "B" or approved in writing in advance by the official executing this AGREEMENT for the COUNTY or his designee (hereinafter referred to as the "Contract Administrator") the COUNTY will not reimburse the CONTRACTOR for any costs or expenses incurred by the CONTRACTOR in the performance of this contract. Where required, the COUNTY shall, upon receipt of appropriate documentation, compensate the CONTRACTOR, no more often than monthly, in accordance with the COUNTY's customary procedures, pursuant to the fee schedule set forth in Exhibit "B." 21.1 Taxes: The CONTRACTOR understands and acknowledges that the COUNTY will not withhold Federal or State income taxes. Where required by State or Federal law, the CONTRACTOR authorizes the COUNTY to withhold for any taxes other than income taxes (i.e., Medicare). All compensation received by the CONTRACTOR will be reported to the Internal Revenue Service at the end of the calendar year in accordance with the applicable IRS regulations. It is the responsibility of the CONTRACTOR to make the necessary estimated tax payments throughout the year, if any, and the CONTRACTOR is solely liable for any tax obligation arising from the CONTRACTOR's performance of this AGREEMENT. The CONTRACTOR hereby agrees to indemnify the COUNTY against any demand to pay taxes arising from the CONTRACTOR's failure to pay taxes on compensation earned pursuant to this AGREEMENT. The COUNTY will pay sales and use taxes imposed on goods or services acquired hereunder as required by law. The CONTRACTOR must pay all other taxes, including, but not limited to, Business and Occupation Tax, taxes based on the CONTRACTOR's gross or net income, or personal property to which the COUNTY does not hold title. The COUNTY is exempt from Federal Excise Tax. 22.1 Withholding Payment: In the event the COUNTY's Contract Administrator determines that the CONTRACTOR has failed to perform any obligation under this AGREEMENT within the times set forth in this AGREEMENT, then the COUNTY may withhold from amounts otherwise due and payable to CONTRACTOR the amount determined by the COUNTY as necessary to cure the default, until the Contract Administrator determines that such failure to perform has been cured. Withholding under this clause shall not be deemed a breach entitling CONTRACTOR to termination or damages, provided that the COUNTY promptly gives notice in writing to the CONTRACTOR of the nature of the default or failure to perform, and in no case more than 10 days after it determines to withhold amounts otherwise due. A determination of the Contract Administrator set forth in a notice to the CONTRACTOR of the action required and/or the amount required to cure any alleged failure to perform shall be deemed conclusive, except to the extent that the CONTRACTOR acts within the times and in strict accord with the provisions of the Disputes clause of this AGREEMENT. The COUNTY may act in accordance with any determination of the Contract Administrator which has become conclusive under this clause, without prejudice to any other remedy under the AGREEMENT, to take all or any of the following actions: (1) cure any failure or default, (2) to pay any amount so required to be paid and to charge the same to the account of the CONTRACTOR, (3) to set off any amount so paid or incurred from amounts due or to become due the CONTRACTOR. In the event the CONTRACTOR obtains relief upon a claim under the Disputes clause, no penalty or damages shall accrue to CONTRACTOR by reason of good faith withholding by the COUNTY under this clause. 23.1 Labor Standards: The CONTRACTOR agrees to comply with state and federal requirements, as applicable, pertaining to payment of wages and working conditions, in accordance with RCW 39.12.040, the Prevailing Wage Act; the Americans with Disabilities Act of 1990; the Davis -Bacon Act; and the Contract Work Hours and Safety Bid #16-43 Page 23 132 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that no laborer or mechanic shall be required to work in surroundings or under conditions which are unsanitary, hazardous, or dangerous to health and safety as determined by regulations promulgated by the Federal Secretary of Labor and the State of Washington. Series 30-39: Provisions Related to Administration of AGREEMENT 30.1 Independent CONTRACTOR: The CONTRACTOR's services shall be furnished by the CONTRACTOR as an independent CONTRACTOR, and nothing herein contained shall be construed to create a relationship of employer -employee or master - servant, but all payments made hereunder and all services performed shall be made and performed pursuant to this AGREEMENT by the CONTRACTOR as an independent CONTRACTOR. The CONTRACTOR acknowledges that the entire compensation for this AGREEMENT is specified in Exhibit "B" and the CONTRACTOR is not entitled to any benefits including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights or privileges afforded to employees of the COUNTY. The CONTRACTOR represents that he/she/it maintains a separate place of business, serves clients other than the COUNTY, will report all income and expense accrued under this contract to the Internal Revenue Service on a Schedule C, and has a tax account with the State of Washington Department of Revenue for payment of all sales and use and Business and Occupation taxes collected by the State of Washington. CONTRACTOR will defend, indemnify and hold harmless the COUNTY, its officers, agents or employees from any loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or demands because of breach of the provisions of this paragraph. 30.2 Assignment and Subcontracting: The performance of all activities contemplated by this AGREEMENT shall be accomplished by the CONTRACTOR. No portion of this contract may be assigned or subcontracted to any other individual, firm or entity without the express and prior written approval of the COUNTY. 30.3 No Guarantee of Employment: The performance of all or part of this contract by the CONTRACTOR shall not operate to vest any employment rights whatsoever and shall not be deemed to guarantee any employment of the CONTRACTOR or any employee of the CONTRACTOR or any subcontractor or any employee of any subcontractor by the COUNTY at the present time or in the future. 31.2 Patent/Copyright Infringement: Not Applicable 32.1 Confidentiality: The CONTRACTOR, its employees, subcontractors, and their employees shall maintain the confidentiality of all information provided by the COUNTY or acquired by the CONTRACTOR in performance of this AGREEMENT, except upon the prior written consent of the COUNTY or an order entered by a court after having acquired jurisdiction over the COUNTY. CONTRACTOR shall immediately give to the COUNTY notice of any judicial proceeding seeking disclosure of such information. CONTRACTOR shall indemnify and hold harmless the COUNTY, its officials, agents or employees from all loss or expense, including, but not limited to, settlements, judgments, setoffs, attorneys' fees and costs resulting from CONTRACTOR's breach of this provision. 33.1 Right to Review: This contract is subject to review by any Federal, State or COUNTY auditor. The COUNTY or its designee shall have the right to review and monitor the financial and service components of this program by whatever means are deemed expedient by the Contract Administrator or by the COUNTY Auditor's Office. Such review may occur with or without notice and may include, but is not limited to, on -site inspection by COUNTY agents or employees, inspection of all records or other materials which the COUNTY deems pertinent to the AGREEMENT and its performance, and any and all communications with or evaluations by service recipients under this AGREEMENT. The CONTRACTOR shall preserve and maintain all financial records and records relating to the performance of work under this AGREEMENT for three (3) years after Bid #16-43 Page 24 133 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair contract termination, and shall make them available for such review, within Whatcom County, State of Washington, upon request. CONTRACTOR also agrees to notify the Contract Administrator in advance of any inspections, audits, or program review by any individual, agency, or governmental unit whose purpose is to review the services provided within the terms of this AGREEMENT. If no advance notice is given to the CONTRACTOR, then the CONTRACTOR agrees to notify the Contract Administrator as soon as it is practical. 34.1 Proof of Insurance: The CONTRACTOR shall obtain and keep in force during the terms of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Property Damage per occurrence - $500,000.00 General liability & Property Damage for bodily injury per occurrence- $2,000,000.00 A Certificate of Insurance and Endorsements must be provided by the CONTRACTOR to the COUNTY that names Whatcom County and its employees, agents, officials, and volunteers as named additional insureds on the CONTRACTOR's insurance policy on this project. The CONTRACTOR's insurance shall be primary and shall waive all rights of subrogation. The COUNTY insurance shall be noncontributory. The CONTRACTOR must submit the Certificate of Insurance and Endorsements as described above to the COUNTY as an attachment to the contract as Exhibit C, or if agreed by the parties, proof of insurance must be provided prior to the commencement of any work on this project. All contracts between the CONTRACTOR and their subcontractors for work to be performed in furtherance or implementation of this contract shall contain the insurance provisions found herein. Failure of the CONTRACTOR to take out and/or maintain any required insurance shall not relieve The CONTRACTOR from any liability under the AGREEMENT, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. The COUNTY does not waive any Insurance requirements by the CONTRACTOR even in the event the Insurance Certificates and Endorsements provided by the CONTRACTOR were insufficient or inadequate proof of coverage but not objected to by the COUNTY. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the COUNTY, including its employees and other agents and agencies. It is further agreed by the parties that insurance companies issuing the policy or policies required by this AGREEMENT shall have no recourse against the COUNTY (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the CONTRACTOR. 34.2 Industrial Insurance Waiver: With respect to the performance of this AGREEMENT and as to claims against the COUNTY, its officers, agents and employees, the CONTRACTOR expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees and agrees that the obligations to indemnify, defend and hold harmless provided in this AGREEMENT extend to any claim brought by or on behalf of any employee of the CONTRACTOR. This waiver is mutually negotiated by the parties to this AGREEMENT. 34.3 Defense & Indemnity AGREEMENT: To the fullest extent permitted by law, the CONTRACTOR agrees to indemnify, defend and hold the COUNTY and its departments, elected and appointed officials, employees, agents and volunteers, harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs, attorney's fees and alternative dispute resolution costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property (including the loss of use resulting therefrom) which 1) are caused in whole or in part by any act or omission, negligent or otherwise, of the CONTRACTOR , its employees, agents or volunteers or CONTRACTOR's subcontractors and their employees, agents or volunteers; or 2) are directly or indirectly arising out of, resulting from, or in connection with performance of this AGREEMENT; or 3) are based upon the CONTRACTOR's or its subcontractors' use of, presence upon or proximity to the property of the COUNTY. This indemnification Bid #16-43 Page 25 134 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair obligation of the CONTRACTOR shall not apply in the limited circumstance where the claim, damage, loss or expense is caused by the sole negligence of the COUNTY. This indemnification obligation of the CONTRACTOR shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other workmen's compensation act, disability benefit act or other employee benefit act, and the CONTRACTOR hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the CONTRACTOR are a material inducement to COUNTY to enter into this AGREEMENT, are reflected in the CONTRACTOR's compensation, and have been mutually negotiated by the parties. The COUNTY reserves the right, but not the obligation, to participate in the defense of any claim, damages, losses or expenses and such participation shall not constitute a waiver of CONTRACTOR's indemnity obligations under this AGREEMENT. The CONTRACTOR agrees all CONTRACTOR's indemnity obligations shall survive the completion, expiration or termination of this AGREEMENT. In the event the CONTRACTOR enters into subcontracts to the extent allowed under this AGREEMENT, CONTRACTOR's subcontractors shall indemnify the COUNTY on a basis equal to or exceeding Provider's indemnity obligations to the COUNTY. It is further provided that no liability shall attach to the COUNTY by reason of entering into this contract, except as expressly provided herein. 35.1 Non -Discrimination in Employment: The COUNTY's policy is to provide equal opportunity in all terms, conditions and privileges of employment for all qualified applicants and employees without regard to race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status. The CONTRACTOR shall comply with all laws prohibiting discrimination against any employee or applicant for employment on the grounds of race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Furthermore, in those cases in which the CONTRACTOR is governed by such laws, the CONTRACTOR shall take affirmative action to insure that applicants are employed, and treated during employment, without regard to their race, color, creed, religion, national origin, sex, sexual orientation, age, marital status, disability, or veteran status, except where such constitutes a bona fide occupational qualification. Such action shall include, but not be limited to: advertising, hiring, promotions, layoffs or terminations, rate of pay or other forms of compensation benefits, selection for training including apprenticeship, and participation in recreational and educational activities. In all solicitations or advertisements for employees placed by them or on their behalf, the CONTRACTOR shall state that all qualified applicants will receive consideration for employment without regard to race, color religion, sex sexual orientation or national origin. The foregoing provisions shall also be binding upon any subcontractor, provided that the foregoing provision shall not apply to contracts or subcontractors for standard commercial supplies or raw materials, or to sole proprietorships with no employees. 35.2 Non -Discrimination in Client Services: Not Applicable 36.1 Waiver of Noncompetition: Not Applicable 36.2 Conflict of Interest: If at any time prior to commencement of, or during the term of this AGREEMENT, CONTRACTOR or any of its employees involved in the performance of this AGREEMENT shall have or develop an interest in the subject matter of this AGREEMENT that is potentially in conflict with the COUNTY's interest, then CONTRACTOR shall immediately notify the COUNTY of the same. The notification of the COUNTY shall be made with sufficient specificity to enable the COUNTY to make an informed judgment as to whether or not the COUNTY's interest may be compromised in any manner by the existence of the conflict, actual or potential. Thereafter, the COUNTY may require the CONTRACTOR to take reasonable steps to remove the conflict of interest. The COUNTY may also terminate this contract according to the provisions herein for termination. Bid #16-43 Page 26 135 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair 37.1 Administration of Contract: This AGREEMENT shall be subject to all laws, rules, and regulations of the United States of America, the State of Washington, and political subdivisions of the State of Washington. The CONTRACTOR also agrees to comply with applicable federal, state, County or municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals. The COUNTY hereby appoints, and the CONTRACTOR hereby accepts, the Whatcom County Executive, and his or her designee, as the COUNTY's representative, hereinafter referred to as the Contract Administrator, for the purposes of administering the provisions of this AGREEMENT, including the COUNTY's right to receive and act on all reports and documents, and any auditing performed by the COUNTY related to this AGREEMENT. The Contract Administrator for purposes of this AGREEMENT is: Rod Lamb, Design & Development Supervisor Whatcom County Parks & Recreation 3373 Mount Baker Highway Bellingham, WA 98226 37.2 Notice: Except as set forth elsewhere in the AGREEMENT, for all purposes under this AGREEMENT except service of process, notice shall be given by the CONTRACTOR to the COUNTY's Contract Administrator under this AGREEMENT. Notice to the CONTRACTOR for all purposes under this AGREEMENT shall be given to the address provided by the CONTRACTOR herein above in the "CONTRACTOR Information" section. Notice may be given by delivery or by depositing in the US Mail, first class, postage prepaid. Series 40-49. Provisions Related to Interpretation of AGREEMENT and Resolution of Disputes 40.1 Modifications: Either party may request changes in the AGREEMENT. Any and all agreed modifications, to be valid and binding by both parties, shall be in writing and signed by both of the parties prior to the implementation of the modifications. 40.2 CONTRACTOR Commitments, Warranties and Representations: Any written commitment received from the CONTRACTOR concerning this AGREEMENT shall be binding upon the CONTRACTOR, unless otherwise specifically provided herein with reference to this paragraph. Failure of the CONTRACTOR to fulfill such a commitment shall render the CONTRACTOR liable for damages to the COUNTY. A commitment includes, but is not limited to, any representation made prior to execution of this AGREEMENT, whether or not incorporated elsewhere herein by reference, as to performance of services or equipment, prices or options for future acquisition to remain in effect for a fixed period, or warranties of not less than one year. CONTRACTOR agrees to provide a warranty for all workmanship, materials, and equipment for a period of not less than one year. If a manufacturer warrants materials and/or equipment for a time greater than one year, all warranties will remain in effect for the duration as specified by the manufacturer. 41.1 Severability: If any term or condition of this contract or the application thereof to any person(s) or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term, condition or application. To this end, the terms and conditions of this contract are declared severable. 41.2 Waiver: Waiver of any breach or condition of this contract shall not be deemed a waiver of any prior or subsequent breach. No term or condition of this contract shall be held to be waived, modified or deleted except by an instrument, in writing, signed by the parties hereto. The failure of the COUNTY to insist upon strict performance of any of the covenants and AGREEMENTS of this AGREEMENT, or to exercise any option herein conferred in any one or more instances, shall not be construed to be a waiver or relinquishment of any such, or any other covenants or AGREEMENTs, but the same shall be and remain in full force and effect. Bid #16-43 Page 27 136 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair 42.1 Disputes: a. General: Differences between the CONTRACTOR and the COUNTY, arising under and by virtue of the Contract Documents, shall be brought to the attention of the COUNTY at the earliest possible time in order that such matters may be settled or other appropriate action promptly taken. Except for such objections as are made of record in the manner hereinafter specified and within the time limits stated, the records, orders, rulings, instructions, and decisions of the Contract Administrator shall be final and conclusive. Notice of Potential Claims: The CONTRACTOR shall not be entitled to additional compensation which otherwise may be payable, or to extension of time for (1) any act or failure to act by the Contract Administrator or the COUNTY, or (2) the happening of any event or occurrence, unless the CONTRACTOR has given the COUNTY a written Notice of Potential Claim within ten (10) days of the commencement of the act, failure, or event giving rise to the claim, and before final payment by the COUNTY. The written Notice of Potential Claim shall set forth the reasons for which the CONTRACTOR believes additional compensation or extension of time is due, the nature of the cost involved, and insofar as possible, the amount of the potential claim. CONTRACTOR shall keep full and complete daily records of the work performed, labor and material used, and all costs and additional time claimed to be additional. Detailed Claim: The CONTRACTOR shall not be entitled to claim any such additional compensation, or extension of time, unless within thirty (30) days of the accomplishment of the portion of the work from which the claim arose, and before final payment by the COUNTY, the CONTRACTOR has given the COUNTY a detailed written statement of each element of cost or other compensation requested and of all elements of additional time required, and copies of any supporting documents evidencing the amount or the extension of time claimed to be due. d. Arbitration: Other than claims for injunctive relief brought by a party hereto (which may be brought either in court or pursuant to this arbitration provision), and consistent with the provisions hereinabove, any claim, dispute or controversy between the parties under, arising out of, or related to this AGREEMENT or otherwise, including issues of specific performance, shall be determined by arbitration in Bellingham, Washington, under the applicable American Arbitration Association (AAA) rules in effect on the date hereof, as modified by this AGREEMENT. There shall be one arbitrator selected by the parties within ten (10) days of the arbitration demand, or if not, by the AAA or any other group having similar credentials. Any issue about whether a claim is covered by this AGREEMENT shall be determined by the arbitrator. The arbitrator shall apply substantive law and may award injunctive relief, equitable relief (including specific performance), or any other remedy available from a judge, including expenses, costs and attorney fees to the prevailing party and pre -award interest, but shall not have the power to award punitive damages. The decision of the arbitrator shall be final and binding and an order confirming the award or judgment upon the award may be entered in any court having jurisdiction. The parties agree that the decision of the arbitrator shall be the sole and exclusive remedy between them regarding any dispute presented or pled before the arbitrator. At the request of either party made not later than forty-five (45) days after the arbitration demand, the parties agree to submit the dispute to nonbinding mediation, which shall not delay the arbitration hearing date; provided, that either party may decline to mediate and proceed with arbitration. Unless otherwise specified herein, this AGREEMENT shall be governed by the laws of Whatcom County and the State of Washington. 43.1 Venue and Choice of Law: In the event that any litigation should arise concerning the construction or interpretation of any of the terms of this AGREEMENT, the venue of such action of litigation shall be in the courts of the State of Washington in and for the County of Whatcom. This AGREEMENT shall be governed by the laws of the State of Washington. 44.1 Survival: Bid #16-43 Page 28 137 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair The provisions of paragraphs 11.1, 11.2, 11.3, 21.1, 22.1, 30.1, 31.1, 31.2, 32.1, 33.1, 34.2, 34.3, 36.1, 40.2, 41.2, 42.1, and 43.1, if utilized, shall survive, notwithstanding the termination or invalidity of this AGREEMENT for any reason. 45.1 Entire AGREEMENT: This written AGREEMENT, comprised of the writings signed or otherwise identified and attached hereto, represents the entire AGREEMENT between the parties and supersedes any prior oral statements, discussions or understandings between the parties. Bid #16-43 Page 29 138 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Nesset Farm Building Stabilization and Repair Performance Bond and Payment Bond KNOW ALL MEN BY THESE PRESENTS, that as PRINCIPAL, and a corporation duly authorized to do a general Surety business in the State of Washington, as Surety, are jointly and severally held and bound unto the COUNTY of Whatcom, OBLIGEE herein, in the sum of DOLLARS, the lawful money of the United States, for the payment of which we bind our heirs, administrators, executors, successors, and assigns, jointly and severally, firmly by these presents. WHEREAS, the PRINCIPAL has executed and entered into a certain Contract, with the OBLIGEE, dated in the Contract described, which Contract is hereto annexed. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH THAT: If the PRINCIPAL shall well and truly perform and fulfill all and every obligation of the covenants, conditions, stipulations, and AGREEMENTS in the Contract mentioned to be performed and fulfilled; and shall promptly make payment to all persons supplying him or his subcontractors with labor, equipment and materials in the prosecution of the work provided for in the Contract; and shall keep the OBLIGEE harmless and indemnified from and against all and every claim, demand, judgment, lien, cost and fee of every description incurred in suits or otherwise against the OBLIGEE, growing out of or incurred in, the prosecution of the work according to the terms of the Contract; and shall repay to the OBLIGEE all sums of money which the OBLIGEE may pay to other persons on account of work and labor done or materials furnished on or for the Contract whether furnished by the CONTRACTOR, any of his subcontractors pursuant to paragraph 11.01 and 11.02 of the Contract; and if the PRINCIPAL shall pay to the OBLIGEE all damages or forfeitures which may be sustained by reason of the nonperformance or malperformance of the part of the PRINCIPAL of any of the covenants, conditions, stipulations, and AGREEMENTs of this Contract, then this obligation shall be void; otherwise the same shall remain in full force and virtue. It is, however, mutually understood between the parties hereto, that in no event shall SURETY by liable for a greater sum than the penalty of this bond. IN THE WITNESS WHEREOF, this instrument is executed in counterparts, each one of which shall be deemed an original. This day of 20 WITNESS AS TO PRINCIPAL (Seal) Principal By Surety By Attorney -in -Fact The Attorney -in -Fact (Resident Agent) who executes this bond in behalf of the Surety, must attach a copy of his power -of -attorney as evidence of his authority. Bid #16-43 Page 30 139 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Whatcom County CONTRACTOR's Declaration Form 1. CONTRACTOR INFORMATION CONTRACTOR Name: �C '�, ( Phone: Contact Person: Fax: Address: 6X d.° P P tAA Ia II. E-VERIFY ENROLLMENT (check one or more boxes) CONTRACTORS with funded contracts of $100,000 or more must be enrolled in E-Verify system. Work related subcontract is $25,000 or higher. www. uscis.gov/e-verify CONTRACTOR is enrolled in E-Verify; a copy of the signed E-Verify Memorandum of Understanding is attached. ❑ CONTRACTOR is exempt from this requirement because: ❑ Contract is a professional services AGREEMENT which includes, but is not limited to, services from lawyers, architects, engineers, labor relations consultants, mental health providers and computer specialists. ❑ Contract is less than $100,000. ❑ Contract is for commercial off the shelf items (COTS). ❑ Contract work is for less than 120 days. ❑ Contract work is all performed outside of the U.S. ❑ Work related subcontract is for less than $25,000. l declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct, and that 1 am authorized to bind this entity contractually. e Signature Name ZAN Date Title 140 Bid #16-43 Page 31 E s� ti S� K � Company ID Number: 1112081 THE E-VERIFY MEMORANDUM OF UNDERSTANDING FOR EMPLOYERS ARTICLE I PURPOSE AND AUTHORITY The parties to this agreement are the Department of Homeland Security (DHS) and the Russell A and Lucinda A Pfeiffer -Hoyt (Employer). The purpose of this agreement is to set forth terms and conditions which the Employer will follow while participating in E-Verify. E-Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of Form 1-9, Employment Eligibility Verification (Form 1-9). This Memorandum of Understanding (MOU) explains certain features of the E-Verify program and describes specific responsibilities of the Employer, the Social Security Administration (SSA), and DHS. Authority for the E-Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). The Federal Acquisition Regulation (FAR) Subpart 22.18, "Employment Eligibility Verification" and Executive Order 12989, as amended, provide authority for Federal contractors and subcontractors (Federal contractor) to use E-Verify to verify the employment eligibility of certain employees working on Federal contracts. ARTICLE II RESPONSIBILITIES A. RESPONSIBILITIES OF THE EMPLOYER 1. The Employer agrees to display the following notices supplied by DHS in a prominent place that is clearly visible to prospective employees and all employees who are to be verified through the system: a. Notice of E-Verify Participation b. Notice of Right to Work 2. The Employer agrees to provide to the SSA and DHS the names, titles, addresses, and telephone numbers of the Employer representatives to be contacted about E-Verify. The Employer also agrees to keep such information current by providing updated information to SSA and DHS whenever the representatives' contact information changes. 3. The Employer agrees to grant E-Verify access only to current employees who need E-Verify access. Employers must promptly terminate an employee's E-Verify access if the employer is separated from the company or no longer needs access to E-Verify. Page 1 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 141 IfV E-Ved-1111111I.— Company ID Number: 1112081 4. The Employer agrees to become familiar with and comply with the most recent version of the E-Verify User Manual. 5. The Employer agrees that any Employer Representative who will create E-Verify cases will complete the E-Verify Tutorial before that individual creates any cases. a. The Employer agrees that all Employer representatives will take the refresher tutorials when prompted by E-Verify in order to continue using E-Verify. Failure to complete a refresher tutorial will prevent the Employer Representative from continued use of E-Verify. 6. The Employer agrees to comply with current Form 1-9 procedures, with two exceptions: a. If an employee presents a "List B" identity document, the Employer agrees to only accept "List B" documents that contain a photo. (List B documents identified in 8 C.F.R. § 274a.2(b)(1)(B)) can be presented during the Form 1-9 process to establish identity.) If an employee objects to the photo requirement for religious reasons, the Employer should contact E-Verify at 888-464-4218. b. If an employee presents a DHS Form 1-551 (Permanent Resident Card), Form 1-766 (Employment Authorization Document), or U.S. Passport or Passport Card to complete Form 1-9, the Employer agrees to make a photocopy of the document and to retain the photocopy with the employee's Form 1-9. The Employer will use the photocopy to verify the photo and to assist DHS with its review of photo mismatches that employees contest. DHS may in the future designate other documents that activate the photo screening tool. Note: Subject only to the exceptions noted previously in this paragraph, employees still retain the right to present any List A, or List B and List C, document(s) to complete the Form 1-9. 7. The Employer agrees to record the case verification number on the employee's Form 1-9 or to print the screen containing the case verification number and attach it to the employee's Form 1-9. 8. The Employer agrees that, although it participates in E-Verify, the Employer has a responsibility to complete, retain, and make available for inspection Forms 1-9 that relate to its employees, or from other requirements of applicable regulations or laws, including the obligation to comply with the antidiscrimination requirements of section 274B of the INA with respect to Form 1-9 procedures. a. The following modified requirements are the only exceptions to an Employer's obligation to not employ unauthorized workers and comply with the anti -discrimination provision of the INA: (1) List B identity documents must have photos, as described in paragraph 6 above; (2) When an Employer confirms the identity and employment eligibility of newly hired employee using E-Verify procedures, the Employer establishes a rebuttable presumption that it has not violated section 274A(a)(1)(A) of the Immigration and Nationality Act (INA) with respect to the hiring of that employee; (3) If the Employer receives a final nonconfirmation for an employee, but continues to employ that person, the Employer must notify DHS and the Employer is subject to a civil money penalty between $550 and $1,100 for each failure to notify DHS of continued employment following a final nonconfirmation; (4) If the Employer continues to employ an employee after receiving a final nonconfirmation, then the Employer is subject to a rebuttable presumption that it has knowingly Page 2 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 142 Company ID Number: 1112081 employed an unauthorized alien in violation of section 274A(a)(1)(A); and (5) no E-Verify participant is civilly or criminally liable under any law for any action taken in good faith based on information provided through the E-Verify. b. DHS reserves the right to conduct Form 1-9 compliance inspections, as well as any other enforcement or compliance activity authorized by law, including site visits, to ensure proper use of E-Verify. 9. The Employer is strictly prohibited from creating an E-Verify case before the employee has been hired, meaning that a firm offer of employment was extended and accepted and Form 1-9 was completed. The Employer agrees to create an E-Verify case for new employees within three Employer business days after each employee has been hired (after both Sections 1 and 2 of Form 1-9 have been completed), and to complete as many steps of the E-Verify process as are necessary according to the E-Verify User Manual. If E-Verify is temporarily unavailable, the three-day time period will be extended until it is again operational in order to accommodate the Employer's attempting, in good faith, to make inquiries during the period of unavailability. 10. The Employer agrees not to use E-Verify for pre -employment screening of job applicants, in support of any unlawful employment practice, or for any other use that this MOU or the E-Verify User Manual does not authorize. 11. The Employer must use E-Verify for all new employees. The Employer will not verify selectively and will not verify employees hired before the effective date of this MOU. Employers who are Federal contractors may qualify for exceptions to this requirement as described in Article 11.13 of this MOU. 12. The Employer agrees to follow appropriate procedures (see Article III below) regarding tentative nonconfirmations. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. Further, when employees contest a tentative nonconfirmation based upon a photo mismatch, the Employer must take additional steps (see Article III.B. below) to contact DHS with information necessary to resolve the challenge. 13. The Employer agrees not to take any adverse action against an employee based upon the employee's perceived employment eligibility status while SSA or DHS is processing the verification request unless the Employer obtains knowledge (as defined in 8 C.F.R. § 274a.1(1)) that the employee is not work authorized. The Employer understands that an initial inability of the SSA or DHS automated verification system to verify work authorization, a tentative nonconfirmation, a case in continuance (indicating the need for additional time for the government to resolve a case), or the finding of a photo mismatch, does not establish, and should not be interpreted as, evidence that the employee is not work authorized. In any of such cases, the employee must be provided a full and fair opportunity to contest the finding, and if he or she does so, the employee may not be terminated or suffer any adverse employment consequences based upon the employee's perceived employment eligibility status Page 3 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 143 n.` �1 Company ID Number: 1112081 (including denying, reducing, or extending work hours, delaying or preventing training, requiring an employee to work in poorer conditions, withholding pay, refusing to assign the employee to a Federal contract or other assignment, or otherwise assuming that he or she is unauthorized to work) until and unless secondary verification by SSA or DHS has been completed and a final nonconfirmation has been issued. If the employee does not choose to contest a tentative nonconfirmation or a photo mismatch or if a secondary verification is completed and a final nonconfirmation is issued, then the Employer can find the employee is not work authorized and terminate the employee's employment. Employers or employees with questions about a final nonconfirmation may call E-Verify at 1-888-464- 4218 (customer service) or 1-888-897-7781 (worker hotline). 14. The Employer agrees to comply with Title VII of the Civil Rights Act of 1964 and section 274E of the INA as applicable by not discriminating unlawfully against any individual in hiring, firing, employment eligibility verification, or recruitment or referral practices because of his or her national origin or citizenship status, or by committing discriminatory documentary practices. The Employer understands that such illegal practices can include selective verification or use of E-Verify except as provided in part D below, or discharging or refusing to hire employees because they appear or sound "foreign" or have received tentative nonconfirmations. The Employer further understands that any violation of the immigration -related unfair employment practices provisions in section 274B of the INA could subject the Employer to civil penalties, back pay awards, and other sanctions, and violations of Title VI could subject the Employer to back pay awards, compensatory and punitive damages. Violations of either section 274B of the INA or Title VI may also lead to the termination of its participation in E-Verify. If the Employer has any questions relating to the anti -discrimination provision, it should contact OSC at 1-800-255-8155 or 1-800-237-2515 (TDD). 15. The Employer agrees that it will use the information it receives from E-Verify only to confirm the employment eligibility of employees as authorized by this MOU. The Employer agrees that it will safeguard this information, and means of access to it (such as PINS and passwords), to ensure that it is not used for any other purpose and as necessary to protect its confidentiality, including ensuring that it is not disseminated to any person other than employees of the Employer who are authorized to perform the Employer's responsibilities under this MOU, except for such dissemination as may be authorized in advance by SSA or DHS for legitimate purposes. 16. The Employer agrees to notify DHS immediately in the event of a breach of personal information. Breaches are defined as loss of control or unauthorized access to E-Verify personal data. All suspected or confirmed breaches should be reported by calling 1-888-464-4218 or via email at E-VerifyC@-dhs.gov. Please use "Privacy Incident— Password" in the subject line of your email when sending a breach report to E-Verify. 17. The Employer acknowledges that the information it receives from SSA is governed by the Privacy Act (5 U.S.C. § 552a(i)(1) and (3)) and the Social Security Act (42 U.S.C. 1306(a)). Any person who obtains this information under false pretenses or uses it for any purpose other than as provided for in this MOU may be subject to criminal penalties. 18. The Employer agrees to cooperate with DHS and SSA in their compliance monitoring and evaluation of E-Verify, which includes permitting DHS, SSA, their contractors and other agents, upon Page 4 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 144 Company ID Number: 1112081 reasonable notice, to review Forms 1-9 and other employment records and to interview it and its employees regarding the Employer's use of E-Verify, and to respond in a prompt and accurate manner to DHS requests for information relating to their participation in E-Verify. 19. The Employer shall not make any false or unauthorized claims or references about its participation in E-Verify on its website, in advertising materials, or other media. The Employer shall not describe its services as federally -approved, federally -certified, or federally -recognized, or use language with a similar intent on its website or other materials provided to the public. Entering into this MOU does not mean that E-Verify endorses or authorizes your E-Verify services and any claim to that effect is false. 20. The Employer shall not state in its website or other public documents that any language used therein has been provided or approved by DHS, USCIS or the Verification Division, without first obtaining the prior written consent of DHS. 21. The Employer agrees that E-Verify trademarks and logos may be used only under license by DHS/USCIS (see M-795 (Web)) and, other than pursuant to the specific terms of such license, may not be used in any manner that might imply that the Employer's services, products, websites, or publications are sponsored by, endorsed by, licensed by, or affiliated with DHS, USCIS, or E-Verify. 22. The Employer understands that if it uses E-Verify procedures for any purpose other than as authorized by this MOU, the Employer may be subject to appropriate legal action and termination of its participation in E-Verify according to this MOU. B. RESPONSIBILITIES OF FEDERAL CONTRACTORS 1. If the Employer is a Federal contractor with the FAR E-Verify clause subject to the employment verification terms in Subpart 22.18 of the FAR, it will become familiar with and comply with the most current version of the E-Verify User Manual for Federal Contractors as well as the E-Verify Supplemental Guide for Federal Contractors. 2. In addition to the responsibilities of every employer outlined in this MOU, the Employer understands that if it is a Federal contractor subject to the employment verification terms in Subpart 22.18 of the FAR it must verify the employment eligibility of any "employee assigned to the contract" (as defined in FAR 22.1801). Once an employee has been verified through E-Verify by the Employer, the Employer may not create a second case for the employee through E-Verify. a. An Employer that is not enrolled in E-Verify as a Federal contractor at the time of a contract award must enroll as a Federal contractor in the E-Verify program within 30 calendar days of contract award and, within 90 days of enrollment, begin to verify employment eligibility of new hires using E-Verify. The Employer must verify those employees who are working in the United States, whether or not they are assigned to the contract. Once the Employer begins verifying new hires, such verification of new hires must be initiated within three business days after the hire date. Once enrolled in E-Verify as a Federal contractor, the Employer must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. Page 5 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 145 Company ID Number: 1112081 b. Employers enrolled in E-Verify as a Federal contractor for 90 days or more at the time of a contract award must use E-Verify to begin verification of employment eligibility for new hires of the Employer who are working in the United States, whether or not assigned to the contract, within three business days after the date of hire. If the Employer is enrolled in E-Verify as a Federal contractor for 90 calendar days or less at the time of contract award, the Employer must, within 90 days of enrollment, begin to use E-Verify to initiate verification of new hires of the contractor who are working in the United States, whether or not assigned to the contract. Such verification of new hires must be initiated within three business days after the date of hire. An Employer enrolled as a Federal contractor in E-Verify must begin verification of each employee assigned to the contract within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever is later. c. Federal contractors that are institutions of higher education (as defined at 20 U.S.C. 1001(a)), state or local governments, governments of Federally recognized Indian tribes, or sureties performing under a takeover agreement entered into with a Federal agency under a performance bond may choose to only verify new and existing employees assigned to the Federal contract. Such Federal contractors may, however, elect to verify all new hires, and/or all existing employees hired after November 6, 1986. Employers in this category must begin verification of employees assigned to the contract within 90 calendar days after the date of enrollment or within 30 days of an employee's assignment to the contract, whichever date is later. d. Upon enrollment, Employers who are Federal contractors may elect to verify employment eligibility of all existing employees working in the United States who were hired after November 6, 1986, instead of verifying only those employees assigned to a covered Federal contract. After enrollment, Employers must elect to verify existing staff following DHS procedures and begin E-Verify verification of all existing employees within 180 days after the election. e. The Employer may use a previously completed Form 1-9 as the basis for creating an E-Verify case for an employee assigned to a contract as long as: i. That Form 1-9 is complete (including the SSN) and complies with Article II.A.6, ii. The employee's work authorization has not expired, and iii. The Employer has reviewed the Form 1-9 information either in person or in communications with the employee to ensure that the employee's Section 1, Form 1-9 attestation has not changed (including, but not limited to, a lawful permanent resident alien having become a naturalized U.S. citizen). f. The Employer shall complete anew Form 1-9 consistent with Article I I.A.6 or update the previous Form 1-9 to provide the necessary information if: i. The Employer cannot determine that Form 1-9 complies with Article II.A.6, ii. The employee's basis for work authorization as attested in Section 1 has expired or changed, or iii. The Form 1-9 contains no SSN or is otherwise incomplete. Note: If Section 1 of Form 1-9 is otherwise valid and up-to-date and the form otherwise complies with Page 6 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 146 Company ID Number: 1112081 Article II.C.5, but reflects documentation (such as a U.S. passport or Form 1-551) that expired after completing Form 1-9, the Employer shall not require the production of additional documentation, or use the photo screening tool described in Article I I.A.5, subject to any additional or superseding instructions that may be provided on this subject in the E-Verify User Manual. g. The Employer agrees not to require a second verification using E-Verify of any assigned employee who has previously been verified as a newly hired employee under this MOU or to authorize verification of any existing employee by any Employer that is not a Federal contractor based on this Article. 3. The Employer understands that if it is a Federal contractor, its compliance with this MOU is a performance requirement under the terms of the Federal contract or subcontract, and the Employer consents to the release of information relating to compliance with its verification responsibilities under this MOU to contracting officers or other officials authorized to review the Employer's compliance with Federal contracting requirements. C. RESPONSIBILITIES OF SSA 1. SSA agrees to allow DHS to compare data provided by the Employer against SSA's database. SSA sends DHS confirmation that the data sent either matches or does not match the information in SSA's database. 2. SSA agrees to safeguard the information the Employer provides through E-Verify procedures. SSA also agrees to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security numbers or responsible for evaluation of E-Verify or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). 3. SSA agrees to provide case results from its database within three Federal Government work days of the initial inquiry. E-Verify provides the information to the Employer. 4. SSA agrees to update SSA records as necessary if the employee who contests the SSA tentative nonconfirmation visits an SSA field office and provides the required evidence. If the employee visits an SSA field office within the eight Federal Government work days from the date of referral to SSA, SSA agrees to update SSA records, if appropriate, within the eight -day period unless SSA determines that more than eight days may be necessary. In such cases, SSA will provide additional instructions to the employee. If the employee does not visit SSA in the time allowed, E-Verify may provide a final nonconfirmation to the employer. Note: If an Employer experiences technical problems, or has a policy question, the employer should contact E-Verify at 1-888-464-4218. D. RESPONSIBILITIES OF DHS 1. DHS agrees to provide the Employer with selected data from DHS databases to enable the Employer to conduct, to the extent authorized by this MOU: a. Automated verification checks on alien employees by electronic means, and Page 7 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 147 Company ID Number: 1112081 b. Photo verification checks (when available) on employees. 2. DHS agrees to assist the Employer with operational problems associated with the Employer's participation in E-Verify. DHS agrees to provide the Employer names, titles, addresses, and telephone numbers of DHS representatives to be contacted during the E-Verify process. 3. DHS agrees to provide to the Employer with access to E-Verify training materials as well as an E-Verify User Manual that contain instructions on E-Verify policies, procedures, and requirements for both SSA and DHS, including restrictions on the use of E-Verify. 4. DHS agrees to train Employers on all important changes made to E-Verify through the use of mandatory refresher tutorials and updates to the E-Verify User Manual. Even without changes to E-Verify, DHS reserves the right to require employers to take mandatory refresher tutorials. 5. DHS agrees to provide to the Employer a notice, which, indicates the Employer's participation in E-Verify. DHS also agrees to provide to the Employer anti -discrimination notices issued by the Office of Special Counsel for Immigration -Related Unfair Employment Practices (OSC), Civil Rights Division, U.S. Department of Justice. 6. DHS agrees to issue each of the Employer's E-Verify users a unique user identification number and password that permits them to log in to E-Verify. 7. DHS agrees to safeguard the information the Employer provides, and to limit access to such information to individuals responsible for the verification process, for evaluation of E-Verify, or to such other persons or entities as may be authorized by applicable law. Information will be used only to verify the accuracy of Social Security numbers and employment eligibility, to enforce the INA and Federal criminal laws, and to administer Federal contracting requirements. 8. DHS agrees to provide a means of automated verification that provides (in conjunction with SSA verification procedures) confirmation or tentative nonconfirmation of employees' employment eligibility within three Federal Government work days of the initial inquiry. 9. DHS agrees to provide a means of secondary verification (including updating DHS records) for employees who contest DHS tentative nonconfirmations and photo mismatch tentative nonconfirmations. This provides final confirmation or nonconfirmation of the employees' employment eligibility within 10 Federal Government work days of the date of referral to DHS, unless DHS determines that more than 10 days may be necessary. In such cases, DHS will provide additional verification instructions. ARTICLE III REFERRAL OF INDIVIDUALS TO SSA AND DHS A. REFERRAL TO SSA 1. If the Employer receives a tentative nonconfirmation issued by SSA, the Employer must print the notice as directed by E-Verify. The Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify Page 8 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 Company ID Number: 1112081 case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer agrees to provide written referral instructions to employees and instruct affected employees to bring the English copy of the letter to the SSA. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. After a tentative nonconfirmation, the Employer will refer employees to SSA field offices only as directed by E-Verify. The Employer must record the case verification number, review the employee information submitted to E-Verify to identify any errors, and find out whether the employee contests the tentative nonconfirmation. The Employer will transmit the Social Security number, or any other corrected employee information that SSA requests, to SSA for verification again if this review indicates a need to do so. 4. The Employer will instruct the employee to visit an SSA office within eight Federal Government work days. SSA will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 5. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. 6. The Employer agrees not to ask the employee to obtain a printout from the Social Security Administration number database (the Numident) or other written verification of the SSN from the SSA. B. REFERRAL TO DHS 1. If the Employer receives a tentative nonconfirmation issued by DHS, the Employer must promptly notify employees in private of the finding and provide them with the notice and letter containing information specific to the employee's E-Verify case. The Employer also agrees to provide both the English and the translated notice and letter for employees with limited English proficiency to employees. The Employer must allow employees to contest the finding, and not take adverse action against employees if they choose to contest the finding, while their case is still pending. 2. The Employer agrees to obtain the employee's response about whether he or she will contest the tentative nonconfirmation as soon as possible after the Employer receives the tentative nonconfirmation. Only the employee may determine whether he or she will contest the tentative nonconfirmation. 3. The Employer agrees to refer individuals to DHS only when the employee chooses to contest a tentative nonconfirmation. 4. If the employee contests a tentative nonconfirmation issued by DHS, the Employer will instruct the Page 9 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 149 E-VerifV_ up Company ID Number: 1112081 employee to contact DHS through its toll -free hotline (as found on the referral letter) within eight Federal Government work days. 5. If the Employer finds a photo mismatch, the Employer must provide the photo mismatch tentative nonconfirmation notice and follow the instructions outlined in paragraph 1 of this section for tentative nonconfirmations, generally. 6. The Employer agrees that if an employee contests a tentative nonconfirmation based upon a photo mismatch, the Employer will send a copy of the employee's Form 1-551, Form 1-766, U.S. Passport, or passport card to DHS for review by: a. Scanning and uploading the document, or b. Sending a photocopy of the document by express mail (furnished and paid for by the employer). 7. The Employer understands that if it cannot determine whether there is a photo match/mismatch, the Employer must forward the employee's documentation to DHS as described in the preceding paragraph. The Employer agrees to resolve the case as specified by the DHS representative who will determine the photo match or mismatch. 8. DHS will electronically transmit the result of the referral to the Employer within 10 Federal Government work days of the referral unless it determines that more than 10 days is necessary. 9. While waiting for case results, the Employer agrees to check the E-Verify system regularly for case updates. ARTICLE IV SERVICE PROVISIONS A. NO SERVICE FEES 1. SSA and DHS will not charge the Employer for verification services performed under this MOU. The Employer is responsible for providing equipment needed to make inquiries. To access E-Verify, an Employer will need a personal computer with Internet access. ARTICLE V MODIFICATION AND TERMINATION A. MODIFICATION 1. This MOU is effective upon the signature of all parties and shall continue in effect for as long as the SSA and DHS operates the E-Verify program unless modified in writing by the mutual consent of all parties. 2. Any and all E-Verify system enhancements by DHS or SSA, including but not limited to E-Verify checking against additional data sources and instituting new verification policies or procedures, will be covered under this MOU and will not cause the need for a supplemental MOU that outlines these changes. Page 10 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 150 ' i�llill Company ID Number: 1112081 B. TERMINATION 1. The Employer may terminate this MOU and its participation in E-Verify at any time upon 30 days prior written notice to the other parties. 2. Notwithstanding Article V, part A of this MOU, DHS may terminate this MOU, and thereby the Employer's participation in E-Verify, with or without notice at any time if deemed necessary because of the requirements of law or policy, or upon a determination by SSA or DHS that there has been a breach of system integrity or security by the Employer, or a failure on the part of the Employer to comply with established E-Verify procedures and/or legal requirements. The Employer understands that if it is a Federal contractor, termination of this MOU by any party for any reason may negatively affect the performance of its contractual responsibilities. Similarly, the Employer understands that if it is in a state where E-Verify is mandatory, termination of this by any party MOU may negatively affect the Employer's business. 3. An Employer that is a Federal contractor may terminate this MOU when the Federal contract that requires its participation in E-Verify is terminated or completed. In such cases, the Federal contractor must provide written notice to DHS. If an Employer that is a Federal contractor fails to provide such notice, then that Employer will remain an E-Verify participant, will remain bound by the terms of this MOU that apply to non -Federal contractor participants, and will be required to use the E-Verify procedures to verify the employment eligibility of all newly hired employees. 4. The Employer agrees that E-Verify is not liable for any losses, financial or otherwise, if the Employer is terminated from E-Verify. ARTICLE VI PARTIES A. Some or all SSA and DHS responsibilities under this MOU may be performed by contractor(s), and SSA and DHS may adjust verification responsibilities between each other as necessary. By separate agreement with DHS, SSA has agreed to perform its responsibilities as described in this MOU. B. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the United States, its agencies, officers, or employees, or against the Employer, its agents, officers, or employees. C. The Employer may not assign, directly or indirectly, whether by operation of law, change of control or merger, all or any part of its rights or obligations under this MOU without the prior written consent of DHS, which consent shall not be unreasonably withheld or delayed. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations herein is void. D. Each party shall be solely responsible for defending any claim or action against it arising out of or related to E-Verify or this MOU, whether civil or criminal, and for any liability wherefrom, including (but not limited to) any dispute between the Employer and any other person or entity regarding the applicability of Section 403(d) of IIRIRA to any action taken or allegedly taken by the Employer. E. The Employer understands that its participation in E-Verify is not confidential information and may be disclosed as authorized or required by law and DHS or SSA policy, including but not limited to, Page 11 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 151 y Company ID Number: 1112081 Congressional oversight, E-Verify publicity and media inquiries, determinations of compliance with Federal contractual requirements, and responses to inquiries under the Freedom of Information Act (FOIA). F. The individuals whose signatures appear below represent that they are authorized to enter into this MOU on behalf of the Employer and DHS respectively. The Employer understands that any inaccurate statement, representation, data or other information provided to DHS may subject the Employer, its subcontractors, its employees, or its representatives to: (1) prosecution for false statements pursuant to 18 U.S.C. 1001 and/or; (2) immediate termination of its MOU and/or; (3) possible debarment or suspension. G. The foregoing constitutes the full agreement on this subject between DHS and the Employer. To be accepted as an E-Verify participant, you should only sign the Employer's Section of the signature page. If you have any questions, contact E-Verify at 1-888-464-4218. Page 12 of 17 E-Verify MOU for Employers ( Revision Date 06/01/13 152 E -Ve rim fy........ * lili!!1 Company ID Number: 1112081 Approved by: Employer Russell A and Lucinda A Pfeiffer -Hoyt Name (Please Type or Print) Title Russell Pfeiffer -Hoyt Signature Date Electronically Signed 07/20/2016 Department of Homeland Security — Verification Division Name (Please Type or Print) Title USCIS Verification Division Signature Date Electronically Signed 07/20/2016 Page 13 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 153 Company ID Number: 1112081 Information Required for the E-Verify Program Information relating to your Company: Company Name Russell A and Lucinda A Pfeiffer -Hoyt Company Facility Address 6190 Saxon Rd. Acme, WA 98220 Company Alternate Address County or Parish WHATCOM Employer Identification Number 911213877 North American Industry Classification Systems Code 237 Parent Company Number of Employees 1 to 4 Number of Sites Verified for 1 Page 14 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 154 Company ID Number: 1112081 Are you verifying for more than 1 site? If yes, please provide the number of sites verified for in each State: WASHINGTON 1 site(s) Page 15 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 155 Company ID Number: 1112081 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name Russell A Pfeiffer -Hoyt Phone Number (360) 595 - 2512 Fax Number Email Address saxoncreek@msn.com Page 16 of 17 E-Verify MOU for Employers I Revision Date 06/01/13 156 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Retainage Investment Option CONTRACTOR 1 02% PROJECT NAME / � � � �� IL,1 �' PROJECT NUMBER A DATE J':Z/6'/ Pursuant to RCW 60.28.011, as amended, you may choose how your retainage under this contract will be held and invested. Please complete and sign this form indicating your preference. If you fail to do so, theCOUNTYwill hold your retainage as described in "Current Expense", Option 1 below: ' 1. Current Expense: The COUNTY will retain the money in its Current Expense Fund Account until thirty days following final acceptance of the improvement or work as completed. You will not receive interest earned on this money. _ 2. Interest Bearing Account: The COUNTY will deposit retainage in an interest bearing account in a bank, mutual savings bank, or savings and loan association, not subject to withdrawal until after the final acceptance of the improvement or work as completed, or until agreed to by both parties. Interest on the account will be paid to you. _ 3. Escrow/Investments: The COUNTY will place the retainage checks in escrow with a bank or trust company until thirty days following the final acceptance of the improvement or work as completed. When the moneys reserved are to be placed in escrow, the COUNTY will issue a check representing the sum of the moneys reserved payable to the bank or trust company and you jointly. This check will be converted into bonds and securities chosen by you and approved by the COUNTY, and these bonds and securities chosen by you will be held in escrow. Interest on these bonds and securities will be paid to you as interest accrues. Bid #16-43 Page 32 157 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Escrow No. Agency: Whatcom County Escrow AGREEMENT To: Project: The undersigned, hereinafter referred to as the CONTRACTOR, has directed Whatcom County hereinafter referred to as the Agency, to deliver to you its warrants or checks which shall be payable to you and the CONTRACTOR jointly. Such warrants or checks are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. The Agency shall deliver to you from time to time, checks or warrants payable jointly to you and the CONTRACTOR. You are hereby authorized by the CONTRACTOR to endorse in the CONTRACTOR's name any such check or warrant so that you may receive the proceeds thereof and invest the same. The power of endorsement hereby granted to you by the CONTRACTOR shall be deemed a power coupled with an interest and shall be irrevocable during the term, of this escrow. Although you may be a payee named in such warrants or checks as shall be delivered to you, your duties and responsibilities with respects to the same shall be only those duties and responsibilities which a depository bank would have, pursuant to Article 4 of the Uniform Commercial Code of the State of Washington for an item deposited with it for collection as of the date such check or warrant shall be delivered to you. The proceeds from collections shall be used by you to purchase, as directed by the CONTRACTOR, bonds or other securities chosen by the CONTRACTOR and approved by you, and the Agency. For the purpose of each such purchase, you may follow the last written direction received by you from the CONTRACTOR, provided such direction otherwise conforms with the restrictions on investments recited herein. Attached is a list of such bonds or other securities approved by the Agency. No further approval is necessary if any securities, except stocks, may be selected by the CONTRACTOR, subject to express written approval of you and the Agency. Purchase of such bonds or other securities shall be in the form that shall allow you alone to reconvert such bonds or other securities into money if you are required to do so by the Agency as provided in paragraph 4 of this Escrow AGREEMENT. The investments selected by the CONTRACTOR, approved by the Agency and purchased by you must mature on or prior to the date set for the completion of the contract, including extensions thereof or thirty days following the final acceptance of said improvement or work. 2. When and as interest on the securities held by you pursuant to this AGREEMENT accrues and is paid, you shall collect such interest and forward it to the CONTRACTOR at its address designated below unless with your written consent you are otherwise directed in writing by the CONTRACTOR. 3. You are not authorized to deliver to the CONTRACTOR all or any part of the securities held by you pursuant to this AGREEMENT (or any monies derived from the sale of such securities, or the negotiation of the Agency's warrants or checks except in accordance with written instructions form the Agency. The Agency shall inform you and keep you informed in writing of the name of the person or person with authority to give you such written instructions. Compliance with such instructions shall relieve you of any further liability related thereto. The estimated completion date on the contract underlying this Escrow AGREEMENT is . Upon request by you, the Agency shall advise you in writing of any changes in the estimated completion date. If the estimated completion date is changed, you are authorized to reinvest the monies held hereunder in accordance with the new estimated completion date. Bid #16-43 Page 33 158 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Escrow AGREEMENT (Continued) 4. In the event the Agency orders you to do so in writing, and not withstanding any other provisions of this AGREEMENT, you shall, within thirty-five (35) days of receipt of such order, reconvert into money the securities held by you pursuant to this AGREEMENT and return such money, together with any other monies including accrued interest on such securities held by you hereunder, to the Agency. 5. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any property placed with you pursuant to this AGREEMENT until and unless the Agency directs the release to the CONTRACTOR of the securities and monies held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees and any unanticipated amounts which might be owing as provided for herein. In the event that you are made a party to any litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any services not provided for in these instructions, or that there is any assignment of the interests of this escrow of any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 6. Should you at anytime and for any reason desire to be relieved of your obligations as escrow holder hereunder, you shall give written notice to the Agency and CONTRACTOR. The Agency and CONTRACTOR shall, within 20 days of the receipt of such notice, jointly appoint a successor escrow holder and instruct you to deliver all securities and funds held hereunder to said successor. If you are notified of the appointment of the successor escrow holder within 20 days, you may return the subject matter hereof to the Agency and upon so doing, it absolves you form all further charges and obligations in connection with this escrow. 7. This AGREEMENT shall not be binding until executed by the CONTRACTOR and the Agency and accepted by you. 8. This instrument contains the entire AGREEMENT between you, the CONTRACTOR and the Agency with respect to this escrow and you are not a party to nor bound by any instrument or AGREEMENT other than this; you shall not be required to take notice of any default or any other matter, nor be bound by nor require to give notice or demand, nor required to take any action whatever except as herein expressly provided; you shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. 9. The foregoing provisions shall be binding upon the assigns, successors, personal representatives and heirs to the parties hereto. Bid #16-43 Page 34 159 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Escrow AGREEMENT (Continued) The undersigned have read and hereby approve the instructions as given above governing the administration of this escrow and do hereby execute this AGREEMENT the day of 20 CONTRACTOR ,Director Signature & Title Address The above escrow instructions received and accepted this Bank or Trust Company By Bid #16-43 Page 35 Whatcom County Agency Signature & Title day of , 20 160 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair List of Type of Bonds or Securities That are Approved by Agency 1. Bills, certificates, notes or bonds of the United States 2. Other obligations of the United States or its agencies. 3. Any Corporation wholly -owned by the government of the United States. 4. Indebtedness of the Federal National Mortgage Association. 5. Time deposits in Commercial Banks, Mutual Savings Banks or Savings and Loan Associations. The investments selected must mature on or prior to the date set for completion of the contract, including extensions thereof. Bid #16-43 Page 36 161 Whatcom County Bid #16-XX Nesset Farm Building Stabilization and Repair EXHIBIT'A' ' SCOPE OF WORK The Nesset Farm Building Stabilization and Repair project is part of an historic restoration at the Nesset Farm. The designated repairs and replacement roof s shall incorporate appropriate materials, finishes and details in order to maintain the historic integrity of homestead and farm complex. The intent of the description and specifications is to include all information necessary for the proper execution and completion of the work; however, any item or detail not specifically mentioned in the specifications or shown on the drawings, but which is necessary to produce the intended results shall be included bid. Nesset House & Out Building This project consists of roofing and flashing replacement, restoration of the foundation, floor beams, porch floors, installation of a wall corner connection and crawl space excavation all in accordance with the Construction Drawings. The CONTRACTOR shall supply all materials and labor necessary to complete the work required for the Nesset House and Out Building repairs. Nesset House Foundation floor beam, porch floors, wall corner and crawl space excavation: See Exhibit `D"Construction Drawings" Nesset House Roof Replacement Requirements: The CONTRACTOR shall provide all labor and materials to complete the Nesset House roof replacement. Cedar shakes shall be: Certi-Split°, Tapersplit premium grade, medium 24" shakes, 10" exposure to weather. All flashing and new ridge flashing materials shall be hot dipped galvanized. CONTRACTOR shall remove and dispose of all roofing material, and inspect roof decking. CONTRACTOR shall remove and replace any sheathing members that are not structurally sound and in good repair. CONTRACTOR shall install all shakes, underlayment, flashing, fasteners and all other roofing materials according to the Cedar Shake and Shingle Bureau (CSSB), manufacturer specifications and industry standards. Shakes shall be secured with two (2) 4d (minimum) Type 304 stainless steel nails 1-1/2" above the exposure line. Fasteners shall be long enough to penetrate sheathing at least 3/4" or all the way through, and be driven flush with the shake surface. Shakes over eaves shall be at least doubled, and the butt ends shall extend 1-1/2" beyond of the roof eaves and approximately 1" at the gable ends. Machine Shed This project consists of replacement of the foundation and one floor beam, partial replacement of wall framing and replacement of roof framing, sheathing and shakes, all in accordance with the Construction Drawings. The CONTRACTOR shall supply all labor and materials necessary to complete the work, except that the Owner will supply cedar shakes for the machine shed roof. An on -site pole for the machine shed Bid 13-28 Page 37 162 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair floor beam, designated by the COUNTY, is available, with the CONTRACTOR responsible to cut and transport. Machine Shed Foundation, floor beam and wall framing repair: See Exhibit `D' "Construction Drawings" Machine Shed Roof Replacement Requirements: The proposed replacement roof is sometimes referred to as "BARN- STYLE" and utilizes a double layer of 24" straight split cedar shakes with a 20" exposure to weather. CONTRACTOR shall remove existing metal roofing; skip sheathing, any remaining shakes and install new 1"x6" rough sawn skip sheathing spaced 20" on center. Owner will provide Certi-Split®, 24" Straight -split premium grade shakes to the CONTRACTOR for the Machine Shed Roof Replacement project. The CONTRACTOR shall provide all other labor and materials (fasters, flashing, etc.) to complete the roof replacement project. All materials shall be installed according to the Cedar Shake and Shingle Bureau (CSSB) standards, manufacturer specifications and industry standards except as modified to maintain the historic integrity of the structure. Shakes shall be secured with four (4) 4d (minimum) Type 304 stainless steel nails, two (2) 1-1/2" above the exposure line and two (2) at the butt end of the shake centered in the 1"x6" skip sheathing deck member. Fasteners shall be long enough to penetrate sheathing at least 3/4" or all the way through, and be driven flush with the shake surface. Butt ends of the shakes in the first course shall extend 1-1/2" beyond of the roof eaves and approximately 1" at the gable ends. CONTRACTOR shall install a new galvanized ridge flashing. Site Protection The CONTRACTOR is responsible for protection of the buildings, landscaping, and historic items from damage. The CONTRACTOR shall also protect from damage an existing wooden box culver that runs under the driveway at Nesset Creek with a steel plate or other approved means to support vehicular loading. Prior to work, the CONTRACTOR shall submit for approval a plan for protection of the historic items during construction. Project Location Parcel #370521494353 located at 6176 Saxon Road, Acme, WA. Schedule The project is to be substantially completed by October 31st, 2016. This completion date is subject to extension by mutual agreement between the CONTRACTOR and COUNTY, for reasons related to material availability and/or weather delays. All paperwork requested from the Notice to Proceed must be submitted to the Parks & Recreation Department prior to the start of work. This includes insurance, intent to pay prevailing wage, and any other required documents. Permits Bid #16-43 Page 38 163 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair COUNTY has acquired a building permit from Whatcom County Planning & Development Services. All other permits (if any) required to complete the proposed project will be the responsibility of the CONTRACTOR. Hours of Work Hours of work shall be coordinated with the Contract Administrator. Special Conditions The CONTRACTOR will follow all O.S.H.A. and W.S.H.A. Regulations for the safety of employees and County staff. General Requirements The CONTRACTOR will provide all labor and materials needed to complete this project and be entirely familiar with the relevant plans and specifications. • The CONTRACTOR will work closely and collaboratively with COUNTY as directed in the pre - construction meeting. • The CONTRACTOR is responsible for the following: o Coordinate electrical inspections if required by Puget Sound Energy. o Coordinate Whatcom County Building Services inspections. • Access to the construction site is by way of a private road. 24 hour advanced notification is required prior to utilizing the road to access the site. Additionally, vehicles that are in excess of 26,000 GVW must receive written approval from the property owner prior to utilizing the road to access the site. • Lead Disclosure: On April 9, 2015, Whatcom County Parks & Recreation engaged Avocet Environmental Testing to test for lead levels at Nesset House & Out Building that is subject to this bid. Testing for lead paint was completed and reported on April 21, 2015. The lead test results area as follows: Sample Log Test Method Sample Units PQL Analyst ID Number Performed Result Nesset 05749784 Lead Sm3111B 300,000 mg/kg 16,000 MIL Farm Lead levels for the Nesset House & Out Building exceed state and federal thresholds. The CONTRACTOR shall take all necessary precautions to safeguard workers and the public from lead exposure during contracted work, and to prevent introduction of lead into ground adjacent to the structure. Notice is given of the following Washington state regulations regarding lead protection: WAC 296-62-07521 Lead Inspection and Compliance Procedures (L&I) WAC 296-155 Safety Standards for Construction Work WAC 365-230 Accreditation of lead -based training programs (Commerce) Bid #16-43 Page 39 164 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair It is a requirement of this bid that, prior to commencing work, CONTRACTOR shall have obtained training for staff as set forth in WAC 365-230 and that CONTRACTOR be listed on Washington L&I certified CONTRACTOR list. • The CONTRACTOR shall provide an approved jobsite portable toilet unit. Said unit shall be maintained and serviced throughout the duration of the project. • Order, receive, store, and deliver to job site all goods needed for the project. If needed, coordinate placement of a job storage container with the Contract Administrator. • All work must meet all applicable codes. Report any or all violations or potential violation of applicable codes to the Contract Administrator to determine proper corrective measures. • The work area must be cordoned and a clean jobsite must be maintained at all times. • All construction debris and waste material becomes property of the CONTRACTOR and shall be removed from the job site. CONTRACTOR shall provide documentation as to the final destination and paperwork must be provided to the Contract Administrator to verify legal disposition of waste materials. • The CONTRACTOR must protect all property, buildings & grounds, work, stored materials, and construction equipment in their care from damage, vandalism and theft. • Upon completion of the project and prior to final payment, the CONTRACTOR must provide "as built" drawings to the Contract Administrator. • All warranty information, technical manuals, signed off permits, and related materials must be submitted to the Contract Administrator before a final payment request can be processed. • No work relating to change orders can be done without prior written consent of the COUNTY. Quality Assurance • CONTRACTOR and CONTRACTOR's personnel shall be experienced, thoroughly trained and completely familiar with the systems, equipment, devices, fixtures, materials, etc. and the required methods of installation. • CONTRACTOR must provide proof, upon request, that all personnel are licensed according to Washington State RCW. All materials, equipment and workmanship shall be properly inspected by the CONTRACTOR and at all times be subject to inspection by the COUNTY. The CONTRACTOR must provide all samples, data and documents necessary for such inspection. The COUNTY will be afforded full and free access at the jobsite and the shops and places of business of the CONTRACTOR for such inspection and to determine the status of the work. If CONTRACTOR covers all or any part of the work prior to any inspection or test specifically requested by COUNTY, the cost of any necessary uncovering and replacing shall be borne by the CONTRACTOR. • Neither the failure to make inspections or tests, nor to discover defective workmanship, materials or equipment, shall prejudice the rights of the COUNTY thereafter to reject the work and or require its correction. Bid #16-43 Page 40 165 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair The CONTRACTOR shall furnish the COUNTY any guarantee or warranty furnished as a customary trade practice in connection with the purchase of any equipment, materials or items incorporated into the project. Final acceptance shall not constitute acceptance of any unauthorized or defective work or material. The COUNTY shall not be barred from requiring the CONTRACTOR to remove, replace, repair, or dispose of any unauthorized or defective work or material, or from recovering damages for any such work or material. Bid #16-43 Page 41 166 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair EXHIBIT'B' COMPENSATION The maximum consideration for the initial term of this AGREEMENT or for any renewal term shall not exceed $169,000.00 not including Washington State Sales Tax. The Contract Number, set forth, shall be included on all invoices or correspondence in connection therewith. Invoices shall include a monthly statement of work performed. This statement must give the actual quantity and cost of the completed work as listed in the awarded contract bid proposal or by executed change order. The CONTRACTOR must submit invoices to the County no later than the 5th day of the month following the month in which the work was completed. The County will process and issue warrants for the completed work by the end of the month in which the statement was submitted. Invoices submitted later than the above date will be paid at the end of the next month or within 60 days. The CONTRACTOR shall send invoices to: Whatcom County Parks & Recreation Attn: Contract Administrator 3373 Mt. Baker Hwy Bellingham, WA 98226 CONTRACTOR may invoice the COUNTY progressively not more than once per month. Progressive billings will be for the amount of work completed. CONTRACTOR must submit to the Contract Administrator a completed Retainage Option Investment Form prior to submitting first invoice for payment. CONTRACTOR may invoice the COUNTY upon completion of the project in its entirety for the full contract amount upon acceptance of the project by the Project Engineer and Contract Administrator. Retainage will be administered in accordance with RCW 60.28.011, as amended, and in accordance with the "Retainage Option Investment Option" form. The amount billed must reflect 5%% withholding for Retainage. Bid #16-43 Page 42 167 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Whatcorn County Prevailing Wage Rates Bid #16-43 Nesset Farm Building Stabilization and ' -. �, • . r. „ • i.^. This is a partial list of Prevailing Wage Rates. If the proper category is not listed, please refer to the website. Bid #16-43 Page 43 ie (O N O N a) LA o 01 C O o Z 3 u I N -0 u E -Ti i 'IT illl �I I MI �I Mi Mi "Ti� d-1 vi �I vl vUUUl .-I .-I of 0 a-J L C.0Qj �+ N n O d') = C OD.!R 4-J T- N O N O N O to �- N N O N O N O Ln o, N d' M M N O, I, 01 �D O �- Ln O, N M _C L.. 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YVLO Y(VL�O YV3O.., Y[VO O V r0 a O V rtf O V ro O V rts O V rt5 O V cc O V t0 O V t6 O V rtS O V t6 O V t6 O V t0 O V rtf O V rt3 O V rC O V t0 O V c0 O V ra O V cc1 O V rt5 O V rtf O V r6 O V Y � m N � m 173 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Exhibit C Insurance Bid #16-43 174 Page 44 SOUTH-3 OP ID: SG �---•''� CERTIFICATE OF LIABILITY INSURANCE D07/26ATE /2016 07/26/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Kelley Insurance Agency, Inc. 103 West Main St., Suite 2A P. O. Box 367 Everson, WA 98247 CONTACT NAME: Anthony H. Kelley P 1CC No Ext . 360-966-3732 (A/CC, No): 360-966-2819 _ l info@kelleyinsure.com -ADDRESS: Anthony H. Kelley INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Ohio Casualty Company 24074 INSURED South Fork Construction Co Russell&Lucinda Pfeiffer -Hoyt 6190 Saxon Rd INSURER B : INSURER C Acme, WA 98220 INSURER D : INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUB WVD POLICY NUMBER POLICY EFF MMIDD/YYYY POLICY EXP MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS-MADE Al OCCUR BL056791065 11/13/2015 11/13/2016 EACH OCCURRENCE $ 1,000,00 DAMAGE TOR SNTED PREMISES (Ea occurrence r $ 1 000,00 MED EXP (Any one person) $ 15,00 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑PRO JECT ❑ LOC OTHER: GENERAL AGGREGATE $ 1,000,00 PRODUCTS - COMP/OP AGG $ 1,000,00 r $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINEDaccident SINGLE LIMIT Ea $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accident $ A X UMBRELLA LIAB EXCESS LIAB OCCUR US066791065 07/22/2016 07/22/2017 EACH OCCURRENCE $ 1,000,00 HCLAIMS-MADE AGGREGATE $ 1,000,00 DED I X I RETENTION $ 10000 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N ! A I OTH- STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) WHATC-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Whatcom County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ty ACCORDANCE WITH THE POLICY PROVISIONS. 311 Grand Avenue Bellingham, WA 98225 AUTHORIZED REPRESENTATIVE AYOUt lr,,y N ke", ACORD 25 (2014/01) ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 175 Whatcom County Bid #16-43 Nesset Farm Building Stabilization and Repair Exhibit D Construction Drawings Bid #16-43 Page 45 176 fim-wo &796 too ONI M833NION3 S2J3933Z h 1 1 jig Its out m u0joulqsem'awayi I 'P�J UOXeS 9L49 ! —.10mm amppsy 1 pulp 14hy I c '2: -C cw —0 00 by C" V It i4m- ca E� Jon, , < 4-zl Ov 11 ElIlij l i qw; ra UZI LILL =0 all. A H11, z.all pf Io- ' ., . 44lit I I J at 2 , I I i11 I 111 H1 Hill al Ilse, a ail pie all . !'A I , I Q213 oil H 21 il "I IN 11 j i 1, H 'It 177 ssnz"ntnlo9ct !V ` NiL9n VM 'WVkn M96 V 7Itl1�3l3 HLL; ,y � 'j T ONI ONI833NION3 S83033Z �- N AC r: $ 9 I i uol6ulyseM 'away _gg � S`i—"' pyuowsZ'9 i 4 a u i- d z � "M MHON1113 3AV') ONI ONRI99NION9 SMRMJ3Z gs Gi am c1t :3 01 1y" 5i- 19H 1!2 '4x 01 IN -0. I ai 31 4 s SH gay gal E s2s 12 eq a Yt Eli I a UOIBU14sem 'OMV -pa UGX8S Wt9 oi 7c AS In LU W4 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-250 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: D inator: SW 07/28/16 I`----� 08/09/16 Finance Division Head: 8/9/16 Council Dept. Head., Prosecutor: WHATCOM COUNTY 07/28/16 COUNCIL Purchasing/Budget: Executive: l Q l TITLE OF DOCUM :Approval to Purchase Fleet Vehicle Parts ATTACHMENTS: Memos from Finance and Public Works SEPA review required ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Public Works is requesting approval to purchase fleet vehicle parts using the Washington State Contract #01809 (expires 08/09/2018). The vendors are Advance Stores Company, AutoZone Stores, Inc., Genuine Auto Parts (dba NAPA), Parts Wholesalers, Inc., and Seattle Automotive Distributing. Fleet vehicle parts are purchased on an as needed basis and the total expenditure for fleet vehicle parts will not exceed $180,000.00. This is a regularly budgeted expenditure. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: .co.whatcom.wa.us/council. WHATCOM COUNTY s� & ADMINISTRATIVE SERVICES �ZZ��Fp IN DATE: July 28, 2016 TO: Jack Louws, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Approval to Purchase Fleet Vehicle Parts Background & Purpose FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 Brad Bennett, Finance Manager Public Works is requesting approval to use the Washington State Contract #01809 (expires 08/09/2018) to purchase miscellaneous auto and truck parts. These items are used for the maintenance and repair of county vehicles and equipment. The State Contract has been awarded to Advance Stores Company, Auto Zone Stores, Inc., Genuine Parts Company (dba NAPA), Parts Wholesalers, Inc., and Seattle Automotive Distributing. The local vendors are: • Advance Stores Company— CarQuest/S&H Auto Parts (Lynden) • Genuine Parts Company— NAPA Auto Parts (Lynden), Bridgeview Auto Parts (Ferndale) • Seattle Automotive Distributing (Bellingham) Consideration will be given as to the availability, total cost, and performance of the parts. Parts are purchased on an as needed basis and expenditures will not exceed $180,000.00. Funding This is a regularly budgeted item and funds exist in the current budget. I concur with this recommendation. AS Finance Manager Approved as recommended: County Executive Date of Council Action 181 WHATCOM COUNTY Jon Hutchings Director M C'® r � 901 W. Smith Road Bellingham, WA 98226-9610 Phone (360) 778-6400 Fax (360) 778-6401 Eric L. Schlehuber, Division Manager To: Brad Bennett, AS Finance Manager Through: Jon Hutchings, Public Works Director From: Eric L. Schlehuber, PW Equipment Services Manager Gate, July 27, 2016 Re: Washington State Bid Contract 01809 (Fleet Vehicle Parts, Just -In -Time) a Requested Action I am requesting Executive and Council approval to purchase the following material as needed from the Washington State Bid Procurement List during the period of 2016 through August 9, 2018 (the current state contract term is for the period of 08/10/2009 through 08/09/2018): MATFRiAL STATE CONTRACT NO. EXPIRATION DATE NOT 10 EXCEED Fleet Vehicle Parts, Just -In -Time 01809 August 9, 2018 $180,000 This state contract has been awarded to multiple vendors: Advance Stores Company, AutoZone Stores, Inc, Genuine Parts Co. (dba NAPA), Parts Wholesalers, Inc., and Seattle Automotive Distributing. Historically we have used the following local vendors for: 1) CarQuest Auto Parts (S&H Auto Parts in Lynden); 2) Genuine Auto Parts, dba NAPA (NAPA Auto Parts in Lynden and Bridgeview Auto in Ferndale); and 3) Seattle Automotive Distributing in Bellingham. Consideration will be given as to the availability of parts, total cost of the parts, and performance of the parts. 0 Background and Purpose The Equipment Services Division of the Public Works Department uses these materials regularly for annual maintenance on county vehicles and equipment. This agreement is for the purpose of providing automotive parts throughout the year to be used on county vehicles and equipment as needed. 0 Funding Amount and Source These are regularly budgeted expenditures for automotive parts, which are used on an annual basis as needed and have been budgeted during the biennial budget process in the Equipment Rental and Revolving Fund. Expenditures for 2013 were $50,730, in 2014 were $51,029 and in 2015 were $74, 542. w Recommended Action Please approve this purchase and forward to the Executive and the Whatcom County Council for approval at the August 9, 2016 Whatcom County Council Meeting. Please contact Eric L. Schlehuber at extension 6405 if you have any questions or concerns. Attachment 182 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 243 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 7/19/2016 8/9/2016 Public Works Corn Division Head: Dept. Head: tt i Prosecutor: Purchasin /Bud et.• Executive: TITLE OF DOCUMENT. Discussion of booking restrictions in the WC Jail ATTACHMENTS: Non SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Councilmembers Brenner and Mann would like to discuss the booking restrictions at the Whatcom County Jail. COMMITTEE ACTION: COUNCIL ACTION.• Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatconz.wa.us/council. WX WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-253 CLEARANCES Initial Date Date Received in Council!?ffice Agenda Date Assigned to: ((C 11 (�; n L ' Health & Safety Originator: JF 7/13/16 l� A SJ 1 M. yvHATGOM COUNTY9127116 COUNCILrin 81"016 Committee Division Head: "3116 Introduction Dept. Head: Public Ilea Prosecutor: RB 6128116 Purchasing/Budget: Executive: TITLE OF DO Repeal WCC Chapter 8. 6 and establish WCC Chapter 24.14. ATTACHMENTS: • Memo to Executive—WCC Chapters 8.06 and 24.14 • Ordinance_ SmokingVapingInPublicPlaces • Exhibit A_County Code 24.14_SmokingVapingInPublicPlaces • Community Feedback on E-Cigarettes & Vaping SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: The purpose of the proposed Ordinance is to repeal WCC Chapter 8.06 and establish WCC Chapter 24.14. COMMITTEE ACTION.• COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at. www.co.whatcom.wa.us/council. Im WHATCOM COUNTY Health Department Leading the community in promoting health and preventing disease. Memorandum TO: Jack Louws, Whatcom County Executive FROM: Regina A. Delahunt, Director DATE: July 20, 2016 Regina A. Delahunt Director Greg Stern, M.D. Health Officer i:13�Tdl�ll�� RE: Ordinance Smoking and Vaping in Public Places and Establishing WCC Chaster 24.14 The attached ordinance to be considered by the Health Board establishes Whatcom County Code Chapter 24.14 as specified in Exhibit A to adopt the Washington State Smoking in Public Places Law, Chapter 70.160 RCW, by reference and to expand the prohibition on smoking to include the use of vapor products in public places and places of employment in Whatcom County. The ordinance also repeals Whatcom County Code Chapter 8.06, incorporating its provisions into the new Chapter 24.14. The ordinance and code will provide a more comprehensive approach to regulating both smoking and vaping in public places. These regulations will positively impact emerging concerns that have been identified in Whatcom County over the past several years, as outlined in the ordinance. In January of 2016, the Public Health Advisory Board recommended County staff develop policy language to regulate vapor product use in Whatcom County. Public feedback, collected through community surveys, public listening sessions and other means, demonstrated support for regulation. These items align with the Washington State Legislature enacted ESSB 6328 in 2016, establishing Chapter 38, Vapor Products in Title 70 RCW, which allows political subdivisions to further regulate the use of vapor products in indoor public places. Please contact Joe Fuller at ext. 6045 or Amy Hockenberry at ext. 6052 if you have any questions. 509 Girard Street 1500 North State Street Bellingham, WA 98225-4005 PUBLIC HEALTH Bellingham, WA 98225-4551 (360) 676-6724 ALWAYS WORFUNG FOR ASAFER AND HEALTHIER WHATCOM COUNTY (360) 676-4593 FAX (360) 676-6771 WWW,Whatcomcounty.us/health FAX (360) 676-6772 185 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Ord inance_SmokingVaping InPublicPlaces PROPOSED BY: Health INTRODUCTION DATE: ORDINANCE NO. AN ORDINANCE ADOPTING A SMOKING AND VAPING IN PUBLIC PLACES LAW WHEREAS, extensive medical and scientific research confirms that secondhand smoke is harmful to individuals who smoke and to non-smoking adults and children causing eye, nose and throat irritation, aggravating lung and heart diseases including emphysema, and is linked to various kinds of cancers; and WHEREAS, the Washington State Legislature has recognized the public health impact of secondhand smoke and enacted Chapter 70.160 RCW, the Washington Clean Indoor Air Act, and the People of the Washington State have revised Chapter 70.160 RCW through Initiative 901 to further protect the public from hazardous environmental smoke, which passed by voter approval and became effective in December 2005 as the Smoking in Public Places law; and WHEREAS, Chapter 70.160 RCW empowers local health departments to enforce the duties of owners or persons in control of public places and places of employment to ensure establishments are in compliance with the Smoking in Public Places law; and WHEREAS, Chapter 70.160 RCW authorized local health departments to adopt regulations as required to implement the chapter; and WHEREAS, vapor products including electronic cigarettes (e-cigarettes) commonly contain nicotine, a highly addictive drug that negatively impacts the developing brain and present a substantial risk of nicotine or other substance addiction; and WHEREAS, Whatcom County has experienced a significant increase in youth usage of e- cigarettes and other vapor products; and WHEREAS, local data shows that 26% of,Whatcom County twelfth grade students reported past month e-cigarette use in 2014, a nine -fold increase from 5% in 2012; and WHEREAS, Whatcom County youth report nearly twice as much e-cigarette use than combustible tobacco cigarette use; and WHEREAS, e-liquids consumed in vapor products can contain marijuana or THC concentrates and may also be used for the purpose of illegal drug use; and WHEREAS, the use of vapor products in public places and places of employment complicates enforcement of laws prohibiting smoking and use of marijuana in public places and places of employment; and WHEREAS, the use of vapor products has not been proven safe and vapor products have not been approved for use as smoking cessation aids by the United States Food and Drug Administration; and WHEREAS, scientific analysis, including by the United State Food and Drug Administration, shows the vapor or aerosol emitted by the use of vapor products contains particles of solvents, flavorings, and chemical byproducts produced in the heating process that may result in adverse health consequences from direct or passive exposure, especially 186 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Ord inance_SmokingVapingInPublicPlaces in vulnerable populations such as children, pregnant women, and individuals with compromised lung function or cardiovascular conditions; and WHEREAS, the lack of regulations prohibiting vaping in public places sends a mixed message to youth, may renormalize the use of nicotine, and may adversely impact the health of both vapor product users and non -users; and WHEREAS, the Washington State Legislature enacted ESSB 6328 in 2016, establishing Chapter 38, Vapor Products in Title 70 RCW, which regulates the sales and promotion of vapor products, prohibits vaping in certain public places where children congregate, and allows political subdivisions to further regulate the use of vapor products in indoor public places; and WHEREAS, Whatcom County Code Chapter 8.06 Smoking in the Workplace does not address the use of vapor products and does not prohibit smoking in public places as comprehensively as the Washington Smoking in Public Places law 70.160 RCW; and WHEREAS, the majority of public feedback received in Whatcom County supports regulation of e-cigarettes and vaping; and WHEREAS, the quality of individual citizen's health, access to clean air, and benefit to public health and safety are a priority; and WHEREAS, reduced access and exposure to smoking and vaping for children and youth promote a healthier environment. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council, acting as the Whatcom County Health Board, that Whatcom County Code Chapter 8.06 Smoking in the Workplace is repealed; and BE IT FURTHER ORDAINED that Whatcom County Code Chapter 24.14 is established as specified in Exhibit A to adopt the Washington State Smoking in Public Places Law, Chapter 70.160 RCW, by reference and to expand the prohibition on smoking to include the use of vapor products in public places and places of employment in Whatcom County. ADOPTED this day of , 20 WHATCOM COUNTY HEALTH BOARD ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Barry Buchanan, Health Board Chair WHATCOM COUNTY EXECUTIVE APPROVED AS TO FORM: Civil Deputy Prosecutor WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: Whatcom County Smoking and Vaping in Public Places Exhibit A Chapter 24.14 Smoking and Vaping in Public Places Sections 24.14.010 Authority, Applicability, and Intent 24.14.020 Adoption by Reference of Chapter 70.160 RCW 24.14.030 Definitions and Local Supplemental Definitions Relative to Chapter 70.160 RCW 24,14.040 Smoking and Vaping Prohibited in Public Places and Places of Employment 24.14.050 Vaping Prohibited Within Twenty-five Feet of Public Places or Places of Employment - Application to Modify Presumptively Reasonable Minimum Distance 24.14.060 Required Signage 24.14.070 Tastings 24.14.080 Enforcement Procedures 24.14.090 Severability 24.14.100 References to State Law 24.14.110 Effective Date 24.14.010 Authority, Applicability, and Intent. A. The statutory authority for the adoption of this Chapter is provided in Chapter 70.160 RCW, Smoking in Public Places, the amendments to Title 70 RCW set forth in 2016 Washington Laws, 64th Leg., 1 st Special Session, Chapter 38, Vapor Products, and the authority of Chapter 70.05 RCW to preserve, promote, and improve the public health. B. These regulations apply to the prohibition of smoking and the prohibition of use of vapor products in indoor public places and places of employment. C. These regulations supplement but do not replace the regulations adopted by the United States Food and Drug Administration and the regulations enacted by the state of Washington and enforced by the Liquor and Cannabis Board regarding the licensure and regulation of vapor product promotions and sales at retail. D. This regulation is not intended to restrict vaping in private facilities which are occasionally open to the public, except upon the occasions when a facility is open to the public. E. This regulation does not preclude or prohibit any property owner from implementing "no smoking" Page 1 of 6 im Whatcom County Smoking and Vaping in Public Places and/or "no vaping" policies on, or within, any property or structures under their control. F. Nothing contained in this regulation is intended to be nor shall be construed to create or form the basis for, any liability on the part of the Whatcom County Health Department or its officers, employees or agents, for any injury or damage resulting from the failure of any person subject to these rules and regulations to comply with these rules and regulations, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of these rules and regulations on the part of the Health Department. 24.14.020 Adoption by Reference of Chapter 70.160 RCW. Chapter 70.160 RCW known as Smoking in Public Places is adopted and incorporated in this Chapter by reference. 24.14.030 Definitions and Local Supplemental Definitions Relative to Chapter 70.160 RCW. Pursuant to the authority provided by Chapter 70.160 RCW and for the sake of clarity in the application of Chapter 70.160 RCW, the following local supplemental definitions relative to certain terminology found in Chapter 70.160 RCW are adopted and the following specific definitions shall apply: A. "Chapter" means a chapter in Whatcom County Code. B. "County" means Whatcom County. C. "Employee" means any individual who is employed by an employer in return for the payment of direct or indirect monetary wages, benefit, or profit, any individual who volunteers his or her services to an employer for no monetary compensation or any individual who performs work or renders services, for any period of time, at the explicit or implicit direction of an owner, shareholder, member, lessee or other person in charge of a place that is subject to the provisions of this ordinance. D. "Employer" means any person, sole proprietorship, partnership, corporation, association, nonprofit organization, or other entity of any kind that pays another person direct or indirect monetary wages, profit or provides any other benefit in consideration for such other person's providing services on the premises of the employer. "Employer" shall also mean the owner(s), shareholders or member(s) respectively of a sole proprietorship, corporation or Limited Liability Corporation, association, nonprofit organization, or other business entity. E. "Health Officer" means the Health Officer of Whatcom County, or the Health Officer's designee. F. "Indoor public place" means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or Page 2 of 6 ie Whatcom County Smoking and Vaping in Public Places entities, the state of Washington, or other public entity, and includes a presumptively reasonable minimum distance, as set forth in Section 24.14.050 of this Chapter, of twenty-five (25) feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. Public places include, but are not limited to: Schools, elevators, public conveyances or transportation facilities, taxis, buses, for hire conveyances, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, state legislative chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, clubs, taverns, bowling alleys, skating rinks, casinos, reception areas, and no less than seventy-five (75) percent of the sleeping quarters within a hotel or motel that are rented to guests. "Indoor Public Place" also means any public or private place that is open to the general public regardless of whether dues, cover charges or a fee is charged or there are restrictions such as an age requirement for the privilege of admission, and includes any place used by a membership association or club at which non-member guests are present or permitted. This Chapter is not intended to restrict smoking in private facilities, which are occasionally open to the public except upon the occasions when the facility is open to the public. An indoor public place does not include a private residence unless the private residence is used to provide licensed childcare, foster care, adult care, or other similar social service care on the premises. G. "Place of employment" means any area under the control of a public or private employer which employees are required to pass through during the course of employment, including, but not limited to: Entrances and exits to the places of employment, and including a presumptively reasonable minimum distance, as set forth in Section 24.14.050 of this Chapter, of twenty-five (25) feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; work areas; restrooms; conference and classrooms; break rooms and cafeterias; and other common areas. "Place of employment' also means an outdoor venue or workspace that is adjacent to or enjoined with a business enterprise or work environment where employees are required to pass through during the course of employment; including but not limited to food/drink service areas such as on decks or outdoor areas. A private residence or home -based business, unless used to provide licensed childcare, foster care, adult care, or other similar social service care on the premises, is not a place of employment. H. "Retail outlet' means a place of business in Whatcom County from which vapor products are sold to customers, but does not include any business licensed or endorsed for the sale of recreational or medical marijuana by the state of Washington and/or the Washington State Liquor and Cannabis Board. "Smoke" or "smoking" means the carrying, use or smoking of any kind of lighted, combustible, smoldering, or burning cigarette, pipe, cigar or other lighted smoking equipment including but not limited to tobacco, flavored tobacco products such as shisha, or marijuana. Page 3 of 6 190 Whatcom County Smoking and Vaping in Public Places J. "Tasting" means to try or taste a vapor product in a retail outlet where entry is restricted to persons eighteen years of age or older. K. "Vape" or "Vaping" means the use of a vapor product, or the act of inhaling/exhaling the vapor or aerosol from a vapor product. L. "Vapor product' means any: (a) device that employs a battery or other mechanism to heat a solution or substance to produce a vapor or aerosol intended for inhalation; (b) cartridge or container of a solution or substance intended to be used with or in such a device or to refill such a device; or (c) solution or substance intended for use in such a device, including, but not limited to, concentrated nicotine. "Vapor product' includes any electronic cigarettes, electronic nicotine delivery systems, electronic cigars, electronic cigarillos, electronic pipes, vape pens, steam stones, or similar products or devices, as well as any parts that can be used to build such products or devices. "Vapor product' does not include any drug, device, or combination product that has been approved by the United States Food and Drug Administration for legal sales for use as a smoking cessation product or other medical purposes, and is marketed and sold for such approved purpose. 24.14.040 Smoking and Vaping Prohibited in Public Places and Places of Employment. No person may smoke or use a vapor product in an indoor public place or in any place of employment except for the purpose of tastings within the premises of a vapor product retail outlet pursuant to amendments to Title 70 RCW set forth in 2016 Washington Laws, 64th Leg., 1 st Special Session, Chapter 38, Vapor Products. 24.14.050 Vaping Prohibited Within Twenty-five Feet of Public Places or Places of Employment - Application to Modify Presumptively Reasonable Minimum Distance. Use of vapor products is prohibited within a presumptively reasonable minimum distance of twenty-five (25) feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where use of vapor products is prohibited so as to ensure that vapor does not enter the area through entrances, exits, open windows, or other means. Owners, operators, managers, employers, or other persons who own or control a public place or place of employment may seek to rebut the presumption that twenty-five (25) feet is a reasonable minimum distance by making application to the director of the local health department or district in which the public place or place of employment is located. The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the unique circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, vapor will not infiltrate or reach the entrances, exits, open windows, or ventilation intakes or enter into such public place or place of employment and, therefore, the public health and safety will be adequately protected by a lesser distance. Page 4 of 6 191 Whatcom County Smoking and Vaping in Public Places 24.14.060 Required Signage. In addition to requirements for signs prohibiting smoking as adopted by reference from Chapter 70.160 RCW, owners, or in the case of leased or rented space the lessee or other person in charge, of a place regulated under these regulations shall post signs prohibiting the use of vapor products. Signs shall be posted conspicuously at each building entrance. Signs prohibiting the use of vapor products may be combined with signs prohibiting smoking, such as "No Smoking. No Vaping." or "No Smoking or Vaping Allowed." or "No Smoking or Vaping Allowed within 25 Feet of Doorway or Entrance." 24.14.070 Tastings. No retail outlet may offer a tasting of vapor products unless all of the following conditions are met. A. The retail outlet is licensed by the state of Washington as a vapor product retailer pursuant to amendments to Title 70 RCW set forth in 2016 Washington Laws, 64th Leg., 1 st Special Session, Chapter 38, Vapor Products, or is a vapor product retailer already in existence as of the effective date of this ordinance that has applied to the state for a license within thirty days of the Washington State Liquor and Cannabis Board prescribing the form for an application for a license, is in the process of being so licensed, and whose application has not been denied. B. Pursuant to amendments to Title 70 RCW set forth in 2016 Washington Laws, 64th Leg., 1 st Special Session, Chapter 38, Vapor Products, the retail outlet restricts entry to its premises to persons eighteen years or older, products are tasted only within the retail outlet's premises and are not removed from within the premises by the customer, and a disposable mouthpiece tip or a disposable device is used if the customer is tasting from a vapor device owned and maintained by the retailer. C. Except for the limited and immediate purpose of tasting a vapor product solution or testing a device, the retail outlet does not allow the consumption or use of any vapor products within its premises, including vapor products purchased for personal use from the retail outlet or brought into the retail outlet premises by any person, including employees. 24.14.080 Enforcement Procedures. A. The Health Officer is authorized to enforce the restrictions and requirements of this Chapter, including the imposition of Civil Penalites, in accordance with Chapter 24.07 of the Health Code and the following subsections. B. The Health Officer or his/her duly authorized inspector shall have the authority to seek entry and inspect any building, structure, property, or portion thereof, at reasonable times for the purposes of determining compliance with or enforcing the provisions of this Chapter. The Whatcom County Health Department may work with the Washington State Liquor and Cannabis Board to conduct inspections Page 5 of 6 192 Whatcom County Smoking and Vaping in Public Places to assure compliance. 24.14.090 Severability. Should any section, subsection, paragraph, sentence, clause or phrase of this Chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this regulation. 24.14.100 References to State Law. Any and all reference to state statues are in effect as referenced above or as hereinafter amended by state authority. 24.14.110 Effective Date. This Ordinance shall take effect and be in force thirty (30) days after its passage. Page 6 of 6 193 Community Feedback on E-Cigarettes & Vaping May 10, 2016 Q4GO-- o G� �9SNlN�� r Background: Youth e-cigarette and vaporizer use has risen significantly in Whatcom County over the past few years. The Health Department collected public feedback from Whatcom County residents about potential policy options that could help to protect youth and the larger community. A community survey was disseminated to collect public feedback during the month of April, 2016. A total of 613 responses were collected during that time. A summary of those results is included in this report, including these highlights: • More than 7 in 10 (72%) supported expanding the Smoking in Public Places (SIPP) law to include e-cigarettes and vaping • 91% supported other types of regulation Please identify areas that describe you (check all that apply): Adult (over 28.55% 18, non -parent) '_,;°... College 11 5.55% Student Public 8.81°h Schools (sta... 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Participation also came from local businesses, including 29 retailers, 16 restaurants, 4 vape shops, 3 bars, and 1 marijuana retailer. 194 The Smoking in Public Places (SIPP) law prohibits smoking in all restaurants, bars, and indoor workplaces, among other locations. Local support for expanding SIPP to include vaping and vapor products was gauged in the survey, and found that a majority of community members supported its' inclusion. Support for expanding the Smoking in Public Places (SIPP) law to prohibit vaping? • More than 7 in 10 (72%) support including e-cigarettes an vaping h existing SIPP, with an additional 1 reporting a neutral position Although 18% indicated they were not in favor, some comments from those respondents either reflected inaccurate information "they are just water vapors," or actually cited a positive health benefit for regulations, such as clean air. Although the simple majority of each population was supportive of expanding SIPP to including vaping, strong support was demonstrated by schools representatives (staff), youth, parents of children under 18, and parents of children over 18. Even though college students showed the lowest direct support, the difference fell largely to "not sure," and not as opposed. Respondents per Category* 54 Schools � 2% 13% Youth (under 18) �. 13% 10% 83 r ... p 15% Parent (child <18) 10% 221 Parent (child >18) 18% 10% 170 Adult (non -parent) : 24% 21% 13% 175 College Student 23% 34 . f *respondents could identify more than one category, allowing for some duplication (613 total surveys collected; 737 categories selected for this question) Support for vape free parks quantitatively amounted to less than expansion of SIPP, but it still left roughly 80% of the population as either supportive (65%) or neutral/not sure (15%). 195 0% 10% 20% 30% 40% 50% 60% 10% 80% 90% 100% Yes No Nat Sure Respondents answered the question "How would prohibiting vaping in public places impact you?" 613 total surveys were collected of which 230 individuals provided comments that were categorized below. A small portion of comments addressed more than one topic area (i.e. benefits of clean air as well as reduced exposure to children), in which case their response was counted in more than one topic category. • 88% of the comments were either favorable (73%) or neutral (15%) about including e-cigarettes and vaping into existing S/PP Feedback by Topic Areas Other Non- jnnnrt 5% Restricts 1 5% Neutral 15% Better Community/C Benefit 19% r)thor rnmmont an Air 31% ire to c:niidren 23% 196 Clean Air Exposure to Children Better Community/Other Benefit Neutral Restricting Other Non -Support Topic Areas Ranked (by frequency of comments) 0% 5% 10% 15% 20% 25% 30% 35% While responses were categorized into themes that emerged, examples of feedback received are provided. Comments supporting regulation, and comments not supporting regulation, are both included. In Favor: • "I would love to see this happen as soon as possible and I know that our community would support this. Let's do it!" • "I would be glad to keep it away from my kids" • "It would allow me to use public spaces knowing that the air will be clean and free of harmful chemica►s" • "It would help protect air quality for all public space users" • "Improves the health of the community by limiting exposure to chemicals in second-hand vapor. I think it should be treated just like smoking cigarettes" • "My kids wouldn't need to worry about walking through a smoke cloud" • "The smoke and steam from vaping irritates my throat and lungs. It would make it more comfortable for me to use those spaces. I also understand that second hand vaping is harmful to my health" • "We don't always know what is being vaped" • "It would minimize the risk of my three young children getting exposed to potentially dangerous metals and other hazardous chemicals in the air" • "I think it would help with social norming and setting a positive example for young people, because they would have less exposure to it" • "My son was five when he was diagnosed with cancer. It nearly killed him. He should be allowed to enjoy parks without being affected by second hand smoke" • "As an asthmatic person, I like being able to breathe without any vaping or smoke nearby" Not In Favor: • "As an occasional smoker myself, I would be forced to limit my use in particular places" • "Restricts my rights" • "It would make it harder for me to vape when and where I would like to vape" • "I vape and go a lot of places with my children. I avoid smoking as much as possible and vaping is something I find is safer for my children" • "It would restrict my ability to enjoy public places" • "It would make it so that a lot of places can't be vaped in or around that are specifically there for that purpose" • "There'd be more people smoking and tossing butts" 197 • I would have to reconsider cigarettes at that point. They're more convenient and vaping would be just as restricted so at that point I might as well go back to them" FEEDACK FOR SUPPORTING VAPING REGULATIONS (BY TYPE OF REGULATION) The community survey included a list of potential policy options where respondents could identify their level of support. Following release of the survey, Senate Bill 6328 was passed, which either directly pre- empted local jurisdiction from taking action in these areas, or assigned regulatory authority of these items to a designated state agency. With these items acted upon at the state level, only two options are available for local action, including the expansion of SIPP to include vaping and vapor products, and restricting the use of vapor products at parks. The results of this local feedback, however, have been included below. 6 Would you like to see a local vaping ordinance include any of the following: Prohibit Possession Prohibit vapor - product Require sellers to... Prohibit - sampling of... Prohibk use .tJ9�yjs - of vending... Prohibit the i., 1 use of Coupe 'IB Require ° Require retailers to... Require retailers to... 0% 10% 20% 30°i 40% 50% 60% 70% a0% 90% 100% d. Yea 0, No Not Sure Yes Ho j Not Total Sure Prohibit possession of vapor products (electronic smoking 81.32% 11.71% 6.96 % devices, e-liquids, and other unregulated nicotine delivery products) 47" ::,9 41 _.... by minors Prohibit vapor product sales to minors by requiring photo ID checks 91.00 % 5.43 % 3.57% to verify aye of purchaser _.__ =3:? 21 Require sellers to restrict youth access by placing vapor products 85.37% 8.67 % 5.95% behind counter Prohibit sampling of vaping praducts 63.08 % 23.25 % 13.68 % Prohibit use of vending machines for sales of vapor products unless 86,90 % 850% 4.59 % located in area where minors are Prohibited 01 i Prohibit the use of coupons except when used in person and when 74.02 % 13.50 % 12.48% ID is checked 4z"'� .- 73 Require restrictions that reduce advertising exposure to youth 81.20% 11.97% 6.841A 47f., ... 40 Require retailers to display signs that state sales of vapor products 87.41 % 7.48% 5.10% are pi ohibded to persons under the age of 18 51 d 44 0 Require retailers to display signs aloud the harmful effects a 36.88% 8.50% 5.61% nicotine and to I:eep away from children, at the point -of -sale W!11; PUBLIC LISTENING SESSION RESULTS On May 16, 2016, a Public Listening Session was held to engage the public in discussions around potential policy options with vapor products. Twenty people people attended the event and provided input. Four individuals represented businesses, including three that represented vape shops. The following questions were asked: 1. Do you support expanding the Smoking in Public Places (SIPP) law to prohibit vaping? (The SIPP Law prohibits smoking in all restaurants, bars, and indoor workplaces, etc.). Why or why not? 2. How would prohibiting vaping in public places impact you? 3. The state will be required to regulate advertising for e-cigarettes and vaporizers. What would like them to consider? Common themes followed much of what was collected during the community survey. General themes that demonstrated support included the benefits of clean air, reduced exposure to youth, positive impacts for businesses, protection of employee heath, and a desire for vape use not to become a norm. One attendee mentioned that vape use outside of her business has already negatively impacted her customers and her business. Some transcribed comments in favor of regulation included: • Concerns about access and availability to youth • Concerns as a parent of social norms messages to kids seeing use in public places • Consistency of message/perception (bar/restaurant can give a consistent message without driving patrons elsewhere) • That the device is also used for doing drugs/other substances • It's a justice issue for workers who don't have choice to work around it or not • Concern of children, elderly, low immune system • Comfortable work environment Similarly, themes that demonstrated a lack of support included inconvenience to users of vape products, potential negative impact on businesses, use of vapor products as a cessation tool, and the desire for sampling inside vape shops. Some transcribed comments not in favor of regulation included: • Inconvenient for users • I believe that owners of private businesses should determine the use of vapor products in their establishment • 1 believe that the owners of private businesses to determine the appropriateness of the use of vapor in their private establishment • Consider the economic impact on business • 1 am directly opposed to limiting vaping in bars. All other private institutions (schools, government buildings, etc.) are appropriate locations to limit use • Not supportive of limiting vaping inside vape shops • Impact on vaping as a cessation tool for adults and teens • Harm reduction tool (smoking cessation tool), but not something that should be promoted as something to start • Equity to address other things that impact health of youth (sugary drinks in schools) • Like to vape while recreating in parks • Access in "adult only" spaces 199 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-251 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: PW Committee/ Originator: JPR 7/27/16 81912016 Introduction C U qq i �d COUNCIL Division Head: JPR 7127116 9/13/16 Public Hearing/ Adoption Dept. Head: 7 12 j` t f�i Prosecutor: 0,116`':111. Purchasing/Budget: F,xecutive: �q L) TITLE OF DO U NT. Resolution in t matter of the Whatcom County Six -Year Transportation Improvement Program for the years 2017 through 2022 ATTACHMENTS: 1. Memo to County Executive and Council Attachment "A" — 2017-2022 Capital Project Priority Order and Financial Distribution by Year Attachment "RI-R33, BI-B16, FI-F4, YI-Y8" — Project Summary Sheets Attachment "BI-B3"- Road Fund Balance, Revenue, Expenditure Attachment "C" — Roadway Priority Rating Program Attachment "D" —Bridge Report 2. 2017-2022 Six Year Transportation Improvement Program Resolution Exhibit "A"— 2017-2022 Six -Year Transportation Improvement Program Exhibit "B"- 2017-2030 Fourteen -Year Ferry Capital Program SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? (X ) Yes ( ) NO SEPA review completed? ( ) Yes (X) NO Requested Date: 9113116 SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Each year the County is required to update its Six -Year Transportation Improvement Program (STIP), per RCW 35.77.010 and RCW 36.81.121. The STIP includes the capital elements of the first six years of the Fourteen -Year Ferry Program. The STIP is intended as a planning tool for local, state and federally funded projects and is designed to identify projects for preliminary engineering, right-of-way purchase and/or construction. COMMITTEE ACTION.• COUNCIL ACTION: Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council W11% WHATCOM COUNTY c °M Joseph P. Rutan, P. E. PUBLIC WORKS DEPARTMENT ��; °Gym County Engineer/Assistant Director 3 322 N. Commercial Street, Ste 301 Jon Hutchings 2 Bellingham, WA 98225-4042 Director vSN�NcO Phone: (360) 778-6210 Fax: (360) 778-6211 Memo To: The Honorable Jack Louws, Whatcom County Executive, and RECEIVED Honorable Members of the Whatcom County Council JUL 2 9 MIS Through: Jon Hutchings, Director„ From: Joseph P. Rutan, P.E., County Engineer/Assistant Director^"' COUNTY EXECUTIVE Date: July 27, 2016 Re: Six -Year Transportation Improvement Program, 2017-2022 PW Committee Work Session, Introduction, Public Hearing and Adoption Requested Action: The Department of Public Works requests that a Council Public Works Committee work session be scheduled for August 9th, for discussion of the information attached to this memorandum regarding the 2017-2022 Six - Year Transportation Improvement Program (STIP). If approved by the Committee,we request that the STIP Resolution and its associated exhibits, 2017-2022 Six -Year Transportation Improvement Program and 2017- 2030 Fourteen -Year Ferry Capital Program, be introduced at that evenings County Council meeting. We then request that a public hearing be advertised for and held at the September 13th County Council meeting, with the resolution potentially adopted at said meeting. Background and Purpose: Each year the County is required to update its Six -Year Transportation Improvement Program, per RCW 35.77.010 and RCW 36.81.121. The County is also required to prepare a Fourteen -Year Ferry Capital Program each year per RCW 36.54.015. The STIP includes the capital elements of the first six years of the Fourteen -Year Ferry Capital Program which is Exhibit "B" of the resolution. Information: 1- Memorandum to County Executive and Council Attachment "A" - 2017-2022 Capital Projects Financial Distribution by Year Attachment "111-1133, 61-1316, F1-F4, Y1-Y8" — Project Summary Sheets Attachment "B1"- Road Fund Balance Projections Attachment "B2"- Road Fund Revenue Projections Attachment "B3"- Road Fund Expenditure Projections Attachment "C" - Roadway Priority Rating Program Attachment "D" - Bridge Report Attachment "A" is a simplified form of Exhibit "A" to the STIP. This simplified form shows priority order of proposed projects as well as expenditures by year. This is being provided in order to facilitate the Public Works Committee work session. 2- 2017-2022 Six Year Transportation Improvement Program Resolution Exhibit "A"- 2017-2022 Six -Year Transportation Improvement Program Exhibit "B"- 2017-2030 Fourteen -Year Ferry Capital Program 201 2017-2022 Six Year Transportation Improvement Program (STIP) Project Removals & Additions --Not complete list of all changes -- Projects Removed From Previous STIP: R20 — Marine Drive Bridge Slow Vehicle Warning — Expected 2016 Completion R28 — County Road Safety Program — Expected 2016 Completion R29 —South Pass Road Failure Repair — Expected 2016 Completion R31— Lakeway Crosswalk — Expected 2016 Completion 133 - Hannegan Rd/Nooksack Bridge 252 — Completed B12- Mosquito Lake Rd/N Fork Nooksack River Bridge 332 — Completed B15- S Bay Rd/Fir Creek Bridge #120 — Expected 2016 Completion Projects Added to Previous STIP: R8 - Smith Rd/NW Dr, Intersection Improvements R16- Slater Rd/Haxton Way, Signal Improvements R19- Birch Bay Dr, Jackson Rd to Shintaffer Rd, Pavement Repair R31- Airport Drive Subsurface Repair R32- Ferndale Road/Levee Improvements R33- Abbott Road/Levee Improvements 202 m 0 E 0 tC E a 46 r 0 0 Cc 'or- = = 'D ma � - M =3 = Z 0 CL 0 CU U- m CL x Fn C7 0 CD 0 CD C) Q CD C-) CD 0 (D CD Ci LO 0 (D m Q Q CD LO M (N CD C) C-) CD C) (D C) LO C) CD (Z) CD C) CD C) CD C) I C) I CD CD (Z) CD I CD I LO I 0 CD CD I 0 I 0 I 0 10 LO CD I c) 77 7) (7 7 (7 a 7 77 7 o 77 6 b b (D 77 77 cp LO (D LO o o c) C-D c) n (D CD c) v c) 0 CD ID 1:1 C7 'D -D 0 (D C) C) (D CD CD C) C-) CD LO CD 0 0 CJ CD a a C-) iD CD C-) U-) C) 0 N LO CN 0 o C:) o o C) O U-) o LO 0 LO CD 0 04 0 04 0 (Y) .. 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This is a 1.58 mile separated berm with pathway to encourage pedestrian use along Birch Bay Drive to support safety and to protect the roadway from storm damage. In addition, the project will provide mitigation for both beach erosion and roadway protection. This project is listed #R1 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Phase I of the Feasibility Study was completed in 2006. Phase 2A (Preliminary Construction Cost Estimate) was completed in 2007, and updated in spring of 2013. Preliminary Enginnering began in late 2013, RW acquition began in 2016 and construction is planned for 2017 / 2018 / 2019. Additional funding sources will be pursued as they become available. Total Estimated Project Cost: $11,450,000 Expenditures to Date: $1,850,000 Funding Sources: Federal $3,170,000 (STP and TAP) State $0 Local $8,280,000 Environmental Permitting Whatcom County -Shorelines; WDFW-HPA, Army Corps of Engineers, DOE; Sec 404 Clean Water Act Right -of -Way Acquisition (Estimate) $300,000 County Forces (Estimate) N/A _ e7 . _ . _ Loomis Trz M1 j BIRCH BAY STATE PARK Grandview Rd. Birch Bay Lynden Rd. m 3 N m M1lTS n> Q 1 ' E i C Rd. Rd. a 205 Whatcom County Public Works Project Narrative Birch Bay Drive, Embankment Repair CRP # 914014 Construction Funding Year(s): 2017 Project Narrative: This project is an embankment repair near Lora Lane in Section 30-31 of T40N, R1 E. This project is listed #R2 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Preliminary engineering and permitting completed. Construction scheduled for 2017 pending obtaining final easements. Total Estimated Project Cost: $ 227,500 Expenditures to Date: $7,500 Funding Sources: Federal $0 State $0 Local $227,500 Environmental Permitting HPA, SEPA, County Shorelines, ACOE Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) $200,000 BIRCH BAY STATE PARR C ndvie w Rd. R2 Rd. Rd. Loomis Trz ceID Birch Bay - Lynden Rd. { w 3 C u ,Arnie Rd. Tarte Rd/ sY ar E a) S x Bay Rd. m tJTS Ki a Whatcom County Public Works Project Narrative Lake Whatcom Boulevard, Phase II Water Quality Improvements CRP # 915009 Construction Funding Year(s): 2019 Project Narrative: This project is located approximately 1 mile east of Bellingham, in Sections 35 and 36, T38N, R3E. The work will involve drainage improvements and pedestrian improvements to a 1.3 mile section of Lk Whatcom Blvd between Cable Street and Strawberry Point, addressing stormwater quality issues. This project is listed #R3 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Survey work with associated base map and R/W research began in 2015. Preliminary design will be initiated to evaluate R/W needs, permit requirements and overall project costs. Construction time frame will be contingent on addressing funding needs along with resolution of permitting and R/W issues. Total Estimated Project Cost: $ TBD Expenditures to Date: $ 55,000 Funding Sources: Federal $0 State $0 Local $100,000 (Grant funding will be sought) Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) $10,000 SILVER BEACH AV, Rd. 31 aa7 � M14i e �9 tJ. SUDDEN GALBRAITH MTN VALLEY 43_ a tr Whatcom County Public Works Project Narrative Horton Road Northwest Drive to Aldrich Road CRP # 916002 Construction Funding Year(s): TBD Project Narrative: This new roadway project is located between Northwest Drive and Aldrich Road in Section 2 of T38N, R2E. The work involves a Y2 mile of new roadway alignment, along with all the associated permitting, storm water and RNV issues. This project is listed #R4 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Design, right-of-way, and permitting to begin in 2017 with Surface Transportation Program (STP) Grants. Construction schedule dependent upon funding agreements with City of Bellingham and other sources. Total Estimated Project Cost: TBD Expenditures to Date: $20,000 Funding Sources: Federal $990,000 (STP) State $0 Local $250,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A R l � 1 = 3( a � 1 to r 1 s � . r,..�,. Mine Rd C cz Rd. _ 4 ,gig VW KING M TN y N � t 3ellin har Inn' 4 � `d Airport X i- �. 1 W B'a er iew Rd � E; Bakerview Rd `air ..... b V@ i I � 0 00 Ave r _ �a .: Whatcom County Public Works Project Narrative Slater Road and Northwest Drive CRP # 914001 Construction Funding Year(s): TBD Project Narrative: The intersection of Slater and Northwest Roads is in Section 2 of T38N, R2E. The intersection will be reconstructed to a 4-leg round -a -bout. Fish passage improvements will also be constructed on Bear Creek which passes underneath Slater Road at this location. This project is listed #R5 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: $21,000,000 in state funding available for this project and project #R7, Slater Road, 15 Interchange, in 7/2019. Design and permitting expected to take 3-4 years with construction in 2022 or 2023. Total Estimated Project Cost: $21,000,000* *Includes Project #6 and #7 Expenditures to Date: $0 Funding Sources: Federal $0 State $21,000,000 (7/2019 for Projects #6 and #7) Local $5,000 Environmental Permitting ECS, BA,. SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Slater Rd. Rayhorst �RGI_ e�srs larietta Rev. Lost Lip., Sunset Ave 1 .� a Bellingham C Int'1 Airport EMOM111111 ange it N ragsor Rd. p, `' Ifellogg Rd. W. Bakerview Rd. K 209 Whatcom County Public Works Project Narrative Slater Road 1-5 Interchange CRP # 916003 Construction Funding Year(s): TBD Project Narrative: This project is located north of Bellingham in Section 3, T38N, R2E. This project will improve the interchange/intersection of Interstate 5 and Slater Road. This includes the intersection of Slater Road with Rural Road and Pacific Highway. This project is listed #R6 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: $21,000,000 available for this project and project #R6, Slater and Northwest, in 7/2019. Design and permitting expected to take 3-4 years with construction in 2022 or 2023. Total Estimated Project Cost: $21,000,000* *Includes Project #6 and #7 Expenditures to Date: $ 0 Funding Sources: Federal $0 State $21,000,000 (7/2019 for Projects #6 and #7) Local $50,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Tennanf - �Lk A '° Smith Rdi 70 Ayn - j `�100 Larson Rd. Lars( 40 S ns,etAve. Lange Rda w d �- . 4 ...r,,.Rd. Ra y1ho rst" � iL 70 ZI 01 M o 0 lu�lartetta Av. Lost Lk. ux Skagit ?a 0 � �� � Bellingham Intl��� 0) Arport County Ln rv�e � 'Bakeinr y �ayonD 6 _ . MCI Whatcom County Public Works _Project Narrative Slater Road Northwest Drive to Aldrich CRP # 914012 Construction Funding Year(s): TBD Project Narrative: This new roadway project is located in Sections 1 and 2 of T38N, R2E. The work involves the construction of a new roadway between Northwest Drive and Aldrich Drive as well as construction of a round -a -bout at the new intersection of Northwest Drive and Aldrich Road. This project is listed #R7 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Design, permitting, right-of-way and construction dependent upon funding agreements with the City of Bellingham and other sources. Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Tenaant ILk. S`rrrith Rdi _ E_ Smith Rd. e _-- -� La i"sora Rd . Sunset Ave. Lange Rd. Larson Rd:'..' �.. Spatdr' ._ I i� d K; Kelly,Rd; w , Rayhl Rd: sh Be--� R7 _ 1146 > a ` ion Rd .._.. �. —,a�--fit-.- yit Nia` etta A10 iostLk. N ��, <�. -� 0 2 �� NTS ` KIN � Skagit U q ; Sellin harp' Rd g 1 ke11o99 Airport 77 tLn W. Sakerview Rd E Sakerview Rd "T­ Baytont�' IRd. h, f, ,. ' r r " +- r xu_.. _ __"' , - Y R l 11 fi ] , .. 211 Whatcom County Public Works Project Narrative Smith Road & Northwest Drive CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located in Section 27 & 34 of T39N, R2E. The work involves intersection improvements that will likely be a roundabout or traffic signal at the current 4-way stop. This project will also require drainage upgrades and R/W acquisition, and is dependent on the NW Annex building being demolished at a future date. This project is listed #R8 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: The project is currently being scoped. Total Estimated Project Cost: TBD *Includes Project #6 and #7 Expenditures to Date: $ 0 Funding Sources: Federal $TBD State $TBD Local $5,000 (Grant funds to be sought) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD t t W Anton fed. W. Axton Rd. t:Y E Lon at t c - c 'Cy 28 A ......�.... v... _. J� Sunset A ve. Mange Rd. �> Slater r Rd._.. ry a tars slaj � Kell te>, z Klin -t Rd. 212 Whatcom County Public Works Project Narrative Roadway Frost Depth Detectors CRP # 913014 Construction Funding Year(s): 2018 Project Narrative: This item provides funding to address replacement of the County's aging network of roadway frost depth detectors. These detectors are critical for implementing appropriate roadway restrictions to prevent structural damage following periods of deep frost. It is listed #R9 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Design initiated in 2014, with permitting and design completion in 2016. Construction scheduled for 2018. Total Estimated Project Cost: $250,000 Expenditures to Date: $0 Funding Sources: Federal $ State $ Local $250,000 (STIP 2015-2016) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this item, no map exists. Location of the new roadway frost depth detectors will be determined in 2016. 213 Whatcom County Public Project Narrative Bennett Drive, Marine Dr. to West Bakerview Rd. CRP # 916005 Construction Funding Year(s): 2017 Project Narrative: This road project is located in Sections 14 & 23, T38N, R2E. This project will consist of resurfacing Bennett Drive from Marine Drive to West Bakerview Road. Additionally, all curb ramps will be upgraded to current ADA (Americans with Disabilities Act) standards, signalized crosswalks will be evaluated at safe routes to school, and the roadway will be re-channelized to create bike lanes in both directions. This project is listed as #R10 on the 2017-2022 Six - Year Transportation Improvement Program. Project Status: Design and R/W will begin in 2016. Outreach and coordination with City of Bellingham and Bicycle Pedestrian Advisory Committee in 2016. Total Estimated Project Cost: TBD Expenditures to Date: $50,000 Funding Sources: Federal State Local $80,000 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A �` Bellingham °, +.��- ket1Q,� Rii > into _ _ Country Ln. I W Bak`erview Rd ��r E Airport Bak�erview Rd �onj VA E ��`., a,ItiSii Pik Matt IQ Rd de Ai � r y V r Ri Q °a67 c Btauaiicum Cr _- - nsetf)l , F. f ILA __ [[ \chi 7 F _i_o_ULLL',r �[ , BEi Ra F # k �•.� � i� � � � + � � �, }.� s Afi ��� 1'�� 7` �f� ji+�� ,�rt�ll�s ��ti, wa St i {_. + _ - Val fi � r + 1 y' 1 xl Squalicum Marbar , , i 3 i` ,max i _ - �� 214 Whatcom County Public Works Project Narrative Marine Drive McAlpine Road to Alderwood Avenue Reconstruction and Bike/Ped Facilities CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This Marine Drive project is located between McAlpine Road and Alderwood Avenue in Section 15 of T38N, R2E. The work involves reconstruction of approximately Y2 mile of roadway with emphasis on bike/pedestrian enhancements. This project is listed #R11 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Design, permitting, R/W and construction time frames would be contingent on availability of additional grant monies to fund the project. Total Estimated Project Cost: $2,550,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $300,000 (Grant funds to be sought) Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Skagit CouABelli 1 gh a rn f Airport tr Ln � a y n ' Rd.fir,_-�`" y . Y✓ l'1 caod . Ave. R1 1 C: Lia 215 Whatcom County Public Works Project Narrative Lummi View Drive Bank Stabilization CRP # 908001 Construction Funding Year(s): TBD Project Narrative: This project is located in Section 2,T37N, R1 E. This project will consist of repair and stabilization of a ocean bluff failure that threatens a section of Lummi View Drive. This project is listed #R12 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Survey and preliminary cost scoping to be performed in 2016. Total Estimated Project Cost: $TBD Expenditures to Date: $2,500 Funding Sources: Federal $0 State $ Local $30,000 (STIP 2016) Environmental Permitting SEPA, CLR/CAO Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD 41101� Whatcom County Public Works Project Narrative North Shore Road Bellingham City Limits to Y Road CRP # 902007 Construction Funding Year(s): TBD Project Narrative: This project is located in Sections 25 and 26, T38N, R3E. The work will involve improvements to a 2.87 mile section of the North Shore Road from the Bellingham City Limits to `Y' Road, including: various improvements to address horizontal and vertical alignment deficiencies; spot safety upgrades, and stormwater quality treatment. This project is listed #R13 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Preliminary design and construction time frames will be contingent on resolution of funding needs, along with permitting and RNV issues associated with the final selected sites. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $10,000 (Grant funding will be sought) Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A i ern y Rd.Av.. R13 L FrernontSt <0uise,, Mi 1 217 Whatcom County Public Works Project Narrative Lummi Nation Transportation Projects CRP #912017 Construction Funding Year(s): 2017 Project Narrative: The Lummi Nation Transportation Projects is located in Section 2, T37N, R1 E and Section 34, T38N, R1 E. This work, in fulfillment of the ferry lease obligation, involves the construction of transportation improvement projects in accordance with Exhibit C of the October 27, 2011 Uplands Lease Agreement for Lummi Island Ferry Use at Gooseberry Point. This project is listed #R14 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Projects funds will be available for expenditure when funds of equal or greater value are matched by the Lummi Nation. Total Estimated Project Cost: $4,000,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $2,000,000 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A Due to the nature of this item, no map exists. Location of the new transportation projects will be determined in 2017. 218 Whatcom County Public Works Project Narrative Point Roberts Transportation Improvements CRP # 910002 Construction Funding Year(s): 2017 Project Narrative: Point Roberts is located in T40N and T41 N, R3W. The proposed improvements would be specific to area needs and the development of projects to be funded by the Pt. Roberts Transportation Benefit District. This project is listed #R15 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Public Works has assigned staff working with the Point Roberts Transportation Benefit District Advisory Committee to coordinate project evaluation, selection, and development. Total Estimated Project Cost: $150,000 (2017) Expenditures to Date: $4,000 Funding Sources: Federal $0 State $0 Local $868,000 (current Transportation Benefit District funds balance) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD 219 Whatcom County Public Project Narrative Slater Road/Haxton Way CRP # Not Assigned Construction Funding Year(s): 2017 Project Narrative: This project is located on Slater Road in Section 36, T39N, R1 E. The project is to improve the intersection, thru location of a dedicated left hand turn signal, pavement, drainage, signing, and striping improvements. This project is listed #1116 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Total Estimated Project Cost: $ TBD Expenditures to Date: $ 0 Funding Sources: Federal State Local $50,000 Environmental Permitting HPA, SEPA, Sec 404, NEPA Right -of -Way Acquisition (Estimate) $ TBD County Forces (Estimate) TBD MCI Whatcom County Public Works Project Narrative East Smith Road Everson -Goshen Road to SR 542 CRP # 916006 Construction Funding Year(s): TBD Project Narrative: This East Smith Road project is located between Everson -Goshen Road and State Route 542 in Section 25 of T39N, R3E and Sections 28, 29, 30 T39N, R4E. The work will involve the pavement rehabilitation of approximately 3.25 miles of roadway. This project is listed #R17 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Design, permitting and construction to be completed in 2017. Rural Arterial Pavement Preservation (RAPP) grant funds will be sought. Total Estimated Project Cost: $1,400,000 Expenditures to Date: $0 Funding Sources: Federal State Local $5,000 Environmental Permitting SEPA, ESA Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A 221 Whatcom County Public Works Project Narrative East Smith Road & Hannegan Road CRP # 914002 Construction Funding Year(s): TBD Project Narrative: The intersection of East Smith and Hannegan Roads is located in Sections 28, 29, 32 and 33, T39N, R3E.This project is listed #R18 on the 2017-2022 Six -Year Transportation Improvement Program. This intersection currently experiences delays due to the lack of left -turn channelization on Smith Road. The first phase of this project is to analyze a range of solutions as well as their associated benefits, limitations, and costs. Project Status: Traffic counts and warrants completed with an associated 'Alternatives Analysis' in 2014. Preliminary engineering will begin in 2016, contingent on funding and finalization of scope. Total Estimated Project Cost: $ TBD Expenditures to Date: $14,000 Funding Sources: Federal State $ Local $150,000 Environmental Permitting SEPA, ESA Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A E. Axton Rd, ee' cc { 3 ion RCiIA.w - E. Smith Rd. Wetly` Rd�. 00 =_ if co _0 CO r ' Bellinger Rd, i o �a (D 181 i� Harmony Rd. NTS € ' i Huntley Rd. Vary VVyck Rd I VAN VVYCK V 222 Whatcom County Public Works Project Narrative Birch Bay Drive — Jackson Rd. to Shintaffer Rd. CRP Mot Assigned Construction Funding Year(s): 2020 Project Narrative: This project is located in Sections 24, 30, and 31 of T40N, R1 E. The work involves pavement rehabilitation of approximately 2.5 miles of roadway through a grind/repave operation. This project is listed #R19 on the 2017-2022 Six - Year Transportation Improvement Program. Project Status: Project design and construction will closely follow the Birch Bay Drive & Pedestrian Facility project to rehabilitate Birch Bay Drive after the soft shore berm construction activities. Additional funding sources will be pursued as they become available. Total Estimated Project Cost: $1,170,000 Expenditures to Date: $ 0 Funding Sources: Federal $TBD State $TBD Local $1,170,000 Environmental Permitting SEPA, CLR/CAO, Shorelines Right -of -Way Acquisition (Estimate) $0 County Forces (Estimate) TBD 12 'k, iahrno a r�yroh of in Nicole Ln o - t� Beh 17 15 � .._.._ w @ Rry S>o ocaLincoln Rd Loomis Trail Rd Loom is Trail Rd. on Fleet Rd. _ i� - - - ?a Anderson Rd � Anderson Rd h�� �, Birc d��s . _ 22 20 y 6'i�h m ece,o, X cottonwood Beach -0y -'m Bich Bay - Lynden Rd 6, BIRCHrBAY 2� �i _ �? e a 8 4! r 3n 29 28 27 CrBasy Rd. 1 Arnie Rd �FArnie Rd-}— I Arni BIRCH BAY Arnie Rd. Alderson Rd. Ta N } 32 NTS a. m - E Y. u, 34' , yy y e��Ve_, aj zcc€ _ > T 40 N �m � i a -se - Bay Rd. Bay Rd i Bay Rd. T 39 N -{ m BIRCH BAY _ ¢ ; -p STATE, PARK {C -F J � � x a) a 3 Kluken Rd. /hitehorn Grandview Rd. -' ro State hiwy 548 Grandview Rd SR`548 223 Whatcom County Public Works Project Narrative North Enterprise Road Harksell Road to Birch Bay Lynden Road CRP # 915011 Construction Funding Year(s): TBD 7771 Project Narrative: This North Enterprise Road project is located between Ferndale City Limits to Harksell Road in Sections 5 & 8 of T39N, R2E. The work involves the pavement rehabilitation of approximately 2 miles of roadway. This project is listed #R20 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Design & construction will be pursued when additional funding sources become available. Rural Arterial Pavement Preservation RAPP) funds will be sought. Total Estimated Project Cost: $1,000,000 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A 4)Okot Cr. E�{.:h Bay`- Lynden Rd. e G l 1iS t}3 e 'S7D 4� e (� (D e 'te�a e � e 1 Willeys Lk. Rd. zs Zell Rd. Harksell Rd. M M� i Ma I m M� M yam Rd. F 224 Whatcom County Public Works Project Narrative West Badger Road Sunrise Road to Markworth Road CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This West Badger Road project is located between Sunrise Road and Markworth Road in Sections 8 and 9 of T40N, R2E. The work involves reconstruction of approximately 2 miles of roadway, including realignment, widening, safety upgrades and water quality / quantity treatment. This project is listed #R21 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Design, permitting and R/W could begin in 2018; however, the degree of project activity would be contingent on resolution of funding needs. Rural Arterial Pavement Preservation RAPP funds will be sought. Total Estimated Project Cost: $ TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 701 -�e) Barnhart Rd, CO cr_ �. Burk Rd. an � I, a� Q E c 0 IN �c � G rays W. Badger Rd. t _.. R21 r.� ---- a Loomis Trail Rd. '� CO � P .less Rd. o �/flt+9 ais ' _.1 _.. �, .t� ), 4 Lei :h Bay- Lynden Rd. ° { #.. ` Birch Bay 4 -Lynden <�TRRYw R'd. ! o�'iQ_ 225 Whatcom County Public Works Project Narrative Portal Way Birch Bay Lynden Road to Faris Road CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This Portal Way project is located between Birch Bay Lynden Road and Faris Road in Sections 27, 35, and 36 of T40N, R1 E. The work involves pavement rehabilitation of 2.85 miles of roadway. This project is listed #R22 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Design, permitting and construction would be contingent on the resolution of additional funding needs. Rural Arterial Pavement Preservation (RAPP) grand funds will be sought. Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A Birch Bay - Lynden '�►f,� Rd. 0 A�' 'A. ^`ace. V/ b7. .less Rd. h Bay- ._ '' V CO of € 3 Creasy R 3 X NW�WM�YwM f ' uw Ai k i N CUSTER Arnie Rd. �� ' . eys Lk. Rd Ind. r� s � d. R22 " i e E a) Zell Rd, i co # f Fn m Bay Rd. > Substatio , lif Fiarksell Rd. o, w:q� Whatcom County Public Works Project Narrative Turkington Road/Jones Creek CRP # 915013 Construction Funding Year(s): TBD Project Narrative: This project is located in Sections 7, T37N, RSE. This work involves completing design of road and bridge modifications in this area in coordination with a debris flow berm project being developed by the River and Flood Division. The project is listed #R23 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Alternate analysis work is underway by the River & Flood Division. Total Estimated Project Cost: $ TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $500,000 Environmental Permitting BA, HPA, SEPA, Corps of Engrs, CLR/CAO, Shorelines, DNR Right -of -Way Acquisition (Estimate) $50,000 County Forces (Estimate) N/A F r� w . t' uito Lk, ' 227 Whatcom County Public Works Project Narrative Lincoln Road II Harborview Road to SR 548(Blaine Road) Reconstruction and New Alignment CRP # 908011 Construction Funding Year(s): TBD Project Narrative: This Lincoln Road project, from Harborview Road to SR 548 (Blaine Rd), is located in Sections 18 and 19 of T40N, R1 E. The work involves improvements to a 1 mile section that includes road reconstruction, new roadway alignment, safety upgrades, and storm water quality and quantity treatment. This project is listed #R24 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Design, permitting, R/W and construction time frames would be contingent on availability of addition grant monies to fund the project, as well as resolution of some key acquisition, WSDOT access and wetland mitigation issues. Total Estimated Project Cost: $ TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A &*M MI Whatcom County Public Works Project Narrative Marine Drive II Alderwood Avenue to Bridge No. 172 Reconstruction and Bike/Ped Facilities CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This Marine Drive project is located between Alderwood Avenue and Bridge No. 172 in Sections 15 of T38N, R2E. The work involves reconstruction of approximately'/z mile of roadway with emphasis on bike/pedestrian enhancements. This project is listed #R25 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status:, Design, permitting, R/W and construction time frames would be'contingent on availability of addition grant monies to fund the project._ Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 229 Whatcom County Public Project Narrative Hemmi Road Flood Mitigation CRP # 916007 Construction Funding Year(s): TBD Project Narrative: This Hemmi Road Flood Mitigation project is located on Hemmi Road approximately a half mile east of Hannegan Road, located in Section 16 and 21 of T39N, R3E. Hemmi Road is submerged several months of the year at this location. This project is listed #R26 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Preliminary engineering and alternatives analysis work began in 2016 and is expected to be completed in early 2017. Total Estimated Project Cost: TBD Expenditures to Date: $70,000 Funding Sources: Federal State Local $150,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Wiser Lk. f" Founta9n Lk. i 1l iS�TN� s r^ y r r sj E Bartle�� tt'Rtl. ._..1 m E a. 15 l o Co@e`Ri x a S u- E Poles Rd SR 544 I a r r, Crean LIB. .wt l Beard t� Rd. fn F°le i.., z _v { central Rd. ° .Ten Mile BEd. L � s R.26 E. Hemmi Rd, Fazon Lk. ..-o—E t#emmi Rd. ? Martin Rd. l E. Ted t LAUREL ,.� i 0 n Lauret Rd. 9N,.. a COSNEN m 11 _ (� ate.:, `' Goshen Rd. r�� � �•z r rL I r� NTS CJ EJ! oa Axton Rd 4 . i] i r I 0 va ....n.= C7 0 8} ? !Y W q t, E 4 dLBe ;< i ger Rd >� o , s 230 Whatcom County Public Works Project Narrative Innis Creek Road CRP # 915014 Construction Funding Year(s): TBD Project Narrative: This project is located northeast of Wickersham in Section 29, T37N, R5E. The work involves raising a quarter mile section of Innis Creek Road to mitigate flooding issues. This project is listed #1127 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting work is underway with alternatives and associated costs to be developed in 2017. Total Estimated Project Cost: TBD Expenditures to Date: $ 45,000 Funding Sources: Federal $0 State $0 Local $30,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD j ry rn > i 0co Doran'Rd! co Q oo� g�c t— I �w Park Rd.N And erso Hatchery l lk;+t i poi <b'. ii I Mirror Lk. i s , WICKERSHAM -�. Wickersham Rd. LYMAN HILL P Rd E I WHATt OM COUNTY 231 Whatcom County Public Works Project Narrative Larrabee Road Flood Prevention CRP # 914003 Construction Funding Year(s): TBD Project Narrative: This project is located near the Bellingham city limits in Section 11, T38N, R2E. This is a project to provide fish passage, restore habitat, and reduce chronic flooding along a tributary to Bear Creek. This project is listed #R28 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Project site is monitored routinely. Project scoping and design scheduled to begin in 2016 pending results of the ongoing monitoring program. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $ State $ Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD a - - . ., ., Larson Rd..,: Sunset A e„ Lange Rd. S9a ter i net Av. )st Lk. N NTs C Bellingham Airport Country Ln. Larson Rd :- 77 ID 1 - Kelly, Rd'» �e "1 KIt 3 J li Son Rd: h z a - 10 LIm ,,... c KING MTN. R28 p ..v. �kell - g Rd j zl W. Ba ,ery er'w Rci Bakerview Rd , 232 Whatcom County Public Project Narrative Lakeway Drive Corridor Preliminary Engineering Study CRP # Not Assigned Construction Funding Year(s): 2019 Project Narrative: This project is located in Section 34, T38N, RK. This project proposes to rechannelize 1.4 miles of Lakeway Drive to create a center left turn, ADA upgrades and bus pull-outs. This project is listed #R29 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Corridor Study performed in 2015. Preliminary Engineering and Construction to occur in 2019. Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Av. Q U N NTS 233 Whatcom County Public Project Narrative Yacht Club Rd RR Quiet Zone CRP # 915008 Construction Funding Year(s): 2017 / 2018 Project Narrative: This project is located in Section 30, T37N, R3E. This project proposes to upgrade the BNSF crossing to "Quiet Zone" standards. This project is listed #R30 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Federal Application is submitted to the Federal Railroad Administration for approval; construction date pending approval and funding source. Total Estimated Project Cost: $50,000 (LID) Expenditures to Date: $5,000 Funding Sources: Federal State Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) $50,000 — funded by local improvement district (LID) hucka uck rnor's AOA� Cedar Lk 234 Whatcom County Public Project Narrative Airport Drive Subsurface Repair CRP # Not Assigned Construction Funding Year(s): 2017 Project Narrative: This project is located in Section 14, T38N, R2E. This project proposes to repair a subsurface issue on Airport Drive just west of Canterbury Lane. This project is listed #R31 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Design, permitting and construction to be completed in 2017. Total Estimated Project Cost: $300,000 Expenditures to Date: $0 Funding Sources: Federal State Local $300,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD SlaterRd. I .. KelljRd. . p�Rayhort� zi ti I� v Kline F Rd. konZa 15 fNarietta Av. � � ,0 LostLk. N q 10 K O �J m _ _ ING MTN. UA Skagit o: , w i U Bellin ham Int'!gkeltogg Rd ` co �trl Airport Couy Ln. WBakerview Rd E. Bakerview Rd.cc � Bandon �C^ h D r a ..... o $ F Ns z 4 ° 31 ! a Mall lm. rs R d" Aver*` E t . '�•' ca aa) I €6o y c PE �gtjaHcum Cr. a peg ;, � t Nooksa°K a nsl G�fi fAla c. ti ��� a' NTS a NjP►tC° s " Squahcum Harbor 235 Whatcom County Public Project Narrative Ferndale Road/Levee Improvements CRP # Not Assigned Construction Funding Year(s): 2023 - 2024 Project Narrative: This project is located in Sections 30 and 31, T39N, R2E. This project includes reconstruction of 1.2 miles of levee with the Ferndale Levee and Ferndale Treatment Plant Levee segments. The new levee will be set back slightly to Ferndale Road with the roadway serving as the crest of the levee. This project is listed #R32 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Due to the high cost, outside funding will be sought. The WCFCZD will pursue funding through the Floodplains by Design grant program administered by the DOE. Total Estimated Project Cost: $7,000,000 Expenditures to Date: $0 Funding Sources: Federal $ State $ Local $75,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) $ .ParadiseRd a ar y�24 19 20 21 '22 of ma._ atp FERNDALE � y� Mtn. View Rd. `" �. „� I, MainjSt v ..,. s ,. Sar N fi x g Acton Rd. Ilk" I ` ��` n. • ECM � �� 25—.�w.���..�� 30 Ol�� � I 28 27 �o.IV Q�_m N .Ulrick Rd. Tennantf Lk. R32P t W. Smith Rd. o O NTS ➢i3 70 Lampman Rd. F o c y c 0 �Z U Larso 3G N01>34 s2�� Co t Sunset Ave. Lar s Slater Rd..r o �� Slater Rd. l_ � Rayhorst� =r3 QRd. 5 5.�� 236 Whatcom County Public Project Narrative Abbott Road/Levee Improvements CRP # Not Assigned Construction Funding Year(s): 2024 Project Narrative: This project is located in Section 27, T40N, R3E. This project proposes to extend the upstream end of the Abbott Levee and realigned it to run under Abbott Road. This project is listed #R33 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: The funding sources will likely include the County Road fund, the WCFCZD and the LE Subzone. Total Estimated Project Cost: $800,000 Expenditures to Date: $0 Funding Sources: Federal $ State $ Local $ Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) $ r Slo�9h K80 Abbot Rd. ` 0fs R33 qck rziv P N gco,& Ditch Nolte Rd. NTS van Dyk w Lii. Rd. _ .�� � a �. Rd. Fountain Lk. C Lindsav Rd M Is. Rd. ~. 'A Van Dyk Rd. EVERSON T Q 1.... 3 NOOKS& 237 Whatcom County Public Works Project Narrative Potter Road South Fork Bridge No. 148 Replacement CRP #998027 Construction Funding Year(s): 2017 Project Narrative: This bridge replacement project is located in Sections 17 & 18, T38N, RSE. The existing single -lane bridge (14.5' wide & 243' in length) is Structurally Deficient and Functionally Obsolete. The replacement structure is a 360' two -span, pre- stressed and post -tensioned concrete girder bridge. Access will be maintained throughout construction as this is the only public access to the residential, agricultural and tribal community west of the river. The project is listed #131 on the 2017- 2022 Six -Year Transportation Improvement Program, and has a project -based budget. Project Status: Construction began in May 2014, and is approximately 90% complete. It is expected that construction will be completed in Fall 2016, with plant establishment and environment mitigation fully complete in early 2017. Total Estimated Project Cost: $9,600,000 Expenditures to Date: $8,200,000 Funding Sources: Federal $7,074,000 BRAC State $0 Local (includes potential $1 million contribution from BIA) $1,814,000 Environmental Permitting BA, HPA, SEPA, Corps of Engrs, CLR/CAO, Shorelines, DNR Right -of -Way Acquisition (Estimate) Complete County Forces (Estimate) N/A Whatcom County Public Project Narrative Slater Road/Jordan Creek Bridge CRP # 915007 Construction Funding Year(s): 2017 Project Narrative: This project is located on Slater Road in Section 34, T39N, R1 E. This project will replace an existing deteriorated, fish impassable arch culvert conveying Jordan Creek beneath Slater Road with a new bridge. The project is listed #132 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Preliminary engineering work and alternatives analysis of culvert replacement options completed 2015. Recommended alternative of a full span bridge replacement approved by council in early 2015 and design and permitting work for new bridge underway with construction expected in 2017. Work on -going to secure outside funding for construction phase of project. Total Estimated Project Cost: $6,030,000 Expenditures to Date: $480,000 Funding Sources: Federal State Local $6,030,000 Environmental Permitting HPA, SEPA, Sec 404, NEPA Right -of -Way Acquisition (Estimate) $50,000 County Forces (Estimate) 239 Whatcom County Public Works Project Narrative Marine Drive / Little Squalicum Creek - Bridge No. 1 Rehabilitation CRP #910017 Construction Funding Year(s): TBD —71 Project Narrative: This project is located near the Bellingham city limits in Section 8, T38N, R2E. This is a rehabilitation project to replace the bridge deck, strengthen the girders and cross beams, and remove the existing load restrictions on the bridge. The project is listed #133 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: The project was submitted for BRAC funding in May 2012. Construction pending acquisition of BRAC funds. Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $20,000 Environmental Permitting HPA, NEPA Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD mwm N NTS � s wi 16cerview Rd `Bakerview Rd i I f 19i sPr .,... ` I Mall McLeod Ave. �... . �. w� .� E tl''oor ��g ual�cum Cr - r 4 t 1} i Y1otp 1wa Stt r -itc OM BE Llt~IGHAM DrOa f 4t'z�.I �11 Whatcom County Public Works Project Narrative South Pass Road / Saar Creek - Bridge No. 212 Replacement CRP #911004 Construction Funding Year(s): 2016 Project Narrative: This project is located southeast of Sumas in Section 17, T40N, R5E. This is a project to replace the existing 31 foot structurally deficient bridge with a 50 foot bridge. This project is listed as #84 on the 2012-2022 Six Year Transportation Improvement Program. Project Status: l Design and permitting completed in 2015, construction completed in 2016 and project closeout to be completed in 2017. Total Estimated Project Cost: $1,410,000 Expenditures to Date: $1,200,000 Funding Sources: Federal $ State $ Local $60,000 Environmental Permitting HPA, SEPA, SEC 404, County Shorelines Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A -61 241 Whatcom County Public Works Project Narrative Portal Way / Dakota Creek - Bridge No. 500 Seismic Retrofit CRP #910001 Construction Funding Year(s): 2016 Project Narrative: This project is located south of Blaine in Section 8, T40N, R1 E. This is a seismic retrofit project to mitigate the risk of failure in the event of a seismic event. This project is listed #135 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Construction completed in November of 2015, mitigation planting work completed in 2016 and project closeout to be completed in 2017. Total Estimated Project Cost: $4,048,6004 Expenditures to Date: $3,970,000 Funding Sources: Federal $3,000,000 (BR) State $0 Local $1,048,604 Environmental Permitting HPA, SEPA, SEC 404, NEPA, County Shorelines Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) None 'FyeA ,3 ,. p N r �yy�� qSwe d 70 �' t f3} > —_ ,,. DRAYTON HARBOR ...;� 135 West Hoier,Rd. N fait Rd. "�"'�R M1 m .._ .,m ' 6tTS Mc w. ee Rd' 4 I 4 h } ' V .. Lincoln Rd. eca is Trail R 1Fl etRd. y'/ , 1 M �.. '-- t i..Y . IdC jXx 19 242 Whatcom County Public Works Project Narrative Jackson Road / Terrell Creek - Bridge No. 81 Replacement CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located near Birch Bay in Section 31, T40N, R1 W. This is a project to replace the existing 62-foot structurally deficient bridge. This project is listed #136 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2017 with construction time frames to be contingent upon availability of grant funds. Total Estimated Project Cost: $ TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $50,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD 3 Cr€ ! 45) BIRCH BAY ArnArnie _t Rd. Rd. Alderson Tarte Rdo NTS Inc $+ ey ♦try L s 4 7 30 �r Bey Rd. Bay Rd. BIRCH BAY STATE PARK T€ 0 A Klui r*t Grandview Rd ' 243 Whatcom County Public Works Project Narrative Mosquito Lake Road / Porter Creek - Bridge No. 141 Replacement CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located south of Welcome in Section 11, T38N, R5E. This is a project to replace the existing 31-foot bridge in order to mitigate ongoing scour and debris issues. This project also affords an opportunity to address geometric issues that arose from the emergency realignment of Mosquito Lake Road in 2004. This project is listed #B7 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2019. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD 244 Whatcom County Public Works Project Narrative N. Lake Samish Road Bridge No. 107 Replacement Study CRP # 913006 Construction Funding Year(s): TBD Project Narrative: This project is located on Lake Samish in Section 27, T37N, RK. This project will perform an engineering analysis on replacement options for this existing 250-foot timber bridge. This project is listed #1138 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Preliminary engineering work began in 2016 with completion of a type, size and location report expected in early 2017 to aid in determining the bridge replacement type. Anticipate applying for BRAC funds for final design and construction phase in 2017. Total Estimated Project Cost: TBD Expenditures to Date: $175,000 Funding Sources: Federal $0 State $0 Local $500,000 Environmental Permitting TBD Right -of -Way Acquisition TBD County Forces TBD 245 Whatcom County Public Works Project Narrative Hannegan Road Bridge No. 236 Replacement CRP # 913007 Construction Funding Year(s): TBD Project Narrative: This project is located on Hannegan Road between Central and Ten Mile Roads in Section 16, T39N, R3E. This is a project to replace the last 31-foot channel beam bridge on the Hannegan Road. This old design is not suited for the volume of truck traffic present on the Hannegan Road. This project is listed #1139 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Project design and permitting work expected to be completed in 2017. Rural Surface Transportation Program (STP) Funds have been obtained for the construction of the project. Total Estimated Project Cost: TBD Expenditures to Date: $ 110,000 Funding Sources: Federal $40,000 (STP) State $0 Local $20,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces N/A 0% as E. Hemmi Rd. LAUREL E. Laurel r- 0 E_ Pole Rd. SR 544 Green Lk. i N LETSTen Mile Rd. ,: s E. Hemmi Rd. 246 Whatcom County Public Works Project Narrative Roberts Road/Anderson Creek, Bridge No. 249 CRP # 915020 Construction Funding Year(s): 2018 Project Narrative: This project is located west of Deming in Section 19, T39N, R4E. This is a bridge replacement project. This project is listed #11310 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: BRAC Funding secured in 2015. Preliminary design and permitting work underway with construction scheduled in 2018. Total Estimated Project Cost: $2,000,000 Expenditures to Date: $240,000 Funding Sources: Federal $1,100,000 (BR) State $0 Local $900,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD CEDARVILLE ( -42) 247 Whatcom County Public Works Project Narrative Massey Road/Sumas River, Bridge No. 291 CRP # 915016 Construction Funding Year(s): 2017 Project Narrative: This project is located east of Everson in Section 5, T39N, R4E. This is a project to replace the deck on this structurally deficient bridge. This project is listed #1311 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Preliminary design and permitting is underway with construction scheduled in 2017. Total Estimated Project Cost: $235,000 Expenditures to Date: $25,000 Funding. Sources: Federal $0 State $0 Local $235,000 Environmental Permitting HPA, SEPA, Shorelines Right -of -Way Acquisition N/A County Forces (Estimate) $200,000 1s.. �d_ South Pass Rd. a f. m Hughes Rd._ �s I C -- 0 z assey Rd. a EVERSON c .) Gilmore Rd 0 ;. �? t4Ts 0 Cabrant Rd. Cole Rd Mack Rd.. bale C Hopewell Rd. G� Whatcom County Public Works Project Narrative W. Badger Road/Bertrand Creek Bridge No. 50 CRP # 915024 Construction Funding Year(s): TBD Project Narrative: This project is located west of Lynden in Section 12 & 14, T40N, R2E. This is to replace this structurally deficient bridge. This project is listed #1312 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: BRAC funding obtained in 2015. Preliminary engineering work started in 2016 and will be on -going in 2017. Total Estimated Project Cost: TBD Expenditures to Date: $205,000 Funding Sources: Federal $120,000 (BR) State $0 Local $50,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Rd. 249 Whatcom County Public Works Project Narrative Goshen Road/Anderson Creek Bridge No. 248 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located south of Everson/Goshen in Section 19, T39N, R4E. This is a bridge rehabilitation and sedimentation control project. This project is listed #1313 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2018. Total Estimated Project Cost: TBD Expenditures to Date: $ 0 Funding Sources: Federal $0 State $0 Local $20,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD 0CL a)' c Geot V 4 Fazon Lk, i' art:n Rd. Gsgoo�i Rd. ...._AID �y dry} GOSHEN Goshen Rd. „ E- Hoff Rd;B1 :i Ha, } p l..d N� 3] (D NTs 0 -a CL t' CEDARVILLE 0 0 P 4 > UJ E. Smith Rd„ 250 Whatcom County Public Works Project Narrative Slater Road / Nooksack River Bridge No. 512 Overheight Detection CRP #914013 Construction Funding Year(s): TBD Project Narrative: This project is located on Slater Road at the Nooksack River in Section 6, T38N, R2E. This is an overheight detection/warning system project. The project is listed #1314 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Preliminary design work to begin in 2017. Total Estimated Project Cost: TBD Expenditures to Date: $1,500 Funding Sources: Federal $0 State $0 Local $30,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 4 L No Slater Rd B14 �ayhorst Rid. 1 M il 01r 0 U51 U J Sk,, �t za fi '29 5 y l .21 ICU a' hetta Av, Lost Lk. 3git 4 Bellingham lnfl Airport 251 Whatcom County Public Project Narrative Martin Road/Anderson Creek Bridge No. 250 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: Project: This project is located on Martin Road in Section 18 & 19, T39N, R4E. This is a project to replace the existing 31-foot structurally deficient bridge. This project is listed #11315 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2021. Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal State Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Central Rd. - O :fl CL .... Gear a m Fazon Lk. Martin Rd. B15 Osgood Rd. -- %nrn,. < G01SFtEN Goshen Rd. E. Hoff Rd. Hatl LAUVRENCE rays g0 v cr) J �;3: N� o s ,>' i CEDARVILLE N LU f S N 0. Smith Rd. s l4� W 252 Whatcom County Public Project Narrative Loomis Trail Rd/Bertrand Cr. Trib. Bridge No. 497 CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project is located on Loomis Trail Road in Section 15 & 22, T40N, R2E. This project is to replace the existing 21-foot structurally deficient bridge. This project is listed #B16 on the 2017-2022 Six -Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2022. Total Estimated Project Cost: TBD Expenditures to Date: $0 Funding Sources: Federal State Local $5,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD v9 CL css QP rAR, F Loomis Trail Rd. � ro E. Main t� B16 _6 N tYNDEN NTS Tromp Rd; M Birch Bay - Lynden Rd. }foie Rd P Cr c G� o rev 253 Whatcom County Public Works Project Narrative Refurbish / Upgrade of the Whatcom Chief CRP #910012 Construction Funding Year(s): TBD Project Narrative: This project involves the upgrade and preservation of the current ferry to Lummi Island, M/V Whatcom Chief. The project definition will address safety, accessibility and reliability concerns associated with the approximately 50 year old ferry. This project is listed #F1 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Opportunities for project funding will be reviewed as they become available. Total Estimated Project Cost: TBD Expenditures to Date: $2,000 Funding Sources: Federal $0 State $0 Local $5,000 Environmental Permitting None Required Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A M/V Whatcom Chief 254 Whatcom County Public Works Project Narrative Ferry Dock Electrical and Painting Project CRP #916020 Construction Funding Year(s): 2018 Project Narrative: This project includes electrical improvements and painting of the approach spans and towers at both ferry terminals. This project is listed #F2 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Design and permitting work began in 2016 with construction anticipated in 2018. Total Estimated Project Cost: $1,290,000 Expenditures to Date: $90,000 Funding Sources: Federal $ State $ Local $1,290,000 Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A 255 Whatcom County Public Works Project Narrative Lummi Dolphin and Breakwater Replacement CRP #914015 Construction Funding Year(s): TBD Project Narrative: This project includes replacing the three remaining timber dolphins and southerly breakwater at the Lummi Island ferry terminal. These structures were constructed in the mid 1980's and are reaching the end of their service life. This project is listed #F3 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Federal Ferry Boat Program funds have been obtained for this project. Design and permitting work is underway. Total Estimated Project Cost: TBD Expenditures to Date: $75,000 Funding Sources: Federal $60,000 (FBP) State $ Local $15,000 Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A �v� Whatcom County Public Works Project Narrative Replacement of the Whatcom Chief CRP # Not Assigned Construction Funding Year(s): TBD Project Narrative: This project involves replacement of the current ferry to Lummi Island, M/V Whatcom Chief. This project is listed #F4 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Opportunities for project funding will be reviewed as they become available. Total Estimated Project Cost: TBD Expenditures to Date: $350,000 (approx) Funding Sources: Federal $0 State $0 Local $10,000 Environmental Permitting None Required Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) None Required MN Whatcom Chief 257 Whatcom County Public Works Project Narrative Various Bridges Rehabilitation / Replacement CRP #Not Assigned Construction Funding Year(s): 2017 Project Narrative: This item provides funding to address unanticipated bridge rehabilitation and/or replacement. It is listed #Y1 on the 2017- 2022 Six Year Transportation Improvement Program. Project Status: Design and construction to occur as necessary. Total Estimated Project Cost: $1,750,000 Expenditures to Date: N/A Funding Sources: Federal $ State $ Local $1,750,000 (STIP 2017-2022) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this item, no map exists. Council review and prioritization will be sought at the appropriate times. -01 Whatcom County Public Works Project Narrative Right of Way Acquisition CRP # Not Assigned Construction Funding Year(s): 2017-2022 - 1 Project Narrative: This item addresses the unanticipated need for Right -of -Way that may arise during a given year that requires immediate action. This project is listed #Y2 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: N/A. Total Estimated Project Cost: $180,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $180,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 259 Whatcom County Public Works Project Narrative Unanticipated Site Improvements CRP # Not Assigned Construction Funding Year(s): 2017 - 2022 —� Project Narrative: This Annual Construction Program item addresses the unanticipated project(s) that may arise during a given year that require immediate action due to safety concerns, environmental factors, traffic volumes, accident history, funding or grant availability and other issues not related to an existing program project. This project is listed #Y3 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: It is anticipated that the design and construction of projects will occur yearly as the needs and locations are determined. Total Estimated Project Cost: $1,800,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $1,800,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. Moill Whatcom County Public Works Project Narrative Stormwater Quality Improvements CRP # Not Assigned Construction Funding Year(s): 2017 - 2018 Project Narrative: This project varies in location. Identification and prioritization to be addressed and reviewed through County Council. This project is listed #Y4 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Design and construction will be completed in 2017/2018. Total Estimated Project Cost: $345,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $345,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 261 Whatcom County Public Works Project Narrative Non -motorized Transportation Improvements CRP # Not Assigned Construction Funding Year(s): 2017 - 2022 Project Narrative: This program item addresses the need to identify and prioritize non -motorized projects for future consideration. Projects would include pedestrian and bike facilities (eg: sidewalks, trails, shoulder widening) in various locations around the county. This project is listed #Y5 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: It is anticipated that the design and construction of projects will occur yearly as the needs and locations are determined. Total Estimated Project Cost: $600,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $600,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 262 Whatcom County Public Works Project Narrative Fish Passage Project CRP #912014 Construction Funding Year(s): 2017 — 2018 Project Narrative: This project is for the design and construction of fish passage projects. This project is listed #Y6 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Design will begin in 2016 with construction of the first project scheduled for 2017. Total Estimated Project Cost: TBD Expenditures to Date: N/A Funding Sources: Federal $0 State $0 Local $220,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 263 Whatcom County Public Works Project Narrative Railroad Crossing Improvements CRP # Not Assigned Construction Funding Year(s): 2017 - 2022 - 1 Project Narrative: Locations to be determined. Identification and prioritization to be addressed. This project is listed #Y7 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: Locations and prioritization of projects is on -going. Negotiations with BNSF will be a factor on timing and cost. Total Estimated Project Cost: $120,000 Expenditures to Date: - 0 - Funding Sources: Federal $0 State $0 Local $120,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 264 Whatcom County Public Works Project Narrative Neighborhood Traffic Calming CRP # Not Assigned Construction Funding Year(s): 2017 - 2022 Project Narrative: Locations to be determined. Identification and prioritization to be addressed. This project is listed #Y8 on the 2017-2022 Six Year Transportation Improvement Program. Project Status: It is anticipated that the design and construction of projects will occur yearly as the needs and locations are determined. Total Estimated Project Cost: $300,000 Expenditures to Date: - 0 - Funding Sources: Federal $0 State $0 Local $300,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 265 N C O d d B 'C V R C C •m 7 LL Q mm r� N O N t� N n O 10 CDO O co n W O r- M O N O W m 't CO V O 6t � N O W N LO co N O N O) O (0 't LO N LO ti co M M O W t` t` 6) t� LO �. c6 M O N M N O M M W LO M n V C C C 7 R U1 LL m N W N � Cl) � N � � 69 O 64 O � O ea O � O 69 O � p) d :d G iL LL i6 t- N O N t` N t- O co 6) W co O t- M O N O W O 6) W M 4 O 6 M W OR � W t` W w Co M N tO 0 co Ln ,I: t- 0) 6) n c- O m O (0 (D t` LO W M O O N N. N N W M OR d' co M "I: c0 N Z t- t� Cl) H> O LO HT N W V' fiT M N m UY N W LO EA W M LO tO V ef3 O M t- EA t` O M W W —co c0 W O O W O O .-. O �P N r0 p W O O M M CO V V' �- t` N M t` U3, W O M N ff? 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C)O O 00 CO 0 M C) O CD O C)O O O C) O CD O CD Q— EA 6r3 6% EA EFT EA EA EA EA EA EA EA EA EA EFT C E O O O O O O O opO O O O O O O O O O O C) O C)O CZ) O O O O O O O Q O O O O O O O O O 0 0 O O O O O J N 0 0 C7 O O O C7 0 O C) Cj 0 O O 0 0 EA EA fA EA EA 69 EA EA EA (FT EA EA EA EA EA EA p N N N_ CO O CO N 6) (O co O r- p 0)O 00 N CO co (.0N N 0) m 00 X y N N N N N N N N N N N N O CD CD0 O CD CD O O O O 0 O 0 O z W, EA EA EA EA EA EA EA EA EA EA EA EA EA EA (i3 p 0 t- N O LO O O t- C') Cn — N N N (O (A LO O r C:� N (O O O O m Cl) LO CO .- O V' co m �t �t' CO O) N 0) N — N 4- co O O_ O_ O_ �_ �_ N_ M M M M 4 4 4 CD _O _M e" EA EA EA EA 6fk EA 6% 6% EA K> EFT EA EA EA EA EA CD O � N M � CO O t- 00 O O N N N N i CDr- O 0 O 0 O CD i- CD — C)O O O O O O O O O y N N N N N N N N N N N N N N N N m ca co co m m M @ CL a a a a a a E E 0 d E E J 0 M M a w c 0 E 2016 Rating Road Name 34 Lake Whatcom Boulevard 34 Marine Drive 34 North Shore Road 35 Bennett Drive 35 Lake Louise Road 35 Lake Louise Road 36 Marine Drive 38 Marine Drive 38 North Telegraph Road 38 Van Wyck Road 39 Drayton Harbor Road 39 Haxton Way 39 Van Buren Road 40 Harborview Road 40 Lake Louise Road 40 Semiahmoo Drive 40 Shintaffer Road 40 Yew Street Road 41 Cain Lake Road 41 Goodman Road 41 Marine Drive 41 Mountain View Road 41 Nugent Road 41 Nugent Road 42 Bakerview Road (W) 42 Birch Bay Drive 42 Drayton Harbor Road 42 Hovander Road 42 Lake Whatcom Boulevard 42 Smith Road (W) 42 South Pass Road 42 Vista Drive 43 APA Road 43 Beach Way 43 H Street Road 43 Mountain View Road 43 Slater Road 43 Van Buren Road 44 Badger Road (W) 44 Birch Point Road 44 Cedarville Road 44 Ferndale Road 44 Ferndale Road 44 Lake Louise Road 44 Marine Drive 2016 Whatcom County Priority Rating Program From UAB Wynn Road Bellingham C/L Airport Drive Gate 13 (SV) MP 3.46 Bridge #5 Ferndale Road Sorenson Road Hannegan Road Harborview Road Kwina Road Hampton Road Lincoln Road Lake Whatcom Boulevard Elderberry Lane Lincoln Road Spring Valley Dr (private) NE Cain Lk Rd Johnson Road Old Marine Drive Olson Road Ferry Dock Blizard Road Bellingham C/L Alderson Road Blaine C/L Smith Road (W) Lake Louise Road Hovander Road North Pass Road Ferndale C/L Tyee Drive Slater Road Axling Road Lake Terrell Road Ferndale C/L MP 3.34 Sunrise Road Semiahmoo Drive Goshen Road Slater Road Ulrich Road Gate 5 (SV) Alderwood Avenue Rating: 0 (worst) to 100 (best) Incorporates; road geometrics, surface condition, ride, drainage, traffic volumes, traffic types, accident history UC - Under construction To Length FFC South Bay Drive 1.95 7 Old Marine Drive 0.44 16 MP 1.00 1.00 16 Bakerview Road (W) 0.26 17 MP 3.46 1.37 16 Austin Street 0.60 16 Ferndale Road 0.49 7 Rural Avenue 0.67 7 Badger Road (E) 2.19 8 SR 542 2.15 7 Blaine Road 0.90 17 Slater Road 1.82 7 Lindsay Road 0.55 7 Drayton Harbor Road 0.47 17 Gate 5 (SV) 0.50 16 Blaine C/L 0.96 17 Birch Bay Drive 0.60 17 Samish Way 0.71 17 Lake Whatcom Boulevard 0.37 7 Meadow Lane 0.25 8 Alderwood Avenue 0.22 16 Ferndale C/L 0.77 16 Blizard Road 1.01 8 West Shore Drive 1.48 8 Bennett Drive 0.33 17 Harborview Road 1.14 17 Harborview Road 1.16 18 Ferndale C/L 0.29 16 UAB 0.93 17 Ferndale C/L 0.17 16 Frost Road 4.16 7 Grandview Road 1.67 17 Boundary Bay Road 1.50 8 Sucia Drive 0.36 8 Sunrise Road 3.78 7 Olson Road 2.00 7 Pacific Highway 0.31 16 Halverstick Road 1.41 8 Markworth Road 2.01 7 Birch Bay Village Entrance 1.58 17 SR 542 1.39 8 Ulrich Road 1.05 7 Ferndale C/L 0.38 16 Gate 13 (SV) 1.59 16 McAlpine Rd 0.51 16 Federal Functional Classification (FFC): 7 & 8 - Rural collectors 14, 16, 17 & 18 - Urban arterials/collectors 2016 Whatcom County Priority Rating Program 2016 Rating Road Name From To Length FFC 44 Nugent Road Legoe Bay Road Granger Road 0.20 8 44 Siper Road MP 0.81 Hopewell Road 0.99 8 44 South Pass Road Goodwin Road North Pass Road 1.74 7 45 Alderwood Avenue Marine Drive Airport Drive 0.34 16 45 Axton Road (E) SR 539 Hannegan Road 1.97 7 45 Bay Road Kickerville Road Bruce Road 2.76 7 45 Ferndale Road Marine Drive Slater Road 1.89 7 45 Goodwin Road Sorenson Road South Pass Road 1.00 8 45 Goodwin Road South Pass Road Hopewell Road 2.54 8 45 Hopewell Road Siper Road Goodwin Road 0.23 8 45 Kickerville Road Bay Road Arnie Road 1.01 8 45 Lummi Shore Road Lummi View Drive MP 0.91 0.64 8 45 Marine Dr / Edwards Dr Gulf Road Marina Drive 1.27 8 45 North Shore Road MP 1.00 Y Road 1.87 16 45 Rural Avenue Curtis Road Ferndale C/L 0.58 17 45 Vista Drive Grandview Road Bay Road 1.61 7 45 Wiser Lake Road (E) SR 539 Hannegan Road 2.12 18 46 Airport Drive Alderwood Avenue Airport Way 0.46 16 46 H Street Road SR 539 Axling Road 1.24 7 46 Johnson Road Tyee Drive Boundary Bay Road 1.51 8 46 Kickerville Road Arnie Road Birch Bay Lynden Road 1.01 8 46 Legoe Bay Road Nugent Road West Shore Drive 1.67 8 46 Maplewood Avenue (W) Bellingham C/L Bakerview Road (W) 0.26 14 46 Marine Drive Gulf Road Roosevelt Road 1.27 8 46 North Telegraph Road Badger Road (E) Sumas Road 1.88 8 46 Northwood Road Hampton Road UAB 0.75 8 46 West Shore Drive Legoe Bay Road Nugent Road 2.31 8 47 Benson Road Teller Road Boundary Bay Road 1.75 8 47 Grandview Road Point Whitehorn Way Jackson Road 0.98 7 47 H Street Road Sunrise Road Blaine C/L 2.72 7 47 Lake Whatcom Boulevard Cable Street Strawberry Point Road 1.50 17 47 Lake Whatcom Boulevard Seaplane Road Lake Louise Road 1.39 17 47 Lummi View Drive Lummi Shore Road Goosebery spur 1.69 8 47 Meadow Lane Goodman Road Roosevelt Road 0.26 8 47 Northwest Drive Pole Road (W) Ritter Road 0.84 8 47 Silver Lake Road SR 542 Rock Quarry 3.22 8 47 Van Buren Road Lindsay Road Badger Road (E) 1.00 7 48 Grandview Road UAB UAB 0.40 17 48 Kickerville Road Rainbow Road Grandview Road 2.01 7 48 Mosquito Lake Road Hutchinson Creek Middle Fork Bridge 3.97 8 49 Alderwood Avenue Airport Drive Bellingham C/L 0.71 17 49 Bay Road Blaine Road Kickerville Road 0.98 7 49 Country Lane Rural Avenue Bancroft Road 0.82 16 49 Goshen Road Fazon Road Cedarville Road 1.23 8 49 Hampton Road UAB Northwood Road 1.66 7 Rating: 0 (worst) to 100 (best) Federal Functional Classification (FFC): Incorporates; road geometrics, surface condition, ride, 7 & 8 - Rural collectors drainage, traffic volumes, traffic types, accident history 14, 16, 17 & 18 - Urban arterials/collectors UC - Under construction 270 Page 2 of 7 2016 Whatcom County Priority Rating Program 2016 Rating Road Name From To Length FFC 49 Harksell Road Enterprise Road Enterprise Road (N) 0.38 7 49 Lummi Shore Road Cagey Road Marine Drive 2.76 8 49 Marine Dr/Lummi Shore Dr Kwina Road Bridge #5 0.41 7 49 Mosquito Lake Road North Fork Road SR 542 0.95 8 49 Northwood Road Badger Road (E) Pangborn Road 1.00 8 49 Northwood Road Pangborn Road Halverstick Road 1.01 8 49 Nugent Road Sunrise Road Legoe Bay Road 1.13 8 49 Portal Way Birch Bay Lynden Road Hall Road 3.32 7 49 Portal Way Hall Road Blaine C/L 0.41 17 49 Roosevelt Road Marine Drive Tyee Drive 0.93 8 49 Silver Lake Road Rock Quarry South Pass Road 2.67 8 49 Siper Road SR 9 MP 0.81 0.81 8 49 South Bay Drive Lake Whatcom Boulevard Brannigan Creek 2.77 8 49 South Pass Road Frost Road Kendall Road 1.24 7 49 Sunrise Road Nugent Road Seacrest Drive 0.75 8 49 Wiser Lake Road (W) Northwest Drive Old Guide Road 2.18 8 50 Bancroft Road Marine Drive Country Lane 0.59 16 50 Birch Bay Drive Shintaffer Road Birch Point Road 0.66 17 50 Cain Lake Road Skagit County Line NE Cain Lk Rd 1.80 7 50 Curtis Road Country Lane Rural Avenue 1.50 17 50 Enterprise Road (N) Harksell Road Brookwood Drive 0.45 7 50 Hampton Road Northwood Road Slotemaker Road 0.75 7 50 Hampton Road Slotemaker Road Van Buren Road 2.24 7 50 Haxton Way Mackenzie Road Balch Road 0.94 7 50 Jackson Road Birch Bay Drive UAB 0.92 18 50 Lummi View Drive Gooseberry Spur Mackenzie Rd / Haxton Wy 0.44 7 50 Marine Drive Bancroft Road Wynn Road 0.20 16 50 Mosquito Lake Road Township Line North Fork Road 1.94 8 50 Northwest Drive Smith Road (W) Axton Road (W) 1.00 16 50 Olson Road Aldergrove Road Mountain View Road 1.99 8 50 Slater Road Haxton Way Imhof Road 0.98 7 50 Wiser Lake Road (W) Old Guide Road SR 539 0.50 18 51 Berthusen Road Loomis Trail Road West Main Street 0.26 18 51 Boundary Bay Road APA Road Johnson Road 1.00 8 51 Breckenridge Road Nooksack C/L Sorenson Road 1.12 8 51 Custer School Road Creasy Road Birch Bay Lynden Road 0.50 8 51 Jackson Road UAB Grandview Road 0.51 8 51 Kickerville Road Birch Bay Lynden Road Loomis Trail Road 1.00 8 51 Lake Samish Drive (W) Nulle Road Summerland Road 1.73 8 51 Lake Whatcom Boulevard MP 2.07 Seaplane Road 1.17 17 51 Laurel Road (W) Northwest Drive Aldrich Road 0.99 17 51 Lincoln Road Blaine C/L 0.05 m. west of Shintaffer Rd 0.39 17 51 Mosquito Lake Road Old Garbage Dump Road Hutchinson Creek 3.17 8 51 Seacrest Drive Sunrise Road Scenic Estates 1.21 8 51 Slater Road Beach Way Lake Terrell Road 1.09 8 Rating: 0 (worst) to 100 (best) Federal Functional Classification (FFC): Incorporates; road geometrics, surface condition, ride, 7 & 8 - Rural collectors drainage, traffic volumes, traffic types, accident history 14, 16, 17 & 18 - Urban arterials/collectors UC - Under construction PAD of 7 2016 Whatcom County Priority Rating Program 2016 Rating Road Name From To Length FFC 51 Slater Road Ferndale Road R/R Crossing (C/L) 1.38 7 51 Sucia Drive BMP Beach Way 1; 87 8 52 Birch Bay Drive Harborview Road Shintaffer Road 0.95 17 52 Birch Bay Lynden Road Delta Line Road Enterprise Road (N) 1.90 7 52 Cedarwood Avenue Bennett Drive Bellingham C/L 0.10 17 52 Halverstick Road Northwood Road Van Buren Road 3.54 8 52 Lake Samish Drive (W) Summerland Road Lake Samish Drive (N) 0.87 8 52 Laurel Road (E) SR 539 Hannegan Road 1.97 8 52 Laurel Road (W) Aldrich Road SR 539 1.51 8 52 Northwest Drive Axton Road (W) Paradise Road 0.76 16 52 Portal Way Ferndale C/L Faris Road 1.16 16 52 Portal Way Faris Road Birch Bay Lynden Road 2.85 7 52 Roosevelt Road Tyee Drive Meadow Lane 1.37 8 52 Slater Road Lake Terrell Road Haxton Way 2.50 7 52 Smith Road (E) Noon Road Mission Road 2.01 7 52 South Bay Drive Brannigan Creek Park Road 0.94 8 52 South Pass Road Kendall Road Silver Lake Road 4.99 8 52 Valleyview Road Birch Bay Lynden Road . Haynie Road 2.45 8 52 Y Road North Shore Road Jensen Road 1.87 8 53 Airport Drive Airport Way Bennett Drive 0.30 16 53 Birch Bay Drive State Park (north gate) Alderson Road 1.18 17 53 Birch Point Road Birch Bay Village Entrance Birch Bay Drive 0.40 17 53 Cottonwood Avenue Bennett Drive Bellingham C/L 0.09 17 53 Fazon Road Goshen Road Hemmi Road (E) 0.77 8 53 Gooseberry Spur Lummi view Drive Ferry Dock 0.05 7 53 Halverstick Road Van Buren Road Crape Road 1.02 8 53 Halverstick Road Crape Road Garrison Road 1.00 8 53 Haxton Way Balch Road Kwina Road 3.28 7 53 Hemmi Road (E) Everson Goshen Road Mission Road 1.00 8 53 Lake Samish Drive (N) Lake Samish Drive (W) Lake Samish Drive (E) 0.93 8 53 Loomis Trail Road Blaine Road Portal Way 1.75 8 53 Lummi Shore Road Kwina Road Haxton Way 1.08 8 53 Mosquito Lake Road SR 9 MP 0.94 0.94 8 53 Mosquito Lake Road MP 0.94 Old Garbage Dump Road 0.74 8 53 Mosquito Lake Road Middle Fork Bridge Township Line 2.67 8 53 Northwest Drive Bellingham C/L Smith Road (W) 2.54 16 53 Old Samish Road MP 2.51 Bellingham C/L 0.69 8 53 Olson Road Vista Drive Aldergrove Road 1.90 8 53 Pacific Highway Bellingham C/L Slater Road 1.34 17 53 Pole Road (W) Old Guide Rd SR 539 0.51 17 53 Smith Road (E) Mission Road SR 542 2.24 7 53 Sorenson Road Breckenridge Road North Telegraph Road 0.47 8 53 Van Dyk Road Theil Road Everson Goshen Road 2.62 8 53 Y Road Jensen Road SR 542 2.55 8 54 Badger Road (E) Garrison Road North Telegraph Road 0.33 8 Rating: 0 (worst) to 100 (best) Federal Functional Classification (FFC): Incorporates; road geometrics, surface condition, ride, 7 & 8 - Rural collectors drainage, traffic volumes, traffic types, accident history 14, 16, 17 & 18 - Urban arterials/collectors UC - Under construction 272 Page 4 of 7 2016 2016 Rating Road Name 54 Britton Road 54 Everson Goshen Road 54 Grandview Road 54 Harborview Road 54 Kickerville Road 54 Lindsay Road 54 Northwest Drive 54 Pole Road (W) 54 Semiahmoo Drive 55 Bennett Drive 55 Birch Bay Lynden Road 55 Enterprise Road (N) 55 Everson Goshen Road 55 Hemmi Road (E) 55 Lakeway Drive 55 Loomis Trail Road 55 Marina Drive 55 Point Whitehorn Road 55 Rock Road 55 Sunrise Road 56 Axton Road (W) 56 Birch Bay Lynden. Road 56 Birch Bay Lynden Road 56 Birch Bay Lynden Road 56 Enterprise Road 56 Enterprise Road (N) 56 Everson Goshen Road 56 Haynie Road 56 Loomis Trail Road 56 Main Street 56 Nulle Road 56 Samish Way 56 Samish Way 56 Slater Road 56 South Pass Road 56 Van Buren Road 57 Alderson Road 57 Britton Road 57 Custer School Road 57 Hemmi Road (E) 57 Lake Samish Drive (N) 57 Lake Terrell Road 57 Marine Drive 57 Stadsvold Road 57 Sweet Road Whatcom County Priority Rating Program From Emerald Lake Way Hemmi Road (E) UAB Birch Bay Drive Grandview Road Van Buren Road Paradise Road Northwest Drive Birch Point Road Marine Drive Harborview Road Brookwood Drive Smith Road (E) Hannegan Road Bellingham C/L Bob Hall Road Edwards Drive Grandview Road Sumas Road Badger Road (W) Ferndale C/L UAB MP 4.20 Rathbone Road Ferndale C/L Birch Bay Lynden Road SR 542 Valleyview Road Bertrand Creek Bridge #30 Bruce Road Lake Samish Drive (W) Old Samish Road Galbraith Lane Pacific Highway Nooksack C/L Badger Road (E) Birch Bay Drive SIR 542 Main Street SR 539 Lake Samish Drive (E) Slater Road Bennett Drive Haynie Road Blaine C/L Rating: 0 (worst) to 100 (best) Incorporates; road geometrics, surface condition, ride, drainage, traffic volumes,, traffic types, accident history UC - Under construction To Length FFC Bellingham C/L 1.03 16 Pole Road (E) 2.08 7 Dahlberg Road 0.33 7 Lincoln Road 1.17 17 Bay Road 1.00 7 Van Buren Road 0.31 7 Pole Road (W) 2.00 7 Old Guide Rd 2.22 7 Elderberry Lane 1.49 17 Airport Drive 1.23 17 UAB 1.25 17 Birch.Bay Lynden Road 1.55 7 Hemmi Road (E) 2.01 7 Everson Goshen Road 3.05 8 Terrace Avenue (N) 0.63 16 Bertrand Creek Bridge #30 1.43 8 APA Road 0.56 8 Birch Bay Drive 0.57 17 Nims Road 2.90 8 H Street Road 2.02 8 Northwest Drive 0.86 16 Portal Way 2.41 7 Delta Line Road 1.82 7 Berthusen Road 1.01 7 Harksell Road 1.79 17 Loomis Trail Road 1.01 8 Smith Road (E) 1.99 7 Delta Line Road 2.01 7 Berthusen Road 0.62 18 Custer School Road 0.24 8 1-5 0.62 8 Galbraith Lane 1.51 8 Bellingham C/L 1.52 17 Northwest Drive 0.74 16 Goodwin Road 1.23 7 MP 3.34 0.63 8 Blaine Road 0.85 18 Emerald Lake Way 0.45 16 Creasy Road 0.77 8 Hannegan Road 1.97 8 Old Samish Road 0.87 8 Mountain View Road 2.00 7 Bellingham C/L 0.29 16 Sweet Road 0.52 7 Stadsvold Road 1.44 7 Federal Functional Classification (FFC): 7 & 8 - Rural collectors 14, 16, 17 & 18 - Urban arterials/collectors Paw�of 7 2016 Whatcom County Priority Rating Program 2016 Rating Road Name From To Length FFC 57 Van Dyk Road Hannegan Road Theil Road 0.98 8 57 Weidkamp Road Badger Road (W) H Street Road 1.96 8 58 Austin Street Lake Louise Road Cable Street 0.37 16 58 Baker Lake Road Skagit County Line MP 3.93 3.93 7 58 Birch Bay Lynden Road Enterprise Road (N) Rathbone Road 2.03 7 58 Bruce Road Bay Road Main Street 0.74 8 58 Hannegan Road Van Wyck Road Smith Road (E) 2.02 7 58 Hannegan Road Smith Road (E) Hemmi Road (E) 2.07 7 58 Haynie Road Stadsvold Road Valleyview Road 1.24 7 58 Lummi Shore Road MP 0.91 Smokehouse Road 1.74 8 58 Mountain View Road Rainbow Road Lake Terrell Road 0.50 7 58 Smith Road (E) SR 539 Hannegan Road 1.96 7 58 Terrace Avenue (N) Lakeway Drive Cable Street 0.16 16 58 Van Wyck Road BMP Hannegan Road 0.40 7 59 Birch Bay Drive Point Whitehorn Way State Park (north gate) 0.76 17 59 Lummi Shore Road Smokehouse Road Cagey Road 1.01 8 59 Tyee Drive APA Road Gulf Road 0.25 7 60 Birch Bay Lynden Road Berthusen Road Tromp Road (city limits) 0.52 16 60 Cable Street Terrace Avenue (N) Lake Whatcom Boulevard 0.51 16 60 Gulf Road Marine Drive Tyee Drive 0.65 7 60 Hannegan Road Bellingham C/L Van Wyck Road 0.25 7 60 Nulle Road 1-5 Skagit County Line 0.59 7 60 Park Road South Bay Drive SR 9 2.78 8 60 Tyee Drive Gulf Road Benson Road 0.25 7 60 Van Buren Road Everson C/L Hampton Road 1.09 7 60 Weidkamp Road Loomis Trail Road Badger Road (W) 1.02 8 61 Bakerview Road (W) Bennett Drive Bellingham C/L 0.26 16 61 Birch Bay Lynden Road Portal Way MP 4.20 0.54 7 61 Grandview Road Jackson Road Blaine Road 1.02 7 61 Old Samish Road Lake Samish Drive (N) MP 2.51 2.51 8 61 Tyee Drive Benson Road Roosevelt Road 0.95 7 61 Yew Street Road Spring Valley Dr (private) Tacoma Av (private) 0.28 17 62 Axton Road (W) Northwest Drive UAB 0.25 16 62 Axton Road (W) UAB SR 539 2.25 7 62 Delta Line Road Badger Road (W) Haynie Road 0.48 7 62 Nugent Road Granger Road Ferry Dock 0.19 8 62 Slater Road Imhof Road Ferndale Road 0.49 7 63 Lake Whatcom Boulevard Strawberry Point Road MP 2.07 0.36 17 63 Marine Drive McAlpine Rd Bennett Drive 0.62 16 64 Badger Road (W) Markworth Road SR 539 3.05 7 64 Bender Road Boundary Road (E) Visser Road 0.37 8 64 Country Lane Bancroft Road Curtis Road 0.07 17 64 Hampton Road Lynden C/L UAB 0.04 17 64 Loomis Trail Road Sunrise Road Bob Hall Road 2.00 8 64 Smith Road (E) Hannegan Road Noon Road 2.02 7 Ratin : 0 (worst) to 100 (best) Federal Functional Classification (FFC): Incorporates; road geometrics, surface condition, ride, 7 & 8 - Rural collectors drainage, traffic volumes, traffic types, accident history 14, 16, 17 & 18 - Urban arterials/collectors UC - Under construction 274 Page 6 of 7 2016 Whatcom County Priority Rating Program 2016 Rating Road Name From To Length FFC 64 Smith Road (W) Ferndale C/L Northwest Drive 0.57 16 64 Smith Road (W) Waschke Road SR 539 2.00 7 65 Badger Road (W) Delta Line Road Sunrise Road 0.86 7 65 Kwina Road Haxton Way Lummi Shore Road 0.96 7 65 Yew Street Road Bellingham C/L Spring Valley Dr (private) 1.06 17 66 Boundary Road (E) SR 539 Benson Road 1.07 8 66 Northwood Road Halverstick Road Boundary Road (E) 0.62 8 66 Rainbow Road Mountain View Road Kickerville Road 1.20 7 66 Smith Road (W) Northwest Drive Waschke Road 0.50 17 67 Benson Road Visser Road Boundary Road (E) 0.36 8 68 Boundary Road (E) Bender Road Northwood Road 1.49 8 68 Hannegan Road UAB Nooksack Bridge #252 2.88 7 69 Hannegan Road Nooksack Bridge #252 Lynden C/L 0.43 17 70 Hannegan Road Hemmi Road (E) Beard Rd 1.51 7 70 Hannegan Road Beard Rd UAB 0.71 17 70 Lincoln Road 0.05 m. west of Shintaffer Rd Harborview Road 0.79 17 71 Visser Road Bender Road Benson Road 1.00 8 73 Sunrise Road Birch Bay Lynden Road Badger Road (W) 2.01 8 Rating: 0 (worst) to 100 (best) Incorporates; road geometrics, surface condition, ride, drainage, traffic volumes, traffic types, accident history UC - Under construction Total miles = 358.39 Federal Functional Classification (FFC): 7 & 8 - Rural collectors 14, 16, 17 & 18 - Urban arterials/collectors Pa?e 7 Whatcom County 2015 Bridge Report Submitted: September 2016 This bridge report is prepared by Whatcom County Public Works Bridge and Hydraulic Division under the direction of the County Engineer each year to fulfill requirements of the Washington Administrative Code (WAC) 136-20- 060. This WAC requires the County Engineer's report of bridge inspections as follows: "Each county engineer shall fnnrnish the county legislative authority with a written resume ofthe.fndings ofthe bridge inspection effhrt. This resume shall be made available to said authority and shall he consulted (hiring the preparation ofthe proposed si.r,vear transportaltoft program revision. The resume shall include the county engineer's recommendations as to replacement, repair or load restriction fi r each deficient bridge. The resolution of adoption o0he six year transportation program shall include assurances to the effect that the county engineers report with respect to deficient bridges it -as available to said authority (hiring the preparation of7he program." Prepared by: Steve Dillon Bridge Inspection Team Leader Reviewed by; James E. Lee, P.E. Engineering Manager - Bridge & Hydraulics Approved by: -- _ _.. Joseph P. Rutan, P.E. County Engineer/Assistant Director Cover Photo: Public Works Maintenance & Operations crew complete maintenance work on the Mosquito Lake Road/North Fork Nooksack River Bridge No. 332. This 210-foot span steel girder bridge with reinforced concrete approach spans was constructed in 1965. Page 1 of 22 277 Table of Contents WAC 136-20-060 and signature page...........................................................1 Tableof contents.......................................................................................2 Acronyms.....................................................................................................................3 Whatcom County bridge location Map.........................................................4 Executive Summary ....................................................................................5 Bridge inventory summary ............................................................................6 Bridge inspection, findings and Recommendations...... ................ ...................... 7 Load, Height and Width Restricted Bridges.......................................................9 Bridge Replacement and Rehabilitation Plan for Deficient Bridges.. ... .............. 10 Maintenance and Repair Recommendations....................................................12 Glossary of Bridge Terms............................................................................14 Appendix A — 2015 Whatcom County Bridge Inventory ......................................18 Page 2 of 22 278 Acronyms The following is a list of common acronyms widely used in the bridge inspection field: DT Average Daily Traffic BRAG Bride Replacement Advisor Committee FHWA Federal Highway Administration FO Functionally Obsolete HBRRP Highway Bridge Replacement and Rehabilitation Program NBIS National Bridge Inspection Standards SD Structurally Deficient SID Structure Identification Number SR Sufficiency Rating UBIT Under Bride Inspection Truck AC Washington Administrative Code �VSDOT Washington State Department of Transportation Canyon Creek Bridge 334 on Mosquito Lake Road. Page 3 of 22 279 Whatcom County Bridge 1._.ocation Map soy 0 a Legend .. ... Page 4 of 22 Executive Summary This report has been completed in compliance with WAC 136-20-060, which requires that each County Engineer furnish a written resume of the county's bridge inspection efforts to the county legislative authority. It is also the intention of this report that information presented here be incorporated into a comprehensive program strategy to preserve the county's roadways. Highlights and Changes in 2015 — Whatcom County bridge inventory consists of 161 structures. — A total of 85 Whatcom County bridge condition inspections were completed in 2015. — Whatcom County provided bridge inspection services for 5 outside local agencies in 2015. - A total of 2 8 bridge repair work orders were completed by Whatcom County crews and others in 2015- - The new Bridge on Potter Road over the South Fork of the Nooksack was opened to traffic in September 2015. This replaced a structurally deficient one lane truss Bridge. — Maintenance and Operations crews completed installation of temporary timber supports at the west abutment on Martin Road/Anderson Creek Bridge No. 250 Martin Road Bridge 250 with temporary timber supports at west abutment installed in 2015 Oversize/Overweight Load Permits In recent years Whatcom County has seen an increase in oversize/overweight permit applications. There were over 30 oversize/overweight permits issued for loads crossing county owned bridges in 2015. Bridge program staff review these applications to ensure that these oversize/overweight loads can cross these bridges without causing any harm to the structure. Slater Road Bridge 512 with posted height restriction Summary of Bridge Inventory - As of the end of 2015, the unincorporated Whatcom County road system contains 161 bridges and culverts which provide connectivity between our 974 miles of roads. Ten of these structures are classified as structurally deficient (SD); of these four are scheduled for replacement or rehabilitation within the next six years. — A list of all structurally deficient bridges recommended for future replacement or rehabilitation is shown in Exhibit C. Page 5 of 22 281 Bridge Inventory Of the 161 structures in the Whatcom County inventory 5 are of timber construction, 101 are of concrete construction, 6 are predominately steel (all of which are fracture critical) and the remainder are a combination of these materials. See Appendix A for a complete list of Whatcom County Bridges. This Bridge on Friday Creek is typical of our channel beam girders supported by timber piles and caps. Lummi Island Ferry Terminals As a part of our bridge program, Whatcom County inspects and maintains the Gooseberry Point and Lummi Island Ferry Terminals. These consist of a steel transfer span and a timber trestle at the Gooseberry Point terminal and a steel transfer span and a reinforced concreted girder approach dock at the Lummi Island terminal. Lummi Island approach span Short Span Bridges The Highway Bridge Replacement and Rehabilitation Program (HBRRP) excludes short span bridges (span length of 20 feet or less) from receiving federal funding. Out of the 161 bridges in Whatcom County inventory, 21 of these bridges are classified as short span bridges. Outside Local Agency Bridges The Whatcom County Bridge and Hydraulics program provides inspection services to local agencies upon request. The county works with cities under inter -local agreements (ILA), with conditions set forth in the Revised Code of Washington (RCW) Chapter 39.34. The county's services are provided primarily to local agencies that lack expertise to inspect and maintain their bridge inventory. In addition, the Whatcom County Public Works Road Maintenance Division contracts with local agencies for the maintenance of other local agency bridges. In 2015 the county provided inspection services on 57 bridges for outside local agencies. Local Agency Number of bridges inspected in 2015 City of Everson 1 City of Lynden 11 City of Sumas 2 City of Bellingham 41 Port of Bellingham 1 (ferry terminal) San Juan County 1 Summary of outside local agency bridges inspected in 2015 Page 6 of 22 Bridge Inspection, Findings and Recommendations Bridge inspections are performed in accordance with the National Bridge Inspection Standards (NBIS) in conformance with 23 CFR 650.3. The standards mandate that all public agencies with a bridge inventory inspect and report the findings at a minimum of once every two years (routine inspection). Special inspections are required for bridges that cannot be given close or adequate inspection from the ground. For these bridges an Under -Bridge Inspection Truck (OBIT) is required. Steel bridges with fracture critical members may also require special inspections with special inspection equipment. A third category of special inspections are the Under Water Inspections which are required every five years for bridges with piers that extend below ordinary low- water levels. During bridge inspections, the current condition of each bridge element is noted. The deficiencies are coded to NBIS standards and show the degree of deterioration in various elements- the three primary elements being: • Deck, e Superstructure, and • Substructure. As deterioration accelerates, the coding values drop and work orders for repairs are issued. In the case where the coding factors are extremely low, recommendations are made for repair, replacement or rehabilitation. Bridges with identified deficiencies may be inspected or monitored at more frequent intervals. The results of our inspection program are forwarded to the Washington State Department of Transportation (WSDOT) for review. Once the report has been accepted by WSDOT it is available for the Federal Highway Administration (FHWA). Whatcom County has many reinforced concrete channel beam superstructures designed in 1955 which are at the low end of today's load carrying capacity requirements and are supported by timber caps and piles. These structures are being maintained and/or replaced on a regular basis depending on the age and the deterioration rate of the structure. The NBIS utilizes information from the latest bridge inspection to determine the Sufficiency Rating (SR) which is a calculated score based on information from the most recent bridge inspection. The SR is a number from 0 to 100 with 100 being an entirely sufficient bridge, and 0 being an entirely insufficient or deficient bridge. Items that factor into the determination of the SR include: load bearing capacity, average daily traffic, availability and length of detour, the geometry of the bridge and the risk of scour on bridge foundations at waterway crossings. As of December 31 2015, Whatcom County has 86 bridges with a SR rating of less than 80 that are eligible to compete for federal rehabilitation funding. There are 4 bridges with a SR less than 40 that are eligible to compete for federal replacement funding. Of the 4 bridges with an SR rating of 40 or less, federal BRAC replacement funds have been secured to replace two of these structures (Roberts Rd/Anderson Creek Bridge 249 and W. Badger Rd/Bertrand Creek Bridge 50). This year routine inspections were performed on 142 bridges, including 57 outside local agency bridges. If the underside of the bridge deck cannot be given close or adequate inspection from the ground then a special inspection using an under bridge inspection truck (UBIT) or under bridge inspection platform is required. See Exhibit A for our master list of special inspections and details on inspection frequencies and schedules for all of our UBIT and underwater bridge inspections. Page 7 of 22 Photo of a typical UBIT 283 Exhibit'W' Master List of Special Inspection and Equipment Needs Special Fracture Critical Equipment Underwater Last UBIT Bridge # Bridge Name Last Inspection Last Inspection Date Frequency ;- Date Inspection Date � .us 3I� MARIETTA September 2012 January 2013 72 Months 115 HIGH BRIDGE April 2014 48 Months 140 MIDDLE FORK i August 2014 24 Months 148 SOUTH FORK February 2014 24 Months 252 NOOKSACK i March 2014 September 2015 24 Months RIVER __ 332 __�.� �._m , _. m.__ NORTH FORK April 2015 24 Months 421 ;ROCKY CREEK .. _ .. .. Aril 2015 ............. 24 Months 500 DAKOTA CREEK = April 2013 48 Months 503 GOOSEBERRY October 2014 March 2011 24 Months FERRY SLIP r 507 . LUMMI ISLAND October 2014 m. March 2011 _ 24 Months FERRY SLIP 512 NOOKSACK April 2015 z 24 Months RIVER Page 8 of 22 alarli Load, Height and Width Restricted Bridges Each bridge is required to have a "Load Rating" calculation. The Load Rating establishes how much weight the bridge can carry for several standard configurations of vehicle axle loads. During the 2015 inspection cycle, no bridges were added to the load restriction list. As of December 31, 2015, there are a total of fourteen (14) restricted bridges in the county. Bridges that have traffic portals of 15 feet or less are required to be posted with the allowable height. Whatcom County has two roads passing through posted height restricted bridge structures. Of the fourteen (14) bridges posted for load restrictions, three (3) are scheduled for replacement. Most of Whatcom County's posted bridges have a deficient superstructure due to the original girder design and are not an immediate concern for our lower ADT roads but they are inspected every 12 months to look for any problems that would accelerate their need for replacement. Exhibit "B" — Load, Height and Width Restricted Bridges Bridge # Road Name Features Crossed Restricted i Restricted Bridge Width Vertical Posted for Clearance Load Restriction 1 MARINE DR ACCESS RD CREEK Yes e OLD RR 44 BRIDGE WAY CALIFORNIA CR 16 Yes 51 FLYNN RD FISHTRAP CR 16 81 JACKSON RD. TERRELL CR. Yes 82 ALDERSON RD TERRELL CREEK Yes 91 STEIN RD DAKOTA CR. TRIB. Yes 105 MANLEY ROAD SILVER CREEK 11.8 107 N. LAKE SAMMISH DR. i LAKE SAMMISH 12 Yes 132 _ HUDSON ROAD ._. JONES CREEK 15 140 MOSQUITO LK RD MIDDLE FORK 13.2 18, _ _.._. 151 �T . I HILLSIDE RD. SIGITOWITZ CREEK E_.-_. Yes — 249 ROBERTS RD. ANDERSON CR Yes _ro 291 �.. MASSEY RD SUMAS RIVER ._ Yes 308 ; ALM RD SUMAS RIVER Yes 332 MOSQUITO LK RD _ NORTH FORK ( Yes 503 LUMMI VIEW DR 9104 12 503A _ .. _ _ LUMMI VIEW DR .. .._ .. .... �...... � °MALE PASS _ ; _ ... _ _ _ �. ... , _ . _... _ ,. , Yes E 506 HERON LANE JOHNSON CR 12 507 LUMMI IS FERRY RTE HALE PASSAGE 14 39'03" 507A LUMMI IS FERRY RTE I HALE PASSAGE 14 Yes 510 t COAL CREEK RD GALLOP CREEK 14 512 SLATER RD i NOOKSACK RIVER 15'03" Yes Page 9 of 22 ON Bridge Replacement and Rehabilitation Plan for Deficient Bridges The county's current focus is to replace or rehabilitate bridges that are classified as structurally deficient (SD) per NBIS. Three structurally deficient bridge replacement/rehabilitation projects were in the design phase at the end of 2015. Since 2000, 17 bridges have been replaced or re -built in Whatcom County. Lists of future replacement/ rehabilitation candidates, including short -span bridges, are shown in Exhibit'C.' 2015 Replacement and Rehabilitation Projects Potter Road -Bridge 148-Replacement This project replaced the existing one -lane, two-way, SD and functionally obsolete fracture critical truss bridge with a reinforced concrete bridge. The new structure was opened in the fall of 2015. View of completed bridge structure Hannegan Road Bridge 252 Scour Mitigation Project This project included installing scour counter measures at pier number 2 to remove the scour critical designation on this bridge. Project completed fall of 2015. Slater Road Bridge 512 Paint Restoration This project involved painting the Slater Road/Nooksack River Bridge No. 512 steel truss to prolong the structure's service life. Project was completed in the fall of 2015. View of containment system Dakota Creek Bridge #500 Seismic Retrofit This project retrofitted the 1928 Concrete T-Beam structure to a Level 2 seismic condition. This work also extends the service life of this structure and removes the SD designation. Project completed in the fall of 2015. Page 10 of 22 View of new steel column jacket installation r4;1;a Exhibit "C" — Structurally Deficient Bridges Bridge # Bridge Name Deficiency's Sufficiency Status Rating s0~ BERTRAND CR Timber^Cap Section 22.51 = Construction Loss i 2018 81 JACKSON RD. Timber Cap and Pile 28.20 ;Monitoring Deterioration 248 ANDERSON CR Timber Cap and Pile 36.88 E Monitoring 3 Deterioration 249 ANDERSON CR Timber Cap Section 39.86 i Construction Loss 2017 1 LITTLE Delamination of 41.73 E Monitoring SQUALICUM Deck, Cap Beam Capacity 291 SUMAS RIVER Concrete Channel 42.72 Monitoring Beam Deterioration _,_ _,_ 497 ....._ ., . __.... BERTRAND CR .. Scour Exposing 45.37 Monitoring TRIB Concrete Footings 212 SAAR CR Timber Cap and Pile 47.41 Construction Deterioration 2016 BNSF RR t Deck Deterioration 75.45 Monitoring 250 ANDERSON CR Timber Cap and Pile 53.54 Monitoring Deterioration Page 11 of 22 K-61N Maintenance and Repair Recommendations The majority of bridge repair and maintenance work is done by Whatcom County Maintenance & Operation crews, with support from various vendors. During 2015 Maintenance & Operation crews cleaned the majority of the County bridges and all of the bridges in the County inventory were washed. In addition, the majority of the bridges were brushed to support ongoing maintenance, repair and inspection activities. Twenty eight (28) maintenance work orders were completed in 2015. (See Exhibit D below). Work planned for 2016 includes major work orders and routine maintenance on most of our bridges. The work includes helper piles and caps, abutment repairs, asphalt approaches, concrete repair and bridge cleaning and brushing. Exhibit "D" — Maintenance Work Orders Completed in 2015 Bridge # Waterway _ Work Completed eted t Date Repaired r 513 RED RIVER Repair Abutment March 2015 91 DAKOTA CR. TRIB. Repair March 2015 ........................ 49 JOHNSON CREEK 3F ____ _-_. _._ Repair __ _------ _._, April 2015 242 SAAR CREEK Repair April 2015 201 SWIFT CREEK __.---- ------ . _ _ --- Repair _ - April 2015 53 RIVER ROAD Remove stream debris July 2015 88 2 S. FORK DAKOTA CREEK _ Repair Approaches August 2015 _r-_. ,,. .__ 11 RED RIVER _._ ...._. _ ___�_ _ _n_�_ , . �._m. Repair Approaches _. August 2015 163 DAKOTA CR TRIB Repair Approaches August 2015 250 Martin Rd Temp. Cap Repairs July 2015 249 ANDERSON CR Re -Torque Bolts August 2015 37 CALIFORNIA CREEK _ ... _... _. _...__, .....,._ Fix Expansion joints . _..,... ...... ..... ._ _ ... r August 2015 50 DAKOTA CR Re -Torque Bolts August 2015 z 3 NOOKSACK RIVER Paint Bearings October 2015 i 306� SUMAS RIVER Joint Repair August 2015 201 SWIFT CR Remove sediment from bridge October 2015 507A&507 Ferry Slip & App. Lummi Is € Dry Dock Prep September 2015 07 Ferry Slip & App. Lummi Is Tighten Cables September 2015 507A&507 Ferry Slip & App. Lummi Is Flapper Repairs i September 2015 i 507A&507 , Ferry Slip & App. Lummi Is - Hand Rail Repairs September 2015 507A&507 1 Ferry Slip & App. Lummi Is = Paint Towers September 2015 507A&507 Ferry Slip & App. Lummi Is Float Repair September 2015 503A&503 Ferry Slip & App. Dry Dock Prep September 2015 Gooseberry 503A&503 Ferry Slip & App. Repair Flappers September 2015 Gooseberry Page 12 of 22 ID] 503A&503 Ferry Slip & App. Apply non-skid surfacing September 2015 Gooseberry 503A&503 Ferry Slip & App. Paint Bearings September 2015 Gooseberry 503A&503 Ferry Slip & App. Dock Repair September 2015 Gooseberry R 503A&503 - Ferry Slip & App. Repair Hand Rails September 2015 Gooseberry Page 13 of 22 :• Glossary of Bridge Terms Abutment -a substructure supporting the end of a single span, or the extreme end of a multi -span super -structure and, in general, retaining or supportingthe bridge approach fill. Approach span - the span or spans connecting the abutment with the main span or spans. Back wall -the top -most portion of an abutment functioning primarily as a retaining wall to contain approach roadway fill. Beam -a linear structural member designed to span from one support to another. Bent -a supporting unit of the beams of a span made Lip of one or more column or column -like members connected at their top -most ends by a cap, strut, or other horizontal member. Box Girder -a support beam that is a hollow box; Its cross-section is rectangle or square. Bracing -a system of tension or compression members, or a combination Of these, connected to The parts to be supported or strengthened by a truss or frame. It transfers wind, dynamic, impact, and vibratory stresses to the substructure and gives rigidity throughout the complete assemblage. Can also refer to diagonal members that tie two or more columns of a bent together. Cap -the horizontally -oriented, top -most piece or member of a bent sewing to distribute the beam loads upon the columns and to hold the beams in their proper relative positions. Cast -in -Place - concrete poured within form work on site to create a structural element in its final position. Catwalks -temporary foot bridges, used by bridge inspection personnel. Basic Bridge Parts 1 `,t,f0 its tf� I K, I IMU MAFRC -,. otAsc, SUW SPAMI J r' DFUd j n Page 14 of 22 Wux n0?* Pie -II] Chord - in a truss, the upper -most and the lower- most longitudinal members, extending the full length of the truss. Column -a vertical structural member that transfers dead and live load from the bridge deck and girders to the footings or shafts. Column crosses brace -transverse brace between two main longitudinal members. Compression - a type of stress involving a pressing or squeezing together; tends to shorten a member; opposite of tension. Culvert -a pipe or small structure used for drain- age under a road, railroad or other embankment. A culvert with a span length greater than 20 Feet Is included in the National Bridge Inventory and Receives a rating using the NBI scale. Dead 1 o ad -a static load due to the weight of the structure itself. Deck -the roadway portion of abridge that provides direct support for vehicular and pedestrian traffic. Deck bridge -a bridge in which the supporting members are all beneath the roadway. Deck truss -a bridge whose roadway is supported from beneath by a truss. Diagonal -a sloping structural member of truss or bracing system. Elastomeric pads - rectangular pads made of neoprene, found between the sub -structure and superstructure that bears the entire weight of the superstructure. Elastomeric pads can deform to al- low for thermal movements of the superstructure. End wall -the wall located directly under each end of a bridge that holds back approach roadway tills. The end wall is part of the abutment. Expansion ,joint -A joint designed to provide means for expansion and contraction movements produced by temperature changes, load, or other forces. Fatigue -Cause of structural deficiencies, usually due to repetitive loading over time. Footing -The enlarged, lower portion of a sub- structure that distributes the structure load either to the earth or to supporting piles; the most common footing is the concrete slab; "footer" is a colloquial term for footing. Fracture critical member -a member in tension or with a tension element whose failure would probably cause a portion of or the entire bridge to collapse. Girder -a main support member for the structure that usually receives loads from floor beams and stringers; also, any large beam, especially it'built up. Hanger -a tension member serving to suspend an attached m e m b e r. Hinge -a point in a structure at which a member is free to rotate. Live load -vehicular traffic, wind, water; and/or earthquakes. Lower chord -the bottom horizontal member of a truss. Main beam -a beam supporting the spans and bearing directly onto a column or wall. Page 15 of 22 291 Member —an individUal angle, beam, plate, or built piece intended to become an integral part of an assembled frame or structure. Oscillation —a periodic movement back and forth between two cxtrerrie limits. An example is the string of a guitar that has been plucked. Its vibration back and forth is one oscillation. A vibration is described by its size (amplitude), its oscillation rate (frequency), and its timing (phase). In a suspension bridge, oscillation results from energy collected and stored b y the bridge. 11 a part of the bridge has to store more energy than it is capable of storing, that part will probably fail. Pier — a structure comprised of stone, concrete, brick, steel, or wood that supports the ends of the spans of a multispan superstructure at an intermediate location between abutments. A pier is usually a solid structure as opposed to a bent, which is usually made up of columns. Pile — a linear (vertical) member of timber, steel, concrete, or composite materials driven into the earth to carry structure loads into the soil. Pile bent —A row of driven or placed piles with a pile cap to hold them in their correct positions; see "Bent." Plate girder —a large, solid web plate with flange plates attached to the web plate by flange angles or fillet. welds. "I N pically fabricated from steel. Post or column —a member resisting compressive stresses, in a vertical or near vertical position. Pre -cast girder —fabricated offsite of Portland Cement Concrete, reinforcing steel and post- tensioning cables. These girders are shipped to the construction site by truck and hoisted into place by cranes. Reinforced concrete --concrete with steel rein- forcing bars bonded within it to supply increased tensile strength and durability. Scour —erosive action of removing streambed material around bridge substructure due to water 11mv. Scour is of particular concern during high- water events. Short span bridge -these bridges have a single v131S span length of 20 feet or less. They are tN picall\1 supported by timber p i I es or shallow concrete footings. Soffit —the underside of the bridge deck or sidewalk. Spall —a concrete deficiency wherein a portion of the concrete surface is popped off from the main structure due to the expansive forces of corroding steel rebar underneath. This is especially common on older concrete bridges. Span —The distance between piers, towers, or abutments. Steel -A very hard and strong alloy of iron and carbon. Stringer .—a longitudinal beam (less than 30 feet long) supporting the bridge deck, and in large bridges, trained into or upon the floor beams. Sufficiency rating -the sufficiency rating is a numeric value from I (a bridge in new condition) to 0 (a bridge incapable of carrying traffic). The sufficiency rating is the summation of four calculated calucs: Structural Adequacy and Safety. Serviceability and Functional Obsolescence, Essentiality for Public Use, and Special Reductions. Page 16 of 22 292 Substructure —the abutment, p i e r s, grillage, or other structure built to support the span or spans of a bridge superstructure, and distributes all bridge loads to the ground surface. Includes abutments. piers, bents, and bearings. Superstructure — the entire portion of a bridge structure which primarily receives and supports traffic loads and in turn transfers the reactions to the bridge substructure, usually consists of the deck and beams or, in the case of a truss bridge, the entire truss. Tension — type of stress involving an action which pulls apart. Tie — a member carrying tension. Torsion — a twisting force or action. Truss bridge — a bridge having a pair of truss l'or the superstructure. Upper chord-thetop longitudinal member of a truss. Web -the portion of a beam located between and connected to the flanges. Welded joint —a joint in which the assembled elements and members are united through fusion of metal. Wheel rail —a timber curb fastened directly to the deck, most commonly found on all -timber bridges. Wing wall -walls that slant outward from the corners of the overall bridge that support roadway iill of the approach. Page 17 of 22 Appendix "A" 2015 Whatcom County Bridge Inventory; 161 Bridges (21 Short Spans) Bridge # € Bridge Name Structure 1 Structure Traffic (ADT) Detour Miles Year f length Width 1 E Built 1 LITTLE SQUALICUM 270 28 6987 2 1955 2 MARIETTA SLOUGH 105 32 3317 7 1978 3 MARIETTA 420 28 3317 7 1969 5 PORTAGE SLOUGH 90 .......... 40.5 _ .. r__ �.. - 3460 . 6 i 1997 7 v.... SLOUGH BRIDGE _. _ ._... _ i 90 ..__. .._.... 32 1 1099 -._ _ -197g ..1 .......,_ .. ..rH.. 8 j ........... . ,�...�,,.. ... .. �,e RED RIVER ,,....-,.�.,,., �..,,,._ a.- 80 ..?�...� �........... ...... 28 ... .....t .. ..,. ..,m ,.., .,., .,..-_ . �. 80 _..e.,, _ ,. .,....,_ 3 _,. .........,.,... 1997 9 SILVER CREEK 31 24 70 0 1971 11 RED RIVER 126 24 5852 5 1951 12 SCHNEIDER DITCH 19- . 19.8 220 _..n , . 99 2003 13 BARRETT CREEK 57 24 1220 3 1995 _ .. _. 14 MI M TEN LE CR 38 24 2 �€ 1025 2 1990 15 TEN MILE CR 83 40 4488 ` 3 1990 16 .... TEN MILE CR 80 28 669 3 1986 17 TEN MILE CR ___....._...... 61 24 1185 2 1953 21 TEN MILE CR 31 24 650 3 1996 22 DAKOTA CR. 31 24 190 4 I 1971 29 TERRELL CREEK _._ .-...... 31 ; _w u.... ; 32.7 1472 4 _. . . 2003 30 BERTRAND CR. 126 26 1601 4 1953 35 CALIFORNIA CR € 169 30 247 4 1976 36 DAKOTA CR. 76 24 1067 4 1954 i _._ 37 CALIFORNIA CR _. .._-- r 40 28.9 597 3 1996 38 DRAYTON HARBOR r 104 24 5082 3 - - 1950 42 1 DAKOTA CR 131 .. _. _ .. 28 273 4 1995 43 BERTRAND CR. 118 34 842 5 1995 i 44 �. BRIDGE WAY 85 16 6 99 1984 y 47 BERTRAND CREEK b ....._._._ 82 �.._ m _ _....... 34 .. 1270 6 1983 5o BERTRAND CR ...... _.m._ 1 69 __ 31 __ ... _ _,._ 2988 1 _ �...w 4 _ 1998 51 FISHTRAP CR 36 16 150 2 1988 , 53 ti RIVER ROAD 50 20.8 _.... - _. 125 99 .. ... 2004r 56 BERTRAND CREEK 83 24 9097 6 1982 81 JACKSON RD. # 62 24 791 w 4 1975 82 TERRELL CREEK 50 36.9 1735 3 _ _. 1987 86 DAKOTA CREEK 18 34 1245 3 1981 ..... _... --- _ ... ..-.w ..._.. ,.._.._, . __ .......__... .. _ ., _ �, 87 DAKOTA CREEK 53 35.8 521 4 2005 � 88 S. FORK DAKOTA� 53� 35.8 526 4 2005 CREEK 89 DAKOTA CR. 31 24 753 3 1967" 90 COUGAR CR 19 24 345 2 1993 Page 18 of 22 Q0 Bridge # Bridge Name Structure Structure Traffic (ADT) Detour Miles Year length Width Built 91 DAKOTACR TRIB 50 24 261 4 1971 92 DAKOTA CREEK 55 28.9 582 4 2000 94 COUGAR CR 18 24 129 ..................._._.._ 2 1979 99___ DRAINAGE DITCH 19 20 274 [_" 5 4- 1994 101 CALIFORNIA CR 31 24 351 3 1971 a wN. 102 CALIFORNIA CREEK 31 24 145 4 2004 105 MANLEY 19 11.8 10 6 2011 106 FRIDAY CR 76 F 24 1321 7 1956 107 LAKE SAMISH 250 24 1069 7 1963 115 HIGH BRIDGE 228 34.2 1510 19 2006 E 116 AUSTIN CREEK 82 40 5387 ____ w ..... 7 _, 2004 119 BRANNIAN CREEK 40 29 742 0 2008 120 FIR CREEK 20 r, 24 715 0 1953 121 4 ..,, ._m_ .. _.._,. DIVERSION M . 20 24 715 0 1953 CHANNEL tr 124 NP RR _ 124 28 _ " 105 5 1994 125 1 SAMISH RIVER i 72 29.9 113 3 1998 126 INNIS CREEK 40 23.5 105 3 2007 127 SOUTH FORK 276 " 28 245 99 1998 130 ZONES CR. 31 24 338 0 1973 131 MCCARTY CR..... 70 _ , _ .. 21 33$ 99 1985 132 HUDSON 15 15 5 0 1950 134 ANDERSON CR 31 .... 24 402 3 2005 137 SMITH CREEK 99 28 1050 99 1989 _._..._,. 13$ _......,, HUTCHINSON ... ..... , 31 24 301 21 2005 CREEK F 139 MOSQUITO LK 19 24 150 21 2002 140 MIDDLE FORK 423 13.2 140 21 1955 141 _.. ... PORTER CREEK 31 24 135 21 2010 142 JOHNSON CREEK 24 0 301 t 21 2004 �. _ ,......�,.. 143 ,,.,.._..d""... BLACK SLOUGH 19 24 135 99 2001 147 BLACK SLOUGH 31 19.8 77 4 1958 148 SOUTH FORK 243 14.5 750 99 2015 149 SLOUGH 76 24 636 99 1990 150 LOW WATER 24 26 194 99 1985 CROSSING 151 SIGITOWITZ CREEK s 31 24 250 0 1973 157 HUTCHINSON CR 72 29.3 322 21 2005 Page 19 of 22 295 Bridge # i Bridge Name Structure e Structure Traffic (ADT) Detour Miles Year I length Width I Built 159��. DOREN RD.z>_, 19`., €.>, 28,,.uv�,4224.,.�_ ... 3..,.1980. ......... 162 _r .._.. __ .... OLSON CR _... 19 24 1050 99, 1996 163 DAKOTA CR TRIB 31 24 813 5 1995 164 DAKOTA CR 31 24 813 5 1975 170 N. INNIS CREEK 31� F� 24 175 r 4 1999 w 172 GN RR OVERPASS 196 24 3973 1 1940 173 HAYNIE CR 38 24 783 4 1989 174 SILVER CR 19 19.8 242 99 1958 201 SWIFT CR 38 24 � 1246 — 6 — 1994 204 TEN MILE CR 38� 24 380 5 ` 1993 206 � SUMAS RIVER 69 24 270 3 1994 F „._.� �� ..� ..24 _ .... _.__ .._....... „ ......... 212 :. SAAR CR 38� 802 3 1957 d. . 233 1 r TEN MILE CR TRIB 31 24 550 .... 4 1994 _... . 234 _ TEN MILE CR 31 24 563 4 1996 __ 235 .. TEN MILE CR _...__ 38 I . 24 f .. .. 70 E 99 1994 236 TEN MILE CR 31 32 10566 5 2002 237 r ......... FOUR MILE CREEK �_._ti_ 1 37 ... 40 9336 � 6 1994 240 ; _ TEN MILE CREEK 40 29 553 3 2012 242 SAAR CREEK 104 ........... 28 133 3 2004 244 SCOTT DITCH 31 24 151 5 .............. ... ... .. 1979 245 SCOTT DITCH 77 40 8960 4 2009 248 ANDERSON CR 62 24 1316 t 4 1990 249 ANDERSON CR `� 69 ..... , _ 28.5 ... 150 4 1958 250 ANDERSON CR 31 28.5 69 0 1974 252 _,. _h..__ _ NOOKSACK RIVER 320 _. 26 y ___ . 6360 _....... _.,... 12 1961 256 ASSINK RD 31 24 185 i 4 1974 257 FISH TRAP CR 31 24 150 5 1993 _._ __ t 258 KAMM SLOUGH _. I 19 24 w _ 768 _...5 � 1998 261 1 KAMM SLOUGH 145 36 2365 4 2010 ..... 263 ........... �_.. FISH TRAP CR 38 28.5 197 4 1998 275 SQUAW CREEK 19 _ . 24 839 4 1963 277 ANDERSON CREEK 53 38 3423 _ 4 2005 284 LIND 31 ., ; _. 24 44 99 _ 1974 288 SUMAS RIVER 19 22.5 108 3 2001 290 5 SUMAS RIVER 31 24 125 3 2002 291 SUMAS RIVER 31 28.5 326 4 1987 295 JOHNSON 31 24 850 2 1975 Page 20 of 22 Q*1001� Bridge # Bridge Name i Structure - Structure Traffic (ADT) = Detour Miles Year length Width Built f 302 wJOHNSON CREEK ..53 .,. 29 234 i ,.. S. 2010 303 SUMAS RIVER i 76 24 267 4 1992 304 SUMAS RIVER 60 28.9 255 3 1993 306 SUMAS RIVER 75 28.3 267 4 1997 307 SUMAS RIVER 60 24 1032 4 1953 308 1 SUMAS RIVER 69 24 328 2 1993 �.. ..,._ 309 _ . SUMAS RIVER ........ .,...... _ 76 e.,..... ... 24 _. .. .._ ,. 436 �.., .._...._..__. 2 1992 310 SUMAS RIVER 5� 24 209 2 1956 313 SWIFT CR 19 24.2 267 4 1955 315 SUMAS RIVER 1 82 24 ...... ...... 700 4 1954 319 SUMAS RIVER 31 24 241 3 2002 322 3 SLEASMAN SLOUGH 31 19.8 131 99 1994 324 SLEASMAN SLOUGH ....... 19 _ .; .m..__ _ ..._ 24 113 5 1959 325 t SAAR CR 31 24 113 6 2005 327 SUMAS RIVER 152 24 300 4 1992 i 328 SAAR CR 31 28.2 275 6 1992 j 329 LENHART RD BR 31 20 25 99 k.1974 i �..Mm 331 _._� - ,_...._ SUMAS RIVER ------ 83 24 1062 ...._ e.. , 3 1953 ..._ _4........... . 332 NORTH FORK 210 24 1020 22 1965 } 334 CANYON CR 80 24 __. 1050 23 1958 336 SWIFT CR 82 2 4 1933 3 1952 r 337 SQUAUCUM CR 19 20 58 99 F 1996 _._ ._...._.. 346 ... _... ._ BONE CREEK .__.. .. 10 0 252 4 1946 347 JOHNSON CR 31 19.7 35 99 1975 348 DRAINAGE RELIEF r 12 23.5 252 40 2002 349 JOHNSON CR 47 _.... 26 .... ............. .. 580 �, ..w.�.�....._w 2 s 1945 406 SMITH CR 19 _. s 19.5 149 99 1995 408 SMITH CR 31 19.5 56 99 1995 ... ...... .... .. . 410 HENDRICKS CREEK 60 20 55 1 1981 411 SMITH CR 20 26 260 2 1945 413 DAKOTA CR .............. 31 _._...,.,.._. ; 24 __,.-...,._.___ 1377 ;,... ...,.,w 4 ... 2005 421 ROCKY CREEK 180 28 911 2 1956 422 SULPHUR CREEK 112 30 782 99 2010 423 SANDY CREEK 127 28 634 99 1980 494 SMITH CREEK 84 26 232 2 1946 OVERFLOW Page 21 of 22 297 Bridge # Bridge Name Structure Structure Traffic (ADT) Detour Miles ` Year length Width 3 Built i 495 ` SOUTH FORK 30 41.2 1386 4 1997 DAKOTA CREEK 497 BERTRAND CR TRIB t 21 1 26 1156 3 1950 498 DAKOTA CREEK 1 40 29 553 3 1 2006 499 DAKOTA CREEK __ ... 16 ------- 26.5 1434 -- 4 1950 TRIB S00 DAKOTA CR 335 24.5 941 2 1928 503 GOOSEBERRY '70 12 1060 99 1950 FERRY SLIP 503A FERRY SLIP APPR 158 22.2 1163 99 1950 505 SKOOKUM CR 100 24 100 99 1980 506� JOHNSON CR 72 12 25 99 1984 � S07 LUMMI ISLAND_ ��. ... 1_... 4 _... 7.060 99 1978 I FERRY SLIP 507A FERRY SLIP APPR 60 14 1163 99 1978 508 JOHNSON CREEK 53 17 25 99 1996 509 ANDERSON CREEK ( 31 21.3 40 _ 99 2007 510 _ _..._._ . ,._n GALLOP CREEK ---- 65 14 18 99 1952 .. _ _-- 511 DEEP CREEK 31 20 15 99 2000 512 NOOKSACK RIVER 246 26 11192 7 1957 513 RED RIVER 104 26 15300 7 1957 Page 22 of 22 •;9•• b IT •9011rNffib 10 F.*1 LOTJ1 RESOLUTION NO. WHATCOM COUNTY SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE YEARS 2017 THROUGH 2O22 WHEREAS, pursuant to RCW 36.81.121, Whatcom County is required to prepare and approve a Six -Year Transportation Improvement Program each year; and WHEREAS, pursuant to RCW 36.54.015, Whatcom County is required to prepare a Fourteen -Year Ferry Capital Program each year; and WHEREAS, following approval of the Six -Year Transportation Improvement Program, the law requires an annual review of the work accomplished under the program and a determination of current transportation needs; and WHEREAS, based upon the findings of the annual review, and after a public hearing, a Six -Year Transportation Improvement Program shall be approved; and WHEREAS, pursuant to RCW 36.81.121, the Six -Year Transportation Improvement Program and Fourteen -Year Ferry Capital Program must be consistent with the County comprehensive plan pursuant to RCW 36.70A; and WHEREAS, the Six -Year Transportation Improvement Program attached hereto as Exhibit "A" has been reviewed and determined to be consistent with the County's comprehensive plan; and WHEREAS, the Fourteen -Year Ferry Capital Program attached hereto as Exhibit "B" has been reviewed and determined to be consistent with the County's comprehensive plan; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council as follows: 1. That the Whatcom County Six -Year Transportation Improvement Program for the years Page 1 299 2017 through 2022, which is attached hereto as Exhibit "A", including the capital elements of the first six -years of the Fourteen -Year Ferry Capital Program, which is attached hereto as Exhibit "B", is hereby approved. 2. That the County Engineer is directed to file a copy of the same with the County Road Administration Board and the State Secretary of Transportation. APPROVED this day of 12016. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: A Dan Gibson, Chief Civil Deputy Prosecutor Page 2 Barry Buchanan, Chair of the Council 300 y HV3A/H1NOW a Z y z 313ldWOO 3lvO 00 a w y N/A 4098 MIN C K z W 3dA1 a W LL m p N = Q " 1VIN3W a w -NONIAN3 J F r O N � � N 0 F-r O N J N Q N J ~O n W N L v � S NL W � 0 z y L M 0 W W Q o W N Y N K � Q O W N Kr Q o W N J Q f O f C G !4 p 6 U Z z y 0 u d w Q xw E = gm N Oti Op0 WZ S _ `p- r W O w � Wm CO20z y N a z 1C OZLL NLL F W O W O r Z U) LL~ N y Q LL U O C z 3SVHd A9 k- v F w LL 1SOO IVU3034 J O K a w 9000 w ONnd 1VU303A LL SINVIS 3SVHd UV3AIHINOW 3SVHd 103fONd S3000 Allllln (lw) HION311V101 snivis (S)3dAl 1N3W3AOMdWl a 0 o O 0 O EU 7 O L V) CcZ Z c a O iWo O a N p Z 0 E O N LL y m 0 �' Z Q z a o Y o a y o o P: Q t0 E OU �- w w~Tia �� V t6 MO L rnm a ai a t, Nip t0 O 60 Z O a¢Ili (J O LLILL 'ON 103rOHd dill c c 0 rn O . 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MPO/RTPO Enter the name of the MPO (if located within urbanized area) or RTPO (if in the rural area). Hearing Date Enter the date of the public hearing. Adoption Date Enter the date this program was adopted by council or commission. Resolution Number Enter Legislative Authority resolution number if applicable. Amendment Date Enter the date this program was amended by council or commission. Column Number 1. Functional Classification. Enter the appropriate 2-digit code denoting the Federal Functional Classification. (Note: The Federal Functional Classification must be approved by FHWA.) 00 Rural (under 5,000 population) 01 -interstate 02 - Principal Arterial 06 - Minor Arterials 07 - Major Collector 08 - Minor Collector 09 - Local Access Description - No Classification Urban (over 5,000 population) 11 -interstate 12 - Freeways & Expressways 14 - Other Principal Arterials 16 - Minor Arterial 17 - Collector 19 - Local Access 2. Priority Numbers. R - Road Capital Construction; B - Bridge Capital Construction; F - Ferry Capital Construction; Y - Yearly Capital Construction 3. Project Identification. Enter (a) Federal Aid Number if previously assigned; (b) Bridge Number; (c) Proj.ect Title; (d) Street/Road Name or Number/Federal Route Number; (e) Beginning and Ending Termini (Mile Post or Street/Road Names); and (f) Describe the Work to be Completed. 4. Improvement Type Codes. Enter the appropriate federal code number(s). Description 01 - New construction on 07 - Resurfacing 14 - Bridge Program Special new alignment 08 - New Bridge Construction 21 - Transit Capital Project 02 - Relocation 09 - Bridge Replacement 22 - Transit Operational Project 03 - Reconstruction 10 - Bridge Rehabilitation 23 - Transit Planning 04 - Major Widening 11 - Minor Bridge Rehabilitation 24 - Transit Training/Admin 05 - Minor Widening 12 - Safety/Traffic OperationiTSM 31 - Non Capital Improvement 06 - Other Enhancements 13 - Environmentally Related 32 - Non Motor Vehicle Project 5. Funding Status. Enter the funding status for the entire project which describes the current status. S - Project is `selected' by the appropriate selection body & funding is secured. P - Project is subject to selection by an agency other than the lead and is listed for planning purposes and funding has not been determined. 6. Total Length. Enter project length to the nearest hundredth mile (or code "00" if not applicable). 7. Utility Code(s). Enter the appropriate code letter(s) for the utilities that would need to be relocated or are impacted by the construction project. C - Cable TV S - Sewer (other than agency -owned) G - Gas T - Telephone O - Other W - Water P - Power 307 Six Year Transportation Improvement Program Instructions for Completing the Form 8. Project Phase. Select the appropriate phase code of the project. PE - Preliminary Engineering, including Design (or Planning) RW - Right of Way or land acquisition CN - Construction only (or transit planning or equipment purchase) ALL - All Phases from Preliminary Engineering through Construction (Use only in Years 4, 5, & 6) 9. Phase Start Date. Enter the month/day/year (in MM/DDIYY format) that the selected phase of the project is actually expected to start. 10. Federal Fund Sources. Enter the Federal Fund Source code from the table below. FTA Discretionary for Capital Expenditures CBI - Combined Border Infrastructure 5307 - FTA Urban Areas BIA - Bureau of Indian Affairs 5309(Bus) - Bus BR - Bridge Replacement or Rehab. 5309(FG) - Fixed Guideways CBDG - Community Development 5309(NS) - New Starts Block Grant (HUD) 5310 - FTA Elderly/Disabled CMAQ - Congestion Mitigation Air Quality 5311 - FTA Rural Areas DEMO - TEA-21 Demo Projects (Selected) 5316 - FTA JARC Rural Discretionary - Ferry Boat Discretionary, Public Lands 5317 - FTA New Freedom Highway, Scenic Byways, etc. REV - Rural Economic Vitality Program DOD - Department of Defense SRTS - Safe Routes To Schools lC - Interstate Construction STP(C) - STP Statewide Competitive Program IM - Interstate Maintenance STP(E) - STP Transportation Enhancements IRR - Indian Reservation Roads STP(L) - STP Legistaltive Earmarks NHS - National Highway System STP(S) - STP Safety Including Hazard and RR 3037 - FTA Job Access/Reverse Commute STP(R) - STP Rural Regionally Selected STP(U) - STP Urban Regionally Selected STP - STP (WSDOT Use Only) 11. Federal Cost. Enter the total federal cost (in thousands) of the phase regardless of when the funds will be spent. 12. State Fund Code. Enter the appropriate code for any of the listed funds to be used on this project. CAPP - County Arterial Preservation Program PWTF - Public Works Trust Fund CHAA - Route Transfer Program RAP - Rural Arterial Program (formerly City Hardship Assistance Account) SCP - Small City Arterial Program TPP - Transportation Partnerships Program (formerly Small City Program) AIP - Urban Arterial Program SCPP - Small Cities Pavement Preservation (formerly Arterial Improvement Program FMSIB - Freight Mobility Strategic Invest. Board PSMP - Sidewalk Program WSDOT - WSDOT funds (formerly Pedestrian Safety & Mobility Program) OTHER - Any other unlisted state fund codes 13. State Funds. Enter all funds from the State Agencies (in thousands) of the phase regardless of when the funds will be spent. 14. Local Funds. Enter all the funds from Local Agencies (in thousands funds will be spent. ) of the phase regardless of when the 15. Total Funds. Enter the sum of columns 10, 12, and 14. (This will auto -total in the STIP software program.) 16-19. (Expenditure Schedule - (1st, 2nd, 3rd, 4th thru 6th years). Enter the estimated expenditures (in thousands) of dollars by year. (For Local Agency use.) 20. Environmental Data Type. Enter the type of environmental documentation that will be required for this project. Environmental determination must be completed before the Right-of-Way/Construction phase(s) can be obligated. (This is required for Federally funded projects.) EIS - Environmental Impact Statement EA - Environmental Assessment CE - Categorical Exclusion 21. RIW Certification. If Right of Way acquisition is required, enter R/W Certification Date, if known. (This is required for Federally funded projects .) 308 EXHIBIT "B" WHATCOM COUNTY 2017-2030 FOURTEEN -YEAR FERRY CAPITAL PROGRAM 309 Overview This program provides a blueprint for the effective, efficient, and continuing operation of the Whatcom County Ferry System within existing financial constraints. Capital improvements are scheduled based on many years of experience operating and maintaining the system, while complying with applicable regulations. Inevitably, priorities and available funds for the ferry system will change over the fourteen years projected in this program. Therefore, the intention of the program is to be a guide indicating long-range improvements and anticipated revenues and expenditures. Strict adherence is not required. Enacted in 1975, Revised Code of Washington (RCW) 36.54.015 states "The legislative authority of every county operating ferries shall prepare, with the advice and assistance of the county engineer, a fourteen year long range capital improvement plan embracing all major elements of the ferry system. Such plan shall include a listing of each major element of the system showing its estimated current value, its estimated replacement cost, and its amortization period." Table 1: Ferry System Current and Replacement Values — meets applicable requirements, showing the current value, replacement cost, and amortization periods for the vessels and facilities. The current value of the MN Whatcom Chief is the book value, calculated from the depreciated original construction cost and any depreciated improvements/major repairs. The facilities' current value is book value; original cost less depreciation plus depreciated improvements. RCW 36.81.121 (1) states "...the legislative authority of each county, after one or more public hearings thereon, shall prepare and adopt a comprehensive transportation program for the ensuing six calendar years....and for those counties operating ferries shall also include a separate section showing proposed capital expenditures for ferries, docks, and related facilities. Copies of the program shall be filed with the county road administration board and the secretary of transportation not more than thirty days after its adoption by the legislative authority..." Subsection (2) requires expanded information on how a county will spend all its money on the various facets of the transportation program. This RCW Section was enacted in 1961. The capital expenditure portion of Subsection (1) is satisfied by: Table 2: Projected Revenues defines the known and/or anticipated sources of operating and capital project funding for the 14-Year Plan. Table 3: Projected Expenditures includes all other expenditures on the system that meet Subsection (2) requirements. Operational expenditures are delineated -2- 310 between vessel and non -vessel costs. U.S. Coast Guard regulations currently require the ferries to be dry-docked every two years, however to extend the life, improve reliability and protect our capital investment Whatcom County schedules dry-docking every year for its vessel. The landings are inspected regularly as required by the National Bridge Inspection Standards administered through the Washington State Department of Transportation. The inspection report helps identify and schedule major maintenance and replacement of these facilities. This RCW section also provides the reporting requirement and timing of program submission, as well as establishing the annual update requirement. Additionally, the Federal Highway Administration requires all agencies within a Metropolitan Planning Organization to develop and annually update the long range Transportation Improvement Plans and their Biennial Element. Whatcom County updates this 14-Year plan each year and incorporates the results into the Six -Year Transportation Improvement Program. Major Project Analysis Gooseberry Point dock improvements include electrical system upgrades and terminal painting which are in the design and permitting stages in 2017 with construction anticipated for 2018. In 2019, preliminary plans will be developed for the replacement of the approach span and transfer span decks. Design work will continue in 2017 and 2018 for the Lummi Island dock improvements which include dolphin and breakwater replacement. Electrical system upgrades and terminal painting are in the design and permitting stages in 2017 with construction anticipated for 2018. In 2019, preliminary plans will be developed for the replacement of the approach span and transfer span decks. Major Maintenance/Reconstruction Pile, dolphin & fender work: Major pile dolphin and fender work replacement is scheduled as funding and operational periods allow. Vessel dry-docking_ US Coast Guard regulations require periodic inspections of all ferry vessels. In addition to yearly certifications, each vessel is required to be dry-docked every two years, with an underwater hull survey required as part of the annual certification between dry dockings. Whatcom County schedules dry-docking every year. The engine overhaul, vessel painting, hull repairs, and other major and minor repairs occur during dry-docking. Propulsion engine overhauls occur every third year. Generator engines are overhauled on a six -year cycle. Engines are replaced every ten to twelve years. Every three to five years, a vessel survey is conducted to assess the vessel's overall condition (last valuation was in 2014), -3- 311 establish the fair market value, estimate replacement cost, and provide a detailed hull strength assessment. This survey is used in part to determine the requirements for hull plating and framing replacement, and is also a requirement of the current insurance carrier. Minor Maintenance General minor maintenance is continual on the ferry, landings, aprons, approaches, and waiting facilities. The costs and extent of the work is unpredictable and frequently, problems must be repaired immediately upon detection. Routine maintenance such as building painting and roof cleaning is more predictable and scheduled in advance. History of the Ferry System The ferry system is the only public transportation link for the majority of Lummi Island residents and vehicles to the mainland at Gooseberry Point. In the event of an emergency ferry outage or mechanical failure, the County has contracted pedestrian only ferry services while the vessel is being repaired. Following is a brief chronology outlining the history of the Whatcom County Ferry System. YEAR EVENT 1926 Lummi Shore Road from Bellingham was completed and a ferry, the Central, owned by Whatcom County and large enough to hold six small Model-T Fords started making scheduled runs between Lummi Island and Gooseberry Point. 1929 The slightly larger Chief Kwina replaces the Central. 1950 Gooseberry Point terminal built. 1962 The MN Whatcom Chief begins service. 1978 Lummi Island terminal is relocated. 1982 New lift mechanism installed on transfer span at Lummi Island. Gooseberry Point pier refurbished 1987 Gooseberry Point Transfer span, wing walls and dolphins replaced 1997 Major refurbishment of Gooseberry point landing accomplished 2002 20-Year Plan Phase 1 Process and report completed. 2005 Major Status Report on Ferry System 2006 Lummi Island Dock preservation project (Bearing Seats Rebuild). Major corrosion repair to vessel hull. Completed design package for a 35-car replacement vessel. Completed design package for urgent electrical/structural terminal repairs. First Rate Increase in 5 years. 2008 Rate Increase 2009 Rate adjustment -4- 312 2009 Emergency wing wall replacement on Lummi Island 2010 Emergency wing wall replacement on Lummi Island 2011 Rate increase and long term lease with the Lummi Nation 2012 Planning and design for the remote control installation at Lummi Island and the wing wall replacement at Gooseberry Point. 2013 Gooseberry Point terminal wooden wingwalls replaced with modern steel - pile supported wingwalls. 2013 Lummi Island terminal transfer span and apron remote control system installed. 2014 Gooseberry Point terminal wooden dolphins replaced with modern steel - pile supported dolphins. 2015 Rate adjustment 2015 Dolphin Emergency Repair — Lummi Island Terminal -5- 313 FERRY SYSTEM CURRENT AND REPLACEMENT VALUES - 2015 M/V Whatcom Current Statistics Chief LENGTH (ft) 94 BEAM (ft) 44 DISPLACEMENT (tons) 78 YEAR BUILT 1962 CAPACITY — Passengers 100 CAPACITY -- Cars Lai] CURRENT INSURED VALUE - 2015 TOTAL CURRENT VALUE - 2015(') Replacement Statistics YEAR 2015 CAPACITY -- Passengers 100 CAPACITY — Cars 20 REPLACEMENT VALUE - 2015(2) $5,886,000 TOTAL - REPLACEMENT VALUE - 2015 FACILITIES LOCATION Lummi Island Landing Transfer Span _ Dock Dolphins/W ingwal1(3) Parking Lots Passenger Waiting/Office Subtotal - Lummi Island Landing Gooseberry Point Landing Transfer Span Dock North and South Wingwalls Dolphins/Wingwall(3) 2013, 2014 12053,205411 $1,400,000 $1,540,000 Subtotal - Gooseberry Point Landing $2,258,000 $4,656,000 TOTAL FACILITIES VALUE $3,021,000 $8,866,000 TOTAL VESSEL & FACILITIES VALUE $3,931,00011 $14,752,000 NOTES: (1) Depreciated Columbia Sentinel Engineers (2015) Value plus Depreciated Improvements (2) Appreciated Columbia Sentinel Engineers (2015) Replacement Value (3) Replace with Steel Pilings, estimation of replacement value due to recent replacement timeframe (4) Estimated using a 40-year life and straight-line depreciation (including depreciated improvements) (5) Replacement value based on cost estimates by Art Anderson Associates (2009) $5,886,0001 REPLACE CURRENT MENT BOOK REPLACEMENT YEAR BUILT YEAR VALUE(4) VALUE - 2009(5) 1982 2022 $195,000 $1,990,000 1978 2018 $23,000 $360,000 1978 2018 $485,000 $1,750,000 2005 2045 $50,000 $85,000 1978 2018 $10,000 $25,000 $763,0001 $4,210,000 1987 2027 $445,000 $2,200,000 1997 2037 $87,000 $590,000 2009, 2010 112037,2038 $326,000 $326,000 314 IM$ Lummi Island Ferry 14-Year Capital Program All $ in 000's Revenues 2017-2023 Category 2017 2018 2019 2020 2021 2022 2023 Punch Card Fares (3) $1,124 $1,149 $1,176 $1,204 $1,232 $1,261 $1,292 Cash Fares (4) 281 287 294 301 308 315 323 (Memo 55% of Operating Cost) (1) 1404 1437 1470 1505 1540 1577 1616 MVFT Deficit Subsidy 140 140 140 140 140 140 140 County Road Fund Subsidy 1172 1197 1223 1251 1279 0 1338 Total Revenues 2716 2774 2833 2895 2959 1717 3094 Total Expenditures (2) 3062 5144 2896 2948 3002 3058 3116 Net Unfunded 346 2370 63 53 43 1341 22 Lummi Island Ferry 14-Year Capital Program All $ in 000's Revenues 2024-2030 Category 2024 2025 2026 2027 2028 2029 2030 Punch Card Fares (3) $1,323 $1,356 $1,389 $1,424 $1,462 $1,496 $1,530 Cash Fares (4) 331 339 347 356 365 374 382 (Memo 55% of Operating Cost) (1) 1654 1695 1736 1780 1827 1869 1912 MVFT Deficity Subsidy 140 140 140 140 140 140 140 County Road Fund Subsidy 1369 1401 1433 1468 1506 1539 1572 Total Revenues 3162 3236 3309 3388 3473 3548 3624 Total Expenditures (2) 3174 3234 3295 3360 3425 3485 3549 Net Unfunded 12 (2) (14) (28) (48) (63) (75) Note 1: After Subtracting the MVFT Deficit Subsidy. Budgeted for 57% fare recovery based on historical Note 2: As Shown On Table 2, including capital expenditures Note 3: Equal to 80% of Fares Note 4: Equal to 20% of Fares -7- 315 Lummi Island Ferry 14-Year Capital Program All in 000's Table 2 Expenditures 2017-2023 Page 1 Category 2017 2018 2019 2020 20211 2022 2023 Operating Expenses Vessel Operations Personnel 1297 1312 1327 1342 1357 1372 1387 Fuel & Operating Supplies 684 704 726 747 770 793 817 Insurance 60 62 63 65 67 69 71 Other Operating Expenses 146 146 153 159 165 172 179 Total Vessel Operations 2187 2224 2269 2313 2359 2406 2454 Other Operations Administration 289 294 300 306 312 319 325 Parking Lots Lummi Island 10 10 11 11 11 11 11 Gooseberry Pt. 5 5 5 5 6 6 6 Docks Lummi Island 45 45 45 46 47 48 50 Gooseberry Pt. 266 266 266 267 267 268 270 Total Operating Expenses 2802 2844 2896 2948 3002 3058 3116 Capital Expenditures Major Vessel Upgrades 5 - - - - - - Gooseberry Point Docks 25 575 - - - - - Staging - - - - - - -- Parking - - - - - - - Lummi Island Docks 100 575 - - - - - Staging - - - - - - - Parking - - - - - - - Total Capital Program Costs 130 1150 0 0 0 0 0 Total Costs 3062 5144 2896 2948 3002 3058 3116 Wleq� Lummi Island Ferry 14-Year Capital Program All in 000's Table 2 Expenditures 2024-2030 Page 2 Category 2024 2025 2026 2027 2028 2029 2030 Operating Expenses Vessel Operations Personnel 1402 1417 1432 1447 1462 1477 1492 Fuel & Operating Supplies 841 866 892 919 947 975 1000 Insurance 73 76 78 80 83 85 87 Other Operating Expenses 186 194 201 209 216 222 230 Total Vessel Operations 2502 2553 2603 2655 2708 2759 2809 Other Operations Administration 332 338 345 352 359 366 373 Parking Lots Lummi Island 12 12 12 13 13 13 14 Gooseberry Pt. 6 6 6 7 7 7 8 Docks Lummi Island 51 53 54 56 58 60 62 Gooseberry Pt. 271 272 275 277 280 280 283 Total Operating Expenses 3174 3234 3295 3360 3425 3485 3549 Capital Expenditures Major Vessel Upgrades - - - - - - - Gooseberry Point Docks - - - - - - - Staging - - - - - - - Parking - - - - - - - Lummi Island Docks - - - - - - - Staging - - - - - - - Parking - Total Capital Program Costs - - - - - - - Total Costs 3174 3234 3295 3360 3425 3485 3549 -9- 317 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-242 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Gary Davis 7 �fw (`� r rE , ((C , L'm 's.:�. 7,,26,,2012 Council/Intro Division Head: Mark Personious� 8/9/16 P&D / Council Dept. Head: Sam Ryan �..- L 19 2016 Prosecutor: Royce Buckingham Isl IL WHKTCOM COUNTY PurchasingBudget: t COUNCIL Executive: Jack Louws TITLE OF D C ENT.• Specified Fittings Comprehensive Plan Amendment and Rezone Ordinance ATTACHMENTS: 1. Staff Memorandum 2. Proposed Ordinance with Attached Comprehensive Plan and Zoning Map Amendments SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X') NO SEPA review completed? ( X ) Yes ( ) NO Requested Date 'The Council must hold a hearing if they want to change the Planning Commission's recommendation JWCC2.160.100(2). SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) A proposed Comprehensive Plan Amendment to change the land use designation from Rural to Rural Community (LAMIRD per RCW 36.70A.070(5)(d)(i)), and a proposed zoning map amendment to rezone from Rural 1 dwelling unit per 5 acres (R-5A) to Rural Industrial Manufacturing (RIM) for approximately 2 acres on the north side of Smith Road about 500 feet west of Guide Meridian, located in Section 25, T.39 N., R.2 E., Assessor's Parcel 390225459079. COMMITTEE ACTION. COUNCIL ACTION: 7/26/2016: Updated 7/26/2016: Introduced 6-0, Donovan absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number: PLN2012-00006 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at. www.co.whatcom.wa.us/council. WWI WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax M CO` y s'r l.e �gSHIN0�0 Memorandum J.E. -Sam" Ryan Director TO: The Honorable Jack Louws, Whatcom County Executive The Honorable Whatcom County Council FROM: Gary Davis, AICP, Senior Planner THROUGH: Mark Personius, AICP, Assistant Director VAC DATE: July 12, 2016 SUBJECT: Specified Fittings Comprehensive Plan and Zoning Map Amendment On January 15, 2013 the County Council voted to forward for concurrent review an ordinance changing the Comprehensive Plan designation and zoning district for about two acres on Smith Road west of Guide Meridian. This property is a portion of the 12-acre industrial property, and had been excluded from the industrial zoning because the zoning boundary had been drawn to follow BPA powerlines that cross the parcel diagonally. The property owner applied to rezone the land from R-5A to RIM, and to include it within the boundary of the Comprehensive Plan "Rural Community" designation, a limited area of more intensive rural development (LAMIRD) (PLN2012-00006). Because the Smith/Guide Meridian LAMIRD was subject to a Growth Management Hearings Board order of invalidity in 2013 (GMHB Case No. 11-2-0010c), the ordinance to change the zoning and Comprehensive Plan designation could not be considered as part of the 2013, 2014, or 2015 concurrent review of the Comprehensive Plan. On February 8, 2016, after Whatcom County and petitioners in the case signed a settlement agreement, the Hearings Board issued an order finding compliance and lifting the finding of invalidity concerning the LAMIRD boundary. PDS is now forwarding the ordinance for consideration of adoption concurrent with the 2016 periodic update of the Comprehensive Plan. The draft ordinance is attached. Please contact me at extension 5931 if you have questions concerning this proposal. Attachments: Draft ordinance 319 PROPOSED BY: INTRODUCTION DATE: 7/26/2016 ORDINANCE NO. AMENDING THE COMPREHENSIVE PLAN DESIGNATION IN THE SMITH ROAD / GUIDE MERIDIAN AREA FROM RURAL TO RURAL COMMUNITY AND AMENDING THE OFFICIAL WHATCOM COUNTY ZONING MAP FROM RSA TO RIM WHEREAS, Specified Fittings, Inc. submitted an application to rezone a two - acre portion of a 12-acre parcel from Rural one dwelling per five acres (R-5A) to Rural Industrial Manufacturing (RIM) ; and WHEREAS, the Whatcom County Planning Commission held a public hearing and recommended approval on November 15, 2012; and WHEREAS, notice of the Whatcom County Planning Commission public hearing was published November 2, 2012; and WHEREAS, notice of the subject rezone and development agreement was sent to state and local agencies, and property owners within 1000 feet of the site; and WHEREAS, the Whatcom County Council has reviewed the Planning Commission recommendations; and WHEREAS, legal notice requirements have been met; and WHEREAS, the Whatcom County Council hereby adopts the following findings of fact and conclusion: FINDINGS OF FACT 1. The subject property is a two acre portion of a 12 acre parcel, and is located largely within an easement for major electrical lines. 2. The owner has applied to amend the Comprehensive Plan land use designation from Rural to Rural Community (Type I IAMIRD), and to amend the zoning from Rural, one dwelling per five acres, to Rural Industrial Manufacturing on the two -acre property. Page 1 of 4 320 3. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on November 9, 2012. 4. The proposal was posted on the County website on November 2, 2012. 5. Notice that the proposal had been posted on the County website was sent to citizen, media and other groups on the County's e-mail list on November 6, 2012. 6. Notice of the subject amendment was submitted to the Washington State Department of Commerce on October 26, 2012. 7. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on November 2, 2012. 8. Notice of the Planning Commission hearing for the subject amendment was posted on the County's website on November 2, 2012. 9. Notice of the Planning Commission hearing was mailed to owners of the subject properties and surrounding land owners within 1,000' of the subject properties on November 1, 2012. 10. Notice of the Planning Commission hearing was posted on the subject site on November 2, 2012. 11.. The Planning Commission held a public hearing on the subject amendment on November 15, 2012. 12. Pursuant to WCC 2.160.080, in order to approve the proposed comprehensive plan amendments the Planning Commission and County Council must find all of the following: a. The amendment conforms to the requirements of the Growth Management Act, is internally consistent with the county -wide planning policies and is consistent with any interlocal planning agreements. b. Further studies made or accepted by the Department of Planning and Development Services indicate changed conditions that show need for the amendment. Page 2 of 4 321 c. The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: i. The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the comprehensive plan. ii. The anticipated effect on the ability of the county and/or other service providers, such as cities, schools, water and/or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities. iii. Anticipated impact upon designated agricultural, forest and mineral resource lands. d. The amendment does not include or facilitate spot zoning. e. Urban growth area amendments that propose the expansion of an urban growth area boundary are required to acquire development rights from a designated TDR sending area, with certain exceptions. 13. A January 9, 2012 Growth Management Hearings Board order found the boundary of the Smith / Guide Meridian Rural Community (Type I LAMIRD) to be noncompliant with GMA and invalid (Case No. 11-2-0010c). Subsequent to a settlement agreement between Whatcom County and petitioners in the Hearings Board case, the Board issued an order finding compliance on February 8, 2016, which included the Smith / Guide Meridian LAMIRD boundary. CONCLUSIONS 1. Because of the size of the subject parcel and its location within a power line easement, it is largely unusable as residential land. 2. The subject Comprehensive Plan amendment complies with the Growth Management Act and the approval criteria of WCC 2.160.080. 3. The subject zoning map amendment is consistent with the Whatcom County Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Map 2.1 of the Whatcom County Comprehensive Plan is hereby amended as shown in Exhibit 1. Page 3 of 4 322 Section 2. The Official Whatcom County Zoning Map is hereby amended as shown in Exhibit 2. Section 3. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this ATTEST: day of Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair ( ) Approved( ) Denied Jack Louws, Executive Date: Page 4 of 4 323 Exhibit 1 File #: PLN2012-00006 Proposed Comprehensive Plan Land Use Changes Proposed designation change = Existing Comprehensive Plan Boundary 0 Proposed CP Designation - RURAL COMMUNITY (not in parentheses) 1 Existing CP Designation - (RURAL) USE DF WNATCOM COUNTY'S GIS DATA IMPLIES THE USER'S AGREEMENT WITH THE FOLLOWING STATEMENT: WhId am County dleolalms any wo-o y at meochantebilNy, or —My of It of INS map for any padlcolar purpose, either express or Implied. Noreple6eMalon 01 worramy Is made wnm,nlnU the Oew, cy,-1—Y camplelenen or queitty 01 datedeplHed an tha map. Any user Of this nap 66sdm06211 reep0a61blllty for "So tharool, obd further agrees to hold WhotoOm Ceuidq harmlon from atel agairm soy dema¢, loss, or liability 01161en here aey b. Of Ihla ma0. 165 330 660 990 PP rOM a CoZ s, Hr�^o; �'s servt�°y 1,320 = Feet October 26, 2012 by gId 324 File #: PLN2012-00006 Proposed Rezoning == Existing Zoning Boundary ® Proposed Rezone Area Proposed Zoning - RIM (not in parentheses) Existing Zoning - (R5A) USE GE WHATCOM COUNTY'S GIS DATA IMPLIES THE USER'S AGRFEMENT WITH THE FOLLOWING STATEMENT: 1NF ORMATxO O�G sus WhMoam CoumydlsolBimt any warranty of meahamahilHy or Warranty UPpFPjGpM (y�y1� Z0�2 ryT`je of Illness of this map for any particular purpose, after express or Impilgd. No repr¢sentallonorwartaMVlBmaAerAnoeminGlheasWr- m � ace, currency, Paapletenscs arquellfydtlala deplolod to this map. aWhalsomlCo7 �.1V urlherap eesita holtlso halrmleasolmmearm apminm any stamps. Ins, or 110111h arlsom from any Use oT This ato. ors serv1� 0 165 330 660 990 1,320 Feet October 9, 2012 by gld 325 WHATCOM COUNTY COUNCIL AGENDA BILL No. 2016-192 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: GSS 5118116 5131116 Introduction Gary Sto ka l Division Head: GSS 5118116 6114116 Public Hearing Gar Stoyka !�'� MAY 24 2016 Dept. Head: Jon Hutchings ` % / t /, 7/26/2016 SCOT41 /Council Prosecutor: Dan Gibson j k I i�a pp'' WHATCOM COUNTY 8/9/2016 SCOTW / Council Purchasing/Budget: Brad Bennett A COUNCIL Executive: q Jack Louws TITLE OF DOC Resolution relating*,atcom County Coordinated Water System Plan 2016 update. ATTACHMENTS. Cover Memorandum Resolution Whatcom County Coordinated Water System Plan — Executive Summary SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: 6/14/16 SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The Water Utility Coordinating Committee, composed of water purveyor and government representatives, approved the Coordinated Water System Plan (CWSP) on April 20, 2016. RCW 70.116.050(4) and (7) require the County Council to hold a public hearing to "insure that the plan is not inconsistent with land use plans, shoreline master programs and/or development policies" of the County. Following acceptance of the plan by the County Council, the CWSP will be submitted to the Washington Department of Healthfor approval per RCW 70.116.060. COMMITTEE ACTION: COUNCIL ACTION. 7/26/2016: Forwarded to Council for approval 5/31/2016 Introduced 6/14/2016: Held in Council 7/26/2016: Held in Council 4-2, Weimer and Buchanan opposed, Donovan absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. 326 WHATCOM COUNTY Gary S. Stoyka PUBLIC WORKS DEPARTMENT P�� _M CO Natural Resources Program Manager Jon Hutchings �ti� ADMINISTRATION Director,.: CIVIC CENTER ANNEX 322 N. Commercial Street, Suite 210 Bellingham, WA 98225 �9Sy�N�,t0 Phone # (360) 778-6218 Fax # (360) 778-6231 www.comhatcom.wa.us TO: The Honorable Jack Louws, County Executive Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Director* �i FROM: Gary S. Stoyka, Natural Resources Program Managersi` RE: Resolution Accepting the Coordinated Water System Plan 2016 Update DATE: May 16, 2016 Requested Action Enclosed is one original of a resolution to accept the Whatcom County Coordinated Water System Plan (CWSP) 2016 update and find the Plan to be not inconsistent with land use plans, shoreline master programs and/or development policies of the County. Public Works staff requests that Council approve this resolution. Background and Purpose The County Council commenced an update of the current 2000 Whatcom County Coordinated Water System Plan (CWSP) on September 30, 2014 by adoption of Resolution 2014-045. A CWSP is a plan for public water systems within a defined area that identifies the present and future needs of the systems and sets forth means of meeting those needs in the most efficient manner possible. The County Council established the planning area, called the Critical Water Supply Service Area (CWSSA), for the original CWSP effort in 1993, and retained the same area for the 2000 update, as well as for this update. The CWSSA includes all of Whatcom County west of the Mount Baker- Snoqualmie National Forest Boundary excluding certain portions of the Lummi and Nooksack Indian reservations. This CWSP update was prepared under the direction of the Water Utility Coordinating Committee (WUCC). Per RCW 70.116.040, the WUCC included representatives of all individual water utilities located in the CWSSA with more than 50 connections that chose to participate, as well as representatives of the Washington State Department of Health (DOH), Whatcom County Health Department (WCHD), Whatcom County Planning & Development Services (PDS), Whatcom County Public Works (WCPW), and the Whatcom County Council. In addition, all water systems in the CWSSA and the Lummi Nation and Nooksack tribes were invited to participate on the WUCC as non -voting members. WUCC meetings were held from late 2014 through early 2016 to review the existing 2000 CWSP update, provide recommended changes that reflect the needs of the current water system community in the county, and provide guidance for the future. These actions were conducted with the primary objective of supporting the public drinking water supply needs of the County and achieving coordination between water services, the Growth Management Act (GMA), and the update of Whatcom County's Comprehensive Plan. This CWSP represents the collective views of the WUCC and integrates the documented views of other state and local governments. This document is officially known as the "Regional Supplement," 327 and it and the approved individual water system plans (WSPs) comprise the CWSP. When integrated with the County's Comprehensive Plan, the CWSP presents a significant piece of the larger resource and growth management strategy for the County's future. The WUCC unanimously approved the Whatcom County CWSP on April 20, 2016. The Planning and Development Services (PDS) Department subsequently conducted a State Environmental Policy Act (SEPA) and consistency review. PDS issued a determination of non -significance (DNS) and determined that the CWSP was not inconsistent with land use plans, shoreline master programs, and/or development policies of the County. Please contact Gary Stoyka at extension 6218, if you have any questions or concerns regarding this resolution. Encl. 328 PROPOSED BY: Public works INTRODUCED: 5/31/2016 RESOLUTION NO RELATING TO THE WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN UPDATE WHEREAS, State law (RCW 70.116.050(4) and (7)) requires the County Council to review the Coordinated Water System Plan and insure that it is "not inconsistent with the land use plans, shoreline master programs, and/or development policies" of the County and consider other factors; and WHEREAS, the Water Utility Coordinating Committee, consisting of water purveyor and County government representatives, finalized the Coordinated Water System Plan Update in April of 2016 in accordance with RCW 70.116.050(2); and WHEREAS, a determination of non -significance was issued pursuant to the State Environmental Policy Act; and WHEREAS, the County Council held a public hearing and acted on the Coordinated Water System Plan within 60 days of receiving it, as required by RCW 70.116.050(7); NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby determines that the Coordinated Water System Plan Update is not inconsistent with the Whatcom County Comprehensive Plan and development regulations and satisfies RCW 70.116.050, subject to the following conditions: 1) Outside of Urban Growth Areas, as designated on the Whatcom County Comprehensive Plan map, City water service shall be provided consistent with planned densities as set forth in the Whatcom County Comprehensive Plan and Official Whatcom County Zoning Ordinance (Title 20). Page 1 329 2) A City's designation of a water service area that extends outside of an Urban Growth Area shall not be utilized as justification for later expanding the Urban Growth Area. APPROVED this ATTEST: day of , 2016. Dana Brown -Davis, Clerk of the Council Daniel L. Gibson, Civil Deputy Prosecutor Page 2 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 330 WHATCOM COUNTY PLANNING & DEVELOPMENT SERVICES 2016 Coordinated Water System Plan Consistency Review Contents I. Background Information....................................................................................................................... 2 II. Analysis of the Proposed Amendment................................................................................................. 2 (A) Ensure that the CWSP is not inconsistent with the land use plans, shoreline master programs, and/or development policies of the general purpose local government or governments whose jurisdiction the water system plan affects............................................................................................... 2 Issue #1— City Water Service Areas Extending Outside of Urban Growth Areas ................................ 2 Issue #2 — City Service Areas That Don't Include Portions of the Urban Growth Area ........................ 6 Issue #3 — Population Projections........................................................................................................ 6 Issue #4 — Utility Policies in the Comprehensive Plan.......................................................................... 7 Issue #5 — Coordination with Zoning.................................................................................................... 8 Issue #6 — Coordination with Land Division Regulations...................................................................... 9 Issue #7 — Coordination with Shoreline Management Program.......................................................... 9 (B) Recognize all water resource plans, water quality plans, and water pollution control plans which have been adopted by units of local, regional, and state government ......................................... 9 (C) Incorporate the fire protection standards developed pursuant to RCW 70.116.080.................. 9 (D) Identify the future service area boundaries of the public water system or systems included in the plan within the critical water supply service area........................................................................... 10 (E) Identify feasible emergency interties between adjacent purveyors .......................................... 10 (F) Include satellite system management requirements consistent with RCW 70.116.134........... 10 (G) Include policies and procedures that generally address failing water systems for which counties may become responsible under RCW 43.70.195..................................................................... 11 III. Recommendation........................................................................................................................... 12 331 Whatcom County Planning & Development Services 2016 Coordinated Water System Plan Consistency Review Subject: Coordinated Water System Plan (CWSP) Update 2016 Summary of Request: County Council review to insure that the CWSP is not inconsistent with the Whatcom County Comprehensive Plan and development regulations and satisfies RCW 70.116.050. State Environmental Policy Act (SEPA) compliance: The SEPA Official for Whatcom County issued a determination of non -significance on May 12, 2016. County Council Timeframe: Pursuant to RCW 70.116.050(7), the County Council is to take action on a CWSP within 60 days of receiving it. The Whatcom County Council passed Resolution Nos. 90-73 and 91-075 in the early 1990s, declaring the port,on of V V 11 111 County VV- of the National 1 orest, :v-nth the exception of cer taro tribal lands, to be a "critical water supply area" under RCW 70.116. This declaration committed water purveyors with more than 50 connections and County government representatives (collectively known as the "Water Utility Coordinating Committee") to prepare a Coordinated Water System Plan. Specifically, Resolution No. 90-73 indicates that this CWSP would include "establishment of service boundaries, interconnections, conservation measures, and other provisions regarding the efficient provision of water to meet present and future needs by public and private utilities." The Water Utility Coordinating Committee met between November 5, 2014 and April 20, 2016 in a process to update the CWSP. They gave final approval of the CWSP on April 20, 2016. The CWSP has gone through SEPA review and the County Council must find that the CWSP is not inconsistent with County land use plans, and consider several other factors, prior to sending the CWSP to State DOH for final approval. Specifically, the factors that are to be considered in evaluating a proposed CWSP are set forth in RCW 70.116.050(4) and (7). These factors are addressed below. (A) Ensure that the CWSP is not inconsistent with the land use plans, shoreline master programs, and/or development policies of the general purpose local government or governments whose jurisdiction the water system plan affects. Staff has reviewed the CWSP and finds that it is not inconsistent with the Whatcom County Comprehensive Plan and development regulations. Specific land use planning issues are highlighted below. Issue #1— City Water Service Areas Extending Outside of Urban Growth Areas Clearly, urban levels of water service should not be extended outside of UGAs, as evidenced by: 332 Whatcom County Planning & Development Services 2016 Coordinated Water System Plan Consistency Review The Countywide Planning Policies (CWPP) Policy F-6 Unless specifically provided for by state statues, Cities, other municipal corporations, and other public and private utilities shall not extend urban levels of water service to serve urban uses outside Urban Growth Areas. If legally allowed water extensions are made outside of Urban Growth Areas, the maximum number of connections shall not exceed the density allowed under the associated zoning. The number of connections shall be specified in a legally binding document at the time the extension is approved. Property contiguous to extension of utilities necessary to solve existing water deficiencies, but which cannot benefit from them because of zoning constraints, shall not be assessed for those improvements. (Whatcom County Comprehensive Plan, Appendix C, p. C-7) Policy F-7: The availability of pipeline capacity required to meet local needs and/or supply shall not be used to justify development counter to the county -wide land development pattern and shall not be considered in conversions of agricultural land, forestry, and rural areas (Whatcom County Comprehensive Plan Appendix C, p. C-7). The Whatcom County Comprehensive Plan ... Outside of Urban Growth Areas, cities and other public and private utilities may extend water only at rural levels of service. If rural levels of service are extended, availability of pipeline capacity to meet local supply needs shall not be used to justify development counter to Countywide land development patterns and shall not be considered in conversions of agriculture land, forestry, or rural lands ... (p. 5-3). Policy 2Q-1: Ensure that service providers do not extend sewer or urban levels of water service to serve areas outside urban growth areas except when necessary to protect basic public health and safety and the environment and when such services are financially supportable at zoned densities and do not permit urban development. Policy 5P-3: Discourage extension of urban levels of water service to areas not designated as urban growth areas or Rural Communities, except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development. Policy 2N-4: Ensure that cities or other service providers do not extend sewer or urban levels of water service to serve areas outside urban growth areas except when necessary to protect basic public health and safety and the environment and when such services are financially supportable at zoned densities and do not permit urban development. (p. 2-25) As in the previous CWSP, the water service areas of three cities (Bellingham, Ferndale, and Sumas) extend outside of the Urban Growth Areas designated in the Whatcom County Comprehensive Plan. However, the below prior explanations of why, and their service intent, still pertain. 3 333 Whatcom County Planning & Development Services 2016 Coordinated Water System Plan Consistency Review Bellingham —The City of Bellingham's service area extends outside of the Urban Growth Area in four places: • Chuckanut Dr.; • Mt. Baker Highway; • Aldrich Rd. west of Cordata; and • In the Curtis Rd. area, northwest of the Airport. In an e-mail memo of 3/20/00, the Bellingham's Superintendent of Utilities, Tony Seman, indicated that these places are included in their service area, even though they are outside of the Urban Growth Area, for the following reasons: 1. We have had a water main to Larrabee state park since 1938. 2. Mt. Baker Highway water main was installed (1958), owned and maintained by the VanWyck Water Association up until 1993, when the association requested the city to take over the ownership and maintenance. They have always been supplied with City water through a master meter until the takeover when the master meter was removed. 3. Aldrich Road —Was Twin Lakes Water Association until 1982 when the master meter for the association was removed and became part of the City's direct service. 4. Curtis Road main installed 1973 (also location of Foster reservoir) — provided service to Water District #2... Additionally, Mr. Seman's 3/20/00 e-mail stated: The City has no intent on increasing service potential above the current Whatcom County zoning designations for each area. The Public Works Department has been active in ensuring that as water service requests are received, we only sell services that are consistent with County zoning and that are inside the current City water service zone. Many owners have asked for service outside those areas and we have denied their requests on a continual basis... Three of the four service areas outside Bellingham's Urban Growth Area pre -date adoption or the Growth Management Act in 1990, and all four pre -date adoption of final Urban Growth Area boundaries in 1997. These factors, along with the City's commitment to serve these properties at current zoning densities, alleviate concerns that the service area designations are inconsistent with the Whatcom County Comprehensive Plan. Ferndale — The City of Ferndale's water service area extends outside of the Urban Growth Area in five places: e Douglas Rd./Olson Rd./Thornton Rd. • Imhof Rd. • Gadwa Rd./Kaas Rd./Trigg Rd. • Northwest Dr./ W. Smith Rd. • Brown Rd./Aldergrove Rd. 4 334 Whatcom County Planning & Development Services 2016 Coordinated Water System Plan Consistency Review In a personal communication dated 6/7/16, the City of Ferndale's Superintendent of Utilities, Mike Olinger, indicated that this City is in the process of updating its Water System Plan and service areas which will bring the service area boundaries within city limits or the UGA boundary except: • Brown Rd./Aldergrove Rd. • Douglas Rd./Olson Rd./Thornton Rd. • Graveline Road and Slater Road east of Interstate-5 Although outside of the UGA, all of these areas are within Ferndale's UGA reserve. In addition, there are the following areas: • Northwest Dr./ W. Smith Rd. • W. Axton Rd./Ten Mile Creek area These areas have historically been served by the City of Ferndale since before the GMA was enacted. The City will continue to serve these areas but will not accept new connections except when dealing with a public health emergency. The City has connected one home in this area due to a declared public health emergency. Sumas —The City of Sumas' water service area extends outside of the Urban Growth Area east of the city, into designated Agricultural lands. In a letter of March 27, 2000, Sumas City Administrator David Davidson addresses this issue by stating: The water service area identified in the City's "Declaration," as filed recently in conjunction with the CWSP process, contains two swathes of land not included within the Sumas UGA. They are an area immediately east of Heron Lane and a triangular area north of Rock Road and east of the Sumas River. They are included in the service area because residents in those areas have been receiving water service from the City for at least a decade. Service was initiated to those properties simply because each was on the City's side of the master meters separating our service area from that of the Sumas Rural Water Association. The City will continue to provide service in those areas consistent with the County's zoning code — i.e., if the County issues a building permit, the City will provide water. There is a difference between the Sumas UGA legally established by County ordinance and the UGA identified in the City's Comprehensive Plan. Our plan, as well as our declared service area, includes a 40-acre area south of Rock Road and west of the Sumas-Kendall Road, as well as an irregular pocket extending in from Heron Land immediately south of Johnson Creek. The City has included these areas in its future service area because they are included in the City's desired UGA. In each case the City now provides water to some or all of the residents in the area. However, the City has no intention of using the water service area declaration as a means of justifying future inclusion of those areas within the UGA established by the County. At the next Countywide UGA update, Sumas does intend to argue for inclusion of those areas, but not on the basis of the existing water service. 335 Whatcom County Planning & Development Services 2016 Coordinated Water System Plan Consistency Review RCW 57.16.140 states that "The construction of or existence of sewer capacity or water supply in excess of the needs of the density allowed by zoning shall not be grounds for any legal challenge to any zoning decision by the county." Cities, water districts and associations have historically provided service to development in rural areas of Whatcom County (although in this day of growth management planning, city water service areas should closely resemble Urban Growth Area boundaries). The cities of Bellingham, Ferndale, and Sumas provide water service outside their Urban Growth Areas. These services should continue to be provided at rural densities. Additionally, existence of water service should not be not be used as justification for expanding Urban Growth Area boundaries and rezoning rural or agricultural properties to higher densities. Therefore, the resolution addressing consistency between the CWSP and the County's Comprehensive Plan should contain two conditions: 1) Outside of Urban Growth Areas, as designated on the Whatcom County Comprehensive Plan map, City water service shall be provided consistent with planned densities as set forth in the Whatcom County Comprehensive Plan and Official Whatcom County Zoning Ordinance (Title 20). 2) A City's designation of a water service area that extends outside of an Urban Growth Area shall not be utilized as justification for later expanding the Urban Growth Area. Issue #2 — City Service Areas That Don't Include Portions of the Urban Growth Area Under the existing policies, cities are to have plans to provide urban levels of service to their UGAs once annexed. CWPP D-3: Cities shall develop a plan to provide urban level water and sewer services within their Urban Growth Areas. This plan should be developed in cooperation with existing water purveyors and other municipal corporations providing water or sewer services within each city's Urban Area..." The Whatcom County Comprehensive Plan contains the following: Policy 5Q-2: Ensure provision of urban levels of water service to urban growth within areas designated for urban growth. It appears that all areas of UGAs are contained within the cities' service areas. Issue #3 — Population Projections The Whatcom County Comprehensive Plan provides official population projections for the 20-year planning period (2016-2036). It projects that there will be 275,668 people living in Whatcom County in 2036 (p. 1-10). Approximately 205,800 of these people would live in cities (including their Urban Growth Areas) and the remaining 69,650 people would live in the rural areas of the County. This population growth projected in the Whatcom County Comprehensive Plan represents a 1.3% average annual increase over the 20-year planning period (2016-2036). The CWSP uses the 20-year population projections established in the Whatcom County Comprehensive Plan. While the CWSP projects population to the year 2066, it assumes that the Comprehensive Plan projections for the year 2036 will be correct, including the distribution among urban and rural areas. 336 Whatcom County Planning & Development Services 2016 Coordinated Water System Plan Consistency Review Therefore, the CWSP is wholly consistent with the Whatcom County Comprehensive Plan's population projections. Issue #4 — Utility Policies in the Comprehensive Plan Whatcom County Comprehensive Plan policies relating to utilities are found in chapter 5. Goals and policies that govern the provision of water include: Goal 5Q: Work with water purveyors to provide service to all existing and designated urban growth or industrial areas. Policy 5Q-1: Work with the appropriate jurisdictions to ensure adequate water rights and supplies to the Urban Growth Areas and designated industrial areas in northwest Whatcom County. Consider all options, including but not limited to, extension of water service areas, conjunctive management of surface and groundwater, artificial storage, and recovery and reclamation of wastewater to the UGAs and designated industrial areas in northwest Whatcom County. Staff Comment: The County works with the appropriate jurisdictions to ensure adequate water rights and supplies to the UGAs and designated industrial areas in northwest Whatcom County through the development of the CWSP. Additionally, staff works with the various purveyors when they are developing their individual service plans. Policy 5Q-2: Ensure provision of urban levels of water service to urban growth within areas designated for urban growth. Staff Comment: This policy is enacted through the Comprehensive Plan UGA review and evaluation process conducted by PDS, wherein the County ensures through preparation of the 20- Year Capital Facilities Plan (CFP) that all areas designated for urban growth are contained within one of the providers' service areas and that those service area plans provide for the provision of water at urban service levels. Policy 5Q-3: Periodically review Urban Growth Areas to ensure adequate water supplies. Staff Comment: By law, the County reviews its Urban Growth Area boundaries at least every 8 years to ensure, among other things, that there are adequate water supplies to serve the area(s). Policy 5Q-4: Encourage annexation of areas zoned for urban densities concurrent with extension of urban level services. Staff Comment: The County has long encouraged cities to annex areas of their UGAs concurrent with the extension of urban level services. Additionally, most cities have policies in place that do the same. Policy 5Q-5: The County should work closely with purveyors and the State Department of Health in the development and review of Comprehensive Water Plans to ensure consistency with land use and urban growth area needs. 0 337 Whatcom County Planning & Development Services 2016 Coordinated Water System Plan Consistency Review Staff Comment: The Water Utility Coordinating Committee, which is composed of representatives of water purveyors that have 50 or more connections, and County representatives worked collaboratively to develop the CWSP. Additionally, State Department of Health representatives participated in the meetings during development of the CWSP. Policy 5Q-6 The County will work with the Department of Ecology, City of Bellingham, the Port of Bellingham, the PUD, and local, regional, and state economic development agencies to ensure an adequate water supply to areas planned for industrial development. Staff Comment: The County works with the appropriate jurisdictions to ensure adequate water supplies to designated industrial areas through the development of the Comprehensive Plan UGA review and evaluation process.. Goal 5R: Ensure that potable water supplies required to serve development are available at the time the development is available for occupancy and use. Staff Comment: There are two components to the CWSP: The "supplemental provisions," which are included in the document currently under review, and Water System Plans submitted by individual purveyors (see RCW 70.116.030 and CWSP, p. 1-5). These Water System Plans are the primary documents that the individual purveyors use to plan for water needs of development within their service area. Additionally, the CWSP "supplemental provisions" establish a procedure for obtaining water if the designated purveyor is not able to provide service in a timely and reasonable fashion. Policy 511-1: Building permit applicants, new subdivisions, short plats, and binding site plans will be required to provide evidence that adequate and legal (in consultation with the Department of Ecology) supplies of water are available prior to their approval by the County. Staff Comment: The CWSP indicates that the "utility service review procedure," which is intended to identify an existing water purveyor willing and able to provide water, applies to subdivisions, binding site plans, and building permits. While the actual requirement to provide proof of water supply for a subdivision or permit is contained in other statutes, the CWSP guides applicants in the process for obtaining an acceptable water supply. Policy 511-2: Work with purveyors to assist them in modifying their systems as required to support the land use element of the comprehensive plan. Staff Comment: The County reviews Water System Plans of individual purveyors for consistency with land use plans and is willing to assist if conflicts are identified. Issue #5 — Coordination with Zoning The CWSP's "utility service review procedure" sets up a process to obtain water for land use activities that conform to the "local zoning ordinance" (CWSP, p. 6-4). However, the CWSP also recognizes that rezone applications are submitted from time to time. In these cases, water purveyors are given the opportunity to comment on the rezone request (CWSP, p. 6-9). Additionally, fire flow standards in the N 338 Whatcom County Planning & Development Services 2016 Coordinated Water System Plan Consistency Review CWSP have been coordinated with zoning designations (CWSP, p. 1-2 and 5-13). Finally, water system plans that are periodically submitted by individual purveyors are reviewed in light of the zoning densities allowed within the purveyor's service area. Issue #6 — Coordination with Land Division Regulations Since the last CWSP, Whatcom County amended its land division regulations to provide a uniform set of criteria for determining whether a public water supply would be required in long and short plats. The CWSP sets up a process for identifying a public water purveyor who is willing and able to provide public water service, should the land division regulations require such a public water supply (CWSP, pp. 6-4 to 6-9). If existing purveyors are unwilling or unable to provide service, a new public water system may be created (CWSP, p. 6-8). Issue #7 — Coordination with Shoreline Management Program Section 23.100.180.10.12 of the Whatcom County Shoreline Management Program contains the following policies relating to water systems: (a) Only those components of public water systems which are shoreline dependent should be located on shorelines, unless alternatives are infeasible. (b) Private and public intake facilities and wells on shorelines should be located where there will be no adverse effects upon natural features and other users. Staff has not identified any components of the CWSP that conflict with these policies. (B) Recognize all water resource plans, water quality plans, and water pollution control plans which have been adopted by units of local, regional, and state government. Within Whatcom County there are a number of water plans that have been adopted or are under development. These include plans related to wellhead protection areas, surface water source protection, shellfish districts, watershed planning under RCW 90.82, Lake Whatcom, stormwater, marine resources, and salmon recovery. The Coordinated Water System Plan has been and will be integrated and coordinated with these plans. (C) Incorporate the fire protection standards developed pursuant to RCW 70.116.080. RCW 70.116.080 indicates that the State Department of Health has the responsibility of developing fire protection standards for new and expanding public water systems. These standards are embodied in WAC 246-293-601 through 690. According to WAC 246-293-670, alternative methods may be utilized if approved by the local fire protection authority and the State Department of Health. The Whatcom County Fire Marshal was involved in the process of developing the fire protection standards in the CWSP and officially approved these standards. The CWSP will proceed to the State Department of Health for its approval after the County Council concludes its review. 667 339 Whatcom County Planning & Development Services 2016 Coordinated Water System Plan Consistency Review (D) Identify the future service area boundaries of the public water system or systems included in the plan within the critical water supply service area. A service area map for all Group A water systems (generally defined as those serving 15 or more connections) that responded to the County's request for information has been included in the CWSP. The current map includes 169 of the approximately 186 Group A system in the county. Additionally, 92 Group B systems —generally defined as those systems service less than 15 connections —that are expanding were mapped. Some of the water purveyor's service area boundaries overlap. The County Health Department plans to contact additional purveyors that have not yet declared their service area boundaries so that the map can be periodically updated and contact purveyors with overlapping boundaries in an attempt to eliminate or reduce such overlaps. (E) Identify feasible emergency interties between adjacent purveyors. Interties are addressed in section 8.6.2 of the CWSP, which states: An intertie is an interconnection between public water systems, which permits the exchange or delivery of water between the systems. An intertie can be for emergency or seasonal use, for use during repairs or facility maintenance only or used on a continual basis. Interties are recognized as valuable management tools for public water systems because they improve overall system reliability, enhance the manageability of the system, provide opportunities for conjunctive use, or delay the need to develop new water sources... (CWSP, p. 8-21) Existing interties for expanding Group A water systems are listed in Table 8-6 of the CWSP. Additionally, Water System Plans for individual water purveyors (which are part of the CWSP) include a section on interties (WAC 246-290-100(4)). (F) Include satellite system management requirements consistent with RCW 70.116.134. Satellite management is addressed in section 6 of the CWSP. This section states: Prior to 1991, the term SMA (Satellite Management Agency) was applied loosely to those water utilities that provided service to remote systems. In 1991, the legislature modified the Public Water System Coordination Act rules to establish criteria for designating entities approved as SMAs. The current definition of a SMA is: A person or entity that is approved by DON to own or operate more than one public water system on an area wide -basis, without the necessity for a physical connection between such water systems. Currently, the laws and policies relating to the provision of satellite management services are embodied in legislation passed in 1995... which required all new public water systems to be owned or managed and operated by an "approved" SMA, where one was available... (p. 6-11). RCW 70.116.134 contains two basic requirements for the County relating to Satellite Management Agencies (SMAs): 10 340 Whatcom County Planning & Development Services 2016 Coordinated Water System Plan Consistency Review • Identifying potential satellite management agencies where no purveyor has designated a future service area and where the existing purveyor is unable or unwilling to provide service. • Prior to construction of a new public water system, the County must direct the proponent to a SMA to explore the possibility of the SMA either owning or operating the new water system. Regarding the first issue, Section 6.4.7 of the CWSP lists the approved SMAs (p. 6-12). This list could expand in the future if additional SMAs are approved. The second issue is addressed in Section 6.4.6 of the CWSP, which indicates that when an applicant cannot obtain water from an existing purveyor, he will be referred to a SMA prior to being allowed to create a new water system. If a SMA is not available, then a new water system may be created (pp. 6-11 and 6-12). (G) Include policies and procedures that generally address failing water systems for which counties may become responsible under RCW 43.70.195. Failing water systems are addressed in section 7 of the CWSP. This section states: RCW 43.70.195 provides that whenever an action is brought by the Secretary of Health or a local health officer to place a public water system in receivership, the petition shall include the names of one or more suitable candidates for receiver who have consented to assume operation of the water system. If there is no other person or entity willing and able to be named a receiver, the court shall appoint the county in which the water system is located as receiver. Existing utilities have accepted the lead responsibility for providing public water supply within their designated service areas through the establishment of service area boundaries in the Coordinated Water System Plan (CWSP) and the review process described above. Therefore, these utilities should be considered the primary candidate as receiver for a failing system within or adjacent to their system. A logical extension of this responsibility is for the designated utilities to assist in correcting problems of failing systems within the boundaries of their service areas and ultimately accept ownership of the failing system following the designated system's upgrade to standards. Designated satellite management agencies (SMAs) are candidates named as the receivers of failing systems outside all other designated service areas and within designated service areas where suitable candidates are not otherwise available. Group A — Community systems with 100 or more permanent connections, and all expanding public water systems that intend to have 100 or more permanent connections, will be considered candidates to assume the receivership role described in RCW 43.70.195 for failing systems within their designated service area. The Secretary of Health or Whatcom County Health Officer will advise the court of the name of one or more suitable candidates for receiver who have consented to assume operation of the water system in any future petition for receivership. As stated above, if no other entity is willing or able to be the receiver, the court shall designate the county as the receiver of last resort. If Whatcom County is named the receiver, RCW 11 341 Whatcom County Planning & Development Services 2016 Coordinated Water System Plan Consistency Review 36.94.150 allows the County to lien the owner's real property and foreclose against such property within 60 days of delinquency should the owner fail to pay rates and charges. Additionally, all of the County's costs for administrating the receivership, including staff time (salary and benefits), are billable directly to the system owners as receivership administrative expenses (RCW 7.60.060). (pp. 7-1 and 7-2) Based upon the above analysis, Planning and Development Services recommends that the County Council approve the resolution relating to the Coordinated Water System Plan so that it can be sent to the State Department of Health for final approval. 12 342 • r Whatcom County Coordinated Water System Plan Update May 2016 Prepared For: Whatcom County Council Barbara Brenner Rud Browne Barry Buchanan, Council Chair Todd Donovan Ken Mann Satpal Sidhu Carl Weimer Jack Louws, County Executive Patrick Sorensen, Chair Water Utility Coordinating Committee Larry Helm, Vice -Chair Water Utility Coordinating Committee Prepared By: RH2 Engineering, Inc. 22722 29th Drive SE, Suite 210 Bothell, WA 98021 800-720-8052 425-951-5400 ;097 THIS PAGE INTENTIONALLY LEFT BLANK �ml Certificate of Engineer Whatcom County Coordinated Water System Plan Update 2016 The material and data contained in this plan were prepared under the direction and supervision of the undersigned, who is licensed to practice in the State of Washington and whose seal as a professional engineer is fixed below. 5/31 /2016 5/31/2016 ii J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 0-GLOSSARY OF ACRONYMS AND TERMS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN �tm THIS PAGE INTENTIONALLY LEFT BLANK Mleq� Acknowledgements An undertaking of this magnitude is not possible without the efforts of numerous individuals and groups. This plan is a product of extensive input and a compilation of the recommendations of numerous special studies and related planning efforts. Those of us at RH2 Engineering, Inc. would like to pay particular tribute to those agencies and individuals listed below. • Patrick Sorensen, Chair, Water Utility Coordinating Committee • Larry Helm, Vice -Chair, Water Utility Coordinating Committee • Members of the Whatcom County Water Utility Coordinating Committee • Gary Stoyka, Whatcom County Public Works Department • John Wolpers, Whatcom County Health Department • Laurette Rasmussen, Whatcom County Health Department • Mark Personius, Whatcom County Planning and Development Services • Erin Osborn, Whatcom County Planning and Development Services • Wain Harrison, Whatcom County Deputy Fire Marshal • Richard Rodriguez, Washington State Department of Health • Jolyn Leslie, Washington State Department of Health • Water Resources Inventory Area 1 (WRIA 1) Watershed Planning Unit iii WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 0 GLOSSARY OF ACRONYMS AND TERMS.DOCX 347 DOH Approval Letter Note: The final approval letter from DOH will be inserted here once the plan updatte is approved. IV J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 0 GLOSSARY OF ACRONYMS AND TERMS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN Glossary of Acronyms and Terms The following acronyms and terms, with accompanying definitions, are included in this Coordinated Water System Plan. Additional definitions may be found in Chapter 246-290 Washington Administrative Code (WAC), Drinking Water Regulations of the State Board of Health, effective April 1999. Acronyms of Acre feet (1 acre-foot equals 43,560 cubic feet or 32,585 gallons) afy Acre-feet per year APWA American Public Works Association ARC Appeals Resolution Committee AWWA American Water Works Association BRB Whatcom County Boundary Review Board ccf 100 cubic feet (100 cubic feet is equal to approximately 748 gallons) cfs Cubic feet per second (1 cfs is equal to approximately 449 gallons per minute) CIP Capital Improvement Program CT Contact time CWPP County -wide Planning Policies CWSP Coordinated Water System Plan (Prepared pursuant to Chapter 70.116 Revised Code of Washington (RCW)) CWSSA Critical Water Supply Service Area (Chapter 70.116 RCW and Chapter 246-293 WAC) DOH Washington State Department of Health DOT/APWA Combined standards for public works construction practices of the Washington State Department of Transportation and the American Public Works Association, 2014 Edition. Ecology Washington State Department of Ecology EPA United States Environmental Protection Agency ERU Equivalent Residential Unit GIS Geographic Information System GMA Growth Management Act gpcd Gallons per capita per day gpd Gallons per day gpm Gallons per minute v WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCPk4l4-065\PLAN\FINAL\SECTION-0-GLOSSARY OF ACRONYMS AND TERMS.DOCX 349 SECTION O GWI Groundwater sources under the direct influence of surface water IBC International Building Code IFC International Fire Code IWA International Water Association MCL Maximum Contaminant Level MGD Million gallons per day (1 MGD = 3.0689 acre-feet of water per day) MPA Microscopic Particulate Analysis NTNC/TNC Non -transient Non-community/Transient Non -community NRW Non -revenue water GFM Washington State Office of Financial Management PDS Whatcom County Planning and Development Services pph Parts per billion — a measurement of contarmnant levels in water psi Pounds per square inch PW Whatcom County Public Works Department RCW Revised Code of Washington SDWA Safe Drinking Water Act SEPA State Environmental Policy Act SMA Satellite Management Agency SMCL Secondary Maximum Contaminant Level SWAP Source Water Assessment Program SWSMP Small Water System Management Plan SWTR Surface Water Treatment Rule UGA Urban Growth Area ULID Utility Local Improvement District USGS United States Geological Survey USRP Utility Service Review Procedure WAC Washington Administrative Code WAF Water Availability Form WCC Whatcom County Code WCHD Whatcom County Health Department WID Watershed Improvement District WRIA Water Resource Inventory Area WSP Water System Plan vi J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 0 GLOSSARY OF ACRONYMS AND TERMS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN W11 Glossary of Acronyms and Terms WUCC Water Utility Coordinating Committee WUE Water Use Efficiency Terms Adjacent — Water lines are considered adjacent to a property when the water lines lie within either side of the right-of-way or easements directly abutting the property. Appeals Resolution Committee (ARC) — A committee, consisting of the following: • The Director of the Whatcom County Health Department or his/her designee • The Director of Whatcom County Planning and Development Services or his/her designee • The Director of Whatcom County Public Works or his/her designee • A representative from one of the approved SMAs identified in Section 6. The ARC is chaired by the representative of the Health Department for review and informal resolution of appeals regarding the conditions of water service outside of the retail service area. Community Water System — Any Group A public water system providing service to 15 or more service connections used by year-round residents for 180 or more days within a calendar year, regardless of the number of people, or regularly serving at least 25 year-round (i.e., more than 180 days per year) residents. Coordinated Water System Plan (CWSP) — Per RCW 70.116.030(1), a coordinated water system plan is: A plan for public water systems within a critical water supply service area which identifies the present and future needs of the systems and sets forth means for meeting those needs in the most efficient manner possible. Such a plan shall include provisions for subsequently updating the plan. In areas where more than one water system exists, a coordinated plan may consist of either: (a) A new plan developed for the area following its designation as a critical water supply service area; or (b) a compilation of compatible water system plans existing at the time of such designation and containing such supplementary provisions as are necessary to satisfy the requirements of this chapter. Any such coordinated plan must include provisions regarding: Future service area designations; assessment of the feasibility of shared source, transmission, and storage facilities; emergency inter -ties; design standards; and other concerns related to the construction and operation of the water system facilities. Coordination Act — Public Water System Coordination Act (Chapter 70.116 RCW). Critical Water Supply Service Area (CWSSA) — Per RCW 70.116.030(2), a CWSSA is: A geographical area which is characterized by a proliferation of small, inadequate water systems, or by water supply problems which threaten the present or future water quality or reliability of service in such a manner that efficient and orderly development may best be achieved through coordinated planning by the water utilities in the area. viz WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION_0_ GLOSSARY OF ACRONYMS AND TERMS.DOCX 351 SECTION O Declaration of Water Utility Service Area — A declaration signed by water utilities that identifies the service area that the water utility is willing and able to serve unless constraints do not enable the utility to do so. The service area may include existing, retail, wholesale, and future service areas. Designated Purveyor — A water purveyor (utility) identified to provide water service to a given area. When willing to provide the service in a timely and reasonable manner, the designated purveyor is assigned an exclusive right to provide public water service to the area and is required to include the area within its approved Water System Plan. Duty to Serve — A municipal water supplier, as defined in RCW 90.03.015, has a duty to provide retail water service within its retail service area if: (1) its service can be available in a timely and reasonable manner; (2) the municipal water supplier has sufficient water rights to provide the service; (3) the municipal water supplier has sufficient capacity to serve the water in a safe and reliable manner as determined by the department of health; and (4) it is consistent with the requirements of any comprehensive plans or development regulations adopted under chapter 36.70A RCW or any other applicable comprehensive plan, land use plan, or development regulation adopted by a city, town, or county for the service area and, for water service by the water utility of a city or town, with the utility service extension ordinances of the city or town (RCW 43.20.260). Equivalent Residential Unit (ERU) — The amount of water typically used by a single-family residence. Exempt Well — A well that is exempt from the water rights permitting process as established in RCW 90.44.050. Existing Service Area — The specific area where a water system already provides direct service, remote service, or where service connections are currently available. Expanding Water Systems — Per WAC 246-293-610(2), expanding water systems are: Those public water systems installing additions, extensions, changes, or alterations to their existing source, transmission, storage, or distribution facilities which will enable the system to increase in size its existing service area. New individual retail or direct service connections onto an existing distribution system shall not be considered an expansion of the public water system. Financial Viability — The ability to obtain sufficient funds to develop, construct, operate, maintain, and manage a public water system in full compliance with local, state, and federal requirements on a continuous basis. Firefighting Water Use — The use of water to contain, suppress, and extinguish a fire that is an immediate threat to persons or property. It also includes temporary use of water for drinking and sanitation by firefighting personnel as needed during the act of fire suppression and extinguishment. A water right is not required for this use. viii J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 0 GLOSSARY OF ACRONYMS AND TERMS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 352 Glossary of Acronyms and Terms Fire Flow — The rate of water delivery needed for the sole purpose of fighting fires. For design purposes, the fire flow volume shall be in addition to the requirements of the water system for domestic demand, and a 20 pounds per square inch (psi) residual pressure should be maintained throughout the system under combined maximum demand flow conditions. Fire Protection — A beneficial use of water associated with the ongoing use of water to reduce fire risks. It includes irrigating buffer areas, storing water for fire use, and supplying fire hydrants within developments. Fire protection water also includes the use of water within a firefighting facility for training firefighting personnel, and testing and maintaining firefighting equipment. A water right is required for such uses. Franchise Area — Non-exclusive area in which a utility is permitted by the County to extend facilities within public rights -of -way. A franchise area is not equivalent to a service area. Future Service Area — The specific area where a purveyor or utility plans to serve water. Groundwater Sources under the Direct Influence of Surface Water (aka GWI) —Any water beneath the surface of the ground with: Significant occurrence of insects or other macroorganisms, algae or large -diameter pathogens such as Giardia lamblia, or 2. Significant and relatively rapid shifts in water characteristics such as turbidity, temperature, conductivity, or pH which closely correlate to climatological or surface water conditions. Under the direct influence of surface water means the groundwater source is located close enough to nearby surface water, such as a river or lake, to receive direct surface water recharge. Since a portion of the groundwater source's recharge is from surface water, the groundwater source is considered at risk of contamination from pathogens such as Giardia lamblia and viruses, which are not normally found in true ground waters. Sources most likely to be under the direct influence of surface water are: • Infiltration galleries and Ranney wells located near surface waters; • Poorly constructed spring source facilities; and • Shallow wells located near surface waters. Group A Water System — A system that serves 15 or more connections or 25 or more people per day for 60 or more days per year. Group A systems are divided into a series of subgroups as diagrammed in Exhibit 2-1. A full description of the classes of systems is contained in WAC 246-290-010. Group B Water System — A system that serves less than 15 connections and less than 25 people per day or 25 or more people per day during fewer than 60 days per year. (Note: As specified in the Joint Plan of Responsibilities (JPR) between the State Department of Health and Whatcom County Health Department, two party (shared) wells are exempt from the Group B requirements as allowed in WAC 246-291-005(3), Applicability, which states "The rules of this chapter do not apply to a Group B system that provides water to one or two service connections, except: (a) In a county in which a local board of health has adopted requirements for Group B systems with one or two service connections." (See also WCC 24.11 Drinking Water.) ix WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 0 GLOSSARY OF ACRONYMS AND TERMS.DOCX �tW Intertie — An interconnection between public water systems permitting the exchange or delivery of water between those systems (see WAC 246-290-010(141)). Ordinarily, the use of an intertie is governed by a written agreement or contract between the utilities. A modification to water rights issued by Ecology may also be required, or may, in many cases, be accomplished via an amendment to the system's WSP. Land Use Designation — The land use(s) allowed in a geographical area by right or permit, as provided in the applicable comprehensive plan or zoning ordinance. Level of Service — Operational features, such as pressure, flow, and reliability provided to the customer by the water system. Municipal Corporation — Any city, town, county, water -sewer district, port district, public utility district, irrigation district, and any other municipal corporation, quasi -municipal corporation, or political subdivision of the state (RCW 70.315.020 — Water Purveyors — Fire Suppression Facilities). Municipal Water Supplier — An entity that supplies water for municipal water supply purposes (RCW 90.03.015(3)). Municipal Water Supply Purposes — Per RCW 90.03.015(4): A beneficial use of water: (a) For residential purposes through fifteen or more residential service connections or for providing residential use of water for a nonresidential population that is, on average, at least twenty-five people for at least sixty days a year; (b) for governmental or governmental proprietary purposes by a city, town, public utility district, county, sewer district, or water district; or (c) indirectly for the purposes in (a) or (b) of this subsection through the delivery of treated or raw water to a public water system for such use. If water is beneficially used under a water right for the purposes listed in (a), (b), or (c) of this subsection, any other beneficial use of water under the right generally associated with the use of water within a municipality is also for "municipal water supply purposes," including, but not limited to, beneficial use for commercial, industrial, irrigation of parks and open spaces, institutional, landscaping, fire flow, water system maintenance and repair, or related purposes. If a governmental entity holds a water right that is for the purposes listed in (a), (b), or (c) of this subsection, its use of water or its delivery of water for any other beneficial use generally associated with the use of water within a municipality is also for "municipal water supply purposes," including, but not limited to, beneficial use for commercial, industrial, irrigation of parks and open spaces, institutional, landscaping, fire flow, water system maintenance and repair, or related purposes. Nearby — For the purposes of determining access to public water supplies, "nearby" shall mean at a distance of 1/2 mile or less. New Construction (as it relates to components of a public water system) — Any addition of supply, transmission, distribution, or storage facilities, either in a new water system or an expanding water system, which provides a capability to serve additional dwelling units or other buildings. x J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 0 GLOSSARY OF ACRONYMS AND TERMS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 354 Glossary of Acronyms and Terms Non -community Water System — A Group A public water system that is not a community water system. Non -community water systems are further defined as non -transient non -community and transient non -community. Non -transient Non -community Water System — A Group A public water system that provides service opportunities to 25 or more of the same non-residential people for 180 or more days within a calendar year. Private Water Supply — A water supply serving up to two single family residences or a commercial business for which the director has waived all public water system development and monitoring standards found in WAC 246-291-005 and 030. Private water supplies shall not be approved to serve a connection with a use listed under WCC 24.11.040(a) through (h). Public Water System — All systems except those serving one single-family residence or four or fewer service connections on the same farm. As used in this document, the term is generally synonymous with "Purveyor" and "Utility." Purveyor — Any agency or subdivision of the state or any municipal corporation, firm, company, mutual or cooperative association, institution, partnership, or person or any other entity, that owns or operates for wholesale or retail service a public water system. It also means the authorized agents of any such entities. As used in this document, generally synonymous with "utility" and "public water system." Receiver — An entity appointed by the court to manage a water system. Generally, the court intends receivership to be temporary until a permanent solution for the water system is found. Receivership — The process by which a receiver is appointed to temporarily manage a water system with the goal of bringing a failing public water system back into organizational and operational compliance. Reclaimed Water — Water derived in any part from wastewater with a domestic wastewater component that has been adequately and reliably treated, so that it can be used for beneficial purposes. Reclaimed water is not considered a wastewater (RCW 90.46.010(15)). Remote System — A public water system, located within the designated service area of a utility, which is detached from the primary facilities of the utility. A remote system has its own source of supply, unless it connects to the utility's primary source and distribution facilities. Retail Service Area — The specific area where a municipal water supplier has a duty to serve new service connections under certain conditions (see the Municipal Water Law — Duty to Provide Service Requirements fact sheet, DOH 331-366, for details). Rural Levels of Service — Includes those public services and public facilities historically and typically delivered at an intensity usually found in rural areas, and may include domestic water systems, fire, and police protection services. Satellite Management Agency (SMA) — An individual, purveyor, or entity that is approved by the secretary to own or operate more than one public water system on a regional or countywide basis, without the necessity for a physical connection between such systems (WAC 246-295-010). Satellite Management and Operation Services — All day-to-day responsibilities of a water system. Management responsibilities shall include planning and policy decision making. Operational responsibilities shall include normal day-to-day operations, preventative maintenance, xi WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION O GLOSSARY OF ACRONYMS AND TERMS.DOCX 355 SECTION O water quality monitoring, trouble -shooting, emergency response, response to complaints, public/press contact, and recordkeeping. Secretary — The secretary of the Washington State Department of Health or the secretary's authorized representative. Service Area — A water system's service area is the specific area or areas the system serves or plans to serve. This may include the: • Existing service area; • Retail service area (applies to municipal water suppliers only); • Future service area; and • Wholesale service area (where the system provides water to other public water systems). The largest area identified on a map where a municipal water supplier currently provides direct service and remote service, and the area it plans to serve. The service area may include the existing service area, retail service area, and the future service area. The service area may also include where a water system provides wholesale water supply to other public water systems through an inte pie. This area may represent a water right's expanded place of use if the requirements of WAC 246-293-107 are met. Note: The service area and the water right place of use should be consistent with each other (i.e., the utility should have authority from a water rights perspective to serve water anywhere within its designated service area). Boundaries are defined by agreements among adjacent utilities and are recorded on a set of maps on file with Whatcom County. Water service provided within designated service areas must be consistent with local land use plans. Service Connection — A physical connection through which water may be delivered to a customer for discretionary use. Unless otherwise indicated, all such connections, whether currently in use or not, shall be considered as a service connection. The service connection defines the limit of the water utility's responsibility for system design and operation unless otherwise provided for in the water utility's condition of service policies. Utility customers such as mobile home parks, planned unit developments, condominiums, apartment buildings, industrial/commercial sites, or other similar complexes are generally considered exterior to the water system. In such cases, the purveyor shall be required to meet design standards for water systems up to the point of service to the customer; and beyond that point, the applicable plumbing and building codes, fire codes, county health regulations, and local ordinances are deemed to be sufficient to protect the public health and to ensure adequate water service. These customers are not themselves considered herein as water purveyors unless specifically designated as such by DOH. Timely and Reasonable — Because the Coordination Act and Municipal Water Law use different definitions of "timely" and because neither defines "reasonable," the term "timely and reasonable" is defined as follows (in order of priority) for the Whatcom County CWSP: 1. As defined in the water utility's approved water system plan. 2. If the water utility does not have a water system plan, the definition shall be as defined in the utility's service policies and not inconsistent with the Coordination Act. xii J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 0 GLOSSARY OF ACRONYMS AND TERMS. DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN C los• Glossary of Acronyms and Terms 3. If the water utility does not have a water system plan or service policies or the water system plan or service policies do not provide a definition for timely and reasonable, the definitions shall be as follows: • Water service is considered timely when: o the water utility can provide service within 120 days of receiving all necessary permits to begin installation of required system improvements, if the utility is conducting system installation; or o the water utility can provide service within 120 days of the applicant installing all necessary system improvements; or o as otherwise agreed to between the applicant and utility. • Water service is considered reasonable if costs and conditions of service are consistent with the utility's acknowledged standard practice experienced by other applicants requesting similar service. Transient Non -community Water System — A Group A public water system that serves: (a) Twenty-five or more different people each day for 60 or more days within a calendar year; or (b) Twenty-five or more of the same people each day for 60 or more days, but less than 180 days within the calendar year. Urban Growth Area (UGA) — The Growth Management Act requires that participating counties designate a boundary that includes cities and other areas characterized by urban growth, or adjacent to such areas that are planned to accommodate future urban growth. Growth occurring outside the boundary cannot be urban in nature. A final UGA is determined and included in the completed comprehensive plan of each city and the county. As comprehensive plans are updated, the criteria for designation and placement of these boundaries are guided by the GMA and county -wide planning policies. Urban Levels of Service — Includes those public services and public facilities historically and typically delivered at an intensity usually found in urban areas, and typically includes domestic water systems, fire, and police protection services. Utility — See "Public Water System," "Purveyor," and "Water Utility" definitions. Utility Service Review Procedure — An administrative procedure established under local agency jurisdiction to identify the water purveyor best able to serve an area where new public water service is requested. Water Availability — Water is considered available when an applicant for a project requiring potable water has access to an adequate supply of safe drinking water which meets the intent of the Growth Management Act of 1990, as amended, and other requirements for the provision of a safe and adequate water supply (WCC 24.11). Water Availability Form — The Water Availability Form (WAF) required by PDS, and reviewed by WCHD, as part of a building permit application to show that the applicant has access to an adequate supply of safe drinking water which meets the intent of the Growth Management Act of 1990, as amended, and other requirements for the provision of a safe and adequate water supply. Water Resource Inventory Area (WRIA) — An administrative and planning boundary established by the Washington State Department of Ecology. Washington State is divided into xiii WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION_0_GLOSSARY OF ACRONYMS AND TERMS.DOCX 357 SECTION 62 WRIAs. WRIA 1 is the Nooksack Watershed and certain adjacent drainages (WAC 173-500-040). Water System 'Alan — A written plan prepared for a particular water system and service area. Also known as a Comprehensive Water System Plan. Details of Water System Plan requirements can be found in WAC 246-290-100. Water Utility — See "Public Water System" and "Purveyor" definitions. Xlv J:\DATA\WCP\414-065\PLAN\FINAL\SECTION_0_GLOSSARY OF ACRONYMS AND TERMS. DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN Whatcom County Coordinated Water System Plan Table of Contents SECTION 0 — GLOSSARY OF ACRONYMS AND TERMS CERTIFICATE OF ENGINEER..................................................................................................................ii ACKNOWLEDGEMENTS......................................................................................................................... iii DOHAPPROVAL LETTER....................................................................................................................... iv GLOSSARY OF ACRONYMS AND TERMS............................................................................................ v Acronyms............................................................................................................................................ v Terms................................................................................................................................................ vii EXECUTIVE SUMMARY SECTION 1 — INTRODUCTION 1.0 INTRODUCTION............................................................................................................................1-1 SECTION 2 — COORDINATED WATER SYSTEM PLAN PROCESS 2.0 INTRODUCTION............................................................................................................................ 2-1 2.1 CWSP HISTORY IN WHATCOM COUNTY................................................................................2-4 2.2 CWSP UPDATE PREPARATION..................................................................................................2-7 2.2.1 Coordination with the Growth Management Act..................................................................2-10 2.2.2 Water System Service Areas.................................................................................................2-12 2.2.3 Minimum Design Standards..................................................................................................2-13 2.2.4 Utility Service Review Procedure.........................................................................................2-13 2.2.5 Issues with Potential Implications for Public Water Systems in Whatcom County..............2-14 2.2.6 Individual Water System Plans.............................................................................................2-14 2.3 REGIONAL SUPPLEMENT.........................................................................................................2-15 SECTION 3 — POPULATION, WATER DEMAND, AND EXISTING WATER SYSTEMS 3.0 INTRODUCTION............................................................................................................................ 3-1 3.1 POPULATION FORECASTS.........................................................................................................3-1 3.2 WATER DEMAND FORECASTS.................................................................................................3-3 3.2.1 Current and Future Demand Forecasts....................................................................................3-3 3.2.2 Current and Future Water Consumption Data.........................................................................3-3 3.3 WATER RIGHT CAPACITY ANALYSIS.....................................................................................3-5 3.4 EXISTING WATER SYSTEMS..................................................................................................... 3-7 3.4.1 DOH Operating Permits..........................................................................................................3-8 3.5 CONCLUSIONS............................................................................................................................3-12 SECTION 4 — WATER UTILITY SERVICE AREAS 4.0 INTRODUCTION............................................................................................................................ 4-1 4.1 SERVICE AREA COMMITMENTS AND PROCEDURES..........................................................4-2 4.1.1 Municipal Water Supplier Service Area Commitments..........................................................4-2 4.1.2 Service Area Designation........................................................................................................4-3 4.1.3 Service Area Overlaps.............................................................................................................4-4 4.1.4 Service Area Declarations.......................................................................................................4-4 4.1.5 Service Area Adjustments.......................................................................................................4-5 4.2 SERVICE AREA DISPUTES AND DISPUTE RESOLUTION.....................................................4-5 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 1 J:\DATA\WCP\414-065\PLAN\FINAL\TABLE OF CONTENTS.DOCX 359 Whatcom County Coordinated Water System Plan Table of Contents 4.3 BOUNDARY REVIEW BOARD....................................................................................................4-6 4.3.1 Notice of Intention..................................................................................................................4-6 4.3.2 BRB Review of Proposed Actions..........................................................................................4-6 4.3.3 Public Notification of Proposed Actions.................................................................................4-6 4.4 DEPARTMENT OF HEALTH ACTION........................................................................................4-7 SECTION 5 — MINIMUM DESIGN STANDARDS 5.0 INTRODUCTION............................................................................................................................ 5-1 5.1 RURAL AND URBAN LEVELS OF STANDARDS.....................................................................5-1 5.2 MINIMUM DESIGN STANDARDS..............................................................................................5-3 5.2.1 Purpose....................................................................................................................................5-3 5.2.2 Application of Standards.........................................................................................................5-4 5.2.3 General Provisions..................................................................................................................5-5 5.2.4 Specific Provisions..................................................................................................................5-6 5.3 FIRE HYDRANTS AND FIRE FLOW.........................................................................................5-10 5.3.1 New Fire Hydrants................................................................................................................ 5-10 5.3.2 Fire Hydrant Location.... ... 2 ...... .................................................................... 5-10 5.3.3 Fire Hydrant Maintenance.....................................................................................................5-10 5.3.4 Fire Flow Requirements........................................................................................................ 5-12 5.3.5 Fire Flow Mitigation Alternatives.........................................................................................5-15 5.3.6 Phased Fire Flow Plan...........................................................................................................5-15 5.3.7 Low Flow Hydrants (For Existing Systems).........................................................................5-16 5.3.8 Water Rights and Fire Flow..................................................................................................5-17 5.4 STANDARDS REVIEW SUBCOMMITTEE...............................................................................5-18 5.5 SEVERABILITY...........................................................................................................................5-18 SECTION 6 — UTILITY SERVICE REVIEW PROCEDURES 6.0 INTRODUCTION............................................................................................................................ 6-1 6.1 SERVICE AREAS...........................................................................................................................6-1 6.2 ACTIVITIES WITHIN CITY BOUNDARIES...............................................................................6-2 6.3 TIMELY AND REASONABLE....... .... ——.....................................................................................6-2 6.4 UTILITY SERVICE REVIEW PROCEDURES.............................................................................6-4 6.4.1 Review Process for Development Proposals or Water Service Requests in Conformance with ApplicableLand Use Plans....................................................................................................6-6 6.4.2 Review Process for Development Proposals or Water Service Requests Not in Conformance withApplicable Land Use Plans............................................................................................ 6-9 6.4.3 Appeals Process....................................................................................................................6-10 6.4.4 Special Review Consideration..............................................................................................6-10 6.4.5 Public Water System Availability.........................................................................................6-10 6.4.6 DOH Satellite Management Agency (SMA) Requirements ................................................. 6-11 6.4.7 Current Approved SMAs in the Whatcom County CWSSA................................................6-12 SECTION 7 — RECEIVERSHIP OF FAILING SYSTEMS 7.0 RECEIVERSHIP OF FAILING SYSTEMS....................................................................................7-1 J:\DATA\WCP\414-065\PLAN\FINAL\TABLE OF CONTENTS.DOCX it WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 0,001 Whatcom County Coordinated Water System Plan Table of Contents SECTION 8 — ISSUES WITH POTENTIAL IMPLICATIONS FOR PUBLIC WATER SYSTEMS IN WHATCOM COUNTY 8.0 INTRODUCTION...........................................................................................................................8-1 8.1 TRIBAL WATER ISSUES..............................................................................................................8-1 8.1.1 Lummi Peninsula Groundwater Settlement............................................................................8-1 8.1.2 Public Water Systems on Lummi Reservation Outside of Peninsula Settlement Area ........... 8-4 8.1.3 Tribal Claims of Treaty -reserved Fishing and Water Rights .................................................. 8-4 8.2 WATER RIGHTS............................................................................................................................ 8-5 8.2.1 Background............................................................................................................................. 8-5 8.2.2 Postema Case.......................................................................................................................... 8-5 8.2.3 Municipal Water Law............................................................................................................. 8-6 8.2.4 Changes or Transfers of Water Rights.................................................................................... 8-9 8.2.5 Exempt Well Consolidation.................................................................................................... 8-9 8.2.6 New or Replacement Wells...................................................................................................8-10 8.3 FINANCIAL VIABILITY OF SMALL SYSTEMS......................................................................8-11 8.4 EXISTING AND POTENTIAL WATER QUALITY PROBLEMS.............................................8-12 8.4.1 Bacteriological Contamination..............................................................................................8-12 8.4.2 Nitrate....................................................................................................................................8-12 8.4.3 Arsenic..................................................................................................................................8-14 8.4.4 Surface Water and Groundwater under the Influence of Surface Water Sources ................. 8-15 8.4.5 Seawater Intrusion.................................................................................................................8-16 8.4.6 Relic Saltwater......................................................................................................................8-17 8.4.7 Deep Wells............................................................................................................................8-17 8.4.8 Volatile Organic Chemicals (VOCs) and Pesticides.............................................................8-17 8.4.9 Iron/Manganese..................................................................................................................... 8-18 8.5 DATA MANAGEMENT AND LACK OF WATER QUALITY AND QUANTITY DATA ...... 8-19 8.5.1 Data Management................................................................................................................. 8-19 8.5.2 Quantity.................................................................................................................................8-19 8.5.3 Wellhead Protection..............................................................................................................8-20 8.6 LACK OF JOINT FACILITIES AND SYSTEM INTERTIES..................................................... 8-20 8.6.1 Joint Facilities....................................................................................................................... 8-20 8.6.2 Interties.................................................................................................................................. 8-21 8.7 WATER USE EFFICIENCY.........................................................................................................8-23 8.7.1 Introduction........................................................................................................................... 8-23 8.7.2 WUE Program Measures.......................................................................................................8-24 8.7.3 Water Loss Control...............................................................................................................8-25 8.7.4 Costs of WUE....................................................................................................................... 8-26 8.8 RECLAIMED WATER................................................................................................................. 8-27 8.8.1 Reclaimed Water in Whatcom County.................................................................................. 8-27 SECTION 9 — PLAN IMPLEMENTATION 9.0 INTRODUCTION............................................................................................................................ 9-1 9.1 PLAN APPROVAL PROCEDURES..............................................................................................9-1 9.2 APPEALS PROCESS......................................................................................................................9-2 9.2.1 Issues Subject to Appeal and Review.....................................................................................9-2 9.2.2 Timeliness and Reasonableness of Service............................................................................. 9-3 9.2.3 Appeals Process......................................................................................................................9-4 9.3 COORDINATED WATER SYSTEM PLAN UPDATE.................................................................9-5 9.4 PERIODIC REVIEW OF CWSP IMPLEMENTATION................................................................9-5 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 111 J:\DATA\WCP\414-065\PLAN\FINAL\TABLE OF CONTENTS.DOCX 04 Whatcom County Coordinated Water System Plan Table of Contents 9.5 ENVIRONMENTAL REVIEW.......................................................................................................9-6 9.6 IMPLEMENTATION TASKS........................................................................................................9-6 9.6.1 New Implementation Measures...............................................................................................9-6 9.6.2 Other Action Items.................................................................................................................. 9-7 9.6.3 WUCC Items for Consideration by the Community...............................................................9-9 TABLES Table 2-1 — Chapter 246-290 WAC — Public Water System Definition....................................................2-2 Table 2-2 — Chronology of Whatcom County CWSP Effort .....................................................................2-6 Table2-3 — WUCC Membership...............................................................................................................2-9 Table 3-1 — Population by County Areas...................................................................................................3-2 Table 3-2 — County -wide Population Forecast..........................................................................................3-2 Table 3-3 — Urban and Rural Distribution for Population Projections......................................................3-3 Table 3-4 — Water Consumption for Group A Community Water Systems..............................................3-4 Table 3-5 — County -wide Water Demands for Group A Community Public Water Systems Average Daily Demands in Million Gallons per Day(MGD)........................................................................3-5 Table 3-6 — Group A Community Public Water Systems Water Right Capacity Analysis Summary Table....................................................................................................................................... 3-6 Table 3-7 — County -wide Water Rights Summary for Group A Community Public Water Systems ........ 3-7 Table 3-8 — Number and Type of Public Water Systems........................................................................... 3-8 Table 3-9 — Green Operating Permits — DOH Group A Water Systems in Whatcom County .................. 3-9 Table 3-10 — Blue Operating Permits — DOH Group A Water Systems in Whatcom County ................3-11 Table 3-11 — Yellow Operating Permits — DOH Group A Water Systems in Whatcom County ............ 3-11 Table 5-1 — Isolation Valve Spacing..........................................................................................................5-8 Table 5-2 — Fire Protection Facility Operation, Maintenance, and Testing.............................................5-12 Table 5-3 — Minimum and Recommended Fire Flow Requirements.......................................................5-14 Table 8-1 — Public Water Systems within the Lummi Peninsula Settlement Area that are Currently Regulatedunder the CWSP....................................................................................................8-3 Table 8-2 — Public Water Systems outside the Lummi Peninsula Settlement Area but on the Lummi Reservation that are Currently Regulated under the CWSP...................................................8-4 Table 8-3 — Public Water Systems with a Source that has had a Water Quality Sample that Exceeded the Nitrate MCL of 10.0 mg/L at Least Once from 2005 through June 2015............................8-13 Table 8-4 — Public Water Systems that have had Raw Water from a Source Exceed the Arsenic MCL of 10 ppb at Least Twice from 2005 through June 2015..........................................................8-15 Table 8-5 — Status of Systems Evaluated for GWI in the CWSSA..........................................................8-16 Table 8-6 — Existing Interties between Group A Water Systems............................................................ 8-22 Table 8-7 — The IWA/AWWA Water Balance........................................................................................8-26 FIGURES Figure 1-1 — Critical Water Supply Service Area Figure 2-1 — Whatcom County Comprehensive Land Use Map Figure 2-2 — Coordinated Water System Plan — Water Utility Service Areas January 2016 Figure 3-1 — Water Supply Summary Map................................................................................................3-6 Figure 3-2 — Group A Community Public Water System Operating Permit Color Status .......................3-12 Figure 6-1— Overview of Utility Service Review Procedures..................................................................6-5 Figure 8-1 — Lummi Indian Reservation Groundwater Settlement Area and Service Areas Map Figure 8-2 — Public Water Systems Tapping Groundwater with Nitrate and Arsenic above MCL Figure 8-3 — Existing Interties between Group A Water Systems J:\DATA\WCP\414.065\PLAN\FINAL\TABLE OF CONTENTS.DOCX iv WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN Whatcom County Coordinated Water System Plan Table of Contents EXHIBITS Exhibit 4-1 — Declaration of Water Utility Service Areas.........................................................................4-8 Exhibit 4-2 — Service Area Boundary Amendment Procedure..................................................................4-9 APPENDICES Appendix 1 — Water Rights Capacity Analysis Map and Water Rights Analysis Tables Appendix 2 — Water Right Procedures Appendix 3 — Department of Ecology Municipal Water Law Interpretive and Policy Statement Appendix 4 — Excerpts from DOH Regulations Related to Public Water Systems Appendix 5 — SEPA Checklist WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN v J:\DATA\WCP\414-065\PLAN\FINAL\TABLE OF CONTENTS.DOCX 363 THIS PAGE INTENTIONALLY LEFT BLANK Executive Summary 365 366 Executive Summary This Coordinated Water System Plan (CWSP) is a plan for public water systems within the Critical Water Supply Service Area (CWSSA) that was established by the Whatcom County Council to include all of Whatcom County (County) west of the Mount Baker-Snoqualmie National Forest boundary, excluding certain portions of the Lummi and Nooksack Indian reservations (Figure 1-1). This CWSP update was prepared under the direction of the Water Utility Coordinating Committee (WUCC), which was established pursuant to the Public Water System Coordination Act of 1977 (Coordination Act; Chapter 70.116 Revised Code of Washington (RCW)). This CWSP represents the collective views of the WUCC and integrates the documented views of other state and local governments. This document, officially known as the "Regional Supplement," and the individual water system plans (WSPs) approved by the Washington State Department of Health (DOH), comprise the CWSP. When integrated with the County's GMA Comprehensive Plan, the CWSP presents a significant piece of the larger resource and growth management strategy for the County's future. The County's 2016 GMA Comprehensive Plan Update anticipates that more than 80 percent of new growth over the next 20 years will be accommodated within cities and Urban Growth Areas (UGAs), with the remainder in rural areas. However, public water service and systems can either be urban or rural as defined in RCW 36.70A.030 (17:20). Water supply and service policies in this CWSP are designed to support the Growth Management Act (GMA) and local land use policies by projecting population and employment growth capacities for the existing municipal and non -government (Group A) water suppliers (comprising both UGAs and non-UGAs). These population growth capacities (i.e., maximum potential demand) are then compared with their respective water rights (supply) and DOH -approved system connection capacities. Cumulatively, there are sufficient water rights available to meet all current and projected needs for the next 50 years. Most utilities have sufficient individual water rights to meet their current demand and their projected full build out demand. The WUCC recommends several measures, such as new water lines and interties, that individual water utilities with inadequate water rights should implement to provide legal and secure supply of water to areas requiring additional water to support future growth and development. Water utilities are given exclusive right to provide service in their designated service areas. The Coordination Act mostly addresses service in a utility's future service area. Under the Municipal Water Law, a water utility has a duty to serve within their retail service area providing certain conditions are met. Water systems are required to identify their service areas by submitting a Declaration of Water Utility Service Areas to the Whatcom County Health Department (WCHD). Any changes to a utility's service area must be reported to WCHD on the appropriate form. Service areas are shown on the official CWSP map. Service area overlaps may occur and do not necessarily present a conflict. This CWSP includes minimum design standards for water systems within the CWSSA. In most cases, the minimum design standards apply only to new or expanding water systems, although existing water systems are encouraged to meet these standards to support the provision of safe, reliable, and high -quality drinking water throughout the CWSSA, including the provision of adequate fire flow. This CWSP also includes updated fire protection and hydrant placement requirements. ES-1 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAMFINAL\EXECUTIVE SUMMARY.DOCX 010 0 Executive Summary When a water system fails to provide safe and reliable water, the DOH uses a variety of tools to bring it back into compliance. As a last resort, if the system fails to correct problems, the Secretary of Health or the local health officer may file a petition with the Whatcom County Superior Court. The Court, in turn, may appoint a receiver who is willing and able to operate the water system. Receivership is not a final action, but is a process to bring failing public water systems back into organizational and operational compliance. This CWSP presents administrative procedures for directing applicants with development proposals that require potable water service in the unincorporated portion of the CWSSA to the most appropriate source of water. These procedures are intended to guide local officials, citizens, development applicants, and regulatory agencies in identifying the necessary facilities for providing adequate potable water service and may, in some cases, involve management and operation by an approved Satellite Management Agency. This CWSP also presents issues with potential implications for public water systems in Whatcom County. These issues include the Lummi Peninsula groundwater settlement, tribal water rights claims, recent changes to water rights laws, financial viability of small systems, water quality problems, data management and lack of water quality and quantity data, lack of joint facilities and interties, water use efficiency, and potential use of reclaimed water. An appeal procedure is provided for applicants to resolve disputes regarding certain conditions of service issues. Appeals must be filed with the Hearing Examiner. Whatcom County also offers a voluntary appeals process that parties may decide to use to see if the dispute can be resolved without the expense of a formal appeal. The CWSP includes a list of new implementation actions resulting from this latest update and continuing implementation actions that require continued attention. ES-2 J:\DATA\WCPk414-065\PLAMFINAL\EXECUTIVE SUMMARY.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN • M Section 1 - Introduction 369 370 Section 1 - Introduction 1.0 Introduction A Coordinated Water System Plan (CWSP) is a plan for public water systems within a defined area that identifies the present and future needs of the systems and sets forth means of meeting those needs in the most efficient manner possible. The Whatcom County Council established the planning area, called the Critical Water Supply Service Area (CWSSA), for the original CWSP effort in 1993, and retained the same area for the 2000 update, as well as for this update. The CWSSA includes all of Whatcom County west of the Mount Baker-Snoqualmie National Forest Boundary excluding certain portions of the Lummi and Nooksack Indian reservations (Figure 1-1). This CWSP update was prepared under the direction of the Water Utility Coordinating Committee (WUCC). Per Revised Code of Washington (RCW) 70.116.040 (The Public Water System Coordination Act of 1977, hereafter referred to as the Coordination Act), the WUCC included representatives of all individual water utilities located in the CWSSA with more than 50 connections that chose to participate, as well as representatives of the Washington State Department of Health (DOH), Whatcom County Health Department (WCHD), Whatcom County Planning & Development Services (PDS), Whatcom County Public Works (WCPW), and the Whatcom County Council. In addition, all water systems in the CWSSA and the Lummi Nation and Nooksack tribes were invited to participate on the WUCC as non -voting members. WUCC meetings were held from late 2014 through early 2016 to review the existing 2000 CWSP, provide recommended changes that reflect the needs of the current water system community in the county, and provide guidance for the future. These actions were conducted with the primary objective of supporting the public drinking water supply needs of the county and achieving coordination between water services, the Growth Management Act (GMA), and the update of Whatcom County's Comprehensive Plan. This CWSP represents the collective views of the WUCC and integrates the documented views of other state and local governments. This document is officially known as the "Regional Supplement," and it and the approved individual water system plans (WSPs) comprise the CWSP. When integrated with the County's Comprehensive Plan, the CWSP presents a significant piece of the larger resource and growth management strategy for the County's future. Preparation of the CWSP update has been in accordance with the contract between Whatcom County and RH2 Engineering, Inc., dated October 1, 2014. Close coordination was maintained with the DOH during the CWSP preparation to conform to the requirements of the Coordination Act. This CWSP was approved by the WUCC, and PDS has determined that it is not inconsistent with County land use plans, shoreline master programs, and/or County developmental policies and regulations. This CWSP includes the following sections: Glossary of Acronyms and Terms Executive Summary Section 1 — Introduction WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 1 INTRODUCTION.DOCX 371 SECTION 1 Section 2 — The Coordinated Water System Process — This section provides an overview of the process, the history of the CWSP in Whatcom County, Whatcom County Council resolution providing direction to the CWSP update, and the WUCC membership. Section 3 — Population, Water Demand, and Existing Water Systems — This section provides population projections consistent with the County's Comprehensive Plan update and water demand forecasts, and compares water demand forecasts to water rights capacity to identify water systems with adequate and inadequate water supplies. Section 4 — Water Supply Service Areas — This section provides a general discussion of existing, future, retail, and wholesale service areas and the significance of each in terms of rights and responsibilities of the water system, municipal water system commitments, service area declarations, service area appeals and appeal resolution, and the process to amend service area boundaries. Section 5 — Minimum Design Standards — This section establishes the minimum design standards for new or expanding water systems in the CWSSA, including standards related to fire hydrants, and fire flow requirements linked to zoning classifications. Section 6 — Utility Service Review Procedures — This section describes the administrative review procedures for applicants with development proposals requiring potable water service in a variety of scenarios, such as: service within an existing retail service area; within a designated future service area; and within relinquished or non -designated service areas. This section also describes procedures for approval of new public water systems and private water supplies, describes a voluntary appeal resolution process, and satellite management within the CWSSA. Section 7 — Receivership of Failing Systems — This section discusses receivership as an option of last resort for a failing public water system and clarifies the obligations that remain with a public water system even as it makes use of the receivership process. Section 8 — Issues with Potential Implications for Public Water Systems in Whatcom County — The CWSP process encourages regional solutions to water supply issues. This section briefly identifies a number of water resource related issues to provide context for the public water system coordination efforts identified and established in the CWSP update. Section 9 — Plan Implementation — This section identifies recommended steps to be taken by the County, public water systems, and others to implement this CWSP and provides an appeals process. Throughout this CWSP, the words "must," "will," "shall," or "required" are used when practices are required by rule or statute, sufficiently standardized to permit specific delineation of requirements, or where safeguarding the public health justifies definitive criteria or action (and is legally allowable to do so). Where requirements are spelled out in statutes or rules, an attempt has been made to cite the relevant source of the statements. The words "should" or "recommend" indicate procedures, criteria, or methods that are not required and can be approached with some degree of flexibility. In such cases, water managers may need to explain the basis of the altered approach or, in some cases, why another approach may be more applicable. Unless specifically noted, the WUCC has determined this flexibility should be retained and the related recommendations should not be codified. 1-2 J:\DATA\WCP\414-065\PLAMFINAL\SECTION-1-INTRODUCTION.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 372 Introduction In cases where the WUCC has determined that certain actions, standards, or procedures are sufficiently important to warrant adoption into the Whatcom County Code, this has been noted in the CWSP, and those changes are specifically identified in Section 9, where the WUCC recommends the County Council amend the existing code to implement the recommendations of the WUCC. 1-3 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP�414-065\PLAMFINAL\SECTION 1 INTRODUCTION.DOCX 373 THIS PAGE INTENTIONALLY LEFT BLANK 374 CL m I r< Ire eiv GOIAJGS L AiddnS jejeM leo RPO ein6i.1 jUNnooNVOONVNO o 1A S. 0 LLI E -Ig Fa uz 0 z gE X, 25 A" THIS PAGE INTENTIONALLY LEFT BLANK 376 Section 2 - Coordinated Water System Plan Process 377 378 Section 2 - Coordinated Water System Plan Process 2.0 Introduction The Public Water System Coordination Act (Coordination Act), enacted in 1977, modified in 1991 and 1995, and codified as Chapter 70.116 Revised Code of Washington (RCW), establishes a procedure for the state's water utilities to coordinate their planning and construction programs with adjacent water utilities and other local government activities, including planning under the Growth Management Act (GMA). The Coordination Act provides authority to the county for identifying a critical water supply service area (CWSSA) in a given area "where water supply problems related to uncoordinated planning, inadequate water quality or unreliable water service appear to exist." The Whatcom County Council established its CWSSA for the original Coordinated Water System Plan (CWSP) effort in 1993, and retained the same area for the 2000 and 2016 updates. This area includes "all lands west of the National Forest Boundary excluding certain portions of the Lummi and Nooksack Indian reservations," (Whatcom County Council Resolution No. 2014-045).l This update to the CWSP has been completed in accordance with the Coordination Act and is composed of a regional supplement (this document), and a compilation of individual water system plans (WSPs). These individual WSPs have been developed in accordance with Washington Administrative Code (WAC) 246-290-100, and are subject to approval by the Washington State Department of Health (DOH). Water system plans demonstrate a water system's "operational, technical, managerial, and financial capability to achieve and maintain compliance with relevant local, state, and federal plans and regulations, and must also demonstrate how the water system will address present and future needs in a manner consistent with other relevant plans and local, state, and federal laws, including applicable land use plans." The Coordination Act authorizes DOH and the county's legislative authority to convene a Water Utility Coordinating Committee (WUCC) which is comprised of. water utilities in the area serving more than 50 customers; the county legislative authority; county planning agency; and health agencies. The WUCC advises as to the geographic extent of the area defined as the CWSSA, and plays a major role in the development of the CWSP that serves to guide orderly and efficient delivery of potable water to water dependent users in the region. Preparation of the regional supplement is the responsibility of a WUCC. In addition to the statutory members of the WUCC listed above, Whatcom County invited representatives of all public water systems in the CWSSA to attend the WUCC meetings as were representatives of DOH, the Washington State Department of Ecology (Ecology), the Lummi Nation, and the Nooksack Tribe to broaden the range of perspectives in developing the CWSP update. A 1 Whatcom County Government's web site provides access to its ordinances and resolutions at the following link: http://www.whatcomeounty.us/1414/Legislation Note: For purposes of uniform archiving and retrieval, Whatcom County now uses a standardized numbering system to file resolutions and ordinance that may be different than the original, e.g. Resolution No. 90-73 as adopted is now filed as Resolution No. 1990-073. 2-1 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN C:\USERS\GSTOYKA\APPDATA\LOCAL\MICROSOFRWINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOKW7Y51 379 SECTION 2 schematic outlining the comparison of Groups A and B and municipal purpose water systems is provided in Table 2-1. Table 2-1 Chapter 246-290 WAC — Public Water System Definition Public Water Systems All systems except those serving only one single family residence or four or fewer service connections on the same farm. Group A System that regularly serves: • 15 or more service connections OR • 25 or more people/day for 60 or more days/yr. Community • System that regularly serves 15 or more year-round service connections, or 25 or more year-round residents (for 180 or more days/yr). Non -Transient (NTNQ Group B System that serves: • Less than 15 service connections AND • Less than 25 people/day OR • 25 or more people/day during fewer than 60 days/yr. Non -Community • Any system that is not a community system • System that serves 25 or more of the same people/day for 180 or more days/yr. Transient (TNQ System that serves: • 25 or more different people/day during 60 or more days/yr. OR • 25 or more of the same people/day for less than 180 days/yr and during 60 or more days/yr. OR • 1,000 or more people for two, or more, consecutive days. In addition, the County will review the CWSP and identify any inconsistencies with the existing Whatcom County Code (WCC) 24.11) and, where inconsistences are found, will either modify the CWSP to eliminate the inconsistency or will identify the inconsistency and include a recommendation to modify the code where the WUCC has deemed such modifications to be desirable as part of the implementation section (Section 9). Once the CWSP update has been developed by the WUCC, the Coordination Act requires that the CWSP update be submitted to the County Council for concurrence that the document is not inconsistent with local planning policies and requirements. The County Council is also required to hold at least one public hearing on the update. The CWSP is subsequently submitted to the DOH for approval. 2-2 C:\USERS\GSTOYKA\APPDATA\LOCAL\MICROSOFRWINDOWS\TEMPORARY INTERNET FILES\CONTENT.Outlook\J7Y5E2JW\Section_2_CWSP Process (2).docx WHAT U-01'1 Coordinated Water System Plan Process More than 80 percent of Whatcom County's 208,000 residents obtain their drinking water from public water systems subject to this CWSP. The remaining population obtains their potable water from private water systems and are not subject to this CWSP. This CWSP provides updated processes and strategies for Whatcom County water utilities to define their role in the program consistent with adopted land use policies and the County's projected 20-year population and employment growth strategy identified in the 2016 GMA Comprehensive Plan Update. The CWSP update represents the collective views of the WUCC and, although it is not the total and final water resource management plan for the County, it is a significant piece of the larger water resource and growth management strategy for the County. Existing municipal and non -governmental water suppliers (serving both urban and rural areas) are expected to provide water service to more than 90 percent of the new growth projected over the next 20 years. In preparing this 2016 CWSP update, a major goal was to achieve coordination between public water service and the County's 2016 GMA Comprehensive Plan Update. Among many of the GMA's provisions is the creation of urban growth areas (UGAs) within which urban densities and utility services are allowed. Outside the UGA, rural densities are specified. The County's 2016 GMA Comprehensive Plan Update anticipates that more than 80 percent of new growth over the next 20 years will be accommodated within cities and UGAs, with the remainder in rural areas. However, public water service and systems can either be urban or rural as defined in RCW 36.70A.030(17:20). Therefore, much effort was spent reviewing and revising water supply and service policies that support GMA and local land use policies. Key to this effort was projecting population and employment growth capacities for all the existing municipal and non- governmental (Group A) water suppliers (comprising both UGAs and non-UGAs), and comparing those population growth capacities (i.e., maximum potential demand) with their respective Ecology -approved water rights (supply) and DOH -approved system connection capacities. This coordination effort is highlighted in Section 3. Chapter 36.93 RCW established boundary review boards and identified their roles and authorities and includes Boundary Review Board (BRB) responsibilities in the extension of water and sewer service outside of existing service areas by a city, town, or special purpose district. These revisions were incorporated into Utility Service Review Procedures developed for the CWSP. RCW 70.116.050(4) lists several requirements for Coordinated Water System Plans: To insure that the plan incorporates the proper designs to protect public health, the secretary shall adopt regulations pursuant to chapter 34.05 RCW concerning the scope and content of coordinated water system plans, and shall ensure, as minimum requirements, that such plans: (a) Are reviewed by the appropriate local governmental agency to insure that the plan is not inconsistent with the land use plans, shoreline master programs, and/or developmental policies of the general purpose local government or governments whose jurisdiction the water system plan affects. (The 2016 CWSP has been reviewed by Whatcom County Planning and Development Services (PDS) and Whatcom County Health Department (WCHD) for consistency.) 2-3 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN C:\USERS\GSTOYKA\APPDATA\LOCAL\MICROSOFRWINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOKU7Y5E2J 0.4 SECTION 2 (b) Recognize all water resource plans, water quality plans, and water pollution control plans which have been adopted by units of local, regional, and state government. (The 2016 CWSP has been reviewed by PDS, WCHD, and WPW for consistency and the plan has been shared with, and reviewed by, the WRIA 1 Planning Unit. In addition, the CWSP identifies a number of issues with potential implications for water users in Whatcom County but defers to other planning efforts for the discussion and resolution of those issues (Sections 2 and 9). (c) Incorporate the fire protection standards developed pursuant to RCW 70.116.080 (Section 5). (d) Identify the future service area boundaries of the public water system or systems included in the plan within the critical water supply service area (Section 2). (e) Identify feasible emergency inter -ties between adjacent purveyors. (f) Include satellite system management requirements consistent with RCW 70.116.134 (Section 5). (g) Include policies and procedures that generally address failing water systems for which counties may become responsible under RCW 43.70.195 (Sections 5 and 6). For the purpose of this CWSP, Whatcom County (County) has committed to review the following plans to ensure that the CSWP update is not inconsistent with those plans: • Whatcom County Comprehensive Plan (including land use plans and adopted subarea plans, as applicable); • Whatcom County Shoreline Master Plan; • WRIA 1_ Watershed Management Plan; • 2005 WRIA 1 Salmon Recovery Plan; and • Total Maximum Daily Load studies (TMDLs). It should also be noted that Chapter 246-290 WAC, which is a regulation governing Group A public water systems, was updated several times subsequent to the 2000 CWSP update. This CWSP update has incorporated these changes and is consistent with the current content and requirements of Chapter 246-290 WAC. The CWSP is also required to be consistent with other related planning documents. 2.1 CWSP History in Whatcom County This CWSP update represents the third generation of CWSP efforts conducted by Whatcom County (County) since the early 1990s. Table 2-2 outlines the chronology of efforts to develop and approve a CWSP for Whatcom County. The County's original CWSP, completed in 1993, complemented other ongoing County activities to establish a cohesive strategy addressing water and land use issues throughout the CWSSA. Key issues at that time targeted the creation of procedures to define service areas and service responsibilities, eliminate the proliferation of 2-4 C:\USERS\GSTOYKA\APPDATA\LOCAL\MICROSOFIIWINDOWS\TEMPORARY INTERNET FILES\CONTENT.OuVook\J7Y5E2JW\Section_2_CWSP Process (2).docx WHAT, 382 Coordinated Water System Plan Process poorly managed water systems, establish minimum design standards, conduct inventories of system capabilities and water rights, and address regional water resources issues. The 1993 CWSP was submitted by the WUCC and accepted unanimously by the County Council. However, after submitting the CWSP to DOH, disputes arose with the Lummi Nation regarding how water resource issues on tribal lands were being addressed by the State and presented in the CWSP. In January 1995, the issue was directed by the Lummi Nation to the Governor's office for intervention. In March 1995, DOH notified the County that the CWSP could not be approved until issues with the tribe were satisfactorily resolved. Consequently, DOH never formally approved the 1993 CWSP although the County's Comprehensive Plan was prepared during this same period and was adopted in May of 1997. In 2000, Whatcom County prepared an update of the 1993 CWSP. The Whatcom County Council determined that the update was "not inconsistent with the land use plans, shoreline master programs and/or development policies" of the County and the update was approved by the DOH. Since its approval in 2000, the CWSP has been implemented with limited success. The CWSP is referenced in the County's Comprehensive Land Use Plan land use policies as a guiding document to address coordination of the provision of water service to UGAs. The CWSP map, a living document subject to ongoing revision, directs applicants seeking water supply to the most likely public water system available. The CWSP utility service review procedure has served to help coordinate review on land development proposals (including building permits and land division), ensuring water availability prior to issuance of project development permits. The 2000 update identified the WUCC as a key first step in the resolution of disputes related to conflicts between water customers and water utilities. However, the WUCC, although never formally disbanded, did not continue to meet, with the result that the dispute resolution process envisioned in the update did not come to fruition. In 2015, the WUCC developed a new dispute resolution process that is detailed in this document. 2-5 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN C:\USERS\GSTOYKAWPPDATA\LOCAL\MICROSOF'RWINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOKJ7Y5E2J 0:31 SECTION 2 Table 2-2 Chronology of Whatcom County CWSP Effort Date Action November 1, 1990 The Whatcom County Council adopted a resolution establishing a Critical Water Supply Service Area (CWSSA) for the purpose of initiating the development of a Coordinated Water System Plan. June 22,1993 Whatcom County Counci I voted unanimously to adopt the CWSP. Lummi Nation protests County's SEPA determination of non -significance (DNS) due to dispute over tribal water right August 2,1994 claims and jurisdiction on reservation. Whatcom County Comprehensive Plan (GMA) approved by the County Council, but appeals filed. CWSP remains May 20,1997 unapproved by DOH due to ongoing Lummi negotiations and current invalidation status of the Whatcom County Comprehensive Plan (GMA). January 30,1998 Whatcom County submits scope of work to DOH and requests funding to update the 1993 CWSP. October 28,1998 Whatcom County begins update of the unapproved 1993 CWSP. August 7, 2000 DOH approves the 2000 update of the CWSP for Whatcom County. August 1, 2014 Whatcom County commences update of the approved 2000 CWSP document. Whatcom County Council approves resolution 2014-045, commencing the Coordinated Water System Plan Update September30,2014 Process, re-establishing the CWSSAwith the same boundaries as before, and identifying several specific issues to be addressed. November 5, 2014 The first meeting of the WUCC is convened to begin the CWSP update process. RH2 file sharing site established for posting of material for WUCC review. December 17, 2014 WRIA 1 Planning Unit briefed on the scope and schedule of the CWSP update project. WUCC meeting. Chair and Vice -Chair selected. Draft of updated service area map reviewed and discussed. January 21, 2015 Standards/Fire Flow subcommittee initiated. County to assemble a group to discuss utility service review procedures. February 18, 2015 The water rights appendix was provided to the WUCC for review and comment. Standards/Fire Flow working group was established. February 23, 2015 The Uti I ity Service Review Procedures (USRP) worki ng group met for the fi rst ti me. February 25, 2015 Design Sta ndards/Fi re Fl ow worki ng group met for the first time. March 13, 2015 Design Standards/Fire Flow and USRP working groups meet. The updated water rights appendix was presented to the WUCC, the updated service area map was presented, and April 15, 2015 the WUCC was updated on the work of the USRP group and the Design Standards/Fi re Flow working group, which includes a representative from the County Fire Marshal's Office. April 21, 2015 Design Standards/Fire Flow and USRP working groups meet. WUCC voted to approve the section on Receivership of Failing Systems. Section 8, issues with Potential Implications for Public Water Systems in Whatcom County, was discussed. WUCC was updated on the work of the May 20, 2015 USRP and Design Standards/Fire Flow working groups. The WUCC was briefed on the water demand table and accompanying map. Design Standards/Fire Flow and USRP working groups meet. June 10, 2015 Design Standards/Fire Flow and USRP working groups meet. June 25, 2015 USRP working group meets. July 30, 2015 USRP working group meets. Section 0, Glossary of Acronyms and Terms, was approved by the WUCC. Section 2, the CWSP Process was approved August 19, 2015 by the WUCC. Section 8, Issues with Potential Implications for Public Water Systems in Whatcom County, was approved by the WUCC. October 21, 2015 Section 5, Minimum Design Standards, was approved by the WUCC. The WUCC was updated on the status of the USRP section revisions. Section 9, Plan Implementation, was discussed with the WUCC. Section 3, Population, Water Demand, and Existing Systems, was approved by the WUCC. Section 4, Water Utility December 16, 2015 Service Areas was approved by the WUCC. Section 6, Water Utility Service Areas was approved by the WUCC. February 17, 2016 Section 1, Introduction and Section 9, Plan Implementation were approved by the WUCC. The WUCC approved the final update of the CWSP Regional Supplement document for submittal to the Whatcom April20,2016 County Council. 2-6 C:\USERS\GSTOYKA\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.Outlook\J7Y5E2JW\Section_2_CWSP Process (2).docx WHAT, 00i Coordinated Water System Plan Process 2.2 CWSP Update Preparation The Coordination Act provides that updates or revisions to coordinated water system plans may be initiated by the county legislative authority at any time [RCW 70.116.060(6)]. During the 15 years following approval of the County's CWSP, changing conditions in regards to water resource, water supply, and land use planning all suggested that a review and update of the CWSP would benefit the County. On September 30, 2014, the Whatcom County Council approved Whatcom County Resolution No.2014-045, and by this action initiated an update to the County's 2000 CWSP. This resolution re -confirmed the boundaries of the CWSSA established under Resolution No. 91-075, which includes all lands in the county west of the National Forest boundary, excluding certain tribal lands on the Nooksack and Lummi Indian reservations. Whatcom County's Resolution 2014-045, initiating the CWSP update, identifies the following areas for review: 1. Water demand forecasting consistent with the 2016 update of the County's Comprehensive Plan (Section 3); 2. A review of minimum design standards for water systems, including emergency interties and fire flow requirements (Section 5); 3. A review of service area boundary designations and identification of contested service areas (Sections 3 and 4); 4. A review of the utility service review procedure (Section 6); 5. A review of policies regarding satellite management agencies (Section 6); 6. A review of water quality issues, but not necessarily limited to, nitrate contamination issues (Section 8); 7. Terms of the Lummi Peninsula groundwater settlement agreement (Section 8); 8. Incorporation of provisions of the state Municipal Water Law of 2003, including water use efficiency measures (Section 8); and 9. Coordination, identification, and provision for specific links with other water resource management efforts, including but not necessarily limited to the WRIA 1 Watershed Management Project, in order to ensure efficient use of time and funding, and consistency of use of parameters such as per capita water use rates, and to avoid overlap and duplication of effort (Sections 2 and 9). The Whatcom County Council chose, in September 2014, to begin this update of the CWSP for a number of reasons, one being that the timing presented an opportunity to coordinate water supply planning with GMA requirements for periodic review and update of Whatcom County's Comprehensive Land Use Plan, scheduled for completion in 2016. This update recognizes all water resource plans, water quality plans, and water pollution control plans which have been adopted by units of local, regional, and state government. Special emphasis is given to the County's Watershed Resource Inventory Area 1 (WRIA 1) Watershed Management Plan Phase I, adopted in 2005, because an update to the CWSP is listed as a task in one of its implementing strategies. One of the implementing strategies of this plan, adopted in 2010, includes what is commonly known as the "Lower Nooksack Strategy." The 2010 Lower Nooksack Strategy, Objective 3, Task 3 specifically calls for an update to Whatcom County's 2-7 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN C:\USERS\GSTOYKAWPPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOKU7Y5E2J 4 M SECTION 2 Coordinated Water System Plan "...to be used as the basis for furthering the completion of a comprehensive water supply plan..." The County Council further resolved to seek input from the WRIA 1 Planning Unit at the outset of the update process. A final draft of the updated CWSP will be submitted to the WRIA 1 Planning Unit prior to its approval by the County Council. DOH also requested that special emphasis during this update be centered on revising the appeals process, updating the utility service review procedures (USRP), and coordinating with the Lummi Nation to accurately reflect details of the settlement agreement for the Lummi Peninsula area of the Lummi Reservation. Whatcom County authorized RH2 Engineering, Inc., (RH2) to begin work to update the CWSP on October 1, 2014. In addition, the 2016 update, like the 2000 CWSP Update, is intended to reaffirm the benefit and successes of the coordination process and addresses a broad portion of the County to include areas experiencing, or expected to experience, increased growth and water demands. As with the previous versions of the CWSP, the intent is to facilitate the coordinated provision of water service and provide a structured approach to this element of water resource management throughout the County in a manner consistent with local land use policies and regulations. Mr. Patrick Sorensen of the Lake Whatcom Water and Sewer District and Mr. Larry Helm of the Y-Squalicum Water Association were selected by the WUCC as chair and vice chair, respectively. Decisions requiring a vote of WUCC members were decided by a majority of the voting members present, as required by statute. Table 2-3 lists those systems eligible and invited to participate as voting members on the WUCC and whether the system has a current Declaration of Water Utility Service Area on file with the County. Table 2-3 serves a number of purposes, including the following: • Identifies for each utility its compliance with submitting a declaration, and the planning requirements of the CWSP; • Assists the County and DOH in their review of the CWSP for consistency with County policies and state statutes and regulations; and • Directs County and DOH attention to those utilities that must satisfy basic CWSP planning requirements before system improvement and/or expansion of service takes place. Declaration of Water Utility Service Area To ensure a high degree of CWSP compliance, the WUCC maintains that: • All water utilities who have not done so, should immediately complete and file a declaration and associated service area map with the County; and • Failure to have a declaration and an approved and current WSP on file with Whatcom County Planning and Development Services (PDS) and DOH may result in delays of approvals for proposed system expansions. As WSPs are reviewed by the County for consistency with land use plans and receive DOH approval, they will be administratively included within the adopted CWSP. C:\USERS\GSTOYKA\APPDATA\LOCAL\MICROSOFr\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OutlookU7Y5E2JW\Seclion_2_CWSP Process (2).docx WHAT 386 Coordinated Water System Plan Process Due to the importance of tracking the status of these utilities, the PDS will be responsible for updating the service area maps and Table 2-3. The GIS files used to develop the base map and all service areas are available at the County for this purpose. Any changes to service areas boundaries will follow the procedure established in Section 4. Table 2-3 WUCC Membership Water Facility Utility Identification (WFI) Declaration of WUCC Member Systems (>50 connections) No. Group Type On Map Water Utility Acme Water District No. 18 00250 A Comm Yes Yes Aldergrove Water Association 01200 A Comm Yes Yes Belfern Water Association 05370 A Comm Yes Yes Bell Bay Jackson Water Association 05450 A Comm Yes Yes Bellingham Water Division, City of 05600 A Comm Yes Yes Berthusen Road Water Association 05875 A Comm Yes Yes Birch Bay Water and Sewer District 95904 A Comm Yes Yes Blaine, City of 07300 A Comm Yes Yes Central City Water Association 12150 A Comm Yes Yes Chuckanut Trails Water Association 01383 A Comm Yes Yes Columbia Valley Water District 66110 A Comm Yes Yes Custer Water Association 17050 A Comm Yes Yes Deer Creek Water Association 18418 A Comm Yes Yes Deer Creek Water Association/Guide South AB912 A Comm Yes Yes Delta Water Association 18750 A Comm Yes Yes Deming Water Association 18800 A Comm Yes Yes Evergreen Mobile Park & Sales 24151 A Comm Yes Yes Everson Water Association 24195 A Comm Yes Yes Everson, City of 24200 A Comm Yes Yes Ferndale, City of 24850 A Comm Yes Yes Ferndale Mobile Village 24840 A Comm Yes Yes Glacier Springs Water System 27755 A Comm Yes Yes Glacier Water District 95915 A Comm Yes Yes Glenhaven Lakes Club 28050 A Comm Yes Yes Guide Meridian Water Association 30200 A Comm Yes Yes Hemmi Road Water Association 32350 A Comm Yes Yes Hilltop Water Owners Association 33364 A Comm Yes Yes Isle Aire Beach Association 36268 A Comm Yes No Joe Louie Water Association 29014 A Comm Yes Yes Lake Samish Terrace Park 44540 A Comm Yes Yes LISECC 43290 A Comm Yes Yes LWWSD - Eagleridge 08118 A Comm Yes Yes LWWSD - South Shore Water System 95910 A Comm Yes Yes Lynden Water Department 49150 A Comm Yes Yes Mantheys Country Mobile Park 50900 A Comm Yes Yes Maple Falls Water Coop 51100 A Comm Yes Yes Meadowbrook Water Association 53250 A Comm Yes Yes Mount Baker Water Association 56500 A Comm Yes Yes Mountain View Water Association 56900 A Comm Yes Yes 2-9 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN C:\USERS\GSTOYKA\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\J7Y5E2J 387 SECTION 2 Table 2-3 WUCC Membership (Continued) Water Facility Utility Identification (WFI) Declaration of WUCC Member Systems (>50 connections) No. Group Type On Map Water Utility Neptune Beach Water Association 58950 A Comm Yes Yes Nooksack Valley Water Association 59850 A Comm Yes Yes Nooksack Water Department 59800 A Comm Yes Yes North Star Water Association 61350 A Comm Yes Yes Northwest Water Association 62000 A Comm Yes Yes Old Settlers Water Association 63350 A Comm Yes Yes Orchard Water Association 64150 A Comm Yes Yes Paradise Park Water System 66116 A Comm Yes Yes Percie Road Water Association 67020 A Comm Yes Yes Point Roberts Water District 4 95750 A Comm Yes Yes Pole Road Water Association 68350 A Comm Yes Yes Raspberry Ridge Water Association 27613 A Comm Yes Yes Rathbone Park Water Association 71290 A Comm Yes Yes Roederland Water Association 73750 A Comm Yes Yes Sandy Point Improvement Company 76105 A Comm Yes Yes Skookum Chuck Water Association 79800 A Comm Yes Yes Sumas Rural Water Association 84850 A Comm Yes Yes Sumas Water Department 84870 A Comm Yes Yes Sunset Water Association 86200 A Comm Yes Yes Valley View Water Association 91000 A Comm Yes Yes Wahl Water Association 92150 A Comm Yes Yes Whatcom County Water District No. 2 95700 A Comm Yes Yes Whatcom County Water District No. 7 95900 A Comm Yes Yes Whatcom County Water District No. 13 95914 A Comm Yes Yes Y-Squalicum Water Association 99550 A Comm Yes Yes 2.2.1 Coordination with the Growth Management Act Water Supply and Land Use Planning Meet The Coordination Act, enacted by the Washington State 'legislature in 1977, predates the estate's 1990 GMA. The Coordination Act and its implementing rules follow a general trend of law making in the late 1960s and early 1970s in response to the environmental movement. During this time, many environmental laws were enacted at state and national levels to preserve, protect, and enhance environmental resources for the use and enjoyment of future generations. Although original enactment of these two laws is separated by a period of 13 years, they continue to complement one another. They each provide regulatory authority and direction to local governments to employ an intentional approach that considers water resources, water quality, and water quantity when developing goals, policies, and regulations that apply to land use and development, and capital facility planning for the region. A goal of the Coordination Act is to provide for an adequate supply of potable water for consumptive use while recognizing that water supplies are finite and variable within the County and must be used efficiently. A second goal is to ensure that an adequate supply of water is readily available to serve projected growth and land uses. These goals represent a nexus between water supply planning and land use planning. Growth strategies must take into account the availability of water when conducting land suitability and capacity assessments, acknowledging 2-10 C:\USERS\GSTOYKA\APPDATA\LOCAL\MICROSOFr\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.Outlook\J7Y5E2JW\Sedon_2_CWSP Process (2).docx WHAT, U:1:7 Coordinated Water System Plan Process existing uses, allocating population or employment, or assigning density or scale and intensity of planned uses in any geographic area. Land use planning coordinated with water supply planning ensures predictability for both the water utility and the developer. When land use and water supply planning are coordinated, water utilities may develop long-range financial, technical, and operational plans with regards to capacity in accordance with planned land use. This coordination, when documented in a CWSP including individual WSPs provide developers with some degree of certainty as to whether or not water service may be available in the course of a development process and provides greater transparency and efficiencies to all involved parties. The Growth Management Act (GMA) [Chapter 36.70A RCWJ The GMA directs Washington counties and cities of a certain size that are growing at a certain rate to adopt comprehensive land use strategies (RCW 36.70A.040). Whatcom County and the seven cities within its boundaries are subject to the GMA's provisions. The GMA, codified in Chapter 36.70A RCW, with rules in Chapter 365-196 WAC, directs jurisdictions that are required to fully plan under the GMA to adopt internally consistent land use plans, generally referred to as a comprehensive plan. These plans contain generalized land use policy statements that guide and coordinate orderly growth and development based on a 20-year vision for the region. GMA planning goals are broad guiding principles that are applied locally to meet the unique needs of each community. GMA planning goals are implemented through locally - adopted comprehensive land use goals, policies, and implementing regulations; for example, zoning, critical areas, shorelines, watershed, and resource protection ordinances. The GMA requires counties planning under the act to designate lands that are most suitable for rural, natural resource (e.g., mineral, forestry, and agricultural), urban, commercial, industrial, recreation, and open space, and to set goals and policies in a comprehensive land use plan that direct and guide development on such lands in a way that is coordinated, orderly, and internally consistent. The Whatcom County Comprehensive Plan Land Use Map, including urban growth areas and associated land use designations is shown in Figure 2-1. Because most land use depends on water, when reviewing geographies for land use suitability, the availability of water for the type of uses planned must be considered. When planning under the GMA, local jurisdictions must designate and accommodate critical areas, including Critical Aquifer Recharge Areas (CARA), which are defined as "areas with a critical recharging effect on aquifers used for potable water" [RCW 36.70A.030(5)]. Accordingly, local jurisdictions must adopt provisions that protect both the quality and quantity of groundwater used for public water supplies, protect groundwater and surface water resources in rural areas, protect and enhance shorelines of the state, and protect critical areas. As stated above, the GMA requires counties planning under the act to develop a comprehensive land use planning strategy to ensure orderly growth and development. Whatcom County and the seven cities within the County develop and adopt comprehensive land use plans and development regulations. These must be reviewed, evaluated, and amended periodically to ensure that these plans are internally consistent and consistent with one another. Whatcom County's Comprehensive Plan policies and County -wide planning policies identify implementation of the CWSP as one of its strategies to achieve compliance with GMA goals that address water resources, water quality, and water supply planning. 2-11 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN C:\USERS\GSTOYKA\APPDATA\LOCAL\MICROSOFRWINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOKU7Y5E2J 0 SECTION 2 Whatcom County's 2016 Comprehensive Plan Update includes a variety of strategies to address water resources and water supply, which are discussed in Chapter 2 — Land Use, Chapter 4 — Capital Facilities, Chapter 5 — Utilities, Chapter 7 — Economics, Chapter 8 — Resource Lands, and Chapter 11 — Environment. Whatcom County Comprehensive Plan Chapter 11 contains a thorough discussion on the various water resource planning strategies adopted and/or endorsed by the County. Whatcom County Comprehensive Plan — Growth Management Compliance A discussion about coordination between water supply planning and GMA land use planning would not be complete without mentioning that since its enactment in 1990, implementation of the GMA across jurisdictions statewide has resulted in numerous appeals to the Washington State Growth Management Hearings Board and higher courts requesting clarity on how its provisions should be interpreted and applied. When there is a legal challenge to county or city compliance with the GMA that results in a Growth Management Hearings Board Final Decision and Order of Invalidity (Order), this can have an effect on both land use and water supply to the area that is subject to the Order, both during the timeframe when the legal issues are being resolved and after. Such an Order results in restrictions to land use, especially new development, because the local comprehensive plan and implementing regulations are considered invalid until resolved and the Order is lifted. The result is that during the time period when a part of the GMA comprehensive plan is subject to the Order, there is a lack of local authority in which to approve proposed land uses (RCW 36.70A.302). In some cases, the timeframe for resolving legal issues may span many years. In coordinating land use and water supply planning, the potential for legal challenges with respect to GMA land use implementation strategies may present uncertainties, requiring increased coordination and information sharing with respect to any proposed development in the affected areas. 2.2.2 Water System Service Areas Each utility was requested through correspondence, and during the WUCC meetings, to submit a map and Declaration of Water Utility Service Area (Declaration) that verified its service area boundary. The Declaration signifies that the utility is willing and able to provide service within that area unless regulatory constraints preclude it from doing so. All changes were incorporated in GIS and are included in the County's map which is shown in Figure 2-2 which is located at the end of this Section. Each water system was asked to review its service area and confirm the boundary was consistent within the CWSP and its individual WSP. Upon completion of the CWSP, the DOH has the authority to deny extension requests for expanding systems with inconsistent service area boundaries, or if Declarations have not been submitted. Detailed discussions regarding service areas, their designation, and the implications of those designations are included in Section 4, and Section 6. 2.2.3 Minimum Design Standards The design standards and fire flow requirements developed in the 1993 CWSP were reviewed by the Design Standards and Fire Flow Subcommittee and the WUCC. The Whatcom County Fire Marshal participated in the work of the subcommittee. 2-12 C:\USERS\GSTOYKA\APPDATA\LOCAL\MICROSOFT\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.Outlook\J7Y5E2JW\Sedon_2_ CWSP Process (2).docx WHAT, Coordinated Water System Plan Process Section 5 provides guidance on minimum planning and design standards that apply to water service delivery, assessment of feasibility of shared source, transmission, storage facilities, interties and emergency interties between systems, and system reliability. Section 5 also includes minimum standards for fire flow, minimum standards for fire hydrants, and addresses alternate methods for fire protection that are developed pursuant to RCW 70.116.080. It should be noted that the DOH encourages standard construction specifications be developed by each utility and submitted as part of their individual WSP. 2.2.4 Utility Service Review Procedure RCW 19.27.097 and WCC 24.11.060 require that each application for a building permit necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. A primary goal of the Coordination Act is to provide both guidance and "a strategy to ensure an adequate supply of potable water for domestic, commercial, and industrial uses is readily available with a minimum of loss or waste." The Utility Service Review Procedure (USRP) is discussed in Section 6. The USRP describes the various options for obtaining water service within the CWSSA when public water is readily available and also when public water service is not readily available (e.g., if a public system exists but is not able to serve in a manner that is "timely and reasonable," or when a public water system (municipal water supplier) is not subject to a "duty to serve" in its retail service area, or when no public water system is available). The USRP details specific steps that apply when establishing remote systems, satellite management systems, and private wells. Section 9, Plan Implementation, provides a path to a voluntary dispute resolution process when there are differing opinions between either the County, the water purveyor, and/or the applicant, developer, or project proponent as to what constitutes delivery of water service in a "timely and reasonable" manner, a water purveyor's "duty to serve," or when the County Health Department has denied an applicant's request to drill a private well. The first step consists of a voluntary pre -hearing conference where information sharing, negotiation, and agreement can take place and, if this is unsuccessful in resolving the problem, a process is outlined where an aggrieved party may request resolution to a dispute utilizing the appropriate existing process. Under current law, disputes regarding service in retail service areas are resolved in Superior Court. Disputes regarding water service in future service areas are resolved by a process beginning with the County Hearing Examiner, followed by the County Council, and Superior Court appeals system. The intent of the voluntary dispute resolution process is to develop a locally -driven, less expensive and, hopefully, faster way of resolving disputes. Details of this process are included in Section 9. The revised USRP are revised in Section 6. 2.2.5 Issues with Potential Implications for Public Water Systems in Whatcom County Several issues with potential implications for public water systems in Whatcom County are discussed in Section 8. Topics addressed include the Lummi Peninsula Groundwater Settlement; 2-13 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN C:\USERS\GSTOYKA�APPDATA\LOCAL\MICROSOFF\WINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOK\J7Y5E2J 0711 SECTION 2 tribal requests to the federal government regarding their claimed federal reserved water rights; an overview of the water right approval process, including alternative means of water rights processing such as the cost -reimbursement process; water conservancy boards; the use of certified water rights examiners to prepare "proof exams" to move water right permits to the certificate stage; the ability, under certain conditions, to drill new or replacement wells without obtaining prior approval from Ecology; and the municipal water law. Other elements of the regional resource issues include discussions regarding the financial viability of small systems; bacteriological contamination; the presence of nitrates, arsenic, iron, and manganese in drinking water; seawater intrusion; relic saltwater; the search for productive deep wells; the presence of volatile organics and pesticides; data needed for management of both water quantity and quality; the presence or lack of joint facilities and system interties; water conservation and efficiency, including the water use efficiency requirements embodied in the municipal water law; and reclaimed water. 2.2.6 individual Water System Mans The DOH rules (Chapter 246-290 WAC) require that certain categories of public water systems shall develop a WSP for review and approval by DOH. One listed category is public water systems required to develop water system plans under the Public Water System Coordination Act of 1977, Chapter 70.116 RCW and Chapter 246-293 WAC. Elements of the WSP are to be based upon a 20-year planning period, with identification of specific improvements and a financial program for the first 6 years. The purveyor is to update the plan at least every 6 years. However, the DOH may require a plan submission or update at any time. In 2014, DOH announced plans to implement a more flexible and tailored approach to the development of comprehensive water system plans. While the plans still will need to look at planning horizons of 6 and 20 years, systems will now have the option of working with DOH to determine the appropriate interval between plan updates rather than being locked into an update every 6 years. For example, if a system is relatively stable, the system could propose to extend the period to an update every 10 years. The planning requirements are determined by the DOH and vary for utilities based upon their expansion plans, size, and intent for satellite management. In the preparation or update of their plan, systems must address issues relating to their consistency with the CWSP, including: • Map of service area; • Signed service area agreement; • Population and water demand projections; • Design standards; • Implementation of utility service review procedure; • Satellite management policies and procedures, if a utility intends to provide services; and • Receivership policy. 2-14 C:\USERS\GSTOYKA\APPDATANLOCALNMICROSOFRWINDOWS\TEMPORARY INTERNET FILES\CONTENT.Outlook\J7Y5E2JW\Sedon_2_CWSP Process (2).docx WHAT, 392 Coordinated Water System Plan Process All systems are to coordinate with DOH to determine the extent of water system planning requirements and their appropriate submittal date. 2.3 Regional Supplement This CWSP update has been prepared under the provisions of WAC 246-293-220, which allows for a CWSP that consists of. 1) a compilation of WSPs approved by DOH; and 2) a supplement (this document) that addresses water purveyor concerns relating to the entire CWSSA. All completed WSPs of the individual utilities referenced herein are on file with DOH or the County. The review and approval procedure for this document is outlined in Section 9. 2-15 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN C:\USERS\GSTOYKA\APPDATA\LOCAL\MICROSOF'RWINDOWS\TEMPORARY INTERNET FILES\CONTENT.OUTLOOKU7Y5E2J i6'Ii? 394 Section 3 - Population, Water Demand, and Existing Water Systems 395 396 Section 3 - Population, Water Demand, and Existing Water Systems 3.0 Introduction Washington State has given certain mandates on land use plans and utility services to individual counties as part of the Growth Management Act (GMA). The link between growth management and responsible water resource management for Whatcom County (County) exists when population and industrial/agricultural/fisheries water demands occur simultaneously. As the County population continues to grow, the demand for water will increase, as will the competition for water from the various out of stream and instream uses. The County places a high priority on water resources management to ensure a secure and sustainable supply of water for all future uses. This Coordinated Water System Plan (CWSP) update is one part of the County's comprehensive water resource management efforts. 3.1 Population Forecasts As required by Revised Code of Washington (RCW) 36.70A.110, the Washington State Office of Financial Management (OFM) developed a range of population projections for the County and its cities (including their urban growth areas (UGAs)) from 2013 through 2036. The GMA requires the County to plan for population growth that is consistent with OFM population projections. The County's Draft 2016 Comprehensive Plan presents a population projection of 275,625 people in 2036, which is within OEM's range of projections. The County and each city plan for the distribution of this growth within and outside of the UGAs through the comprehensive planning processes. For this CWSP, population projections over the planning period were developed by linear interpolation of the County's distribution of the existing and projected population presented in the Draft 2016 Comprehensive Plan. The County's population estimates developed for the Draft 2016 Comprehensive Plan are shown in Table 3-1. The projections in Table 3-1 indicate that the proportion of the County's population that resides in urban areas is expected to increase from approximately 68 percent in 2013 to 72 percent in 2036. 3-1 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAMFINAL\SECTION_3_POPULATION WATER DEMAND AND EXISTING SYSTEMS.DOCX Mob SECTION 3 Table 3-1 Population by County Areas Estimated 2013 Population Forecasted 2036 Population (cities include Urban Growth Areas) (cities include Urban Growth Areas) Bellingham 92,660 123,710 Birch Bay 7,540 13,040 Blaine 5,171 9,585 Columbia Valley 3,103 4,448 Everson 2,665 3,907 Ferndale 12,758 19,591 Lynden 12,872 19,275 Nooksack 1,435 2,425 Sumas 1,449 2,323 City/UGA Total 139,653 198,304 Unincorporated a com County Non UGA 66,147 77,321 Whatcom County 205,800 275,625 Grand Total Source: Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Areas Review, Final EIS, November 2015, BERK Consulting. Note: The Cherry Point UGA population of 43 people is included in the Unincorporated Whatcom County Non UGA popuation. No additional population growth is anticipated in the Cherry Point UGA. Longer term projections, up to 50 years into the future, are made in this CWSP update to plan for future water supply needs. The average annual growth rates presented by the OFM were used to develop the three population projections shown in Table 3-2. Each population projection applies an annual growth rate of either 0.4 percent (low projection), 1.3 percent (medium projection), or 2.1 percent (high projection) to the population data presented in Table 3-1 to project future population growth to the year 2065. Table 3-2 County -wide Population Forecast 2015 2020 2030 2040 2050 2060 2065 Low Projection 212,300 216,500 225,400 234,500 244,100 254,000 259,200 Med. Projection 212,300 226,400 257,600 293,200 333,600 379,600 404,900 High Projection 212,300 235,500 289,900 356,900 439,300 540,800 600,000 While future uncertainties exist, for water planning purposes, the medium projection will be utilized as the forecast or most likely scenario. Table 3-3 shows the estimated distribution of population in urban and rural areas. The values in the table were developed by linear interpolation of the change in the County's ratio of urban to rural population shown in Table 3-1. For years beyond 2035, it is assumed that the proportion of people who will reside in urban areas will continue to increase. It is the intent of the policies in the Draft 2016 Comprehensive Plan Update to encourage a greater share of urban growth in the future. 3-2 J:\DATA\WCPk414-06SPLAMFINAL\SECTION_3_POPULATION WATER DEMAND AND EXISTING SYSTEMS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN K0'1-07 Population, Water Demand, and Existing Water Systems Table 3-3 Urban and Rural Distribution for Population Projections Land Use 2015 2020 2030 2040 2050 2060 2065 Urban 144,064 155,895 182,645 213,747 248,586 286,701 306,897 Rural 68,236 70,505 74,955 79,453 85,014 92,899 98,003 Total 212,300 226,400 257,600 293,200 333,600 379,600 404,900 It should be noted that the U.S. Bureau of the Census is projecting that the United States, as a whole, will grow less than 1 percent per year between 2015 and 2060. Growth rates in the County have been higher than the nation over the last 40 years. The Census Bureau also projects that the nation's rate of population increase will be declining between 2015 and 2060. Extrapolating the County's historical growth rates does not take into account changes that could take place in future trends. Therefore, population projections should be monitored closely and revised every 5 years to incorporate the most recent data. Additionally, a more sophisticated projection technique that incorporates trends in specific components of change (birth, death, and migration rates) could be employed in the future. 3.2 Water Demand Forecasts 3.2.1 Current and Future Demand Forecasts Planning for future water supply needs requires demand projections for both short- and long-term. Short-term projections are generally necessary to define capital improvements anticipated in the near fixture. Such improvements require lead time for financing, design, and construction. Long-term forecasts are necessary to quantify probable water resource requirements, including identifying and sizing long-range supply facilities, acquiring water rights, and managing water resources necessary to meet fixture demands. The time required to plan and develop water sources and systems is such that short-term planning is for a period of 20 years (consistent with GMA 20-year planning requirements), and long-term planning must consider a 50-year horizon. This is much further into the future than land use plans generally project development. In contrast, however, the current key issues of water supply in the County were created by actions taken in the late 1800s and early 1900s. Population growth and competing uses for water resources are the most influential factors on future water demands. Not only does the magnitude of fixture population have an impact, but the location of new population centers will greatly affect delivery of fixture water supplies. Therefore, water supply and systems must be coordinated with, and based on, population growth according to approved land use plans and policies. 3.2.2 Current and Future Water Consumption Data The existing water use for most Group A community public water systems was obtained by reviewing the annual water use efficiency reports that were submitted to the Washington State Department of Health (DOH). The metered annual supply volume from the reports was divided by the number of existing connections identified by DOH to calculate each system's annual average use per connection. 3-3 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAMFINAL\SECTION_3_POPULATION WATER DEMAND AND EXISTING SYSTEMS.DOCX 399 SECTION 3 Table 3-4 presents the range and average daily water consumption per connection for both urban and rural Group A public water systems in the County. For the purposes of this analysis, urban water systems are defined as systems serving the primary urban population centers in the County, as identified in Table 3-1. Water systems not serving the UGAs listed in Table 3-1 are defined as rural water systems. Rural water use discussed in this section is associated with rural public water systems and does not encompass all water use that occurs outside of urban population centers and incorporated portions of the County. Rural water use has the largest range in customer supply needs due, in part, to the mix of residential, commercial, and agricultural connections present in many of the systems. Water consumption data are from either 2013 or the most recent data set available at the time of this CWSP update. As shown in Table 3-4, there is a large range in water consumption per connection for the water systems throughout the County. This is due to the wide range in connection types, from individual single-family services to dairies or large industrial customers who may only be served by one connection. Table 3-4 Water Consumption for Group A Community Water Systems Water System Category Range Average Daily Use (gal/conn/day) (gal/conn/day) Urban 125 to 918 309 Rural 38 to 2,191 258 Table 3-5 summarizes the water demands for Group A community public water systems in the Critical Water Supply Service Area (CWSSA) in 2015 and at full buildout, based on current zoning and land use classifications. It should be noted that the analysis did not look at areas that may not be buildable due to slope, soil type, sensitive areas, etc. with the result that the full-buildout scenario essentially represents a "worst -case" build -out condition. Due to the lack of metering data available for Group B public water systems, they are not included in this analysis. Using GIS data, based on water system service areas defined in April 2015, the County estimated an additional number of connections for each system, representing full build -out conditions (� t� conditions 1V �n accordance dalls✓e VJlll'1 the zoning densities within each water service area boundary. Each system's average consumption per connection was applied to the additional connections at full buildout and added to the existing system demands to estimate the buildout demands. For systems with high water use per connection, the future consumption per connection for additional connections was assumed to be 350 gallons per days, with the assumption that most future development will be residential in nature with few new high water use connections. Although metering data is generally not available for Group B and private water systems, county population figures suggest that approximately 41,741 people are supplied water by private wells (2015 County Population [212,300] minus the 2015 Group A and B population [170,559] people yields 41,741 people on private wells). Dividing that number by the County average of 2.56 people per connection means that there are approximately 16,305 well connections. Assuming average L As shown in Table 3-4, average daily urban water use is 309 gallons per connection per day and average daily rural water use is 258 gallons per connection per day. The value of 350 gallons per connection per day was selected as a conservative assumption for future uses. 3-4 J:\DATAkWCP'414-065\PLAMFINALkSECTION-3-POPULATION WATER DEMAND AND EXISTING SYSTEMS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN Population, Water Demand, and Existing Water Systems water use of 350 gallons per connection per day (0.39 acre-feet per year), private well water use accounts for approximately 6,360 acre-feet of water use per year. Table 3-5 County -wide Water Demands for Group A Community Public Water Systems Average Daily Demands in Million Gallons per Day (MGD) System Classification Existing (2015) Buildout Urban 14.8 39.4 Rural 4.8 6.0 County -wide 19.6 45.4 Note: Buildout represents estimated year 2065 data for urban systems and build -out demands for rural systems. 3.3 Water Right Capacity Analysis In evaluating public water systems and their ability to provide water to their customers now and in the future, there are several factors that must be considered. Many of these factors are addressed by the DOH Water Facilities Inventory process, which considers the capacity of the system, the number of existing connections, and the number of approved connections for future use. As part of the Comprehensive Plan development, the County is evaluating projected population and must allocate the forecasted population growth to locations within the County. When the County identifies an anticipated population increase in a specific area, it is important to determine whether the public water system slated to serve that population can, in fact, provide that service. A key component of that determination is an analysis of each system's water rights, including existing intertie agreements, compared to their existing and future water demands. A water rights capacity analysis was conducted to compare each water system's existing water rights, and/or existing intertie agreements, against current and anticipated future demands. Both the existing and build -out water demands for each system, as described in the previous section, were compared against their respective annual water rights (Qa) in an effort to determine whether systems are projected to meet their future requirements, have surplus water, or have insufficient future water rights. No comparison was made between peak demand and instantaneous water rights (Qi). The results of this analysis are summarized in Table 3-6 and depicted in the map in Appendix 1, which also includes the table from which the summary in Table 3-6 is derived. Based on the results of the water rights analysis (which take into account existing intertie agreements), the existing and projected population, and the historic and projected water demand, a water rights status for each Group A community public water system is assigned on Figure 3-1. The total annual water rights held by Group A community public water systems in the CWSSA and the buildout demands are shown in Table 3-7. This analysis is planning level in nature to help identify potential problem areas and does not represent a determination of the legal status of any water right. Analyses prepared in the individual water system plans will be more accurate and should be utilized if available. 3-5 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAMFINAL\SECTION_3_POPULATION WATER DEMAND AND EXISTING SYSTEMS.DOCX R'ff SECTION 3 Table 3-6 Group A Community Public Water Systems Water Right Capacity Analysis Summary Table Number of Water Right Status' Systems Description Currently Exceeding Water Right 6 Water rights are insufficient to meet current Limits demand. Projected to Exceed Water Right Limits at Full Buildout Enough Water Rights to Meet Current and Future Projected Water Demand More Water Rights than Current and Future Projected Water Demand 16 Water rights may be insufficient to meet projected demand at full buildout. 15 Water rights are satisfactory to meet current and future projected water demand at full buildout. 53 Water rights exceed the current and future projected water demand (i.e., surplus water may be available). No Data on System Water Use 12 No data available. ' In this table, the water right status includes not only water rights held by the system, but also intertie agreements currently in place for receipt of water from other systems. Any water included as part of an intertie agreement was subtracted from the water available to the system providing the water to meet its own projected demand. 2 The City of Lynden falls within the status "More Water Rights than Current and Future Projected Water Demand" based on its 2004 Memorandum of Agreement with Ecology. Figure 3-1 Water Right Capacity Analysis Map 3-6 J:\DATA\WCP'414-065\PLAMFINAL\SECTION 3 POPULATION WATER DEMAND AND EXISTING SYSTEMS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN — — KIM Population, Water Demand, and Existing Water Systems Table 3-7 County -wide Water Rights Summary for Group A Community Public Water Systems Existing (2015) Buildout (2065) Total Annual Water Rights (afy*) 209,644 209,644 Annual Water Demand (afy) 21,972 50,864 Surplus Water Rights 187,672 158,781 *afy is acre-feet per year. Note: To be conservative, it has been assumed that no additional water rights will be obtained in the future. Note: Buildout represents estimated year 2065 data for urban systems and buildout demands for rural systems. The six Group A community public water systems that appear to be currently exceeding their water rights include Delta Water Association (198 acre-feet per year (afy) exceedance), Flemings Platt Water Association (2 afy exceedance), Guide Meridian Water Association (27 afy exceedance), Skookum Chuck Water Association (60 afy exceedance), Tall Cedars Estates Water Association (14 afy exceedance), and Wickersham Water Association (8 afy exceedance). The total exceedance is approximately 309 afy. No water rights information was found for Flemings Platt Water Association, Tall Cedars Estates Water Association, and Wickersham Water Association; consequently, it was assumed that these systems are relying on the groundwater permit exemption (RCW 90.44.050), which limits withdrawals to 5,000 gallons per day and a maximum annual volume of 5.6 afy, for group domestic use. The remaining three systems have state -issued water rights that appear inadequate to meet existing demands. None of these systems currently have permanent interties with other systems that have excess water rights. The strategy of meeting these demands through regional supply development, aggressive conservation measures, individual wells, surface supplies, desalinization, or other combinations is partially fulfilled with the CWSP update and adoption by the Whatcom County Council of portions of the update into the Whatcom County Code. The water right capacity analysis is intended to provide some perspective on the potential water resource requirements facing the County. It is acknowledged that future reduction in usage patterns, land use policy and/or water resource policy, and other factors are key variables in a supply plan. Subsequent water resource planning efforts and individual water system plans are expected to further refine these numbers as part of an effort to quantify the anticipated out -of -stream water demands for the County. Permanent interties and intertie agreements with nearby public water systems could be a viable option for meeting the existing demand for many of these systems. 3.4 Existing Water Systems The estimated 2015 County population was 212,300, of which approximately 80 percent were served by either Group A, or Group B public water systems, and approximately 20 percent were served by other water systems (e.g., permit -exempt wells, individual surface water sources, etc.). The number and type of systems are shown in Table 3-8. This table was created using data from the DOH Sentry system, which is an online database containing information on public water systems. The method used to determine the values in the Estimated Connections column is 3-7 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION_3_POPULATION WATER DEMAND AND EXISTING SYSTEMS.DOCX 403 Y Iw" � Z►` consistent with how the DOH calculates existing connections in Sentry. The Estimated Population column is the sum of the population values provided for each system. Table 3-8 Number and Type of Public Water Systems Number of Estimated Estimated Percent of Systems Connections Population Total Group A Community Water System 102 64,794 168,283 98.666% Non -transient Non -community Water System (NTNC) 15 123 5 0.003% Transient Non -community Water System (TNC) 64 3,673 137 0.080% Group B 234 1,016 2,134 1.251% Total 415 69,606 170,559 100% 3.4.1 DOH Operating Permits Once a year, the DOH mails an annual fee statement form containing existing data previously provided by the water systems' Water Facilities Inventory (WFI) form. Once the completed form is returned to DOH either confirming the data or noting any changes, along with the permit fee, the DOH issues the water system a color -coded operating permit representing the system's compliance status. The compliance status is updated on an annual basis or when significant changes have occurred to the water system. The following permit colors are assigned to Group A community public water systems. Non -community water systems are not assigned operating permit colors from the DOH. Green — In compliance with all DOH requirements. Adequate for existing uses and additional connections up to the approved number of connections, unless it is already at capacity. Yellow — In compliance with all DOH requirements; however, the system was notified to submit a water system plan and has not satisfied the planning requirement or is under a compliance agreement for a state significant non -complier violation. Adequate for existing uses and additional connections up to the approved number, unless otherwise limited by a compliance agreement. Blue — In compliance with DOH requirements. However, the system does not meet design approval requirements or has exceeded the number of approved connections established by DOH. Adequate for existing uses, but not adequate for adding new connections. Red — In non-compliance with DOH requirements. Inadequate for existing uses and no additional connections are allowed. This may result in denial of home loans, building permits, on -site sewage disposal permits, food service, liquor licenses, and other permits or licenses for properties served by the system. The operating status of Group A community water systems as of August 12, 2015 are shown in Tables 3-9, 3-10, and 3-11. The breakdown of the operating status for the 102 systems listed is shown in Figure 3-2. No systems currently have red operating permits in the County. W. J:\DATA\WCP\414-065\PLAMFINAL\SECTION 3 POPULATION WATER DEMAND AND EXISTING SYSTEMS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN - - Population, Water Demand, and Existing Water Systems Table 3-9 Green Operating Permits — DOH Group A Water Systems in Whatcom County DOH System ID No. Water System Name 00250 ACME WATER DISTRICT NO. 18 00496 AGATE BAY TRAILER PARK 01200 ALDERGROVE WATER ASSOCIATION 05370 BELFERN WATER ASSOCIATION 09899 BELFERN WEST 05450 BELL BAYJACKSON WATER ASSOCIATION 05600 BELLINGHAM, CITY OF 05875 BERTHUSEN ROAD WATER ASSOCIATION 95904 BIRCH BAY WATER & SEWER DISTRICT 07300 BLAINE, CITY OF 02011 CALMAN JAMES L. 12150 CENTRAL CITY WATER ASSOCIATION 00601 CENTURY WATER ASSOCIATION 01383 CHUCKANUT TRAILS WATER SYSTEM 66110 COLUMBIA VALLEY WATER DISTRICT 17050 CUSTER WATER ASSOCIATION AB912 DEER CREEK WATER ASSN/GUIDE SOUTH 18418 DEER CREEK WATER ASSOCIATION 18800 DEMING WATER ASSOCIATION 23480 ENTERPRISE ESTATES WATER ASSOCIATION 23485 ENTERPRISE TERRACE WATER ASSOCIATION 24164 EVERGREEN RETREAT MHP 24195 EVERSON WATER ASSOCIATION 24200 EVERSON, CITY OF 02601 FAIRFIELD M H P 24850 FERNDALE, CITY OF 24840 FER NDALE M 0 BI LE VI LLAGE 27450 GEORGIA MANOR WATER ASSOCIATION 27755 GLACIER SPRINGS WATER SYSTEM 95915 GLACIER WATER DISTRICT 27950 GLEN COVE WATER ASSOCIATION 28050 GLENHAVEN LAKES CLUB 28950 GRANDVIEW BEACH WATER ASSOC INC 30200 GUIDE MERIDIAN WATER ASSOCIATION 32350 HEMMI ROAD WATER ASSOCIATION 33364 HILLTOP WATER OWNERS ASSOCIATION 36268 ISLE AIRE BEACH ASSOCIATION 3-9 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCPk414-065\PLAMFINAL\SECTION_3_POPULATION WATER DEMAND AND EXISTING SYSTEMS.DOCX 405 SECTION 3 Table 3-9 (continued) Green Operating Permits — DOH Group A Water Systems in Whatcom County DOH System ID No. Water System Name 44540 LAKE SAMISH TERRACE PARK 44950 LAKE TERRILL WATER ASSOCIATION 43290 LISECC 29014 LOUT E,10E WATER ASSOCIATION 52957 LAKE WHATCOM WATER AND SEWER DISTRICT - AGATE HEIGHTS 08118 LAKE WHATCOM WATER AND SEWER DISTRICT - EAGLERIDGE 95910 LAKE WHATCOM WATER AND SEWER DISTRICT -SOUTH SHORE WATER SYSTEM 49150 LYNDEN WATER DEPARTMENT 51100 MAPLE FALLS WATER COOP 53250 MEADOWBROOK WATER ASSOCIATION 56500 MOUNT BAKER WATER ASSOCIATION 56900 MOUNTAIN VIEW WATER ASSOCIATION 59850 NOOKSACK VALLEY WATER ASSOCIATION 59800 NOOKSACK WATER DEPARTMENT 62000 NORTHWEST WATER ASSOCIATION, INC 63350 OLD SETTLERS WATER ASSOCIATION 64150 ORCHARD WATER ASSOCIATION 66116 PARADISE PARK WATER SYSTEM 67020 PERCI E ROAD WATER ASSOCIATION 67900 PLEASANT VALLEY WATER SYSTEM 95750 POINT ROBERTS WATER DISTRICT NO 4 68350 POLE ROAD WATER ASSOCIATION 27631 RASPBERRY RIDGE WATER ASSOCIATION 72800 RIVER RD WATER ASSOCIATION 74705 ROYAL COACHMAN MOBIL EST 76105 SANDY POI NT I MPROVEMENT CO 79800 SKOOKUM CHUCK WATER ASSOCIATI ON 84850 SUMAS RURAL WATER ASSOCIATION 84870 SUMAS WATER DEPARTMENT 06514 SUNSET WATER & MAINTENANCE ASSOCIATION 86200 SUNSET WATER ASSOCIATION 88050 THORNTON WATER ASSOCIATION 91000 VALLEY VIEW WATER ASSOCIATION 95700 WHATCOM COUNTY WATER DISTRICT NO. 2 95900 WHATCOM COUNTY WATER DISTRICT NO.7 95914 WHATCOM COUNTY WATER DISTRICT NO. 13 97110 WILLEYS LAKE TERRACE WATER ASSOCIATION 99550 Y-SQUALICUM WATER ASSOCIATION 3-10 J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 3 POPULATION WATER DEMAND AND EXISTING SYSTEMS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN - - M Population, Water Demand, and Existing Water Systems Table 3-10 Blue Operating Permits — DOH Group A Water Systems in Whatcom County DOH System ID No. Water System Name 02300 ANDERSON CREEK WATER ASSOCIATION 04050 BAKER VIEW WATER ASSOCIATION 10562 CALMOR COVE CLUB 12112 CEDAR LYNN WATER ASSOCIATION 15510 COUNTRY HAVEN WATER ASSOCIATION 19890 DOUBLE L MOBILE HOME PARK 24151 EVERGREEN MOBILE PARK & SALES 25610 FLEMINGS PLAIT WATER ASSOCIATION 30800 HAMPTON WATER ASSOCIATION 37950 KELLY ROAD WATER ASSOCIATION 00119 KONTREE APARTMENTS WATER SYSTEM 46300 LAUREL WEST WATER ASSOCIATION 50900 MANTHEYS COUNTRY MOBILE PARK 56874 MOUNT BAKER MOBILE HOME PARK 58950 NEPTUNE BEACH WATER ASSOCIATION 61350 NORTH STAR WATER ASSOCIATION 07507 NORTHWEST MOBILE HOME PARK 62135 NORTHWOOD PARK SYSTEM 73750 ROEDERLAND WATER ASSOCIATION 80550 SMITH ROAD WATER ASSOCIATION 87120 TALL CEDARS ESTATES WATER ASSOCIATION 91650 VICTOR WATER ASSOCIATION 92150 WAHL WATER ASSOCIATION 96700 WICKERSHAM WATER ASSOCIATION Table 3-11 Yellow Operating Permits — DOH Group A Water Systems in Whatcom County DOH System ID No. Water System Name 18750 DELTA WATER ASSOCIATION 62150 NORTHWOOD WATER ASSOCIATION 71290 RATHBONE PARK WATER ASSOCIATION 3-11 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAMFINAL\SECTION_3_POPULATION WATER DEMAND AND EXISTING SYSTEMS.DOCX 407 Figure 3-2 Group A Community Public Water System Operating Permit Color Status 3.5 Conclusions Forecasts suggest that the population of Whatcom County will increase by approximately 70,000 people by 2036, and approximately 200,000 people by 2065. The projected 2065 population is nearly double the existing population. This additional population will place increasing demand on the County's public water systems. On a CWSSA wide basis, the. public water Systems collectively hold more. than enough water rights to meet the projected demand. However, there are individual water systems that have excess water rights and some that have insufficient water rights. A comparison of existing water rights and intertie agreements held by Group A community public water systems with existing and forecasted demand was performed to identify which systems need additional supply now, which systems will likely need additional supply in the future, which systems appear to have sufficient water to meet their needs, and which systems appear to have water in excess of their needs that could potentially be utilized to alleviate other systems' shortfalls. In the future, it will be important for systems to work together to meet demands. The County should encourage cooperation and resource sharing among systems. Three quarters of the Group A community public water systems in the CWSSA have green operating permits, meaning they are in compliance with all DOH regulations and capable of serving existing and authorized connections. However, one quarter of the Group A community public water systems are operating under either blue or yellow operating permits indicating that there may be room for improvement. There are no systems classified as red (non-compliance). 3-12 J:\DATA\WCP\414-065\PLAMFINAL\SECTION_3_POPULATIONWATERDEMANDAND EXISTING SYSTEMS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN MOO] Section 4 — Water Utility Service Areas e 410 Section 4 - Water Utility Service Areas 4.0 Introduction This section is a general discussion regarding water utility service areas. It explains the different categories or types of service areas; the obligations of certain public water systems that accompany the various types of service areas; the process by which service areas were identified for this CWSP update; the changing nature of service areas over time, the implications of such changes; and the requirements for water system planning. Procedures for addressing new developments requiring the provision of potable water are discussed in Section 6. The Coordination Act provides the legal authority for municipalities and private water utilities to establish an exclusive service area within the county's designated CWSSA1. The term "service area(s)" within this document means the specific geographical area described in the written agreement required by WAC 246-293-250. These agreements are formalized in Exhibit 4-1, known as the Declaration of Water Utility Service Areas. This procedure, and resulting agreements between utilities provides assurance that water system planning, capital improvement programs, and financial commitments are consistent with state and county requirements. The establishment of service area boundaries carries with it obligations. The first obligation is that county and state governments recognize an identified utility as the agency responsible for providing all public water service within a designated area. The second obligation is that the designated utility assumes responsibility, within its service area, for development of cost-effective and efficient service to accommodate the future growth that these areas will experience. For those systems that are required by the Washington State Department of Health (DOH) to prepare planning documents (water system plan or small water system management program), these documents and any system improvements should be consistent with the growth management objectives established for these areas by Whatcom County's Comprehensive Plan. For water service requests in areas that are outside of any utility's designated service area, there is a utility service review procedure (Section 6) that gives Whatcom County (County) the authority to designate service first to an adjacent utility, then to an approved Satellite Management Agency (SMA). If neither of these is available, a new utility may be formed. A third obligation relates to the designated retail service area in which a municipal water supplier has a "duty to serve" when conditions defining this duty in RCW 43.20.260(1:4) are met. The Coordination Act requires that service area boundaries be established among the purveyors based on a variety of factors, including topography, readiness and ability to serve, local franchise areas, legal water system or municipal boundaries, future population projections, and sewer service areas. It also specifies that these service areas be developed in conformance with the land use policies of the County. Designated service areas include those areas in which the utility expects adequate customer growth, within a reasonable period of time, to support an established plan for system development. All water utilities are required to designate a service area by submitting a Declaration of Water Utility Service Areas form to PDS. Utilities with water system plans must also designate service ' Note: Title 57 of the Revised Code of Washington establishes the authority and responsibilities of water and sewer districts in Washington State. However, when such Districts provide potable water service, they also fall under the purview of the Public Water System Coordination Act and municipal water law as discussed herein. 4-1 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION-4-WATER UTILITY SERVICE AREAS.DOCX 411 areas in the plan. For water utilities that do not have a water system plan, their service areas shall be shown on a Declaration of Water Utility Service Areas (Declaration) form provided in Exhibit 4-1, which is to be completed by an authorized representative of the water utility, and then submitted to PDS. PDS then processes the Declaration in accordance with the procedure in Exhibit 4-2. The types of water service areas are as follows. • Existing Service Area. DOH Publication 331-432 (dated November 2010) defines an existing service area as the area in which the utility currently provides direct service, remote service, or where service connections are currently available. • Future Service Area. Public water utilities may identify future service areas that are outside of the current retail service area but in which they plan to serve water in the future. • Retail Service Area. WAC 246-290-100 requires all municipal water suppliers to designate a retail service area where they currently provide or plan to provide direct retail service connection to customers and where they have a "duty to serve" when conditions defining this duty in RCW 43.20.260 (1:4) are met. • Wholesale Service Area. Utilities with water system plans may also designate wholesale service areas, where they provide only wholesale water service. Wholesale service areas are not regulated under the Coordination Act. If a water system plan does not differentiate between retail and future service areas, then their entire service area is presumed to be their retail service area. 4.1 Service Area Commitments and Procedures 4.1.1 Municipal Water Supplier Service Area Commitments Municipal water suppliers (as defined in RCW 90.03.015) that are required by DOH to prepare water system plans in accordance with WAC 246-290-100, must identify a retail service area in their Water System Plan 2. The retail service area must include all areas where the municipal water supplier currently provides direct retail service and may include areas where new retail service is proposed. A municipal water supplier has a duty to provide retail water service (duty to serve) to all new service connections within its retail service areas when the following conditions defining are met: 1. The municipal water supplier can provide service in a timely and reasonable manner. 2. The municipal water supplier has sufficient water rights to provide service. 3. The municipal water supplier has sufficient capacity to serve water in a safe and reliable manner. 4. The service request is consistent with adopted local plans and development regulations. A municipal water supplier may extend water service outside the retail service area to provide temporary service for a neighboring water system if there is a written agreement in place. Those municipal water suppliers that are required by DOH to prepare a water system plan pursuant to WAC 246-290-100 must address the four conditions that define a duty to serve water within 2 Not all municipal water suppliers will be required to prepare a water system plan pursuant to WAC 246-290-100. 4-2 J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 4 WATER UTILITY SERVICE AREAS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 412 Water Utility Service Areas their retail service area. A municipal water supplier must provide service for all requests within its retail service area, unless it can document that it does not have a duty to serve because it does not satisfy the conditions established in RCW 43.20.260(1:4) and WAC 246-290-106. The water system plan (WSP) must address the four threshold factors as follows. Capacity: Municipal water suppliers must include a capacity determination in their WSP. Capacity determinations incorporate a water system's physical capacity (source and storage) and water right limitations. Consistency: Consistency applies to locally -adopted comprehensive plans, land use plans, development regulations, and utility service extension ordinances. Consistency determinations must evaluate land use, 6-year growth projections, service extension ordinances, new water service provisions, and other elements determined by DOH as being related to water supply planning. Municipal water suppliers must ask their local government(s) to determine consistency. If a local government does not complete the determination, the municipal water supplier must document its efforts to obtain local review and then determine consistency itself. Water Rights: The Washington State Department of Ecology (Ecology) is responsible for water right sufficiency determinations. Municipal water suppliers must include a water right self - assessment in their WSP or small water system management program. DOH forwards a copy of the planning document and the water rights self -assessment to Ecology for review and incorporates any water right limitations into its service capacity approvals. The utility's service area should be consistent with the place of use on the utility's water right (i.e., the utility should ensure they have the legal authority to put water to beneficial use within their service area). When the service area and the water right place of use are not the same, water systems whose use satisfies the definition of a municipal purpose water right may modify the water right place of use by an amendment to the utility's water system plan, indicating that the water right place of use conforms to the area served by the utility. With this process, there is no need to submit a water right change application to Ecology. Timely and Reasonable: Municipal water suppliers must include their service policies in their WSP. They must describe how they will provide new service and what constitutes the timely and reasonable provision of water service. The phrase "timely and reasonable" is defined within this CWSP and is included in the Glossary of Acronyms and Terms. It should be noted that a utility's water facilities, such as sources of supply and reservoirs, can be located outside the utility's service area. These facilities can be located within another utility's retail service area, provided the facilities are not used for direct retail service without the written concurrence of the designated utility. 4.1.2 Service Area Designation As part of previous CWSP efforts, public water systems were asked to submit Declarations to the Whatcom County Health Department (WCHD). As part of this 2016 CWSP update, systems were asked to review and update their service area declarations and associated service area maps. Once this information was compiled, the existing service areas of the utilities located in the Critical Water Supply Service Area (CWSSA) were mapped. This update used Geographic Information System (GIS) technology to generate parcel -level accuracy for delineating service area boundaries. The maps were reviewed at several meetings of the Water Utility Coordinating Committee (WUCC), and refinements were made based on feedback received. 4-3 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 4 WATER UTILITY SERVICE AREAS.DOCX N&? SECTION 4 Once adopted as part of this CWSP, the designated service area is the exclusive service area of the identified utility, giving the utility first priority for serving future customers. As a condition of being granted a designated service area, the utility shall meet the obligations and con- i-nitments identified in this CWSP update. The resulting map of service areas, showing almost all Group A and some Group B systems within the CWSSA, is provided in Figure 2-2 at the end of Section 2. This map is referred to as the "Official CWSP Map." The Official CWSP Map, and individual water utility Declarations and associated maps, are stored as GIS digital files and in hard copy at PDS. PDS has provided copies of the Official CWSP Map to each utility. Furthermore, PDS has provided a complete set of maps, along with any subsequent updates to the DOH, Ecology, WCHD, and the Whatcom County Boundary Review Board (BRB). 4.1.3 Service Area Overlaps The Official CWSP Map (Figure 2-2) also identifies areas where there are overlaps in service areas. Such overlaps may or may not represent a conflict. For example, in many cases, a public water system's service area is located entirely within the service area of a larger system and functions relatively independently, until such time as the larger system becomes willing and able to provide water to the smaller system. Such conditions do not represent a service area conflict. The WUCC is not aware of any service area conflicts in the CWSSA. Conflicts occur where adjacent utilities both desire to serve the same area. When this occurs, there is a voluntary dispute resolution process that may be utilized to resolve such conflicts. An area found to be in conflict would be denied additional service until the dispute is resolved. The voluntary dispute resolution process is available to help resolve such disputes, as discussed in Section 4.2 and Section 9.2.3. 4.1.4 Service Area Declarations The Declaration form (Exhibit 4-1) identifies the service area boundaries and acknowledges that the utility is willing and able to serve that area unless regulatory constraints preclude the utility from so doing. A specific example of these constraints is the inability to secure water rights. The Declaration allows a utility to designate their existing, future, retail, and wholesale service areas. Utilities will need to develop a more detailed agreement when understandings concerning service in a neighboring utility's service area, transfer of service, or common boundaries require more specific terms. In order for these agreements to be recognized when implementing the CWSP, the utilities must include them in their WSPs and file them with PDS as an addendum to the Declaration. PDS shall, in turn, make the appropriate updates to the service area map and provide an updated copy, with the date of the most recent update, to WCHD. The WUCC also reviewed the Declaration signature process. In the past, some confusion has occurred when agreements were signed by individuals who did not have the full authority of the water utility. In response, the WUCC developed new language that was included in the Declaration to verify an individual's authority to sign (Exhibit 4-1). 4-4 J:\DATA\WCP\414-065\PLAN\FINAL\SECTION-4-WATER UTILITY SERVICE AREAS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 414 Water Utility Service Areas 4.1.5 Service Area Adjustments Service area boundaries are subject to change through time. Consequently, the service area map is intended to be dynamic and will be revised, as necessary, to accurately reflect service area boundary changes. In the future, service boundaries can be revised if a utility determines that its service area is either too large or too small, or if a utility determines that it is unable or unwilling to serve a specific request. Changes in utility service area boundaries will occur when one or more utilities wish to expand or reduce their service areas. Expansion of service areas must be approved by PDS, and will only be allowed if a new conflict in service areas is not created by the modification. The CWSP specifies a procedure to request, document, and implement such service area changes. Exhibit 4-2 provides a summary of these service area adjustment procedures. If the purveyor has not already obtained approval to proceed from DOH, the first step is for PDS to direct the purveyor to DOH to determine whether a proposed expansion or revision to a CWSP water service area boundary will require a new WSP or update to an existing WSP. After the initial coordination with DOH, the essence of these procedures requires that a utility initiate a change by submitting a request to amend its Declaration to PDS. PDS will ensure that proper notification occurs for public input and that adjacent utilities are notified of the change. As previously stated, PDS reviews the request to ensure no conflicts are created. Subsequently, the affected service area maps are revised and distributed to the appropriate entities. PDS will date stamp and keep on file copies of all Declaration amendment documents and related correspondence for each participating utility. As discussed above, PDS will provide an updated version of the service area map, with the date of the updates, to WCHD for their use in responding to applicants for projects requiring potable water. Recognition of these new and altered utility service areas and Declarations should be incorporated into the County utility franchise process by revising the franchises. It is the utility's responsibility to update their franchise agreement with the County as necessary. The BRB shall also be provided copies of the new and revised service areas for their information. For those water utilities required by DOH to prepare a WSP pursuant to WAC 246-290-100, any expansion of service area must be addressed in an update to its water system plan and, following approval by DOH, the utility's CWSP water service areas must be adjusted to correspond to those boundaries identified in the approved water system plan. The service area boundaries should also be consistent with the place of use identified in the system's water rights. Note that, under the municipal water law, a municipal water supplier has the ability to change their authorized place of use by amending their WSP as opposed to filing a water right change application with Ecology. 4.2 Service Area Disputes and Dispute Resolution The Coordination Act (RCW 70.116 RCW) provides for a mediation procedure to resolve service area disputes at the local level. The procedure specifies that if there are any contested service areas that are not resolved within 1 year of the establishment of the CWSSA, DOH may conduct a public hearing in regard to the contested service area. At the termination of that hearing, DOH may either establish a service area line or delay approval of new water service extensions to a contested service area pending resolution of that conflict. This delay in approval would be limited to the area 4-5 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 4 WATER UTILITY SERVICE AREAS.DOCX 415 SECTION 4 in question and is not extended to the entire service area of the utilities involved. Further development in the contested service area would be delayed until the dispute is resolved. When a dispute is brought to the attention of the County, the County will offer to initiate a voluntary dispute resolution process. The goal is to resolve the dispute amicably, with minimal cost to all parties, in the hopes of avoiding the use of either the DOH mediation process or other measures such as the County Hearing Examiner or Superior Court. Details regarding dispute resolution are included in Section 9.2.3. 4.3 Boundary Review Board Whatcom County and its seven cities are planning comprehensively in accordance with the goals of the Growth Management Act (GMA) as provided in Chapter 36.70A RCW. Pursuant to RCW 36.93.030, Whatcom County has established a BRB, which is codified in Whatcom County Code (WCC) 2.24. The BRB plays an important role in supporting GMA land use planning county -wide, and reviews proposals for boundary changes by cities, fire districts, and water sewer/districts within Whatcom County, including city or district annexations, new city incorporations, and district mergers. For the purposes of this section, discussion about the role of the BRB is limited to proposed actions by municipalities or water districts that involve the creation, modification, or dissolution of jurisdictional boundaries, or involve the extension of public water service outside of a water district's existing water service area. 4.3.1 Notice of Intention RCW 36.93.090 requires a municipality or water district that proposes to establish a new service area or extend permanent water service outside of its existing, approved service area to file a Notice of Intention with the BRB. The definition of "service area" as it is used in this context includes all of the area within an entity's corporate boundary plus the area outside of the corporate boundaries that has been designated through the approval process outlined in Exhibit 4-2. All municipalities and special purpose districts are required to file a Notice of Intention with the BRB on forms provided by the BRB, when: Annexation, incorporation, or change in municipal area or boundaries is proposed; or A permanent water line extension is proposed outside of a water district's service area, as defined in RCW 36.93.090(4). 4.3.2 BRB Review of Proposed Actions The BRB notifies potentially interested jurisdictions of proposed actions, and exercises its boundary review authority only when such actions are contested. Requests made to the BRB to "invoke its jurisdiction," conduct a review, and hold a hearing, must come either from an affected jurisdiction, or from residents and property owners within the affected area by petition. 4.3.3 Public Notification of Proposed Actions All utilities are required to seek public input by following the procedures for Service Area Adjustments provided in Section 4.1.3. 4-6 J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 4 WATER UTILITY SERVICE AREAS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN L"i<109� Water Utility Service Areas 4.4 Department of Health Action Once a utility has a current Declaration that has been reviewed and approved by PDS (and DOH, as applicable), the service area will be designated to that utility. If, at any time, DOH determines that the utility has failed to comply with the standards or provisions of its WSP, approval of planned construction activities may be delayed pending compliance. Further, unless a documented health -related problem is involved, a utility's failure to submit a Declaration will result in DOH's delay of planned construction activities until a valid Declaration is in effect. For utilities with contested service area conflicts, delay of DOH approvals will be limited to proposed activities within the contested service area pending resolution of the dispute. Section 6 includes a detailed discussion of the procedures to be followed by an applicant seeking potable water service. It includes a number of possible scenarios, including direct service by the water system in whose retail service area the applicant's project is located, service within a system's future service area, creating a remote system within the existing service area, service in a relinquished service area or a non -designated area, service by an adjacent utility, creating a new public water system, or developing a new private water supply. 4-7 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 4 WATER UTILITY SERVICE AREAS.DOCX 417 SECTION 4 Exhibit 4-1 DECLARATION OF WATER UTILITY SERVICE AREAS for WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN This Declaration, submitted by 'water utility', confirms that the attached map* accurately identifies the service areas (existing, retail, future, and wholesale) that the water utility either serves or plans to serve unless regulatory or other constraints do not enable the utility to do so. The intent of this declaration is to define service areas in a manner which assures that time, effort, and money are best used by avoiding any unnecessary duplication of service. In the absence of overlapping boundaries, the Whatcom County Health and Human Services along with the Washington State Department of Health (DOH) will recognize the existing, retail, and future boundaries as the exclusive service area of the undersigned utility, giving the utility right of first refusal for serving future customers. The wholesale service area does not convey an exclusive service area, but is important for delineating the extent of a municipal water supplier's service area, which may represent its water right place of use. Any proposed changes to a designated service area must include submittal of this declaration to Whatcom County Planning and Development Services, to allow the County to update the CWSP service area map. The utility will also need to provide service in a manner consistent with its own individual water system plan and service policies. The person signing below assures that he or she has been authorized to sign the Declaration on behalf of the utility. Date Water utility Authorized Representative *Note: This map needs to be clearly dated to ensure the most up-to-date version is being used and should accurately depict the existing, future, retail, and wholesale service areas. 4-8 J:\DATA\WCP\414-065\PLAN\FINAL\SECTION-4-WATER UTILITY SERVICE AREAS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN ffa Water Utility Service Areas Exhibit 4-2 Whatcom County CWSP Service Area Boundary Amendment Procedure Application: Amendments in water utility service area boundaries will occur when a utility or adjacent utilities wish to expand or reduce their service area and will be approved by the procedures defined herein only if a new conflict in service areas is not created by the modification. Potential Stakeholders: The utility proposing the amendment; adjacent utilities; Whatcom County Planning and Development Services (PDS); Whatcom County Health Department (WCHD); and Washington State Department of Health (DOH). Prnmitires- 1. The water utility must submit their request for a service area boundary amendment in writing to PDS, along with an up-to-date map identifying the existing and requested boundaries and identifying the existing, future, retail, and wholesale service areas. The written request shall specify the reason or justification for the change. All submittals of requests for amendments, confirmation of non -conflict, and signed revised Service Area Declarations must bear the signature of an official authorized to represent the respective utility. Some form of written confirmation of this authority and/or agreement with the requested boundary amendment by the utility's governing body must be submitted to PDS. 2. Upon receipt of a service area boundary amendment request, PDS will schedule a pre -application meeting between DOH, the applicant, and PDS to establish preliminary feasibility of the proposal, and to identify any potential inconsistencies with changes in service relative to planned land use. This meeting will also provide DOH with an opportunity to conduct preliminary assessments and make notification to the applicant as to whether or not the proposed revision to service area will require a new or updated Water System Plan pursuant to and in accordance with WAC 246-290- 100. No changes in the service area or to the delivery of water shall be made until the DOH review process has been completed. 3. PDS will require that the water utility requesting the service area boundary amendment has formally sought public input regarding the requested amendment and has provided copies of any comments received to PDS. PDS will prepare two copies of the revised service area map and a Declaration for Water Utility Service Area and submit them to the affected utilities within % mile for the utility's review and written confirmation that the proposed change does not create a service conflict. It should be noted that not all service area overlaps constitute a conflict. When such conditions exist, any special working agreements between the affected utilities, if they exist, shall be submitted as attachments to the Declaration. 4. If a conflict exists, no further boundary modifications shall occur until the conflict is resolved between the impacted parties. The utilities shall be referred to the voluntary dispute resolution process identified in Section 4.2. 5. If there are no conflicts, or any conflicts are resolved, and all necessary approvals have been obtained, PDS will update the official CWSP map on GIS and hard copy. PDS shall update the official map at least quarterly and the map shall be kept on file by PDS. 6. Copies of all signed Declarations and related correspondence shall be date stamped and kept on file for each participating utility by PDS. 4-9 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 4 WATER UTILITY SERVICE AREAS.DOCX 419 THIS PAGE INTENTIONALLY LEFT BLANK WE Section 5 - Minimum Design Standards 421 422 Section 5 - Minimum Design Standards 5.0 Introduction The Coordination Act requires development of minimum design standards applicable within the CWSSA. Unless otherwise noted, the minimum design standards included in this section shall apply only to new or expanding public potable water systems. However, existing water systems are encouraged to meet these minimum design standards to support the provision of safe, reliable, and high quality drinking water throughout the CWSSA. In addition to design standards, the Washington State Department of Health (DOH) approval procedure for WSPs encourages the development of standard construction specifications by larger water utilities. Construction specifications are more detailed than the design standards included in this CWSP update. Construction specifications are typically used by contractors for reference during construction of system improvements, whereas design standards are typically referenced by the design engineer during planning or design of system improvements. Construction specifications are typically included or referenced in the technical specifications for improvement projects. The construction specifications and the design standards contained in individual WSPs shall not be less stringent than the standards described in this section per WAC 246-290-200. Throughout this update, the words "must," "will," "shall," or "required" are used when design practices are sufficiently standardized to permit specific delineation of requirements, or where safeguarding the public health justifies definitive criteria or action (such as state statute or rule requirements). Where requirements are spelled out in statutes or rules, an attempt has been made to cite the relevant source. "Should" or "recommend" indicate procedures, criteria, or methods that are accepted as standard practices but are not required by law and that can be approached with some degree of flexibility. In such cases, managers need to explain the basis of the altered approach or, in some cases, why another approach may be more applicable. The words "should" or "recommend" indicate procedures, criteria, or methods that are not required and can be approached with some degree of flexibility.. Unless specifically noted, the WUCC has determined this flexibility should be retained and the related recommendations should not be codified. In cases where the WUCC has determined that certain actions, standards, or procedures are sufficiently important to warrant adoption into the Whatcom County Code, it has been noted and those changes are identified later in Section 9 — Implementation Plan. The Implementation Plan specifies what the WUCC recommends the County Council amend in the existing code. 5.1 Rural and Urban Levels of Standards "Urban" levels of service are provided within the urban growth area (UGA) boundaries and, conversely, "rural" services occur outside the UGA. Without further definition by local government, the legislature has determined that rural services include those public services and public facilities historically and typically delivered at an intensity usually found in rural areas, and may include domestic water systems, fire, and police protection services. The GMA also mandates that each county develop county -wide planning policies (CWPP) that shall serve as written policy statements used solely for establishing a county -wide framework from 5-1 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP�414-065\PLAMFINAL\SECTION_5_MINIMUM DESIGN STANDARDS.DOCX SECTION 5 which county and city comprehensive plans are developed and adopted. These policies are companions to any existing non -conflicting land use policies already in place. The CWPPs developed for Whatcom County specify in Section F that cities will not extend water and sewer utilities without an adopted program for annexation and an adopted capital facilities plan. Exceptions may be made in cases where human health is threatened. The CWPPs require that, if water extensions are made, they must be consistent with the service area boundaries and other provisions of the CWSP. Outside of UGAs, cities and other public and private utilities may extend water only at rural levels of service. If rural levels of service are extended, availability of pipeline capacity to meet local supply needs shall not be used to justify development counter to county -wide land development patterns, and shall not be considered in conversions of agriculture land, forestry, or rural lands. The following goals and policies are specified in Chapter Five — Utilities of the Whatcom County Comprehensive Plan. These strategies aim to provide adequate water supply for new developments consistent with the County's future growth and demands. Goal: Resolve county water issues through proactive participation in processes leading to a solution of water -related conflicts. • Plan for interlocal agreements with other agencies to manage failing water associations that fall into receivership. • Encourage and actively participate in forums, workshops, and other water -related planning activities. • Discourage extension of urban levels of water service to areas not designated as urban growth areas or Rural Communities, except in those limited circumstances shown to be necessary to protect basic public health and safety and the environment and when such services are financially supportable at rural densities and do not permit urban development. • Investigate the opportunity for multiple solutions to other issues such as flood management when looking towards acquiring additional water supplies/rights. • Evaluate and, where feasible, support alternative supplies of water such as desalinization, re -use of treated wastewater, and storage of flood water. Investigate reservoir holding ponds that take advantage of flood water when needed for beneficial uses such as fisheries, agriculture, domestic and industrial water supplies. Goal: Work with water purveyors to provide service to all existing and designated urban growth or industrial areas. • Work with the appropriate jurisdictions to ensure adequate water rights and supplies to the Urban Growth Areas and designated industrial areas in Whatcom County. Consider all options, including but not limited to, extension of water service areas, conjunctive management of surface and groundwater, artificial storage and recovery and reclamation of wastewater. 5-2 J:\DATA\WCP'414-065\PLAMFINAL\SECTION_5_MINIMUM DESIGN STANDARDS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 424 Minimum Design Standards • Ensure provision of urban levels of water service to urban growth within areas designated for urban growth. • Periodically review Urban Growth Areas to ensure adequate water supplies. • Encourage annexation of areas zoned for urban densities concurrent with extension of urban level services. • The County should work closely with purveyors and the State Department of Health in the development and review of Comprehensive Water Plans to ensure consistency with land use and urban growth area needs. • The County will work with the Department of Ecology, City of Bellingham, the Port of Bellingham, the PUD, and local, regional, and state economic development agencies to ensure an adequate water supply to areas planned for industrial development. Goal: Ensure that potable water supplies required to serve development are available at the time the development is available for occupancy and use. • Building permit applicants, new subdivisions, short plats, and binding site plans will be required to provide evidence that adequate and legal (in consultation with the Department of Ecology) supplies of water are available prior to their approval by the County. • Work with purveyorsto assist them in modifying their systems as required to support the land use element of the comprehensive plan. The design standards presented herein have been reviewed by the WUCC to ensure compliance with the policies of the County's Comprehensive Plan. 5.2 Minimum Design Standards 5.2.1 Purpose The purpose of these standards is to set a base level of utility planning and design for public water utilities. Once the CWSP update is approved by the DOH, these standards will apply to expanding public water systems or to the construction of new public water systems. The base -level planning must provide for development consistent with adopted land use plans of the agencies with jurisdiction per WAC 246-290-100. Uniformity and consistency in standards will, in the long-term, reduce costs to consumers as system interties and/or consolidation of utilities takes place. Reliability of water supply will also be improved. Subject to certain exceptions contained in the Coordination Act, each utility must adopt minimum design standards as a part of its WSP (WAC 246-290-100). It is intended that a utility may adopt the minimum design standards described herein or more stringent standards, provided such standards are not inconsistent with applicable land use plans. As discussed, the development and submittal of standard construction specifications for larger utilities is encouraged by the DOH and is separate from these minimum design standards. The WUCC found that the minimum design standards from the 2000 CWSP were generally acceptable in their current state. Additional clarification was requested from the County Fire 5-3 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAMFINAL\SECTION_5_MINIMUM DESIGN STANDARDS.DOCX 425 SECTION 5 Marshal and local fire district authorities regarding fire protection requirements and hydrant placement. These standards incorporate this clarification and are discussed in Section 5.3. 5.2.2 Application of Standards Existing Water Systems Existing water systems are not required to utilize these minimum standards for connection of new retail customers to existing mains (infill), repair or replacement of facilities, or distribution system extensions in an existing service area identified in a current and approved WSP or project report, so long as they are not an expanding system that will increase in size its existing service area and/or its number of approved service connections. However, adherence to these standards in all cases is encouraged to provide better public water service throughout the County. If existing facilities must be repaired or replaced to serve an expanded service area, the new construction shall meet these minimum standards (Chapter 246-290 WAC). The newly proposed DOH definition of an expanding water system is a public water system that increases the existing service area or approved number of service connections. For the purposes of this CWSP, when a public water system increases its existing service area, it shall be considered an expanding water system. When a water system proposes to increase the approved number of service connections within its existing service area, PDS shall convene a meeting of PDS staff, DOH staff, and representatives of the water system to determine the appropriate level of planning for the proposed increase in connections, with the goal of mutually agreeing on whether the proposed change constitutes an expansion of the water system. For example, if the system already has infrastructure in place and is now able to serve more connections because of improvements in their water use efficiency or development of a new source, DOH may consider that as in -filling and not system expansion. However, if the utility needs to install new infrastructure to serve that area, that may constitute expansion of the system. Such a determination is appropriately made on a case -by -case basis through a collaborative effort by the parties listed above. In the event a determination is made and any party disagrees, they may seek resolution through the DOH appeals process. Indian Tribes and Nations Since the tribal lands on the Nooksack and Lummi Indian reservations are excluded from the CWSSA, the standards contained herein are not binding upon public water systems owned and operated by the tribes or tribal members and serving exclusively tribal lands. Water System Plans and Applicable Land Use Plans New, expanding, and other utilities required to meet the water system planning requirements under WAC 246-290-108 shall use land use designations as prescribed in the Whatcom County Comprehensive Plan for their service area, zoning codes, city comprehensive plans, and any related interlocal agreements. Such designations shall be identified in the utility's WSP and used to establish design standards. The WSP and capital improvement schedule shall provide the anticipated level of service within the utility's designated water service area, consistent with the land use plan (WAC 246-290-100). When the utility that is required to meet the water system planning requirements under WAC 246-290-108 is requested to provide water service, it will identify that portion of planned capital facilities, as well as other installations, that are necessary to provide the service requested. 5-4 J:\DATA\WCP\414-065\PLAN\FINAL\SECTION_5_MINIMUM DESIGN STANDARDSOOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 426 Minimum Design Standards As growth occurs, the full level of water service will eventually be provided throughout the service area of the utility through implementation of a capital improvement schedule that meets County or municipal requirements. Once a utility's WSP is approved, the utility should be consulted by the land use planning agency with jurisdiction regarding any proposed land use changes which impact the required level of water service. The water service related cost of said impacts, as determined by the utility, should be fully considered by the planning agency in acting on the proposed land use change. 5.2.3 General Provisions Source Development New sources must be designed and developed to meet the Washington State Department of Ecology (Ecology) and DOH regulations and design guidelines, including Chapter 173-160 WAC, "Minimum Standards for Construction and Maintenance of Wells," as administered by Ecology, and Chapter 246-290 WAC, "Group A Public Water Supplies," as administered by the DOH. All test and production wells must be drilled in accordance with state and local drilling and testing specifications. Wells used for domestic supply must meet the minimum requirements and must obtain written source approval from DOH in accordance with Chapter 246-290 WAC. Source Abandonment Any well that is unusable, abandoned, or whose use has been permanently discontinued, or that is in such disrepair that its continued use is impractical or is an environmental, safety, or public health hazard shall be decommissioned in accordance with WAC 173-160-381. If a water source is abandoned, the water system should notify both Ecology and DOH of the abandonment of that source and should make the appropriate changes to their WSP and related water rights. Water Quality Water quality must be proven to conform to the federal Safe Drinking Water Act (SDWA), and DOH criteria specified in Chapter 246-290 WAC. Design Standards Standards Incorporated by Reference — The existing standards listed below, or as may be modified by the appropriate authorities, are hereby incorporated by reference. Priority for application of these standards is in the order listed, but the most stringent applies. Except as otherwise superseded by the County standards described herein, these standards will apply to water system design, installation, modification, and operation. • Group A Public Water Supplies (Chapter 246-290 WAC), Water System Design Manual, DOH publication no. 331-123. • Applicable County or city rules, regulations, ordinances, and standards. • Standard Specifications for Road, Bridge, and Municipal Construction, as published by the Washington State Department of Transportation/American Public Works Association (WSDOT/APWA), latest edition. • Standards of the American Water Works Association (AWWA). 5-5 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAMFINAL\SECTION 5 MINIMUM DESIGN STANDARDS.DOCX 427 SECTXON S General Standards — Selection of materials and construction of water system facilities in the County shall conform to the provisions outlined above, with the additional provisions: • All owners/operators of water systems that have water mains in County road rights -of -way must comply with franchise requirements outlined in ordinances passed by the County Council authorizing such use of the road and rights -of -way (Whatcom County Code Chapter 12.27); • Construction within incorporated areas remains subject to municipal permitting requirements; and • All projects requiring design by a registered professional engineer shall be inspected by the utility or its designated representative before closure of any excavation. Hydrostatic Pressure Test A hydrostatic pressure leakage test will be conducted on all newly constructed water mains, fire lines, fire hydrant leads, and shutoffs in accordance with WSDOT/APWA Section 7-11.3(11) or AWWA C-600 specifications, unless otherwise specified by the designated utility. Disinfection and Bacteriological Testing All pipe, reservoirs, and appurtenances shall be flushed and disinfected in accordance with the standards of AWWA C651-86 and C652-86, or WSDOT/APWA Section 7-11.3(12), unless otherwise specified by the designated utility. Utility Interties When a utility or utilities are planning to install new or replacement water mains, the utility should evaluate the feasibility of emergency or permanent interties with nearby water systems as a potential means of improving efficiency and reliability of their water supplies. Flow Measurements All new groundwater wells used as water sources for new and expanding public water supplies shall he provided with an access port for measurement of depth to water (VUA(�' 171-t 60-291), and measuring devices for determining flow rate and total production (WAC 246-290-496). Installation of these devices is also recommended for existing groundwater sources. Water users are advised to examine their water right documents to determine whether metering requirements are included as a condition of their water right. Cross -connection Control Where the possibility of contamination of the supply exists, water services shall be equipped with appropriate cross -connection control devices in accordance with WAC 246-290-490. The designated utility shall determine the need, size, kind, location, maintenance, and testing requirements of the device as specified in WAC 246-290-490. 5.2.4 Specific Provisions If a public water system has adopted specific design standards that have been approved by DOH, those standards shall apply instead of the specific provisions discussed below, and shall be at least as stringent (WAC 246-290-200). 5-6 J:\DATA\WCP\414-065\PLAMFINAL\SECTION 5 MINIMUM DESIGN STANDARDS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN Minimum Design Standards Pressure Requirements All public water systems shall be designed to maintain a minimum residual pressure of 30 pounds per square inch (psi) at the meter, or property line if there is no meter, under peak hourly demand flow conditions, excluding fire demand. For water systems providing fire flow capability, the design shall be adequate to maintain, under fire flow plus maximum daily demand flow conditions, a residual pressure of 20 psi throughout the system (Chapter 246-290 WAC). Section 5.3 contains additional details relating to the fire flow provisions. Pipe Sizing and Materials For new systems or expansions to existing systems, the minimum pipe diameter for distribution mains should be 8 inches within UGAs, rural community, urban, and rural business land use designations. These land use designations are as defined in the County's current Comprehensive Plan. For all other designations, the minimum diameter shall be 6 inches, unless it can be justified hydraulically that all other service conditions can be maintained (WAC 246-290-230). Exceptions to the 6-inch minimum diameter requirement may be granted by the appropriate agency (DOH or Whatcom County Health Department) under the following conditions: a) Fire flow is not required under current land use; or b) A system is to be developed within a designated service area, there is not a direct connection to the designated utility, and the designated utility has entered into a water service agreement with the developer that includes provisions for eventual direct connection of the development. Fire protection requirements, if any, must be met during the interim by the system to be developed. Water main size shall be adequate to deliver the required fire flow (if applicable) and maintain pressure requirements. Water mains serving fire hydrants, either as part of new construction or planned phased improvements, shall not be less than 8 inches in diameter for dead-end lines, or less than 6 inches in diameter if looped. Hydrant leads extending less than 50 feet or across a street should be of a suitable size to carry the required fire flow, but shall not be less than 6 inches in diameter. In a dead-end cul-de-sac, smaller diameter mains may be installed from the last hydrant to remaining residences. All water mains shall meet applicable engineering and health standards adopted by DOH and the water purveyor, including Chapters 246-290 and 246-293 WAC. Maximum flow velocities shall be consistent with WAC 246-290-230(9) and Chapter 8.1 of the DOH Water System Design Manual. All pipe material shall be equal to or greater than AW WA standard specifications unless previously approved by the appropriate agency. All pipe material for new water systems shall be constructed with lead-free materials in accordance with Chapter 246-290 WAC. Isolation Valves Valves should be installed in a configuration that permits isolation of water mains and minimizes the number of customers out of service when the water system turns the water off for maintenance, repair, replacement, or additions. A valve is not required for short block lines of less than 100 feet. Valves should be installed at main intersections with normal maximum spacing, as listed in Table 5-1. The zoning designations are as defined in the County's current Comprehensive Plan. The general zoning classification may be referenced for zoning within incorporated areas. 5-7 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAMFINAL\SECTION_5_MINIMUM DESIGN STANDARDS.DOCX , SECTION 5 Table 5-1 Isolation Valve Spacing Zoning Classification valve Spacing Industrial 500 feet (HI I, LII, GM, GI, RIM, AO) Commercial 500 feet (RGC, GC, TC, NC, STC, RC) Urban Residential (URMX, URMX10-24, URMX6-12, URMX6-10, URM24, 500 feet URM18, URM12, URM6) Urban Residential 800 feet (URM6, UR6, UR4, UR3) Rural Residential 800 feet (RR3, RR2, RR1) Rural Residential 0.50 mile (RR5A, RR10A, RRI, TZ) Rural 0.50 mile (132A, R5A, R10A) Resources 0.50 mile (AG, CF, RF, MRL) Other (ROS, EI) 0.50 mile Air and Air -vacuum Relief Valves To minimize problems associated with air entrapment, the purveyor should install air valves or combined air -vacuum relief valves at appropriate points of high elevation in the system. Blow -off Valves A hydrant or blow -off assembly should be installed in accordance with each water system's design standards at low points and dead -ends in the distribution system to allow sufficient flushing and proper disinfection of distribution mains. The blow -off assembly should be installed in the utility right-of-way, except where an access and construction easement is provided for in writing to the water utility. In no case should the location and construction be such that there is a possibility of back -siphoning into the distribution system. Pressure Reducing Stations Pressure reducing stations should include a manifold system that provides for a redundant pressure reducing valve, a bypass valve, or other suitable device that ensures reliability and continuity of service. Storage The design of each storage tank shall adhere to the design considerations, provisions, and appurtenant design details discussed in Chapter 9 of the DOH Water System Design Manual per Chapter 246-290 WAC. Storage facility requirements are based upon the following five components. 5-8 J:\DATANWCPk414-065\PLAMFINALkSECTION-5-MINIMUM DESIGN STANDARDS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN Minimum Design Standards a) Equalizing Storage: required to supplement production from water sources during high demand periods. b) Standby Storage: required as backup supply in case the largest source is out of service. c) Fire Storage: required to deliver the level of fire flow service for the required duration identified in the utility's approved WSP. d) Operational Storage: the volume of distribution storage associated with source or booster pump normal cycling times under normal operating conditions. e) Dead Storage: the volume of stored water not available to all consumers at the minimum design pressure. As a minimum, sizing of storage tanks shall be adequate to provide for equalizing storage plus the larger of standby or fire storage requirements (nesting). Nesting of standby and fire storage is allowed only where not prohibited by local ordinance, the local fire protection authority, or the county fire marshal (WAC 246-290-235). Equalizing and standby storage volumes shall be determined using the DOH Water System Design Manual. Fire storage volumes shall be determined using the fire flow and duration as provided in the levels of service requirements of the County or municipal ordinance and the utility's approved WSP. Siting of storage facilities should consider locations that provide gravity flow. Ground -level, partially -buried, and underground reservoirs should be designed to minimize the potential for contamination in accordance with the DOH Water System Design Manual. General Facility Placement Facilities shall be located in accordance with applicable municipal or county ordinances. Where no ordinance applies, water mains should be installed at a location that is compatible with the existing water system, terrain, and location of other utilities. In new subdivisions, binding site plans, and short plats water mains should be installed parallel to the center line on the north or east sides of the street, wherever practical. In addition, all piping, pumping, source, storage, and other facilities should be located on public rights -of -way or dedicated utility easements. Utility easements should be a minimum of 15 feet wide, unless the easement is contiguous and parallel to an access easement or public right-of-way. In such cases, the minimum easement width should be 10 feet. Piping should be installed no closer than 5 feet from the edge of an easement. Unrestricted access should be provided to all public water system lines and their appurtenances, and public fire hydrants that are maintained by public agencies or utilities. Pipe Cover The depth of trenching, installation of pipes, and backfill should be such as to give a minimum cover of 36 inches over the top of the pipe for transmission and distribution lines, and 24 inches over service piping. Backfilling up to 12 inches over the top of the pipe should be evenly and carefully placed. The remaining depth of trench is to be filled in accordance with applicable construction standards identified in Section 5.2.3 — General Provisions. Materials capable of damaging the pipe or its coating should be removed from the backfill material. 5-9 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION-5-MINIMUM DESIGN STANDARDS.DOCX 431 SECTION 5 Concrete Thrust Blocking Concrete thrust blocking should be placed at bends, tees, dead ends, and crosses in accordance with the utility's standards. Blocking should be concrete poured in place. Concrete blocking should bear against solid undisturbed earth at the sides and bottom of the trench excavation and should be shaped so as not to obstruct access to the joints of the pipe or fittings. Water and Sewer Line Separation Distances Whenever possible, transmission and distribution water piping should be separated at least 10 feet horizontally from on -site waste disposal piping, drain fields, and/or wastewater gravity or force mains. The bottom of the water main should be 18 inches above the top of the sewer. Where local conditions prevent such horizontal and/or vertical separation, closer spacing is permissible where the separation is mitigated in the design and construction, and meets the special requirements of Ecology's Criteria for Sewage Works Design. 5.3 Fire Hydrants and Fire Flow The goal of these standards is to prevent or minimize the loss of life, loss of property, and damage to the environment from the adverse effects of fire. 5.3.1 New Fire Hydrants For new or expanding systems, new fire hydrants within the unincorporated areas of the County shall comply with the minimum design criteria set forth in Whatcom County Code 15.04.040, and shall be compatible with local fire department standards and the design criteria adopted by each purveyor. Fire hydrants shall adhere to the specific design criteria and standards utilized by the utility but may not be less stringent than the Whatcom County Code. 5.3.2 Fire Hydrant Location Fire hydrants shall be located in unincorporated areas in accordance with Whatcom County Code 15.04.040. Within municipalities, the location specifications provided in the city fire ordinance or water system design standards shall apply, but shall not be less stringent than the Whatcom County Code. Actual location of hydrants should be identified in the development site plan and should be approved by the water purveyor and fire marshal prior to construction. Placements should be made to provide unhindered access for fire hose connections, testing, and maintenance. 5.3.3 Fire Hydrant Maintenance It is the determination of the WUCC that the responsibility for maintenance and testing of fire hydrants primarily rests with the water systems that own the infrastructure. For non -municipal corporations, a description of the hydrant maintenance procedures must be kept on file to be eligible for liability protection under RCW 70.315.060 for damages that may arise out of a fire event. Within all water systems, fire hydrants that are permanently inoperative or unusable shall be repaired or removed. Fire hydrants that are temporarily inoperative or unusable shall be wrapped or otherwise provided with temporary indication of their condition and the local fire authority notified when they are unavailable. Fire hydrants that are temporarily inoperative or unusable shall be repaired as soon as possible (WAC 246-293-650). 5-10 J:\DATA\WCPk414-065\PLAMFINAL\SECTION-5-MINIMUM DESIGN STANDARDS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 432 Minimum Design Standards Public water systems are encouraged to communicate with their local fire authorities regarding the location, operation, and status of their fire flow facilities. Where appropriate, a written agreement that identifies responsibilities for maintenance and testing of fire hydrants should be negotiated between the fire department or district and the water utility (WAC 246-293-650(8)). Such agreements could establish operation, maintenance, and testing policies that are mutually beneficial to both the fire authority and the water utilities and would clarify each party's respective roles and responsibilities. Communication is seen as being most important in the unincorporated areas and/or where County fire districts exist with dynamic boards of commissioners and local fire district chiefs. The tasks itemized in Table 5-2 should be carried out in a responsible manner by the assigned party at the specified frequency. The utility should notify the local fire authority in advance before any changes are made to hydrant installation or relocation. The local fire authority should notify the utility in advance of testing any fire hydrants. 5-11 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCPk114-065\PLAN\FINAL\SECTION 5 MINIMUM DESIGN STANDARDS.DOCX E K SECTXON 5 Table 5-2 Fire Protection Facility Operation, Maintenance, and Testing Water Utility Responsibility Frequency Review of location, installation, and type of hydrant, ports, and valves At time of permitting Inspection of new facility At ti me of construction Painting, numbering, and coding of hydrants As needed Hydranttesting, maintenance, and recordkeeping As needed Communications (emergency, alert system, faulty hydrant, etc.) As needed Clear vegetation and brush from hydrant Seasonally or more often as needed Backflow prevention between potable and fire protection systems Annually Estimatevolume and time of use of hydrants for Water Use Efficiency reporting Monthly Fire District Responsibility Frequency Review of location, installation, and type of hydrant, ports, and valves At time of permitting Notify water utility in advance when hydrants are used for training or testing As needed Communications (emergency, alertsystem, faulty Hydrant, flow tests, etc.) As needed Install and check reflector location, if used As needed Private hydrant and fire system testing Annual Estimate volume and time of use of hydrants Per occurrence 5.3.4 Fire Flow Requirements Water supply facilities for new developments and new or expanding public water systems shall be designed to meet the minimum fire flow requirements set forth in Table 5-3. The WUCC defers to the Fire Marshall's expertise and believes that the recommended fire flow requirements in Table 5-3 are an appropriate level of fire flow to meet the goal of this section of preventing or minimizing the loss of life, loss of property, and damage to the environment from the adverse effects of fire. Although typical fire flow requirements established for individual structures during the development review process are based on building type, construction, and other factors, 5-12 J:\DATA\WCP\414-065\PLAMFINAL\SECTION 5 MINIMUM DESIGN STANDARDS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 434 Minimum Design Standards Table 5-3 presents fire flow recommendations based on zoning to assist water purveyors in planning for fire protection within their service areas. The recommended fire flow requirements shown in Table 5-3 were developed in coordination with the County Fire Marshal and the WUCC, and includes flows that are typically required by the fire marshal for development within the zoning designations. The zoning designations in Table 5-3 are as defined in the County's current Comprehensive Plan. The general zoning classification may be referenced for zoning within incorporated areas. 5-13 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP'414-065\PLAMFINAUSECTION 5 MINIMUM DESIGN STANDARDS.DOCX 435 SECTION 5 Table 5-3 Minimum and Recommended Fire Flow Requirements Minimum Recommended Zoning Classification Fire Flow Requirement Fire Flow Requirement (gallons per minute (gpm)) (gpm) Industrial (HII, UI, GM, GI, RIM, AO) 1,000gpm for 2 hours 2,000 gpm for 2 hours Commercial (RGC, GC, TC, NC, STC, RC) 1,000 gpm for 2 hours 1,500 gpm for 2 hours Urban Residential 750gpm for 1 hour or commensurate with (URMX, URMX10-24, URMX6-12, standards of the adjacent municipal corporation, 1,500gpm for 1 hour URMX6-10, URM24, URM18, URM12) whichever is greater Urban Residential 500 gpm for 1 hour or commensurate with (URM6, UR6, UR4, UR3) standards of the adjacent municipal corporation, 750 gpm for 1 hour whichever is greater Rural Residential 500 gpm for 1 hour 500 gpm (residential)/ (TZ) 1,000 gpm (commercial) for 1 hour Rural Residential (RR3, RR2, RR1) 500 gpm for 1 hour 500 gpm for 1 hour Rural Residential (RR5A, RR10A, RRI) No fire flow requirement 500 gpm for 1 hour Rural (R2A, R5A, R10A) No fire flow requirement 500 gpm for 1 hour Resources (AG, RF, MRQ No fire flow requirement 500 gpm for 1 hour Resources (CF) No fire flow requirement No fire flow requirement Other 500gpm for 1 hour (riOS, Fi) No fire flow requirement for parks with structures, otherwise no fire flow requirement Notes: (1) Fire protection may be provided by means otherthan hydrants supplied by a water utility's distribution system provided that such alternative methods are fully documented in the utility's WSP and approved by the local fire protection authority (WAC 246-293-670, Whatcom County Code 15.04.040). (2) Projected density based upon designated land use in adopted County or city comprehensive plans. (3) Whenever existing land use densities are greater than the comprehensive land use designation density, the fire flow rate will be determined on the basis of existing density or per the determination of the fire marshal. (4) Within a designated service area, a utility that has fire flow capability shall extend existing water mains to provide flows whenever feasible. When main extension is not feasible, a remote system may be developed that is designed to accommodate fire flows in accordance with a jointly developed plan between the water utility and fire marshal's office. The plan shall be incorporated in the utility's WSP. (5) A greaterflow rate maybe required for certain developments as determined by the fire marshal. (6) Fire flow requirements for churches, schools, and labor camps will be established by the County Fire Marshal, but in no case will the required fire flow be less than that specified in the table above. Table 5-3 presents zoning -based fire flow requirements. However, the actual fire flow requirement for individual structures will be determined during the development review process and may be higher than those stated in Table 5-3. Utilities shall develop their capital improvement programs for meeting their fire flow objectives in consultation with the appropriate local fire authorities. It is the intent that said programs may be scheduled to be phased -in over a specific period of time 5-14 J:\DATA\WCPW14-065\PIAMFINAL\SECTION 5 MINIMUM DESIGN STANDARDS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 436 Minimum Design Standards considered to be reasonable for the individual circumstances. The program and schedule shall be described in the utility's comprehensive water system plan, which is subject to DOH approval. 5.3.5 Fire Flow Mitigation Alternatives The fire marshal and building official may consider any combination of alternative strategies to mitigate in part or in whole the lack of adequate or available fire flow water and/or reduce the minimum required fire flow storage volume or flow for a given project proposal (Whatcom County Code 15.04.040). Such strategies may include, but are not necessarily limited to: • Provide an automatic sprinkler system throughout the building or fire area when not otherwise required by the International Fire Code (IFC) or International Building Code (IBC). • Upgrade the proposed building construction type from combustible to non-combustible and/or fire -rated. For example, upgrade from Type VB to Type VA or Type IIB construction. • Provide fire walls or fire barrier walls to divide the building into smaller fire areas or to provide isolated storage of combustible packaging supplies and/or hazardous materials. • Provide enhanced setbacks from property lines and other buildings on the site. • Partner with an existing water purveyor to provide approved upgrades to the delivery capability of the existing purveyor system, such as upsizing sections of the piping system, providing a station or satellite pump, providing an additional system storage tank, or similar approved system upgrades. • Provide additional fire hydrants at approved locations with adequate, parking -prohibited staging areas for the fire district. • Provide a monitored fire alarm system when not otherwise required by the IFC or IBC. • Where appropriate, provide additional exits from the building to adequate, accessible exit discharge areas. • Reduce high -piled storage racking systems. • Other approved strategies that reduce risk to building occupants and emergency responders. Approval of such strategies is at the discretion of the fire marshal in cooperation with the Building Official. They are to be considered on a case -by -case basis, and based on the specific characteristics of a given project. The fire marshal may require system strategies be analyzed, evaluated, and/or designed by an approved Fire Technician or licensed Fire Tech/System Design Engineer. 5.3.6 Phased Fire Flow Plan If water service is requested of a utility in an area where only limited fire flow is currently provided, the cost of installing all improvements at once to meet the required level of fire flow may be prohibitive. In this case, the utility and developer may reach an agreement to provide the desired service through a schedule of improvements over a reasonable period of time. Until the schedule of improvements is fully implemented, the required level of fire flow may not be available in all 5-15 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAMFINAL\SECTION 5 MINIMUM DESIGN STANDARDS.DOCX 437 SECTZON 5 areas of the development. This phased plan must be approved by the County for service in unincorporated areas, or the city agency with jurisdiction within corporate limits, and must be consistent with the approved WSP of the utility (Chapter 246-293 WAC). If fire hydrants are not initially installed as part of the phased fire flow plan, a tee shall be installed at least every 900 feet where fire hydrants will be located (WAC 246-293-650(1)) or at approved hydrant location intervals per applicable sections of the current adopted edition of the IFC Section 507, Fire Protection Water Supplies; 11C Appendix C, Fire Hydrant Locations and Distribution; and as amended per Whatcom County Code 15.04.040. A phased fire flow plan shall be applicable when the following conditions are met: a) If the proposed new service is within the utility's designated service area, the utility shall have an approved WSP that contains a capital improvement schedule that provides the full level of water service to the phased fire flow plan area. If the new service is proposed outside of a designated service area and the utility intends to provide service, or if it is to be developed by a Satellite Management Agency (SMA), the utility or SMA shall submit an amendment to its WSP that addresses the needs of the new service area. b) A written agreement between the utility and developer setting forth the phased fire flow plan is submitted and approved by the city or County prior to issuing a development permit (subdivision, binding site plan, plat, short plat, etc.). The plan must identify the fire flow to be initially provided, projected growth expected in the proposed development, additional capital facilities required, a schedule of construction, and eventual fire flow to be provided. The phased construction schedule must provide for compliance with design standards within a reasonable period of time agreed to by the County. c) All water mains and other pe._manent facilities installed during the phased development period shall be in accordance with the eventual system design identified in the capital improvement schedule of the utility's WSP. If land use changes occur, or if growth does not occur as anticipated, the utility may submit a revised plan that irdentifec the reasons for variatinn frnm the orivinal nlan and a fixed date for p..._. .b.. Y compliance to be achieved. 5.3.7 Low Flow Hydrants (For Existing Systems) While not all public drinking water systems in Whatcom County provide fire flow, it is recognized that some water systems have installed fire hydrants that do not meet fire flow standards. Connection to these systems for fire suppression can result in negative pressures and possible cross contamination of the system. Public water systems that are not required to comply with minimum fire flow standards shall coordinate with the local fire control authorities to ensure that any hydrants on the system, if they can possibly be used in the course of fire suppression activities, do not create adverse pressure problems within the water system as a result of fire control actions (WAC 246-290-221). In order to safeguard public health, drafting (pulling water from a hydrant) of fire hydrants is prohibited unless otherwise agreed between the purveyor and the fire authority. Hydrant connections may only be made with collapsible hose unless the utility informs the local fire control authority otherwise. For all water systems in the unincorporated portions of the County, the caps on all hydrants must be color -coded RED when: 5-16 J:\DATA\WCP\414-065\PLAMFINAL\SECTION-5-MINIMUM DESIGN STANDARDS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN [SIE•7 Minimum Design Standards • The effects of supplying fire flow are unknown; • Fire flow is less than 500 gallons per minute (gpm); or • Fire flow would reduce system pressures to less than 20 psi; The reason for this measure of safety is that most existing rural water systems are not designed to meet minimum fire flow standards, even if they have fire hydrants, while maintaining 20 psi throughout the entire system during fire flow conditions, It is a common misconception that a fire hydrant can be used (drafted/pulled) for its maximum flow capacity as long as the pressure at that fire hydrant does not drop below 20 psi. In fact, an individual hydrant may free flow large quantities of water while maintaining in excess of 20 psi. However, the assumption is false that more water is available to be drawn from a hydrant by drafting (pulling) down to 20 psi. Drafting or pulling from a hydrant beyond what freely flows is likely to reduce the pressure elsewhere in the system below 20 psi and create negative pressure, which can cause contamination through backflow, failure of residential plumbing, and even catastrophic failure of water system facilities. The WUCC believes it is the responsibility of a water system to take steps to retard free flow of water from its system hydrants to maintain system pressures above 20 psi. These steps may include installation and operation of valves, orifices, or other flow restriction methods. 5.3.8 Water Rights and Fire Flow The diversion or withdrawal and use of water for firefighting, such as containing, suppressing, and extinguishing a fire, including the use of water from hydrants, is essential to the public welfare and does not require a water use authorization from Ecology. However, use of water for some fire protection purposes does require a water right permit. The following definitions of firefighting facility, firefighting water use, and fire protection are taken from Ecology Policy POL-2015: Firefighting facility means any building or place that provides firefighting service and is used primarily for storing and maintaining firefighting equipment and/or housing firefighting personnel. Water may be used within the facility for training firefighting personnel, and testing and maintaining firefighting equipment. A water right is required for such uses. Firefighting water use means the use of water to contain, suppress, and extinguish a fire that is an immediate threat to persons or property. It also includes temporary use of water for drinking and sanitation by firefighting personnel as needed during the act of fire suppression and extinguishment. A water right is not required for this use. Fire protection is a beneficial use of water associated with the ongoing use of water to reduce fire risks. It includes irrigating buffer areas, storing water for fire use, and supplying fire hydrants within developments. Fire protection water use also includes the use of water within a firefighting facility for training firefighting personnel, and testing and maintaining firefighting equipment. A water right is required for such uses (emphasis added). When a water right permit is required, it must be obtained in accordance with Ecology regulations and procedures (Chapter 173-160 WAC). Copies of water rights documents, correspondence, and other records are to be maintained on file by the purveyor. Water used for firefighting facilities 5-17 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCPIA14-065\PLAMFINAL\SECTION 5 MINIMUM DESIGN STANDARDS.DOCX 439 SECT ZOO 5 and for fire protection purposes, if not a permit exempt use of water, also requires a water right. Any water right issued for these purposes will identify "fire protection" as the beneficial use. Groundwater withdrawals of not more than 5,000 gallons per day, as authorized under the groundwater permit exemption (RCW 90.44.050), may be used to serve a firefighting facility, or up to 1/2-acre lawn or noncommercial garden may be irrigated as a buffer area for fire protection purposes.. 5.4 Standards Review Subcommittee A Standards Review Subcommittee (Subcommittee) shall be established by the WUCC and should be convened by the Whatcom County Executive's Office, or his/her designee, at least annually to review these standards and their implementation. The Subcommittee shall seek input from the County Fire Marshal, city fire departments, and the County Fire Chiefs Association in matters related to fire protection standards. The Subcommittee should also include representation from engineering firms and other technical staff, as required. Recommendations of the Subcommittee shall be submitted to the WUCC and, if revisions are approved, they shall be forwarded to the County Council for adoption. 5.5 Severability If any provisions of these standards or their application is found to be invalid, the remainder of the standards and their implementation should not be affected. 5-18 J:\DATA\WCP\414-065\PLAMFINAL\SECTION 5 MINIMUM DESIGN STANDARDS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN II' Section 6 — Utility Service Review Procedures 441 442 Section 6 - Utility Service Review Procedures 6.0 Introduction This section of the CWSP, the Utility Service Review Procedures (USRP), presents the administrative procedures for directing applicants with development proposals that require potable water service (WCC 24.11.050) in the unincorporated portion of the CWSSA to the most appropriate source of water. This section is developed in accordance with WAC 246-293-190 rules that are in part authorized by the Coordination Act. The USRP generally directs applicants with development proposals that require potable water availability approval to water utilities with readily available water service. When water service is not readily available, it provides procedures for developing a new water public water system. Although not required by state law or rule, this section also applies to the circumstances in which a private water supply may be approved. These procedures are intended to guide local officials, citizens, development applicants, and regulatory agencies in identifying the necessary facilities for providing adequate potable water service. The Coordination Act (RCW 70.116.060) prohibits the establishment of a new public water utility within the CWSSA unless it is determined that existing utilities are unable to provide the service in a timely and reasonable manner. The primary goal of these procedures is to first direct applicants to existing utilities that are willing and able to provide water service. The GMA requires that each applicant for a building permit necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Any major change in land use plans may require substantial system improvements to serve the proposed development because water utilities should, and in some cases must, develop their systems to be consistent with applicable land use plans. Therefore, special review procedures are provided in this section and will apply to applications that propose a land use change. 6.1 Service Areas Reference to "service area(s)" within the CWSP means the specific geographical area described in the written agreement required by RCW 70.116.070(1) and WAC 246- 293-250 (Section 4.0). All water utilities are required to designate a service area boundary. Service areas within the CWSSA are depicted in Exhibit 2-2. For utilities with water system plans, service area designations will be included in the plan. For water utilities that do not have a water system plan, their service areas shall be attached to a Declaration of Water Utility Service Area form as provided in Exhibit 4-1, which is completed by an authorized representative of the water utility, and submitted to PDS. Statutory authority included in Substitute House Bill 2929 of 1990 codified in Chapter 19.27 RCW. 6-1 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION-6-UTILITY SERVICE REVIEW PROCEDURES.DOCX I I R SECTZON 6 The types of water service areas are as follows: • Existing Service Area: DOH Publication 331-432 (dated November 2010) defines an existing service area as the area in which the utility currently provides direct service, remote service, or where service connections are currently available. • Future Service Area: Public water utilities may identify future service areas that are outside of the current retail service area but in which they plan to serve water in the future. • Retail Service Area: WAC 246-290-100 requires all municipal water suppliers to designate a retail service area where they currently provide or plan to provide direct retail service connection to customers. • Wholesale Service Area: Utilities may also designate wholesale service areas in their water system plan where they provide or plan to provide only wholesale water service. Wholesale service areas are not regulated under the Coordination Act. If a water system plan does not differentiate between retail and future service areas, then their entire service area is presumed to be a retail service area. 6.2 Activities within City Boundaries Water service requests within incorporated areas are not subject to the USRP provided in this section. Applicants for such water service must contact the municipality directly. 6.3 Timely and Reasonable The USRP makes reference to the provision of water service in a timely and reasonable manner. The term "timely and reasonable" is included in both the Coordination Act (RCW 70.116.060(3)(a)) and the Municipal Water Law, although with different meanings. With respect to the Coordination Act (Chapter 70.116 RCW), the term "timely and reasonable" is applied to the conditions of service for applicants seeking water service within the future service area of a water utility. Applicants for water service located in an existing water system's future service area must request service from the existing system. In this case, the existing utility has the "right of first refusal" of water service. If the system cannot provide the new service in a timely and reasonable manner, the applicant may pursue the following options in the order presented: 1. Seek service from another water system. If service is not available, the applicant may 2. Develop a new public water system if another system is not willing or able to provide the service. Note: "Public water system" includes all systems except those serving one single-family residence or four or fewer service connections on the same farm. As used in this document, the term is generally synonymous with "Purveyor" and "Utility." "Private water supply" means a non -Group B water supply serving up to two single-family residences (per Whatcom County Drinking Water Ordinance — WCC 24.11). 6-2 J:\DATA\WCP\414-065\PLAN\FINAL\SECTION-6-UTILITY SERVICE REVIEW PROCEDURES.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN ME I Utility Service Review Procedures The Coordination Act defines "timely" as actions taken within 120 days, but it does not specify when the period begins and ends. The Coordination Act allows CWSPs to specify utility actions for completion in this 120-day period. The Coordination Act does not define "reasonable." The DOH suggests the following criteria for defining reasonable (DOH Publication No. 331-444, December 2012): • Conditions of service are consistent with local land use plans and development regulations; • Conditions of service and associated costs are consistent with those documented in the system's approved water system plan. Conditions of service and associated costs are consistent with the system's acknowledged standard practice experienced by other applicants requesting similar water services. Under the Municipal Water Law, the term "timely and reasonable" is used as one of the conditions in which a water utility has a "duty to serve" within their retail service area. Municipal water suppliers have a duty to provide service to all new connections within their retail service area where the circumstances meet four threshold factors (DOH Publication No. 331-366, November 2010): l . The utility has sufficient capacity to serve water in a safe and reliable manner. 2. The service request is consistent with adopted local plans and development regulations. 3. The utility has sufficient water rights to provide service. 4. The utility can provide service in a timely and reasonable manner. Because the two laws use the term "timely" differently and neither law defines "reasonable," DOH recommends that a definition for timely and reasonable service be provided in the CWSP. Consequently, timely and reasonable service shall be defined as follows (in order of priority). 1. As defined in the water utility's approved water system plan. 2. If the water utility does not have a water system plan, the definition shall be as defined in the utility's service policies provided that the definition is not inconsistent with the Coordination Act. 3. If the water utility does not have a water system plan or service policies or the water system plan or service policies do not provide a definition for timely and reasonable, the definitions shall be as follows: Water service is considered timely when: o the water utility can provide water service within 120 days of receiving all necessary permits to begin installation of required system improvements, if the utility is conducting system installation; or o the water utility can provide water within 120 days of the applicant installing all necessary system improvements; or o as otherwise agreed to between the applicant and utility. 6-3 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION-6-UTILITY SERVICE REVIEW PROCEDURES.DOCX 445 SECTION 6 Water service is considered reasonable if costs and conditions of service are consistent with the utility's acknowledged standard practice experienced by other applicants requesting similar service. This CWSP update includes an appeals process to resolve disputes between applicants and utilities regarding the timely and reasonable provision of water service. 6.4 Utility Service Review Procedures The first step in the USRP is to identify the utility service area within which a proposed development is located. The CWSP places responsibility on the review agencies to recognize a designated utility service area. In turn, the utility is responsible for effective management within that service area. The USRP then describes, in order of priority, the available water service options. It also describes options for water service to proposed developments lying outside of designated service areas (Figure 2-2 — Water System Service Area Map). The USRP applies to all development proposals requiring potable water availability approval by Whatcom County including, but are not limited to: new plat or subdivision development; short plats; land use permits; rezones; issuance of residential and commercial building permits; creation of new water systems; resolution of health emergencies arising out of existing public water systems; source site inspections; and other related activities. PDS will initiate and administer the review procedure at the time an application is submitted for permits or approvals, or upon request. A flow chart of steps to be followed in the USRP is provided as Figure 6-1. 6-4 J:\DATA\WCP\414-065\PLAN\FINAL\SECTION-6-UTILITY SERVICE REVIEW PROCEDURES.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN MA Utility Service Review Procedures Figure 6-1 overview of Utility Sege Review Procedures The USRP directs applicants for water availability approval to the Official CWSP map to identify an existing water utility willing and able to provide water service. In effect, the result of the USRP is to assign the proposed new development to the service area of a designated water utility. In the event a designated utility is unable or unwilling to provide service, the referral process referenced in subsequent paragraphs shall be followed. Pursuant to state law (RCW 70.116.060 and 070 and WAC 246-293-401, 420, and 430), approval of water service requests occurring within a contested service area or the service area of a utility that has not completed either its required individual water system planning document or its Declaration of Water Utility Service Area (Exhibit 4-1) may be denied by the County until these 6-5 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 6 UTILITY SERVICE REVIEW PROCEDURES.DOCX 447 SECTION 6 issues are resolved. Contested service area disputes should be resolved by the affected utilities. If the utilities cannot resolve their dispute, the affected utilities are directed to the appeals process in Section 9.2. If the affected utilities are unable or unwilling to resolve their service area conflicts, the DOH shall render a determination following appropriate due process as defined in RCW 70.116.070(2). 6.4.1 Review Process for Development Proposals or Water Service Requests in Conformance with Applicable Land Use Plans When development and associated water service applications conform to land use plans and zoning ordinances, the USRP will generally follow the sequential steps outlined in Figure 6-1. This sequence is described as follows. (1) PDS will coordinate review of all development proposals. within the unincorporated area of the CWSSA. PDS will review land use development proposals and determine whether or not they are in conformance with the applicable comprehensive land use plans, zoning, building, and fire code, and service area interlocal agreements. Upon determination of appropriate land use designation, PDS will review applications for residential or non-residential building permits for conformance with the appropriate codes. (2) Applicants requesting water availability approval must coordinate their supply needs with an existing utility, as directed by PDS. PDS will review the proposed water service request and direct the applicant to one of the following water sources: the designated utility; an adjacent utility; a Satellite Management Agency (SMA); the creation of a new utility; or use of a private water supply, as outlined in the steps below. (a) Proposed Development within a Municipal Water Supplier's Designated Retail Service Area The applicant will first be referred to the designated municipal water supplier (utility). Per the requirements of RCW 43.20.260, a municipal water utility has a duty to serve the applicant if the applicant's project is located within the utility's retail service area and if the conditions defining "duty to serve" are met. In response to a request for water service, the utility will give written notice on the Notification of Water Availability form of its intent to exercise one of the following options, in order of priority: i. The designated utility provides direct service by connection to existing mains or by extension of existing mains and supply; or ii. The designated utility approves a design for a new detached, remote system and upon construction in accordance with said design, owns and operates the system; or iii. The designated utility approves design of a new water system that is separate from the designated utility's water system, to be owned by the developer of the new system, and enters into an agreement specifying the operational requirements and financial obligations of the owners of the remote system. The remote system may be operated by the designated utility, an adjacent utility, an SMA, or the developer/homeowners 6-6 J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 6 UTILITY SERVICE REVIEW PROCEDURES.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN Utility Service Review Procedures association. The remote system owner submits documentation to PDS that the designated utility acknowledges and approves the creation of the new system. The remote system owners are responsible for financing, constructing, and properly operating the system until the two systems are connected. If the utility cannot meet one or more of the duty to serve conditions, including timely and reasonable, the applicant will be referred to an adjacent utility (WAC 246-293-190). If the adjacent utility is unable or unwilling to serve, or it is determined that the conditions of service extensions identified by the utility are not timely and reasonable, the applicant may develop a new water system or a private water supply. (b) Proposed Development within Designated Future Service Areas The applicant will be referred to the designated water utility. In response to a request for water service, the utility will give notice of its intent to exercise one of the following options, in order of priority: i. The designated utility provides direct service by extending existing mains and supply; or ii. The designated utility denies direct service. The applicant then requests water service for the proposed development from a utility adjacent to the service area. The adjacent utility must have an approved water system plan that allows for expansion or must modify their plan to provide for the expansion. If the developer reaches agreement for water service with an adjacent utility, the adjacent utility will initiate an appropriate change in their designated service area boundaries through the process established in Section 4; or iii. The designated utility approves a design for a new detached, remote system and upon construction in accordance with said design, owns and operates the system; or iv. The designated utility approves design of a new water system that is separate from the designated utility's water system, to be owned by the developer of the new system, and enters into an agreement specifying the operational requirements and financial obligations of the owners of the remote system. The remote system may be operated by the designated utility, an adjacent utility, an SMA, or the developer/homeowners' association. The remote system owner submits documentation to PDS that the designated utility acknowledges and approves the creation of the new system. The remote system owners are responsible for financing, constructing, and properly operating the system until the two systems are connected; or v. The designated utility denies service and thereby may be subject to relinquishment of that portion of its service area. At this point, because water service cannot be provided in a timely or reasonable manner pursuant 6-7 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414.065\PLAN\FINAL\SECTION 6 UTILITY SERVICE REVIEW PROCEDURES.DOCX a, k SECTION 6 to the Coordination Act, a new water system is developed, and service options are further determined through the procedures described below. (c) Proposed ;Development in Relinquished Service Areas or Nan -Designated Areas If the development is in a relinquished or undesignated service area, the following will occur, in order of priority: i. PDS will refer the applicant to the Whatcom County Health Department (WCHD); WCHD will identify existing utilities within 1/2 mile of the proposed development and refer the applicant to those utilities for water service. The adjacent utility must have an approved water system plan that allows for expansion or must -modify their plan to provide for the expansion. If the applicant reaches agreement for water service with an adjacent utility, designated service area boundaries are changed through the process established in Section 4 of this CWSP; or If adjacent utilities are unwilling to provide service, do not exist, or service cannot be provided in a timely and reasonable manner, the applicant may create a new public water system or establish a private water supply following the process described below. (d) Approval of New Public Water Systems The process described above may result in the formation of a new public water system only in those instances where existing utilities are unwilling or unable to provide service in a timely and reasonable manner. A new water utility will be required to have an approved Declaration of Water Utility Service Area (Exhibits 4-1 and 4-2), the required water system planning document, and provide evidence of a water right (if required) issued by the Department of Ecology. Applicants wishing to use groundwater as a water source need to comply with applicable local standards relating to the siting of the well and to state requirements including, but not limited to, RCW 90.44.050 (the groundwater permit exemption), Chapter 173-160 WAC, Minimum Standards for Construction and Maintenance of Wells, and the Water Resource Inventory Area (WRIA) 1 and WRIA 3 Instream Resources Protection Programs (Chapters 173-501 and 173-503 WAC). (e) Approval of Private Water Supply The Coordination Act and its rules (specifically, WAC 246-293-190) do not require counties to develop procedures that apply to the approval of a private water supply. However, in the interests of overall coordination and ease of use, Whatcom County has elected to enlarge the scope of its USRP to include procedures that apply to private water supplies. This procedure applies only to those land uses that do not require public water per the Whatcom County Drinking Water Ordinance (WCC 24.11). This ordinance requires applicants who are requesting water availability approval of a private water supply to first request service from an existing public water system; and, if 2See CWSP Glossary for a definition of '`private water supply." 6-8 J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 6 UTILITY SERVICE REVIEW PROCEDURES.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN Utility Service Review Procedures connections are available and the public water system is willing to provide service, the applicant must connect to that public water system when (WCC 24.11.050): 1. The applicant proposes to use surface water, spring water, rainwater, or contaminated groundwater; or 2. The applicant proposes to build on a lot located in a long or short subdivision approved based on the availability of public water; or 3. The existing public water system has water lines adjacent to the property line of the applicant and connection is consistent with RCW 36.70A.1103; or 4. The existing public water system has defined a "service area boundary" in accordance with the CWSP which includes the property of the applicant. If a public water system or municipal water supplier does not have available connections or is unwilling to provide service in either its existing, retail, or future service areas, and no adjacent system is able or willing to provide service and, provided that the particular land use does not require a public water system, then in that case a private water supply may be developed subject to water availability approval by the WCHD and in accordance with WCC 24.11. Additional Considerations 1. When development is proposed on existing lots that were created and approved on the basis of a private water supply, the existing private water supply must continue to meet WCHD requirements, and at time of application for a building permit, the proposed development may require additional water availability review and re -approval. 2. In the rare event that water availability approval is requested on a lot that was created and approved on the basis of a public water system, but at the time of application for a building permit and request for water availability approval it is determined that a public water system is not available, WCHD will make a case -by -case determination as to whether or not a private water supply may be approved or whether public water service is required. If WCHD determines that public water service is required, and also finds that no other existing public water system is able or willing to serve, then in that case, a new public water system may be developed subject to these utility service review procedures that apply to the development of a new public water system. 6.4.2 Review Process for Development Proposals or Water Service Requests Not in Conformance with Applicable Land Use Plans If a development proposal requires a zoning change or alteration of applicable land use plans, then PDS shall contact each affected utility and allow them to comment on the proposal prior to approval of the zoning change. By identifying new or additional utility costs associated with changes in land use or zoning, the costs of development can be integrated into the decision making process and will allow the consideration of an assignment of costs. s For the purposes of this CWSP, water lines are considered adjacent to a property when the water lines lie within either side of the right-of-way or easements directly abutting the property. 6-9 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION-6 UTILITY SERVICE REVIEW PROCEDURES.DOCX 451 SECTZON 6 6.4.3 Appeals Process The USRP process described herein provides the process for directing applicants for water service to the appropriate source of water, and conditions for providing that service. Issues of what constitute appropriate conditions of service may be expected to arise between applicants and water utilities. To resolve these disputes, an appeal procedure has been developed. The appeals procedure is included in Section 9, along with procedures for resolving other disputes. 6.4.4 Special Review Consideration In the review of development proposals and associated requests for water service, PDS shall be guided by the special considerations provided below. (1) Applications for Service to Non-residential Properties Commercial and industrial properties represent a fire flow responsibility that may greatly exceed flows required for residential housing. These flow requirements are critical to the sizing of the storage, pumping, and piping facilities. For these reasons, PDS shall also use the referral process described herein for all proposed commercial and industrial developments. (See Section 5 for system design standards.) (2) Expanding Group A Non -community or Group B Systems Special consideration is required for Group A Non -community or Group B systems currently designated as non -expanding systems (after adoption of the CWSP) that wish to expand both inside and outside of designated service areas. These considerations are addressed below. (a) Expansion outside Utility's Designated Service Areas An expanding Group A Non -community or Group B system located outside of a utility's designated service area will be referred by PDS to adjacent, larger utilities with approved water system plans or SMAs. This will allow the expanding system to discuss and evaluate utility service proposals by an adjacent utility or SMA versus expansion. If the decision is made to pursue expansion, the system owner must submit a completed Service Area Agreement to PDS. Furthermore, pursuant to WAC 246-290-100, a water system plan needs to be prepared or revised to incorporate the proposed expansion. The plan must be submitted to PDS to be reviewed for local government consistency, and approved by DOH before the expansion is allowed to take place. (b) Expansion within Utility's Designated Service Areas An expanding Group A Non -community or Group B system located within a designated utility service area will not be allowed without approval by the designated utility. 6.4.5 Public Water System Availability A public water system is considered to be available if any of the following apply: The distribution line for the public water utility is of adequate size and adjacent to the property requesting service; or 6-10 J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 6 UTILITY SERVICE REVIEW PROCEDURES.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 452 Utility Service Review Procedures 2. The existing public water utility is planning, at the utility's own expense, to extend the existing water supply line adjacent to the property within one year from the initial written request for water availability; or 3. The applicant is willing to extend the existing water supply line to the property at the applicant's own expense, per the existing public water utility's policies and procedures; or 4. The applicant is located within the retail service area of an existing utility and that system has agreed to serve the applicant's project; the terms of the service offered by the utility are timely and reasonable, and consistent with the conditions of service provisions contained within the water system's DOH approved water system plan; documentation is provided from the existing public water utility that any of the above provisions can be met; and a Letter of Water Availability that is related to this procedure and acceptable to the County is provided from the existing public water utility. 6.4.6 DOH Satellite Management Agency (SMA) Requirements Creation of a new public water system can occur after all of the USRP processes are exhausted. When a new system is created, it must be owned or operated by a department -approved SMA if one is available (WAC 246-290-035(1)(a)). The requirements for the provision of SMA services are embodied in the Coordination Act at RCW 70.116.134 and in Chapter 246-295 WAC. The RCW and WAC establish the criteria for designating entities as approved SMAs, delineate the process that SMAs must follow, and outline procedures for coordination between water users, utilities, SMAs, local government, and the DOH. A SMA is defined in RCW 70.116.134(6) as "A person or entity that is approved by the secretary to own or operate more than one public water system on a regional or countywide basis, without the necessity for a physical connection between such systems." DOH policy regarding SMA service in areas having CWSPs is as follows: If a utility has claimed a future served area in a DOH approved WSP and identified that it may be served with a remote system, DOH will require that system, in their next WSP update, to include information about their SMA program that satisfies the approval criteria. If the system opts not to submit the SMA information, DOH will not approve the updated WSP until the service area to be served with remote systems is modified. WAC 246-295-070, Requests for Water Service, states that: The county or city agency responsible for determining water availability shall direct an individual or other entity proposing a new system or requesting water service to contact one or more approved SMAs designated for the service area where the new system is proposed. Such contact shall take place prior to construction of a new public water system and shall be documented in writing to the appropriate county or city. In addition, WAC 246-290-035(1)(a) states that: (1) The following requirements apply to all newly developed public water systems: (a) Except for systems proposed within an individual water system's approved 6-11 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION_6_UTILITY SERVICE REVIEW PROCEDURES.DOCX SECTZON 6 service area in a critical water supply service area as governed by the Public Water System Coordination Act, chapter 70.116 RCW and chapter 246-293 WAC, and offered service by that existing system, any proposed new public water system must be owned or operated by a department approved satellite management agency (SMA) if one is available. If no approved SMA agrees to own or operate the proposed system, the applicant can seek DOH approval to operate the system itself by demonstrating that it has the ability to meet financial viability and other operating requirements. 6.4.7 Current Approved SMAs in the Whatcom County CWSSA The DOH maintains a list of approved SMAs for each county. The criteria and process for the approval of SMAs.;.- contained in Chapter 246-295 WAC. 'Phis regulation establishes the submittal and approval process and identifies the required contents of an SMA plan when the SMA proposes to own the new system, and when it intends only to manage and operate the new system. As of January 1, 2016, the following entities are approved as SMAs in Whatcom County. For each approved SMA, the contact person, the type of service offered by the SMA (ownership, operation and management, or both), and contact information are listed. Note that all of the approved SMAs in Whatcom County are currently authorized for management and operations only. No SMAs are authorized for system ownership in Whatcom County. Each of these SMAs provides services countywide. Northwest Water Systems (SMA #119) Management & Operations only Jon Wiley, President PO Box 123 Port Orchard, WA 98366 (360) 876-0958 info@nwwatersystems.com Northwest Water Works, Inc. (SMA #126) Management & Operations only Brad Ferris 8618 Tilbury Road Maple Falls, WA 98266 (360) 656-5576 Water & Wastewater Services (SMA #148) Management & Operations only Kelly Wynn 14263 Calhoun Road Mount Vernon, WA 98273 (360) 466-4443 wwsvc@wwsvc.com Water Systems Services, Inc. (SMA #163) Management & Operations only Dave Olson, President 6951 Hannegan Road Suite 2 Lynden, WA 98264 (360) 739-5661 info@watersystemservices.net 6-12 J:\DATA\WCP\414-065\PLAN\FINAL\SECTION_6_UTILITY SERVICE REVIEW PROCEDURES.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 454 Section 7 - Receivership of Failing Systems 455 THIS PAGE INTENTIONALLY LEFT BLANK 456 Section 7 — Receivership of Failing Systems 7.0 Receivership of Failing Systems The Washington State Department of Health (DOH) and local health jurisdictions share responsibility for enforcing state drinking water regulations to ensure safe, reliable drinking water. The DOH tracks water system sample results, conducts technical investigations, and takes action as needed to ensure compliance. When a water system fails to provide safe and reliable water, the DOH uses a variety of tools to bring it back into compliance. These include informal actions such as phone calls, letters, site visits, and technical assistance, as well as formal enforcement actions such as issuing orders and penalties. In most cases, by the time formal enforcement action occurs, the water system has exhausted all reasonable justifications for not meeting DOH requirements. As a last resort, if the system fails to respond, the Secretary of Health or the local health officer may file a petition with the Whatcom County Superior Court. The Court, in turn, may appoint a receiver who is willing and able to operate the water system. A receiver is an entity appointed by the court to manage a water system. Receivership is not a final action, but is a process to bringfailing ailing public water systems back into organizational and operational compliance. Generally, the court intends receivership to be temporary until permanent solutions have resolved the water system's problems. The failing water system should carefully evaluate receivership, as it will result in obligations to meet, including but not limited to, the following: • Conducting an audit by a Certified Public Accountant (CPA) of all accounts, corporate books, and records (Revised Code of Washington (RCW) 7.60.180; RCW 64.38.045); • Ensuring that a licensed professional engineer with expertise in water systems conducts a physical inventory of all assets within 35 days of appointment as a receiver (RCW 7.60.090(2)); • Taking sworn depositions of all current and past officers and directors (RCW 7.40.060(1)(i); RCW 7.60.080(4)); • Obtaining an appraisal of water system value (RCW 7.60.060(1); RCW 7.60.090(5)) by a qualified appraiser; • Developing a proposal prepared by a licensed professional engineer with expertise in water systems to upgrade the water system to meet current DOH standards (RCW 43.70.195); and • Developing a proposal for how to pay for the proposed upgrade costs (such as a local improvement district), and recover public expenses through special assessments against the owners (RCW 43.70.195(5)). RCW 43.70.195 provides that whenever an action is brought by the Secretary of Health or a local health officer to place a public water system in receivership, the petition shall include the names of one or more suitable candidates for receiver who have consented to assume operation of the water system. If there is no other entity willing and able to be named as receiver, the court shall appoint the county in which the water system is located as receiver. 7-1 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 7 RECEIVERSHIP OF FAILING SYSTEMS.DOCX 457 SECTION 7 Existing utilities have accepted the lead responsibility for providing public water supply within their designated service areas through the establishment of service area boundaries in the Coordinated Water System Flan (CWSP) and the review process described above. Therefore, these utilities should be considered the primary candidate as receiver for a failing system within or adjacent to their system. A logical extension of this responsibility is for the designated utilities to assist in correcting problems of failing systems within the boundaries of their service areas and ultimately accept ownership of the failing system following the designated system's upgrade to standards. Designated satellite management agencies (SMAs) are candidates named as the receivers of failing systems outside all other designated service areas and within designated service areas where suitable candidates are not otherwise available. Group A — Community systems with 100 or more permanent connections, and all expanding public water systems that intend to have 100 or more permanent connections, will be considered candidates to assume the receivership role described in RCW 43.70.195 for failing systems within their designated service area. The Secretary of Health or Whatcom County Health Officer will advise the court of the name of one or more suitable candidates for receiver who have consented to assume operation of the water system in any future petition for receivership. As stated above, if no other entity is willing or able to be the receiver, the court shall designate the county as the receiver of last resort. If Whatcom County (County) is named the receiver, RCW 36.94.150 allows the County to lien the owner's real property and foreclose against such property within 60 days of delinquency should the owner fail to pay rates and charges. Additionally, all of the County's costs for administrating the receivership, including staff time (salary and benefits), are billable directly to the system owners as receivership administrative expenses (RCW 7.60.060). 7-2 J:\DATA\WCP\414-065\PLAMFINAL\SECTION 7 RECEIVERSHIP OF FAILING SYSTEMS.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN M-01 Section 8 - Issues with Potential Implications for Public Water Systems in Whatcom county 459 Issues with Potential Implications for Public Water Systems in Whatcom County Section 8 - Issues with Potential Implications for Public Water Systems in Whatcom County 8.0 Introduction The CWSP encourages implementation of regional solutions to resource issues commonly shared by water utilities throughout the area. During development of the 1993 and 2000 CWSPs, several issues were identified as impediments to adequately meeting current and future water service responsibilities. In this section, a brief summary of the status of some of these issues are presented. The purpose of this section is to identify the issues that may affect the management of water by and for public water systems in Whatcom County. The discussions provided below are summary in nature and solely intend to provide general awareness and understanding of the various issues so that water system may consider the potential ramifications on the operation and maintenance of their systems. It is not the role of the CWSP to propose or implement solutions for these issues. Rather, the CWSP is intended to serve as a part of the County's larger overall efforts related to water supply issues. These issues would be addressed best as part of an overall water supply plan that includes all beneficial uses of water and would ultimately inform the County's comprehensive plan as it relates to water supply and water use in the County. The information provided also encourages consideration of these issues in the broader comprehensive planning effort mentioned above. 8.1 Tribal Water Issues The Lummi Indian Nation and Nooksack Indian Tribe are federally —recognized sovereign Indian tribes. The Lummi Nation has a reservation located in western Whatcom County. As federally - recognized zed sovereign tribes, they have powers of self -governance and the authority to regulate various aspects of water management within their reservations and have treaty rights affecting water resources that may extend beyond their reservation boundaries. 8.1.1 Lummi Peninsula Groundwater Settlement In January 2001-, the United States, in its own right and on behalf of the Lummi Nation, commenced suit in the United States District Court for the Western District of Washington regarding the use of groundwater against landowners who owned wells on a portion of the Lummi Reservation, referred to here as the Lummi Peninsula, and against the Washington State Department of Ecology. The Lummi Nation intervened in the suit as a plaintiff, and the Court ordered the plaintiffs to join all non-I✓ummifee landowners within the litigation area. Negotiations between the parties occurred and the settling parties filed a Notice of Filing, along with the revised Settlement Agreement and all exhibits, on November 13, 2007. On November 20, 2007, Judge Zilly signed and filed the Order and Judgment in this case, which approved the Settlement Agreement as it was filed with amendments required by the Court. This concluded the litigation at the Court. The settlement agreement was appealed by some objectors, and twice the Ninth Circuit Court of Appeals affirmed the Court's judgment approving the Settlement Agreement. M Issues with Potential Implications for Public Water Systems in Whatcom County Figure 8-1 shows the extent of the area included in the settlement agreement in relation to the entire Lummi Reservation uplands. The settlement agreement provided clarity to all users of groundwater on the Lummi Peninsula and established a framework for Ecology to appropriate the remainder of the state's allocation. The agreement laid out the rights and obligations of all parties and developed a framework to protect the groundwater resource and ensure compliance with the settlement agreement. It also established metering requirements, maximum annual pumping volume, water quality monitoring requirements, replacement well setbacks, and reporting requirements. Ecology is charged with making sure that all of the public water systems and individual water users pumping water from the state's allocation comply with the settlement agreement. The Lummi Nation is charged with making sure that the Lummi Nation Perri sul Tribal Waater District' system and the individual tribal water users pumping water from the Tribe's allocation comply with the settlement agreement. A federal water master has been assigned to guarantee compliance by all parties with the settlement agreement. The state -regulated water users were originally granted 120 acre-feet per year (afy) of water, and the Lummi Nation could take the remainder of the water physically available (estimated to be up to 780 afy based on groundwater modeling). Even though the Lummi Nation could assert that its water rights are senior, since they date from the time of formation of the reservation (1855), the Tribe agreed not to assert the senior priority of water rights on the state water users as long as the conditions of the settlement agreement were followed. Under the settlement, water quality monitoring and triggers were put in place to protect the resource from saltwater intrusion. Setbacks were established between single and group domestic wells to prevent a new well from being drilled within a specified distance of an existing well to help spread withdrawal over the aquifer and reduce interference drawdown between neighboring wells. All wells supplying single homes were granted an annual volume of 0.39 afy, which equates to an annual average withdrawal of 350 gallons per day (gpd) per home. Public water systems were granted either the volume of water listed on the face of their water right documents, or 0.39 acre-feet for each connection if the system was served by a permit -exempt well. (Hamden Island Water Association is limited to 11 connections on a permit -exempt well, and Bell Bay Community Water Association is limited to 5 connections on a permit -exempt well.) The public water systems included in the settlement are shown in Table 8-1 and on Figure 8-1. 1 The Lummi Tribal Water District is established under Title 16 of the Lummi Nation Code of Laws. Section 8 — Regional Resource Issues 8-3 S4 Table 8-1 Public Water Systems Within the Lummi Peninsula Settlement Area that are Currently Regulated under the CWSP Water System Name Public Water System ID Group Water System Type Annual Volume (afy) Sunset Water Association 86200 A Comm 35.0 1 Georgia Manor Water Association 27450 A Comm 20.0 1 Leeward/Northgate Water Association 64916 B - * 7.01 Hamden Island View Water Association 31366 B _ * 4.29 2 Bell Bay Community Water Association 05400 B - * 1.95 2 * The DOH Sentry database does not specify a water system type. 1 Volume from Water Right Documents. 2 Volume from number of lots served at an allocation of 0.39 afy per lot. On the Lummi Reservation, the CWSSA (and thus the applicability of the CWSP) only applicableincludes fee lands within existing service areas that are under state and County jurisdiction and are not currently receiving water service from the Lummi Indian Natiow. The settlement agreement allows individuals and public water systems that have rights to the state allocation to transfer their rights to the Lummi Nation in exchange for being connected to the larger Lummi Tribal Water District Lummi Nation Peninsula .. atef system. Some public water systems have done this since the 2000 CWSP update. In 2004, the Gooseberry Point Water Association settled separately with the Lummi Nation and agreed to have their water system integrated into the larger Lummi Tribal Water District Lummi '`ration Peninsula water system. With this change, the Gooseberry Point Water Association no longer falls within the definition of the CWSSA; therefore, it is no longer included in the CWSP. 2 The Lummi Nation disputes anv jurisdiction. by the State of Washington or Whatcom County within the external boundary o...f the reservation, regardless of the status of land ownership, and water purveyor. The DOH's position is f U I- (D011l A' .�ueated that the U.S. EPA has jurisdiction over those systems on the reservation. that are either_Lummitribally owned or have been mteerated into the Lummi Tribal Water _ - District System The EPA can, but currently does not, regulate the non-t-rrbalLummi-ownedsystems that are on the reservation. -The DOH is in discussions with the EPA to identify which agency has authority o_v_.er systems within the Lummi Reservation., -,In -the absence of the EPA exerting. its authority, -the non.-triba_lLummi-owned._systems within the reservation are, for thepurposesof this CWSP update. considered_to be under the, Jurisdiction of the DOH. For this,reason the County has elected to continue to include_ those state and Qou _nib��water system_ s'�o�Rted�< thezetien-as part of this CWSP.. a,*% Issues with Potential Implications for Public Water Systems in Whatcom County In 2007, shortly after the settlement agreement was implemented, Gulfside Mobile Home Park, which served six connections, was purchased by the Lummi Nation. In 2011, this system was connected to the larger Lummi Tribal Water District Lummi '`ratio„ Peninsula .,,,,ter system. With these changes, the Gulfside Mobile Home Park public water system no longer falls within the definition of the CWSSA and is no longer governed by the CWSP. —Nip 10 _G_�G___-._...___._GJS__._G _.___ • _ 8.1.2 Public Water Systems on Lummi Reservation Outside of Peninsula Settlement Area There are also a few non-tribal-Lummi-owned public water systems that are located inside the boundaries of the reservation, but outside of the peninsula settlement area discussed above. These water systems are identified in Table 8-2. Table 8-2 Public Water Systems outside the Lummi Peninsula Settlement Area but on the Lummi Reservation that are Currently Regulated under the CWSP Public Water Water System Annual Volume Water System Name Group System ID Type (afy)1 Sandy Point Improvement Company A 76105 Comm 143 187 or 107 Fertile Meadows Water Association B 24900 _2 (uncertainty in water right record) 3 Neptune Beach Water Association A 58950 Comm 35 1 Volume from Water Right Documents. 2 Group B water systems are not categorized by water system type. 3 Fertile Meadows Water Association and River Road Water Association (which is outside of the Lummi Reservation) utilize the same well as a source. The service areas of these water systems are either wholly located within the boundaries of the Lummi Reservation or they straddle the reservation boundary (Figure 8-1). These systems are included in the CWSSA. Section 8 — Regional Resource Issues 8-5 463 8.1.3 Tribal Claims of Treaty -reserved Fishing and Water Rights In addition to the settlement efforts related to the ground -water of the Lummi Peninsula, in March 2011, the Nooksack Tribe, in a letter to the U.S. Department of the Interior, requested "that the United States commence litigation against the State of Washington for the purpose of obtaining a declaratory judgment that quantifies the Nooksack Tribe's treaty reserved water rights and enjoins the issuance of, or reliance upon, state water permits that would impair these rights." The Lummi Nation sent a similar request in June 2011. In their letters, the Nooksack Tribe and the Lummi Nation made three principal assertions: 1. The Lummi Nation and the Nooksack Indian Tribe have federal reserved water rights for instream flows necessary to support its treaty fishery; 2. The Lummi Nation and the Nooksack Indian Tribe have federal reserved rights in an amount necessary to fulfill the "homeland" purposes of their reservations, including, but not limited to, instream flow for treaty fisheries; and Federal action is necessary to protect and preserve Lummi Nation and Nooksack Tribe water rights and the Lummi Nation and Nooksack Tribe treaty fishery. In their letters to the U.S. Department of the Interior, the Lummi Nation and Nooksack Tribe cited the failure of ongoing negotiations to resolve these issues locally. The water rights in the Nooksack Basin (Water Resource Inventory Area (WRIA) 1) have not been the subject of a general stream adjudication. The Lummi Nation and Nooksack Tribe's assertion of treaty -based water rights held in trust by the federal government has not been established by the courts and no such rights have been quantified by either the federal government or a general stream adjudication. States.As of publication of this CWSP, no fesponse has been provided by the United The ultimate resolution of these issues will have significant implications for all water users in the County. All water users, including public water systems, are encouraged to closely monitor any actions taken by the United States on behalf of the Lummi Nation and the Nooksack Tribe, and to become actively involved in any local efforts aimed at the resolution of these issues, which are beyond the scope of this CWSP update. 8.2 Water Rights A water right summary for each of the Group A community water systems is contained in Appendix 1 and discussed in more detail in Section 3. Appendix 2 includes a brief description of the water rights procedures that have been in place for many years. The appendix also highlights changes in water right procedures since 2000 that are applicable to public water supplies. 8.2.1 Background The water rights procedures that have been in place for many years in the State of Washington are based on the State Surface Water Code of 1917 (Chapter 90.03 RCW), the State Ground Water Code of 1945 (Chapter 90.44 RCW), and the various state regulations adopted by Ecology and its predecessor agencies for administration of these two codes. Historically, Ecology has been charged with processing water right applications. The typical process applies to either a new application to appropriate public surface or ground waters, or an M Issues with Potential Implications for Public Water Systems in Whatcom County application for change to an existing right. The typical steps for this process are included in Appendix 2. As a result of Washington State Supreme Court decisions and other factors affecting the complex decision -making process for water rights, Ecology has revised some policies and procedures that may affect public water supply projects. 8.2.2 Postema Case Postema v. Pollution Control Hearings Board, et al. (2000) raised issues as to what Ecology's obligations are when analyzing an application to withdraw groundwater that is interconnected to surface water ("hydraulic continuity"). The Supreme Court ruled that the legal test of impairment (i.e., whether the withdrawal of groundwater affects the volume of surface water that it is connected with) is "no impairment." Hydraulic continuity between groundwater and a stream where instream flows are not met part of the year is not sufficient to find impairment; impairment must be determined on a case -by -case basis. And finally, the court also ruled that an application for a withdrawal from groundwater in hydraulic continuity with a closed stream must be denied if that withdrawal will affect the flow or level of the surface water. This is the decision that is often referred to as the "one -molecule rule" for the determination of hydraulic continuity. 8.2.3 Municipal Water Law In 2003, the Washington State Legislature significantly amended Washington water law to provide clarity on the nature of water rights issued for municipal supply purposes, and flexibility to municipal water suppliers in exercising their water rights. (SES S HB 1338; Chapter 5, Laws of 2003; 58th Legislature; 2003 1st Special Session; Municipal Water Supply — Efficiency Requirements. In a unanimous decision on October 28, 2010, the Washington State Supreme Court upheld the constitutionality of this Municipal Water Law.) The Municipal Water Law (MWL) defines the terms "municipal water supplier" and "municipal water supply purposes;" defines when the "place of use" could be the same as a municipal water supplier's service area; establishes that municipal water rights are not limited to the stated number of connections on a water right but to the number of connections approved in a water system plan; and requires specific water use efficiency (WUE) practices and planning. Under the law, utilities must use water efficiently. To help in understanding the MWL, Ecology developed its 2003 Municipal Water Law Interpretive and Policy Statement, POL-2030. This policy is included as Appendix 3 of this CWSP. Background Traditionally, Ecology issued water right certificates to public water systems when they demonstrated the ability to serve water to customers within their service area, regardless of whether or not water was actually being provided to the entire area. This was in recognition of the fact that many systems construct their distribution system but recognize that it may be some time before the area is fully built out and all parcels within the service area are using water. Such certificates have come to be known as pumps and pipes certificates because they were issued when the utility could demonstrate it had installed the necessary pumps and pipes to provide water within its service area. The water that is in the water right certificate stage but has not yet been placed to beneficial use is called an inchoate water right. In the Theodoratus case (1998), the Supreme Court found that Ecology erred in issuing such certificates. Following this decision, Section 8 — Regional Resource Issues 8-7 U:O Ecology no longer issues such certificates; Ecology waits until water is actually put to beneficial use before issuing a water right certificate. The court's decision raised questions about the validity of the pumps and pipes certificates. The municipal water law decision decreed that such certificates are in good standing (RCW 90.03.330(3)). Ecology has interpreted this portion of the ry 7 1 1 1 1 �' 1 GG' 4 '/Y �.. Courts decision based on the proposition that by including the term m good standing for such certificates, the Legislature intended that holders of such rights would still have to meet other water law principles, such as reasonable diligence in project development to keep the rights in good standing. (See Ecology Policy POL 2030 at RCW 90.03.330(3).) The Supreme Court decision means that inchoate portions of a water right that are found to be in good standing are eligible for change or transfer, which could allow that inchoate water to be transferred to another municipal water supplier or integrated into a regional water supply system. Under RCW 90.44.100, inchoate groundwater rights can be changed or transferred, but inchoate surface water rights for municipal purposes can be changed or transferred only if criteria under RCW 90.03.570 are met. In determining whether an inchoate groundwater right remains in good standing and is valid for change, Ecology considers the three parameters described on page 8 of POL 2030: • The original intent described in the water right document including the nature of the project the original applicant sought to pursue; • Whether there was reasonable diligence to complete the project sought to be developed through the water right; and • Whether or not approval of the change would be contrary to the public interest. MWL The Municipal Water Law was intended to clarify which water rights were for municipal water supply purposes and to enable the holders of those water rights to meet the demands of serving growing communities more easily. In addition, the law also required the holders of such rights to engage in WUE measures to improve the efficiency of their systems. The law included the following definitions per RCW 90.03.015: (3) "Municipal water supplier" means an entity that supplies water for municipal water supply purposes. (4) "Municipal water supply purposes" means a beneficial use of water: (a) For residential purposes through fifteen or more residential service connections or for providing residential use of water for a nonresidential population that is, on average, at least twenty-five people for at least sixty days a year; (b) for governmental or governmental proprietary purposes by a city, town, public utility district, county, sewer district, or water district; or (c) indirectly for the purposes in (a) or (b) of this subsection through the delivery of treated or raw water to a public water system for such use. If water is beneficially used under a water right for the purposes listed in (a), (b), or (c) of this subsection, any other beneficial use of water under the right generally associated with the use of water within a municipality is also for "municipal water supply purposes," including, but not limited to, beneficial use for commercial, industrial, irrigation of parks and open spaces, institutional, landscaping, fire flow, water system maintenance and repair, KI* Issues with Potential Implications for Public Water Systems in Whatcom County or related purposes. If a governmental entity holds a water right that is for the purposes listed in (a), (b), or (c) of this subsection, its use of water or its delivery of water for any other beneficial use generally associated with the use of water within a municipality is also for "municipal water supply purposes," including, but not limited to, beneficial use for commercial, industrial, irrigation of parks and open spaces, institutional, landscaping, fire flow, water system maintenance and repair, or related purposes. Note that, in identifying the "governmental entities" that are eligible to hold municipal purpose water rights, the legislature identified cities, towns, public utility districts, counties, sewer districts, and water districts. If the beneficial use of water by a public water system meets the definition of municipal water supply purposes, then that entity is considered a municipal water supplier regardless of the purpose of use stated on their water right. The result is that all water systems whose purpose of use on their water rights is domestic, community domestic, group domestic, or some other term but whose use meets the definition, are now considered municipal water suppliers. Such water right holders are not required to modify their water rights but may request that Ecology "conform" their rights to municipal purpose if desired under RCW 90.03.560. RCW 90.14.160 states that: ... any person entitled to divert or withdraw waters of the state ... who abandons the same, or who voluntarily fails, without sufficient cause, to beneficially use all or any part of said right to divert or withdraw for any period of five successive years after July 1, 1967, shall relinquish such right or portion thereof, and said right or portion thereof shall revert to the state, and the water affected by said right shall become available for appropriation in accordance with RCW 90.02.250. RCW 90.14.140 provides exemptions from the relinquishment provision above by defining what constitutes "sufficient cause" for the non-use of all or a portion of the water by the owner of a water right for a period of 5 or more consecutive years. RCW 90.14.140(2)(d) states the user has sufficient cause for non-use: "If such right is claimed for municipal water supply purposes under chapter 90.03 RCW." Thus, municipal water supplies are not subject to relinquishment. However, such water rights can be lost in cases where the water right is found to be abandoned (Okanogan Wilderness League, Inc., 133 Wash. 2nd at 781). In addition to the issuance of pumps and pipes certificates as discussed previously, Ecology also often included the anticipated maximum number of connections that would be served by the public water system and viewed this number as a limitation on the water right. In other words, if the applicant sought an amount of water to serve 65 homes, they would be limited to serving water to only 65 homes, even if the applicant still had water remaining in their water right. RCW 90.03.260(4) and (5) provide that the maximum population or number of connections specified on an application or any subsequent water right documents for a municipal water supply right is no longer a limitation of the water right. The municipal water supplier must have an approved water system plan or an approval from the Department of Health to serve a specified number of service connections to not be subject to this limit. Also, DOH is responsible for determining the approved Section 8 — Regional Resource Issues 8-9 Men number of connections. (Note that other water right provisions such as the requirement for metering and reporting data and screening intakes still apply.) All water rights describe a place of use in which the water may be put to beneficial use. Generally speaking, if a water right holder wanted to change the place of use of their water right, they were required to submit a water right change application; Ecology would need to process that application and make a determination of whether the change could be approved. This process often took a long time due, in part, to the backlog of water rights, but it did allow for notification of potentially affected third parties via a legal notice process. The Municipal Water Law provided another avenue for changing the place of use of a municipal purpose water right. Under RCW 90.03.386(2), a municipal water supplier may now modify their place of use of water by amending their water system plan or an engineering document that is approved by DOH. In submitting the document to DOH, the system must attest that the change is in compliance with their water system plan and is "not inconsistent" with other local planning documents. This change eliminated the need to file a water right change application with Ecology in order to change the place of use specified for the water right. However, it is still necessary to file a change application if the supplier wants to change the point of withdrawal or diversion of a municipal water right. Appendix 3 is Ecology's Municipal Water Law Interpretive and Policy Statement. In the discussion of RCW 90.03.330(3) on page 8, it states: "Inchoate portions of water rights for municipal supply purposes found to be in good standing through this assessment (mentioned above), are eligible for change or transfer. This approach may, among other things, allow for the inchoate portion to be transferred to another municipal water supplier or integrated into a regional water system." Ecology views the municipal water law as a law that is intended to make the management of municipal water supplies easier and less cumbersome and that includes interties as they relate to the potential creation of regional water supplies. Systems wishing to develop new interties are advised to consult with both Ecology and DOH early in the process to ensure that the proposal addresses the concerns of these agencies. Another key element of the Municipal Water Law related to WUE is discussed in more detail in Section 8.7. The DOH and Ecology share responsibilities under the Municipal Water Law, and have developed agreements to coordinate planning, engineering, and public health and safety matters relating to water systems and water resources. The DOH is responsible for ensuring safe and reliable drinking water, and reviews and approves planning and engineering documents for water systems. Ecology administers the state's Water Resource Program, including water rights administration and watershed planning. 8.2.4 Changes or Transfers. of Water Rights In 2001, the legislature amended RCW 90.03.380 and 90.44.100, to clarify that Ecology could process applications for changes to existing water rights in a separate line from applications requesting new water rights. This splitting of the processing lines has reduced the processing time for change applications considerably. Ee*] Issues with Potential Implications for Public Water Systems in Whatcom County 8.2.5 Exempt Well Consolidation Under RCW 90.44.105, it is possible for a water system to obtain additional water rights when it connects to an entity that was previously supplied by a permit -exempt withdrawal. For this to happen, all of the following must be satisfied. 1. The water system must hold a groundwater right whose point of withdrawal taps the same body of public groundwater as the permit -exempt well. 2. Use of the permit -exempt well shall be discontinued upon approval of the consolidation. 3. A legally enforceable agreement must prohibit construction of another exempt well to serve the area previously served by the permit -exempt well and must be binding on future property owners. 4. The permit -exempt well must be properly decommissioned. 5. Other existing water rights cannot be impaired because of the consolidation. The rate and volume of water added to the water system's groundwater right is equivalent to the permit -exempt use that has been established through beneficial use, not to exceed 5,000 gpd. Ecology is required to make a decision on exempt well consolidation applications within 60 days of the end of the comment period following public notice. Therefore, this process is faster than the typical water right change application process. Exempt well consolidation is generally supported within the CWSSA because it reduces the number of wells in a particular source, does not impact the amount of water available for the water system to serve existing or future customers, and has the potential to improve the quality of water delivered to the end user. 8.2.6 New or Replacement Wells In 1997, the Legislature enacted new provisions of RCW 90.44.100 (the State Groundwater Code). The provisions, which are codified at RCW 90.44.100(3) and RCW 90.44.100(4), state: 3) The construction of a replacement or new additional well or wells at the location of the original well or wells shall be allowed without application to the department for an amendment. However, the following apply to such a replacement or new additional well: (a) The well shall tap the same body of public groundwater as the original well or wells; (b) if a replacement well is constructed, the use of the original well or wells shall be discontinued and the original well or wells shall be properly decommissioned as required under chapter 18.104 RCW; (c) if a new additional well is constructed, the original well or wells may continue to be used, but the combined total withdrawal from the original and additional well or wells shall not enlarge the right conveyed by the original water use permit or certificate; (d) the construction and use of the well shall not interfere with or impair water rights with an earlier date of priority than the water right or rights for the original well or wells; (e) the replacement or additional well shall be located no closer than the original well to a well it might interfere with; (f) the department may specify an approved manner of construction of the well; and (g) the Section 8 Regional Resource Issues 8-11 w• department shall require a showing of compliance with the conditions of this subsection (3). 4) As used in this section, the "location of the original well or wells" is the area described as the point of withdrawal in the original_ public notice published for the application for the water right for the well. Use of RCW 90.44.100(3) is only available to holders of state -issued groundwater permits and certificates. This process is not available to holders of a water right claim, as water right claims do not go through the public notice process. This process is also not available to holders of surface water rights. The "location of the original well or wells" means within the same area advertised as the point of withdrawal in the legal notice that was published for the original water right. While this is typically the quarter -quarter section, it does vary, and whatever is listed in the published legal notice constitutes the "location of the original well or wells." The drilling of a new or replacement well under this section does not require an application to change an existing water right. Instead, it requires submittal of a notarized showing of compliance to Ecology identifying the changes made and compliance with the terms of this section. This form is available at Ecology's website at: https://fortress.wa. gov/ecy/publications/UIPages/PublicationList. aspx?IndexTypeName=Progra m&NameValue=Water%20Resources&DocumentTypeName=Form. Ecology does not approve or deny such submittals. The affidavit is simply to provide notification to Ecology of the changes being made. Public water systems making such changes also are advised to notify the DOH of the additional or replacement wells to ensure that the system obtains source approval from the DOH for these new facilities. 8.3 Financial Viability of Small Systems Financial viability is defined as "the ability to obtain sufficient funds to develop, construct, operate; maintain, and manage a public water system in filll (.mmnlianrP_, with local, state., and federal requirements on a continuous basis," (DOH Publication No. 331-405 Revised, August 2013). DOH urges that water systems should be run like a business. Due to financial constraints, many small water systems are not able to make required system improvements or upgrades, and are not considered financially viable as a result. Currently, DOH records indicate that there are 183 active Group A water systems in Whatcom County, with 164 inside the CWSSA, and 19 outside of the CWSSA. It is not known how many of these systems are financially viable. The DOH identified the following benefits of financial viability for small water systems: 1. Predictable funding for capital improvements; 2. Improved system efficiency; 3. Cost savings; 4. Eligibility for grants and loans; 5. Emergency response; and ME Issues with Potential Implications for Public Water Systems in Whatcom County 6. Peace of mind. The DOH identified the following guidelines for public water systems to work towards financial viability: 1. Develop an operating budget; 2. Evaluate rates for adequacy; 3. Create and fund an operating cash reserve; 4. Create and fund an emergency reserve; and 5. Create and fund reserves for capital improvements and equipment replacement. It is recommended that all public water systems evaluate their systems according to the DOH guidelines and identify any needed changes to ensure their long-term financial viability. To that end, the Rural Community Assistance Corporation has free financial viability software available online at http://www.rcac.org/home. For additional information, visit the DOH Drinking Water website at: http://www.doh.wa.gov/CommunityandEnvironment/DrinkingWater. 8.4 Existing and Potential Water Quality Problems Water quality data in this section was obtained from the DOH's Sentry database. No attempt was made to identify additional data, or to verify that all systems have submitted a report as required. Water quality issues throughout the County can be categorized as discussed in the following subsections. WCC 24.11 requires public water systems and private water supplies to comply with water quality standards that vary depending on the type of water supply being developed. Public water systems that have contaminants exceeding the Maximum Contaminant Levels (MCLs) specified in WAC 246-290-310 will not be approved. Private water systems that exceed MCLs are required to provide treatment to reduce the concentration of regulated contaminants to levels below the MCL to gain approval. 8.4.1 Bacteriological Contamination Surface water sources must be consistently treated to remove bacteria. Failure to operate and maintain the treatment system will usually result in bacteriological MCL violations. According to DOH records, 38 water systems in the CWSSA performed coliform tests that showed a presence of the bacteria in 2013. In general, causes for these violations are attributed to improper well construction, groundwater under the direct influence of surface water, lack of reservoir maintenance, improper disinfection of repairs and new lines, improper sampling technique, disinfection system malfunction, and cross connections. Except for unusual circumstances, such as a direct conduit of sewage into an aquifer in the immediate vicinity of a well, the causes of bacteriological contamination in distribution systems are easily corrected through operation and maintenance procedures. Section 8 — Regional Resource Issues 8-13 471 8.4.2 Nitrate In 1997, six water systems exceeded the MCL for nitrate, which is 10.0 milligrams per Liter (mg/L), and 15 water systems were above 5 mg/L for nitrate. In 1998, seven water systems exceeded the MCL for nitrate, and 16 water systems were above 5 mg/L for nitrate. As shown in Table 8=3 and on Figure 8-2, according to DOH data, 18 active public water systems have had at least one water quality sample that has exceeded the MCL for nitrate at least one time from January 2005 to June 2015. Of those systems, 10 have average nitrate concentrations that are greater than 10.0 mg/L, 5 have average nitrate concentrations that are between 5.0 and 10.0 mg/L, and 3 have average nitrate concentrations that are less than 5.0 mg/;..,. T .c U.S. Gieological Service, in their report entitled Hydrogeology, Ground Water Quality, and Sources of Nitrate in Lowland Glacial Aquifers of Whatcom County, Washington, and British Columbia, Canada reported that there are areas within the study area where nitrate levels are declining and areas where the nitrate levels are -Increasing. This data suggests that nitrate contaimunation of public water supply wells is a current concern that warrants continued monitoring. 472 Issues with Potential Implications for Public Water Systems in Whatcom County Table 8-3 Public Water Systems with a Source that has had a Water Quality Sample that Exceeded the Nitrate MCL of 10.0 mg/L at Least Once from 2005 through June 2015 Public Water Water System Total Number Water System Name Group Category System ID Type* of Samples Delta Water Association 18750 A Comm 85 East Badger Water Association 37823 B - 26 Ehlers Labor Camp 58951 A TNC 11 Hoag Acres Water System 59730 B 4 Line Road Water Association 47385 B 1 Average and maximum concentration greater than Lynden Valley View Association 91001 B - 1 10.0 mg/L Northwood Park 62135 A Comm 41 Northwood Water Association 62150 A Comm 43 Rader Farms Labor Camp 56829 A TNC 66 Rathbone Park Water Association 71290 A Comm 81 Belfern West 09899 A Comm 54 Century Water Association 00601 A Comm 45 Average concentration between 5.0 and 10.0 mg/L. Delta Grocery Water System 08255 A TNC 9 Maximum concentration Evergreen Drive Water Association 02400 B - 4 greater than 10.0 mg/L Vicente Farms & Sons —Enterprise 56831 A TNC 40 Covenant Christian School 15596 A NTNC 41 Average concentration less than 5.0 mg/L. Raspberry Ridge Water Association 27631 A Comm 16 Maximum concentration Wiser Lake Kingdom Hall Jehovahs 61494 A TNC 36 greater than 10.0 mg/L *Comm = Community; NTNC = Non -transient Non -community; TNC =Transient Non -community Most of the impacted systems are located in the northern part of the County, near the City of Lynden, with the source of supply being the Abbotsford-Sumas aquifer (Figure 8-2). This particular aquifer is susceptible to nitrate contamination because it is unconfined, it is relatively thin (approximately 40 feet thick), and the depth to the water table is often less than 10 feet. Public water systems are required to monitor nitrates quarterly for new sources and where annual monitoring indicates nitrate levels above 5 mg/L. Any existing system with a nitrate sample greater than 10 mg/L (the MCL) must provide treatment and collect a confirmation sample. For systems treating for nitrates, monthly sampling is required to ensure the treatment is working properly. Section 8 — Regional Resource Issues 8-15 473 Nitrate sources include failing on -site sewage systems, and past and present improper manure or fertilizer application or storage. The July 1992 Environment Canada study of nitrates and pesticides in the Abbotsford- Sumas aquifer shows nitrate levels over 10 mg/L in 60 percent of the wells sampled in the south Matsqui area. This study is significant to Whatcom County because the regional groundwater flows in the southern part of the Abbotsford- Sumas aquifer is generally southward, according to the Environment Canada study. In May 1998, Ecology completed the Sumas-Blaine Surficial Aquifer Nitrate Characterization Study (Publication No. 98-310). Of the 250 sources sampled for nitrate in this study over a 10-week period, about 21 percent exceeded the 10 mg/L MCL for nitrate. According to the study, elevated nitrate levels in drinking water sources are associated with up -gradient agricultural land use practices. The nitrate levels in drinking water sampled ranged from less than the detection limit (0.01 mg/L) to 53 mg/L. The results of this study indicate the Sumas- Blaine surficial aquifer has elevated nitrate concentrations in the groundwater. The United States Geological Survey completed a study titled Hydrogeology, Ground -Water Quality, and Sources of Nitrate in Lowland Glacial Aquifers of Whatcom County, Washington, and British Columbia, Canada (Water -Resources Investigations Report 98-4195) in 1999. This study similarly showed that the majority of nitrate contamination to groundwater occurs in the Abbotsford- Sumas aquifer. This study concluded that the main contributors to nitrate in groundwater were dairy manure applied to cropland, mineralization of soil organic matter, inorganic nitrogen fertilizers, leakage from manure lagoons, redisposition of nitrogen volatilized from manure, septic tank effluent, and residential fertilizer use. Figure 8-2 shows the spatial distribution of the water system service areas that are impacted by nitrate concentrations above the MCL in at least one of their sources. Some systems are blending sources to reduce the nitrate concentration before the water is distributed, while other water systems continue to exceed the MCL. One option to assist water systems dealing with high nitrate groundwater includes transmission of water from uncontaminated sources, such as the City of Blaine, City of Sumla�s, Public Utility D 1J t11Vt 1`Y o. 1 of YYTllatcolll County (P-_J )h a11d r_ILY' of Lylldell. The moot dlffiVult part - th1J potential solution is the distance between the sources (Blaine, Sumas, and the PUD), and the water right uncertainty for the City of Lynden. 8.4.3 Arsenic Elevated arsenic levels in Whatcom County are found in systems using a groundwater source and is the result of the natural weathering of certain types of arsenic -bearing bedrock and sediments, as opposed to human contamination. Figure 8-2 shows that elevated arsenic in groundwater is most prevalent in southern and western Whatcom County, with five of the systems being located on northern Lummi Island. Historically, arsenic problems in general appeared to be limited to four public water systems on Lummi Island. In the 2000 CWSP update, it was reported that only one public water system exceeded the MCL for arsenic of 50 parts per billion (ppb) in effect at that time. In 2001, the EPA adopted a new lower standard for arsenic in drinking water of 10 ppb, which went into effect on January 23, 2006. The adoption of this new standards means new water systems sources or expansions of systems exceeding the MCL will not be approved without installation of an approved treatment system. i .i Issues with Potential Implications for Public Water Systems in Whatcom County Table 8-4 lists water systems that had raw water samples that yielded at least one arsenic exceedance in the period from 2005 to 2015. All of these systems have either moved to a new source or are blending their water or treating it to achieve arsenic levels that are below the MCL. Table 8-4 Public Water Systems that have had Raw Water from a Source Exceed the Arsenic MCL of 10 ppb at Least Twice from 2005 through June 2015 Water System Name Public Water System I D Group Water System Type i Acme Water District No. 18 00250 A Comm Fairfield MHP 02601 A Comm Hilltop Water Owners Association 2 33364 A Comm Isle Aire Beach Association 2 36368 A Comm Pleasant Valley Water System 67900 A Comm Sandy Point Improvement Company 76105 A Comm Cornwall Church of God Water System 07028 A NTNC Marine View Estates Water System 2 50155 B - 3 1 Comm = Community; NTNC= Non -transient Non -community; TNC=Transient Non -community 2 System located on Lummi Island. 3Group B watersystems are not characterized bywatersystem type. Any new sources of water should be evaluated to determine whether they contain arsenic at levels of concern. If they do, appropriate actions should be taken, ranging from a decision not to develop that source of water to blending with other sources to achieve adequate water quality to treating the water to reduce arsenic concentrations to acceptable levels. 8.4.4 Surface Water and Groundwater under the Influence of Surface Water Sources Public water systems using groundwater under the influence of surface water (GWI) are at risk of contamination by microbiological pathogens and are required to treat water under the Surface Water Treatment Rule (SWTR). Potential GWI is defined in WAC 246-290-010(189), and the GWI determination process is defined in WAC 246-290-640. DOH considers all spring sources and wells less than 50 feet deep and within 200 feet of surface water to be potential GWI sources. These water systems must conduct either water quality monitoring, or a hydrogeologic investigation to determine if the source is hydraulically connected with the surface water. Water quality monitoring includes 12 months of testing the source water and surface water for water quality parameters such as temperature, turbidity, and conductivity. Other GWI sources include springs, water systems with bad water quality, and water systems associated with a disease outbreak. If, at the conclusion of the initial monitoring, the source appears to be "hydraulically connected" to surface water, the water system must Section 8 — Regional Resource Issues 8-17 475 reconstruct the source to eliminate any surface water; install a disinfection system with a minimum contact time (CT) of 6 (concentration x contact time); and conduct microscopic particulate analysis (MPA) to determine the source's relative risk to the presence of surface water organisms such as Giardia and Cryptosporidium. If these surface water organisms are present, the source is classified as a surface water source and treatment is required. The seven systems in the CWSSA listed in Table 8-5 were evaluated by the DOH (c. 2005) as "potential" GWI sources. All seven of these systems were determined not to be GWI as described in the "GWI Status" column of Table 8-5. Table 8-5 Status of Systems Evaluated for GWI in the CWSSA Water System Name Public Water System ID Group Water System Type GWI Status* Samish Park 15064 A TNC D-GW(MPA) Deming Water Association 18800 A Comm D-GW(MPA) Double L Mobile Home Park 19890 A Comm D-GW(MPA) Evergreen Retreat MHP 24164 A Comm D-GW(MPA) Glacier Springs Water System 27755 A Comm D-GW Plantation Range 52681 A TNC D-GW(MPA) Slavic Gospel Church Water System AA034 A TNC D-GW(MPA) *GWI Status key: D-GW(MPA) means system was determined to be groundwater based on water quality monitoring (MPA results) and are required to disinfectto CT6. D-GW means sourcewas determineto be groundwater based on water quality monitoring (temp, conductivity) and no `4isinfe,ti— t—t—nteatment is nc ,1-4 ction The DOH indicated that now that the groundwater rule is in effect they may conduct assessment source water monitoring under WAC 246-290-300(3)(e), which could lead to new interpretation and implementation around the definition of potential GWI. This may occur for wells that tap shallow, unconfined aquifers with indicators of surface contamination risk (e.g., nitrates in agricultural areas). 8.4.5 Seawater Intrusion Seawater intrusion occurs from over pumping of groundwater in areas where the aquifer is hydraulically connected to seawater. Seawater intrusion results in excessive levels of chloride, sodium, and other related contaminants. The MCL f ^Chloride is a secondary contaminant with a secondary MCL of 250 mg/L. Chloride concentrations above 100 mp-/L this in areas prone to seawater intrusion are generally considered to be an indicator that seawater intrusion is occurring. While seawater intrusion was reported to have been a historic issue for systems located along the marine shoreline, there are currently no public water systems in the CWSSA exceeding the secondary MCL for chloride. 476 Issues with Potential Implications for Public Water Systems in Whatcom County While there is no established MCL for sodium at this time, the DOH can require treatment for chloride based on the Policy for Treatment of Secondary Contaminants, which considers consumer complaints. 8.4.6 Relic Saltwater In many parts of Whatcom County, west of the Mount Baker — Snoqualmie National Forest, there is evidence of relic saltwater, especially in the deeper sediments. It is generally believed this is due to seawater that was trapped either within glacial sediments that were deposited when marine water covered the area or in sediment and bedrock that was already in place when marine water covered the area. Chloride levels in relic saltwater can exceed the MCL of 250 mg/L. The presence of relic saltwater is not considered a significant problem countywide but can be an issue in localized areas where it prevents the use of groundwater for potable supply. 8.4.7 Deep Wells Deep wells have been drilled in many locations of the County, primarily for the following reasons: searching for a source that is not contaminated with nitrates or relic saltwater; searching for a deep aquifer that is not in hydraulic continuity with surface water bodies with the hopes of obtaining new water rights; and searching for a suitable aquifer storage and recovery reservoir. Some deep wells have successfully found productive aquifers with good water quality (primarily located in the vicinity of the City of Blaine), while the remainder drilled in the CWSSA have only tapped marginal, deep, unconsolidated, and bedrock aquifers that typically contain relic saltwater, as described above. As of 2015, a suitable deep aquifer for aquifer storage and recovery has not yet been identified. 8.4.8 Volatile Organic Chemicals (VOCs) and Pesticides Sandy soils overlying shallow aquifers in the County can allow agricultural chemicals applied to the ground to enter the drinking water easily. Many studies have been conducted since 1984 that provide information about water quality in northern Whatcom County. Ecology, among other agencies, has conducted several studies in the County, such as the 1986 Phase IInvestigation of Sites in Whatcom County, the 1990 Washington State Agricultural Chemicals Pilot Study, and the 1991 Bertrand Creek EDB Site Study. These studies show the presence of soil fumigants such as 1,2-dichloropropane (1,2-DCP) and ethylene dibromide (EDB) in groundwater in specific areas of the County. Historically, five water systems have detected 1,2-DCP at levels below the MCL of 5.0 mg/L. In 1998, only one water system detected 1,2-DCP (and the results were below the MCL. Historically, no EDB has been detected in public water system sources. Since 2000, no systems have exceeded the MCL for volatile organic chemicals although, as discussed below, some individual groundwater wells have been found to contain some volatile organic contaminants and EDB. Ecology, the City of Lynden, and the Whatcom County Health Department (WCHD) collaborated to construct a pipeline to supply Nooksack River water for domestic supply to properties where the groundwater in private wells wereas contaminated with EDB and/or 1,2- DCP. The pipeline, called either the Bertrand Creek Water Main Extension or EDB-line, is connected to the City of Lynden's water system. The extension consists of 5.4 miles of Section 8 — Regional Resource Issues 8-19 477 distribution system for domestic service to approximately 51 existing residences with wells that were contaminated at the time of construction. The system has the capacity to serve up to 86 equivalent residential units, and is located on the following roads: • Birch Bay Lynden Road from Tromp Road to 500 feet west of Bob Hall Road; • Bob Hall Road from Birch Bay Lynden Road to 1,000 feet north of Birch Bay Lynden Road; • Rathbone and Wiley's Lake Roads from Birch Bay Lynden Road to 7,700 feet south of Birch Bay Lynden Road; • Berthusen Road between Birch Bay-Lynden and Loomis Trail Road; • Loomis Trail Road from Berthusen Road to approximately 600 feet west of Weidkamp Road; and • Weidkamp Road for 1,000 feet north of Loomis Trail. For the purposes of the EDB pipeline project, domestic supply refers to the use of water typically associated with human hygiene in a residence, specifically including potable supply for drinking and cooking, toilet flushing, hand washing, showers, bathing, etc. It also includes the use of water outside of the residence for up to 1/2 acre of non-commercial lawn and garden watering and other typical residential uses such as car washing. The human hygiene uses described above may also be associated with pre-existing commercial operation; however, the water may not be used for commercial purposes such as food processing, parts washing, industrial cooling, or any other types of industrial process activities (Source: Protested ROE for S1-28116, Department of Ecology). In 2002, Ecology issued a water right permit to the City of Lynden (S1-28116P) for the water supply to serve the extension in an amount not to exceed an instantaneous diversion rate of 0.57 cubic feet per second (cfs) (approximately 266 gallons per minute) and an annual volume of 70 afy. The water right established the following criteria under which a property is eligible to receive water under Ecology Report of Examination S 1-28116, Recommendation No. 3: Only property where 1,2-DCP has been detected by a certified laboratory at or above 2.5 parts per billion (one-half of the Maximum Contamination Level, or MCL, of 5.0 parts per billion or where EDB has been detected at or above 0.01 parts per billion (one-half the MCL of 0.02 parts per billion) are eligible to receive water pursuant to this permit. The level of 0.01 parts per billion is also the Practical Quantification Limit which is essentially the lowest level at which a substance can be reliably detected. In 2007, a follow-up study was conducted to determine the current state of pesticides in groundwater in the Abbotsford- Sumas aquifer. The results of this study indicated that pesticides were still present in groundwater in some private water systems and that EDB, 1,2-DCP, and nitrates also remained contaminants of concern for users of wells in the Abbotsford-Sumas aquifer. Metering data from 2004 through 2013 show that the amount of water utilized by those along the Bertrand Creek Water Main Extension has ranged from 11.83 afy in 2013 up to 19.31 afy in 2009. Issues with Potential Implications for Public Water Systems in Whatcom County 8.4.9 Iron/Manganese Iron (secondary maximum contaminant level (SMCL) of 0.3 mg/L) and manganese (SMCL of 0.05 mg/L) are aesthetic water quality problems through much of the sand and gravel aquifers in the County. Iron and manganese are naturally occurring substances that do not pose a known health threat, but can cause taste and staining problems if untreated. They are relatively common throughout much of the County, but can generally be treated with relative ease and reasonable costs. 8.5 Data Management and Lack of Water Quality and Quantity Data 8.5.1 Data Management Implementation of many state laws, such as the State Environmental Policy Act, the Water Pollution Control Act, and the Water Resources Act of 1971, requires various agencies to collect water data. In addition, water data is generated from private well testing, solid waste site monitoring wells, surface and groundwater studies, hatchery facilities, and public water system testing. Water data is captured and maintained by a variety of federal, state, and local governments. There is no uniformity to the format, nomenclature, or units of measurement used in the data at this time. At the state level, the DOH developed a drinking water database referred to as Sentry. The database is available on the Internet and provides local health departments and the general public with current information on public water systems in the County and the state. WCHD uses the Sentry database and is able to map Sentry data as needed. Data for private one- and two-party wells are captured as scanned documents and are not in a searchable database format that can be extracted for reports or mapping. 8.5.2 Quantity There has been relatively little water quantity data collected in Whatcom County. Those that have been conducted include the Blaine Ground Water Management Study, the Lynden Everson Nooksack Sumas Ground Water Study, the Lummi Peninsula Aquifer Study, and the Lummi Island Ground Water Study. Due to funding limitations, the major focus of these studies has been on water quality. The LENS study, for example, was unable to thoroughly explore the physical availability and quality of groundwater at bedrock depths. If a deep aquifer existed, it would probably not be in hydraulic continuity with the closed surface water sources. Since passage of the Municipal Water Law, most public water systems are now collecting data on current water usage and reporting that data to DOH on an annual basis. This data has been used in this CWSP and will be useful to those interested in reviewing the volume of water withdrawn and diverted for public water system use in the future. Most systems have source meters and all systems will eventually have individual service meters installed to enable data collection and analysis for different user categories. Water use data is necessary to evaluate the effectiveness of WUE efforts. In addition, due to shallow aquifers, some water systems have wells that go dry during the summer and early fall. For these sources, interties with other water systems, emergency sources, and WUE measures may be options for increasing source reliability year-round. Section 8 — Regional Resource Issues 8-21 URI The adoption of the WRIA 1 Watershed Management Plan was followed by development of the Lower Nooksack Strategy, which presented a number of action items necessary to meet the goals identified for the Lower Nooksack Sub -basin. In 2012, a water budget was developed for the area, a part of which was to be a groundwater model, to gain a better understanding of the hydrogeology and ground/surface water interaction potential in the region. In 2014, as a follow- up, local agencies initiated a groundwater modeling project that will better characterize groundwater quantity. The study area will focus primarily on the Lynden-Everson-Nooksack- Sumas portion of Whatcom County. The primary objective for this effort is to develop a groundwater model that ultimately has the ability to estimate potential temporal and spatial impacts to surface water resources from activities ranging from general (large scale) changes in land use to the use of an individual domestic/irrigation groundwater supply well. 8.5.3 Wellhead Protection The DOH maintains a database of water quality results as submitted by public water systems known as the Sentry database. This database is available to local water systems and the general public. Although the County has collected some information on water quality in the past, there is not a comprehensive map of groundwater sources, aquifer recharge areas, flow directions, aquifer yields, or aquifer discharging areas for water purveyors to use when selecting new sources or trying to protect their existing sources from contamination. Under the 1995 amendments to the Safe Drinking Water Act (SDWA), Washington State is required to implement Source Water Assessment Programs (SWAP). The DOH has addressed this requirement by implementing a wellhead protection program, among others. This program ensures Group A water systems delineate the 1-, 5-, and 10-year time of travel for groundwater around the source(s), inventory potential contamination sources in the time of travel, and conduct a susceptibility assessment for each drinking water source. Most water systems can use a calculated fixed radius approach, but are encouraged to use a more sophisticated method (i.e., a hydrogeological consultant) if needed. By developing the time of travel around the source water, water systems are able to comment on proposed land use issues that may impact water quality in the future. Furthermore, water systems can educate the users on protecting the groundwater through septic system maintenance, conserving water, and limiting the use of herbicides and pesticides on lawns and gardens. During the update of the CWSP, the WUCC expressed the need for a process to incorporate results from delineating wellhead recharge areas or vital source protection areas into the Comprehensive Plan. The WUCC felt that the state and federal mandate for water utilities to delineate time -of -travel zones and wellhead protection plans is ineffective if these areas are not reflected as critical aquifer recharge areas by the Growth Management Act (GMA) and incorporated into land use decisions. To address this concern, it is recommended that Goal 11 F, and especially Goal 11 F.3, of the Comprehensive Plan should be coordinated with water resource information and protection efforts of water systems. MOR Issues with Potential Implications for Public Water Systems in Whatcom County 8.6 Lack of Joint Facilities and System Interties 8.6.1 Joint Facilities Many times water systems will plan improvements without taking into account the plans of neighboring utilities. Through coordination, sharing a facility can sometimes eliminate duplication. Several types of shared source projects have proven to be very effective solutions to quantity, quality, and economic problems in the State of Washington. Advantages include: • Combining sources can assist a utility in meeting water needs until additional sources can be developed. • Neighboring systems experiencing quality problems can jointly afford the construction and maintenance costs of a treatment facility that is too expensive to provide separately. • System reliability problems can be resolved by using different sources of supply during different time periods. • Water of marginal quality may be combined with higher quality water to avoid the costs of treatment. 8.6.2 Interties An intertie is an interconnection between public water systems that permits the exchange or delivery of water between the systems. An intertie can be used for emergency or seasonal supply, during repairs or facility maintenance only, or on a continual basis. Interties are recognized as a valuable management tool for public water systems because they improve overall system reliability, enhance the manageability of the system, provide opportunities for conjunctive use, or delay the need to develop new water sources. Legislation related to public water system interties was enacted in 1991 that enables utilities to address water right matters related to system interties through submittal of water system plans or CWSPs to DOH. Its provisions are codified at RCW 90.03.383 and summarized as follows: • Interties are recognized as a valuable management tool for public water systems and are defined to allow other than emergency use of water by systems other than the one holding the water right subject to certain conditions. • The place of use of water resulting from interties which were existing and in use as of January 1, 1991, shall be recognized for water right purposes subject to certain conditions. • System interties where use commenced after January 1, 1991, are to be incorporated into the CWSP or utility's water system plan for review and approval by DOH and Ecology as part of the plan review process. Water right requirements are to be addressed in this process. The plan is to state how the intertie will improve overall system reliability, enhance the manageability of the system, provide opportunities for conjunctive use, or delay or avoid the need to develop new water sources. • Interties may be necessary to supply adequate potable water to those areas planned for growth, since the place of use described on water rights is not always perfectly aligned with anticipated growth. Interties also avoid the need to develop new water sources and Section 8 Regional Resource Issues 8-23 they provide a valuable tool to ensure reliable public water supplies. When facilities join together to share water treatment facilities, reservoirs and water lines, the cost of operating the water systems will lower capital facility costs for the county as a whole. Municipal water law was established to increase the flexibility of municipal purpose water rights, including the creation of interties to facilitate regional water solutions where such solutions are deemed appropriate. Table 8-6 lists the existing permanent and emergency interties between Group A water systems within the CWSSA as identified through the Sentry database. The geographic locations of the systems are shown on Figure 8-3. Public water systems should identify interties in their WSPs. In those plans, the utility providing the water should identify the receiving utility's service area as all or part of their wholesale service area, and the receiving system should indicate the existence of the intertie in their WSP as well. Systems should also identify emergency interties in their WSPs but do not need to include the receiving area as a wholesale service area. Table 8-6 Existing Interties between Group A Water Systems Providing System Receiving System System Providing Water Receiving Water System Usage PWS ID PWS ID Bellingham -Water Department, 05600 Deer Creek Water Assn/Guide South AB912 Permanent City of Glen Cove Water Association 27950 Permanent Lummi Tribal Water and Sewer District NA Permanent LWWSD- Eagleridge 08118 Permanent LWWSD - South Shore Water System 95910 Emergency Whatcom County Water District No. 2 95700 Permanent Whatcom County Water District No. 7 95900 Permanent Birch Bay Water & Sewer 95904 Bell Baylackson Water Association 05450 Emergency Blaine, City of 07300 Bell BaylacksonWater Association 05450 Permanent Birch Bay Water & Sewer District 95904 Permanent Delta Water Association 18750 Valley View Water Association 91000 Emergency Everson, City of 24200 F iarcnn VI/star Az nriatinn 24195 Permanent Hampton Water Association 30800 Permanent Nooksack 59800 Emergency Ferndale, City of 24850 Central City Water Association 12150 Emergency Mountain View Water Association 56900 Emergency North Star Water Association 61350 Emergency Northwest Water Association, Inc. 62000 Permanent Thornton Water Association 88050 Emergency Hemmi Road Water 32350 Meridian School Complex AB234 Permanent Lynden Water Department 49150 Berthusen Road Water Association 05875 Permanent Meadowbrook Water Association 53250 Emergency Sumas Water Department 84870 Nooksack 59800 Permanent Nooksack Valley 59850 Permanent Sumas Rural Water Association 84850 Permanent Greater Vancouver Water NA Point Roberts Water District No.4 95750 Permanent District 1 Water can also be moved from Valley View Water Association to Delta Water Association through this emergency intertie. Issues with Potential Implications for Public Water Systems in Whatcom County 8.7 Water Use Efficiency 8.7.1 Introduction This discussion regarding water use efficiency (WUE) is intended to provide public water system owners, operators, managers, and customers with an understanding of what is required of them in terms of WUE, what options they have in establishing WUE goals, and how to design their WUE program to meet those goals. Specific information about individual water systems and their use of water is available in their comprehensive water system plans and WUE efficiency reports on file with the DOH Office of Drinking Water. https:Hfortress.wa. gov/doh/eh/portal/odw/si/DownloadsReports. aspx. Due to the various tools now available, WUE can offer a variety of different benefits to utilities and their customers. This is important because the design of WUE programming needs to be carefully matched to the objectives of the utility, so the desired benefits can be achieved. Some of the objectives that might be achieved from the efficient use of water through WUE are: • Manage the Scale and Timing of New Supply and Treatment In recent years, it has become increasingly difficult to develop new sources of water supply due to limitations on the availability of new water rights. This trend is likely to continue as growth increases the need for water, while at the same time, environmental and water quality requirements grow more stringent. WUE planning can reduce, or delay, the need for new sources of supply, while increasing public support for new sources of supply if and when they are needed. At the same time, increased regulatory requirements for water treatment have driven up the cost of supplying potable water. By reducing water needed, WUE can also lower the cost of water treatment. • Reduce Utility Operating Expenses Reducing water consumption and system losses allows a corresponding reduction in chemical usage, energy consumption, and carbon footprint. This can lead to considerable savings in utility operating expenses. In addition, a comprehensive leak detection and repair program can reduce expenditures on emergency repairs. Reduce or Delay Investments in Wastewater Capacity Given the connection between water consumption and wastewater flows, WUE also offers a means to reduce demand on wastewater collection and treatment systems. This, in turn, can reduce or delay capital expenditures on wastewater collection and treatment capacity. • Minimize Impacts on Natural Resources By reducing the amount of water diverted from streams or pumped from aquifers that recharge rivers and wetlands, WUE provides a tool for utilities and their customers to minimize their impacts on the natural environment. • Water Use Efficiency as an Ethic and for a Sustainable Future Section 8 Regional Resource Issues 8-25 H-014? Citizens and public officials acknowledging that water is a finite resource that varies within the County can manage its use efficiently to ensure its continued availability. In this case, WUE may be implemented even though it is not the most cost-effective alternative to other supply development options because it has greater social or environmental benefits. • Regulatory Compliance The Municipal Water Law includes WUE elements. In response to the Municipal Water Law, WDOH promulgated WAC' 246-290-800 through 840 related to water use efficiency, and added metering requirements to WAC 246-290-496. The purpose was to define the requirements of water use efficiency programs in water system plans developed under WAC 246-290-100, and small water system management programs developed under WAC 246-290-105. This included the following elements: • Establish a water distribution system leakage standard; • Define a process requirement for water use efficiency goal setting; and • Establish annual water use efficiency performance reporting requirements. Municipal water suppliers must: • Publicly establish water savings goals for their customers through a public forum occurring at a minimum once every 6 years; • Evaluate or implement specific water saving measures to achieve customer -based goals based on the number of active connections; • Develop a WUE planning program to support the established goals; • Install meters on all customer connections by January 22, 2017; • Achieve a standard of no more than 10-percent water loss; and, if over the standard, develop and implement a water loss control action plan to achieve compliance; • Report total production, authorized consumption, and distribution system leakage volumes and percent annually and include a short narrative about progress towards achieving these goals. The DOH specified that any Group A community water system that serves at least 15 residential service connections must comply with the Water Use Efficiency Rule, whether they are publicly or privately owned. WAC 246-290-800 through 840, and WAC 246-290-496 are included in Appendix 4 of this CWSP. Additional details are available in the DOH Water Use Efficiency Guidebook, Third Edition, January 2011, DOH 331-375 (Revised). 8.7.2 WUE Program Measures The term WUE embraces a range of supply and demand efficiency measures. Measures are identified once supply and demand characteristics are evaluated and factored into the final WUE goal. Activities may include, but are not limited to: system -wide water audits documenting authorized uses; leak surveys; and repairs on meters, lines, storage facilities, and valves. WAC 246-290-810(4) provides details on the WUE program that is required of municipal purpose water suppliers. 20 Issues with Potential Implications for Public Water Systems in Whatcom County Supply-side WUE measures can be implemented readily and may be among the most cost effective tools available for managing water use. Supply-side measures include, but are not limited to: • Leak detection and repair; • Main replacement; • Corrosion prevention; • Management of hydrant flushing; and • Meter repair, replacement, and calibration. Demand side measures can involve customers in a variety of ways, ranging from customer education, financial incentives for installing water -saving equipment, developing rate structures that include an economic incentive to reduce consumption, or imposing regulatory requirements on plumbing fixtures, landscaping, or water use. In addition, WUE demand -side measures can be designed to reduce base water use, peak use, or both. Some common demand -side WUE measures include the following: • Broadly packaged information and outreach (e.g., advertising, billing inserts). • Narrowly targeted information and outreach (e.g., free water -use audits for businesses or homeowners). • Water bill showing consumption history. • Improved metering. • Hardware retrofit programs. • Appliance rebate programs. • Conservation -based rate structure. • Landscaping ordinances. • Seasonal outdoor use restrictions. • Recycling or re -use programs. Utilities are encouraged to reference the DOH Water Use Efficiency Guidebook for additional information on planning WUE program measures. 8.7.3 Water Loss Control In 2003, the American Water Works Association (AWWA) adopted improved best practice methods for defining and measuring water loss in water distribution systems. The AWWA abandoned the use of the term unaccounted for water as all water sent into the distribution system can be accounted for. The term now used is non -revenue water (NRW). NRW is specifically defined to include the sum of specific types of water loss and any authorized, unbilled consumption that occurs within water distribution systems. The AWWA states in its Best Practice in Water Loss Control: Improved Concepts for 21" Century Water Management that: Section 8 — Regional Resource Issues 8-27 It is important to understand that all water utility distribution systems incur leakage (real losses). Similarly, all water utilities fail to recover revenue from all of the water that is (or should be) billed to customers (apparent losses). Although every system is unique, all water utilities should employ leakage control and revenue recovery programs that strive to keep losses contained to appropriate, economically justified levels. AWWA's Manual: Water Audits and Loss Control Programs (M36) and the AWWA FREE Audit Software (http://www. awwa. org/resources-tools/water-knowledge/water-loss-control.aspx) provide a robust pathway for utilities to develop data -driven program to cost- effectively manage all water loss components (apparent and real) in distribution systems, as shown below in the International Water Association (IWA)/AWWA Water Balance (Table 8-7). Table 8-7 The IWA/AWWA Water Balance Water Exported (corrrected for known Billed Water Exported Revenue Water errors Volume from Own Bi I led Authorized Consumption Billed Metered Consumption Revenue Water Sources (corrected for known Authorized Consumption Unbilled Authorized Unbilled Metered Consumption Unbilled Unmetered errors) Consumption Consumption Customer Metering System Inaccuracies Input Apparent Losses Unauthorized Consumption,' Volume Water Supplied Non -revenue Water i Systematic Data Handling Errors Leakage on Transmission and Water Imported Water Losses Distribution Mains (corrected for known Leakage and Overflows at errors) Real Losses Utility's StorageTanks Leakage on Service Connections up to the Point of Customer Metering NOTE: All data i n vol ume for the period of reference, typical ly one year. From AWWA Best Practice in Water Loss Control: Improved Concepts for2lst Century Water Management. 8.7.4 Costs of WUE The complete program of supply and demand side measures that is the most cost effective at achieving WUE goals will vary considerably from one utility to another. Since WUE programs may involve both up -front expenditures and continuing investments, it is valuable to develop levelized costs that provide equivalent comparisons. In addition, it is important to consider the costs and savings to the utility, as well as those experienced by the customer. While performing an analysis of expected costs and benefits is important to WUE planning, it should be recognized that, in many cases, water savings cannot be projected with precision. M Issues with Potential Implications for Public Water Systems in Whatcom County Therefore, decisions on WUE programming require careful consideration of the importance of other factors besides cost effectiveness. For example, as a matter of policy, the utility may decide to promote WUE to respond to community desires or offer increased protection to an environmental resource. In addition, it is important to consider the impact on a variety of customer classes and income groups in designing a complete WUE program. Finally, utilities need to consider the revenue implications of reduced water usage and modify their rate structure as necessary to maintain financial viability as WUE goals are achieved. These revenue implications need to be assessed in terms of wastewater system needs as well. The CWSP recommends that water systems initiate WUE efforts that can be jointly implemented by several utilities and achieve cost savings through combined purchasing. Specific recommendations are for joint contracting of leakage detection analysis and the procurement of public education material. The DOH and AWWA are sources of literature and material that can be tailored for the Whatcom County area. 8.8 Reclaimed Water Reclaimed water is a water supply produced by treatment of municipal or domestic wastewater. The treatment processes are designed to ensure that the water is safe and suitable for the intended use. Sometimes called water recycling or water reuse, the process of reclaiming water involves an engineered treatment system that speeds up nature's restoration of water quality. In Washington, reclaimed water can be used for a wide variety of non -potable benefits such as irrigation, industrial processes and cooling water, toilet flushing, dust control, and construction activities. Under current law, it cannot be used as potable water. It can also be used as a resource for creating, restoring, and enhancing wetlands, recharging groundwater supplies, and increasing flows in rivers and streams. A hurdle for many reclaimed water projects is the issue of impairment. Reclaimed water use may not impair a water right existing at the time of the water reclamation. For example, if a facility has been discharging to a water body and that discharge is reduced or eliminated by reclaiming the water for other uses, the reduction in that discharge may not impair a downstream user, including a minimum instream flow established by rule as part of the Washington Administrative Code that has historically relied on the flow provided by the discharge. In such cases, the reclamation of water may not be allowed or the party reclaiming the water may have to provide mitigation to the party whose use of water is impaired. It is easier for a wastewater treatment facility that discharges directly to marine water to get authorization to reclaim water since there are no impairment concerns. Ecology's Water Quality Program is proposing a new rule, Chapter 173-219 WAC — Reclaimed Water, directed by the state Legislature under Chapter 90.46 RCW. The purpose is to establish an efficient, effective, and consistent statewide implementation framework, including standards and permit requirements, for reclaimed water. 8.8.1 Reclaimed Water in Whatcom County 8.8.1.1 City of Blaine In 2010, the City of Blaine initiated operation of a new Class A water reclamation facility that features membrane bioreactor (MBR) technology and can treat up to 3.1 million gallons per day. Section 8 — Regional Resource Issues 8-29 MM The reclaimed water is not acceptable for drinking but is acceptable for human contact, irrigation, and industrial use. The treated water is being piped and re -sold to large customers such as the Semiahmoo Resort, where it will be used for golf course irrigation. It will also be used by Blaine for street cleaning and other industrial uses. It is being sold at about 80 percent of the cost of fresh water. Use of reclaimed water can help to stretch the City's available existing supplies of potable water into the future. 8.8.1.2 City of Lynden The City of Lynden has been looking at reclaimed water options, but has yet to plan for delivery outside of the wastewater treatment facility. Currently, Lynden utilizes reclaimed water in its wastewater treatment facility for cleaning and wash down. The current range of use is between 300,000 and 500,000 gallons per day, and averages 350,000 gallons per day. 8.8=1.8 B%-r_h_ Bay and PUD No. 1 of W- hatcom County The PUD is completing a water reclamation study that is looking at opportunities to work with some of its customers at Cherry Point to reclaim and/or reuse water those customers now buy from the PUD. As the source of that water is the mainstem of the Nooksack River, any reduction in the use of the Nooksack River will increase stream flow in the Nooksack downstream from the PUD's diversions. Two opportunities the PUD is considering are: • Diverting Birch Bay Water and Sewer District wastewater discharge to industrial customers at Cherry Point for use in the refining process, which would decrease wastewater discharge into the Cherry Point Aquatic reserve, and reduce a small portion of the water taken from the mainstem of the Nooksack; and • Discharging some of the Cherry Point industrial processing discharge water now going to Puget Sound back into the mainstem of the Nooksack. EM Section 9 - Plan Implementation 9.0 Introduction This CWSP update was prepared to fulfill the requirements of the Public Water System Coordination Act, RCW 70.116, and provide clarity on related processes and procedures. This section briefly outlines the approval process for the CWSP, a process of appealing CWSP decisions, how the CWSP will be updated, and the environmental review. Throughout this CWSP, the words "must," "will," "shall," or "required" are used when practices are required by rule or statute, sufficiently standardized to permit specific delineation of requirements, or where safeguarding the public health justifies definitive criteria or action (and is legally allowable to do so). Where requirements are spelled out in statutes or rules, an attempt has been made to cite the relevant source of the statements. "Should" or "recommend" indicate procedures, criteria, or methods that are not required and can be approached with some degree of flexibility. In such cases, water system managers need to explain the basis of the altered approach or why another approach may be more applicable. Unless specifically noted, the WUCC has determined this flexibility should be retained and the related recommendations should not be codified. In cases where the WUCC has determined that certain actions, standards, or procedures are sufficiently important to warrant adoption into the Whatcom County Code, this has been noted in the CWSP. These changes are summarized later in this section, where the WUCC recommends the Whatcom County Council amend the existing code to implement the recommendations of the WUCC. 9.1 Plan Approval Procedures As outlined in Section 2, the completed CWSP is presented in two parts: (1) the supplemental provisions detailed in this Regional Supplement document; and (2) a compilation of individual water system plans for individual water utilities, which are approved separately by the County and the DOH. Approved WSPs are on file with DOH and the County. It is the responsibility of each utility to fulfill its water system planning requirements. The level of effort required is based upon the system size, the expansion plans of the utility, and the type of system ownership. Guidelines for preparing WSPs are available from DOH. All individual WSPs are to be updated on a schedule coordinated with DOH. Preparation of the supplemental provisions is the responsibility of the County and the local utilities, acting through the WUCC. The WUCC identified local needs and gave direction to the development of the CWSP as it related to area -wide issues. Through the efforts of the WUCC and the County, the procedures, regional policies, and minimum design standards have been reviewed and revised accordingly. Once approved by the WUCC, the completed CWSP is submitted to the Whatcom County Council for a consistency review. The purpose of the consistency review is to ensure this CWSP is not inconsistent with existing land use plans or policies. The council has 60 days upon receipt of the CWSP to hold a public hearing and act on the document. Once reviewed and accepted by the council, the CWSP is submitted to DOH, which must act upon adoption within 60 days. 9-1 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAMFINAL\SECTION 9 PLAN IMPLEMENTATION.DOCX EUT, SECTZON 9 Once assured that the local preparation and review procedures of RCW 70.116 have been followed, DOH will be able to approve this document as the Regional Supplement of the Whatcom County CWSP. It should be emphasized that the DOH may approve portions of the CWSP found to be consistent with adopted plans and policies in effect at the time of their review. This will enable approval of this CWSP Regional Supplement and those completed individual WSPs. As specified in Section 2, requests for system__ expansion will be denied for those water utilities that have not completed their planning requirements. Any changes requested to individual WSPs or service area boundaries prior to the next update of the CWSP can follow the administrative change procedures specified in the CWSP without additional formal action by the Whatcom County Council. 9.2 Appeals Process As discussed in Section 6, the Utility Service Review Procedure (USRP) process gives existing systems preference for providing water service to new developments. Each service must be timely and reasonable. Disagreements as to what constitutes appropriate conditions of service may be expected to arise from time to time between applicants for new water service and existing systems. For these reasons, an appeal procedure was developed. Per the USRP, applicants for land use permits that require potable water service within the designated service area of a water utility must work out the conditions for new service with the designated utility. Conditions of service disputes within a utility's retail service area are not subject to the CWSP appeals process but may be pursued through means specified in the MWL, including Superior Court. An applicant who is not satisfied with the designated utility's conditions for new service outside of their retail service area may initiate an appeal as detailed in Sections 9.2.1 through 9.2.3, below. 9.2.1 Issues Subject to Appeal and Review Only water service related issues are subject to appeal and review under this process. In most instances, such issues will be identified when the applicant requests the Water Availability Form from the water utility. Issues subject to appeal and review are limited to the following: • Interpretation and application of water utility service area boundaries; • Proposed schedule for providing service outside of the retail service area; • Conditions of service outside of a utility's retail service area, such as the timeliness and reasonableness of service, but excluding published rates and fees; • Annexation provisions imposed as a condition of service; provided, however, existing authorities of city government are not altered by the CWSP, except where an interlocal agreement exists between a city and the County or as are specifically authorized by Chapter 70.116 RCW; and • Lack of response by a utility. Issues other than conditions of service, such as those related to conformance with the State Environmental Policy Act (SEPA), the GMA, any county -wide planning policies, county and city 9-2 J:\DATA\WCP\414-065\PLAMFINAL\SECTION 9 PLAN IMPLEMENTATION.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN M Plan Implementation land use plans, financing policies, and wholesale agreements are not subject to the CWSP appeals process, but may be addressed through other avenues. 9.2.2 Timeliness and Reasonableness of Service State law requires that no other utility shall establish a public water system within the area covered by a CWSP unless the local legislative authority (Whatcom County Council) determines that the existing utilities are unable to provide the service in a timely and reasonable manner. The USRP makes reference to the provision of water service in a timely and reasonable manner. The term "timely and reasonable," as included in both the Public Water System Coordination Act (RCW 70.116.060(3)(a)) and the Municipal Water Law, have different meanings. With respect to the Coordination Act (Chapter 70.116 RCW), the term is applied to the conditions of service for applicants seeking water service within the future service area of a water utility. Applicants for water service located in an existing water system's future service area must request service from the existing system. In this case, the existing utility has the "right of first refusal" of water service. If the system cannot provide the new service in a timely and reasonable manner, the applicant may pursue the following options in the order presented. 1. Receive service from another water system. 2. If service is not available, the applicant may develop a new public water system or a private supply., The Coordination Act defines "timely" as actions taken within 120 days, but it does not specify when the period begins and ends. The Coordination Act allows CWSPs to specify utility actions for completion in this 120-day period. The Coordination Act does not define "reasonable." DOH suggests the following definitions for reasonable: • Conditions of service are consistent with local land use plans and development regulations; • Conditions of service and associated costs are consistent with those documented in the system's approved water system plan; and Conditions of service and associated costs are consistent with the system's acknowledged standard practice experienced by other applicants requesting similar water services. Under the Municipal Water Law, the term "timely and reasonable" is used as one of the conditions in which a water utility has a "duty to serve" within their retail service area. Municipal water suppliers have a duty to provide service to all new connections within their retail service area when the following criteria are fulfilled. 1. The utility has sufficient capacity to serve water in a safe and reliable manner. , Note: "Public water system" includes all systems except those serving one single-family residence or four or fewer service connections on the same farm. As used in this document, the term is generally synonymous with "Purveyor" and "Utility." "Private water supply" means a non -Group B water supply serving up to two single-family residences (per WCC 24.11). 9-3 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAMFINAL\SECTION_9 PLAN IMPLEMENTATION.DOCX ll 2. The service request is consistent with adopted local plans and development regulations. 3. The utility has sufficient water rights to provide service, 4. The utility can provide service in a timely and reasonable manner. Because the two laws define "timely" differently, and neither law defines "reasonable" service, the DOH recommends that a definition for timely and reasonable service be provided in the CWSP. Consequently, timely and reasonable service shall be defined as follows (in order of priority). 1. As defined in the water utility's approved water system plan. 2. If the water utility does not have a water system plan, the definition shall be as defined in the utility's service policies, so long as those policies are not inconsistent with the Coordination Act. 3. If the water utility does not have a water system plan or service policies, or the water system plan or service policies do not provide a definition for timely and reasonable, the definitions shall be as follows: • Water service is considered timely when: o the water utility can provide service within 120 days of receiving all necessary permits to begin installation of required system improvements, if the utility is conducting system installation; or o the water utility can provide service within 120 days of the applicant installing all necessary system improvements, or as otherwise agreed to between the applicant and utility. Water service is considered reasonable if costs and conditions of service are consistent with the utility's acknowledged standard practice experienced by other applicants requesting similar service. A ^ ^ A------�- a.L.3 Appeals Process Step 1— Filing of an Appeal An aggrieved party has 30 days from receipt of a written decision from a utility to file an appeal of issues identified in Section 9.2.1 with the Whatcom County Hearing Examiner and notify the Whatcom County Health Department (WCHD). The appeal shall be accompanied by a fee as set forth in the Unified Fee Schedule. The current fee schedule is provided in Whatcom County Ordinance 2014-063. Step 2 — Voluntary Appeal Resolution Process When an aggrieved party notifies the WCHD that an appeal has been filed, the County will offer to initiate a voluntary appeal resolution process. The goal of the voluntary appeal resolution process is to amicably resolve the dispute of an issue subject to appeal with minimal cost to all parties in the hopes of avoiding the use of other more costly and time consuming remedies, such as a formal appeal before the Hearing Examiner or Superior Court. If both parties desire to enter into the voluntary appeal resolution process, the aggrieved party shall request a stay of the Hearing Examiner proceedings for a specific period of time. Additional stays can be requested, if necessary and desirable. •. J:\DATA\WCP�114-065\PLAMFINAL\SECTION 9 PLAN IMPLEMENTATION.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN 492 Plan Implementation The voluntary appeal resolution process can be initiated by either party sending a written request for review of the disputed issues to the Director of the WCHD. If all parties agree to the voluntary process, the appeal will be heard by an appeal resolution committee (ARC) consisting of the Director of WCHD (or his/her designee), the Director of Planning and Development Services (PDS) (or his/her designee), the Director of Public Works (or his/her designee), and a representative from a Satellite Management Agency (SMA) currently approved for operation in Whatcom County. The ARC shall be chaired by the representative from the WCHD. The goal of the ARC shall be to find a mutually agreeable solution to the dispute and have the parties memorialize any agreement by executing a service agreement. However, neither party is bound by the decision; if either party subsequently wishes to pursue a final resolution in another venue, they may do so. Furthermore, no official record of this appeal resolution process will be provided. The WUCC recommends that Whatcom County develop a process for appellants to receive a refund of the Hearing Examiner filing fees if the voluntary appeal resolution process is successful. Step 3 — Hearing Examiner If the voluntary appeal resolution process is not successful, or if the parties choose not to engage in that process, either party may appeal issues identified in Section 9.2.1 to the Hearing Examiner in accordance with WCC 20.92.210. Further review will then take place under standard Hearing Examiner procedures (WCC 20.92). Per WCC 20.92, the Hearing Examiner shall conclude review and issue a final decision within 45 days of receiving the appeal and "Staff Findings." Upon completion of the Hearing Examiner review and any appeals thereunder, the WCHD will continue processing the development application consistent with the final resolution. Step 4 — County Council The final decision of the Hearing Examiner may be appealed to the County Council within 10 days of the decision in accordance with WCC 20.92.600. This appeal shall be accompanied by a fee as set forth in the Unified Fee Schedule. Step 5 — Review Court Upon receipt of a report of findings and a decision regarding unresolved appeals from the Hearing Examiner, an appeal may be made to Superior Court and/or other appropriate courts following the rules of that venue. 9.3 Coordinated Water System Plan Update Because rules, laws, and practices change over time, it is recommended that the CWSP be updated in coordination with updates of the Whatcom County Comprehensive Plan to ensure that both documents remain relevant and useful. More frequent updates of the CWSP may be initiated, as necessary, at the direction of the County Council or DOH. In accordance with RCW 70.116.060(8), if DOH initiates an update or revision of the CWSP, the state shall pay for the cost of the update. 9.4 Periodic Review of CWSP Implementation The Director of WCHD (or his/her designee) shall contact WUCC members at least once per calendar year to determine whether there are issues of significance requiring attention by the full WUCC or a sub -committee of the WUCC. The Director will also contact the members of the Water 9-5 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCPW14-065\PLAMFINAL\SECTION 9 PLAN IMPLEMENTATION. DOCX 493 SECTZON 9 Resource Inventory Area (WRIA) I watershed planning process established under RCW 90.82, including the WRIA 1 Planning Unit, at least anntiall_y to determine if there are issues from that process that require attention by the WUCC. These issues may include the identification of items for which the WUCC or the Planning Unit recommend the County engage in education -related efforts intended to foster the successful implementation of the CWSP. 9.5 Environmental Review The State Environmental Policy Act (SEPA), Chapter 43.21C RCW, requires that all CWSPs be accompanied by an appropriate environmental document. A SEPA Checklist has been prepared for the Whatcom County CWSP and its recommended activities. This checklist is included as Appendix 5. The CWSP update has been prepared to establish administrative, management, and policy procedures to respond to the needs of existing and future customers in the County. It is intended to address regional concerns within the County that are not ordinarily included in each utility's WSP. Examples of those regional issues are: procedures for reviewing and approving future water use activities; minimum design standards; designated water utility service areas; and water utility management policies. The CWSP contents are referenced in the SEPA Checklist. It is anticipated that both negative and positive impacts will occur to earth, water, land use, population, public services, and utilities as a result of implementing the individual water system plans. The CWSP update has been developed in coordination with the GMA County -wide Planning Policies and County land use documents to reflect local land use policies and requirements. Therefore, implementation of this CWSP and the employment of sound engineering and constriction practices during the implementation of each utility's WSP will minimize any adverse impacts. Before the CWSP has been formally accepted by the Whatcom County Council, it is recommended that a final environmental determination be made by PDS. This final determination is attached as Annendix 5 for cnhmittal to T)ON fnr nnnrnvnl 9.6 Implementation Tasks This section presents a summary of actions that are recommended to fully implement this CWSP or otherwise improve the coordination of water service in the County. The first list (Section 9.6.1) includes new implementation measures that the WUCC identified during the 2016 CWSP update process and recommends for implementation. The second list (Section 9.6.2) is a list of other implementation actions that were included in the 2000 CWSP or otherwise in effect, but were not fully implemented or do not require continuing implementation. 9.6.1 New Implementation Measures 1. Whatcom County will provide a link to the Service Area Map on the PDS and WCHD websites for easy reference. 2. Whatcom County will update the Service Area Map whenever changes to Group A public water system service areas are filed with the County and will include the date of the update on the map to ensure that all users are working from the most current version. •Z J:\DATA\WCP414-065\PLAMFINAL\SECTION 9 PLAN IMPLEMENTATION. DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN Plan Implementation 3. Whatcom County will provide a link to staff contacts on the PDS and WCHD websites for questions regarding the CWSP. 4. Whatcom County will revise the Water Availability Notification forms for consistency with this update of the CWSP. 5. Whatcom County shall implement the voluntary appeals resolution process discussed in Section 9.2 as necessary. 6. The Director of WCHD (or his/her designee) shall contact WUCC members at least once per calendar year to determine whether there are issues of significance requiring attention by the full WUCC or a sub -committee of the WUCC. The Director will also make contact with members of the WRIA 1 watershed planning process at least annually to determine if there are issues from that process that require attention by the WUCC. These issues may include the identification of items for which the WUCC or the Planning Unit recommend the County engage in education -related efforts intended to foster the successful implementation of the CWSP. 7. Whatcom County Health Department will pursue the development of a GIS layer depicting all public water system services areas in Whatcom County, including community and non -community water systems. 8. The County shall seek to amend WCC 24.11 as follows: • Adopt the CWSP or its successor by reference; • Provide definitions of alternative private water supply and private water supply; • Provide a definition of the CWSP; • Distinguish the difference between public water systems and private water supply (well); • Include language that applicants must comply with provisions of the CWSP prior to director approval of private water supplies and new public water systems; and • Establish a public water denial form required for private water supply applications within public water system service areas. 9.6.2 Other Action Items 1. Whatcom County will continue to incorporate results from delineating wellhead recharge areas or vital source protection areas into the Whatcom County Comprehensive Plan with the goal of ensuring compliance with the intent of the state and federal mandate for water utilities to delineate time -of -travel zones and wellhead protection plans. The County will facilitate coordination of water resource information and protection efforts of water systems per Goal I IF, Policy I IF.3 of the Comprehensive Plan. 2. Per RCW 70.315.060, non -municipal corporations shall develop a description of their hydrant maintenance procedures and keep them on file to be eligible for liability protection for damages that may arise out of a fire event. 3. Whatcom County will notify those public water systems that are not required to comply with minimum fire flow standards that they are required to coordinate with the local fire control authorities to ensure that any hydrants on their system, if they can possibly be used in the 9-7 WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCPk414-065\PLAMPINAL\SECTION 9 PLAN IMPLEMENTATION.DOCX m SECTXON 9 course of fire suppression activities, do not create adverse pressure problems within the water system as a result of fire control actions (WAC 246-290-221). 4. Local fire control authorities may only use collapsible hoses for hydrant connections unless the utility informs the local fire control authority otherwise. 5. Water utilities are responsible for taking action to restrict free flow from hydrants to protect against back flow and siphoning when water is being used for fire -fighting. 6. Water supply facilities for new developments and for new or expanding public water systems shall be designed to meet the minimum fire flow requirements set forth in Table 5-3. 7, Water futilities most color -code de red daps can all hvdnrmts when: • The effects of supplying fire flow are unknown; • Fire flow is less than 500 gallons per minute; or • Fire flow would reduce system pressures to less than 20 pounds per square inch. 8. Utilities should, where practical, provide the Fire Marshal and fire district with the locations of hydrants with color -coded red caps so that these locations can be mapped for use by fire crews (Section 5.3.7). 9. Fire hydrants that are temporarily inoperative or unusable shall be wrapped or otherwise provided with indication of their condition, and shall be repaired as soon as possible by the water utility as required by WAC 246-293-650(7). 10. Fire hydrants that are permanently out of service should be removed by the utility as soon as possible. 11. Where appropriate, a written agreement that identifies responsibilities for maintenance and testing of fire hydrants should be negotiated between the fire control authority and the water utility (WAC 246-296-650(8)). Such agreements should establish operation, maintenance, and testing policies that are mutually beneficial to both the fire authority and the water utilities and would clarify each party's respective roles and responsibilities. Communication is seen as being most important in the unincorporated areas and/or where County fire districts exist with dynamic boards of commissioners and local fire district chiefs. Fire hydrants that are permanently inoperative or unusable must be removed by the water utility. All testing should be done according to application American Water Works Association and National Fire Protection Association standards. 12. NEW ACTION ITEM. Public water systems identified in Section 3 as not having sufficient water rights to meet existing or anticipated future demands are encouraged to explore options for reducing their system demand and increasing their system supply including, where appropriate, consideration of interties with existing water systems with available water. As Whatcom County continues to develop and implement a strategy for overall water resources management in the County, it should continue to support the creation of interties and other infrastructure improvements among and between public water systems in an on -going attempt to provide secure and high -quality sustainable sources of water throughout the County. 9-8 J:\DATA\WCP'414-065\PLAMFINAL\SECTION 9 PLAN IMPLEMENTATION.DOCX WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN L" 01109� Plan Implementation 9.6.3 WUCC Items for Consideration by the Community The items in the following list are not necessarily items that any single entity can successfully address or implement but are issues which were identified during the update of the CWSP and which, in the opinion of the WUCC, deserve acknowledgment as the community plans for the future. • Water rights acquisition for current and future demand. • Emergency intertie exploration. • Permanent intertie exploration. • Consolidation of water systems. • Identify available inchoate water to be transferred to another municipal water supplier or integrated into a regional water supply system. • Closely monitor any actions taken by the United States on behalf of the Lummi Nation and the Nooksack Tribe, and to become actively involved in any local efforts aimed at the resolution of these issues, which are beyond the scope of this CWSP update. • Identify water systems at high risk based on their financial viability. Those systems should be encouraged to do the following: 1. Develop an operating budget; 2. Evaluate rates for adequacy; 3. Create and fund an operating cash reserve; 4. Create and fund an emergency reserve; and 5. Create and fund reserves for capital improvements and equipment replacement. (Resources exist, DOH templates, programs, etc., but small troubled systems lack capacity and require coaching to follow through and gain financial viability). • Continue discussions regarding issues and potential solutions related to the presence of nitrates in groundwater in the CWSSA. • Plan for and encourage interlocal agreements between utilities to manage failing water associations that fall into receivership. • Encourage and actively participate in forums, workshops, and other water -related planning activities. WHATCOM COUNTY COORDINATED WATER SYSTEM PLAN J:\DATA\WCP\414-065\PLAN\FINAL\SECTION 9 PLAN IMPLEMENTATION.DOCX Mob THIS PAGE INTENTIONALLY LEFT BLANK m Appendix 1 — Water Rights Capacity Map THIS PAGE INTENTIONALLY LEFT BLANK 500 'ra'; Riau P, utloogum dew sisAleuV Alpedeo j4BiM jejeM Er gg 2 F,' N lo LU ui El LU _,o d Eamp 2 CYLL 0 Z --------------- 2z2 o . "12'.. .1 ---------------- 41 6 -6rc 12 1. J-6 mo o zo ol z maF l co OAV 0 0 Ho J—. U) IMIN Rj o I og o 2.5 o f op 'o pgg o A x"6 x o Hq N T o fi THIS PAGE INTENTIONALLY LEFT BLANK 502 p E a 3 q 'a E E i za E y`a` E 3 y <3 nn ;" n3 r - nan3rn3 <m aa=�ya n�3ann t._ ayaaaa trr n3nns tat 9aav rsrm avaa i� a y a uaa; n33 nn n3n3 as yo �sye3'9y y`3'yyyy yyyy3 "3gy y 3W 3yy9w �ya;�a'a 33yg�y&yg q -e.reoaoo o - a---- - _ n� =x yo 3 m >>"3 � m m rvm ., om ore y n a2 tt 3 ,RNA �T x. TIT I :Aa 6- �A: 26°m' s ee v000_ 6 o ..000a o00o m ory ....omm 666000000 9= Toaoa 2 3 m lg� n mTITT-, n r m R n 1-T- J E a a8 $$^So n$o�n .+�uonmPgmonan "�o.,rv.,rvnn na�sn�wuum$n� 9 I T:m�v�mmn.niav,�orv��nwnu,nnm s �ns$m�sm E msm�snmm�a awr"n, n n n n$ s o m a1s-n� m m m m 6 o few 3 .si z F o a z33°�s 2'"� 33 r3r 3 3 W 3 r y m a m y x a G C°° o o F o 3 a W 3 o o 3 3 3 3 C _ S m m a 3 Q y ? _ .. W 5 3 r E E E E E E s o rc a c o a o 'o� S 9 f z o a G 3 3 3 3 3 3, 504 Appendix 2 - Water Right Procedures 505 THIS PAGE INTENTIONALLY LEFT BLANK 506 Appendix 2 - Water Right Procedures Typical Water Rights Process The following discussion identifies the typical steps involved in the processing of a water right application by Ecology. Submittal of an application to Ecology, with the appropriate application fee. 2. Ecology preparation of a legal notice for the applicant to have published once a week for two consecutive weeks. 3. Ecology solicits comments on the proposed application from the Washington Department of Fish and Wildlife (WDFW), Nooksack Tribe, and Lummi Nation. 4. Applicant submits an Affidavit of Publication to Ecology. 5. There is a 30-day period after the last date of publication for submittal of protests to the proposed application to appropriate water. 6. Ecology conducts a field examination and evaluates comments from the WSFE, tribes, and any other protests, and reviews Chapter 173-501 WAC to determine if affected water bodies have minimum instream flows assigned, or if they are closed to future consumptive appropriation. 7. Ecology prepares a draft Report of Examination that is posted on its website for 30 days to allow for review by the public and collection of additional public comment. 8. If no substantive comments are received, Ecology prepares a final Report of Examination with copies to anyone who has protested the application, either approving, approving with conditions, or denying the application. If the application is approved, Ecology includes a request for submittal of the appropriate permit fee. 9. Appeals of the Ecology decision in the Report of Examination can be filed with the Pollution Control Hearings Board within 30 days of this decision. 10. Upon submittal of the permit fee, and after the 30-day period for appeals has expired, Ecology issues a permit containing the development schedule from the Report of Examination (ROE). 11. The development schedule in the permit contains dates for beginning of construction, completion of construction, and putting the water to beneficial use. 12. When the water authorized in the permit has been put to beneficial use, and the appropriate fees are received, Ecology issues a certificate of water right or a certificate of change. Alternative Means of Water Rights Processing As a means of addressing the water rights backlog, the legislature has established alternative means of water rights processing that can be employed under certain conditions. These alternative methods are discussed briefly below. J:\DATA\WCP\414-065\PLAMWUCC FINAL REVIEWVNPENDIX2.DOCX 507 Appendix 2 — Water Right Procedures Cost Reimbursement Cost reimbursement is a contract between a water right applicant and Ecology. Under this contract, applicants assume the full cost of processing their water right application, with some or all of the work performed by Ecology's consultant. Presently, Ecology has eight consulting firms pre - approved to perform this work. The cost reimbursement option allows a private consultant to complete the work that Ecology hydrogeoiogists and permit writers would ordinarily perform. T his process makes Ecology staff more available to work with other applicants on their water right applications. The consultant conducts a site investigation, performs the environmental and hydrogeologic analyses, identifies whether the water is available or would impair other water users, prepares a report with his or her findings, and recommends whether to approve the application. Ecology posts the draft ROE on the internet to solicit comments. Once the comment period is closed, Ecology works with the consultant to make any needed changes. Ecology makes the final decision on the application and then posts the final ROE on the internet for a 30-day appeal period. The cost reimbursement process consists of two phases. In Phase One, the application is evaluated to identify the boundaries of the water source. This is the area that could be affected by a proposed water withdrawal. In the case of groundwater applications, this phase requires a preliminary delineation of the affected body of public groundwater. A Phase One analysis includes looking at whether there are other prior applications requesting water from the same source of supply. It will also identify likely issues that require further evaluation, and may provide a scope and cost estimate for completing Phase Two. In Phase Two, Ecology's consultant prepares a ROE for the application(s). The ROE consists of the background and technical analysis necessary for the particular water right or water right change requested. If the applicant has an Ecology contract with a pre -approved consultant to conduct Phase One, a report will be provided to the applicant with a scope and cost estimate for Phase Two. If the applicant ,____ his — her n .z,n consultant to prepare the Phase One rev--t, the report .will be forwarded to Ecology's consultant (chosen by either the applicant or Ecology from Ecology's pre - approved list) with a request to provide a scope of work and fee estimate for Phase Two. Ecology recommends that any applicant considering the cost reimbursement process first consult with Ecology regional staff. Regional staff will be able to give an applicant an idea of how many other applications are in the same watershed, share their knowledge of watershed issues, and provide an initial impression of the likelihood that the application can be approved. Ecology staff will also be able to discuss what type of costs the applicant must pay, such as: • Consultant services; • Ecology time spent reviewing the consultant's work and managing the contract; and • Certain legal costs. (Source: Ecology FAQ: Cost Reimbursement) JADATA\WCPW14-065\PLAMWUCCFINAL REVIEWWPPENDIX2.DOCX 2 M Appendix 2 — Water Right Procedures Water Conservancy Boards Water conservancy boards (boards) allow for the processing of water right transfer applications by an independent branch of local county government. The boards are separate units of government that process water right change applications within an identified geographic area. A board can serve a single watershed, multiple watersheds, a county, or multiple counties. They can also issue reports of examination and record decisions. Boards were authorized by the 1997 Legislature, under Chapter 90.80 RCW, as an alternative to the conventional application process to assist Ecology with the backlog of pending water right change applications, and to provide timelier water right change decisions. All board decisions are ultimately reviewed and affirmed, reversed, or modified by Ecology. Each board consists of three or five commissioners with up to two alternates. All board commissioners and alternates must initially receive 32 hours of training from Ecology, and maintain 8 hours per year of continuing education thereafter. Whatcom County established a water conservancy board in December 1999, but it was dissolved by the Whatcom County Council in July 2008, due to the inability to recruit volunteer board members. The board approved two water right transfers in Water Year 2003, one for groundwater and one for surface water. (Source: https://fortress.wa. og v/ecy/publications/publications/0811046.pdf.) Certified Water Right Examiners (CWRE) Historically, when a permit holder had completed their development, they filed a proof of appropriation form with Ecology attesting to the rate and (sometimes) volume of water that had been beneficially used. Ecology staff would then perform a proof examination, which consisted of a review of the water right file followed by a site visit, the extent the water right permit had been beneficially used. After this review, Ecology would issue the water right holder a water right certificate up to the limit of the beneficial use or the permit, whichever was lower, and this would conclude the development schedule of the permit. In 2010, the legislature created RCW 90.03.665, which allowed Ecology to establish CWREs in the State of Washington, which they did in 2012, with the adoption of Chapter 173-165 WAC. CWREs are individuals that have been certified by Ecology as qualified to perform proof examinations and prepare a report necessary for Ecology to issue a water right certificate. A water right permit holder that is ready to advance to certificate stage contracts directly with a CWRE for preparation of the necessary report. Ecology reviews the document and, once in agreement, issues the water right certificate. Similar to cost reimbursement, this program pushes the responsibility and cost for completing work onto the entity that is interested in the work being performed. Decision Making Process on Water Right Applications Ecology adopted Chapter 173-152 WAC — Water Rights, in March 1998, which established a framework for processing water right applications and applications for change. This regulation contains the following pertinent provisions: • The department will make decisions on water right applications and applications for change from the same water source in the order the application was received. • Applications from more than one water source may be investigated at one time. J:\DATA\WCP\414-065\PLAMWUCC FINAL REVIEWAPPENDIX 2.DOCX 509 Appendix 2 — Water Right Procedures • The department may conduct basin assessments to assemble and correlate information related to multiple applications from the same basin for decision -making purposes on all pending applications in the basin or the same water source. • Multiple basin assessments may be conducted at the same time. • Upon completion of the basin assessment and consultation with interested parties and agencies, the department will make decisions on the competing applications. • Applications may be processed prior to competing applications if the department determines the application: o Meets certain criteria related to public health or safety, o Is a non -consumptive use, o Would substantially enhance the quality of the natural environment, o Would result in providing public water supplies to meet the general needs of the public, or o Is included in a pending adjudication of water rights. J:\DATA\WCR414-065\PIAMWUCCFINALREMEMAPPENDIX2.DOCX 4 510 Appendix 3 — Department of Ecology Municipal Water Law Interpretive and Policy Statement 511 THIS PAGE INTENTIONALLY LEFT BLANK 512 Appendix 3 - Department of Ecology Municipal Water Law Interpretive and Policy Statement POL-2030 WATER RESOURCES PROGRAM POLICY 2003 Municipal Water Law Interpretive and Policy Statement Contact: Program Development and Operations Support Section Effective Date: February 5, 2007 Revised Date: May 7, 2012 References: Chapter 90.03 Revised Code of Washington Purpose: To describe and provide interpretation of parts of the Municipal Water Law, and describe generally applicable procedures that the Department of Ecology (Ecology) will use in identifying and managing municipal water rights. Application: This interpretive and policy statement is a review of the applicable sections of the state Water Code (Ch. 90.03 RCW) that were amended or added by the 2003 Municipal Water Law. The document describes how Ecology intends to apply the various sections of the law to municipal water rights and management. The 2003 Municipal Water Law (SECOND ENGROSSED SECOND SUBSTITUTE HOUSE BILL 1338; Chapter 5, Laws of 2003; 58th Legislature; 2003 1st Special Session; MUNICIPAL WATER SUPPLY —EFFICIENCY REQUIREMENTS) clarifies municipal water rights. http://www.ecy.wa.jzov/programs/wr/rights/Images/pdf/2E2SHB 1338.pdf Ecology has chosen to develop this Interpretive and Policy Statement (IPS) for carrying out the 2003 Municipal Water Law under the authority of the Administrative Procedure Act (RCW 34.05.230). This IPS clarifies the Department of Ecology's position and management approach for carrying out that law. This IPS supersedes earlier statements relating to the Municipal Water Law and has been issued subsequent to the Washington Supreme Court's decision in Lummi Indian Nation v. State of Washington, Washington Supreme Court No. 81809-6, which held that all sections of the Municipal Water Law are constitutional on their face, and thus valid and operative. This document's primary audience is those interested in, and affected by, management of water rights for municipal supply purposes. It clarifies Ecology's approach in interpreting and implementing the law. It enables Ecology staff to have a common understanding and consistency of application. Wherever possible, Ecology's goal is to be consistent in review and decisions on municipal water supply issues. While the following statements address many situations, exceptions based on case -by -case review may arise that do not conform to these statements. This interpretive and policy statement interprets the 2003 Municipal Water Law but is not a formal rule adopted through a rulemaking process. Thus, pursuant to RCW 34.05.230(1) this interpretive and policy statement is advisory only. This document is organized by sections of the Water Code (Ch. 90.03 RCW) added or amended by SESSHB 1338. Each of the sections states what Ecology believes the section addresses, what it means, and how Ecology will apply that section. J:\DATA\WCP1A14-065\PLAN\WIJCC FINAL REVIEW\APPENDIX 3.DOCX 513 Appendix 3 — Department of Ecology Municipal Water Law Interpretive and Policy Statement RCW 90.03.015(3) & (4) DEFINITIONS of "Municipal Water Supplier" and "Municipal Water ,supply Purposes. " This section defines water rights that are for municipal water supply purposes. 1. Municipal water suppliers can hold water rights for municipal water supply purposes. 2. Municipal water suppliers can hold water rights that are not for municipal water supply purposes. 3. Ecology evaluates conformance with the definitions in this section on an individual water right basis. In reviewing individual water rights however, relationships between water rights must be identified and given consideration. Such relationships between water rights include but are not limited to "alternate" and other linkages (as more fully described in paragraph 9 below). 4. If one purpose of use on a water right is for a municipal water supply purpose, then another purpose of use under the same water right is for a municipal water supply purpose when it is a use generally associated with a municipality. 5. Beneficial purposes of use generally associated with a municipality include but are not limited to residential, governmental or governmental proprietary, commercial, industrial, irrigation of parks and open spaces, institutional, landscaping, fire flow, water system maintenance and repair, and the uses described in RCW 90.03.550. 6. If a municipal water supplier holds one water right that is for municipal water supply purposes, other water rights held by the municipal water supplier may or may not qualify as rights for municipal water supply purposes. 7. If a municipal water supplier holds or acquires a water right not for municipal water supply purposes, the purpose of use may be changed to municipal water supply purposes under RCW 90.03.380. The statutory tests for a change must be satisfied. Also, the beneficial use following the change must meet a definition in this section. Changes under RCW 90.03.380 require a tentative determination of the extent and validity of the water right proposed for transfer or change. 8. In general, agricultural irrigation purpose of use and dairy purpose of use water rights held or acquired by a municipal water supplier cannot be conformed as rights for municipal water supply purposes. These purposes are not generally associated with the use of water within a municipality. Water rights for other purposes of use may also fall into this exclusive group. These situations will be considered by Ecology on a case -by -case basis. [See "conformed water right" definition in the section concerning RCW 90.03.560, below.] Water rights for non -municipal purposes that cannot be conformed can still be changed to municipal purposes by filing and having approved an application for a water right change or amendment. 9. Ecology interprets the statute as requiring active compliance by conformance with the beneficial use definitions in RCW 90.03.015(4). Examples of conformance with the definitions include but are not limited to the following: a. Conformance with the definition occurs where a water right holder uses water for one or more of the categories of beneficial use included in the definition of a water right for municipal water supply purposes (e.g. the residential connection or nonresident population thresholds under RCW 90.03.015). J:\DATA\WCP1414-065\PLAN\WUCC FINAL REVIEWWPPENDIX 3.DOCX 01 514 Appendix 3 - Department of Ecology Municipal Water Law Interpretive and Policy Statement b. If the water right holder is a public water system participating in the water system planning process, then conformance with the definition occurs when the water right is identified as being held for existing customers, future growth or supply needs, standby/reserve, backup or emergency, or other reasonable future use in a water system plan (WAC 246-290-100), project report (WAC 246-290-110), construction document (WAC 246-290-120), source approval (WAC 246-290-130), existing system as -built approval (WAC 246-290-140), or coordinated water system plan (WAC 246-293) as approved by the Department of Health, or a small water system management program (WAC 246-290-105) as required by the Department of Health. c. A water right authorized for one or more of the categories of beneficial use included in the definition of municipal water supply purposes that has been integrated or consolidated through Ecology action(s) or statutory procedure(s) (e.g. new permit, change decision, replacement or new additional well, showing of compliance under RCW 90.44.100(3), consolidation of rights for exempt wells under RCW 90.44.105) such that two or more water rights or water sources have alternate, well field, non -additive (formerly "supplemental"), or other relationships will be recognized as in conformance with the definitions. d. If a water right does not meet the definition of a water right for municipal water supply purposes for 5 or more years, or does not otherwise qualify for the relinquishment exception under RCW 90.14.140(2)(d), then the water right would be valid only to the extent it had been beneficially used during that period, with any non-use resulting in relinquishment of the right unless the non-use is excused by one of the other exemptions to relinquishment provided under RCW 90.14.140. RCW 90.03.015(4)(a) DEFINITIONS — Defines Required Number of Residential Connections and Non -Residential Population for Municipal Water Supply Rights. The statutory definitions in this subsection do not exactly match the Department of Health rules for Group A water systems under WAC 246-290-020. 1. In this section, we provide examples of water systems that might or might not be considered municipal water suppliers holding water rights for municipal water supply purposes. Whether or not the particular system is considered municipal or not depends on the specific fact pattern. 2. RCW 90.03.015(4)(a) provides statutory definitions for municipal water suppliers holding water rights for municipal water supply purposes. These definitions overlap Department of Health rules for Group A water systems, but they are not exactly the same. 3. All municipal water suppliers under this section are Group A water systems. However, not all Group A water systems are municipal water suppliers. 4. One difference between the definition in this section and Department of Health rules for Group A water systems is the statute requires 15 or more residential connections. The Department of Health rules consider both residential and non-residential connections. Therefore, a water right serving 15 homes would be for municipal water supply purposes but a water right serving 14 homes and a business would not. It does not meet the "municipal" definition, because it does not meet the "residential" criterion. However, both would be Group A water systems. J:\DATA\WCP\414-065\PLAN\WUCC FINAL REMEWVWPENDIX 3.DOCX 515 Appendix 3 - Department of Ecology Municipal Water Law Interpretive and Policy Statement The statute does not define the term residential service connection. Ecology considers this term to be as defined in Department of Health rules for Group A community water systems in WAC 246-290-020. The definition reads: "service connections used by year-round residents for one hundred eighty or more days within a calendar year". This is a subset of Department of Health's general definition of a service connection in WAC 246-290-010, i.e. a connection to a public water system serving both residential and non-residential populations. By contrast, the Municipal Water Law only considers residential service connections. 6. Ecology interprets the term "connection" in a manner consistent with Department of Health rules. This includes provisions for alternative means of calculating the number of connections for a Group A water system. This can include counting "equivalent residential units" within a building. The determination on number of residential units (connections) is done on a case -by -case basis. 7. In general, the following Group A water systems could be examples of municipal water suppliers because the statutory definitions are equivalent to those adopted in rule by the Department of Health: a city, subdivision, mobile home park, or water association. The decisions on whether systems hold water rights for municipal supply purposes depend on the particular factual situations. 8. Another difference between the statutory definition and Department of Health rules for Group A water systems is the statute does not include a definition for residential populations but Department of Health rules do. For example, under WAC 246-290-020, a water system can be classified as a Group A community system if it serves at least 25 residents for 180 or more days within a calendar year. This is regardless of the number of connections. A water right serving such a system would not be for municipal water supply purposes under this section because the statute does not contain an equivalent definition. There are stand-alone Group A community water systems that, under particular factual situations, may not be municipal water suppliers heranca of this rliff-n-nrP ThPCP timac of evetPmc rnnlrl inrhlrlP enmP rn11PaPe n»reinn homes, or other residential facilities. 9. The Municipal Water Law does not include a minimum service connection requirement for nonresidential connections. RCW 90.03.015(4)(a) defines a water right for municipal water supply purposes in terms of nonresidential populations (residential use of water for a nonresidential population of, on average, at least twenty-five people for at least sixty days a year). Therefore, this category includes some Group A non -community systems and excludes others, depending upon particular factual situations. 10. Ecology interprets the phrase "residential use of water for a nonresidential population" to mean that the full range of residential water uses (e.g. drinking, cooking, cleaning, sanitation) are provided under the water right. Further, such service is for temporary domiciles for non-residents (an average of 25 or more people living there for more than 60 days per year). Examples of Group A non -community systems that might hold water rights for municipal water supply purpose under this section under particular factual situations could include vacation homes and temporary farm worker housing. J:\DATA\WCP\414-065\PLAMWUCC FINAL REVIEW\APPENDIX 3.DOCX L! 516 Appendix 3 — Department of Ecology Municipal Water Law Interpretive and Policy Statement 11. The following Group A non -community systems would not typically hold rights under RCW 90.03.015(4)(a) for municipal water supply purposes under the residential water use for a non-resident population definition: o schools, o daycares, o churches, o campgrounds, o fairgrounds, o restaurants, o businesses, and o factories. Actual determination of whether such systems hold water rights for municipal supply purposes will depend upon the particular factual situations. 12. Group B water systems are also defined in WAC 246-290-020 and are public water systems smaller than Group A systems, either in terms of connections or population. Water rights serving Group B water systems do not qualify as water rights for municipal water supply purposes under RCW 90.03.015(4)(a). RCW 90.03.015(4)(b) Governmental Entities and Governmental Purposes. Defines water rights for municipal water supply purposes for a specific group of governmental entities. 1. The governmental entities listed in this subsection constitute an exclusive list. Those entities are: o cities, o towns, o public utility districts, o counties, o sewer districts, or o water districts. If an entity is not on the list, it is not a municipal water supplier for the purpose of this subsection. For example, neither a port district nor an irrigation district qualify as municipal water suppliers under RCW 90.03.015(4)(b). 2. Governmental and governmental proprietary purposes generally refer to those purposes listed at the end of RCW 90.03.015(4), including, but not limited to: o commercial, o industrial, o irrigation of parks and open spaces, o institutional, o landscaping, o fire flow, o water system maintenance and repair, or o related purposes. J:\DATA\WCP\414-065\PLAN\WUCC FINAL REVIEWWPPENDIX 3.DOCX 5 517 Appendix 3 — Department of Ecology Municipal Water Lave Interpretive and Policy Statement 3. A governmental or non -governmental entity not qualifying as a municipal water supplier under this subsection (e.g. a port district or irrigation district) may qualify under another subsection of RCW 90.03.015. However, domestic use rights issued to or acquired by a city, town, public utility district, county, sewer district, or water district that do not qualify as municipal under the more specific requirements of RCW 90.03.015(4)(a) cannot qualify under the more general "governmental or governmental proprietary purposes" standard of RCW 90.03.015(b). 4. When considering whether a water right qualifies for a governmental purpose under this section (e.g. irrigation of parks), Ecology considers the entity that was originally issued the water right, as well as the current owner of the right. For example, i_f a water right was issued for irrigation of parks (car another governmental purpose) to a "governmental entity", then the right is for a municipal water supply purpose. However, if the same right were issued to a non -governmental entity (e.g. a private developer) and later acquired by a "governmental entity", then the right would need to be changed to municipal water supply purposes under RCW 90.03.380. The right as issued did not then qualify as a municipal water supply purpose water right. 5. Municipal water rights held by entities listed in RCW 90.03.015(4)(b) may include agricultural irrigation as a governmental purpose under an existing municipal water supply purpose water right, if such an entity has statutory authority to provide agricultural irrigation water and the entity has used the right, at least in part, for agricultural irrigation since the time the right was issued. RCW 90.03.260(4) & (5) Applications — Numbers of Connections and Population. These subsections provide that the maximum population or number of connections specified on an application or any subsequent water right documents for a municipal water supply right is no longer a limitation of the water right. The municipal water supplier must have an approved water system plan or an approval from the Department of Health to serve a specified number of service connections to not be subject to the lama. These s'ubseVtlons do not relate to water rigiit�i documented by statements of water right claims. 1. If a water system serving 15 or more existing residential service connections has a water right for community or multiple domestic supply, and the number of connections has been authorized by the Department of Health, the water right is for municipal water supply purposes and any population or connection limitations that may appear in water right documents are not limiting. Rather, the maximum instantaneous quantity (Qi) and annual quantity (Q,) are the controlling numbers. 2. If a water system serving less than 15 existing residential service connections has a water right that issued for a project proposing more than 15 residential service connections, and any number of connections specified on the application or any subsequent water right documents is 15 or greater, then such a water right may be conformed as a right for municipal water supply purposes under RCW 90.03.560. This conformance must follow actual physical service to at least 15 residential service connections. 3. If a water system serving less than 15 existing residential service connections has a water right that issued for a project proposing fewer than 15 residential service connections, and any J:\DATA\WCP414-065\PLANWUCC FINAL REMEW APPENDIX 3.DOCX 6 518 Appendix 3 — Department of Ecology Municipal Water Law Interpretive and Policy Statement number of connections specified on the application or any subsequent water right documents is 14 or less, then the number of connections specified on the application or any subsequent water right documents is a limitation on the water right'. Only a sufficient quantity of water necessary to serve those connections is authorized. 4. If a water system that qualifies as a municipal water supplier under RCW 90.03.015(3) physically consolidates another water system into its distribution system, or takes ownership of another water system and acquires a community or multiple domestic supply water right that was held by the acquired water system for a project proposing fewer than 15 residential service connections, then the number of connections specified on the application or any subsequent water right documents of the acquired system is not limiting, so long as the municipal water supplier receives a water system plan or other approval from the Department of Health to serve an authorized number of connections. 5. If a water system is providing water for residential use to a nonresidential population numbering less than an average of 25 people for sixty or more days per year, under a water right issued for a project proposing residential use of water to a nonresidential population for an average of greater than 25 people for sixty or more days per year, then such a water right may be conformed as a right for municipal water supply purposes under RCW 90.03.560 following actual service to an average of 25 or more people for sixty or more days per year. 6. If a water system is providing water for residential use to a nonresidential population numbering less than an average of 25 people for sixty or more days per year, under a water right issued for a project proposing residential use to a nonresidential population for an average of less than 25 people for sixty or more days per year, then the population intended to be served by the water right is a limitation on the water right and only a sufficient quantity of water necessary to serve that population is authorized. RCW 90.03.330(2) Appropriation Procedure — Water Right Certificate: Exceptions to Prohibition of Revocation or Diminishment of a Municipal Water Supply Purpose Water Right. This section provides that Ecology may not revoke or diminish a water right for municipal water supply purposes documented by a certificate covered under RCW 90.03.330(3) except: o when issuing certificates under RCW 90.03.240, o issuing certificates following changes, transfers, or amendments under RCW 90.03.380 or 90.44.100, or o if Ecology determines a certificate was issued with ministerial errors or obtained through misrepresentation. 1. Apart from the exceptions listed in this section, Ecology cannot rescind or diminish a certificate for municipal water supply purposes and/or revert a certificate to permit status. 1 "Such a water right does not qualify as a right for municipal supply purposes. Changing the purpose of use of such a water right to municipal supply purposes would require approval of an application to change the purpose of use of the right, which, under RCW 90.44.100, is not permissible for an unperfected inchoate groundwater right." J:\DATA\WCP414-065\PLAN\WUCC FINAL REVIEWWPPENDIX 3.DCCX 519 Appendix 3 — Department of Ecology Municipal Water Caron Interpretive and Policy Statement 2. A certificate for municipal water supply purposes may be revoked or diminished if the revocation or diminishment results from a general adjudication of water rights in superior court conducted pursuant to RCW 90.03.110 - 245. 3. When processing an application for change, transfer, or amendment of a water right documented by a certificate covered under RCW 90.03.330(3), Ecology may revoke the GertiliGate; or issue a certificate for a [�lit�aiifty iess Than that on the original cP1tifiCate. Revocation or diminishment may occur based on: o the tentative determination of validity and extent of the water right, o to prevent impairment of other existing water rights, or o to prevent detriment to the public welfare (for grou_n_d water changes under RCW 90.44.100). [See RCW 90.03.330(3), below, for discussion relating to tentative determination of validity and extent.] 4. Upon determining that a certificate for municipal water supply purposes has been issued with ministerial errors, Ecology may revoke the certificate and issue a superseding certificate containing modifications only to the extent necessary to correct the ministerial errors. 5. Upon determining that a certificate for municipal water supply purposes has been issued through misrepresentation, Ecology may revoke the certificate and issue a superseding certificate containing modifications only to the extent necessary to correct the misrepresentation. RCW 90.03.330(3) Appropriation Procedure — Water Right Certificates. This subsection provides that water rights for municipal water supply purposes documented by certificates issued prior to September 9, 2003 with maximum quantities based on system capacity (known as "pumps and pipes" certificates) are "rights in good standing." "Pumps and pipes" certificates were issued based on the system capacity measure, rather than on the basis of actual beneficial use. These water rights include inchoate quantities that have not yet been exercised. See Department of Ecology v. Theodoratus, 135 Wn.2d 582, 957 P.2d 1241 (1998). Such rights may continue to be exercised to serve new growth. Ecology is not authorized to revoke or diminish water rights for municipal supply purposes documented by such "pumps and pipes" certificates, except under the circumstances set forth in RCW 90.03.330(2), discussed above. 2. RCW 90.44.100 authorizes changes of points of withdrawal and places of use for inchoate ground water rights. In the context of exceptions provided under RCW 90.03.330(2), such as when a conservancy board or Ecology evaluates an application for change or transfer of a water right documented by a "pumps and pipes" certificate and must perform a tentative determination of the validity and extent of the water right, an assessment must be performed to determine whether any of the inchoate quantity specified in the certificate remains valid. This requirement is based on the proposition that by including the term "in good standing" for such certificates, the Legislature intended that holders of such rights would still have to meet other water law principles, such as reasonable diligence in project development, to keep the rights in good standing. J:\DATA\WCP1414-065\P1-AMWUCC FINAL REVIEWWPPENDIX 3.DOCX 520 Appendix 3 — Department of Ecology Municipal Water Law Interpretive and Policy Statement In assessments under RCW 90.03.330(2), to determine if inchoate quantities remain in good standing, the conservancy boards and Ecology will consider at least the following parameters: a. The original intent described in water right documents, including the nature of the project that the applicant sought to pursue through issuance of the permit; b. Whether the water right holder has exercised reasonable diligence to complete the project sought to be developed through the water right2, and c. Whether or not approval of the change would be contrary to the public interest. Public interest analysis can involve consideration of whether the proposed change or transfer is speculative in nature. As an example, evidence of speculation could be no continued involvement by the selling municipal water supplier in the water use served by the receiving entity. Additional evidence could be no discussion or rationale for the transfer indicated in planning documents, such as a water system plan. Inchoate portions of water rights for municipal supply purposes found to be in good standing through this assessment (mentioned above), are eligible for change or transfer. This approach may, among other things, allow for the inchoate portion to be transferred to another municipal water supplier or integrated into a regional water system. For inchoate surface water rights, the additional requirements in RCW 90.03.570 must be met before changes and transfers may be approved. Further, RCW 90.03.380 and 90.44.100 authorize changes and transfers of perfected surface and ground water rights for municipal supply purposes when the criteria of those statutes are met. RCW 90.03.330(4) Issuance of Certificates — Beneficial Use Requirement. This section requires that for water rights represented by permits, after September 9, 2003, water right certificates may only be issued that document maximum quantities based on actual beneficial use of water. 1. Ecology will issue certificates, upon proof of appropriation by permit holders, based only on actual beneficial use of water, rather than system capacity. Such certificates will not include quantities of inchoate water. 2. Ecology will consider a permit holder's request to split a partially developed permit by issuing a certificate for the developed portion and issuing a superseding permit for the inchoate portion with a development schedule. The permit holder must demonstrate reasonable diligence in working toward full development. 3. In reports of examination authorizing changes and transfers of water rights for municipal supply purposes, Ecology may specify development schedules. The schedule may include an estimated date of final development. Extensions may be granted as described in Ecology Policy POL-1050. Upon completion of development, Ecology will issue superseding water right certificates. 2 RCW 90.03.320 provides guidance on factors to consider when evaluating whether a water right permittee has exercised reasonable diligence. J:\DATA\WCP\414-065\PLAMWUCC FINAL REVIEWWPPENDIX 3.DOCX 521 Appendix 3 — Department of Ecology Municipal Water Law Pnterpretive and Policy Statement RCW 90.03.386(d) Coordination between Department of Health and Department of Ecology. This section requires coordinated review and approval procedures to ensure compliance and consistency with water system plans/small water system management programs. Ecology and the Department of Health developed a Memorandum of Understanding (MOU) to outline the agencies' roles and responsibilities. 1t1.p.// WbVw.cl: �_ Gy/pr Gwl arCls/ Wl%Y'1 �C1LS%lffla eS/pQl/.71 gYleC1LVHMV UJ 1 V7.pQf RCW 90.03.386(2) Place of Use and Determinations of "Not Inconsistent" with Specified Local Plans. This section provides that a municipal water supplier's authorized place of use on its water right or rights can change to its current service area, provided that: o a planning or engineering document describing the service area has been approved by the Department of Health; o the municipal water supplier is in compliance with the terms of its water system plan or small water system management program; and o the alteration of the water right place of use is "not inconsistent" with other local planning documents (see section 5(2) of Municipal Water Law Agency Responsibilities Outline - June 23, 2006 created by DOH and Ecology relating to implementation of this section ht!p://www.ecy.wa.gov/programs/wr/rights/Images/Tdf/mwl 62306 agncyrespons fnldrft.pdf Ecology and the Department of Health included detailed implementation and coordination information from this document into an MOU that outlines the agencies' roles and tasks. http://www.cey.wa.gov/proffams/wr/ri ts/Images/pdf/SignedDOHMOU5107.pdf RCW 90.03.386(3) Water Conservation as a Part of an Approved Water System Plan/Small Water System Management Program. This section describes the responsibility for a municipal water supplier to implement a water use efficiency/water conservation program. It directs Ecology to consider such implementation when considering development schedules for municipal water supply rights. I. Ecology supports the Department of Health's rule on water use efficiency/water conservation for municipal water suppliers. Ecology generally intends to be consistent with the Department of Health's water conservation requirements, but believes there may be exceptions when more stringent requirements may be necessary. 2. Ecology has statutory mandates to encourage conservation and eliminate waste. In some cases, Ecology may base water allocation decisions on conservation criteria more stringent than those in the Department of Health's rule. Such instances may include, but are not limited to: o evaluations of applications for water right permits under RCW 90.03.290, o waste of water determinations under RCW 90.03.005, o coordination with watershed planning efforts under Chapters 90.54 and 90.82 RCW, o drought permitting under Chapter 43.8313 RCW, o general adjudications of water rights, or o settlements of administrative appeals and court cases. J:\DATA\WCP1414-065\PLAMWUCC FINAL REMEWAPPENDIX 3.DOCX 10 522 Appendix 3 — Department of Ecology Municipal Water Law Interpretive and Policy Statement Many factors could come into play when making the determination for more stringent conservation requirements. Ecology will address these instances on a case -by -case basis. For example, Ecology could require more stringent conservation measures when issuing a new water right permit authorizing a withdrawal from a watershed with instream flows established by rule. In its decision, Ecology could determine that water is not available, or that it would impair other existing water rights or be contrary to the public interest, to allow water use at a level that would be allowed under the DOH rule. With proper mitigation and a requirement to conserve additional water over what the DOH rule might require, Ecology could be able to approve the application and issue a permit. 3. In its review of water system plans and related documents, Ecology might comment on those areas within its jurisdiction, including those listed above in number 2. 4. When Ecology believes it must be more stringent than DOH's water use efficiency rules, Ecology will consult with DOH before imposing more stringent conditions. 5. Ecology policy POL-1050 provides guidance on the agency's criteria for extending development schedules for all water rights, including those for municipal water supply purpose. Under this policy, Ecology may require additional conservation provisions and conditions at the time of a permit extension for a municipal, water supply purpose right. See the policy at: http://www.ecy.wa.gov/programs/wr/rules/images/pdf/pol1050r.pdf RCW 90.03.550 Municipal Water Supply Purposes — Beneficial Uses. 1. Beneficial uses of water under a municipal water supply purposes water right may include water withdrawn or diverted under such a right and used for: o Uses that benefit fish and wildlife, water quality, or other instream resources or related habitat values; o Uses that are needed to implement environmental obligations called for by: • a watershed plan under Ch. 90.54 RCW or Ch. 90.82 RCW, • a federal habitat conservation plan, • a hydropower license of the federal energy regulatory commission, or • a comprehensive irrigation district management plan. RCW 90.03.560 Municipal Water Supply Purposes — Identification. "Conforming Documents" and Municipal Water Right Changes and Transfers. Water rights meeting the definition under RCW 90.03.015 are for municipal water supply purposes. The water right documents can be conformed to correctly identify the purpose of use. 1. A "conformed water right" is one in which water right documents have been amended by the department to properly indicate it is for municipal water supply purposes. For a qualifying right, this can occur during the process of changing some other attribute of the water right under RCW 90.03.380 or 90.44.100. This can also occur when a municipal water supplier requests a correction of the listed purpose of use, pursuant to this section and not just during a change or transfer. JIDATAMM414-OMPLAMWUCC FINAL REVIEWAPPENDIX 3.DOCX 11 523 Appendix 3 - Department of Ecology Municipal Water Law Interpretive and Policy Statement 2. Purposes of use that can be conformed to a municipal water supply purpose generally include those identified rn RCW 90.03.015 and RCW 90.03.550. 3. A municipal water supplier can hold or acquire water rights for non -municipal purposes (e.g. agricultural irrigation and daily purposes of use). However, these rights may not be conformed to a municipal water supply purpose of use under this section. They must undergo a purpose of use change under RCW 90.03.380 to become municipal purpose rights. Lip Mara Bellon Program Manager Water Resources Program Special Note: These policies and procedures are used to guide and ensure consistency among water resources program staff in the administration of laws and regulations. These policies and procedures are not formal administrative regulations that have been adopted through a rule -making process. In some cases, the policies may not reflect subsequent changes in statutory law or judicial findings, but they are indicative of the department's practices and interpretations of laws and regulations at the time they are adopted. If you have any questions regarding a policy or procedure, please contact the department. JADATA\WCP1414-065\PLAMWUCC FINAL REVIENMPPENDIX 3.DOCX 12 524 Appendix 4 - Excerpts from DOH Regulations Related to Public Water Systems 525 THIS PAGE INTENTIONALLY LEFT BLANK 526 Appendix 4 — Excerpts from DOH Regulations Related to Public Water Systems WAC 246-290-496 Metering requirements. (1) Production: (a) The volume of water produced or purchased must be measured using a source meter or other meter installed upstream of the distribution system. (b) The requirements of this section do not alter any source metering regulations adopted by either the department of health or the department of ecology. (c) The requirements of this section do not apply to volumes of water delivered to a public water system through an emergency intertie. (2) Consumption: (a) The requirements of this section apply to public water systems that supply water for municipal water supply purposes. (b) Except as provided in (g) of this subsection, the volume of water delivered to consumers must be measured by meters installed on all direct service connections. (c) Meters must be installed on all existing direct service connections and clustered entities as provided in (g) of this subsection within ten years of the effective date of this rule. (d) Meters must be installed on all new direct service connections when the service connection is activated. (e) Meters must be installed on all interties used as permanent or seasonal sources within ten years of the effective date of this rule. (f) If a system is not fully metered, the municipal water supplier shall complete the following: (i) Develop a meter installation schedule consistent with this section. (A) For systems serving one thousand or more total connections, submit the schedule to the department by July 1, 2008. (B) For systems serving less than one thousand total connections, submit the schedule to the department by July 1, 2009. (C) The schedule must include milestones demonstrating steady and continuous progress toward compliance with the requirements of this section. (ii) Implement activities to ensure distribution system leakage is minimized (e.g., periodic leak detection and repair) until the system is fully metered. (iii) Report the status of meter installation and all actions taken to minimize leakage in annual performance reports developed under WAC 246-290-840 and water use efficiency programs developed under WAC 246-290-810. J:\DATA\WCP1414-065PLAMWUCC FINAL REVIEWIAPPENDIX 4.DOCX 527 Appendix 4 - Excerpts from ®OH regulations Related to Public Water Systems (g) The volume of water may be measured through a single meter for the following clustered entities: (i) A campground; (ii) A recreational vehicle park; (iii) A designated mobile home park; (iv) A building with multiple units; and (v) A complex with multiple buildings served as a single connection. (3) Meters must be selected, installed, operated, calibrated, and maintained following generally accepted industry standards and information from the manufacturer. [Statutory Authority: RCW 70.119A.180. WSR 07-02-025B, § 246-290-496, filed 12/22/06, effective 1/22/07.] WAC 246-290-800 Purpose and applicability. (1) The purpose of Part 8 is to: (a) Define requirements for water use efficiency programs in water system plans developed under WAC 246-290-100 and small water systems management programs developed under WAC 246-290-105. (b) Establish a water distribution system leakage standard. (c) Define process requirements for water use efficiency goal setting. (d) Establish water use efficiency performance reporting requirements. (2) The requirements of Part 8 of this chapter apply to public water systems that supply water for municipal water supply purposes. [Statutory Authority: RCW 70.119A.180. WSR 07-02-025B, § 246-290-800, filed 12/22/06, effective 1/22/07.] WAC 246-290-810 Water use efficiency program. (1) Water system plans and small water system management programs submitted for approval for the first year after the effective date of this rule, must describe the municipal water supplier's existing water use efficiency program. The municipal water supplier must continue existing levels of water use efficiency. (2) Subsections (3) and (4) of this section apply to: (a) Water system plans submitted to the department for approval under WAC 246-290-100 one year after the effective date of this rule. J:\DATA\WCP\414-065\PLAMWUCC FINAL REVIEWAPPENDIX 4.DOCX 528 Appendix 4 — Excerpts from DOH Regulations Related to Public Water Systems (b) Small water system management programs developed and implemented or submitted to the department for approval one year after the effective date of this rule. (3) Municipal water suppliers shall develop and implement a water use efficiency program which includes sufficient cost-effective water use efficiency measures to meet the water use efficiency goals developed under WAC 246-290-830. (4) Municipal water suppliers shall complete the following items in the water use efficiency program: (a) Describe the current water use efficiency program; (b) For systems serving one thousand or more total connections, estimate the amount of water saved through implementation of the water use efficiency program over the last six years; (c) Describe the chosen water use efficiency goals and document the goals were established in accordance with WAC 246-290-830; (d) Evaluate water use efficiency measures to determine if they are cost-effective as follows: (i) Evaluate or implement, at a minimum, the number of water use efficiency measures specified in Table 1 based on the system's total number of connections. (ii) Evaluate or implement water use efficiency measures from the following categories of measures if they are applicable: Indoor residential, outdoor, and industrial/commercial/institutional. (iii) For systems serving less than one thousand total connections, describe the evaluation process used to select water use efficiency measures. (iv) For systems serving one thousand or more total connections, include the following criteria when evaluating water use efficiency measures: (A) Quantitatively evaluate water use efficiency measures to determine if they are cost-effective from the system's perspective including the marginal costs of producing water. (B) Address whether the water use efficiency measures are cost-effective if the costs are shared with other entities. (C) Quantitatively or qualitatively evaluate water use efficiency measures to determine if they are cost-effective from the societal perspective. Table 1 Number of Less than 1,000- 2,500- 10,000- 50,000 or connections 500 500-999 2,499 9,999 49,999 more Water use efficiency 1 4 5 6 9 12 measures (e) Describe all water use efficiency measures to be implemented within the next six years including a schedule and a budget that demonstrates how the water use efficiency measures will be funded; J:\DATA\WCP\414-065\PLAMWUCC FINAL REVIEWWPPENDIX 4.DCCX 529 Appendix 4 — Excerpts from DOH Regulations Related to public Water Systems (f) Describe how consumers will be educated on water use efficiency practices; (g) Estimate projected water savings from selected water use efficiency measures; (h) Describe how the water use efficiency program will be evaluated for effectiveness; (i) Evaluate water distribution system leakage as follows: /a T 1.. a L. �,. 1 t t.. �i 7 r o1 1 �nc�«de distribution system leakage totals s in accordance it�fi vyA . 246-29i�i-n�c.i�i for the past six years. (ii) If necessary, include a copy of the water loss control action plan in accordance with WAC 246-290-820(4). (iii) If all or portions of transmission lines are excluded when determining distribution system leakage, estimate the amount of leakage from the excluded portion of the transmission mains and describe how it is maintained to minimize leakage. [Statutory Authority: RCW 70.119A.180. WSR 07-02-025B, § 246-290-810, filed 12/22/06, effective 1/22/07.] WAC 246-290-820 Distribution system leakage standard. (1) Municipal water suppliers shall determine distribution system leakage annually under subsection (2) of this section or an alternative methodology under subsection (3) of this section. (a) Municipal water suppliers shall include (i), (ii), or (iii) of this subsection in water use efficiency performance reports developed under WAC 246-290-840 and water use efficiency programs developed under WAC 246-290-810: (i) Distribution system leakage totals calculated under subsection (2) of this section shall be recorded in annual percent and volume; (ii) Distribution _system leakage totals calculated under subsection (3) of this section shall include annual figures and the approved alternative methodology's numerical standard(s); and (iii) For systems not fully metered, the status of meter installation and any actions taken to minimize leakage. (b) Municipal water suppliers will be considered in compliance with this section if any of the following conditions are satisfied: (i) Distribution system leakage calculated in accordance with subsection (2) of this section is ten percent or less for the last three-year average; (ii) Distribution system leakage calculated under subsection (3) of this section meets the numerical standards for the approved alternative methodology for the last three-year average; (iii) For systems serving less than five hundred total connections, distribution system leakage calculated in accordance with subsection (2) of this section is twenty percent or less for the last three-year average and the steps outlined in subsection (5) of this section are completed; or J:\DATA\WCPW14-065\PLAMWUCC FINAL REVIEW APPENDIX 4.DOCX 4 530 Appendix 4 — Excerpts from DOH Regulations Related to Public Water Systems (iv) A water loss control action plan has been developed and implemented under subsection (4) of this section and the system is meeting the implementation schedule. (2) Calculate the percent of distribution system leakage annually using the following equation: DSL = [(TP - AC)/(TP)) x 100 Where: DSL = Percent of Distribution System Leakage (%) TP = Total Water Produced and Purchased AC = Authorized Consumption (a) Total water produced and purchased, and authorized consumption must be calculated using data from meters installed under WAC 246-290-496. Elements of authorized consumption that cannot be metered, such as fire flow, must be estimated. (b) All or portions of transmission lines may be excluded when determining distribution system leakage. (c) Any water that cannot be accounted for shall be considered distribution system leakage. (3) Municipal water suppliers may use an alternative methodology to calculate distribution system leakage if both (a) and (b) of this subsection are satisfied. (a) The alternative methodology is contained in published standards or specifications of the department, Environmental Protection Agency, American Water Works Association, American Public Works Association, or American Society of Civil Engineers. (b) The alternative methodology is approved for statewide use by the department, to provide a better evaluation of distribution system leakage than percent of total water produced and purchased, is appropriate for the system requesting to use it, and uses numerical standards so that compliance and action levels can be determined. (4) If the average distribution system leakage for the last three years does not meet the standard calculated under subsection (1)(b)(i), (ii), or (iii) of this section, the municipal water supplier shall develop and implement a water loss control action plan. Municipal water suppliers shall submit the water loss control action plan to the department as part of a water use efficiency program under WAC 246-290-810 and upon request by the department. The control methods described in a water loss control action plan shall be commensurate with the level of leakage reported. The following items shall be included in the water loss control action plan: (a) The control methods necessary to achieve compliance with the distribution system leakage standard; (b) An implementation schedule; (c) A budget that demonstrates how the control methods will be funded; J:\DATA\WCPW14-065\PLAN\WUCC FINAL REVIEWAPPENDIX 4.DOCX J 531 Appendix 4 - Excerpts from DOH Regulations Related to Public Water Systems (d) Any technical or economic concerns which may affect the system's ability to implement a program or comply with the standard including past efforts and investments to minimize leakage; (e) If the average distribution system leakage calculated under subsection (2) of this section is greater than ten and less than twenty percent of total water produced and purchased, the water loss control action plan must assess data accuracy and data collection; ii tic average U1 LI U, Lion system leakage calculated tinder subsection (2) of this sectiVll is between twenty and twenty-nine percent of total water produced and purchased, the water loss control action plan must include elements listed under (e) of this subsection and implementation of field activities such as actively repairing leaks or maintaining meters within twelve months of delennining standard exceedance; (g) If the average distribution system leakage calculated under subsection (2) of this section is at thirty percent or above the total water produced and purchased, the water loss control action plan must include elements listed under (e) and (f) of this subsection and include implementation of additional control methods to reduce leakage within six months of determining standard exceedance; and (h) If the average distribution system leakage calculated under subsection (3) of this section is over the approved alternative methodology's numerical standard, the department will take appropriate compliance actions and work collaboratively with the municipal water supplier to ensure the control methods and level of activity are commensurate with the level of leakage. (5) Systems serving less than five hundred total connections may submit a request to the department for approval of an average distribution system leakage up to twenty percent. The following information must be submitted to the department with the request: (a) Production volume; (b) Distribution system leakage volume; (c) Evidence documenting that: (i) A leak detection survey using best available technologies has been completed on the system within the past six years; (ii) All leaks found have been repaired; (iii) The system is unable to locate additional leaks; and (iv) Ongoing efforts to minimize leakage are included as part of the system's water use efficiency program; and (d) Any technical concerns or economic concerns, or other system characteristics justifying the higher distribution system leakage. [Statutory Authority: RCW 70.119A.180 and 43.20.050. WSR 08-03-061, § 246-290-820, filed 1/14/08, effective 2/14/08. Statutory Authority: RCW 70.119A.180. WSR 07-02-025B, § 246-290-820, filed 12/22/06, effective 1/22/07.] Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency. J:\0ATA\WCPk114-065\PLAMWUCC FINAL REMEWAPPENDIX 4.DOCX 532 Appendix 4 — Excerpts from DOH Regulations Related to Public Water Systems WAC 246-290-830 Water use efficiency goal setting. (1) The elected governing board or governing body of the public water system shall establish water use efficiency goals within one year of the effective date of this rule for systems serving one thousand or more total connections, and within two years of the effective date of this rule for systems serving less than one thousand total connections. (2) Water use efficiency goals must be designed to enhance the efficient use of water by the water system's consumers. (3) If a municipal water supplier determines that further reductions over current consumption levels are not reasonably achievable, the municipal water supplier shall provide justification that considers historic water use efficiency performance and investment and any other factors that support that determination. Justification must be provided in water use efficiency programs developed under WAC 246-290-810 and in water use efficiency performance reports developed under WAC 246-290-840. (4) Municipal water suppliers must provide documentation when requested by the department and in water use efficiency programs developed under WAC 246-290-810 that demonstrates the following goal setting requirements have been met: (a) Goals shall be set in a public forum that provides opportunity for consumers and the public to participate and comment on the water use efficiency goals; (b) Public notice must occur at least two weeks prior to the public forum. Public notice must include the purpose, date, time, and place of the forum, and where materials supporting the rationale for the proposed goals can be reviewed; (c) The elected governing board or governing body of the public water system shall review and consider all comments received; (d) The following must be made available to the public for the purpose of fully documenting the basis for each goal: (i) The information listed under WAC 246-290-810(4); (ii) Annual water use efficiency performance reports prepared under WAC 246-290-840; (iii) Water supply characteristics description in accordance with WAC 246-290-100 (4)(f)(iii)(B) or source description in accordance with WAC 246-290-105 (4)(f); and (iv) A summary of the comments received and how they were considered. (5) Existing public processes may be used if all requirements listed under subsection (4) of this section are met. (6) Water use efficiency goals must include: (a) Consideration of the system's forecasted demand and water supply characteristics; (b) Measurable outcomes in terms of reduced or maintained water production or usage. Outcomes may be expressed on a per capita, per connection, total system, or other basis as deemed appropriate by the municipal water supplier; J:\DATA\WCP1414-065\PLAMWUCC FINAL REVIEW\APPENDIX4.DOCX 7 Appendix 4 — Excerpts from DOH Regulations belated to Public Water Systems (c) A schedule for achieving the water use efficiency goals; and (d) Implementation schedule for each water use efficiency measure selected under WAC 246-290-810(4). (7) The elected governing board or governing body of the public water system shall evaluate and reestablish water use efficiency goals following the process identified in subsection (4) of this section at least every six years and as part of a water system plan approval under WAC 246-290-100 or small water system management program approval under WAC 246-290-105. (8) Water use efficiency goals may be changed at any time in accordance with subsection (4) of this section. Changes to goals must be identified in the next performance report. (9) Water use efficiency programs must be modified if any water use efficiency goal is not met. Program modifications must be designed to achieve the system's water use efficiency goals. [Statutory Authority: RCW 70.119A.180. WSR 08-12-019, § 246-290-830, filed 5/28/08, effective 7/1/08; WSR 07-02-0258, § 246-290-830, filed 12/22/06, effective 1/22/07.] WAC 246-290-840 Water use efficiency performance reports. (1) Municipal water suppliers shall develop an annual water use efficiency performance report and must: (a) Send the water use efficiency performance reports to the department and the consumers by July 1 st of each year for the previous year and make them available to the public; (b) For systems serving one thousand or more total connections, develop the first water use efficiency performance report by July 1, 2008; (c) For systems serving less than one thousand total connections, develop the first water use efficiency performance report by July 1, 2009; and (d) Municipal water suppliers shall submit performance reports in a manner specified by the department. (2) Water use efficiency performance reports shall include: (a) Total annual production. Systems with multiple sources may provide aggregate data; (b) Annual water distribution system leakage totals in accordance with WAC 246-290-820; (c) A description of the system's water use efficiency goals set in accordance with WAC 246-290-830; (d) A schedule for achieving the goals; (e) A narrative description of progress toward achieving the goals; and (f) Report the status of meter installation and all actions taken to minimize leakage. [Statutory Authority: RCW 70.119A.180. WSR 07-02-02513, § 246-290-840, filed 12/22/06, effective 1/22/07.] J:\DATA\WCP1414-065\PLAMWUCC FINAL REVIEW1APPENDIX4.DOCX 534 Appendix 5 - SEPA Checklist 535 THIS PAGE INTENTIONALLY LEFT BLANK 536 WHATCOM COUNTY 3.E. "Sam" Ryan Planning & Development Services Director 5280 Northwest Drive r Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax SEPA Distribution List SEP2016-00044 Date of Issuance: May 12, 2016 Please review this determination. If you have further comments, questions or would like a copy of the SEPA checklist, phone the responsible official at (360) 778-5900. Please submit your response by the comment date noted on the attached notice of determination. WA State Department of Archaeology and Historic Preservation via email Gretchen Kaehler, aretchen kaehler0dahp.wa.gov SEPA Unit, WA State Department of Ecology, Olympia via email seoaunit@ecy.wa.gov wa.gov WA State Department of Fish and Wildlife via email Joel Ingram, joel.ingram(cbdfw.wa.gov WA State Department of Natural Resources via email Rochelle Goss, sepacenter(a7dnr.wa.gov SEPA Unit, WA State Department of Transportation, Burlington via email Roland Storme, stormer(a?wsdot.wa.g_ov Ray McEwan, mcewanr@wsdot.wa.gov City of Bellingham Kurt Nabbefeld via email - knabbefeld@cob.org Brent Baldwin via email - bbaldwin@cob.org Clare Fogelsong via email - cfogelsong@cob.org City of Blaine Michael Jones, AICP via email mjones@cityofblaine.com City of Everson City of Ferndale Jori Burnett via email joriburnett@cityofferndale.org City of Nooksack City of Sumas Public Utility District Steve Jilk via email stevei(abpudwhatcom.org Lummi Nation Natural Resources Merle Jefferson, Sr. via email - merlej@lummi-nsn.gov Tamela Smart - tamelas@lummi-nsn.gov Nooksack Indian Tribe George Swanaset, JR via email - george.swanasetjr@nooksack-nsn.gov Trevor Delgado via email - tdelgado@nooksack-nsn.gov Terry J. Wechsler via email wechslerlaw@comcast.net Applicant Whatcom County Public Works - Gary Stoyka SEPA Distribution List Page 1 of 1 PL4-83-005D Rev July 2013 537 WHATCOM COUNTY J.E. "Sam" Ryan Planning & Development Services Director 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax SEPA Determination of Nonsignificance (DINS) File: SEP2016-00044 Project Description: Non -project action to adopt an updated Coordinated Water System Plan (CWSP) per RCW 70.116.030, Whatcom County has designated a critical water supply services area per RCW 70.116.030(2). The proposed CWSP updates prior planning efforts conducted in 1993 and 2000. A number of updates have been provided in the proposed CWSP, including the following: 1) identifies existing water systems within the study area, establishes ser vices area boundaries of these water purveyors and analyzes projected future growth in connections and water rights capacities; 2) updates minimum design standards and review procedures for services to new customers; 3) addresses regional water resource issues such as tribal water issues, water rights, financial viability of small systems, existing and potential water quality problems, data management, lack of joint facilities and system interties, water use efficiency and reclaimed water; 4) provides an appeals process; and 5) identifies implementation measures. Proponent: Whatcom County Public Works Address and Parcel #: All of Whatcom County west of the Mount Baker-Snoqualmie National Forest boundary excluding certain portions of the Lummi and Nooksack reservations. Lead Agency: Whatcom County Planning & Development Services Zoning: County -wide Comp Plan: County -wide Shoreline Jurisdiction: County -wide The lead agency for this proposal has determined that with proper mitigation, no significant adverse environmental impacts are likely. Pursuant to RCW 43.21C.030(2)(c), an environmental impact statement (FTS) is not renDireH. This rjecki�n was made following review of a completed SEPA environmental checklist and other information on file with the lead agency. This information is available to the public on request. There is no comment period for this DNS. X Pursuant to WAC 197-11-340(2), the lead agency will not act on this proposal for 14 days from the date of issuance indicated below. Comments must be received by 4:00 p.m. on May 26, 2016 and should be sent to: Mark Personius Responsible Official: Mark Personius, mpersoni@whatcomcounty.us Title: Assistant Director Telephone: 360-778-5900 Address: 5280 Northwest Drive Bellingham, WA 98226 Date of Issuance: May 12, 2016 Signature: SEPA Determination of Nonsignificance (DNS) PL4-83-005E Get �1/ Page 1 of 2 REV October 2012 538 An aggrieved agency or person may appeal this determination to the Whatcom County Hearing Examiner. Application for appeal must be filed on a form provided by and submitted to the Whatcom County Current Planning Division located at 5280 Northwest Drive, Bellingham, WA 98226, during the ten days following the comment period, concluding June 6, 2016. You should be prepared to make a specific factual objection. Contact Whatcom County Current Planning Division for information about the procedures for SEPA appeals. SEPA Determination of Nonsignificance (DNS) PI-4-83-005E Page 2 of 2 REV October 2012 539 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive �3 Bellingham, WA 98226-9097 360-778-5900,TfY 800-833-6384 360-778-5901 Fax SEPA Determination of Nonsignificance (DNS) Legal Notice To be published one time only on: May 12, 2016 CHARGE TO: Whatcom County Planning & Development Services 5280 Northwest Drive Bellingham, Washington 98226 Acct #451232 J.E. "Sam" Ryan Director WHATCOM COUNTY GIVES PUBLIC NOTICE THAT THE FOLLOWING SEPA THRESHOLD DETERMINATION OF NON -SIGNIFICANCE (DNS) HAS BEEN ISSUED TODAY SUBJECT TO THE 14 DAY COMMENT PERIOD CONCLUDING ON, May 26, 2016. File: SEP2016-00044 Project Description: Non -project action to adopt an updated Coordinated Water System Plan (CWSP) per RCW 70.116.030. Whatcom County has designated a critical water supply services area per RCW 70.116.030(2). The proposed CWSP updates prior planning efforts conducted in 1993 and 2000. A number of updates have been provided in the proposed CWSP, including the following: 1) identifies existing water systems within the study area, establishes services area boundaries of these water purveyors and analyzes projected future growth in connections and water rights capacities; 2) updates minimum design standards and review procedures for services to new customers; 3) addresses regional water resource issues such as tribal water issues, water rights, financial viability of small systems, existing and potential water quality problems, data management, lack of joint facilities and system interties, water use efficiency and reclaimed water; 4) provides an appeals process; and 5) identifies implementation measures. Proponent: Whatcom County Public Works Address and Parcel #: All of Whatcom County west of the Mount Baker-Snoqualmie National Forest boundary excluding certain portions of the Lummi and Nooksack reservations. Lead Agency: Whatcom County Planning & Development Services Zoning: County -wide Comp Plan: County -wide Shoreline Jurisdiction: County -wide ANY PERSON OR AGENCY MAY APPEAL THE COUNTY'S COMPLIANCE WITH WAC 197-11 BY FILING AN APPEAL WITH THE WHATCOM COUNTY CURRENT PLANNING DIVISION LOCATED AT 5280 NORTHWEST DRIVE, BELLINGHAM, WA 98226. APPEALS MUST BE MADE WITHIN 10 DAYS AFTER THE END OF THE COMMENT PERIOD. SEPA Legal Notice - Determination of Nonsignificance (DNS) Page 1 of 1 PL4-83-005F REV October 2012 540 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive, Bellingham, WA 98226-9097 360-778-5900,TTY 800-833-6384 360-778-5901 Fax Purpose of Checklist: Gam �Q ].E. "Sam" Ryan Director gmHiivo'� SEP 7wilw - Ode ��y SEPA Environmental Checklist Governmental agencies use this checklist to help determine whether the environmental impacts of your proposal are significant. This information is also helpful to determine if available avoidance, minimization or compensatory mitigation measures will address the probable significant impacts or if an environmental impact statement will be prepared to further analyze the proposal. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Please answer each question accurately and carefully, to the best of your knowledge. You may need to consult with an agency specialist or private consultant for some questions. You may use "not applicable" or "does not apply" only when you can explain why it does not apply and not when the answer is unknown. You may also attach or incorporate by reference additional studies reports. Complete and accurate answers to these questions often avoid delays with the SEPA process as well as later in the decision -making process. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact. Use of Checklist for Non -Project Proposals: For non -project proposals (such as ordinances, regulations, plans and programs), complete the applicable parts of sections A and B plus the Supplemental Sheet for Non -project Actions (Part Q. Please completely answer all questions that apply and note that the words "project", "applicant", and "property or site" should be read as "proposal", "proponent" and "affected geographic area", respectively. The lead agency may exclude (for non -projects) questions in Part B - Environmental Elements that do not contribute meaningfully to the analysis of the proposal. SEPA Environmental Checklist Form PL4-83-005A F Reviewed by initials Page 1 of 20 i Rev October 2015 541 Tu Be Completed By Applicant A Background 1 Name of proposed project, if applicable: Whatcom County Coordinated Water System Plan (CWSP) Update 2 Name of applicant: Whatcom, County Public Works Department Applicant phone number: 360-778-6218 Applicant address: 322 North Commercial Street, Suite 210 City, State, Zip or Postal Code: Bellingham, WA 98225 Applicant Email address: gstoyka@whatcomcounty.us Evaluation For Agency Use Only 3 Contact name: Gary Stoyka - Public Works Natural Resources Manager Contact phone number: 360-778-6218 Contact address: 322 North Commercial Street, Suite 210 } City, State, Zip or Postal Code: Bellingham, WA 98225 Contact Email address: gstoyka@whatcomcounty.us 4 Date checklist prepared: May 2016 S Agency requesting checklist: Whatcom Co. Planning and Development Services 6 Proposed timing or schedule (including phasing, if applicable): Periodic updates ,. Do you have any plans fir future add 'rtrvns, expansion, yr further actrvrty related to or connected with this proposal? Yes Q No If yes, explain: Yes, participating purveyors will update their respective comprehensive plans every five years. District plans will be updated for consistency with Lhis CWSP. Individual utilities will add new wells, reservoirs, and piping to their systems. 8 List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal: Extensive backgroupd studies have been performed as well as individual utility water system plans. 9 Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? Yes 0 No If yes, explain. Approval of individual Water System Plans. SEPA Environmental Checklist Form PL4-83-005A Reviewed by initials _'_� Paqe 2 of 20 Rev October 2015 542 To Be Completed By Applicant Evaluation For Agency Use Only 10 List any government approvals or permits that will be needed for your proposal, if known. County Council determination that the CWSP is consistent with County land use plans. Final approval by the Washington State Department of Health (DOH). 4 11 Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aSDects of vour DrODosaL You do not need to repeat those answers on thispage. (Lead agencies may modify this form to include additional specific information on project description.) This is a non-pro'ect acti n to adopt an updated Coordinated Water System Plan per RCW 70.116.030. Whatcom County has designated a critical water supply service area per RCW 70.116.030(2). The proposed CWSP updates prior planning efforts conducted in 1993 and 2000. A number of updates have been provided in the proposed CWSP, including the following: 1) identifies existing water systems within the study area, establishes service area boundaries of these water purveyors and analyzes projected future growth in connections and water rights capacities; 2) updates minimum design standards and review procedures for service to new customers; 3) addresses regional water resource issues such as tribal water issues, water rights, financial viability of small systems, existing and potential water quality problems, data management, lack of joint facilities and system interties, water use efficiency, and reclaimed water; 4) provides an appeals process; and 5) identifies implementation measures. 12 Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. All of Whatcom County west of the Mount Baker-Snoqualmie National Forest boundary excluding certain portions of theLummi and Nooksack reservations. (See Figure 1-1 in the CWSP document) SEPA Environmental Checklist Form PL4-83-005A Reviewed by initials 4 Page 3 of 20 Rev October 2015 543 To Be Completed By Applicant B Environmental Elements 1 Earth a. General description of the site; varies Fiat Rolling Hilly Steep Slopes Mountainous ❑ Other Evaluation For Agency Use Only b. What is the steepest slope on the site (approximate percent slope)? Varies c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any agricultural land of long-term commercial significance and whether the proposal results in removing any of these Sails. ,- Varies d. Are there surface indications or history of unstable soils in the immediate vicinity? Yes ❑ No ❑ If so, describe. N/A V e. Describe the purpose, type, total area, approximate quantities and total affected a ea of any filling excavation or grading proposed. N/A Indicate source of fill. N/A Indicate excavation material is going. N/A SEPA Environmental Checklist Form PL4-83-005A Reviewed by initials �-1 `'3 Page 4 of 20 Rev October 2015 544 To Be Completed By Applicant Evaluation For Agency Use Only f. Could erosion occur as a result of clearing, construction, or use? Yes ❑ No ❑ If so, generally describe. N/A g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? N/A h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any: N/A 2. Air a. What types of emissions to the air would result from the proposal during construction, operation and maintenance when the project is completed (i.e., dust, automobile, odors, or industrial wood smoke)? N/A If any, generally describe and give approximate quantities if known. N/A b. Are there any off -site sources of emissions or odor that may affect your proposal? Yes ❑ No ❑ If so, generally describe. N/A c. Proposed measures to reduce or control emissions or other impacts to air, if any: N/A SEPA Environmental Checklist Form PL4-83-005A Reviewed by initials Page 5 of 20 Rev October 2015 545 To Be Completed By Applicant 3. Water a. Surface: Evaluation For Agency Use Only (1) Is there any surface water body on or in the immediate vicinity of the site (including year-round a� d seasonal streams, saltwater, lakes, pones, `,r.etlands; Yes u No u If yes, describe type and provide names. If appropriate, state what stream orriverit flows into. N/A (2) Will the project require any work over in, or adjacent to (within 200 feet) the described waters? Yes 11 No ❑ If yes, plea.e describe and attach available plans. N/A (3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affectcd.N/A Indicate the source of fill material. N/A (4) Will the proposal re wire surface water withdrawals or diversions? Yes F./No F Not directly � result of adoption ^f the C SP v� r �.� u ,..w ., adop"on v s w. Give general description, purpose, and approximate quantities if known. Some existing purveyors currently divert surface water. Diversions may increase as population and need increases. However, any increased diversion would need to be consistent with the individual purveyor's Water System Plan and regulations. f Does the proposal lie within a 100-year floodplain? Yes ❑ No If so, note location on the site plan. N/A SEPA Environmental Checklist Form PL4-83-005A Reviewed by initials__ Page 6 of 20 Rev October 2015 546 To Be Completed By Applicant Evaluation For Agency Use Only (5) Does the proposal involve any discharges of waste materials to surface waters? Yes ❑ No ❑ If so, describe the kype of waste and anticipated volume of discharge N/A .."•-� b. Ground Water: (1) Will ground water be withdrawn from well for drinking water or other purposes? Yes ✓ No If so, give a general description of the well, proposed uses and approximate quantities withdrawn from the well. Will water be discharged to groundwater? Give general description, purpose, and approximate quantities if known. Some existing purveyors currently withdraw groundwater in the area. Groundwater withdrawal may increase as population and need increases. however, any increased withdrawal would need to be consistent with the individual purveyor's Water System Plan and applicable regulations. (2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals.....; agricultural; etc.). Describe the general size of the system, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve. N/A c. Water runoff (including stormwater): (1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). N/A SEPA Environmental Checklist Form PL4-83-005A Reviewed by initials' Page 7 of 20 Rev October 2015 547 To Be Completed By Applicant Evaluation For Agcncy Usc Only Where will this water flow? N/A'~' Will this water flow into other waters? Yes ❑ No If so, describe. N/A (2) Could waste materials enter ground or surface waters? Yes n No 0 If so, generally describe. N/A (3) Does the proposal alter or otherwise affect drainage patterns in the vicinity of the site: Yes n No 0 If so, describe. N/A d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any: N/A VZ HIM FTIM a. Check types of vegetation found on the site: Q Deciduous tree: alder, maple, aspen, other © Evergreen tree: fir, cedar, pine, other Shrubs © Grass Pasture Crop or grain ❑,/ Orchards, vineyards or other permanent crops �✓ Wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other Water plants: water lily, eelgrass, milfoil, other Q Other types of vegetation SEPA Environmental Checklist Form PL4-83-005A Reviewed by initials Page 8 of 20 Rev October 2015 To Be Completed Evaluation For By Applicant Agency Use Only b. What kind and amount of vegetation will be removed or altered? N/A c. List threatened or endangered species known to be on or near the site. N/A d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any: N/A e. List all noxious weeds and invasive species known to be on or near the site. N/A 5. Animals a. Check any birds and animals, which have been observed on or near the site or are known to be on or near the site: Birds: ✓ Hawk, Heron, ✓ Eagle, 0 Songbirds; Other: Mammals: ✓ Deer, 8 Bear, ✓ Elk, ✓ Beaver; ✓ Other: fish.: ✓ Bass, ✓ Salmon, ✓ Trout, ✓ Herring, ✓ Shellfish; ✓ Other: b. List any thre tened or endangered species known to be on or near the site. N/A SEPA Environmental Checklist Form PL4-83-005A Reviewed by initials J Page 9 of 20 Rev October 2015 549 To Be Cumpleled By Applicant Evaluation For Agency Use Only c. Is the site part of a migration route? Yes No ❑ If so, explain. N/A -� d. Proposed measures to preserve or enhance wildlife, if any: N/A r " e. List any invasive species known to be on or near site. N/A } 6. Energy and Natural Resources a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc. N/A b. Would your project affect the Dotential use of solar energy by adjacent properties? Yes ❑ No 7 If so, generally describe. N/A ✓'� c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any: N/A'' 7. Environmental Health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? Yes ❑ No ❑ If so, describe. N/A -` (1) Describe any known or possible contamination at the site from present or past uses. N/A SEPA Environmental Checklist Form PL4-83-005A Reviewed by initials ......_.. . Page 10 of 20 Rev October 2015 550 To Be Completed By Applicant Evaluation For Agency Use Only (2) Describe existing hazardous chemicals/conditions that might affect project development and design. This includes underground hazardous liquid and gas transmission pipelines located within the project area and in the vicinity. N/A (3) Describe any toxic or hazardous chemicals that might be stored, used, or produced during the projects development or construction, or at any time during the operating life of the project. N/A (4) Describe special emergency services that might be required. N/A (5) Proposed measure to reduce or control environmental health hazards, if any: N/A • l• (1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)? N/A (2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site. N/A ✓' �, (3) Proposed measures to reduce or control noise impacts, if any: N/A LY' SEPA Environmental Checklist Form PL4-83-005A Reviewed by initials Page 11 of 20 Rev October 2015 551 I Be Completed Evaluation For By Applicant Agency Use Only S Land and Shoreline Use a. What is the current use of the site and adjacent properties? Varies - Will the proposal affect current land uses on nearby_ or adjacent properties? Yes U No (� If so, describe. N/A �w b. Has the pro'ect site been used as working farmlands or working forest lands? YesNo ❑ If so, describe. N/A How much agriculture or forest land of long-term commercial significance will be converted to other uses as a result of the proposal, if any? N/A If resource lands have not been designated, how many acres in farmland or forest land tax status will be converted to non -farm or non -forest use? N/A (1) Will the proposal affect or be affected by surrounding working farm or forest land normal business operations, such as oversize equipment access, the application of pesticides, tilling and harvesting? Yes NoFJ If so, how: N/A c. Describe any structures on the site. Varies SEPA Environmental Checklist Form PL4-83-005A Reviewed by initials Page 12 of 20 Rev October2015 552 To Be Completed Evaluation For By Applicant Agency Use Only d. Will any structures be demolished? Yes ❑ No If so, what? N/A e. What is the current zoning classification of the site? Varies f. What is the current comprehensive plan designation of the site? Varies but the update of the CWSSPhas been coordinated with the County's update of its Comprehensive Plan. g. If applicable, what is the current shoreline master program designation of the site? Varies h. Has any part of the site been classified as a critical area by the city or county? Yes n No ❑ If so, specify. N/A i. Approximately how many people would reside or work in the completed project? N/A j. Approximately how many people would the completed project displace? N/A k. Proposed measures to avoid or reduce displacement impacts, if any: N/A I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any: Existing and projected land uses and plans will be followed and the CWSP update has been coordinated with the County's update of its Comprehensive Plan. m. Proposed measures to ensure the proposal is compatible with nearby agricultural and forest lands of long-term commercial significance, if any? N/A SEPA Environmental Checklist Form PL4-83-005A Reviewed by initials Page 13 of 20 Rev October 2015 553 To Be Completed By Applicant 9 Housing Evaluation For Agency Use Only a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing. ❑ High Number of Units N/A ❑; yid dle ❑ Low-income b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing. ❑ High Number of Units N/A HMiddle Low-income c. Proposed measures to reduce or control housing impacts, if any: N/A 10 Aesthetics a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed? N/A - b. What views in the immediate vicinity would be altered or obstructed? N/A c. Proposed measures to reduce or control aesthetic impacts, if any: N/A 11 Light and Glare a. What type of light or glare will the proposal produce? What time of day would it in occur? N/A t b. Could light or glare from the finished project be a safety hazard or interfere with views? N/A SEPA Environmental Checklist Form PL4-83-005A Reviewed by initials' Page 14 of 20 Rev October 2015 554 To Be Completed By Applicant Evaluation For Agency Use Only c. What existing off -site sources of light or glare may affect your proposal? N/A d. Proposed measures to reduce or control light and glare impacts, if any: 12 Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? N/A I,,"' b. Would the proposed project displace any existing recreational uses? If so, describe. N/A� .y c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any: 13 Historic and Cultural Preservation a. Are there any buildings, structures, or sites, located on or near the site that are over 45 years old listed in or eligible for listing in national, state or local preservation registers located on or near the site? Yes ❑ No 0 If so, specifically describe. N/A � b. Are there any landmarks, features, or other evidence of Indian, historic use or occu ation, this may include human burials or old cemeteries? Yes ❑ No Are there any material evidence, artifacts, or areas of cultural importance on or near the site? Yes ❑ No ❑ Please list any professional studies conducted at the site to identify such resources. N/A '`~.. SEPA Environmental Checklist Form PL4-83-005A �h Reviewed by initials Page 15 of 20 Rev October 2015 555 To Be Completed By Applicant Evaluation For Agency use Only c. Describe the methods used to assess the potential impacts to cultural and historic resources on or near the project site. Examples: Include consultation with tribes and the Department of Archeology and Historic Preservation, archaeological surveys, historic maps, GIS data, etc. N/A d. Proposed measures to avoid, minimize, or compensate for loss, changes to, and disturbance to resources. Please include plans for the above and any permits that may be required. N/A 111 M 14 Transportation a. Identify public streets and highways serving the site or affected geographic area and describe proposed access to the existing street system. Shark -on site plan, if any. N/A .% b. Is site or geographic area currently served by public transit? Yes n No F If not, what is the approximate distance to the nearest transit stop? N/A How many parking spaces would the completed project have? How many would the project eliminate? N/A d. Will the proposal require any new or improvements to existing roads, streets, pedestrian bicycle or state transportation facilities, not including driveways? Yes [] No[] If so, generally describe (indicate whether public or private). N/A SEPA Environmental Checklist Form PL4-83-005A Reviewed by initials Page 16 of 20 Rev October2015 556 To Be Completed Evaluation For By Applicant Agency Use Only e. Will the project use (or occur in the immediate vicinity of) Water, Rail, or Air transportation? If so, generally describe. N/A x f. How many vehicular trips per day would be generated by the completed project or proposal? If known, indicate when peak volumes would occur and what percentage of the volume would be trucks (such as commercial and non -passenger vehicles). What data or transportation models were used to make these estimates? N/A g. Proposed measures to reduce or control transportation impacts, if any: N/A 15 Public Services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? ❑ Yes No If so, generally describe. N/A b. Proposed measures to reduce or control direct impacts on public services, if any. N/A 16 Utilities a. Check utilities currently available at the site: ❑✓ Electricity, Q Natural gas, ✓ Water, ✓❑ Refuse service, Telephone, ✓ Sanitary sewer,-'" ✓ Septic system, ❑✓ Other Reviewed by initials N SEPA Environmental Checklist Page 17 of 20 Form P14-83-005A Rev October2015 557 to Be Completed By Applicant Evaluation For Agency Use Only b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed. N/A Signature The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. Signature: ..m- Date Submitted:�4%�' FOR OFFICE USE ONLY Reviewe .y'Whatcom County Planning & Development Services Staff f c Staff Signature SEPA Environmental Checklist Form PL4-83-005A Date/ Reviewed by initials Page 18 of 20 Rev October 2015 558 To Be Completed Evaluation For By Applicant Agency Use Only C Supplemental Sheet for Non -project Actions (It is not necessary to use this sheet for project actions) Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment. When answering these questions, be aware of the extent the proposal or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1 How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise? N/A Proposed measures to avoid or reduce such increases are: N/A 2. How would the proposal be likely to affect plants, animals, fish, or marine life? Additional groundwater use authorized by the WDOH and WDOE to accommodate future growth may have an impact on surface water stream flows in continuity with groundwater L-------- that could affect fish and wildlife habitat in and along WRIA 1 streams and rivers. Proposed measures to protect or conserve plants, animals, fish, or marine life are: The 2005 WRIA 1 Watershed Management Plan (WMP), 2007 WRIA 1 WMP Detailed Implementation Plan, Whatcom County Comprehensive Plan Update (2016) and the WRIA 1 d - Nooksack River Instream Flow Rule all contain measures to protect fish and wildlife habitat. 3. How would the proposal be likely to deplete energy or natural resources? The proposal involves coordinated planning for public water system purveyors which may increase the use of groundwater. Increased population and employment growth in the county authorized by the County Comprehensive Plan will increase the rate of depletion of groundwater resources to accommodate that growth. Proposed measures to protect or conserve energy and natural resources are: Preparation of the CWSP Update included coordination with the Comprehensive Plan (CP) -- Update and multiple policies in the CP Update address strategies and measures to manage and protect groundwater resources in coordination with the WDOH and WDOE. Reviewed by initials SEPA Environmental Checklist Page 19 of 20 Form PL4-83-005A Rev October 2015 559 To Be Completed By Applicant Evaluation For Agency Use Only 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands? Additional groundwater use authorized by the YVDVH Qlld VVDVL TVl UUUl1l Water jyJtelllj to accommodate future growth may have an impact on surface waters in continuity with groundwater that could affect fish and wildlife habitat and other critical areas in and along WRIA 1 streams and rivers. Proposed measures to protect such resources or to avoid or reduce impacts are: In addition to policies in the Whatcom County Comprehensive Plan Update that protect critical areas, the Critical Areas Regulations (WCC Title 16) also protect the functions and values of environmentally sensitive areas, as required by the GMA. t 5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans? Preparation of the CWSP Update has been closely coordinated with the Whatcom County CP Update, as required by the GMA (RCW 36.70A) and the Public Water System Coordination Act of 1977 (RCW 70.116), The CWSP only serves to coordinate delivery of potable water to customers within both municipal and non -municipal (Group A) public water systems approved for service by the WDOH. Proposed measures to avoid or reduce shoreline and land use impacts are: The Whatcom County CP Update, proposed CWSP Update and Drinking Water Ordinance (WCC 24.11) all contain measures to ensure that legal potable water availability is required in order to facilitate future growth consistent with WDOH and WDOE requirements. 6. How would the proposal be likely_ to increase demands on transportation or public services and utilities?�, Proposal allows planned growth to proceed consistent with the Growth Management Act, local zoning, and land use plans. Proposed measures to reduce or respond to such demand(s) are: Response to demand will be met with water supply planning and coordinated service responsibilities. 7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment. Proposal shall be approved by all applicable local, state, and federal governing agencies thus no conflict of laws is expected. SEPA Environmental Checklist Form PL4-83-005A Reviewed by initials Page 20 of 20 Rev October 2015 560 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 - 232 A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 8/2/2016 8/9/2016 SCOTW & Council Division Head.• Dept. Head. - Prosecutor: Purchasing/Bud, et: Executive: TITLE OF DOCUMENT.• Resolution amending 2016-027 regarding Comprehensive Plan and Zoning Amendments ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Resolution amending 2016-027 regarding Comprehensive Plan and Zoning Amendments COMMITTEE ACTION: COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the Coun 's website at: www.co.whatcom.wa.us/council. 561 Amending Resolution 2016-027, 8/09/2016 Proposed by: BRENNER Introduction date: RESOLUTION NO. AMENDING RESOLUTION 2016-027, REGARDING COMPREHENSIVE PLAN AND ZONING AMENDMENTS WHEREAS, on July 26, 2016, the Whatcom County Council passed Resolution 2016-027 amending Resolution 2016-09, initiating comprehensive plan; and WHEREAS, the Growth Management Act (RCW 36.70A.130) requires that the County Council may consider amendments to the Whatcom County Comprehensive Plan no more frequently than once per year (with certain exceptions); and WHEREAS, the provisions of WCC 2.160.050 indicate that Comprehensive Plan amendments are to be "initiated" for review by approval of a resolution by the County Council; and WHEREAS, as part of the 2016 review of the Comprehensive Plan Update, the County Council has developed a docket of additional proposed Comprehensive Plan amendments for consideration by the Planning Commission and County Council; NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council hereby adds Attachment 2 to the previously passed Resolution 2016-027 Exhibit A. APPROVED this day of 2016. ATTEST WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Barry Buchanan, Council Chair APPROVED AS TO FORM: Civil Deputy Prosecutor 562 ff j Ftmfnll •^^O O �1Fg�fgd W ^l 4-J -p 4-) A a cn O41 Q C J C N i • C 0 o N Q (6 C (u OUa. Q 4-- O �. O O > N Q C a-+ ` O O C ,`eks ate-+ N N E �Q)Qs 4-+ Q V v > C E �.+ ;?aaUQ NNW }ry C :3 O U 3 a) s O U a t0 Z y O J d O 563 Attachment 2 to Exhibit A July 26, 2016 Chapter 2 - Land Use 1 Major Industrial Urban Growth Area / Port Industrial 2 3 Cherry Point 4 5 The Cherry Point Urban Growth Area (UGA) contains approximately 7,000 acres of 6 industrial land. The land has long been planned and designated by Whatcom County 7 for industrial development and is currently the site of three major industrial 8 ( facilities., including two oil refineries and an aluminum smelter. Together, these 9 three existing industries own about 4,400 acres of the total Cherry Point industrial 10 lands. 11 12 Because of the special characteristics of Cherry Point, including deep water port 13 access, rail access, and proximo to Canada this area has long_ had regional 14 significance for the siting of large industrial or related facilities. The Phillips 66 15 Ferndale Refinery was constructed in 1954,the Alcoa Intalco Works Aluminum 16 Smelter in 1966, and the BP Cherry Point Refinery in 1971. 17 18 Cherry Point is also important historically and cultural) to o the Coast Salish Deo Ie, 19 and _part of the usual and accustomed fishing area for five treaty tribes reserved 20 under .the Treaty of Point Elliot of 1855. The Lummi Nation and Western 21 Washington University have identified an ancestral villa e dating back over 3,000 22 years ago in this area. The Che_ rr ram_ Point UGA contains sites of primary 23 archeological and cultural significance. 24 25 26 Because of the large acreage demands of the types of industries likely to locate 27 there, the remaining undeveloped acreage at Cherry Point will likely be absorbed 28 during the 20 year planning period. 29 30 31 The Cherry Point shoreline also has great importance to the fisheries and ecology of 32 Northern Puget Sound because it provides essential spawning habitat for what once 33 was the largest herring stock in Washington State. This herring stock has supported 34 important commercial fisheries in the past and provides forage for salmonids and 35 other important marine species. In August 2000 and again in November 2010, the 36 State LandsCommissioner -ordered the Cherry Point tidelands and bedlands 37 withdrawn from the state's general leasing Drogram,except for_existing leases, and 38 designated them as the _"Cherry .Point Aquatic Reserve." In December 2010, the 39 DNR recognized the need to 'protect the significant environmental resource of 40 aquatic lands at Cherry Point" (CPAR Management Plan p. 1), and completed the 41 Cherry Point Environmental Aquatic Reserve Management Plan aid-desig-named--the 42 Cherrf-Peint-Aq,-atic Re=se;rv-e-to ensure long-term environmental protection of the 43 a-reaAquatic .Reserve. The =Reserve extends from the southern boundary of Birch 44 Bay State Park to the northern border of the Lummi Indian Nation Reservation. The Whatcom County Comprehensive Plan 2-1 564 Attachment 2 to Exhibit A July 26, 2016 Chapter 2 - Land Use 1 site excludes three existing aquatic land leases (13P, Intalco, Phillips 66 shipping 2 piers) and one proposed aquatic land lease-(Gamway--P-a-c-4c--Te-F-in-a4---,iW. 3 4 5 The overall purpose of the Cherry Point Aquatic Reserve (AR) is to ensure long-term 6 environmental protection for local habitats and species (CPAR MP p. 1). Specific 7 goals include protection and recovery (as applicable) of Cherry Point herring, 8 Nooksack Chinook salmon, ground fish, marine mammals, seabird/duck and 9 shorebird communities, Dungeness crab, and submerged native aquatic vegetation 10 (CPAR MP p. 2). Another goal is to cooperate with other stakeholdersd, "to minimize 11 and reduce identified impacts of human activities on the species and habitats within 12 the Reserve" (CPAR MP p. 2). 13 14 The Management Plan acknowledges that the existing industries, complying with 15 laws and regulations, do not conflict with the Aquatic Reserve although their 16 activities may pose risks for the Aquatic Reserve. Indeed, the industries' need for 17 buffer space and their compliance with shoreline management requirements means 18 that much of the Aquatic Reserve shoreline is in substantially natural riparian 19 vegetation and bluff processes proceed without interference. Existing industries can 20 serve the Aquatic Reserve's objectives so long as they are managed according to 21 the Plan and so long as the lessees actively work to further goals for the Reserve 22 (CPAR MP p. 2). 23 24 The County and industrial users have long recognized that the Cherry Point area 25 exhibits a unique set of characteristics that makes land there not only locally but 26 regionally important for the siting of major industrial developments_ -_especially 27 where deep water access for shipping is a critical locational factor. These 28 characteristics were articulated in the Overall Economic Development Plan (OEDP) 29 for Whatcom County adopted by the Whatcom County Council of Governments in 30 May, 1993, in the 1997 Property Counselors Report on supply and demand for 31 industrial land in Whatcom County, and at Cherry Point, the 2002 Greater Whatcom 32 Comprehensive Economic Development Strategy, the 2003 Whatcom County 33 Industrial Land Study, and the 2015 Whatcom County Comprehensive Economic 34 Development Strategy. 35 36 The characteristics that make Cherry Point unique as a site major industrial 37 development include the following: 38 Port Access - The marine waters off Cherry Point provide deep water access for 39 shipping. Deep water access for shipping was a major siting consideration for the 40 I three major industries currently located at Cherry Point a-r,d—fo-r -thhe 41 +ndt�stri� g faoi�i�ies-c-urfe„t-I_y.-_bei pfaposed. 42 Whatcom County Comprehensive Plan 2-2 565 Attachment 2 to Exhibit A July 26, 2016 Chapter 2 - Land Use 1 Rail Access - Cherry Point is served by a branch line of the Burlington Northern 2 mainline serving western Washington from Blaine to Portland. Rail service is 3 considered to be vital to statewide as well as local interests for the competitive 4 movement of freight. Rail service is particularly important in relation to the ---water 5 borne commerce. The Cherry Point area has the rail access to support marine 6 terminals and industrial users in the area. The BP refinery at Cherry Point uses the 7 railroad to ship calcined coke to U.S. markets and to other port facilities for 8 transshipment to foreign markets. Both the BP and Phillips 66 refineries receive 9 crude oil shipments by rail. 10 11 Proximity to Canada, Alaska and Foreign Ports - Cherry Point occupies a unique 12 location for the siting of industry because of its close proximity to Canada and 13 because of its shorter travel distance than other regional port facilities for shipping 14 to and from Alaska and to other Pacific Rim locations. The large acreage_ good_. rail 15 access and proximity to Washington State and Canadian ports makes.. the remaininq 16 upland area at Chem Point suitable for major manufacturing, commerc_ial__- or 17 industrial_ uses. The Cherry Point industrial area benefits from proximity to Canada, 18 as trade between the U.S. and Canada grows in response to the lifting of trade 19 barriers under the Free Trade Agreement. Canadian exports to the U.S. are 20 expected to increase and Canadian firms exporting to the U.S. are expected to seek 21 locations in the U.S. as a way of improving access to U.S. markets. Additionally, 22 just as other port facilities in Washington are constrained by lack of extensive 23 upland areas to support major industrial development, Canadian port facilities are 24 likewise constrained. There are limited expansion sites available at Roberts Banks 25 and in the Vancouver Harbor, and development sites further up the Fraser River are 26 constrained by limitations on vessel draft. Marine terminals at Cherry Point could 27 serve a portion of the potential growth in Canadian marine cargo. 28 29 30 Presence of Necessary Utilities and Infrastructure 31 32 Cherry Point is a major industrial area in Whatcom County. The Phillips 66 Ferndale 33 ( Refinery was constructed in 1954,;o the Alcoa Intalco Works Aluminum Smelter in 34 1966II-, and the BP Cherry Point Refinery in 1971. The infrastructure to support 35 these industries and future industrial users at Cherry Point is in place and includes 36 the following: 37 38 Electric Power: Electric Power is available from three providers in the Cherry Point 39 area: Puget Sound Energy, Public Utility District #1 (PUD #1), and Bonneville 40 Power Administration. 41 42 Puget Sound Energy owns two electrical generating facilities at Cherry Point. The 43 electricity generated by these two facilities can be transmitted outside the region 44 into the grid for supply to Puget's customers or some of it can be consumed by Whatcom County Comprehensive Plan 2-3 566 Attachment 2 to Exhibit A July 26, 2016 Chapter 2 - Land Use 1 Cherry Point customers through interties with the PUD #1. Puget Sound Energy 2 1 also acquires power from outside the region and transmits it via their- --its_ 3 transmission grid into Cherry Point. The BP Cherry Point Refinery purchases 4 electrical supply on the market and pays Puget Sound Energy to transmit the power 5 and operate distribution systems to provide that power to the refinery. 6 7 PUD #1 purchases electricity from the Bonneville Power Administration and takes 8 ownership of that power at the Bonneville substation in Bellingham and then 9 transmits it over its transmission line to Cherry Point to serve the Phillips 66 10 Ferndale Refinery. 11 12 I PUD #1 and Puget Sound Energy have interties at Cherry Pointy allowing the 13 transmission of power in and out of Cherry Point,, depending on the amount of 14 power generated and consumed at Cherry Point. 15 The Bonneville Power Administration supplies power directly to the Alcoa Intalco 16 Works aluminum production facility. 17 18 19 Water: Whatcom County Public Utility District #1 currently provides industrial 20 I process water to all major industrial facilities at Cherry Point and has additional 21 water available cat to provide process water to properties that are 22 currently undeveloped. PUD # 1 also operates a small system to provide potable 23 water to one industry (Praxair). Birch Bay Water and Sewer District provides 24 potable water to the BP Cherry Point Refinery. The other industries operate their 25 own water treatment facilities to provide potable water for their facilities. It is the 26 Count's policy to work c000eiatively_with all businesses to suwort all efforts to 27 reduce water consumption and -quantity of discharges. 28 29 30 Sewer: Sewer service is not typically required for large industrial developments. 31 Most of the existing industrial users provide their own on -site sewage treatment 32 and waste water treatment. Sewer service for domestic wastewater is provided to 33 the BP Refinery by the Birch Bay Water and Sewer District. If and when sewer 34 service should become necessary for other industries, service could be provided on 35 a contractual basis with the Birch Bay Water and Sewer District, which borders the 36 Cherry Point industrial area on the north. 37 38 Natural Gas: Natural gas is currently available at Cherry Point. 39 40 All-weather Roads: Grandview and Slater roads, the major east -west connectors 41 between Cherry Point and Interstate-5, provide all-weather road access to Cherry 42 Point. 43 Whatcom County Comprehensive Plan 2-4 567 Attachment 2 to Exhibit A July 26, 2016 Chapter 2 - Land Use 1 The industries currently located at Cherry Point are a substantial part of the 2 economic base of Whatcom County and the region and the economic welfare of the 3 county is strongly tied to the health of these industries and their ability to flourish 4 1 and expand_ appropriatelY as opportunities present themselves. These existin 5 industries need to be protected from the inappropriate encroachment of 6 incompatible uses; particularly residential uses that could affect their ability to 7 expand,. at the same time, the expansion of these industries needs to be done in 8 ways that do not sicinificantiv impact the ecology of the Salish Sea or encourage 9 expanded gxp_Qrt of unrefined fossil fuels. The best means for protecting these 10 industries from incompatible adjoining residential_ uses and to assure their 11 continued regulatory conformity is to maintain the industrial land use designation of 12 these lands and adjoining properties currently designated for industrial 13 development. The Cherry Point industrial lands have been designated for industrial 14 development., and as a direct result of the industrial designation, incompatible and 15 inappropriate residential development has been curtailed. 16 17 Goal 2CC: 18 1 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Maintain Cherry Point as an unincorporated urban growth area based on its unique location characteristics,, and its significant contribution to the overall industrial land supply and Whatcom County's tax base. Policy 2CC-1: Designate Cherry Point as a major industrial Urban Growth Area to accommodate major users that need to be located away from concentrated urban residential areas_and that can manage their activities in such a way that they do not conflict with the goals of the Aquatic Reserve Management Plan. Policy 2CC-2: Ensure that developments in the Cherry Point UGA maintain and operate_under.management plans thatte accomplish the goals of the Aquatic Reserve Management Plan. Work cooperati_v_ely with all businesses to increase environmental __protection._ __as_.tbey expand and/or uiD rade.refininq_ o_perationsat_Cherr_yPoint. _ Policy 2CC-3: Assure that Cherry Point's unique features of large parcelization, port access, and rail transportation availability are maintained and protected from incompatible development. Policy: 2CC-4: Require the master planning of each large parcel in advance of any development or subdivision at Cherry Point. Whatcom County Comprehensive Plan 2-5 36 37 38 39 40 41 42 Attachment 2 to Exhibit A July 26, 2016 Chapter 2 - Land Use Policy: 2CC-5: Require the designation and site plan for a major user (generally 40 acres or more) before the development of accessory or supporting uses to assure that accessory or supporting uses are compatible with and will not interfere with the major industrial user. Policy: 2CC-6: Specify 160 acres as a minimum area for planning, prior to the commitment of a parcel for a major user (40 acres or more, singularly or as a cluster or group). Policy: 2CC-7: Permit support activities, warehousing, rail shipmentst+oping, machine repair and service, educational services, food service and conveniences, to locate on a parcel only after the completion of a master plan, and the identification and site plan approval for the major user. Policy 2CC-8: Exclude Cherry Point as part of any future incorporation of Birch Bay_.- • to protect interests of the property owner in terms of taxation and urban regulations; • to preclude urbanism near "smokestack" industries; • to preserve county government tax base. Policy 2CC-9: Continue to work with service providers that serve Cherry Point to ensure the delivery of services and to allow it to develop to its fullest potential consistent with County policies supporting ener and water conservation.. Policy 2CC-10: It is the policy of Whatcom County to limit the number of piers at Cherry Point. Anymoratorium shall not affect,nor_otherwise appj)ta,_any proposed pier that Whatcom Cguntyapproved under its Shoreline Man_agernent Pr�ram-prior to sdoott_ion of the _moratorium. It is also the _po_l cy_ of Whatcom_ Cow-ntyto: ® Further public health and safety; ®_..Recognize federal actions_holding treaty rights_ • Protect traditional commercial and tribal fishing;_ •. Prevent conflicts with vessel shipment operations of existing refineries that could lead to catastrophic oil or fuel spills; and •-----Adh_ere_to_best available science documenting species decline in the Salish Sea and at. Cherry Point and enhance the Whatcom County Comprehensive Plan 2-6 569 Attachment 2 to Exhibit A July 26, 2016 Chapter 2 - Land Use 1 likelihood of_reachina the recovery -goals of the CPAR and the 2 Puget Sound Partnershi 's recover gals for Year 2035. 3 Supmort_ environmental upqrades when expanding refining. 4 operations. 5 6 7 by- 8 eb-ov-e-o -t h is mera ten-u-m--s-hall- riet a, t, n e F et - p�H-e i 9 ar��-prepesed—piece tbat '�Fhatc r®ved- anger Fts 0 Sh-or-el-itfe--M-a��--Program prier to ade�ti® —e€ tk�e 11 1 tri-rim,=a cvr-;' ^f".r�„i- 12 13 Policy 2CC-11: RCW 36.70A.365 requires the implementation of Traffic Demand 14 Management (TDM) programs for the designating of a Major 15 Industrial Urban Growth Area. Any employer in the Cherry Point 16 Urban Growth Area that employs one hundred or more full-time 17 employees at a single worksite, who begin their regular work 18 day between 6:00 am and 9:00 am on weekdays for at least 19 twelve continuous months during the year are required to meet 20 the TDM requirements of WCC 16.24. 21 22 Policy 2CC-12: Work with the Cherry Point industries to maximize public access 23 to the Cherry Point beaches without compromising industrial 24 security. 25 26 27 Policv2CC-14:_. The Count shall __undertake a study to_ be completed by 28 December of_2017_to _examine existiDg_ County_ laws, including 29 those related to_oublic health, safety, buildin 30 zoning permittin electrical,, nuisance,_. and fire codes, and 31 develo recommendations for legal wa_s the County can work to 32 limit unrefined_ fossil fuel exports from the Cheer Point UGA 33 above levels in existence as of July 5, 2016. The study shall 34 review and anallze anv legal advice freely submitted to the 35 County by legal -experts on behalf of a variety of stakeholder 36 interests, and make that advice public as-p _of the study 37 report 38 39 Based on the above study, develop_ proposed Comprehensive_ 40 Plan_ amendments and associated code and rule amendments for 41 Council consideration as soon as possible_ 42 43 Whatcom County Comprehensive Plan 2-7 570 Attachment 2 to Exhibit A July 26, 2016 2 - Land Use Whatcom County ( Comprehensive Plan Map UGA-10 Cherry Point Urban Growth Area o�40P0Gt"'RP%.4y��� usa of sm,;rcow wvxrras aonm idttus+m oar's 201. Major Port/Industrial UGA Gn ea �`ias"i ea sririu aman�n eaw�ar�& .avunm fi ,�'�� � �l ,�.� mpn eap�.ewoa�cmtlapeaeace =s � � b a ' � �Y. wsr�kax Nena!«d oe .a� `�dr f5' . ^axmaywarctitww wwae n.,mtm. aha xtavrcaam a.wea. iaea aaercr wxm° aoo r-.vuomc�a��<a �-� .. a cs e, 571 Attachment 2 to Exhibit A July 26, 2016 Whatcom County Comprehensive Plan Chapter 2 - Land Use 2-9 572 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-231A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: orl oator: SW 07/13/16 _x 07/26/16 Introduction Division Head., f , _ 19 2016 WHATCOM COUNTY COUNCIL 8/9/16 Hearing Dept. Head: Prosecutor: Lt3 Purchasin /Bud et: Executive: TITLE OF DOC : Adopt a resolution to sell surplus property ATTACHMENTS: Resolutions & list of property to be declared surplus SEPA review required? ( ) YES (x) NO Should Clerk schedule a hearing?( x ) YES ( ) NO SEPA review completed? ( ) YES (x) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) The attached list of equipment has been determined to be surplus and available for disposal by public auction. The Council may find by resolution, following a public hearing that it is in the public interest to sell the property. COMMITTEE ACTION: COUNCIL ACTION: 7/26/2016: Introduced 6-0, Donovan absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number. Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: .co.whatcom.wa.us/council. 573 DATE INTRODUCED: RESOLUTION NO A RESOLUTION AUTHORIZING THE SALE OF WHATCOM COUNTY SURPLUS PROPERTY PURSUANT TO WCC 1.10 WHEREAS, a public hearing was held on , 2016 to discuss the sale of Whatcom County property; and WHEREAS, it was determined to be in the best interest of Whatcom County to sell the property listed in Exhibit "A" and such property shall be sold by public auction after August 2016, subsequent to compliance with the notice requirements of WCC 1.10.200: and NOW THEREFORE BE IT RESOLVED that the property listed in Exhibit "A" be sold at public auction after August 2016 pursuant to the notice requirements of WCC 1.10.200. APPROVED this day of , 2016 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil D1�� eputy Pros uting Attorney 574 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director EQUIPMENT SERVICES DIVISION 901 W. Smith Road Bellingham, WA 98226-9610 Phone (360) 778-6400 Fax (360) 778-6401 Eric L. Schlehuber, Division Manager WHATCOM COUNTY PUBLIC WORKS EQUIPMENT SERVICES DIVISION CAPITAL EQUIPMENT SURPLUS REQUEST EXHIBIT A JULY 2016 PUBLIC WORKS - EQUIPMENT SERVICES UNIT YEAR MAKE MODEL DEPT VIN # EST MILES / HRS COMMENTS 038 2006 FORD %TON F150 4X4 EX CAB M&O 1FTRX14W26FB11890 127,982 Already Replaced 102 2007 FORD F150 4X4 SUPER CAB M&O 1FTRX14WX7FB64256 182,590 Already Replaced 114 2005 CHEVY K1500 SILVERADO 4X4 M&O 1GCEK19VX5E296210 149,048 Already Replaced 115 2005 CHEVY K1500 SILVERADO 4X4 M&O 1GCEK19V35E294850 129,214 Already Replaced 118 1998 FORD F150 Y2TON 4X2 ENGINEERING 2FTRF1769WCA94886 101,092 Already Replaced 119 2004 FORD %TON F150 4X4 EX CAB M&O 1FTRX14WX4NC08323 143,028 Already Replaced 142 2002 FORD F150 4X4 EX CAB M&O 1FTRX181-72NA28469 167,345 Already Replaced 148 2002 FORD F150 4X4 EX CAB M&O 1FTRX18L72NA28472 127,623 Already Replaced 154 2007 FORD ESCAPE P&D 1FMCU92Z87KA60023 110,535 Already Replaced 181 2002 FORD F150 %TON 4X4 ENGINEERING 1FDWX37R69EA16369 222,690 Already Replaced 189 2002 FORD F150%TON 4X4 M&O 2FTRX18W82CA78555 153,668 Already Replaced 190 2002 FORD F150 Y2 TON 4X4 M&O 2FTRX18W12CA78557 133,640 Already Replaced 270 1994 WESTERN STAR 4964F 10-12 YARD DUMP TRUCK PARKS 2WLNCCCF4RK933357 414,236 Already Replaced 302 1991 CAT IT1813-LOADER W/FORKS M&O 4ZD00960 4,079 Already Replaced 304 1991 CAT IT18B-LOADER W/FORKS M&O 4ZD00999 4,532 Already Replaced 331 1978 FORD TRACTOR 2WD PARKS C509024 1992 Turned in 405 1995 EZ LOAD TRAILER (WITH #403) FLOOD 1ZElRFW11SA004694 N/A Already Replaced 411 1990 SLAUTTER BACK TAB APPLICATOR M&O N/A N/A Obsolete 429 1995 CAT GP40-G FORKLIFT ER&R 1CM00947 3,395 Already Replaced 435 1991 CAT FORKLIFT V-50DSA ER&R 2NCO1675 3,835 Already Replaced 438 1995 BANDIT B-250 CHIPPER M&O 8438 14,330 Already Replaced 439 1990 BANDIT CHIPPER PARKS 3704 3,874 Already Replaced 450 1994 CAT GP30 FORKLIFT FACILITIES 7AM-00547 8116 Already Replaced 469 1975 BERKLEY TRAILER MTD PUMP M&O T-1B6ZRMCCW N/A Obsolete 479 2000 WESTERN PLOW MOUNT KIT (w/#48o) M&O T-1B6ZRMCCW N/A Already Replaced 480 2000 WESTERN PLOW MKIII-7'-6" (on #176) M&O N/A N/A Already Replaced 495 1974 MITCHELL WEED SPRAYER M&O 798989 N/A Obsolete 569 2000 PORTABLE SANDER M&O 55255 N/A Already Replaced 824 1993 KUBOTA L3450D PARKS 50201 2,626 Already Replaced 898 1992 JOHN DEERE 455TRACTOR PARKS M0045AO10047 1,992 Already Replaced 908 2007 CHEVY W4500 CUBE VAN CORRECTIONS J8BC41316477013312 89,991 Totalled 6002 2004 CHEW BLAZER 4X4 EMERGENCY MANAGEMENT 1GNDT13X64K157282 99,444 Already Replaced 6018 2006 FORD EXPEDITION SHERIFF 1FMPU165X6LA13627 168,261 Already Replaced 6073 1999 FORD CROWN VIC SHERIFF 2FAFP71W3XX179962 117,071 Already Replaced 6120 2002 FORD CROWN VIC SHERIFF 2FAFP71W22X131281 114,725 Already Replaced 6131 2004 FORD CROWN VIC SHERIFF 2FAFP71W04X152293 142,900 Already Replaced 6134 2004 FORD CROWN VIC SHERIFF 2FAFP71W74X152288 109,896 Already Replaced 6140 2004 FORD CROWN VIC SHERIFF 2FAFP71W44X177181 136,100 Already Replaced 6145 2004 FORD CROWN VIC SHERIFF 2FAFP71W64X161757 128,778 Already Replaced 6149 2005 FORD EXPEDITION SHERIFF 1FMPU16575LA74285 165,737 Already Replaced Capital Equipment Surplus Request - July 2016 575 Capital Equipment Surplus Request — July 2016 Page 2 of 2 PUBLIC WORKS — EQUIPMENT SERVICES UNIT YEAR MAKE MODEL DEPT UIN # EST MILES / HRS COMMENTS 6151 2005 FORD EXPEDITION SHERIFF 1FMPU16515LA74282 159,125 Already Replaced 6156 2005 FORD CROWN VIC SHERIFF 2FAHP71W85X148728 144,544 Already Replaced 6157 2005 FORD CROWN VIC SHERIFF 2FAHP71WX5X148729 161,631 Already Replaced 6164 2006 FORD EXPEDITION SHERIFF 1FMPU165X6LA79353 186,900 Already Replaced 6166 2006 FORD CROWN VIC SHERIFF 2FAFP71W56X155113 150,447 Already Replaced 6168 2006 FORD CROWN VIC SHERIFF 2FAFP71W96X155115 199,599 Already Replaced 6169 2006 FORD CROWN VIC SHERIFF 2FAFP71W06X15S116 146,146 Already Replaced 6837 2005 PC IV 4 PERSON PEDAL BOAT PARKS KAX06638D605 N/A Already Replaced 6841 2005 PC IV 4 PERSON PEDAL BOAT PARKS KAX06630D605 N/A Already Replaced 6845 2005 PC IV 4 PERSON PEDAL BOAT PARKS KAX06634D606 N/A Already Replaced 6846 2005 PC IV 4 PERSON PEDAL BOAT PARKS KAX06636D600 N/A Already Replaced 6856 2007 DODGE RAM 1500 4X4 PARKS 1D7HU18P27J602570 118,469 Already Replaced 6857 2 005 PC IV 4 PERSON PEDAL BOAT PARKS KAX06903E707 N/A Already Replaced 6858 2005 PC IV 4 PERSON PEDAL BOAT PARKS KAX06903E707 N/A Already Replaced 6859 2005 PC IV 4 PERSON PEDAL BOAT PARKS KAX06914E707 N/A Already Replaced 6860 2005 PC IV 4 PERSON PEDAL BOAT PARKS KAX06915G707 N/A Already Replaced 8014 2002 DODGE B350015 Passenger Van CORRECTIONS 2B5WB35ZX2K103109 92,400 Already Replaced 8016 2002 FORD E450 BUS HD CORRECTIONS 1FDXE45S52HB37422 199,257 Already Replaced 8017 2002 FORD E450 BUS HD CORRECTIONS 1FDXE45S72HB37423 207,634 Already Replaced 8018 2004 FORD E450 BUS HD CORRECTIONS 1FDXE45S64HA86161 204,425 Already Replaced 8019 2004 FORD E450 BUS HD CORRECTIONS 1FDXE45S84HA86162 197,565 Already Replaced 8020 2004 FORD E450 BUS HD CORRECTIONS 1FDXE45SX4HA86163 192,356 Already Replaced 8021 2004 FORD E450 BUS HD CORRECTIONS 1FDXE45S14HA86164 210,009 Already Replaced 8022 2004 FORD E450 BUS HD CORRECTIONS 1FDXE45S34HA86165 233,635 Already Replaced 8023 2004 FORD E450 BUS HD CORRECTIONS 1FDXE45S54HA86166 240,238 Already Replaced N/A N/A ALAMO ROTARY SHOULDER MOWER M&O N/A N/A Already Replaced N/A N/A N/A FLAIL SHOULDER MOWER M&O N/A N/A Already Replaced N/A N/A HYSTER TOW ROLLER M&O N/A N/A Obsolete DESCRIPTION Miscellaneous broken and unusable tools, parts, and supplies . Spray equipment from vehicle #356 (Obsolete) • PTO generator (Obsolete) • 3 hydraulic tanks with pumps from old trash compactors (Obsolete) Used & unsalvageable bridge decks Miscellaneous inventory items (culvert, timbers, etc.) Miscellaneous mower items GENERAL FUND — SURPLUS EQUIPMENT UNIT YEAR MAKE MODEL / DESCRIPTION DEPT PROPERTY TAG # COMMENTS DESCRIPTION Miscellaneous worn or broken office equipment & furniture Miscellaneous worn or broken computer components Capital EquWA Surplus Request — July 2016 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-047 0 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: M.A. 711512016 712612016 Committee of the Matt W. Aamot I�-;: (� E V Whole/Introduction Division Head: ( 81912016 Council Public Mark Personius L14 r ? —f s - It, `=' t-✓ �(, 1 q Hearin Dept. Head: Sam Ryan Prosecutor: Royce Buckingham :71116p COM COUNTY Purchasing/Budget: COUNCIL Executive: Jack Louws , D TITLE OF DOG ENT.• Ordinance adopting Whatcom County Comprehensive Plan amendments relating to the 2016 comprehensive plan periodic update and urban growth area review required by the Growth Management Act under RCW 36.70A.130. ATTACHMENT: 1. Cover letter 2. Draft Ordinance and Exhibit SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? ( X) Yes ( ) NO SEPA review completed? ( X )Fes ( ) NO SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Under the Growth Management Act, Whatcom County and the seven cities within the County must complete the periodic update of their comprehensive plans and review urban growth areas (UGAs) in 2016 (RCW 36.70A.130). The Whatcom County Council will hold a public hearing and adopt amendments to the Whatcom County Comprehensive Plan, including UGA boundary changes, in order to complete the 2016 Comprehensive Plan Update and UGA Review. COMMITTEE ACTION.• COUNCIL ACTION.• 7/26/2016: Discussed 7/26/2016: Revised and Introduced 6-0, Donovan absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number: AB2016-047n :1 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing andprinting on the County's website at: www.co.whatcom.wa.uslcouncil. 577 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TY 800-833-6384 360-778-5901 Fax Memorandum I.E. "Sam" Ryan Director TO: The Honorable Jack Louws, Whatcom County Executive The Honorable Whatcom County Council FROM: Matt Aamot, Senior Planner``f`4 THROUGH: Mark Personius, Assistant Director V.4? DATE: July 15, 2016 SUBJECT: Comp Plan Periodic Update/UGA Review - Draft Ordinance As you know, several years ago Whatcom County initiated a multi -year project to update the Whatcom County Comprehensive Plan and conduct the urban growth area (UGA) review by 2016, as required by the Growth Management Act (RCW 36.70A.130). The Comprehensive Plan update and UGA review is being conducted in coordination with the seven cities in Whatcom County. The County Council has reviewed the Comprehensive Plan, including UGA proposals, in a series of meetings from January to July 2016. This review included staff briefings, review of Planning Commission recommendations, city presentations, nine public hearings (with another hearing to come), and consideration of public input. It is anticipated that the Council will adopt an ordinance relating to the Comprehensive Plan update and UGA review this summer. Staff would like to discuss the draft ordinance, including proposed findings of fact, at a Council Special Committee of the Whole meeting on July 26. It is anticipated that the ordinance will be introduced the evening of July 26 and that a public hearing will be scheduled for August 9. Thank you for your consideration of this matter. We look forward to discussing it with you. > 578 PROPOSED BY: INTRODUCTION DATE: 7/26/2016 ADOPTING WHATCOM COUNTY COMPREHENSIVE PLAN AMENDMENTS RELATING TO THE 2016 COMPREHENSIVE PLAN UPDATE AND URBAN GROWTH AREA (UGA) REVIEW WHEREAS, The Growth Management Act requires Whatcom County to periodically review and update the Comprehensive Plan; and WHEREAS, The Growth Management Act requires Whatcom County to periodically review and update UGAs; and WHEREAS, The Whatcom County Council reviewed and considered Growth Management Act requirements, Planning Commission recommendations, staff recommendations, city recommendations, advisory committee recommendations, Tribal government comments, and public comments on the Comprehensive Plan update and UGA review; and WHEREAS, The County Council hereby adopts the following findings of fact: FINDINGS OF FACT 1. The Washington State Growth Management Act (GMA) requires Whatcom County to periodically review and revise its comprehensive plan and development regulations under RCW 36.70A.130(1). Whatcom County must complete the update in 2016. 2. The GMA also requires Whatcom County to review urban growth areas (UGAs) under RCW 36.70A.130(3). The UGAs must be able to accommodate urban growth projected for the 20-year planning period, which extends through the year 2036. Whatcom County must complete the update in 2016. Page 1 of 63 579 3. A Draft Environmental Impact Statement (EIS) entitled "Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Areas Review" was issued on March 10, 2015. A public hearing on the Draft EIS was held on April 13, 2015. The written comment period closed on May 15, 2015. A Final EIS was issued on November 12, 2015. 4. GMA Planning Goal 11, relating to citizen participation and coordination, is to "Encourage the involvement of citizens in the planning process and ensure coordination between communities and jurisdictions to reconcile conflicts." 5. The GMA requires the County to establish and broadly disseminate a public participation program identifying procedures providing for early and continuous public participation in the development and amendment of comprehensive land use plans (RCW 36.70A.140). Whatcom County developed a Public Participation Plan to guide the planning process and has followed that Plan. 6. Whatcom County Planning and Development Services Department staff reviewed the Comprehensive Plan and prepared initial recommended amendments based on the following objectives: a. Incorporate comments and recommendations from consultation with Council and Executive -appointed advisory committees, other county departments, cities and agencies; b. Update elements with current information, data or projections relevant to the new twenty-year planning period; c. Remove outdated narrative language regarding process and history of previous planning efforts; d. Update narrative and policies to address current issues and planning initiatives or to reflect new policy direction; e. Convert action items at the end of each chapter into policies or delete action items already accomplished or no longer needed; f. Amend or delete policies that are out of date or duplicative; Page 2 of 63 g. Update narrative and policies to achieve internal consistency; and h. Achieve consistency with the GMA (incorporate changes based on state legislative updates). 7. The Whatcom County Planning Commission held a series of public meetings from March 2015 - January 2016 and a meeting in May 2016. The Planning Commission considered input from a variety of sources including staff recommendations, city recommendations, advisory committee recommendations, Tribal government comments, public comments, and agency comments. 8. Notice of proposed amendments was submitted to the Washington State Department of Commerce on April 28, 2016 pursuant to RCW 36.70A.106. WAC 365-196-630(2)(c) states "If the proposed amendment changes during the legislative process, counties and cities may submit supplemental materials to the department without initiating a new sixty-day notice period." Pursuant to WAC 365-196- 630(2)(c), Whatcom County submitted supplemental information to the Department of Commerce on July 22, 2016 showing the proposed amendments as modified during the County Council's review process. 9. Proposed Comprehensive Plan amendments have been posted on the County website. 10. Notices of the Planning Commission hearings were sent to citizens, media, cities, Tribal governments and other groups on the County's e- mail list on November 25, 2015 and May 12, 2016. 11. Notices of the Planning Commission hearings for the subject amendments were published in the Bellingham Herald on November 25, 2015 and May 13, 2016. 12. The Planning Commission held public hearings on the subject amendments on December 10, 2015 and May 26, 2016. 13. The Planning Commission issued Findings of Fact & Reasons for Action on January 14, 2016 (Comprehensive Plan Chapters 1-11) and May 26, 2016 (Comprehensive Plan Appendices). 14. The Whatcom County Council held public hearings on the subject amendments on January 26, March 22, April 5, April 19, May 3, May 17, May 31, June 14, June 28, and August 9, 2016. Page 3 of 63 581 15. The Whatcom County Council reviewed and considered Planning Commission recommendations, staff recommendations, city recommendations, advisory committee recommendations, Tribal government comments, and public comments on the Comprehensive Plan update. Approval Criteria Whatcom County Code 16. Pursuant to Whatcom County Code 2.160.080, in order to approve comprehensive plan amendments the County must find all of the following: a. The amendment conforms to the requirements of the Growth Management Act, is internally consistent with the county -wide planning policies and is consistent with any interlocal planning agreements. b. Further studies made or accepted by the Department of Planning and Development Services indicate changed conditions that show need for the amendment. c. The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: i. The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the comprehensive plan. ii. The anticipated effect on the ability of the county and/or other service providers, such as cities, schools, water and/or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities. iii. Anticipated impact upon designated agricultural, forest and mineral resource lands. d. The amendment does not include or facilitate spot zoning. Page 4 of 63 582 e. Amendments that propose the expansion of an urban growth area boundary are required to acquire development rights from a designated Transfer of Development Rights sending area, with certain exceptions including UGA expansions initiated by a government agency. Re -Designating UGA Reserves to UGAs 17. The Whatcom County Comprehensive Plan (Chapter 2) states that: ... Urban Growth Area Reserves means a land use designation that may be applied to those areas which are adjacent and contiguous to either incorporated or unincorporated Urban Growth Areas which appear to be suitable for future inclusion in the respective Urban Growth Area... . 18. General criteria for transferring properties from the Urban Growth Area Reserve to the Urban Growth Area are set forth in the Comprehensive Plan (Chapter 2) and relate to: a. Need for Land Capacity; b. Adequate Public Facilities and Services; C. Land Use Plans; d. Natural Resource Lands; e. Environment; and f. Open Space Corridors. 19. Additional issues are set forth in the Comprehensive Plan (Chapter 2) to re -designate specific UGA Reserves to UGAs. 20. Ferndale and Lynden UGA Reserves are re -designated to UGAs. Re -Designating Agricultural Lands to UGAs 21. The GMA required Whatcom County to designate agricultural lands of long-term commercial significance (hereinafter "designated Agricultural lands") under RCW 36.70A.170(1), which the County accomplished in the 1990s. 22. Those lands designated as Agriculture in the Whatcom County Comprehensive Plan are designated Agricultural lands under the GMA. Page 5 of 63 583 23. Certain lands in UGA Reserves are currently zoned Agriculture. However, zoning does not determine which lands are designated Agricultural lands. Lands classified as UGA Reserve in the Comprehensive Plan are not designated Agricultural lands. 24. The GMA indicates that designated Agricultural lands are primarily devoted to agriculture and have "long-term commercial significance for agricultural production" (RCW 36.70A.030(2)). The GMA states that "Long-term commercial significance" includes the growing capacity, productivity, and soil composition of the land for long-term commercial production, in consideration with the land's proximity to population areas, and the possibility of more intense uses of the land (RCW 36.70A.030(10)). The "GMA does not dictate how much weight to assign each factor in determining which farmlands have long-term commercial significance" (Lewis County v. Western Washington Growth Management Hearings Board, 157 Wn.2d 488 (2006)). 25. The GMA requires counties to consider the guidelines established in WAC 365-190-050 when designating Agricultural lands (RCW 36.70A.170(2)). 26. Based upon the GMA, Washington courts have developed a three factor test for designating and de -designating Agricultural Lands of long term commercial significance. In order to de -designate agricultural lands of long term commercial significance, it must be demonstrated that one of these three factors exists. a. The land is characterized by urban growth. The GMA states that 'characterized by urban growth" refers to "... land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth" (RCW 36.70A.030(19)). b. The land is not primarily devoted to the commercial production of agricultural products enumerated in RCW 36.70A.030(2), including land in areas used or capable of being used for production based on land characteristics. c. The land no longer has long-term commercial significance for agricultural production, as indicated by soil, growing capacity, productivity, and whether it is near population areas or vulnerable to more intense uses. Washington Administrative Code (WAC) 365-190-050 provides the following factors, which should be considered: The classification of prime and unique farmland soils as mapped by the Natural Resources Conservation Service; Page 6 of 63 ii. The availability of public facilities, including roads used in transporting agricultural products; iii. Tax status, including whether lands are enrolled under the current use tax assessment under chapter 84.34 RCW and whether the optional public benefit rating system is used locally, and whether there is the ability to purchase or transfer land development rights; iv. The availability of public services; v. Relationship or proximity to urban growth areas; vi. Predominant parcel size; vii. Land use settlement patterns and their compatibility with agricultural practices; viii. Intensity of nearby land uses; ix. History of land development permits issued nearby; x. Land values under alternative uses; and xi. Proximity to markets. 27. New Whatcom County Comprehensive Plan Policy 8A-3 sets forth the criteria for designating or de -designating Agriculture lands. This Policy states: The criteria for designating or de -designating lands under the Agriculture land use designation shall be considered on an area - wide basis. When applying the following criteria, the process should result in designating an amount of agricultural resource lands sufficient to maintain and enhance the economic viability of the agricultural industry in the county over the long term, and to retain agricultural support businesses, such as processors, farm suppliers, and equipment maintenance and repair facilities. The criteria are as follows: a. The land is not already characterized by urban growth. In determining this factor, the County should consider WAC 365-196-310 and RCW 36.70A.030(19). b. The land is used or capable of being used for agricultural production. In making this determination, the County shall use the land -capability classification system of the U.S. Page 7 of 63 585 Department of Agriculture Natural Resources Conservation Service. These eight classes are incorporated into map units and are based on the growing capacity, productivity, and soil composition of the land. c. The land has long term commercial significance for agriculture. In determining this factor, consider the following nonexclusive criteria: i. The majority of the area contains Prime Farmland Soils as determined by the Natural Resource Conservation Service (NRCS). ii. The area may contain 100-year floodplains as delineated by the Federal Emergency Management Agency (FEMA). iii. Land use settlement patterns, the intensity of nearby uses, and the history of approved land development permits are generally compatible with agricultural practices. iv. A majority of the area is composed of agricultural operations that were historically in agriculture prior to 1985. v. The predominate parcel size in the area is large enough to adequately maintain agricultural operations. vi. The availability of public services. vii. The availability of public facilities such as roads used to transport agricultural products. viii. Special purpose districts that are oriented to enhancing agricultural operations such as drainage improvement, watershed improvement, and flood control exist. ix. The area has a pattern of landowner capital investment in agricultural operations improvements including irrigation, drainage, manure storage, the presence of barns and support buildings, enhanced livestock feeding techniques, agricultural worker housing, etc. Page 8 of 63 x. The area contains a predominance of parcels that have current use tax assessment derived from the Open Space Taxation Act. xi. The area's proximity to urban growth areas. xii. The area's proximity to agricultural markets. xiii. Land value under alternative uses. 28. Whatcom County Comprehensive Plan Policy 8A-6 (formerly 8A-5) is to "Require all requests for re -designation from agriculture to demonstrate that changed site conditions or circumstances have occurred since the original designation to such an extent that the site no longer satisfies the designation criteria for agricultural lands." 29. Whatcom County has considered the provisions of the GMA, WAC 365- 190-050, and the Whatcom County Comprehensive Plan in evaluating de -designation of Agricultural lands. Pursuant to this review, land is re -designated in the Whatcom County Comprehensive Plan from Agriculture to Lynden UGA and from Agriculture to Nooksack UGA. Growth Management Act 30. The GMA establishes planning goals in RCW 36.70A.020 to guide adoption of comprehensive plans. 31. The GMA requires that a comprehensive plan must be an internally consistent document (RCW 36.70A.070). 32. The GMA establishes mandatory elements of a comprehensive plan in RCW 36.70A.070. Mandatory elements are: land use, housing, capital facilities, utilities, rural and transportation elements. These mandatory elements, along with other optional elements of the Comprehensive Plan, are addressed below. Chapter 1 — Introduction and Growth Projections 33. The GMA requires that the comprehensive plan contain projections of future population growth (RCW 36.70A.070(1)) and future employment growth (RCW 36.70A.115). 34. Chapter 1 of the Whatcom County Comprehensive Plan contains GMA goals, background information, population projections, and employment projections. Page 9 of 63 587 35. Whatcom County and the cities hired a consulting firm, BERK, to develop a document entitled Whatcom County Population and Employment Projections and Urban Growth Area Allocations - Phase I Technical Report. This report, which was issued in July 2013 and revised in November 2013, analyzed historical growth and developed preliminary allocations to UGAs and the area outside UGAs primarily based upon historic growth trends and shares. This report represented a starting point for public input and discussions by planning commissions and elected officials. 36. BERK also issued a report entitled Whatcom County Urban Growth Area Review - Background Research on Selected Economic, Demographic, and Housing Trends in November 2013. This report addresses Canadian influence on Whatcom County real estate markets including the effect of the exchange rate on border crossings, Canadian shoppers, Canadian air travel through the Bellingham International Airport, real estate prices attracting Canadian investors, and long-term population growth in British Columbia. This report states that "... Canadian retail spending in the U.S. will lead to additional demand for commercial land and Canadian investors will contribute to residential demand in Whatcom County..." (p. 11). This report also looks at housing trends and preferences, including national trends, elderly housing preferences, and Whatcom County housing market trends. 37. The County and cities adopted interlocal agreements in 2012 to, among other things, conduct coordinated growth management planning. 38. The County and the cities developed preliminary population and employment allocation recommendations after considering the OFM population projections, BERK report, county goals, city goals, public input, infrastructure capacity, land availability, etc. These preliminary recommendations were presented in several meetings of the Whatcom County Planning Commission in late 2013. The County Planning Commission issued recommendations relating to preliminary population and employment allocations on January 9, 2014. 39, The Whatcom County Council approved a nonbinding multi - jurisdictional resolution relating to population and employment growth allocations on March 11, 2014. Based upon the County and cities' preliminary recommendations, this resolution provided preliminary growth allocations for conducting environmental review, further analyzing land capacity, developing draft land use planning proposals, traffic modeling, and formulating draft capital facility plans. Page 10 of 63 40. Following further analysis, Whatcom County and the cities issued UGA proposals in the summer of 2015. These proposals included population allocations, employment allocations and any UGA boundary changes. 41. The County Council considered OFM population projections, the BERK reports, infrastructure capacity, land availability, County and city proposals, Whatcom County Planning Commission recommendations, and public input prior to adopting the Comprehensive Plan's population and employment growth projections in 2016. 42. Whatcom County's estimated 2013 population was 205,800. It is projected that the County as a whole will grow by 69,650 people over the planning period. Therefore, total Whatcom County population is projected to be 275,450 in the year 2036. 43. The county -wide total population projection of 275,450 for the year 2036 is within the range of State Office of Financial Management projections. 44. The population growth allocations to the UGAs total 58,433 additional people over the planning period (which equates to approximately 84% of countywide population growth). The population growth allocation to the remainder of the county, outside UGAs, totals 11,217 additional people (which equates to approximately 16% of the countywide population growth). 45. Whatcom County, in consultation with cities, adopts a twenty-year county -wide employment forecast. In selecting a county -wide employment forecast, the county -wide population forecast, and the resulting ratio of forecast jobs to persons, should be compared to past levels and to desired policy objectives (WAC 365-196-310(4)(a)(iv)). 46. Whatcom County's historical employment rate since 1990 has fluctuated from a high of 52.4% in 2005 to a low of 45.6% in 2014 (Whatcom County Population and Employment Projections and Urban Growth Area Allocations - Phase I Technical Report (November 2013, p. 17) and Washington State Employment Security Department). State-wide employment rates have been in the range of approximately 47-50% since 1990 (Whatcom County Population and Employment Projections and Urban Growth Area Allocations - Phase I Technical Report (November 2013, p. 17). 47. Whatcom County policy objectives relating to employment include: a. Promoting a healthy economy providing opportunity for family wage jobs; b. Fostering a diverse, private -sector job base; Page 11 of 63 i• Fostering productive timber; agriculture, and fisheries industries in a sustainable manner; d. Encouraging growth of tourism, and recreational activities; e. Enhancing the economic trade, tourism, and industrial siting advantages of the county's location adjacent to the Canadian border; f. Support creation of job opportunities for local residents, especially family wage jobs to decrease unemployment and underemployment; and g. Supporting long-term employment efforts in the unincorporated areas of the county, including Point Roberts, Birch Bay, and east County. 48. WAC 365-196-310(2)(d) recognizes that the employment forecast is developed by the county at its discretion. 49. Whatcom County has reviewed the OFM population projections, historical employment/population ratios, city recommendations and policy objectives, and selects a future county -wide employment growth projection of 37,052. Chapter 2 — Land Use 50. GMA Planning Goal 1, relating to urban growth, is to `Encourage development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner." 51. GMA Planning Goal 2, relating to reducing sprawl, is to "Reduce the inappropriate conversion of undeveloped land into sprawling, low - density development." 52. The GMA, at RCW 36.70A.070(1), requires that a comprehensive plan must include: A land use element designating the proposed general distribution and general location and extent of the uses of land, where appropriate, for agriculture, timber production, housing, commerce, industry, recreation, open spaces, general aviation airports, public utilities, public facilities, and other land uses. The land use element shall include population densities, building intensities, and estimates of future population growth. The land use element shall provide for protection of the quality and quantity of groundwater used for public water supplies. Wherever possible, the land use Page 12 of 63 590 element should consider utilizing urban planning approaches that promote physical activity. Where applicable, the land use element shall review drainage, flooding, and storm water run-off in the area and nearby jurisdictions and provide guidance for corrective actions to mitigate or cleanse those discharges that pollute waters of the state, including Puget Sound or waters entering Puget Sound. Urban Growth Areas (UGAs) 53. The GMA, at RCW 36.70A.110(1), requires that a comprehensive plan must include urban growth areas within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature. 54. The GMA, at RCW 36.70A.110(2), also requires that: Based upon the growth management population projection made for the county by the office of financial management, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty-year period.... 55. The GMA, at RCW 36.70A.115, states: Counties and cities ... shall ensure that, taken collectively, adoption of and amendments to their comprehensive plans and/or development regulations provide sufficient capacity of land suitable for development within their jurisdictions to accommodate their allocated housing and employment growth, including the accommodation of, as appropriate, the medical, governmental, educational, institutional, commercial, and industrial facilities related to such growth, as adopted in the applicable countywide planning policies and consistent with the twenty-year population forecast from the office of financial management. 56. Washington Administrative Code 365-196-310 addresses UGAs. Washington Administrative Code 365-196-310(3) states, when designating urban growth areas: The designation process shall include consultation by the county with each city located within its boundaries. The adoption, review and amendment of the urban growth area should reflect a cooperative effort among jurisdictions to accomplish the requirements of the act on a regional basis, consistent with the county -wide planning policies... 57. There are a number of County -wide Planning Policies that apply to urban growth areas. County -wide Planning Policy C.2 states "The size Page 13 of 63 591 and location of Urban Growth Areas shall be consistent with adopted local policies and with the capital facilities plans." 58. City and County staff presented UGA proposals to the Whatcom County Planning Commission in July through September 2015 and to the County Council in January through February 2016. The UGA proposals included population growth allocations, employment growth allocations, and any UGA boundary changes. These proposals were informed by local policies and plans. 59. County -wide Planning Policy C.3b states that "The County and Cities shall develop a consistent approach to calculating the land supply needed within an urban growth area. This approach shall consider limitations imposed by critical area regulations, infrastructure needs, open space, existing uses, local market factors and the ability of the jurisdiction to provide services..." 60. The County and cities jointly developed a land capacity analysis methodology to estimate the population and employment capacity of each UGA. The County and cities used Geographic Information System software to inventory available lands and spreadsheets to calculate capacity in accordance with the methodology. City and County UGA proposals were informed by the land capacity analysis. 61. On a county -wide basis, the 2016 Comprehensive Plan Update/UGA Review modifies UGA acres (including land within cities) as follows: UGA Pre-2016 UGA Review Acres Post=2016 UGA Review Acres: Change Bellingham 23,172 23,172 0 Birch Bay 3,607 3,607 0 Blaine 4,071 4,071 0 Cherry Point 7,035 7,035 0 Columbia Valley 1,157 1,157 0 Everson 1,287 1,267 -20 Ferndale 5,869 5,986 117 Lynden 3,979 4,172 193 Nooksack 548 603 55 Sumas 959 959 0 TOTAL 51,6841 52,029 345 62. The County's population is projected to grow by 33.8% over the 23- year planning period. Prior to the 2016 UGA review, there were a total 51,684 acres in UGAs (including within cities). A total of 345 acres are added to UGAs in the 2016 UGA review. This constitutes a 0.7% increase in the land in UGAs on a county -wide basis. Future city land Page 14 of 63 592 use for the lands added to the UGAs is as follows: a. Residential: 155 acres (Lynden); b. Commercial: 117 acres (Ferndale); c. Industrial: 29 acres (Nooksack); and d. Public use: 44 acres (Lynden and Nooksack). Bellingham UGA 63. The Bellingham UGA was established in 1997. The Bellingham UGA was reduced in size in the 2009 UGA review, when the south Yew St area was re -designated from UGA to UGA Reserve. 64. The Bellingham UGA had an estimated 2013 population of 92,660. 65. City of Bellingham Resolution 2015-14, approved by the City Council on August 31, 2015, recommended a Bellingham UGA population growth allocation of 28,398 over the planning period. This is the medium allocation from Whatcom County Population and Employment Projections and Urban Growth Area Allocations - Phase I Technical Report (BERK, 2013). 66. City of Bellingham Resolution 2015-14 recommended a Bellingham UGA employment growth allocation of 22,641 over the planning period. This is the high allocation from Whatcom County Population and Employment Projections and Urban Growth Area Allocations - Phase I Technical Report (BERK, 2013). 67. City of Bellingham Resolution 2015-14 recommended no changes to the UGA boundary. 68. City of Bellingham Resolution 2015-14 recommended that the south Yew Street area should remain in the UGA Reserve. 69. City of Bellingham Resolution 2015-14 recommended that the south Caitac area should be designated as a UGA Reserve. 70. The Whatcom County Planning Commission recommended increasing the population growth allocation for the Bellingham UGA to 35,918 people to allow more people to live near work, thereby decreasing impacts to the transportation system and the environment. This allocation was included in the City of Bellingham's Resolution No. 2014-11 (which was later modified by Bellingham Resolution No. 2015-14) and Whatcom County Resolution 2014-013. This is the high allocation from Whatcom County Population and Employment Projections and Urban Growth Area Allocations - Phase I Technical Report (BERK, 2013). Page 15 of 63 593 71. The County Council determined that a population allocation of 31,050 is appropriate for the Bellingham UGA. This population allocation, which was studied in the Final EIS, is consistent with historical growth. On February 22, 2016, the Bellingham City Council directed City staff to use this population growth allocation in the update of the City of Bellingham Comprehensive Plan. 72. The land capacity analysis estimates that the existing Bellingham UGA can accommodate approximately 33,006 more people. The land capacity of the existing UGA is sufficient to accommodate the projected population growth over the planning period. 73. The Whatcom County Comprehensive Plan defines UGA Reserve as follows: These are areas that are adjacent and contiguous to Urban Growth Areas which appear to be suitable for future inclusion of the respective Urban Growth Area. These lands are held in reserve until it is demonstrated that they are needed for urban growth, and that consideration is given to ensuring adequate public facilities and services, reduction of sprawl, economic development, open space corridors and natural resource conservation. 74. Approximately 339 acres north of the City of Bellingham meets the above definition and, therefore, is being designated as a UGA Reserve. 75. The employment growth allocation for the Bellingham UGA over the planning period is an additional 22,641 jobs. The UGA can accommodate approximately 27,302 more jobs. 76. The City of Bellingham Water System Plan (2009) and the City of Bellingham Water System Plan Update (2013) indicate that the City maintains a water system consisting of an intake from Lake Whatcom, water treatment plant, pump stations, water reservoirs, and water lines. The City of Bellingham has adequate water rights to meet projected demand over the 20-year planning period. 77. The City of Bellingham Comprehensive Sewer Plan (2009) indicates that the City maintains a wastewater collection and conveyance system comprised of gravity sewers, pump stations, and force mains. The City of Bellingham operates a wastewater treatment plant, which is also utilized by the Lake Whatcom Water and Sewer District. It is projected that the Wastewater Treatment Plant will be able to accommodate planned growth over the 20-year planning period. 78. The City of Bellingham's Stormwater Comprehensive Plan was adopted in 2007. Page 16 of 63 594 79. The City of Bellingham Fire Department serves the area within the city limits and will serve the UGA upon annexation. Currently, the Bellingham Fire Department assists in providing service to the City's UGA through mutual aid response agreements with fire districts. The Draft Bellingham Comprehensive Plan Capital Facilities and Utilities Chapter (2016) addresses fire protection capital improvement projects. 80. The Bellingham School District serves the UGA and surrounding area. State figures show that, between 2007 and 2014, the student enrollment increased by a total of 3.4%. In November 2013, the voters of the District approved a $160 million bond to pay for capital facility improvements. The Bellingham School District No. 501 Capital Facilities Plan 2015-2021 was approved by the District in 2015. 81. The transportation chapter of the Bellingham Comprehensive Plan is currently being updated. The City adopted a Pedestrian Master Plan in 2012 and a Bicycle Master Plan in 2014. 82. The existing Bellingham UGA is sufficient to accommodate projected urban growth over the planning period. Therefore, the existing UGA boundary is retained. However, a 339 acre UGA Reserve is designated north of the city. Birch Bay UGA 83. The Birch Bay UGA was established in 1997. The Birch Point area and land south of Point Whitehorn were removed from the UGA when the Birch Bay Community Plan was adopted in 2004. The Birch Bay UGA was reduced further in the 2009 UGA review, when lands in the eastern part of the UGA were removed. 84. The Birch Bay UGA had an estimated 2013 population of 7,540. 85. The population growth allocation for the Birch Bay UGA over the planning period is an additional 5,282 people. The land capacity analysis estimates that the existing UGA can accommodate 5,250 more people. The land in the existing UGA is sufficient to accommodate the population growth allocation over the planning period. 86. The employment growth allocation for the Birch Bay UGA over the planning period is an additional 545 jobs. The land capacity analysis estimates that the existing UGA can accommodate approximately 589 more jobs. Therefore, the commercial land capacity of the existing UGA is sufficient to accommodate job growth over the planning period. Page 17 of 63 595 87. Birch Bay Water and Sewer District provides water service to the UGA. The District's Comprehensive Water System Plan was approved in 2009, amended in 2010 and currently in the process of being updated. 88. Birch Bay Water and Sewer District provides sewer service to the UGA. The District's Comprehensive Sewer System Plan was approved in 2009 and is currently in the process of being updated. 89. The Birch Bay Comprehensive Stormwater Plan was approved in 2006 (Resolution 2006-070). Additionally, the Birch Bay Central North Subwatershed Master Plan was completed in 2013 and the Birch Bay Central South Subwatershed Master Plan was completed in 2015. These subwatershed master plans were prepared for Whatcom County Public Works Department Stormwater Division and Birch Bay Watershed and Aquatic Resources Management District (BBWARM) and function as updates to the 2006 Stormwater Plan. These plans include an inventory of existing stormwater systems and facilities (ditches, pipes, catch basins), modeling of stormwater flows, identification of stormwater problems and recommended solutions including maintenance and capital improvement projects. 90. North Whatcom Fire and Rescue (Fire District 21) provides fire protection and emergency medical services to the Birch Bay UGA and surrounding area. The North Whatcom Fire & Rescue and Fire District # 4 Capital Facilities Plan was approved by the District Commissioners in 2016. 91. The Blaine School District serves the majority of the Birch Bay UGA. State figures show that, between 2007 and 2014, the student enrollment dropped by a total of 5.5%, although enrollment has been steady between 2012 and 2014. In February 2015, the voters of the District approved a $45 million bond to pay for capital facility improvements. The Blaine School District Capital Facilities Plan was approved by the District in 2015. 92, Blaine Rd. (SR 548) runs from the City of Blaine south through the UGA and connects with Grandview Rd. (also SR 548), which provides access to I-5. Birch Bay-Lynden Rd. also provides access from Birch Bay to I-5. Birch Bay Dr. runs along the Bay and provides access to recreational opportunities, condos, RV parks, and businesses located along the water. The County is planning the "Birch Bay Drive & Pedestrian Facility," which includes a berm to protect the roadway, improve pedestrian safety, and enhance shoreline access. Other near or medium term projects are included in the County's Six -Year Transportation Improvement Program. Longer term projects over the 20-year planning period are set forth in the Whatcom County Comprehensive Plan. Page 18 of 63 596 93. The existing Birch Bay UGA is sufficient to accommodate projected urban growth over the planning period. Therefore, the existing UGA boundary is retained. Blaine UGA 94. The Blaine UGA was established in 1997. The UGA was reduced in size in the 2009 UGA review. 95. The Blaine UGA had an estimated 2013 population of 5,171. 96. The population growth allocation for the Blaine UGA over the planning period is an additional 4,414 people. The land capacity analysis estimates that the existing UGA can accommodate 6,445 more people. 97. The employment growth allocation for the Blaine UGA over the planning period is an additional 2,097 jobs. The land capacity analysis estimates that the existing UGA can accommodate 2,687 more jobs. 98. In the mid-1990s, Blaine coordinated with a major development firm and local property owners to annex land in "East Blaine" under the intention of constructing a community similar to Semiahmoo. At that time, Semiahmoo was ten years old and was well underway to being the community it is today. The idea of a second residential resort community was highly attractive. Unfortunately, soon after the annexation, the development group moved on and the project dissolved. Since then various properties in East Blaine have changed hands multiple times, and development has been very slow to materialize. East Blaine represents a large share of the City's potential residential capacity. In 2010, the City approved "East Maple Ridge" a residential development with over 350 units in a mix of traditional, small lot, cottage and multi -family units. In 2011, the City approved "Grandis Pond" a residential community of over 1,000 units in a similar mix of housing types and neighborhood commercial. Prior to the approval of these projects the City adopted the East Blaine Infrastructure Plan to coordinate water, sewer, electric, and stormwater service to the area. However, infrastructure service to the area is costly to construct and development of either project will require a robust housing market to support the cost of infrastructure. In the meantime, these properties inside the City limits sit idle, but contribute to the "land capacity" of the UGA. 99. Blaine has a shortage of serviced lots outside of Semiahmoo where properties are high priced, serving only a slim market segment. Outside of Semiahmoo, Blaine has less than two years of residential capacity with few opportunities for future subdivisions in the existing sanitary sewer service area. Blaine is on the verge of having no entry level market priced residential lots ready for construction. A solution Page 19 of 63 597 to the challenge has not been developed. Blaine has planned for service extension into East Blaine. Another option is expanding services into the UGA east of the City where topography and existing systems make provision of water and sewer service simple and cost- effective. 100. The City of Blaine is updating its Comprehensive Water System Plan and anticipates completion in 2016. The City of Blaine Comprehensive Water System Plan (2009) indicates that the City maintains a water system consisting of wells, a water treatment plant, booster pumps, water storage reservoirs, and water lines. The City provides service throughout the current City Limits, with the exception of a few parcels that are presently served by the Birch Bay Water and Sewer District. The City also serves the Pipeline Road UGA, but service to the Shipyard UGA is by Birch Bay Water and Sewer District. The City of Blaine has adequate water rights to meet projected demand over the 20-year planning period. 101. The City of Blaine General Sewer Plan (2004, revised 2005) and associated Technical Memorandum (2016) indicate that the City of Blaine maintains a wastewater collection and conveyance system comprised of gravity sewers, pump stations, and force mains. Blaine has made significant infrastructure investments in the last decade. The largest project has been the development of the Lighthouse Point Water Reclamation Facility. Lighthouse Point is a state of the art water reclamation facility delivering Class A water to customers when there is demand. This high -quality water is discharged to Semiahmoo Bay when demand for reclaimed water does not exist. 102. The City addresses stormwater on a project -by -project basis and coordinates upgrades to the municipal system with road improvement projects. The City's budget does not allow updating the Stormwater Management Plan (1995) prior to the 2016 comprehensive plan update. It is projected to occur in the next 2-3 years. The City voluntarily uses the 2014 Department of Ecology Stormwater Manual, which is the highest standard for stormwater management. This coupled with a project level review ensures effective stormwater management. 103. North Whatcom Fire and Rescue (Fire District 21) provides fire protection and emergency medical services to the Blaine UGA and surrounding area. The North Whatcom Fire & Rescue and Fire District # 4 Capital Facilities Plan was approved by the District Commissioners in 2016. 104. The Blaine School District serves the UGA and surrounding area. State figures show that, between 2007 and 2014, the student enrollment dropped by a total of 5.5%, although enrollment has been steady Page 20 of 63 between 2012 and 2014. In February 2015, the voters of the District approved a $45 million bond to pay for capital facility improvements. The Blaine School District Capital Facilities Plan was approved by the District in 2015. 105. The City of Blaine contracted with the Transpo Group LLC to assist with updating the City's transportation element, which was adopted as part of its Comprehensive Plan in 2016. The transportation analysis indicated that all City roadways and state highways within the UGA will operate at the City's adopted LOS D or better during the planning period. The analysis identified a number of improvement projects that could enhance system function, but not are mandatory based on the adopted LOS. The City's update includes a transportation concurrency ordinance to monitor the transportation system and the impacts of development. 106. The existing Blaine UGA can accommodate projected urban growth over the planning period. In light of the issues of servicing land in East Blaine, the existing UGA (which was significantly reduced in size in the 2009 UGA review) is retained. Cherry Point UGA 107. The Cherry Point Major/Port Industrial UGA was established in 1997 when the Whatcom Comprehensive Plan was adopted. The Cherry Point UGA boundaries did not change in the 2009 UGA review. 108. The Cherry Point area has been developed with heavy industrial uses, including two oil refineries and an aluminum smelter. The Cherry Point area was designated for industrial uses on the 1970 Comprehensive Plan map and the 1981 Cherry Point/Ferndale Subarea Plan. 109. The Cherry Point UGA zoning generally does not allow residential development. 110. The employment growth allocation for the Cherry Point UGA over the planning period is an additional 890 jobs. The land capacity analysis estimates the existing UGA can accommodate 951 more jobs. 111. County -wide Planning Policy I-2 states that: Economic development that pays family wage rates should be encouraged. Industrial land designations must be sufficient to permit the concentration of industry in appropriate locations beyond 20 years..." 112. There is a degree of tension between the GMA provisions requiring a 20-year land supply to accommodate urban growth and the County- wide Planning Policy, which calls for land designations to accommodate Page 21 of 63 599 industrial growth beyond the 20-year planning period. The County is addressing this situation with the following approach. First, the County is proposing the high employment growth allocation for the Cherry Point UGA. The high employment growth projection is 890 new jobs over the planning period, compared to 689 new jobs under the medium projection (Whatcom County Population and Employment Projections and Urban Growth Area Allocations Phase I Technical Report, BERK, 2013). Second, the land capacity analysis estimates that the existing Cherry Point UGA can accommodate 61 more jobs than the high projection. This approach seeks to comply with the GMA, while still meeting the intent of the County -wide Planning Policies. While it is important to ensure that UGAs are not oversized in order to contain urban growth and prevent sprawl, it also must be acknowledged that it is difficult to plan for exactly a 20-year land supply. Therefore, land capacity that is a little under or over the 20- year growth projection is acceptable. In this case, the UGA's land capacity is slightly over the 20-year urban growth projection. The County finds that this is a reasonable approach in light of County -wide Planning Policy I-2 and in the context of maintaining a UGA boundary that has existed for almost two decades (rather than expanding the UGA). 113. Public Utility District No. 1 of Whatcom County delivers industrial water supplies to existing major industrial facilities at Cherry Point. The PUD No. 1 Comprehensive Water Plan was approved in 2004 and is currently in the process of being updated. The Birch Bay Water and Sewer District provides potable water service to the BP Cherry Point Refinery by agreement. The District's Water System Plan was approved in 2009, amended in 2010 and currently in the process of being updated. Phillips 66 and Intalco Aluminum have water systems to treat water received from PUD No. 1 to meet their potable water needs. It is anticipated that PUD No. 1 will have a surplus water supply throughout the 20-year planning period (Final EIS, Whatcom County 2016 Comprehensive Plan and Development Regulations Update and Urban Growth Area Review, November 2015, p. 3-26). 114. Birch Bay Water and Sewer District provides sewer service to the BP Cherry Point Refinery, in the northern portion of the UGA, by agreement. The District's Comprehensive Sewer System Plan was approved in 2009. The District is currently updating the sewer plan. 115. The major industries at Cherry Point have National Pollutant Discharge Elimination System (NPDES) permits. According to the U.S. Environmental Protection Agency (EPA), NPDES permits are designed (among other things) to prevent stormwater runoff from washing harmful pollutants into surface waters such as streams, rivers, lakes and coastal waters. These permits are issued in compliance with both the Federal Clean Water Act and the State of Washington Water Page 22 of 63 •11 Pollution Control Law (RCW 90.48). The Birch Bay Comprehensive Stormwater Plan was approved in 2006. This plan states "... A portion of the Cherry Point Refinery facility operated by BP Corporation lies within the Upper Terrell Creek sub -basin. Portions of the Cherry Point Refinery, including on -site ponds, discharge through a permitted deep water outfall into the salt water and not to Terrell Creek..." 116. Whatcom County Fire District # 7 provides fire protection and emergency medical services to the UGA. The Whatcom County Fire District No. 7 Capital Facilities Plan 2016-2036 was approved by the District Commissioners in 2016. 117. The Cherry Point UGA is within the Blaine and Ferndale School Districts. However, it an industrial UGA that does not include residential zoning. 118. Grandview (SR 548) and Slater roads, which are major east -west connectors between Cherry Point and I-5, provide all-weather road access to Cherry Point. According to the Washington State Department of Transportation, improvements are planned at the Grandview/Kickerville Rd. intersection in 2017 to reduce the potential for collisions. Whatcom County's Six -Year Transportation Improvement Program includes preliminary engineering for intersection improvements at Slater and Northwest Dr. 119. The existing Cherry Point UGA is sufficient to accommodate projected urban growth over the planning period. Therefore, the existing UGA boundary is retained. Columbia Valley UGA 120, The Columbia Valley UGA was established in 1999. The UGA was reduced in size in the 2009 UGA review, when properties in the Kendall area were removed from the UGA. 121. The Columbia Valley UGA had an estimated 2013 population of 3,103. 122. The population growth allocation for the Columbia Valley UGA over the planning period is an additional 1,345 people. The land capacity analysis estimates that the existing UGA can accommodate 1,377 more people. Therefore, the land capacity is sufficient to accommodate the population growth allocation over the planning period. 123. The employment growth allocation for the Columbia Valley UGA over the planning period is an additional 359 jobs. The land capacity analysis estimates the existing UGA can accommodate 376 more jobs. Therefore, the commercial and planned industrial land capacity is Page 23 of 63 601 sufficient to accommodate the job growth allocation over the planning period. 124. Water District 13 and the Columbia Valley Water District provide water service to the UGA. District 13's service area encompasses the Peaceful Valley development, the East Whatcom Regional Resource Center and undeveloped land within the UGA. District 13 adopted a Small Water System Plan in 2012. The Columbia Valley Water District's service area includes the Paradise Lakes development, Campers' Paradise and the area north of Limestone Rd. The Columbia Valley Water District's Water System Plan Update was approved by the District in 2013. 125. Water District 13 provides sewer service to a portion of the UGA. District 13's service area encompasses the Peaceful Valley development, the East Whatcom Regional Resource Center and undeveloped land within the UGA. The Whatcom County Water District No. 13 Comprehensive Sewer Plan was approved by the District in 2012. 126. A Water Quantity and Quality Report - Foothills Subarea was prepared in 2008 in association with the Foothills Subarea Plan update and environmental impact statement (EIS). Regarding public stormwater facilities, this report states: In the Columbia Valley/Kendall UGA coarse soils allow for ready infiltration of stormwater and there are no existing public stormwater flow control facilities (e.g., detention/retention or infiltration ponds) or water quality treatment facilities. Limited conveyance features (e.g., culverts and ditches) are present in the county and state road rights -of -way. Since most, if not all, proposed development in the subarea will be private, additional pressure on these existing features should be minimal. It is not anticipated that any programs or capital facility improvements will be needed in the subarea over the 6- and 20-year planning periods (pages 2-3). 127. Fire District 14 provides fire protection and emergency medical services to the Columbia Valley UGA and surrounding area. The Whatcom County Fire District # 14 Capital Facilities Plan was approved by the District Commissioners in 2015. 128. The Mount Baker School District serves the Columbia Valley UGA and surrounding area. Children in the UGA can attend the Kendall Elementary School, located south of the UGA. The Mount Baker Junior High School and High School are located in Deming. State figures show that, between 2007 and 2014, the student enrollment dropped by a total of 15.5%, although enrollment has experienced little change Page 24 of 63 602 been 2012 and 2014. The Mount Baker School District Capital Facilities Plan was approved by the District in 2013. 129. Kendall Road (SR 547) bisects the UGA and connects with Sumas to the northwest and Mount Baker Highway (SR 542) to the south. Limestone Rd., a County road, is located in the northern portion of the UGA. A roundabout at the SR 542/SR547 intersection, south the UGA, was constructed in 2015 to improve traffic flow and safety. 130. The existing Columbia Valley UGA is sufficient to accommodate projected urban growth over the planning period. Therefore, the existing UGA boundary is retained. Everson UGA 131. The Everson UGA was established in 1997. The UGA was reduced in size in the 2009 UGA review, when portions of the UGA were re- designated to Rural and Agriculture and a UGA Reserve was established. 132. The Everson UGA had an estimated 2013 population of 2,665. 133. The City of Everson is proposing one change to its UGA. This change would shift approximately 20 acres, which includes two split - jurisdiction parcels, from the Everson UGA to the Nooksack UGA. This change would allow these properties to be developed for urban uses within a single municipality, while establishing a logical UGA boundary. 134. The population growth allocation for the Everson UGA over the planning period is an additional 1,242 people. The land capacity analysis estimates that the modified UGA can accommodate 1,305 more people. 135. The employment growth allocation for the Everson UGA over the planning period is an additional 602 jobs. The land capacity analysis estimates that the modified UGA can accommodate 758 more jobs. 136. The City of Everson Water System Comprehensive Plan (2013) and the City of Everson Water System Comprehensive Plan Amendment No. 1 (2015) indicate that the City of Everson maintains a water system consisting of a well field, water treatment facilities, booster pumps, water reservoirs, and water lines. The City of Everson's water system has source capacity to meet the projected need over the 20-year planning period. 137. The City of Everson General Sewer Plan (2012) indicates that the City of Everson maintains a wastewater collection and conveyance system comprised of gravity sewers, pump stations, and force mains. The Page 25 of 63 603 City of Everson operates a wastewater treatment plant, which is also utilized by the City of Nooksack. The Everson Wastewater Treatment Plant is being upgraded in 2016 to increase capacity to accommodate projected growth for both cities over the 20-year planning period. 138. Stormwater is addressed in the City of Everson Comprehensive Plan (2016). The City of Everson has also adopted the 2014 Department of Ecology Stormwater Manual. 139. Fire District 1 provides fire protection and emergency medical services to the Everson UGA and the surrounding area. The Whatcom County Fire District # 1 Capital Facilities Plan was approved by the District Commissioners in 2015. 140, The Nooksack Valley School District serves the Everson UGA and surrounding area. State figures show that, between 2007 and 2014, the student enrollment dropped by a total of 4.3%, although enrollment has been relatively steady over the last several years. In February 2015, the voters of the District approved an almost $28 million bond to pay for capital facility improvements. 141. Capital facilities related to the City of Everson's transportation system are addressed in the capital facilities and transportation elements of the City's 2016 comprehensive plan update. 142. The Everson UGA is reduced in size by approximately 20 acres as proposed by the City of Everson. The land capacity of the modified UGA is sufficient to accommodate urban growth over the planning period. Ferndale UGA 143. The Ferndale UGA was established in 1997. The Ferndale UGA was reduced in size in the 2009 UGA review. 144. The Ferndale UGA had an estimated 2013 population of 12,758. 145. The population growth allocation for the Ferndale UGA over the planning period is an additional 6,833 people. The land capacity analysis estimates that the existing UGA can accommodate 6,538 more people. 146. The employment growth allocation for the Ferndale UGA over the planning period is an additional 4,000 jobs. The land capacity analysis estimates that the existing UGA can accommodate 3,584 more jobs. Page 26 of 63 M 147. The City of Ferndale is proposing to expand the UGA into the UGA Reserve (in the I-5/Slater Rd. area) in order to provide additional land capacity to accommodate projected employment growth. The land capacity analysis estimates the proposed UGA, with the addition of the UGA Reserve, can accommodate approximately 3,807 more jobs. Therefore, the land capacity would be sufficient to accommodate employment growth over the planning period, if the UGA Reserve were added to the UGA. 148. Approximately 117 acres located southeast of the City is re -designated from UGA Reserve to UGA. The criteria for re -designation from UGA Reserve to UGA are addressed as follows: a. Need for Land Capacity - As indicated above, lands in the City and existing UGA fall short of accommodating the employment growth allocation. Therefore, adding land to the UGA is appropriate. b. Adequate Public Facilities and Services - As indicated below, the City of Ferndale and special districts have updated capital facility plans. c. Land Use Plans - The County comprehensive plan designation is UGA. The City of Ferndale's comprehensive plan designation will be Commercial. d. Natural Resource Lands - There are no resource lands within or adjacent to the subject site. e. Environment - Both the City of Ferndale and Whatcom County have critical areas ordinances and stormwater rules in place. Open Space Corridors - The City of Ferndale's UGA Proposal (August 2015), states: ... In accordance with RCW 36.70A.160, the City of Ferndale has contacted the City of Bellingham and the Lummi Nation. RCW 36.70A.160 states that jurisdictions planning pursuant to the Growth Management Act must identify open space corridors within and between UGA's. Both the City of Ferndale and Bellingham have open space plans. In this area, the jurisdictions have discussed the fact that the existing Slater Road right of way, at 150', is nearly twice as wide as will be required for current and projected future growth. The large right of way will enable the two jurisdictions to establish trails and/or separated bicycle lanes together with unique landscaping elements that identify the separation between the two jurisdictions. While the specific design of these elements has Page 27 of 63 605 not been agreed to by the two cities, Ferndale believes that this open space corridor is more than sufficient to meet the requirements of the RCW .. . 149. The City of Ferndale Water System Plan (2016) indicates that the City maintains a water system consisting of wells, a water treatment plant, water reservoirs, pump stations, a pressure booster station, and water lines. In December 2011, Ferndale converted to a groundwater supply with greensand filtration for its drinking water. Previous to this, it purchased industrial grade water from PUD No.1 and treated the water at its own surface water treatment plant. In October 2014, Ferndale added a reverse osmosis system to treat its groundwater supply to reduce hardness. The city has adequate water rights to meet the needs of population growth over the 20 year period. Additionally, sufficient capacity exists to serve full buildout of the UGA expansion area. A 12" City of Ferndale water main has been extended to the southeast corner of properties within the City limits that abut the UGA expansion area. 150. The City of Ferndale Comprehensive Sewer Plan (2016) indicates that the City of Ferndale maintains a wastewater collection and conveyance system comprised of gravity sewers, pump stations, and force mains. The City of Ferndale also operates a wastewater treatment plant. The City of Ferndale plans a major sewer treatment plant upgrade by 2020. As planned, this upgrade will be sufficient to support growth forecast within the planning period and beyond. Within the UGA expansion area sufficient sewer capacity exists, or will exist at the time the properties are annexed into the City, because of the planned sewer treatment plant expansion to be completed by 2020. Sewer mains established to the northwest of the properties are sufficient to support expected sewer flows, and the City's sewer comprehensive plan has modeled the area to verify that sewer flows can be conveyed to these lines without the need for pump stations. 151. All development, including land within the UGA expansion area upon annexation, will be required to meet the City's stormwater standards and the 2014 Department of Ecology Stormwater Manual. 152. Whatcom County Fire District 7 serves the City of Ferndale and surrounding area. The Whatcom County Fire District No. 7 Capital Facilities Plan 2016-2036 was approved by the District Commissioners in 2016. Page 28 of 63 •1. 153. The Ferndale School District serves the UGA and surrounding area. State figures show that, between 2007 and 2014, the student enrollment dropped by a total of 1.9%, although enrollment has been relatively steady over the last several years. The Ferndale Schools Capital Facilities Plan and School Impact Fee Ordinance was approved by the District in 2013. 154. The City of Ferndale worked with a consultant to update the City's Transportation Plan as part of its 2016 comprehensive plan update process. The City has modeled future development of the UGA expansion area and has concluded that transportation improvements necessary to support future growth are consistent with the City's established Transportation Element. In July 2015, Washington State earmarked over $20 million for improvements to the interchange - improvements that become necessary as growth occurs. The City expects to work with other agency stakeholders to determine those projects necessary to serve future growth occurring during the planning period that may impact traffic at Exit 260. 155. The Ferndale UGA is expanded into the UGA Reserve southeast of the City to provide additional employment growth capacity. With this expansion, the UGA is sufficient to accommodate projected urban growth over the planning period. Lynden UGA 156. The Lynden UGA was established in 1997. The Lynden UGA was expanded, and a UGA Reserve added, in the 2009 UGA review. 157. The Lynden UGA had an estimated 2013 population of 12,872. 158. The population growth allocation for the Lynden UGA over the planning period is an additional 6,403 people. The land capacity analysis estimates that the existing UGA can accommodate 5,385 more people. The residential land capacity falls short of accommodating the population growth allocation. 159. The City of Lynden is proposing to expand the UGA into the UGA Reserve (155 acres) in order to provide sufficient land supply to accommodate projected population growth. The land capacity analysis estimates the proposed UGA, with the addition of the UGA Reserve, can accommodate 6,472 more people. Therefore, the residential land capacity would be sufficient to accommodate population growth over the planning period, if the UGA Reserve were added to the UGA. Page 29 of 63 607 160. The City of Lynden is proposing three changes to its urban growth area UGA boundaries. These changes are: a. Re -designating approximately 155 acres, located northwest of the City, from UGA Reserve to UGA. b. Re -designating approximately 0.4 acres, south of the City, from Agriculture to UGA. The southern half of this parcel is within the 100-year flood -plain of the Nooksack River. Therefore, pursuant to RCW 36.70A.110(8)(b)(iii)(C), development rights will be extinguished and uses on this portion of the property will be limited to outdoor recreation, environmentally beneficial projects, storm water facilities, flood control facilities or underground conveyances. An Irrevocable Covenant must be recorded with the Whatcom County Auditor to accomplish these purposes. c. Re -designating approximately 38 acres, located southwest of the City, from Agriculture to UGA. This parcel is owned by the City and used for regional stormwater detention. This parcel is located within the 100-year flood -plain of the Nooksack River. Therefore, pursuant to RCW 36.70A.110(8)(b)(iii)(C), uses of the property will be limited to outdoor recreation, environmentally beneficial projects, storm water facilities, flood control facilities or underground conveyances. An Irrevocable Covenant must be recorded with the Whatcom County Auditor to accomplish these purposes. 161. Approximately 155 acres located northwest of the City is re- designated from UGA Reserve to UGA. The criteria for re -designation from UGA Reserve to UGA are addressed as follows: a. Need for Land Capacity - As indicated above, the lands in the City and existing UGA fall short of accommodating the population growth allocation. Therefore, adding land to the UGA is appropriate. b. Adequate Public Facilities and Services - As indicated below, the City of Lynden and special districts have updated capital facility plans or supplemented these existing plans with technical memorandums. c. Land Use Plans - The County comprehensive plan designation is UGA. The City of Lynden will likely designate the land for residential use. d. Natural Resource Lands - There are designated Agricultural lands to the west and north of the subject property. An Interlocal Agreement Between the City of Lynden and Whatcom County Page 30 of 63 .1: concerning Planning, Annexation and Development within the Lynden UGA was approved by both jurisdictions in 2012. Section 11 of the Interlocal Agreement addresses Agricultural Resource Lands. Additionally, the City of Lynden's UGA Proposal (July 2015) states that the City has adopted a Right -to -Farm' ordinance and continues to search for answers related to agricultural setbacks. The City will also be considering the establishment of minimum residential densities as it updates the comprehensive plan and zoning ordinance during this cycle ..." e. Environment - Both the City of Lynden and Whatcom County have critical areas ordinances and stormwater rules in place. Open Space Corridors - The City of Lynden's UGA Proposal (July 2015), states: ... The addition of this area between Double Ditch Road and SR 539 makes sense for the City's long term capital facilities planning. The development of Pepin Creek between Benson and Double Ditch Roads is a regional solution for habitat improvement, by moving fish bearing waters away from roadways; recreation, by including a trail along the new creek; and stormwater management by building flood storage capacity into the design of the creek. As a regional solution, the City must be able to plan for the area to be served. The improvements to Double Ditch Road that will be necessary to support the urban levels of development will require the City to be able to work with property owners on both sides of the road to design and finance the project.. . 162. The approximately 0.4 acre site located south of the City is re- designated from Agriculture to UGA. The Agriculture de -designation criteria are addressed as follows: a. Characterized by Urban Growth - The GMA states that "characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth" (RCW 36.70A.030(19)). The subject parcel, accessed from C Street and Kok Road, was formerly the site of the City's waste water treatment plant and was recently declared as surplus and sold to an adjoining property owner for re -development. The majority of the parcel is already within the City limits. However, the 0.4 acre remnant of the parcel was not included in the legal description for the annexation in 1967. Residential development exists in the City of Lynden north and west of the subject parcel. Page 31 of 63 e Within 1/4 mile of the site, there are 124 single family residences, multi -family condos (containing 63 units), a duplex, the Fairgrounds, auto parking, and a retail/office site. Urban growth is located in the vicinity of the subject site. b. Commercial Production of Agricultural Products - The subject site is not currently used for agriculture, but does contain agricultural soils. Long Term Commercial Significance for Agriculture - The subject site is bounded by city limits on the west and UGA on the north. The site is not enrolled in the current use tax classification under RCW 84.34. Residential development exists in the City of Lynden north and west of the subject parcel. Within 1/4 mile of the site, there are 124 single family residences, multi -family condos (containing 63 units), a duplex, the Fairgrounds, auto parking, and a retail/office site. Public water and sewer are located nearby in the city limits. Finally, the small size of the subject site does not lend itself to conducting commercial agricultural practices over the long term. Based upon these factors, the subject site is not of long- term commercial significance for agriculture. 163. The approximately 38 acre parcel located southwest of the City is re- designated from Agriculture to UGA. The Agriculture de -designation criteria are addressed as follows: a. Characterized by Urban Growth - The GMA states that "characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth" (RCW 36.70A.030(19)). The subject parcel, accessed from Flynn Rd., currently contains a City stormwater facility. Residential development exists in the UGA north of the subject parcel. Within 1/4 mile of the site, there are 25 single family residences and a retail property. The primary condition that has changed for this parcel since it was designated as agricultural land, is the construction of a regional stormwater detention facility and the subsequent purchase of the property by the City of Lynden. The construction of the pond was permitted by Whatcom County in 2002 while the property was in private ownership. After the construction of the facility, the ownership was transferred to the City of Lynden and is being paid for by a local improvement district assessment. Urban growth is located on the subject site and nearby in the City of Lynden and UGA. b. Commercial Production of Agricultural Products The subject site currently has some agriculture use and contains agricultural soils. Page 32 of 63 610 c. Long Term Commercial Significance for Agriculture - The subject site is bounded on the north by the UGA, which is zoned Urban Residential. The site is not enrolled in the current use tax classification under RCW 84.34. A City of Lynden stormwater pond occupies a portion of the subject site, and the site is owned by the City. Residential development exists to the north in the UGA. Urban land uses exist to the northeast in the City of Lynden. Within 1/4 mile of the site, there are 25 single family residences and a retail property. Based upon these factors, the subject site is no longer of long-term commercial significance for agriculture. 164. The employment growth allocation for the Lynden UGA over the planning period is an additional 2,157 jobs. The land capacity analysis estimates the existing UGA can accommodate approximately 1,694 more jobs. The City of Lynden's UGA Proposal (2015) indicates that some larger employers are not located within areas of commercial or industrial zoning. Two new schools will be constructed in the near future. Additionally, assisted living and skilled nursing facilities also have a fairly high employment density. As the population ages, Lynden continues to be a site where many seniors are retiring and the demand for care based housing will increase. 165. The City of Lynden has a contract with a consultant to update its Water Comprehensive Plan and the work on this plan will be finished in 2016. Because the Water Comprehensive Plan update has not yet been completed, the City's consultant issued a Technical Memorandum (June 2016) addressing capital facility planning for water service. The City of Lynden maintains a water system consisting of a Nooksack River water intake structure, water treatment plant, booster pumps, water reservoirs and water lines. The City's new 8 million gallon per day Water Treatment Plant went online in September 2015. The new plant doubles treatment capacity includes grit removal and sedimentation basins equipped with plate settlers to handle the heavy sediment load from the Nooksack River. The facility also features high rate deep bed gravity filters, and a combination of UV disinfection and chlorine to disinfect the water. The City believes it has adequate water supply to meet the needs of population growth over the 20 year period. However, the City of Lynden and the Department of Ecology have different interpretations of Lynden's water rights. Therefore, Lynden and Ecology entered into a Memorandum of Agreement in 2004 and agreed to work cooperatively toward water right solutions for the City. 166. The City of Lynden has a contract with a consultant to update its Sanitary Sewer Comprehensive Plan and the work on this plan will be finished in 2016. Because the Sewer Plan update has not yet been completed, the City's consultant issued a Technical Memorandum (June 2016) addressing capital facility planning for sewer service. Page 33 of 63 611 The City of Lynden maintains a wastewater collection and conveyance system consisting of gravity sewers, pump stations, and force mains. The City of Lynden also operates a wastewater treatment plant that includes an influent pump station, headworks with screens and grit removal, anoxic selector tanks, oxidation ditches, secondary clarifiers, effluent cloth disc filters, UV disinfection system, effluent Parshall flume, effluent pump station, sludge thickening and digestion, sludge dewatering, and composting facilities. It is projected that the Wastewater Treatment Plant will be able to accommodate planned growth over the 20-year planning period. 167. The City of Lynden's consultant issued a Technical Memorandum and an associated stormwater capital improvement plan in June 2016. 168. The City of Lynden Fire Department serves area within the city limits and will serve the UGA. Currently, the City of Lynden Fire Department assists in providing service to the City's UGA through mutual aid and automatic aid agreements with North Whatcom Fire and Rescue. The City of Lynden Fire Department Capital Facilities Plan was approved by the Lynden City Council in 2016. 169. The Lynden School District serves the UGA and surrounding area. State figures show that, between 2007 and 2014, the student enrollment has remained relatively consistent. In April 2015, the voters of the District approved a $48 million bond to pay for capital facility improvements. The Lynden School District Capital Facilities Plan was approved by the District in 2016. 170. The City of Lynden has a contract with a consultant to update the Transportation Plan and the work on this plan will be completed in 2016. This plan will include the UGA and will reflect all infrastructure needs and a financing plan to complete those projects. 171. The Lynden UGA is expanded by approximately 193.4 acres as proposed by the City to provide additional population growth capacity and bring City owned property and infrastructure into the UGA. With this expansion, the UGA will be sufficient to accommodate projected urban growth over the planning period. Nooksack UGA 172. The Nooksack UGA was established in 1997. The UGA was reduced in size in the 2009 UGA review, when a portion of the UGA was re- designated to UGA Reserve. 173. The Nooksack UGA had an estimated 2013 population of 1,435. Page 34 of 63 612 174. The population growth allocation for the Nooksack UGA over the planning period is an additional 990 people. The land capacity analysis estimates the existing UGA can accommodate 948 more people. 175. The employment growth allocation for the Nooksack UGA over the planning period is an additional 115 jobs. The land capacity analysis estimates the existing UGA can accommodate 62 more jobs. The land capacity analysis estimates that there are only 2.5 net developable acres of industrial land in the city and existing UGA. The land capacity of the existing UGA falls short of accommodating the employment growth allocation. 176. The City of Nooksack is proposing to expand the UGA in order to provide sufficient land capacity to accommodate projected urban growth. The land capacity analysis estimates the proposed UGA can accommodate 1,001 more people and 106 more employees. Therefore, the land capacity would be sufficient to accommodate population and employment growth over the planning period, if the UGA were expanded. 177. The City of Nooksack is proposing four changes to its UGA and UGA Reserve boundaries. These changes are: a. Re -designating approximately 20 acres from Everson UGA to Nooksack UGA, south of the City. b. Re -designating approximately 6 acres from Agriculture to UGA. This parcel, which abuts the Nooksack Valley Middle School, is owned by the Nooksack Valley School District and is planned for future ball fields. This parcel is located within the 100-year flood - plain of the Nooksack River. Therefore, pursuant to RCW 36.70A.110(8)(b)(iii)(C), development rights must be extinguished and uses of the property must be limited to outdoor recreation, environmentally beneficial projects, storm water facilities, flood control facilities or underground conveyances. An Irrevocable Covenant must be recorded with the Whatcom County Auditor to accomplish these purposes. c. Re -designating approximately 29 acres from Agriculture to UGA to accommodate future industrial growth. This area is located north of Tom Road adjacent to the State Highway. Less than 1 acre of this area is located within the 100-year floodplain of the Nooksack River. Therefore, pursuant to RCW 36.70A.110(8)(b)(iii)(C), development rights must be extinguished and uses of the portion of the property within the floodplain must be limited to outdoor recreation, environmentally beneficial projects, storm water facilities, flood control facilities or underground conveyances. An Page 35 of 63 613 Irrevocable Covenant must be recorded with the Whatcom County Auditor to accomplish these purposes. d. Re -designating approximately 81 acres from UGA Reserve to Agriculture east of the city. In 2009, this area was shifted from UGA to UGA Reserve due to concerns related to potential impacts from naturally occurring asbestos contained in sediments from Swift Creek. It is acknowledged that the City of Nooksack UGA Proposal (August 2015) states: ... It is important to emphasize that the removal of land from the Nooksack UGA Reserve is being proposed in combination with and in exchange for the above described UGA expansions. Therefore, in the event the exchange described herein is found not to be acceptable to the County, then the proposed removal of land from the Nooksack UGA Reserve should be considered withdrawn. Under such a circumstance, the City of Nooksack would continue to work with the County to pursue a comprehensive solution to the Swift Creek sediment issue that would allow the Nooksack UGA Reserve to be safely developed. . (p. 9). 178. Approximately 20 acres are re -designated from Everson UGA to Nooksack UGA, south of the City. This area includes two split - jurisdiction parcels. This change would allow these properties to be developed for urban uses within the City of Nooksack rather than in two jurisdictions. 179. The approximately 6-acre parcel owned by the School District is re- designated from Agriculture to UGA. The Agriculture de -designation criteria are addressed as follows: a. Characterized by Urban Growth - The GMA states that "characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth" (RCW 36.70A.030(19)). The subject parcel does not contain urban growth within its boundaries. However, the City of Nooksack is adjacent to the east and the City of Everson is adjacent to the south. The Nooksack Middle School is directly to the east of the site, single family residential development is located to the northeast, and residential development (which includes multi -family housing) is located to the south. Within 1/4 mile of the site, there are 138 single family residences, a duplex, two fourplexes, condominiums (21 units), and a retail site. Urban growth is located adjacent to the subject site. Page 36 of 63 614 b. Commercial Production of Agricultural Products - The subject site contains agricultural soils. The subject site is used or capable of being used for agricultural production. c. Long Term Commercial Significance for Agriculture - As previously mentioned, the subject site is bounded by city limits on the east and the south. The site is not enrolled in the current use tax classification under RCW 84.34. The cities of Everson and Nooksack have a history of issuing development permits nearby. The Nooksack Middle School is directly to the east of the site, single family residential development is located to the northeast, and residential development (which includes multi -family housing) is located to the south. Within 1/4 mile of the site, there are 138 single family residences, a duplex, two fourplexes, condominiums (21 units), and a retail site. Public water and sewer are located nearby in the city limits. Based upon these factors, the subject site is no longer of long-term commercial significance for agriculture. 180. The approximately 29-acre area north of the City is re -designated from Agriculture to UGA. The Agriculture de -designation criteria are addressed as follows: a. Characterized by Urban Growth - The GMA states that "characterized by urban growth" refers to "... land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth" (RCW 36.70A.030(19)). The subject parcel does not contain urban growth within its boundaries. However, the City of Nooksack is adjacent to the east and to the south. A state highway, public utilities, single family residential development and railroad tracks exist immediately to the east. Land that is farmed (inside the city limits) and single family residential development is to the south. Within 1/4 mile of the site, there are 59 single family residences, five duplexes, one fourplex, and a church. Urban growth is located adjacent to the subject site. b. Commercial Production of Agricultural Products - The subject site contains agricultural soils. The subject site is used or capable of being used for agricultural production. Long Term Commercial Significance for Agriculture - As previously mentioned, the subject site is bounded by city limits on the east and the south. State Route 9 abuts the eastern boundary of the site and Tom Rd. abuts the southern boundary of the site. Various city streets are in the surrounding area. The City of Nooksack Water System Plan (2012) shows existing City water lines in the area (Figures C4 and C5). In fact, two of the three parcels within the subject site are currently served by the City of Nooksack water Page 37 of 63 615 system. The City of Nooksack 2012 General Sewer Plan Elements Amendment (January 2016) indicates that there is a City of Nooksack sewer force main in place along State Route 9, which abuts the eastern boundary of the subject site. Pump Station 3 and two grinder pumps are located to the north and gravity mains are located to the south (Figure 3-1). Three-phase electrical power is available in the adjacent state highway right -or -way. Single family residential development and railroad tracks exist immediately to the east. Land that is farmed (inside the city limits) and single family residential development is to the south. The City of Nooksack has a long history of issuing residential building permits for the area within the City immediately across the highway from the subject site. Within 1/4 mile of the site, there are 59 single family residences, five duplexes, one fourplex, and a church. Within 1/4 mile of the site, approximately 28% of the parcels (representing approximately 75% of the acreage) are enrolled in the open space taxation program. More than 96% of the subject site is located outside the 100-year floodplain. According to the Census of Agriculture, the average farm size in Whatcom County was 68 acres in 2012. Average parcel size within the boundaries of the subject site is 9.6 acres (parcels range from 4.2 to 18 acres in this area). Based upon these factors, the subject site is no longer of long-term commercial significance for agriculture. 181. In conjunction with re -designation of land from Agriculture to UGA, approximately 81 acres are re -designated from UGA Reserve to Agriculture, east of the city. In 2009, this area was shifted from UGA to UGA Reserve due to concerns related to potential impacts from naturally occurring asbestos contained in sediments from Swift Creek. The Agriculture designation criteria are addressed as follows: a. Not already characterized by Urban Growth - The GMA states that "characterized by urban growth" refers to land having urban growth located on it, or to land located in relationship to an area with urban growth on it as to be appropriate for urban growth" (RCW 36.70A.030(19)). The subject area is largely used for agriculture, but also contains some residences and wooded area. There is urban growth to the west, within the City limits of Nooksack. b. Commercial Production of Agricultural Products - The subject site contains agricultural soils. Much of the subject site is currently used for agricultural production. c. Long Term Commercial Significance for Agriculture - Based on the re -designation of 35 acres from designated Agricultural lands to Nooksack UGA, the City of Nooksack no longer sees a need for the UGA Reserve for future urban growth. The subject site is largely Page 38 of 63 616 used for agriculture at the present time. The majority of the land is enrolled in the current use tax classification under RCW 84.34. This area has several larger parcels and is separated from urban growth to the west by the Sumas River. 182. Although the Nooksack UGA proposal would de -designate a total of 35 acres of Agricultural land, it would also designate 81 acres of Agricultural land that is currently UGA Reserve. Therefore, the Nooksack UGA proposal results in a net gain of 46 acres of designated Agricultural land. 183. The City of Nooksack Water System Plan (2012) and the City of Nooksack Water System Plan Update (2016) indicate that the City of Nooksack maintains a water system consisting of booster pumps, water reservoirs shared with the Nooksack Valley Water Association, and water lines. The City of Nooksack obtains all its water from the City of Sumas. The City of Nooksack's water system has capacity to meet the projected demand over the 20-year planning period. 184. The City of Nooksack 2012 General Sewer Plan Elements Amendment (January 2016) indicates that the City of Nooksack maintains a wastewater collection and conveyance system comprised of gravity sewers, pump stations, and force mains but does not operate a wastewater treatment plant. Wastewater from Nooksack is treated at the Everson Wastewater Treatment Plant. The Everson Wastewater Treatment Plant is being upgraded in 2016 to increase capacity to accommodate projected growth for both cities over the 20-year planning period. 185. Stormwater is addressed in the City of Nooksack Comprehensive Plan (2016). The City of Nooksack has also adopted the 2014 Department of Ecology Stormwater Manual. 186. Fire District 1 provides fire protection and emergency medical services to the Nooksack UGA and surrounding area. The Whatcom County Fire District # 1 Capital Facilities Plan was approved by the District Commissioners in 2015. 187. The Nooksack Valley School District serves the Nooksack UGA and surrounding areas. State figures show that, between 2007 and 2014, the student enrollment dropped a total of 4.3%, although enrollment has been steady over the last several years. In February 2015, the voters of the District approved an almost $28 million bond to pay for capital facility improvements. 188. Capital facilities related to the City's transportation system are addressed in the capital facilities and transportation elements from the 2016 update of the City's Comprehensive Plan. Page 39 of 63 617 189. The Nooksack UGA is expanded by approximately 55 acres as proposed by the City to provide sufficient population and employment growth capacity, and expansion of the Nooksack Valley School District ball fields. Additionally, in conjunction with the re -designation of designated Agricultural lands to UGA, approximately 81 acres of UGA Reserve are re -designated to Agriculture east of the city. With these changes, the UGA is sufficient to accommodate projected urban growth over the planning period. Sumas UGA 190. The Sumas UGA was established in 1997. The UGA was reduced in size in the 2009 UGA review, when a portion of the UGA was re- designated to UGA Reserve and a portion of the UGA was re- designated to Agriculture. 191. The Sumas UGA had an estimated 2013 population of 1,449. 192. The population growth allocation for the Sumas UGA over the planning period is an additional 874 people. The land capacity analysis estimates that the existing UGA can accommodate 884 more people. Therefore, the land capacity is sufficient to accommodate the population growth allocation over the planning period. 193. The employment growth allocation for the Sumas UGA over the planning period is an additional 445 jobs. The land capacity analysis estimates that the existing UGA can accommodate 460 more jobs. Therefore, the commercial and industrial land capacity is sufficient to accommodate the job growth allocation over the planning period. 194. The City of Sumas prepared a Water System Comprehensive Plan (2011). The City of Sumas maintains a water system consisting of two well fields, booster pumps, a water reservoir (which is directly adjacent to, and tied into, a water association reservoir), and water lines. Based upon further analysis in the City of Sumas Comprehensive Plan (2016), it appears that the city will have sufficient source capacity to accommodate projected growth through 2036. 195. The City of Sumas owns and maintains a sewage collection and transmission system that includes gravity sewer lines, force mains, and a small number of sewer lift stations. The City of Sumas transmits wastewater to the City of Abbotsford, B.C. under a wastewater disposal contract. Based on analysis presented in the City of Sumas Comprehensive Plan (2016), Sumas has sufficient sewer service capacity to meet its needs through 2036. Page 40 of 63 196. Stormwater is addressed in the City of Sumas Comprehensive Plan (2016). The City of Sumas has also adopted the 2014 Department of Ecology Stormwater Manual. 197. Fire District 14 provides fire protection and emergency medical services to the Sumas UGA and surrounding area. The Whatcom County Fire District # 14 Capital Facilities Plan was approved by the District Commissioners in 2015. 198. The Nooksack Valley School District serves the Sumas UGA and surrounding area. State figures show that, between 2007 and 2014, the student enrollment dropped by a total of 4.3%, although enrollment has been steady over the last several years. In February 2015, the voters of the District approved an almost $28 million bond to pay for capital facility improvements. 199. Capital facilities related to the City's transportation system are addressed in the capital facilities and transportation elements from the 2016 update of the City's Comprehensive Plan. 200. The existing Sumas UGA is sufficient to accommodate projected urban growth over the planning period. Therefore, the existing UGA boundary will be retained. Rural Element 201. The GMA, at RCW 36.70A.070(5), requires that a comprehensive plan must include a rural element that permits rural development, forestry and agriculture and protects rural character. 202. There are a number of County -wide Planning Policies that apply to rural areas. County -wide Planning Policy B.1 indicates The county shall work with citizens to define a variety of types of rural areas based on the characteristics and needs of different areas..." 203. County -wide Planning Policy B.2 states "The county shall discourage urban level development outside Urban Growth Areas..." 204. The rural element is contained within Chapter 2 of the Whatcom County Comprehensive Plan. The rural element addresses rural character and lifestyles, rural services, rural employment opportunities, land use, and limited areas of more intensive rural development (LAMIRDs). 205. Between 2011 and 2015, Whatcom County adopted a series of amendments to the Comprehensive Plan, development regulations and zoning map in response to Growth Management Hearings Board orders (GMHB Cases 05-2-0013 and 11-2-0010c). GMA compliance has been Page 41 of 63 619 achieved, although there is one remaining issue relating to rural water resources and that is pending before the Washington State Supreme Court (GMHB Case No. 12-3-0013 / Supreme Court Case No. 91475- 3). 206. Whatcom County Comprehensive Plan Policy 2DD-2 adopts by reference various development regulations into the rural element (Chapter 2) of the Comprehensive Plan as measures to protect rural character required by RCW 36.70A.070(5)(c). On April 5, 2016, the County Council adopted Ordinance 2016-011, which contained several amendments to development regulations in Whatcom County Code. One such change amended Whatcom County Code 20.80.200, setback requirements. That zoning code section is adopted by reference in Comprehensive Plan Policy 2DD-2.B.3. This ordinance recognizes that approval of the amendment to that code section is also a Comprehensive Plan amendment. Property Rights and Permits 207. GMA Planning Goal 6, relating to property rights, states "Private property shall not be taken for public use without just compensation having been made. The property rights of landowners shall be protected from arbitrary and discriminatory actions" (RCW 36.70A.020(6)). Whatcom County Comprehensive Plan Goal 2H and associated policies address this GMA Planning Goal. 208. GMA Planning Goal 7, relating to permits, states "Applications for both state and local government permits should be processed in a timely and fair manner to ensure predictability" (RCW 36.70A.020(7)). Whatcom County Comprehensive Plan Policies 2D-3 and 2D-4 address this GMA Planning Goal. Historical Preservation 209. GMA Planning Goal 13, relating to historic preservation, is to "Identify and encourage the preservation of lands, sites, and structures, that have historical or archaeological significance" (RCW 36.70A.020(13)). Whatcom County Comprehensive Plan Goal 2ZZ and associated policies address this GMA Planning Goal. Chapter 3 — Housing 210. GMA Planning Goal 4, relating to housing, is to: Encourage the availability of affordable housing to all economic segments of the population of this state, promote a variety of residential densities and housing types, and encourage preservation of existing housing stock (RCW 36.70A.020(4)). Page 42 of 63 620 211. The GMA, at RCW 36.70A.070(2), requires that a comprehensive plan must include: A housing element ensuring the vitality and character of established residential neighborhoods that: (a) Includes an inventory and analysis of existing and projected housing needs that identifies the number of housing units necessary to manage projected growth; (b) includes a statement of goals, policies, objectives, and mandatory provisions for the preservation, improvement, and development of housing, including single- family residences; (c) identifies sufficient land for housing, including, but not limited to, government -assisted housing, housing for low-income families, manufactured housing, multifamily housing, and group homes and foster care facilities; and (d) makes adequate provisions for existing and projected needs of all economic segments of the community. 212. The County -wide Planning Policies contain a section relating to affordable housing. County -wide Planning Policy G-2 states "The county and the cities shall plan for a range of housing types and costs commensurate with their affordable housing needs." 213. The Housing Chapter of the Whatcom County Comprehensive Plan provides background information, a market inventory and analysis, and an affordable housing vision statement. It also contains goals and policies relating to permitting process efficiency, mixed uses, access to housing, incentives, regulatory controls, preservation of existing housing stock and related issues. The chapter compares projected single- and multi -family dwelling unit needs based on population growth allocations with the estimated dwelling unit capacity of the urban growth areas and finds there is sufficient land to accommodate each type. 214. The Whatcom County Housing Analysis study was prepared in 2015 (and revised in 2016) in support of the Housing Chapter update and is referenced in the housing element. This study examines a number of factors including population trends, demographics, housing market trends, critical skills housing capability, housing cost burden by income group, publicly assisted housing, homelessness, national trends, and housing policy implications. 215. The Whatcom County Housing Advisory Committee reviewed Chapter 3 - Housing in a series of meetings held between December 2014 and March 2015. After considering staff input, the Housing Advisory Committee issued its recommendations. Page 43 of 63 621 216. The Housing Advisory Committee recommended adding a healthy housing goal with associated policies. 217. The Housing Advisory Committee recommended exploring various financial incentives and funds to support affordable housing. 218. The Whatcom County Planning Commission did not recommended including the healthy housing goal & policies or policies relating to the exploration of various financial incentives and funds to support affordable housing. 219. The County Council considered the Whatcom County Planning Commission recommendations, the staff proposal, recommendations from the Housing Advisory Committee, and public input on Chapter 3 - Housing. 220, The County Council inserted a policy regarding the exploration of various financial incentives and funds to support affordable housing. 221. The County Council added policies, suggested by staff, to coordinate with the cities to ensure efficient development in UGAs and to encourage adequate urban land supply to provide for a broad range of housing types commensurate with residential market demand. 222. Affordable Housing is addressed in Policies 3D-1, 3D-4, 3F-1 through 3F-8 in Chapter 3 - Housing. 223. Chapter 3 - Housing addresses the market inventory and analysis as required by GMA. Chapter 4 - Capital Facilities 224. GMA Planning Goal 12, relating to public facilities and services, is to: Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards (RCW 36.70A.020(12)). 225. The GMA, at RCW 36.70A.070(3), requires that a comprehensive plan must include a capital facilities plan element consisting of: a. An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities. b. A forecast of the future needs for such capital facilities. Page 44 of 63 622 c. The proposed locations and capacities of expanded or new capital facilities. d. At least a six -year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes. e. A requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. 226. County -wide Planning Policy K.1 states: "As part of the comprehensive planning process, the county and the cities shall identify appropriate land for public facilities which meets the needs of the community, such as schools, recreation, transportation and utility corridors, human service facilities ..." 227. The Whatcom County Comprehensive Plan's capital facilities element contains several components: Chapter 4 - Capital Facilities, the Whatcom County 20-Year Capital Facilities Plan (Appendix E), and the Six -Year Capital Improvement Program for Whatcom County Facilities (Appendix F). Collectively, these components contain an inventory of existing facilities owned by public entities, a forecast of future needs, proposed expanded or new capital facilities, costs and funding sources. 228. Existing Comprehensive Plan Policy 4A-4 addresses the GMA requirement to reassess the land use element if probable capital facility funding falls short. Chapter 5 - Utilities 229. The GMA, at RCW 36.70A.070(4), requires that a comprehensive plan must include "A utilities element consisting of the general location, proposed location, and capacity of all existing and proposed utilities, including, but not limited to, electrical lines, telecommunication lines, and natural gas lines." 230. There are a number of Countywide Planning Policies that address utilities, with which the Comprehensive Plan policy amendments are found to be consistent. These Countywide Planning Policies include: a. F.4 - "Within Urban Growth Areas, cities shall not extend water and sewer utilities without an adopted program for annexation and an adopted Capital Facilities Plan..." b. F.5 - "In the areas where utilities presently extend beyond city Page 45 of 63 623 limits, but are within Urban Growth Areas, the city, county, and the existing water purveyors for the area should jointly plan with the county. The County shall adopt zoning which reflects this joint planning." C. F.12 - "To encourage contiguous, orderly development and annexation in Urban Growth Areas around cities, the county shall designate Urban Residential zones limiting density to a maximum of one dwelling unit per five acres in undeveloped areas until urban level utilities are provided..." d. K.1 - "As part of the comprehensive planning process, the county and the cities shall identify appropriate land for public facilities which meets the needs of the community, such as ... utility corridors ..." 231. The Utilities Chapter of the Whatcom County Comprehensive Plan provides background information and addresses a number of issues including Locational Criteria for Siting Utilities, Trends in Utility Technology, Electric Power, Natural Gas, Petroleum, and Telecommunications, Permitting Process Efficiency, Impediments to the Provision of Utilities, Regulatory Controls Encouraging Energy Conservation, Utility Corridors, Natural Gas and Hazardous Liquid Transmission Pipelines, Water Supply, Sewage Treatment, and Solid Waste Management. 232. Review was sought by the major utility providers in Whatcom County, but no comments were received. 233. The County Council considered Whatcom County Planning Commission recommendations, staff recommendations, and public comments on Chapter 5 - Utilities. Chapter 6 - Transportation 234. GMA Planning Goal 3, relating to transportation, is to "Encourage efficient multimodal transportation systems that are based on regional priorities and coordinated with county and city comprehensive plans" (RCW 36.70A.020(3)). 235. The GMA, at RCW 36.70A.070(6), requires that a comprehensive plan must contain a transportation element that includes an inventory of existing facilities, level of service (LOS) standards, traffic forecasts, actions needed to meet LOS standards, a financing plan to meet identified needs, intergovernmental coordination, demand management, pedestrian and bicycle components, and concurrency measures. 236. The County -wide Planning Policies contain a section relating to transportation facilities and strategies. County -wide Planning Policy J- Page 46 of 63 624 5 states: "Where the roadway level of service (LOS) adopted in local comprehensive plans cannot be maintained as a result of proposed new development, that development shall be denied, unless the proponents agree to pay a proportionate share of the cost of maintaining the LOS." 237. County -wide Planning Policy 3-2 states that "Whatcom County jurisdictions shall encourage alternative modes of transportation ..." 238. The Transportation Chapter of the Whatcom County Comprehensive Plan provides background information and addresses a number of issues including level of service standards, concurrency, planning & design of transportation improvements, arterial and collector improvements, coordination with land use, multimodal approach, bicycle & pedestrian facilities, intergovernmental coordination, environmental practices, congestion & emissions reduction, and funding. 239. In 2011, the County Executive requested the Whatcom County Bicycle Pedestrian Advisory Committee (BPAC) and the Whatcom Council of Governments' Citizens Transportation Advisory Group (CTAG) to act as citizen advisory groups to help guide the revisions to Chapter 6 Transportation. Staff briefed both committees on GMA requirements for the transportation element prior to discussion of the specific amendments to the chapter. 240. The CTAG reviewed Chapter 6 - Transportation in July 2014. CTAG made no specific recommendations. 241. The BPAC reviewed Chapter 6 - Transportation in August and September 2014. The BPAC made recommendations to revise draft wording, which staff incorporated into the draft amendments to the chapter. 242. The County Council considered Whatcom County Planning Commission recommendations, staff recommendations, BPAC recommendations, and public input on Chapter 6 - Transportation. Chapter 7 - Economics 243. GMA Planning Goal 5, relating to economic development, is to: Encourage economic development throughout the state that is consistent with adopted comprehensive plans, promote economic opportunity for all citizens of this state, especially for unemployed and for disadvantaged persons, promote the retention and expansion of existing businesses and recruitment of new businesses, recognize regional differences impacting economic Page 47 of 63 625 development opportunities, and encourage growth in areas experiencing insufficient economic growth, all within the capacities of the state's natural resources, public services, and public facilities (RCW 36.70A.020(5)). 244. GMA amendments were adopted by the state legislature in 2002, at RCW 36.70A.070(7) and (9), to require an economic development element in a comprehensive plan if "... funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before local government must update comprehensive plans..." (Second Substitute House Bill 2697). In an e-mail of July 6, 2015, the Washington State Department of Commerce indicated that the economic development element is considered optional because the state still has not provided funding. 245. The County -wide Planning Policies contain a section relating to economic development and employment. County -wide Planning Policy I-1 states "Whatcom County recognizes that a healthy economy, which provides opportunity for diverse segments of the community, is important to the quality of life in the area..." 246. County -wide Planning Policy I-4 is to "Encourage business location, retention, and expansion according to city and county comprehensive plans in order to meet current and future demand for diverse business and industry..." 247. The Economics Chapter of the Whatcom County Comprehensive Plan recognizes that a strong and diversified economy is essential to quality of life. 248. The Economics Chapter of the Whatcom County Comprehensive Plan provides background information and addresses a number of issues including the Comprehensive Economic Development Strategy, the Whatcom Futures report, current economic development activities, a diversified economy, coordination/cooperation between businesses, jurisdictions and other entities, infrastructure, regulations & permit processing, proximity to Canada, business retention & expansion, economic growth & environmental quality, natural resource based industries, unemployment & underemployment, geographic location of economic development, and the local food system. Chapter 8 — Resource Lands 249. GMA Planning Goal 8, relating to natural resource industries, is to: Maintain and enhance natural resource -based industries, including productive timber, agricultural, and fisheries industries. Encourage the conservation of productive forest lands and productive Page 48 of 63 626 agricultural lands, and discourage incompatible uses (RCW 36.70A.020(8)). 250. The GMA requires counties to designate and assure conservation of agricultural, forest and mineral resource lands of long-term commercial significance (RCW 37.70A.060, .070, and 170). 251. Additionally, RCW 36.70A.131 requires that, as part of the comprehensive plan update, the county must review its mineral resource lands designations and mineral resource lands development regulations taking into consideration: (a) New information made available since the adoption or last review of its designations or development regulations, including data available from the department of natural resources relating to mineral resource deposits; and (b) New or modified model development regulations for mineral resource lands prepared by the Department of Natural Resources, the Department of Commerce, or the Washington state association of counties. 252. County -wide Planning Policy I-9 states that "The County and the cities recognize the need for the protection and utilization of natural resources and resource lands including agricultural, mineral, forestry and fishing..." 253. The Resource Lands Chapter of the Whatcom County Comprehensive Plan addresses designated Agricultural, Forestry and Mineral Resource Lands and related issues. The County Council is also adding a new "Marine Resource Lands" section in the Chapter. Agricultural Lands 254. The agricultural lands section of the Resource Lands Chapter provides background information and addresses a number of issues including the agricultural land base, agricultural products industry, cultural heritage, land use conflicts, fish & wildlife, and water for agriculture. 255. The Agricultural Advisory Committee reviewed the agricultural text, goals and policies of Chapter 8 - Resource Lands in a series of meetings held between October 2014 and May 2015. After considering staff input and public comments, the Agricultural Advisory Committee issued its recommendations. 256. The Agricultural Advisory Committee recommended that the agricultural designation criteria be included in a policy. The designation criteria had been originally adopted through Ordinance 92- 013, but had not been incorporated into a policy in the Comprehensive Plan. Page 49 of 63 627 257. The Agricultural Advisory Committee recommended a policy that lists actions the County may explore to support Goal 8A: "Conserve and enhance Whatcom County's agricultural land base for the continued production of food and fiber." The Agricultural Advisory Committee recommended adding additional bullet points to Policy 8A-2 to support working farms and maintain the agricultural land base. 258. The Whatcom County Planning Commission recommended removing or editing several bullet points recommended by the Agricultural Advisory Committee under proposed Policy 8A-2. Specifically, the Planning Commission recommended striking exploration/development of a transfer of development rights program and a natural resource marketplace. 259. The County Council considered the Whatcom County Planning Commission recommendations, staff recommendations, Agricultural Advisory Committee recommendations and public input on Chapter 8 - Resource Lands. 260. The County Council is amending several bullet points under proposed Policy 8A-2 to add the exploration of a transfer of development rights program, developing a natural resource marketplace, tracking the acres lost due to agricultural conversion, and reviewing the Rural Study Areas for potential zoning changes. 261. New Policy 8A-3, relating to designation and de -designation of Agricultural lands, incorporates criteria in WAC 365-190-050 relating to "Agricultural Resource Lands." Forest Resource Lands 262. The forest resource lands section of the Resource Lands Chapter provides background information and addresses a number of issues including the forest land base, forest products industry, land use conflicts, and fish & wildlife. 263. The Forestry Advisory Committee reviewed the forestry text, goals and policies of Chapter 8 - Resource Lands in a series of meetings held between July 2014 and November 2014. After considering staff input and public comments, the Forestry Advisory Committee issued its recommendations. 264. Policy 8F-9 discourages inappropriate conversion of designated forest land to incompatible non -forest uses. The existing Comprehensive Plan states that incompatible uses include those which permanently remove a significant portion of a parcel from productive forest uses. The Forestry Advisory Committee recommended amending the policy to identify a "significant portion" as 20%. Page 50 of 63 • 265. The Forestry Advisory Committee recommended a new Policy 8F-11 to recognize the difference between designated (mapped) forest lands and working forests. 266. The Forestry Advisory Committee recommended a new Policy 8F-12 to maintain a working forest land base sufficient to support a viable local forestry industry by considering the impacts of working forests as part of the legislative decision making process, including measures that may be taken to support working forests. 267. The County Council considered Whatcom County Planning Commission recommendations, staff recommendations, Forestry Advisory Committee recommendations, and public input on Chapter 8 - Resource Lands. 268. The County Council added language to Policy 8F-12 to track loss of forest land productivity due to conversion, implementation of critical areas ordinance, etc. Mineral Resource Lands 269. The mineral resources section of the Resource Lands Chapter provides background information and addresses a number of issues including sustaining mineral resource industries, conserving mineral lands, rural & urban areas, agricultural areas, forestry areas, riverine areas, mineral resource land designations, and fish & wildlife. 270. Consistent with RCW 36.70A.131, Whatcom County has considered new information included in the "Aggregate Resource Inventory 2014 Study Update Whatcom County, Washington" authored by Element Solutions and dated December 22, 2014. 271. There are no new or modified model development regulations for mineral resource lands. 272. The Surface Mining Advisory Committee reviewed the mineral resource text, goals and policies of Chapter 8 - Resource Lands in a series of meetings held between July 2014 and December 2014. After considering staff input and public comments, the Surface Mining Advisory Committee issued its recommendations. 273. The Surface Mining Advisory Committee recommended deleting Policy 8Q-2 which states "Ensure that at least 50% of the total areas designated for construction aggregate is within ten miles from cities and urban growth areas where feasible." This recommendation was made because it may not be feasible, as resources are located based on geologic history, not human development patterns. Page 51 of 63 629 274. The Surface Mining Advisory Committee recommended amending Policy 8Q-1 to protect all potentially commercially significant construction aggregate supply to meet future demand, rather than just a 50-year supply. 275. The Surface Mining Advisory Committee recommended reducing the minimum amount of non-metallic mineral deposits per new Mineral Resource Land Designation from one million to 250,000 cubic yards. 276. The Surface Mining Advisory Committee recommended combining existing Policies 8R-5, 8R-6, and 8R-7 into a single policy that addresses in -stream gravel extraction to ensure that protected species, essential fish habitat, and other critical areas are not adversely impacted and that flooding or erosion in surrounding areas is not increased. 277. The County Council considered Whatcom County Planning Commission recommendations, staff recommendations, Surface Mining Advisory Committee recommendations and public input on Chapter 8 - Resource Lands. 278, Policy 8Q-1 is amended to identify and designate mineral resource lands through a county -led county -wide assessment. The intent of the assessment is to meet future mineral resource demand in a manner that is compatible with water resources, agricultural lands, forest lands, and GMA planning goals. 279. The minimum non-metallic mineral deposit of one million cubic yards per new Mineral Resource Land Designation is retained. Marine Resource Lands 280. A new Marine Resource Lands section is added to the Resource Lands Chapter. This section contains new Goal 8S to "Conserve and enhance Whatcom County's marine land base for the long-term and sustainable production of commercial and recreational economic activities." 281. Whatcom County will work with the Marine Resource Committee, the Shellfish Protection Advisory Committees, and other local marine land experts to develop policies supporting Goal 8S. Chapter 9 - Recreation 282. GMA Planning Goal 9, relating to open space and recreation, is to: "Retain open space, enhance recreational opportunities, conserve fish and wildlife habitat, increase access to natural resource lands and Page 52 of 63 630 water, and develop parks and recreation facilities" (RCW 36.70A.020(9)). 283. GMA amendments were adopted by the state legislature in 2002, at RCW 36.70A.070(8) and (9), to require a park and recreation element in a comprehensive plan if "... funds sufficient to cover applicable local government costs are appropriated and distributed by the state at least two years before local government must update comprehensive plans..." (Second Substitute House Bill 2697). In an e-mail of July 6, 2015, the Washington State Department of Commerce indicated that the park and recreation element is considered optional because the state has not provided funding. 284. RCW 36.70A.080, entitled "Comprehensive Plans - Optional Elements," provides that jurisdictions planning under the GMA may include additional elements in comprehensive plans that relate to physical development within the jurisdiction. Such optional elements may include a recreation element. 285. County -wide Planning Policy H-1 states: "The county, cities, Port of Bellingham, and other appropriate jurisdictions should coordinate protection of linked greenbelts, within and between Urban Growth Areas, parks, and open space to protect wildlife corridors and to enhance recreational opportunities, public access and trail development." 286. Whatcom County has elected to adopt a recreation element in the Comprehensive Plan (Chapter 9) as provided in RCW 36.70A.080(1). This element is coordinated and consistent with other Whatcom County Comprehensive Plan elements. It is responsive to, informs, and relies on the Whatcom County Parks, Recreation, and Open Space Plan. 287. The Recreation Chapter of the Whatcom County Comprehensive Plan recognizes that recreation is essential to quality of life. 288. The Recreation Chapter of the Whatcom County Comprehensive Plan provides background information and addresses a number of issues including regional parks, multi -use camping parks, trail systems, specialized recreation areas, shoreline access areas, off road vehicle riding areas, activity centers, and park facilities. 289. The Whatcom County Parks & Recreation Commission reviewed Chapter 9 - Recreation in a series of meetings held between June 2014 and June 2015. After considering staff input and public comments, the Parks & Recreation Commission issued its recommendations. Page 53 of 63 631 290. The Parks & Recreation Commission recommended that instead of continuing to adopt by reference the Whatcom County Comprehensive Parks, Recreation and Open Space Plan and the Whatcom County Pedestrian & Bicycle Plan, which are separate functional documents, that these documents be referenced in the chapter as background documents. 291. The Parks & Recreation Commission also recommended that text, goals, policies and maps relating to Recreation Resource Management Areas (RRMAs) be removed from Chapter 9 - Recreation. This recommendation was based on public comment indicating that the County's vision with respect to RRMAs may be outdated, and that relevant aspects of the RRMA vision may otherwise continue to be addressed in other Recreation Chapter 9 goals or policies. 292. The County Council considered Whatcom County Planning Commission recommendations, staff recommendations, Parks & Recreation Commission recommendations, and public input on Chapter 9 - Recreation. 293. The Comprehensive Parks, Recreation, and Open Space Plan and the Whatcom County Bicycle and Pedestrian Plan should no longer be incorporated by reference into the Comprehensive Plan. Rather, they should be referenced in Chapter 9 as background documents. 294. The Recreation Resource Management Areas text, goals, policies and map designations should also be removed from Chapter 9. Chapter 10 - Design (Deleted) 295. A design chapter is not a required element in a comprehensive plan. 296. When Chapter 10 - Design was adopted in 1997, the County Council elected not to adopt policies that the Whatcom County Planning Commission had recommended in 1996. This reduced the chapter to a series of general goals without specific implementing policies (with the exception of the Historic and Cultural Resources section). Many of the general topics discussed in the chapter are addressed in greater detail in other chapters such as Land Use, Transportation, Resource Lands, Recreation, and Environment (for example, rural character, open space, clustering, and natural resources) or through development standards, incentives, or regulations that do not require a "Design" chapter of the Comprehensive Plan. Such issues may be better addressed through community or watershed specific planning approaches within the discretion of Whatcom County. Some design issues, such as rural clustering, have already been addressed as part of the County's rural element GMA compliance efforts. Page 54 of 63 632 297. Historic and cultural resources are important topics that are addressed by GMA Planning Goal 13. Additionally, WAC 365-196-450 calls on counties to identify and encourage the preservation of historic and cultural resources. Therefore, the amendments retain and move the "Historic and Cultural Resources" section to Chapter 2, Land Use. The amendments delete the remaining portions of Chapter 10. Chapter 11 - Environment (renumbered to Chapter 10) 298. GMA Planning Goal 10, relating to the environment, is to "Protect the environment and enhance the state's high quality of life, including air and water quality, and the availability of water" (RCW 36.70A.020(10)). 299. There are a number of Countywide Planning Policies that address the environment, with which the Comprehensive Plan policy amendments are found to be consistent. These Countywide Planning Policies include: a. H-2 -'The county and the cities shall plan for greenbelts and open space in their Comprehensive Planning processes and coordinate with each other. Open space systems should include lands which contain natural areas, habitat lands, natural drainage features, and/or other environmental, cultural and scenic resources..." b. I-8 - "Economic development should be encouraged that ... does not adversely impact the environment..." c. N-1 - "The cities, and the county, in cooperation with other municipal corporations, tribal governments, federal and state agencies, and public and private utilities shall cooperate in the protection of water resources and in drawing upon said water to support growth." d. N-3 - "Jurisdictions shall cooperate to protect and restore water resources and fish habitat within UGA's and across jurisdictional boundaries to maintain quality of life and economic health in Whatcom County." e. N-6 - "All jurisdictions shall maximize reduction of water pollutants from stormwater runoff and combined sewer overflows." 300. The Environment Chapter of the Whatcom County Comprehensive Plan recognizes that the environment is essential to our well-being, health, safety, and economy. 301. The Environment Chapter of the Whatcom County Comprehensive Plan provides background information and addresses a number of issues including community & environmental protection, administration and Page 55 of 63 633 regulation, the environment & property rights, climate change, natural hazards, water resources, watershed planning & management, surface water & groundwater, stormwater & drainage, water conservation, Lake Whatcom Watershed, natural systems, fish & wildlife, wetlands, and marine habitat. 302. The Marine Resources Advisory Committee reviewed Chapter 11 - Environment in a series of meetings held between May and July 2014. After considering staff input and public comments, the Marine Resources Advisory Committee issued its recommendations, which were incorporated into the document that went to the Whatcom County Planning Commission. 303. The Critical Areas Ordinance Citizens Advisory Committee also reviewed Chapter 11 - Environment in a public meeting in September 2015, but could not come to consensus on recommendations. 304. The Wildlife Advisory Committee reviewed Chapter 11 - Environment in meetings held in April and May 2016 and issued recommendations. 305. The County Council considered Whatcom County Planning Commission recommendations, staff recommendations, Marine Resources Advisory Committee recommendations, Wildlife Advisory Committee recommendations, and public input on Chapter 11 - Environment. Appendix A - Glossary of Terms 306. The amendments to Appendix A are intended to ensure the definitions are consistent with state law, state administrative code, County code, and a pertinent technical document. Appendix B - Acronyms 307. The amendments to Appendix B add acronyms that were previously omitted. The amendments also remove some acronyms. Appendix C - Countywide Planning Policies 308. Appendix C formerly contained the GMA Planning Goals, Countywide Planning Policies, and the Visioning Value Statements. Appendix C is amended to contain only the Countywide Planning Policies. 309. Comprehensive Plan Chapter 1 now contains the GMA Planning Goals. 310. The amendments delete the glossary to the Countywide Planning Policies to avoid duplication with the glossary in Appendix A. Terms from this glossary that were not already in Appendix A are moved to that appendix. Page 56 of 63 634 311. The Visioning Value Statements (also known as "community value statements") were developed in 1994 to assist in creation of the original 1997 Comprehensive Plan. Today, Land Use Chapter 2 contains a vision statement. Additionally, there are advisory committees and commissions focused on many of these issues. Therefore, the 1994 community value statements are deleted from the Comprehensive Plan. Appendix D — Bibliography 312. The amendments to Appendix D add references to reports the County used when preparing the Comprehensive Plan. Appendix E — 20-Year CFP and Appendix F — Six -Year CIP 313. GMA planning goal # 12 is to "Ensure that those public facilities and services necessary to support development shall be adequate to serve the development at the time the development is available for occupancy and use without decreasing current service levels below locally established minimum standards" (RCW 36.70A.020(12)). 314. The GMA, at RCW 36.70A.070(3), requires that a comprehensive plan must include a capital facilities plan element consisting of: a. An inventory of existing capital facilities owned by public entities, showing the locations and capacities of the capital facilities. b. A forecast of the future needs for such capital facilities. c. The proposed locations and capacities of expanded or new capital facilities. d. At least a six -year plan that will finance such capital facilities within projected funding capacities and clearly identifies sources of public money for such purposes. e. A requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and financing plan within the capital facilities plan element are coordinated and consistent. 315. The updated Whatcom County 20-Year Capital Facilities Plan (CFP) and the updated Six -Year Capital Improvement Program (CIP) for Whatcom County Facilities contain inventories of existing facilities owned by public entities, a forecast of future needs, proposed expanded or new capital facilities, costs and funding sources. The existing 20-year CFP and existing Six -Year CIP will be repealed. Page 57 of 63 635 Appendix G — Transportation Impact Fee Background Information 316. In 2005 the County added transportation impact fee background information to Appendix G. However, the County has not enacted impact fees. Therefore the existing appendix is not needed. The amendments delete the existing Appendix G in its entirety. Appendix H — Airport Overlay and Appendix I — Airport Surfaces 317. RCW 36.70.547 requires "Every county, city, and town in which there is located a general aviation airport that is operated for the benefit of the general public, whether publicly owned or privately owned public use, shall, through its comprehensive plan and development regulations, discourage the siting of incompatible uses adjacent to such general aviation airport. Such plans and regulations may only be adopted or amended after formal consultation with: Airport owners and managers, private airport operators, general aviation pilots, ports, and the aviation division of the department of transportation..." 318. The Whatcom County Council created an Airport/Land Use Compatibility Advisory Committee in 2003 (Resolution 2003-058). 319. The Airport/Land Use Compatibility Advisory Committee issued final recommendations in 2004. 320. The County Council adopted Comprehensive Plan amendments relating to airport/land use compatibility in 2005 (Ordinance 2005-004). This ordinance included an "Airport Overlay Zones" map (relating to land use near an airport) in Appendix H for the Bellingham International Airport. It also included "Imaginary Surfaces" maps (relating to height of structures near an airport) in Appendix I for the Bellingham International Airport and the Blaine Municipal Airport. 321. The Blaine Municipal Airport closed in 2008. Therefore, the "Imaginary Surfaces" map for Blaine is deleted from Appendix I. County -wide Planning Policies 322. The GMA requires counties to adopt county -wide planning policies in cooperation with cities. County -wide planning policies provide a framework from which county and city comprehensive plans are developed and facilitate consistency between comprehensive plans (RCW 36.70A.210). County -wide Planning Policies are contained in Appendix C of the Whatcom County Comprehensive Plan. The Comprehensive Plan amendments are consistent with the County -wide Planning Policies. Page 58 of 63 636 Interlocal Agreements 323. Inter -local agreements between Whatcom County and the cities were approved in 2012. These agreements, which are valid through 2022, address a number of growth management planning issues including inter -jurisdictional coordination, urban growth area review, land capacity analysis, population and employment projections, and capital facility planning. Further Studies/Changed Conditions 324. The EIS and land capacity analysis are studies that indicate a need to amend the comprehensive plan in order to comply with the requirements of the GMA. Additionally, outdated information is eliminated and new policy direction is incorporated into the Comprehensive Plan. Public Interest 325. The 2016 Comprehensive Plan Update and UGA Review establish new growth projections for the planning period through the year 2036 and plan UGAs that can accommodate projected urban growth, as required by with the GMA. Resource lands will be conserved and rural character protected, as required by the GMA. 326. Capital facility planning by cities, special purpose districts, and the County will support the land use plan with planned public facilities and services. 327. In considering the public interest, it is recognized that Agriculture is a critical industry in Whatcom County. According to the Census of Agriculture, the market value of agricultural production was over $357 million in 2012. 328. Changes to Designated Agricultural Lands of Long -Term Commercial Significance must be reviewed in a county -wide review process. 329. Changes to Designated Agricultural Lands of Long -Term Commercial Significance are being undertaken as part of Whatcom County's 2016 Comprehensive Plan update, in which all elements of the Plan have been reviewed including the Comprehensive Plan land use designation map and the Resource Lands chapter. These changes are made in the context of this county -wide review process, and are not based solely on a parcel -by -parcel review process. 330. The Final EIS address Designated Agricultural Lands of Long -Term Commercial Significance. Page 59 of 63 637 331. Whatcom County Council approved Resolution 2009-040 on July 7, 2009 in which the Council confirmed that 100,000 acres of land available for agricultural use is the minimum goal for ensuring a land base necessary to support a viable agricultural industry in Whatcom County. 332. Whatcom County currently has more than 85,900 acres of Designated Agricultural Lands of Long -Term Commercial Significance. Additionally, there are other areas in the County used for agriculture. The Census of Agriculture indicates that Whatcom County had more than 115,800 acres of land in farms in 2012. 333. Two UGA proposals would change designated Agricultural lands to UGA. 334. The Lynden UGA proposal would de -designate approximately 38.4 acres of Agricultural lands on the southern edges of the City. 335. The Nooksack UGA proposal would de -designate approximately 35 acres of Agricultural lands, but would result in designation of 81 acres for Agriculture that is currently UGA Reserve. The Nooksack proposal would result in a net gain of 46 acres of designated Agricultural lands. 336. On a county -wide basis, the following changes are made to the designated Agricultural lands of long-term commercial significance. UGA/UGA Reseve Designated Agriculture Lands Changed to UGA (Acres) UGA Reserve Changed to Designated Agriculture Lands (Acres) Change in Designated Agriculture Lands (Acres) Bellingham 0.0 0.0 0.0 Birch Bay 0.0 0.0 0.0 Blaine 0.0 0.0 0.0 Cherry Point 0.0 0.0 0.0 Columbia Valley 0.0 0.0 0.0 Everson 0.0 0.0 0.0 Ferndale 0.0 0.0 0.0 Lynden 38.4 0.0 -38.4 Nooksack 35.0 81.0 46.0 Sumas 0.0 0.0 0.0 Other Areas 0 0 0 TOTAL 73.4 81.0 7.6 Page 60 of 63 337. In cumulative total, on a county -wide basis, there would not be a net loss of acreage designated as Agricultural lands of long-term commercial significance. In fact, Whatcom County's designated Agricultural lands of long-term commercial significance would increase slightly (by approximately 7.6 acres). Additionally, the amendments will not cause the County to breach the 100,000 acre goal needed to support a viable agricultural industry. When considered in the context of the County's designated Agricultural lands as a whole and the need to ensure the viability of resource -based industries, the amendments are consistent with GMA Planning Goal 8, which is to "Maintain and enhance natural resource -based industries ..." (RCW 36.70A.020(8)) and Whatcom County Comprehensive Plan Goal 8A-3. 338. Whatcom County Charter Section 1.11 states, "The rights of the individual citizen shall be guaranteed under the Constitutions of the United States and the State of Washington. No regulation or ordinance shall be drafted and adopted without consideration of and provisions for compensation to those unduly burdened." The Whatcom County Council concludes that this ordinance will not unduly burden a property owner by leaving him or her without a reasonable use of his or her property, or otherwise deprive him or her of legally recognized rights. 339. The Growth Management Act requires the state attorney general to establish "an orderly, consistent process, including a checklist if appropriate, that better enables state agencies and local governments to evaluate proposed regulatory or administrative actions to assure that such actions do not result in an unconstitutional taking of private property" (RCW 36.70A.370). The Whatcom County Council has been briefed by legal counsel on the Attorney General's Advisory Memorandum and Recommended Process for Evaluating Proposed Regulatory or Administrative Actions to Avoid Unconstitutional Takings of Private Property (December 2015) and concludes that this ordinance will not result in unconstitutional taking of private property. 340. The goal of the 2016 Comprehensive Plan Update and UGA Review is to engage in growth management planning to serve the people of Whatcom County and comply with the GMA. Such planning in the public interest. Page 61 of 63 639 Spot Zoning 341. "Illegal spot zoning" means a zoning action by which a smaller area is singled out of a larger area or district and specially zoned for a use classification totally different from, and inconsistent with, the classification of surrounding land and not in accordance with the Comprehensive Plan. Spot zoning is zoning for private gain designed to favor or benefit a particular individual or group and not the welfare of the community as a whole (WCC 20.97.187). 342. The subject proposal does not involve nor facilitate illegal spot zoning. Completion of Periodic Review 343. With adoption of this ordinance, Whatcom County has completed the periodic update of the Comprehensive Plan and the UGA review required under the GMA. A910 [el RI> (*J Z &I 1. The subject amendments are consistent with and implement the GMA planning goals. The amendments conform to applicable requirements of the GMA. 2. The subject amendments satisfy the approval criteria of WCC 2.160.080. Page 62 of 63 M NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Amendments to the Whatcom County Comprehensive Plan are hereby adopted as shown on Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this day of WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: ivil Deputy Prosecutor 2016. Barry Buchanan, Chairperson ( ) Approved ( ) Denied Jack Louws, Executive Date: Page 63 of 63 641 WHATCOM COUNTY COUNCIL AGENDA BILL ArO_ 2016-047 M CLEARANCES I Initial Date Date Received in Council fffice F4genda Date Assi red to: Originator: Gary Davis GD 7/13/2016 7/26/16 _ SCOTW/Introduction � � DO8/9/16 JUL UL 19 2016 Division Head: MarkPersonius� / �•-/?j-/Si Council Dept. Head: Sam Ran' Royce Buckingham � WHATCOM COUNTY UNTY COUNCIL Executive: Jack Louws 7 O TITLE OF D ENT: Ordinance adopting development regulation and Comprehensive Plan amendments relating to the 2016 Comprehensive Plan periodic update. ATTACHMENT.• 1. Staff Memorandum 2. Proposed Ordinance SEPA review required? (X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes X NO SEPA review completed? (X ) Yes ( ) NO SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Under the Growth Management Act, Whatcom County and the seven cities within the County must complete the periodic update of their comprehensive plans and review urban growth areas in 2016 (RCW 36.70A.130). The Planning and Development Services Department would like to discuss with Council amendments to the County's development regulations, official zoning map, and related changes to the Comprehensive Plan and its subsets, proposed as part of that review and described as follows: Amendments to. Whatcom County Code (WCC) Title 20 (Zoning,), Title 21 (Land Division Regulations), Title 22 (Guide Meridian Improvement Plan), and die official zoning map. Title 20 amendments include amending WCC Chapter 20.36 to require reclamation plans for surface mining uses in the Rural •r_onc, amending Chapter 20.43 revising the maximum percentage of lot area that can be removed firm production of forest products in the Commercial Forestry zone, amendments to WCC Chapters 20.72. 2040. 20.97 and the Point Roberts Character Plan involving sign regulations and permit review in the Point Roberts Special District, amending WCC Chapter 20.82 concerning new sewer lines and amendments to WCC Chapters 20.24, 20.65, 20.66. 20.68, and 20.80.210 to update references to the Urban Fringe Subarea Plan. WCC 20.80.210 is adg3te d by reference in the WCCP and amendments to that section are also a WCCP amendment. The Point Roberts Character Plan is a part of the Point Roberts Subarea Plan, which is a subset of the WCCP, therefore the amendment is an amendment to the WCCP. Title 21 amendments consist of amending WCC Chapters 21.03, 21.04, 21.06, and 21.08 to change standards for required disclosures for plats near significant pipelines. Title 22 amendments consist of repealing Title 22, the Guide Meridian Improvement Plan. The plan is a component of the Urban Fringe Subarea Plan, which is a subset of die WCCP, therefore the amendment is also an amendment to the WCCP. The changes to the zoning maps urnsist of amending the zoning maps for all urban growth areas to reflect changes to urban growth area and urban growth area reserve boundaries, and rescinding the Slrort term planning area zoning. COMMITTEE ACTION. COUNCIL ACTION.• 7/26/2016: Discussed 7/26/2016: Introduced 6-0. Donovan absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number: AB2016-047 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.uslcouncil. 642 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax �GQM! CO Memorandum I.E. "Sam" Ryan Director TO: The Honorable Jack Louws, Whatcom County Executive The Honorable Whatcom County Council FROM: Gary Davis, AICP, Senior Planner('Vjl THROUGH: Mark Personius, AICP, Assistant Director it-67 DATE: July 13, 2016 SUBJECT: Comp Plan Update/UGA Review - Development Regulations, Zoning Maps, and related Comprehensive Plan Amendments In conjunction with the 2016 Comprehensive Plan periodic update required by RCW 36.70A.130, PDS proposes the attached amendments to provide for consistency within the Comprehensive Plan, and between the Plan and its implementing development regulations. On June 14 the County Council Special Committee of the Whole discussed a set of proposed amendments to development regulations and subsets of the Comprehensive Plan. On June 28 the County Council held a public hearing on the proposed amendments. The County Council has proposed no changes, and PDS is forwarding a draft ordinance to adopt these amendments. As before, these amendments include: ■ Amendments to Whatcom County Code (WCC) Title 20 (Zoning), Title 21 (Land Division Regulations), Title 22 (Guide Meridian Improvement Plan), and the official zoning map. o Title 20 amendments include amending WCC Chapter 20.36 to require reclamation plans for surface mining uses in the Rural zone, amending Chapter 20.43 revising the maximum percentage of lot area that can be removed from production of forest products in the Commercial Forestry zone, amendments to WCC Chapters 20.72, 20.80. 20.97 and the Point Roberts Character Plan involving sign regulations and permit review in the Point Roberts Special District, amending WCC Chapter 20.82 concerning new sewer lines and amendments to WCC Chapters 20.24, 20.65, 20.66, 20.68, and 20.80.210 to update references to the Urban Fringe Subarea Plan. WCC 20.80.210 is adopted by reference in the WCCP and amendments to that section are also a WCCP amendment. The Point Roberts Character Plan is a part of the Point Roberts Subarea Plan, which is a subset of the WCCP, therefore the amendment is an amendment to the WCCP. o Title 21 amendments consist of amending WCC Chapters 21.03, 21.04, 21.06, and 21.08 to change standards for required disclosures for plats near significant pipelines. 643 o Title 22 amendments consist of repealing Title 22, the Guide Meridian Improvement Plan. The plan is a component of the Urban Fringe Subarea Plan, which is a subset of the WCCP, therefore the amendment is also an amendment to the WCCP. o The changes to the zoning maps consist of amending the zoning maps for all urban growth areas to reflect changes to urban growth area and urban growth area reserve boundaries, and rescinding the short term planning area zoning. The draft ordinance findings provide a discussion of each proposed amendment. Please contact me at extension 5931 if you have questions regarding the proposed ordinance. Attachments: Draft ordinance a. 7-13-2016 ORDINANCE NO. PROPOSED BY: INTRODUCTION DATE: 7/26/2016 ADOPTING DEVELOPMENT REGULATION AND COMPREHENSIVE PLAN AMENDMENTS RELATING TO THE 2016 COMPREHENSIVE PLAN PERIODIC UPDATE WHEREAS, The Growth Management Act requires Whatcom County to periodically review and update the Comprehensive Plan; and WHEREAS, The Growth Management Act requires Whatcom County to periodically review and update UGAs; and WHEREAS, The Whatcom County Council reviewed and considered Planning Commission recommendations, staff recommendations, city recommendations, advisory committee recommendations, Tribal government comments, and public comments on the Comprehensive Plan update; and WHEREAS, The County Council hereby adopts the following findings of fact: FINDINGS OF FACT 1. The Planning Commission held a public hearing regarding these amendments on May 26, 2016. Notification of the public hearing was published on May 13, 2016. The advertisement stated that amendments to WCC 20.80.210 and WCC Title 22 are also amendments to the WCCP. 2. A determination of non -significance (DNS) was issued under the State Environmental Policy Act (SEPA) on May 27, 2016 3. Notice of the proposed amendments was submitted to the Washington State Department of Commerce on April 28, 2016. Page 1 of 5 645 4. Pursuant to WCC 2.160.080, in order to approve the proposed comprehensive plan amendments the Planning Commission and County Council must find all of the following: A. The amendment conforms to the requirements of the Growth Management Act, is internally consistent with the county -wide planning policies and is consistent with any interlocal planning agreements. S. Further studies made or accepted by the Department of Planning and Development Services indicate chanq_ ed conditions that show need for the amendment. C. The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but L limited : �- ' L L � the - following 11 _ _ . _ _ 1 1 1_ _ 1 _ .. _ 1 _ not limite to the following snail be considered: 1) The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the comprehensive plan. 2) The anticipated effect an the ability of the county anril or nther ceryit--.e providers, such as cities, schools, water and/or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities. 3) Anticipated impact upon designated agricultural, forest and mineral resource lands. D. The amendment does not include or facilitate spot zoning. E. Urban growth area amendments that propose the expansion of an urban growth area boundary are required to acquire development rights from a designated TDR sending area, with certain exceptions. 5. Consistency. The Growth Management Act (GMA), at RCW 36.70A.070, requires, "The comprehensive plan of a county or city ... shall consist of a map or maps, and descriptive text covering objectives, principles, and standards used to develop the comprehensive plan. The plan shall be an internally consistent document and all elements shall be consistent with the future land use map." RCW 36.70A.040 requires that a "county and each city that is located within the county shall adopt a comprehensive plan and development regulations that are consistent with and implement the comprehensive plan..." The purpose of the proposed development regulation amendments is to maintain internal consistency within the WCCP, and to maintain consistency between the WCCP and the County development regulations (WCC) 6. WCC Chapter 20,36 Rural District — Surface Mininq Reclamation Plans. WCCP Policy 8K-4, as amended in the current periodic update, requires reclamation of mineral resource lands to other compatible uses on an ongoing basis, using best management practices. Consistent with this policy, the proposed amendments add requirements for surface mining reclamation plans in WCC 20.36.159. Page 2 of 5 M 7. WCC Chapter 20.43 Commercial Forestry District - Lot Coverage. WCCP Policy 8F-9, as amended in the current periodic update, discourages inappropriate conversion of designated forest land to incompatible uses. The policy states that incompatible uses include those that permanently alter or remove a significant portion of a parcel from forest product production, and defines a significant portion as greater than 20% of the lot. The proposed amendment to WCC 20.43.450 changes the maximum percentage of a lot area that can be removed from forest product production from 25% to 20%, consistent with WCCP Policy 8F-9. 8. WCC Chapter 20.82 Public Utilities - Sewer Lines. To aid capital facility planning near current and proposed urban growth area boundaries, the proposed amendments clarify language to WCC 20.82.030(4) stating that sewer lines may pass through areas outside urban growth areas provided they do not provide sewer service to any lot in the non -urban areas. This provision is consistent with WAC 365-196-425(4)(b). 9. Point Roberts Character Plan - Signs and Review of Building Permits. In accordance with the Point Roberts Character Plan Advisory Committee's desire to have PDS administer sign permit review instead of the Committee, the proposed amendments delete Section 11, the "sign ordinance" portion of the Character Plan. Also at the suggestion of the Committee, the amendments would revise Section 3 to change the time limit for the Point Roberts Character Plan Advisory Committee to review building permit applications from 21 to 30 days, and add a link to the online version of the Character Plan. 10. WCC Chapter 20.72 Point Roberts Special District WCC Chapter 20.80 Supplementary Requirements, WCC Chapter 20.97 Definitions - Signs. Concurrent with the proposal to remove the sign regulations from the Point Roberts Character Plan, the proposed amendments add new sign regulations to WCC 20.72.670. These regulations are generally consistent with those being deleted from the Character Plan, and have been reviewed and recommended by the Point Roberts Character Plan Advisory Committee. In addition, the amendments would delete a reference to the Point Roberts Character Plan's sign regulations, and add a definition of internally illuminated sign, a term used in the proposed addition to 20.72.670. 11. WCC Chal2ters 20.24 URMX District, 20.65 Gateway Industrial District 20.66 Light Impact Industrial District 20.68 Heavy Impact Industrial District and 20.80 Sur)plementaU Requirements - Urban Fringe Subarea Plan References. The Urban Fringe Subarea Plan has several numbered reference maps, and the content and numerical order of many of those maps have changed as the plan has been amended over the years. WCC Title 20 currently contains outdated references to Urban Fringe Subarea Plan maps in sections 20.24.052, 20.24.132(3) and (4), 20.24.700, 20.65.055(1), 20.65.400, 20.65.450, 20.65.550, 20.66.131(3), 20.68.064, and 20.80.210(5)(b) Gateway Industrial Page 3 of 5 647 Setback Table. The proposed amendments update those references to maintain consistency between the zoning code and the Subarea Plan. Because Section 20.80.210 is adopted by reference in the WCCP (Policy 2DD-2.B.3), the amendment to that section is also a WCCP amendment. 12. WCC Chapters 21.03 ExemptLand Divisions and BoundaryLine Adjustments Chapter 21.04 Short Subdivisions, Chapter_21.66 Final Long Subdivisions. and Chapter 21.08 General and Specific Binding Site Plans - Disclosures Near Significant Pipelines rIJrroni-ly Wr`rD Chapter 5 establishes a 660 foot notification area on each side of a natural gas and hazardous liquid transmission pipeline. The draft amendments to Chapter 5 revise that notification area to 500 feet (descriptive text under Natural Gas and Hazardous I iniiirl Trnncmiccinn Pinalinac qrd ` naranr nh) 1AAIrr Ti+lo ')I��� I rrondy requires ..��..... .r. ..... .....', ram. awy. a,.. �. vv ILIV L1 1-1 1 %.1 ILI Y 1 e4Ull GJ disclosures when a significant pipeline is within 660 feet of a subdivision, binding site plan, exempt land division, or boundary line adjustment. The proposed amendments change that disclosure distance to 500 feet, consistent with the WCCP Chapter 5 and updating the map references to indicate WCCP M a p. a_2 13. WCC Title 22 - Guide Meridian., Improvement Plan. The detailed provisions of the Guide Meridian Plan, WCC Title 22, have been replaced by more current code provisions, and all but about ten acres of that plan's study area has been annexed by the City of Bellingham. Because there are no applicable requirements remaining in WCC Title 22, the proposed amendments would repeal it. According to its original cover page, the Guide Meridian Improvement Plan is both a component of the Urban Fringe Comprehensive Plan and an official control pursuant to Chapter 36.70.560 RCW. Therefore repeal of Title 22 is also an amendment to the Whatcom County Comprehensive Plan and its subset, the Urban Fringe Subarea Plan. 14. Official County zoning Ma - Short Term Planning Areas. The current periodic update deletes `Short Term Planning Area" zoning in urban growth areas. Short and long term planning areas were used in previous editions of the WCCP to differentiate between portions of urban growth areas that were more ready for urban development than others (based largely on availability of utilities). Long term planning areas were deleted from the WCCP in 2009. The proposed amendments update the zoning maps for all urban growth areas, noting that short term planning area zoning is rescinded. CONCLUSIONS The subject amendments are consistent with and implement the GMA planning goals. The amendments conform to applicable requirements of the Growth Management Act. 2. The subject amendments satisfy the approval criteria of WCC 2.160.080. Page 4 of 5 M 3. The proposed amendments to the development regulations are consistent with the comprehensive plan. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Amendments to the Whatcom County Code are hereby adopted as shown on Exhibit A; and Section 2. Amendments to the Whatcom County Comprehensive Plan are hereby adopted as shown on Exhibit B; Section 3. Amendments to the Whatcom County Official Zoning Map are hereby adopted as shown on Exhibit C. ADOPTED this day of , 2016. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil Deputy Prosecutor Barry Buchanan, Chairperson ( ) Approved ( ) Denied Jack Louws, Executive Date: Page 5 of 5 M, • Exhibit A Whatcom County Code Amendments WCC Title 20 Zoning WCC Title 21 Land Division Regulations WCC Title 22 Guide Meridian Improvement Plan 650 W hatcom County Code Title 20 Zoning AMENDMENTS Chapter 20.24 URBAN RESIDENTIAL - MIXED (UR-MX) DISTRICT 20.24.050 Permitted uses. .052 Single-family attached dwellings; provided, that public sewer, water and, where identified by the appropriate Comprehensive Plan policies, stormwater collection and detention facilities serve the site, not more than four units are attached, and the number of dwelling units conforms to the density requirements of the district. However, additional multifamily development shall not be allowed within the UR-MX zones identified on Map -3-2 of the Urban Fringe Subarea Comprehensive Plan. 20.24.130 Administrative approval uses. The following uses are permitted subject to administrative approval pursuant to WCC 20.84.235. .132 Duplex and multifamily dwellings subject to the following limitations and the developer has conducted at least one neighborhood meeting prior to application for the purpose of hearing neighborhood concerns and suggestions regarding the proposal. Where being developed in an existing neighborhood characterized by residential development at densities of one dwelling per acre or greater, the uses listed in WCC 20.24.132 shall be administered as conditional uses rather than administrative approval uses; and are subject to the same criteria, requirements, bonuses and restrictions as if they were administrative approval uses: 2 651 (1) Duplex and multifamily dwelling units do not comprise more than 25 percent of the total dwelling units allowed for the entire site. (2) Duplex and multifamily dwelling units are constructed at the same time as, or after, at least 50 percent of the single-family units in an approved development. (3) Additional FnMultifamily development shall not be allowed within the UR-MX Zones identified on Map 32, Bennett Drive Residential Area of the Urban Fringe Subarea Comprehensive Plan. - - -- - - .r EE•1.1�11rl.flYl.R�IEl■l�s.l�lfft lEl.ir.I��EEII►IVlEIl l�1R■E�4.��I. �l�t tl�1�l..� 20.24.700 Transfer of residential development rights. .710 Areas designated in the Comprehensive Plan and assigned a UR-MX zone district, with the exception of the Bennett Drive Residential Area designated on Map -3--2 of the Urban Fringe Subarea Plan, are considered receiving areas for transfer of development rights from any sending area or base zone which has been established as linked to these areas. Chapter 20.36 RURAL (R) DISTRICT 20.36.150 Conditional Uses .159 Surface mining and accessory washing and sorting outside of short-term planning areas; provided, that: (1) The activity is not subject to Washington State's Surface Mining Act (Chapter 78.44 RCW). (2) The activity will not result in excavation or equipment within 50 feet of county road rights -of -way. 3 652 (3) The activity will not result in excavation or equipment within 50 feet of the exterior property lines of the site, except in the case of two contiguous operations in which case by mutual consent this setback can be zero. (4) Reclaimed side slopes shall not be steeper than three feet horizontal to one foot vertical for unconsolidated materials. (5) At minimum, the operations shall adhere to the development and performance standards of WCC 20.73.650 and 20.73.700. (6) All topsoil remains on site for use in subsequent reclamation. (7) No soil erosion or sedimentation will occur beyond the exterior property lines of the site. (8) No excavation shall occur within the five-year zone of contribution for designated wellhead protection areas. Excavations may occur within the 10-year zone of contribution outside of the five-year zone of contribution if they are not within 10 vertical feet of the seasonal high water table. Wellhead protection boundaries may be adjusted in accordance with WCC 20.73.131(2). (9) A cumulative maximum of three acres may be mined within the outer boundary of the parcel as it existed at the time of adoption of the amendment codified in this subsection. The intent of this provision is to prevent multiple conditional use permits for three -acre surface mines on a single parcel and prevent lots that were divided from a parent parcel after adoption of the amendment codified in this subsection from each having a three -acre surface mine. (10) Owners and/or Operators shall submit a reclamation plan that is consistent with the requirements of RCW 78.44.141. 11 Performance bonds or other monetary security as apiproved by the rosecutire attorney equal to the costs of completing the pronosed reclamation 121an, subsection (10) of this section, are submitted to the county, which shall be released within two ears after completion of surface mining; provided, that reclamation has been completed according to the reclamation plan. Chapter 20.43 COMMERCIAL FORESTRY (CF) DISTRICT WCC 20.43.450 - Lot Coverage: 4 653 No more than percent of the lot area shall be permanently altered or removed from production of forest products, excluding natural meadows, bogs, surface water and rock outcrops. Chapter 20.65 GATEWAY INDUSTRIAL (GI) DISTRICT 20.65.050 Permitted uses. The following permitted and accessory uses shall be allowed subject to an evaluation by the zoning administrator pursuant to the provisions of this chapter and Chapter 20.80 WCC. No permitted or conditional use shall be issued a building permit without provision of public sewer and water as defined in Chapter 20.97 WCC except as provided in WCC 20.65.058 and 20.65.654. Further, each permitted and accessory use shall be administered pursuant to the applicable provisions of the Whatcom County SEPA Ordinance, the Whatcom County Subdivision Ordinance and the Whatcom County Shoreline Management Program. .055 The following uses within one -quarter mile of a freeway interchange; except, that where this boundary divides a single parcel up to 10 percent of the area of a parcel that lies outside of this boundary may be included within it for the purposes of lot coverage and open space provisions: (1) Retail shops; provided, they do not exceed 10,000 square feet per shop in the Gateway Industrial District west of Interstate 5 and north of Airport W.Py, and west of Bennett Drive and south of Airport Way, shown on Map 3 of the Urban Fringe Subarea Plan (Planning Areas 1 and 2, identified on Map 6 of the 1997 Urban Fringe Subarea Plan).teas d......_mbed n the text of the �va',emview/1 Sint rirr Retail shops in r r other Gateway Industrial_ areas shown on that map may not exceed 35,000 square feet per retail shop. 20.65.400 Height limitations. Maximum building height shall not exceed 35 feet; except, that an additional foot in height is allowed for each one -foot increase in setback in the yard adjoining the interstate highway up to 45 feet in the We��­ef-v+ewfl-s-rn}_-_`angi 5 654 aFeaGateway Industrial areas designated on Map I of the Urban Fringe Subarea. Height of structures, where applicable, shall also conform to the general requirements of WCC 20.80.675. (Ord. 2013-057 § 1 (Exh. A), 2013; Ord. 99-040 § 1, 1999; Ord. 99-033 § 1, 1999). 20.65.450 Site design. Within the Gateway Industrial areas, designated on Map 6--3 of the Urban Fringe Subarea Plan, individual sites shall be designed in a clustered or concentrated form of development instead of lining the road frontage. 20.65.550 Buffer area. When a parcel situated within this district adjoins an Urban Residential, Urban Residential Medium Density, Rural or Residential Rural District, side and rear yard setbacks shall be increased to 25 feet. In the Gateway Industrial District west of Interstate 5 and south of Airl2ort Way, and west of Bennett Drive and less than 470 feet north of Air ort Way, shown on Map 3 of the Urban Fringe -Subarea Plan tPlanning Areas 2 and 3, identified on Map 6 of the 1997 Urban Fringe Subarea Plana, buffer areas shall be increased to 100 feet for commercial or industrial projects which exceed 5,000 square feet of floor area in one building or complex or generate more than 50 vehicle trips per day. Said area shall be landscaped consistent with the requirements of WCC 20.80.345. Use of buffer areas and setbacks for bicycle and pedestrian trails is encouraged. Chapter 20.66 LIGHT IMPACT INDUSTRIAL (LII) DISTRICT 20.66.130 Administrative approval uses. The following uses are permitted with administrative approval pursuant to WCC 20.84.235: .131 An adult business enclosed within a building, when located in a city's urban growth area; provided, that: 655 (3) Adult businesses are prohibited within the Light Impact Industrial zone located southeast of the Bellingham International Airport and north of Alderwood Avenue, shown on Map of the Urban Fringe Subarea Plan. Chapter 20.68 HEAVY IMPACT INDUSTRIAL (HII) DISTRICT 20.68.050 Permitted Uses. .064 Uses allowed in the Light Impact Industrial zone as permitted uses, WCC 20.66.100, shall be permitted outright within A-r-eas-4A; �B; and !G of the sherelin-e +et#t�s fal }r � esic�r a the Heavy Impact Industrial District shown on Map 1 of the Urban Fringe Subarea Plan. Chapter 20.72 POINT ROBERTS SPECIAL DISTRICT 20.72.650 Development Criteria. 20.72.651 Facility design. (Adopted by reference in WCCP Chapter 2.) (1) All commercial and institutional use structures shall conform to the requirements of the Point Roberts Character Plan. 20.72.670 Signs. Signs in the Small Town Commercial (STC), Rural General Commercial (RGC), Rural Industrial Manufacturing (RIM), and Resort Commercial (RC) zones are permitted subiect_to the provisions of 20.80.410 and 20.80.470 WCC, and subject to the following 1 Not more than one freestanding sin is permitted on a lot of record, and a freestanding sign shall have no more than two sign Faces. Freestanding signs 7 656 shall not exceed 12 feet in height and shall not exceed 40 square Feet in area per sign face. 2 Not more than 10 square feet of sign area per sign face may be internally illuminated. Characters within the internally illuminated sign area shall be achromatic and no larger -than six inches tall. Skins may be external) illuminated. 3 Single -faced signs placed on walls or eaves of business establishments shall not exceed a total of 40 square feet per business establishment. (4) Signs shall not rotate or Otherwise be in motion, and copy or pictures on the sign shall not flash scroll or display a video or animated image. 5 For put -poses of this section any sign erected or existing as of July 1 2016 that has a valid permit from the de artment but does not conform with the provisions of this section is a nonconforming sign. A nonconforming sign_may be maintained only by-12ainting or refinishing the surface of the sign face or sign structure so as to keep the apl2earance of the sign as it was when the riot vermit was issued. Any structural or other substantial maintenance to a nonconforminc sign shall render the prior permit void and shall result in the reclassification of such sign as an illegal sign. Where there are conflicts between this section and Chapter 20.83 WCC the provisions of this section shall prevail. Chapter 20.80 SUPPLEMENTARY REQUIREMENTS 20.80.210 Setback Requirements (Adopted by reference in WCCP Chapter 2) (5) Setbacks. For the purposes of this chapter, the road classification used to determine setback requirements shall be as set forth in this section. In the event a particular road is not listed in this section, the department of public works shall determine the classification, which classification shall be based on the Whatcom County Development Standards or such other local, state or federal roadway standards as the department of public works deems appropriate. Dead-end or loop streets providing access to 16 or fewer lots shall be classified as minor access streets. P 657 (b) Setbacks Table. Gateway Industrial (GI) Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, 1-5, State Arterials or Collectors Access Collector Access Yard Yard Hwys, Principal & Major Streets Streets Minor Arterials Collectors 25' 25' 25' 25' 25' 25' 1. Maximum building height shall not exceed 35 feet; except, that an additional foot in height is allowed for each one -foot increase in setback in the yard adjoining the interstate highway up to 45 feet in Ott_ West-4�akepvl' lFiterehange ar Map 3_ of the Urban Fringe Subarea and Hp ta5 8..=m- Bay �ubaFea. Height of structures, where applicable, shall also conform to the general requirements of wCC 20.80.675. 20.80.410 Signs — General Provisions — Applicable to all districts. (1) No sign or any portion of a sign shall be located on or over public property, such as road rights -of -way and easements, transmission line corridors or utility easements. Standard building height limits and setbacks shall apply to all signs unless otherwise provided elsewhere in this title or on other county codes or regulations including the county's Shoreline Management Program nraeteAiar . All freestanding signs advertising on - premise operations may be located within required landscaping areas, except that no such sign shall be closer than 10 feet to the road right-of-way. This distance shall be increased if it can be shown to present a traffic hazard. Chapter 20.82 PUBLIC UTILITIES �7 • 20.82.030 Conditional Uses. (4) New sewer lines extemie s-with an inside diameter of six inches or greater and length of 150 feet or greater, except for new sewer lines located and installed within urban growth areas or limited areas of more intensive rural development (LAMIRDs), and in conformance with a state approved sewer and/or water comprehensive plan and consistent with the Whatcom County Comprehensive Plan, which shall be permitted outright. Sewer lines shall not be extended to serve lots on Fur-e4outside urban growth areas unless such extensions are shown to be necessary to protect basic public health and safety and the environment, and when such services are financially supportable at rural densities and do not permit urban development. Sewer lines may ass through areas outside urban growth areas provided they do not provide sewer service to any lot in the non -urban areas. Chapter 20.97 DEFINITIONS 2 .97.382 Sign, internally illuminated. "Internally illuminated si n" means a sign or j2ortion of a sign that is illuminated b a light source that is contained within the sign. 10 659 Whatcom County Code Title 21 Land Division Regulations AMENDMENTS Chapter 21.03 EXEMPT LAND DIVISIONS AND BOUNDARY LINE ADJUSTMENTS 21.03.045 Required disclosures. The following disclosures, if applicable, shall be recorded in the county auditor's office and shall be filed concurrently with all conveyances of property subject to this title: (1) Right to farm, right to practice forestry, or mineral resource disclosures. (2) Boundary discrepancies. (3) Protective covenants, conditions and restrictions. (4) Latecomers' agreements. (5) Significant pipeline in vicinity disclosure when the subject property is within 66G 500 feet of a pipeline shown on Map 475 2, Chapter 5 of the Whatcom County Comprehensive Plan. Chapter 21.04 SHORT SUBDIVISIONS 21.04.170 Disclosures and notes. The following disclosures and notes, if applicable, shall be recorded in the county auditor's office and a statement identifying the subject and the auditor's file number, if applicable, for each such instrument shall be on the final short plat map prior to final approval by the county: (1) Right to farm, right to practice forestry, mineral resource disclosures. it ••1 (2) Critical area notes and protective easement as required. (3) Boundary discrepancies. (4) Drainage maintenance agreement block. (5) Road maintenance agreement block (private roads only). (6) Significant pipeline in vicinity disclosure when the subject property is within '-.:i' 500 feet of a pipeline shown on Map 4-252, Chapter 5 of the Whatcom County Comprehensive Plan. r s • • 0 Chapter 21.06 FINAL LONG SUBDIVISIONS • • • • . 21.06.070 Disclosures and notes. The following disclosures and notes, if applicable, shall be recorded in the county auditor's office and a statement identifying the subject and the auditor's file number for each such instrument shall be on the final plat map under surveyor's notes prior to final approval by the county: (1) Right to farm, right to practice forestry, or mineral resource disclosures. (2) Critical area notes and protective easements as required. (3) Boundary discrepancies. (4) Drainage maintenance agreement block. (5) Road maintenance agreement block (private roads only). (6) Significant pipeline in vicinity disclosure when the subject property is within 646$ 500 feet of a pipeline shown on Map 47 5 2, Chapter 5 of the Whatcom County Comprehensive Plan. Chapter 21.08 GENERAL AND SPECIFIC BINDING SITE PLANS 12 661 21.08.070 Disclosures and notes. The following disclosures and notes, if applicable, shall be recorded in the county auditor's office and a statement identifying the subject and the auditor's file number for each such instrument shall be on the general binding site plan and each specific binding site plan original drawing under surveyor's notes prior to final approval by the county: ■ Right to farm, right to practice forestry, mineral resource disclosures. 0 Critical area notes. 0 Boundary discrepancies. • Protective covenants, conditions and restrictions. + Drainage maintenance agreement block. + Road maintenance agreement block (private roads only). Latecomers' agreements. ■ Significant pipeline in vicinity disclosure when the subject property is within 6-&G 500 feet of a pipeline shown on Map +2�5=2, Chapter 5 of the Whatcom County Comprehensive Plan. 13 C�• Whatcom County Code Title 22 AMENDMENTS Chapter 20.22 (Reserved) -�C��re�= T e=Ee� ��5 o�tie u414e-*efOdiarq C��.'n`,.beh L.QBtl1�7Z1££LQf-the e-rcrc—vz-crrcEeenty eou 01, nvtears-Gvarrryf w5L, 311 Tn d-4feuSuite-j-WA- 98-22-5-. [Note: According to its cover page, the Guide Meridian Improvement Plan is "both a component of the Urban Fringe Comprehensive Plan and an official control pursuant to Chapter 36.70.560 RCW." Repeal of Title 22 is also an amendment to the Whatcom County Comprehensive Plan, repealing a component of that plan.] 14 663 Exhibit B Comprehensive Plan Amendments Note: The Point Roberts Character Plan is a subset of the Whatcom County Comprehensive Plan. The Guide Meridian Improvement Plan (WCC Title 22) is both a subset of the Plan and a development regulation in the Whatcom County Code. 15 = POI I ROBVIO s ( IIAH U-4,114 PLAN PC, -I, I P':i) , ; " 4.1 , ., , I - Itil! "hc I ri) C� S rc i It:V, ti i ri i si L­. i i (1 4-(jol MI'd 01" f.O ,ppieltn NMW OICIii)t 4 f)f I T 0 r 4PJrcfi�S. on"d 4-014 ( 4 -1 1 15 4-olo Otkcr fcautics .4-1117 F'\I"'rtor Fmish and 4.01 7, I N JiA DRAFT AMENDMENTS 665 SECTION 3-001. ADMINISTRATIVE REQUIREMENTS AND REGULATIONS SECTION 3-002. HOW THE PROCESS WORKS 1. Copies of the Point Roberts Character Plan are available from the Whatcom County Department of Planning and Development Services. http://www.co.whatcom.wa.us/I 143/Point-Roberts-Subarea-Plan 2. Building Permit applications are also available at Planning and Development Services. 3. Prior to applying for a building permit, developers should familiarize themselves with the Character Plan document and seek professional assistance, where necessary. This will ensure a speedy and successful permit application. 4. In addition to the customary permit and servicing requirements of the County, any commercial or institutional use structure and/or sign permit application will be evaluated for "compliance" or "non- compliance" with the Point Roberts Character Plan. This will be reflected in the permit checklist. 5. The Point Roberts Character Plan Advisory Committee will examine applications within 24-30 days prior to the date of building permit application to indicate compliance with the Character Plan. 6. The Point Roberts Character Plan Advisory Committee is a local advisory body to Whatcom County administrative authority. It will examine applications with respect to compliance to the guidelines. The purpose of the Committee is to assist the County in making its determination of "compliance". All decisions of the County will be final. 7. A successful applicant will be issued a building permit upon receipt of applicable County fees. SECTION 3-003. PLANS AND OTHER INFORMATION REQUIRED In order to assess compliance with the Character Plan, the Whatcom County Department of Planning and Development Services will require at the time of application the following: 1. A scale site plan indicating the street, all structures, landscaping, ingress / egress, parking facilities, freestanding sign locations, freestanding lighting facilities, waste facilities, pedestrian walkways, fencing, screening and other miscellaneous appurtenances (eg. fire hydrants), if any. The plan must be to scale and indicate the dimensions of any structures, setbacks, and parking facilities. 2. A scale elevation which clearly indicates structural dimensions, heights, and roof lines, as well as any other exterior designs and finishes visible at ground level from any point on the compass. Diagrams must include specification for all doors, windows, porches and awnings. The types of roofing and siding materials(s) must be specified. Color chips for roofing, siding, and awning materials must be made available. All exterior lighting facilities must be clearly outlined and indicate style and finish. The locations and dimensions of signs on structures will be clearly indicated. 3. Sign Regulations: Refer to ordinances on signs and flags. SECTION 3-004. PLAN INFORMATION Developers and or architects are required to submit a written rationale. Lighthouse Packing Co. �r� ierf'f � 18 ���_ +--�ii.+:-it�•3ii-fir+•-eTFr-2r•-�---^---�'-_..-��..��ir,_.-,-F' �--5�. ..,.err.-�+-- .. .. .. ..... �___ -•-.:�•—r'+lr+•a-rr� -.:. -, .s..�.-. _•_ 3 raa m 14. 7 Iq a Am. !,Awmmilod . = Nimv� I All, 1, 1 i 1 1 ii, H etti r-t 42, 1 i I r F 11 1 ti; • 2 1, w:1 1 f "-,4�:-`-Fib t , e f i f I 1� ) i ,� l I ' I ) I ' ! R 1 � k , H k Pl \ 1 , I I I ,, P; \ � Me 670 hit I � P, T' I P. i uplij m k F i 671 i I i"(WHHO i "jig, vw i 4NP,N.t� 1 1 1 w 1 1 1 ---------- "m , ) 1 L. 4.4 Hox WH). ll,%� 1 V iN li 1 i, t W 1i4N1j.N1' R 'i Mg d!. 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Van MllE Rd? �+ rao LZI Ilk I v� c AO /� 1I 'i...n••; yl „ RSA 1 ,r'Fi r �—... ............ f r' 0 JtiLr,..•.'jep��. n Covni i _ WhBslierWeWid E 8a1f13lyaa'!1 a .✓� �, �•ir•• •••*�°• i • S YEA _ =�rj . ..�............. .mil ��Q",.�...�r ..L.=.. � m � r —" . \� -• I •�.i =:,)y T174� _' cL@O P •1 -RRSA if 7� I » . r F y _ iu rNxe-tr .. ..........I.. �' "`,^y EmrJ3 �r_= 0. RSA r.. .` ui 1, _ �Fjlj ( ... i 'LRoS Roadoryry Rd NC D� Tn Alabama St S{ t Syr � Y iPwa St, Rn Lake LR , Whatcom % J r Bellingham i. Bay I �n9lCll E URMX6-10 U N%6.12 ti r Llt'e�M1y � ' + ADS i RSA -F �..... . ......... .......!sd & RIF — ry S.. I' 3 R05: � 0� I1061 S ' j 1 URMXG-10 + 1! •�01 .s .....ii .. ....,..♦ y........... I old ERar.. _„ kk r 1110A 1 _ r1 }..... • .j \Z d o { rl lR ................., Lake G ............ i gR5A• i Q [tiS5P1 ��- �_ -•� o r..T ' F n i RF lfi F RSA RIF �.., If Bellingham UGA & Surrounding Area ogPgocam C. s� Ir` I Incorporated CityUSE OF WNATCOM COUNTY'S Gig DATA DIPLIESTHE USER'S �" �6 `—•-�� p ASH EEMENT WITH TI I E FOLLOWING STATEMENT'. WhalcgmC°unly H111lm°any-1.10y dt mesc"anlabIIIy d, .—My y- •,'. ul fllnPas pl Ihls map for any padlcular puipasc, cIther cap,,, °r y' I _ j Urban Growth Area mpllee.Edepr—dalind., ara,dy1.-a.—.... ,g11.a—, 1 . a.. currency, epmplelenIN eae n, qunilly el data dulcled pn Dmap-4 ny ap-Any user pl Ihi [ map as -a all le[pp sl"Illly MY use t"eleal, and I ludher agrees 1° 1111 WN10, County harmless Irpni and ag.1111 any Urban Growth Area Reserve d°mapa,Ipa[•°"'°°""ya" 0_ 0-3]5 ]�1_5 Miles Existing/Proposed Title 20 Zoning Boundary %aeri►#' Note: Short -Term Planning Area zoning is rescinded 33 682 Whatcom County I comprehensive Plan Official Zoning Map - Map UGA8-a Birch Bay UGA & Title 20 Zoning Incorporated City Urban Growth Area Urban Growth Area Reserve Existing/Proposed Zoning Note: Short -Term Planning Area zoning is rescinded. 34 USE OF WNATGOM COUNR'S GIS DATA IMPLIES THE 05EH'S AGH EEMENT WITH THE FOLLOWING STATEMENT' a W.. to i11Pry�Ma nvra�W/NAwAillgel!/yrwarsaay nrnaN W W M+Ir M4ilEE llwwr.+�W�.ww cglw wnrwrm.,al.grww nE.ra<n. +R.ww..�'.Iw�yyrYMMMM Wlrr rra�W✓Sd1F�vW��/.. 14 a�iW�ay1n N11'N�dEi+F �11w M1*EIAiM! ,.•�.. Iaa.. N�kNgE �,� EYA aM MtHIIIM �.: 0 0125 025 Q5 Miles No 1"FOR04A11 v43r--ABC0' co 'Pys 2,016 A. "•V 3 [IMIC] Whateom County I Comprehensive Plan Official Zoning Map - Map UGA2-a Drayton Harbor I r` f I '�. rr 1 Blaine tr I LL Z11OR5 -+••.....:ice„ -►-• a. w �..�71Iir T J �i L Birch Bay URa Blaine ------- Y l R10A Y r •� SWEET _ SWEET HOIER HAYnuF VM1�'T - I I � 6 - RSMCGEE —J A l R10A ��.Lu -- -LNC(X E LOOMIS TRAIL LOi7iV+15 rRAil es ANOERSQN +1Ni7 •SON �.���.....� RCH SAY LYN12EN Wlis + I •0 CP saI S ...■N ...•..•...all 1 ■ • ir V-4..■ . �p �•�. tri { Y CREASY — r • • Y iii •■i••`•..v• ups �. .:....• • I • _ :M.■ray AF2NIE �ARNFE • AL ERSOV i TAF2TE • •!•^ / ..■• as sibs ✓` Blaine UGA & Title 20 Zoning Incorporated City Urban Growth Area "•.; •• Existing/Proposed Zoning Note: Short -Term Planning Area zoning is rescinded. 35 684 4a,O WORM,gro �0 P�CaM CO USE OF WNATCOM COUNTY'S GIS DATA IMPLIES THE USER'S qO � 2016 v"r'" fi,; AGREEMENT WITH THE FOLLOWING STATEMENT' .nnawc..nrsawhe..r.aH.gr...r.raE�r..,nulr _ rplied rlw.a•Irrq Trdlnalw Is made alli, c„ Nsnpnnmmisn swan Ilrj W made unapl,l,d nibismasm- asr,a„rmnryissmplel mess sr Ourllrrdials „Is, a.. snrb slip h„serer �eosli� 'O raryomlonlry loran and against ewnlra. cnumr narmlaaa lrom add against any dismiss. IM. or ilabilliv a„slns Imm am a.a W Ima mrr. 0 025 05 1 Miles Whatcom County I Comprehensive Plan Official Zoning Map - Map UGA10-a T � 11 �f{• �....• ■..•............ Iry ' T°well Creak I I � U R�., RSA _ LI I i %SR - I i R5AT. E f ' I ' t I !f H,II - L\ RSA GROWN ALo RGRpAlE �l�$ r ...-4 �m f Lake q R5A n - U(31-AS 0�' - 5A o UNIa WiALLTINE V Cherry Point UGA & Title 20 Zoning USE OFWHATCOMCOUNN'SGIS DATA IMPLIES THE USEH'S —" AGREEMENT WITH THE FOLLOWING STATEMENT Major Port/Industrial UGA .Aw[n ,nl= IAEeATN[NAgl.un.AAuA.v} ..Anly �, - �• el llhfn 4Ale nap l>Y ANE3��[Ifwl[ee, e.hn eeennn 7w11NJ N[nr[ud.ILl..l .en AY[FenM. lvnnfry lAA NeA[r {� .'1•=w+A•h. umAlll[Attl a gwpp.vw.ldEPelEA .AhM Existing/Proposed Zoning e.IAIIT 2I nqA NaW.N AN4 )IAI qa }lllunlw" xa fl �`:ir.[elwinAESHe no flea nv ne',I IM'�nfW. _Q M a azs os 1 Note: Short -Term Planning Area zoning is rescinded" �.. 36 11.0m Whatcom County l Comprehensive Plan Official Zoning Map - Map UGA9-a ..f................ RSA RF J : :F 1 CF 1 LR10A it RF i : U R4 r- R10 �U m LI7i'E:E6{GHi]RN RF CF Columbia Valley UGA & Title Za Zoning cOORMgra oM co Urban Growth Area Urban Growth Area Reserve "•.; Existing/Proposed Zoning Note: Short -Term Planning Area zoning is rescinded. 37 P �� 2016 USEOFWHATCOM COUNW8018DATA IMPLIES THE U8E0'B WITH STATEMENT: ��0 pOBEEMENT THE FOLLOWING 0,4 C[eCA0.u1.1r•q.1¢r[AW 0•r�1•[ryrllnl r.•m.K1 - ..x p J . e1:N.•rrrd W[.+]In mp[MI++Att pn[a.a, eNllr¢xPnlfw 1�Up •e npruulNn•en+.n.�l. n[a r�rl•n8tr. �[:_r .ir},e�m.n, xaxolr+.rm uwn�ryer w.werxw..ulrw.r � `� ;� � � ' ��KLL y4 Ilni nkp.ua..l ourAyeHH001nne1Ar.N..+1 rrliii: qv.. v N.r wA eer• ceNer AamI1 k IY1. rs.paru .r1 A4+•l.. 1auel11Ay1>t1 .h..a lkn ni[u �10[1 [4e N'�,�:+< 0 0125 0.25 05 M&WqwMlk¢ ^ o •:. Whatcom County I Comprehensive Plan Official Zoning Map - Map UGA3-a P IMON AG w Z 0. ;P P J j TOM Nooksack _.._...._..,... ►j j t. � i � � AG l -K VAIN DYK NYC • Everson AG :AG........._ ■ 'UR4 ' F• I 1 ! ! R4 f i �x 1 P ; ........ 11R4 I T I RSA IlR4 ...... l ! Q, I 11 f 1 � I j 1 Nooksack UGA & Title 20 Zoning Incorporated City Urban Growth Area j Urban Growth Area Reserve • ~• ;: • Existing/Proposed Zoning Note: Short -Term Planning Area zoning is rescinded. 38 i i MACK tNF Q RMq TKO ���� C0G sfp caQP P"�"C�/J7 2016 USE OF WHHTCOM COUNTY'S OM DATA IMPLIES THE URN �?C) NBHEEMENT WITH THE FOLLOWING SrSTEMENT: Onnq 'Wd MvomT=largjr 4g......unxnnfm me7 .f...nelr.rvzaAerelp..rare.INnNrrny.,Irr.lulSd.Ar1. m.ery.d4a1111.1"IrclExVi 1 Y. -. woe. lr.rrs Vw l=lvsnM..Nn � a.l: 04A. ow.. u�Rl.frdt0 rmn t-Y.W.rl.nr W�SFII.I,.�tlpllq. Ny.SiM..Y nr tllAll mrN. 0 0125 025 051.. Mi Whateom County I Comprehensive Plan Official Zoning Map - Map UGA4—a _ EI-L i n �� FOX FOX I �� _ ., RSA ¢ r' LAI LII � .•• a l». (�` - r f � : oaf G/ s' UR4rM -� ...► ... t w +.+..... \ i RSA ; . - -- RSA POLE N o r R10A l R10A a o f I N � FF I ■ jj .� � � l UR4 AIi : SY•-7aJ �, i LA7iIINpRE ' � 1 x��` } f _ r ■ d io Ur I ! 1 _J 4•...� PIPER- li l � � I Ferndale', i v - ��,1 I ! ► i�. AGii iis PAPADiSE • r Lu is � • • XIPL 's, iiiioa— nacxaN. ... .V.�---- - R4, year` » ti • LAC x W wn bad•.-� - - /� RSA GLAS I i ROS; ' 5A r!r U a��■.' •■..■ RRiA k ••.r•.i RSA', :: SELFCjZN ; NIC as uLRICH RSA • .. �4� ■ �► 1 •� tA f]`Os } gar. ; _ �` '': ��..�.„■.■ SA'1iTH - LAMPMAN ccJ y - as...�:..''tn J LABsow 1 I I AG -'15 `� �_ GE �.... - R5A. f z \ :-�--�.•.f � _ r •afi Ferndale UGA & Title 20 Zoning ,"V0RM4r,0� L- - Incorporated City USEOFWH ATCOM COUNTY'S CIS DATA IMPIIESTHE USEH'S J4 l 20 6 ASH EEMENT WHN THE FULLO WINO STATEMENT: WhmdamCpxmydlemelma ana,arron,ydl ma.. Heir sighsai ss anly i` JI of Illness of lhla maplar any pedlcular puipeee, elMer eePnese �f%, Urban Growth Area mpllad Np represemmlan of wenamy is made conesd lM1e asour- R acy, es. hieempleleneas orque" oof data depleted on lhle map 1A anY user ohms passumae eH respontlelllly Is. use lhelBp,,and IV NO., aaleee la hold Whamom CeaMy harmless- ag.l. any 11 Urban Growth Area Reserve 'emN"05RorHAMMBtl6in ],amanvia ol[his mea• 0 025 C5 • • Miles Existing/Proposed Zoning SerA ce Note: Short -Term Planning Area zoning is rescinded. 39 688 Whatcom County I Comprehensive Plan Official Zoning Map - Map UGA5-a o o, I =I c1 � yl ----- -- Q t ---- -- I _ PANGBORN ---- z! --- Q AG AG HAVEMAN Cr � ❑ ui - . •....1 in ... .r{..•5 E_ ON R A ADGER SR-546 9*60 .... r a AG+ r x a Lyn.4 den _ L01 x r HAMPTON UR aarTre. nxE„ U R M 6 ABBOn_ AGI /-� f •• 1 163 • r � r7 { �'- - r Ln 3 =-•:i: �:.. . ►. ..... -' �NA$ER LAfCir_. f �........■ ■ :•..•• 1 rrpm ll—rr-- •.... • 1 Lynden UGA &Title 20 Zoning �-BOA "�P4Q sfs ----- 2016 USE OF WXATCOM COONTV'S GIS UNTA IMPLIES THE USER'S AGREEMENT WITH THE FOUCWIAG STATEMEAT. Incorporated City rh ---_: What—on+N 001b .w M� 11.—My _ Iin�:,v�tlY4Anl he rlwwww. MI�AwEA wl mA'mF ���� '' J h �: "�rrupw.w$r N Urban Growth Area ��A�A �EIu�w.��;''�, dYanAMN.WWrV MAY.AM.„�IIY.lyA1E AA,F - . Existing/Proposed Zoning U 025 OS ' Miles fjs S, koe Note: Short -Term Planning Area zoning is rescinded. 40 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016 - 179 c CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 7/20/2016 7/26/2016 Council Division Head: Dept. Head: Prosecutor: Purchasin Budget: Executive: TITLE OF DOCUMENT. Confirmation of Members to Serve on the Jail Stakeholder Workgroup ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Confirmation of Members to Serve on the Jail Stakeholder Workgroup COMMITTEE ACTION. • COUNCIL ACTION. 7/26/2016: Confirmed 6-0, Donovan absent Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. •'1 Name: Jail Stakeholder Workgroup Membership: See below. Purpose: The Jail Stakeholder Workgroup will provide a recommendation to the Council for the financial agreements required for development of a new jail, including the cost of the facility; the funding mechanism; and the allocation and funding of operating expenses between jurisdictions. The Workgroup will advise the County Council and the County Executive on the development of a new jail ballot measure to be put before the voters no later than November 2017. Enabling Statute(s): Whatcom County Resolutions 2016-021, 2016-025 Term Information: Terms end when Workgroup is dissolved upon County Council adoption of a jail ballot measure. Meeting Information: TBD Staff Contact: TBD Position # Name/Address Whatcom County Barry Buchanan, Councilmember Council Whatcom County Council 311 Grand Avenue, Suite 105 Bellingham, WA 98225 Whatcom County Todd Donovan, Councilmember Council Whatcom County Council 311 Grand Avenue, Suite 105 Bellingham, WA 98225 Bellingham City Council Pinky Vargas, Council Member Bellingham City Council 210 Lottie Street Bellingham, WA 98225 Bellingham City Council Gene Knutson, Council Member Bellingham City Council 210 Lottie Street Bellingham, WA 98225 Small City Council LIBC Nooksack Tribal Council Vacant Vacant 2665 Kwina Road Bellingham, WA 98226 Vacant P.O. Box 157 Deming, WA 98244 County Executive Jack Louws 311 Grand Avenue, Suite 108 Bellingham, WA 98225 Bellingham Mayor Kell! Linville Bellingham City Council 210 Lottie Street Bellingham, WA 98225 Small City Mayor Jon Mutchler and/or Scott Korthuis Phone and Email 360-778-5010 360-224-4330 BBuchana(a)co.whatcom.wa.us 360-778-5010 360-483-8474 TDonovan a@co.whatcom.wa.us 360-778-8210 (City Council) PTMVargas cob.org 360-778-8200 (City Council) 360-733-1640 (home) 360-734-4686 (Work: Bham Cold Storage) GKnutson(a)cob.org 360-312-2000 360-592-5164 360-778-5200 JLouws�7a co.whatcom.wa.us 360-778-8100 Kelli Linville: mayorsoffice(a)_cob.org Thru Mayor assistant: ecoogan(a-).cob.org Copy to Peter Ruffatto: pruffatto-cob.org 691 Sheriff Bill Elfo Public Safety Building 311 Grand Avenue Bellingham, WA 98225 Bellingham Police Chief Cliff Cook Bellingham Police Department 505 Grand Avenue Bellingham, WA 98225 County Council Appointees: Bellingham Resident Kelli Carroll 725 Racine Street Bellingham, WA 98229 County Resident Harold Cummings P.O. Box 1795 Ferndale, WA 98248 IPRTF Jack Hovenier Mail: 702 Kentucky St. PMB 391 Bellingham, WA 98225 Corrections Officer Mark Hoist, Corrections Sergeant Public Safety Building 311 Grand Avenue Bellingham, WA 98225 Updated: 07/28/2016 360-778-6600 BElfo(a)co.whatcom .wa. us 360-778-8800 CRCook(a)cob.org 206-478-9242 KelIICarrolIsea(a comcast. net 360-483-9398 HillCummings a�live.com 360-734-0363 360-319-4442 (cell) jack _nicetiger.com 360-778-6500 MHolst co.whatcom.wa.us 692 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-252 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: fl an. E CE 9 V 819116 Intro Division Head: 9113116 Finance D Committee; Council Dept. Head: �. dO� /� Prosecutor: COUNCIL r I Purchasing/Budget: 1 (a Executive: TITLE OF DOCUMENT. 2016 Supplemental Budget Request #14 ATTACHMENTS. Ordinance, Memoranda & Budget Modification Requests SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Supplemental #14 requests funding from the General Fund. 1. To appropriate $10,000 in Council to fund administrative assistance for the IPRTF. 2. To appropriate $150,000 in Council to fund criminal justice consultant for the IPRTF From the Jail Fund. 3. To appropriate $55,000 for additional funding for IPRTF admin support and contracted services. From the Chemical Dependency /Mental Health Fund. 4. To appropriate $80,000 to fund IPRTF admin support and contracted services. COMMITTEE ACTION. • COUNCIL ACTION. Related County Contract #: Related File Numbers: Ordinance or Resolution Number: 693 PROPOSED BY: Executive INTRODUCTION DATE: 8/9/16 ORDINANCE NO. AMENDMENT NO. 14 OF THE 2016 BUDGET WHEREAS, the 2015-2016 budget was adopted November 25, 2014; and, WHEREAS, changing circumstances require modifications to the approved 2015-2016 budget; and, WHEREAS, the modifications to the budget have been assembled here for deliberation by the Whatcom County Council. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the 2015-2016 Whatcom County Budget Ordinance #2014-065 is hereby amended by adding the following additional amounts to the 2016 budget included therein: Fund Expenditures Revenues Net Effect General Fund Council 160,000 (160,000) - Total General Fund 160,000 (160,000) - Jail Fund 55,000 - 55,000 Chemical Dependency/ Mental Health Fund 80,000 - 80,000 Total supplemental 295,000 (160,000) 135,000 ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk APPROVED AS TO FORM: Civil Deputy Prosecutor )2016. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2016—Suppl\Supplementa1 #14-2016.docx 694 WHATCOM COUNTY Summary of the 2016 Supplemental Budget Ordinance No. 14 Department/Fund Description Increased (Decreased) Expenditure (Increased) Decreased Revenue Net Effect to Fund Balance (Increase) Decrease General Fund Council To fund administrative assistance for the IPRTF. 10,000 (10,000) Council To fund criminal justice consultant for the IPRTF. 150,000 (150,000) Total General Fund 160,000 (160,000) Jail Fund To add additional funding for IPRTF admin support and contracted services. 55,000 55,000 Chemical Dependency / Mental Health Fund To fund IPRTF admin support and contracted services. 80,000 80,000 Total Supplemental 295,000 (160,000) 135,000 695 Supplemental Budget Request Status: Pending Council Supp7 ID # 2152 Fund 1 Cost Center 1100 Originator: Dana Brown -Davis, Clerk of :..............................................................................: Expenditure Type: One -Time Year 2 2016 Add'I FTE ❑ Add'I Space ❑ Priority Name of Request: Administrative Assistance - IPRTF Costs: Object Object Description Amount Requested 6140 Overtime $10, 000 8301.118 Operating Transfer In ($5,000) 8301.124 Operating Transfer In ($5,000) Request Total $0 la. Description of request: The Incarceration Prevention and Reduction Task Force (IPRTF) was established in June 2015. This group is charged with numerous tasks, as outlined in Ordinance 2015-037 (attached). In October 2015 the County entered into a contract with the Whatcom Alliance for Health Advancement (WAHA) for facilitation services to support the IPRTF. On March 25, 2016, the County received a letter from WAHA suggesting that the contract between WAHA and the County be terminated for public The Council Office has received a request to take over many of the administrative responsibilities previously assigned to WAHA. It is anticipated that with some adjustments to current work assignments and approval of this supplemental budget request, our office can carry out the following tasks for the IPRTF: 1.Work with task force co-chairs and subcommittees chairs to set agendas and gather meeting materials. 2.Distribute agendas and packets. 3.Set up the task force website. 4.Post meeting -related materials and other documents to the task force website. 5.Attend and record all task force meetings and subcommittee meetings. 6.Prepare meeting summaries. 7.Prepare and post all meeting notices. 1b. Primary customers: Whatcom County taxpayers, citizens, IPRTF members, and IPRTF subcommittee members. 2. Problem to be solved: Approval of this request will ensure we have funds available in our budget to pay staff to carry out assigned administrative tasks for the IPRTF. 3a. Options /Advantages: In order to provide the staffing necessary to carry out all anticipated administrative tasks for the IPRTF, approval of this request is our only option. We do not have funds available in our current budget to cover this additional expenditure. 3b. Cost savings: Unknown at this time, but it is likely that there will be some cost savings to the County with approval of this request, versus including administrative tasks as part of a new facilitator contract. Mwiday, August 01, 2016 Rpt: Rpt Suppl Regular Supplemental Budget Request Status: Pending Council Supp7ID # 2152 Fund 1 Cost Center 1100 Originator. Dana Brown -Davis, Clerk of 4a. Outcomes: The Council Office will be able to assist the IPRTF in its mission to continually review Whatcom County's criminal justice and behavioral health programs and make specific recommendations to safely and effectively reduce incarceration of individuals struggling with mental illness and chemical dependency, and minimize jail utilization by pretrial defendants who can safely be released. 4b. Measures: The initial work of the IPRTF, as outlined in Ordinance 2015-037, will be ocmpleted. 5a. Other Departments/Agencies: Numerous departments in all three branches of County government, along with outside agencies, will be impacted by our ability to provide administrative support to the IPRTF. 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Cost Center 124410, Incarceration Task Force Prevention: $5,000 Cost Center 118198, New Jail Coordination: $5,000 Monday, August 01, 2016 Rpt: Rpt Suppl Regular 697 INCARCERATION PREVENTIO I NAND REDUCTION TASK FORCE INTENDED TO PROVIDE RECOMMENDATIONS, OVERSIGHT, AND SPECIFIC TIMEFRAMESON T I HED EVELOPMENT OF NEW :OR. ENHANCEMENT OF EXISTING, PROGRAMS DESIGNED,ALONG A CONTINUUM THAT EFFECTIVELY REDUCES INCARCERATION OF INDIVIDUALS, STRUGGLING WITH MENTAL ILLNESS.ARD CHEMICAL DEPENDENCY, ARD. MINIMIZES. -JAIL UTILIZATION. BY PRETRIAL ESTABLISHING WHATCO M: ,COUNTY: CODE. 2.461 CREATING A WHATCOM COUNTY WHEREAS ch.20I2 th6:3 'I inci Task 5orce recorn*ended that space be found for a aJ behavioral triage facility'with sufficient capacity and capability tnoffer pre-Upok|ngUiyeoJon from jail;, and WHEREAS, the proposed,countywide jail 18 currently designed to include needed space.for expanded rmed|cal andrnenta has$tlprogramspace |Bthat facility; and WHEkEAS,,the.'Wb. t .County Health Department has been planning toward an expanded and new crisis.triag facility to providean alternative. tothe Jail Arthe: hospital emergency room; and WHEREAS, the. Whatcom County Council and whatccm County Executive reduce jail populations and reduce recidivism- through jail alternative programs and the County has the flnO, , ncial capacitV.and is cornmittedto providing the capital necessary fora now or expanded crisis triage center,, and these facilities and. programs related to behavioral health issues and share the commitment to� WHEREAS, the County currently provides behavioral, health. programs funded th,rough the Behavioral Health Tax, -,at approximately . $4.1 million annually, wh.ich , include a.contin.uumof behavioral health. services desighed:to reduce criminal justice lrivo'lvement. of people struggling with mental illness and Chem ica] Aepenclency and has earmarked $3 million in Behavioral Health Tax revenue reserves for the expansion and/or relocation of a new triage center; and W:HEREAS, the County currently owns ' and operates a behavioral health crisis triage Center transfer or repurpose for behavioral health; uses, when the new countywide jail is completed and the�County has agreed and:ordained I that.if that property is sold, or transferred, the resulting net value and proceeds from 'the transaction will be applied by the County to facilities and programs I that support . , t I he goalsof treating:and cli I verting i nclivid.uals with behavioral. health problems from .the criminal jus-ti ce system�, such as a new orexpanded multi -purpose triage center; and these behavioral health facilities and programs are designed to achieve the hd ^~— policy ~ h 1) ` reduction . the number ofmentally ill and chemicallydependent people WHEREAS, the County's costs for current criminal justice and incarceration programs continue to rise every year; mental illness and chemical dependency problems Kaye a significant impact on he utilization of these very expensive services; and successful diversion programs should resultIn substantial long term savings to„the criminal' justice system; and WHEREAS, the County ;intends to construct and operate a new or expanded multi -purpose diversion crisis triage renter, in parallel with the construction of the new county wide jail:facility and intends to reduce long-term jail populations and reduce recidivism, by providing safe and effective medical, mental health and substance abuse services,to.individuals in need of.such services. NOW, THEREFORE, BE IT ORDAINED by the Whatco.m County Councia that Wh:atcom County Code Chapter 2:46 is hereby established, creating a Whatcom County Incarceration Prevention .and. Reduction Task Force ;as outlined in Exhibit .A to this ordinance. BE IT FURTHER, ORDAINED that the initial tasks to be: accomplished by the Task Force are as follows: A. Develop plans for a new or expanded crisis triage center for individuals struggling with mental illness and. chemical dependency, including;. 1. Substantive programming to be included and auxiliaryservices that would increase efficiency and effectiveness 2 Location and space needs criteria 3. Funding sources and :recommendations for both construction and operations 4. Specific dme.frames for decision -making and completion. 5. Documentation of assumptions used to project the .effectiveness and costs. B. Development recommendations for new, or enhancement of existing, programs designed along a continuum that effectively reduces_ incarceration of individuals struggling :with Mental,illness and chemical dependency. BE IT FURTHER ORDAINED that the initial work of the Task Force :for the above tasks shall be accomplished and reported to the County Council in the following phases: PHASE I - Review current practices and assigned resources, (facilities, programs; funding sources), and develop goals for new or modified programs, and projected operational objectives. Determine licensing requirements and program components.. Provide general, information on expenditures and sustainable revenue projections. Deliver the initial Phase 1.. report by January, 10, .2016, PHASE Ii - As. service facilities are identified in Phase I- develop facility specifications; iden.tlfy possible.facility: options (either new or existing locations), analyze, and recommend 1 or 2 options with projected short and medium term costs. Deliver the initial Phase 2 retorts as completed_, but no later than Nov_ernber 1,._201.6. PHASE III Develop specific operational plans and budgets leading to implementation of appropriate crisis intervention, triage services and incarceration prevention and reduction programs Include details on schedules, assignment of responsibilities, projected outcomes anticipated, possible cost allocations between the County and the cities, and a basic business plan for .each ,selected initiative. Deliver the initial Phase 3 report with sufficient. details to proceed with construction and rsrogramminci of a new or, expanded crisis triogee center no later than March 2017. 1•• BE IT FURTHER ORDAINED that the County Council,.with the full support of the County Administration,'wili implement a continuum'of alternatives to.incarcerationdnd jail diversion programs with the following expectations and commitments of assistance for the Incarceration Prevention and Reduction Task Force: e Complete a preliminary plan for the new 'or expanded crisis triage .center and alternatives to incarceration and diversion programs as soon. as reasonably possible and provide quarterly reports to the Council and Administration on Task Force progress. Review national best practices for the before,: mentioned objectives and 'establish benchmarking of the County is performance against same: ".Corn pleto detailed planning s.uffident to proceed with. construction and programming. ;of a new or expanded crisis triage center to.:start no later than March 2017. • Fund the support activities: of the Task Force, including a robust and detailed planning process for the new or.expanded crisis triage -center and other recommended diversion programs. Initial funding for 2015 will be $75,000. a Identify opportunities to acquire governmental and non -governmental funding`to support financing for the construction and .operation of the new crisis triage center. is Commit 'to opening the new crisis.triage.center no later than the schedu I led opening of the new countywide jail. • Include, as part of he 201&2017 budgets funds to focus on incarceration prevention and reduction programs, and work with the Task Farce; 'rrr ti4##li#Pf �� Jth: June day of 2015` . APT C'O*%� r'�. ,WHATCOM COUNTY COUNCIL ATTElgT" WHATCOM COUNTY, WASHINGTt)W Br" Dais :o fr' j� s C� `�� Carl Weimer, Cle kpf the .Cpi�t#c l, ` ` �' Council Chair APPROV,CD AS TO (FORM: •;,, ., yl Deputy Prosecutor WHATCOM COUNTY EXECUTIVE WHATGOMUNTY dlifA WINGTON Jack Louw , CQQnty E- ecutive. (A Approved ( ) Denied Date Signed:;, G �`� h 3 alff, EXHIBIT A. Chapter 246. INCARCERATION PREVENThON AND: REDUCTION TASK: FORCE. Sections: 2.46.010. Established. 2.46.020 Purpose. 2.46.030 Function.. 2.46.040 Permanent Members. 2.46.050 Additional Appointed Members. 2.46.060 Term of Office. 2.46..070 Organization: - Meetings. 2.461.080 Staff and.Funding Support. 2.46.000; Reporting. 2.46.010 Established There is hereby established 'a Whatcom County Incarceration Prevention and Reduction Task Force. 2.46.020 Purpose.. The purpose of the Incarceration Prevention.and Reduction Task Force is to continually review Wha. tcom Countys criminal justice and behavioral health programs and make specific. recommendations to safely and effectively reduce incarceration of individuals struggling with mental illness and chemical dependency, and "minimize jail utilization by pretrial defendants who can safely be released. 2 46.03G Function. The Task Force :will consider national best practices and report on and make recommendations to the County Council, Executive, and other a'p:propriate officials regard hg A. The construction and operation of a new. or expanded multi -purpose crisis triage facility to assist with jail and hasp ital diversion of individuals struggling with mental illness and chemical dependency;; B. Development of new, or enhancement of existing;. programs designed along -a continuum that effectively reduces incarceration of individuals struggling with mental illness: and chemical dependency C. Effective pretrial service programs that assure that defendants appear for court proceedings; while minimizing jail utilization by defendants who can safely be released; D. Necessary and :effective programs and services that can assist offenders with successful transition from both the jail and triage center back to the community to reduce rates of recidivism and improve public health and safety; E. The ongoing.staffsupport and funding for the Task Force; F. Reviewofthe diversion programs of the County and all °cities, and 'establishment of benchmarks to :measure the effectiveness of the programs in reducing incarceration. 701 2.40.040 Permanent Members. The Inca rceration.Prevention and Reduction Task Force shall include the following 12'designated officials or their representative: A. One Member of the Whatcom County Council; B. Whatcom County Executive; C. Whatcom County Sheriff; D.. Whatcori County Prosecuting Attorney;. E: Whatcom County Public Defender Director; F; One Representative from the Whatcom County Superior Court or District. Court; G.. One Representative of the Bellingham City Attorney or Municip 1. Court or Poke- H. One ;Represe.n.tat:ive from the Bellingham City Council I; One Representative from the small cities designated by the:Small Cities Caucus; I One tribal representative frorn either the.Lummi Nation or the Nooksack Tribe; K. One representative from the: Whatcom County Health Department Human Services; L. North Sound Mental Health Adrriiniskration`Executive Director: 2.46.050 Additional Appointed om.bers. In addition to the officials .designated above the Incarceration Prevention and Reduction:Task:Force shall include the following 11 members appointed by the Whatcom County Council: A. Whatcom Alliance ,for Health, Advancement (WA. HA) representative B Peace Health St. Joseph's Medical Center representative Co Community Health Center representative; D_ Emergency Medical Services(EMS) representative;: E. Representatives from a Community Action Agency, a Mental Health Provider, Substance: Abuse Treatment Provider (3); F Consumer of Services or Family,Member of Consumer 2;); G. Concerned Citizens (2).. 2.46.06.0 Termsofofficefor appointed members. The term of office for appointed members shall be four years; provided that the terms,of those :first appointed shall be staggered so that five will be appointed fortwo y.ea.rs, and six will be',appointed for four years. Appointment of members shall comply with Chapter. 2;03 WCC. 2.46.070 Organization - Meetings. A. Meetings of the task force sh'al.l be open and accessible to.the public and: shall be subject to the Open Public Meetings Act. B. .At every meeting, the task force will schedule. an open session to: take public comment`. C: Written records of meetings, resolutions, resetarch, findings and recommendations shall be kept and such records shall be submitted "to county staff and shall be made public, including posting on the county website. D. The task force shall adopt its own rules and procedures for the conduct of business.. E. The task force shall elect a chairperson from arnong its members who shall preside at its meetings. F. The task force shall determine its meeting schedule and agenda, but shall meet at least quarterly. G. The task force may form and appoint ad hoc committees to work on specific issu.es,:so. long as at least two committee. members are also members of each ad hoc committee.. 702 2.46.080 Staff and Funding Support.. The. Task force will have full.support from the Council, the .County Executive's. Office, :Health Department staff, and locally delivered paid consultant assistance to'conduct and 'complete its tasks in an ,efficient and effective manner. 2.46.090 Reporting. At least annually, no later than June 30 of each :year, the:Task Force will provide a report and recommendations to the County Council and Executive .on outcomes of existing incarceration prevention and reduction programs throughout Whatcom County, new innovative programs being used in other communities, and recommendations for changes or additional programs 0110 Supplemental Budget Request status: Pending Council sUpp l ID # 2180 Fund 1 Cost Center 1100 Originator: Forrest Longman Expenditure Type: One -Time Year 1 2015 Add'I FTE ❑ Add'I Space ❑ Priority 2 Name of Request: Criminal Justice Consultant - IPRTF Department Head Signature (Required on Hard Copy Submission) Date Costs: LObject Object Description —_ _ Amount Requested 6630 Professional Services $150,000 8301.124 i- - Operating Transfer In — - ------------ -- ($75,000) ---- 8301.118 Operating Transfer In ($75,000) Request Total $v 1a. Description of request: The Incarceration Prevention and Reduction Task Force (IPRTF) was established in June 2015. This group is charged with numerous tasks, as outlined in Ordinance 2015-037 (attached). In October 2015 the County entered into a contract with the Whatcom Alliance for Health Advancement (WAHA) for facilitation services to support the IPRTF. On March 25, 2016, the County received a letter from WAHA suggesting that the contract between WAHA and the County be terminated for public convenience reasons. The Incarceration Prevention and Reduction Task Force Steering Committee, with support from the County Council, is requesting funding for a Criminal Justice Consultant to: Research, analyze, and assess existing Whatcom County criminal justice policies, procedures, facilities, staffing, and outcomes, including those related to the Health Department, or any other agency, as they pertain to the criminal justice system; -Provide analysis of criminal justice data from available resources to assist Task Force decision making and serve as baseline data for future benchmarking, as appropriate. -Provide guidance, technical assistance and recommendations to the Task Force that will help achieve County goals; and -Provide relevant and research -based resources to the Task Force to support discussion and recommendations of programs and services that provide safe and effective alternatives to incarceration. These services will support the Task Forces's goal of reducing incarceration in Whatcom County. 1b. Primary customers: Whatcom County taxpayers, citizens, IPRTF members, and IPRTF subcommittee members. 2. Problem to be solved: There are insuffeicent funds reminaing in the IPRTF budget to complete the new contract. 3a. Options /Advantages: Other funding options may exist, however this option is consistent with Council direction regarding the use of these funds. 3b. Cost savings: The cost savings cannot be quanitified at this time, however, a sucessful effort by the Task Force may result in reduced costs for incarceration and other criminal justice related expenses. 4a. Outcomes: The Criminal Justice Consultant will support the IPRTF in its mission to continually review Whatcom Monday, August 01, 2016 Rpt: Rpt Stipp[ Regular Supplemental Budget Request Status: Pending Council Supp,I � Fund 1 Cost Center 1100 Originator. Forrest Longman County's criminal justice and behavioral health programs and make specific recommendations to safely and effectively reduce incarceration of individuals struggling with mental illness and chemical dependency, and minimize jail utilization by pretrial defendants who can safely be released. 4b. Measures: The Task Force will complete the reports required by Ordinance 2015-037 and continue to persue reduced incarceration in Whatcom County. 5a. Other Departments/Agencies: By supporting the efforts of the Task Force, this request could have positive impacts on the County's entire criminal justice system. 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: Cost Center 124410, Incarceration Task Force Prevention: $75,000 Cost Center 118198, New Jail Coordination: $75,000 Monday, August 01, 2016 Rpt: Rpt Suppl Regular 705 Supplemental Budget Request Status: Pending Council supp7 to # 2180 Fund 1 Cost Center 1100 Originator. Forrest Longman County's criminal justice and behavioral health programs and make specific recommendations to safely and effectively reduce incarceration of individuals struggling with mental illness and chemical dependency, and minimize jail utilization by pretrial defendants who can safely be released. 4b. Measures: The Task Force will complete the reports required by Ordinance 2015-037 and continue to persue reduced incarceration in Whatcom County. 5a. Other Departments/Agencies: By supporting the efforts of the Task Force, this request could have positive impacts on the County's entire criminal justice system. 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Cost Center 124410, Incarceration Task Force Prevention: $75,000 Cost Center 118198, New Jail Coordination: $75,000 Monday, August 01, 2016 Rpt: Rpt Suppl Regular 706 Supplemental Budget Request Status: Pending Jail Suppl lD # 2183 Fund 118 Cost Center 118198 Originator. M Caldwell/Wendy Jones Expenditure Type: One -Time Year 2 2016 Add'I FTE O Add'I Space 0 Priority 1 Name of Request: Jail Fund Funding of IPRTF support & contract X Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description 8351 Operating Transfer Out Request Total Amount Requested $55,000 $55,000 la. Description of request: Funding for Behavioral Health portion of Council Supplemental Budget #2016-2152 of $10,000 for administrative support for IPRTF and Council Supplemental Budget #2016-2180 of $150,000 for Criminal Justice Consultant contract. Jail and Behavioral Health Funds will each provide 50% of the funding to cover administrative support and consultant contract. 50% equals $80,000 for each fund. The Jail currently has $25,000 available and needs an additional $55,000 of budget authority. Behavioral Health Fund will need the entire $80,000 of budget authority to fulfill its 50%. 1b. Primary customers: 2. Problem to be solved. 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Jail Fund Monday, August 01, 2016 Rpt: Rpt Suppl Regular 707 Supplemental Budget Request Status: Pending Health Human Services Supp7 lv # 2182 ! Fund 124 Cost Center 124410 Originator. M Caldwell/Anne Deacon Expenditure Type: One -Time Year 2 2016 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Funding for Jail Incarceration Task Force x �. C8I,1 Depart Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 8351 Operating Transfer Out $75,000 8351 Operating Transfer Out $5,000 Request Total $80,000 la. Description of request: Funding for Behavioral Health portion of Council Supplemental Budget #2016-2152 of $10,000 for administrative support for IPRTF and Council Supplemental Budget #2016-2180 of $150,000 for Criminal Justice Consultant contract. Jail and Behavioral Health Funds will each provide 50% of the funding to cover administrative support and consultant contract. 50% equals $80,000 for each fund. The Jail currently has $25,000 available and needs an additional $55,000 of budget authority. Behavioral Health Fund will need the entire $80,000 of budget authority to fulfill its 50%. 1b. Primary customers: 2. Problem to be solved: 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Behavioral Health Fund Monday, August 01, 2016 Rpt: Rpt Suppl Regular all.*]