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Packet Oct 10 2017
W1IATCn41'CO[INTYCOUNCIL AGENDA BILL NO. 2017-289 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: LR 09114117 10/10/17 Finance/Council Division Head: OCT 0 3 2017 WHMC OMCOUNTY ' U I Dept. Head: 11YI17 Prosecutor: 01i 1 6' AX� Purchasing/Budget: Executive: TITLE OF DOCUMENT. Resolution Ordering the Cancellation of Unclaimed Checks more than Two Years Old Whatcom County Jail Inmate Trust Fund Unclaimed Checks Prior to June 30, 2015 ATTACHMENTS. Above mentioned resolution and list of Unclaimed Funds 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: The attached resolution allows Administrative Services Finance and the Treasurer's Office to cancel the unclaimed checks listed in Exhibit A and directs them to report and remit those funds to the DOR Unclaimed Property Division. 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. SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: RESOLUTION NO. ORDERING THE CANCELLATION OF UNCLAIMED CHECKS MORE THAN TWO YEARS OLD WHEREAS, RCW 63.29.130 states that property held by courts and public agencies that remains unclaimed by the owner for more than two years is presumed abandoned; and, WHEREAS, the Whatcom County Sheriff's Office/Jail has provided a list of Inmate Trust Fund checks that were issued prior to 06-30-15 and never presented or claimed by the owner. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that Administrative Services Finance and the Treasurer's Office are directed, pursuant to RCW 63.29.130, to cancel the unclaimed checks listed in Exhibit A, and to report and remit those funds to DOR Unclaimed Property Division. APPROVED this ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Civil DepufylprosecuYor day of 2017. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 2 Whatcom County Jail Inmate Trust Fund Unclaimed Inmate Release Checks July 2014 to June 2015 Check # Stamp Amount Number - Name Multiple Check Totals 003336 7/30/2014 $ 0.48 00017824 AARDEMA, ATHENA SIMONE 003697 8/26/2014 $ 3.59 00002333 ABITIA, CARLOS JAVIER 005415 1/30/2015 $ 0.45 00032362 ACKLEY, DAVID GOODRICH 005881 4/29/2015 $ 1.92 00017346 ADAMS, CHARLOTTE LEE ANN 005852 4/15/2015 $ 0.70 00002723 AGUILAR, GUILLERMO 006384 5/8/2015 $ 2.96 00039374 ALDCROFT, ELIZA M 003910 10/5/2014 $ 0.28 00014452 ALDCROFT, STEWART BRIAN 006359 5/5/2015 $ 15.28 00013442 ALEX, SCOTT LEE 004361 11/1/2014 $ 5.65 00009291 ALLEN, PATRICK BRODIE 004731 11/24/2014 $ 0.50 00010833 ALTHEN, TYLER JOHN 005161 2/19/2015 $ 0.18 00033554 AMADOR, VIDAL OLIVEROS 005894 5/11/2015 $ 0.45 00015388 APONTE JR, ORLANDO LUIS 005853 4/15/2015 $ 0.39 00005138 ARKELL, TYLER JAMES 006442 6/10/2015 $ 2.50 00040943 ARLYNN, JACOB RYAN 004202 10/11/2014 $ 28.00 00026825 ARRIAGA, ELIZABETH MARIE 005026 12/28/2014 $ 3.11 00013070 ATKINSON, ANGELINA CHRISTINE 004579 11/16/2014 $ 3.11 00029026 AVERILL, BRADLEY LEWIS 005185 3/5/2015 $ 0.27 00012548 AXLUND, SAMUEL DAVID 003712 8/28/2014 $ 1.10 00024049 AYALA, MARDONIO 002994 7/29/2014 $ 0.53 00012747 BALDWIN, MEHRDAD BRIAN 006443 6/11/2015 $ 0.44 00038416 BARAJAS, JUAN RAMON 006838 6/16/2015 $ 0.28 00024810 BARCO, SHAYNE THOMAS 005640 3/4/2015 $ 6.35 00035337 BARRERA JR., MARTIN 005875 4/24/2015 $ 5.52 00035990 BASS, STEVEN 005817 3/18/2015 $ 0.50 00026929 BEDARD, CHRISTOPHER PAUL 005858 4/17/2015 $ 17.13 00020804 BEEDELL, KYLE SCOTT 003285 7/24/2014 $ 0.59 00020804 BEEDELL, KYLE SCOTT $ 17.72 002992 7/29/2014 $ 0.12 00001728 BENNETT, DIONNE ROSITA 005132 2/5/2015 $ 0.36 00002750 BERRY, CLINTON EUGENE 005174 3/2/2015 $ 0.43 00002209 BERRY, JASON WILLIAM 004612 12/1/2014 $ 0.91 00002209 BERRY, JASON WILLIAM $ 1.34 003889 9/24/2014 $ 5.50 00025706 BEST, SHELBY JAMES 003234 7/16/2014 $ 0.76 00006625 BETANCOURT, REYES ANTHONY 006479 6/29/2015 $ 14.50 00007615 BEWLEY, ASHLIE M 004189 10/8/2014 $ 3.14 00026611 BIRCHALL, LAURAANNE 005432 2/2/2015 $ 5.50 00033314 BLACKLOCK, JERAD SCOTT 003462 9/12/2014 $ 0.07 00011106 BLACKWELDER, TYLER WAYNE 005100 1/4/2015 $ 0.54 00030694 BLAKESLEE, BRANDON L 005137 2/8/2015 $ 0.57 00025486 BLANC, SKYLER PAUL 006431 6/4/2015 $ 0.11 00018765 BLUME, MICHAEL CHARLES 006750 6/2/2015 $ 0.23 00040618 BOB, RUSSELL ALLEN 004606 11/27/2014 $ 1.76 00018210 BOCK, KENNETH WAYNE 003961 10/30/2014 $ 1.72 00024162 BOMBERRY, DANIEL ROBERT 004283 10/22/2014 $ 1.51 00000203 BOOME, DAKOTA ZACHARY 003206 7/13/2014 $ 8.00 00020577 BOWES, WILLIAM JD 006468 6/25/2015 $ 0.24 00014575 BOWMAN, TAVARES MALIK 002947 7/3/2014 $ 0.13 00018228 BOX, TIMOTHY ALAN 006085 4/23/2015 $ 1.50 00038509 BOYD, JAKE RANDALL LEE 3 Whatcom County Jail Inmate Trust Fund Unclaimed Inmate Release Checks July 2014 to June 2015 003928 10/17/2014 $ 0.67 00010426 DELEON, LEONARDO 003847 9/18/2014 $ 5.00 00011859 DELGADO JR, MARCOS 005199 2/25/2015 $ 1.55 00016145 DEROWITSCH, ANDREA SKY 005001 12/23/2014 $ 2.05 00016145 DEROWITSCH, ANDREA SKY $ 3.60 003906 10/4/2014 $ 0.54 00025203 DEVOE, LOREN GLENN 004717 11/23/2014 $ 0.50 00029348 DIAMANTI, DIMITRI CHRISTOPHER 004299 10/24/2014 $ 0.36 00004836 DIXON, KAMEE NICOLE 006004 3/27/2015 $ 1.50 00036744 DOUGHERTY, PATRICK HUGH 005886 5/5/2015 $ 0.41 00014450 DOUGLASS, SONJA BRIANA 003975 11/7/2014 $ 0.64 00011466 DUNIGAN, JOSHUTA JOEL 006376 5/7/2015 $ 0.48 00039241 DUNN, CHARLES DAVID 004880 12/20/2014 $ 7.30 00030837 DYLAN, CHRISTOPHER 005110 1/24/2015 $ 0.42 00011302 EATON, HANS ROBERT 005915 3/13/2015 $ 5.00 00035889 EDSON, ELLIOTT KEITH 003812 9/12/2014 $ 0.43 00001974 EDWARDS, LAURA FAITH 004617 12/2/2014 $ 15.50 00002789 EICKHOLDT, AARON EVERS 003472 9/15/2014 $ 0.62 00015282 EIDEMILLER, ERIC JOHN 005657 3/7/2015 $ 1.50 00016542 ENGLERT, NICOLE MARIE 004608 11/30/2014 $ 0.06 00006350 ERLANDSON, RICHARD EMIL 003484 9/20/2014 $ 0.13 00006350 ERLANDSON, RICHARD EMIL 002965 7/16/2014 $ 0.15 00006350 ERLANDSON, RICHARD EMIL $ 0.34 003864 9/21/2014 $ 2.00 00025566 ESPINOZA, ANGELICA GONZALEZ 004873 12/19/2014 $ 1.30 00030783 ESTEBAN PORTES, ANGELICA 002950 7/4/2014 $ 0.86 00018299 FARLEY, MITCHELL JOSEPH 006754 6/1/2015 $ 0.05 00001807 FAVRO, NICHOLAS DAVID 006561 5/18/2015 $ 5.00 00039868 FELIX, JUAN VALENTINO 004875 12/19/2014 $ 0.41 00004369 FERNANDO, CHAYSE B 006274 4/24/2015 $ 9.08 00017489 FIGUEROA JR, ELIEZER 003044 7/3/2014 $ 4.50 00017489 FIGUEROA JR, ELIEZER $ 13.58 005183 3/5/2015 $ 0.29 00031532 FINKBONNER JR, RONALD FRANK 006464 6/19/2015 $ 0.04 00002928 FINKBONNER, COREEN LEE 005196 3/10/2015 $ 0.30 00032785 FINKBONNER, ISAAC ALLEN 003716 8/29/2014 $ 1.63 00024127 FISHER-ROY, LISA C 004643 12/17/2014 $ 0.28 00028342 FITZGERALD, TRISHA A 003771 9/6/2014 $ 1.50 00024629 FLATH, CODY LEE 003090 7/10/2014 $ 0.25 00000382 FLECK, ANTHONY GERARD 002973 7/20/2014 $ 0.06 00008031 FLEEK, CRYSTAL LEE MARIE 003413 8/11/2014 $ 0.34 00005806 FLOREK, TROY MICHAEL ROBERT 003289 7/24/2014 $ 0.19 00010739 FLORENCE, JUSTIN JAMES 003395 8/8/2014 $ 1.07 00006987 FLORES, SANTIAGO JAVIER 003470 9/14/2014 $ 0.06 00008085 FLOWERS, DEREATRICE TANAE 005649 3/6/2015 $ 8.78 00023918 FLUHART, RICHARD JAMES 004390 11/4/2014 $ 36.50 00024349 FORD, EKATERINA LAURA ANN 003319 7/28/2014 $ 1.35 00021966 FOX, ALEXANDRA 003914 10/7/2014 $ 0.71 00026373 FRAZEE, RICHARD PIETRO 006558 5/18/2015 $ 9.91 00012531 FRAZIER, BROOKE KAY 006531 5/14/2015 $ 0.72 00032495 FRIZZELL, DAVID LEE 005502 2/11/2015 $ 2.55 00020239 GALLAGHER, MATTHEW STEVEN 005142 2/10/2015 $ 0.43 00033295 GAMBLE, CHRISTOPHER DAVID 0 Whatcom County Jail Inmate Trust Fund Unclaimed Inmate Release Checks July 2014 to June 2015 006429 6/3/2015 $ 0.08 00000527 JACKSON, ANNA LARENA 003217 7/14/2014 $ 5.38 00007526 JAMERSON, BREZEDDRIC ANTOWYN 003822 9/12/2014 $ 6.67 00024497 JAMES JR, LONNIE JESS 006749 6/2/2015 $ 1.90 00037791 JAMES, AMALIA LADEAN 005836 4/2/2015 $ 0.37 00010767 JAMES, PETER JOSEPH 004799 12/8/2014 $ 16.71 00006287 JAMES, TIFFANIE MONIQUE 003411 8/9/2014 $ 0.08 00014930 JAMESON, RYAN TJ 005814 3/17/2015 $ 0.93 00009613 JAVIER, JESSICA 005484 2/8/2015 $ 2.55 00008007 JAVIER, MANUEL PINEDA 003269 7/22/2014 $ 2.25 00021622 JEFFERSON, CURRIE SAMIANN 006451 6/17/2015 $ 0.23 00016858 JEFFERSON, HARVEY RAYMOND 006784 6/10/2015 $ 2.21 00014074 JEFFERSON, SYLVIA VIOLET 002997 8/1/2014 $ 0.45 00019187 JEFFERSON, TANYA MARIE 005105 1/20/2015 $ 0.59 00000549 JOHANSEN, TEAYA CHURRIE 005471 2/7/2015 $ 0.66 00019178 JOHNSON JR, VERNON VICTOR 003489 9/23/2014 $ 10.00 00006774 JOHNSON, AMANDA MARIE 004225 10/14/2014 $ 4.67 00007198 JOHNSON, ANDREW SWATH 007007 6/29/2015 $ 6.57 00014038 JOHNSON, BRANDON PAUL 003445 8/28/2014 $ 0.29 00010362 JOHNSON, BRYAN STANLEY 004184 10/7/2014 $ 2.68 00026345 JOHNSON, JEFFREY KIM 003073 7/8/2014 $ 0.27 00002329 JOHNSON, KIM HALLAM 005111 1/25/2015 $ 0.22 00014680 JOHNSON, MARK DAVID 004246 10/17/2014 $ 1.08 00013784 JOHNSON, REBECCA RHONDA 005578 2/23/2015 $ 1.50 00022530 JOHNSON, ROBERT ARTHUR 005635 3/3/2015 $ 2.11 00005019 JOHNSON, THOMAS HOWARD 003774 9/7/2014 $ 2.00 00013431 JOHNSTON, CHRISTOPHER DAVID 003339 7/30/2014 $ 1.50 00006135 JORDAN, ALYSSA JADE 004165 10/5/2014 $ 3.00 00026390 JUAREZ, SHANTEL LOVE 003000 8/1/2014 $ 0.35 00021057 JULIUS, TAYLOR ANTHONY 005188 3/7/2015 $ 0.02 00022819 JULIUS, TONI PATRICIA 005088 1/9/2015 $ 2.05 00031750 JUNGKUNTZ, CONNOR JOHNSON 003452 9/3/2014 $ 0.11 00009405 KALLERMAN, KRISTI LYNN 004154 10/4/2014 $ 3.50 00011679 KEEHN, CHRISTOPHER MICHAEL 003476 9/18/2014 $ 0.32 00008595 KEEHN, SHELLEY DIANE 003904 10/4/2014 $ 0.20 00006999 KELLEY, JOSHUA TORRENCE 004290 10/23/2014 $ 1.76 00027546 KILGORE, KALISKA EVELYN 004640 12/17/2014 $ 0.49 00010098 KING JR, JOEL EARL 002963 7/15/2014 $ 0.54 00011322 KINLEY, BRANDON ALLEN 006819 6/14/2015 $ 0.72 00041721 KINLEY, RICHARD ALLEN 005011 12/26/2014 $ 2.11 00012780 KIRKPATRICK, ROBERT HAYES 005598 2/26/2015 $ 0.48 00032716 KIRKPATRICK, WARREN R 005958 3/21/2015 $ 1.50 00036375 KLIPPING, JUSTIN LYLE 003799 9/9/2014 $ 4.23 00024760 KOLBERT, NATALYA ALEXANDROVA 006481 6/29/2015 $ 0.08 00004828 KOLLMAN, DEREK JAMES 003989 11/18/2014 $ 0.36 00021369 KOLLMAR, JOEL ALTON 003440 8/28/2014 $ 0.02 00023386 KUMAR, NEVILLE NAVNEET 003282 7/24/2014 $ 0.45 00005214 KURTZ, NICHOLAS MICHAEL 002975 7/22/2014 $ 0.44 00021007 KUSSMAN, MICHAEL SCOTT 006252 4/20/2015 $ 4.60 00018262 LACLAIR, MELISSA DAWN 5 Whatcom County Jail Inmate Trust Fund Unclaimed Inmate Release Checks July 2014 to June 2015 005167 2/21/2015 $ 0.51 00007071 MARTINS, DARRIN ANTHONY 004661 12/23/2014 $ 0.45 00007071 MARTINS, DARRIN ANTHONY $ 0.96 006599 5/26/2015 $ 10.23 00040429 MAUNDRELL, LAUNA JEAN 003428 8/20/2014 $ 0.92 00000110 MAY, DEAN OLAF 003464 9/12/2014 $ 0.05 00006614 MCALPINE, MICHAEL SHAUN 004802 12/8/2014 $ 1.13 00000620 MCBETH, GARY LYNN 003868 9/21/2014 $ 30.60 00025565 MCCANN, GLEN MATTHEW 005433 2/2/2015 $ 0.58 00033278 MCCONVILLE, RICHARD ANTHONY 005603 2/27/2015 $ 1.01 00008048 MCCORT, SHELBY LAEL 004319 10/27/2014 $ 0.50 00011084 MEALY, DEREK JUSTIN 003632 8/13/2014 $ 2.25 A00037342 MEJIA, ALAN ROBERTO 004793 12/7/2014 $ 1.64 00030123 MELBURN, MAXWELL 003655 8/18/2014 $ 1.50 00023277 MENDOZA LOPEZ, PEDRO 003272 7/22/2014 $ 0.19 00021687 MENDOZASIMON, MOISES 004274 10/21/2014 $ 0.50 00003662 MILLER, DARRIN ALLEN 006350 5/4/2015 $ 11.00 00028580 MILLER, MICHAEL STEPHEN 006264 4/21/2015 $ 5.45 00027384 MILLER, QUENTIN HARVEY 005144 2/10/2015 $ 11.10 00027308 MILLER, SKY DAVID 004826 12/11/2014 $ 20.01 00027308 MILLER, SKY DAVID 004723 11/23/2014 $ 3.53 00027308 MILLER, SKY DAVID $ 34.64 003996 11/24/2014 $ 0.64 00021174 MILLMAN, CODY MICHAEL 005568 2/22/2015 $ 0.44 00034662 MINEAR, STEPHEN DOUGLAS 005982 3/24/2015 $ 1.55 00002721 MIRANDA, ERIC JOSEPH 004571 11/15/2014 $ 9.50 00002721 MIRANDA, ERIC JOSEPH $ 11.05 003471 9/14/2014 $ 0.09 00008959 MITCHELL, JOHNATHON WAYNE 006752 6/2/2015 $ 9.50 00018967 MOELLER, CLINT ASHTON 005567 2/22/2015 $ 8.50 00026830 MOLINA VENITEZ, VALENTIN 003460 9/12/2014 $ 1.48 00019369 MOORE, DUSTIN ROBERT 004197 10/9/2014 $ 4.12 00026668 MOORE, JONATHAN DALE 004854 12/15/2014 $ 0.50 00030385 MOORE, MIKEL HUNTER 006331 5/2/2015 $ 4.50 00006923 MORALES, BENJAMIN MANUEL 006578 5/21/2015 $ 0.96 00025919 MORRIS, SPENCER RAPHAEL 003905 10/4/2014 $ 5.82 00025919 MORRIS, SPENCER RAPHAEL $ 6.78 006435 6/8/2015 $ 0.16 00011835 MOSER, MARK PETER 3946 10/22/2014 $ 7.54 00006057 MOSES, MICHELE KAY 003980 11/10/2014 $ 0.25 00012184 MULLER, JOSEPH JOHN 006849 6/18/2015 $ 1.19 00042035 MURILLO, JAMIE LYNN 005874 4/25/2015 $ 0.49 00014030 MURILLO, NADIA NINOSKA 006717 5/28/2015 $ 3.00 00019197 MURILLO-FIGUEROA, YAJAHIRA G 005526 2/16/2015 $ 0.58 00005361 MURPHY, KELLY GEORGE 003819 9/12/2014 $ 3.86 00007549 MUSKRAT, MALISA ANN 004309 10/25/2014 $ 1.46 00007465 NAVA JR, RODOLFO 004786 12/5/2014 $ 0.32 00029125 NELSON, MAX JAMES 004167 10/5/2014 $ 2.50 00026340 NELSON, TROY CHRISTOPHER 005878 4/29/2015 $ 0.21 00037441 NEWTON, LUCINDA MARIE 003499 10/2/2014 $ 0.30 00022740 NYBERG GILES, JESSE NEAL 006893 6/25/2015 $ 1.99 00042479 ODONNELL, DAVID ANTHONY 004687 1/13/2015 $ 0.80 00022614 OLSEN, JASON JEFFREY 006420 5/29/2015 $ 1.38 00010072 OLSON, KEVIN HANS 0 Whatcom County Jail Inmate Trust Fund Unclaimed Inmate Release Checks July 2014 to June 2015 003454 9/5/2014 $ 0.04 00015224 ROBINSON III, WILLIAM REEVES 005081 1/8/2015 $ 5.48 00027146 ROBINSON JR, ERIC JON 003848 9/18/2014 $ 146.04 00019797 ROEDELL, MARK ALLEN 005849 4/12/2015 $ 1.95 00030311 ROOTH, ERIC BENNETT 007006 6/29/2015 $ 5.00 00042742 ROSALES-GARCIA, JOSE GUADALUPE 003259 7/21/2014 $ 1.56 00021606 ROSS, LAVEDA ROSE 005534 2/17/2015 $ 0.03 00017299 ROTH, DAVID DEAN 003288 7/24/2014 $ 0.30 00017972 ROWLAND, CRAIG AARON 005873 4/24/2015 $ 5.68 00015662 RUKAVINA, KENNETH JOSEPH 003425 8/20/2014 $ 0.04 00022699 RUSSELL, JARED WAYNE 005827 3/24/2015 $ 0.44 00030911 RYAN, DONNIE NEIL 005956 3/20/2015 $ 20.55 00006510 RYAN, SEAN ALEXANDER 004712 11/22/2014 $ 25.25 00029357 SAENZ, JOEY 006038 4/2/2015 $ 0.21 00023768 SANCHEZ RODRIGUEZ, ROBERTO 006076 4/8/2015 $ 4.34 00037472 SANGHA, AMANDEEP SINGH 003999 11/25/2014 $ 0.23 00009006 SAUNDERS, MASON DOUGLAS 004107 9/26/2014 $ 2.31 00002884 SCARBOROUGH, TYSON LEE 003065 7/7/2014 $ 2.11 00020637 SCHMIDT, KENNETH KARL 003495 9/30/2014 $ 3.13 00004404 SCHULTZ, KIRSTEN ELIZABETH 002995 7/30/2014 $ 0.45 00003489 SCOTT, BONNIELEE FRANISE 004213 10/13/2014 $ 15.50 00026868 SEAWARD, ANDREW ALLEN 005434 2/2/2015 $ 32.62 00010110 SESTROM, JEROD KINDRED 003447 8/29/2014 $ 0.02 00002777 SEVERSON, DUSTIN TAYLOR 003255 7/21/2014 $ 3.63 00021513 SHAHINIAN, DICK H 004622 12/4/2014 $ 0.88 00026431 SHEA, JOSEPH SEAN 003419 8/16/2014 $ 1.38 00009579 SHERBONDY, BLEU EDWIN 005112 1/26/2015 $ 24.94 00003624 SHUMATE, JOEL PERRIMAN PORSCH 004697 1/18/2015 $ 3.34 00031770 SIGUAW, DAVID MANUEL 006780 6/8/2015 $ 5.71 00018870 SINGH, NAVJOT 005834 4/1/2015 $ 0.54 00015283 SINGH, SATBIR 004136 10/1/2014 $ 0.52 00007691 SMITH, AARON MICHAEL 005663 3/7/2015 $ 3.50 00035522 SMITH, ANDREW TIGHE MCKEON 006433 6/5/2015 $ 0.50 00026563 SMITH, KELLY RAY 005847 4/11/2015 $ 0.77 00017746 SMITH, RICHARD ALAN 003463 9/12/2014 $ 0.04 00012955 SOLOMON, RYAN NATHAN 006462 6/19/2015 $ 6.81 00010989 SOLOMON, TOBY WILLIAM 004676 1/7/2015 $ 0.23 00019358 SPENCER, ALLISON MICHELLE 004331 10/28/2014 $ 4.21 00006294 ST GERMAIN, ALEX WILLIAM R 006248 4/20/2015 $ 1.79 00006259 STALNAKER, BENJAMIN ALEXANDER 003406 8/5/2014 $ 0.41 00005713 STANDEFER, MICHELLE 003398 8/9/2014 $ 10.00 00022826 STANLEY, PAUL EUGENE 003675 8/22/2014 $ 7.04 00018556 STEBNER, RANDAL WILLIAM 003613 8/11/2014 $ 1.65 00009357 STEDMAN, THOMAS JOHN 004208 10/13/2014 $ 1.60 00003045 STEELE, CHRISTOPHER GEORGE 005109 1/22/2015 $ 0.07 00003669 STELMACH, MELANIE ROSE 003902 10/3/2014 $ 0.19 00002279 STRANGE, TOMMIE ROBERT 006372 5/6/2015 $ 0.14 00007791 STUDER, JOSHUA OLIN 005469 2/7/2015 $ 3.50 00030628 STUMP, BRANDIE LYNN 003458 9/10/2014 $ 5.36 00017393 STURTZ, CHAD ALLEN 7 003426 003455 005882 002990 003992 003990 006315 005280 003434 005124 005877 Whatcom County Jail Inmate Trust Fund Unclaimed Inmate Release Checks July 2014 to June 2015 8/20/2014 $ 0.01 00021969 WILSON JR, GORDON ROBERT 9/7/2014 $ 0.08 00005414 WILSON SR, JIMMY STALARD 4/30/2015 $ 0.22 00029904 WILSON, SARAJEAN LOUISE 7/26/2014 $ 0.07 00019377 WOLFE, DUSTIN ROBERT 11/21/2014 $ 0.79 00027072 WOLTERS, MICHELLE MARIE 11/19/2014 $ 0.20 00018936 WORDEN, SCOTT LEE 4/29/2015 $ 0.39 00031448 YOUNG, GARRETT STEPHAN 1/22/2015 $ 0.47 00007863 YOUNG, SHALEEN MELINDA 8/24/2014 $ 0.06 00007317 YURONEN, VIKTOR V 1/31/2015 $ 1.52 00031866 ZIMMERMAN, CODY LEE 4/26/2015 $ 11.17 00021384 ZOLLNER, JUSTIN MICHAEL Total: $ 2,304.18 i PEE WE m U) 9 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-290 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: SW 09/28/17 ��' C �- ��� OCT 0 3 2017 10/10/17 Finance/ Council Division Head: Dept Head: �jXTCO COUNTY Prosecutor: COUNCIL Purchasin /Bud et: Executive: ®. -Z- /-7 TITLE OF DOCUMENT: Award Bid #17-53 Hydrostatically Driven Chip Spreader 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 ( ) 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 Equipment Services is requesting approval to award Bid #17-53 for the replacement of one hydrostatically driven chip spreader to PacWest Machinery, located in Kent, Washington. The total cost including trade-in allowance of the replaced equipment is $290,449.91. This is a planned purchase and adequate funds are available in the current ER&R budget. 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. 10 °°M co WHATCOM COUNTY FINANCE/ACCOUNTING ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 LNCs 0 Brad Bennett, Finance Manager DATE: September 28, 2017 TO: Jack Louws, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Award of Bid #17-53, Hydrostatically Driven Chip Spreader • Background & Purpose Bids were duly advertised for the replacement of one hydrostatically driven chip spreader. This replacement chip spreader will be used by the Maintenance and Operations Division of the Public Works Department. One response was received to Bid #17-53 on Tuesday September 26, 2017, and is noted below. As an option, the bid packet requested a quote for trade-in of equipment #481, a 2006 Etnyre chip spreader. The response received does include a trade-in allowance as noted. Trade-in Sales Tax Extended Vendor Model BasePrice Value(rate),Total PacWest Etnyre Hydrostatically $313,438.00 ($45,000.00) $22,0101.91 $290,449.91 Machinery Driven Chip Spreader (8.2 /o) Public Works is requesting approval to award to the sole bidder, noting that the bid meets the minimum specifications, PacWest Machinery LLC, of Kent, Washington, in the amount of $290,449.91. Funding This is a planned purchase, and $250,000.00 in funds were approved in the current ER&R budget. Adequate unspent capital budget authority exists in the ER&R budget for the overage. I concur with this request. AS Finance Manager Approved as recommended: County Executive Date of Council Action 11 WHATCOM COUNTY Q0 EQUIPMENT SERVICES DIVISION � � PUBLIC WORKS DEPARTMENT �� _1 w� .4 901 W. Smith RoadBellingham, WA 98226-9610 Phone (360) 778-6400 Jon Hutchings p Fax (360) 778-6401 Director Eric L. Schlehuber, Division Manager MEMORANDUM To: Brad Bennett, AS Finance Manager Through: Jon Hutchings, Public Works Director From: Eric L. Schlehuber, PW Equipment Services Manage Date: September 27, 2017 Re: Bid #17-53, Hydrostatically Driven Chip Spreader ® Requested Action After researching costs of a Hydrostatically Driven Chip Spreader, I am requesting Executive and Council approval to purchase one 2017 Etnyre Hydrostatically Driven Chip Spreader to replace the following vehicle: DEPARI MEN i REi LACI= 11NI f MA m", bDEL EST; H0tj M&O 481 2006 Etnyre Chip Spreader 1,513 • Background and Purpose Bids were duly advertised for the supply of one Hydrostatically Driven Chip Spreader. The Maintenance and Operations Division of the Public Works Department will use this vehicle regularly for the performance of county business. A single bid response was received under Whatcom County Bid #17-53 (PacWest Machinery LLC of Kent, Washington) for this vehicle on Tuesday, September 26, 2017. Listed below is the detailed bid tabulation for the sole bid received: ® Funding Amount and Source Funding was approved during the 2017-2018 ER&R Budget for $250,000 (10% allowance of $270,000). As this award is above the 10% allowance and there is adequate unspent capital budget authority for this overage, I am requesting Executive and Council approval to purchase this unit from PacWest Machinery LLC of Kent, Washington for the price of $313,438.00 plus 8.2% sales tax of $22,011.91 (after trade-in adjustment) for a total amount of $290,449.91. A Recommendation Please approve this purchase and forward to the Executive and County Council for approval at the October 10, 2017 County Council Meeting. Please contact Eric L. Schlehuber at extension 6405, if you have any questions or concerns. 12 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-291 CLEARANCES Initial Date Date Received in Council Office A enda Date Assigned to: Originator: SW 09/28/17 (.5� Fr �� 'i���' (� r_' (� IRI1 �! V D 10/10/17 Finance/ council [E:" �� �� _ , l L� -� OCT 0 3 2017 Division Head: Dept Head: W HA COUP NTY Prosecutor: COUNCIL �� 97 Purchasin /Bud et: Executive: S®•/ TITLE OF DOCUMENT. Award Bid #17-58 Truck -mounted Water Tank 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 ( ) 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 Equipment Services is requesting approval to award Bid #17-58 for the replacement of one truck -mounted water tank to Randco Tanks located in Kelso, Washington. The total cost for this replacement is $58,568.16. This is a planned purchase and adequate funds are available in the current ER&R budget. 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. 13 CG°M C® WHATCOM COUNTY �� ��A FINANCE/ACCOUNTING ADMINISTRATIVE SERVICES Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham WA 98225-4082 ,NBrad Bennett, Finance Manager DATE: September 28, 2017 TO: Jack Louws, County Executive FROM: Brad Bennett, AS Finance Manager SUBJECT: Award of Bid #17-58, Truck -mounted Water Tank • Background & Purpose Bids were duly advertised for the replacement of one truck -mounted water tank. This replacement water tank will be installed on ER&R equipment #290, and will be used by the Maintenance and Operations Division of the Public Works Department. Five responses were received to Bid #17-58 on Tuesday September 26, 2017, and are noted below. Vendor Model Base ; Price : Sales Tax Grand Total ` Randco Tanks Randco 13' Std. S/S 3000 Gallon $ 53,979.87 $ 4,588.29 $ 58,568.16 Pac West Machinery Omco 300 Gallon Water Tank Model #HS450GSR $ 80,474.00 $ 6,840.29 $ 87,314.29 West Mark West -Mark WTRTRUCK-1 $ 96,008.00 $ 8,160.68 $ 104,168.68 Phoenix Asphalt Maintenance Stepp SSF 3000 Street Flusher $ 99,748.00 $ 8,478.58 $ 108,226.58 Utility Trailer Sales of Boise Co Not Stated $ 116,885.00 $ 9,935.22 $ 126,820.22 Public Works is requesting approval to award to the lowest bidder, noting that the bid meets the minimum specifications, Randco Tanks, of Kelso, Washington, in the amount of $58,568.16. • Funding This is a planned purchase, and $45,000.00 in funds were approved in the current ER&R budget. Adequate unspent capital budget authority exists in the ER&R budget for the overage. I concur with this request. ,� AS Finance Manager Approved as recommended: County Executive Date of Council Action 14 WHATCOM COUNTYc, c EQUIPMENT SERVICES DIVISION PUBLIC WORKS DEPARTMENT 901 W. Smith Road Bellingham, WA 98226-9610 $, Phone (360) 778-6400 Jon Hutchings Fax (360) 778-6401 Director Eric L. Schlehuber, Division Manager MEMORANDUM To: Brad Bennett, AS Finance Manager Through: Jon Hutchings, Public Works Directo From: Eric L. Schlehuber, PW Equipment Sces Manage Date: September 27, 2017 Re: Bid #17-58, Truck -mounted Water Tank Replacement ® Requested Action After researching costs of a truck -mounted water tank, I am requesting Executive and Council approval to purchase one Randco 13' 3000 gallon water tank to replace one mounted on the following vehicle: DI�PAI`t�`�1E�tiT REPLi1Cl� Ut�ll`l" N#A4t J MC�DEt. M&O 290 2004 Kenworth Water Truck • Background and Purpose Bids were duly advertised for the supply of one replacement 3,000 gallon, truck -mounted water tank. The Maintenance and Operations Division of the Public Works Department will use this truck -mounted water tank regularly in the performance of county business. Five (5) bid responses were received under Whatcom County Bid #17-58 for this truck -mounted water tank on Tuesday, September 26, 2017. Listed below is the detailed bid tabulation for the lowest bid received: ® Funding Amount and Source Funding was approved during the 2017-2018 ER&R Budget for $45,000 (10% allowance of $49,500). As this award is above the 10% allowance and there is adequate unspent capital budget authority for this overage, I am requesting Executive and Council approval to purchase this unit from Randco Tanks of Kelso, Washington for the price of $53,979.87 plus 8.5% sales tax of $4,588.29 for a total amount of $58,568.16. m Recommendation Please approve this purchase and forward to the Executive and County Council for approval at the October 10, 2017 County Council Meeting. Please contact Eric L. Schlehuber at extension 6405, if you have any questions or concerns. 15 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-292 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: D. Goger 10/10/17 Finance/ Council Originator: DG 916117 Chll L a \�J� :::a �9 ` E R. Ney !�j'? — Division Head: 1 L 7 T 1 J. Hutchings Dept. Head: ��� 7- // 7 giA M OUNTY tutor: 6LVI%`% / Pros �F COUNCIL B. Bennett Purchasing/Budget: 9/z ? / J. Louws Executive: e TITLE OF DOCUMENT.• Lake Whatcom Tributary Monitoring, Water Yean2018-2020 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.) Whatcom County desires to continue the Lake Whatcom Tributary Monitoring Program. This effort will begin Fall of 2017 and run through 2020. The Lake Whatcom Tributary Monitoring Program provides water quality data from tributaries flowing into Lake Whatcom. The program will provide continued base flow and storm monitoring as well as targeted monitoring. Primary objectives of this program include identifying phosphorus and fecal coliform concentrations in tributaries. Major tasks include collection of storm flow samples, quarterly base -flow monitoring, laboratory analysis and targeted tributary monitoring. Brown and Caldwell has been selected as the most qualified consultant for this program through a competitive selection process. This program is part of an interagency effort with project costs shared between Whatcom County (45%), City of Bellingham (45%), and Lake Whatcom Water & Sewer District (10%) through a forthcoming interlocal agreement. 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 16 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director MEMORANDUM TO: The Honorable Jack Louws, County Executive, and Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Public Works Director FROM: Rob Ney, Special Projects Manager Kirk Christensen, P.E., Stormwater Supervisor KIIIL- DATE: September 21, 2017 STORMWATER-NPDES 322 N. Commercial, Suite 210 Bellingham, WA 98225 Stormwater: (360) 778-6210 NPDES: (360) 778-6299 FAX: (360) 778-6211 www.whatcomcounty.us SEP 2 82017 JACK LOUWS COUNTY EXECUTIVE RE: Contract with Brown and Caldwell for Lake Whatcom Tributary Monitoring, Water Years 2018-2020 Requested Action Please find enclosed for your approval and signature two (2) originals of a contract for services between Brown and Caldwell Environmental Engineering & Consultants and Whatcom County, for Lake Whatcom Tributary Monitoring, Water Years 2018-2020. Background and Purpose Whatcom County desires to continue the Lake Whatcom Tributary Monitoring Program beginning Fall of 2017 through 2020. The Lake Whatcom Tributary Monitoring Program provides water quality data from tributaries flowing into Lake Whatcom. The data is used to help identify water quality trends in tributaries. The program will assist Whatcom County, and other jurisdictions, in implementing management actions that improve water quality in Lake Whatcom. The Program will provide continued storm and base flow monitoring data, as well as targeted monitoring. Primary monitoring objectives include analyzing for phosphorus, turbidity, total suspended solids and fecal coliform bacteria. Major tasks include collection of storm flow samples, quarterly base -flow monitoring, laboratory analysis and targeted tributary monitoring. A Quality Assurance Project Plan (QAPP) will be developed for the program as required by Washington State Department of Ecology. The proposed QAPP will help establish the program's normal procedures and future program objectives. Brown and Caldwell has been selected as the most qualified consultant for this program through a competitive selection process. Funding Amount and Source The proposed $279,779 contract will be funded by the Public Works-Stormwater base budget (cost center 123205) and reimbursements from City of Bellingham and Lake Whatcom Water & Sewer District. This program is part of an interagency effort with project costs shared between Whatcom County (45%), City of Bellingham (45%), and Lake Whatcom Water and Sewer District (10%) through a forthcoming interlocal agreement. The County's share was anticipated and included in the Stormwater base budget. Please contact Daniel Goger at extension 6312, if you have any questions or concerns regarding the terms of this agreement. Enclosures 17 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director MEMORANDUM TO: The Honorable Jack Louws, County Executive, and Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Public Works Director FROM: Rob Ney, Special Projects Manager ,?- Kirk Christensen, P.E., Stormwater Supervisor PL- DATE: September 21, 2017 STORMWATER-NPDES 322 N. Commercial, Suite 210 Bellingham, WA 98225 Stormwater: (360) 778-6210 NPDES: (360) 778-6299 FAX: (360) 778-6211 www.whatcomcounty.us RE: Contract with Brown and Caldwell for Lake Whatcom Tributary Monitoring, Water Years 2018-2020 Requested Action Please find enclosed for your approval and signature two (2) originals of a contract for services between Brown and Caldwell Environmental Engineering & Consultants and Whatcom County, for Lake Whatcom Tributary Monitoring, Water Years 2018-2020. Background and Purpose Whatcom County desires to continue the Lake Whatcom Tributary Monitoring Program beginning Fall of 2017 through 2020. The Lake Whatcom Tributary Monitoring Program provides water quality data from tributaries flowing into Lake Whatcom. The data is used to help identify water quality trends in tributaries. The program will assist Whatcom County, and other jurisdictions, in implementing management actions that improve water quality in Lake Whatcom. The Program will provide continued storm and base flow monitoring data, as well as targeted monitoring. Primary monitoring objectives include analyzing for phosphorus, turbidity, total suspended solids and fecal coliform bacteria. Major tasks include collection of storm flow samples, quarterly base -flow monitoring, laboratory analysis and targeted tributary monitoring. A Quality Assurance Project Plan (QAPP) will be developed for the program as required by Washington State Department of Ecology. The proposed QAPP will help establish the program's normal procedures and future program objectives. Brown and Caldwell has been selected as the most qualified consultant for this program through a competitive selection process. Funding Amount and Source The proposed $279,779 contract will be funded by the Public Works-Stormwater base budget (cost center 123205) and reimbursements from City of Bellingham and Lake Whatcom Water & Sewer District. This program is part of an interagency effort with project costs shared between Whatcom County (45%), City of Bellingham (45%), and Lake Whatcom Water and Sewer District (10%) through a forthcoming interlocal agreement. The County's share was anticipated and included in the Stormwater base budget. Please contact Daniel Goger at extension 6312, if you have any questions or concerns regarding the terms of this agreement. Enclosures im WHATCOM COUNTY CONTRACT Whatcom County Contract INFORMATION SHEET No. Originating Department: Public Works Division/Program: (i.e. Dept. Division and Program) Stormwater-NPDES Contract or Grant Administrator: Daniel Goger - Engineer Contractor's / Agency Name: Brown & Caldwell Environmental Engineers & Consultants Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes 0 No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes 0 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 0 If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No 0 If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes 0 No ❑ If yes, RFP and Bid number(s): RFQ 15-01 Cost Center: 123205 Is this agreement excluded from E-Verify? No ❑ Yes 0 If no, include Attachment D Contractor Declaration form. If YES, indicate exclusion(s) below: 0 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 Council approval required for; all property leases, contracts or bid awards exceeding $40,000, amount and any prior amendments): and professional service contract amendments that have an increase greater than $10,000 or $ 279,779.00 10% of contract amount, whichever is greater, except when: l . Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, professional services, or other $ capital costs approved by council in a capital budget appropriation ordinance. 3. Bid or award is for supplies or equipment included approved in the budget. Total Amended Amount: 4. Contract is for manufacturer's technical support and hardware maintenance of electronic $ systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: Brown and Caldwell will provide water quality monitoring of tributaries flowing into Lake Whatcom beginning Fall of 2017 through 2020. The program will assist Whatcom County and other jurisdictions in implementing management actions that improve water quality in Lake Whatcom and tributaries. Primary objectives include identifying Phosphorus and fecal coliform concentrations in tributaries. Major tasks include collection of storm flow samples, quarterly base flow monitoring, laboratory analysis and targeted tributary monitoring. This program is part of an interagency effort with project costs shared between Whatcom County (45%), City of Bellingham (45%), and Lake Whatcom Water & Sewer District (10%) through a forthcoming interlocal agreement. Term of Contract: I Expiration Date: 12/31/20 Contract Routing: 1. Prepared by: Daniel Goger 2. Attorney signoff: Daniel L. Gibson th 3. AS Finance reviewed: M Caldwell 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: 9/6/ 17 Date: 09107117 Date: 9/7/17 Date: Date: > /' Date: Date: Date: Date: We Whatcom County Contract No. CONTRACT FOR SERVICES LAKE WHATCOM TRIBUTARY MONITORING Brown and Caldwell, hereinafter called Contractor, and Whatcom County, hereinafter referred to as County, agree and contract as set forth in this Agreement, including: General Conditions, pp. 3 to 9 Exhibit A (Scope of Work), pp. 10 to 12 , Exhibit B (Compensation), pp. 13 to 17 Exhibit C (Certificate of Insurance). 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 1st day of October , 20 17 , and shall, unless terminated or renewed as elsewhere provided in the Agreement, terminate on the 31th day of December , 20 20 . The general purpose or objective of this Agreement is to: continue Lake Whatcom Tributary Monitorinq during 2018-2020 water years, as 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 $ 279,779.00 . 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 � day of r 20 CONTRACTOR: Brown & Caldwell aP Steve Anderson, Senior Vice President STATE OF WASHINGTON ) ) ss. COUNTY OF On thi_ day of 20LI, before me personally appeared i , to me known to be the S VP (title) of '4 1om any) and who executed the abov�,instrument and lwho acknowledged to me the act of signing and sealing thereof. r NO ARY PIJBI-16 in and or the State of VVashington, residing at ti lt _ _ r My commission expires di e or = 12 Contract for Services Brown & Caldwell Page 1 A!►a[i 20 WHATCOM COUNTY: Recommen ed for A vat Di r, Whatcom Cou ublic s bate Approved as to form: Chief Civil Deputy Prosecutor, Whatcom County Date Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 20 _, 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: Brown and Caldwell Steve Anderson, Senior Vice President Address: 901 Pike Streeet Suite 1200 Seattle WA 98101 Contact Name: Mike Milne Contact Phone: 206-749-2284 Contact Email: MMilne@brwncald.com Contract for Services Brown & Caldwell Page 2 V2.0 21 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. 0.2 Standard of Care Subject to the express provisions of the agreed scope of work as to the degree of care, amount of time and expenses to be incurred, and subject to any other limitations contained in this Agreement, Consultant shall perform its Services as agent of Whatcom County in accordance with generally accepted standards and practices customarily utilized by competent engineering firms in effect at the time Consultant's Services are rendered. Consultant does not expressly or impliedly warrant or guarantee its Services. 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: The duration of this Agreement may be extended by mutual written consent of the parties, for a period of up to one year, and for a total of no longer than three years. 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 as 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. Series 20-29: Provisions Related to Consideration and Payments Contract for Services Brown & Caldwell Page 3 V2.0 22 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. 22.1 Withholdinq 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, 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 Administrative Officer 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 Administrative Officer 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 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: The Contractor agrees to comply with all applicable state and federal requirements, including but not limited to those 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 Standards Act providing for weekly payment of prevailing wages, minimum overtime pay, and providing that na 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 Contract for Services Brown & Caldwell Page 4 V2.0 23 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 after payment to Contractor. 31.2 Patent/CopVright Infringement: Contractor will defend and indemnify the County from any claimed action, cause or demand brought against the County, to the extent such action is based on the claim that information supplied by the Contractor infringes any patent or copyright. The Contractor will pay those costs and damages attributable to any such claims that are finally awarded against the County in any action. Such defense and payments are conditioned upon the following: A. The Contractor shall be notified promptly in writing by the County of any notice of such claim. B. Contractor shall have the right, hereunder, at its option and expense, to obtain for the County the right to continue using the information, in the event such claim of infringement, is made, provided no reduction in performance or loss results to the County. 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 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 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. Contract for Services Brown & Caldwell Page 5 V2.0 24 A certificate of such insurance that also identifies the County as an additional insured for the CGL 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 occurrence. 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 defend, 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, 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, to the extent 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. 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, 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. 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: The Contractor shall not discriminate on the grounds of race, color, creed, religion, national origin, sex, age, marital status, sexual orientation, disability, or veteran status; or deny an individual or business any service or benefits under this Agreement; or subject an individual or business to segregation or separate treatment in any manner related to his/her/its receipt any service or services or other benefits provided under this Agreement; or deny an individual or business an opportunity to participate in any program provided by this Agreement. 36.1 Waiver of Noncompetition: Contractor irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to the County, and contractor further promises that it will not in the future, directly or indirectly, induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to the County. 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 Contract for Services Brown & Caldwell Page 6 V2.0 25 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: Jon Hutchings, Director, Whatcom County Public Works, 322 N. Commercial Street, Suite 210, 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: Contractor certifies that it has fully met the responsibility criteria required of public works contractors under RCW 39.04.350 (1), which include: (a) having a certificate of registration in compliance with RCW 18.27; (b) having a current state unified business identifier number; (c) if applicable, having industrial insurance coverage for its employees working in Washington as required in Title 51 RCW, an employment security department number as required in Title 50 RCW, and a state excise tax registration number as required in Title 82 RCW; and (d) not being disqualified from bidding on any public works contract under RCW 39.06.010 or 39.12.065 (3). 38.2 Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions: The Contractor further certifies, by executing this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or Agency. The Contractor also agrees that it shall not knowingly enter into any lower tier covered transactions (a transaction between the Contractor and any other person) with a person who is proposed for debarment, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, and the Contractor agrees to include this clause titled "Certification Regarding Federal Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction" without modification, in all lower tier covered transactions and in all solicitations for lower tier transactions. The "Excluded Parties List System in the System for Award Management (SAM) website is available to research this information at WWW.SAM.GOV. Contractor shall immediately notify Whatcom County if, during the term of this Contract, Contractor becomes debarred. 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 agrees 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 agrees 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 requirements 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 Contract for Services Brown & Caldwell Page 7 V2.0 26 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. 40.2 Contractor Commitments, Warranties and Representations: Any written commitment received from the Contractor incorporated into 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. 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: 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. 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 Contract for Services Brown & Caldwell Page 8 V2.0 27 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: The provisions of paragraphs 11 A, 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 Brown & Caldwell Page 9 V2.o EXHIBIT A: Scope of Work Lake Whatcom Tributary Monitoring, 2018 — 2020 Water Years Introduction Whatcom County selected the Brown and Caldwell (BC) team to conduct the Lake Whatcom Tributaries Monitoring Program for the 2018 to 2020 water years. The program will last three years and begin in Fall of 2017 and extend though the end of 2020. BC led Phases I and II of the monitoring program which was implemented since 2006. This Scope of Work (SOW) for the next phase of work is based on the results of Phases I and II and recent communications with Whatcom County staff. This SOW includes four tasks: 1. Quality Assurance Project Plan 2. Routine tributary monitoring 3. Targeted monitoring 4. Project management The following sections of this SOW describe the activities, deliverables, schedules, and assumptions for each of these tasks. Task 1. Prepare Quality Assurance Project Plan BC will prepare a draft Quality Assurance Project Plan (QAPP) for the 2018-2020 water years program in accordance with Ecology's guidelines. The QAPP will specify the new monitoring objectives, locations, parameters, field and laboratory methods, QA/QC, and data evaluation procedures. The County project manager (PM) will circulate the draft QAPP to the Data Team for review and comment. The County PM will consolidate the comments and resolve any conflicting comments BC will participate in a conference call to discuss the comments. BC will then prepare a revised version of the QAPP. Deliverables • Draft QAPP • Revised QAPP Assumptions • BC will modify the Phase II monitoring plan to serve as the 2018-2020 Water Years QAPP. • The County and City of Bellingham (COB) will provide summary information on potentially relevant monitoring activities by others (e.g., Western Washington University (WWU)). • COB will provide information on currently operational stream and precipitation gages in the watershed. • The County will resolve any internal conflicting comments on the draft QAPP before passing them on to BC. • Two BC staff will participate in a two-hour conference call to discuss comments on the draft QAPP. • All deliverables will be in electronic format. Task 2. Conduct Routine Storm Event and Baseflow Tributary Monitoring The BC team will perform routine storm event and baseflow tributary monitoring in accordance with the QAPP. This will involve tracking weather to identify suitable sampling events, preparing for sampling, mobilizing teams, and manually collecting water samples, estimating flows, coordinating laboratory analysis, and performing data quality reviews. BC will track the weather and mobilize for sampling when there is a significant probability of precipitation forecasted for a runoff -producing storm event (e.g., >0.5 inches during a 24-hour period). The sampling team will arrive on site as close as possible to the beginning of runoff -producing rainfall in an effort to sample during the rising limb of the hydrograph. In Year 1, the BC team will collect storm event samples from the same tributaries as Phase II except for three locations (Silver Beach Creek, Euclid Creek, and Austin Creek) that will be sampled by WWU. A total of 29 tributary locations will be sampled (2 panels with ten locations and one panel with nine locations). Each panel will be sampled twice during the year. All samples Contract for Services Brown & Caldwell Page 10 V2.0 29 will be analyzed for TP and TSS. Ten percent of the samples from all sites will also be analyzed for SRP. Samples collected from the tributaries included in the fecal coliform TMDL will also be analyzed for fecal coliform. During each storm sampling event, BC will estimate flow at each sampling location. In addition to storm event sampling, BC will conduct quarterly monitoring at each tributary location. The quarterly sampling will be conducted during baseflow conditions. Twenty sites will be sampled once per quarter during Year 1. The samples will be analyzed for the same parameters as the storm event samples (including SRP and fecal coliform in a subset of the samples). After each sampling round, BC will perform a data quality review of the laboratory analytical results using the criteria described in the QAPP. BC will send a brief e-mail to the County PM after each round. At the end of the first year of routine tributary monitoring, BC will evaluate the monitoring results and develop draft recommendations for adjustments to the monitoring program, including elimination of redundant sites as well as sites located in areas where new development and/or stormwater BMPs are not anticipated. BC will attend a Data Team meeting to discuss the first year of monitoring results and potential refinements to the tributary monitoring program. BC will revise the QAPP accordingly. Monitoring in Years 2 and 3 will follow the revised QAPP. BC will prepare a draft report after Year 3 of the 2018-2020 water years monitoring has been completed. The draft report will describe the 2018-2020 water years monitoring activities, analytical results, and key findings. The County PM will coordinate review of the draft with COB and other Data Team members as appropriate and resolve any conflicting comments before passing them on to BC. If necessary, BC will participate in a conference call with the County and the Data Team to discuss the comments. BC will then revise the 2018-2020 water years report. The scope of this task could vary depending on the Year 1 findings. If the Year 1 findings affect the routine tributary monitoring scope, BC will work with the County to amend the scope and budget for Task 2. Assumptions for Cost Estimate: • The 2018-2020 water years monitoring program will last three years. • In Year 1, storm event sampling will be performed on 29 tributary locations using a rotating panel approach. The 29 sites will be divided into three panels and one panel will be sampled per storm event. • Each panel will be sampled up to twice per year if practical (i.e., depending on weather) • During each storm sampling event, the BC team will collect a grab sample from each location in the panel and repeat this process until each location has been sampled three or four times. The total number of grab samples may vary depending on the storm intensity and duration. A sampling event may last up to 12 hours. The grab samples from each location will be combined to form one composite sample for laboratory analysis. • If a predicted storm event fails to generate a discernible increase in stream flow, the sampling team will collect one grab sample at each location in the panel. • Field staff will estimate flow at sampling locations that do not have a stream flow gage. • All samples will be analyzed for TP and TSS. Ten percent of samples will also be analyzed for SRP. • Samples collected from 9 of the 11 tributaries included in the bacteria TMDL will also be analyzed for fecal coliform bacteria (two of the 11 are being sampled by WWU). • During Year 1, baseflow samples will be collected from 20 tributaries four times per year. One grab sample will be collected from each site during each base flow sampling event. • Baseflow samples will be analyzed for the same parameters as the storm event samples. • Samples will be analyzed by a state -accredited laboratory with expertise in phosphorus analyses. • If the County decides that changes are needed based on the Year 1 sampling results, BC will revise the QAPP accordingly. In addition, BC will work with the County project manager to revise the scope and budget for Years 2 and 3 if necessary. • The cost estimate assumes that the storm event and quarterly baseflow sampling in Years 2 and 3 will be the same as Year 1, except that only 20 sites will be sampled. The storm event sampling will include two panels of ten sites each. Each panel will be sampled twice per year. • The quarterly baseflow sampling in Years 2 and 3 will consist of four rounds of sampling at 10 sites, with one grab sample per site per round. The quarterly baseflow sampling will include the 9 tributaries included in the fecal coliform TMDL. • The final report will be prepared after all three years of the 2018-2020 water years monitoring has been completed. It will include statistical summaries and discuss the key findings considering the 2018-2020 water years monitoring objectives. Contract for Services Brown & Caldwell Page 11 V2.0 30 The County PM will coordinate review of the draft report with COB and other Data Team members as appropriate and resolve any conflicting comments before passing them on to BC. Two BC staff will participate in a two-hour conference call to discuss comments on the draft 2018-2020 water years report. All deliverables will be in electronic format. Deliverables: • Emails to notify the County PM of each sampling event • Draft and final 2018-2020 water years monitoring report Task 3. Perform Targeted Monitoring BC understands that the County, COB, or other Data Team members may identify additional data gaps or questions that require monitoring. If targeted monitoring is deemed necessary, the County PM will notify BC and provide background materials (e.g., maps of potential monitoring locations) as appropriate. BC will participate in a conference call with the County and COB to discuss the specific questions/data needs and potentially appropriate monitoring strategies. If the monitoring would involve new locations, methods, or equipment, BC may conduct a site visit. Upon authorization from the County PM, BC will conduct the targeted monitoring activities. The level of effort for this task will be limited to the allocated budget. Deliverables: • Deliverables for this task may vary. Assumptions • This task will be implemented on an "as -needed" basis, when authorized by the County PM. • The cost estimate for this task assumes: O Up to seven additional rounds of storm event sampling at 12 sites O One composite sample per site per sampling event O All samples analyzed for TP and TSS, and 10% of samples analyzed for SRP O Samples from nine sites analyzed for fecal coliform bacteria o Results will be included in the 2018-2020 water years report Task 4. Project Management The BC PM will be responsible for consultant team supervision, QA/QC, and scope, budget and schedule control. BC will prepare monthly invoices and progress reports. The BC PM will maintain frequent communications with the County PM throughout this project. Deliverables: • Invoices and progress reports. Assumptions • The project duration is 36 months. Contract for Services Brown & Caldwell Page 12 V2.0 31 EXHIBIT "B" (COMPENSATION) Contract for Services Brown & Caldwell Page 13 V2.0 32 m uu W 3 oo o o c o o g x o 0 w a Contract for Services Brown & Caldwell V2.0 Page 14 33 ,n x ET -i m ➢ ➢ ➢ -i �p 0 Q O < < -G -G O -G < T m, a a s 0 m o@ w m m m m v m m m m m s Q. �j a a a 0 3 (n 3 pp m v v v 9 'p Ji 3 (D .m m W W W W -i O O o o I N N r O D 0 s( m v a O a� O O O O N< 1 = 3 Q 3 o o m,3 3 3 m z = m row v CT m@ 2 r c 3 T (<D < o o� Z a p v -8 90 g° m 3 3 3o i a a -a N S' , o m a o s m (D (D (D v o n m(D v w X (D W N O 0 . o 0 o c C (a N n a' W (n N (OD -. 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(0 (A C8 .#'a , 0 -4 ea (dot 0 O 01 CM1t C4 Contract for Services Brown & Caldwell V2.0 Page 15 0 W W 11 m h 34 Gt D D D ; f G C7 G G G;u Q G C C t G C! .' O O A a a a ;m M m m m m co w Q m G m m :ro o w Z' O ru w w= o w D g O m 0 cn to a� D -o c w c O 3 w c 0 0 ' p 3 -. O Er 1 o a 3 3 .� ar 3`-v D_ 3 3 3 �. K w ro m ro rn m w g <<< aNi n w a m 2 w Z w,'. O O .w.g-0 (a <, @ u] CD 6, 'a ra `'� "ma's 6 Q cr N t5 O ''. N cry l{.1 ca y �_ w 2 D N N �; A M X COD M Cron :3CIx X In Ca O fl ; T. C = [U N N @ fn n N N CD uai` O O N a L. y us us rn N N_ N fA N O O O O s C C C a a a ' i3 +b N W N ;�,}: A -P A A A m d3`i s ,.„.- N W N,_ A A A A W O, A O A ;jam:; O a, Q O Q 'mil N N N A A A A W Cfl N W Nd Y A A A A W Cn W N W? A A A A tb W w� W A W 7 m Cn 07 CA W (D CW a i T^. Cn a7 d CD0 0 0 Cn C O O N A O Ch ai CJt W Os CO W W W N N .P N WC. W W m Ci7 W y 4} Ch C j W C7 CU .P ST ? y,�R;0 Ch O (T O d tO pp,yy C,G :to- • ^+1 40 s A CQ , -4 CO N ^.f co s p3 ! _tea, N Cri ^d W a? Contract for Services Brown & Caldwell v2.o Page 16 35 EXHIBIT "B-1" (BROWN & CALDWELL RATE SHEET) WA 2017 Rate Table C Assistant Drafter Field Service Technician II Office/Support Services III $94 Engineer Senior Drafter Senior Illustrator E Inspector Geologist/Hydrogeologist I Scientist I Technical Editor II Senior Field Service Accountant II Technician Word Processor IV $115 Inspector III Senior Designer Supervising Drafter GeologisVHydrogeologist III Accountant IV G Supervising Illustrator Scientist III Administrative Manager $146 Principal Engineer Principal Principal Construction Engineer GeologistlHydrogeologist I Supervising Designer Principal Scientist Corp.Contract Administrator $193 Managing Geolog ist/Hydrogeologist K Managing Engineer Managing Scientist Area Bus Ops Mgr IV $240 M Vice President $259 N Senior Vice President $259 O President/Executive Vice President $259 Budget Narrative: Contract amounts shall not exceed the total budget in this Exhibit B. As consideration for services provided in Exhibit A, Scope of Work, the County agrees to compensate the contractor according to the range of hourly rates referenced above. The contractor agrees to submit monthly invoices and progress reports. Any work performed prior to the effective date or continuing after the completion date of the contract, unless otherwise agree upon in writing, will be at the contractor's expense. Contract for Services Brown & Caldwell Page 17 V2.0 36 ® CERTIFICATE OF LIABILITY INSURANCE �,..� 5/31/2018 DATE(MM/DD/YYYY) 9/21/2017 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 have ADDITIONAL INSURED provisions or 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 Lockton Companies 444 W. 47th Street, Suite 900 Kansas City MO 64112-1906 (816)960-9000 CONTACT NAME: PHONE i FAX -- ---- — ---- — Ext : A/C No E-MAIL ADDRESS: __WNSURERLSJ AFFORDING COVERAGE NAIC # INSURER A: Hartford Fire Insurance Company_____ 19682 --- - ------------------ INSURED BROWN AND CALDWELL 1393387 AND ITS WHOLLY OWNED SUBSIDIARIES INSURER B : Lloyds of London INSURER C' INSURERD: AND AFFILIATES 201 NORTH CIVIC DRIVE, SUITE 115 WALNUT CREEK CA 94596 INSURERE: -- — — INSURERE: COVERAGES * CERTIFICATE NUMBER: 14956741 REVISION NUMBER: XXXXXXX 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 'ADDLIS POLICY EFF POLICY EXP LTR TYPE OF INSURANCE IN D! WVD M POLICY NUMBER M/DD/YYYY MMIDD/YYYY 1 LIMITS A XI. COMMERCIAL GENERAL LIABILITY YY I 37CSEQU1172 5/31/2017 ! 5/31/2018 EACH OCCURRENCE----- $ 2,0002000____ _ DAMAGE TO RENTED (J CLAIMS -MADE I X OCCUR i PREMISES Ea occurrence $ 21000,000 i MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE —+$ 4,000,000 --- --- PRO- I POLICY I_� JECT j_ LOC I iPRODUCTS =COMP/OP AGG $ 4000000 --- — -- — OTHER: $ AUTOMOBILE LIABILITY - NOT APPLICABLE COMBINED SINGLE LIMIT $ L(Ea accident)_ �_ XXXXXXX _ ANY AUTO i BODILY INJURY (Per person) i $ XXXXXXX_ OWNED I SCHEDULED { BODILY INJURY (Peraccident) $ AUTOS ONLY AUTOS XXXXXXX HIRED i NON -OWNED PROPERTY DAMAGE $ XXXXXXX Per acciden,..- AUTOS ONLY AUTOS ONLY t —_._. I $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE j EACH OCCURRENCE $ XXXXXXX ~� _ EXCESS LIAB CLAIMS -MADE; ! AGGREGATE_ - $ XXXXXXX DED RETENTION $ j I $ XXXXXXX ' WORKERS COMPENSATION t I NOT APPLICABLE i PER 1 OTH- - STATUTE I ER. AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT i $ XXXXXXX :OFFICER/MEMBER EXCLUDED? N / A I - -- - - j (Mandatory in NH) E.L. DISEASE - EA EMPLOYEEI $ XXXXXXX ' If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ XXXXXXX B PROFESSIONAL N N LDUSA1700482 5/31/2017 1 5/31/2018 $1,000,000 PER CLAIM & $2,000,000 LIABILITY AGGREGATE I i DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: SID 76468 - LK WHATCOM TRIB MONITOR-YR 2018-2020. WHATCOM COUNTY ITS OFFICERS, AGENTS AND EMPLOYEES ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND THIS COVERAGE IS PRIMARY AND NON-CONTRIBUTORY, AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY WHERE ALLOWED BY STATE LAW AND AS REQUIRED BY WRITTEN CONTRACT. THIRTY DAYS NOTICE OF CANCELLATION BY THE INSURER WILL BE PROVIDED TO THE CERTIFICATE HOLDER WITH RESPECT TO THE GENERAL LIABILITY AND PROFESSIONAL LIABILITY POLICIES. TEN (10) DAYS NOTICE WILL BE PROVIDED IN THE EVENT OF NONPAYMENT OF PREMIUM. PROFESSIONAL LIABILITY INCLUDES THREE (3) YEAR TAIL COVERAGE. CERTIFICATE HOLDER CANCELLATION See Attachments 14956741 W HA-22 WHATCOM COUNTY PUBLIC WORKS ATTENTION: DANIEL GOGER 322 N COMMERCIAL ST SUITE 210 BELLINGHAM WA 98225 ACORD 25 (2016/03) 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 t7 19RR0015 ACORD CORPORATION- All rights reserved The ACORD name and logo are registered marks of ACORD 37 Named Insured: BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES Policy Number: 37CSEQU1172 Policy Term: 5/31/2017 to 5/31/2018 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT OR AGREEMENT - OPTION II This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Person(s) or Designated Project(s) or Location(s) of Oroanization(s): Covered Operations: ALL ALL Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule above with whom you agreed in a written contract or written agreement to provide insurance such as is afforded under this policy, but only to the extent that such person or organization is liable for "bodily injury", "property damage" or "personal and advertising injury" caused by: 1. Your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations for such additional insured at the project(s) or location(s) designated in the Schedule; b. In connection with your premises owned by or rented to you and shown in the Schedule; or C. In connection with "your work" for the additional insured at the project(s) or location(s) designated in the Schedule and included within the "products -completed operations hazard", but only if: (1) The written contract or agreement requires you to provide such coverage to such additional insured at the project(s) or location(s) designated in the Schedule; and (2) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products -completed operations hazard". 2. The acts or omissions of the additional insured in connection with their general supervision of your operations at the projects or locations designated in the Schedule. B. The insurance afforded to these additional insureds applies only if the "bodily injury" or "property damage" occurs, or the "personal and advertising injury" offense is committed: 1. During the policy period; and 2. Subsequent to the execution of such written contract or written agreement; and 3. Prior to the expiration of the period of time that the written contract or written agreement requires such insurance be provided to the additional insured. Attachment Code: D465358 Certificate ID: 14956741 C. With respect to the insurance afforded to the additional insureds under this endorsement, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional architectural, engineering or surveying services by or for you, including: 1. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or specifications; and 2. Supervisory, inspection, architectural or engineering activities. D. Limits of Insurance With respect to insurance provided to the additional insured shown in the Schedule, Paragraph 8. How Limits of Insurance Apply To Additional Insureds in Section III - Limits of Insurance does not apply. E. Duties Of Additional Insureds In The Event Of Occurrence, Offense, Claim Or Suit The Duties Condition in Section IV - Conditions is replaced by the following and applies to the additional insured shown in the Schedule: 1. Notice Of Occurrence Or Offense The additional insured must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, notice should include: a. How, when and where the "occurrence" or offense took place; b. The names and addresses of any injured persons and witnesses; and C. The nature and location of any injury or damage arising out of the "occurrence" or offense. 2. Notice Of Claim If a claim is made or "suit is brought" against the additional insured, the additional insured must: a. Immediately record the specifics of the claim or "suit" and the date received; and b. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. 3. Assistance And Cooperation Of The Insured The additional insured must: a. Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the claim or "suit"; b. Authorize us to obtain records and other information; c. Cooperate with us in the investigation or settlement of the claim or defense against the "suit"; and d. Assist us, upon our request, in the enforcement of any right against any person or organization which may be liable to the insured because of injury or damage to which this insurance may also apply. 4. Obligations At The Additional Insureds Own Cost No additional insured will, except at that insured's own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent. 5. Additional Insureds Other Insurance If we cover a claim or "suit" under this Coverage Part that may also be covered by other insurance available to the additional insured, such additional insured must submit such claim or "suit" to the other insurer for defense and indemnity. Attachment Code: D465358 Certificate ID: 14956741 39 However, this provision does not apply to the extent that you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance. Knowledge Of An Occurrence, Offense, Claim Or Suit Paragraphs 1. and 2. apply to the additional insured only when such "occurrence", offense, claim or "suit" is known to: a. The additional insured that is an individual; b. Any partner, if the additional insured is a partnership; C. Any manager, if the additional insured is a limited liability company; d. Any "executive officer" or insurance manager, if the additional insured is a corporation; e. Any trustee, if the additional insured is a trust; or f. Any elected or appointed official, if the additional insured is a political subdivision or public entity. F. Other Insurance With respect to insurance provided to the additional insured shown in the Schedule, the Other Insurance Condition Section IV - Conditions is replaced by the following: 1. Primary Insurance a. Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract or written agreement that this insurance be primary. If other insurance is also primary we will share with all that other insurance by the method described in 3. below. b. Primary And Non -Contributory To Other Insurance When Required By Contract If you have agreed in a written contract or written agreement that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. Paragraphs a. and b. do not apply to other insurance to which the additional insured has been added as an additional insured or to other insurance described in paragraph 2. below. 2. Excess Insurance This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis: a. Your Work That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; b. Premises Rented to You That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner; C. Tenant Liability That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; d. Aircraft, Auto Or Watercraft If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I - Coverage A - Bodily Injury And Property Damage Liability; e. Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion j. of Section I - Coverage A - Bodily Injury Or Property Damage Liability; or f. When You Are Added As An Additional Insured To Other Insurance Attachment Code: D465358 Certificate ID: 14956741 M That is any other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: a. The total amount that all such other insurance would pay for the loss in the absence of this insurance; and b. The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. 3. Method of Sharing If all other insurance permits contribution by equal shares, we will follow this method also. Under this approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers. Attachment Code: D465358 Certificate ID: 14956741 41 Named Insured: BROWN AND CALDWELL AND ITS WHOLLY OWNED SUBSIDIARIES Carrier: Hartford Fire Insurance Company Policy Number: 37CSEQU1172 Policy Term: 5/31/2017 to 5/31/2018 COMMERCIAL GENERAL LIABILITY COVERAGE FORM SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 8. Transfer of Rights of Recovery Against Others to Us Waiver of Rights of Recovery (Waiver of Subrogation) If the insured has waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. Attachment Code: D465344 Certificate ID: 14956741 42 WUATrMJ r"TTIVTV ('nTT1V('71. AGENDA BILL NO. 2017-293 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator:A.Rose AR 912612017 1 / It L....) IIf �� f �� �f ! �. \` K: 10/10/17 Finance/Council Division Head. G. Stoyka it l Dept. Head: , {�� )l J.Hutchings ( r 0 3 1 Prosecutor: og/�1� D.Gihson a�t;�HAI'COM COONTY , 00 Purchasing/Budget: B.Bennett Bb 09126117 Executive: J. Houws e O TITLE OF DOCUMENT: State of Washington Department of Ecology Grant Agreement SEANWS-201 7- WhCoP W-00004 Northwest Straits Project: Whatcom Marine Resources Committee (MRQ Operation and Projects ATTACHMENTS: Contract information sheet, memo, and grant agreement 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 grant agreement will be used to fund administrative and action projects for the Whatcom County Marine Resources Committee through the period of October 1, 2017 through September 30, 2018. Action projects include community education and outreach, water quality monitoring, bull kelp surveys, forage fish spawning surveys, a pilot Olympia Oyster restoration project, and participation in pre -restoration monitoring efforts of the mining quarry at the Aiston Preserve on Lummi Island. 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. 43 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS Director MEMORANDUM NATURAL RESOURCES 322 N. Commercial, Suite 110 Bellingham, WA 98225 Telephone: (360) 778-6230 FAX: (360) 778-6231 www.whatcomcounty.us TO: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Public Works Director Ir SEP 2 8 2017 FROM: Gary Stoyka, Natural Resources Manage - Austin Rose, Planner I, Natural Resources JACK LOUWS COUNTY EXECUTIVE RE: State of Washington Department of Ecology Grant Agreement SEANWS-20-WhCoPW-00004 Northwest Straits Project: Marine Resources Committee (MRC) Operations and Projects DATE: September 25, 2017 Please find enclosed for your review and signature three (3) originals of Grant Agreement SEANWS-2017-WhCoPW-00004, Northwest Straits Project: Marine Resources Committee (MRC) Operation and Projects, between the Washington State Department of Ecology (DOE) and Whatcom County for the sum of $74,000. ■ Background and Purpose This grant agreement will fund administrative and action projects for the Whatcom County MRC including community education and outreach, water quality monitoring, bull kelp surveys, forage fish spawning surveys, a pilot Olympia Oyster restoration project, and participation in pre -restoration monitoring efforts of the mining quarry at the Aiston Preserve on Lummi Island. The administrative portion of the budget will fund the continuation of an existing 0.7 FTE position to support the MRC with meeting coordination, contract administration, project implementation, and monitoring. ■ Funding Amount and Source This grant agreement with DOE provides the County with $74,000 for administrative and technical support to the MRC and to implement action projects. No match is required. Please contact Austin Rose at extension 6286 if you have any questions regarding this agreement. Enclosures WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 2 o I u 10 / Originating Department: Public Works Program/Project: (i.e. Dept Division and Project) Natural Resources - Whatcom Marine Resources Committee Contract or Grant Administrator: Austin Rose, Planner I Contractor's / Agency Name: Washington State Department of Ecology 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? SEANWS- 2017- WhCoPW- Yes ® No ❑ If yes, grantor agency contract number(s): 00004 CFDA#: 66.456 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: 169119 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. $ 74,000.00 • 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: This grant agreement will fund administrative and action projects for the Whatcom County MRC including community education and outreach, water quality monitoring, bull kelp surveys, forage fish spawning surveys, a pilot Olympia Oyster restoration project, and participation in pre -restoration monitoring efforts of the mining quarry at the Aiston Preserve on Lummi Island. Term of Contract: October 1, 2017 Expiration Date: September 30, 2018 Contract Routing: I. Prepared by: Austin Rose 2. Attorney signoff ° f, 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: 09/25/2017 Date: 01® l7 Date: 09/26/17 Date: Date: Date: / ®7 Date: Date: Date: Last edited 10/01/15 45 s LG fi -,6 DEPARTMENT OF Mom, ECOLOGY - c a'" 9 s Ce" 7 �, State of Washington Agreement No. SEANWS-2017-WhCoPW-00004 NORTHWEST STRAITS AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY AND WHATCOM COUNTY This is a binding Agreement entered into by and between the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and Whatcom County, hereinafter referred to as the "RECIPIENT," to carry out with the provided funds activities described herein. GENERAL INFORMATION Project Title: Total Cost: Total Eligible Cost: Ecology Share: Recipient Share: The Effective Date of this Agreement is: The Expiration Date of this Agreement is no later than: Project Type: Whatcom Marine Resources Committee Operation and Projects $74,000.00 $74,000.00 $74,000.00 $0.00 10/01/2017 09/30/2018 NW Straits Grant Project Short Description: The Whatcom MRC works to achieve important goals of resource conservation and habitat protection within the Northwest Straits, through implementing priorities of the Puget Sound Action Agenda. This grant will support the Whatcom MRC operations and projects for 2017-18. Project Lona Description: The MRC is focused on two Action Agenda strategic initiatives: 1) protecting and restoring marine habitats; 2) restore and reopen shellfish beds. In addition to projects, this funding provides education and outreach programming and administrative support for the MRC to accomplish these goals. Overall Goal: The overall goal is to implement projects that improve the health of marine waters, shorelines, and aquatic resources of Whatcom County. Eel State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County RECIPIENT INFORMATION Organization Name: Whatcom County Federal Tax ID: 91-6001383 DUNS Number: 060044641 Mailing Address: 322 N. Commercial Street, Suite 220 Bellingham, Washington 98225 Physical Address: 322 N. Commercial Street, Suite 220 Bellingham, Washington 98225 Organization Email: ccraver@co.whatcom.wa.us Contacts Project Manager Austin Rose Planner I - Marine Resources Committee Staff 322 N. Commercial St Bellingham, Washington 98225 Email: arose@co.whatcom.wa.us Phone: (360) 778-6286 Silting Contact I Christy Fowler 322 N. Commercial St. Suite 210 Bellingham, Washington 98225 Email: cfowler@co.whatcom.wa.us Phone: (360) 676-6692 Authorized I Jack Louws Signatory County Executive 311 Grand Avenue, Suite 108 Bellingham, Washington 98225 Email: jlouws@co.whatcom.wa.us Phone: (360) 676-6717 Version 10/30/2015 Page 2 of 33 47 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County ECOLOGY INFORMATION Mailing Address: Department of Ecology Shorelands PO BOX 47600 Olympia, WA 98504-7600 Physical Address: Shorelands 300 Desmond Drive SE Lacey, WA 98503 Contacts Sasha Horst Project Manager Breazeale-Padilla Bay Interp. Center 10441 Bayview Edison Rd. Mt Vernon, Washington 98273-7242 Email: horst@nwstraits.org Phone: (360) 428-1084 Sasha Horst Financial Manager Breazeale-Padilla Bay Interp. Center 10441 Bayview Edison Rd. Mt Vernon, Washington 98273-7242 Email: horst@nwstraits.org Phone: (360) 428-1084 Lucas Hart Technical Advisor Breazeale-Padilla Bay Interp. Center 10441 Bayview Edison Rd. Mt Vernon, Washington 98273-7242 Email: HART@NWSTRAITS.ORG Phone: (360) 428-1057 Version 10/30/2015 Page 3 of 33 a-*] State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County AUTHORIZING SIGNATURES RECIPIENT agrees to furnish the necessary personnel, equipment, materials, services, and otherwise do all things necessary for or incidental to the performance of work as set forth in this Agreement. RECIPIENT acknowledges that they had the opportunity to review the entire Agreement, including all the terms and conditions of this Agreement, Scope of Work, attachments, and incorporated or referenced documents, as well as all applicable laws, statutes, rules, regulations, and guidelines mentioned in this Agreement. Furthermore, the RECIPIENT has read, understood, and accepts all requirements contained within this Agreement. This Agreement contains the entire understanding between the parties, and there are no other understandings or representations other than as set forth, or incorporated by reference, herein. No subsequent modifications or amendments to this agreement will be of any force or effect unless in writing, signed by authorized representatives of the RECIPIENT and ECOLOGY and made a part of this agreement. ECOLOGY and RECIPIENT may change their respective staff contacts without the concurrence of either party. This Agreement shall be subject to the written approval of Ecology's authorized representative and shall not be binding until so approved. The signatories to this Agreement represent that they have the authority to execute this Agreement and bind their respective organizations to this Agreement. IN WITNESS WHEREOF: the parties hereto, having read this Agreement in its entirety, including all attachments, do agree in each and every particular and have thus set their hands hereunto. Washington State Department of Ecology Whatcom County Page 4 of 33 By: By: Gordon White Date Jack Louws Date Shorelands County Executive Program Manager Template Approved to Form by t 4 1 C . Attorney General's Office L 506, Version 10/30/2015 We State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County SCOPE OF WORK Task Number: 1 Task Cost: $43,500.00 Task Title: Project Administration/Management Task Description: 1.1 MRC Meetings and Communication: schedule and hold regular meetings of the MRC; prepare and distribute agenda; prepare and distribute meeting minutes; invite speakers on topics of community interest; and other logistical and communication functions as needed. Provide summary of activities for MRC representative to share at Northwest Straits Commission (NWSC) meetings. 1.2 Grant administration: Prepare progress reports, final report and closeout report for Northwest Straits Commission; track and administer budget; document matching funds and volunteer time; perform contract management; and prepare grant applications for MRC projects. 1.3 MRC Web Site: Existing MRC web site will be maintained and regularly updated with notices of upcoming meetings and agendas and other timely and relevant information. 1.4 Annual Report: This report will summarize MRC activities and progress on projects, including progress in achieving the Northwest Straits Initiative's performance benchmarks and connection to Puget Sound Action Agenda. 1.5 Annual Workplan: The workplan will include the objectives, timeframe, products, and benchmarks addressed in this scope of work. 1.6 Training: The MRC members will attend the Northwest Straits Commission training and/or additional conferences, trainings, and workshops as appropriate. 1.7 Representation at NWSC meetings: A representative of the MRC will attend each Northwest Straits Commission meeting and provide an update on current activities of the MRC. 1.8 Local Integrating Organization: The MRC will participate in meetings and operations of the Local Integrating Organization (LIO) in order to participate in the local planning process and action agenda update, including identification of Near Term Actions. Task Goal Statement: To carry out administrative functions in support of the mission (including work plan preparation, developing and preparing grant proposals, programmatic staff support, project monitoring and performance tracking, education programs and grant writing), travel, planning and participation in training opportunities. Task Expected Outcome: a. MRCS have a documented process to recruit and train members to be active participants and contributors to the work of the MRC. b. Information about projects and the work of the MRC is accessible and shared regularly through presentations, meetings and web site. Version 10/30/2015 Page 5 of 33 RIC State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County c. The MRC meets regularly in a public forum that is promoted locally to community members and decision makers. d. The MRC is informed of and contributes to the work of the Northwest Straits Commission. e. The value of volunteer hours and other local contributions to the work of the MRC is documented and shared with the Commission and the County. f. The work of the MRC is planned in advance through an annual workplan and documented in an annual report. g. MRC members and staff contribute to other relevant local and regional processes related to marine issues. Version 10/30/2015 Page 6 of 33 51 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Recipient Task Coordinator: Austin Rose Project Administration/Management Deliverables Page 7 of 33 Number Description Due Date 1.1 Quarter 1 Progress Report 01/10/2018 1.2 Quarter 2 Progress Report 04/10/2018 1.3 Quarter 3 Progress Report 07/10/2018 1.4 Quarter 4 Progress Report 10/10/2018 1.5 Quarter 1 Meeting Agenda and Minutes 01/10/2018 1.6 Quarter 2 Meeting Agenda and Minutes 04/10/2018 1.7 Quarter 3 Meeting Agenda and Minutes 07/10/2018 1.8 Quarter 4 Meeting Agenda and Minutes 10/10/2018 1.9 Semi -Annual Web Site Address and Screen Shots of Up -to -Date Content 1 04/10/2018 1.10 Semi -Annual Web Site Address and Screen Shots of Up -to -Date Content 2 10/10/2018 1.11 Annual Workplan 01/10/2018 1.12 Annual Report 04/10/2018 1.13 Quarter 1 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 01/10/2018 1.14 Quarter 2 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 04/10/2018 1.15 Quarter 3 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 07/10/2018 1.16 Quarter 4 List of NWSC Meetings, Conferences and Other Workshops Attended and Names of MRC Members Attending 10/10/2018 1.17 Quarter 1 Report to the Commission 01/10/2018 1.18 Quarter 2 Report to the Commission 04/10/2018 1.19 Quarter 3 Report to the Commission 07/10/2018 1.20 Quarter 4 Report to the Commission 10/10/2018 1.21 Quarter 1 Matching Funds/Volunteer Time Tracking 01/10/2018 1.22 Quarter 2 Matching Funds/Volunteer Time Tracking 04/10/2018 Version 10/30/2015 52 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 8 of 33 1.23 Quarter 3 Matching Funds/Volunteer Time Tracking 07/10/2018 1.24 Quarter 4 Matching Funds/Volunteer Time Tracking 10/10/2018 Version 10/30/2015 0 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County SCOPE OF WORK Task Number: 2 Task Cost: $18,150.00 Task Title: Education and Outreach Task Description: 2.1 Public Speaker Series: The MRC will serve as the lead partner to organize four community events that will contribute to informing citizens about marine resources and issues specifically. Potential speaker series event topics include: hatchery management; water conservation; low impact development practices; fish toxicity and consumption; cross -border water issues; and ocean acidification. For each event, a post -survey will be distributed at events in order to measure effectiveness. 2.2 Community Education and Outreach: The MRC will participate in community events including but not limited to, Whatcom Water Week, Birch Bay Beach Day, Taylor Shellfest-tival, to provide learning opportunities on local marine resources issues and be viewed as a source of education in the community. 2.3 North Sound Stewards: The North Sound Stewards is a citizen science training program developed in partnership with RE Sources for Sustainable Communities. Through trainings offered in the program, participants become a trained citizen scientists who contribute to scientific research for the health of the Salish Sea. An intern will coordinate the program and work with project partners to build a list of trainings and associated project needs in the fall of 2017. At least 50 community members will sign up to participate, and three newspaper articles will be generated to promote the program. 2.4 Jerry's Journey: Jerry's Journey is an education and outreach project that includes the installation of interpretive signs at Birch Bay State Park. Five signs were previously developed for this program and will be installed in the fall of 2017. Whatcom MRC will produce and install the last sign in the series, highlighting European explorers and early settlers to the Birch Bay area. Prior to the signs being installed, Whatcom MRC will develop a short survey to establish baseline levels of knowledge of Birch Bay, its history and ecology. A post -installment survey conducted in Spring/Summer 2018 will evaluate the effectiveness of the signs. Task Goal Statement: 2.1 Public Speaker Series: The MRC goal for participating in the Public Speaker Series is utilize partnerships in order to provide a forum for the exchange of information on marine related topics to the MRC and the broader local community. 2.2 Community Education and Outreach: To increase public awareness and recognition of the MRC and marine resources in Whatcom County and identify future volunteers and MRC members. 2.3 North Sound Stewards: The goal of the North Sound Stewards program is to engage the community in MRC projects and mobilize citizen science volunteers for priority regional projects. 2.4 Jerry's Journey: The goal of this project is to increase public awareness and understanding of the ecological importance of Birch Bay from historical/cultural, environmental, and recreational perspectives, while fostering stewardship and appreciation of our local marine environment and resources. Task Expected Outcome: Version 10/30/2015 Page 9 of 33 54 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County 2.1 Public Speaker Series: Four speaker series events will be hosted by the MRC, two of which will contribute to informing citizens about marine resources and issues specifically. 2.2 Community Education and Outreach: The MRC will participate and table in at least three community events that attract a diversity of audiences. MRC staff and volunteers will communicate with at least 250 community members about local marine resource issues and will track the number of fact sheets distributed at events. At least 20 visitors to the MRC table will sign up to receive MRC information or volunteer for MRC projects. 2.3 North Sound Stewards: Through the North Sound Stewards program, marine programs in Whatcom County will have increased capacity and a trained group of volunteers will be available for future projects. 2.4 Jerry's Journey: Increased understanding from local visitors of Birch Bay State Park as a precious recreational and educational asset of the Birch Bay community. Whatcom MRC will have an understanding of the effectiveness of the signs based on survey responses. Version 10/30/2015 Page 10 of 33 55 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Recipient Task Coordinator: 2.1 Sue Blake/Elizabeth Kilanowski 2.2 Glen Alexander/Doug Stark 2.3 Doug Stark Education and Outreach Deliverables Page I 1 of 33 Number Description Due Date 2.1 Public speaker series workplan 12/31/2017 2.2 Public speaker series progress report (including any promotional 04/10/2018 materials, event summaries and jpg images) 2.3 Public speaker series progress report (including any promotional 07/10/2018 materials, event summaries and jpg images) 2.4 Final report including number of events, estimated number of partcipants, 09/30/2018 press releases, flyers, evaluation materials (survey responses), and summary of survey results. 2.5 Community education and outreach workplan 12/31/2017 2.6 Community education and outreach progress report 04/10/2018 2.7 Community education and outreach progress report 07/10/2018 2.8 Community education and outreach final report including: summary of 09/30/2018 events, photos, number of direct contacts and MRC sign-ups, number of fact sheets distributed, and volunteer hours 2.9 N Sound Stewards progress report (including any recruitment materials 01/10/2018 and draft list of trainin s) 2.10 N Sound Stewards progress report (including list oftrainings, number of 04/10/2018 participants, jpg images) 2.11 N Sound Stewards progress report 04/10/2018 2.12 N Sound Stewards volunteer database including volunteer hours, 09/30/2018 volunteers matched with project specific interests 2.13 N Sound Stewards final report (including summary of program, list of 09/20/2018 trainings, volunteers and hours, list of projects, program evaluation, newspaper articles and jpg images) 2.14 Jerry's Journey copy of pre- and post -installation surveys 01/10/2018 2.15 Jerry's Journey proof of final sign (pdf) 04/10/2018 2.16 Jerry's Journey progress report 07/10/2018 2.17 Jerry's Journey final report (including summary of pre- and 09/30/2018 post -installation survey results and evaluation of effectiveness, photos of installed si a e Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County SCOPE OF WORK Task Number: Task Title: Monitoring Task Cost: $5,250.00 Task Description: 3.1 Bull kelp surveys: Working in collaboration with the Northwest Straits Commission using existing protocols, Whatcom MRC will monitor floating kelp beds at 2-3 locations in Whatcom County, to provide information on the status of floating kelp communities. Surveys will take place during low -tide events between July -September, 2018 and will include the Aiston Preserve site on Lummi Island. 3.2 Forage fish monitoring: Whatcom MRC will participate in a regional effort to characterize populations of the two species of forage fish that spawn on Puget Sound beaches: Pacific sand lance and surf smelt. WA Department of Fish and Wildlife is conducting wide scale surveys and Whatcom MRC will serve as a local partner to support their efforts and expand the impact of the study. Whatcom MRC is also involved with monitoring nearshore restoration projects (Aiston Preserve) and forage fish surveys are part of the monitoring plan at this site. Whatcom MRC will recruit and train volunteers, and use existing protocols to survey at least three priority beaches monthly. Monitoring data will be submitted monthly to WDFW to be included in the regional data base. Locations of forage fish surveys will also be provided for inclusion in Sound IQ. 3.3 Aiston Preserve monitoring: Whatcom MRC will follow a monitoring plan prepared by the Northwest Straits Foundation as part of the Lummi Island Quarry Restoration Project, which will restore and preserve habitat and provide low -impact recreational opportunities through mine reclamation, nearshore restoration, hydrology and stormwater management, and implementation of public use access. The MRC will coordinate volunteers and conduct pre -restoration monitoring, including site photos to document observed changes in habitat; annual large woody debris and beach wrack surveys; and insect fallout surveys during the summer months. Task Goal Statement: 3.1 Bull kelp surveys: The goal of the project is to support a larger regional kelp monitoring program and provide a better understanding of kelp distribution, bed sizes, kelp speciation, and health within the Salish Sea. 3.2 Forage fish monitoring: The goal of forage fish monitoring is to support state wide sampling and to inform the MRCS shoreline restoration projects. 3.3 Aiston Preserve monitoring: The goal of the project is to engage citizen volunteers in monitoring activities; determine the effectiveness of the restoration project; and learn more about the effects of shoreline armoring and installation of structures within the intertidal zone. Task Expected Outcome: 3.1 Bull kelp surveys: Kayak -based surveys will contribute to a georeferenced database of bull kelp distribution, bed sizes, kelp speciation, and health of the beds that can be incorporated into SoundIQ and promote citizen science contributions to regional research. 3.2 Forage fish monitoring: Monthly forage fish surveys will be completed, and collected data will contribute to a georeferenced database of forage fish spawning areas in the Salish Sea. Version 10/30/2015 Page 12 of 33 57 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County 3.3 Aiston Preserve monitoring: Pre -construction monitoring will be conducted to establish baseline conditions as reference for analyzing changes in physical habitat over time. The MRC will recruit at least 10 volunteers to assist with monitoring. Data will be used to evaluate the long-term effects of the restoration project, and document and verify that physical performance standards are met. Recipient Task Coordinator: 3.1-3.2 Eleanor Hines 3.3 Elizabeth Kilanowski Monitoring Deliverables Page 13 of 33 Number Description Due Date 3.1 Bull kelp progress report 01/10/2018 3.2 Bull kelp progress report 04/10/2018 3.3 Bull kelp progress report (including list of anticipated survey dates and volunteers) 07/10/2018 3.4 Bull kelp final report (including location of surveys, Volunteer hours, jpg images, maps of survey areas and copy of data collected 09/30/2018 3.5 Forage fish QAPP O1/10/2018 3.6 Forage fish list of volunteers, photographs of surveys, maps of survey locations, and media articles 09/30/2018 3.7 Forage fish summary report including copy of data 09/30/2018 3.8 Aiston Preserve monitoring QAPP and monitoring plan 01/10/2018 3.9 Aiston Preserve progress report 04/10/2018 3.10 Aiston Preserve progress report 07/10/2018 3.11 Aiston Preserve final report (including list of volunteers and jpg photos, summary of monitoring efforts, copy of monitoring data collected 09/30/2018 Version 10/30/2015 0 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County SCOPE OF WORK Task Number: Task Cost: $3,800.00 Task Title: Chuckanut Pollution Identification and Control Task Description: North Chuckanut Bay is a recreational shellfish area that is been closed due to degraded water quality and concerns about septic systems in the drainage area. Whatcom MRC will work with the Whatcom County Health Department, Whatcom County Public Works, citizen volunteers, and the local community to conduct intensive sampling and community outreach to continue a Pollution Identification and Correction (PIC) project in North Chuckanut Bay. Using existing protocols, Whatcom MRC will conduct routine monitoring for fecal coliform bacteria on a monthly or bi-monthly basis at approximately 12 stations (seven freshwater sampling stations and five marine) throughout the marine and freshwater systems of North Chuckanut Bay. The water sampling will occur monthly from October 2017-March 2018 and bi-weekly April -September 2018; a timeframe when patterns of elevated bacteria levels have historically been documented. The MRC will review data monthly to identify expanded sample sites if needed. Bracketed sampling will continue to try to locate "hotspots". The MRC will also continue targeted outreach to engage community members in actions to improve and protect water quality. Task Goal Statement: The goal of this project is to identify sources of pollutants to guide water quality improvement projects, attain water quality standards, and protect beneficial uses (including recreational shellfish harvesting). Task Expected Outcome: This monitoring will contribute to a robust dataset to characterize bacteria and pollutants in the Chuckanut watershed and improve understanding of the interaction between water quality and healthy shellfish harvest. Recipient Task Coordinator: Atina Casas Chuckanut Pollution Identification and Control Deliverables Page 14 of 33 Number Description Due Date 4.1 Chuckanut PIC QAPP 12/31/2017 4.2 Chuckanut PIC progress report 04/10/2018 4.3 Chuckanut PIC progress report 07/10/2018 4.4 Copy of data collected and water quality summary reports 09/30/2018 4.5 Chuckanut PIC final report 09/30/2018 Version 10/30/2015 59 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County SCOPE OF WORK Task Number: 5 Task Cost: $3,300.00 Task Title: Olympia oyster restoration Task Description: Historic middens indicate past populations of Olympic oysters in North Chuckanut Bay, but none are known to be present today. Seven test plots were previously dentified as suitable to plant seeded cultch. In order to provide information on feasibility of restoration in the seven habitat patches (test plots), Whatcom MRC will spread approximately 95,000 oysters into 2x2 meter plots along identified test plots. The MRC will then develop a monitoring plan to collect a baseline of physical and biological parameter data to determine the status of restoration potential and assess needs for adaptive changes. Task Goal Statement: The long-term goal of the project is to re-establish a native Olympia oyster population in North Chuckanut Bay. For the current year, the goal of the project is to involve local community members in restoration and monitoring, evaluate the potential for habitat creation for other species, and enhance the bio-filtration capacity in the bay for improved water quality. Task Expected Outcome: Permits and a monitoring plan will be in place for the restoration site. Community members will be involved in a citizen science project to monitor habitat suitability for oysters. Potential limiting factors for successful Olympia oyster restoration will be identified. Recipient Task Coordinator: Doug Stark Olympia oyster restoration Deliverables Page 15 of 33 Number Description Due Date 5.1 Olympia oyster monitoring plan and QAPP 01/10/2018 5.2 Olympia oyster progress report 04/10/2018 5.3 Olympia oyster progress report 07/10/2018 5.4 Olympia oyster final report (including jpg photos and observations of test plots, list of volunteers for monitoring, summary report on restoration potential) 09/30/2018 Version 10/30/2015 DOC State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County BUDGET Funding Distribution EG180032 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Effective Date: Funding Source: Title: Type: Funding Source %: Puget Sound Partnership/EPA 2017-18 Funding Type: Grant 10/01/2017 Funding Expiration Date: 09/30/2018 Puget Sound Partnership/EPA 2017-18' Federal 100% Description: This award supports the operations and administration of the Northwest Straits Commission and Marine Resources Committees to build capacity of local ecosystem champions to contribute to the recovery and protection of Puget Sound. Federal Awarding Agency: Puget Sound Partnership Federal Awarding Agency Contact: Karin Berkholtz Federal Awarding Agency Phone: 360-999-3848 Federal Awarding Agency Email: karin.berkholtz@psp.wa.gov Federal Awarding Agency Address: 326 East D Street, Tacoma, WA 98421-1801 CFDA Catalog Name: CFDA Number: FAIN: Research Grant: Federal Award Date: Total Federal Award Amount: Federal Funds Obligated To Recipient: Puget Sound Action Agenda Technical Investigations and Implementation Assistance Program 66.123 CE-OIJ31901 No October 1, 2017 $1,600,000.00 $41,420.00 Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT: 0% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Version 10/30/2015 Page l6 of 33 `•1 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Puget Sound Partnership/EPA 2017-18 Task Total MRC Operations $ 24,350.00 Education and Outreach $ 10,150.00 Monitoring $ 2,920.00 Chuckanut Pollution Identification and Control $ 2,150.00 Olympia oyster restoration $ 1,850.00 Total: $ 41,420.00 Version 10/30/2015 Page 17 of 33 C* State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County BUDGET Funding Distribution EG180046 NOTE: The above funding distribution number is used to identify this specific agreement and budget on payment remittances and may be referenced on other communications from ECOLOGY. Your agreement may have multiple funding distribution numbers to identify each budget. Funding Title: Funding Effective Date: Funding Source: Title: Type: Funding Source %: Description: Washington State 2017-19 10/01/2017 Washington State 2017-19 State 100% Washington State General Fund Funding Type: Grant Funding Expiration Date: 06/30/2018 Approved Indirect Costs Rate: Approved Rate Negotiated Between ECOLOGY and RECIPIENT: 0% Recipient Match %: 0% InKind Interlocal Allowed: No InKind Other Allowed: No Is this Funding Distribution used to match a federal grant? No Washington State 2017-19 Task Total MRC Operations $ 19,150.00 Education and Outreach $ 8,000.00 Monitoring $ 2,330.00 Chuckanut Pollution Identification and Control $ 1,650.00 Olympia oyster restoration $ 1,450.00 Total: $ 32,580.00 Version 10/30/2015 Page 18 of 33 `•D] State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Funding Distribution Summary Recipient / Ecology Share Page 19 of 33 Funding Distribution Name Recipient Match % Recipient Share Ecology Share Total Puget Sound Partnership/EPA 2017-18 0.00 % $ 0.00 $ 41,420.00 $ 41,420.00 Washington State 2017-19 0.00 % $ 0.00 $ 32,580.00 $ 32,580.00 Total $ 0.00 $ 74,000.00 $ 74,000.00 AGREEMENT SPECIFIC TERMS AND CONDITIONS N/A SPECIAL TERMS AND CONDITIONS CREDIT AND ACKNOWLEDGEMENT Reports, documents, signage, videos, or other media, developed as part of projects funded by EPA funded Agreements shall display both the EPA and Puget Sound Partnership logos and the following credit line: "This project has been funded wholly or in part by the United States Environmental Protection Agency under Assistance Agreement [CE-01 J31901 ]. 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." SUB -RECIPIENT FEDERAL REQUIREMENTS 1. INTRODUCTION This contains provisions that are not listed on OMB Standard Form 424B (Rev 4-2012). These provisions apply only to sub -recipients. 2. AUDIT REQUIREMENTS Sub -recipient shall meet the provisions in Office of Management and Budget (OMB) Guidance, Subpart F, §200.501 (Audit Requirements), if the SUB -RECIPIENT expends $750,000 or more in total Federal funds in a fiscal year. The $750,000 threshold for each year is a cumulative total of all federal funding from all sources. The SUB -RECIPIENT shall forward a copy of the audit along with the RECIPIENT'S response and the final corrective action plan to AGENCY within ninety (90) days of the date of the audit report. For complete information on how to accomplish the single audit submissions, visit the Federal Audit Clearinghouse Web site: http://harvester.census.gov/facweb/ 3. COST PRINCIPLES/INDIRECT COSTS FOR STATE AGENCIES SUB -RECIPIENT agrees to comply with the cost principles of 2 CFR 200 Subpart E as appropriate to the award. In addition to the General Terms and Conditions "Indirect Cost Rate Agreements", if the recipient does not have a previously established indirect cost rate, it agrees to prepare and submit its indirect cost rate proposal in accordance with 2 CFR 200 Appendix VII. Version 10/30/2015 Ri State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County 4. CIVIL RIGHTS OBLIGATIONS This term and condition incorporates by reference the signed assurance provided by the recipient's authorized representative on Standard Form 424B. These assurances and this term and condition obligate the recipient to comply fully with applicable civil rights statutes and implementing EPA regulations. 5. CYBERSECURITY CONDITION The sub-recipient(s) must comply with the recipient's requirements (section (b) (1) — EPA must ensure that any connections between the recipient' network or information system and EPA networks used by the recipient to transfer data under this agreement, are secure) if the subrecipients network or information system is connected to EPA networks to transfer data to the Agency using systems other than the Environmental Information Exchange Network or EPA's Central Data Exchange. 6. NON DISCRIMINATION AND DISADVANTAGED, MBE, WBE BUSINESS ENTERPRISES ADDITIONAL REQUIREMENTS SUB -RECIPIENT agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement, contained in 40 CFR, Part 33. SUB -RECIPIENT shall include the following provision in all subcontracts involving use of federal funds: In accordance with 40 CFR 33.106 and its Appendix A, the SUB -RECIPIENT shall not discriminate on the basis of race, color, national origin or sex in the performance of this contract. The SUB -RECIPIENT administration shall carry out applicable requirements of 40 CFR part 33 in the award of contracts awarded under EPA financial assistance agreements. Failure by the SUB -RECIPIENT to carry out these requirements is a material breach of this contract which may result in the termination of this contract or other legally available remedies. 7. DRUG FREE WORKPLACE SUB -RECIPIENT shall make an ongoing, good faith effort to maintain a drug -free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1536 Subpart B. Additionally, in accordance with these regulations, the recipient organization shall identify all known workplaces under its federal award and keep this information on file during the performance of the award. SUB -RECIPIENTS who are individuals must comply with the drug -free provisions set forth in Title 2 CFR Part 1536 SubpartC. The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E. Recipient can access the Code of Federal Regulations (CFR) Title 2 Part 1536 at: http://ecfr.gpoaccess.gov. 8. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS a. In order to comply with the FFATA, the Sub -Recipient shall complete the FFATA Data Collection Form (FFATA Data Collection Form, Exhibit E, Attachment 2) and return it to the AGENCY. The AGENCY will report basic agreement information, including the required DUNS number, for all federally -funded agreements at www.fsrs.gov. This information will be made available to the public at www.usaspending.gov. Sub -Recipients who do not have a DUNS number can find guidance at www.grants.gov. Please note that AGENCY will not pay any invoices until it has received the completed FFATA Data Collection Form. b. To comply with the act and be eligible to enter into this contract, your organization must have a Data Universal Numbering System (DUNS(T) number. A DUNS® number provides a method to verify data about your organization. If you do not already have one, you may receive a DUNS® number free of charge by contacting Dun and Bradstreet at www.dnb.com. c. Any sub -recipient that meets each of the below criteria must also report compensation for its five top executives, using AGENCY's Federal Funding Accountability and Transparency Act (FFATA) Data Collection Form if the Version 10/30/2015 Page 20 of 33 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County sub -recipient meets the following criteria: • Receives more than $25,000 in federal funds under this award. • Receives more than 80 percent of its annual gross revenues from federal funds. • Receives more than $25,000,000 in annual federal funds. • The public does not have access to this information about the compensation of the senior executives of your organization through periodic reports filed under section 13(A) or 15(d) of the Securities and Exchange Act of 1934 (15 U.S.C. 78m(a), 78(d) or section 6104 of the Internal Revenue Code of 1986. See www.fsrs.gov for details of this requirement. If your organization falls into this above category, you must report the required information to AGENCY. 9. INTERNATIONAL TRAVEL (Including Canada) All International Travel must be approved by the Office of International and Tribal Affairs (OITA) BEFORE travel occurs. Even a brief trip to a foreign country, for example to attend a conference, requires OITA approval. Please contact your Partnership Project manager as soon as possible if travel is planned out of the country, including Canada and/or Mexico, so that they can submit a request to the EPA Project Officer if they approve of such travel. 10. LEP (Limited English Proficiency) Title VI As a recipient of EPA financial assistance, you are required by Title VI of the Civil Rights Act to provide meaningful access to LEP individuals. In implementing that requirement, the Sub -recipient agrees to use as a guide the Office of Civil Rights (OCR) document entitled "Guidance to Environmental Protection Agency Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons." The guidance can be found at http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=2004 register&docid=fr25jnO4-79.pdf. In accepting this contract, the recipient acknowledges it has an affirmative obligation to implement effective Title VI compliance programs and ensure that its actions do not involve discriminatory treatment and do not have discriminatory effects even when facially neutral. The recipient must be prepared to demonstrate to EPA/PSP that such compliance programs exist and are being implemented or to otherwise demonstrate how it is meeting its Title VI obligations. For example, if SUB-RECIPIENT's responsibilities under this contract include gathering public input on an environmental issue, SUB -RECIPIENT'S communication with the public should attempt to minimize barriers that interfere with the ability of LEP persons to meaningfully participate. 11. MANAGEMENT FEES Management fees or similar charges in excess of the direct costs and approved indirect rates are not allowable. The term "management fees or similar charges" refers to expenses added to the direct costs in order to accumulate and reserve funds for ongoing business expenses, unforeseen liabilities, or for other similar costs which are not allowable under this CONTRACT. Management fees or similar charges may not be used to improve or expand the project funded under this Agreement, except to the extent authorized as a direct cost of carrying out the scope of work. 12. PEER REVIEW The results of this project may affect management decisions relating to Puget Sound. Prior to finalizing any significant technical products the Principal Investigator (PI) of this project must solicit advice, review, and feedback from a technical review or advisory group consisting of relevant subject matter specialists. A record of comments and a brief description of how respective comments are addressed by the PI will be provided to the Project Monitor prior to releasing any final reports or products resulting from the funded study. 13. REIMBURSEMENT LIMITATION If SUB -RECIPIENT expends more than the amount of the Environmental Protection Agency (EPA) funding in this Version 10/30/2015 Page 21 of 33 «0 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County agreement in anticipation of receiving additional funds from EPA, it does so at its own risk. EPA is not legally obligated to reimburse PSP, nor its sub -recipients, for costs incurred in excess of the EPA approved budget. 14. SEMI-ANNUAL AND ANNUAL PERFORMANCE REPORTS The sub -recipient shall submit performance reports during the life of the project, as specified in the statement of work or work plan developed under this contract. In addition to the periodic performance reports, the recipient shall submit a final performance report, which is due 90 calendar days after the expiration or termination of the award, or as specified in the work plan or statement of work. The report shall be submitted to the Project Officer and may be provided electronically. The report shall generally contain the same information as in the periodic reports, but should cover the entire project period. After completion of the project, the Project Officer may waive the requirement for a final performance report if the Project Officer deems such a report is inappropriate or unnecessary. 15. SIX GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C Pursuant to 40 CFR, Section 33.301, the recipient agrees to make the following good faith efforts whenever procuring construction, equipment, service and supplies under an EPA financial assistance agreement, and to require that sub -recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained: a) Ensure DBEs are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing DBEs on solicitation lists and soliciting whenever they are potential sources. b) Make information on forthcoming opportunities available to DBEs and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation b DBEs in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of 30 calendar days before the bid or proposal closing date. c) Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. For Indian Tribal, State and local Government recipients, this will include dividing total requirements when economically feasible into smaller tasks or quantities to permit maximum participation by DBEs in the competitive process. d) Encourage contracting with a consortium of DBEs when a contract is too large for one of these firms to handle individually. e) Use the services and assistance of the SBA and the Minority Business Development Agency of the Department of Commerce. f) If the prime contractor awards subcontracts, require the prime contractor to take the steps in paragraph (a) through (e) of this section. 16. SUB -AWARDS If SUB -RECIPIENT makes sub -awards under this contract, SUB -RECIPIENT is responsible for selecting its sub-awardees and, if applicable, for conducting sub -award competitions. SUB -RECIPIENT agrees to: a. Establish all sub -award agreements in writing; b. Maintain primary responsibility for ensuring successful completion of the approved project (Sub -Recipient cannot delegate or transfer this responsibility to a sub-awardee); c. Ensure that any sub -awards comply with the standards in Section 210(a)-(d) of OMB Circular A-133, and are not used to acquire commercial goods or services for the sub-awardee; d. Ensure that any sub -awards to 501(c)(4) organizations do not involve lobbying activities; e. Monitor the performance of sub-awardees, and ensure sub-awardees comply with all applicable regulations, statutes, and terms and conditions which flow down in the sub -award; , f. Obtain AGENCY's consent before making a sub -award to a foreign or international organization, or a sub -award Version 10/30/2015 Page 22 of 33 `•t State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County to be performed in a foreign country; and g. Obtain approval from AGENCY for any new sub -award work that is not outlined in the approved work plan in accordance with 40 CFR Parts 30.25 and 31.30, as applicable. 17. TRAFFICKING IN PERSONS AND TRAFFICKING VICTIM PROTECTION ACT OF 2000 (TVPA) AS AMENDED IN 22 U.S.C. 7104(g) This provision applies only to a sub -recipient, and all sub-awardees of sub -recipient, if any. Sub -Recipient shall include the following statement in all sub -awards made to any private entity under this Agreement. "You as the sub -recipient, your employees, sub-awardees under this award, and sub-awardees' employees may not engage in severe forms of trafficking in persons during the period of time that the award is in effect; procure a commercial sex act during the period of time that the award is in effect; or use forced labor in the performance of the award or sub -awards under this Award." Sub -recipient, and all sub-awardees of sub -recipient must inform AGENCY immediately of any information you receive from any source alleging a violation of this prohibition during the award term. Federal agency funding this agreement may unilaterally terminate, without penalty, the funding award if this prohibition is violated, Section 106 of the Trafficking Victims Protection Act of 2000, as amended. 18. UNLIQUIDATED OBLIGATIONS (ULO) Sub -recipients, and all sub-awardees of sub -recipients, if any, should manage their agreement and subaward funding in ways that reduce the length of time that federal funds obligated and committed to subaward projects are unspent (not yet drawn down through disbursements to sub -recipients and sub-awardees). GENERAL FEDERAL CONDITIONS If a portion or all of the funds for this agreement are provided through federal funding sources or this agreement is used to match a federal grant award, the following terms and conditions apply to you. Page 23 of 33 A. CERTIFICATION REGARDING SUSPENSION DEBARMENT INELIGIBILITY OR VOLUNTARY EXCLUSION: 1. The RECIPIENT/CONTRACTOR, by signing this agreement, certifies that it is not suspended, debarred, proposed for debarment, declared ineligible or otherwise excluded from contracting with the federal government, or from receiving contracts paid for with federal funds. If the RECIPIENT/CONTRACTOR is unable to certify to the statements contained in the certification, they must provide an explanation as to why they cannot. 2. The RECIPIENT/CONTRACTOR shall provide immediate written notice to ECOLOGY if at any time the RECIPIENT/CONTRACTOR learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact ECOLOGY for assistance in obtaining a copy of those regulations. 4. The RECIPIENT/CONTRACTOR agrees it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under the applicable Code of Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction. 5. The RECIPIENT/CONTRACTOR further agrees by signing this agreement, that it will include this clause titled "CERTIFICATION REGARDING SUSPENSION, DEBARMENT, INELIGIBILITY OR VOLUNTARY EXCLUSION" without modification in all lower tier covered transactions and in all solicitations for lower tier covered transactions. Pursuant to 2CFRI80.330, the RECIPIENT/CONTRACTOR is responsible for ensuring that any lower tier covered transaction complies with certification of suspension and debarment requirements. Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 24 of 33 7. RECIPIENT/CONTRACTOR acknowledges that failing to disclose the information required in the Code of Federal Regulations may result in the delay or negation of this funding agreement, or pursuance of legal remedies, including suspension and debarment. 8. RECIPIENT/CONTRACTOR agrees to keep proof in its agreement file, that it, and all lower tier recipients or contractors, are not suspended or debarred, and will make this proof available to ECOLOGY before requests for reimbursements will be approved for payment. RECIPIENT/CONTRACTOR must run a search in <Iiap://www.sam.gov> and print a copy of completed searches to document proof of compliance. B. FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA) REPORTING REQUIREMENTS: CONTRACTOR/RECIPIENT must complete the FFATA Data Collection Form (ECY 070-395) and return it with the signed agreement to ECOLOGY. Any CONTRACTOR/RECIPIENT that meets each of the criteria below must report compensation for its five top executives using the FFATA Data Collection Form. Receives more than $25,000 in federal funds under this award. Receives more than 80 percent of its annual gross revenues from federal funds. Receives more than $25,000,000 in annual federal funds. Ecology will not pay any invoices until it has received a completed and signed FFATA Data Collection Form. Ecology is required to report the FFATA information for federally funded agreements, including the required DUNS number, at www.fsrs.gov <httR://www.fsrs.gov/> within 30 days of agreement signature. The FFATA information will be available to the public at www usaspending_gov <hqp://www.usaspending.gov/>. For more details on FFATA requirements, see www.fsrs.,gov <hltp//www.fsrs.gov/>. Version 10/30/2015 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County GENERAL TERMS AND CONDITIONS Pertaining to Grant and Loan Agreements With the state of Washington, Department of Ecology 1. ADMINISTRATIVE REQUIREMENTS a) RECIPIENT shall follow the "Administrative Requirements for Recipients of Ecology Grants and Loans — EAGL Edition." https://fortress.wa.gov/ecy/publications/SummaryPages/1401002.html b) RECIPIENT shall complete all activities funded by this Agreement and be fully responsible for the proper management of all funds and resources made available under this Agreement. c) RECIPIENT agrees to take complete responsibility for all actions taken under this Agreement, including ensuring all subgrantees and contractors comply with the terms and conditions of this Agreement. ECOLOGY reserves the right to request proof of compliance by subgrantees and contractors. d) RECIPIENT's activities under this Agreement shall be subject to the review and approval by ECOLOGY for the extent and character of all work and services. Page 25 of 33 2. AMENDMENTS AND MODIFICATIONS This Agreement may be altered, amended, or waived only by a written amendment executed by both parties. No subsequent modification(s) or amendment(s) of this Agreement will be of any force or effect unless in writing and signed by authorized representatives of both parties. ECOLOGY and the RECIPIENT may change their respective staff contacts and administrative information without the concurrence of either party. 3. ARCHAEOLOGICAL AND CULTURAL RESOURCES RECIPIENT shall take reasonable action to avoid, minimize, or mitigate adverse effects to archeological and historic resources. The RECIPIENT must agree to hold harmless the State of Washington in relation to any claim related to historical or cultural artifacts discovered, disturbed, or damaged due to the RECIPIENT's project funded under this Agreement. RECIPIENT shall: a) Contact the ECOLOGY Program issuing the grant or loan to discuss any Cultural Resources requirements for their project: For capital construction projects or land acquisitions for capital construction projects, if required, comply with Governor Executive Order 05-05, Archaeology and Cultural Resources. • For projects with any federal involvement, if required, comply with the National Historic Preservation Act. • Any cultural resources federal or state requirements must be completed prior to the start of any work on the project site. b) If required by the ECOLOGY Program, submit an Inadvertent Discovery Plan (IDP) to ECOLOGY prior to implementing any project that involves ground disturbing activities. ECOLOGY will provide the IDP form. RECIPIENT shall: • Keep the IDP at the project site. • Make the IDP readily available to anyone working at the project site. • Discuss the IDP with staff and contractors working at the project site. • Implement the IDP when cultural resources or human remains are found at the project site. c) If any archeological or historic resources are found while conducting work under this Agreement: • Immediately stop work and notify the ECOLOGY Program, the Department of Archaeology and Historic Preservation at (360) 586-3064, any affected Tribe, and the local government. d) If any human remains are found while conducting work under this Agreement: • Immediately stop work and notify the local Law Enforcement Agency or Medical Examiner/Coroner's Office, and then the ECOLOGY Program. Version 10/30/2015 all State of Washington Department of Ecology Page 26 of 33 Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County e) Comply with RCW 27.53, RCW 27.44.055, and RCW 68.50.645, and all other applicable local, state, and federal laws protecting cultural resources and human remains. 4. ASSIGNMENT No right or claim of the RECIPIENT arising under this Agreement shall be transferred or assigned by the RECIPIENT. 5. COMMUNICATION RECIPIENT shall make every effort to maintain effective communications with the RECIPIENT's designees, ECOLOGY, all affected local, state, or federal jurisdictions, and any interested individuals or groups. 6. COMPENSATION a) Any work performed prior to effective date of this Agreement will be at the sole expense and risk of the RECIPIENT. ECOLOGY must sign the Agreement before any payment requests can be submitted. b) Payments will be made on a reimbursable basis for approved and completed work as specified in this Agreement. c) RECIPIENT is responsible to determine if costs are eligible. Any questions regarding eligibility should be clarified with ECOLOGY prior to incurring costs. Costs that are conditionally eligible require approval by ECOLOGY prior to expenditure. d) RECIPIENT shall not invoice more than once per month unless agreed on by ECOLOGY. e) ECOLOGY will not process payment requests without the proper reimbursement forms, Progress Report and supporting documentation. ECOLOGY will provide instructions for submitting payment requests. f) ECOLOGY will pay the RECIPIENT thirty (30) days after receipt of a properly completed request for payment. g) RECIPIENT will receive payment through Washington State Department of Enterprise Services' Statewide Payee Desk. RECIPIENT must register as a payee by submitting a Statewide Payee Registration form and an IRS W-9 form at the website, http://www.des.wa.gov/services/ContractingPurchasing/Business/VendorPay/Pages/default.aspx. For any questions about the vendor registration process contact the Statewide Payee Help Desk at (360) 407-8180 or email payeehelpdesk@watech.wa.gov. h) ECOLOGY may, at its sole discretion, withhold payments claimed by the RECIPIENT if the RECIPIENT fails to satisfactorily comply with any term or condition of this Agreement. i) Monies withheld by ECOLOGY may be paid to the RECIPIENT when the work described herein, or a portion thereof, has been completed if, at ECOLOGY's sole discretion, such payment is reasonable and approved according to this Agreement, as appropriate, or upon completion of an audit as specified herein. j) RECIPIENT should submit final requests for compensation within thirty (30) days after the expiration date of this Agreement. Failure to comply may result in delayed reimbursement. 7. COMPLIANCE WITH ALL LAWS RECIPIENT agrees to comply fully with all applicable federal, state and local laws, orders, regulations, and permits related to this Agreement, including but not limited to: a) RECIPIENT agrees to comply with all applicable laws, regulations, and policies of the United States and the State of Washington which affect wages and job safety. b) RECIPIENT agrees to be bound by all applicable federal and state laws, regulations, and policies against discrimination. c) RECIPIENT certifies full compliance with all applicable state industrial insurance requirements. d) RECIPIENT agrees to secure and provide assurance to ECOLOGY that all the necessary approvals and permits required by authorities having jurisdiction over the project are obtained. RECIPIENT must include time in their project timeline for the permit and approval processes. ECOLOGY shall have the right to immediately terminate for cause this Agreement as provided herein if the RECIPIENT fails to comply with above requirements. Version 10/30/2015 71 State of Washington Department of Ecology Page 27 of 33 Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 8. CONFLICT OF INTEREST RECIPIENT and ECOLOGY agree that any officer, member, agent, or employee, who exercises any function or responsibility in the review, approval, or carrying out of this Agreement, shall not have any personal or financial interest, direct or indirect, nor affect the interest of any corporation, partnership, or association in which he/she is a part, in this Agreement or the proceeds thereof. 9. CONTRACTING FOR GOODS AND SERVICES RECIPIENT may contract to buy goods or services related to its performance under this Agreement. RECIPIENT shall award all contracts for construction, purchase of goods, equipment, services, and professional architectural and engineering services through a competitive process, if required by State law. RECIPIENT is required to follow procurement procedures that ensure legal, fair, and open competition. RECIPIENT must have a standard procurement process or follow current state procurement procedures. RECIPIENT may be required to provide written certification that they have followed their standard procurement procedures and applicable state law in awarding contracts under this Agreement. ECOLOGY reserves the right to inspect and request copies of all procurement documentation, and review procurement practices related to this Agreement. Any costs incurred as a result of procurement practices not in compliance with state procurement law or the RECIPIENT's normal procedures may be disallowed at ECOLOGY's sole discretion. 10. DISPUTES When there is a dispute with regard to the extent and character of the work, or any other matter related to this Agreement the determination of ECOLOGY will govern, although the RECIPIENT shall have the right to appeal decisions as provided for below: a) RECIPIENT notifies the funding program of an appeal request. b) Appeal request must be in writing and state the disputed issue(s). c) RECIPIENT has the opportunity to be heard and offer evidence in support of its appeal. d) ECOLOGY reviews the RECIPIENT's appeal. e) ECOLOGY sends a written answer within ten (10) business days, unless more time is needed, after concluding the review. The decision of ECOLOGY from an appeal will be final and conclusive, unless within thirty (30) days from the date of such decision, the RECIPIENT furnishes to the Director of ECOLOGY a written appeal. The decision of the Director or duly authorized representative will be final and conclusive. The parties agree that this dispute process will precede any action in a judicial or quasi-judicial tribunal. Appeals of the Director's decision will be brought in the Superior Court of Thurston County. Review of the Director's decision will not be taken to Environmental and Land Use Hearings Office. Pending final decision of a dispute, the RECIPIENT agrees to proceed diligently with the performance of this Agreement and in accordance with the decision rendered. Nothing in this Agreement will be construed to limit the parties' choice of another mutually acceptable method, in addition to the dispute resolution procedure outlined above. 11. ENVIRONMENTAL DATA STANDARDS a) RECIPIENT shall prepare a Quality Assurance Project Plan (QAPP) for each project that collects or uses environmental measurement data. RECIPIENTS unsure about whether a QAPP is required for their project shall contact the ECOLOGY Program issuing the grant or loan. If a QAPP is required the RECIPIENT shall: • Use ECOLOGY's QAPP Template provided by the ECOLOGY Program. Version 10/30/2015 72 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 28 of 33 • Follow ECOLOGY's Guidelines for Preparing Quality Assurance Project Plans for Environmental Studies, July 2004 (Ecology Publication No. 04-03-030). • Submit the QAPP to ECOLOGY for review and approval before the start of the work. b) RECIPIENT shall submit environmental data that was collected on a project to ECOLOGY using the Environmental Information Management system (EIM), unless the ECOLOGY Program instructs otherwise. The data must be successfully loaded into EIM, find instructions at: http://www.ecy.wa.gov/eim. c) RECIPIENT shall follow ECOLOGY's data standards when Geographic Information System (GIS) data is collected and processed. Guidelines for Creating and Accessing GIS Data are available at: http://www.ecy.wa.gov/services/gis/data/standards/standards.htm. RECIPIENT, when requested by ECOLOGY, shall provide copies to ECOLOGY of all final GIS data layers, imagery, related tables, raw data collection files, map products, and all metadata and project documentation. 12. GOVERNING LAW This Agreement will be governed by the laws of the State of Washington, and the venue of any action brought hereunder will be in the Superior Court of Thurston County. 13. INDEMNIFICATION ECOLOGY will in no way be held responsible for payment of salaries, consultant's fees, and other costs related to the project described herein, except as provided in the Scope of Work. To the extent that the Constitution and laws of the State of Washington permit, each party will indemnify and hold the other harmless from and against any liability for any or all injuries to persons or property arising from the negligent act or omission of that party or that party's agents or employees arising out of this Agreement. 14. INDEPENDENT STATUS The employees, volunteers, or agents of each party who are engaged in the performance of this Agreement will continue to be employees, volunteers, or agents of that party and will not for any purpose be employees, volunteers, or agents of the other party. 15. KICKBACKS RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved in this Agreement to give up any part of the compensation to which he/she is otherwise entitled to or receive any fee, commission, or gift in return for award of a subcontract hereunder. 16. MINORITY AND WOMEN'S BUSINESS ENTERPRISES (MWBE) RECIPIENT is encouraged to solicit and recruit, to the extent possible, certified minority -owned (MBE) and women -owned (WBE) businesses in purchases and contracts initiated under this Agreement. Contract awards or rejections cannot be made based on MWBE participation; however, the RECIPIENT is encouraged to take the following actions, when possible, in any procurement under this Agreement: a) Include qualified minority and women's businesses on solicitation lists whenever they are potential sources of goods or services. b) Divide the total requirements, when economically feasible, into smaller tasks or quantities, to permit maximum participation by qualified minority and women's businesses. c) Establish delivery schedules, where work requirements permit, which will encourage participation of qualified minority and women's businesses. d) Use the services and assistance of the Washington State Office of Minority and Women's Business Enterprises (OMWBE) (866-208-1064) and the Office of Minority Business Enterprises of the U.S. Department of Commerce, as appropriate. Version 10/30/2015 a9l State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County 17. ORDER OF PRECEDENCE In the event of inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: (a) applicable federal and state statutes and regulations; (b) The Agreement; (c) Scope of Work; (d) Special Terms and Conditions; (e) Any provisions or terms incorporated herein by reference, including the "Administrative Requirements for Recipients of Ecology Grants and Loans"; and (f) the General Terms and Conditions. 18. PRESENTATION AND PROMOTIONAL MATERIALS ECOLOGY reserves the right to approve RECIPIENT's communication documents and materials related to the fulfillment of this Agreement: a) If requested, RECIPIENT shall provide a draft copy to ECOLOGY for review and approval ten (10) business days prior to production and distribution. b) RECIPIENT shall include time for ECOLOGY's review and approval process in their project timeline. c) If requested, RECIPIENT shall provide ECOLOGY two (2) final copies and an electronic copy of any tangible products developed. Copies include any printed materials, and all tangible products developed such as brochures, manuals, pamphlets, videos, audio tapes, CDs, curriculum, posters, media announcements, or gadgets with a message, such as a refrigerator magnet, and any online communications, such as web pages, blogs, and twitter campaigns. If it is not practical to provide a copy, then the RECIPIENT shall provide a description (photographs, drawings, printouts, etc.) that best represents the item. Any communications intended for public distribution that uses ECOLOGY's logo shall comply with ECOLOGY's graphic requirements and any additional requirements specified in this Agreement. Before the use of ECOLOGY's logo contact ECOLOGY for guidelines. RECIPIENT shall acknowledge in the communications that funding was provided by ECOLOGY. Page 29 of 33 19. PROGRESS REPORTING a) RECIPIENT must satisfactorily demonstrate the timely use of funds by submitting payment requests and progress reports to ECOLOGY. ECOLOGY reserves the right to amend or terminate this Agreement if the RECIPIENT does not document timely use of funds. b) RECIPIENT must submit a progress report with each payment request. Payment requests will not be processed without a progress report. ECOLOGY will define the elements and frequency of progress reports. c) RECIPIENT shall use ECOLOGY's provided progress report format. d) Quarterly progress reports will cover the periods from January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31. Reports shall be submitted within thirty (30) days after the end of the quarter being reported. e) RECIPIENT shall submit the Closeout Report within thirty (30) days of the expiration date of the project, unless an extension has been approved by ECOLOGY. RECIPIENT shall use the ECOLOGY provided closeout report format. 20. PROPERTY RIGHTS a) Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or invents any patentable property under this Agreement, the RECIPIENT may copyright or patent the same but ECOLOGY retains a royalty free, nonexclusive, and irrevocable license to reproduce, publish, recover, or otherwise use the material(s) or property, and to authorize others to use the same for federal, state, or local government purposes. b) Publications. When the RECIPIENT or persons employed by the RECIPIENT use or publish ECOLOGY information; present papers, lectures, or seminars involving information supplied by ECOLOGY; or use logos, reports, maps, or other data in printed reports, signs, brochures, pamphlets, etc., appropriate credit shall be given to ECOLOGY. Version 10/30/2015 74 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 30 of 33 c) Presentation and Promotional Materials. ECOLOGY shall have the right to use or reproduce any printed or graphic materials produced in fulfillment of this Agreement, in any manner ECOLOGY deems appropriate. ECOLOGY shall acknowledge the RECIPIENT as the sole copyright owner in every use or reproduction of the materials. d) Tangible Property Rights. ECOLOGY's current edition of "Administrative Requirements for Recipients of Ecology Grants and Loans," shall control the use and disposition of all real and personal property purchased wholly or in part with funds furnished by ECOLOGY in the absence of state and federal statutes, regulations, or policies to the contrary, or upon specific instructions with respect thereto in this Agreement. e) Personal Property Furnished by ECOLOGY. When ECOLOGY provides personal property directly to the RECIPIENT for use in performance of the project, it shall be returned to ECOLOGY prior to final payment by ECOLOGY. If said property is lost, stolen, or damaged while in the RECIPIENT's possession, then ECOLOGY shall be reimbursed in cash or by setoff by the RECIPIENT for the fair market value of such property. f) Acquisition Projects. The following provisions shall apply if the project covered by this Agreement includes funds for the acquisition of land or facilities: 1. RECIPIENT shall establish that the cost is fair value and reasonable prior to disbursement of funds provided for in this Agreement. 2. RECIPIENT shall provide satisfactory evidence of title or ability to acquire title for each parcel prior to disbursement of funds provided by this Agreement. Such evidence may include title insurance policies, Torrens certificates, or abstracts, and attorney's opinions establishing that the land is free from any impediment, lien, or claim which would impair the uses intended by this Agreement. g) Conversions. Regardless of the Agreement expiration date, the RECIPIENT shall not at any time convert any equipment, property, or facility acquired or developed under this Agreement to uses other than those for which assistance was originally approved without prior written approval of ECOLOGY. Such approval may be conditioned upon payment to ECOLOGY of that portion of the proceeds of the sale, lease, or other conversion or encumbrance which monies granted pursuant to this Agreement bear to the total acquisition, purchase, or construction costs of such property. 21. RECORDS, AUDITS, AND INSPECTIONS RECIPIENT shall maintain complete program and financial records relating to this Agreement, including any engineering documentation and field inspection reports of all construction work accomplished. All records shall: a) Be kept in a manner which provides an audit trail for all expenditures. b) Be kept in a common file to facilitate audits and inspections. c) Clearly indicate total receipts and expenditures related to this Agreement. d) Be open for audit or inspection by ECOLOGY, or by any duly authorized audit representative of the State of Washington, for a period of at least three (3) years after the final grant payment or loan repayment, or any dispute resolution hereunder. RECIPIENT shall provide clarification and make necessary adjustments if any audits or inspections identify discrepancies in the records. ECOLOGY reserves the right to audit, or have a designated third party audit, applicable records to ensure that the state has been properly invoiced. Any remedies and penalties allowed by law to recover monies determined owed will be enforced. Repetitive instances of incorrect invoicing or inadequate records may be considered cause for termination. All work performed under this Agreement and any property and equipment purchased shall be made available to ECOLOGY and to any authorized state, federal or local representative for inspection at any time during the course of this Agreement and for at least three (3) years following grant or loan termination or dispute resolution hereunder. RECIPIENT shall provide right of access to ECOLOGY, or any other authorized representative, at all reasonable times, in order to monitor and evaluate performance, compliance, and any other conditions under this Agreement. Version 10/30/2015 75 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County Page 31 of 33 22. RECOVERY OF FUNDS The right of the RECIPIENT to retain monies received as reimbursement payments is contingent upon satisfactory performance of this Agreement and completion of the work described in the Scope of Work. All payments to the RECIPIENT are subject to approval and audit by ECOLOGY, and any unauthorized expenditure(s) or unallowable cost charged to this Agreement shall be refunded to ECOLOGY by the RECIPIENT. RECIPIENT shall refund to ECOLOGY the full amount of any erroneous payment or overpayment under this Agreement. RECIPIENT shall refund by check payable to ECOLOGY the amount of any such reduction of payments or repayments within thirty (30) days of a written notice. Interest will accrue at the rate of twelve percent (12%) per year from the time ECOLOGY demands repayment of funds. Any property acquired under this Agreement, at the option of ECOLOGY, may become ECOLOGY's property and the RECIPIENT's liability to repay monies will be reduced by an amount reflecting the fair value of such property. 23. 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, and to this end the provisions of this Agreement are declared to be severable. 24. STATE ENVIRONMENTAL POLICY ACT (SEPA) RECIPIENT must demonstrate to ECOLOGY's satisfaction that compliance with the requirements of the State Environmental Policy Act (Chapter 43.21C RCW and Chapter 197-11 WAC) have been or will be met. Any reimbursements are subject to this provision. 25. SUSPENSION When in the best interest of ECOLOGY, ECOLOGY may at any time, and without cause, suspend this Agreement or any portion thereof for a temporary period by written notice from ECOLOGY to the RECIPIENT. RECIPIENT shall resume performance on the next business day following the suspension period unless another day is specified by ECOLOGY. 26. SUSTAINABLE PRACTICES In order to sustain Washington's natural resources and ecosystems, the RECIPIENT is fully encouraged to implement sustainable practices and to purchase environmentally preferable products under this Agreement. a) Sustainable practices may include such activities as: use of clean energy, use of double -sided printing, hosting low impact meetings, and setting up recycling and composting programs. b) Purchasing may include such items as: sustainably produced products and services, EPEAT registered computers and imaging equipment, independently certified green cleaning products, remanufactured toner cartridges, products with reduced packaging, office products that are refillable, rechargeable, and recyclable, and 100% post -consumer recycled paper. For more suggestions visit ECOLOGY's web page: Green Purchasing, http://www.ecy.wa.gov/programs/swfa/epp. 27. TERMINATION a) For Cause ECOLOGY may terminate for cause this Agreement with a seven (7) calendar days prior written notification to the RECIPIENT, at the sole discretion of ECOLOGY, for failing to perform an Agreement requirement or for a material breach of any term or condition. 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. Failure to Commence Work. ECOLOGY reserves the right to terminate this Agreement if RECIPIENT fails to commence work on the project funded within four (4) months after the effective date of this Agreement, or by any date Version 10/30/2015 Q•J State of Washington Department of Ecology Page 32 of 33 Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County mutually agreed upon in writing for commencement of work, or the time period defined within the Scope of Work. Non -Performance. The obligation of ECOLOGY to the RECIPIENT is contingent upon satisfactory performance by the RECIPIENT of all of its obligations under this Agreement. In the event the RECIPIENT unjustifiably fails, in the opinion of ECOLOGY, to perform any obligation required of it by this Agreement, ECOLOGY may refuse to pay any further funds, terminate in whole or in part this Agreement, and exercise any other rights under this Agreement. Despite the above, the RECIPIENT shall not be relieved of any liability to ECOLOGY for damages sustained by ECOLOGY and the State of Washington because of any breach of this Agreement by the RECIPIENT. ECOLOGY may withhold payments for the purpose of setoff until such time as the exact amount of damages due ECOLOGY from the RECIPIENT is determined. b) For Convenience ECOLOGY may terminate for convenience this Agreement, in whole or in part, for any reason when it is the best interest of ECOLOGY, with a thirty (30) calendar days prior written notification to the RECIPIENT, except as noted below. 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. Non -Allocation of Funds. ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from state, federal or other sources is withdrawn, reduced, or limited in any way after the effective date and prior to the completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate the Agreement, in whole or part, or renegotiate the Agreement, subject to new funding limitations or conditions. ECOLOGY may also elect to suspend performance of the Agreement until ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these options with no notification or restrictions, although ECOLOGY will make a reasonable attempt to provide notice. In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the recipient/contractor through the effective date of termination or suspension. Reimbursed costs must be agreed to by ECOLOGY and the recipient/contractor. In no event shall ECOLOGY's reimbursement exceed ECOLOGY's total responsibility under the agreement and any amendments. If payments have been discontinued by ECOLOGY due to unavailable funds, the RECIPIENT shall not be obligated to repay monies which had been paid to the RECIPIENT prior to such termination. RECIPIENT's obligation to continue or complete the work described in this Agreement shall be contingent upon availability of funds by the RECIPIENT's governing body. c) By Mutual Agreement ECOLOGY and the RECIPIENT may terminate this Agreement, in whole or in part, at any time, by mutual written agreement. d) In Event of Termination All finished or unfinished documents, data studies, surveys, drawings, maps, models, photographs, reports or other materials prepared by the RECIPIENT under this Agreement, at the option of ECOLOGY, will become property of ECOLOGY and the RECIPIENT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. Nothing contained herein shall preclude ECOLOGY from demanding repayment of all funds paid to the RECIPIENT in accordance with Recovery of Funds, identified herein. 28. THIRD PARTY BENEFICIARY Version 10/30/2015 77 State of Washington Department of Ecology Agreement No: SEANWS-2017-WhCoPW-00004 Project Title: Whatcom Marine Resources Committee Operation and Projects Recipient Name: Whatcom County RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this Agreement, the state of Washington is named as an express third party beneficiary of such subcontracts with full rights as such. 29. WAIVER Waiver of a default or breach of any provision of this Agreement is not a waiver of any subsequent default or breach, and will not be construed as a modification of the terms of this Agreement unless stated as such in writing by the authorized representative of ECOLOGY. GENERAL TERMS AND CONDITIONS LAST UPDATED 05/11/2017 Version 10/30/2015 Page 33 of 33 a:] WHATCOM COUNTY: Recommended for Approval: Department Di tor' Date A roved as to form: e o � 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 _, 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 Contract for Services Agreement [Insert more specific appellation] Page 2 V2.0 79 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 7017 068 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Various See "Summary" Below Division Head: Dept. Head: Pi-osecutoi-: Pur-chasing/Budget: Executive: TITLE OF DOCUMENT: Departmental Updates to Council ATTACHMENTS: SEPA review required? ( ) Yes ( ) 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 languagefor use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) Council Reporfin2 Schedule - 2017 2/21/2017: Public Works, Health & Safety - Public Works 3/7/2017:: Finance & Admin Services - HR & Finance / Public Works, Health & Safety - Sheriff's Office 3/21/2017: Finance & Admin Services -Info Technology - Natural Resources - WSU Ext. 4/4/2017: Planning & Development - PDS 5/2/2017: Public Works, Health & Safety - Public Defender 5/16/2017: Finance & Admin Services - Finance / Public Works, Health & Safety - District Court Probation 5/30/2017: Natural Resources - Parks & Recreation / Finance & Admin Services - Prosecuting Attorney 6/13/2017: Public Works, Health & Safety - Juvenile Court 6/27/2017: Public Works, Health & Safety - Public Works 7/11/2017: Finance & Admin Services - Facilities 7/25/2017: Public Works, Health & Safety - District Court 8/8/2017: Finance & Admin Services - IT 9/12/2017: Public Works, Health & Safety - Public Works / Finance & Admin Services - HR/Finance 9/26/2017: Planning & Development - PDS 10/10/2017: Public Works, Health & Safety - Superior Court 10/24/2017: Natural Resources - Parks & Recreation 11/8/2017: Public Works, Health & Safety - Public Works / Finance & Admin Services - Facilities 11/21/2017: Finance & Admin Services - Finance 12/5/2017: Finance & Admin Services - IT 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. tit WHATCOM COUNTY COUNCIL AGENDA BILL NO 2017-294 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JPR 912712017 _ ryry 03 017 q y TY qv 1011012017 Public Works Committee & Intro. Division Head: JPR 912712017 1012412017 Public Hearing/Adoption Dept. Head: q Prosecutor: Purchasing/Budget: Executive: TITLE OF DOCUMENT.- 2018 Annual Road Construction Program (ACP) Resolution. ATTACHMENTS: 1. Memo to County Executive and Council 3. 2018 Annual Construction Program (ACP) 2. Resolution 4. Summary Sheets or Projects Funded in 2018 SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 1012412017 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.) Resolution adopting the Whatcom County 2018 Annual Construction Program (ACP). The ACP is an integral part of the County budget process and reflects the first year of the adopted 2018-2023 Six Year Road Capital Construction Program. II COMMITTEE ACTION.• 11 Related County Contract #: COUNCIL ACTION: 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. N. WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director Joseph P. Rutan, P.E. Donn coal County Engineer/Assistant Director 322 N. Commercial Street, Ste 301 Bellingham, WA 98225-4042 �ySMNGp� Phone: (360) 778-6210 Fax: (360) 778-6211 Memorandum To: The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council Through: Jon Hutchings, Director', From: Joseph P. Rutan, P.E., County Engineer/Assistant Director/ Date: September 27, 2017 Re: 2018 Annual Construction Program (ACP) Requested Action: Public Works Committee work session and Introduction on October 10, 2018, followed by a Public Hearing and adoption on October 24, 2017. Background and Purpose: RCW 36.81.130 requires the adoption of the Annual Construction Program (ACP). Adoption of this program is an element of the County budget process. This ACP is identical to the 15Y year of the Six Year Transportation Improvement Program (STIP) approved on September 26, 2017. Information: A proposed resolution is enclosed for your consideration. In addition, each project that has funding available in 2018 has a project summary sheet for your review. If you have questions or require additional information, please contact me at the number provided above. PROPOSED BY: PUBLIC WORKS INTRODUCTION DATE: 10/10/2017 RESOLUTION NO. RESOLUTION APPROVING THE WHATCOM COUNTY 2018 ANNUAL CONSTRUCTION PROGRAM WHEREAS, pursuant to RCW 36.81.130, the Whatcom County Engineer did file with the Whatcom County Council a recommended plan for laying out, construction, maintenance and special maintenance of County roads for the fiscal year of 2018: and, WHEREAS, the Whatcom County Council held a public meeting on the 261" day of September, 2017, and has considered the testimony given as well as the recommended plan; and, WHEREAS, the Whatcom County Council had determined that said plan is necessary as nearly as practicable to the Whatcom County 2018-2023 Six -Year Transportation Program, approved by Resolution 2017-040 on September 26, 2017. NOW, THEREFORE, BE IT RESOLVED that the 2018 Whatcom County Annual Construction Program is hereby approved as shown on the attachment hereto; and BE IT FURTHER RESOLVED that no changes be made in the program without the unanimous vote of the Whatcom County Council; and BE IT FINALLY RESOLVED that the 2018 Annual Construction Program be filed with the Director of Highways of the State of Washington. APPROVED this day of 12017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Dan Gibson, Chief Civil Deputy Prosecutor Barry Buchanan, Chair of the Council m - mod N ._ .0 £aE N O= 9z 0 c _ C O U 1°i w 0 0 ' 2 2 £ 0w ° r C i0 OG V d U n o G E U $ W W n w v O Q w ° Tn U M n 9 G LL � N y L g IS ° Q c5 N C y ol U lo i$ r iz E E �0 ° m W uj tm O 3 m N �t C � U 4 E a a ¢ a o C Q a d � ovoio o vio a w ,� o .- v o M ovo ono rn corner n n c a ° o 0 8. o M o M W �wE v c>w �B` E �'� Ew cO EK uu u v v ° m m,o`�d C'° mom �w X ica ?yam >d Nv3 N c ui�� wE +O p ^}LL a°'rc �a Eo w� Ea� � Eon E`°� Eat EEE Em` Eya E ^xo _} £ =-�o z�� =x= _�� Zoo =�? Zw EZ oho oho o?o Bic B?o oho B?o B'6 » « KLL1- O: LLI- to KH LL CLL1- KLLF KLLI- KLLr a'LLF KLLI- uUY _ O�Z EEO s o 'waL « O Q. 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N -cK J c ro E. ww o '3 m m0 n oa o m o mn�o E my N? u� v u�a tt� 3 mw'o «� m y '_ m o ro c a m` r a a v m in v a c rn a m a m` rna 2 u m m v_ a `" t0 `° a # •- n v n .- m a .r ° a; ° E u E c o E u c.> E 6 ` z m a z E z v a a _ Y I� C N O 4� 7 co 85 m m O N 00 N 0 W w Whatcom County Public Works Project Narrative Birch Bay Drive and Pedestrian Facility CRP #907001 Construction Funding Year(s): 2017 / 2018 / 2019 Project Narrative: This project is located parallel to Birch Bay Drive from Cedar Avenue to the mouth of Terrell Creek, in Sections 30 and 31, T40N, R1 E, and Sections 24 and 25, T40N, R1 W. 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 2018-2023 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 (95% complete), permitting is 85% complete, 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: $2,800,000 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) $1,500,000 County Forces (Estimate) N/A M a_Mh�P _Rd. CO Anderson: Rd_ e Birct i 8�, 6 m Cottonwood Beach Birch Bay l_ynden Rd. Rd. C (D or � T x 0 N Y Bay Rd. rats co ny m 1 ' Kt SR 548 87 Whatcom County Public Works Project Narrative Lake Whatcom Boulevard, Phase II Water Quality Improvements CRP # 915009 Construction Funding Year(s): 2023 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 #R2 on the 2018-2023 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) $50,000 County Forces (Estimate) $10,000 SILVER BEACH Rd. v � e i i SUDDEN GALBRAITH mTN VALLEY �U9'd�VY�iti� 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 and intersection with N.W. Drive, along with all the associated permitting, storm water and R/W issues. This project is listed #R3 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Design, right-of-way, and permitting to begin in 2017 with Surface Transportation Program (STP) Grant awarded to Whatcom County and transferred to the City of Bellingham. An interlocal agreement is in place for the City of Bellingham to perform design of the project in coordination with their section of Horton Road construction. Construction schedule dependent upon funding agreements with City of Bellingham and other sources. Total Estimated Project Cost: TBD Expenditures to Date: $5,000 *$1,000,000 STBG Grant transferred to COB for design of county portion. Funding Sources: Federal $0 State ($1,000,000)* Local $157,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 3elfingharn Intl Airport 1. g3 0 an �4cLec�d i Ij Rd tr �Oou AveE4 i , , w Whatcom County Public Works Project Narrative _ Roadway Frost Depth Detectors _CRP # 918001 Construction Funding Year(s): 2019 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 #R8 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Design began in 2017. Construction scheduled for 2018. Total Estimated Project Cost: $350,000 Expenditures to Date: $30,000 Funding Sources: Federal $_ State $ Local $320,000 Environmental Permitting Right -of -Way Acquisition (Estimate) TBD TBD �I 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 2018. N11 Whatcom County Public Project Narrative Bennett Drive, Marine Dr. to West Bakerview Rd. CRP # 916005 Construction Funding Year(s): 2018 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 #R9 on the 2018-2023 Six - Year Transportation Improvement Program. Project Status: Design began in 2016 and will continue along with R/W through 2017. Outreach and coordination with City of Bellingham and Bicycle Pedestrian Advisory Committee in 2016 and Community Meeting in 2017. Construction is anticipated for 2018. Total Estimated Project Cost: $1,460,000 Expenditures to Date: $60,000 Funding Sources: Federal State Local $1,400,000 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A �¢of i (; Bellingham, �.. Q Airport } ke11a99 Gauntry Ln. ` I W Bakenriew Rd l E3 Bakerview Rd a ( I . F ii Flit McLeod.K Mall --t-- 3 I i l 4 i I _ Cho Ave } 3 , N 47 * V R9 � .� � Ua>ICUITI .f ! m . (t c I itl_i 17 et�tSx{�� �f Ala �'?a.(TiSts ��_ #� i0 i- 3 t�0 ( I E I f I ! Lam... ..:, �.- te- � o� tawa', t 3 a 0 L7� 7� JF +3fC ; U' d wry � U SquaHcum Harbor ✓ � pce�! Y IKir, AM r 4 Whatcom County Public Works Project Narrative Marine Drive Locust Avenue to Alderwood Avenue Reconstruction and Bike/Ped Facilities CRP # 917001 Construction Funding Year(s): 2021 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'h mile of roadway with emphasis on bike/pedestrian and stormwater quality enhancements. This project is listed #11110 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Survey completed and design initiated in 2017. Total Estimated Project Cost: $3,025,000 Expenditures to Date: $35,000 Funding Sources: Federal $1,509,000 (STBG) Available in 2021 State $0 Local $1,516,000 Environmental Permitting ECS, BA, SEPA, CLR/CAO, Corps of Engrs Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) N/A 92 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 #1111 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Survey and preliminary cost scoping to be performed in 2018. Total Estimated Project Cost: $ TBD Expenditures to Date: $2,500 Funding Sources: Federal $0 State $ Local $30,000 Environmental Permitting SEPA, CLR/CAO Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Pt. Migley ` LUMMI NATION n ' Smokehouse Rd. f E +�0 f3� Lummi Pt. ;` ego 1 38 N , ;T37N Gooseberry" Pt Ky- r Centervtew Rd. R11 g e r e oe Bey Ord. 1 Le sae Bay`� f The Portage i PORTAGE ISLAND Sunrise Rd. 441 Whatcom County Public Works Project Narrative _ Lummi Nation Transportation Projects CRP #912017 Construction Funding Year(s): 2018 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 #R13 on the 2018-2023 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: $2,000,000 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. 91 Whatcom County Public Works Project Narrative Point Roberts Transportation Improvements CRP # 910002 Construction Funding Year(s): 2018 Project Narrative: Point Roberts is located in T40N and T4.1 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 #R14 on the 2018-2023 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 Expenditures to Date: $0 Funding Sources: Federal $0 State $0 Local $150,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) Not to Exceed $100,000 0 1 '® ! M Whatcom County Public Project Narrative Slater Road/Haxton Way CRP # 917002 Construction Funding Year(s): TBD 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 #R15 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: The County has selecting a traffic design consultant for the design of a protected left hand turn for both legs of Slater Road. Additional preliminary engineering for pavement design is anticipated for 2018. Total Estimated Project Cost: $ TBD Expenditures to Date: $ 5,000 Funding Sources: Federal State Local $70,000 Environmental Permitting HPA, SEPA, Sec 404, NEPA Right -of -Way Acquisition (Estimate) $ TBD County Forces (Estimate) TBD m 1111111111�11111 ��� 4A0 $ �" IIILLLIPS j 3' 35 Walltine Rd. Walltine Rd. Slater Rd. 2 tJtrick Rd. Tenant �� }✓ III � n' q Q Lawman Rd. E 36 r 32 �t -- Slater Rd. M® 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 #R17 on the 2018-2023 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. Traffic study to begin fall of 2017 to determine intersection design feasibility. Total Estimated Project Cost: $TBD Expenditures to Date: $14,000 Funding Sources: Federal $1,000,000 STBG available in 2021 State $ (Local $150,000 (in 2018) Environmental Permitting SEPA, ESA Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A " E. Axton Rd x as V ee , f . , CO) Bellinger Rd _ ,, a LU E_ Smith Rd. t €fit xon a N _. Harmony Rd. telly Rd�'` 7C3 i i' Huntley Rd. , �... Mine R`�d i Rd Van ► ',ycl Rd BAN V1iYC4C --- 97 Whatcom County Public Works Project Narrative _ Guardrail Safety Program CRP ## 918002 Construction Funding Year(s): _ 2018 Project Narrative: This item provides funding to install guardrail as safety measures throughout the County at locations fitting criteria detailed in the grant application. These improvements will decrease run off the road and struck fixed object type of accidents. It is listed #R18 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Grant applied for in spring 2017. Funding availability will be known fall 2017. If funds available construction scheduled for 2018. Total Estimated Project Cost: $910,000 Expenditures to Date: $0 Funding Sources: Federal $910,000 State $ Local $ TBD Environmental Permitting Shorelines Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this item, no map exists. Location of the new guardrails will be determined in 2018. 4.01 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 #R23 on the 2018-2023 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 $250,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD R. le lie O E. Laurel R Rd_�_.___—__—_ Fountain Lk. r, EVERS � 'J C LID L° iW k e.os� lid .„rt a I Green Lk, �r r �;.,. tt . Central R6_7F z AJ W R•23�E.Plemmid. Fazon Lk. N NTS of w ra c € L nger Rd..) I-Wi dr Q Whatcom County Public Project Narrative Airport Drive Subsurface Repair CRP # 917003 Construction Funding Year(s): 2017/2018 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 #R27 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Subsurface stabilization to occur late summer or early fall of 2017. The asphalt overlay and sidewalk reconstruction will be completed in spring of 2018. Total Estimated Project Cost: $311,000 Expenditures to Date: $11,000 Funding Sources: Federal State Local $300,000 Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) N/A - . Slater'Rd. � e� ,, € f � "�_�y= Rd. K � 7 t Slater �.. n Raiyhors�t'> c� Be `1 Kline t z Rd. cm She a .- Cal m_ nA v Ra �� oc z -._..:, .. . - o r I 1 Oivlarietta Av. . " n Qd �j4lost Lk. >, 4 m, Q Q ' pC ZL `....._..... p KI°NG M7N. Skagit Cr B,3 ' -- a, c ellingham Nk,,� n sc int'l1\o9R Airport Country Ln. VVIBakerview Rd �E Bak6 iew Rd Ba on 9 Rd. m. " R27 4 Fa1r v m •� tit m,,,, dial{ .a, cleod �' M _A Rtl� �?S. . ood Lb vet °9�e �iooa yA c�squaticum C ,. Nooksa t4 m"q sunset Dt. ly �Q�o ch Alabam�a}St s t. f towa`St � ..y p d Y TM,col Squalicum Har6o'r 100 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 #B1 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Design work and permitting complete. Construction started May 2017 and is expected to be complete in late 2017. Project closeout will continue into 2018. Total Estimated Project Cost: $3,830,000 Expenditures to Date: $3,580,000 Funding Sources: Federal State Local $3,830,000 Environmental Permitting HPA, SEPA, Sec 404, NEPA Right -of -Way Acquisition (Estimate) County Forces (Estimate) 1 Unick Rd. 2 ILLIPS Walltine Atine Rd. Slater Rd. RESERVATION 130I 5 4 a.; II� c 0 U) 35 N 2 NTS South Re vea ap �s Rd. 101 Whatcom County Public Works Project Narrative Marine Drive / Little Squalicum Creek - Bridge No. 1 Rehabilitation CRP #910017 Construction Funding Year(s): TBD 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 structurally deficient designation and existing load restrictions on the bridge. The project is listed #1132 on the 2018-2023 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 102 Whatcom County Public Works Project Narrative Jackson Road / Terrell Creek - Bridge No. 81 Replacement CRP # 917004 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 #133 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Preliminary design and permitting to begin in 2018 with construction time frames to be contingent upon availability of grant funds. BRAC funds for this project applied for in April 2017. Expect to know results of BRAC funding in fall of 2017. Total Estimated Project Cost: $ TBD Expenditures to Date: $ 0 Funding Sources: Federal $TBD State $TBD Local $220,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD �` z ,.., Ba Rd. y Bay Rd, BIRCH BAY STATE PARK .' Klul Grandview Rd 103 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 Sam ish in Section 27, T37N, RK. This project will replace the existing 250-foot timber bridge which is structurally deficient. This project is listed #65 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Type, Size and Location (TS&L) completed in 2017. BRAC funds for this replacement project applied for in April 2017 will learn results of this funding application in the fall of 2017. Detailed design work on preferred alternative to begin in early 2018. Total Estimated Project Cost: TBD Expenditures to Date: $250,000 Funding Sources: Federal $7,813,160 (BRAG) Applied for in 2017 State $0 Local $750,000 Environmental Permitting TBD Right -of -Way Acquisition TBD County Forces TBD S ; t CHUCKANUT MTN. 1 :Cedar Lk: Fine Lk_ b IDt., . lh(�p -uJ utuE S� N ftd�`� i Mud t) oars 4 ice Lk. i BEE STATE 0 1RK Lost Lk.: �° � l dq BLANCHARD MTN. WHATCOM COUNTY 0 MITI) Whatcom County Public Works Project Narrative Hannegan Road Bridge No. 236 Replacement CRP # 913007 Construction Funding Year(s): 2018 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 #136 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Project design and permitting completed in 2017. Construction of this project scheduled for 2018. Rural STP funds have been obtained for construction of this project Total Estimated Project Cost: $1,770,000 Expenditures to Date: $ 170,000 Funding Sources: Federal $950,000 (STP) State $0 Local $820,000 Environmental Permitting HPA, NEPA, ACOE, Shorelines Right -of -Way Acquisition (Estimate) N/A County Forces N/A F--Ba &tt Ra,- r� c0 E. Pofe Rd. SR 544 y 4�' TTCr.` Green Lk.Beard Rd. Central Rd. B6 �a�s EY_ Ten Mile Rd. C 6a ua R3 E. Hernmi Rd. E. Heonrni Rd. LAUREL E. Laurel Rd. 105 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 project will replace the existing 69-foot bridge, which is structurally deficient with a new reinforced concrete bridge. This project is listed #1137 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Project design and permitting complete, ROW work will be completed in 2017. Construction scheduled for 2018. BRAC funds have been secured for this project. Total Estimated Project Cost: $2,145,000 Expenditures to Date: $295,000 Funding Sources: Federal $1,387,170 (BR) State $0 Local $757,830 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD 1=aeon Lk. Now - Rd. Osgood Rd. -.4 COSHEN Csa hen Rd. E. Hoff Rd. x F 7 ta;�7 N -v NTS 4 o cs . " s x 0 CEDARVILLE o sr? q &A*`• >k LU a .�.- 41E. Smith Rd. i 421 fflfflleq� Whatcom County Public Works Project Narrative Massey Road/Sumas River, Bridge No. 291 CRP # 915016 Construction Funding Year(s): 2018 Project Narrative: This project is located east of Everson in Section 5, T39N, R4E. This project will replace the deck on this structurally deficient bridge. These improvement will remove the structurally deficient designation and load restrictions. This project is listed #B8 on the 2018-2023 Six -Year Transportation Improvement Program. Project Status: Preliminary design and permitting is underway with construction scheduled in 2018. 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 a South Pass Rd. Hughes Rd. c 10411111111111 I I F I 107 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 #139 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Project design, permitting and ROW work is ongoing. Construction anticipated in 2018. BRAC funding has been secured for this project. Total Estimated Project Cost: TBD Expenditures to Date: $255,000 Funding Sources: Federal $175,000 (BR) State $0 Local $80,000 Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Barnhart, Rd. co to Ty E c :_, c Q3F N L r qqac tl l J SR 546 � � is Trail R_ "�`��ca �n ,n St. �. E,�Main t-YN DE N Tromp Rd. 1 n 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 2018-2023 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 109 Whatcom County Public Works Project Narrative Ferry Terminal Electrical Project CRP #916020 Construction Funding Year(s): 2017 Project Narrative: This project includes electrical improvements at both ferry terminals. This project is listed #F2 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Design and permitting complete. Construction started in August 2017 and is expected to be completed in October 2017. Project closeout will continue into 2018. Total Estimated Project Cost: $350,000 Expenditures to Date: $320,000 Funding Sources: Federal $ State $ Local $350,000 Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A MCI Whatcom County Public Works Project Narrative Ferry Terminal Painting and Structural Repair Project CRP # 917015 Construction Funding Year(s): 2018 Project Narrative: This project includes structural repair and painting of the approach spans and towers at both ferry terminals. This project is listed #F3 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Design and permitting work is underway with construction anticipated in 2018. Total Estimated Project Cost: $1,260,000 Expenditures to Date: $ 60,000 Funding Sources: Federal $ State $ Local $1,260,000 Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) Not to Exceed $50,000 111 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 #F4 on the 2018-2023 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: $125,000 Funding Sources: Federal $120,000 (FBP) State $ Local $30,000 Environmental Permitting HPA, SEPA, CORPS 404, COUNTY SHORELINES Right -of -Way Acquisition (Estimate) None Required County Forces (Estimate) N/A 112 Whatcom County Public Works _Project Narrative Various Bridges Rehabilitation / Replacement _ CRP #918003 Construction Funding Year(s): 2018 �] Project Narrative: This item provides funding to address unanticipated bridge rehabilitation and/or replacement. It is listed #Y1 on the 2018- 2023 Six Year Transportation Improvement Program. Project Status: Design and construction to occur as necessary. Total Estimated Project Cost: $1,800,000 Expenditures to Date: N/A Funding Sources: Federal $ State $ Local $1,800,000 (STIP 2018-2023) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) Not to Exceed $250,000 in 2018 Due to the nature of this item, no map exists. Council review and prioritization will be sought at the appropriate times 113 Whatcom County Public Works Project Narrative Right of Way Acquisition CRP # 918004 Construction Funding Year(s): 2018-2023 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 2018-2023 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 (2018-2023) 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. 114 Whatcom County Public Works Project Narrative Unanticipated Site Improvements CRP # 918005 Construction Funding Year(s): 2018 - 2023 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 2018-2023 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. Funding Sources: Total Estimated Project Cost: $1,800,000 Federal $0 Expenditures to Date: State $0 Local $1,800,000 (2018-2023) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) Not to Exceed $270,000 in 2018 Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 115 Whatcom County Public Works Project Narrative Stormlwater Quality Improvements CRP # 918006 Construction Funding Year(s): 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 2018-2023 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 (2018-2023) 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. 116 Whatcom County Public Works _ Pro]ect Narrative Non -motorizes! Transportation Improvements _CRP # 918007 Construction Funding Year(s): 2018 - 2023 _ 1 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 2018-2023 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. Funding Sources: Total Estimated Project Cost: $600,000 Federal $0 Expenditures to Date: State $0 Local $600,000 (2018-2023) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD _ County Forces (Estimate) Not to Exceed $90,000 in 2018 Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 117 Whatcom County Public Works Project Narrative Swift Creek Transportation impacts CRP # 918008 Construction Funding Year(s): _ _ TBD Project Narrative: This item addresses the various projects related to Sumas Mountain/Swift Creek Slide. Locations to be determined. This project is #Y7 on the 2018-2023 Six Year Transportation Improvement Program. Project Status: Design and construction for the various projects will be initiated in 2018 and extend through 2019. Total Estimated Project Cost: $600,000 Expenditures to Date: Funding Sources: Federal $0 State $0 Local $600,000 (2018-2023) Environmental Permitting N/A Right -of -Way Acquisition (Estimate) N/A County Forces (Estimate) Not to Exceed $90,000 in 2018 Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. W7 Whatcom County Public Works Project Narrative _ Railroad Crossing Improvements CRP # 918009 Construction Funding Year(s): 2018 - 2023 Project Narrative: Locations to be determined. Identification and prioritization to be addressed. This project is listed #Y8 on the 2018-2023 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 (2018-2023) Environmental Permitting TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) Not to Exceed $15,000 in 2018 Due to the nature of this program item, no map exists. Council review and prioritization will be sought at the appropriate time. 119 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-196A CLEARANCES Initial Date Date Received in Council 6q% e Agenda Date Assigned to: Originator. JPR Z- :� `' �r �' ` G jj 711112017 Council - Introduction Division Head: JPR 2 I �� 712512017 Council - Hearin Dept. Head: 8/8/2017 PW / Council /� ®6/�i�/(� 9/12/2017 PW /Council Prosecutor: �'�� �i�� � COUNTY PurchasrttQ/Budzet: ss Executive: TITLE OF D NT. An Ordinance Regarding Establishment of Speed Limits on portions of North Shore Road ATTACHMENTS: 1. Memo to County Executive and County Council Z Vicinity Map 3. Petition to Reduce Speed 4. Speed Limit Ordinance SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a (X) Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO hearing? Requested Date: 712512017 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.) To comply with RCW 46.61.415, at the direction of the County Council, it is found necessary and expedient to modify speed limits on portions of North Shore Road COMMITTEE ACTION. COUNCIL ACTION. 8/8/2017: Held in Committee 7/11/2017: Introduced 7-0 7/25/2017: Held in Committee 9/12/2017: Forwarded to Council for introduction 8/8/2017: Held in Committee with an amendment to make the speed limit 30 9/12/2017: Held in Committee mph instead of 35 mph (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 Ion the County's website at: www.co.whatcom.wa.us/council. 120 North Shore - No Pass PROPOSED BY: Public Works - Engineering INTRODUCTION DATE: ORDINANCE NO. AMENDING WHATCOM COUNTY CODE CHAPTER 10.04, ESTABLISHING THE SPEED LIMIT ON A PORTION OF NORTH SHORE ROAD WHEREAS, the Whatcom County Council is authorized under RCW 46.61.415 to establish speed limits on certain County roads; and WHEREAS, a request to lower the speed limit on North Shore Road was submitted by local residents; and WHEREAS, the County Engineer is forwarding this request to the County Council to formally establish a new speed limit on North Shore Road. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the speed limit on North Shore Road is hereby established as follows: 35 mph on North Shore Road from Y Road easterly to Lakeshore Road, located in Section 30, Township 38 North, Range 4 East, W.M. 25 mph on North Shore Road from Lakeshore Road easterly to the westerly side of Smith Creek located -in Sections 30, 31 and 32, Township 38 North, Range 4 East, W.M. and Section 5, Township 37 North, Range 4 East, W.M. BE IT FURTHER ORDAINED that Whatcom County Code Chapter 10.04 is hereby amended to reflect the above speed limits, as outlined in Exhibit A to this ordinance. BE IT FURTHER ORDAINED that the County Engineer is hereby directed to post the appropriate signs and roadway markings in order to designate the 25MPH section of North Shore Road as a No Passing zone. BE IT FINALLY ORDAINED that the County Engineer is hereby directed to post the appropriate signs and that the Whatcom County Sheriff and the Washington State Patrol be notified by a copy of this ordinance. ADOPTED this day of , 2017. ATTEST: 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: 121 WHATCOM COUNTY CODE 10.04 SPEED LIMITS 10.04.030 Twenty-five miles per hour. The speed limit shall be 25 miles per hour on the following roads and streets: 10.04.050 Thirty-five miles per hour — Maximum generally. The speed limit for all county roads within the unincorporated areas of Whatcom County shall be 35 miles per hour unless otherwise posted. 10.04.060 Forty miles per hour. The speed limit shall be 40 miles per hour on the following roads and streets: 122 PROPOSED BY: Public Works - Engineering INTRODUCTION DATE: ORDINANCE NO. AMENDING WHATCOM COUNTY CODE CHAPTER 10.04, ESTABLISHING THE SPEED LIMIT ON A PORTION OF NORTH SHORE ROAD WHEREAS, the Whatcom County Council is authorized under RCW 46.61.415 to establish speed limits on certain County roads; and WHEREAS, a request to lower the speed limit on North Shore Road was submitted by local residents; and WHEREAS, the County Engineer is forwarding this request to the County Council to formally establish a new speed limit on North Shore Road. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the speed limit on Northshore Road is hereby established as follows: 35 mph on North Shore Road from Y Road easterly to Lakeshore Road, located in Section 30, Township 38 North, Range 4 East, W.M. 25 mph on North Shore Road from Lakeshore Road easterly to the westerly side of Smith Creek located in Sections 30, 31 and 32, Township 38 North, Range 4 East, W.M. and Section 5, Township 37 North, Range 4 East, W.M. BE IT FURTHER ORDAINED that Whatcom County Code Chapter 10.04 is hereby amended to reflect the above speed limits, as outlined in Exhibit A to this ordinance. BE IT FINALLY ORDAINED that the County Engineer is hereby directed to post the appropriate signs and that the Whatcom County Sheriff and the Washington State Patrol be notified by a copy of this ordinance. ADOPTED this day of , 2017. ATTEST: 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: 123 WHATCOM COUNTY CODE 10.04 SPEED LIMITS 10.04.030 Twenty-five miles per hour. The speed limit shall be 25 miles per hour on the following roads and streets: 10.04.050 Thirty-five miles per hour — Maximum generally. The speed limit for all county roads within the unincorporated areas of Whatcom County shall be 35 miles per hour unless otherwise posted. 10.04.060 Forty miles per hour. The speed limit shall be 40 miles per hour on the following roads and streets: 124 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-280 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: DMP 08131117 9/26/17 Introduction 1 1, M I�4 � ���- SEP 19 2017 W H A COUNTY a 1 COUNCIL Division Head: 10/10/17 Hearin 4 Dept. Head: A , rI Prosecutor. ' ,' 9 �� d 7 Purchasing/Budget: '7/7 17 Executive: -�tb 21 TITLE OF D U ENT: Interlocal Agreement between the City of Bellingham and County of Whatcom 2017 Byrne Justice Assistance Grant (JAG) Program Award ATTACHMENTS: Interlocal Agreement between the City of Bellingham and County of Whatcom 2017 B me Justice Assistance Grant JAG Pro ram Award SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? ( >) Yes ( ) 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.) As required by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, the Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2017 Local Solicitation is made available to the Whatcom County Council for its review and comment and to citizens for public review and comment. Total Whatcom County Jurisdiction allocation is $35,941 (with $22,828 for the City of Bellingham and $13,113 for Whatcom County). The City of Bellingham will administer the grant and provide $13,113 to Whatcom County Sheriff's Office to purchase ballistic vests. COMMITTEE ACTION: COUNCIL ACTION. 9/26/2017: Introduced 7-0 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. 125 HIA,TC 1: COUNTY SHERIFF'S 0,FF1,CE BILL ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 MEMORANDUM TO: Jack Louws, County Executive FROM: Bill Elfo, Sheriff DATE: August 31, 2017 J EFF 21 ,ARKS UNDERSHERIFF P DG ' CHIEF DEPUTY DUG C ADWICK CHIEF DEPUTY S`t'EVE COOtaEY C141EF INSPECTOR I F EC' IONS SEP 7 - 2017 JACK LOUWS COUNTY EXECUTIVE RE: Interlocal Agreement Between the City of Bellingham and Whatcom County Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2017 Enclosed for review and signature are two (2) originals of the Interlocal Agreement between the City of Bellingham and Whatcom County for Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2017. Total Whatcom County Jurisdiction allocation is $35,941 (with $22,828 for the City of Bellingham and $13,113 for Whatcom County). The City of Bellingham will administer the grant and provide $13,113 to the Whatcom County Sheriff's Office to purchase ballistic vests. Please contact Undersheriff Parks at extension 6610 if you have any questions regarding the terms of this agreement. Thank you. enclosure Our Vision: ilzefice of Sheriff: Dedicated to making 97haicom County the .Safest in the State through excellence in Public Safety. WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 0 J 0 Cl 0 0 i Originating Department: Sheriff's Office Division/Program: (i.e. Dept. Division and Program) SWAT Contract or Grant Administrator: Jeff Parks, Undersheriff Contractor's / Agency Name: City of Bellingham 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: WCC 3.06.010 *COUNCIL REVIEW IS REQUIRED (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#: 16.738 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: 1003517001- 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 Council approval required for; all property leases, contracts or bid awards exceeding amount and any prior amendments): $40,000, and professional service contract amendments that have an increase greater $ 13,113.00 than $10,000 or 10% of contract amount, whichever is greater, except when: 1. Exercising an option contained in a contract previously approved by the council. This Amendment Amount: 2. Contract is for design, construction, r-o-w acquisition, professional services, or $ other capital costs approved by council in a capital budget appropriation ordinance. Total Amended Amount: $ .3, 113.Ot) 3. Bid or award is for supplies or equipment included approved in the budget. 4. Contract is for manufacturer's technical support and hardware maintenance of electronic systems and/or technical support and software maintenance from the developer of proprietary software currently used by Whatcom County. Summary of Scope: Interlocal Agreement between City of Bellingham and Whatcom County for U.S. Department of Justice Edward Byrne Memorial Justice Assistance Grant (JAG) Program FY2017. Total Whatcom County jurisdiction allocation is $35,941 (with $22,828 for the City of Bellingham and $13,113 for Whatcom County). The City of Bellingham will administer the grant and provide $13,113 to Whatcom County Sheriff's Office to purchase ballistic vests. Term of Contract: 08/28/17 1 Expiration Date: Contract Routing: 1. Prepared by: D. Pierce.- 2. Attorney signoff: C , 0a 3. AS Finance reviewed: 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: 08/31/17 Date: 7 Date: Date: Date: Date: r? Date: Date: Date: Last edited 10/31/16 127 CITY SECRETARY CONTRACT NO. THE STATE OF WASHINGTON COUNTY OF WHATCOM INTERLOCAL AGREEMENT BETWEEN THE CITY OF BELLINGHAM, AND COUNTY OF WHATCOM 2017 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This Agreement is made and entered into this 28th day of August, 2017, by and between The COUNTY of Whatcom, acting by and through its governing body, the County Council, hereinafter referred to as COUNTY, and the CITY of Bellingham, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Whatcom County, State of Washington, witnesseth: WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party: and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, per the grant, Whatcom County Jurisdiction is allocated $35,941 in grant funding, $22,828' for the City and $13,113 for Whatcom County: and WHEREAS, the CITY agrees to provide the COUNTY $13,113 from the JAG award for the purchase of Ballistic vests: and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of $13,113 of JAG funds. Section 2. COUNTY agrees to use $13,113 for the purchase of Enhanced Ballistic Protection until 2018. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against the "CITY' or "COUNTY" Section 4. Each party to this agreement will be responsible for its own actions in providing services under this agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. 128 Page 1 of 2 Section 5. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 6. By entering into this Agreement, the parties do not intend to create any obligations express or implied other than those set out herein; further, this Agreement shall not create any rights in any party not a signatory hereto. CITY OF Bellingham, WA � UNTY OF Whatcom, WA �� Kelli Linville, Mayor Sheriff ATTEST: APPROVED AS TO FORM: Brian Henshaw, Finance Department APPROVED AS TO FORM: City Attorney Chief of Police Prosecuting Attorney C' = Ui IV Jack Louws, Whatcom County Executive Page 2 of 2 129 Whatcom County Sheriff's Office Program Abstract Abstract Enhanced officer safety and ballistic protection for first responders/tactical personnel — In response to continued violent critical incidents at schools and public venues, the Whatcom County Sheriff's Office has developed enhanced training for incidents involving active violence against vulnerable populations. The most recent tragedy in Orlando, FL which resulted in 49 killed and 53 injured, highlights the threats that face citizens and law enforcement on a daily basis. In an effort to better prepare for and provide an enhanced response to critical violent incidents, the Whatcom County Sheriff's Office conducts ongoing training to deal with these threats and unusual situations that require a tactical response in order to save lives. In addition to training, law enforcement must be prepared and equipped to deal with armed suspects in order to effectively mitigate the threat posed to the public. In the face of such violence and destruction, law enforcement must be adequately equipped to respond in an effective manner. It is essential that all members of the Sheriff's Office have sufficient ballistic resistant vests and to protect them from gunfire. Sheriff's Office uniformed personnel are required to wear ballistic vests. We are required to provide ballistic protective equipment to personnel who are subject to occupational hazards that include gunfire/ballistic threats. The Sheriff's Office currently issues ballistic vests and helmets to all deputy sheriffs. SWAT has a current need for specialized vests that are designed for their assignment and operational needs. The SWAT vests need to be replaced as they are outside the recommended manufacturer's warranty. The Sheriff's Office objective is to utilize allocated funds to purchase and replace current ballistic vests and improve officer safety. Project identifiers — Equipment — Tactical, Body Armor — Ballistic Resistant, Counter Terrorism and Officer Safety. 130 Whatcom County Sheriffs Office 2016 Bryne JAG grant Program Narrative The continued trend of violent attacks on innocent citizens at schools and public venues has reaffirmed why it is imperative that responders be trained and prepared to respond to incidents of active violence in an efficient and effective manner. The Sheriff's Office is uniquely positioned on the international border between the US and Canada, and is subject to both domestic and international threats. This includes not only schools and public venues, but multiple federal facilities and critical infrastructure that may be the targets of violent attacks and/or terrorism. The Sheriff's Office continues to train all deputies to deal with critical incidents, to include terrorist attacks and active shooter scenarios. In addition to training, law enforcement officers must be provided necessary equipment that enhances their officer safety and increases the likelihood that they will be able to carry out their duties without serious injury or loss of life. The recent tragedy in Orlando, FL highlighted the need for ballistic protection for first responder and tactical units. Ballistic protection worn by law enforcement officers saves lives each year and is an essential piece of personal protective equipment. Sheriff's Office uniformed personnel are required to wear ballistic vests. We are required to provide ballistic protective equipment to personnel who are subject to occupational hazards that include gunfire/ballistic threats. The Sheriff's Office currently issues ballistic vests and helmets to all deputy sheriffs. SWAT has a current need for specialized ballistic vests that are specifically designed for their assignment and operational needs. The SWAT ballistic vests need to be replaced, as at least half are currently passed the 5 year recommended manufacturer's warranty period. The Sheriff's Office intends to utilize JAG funding to purchase and replace ballistic vests that have exceeded the standard operational life. These vests are NIJ certified and met the current .06 Level IIIA standards of protection. 131 E. Supplies Ballistic entry vests Total project costs Whatcom County Sheriffs Office 2017 Bryne JAG program Budget and Budget Narrative BUDGET $13,113 Total $13,113 BUDGET NARRATIVE $13,113 EQUIPMENT. In order to provide enhanced ballistic protection and increase officer safety, the Whatcom County Sheriff's Office intends to purchase ballistic vests. Ballistic vests are essential personal protective equipment that is utilized by members of the Whatcom County Sheriff's Office. The use by deputies allows them to carry out their duties while protecting them from sudden violent attacks from gunfire. Ballistic entry vests - The intent is to equip deputies with NIJ certified ballistic entry vests that are rated to stop handgun rounds, as well as some shotgun and rifle rounds. The Whatcom County Sheriff's Office is looking to purchase ballistic vests, which are made in America. These vests are worn by all tactical personnel when responding to incidents where weapons are known to be present or the use of firearms is suspected. The use of ballistic vests by tactical personnel allow them to respond quickly to critical incidents, while providing ballistic protection and improving officer safety. The recent mass shooting in Orlando, FL highlights the use and role ballistic personal protective equipment play in protecting those who protect others. The use of ballistic vests serves to increase the likelihood that they can carry out their duties and save lives, while improving the chances that they go home at the end of the day. 132 133 Budget Summary — When you have completed the budget worksheet, transfer the totals for each category to the spaces below. Compute the total direct costs and the total project costs. Indicate the amount of Federal funds requested and the amount of non -Federal funds that will support the project. Budget Category Personnel Fringe Benefits Travel Equipment Supplies Construction Consultants/Contracts Other Total Direct Costs I. Indirect Costs TOTAL. PROJECT COSTS Federal Request $13 jr- Non -Federal Amounts Total Federal Request $13,113 'Non -Federal Amount $p Total Project Cost w` $13,113 Public Reporting Burden $1.3,1.1 $13.113 Paper»>ork Reduction Act Notice: Under the Paperiaork Reduction Act, a person is not required to respond to a collection ref h formation unless it displays a current' valid OUB control number. We try to create forms and irrstructions that are accurate, can be easily understood, and which impose the least possible barrderr onyotr to provide acs ivilh inferinatiori. The estfrncrted aveiagc: time to corraplele crndfile this application is four (4) hours per application. Ifyou have comments regarding the accuracy ofthis this estinsate, or suggestions for making this form simpler, you can write the Office of Justice Programs, Office of the Chief Financial Officer, 810 Seventh Street, NTV, YVashington, IBC 20531; and to the Public Me Reports Project, 1121-0188, Office of 'lr formation and Rel;>ulalory Affairs, Offree csf 4lanagernent and Budget, tVcrshington, UC 20503. 134 Whatcom County Sheriff's Office 2017 Edward Bryne Memorial JAG Program FY2017 Local Solicitation Review Narrative The Whatcom County Sheriff's Office intends to make its Fiscal Year 2017 JAG application available to the Whatcom County Council for introduction on September 26, 2017. The application has not yet been made available for public review and comment. The Whatcom County Sheriff's Office will make its Fiscal Year 2017 JAG application available to citizens for comment at the Whatcom County Council meeting on October 10, 2017. 135 Whatcom County Sheriff's Office 2017 Edward Bryne Memorial JAG Program FY 2017 Local Solicitation Applicant Disclosure of Pending Applications The Whatcom County Sheriff's Office does have a pending application within the last 12 months for federal funding to cover some costs of the proposed program under this solicitation. The Whatcom County Sheriff's Office has applied for the 2017 DOJ Bulletproof Vest Partnership grant. Federal Funding Agency Solicitation Name Name/Phone/Email for Point of Contact USDOJ Bulletproof Vest Partnership 1-877-758-3787/owner-bvp-list@ojp.usdoj.gov 136 U.S. DEPARTMENT OF JUSTICE OFFICE OF JUSTICE PROGRAMS Justice Assistance Grant (JAG) Program Body Armor Mandatory 'wear Policy Certification j On behalf of the applicant entity named below, I certify the following to the Office of Justice Programs, U.S. Department of Justice: I have personally read and reviewed the section entitled "Body Armor Certification" in the program announcement for the grant program identified above. I certify that our agency currently has a written "mandatory wear" policy in effect. I acknowledge that a false statement in this certification may be subject to criminal prosecution, including under 18 U.S.C. § 1001. 1 also acknowledge that Office of Justice Program grants, including certifications provided in connection with such grants, are subject to review by the Office of Justice Programs, and/or by the Department of Justice's Office of the Inspector General. I have authority to make this certification on behalf of the applicant entity (that is, the entity applying directly to the Office of Justice Programs). Fiscal Y" ?. ' o f' ;1,,KG t 2017 Si;odtul Official Doug Chadwick Printed Name of Certifying Official Chief Criminal Deputy Title of Certifying Official Whatcorn County Sheriff's Office FuII Name of Applicant Entity 8/28/17 ._............. Date 137 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-286 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Introduction, Originator: PJH 712512017 V E Sept 26, 2017 Natural Resources Division Head: � Q/ " �l ,��/ � SEP 19 2017 WHATCOM COUNTY COUNCIL October 10, 2017 Hearin g Dept. Head: q /i4 /�"� Prosecutor: dlgl 09/12/17 PurchasinglBuupdget: Executive: I -' TITLE OF D U An Ordinance Adopting Amendments to Whatcom County Code Title 17 Flood Damage Prevention ATTACHMENTS: 1. Cover memo 2. Proposed Ordinance 3. Whatcom County Code, Title 17 Flood Damage Prevention (with revisions shown) 4. Staff Report SEPA review required? ( x )Fes ( ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO SEPA review completed? ( x )Fes ( ) NO Requested Date: October 10, 2017 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 ordinance adopts amendments to Title 17 that include revisions to address new requirements related to administration of the National Flood Insurance Program and compliance with the Endangered Species Act. COMMITTEE ACTION. COUNCIL ACTION.• 9/26/2017: Discussed and forwarded to Introduction 9/26/2017: Introduced 7-0 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.usleounciL 138 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings DIRECTOR MEMORANDUM RIVER AND FLOOD 322 N. Commercial Street, Suite 120 Bellingham, WA 98225-4042 Phone: (360) 778-6230 www.whatcomcounty.us TO: The Honorable Jack Louws, Whatcom County Executive and The Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Public Works ❑irecto 74 FROM: Paula J. Harris, River and Flood Manag Gary Stoyka, Natural Resources Manager RE: Proposed Amendments to Whatcom County Code Title 17 Flood Damage Prevention DATE: August 18, 2017 Enclosed is an ordinance adopting amendments to Whatcom County Code Title 17 Flood Damage Prevention for your consideration. ■ Requested Action Public Works respectfully requests that the Whatcom County Council consider the proposed amendments to Title 17 and approve the ordinance adopting the amended code, subject to a public hearing. ■ Background and Purpose In 2015, the Department of Ecology's State National Flood Insurance Program (NFIP) Coordinator completed a Community Assistance Visit (CAV) or audit to evaluate Whatcom County's implementation of the NFIP. During this visit, it was determined that our current version of Title 17 does not meet the minimum requirements of the NFIP and/or Code of Federal Regulations and is inconsistent with State law. FEMA requires communities to demonstrate their compliance with the minimum criteria in order to participate in the NFIP. The NFIP is administered locally by Whatcom County Public Works through Title 17, Flood Damage Prevention. The NFIP provides affordable insurance to property owners within participating communities and aims to reduce the impact of flooding on private and public structures by encouraging communities to adopt and enforce floodplain management regulations. The original deadline given by the State NFIP Coordinator to have a code compliant with the NFIP was September 30, 2017. The deadline has been extended a month from the original deadline in order to accommodate finalization of the code and Council hearing dates. Meeting this deadline is necessary to remain in good standing with the NFIP. Process Used to Revise Ordinance In developing a set of proposed amendments to Title 17, staff utilized the results of the CAV findings along with recommendations by staff to help clarify administrative procedures and requirements. Recommended changes and additions to the code by the Flood Control Zone Page 1 of 2 139 District (FCZD) Advisory Committee have been the code to be consistent with State law and to Species Act. incorporated. Language has been included in demonstrate compliance with the Endangered The FCZD Advisory Committee reviewed and discussed the revised code at their meetings on January 12, February 16, March 9 and April 20, 2017. At the April 20 meeting, they unanimously recommended approval of the revised version of code. A presentation summarizing the proposed amendments to code was made to the Building Industry Association (BIA) on June 8, 2017. Two minor revisions based on the States review, and revisions to enforcement and appeals proposed by Planning were made subsequently, and redistributed to the FCZD Advisory Committee and the BIA for their comment. No comments were received. A presentation summarizing the proposed amendments was also made to the County Council at the July 18, 2017 Surface Water Work Session. A draft detailed staff report and a copy of the revised code were distributed to Council prior to the work session. A final staff report is enclosed which provides a detailed analysis of each section of code proposed for revision. Encl. Page 2 of 2 140 PROPOSED BY: CONSENT SPONSORED BY: CONSENT INTRODUCTION DATE: SEPTEMBER 26, 2017 ORDINANCE NO. ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 17 FLOOD DAMAGE PREVENTION WHEREAS, the Department of Ecology (DOE) State National Flood Insurance Program (NFIP) Coordinator completed a Community Assistance Visit (CAV) to evaluate Whatcom County's implementation of the NFIP on March 5, 2015; and WHEREAS, the DOE identified required revisions and additions to Whatcom County's Flood Damage Prevention code, Whatcom County Title 17, to comply with the State and Federal requirements; and WHEREAS, the National Marine Fisheries Service issued a Biological Opinion regarding implementation of the NFIP by the Federal Emergency Management Agency (FEMA) and local communities; and WHEREAS, the Biological Opinion requires that local regulatory programs ensure development projects within the floodplain are compliant with the Endangered Species Act (ESA); and WHEREAS, amendments to Whatcom County Code Title 17 were proposed by staff to address State and Federal requirements and compliance with the ESA; and WHEREAS, additional amendments to Whatcom County Code Title 17 were proposed by staff to improve flood protection standards and clarify administrative procedures and requirements; and WHEREAS, the Flood Control Zone District Advisory Committee provided a forum for a public process to provide input and recommend changes to the draft developed by staff; and WHEREAS, the Flood Control Zone District Advisory Committee recommended the amended Title 17 attached as Exhibit A for adoption by the Whatcom County Council; and, WHEREAS, a public hearing on the amended Title 17 has been held on October 10, 2017; 141 NOW, THERFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Title 17 is hereby amended as indicated in Exhibit A to this ordinance. ADOPTED this 10th day of October, 2017. ATTEST: Dana Brown -Davis, County Clerk AP ROVED AS T2 FORM: L�zj.� 2h-ft �/ — Chief Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair ( ) Approved ( ) Denied Jack Louws, County Executive Date: 142 EXHIBIT A Title 17 FLOOD DAMAGE PREVENTION Chapters: 17.04 General Provisions 17.08 Definitions 17.10 Regulatory Data 17.12 Administration 17.16 Flood Hazard Reduction Standards 17.20 Repealed 17.24 Unauthorized Use of Motorized Vehicles Upon Flood Control Structures Revision 2.2 August 3, 2017 Page 11 143 Chapter 17.04 GENERAL PROVISIONS Sections: 17.04.010 Findings of fact. 17.04.020 Statement of purpose and liability disclaimer. 17.04.030 Methods of reducing flood losses. 17.04.040 Application of title. 17 04 R+.0 Basis for-establ4shing areas. of SpeGial flood hazard_ 17.04.060 Abrogation and greater restrictions. 17.04.070 Interpretation. 17.04.080 Compliance required. 17.04.100 Severabilitv 17.04.010 Findings of fact. The findings of fact are the following: A. The flood hazard areas of Whatcom County are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. B_ Without taking appropriate care and precautions, development in flood lairs and watersheds ma increase flood heights, frequencies, and velocities and may result in a greater threat to humans damage to Property, destruction of natural flood plain functions, and adverse impacts to water quantity, quality, and habitat. —These f nod-les GUM 64ative-e#eGt sfAbs#ri wtions-in area6 Gf 6p al-0oad- f del s ire A-ted Porn flood damage also r_ nntribute to the flood losss 17.04.020 Statement of purpose and liability disclaimer. This title is enacted as an exercise of the police power of the county for the benefit of the public at large. It is not intended to create a special relationship with any individual, or individuals, nor to identify and protect any particular class of persons. The purpose of this title is to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas in a manner that does not adversely affect endangered species or their habitats. The degree of poroperty and habitat flood protection required by this title is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on occasion. Flood heights may be increased by manmade or natural causes. This title does not imply that land outside of the areas of special flood hazards or uses permitted within such areas will be free from flooding or flood damages. This title shall not create liability on the part of Whatcom County, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages to property or habitat that result from reliance on this title or any administrative decision lawfully made thereunder. Nor shall the county or any officer, agent, or employee thereof incur or be held as assuming any liability by reason or in consequence of any permission, certificate of inspection, inspection or approval authorized herein, or issued or given as herein provided, or by reasons or consequence of any things done or acts performed pursuant to the provisions of this title.. 17.04.030 Methods of reducing flood losses. In order to accomplish its purposes, this title includes methods and provisions for: A. Restricting or prohibiting uses which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities; Revision 2.2 August 3, 2017 Page12 144 B. Requiring that uses vulnerable to floods, including facilities which serve such uses, shall be protected against flood damage at the time of initial construction; C. Controlling the alteration of natural floodplains, stream channels, and natural protective barriers, which help accommodate or channel flood waters; D. Controlling filling, grading, dredging, and other development which may increase flood damage; and E. Preventing or regulating the construction of flood barriers which will unnaturally divert flood waters or which may increase flood hazards in other areas. 17.04.040 Application of title. j This title shall apply to all Special Flood Hazard Areas, as defined in Section 17,08.040. within the jurisdiction of Whatcom County. a?."^��Basis_-fer-estaf3tis#�+s�g�eas-caf��ecial #leoc�td- T-tie--ar�a���special--Head-1�a�rd-ideeti#fed by-�(��aa�rTr�st�anse-A�n„�^��.tion-are-caratai�ed-in-a- ssie tAG-and-eng+neer4ng4eport-eRtitl° ���^StU-y--for--ti}e GGuPA af-Wha€Gom— WashingtGF�!-(e€festiv&-date`September-34,44T74—TheG^^nary,ing-Flood IeseFaflse ate-Maps,-4aterl- SeptembeF-39,4977, a Sept@F ber--2-8—,149GJRGIHding aGcornpaRyaflg--repeFts-and--a-Ry-subs amendmsnts-made by the aqC� declared-to-be-a-{,art-0f-this-t4a-T"e-�� {lood insurance-stady4&-Gr. - ie-at-the-departmeRt of :erks-- 17.04.060 Abrogation and greater restrictions. This title is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this title and another ordinance, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. 17.04.070 Interpretation. In the interpretation and application of this title, all provisions shall be: A. Considered as minimum requirements; B. Liberally construed in favor of the governing body; and C. Deemed neither to limit nor repeal any other powers granted under state statutes. 17.04.080 Compliance required. No structure or land shall hereafter be constructed, located, extended, converted, or altered without full compliance with the terms of this title and other applicable regulations. 47-.04.090 Penalty -for nonGomplianGe.. Any PeFSOn- irm,or,Gorperat;Fen--violating any -of -the -provisions of-thi-,title-shall-tie-deemed-guilty-of a misdeFneanor and-eaGh-day-daring-whirl}-SU4G"elation4s sentinued-oF-sommitted-shal#- conste-a-seyarate-Gffease, and- envietien4hereG"hall-tie-pu♦aished-by-a fine o€.net ore than $500. r-by-imprisonment-in-the-seuntyyaiI for a perio"ot-exceeding- "ays, OF by-both- sesh fine and irnpr4sonment-.-Nothing-sentained-he4ein-shall-prevent-Whatcere-County4fGm-taking- such other-Iawful-actionas is neressar-yAo--prevent-or--remedy--ap,5F.violatior�.— 17.04.100 Severabi,lity. The provisions and sections of this ordinance shall be deemed separable and the invalidity of any portion of this ordinance shall not affect the validity of the remainder. Revision 2.2 August 3, 2017 Page 13 145 Chapter 17.08 DEFINITIONS Sections: 17.08.010 Generally. 17.08.013 Accessory Structure. 17.08.015 Administrator. 17.08.020 Appeal. 17.08.030 Area of shallow flooding. 17.08.040 Area of special flood hazard. 17.08.050 Base flood. 17.08.051 Base flood elevation. 17.08.053 Basement. 17.08.055 Breakaway wall. 17.08.057 Coastal high hazard area. 17.08.058 Critical facility. 17.08.060 Development. 17.08.062 Dry flood roofin . 17.08.064 Elevation certificate. 17.08.066 FEMA. 17.08.070 Flood or flooding. 17.08.080 Flood Insurance Rate Map (FIRM). 17.08.090 Flood insurance study. 17.08.092 Flood protection elevation. 17.08.095 Floodway. 17.08.097 Historic structure. 17.08.100 Lowest floor. 17.08.110 Manufactured home. 17.08.120 Manufactured home park or subdivision. 17.08.130 New construction. 17.08.140 Recreational vehicle. 17.08.155 Special Flood Hazard Area (SFHA) 17.08.160 Start of construction. 17.08.170 Structure. 17,08.178 Substantial damage. 17.08.180 Substantial improvement. 17.08.190 Variance. 17.08.193 Watercourse. 17-08,195_ Wet floodproofing. 17.08.200 Zone. 17.08.010 Generally. Unless specifically defined below, words or phrases used in this title shall be interpreted so as to give them the meaning they have in common usage or to give this title its most reasonable application. 17.08.013 Accessory Structure. "Accessory structure" means a structure which is on the same parcel of property as the principal structure to be insured and the use of which is incidental to the use of the principal structure. 17.08.015 Administrator. Whenever the term "administrator" is used it means the director of public works or his designee. Revision 2.2 August 3, 2017 Page 14 146 17.08.020 Appeal. "Appeal" means a request for a review of the administrator's interpretation of any provision of this title or a request for a variance. 17.08.030 Area of shallow flooding. "Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. AO is characterized as sheet flow and AH indicates ponding. 17.08.040 Area of special flood hazard. "Area of special flood hazard" means the land in the floodplain within a community subject to a one percent or greater chance of flooding in any given year. Areas of special flood hazard are designated on Flood Insurance Rate Maps with the letters °A" or N" including AE, AO. AH, Al-99 and VE. The area of special flood hazard is also referred to as the special flood hazard area or SFHA. 17.08.050 Base flood. "Base flood" means the flood having a one percent chance of being equaled or exceeded in any given year. Also referred to as "100-year flood." Designation on maps always includes the letters A or V. 17.08.051 Base Flood Elevation. "Base flood elevation" is the elevation of the base flood above the datum of the effective FIRM. 17.08.053 Basement. "Basement" is any area of the structure havinq its floor sub- rade below ground level on all sides includin a subgrade crawlspace. 17.08.055 Breakaway wall. "Breakaway wall" means a wall that is not a part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damages to the elevated portion of the building or supporting foundation system. 17.08.057 Coastal high hazard area. "Coastal high hazard area" means the area subject to high velocity waters, including but not limited to, storm surge or tsunamis. The area is designated on the FIRM as Zone V1430, VE or V. 17.08.058 Critical Facility. "Critical facility" means a facility necessary to protect the public health, safety and welfare during a flood. Critical facilities include, but are not limited to, schools, nursing homes, hospitals, police, fire and emergency operations installations, water and wastewater treatment plants, electric power stations, and installations which produce, use, or store hazardous materials or hazardous waste (other than consumer products containing hazardous substances or hazardous waste intended for household use). 17.08.060 Development. "Development" means any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, storage of equipmento_r_materaa_s, subdivision of (and, removal of substantial amounts (>5%) of .,..._.._...._..._....._..____.___...__..........._..—.— vegetation, or alteration of natural site characteristics located within the area of special flood hazard. 17.08.062 DEM Floodproofing. "Dry flood roofin " means any combination of structural and non-structural measures that prevent flood waters from entering a structure. Revision 2.2 August 3, 2017 Page 15 147 17.08.064 Elevation Certificate. "Elevation Certificate" means the official form from FEMA used to provide elevation information necessar to ensure compliance with provisions of this ordinance and determine the proper flood insurance premium rate. 17.08.066 FEMA. "FEMA" means the Federal E m ergency Management Agency, the agency res onsible for ad m in isterinq the National Flood Insurance Program. 17.08.070 Flood or flooding. "Flood or flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; and/or the unusual and rapid accumulation or runoff of surface waters from any source. 17.08.080 Flood Insurance Rate Map (FIRM). "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community. 17.08.090 Flood insurance study. "Flood insurance study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Boundary Map, and the water surface elevation of the base flood. 17.08.092 Flood Protection Elevation (FPE). "Flood protection elevation" means the elevation above the datum of the effective FIRM to which new and substantially improved structures must be protected from flood damage. 17.08.095 Floodway. "Floodway" means the channel of a river or other watercourse or land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. 17.08.097 Historic structure. "Historic structure" means a structure that is: A. Listed on the National Register of Historic Places, the Washington Heritage Register, or the Washington Heritage Barn Register: or B. Determined by the Secretary of the U.S. Department of Interior as contributing to the historical significance of a registered historic district or a district preliminaril determined to qualify as a historic district; or C. Des i nated as historic under a state or local historic preservation program that is approved -by the Department of Interior. 17.08.100 Lowest floor. "Lowest floor" means the lowest floor of the lowest enclosed area (including basement). An unfinished or flood -resistant enclosure, usable solely for parking of vehicles, building access, or storage, in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is not built so as to render the structure in violation of the applicable non -elevation design requirements of this title found at WCC 17.16.080(2). 17.08.110 Manufactured home. "Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes the term "manufactured home" also includes park Revision 2.2 August 3, 2017 Page 16 Um trailers, travel trailers, and other similar vehicles placed on a site for greater than 490-120 consecutive days. For insurance purposes the term "manufactured home" does not include park trailers, travel trailers, and other similar vehicles. 17.08.120 Manufactured home park or subdivision. "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. 17.08.130 New construction. "New construction" means structures for which the start of construction commenced on or after the effective date of the ordinance codified in this title. 17.08.140 Recreational vehicle. "Recreational vehicle" is a vehicle which is A. Built on a single chassis; and B. Four hundred square feet or less when measured at the largest horizontal projection; and C. Designed to be self-propelled or permanently towable by a light duty truck; and D. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use. 17.08.155 Special flood hazard area (SFHA). See 17.08.040 "Area of special flood hazard." 17.08.160 Start of construction. "Start of construction" includes substantial improvement and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The "actual start' means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundation or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. 17.08.170 Structure. "Structure" means a walled and roofed building including a gas or liquid storage tank that is principally above ground. 17.08.178 Substantial damage. "Substantial damage" means damage of any origin sustained by a structure whereby the cast of restoring the structure to its before -damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. Substantial damage also means flood -related damage sustained by a structure on two separate occasions during a 10-year period for which the cost of repairs at the time of each such flood event on the average. equals or exceeds 25 percent of the market value of the structure before the damage occurred. 17.08.180 Substantial improvement. "Substantial improvement" means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either: A. Before the improvement or repair is started; or B. Before the damage occurred, if the structure has been damaged and is being restored. Revision 2.2 August 3, 2017 Page 17 149 For the purpose of this definition, "substantial improvement' is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either: C. Any project for improvement of a structure to correct pre -cited existing violations of state or local health, sanitary, or safety codespecifications which have been previously identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions, or i-Ag-state or localheairth sanitaFy or safe4-GGdto asswFe safe g- GF D. Any alteration of a Historic Sstructure per the definition in 17.08.097.4sted-a WistG G- Lamas nr a L'}ata inventory ref L-lec#Orin Q[annc 17.08.190 Variance. "Variance" means a grant of relief from the requirements of this title which permits construction in a manner that would otherwise be prohibited by this title. 17.08.193 Watercourse. "Watercourse" means only the channel and banks of an identifiable watercourse, and not the adjoining floodplain areas. The flood carrying capacity of a watercourse refers to the flood carrying capacity of the channel except in the case of alluvial fans, where a channel is not typically defined], 17.08.195 Wet Floodproofin-g. "Wet Floodproofing" means permanent or contingent measures applied to a structure and/or its contents that prevent or provide resistance to damage -from flooding by using flood -resistant materials and by allowing water to enter and exit the structure. 17.08.200 Zone. "Zone" means one or more areas delineated on the FIRM. The following zones maybe used on the adopted FIRM. The Special Flood Hazard Area is comprised of the A and V Zones. A: SFHA where no base flood elevation is provided. — A#: numbered A_Zones (e.g., A7 or A14), SFHA with a base flood elevation. — AE: SFHA with a base flood elevation. — AO: SFHA subject to inundation by shallow flooding usually resulting from sheet flow on sloping terrain, with average depths between one and three feet. Average flood depths are shown- - AH: SFHA subject to inundation by shallow flooding (usually areas of ponding) with average depths between one and three feet. Base flood elevations are shown. —_B: the area between the SFHA and the 500-year flood of the primary source offlooding._I#_may also_ be an area with a local, shallow flooding problem or an area protected by a levee. - C: an area of minimal flood hazard, as above the 500-year Flood level of the primary source of flooding. B and C Zones may have flooding that does not reset the criteria to be mapped as a Special Flood Hazard Area, especially ponding and local drainage problems. — D: area of undetermined but possible flood hazard. — V: the SFHA subject to coastal high hazard flooding including waves of 3 feet or greater in height. There are three types of V Zones: V V# and VE and they correspond to the A Zone desi nations. — X: the area outside the mapped SFHA. Revision 2.2 August 3, 2017 150 Page 18 — Shaded X: the same as Zone B, above. Revision 2.2 August 3, 2017 Page 19 151 Chapter 17.10 REGULATORY DATA Sections: 17.10.010 Basis for establishinq Special Flood Hazard Area. 17.10.020 Flood hazard data. 17.10.030 New regulatory data. 17.10.010. Basis for establishing Special Flood Hazard Area. A. The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report entitled "Flood Insurance Study for Whatcom County, Washington (AII Jurisdictions)" dated November 16, 2007 and any revisions thereto, with an accompanying Flood Insurance Rate Map (FIRM) for "Whatcom County, Washington (Alt Jurisdictions)" dated January 16, 2004 and November 16, 2007 and any revisions thereto, are hereby adopted by reference and declared to be a part of this ordinance. The Flood Insurance Study and the FIRM are on file at the department of public works. B. The administrator shall make interpretations where needed as to the exact location of the boundaries of the SFHA where there appears to be a conflict between the mapped SFHA boundary and actual field conditions as determined b the base flood elevation and round elevations_The applicant may appeal the administrator's interpretation of the location of the boundary in accordance with WCC 17.12.040. C. The applicant may officially have a structure or property removed from the SFHA by obtaining a Letter of Map Amendment LOMA with FEMA. A LOMA establishes a structure or property's location in relation to the SFHA. LOMAs are usually issued because a property has been inadvertently mapped as being in the flood lain but is actually on natural high ground above the Base Flood Elevation (BFE). 17.10.020. Flood hazard data. A. The base flood elevation for the SFHAs of Whatcom County, Washington shall be as delineated on the 100- ear flood profiles in the "Flood Insurance Study for Whatcom County, Washington(All Jurisdictions)." B. The base flood elevation for each SFHA delineated as a "Zone AH" or "Zone AO" shall be that elevation or depth) delineated on the Flood Insurance Rate Mai), Where base flood depths are not available in Zone AO the base flood elevation shall be considered to be two feet above the hi hest grade admacent to the structure. C. The base flood elevation for all other SFHAs shall be as defined in Sections 17.10.020.F and 17.10.030.C. D. The Flood Protection Elevation (FPE) shall be the base flood elevation plus one foot. E. The floodway shall be as delineated on the Flood Insurance Rate Map or in accordance with Sections 17.10.020.E and 17.10.030.C. F. Where base flood elevation and floodway data have not been provided in Special Flood Hazard Areas the administrator shall obtain review, and reasonably utilize any base flood elevation and floodway data available from a Federal State local or other source. In cases where the administrator is unable to obtain any base Flood elevation the flood protection elevation shall be two feet above the highest admacent grade. 17.10.030. New regulatory data. A. All re nests to revise or chap a the flood hazard data including requests for a Letter of Map Revision and a Conditional Letter of Map Revision shall be reviewed by the administrator. Revision 2.2 August 3, 2017 Page 110 152 1, The administrator shall not sign the Community Acknowledgement Form for any requests based on filling or other development, unless the applicant for the letter documents that such filling or development is in compliance with this ordinance. 2_The administrator shall not approve a reauest_to revise or change a fioodway delineation until FEMA has issued a Conditional Letter of Map Revision (CLCMR) that approves the change. B. If an applicant disagrees with the re-qu(atory data prescribed by this ordinance he/she may submit a detailed technical study needed to replace existing data with better data in accordance with FEMA mapping uidelines. If the data in Question are shown on the published FIRM the submittal must also include a rgguest to FEMA for a Conditional Letter of Map Revision. C. Where base flood elevation orfloodway delineation is not available in accordance with WCC 17.10.020, applicants for approval of new subdivisions and other proposed developments (inciuding proposals for manufactured home parks and subdivisions) greater than 50 lots or 5 acres whichever is the lesser, shall include such data with their permitapplications, unless waived by the administrator. This provision does not apply to applications for permits for small promects on large lots such as constructinq a single e family home. Revision 2.2 August 3, 2017 Page 111 153 Chapter 17.12 ADMINISTRATION Sections: 17.12.010 Establishment of floodplain development permit. 17.12.012 Requirements for floodplain development permit apolication within a SFHA. 17.12.020 Administrative department - Designated. 17.12.030 Administrative department - Duties and responsibilities. 17.12.040 Variances - ProcessAppeals board established - Fa^+^« taken e- sf resefds. 17.12.050 Variances - Conditions for issuance. 17.12.060 Appeals. 17.12.070 Enforcement. 17.12.010 Establishment of floodplain development permit. A floodplain development permit shall be obtained before construction or development begins within any area of special flood hazard established in WCC 17.10.01004.050. The permit shall be for all c+r„ems including rn nufastUfad-hGMes, as se+ firth *4he-de4r*49n&,-ands 4fdevelopment inGludi nd-49�heF aGti„i+ie,c aIcn as set forth in the definiti;,asSection 17.08.060. In situations where another County permit is re uired for development, the floodplain development permit may be issued in the form of conditions within the other County permit+ 17.12.012 Requirements for floodplain development permit application within a SFHA. Application for a floodplain development permit within a SFHA shall be made through the development application process administered by the department of planning and development services or on forms furnished by the department of public works if other local permits are not required, and may include, but not be limited to;; A. -One or more site plans in dUpliGate drawn to scale showing_ 1_-Tthe nature, location, dimensions, and elevations of the areaproperty; 2. Names and locations of all water bodies waterways, and drains - a facilities within 200 feet of the sib 3_E in g eGti^n, existing andef proposed structures, fill, pavement and other impervious surfaces and sites for storage of materialsi; 4. Existing and proposed drainage facilities including but not limited to swales storm sewers overland flow paths and detention_facilities�; 5. The elevation of the 100_year floods, where the data are available. end- the +i^„ of the n information is Fequired- A. 1=leya+ir_ R in F814 r. r. +r. m �$F6E�9if��--�eFrF�iGaiiy� -t���BIi91Nf�icf-irTrvnz lv�r-��.�nrrnvrrscrrneafi-sea- R a Ir...+a,caL+Tfl�r basement) ^f all str„n+.,re.e.- S. Elc. atir�n_iR 1:81�a+OR tQ M a level, � levee 6. Existinq and proposed contours at intervals sufficient to accurately determine the extent_ of proposed changes if the proposed proiect involves grading, excavation or fillip . 7. Existing vegetation and proposed vegetation removal and revegetation. B. if the proposed promect includes a new structure substantial improvement, or repairs to a substantial) damaged structure that will be elevated the application shall include the Flood Protection Elevation for the building site and the proposed elevations of the following 1. The top of lowest floor (including basement, crawlspace, or enclosure floor), 2. The top of the next higher floor 3. The bottom of the lowest horizontal structural member (in V Zones only) - 4. The top of the slab of an attached garage S. The lowest elevation of machinery or equipment servicing the structure 6. The lowest ad;acent (finished] grade next to structure 7. The highest adtacent (finished) grade next to structure Revision 2.2 August 3, 2017 Page 112 154 8. The lowest adjacent grade at the lowest elevation of a deck or stairs, including structural support C. If the proposed project includes a new structure, substantial improvement, or repairs to a substantially damaged nonresidential structure that will be wet or dry floodproofed, the application shall include the FPE for the building site and the elevation in relation to the datum of the effective FIRM to which the structure will be flood roofed and a Ccertification by a registered professional engineer or licensed architect that the floodproofing methods fGr-a�nresidential stwGtWe meet the flood proofing criteria as pFevided-in Section 17.16.090 or 17.16.110.Land D. The application shall include a Odescription of the extent to which any watercourse will be altered or relocated as a result of proposed development-, and shall also submit a request for a Conditional Letter of Map Revision CL.OMR where required by the Federal Emergency Management Agency. The roject will not be approved unless FEMA issues the CLOMR and the provisions of the letter are made part of the permit requirements. E._The _applicant shall submit a finished construction Elevation Certificate (EC) completed and certified by a licensed professional surveyor prior to occupancy. F. Compliance with FEMA's National Flood insurance Prociram (NFIP), including the protection standards for critical habitats for listed species, shall be demonstrated through a habitat assessment, and if necessary, a mitigation plan done in accordance with the FEMA Regional Guidance for the Puget Sound Rasin 17.12.020 Administrative department —_Designated. The department of public works is appointed to administer and implement this title by granting or denying floodplain development permit applications in accordance with its provisions. 17.12.030 Administrative department — Duties and responsibilities. The duties of the department of public works shall include, but not be limited to: A. Permit Review. The department of public works shall: 1. Review all floodplain development permit applications to determine that the permit requirements of this title have been satisfied; 2. Review all floodplain development permits applications to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required; 3. Review all floodplain development permits applications to determine if the proposed development adversely affects the flood -carrying capacity of the area of special flood hazard, and prohibit those developments that are determined to adversely affect the capacity. For purposes of this Ghaptersection, "adversely affects flood -carrying capacity" means that the cumulative effect of the proposed development, when combined with all other existing and anticipated development, will not increase the water surface elevation of the base flood more than one foot at any point. 4. Review and approve all Elevation Certificates. if in compliance with this Title. 5.Review all development permit applications within the SFFIA to ensure the proposed develo ment is compliant with FEMA's National Flood Insurance Program (.NFIP) protection standards for cri_t_ical_ habitats of species listed under the Endangered Species Act. 6. Notify the department of planning and development services of the review and decision results of the above in a timely manner. B. Use of Other Base Flood Data. When base flood elevation data has not been provided in accordance with WCC 17.0410.050Basis for establishing she areas Of GPeGiai flood hazard, the department of public Revision 2.2 August 3, 2017 Page 113 155 works shall obtain, review, and reasonably use any base flood elevation and floodway data available from a federal, state, or other source in order to administer WCC 17.16.070, SpeGifiG standards, and 17.16.120- Fleedways. C. Information to be Obtained and Maintained. The department of public works shall: 1. When base flood elevation data is provided through the flood insurance study or required as in WCC 17.12.030B, obtain and record the actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures; 2. For all new or substantially improved floodproofed structures: a. Verify and record the actual elevation to which the structure has been floodproofed (in relation to datum specified on the_FIRMrnea~ esea'"""i), and b. Maintain the flesdpreef+agcertificationS FOCI li;ed i^'" GG 17.12.014A by a registered professional engineer that the floodproofing methods for any structure meet the criteria as provided in WCC 17.16.090; 3. Maintain for public inspection all records pertaining to the provisions of this title. 4. Submit reports as required by FEMA for the National Flood Insurance Program. D. Alteration of Watercourse. The dep ent of buildiRgS and Godes administratio#gall 1. Prior to anv alteration or relocation of a watercourse, the department of planning and development services shall provide notificationAlo* to adjacent communities and the Washington State Department of Ecology in accordance with WCC 16.08.praer +^ a~.• ^'+^.atiaa .,. rel., +:^~ ^� watercourse, and- 2. The department of public works shall: a. Provide skit evidence of such notification to FEMA.he Federal ln6.:ran^9-A4m-�P0stFaEtiGn if requested; fib. Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. E. interpretation tien ofT, FIRM -Row whe Fe needed, as depaft�ral e€ pebii 'works sl, �iail make it�tefpCet�#inn~ �,,as to the exa�too�4wi8r7�aFe r, of speGialwheF there -appears to be a GonfFibetweenins) The aortae r ontes+inn the IOGatiGR of the beundaF Y oppoFtunity Appeal the as--pFev4ded in IA GG 17•17 040. El=. Required Submission of Additional Information. The administrator shall have authority to require the applicant to submit information certified by licensed professional land surveyors, architects, or engineers as may be reasonably necessary to assure conformance with the standards of this title. (Ord. 96-050 Exh A; Ord. 87-25 (part)). 17.12.040 Variances- Process Appeals board established -Far-tors-taken-into account - A. The hearing examiner as established by Whatcom County shall hear and decide appeals and requests for variances from the requirements of this title. hear and decide anneals when it is allowed there is an error in any r,�itirervmrancvOF deteFmi r iR thA enforcement OF administratiGn.nf_ this title. ' Revision 2.2 August 3, 2017 Page 114 156 D-.B. In decidinq variance re uestspassAg-6RGR-such applications, the hearing examiner shall consider WCC 17.12.050; all technical evaluations, al_ -relevant factors, and standards specified in other sections of this title,- and: 1. The danger that materials may be swept onto other land to the injury of others; 2. The danger of life and property due to flooding or erosion damage; 3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; 4. The importance of the services provided by the proposed facility to the community; 5. The necessity to the facility of a waterfront location, where applicable; 6. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; 7. The compatibility of the proposed use with existing and anticipated development; 8. The relationship of the proposed use to the comprehensive plan and floodplain management program for that area; 9. The safety of access to the property in times of flood for ordinary and emergency vehicles; 10. The expected heights, velocity, duration, rate of rise, the sediment transport of the flood waters, and the effects of wave action, if applicable, expected at the site; and 11. The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical, water systems, and streets and bridges. 12. The potential of the proposed development to adversely affect endangered species and proposed mitigation measures to ensure compliance with the Endangered Species Act. C. Upon consideration of the factors of subsection Gfal of this section and the purposes of this title, the hearing examiner may attach such conditions to the granting of variances as It-deemeds necessary to further the purposes of this title. F-D. The hearing examiner shall maintain the records of all appeal actions and report any variances to the Federal Insurance Administration upon request. 17.12.050 Variances — Conditions for issuance. A. Generally, the only condition under which a variance from the elevation standard may be issued is for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided items 1 through 11 in WCC 17.12.040D have been fully considered. As the lot size increases the technical justification required for issuing the variance increases. B. Variances may be issued for the reconstruction, rehabilitation, or restoration of Historic Satructures I+sted o,R-the National Rego r�@����t�ta��.,�,�� —, without regard to the procedures set forth in the remainder of this section. C. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. Revision 2.2 August 3, 2017 Page 115 157 D. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. E. Variances shall only be issued upon: 1. A showing of good and sufficient cause; 2. A determination that failure to grant the variance would result in exceptional hardship to the applicant; and 3. A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in WCC 17.12.040D, or conflict with existing local laws or ordinances. 4. A determination that the proposed development is compliant with the Endangered Species Act. F. Variances as interpreted in the National Flood Insurance Program are based on the general zoning law principle that they pertain to a physical piece of property; they are not personal in nature and do not pertain to the structure, its inhabitants, economic or financial circumstances. They primarily address small lots in densely populated residential neighborhoods. As such, variances from the flood elevations should be quite rare. G. Variances may be issued for nonresidential buildings in very limited circumstances to allow a lesser degree of floodproofing than watertight or dry_-floodproofing, where it can be determined that such action will have low damage potential, complies with all other variance criteria except WCC 17.12.050A, and otherwise complies with WCC 17.16.020 and 17.16.030 of the general standards. H. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. 17.12.060 Appeals A. AnV 2CIgrieved Dartv may appeal any order, variance condition of approval, or alleged error made by the administrator in the administration or enforcement of this chapter to the heanng examiner, who shall have the authority to hear and decide such appeals. B. An appeal shall be filed within 14 days of the issuance of a final permit decision. For decisions associated with a promectoermit, as defined in WCC 20.97 the final permit decision is when the ro'ect permit is issued. For decisions not associated with a project permit, the final permit decision is when the floodolain development permit is issued by the administrator. C. Appeals shall be processed in accordance with WCC 20.92 and accompanied by a fee ass ecified in the unified fee schedule. D. The applicant, any party of record, or any county department may appeal any final decision of the hearing examiner to Superior Court within 10 business days of the final decision of the hearinq examiner= 17.12.070 Enforcement. 1. Any oerson, firm, or corporation violating any of the provisions of this title may be subiect to enforcement actions and penalties allowed by County Code, as amended, for the applicable development permit, approval, or license required for the floodplain development or action, The administrator is hereby authorized to enforce the provisions of this chapter. 2. The enforcement process and penalties contained in WCC 20.94 is hereby adopted in full for enforcement of this chapter, except for WCC 20.94.010 (Purpose) and WCC 20.94.060_(Appeals), provided that each occurrence of the term "Zoning Administrator" shall be substituted with "Administrator." Revision 2.2 August 3, 2017 Page 116 158 Chapter 17.16 FLOOD HAZARD REDUCTION STANDARDS Sections: 17.16.010 ' rStandards. 17.16.020 Anchoring. 17.16.030 Construction materials and methods. 17.16.040 Utilities. 17.16.050 Subdivision proposals. 17.16.060 Review of building permits. 1-7-4-r-070----Spesi#�s: 17.16.080 Residential construction. 17.16.090 Nonresidential construction. 17.16.095 Critical facilities. 17.16.100 Manufactured homes. 17.16.110 AgFirwltural Wet floodproafina. 17.16.115 Recreational vehicles. 17.16.120 Floodways. 17.16.130 Standards for shallow flooding areas (AO Zones). 17.16.140 Coastal high hazard areas. 17.16.010 GeneralaStandards. in all areas ^' ^^^I ^' 4azaf4"The standards set forth in WCC 17.16.020 through 17.16.060140 are required in all areas of special flood hazards. 17.16.020 Anchoring. A. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. B. All manufactured homes must likewise be anchored to prevent flotation, collapse or lateral movement, and shall be installed using methods and practices that minimize flood damage. Anchoring methods may include, but are not limited to, use of over -the -top or frame ties to ground anchors (reference FEMA's "Manufactured Home Installation in Flood Hazard Areas" guidebook for additional techniques). 17.16.030 Construction materials and methods. A. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage. B. All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage. C. Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or otherwise elevated or located so as to prevent water from entering or accumulating within the components during conditions of flooding. Locating such equipment -below the base flood elevation may cause flood insurance premiums to be increased. 17.16.040 Utilities. A. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. B. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharge from the systems into flood waters. C. On -site waste storage and disposal systems shall be located to avoid impairment to them, or contamination from them, during flooding. Revision 2.2 August 3, 2017 Page 117 159 D. Water supply _wells associated with new development shall be located where it is not subject to pondinq and is not in the floodway. 17.16.050 Subdivision proposals. A. All subdivision proposals shall_ 1.Bbe consistent with the need to minimize flood damage. 2. 13--4-66L ie Fepesals-s�Have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage. 3. Q. All subdoyms'e.--pFvgesals shall -;Have adequate drainage provided to reduce exposure to flood damage. 9-.B. Where base flood elevation data has not been provided or is not available from another authoritative source, it shall be gan rated fOF GUbdiViSiOR rmposals and otheF pF9 tw4iGh Gen#aW�-,at least 50 Intc or frVe @GFeS (whir•heyer is less) deveioped in accordance with WCC 17.10.030.C. 17.16.060 Review of building permits. Where elevation data is not available, either through the flood insurance study or from another authoritative source (WCC 17.10.010 and WCC 17.12.030B), applications for building permits shall be reviewed to assure that proposed construction will be reasonably safe from flooding. The test of reasonableness is a local judgment and includes use of historical data, high water marks, photographs of past flooding, etc., where available. Failure to elevate at least two feet above the highest adjacent grade in these zones may result in higher insurance rates. . . _ WNW :: 10 . ._ sa: �'� a.MMUM 17.16.080 Residential construction. A. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated to or above the base -flood protection elevation (FPE), as determined in accordance with WCC 17.10.020.D. B. Fully enclosed areas below the lowest floor that are subject to flooding are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of flood waters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria: 1. A minimum of two openings on different sides of each enclosed area having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided; 2. The bottom of all openings shall be no higher than one foot above grade; 3. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of flood waters. C. Subgrade crawls aces are prohibited unless the following conditions are met: 1. The interior grade of a crawls ace below the base flood elevation must not be more than 2 feet below the lowest adjacent exterior gradei 2. The height of the subgrade crawls ace measured from the interior grade of the crawls ace to the top of the crawlspace foundation wall must not exceed 4 feet at any point Revision 2.2 August 3, 2017 160 Page 118 3. A drainage system designed to adequately drain the sub rade crawls ace area (e.g. sub -surface drains or sump pump system) once floodwaters have receded must be provided; and 4. The crawls ace must comply with applicable FEMA guidance FFMA Technical Bulletin 11 Crawls ace Construction for Buildings Located in 5 ecial Flood Hazard Areas or u gdated uidance . The administrator will notify the applicant that construction of a subgrade crawl space will _likely _impact flood insurance premiums. 17.16.090 Nonresidential construction. New construction and substantial improvement of any commercial, accessory, agricultural, industrial or other nonresidential structure together with attendant utility and sanitary facilities shall: A. ShalleitherhHave the lowest floor, including basement, elevated to the level of the flood protection elevation. The space below the lowest floor must meet the standards in WCC 17.16.080B and 17.16.080C: or B. Shall bBe dry floodproofed so that: 1. Below the base flood level -protection elevation the structure is watertight with walls substantially impermeable to the passage of water; and 2. Have sStructural components are capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and 3.byisteFe"F-efessivaal-e iee er-arGhi+ �zhe design and methods of construction are certified b a registered professional engineer -in accordance with accepted standards of practice for meeting provisions of this subsection based on their development and/or review of the structural design, specifications and plans. Such certifications shall be as set forth in WCC 17.12.030F and shall be provided by the applicant eras required by the department of public works; or. C. Be wet floodoroo€ed in compliance with the requirements of WCC 17.16.110 below the !owes! floor as d%Gribed in WCG 17.16. 30& l-Applicants floodproofing nonresidential buildings shall be notified that flood insurance premiums will be based on rates that are one foot below the floodproofed level (e.g., a building constructed to the base flood level will be rated as one foot below that level). 17.16.095 Critical facilities Construction of new critical facilities shall be to the extent possible, located outside the limits of the SFHA 100- ear flood lain . Construction of new critical facilities shall be permissible within the flood plain if no feasible alternative site is available. Critical facilities constructed within the flood plain shall have the lowest floor elevated two feet above the base flood elevation. Floodproofin-q and sealing measures must be taken to ensure that toxic substances will not be displaced by or released into floodwaters. Access routes elevated to or above the level of the base flood elevation shall be provided to all critical facilities to the extent possible without adversely affecting the flood -carrying capacity of the SFHA. 17.16.100 Manufactured homes. All manufactured homes to be placed or substantially improved shall be: A .;+hin 7enm�no�t, p,�+fhnr ^f } %fastusN -# in accordance with WCC 17.16.080 if within zones A AE AH and AO and sub'ect to WCC Chapter 15. Revision 2.2 August 3, 2017 Page 119 161 B. Elevated on a permanent foundation in accordance with WCC 17.16.140 if within zones V or VE. C. be-sSecurely anchored to an adequately anchored foundation system in accordance with the provisions of Section WCC 17.16.020B. 17.16.110 Agricultural-buildingsWet floodproofing. Agricult al-b ildingssl�all imply-with-uVCC-17� 080—A. Wet floodproofing is allowed for the following types of nonresidential construction: 1. Wet floodproofing is allowed without a variance for enclosed areas below the FPE that are used solely for parking, access, or limited storage including attached and detached garages. 2. Wet floodproofing is allowed with a variance for the types of structures listed below; however, the administrator may waive the requirement for a formal variance provided the proposal meets the conditions of WCC 17.16.110E and applicable FEMA guidance (FEMA Technical Bulletin l Wet Floodprog na Requirements or updated guidance). a. Structures functionally dependent on close proximity to water. b. Historic structures. c._ Residential accessory structures that do not exceed a maximum value of $25,000 for the cost of construction and are designed to have a low potential for structural damage. The market value of construction shall be determined by the administrator in accordance with the valuation procedure used when setting building permit fees. d. Agricultural structures used exclusively in connection with the production, harvesting, storage, dryingdryLng or raising of agricultural commodities including livestock if they are designed to have a low potential for structural damage. B. Each structure that is wet floodproofed shall meet the following standards: 1. It shall comply with the floodway encroachment provisions of WCC 17-16-120, 2. It shall be anchored to prevent flotation., collapse and lateral movement. 3. All portions of the structure below the FPE shall be constructed of flood -resistant materials. 4. Service utilities such as mechanical electrical and heating equipment shall meet the standards of WCC 17.16.030.0 and 17.16.040. 5. It small have openings to allow free flowage of water that meet the criteria in WCC 17.16.080.6. 6. It shall be designed to have a low potential for structural damage from flood inundation, scouring, velocities, and debris impact. 7. The intended use of the structure shall have a low damage potential for content damage or an emergency operation plan to remove the contents. 8. The project shall meet all other requirements of this ordinance. 17.16.115 Recreational vehicles. Recreational vehicles placed on sites within Zones "' -30, AN, "& aAd all " A. AE, AH, AO, V, and VE Zones ors-t-he-Gomm-un+ty's-FORM-shall either: A. Be on the site for fewer than 490-120 consecutive days; and Revision 2.2 August 3, 2017 162 Page 120 B. Be fully licensed and ready for highway use, on its wheels or jacking system, attached to the site only by quick disconnect type utilities and security devices, and having no permanently attached additions; or C. Meet the requirements of WCC 17.16.100 and anchoring requirements for manufactured homes. 17.16.120 Floodways. [ Located within areas of special flood hazard established in WCC 17.10.010 17.04.050 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply: A. Prohibit encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer er-arshll:estis provided demonstrating through hydrologic and hydraulic analysis performed in accordance with standard engineering practice that the proposed encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge. B. Construction or reconstruction of residential structures is prohibited within designated floodways, except for the following: 1_Repairs, reconstruction, or improvements to a structure which do not increase the ground floor area, provided that rePai aRW nts to a stnwture-,the cost of which does not exceed 50 percent of the market value of the structure either (a) before the repair, reconstruction, or improvement is started; or (b) before the damage occurred, if the structure has been damaged; and is being restored. Work done on structures to correct existing violations of state or local health, sanitwy, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions to ^may with existing health, sa i ar,r n safg#y-c6 s OF to str, �ntWeS 'dent' ed as histariG ^uses -shall not be included in the 50 percent. ]�� 2. Repairs, replacement, reconstruction, or improvements to existing farmhouses located in designated floodways and located on designated agricultural lands that do not increase the building's total square footage of encroachment and are consistent with all requirements of WAC 173-158-075; 3. Repairs, replacement, reconstruction, or improvements to substantially damaged residential dwellings other than farmhouses that do not increase the building's total square footage of encroachment and are consistent with all requirements of WAC 173-158-076, or 4. Repairs, reconstruction, or improvements to residential structures identified as historic structures that do not increase the building's dimensions. C. If theprovisions of WCC 17.16.120_A or B are met is sabsfEed, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of this chapter. 17.16.130 Standards for shallow flooding areas (AO Zones). Shallow flooding areas appear on FIRMs as AO Zones with depth designations. The base flood depths in these zones range from one to three feet where a clearly defined channel does not exist, or where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is usually characterized as sheet flow. In these areas, the following provisions apply: A. New construction and substantial improvements of residential structures within AO Zones shall have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, to or one foot above the depth number specified on the FIRM (at least two feet if no depth number is specified). B. New construction and substantial improvements of nonresidential structures within AO Zones shall either: Revision 2.2 August 3, 2017 Page 121 163 1. Have the lowest floor (including basement) elevated above the highest adjacent grade of the building site, to or -one foot above the depth number specified on the FIRM (at least two feet if no depth number is specified); or 2. Together with attendant utility and sanitary facilities, be completely floodproofed to or above that level so that any space below that level is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. If this method is used, compliance shall be certified by a registered professional engineer or architect as in WCC 17.16.090BA.3. C. Adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures shall be provided. 17.16.140 Coastal high hazard areas. Located within areas of special flood hazard established in WCC 17.14.060 10.020 are coastal high hazard areas, designated as Zones V42VX` , VE-aad�or-V and VE. These areas have special flood hazards associated with high velocity waters from tidal surges and, therefore, in addition to meeting all applicable provisions in this title, the following provisions shall also apply: A. All new construction and substantial improvements in Zones V4-V30 and VE (V if base 1€eedelevation- data4&-acailab4)-shall be elevated on pilings and columns so that: 1. The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the-ba&"ood4evel FPE; and 2. The pile or column foundation and structure attached thereto is anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Wind and water loading values shall each have a one percent chance of being egualledeaualed or exceeded in any given year (100-year mean recurrence interval). A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of 1 and 2 of this subsection. B. Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially improved structures in Zones V4-30 and VE, and whether or not such structures contain a basement. The local administrator shall maintain a record of all such information. C. All new construction shall be located landward of the reach of mean high tide. D. Provide that all new construction and substantial improvements have the space below the lowest floor either free of obstruction or constructed with nonsupporting breakaway walls, open wood latticework, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than 10 and no more than 20 pounds per square foot. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or when so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: 1. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and 2. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). Maximum wind and water Revision 2.2 August 3, 2017 164 Page 122 loading values to be used in this determination shall each have a one percent chance of being equalledequaled or exceeded in any given year (100-year mean recurrence interval). E. If breakaway walls are utilized, such enclosed space shall be usable solely for parking of vehicles, building access, or storage. Such space shall not be used for human habitation. F. Prohibit the use of fill for structural support of buildings. G. Prohibit manmade alteration of sand dunes which would increase potential flood damage. Revision 2.2 August 3, 2017 Page 123 165 12 ww■ wx0 9+w 4-ITY1,104 ywTi�77.�11 Revision 2.2 August 3, 2017 166 Page 124 Chapter 17.24 UNAUTHORIZED USE OF MOTORIZED VEHICLES UPON FLOOD CONTROL STRUCTURES Sections: 17.24.010 Definitions. 17.24.020 Unauthorized use of motorized vehicle. 17.24.030 Violation — Penalty. 17.24.010 Definitions. The definitions set forth in this section shall apply throughout this chapter. A. "County" means Whatcom County, unless otherwise noted. B. "Flood control structure" means any structure, whether natural or man-made in origin that operates, or is intended, to contain, channelize, direct or otherwise control the flow of water along or near the banks of the Nooksack River. C. "Motorized vehicle" means any vehicle that is motor -driven, whether by internal combustion engine or electric motor, and any attachments thereto. D. "Nooksack River" means the river commonly known as the Nooksack River, along with its North, Middle, and South Forks, as more precisely defined in WAC 173-18-410 as now written or hereinafter amended, and the channels within which this river and its forks flow, within Whatcom County. E. "Proper authorization" means use of a motorized vehicle for purposes of inspection, maintenance, improvement, or construction of flood control structures, or for access for legitimate agricultural purposes: 1. By immediate family members or current employees of the owner or tenant of the land upon which the flood control structure is located, under the authority and direction of that owner or tenant, or 2. Under the authority and with the current permission of the public agencies responsible for flood control activities within the county. The claim of proper authorization is an affirmative defense which must be pled prior to hearing or trial, and which the defendant must prove by a preponderance of the evidence. (Ord. 2003-002). 17.24.020 Unauthorized use of motorized vehicle. It is unlawful for any person to operate, or to ride upon, a motorized vehicle on any flood control structure within 3,000 feet of the Nooksack River, unless done with proper authorization. (Ord. 2003-002). 17.24.030 Violation — Penalty. Violation of this chapter shall constitute a Class 1 civil infraction under the authority granted the county in Chapter 7.80 RCW. Each violation hereof shall be punishable by a maximum penalty or default amount as set forth in RCW 7.80.120, or any successor statute thereto. All violations shall be charged, heard, and determined in accordance with the procedures set forth in Chapter 7.80 RCW. Employees of the Whatcom County public works department, river and flood division, or its successor agency, if any there be, as well as all others who are otherwise authorized to enforce ordinances of this county, are hereby authorized to enforce the provisions of this title, consistent with the provisions of Chapter 7.80 RCW. After having been found to have committed two infractions for violations of the provisions of this chapter, any person who further violates the provisions of this chapter shall be guilty of a misdemeanor, and shall be subject to criminal penalties including a fine of not more than $1,000, together with statutory assessments and any costs of action, and imprisonment in the county jail for a period of not more than 90 days. Revision 2.2 August 3, 2017 Page 125 167 In addition to the civil and criminal remedies provided for above, the county or the owner(s) of the land affected by the violation of the provisions of this chapter may bring such injunctive, declaratory or other actions as deemed necessary, and as otherwise allowed by law, to ensure that violations are prevented or cease, and to otherwise enforce the provisions of this chapter. (Ord. 2003-002). Revision 2.2 August 3, 2017 Page126 Public Works Staff Report September 11, 2017 I. BACKGROUND INFORMATION Summary of Request: Adopt amended version of Whatcom County Code, Title 17, Flood Damage Prevention (see Attachment A). After a National Flood Insurance Program (NFIP) Community Assistance Visit (audit) in 2015, FEMA determined that our current version of Title 17 does not meet the minimum requirements of the NFIP and/or Code of Federal Regulations (CFR's). FEMA requires communities to demonstrate their compliance with the minimum criteria in order to participate in the NFIP. The NFIP is administered locally by Whatcom County Public Works through Title 17, Flood Damage Prevention. In addition to changes made in response to the audit findings, the proposed amended Title 17 includes changes recommended by the Flood Control Zone District Advisory Committee (FCZDAC) and language clarifications recommended by Staff. Location: Title 17 and the proposed amendments apply to Special Flood Hazard Areas (areas within the 100-year floodplain) within the unincorporated areas of Whatcom County. SEPA: the State Environmental Policy Act (SEPA) Official for Whatcom County issued a Determination of Non -Significance on July 25, 2017. II. ANALYSIS OF THE PROPOSED AMENDMENT A detailed analysis of each of the proposed revisions is as follows. Chapter 17.04 GENERAL PROVISIONS 17.04.010 Findings of Fact The proposed revision to WCC 17.04.010.B clarifies reasons for flood losses and relates lack of adequate precautions to impacts on habitat. 17.04.020 Statement of purpose and liability disclaimer All development within Special Flood Hazard Areas must comply with the Endangered Species Act. The proposed revision includes protection of endangered species and their habitats. 17.04.040 Application of title The proposed revision adds a reference to a new definition for "Special Flood Hazard Area." 17.04.050 Basis for establishing areas of special flood hazard This section has been removed; the content in this section was moved to 17.10.020.A under the new section 17.10 Regulatory Data. -1- 169 17.04.090 Penalty for noncompliance and enforcement This section has been removed; the revised content of this section was moved to 17.12.070 under the Administration section. 17.04.100 Severability This section is proposed for addition to the code based on legal review. Chapter 17.08 DEFINITIONS 17.08.013 Accessory structure This definition was added to provide clarification as to what constitutes an accessory structure, as portions of the existing and proposed codes use the term. 17.08.040 Area of Special Flood Hazard This definition was expanded to include specific flood zones, and to cross-reference the Special Flood Hazard Area, since both terms are frequently used. 17.08.051 Base Flood Elevation This definition was added to provide clarification as to what the term means, as portions of the existing and proposed codes use the term. 17.08.053 Basement This definition was added to provide clarification as to what constitutes a basement, as portions of the existing and proposed codes use the term. 17.08.058 Critical facility This definition was added along with section WCC 17.16.095 to provide a higher level of flood protection for public facilities that are considered essential to protecting public health, safety and welfare during a flood event. The language was taken from FEMA's model ordinance. 17.08.060 Development This definition was expanded to be consistent with Endangered Species Act requirements. 17.08.062 Dry floodproofing This definition was added to provide clarification as to the difference between dry and wet floodproofing, as new language is proposed in WCC 17.16.110 to allow for wet floodproofing in accordance with FEMA guidance. The current code allows for dry floodproofing in some situations but does not specifically allow for wet floodproofing. 17.08.064 Elevation certificate This definition was added to provide clarification as to what the term means, as portions of the existing and proposed codes use the term. 17.08.066 FEMA This definition was added to provide clarification as to what the term means, as portions of the existing and proposed codes use the term. 17.08.092 Flood Protection Elevation (FPE) This definition was added for easier reference when defining elevation standards throughout the code. WCC 17.10.030.D was also added and specifies that the FPE is one foot above the base flood elevation; new and substantially improved structures are required to elevate to the FPE. The current code only requires elevation to the base flood elevation. The higher standard is required to be consistent with the International Residential Code (IRC). -2- 170 17.08.097 Historic structure This definition was added to provide clarification as to what constitutes a historic structure, as portions of the existing and proposed codes use the term. 17.08.110 Manufactured home This definition was changed to be consistent with the zoning code, Title 20. 17.08.155 Special Flood Hazard Area (SFHA) This definition was added to cross-reference Special Flood Hazard Area with Area of Special Flood Hazard since both terms are frequently used. 17.08.178 Substantial damage This definition was added to enable more flood insurance policy holders to qualify for Increased Cost of Compliance (ICC) funding through flood insurance claims. ICC funding of up to $30,000 is available to policy holders whose residences have been substantially damaged for modifications to the structure which will reduce future damage. The definition includes provisions for smaller damage amounts on multiple occasions to enable more homeowners to be able to qualify for the ICC funding. 17.08.180 Substantial improvement This definition was reformatted to provide clarity. 17.08.193 Watercourse This definition was added to provide clarification as to what the term means, as portions of the existing and proposed codes use the term. 17.08.195 Wet floodproofing This definition was added to enable the addition of wet floodproofing standards for certain types of nonresidential construction as detailed in WCC 17.16.110. 17.08.200 Zone This definition was added to provide clarification as the term is used in portions of the existing and proposed codes. Chapter 17.10 REGULATORY DATA This entire section was added to provide an organized presentation of the various types of data used in administering the code. 17.10.010 Basis for establishing Special Flood Hazard Area Item A in this section was moved from 17.04 General Provisions (previously was WCC 17.04.050), updated to reference the current release of the flood insurance study and map, and slightly reworded. Item Q clarifies how the administrator interprets the boundaries of the regulatory limits. Item C explains the Letter of Map Amendment (LOMA) process as a possible way of removing property from the SFHA. 17.10.020 Flood hazard data This section clarifies the sources of base flood elevation and floodway data used in administering the code. Item D in this section defines the "Flood protection elevation" as one foot above the base flood elevation; this is a change from the current code which only requires structures to be elevated to the base flood elevation. This change is recommended by FEMA and FCZDAC, and will reduce the potential for damage to subfloor materials and equipment. -3- 171 17.10.030 New regulatory data This section is required in order to comply with the Code of Federal Regulations (CFR). The section includes provisions for processing requests for Letters of Map Revision and describes how new flood elevation and floodway data are to be developed. It also describes the methods applicants should use if they do not agree with the current regulatory data. Chapter 17.12 ADMINISTRATION Sections have been added to this chapter and existing sections have been modified to provide clarification, to incorporate recommendations by the FCZDAC, and for compliance with ESA. 17.12.010 Establishment of floodplain development permit This section was modified to reference updated sections or definitions, and clarify that floodplain permits may be issued through conditioning other County permits. 17.12.012 Requirements for development permit application within a SFHA This section was added to clarify what should be submitted as part of a development permit application. Language from the existing code WCC 17.12.010 was used in this new section along with additional language from FEMA's model ordinance to address ESA compliance and recommended revisions by the FCZDAC. 17.12.020 Administrative department - Designated The proposed revision clarifies that the section only applies to development permit applications within the SFHA. 17.12.030 Administrative department — Duties and responsibilities Proposed revisions throughout this section clarify that the section applies only to development within the SFHA, and address ESA compliance and the CFR. 17.12.040 Variances — Process This section was revised to be consistent with the variance process used for other Whatcom County codes. Section 17.12.040.B.12 was added to address the ESA. 17.12.050 Variances — Conditions for issuance Section 17.12.050.E.4 was added to address ESA compliance. 17.12.060 Appeals This section was revised to be consistent with the appeals process used for other Whatcom County codes, and ensures that all flood decisions — whether issued through another County permit or not - have a process for appeal. 17.12.070 Enforcement The proposed revision, written in consultation with the Planning Department, makes the enforcement of Title 17 consistent with the enforcement process used for the Critical Areas Ordinance (CAO), as the CAO includes conformance with the provisions of Title 17 as part of the general standards for Frequently Flooded Areas. Chapter 17.16 FLOOD HAZARD REDUCTION STANDARDS One new section was added. Revisions to clarify how the standards are applied, and revisions to comply with the CFR were incorporated. Recommended changes by the FCZDAC are also incorporated throughout this chapter. -4- 172 17.16.010 Standards Language was changed to clarify that these standards apply to all floodplain designations. 17.16.030 Construction materials and methods Language was added as recommended by FEMA to notify applicants of potential impacts to flood insurance premiums. 17.16.040 Utilities Part D was added to comply with state law. 17.16.050 Subdivision proposals This section was revised to reference the new regulatory data section. 17.16.060 Review of building permits The proposed revision clarifies how the code is currently administered and is consistent with FEMA guidance. 17.16.070 Specific standards This section has been removed; the reference to another code section was revised to reflect that the section was moved in the proposed code. 17.16.080 Residential construction Section 17.16.080.A was revised to reference the FPE rather than the BFE so the elevation standard is consistent the IRC. Section 17.16.080.13 was clarified to be consistent with FEMA guidance. New language was added under section 17.16.080.0 to allow for sub -grade crawlspaces in accordance with FEMA guidance. 17.16.090 Nonresidential construction Sections 17.16.090.A and B were revised to reference the FPE rather than the BFE for elevation standards, as this is consistent with the IRC. Section C was added to allow for wet floodproofing of some nonresidential structures as long as they comply with FEMA requirements (see WCC 17.16.110). 17.16.095 Critical facilities This section was added to provide a higher level of flood protection to facilities that would be critical during a flood event. The FCZDAC recommended the elevation standard for critical facilities be 2 feet above the BFE. 17.16.100 Manufactured homes This section was revised to comply with the CFR. 17.16.110 Wet-floodproofing This section was previously titled "Agricultural buildings" and only allowed for elevation or dry floodproofing consistent with the requirements for other nonresidential structures. The section was renamed to allow wet-floodproofing construction techniques for agricultural structures as well as other nonresidential structures that meet the criteria in FEMA technical guidance. The original draft of this section was derived from a FEMA technical guidance document. The current version includes revisions recommended by the FCZDAC. 17.16.115 Recreational vehicles This section was revised to reflect the current flood zone designations used by FEMA on the Flood Insurance Rate Maps. Section 17.16.115.A was revised to be consistent with the zoning code, Title 20. -5- 173 17.16.120 Floodways Reference to another code section was revised as that section was moved in the proposed code. Revisions to section 17.16.120.A clarify who is qualified to perform floodway analyses and how it should be completed. Additional language was added to section 17.16.1203 to allow for repairs, replacement, reconstruction, or improvements to existing farmhouses and historic structures without having to go through a formal variance process and is consistent with state law (WAC 173-158-075 and WAC 173-158-076). 17.16.130 Standards for shallow flooding areas (AO zones) The proposed revisions are consistent with the requirement to elevate to one foot above the BFE, but are applicable to shallow flooding areas where a BFE has not been defined. 17.16.140 Coastal high hazard areas This section was revised to address the requirement to elevate one foot above BFE requirement (or FPE), consistent with the IRC. Revisions were also made to reference the flood zone designations currently used by FEMA III. PROPOSED FINDINGS OF FACT AND REASONS FOR ACTION 1. The proposed ordinance has been revised to address the deficiencies found as a result of a Community Assistance Visit (audit) by FEMA. 2. Recommendations from the FCZDAC have been incorporated. 3. Revisions by staff have been incorporated to help improve administration of the code and to clarify code for easier use by all. 4. Language was added to demonstrate compliance with ESA. 5. Language was added to be consistent with State law. 6. The FCZDAC reviewed and discussed the revised code at their meetings on January 12, February 16, March 9 and April 20, 2017. At the April 20 meeting, they unanimously recommended approval of the revised version of the code with their recommended revisions. Two minor revisions based on the state's review, and revisions to enforcement and appeals proposed by Planning were made subsequently, and redistributed to the FCZDAC for their comment. No comments were received. 7. A determination of non -significance was issued July 25, 2017 under the State Environmental Policy Act. 8. Notice of the public hearing was published in the Bellingham Herald on October 10, 2017. IV. RECOMMENDATION The deadline for Whatcom County to remain in good standing with the NFIP and to have the revised code adopted is October 31, 2017. Failure to adopt an ordinance that is consistent with the minimum requirements of the NFIP and/or CFR's will jeopardize the County's ability to receive funding for projects and ultimately jeopardize the County's ability to participate in the NFIP which makes flood insurance available to the community. Furthermore, the proposed version of code also benefits the community by: Making it easier for property owners to qualify for ICC funding to help recover structures that have been substantially damaged by a flood. Allowing for wet floodproofing for agricultural structures. Providing further protection of critical facilities and all other structures from flood damage. 174 Adding language for the protection of listed species and their habitat as necessary for compliance with ESA. Staff recommends that the County Council adopt the amendments to Title 17 as proposed. The State NFIP Coordinator has reviewed and approved these amendments to code for compliance with the NFIP and CFR's. VI. ATTACHMENTS 1. Whatcom County Title 17, Flood Damage Prevention 7- 175 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2016-309G CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to: Originator: Gary Davis V D 9/26/2017 Introduction Division Head.- 1011012017 Council -Hearing Mark Personius • I i — (7 SEP 19 2017 WHATCOM COUNTY Dept. Head: Sam � n` / ✓ /'7 Prosecutor: Karen Frakes Purchasing/Budget: C (+O U N C I L Executive: Jack Louws TITLE OF DOC NT.- Fourth Interim Ordinance adopting amendments to the Whatcom County Comprehensive Plan and Whatcom County Code Title 15 Buildings and Construction, Title 20 Zoning, Title 21 Land Division Regulations, and Title 24 Health Code, relating to water resources. ATTACHMENTS: Memorandum Draft Ordinance SEPA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( x ) Yes () NO SEPA review completed? ( x ) 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.) Fourth Interim Ordinance adopting amendments to the Whatcom County Comprehensive Plan and Whatcom County Code Title 15 Buildings and Construction, Title 20 Zoning, Title 21 Land Division Regulations, and Title 24 Health Code, relating to water resources. COMMITTEE ACTION.• COUNCILACTION. 9/26/2017: Introduced 7-0 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. 176 WHATCOM COUNTY Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226-9097 360-778-5900, TTY 800-833-6384 360-778-5901 Fax Memorandum ).E. "Sam" Ryan Director TO: The Honorable Jack Louws, Whatcom County Executive The Honorable Whatcom County Council FROM: Gary Davis, AICP, Senior Planner 6-1-0 THROUGH: Mark Personius, AICP, Assistant Director 0-fP DATE: September 12, 2017 SUBJECT: Fourth Interim Ordinance - Water Resources A fourth interim ordinance relating to development permits and water resources is scheduled for introduction on September 26, 2017, and for public hearing on October 10. The third interim ordinance, adopted on April 18, will expire October 30, 2017. If adopted for the allowed maximum of six months, this fourth interim ordinance would be in effect until April 2018. The code amendments in the proposed fourth interim ordinance are identical to those in the third. As with the third, this ordinance would require Whatcom County to verify the existence of adequate water supply in terms of water quality, quantity, and legal availability prior to accepting applications for project permits that require potable water, and applicants would be required to prove legal availability through one of several options, including a water right permit, letter from a public water purveyor stating the ability to provide water, documentation of an adequate rainwater catchment system, a study showing no impairment of senior water rights, a mitigation plan, or proof that the permit -exempt withdrawal would be in the Samish River watershed, or in Point Roberts, Eliza Island, or Lummi Island. At the time the County Council adopted the third interim ordinance, they also adopted Resolution 2017-019, which urged the state legislature to amend the Growth Management Act to resolve issues posed by the Hirst decision and other recent Supreme Court rulings. That resolution stated in part: The County is supportive of legislation that would allow counties to rely on state - adopted instream flow rules to determine legal water availability when such rules include a Department of Ecology mitigation program for permit exempt wells in 1 177 closed basins that provides an overall net ecological benefit within the same closed basin. Such mitigation plans may include: • A fee -in -lieu of mitigation payment option for permit exempt wells in closed basins for affected permit applicants, which would allow permits to proceed while state and counties provide for the actual timely instream flow mitigation. • Allow counties to condition permits to limit daily use of state permit exempt groundwater withdrawals to less than 5000 gallons per day and for specific purposes. • Allow use of unexercised municipal water rights for mitigation purposes. o Allow for an "out -of -kind" instream flow impairment mitigation option that provides an overall net ecological benefit within the same sub -basin. • Provide financial assistance for developing public rural water supplies, mitigation projects and/or water banks. The County is already taking actions to support delivery of water to affected rural areas. In and of themselves, they do not constitute a GMA compliance path for resolution of the Hirst case. But they are an important component of the County's overall compliance strategy. These actions include: • Consider designating Economic Development Investment (EDI) Funds to help support rural water purveyors extension of service. • Examine potential regulatory actions to allow transfer of development rights (TDRs) from areas outside public water system service areas to those within. • Identify and support technical assistance outreach to public water systems that request it to improve service delivery and water use efficiency. • Accelerate data collection and analysis to map existing public water system infrastructure assets and identify areas within existing retail water service areas that are likely to be able to provide "timely and reasonable" water service when requested. • Continue coordinating with the PUD and other jurisdictions and water purveyors to research, evaluate and recommend long term water supply and water resource management solutions for Whatcom County. To date, the legislature has not adopted any legislation addressing water availability issues, making adoption of another interim ordinance necessary in order for Whatcom County to continue to comply with the Hirst decision in the short term. Anticipating the expiration of the fourth interim ordinance in early 2018 - before the end of the next regular session of the legislature - the County must consider its options for a solution independent of a legislative "fix." There are at least two 178 2 options similar to those discussed in the legislature this year that the Council may wish to consider : (1) Individual on -site "net -zero" mitigation, whereby the consumptive portion of the water use is mitigated from a cistern that discharges to an infiltration structure. The cistern water would be supplied by rainwater catchment or trucked from an approved water purveyor. (2) A "fee -in -lieu" payment strategy, as outlined in Resolution 2017-019. However, lacking state enabling legislation, there are significant legal, fiscal, administrative and inter -governmental challenges to implementing this approach at the local level that would need to be addressed. As for the longer -term course of action after adoption of the fourth interim ordinance, County staff has identified the following options for discussion and consideration: Option 1 - Adopt the current interim water resources ordinance as a permanent ordinance. • Would maintain and make permanent the strict hydro -geologic impairment analysis and mitigation requirements of the interim water resources ordinance. • Should result in GMA compliance on water quantity issues in the Hirst case. Option 2 - Continue to adopt interim water resources ordinances for another 6 or 12 months. • Would maintain the stringent impairment review and hydro -geologic analysis and mitigation requirements of the existing interim water resources ordinance until a state legislative fix is adopted in 2018. • County would stay engaged with the Legislature and the Governor's Office to spur legislative action. • Would require requesting GMHB continuance of compliance hearing date until sometime in 2018. Option 3 - Pursue settlement with the Hirst petitioners. • Assumes there will be no permanent state legislative solution on Hirst. So Whatcom County -indeed all counties in the state —will be responsible for satisfying the Supreme Court's decision on their own. • Would explore a Nooksack Basin -only solution to the Hirst case to be negotiated between the County and the petitioners and subject to the approval of the GMHB. 3 179 • Would require requesting GMHB continuance of compliance hearing date and adopting another interim water resources ordinance while negotiations occur. Staff can discuss these options with the County Council on October 10. If you have questions regarding the proposed ordinance please contact Gary Davis at extension 5931. Attachments: Draft Ordinance, Proposed Amendments 180 4 9-26-2017 ORDINANCE NO. PROPOSED BY: INTRODUCTION DATE: Planning 9/26/2017 AN INTERIM ORDINANCE ADOPTING AMENDMENTS TO THE WHATCOM COUNTY COMPREHENSIVE PLAN AND THE WHATCOM COUNTY CODE TITLE 15 BUILDINGS AND CONSTRUCTION, TITLE 20 ZONING, TITLE 21 LAND DIVISION REGULATIONS, AND TITLE 24 HEALTH CODE, RELATING TO WATER RESOURCES WHEREAS, an October 6, 2016 Washington State Supreme Court decision (Whatcom County, Hirst vs. Western Washington Growth Management Hearings Board, No. 91475) has found that Whatcom County's Comprehensive Plan does not comply with the Growth Management Act (GMA) requirements for protecting water resources; and WHEREAS, RCW 36.70A.070(1), requires that the land use element of a county comprehensive plan "shall provide for protection of the quality and quantity of groundwater used for public water supplies."; and WHEREAS, RCW 36.70A.070(5)(c)(iv) requires that the rural element of a county comprehensive plan "shall include measures that apply to rural development and protect the rural character of the area, as established by the county, by:... protecting critical areas ... and surface water and groundwater resources."; and WHEREAS, RCW 19.27.097(1) states: "Each applicant for a building permit of a building necessitating potable water shall provide evidence of an adequate water supply for the intended use of the building. Evidence may be in the form of a water right permit from the department of ecology, a letter from an approved water purveyor stating the ability to provide water, or another form sufficient to verify the existence of an adequate water supply. In addition to other authorities, the county or city may impose conditions on building permits requiring connection to an existing public water system where the existing system is willing and able to provide safe and reliable potable water to the applicant with reasonable economy and efficiency. An Page 1 of 5 181 application for a water right shall not be sufficient proof of an adequate water supply."; and WHEREAS, RCW 19.27.095(1) states: "A valid and fully complete building permit application for a structure, that is permitted under the zoning or other land use control ordinances in effect on the date of the application shall be considered under the building permit ordinance in effect at the time of application, and the zoning or other land use control ordinances in effect on the date of application."; and WHEREAS, RCW 58.17.110(2) requires that "A proposed subdivision and dedication shall not be approved unless the ... county legislative body makes written findings that... appropriate provisions are made for... potable water supplies..."; and WHEREAS, RCW 58.17.170(2) states that lots in a long subdivision "shall be a valid land use notwithstanding any change in zoning laws for a period of seven years from the date of filing if the date of filing is on or before December 31, 2014, and for a period of five years from the date of filing if the date of filing is on or after January 1, 2015," and, "Any lots in a final plat filed for record shall be a valid land use notwithstanding any change in zoning laws for a period of ten years from the date of filing if the project is not subject to requirements adopted under chapter 90.58 RCW and the date of filing is on or before December 31, 2007."; and WHEREAS, Whatcom County Code (WCC) Chapter 15.04 specifies information required for a complete building permit application; and WHEREAS, WCC Chapter 20.97 provides definitions of terms used in the code; and WHEREAS, WCC Chapters 21.04 and 21.05 contain requirements for water supply in short subdivisions and long subdivisions, respectively; and WHEREAS, WCC Chapter 24.11 contains requirements for drinking water; and WHEREAS, Whatcom County adopted Ordinance 2012-032, amending its Comprehensive Plan to adopt by reference existing development regulations regulating ground water withdrawals, adding Policy 2DD-2.C.3.6, which adopts by reference WCC 21.04.090 and 21.05.080, and Policy 2DD- Page2of5 182 2.C.3.7, which adopts by reference WCC 24.11.050 and 24.11.060; and WHEREAS, because Comprehensive Plan Policy 2DD-2.C.3.6 adopts by reference WCC 21.04.090 and 21.05.080, and Policy 2DD-2.C.3.7 adopts by reference WCC 24.11.050 and 24.11.060, any amendments to these WCC provisions are also amendments to the Comprehensive Plan; and WHEREAS, the Growth Management Hearings Board (Board) found the amended Comprehensive Plan lacked the required measures to protect water resources (GMHB Case No. 12-2-0013); and WHEREAS, on October 6, 2016, the State Supreme Court (Court), in reversing a Court of Appeals decision, upheld the Board's decision that the County's Comprehensive Plan does not satisfy the GMA requirements to protect water availability, and stated, "We hold that the Board properly concluded that the GMA requires counties to make determinations of water availability."; and WHEREAS, the Court stated, "...the GMA places the burden on counties to protect groundwater resources, and requires counties to assure that water is both factually and legally available before issuing building permits."; and WHEREAS, the Court stated, "...The county's policies incorporate WCC provisions that do not allow water to be withdrawn from 'an area where [the Department of Ecology] has determined by rule that water for development does not exist.' ...these ordinances further provide that an application for a permit -exempt appropriation will be approved without any analysis of that withdrawal's impact on instream flows. The Board found that these provisions result in water withdrawals from closed basins and senior instream flows —flows that the record indicated drop below the minimum levels 100 days out of the year. The Board properly held that this conflicts with the requirement placed on counties to protect water availability under the GMA..."; and WHEREAS, Chapter 173-501 WAC Instream Resources Protection Program - Nooksack Water Resource Inventory Area (WRIA) 1 identifies water bodies in Whatcom County that are closed or partially closed to further appropriation, by listing their status as "closure," "partial year closure," "low flow," or "minimum flow,"; and Page 3of5 183 WHEREAS, on October 25, 2016 Whatcom County adopted Ordinance 2016-048, an emergency moratorium on the filing, acceptance, and processing of new applications for project permits for uses that rely on permit -exempt groundwater withdrawals within a closed or partially closed basin, to allow the County time to review its Comprehensive Plan and development regulations in light of the Supreme Court ruling, and to draft and enact the necessary amendments as soon as feasible; and WHEREAS, RCW 36.70.790 and RCW 36.70.795 allow for adoption of interim official controls as long as a public hearing is held within 60 days of adoption; and WHEREAS, on December 6, 2016 the County Council adopted Ordinance 2016-066, an interim ordinance adopting amendments to the Whatcom County Comprehensive Plan and WCC Title 15, Title 20, Title 21, and Title 24 relating to water resources, which is effective until March 18, 2017, and the County has applied the provisions of the ordinance to project permit applications relying on new permit -exempt groundwater withdrawals; and WHEREAS, on March 7, 2017 the County Council adopted Ordinance 2017-008, a second interim ordinance; and WHEREAS, on April 18, 2017 the County Council adopted Ordinance 2017-008, a third interim ordinance, which is effective until October 30, 2017; and WHEREAS, a fourth interim ordinance is required to allow the County time to pursue a permanent legislative solution to the issues raised by the Court decision, and to provide clarity to project permit applicants in the meantime; and WHEREAS, in accordance with RCW 36.70A.106 Whatcom County Planning and Development Services notified the Department of Commerce of the proposed interim amendment; and WHEREAS, this ordinance shall be effective for not longer than six months following its effective date, but may be renewed for one or more six month periods if subsequent public hearings are held and findings of fact are made prior to each renewal. Page 4 of 5 im WHEREAS, the County Council is scheduled to hold a public hearing on this issue on October 10, 2017; NOW, THEREFORE, BE IT ORDAINED that the Whatcom County Council adopts the above "WHEREAS" recitals as findings of fact in support of it action as required by RCW 36.70A.390 BE IT FURTHER ORDAINED by the Whatcom County Council that the Whatcom County Comprehensive Plan and the Whatcom County Code are hereby amended, on an interim basis, as shown in Exhibit A; and BE IT FURTHER ORDAINED that this ordinance shall be effective for not longer than six months following its effective date. ADOPTED this day of WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: " r_��4 t----�� Civil Deputy Prosecutor , 2017. Barry Buchanan, Chairperson Jack Louws, Executive ( ) Approved ( ) Denied Date: Page 5of5 185 September 26, 2017 EXHIBIT A Whatcom County Code AMENDMENTS TITLE 15 BUILDINGS AND CONSTRUCTION Chapter 15.04 BUILDING CODES 15.04.020 Amendments to the International Building Code. A. The IBC is amended as follows: 4. Section 105.3, Application for Permit, is amended to include the following: To obtain the permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. 1 :o September 26, 2017 6. Be signed by the applicant, or the applicant's authorized agent. 7. Include signature by the applicant or the applicant's authorized agent of a statement for guarantee of fee payment. The statement must be signed in the presence of County staff or staff will provide a statement which includes verification of signature by a licensed notary public. 8. Provide verification of approval to connect to a public sewer system or a septic system installation permit issued by the Whatcom County Environmental Health Department for any permit application that requires sewage disposal. The approval to connect or issued septic system permit shall be specific to the project application. 9. For a building necessitating potable water, provide evidence of an adequate water supply for the intended use of the buildina, as defined in 20.97.451 WCC. 10. Provide additional data and information in the designated sequence, as required by the Building Official. 15.04.030 Amendments to the International Residential Code. C. Section R105.3, Application for permit, is amended to include the following: To obtain the permit, the applicant shall first file an application therefor in writing on a form furnished by the department of building safety for that purpose. Such application shall: 1. Identify and describe the work to be covered by the permit for which application is made. 2. Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. 3. Indicate the use and occupancy for which the proposed work is intended. 4. Be accompanied by construction documents and other information as required in Section 107. 5. State the valuation of the proposed work. N 187 September 26, 2017 6. Be signed by the applicant, or the applicant's authorized agent. 7. Include signature by the applicant or the applicant's authorized agent of a statement for guarantee of fee payment. The statement must be signed in the presence of County staff or staff will provide a statement which includes verification of signature by a licensed notary public. 8. Provide verification of approval to connect to a public sewer system or a septic system installation permit issued by the Whatcom County Environmental Health Department for any permit application that requires sewage disposal. The approval to connect or issued system permit shall be specific to the project application. 9. For a building necessitating otable water,provide evidence of an ade uate water supply for the intended use of the buiildinr , as defined in 20.97.451 WCC. 10. Provide additional data and information in the designated sequence, as required by the Building Official. TITLE 20 ZONING Chapter 20.84 VARIANCES, CONDITIONAL USES, ADMINISTRATIVE APPROVAL USES AND APPEALS 20.84.200 Conditional uses. 20.84.220 Criteria. Before approving an application for a conditional use permit, the hearing examiner shall ensure that any specific standards of the use district defining the conditional use are fulfilled, and shall find adequate evidence showing that the proposed conditional use at the proposed location: 3 Ho September 26, 2017 (5) Will be serviced adequately by necessary public facilities such as highways, streets, police and fire protection, drainage structures, refuse disposal, adequate water supply as defined in WCC 20.97.451, aid -sewers, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services. Chapter 20.97 DEFINITIONS 20.97.451 Water Supply, Adequate "Adequate water supply"' means a supply of potable water ade uate to serve a land use associated with a roject permit in terms of quality, quantity,and legal availability, as documented by a water availability notification signed by the director of the Whatcom County Health Department. per WCC 24.11.060. TITLE 21 LAND DIVISION REGULATIONS Chapter 21.04 SHORT SUBDIVISIONS 21.04.090 Water supply. (1) Water from a public water system(s) shall be provided to serve each lot in a short plat, except as specified in subsection (2) of this section. (2) For a residential short subdivision, private water supplies may be utilized under the following circumstances: (a) All lots served by the private water supplies are five acres or larger, unless smaller because of clustering. If the lots are smaller because of clustering, the gross density of the short subdivision shall not exceed one dwelling per five acres; and (b) The withdrawal is not from a defined portion of an aquifer of known regional ground water contamination that exceeds state standards and that al i• September 26, 2017 has been identified by the director of the health department and confirmed by the board of health; and (c) The water source is ground water -and not surface water; and (d) The applicant demonstrates that adequatewater supply exists to serve the subdivision, as defined in 20.97.451 WCC; and e The short subdivision is not located within the designated water service area of a public water purveyor that is shown on the coordinated waters stem Ian map or within one-half mile of an existing water purveyor's water line (fd) Tighe short subdivision is located within the designated water service area of a public water purveyor that is shown on the coordinated water system plan map or within one-half mile of an existing water purveyor's water lines and: (i) The purveyor water -cannot be -provided water service to the applicant within 120 calendar days of submitting a written request and applicable fees to the purveyor unless specified otherwise by the hearing examiner or county council; or (ii) The purveyor states in writing that it is unable or unwilling to provide the service; or (iii) The purveyor and applicant are unable to achieve an agreement on the schedule and terms of provision of service within 120 calendar days. (3) If a public water supply is required, all the requirements of Chapter 246-290 WAC, Group A Public Water Systems, or Chapter 246-291 WAC, Group B Public Water Systems, must be met prior to final plat approval. CHAPTER 21.05 PRELIMINARY LONG SUBDIVISIONS 21.05.080 Water supply. (1) Water from a public water system(s) shall be provided to serve each lot in a subdivision, except as specified in subsection (2) of this section. (2) For a residential subdivision with six or fewer residences, private water supplies may be utilized under the following circumstances: (a) All lots served by the private water supplies are five acres or larger, unless smaller because of clustering. If the lots are smaller because of clustering, the gross density of the subdivision shall not exceed one dwelling per five acres and the number of clustered lots shall not exceed four; and 5 190 September 26, 2017 (b) The withdrawal is not from a defined portion of an aquifer of known regional ground water contamination that exceeds state standards and that has been identified by the director of the health department and confirmed by the board of health; and (c) The water source is ground water and not surface water; and (d) If the subdivision is within the designated water service area of a public water purveyor that is shown on the coordinated water system plan map or within one-half mile of an existing water purveyor's water lines: (i) The water cannot be provided to the applicant within 120 calendar days of submitting a written request and applicable fees to the purveyor unless specified otherwise by the hearing examiner or county council; or (ii) The purveyor states in writing that it is unable or unwilling to provide the service; or (iii) The purveyor and applicant are unable to achieve an agreement on the schedule and terms of provision of service within 120 calendar days. (3) The applicant shall demonstrate that adequate water FigIt(-s�5_g ly exists to serve the subdivision, as defined in 20.97.451_ WCC,--emc-ept--wbe�watefi�+drawa4 is ex et pt4rom-o-bC (4) If a Group B public water system is created to serve the subdivision, the number of wells shall be limited to the minimum needed to serve the water needs of the subdivision as determined by the health department. (5) If a public water supply is required, all the requirements of Chapter 246-290 WAC, Group A Public Water Systems, or Chapter 246-291 WAC, Group B Public Water Systems, must be met prior to final plat approval. TITLE 24 HEALTH CODE Chapter 24.11 DRINKING WATER 24.11.050 General requirements. A. Applicants must submit all required forms, letters and documents to the director. 11 191 September 26, 2017 B. The director will consider applications for water availability proposing to use groundwater, spring water, surface water, sea water or rainwater. C. The director shall evaluate the availability of a public water system prior to approving the use of a private water system. If it is determined that a public water system is available and willing to provide water, the applicant must connect to that public water system when: 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 short subdivision or long subdivision that Whatcom County 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.110(4); or 4. The existing public water system has defined a "service area boundary" in accordance with the Whatcom County Coordinated Water System Plan which includes the property of the applicant. D. The director will only approve a private or Non Group B 2 party well for proposed short subdivisions or long subdivisions when analytical results of untreated water samples for primary inorganic or organic contaminants do not exceed a maximum contaminate level (MCL) adopted by Washington State Department of Health. E. Purveyors of public water systems and private water system applicants must comply with Washington State Department of Ecology water right requirements and must demonstrate that they have an adequate water supply for their proposed service per WCC 24.11.060. Compliance will include at a minimum, possession of a water right permit or certificate for: 1. All surface water sources excluding seawater. 2. All groundwater sources using more than 5,000 gallons per day. 3. Irrigating more than one-half acre of lawn or noncommercial garden. 24.11.060 Water availability required. Prior to issuance of a building permit or other project permits, the applicant must provide Whatcom County planningand development services evidence of adequate water supply as documented by a water availability notification signed by the director, except as described in subsection B. evidence to 1A hiat.-.om r_c.._inty-- aservices1 Ig The water availability notification shall document_a_supply of potable water adequate to serve a land use associated with a project permit in terms of quality, quantity,and legal availability. A. The applicant must provide evidence of legal availability in the form of: 1. A water right permit from the Department of Ecology, or 7 192 September 26, 2017 2. A letter from an approved public water purveyor with sufficient water rights, stating the ability to provide water, or 3. Documentation that water can be sugplied by_a rainwater catchment system approved by the Whatcom County Health Dgtpaftment,per Department of Ecology Policy 1017. B. Notwithstanding the provisions of subsection A for a newpermit-exem t groundwater withdrawal per RCW 90.44.050 the applicant must provide evidence of legal availability in the form of: 1. Documentation that the well site is located in the Samish River watershed or in Point Roberts Eliza Island or Lummi Island as shown in Figure 24.11.0604 or 2. A study prepared by a qualified h dro eolo ist licensed in the State of Washington demonstrating a proposed groundwater withdrawal would not impair a senior water righLincluding instream flows established in Chapter 173-501 WAC where a glicable, in accordance with current statutes and case law. Such documentation must be verified by the county either through consultation with the Department of Ecology, or a qualified technical review team appointed by the county. The county may require a third party review by an inde endent gualifled h droeolo ist if the county determines additional technical expertise is needed_. The cost of the third party review shall be borne by the County_; or 3. A mitigation plan prepared by a gualifled h dro eolo ist licensed in the State of Washington,_ and approved by Whatcom County. The plan shall include: a. Evidence that the proposed withdrawal with mitigation in place will not impair a senior water right, including instream flows established in Chapter 173-501 WAC where applicable, in accordance with current statutes and case law. Such documentation must be verified by the county either through consultation with the Department of Ecology, or a qualified technical review team appointed by the county. The county may require a third part review by an independent qualified h dro eolo ist if the count determines additional technical expertise is needed. The cost of the third party review shall be borne by the County. b. A monitoring and reporting plan including a quality_ assurance/quality control plan. c. Documentation adequate to demonstrate that the mitigation will remain in place for the duration of the impact, including, for W31 September 26, 2017 example financial assurances or documentation of ermanent dedication of water for mitigation our�oses. C. A water availability notification is not required for: 1. wing A project permit teat does not require potable water. 2. A project permit relying on apermit-exem t roundwater withdrawal er RCW 90.44.050 and proposing (a)a remodel of an existing building or b replacement of a demolished or removed building, but not proposing a change of use; however, such permits shall require current documentation of water qualit and quantity, as approved by the director._ A residential rn.-,.,., additmenal-bedreerns . E 3. A project permit relying on surface water withdrawal for potable water, and proposing a a remodel of an existing building or b replacement of a demolished or removed buildin either of which would increase the floor area by no more than 50 percent over that of the existing building; however, such permits shall require current documentation of water quality and -quantity, as approved by the director. PIDS determines f-rerneved building and th-e6uilding ill not ha- e-mafe- ee f s,px-rEe--t-haf}-4e-pfevieus building-. 194 September 26, 2017 0 0 N 3 Ol U. Q E Z 4) x w OP a co oE;: V N Q �V 1° ri V 'r a3 a 10 195 September 26, 2017 24.11.070 Determining adequacy of water supply for building permit applications proposing to use an existing public water system. A. Prior to director approval of evidence of an adequate water supply where the applicant proposes to obtain water from an existing public water system the applicant must: 1. Submit to the director, an Availability Notification for Public Water form (as amended) signed by an authorized representative of the water system proposing to serve water to the building. The authorized representative: a. Must indicate on the form that the water system will provide water to the proposed building. b. Must sign a statement that they have reviewed the system records and ensures that the water system complies with Chapters 246-290 and 246- 291 WAC and department requirements. B. The director will review the completed Availability Notification For Public Water (form) for approval. The director will approve the completed form if: 1. The applicant and the authorized representative met all the criteria listed on the form. 2. The purveyor of the water system has the approval from DOH or the department to provide water to the building. 3. The applicant has provided evidence of legal availability of water for the proposed project .per WCC 24.11.060. 24.11.080 Determining adequacy of water supply for of building permit applications proposing to create a new public water system. Prior to director approval of evidence of an adequate water supply, an applicant proposing to create a new public water system must comply with: A. Provisions of the Whatcom County Coordinated Water System Plan. B. Chapters 246-290 and 246-291 WAC, and all other applicable local and state regulations for public water supplies. C. The applicable sections of this chapter pertaining to public water supplies and water availability. 24.11.090 Determining adequacy of water supply for building permit applications proposing to use a well to serve one single-family dwelling or one single-family living unit. A. Prior to director approval of evidence of an ade uate water supply where the applicant proposes to use a private well, the applicant must: 1. Notify the director of the intent to use a well. 11 196 September 26, 2017 2. Request_ that the director conduct a site inspection and approve the proposed well site. B. U on reguest from the applicant, the director will conduct a site ins ection for the purpose of approving the location. If the director cannot approve a well location the director will deny the application and give the reasons for denial. C. If the director approves the well location the applicant shall submit a completed Water Availability Notification Private - 1 Home Well form as amended and all required documents to the director for approval. A. Prie e a+Pp4eaepeses te use a pr4.oate- Aff_4 _sub,,.�,,�t a eoff*eted Water- A. ..Si..b#j i-ien f]Fiyate 1 Herne W " fe— I -mended) ar..-1 �i.i �'y�-l�l$�fiEa-rivrr-r-rrPu«- �rren�-vrTi-r[ v a u i r u u regi ffe rf deeufnents te the diFecter for approval. BD. The director will review the completed form and required documents submitted by the applicant for approval. The director will approve the form if: 1. The applicant met all the criteria listed on the form. 2. The applicant submitted all of the required documents. 3. The applicant has provided evidence of legal availability of water for the proposed project per WCC 24.11.060. well site proposed by the applieant-dees net f !''kwit of an aFea where h-. determined by rthat water for development �'-es ya �� v . v v r- 24.11.100 Determining adequacy of water supply for building permit applications proposing to use a well to serve two single-family dwellings or two single-family living units. A. Prior to director approval of evidence of an adequate water supply where the applicant proposes to use a well to serve two single-family dwellings or two single- family living units, the applicant must: 1. Notify the director of the intent to use a well or wells. 2. Request that the director conduct a site inspection and approve the proposed well sites. B. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director cannot approve a well location the director will deny the application and give the reasons for denial. C. If the director approves the well locations the applicant shall submit a completed Water Availability Notification Non -Group B - 2 Home Well form (as amended) and all required documents for each well to the director for approval. 12 197 September 26, 2017 D. The director will review the completed form and required documents submitted by the applicant for approval. The director will approve the form if: 1. The applicant met all the criteria listed on the form. 2. The applicant submitted all of the required documents. 3. The applicant has provided evidence of legal availability of water for the proposed project perWC..0 24.11.060.-�e-well site proposed by the applbeafrt does met fall t has t- xisstr 11 24.11.110 Determining adequacy of water supply for building permit applications proposing to use a spring to serve one single-family dwelling unit or one single-family living unit. A. Prior to director approval of evidence of an adequate water supply where the applicant proposes to use a spring source, the applicant must: 1. Notify the director of the intent to use a spring. 2. Provide information to the director showing that they cannot drill an adequate well on their property. 3. Request that the director conduct a site inspection and approve the proposed location of the spring. B. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director does not approve the location the director will deny the application and give the reason for denial. C. If the director approves the location of the spring the applicant must submit a completed Water Availability Notification Private - 1 Home Spring form (as amended) and all required documents for approval by the director. D. The director will review the completed form and required documents for approval. The director will approve the application if: 1. The applicant met all the criteria listed on the form. 2. The applicant submitted all of the required documents. 3. The applicant has provided evidence of legal availability -of water for the proposed project per �W�CraC�24.11.060. The spring site proposed by the app�lT r a .-lees net faIrV'r O fi area ..L,...-e DGE_ ha determ-ned by rule that wateF fer development does not exist. 13 Ho September 26, 2017 24.11.120 Determining adequacy of water supply for building permit applications proposing to use a spring to serve two single-family dwelling units or two single-family living units. A. Prior to director approval of evidence of an adequate water supply where the applicant proposes to use a spring source, the applicant must: 1. Notify the director of the intent to use a spring. 2. Provide information to the director showing that an adequate well cannot be drilled on their property. 3. Request that the director conduct a site inspection and approve the proposed location of the spring. B. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director does not approve the location, the director will deny the application and give the reasons for denial. C. If the director approves the location of the spring the applicant must submit a completed Water Availability Notification - 2 Home Spring form (as amended) and all required documents for approval by the director. D. The director will review the completed form and required documents for approval. The director will approve the application if: 1. The applicant met all the criteria listed on the form. 2. The applicant submitted all of the required documents. 3. The applicant has provided evidence of legal availability of water for the proposed project per WCC24.11.0f0. The— P ring sites r-epesed-ley .� 1! within_ �....oF an area where D a'C h asthhgi.r�.. det Fu+e t at wate fer development dees not exist. 24.11.130 Determining adequacy of water supply for building permit applications proposing to use surface water, sea water or rainwater for one or two single-family dwelling units or two single-family living units. A. The director shall not approve use of surface water, sea water, or rainwater as evidence of an adequate water source unless the applicant: 1. Cannot obtain water from an existing public water supply. 2. Cannot use an approved source of groundwater from a well. 3. Could only use contaminated groundwater. B. Prior to director approval of evidence of adequate water supply the applicant must: 14 199 September 26, 2017 1. Meet all applicable requirements for surface water, sea water or rainwater treatment design, maintenance and operation contained in Whatcom County health and human services Water Availability FOr a Private SUFfaee ` ate Source (a FidediNotification as determined by the director. 2. Provide evidence of legal availability of water for the proposed project per WCC 24.11.060. Th��ee•-water-site Pt- r+&e all within the boundaries I an aFea -where DOE Le fr F develQpment 1 ie exexist. 3. Meet all other state and local regulations. 4. Sign and have recorded with the Whatcom County auditor's office the following documents: a. A document stating which contaminate the untreated source water exceeded. b. A document stating that the applicant has had a water treatment system designed that meets Whatcom County health and human services Water Availability Approval for a Surface Water Source (as amended), and secures a potable water supply for the building. c. A document stating that the applicant has installed a treatment system according to the design reviewed by the director and treated water sample results that verify system performance. d. A document stating that the applicant agrees to adhere to the operation, maintenance, and monitoring plan for the designed treatment system. e. A document stating that the applicant understands that the obligation to comply with treatment system design, installation, operation and monitoring lies with the applicant and not Whatcom County. f. When the public system is available, any person obtaining water from contaminated source must provide current test results showing water treatment is adequately maintaining water quality below maximum contaminant levels (MCL). If the quality does not meet the MCL, the applicant is required to hook up to a public system. 24.11.140 Determining adequacy of water supply for short subdivisions, long subdivisions or binding site plans proposing to use an existing public water system. A. Prior to director approval of availability of an adequate water supply where the applicant proposes to obtain water from an existing public water supply to service lots of a short subdivision, long subdivision, or a binding site plan the applicant must: 15 200 September 26, 2017 1. Provide to the director an Availability Notification for Public Water (as amended) form or a letter signed by an authorized representative of the water system proposing to serve water to each lot. The authorized representative of the public water system: a. Must indicate that the water system will provide water to each proposed lot. b. Must sign a statement that they have reviewed the system records and ensures that the water system is in compliance with Chapters 246-290 and 246-291 WAC and department requirements. B. The director will review the completed form or letter to determine the availability of adequate water. The director will make a determination of adequate water when: 1. The applicant and the authorized representative meet all the criteria listed on the form. 2. The purveyor of the water system has the approval from DOH or the department to provide water to the short subdivision, long subdivision or binding site plan, except for Group A water systems the following conditions also apply: a. DOH has issued a green operating permit to the purveyor; or b. DOH has determined that the purveyor significantly complies with Chapter 246-290 WAC 3. The applicant has provided evidence of legal availability of water for the proposed project per WCC 24.11.064. 24.11.150 Determining adequacy of water supply for short subdivisions, long subdivisions or binding site plans proposing to use a new public water system. Prior to director approval of availability of an adequate water supply where the applicant proposes to create a new public water supply to service lots of a short subdivision, long subdivision, or a binding site plan the applicant must comply with: A. Provisions of the Whatcom County Coordinated Water System Plan. B. Chapters 246-290 and 246-291 WAC, and all other applicable local and state regulations for public water supplies. C. The applicable sections of this chapter pertaining to public water supplies and water availability. 24.11.160 Determining adequacy of water supply for short subdivisions or long subdivisions proposing to use a private well or private wells to serve one single-family dwelling or one single-family living unit. 16 201 September 26, 2017 A. Prior to director approval of availability of an adequate water supply where the applicant proposes to use a private well or private wells to service lots of a short subdivision or long subdivision the applicant must: 1. Notify the director of the intent to use a private well or wells. 2. Request that the director conduct a site inspection and approve the proposed well sites. B. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director cannot approve a well location the director will deny the application and give the reasons for denial. C. If the director approves the well locations the applicant shall submit a completed Subdivision Water Availability form (as amended) and all required documents for each well to the director for approval. D. The director will review each completed form and required documents for approval. The director will approve the availability of adequate water when: 1. The applicant met all the criteria listed on the form. 2. The applicant submitted all of the required documents. 3. The applicant has provided evidence of legal availability of water for the proposed project per WCC 24.11.660.-The well si''& er- well sites pFepesed by fl yea` has- deteFFnine©by ru e that water far_.Jevek)p nt .d.-.e net .- xi-1. 24.11.170 Determining adequacy of water supply for short subdivisions or long subdivisions proposing to use a well to serve two single-family dwellings or two single-family living units. A. The applicant shall create a Group B Public water supply as defined in Chapter 246-291 WAC when WCC Title 21 requires the applicant to provide public water service to each lot. This includes a water system where one well services two lots. B. Prior to director approval of availability of an adequate water supply where the applicant proposes to use one well to service two lots of a short subdivision or long subdivision when public water is not required the applicant must: 1. Notify the director of the intent to use a well or wells. 2. Request that the director conduct a site inspection and approve the proposed well sites. C. Upon request from the applicant, the director will conduct a site inspection for the purpose of approving the location. If the director cannot approve a well location the director will deny the application and give the reasons for denial. 17 202 September 26, 2017 D. If the director approves the well locations the applicant shall submit a completed Subdivision Water Availability form (as amended) and all required documents for each well to the director for approval. E. The director will review each completed form and required documents for approval. The director will approve the availability of adequate water when: 1. The applicant met all the criteria listed on each of the forms. 2. The applicant submitted all of the required documents. 3. The apmlicant has provided evidence of legal availability of water for the propased _ rp oject per WCC 24.11.060. Th� ..tee er- we" sites ' OPeSed� �"4eanC es not fal—Yithithe G...-ar'es ef an arear-e 11E has �de— e that wa er f-OFevel efgt does net exist. 18 203 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 299 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 10/3/2017 10/10/2017 Council Division Head: Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Appt of two councilmembers to the Reserve Officers Retirement Board of Trustrees 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 itent 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.) Appointment of two councilmembers to serve on the Reserve Officers Retirement Board of Trustees 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. NIA MEMORANDUM Whatcom County Sheriffs Office To Whatcom County Council Chair Barry Buchanan From Sheriff Bill Elfo Date September 27, 2017 Subject Reserve Officers -Board of Trustees Barry, Last year, Council adopted Ordinance 2016-366 effectuating the intent of RCW 41.24 authorizing the County participate in the Firefighters and Reserve Officer's Pension Act. The statute requires: Reserve officers —Board of trustees. A municipality that adopts appropriate legislation extending the relief provisions of this chapter to its reserve officers shall create a reserve officer board of trustees to administer this chapter composed as follows: (1) A county reserve officer board of trustees shall consist of the following five members: (a) Two,members of the colinty Iggislative authorityand the county auditor, or their designees; (b) the sheriff; and (c) one reserve Qfficef-wlo is elected by r oseryp officers of the county for an annual one-year term. I would like to formally establish the Board of Trustees and respectfully request that the Council designate two council members to serve on this Board. I anticipate that this will be a very "light load" in terms of meetings and business. Thank you! cc: County Executive Jack Louws County Auditor Debbie Adelstein 205 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 -- 277 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 9/18/2017 9/26/2017 Introduction Division Head: 10/10/2017 Council Dept. Head: Prosecutor: Purchasin /Bud et• Executive. TITLE OF DOCUMENT: Appointment to Open Space Advisory Committee ATTACHMENTS: Application 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.) Applicant for Open Space Advisory Board, - Paul Stermer This committee serves in an advisory capacity to the county assessor in implementing assessment guidelines as established by the department of revenue for the assessment of open space, farms and agricultural lands, and timber lands COMMITTEE ACTION: COUNCIL ACTION: 9/26/2017: Introduced 7-0 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. 206 �f ate, i L NaDean Hanson dk, From: noreply@civicplus.com Sent: Friday, September 15, 2017 6:00 PM To: Ben Glassett; Jill Nixon; Suzanne Mildner; Kristi Felbinger; Dana Brown -Davis; Executive; NaDean Hanson Subject: Online Form Submittal: Board and Commission Application Board and Commission Application Step 1 Primary Telephone 3607701501 Secondary Telephone Field not completed. Email Address odstermer0amail.com Step 2 ......... _............ 1 207 1. Name of Board or Committee 2. Do you meet the residency, employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? 4. Are you a US citizen? 5. Are you registered to vote in Whatcom County? 6. Have you declared candidacy (as defined by RCW 42.17A.055) for a paid elected office in any jurisdiction within the county? 7. Have you ever been a member of this Board/Commission? 8. Do you or your spouse have a financial interest in or are you an employee or officer of any business or agency that does business with Whatcom County? You may attach a resume or detailed summary of experience, qualifications, & interest in response to the following questions 9. Please describe your occupation (or former occupation if retired), qualifications, professional and/or community activities, and education Open Space Advisory Committee Yes No No Field not completed. .... ... .__ I have been employed at the Phillips 66 refinery for 25 years and held a variety of assignments including chemist, energy metrics and for the last decade or more commercial economics. I have BS degrees in Chemistry, Biochemistry from UW, a BA degree in small business economics from WSU and an MBA from WWU. Currently serve on the Opportunity council board; where I am chair of the finance committee and board treasurer +KID:? 2 10. Please describe why you're interested in serving on this board or commission References (please include daytime telephone number): Signature of applicant: Place Signed / Submitted ... _...... as well as serving on the executive committee. I have a variety of skills and education that may be useful to this committee. I am an outdoor enthusiast, business person and have an interest in the future of Whatcom county land use. Field not completed. Email not displaying correctly? View it in your browser. 3 209 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-285 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assi ned to. AH 10/10/17 Council Originator: _ C7 (�� ��_=' ( \ Introduction Division Head: %( 1 1 WHNTCOM COUNTY COUNCIL 10/24/17 Hearin 9 Dept. Head:Y -7 %3 1/ Prosecutor: Qg�l���/ Purchasin /Bud et: Executive: / TITLE OF DO NT. Resolution Approving the Sale of a Portion of Surplus Real Property ATTACHMENTS. 1. Cover Memo 2. Resolution 3. Map of Site SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing ? ( X ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) 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.) Per RCW and Whatcom County Code, the Whatcom County Property Management Committee has recommended the sale of a portion of Whatcom County real property known as Y Road Landfill, tax parcel number 380419 214168 0000, subject to the completion of a boundary line adjustment, as surplus property. The property is approximately 4.624 acres, and is to be sold by sealed bid with the minimum sale price of $32,368 (thirty two thousand three hundred sixty eight 00/100 dollars) 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. 210 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS DIRECTOR CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 778-6200 FAX: (360) 778-6201 www. whatcomcountyx To: The Honorable County Executive Jack Louws and Honorable Members of the County Council Through: Jon Hutchings, Director From: Andrew Hester, Real Estate Coordinator A� Date: September 6, 2017 Re: Resolution Approving the Sale of a Portion of Surplus Real Property Enclosed is a resolution requesting the approval of the sale of a 4.624 acre portion of surplus Whatcom County real property. Requested Action Public Works respectfully requests that the Whatcom County Council hold a public hearing and take action on the proposed resolution to approve the sale of surplus Whatcom County real property. Background and Purpose Per RCW and Whatcom County Code, the Whatcom County Property Management Committee has recommended the sale of a portion of Whatcom County real property known as Y Road Landfill, tax parcel number 380419 214168 0000, subject to the completion of a boundary line adjustment, as surplus property. The property is approximately 4.624 acres, and is to be sold by sealed bid with the minimum sale price of $32,368 (thirty two thousand three hundred sixty eight 00/100 dollars). Funding Amount and Source The successful bidder is responsible for paying all costs associated with the sale of property. Please contact me at extension 6216 if you have any questions or concerns regarding this resolution. Encl. 211 I SPONSORED BY: 2 PROPOSED BY: Public Works 3 INTRODUCTION DATE: 4 RESOLUTION NO. 5 APPROVING THE SALE OF A PORTION OF SURPLUS REAL PROPERTY 6 7 8 WHEREAS, RCW 36.34.005 authorizes counties to establish comprehensive procedures for the 9 management of county property, including the sale of surplus real estate where it is found to be in the best 10 interest of a county to sell same; and 11 12 WHEREAS, in Whatcom County Code (WCC), Chapter 1.10, Whatcom County has established 13 those procedures; and 14 15 WHEREAS, the Whatcom County Property Management Committee has recommended the sale of 16 a 4.624 acre portion of Whatcom County real property known as Y Road Landfill, tax parcel number 17 380419 214168 0000, subject to the conditions listed in Exhibit B, and subject to the completion of a 18 boundary line adjustment to the highest bidder who could legally purchase the property, by sealed bid, for 19 not less than the appraisal amount as listed below, plus costs; and 20 21 WHEREAS, WCC 1.10.310 authorizes the Council, after receipt of estimated market values from 22 the Property Management Committee, to establish limitations and conditions upon sale of property, such as 23 the minimum price for said property and whether or not a contract will be allowed, or if it will be a cash 24 price; and 25 26 WHEREAS, WCC 1.10.310, as well as state law, allows the County to reserve from the sale oil, 27 gas, timber, mineral aggregates and other resources if the Council finds that it is the best interest of the 28 public to reserve these; 29 30 NOW, THEREFORE, BE IT RESOLVED that it is in the best interest of the County to sell a 31 4.624 acre portion of the Y Road Landfill, tax parcel number 380419 214168 0000, as depicted on Exhibit 32 A, subject to the conditions listed in Exhibit B, and subject to the completion of a boundary line 33 adjustment to the highest bidder who can legally purchase the property by sealed bid; and 34 35 BE IT FURTHER RESOLVED that the minimum bid for the property listed above shall be no less than 36 the appraised value of $32,368.00 (thirty two thousand three hundred sixty eight 00/100 dollars) and that 37 Buyer will pay all costs associated with the boundary line adjustment and any additional Buyer closing 38 costs normally associated with such a real property transaction; and 39 40 BE IT FURTHER RESOLVED that transfer of said real property be by quitclaim deed and that Buyer will 41 represent and warrant in writing to Seller Whatcom County, that Buyer has thoroughly inspected and 42 evaluated the properties for sale, to Buyer's complete satisfaction and Buyer accepts the properties AS IS 43 with full knowledge of potential liability the Buyer could incur for any environmental hazards or 44 conditions affecting the properties. Buyer agrees that the purchase price of the properties reflects the 45 agreed upon value of the properties AS IS, taking into account the aforementioned disclosures; and 46 47 48 212 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 BE IT FURTHER RESOLVED that said purchase of said real property shall not be allowed under contract and shall be paid either in cash, certified check or money order to the Whatcom County Treasurer at the completion of the boundary line adjustment process; and BE IT FURTHER RESOLVED that the Whatcom County Treasurer being hereby directed to sell said property at no less than the appraised value of $32,368.00 (thirty two thousand three hundred sixty eight 00/100 dollars), that said sale shall take place in accordance with the duties as established in WCC 1.10.290-1.10.390 and that if the minimum bid is not reached, the properties shall not be sold; and BE IT FURTHER RESOLVED that the sale will not be completed until Buyer has completed the boundary line adjustment process and paid all fees and costs associated with it and has paid the Whatcom County Treasurer the bid award amount. APPROVED this day of , 2017 ATTEST: Dana Brown -Davis, County Clerk APPROVED AS TO FORM: Chief Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 213 214 ti o � ,L9"Z99-M.BO-,££,LS N �_ o U) � o ° q N) ' WLU W N N a f_n w a p0) (3VO8 „k. 1/0 171ng gy I Z 0 �O�OL6hOZ# 5021 z g °- 4 to 8 t a d1 W 'S z > Zd o OU m I Q m OD ZE Ib p �t Z ro o N w S > N b P� W O ti O N U a a0 p �I N oo p N a p t a1 d e z1 °_ N s z O 2 e p F z W ti - '7 m N d I I N N 0 N ¢ O t N `� c c pm z a z Ul or:> ¢ t uGOi O z m Z 2 p UU (n m V 5: aCL R 0 2 q U p m m a� ci .. ''.. <c�v q w Q •- 8 a •- IX coO (3N/7107 03SO(I4't1Idr,,I4 /9S - d! 6S , ZI' . IS _ _ _ — to- #U) r Joao O O O Z W a`� — �, p \ a N M U O W N111 IX31.9G'099 M. V J o i o Cif ~a Iw a o= O� O� anwy ¢z O a0 o p z o, M ern F N O O ZOW O qqo.�� m X m� O M r> G v^I� WJdz a ^5 }?, W m¢ Z U h�l > w 0 2 U U. _ y r-, m a a Q v a orn a v W ML) w ni U � a N U N F tt X Z W H t7m-' w ¢ z zw J Q w z W U w>� �j Z Z i _ ,bb'099 w � o AA.x ,L£ , LS � U `�6' k 215 Exhibit B Notice Language Subject property is within or near a former landfill site on which a variety of activities may occur that are not compatible with residential development or other land uses. You may be subject to inconveniences or discomforts arising from such operations including but not limited to noise, odors, fumes, dust, smoke, and the operation of machinery. Whatcom County will not consider the continued or future use of the site to be a nuisance for those inconveniences or discomforts arising from operations, if such operations are consistent with commonly accepted good management practices and otherwise comply with local, state, and federal laws. Hold Harmless Language Grantee is purchasing the property on an "as -is with all faults" basis with any and all patent and latent defects, including those relating to the environmental condition of the property, and is not relying on any representation or warranties, express or implied, of any kind whatsoever from Grantor as to any matters concerning the property, including, but not limited to the physical condition of the property; zoning status; operating history or projections or valuation; compliance by the property with Environmental Laws (defined below) or other laws, statutes, ordinances, decrees, regulations and other requirements applicable to the property; the presence of any Hazardous Substances (defined below), wetlands, asbestos, lead, lead -based paint or other lead -containing structures, urea formaldehyde, or other environmentally sensitive building materials in, on, under, or in proximity to the property; the condition or existence of any of the above -ground or underground structures or improvements, including tanks and transformers in, on or under the property; the condition of title to the property, and the leases, easements, permits, orders, licenses, or other agreements, affecting the Property (collectively, the "Condition of the Property"). Grantee represents and warrants to Grantor that Grantee has not relied and will not rely on, and Grantor is not liable for or bound by, any warranties, guaranties, statements, representations or information pertaining to the property or relating thereto (including specifically, without limitation, property information packages distributed with respect to the property) made or furnished by Grantor, the manager of the property, or any real estate broker or agent representing or purporting to represent Grantor, to whomever made or given, directly or indirectly, orally or in writing. Grantee assumes the risk that Hazardous Substances or other adverse matters may affect the property that were not revealed by Grantee's inspection. The term "Environmental Law" means any federal, state or local statute, regulation, code, rule, ordinance, order, judgment, decree, injunction or common law relating in any way to human health, occupational safety, natural resources, plant or animal life or the environment, including without limitation, principles of common law and equity, the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, the Toxic Substances Control Act, and any similar or comparable state or local law. The term "Hazardous Substance" means any hazardous, toxic, radioactive or infectious substance, material or waste as defined, listed or regulated under any Environmental Law, and includes without limitation petroleum oil and any of its fractions. The covenants and agreements set forth in the paragraphs above, shall be binding upon Grantee and Grantee's heirs, successors and assigns, and shall be covenants running with the land benefiting Grantor and its heirs, successors and assigns. 216 WMA TCOM COUNTY COUNCIL AGENDA BILL NO. 2017-295 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: GSS 9127117 r 1 r^ ❑ ❑ 11�11 `(�'J ,u' 10/10/17 Council/Introduction Division Head: GSS 9127117 OCT 013 2017 ^' v WHATCOM COUNTY COUNCIL 10124117 Public Hearin Dept. Head glzil l7 Prosecutor: d1g1 09128117 Purchasing/Budget: Executive: To-Z. 1-7 TITLE OF DOCUMENT. Resolution adopting the Six -Year Water Resources Improvement Program (WRIP), 2018-2023 ATTACHMENTS: • Memorandum • Resolution • Six -Year WRIP, 2018-2023 Pro 0ect Narratives SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing? ( X) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: October 24, 2017 (public hearing required under RCW 86.15.120) SUMMAR Y STA TEMENT OR LEGAL NOTICE LANGUAGE: Resolution by the Whatcom County Flood Control Zone District Board of Supervisors adopting the Six - Year Water Resources Improvement Program (WRIP) for 2018-2023. The adoption by resolution is pursuant to the Revised Code of Washington (RCW 86.15.110). 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. 217 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS DIRECTOR MEMORANDUM NATURAL RESOURCES 322 N. Commercial Street, Suite 120 Bellingham, WA 98225-4042 Phone: (360) 778-6230 Fax: (360) 778-6231 www. wh a tcom coup t y. trs TO: The Honorable Jack Louws, Whatcom County Executive Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Jon Hutchings, Public Works Director FROM: Gary Stoyka, Natural Resources Program Manager RE: Six -Year Water Resources Improvement Program (WRIP), 2018-2023 DATE: September 27, 2017 Enclosed is the 2018-2023 Six -Year Water Resources Improvement Program (WRIP) resolution along with the associated exhibits for adoption by the Whatcom County Flood Control Zone District Board of Supervisors. • Requested Action Public Works requests that the 2018-2023 Six -Year Water Resources Improvement Program (WRIP) resolution and its associated exhibits be introduced at the County Council/Flood Control Zone District meeting on October 10, 2017. We then request that a public hearing be advertised for and held at the October 24, 2017 County Council/Flood Control Zone District meeting, and that the Board of Supervisors adopt the resolution following the public hearing. Background and Purpose Each year the County updates its Six -Year Water Resources Improvement Program (WRIP) in accordance with RCW 86.15.110. • Documents Attached Exhibit "A" — Resolution adopting the 2018-2023 Water Resources Improvement Program Exhibit "B" — 2018-2023 Water Resources Improvement Program Exhibit "C" — Project Narratives 218 PROPOSED BY: INTRODUCED: 10/10/17 RESOLUTION NO. (A Resolution of the Whatcom County Flood Control Zone District Board of Supervisors) WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT SIX -YEAR WATER RESOURCES IMPROVEMENT PROGRAM FOR THE YEARS 2018 THROUGH 2O23 WHEREAS, pursuant to RCW 86.15.110, flood control or storm water control improvements may be extended, enlarged, acquired, or constructed by a zone pursuant to a resolution adopted by the Board of Supervisors; and WHEREAS, Whatcom County Public Works Department on behalf of the Flood Control Zone District has prepared a Six -Year Water Resources Improvement Program for adoption; and WHEREAS, pursuant to RCW 86.15.120, the supervisors shall hold a public hearing prior to adopting the resolution; and WHEREAS, the Six -Year Water Resources Improvement Program attached hereto as Exhibit "A" has been reviewed and determined to be consistent with the County's comprehensive plan and is consistent with the following plans: • Lower Nooksack River Comprehensive Flood Hazard Management Plan, October 1999 ■ Jones Creek Debris Flow Study, March 2004 • WRIA 1 Salmon Recovery Plan, October 2005 ■ Lake Whatcom Comprehensive Stormwater Plan, March 2008 • Birch Bay Comprehensive Stormwater Plan, July 2006 • Swift Creek Sediment Management Action Plan, July 2013 • Lake Whatcom Management Program 2015-2019 Work Plan, April 2015; and WHEREAS, pursuant to RCW 86.15.110, for constructed improvements the Page 1 219 preliminary engineering studies are on file with the Whatcom County Public Works Department; and WHEREAS, pursuant to RCW 86.15.110, the estimated cost of the acquisition or construction of the improvements, together with supporting data is included in the Six -Year Water Resources Improvement Program; and WHEREAS, the improvements will benefit one or more zones, subzones and the county as a whole; NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Flood Control Zone District Board of Supervisors as follows: That the Whatcom County Flood Control Zone District Six -Year Water Resources Improvement Program for the years 2018 through 2023, which is attached hereto as Exhibit "A", is hereby adopted. APPROVED this day of , 2017. ATTEST: Flood Control Zone District Board of Supervisors WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Barry Buchanan, Chair APPROVED AS TO FORM: Daniel L. Gibson, Chief Civil Deputy Prosecutor Page 2 220 C � { rr: arrlar:rt Sir :laW:2 air r25 ralft � rx4 air Z rldt ax1 .,..6 S=was:a aser arr.'a.— •°a3.rIar.ra- 'r' Z.arl:3gX:an : ks` :' �&35 ;ate . w.=art dkiv axxl r'rlsr:a 6r.d12Wrr r ad Er •3r.I6 } :r�x:r�arr�:3rra:�rlra3rr'::3r.:�rW::: w ¢:w�=w�=wp=w��x.�� ...�= �3•�:= e�5ar5:3d��'3d ar.�3rrar'r al ra ell a::ar'34:�oa �` rxK�`aaa533t•aa '4 v, xr ;ar•a .argp6r:rr.brdff Sir d'kbrse zsa:aY a tj •Sa n� 3 3 0 E a = '� � E E tl E 3� m F E E E _ 3 _- -- a ° a � a E a f `o S y Y E o e 9 i° tl 3��° 3 i r C ° {} �� e° �• Y t Y� � o 221 I� 8 I yy _ LL yN •. il'7" v. t56 G m G . I I �. 1}R� IR s 3 6rrl.333:6g!. 3&dala:dV 5 51rl al WA5:5rl3:3r:3ad23a ZlIrl. I I � .. - - - - - - - - - - - _ h ... �'L_ ^ n.. - - - - - 33...3;3r.a3 w �3 3x2 3rs9., �' 3Sr�•3:�x �:� g gig x:33r:E.33rlFz-I3z3el•5.3r.a.s r 8ds$,83 3r22 j _ wax w3x6w? z<...s =- 3x ..fix W 336 36 W i..e .e3lr 6 6 r v k i1 Z 8 .. ... .. 3i r. 3333r�'3 r�.d:3�r�:33r�33raS5rr3�.,�:33 W 3 3: �.3r'r 3 x 3� -. X a .�, $ s: r w a r I 1 I I g � p:3.33r,;33334:a33rc:5.5 1.33:13.3rrz6r�Z5Lr liSelsira E ilv3r::•313&IA.: z _ a sI c C o o a .a .r°- -- � 3 3 3 E a; e - � E a = Z �gg• -jpx a i c E vtl 0" _ w LL_ LL_ i� c _ EL Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 1 Agate Heights Estate / Bay Lane Database ID No. 07-102 Construction Funding Year(s): 2017 and 2018 1 Project Narrative: System upgrades to improve water quality through construction of bio-infiltration swales, channel stabilization to reduce erosion and installation of treatment vaults. Project Status: Preliminary engineering design began in 2016. Construction is scheduled to take place in the summers of 2018 during the Lake Whatcom watershed work window. Total Estimated Project Cost: $1,345,000 Expenditures to Date: $250,000 1 223 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 2 Sudden Valley Database ID No. 13-004 Construction Funding Year(s): 2019 Project Narrative: Drainage system upgrades including bio-infiltration swales and media filter drains in Sudden Valley. Project Status: Preliminary engineering design is anticipated to begin in 2017. Construction will take place in the summer of 2019 during the Lake Whatcom watershed work window. Total Estimated Project Cost: $780,000 Expenditures to Date: $-0- 224 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 3 Northshore Drive, East of City Limits Database ID No. 14-002 Construction Funding Year(s): 2020 Project Narrative: System upgrades to improve water quality including bio-infiltration swales to reduce ditch erosion. Project Status: Design in 2018 with construction in 2020. Total Estimated Project Cost: $720,000 Expenditures to Date: $-0- 225 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 4 Construction Funding Yearfs): Silver Beach (:reeK — main Lnannei Database ID No. 07-095 2021 Project Narrative: Restoration of the main channel of Silver Beach Creek below Hillsdale using natural vegetation. Project Status: Preliminary engineering design is anticipated to begin in 2019. Construction to take place in the summer of 2021 during the Lake Whatcom watershed work window. Total Estimated Project Cost: $740,000 Expenditures to Date: $-0- 226 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 5 Construction Fund j Project Narrative: Lowell Drive and Cedarbrook Court Database ID No. 14-003 2022 End of pipe media filtration and natural drainage system improvements. Project Status: Design in 2020 with construction in 2022. Total Estimated Project Cost Expenditures to Date: $800,000 $-0- 227 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 6 Glen Cove Lane and Lakeside Street Database ID No. 15-002 Construction Funding Year(s): 2023 Project Narrative: System upgrade to improve water quality--bioinfiltration swales, filter vaults, media filter drains, and rain gardens. Project Status: Design in 2021 with construction in 2023. Total Estimated Project Cost: $620,000 Expenditures to Date: $-0- 228 Fdi' a 7, µt.. I } •r, - � � to i �� ,c•. � 1:' � ~' If J x.iMr,yr]wrtxsi►!�� �'� t''y�r•�• irr x!_ � � - _ I - •'mow • � S• ~'qTw •�- :Fr#Y " � p�'�� K �� �. —y A y�y�,�• j' ' ,..�:��L y � •ti+..3 y�a•,�.�yi,.�r- p�"y�v;. `1i _'� �+Fy r ; Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 8 Strawberry Point / Lake Whatcom Boulevard Database ID No. 17-001 Construction Funding Year(s): Project Narrative: System upgrades to improve water quality (treatment vaults and bio-infiltration swales). I Project Status: Design in 2023 with construction in 2025. Total Estimated Project Cost: $760,000 Expenditures to Date: $-0- 230 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 9 Harborview Road Drainage Improvements, Phase 1 Database ID No. 07-217 Construction Funding Years : 2018 Project Narrative: Install new low-level system along Birch Bay Drive, upsize culverts and install a new high level system along Harborview Road to carry upland water directly to Birch Bay. Project Status: Design in 2016 & 2017; construction in 2018. Total Estimated Project Cost: $1,235,000 Expenditures to Date: $245,000 231 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 10 North Cottonwood Neighborhood Stormwater Improvements (CN-C-1) Database ID No. 07-159 Construction Funding Year(s): 2019 Project Narrative: This project comprises multiple drainage improvement projects in the North Cottonwood neighborhood. Previous projects include Seaview Drive Drainage Improvements (CT-06) completed 2015, Cottonwood drainage improvement completed in 201. Hazel Drive is the target area for drainage improvements within the North Cottonwood Neighborhood in 2019, including re -grading ditches, replacing culverts, and installing new pipes and catch basins. Project Status: Preliminary engineering design is anticipated to begin in 2017 and be completed in 2018. Construction is scheduled to take place in 2019. Total Estimated Project Cost: $325,000 Expenditures to Date: $0 11 232 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 11 Selder Road Storm Drainage Improvements (BP-4) Database ID No. 07-241 Construction Funding Years): 2020 Project Narrative: Reduce roadway flooding and scour caused by high flow velocity in ditches by upsizing culverts, re-establishing ditch and installing check dams. Project Status: Design is anticipated in 2019 and construction scheduled to take place in 2020. Total Estimated Project Cost: $385,000 Expenditures to Date: $0 { SEAVUl= RD rf, +P :1 , '. :i �.r'�•, ter• - -. ' AP LLJ Of .� �. �i r .. � . �r• .- .- ^r-_yam :.'S"'• � 's B!R CH PONT RD �, ; i fP►�•��'F-'i - } �yit,wf= - a. �fC}(+ ,H....- "4 r'' ,l l �-� • I + ir- ` �r:� '` 's,'r cr' .' r Y " �i' •.,'•r�•' ..--r^-'" .--F .- 1 � j�, 233 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 12 Birch Bay Drive Outfall Improvements (PW-3) Database ID No. 07-242 Construction Funding Years : 2021 f Project Narrative: Reduce beach and bluff erosion on Point Whitehorn by replacing outfall pipe and catch basin and installing an energy dissipater. Project Status: Design in 2020 and build in 2021. Total Estimated Project Cost: $310,000 Expenditures to Date: $0 3 Ci w WHITHORH;WYti C. 4.6.M - -Z rt. - f.1i +M: • �.. ter.: 1'+•. j. .:yx: ... •40. �• '•..} .a. � '''i •� .. Y•."�--• Y! .: '1 •sY�'�. �i ! _fir?• •�-'w- OPP ,• 1y •u _ X ' - � � '� 1- ��y.r��•`•.� • fix, i • 7 `� y�.+"�� � ti J ' : •s Aelw 4 !.. r X ��jl . y�r •�� S . _,�.t 'fir" �. - � � ['Y'� ; � . .a -S -1±r •. 0 . 234 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 13 South Cottonwood Neighborhood Stormwater Improvements (HL-C-1) Database ID No. 15-001 Construction Funding Year(s): 2022-2023 Project Narrative: This project comprises multiple drainage improvement projects in the South Cottonwood Neighborhood, including Morgan Drive, Cottonwood Drive, Henley Street, Cottonwood Court and Comfort Lane areas that drain into the outfall at Birch Bay Drive. Cottonwood Drive Stormwater Improvements (a new inlet) is being constructed in September 2017. Cottonwood Court and Birch Bay Drive is the target area for drainage improvements in 2022-23, which includes upsizing pipes and replacing blind tee lateral connections in the storm drain trunk line with catch basins. Design is anticipated in 2021. Phase I construction is scheduled to take place in 2022 and phase II in 2023. Total Estimated Project Cost: $1,140,000 Expenditures to Date: $0 MAPLE ST w re Ox - •• � G��a - �r ,9y T ..� 4 ,,, . •I n� , SIR CH rlr10 ;L r A 235 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 14 Holeman Avenue Storm Drain Improvements Database ID No. 07-242 Construction Funding Years : 2024 Project Narrative: Reduce roadway flooding on Holeman Avenue by replacing undersized pipe and catch basins and re-establish existing ditch to match pipe invert elevations. Project Status: Preliminary engineering design is anticipated to begin in 2022 and be completed in 2023. Construction would take place in 2024 (not within Six -Year WRIP). Total Estimated Project Cost: $75,000 (design & ROW) Expenditures to Date: $0 236 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 15 NPDES Stormwater Maintenance & Repair Database ID No.: 16-011 BES: 38.9 Construction Funding Year(s): 2018 - 2023 Project Narrative: This item provides seed funding for program development and potential design and/or construction cost for retrofitting private stormwater facilities identified as opportunities to enhance treatment and flow control requirements as part of the NPDES Program and meet phosphorus loading reductions for the Lake Whatcom Total Maximum Daily Load (TMDL). Project Status: Program development and facility evaluation to occur first as resources are allocated. Potential design and construction of retrofitting recommendations to occur after prioritized ranking of the stormwater facilities based on a to -be -developed benefit criterion. Construction may occur no earlier than 2019, depending on status of program development. FCZD funds will be utilized, with supplemental Road Funds when appropriate. Total Estimated Project Cost: Expenditures to Date: $300,000 N/A Due to the nature of this item, no map exists. Board of Supervisors review and prioritization will be sought at the appropriate time. 237 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 16 Birch Bay Drive and Pedestrian Facility Database ID No.: 07-030 BES: 72.1 Construction Funding Year(s): 2016-2020 Project Narrative: This project is located parallel to Birch Bay Drive from Cedar Avenue to the mouth of Terrell Creek. This is an approximate 1.5 mile natural beach berm with pedestrian facility to provide soft -shore erosion protection, habitat enhancement, and encourage pedestrian use along Birch Bay Drive. This multi -beneficial project is included in the Six - Year WRIP to reflect contributions from TAP road funds, STP road funds, WC Road fund, BBWARM, REET, and EDI. Project Status: Project is currently on hold until permits can be secured. Construction is scheduled to begin 2018 with completion spring of 2020. To lessen impacts to the tourist economy and aquatic habitat issues, the construction window for each year will begin after Labor Day and suspend prior to Memorial Day. STP Road $2,550,000 TAP Road $620,000 WC Road $6,785,000 REET $745,000 EDI $500,000 BBWARM: $250,000 Total: $11,450,000 �- : . �,kc',r PT Rn l - a i h M RXDR11RgM RD - :f,l ar 1�.. - •! � - ��-A1ID[NSOM RO J-" 1 �k � •ea-R ar _ .i ..6. WORM i Site Locatil, N..RN,r F �RRi RD r� 16 238 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 17 Construction Fun Swift Creek Phase 1 Capital Projects Database ID No. 13-0001 BES: 69.6 2018-2022 Project Narrative: Construction and operation of projects for the management of the sediment deposited from the Swift Creek landslide. Capital projects to include: Sediment Traps, Upper Goodwin Reach Setback Levee, and Sediment Basins. A Joint Agency Agreement was approved and signed by the Environmental Protection Agency (EPA), Washington Department Of Ecology (DOE) and Whatcom County. Whatcom County will manage the projects with funding provided by EPA and DOE for the design and construction. Project Status: EIS completed, plan adopted by resolution July 2013; Work is dependent upon funding from State and Federal funds. The Washington Department of Ecology requested $5,800,000 for design and initial construction in the Washington State 2017/2018 biennium budget. The project is currently on hold until the State Capital Budget is passed. Total Estimated Project Cost: $18,315,000 Expenditures to Date: $1,315,000 AA AA. SCSMAP --South Pass Setback Levee Phase I Implementation SOUTH PASS RD. Proposed Phase I Project Elements -- i rvr•.•ti y s�d�„�•oi u.oz Upper Goodwin Reach -- i..•,i..••,.., erduvoui n�ir• Debrls Flow/Setback Levee Canyon Reach Instream Sediment Traps wn�. ri•m. r`yy Aaodwin Reachtn.e,........ 'k Sediment Basins°" ` Lower Goodwin Reach —� a t.ilafl D Setback Levee Figure 1 Phase I Structure Locations 17 239 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 18 Swift Creek Maintenance Project Database ID No. 08-023 Construction Funding Year(s): 2018-2023 Project Narrative: Until the capital projects are complete a significant amount of bedload is deposited on the alluvial fan of Swift Creek. An ongoing maintenance program is required to manage the deposits. The goals of the maintenance program are to protect and repair the levee system and to maintain the integrity of bridges at Goodwin and Oat Coles Roads. Project Status: Annual dredging and levee repair is expected for the five years at approximately $300,000 per year. FCZD: $300,000 ._J 18 240 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 19 I Construction Funding Y Swift Creek Repository Sites Database ID No. 13-001 2019-2022 [Project Narrative: Establish a process to identify, rank and analyze properties for the potential location for repository sites. Then, purchase and develop the sites as a repository of the Swift Creek Sediment in accordance with the Swift Creek � Sediment Management Action Plan and the Joint Agency Agreement. Project Status: Siting and alternatives analysis completed 2017. Project on hold for State funding availability. Next step in the siting of a site is to complete the Supplemental EIS. FCZD Expenditures to Date: $340,000 1 8 8 9 r.xr rru. uo.wrr ' .rra..rw. wr+u.rr�o r 1 ' 19 241 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 20 Marietta Acquisition Database ID No. 07-002 Construction Funding Year(s): 2001 - Present Project Narrative: Acquire residential properties in the frequently -flooded repetitive flood loss area of Marietta. Remove existing structures and restore properties with native vegetation. Project Status: Property acquisition began in 2001 and is ongoing. As properties are acquired through tax title sales, purchases funded with hazard mitigation, habitat restoration grants, and FCZD funding, structures are removed and native vegetation is planted. All acquisitions are voluntary and the project is ongoing as current property owners decide to sell their properties. Estimated project cost includes some funding for cleanup of up to four former gas stations, though the exact nature of the work is still undefined. Total Estimated Project Cost: $3,500,000 Expenditures to Date: $2,070,000 20 242 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 21 Deming Levee Improvement Project Database ID No. 07-106 Construction Funding Years : 2017 - 2018 Project Narrative: Realign and improve low-lying berm at upstream end of Deming levee to increase level of flood protection to the Mount Baker School District and Nooksack Tribal facilities, and the town of Deming. Project Status: The project is being constructed during the 2017 construction season with planting and project and grant close-out occurring in 2018. Total Estimated Project Cost: $3,361,000 Expenditures to Date: $3,301,000 21 +' ? Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 22 Construction Funding Year(s): Project Narrative: Marine Drive Levee Repair Database ID No. 15-004 2018 The Marine Drive Levee provides flood protection during smaller, more frequent floods to the Marietta area and Slater Road. Over the past few years, overtopping has caused damage to the backslope of the levee. The levee is located on property owned by the Washington Department of Wildlife who is managing the property for wildlife. The project will involve restoring the levee crest and backslope to the original geometry while trying to minimize the impacts to existing vegetation. Project Status: The project site will be inspected early next year to refine the preliminary design after this next winter. This project is not expected to require instream work, so final design, permitting and construction should be able to be completed in 2018. Total Estimated Cost: $223,000 Expenditures to Date: $23,000 22 244 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 23 High Creek Database ID No. 07-125 Construction Funding Year(s): 2018 Project Narrative: High Creek flooding damaged nearby homes and closed Mount Baker Highway in the mid-1990's. A legal settlement resulting from that event directs Whatcom County to prepare a creek management plan. Sediment management in the watershed including the 3400 feet of County owned right of way east of Kendall Creek is an important plan element along with fish habitat mitigation. State permits for future maintenance dredging are dependent on consistency with the final management plan. Project Status: A management plan has been developed and recommends the construction of two sediment traps, one sited upstream of Mount Baker Highway to trap coarser material and one by the confluence with Kendall Creek to trap finer material. The plan also includes improvements to some of the levees and channel excavation between the two traps. Detailed design is underway, permits have been secured, but final easements still need to be secured. Total Estimated Project Cost: $1,818,000 Expenditures to Date: $412,000 23 245 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 24 Rayhorst Levee Improvements Database ID No. 16-001 1 Construction Funding Year(s): 2018 Project Narrative: The Rayhorst Levee runs adjacent to the Nooksack River and provides flood protection to the Lummi Reservation, public roads, including Haxton Way, and agricultural land. A project to widen the levee crest and backslope a 200 foot long section adjacent to a farmstead is included in the System -wide Improvement Framework (SWIF) to address a deficiency identified by the US Army Corps of Engineers. Project Status: A conceptual design has been developed as part of the SWIF planning process. Detailed design has not been initiated yet. Total Estimated Cost: $80,000 Expenditures to Date: $0 24 a, VC Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 25 Red River Levee Stabilization Database ID No. 16-004 Construction Funding Year(s): 2019 Project Narrative: The Red River Levee protects portions of the Lummi Reservation, including public roadways, but relatively little development. The levee is occasionally used as emergency access to and from the Lummi Reservation. Riprap is missing on approximately 200 feet of the levee, and erosion is starting to cause sloughing of the levee prism. These areas need to be repaired for the levee to remain eligible in the Public Law (PL) 84-99 Program. Project Status: A conceptual design has been developed as part of the System -wide Improvement Framework (SWIF) planning process. Detailed design has not been initiated yet. Total Estimated Cost: $180,000 Expenditures to Date: $0 25 247 Whatcom County Public Works Project Narrative Twin View Levee Improvements Database ID No. 16-002 Construction Funding Year(s): Project Narrative: 2020 2018-2023 Six -Year WRIP Item No. 26 The Twin View Levee is locate upstream of Everson and provides flood protection to commercial, residential and agricultural properties and a state highway. Widening and backsloping of a 200 foot long section just upstream of the Everson bridge is included in the System -wide Improvement Framework (SWIF) to address deficiencies identified by the US Army Corps of Engineers. Project Status: A conceptual design has been developed as part of the SWIF planning process. Detailed design has not been initiated yet. Total Estimated Cost: $80,000 Expenditures to Date: $0 .,,VAN 0 Y K KM 91 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 27 Lynden Levee Improvement Database ID No. Construction Funding Years : 2021 Project Narrative: Two 24" culverts located less than 50 feet apart provide interior drainage through the Lynden Levee. One of the pipes drains a channel that flows through the City of Lynden's wastewater treatment plant. The levee has overtopped where the culverts are located, damaging the levee backslope and the small berm that separates the drainage channel from a backwash pond. The conceptual design includes relocating the treatment plant drainage through a forested area further away from the backwash pond, connecting the two drainages, and replacing the two culverts with a single larger culvert and side -hinge flood gate. Alternatives to raise the levee over the new culvert and create an overflow with gentler side slopes will be evaluated to reduce the risk of levee failure. Project Status: A conceptual design has been developed as part of the System -wide Improvement Framework (SWIF) planning process. Preliminary engineering including analysis of design alternatives will be initiated in 2018. Total Estimated Cost: Expenditures to Date: $1,950,000 $0 27 249 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 28 Bertrand Creek Levee Stabilization Database ID No. 16-005 Construction Funding Year(s): 2022 Project Narrative: The Bertrand Creek Right and Left Bank Levees are designed to overtop during larger floods, but provide protection to agricultural land during the growing season. The left bank levee has a 250 foot long section where erosion is starting to threaten the levee prism. The right bank levee face is sloughing at three locations with a total length of approximately 250 feet. The levees will have to be repaired to remain eligible for rehabilitation through the Public Law (PL) 84-99 program. Project Status: A conceptual design has been developed as part of the System -wide Improvement Framework (SWIF) planning process. Detailed design has not been initiated yet. Total Estimated Cost: $185,000 Expenditures to Date: $0 28 250 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 29 Upper Hampton Levee Improvements Database ID No. 16-006 construction Funding Year(s): 2024 Project Narrative: Several deficiencies were identified by the US Army Corps of Engineers on the Upper Hampton Levee. Improvements to the levee geometry are proposed in two locations and improvement to address seepage is proposed at a third location. Project Status: A conceptual design has been developed as part of the System -wide Improvement Framework (SWIF) planning process,. Detailed design has not been initiated yet. Total Estimated Cost: $650,000 Expenditures to Date: $0 29 251 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 30 Construction Funding Year(s): Project Narrative., Abbott Levee Upstream Tie -In Database ID No. 16-007 2024 The upstream end of the Abbott Levee ties into a small berm along Abbott Road. The berm is narrow, with little erosion protection, and overtops frequently. This project is designed to improve the upstream tie-in, by extending and realigning levee to run under Abbott Road. The improved section will be designed to maintain the overflow as this is an area where floodwaters can access the floodplain with low potential for damage. Project Status: A conceptual design has been developed as part of the System -wide Improvement Framework (SWIF) planning process. Detailed design has not been initiated yet. Total Estimated Cost: Expenditures to Date: $900,000 $0 252 30 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 31 Neevel Levee Bank Stabilization Database ID No. 16-008 Construction Funding Year(s): 2023 Project Narrative: The Neevel Levee provides varying levels of protection to a significant amount of agricultural land. Approximately 250 feet of the levee running along Cougar Creek is over -steepened and experiencing sloughing of the riverward face. A stabilization project incorporating large woody debris at the toe and reducing the slope of the riverward face is proposed in the System -wide Improvement Framework (SWIF) to resolve the deficiency identified by the US Army Corps of Engineers and keep the levee eligible for repair under the Public Law (PL) 84-99 Program. Project Status: A conceptual design has been developed as part of the SWIF planning process. Detailed design has not been initiated yet. Total Estimated Cost: $190,000 Expenditures to Date: $0 31 253 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 32 Reach 4 Floodplain Acquisition Database ID No. 07-002 Acquisition Funding Years : 2017- TBD Project Narrative: The existing levee system in Reach 4 constrains the river at several locations, resulting in frequent levee damage and the need for repairs. Voluntary acquisition of lands is proposed to enable future levee reconfigurations to reduce flood risk and future levee repairs, while improving habitat. Project Status: Three alternative levee configurations were developed as part of the System -wide Improvement Framework (SWIF) planning process. Several of the key landowners are considering selling portions of their properties if funding can be secured and a favorable purchase price can be negotiated. Total Estimated Cost: TBD Expenditures to Date: $49,000 32 254 Whatcom County Public Works Project Narrative 2018-2023 Six -Year W RIP Item No. 33 Jones Creek Debris Flow Protection Database ID No. 07-105 Construction Funding Year(s): 2020 - 2021 Project Narrative: Acquire residential properties in the high hazard area of the Jones Creek alluvial fan and construct setback deflection berm to route debris flows around the town of Acme. Project includes potential realignment and bridge improvements at Turkington Road. Project Status: Property acquisition began in 2005 and additional properties will need to be acquired. Preliminary design has been performed for the deflection berm and alternatives are currently being evaluated for Turkington Road. Construction costs will be estimated once a final alternative is selected. Total Estimated Cost: Expenditures to Date: TBD $792,000 33 255 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 34 Ferndale Levee Improvement Project Database ID No. 07-104 Construction Funding Year(s): 2023 - 2024 Project Narrative: Two levee segments, one sponsored by the City of Ferndale and one by the FCZD and Diking District #1, provide protection to the three treatment facilities along Ferndale Road. The US Army Corps of Engineers has identified several deficiencies along these two levee segments, including a gap in which super sacks filled with sand have been placed. The 1999 Comprehensive Flood Hazard Management Plan recommended improving these levees to provide 100-year protection to the City and the treatment facilities. The System -wide Improvement Framework (SWIF) also includes this project to address the identified levee deficiencies. Project Status: This project has been laid out at the conceptual levee only. No detailed design has been initiated yet; outside funding will likely be needed to fully implement this project. Preliminary engineering including analysis of design alternatives will be initiated in 2018. Total Estimated Design Cost: $1,4450,000 Expenditures to Date: $0 34 256 Whatcom County Public Works Project Narrative 2018-2023 Six -Year WRIP Item No. 35 Emergency/New Projects Database ID No. 08-003 Construction Funding Year(s): 2018 - 2023 Project Narrative: This item provides funding to address unanticipated projects resulting from new damage to flood control facilities. [0�roject Status: Design and construction to occur as necessary. Total Estimated Project Cost: $325,000 Expenditures to Date: N/A Due to the nature of this item, no map exists. Board of Supervisors review and prioritization will be sought at the appropriate time. 35 257 WHATCOM COUNTY COUNCIL AGENDA BILL wul 2017-296 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 10/10/17 Intro Originator: _. << < <<_ it V (; I_ l0124117 Finance Division Head: . Committee; .,� Council Dept. Head: W �; � t M COUNTY COU C I L Prosecutor: y '' Purchasing/Budget: Executive: �' TITLE OF DOCUMENT. • 2017 Supplemental Budget Request #12 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 #12 requests funding from the General Fund. 1. To appropriate $78,355 in Health to fund Developmental Disability contract increase. 2. To appropriate $12,320 in Health to fund Clerk Supervisor FIE position. 3. To appropriate $10,272 in Health to fund Account Clerk III FTE position. 4. To appropriate $25,014 in Health to fund Foundation Public Health program and add one FIEfrom grant proceeds. 5. To appropriate $40,000 in Health to fund Community Prevention & Wellness Initiative opiate program grant funded services. 6. To appropriate $414,141 in Non -Departmental to fund transfer out to support Permit System replacement. 7. In Non -Departmental to transfer funding of $159,925 for additional 2017 wage adjustments. 8. To appropriate $45,100 in Non -Departmental to fund What -Comm E911 Operations 2017-18 grant program. 9. To appropriate $13,000 in Parks to fund vehicle #899 service body upgrade. 10. To appropriate $22,149 in Prosecuting Attorney to fund correction of 2017 wage /benefit settlement error. 11. To appropriate $137,776 in the Sheriffs Office to fund 2017 Guild medical increase. From the Road Fund: 12. To appropriate $176,094 to fund transfer out to support Permit System replacement. From the Homeless Housing Fund. 13. To appropriate $172,653 to fund Emergency Solutions grant program increase. From the Countywide Emergency Management Fund. 14. To appropriate $150,000 to fund Electronic Patient Care Reporting system. From the Real Estate Excise Tax H Fund. 15. To appropriate $29,427 to fund Academy Road project budget fund closeout. From Equipment Rental and Revolving Fund: 16. To appropriate $50,000 to fund replacement Parks Sprinter van for totaled #829. 17. To appropriate $13,000 to fund vehicle #899 service body upgrade. COMMITTEE ACTION: COUNCIL ACTION. - Related County Contract #. Related File Numbers: Ordinance or Resolution Number: PROPOSED BY: Executive INTRODUCTION DATE: 10/10/17 ORDINANCE NO. AMENDMENT NO. 12 OF THE 2017 BUDGET WHEREAS, the 2017-2018 budget was adopted December 6, 2016; and, WHEREAS, changing circumstances require modifications to the approved 2017-2018 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 2017-2018 Whatcom County Budget Ordinance #2016-068 is hereby amended by adding the following additional amounts to the 2017 budget included therein: Fund Expenditures Revenues Net Effect General Fund Health 165,961 (152,224) 13,737 Non -Departmental 299,316 (45,100) 254,216 Parks 13,000 13,000 Prosecuting Attorney 22,149 - 22,149 Sheriff 137,776 - 137,776 Total General Fund 638,202 (197,324) 440,878 Road Fund 176,094 176,094 Homeless Housing Fund 172,653 (186,465) (13,812) Countywide Emergency Management Fund 150,000 150,000 Real Estate Excise Tax II Fund 29,427 29,427 Equipment Rental and Revolving Fund 63,000 63,000 Total Supplemental 1,229,376 (383,789)1 845,587 In addition, Exhibit C Authorized Positions in the 2017-2018 Budget Ordinance should be amended to provide for the following FTE changes: • Add 1 FTE Account Clerk III in Health • Add 1 FTE Clerk Supervisor in Health • Add 1 FTE Community Health Specialist in Health ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk g ED AS TOuty Prosecutor , 2017. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: I:\BUDGET\SUPPLS\2017—Suppl\Supplementa1 #12-2017.docx 259 WHATCOM COUNTY Summary of the 2017 Supplemental Budget Ordinance No. 12 Department/Fund Description Increased (Decreased) Expenditure (Increased) Decreased Revenue Net Effect to Fund Balance (Increase) Decrease General Fund Health To fund Developmental Disability contract increase. 78,355 (78,355) - Health To fund Clerk Supervisor FTE position. 12,320 - 12,320 Health To fund Account Clerk III FTE position. 10,272 - 10,272 Health To fund Foundational Public Health program and add one FTE from grant proceeds. 25,014 (29,497) (4,483) Health To fund Community Prevention & Wellness Initiative opiate program grant funded services. 40,000 (44,372) (4,372) Non -Departmental To fund transfer out to support Permit System replacement. 414,141 - 414,141 Non -Departmental To transfer funding for additional 2017 wage adjustments. (159,925) - (159,925) Non -Departmental To fund What -Comm E911 Operations 2017-18 grant program. 45,100 (45,100) - Parks To fund vehicle #899 service body upgrade. 13,000 13,000 Prosecuting Attorney To fund correction of 2017 wage / benefit settlement error. 22,149 - 22,149 Sheriff To fund 2017 Guild medical increase. 137,776 137,776 Total General Fund 638,202 (197,324) 440,878 Road Fund To fund transfer out to support Land Records Management / Permit Systems replacement. 176,094 176,094 Homeless Housing Fund To fund Emergency Solutions grant program increase. 172,653 (186,465) (13,812) Countywide Emergency Management Fund To fund Electronic Patient Care Reporting system. 150,000 150,000 Real Estate Excise Tax II Fund To fund Academy Road project budget fund closeout. 29,427 29,427 Equipment Rental and Revolving Fund Equipment Rental and Revolving To fund replacement Parks Sprinter van for totaled #829. 50,000 50,000 Equipment Rental and Revolving To fund vehicle #899 service body upgrade. 13,000 - 13,000 Total Equipment Rental and Revolving Fund 63,000 63,000 Total Supplemental 1,229,376 (383,789) 845,587 NO( Supplemental Budget Request Status: Pending Health Human Services 5uppl It){.r 2 �r Fund 1 Cost Center 673800 Originator. Patty Proctor Expenditure Type: One -Time Year 1 2017 Add'I FTE El Add'I Space 1:1 Priority 1 Name of Request: Developmental Disability Amendment increase Depart en Head Signature (Required on Hard Copy Submission) Date Costs: ( Oblect Object Description �-Amount Requested 4334.0468 Developmental Disabilit ($78,355) 6610 Contractual Services $78,355 Request Total $0 1a. Description of request: The State reallocated developmental disability funding across the state which resulted in an increase in funding to Whatcom County. This pass -through funding primarily pays for employment services for people with developmental disabilities. As a result, the hourly case rates for those receiving employment services is increasing. 1b. Primary customers: People with developmental disabilities 2. Problem to be solved: Increasing need for services with DD eligible clients. 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: Monitoring reports with number of clients served as well as services provided to clients. 5a. Other Departments/Agencies: 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Washington State DSHS Division of Developmental Disabilities ...... - ............ - Monday, September 25, 2017 Rpt: Rpt Suppl Regular 261 Supplemental Budget Request Status: Pending Health Administration Supp't its ;q 2424 Fund 1 Cost Center 609900 Originator. Patty Proctor Expenditure Type: Ongoing Year 1 2017 Add'I FTE V Add'I Space ❑ Priority 1 Name of Request: Clerk Supervisor /7 Depa mel Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6110 Regular Salaries & Wages $7,822 6190 Direct Billing Rate $12,320 6195 Direct Billing Offset ($12,320) 6210 Retirement $954 6230 Social Security $598 6245 Medical Insurance $2,594 6255 Other H&W Benefits $251 6259 Worker's Comp-Interfund $87 6269 Unemployment-Interfund $14 Request Total $12,320 la. Description of request: One FTE to supervise and centralize division of labor among all 10 health department clerks. The professional will set up systems for things like leave requests and cross -training, elevate skills, create efficiencies in work flow and assignments, and increase productivity of staff. 1b. Primary customers: Service to clerks and entire department. Secondary customers are the public who interact via phone, email or in person with clerks 2. Problem to be solved: Supervision of clerks is decentralized and split between already busy managers and supervisors. A decentralized clerical staffing model is inefficient and doesn't use clerk skills effectively. Managers and program supervisors spend, on average, 10 hours per week both supervising current clerks and performing clerical tasks. Also due to the growth in staff and cuts in clerical support, employees who staff boards, committees, and other meetings report spending an average of 12-16 hours per month preparing materials and writing meeting minutes. By hiring a clerk supervisor, we can better coordinate work, increase cross training of clerks to ensure coverage, alleviate the clerical burden placed on managers and supervisors, and create efficiencies before analyzing if additional general clerks are needed. 3a. Options /Advantages: The health department is growing with new grants, contracts and other funding opportunities and related professional staff will be added; the clerical supervisor position will allow the department to support new professional FTE without requesting general funds to increase clerical staffing. This position will also allow managers and supervisors to focus on their responsibilities, rather than completing time-consuming clerical tasks. 3b. Cost savings: N/A Monday, September 25, 2017 Rpt: Rpt Suppl Regular 262 Supplemental Budget Request Health Administration Status: Pending Supp7 iD # 2424 Fund 1 Cost Center 609900 Originator. Patty Proctor 4a. Outcomes: Improve clerical support, increase efficiencies, ensuring that all staff work at the top of their scope and abilities. 4b. Measures: -Response time for public requests and phone calls -Length of time to process meeting minutes, material collection and printing, logging data on clients at intake and over time -Number of customer complaints about service -Number of hours front desks are short staffed due to lack of cross training -Number of hours saved by managers and supervisors in completing clerical tasks 5a. Other Departments/Agencies: None 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: 2017 funding will come from the reclassification and vacancy of the HIA Manager position. 2018 cost is calculated at a total of $76,831 based on unrepresented pay grade of 260 step 3. Funded by: Reclassification of HIA Manager to an HIA Supervisor, $36,635 Additional indirect funding from new grants: North Sound Behavioral Health opiate outreach grant $11,250 North Sound Behavioral Health dedicated marijuana grant $15,500 Portion of Department of Health regional marijuana grant $13,446 It is the Executive's recommendation that continuation of positions supported by grants and external sources are contingent on continuation of funding. Friday, September 29, 2017 Rpt: Rpt Suppl Regular 263 Supplemental Budget Request Status: Pending Health Administration Supp9 its 11 2425 Fund 1 Cost Center 609900 Expenditure Type: One -Time Year 1 2017 Name of Request: Account Clerk 111 Originator. Patty Proctor Add'I FTE W Add'I Space ❑ Priority 1 X rtHead -A q/S//7 DepartmSignature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6110 Regular Salaries & Wages $6,112 6190 Direct Billing Rate $10,272 6195 Direct Billing Offset ($10,272) 6210 Retirement $746 6230 Social Security $468 6245 Medical Insurance $2,594 6255 Other H&W Benefits $251 6259 Worker's Comp-Interfund $87 6269 Unemployment-Interfund $14 Request Total $10,272 1 a. Description of request: One FTE to share responsibilities between the environmental health front desk and the business office. While at the front desk, the position will provide staffing and support to environmental health customers, other clerks in the program, and visitors of all divisions entering to the building. While in the business office, the position will provide vital records and accounting support. 1b. Primary customers: Whatcom County residents, staff, funding sources, contractors. 2. Problem to be solved: The Health Department seeks to solve two problems with the Accounting Clerk position. First, despite an increasing number of grants and contracts, the clerical support staff has not changed and the business office staff has been reduced. -In 2016 the total number of grants, contracts, and agreements was 72. Through eight months of 2017 the total is 131. -In 2017, the Health Department added over $1.3 million in revenues from grants and contracts. -In the first eight months of 2017, vital records requested and issued increased 30% over the same period in 2016. The Business Office cannot absorb additional work and remain audit finding free and compliant with all terms of contracts and grants. The second problem the Health Department seeks to solve is to provide sufficient environmental health front desk staffing. Like the business office, environmental health clerks have sustained cuts in staffing and have experienced unsustainable growth in demands and work. •OSS permit applications increased by 25% from 2015-2016 and the O&M evaluations processed by hand increased by over 2000 from 2015 to 2016. -The Hirst Decision has added additional workload and pressure to provide timely answers to questions and concerns. Monday, September 25, 2017 Rpt: Rut Suppl Regular 264 Supplemental Budget Request Status. Pending Health Administration Supp71D # 2425 Fund 1 Cost Center 609900 Originator. Patty Proctor -Adding the Solid Waste fund and associated activities in 2015 had increased the volume of front desk contacts and workload for clerical staff. Staff are unable to manage the workload in these areas and both are often short staffed, despite cross training and shifting work. 3a. Options /Advantages: We have done cross training and shifting of work to try and minimize the impact. The demand for support is not being fully met. We have considered a new FTE for each area of responsibility but opted to try sharing a person to see if that will meet the need for now. 3b. Cost savings: 4a. Outcomes: Coverage will be improved and work can be balanced and cross trained. 4b. Measures: Quicker response for customers at the front desk. Support increased for meetings and projects. 5a. Other Departments/Agencies: none 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Funding for 2017 is calculated at 2 months. The cost will be covered by lapse in positions that were unfilled during the year. 2018 calculated cost at a grade 108 step 3 is $63,126 with benefits. This position is part of the indirect administrative cost and will be covered by additional indirect received from new grants. The environmental health portion of the position will be covered from replacement of an environmental specialist at a lower salary than the vacated position. Indirect from Foundational Public Health grant $20,373 Portion of indirect from Department of Health Regional Marijuana grant $28,270 Replacement of EH specialist at lower wages $14,483 It is the Executive's recommendation that continuation of positions supported by grants and external sources are contingent on continuation of funding. Friday, September 29, 2017 Rpt• Rpt Suppl Regular 265 Supplemental Budget Request Status: Pending Health Communicable Disease & Epidemiology LSupp't 24261� Fund 1 Cost Center 660525 Originator. Patty Proctor Expenditure Type: One -Time Year 1 2017 Add'I FTE W Add'I Space ❑ Priority 1 Name of Request: Foundational Public Health --V Departme ead Signature quired on Hard Copy Submission) Date Costs: Object 4336.0425 6110 6210 6230 6245 6255 6259 6269 Request Total Object Description FPHS Grant Regular Salaries & Wages Retirement Social Security Medical Insurance Other H&W Benefits Worker's Comp Interfund Unemployment-Interfund Amount Requested ($29,497) $17,248 $2, 060 $1,320 $3,705 $476 $182 $23 ($4,483) la. Description of request: Department of Health, Foundational Public Health Funding will be utilized to expand the communicable disease surveillance efforts in Whatcom County. Current program will add one FTE to increase program ability to address communicable disease monitoring and prevention. Strategies include educating the community about communicable disease prevention; support and protection provided through surveillance of disease trends, identifying and controlling the sources of infection, preventing disease through investigation of disease cases, and responding quickly to outbreaks 1b. Primary customers: Whatcom County residents, primarily infants and children (and parents), the ill, and the elderly (and professional caregivers and agencies). 2. Problem to be solved: The communicable disease investigation program has been understaffed especially during outbreaks such as the recent mumps and E.coli. The State allocated new funding for foundational public health services focusing on communicable disease. 3a. Options /Advantages: This new funding will be used to expand the ability of the local health jurisdiction to address communicable disease monitoring and prevention. 3b. Cost savings: Undetermined 4a. Outcomes: Improved ability to perform surveillance and emergency response work. 4b. Measures: 2019 program performance measures (inclusive of data from lab reports of notifiable conditions) 5a. Other Departments/Agencies: None Thursday, September 28, 2017 Rpt: Rol Suppl Regular K0*01� Supplemental Budget Request Status: Pending Health Communicable Disease & Epidemiology Supp'l 1D # 2428 Fund 1 Cost Center 660525 Originator: Patty Proctor 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: Washington State Department of Health Foundational Public Health. It is the Executive's recommendation that continuation of positions supported by grants and external sources are contingent on continuation of funding. Friday, September 29, 2017 Rpt: Rpt Suppl Regular 267 Supplemental Budget Request status: Pending Health Human Services >upp7 rt zz 1 Fund 1 Cost Center 677360 Originator: Patty Proctor Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: CPWI Opiate STR Departme t Head Signature (Required on Hard Copy Submission) Date Costs: C Oblect Object Description I Amount Requested 4333 9378 STIR ($44 372) 6610 Contractual Services $40,000 Request Total ($4,372) la. Description of request: The Department of Social and Health Services Division of Behavioral Health and Recovery (DSHS/DBHR) aims to increase capacity to implement direct and environmental substance use prevention services in communities to implement identified evidence -based practices and programs to prevent and reduce the misuse and abuse of opioid drugs. These grants will provide funding to support quality and culturally competent replications of evidence -based and innovative substance use prevention strategies and programs to prevent and reduce opioid drug misuse and abuse while developing the operational community coalition infrastructure of the Community Prevention and Wellness Imitative (CPWI). 1b. Primary customers: Whatcom County youth 2. Problem to be solved: The misuse of and addiction to opioids -- including prescription pain medicines, heroin, and synthetic opioids such as fentanyl -- is a serious national problem that affects public health as well as social and economic welfare. Opioid use, morbidity, and mortality have increased nationally and across Washington State. Whatcom County had a 308% increase in publicly funded treatment admissions involving any Opiate between 2002 — 2013. (Opioid Trends Across Washington State, April 2015 — ADAI-IB 2015-01). Services provided with these grant funds will be the first step to reducing health disparities in East County. The Mt. Baker School District catchment area has been identified by DSHS/DBHR as qualified for these grant monies due to barrier to services because of location and geographical size. Distance prevents easy access to services. 3a. Options /Advantages: This is an expansion to the existing school prevention programs of the Health Department. 3b. Cost savings: unknown 4a. Outcomes: The Whatcom County Health Department will work collaboratively with the Mt Baker School District, the Whatcom Family & Community Network and other local partners. 4b. Measures: The Health Department monitors services monthly, with formal site visits occurring on an annual basis. Involvement in the project, however, means continual participation in the process. 5a. Other Departments/Agencies: Wednesday, September 20, 2017 41-01 Rpt. Rpt Suppl Regular Supplemental Budget Request Status: Pending Health Human Services �Supf)'1Icy tl 2429 .1 Fund 1 Cost Center 677360 Originator. Patty Proctor 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Washington State Department of Health and Social Services, Divison of Behavorial Health Wednesday, September 20, 2017 Rpt: Rpt Suppl Regular 269 Supplemental Budget Request status: Pending Non -Departmental Supp'l ID # 2434 Fund 1 Cost Center 4530 Originator. M Caldwell/Perry Rice Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Trf out to support Permit System replacement l 9 17-1 (2-017 Department Head Signat fe (Required on Hard Copy Submission) Date Costs: Object Object Description 8351 Operating Transfer Out Amount Requested $414,141 Request Total $414,141 la. Description of request. Companion Supplemental to Suppl ID 2395 for Land Records Management/Permit Systems project budget. Transfer an additional $414,141 from the General Fund in support of the Land Records Management System/Permit System project. $469,855 has already been budgeted during the biennial budget process and this transfer will bring the total non -departmental transfers to $883,996. Of this amount, $85,000 is expected to be recovered from Food Protection fees and On Site Sewage fees in the Health Dept. Both programs will benefit from the new systems and both programs' revenues are coming in over budgeted amounts. The other $798,996 is expected to be covered by General Fund fund balance. In addition, a $75,000 transfer will be made from PDS in support of this project. This will be possible by re - purposing budget authority granted during the biennial budget process in an ASR for professional consultants to be hired for the MRL and Code Update projects. PDS is able to accomplish the MRL project by other means and professional consultants for the Code Update project will not be utilized in 2017. Grand total General Fund contribution to be $958,996, or 60% of Phase II of this project. 1b. Primary customers: 2. Problem to be solved: 3a. Options /Advantages: 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: Thursday, September 28, 2017 Rpt: Rpt Suppl Regular 270 Supplemental Budget Request Srarus: Pending Non -Departmental Supp9 lD # 2434 Fund 1 Cost Center 4530 Originator: M Caldwell/Perry Rice 5b. Name the person in charge of implementation and what they are responsible for: 6. Funding Source: General Fund Thursday, September 28, 2017 Rpt: Rpt Suppl Regular 271 Supplemental Budget Request Non -Departmental Status: Pending Supp'1 to # 2451 Fund 1 Cost Center 4075 Originator. M Caldwell Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'1 Space ❑ Priority 1 Name of Request: Transfers to fund additional 2017 wage adjustments Department Head Signat a (Required on Hard Copy Submission) Date Costs: ! Object Object Description Amount Requested 6110 Regular Salaries & Wages ($137,776) 6110 Regular Salaries & Wages ($22,149) Request Total ($159,925) 1 a. Description of request: County has agreed to pay increased medical premiums on all employees in 2017. All other employee medical increases were transferred previously with adjustments for contract settlements. Since the Guild contract has not settled yet, no previous adjustment for medical increases was made. ($137,776) 2017 Prosecuting Attorney wage and benefit adjustments had a calculation error which resulted in a $22,149 shortfall for that department. This supplemental request corrects that error. 1 b. 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: Non -departmental wage and benefit reserve. Thursday, September 28, 2017 Rpt: Rpt Suppl Regular 272 WHATCOM COUNTY ��oMCOO EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 oz Bellingham, WA 98225-4082 QSN'"G� 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: September 28, 2017 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 FY2017-18 Emergency 911 operational expenses for What -Comm Communications. The grant contract period is July 2017 through August 2018, for a total of $45,100. 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 $45,100 to support 911 operations at What -Comm Communications. Office (360) 778-5200 FAX (360) 778-5201 TRS: 711 273 Supplemental Budget Request Status: Pending Non -Departmental Supp7 iD # 2458 " Fund 1 Cost Center 4284 Expenditure Type: One -Time Year 1 2017 Originator. Suzanne Mildner Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. What -Comm E911 Operations 2017-18 X � � _ - -� i i Department He d Signatur uired on Hard Copy Submission) Date Costs: Obiect Obiect Description Amount Requested 4334.0182 State Enhanced 911 Funds ($45,100) 7220 Intergov Subsidies $45,100 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 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 Thursday, September 28, 2017 Rpt: Rpt Suppl Regular 274 Wh1ATCOM COUNTY 1 CO EXECUTIVE'S OFFICE �GOM m `y� County Courthouse r, - 311 Grand Avenue, Suite #108 0 gsy,N��o Bellingham, WA 98225-4082 nkMe 01 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: September 28, 2017 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 FY2017-18 Emergency 911 operational expenses for What -Comm Communications. The grant contract period is July 2017 through August 2018, for a total of $45,100. 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 $45,100 to support 911 operations at What -Comm Communications. Office (360) 778-5200 FAX (360) 778-5201 TRS: 711 275 Supplemental Budget Request Status: Pending Non -Departmental Supp; il: .� 24,58 Fund 9 Cost Center 4284 Originator. Suzanne Mildner Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. What -Comm E911 Operations 2017-18 1 X Department He d Signatur wired on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4334.0182 State Enhanced 911 Funds ($45,100) 7220 Intergov Subsidies $45,100 Request Total $0 la. 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 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 Thursday, September 28, 2017 Rpt: Rpt Suppl Regular 276 Supplemental Budget Request Status: Pending Parks & Recreation s r,17 h ;- 243 3 Fund 1 Cost Center 6003 Originator. Christ Thomsen Expenditure Type: One -Time Year 1 2017 Add'I FTE L Add'I Space h Priority 1 Name of Request: 899 utility;/service body upgrade X 4 Depa `nt H a i , nature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested L 8351 Operating Transfer Out 1 $13,000 L- - --------------- Request Total $13,000 1a. Description of request: Upgrade pickup truck bed to a utility service body as part of the acquisition of replacement for ER&R equipment #899, a 1997 Chevrolet 2500 Extra Cab Pickup. A service body provides weather-proof secured storage for tools, equipment and supplies while maintaining clear serviceable bed space for cargo. The service body also reduces the need for employees to climb into and dismount the truck bed to retrieve tools and equipment; reducing the opportunity for injury. 1 b. Primary customers: Department employees 2. Problem to be solved. Currently, staff transport and leave valuable tools and equipment in the truck bed, leaving them exposed to weather and theft during routine work activities. Transporting tools and equipment in the bed also reduces the available cargo space in the bed. Rail and bed mounted tool boxes aren't well suited for keeping cleaning supplies, fuels, oils, and tools separated during storage and transportation. Because of the varied mounting options it is also difficult to standardize stowing locations for tools, equipment, and supplies. Finally, rail and bed mounted tool boxes create accessibility challenges for employees. Challenges include reach needed to open the box(es) or retrieve items stored inside the box(es). 3a. Options / Advantages: Rail and bed mounted tool boxes are the primary options considered. Though rail and bed mounted boxes may have a lower acquisition and installation cost the functional, security, and safety improvements of a utility service body provides greater qualitative benefits. 3b. Cost savings: None available. 4a. Outcomes: The outcome of this Supplemental Budget Request is to upgrade ERR equipment #899's replacement vehicle with a utility service body. The Service body will immediately provides weather-proof secured storage for tools, equipment and supplies while maintaining clear serviceable bed space for cargo. The service body also provides immediate reduction in the need for employees to climb into and dismount the truck bed to retrieve tools and equipment; reducing the opportunity for injury. 4b. Measures: Direct observation by the Department Maintenance and Construction Supervisor and the Department's Wednesday, September 27, 2017 Rpe Rpt Suppl Regular 277 Supplemental Budget Request status: Pending Parks & Recreation Fund 1 Cost Center 6003 Originator. Christ Thomsen Operations Manager. 5a. Other DepartmentslAgencies: Public Works manages the ER&R program which will work to acquire the utility service body upgrade as part of ongoing ER&R activates. 5b. game the person in charge of implementation and what they are responsible for: Not applicable 6. Funding Source: General fund Wednesday, September 27, 2017 rW1 Rpt: Rpt Suppl Regular Supplemental Budget Request status: Pending Prosecuting Attorney Supp7 lD # 2459 Fund 1 Cost Center 2600 Originator. M Caldwell Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Correction of 2017 wage/benefit settlement error Department Head Signature ( quired on Hard Copy Submission) Date 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: Thursday, September 28, 2017 Rpt • Rpt Suppl Regular 279 Supplemental Budget Request Sheriff Administration Status: Pending supp7l®# 2453 Fund 1 Cost Center Originator: M Caldwell - 3 Expenditure Type: One -Time Year 1 2017 Add'1 FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Trf in of budget authority for Guild medical incr X `7 Department Head Signate (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6245 Medical Insurance $137,776 Request Total $137,776 la. Description of request. To provide for $1,744 medical premium increase for each Guild member. Other bargaining groups were adjusted previously. See companion Suppl ID # 2434. 1 b. 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: Transfer in from Non -Departmental wage & benefit reserve (General Fund) Thursday, September 28, 2017 Rpt: Rpt Suppl Regular 280 Supplemental Budget Request Status: Pending Public Works Administration Supp9ID # 2455 Fund 108 Cost Center 10890 Originator. M Caldwell/ P Rice Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'1 Space ❑ Priority 1 Name of Request: Road Trf out to support Land Records Mgmt Systems t _.. Department Head nature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 8351 Operating Transfer Out $176,094 Request Total $176,094 1a. Description of request: Companion Supplemental to Suppl ID 2395 for Land Records Mgmt/Permit Systems Project Budget Transfer an additional $176,094 from the Road Fund in support of the Land Records Mgmt/Permit Systems project. $195,773 has already been budgeted during the biennial budget process and this transfer will bring the total Road transfers in 2017 to $371,867. In addition to this transfer, $75,000 previously transferred to support Stormwater software will be repurposed to support the permit system project. There is a temporary solution in place to meet NPDES II compliance and the final Stormwater software project will be implemented separately at a later date. Grand total Road Fund contribution for this phase of the project will be $446,867, or 28%. 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: Road Fund balance Thursday, September 28, 2017 Rpt: Rpt Suppl Regular 281 Supplemental Budget Request Status: Pending Health Human Services sup c} t-; J7 2 � >> j Fund 122 Cost Center 122500 Originator. Patty Proctor Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Emergency Solutions Grant Amendment Depart a Head Signature (Required on Hard Copy Submission) Date Costs: r� _. EO- bject Object Description Amount Requested -_— ---.::..- --- - 4333.1423 Emergency Solutions 6610 Contractual Services $172,653 - - -- Request Total ($13,812) la. Description of request: The Emergency Solutions Grant provides support for the housing programs. The contract is based on the Washington State fiscal year. The new award as of 7/1/2017 was increased by 43%. This supplemental increases the budget to the new funding levels. The grant includes an 8% administration rate. 1b. Primary customers: Homeless and low income citizen 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: Washington State Department of Commerce Wednesday, September 20, 2017 Apt: Rut Supp! Regular 282 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM KGOM CO `SHIN O'10 To: Whatcom County Council Members From: Tyler Schroeder, Deputy Executive Jack Loms County Executive Subject: Budget Supplemental — Electronic Patient Care Reporting System Date: September 22, 2017 BACKGROUND With the successful passage of the EMS Levy, efforts have been made to fulfill the recommendations of the Funding Work Group (FWG) adopted by County Council in March, 2016. One of the FWG recommendations was the acquisition of a countywide electronic patient care reporting system (EPCR) and Record Management System (RMS). A new county -wide ePCR software program will provide a common data collection and analysis platform. Current systems hamper the ability to collect and analyze data for trends, improvements, and involve considerable manual effort and time to provide data for central review. To achieve this goal, the Fire Chief's Association in collaboration with the three largest fire agencies, nominated for the task, vetted several vendors to determine which could best accommodate the needs of a new county wide system. Image Trendy a leader in the industry, was determined to be the vendor most suited to Whatcom County needs. The Fire Chief's Association also recognizes that ImageTrend will be able to provide for Fire record management systems for data collection and future analysis to further improve all aspects of response, patient care and outcomes. On July 13, 2017 the Whatcom County EMS Oversight Board unanimously approved for council recommendation the acquisition and subsequent implementation of a county -wide ePCR software program in the amount of $150,000. ACTION: The County Executive requests council review and approval of this budget supplemental in the amount of $150,000 for the acquisition of a new county wide ePCR and RMS system. Ongoing maintenance costs and any cost recovery for the City of Bellingham will be requested during the biennium review process. Office (360) 778-5200 FAX (360) 778-5201 TRS: 711 283 Supplemental Budget Request Status: Pending Non -Departmental Supp9 i0 # 2316 Fund 130 Cost Center 130100 Originator. Tawni Helms Expenditure Type: One -Time Year 1 2017 Add'I FTE El Add'I Space 1 Priority 1 Name of Request. Electronic Patient Care Reporting - ePCR �i 10/2 47 Department Head Signa >dire (Req ired on Hard Copy Submission) Date Costs: Object Object Description 6610 Contractual Services Request Total Amount Requested $150,000 $150,000 1 a. Description of request: On July 13, 2017 the Whatcom County EMS Oversight Board unanimously approved for councill recommendation the acquisition and subsequent implementation of a county -wide Eletronic Patient Care Reporting (ePCR) and Record Management System. This fulfillls one of the many objectives included in the Whatcom County EMS Funding Work Group Recommendations adopted in March 2016. A new county -wide ePCR software program will provide a common data collection and analysis platform. Current systems hamper the ability to collect and analyze data for trends, improvements, and involve considerable manual effort and time to provide data for central review. IN April 2017, the Fire Chiefs Association reviewed several different ePCR software vendors and unanimously agreed that Image Trend was the vendor that could best meet the needs for a countywide system. The Fire Chief's Association also recognizes that ImageTrend will be able to provide for Fire record management systems for data collection and future analysis to further improve all aspects of response, patient care and outcomes. The EMS Oversight Board also recognized and approved the unanimous recommendation of the Fire Chiefs Association to acquire the ePCR software program offered through Image Trend, a leader in the industry. Acquisition and implementation of a new county -wide system will create efficiencies and consistency throughout the system with patient record keeping. 1b. Primary customers: ALS and BLS service providers, hospitals and patients. 2. Problem to be solved. County fire agencies are currently using a number of different ePCR systems. Many systems are old and inefficient requiring a lot of manual effort and excessive time to produce and ultimately provide data. Consistent and accessible data will be instrumental in developing and guiding many system wide decisions. This new countywide ePCR system will ensure consistency throughout the agencies and promote efficiency and improved data collection. 3a. Options /Advantages: We could delay or choose not to invest in a new countywide system. Delaying the acquisition of a new ePCR software program will not benefit the countywide EMS system. The recent EMS Levy was passed to improve and sustain the countywide EMS system as well as create new efficiencies. The EMS Oversight board appointed a Funding Work Group that unanimously recommended the acquisiton of a new countywide ePCR system which will be used to provide consistent data. 3b. Cost savings: n/a Monday, October 02, 2017 Rpt Rpt Suppl Regular Supplemental Budget Request Status: Pending Non -Departmental Supp'10 # 2316 Fund 130 Cost Center 130100 Originator: Tawni Helms 4a. Outcomes: A new efficient county -wide system will be implemented. An ambitious timeline has been set for implementation by the first of the year, 2018. 4b. Measures: Acquisition and implementation of a new county -wide system will create efficiencies and consistency in patient record keeping throughout the system. 5a. Other Departments/Agencies: Sheriffs Office Division of Information Technology 5b. Name the person in charge of implementation and what they are responsible for: Sheriff Perry Rice, IT Manager 6. Funding Source: EMS Levy tax collection Monday, October 02, 2017 Rpt: Rpt Suppl Regular 285 WHATCOM COUNTY PUBLIC WORKS DEPT. Jon Hutchings DIRECTOR CGOM co P `ti 9SH t N G� MEMORANDUM STORMWA TER - NPDES 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Stormwater: (360) 778-6210 FAX: (360) 778-6201 NPDES: (360) 778-6299 FAX: (360) 778-6211 www.whatcomcountv.us TO: The Honorable Jack Louws, County Executive and Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Public Works Director FROM: Randy Rydel, Financial Services Manager -< DATE: September 21, 2017 RE: Supplemental Budget request #2393 - Academy Road Stormwater Project funding from REET II Please find attached for approval a supplemental budget request from Public Works Stormwater for additional funding of the Academy Road Stormwater Improvement project from REET II. ■ Background and Purpose Whatcom County and the City of Bellingham jointly constructed a new stormwater retrofit project for water quality improvements in the Academy sub -basin of the Lake Whatcom watershed. Elevated levels of phosphorus have caused Lake Whatcom to be placed on Washington State's 303(d) listing as an impaired waterbody. This project will treat stormwater runoff to reduce phosphorus loading to Lake Whatcom. It is a priority capital project in the County's Lake Whatcom Comprehensive Stormwater management plan and for the City of Bellingham. The Academy Road Stormwater project was anticipated to be funded through REET II funds. As the project developed additional grant sources were identified and ended up providing over $1,000,000 of project funding. This supplanted a large amount of the original REET II funding for the project. In anticipation of these grant funds $460K of REET 11 funding was allowed to lapse in 2015. In 2016, additional REET II funds of $95K were appropriated. Now the project is complete and the final accounting indicates that an additional $29K of REET II funding is needed to cover the remaining local funding portion of this project. This brings the local funding component of the project up to $284K, significantly lower than the original $620K REET II allocation. ■ Funding Amount and Source This request, in the additional amount of $29,427, will be funded by allocated REET funds. Please contact Randy Rydel at extension 6217, if you have any questions or concerns regarding this request, Encl. WHATCOM COUNTY EOM CO STORMWA TER - NPDES PUBLIC WORKS DEPT. �r� vy� 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Stormwater: (360) 778-6210 Hutchings r FAX: (360) 778-6201 Jon g q$G�Q NPDES: (360) 778-6299 DIRECTOR r�FAX: (360) 778-6211 www_.whatCOn c. o.0 t .us MEMORANDUM TO: The Honorable Jack Louws, County Executive and Honorable Members of the Whatcom County Council THROUGH: Jon Hutchings, Public Works Directorl FROM: Randy Rydel, Financial Services Manager DATE: September 21, 2017 RE: Supplemental Budget request #2393 - Academy Road Stormwater Project funding from REET II Please find attached for approval a supplemental budget request from Public Works Stormwater for additional funding of the Academy Road Stormwater Improvement project from REET 11. is Background and Purpose Whatcom County and the City of Bellingham jointly constructed a new stormwater retrofit project for water quality improvements in the Academy sub -basin of the Lake Whatcom watershed. Elevated levels of phosphorus have caused Lake Whatcom to be placed on Washington State's 303(d) listing as an impaired waterbody. This project will treat stormwater runoff to reduce phosphorus loading to Lake Whatcom. It is a priority capital project in the County's Lake Whatcom Comprehensive Stormwater management plan and for the City of Bellingham. The Academy Road Stormwater project was anticipated to be funded through REET II funds. As the project developed additional grant sources were identified and ended up providing over $1,000,000 of project funding. This supplanted a large amount of the original REET II funding for the project. In anticipation of these grant funds $460K of REET II funding was allowed to lapse in 2015. In 2016, additional REET 11 funds of $95K were appropriated. Now the project is complete and the final accounting indicates that an additional $29K of REET II funding is needed to cover the remaining local funding portion of this project. This brings the local funding component of the project up to $284K, significantly lower than the original $620K REET 11 allocation. • Funding Amount and Source This request, in the additional amount of $29,427, will be funded by allocated REET funds. Please contact Randy Rydel at extension 6217, if you have any questions or concerns regarding this request, Encl. 287 Supplemental Budget Request Status: Pending Public Works Stormwater St'jp 't it # z_,3.6 F 1 Fund 324 Cost Center 32400 Expenditure Type: One -Time Year 1 2017 Originator. Randy Rydel Add'I FTE ❑ Add'I Space ❑ Priority Name of Request. Academy Road Close Out Funding X Department Head Signature (Required on Hard Copy Submission) Date Costs: I Object Object Description Amount Requested 8351 Operating Transfer Out $29,427 Request Total 1 $29,427 1a. Description of request: The 2015 budget for the Academy Road project fund appropriated $620k of transfer funding from REET II. As the project progressed, it became apparent that Whatcom County would receive fairly significant grant funding from the Department of Ecology, offsetting a significant portion of the REET II funding. Due to anticipated grant funding, only $160K of the $620K available was transferred to the project fund leaving the remaining $460K in the REET II fund. In 2016 $95K was requested from the lapsed funds. Currently, the project has been completed and the final grant funding has been received. While we estimated local funding at $160K, the final local fund component was $284K. While this is still well under the original $620K appropriated for the project, the 2015 Funding estimates plus the 2016 request fell short of the realized grant funding by approximately $29K. At this time the Academy Road project is requesting $29,427 of REET II funding be appropriated. 1b. Primary customers: The primary customers of this project are the citizens of Whatcom County, residents of the City of Bellingham, and anyone who benefits from recreational use of Lake Whatcom. 2. Problem to be solved. The Academy Road Stormwater project was anticipated to be funded through REET II funds. As the project developed additional grant sources were identified and ended up providing over $1,000,000 of project funding. This supplanted a large amount of the original REET II funding for the project. In anticipation of these grant funds $460K of REST II funding was allowed to lapse. The project is now complete and the final accounting indicates that too much of the REET II funding was allowed to lapse. $29K of REET II is now needed to cover the local funding portion of this project. 3a. Options /Advantages: REET II funding for stormwater project based budgets will not be allowed to lapse in the future. The end of the project will determine if the funds were needed and they will be returned at project closeout. 3b. Cost savings: REET 11 funding was anticipated at $620K. Grant funding has enabled the return of $335K to the REET II fund. 4a. Outcomes: The project has been delivered and closed out at a lower than anticipated cost to the county. 4b. Measures: Tuesday, September 19, 2017 Rpt: Rpt Suppl Regular KM Supplemental Budget Request Status: Pending Public Works Stormwater Supp'i n;7 M 239 3 Fund 324 Cost Center 32400 Originator: Randy Rydel 5a. Other Departments/Agencies: N/A 5b. Name the person in charge of implementation and what they are responsible for. N/A 6. Funding Source: REET II Tuesday, September 19, 2017 Rpt: Rpt Suppl Regular WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS Director if �GOM co 9SFiI NGC To: The Honorable Jack Louws, County Executive EQUIPMENT SERVICES DIVISION 901 W. Smith Road Bellingham, WA 98226-9610 Phone (360) 676-6759 Fax (360) 380-8115 Eric L. Schlehuber, Division Manager SEP 2 5 2017 Through: Jon Hutchings, PW DirectorJACK LOUWS COUNTY EXECUTIVE From: Eric Schlehuber, Equipment Services Manager(:i��) Subject: 2017 Supplemental Budget Request- Supp ID#2017-2432 Date: September 22, 2017 Enclosed for your review and signature is a supplemental budget request for the ER&R Fund No. 501 in the amount of $50,000. ■ Requested Action Public Works requests that the County Executive and County Council authorize a supplemental budget request for 2017 in the amount of $50,000 in the ER&R Fund No. 501. This would appropriate 2017 capital equipment replacement funds to replace Parks #829 (2004 Mercedes Sprinter van) that was involved in an accident on 5/11/17 and was totaled. Third party was at fault and insurance recovery is underway. ■ Background and Purpose To provide 2017 capital equipment funding for the attached vehicle replacement. ■ Funding Amount and Source The supplemental budget request would be funded by the unspent ER&R fund balance in the amount of $50,000. Please contact me at extension 6405 if you have any questions or concerns regarding this request. Attachment 290 Supplemental Budget Request Status: Pending Public Works Equipment Services supp't 11) # 2432 Fund 501 Cost Center 501100 Originator. Eric Schlehuber Expenditure Type: One -Time Year 1 2017 Add'll FTE 0 Add'i Space O Priority 1 Name of Request: Replacement Parks Sprinter Van for totalled #829 Department Head Sig ure (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 7410 Equipment -Capital Outlay $50,000 Request Total $50,000 1a. Description of request: To replace Unit #829 2004 Mercedes Sprinter van -that was totalled in an accident on 5/11/17. Third party was at fault and insurance recovery is underway. 1b. Primary customers: Parks Dept. 2. Problem to be solved. Unit #829 was not budgeted yet for replacement but capital budget authority is needed to replace this totalled van in 2017. 3a. Options /Advantages: N/A 3b. Cost savings: N/A 4a. Outcomes: Replacement of the van when put into service 4b. Measures: When vehicle is put into service. 5a. Other Departments/Agencies: Parks. 5b. Name the person in charge of implementation and what they are responsible for. N/A 6. Funding Source: Parks ER&R equity and yet to be determined insurance recoveries. Wednesday, September 27, 2017 Rpt: Rut Suppl Regular 291 Budget Department Fund Asset To Be Replaced Year Cost Equipment Rental and Revolving Fund Vehicle & Equip Replacement and Additions to the Fleet ER&R ER&R 2004 Mercedes Sprinter Cargo Van- Parks 2017 $ 50,000 Total $ 50,000 292 0 293 Status: Pending Supplemental Budget Request Public Works Equipment Services Supnl /0 .� 2456 Fund 501 Cost Center 501100 Originator. Kellie Eiswald Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Vehicle #899 Service Body Upgrade Department Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 7410 Equipment -Capital Outlay $13,000 Request Total la. Description of request: Truck Service Body for Parks Department vehicle #899. 1b. Primary customers: 2. Problem to be solved. Weather-proof storage. 3a. Options /Advantages: Rail and bed storage. 3b. Cost savings: 4a. Outcomes: 4b. Measures: 5a. Other Departments/Agencies: Parks Department upgrade. Higher rental rate for this vehicle in the future. 5b. Name the person in charge of implementation and what they are responsible for. 6. Funding Source: Park Department operating transfer. $13,000 Thursday, September 28, 2017 Rpt: Rpt Suppl Regular 294 WNATC'OH r0117VTY rOlINC'IL AGENDA BILL NO. 2017-297 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 0912912017 -- ( 1 �` 7 II"" �a [�'v_, i�,.J 1011012017 Intro Finance Committee; Division Head: "" ���� OCT 03 2017 ,A, kAir��'e. �'G0M COUNT gp 1012412017 CDUitcll Dept. Head: 0912912017 Prosecutor: 10/02.e7 Purchasing/Budget: Executive: TITLE OF DOCUMENT. Ordinance to repeal the 1996 Accident Prevention Program (Ordinance 96-008) ATTACHMENTS: Ordinance Administrative Policy — Accident Prevention Pro ram SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( ) Yes (X) NO SEPA review completed? ( ) Yes (X ) NO Requested Date: SUMHARYSTATEMENT 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 County's Accident Prevention Program (APP), as required by Washington Administrative Code (WAC) 296-800-140, has been updated in the form of an administrative policy approved by the County Executive to meet current law and safety requirements of Whatcom County Code Chapter 3.04 (Personnel System). This ordinance would repeal the APP previously in effect which was adopted by the County Council in 1996. As administrative policy posted on-line, the APP contains links to policies, rules, regulations, and resources to help employees, supervisors, and managers maintain safe work environments free from hazards and can be more easily updated to reflect rule changes and update best safety practices. 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. 295 SPONSORED BY: Executive Louws PROPOSED BY: Executive Louws INTRODUCTION DATE: ORDINANCE NO. REPEALING ORDINANCE NO.96-008, ACCIDENT PREVENTION PROGRAM WHEREAS, Whatcom County complies with Washington Administrative Code (WAC) 296-800-140 (formerly WAC 296-24-040) to "establish, supervise and enforce an accident prevention program (APP) that is effective in practice"; and WHEREAS, the Whatcom County Council adopted the Accident Prevention Program by Ordinance No. 96-008 on February 6, 1996; and WHEREAS, the Accident Prevention Program has been updated to match current law and safety requirements of Whatcom County Code Chapter 3.04 (Personnel System); and WHEREAS, because the programs described by the Accident Prevention Program evolve continuously, best practice is to maintain this program as an administrative policy that can be easily updated to reflect new rule changes and safety practices; and WHEREAS, the Accident Prevention Program has been approved as an administrative policy by the County Executive September 28, 2017. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Ordinance No. 96-008 is hereby repealed in its entirety. ADOPTED this day of , 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council Barry Buchanan, Council Chair APPROVED AS TO FORM: Daniel Gibson, Chief Civil Deputy Prosecutor Page 1 () Approved () Denied Jack Louws, County Executive 296 Whatcom County INTRODUCTION Whatcom County places a high value on the safety of its employees and is committed to providing a safe workplace. This updated Accident Prevention Program applies to all County departments and uses new on-line tools to enhance communication of the program. The Accident Prevention Program sets forth our shared responsibility as employees, supervisors, and managers for maintaining a safe workplace free from hazards. It presents basic concepts from State law in Plain English for ease of reading and use. The links provide quick access to policies, rules, regulations, and resources applicable to employees' particular work environments. The Accident Prevention Program will be periodically modified to meet best safety practices and to comply with state and federal laws. It is published on-line in two formats: 1. The OFFICIAL program polices are contained within APPOL (Administrative Policies & Procedures On -Line) on Inside Whatcom. On the home page, click the "Policy" button: Go to the Human Resources section, then to "Employee Safety & Health." 2. A portable document format (PDF) is posted on-line as a reference document at the bottom of the Employee Safety & Health page. It contains links to forms and more detailed information and resources. 3. Departments may print copies to post on their Safety Bulletin Board and to share with new employees, however keep in mind the most current version is in APPOL, so printed copies should be replaced when updates are announced. Please direct questions and suggestions to Karen Goens, HR/Risk Manager at hr@comhatcomma.us. 297 Whatcorn County Accident Prevention Program 5rle-of -Co—, tni-ts ............................... .................... ................ .............. .......... ......... ...... .............................................................. PROVIDING A SAFE WORKPLACE & PREVENTING ACCIDENTS ................. . 3 ............... ............ ........ .......... ..................... ................ .................................. ............... .................. . ................................ ........... - ........................................................ ...................... Preventing Accidents - Department HeadsResponsibilities ............. 3 .............. ................... .................. ........... ................................................ - ................ .................. .............. ............ .............. ............................................ - ............ .................... Preventing Accidents - Supervisors' Responsibilities .................... ................ 3 ................... ........................... ........ ............ ................. ...................... ................ .......... ................ ............................ Preventing Accidents - Employees' Responsibilities ..................... 4 ................... ................ ......................... ................. ................. ................. ................. .............. .............. .... .................. - ............................ POSTING SAFETY INFORMATION ................................. .... .................. 4 .................................... ................. ...................... ............. - .......... ............ ......................... ............................ ...................................... ........... .......... ........... REQUIRING SAFETY TRAINING .............................................. ........... 4 .......... ............................. ........... ............................................... ............... .................. - ............... ........... . .................... .............. ... ........................... ................................... FORMING A SAFETY COMMITTEE .......................................... . ........... 6 ........................... ................... ............................................................................... .......................... ........................................ ........... ............... USING EQUIPMENT SAFELY ................................................ .... ................. 7 ........... ...................................................... ............. ............... ................ - .......... ........................... ......................... ................ ..................... .............. IDENTIFYING & USING HAZARDOUS CHEMICALS ............................ . 8 ..................... REPORTING ACCIDENTS & INCIDENTS ........................... .......... ............. 8 .............................................................. .......... .......... ............. .................................. ............... ................ ..................... ............... .......................... ........... .................. .............................. ..... ....... INVESTIGATING ACCIDENTS AND INCIDENTS ................................ 9 ........... ................ ................................ ................................................................. - ........................ ....................................................................................... REPORTING UNSAFE CONDITIONS ......................................... 9 ......................................... ........... ..................................... ................................. ........... ........... ............. ............... ........ ............... ............................................................... MANAGING FIRST AID READINESS ........................................... ............. 10 ...................... .......... ............... ......................... .................... ............ ................ ..... ........................ .......... ................. .......... .................................. ... ....... PREVENTING EXPOSURE TO BLOODBORNE PATHOGENS ...................... 11 ...... .......... ................. ..................................... ..................................... ........... .......... .......... ...................... ............ .......... ........... ........... .................... ............ PREVENTING HEAT -RELATED ILLNESS ....................................... 12 RESPONDING TO EM [ERGENCIES .............. ........................... ........... 13 ................................................................................... ..................... ......................................... ............................................. ............. .............. ........................................ - ........... ............................................. ............. ............ ........... Evacuating County Buildings ......................................... .................. . ...... 13 ............. - ................. ............ ................ .............. - .......................... .............................. - ............ ........... ....................... ............ ................... ................... .................. ......... .......... .................. Responding to Fire & Smoke ......................................... ............ 13 .............................................. ................................................................ ................ ....................................... ................... ............. ................... ................................. ................... .................................................................................... ............ Responding to Earthquakes ........................................... ............................. 14 ............ ......................................................... ............... ............................... ........... .............................. ................... .................. ........... ............. ........... ................ ................. ........................................ ........... Responding to Hazardous Spills .............................. .......... 14 . .......................... ............. ...................................................... ...................................................................... ..................................................................................... - ................... .............................................. ................................... Responding to Suspicious Mail ........................................ 14 ........... ........................... - ............... ................ .......................................................................... .............................................................................................................................. ............................................. ........................................................ Responding to Bomb Threats ............................ .......... .......... ... ................. .............. ........... ............ ..................................................................... ...................... ............ ...................... ................. .......................... ...................... ............................... 15 (-u.nity Ac:k1cm Kw This policy applies to all employees and volunteers. 1. Whatcom County Follows WAC 296-800-140 "Accident Prevention Program" The County has adopted a formal, written accident prevention program. 2. Whatcom County Maintains Safe and Healthy Workplaces Employees in all positions will comply with applicable health and safety rules to provide a work environment as free as possible from identified hazards. 3. Employees Work Together to Foster Safe Work Environments Supervisors will provide a general safety orientation to all new employees and on -going job - specific safety training. Employees will promptly discuss safety issues and concerns with their supervisors. NOTE: Several County departments follow particular safety policies related to special business operations, for example, Facilities, Health, Juvenile Detention, Parks, Public Works, and the Sheriff (including Jail). TASK Preventing Accidents - Department Heads - A 344-IOOA Department Heads will: • Understand safety requirements for operations under their direction. • Ensure supervisors and employees receive training in safe work practices. • Enforce safety rules and discipline for safety violations. • Investigate incidents promptly and thoroughly. • Take corrective action to prevent hazardous conditions or behaviors from reccurring. • Provide and support department's representative to Safety Committee. • Evaluate staff performance of safety responsibilities. • Plan for foreseeable emergencies. • Post notices required by law. TASK Preventing) Accidents - Supervisors — A 344100 Supervisors will: • Understand safety requirements for operations under their direction. • Inspect work areas daily and remove any hazards. • Train each employee in safety rules and practices. • Observe employees' work and correct unsafe behaviors. • Prohibit an employee from performing work if the employee appears impaired. • Investigate and take corrective action as necessary. • Review reports of accidents and injuries and find ways to prevent future incidents. • Anticipate risks or hazards that may arise from changes in equipment or methods. (:it i V i '' ') t. ..: 299 TASK Preventing Accidents ® Employees _.._ AD344100C_ Employees will: • Learn and practice general safety and special requirements for their position. • Cooperate and assist co-workers in following safe work practices. • NOT operate equipment without training or authorization. • Use ALL required safety devices. • NEVER remove or disable safety devices or safeguards. • Obey safety warning signs. • Immediately report all work -related injuries or illness, regardless of severity. • Immediately report unsafe conditions and actions and near -miss events. • Use seat belts and avoid distractions from personal devices while driving on the job. • Keep work areas clean and aisles clear. • NEVER stand on chairs, desks, or other furniture. • Treat all body fluids as infectious and apply universal precautions. • NOT work while under the influence of drugs or alcohol. This policy applies to all County departments. 1. Department Heads Install and Maintain Safety Bulletin Boards The Department Head or designee will install a Safes Bulletin Board in each major work location with: • Fire/evacuation plan and exit route diagram • Job Safety and Health Law and Notice to Employees (Self -Insurance) posters • OSHA 300 Summary of Work Related Injuries (February 1 to April 30) • Safety bulletins, newsletters and/or other safety educational material 2. Whatcom County Posts Safety Information on InsideWhatcom The Human Resources Manager and Facilities Manager will post and regularly update safety information for all employees on the County's intranet: Inside Whatcom. This policy applies to supervisors in all departments. 1. Supervisors Orient New Employees and Volunteers On the first day of work, the Supervisor will conduct a safety orientation which covers: • Security issues (keys, badges, access, panic button) • Fire extinguisher & first aid locations • Emergency warden & safety committee member • Fire/Emergency evacuation plan & route to rally point • Responding to emergencies (County Phone Directory pp. 28-32) • Safety information & bulletin board • Accident Prevention Plan Vi Cl<.�,;o1i1 t !i.(i1? A .mil 'cili 300 • Reporting injuries & accidents 2. Supervisors Provide Position -Specific Safety Training The Supervisor will review working conditions and, prior to assigning work, will train employees about potential job hazards: • Driving • Lifting • Using equipment • Using tools • Potential exposures o Bloodborne pathogens o Heat • Hazardous materials 3. Supervisors Document Department's Safety Training 4. Supervisors Assign Relevant County -Wide Safety Training The Supervisor will review policies for relevant topics and frequency and will assign training: • For frequent drivers, Defensive Driving • For jobs with risk of exposure to blood, Bloodborne Pathogens • For first aid responders within a work group, First Aid/CPR The Human Resources Office Coordinator will document employees' county -wide safety training attendance. 301 FORMING A SAFETY COMMITTEE - AD144-140Z This policy applies to general Whatcom County employees. County departments will conduct additional safety meetings and follow safety policies specific to their special business operations: Facilities, Health, Juvenile, Parks, Public Works, and the Sheriff's Office. 1. Whatcom County Follows WAC 296-800-130 "Safety Committees" The Safety Committee reviews incident reports, identifies safety problems, and evaluates the effectiveness of safety practices in preventing accidents. 2. Employees and Department Heads Select Members Employees and Department Heads select at least one member and one alternate member to represent their department on the Safety Committee. Employee -selected members will be in the majority. Large departments with multiple work locations may have more than one Safety Committee member. If a vacancy occurs, department employees or the Department Head will make a new selection before the next scheduled meeting. 3. Safety Committee Sets Regular Meetings and Elects Officers The members of the Safety Committee will decide the frequency, date, hour, and location of meetings and, annually, will elect officers by majority vote: • Chair — approves agenda, leads meetings Vice Chair -- leads meetings in absence of Chair Recording Secretary — drafts agenda, documents attendance, takes notes, posts minutes on-line For each meeting, members: • Attend (or have alternate member cover absence). • Review and approve minutes from previous meeting. • Review the incident log and identify unsafe conditions. • Evaluate accident investigations to see if cause of unsafe situation was corrected. • Recommend improvements. • Receive training about safe work practices. Between meetings, members: • Encourage safe work practices. • Perform monthly inspections of the area they represent. • Communicate safety issues to employees they represent. • Assist in the coordination and evaluation of emergency drills. 'p;;-,. .,l) `t r it t;C;?t t'!i `!(.it Projam 302 USING EQUIPMENT SAFELY - AD 441_50Z This policy applies to all employees and volunteers. 1. Whatcom County Keeps Machinery and Equipment Safe to Operate The Department Head requires preventive maintenance to keep machinery and equipment safe to operate. 2. Whatcom County Provides Required Personal Protective Gear Depending on the work, the Supervisor will provide and require the use of: • Hard hats • Gloves • Hearing protection • Eye protection • Respirators • Other protective clothing and equipment 3. Supervisors Provide Job -Specific Safety Training Before work starts, the Supervisor or designee will make sure each employee is competent and receives training on safe operation of equipment and machinery. The Supervisor or designee will provide instruction on the use of personal protective gear including: • What gear is necessary and why • How to put on, take off, adjust, and wear gear • Limitations of personal protective gear • Proper care, maintenance, useful life, and disposal of gear 4. Employees Using Equipment Follow Job -Specific Safety Rules The employee will follow safety rules and will wear protective gear while using equipment and performing work. The employee will ask questions and make suggestions for improving safety. 5. Whatcom County Requires Lock Out for Service and Maintenance When servicing machines which can cause injury from unexpected release of energy, authorized employees will: • Make sure the machine or equipment is stopped • Isolate machine from potentially hazardous energy sources • Lock machine out before beginning work • Not attempt to start, energize or use any machine that is locked out For more information, see Department of Labot_r� Industoes Personal Proi.ecrive,�-quiorrient (�' 1 ) C mole 303 IDENTIFYING &. USING HAZARDOUS CHEMICALS - AD 1.44160Z This policy applies to all departments where employees use potentially hazardous chemicals on- the-job. 1. Whatcom County Limits Use of Hazardous Chemicals Where available, Department Heads will substitute non -toxic or least toxic products [see also Controlling Pests in County Courthouse]. 2. Department Head Lists & Labels Chemicals Used The Department Head or designee will maintain lists of hazardous chemicals in the workplace and will label all containers including hazard warnings. 3. Supervisor Trains Employees To Prevent Exposure to Hazardous Chemicals The Supervisor will maintain Safety Data Sheets (SDS) for each chemical used in the work area for employee review. The Supervisor will train employees on the safe handling of chemicals, including: • Operations where chemical hazards are present • List of chemicals and safety data sheets • Precautionary measures to lessen hazards, including ventilation, respirators, presence of another employee • Emergency procedures in the event of exposure This policy applies to all employees and volunteers. 1. Employees Report ALL Accidents and Incidents By the close of the work shift, the employee or volunteer will report to his or her supervisor any accident or incident that causes personal injury or damage to equipment, to property, or to vehicles. If there is a personal injury, the employee or volunteer will complete the Iniury/Illness Incident Report form. If someone is unable to complete the form, another person may do so noting why the employee or volunteer did not complete it. For non -injury incidents, the employee will complete a Non -Injury Incident Report. For incidents or accidents involving members of the public, the employee will complete a Citizen Incident Report. 2. Supervisors Investigate and Respond to ALL Accidents and Incidents For all events, the Supervisor will investigate and take corrective action as applicable. If an employee requires medical treatment, within 24 hours the Supervisor will follow the procedure for filing a claim for a work -related injury. `!V i"7r „.tI , r,Ut,l i y �,�.„ l[ i ; "i 1 i< F,f { r 304 3. Drivers Immediately Report Vehicle Accidents Regardless of estimated damage or whether in a county or personal vehicle, the driver will immediately report accidents which occur while on county business to law enforcement and to his or her supervisor. (Driving Vehicles — AD113001Z) When an accident involves a county vehicle, the supervisor will immediately notify the Eauipment Services Manager. TASK Investigating Accidents & Incidents - Supervisors -- AD344250A Upon receipt of a report of incident, accident, or "near -miss" event, the Supervisor will: 1. Review and complete the supervisor section of the applicable form: • InjuryAllness Incident Report • Non -Injury Incident Report • Citizen Incident Report 2. Investigate the incident: • Preserve and document the scene • Collect information • Determine root causes • Document investigation and results 3. Implement corrective action to prevent recurrence. For more details, see Oar inc,id i' Inicstigations A_r�_ id r0r rnoi viers This policy applies to all employees and volunteers. 1. Employees and Volunteers Immediately Report ALL Unsafe Conditions If an employee or volunteer observes a potentially unsafe condition or practice, he or she will immediately report it to the supervisor. To report facility -related problems, the employee will submit a Facilities Work Order. If the facility -related request is an emergency, the employee or supervisor will call (360) 778-5360 during business hours or (360) 410-7358 after-hours. 2. Supervisors Investigate and Respond to ALL Reports of Unsafe Conditions The Supervisor will take corrective action as applicable. 3. AS -Facilities Manager Assigns Priority to Safety -Related Repairs 305 MANAGING FIRST AID READINE - .AD144300Z This policy applies to all Whatcom County employees. 1. Department Head Assigns and Trains First Aid Responders The Department Head or designee will complete a Hazard Assessment to identify the department's first aid needs and will assign first aid responder duties. The Department Head will assign enough employees to adequately cover the department's potential first aid needs. Departments with construction employees will follow special requirements. The Department Head or designee will require first aid responders to attend First Aid training. 2. Whatcom County Conducts First Aid Training According to State Standards Administrative Services (A.S.) Human Resources will offer first aid training sessions each year and will log participants' attendance. The curriculum will cover topics recommended by the American Red Cross, American Heart Association, or other professional organization. If a department's first aid responders cannot attend, the Department Head or designee will register responders in a comparable course. 3. Department Head Makes First Aid Supplies Readily Available The Department Head or designee will provide first aid kits in easily accessible, well -marked areas with supplies that match the work setting. Public Works Equipment Services provides first aid kits for County vehicles. The Department Head or designee will restock supplies after use. The Department Head or designee will regularly inspect kits (in the office and in County vehicles) to assure that: • Kits contain all mandatory contents, including protective equipment for potentially infectious materials. • First aid materials are stored in containers to prevent damage, deterioration, or contamination. • Containers are clearly marked and, if sealed, they are not locked. • Containers are portable and can be carried where needed. 4. Supervisor Informs ALL Employees of First Aid Kit Locations The Supervisor will conduct a safety orientation, including first aid kit locations, for all newly hired employees. S. Some Departments Provide Emergency Washing Facilities Where there is potential for an employee's body or eyes to contact corrosives, irritants, or toxic chemicals, the Department Head will ensure that emergency showers and/or eyewashes are accessible within ten minutes' reach. The Department Head or designee will ensure that emergency washing facilities are: • Kept free of obstacles that could block their use. • Functioning correctly, and provide satisfactory quality and quantity of water. • Inspected regularly. 6. Whatcom County Safety Committee Evaluates First Aid Program The Whatcom County Safety Committee will evaluate the first aid program as an element of its regular review of reported incidents. 306 This policy applies to employees working in jobs with exposure to blood or other infectious materials. For purposes of this policy, 'occupational exposure" means reasonably anticipated skin, eye, mucous membrane, or parenteral (needles, bites, cuts) contact with blood that may result from performance of an employee's duties 1. Whatcom County Complies with WAC 296-623 Occupational Exposure to Bloodborne Pathogens 2. Department Heads Determine Which Job Classifications Have Exposure 3. Whatcom County Conducts Bloodborne Pathogen Training Annually Administrative Services (A.S.) Human Resources will offer at least one county -wide BBP training option annually about employees' risk of exposure to bloodborne pathogens and ways to protect themselves. The Department Head or designee will provide alternative training if an employee cannot participate in the county -wide option. Important Resources BBP Exposure Checklist (PDF) BBP Exposure Control Plan (PDF) Blood Spill Clean Up (PDF) OSHA BBP Fact Sheet (PDF) See also Bloodborne Pathogen page ni Pit" 307 PREVENTING HEAT -RELATE ILLNESS - D14435OZ This policy applies to all Whatcom County employees and volunteers who work outdoors, except for incidental outdoor work, such as travel or forklift operations. 1. Supervisor Evaluates Potential for Heat Exposure Each year by June, the Supervisor will evaluate factors that could cause heat -related illness for employees who work outdoors: • Air temperature • Relative humidity • Radiant and conductive heat • Air movement • Workload intensity and duration • Personal protective equipment 2. Supervisor Monitors and Adjusts Working Conditions The Supervisor will limit employee exposure to heat -related illness by: • Checking daily weather reports • Encouraging employees to drink water in small quantities, at the rate of one quart or more per hour • Adjusting frequency, timing and duration of rest breaks to environmental factors • Using devices to reduce heat effects, such as cooling vests or misting stations 3. Supervisor Responds Immediately to Signs and Symptoms of Heat -Related Illness The Supervisor will respond immediately if an employee or volunteer shows signs or reports symptoms of heat -related illness. The Supervisor may: • Relieve employee from duty • Help the employee reduce body temperature by providing: o Rest in shaded areas o Misting stations o Temperature controlled environments (i.e. air conditioning) The Supervisor will call emergency medical services if the employee needs medical assistance 4. Whatcom County Provides Heat -Related Illness Training The Public Works Safety and Training Specialist will provide training and information to the organization about heat -related illness and prevention measures. Supervisors will require training for employees who work outdoors on the signs, symptoms, and prevention of heat -related illness. [7 �. y et. io!: M RESPONDING TOEMERGENCIES from Emergency Policies & Procedures TASK Evacuating Buildings for Emergencies & Drills— Employees - a 30 When ordered to evacuate for emergency or drill, each Employee: 1. Secures cash or valuable documents, unless it would compromise personal safety. 2. Takes personal items: • ID badge • Coat • Wallet or purse • Car keys 3. Looks around work area. 4. Reports to supervisor or Emergency Warden: • Unusual or unattended items - DO NOT TOUCH • Injuries • Hazards or damage to building 5. Does NOT turn off or on any electrical equipment. 6. Does NOT use radio transmitters or receivers or cell phones. 7. Closes doors and windows. 8. Follows evacuation route with Emergency Warden to Rally Point. 9. Waits at Rally Point until released by Emergency Warden. 10. Returns to work area with Emergency Warden. 11. Follows alternative instructions from Emergency Warden. TASK Responding to Fire &Smoke— Employees - AD310550B In cases of fire or smoke, the Employee: 1. If first to notice fire or smoke, calls 911. 2. If first to notice fire or smoke, activates fire alarm. 3. Notifies supervisor and/or Emergency Warden. 4. When alarm sounds, secures cash or valuable documents, unless it would compromise personal safety. 5. Takes personal items: • ID badge • Coat • Wallet or purse • Car keys 6. Shuts doors and windows. \ry 11. If om �. t), Vi 309 TASK Responding to Earthquakes- Employees - D31LO56 � During an earthquake and earthquake aftershocks, the Employee: 1. Takes shelter ("drop, cover, and hold") under tables or desks. 2. Stays away from windows, shelves, and heavy equipment. 3. Remains in place through aftershocks. 4. Waits for instructions from Emergency Warden. 5. If ordered to evacuate, follows Emergency Warden to Rally Point. Does NOT use the elevator. TASK Responding to Hazardous Spill or Release - Employees - AD310570A In the event of an internal or external hazardous material spill or release, the Employee: 1. Closes all windows and doors. 2. If visible smoke, fire, vapor cloud, or ash: • Covers mouth and nose with cloth. • Remains in place. • Waits for instructions from Emergency Warden. 3. If ordered to evacuate, follows Emergency Warden to Rally Point. TASK Responding to Suspicious Mail - Employees - AD3105708 Upon identification of a suspicious item (letter or package) addressed to Whatcom County, the Employee: If Suspicious Item is UNOPENED: 1. Remains calm. 2. Alerts others in vicinity of suspicious package. 3. Places article in biohazard bag. 4. Remains in office or immediate work area. 5. Notifies Supervisor. 5a. Supervisor or Designee notifies Sheriff Deputy at (360) 410-9928. 6. Calls Facilities Manager at (360) 410-7358 and provides exact location of incident and description of package. 7. Does NOT touch anyone. 8. Minimizes physical contact with anything else. 9. Keeps hands away from face to avoid contamination. 10. If possible (without leaving work area), washes hands with soap and water. 11. Waits for further direction from appropriate authority. 'c .t.:'•'_ ).it?[ta , s: t1 tt E(il l:l. P1 21-clUT1 310 If Suspicious Item is OPENED: 1. Remains calm. 2. Immediately stops handling item. 3. Alerts others in vicinity of suspicious package. 4. If possible, places an object over the package without disturbing it (e.g. a large waste bin). 5. Notifies Supervisor 6. Calls Facilities Manager (360) 410-7358. 7. Stops anyone else from entering the room/work area. 8. Does NOT touch anyone. 9. Minimizes physical contact with anything else. 10. Keeps hands away from face to avoid contamination. 11. If possible (without leaving work area), washes hands with soap and water. 12. Closes all doors and windows. 13. Waits for further direction from appropriate authority. CHECKLIST Responding to Bomb Threats - Employees - AD3105 0B In the event of a bomb threat, the Employee: 1. Follows the checklist to collect information 2. Calls 911 to report the information 3. Calls the Executive's Office (360) 778-5200. Checklist (fill-in form on-line) • Date and time reported • How reported (phone, mail, other) • Exact words of caller • Questions to ask: o When is the bomb going to explode? o Where is the bomb right now? o What kind of bomb is it? o What does it look like? o Where are you calling from? • Description of caller's voice o Gender? o Accent? o Tone of voice? o Is voice familiar? o Background noise? o Time caller hung up • Your information o Name o Location (be specific) o Other 311 WMA TCOM COUNTY COUNCIL AGENDA BILL NO. 2017-298 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 2, II (- I �\ / IC 1�- c � �ry \vV LL [�� 10/10/17 Introduction Division Head: . _� 10124117 Finance Council Dept. Head: � � 17gp Prosecutor: [$5g $ R € a H,0` #��EL, Purchasing/Budget: f3 d A ��2 `�W 6 Executive. / TITLE OF DOCUMENT.• Amendment No. 1 to Ordinance No. 2014-085 Establishing the Integrated Land Records and Permit Management System Fund and Establishing a Project Based Budget for Integrated Land Records and Permit Management System Projects ATTACHMENTS: 1. Ordinance 2. Exhibit A - Supplemental Budget Request and Memo 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 mustprovide 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.) Requesting Council approval for additional budget authority of $1,448,327 to be added to the project budget for permit system purchase and implementation. 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. 312 WHATCOM COUNTY ���GOM C10 ADMINISTRATIVE SERVICES To: Jack Louws, County Executive Whatcom County Council From: Perry Rice, IT Manager INFORMATION TECHNOLOGY Whatcom County Courthouse 311 Grand Avenue, Suite 305 Bellingham, WA 98225-4038 Date: September 29, 2017 Re: Supplemental Budget Request — Permit System Replacement PERRY L. RICE IT Manager Enclosed is a supplemental budget request to appropriate $1,448,327 in funding for a new permit system in the Integrated Land Records and Permit Management System Fund (project budget). This is the next step to complete the budgeting and contracting for the new permit system project. In the 2017/2018 Biennium, Council appropriated a transfer of $783,092 towards a new permit system. Budgeting for the overall project was deferred until the County completed its needs assessment and received cost estimates from the RFP process. A top vendor has now been identified for a new permit system and overall costs for software, hardware and implementation services is estimated to be $1,598,327. It is anticipated that a contract with our top vendor will be before Council in October\November 2017. 313 PROPOSED BY: Executive INTRODUCTION DATE: 10/10/2017 ORDINANCE NO. AMENDMENT NO. 1 TO ORDINANCE NO. 2014-085 ESTABLISHING THE INTEGRATED LAND RECORDS AND PERMIT MANAGEMENT SYSTEM FUND AND ESTABLISHING A PROJECT BASED BUDGET FOR INTEGRATED LAND RECORDS AND PERMIT MANAGEMENT SYSTEM PROJECTS WHEREAS, this fund was established to improve the land records geographic information system (GIS), implement software for stormwater asset maintenance, plan the replacement of the permit system and implement Web GIS; and WHEREAS, the land records geographic information system project is under contract and a lower cost solution has been implemented for stormwater asset maintenance software; and WHEREAS, the permit system has been planned and needs assessment completed; and WHEREAS, it is proposed that a new permit system be purchased and implemented, and WHEREAS, funding is available for the new permit system from the General, Road and Flood Funds, NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Ordinance 2014-085 is hereby amended by adding $1,448,327 of expenditure authority, as described in Exhibit A, and re -purposing $150,000 of current funding originally assigned for stormwater software, for a total amended project budget of $2,616,661. ADOPTED this day of ATTEST: Dana Brown -Davis, Council Clerk 9-•1 r'os'ecutor 2017. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: 314 Supplemental Budget Request Status: Pending Administrative Services Information Technology supp'I ID 9 2395 Fund 369 Cost Center Originator: P.Rice for PUPW/HUAR/ Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space O Priority 1 Name of Request: Permit System Replacement - Implementation 9/2 X DepartmenHead Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6510 Tools & Equip $115,494 6720 Telephone - $32,284 7190 Other Miscellaneous $20,302 7420 Computer -Capital Outlays $1,280,247 8301.169 Operating Transfer In ($117,464) 8301.108 Operating Transfer In ($371,867) 8301.001 Operating Transfer In ($958,996) Request Total $0 1a. Description of request: This supplemental budget request appropriates funding for a new permit system in the Integrated Land Records and Permit Management System project budget. The budget to purchase and implement the permit system is $1,598,327. This request totals $1,448,327 and anticipates using $150,000 originally budgeted for storm water software which is no longer needed since a lower cost solution has been implemented. This request is funded with transfers totaling $783,092 which were included in the 2017-2018 biennial budget. An additional $590,235 will be requested in a 2017 supplemental request from the General Fund and the Road Fund and $75,000 originally budgeted for consultant services in the Planning and Development Services budget will be transferred. 1b. Primary customers: Planning & Development Services Department Public Works Department Health Department Assessor's Office Auditor's Office Information Technology Business Partners: Building Industry, etc. Citizens 2. Problem to be solved: Whatcom County Planning & Development Services and other departments have been using the Tidemark Advantage permit system from Accela since 1992. The software tracks over $124 million in permit valuation and helps to process over 5,000 permit applications per year. The software is beyond its useful life and has no support from the vendor. It has become increasingly difficult for Information Technology to keep this critical county system operational. In recognition of the need to replace the current permit system, County Council included funding in the "Integrated Land Records and Permit Management System" Project Budget in the 2015 - 2016 Biennial Friday, September 29, 2017 Rpt: Rpt Suppl Regular 315 Supplemental Budget Request Status: Pending Administrative Services Information Technology Supp l ro # 2395 Fund 369 Cost Center Originator. P. Rice for PUPW/HUAR/ Budget for a consultant to assist the county to plan and budget for this replacement. SoftResources, Inc. was selected from RFP #15-60 as the independent consultant. SoftResources summary recommendation is as follows: "Based on the review and assessment of the County's Permiting software and supporting business processes, we recommend that the County replace the Tidemark application either with an alternative Accela application, or with another best -of -breed software application. By replacing Tidemark the County will benefit from a more modern Permitting software solution that provides deeper funtionality, improved flexibility, real-time integration between modules and improved technology to better support seamless integration with, or interfaces to other County applications." In late 2016, RFP #16-66 was issued for Permit Tracking and Data Management Software. SoftResources assisted the County conduct an extensive evaluation process and a top vendor has been identified. This budget request is based on recommendations from SoftResources and best available costs from our top vendor. A proposed contract with our top vendor is expected to be ready for County Executive and County Council consideration in October 2017. 3a. Options /Advantages: The primary alternative is to continue to operate the current Tidemark permit system. Replacing this system is the best option since it is beyond its useful life, no support is available from the vendor and it is not meeting the needs of County departments, business partners or citizens. 3b. Cost savings: A new system will provide numerous benefits to County departments, business partners and citizens such as: - Online access to submit permits and to review status - Mobile workforce tools for staff to expedite field work - Improved capabilities to support LEAN workflows implemented in recent years - More automation to help reduce paper - Integration with Geographic Information Systems (GIS) - Electronic plan review - Improved reporting capabilities 4a. Outcomes: A new permit system will be selected and procured in 2017 and implemented in 2018 - 2019. 4b. Measures: The new permit system will be in production and meeting the needs of county departments (PDS, PW, Health, Assessor's Office, Auditor's Office and Information Technology), business partners and citizens. During implementation, the vendor and project team will be working closely with stakeholders to properly configure the new system to optimize outcomes. 5a. Other Departments/Agencies: A new permit system will impact the following stakeholders: Planning & Development Services Department Public Works Department Health Department Assessor's Office Auditor's Office Information Techology Business Partners: Building Industry, etc. Citizens 5b. Name the person in charge of implementation and what they are responsible for. In addition to IT staff, the core project team will include Denise Smith, Nick Smith and Sarah Watts from Friday, September 29, 2017 Rpt: Rpt Suppl Regular 316 Supplemental Budget Request Status: Pending Administrative Services Information Technology Supp9ID # 2395 Fund 369 Cost Center Originator: P.Rice for PL/PW/HL/AR/ Planning & Development Services, Sanja Barisic from Public Works, Mike Kim from Health along with representation from other stakeholder departments. 6. Funding Source: General Fund: $958,996 Road Fund: $371,867 Flood Fund: $117,464 Total: $1,448,327 Friday, September 29, 2017 Rpt: Rpt Suppl Regular 317 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-196A CLEARANCES Initial Date Date Received in Council 6q% e Agenda Date Assigned to: Originator. JPR Z- :� `' �r �' ` G jj 711112017 Council - Introduction Division Head: JPR 2 I �� 712512017 Council - Hearin Dept. Head: 8/8/2017 PW / Council /� ®6/�i�/(� 9/12/2017 PW /Council Prosecutor: �'�� �i�� � COUNTY PurchasrttQ/Budzet: ss Executive: TITLE OF D NT. An Ordinance Regarding Establishment of Speed Limits on portions of North Shore Road ATTACHMENTS: 1. Memo to County Executive and County Council Z Vicinity Map 3. Petition to Reduce Speed 4. Speed Limit Ordinance SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a (X) Yes ( ) NO SEPA review completed? ( ) Yes ( X ) NO hearing? Requested Date: 712512017 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.) To comply with RCW 46.61.415, at the direction of the County Council, it is found necessary and expedient to modify speed limits on portions of North Shore Road COMMITTEE ACTION. COUNCIL ACTION. 8/8/2017: Held in Committee 7/11/2017: Introduced 7-0 7/25/2017: Held in Committee 9/12/2017: Forwarded to Council for introduction 8/8/2017: Held in Committee with an amendment to make the speed limit 30 9/12/2017: Held in Committee mph instead of 35 mph (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 Ion the County's website at: www.co.whatcom.wa.us/council. 318 North Shore - No Pass PROPOSED BY: Public Works - Engineering INTRODUCTION DATE: ORDINANCE NO. AMENDING WHATCOM COUNTY CODE CHAPTER 10.04, ESTABLISHING THE SPEED LIMIT ON A PORTION OF NORTH SHORE ROAD WHEREAS, the Whatcom County Council is authorized under RCW 46.61.415 to establish speed limits on certain County roads; and WHEREAS, a request to lower the speed limit on North Shore Road was submitted by local residents; and WHEREAS, the County Engineer is forwarding this request to the County Council to formally establish a new speed limit on North Shore Road. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the speed limit on North Shore Road is hereby established as follows: 35 mph on North Shore Road from Y Road easterly to Lakeshore Road, located in Section 30, Township 38 North, Range 4 East, W.M. 25 mph on North Shore Road from Lakeshore Road easterly to the westerly side of Smith Creek located -in Sections 30, 31 and 32, Township 38 North, Range 4 East, W.M. and Section 5, Township 37 North, Range 4 East, W.M. BE IT FURTHER ORDAINED that Whatcom County Code Chapter 10.04 is hereby amended to reflect the above speed limits, as outlined in Exhibit A to this ordinance. BE IT FURTHER ORDAINED that the County Engineer is hereby directed to post the appropriate signs and roadway markings in order to designate the 25MPH section of North Shore Road as a No Passing zone. BE IT FINALLY ORDAINED that the County Engineer is hereby directed to post the appropriate signs and that the Whatcom County Sheriff and the Washington State Patrol be notified by a copy of this ordinance. ADOPTED this day of , 2017. ATTEST: 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: 319 WHATCOM COUNTY CODE 10.04 SPEED LIMITS 10.04.030 Twenty-five miles per hour. The speed limit shall be 25 miles per hour on the following roads and streets: 10.04.050 Thirty-five miles per hour — Maximum generally. The speed limit for all county roads within the unincorporated areas of Whatcom County shall be 35 miles per hour unless otherwise posted. 10.04.060 Forty miles per hour. The speed limit shall be 40 miles per hour on the following roads and streets: 320 PROPOSED BY: Public Works - Engineering INTRODUCTION DATE: ORDINANCE NO. AMENDING WHATCOM COUNTY CODE CHAPTER 10.04, ESTABLISHING THE SPEED LIMIT ON A PORTION OF NORTH SHORE ROAD WHEREAS, the Whatcom County Council is authorized under RCW 46.61.415 to establish speed limits on certain County roads; and WHEREAS, a request to lower the speed limit on North Shore Road was submitted by local residents; and WHEREAS, the County Engineer is forwarding this request to the County Council to formally establish a new speed limit on North Shore Road. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the speed limit on Northshore Road is hereby established as follows: 35 mph on North Shore Road from Y Road easterly to Lakeshore Road, located in Section 30, Township 38 North, Range 4 East, W.M. 25 mph on North Shore Road from Lakeshore Road easterly to the westerly side of Smith Creek located in Sections 30, 31 and 32, Township 38 North, Range 4 East, W.M. and Section 5, Township 37 North, Range 4 East, W.M. BE IT FURTHER ORDAINED that Whatcom County Code Chapter 10.04 is hereby amended to reflect the above speed limits, as outlined in Exhibit A to this ordinance. BE IT FINALLY ORDAINED that the County Engineer is hereby directed to post the appropriate signs and that the Whatcom County Sheriff and the Washington State Patrol be notified by a copy of this ordinance. ADOPTED this day of , 2017. ATTEST: 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: 321 WHATCOM COUNTY CODE 10.04 SPEED LIMITS 10.04.030 Twenty-five miles per hour. The speed limit shall be 25 miles per hour on the following roads and streets: 10.04.050 Thirty-five miles per hour — Maximum generally. The speed limit for all county roads within the unincorporated areas of Whatcom County shall be 35 miles per hour unless otherwise posted. 10.04.060 Forty miles per hour. The speed limit shall be 40 miles per hour on the following roads and streets: 322 WHAIC'UM C'UUNI'Y CUUNC'IL AGENDA BILL No.-'_()16-976T, _ CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Cliff Strong l0/3/2017 1011012017 Council j L V E Division Head: Mark Personius f . 10/312017 [�T�F OCT 0 3 2017 WHATCOM COUNTY 10/24/2017 Public Hearing Dept. Head: Sam R an 101312017 Prosecutor: Royce Buckinham 10/3/1017 Purchasing/Budget: COUNCIL Executive: Jack Louws 1 _ V 10/3/2017 -F TITLE OF DOCUMENT.• 2017 Critical Areas Ordinance Update ATTACHMENTS: (all materials can be found at hLtp-//www.wbatcomeounty.us/2417/Countv-Council-Review Staff Memo dated 10/3/17 The draft ordinance (including the Findings of Fact) adopting the Critical Areas Ordinance and Shoreline Management Program amendments Exhibit A — The draft Critical Areas Ordinance code as amended by the County Council Exhibit B — Whatcom County Critical Areas Ordinance Best Available Science Review and Recommendations for Code Update, 2005 (available online) Exhibit C — Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? (X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: 10124117 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.) Introduction of the proposed ordinance to amend Whatcom County Critical Areas Ordinance (CAO) (WCC 16.16) pursuant to RCW 36.70A.130(1). The Growth Management Act (RCW 360.70A) defines critical areas as wetlands, frequently flooded areas, fish and wildlife habitat conservation areas (including streams), geologically hazardous areas, and critical aquifer recharge areas. The purpose of this periodic update is to ensure that the CAO meets the GMA requirements, including consistency with the Whatcom County Comprehensive Plan, best available science, and state agency guidance updates. Numerous amendments are being proposed, though most of them pertain to correcting grammar, updating references to other documents or laws, clarifying and updating administrative procedures, etc. The County is also required to integrate the CAO provisions with its Shoreline Master Program (SMP). Whatcom County has done so by adopting the CAO by reference within the SMP (WCC 23.10.060(A)). This reference is also proposed to be amended. 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. 323 WHATCOM COUNTY �Gp !! L.q4 Planning & Development Services IA 5280 Northwest Drive Bellingham, WA 98226-9097 o= 360-676-6907, TfY 800-833-6384 360-738-2525 Fax Memorandum T0: The Honorable County Council Jack Louws, County Executive FROM: Cliff Strong, Senior Planner t THROUGH: Mark Personius, Asst. Director 1W DATE: October 3, 2017 SUBJECT: 2017 Critical Areas Ordinance (CAO) Update Introduction of Ordinance on October 10, 2017 J.E. "Sam" Ryan Director Over the last year, Council has been reviewing and editing the Planning Commission recommended draft of the COA. On October 101n the 2017 Critical Areas Ordinance Update ordinance will be introduced. A public hearing is scheduled for October 24tn The final public hearing packet contains the following: • The draft ordinance (including the Findings of Fact) adopting the Critical Areas Ordinance and Shoreline Management Program amendments Exhibit A — The draft Critical Areas Ordinance code as amended by the County Council • Exhibit B — Whatcom County Critical Areas Ordinance Best Available Science Review and Recommendations for Code Update, 2005 (available online) • Exhibit C — Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report (Note: All of these documents are available for review at http://www. whatcomcounty.q$/2417JCounty- Council-Review.) Shoreline Management Program Amendment As Council is aware, the courts found that critical areas ordinances do not (automatically) apply in the shoreline areas. Some jurisdictions solved this by having a separate set of similar CAO regulations in their Shoreline Management Program. However, many, including Whatcom County, chose to adopt their standard Critical Areas Ordinance by reference in their Shoreline Management Program, thus making those rules apply. For this reason, in the final adoption staff is asking Council to do a minor amendment to the Shoreline Management Program WCC 23.10.060(A) to reference this latest version of the Critical Areas Ordinance. 324 A Synopsis of Proposed Substantive Changes Below is a brief list of the more substantive changes proposed. A more complete list can be found in Exhibit C. Proposed changes from the Planning Commission include: • 16.16.240(A)(2) & (C)(2) Technical Administrator and Hearing Examiner Authority — Amending to give the Technical Administrator decision -making authority over all Reasonable Use Exceptions for single family residential uses, including those in geohazard area, so as to minimize cost to the typical homeowner. ■ 16.16.260 General Mitigation Requirements — Amending to make it clearer that, even though mitigation sequencing has always been a requirement, that alternatives and cumulative impacts be analyzed. • 16.16.264 In -Lieu Fees —Adding a new section authorizing a mitigation in -lieu fee program. • 16.16.310 Designation, Mapping, and Classification — Better describing and classifying geohazardous areas ■ Article 4 Frequently Flooded Areas & 16.16.710 HCA Designation, Mapping, and Classification — Integrating the requirements of the FEMA Biological Opinion into the Frequently Flooded Areas and Habitat Conservation Area requirements • Article 6 Wetlands — Updating the wetlands classification system to meet the Department of Ecology's newer rating system • 16.16.610(C) Wetlands Designation, Mapping, and Classification — Reducing the minimum size of a regulated Class IV wetland from 4,356 to 1,000 square feet. • 16.16.620 Wetlands — General Standards & 16.16.720 HCA General Standards — Adding new standards for trails in wetland and habitat conservation area buffers • 16.16.640 Wetland Buffer Standards o Adding language from the new Ecology guidance (land use intensity table) regarding what type of measures will reduce use intensity o In Table 2, amending the wetland replacement ratio table based on the new Department of Ecology classification system • 16.16.710(C)(1) HCA Designation, Mapping, and Classification and 16.16.900 Definitions — Better clarifying the difference between regulated streams and non -regulated ditches • 16.16.720 HCAs —General Standards o Deleting the ability to install private launch ramps in HCAs o Requiring that an analysis be done prior to the removal of beaver and their dams • 16.16.740 Habitat Conservation Area Buffers — Standards o Adding a mitigation ratio for HCA buffer impacts o Requiring HCA buffer enhancement where buffer has been reduced ■ 16.16.900 (Definitions) o Adding a definitions of "Bankfull width, "Covered assembly," "Essential facilities," "Hazardous facilities," "Cumulative Impact," "Designated Species, Federal," "Designated 325 Species, State," "Feasible," "Habitats of local importance," "Maximum Credible Event," "May," "Overnight accommodations," "Seiche," "Special occupancies," "Species of local importance," "Stormwater Manual," "Waters of the state" o Amending the definitions of "Clearing," "Fish and wildlife habitat conservation areas," "Geologically hazardous areas," "Qualified professional" or "qualified consultant," "Reestablishment," "Rehabilitation," "Restoration," o Deleting the definition of "Critical/Essential facilities," "Prior Converted Croplands," Proposed changes the Council has made include: ■ 16.16.100 Purpose and Intent — Adding additional language to further clarify the CAO's intent and authority. ■ Article 2 — Numerous changes regarding process, including: o Simplifying text to clarify how critical areas review is conducted o Requiring that detailed written findings be made so that applicants and the public can understand why decisions were made the way they were • 16.16.205 Authorizations Required —Amending the language to better clarify that critical areas cannot be altered without having proper authorization. • 16.16.230 Exempt Activities — Clarifying that even if exempt from this Title one cannot violate the requirements of it. ■ 16.16.270 Reasonable Use Exceptions — Allowing a maximum impact area of 4,000 s.f. for reasonable use exceptions (previously 2,500 s.f.), and to not include utilities and non-native landscaping in that calculation • 16.16.275 Nonconforming Uses/Buildings — Increasing the time for completing reconstruction of nonconforming structures from 18 months to 5 years • 16.16.285 Penalties and Enforcement — Changing the time for property owners to respond to code violations from 30 calendar days to 30 business days • 16.16.350 Volcanic Hazard Areas — Standards — Reducing the requirements for lahar hazard zones to just preparing an emergency evacuation plan ■ 16.16.620 Wetlands — General Standards & 16.16.720 Habitat Conservation Areas — General Standards —Adding a provision to allow phosphorus reducing BMP structures approved and installed through the Homeowners' Improvement Program within the Lake Whatcom watershed to treat runoff from existing development to be permitted within the outer 50% percent of wetland buffers • 26.16.640 Wetland Buffer Reduction — In Table 1, merging Category IV wetland buffer requirements into one standard, since regardless of the habitat score the Department of Ecology recommended buffer widths are the same • 16.16.670 Review and reporting requirements & 16.16.690 Compensatory Wetland Mitigation Plan — Revising the wetland review and reporting requirements to allow various components to be submitted separately, if the Technical Administrator believes it will lead to a more efficient review 326 16.16.710 Habitat Conservation Areas — Designation, Mapping, and Classification o Converting to the stream classification system to use the more common Department of Natural Resources classification system o Adding state -listed species and habitats as a Habitat Conservation Area category (had previously listed each of the various habitats individually) o Removing the previous list of identified Species and Habitats of Local Importance as there was no evidence to support them being identified as such ■ 16.16.720 Habitat Conservation Areas — General Standards & 16.16.750 Habitat Conservation Areas — Review and Reporting Requirements — Amending the submittal requirements for bald eagle permits on Eliza Island, since the state and federal designations and requirements have changed • 16.16.760 Habitat Conservation Areas — Mitigation Standards — Changing the monitoring requirement for HCA's from a case -by -case basis to a period of 5 years • 16.16.814 Exemptions — Adding exemptions to the Conservation Program on Agriculture Lands (CPAL) program for landowners who do not exceed a ratio of 1 animal unit per 3 grazable acres and avoid a direct discharge of sediment or fecal matter to surface waters, and for participants in youth agriculture education programs ■ 16.16.830 Conservation Farm Plans — General Standards — Allowing plans prepared for compliance with state or federal regulations (e.g., nutrient management plans), or to obtain an accredited private third -party certification (e.g., GLOBALG.A.P.), or similar plans to be used as part of or in lieu of a Conservation Farm Plan if the Technical Administrator determines they adequately address the requirements of this Title • 16.16.840 Conservation Farm Plan Requirements — Adding "fertilizers other than manure" to the list of issues that must be addressed in a Conservation Farm Plan • 16.16.870 Limited Public Disclosure — Requiring PDS to make available a list of which farms have approved conservation farm plans and the date of their approval • 16.16.900 (Definitions) o Adding definitions of "Critical Saltwater Habitat," "Grazable acres," "May," "Reasonable Use Exception," "Survey," and "Swale" o Deleting the definition of "actively farmed" as it is not used in the code o Amending the definition of "Fish and wildlife habitat conservation areas" to more closely match the state's definition o Amending the definition of "Ongoing agriculture" to no longer state that one loses this classification after 5 years of not farming, which would allow anyone showing that if there was agriculture practiced anytime in the past to avail themselves of the CPAL program and have reduced CAO requirements. o Amending the definition of "Reasonable Use" to match the state's definition o Amending the definition of "Streams" 327 PROPOSED BY: INTRODUCTION DATE: ORDINANCE NO. 2017 — AMENDING WHATCOM COUNTY CODE CHAPTER 16.16 (CRITICAL AREAS) AND WHATCOM COUNTY CODE CHAPTER 23.10 (SHORELINE MANAGEMENT PROGRAM — PURPOSE AND INTENT) PERTAINING TO THE PROTECTION AND REGULATION OF ENVIRONMENTALLY CRITICAL AREAS WHEREAS, the Whatcom County Comprehensive Plan supports the protection of environmentally critical areas through the adoption of development regulations; and WHEREAS, the State Growth Management Act (GMA) includes goals and requirements to guide the development and adoption of comprehensive plans and development regulations including requirements to designate and protect environmentally critical areas; and WHEREAS; the County has considered those goals, policies, and requirements in development of the proposed Whatcom County Code amendments related to critical areas, and, has considered other state requirements, law, rules, guidelines, and agency comments; and WHEREAS, the County researched and assessed the experience of other jurisdictions in regard to standards and requirements for regulating critical areas, undertook a Best Available Science (BAS) review and public process in accordance with the requirements of the GMA, developed Whatcom County Code amendment drafts, prepared environmental documents in accordance with the requirements of the State Environmental Policy Act (SEPA), and held meetings and hearings throughout the code development process; and WHEREAS, the County has been provided feedback on draft work products and guidance from members of the public, County staff, the Washington State Department of Fish and Wildlife, the Washington State Department of Ecology, the Washington State Department of Commerce, the Lummi Nation, the Nooksack Indian Tribe, other stakeholders and experts, the Whatcom Planning Commission, and elected and appointed officials during the development of the recommended code amendments; and WHEREAS, in developing this ordinance, the County has followed the GMA's requirements, including to provide "early and continuous public involvement" through a variety of mechanisms described in the public record; and WHEREAS, the County has followed the State guidelines for the BAS process required by RCW 36.70A.172 and WAC 365-195-900 through 925, employing a variety of mechanisms described in the public record; and WHEREAS, a notice of intent to adopt the proposed code amendments was sent to the State of Washington Department of Commerce and to other State agencies on February 2, 2016, for a 60-day review and comment period in accordance with State law; and WHEREAS, an environmental review has been conducted in accordance with the requirements of State Environmental Policy Act (SEPA), and a SEPA threshold determination was issued, and published on March 17, 2016, in the Bellingham Herald; and WHEREAS, the Planning Commission held a total of 7 public meetings to consider the proposed amendments, which included two public hearings, one on May 12 and one on June 12, 2016, with deliberations throughout these meetings; and WHEREAS, the Planning Commission has provided a recommendation to the County Council related to the proposed amendments; and 1 328 WHEREAS, the County Council held 18 study sessions on the proposed amendments between September 20, 2016 and September 26, 2017; and WHEREAS, the County Council held an initial public hearing on October 25, 2016 and a final public hearing on October 24, 2017, both of which were duly noticed on the County's website and the Bellingham Herald; and WHEREAS, the County Council has considered the recommendation of the Technical Advisory Committee, Citizens Advisory Committee, the County Planning Commission, and the public comments received; and WHEREAS, the County Council has reviewed and considered a variety of information sources including Best Available Science materials, informational documents in the public record, and public testimony submitted verbally and in writing to the Planning Commission and to the County Council; and WHEREAS, the County Council desires the proposed amendments to be effective throughout the county, including within the shoreline jurisdiction, a concurrent Shoreline Master Program amendment has been prepared for submittal to the State Department of Ecology for approval; WHEREAS, based upon the foregoing process, the County Council has made the following Findings of Facts and Conclusions: General Findings 1. The Growth Management Act requires critical areas to be designated and protected and to include and be informed by BAS when developing critical areas regulations. RCW 36.70A. 2. Critical areas include wetlands, fish and wildlife habitat conservation areas, geologically hazardous areas, critical aquifer recharge areas, and frequently flooded areas. 3. The Whatcom County has within its borders a variety of environmentally sensitive areas that require protection of important functions and values. 4. Unregulated development may result in cumulative impacts to those functions and values of critical areas that contribute to and are necessary for a healthy natural environment and perceived quality of life. 5. The unregulated development of residences, businesses, shopping areas and other structures, and the clearing of land for accommodation of livestock and for such development all have the potential of adversely and significantly impacting the functions and values of critical areas. 6. The unregulated development of resource lands or areas susceptible to natural hazards may lead to inefficient use of limited public resources, jeopardize environmental resource functions and values, subject persons and property to unsafe conditions, and affect the perceived quality of life. 7. It is more costly to remedy the loss of critical area functions and values than to conserve and protect them from loss or degradation. 8. In determining what critical areas are to be afforded a particular degree of protection, Whatcom County has evaluated a wide range of the best science available with respect to the critical areas to make informed decisions that meet the intent of the Growth Management Act and that are also reflective of local needs. 9. The sources of this best available science that were evaluated and included in this ordinance are contained in Exhibit B: Whatcom County Critical Areas Ordinance Best Available Science Review and Recommendations for Code Update, 2005, and Exhibit C: Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report. 2 329 10. Protection standards for one critical area often provide protection for one or more other critical areas. 11. Critical areas may also be protected by other actions by the County, such as stormwater management standards, clearing and grading regulations, critical area restoration, and public education; and from other regulations, such as the Forest Practices Act, the Shoreline Management Act, the State Environmental Policy Act, and others. 12. The U.S. Constitution prohibits the taking of private property without just compensation. 13. The proposed regulations for critical areas are sufficient and appropriate to protect the functions and values of those areas consistent with the Whatcom Comprehensive Plan and Growth Management Act. 14. The amendments hereafter set forth address requirements related to development in and near environmentally critical areas including environmentally critical areas buffers, performance standards, mitigation requirements, exemptions and exceptions. 15. The amendments serve to further implement the Comprehensive Plan, and provide protection for critical areas that is consistent with BAS and with providing options and development flexibility, and are in the public interest. 16. The critical areas regulations continue to allow for reasonable use of property to ensure that such regulations do not infringe on constitutional private property rights. 17. The public record demonstrates that the amendments were developed through a review of the BAS literature available to the County for review and consideration. 18. The County has followed the GMA's requirements for public involvement and for including and considering BAS in modification of the regulations for critical areas. 19. The public testimony provided to the County included both support for the proposed amendments and suggestions for modifications. 20. Based on the review of the testimony and public record, the amendments attached to this ordinance reflect the County's requirement to protect critical areas and to consider the planning goals of the GMA, while recognizing public and private interests. Wetlands 21. Wetlands and streams are environmentally sensitive and have numerous natural functions and values. These functions include but are not limited to: wildlife and fisheries habitat; water quality protection; flood protection; shoreline stabilization; stream flow; and ground water recharge and discharge. In many situations, these functions cannot be adequately replicated or replaced. 22. The scientific literature supports the inclusion of protective buffers adjacent to wetlands to provide refuge to wetland dependent species, moderate water level fluctuations, and sediment and nutrient filtration functions. 23. Wetlands are identified according to the U.S. Army Corps of Engineers' Wetlands Delineation Manual, 1987 Edition, and the Western Mountains, Valleys, and Coast Region supplement (Version 2.0) 2010, and rated according to the Washington State Wetland Rating System for Western Washington, revised 2014, prepared by the Washington State Department of Ecology (Ecology). 24. The scientific literature supports the inclusion of protective buffers of relatively intact native vegetation from wetlands to adequately protect functions and values. 3 330 25. Appropriate wetland mitigation ratios —ratios of areas of wetland replacement and enhancement to that altered or destroyed —are established in Wetland Mitigation Replacement Ratios: Defining Equivalency, published by Ecology, 1992, and Wetlands in Washington State - Volume 2: Guidance for Protecting and Managing Wetlands, Ecology Publication 05-06-008, April 2005. Critical Aquifer Recharge Areas 26. WAC 365-190-080 defines wellhead protection areas, sole source aquifers, special protection areas, and other areas that are susceptible or vulnerable to ground water contamination as areas with a critical recharging effect on aquifers used for potable water (also referred to as critical aquifer recharge areas). 27. Potable water is an essential life -sustaining element. 28. Much of the County's drinking water in rural areas comes from groundwater supplies. 29. Once groundwater is contaminated it is difficult, costly, and sometimes impossible to clean up. 30. Preventing groundwater contamination is necessary to avoid exorbitant costs, hardships, and potential physical harm to people. 31. The County has used Guidance Document for Establishment of Critical Aquifer Recharge Area Ordinances, by Ecology, 2000, which includes scientific recommendations for protecting ground water, including limiting certain uses and the intensity of development in critical aquifer recharge areas. Frequently Flooded Areas 32. Flood hazard areas are subject to periodic inundation that results in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 33. These flood losses are caused by development in areas prone to inundation that increase flood heights and velocities, and when inadequately anchored, damage uses in other areas. Uses that are inadequately floodproofed, elevated, or otherwise protected from flood damage also contribute to flood loss. 34. Floodplain and stream connectivity are major elements in maintaining healthy riparian habitat and off -channel habitats for the survival of fish species and conveyance of floodwaters. If river, floodplains, and other systems are not viewed holistically as biological, geomorphological units, this can lead to serious degradation of habitat and increase flood hazards, which in turn can contribute to listing of various fish species as threatened or endangered and result in extraordinary public expenditures for flood protection and relief. 35. Frequently flooded areas, including the 100-year floodplain and the floodway, are commonly mapped on flood insurance maps, often known as Flood Insurance Rate Maps, or FIRMS. Geoloizically Hazardous Areas 36. Geologically hazardous areas are subject to periodic geological events that result in loss of life and property, health, and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. 37. Geologic hazards may be exacerbated by development and human activity in sensitive areas, and impacts resulting from geologic hazards may be reduced by limiting development and human activity within or adjacent to the geologic hazard. 4 331 38. Some geologic hazards may be intensified during periods of consistent or heavy rainfall that results in ground saturation or surface water drainage flows. 39. Regarding amendments to the section on Volcanic Hazard Areas, in particular potential lahar hazards, Council finds: a) Based on observable deposits only one far-reaching lahar is known to have impacted the lower reaches of the Nooksack River drainage (25-foot thick deposit preserved at the confluence of the Middle and North Fork valleys), by way of the Middle Fork Valley, since cessation of the last Ice Age approximately 11,000 to 13,000 years ago ("Middle Fork Lahar," approximately 6,500 years ago); b) Based on an absence of extensive lahar deposits in the North Fork Nooksack River drainage no far-reaching lahars are interpreted to have traveled down the North Fork Valley since cessation of the last Ice Age; c) The initiation of extensive lahars that could impact the lower reaches of the Nooksack River drainages are most commonly associated with periods of significant volcanic unrest; d) Periods of significant volcanic unrest may be preceded by weeks to months of advanced warnings, including increased fumarolic activity and volcanic seismicity as magma migrates through the volcanic edifice towards the ground surface; e) The USGS has limited monitoring equipment in place but has expressed intent to expand the volcanic monitoring network at Mt. Baker to meet the minimum standard defined by Open - File Report 2009-1165. In addition, the USGS has the ability to deploy portable monitoring arrays capable of measuring seismicity, ground deformation, fumarolic activity, and other parameters during periods of volcanic unrest that would be useful for informing emergency preparedness and evacuation planning; f) During periods of unrest the USGS would produce information updates, warnings, and risk estimates for the danger areas around Mt. Baker, including developing "scenario maps," which can be used to notify and warn people within the potential danger zones. During such an event communication between the USGS, State, County, emergency management organizations, and the public would be conducted in accordance with the Mount Baker/Glacier Peak Coordination Plan, as well as local emergency preparedness plans that are to be completed; g) The area subject to the most frequent lahar hazards are currently in the more active portion of the volcano, which include the south and east sides of Mt. Baker, in particular the area surrounding Baker Lake. h) People visiting, working, or residing in the "lahar hazard zone" would have ample time to be warned of the increased volcanic activity and associated lahar risk and make reasoned and safe evacuations until volcanic activity quieted; i) As an example, when Mt. St. Helens erupted in 1980, there were weeks of advance warning signs of increased activity. A large number of people evacuated the potential impact area during the lead up to that eruption. The only lives lost were due to people who refused to evacuate after receiving warnings to do so; Fish and Wildlife Habitat Conservation Areas 40. Fish and wildlife habitat conservation areas perform many important physical and biological functions that benefit Whatcom County and its residents, including but not limited to: 5 332 maintaining species diversity and genetic diversity; providing opportunities for food, cover, nesting, breeding and movement for fish and wildlife; serving as areas for recreation, education and scientific study and aesthetic appreciation; helping to maintain air and water quality; controlling erosion; and providing neighborhood separation and visual diversity within urban areas. 41. Wetlands and streams are environmentally sensitive and have numerous natural functions and values. These functions include: wildlife and fisheries habitat; water quality protection; flood protection; shoreline stabilization; stream flow; and ground water recharge and discharge. In many situations these functions cannot be adequately replicated or replaced. 42. The scientific literature supports the inclusion of protective buffers from streams to provide sediment and nutrient input control to downstream waters, large woody debris, and other functions important to riparian areas. 43. The Washington Department of Fish and Wildlife (WDFW) has prepared management recommendations for the preservation of priority habitat and species, which are based on the best available science, and include, in some instances, recommended protective buffer distances. 44. Kelp and eelgrass beds have been identified and mapped by the Washington State Department of Natural Resources (DNR) in some areas. Herring and smelt spawning times and locations are outlined in WAC 220-110-240 through 220-110-260. Locations for both may be found by referring to Critical Spawning Habitat for Herring, Surf Smelt, Sand Lance and Rock Sole in Puget Sound, Washington: A Guide for Local Governments and Interested Citizens, 2002, and the Puget Sound Environmental Atlas, Volumes 1 and 2. 45. Salmonid and anadromous fish may be more impacted by development and human activity during some times than others. Such times are referred to as "fish windows," which have been documented by WDFW. 46. DNR has classified watercourses according to two stream -typing systems based on channel width, fish use, and perennial or intermittent status. 47. WAC 365-190-080(5) grants Whatcom County the flexibility to make decisions in the context of local circumstances, and specifically excuses local jurisdictions from being required to protect "all individuals of all species at all time." NOW THEREFORE, THE COUNTY COUNCIL OF WHATCOM COUNTY, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. Adoption of amendments to Whatcom County Code Chapter 16.16 - Environmentally Critical Areas. The amendments to the Whatcom County Code as set forth in Exhibit A to this ordinance are hereby adopted. Section 2. Adoption of Best Available Science. Exhibit C, the Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report, is hereby adopted as the basis for those amendments made that are required to be supported by science. Section 3. Adootion of amendments to Whatcom County Code §23.10.060(A) - Shoreline Management Program. The below amendments to WCC §23.10.060(A) are hereby adopted. 23.10.060 References to plans, regulations or information sources. A. The Whatcom County critical areas ordinance, Chapter 16.16 WCC (Ordinance No. =95-9648 - dated c.�z;-34-,�905 , 2017, a. m Rom- FeIgF aFy 27 200:7) is hereby adopted in whole as a part of this program, except that the permit, nonconforming use, appeal and enforcement provisions of the critical areas ordinance (WCC 6 333 16.16.270 through 16.16.285) shall not apply within shoreline jurisdiction. All references to the critical areas ordinance (CAO), Chapter 16.16 WCC, are for this specific version. Section 4. Codification of the regulations. The County Council authorizes the Director of Planning and Development Services and the County Clerk to correct scrivener's errors in Attachment A, codify the regulatory provisions of the amendment to into Chapter 16.16 and §23.10.060(A) of the Whatcom County Code, and publish the amended code. Section S. Interpretation. The County Council authorizes the Director of Planning and Development Services to adopt administrative rules, adopt interpretations, update the County's critical areas maps based on the amendments, and administer the amended code as necessary to implement the legislative intent of the County Council. Section 6. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be pre-empted by state or federal law or regulation, such decision or pre-emption shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or circumstances. Section 7. Effective Date. This ordinance shall be published in the official newspaper of the County, and shall take effect and be in full force 10 days after the date of publication. APPROVED this . day of . , 2017. ATTEST: Dana Brown Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: 334 7 Note: This version shows all edits up to and including Council edits as of 9/26/17, their last workshop. WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 2 Editor's Notes: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 1. All proposed changes are shown in strikeout/underline, except for formatting changes. Format- ting changes have all been accepted so as to make reading easier. 2. Double strikeout/underline indicates that original text was moved. However, please note that such marking is an automatic function of MS Word, and it doesn't always mark it as such (seems hit or miss). Therefore, comments have also been inserted to indicate a move. 3. The side comments explain why changes are proposed. 4. The editor has tried to log who's proposed the change: a. "Co/C" refers to the County Council b. "P/C" refers to the Planning Commission. c. "CACAC" or "CAC" refers to the Citizens' Advisory Committee. d. "CATAC" or "TAC" refers to the Technical Advisory Committee. e. "CES" or "CStrong" refers to the Project Manager/editor, Cliff Strong. f. "NRS" refers to Natural Resources Staff g. "WCD" refers to the Whatcom Conservation District. h. Others are from various individuals. 5. Note that some of the paragraph numbering/lettering might seem off. However, the numbering is an automatic Word function and when used together with Review Mode it sometimes puts the paragraph's number/letter after the paragraph. It will look right in the final version. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx i 336 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ������������� ��� _���^�^��� ������1 .~~~~~�^�~.� ��~�.��~� ^�����~.~°� ���~~�°.^ 2 Table of Contents 3 ARTICLE 1.PURPOSE AND INTENT .......................................................... ...................................................... 6 4 16.16.1OOPurpose and Intent -----------_-_-----.--__'---------_--_--._—_-6 5 ARTICLE 2.ADMINISTRATIVE PROVISIONS ................................................................................................... 8 6 16.1G.2OOAuthority .................................................................................................................................. Q 7 16.1G2OSAuthorizations Required .......................................................................................................... O 8 1G.1G.31OApplicability and Severabi|ity -------------~~~.~....~~..~....,,..,........—..Q 9 16.1G.31SRelationship toOther Jurisdictions ......................................................................................... 8 10 1G.1G.22OIdentification and Mapping ofCritical Areas ........................................................................... 9 11 16.16.325 Regulated Activities ........................................................................................................ ........ S 12 1G.16.Z3OExempt Activities ................................................................................................................... 1D 13 1G16.33SActivities Allowed with Notification ...................................................................................... 11 14 1G.16.24OTechnical Administrator and Hearing Examiner Authority ..................................................14 15 16 16.24S Interdisciplinary Team ........................................................................................................... 15 16 1G.16.2SOSubmittal Requirements and Critical Areas Review Process ................................................. 1S 17 161G.35SCritical Areas Assessment Reports ........................................................................................ 17 18 16.16.26OGeneral Mitigation Requirements ......................................................................................... 18 19 16.16.261Alternative orInnovative Mitigation Plans ........................................................................... 21 20 16.16.262Watershed-Based Management Plans ---_—_—.--..-_--______-_—.23 21 1G.16.263Mitigation Banking ................................................................................................................ 24 22 16.16.264In-Lieu Fees ............................................................................................................................ 36 23 16.16.265Critical Areas Protective Measures ....................................................................................... 36 34 16.16.270Reasonable Use Exceptions .----------'~..-.~.--_--._........~.-..—._.20 25 16.1G.273Variances ............................................................................................................................... 3O 26 16.16.27SNonconforming uses/buildings ............................................................................................. 31 27 16.16.280Appea|s .................................................................................................................................. 31 28 1G.16.28SPenalties and Enforcement .................................................................................................. 32 39 16.16.2S5Open Space and Conservation .............................................................................................. 33 zPrior legislation: Drdx 97'O56and 2UO4'USO. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx ii WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ARTICLE 3. GEOLOGICALLY HAZARDOUS AREAS........................................................................................ 34 2 16.16.300 Purpose.................................................................................................................................. 34 3 16.16.310 Designation, Mapping, and Classification............................................................................. 34 4 16.16.320 Geologically Hazardous Areas — General Standards.............................................................. 39 5 16.16.325 Landslide Hazard Areas —Standards ..................................................................................... 40 6 16.16.340 Seismic Hazard Areas — Standards........................................................................................ 41 7 16.16.345 Alluvial Fan Hazard Areas — Standards.................................................................................. 42 8 16.16.350 Volcanic Hazard Areas — Standards....................................................................................... 42 9 16.16.355 Erosion Hazard Areas — Standards........................................................................................ 46 10 16.16.365 Tsunami Hazard Areas —Standards........................................................................................ 47 11 16.16.367 Seiche and Landslide Generated Wave Hazard Areas —Standards ....................................... 47 12 16.16.370 Mine Hazard Areas—Standards............................................................................................ 48 13 16.16.375 Review and Reporting Requirements.................................................................................... 48 14 ARTICLE 4. FREQUENTLY FLOODED AREAS................................................................................................. 50 15 16.16.400 Purpose.................................................................................................................................. 50 16 16.16.410 Designation and Mapping — Frequently Flooded Areas ........................................................ 50 17 16.16.420 Frequently Flooded Areas — General Standards.................................................................... 50 18 16.16.430 Review and Report Requirements......................................................................................... 51 19 ARTICLE 5. CRITICAL AQUIFER RECHARGE AREAS...................................................................................... 53 20 16.16.500 Purpose.................................................................................................................................. 53 21 16.16.510 Designation, Classification and Mapping —Critical Aquifer Recharge Areas ........................ 53 22 16.16.520 Critical Aquifer Recharge Areas — General Standards........................................................... 53 23 16.16.525 Activity Subject to Critical Areas Review............................................................................ 54 24 16.16.530 Prohibited Uses..................................................................................................................... 54 25 16.16.535 Review and Report Requirements......................................................................................... 55 26 ARTICLE 5.5. AREAS WITHIN THE RURAL RESIDENTIAL DISTRICT OF LUMMI ISLAND ................................ 56 27 16.16.540 Areas within the Rural Residential District of Lummi Island ................................................. 56 28 16.16.541 Exempt Wells......................................................................................................................... 56 29 16.16.542 Minimum Well Spacing for All New Wells............................................................................. 56 30 16.16.543 Requirements for Public Water System Wells, Non -Group B Two -Party Wells, and 31 Nondomestic Wells................................................................................................................................. 56 32 16.16.544 Administrative Waiver........................................................................................................... 57 e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx iii 338 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ARTICLE 6. WETLANDS................................................................................................................................ 58 2 16.16.600 Purpose.................................................................................................................................. 58 3 16.16.610 Wetlands Designation, Rating, and Mapping........................................................................ 58 4 16.16.620 Wetlands —General standards.............................................................................................. 60 5 16.16.630 Wetland Buffer Widths............................................................................................... ....... 62 6 16.16.640 Wetland Buffer Reduction..................................................................................................... 65 7 16.16.650 Wetland Buffer Averaging.................................................................................................... 65 8 16.16.660 Wetland buffer increases...................................................................................................... 66 9 16.16.670 Review and reporting requirements..................................................................................... 66 10 16.16.680 Wetland Mitigation............................................................................................................... 69 11 16.16.690 Compensatory Wetland Mitigation Plan............................................................................... 71 12 ARTICLE 7. HABITAT CONSERVATION AREAS (HCA)................................................................................... 73 13 16.16.700 Purpose.................................................................................................................................. 73 14 16.16.710 Habitat Conservation Areas — Designation, Mapping, and Classification ............................. 73 15 16.16.720 Habitat Conservation Areas — General Standards................................................................. 76 16 16.16.730 Locally Important Habitats and Species — Standards............................................................ 81 17 16.16.740 Habitat Conservation Area Buffers — Standards.................................................................... 81 18 16.16.750 Habitat Conservation Areas — Review and Reporting Requirements .................................... 84 19 16.16.760 Habitat Conservation Areas — Mitigation Standards............................................................. 86 20 ARTICLE 8. CONSERVATION PROGRAM ON AGRICULTURE LANDS(CPAL)................................................. 88 21 16.16.800 Purpose.................................................................................................................................. 88 22 16.16.810 Resource Concerns............................................................................................................... 88 23 16.16.814 Exemptions............................................................................................................................ 89 24 16.16.820 Classification and Applicability............................................................................................. 89 25 16.16.830 Conservation Farm Plans — General Standards..................................................................... 90 26 16.16.840 Conservation Farm Plan Requirements........................................................................... .. 91 27 16.16.850 Preparation and Approval of Conservation Farm Plans ........................................................ 92 28 16.16.860 Monitoring and Compliance............................................................................................ 93 29 16.16.870 Limited Public Disclosure....................................................................................................... 95 30 ARTICLE 9. DEFINITIONS............................................................................................................................. 96 31 16.16.900 Definitions..................................................................................................................... ..... 96 32 e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx iV 339 i.16 Critical Areas Regulations (Council edited version) 9/26/17 1 Tables 2 Table 1. Standard Wetland Buffer Widths......................................................... 3 Table 2. Mitigation ratios for projects in western Washington ......................... 4 Table 3. Buffer Requirements for HCAs.............................................................. 5 Table 4. Who May Prepare Conservation Farm Plans ........................................ 6 Table 5. Table of Acronyms used in this chapter ............................................... 7 e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx V 340 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ARTICLE 1. PURPOSE AND INTENT 2 16.16.100 Purpose and Intent. 3 A. The purposes of this chapter are to carry out the goals of the Whatcom County comprehensive plan 4 and the State of Washington Growth Management Act (Chapter 36.70A RCW) and its implementing 5 rules by designating and classifying critical areas, and by protecting the functions and values of criti- 6 cal areas and the ecological processes that sustain them, while allowing for appropriate economical- 7 ly beneficial or productive use of land and property. Critical areas regulated under this chapter in- 8 clude geologically hazardous areas, frequently flooded areas, critical aquifer recharge areas, wet- 9 ` lands, and f*rh andd wild -life -habitat conservation areas. This chapter seeks to maintain harmonious 10 relationships between human activity and the natural environment. 11 B. The Growth Management Act requires the designation of critical areas and the adoption of regula- 12 tions for the protection of such areas by all counties and cities. The Washington Department of 13 Commerce has adopted minimum guidelines in WAC 365-190 detailing the process involved in es- 14 tablishing a program to protect critical areas. "Protection" in this context means preservation of the 15 functions and values of the natural environment, or to safeguard the public from hazards to health 16 17 18 19 20 21 22 23 and safety. Critical areas that must be protected include the following areas and ecosystems: Wetlands; Areas of critical recharging effect on aquifers used for potable water; Fish and wildlife habitat conservation areas; 4. Frequently flooded areas; and 5. Geologically hazardous areas 9-.C. By regulating development and minimizing critical area alterations, this chapter seeks to: 1. Protect the p- -blic from Reduce harm due to landslides, earthquakes, erosion, volcanic events, 24 flooding, and other natural hazards. 25 2. Minimize unnecessary maintenance of public facilities, and costs associated with property dam- 26 age, emergency rescue relief operations, and environmental degradation. 27 3. Protect against adverse impacts to water quality and quantity resourcesEn^sure there -are ne ,H- 29 4. Alert appraisers, assessors, real estate agents, owners, potential buyers or lessees, and other 30 members of the public to natural conditions that pose a hazard or otherwise limit development. 31 5. Protect wetlands, floodplains, critical aquifer recharge areas, and habitat conservation areas by 32 applying the best available science to ensure no net loss of ecological functions and values. 33 6. Protect species listed as threatened or endangered and their habitats. 34 7. Protect unique, fragile, and/or valuable elements of the environment, including ground and sur- 35 face waters, wetlands, anadromous fish species, shellfish, and other fish and wildlife and their 36 habitats. 37 8. Provide County officials with information to approve, condition, or deny project proposals. 38 9. Protect property rights, while allowing for economic development, including agriculture, and al- 39 lowing for the development and maintenance of adequate and appropriate public services and 40 essential public facilities. 41 10. Prevent adverse and cumulative environmental impacts to critical areas and mitigate unavoida- 42 ble impacts. 43 11. Coordinate Whatcom County's critical areas protection activities and programs with those of 44 other jurisdictions. 45 12. Coordinate environmental reviews and permitting of proposals with other departments and 46 agencies to avoid duplication and delay. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx 6 341 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2E 1 13. Allow for reasonable use of property in accordance with the provisions of WCC 16.16.270. 2 14. Establish critical areas protection standards and procedures that are consistent with state and 3 federal regulations pertaining to critical areas. 4 I C—.D. The goals, policies, and purposes set forth in this chapter serve as a basis for exercise of the 5 County's substantive authority under the State Environmental Policy Act (SEPA) and the County's 6 SEPA rules. 7 I �E.The County's enactment or enforcement of this chapter shall not be construed for the benefit of any 8 individual person or group of persons other than the general public. 9 IF. Nothing in this chapter is intended to preclude or discourage beneficial actions that protect, restore, 10 and/or maintain critical areas or minimize risks associated with critical areas. 11 I -F-.G.Consistent with Whatcom County's high standard of staff conduct, County staff observe all applica- 12 ble federal and Washington laws regarding entry onto privately owned property. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx 7 342 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 ARTICLE 2. ADMINISTRATIVE PROVISIONS 2 16.16.200 Authority. 3 This chapter is adopted under the authority of Chapters 36.74�,, which empowers a county to enact a crit- 4 ical area ordinance and prgyide far its administration enforcement and amendment and 36.70A RCW 5 and Article 11 of the Washington State Constitution. 6 16.16.205 Authorizations Required. 7 A. No action shall be taken by any person, company, agency, governmental body (including Whatcom 8 County), applicant, owner, or owner's agent, which results in any alteration of a critical area or its 9 setback or buffer without prior authorization by submitting an application to the Technical Adminis- 10 trator and obtaining either the required permit or an approval of a notice of activity, as specified 11 herein. 12 A-.B.P*iar to issuing -a-pe mite deteFFT4Ae-444e-p,-Gpe-sed ae iv4y-er-use is permi t-ed--pu-r 13 suant to this ehapteF No land use development permit, construction permit, or land division ap- 14 proval required by County ordinance shall be granted until the County decision -maker has deter- 15 mined that the applicant has complied with the applicable purposes, requirements, objectives, and 16 goals prQw+sians of this chapter including the mitigation standards set forth in WCC 16.16.260. 17 44-.C.Project permits AuthOlFizatieRS FeqWiFed under this chapteF eve -flay 18 n+.irnrx nRtc of the Whateem GOUAtyCede. C-Fiti .-.l .. ..-. Fs ant to this I-hapter shall be 19 20 doeS Fe w•re nth er CE; linty p et p w. its o r 21 exceptiwK, must comply with the substantive and procedural requirements of this chapter and the 22 procedural requirements of Chapter 2.33 WCC. 23 I C—. D. The requirements of this chapter shall apply concurrently with review conducted under the 24 State Environmental Policy Act (SEPA) (Chapter 43.21C RCW), as locally adopted (Chapter 16.08 25 WCC). Any conditions required pursuant to this chapter shall be coordinated with the SEPA review 26 and threshold determination. 27 I 9-.E.Areas characterized by a particular critical area may also be subject to other regulations established 28 by this chapter due to the overlap or multiple functions of some critical areas. When one critical ar- 29 ea adjoins or overlaps another, the more restrictive standards shall apply. 30 16.16.210 Applicability and Severability. 31 This chapter shall be consistently applied to any alteration or development within geographical areas of 32 unincorporated Whatcom County that meet the definition and criteria for critical areas and critical area 33 buffers as set forth in this chapter. No development shall be constructed, located, extended, modified, 34 converted, or altered, or land subdivided without full compliance with this chapter. Should any section 35 or provision of this chapter be declared invalid, such decision shall not affect the validity of this chapter 36 as a whole. 37 26.16.215 Relationship to Other Jurisdictions. 38 A. Permit applicants are responsible for complying with all federal, state, tribal, and local regulations 39 that may Haag -pertain to a proposed development. Compliance with the provisions of this chapter 40 does not necessarily constitute compliance with other regulations and permit requirements; pFevid- 41 ed, that the following shall a . lyi. 42 B. In cases where other agencies have jurisdiction over critical areas and the technical administrator 43 determines that the permit conditions imposed by such agencies are no less protective and satisfy e.\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx 8 343 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 the requirements of this chapter, those permit conditions may be substituted as the conditions of 2 approval for the requirements of this chapter. Such agencies may include, but are not limited to, the 3 Lummi Nation; the Nooksack Tribe; the United States Army Corps of Engineers; the United States 4 Environmental Protection Agency; the United States Fish and Wildlife Service; the National Marine 5 Fisheries Service or NOAA Fisheries; and the Washington State Departments of Ecology, Natural Re- 6 sources, and Fish and Wildlife. 7 C. The County shall make detailed written findings required by Chapter WCC 2.33 and WCC 16.16.250 8 when adopting conditions of another jurisdiction's permit. Such requirements shall be a condition of 9 critical area approval and enforceable by the County. In the event that there is a conflict between 10 permit requirements and the standards of this chapter, the more restrictive standards shall apply. 11 D. The County shall notify the applicant in writing when adopting other agencies' conditions pursuant 12 to this section . 13 16.16.220 Identification and Mapping of Critical Areas. 14 A. The County has identified critical areas and areas where the conditions under which critical areas 15 typically occur and/or have the potential to occur. The approximate location and extent of critical 16 areas within the County's jurisdiction are shown on maps, which shall be available at the planning 17 I and development services department and online for public inspection. 18 B. Property owners, the technical administrator, and/or members of the public may use these maps as 19 a general guide, but the maps do not provide a comprehensive accounting of areas subject to this 20 chapter nor do they provide a definitive critical areas designation. Critical area locations and bound- 21 aries shown on the County's maps are approximate and do not include buffers that may be associat- 22 ed with critical areas, and some critical areas may not be shown on the maps at all. It is also possible 23 that some maps showing critical areas in certain areas may not be accurate. 24 C. Field investigation, analysis by a qualified professional, and/or consideration of other sources of 25 credible scientific information may be required to confirm the presence or absence of a critical area 26 and its boundaries and buffers. The GBup#y--shall update the map�,nn a lar nd Ee+�s s*^ s 27 as nferr-nie-4ecowes :a:lai3le: 28 ED. Planning and Development Services has the authority and shall to update critical areast4e maps 29 and shall do so as new critical areas are identified and as new information becomes available. 30 16.16.225 Regulated Activities. 31 A. The following activities shall be subject to the provisions of this chapter when they occur within crit- 32 ical areas or their buffers or will impair the functions and values of a critical area: 33 1. Clearing, grading, dumping, excavating, discharging, or filling with any material. This includes 34 creating impervious surfaces. 35 2. Constructing, reconstructing, demolishing or altering the size of any structure or infrastructure, 36 subject to the provisions for a nonconforming structure pursuant to WCC 16.16.275, WCC Chap- 37 ter 20.83, and WCC 23.50.070. 38 3. Any other activity for which a County permit is required, excluding permits for interior remodel- 39 ing. 40 B. Alteration of critical areas and/or buffers is prohibited except when: 41 1. Alteration is approved pursuant to the reasonable use or variance provisions of WCC 16.16.270 42 and 16.16.273, respectively; or 43 2. Alteration is necessary to accommodate an essential public facility or public utility where no fea- 44 sible alternative location will accommodate the facility and the facility is located, designed, and 45 constructed to minimize and, where possible, avoid critical areas disturbance to the maximum 46 extent feasible; or e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx 9 344 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 3. Alteration is necessary to accommodate an approved water- dependent o;;enteduse and any 2 associated development/activity and/or the development activities listed in WCC 3 23.90.130(B)(7)(a) when permitted in accordance with the Whatcom County Shoreline Man- 4 agement Program (SMP); provided, that such development is operated, located, designed and 5 constructed to minimize and, where possible, avoid critical areas disturbance to the maximum 6 extent feasible; or 7 4. Alteration is part of an essential element of an activity allowed by this chapter and all feasible 8 measures to avoid and minimize impacts have been employed. Such feasible measures shall in- 9 clude, but not be limited to, clustering where permitted by zoning and as appropriate to protect 10 critical areas. The purposes of clustering shall be to minimize adverse effects of development on 11 critical area functions and values, minimize land clearing, maintain soil stability, preserve native 12 vegetation, provide for wildlife corridors, maintain hydrology, and mitigate risk to life and prop- 13 erty; or 14 5. Alteration is associated with an exempt activity under WCC 16.16.230, or is allowed pursuant to 15 the notification provisions of WCC 16.16.235, or is allowed pursuant to the specific regulatory 16 standards for each designated critical area, as enumerated in the subsequent articles of this 17 chapter; or 18 6. Alteration is associated with an alternative mitigation plan or watershed -based management 19 plan approved pursuant to WCC 16.16.2619M or 16.16.262, respectively; or, 20 1 6`7.Alteration is associated with a conservation farm plan pursuant to WCC 16.16 Article 8 21 16.16.230 Exempt Activities. 22 Exemptions from permit requirements of this chapter shall not be deemed to grant authorization for 23 any work to be done in any manner in violation of the provisions of this chapter or any other laws or 24 ordinances of this jurisdiction. The following activities as specified are exempt from the requirements 25 pr-Qvi�of this chapter: 26 A. -Class I, II, III, and IV special (not Class IV general) forest practices conducted in accordance with the 27 applicable standards of the Washington State Forest Practices Ac4rules, GhapteF Title 222-16 WAC, 28 except where _,: 29 B. the lands have been or are proposed to be converted to a use other than commercial forest prod- 30 uct production 31 �A.OR !a 4- -�'nT been platted jtN F� _ as provided in R(;W 76 09 CNO and 32 '6.^, 0 �40. 33 B. Maintenance of egg, lawfully established vegetation, landscaping, and gardens within a regulat- 34 ed critical area or its buffer, including, but not limited to, cutting, mowing lawns, weeding, removal 35 of noxious and invasive species, harvesting and replanting of garden crops, pruning and planting of 36 noninvasive ornamental vegetation or indigenous native species to maintain the general condition 37 and extent of such areas; provided, that native growth protection areas, Mitigation sites, or other 38 areas protected via conservation easements or similar restrictive covenants are not covered by this 39 exception. 40 P-.C. Maintenance activates necessary to implement approved mitigation plans. 41D.Low impact activities, when the activity doesthg e not cause adverse impacts, such as hiking, ca- 42 noeing, viewing, nature study, photography, hunting, fishing, education, or scientific research. 43 -FL.E. Activities undertaken to comply with a United States Environmental Protection Agency Superfund- 44 related Order, or a Washington Department of Ecology Order pursuant to the Model Toxics Control 45 Act, or a Department of Homeland Security Order that specifically preempts local regulations in the 46 findings of the Order. e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx10 345 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 1 F. Maintenance and/or repair of lawfully established single-family residences and appurtenant fea- 2 tures; provided, that the activity does not further alter, impact, or encroach upon critical areas or 3 buffers or further affect their functions. The maintenance activity shall not result in increased risk to 4 life or property. 5 G. Fish, wildlife, and/or wetland restoration or enhancement activities not required as project mitiga- 6 tion; provided, that the project is approved by the U.S. Fish and Wildlife Service, the Washington 7 State Department of Ecology, Washington State Department Fish and Wildlife, or other appropriate 8 local, state, federal, or tribal jurisdiction and/or that meet the criteria of RCW 77.55.181(1) and that 9 are reviewed and approved according to the provisions of RCW 77.55.181. 10 16.16.235 Activities Allowed with Notification. 11 A. The following- activities a-s-specified in subsection (B) are authorized within critical areas and buffers; 12 provided, that: 13 1. 4The applicant provides a written notification to the technical administrator (see Appendix B of 14 this on a form provided by the department. 15 2. The notification will provide a site plan (in a common scale), photos, and specific information 16 describing the activity and the mitigation to be implemented, if required by the Technical Ad- 17 ministrator, to document that the activity will not result in increased risk to public health, safety, 18 and welfare; that adverse impacts to critical areas are minimized; and that disturbed areas are 19 restored as soon as possible following the activity. 20 3. Notification shall be submitted to the technical administrator at least 10 full business days prior 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 to initiating work. 4. Upon receipt of the notification, the Technical Administrator shall issue a decision within 10 days unless additional information is required from the applicant or other review processes ne- cessitate additional time. Additionally, the Technical Administrator may provide guidance on best management practices for tree and vegetation protection, construction management, ero- sion and sedimentation control, water quality protection, and use of chemical applications to be used in the execution of the activities listed in Subsection (B). 4.5. Unless otherwise specified, notification shall be valid for one year per activity; provided, that there is no change in the scope of the project including, but not limited to, the location and/or extent of the activity allowed under the notification process. B. Activities allowed with notification: -5-.1. Emergency construction or activity necessary for the immediate preservation of the public health, safety, and welfare as determined by the technical administrator; provided, that: An emergency is an unanticipated and imminent threat to public health, safety, or the envi- ronment that requires immediate action within a time period too short to allow full compli- ance with this chapter. b. Emergency construction does not include development of new permanent protective struc- tures where none previously existed. Where the technical administrator determines that new protective structures are the appropriate means to address an emergency situation, the project proponent shall either obtain any permits that would have been required absent an emergency, pursuant to Chapter 90.58 RCW, Chapter 173-27 WAC, or this chapter, or remove the structure upon abatement of the emergency situation. c. Within the jurisdiction of the Whatcom County Shoreline Management Program (WCC Title 23), all emergency construction shall be consistent with the policies and procedural re- quirements of WCC Title 23 and this chapter. d. The applicant shall make a reasonable attempt to contact the technical administrator prior to activity; provided, that when prior notice is not feasible, notification of the action shall be e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx11 346 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 submitted to the technical administrator as soon as the emergency is addressed and no later 2 than 14 days following such action. 3 2. Maintenance, operation, and/or repair of existing infrastructure improvements, including dikes 4 and drainage ditches, rights -of -way, trails, roads, fences, and utilities; provided, that the activity 5 does not further alter, impact, or encroach upon critical areas or buffers or further affect their 6 functions. The maintenance activity shall not result in increased risk to life or property. Mainte- 7 nance shall be allowed pursuant to the provisions set forth in this chapter; provided, that: 8 a. The applicant shall submit to the technical administrator a written description of the 9 maintenance activity with all of the following general information: 10 1. Type, timing, frequency, and sequence of maintenance activity to be conducted; 11 2. Type of equipment to be used (hand or mechanical); 12 3. Manner in which the equipment will be used; and 13 4. Best management practices to be used. 14 b. The applicant's written description shall be valid for up to five years; provided; that there is 15 no significant change in the type or extent of maintenance activity. 16 3. Select vegetation removal or pruning of vegetation subject to the following: 17 a. Vegetation removal or pruning will be done in a manner that minimizes unnee2ssary-dis- 18 turbance and prevents adverse effects on soil stability, fish or wildlife habitat, water quality, 19 or water quantity. 20 b. ; prea+des Except for lawn, pasture, ornamental vegetation, and similar introduced 21 vegetation, no vegetation shall be removed from a wetland, habitat conservation area, 22 coastal or riverine erosion hazard area, or landslide hazard area or their buffers unless oth- 23 erwise authorized by the Technical Administrator for safety reasons.; exeept fQF is -R-pas-- 24 kw-e,-errs- l al egetat+aF arm sim+l r i+� e�esed-vegetation except that 25 c. Cut vegetation shall be left within the critical area or buffer where practicable unless re- 26 moval is warranted due to the presence of an established disease infestation or other haz- 27 ard, or because of access or maintenance needs if the area is a utility or access right-of-way. 28 4. The -cutfelling of hard trees withiri_criical areas and b_u.lfers, with an approved 29 tree risk assessment completed by a qualified professional. 30 3 5.G[eaHflr k i^^ ^f -..emsr s-^;g nExcept in landslide hazwd_3reas_v4_l ii_-ff= 31 ers and rimii -e-an-d-coastal_erosion hazard areas and buffers. he clearing, pruning, and revege- 32 tation of buffer areas .,for view purposes. provided: 33 a. Lhj _ctiyity_sha11 not be conducted more than once every 10 years for an ink. 34 35 b. A -window -or view opening is limited to the minimum necessary for view purposes and shall 36 not exceed 15%,n,pffwPA-of buffer length . unless t e ap �in.t can der Qn.SCra ko_ th!Q Cec h 37 i i i I r rdimensian is - lope or 38 ather site considerations. TMe _erecter tLan 12 incheeier_at_breast i� t shall be 39 paserved, but may be shaped, windowed thinned or pruned, 40 c. Clearing shall not takes !ap c where.Wc usad_r_isksor adverse impacts, including cu mviabive 41 impacts, to critical area functions and values are likely to occur. 42 d. Low-growiUg__ati to veett It on shalLber_et_ained anA I^e planed in the view rri or to pr�� 43 YWgJI&IJ&5JaWUmIhLe area, and achieve dense growth. 44 e. T1115 myj pat ap )y to_open_space set asi1e ir> p subdivisipn or ether a Rrgvaj 45 which 5pecifir. conditions are attached that prohibit clearing of vegetation without a written 46 approval or permL 47 f. View areas established under this section shall be considered lawfully established and m 48 be maintained as um ded for,in 5ubsection_R(3) of this sectiom e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx 12 'Oh WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 4 —The tinstallation of navigation aids and boundary markers in accordance with applicable state 2 and federal laws.- or the 3 &.6. installation of mooring buoys in accordance with the Department of Fish and Wildlife design 4 guidelines and the Whatcom County Shoreline Management Program (WCC Title 23). 5 6-7. Routine site investigation work in wetlands, landslide hazard areas, and riverine and coastal ero- 6 sion hazard areas. This includes geotechnical soil borings, groundwater monitoring wells, perco- 7 lation tests, sediment sampling, and similar or related activities necessary -required for land use 8 application submittals or permit compliance. Land survey and shallow soil test pits dug in con- 9 junction with wetland delineation studies do not require notification. -an- affpa 11 12 3.- 13 gesidential proven 14 2:- _t...-+ a 15 16 - 17 18 may be sh,d� wiipduwed/thinnm��Wpmdi 19ingliaiding — 20 21 4 22cl en 23 5— I- P-Praval to wh 24 ifi- __ t, 25 0"aop" 26 27 28 6:—. Pi sh, wi I d1ife ,a d fir. r e fla.- d .-4.. � � rn.s^�on+ �r4i.ri}jar nr.i wry aired. as project mi+i_ 29 rratin.�r. • rp..i Gde,li ?{ the nr..inr} i appFOVed L... theU.S. :r r lrllif., Cp Y hn LAIRS 30 tOR Sta o Roper of `GAlaOinnten Clam Depart.. ent Fish aR 3Wildlife, or other ap- 31 propFi ate leeal, state, feder'lCIYsd'aion 32 7--.8. Household herbicides, nc-4 fertilizers or household herbicides to address noxious 33 weed infestation, may be used in critical area buffers, but not in critical areas., when Either must 34 be applied at times and rates specified on the label in accordance with Washington State De- 35 partment of Agriculture and other applicable regulations. 36 8-9. Routine maintenance of drainage channels ditches on agricultural lands; provided, that all of the 37 following are met: 38 a. The maintenance is necessary to support ongoing agricultural operations; 39 b. The maintenance activity does not expand the dimensions of the drainage channel beyond 40 the original, lawfully established dimensions; 41 c. The agricultural activities are conducted pursuant to an approved conservation farm plan 42 prepared pursuant to WCC 16.16.290; 43 d. The farm operator obtains a hydraulic project approval (HPA), if required, from the Wash- 44 ington State Department of Fish and Wildlife (WDFW) prior to the maintenance activity; and 45 e. The farm operator provides a copy of the HPA to the technical administrator as part of the 46 written notification. Ni-athe, Writta=. neritieation�edd- 47 .10. Alteration or removal of beaver -built structures two years old or less; provided, that: 48 a. There is no adverse impact to wetland or river or stream functions. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx13 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2F 1 b. The property owner obtains an HPA from WDFW (if required) prior to the maintenance ac- 2 tivity. 3 c. The property owner provides a copy of the HPA to the technical administrator as part of the 4 written notification. 5 16.16.240 Technical Administrator and Hearing Examiner Authority. 6 The technical administrator is the Whatcom County director of planning and development services or 7 his/her designee. The hearing examiner is appointed by the County Council. The technical administrator 8 and the County Hearing Examiner shall administer and enforce the provisions of this chapter pursuant to 9 the following: 10 A. The technical administrator shall have the primary responsibility for reviewing development pro- 11 posals for compliance with this chapter and is authorized to approve, deny, or condition permits in 12 accordance with the standards set forth herein. The technical administrator shall also have the fol- 13 lowing authority: 14 1. Authority to convene an interdisciplinary team to assist in reviewing development proposals or 15 to solicit review from outside experts in accordance with WCC 16.16.245. 16 2. Authority to grant, condition, or deny reasonable use permits for single-family residential build- 17 ing permits re lepees pFop see to be lacated outside ksg�relr,!i —&Fea& within 18 critical areas and/or their buffers 19 2:3.e-r-Authority to grant, condition, or deny reasonable use permits for other development pro- 20 posals that would affect critical area buffers, but not the critical areas themselves. 21 -3-4. Authority to serve a cease and desist order pursuant to WCC 16.16.285 upon a person undertak- 22 ing activity within a critical area or buffer in violation of this chapter. 23 4.5.Any additional responsibility and/or authority specifically provided for in the subsequent articles 24 of this chapter. 25 B. The technical administrator's authority shall transfer to another County decision -maker when an- 26 other decision -maker is specified for a separate project permit. In such cases, the technical adminis- 27 trator shall ensure that all procedural requirements of this chapter are met and shall make a rec- 28 ommendation to the designated decision -maker as to how the provisions of this chapter apply to 29 the permit action, including project permits. 30 C. The Whatcom County hearing examiner is hereby vested with responsibility and authority to hear 31 appeals and perform the following duties: 32 1. Authority to grant or deny variances. 33 2. Authority to grant, condition, or deny reasonable use permits for all non single -{-,n,il.. develop- 34 ments, except single-family building permits, affecting critical areas-a-Rd-fo+-a4-develGpn,,,-n-ts-ift 35 geologically L.azarrieu&-a� 36 3. Authority to decide on appeals of administrative decisions including, but not limited to, vaf;anee 37 a444-reasonable use permits issued by the technical administrator. 38 4. Authority to hold public hearings pursuant to Chapters 20.84 and 20.92 WCC. 39 D. In granting, revising, or extending a permit, the technical administrator, or hearing examiner, as ap- 40 l Fepraaleapplicable, may attach such conditions, modifications, or restrictions thereto regarding the 41 location, character, and other features of the proposed development deemed necessary to assure 42 that the development is consistent with criteria set forth in this chapter. In cases involving unusual 43 circumstances or uncertain effects, a condition may be imposed to allow for future review or 44 reevaluation to assure conformance with this chapter. The technical administrator and/or hearing 45 examiner shall render a final decision in accordance with the timelines established in WCC 2.33.090 46 and 20.92.430, as applicable. All decisions of the technical administrator and hearing examiner may 47 be appealed pursuant to WCC 20.84.240 and 20.92.600. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx14 349 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 16.16.245 Interdisciplinary Team. 2 The technical administrator may call upon outside expertise including an interdisciplinary team if the 3 'technical administrator determines that additional technical assistance is required to assess a critical 4 areas development proposal or ensure the application of best available science. 5 A. The interdisciplinary team shall include the applicant and/or their technical representative, local, 6 state, or federal agency or tribal representatives with expertise in the field, and/or independent 7 qualified professionals with expertise relating to the critical area issue. 8 B. The functions of the interdisciplinary team are to field check and verify critical area determina- 9 tions/boundaries and assess species/habitat presence by providing written peer review of the in- 10 formation included with an application, identify areas of concern in the application of best available 11 science, provide professional opinions and recommendations relevant to the provisions of this chap- 12 ter, and help focus the preparation of subsequent reports and environmental documentation on the 13 most relevant issues. 14 C. The technical administrator will coordinate this effort and seek advice from the team. 15 D. In lieu of convening an interdisciplinary team, the County may require third party review by a quali- 16 fied professional for any development proposal, mitigation plan, mitigation bank proposal, or other 17 project for which additional technical expertise is needed. The cost of the third party review shall be 18 the permit applicant's responsibility. 19 16.16.250 Submittal Requirements and Critical Areas Review Process. 20 I A. All applicants shall complete a prescreening a -Fe enea -°� to rzary#aet aa.a4j'U: meeting with the 21 technical administrator prior to submitting an application subject to this chapter. The purpose of 22 this meeting shall be to discuss the requirements for a complete application; the critical area stand- 23 ards and procedures; to review conceptual site plans prepared by the applicant; to discuss appropri- 24 ate investigative techniques and methods; and to determine reporting requirements. 25 B. Review and approval of a proposed development within a critical area or its buffer may be initiated 26 + through the application for any project permit in Whatcom County. if 27 I ion lira r r fort peel i+ �iiny*i�r shall he made ursuant toChapter ? 22 WCG7 28 C. The technical administrator shall be responsible, in a timely manner, to make one of the following 29 determinations regarding critical areas review: 30 1. Initial Determination. When County critical area maps or other sources of credible information 31 indicate that a site may be located, contain or abut critical areas, critical area buffers or setbacks 32 the technical administrator shall require technical studies in accordance with that critical area's 33 specific Article. 34 -1-.2. Determination of Impacts. n tThe technical administrator 35 shall use best available science, including but not limited to the County's critical areas maps, 36 his/her field investigation results, his/her own knowledge of the site, information from appro- 37 priate resource agencies, or documentation from a scientific or other credible source to deter- 38 mine if the project +swill more probably than not yVithii4aclversely impact a critical area 39 or its buffer. T4e4echfk-al ad subm;t a critical area 40 idenWication-forsIdentified ad- 41 verse impacts shall be fully mitigated in accordance with WCC 16.16.260. 42 -2 3. Determination of Compliance. If the applicant demonstrates to the satisfaction of the Technical 43 Administrator that the project meets the provisions of this chapter and is not likely to adversely 44 affect the functions and values of critical areas or buffers or provides mitigation to reduce the 45 adverse impact to meet no net loss of the function and values of critical areas or its buffer, the 46 technical administrator shall make the determination issue«.•.rate" wer;fir-Mien that the proposal 47 complies with this chapter. sh 14�111 � ^� r^ the pizojeEt review record for e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl5 350 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 the Fiyi-Rg,permit, or fdanc-L-with--Ghapter3-IAI�E�e� r��furt#�er�iEa� 2 .., ed. 3. iee GF A-rnal Cr rtm -a11 the Gritefri a 4 are p ekial y t o yet a ff,eet a critical — 5 buff @.F;-#in Farhr,;Eai a .,.4Fmeter--sha �►Frre_GGlfiFFAatiOFl tin ronrcz yr—m ;ccsef-C44- 6 ical s3FEe$5-t lr $i E�iK15 Et r n.4� v y az c}lifio.{ r of s ••n4-GF etheF-appFopr4te means con 7 4steF}t--w4h best y,.,;i ,� r ee rod sl�alf e Ffy tk -a Eie nt+r}rvritif oftlie needta-•pFe•- 8 pa'KE`ti? GFlt-IGa I-aFea-s-a rrnTcrr nn Fe {�i-Fi$rvfw4i4anG--w4h-WCC-46.-Ifi.22- 9 4. Decision to Approve, Condition, or Deny. The technical administrator shall review all pertinent 10 information pertaining to the proposed development and shall approve, approve with condi- 11 tions, or deny the permit based on their review, and shall provide a detailed written decision. 12 This; determination shall be included in the project review record for the project permit in ac- 13 cordance with Chapter 2.33 WCC.,- It+ inO-If4 n� „f faet tr �„pp„Qr r deeisiefa-faade—Such 14 deteto the applicant k+.wf44-+g-. 15 D. The technical administrator may waive the requirement for critical areas review under this chapter 16 when h.,. 's/he determines that all of the following conditions are met: 17 1. The proposed development activity is located on a parcel that received approval of a previous 18 critical areas review within the prior 5 years, site conditions have not changed, and the applica- 19 ble regulations have not substantively changed; an6appFopriate-Cnt.iiity-pArinits-+Ner-e-lssu-ed; 20 2. All critical areas on the parcel have been identified and delineated and the effects of the pro- 21 posed development activity have been thoroughly considered in accordance with the most cur- 22 rent regulations 4-affieer at the Band Best Available Science; 23 3. The activity is in compliance with all permit conditions including mitigating measures, as appli- 24 cable, that were imposed as part of the prior review and there are no outstanding violations of 25 conditions that were imposed as part of the previous review; 26 4--T#he-Oer-peff+it-,hasn g-, 27 5-.4.The development activity involves a use that is equally or less intensive than the development 28 activity that was subject to the prior permit. Land use intensity shall be based on factors includ- 29 ing development density, critical areas impacts, impervious surface, noise, glare, dust, hours of 30 operation, and traffic. 31 E. Upon-t#e-apptieaf-rt's--resof 42t 32 te-AWa4A•44+e_deeision made. Submittal Materials: 33 1. Complete Application 34 1 2. A detailed site map drawn to a common scale, or survey, showing at least the following: 35 a. Vicinity Map 36 b. Topographic, hydrologic, and vegetative features. 37 c. The location and description of known wildlife and habitat features and all known critical ar- 38 eas. 39 d. Proposed development activity with dimensions. 40 6- -•Existing physical features of the site including buildings, fences, and other structures, roads, 41 parking lots, utilities, water bodies, etc. Structures shall be dimensioned. 42 3. 43 €:F. Elements of a critical area assessment are encouraged to be submitted together for timely review. 44 However, the Technical Administrator may allow the various components to be submitted inde- 45 pendently at different phases of a project if s/he determines piecemeal review will benefit the re- 46 view process or at the request of the applicant. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl6 351 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 16.16.255 Critical Areas Assessment Reports. 2 A. When the technical administrator determines a need fora iona'a critical area assessment pursu- 3 ant to WCC 16.16.250(C)(3)p Fe posed developmentis within, 1bUttiAg, , is likely tG a.J..ersely affe� 4 a-eFitieal aFea-0F bU ffer- P FSUa ions this she � ham. is reF, / �s#e shall have the authority 5 to have the authority to require a critical areas assessment report, to be prepared by a -,-qualified 6 professional, as ef�by thiS Ociptor Shall „fir^fir and be consistent with best availa- 7 ble science. 8 analys`r �� promwA The analysis shall be commensurate with the value or 9 sensitivity of a particular critical area and relative to the scale and potential impacts of the proposed 10 activity. A critical area assessment shall have all of the following elements, unless determined by the 11 Technical Administrator not to be needed: 12 1. The requirements found in subsections (B) & (H); 13 2. Geological Hazard Assessment; 14 3. Critical Aquifer Recharge Assessment; 15 4. Frequently Flooded Area Assessment; 16 5. Wetland Assessment; 17 6. Fish and Wildlife Habitat Conservation Area Assessment; 18 -1-.7.A mitigation plan addressing all mitigation requirements of this Title. 19 A:B.The critical areas assessment report shall: 20 1. Demonstrate that the submitted proposal is consistent with the purposes and specific standards 21 of this chapter; 22 2. Describe all relevant aspects of the development proposal and critical areas adversely affected 23 by the proposal including any geological hazards and risks associated with the proposal, and as- 24 sess impacts on the critical area from activities and uses proposed; and 25 3. Where impacts are unavoidable, demonstrate through an alternatives analysis that no other 26 feasible alternative exists. 27 4. Considers the cumulative impacts of the proposed action that includes past, present, and rea- 28 sonably foreseeable future actions to facilitate the goal of no net loss of critical areas. Such im- 29 pacts shall include those to wildlife, habitat, and migration corridors; water quality and quantity; 30 and other watershed processes that relate to critical area condition, process, and/or service. 31 3-.5. Identify proposed mitigation and protective measures as required by this chapter. 32 9:C.The technical administrator shall review the critical areas assessment report for completeness and 33 accuracy and shall consider the recommendations and conclusions of the critical areas assessment 34 report to assist in making administrative decisions concerning approval, conditional approval, or de- 35 nial of the subject project and to resolve issues concerning critical areas jurisdiction and appropriate 36 mitigation and protective measures. 37 ED. Critical areas assessment reports shall generally be valid for a period of five years from the date 38 the assessment is approved by the technical administrator. Future land use applications may require 39 preparation of new or supplemental critical area assessment reports unless it can be demonstrated 40 to the satisfaction of the technical administrator that the previously prepared report is adequate for 41 current analysis. The technical administrator may also require the preparation of a new critical area 42 assessment report or a supplemental report when new information is found demonstrating that the 43 initial assessment is in error. If the technical administrator requires more information in the report, 44 s/he/s#e shall make the request in writing to the applicant stating what additional information is 45 needed and why. 46 The technical administrator war -shall reject or request revision of the field and literature findings 47 and conclusions reached in a critical areas assessment report when t"e +o^",,;^al .,dmin,stFat„r s/he e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl7 352 6.16 Critical Areas Regulations (Council edited version) 9/26/17 1 can demonstrate that the assessment is inaccurate, incomplete, or does not fully address the critical 2 areas impacts involved. 3F. To avoid duplication, the reporting requirements of this chapter shall be coordinated if more than 4 one critical area assessment report is required for a site or development proposal. Similarly, where 5 other agencies assessments or reports are required pursuant to other state or federal laws, the ap- 6 plicant is encouraged to submit one report that satisfies all such agencies' requirements. 7 �G.In addition to a hard copy, Aapplicants shall provide reports and maps to the County in an electronic 8 format that allows site data to be incorporated into the County critical areas database; PFeVid- 9 edhowever, tha-t-the County may waive the electronic format thi-s-requirement for single-family de- 10 velopm, building permits. Applicants shall follow Whatcom County ar-e-eiicoufa4 �Fd i Rat 11 with the ��r�� ^'1-'minist r� ariil: electronic submittal guidelines. This requirement shall 12 not be construed as a requirement to use specific computer software, though it must be in a format 13 useable by the County. 14 frH. The intent o#these provisions is to rewire a reasons g i I. -of technical sttrdy_and alternatives 15 analysis to WCC_16.16.225 sufficient to assess gotential.nroiect impacts and to protecit- 16 ical areas. At a minimum, a critical areas assessment report shall include the following information: 17 1. A site plan showing the proposed development footprint and clearing limits, all relevant critical 18 areas and buffers within and abutting the site, a written description of the project, an examina- 19 tion of project on -site design alternatives, and an explanation of why the proposed activity re- 20 quires a location on, or access across, a critical area and why alternatives are not feasible; 21 2. A written description of the critical areas and buffers on or abutting in the vicinity of the site, in- 22 cluding their size, type, classification or rating, condition, disturbance history, and functions and 23 values. Projects in frequently flooded areas must comply with the reporting requirements of 24 WCC Title 17. Projects on or adjacent to geologically hazardous areas shall identify the type of 25 hazard and assess the associated risks posed by the development or that the development may 26 be subject to; 27 3. An analysis of potential adverse critical area impacts associated with the proposed activity in- 28 cluding, but not limited to, effects related to clearing, grading, noise, light/glare, drilling, dam- 29 ming, draining, creating impervious surface, managing stormwater, releasing hazardous materi- 30 als, and other alterations, and including an explanation of critical area processes and functions 31 that may be affected; 32 4. An analysis of how critical area impacts or risks will be avoided and/or minimized, and/or an 33 analysis of the proposed measures to prevent or minimize hazards. When impacts cannot be 34 avoided, the report shall include a plan describing mitigation that will be provided to replace 35 critical area functions and values altered as a result of the proposal. The mitigation plan shall be 36 consistent with the provisions of WCC 16.16.260 c 11t1 provide written documentation showing 37 what the applicant considered for each step in the mitigation sequencing and the other applica- 38 ble articles of this chapter; 39 5. The dates, names, signature, and qualifications of the persons preparing the report and docu- 40 mentation of analysis methods including any fieldwork performed on the site; and 41 6. Additional reasonable information requested by the technical administrator for the assessment 42 of critical areas impacts or otherwise required by the subsequent articles of this chapter. 43 16.16.260 General Mitigation Requirements. 44 Developments permitted pursuant to this chapter that adversely impact or alter a critical area or buffer 45 shall include mitigation sufficient to minimize risks associated with geologic hazards and/or maintain or 46 replace critical areas functions and values. Any proposed development that cannot adequately mitigate 47 critical area impacts as determined by the technical administrator shall be denied. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx18 353 6.16 Critical Areas Regulations (Council edited version) 9/26/17 1 A. Mitigation Sequence. 2 1. When an alteration or impact to a critical area or buffer is proposed, the applicant shall conduct 3 an alternatives/mitigation sequencing analysis and demonstrate that all reasonable efforts have 4 been taken to mitigate adverse impacts in the following prioritized order: 5 a. Avoiding the adverse impact altogether by not taking a certain action or parts of an action, 6 or moving the action. 7 b. Minimizing adverse impacts by limiting the degree or magnitude of the action and its im- 8 plementation by using appropriate technology and engineering, or by taking affirmative 9 steps to avoid or reduce adverse impacts. 10 c. Rectifying the adverse impact by repairing, rehabilitating, or restoring the affected environ- 11 ment. 12 d. Reducing or eliminating the adverse impact over time by preservation and maintenance op- 13 erations during the life of the action. 14 e. Compensating for the adverse impact by replacing, enhancing, or providing similar substi- 15 tute resources or environments and monitoring the adverse impact and the mitigation pro- 16 ject and taking appropriate corrective measures. 17 i 2. Mitigation shall be provided for all unavoidable adverse alterations of a critical area or buffer. 18 Mitigation for individual projects may include a sequenced combination of the above measures 19 as needed to achieve the most effective protection, compensation for buffer functions and val- 20 ues, or eempensateF�-mitigation for critical area functions and values. 21 B. Mitigation Plan. 22 1. GGfflPe &@tGPr rnitiBatir.r. rh&ll b- RFOVmded fo -.li avakIa4le-afsarse alterations to a ritical 23 OF buffeF. A mitigation plan shall be developed in accordance with an approved critical are- 24 as assessment report and be consistent with best available science. Where appropriate, the mit- 25 igation plan should be compatible with watershed and recovery planning goals for Whatcom 26 County. The intent of these provisions is to require a level of technical study and analysis suffi- 27 cient to protect critical areas and/or protect developments and occupants from critical areas in- 28 volving hazards. The analysis shall be commensurate with the value or sensitivity of a particular 29 critical area and relative to the scale and potential impacts of the proposed activity. 30 2. The mitigation plan shall provide for construction, maintenance, monitoring, and contingencies 31 as required by conditions of approval and consistent with the requirements of this chapter. 32 3. The mitigation plan shall be prepared by a qualified professional; provided, that the technical 33 administrator may waive the requirement to hire a qualified professional to prepare a mitigation 34 plan when the required mitigation involves standard planting or enhancement practices. The 35 waiver shall not be granted for mitigation practices involving wetland creation, rehabilitation 36 and/or restoration. 37 4. The mitigation plan shall contain the following information: 38 a. A description and scaled drawings of the activities proposed to reduce risks associated with 39 geologic hazards and/or flooding, and/or to mitigate for impacts to critical area functions 40 and values. This shall include all clearing, grading/ excavation, drainage alterations, planting, 41 invasive weed management, installation of habitat structures, construction sequencing, best 42 management practices, site protection, irrigation, and other site treatments associated with 43 the development activities. 44 b. Specific information on construction or the proposed mitigation activity including timing, 45 sequence, equipment needs, a44d-best management practices, and responsible parties. 46 c. A description of the functions and values that the proposed mitigation area(s) shall provide, 47 and/or a description of the level of hazard mitigation provided. e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx 19 354 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26 1 d. The goals, objectives, and performance standards that the proposed mitigation action(s) 2 shall achieve or demonstrate consistency with. 3 e. A description of how the mitigation area(s) will be evaluated and monitored to determine if 4 the performance standards are being met. 5 f. A program and schedule for construction and post -construction performance monitoring of 6 the mitigation project. 7 g. An evaluation of potential adverse impacts on adjacent property owners resulting from the 8 proposed mitigation and measures to address such impacts. Mitigation projects shall not re- 9 sult in adverse impacts to adjacent property owners. 10 h. Identification of potential courses of action or contingencies, and any corrective measures 11 to be taken if monitoring or evaluation indicates that project performance standards are not 12 being met. 13 i. Plan sheets with scale identified, showing the edge of the critical area and buffer area. The 14 affected critical area and buffer shall be clearly staked, flagged, and/or fenced prior to and 15 during any site clearing and construction to ensure protection for the critical area and buffer 16 during construction. 17 j. A description of other permits and approvals being sought, including the need for permits 18 from state and/or federal agencies. 19 k. Additional information as required by the subsequent articles of this chapter. 20 C. Mitigation Monitoring and Maintenance. 21 1. The technical administrator shall have the authority to have the authority to require that com- 22 pensatory mitigation projects be monitored annually for at least five years to establish that per- 23 formance standards have been met. Required monitoring reports shall be submitted to the 24 County annually during the monitoring period to document milestones, successes, problems, 25 and contingency actions of the compensatory mitigation. The technical administrator may re- 26 duce the monitoring timeframe to three years for minor mitigation projects involving critical ar- 27 ea or buffer revegetation or vegetation enhancement, but not for projects involving wetland 28 creation, wetland restoration, stream restoration or other activities that require manipulation of 29 soils or water. All mitigation areas shall be maintained and managed to prevent degradation and 30 ensure protection of critical area functions and values subject to field verification by the tech- 31 nical administrator. 32 2. The technical administrator shall have the authority to extend the monitoring period, require 33 corrective measures, and/or require additional monitoring reports beyond the initial monitoring 34 period for any project that does not meet the performance standards identified in the mitiga- 35 tion plan, or does not provide adequate replacement for the functions and values of the impact- 36 ed critical area. 37 3. Permanent protection shall be achieved through deed restriction or other protective covenant 38 in accordance with WCC 16.16.265. 39 D. Mitigation Assurance. 40 1. The applicant and his/her representatives shall demonstrate sufficient scientific expertise and 41 capability to implement the mitigation, monitor the site, and make corrections if the project fails 42 to meet projected goals. The technical administrator may require the following to ensure that 43 the mitigation is fully functional: 44 a. The applicant shall post a mitigation surety in the amount of 125% peFeent of the estimated 45 cost of the uncompleted actions or the estimated cost of restoring the functions and values 46 of the critical area that are at risk, whichever is greater. The surety shall be based on an 47 itemized cost estimate of the mitigation activity including clearing and grading, plant mate- 48 rials, plant installation, irrigation, weed management, monitoring, and other costs. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx20 355 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 b. The surety shall be in the form of an assignment of funds or other means approved by the 2 technical administrator. 3 c. Surety authorized by this section shall remain in effect until the technical administrator de- 4 termines, in writing, that the standards bonded for have been met. Surety shall generally be 5 held by the County for a period of five years to ensure that the required mitigation has been 6 fully implemented and demonstrated to function, and may be held for longer periods when 7 necessary. Surety for construction may be reduced after initial completion in an amount not 8 to exceed the cost of monitoring plus not less than 25% percept -of the construction cost. 9 d. Depletion, failure, or collection of surety funds shall not discharge the obligation of an appli- 10 cant or violator to complete required mitigation, maintenance, or monitoring. 11 e. Public development proposals shall be relieved from having to comply with the bonding re- 12 quirements of this section if public funds have previously been committed for mitigation, 13 maintenance, or monitoring. 14 f. Any failure to satisfy critical area requirements established by law or condition including, 15 but not limited to, the failure to provide a monitoring report within 30 days after it is due or 16 comply with other provisions of an approved mitigation plan shall constitute a default sub- 17 ject to the provisions of WCC 16.16.280, and the County may demand payment of any finan- 18 cial guarantees or require other action authorized by the County code or any other law. 19 g. Any funds recovered pursuant to this section shall be used to complete the required mitiga- 20 tion. 21 E. Permanent Protection. All mitigation areas shall be protected and managed to prevent degradation 22 and ensure protection of critical area functions and values in perpetuity. Permanent protection shall 23 be achieved through deed restriction or other protective covenant in accordance with WCC 24 16.16.265. If additional development is proposed that impacts a mitigation area and those impacts 25 are accounted for under a new, approved mitigation plan, such protection may be removed so long 26 as the final plan meets the requirements of this chapter for all cumulative impacts. 27 16.16.261 Alternative or Innovative Mitigation Appfoaches-Plans-aad WiateFshed Managememt 28 Plans. 29 The County shall consider Shall fa^"itate Feview and may approve/OF appreval 30 A. aAn alternative or innovative mitigation plans for a -major development (as defined by t#isin Article 31 9 of this chapter), a -planned unit developments (pursuant to Chapter 20.85 WCC), and/or a-devel- 32 opment agreements (pursuant to RCW 36.7013.170 through 36.708.2101le-F-. 33 --A watershed based manag_- ---At plan :_ 34 „PH w....Ht ,a . 35 A-.B.J.he-mitigatte-nlf approved, said plan shall be used to satisfy the requirements of this chapter and 36 provide relief and/or deviation as appropriate from the specific standards and requirements there- 37 of; provided, that the standards of impact avoidance and minimization shall remain as guiding prin- 38 ciples in the application of these provisions and when it is demonstrated that all of the following cir- 39 cumstances exist: 40 1. The proponent(s) demonstrate the organizational and fiscal capability to carry out the purpose 41 and intent of the plan; 42 2. The proponent(s) demonstrate that long-term management, maintenance, and monitoring of 43 the *er-,;h will be adequately funded and effectively implemented; 44 3. There is a clear likelihood for success of the proposed plan based on supporting scientific infor- 45 mation ,; 0 or demonstrated experience in implementing similar plans; e•\exh a -chapter 16.16 - 2017-09-26 draft with counc.I ed=ts (unprotected).docx21 356 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2E 1 4. In terms of functional value, Tthe proposed p�•ef}ec-t-mitigation plan results in equal or greater 2 protection and conservation of critical areas functions, services, and values than would be 3 achieved using parcel -by -parcel regulations and/or traditional mitigation approaches; 4 5. The plan is consistent with the general purpose and intent of this chapter, the Shoreline Man- 5 agement Program (WCC Title 23), and the comprehensive plan; 6 6. The plan shall contain relevant management strategies considered effective and within the 7 scope of this chapter and shall document when, where, and how such strategies substitute for 8 compliance with the specific standards herein; and 9 The plan shall contain clear and measurable standards for achieving compliance with the pur- 10 poses of this chapter, a description of how such standards will be monitored and measured over 11 the life of the plan, and a fully funded contingency plan if any element of the plan does not meet 12 standards for compliance. 13 '� C�eVi-�-1M1�3f��r`vu•�-,-�.,z-�.--�.�.-.��FT-13F4 a��fi�Q I"tt-�}Ic'�Fa 14 spaR ,;nri%„ OsedistFictwheP rTW 15 t x-general- ar d i n ten-t-Gf thi s eh - p, te r. 9 Lich � p ans ay �ssed o se ttsf the �i r - 16 memt5 of-thti s E;ha pter-aAd-pf"de-retief-•£Faun' i�h- -pe-A— r?'ndard and re q u i re ro e n ts thefenf 17 T�hnn �,;^,�.: aTed fia 11 �F ffa� €allQwii�g eire ra�st-an i5t: 18 9. The-pWGr#ent(s) �t n,'ro^,r rtr5f vr�, Cif�is�ti and fiscal capability to r.out"ur-p8se 19 nd intent of the plan; /� � ��7rnn pp�.��.y � 20 40 TfhF !""MOReR•5'Sj`�efn44 �StraT that lOng teFFF1ggent-rrsaintenanne, snrl e- . +r.rinn of 21ia+. +yaT�n r`rr�r�•vcn_arlcn .�fel.i f „rinrd„.E .ff�yi�iyfy �Cx}n3n mn fie 22 11, Thom. i _ clear iikelih oa d fOF r� � ,�,�„t, p� �P'a„ based on ae rn o n St Fated e_. 23 swiplerpentinn similar nl�nr n r"f ��ciontifr,; 24 -12. Tk—'•"'�v i�dt-fie itrss-•if}i-Vl-1 nr nre»har prete Elie nrl r at4o"f-e4tic—g. 25 ;h'a Qlrl be c-Neye+d usirig pa re-al_h.._ e,l ice' ,' nrl 1p tfa d:tional Wi yy Fafis-a "^I"'�rrorrrr:vrrRr':k71{�It7,-'�i9f-1�71' 26 T ceaGhes; 2p7 13. -t�•h �-Wra�f,}-if consistent with aappFev .+d . I shied plan areas✓-e"n'�-�,, 4+t a-C-., y'y1„ "G-92- 28 Rr: �f+� (tile State IR I-�t@FsL.e Marii�agem e nt Ar�F--tFl���e �f' Pal �ilt�t�tFttleF"YiH�al or state 29 a4&th o r ity t ha t is corrsizAent with the gcaa nd apPreved-ovater&he•d 30 nt to G--haj#te90.82 R4;W; 31 strategies consideFed efcer-tive, ;;Ad A th+n4#ae 32 SQ�f this c'Wsuc�h�strategies sdbs# -,.—fBF 33 es►� Ei;ti k� the-seei# sta F�daereir�; aid 34 3157. 7TSe-ptaP-Aia,�4-cottaiwc• e@F an-d-•rnea-sufa-We standards for ,c-1,ievinig-CQ4 ouncec-vv4th-tkse 35 pu+-poses-ef r *i_antef—, ,: pti �en of how such rtan $ rir .,ils ,�iiiteFe��n�ro a oars ,�v 36 eae•r4-he--I ife-oft , f"'ceded saf}t i�ag e ey pJa r+ i f a layer e Feed a f the -plan -4aes-44o4 37 ^ eet- a�Tar plianee: r� e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx22 357 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 4 5 6 7 8 9 10 l-.—Alternative mitigation plans shall be reviewed concurrently with the underlying land use permit(s) and decisions to approve or deny such plans shall be made in accordance with the underlying permit process. A watercher!_based rnanaggmen ., an -and/., a., alte,.,. atiV..mitigation . IaA .3e.,..1ape4-un- rl_eaaeF thiS section for a major r1ryelGa.in@Fitt, platgR d unit ble elo n; e"eV-eI@peF A4-5144 he allowed to substitute fE)F the sta—da", -A '_iFernents of this chapter when approved by the design iciGA Maker f.,r thE! HA.-ln.14yR o dr...r 19 At N`''r^ it, a PeF GO U 'rCy='ea de - The-P Feces fear annrn. all l shall he as fe9w-,.-- m rw—The plan shall be reviewed by the technical administrator to ensure compliance with the general 11 12 13 14 9-. C 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 purpose and intent of the puFpeses of this chapter, the Whatcom County Shoreline Management Rt�arf� (IAECCile-23); ara wit#-tkse ec�r�;3{ehe�lsive plan, and to ensure accuracy of the data and effectiveness of proposed management strategies. In making this determination the technical ad- ministrator shall consult with the State Departments of Fish and Wildlife, Ecology, Natural Re- sources, and/or other local, state, federal, and/or tribal agencies or experts. If the technical administrator finds the plan to be complete, accurate, and consistent with the purposes and intent of this chapter, the designated decision -maker shall solicit comment pursuant to the public notice provisions of Chapter 2.33 WCC prior to final approval/denial of permission of the plan to substitute for the requirements and standards of this chapter. r. Alternative mitigation plans asseeiated with Fn r rieye4opmentr planned unit d eve ir.pmenl�,. and/or developer a _ _ .mot.. shall be Feyiewed concurrently with the upde y [ng land use per- mit(S) a..rl der:rjr.r.r W appFOve r deny eh plans sh !! h marls in r.Fdan with the under- lying nerve.:+ nrr.rerr 2. SA late FShar!_ based management plans appFaved by the Alr� l"4atu R—CGuPAy-c-GU4;-I--shalI be adOpt- ed by ar.•Eir.n.nee aed appended t9 this chapter. 3. The designated deeision maker shall not appfGve-watershed cow 16.16.262 Watershed -Based Management Plans. A. The County may consider watershed -based management plans A-eieatprghpd-hacad management rtID -sponsored by a -watershed improvement districts.. other special o.uroose districts. or other eov- ernment as B. If approved, said plan "shall be used to satisfy the requirements of this chapter and provide re- lief and/or deviation as appropriate from the specific standards and requirements thereof; provided, that the standards of impact avoidance and minimization shall remain as guiding principles in the application of these provisions and when it is demonstrated that all of the following circumstances exist: 1. The proponent(s) demonstrate the organizational and fiscal capability to carry out the purpose and intent of the plan; 2. The proponent(s) demonstrate that long-term management, maintenance, and monitoring of the watershed will be adequately funded and effectively implemented; 3. There is a clear likelihood for success of the proposed plan based on supporting scientific infor- mation or demonstrated experience in implementing similar plans; 4. In terms of functional value, the proposed mitigation plan results in equal or greater restoration, protection, and conservation of the impacted critical areas than would be achieved using parcel - by -parcel regulations and/or traditional mitigation approaches; 5. The plan is consistent with the general purpose and intent of this chapter, the comprehensive plan, and an approved watershed plan prepared pursuant to Chapter 90.82 RCW (the State Wa- tershed Management Act) or the plan is prepared under other local or state authority that is e \exh a - chapter 16.16 - 2017-09-26 draft with counc,l ed-ts (unprotected).docx23 358 I 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 consistent with the goals and policies of an applicable and approved watershed plan prepared pursuant to Chapter 90.82 RCW; 6. The plan shall contain relevant management strategies considered effective and within the scope of this chapter and shall document when, where, and how such strategies substitute for compliance with the specific standards herein; and 7. The plan shall contain clear and measurable standards for achieving compliance with the pur- poses of this chapter, a description of how such standards will be monitored and measured over the life of the plan, and a fully funded contingency plan if any element of the plan does not meet standards for compliance. C. Watershed -Based Management Plans shall be approved by the County Council by ordinance and appended to this chapter. The process for approval shall be as follows: 1. The plan shall be reviewed by the technical administrator to ensure compliance with the pur- poses of this chapter, the Whatcom County Shoreline Management Program (WCC Title 23), and with the comprehensive plan, and to ensure accuracy of the data and effectiveness of proposed management strategies. In making this determination the technical administrator shall consult with the State Departments of Fish and Wildlife, Ecology, Natural Resources, and/or other local, state, federal, and/or tribal agencies or experts. 2. If the technical administrator finds the plan to be complete, accurate, and consistent with the purposes and intent of this chapter, the designated decision -maker shall solicit comment pursu- ant to the public notice provisions of Chapter 2.33 WCC prior to final approval/denial of permis- sion of the plan to substitute for the requirements and standards of this chapter. 3. The designated decision -maker shall not approve watershed -based management plans that con- flict with Chapter 90.82 RCW. 16.16.263 Mitigation Banking. 25 A. The County may approve mitigation banking as a form of compensatory mitigation for wetland and 26 habitat conservation area impacts when the provisions of this chapter require mitigation and when 27 it is clearly demonstrated that the use of a bank will provide equivalent or greater replacement of 28 critical area functions and values when compared to on -site mitigation; provided, that all of the fol- 29 lowing criteria are met: 30 1. Banks shall only be used when they provide significant ecological benefits including long-term 31 conservation of critical areas, important species, habitats and/or habitat linkages, and when 32 they are consistent with the County Comprehensive Plan and create a viable alternative to the 33 piecemeal mitigation for individual project impacts to achieve ecosystem -based conservation 34 goals. 35 2. The bank shall be established in accordance with the Washington State Draft Mitigation Banking 36 Rule, Chapter 173-700 WAC or as revised, and Chapter 90.84 RCW and the federal mitigation 37 banking guidelines as outlined in the Federal Register, Volume 60, No. 228, November 28, 1995. 38 These guidelines establish the procedural and technical criteria that banks must meet to obtain 39 state and federal certification. 40 3. Preference shall be given to mitigation banks that implement restoration actions that have been 41 identified formally by an adopted shoreline restoration plan, watershed planning document 42 prepared and adopted pursuant to Chapter 90.82 RCW, a salmonid recovery plan or project that 43 has been identified on the Watershed Management Sal++K)o-Reciwwy Board Habitat Project List 44 or by the Washington State Department of Fish and Wildlife as essential for fish and wildlife 45 habitat enhancement. 46 B. Mitigation banks shall require a major project permit in accordance with Chapter 20.88 WCC and 47 shall be subject to a formal review process including public review as follows: e \exh a - chapter 16.16 - 2017-09-26 draft weth counciE edits (unprotected). docx24 359 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2F 1 1. The bank sponsor shall submit a bank prospectus for County review. The prospectus shall identi- 2 fy the conceptual plan for the mitigation bank, including: 3 a. The ecological goals and objectives of the bank; 4 b. The rationale for site selection, including a site map and legal description of the prospective 5 bank site; 6 c. A narrative demonstrating compliance with the Whatcom County comprehensive plan, as- 7 sociated development standards and this chapter, shoreline restoration plan, watershed 8 planning documents prepared and adopted pursuant to Chapter 90.82 RCW, and/or the 9 salmonid recovery plan; 10 d. A description of the existing site conditions and expected changes in site conditions as a re- 11 suit of the banking activity, including changes on neighboring lands; 12 e. A conceptual site design; 13 f. A description of the proposed protective mechanism such as a conservation easement; and 14 g. Demonstration of adequate financial resources to plan, implement, maintain, and adminis- 15 ter the project. 16 2. The technical administrator shall review the bank prospectus either by participating in the 17 state's Mitigation Bank Review Team (MBRT) process and/or by hiring independent, third -party 18 expertise to assist in the review. 19 3. If the technical administrator determines that the bank prospectus is complete, technically accu- 20 rate, and consistent with the purpose and intent of this chapter, s/he/-&� shall forward the pro- 21 spectus to the County Council for initial review. If the proposed bank involves conversion of ag- 22 ricultural land to nonagricultural uses, the County Council shall seek an initial recommendation 23 from the Agricultural Advisory Committee as to whether the conversion small should be allowed. 24 The Committee's recommendation shall be nonbinding. The County Council may require mitiga- 25 tion for the loss of agricultural lands. 26 4. If the County Council determines, based on the initial review, that the prospectus is valid, it shall 27 issue a notice to proceed to the bank sponsor. Following receipt of the notice to proceed, the 28 bank sponsor may submit application for a major project permit in accordance with Chapter 29 20.88 WCC. The notice to proceed shall not be construed as final approval of the bank proposal, 30 but shall indicate approval to proceed with the development of the mitigation bank instrument, 31 which details all of the legal requirements for the bank. 32 5. Upon receipt of a draft mitigation banking instrument from the bank sponsor and major project 33 permit application, the technical administrator shall review the banking instrument and major 34 project permit in consultation with the MBRT and/or other third -party expert. Following review 35 of the mitigation banking instrument and major project permit, the technical administrator shall 36 make a recommendation to certify and approve, conditionally certify and approve, or deny the 37 bank proposal and major project permit in accordance with the procedures of Chapter 20.88 38 WCC. 39 6. Following receipt of the recommendation, the County Council shall proceed with review in ac- 40 cordance with the procedures outlined in Chapter 20.88 WCC. The G9Unty ,.^,,RGil shall noel, a fi 41 m kWJ- Ommj#ee4f-t#ie-pmp[as4J4AV r1VF�1Ve;-- 42 seen of agFicult, Fal land 43 7. The bank sponsor shall be responsible for the cost of any third -party review. 44 C. The award of bank credits for an approved bank may be negotiated based on habitat acreage, habi- 45 tat quality, and contribution to a regional conservation strategy that has been approved by the 46 County and other appropriate regulatory agency(ies). Credit availability may vary in accordance with 47 agreed upon performance criteria for the development of the resource value in question. Awarded 48 bank credits, subject to the approval of the County and regulatory agency(s), may be made transfer- e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx25 360 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2E 1 able. Whether out -of -kind mitigation credit will be allowed at a particular bank will require a fact- 2 specific inquiry on a case -by -case basis for the project creating the impacts. 3 D. Use of Bank Credits 4 1. Credits from a wetland mitigation bank may be approved for use as compensation for unavoida- 5 ble impacts to wetlands when: 6 a. The bank is certified under state rules; 7 b. The Administrator determines that the wetland mitigation bank provides appropriate com- 8 pensation for the authorized impacts; and 9 c. The proposed use of credits is consistent with the terms and conditions of the certified bank 10 instrument. 11 2. Replacement ratios for projects using bank credits shall be consistent with replacement ratios 12 specified in the certified bank instrument. 13 3. Credits from a certified wetland mitigation bank may be used to compensate for impacts located 14 within the service area specified in the certified bank instrument. In some cases, the service area 15 of the bank may include portions of more than one adjacent drainage basin for specific wetland 16 functions. 17 16.16.264 In -Lieu Fees. 18 To aid in the implementation of off -site mitigation, the County may develop an in -lieu fee program. This 19 program shall be developed and approved through a public process and be consistent with federal rules, 20 state policy on in -lieu fee mitigation, and state water quality regulations. An approved in -lieu -fee pro- 21 gram sells compensatory mitigation credits to permittees whose obligation to provide compensatory 22 mitigation is then transferred to the in -lieu program sponsor, a governmental or non-profit natural re- 23 source management entity. Credits from an approved in -lieu -fee program may be used when para- 24 graphs 1-6 below apply: 25 1. The approval authority determines that it would provide environmentally appropriate compen- 26 sation for the proposed impacts. 27 2. The mitigation will occur on a site identified using the site selection and prioritization process in 28 the approved in -lieu -fee program instrument. 29 3. The proposed use of credits is consistent with the terms and conditions of the approved in-lieu- 30 fee program instrument. 31 4. Land acquisition and initial physical and biological improvements of the mitigation site must be 32 completed within three years of the credit sale. 33 5. Projects using in -lieu -fee credits shall have debits associated with the proposed impacts calcu- 34 lated by the applicant's qualified wetland scientist using the method consistent with the credit 35 assessment method specified in the approved instrument for the in -lieu -fee program. 36 6. Credits from an approved in -lieu -fee program may be used to compensate for impacts located 37 within the service area specified in the approved in -lieu -fee instrument. 38 16.16.265 Critical Areas Protective Measures. 39 When an impact to critical area or a buffer har, heenwill occur due to a proposed development, a stand- 40 and buffer width has been altered, or mitigation is required, one or more of the following protective 41 measure shall be applied: 42 A. Deterrent DevicesSignage. The technical administrator, as a condition of permit approval, may re- 43 quire that the outer boundary of a wetland or habitat conservation area Grit*Gal area and its e-r-buff- 44 er, a mitigation site, a designated open space, or a conservation easement be identified with signs, 45 or -markers, and/or fencing wiaen-needed-to minimize potentially harmful intrusions from adjacent 46 land uses, to alert citizens to a potential public health or safety risk associated with a critical area, or e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx26 361 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 to accomplish other objectives specifically provided for elsewhere in this chapter. The technical ad- 2 ministrator shall provide specifications on the type, content, and size of the signs prior to permit ap- 3 proval. The signs shall be posted near primary access points and approximately every 200 feet along 4 the critical area boundary unless the technical administrator determines that more or less frequent 5 spacing is adequate considering the size and location of the site{see-alse Appe-R&r4-Gf-t i -e4a f- �I 7 B. Notice on Title. The owner of any property containing any critical area or buffer for which a devel- 8 opment permit is about to be issued shall record a notice with the County Auditor real estate rec- 9 I ords, in a format approved by the technical administrator, and provide a copy of the filed notice to 10 the Planning and Development Services Department at the time the permit is issued. The notice 11 shall state advise of the general presence of t ie-a critical area or buffer on the property, and the 12 4ic4-that limitations on actions in or affecting the critical area or buffer exist. The notice shall pro- 13 vide that restrictions on uses within the critical area exist until such time as the technical administra- 14 for approves a change in restriction and such approval is filed. This notice on title shall not be re- 15 quired for a development proposal by a public agency or public or private utility within a right-of- 16 way or easement for which they do not have fee -simple title. This requirement may be waived by 17 the Technical Administrator for certain geologically hazardous areas if s/he finds that the risk is so 18 low as to not warrant notification (e.g., old alluvial deposits). 19 C. Tracts and Easements. Prior to final approval of any development permitsilbeiivisionF,.. short 5"444i- 20 sir, s—, ^.�b;.;cl+ sit�lar, :, the part of the critical area and required buffer that is located on the site 21 shall be protected using one of the following mechanisms: 22 1. Placed in a separate tract or tracts owned in common by all lots within a subdivision, short sub- 23 1 division, or binding site plan; 24 2. Covered by a protective easement, or public or private land trust dedication; or 25 3. Preserved through an appropriate permanent protective mechanism that provides the same 26 level of permanent protection as designation of a separate tract or tracts as determined by the 27 County Technical Administrator or Hearing Examiner. 28 D. Building Setback. The County shall require buildings and other structures to be set back a minimum 29 distance of 10 feet from the edge of geological hazard setback, a critical area buffer, or from the crit- 30 ical area where no buffer is required. The following uses are allowed in the building setback: 31 1. Landscaping; 32 2. Uncovered decks; 33 3. Building overhangs less4ha-n-18 inches or less; 34 4. Impervious surfaces such as driveways, parking lots, roads, and patios; provided, that such sur- 35 faces conform to the applicable water quality standards and that construction equipment does 36 not enter or damage the buffer or critical area; 37 38 39 40 41 42 43 44 45 5. Clearing and grading; 6. Wells. E. Indemnification. At the technical administrator's discretion, when a permit is granted for develop- ment or use within a geologic, flood, or other hazard area, the property owner shall sign an indemni- fication agreement acknowledging hazards posed to the development and absolving the County of all responsibility, to be recorded against the property prior to permit issuance. €.F. Temporary protection measures to identify location of critical areas and buffers such as construc- tion fencing, erosion and sediment control, or similar shall be required during construction of the proposed project. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx27 362 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 16.16.270 Reasonable Use Exceptions and- %sarian 2 A. Permit applicants for a property so encumbered by critical areas and/or buffers that application of 3 this chapter —including buffer averaging, buffer reduction, or other mechanism —would deny all 4 reasonable use seek ap- 5 proval pursuant to the reasonable use 9F va, ianGe standards and procedures provided ' in this sec- 6 tion. 7 B. Reasonable Use Standards. 8 1. Nothing in this chapter is intended to preclude all reasonable economic use of property. If the 9 application of this chapter would deny all reasonable economic use of the subject property, in- 10 cluding agricultural use, use or development shall be allowed if it is consistent with the zoning 11 code and the purposes of this chapter. 12 2. To qualify as a reasonable use, the technical administrator or hearing examiner, as appropriate, 13 must find that the proposal is consistent with all of the following criteria: 14 a. There is no portion of the site where the provisions of this chapter allow reasonable eco- 15 nomic use, including agricultural use or continuation of legal nonconforming uses; 16 b. There is no feasible alternative to the proposed activities that will provide reasonable eco- 17 nomic use with less adverse impact on critical areas and/or buffers. Feasible alternatives 18 may include, but are not limited to, locating the activity on a contiguous parcel that has 19 "' been under the ownership or control of the applicant since September 30, 2005*"^ ^fdc 20 date-oftAP--Gr-da Pee codified i *"`� �,�t� , change in use, reduction in size , change in 21 timing of activity, and/or revision of project design; 22 c. Activities will be located as far as possible from critical areas and the project employs all 23 reasonable methods to avoid adverse effects on critical area functions and values, including 24 maintaining existing vegetation, topography, and hydrology. Where both critical areas and 25 buffer areas are located on a parcel, buffer areas shall be disturbed in preference to the crit- 26 ical area; 27 d. The proposed activities will not result in adverse effects on endangered or threatened spe- 28 ties as listed by the federal government or the state of Washington, or be inconsistent with 29 an adopted recovery plan; 30 e. Measures shall be taken to ensure the proposed activities will not cause degradation of 31 groundwater or surface water quality, or adversely affect drinking water supply; 32 f. The proposed activities comply with all state, local and federal laws, including those related 33 to erosion and sediment control, pollution control, floodplain restrictions, and on -site 34 wastewater disposal; 35 g. The proposed activities will not cause T" %vill he ^^ damage to 36 va-teother picepeFty-properties; 37 g:h. The proposed activities will not increase risky eat to the health or safety of people 38 on or off the site; 39 The inability to derive reasonable economic use of the property is not the result of segregat- 40 ing or dividing the property and/or creating the condition of lack of use after *"rrTc effeGtive 41 dAte-e#4ieefdirnanGe cedif ed i^ +"4,�,- September 30, 2005; a+W 42 j. The project includes mitigation for unavoidable critical area and buffer impacts in accord- 43 ante with the mitigation requirements of this chapter;.. 44 k. For single-family residences, the maximum impact area shAmay be no larger than 45 2—,5004,000 square feet. This impact area shall include the residential structure as well as 46 appurtenant development that are necessarily connected to the use and enjoyment of a 47 single-family residence. These appurtenant developments include garages, decks, drive- e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx28 363 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ways, parking, utilities (exel -sive ^{an on -site septic systems), and all lawn and non-native 2 landscaping, with the following exceptions: 3 i. On lots outside of the shoreline jurisdiction, when an extended driveway is necessary to 4 access a portion of a development site with the least impact on critical area and/or 5 buffers, those portions of the driveway shall be excluded from the25004,000 square 6 foot maximum impact area provided that the access road meets the standards of WCC 7 16.16.620(E) or 16.16.720(C), as applicable. 8 �.ii. On lots within the shoreline jurisdiction, when an extended driveway is necessary to ac- 9 cess a portion of a development site with the least impact on critical area and/or buff- 10 ers, approval of those driveway portions shall be sought through a Shoreline Variance 11 (WCC 23.60.030) and demonstrate that the size and location of the driveway is the min- 12 imum relief necessary to access the development site. 13 15 16 17 1 F p*e appligable to the 18 19 20 1-ifr...,.a i4q Wr-r Tot, . 79. 21 2-- 22 23 3 24 25 26 eraofloir�iealjy Viable 27 4- — pr €# 28 ae Reasonable Use andVarianrGe Procedures. 29 1. Procedural requirements for vari-a^^^S -and-reasonable use perfaEtexception applications shall 30 be as follows: 31 a. VaFiaRGe and Reasonable use exception permit applications shall be subject to an open 32 record public hearing; exceptpreuided, that reasonable use exception iaer-m+-applications 33 for single-family residential building permits, Pre u be 40C-Aed outside Of ^^efagi- 34 Gaily hazardausareas or for other development proposals that would affect critical area 35 buffers, but not the critical areas themselves, shall be processed administratively by the 36 technical administrator. 37 b. VaF*ance5 any Reasonable use exceptionperFn it applications that require an open record 38 hearing shall be processed in accordance with Chapter 2.33 WCC and WCC 20.84.230. 39 c. Reasonable use exceptionpeFmit applications that are subject to administrative approval by 40 the technical administrator shall be processed in accordance with WCC 20.84.235. 41 d. The hearing examiner or technical administrator shall have the authority to set an expiration 42 date for any or all vaFianee nd 9-r reasonable use approvals. The development proposal 43 must be completed before the approval expires. 44 e. Any person aggrieved by the granting, denying, or rescinding of a reasonable use exception- 45 peFmit by the technical administrator or Aany party of record may appeal the Technical Ad- 46 ministrator's pursuant to WCC 16.16.280 or the hearing examiner decision pursuant to 47 Chapter 20.92 WCC. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx29 364 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 f:-Ar4y-per-sar+-agg-Fie t! ant i n g, d eAyiAg, ., F Fesein, ng4,a 4r sefhible -isP y 2 tiie te.chnisoak ._ . FA the h@ Fi Rg PKA FA i A . nUrc Ida P t tOWCC 3 4 �f. Any application for a Treasonable use exceptionpermit or approval which remains 5 inactive for a period of 180 days shall expire and a new application and repayment of fees 6 shall be required to reactivate the proposal; provided, that the technical administrator may 7 grant a single 90-day extension for good cause. Delays such as those caused by public notice 8 requirements, environmental (SEPA) review, litigation directly related to the proposal, or 9 changes in government regulations shall not be considered as part of the inactive period. 10 2. All ice - reasonable use exceptiongermit applications or other approvals shall be subject 11 to the provisions of this chapter, which are in effect at the time of application. 12 3. Each application for a v=aFia„ee reasonable use exceptionpeFPAit shall be accompanied by a fee as 13 stated in the unified fee schedule. 14 4. In making reasonable use decisions, the technical administrator and OF "^alFi^^ ex 15 I amffi;eF shall have the authority to have the authority to require submittal of technical reports in 16 accordance with WCC 16.16.255 and/or 16.16.260(B). 17 I 16.16.273 Variances. 18 A. Where strict application of requirements of this chapter renders compliance with these provisions 19 an undue hardship , permit 20 applicants may seek a variance pursuant to the variance standards and procedures provided in this 21 section. 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 A:B. i n ,. Jbghearing eKaMjner_ma grant a var- iance from the dimensional requirem n in thi5chapter.when the applicant prDye$ by clear, coeen , r��onv_iaOp&gyjr ence of all of the fo I�r wing.e.lements: 1. Because of s.pecial circum5tAygs_a.ppli.Ca,.b.le t❑ the ssu�ect DrQpe_rty, .iiI�l.udine. but not iim_ited ,shape, topograp iocatian, surroundings. and other physical conditions, the tLQP_pLthis chaoter nreclu¢es development of the.,pcope_rty _by the property owner as otherwise l�iY.d_ n,.WCC Title 2 2. The, g ra n t i n g of t he va rian _will nQla,_e_jnjur.i.Q.to-the health or safely of the community and e m-Lu5onabie effar has �eF en-ruad-e-Lo..minimixe adverse effects on critical areas: an, 3. The variance does not cosiia grant of special privilege, and is not based upon reasons of band blp caused by nreviws aaj_orts-of the current arogerty owner after July 18, 1992, and the prUosed mg4fffiati9ri Ji rit A area will be the minimum necessary, to allow reasauble nan economimli wattle use of the • a - 4. The oroiect�tclttr��s mitieation for unavoidable critics! arse aid buffer im 5. No other feasible alternative exists. C. Variance Procedures. Procedural requirements for variances applications shall be as follows: a. Variance applications shall be subject to an open record public hearing, processed in ac- cordance with Chapter 2.33 WCC and WCC 20.84.230. b. The hearing examiner shall have the authority to set an expiration date for any or all vari- ance approvals. The development proposal must be completed before the approval expires The hearing examiner will render a decision pursuant to Chapter 20.92, WCC. c. Any party of record may appeal the hearing examiner decision pursuant to Chapter 20.92 WCC. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx30 Ove WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 d. Any application for a variance that remains inactive for a period of 180 days shall expire and 2 a new application and repayment of fees shall be required to reactivate the proposal; pro- 3 vided, that the technical administrator may grant a single 90-day extension for good cause. 4 Delays such as those caused by public notice requirements, environmental (SEPA) review, 5 litigation directly related to the proposal, or changes in government regulations shall not be 6 considered as part of the inactive period. 7 2. All variance applications shall be subject to the provisions of this chapter that are in effect at the 8 time of application. 9 3. Each application for a variance shall be accompanied by a fee as stated in the unified fee sched- 10 ule. 11 4. In making variance decisions, the hearing examiner shall require submittal of technical reports in 12 accordance with WCC 16.16.255 and/or 16.16.260(B). 13 16.16.275 Nonconforming uses/buildings. 14 The following provisions shall apply to legally existing uses and/or buildings and/or structures that do 15 not meet the specific standards of this chapter: 16 A. The lawful use of any legal nonconforming building, structure, land, or premises existing on Septem 17 ber 30, 2005t#he 4fs -ti— dP of the as iAn or-amer ElFReRt Of+�„� . c,ti.,+�, or authorized under a 18 permit or approval issued, or otherwise vested, prior to that efFe, Vve date of the adeptio 19 amEn. merit of this ch.,. teF date may be continued, subject to the provisions for a nonconforming 20 structure in Chapter 20.83 WCC; provided, that agricultural activities shall conform to el 21 , 6.'� 2 Article 98 (Conservation Program on Agriculture Lands). If a nonagricultural nonconform- 22 ing use is intentionally abandoned for a period of's5 years or more, then any future use of 23 the nonconforming building, land, or premises shall be consistent with the provisions of this chap- 24 ter. 25 B. Expansion, alteration, and/or intensification of a nonconforming use is prohibited.; 26 9-.C. Expansion, alteration, and/or intensification of a legal nonconforming building, or structure; (ex- 27 including normal maintenance and repair), is kited allowed unless4 such use will produce im- 28 pacts that degrade the critical area, including but not limited to vegetation clearing; additional im- 29 pervious surfaces; generation of surface water runoff; discharge, or risk of discharge of pollutants; 30 increased noise, light or glare, or increased risk associated with geologically hazardous areas. 31 QD. Nonconforming structures that are completely destroyed by fire, explosion, flood, or other cas- 32 ualty may be restored or replaced in kind if there is no alternative that allows for compliance with 33 the standards of this chapter; provided, that the following are w,^+: 34 1. The reconstruction process is commenced within 9 mA t"-;5 years of the date of such damage; 35 and 36 2. The reconstruction does not expand, enlarge, or otherwise increase the nonconformity, except 37 as provided for in subsection 4-C of this section. 38 D-.E.Nonconforming uses in shoreline areas shall be governed by the shoreline management provisions 39 of the WCC Title 23. 40 1F. When a development permit is sought for a parcel containing a nonconforming building or structure 41 that has been intentionally abandoned for a period of12 r,5 years or more, the technical ad- 42 ministrator may require removal of the nonconforming building and restoration of the critical area 43 or buffer in accordance with this chapter as a condition of permit approval. 44 16.16.280 Appeals. 45 A. Final permit decisions made by the technical administrator shall be subject to appeal in accordance 46 with the procedures of Chapter 2.33 WCC and WCC Title 20; provided, that the applicant may re- e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected). docx31 366 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 quest administrative review by the director of planning and development services prior to initiating 2 a formal appeal process. Decisions of conditions applied to specific permits shall be subject to the 3 appeal provisions for that permit. A request for administrative review shall stay the time within 4 which one must file an appeal until a decision on the review is issued. 5 B. Any person may appeal to the hearing examiner a final administrative order, final requirement, final 6 permit decision, or final determination made; provided, that such appeal shall be filed in accordance 7 with the appeal procedure for the underlying permit. If there is no appealable permit or if the ap- 8 peal is for a reasonable use permit decision issued by the technical administrator, the appeal shall 9 be filed in writing within 14 calendar days of the date the written decision, order, requirement, or 10 determination is issued and public notice provided, unless the decision is issued as part of a SEPA 11 determination of nonsignificance for which a public comment period is required, in which case a 21- 12 day appeal period shall be provided. 13 C. The appeal will be upheld if the applicant proves that the decision appealed is clearly erroneous or 14 based upon error of law. 15 D. The hearing examiner shall have the authority to set an expiration date for any or all appeal approv- 16 als. The hearing examiner will render a decision pursuant to Chapter 20,92 WCC. 17 E. Each application for an appeal of an administrative decision to the hearing examiner shall be ac- 18 companied by a fee as stated in the unified fee schedule. 19 F. Pursuant to WCC 20.92.610, the applicant, any party of record, or any County department may ap- 20 peal any final decision of the hearing examiner to the County Council. The appellant shall file a writ- 21 ten notice of appeal at the County Council office within 10 business days of the final decision of the 22 Hearing Examiner. 23 G. Any issue not raised by the time of appealin the original appeal filing to ^^"i^" ^ is thereafter 24 waived. 25 16.16.285 Penalties and Enforcement. 26 A. Any person who violates any of the provisions of this chapter shall be guilty liable for a civil of- 27 fense and may be fined a sum not to exceed $1,000 for each offense. After a notice of violation has 28 been given, each day of site work in conjunction with the notice of violation shall constitute a sepa- 29 rate offense. 30 1. The penalty provided in subsection A of this section shall be assessed and may be imposed by a 31 notice in writing either by certified mail with return receipt requested or by personal service to 32 the person incurring the same. The notice shall include the amount of the penalty imposed and 33 shall describe the violation with reasonable particularity. In appropriate cases, corrective action 34 shall be taken within a specific and reasonable time. 35 2. Within 30 business eaFdays after the notice is received, the person incurring the penalty 36 may apply in writing to the County for remission or mitigation of such penalty. Upon receipt of 37 the application, the County may remit or mitigate the penalty upon whatever terms the County 38 in its discretion deems proper. The County's final decision on mitigation or revision shall be re- 39 viewed by the hearing examiner if the aggrieved party files a written appeal therewith of said 40 decision within 10 business ^-,endarTdays of its issuance. 41 B. If work activity has occurred on a site in violation of this chapter, prompt corrective action, restora- 42 tion, or mitigation of the site will be required when appropriate. If this provision is not complied 43 with, the County may restore or mitigate the site and charge the responsible personproperty owner 44 for the full cost of such an activity. Additionally, any and all permits or approvals issued by the Coun- 45 ty may be denied for that site for a period of up to six years. 46 C. In the event any person violates any of the provisions of this chapter, the County may issue a correc- 47 tion notice to be delivered to the owner or operator, or to be conspicuously posted at the site. In a e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx32 367 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2E 1 nonemergency situation, such notice may include notice of the intent to issue a stop work order no 2 less than 10 business calenddays following the receipt of the correction notice, and provide for an 3 administrative predeprivation hearing within 10 business calendar days of the notice. In an emer- 4 gency situation where there is a significant threat to public safety or the environment, the County 5 may issue a stop work order. The stop work order shall include, in writing, the right to request an 6 administrative predeprivation hearing within 72 hours following receipt of the stop work order. Fail- 7 ure to comply with the order to stop work shall be a gross misdemeanor punishable upon conviction 8 by a minimum fine of $500 up to a maximum fine of $1,000 or one year in jail, or both. Under no cir- 9 cumstance may the court defer or suspend any portion of the minimum $500 fine for any conviction 10 under this section. Each day or part thereof of noncompliance with said order to stop work shall 11 constitute a separate offense. 12 D. The County may suspend or revoke a permit if the applicant violates the conditions or limitations set 13 forth in the permit or exceeds the scope of the work set forth in the permit. 14 E. The prosecuting attorney may enforce compliance with this chapter by such injunctive, declaratory, 15 or other actions as deemed necessary to ensure that violations are prevented, ceased, or abated. 16 F. Any person who, through an act of commission or omission, procures, aids, or abets in the violation 17 shall be considered to have committed a violation for the purposes of the civil penalty. 18 F-.G.After the Fact Permit Fee. After the fact application fees shall be double the amount established by 19 the Unified fee schedule. 20 1 16.449 290 Ganservat e" Lm dr (COAL) 21 16.16.295 Open Space and Conservation. 22 The following programs may be employed to achieve the purposes of this chapter and minimize the 23 burden to individual property owners from application of the provisions of this chapter: 24 A. Open Space. Any property owner whose property contains a critical area or buffer and who meets 25 the applicable qualifying criteria may apply for open space taxation assessment pursuant to Chapter 26 84.34 RCW. 27 B. Conservation Easement. Any person who owns an identified critical area or its associated buffer may 28 place a conservation easement over that portion of the property by naming the County or its quali- 29 fied designee under RCW 64.04.130 as beneficiary of the conservation. This conservation easement 30 may be in lieu of separate critical areas tracts that qualify for open space tax assessment described 31 in subsection A of this section. The purpose of the easement shall be to preserve, protect, maintain, 32 and limit use of the affected property. The terms of the conservation easement may include prohibi- 33 tions or restrictions on access and shall be approved by the property owner and the County. 34 C. Conservation Futures Fund. The County may consider using the conservation futures property tax 35 fund as authorized by RCW 84.34.230 for the acquisition of properties containing significant critical 36 areas and their associated buffers. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx33 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ARTICLE 3. GEOLOGICALLY HAZARDOUS AREAS 2 16.16.300 Purpose. 3 1 The purposes of this Article a-Feis to: Fninimize reduce risks to public health human life and safety and 4 reduce the risk of piceperty damage to geologieagy,j�,�,aFdqu 5 areas to structures and property from geologic hazards, to allow for natural geologic processes support- 6 ive of forming and maintaining fish and wildlife habitat, and to regulate and inform land use and plan- 7 ning decisions. It is recognized that the elimination of all risk from geologic hazards is not feasible to 8 achieve but the purpose of this Article is to reduce the risk to acceptable levels. 9 .4m �AiniiZe ricks to public}.. �.. J re.1 the risk Of . ..se.t.e .dar., _ag. �� n .l �- 10 vela a eAOasljae� og4e-e�egieally haAafd@US a - . "� 11 S. Regulate land use so asavaidr.RStFu.-tir.p of flood .- RWIll ..IeViFeS OF ..har.A4� 12 l•ieati a,l1.y4 n&-a nd a I IAw fe r na; uraI lPlydraI.-. 13 wetla G. P rntart are ua}'r r r a nd fish a n d w ild life by avoidi ng OF Mi n 0 M izing i m parts that ea n 14 ras..l} from la;; sli.-les and e 15 D. Ma'Tt. RAP- ra se elogica 1. arc. recces wh 4le mote rti nn existing and new deyelo nme at 16 E.EstabliSh FeVieW r r. `-1 ;vF 4feveik�t r-opesals4n geol gieally L.aZaFE10615 areas. 17 16.16.310 Designation, Mapping, and Classification. 18 A. Designation. Lands determined to be landslide, seismic, alluvial fan, volcanic, erosion (including 19 channel migration zones), tsunami, seiche and landslide generated waves, or mine hazard areas, are 20 hereby designated as geologically hazardous areas. Geoiog+ca4y--hazardous areas aFe areas su Geo- 21 We te er-esion, landslides, a e ic ae-t+vit,m .� -� eiheF geolsgJC-al-Pr-GC-_e5se3 and 22 whieh pose - M-0-ficant risk to people and picapert„ lnw Fnpatible dDevelopment in these geologic 23 hazard areas can put human life, safety, health, and development at risk, alter geologic processes, 24 adversely affect natural resources, t".sate., p blie healt afety-,-and put the development and 25 surrounding developments and uses at risk. 26 B. Mapping. The approximate location and extent of known potential geologically hazardous areas are 27 shown on maps maintained by the County. These maps are useful as a guide for project applicants 28 and/or property owners, and County review of development proposals. However, they do not pro- 29 vide a conclusive or definitive indication of geologically hazardous area presence or extent. Potential 30 geologically hazardous areas may exist that do not appear on the maps, and some potential geologi- 31 tally hazardous areas that appear on the maps may not meet the geologically hazardous areas des- 32 ignation criteria. nar.1^.,:raft.,",,^.d.,.e. ,"^ n the rr..,ntserr r-naps. 33 County shall update the maps periodically as new hazard areas are ;;rlantifie"nd-as new infor- 34 mation becomes available and may require additional studies during the development review pro- 35 cess to supplement and/or confirm the mapping. This chapter does not imply that land outside 36 mapped geologically hazardous areas or uses permitted within such areas will be without risk. This 37 chapter shall not create liability on the part of Whatcom County or any officer or employee thereof 38 for any damages that result from reliance on this chapter or any administrative decision lawfully 39 made hereunder. 40 C. Classification. For purposes of this chapter, geologically hazardous areas shall include all of the fol- 41 lowing: 42 1. Landslide Hazard Areas. Landslide hazard areas shall include areas potentially susceptible to 43 landslides based on a combination of geologic, topographic, and hydrologic factors, as specified 44 below. They include any areas susceptible to mass movement due to any combination of bed- 45 rock, soil, slope (gradient), slope aspect, slope form (concave, convex, planar), geological struc- e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx34 369 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ture, surface and subsurface hydrology, or other physical factors. Landslide hazard areas shall 2 also include areas along which landslide material may be routed or which may be subject to 3 deposition of landslide delivered material. Potential landslide hazard areas include but are not 4 limited to the following areas: a5 shC�4i lam#t�therclassi#i�las #e�levvs: 5 a. Potential Landslide Hazard Areas. Potential landslide hazard areas exhibit one or more of 6 the following characteristics: 7 i. Areas designated as quaternary slumps, earth -flows, mudflows, or landslides on maps 8 published by the U.S. Geological Survey, Washington State Department of Natural Re- 9 sources, or other reputable sources.Slo+1pe-s-between 15 �35 pence tilat haves 10 re4tjv fy-pe*meaib le -gaol gic-�i�i-oye-V4-+g-a-relatively impermeable u ni b 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 sw44gc_nr nce..in'- n rl. A- ateF seefys; ii. Areas with all three (3) of the following characteristics: a. Slopes steeper than fifteen peree^t 415%); b. Hillsides intersecting geologic contacts with a relatively permeable sediment over- lying a relatively impermeable sediment or bedrock; and, a.c. Springs or groundwater seepage; iii. Areas that have shown movement and/or are underlain or covered by mass wastage debris-Afeas4hat-are at Fisk of m Finass ,= gam--)e-�G-seisnlic—f{,)rees; +�iv. Potentially unstable slopes resulting from fapidriver or stream i^, ii^n, ri„ OF Stream hank erosion or undercutting by wave erosionaetie. These i 4de-slopes exceediptg 10fe an4-wfti--me-re4hae 25 n nt n adient. flu^qhwwi, evi de+we-4-1`1 5& eFk-414J U Fe Of �5 a i}FEit f� Fl k1 fif3 ili F� ito.i iri-k-rotated-be .�l4ei-Grl.. :ti. rt }rt r^r that ex 1)ihit StFUEtUra dam.age-s_u-& as sett4 g-and-r-a 4Ei-M"f-b u i 1 dieg--fe61 R d atG A 5 i e4-area5 th4t- gave- Wi3k- pling rmoyernent v. Slopes having gradients steeper than eighty ner,.ent (80%) subject to rock fall during seismic shaking; +v:vi. Areas that show past sloughing or calving of off sediments or rocks resulting in a steep slope that is poorly vegetated, resulting in a verl;cel er steep blug faeeslope that is poorly with-4+ttle--arnovegetated+e-n; v-vii. Slopes that are parallel or sub -parallel to planes of weakness (which may include but not be limited to bedding planes, soft clay layers, joint systems, slse44-as�beddiog p sr je4it-syste+ns-rand fault planes) in subsurface materials; viii. Areas that show evidence of, or are at risk from snow avalanchesclopes having gFadi ents sty }ap g�}.,] ��bject to rock fall durinn r sh- LiT�TT�Snn. NN ; ix. Deep-seated landslide areas characterized by one or more of the following features: scalloped ridge crests at the top of the slope, crescent shaped depressions, head scarps, side scarps, ponds or sag areas on mid slopes, benches and scarps on mid slope areas, hummocky ground, linear fractures in the ground. These features may be evident in aerial images, topographic maps, LiDAR imagery or on the ground. x. Areas below unstable slopes areas that could be impacted by landslide run out;.. v+xi. Areas above or adjacent to unstable slopes that could be impacted if the landslide ar- ea expands;.- xii. clones ^ eedinn 35 n eFA Any area with a slope of f^rty ^ eRt 00%J or steeper and with a vertical relief of ten (10) or more feet except areas composed of compe- e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx35 370 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2E 1 tent bedrock or a properly engineered slopes designed and approved by a geotech- 2 nical engineer licensed in the state of Washington and experienced with the site; 3 4-xiii. Areas within which land use activities could affect the slope stabilityof 4 ,hazard aFea, including but not limited to areas with subsurface hydrologic flow, 5 groundwater recharge areas and surface water flow; er-, 6 v4i-xiv. Areas of historical landslide movement including coastal shoreline areas mapped by 7 the Department of Ecology Coastal Zone Atlas or the Department of Natural Re- 8 sources slope stability mapping as unstable ("U" or class 3), unstable old slides ("UOS" 9 or class 4), or unstable recent slides ("URS" or class 5). 10 h:— Active Landslide Hazard Areas. Active landslide hazard areas are areas that have l eefa-iden- 11 tified c Criterion: 12 e. "rear thatexhibit indicators noted in subsection (C)(1)(a) of this section that have been de- 13 termined through geological assessment to be presently failing or very likely to fail in the 14 near future. 15 b. 16 2. Seismic Hazard Areas. Whatcom County is located in a seismically active area that will be sub- 17 ject to ground motion during local and regional earthquakes. Seismic hazards and risk are par- 18 tially addressed in the International Building Code (IBC) or International Residential Code (IRC). 19 Additional seismic hazard areas forpthe purpose of this chapter include: Seism.ir- hazard areas 20 C [CE.� 371� C •j�LT� Ic /,', Y�'Elhi�h R s a resell of cd�cm���I ly i 21 ak di#fereiatial settle er C�s�'���n settlEi„ nt, lateal spreading, 22 w s 44g—,&w4&eefau1 OF504lint4on. 23 a. Areas designated as having a "high" and "moderate to high" risk of liquefaction susceptibil- 24 ity as mapped on the Liquefaction Susceptibility Map by the Washington State Department 25 of Natural Resources. 26 b. Areas that are identified as underlain by liquefiable soils and due to local topography are al- 27 so subject to or interpreted as being potentially impacted by lateral spreading. 28 Vic. Areas located within 500 feet of Quaternary fault zones with surface offsets. 29 3. Alluvial Fan Hazard Areas. Any area located at the base of a confined mountain channel and de- 30 termined to be susceptible to clear -water flooding, debris -laden flows and floods, and erosional 31 impacts shall be designated as an alluvial fan hazard area. Watershed hydrology, geology, slope 32 conditions, topography, current and historic land uses, roads and road drainage, valley bottom 33 conditions, and channel conditions upstream of an alluvial fan area are all fundamental to po- 34 tential hazards and risks on alluvial fans. Alluvial fan hazard areas shall include those areas on al- 35 luvial fans potentially impacted by: 36 a. Sediment laden flows (e.g., where debris flows, and debris floods); 37 b. Clear water floods; 38 C. hv'vc trr� potent IYIo, tosigrii -rtT� - _e of arm the health or we fare of t�ounmumi-ry- 39 They-i-E; e the -Stream 40 channel changes, (including channel avulsion, incision, aggradation or lateral erosion and 41 migratio n);^^';,;end hetirisepc�sitior�or- clebris-flew pat�as�{etewi�tk�y 42 apaly-5i5- w she44pff Y and slope , r r! �andc#ala- 43 neteonditions, PeterRtial-fer �haerlel ehar�ge aael s{rfa�e�e-�odogy, 44 e.d. Erosion. 45 4. Volcanic Hazard Areas. Vokagic-ha-zardareaTassa£ aced w�i -Murat Balms stial�irle xle areas 46 �aIly s j rnl Tle�v p rec€astie ,"^ -€laws ha s delis f aya;anr=he l hlas�t 47 ews-der3r� , � s#a-�-te�l�r�-}-cletsd s-er� sli--(-ra��; lat;bal€ist+e-debris,--ar 48 fl$Bd4-.rnrU1i=Ofl1-d$I£-a4*-aGti 4V. Laharsr m,. +ivr r�v'nn c�orrn_a3rzrr�v-rc e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx36 371 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 cur Withe t-A leariic-aO44- Volcanic hazard areas are those areas that have been affected, or 2 have the potential to be affected, by pyroclastic flows, pyroclastic surges, lava flows, or ballistic 3 projectiles, ash and tephra fall, volcanic gases, and volcanic landslides. Also included are areas 4 that have been or have the potential to be affected by Case M, Case I, or Case II lahars, or by 5 debris flows or sediment -laden events originating from the volcano or its associated deposits. In 6 addition, volcanic hazards include secondary effects such as sedimentation and flooding due to 7 the loss of flood conveyance as a result of river channel and flood plain aggradation. The impli- 8 cations of secondary effects may be observed at some distance from the initiating event, and 9 may continue to impact affected drainages over many decades following the initiating event. 10 Secondary effects may significantly alter existing stream and river channels, associated channel 11 migration zones and floodplains due to stream and river bed aggradation and channel avulsion. 12 Volcanic hazards include areas that have not been affected recently, but could be affected by fu- 13 ture events. Volcanic hazard areas are classified into the following categories: 14 a. Pyroclastic Flow Hazards Areas. Areas that could be affected by pyroclastic flows, pyroclas- 15 tic surges, lava flows, and ballistic projectiles in future eruptions. During any single eruption 16 some drainages may be unaffected by any of these phenomena, while other drainages are 17 affected by some or all phenomena. Recurrence interval is not known. 18 b. Ash/Tephra fall Hazard Areas. The location of ash/tephra fall hazards at Mt. Baker is pre- 19 dominantly controlled by the prevailing, westerly winds observed on the west coast of 20 North America. However, easterly winds do occur in the region and direct ash/tephra fall 21 impacts to Whatcom County population centers are certainly a possibility. Health hazards, 22 power outages, negative impacts to machinery and aircraft, structural damage (e.g. roof col- 23 lapse) and extensive disruption of daily activities are all potential hazards. 24 c. Lateral Blast Hazard Areas. Lateral blast hazards result from low -angle, explosive volcanic 25 eruptions that emanate from the flank of a volcano. The occurrence of a lateral blast is 26 largely unpredictable, both with respect to timing and direction, and does not appear to be 27 a common feature of eruptive activity at Mt. Baker, or at other volcanoes globally. Extensive 28 destruction is likely within the lateral blast zone, and mitigation is generally considered 29 unachievable. 30 d. Volcanic Landslide Hazard Areas. Landslides are common on volcanoes due to their relative 31 height, steepness, and weakness in both the underlying bedrock and the volcanic deposits 32 due to magma movement and chemical weathering. Landslides size is highly variable de- 33 pending on site conditions and type, but may achieve high velocity and momentum which 34 can carry a landslide across valleys and ridgelines. Given the range of possible landslide 35 types and sizes, specific hazards, risk zones and recurrence interval have not been delineat- 36 ed at Mount Baker. Volcanic landslide hazards are associated with lahar hazards as they 37 pose the potential to generate small to large-scale cohesive lahars. 38 e. Lahar Hazard Areas. 39 i. Case M Lahar Hazard Areas. Areas that could be affected by cohesive lahars that origi- 40 nate as enormous avalanches of weak, chemically -altered rock from the volcano. Case 41 M lahars can occur with or without eruptive activity. A single, post -glacial, Case M Lahar 42 deposit is known to have traveled down the Middle Fork Nooksack River, and is postu- 43 lated to have continued down the main stem of the Nooksack River, eventually reaching 44 Bellingham Bay and to have also flowed north to Canada along the pre -historic path of 45 the Nooksack River. Case M Lahars are thus interpreted to pose a threat to the Sumas 46 River drainage due to the potential for bed aggradation and channel avulsion to overtop 47 the low-lying drainage divide that exists between the Nooksack and Sumas River drain- 48 ages. Case M Lahars are considered high consequence, low -probability events. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx37 372 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ii. Case I Lahar Hazard Areas. Areas that could be affected by relatively large non -cohesive lahars, which most commonly are caused by the melting of snow and glacier ice by 3 magmatic activity and associated processes, but which can also have a non -eruptive 4 origin. The average recurrence interval for Case I Lahars, based on deposits identified 5 along the flanks of Mount Baker, is postulated to be 500 years, or greater. However, re- 6 newed magmatic activity at Mount Baker would be indicative of greatly increased po- 7 tential for Case I Lahar generation; this may reduce the recurrence interval to approxi- 8 mate that of Case II Lahars. 9 iii. Case II Lahar Hazard Areas. Areas that could be affected by moderately large debris ava- 10 lanches or small cohesive lahars, or other types of debris flow, generated on the east 11 flank of Mount Baker at Sherman Crater or the upper Avalanche Gorge. Case 11 Lahars 12 impact the Baker Laker basin and drainage, and are considered correlative to Case I La- 13 hars that may impact the primary drainages on the west and north of Mount Baker, but 14 with increased frequency and comparable volume. The postulated recurrence interval 15 for Case 11 Lahars at Mount Baker is less than 100 years. 16 Erosion Hazard Areas. Erosion hazard areas shall include: 17 a. Channel migration zones, also known as riverine erosion areas, are defined as the areas 18 along a river or stream within which the channel(s) can be reasonably predicted to migrate 19 over time. This is a result of natural and normally occurring geomorphic, hydrological, and 20 related processes when considered with the characteristics of the river or stream and its 21 surroundings, and in consideration of river and stream management plans. Channel migra- 22 tion hazard areas shall include: potential channel migration, channel avulsion, bank erosion, 23 and stability of slopes along the river or stream; Surfaee ems -areas, rhk4�-�pes 24 soils ed-by4he`Natu-Fal-Reseu Fees Go eP4 a c—e 25 as ha "severe" OF e severe" rill r a ', r�ii ei sl -I�a axis e€nt tirel n�nz�'rrcrR- 26 (iaraC ista£s ice£ll .J' ,r,+... r 5_lii teXt Fe SlOpe adient a r , �n •• '"A'.Je�vm«.� , , " , ' '•FF?ft`FI1-pau-efns; 27 ef--hWP`la.l_in.a� on r� pp� rt•irr R ``-- �3-r+att�aa--eha-ra-C-teF:�-:�,� 28 b. Coastal apd-Ovefiee erosion areas that-, A4 eh are subject to irr+p,aet-s-frerrl-IateFai e+G4G^ re- 29 lamed to ive�ha-nAel migf--t+en-arid-shoreline retreat from wind, 30 wave, and tidal erosion. Th+si"dthe ck>aRne�-migr-atie„-zene (CAA-Z-)-a-r,44ht;Gi pate 31 51apoi�es apd4ara"- 4r fir resulting 49siop .,4-er sio - 4 r #her 32 feat-ures-4 r nticate surface v� +e fo 'rJ r7 tx,"r ter ra�+snn,snnrs*�irn itenes apply 33 onlmrry-to tha`�e Wc} eKEe„rcrr` �.r�`reFo rlo! �i3nd C AA7 �f„�I; ,� his oo w eempieted.-Areas-that 34 a;e idefvtified-as poten sound 3eien#i-f c evideRce but 35 ,.,I I {..rther-stud...,., _ . "- desig�a�ed--by-the County reu a'�t_r+ ha- 36 Rel-�rr�ier+;tones uniil-sucly- -aFc-c-e�e-A.4I a4 CMZr, may -be reguated a5 37 erosion hazard areas as new--i-AfG ti$n4aeceRies-available, acc pted-an4-adopte443y 39 5. Tsunami and Reiche Hazard Areas. Tsunami and she hazard areas " include coastal areas 40 _and- lake sh.0-Feline areas susceptible to flooding, inundation, debris impact, and/or mass wasting 41 as the result of a tsunamnerated by seismic events. 42 -3-.6.Seiche and Landslide Generated Wave Hazard Areas. Seiche and landslide generated wave haz- 43 and areas include lake and marine shoreline areas susceptible to flooding, inundation, debris im- 44 pact, and/or mass wasting as the result of a Seiche or landslide generated waves. No known 45 Best Available Science is currently available to characterize potential seiche hazards in Whatcom 46 County. 47 4.7. Mine Hazard Areas. Mine hazard areas shall include those lands in proximity to abandoned teal 48 mines and associated underground mine workings where mine workings are less than 200 feet e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx38 373 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 below ground level. Mine workings include adits (mine entrances), gangways (haulage tunnels), 2 rooms and chutes (large voids), drifts (water level tunnels), pillars (ce4rock left for support) and 3 air shafts. Mine hazards include subsidence, which is the uneven downward movement of the 4 ground surface caused by underground workings caving in; sink holes; contamination of ground 5 and surface water from tailings and underground workings; concentrations of lethal or noxious 6 gases; and underground mine fires. 7 16.16.320 Geologically Hazardous Areas — General Standards. 8 T In addition to the applicable general protective measures found in WWC 16.16.265, the following re- 9 quirements shall apply to all activities in geologically hazardous areas: 10 A. Generally. Allowed New developments shall be located and/or engineered and{ar constructed to 11 reduce risks to life, health, a44d-safety, and buildings, and not increase potential for landslides or 12 erosion that could impact either other properties, public resources, or other critical areas. The 13 County may impose conditions on development activity in a geologically hazardous area as needed 14 to: id-w earvipe-nsa+a fOr iMpaetsI areas 15 .`. U G h 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 F-1 C. W 1. Protect human life and safety; and 2. Minimize the potential for property damage related to seismic events, erosion and/or land- slides; 3. Minimize the need for stream or river bank or coastal bluff stabilization in the future; 4. Reduce public liabilities for damages associated with geologic hazards. 5. Protect slope stability and minimize erosion, seismic, and/or landslide hazard risks; 6. Maintain natural sediment and erosion processes that are integral to the health and sustainabil- ity of freshwater and marine ecosystems as well as minimizing impacts to stream, river, and coastal processes such as channel infill, channel migration, sediment transport, or flooding; Impact Avoidance. Impact avoidance measures shall include, but not be limited to, locating the use/development outside of the hazard area, reducing the number, size or scale of buildings, drive- ways and other features; altering the configuration or layout of the proposed development; imple- menting special engineering methods for construction, drainage, runoff management etc.; foregoing construction of accessory structures; preserving native vegetation; and other feasible protective measures as determined by an alternatives analysis. For some geologic hazards (except for lahar hazards) impact avoidance may mean no development will be permitted on a property. Location of Alterations. New development shall be directed toward portions of a parcel or parcels under contiguous ownership that are not subject to, or at risk from, geological hazards (except for lahar hazards) and/or are outside any setback or buffer established by this Chapter. Critical Facilities Prohibited. Critical facilities as defined in WCC 16.16.800 shall not be constructed or located in geologically hazardous areas if there is a feasible alternative location outside geologi- cally hazardous areas that would serve the intended service population. If allowed, the critical facili- ty shall be designed and operated to minimize the risk and danger to public health and safety to the maximum extent practicable. E. Review by Qualified Professional. A qualified PFGfessienal geologist or other qualified profession- alQeeteGhnicai engineer, licensed in the State of Washington, shall review prejeEts-development proposals that occur in potentially geologically hazardous areas to eA5Ure that they are nropedy de signed and .r..�'..'.�'r.� Fuc}teL yr E)Yid ed for in WCC 7 6 7 G 229 determine the potential risk. If develop- ment takes place within an identified geologically hazardous area requiring design or structural ele- ments to mitigateminimize the hazard, the des+gnmitigation shall be appreveddesigned by a quali- fied professional geeteehRiGal engineer licensed in the State of Washington with expertise in mitiga- tion of geological hazards. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx39 374 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 4 7 8 9 10 11 12 13 14 15 F. Life of Structure. Proposed development shall be sited far enough from erosion and landslide haz- ard areas to ensure at least one hundred (100) years of useful life for the proposed structure(s) or infrastructure. The location should be determined by a geologist or other qualified professionalq-kal- Ae4oeplogist or- elagi ++ag g g+st, licensed in the State of Washington and be should be based on site specific evaluation of the landslide and/or erosion hazard. G. Remodels and Additions. Any proposed remodel or addition to an existing permitted or non- conforming structure that exceeds a valuation of greater than 50% peFGent of the fair market value shall be required to ensure that the entire structure is improved in accordance with all Article 3 re- quirements. A- AlteF3-tionssl3t7lkbe-ffica tv^Wc�FE �}F3i FE NS B di£i 5 @f 72f£�11�Hf$�C E9W�# 1�$L!S D' �nmr�ri h�� &H 16 17 18 Q1. 19 20 21 22 23 are not subject tn_ _„r at rial, Fr^.n ��eingi+ �i�df e�ar�et�any�eia�etl �u#fe�esi3lr luShed by this „-+icl., Agricultural Activities. Agricultural activities (uses and structures) may be allowed within geo- logically hazardous areas without a conservation farm plan as long as the activity does not increase the potential for landslides, channel migration, or alluvial fan hazards on or off the site; except, that a conservation farm plan shall be required for agricultural activities within landslide hazard areas and associated hoffers landslide hazard area setbacks (WCC 16.16.325(C)). Land Subdivision. Land that is located wholly within a landslide hazard area, riverine or coastal ero- sion hazard area, alluvial fan hazard area, lahar hazard area, or mine hazard area or its buffer may not be subdivided to create buildable parcels entirely within the hazardous area. Land that is located partially within a hazard area or its buffer setback may be divided provided that each resulting lot has sufficient buildable area outside of the hazardous area with provision for drainage, erosion con- trol and related features that will not adversely affect the hazard area or its buff,-r-setback. 24 2 :0 Lal4"kad44g 25 j 16.16.325 Landslide Hazard Areas - Standards -' and-slid-e hwtard trams. 26 A. General Standards. The following activities may be allowed in active landslide hazards areas when 27 all reasonable measures have been taken to minimize risks and other adverse effects associated 28 with landslide hazards, and when the amount and degree of the alteration are limited to the mini- 29 mum needed to accomplish the project purpose: 30 1. Developments that will have not increase the threat to the health or safety of people and will 31 not increase potential for landslides on or off the site and meet the reasonable use standards as 32 set forth in WCC 16.16.270. 33 2. Utility lines and pipes that are above -ground, properly anchored and/or designed so that they 34 will continue to function in the event of a slope failure or movement of the underlying materials 35 and will not increase the risk or consequences of static or seismic slope instability or result in a 36 risk of mass wasting. Such utility lines may be permitted only when the applicant demonstrates 37 that no other feasible alternative is available to serve the affected population. 38 3. Access roads and trails that are engineered and built to standards that aveid minimize the need 39 for major repair or reconstruction beyond that which would be required in non -hazard areas. 40 Access roads and trails may be permitted only if the applicant demonstrates that no other feasi- 41 ble alternative exists, including through the provisions of Chapter 8.24 RCW. If such access 42 through critical areas is granted, exceptions or deviations from technical standards for width or 43 other dimensions and specific construction standards to minimize impacts, including drainage 44 and drainage maintenance plans, may be requiredspeeified. 45 4. Stormwater conveyance through a properly designed stormwater pipe when no other storm- 46 water conveyance alternative is available. The pipe shall be located above -ground and be 47 properly anchored and/or designed so that it will continue to function in the event of a slope e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx40 375 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2f 1 failure or movement of the underlying materials and will not increase the risk or consequences 2 of static or seismic slope instability or result in increased risk of mass wasting activity. 3 B. 16.16.339 Standards Landslide Hazard Management Zone Standards. Alteration maybe allowed 4 within 300 feet of an active landslide hazard area when the technical administrator determines that 5 the following standards are met: 6 1. The proposed alteration includes all appropriate measures to eliminate, reduce, or oth- 7 erwise mitigate risks to health and safety. 8 2. The proposed alteration is located outside of as active landslide hazard area and any required 9 I setbackb ffer, as set forth in WCC 16.16.335. 10 3. The development will not decrease slope stability on adjacent properties. The development 11 shall not increase the risk or frequency of landslide occurrences. 12 4. The removal and disturbance of vegetation, clearing, or grading shall be limited to the area of 13 the approved development. 14 5. The development is outside of the area of potential upslope or downslope surface movement or 15 potential deposition in the event of a slope failure. 16 6. The development will not increase or concentrate surface water discharge or sedimentation to 17 adjacent properties beyond predevelopment conditions. 18 7. The proposed alterations will not adversely impact other critical areas. 19 8. Structures and improvements shall minimize alterations to the slope contour, and shall be de- 20 signed to minimize impervious lot coverage unless such alterations or impervious surfaces are 21 needed to maintain slope stability. 22 C. 16.16.335 Standards Landslide Hazard Area Setbacksi 0forn. In addition to the applicable general 23 protective measures found in WWC 16.16.265, Tthe technical administrator shall have the authority 24 to have the „ therity to require setbacks bu#eFs from the edges of any identified ae iv,- landslide 25 hazard area in accordance with the following: 26 1. The size of the setback i r:; shall be based on the findings of a qualified professional and shall 27 protect ^ritiGal ,Yeas and minimize the risk of property damage, death, or injury resulting from 28 landslides both on and off the property rw4ale OF par-t-by-t4e4eve4oprem. 29 2. The setback b+4fer shall inciude consideration of the +mill. hydrologic contribution area to the 30 potential landslide area and/or the area subject to the potential for mass movement, and the 31 downhill area subject to potential deposition. 32 3. The setback buffer shall include consideration of vegetation on the potential landslide area and 33 in areas above and below the potential landslide areaweefJy-vegetation ad q-uate-te-sab+li-ze 34 is ted buffer area larks adequate s ody �pr�a:,�ave��erat. I#�e--de�fg+��4 v�-=eeta- 35 tie"tThe technical administrator shall have the authority to require vegetation or other 36 measures to protect or improve slope stability and shall have the authority to require a mitiga- 37 tion plan developed in accordance with 16.16.260, and a conservation easement in accordance 38 with WCC 16.16.265(C) to ensure appropriate vegetation improvements are installed, main- 39 tained, and preserved. 40 4. Developments on sites that are directly adjacent to a wetland, marine shoreline, or other habi- 41 tat conservation area as defined in Article 7 of this chapter may be subject to additional buffer 42 requirements and standards as set forth in the subsequent articles of this chapter. 43 16.16.340 S*2�.,,d;ardT Seismic Hazard Areas - Standards. 44 Development may be allowed in seismic hazard areas when all of the following apply: 45 A. Structures in seismic hazard areas shall conform to applicable analysis and design criteria of the In- 46 ternational Building Code. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx4l 376 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 B. Public roads, bridges, utilities, and trails shall be allowed when there are no feasible alternative loca- 1 tions and geotechnical analysis and design are provided that eR SUFe theminimize potential damage 3 to roadway, bridge, and utility structures and facilities will not be susceptible to damage from seis- 4 mically induced ground deformation. Mitigation measures shall be designed in accordance with the 5 most recent version of the American Association of State Highway and Transportation Officials 6 (AASHTO) Manual or other appropriate document. 7 16.16.345Uandardn- Alluvial Fan Hazard Areas - Standards. 8 The following activities may be allowed in alluvial fan hazard areas when all reasonable measures have 9 been taken to minimize risks and other adverse effects associated with alluvial fan hazards, aPA-when 10 the amount and degree of alteration are limited to the minimum needed to accomplish the project pur- 11 pose, and when the applicable general protective measures found in WWC 16.16.265 have been ap 12 plied: 13 A. Developments that will have no threat to the health or safety of people and will not increase the 14 1 risks of alluvial fan hazards on or off the site and meet the reasonable use standards as set forth in 15 WCC 16.16.270. 16 B. Roads, utilities, bridges, and other infrastructure when that are located and designed to pirevent 17 minimize adverse impacts on critical areas and avoid the need for channel dredging or diking or oth- 18 er maintenance activities that have the potential to substantially degrade river and stream func- 19 tions. 20 C. Permanent residential structures and commercial developments shall be allowed in alluvial fan haz- 21 and areas only if the fan has undergone a County -approved study to assess potential hazards, de- 22 termine risks, and identify mitigation measures and is deemed suitable for development. The tech- 23 nical administrator shall make this determination based on a detailed assessment by a qualified pro- 24 fessional that identifies the risks associated with a 500-year return period debris flow or the maxi- 25 mum credible event that could impact the alluvial fan. 26 D. Accessory structures not involving human occupancy shall be allowed as long as the structure will 27 I not increase the alluvial fan hazards on or off the site. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 16.16.350Standar-ds, Volcanic Hazard Areas - Standards. —9twef e�3 Fr+ay�aQ iiowed i leani�liar rd area;-p+evi .�'a-, *�,"�, a sonal�k e4a&ur-e i ve o+Id_Whe_n the aR1etlIit sdREI digiic�-c^�.' *� , . * ..�+;^ . ,i. e ' Ti�i FSf I-Fi.�.. !^.d r.. .li 44he-RF4l3-- feet poff.©se, an4w-he,A-the-a�]'re^ geRtiro;-p-r-9ti 4vi R4eaSUFes-f$I Ad--idt-VPAAQ�� the Stayer-#s ,� , , n-4ave beeR_-,Wked-. A-. --Per speeHfied F r-tl - -DEYek3,PM—A tS Dr IFFIRitted and ad m4nistsatiyely approved ucar al����_FF}���3�rluvrnrc4 ivrri�l�YY1c Il 4iaVe th Fe a }n +hn 4.a', It4-.,safety of nrsnnle and that era desiporlof�- 29i�ii^SzTTi�'trrc��a m� _.. t. •� +h ease the risks lcanic l.a F �� propertie5, rrrrir'c�rr�• n.r opt -`r*rcr $rcutncTsa- t-C7C aEel�a•Fl i-1$�fe<i-F��. r -- _-_ pFevlded that there aren FTi h 'rarry �r*rp`vyE S 9�Z Si mms or off the site and meet the lea hle . ra nr .:a } { r}It4n-W�: 677(1 S ..er col 5$R?�,. rcvi� F;S a z pe,aple- "�' T"•tl� ^rr �, rv„ r;�c nz}--� fr 4u-n aced-4y--a- ka;-. I.—C-itseal fadlities,as d"tea-sf-th+s-Ghat of 50 er-easr fewe �perse�►s may perr i eel vv 1�+r� laiia i r�u atioFT press b jeet-tow-eia di- tiof�ak-, -permit requir ents of ChteT 0:84W-C", r- ,vv , shat tI Gw 4%-c6te�� er-rria are akin e+- e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected). docx42 377 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ii. The a ppli a+ nx s Ir.a-t1ra=:ell tory re-a„alysis-pr-epar-i ---a-gu-a4f+ed pFf3feS5FF}rlal$r-lo£a�stalte, Or fcde7 age . a 11 - it of time that it anticipated fee a lahar to roar.h th., K"osed prajeE rawte;-tegettic with a descript+c�r�e e�cistir�g o n ff,apo er+ ete-o4on and .. r.t:>`�r•-.t:r. ra r�rgyms to be in ch�Ind a h �� t�erJ .r ... kl:, & - nt has provided a., �•fn£�r-�eREjl-�vaC-�Fatf4�i�-np;o'-i?r-p;�pared�y�al�#ied•-p�n€essie`a� al-e-r-l.. rvra4-, ea e, a Federai a _ r49wiR that the proposed project located Rear direr} 4a,�jaesa#et�+- - hat-+s-w+t#irrwa�k���iag istaric --i -a-a-r-ner�ra-t-o tir�ae-less-t# r�-t-#�}-LaR tieipiited time th at :tit t�11,es a a_har tr. rn arh tine r:te after the trs i+eafter +hetrigge rinn���R a1arF-a-nd•-nV'Ciii' �4nn�i� fp'F7�ii V£i$ i ?efl $ aFld dtl�}I¢)E�r tted iR Iah Y 4a.Irr! a -eac •-5,Ubje449 WC-C 16 6 N(A ) A. Ash/Tephra Fall and Lateral Blast Hazard Areas. Development may be allowed in these areas; pro- vided, that all reasonable measures have been taken to minimize risks and adverse effects, and when the amount and degree of the alteration is limited to the minimum needed to accomplish the project purpose, and when the applicable general protective measures found in WWC 16.16.265 and the standards of 16.16.320 have been applied. A:B.Lahar Hazard Zones. 1. Subject to WCC 16.16.320(A, B, and C) and WCC 16.16.265, the following uses are allowed in any volcanic hazard areas: a. Single-family residences and duplexes. b. Accessory structures not involving human occupancy. c. Sewer collection facilities, communication facilities, and other utilities that are not likely to cause harm to people or the environment if inundated by a lahar. Underground utilities such as pipelines shall be allowed if demonstrated through a geotechnical analysis to be suffi- ciently buried as to not likely be damaged by scour caused by a lahar. d. Agricultural and forestry uses not including human habitation. 2. Subject to WCC 16.16.320(A, B, and C) and WCC 16.16.265 (except subsection (D) when located wholly within a lahar hazard zone), the following uses may be allowed in volcanic hazard areas subject to the submittal and approval of a Volcanic Hazard Emergency Management Plan meet- ing the requirements of subsection (13)(3); however, this requirement may be waived for proper- ties located in an area with an estimated lahar arrival time of more than 60 minutes. The County will maintain travel time projection maps to estimate lahar approach times. a. Expansion of legal nonconforming uses meeting criteria of WCC 16.16.275 and WCC 20.83. b. All other uses allowed per the property's zoning district. 3. Where required by subsection (13)(2), a Volcanic Hazard Emergency Management Plan shall be submitted for approval and meet the following requirements: a. Is consistent with and integrated into a community emergency plan maintained by the Sher- iff's Office of Emergency Management. b. Includes an emergency evacuation plan. c. Is required to be updated every 5 years. Evacuation route maps must be posted on the premises. Ge n e a1ly sp aldng' th.. .,e�r Ha4a-r-4aza+cf5-ri - crease with rl.i rta nee frn.-n th nl �,. ' er asE�dere tom{ er eve1op ent�ar �; 11er fit m tl}e mein tanEetY4�tlsYi--L Me-t9 I�Y�Varlda4in r�rarl ar. iif:#3 ofi-pry,4C3theF-2meFge�,,I�,C�,,-��'1r@+pe3*E`E�- f�ess { ea ires�ar e rauf�lc+ri �a e-tY�iYH��tiaair_ San aair hares risr based n h_e-a4)YRy-to evacuate r^.e"k-•ffefip-w ti4if�-a ab-ar44azar-d urea event (i.e., ose areas e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotecrted).docx43 378 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 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 closest to the a.ir..,+..Y.41— lesstimeto evacuate than those - s F-.r+hr. -.y fFem eV$tO C-G 44UEt eVcrcr�e area stir, . to ring alarm r rte r.1 that a la, aic I, ed !r. lnrh�+'F3f�l�$Hffty a idl�Ff a-�-1f4�m�-ucr�c+�rrccr C�NF-F}i$f'�•I - . waFFl-�r����oes-�exi�t; ��et�i�-�e�r•-r��i�w�-•la�a��r�^�'�-��4--vel$�i�y-t�e�s-ter tFaVel P 9 F }hare roa50R5 +he Fellr,w ng I a4a-F�fel--Z-one--`J��i� �'�m so -a- ply }�F$iixi�� fl$w-�; k�av�•�e�•rd��ise�€e�-tk�e-���aas�-e�e�ar�i•pg-�F•Ead�c��$v��e��r���lla�ie�ss-��le�e,,.I t:aki _ o-granhirally sh..s.. ., the l•'r...�y�•C,�ge l�ei��-Ffi� �p{�F�t �sC k� BFI ��E?3$�il1� iF}F �l { e FlfFleFi 3f E S4Vi1i C-in.�'c�a�'i'ri+1 A.,+a C FbstT�hen s iuFee event, ar �A fin- 4I s�r. eratinof regmenal Fr.pogr-.nhy haffeG.urTepce������ 'narar T E9Fl•5$F-i!•dt! Vgi��l�f�t'�1f+? �-#-Fill$-f?•S�•IFT}c}�$SP�T����L � ,� that ` �r mmarl�a ,a• +h h #--i1�Iount-BakeF-tip axe$--��r7f-� ia-rveiy--$��,-�`_�,,H,,{��� f�+a ii F-� se M and f se 1_�as-we?4-a-5--giG5eaFEa -pGt-e-ntiagy-{ td• � e-{ rcr%.ic.�..--Quo--c-a a�-s elastic and lava FI�„�udes4ll aYr- re.36T-Fr'-''`r,-liv'£�£d by Ca -LashrQ&Fs-"i•F'r hr-,&asst-s4dE-ef the Ma st Bake rif�agOa�ar a iF lrr}e� ely s���r$iaf� rag-6�k�* 6�' ^r ar^,u-lShannon hannon that -may •.o�a�,rvrl h^-ii�.byf'ew-geAeFated tsu r h.bs"44L}�heI^+GFa s.T _ cL�rci seer rl } rv-- h�c-�o-1�--e'oc-.;ri-�r^r�-ar-e-�ii$�f1•Fe-c£glfla�-�3iFF`�:�'vrrr-nr�� 1 ahar- u., .a Z..nnt1 — 1+iG1c odes all r I ah., s tha"re4ecate wpr--,��4fl�e-- stance rim the r .��f���: p�€e��F�his-+red$s ail-ar=� ream ^c f the St4a-r'r uti �F z�--^vVeF �i�i�f- %£r•ffr7'vff e�,h�r.I x• 1-F}g-u]--the dle PBFI<r N$9 Sa£•i'i-Rwe ci 4� r±ie-MBS idge-aft-wthe U$ftb ForkNoel( ac*-Rivet-- , ea+*d•-fflC-iki 4he c-on i-}lif44y-Gf-Glae' F-. Afe s—u irt�o,f t! I$C-etions are coA-sWered 'o V61- Bne r —IfK-kK-,a4-afeas44at-m-ay-b;' 'm p"etedby rase M ana Case 1 La dow4i- StFn�m n �e�+• } l7 }e C A `1 F] r;.i.. r }I e at,4ugeel-s-ev' "errrc-�--rrr ' nd—e*te suns cm. ry case:-rsczc, 4ewntreanq }nr� a a�•, ,7,' ,$ 7�c QN rer Dr ~<i. erne for a ca rreIative d i5ta n e a p 3ff}yF{ }e?az � -5 "in source vrn't, that may- e munpacted-by #� #a >� e# EveFso� a •Rgha+�i--,a-wef-a-s-t a al ea� tsrw»di�ta ee i F-tkre- fraaDrainage and e{dil g4o-the CaRadian 9GFdeF. R i- t�thathaz ar-dam-vimaveh-a-ha;-;oFgearames of aekr&-vnd-sedi;,nt, •,^ c af}tlaiii+ fr-OFIRrJ6ri nrr a clay r_wa eir-flea d, F the P H FPO Se 5 Of r- dating rl eve 1 a p Fn - r.+, the exle+•t-affd-see tvy-efZoo 9 are owgelred eegwi�I��f�at�#a ��0-yeaf f400dTa f_d,&vcxI .-amen+ in these areas meettlhe-f,equi-e Rts of Article d. y CrequentlFlooded� AFeas. - hah P43z$Fd ;zcj eg-uiations. T e use r .Kati., sha r. TalaIe ly within the indicat_ T46"e-L Arrarsmar.+ -.n.•1 Oa..iew in zones 9, any r. t proposing a maximum occupant Inner gFeatef4han 25a 4l rt irk a af�+e #�a �aFels assessf ef� {� epar y a c a1i#` nal t h a t Plie! ude5 citi ng Of im nro..em a n+r in ten inn to avoid . elca nic k�a �ar� s a lie) a �+�4�af�i #�a�ar�! r a ges a rld a atl$F� #afs-1 a i isr"he tec h4ica l -adfrFi-ni s- trato1- sha 11 haY the aut4G ch a5 s@SSM e H t fG F a RY project d ee med-i t-tv-srrrcie-- -Table 1. VG7G afiir 1J�- d a Z a •er'=v,=sG"acC11 f-& — Listt�lgssr�aar�sy , �� Us apses and Maximum Occupaf GIW _.I-ahar Hazard-Z$ne A - $ — - G ---D e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx44 379 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 L46tl --Uw- 1 owames and Maximum OGrupanGies2 — ah3r-Huar-d-Zoae -A --� Essential Garilities Preh* Drrehhoboted Allowed subject _—Ai#Gwed-- I Ong subje4to zoning, butshall underlying 7 meet the .11 uirem2ennts^^e#d zoning tt, Hazardous Garilities Drreh%d pr d Allowed subiert -Altowed- to under�y+ng subjK to zoning, butshall unde4y±ng 1 meet the re- wring 116.G16..260 and tt� Drehibot Allowed sub*t Allowed sW*Gt ---AIIGwed� to underlying to 5ubjeet-to zoning, with inn, but shall und-lrfying panGy Of 100. meetthe re- MI IIYeI Zoning 16.46.260 and 265, Covered Assemblies Drehbted Allowed,-subjeGt Allowed subject owed-, to4mdef#y+�3g dying subjeGA to zoning; with -a zoning, but shall u►Aer#y+ng � m}aximum-G0�i- meet rr�.ct the Fe- z9fkg7 penGy ®i-1-00: !YI IIYeI 265- All other Uses al All other uses Allowed snbiert A{awed_ I lowed by Title 70 LAMIRD All other allowed by Title to underlying sub"G 70 uses allowed by Ti 70Ielith a maxi zoning, but shall u4ide-rg#yin 7 tie 70Ielith a max MUM GUpanGy Of 100. ""fir meet s- luir.�ement Z-Gf4iflg 7 ♦ 8� 0 y z-cY qa I , of y Outs4e the (_'lacier265, c�AA41-.,-r D reunited to single-fap* resodences and their arvressorfni n��v strl Ictl Ices —' AI #i#e�#�efi+iit#ens a# -thy tc� 2---i+ut+3Gru�anees listen#ielayirtsreaseel per YUrr�,.�5g�E7}: e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx45 ME WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 16.16.355 SUandardT Erosion Hazard Areas —Standards. 2 A. General Standards. PP4,P"Pipment shall bealaiciirdaFea ; Pr-9VOded, tha"ll Fea 3 5 0 A abl e nq eaS HFes h eructbe en. to ken to mi n im bze . SIG 2RGI .-.thee adye Fse r.4eets asseei ate d With e 4 ci 9Aaza FEls, an d w.. .... rh.. a ..tic! darson 9f the aIte. rat 0.0R A- FA_ li. ;+-,4 t.v +4.r. 5 eu to : ���mnI;At>sn,. -n,:oct purpose. For coastal, a�riverine, and stream erosion hazard areas, 6 the following activities shall be allowed when the applicable general protective measures found in 7 WCC 16.16.265 have been applied and as followsspeei#": 8 1. Developments that will- have -naminimize the threat to the health or safety of people and will 9 not increase the risks of fanerosion hazards on or off the site and meet the reasonable 10 use or variance standards as set forth in WCC 16.16.270 or 16.16.273 respectively. 11 2. Discharge of surface water drainage into a coastal or riverine erosion hazard area, provided 12 there are no other alternatives for discharge, and the drainage is collected upland of the top of 13 the active erosion hazard area and directed downhill in an appropriately designed stormwater 14 pipe that includes an energy dissipating device at the base of the hazard area. The pipe shall be 15 located on the surface of the ground and be properly anchored so that it will continue to func- 16 tion under erosion conditions and not create or contribute to adverse effects on downslope crit- 17 ical areas. The number of pipes should be minimized along the slope frontage. 18 3. Stormwater retention and detention systems, such as dry wells and infiltration systems 19 using buried pipe or French drains, provided they are located outside the identified channel mi- 20 gration zone, designed by a qualified professional and shall not affect the stability of the site. 21 4. Utility lines when no feasible conveyance alternative is available. The line shall be located above 22 ground and properly anchored and/or designed so that it will not preclude or interfere with 23 channel migration and will continue to function under erosion conditions; provided, that utility 24 lines may be located within channel migration zones if they are buried below the scour depth 25 for the entire width of the CMZ. 26 5. Public roads, bridges, and trails when no feasible alternative alignment is available. Facilities 27 shall be designed such that the roadway prism and/or bridge structure will not be susceptible to 28 damage from active erosion. 29 6. Access to private development sites may be allowed to provide access to portions of the site 30 that are not critical areas, if there are no feasible alternative alignments. Alternative access shall 31 be pursued to the maximum extent feasible, including through the provisions of Chapter 8.24 32 RCW. Exceptions or deviations from technical standards for width or other dimensions, and spe- 33 cific construction standards to minimize impacts may be specified. 34 7. Stream bank stabilization and shoreline protection may be permitted subject to all of the follow- 35 ing standards: 36 i. Shoreline protection measures located within coastal or riverine erosion areas shall use soft 37 armoring techniques (bioengineering erosion control measures as identified by the State 38 Department of Ecology and the Department of Fish and Wildlife guidance) unless the appli- 39 cant provides a geotechnical analysis demonstrating that bioengineering approaches will not 40 adequately protect the property. 41 ii. The armoring shall not increase erosion on adjacent properties and shall not eliminate or 42 reduce sediment supply from feeder bluffs. 43 iii. The armoring will not adversely affect critical areas including habitat conservation areas or 44 mitigation will be provided to compensate for adverse effects where avoidance is not feasi- 45 ble. 46 iv. The proposal shall comply with WCC Title 23. 47 v. Hard bank armoring is discouraged and may occur only when the property contains an exist- 48 ing permanent structure(s) that is in danger from shoreline erosion caused by wave action e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx46 381 WWC 16.16 Criti tegulations (Council ited version) 9/26/17 1 or riverine processes and not erosion caused by upland conditions, such as the alteration of 2 natural vegetation or drainage, and the armoring shall not increase erosion on adjacent 3 properties and shall not eliminate or reduce sediment supply. 4 vi. The erosion is not being caused by upland conditions, such as the removal of vegetation or 5 human alteration of existing drainage. 6 vii. Nonstructural measures, such as placing or relocating the development further from the 7 shoreline, planting vegetation, or installing on -site drainage improvements, are not feasible 8 or not sufficient. 9 8. New residences shall be located outside *demo wed of channel migration hazard areas or marine 10 shoreline retreat areas. Accessory structures not involving human occupancy with a footprint 11 equal to or less than 2,500 square feet shall be allowed; provided, that they are located at the 12 outer edge of the migration zone as defined by this chapter; and provided, that the technical 13 administrator may allow larger accessory structures where mitigating measures are feasible and 14 provided for by the applicant. 15 9. New public flood protection measures and expansion of existing ones may be permitted, subject 16 to WCC Title 17, Article 4 of this chapter, and a state hydraulic project approval; provided, that 17 bioengineering or soft armoring techniques shall be used where feasible. Hard bank armoring 18 may occur only in situations where soft approaches do not provide adequate protection. 19 B. 16.16.360 Standards Erosion Hazard Area Setbacksi s. In addition to the applicable general 20 protective measures found in WWC 16.16.265, Tthe technical administrator shall have the authority 21 ' to require setbacksh from the edges of any coastal, stream, or riverine hazard erosion area in 22 accordance with the following: 23 1. The size of the setback r-shall be based on the findings of a qualified professional and shall 24 protect critical areas and processes and minimize the risk of property damage, death or injury 25 resulting from erosion caused in whole or in art by the a.,...,l.,.-.ment OF that ti}e�elepme4lt 26 may be subject to over the life of the development, typically identified as 100 years. 27 2. The h'�setback shall include the uphill area subject to potential erosion, the downhill area 28 subject to potential deposition, and any area subject to landslide as a result of erosion. 29 3. The setback bof#el shall include woody vegetation adequate to stabilize the soil and prevent soil 30 movement. If the designated setback hr#er area lacks adequate woody vegetation, the tech- 31 nical administrator shall have the authority to require vegetation enhancement or other 32 measures to improve slope stability. 33 4. Developments on sites that are directly adjacent to a wetland or marine shoreline or other habi- 34 tat conservation area as defined in Article 7 of this chapter may be subject to additional setback 35 h, i#errequirements and standards as set forth in the subsequent articles of this chapter. 36 16.16.365 fita a,dg Tsunami end sp;che Hazard Areas —Standards. 37 The standards of WCC 16.16.320 and 16.1 635 shall apply. For development within tsunami hazard ar- 38 eas the proposed development shall be designed to provide protection for the tsunami hazard that 39 meets the projected hazard on the Department of Natural Resources Tsunami Inundation Maps. For 40 other low lying coastal areas not included on the Inundation maps, development shall be designed to 41 provide protection for debris impact and an inundation as determined by current Department of Natu- 42 ral Resource mode Iingaf4Q4 *et abeve mean high tide unless other measures can be shown to provide 43 equal or greater protection. 44 16.16.367 Seiche and Landslide Generated Wave Hazard Areas — Standards. 45 Standards for seiche and landslide generated wave hazards will only apply if the hazard area is mapped 46 1 by the United States Geologic Survey or the Department of Natural Resources, Division of Geology and e.\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx47 382 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 Earth Resources or other credible source approved by Whatcom County. If a mapped hazard is present, 2 the standards of WCC 16.16.320 and 16.16.350 shall apply. For residential development within a 3 mapped seiche and landslide generated wave hazard areas, the proposed development should be de- 4 signed to withstand the mapped hazard. If the risk of the event is less than 0.1% on a yearly basis, de- 5 velopment standards may not be required, but notice on property title will be required. 6 , 16.16.3706-tandar-dr.— Mine Hazard Areas -Standards. 7 The standards of WCC 16.16.320 and 16.16.350¢B4-shall apply. 8 16.16.375 Review and Reporting Requirements. 9 A. When County critical area maps or other sources of credible information indicate that a site pro- 10 posed for development or alteration is, or may be, located within an active or potential geologically 11 hazardous area, the technical administrator shall have the authority to require the submittal of a 12 geological assessment report. 13 B. A geologic hazards assessment report for a geologically hazardous area shall include a field investi- 14 gation and contain an assessment of whether or not the type of potential geologic hazard identified 15 is present or not present and if development of the site will increase the potential for landslides or 16 erosion on or off the site. Geology hazard assessment reports shall be prepared, stamped, and 17 signed by a qualified professional. The report shouldis-ate k4�t4gatiG"rerss to-evaluaie the geo 18 of the subject ..r..,- er_ty and adjacent areas The geologicai assessment�r��.�_ 19 eWde44eJ44savestigatiora al44n+ay4;:l_e4A6_—tN_-4 ta-Iysis-©f 4isteric a 1aer-Wa p-#aetographsx€b- 20 k-re, ords and docume44atio- nrl inteic :ionic with adjacent property ..err The report shall,�T„ 21 "et#ae-fells ARg; PF ided la tk�e t k�r�ieal�dr ir�i a rx�ay er i �t e s# 22 the scope and/oF!ir;a the propose d develepit: 23 1. Be appropriate for the scale and scope of the project; 24 2. Include a discussion of all geologically hazardous areas on the site and any geologically hazard- 25 ous areas off site potentially impacted by or which could impact the proposed project. If the af- 26 fected area extends beyond the subject property, the geology hazard assessment may utilize ex- 27 isting data sources pertaining to that area; 28 3. Clearly state that the proposed project will not decrease slope stability or pose an unreasonable 29 threat to persons or property either on or off site and provide a rationale as to those conclu- 30 sions based on geologic conditions and interpretations specific to the project; 31 4. Provide adequate information to determine compliance with the requirements of this article; 32 5. Generally follow the guidelines set forth in the Washington State Department of Licensing 33 Guidelines for Preparing Engineering Geology Reports in Washington (2006). In some cases, such 34 as when it is determined that no landslide or erosion risk is present, a full report may not be 35 necessary to determine compliance with this article, and in those cases a stamped letter or ab- 36 breviated report may be provided. 37 6. If a landslide or erosion hazard is identified, provide minimum setback recommendations for 38 avoiding the landslide or erosion hazard, recommendations on stormwater management and 39 vegetation management and plantings, other recommendations for site development so that 40 the frequency or magnitude of landsliding or erosion on or off the site is not altered, and rec- 41 ommendations are consistent with this article. 42 4�—n description 4jraFeas t ita su rre undiAg areas that 0nfl: ue nl-e or c 1Id- ho infl11 -.n. edd 43 1+ the site, as wFi#k�if�390-feeE of the sate ri�egt ii r e ia-#a�geolog £a4ly k�a a d$ as 44 as set F.,_th lr, GC-1.-6.464-3f3: 45 1 2 A-sealee-plan-shew4ig= e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx48 M WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 a. The type -and extent of geolegic hazard areas, y-r.+ ;r�iC-3 s vrrn�- 1 err on, � 2 cent o, or thcit�aFe-44(eIjLto-4RpaE -0 1Fl {F�f�C� I� FB{30Sci-l-.B _1}3E+R4s�sl ,crn^^icryby- p E- 3 � 'L Rg ]f$ -iQ-ss and rri}ieai areas .•���i W?i�l�c�i'rc-�ii!]i.ar� 4.r 4 47- Theie �f�x+54pg and �, �; r, {•lam-, l ee;s-r-Ga4s-5teFage-of ma�L 5 dfainage fais4itie-5;-with di,nnnri nS+ IiC- f es to-the4I$Gdp4i , 6 e:— Thy*g-&4e4GpogFaph"reh-Fably-ac-c-tfr�e-4o-w+t4if�feet o— aft 7 d—Neaf+`r't�n Srr�rit5- 8 9, A deSEFiptiGn-e 4e site ef--Pst-vf 9 p l.channei migration, h � ,:acre}a}in � found in the project area and in � 10a Za rrga s a-ira the r,, izeaa�ee srf ;�tief�data st�e#s Seri F}gs 11 44_holer test nits ells ge-&�ni. poftr _ and other reieVant renr)rts or sits, : r4atk)- 12 r FeG9P! rFe atiar�s of ut the sib �tf$rf 13 4 A der grin}inn .,f +hr, nreees5es'-a€feei ng the OPerty OF a ffeetesd 14 ty-,4fa4uc4n-s&i4- fesi9 iti$n ar accretion, - n4-e4i1efVe&-^{�„��' riM, 15 ram, --A desuc�-r'"'m'p^+�oonrzrof fl; e V 611 Re Fa hiy.ity of the sets, to seismic an.-F r,+her n��$rcesse ao ��� 16 sari iera-$#any petef}tla�laa arks tk�at �et> he er�� ex ef�n� ^� r+ ^� si+,e d eve I- 17 18 6:—A&$ rifAion-an�d-aFkalyscis$f-the-r; c+cFatP�WFtFF�ifeivp^r'�'rcnt r� $nc and buffers a 19 sncia+erd , k* W&-e,hanter and the level of risk 20 etbac-k*Gw-the aFea of geoler.icaihatam N 21 7A r*tiGR--annPA-vr3naIysis n�T 5k asseieiate d . .i 4 the rr. urc r. -apoy sed to mitigate U-ie 22 hazapds ensureI.d: to t n ,.}., r.d e+h�er GFit+c-al aF 23 &—Fe. r_ts in nr affor+inn la 4-1;iide S•, e repot all also inrl�a 24 a—Assessmeots aan4-eo++e1a>iens regaFdieg Jape smart f, - .e existirfg--a-r}d--develeped 25 04Adi t in�T rl Ud inn the, pe+estial type ^f--laradsai lu re merhan tiele-#��,isms-(e-.g,,debra3-4$w; 26 slip etc) that rr affect -the site. The 5e `tabr4f{ eva�uatio-n 27 ri .il�alr .9nrirdor ri..nam ar+hr aLe lr andid-✓h-a4l{sa�11FftdFf$�i 28 efati$ A-s-esta-4 5,4eel-b,f44e G_w FFe n►vefsien ^f+he 1MeFna��+�al-i�t►i�ieg�e�e: 29 orf a}r rL,allphe prer�te Cares ,..hero rkblity is 30 f�%t�}}lueLnEe�y-�e�ttiFea•aFFt, efFng Bti3e f-p-F�E*5-2Et +ng-efi�t on 31 Shve: 32 e--n rl +_ I n-G*t-�-a_4of la3�dsiicie dei3ris to tl pr�pase ^�� '^prT ^mat 33 starts ups op., n..h,+h,r na.t e ttae sl�bjec romper � �rF a-�iog per#y1 iad�e 34 the impacts of lar,rdrli.-de r_�.n_n„+ on Ia,. ;�:^v{c7e�7Fo;a@Fties-c7r�Fd £firs; 35 For projects in seismic hazard areas, the report shall also include a detailed engineering evalua- 36 tion of expected ground displacements, amplified seismic -shaking, or other liquefaction and/or 37 dynamic settlement effects and proposed mitigation measures to ensure an acceptable level of 38 risk for the proposed structure type or other development facilities such as access roads and 39 utilities. 40 1 4-9-.8. For projects in mine hazard areas, the report shall also include a description of historical 41 data and remnant mine conditions, if available, dates of operation, years of abandonment, 42 strength of overlying rock strata, and other information needed to assess stability of the site to- 43 gether with analysis of surface displacement or foundation stress from collapse of workings. 44 C. A geological assessment for a specific site may be valid for a period of up to five years when the 45 proposed land use activity and site conditions affecting the site are unchanged. However, if any sur- 46 face and subsurface conditions associated with the site change during that five-year period, the ap- 47 plicant may be required to submit an amendment to the geological assessment. e!\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected) docx49 MI WWC 16.16 Critical Areas Regulations (Council edited version) 9/2F 1 ARTICLE 4. FREQUENTLY FLOODED AREAS 2 16.16.400 Purpose. 3 The purposes of this article are to: 4 A. Reduce the risk to life and safety, public facilities, and public and private property that result from 5 floods. 6 B. Avoid armor minimize impacts to fish and wildlife habitats that occur within frequently flooded are- 7 as. 8 C. Protect and maintain the beneficial ecological functions and values of frequently flooded areas, in- 9 cluding providing the necessary flow regime to form and maintain a full range of functional and ac- 10 cessible salmonid habitats both within and outside of frequently flooded areas. 11 D. To ensure compliance with FEMA National Flood Insurance Program (NFIP) protection standards for 12 critical habitats of species listed under the Endangered Species Act. 13E.In conjunction with the provisions of WCC Title 17, establish review procedures that provide an in- 14 tegrated approach to managing floodplain development and maintaining the capacity of the flood- 15 plain or floodway to convey and store flood waters. 16 16.16.410 Designation and Mapping — Frequently Flooded Areas. 17 A. Frequently flooded areas are areas located along major rivers, streams, and coastal areas where the 18 depth, velocity, intensity and frequency of flood water during major events present a risk to human 19 life and property. Areas susceptible to these types of hazards are hereby designated as frequently 20 flooded areas and subject to the provisions of this article. 21 B. The approximate location and extent of frequently flooded areas are shown on the County's critical 22 area maps. These maps are to be used as a guide and do not provide a definitive critical area desig- 23 nation. The County shall update the maps as new hazard areas are identified and as new infor- 24 mation becomes available. This article does not imply that land outside mapped frequently flooded 25 areas or uses permitted within such areas will be free from flooding or flood damages. This chapter 26 shall not create liability on the part of Whatcom County, any officer or employee thereof, or the 27 Federal Insurance and Mitigation Administration (FIMA), for any flood damages that result from reli- 28 ance on this chapter or any administrative decision lawfully made hereunder. 29 C. Frequently flooded areas shall include, but not be limited to: 30 1. Areas subject to a one peFc-ent1% recurrence interval of flood water inundation or a 100-year 31 base flood as mapped on the current effective Federal Emergency Management Agency's Flood 32 Insurance Rate Maps (FIRM). This includes coastal high hazard areas as defined by this chapter 33 and as identified and designated on the FIRM maps as Zone VE or V; provided, that tsunami haz- 34 and areas are designated as geologically hazardous areas and subject to the provisions of Article 35 3 of this chapter. 36 2. Other flood hazard areas identified by the County Public Works Department based on review of 37 historical data, high water marks, photographs of past flooding, or similar information from fed- 38 eral, state, county, or other valid sources when base flood elevation data from the Federal In- 39 surance and Mitigation Administration has not been provided or is not accurate. 40 16.26.420 Frequently Flooded Areas — General Standards. 41 A. All development shall conform to the provisions of WCC Title 177, Flood Damage Prevention, and the 42 applicable provisions of this chapter. 43 B. Development within frequently flooded areas shall be allowed ptws+iantonly when it is consistent 44 with all of the following: e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx50 385 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 1. FEMA's National Flood Insurance Program (NFIP), including the protection standards for critical 2 habitats for listed species, which shall--be-demanstated through su-br OU8.1 _1 a 1434at assess 3 FneRt d if a eSSMY a mitigation plan prepared by a alif n4 piae smeiial, on aeseFdance 4 with the PKMA-Regiena1 Guidance fe- the P11- , - CO1ARd gasi R. Th., plaF, shall :.1.- Atify a , 1:.,.-1era 1 5 ly listed species and associated habitats, 4 14r.w,19-4ate that AO haFFA Will r. r tr. S Ch spe 6 rti@;-f}i-i».1iRms ar._a. eeSUlt of deyel.Y...rwPA . #hjn fi-e Rtly FIeade.d r, . af}d- ' 7 2. t14The mitigation sequence in WCC 16,16.260; aft; 8 3. Article 7, Habitat Conservation Areas, of this chapter; aft 9 4. The applicable general protective measures found in WWC 16.16.265. 10 C. The technical administrator shall have the authority to require a habitat assessment, and if neces- 11 sary, a mitigation plan prepared by a qualified professional, in accordance with the FEMA Regional 12 Guidance for the Puget Sound Basin and Fnitigatien mitigate for adverse impacts to fleedplain the 13 ecological functions of Frequently Flooded Areas; provided, that such mitigation shall be consistent 14 and compatible with the goal of protecting health and safety and minimizing risks to property. 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 16.16.430 Review and Report Requirements. When County critical area maps or other sources of credible information indicate that a site pro- posed for development is or may be located within a frequently flooded area, the County Public Works Department's River and Flood Division and/or the technical administrator shall have the au- thority to require a critical area assessment report. XB.The public works department shall have primary responsibility for reviewing and approving pro- posed developments for consistency with WCC Title 17;. picevided, thy++The technical administrator shall review development proposals for consistency with the standards provided in this chapter. Ei- ther may place conditions for approval and/or require mitigation in accordance with this chapter. C. In addition to the requirements of WCC 16.16.225, C-critical areas assessment reports for frequently flooded areas shall: 1. Identify any federally listed species and associated habitats, and demonstrate that no harm will occur to such species or habitats as a result of development (inclusive of mitigation) within fre- quently flooded areas.R+eet44e4e.14-. 2. Address adverse impacts to ecological functions and processes, including riparian vegetation. Positive impacts may also be discussed. 3. The rese.ts shall aIs^'ISIudg mi igatiprt for adygyse—Pfecs Q Frequently Flooded Areas' flagAplaiffiecol4cal functions, where applicable_ D. The technical administrator shall have the authority to modify the requirements of Subsection C when s/he determines that any portion of these requirements is unnecessary given the scope and/or scale of the proposed development. E. Th e te s-nicai-adexec r h aT �.rwze_ztrh, a -�� + tO .-r Odif.. th@ r@ffW+FeA4ent5 whe— S-. r. /rh.. de taFrAinenes that porti4 of these Fequirements is unFieeessar-y given the scope and/oF scale of the PFOpesed-devebpmeMThe technical administrator alsashall have the authority to require addi- tional information to that required in Subsection C that discloses and describes the effects of pro- posed development on Frequently Flooded Area #leedplaie-functions, including, but not limited to impacts on: storageing and conveyingance of flood water; channel migration; reduGing-peak flows and flow velocities;, eduGi;sredd scour and -';`displacement of rearing juvenile fish; FnaiR taining-sediment quality in streams; FeduGing shear stress and bank erosion; impfev+eg-water quali- ty; piceviding-wildlife habitat; miaistai Oil fish access; and cycling nutrients cycling or pFeviding-other hyporheic functions that link surface and groundwater systems. shall also Fneltid@ ni;ti e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx51 C 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 14.F.Critical areas assessment report requirements maybe waived for single-family developments and 2 structures accessory to agricultural uses when the technical administrator and the public works de- 3 partment determine that no adverse impacts or risks to life, property, or ecological functions will 4 occur. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx52 387 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ARTICLE 5. CRITICAL AQUIFER RECHARGE AREAS 2 16.16.500 Purpose. 3 The purposes of this article are to: 4 A. Preserve, protect, and conserve Whatcom County's groundwater resources and their functions and 5 values for current and future generations by protecting critical aquifer recharge areas from contam- 6 ination. 7 B. Prevent adverse impacts on groundwater quantity by regulating development activities that could 8 deplete aquifer storage, reduce groundwater levels, and/or diminish infiltration and replenishment 9 of groundwater. 10 C. Prioritize the management, protection, and conservation of groundwater recharge areas as sources 11 of potable water supply. 12 D. Establish review procedures for development activities that have the potential to adversely affect 13 critical aquifer recharge areas. 14 16.16.510 Designation, Classification and Mapping — Critical Aquifer Recharge Areas. 15 A. Critical aquifer recharge areas play a crucial role in supplying potable water (as defined by WAC 365- 16 190-030(2)). These recharge areas have geologic conditions that allow high infiltration rates, which 17 contribute significantly to the replenishment of groundwater. These conditions also create a high 18 potential for groundwater contamination. These areas are hereby designated as critical areas and 19 subject to the provisions of this chapter. 20 B. The approximate location and extent of critical aquifer recharge areas are shown on the County's 21 critical area maps. These maps are to be used as a guide and do not provide a definitive critical area 22 designation. The County shall update the maps as recharge areas are identified and as new infor- 23 mation becomes available. 24 C. Critical aquifer recharge areas shall be designated and classified as follows: 25 1. Low, Moderate, and High Susceptibility Aquifer Recharge Areas. Aquifer recharge areas suscep- 26 tible to degradation or depletion because of hydrogeologic characteristics are those areas meet- 27 ing the criteria established by the State Department of Ecology (Guidance Document for the Es- 28 tablishment of Critical Aquifer Recharge Area Ordinances, July 2000, Publication No. 97-30, Ver- 29 sion 4.0). 30 2. Wellhead Protection Areas. The area defined by the boundaries of the 10-year time of ground- 31 water travel, in accordance with WAC 246-290-135. For purposes of this chapter, all wellhead 32 protection areas shall be designated as highly susceptible critical aquifer recharge areas. 33 D. If special groundwater management areas or susceptible groundwater management areas are es- 34 tablished in Whatcom County in accordance with WAC 173-200-090 or 173-100-010, respectively, 35 then these areas shall be incorporated into the highly susceptible aquifer designation. 36 16.16.520 Critical Aquifer Recharge Areas — General Standards. 37 I In addition to the applicable general protective measures found in WCC 16.16.265, Aall development in 38 a critical aquifer recharge area shall meet the following standards: 39 A. The proposed development will not cause contaminants to enter the aquifer and will not significant- 40 I lyadversely affect the recharging of the aquifer in an adverse manner. 41 B. The proposed development must comply with the water source protection requirements and rec- 42 ommendations of the Federal Environmental Protection Agency, State Department of Health, and 43 the Whatcom County health department. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx53 No WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 C. The proposed development must be designed and constructed in accordance with the County 2 stormwater management requirements or other applicable stormwater management standards 3 (Whatcom County Development Standards Chapter 2, WCC Title 20). 4 16.16.525 Activity Subject to Critical Areas Review. 5 The following development activities, when proposed in moderate and high susceptibility critical aquifer 6 recharge areas, have the potential to adversely affect groundwater quality and/or quantity and shall 7 require submittal of a critical areas assessment report as defined in WCC 16.16.255 and 16.16.535: 8 A. Any development with an on -site domestic septic system at a gross density greater than one system 9 per residence per acre. 10 B. All storage tanks and storage facilities for hazardous substances and/or hazardous wastes; provided, 11 that: 12 1. The tanks must comply with Department of Ecology regulations contained in Chapters 173-360 13 and 173-303 WAC as well as International Building Code requirements; 14 2. All new underground tanks and facilities shall be designed and constructed so as to prevent re- 15 leases due to corrosion or structural failure for the operational life of the tank, or have a sec- 16 ondary containment system to prevent the release of any stored substances; 17 3. All new aboveground storage tanks and facilities shall be designed and constructed so as to pre- 18 vent the release of a hazardous substance to the ground, groundwaters, or surface waters by 19 having primary and secondary containment. 20 C. Vehicle repair, servicing and salvaging facilities; provided, that the facility must be conducted over 21 impermeable pads and within a covered structure capable of withstanding normally expected 22 weather conditions. Chemicals used in the process of vehicle repair and servicing must be stored in 23 a manner that protects them from weather and provides containment should leaks occur. Dry wells 24 shall not be allowed on sites used for vehicle repair and servicing. Dry wells existing on the site prior 25 to facility establishment must be abandoned using techniques approved by the State Department of 26 Ecology prior to commencement of the proposed activity. 27 D. Use of reclaimed wastewater must be in accordance with adopted water or sewer comprehensive 28 plans that have been approved by the State Departments of Ecology and Health and the Whatcom 29 County council per Chapter 57.16 RCW; provided, that: 30 1. Surface spreading must meet the groundwater recharge criteria given in RCW 90.46.010(10) and 31 90.46.080. 32 2. Direct injection must be in accordance with the standards developed by authority of RCW 33 90.46.042. 34 E. Any other development activity that the technical administrator determines is likely to have a signif- 35 icant adverse impact on groundwater quality or quantity, or on the recharge of the aquifer. The de- 36 termination must be made based on credible scientific information. 37 F. Metals and hard rock mining and new sand and gravel mining subject to the provisions of the Coun- 38 ty's current MRL review procedures in Chapter 2073 WCC; provided, that for new MRLs such activi- 39 ties shall be prohibited within the 10-year travel time zone of wellhead protection areas. 40 16.16.530 Standaras — Prohibited Uses. 41 The following developments and uses are prohibited in critical aquifer recharge areas: 42 A. New landfills, including hazardous or dangerous waste, municipal solid waste, special waste, wood 43 waste of more than 2,000 cubic yards, and inert and demolition waste landfills. 44 B. Underground injection wells. Class I, III, and IV wells and subclasses 5F01, 5D03, 5F04, 5W09, 5W10, 45 5W11, 5W31, 5X13, 5X14, 5X15, 5W20, 5X28, and 51\124 of Class V wells. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx54 04 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 C. Wood treatment facilities that allow any portion of the treatment process to occur over permeable 2 surfaces (both natural and manmade). 3 D. Facilities that store, process, or dispose of chemicals containing perchloroethylene (PCE) or methyl 4 tertiary butyl ether (MTBE). 5 E. Facilities that store, process, or dispose of radioactive substances. 6 F. Other activities that the technical administrator determines would significantly degrade groundwa- 7 ter quality and/or reduce the recharge to aquifers currently or potentially used as a potable water 8 source, or that may serve as a significant source of base flow to a regulated stream. The determina- 9 tion must be made based on credible scientific information. 10 16.16.535 Review and Report Requirements. 11 A. When County critical area maps or other sources of credible information indicate that the proposed 12 development activities listed in WCC 16.16.525 occur within a critical aquifer recharge area, the 13 technical administrator shall have the authority to require a critical area assessment report and to 14 regulate developments accordingly. Critical areas assessment reports for aquifer recharge areas 15 shall meet the requirements WCC 16.15.255 and this section. Assessment reports shall include the 16 following site- and proposal -related information unless the technical administrator determines that 17 any portion of these requirements is unnecessary given the scope and/or scale of the proposed de- 18 velopment: 19 1. Available information regarding geologic and hydrogeologic characteristics of the site, including 20 the surface location of all critical aquifer recharge areas located on -site or immediately adjacent 21 to the site, and permeability of the unsaturated zone; 22 2. Groundwater depth, flow direction and gradient based on available information; 23 3. Currently available data on wells and springs within 1,300 feet of the project area; 24 4. The presence and approximate location of other critical areas, including surface waters, within 25 1,300 feet of the project area based on available data and maps; 26 5. Existing and available historic water quality data for the area to be affected by the proposed ac- 27 tivity; 28 6. Proposed best management practices; 29 7. The effects of the proposed project on the groundwater quality and quantity, including: 30 a. Potential effects on stream flow, wetlands and/or other resources, and on ecosystem pro- 31 cesses; 32 b. Predictive evaluation of groundwater withdrawal effects on nearby wells and surface water 33 features; and 34 c. Predictive evaluation of contaminant transport based on potential releases to groundwater; 35 and 36 8. A spill plan that identifies equipment and/or structures that could fail, resulting in an impact. 37 Spill plans shall include provisions for emergency response provisions as well as regular inspec- 38 tion, repair, and replacement of structures and equipment that could fail. 39 B. If the applicant can demonstrate through a valid hydrogeological assessment that geologic and soil 40 conditions underlying their property do not meet the criteria for low, moderate, or high susceptibil- 41 ity, the property shall not be considered a critical aquifer recharge area. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx55 390 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26 1 ARTICLE 5.5. AREAS WITHIN THE RURAL RESIDENTIAL DISTRICT OF LUMMI 2 ISLAND 3 16.16.540 Areas within the Rural Residential District of Lummi Island. 4 16.16.541 Exempt Wells. 5 Wells drilled as a replacement of an existing well are exempt from this article as long as the withdrawal 6 , rate is not increased by more than 20% percent of the existing well. If baseline withdrawal rate infor- 7 mation is not available, this must be established by a licensed well driller prior to well replacement. 8 16.16.542 Minimum Well Spacing for All New Wells. 9 Wells shall have a minimum of 200 feet distance between a new well and an existing operating well. 10 16.16.543 Requirements for Public Water System Wells, Non -Group B Two -Party Wells, and Nondo- 11 mestic Wells. 12 In addition to the minimum well spacing, the following measures are required for public water system 13 wells, non -Group B two party wells, and nondomestic wells. (Includes "public water system" wells and 14 non -Group B two party wells as defined under Whatcom County drinking water regulations and nondo- 15 mestic use wells pumping greater than 250 gpd. "Public water system" is defined under Chapter 24.11 16 WCC as any water system providing piped water for consumption, excluding a system serving only one 17 single-family residence and any system with four or fewer connections serving only residences on the 18 same farm. A "non -Group B two party well' is defined in Chapter 24.11 WCC as a water system Utilizing 19 using one well to serve two single-family residences for which the director of health has waived all pub- 20 lic water system requirements.) 21 A. Chloride Monitoring and Testing. 22 1. Monitoring. Well owners shall collect and have water samples analyzed for chloride concentra- 23 tion twice annually, in April and August, and submitted to the Whatcom County health depart- 24 ment. 25 2. Chloride Determinations for New Wells or Increased Pumping of Existing Wells. Applications for 26 new wells, applications to convert an existing private well into a two party well, any application 27 to expand the number of connections of a public water system, and nondomestic use wells pro- 28 posing greater than 20% peFGent increase in groundwater withdrawals in an existing well require 29 a minimum 24-hour-duration pumping test at 100% peFeent of the proposed average daily de- 30 mand, at the end of which a water sample will be collected for analysis of chloride concentra- 31 tion. Subdivisions using individual wells are required to test wells simultaneously, or alternative- 32 ly have a licensed hydrogeologist evaluate well interference and water quality changes. Subdivi- 33 sion wells shall remain accessible for future testing in the event of subdivision expansion. 34 3. Restrictions on New Wells or Increased Pumping of Existing Wells. New wells cannot be permit- 35 ted, existing private wells cannot be converted to two party wells, existing public water systems 36 cannot expand beyond their existing number of approved connections, and nondomestic wells 37 cannot increase pumping rates greater than 20% peFeent if chloride concentrations measured at 38 the end of the test specified in subsection (A)(2) of this section are greater than 100 mg/L. For 39 systems expanding 20% peFeent or less within one year, the highest chloride determination 40 within the past year in subsection (A)(1) of this section cannot be greater than 100 mg/L. 41 4. Limit on Water Use by Existing Wells. Any increase (tee 0 to 20% peFeent) in water use will not 42 be permitted if either semi-annual analysis in the previous 12-month period indicates greater 43 than 100 mg/L chloride concentration. If the semi-annual chloride determinations have not e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx56 391 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 been submitted as required, then the pump testing requirement of subsection (A)(2) of this sec- t tion shall apply. 3 5. Prior to 10 days before the pumping test, all property owners within 1,000 feet of the well loca- 4 tion shall be notified by first class mail informing them of the test and providing contact infor- 5 mation of the person responsible for the testing. 6 B. Arsenic Monitoring and Testing in the Unconsolidated Aquifer. 7 1. The following monitoring and testing is required unless the well is determined not to be located 8 in the unconsolidated sandstone aquifer. A Washington State licensed hydrogeologist must 9 make the determination in a submitted report. 10 2. Arsenic Determinations for New Wells or Increased Pumping of Existing Wells. Applications for 11 new wells, applications to convert an existing private well into a two party well, any application 12 to expand the number of connections of a public water system, and nondomestic use wells pro- 13 l posing a greater than 20% perGent increase in groundwater withdrawals in an existing well re- 14 I quire a minimum 24-hour-duration pumping test at 100% peFGeRt of the proposed average daily 15 demand, at the end of which a water sample will be collected for analysis of arsenic concentra- 16 tion. 17 3. Restrictions on New Wells or Increased Pumping of Existing Wells. New wells cannot be permit- 18 ted, existing private wells cannot be converted to two party wells, existing public water systems 19 cannot expand beyond their existing number of approved connections, and nondomestic wells 20 I cannot increase pumping rates greater than 20% motif arsenic concentrations measured at 21 the end of the test specified in subsection (13)(2) of this section are greater than 10 µg/L. 22 I 4. Limit on Water Use by Existing Wells. Any increase (tee 0 to 20%t) in water use will not 23 be permitted if the most recent arsenic determination indicated greater than 10 µg/L arsenic 24 concentration. If no arsenic concentration has been determined in the past three years, the 25 pumping test requirement in subsection (13)(2) of this section shall apply. 26 5. Prior to 10 days before the pumping test, all property owners within 1,000 feet of the well loca- 27 tion shall be notified by first class mail informing them of the test and providing contact infor- 28 mation of the person responsible for the testing. 29 16.16.544 Administrative Waiver. 30 Administrative waivers may be granted to any section of these requirements by petition to the adminis- 31 tering agency. Waiver request must demonstrate that the project is consistent with the intent of these 32 requirements; no health hazard would result from this action, and must be stamped by a licensed Wash- 33 ington State hydrogeologist. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx57 392 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ARTICLE 6. WETLANDS 2 16.16.600 Purpose. 3 The purposes of this article are to: 4 A. Recognize and protect the beneficial functions, values, and services performed by nian-y-wetlands, 5 which include, but are not limited to, providing food, breeding, nesting and/or rearing habitat for 6 fish and wildlife; recharging and discharging groundwater; contributing to stream flow during low 7 flow periods; stabilizing stream banks and shorelines; storing storm and flood waters to reduce 8 flooding and erosion; and improving water quality through biofiltration, adsorption, retention and 9 transformation of sediments, nutrients, and toxicants. 10 B- Regulate land use to avoid adverse effects on wetlands and maintain the functions, services, and 11 values of freshwater and estuarine wetlands throughout Whatcom County. 12 C. Establish review procedures for development proposals in and adjacent to wetlands. 13 I ar D. Establish minimum standards for identifying and delineating wetlands. 14 1 16.16.610 Wetlands Designation, Rating, and Mapping — —Wetlands. 15 A4---are inu ndad��sat+�ata�'p4�e�i�,.�,.fereraHR 16 &PA-d*Fa#ioR--swffieientta 5 ,; ,ter+f 17 vegetation 18 }aKslaes ia��--` 'Asa-a`r,r;riiaf-d-Feas�Wetlm rsyot_in`=lude those artificial4Rd 4.,+e. tk all., 19 0ted fr Ea i nage-4J1e* 20 nR fa eii #,es,- en+ian Far Imes wa stewater: tFeatm _ Rt f3Gilit ieS fafM 21 ^ PGRGI�, , and !a men ties, e t o w t4nd5- a-ted-a-fteF '. �l , , , aQn� F ,,£►re-�t iFlt rl- 22 tiefailyczted as a r u it of the a rt.- etien h�n a r«eet, ��p1�}II�Tl6 ¢��--w 23 c4ude hose > 4c-ia�-we`tiantd-s-ir eiz lay i r�ated to mitigat �. vxrFcc4s4-"pac-tszgwarmn�,r��� 24 tef af}l v.z ccT rmnuapsheS�y{3g�Y' nd 5�?�AT�ie4"''r� endows -are ex^pte&44-rrci4ands. So 25 1adant t� sta aim apse-wtlaf� 26 1 B-A-Wetlands shall be identif+ed-delineated in accordance with the requirements of RCW 36.70A.175. 27 Unless otherwise provided for in this chapter, all areas within the County determined to be wetlands 28 .Y,eetiRg the ^FiteFia in accordance with tla+ s-ldPntifieatien nd4)e4Aea- 29 tie +VFa��ual {€Pub-k-a-tio4-9&94}or--the U.S. Army Corps of Engineers Wetlands Delineation 30 1 Manual, 1987 Edition, and the Western Mountains, Valleys, and Coast Region supplement (Version 31 V 2.0) 2010 or as revised cwrr-L-5pond+Ag-gu4aleetteFS, re , d4Fs--ef-a-ny-ferm-a1 ide4i-fie-ati0o, are 32 hereby designated critical areas and are subject to the provisions of this article. 33 rr B.The approximate location and extent of wetlands are shown on the County's critical area maps. 34 However, this information has come from multiple sources over many years' time and is not precise, 35 only general. Thus, these maps are to be used as a guide and do not provide a definitive critical area 36 designation; a property specific assessment is necessary for that. The county shall update the maps 37 as new wetlands are identified and as new information becomes available. 38 i}C. Wetlands shall be rated based on categories that reflect the functions and values of each wet- 39 land. Wetland categories shall be based on the criteria provided in the Washington State Wetland 40 Rating System for Western Washington, revised 2014, and as amended thereafter, August 2004 41 as determined using the appropriate rating forms 42 and associated figures contained in that publication. These categories are generally defined as fol- 43 lows: 44 1. Category I. Category I wetlands are: (1) relatively undisturbed estuarine wetlands larger than 1 45 acre; (2) wetlands of high conservation value that are identified by scientists of the Washington e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx58 i6'Ii? WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 Natural Heritage Program/DNR; (3) bogs; (4) mature and old -growth forested wetlands larger 2 than 1 acre; (5) wetlands in coastal lagoons; (6) interdunal wetlands that score 8 or 9 habitat 3 points and are larger than 1 acre; and (7) wetlands that perform many functions well (scoring 23 4 points or more). These wetlands: (1) represent unique or rare wetland types; (2) are more sensi- 5 tive to disturbance than most wetlands; (3) are relatively undisturbed and contain ecological at- 6 tributes that are impossible to replace within a human lifetime; or (4) provide a high level of 7 functions. ,.,♦ 8 -1—�t-eger-y .1 ������ettand, r wry-I--W4_- andS , ►h. �.. ,. �r{af►ds $#�3Lte ai Utz LFe e' 'sF�# 9 nro#n g �u�tor n11-llit. r+Orir g fIOD d and r+r ✓i�Fwat�r; �i t� l3revad+r�g�ab�t�r F rFtt3ittC Q$ 10 +FFf' c-'ated by a ra#ng--syAe+an- ere-z-79 PeiPts 0r r.,, re e+1 t e--ft-040gy-Fati,,g fo Frn 5. These are 11 wet and communities Of7t�r#ilt+de deeus ter�I+aFaitat fersen- 12 sitivand, v k �vt t atfiri firms wits fu+ae iea r sew 13 vice s t ha t a re, , _ ry .l AG H It ., �Sible--tG4e plaee if a; e-red C-C-ategary-I vetlafads-4ic4ode !aFg-e-; 14 und+sturbed +,,. 4 , .. e+Iands, wet4a-R45-wit#-a4gh e11 beg ,e_t6W 5 +h 15 mr, L' O -a FOWth and ipte 16 2. Category II. Category II wetlands are: (1) estuarine wetlands smaller than 1 acre, or disturbed 17 estuarine wetlands larger than 1 acre; (2) interdunal wetlands larger than 1 acre or those found 18 in a mosaic of wetlands; or (3) wetlands with a moderately high level of functions (scoring be- 19 tween 20 and 22 points).Gata`� Wetlands. Igor" I lands based 20 e rthe is as iAc!4-ca#edlay� Fatic�g �yst�srore e# befivuae�F3��r � z� gip° -paints on the 21 t rm T do of wave,+ the tefi. kratrirng h„t nrcis a�-fe �,-�-n�„�-=.,�;;�- ega�y-- �F-i�fr�er�fY 22 an&44av"ua4i-ties tk4a, a. e di.Ac-u44o-F4e#lace-if a tefed- 23 3. Category III. Category III wetlands are: (1) wetlands with a moderate level of functions (scoring 24 between 16 and 19 points); (2) can often be adequately replaced with a well -planned mitigation 25 project; and (3) interdunal wetlands between 0.1 and 1 acre. Wetlands scoring between 16 and 26 19 points generally have been disturbed in some ways and are often less diverse or more isolat- 27 ed from other natural resources in the landscape than Category II wetlands.Gate gOr„ Ill Wet_ 28 have Iortant YPf`��11�w5 iRdicated by a ✓atirgg c ctem _car-e 29 n4y'n "' t- 30 , ,,m County. 31 4. Category IV. Category IV wetlands have the lowest levels of functions (scoring fewer than 16 32 points) and are often heavily disturbed. These are wetlands that we should be able to replace, 33 or in some cases to improve. However, experience has shown that replacement cannot be guar- 34 anteed in any specific case. These wetlands may provide some important functions, and should 35 be protected to some degree.Gatte ! e-tlandsGatege y IV-wet4n4s arrewQtlaAd&_t4a_t 36 4ave-been4- ig4li L Ae red _and _are � Iis�i€ed-refieufe44ay-�*-g-sy5*«IR 37 ef4e&sthan-�-3Gpai+tea+, t", 9GGiog _+ati g+ aFFn ey-ti`pic lly have -V &Fi-efsimmi4af 38 agevwwl4ass _lack spec4khabitat fea lFeS and/e,r @r.-. iear r disconnected from r.the 39 aqu�y;T}-ge'Ila�laaia-l�le�rerheless Qteg�rr�+ W-wQtlawdstia�l�a�e 40 value, as c ul ativey,#�CFILeafinNyla�1. Fole in moderating hy(jrnit.n.i Thar also have the " 41 r�ter�tiaR€gr�ccakagical�ift (�ilfer�nEe-wale ifestor�d� 42 €:D.AII wetlands shall be regulated regardless of size; provided, that hydrologically isolated Category IV 43 wetlands less than ene tenth a^re (4,356 1,000 square feet in sizel may be adversely impacted shall 44 be-exP-rgpt-4effi--*e r-egire tS_ of this Artieln when all of the following criteria are met: 45 1. The wetland does not provide significant suitable breeding habitat for native amphibian species. 46 Suitable breeding habitat may be indicated by adequate and stable seasonal inundation, pres- 47 ence of thin -stemmed emergent vegetation, and clean water; e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx59 394 WWC 16.16 Critical Areas Regulations (Council edited version) 1 2. The wetland does not have unique characteristics that would be difficult to replace through 2 standard compensatory mitigation practices; 3 3. The wetland is not located within a habitat conservation area, eras defined in WCC 4 16.16.710, or buffer and integral ai epee-4 mtatf, no;ess of a_ habitat GGR- 5 servation area; 6 7 4. The wetland is not located within a floodplain and/or not associated with a shoreline of the 8 5. 9 10 11 12 state as defined by the County's Shoreline Master Program (WCC Title 23); The wetland is not part of a mosaic of wetlands and uplands. This criterion shall be determined using the guidance provided in Ecology's Wetland Rating System for Western Washington (Pub- lication No. 14-06-02904-06-025); and The wetland is not identified as locally significant by a local watershed plan prepared pursuant to Chapter 400-12 WAC. 13 6Adverse gated pu-rsvant to-WQ-£--16-45:-89- 14 16.16.620 Wetlands — General standards. 15 The following activities may be permitted in wetlands and/or wetland buffers as specified when all rea- 16 sonable measures have been taken to avoid adverse effects on wetland functions and values as docu- 17 mented through an alternatives analysis, the amount and degree of alteration are limited to the mini- 18 mum needed to accomplish the project purpose, and compensatory mitigation is provided for all ad- 19 verse impacts to wetlands that cannot be avoided.; and. titer iAR-, IRt and rI@nroe e f akelF .tiOn erne Ii nited 20 tG-t4e n++iimum needed-te-aGeon4 144he-pfojeet puaese: 21 A. Developments ythat meet the reasonable use or variance standards asset forth in WCC 16.16.270. 22 ❑ C�.rF., .. ... t..r�3i�eharge-fet , si .� their buffers and/or f .r- - I . . . 23 la-fid-buff�(j,.ethear alternatives f.zr disrhaFge a e feasible and the diSCh. Fge it designed W 24 hf_:Lwe#land-. 25 QB. Utility lines in Category II, III, and IV wetlands and their buffers and/or Category I wetland buffers 26 when no feasible conveyance alternative is available shall be designed and constructed to minimize 27 physical, hydrologic, and ecological impacts to the wetland, and meet all of the following: 28 1. The utility line is located as far from the wetland edge and/or buffer as possible and in a manner 29 that minimizes disturbance of soils and vegetation. 30 2. Clearing, grading, and excavation activities are limited to the minimum necessary to install the 31 utility line and the area is restored following utility installation. 32 3. Buried utility lines shall be constructed in a manner that prevents adverse impacts to surface 33 and subsurface drainage. This may include regrading to the approximate original contour or the 34 use of trench plugs or other devices as needed to maintain hydrology. 35 3-.4. Best management practices are used in maintaining said utility corridors such that maintenance 36 activities do not expand the corridor further into the critical area. 37 P-.C. Public roads or, bridges , and tFa"S in Category II, III, and IV wetlands and their buffers and/or 38 Category I wetland buffers when no feasible alternative alignment is available and the road or7 39 bridgeil is designed and constructed to minimize physical, hydrologic, and ecological impacts 40 to the wetland, including placement on elevated structures as an alternative to fill, where feasible. 41D.Access to private development sites may be permitted to cross Category II, III, or IV wetlands or 42 their buffers, provided there are no feasible alternative alignments and measures are taken to main- 43 tain preconstruction hydrologic connectivity across the access road. Alternative access shall be pur- 44 sued to the maximum extent feasible, including through the provisions of Chapter 8.24 RCW. Excep- 45 tions or deviations from technical standards for width or other dimensions, and specific construction 46 standards to minimize impacts may be specified, including placement on elevated structures as an 47 alternative to fill, if feasible. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx60 395 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2E 1 E. Agricultural Uses as follows: 2 1 1. Construction of an appurtenant structure that is associated with a-P-a primary agricultural use; 3 or the reconstruction, remodeling, or maintenance of such structures in wetland buffers, subject 4 to all of the following specific criteria: 5 i. The structure is located within an existing lot of record and is an existing ongoing agricultur- 6 al use. 7 ii. There is no other feasible location with less impact to critical areas. 8 iii. Clearing and grading activity and impervious surfaces are limited to the minimum necessary 9 to accommodate the proposed structure and, where possible, surfaces shall be made of 10 pervious materials. 11 2. €*ist._ = Ongoing agric,u..ltural activities st��je�t t�he�c�,[9wing: 12 i. The activities are cgndu�ted in accordance with ally lica I�Lvisiorls of this chanter and 13 WCC Title 17 14 ii. The agricult +rural arlivily, is in compliance with the Con�er�ation Program on ricuitural 15 Lards (CP docribed in ►n►rr , c , won an.� n . Article 8 of this C aflteG 16 F. Domestic wells serving single-family developments (including plats, short plats, and individual single- 17 family residences) and necessary appurtenances, including a pump and appropriately sized pump 18 house, but not including a storage tank, in wetland buffers when all of the following conditions are 19 met: 20 1. There is no viable alternative to the well site outside of the buffer and the well is located as far 21 back from the wetland edge as is feasible; a4i4 22 2. The well is more than 75 feet deep; and 23 2-3.Any impacts to the wetland and buffer from staging equipment and the well -drilling process are 24 mitigated. 25 G. Stormwater management facilities. 26 3-1. Stormwater management facilities, limited to detention/retention/treatment ponds, media fil- 27 tration facilities, and lagoons or infiltration basins, or bio-retention cells (engineered or 28 raingardens) may be permitted within the outer 50% perGent of a Category II, III or IV wetland 29 buffer; provided, that: 30 i. Construction of the stormwater facility does not displace or impact a forested buffer; 31 ii. The width of the buffer between the stormwater facility and the wetland edge is not less 32 than the low intensity land use buffer standards in WCC 16.16.630: 33 iii. There is no other feasible location for the stormwater facility and the facility is located, con- 34 strutted, and maintained in a manner that minimizes adverse effects on the buffer and ad- 35 jacent critical areas; 36 iv. The stormwater facility is designed to mimic and resemble natural wetlands and meets ap- 37 plicable county or state stormwater management standards and the discharge water meets 38 state water quality standards; and 39 v. Low impact development approaches have been ensidered ;;PA -implemented to the maxi- 40 mum extent feasible per the Department of Ecology Stormwater manual. 41 4.2. Surface water or sStormwater conveyance or discharge facilities such as dispersion trenches, 42 level spreaders, and outfalls may be permitted within a Category III; or IV wetland buffer on a 43 case -by -case basis when the technical administrator determines that all of the following are 44 met: 45 i. Due to topographic or other physical constraints, there are no feasible alternative locations 46 for these facilities in the outer buffer area or outside the buffer. 47 ii. The discharge is located as far from the wetland edge and/or buffer as possible and in a 48 manner that minimizes disturbance of soils and vegetation. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx6l 396 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26 1 iii. The discharge outlet is designed to prevent erosion and promote infiltration. 2 4-iv. The dispersion outfall is within the outer 25% of the buffer. 3 Fr.H. Passive recreation facilities that are part of a nonmotorized trail system or environmental edu- 4 cation program, including walkways, wildlife viewing structures, a4; -or public education trails 5 ,.,otl-,...J ► uffei provided, that all of the following criteria are met: 6 1. Private trails shall not exceed 46 feet in width, and public tTrails shall not exceed 10 feet in 7 width. 8 -1-.2.-,a4:i4-They shall be made of pervious material or on an elevated stFuGtuFe where feasible. 9 3. They shall be designed to avoid removal of significant trees. 10 4. When located in the buffer, T" erthey €aeility-is-should be located in the outer 25%9 per- 11 Gent of the buffer. 12 -2-.5. aFeRr and should be .lesignea to , „id - ..i of significant trees.If they must cross a wetland, 13 they shall be elevated, constructed to minimize supports, and be the minimum size necessary to 14 accommodate the level of service. 15 3-.6.They trail and eF facility is shall be constructed and maintained in a manner that minimizes dis- 16 turbance of the buffer and associated critical areas. 17 18 19 _ 20 21 22 I. Single-family developments may be permitted to encroach into wetland buffers subject to the tech- 23 nical administrator's approval; provided, that all of the criteria in WCC 16.16.270(A) (Reasonable 24 Use) are met. 25 J. On -site sewage disposal systems (OSS) may be permitted in wetland buffers when accessory to an 26 approved residential structure: 27 1. WhenTit is not feasible to connect to a public sanitary sewer system and 28 2. It is located as far as possible from the wetland; and, 29 3. -wWhen it is operated and maintained in accordance with WCC 24.05.170; provided, that ad- 30 verse effects on water quality are avoided. 31 JL K. Phosphorus reducing BMP structures approved and installed through the Homeowners' Improve- 32 ment Program (or as may be renamed) within the Lake Whatcom watershed to treat runoff from ex- 33 isting development may be permitted within the outer 50% percent of a Category II, III or IV wetland 34 buffer. 35 16.16.630 Standards - Wetland Buffer Widths. 36 The technical administrator shall have the authority to require buffers from the edges of all wetlands (in 37 addition to the building setback required by 16.16.265(D)) in accordance with the following: 38 A. Wetland buffers shall be established to protect the integrity, functions and values of the wetland. 39 Wetland buffers shall be measured horizontally from a perpendicular line established byte the wet- 40 land boundary based on the base buffer width identified in Table ledge an all sides as FRaF ed it; the 41 4e44. Buffers shall not include areas that are functionally and effectively disconnected from the wet- 42 land by an existing, legally established road or other substantial developed surface... 43 B. The buffer standards required by this article presume the existence of a dense, multi -storied native 44 vegetation community in the buffer adequate to protect the wetland functions and values. When a 45 buffer lacks adequate vegetation, the technical administrator may increase the standard buffer, re- 46 quire buffer planting or enhancement, and/or deny a proposal for buffer reduction or buffer averag- 47 ing. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx62 397 WWC 16-16 Critical Areas Regulations (Council edited version) 9/26/17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 C. The standard buffer shall be based on a combination wetland category, habitat function score (from the wetland rating form), and land use intensitye-n-the4ntef.�si*" "r44xKed-iand use and +h^ f-uroc-tions-and-v-a-I+x-s--p- v cied by e-wetlaii . The intensity of the land use shall be determined in accordance with the definitions ^found in Article of this chapter unless the technical ad- ministrator determines that a lesser level of impact is appropriate based on information provided by the applicant demonstrating that the proposed land use will have a lesser impact on the wetland than that contemplated under the buffer standard otherwise appropriate for the land use, as speci- fied in Section 16.16.640. D. Standard buffer widths are shown in Table 1. However, Category I or II wetlands with "special char- acteristics" as determined and defined through the Washington State Department of Ecology (2014) Wetland Rating System (including Estuarine, Coastal Lagoons, Wetlands of High Conservation Value, Bogs, Forested, and Interdunal wetlands) only buffers in the highest habitat score (8-9) group are �a^pplied. t,, ,., ♦�� 4.I_heFe are thr `iblestan ff C 5eeRa kK,4ste44n [Ht Table 1. Standard Wetland Buffer Widths Category II 8-9 300 225 150 5-7 150 110 75 < 5 100 75 50 8-9 275 150 100 5-7 150 110 75 < 5 80 60 50 8-9 150 110 75 5-7 150 100 60 < 5 80 60 50 8 — < 5-9 50 40 25 57 58 49 2-5 45 59 49 2_5 * Definitions for high, moderate, and low intensity land use are provided in Article 8 of this chapter. -Por;A Rd544a04ave a h ig h�v'cII-,ITVF ul- Ctitl+F-FtfY.,-1F11Fi1#Ii7 -,.lfdi�3�iiat as 0ndir-a e i h.` �I�t-fupe#9R score of 4 }r 67❑ .,., nts ^ e rYhi la Geis -fi rre the b*ffe-r-5-,h4lPLbe as fGflow&: Watland Gatego Wgh Moderate LOW C t egG42V-I w9 2i5 1_50 Caateg@�V-14 2-7-5 4-59 400 e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx63 No WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 Cate-s" W 1W 149 75 9ateg©+# 58 49 2-5 I•� Y3CYH�ttrV �i-�i�FF-�$t! ari: ro cc-�rn � f��i�W--n-rrcr�-C� land use arc a fi.-ir-, rInAA rYtk4e �T� p i�}� �T 1 � �:--�e�wet#a�s�r�,a�e•a•-l�adei-a�a la,.�,�f•i$�-#e�-wFf�i#e-k�ak�it�t-as--i�a�•+c-a��y-a�kai#•a� 2 funiction r are of 20 to lac to 7 +� ha etinr i•s9i�r,c-`:: �-ra„£�--C��w&4Fm-.4i7E43E4eF53haii--be-d5-fb::HYd-s, obi Gatego ktigh 4"W-A Nleaierat$ LAW Wafer Wildth (feet) r'+�y-: 1-59 149 75 Ga 1-59 149 75 Category 444 1.-59 4-00 69 rc:y W 59 49 25 Nil-iGf;l-,fGr-- igh, m te andi6H intern Fty ie�fi�FS@-zlf�•�%fn,vv,c c�±f+-A�cF£-iE-�•$��ii•S-C-ia2j3- 3 1 G. for wml. ife. 4 bota4 �- „�rlica*n by atiab"tttn7t ,o-n 4 a s fIJ I Oc WS ;AFe02nd Gatege Nligb IRWAS4V mate 6eW 'r Suffer Widah (feet) E'a-teg-s O IA9 -5 59 C4teger L44 I-W 75 59 Category g9 59414 59 to Y 59 49 2-5 9e#��i-tfvi�s#or-ki+gEa� q�-Q;x�-4n�u�e�s+t� 4 of this chap- 5 H--- 8PGa ;; Tomis a laFge increa r., wi4t*a&saC-+ate+s a o ne ^ 0 nt ; n eFe a Se 4k#e--hab4a"GG Fe, 6e#�ekx�iidrF�F#s�iater�ediate�-tl�e �1eregE�ireel#�i ie-sasefa 9 0# 7 this fiG nr�ra-areathe h ra`ffeFiN44fi4s4l4i-uemeots of 20 f^e+ f^r��"^'" peon. irnr�c-r-e�an�rnc -i'nrT e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx64 399 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 the<laab w+th-guidance-developed-44he-De,,,r*°. eF;t of r slog i lAl lands 2 4�W4&faiRgtsf,�-Site--VIA -me 2: r_,.,daRce fG nrafi-e1ftJO- , , 3 05-A6-GW. 4 16.16.640 Stawaa; ds Wetland Buffer Reduction. 5 The technical administrator shall have the authority to reduce the standard buffer widths identified in 6 WCC 16.16.630; provided, that the general standards for avoidance and minimization per WCC 7 16.16.260(A)(1)(a) and (b) shall apply; and provided further, that all of the following apply: 8 A. The buffer reduction shall not adversely affect the functions and values of the adjacent wetlands; 9 B. The buffer of a Category I, 9-11, or III wetland shall not be reduced to less than 75% ;:_ of the 10 required buffer or 50 feet, whichever is greater; 11 C. The buffer of a Category 111 or IV wetland shall not be reduced to less than 50% )ref clent of the re- 12 quired buffer, or 25 feet, whichever is greater; 13 D. The applicant implements all reasonable measures to reduce the adverse effects of adjacent land 14 uses and ensure no net loss of buffer functions and values. The-&pe-AeSuch measures may that 15 be implemented include, but are not limited to, the following: 16 1. Direct lights away from the wetland and buffer. 17 2. Locate activities fadlities that generate noise ^ a-1f-,cturrRg indWStFi 18 ,i and FeGFeatmenal faeiiities- away from the wetland and buffer. 19 3. Route all new, untreated runoff away from wetland while ensuring wetland is not dewatered. 20 -3-.4. Establish covenants limiting use of pesticides within 150 feet of wetland. 21 4.5. Apply implemen-E-integrated pest managementPF9gFar9s. 22 6. Retrofit stormwater detention and treatment for roads and existing adjacent development. 23 7. Prevent channelized flow from lawns that directly enters the buffer. 24 -5-.8. Infiltrate or treat, detain, and disperse runeff into buffer new runoff from impervious surfaces 25 and new lawns. 26 6.9. Post signs at the outer edge of the critical area or buffer to clearly indicate the location of the 27 critical area according to the direction of the County. 28 10. Use privacy fencing. 29 _7�_. 11. Plant b-ufk-=with dense native vegetation appropriate for the Fegie R County to delineate 30 buffer edge and to cxeate—,er-eer+srG�4liar nyors tc� wise }fight; k + arm r ! 31 courage disturbancedd r animal intFusmor 32 9-.12. Use low impact development where appropriate. 33 13. Establish a permanent conservation easement or tract to protect the wetland and the associat- 34 ed buffer. 35 9 14. Use best management practices to control dust. 36 16.16.650 Standards =Wetland Buffer Averaging. 37 The technical administrator shall have the authority to average wetland buffer widths on a case -by -case 38 basis; provided, that the general standards for avoidance and minimization per WCC 16.16.260(A)(1)(a) 39 and (b) shall apply, and when all of the following criteria are met: 40 A. The buffer averaging does not reduce the functions or values of the wetland; 41 B. The total area contained in the buffer area after averaging is no less than that which would be con- 42 tained within the standard buffer, and all increases in buffer dimension for averaging must be gen- 43 erally parallel to the wetland boundary to avoid creating buffer "panhandles" unless it constitutes 44 an esseeti4wildlife corridor; 45 C. The wetland contains variations in sensitivity due to existing physical characteristics or the character 46 of the buffer varies in slope, soils, or vegetation; e:\exh a -chapter 16-16 - 2017-09-26 draft with council edits (unprotected).docx65 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 D. The minimum buffer width of a Category I, a ll, or III wetland shall not be less than 75% peFeent of 2 the widths established under WCC 16.16.630; or 50 feet, whichever is greater; 3 E. The minimum buffer width of a Category l4! oF IV wetland shall not be less than 50% peFeent of the 4 widths established under WCC 16.16.630; or 25 feet, whichever is greater; and 5 F. The buffer has not been reduced in accordance with WCC 16.16.640. Buffer averaging is not allowed 6 if the buffer has been reduced. 7 16.16.660 Standards — Wetland buffer increases. 8 The technical administrator shall have the authority to increase the width of the standard buffer width 9 on a case -by -case basis when there is sound evidence that a larger buffer is required by an approved 10 habitat management plan as outlined in WCC 16.16.750, or such increase is necessary to: 11 A. Protect the function and value of that wetland including, but not limited to, compensating for a 12 poorly vegetated buffer or a buffer that has a steep slope (greater than 30 ); or 13 B. Prevent windthrow damage; or 14 C. Maintain viable populations of species such as herons and other priority fish and wildlife; or 15 D. Protect wetlands or other critical areas from landslides, erosion or other hazards. 16 16.16.670 Review and reporting requirements. 17 I A. Review PF0�_ ^F Non S;ngle_ca ily Devel,,.,.,.,^.,* When County critical area maps or other 18 sources of credible information indicate that a site proposed for development or alteration may 19 contain or abut wetlands or wetland buffers, the technical administrator may require a site evalua- 20 tion (reconnaissancefield *Rvestiga ^^) or critical area assessment report by a qualified professional 21 to determine whether or not a regulated wetland is present and, if so, its relative location in relation 22 to the proposed project area or site. If no regulated wetlands are present, then wetland review will 23 he mmidered co nplete. 24 A:B.If the technical administrator determines that a wetland is more likely than not present, the tech- 25 nical administrator shall require a wetland assessment report pursuant to WCC 16.16.255 and sub- 26 section B of this section. - 27 �ete. 28 C. A wetland assessment is an element of a critical area assessment report that describes the charac- 29 teristics of the subject property and adjacent areas and must �,o ,..,,,�;�*^,,, ,.,;fh WCC , c , 6 . The 30 wetland assessment shall include the occurrence, distribution, delineation, and determination of the 31 wetland category and standard wetland buffers as set forth in WCC 16.16.630. The iRyestigation 32 Oa 1 1 a 1so 9sGIwde field ;dent;f cation a nd a A of -CIE We tili-4 Pei L..,1,...- al:;Pc (wmt , dP- 33 AReations f elel flagged and left in ;he field f^. county veFifisat:^R), and may include analysis of his- 34 torical aerial photos, and review of public records, aAd iRteFviewswith-a-eljae-ent PFGPerAY-4wnaer-s 35 43-0. A wetland aAssessment Feperts shall include the following site- and proposal -related infor- 36 mation unless the technical administrator determines that any portion of these requirements is al- 37 1 ready required by Article 2, or unnecessary given the scope and/or scale of the proposed develop- 38 ment: 39 1. Location information (legal description, parcel number, and address); 40 -1-.2. A vicinity Map; 41 3. A site plan that includes scale, and wetlands and associated buffers and proposed development 42 if appropriate; 43 1 2-.4.A qualitative written assessment and accompanying maps of critir-al areaswetlands and buffers 44 within 300 feet of the site and an estimate of the existing acreage for each. For on -site wetlands, 45 the assessment shall include the dominant and subdominant plant species; soil type, color and 46 texture; sources of hydrology (patterns of surface and subsurface water movement, precipita- e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx66 401 WWC 16.16 Critical Areas Regulations (Council edited version' 9/26/17 1 tion, etc.); topography; and other pertinent information. The assessment of off -site wetlands 2 shall be based on available information and shall not require accessing off -site properties; 3 _C,. r tfiYn r n�C,�r ,can u��.nc and a datailed description of the effects of the pre —red vca-crr 4 devipaaea-vv�tlafxa�ffer��t}er���aale +r�cJ+���g treF ^��ret�vetlar�dis- 5 wr-banee- a.. _@ of_h offer reduction 1 r•lUdinr..• oEu _ nta Firs. that functions and 6 ties-w•ill-P,0iae-a-dver-sely-affec44"y4l- -re twt4o-Raver-ag+" as,-o-f-steer-water mar:�- 7 ageff}e:�WGsr_h 9oln �� i'yr r- lR h•_, s to at al drainageor infiitra+ir.n r edr 8 s al+d-their hab -at-,,,, £-�F affaFvd- lr d i ng impacts;; 9 tem pefafy cen ctru etinn-imp rtr _ nel effects 0f i _ .. fl-n$r$�light .r - 10 5. res a€ the �g builds -fa ',�T�Itkae��tfEr 11 arkinn lots, „t;li+ies, water "^rair.r etc ;Wetland Analysis. an analysis of all wetlands and buffers 12 (to the extent they can be legally accessed) including, at a minimum, the following information: 13 i. Wetland delineation conducted by a qualified professional and completed in accordance 14 with WCC 16.16.610(A). 15 ii. The wetland boundary shall be marked in the field (with flagging left in the field for 16 Whatcom County verification and placed high enough to allow line of sight with vegeta- 17 tion growth) and surveyed using a methodology appropriate to scale of development. 18 The surveyed wetlands areas shall be mapped showing location and size of all wetlands. 19 Methodology used shall be in the report with description of equipment (specs), accura- 20 cy, and pertinent description of how the coordinates where gathered. 21 iii. Determination of each wetland size. 22 iv. Description of each wetland class and category. 23 V. Description of overall water sources and drainage patterns on site. Include all streams 24 and drainages (Type S, F, Np, or Ns streams), shorelines, floodplains, flood prone areas 25 vi. Description of vegetation, hydrologic conditions, and soil and substrate conditions. 26 vii. Description of wildlife and habitat. Include all critical habitat for threatened and endan- 27 gered species within 300 feet of the development footprint. 28 viii. Topographic elevation, at two -foot contours provided by Whatcom County PDS for sin- 29 gle family proposals. 30 ix. Functional assessment of the wetland and adjacent buffer using a local or state agency- 31 recognized method and including the reference of the method and all data sheets. 32 X. Standard buffer requirements for each wetland. Copies of the wetland rating forms and 33 associated figures from the Ecology Wetland Rating System for Western Washington, as 34 amended 35--C-*es f t ^-fat+ng €sr r�„� a;�iate�ligufrt�^-p�":etiaFid Ra�ys- 36 tc frrcrr=v�tciirrnaaiiik}F7^c�su"'err'f-�I�)�}i�}lirncavr+r:v. 1 6-G2-90R_n�5)7 37 exacleea#4an-o-a4-weta-nE1 faeup4a�ie5 F,14all e-de- 38 tef-mi-nL-d-tikFough--the performance of a field ir...estigation by a q ed-we-tland pre€e5sional 39 aia ing-the U.S. Cn g+r�ees Vl�et nds-0e�ir ian Mar.:��', soQ� ra, �;:R; afw4he 40 W4{.Mountains, al4eyan l rr ter+ o^, ^- amquT�_.,+ rv^rri.,., 41 Was4irtg-ter+-State Wetlar�s Ide�ifiEatief3 aa>f�B� rimed-by�� 42 36:7n� �, 1:75 (E elegy-P-ub1+Eat+e�. 1a14-94-°^�-r'�T"^ ��^�d-h 9 V nda Fy-sha1�r*ed iR t h 2 finel r 43 arxrfveyedk�v� �f�apped six�vu�rg',.^^.* size 44 wett"d 5, The Tech R ca!Ad Fmn...:r af. ... quest verification of the wetland delineation 39,: 45 N42 , -- y C E.g z efH3 -high-degfeP Q f ;KG-W Faey is 46 ble regu atiOnS aR requirements. 47 --Wet4cand 9efioeat4R-Regtr+rerne+its. Tk-fGl4ew+ngareFegwmir'-e - �•� ^c a ,+la , 4elin- 48 eation repel e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx67 402 NWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 -4w-Fepa rt. shall be prepared h.,-a ^ a1:fied pFofe}&oa4Gr-wA-_Pao4 who meets the m:ni 2 m1fR4e4q+44ann ents-a F,-defi ned4n4la+rr6 h a p te f: 3 aps,.Tfae wet1a_PA -e_Ii aeafiian re{a,�rfi Sksa�l +taelkrde the �di,;�^,.,,. T 4 rj —Par���.g, th-A34��0Wygp J� l h n 7!1!1 font of the development feet 6 pr4w-tm1essccess is de +ed ira wFI iF}g-fay-tbe-ad}acef4t-pFepE ty ©wr re Pa reel--FYW-5h4 7 includel�strFn rl �r�y� _7 3`�r5 s Feams) shorr�iiRps, fl.-..-.r plkain 8 specs w+thr P450 9 feet of the development_ r__#- xr.nt F' 10 To p og Fap4lc-+Aap44aSe4-f3"tV-er su FN2yed 11 ARC 4�49prmnnt proposal with aGeurate scale. 12 n,a fen-rep@Ft shall 13 tte the exteRt the ran be legally 14 Pr4pt ine1„ tk F}4Gwiag= r+ r 15 -W"and delis _ ati 16 -T4e veOand-borLinda-ries shall be strrveyed-by-a4k-ensed s�vey acing arr e l +valelat 17 method Of PIUS a F .,., $f3e4eot-e�-a-SiiFVEy: 18sip 19 -Des eategery: 20cr yFces a 1 lrainage patterns on site. te 21 _Description of ���,-l�ydrele�yy--Een-[f�tln nrand i�-r�itl--}tFiy7�-r-a�-�c�tt#ttiQ{�}ry-. 22 — escrotiowaf- �' d habitat, ice .,•r 23 To r,h e,4_ �+'., � �+ we-fGot co toFi;r 24--f-ufc:�oPa1,-,sessm an* ofthe,;e4an4-r-1d ad a�rtas4%-a-leeal-&r-Aate ag*_ 25 of naethed aim a da#a sl t5� 26-5tafdaFd Ib"_'. , ^}s fo-cw4+4i-et#an4 27 ii. Site Plan asseciatedar�d�ra{�ese�#des►el- 28 epmeet 29 G. Reviewor s fFor single-family �'^vcveloprnentbuilding permits, : The f$lkwA g-ap#+ei} 30 w4erl devela�* of a sinl,--fan+i4y-dwe4-ig4s,-pr-opened-op a si} , t►„t .,+, +kiA�t- 31 landUffeF 32 ICE.Ara-as-sess�rre-nt Fe-p all be rgq lied w13eFz tlae�i"wily dwell+ng a adasseeiated ease es are 33 o&ed-w+t4'vin--gi4c-wet4aa-d-^v, n aFd bri#f-e-ref-a regOa-ted-wegand. Tthe applicant may hire a 34 qualified professional to prepare the assessment report or may request that the County assess the 35 regulated wetland(s) and buffers and determine the impacts associated with the project, subject to 36 the following: 37 1. Field investigation by County staff shall be at the discretion of the technical administrator and 38 subject to workload and scheduling constraints. 39 2. Fees for County staff services shall be in accordance with the unified fee schedule. 40 features are iactec�as�+e 41 standard b Lk #er-reg444re d-tnle r War , r_ � (;e-eiaereac mom, nt), no asse+ssme n#r-ep�GF"#a4 42 be FequiFed. 43F. If a regulated wetland buffer from a neighboring property extends onto a proposed development 44 site for which review under this chapter is required, the technical administrator shall have the au- 45 thority to have the „utheFit„ to require that deterrent devices (e.g., split -rail fence-eFpene ' 46 ram. -be placed at the edge of the buffer in accordance with WCC 47 16.16.265. The applicant shall provide written documentation that no buffer encroachment will oc- 48 cur. The documentation shall be in the form of a letter or similar affidavit. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx68 403 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 16.16.680 5-tandards—Wetland Mitigation. 2 In addition to the applicable general protective measures found in WWC 16.16.265, Aactivities that ad- 3 versely affect wetlands and/or wetland buffers shall include mitigation sufficient to achieve no net loss 4 of wetland function and values in accordance with WCC 16.16.260 and this section. 5 A. In determining the extent and type of mitigation required, the technical administrator s4 4may 6 consider all of the following when applicable: 7 1. The ecological processes that affect and influence critical area structure and function within the 8 watershed or sub -basin; 9 2. The individual and cumulative effects of the action upon the functions of the critical area and 10 associated watershed; 11 3. Observed or predicted trends regarding the gains or losses of specific wetland types in the wa- 12 tershed, in light of natural and human processes; 13 4. The likely success of the proposed mitigation measures; 14 S. Effects of the mitigation actions on neighboring properties; and 15 6. Opportunities to implement restoration actions formally identified by an adopted shoreline res- 16 toration plan, watershed planning document prepared and adopted pursuant to Chapter 90-82 17 RCW, a watershed plan prepared pursuant to Chapter 400-12 WAC, a salmonid recovery plan or 18 project that has been identified on the Watershed Management -Sal^^^^ °^^Aaye Board Habitat 19 Project List or by the Washington State Department of Fish and Wildlife as essential for fish and 20 wildlife habitat enhancement, a fully authorized mitigation bank (§16.16.260(f), or an in lieu fee 21 program. 22 B. Type of Mitigation. 23 1. Wetland Alterations. Compensatory mitigation projects shall restore, create, rehabilitate, en- 24 hance, and/or preserve equivalent wetland functions and values pursuant to no net loss of func- 25 tion and area. Compensation for wetland alterations shall occur in the following order of prefer- 26 ence: 27 a. Reestablishing (also referred to as restoring) wetlands on upland sites that were formerly 28 wetlands. 29 b. Creating wetlands on disturbed upland sites such as those consisting primarily of nonnative, 30 invasive plant species. 31 c. Rehabilitation of existing wetlands for the purposes of repairing or restoring natural and/or 32 historic hydrologic functions. 33 d. Enhancing existing significantly degraded wetlands. 34 e. Preserving Category I or II wetlands that are under imminent threat; provided, that preser- 35 vation shall only be allowed in combination with other forms of mitigation and when the 36 technical administrator determines that the overall mitigation package fully replaces the 37 functions and values lost due to development. 38 Buffer Alterations. Compensatory mitigation for buffer impacts: 39 a. Sshall be consistent with WCC 16.16.630, 640, 650, and 660; and, 40 fib. May include enhancement of degraded buffers by planting native species, removing struc- 41 tures and impervious surfaces within buffers, and other measures to achieve equivalent or 42 greater buffer functions. 43 C. Mitigation Ratios. 44 1. Compensation for wetland buffer impacts shall occur at a minimum 1:1 ratio on an area basis. 45 2. Compensatory mitigation for wetland alterations shall be based on the wetland category and 46 the type of mitigation activity proposed. The replacement ratio shall be determined according to 47 the ratios provided in the table be! Table 2; provided, that the replacement ratio for preser- 48 vation shall be 10 times the ratio for reestablishment or creation. The created, reestablished, e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx69 I'I WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 rehabilitated, or enhanced wetland area shall, at a minimum, provide a level of function equiva- lent to the wetland being altered and shall be located in an appropriate landscape setting. QnnlaGemnn4 patio* Wetland Gatepfy eesfalgishmeat4�at+on Reh;ib"Otatonn f=nhanrmment /lnhi Category -I NG-alteration-a4ewed-unlesrrar�-E-ssential-P-ubliG-FaCA4y Sategery 4 34 64 42-4 Category 14 1 2-1 44 94 Category- IV !Ra#io is the -replacement -area. irapasWtea 3 3. The mitigation ratios noted aheve in Table 2 shall not apply to mitigation banks as defined by 4 this chapter. Credit and debit procedures for mitigation banks shall be determined in accord- 5 ance with the mitigation banking provisions outlined in WCC 16.16.260(F). 6 + Table 2. Mitigation ratios for projects in western Washington Category Re- Rehabilitation Re-establishment Re-establishment Enhancement and Type of establishment Only or Creation (R/C) or Creation (R/C) Only Wetland or Creation and Rehabilitation and Enhancement Impacts (RH) (E) All Category 1.5:1 3:1 1:1 R/C and 1:1RH 1:1 R/C and 2:1 E 6:1 IV All Category III 2:1 4:1 1:1 R/C and 2:1 RH 1:1 R/C and 4:1 E 8:1 Category II Case -by -case 4:1 Rehabilitation Case -by -case Case -by -case Case -by -case Estuarine of an estuarine wetland All other 3:1 6:1 1:1 R/C and 4:1 RH 1:1 R/C and 8:1 E 12:1 Category ll Category I No alteration allowed unless an Essential Public Facility J 7 D. Replacement Re-established or created wetlands established pursuant to these mitigation provi- 8 sions shall have adequate buffers to ensure their protection. The buffer shall be based on the cate- 9 gory of the reestablished, created, rehabilitated, enhanced, or preserved wetland; p ed, that 10 the technical ad. , 11 c-Gnst��zs (s eh as a Fead)_ Fohibit attain Me At Of the tandaFd bAe F. ReplareMeillt Wet'aAGIS rh�ll 12 not create buffelF encumbFaAG@5 eR adjoining prepeFtie . 13 E. The technical administrator shall have the authority to adjust the replacement ratios when one or 14 more of the following apply: 15 1. When a combination of mitigation approaches is proposed. In such cases, the area of altered 16 wetland shall be replaced at a 1:1 ratio through reestablishment or creation, and the remainder 17 of the area needed to meet the ratio can be replaced by enhancement or rehabilitation using 18 Table 2. - 2 From Wetlands in Washington, Volume 2, Appendix 8C, Guidance on Widths of Buffers and Ratios for Compensa- tory Mitigation for Use with the Western Washington Wetland Rating System, Table 8C-11. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx70 DIN WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 x a s .1'.... . i1:TST�I:iR[ 3 2. When the project proponent has a demonstrated ability, based on past performance, to suc- 4 cessfully design, construct, monitor and maintain wetland mitigation projects/sites. 5 3. When use of the guidance for Calculating Credits and Debits for Compensatory Mitigation in 6 Wetlands of Western Washington (Department of Ecology Publication #10-06-011, as amended) 7 results in a lower mitigation ratio than the standard ratios.rn'n rneeting, the Feq; ;fe 4a i$s 8 Ehar—*e:p an e #er-wise appropriate 9 10 11 12 site. 4 — ra red e ►a to-st iast +s s-R-42-�nd-{ 3}-Gf�-t-ins-sec4ie•I 5-haIkbe-at-least 68-pe{ ce4,t-af4he standa G -ef4#ii&-,e-&4Gr-,.a ;plot be4es,51han-a 1;1 Fat*e. 13 F. Compensatory mitigation shall be provided on -site or off -site in the location that will provide the 14 greatest ecological benefit and have the greatest likelihood of success; provided, that mitigation oc- 15 curs as close as possible to the impact area and within the same watershed as the permitted altera- 16 tion. This provision may be waived upon demonstration through a watershed- or landscape -based 17 analysis that mitigation within an alternative sub -basin of the same basin would have the greatest 18 ecological benefit and the greatest likelihood of success; provided, that limiting functions shall not 19 be removed from sensitive watersheds identified in WCC Title 20. Mitigation shall occur within WRIA 20 1 or 3. 21 G. All mitigation areas shall be protected and managed to prevent degradation and ensure permanent 22 protection of critical area functions and values-iPAG-pef-pel+ity. Permanent protection shall be 23 achieved through deed restriction or other protective covenant in accordance with WCC 16.16.265. 24 H. Where feasible, mitigation projects shall be completed prior to activities that will disturb wetlands. 25 In all other cases, mitigation shall be completed as quickly as possible following disturbance and pri- 26 or to use or occupancy of the activity or development. Construction of mitigation projects shall be 27 timed to reduce impacts to existing fish, wildlife and flora; provided, that the technical administrator 28 may adjust the timing requirements to allow grading, planting, and other activities to occur during 29 the appropriate season(s). 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 16.16.690 Standards - Compensatory Wetland Mitigation Plan. A. In addition to meeting the requirements of WCC 16.16.260(B), a compensatory mitigation plan for wetland and wetland buffer impacts shall meet the following +e"ireme-nts: 1. Provide an analysis of existing wetland functions and values and a detailed description of the ef- fects of the proposed development on wetland and buffer function and value, including the area of direct wetland disturbance, area of buffer disturbance, area of buffer reduction, and area of buffer averaging, including documentation that the functions and values will be increased through reduction or average; effects of stormwater management; proposed hydrologic altera- tion including changes to natural drainage or infiltration patterns; effects on fish and wildlife species and their habitats; clearing and grading impacts; temporary construction impacts; and effects of increased noise, light, and human intrusion. -1-.2. The plan shall be based on applicable portions of the Washington State Department of Ecology's Guidelines for Developing Freshwater Wetland Mitigation Plans and Proposals, 2004, or other appropriate guidance document that is consistent with best available science. -2-.3.The plan shall contain sufficient information to demonstrate that the proposed activities are lo- gistically feasible, constructible, ecologically sustainable, and likely to succeed. Specific infor- mation to be provided in the plan shall include: The rationale for site selection; e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx7l M WWC 16.16 Critical Areas Regulations (Council edited version) 9/26 1 b. General goals of the plan, including wetland function, value, and acreage; 2 c. Description of baseline (existing) site conditions including topography, vegetation, soils, hy- 3 drology, habitat features (i.e., snags), surrounding land use, and other pertinent infor- 4 mation; 5 d. Field data confirming the presence of adequate hydrology (surface and/or groundwater) to 6 support existing and compensatory wetland area(s); 7 e. Nature of mitigation activities, including area of restored, created, enhanced, rehabilitated 8 and preserved wetland, by wetland type; 9 f. Detailed grading and planting plans showing proposed post -construction topography; gen- 10 eral hydrologic patterns; spacing and distribution of plant species; size and type of proposed 11 planting stock; watering or irrigation plans; and other pertinent information; 12 g. A description of site treatment measures including invasive species removal, use of mulch 13 and fertilizer, placement of erosion and sediment control devices, and best management 14 practices that will be used to protect existing wetlands and desirable vegetation; 15 h. A demonstration that the site will have adequate buffers sufficient to permanently protect 16 the wetland functions-m--pefpewit-y. 17 B. All compensatory mitigation projects shall be monitored in accordance with WCC 16.16.260(C) for a 18 period necessary to establish that performance standards have been met. The technical administra- 19 for shall have the authority to extend the monitoring period for up to 10 years and require addition- 20 al monitoring reports when any of the following conditions apply: 21 1. The project does not meet the performance standards identified in the mitigation plan. 22 2. The project does not provide adequate replacement for the functions and values of the impact- 23 ed critical area. 24 3. The project involves establishment of forested plant communities, which require longer time for 25 establishment. 26 C. Reports shall be submitted annually for the first three years following construction and at the com- 27 pletion of years five, seven and 10 if applicable to document milestones, successes, problems, and 28 contingency actions of the compensatory mitigation. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx72 407 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2E 1 ARTICLE 7. HABITAT CONSERVATION AREAS (HCA) 2 16.16.700 Purpose. 3 The purposes of this article are to: 4 A. Protect, awlrestore, and Mmaintain native fish and wildlife populations;-espee.a4y-pF"-4a4iorf-,�qf 5 aT ;,na h spe s; by protecting and conserving val-able fish and wildlife habitat and pro- 6 tecting the ecological processes, functions and values, and biodiversity that sustain these resources. 7 B. Protect marine shorelines, valuable terrestrial habitats, lakes, and -ponds, and na�ral rivers, and 8 streams and their associated riparian areas, and the ecosystem processes on which these areas de- 9 pend. 10 C. Regulate development so that isolated populations of species are not created and habitat degrada- 11 tion and fragmentation are ave+dedminimized, espeeially along FipalFiaR rMOF 12 D. Maintain the natural geographic distribution, connectivity, and quality of fish and wildlife habitat 13 and ensure no net loss of such important habitats, including cumulative impacts. 14 � 16.16.710 Habitat Conservation Areas — Designation, Mapping. and Classification 15 tiew-areas. 16 A. Habitat conservation areas, as defined in Article 9, are those areas identified as being of critical im- 17 portance to the maintenance of certain fish, wildlife, and/or plant species. These areas are typically 18 identified either by known point locations of specific species (such as a nest or den) or by habitat ar- 19 eas or both. All areas within the County meeting these criteria are hereby designated critical areas 20 and are subject to the provisions of this article (see also Appelae4+* D-ef4hms chapter3. 21 B. The approximate location and extent of identified fish, and -wildlife, and sensitive plant habitat areas 22 are shown on the County's critical area maps as well as state and federal maps. T However, these 23 maps are to be used as a guide and do not provide a definitive critical area determination; each ap- 24 plicant is responsible for having a property -specific determination made pursuant to Article 2. The 25 County shall update the maps as new habitat conservation areas are identified 26 and/or more comprehensive information on function, condition, cover type, and resolution is devel- 27 28 C. 29 30 31 32 33 34 35 36 37 38 39 40 41 oped. PoF pur)Gses- 4i"r-,-hHabitat conservation areas shall include all of the following: 1. Streams3. All streams which meet the criteria for Type S, F, Np or Ns waters as set forth in WAC 222- 16-030 of the Washington Department of Natural Resources (DNR) Water Typing System, as now or hereafter amended. (i) Type S Streams are those surface waters which meet the criteria of the Washington Department of Natural Resources, WAC 222-16-030(1) as now or hereafter amended, as a Type S Water and are inventoried as "Shorelines of the State" under the Shoreline Management Master Program for Whatcom County, pursuant to RCW Chapter 90.58. Type S waters contain salmonid fish habitat. (ii) Type F Streams are those surface waters, which meet the criteria of the Washington Department of Natural Resources, WAC 222-16-030(2) as now or hereafter amended, as Type F Water. Type F streams contain habitat for salmonid fish, game fish and other anadromous fish. --Note t TC4 a -E-haR elc m of Fn pt the definition of a stream. See AFtiele 89 Definitions. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx73 M WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 (iii) Type Np Streams are those surface waters, which meet the criteria of the Washington 2 Department of Natural Resources, WAC 222-16-030(3) as now or hereafter amended, 3 as Type Np Water. Type Np waters do not contain fish habitat. 4 (iv) Type Ns Streams are those surface waters, which meet the criteria of the Washington 5 Department of Natural Resources, WAC 222-16-030(4) as now or hereafter amended, 6 as a Type Ns Water. These streams are areas of perennial or intermittent seepage, 7 ponds, and drainage ways having short periods of spring or storm runoff. Type Ns wa- 8 ters do not contain fish. 9 b. Ditches or other artificial water courses are considered streams for the purposes of this 10 Chapter. when: 11 (i) Used to convey natural streams existing prior to human alteration; and/or, 12 (ii) The waterway is used by anadromous or resident salmonid or other resident fish pop- 13 ulations; or 14 k-Flows directly into shellfish habitat conservation areas.Streamsr as defined iq 0461e-9- 15 csrh *be ream.. c rdi + +L. f I�+ng cry}eri ��: nc'�j^us �rrc-ern v - 16 (ii) S40IFeliFle streams aFe + h9se-AFe4{4st4;--4 .Ag-�I�}nrl as rhnrnSinnr of the 17 5ta-te`as defied4yWAC1-7-�18-44-0-an Wha-t-&M--C-eUOY-ShBre- 18 gfie fC' h h rL �} .1., 19 i�' Fit-#aer„-;„T-�F��ag sty,,;,=�-m.�-�,�r�.t-r�ee�tl�e-de€ir�+ki�c�f�hor�ifees-o�t�ae-sate 20 but have cur-FeR+ , hir}r, rr known or potential use h..i=errs* - vas` -OF reSiraeR4 fish e.- 21 Oes. The teter at+ons of knGwn-Gr-pGte*ta.a44i-s4 22 ro c +.caflst4t&tkw w4T�iih FederaI, state, a irf. --I i aeEqFda4qA4114 23 best 7vaila3ta-ke-iil�^v�rnvr.-.rr�:rr�l a�l$r•1-�r7cr-rr^�r'-rs-ca�'car7-rr��£�f}f'3�}f-i$R- 24 rsj4efat4). .hen_de}nrm:.)ir!rr a 5tizearn as fish lbe rieg4nc-��a� Fe-t-4im ted-t9 25 spec e� 6.. -eyGte-�e"ir-emenl hadEtat su abil+ty h�a l" I-gradp lacak 26 Gf fish ge bafrie�r-r stocked fish pop Alatiaris by government .,.-+.���_ passage um-r�cr 27 an e a aye aed eva at on a elsr ent; kris# i� p ti�l fish -a-ffua4 ied 28 prafesskm4a4-. 29 goat-have-roe-e+kr -#piste ie e e o 30 petential use by anadromous r resident fis - 31 40(iii) -Sueas as 32 2. Areas with in which federally and state listed species are found, have a primary association 33 with, or contain suitable habitat for said listed species, as listed in the US Fish & Wildlife's 34 Threatened & Endangered Species List or Critical Habitat List (http://ecos.fws.pov/ecpl), as 35 amendedhaveprir�y assoriatiera. 36-M. Areas in which state listed priority species are found, have a primary association with, or contain 37 suitable habitat for said listed species, as listed Washington Department of Fish and Wildlife's 38 Priority Habitats and Species list (http://vvdfw.wa.gov/mapping/phs/ or 39 http://wdfw.wa.gov/conservation/phs/list/), as amended. 40 -24.State priority habitats and areas associated with state priority species as listed in Washington 41 Department of Fish and Wildlife's Priority Habitats and Species list 42 (http://wdfw.wa.gov/mapping/phs/ or http://wdfw.wa.gov/conservation/phs/list/), as amend- 43 ed.. 44 5. Areas in which state listed rare plant species are found, or contain suitable habitat for said listed 45 species, as listed in the Department of Natural Resources' Natural Heritage Program 46 (http://wwwl.dnr.wa.gov/nhp/refdesk/plants.html), as amended. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx74 E' • WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 3.6.Areas in which state listed saltwater critical areas are found, as listed in WAC 173-26- 2 221(2)(c)(iii)(A)Comn4efc4-an4-r�c+e,@40ena1 l areas ira�l ir}g #es g ate S e 3 tat Genseirvation Areas. 4 4--KE4p and ee`Igfas&4e*,. 5 S. te4-a+4-petentiai SuFf smelt, - he r+pg-,4n Ra&iC- 5an areas of 6 klt iRacifi-che4T4ng,-PaG;{iE san44a,^c-e-�rther 7 atichovy, and leragfin sfne4t: 8 6-.7. Naturally occurring ponds and lakes or-maRf--Rade-pands aes-(ereated-prier to Septembef 9 n4-stGr-mwafiF die&- under 20 acres-44-siie-- 10 or manmade ponds and lakes under 20 acres in size and created prior to September 30, 2005, 11 excluding agricultural, fire protection, and stormwater facilities. IAeam—pe-n hall -be Feg-u- 12 laced based on ai5Gc to . 13 �L&N tt a 1y oEci, other waters defined as Waters of the State, in- 14 cluding marine waters ter-s.-OaAt-ed-w4h-ppie44&h-by-a--gevL-1-sifnent or trbal enW. 15 9. Natural Area Preserves, Aquatic Reserves, and Natural Resource Conservation Areas as defined 16 by the Washington Department of Natural Resources. 17 8.10. Portions of the San Juan Islands National Monument within Whatcom County (including 18 Chuckanut Rock, tip of Eliza Island, Eliza Island Rocks, Lummi Rocks, Baker's Reef, Carter Point, 19 Carter Point Rock, and Seal Rock at the North end of Lummi Island, and subsequently designated 20 areas). 21 11. Frequently Flooded Areas that are subject to the Federal Emergency Management Agency's Na- 22 tional Flood Insurance Program Biological Opinion (FEMA BiOp). 23 Q-1.2. Species and Habitats of Local Importance. Locally important species and habitats that 24 have recreational, cultural, and/or economic value to citizens of Whatcom County, including the 25 following: 26 Species. 27 —The Department of Planning and Development Services ;s therize' *^shall maintain 28 a current list of Species of Local Importance as designated by the County Council. As -of 29 2016 the list 30 0sffey, 31 T,,, (ey V uit re- 32 nieeksack daGe; 33 i. carp 34. QSPFey; 35 TUFI(e,. „ltwFe; 36 Neeksack dace. 37 V. Saii-541-56*ke - 38 Habitats. 39 i. The marine nearshore habitat, including coastal lagoons, and the associated vegetated 40 marine riparian zone. These areas support productive eelgrass beds, marine algal turf, 41 and kelp beds that provide habitat for numerous priority fish and wildlife species in- 42 cluding, but not limited to, forage fish, seabird and shorebird foraging and nesting 43 sites, and harbor seal pupping and haulout sites. This designation applies to the area 44 from the extreme low tide limit to the ardinaFv41igh ter�nar-kupper limits of the 45 shoreline jurisdiction; provided, that reaches of the marine shoreline that were lawful- 46 ly developed for commercial and industrial uses prior to the original adoption of this 47 chapter may be excluded from this designation, but not otherwise exempt from this 48 chapter. SeeApeFodl= At+�c#�apte- e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx75 410 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 iF Weotmfied Red5evelt elk . .interiAg and �rnr -g48UWts-. 2 lid .U+iique natural : .z to �}Q.Wa&ki g49P Rn ment of RI-.}U4 3 Reseu; 4 +v ii. The Chuckanut wildlife corridor, which extends east from Chuckanut Bay and adjacent 5 marine waters, including Chuckanut Mountain, Lookout Mountain, the northern por- 6 tions of Anderson Mountain, and Stewart Mountain continuing along the southern 7 Whatcom County border to Mount Baker/Snoqualmie National Forest boundary. 8 Ali r...r. �c ttttts{}g-ti7�1Ft�� Mountain, C}aui•�r+ r11����}�. zFt�-��I��P044ORrS r.f A .i iin to ch 9 ar,-�;L,zr��.ii�t��,wekararid-This ar- 10 ea represents the last remaining place in the Puget Trough where the natural land 11 cover of the Cascades continues to the shore of Puget Sound. See Appendix E of this 12 13 iii. The Department of Planning and Development Services it-autherizn,- }^shall maintain 14 a current list and map of Habitats of Local Importance, as designated by the County 15 Council. 16 D. In addition to the species, habitats, and wildlife corridors identified in subsection (C)(1014) of this 17 section, the Gey-Council may designate additional species, habitats of local importance, and/or 18 wildlife corridors as follows: 19 1. In order to nominate an area, species, or corridor to the category of "locally important," an indi- 20 vidual or organization must: 21 a. Demonstrate a need for special consideration based on: 22 i. sldentified species of declining population; 23 ii. SDocumented species sensitivity to habitat manipulation and cumulative loss; 24 iii. Commercial, recreational, cultural, or, biological, other special value; or 25 iv. Maintenance of connectivity between habitat areas; 26 b. Propose eooce l-relevant management strategies considered effective and within the 27 scope of this chapter; 28 c. Identify the goal effects on property ownership and use; and 29 d. Provide a map showing the species or habitat location(s). 30 2. Submitted proposals shall be reviewed by the County and may be forwarded to the State De- 31 partments of Fish and Wildlife, Natural Resources, and/or other local, state, federal, and/or trib- 32 al agencies or experts for comments and recommendations regarding accuracy of data and ef- 33 fectiveness of proposed management strategies. 34 3. If the proposal is found to be complete, accurate, and consistent with the purposes and intent of 35 this chapter and the various goals and objectives of the Whatcom County comprehensive plan 36 and the Growth Management Act, the County Council will hold a public hearing to solicit com- 37 ment. Approved nominations will become designated locally important habitats, species, or cor- 38 I ridors and will be subject to the provisions of this chapter. 39 3-A. The Council may remove species, habitats, or corridors from this list if it can be shown that there 40 is no longer a need to provide protection Aeve and beyond that afforded by WDFW manage- 41 ment strategies. Species and habitats of local importance that are not regulated elsewhere in 42 this chapter may be removed if sufficient evidence has been provided by qualified professionals 43 that demonstrates that the species no longer meets any provisions of 16.16.710(D)(1)(a)." 44 16.16.720 Habitat Conservation Areas — General Standards. 45 The following activities may be permitted in habitat conservation areas and/or their buffers when, pur- 46 suant to WCC 16.16.255 and 16.16.260Ar-ticle4, all reasonable measures have been taken to avoid ad- 47 verse effects on species and habitats, any applicable Washington Department of Fish and Wildlife man- e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx76 411 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 agement recommendations have been applied, rzerrlpensateFy mitigation is provided for all adverse im- 2 pacts that cannot be avoided, and the amount and degree of the alteration are limited to the minimum 3 needed to accomplish the project purpose; provided, that locally important species and habitats shall be 4 subject to WCC 16.16.730: 5 A. Developments that meet the reasonable use and variance standards set forth in WCC 16.16.270. 6 B. Relocation of streams, or portions of streams, when there is no other feasible alternative and when 7 the relocation will result in equal or better habitat and water quality and quantity, and will not di- 8 minish the flow capacity of the stream or other natural stream processes; provided, that the reloca- 9 tion meets state hydraulic project approval requirements and that relocation of shoreline streams 10 shall be prohibited unless the relocation has been identified formally by the Washington State De- ll partment of Fish and Wildlife as essential for fish and wildlife habitat enhancement or identified in 12 watershed planning documents prepared and adopted pursuant to Chapter 90.82 RCW, the WRIA 1 13 Salmonid Recovery Plan or the WRIA 1 Watershed Management Salmen Reeiave^ Board Habitat 14 Project List or County shoreline restoration plan. 15 C. Stream crossings, provided they meet all the following criteria: 16 1. There is no other feasible alternative route with less impact on critical areas. 17 2. The crossing minimizes interruption of natural processes such as channel migration, the down- 18 stream movement of wood and gravel, and the movement of all fish and wildlife. Bridges are 19 preferred for all stream crossings and should be designed to maintain the existing stream sub- 20 strate and gradient, span the bankfull width, or be proven to not have an appreciable increase in 21 backwater elevation at t4ea minimum of a 100-year event and {arvieate-faerz�l 22 eleafanee on each sprovide adequate vertical clearance 23 for debris likely to be encountered at high waterabaw-4ke-ar&i.ia"gh-wat�ef-+�+ar-k. 24 3. Culverts shall be designed according to applicable state and federal guidance criteria for fish 25 passage as identified in Water Crossing Design Guidelines, WDFW 2013, as amendedFish- 26 sage Design at Read Culye4s, IAIOPW, MaFeh499, and/or the National Marine Fisheries Service 27 Guidelines for Salmonid Passage at Stream Crossings, 2000, (and subsequent revisions) and in 28 accordance with a state hydraulic project approval. The applicant or property owner shall main- 29 tain fish passage through the bridge or culvert. 30 4. The County may require that existing culverts be removed, replaced, or fish passage barrier sta- 31 tus corrected as a condition of approval if the culvert is detrimental to fish passage or water 32 quality-id--a-fea&44e-a4era-at4ve- . 33 5. Cul ar+ cr.. h II 4... I. +., J «, «S.e rri.nim ,, .+H art+h neressa ,. Roadway widths at ccrr'dcrr-crv55ifi^�r`omvcTr;�rrYr'rG�rr�r�Hrn 6r'r 34 culvert crossings shall be limited to the minimum width necessary to accommodate the road- 35 way's classification. Culvert length shall be the minimum that is compatible with the roadway 36 width. 37 -5-.6.&Shared common crossings are the preferred approach where multiple properties can be ac- 38 cessed by one crossing. 39 D. Access to private development sites may be permitted to cross habitat conservation areas if there 40 are no feasible alternative alignments. Alternative access shall be pursued to the maximum extent 41 feasible, including through the provisions of Chapter 8.24 RCW. Exceptions or deviations from tech- 42 nical standards may be considered by the Technical Administrator on a case -by -case basis where the 43 resulting outcome reduces overall impacts to any identified Critical Area.for width OF other d;., eR 44 sionc and speriiir EORStFUIRtiOR 45 r�elevated eture;-aTQ^ AeFnative to All, if feasib4e. 46 E. Construction of aor improvements, other than a building, that +-,are associated with an 47 agricultural use in the outer 25% of the CPAL designated buffer; or the reconstruction, remodeling, e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx77 412 WWC 16.16 Critical Areas Regulations (Council edited version! 9/26/17 1 or maintenance of such structures in a habitat conservation area buffer, subject to all of the follow- 2 ing criteria: 3 1. The structure is located within an existing lot of record and is an existing- ongoing agricultural 4 use. 5 2. There is no other feasible location with less impact to critical areas. However, this provision 6 does not apply to reconstruction, maintenance and/or remodeling of pre-existing structure. 7 3. Clearing and grading activity and impervious surfaces are limited to the minimum necessary to 8 accommodate the proposed structure and, where possible, surfaces shall be made of pervious 9 materials. 10 4. Unavoidable adverse effects on critical areas are mitigated in accordance with this chapter. 11 F. Stormwater management facilities limited to detention/retention/treatment ponds, media filtra- 12 tion, lagoons and infiltration basins may be permitted in a stream buffer, subject to all of the follow- 13 ing standards: 14 1 1. The facility is located in the outer 50% peFeent of the standard stream buffer and does not dis- 15 place or impact a forested riparian community; 16 2. There is no other feasible location for the stormwater facility and the facility is located, con- 17 structed, and maintained in a manner that minimizes adverse effects on the buffer and adjacent 18 critical areas; 19 3. The stormwater facility meets applicable County or state stormwater management standards 20 and the discharge water meets state water quality standards; and 21 4. Low impact development approaches have been considered and implemented to the maximum 22 extent feasible. 23 G. Stormwater conveyance or discharge facilities such as dispersion trenches, level spreaders, and out- 24 falls may be permitted in a habitat conservation area buffer on a case -by -case basis when the tech- 25 nical administrator determines that all of the following are met: 26 1. Due to topographic or other physical constraints, there are no feasible locations for these facili- 27 ties outside the buffer; 28 2. The discharge is located as far from the ordinary high water mark as possible and in a manner 29 that minimizes disturbance of soils and vegetation, except on shoreline slopes where location 30 shall be determined by site characteristics to minimize adverse impacts; 31 3. The discharge outlet is designed to prevent erosion and promote infiltration; and 32 4. The discharge meets freshwater and marine state water quality standards, including the need to 33 evaluate cumulative impacts to 303(d) impaired waterbodies and total maximum daily load 34 (TMDL) standards as appropriate at the point of discharge. Standards should include filtration 35 through mechanical or biological means, vegetation retention, timely reseeding of disturbed ar- 36 eas, use of grass -lined bioswales for drainage, and other mechanisms as appropriate within ap- 37 proved stormwater "special districts." 38 5. The discharge outlet is designed to exclude fish from entering or migrating into stormwater con- 39 veyance systems. 40 H. Clearing and grading, when allowed as part of an authorized activity or as otherwise allowed in 41 these standards, may be permitted; provided, that the following shall apply: 42 1. Grading is allowed only during the designated dry season, which is typically regarded as May to 43 October of each year; provided, that the County may extend or shorten the designated dry sea- 44 son on a case -by -case basis, based on actual weather conditions. Special scrutiny shall be given 45 to Lakes Samish, Padden, and Whatcom watersheds, and Water Resource Special Management 46 Areas as described in WCC 20.80.735. 47 2. Appropriate erosion and sediment control measures shall be used at all times, consistent with 48 Best Management Practices in the Department of Ecology's Stormwater Management Manual e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx78 413 WWC 16.16 Critical Areas Regulations (Council edited version' 9/26/17 1 for Wester Washington. The soil duff layer shall remain undisturbed to the maximum extent 2 possible. Where feasible, disturbed topsoil shall be salvaged and/or redistributed to other areas 3 of the site. Areas shall be revegetated as needed to stabilize the site. 4 3. The moisture -holding and infiltration capacity of the topsoil layer shall be maintained by mini- 5 mizing soil compaction or reestablishing natural soil structure and infiltrative capacity on all are- 6 as of the project area not covered by impervious surfaces. 7 I. Streambank stabilization and shoreline protection may be permitted subject to all of the following 8 standards: 9 1. The stabilization or protection measures shall be designed in accordance with the techniques 10 contained within the Washington Department of Fish and Wildlife's most recent Integrated 11 Streambank Protection Guidelines. Deviation from these techniques requires written justifica- 12 tion from a qualified professional/engineer. 13 2. Natural shoreline processes will be maintained to the maximum extent practicable. 14 -1-3. The activity will not result in increased erosion and will not alter the size or distribution of shore- 15 line or stream substrate, or eliminate or reduce sediment supply from feeder bluffs. 16 2-.4. Stream and shoreline protection and launching ramps on shorelines of the state shall comply 17 with WCC Title 23 and with state hydraulic project approval requirements. 18 -3-.5. No ^^' atnet loss to ^rO+*^^' fi,-" ^.r wildlife Habitat Conservation Areas or associated 19 wetlands will occur. 20 4.6. No net loss aka ien of juvenile fish migration corridors will occur. 21 15-7. No net loss of intertidal or riparian habitat function will occur. 22 6 8. Nonstructural measures, such as placing or relocating the development further from the shore- 23 line, planting vegetation, or installing on -site drainage improvements, are not practicable or not 24 sufficient. 25 7--.9.Stabilization is achieved through bioengineering or soft armoring techniques in accordance with 26 an applicable Hydraulic Permit Approval issued by the Washington State Department of Fish and 27 Wildlife. 28 8 10. Hard bank armoring is discouraged and may occur only when the property contains an 29 existing permanent structure(s) that is in danger from shoreline erosion caused by wave action 30 or riverine processes and not erosion caused by upland conditions, such as the alteration of nat- 31 ural vegetation or drainage, and the armoring shall not increase erosion on adjacent properties 32 and shall not eliminate or reduce sediment supply. An objective alternatives analysis, addressing 33 up- and downstream impacts, shall be conducted to demonstrate that there is no other less en- 34 vironmentally damaging alternatives to the more impacting proposed action. 35 9 11. Normal sloughing, erosion of steep bluffs, or shoreline erosion itself, without a scientific 36 or geotechnical analysis, is not a demonstration of need. 37 449-.12. The bank stabilization or shore protection will not adversely affect habitat conservation 38 areas or mitigation will be provided to compensate for adverse effects where avoidance is not 39 feasible. 40 J. Construction of trails and roadways less than nr equal to 30 Beet ride -may be permitted in a habitat 41 conservation area buffer when not directly related to a crossing and are subject to all of the follow- 42 ing standards: 43 1. There is no other feasible alternative route with less impact on the critical area. 44 2. The road or trail minimizes erosion and sedimentation, hydrologic alteration, and disruption of 45 natural processes such as channel migration, wood recruitment and natural wildlife movement 46 patterns. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx79 414 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 I 3. The road or trails through in -riparian (stream) buffers shall be located in the outer 25%Q peFGent 2 of the standard buffer., except for- imited viewing pla#omns and crossings; shall not exceed 1-2- 3 feet on ,i.lth and shall be made of peFviows ateFial-whnrn l'enrible _ 4 3-.4. Private trails shall not exceed 45 feet in width, and public trails shall not exceed 10 feet in width, 5 and shall be made of pervious material or on an elevated structure where feasible. Trails may 6 include limited viewing platforms that shall not exceed 12 feet in width and shall be made of 7 pervious materials where feasible. 8 4.5.The road or trail is constructed and maintained in a manner that minimizes disturbance of the 9 buffer and associated critical areas. 10 K. New utility lines and facilities may be permitted when all of the following criteria are met: 11 1. Impacts to fish and wildlife habitat and/or corridors shall be avoided to the maximum extent 12 possible. 13 2. Where feasible, installation shall be accomplished by boring beneath the scour depth of the 14 stream or water body and the width of the channel migration zone where present. 15 3. Trenching of utilities across a stream channel shall be conducted as The „till*ie< shall GFOSS 16 stFea s4--angle OreateF t"a+�0 d ate,to the centerhne of the r-hanr.el or perpendicular to 17 the channel centerline as possible whenever boring under the channel is not feasible. Utilities 18 shall be installed below potential scour depth regardless of method. 19 4. Crossings shall be contained within the footprint of an existing road or utility crossing where 20 possible. 21 5. The utility installation shall not increase or decrease the natural rate, extent, or opportunity of 22 channel migration. 23 L. New public flood protection measures and expansion of existing ones may be permitted, subject to 24 WCC Title 1, Article 4 of this chapter and a state hydraulic project approval; provided, that bioengi- 25 neering or soft armoring techniques shall be used where feasible. Hard bank armoring may occur 26 only in situations where soft approaches do not provide adequate protection. 27 M. In -stream structures such as, but not limited to, high -flow bypasses, dams, and weirs, shall be al- 28 lowed only as part of a watershed restoration project as defined pursuant to WCC 23.110.230(10) or 29 identified in watershed planning documents prepared and adopted under Chapter 90.82 RCW, the 30 salmonid recovery plan or Watershed Management Salmon oe,.e.,er., Board Habitat Project List, and 31 the County's shoreline restoration plan and upon acquisition of any required state or federal per- 32 mits. The structure shall be designed to avoid adverse effects on stream flow, water quality, or other 33 habitat functions and values. 34 N. Construction of docks and public launching ramps, and reconstruction, repair, and maintenance of 35 docks and public eate-or private launching ramps may be permitted subject to the following: 36 1. The dock or ramp is located and oriented and constructed in a manner that minimizes adverse 37 effects on navigation; wave action, water quality, movement of aquatic and terrestrial life; eco- 38 logical processes; ee1gr-0155 l eds,eds spawnm ;gcritical saltwater habitats, id wet- 39 lands, or other critical areas. 40 2. Docks or ramps on shorelines of the state shall comply with WCC Title 23 and state hydraulic 41 project approval requirements. 42 3. Natural shoreline processes will be maintained to the maximum extent practicable. The activity 43 will not result in increased erosion and will not alter the size or distribution of shoreline or 44 stream substrate, or eliminate or reduce sediment supply from feeder bluffs. 45 4. No net loss es -aft to e-riti^,l fish er wildlife Habitat Conservation Areas or associated 46 wetlands will occur. 47 5. No net loss alteration juvenile fish migration corridors will occur. 48 6. No net loss of intertidal or riparian habitat function will occur. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx80 415 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 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 0. On -site sewage disposal systems (OSS) may be permitted in non -aquatic HCA buffers and in the out- er 50% of streams or other aquatic HCA buffers when accessory to an approved residential structure for which there are no alternatives and when it is not feasible to connect to a public sanitary sewer system and when operated and maintained in accordance with WCC Chapter 24.05.4-70; provided, that the aFe Re adverse effects on water quality and slope stability are avoided avei d. P. Domestic wells serving single-family developments (including plats, short plats, and individual single- family residences) and necessary appurtenances, including a pump and appropriately sized pump house, but not including a storage tank, in HCA buffers when all of the following conditions are met: 1. There is no viable alternative to the well site outside of the buffer and the well is located as far back from the wetland edge as is feasible; 2. Any impacts to the HCA buffer from staging equipment and the well -drilling process are mitigat- ed. PL. Q. Single-family developments may be permitted to encroach into stream buffers subject to the technical administrator's approval; provided, that all of the criteria in WCC 16.16-270(A) are met. Q7 All other development may be allowed in shellfish protection districts outside of actual shellfish habitats a valid development permit and when the requirements of subsection N-O of this section are met. R S. Alteration or removal of beaver -built structures more than two years old; provided, that: 1. The property owner can show that the beaver dam is harming or likely to harm his or her grop- e rty. -1-.2. It has been demonstrated that I9beaver deceivers or auto leveler devices h`aye been ^'^^^^^- st�^'ocannot appropriately resolve ponding/backwatering that is negatively affecting adja- cent land or property.The-appl:. ant delTlGnStFates that nondestruct ve measwFes, such as t6e use nF ub rle it r not feasible l��C �T �LVYCI�cc[.'TYL'1-a�rt�L CG �iR�. 2-3. Impacts to wetland, river, or stream functions are minimized and mitigation is provided to com- pensate for lost ecological value. 3-4.The property owner obtains an HPA from WDFW prior to initiating alteration or removal of the beaver -built structure. The property owner provides a copy of the HPA to the technical administrator. -S-.T. On Eliza Island, applicants shall complete the U.S. Fish & Wildlife Service (USFWS) self -assessment (https://www.fws.gov/pacific/eagle/) to determine whether a USFWS bald eagle permit is needed, and if so, apply for one. Development activities near bald eagle habitat shall be carried out con- sistent with the national Bald Eagle Guidelines.VX '^.�(-Ud eagle :ngym,^" laafl also app• U. Phosphorus reducing BMP structures approved and installed through the Homeowners' Improve- ment Program (or as may be renamed) within the Lake Whatcom watershed to treat runoff from ex- isting development may be permitted within 25 feet of the lake shoreline. 38 16.16.730 ems^ —Locally Important Habitats and Species — Standards. 39 Alterations that occur within a locally important habitat area or that may affect a locally important spe- 40 cies as defined herein shall be subject to review on a case -by -case basis. The technical administrator 41 shall have the authority to require an assessment of the effects of the alteration on species or habitats 42 and may require mitigation to ensure that unmitigated adverse effects do not occur. This standard is 43 intended to allow for flexibility and responsiveness with regard to locally important species and habitats. 44 16.16.740 Standards — Habitat Conservation Area Buffers — Standards. 45 In addition to the applicable general protective measures found in WWC 16.16.265 and 16.16.720, Tthe 46 technical administrator shall have the authority to require buffers from the edges of all habitat conser- e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx81 416 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 vation areas (in addition to the building setback required by 16.16.265(D) in accordance with the follow- 2 ing: 3 A. Buffers shall be established for activities adjacent to habitat conservation areas as necessary to pro- 4 tect the integrity, functions, and values of the resource. Buffer widths shall reflect the sensitivity of 5 the species or habitat present and the type and intensity of the proposed adjacent human use or ac- 6 tivity. Buffers shall not include areas that are functionally and effectively disconnected from the hab- 7 itat area by an existing, legally established road or other substantial developed surface. 8 B. Stream Buffers. 9 1. The standard buffer widths required by this article are considered to be the minimum required 10 and presume the existence of a dense vegetation community in the buffer zone adequate to 11 protect the stream functions and values at the time of the proposed activity. When a buffer 12 lacks adequate vegetation to protect critical area functions, the technical administrator may in- 13 crease the standard buffer, require buffer planting or enhancement, and/or deny a proposal for 14 buffer reduction or buffer averaging. 15 2. The standard buffer shall be measured landward horizontally on both sides of the stream from 16 the ordinary high water mark as identified in the field; provided, that for streams with identified 17 channel migration zones, the buffer shall extend outward horizontally from the outer edge of 18 the channel migration zone on both sides. The required buffer shall be extended to include any 19 abutting adjaeent regulated wetland(s), landslide hazard areas and/or erosion hazard areas and 20 required buffers, but shall not be extended across roads or other lawfully established structures 21 or hardened surfaces. 22 2-.3.The following standard buffer width requirements are established:; evkk-4,tkrat no s-of 23 srerx t#�alav,F�a�idergrd i4 be �xetr$Ix�tese faa##stdaatk�e�l 24 adMiRiStFatI3 scretion when i+ n be demo a-advcrr�4r_ti�u�- 25 Goes will 26 i. Shoreline streams: 150 feet; 27 ii. Fish -bearing streams: 100 feet; 28 iii. Non -fish -bearing streams: 50 feet. 29 4. Portions of streams that flow underground may be exempt from these buffer standards at the 30 technical administrator's discretion when it can be demonstrated that no adverse effects on 31 aquatic species will occur. 32 �C.Buffers for Other Habitat Conservation Areas. The technical administrator shall determine appropri- 33 ate buffer widths for other habitat conservation areas based on the best available information. 34 Buffer widths for non -stream habitat conservation areas shall be as fA"AMY;identified in Table 3: e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx82 417 WWC 16.16 Critical Areas Regulatio, 1 1 Table 3. Buffer Requirements for HCAs Habitat Conservation Area Buffer Requirement Areas with which federally Minimum 8buffers shall be based on recommendations provided by the Washing - listed species have a primary ton State Department of Fish and Wildlife PHS Program; provided, that local and association site -specific factors shall be taken into consideration and the buffer width based on the best available information concerning the species/habitat(s) in question State priority habitats and are- as with which Priority Species and/or the opinions and recommendations of a qualified professional with appro- have a primary association priate expertise. When there are no state recommendations or species manage- ment guidelines then only the building setback (WCC 16.16.255) shall be applied. CarrlefEial ar�d reeratisraal Buffers shall extend 150 feet landward from ordinary high water mark of the ma - shellfish areCritical Saltwater rine shore. Buffers shall not be required adjacent to shellfish protection districts, Habitats but only in nearshore areas where shellfish reside. Vein and eelgFass beds BuPe Fs shall e„tend 150 feet ndward fF..... 9FdiA@Fy high .,.atei; .,.aFk of the ma ;T=rshe csrTv-i-c SUFf anal}. Pacific herr�.,e Ad , r-+crrm�-wnv Pacific sand spaws'Ag areas 9u4 eFs sh aII - rl i Gr1 Feet le��Fd Fr.. r....F"a r.r_h inh wste�FRarL eta- vm�rcr-r�rr.x ci'�c+--r-,r�--�crc-rcr rn-rx�mry cz hm�. ;rei i-ee-vi=c Natural ponds and lakes Ponds under 20 acres — Buffers shall extend 50 feet from the ordinary high water mark.; ILakes 20 acres and larger (which are subject to Title 23) — Buffers shall extend 100 feet from the ordinary high water mark; provided, that where vegetated wet- lands are associated with the shoreline, the buffer shall be based on the wetland buffer requirements in WCC 26.16.630. Natural area preserves and Buffers shall not be required adjacent to these areas. These areas are assumed to natural resource conservation encompass the land required for species preservation. areas Locally important habitat areas The buffer for marine nearshore habitats shall extend landward 150 feet from the ordinary high water mark. The need for and dimensions of buffers for other locally important species or hab- itats shall be determined on a case -by -case basis, according to the needs of the specific species or habitat area of concern. Buffers shall not be required adjacent to the Chuckanut wildlife corridor. The technical administrator shall coordinate with the Washington State Department of Fish and Wildlife and other state, fed- eral or tribal experts in these instances, and may use WDFW PHS management recommendations when available. 2 E The technical administrator shall have the authority to reduce buffer widths on a case -by -case 3 basis; provided, that the general standards for alternatives analysis and mitigation sequencing 4 av-Gi4a andn,;r;,; i i.:.:; ; per WCC 16.16.260 have been applied , and 5 when the applicant demonstrates to the satisfaction of the technical administrator that all of the fol- 6 lowing criteria are met: 7 1. The buffer reduction shall not adversely affect the habitat functions and values of the adjacent 8 habitat conservation area or other critical area. 9 2. The buffer shall not be reduced to less than 75% pereent of the standard buffer specified in Ta- 10 ble 2, aboveas-d44ir d III SlI"SeCtiOR C i iGn. 11 3. The slopes adjacent to the habitat conservation area within the buffer area are stable and the 12 gradient does not exceed 30% peFcent(see Article 3). e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx83 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 4. The area that has been reduced shall be mitigated at least at a ratio of 1:1, on an area basis. 2 �E.The technical administrator shall have the authority to average buffer widths on a case -by -case ba- 3 sis; provided, that the general standards for avoidance and minimization per WCC 16.16.260(A)(1)(a) 4 and (b) shall apply, and when the applicant demonstrates to the satisfaction of the technical admin- 5 istrator that all of the following criteria are met: 6 1. The total area contained in the buffer area after averaging is no less than that which would be 7 contained within the standard buffer and all increases in buffer dimension are parallel to the 8 habitat conservation area. 9 2. The buffer averaging does not reduce the functions or values of the habitat conservation area or 10 riparian habitat, or the buffer averaging, in conjunction with vegetation enhancement, increases 11 the habitat function. 12 3. The buffer averaging is necessary due to site constraints caused by existing physical characteris- 13 tics such as slope, soils, or vegetation. 14 4. The buffer width is not reduced to less than 75% pereent of the standard width specified in Ta- 15 ble 2, aboveas Eile fi ed ; „bseetiaR r- of this sestieo. 16 5. The slopes adjacent to the habitat conservation area within the buffer area are stable and the 17 gradient does not exceed 30% pere� 18 Buffer averaging shall not be allowed if habitat conservation area buffers are reduced pursuant 19 to subsection D of this section. 20 7. Where a buffer has been reduced, the Technical Administrator may require enhancement to the 21 remaining buffer to ensure no net loss of ecologic function, services, or value. 22 The technical administrator shall have the authority to increase the width of a habitat conservation 23 area buffer on a case -by -case basis when there is clear evidence that such increase is necessary to 24 achieve any of the following: 25 1. Comply with the requirements of a habitat management plan prepared pursuant to WCC 26 16.16.750. 27 2. Protect fish and wildlife habitat, maintain water quality, ensure adequate flow conveyance, pro- 28 vide adequate recruitment for large woody debris, maintain adequate stream temperatures, or 29 maintain in -stream conditions. 30 3. Compensate for degraded vegetation communities, Clean Water Act 303(d) impaired water bod- 31 ies, or steep slopes adjacent to the habitat conservation area. 32 4. Maintain areas for channel migration and/or frequently flooded areas. 33 5. Protect adjacent or downstream areas from erosion, landslides, or other hazards. 34 6. Protect streams from high intensity adjacent land uses. 35 16.16.750 Habitat Conservation Areas — Review and Reporting Requirements. 36 A. When County critical area maps or other sources of credible information indicate that a site pro- 37 posed for development or alteration is more likely than not to contain habitat conservation areas or 38 buffers, or could adversely affect a habitat area or buffer, the technical administrator shall require a 39 site evaluation (field investigation) by a qualified professional or other measures to determine 40 whether or not the species or habitat is present. If no habitat conservation areas are present, then 41 review will be considered complete. If the site evaluation determines that the species or habitat is 42 present, the technical administrator shall require a critical areas assessment report or habitat man- 43 agement plan (HMP), except; provided, that: 44 B. nNo report or evaluation shall be required for developments outside of buffers within the upland 45 portions of shellfish conservation areas. 46 XC.The technical administrator shall have the authority to waive the report requirement when he/she 47 determines that the project is a single-family building permit development that involves less than e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected). docx84 419 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 one-half acre of clearing and/or vegetation removal and will not directly disturb the species, or spe- 2 cific areas or habitat features that comprise the habitat conservation area (nest trees, breeding 3 sites, etc.) as indicated by a site plan or scaled drawing of the proposed development. 4 In addition to the reporting requirements of WCC 16.16.255, Tthe Habitat Conservation Area 5 assessment report/HMP shall describe the characteristics of the subject property and adjacent are- 6 as, including condition, quality, function, and values of the Habitat Conservation Area at a scale ap- 7 propriate to the function being evaluated (see WAC 365-196-830(6)). The assessment shall include 8 determination of appropriate buffers as set forth in WCC 16.16.740. The assessment shall also in- 9 clude field identification and/or delineation of habitat areas, analysis of historical aerial photos, and 10 review of public records,-4rtT+ntePv ewswith dja ,pe4y-owf� as necessary to determine 11 potential effects of the development action on critical areas. Assessment reports shall include the 12 following site- and proposal -related information unless the technical administrator determines that 13 any portion of these requirements is unnecessary given the scope and/or scale of the proposed de- 14 velopment: 15 1. A map drawn to a common scale or survey showing the following information: 16 a. Topographic, hydrologic, and vegetative features. 17 b. The location and description of wildlife and habitat features, and all critical areas on or with- 18 in 200 feet of the siteabutt; g the or farther given the scale appropriate to the function 19 being evaluated. 20 c. Proposed development activity. 21 d. Existing physical features of the site including buildings, fences, and other structures, roads, 22 parking lots, utilities, water bodies, etc. 23 d e.Surrounding land uses and zoning (to ensure appropriate buffer) 24 2. An analysis, including an analysis of cumulative impacts, of how the proposed development ac- 25 tivities will affect the fish and wildlife habitat conservation area and/or buffer, including the ar- 26 ea of direct disturbance; effects of stormwater management; effects on any 303(d) impaired 27 waterbodies; proposed alteration to surface or subsurface hydrology; natural drainage or infil- 28 tration patterns; clearing and grading impact; temporary construction impacts; effects of in- 29 creased intensity of use (including noise, light, of -human intrusion, etc.). 30 3. Provisions to reduce or eliminate adverse impacts of the proposed development activities on 31 the functions and values of the Habitat Conservation Area including, but not limited to: 32 a. Buffering; 33 a.b. Cslustering of development; 34 Vic. Retention of native vegetation; 35 Ed. Access limitations; 36 d e.Seasonal restrictions on construction activities in accordance with the guidelines developed 37 by the Washington State Department of Fish and Wildlife, the U.S. Army Corps of Engineers, 38 the salmonid recovery plan and/or other agency or tribe with expertise and jurisdiction over 39 the subject species/habitat; and 40 e.f. Other appropriate and proven low impact development techniques. 41 4. Management recommendations developed by WDFW through its PHS program. 42 5. When appropr+e+a glue to the type eiepote n ja „1ly pFesent or the pFoj^e+ area 43 Eandit ons, the technical adFFli., 5tFat^ al- n that -the -repent+ c4uEe-aAdditional in- 44 formation including, but not limited to, direct observations of species use or detailed physical 45 and biological characteristics s FfaGe @Ad SUbS, Ffill a hydF^l^,.:, leak+Fe-5-both on and adjacent 46 to the off -site at an appropriate scale (see WAC 365-196-830(6))). The assessment of off -site 47 conditions shall be based on available information and shall not require accessing off -site prop- 48 erties. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx85 420 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 1 -5-.6. Applicants near a bald eagle nest shall complete the U.S. Fish & Wildlife Service (USFWS) self- 2 assessment (https://www.fws.gov/pacific/eagle/) to determine whether a USFWS bald eagle 3 permit is needed, and if so, apply for one. Development activities near bald eagle habitat shall 4 be carried out consistent with the national Bald Eagle Guidelines.8ald,eagle-habitat5 steal -be 5 pFetecctti� rs+�a r�to-te NJasfa+ngtaT ���*''�}} E�a��g#e Rrstetiaufy(aA,��A� a'''Y9� j tie 6 �visie nss 4-w re a site ^- et t��R a ef4� #awte-be-tJei% la i c�--ram. `- - - - -- -- ^ r g �F� �+n ee- 7 afdi at44 wi-eR4-he-W-DPAtcam af+3ewoe-r w4e-Rever prajec4s-aye--p-rGpesed-ar+-4R444at- " 8 VGIV@5 land Wntai!RiRg are 9 prcpese4-w4ii;,a nest. feet 1), pe-r 10 ms+,-n^ ,. after certmfoe , �.., ,, +� , ���� 1�� + +ten r cAVPF-IArtt-}a Tcl lSi $F 1'�'fai '11V'Ft��a•{�-'r -p- 11 proved-habitat-mai4agemer"ian, fee AC232 14-242-fof spe-c' ' 12 QE. All habitat management plans shall be prepared in consultation with the State Department of Fish 13 and Wildlife and/or other federal, state, local or tribal resource agencies with jurisdiction and exper- 14 tise in the subject species/habitat. 15 l}F.At the request of the applicant, the County may gather the required information in this section for 16 applicants seeking to develop a single-family home; provided, that: 17 1. Availability of County staff shall beat the discretion of the technical administrator and subject to 18 workload and scheduling constraints. 19 2. Fees for County staff services shall be in accordance with the unified fee schedule. 20 16.16.760 Habitat Conservation Areas - Mitigation Standards-fef- k k,at--c-Gnsep.,aT,an w,o'm. 21 Activities that adversely affect habitat conservation areas and/or their buffers as determined by the 22 technical administrator shall include mitigation sufficient to achieve no net loss of habitat functions and 23 values in accordance with WCC 16.16.260 and this section. 24 A. In determining the extent and type of mitigation required, the technical administrator may consider 25 all of the following: 26 1. The ecological processes that affect and influence critical area structure and function within the 27 watershed or sub -basin; 28 2. The individual and cumulative effects of the action upon the functions of the critical area and 29 associated watershed; 30 3. Observed or predicted trends regarding the gains or losses of specific habitats or species in the 31 watershed, in light of natural and human processes; 32 4. The likely success of the proposed mitigation measures; 33 5. Effects of the mitigation actions on neighboring properties; and 34 6. Opportunities to implement restoration actions formally identified by an adopted shoreline res- 35 toration plan, watershed planning document prepared and adopted pursuant to Chapter 9Q,8.2, 36 RCW, a salmonid recovery plan or project that has been identified on the 37 ment Salmon °^r-^ ^r Board Habitat Project List or by the Washington State Department of 38 Fish and Wildlife as essential for fish and wildlife habitat enhancement. 39 B. The following additional mitigation standards shall apply: 40 1. GempeRsateF•• ^Mitigation for alterations to habitat areas shall achieve equivalent or greater 41 biologic functions, and shall provide similar functions to those that are lost or altered. 42 2. CempensatO-, ..Mitigation in the form of habitat restoration or enhancement is required when 43 a habitat is altered permanently as a result of an approved project. Alterations shall not result in 44 net loss of habitat. 45 3. Where feasible, mitigation projects shall be completed prior to activities that will disturb habitat 46 conservation areas. In all other cases, mitigation shall be completed as quickly as possible fol- 47 lowing disturbance and prior to use or occupancy of the activity or development. Construction e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx86 421 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2F 1 of mitigation projects shall be timed to reduce impacts to existing fish, wildlife and flora; provid- 2 ed, that the technical administrator may adjust the timing requirements to allow grading, plant- 3 ing, and other activities to occur during the appropriate season(s). 4 4. C-Gmpens�ator-y ,iMitigation shall be provided on -site whenever feasible. eF ooff-site mitigation 5 in tea location that will provide tea greate ecological benefit to the species and/or habi- 6 tats affected and have tea greaterst likelihood of success may be accepted at the discretion of 7 the Technical Administrator. Mitigation shall occur as close to the impact site as possible.; within 8 t T e 5ub-basi.i and in a .F.f F babitat,-tryp3 as 04e-per- fitted ��Fs3�i(7F�H�1Incr 1 '?'ilEaf7� 9 demonro es-40-theSaNsY n.ef the techni�adr. "gyrator t • ter4iev- ar Amid- a�ifi�v�--crr�-�zr.-n-raz tvn� "v'z1� 10 sc-a rise analysis that Fnitiga.tian- wit hiP an altefriatwe-A�"as-k -Gf the same-orate-r5rhed 11 wn, ld As mitigation is moved further away from the impacted habitat the Technical Administra- 12 for may increase the amount of mitigation required. If offsite mitigation is proposed, the appli- 13 cant must demonstrate through an alternatives/ mitigation sequencing analysis (WWC 14 16.16.260) that the mitigation will have greater ecological benefit. 15 5. All mitigation sites shall have buffers consistent with the buffer requirements established in 16 16.16.740ef't4+s-c-haptei; provided, that the technical administrator shall have the authority to 17 approve a smaller buffer when existing site constraints (such as a road) prohibit attainment of 18 the standard buffer. Mitigation actions shall not create buffer encumbrances on adjoining prop- 19 erties. 20 6. The technical administrator shall have „ thnrit., t„ require annual monitoring of mitigation ac- 21 tivities and submittal of annual monitoring reports in accordance with WCC 16.16.260(C) to en- 22 sure and' document that the goals and objectives of the mitigation are met. The 4equnn^„ any 23 d�¢IY t}i kii�f {}iolw-ig-4i&It-be•-ba see spec4ic no n*c-PfGje C4 dete rm iRed by 24 t#e-te&aiGAsr� =er-Monitoring shall befor a period of up to 5 years. 25 and managed to pr-evF.,• ties an erasufe plFgtec 26 tire"€ er-itieal are be ac4iQyed 27 ,th Fough deed cart.-ietion 9Fetherntectiye coven nt 'n acc dame ri t �4-WCZ � 6 i 6 7&C r-a-cc-cc-vz�avc �a�-.r n-r-vcr.B+v-m-rc�-*"rre 28 7. Mitigation projects involving in -stream work including, but not limited to, installation of large 29 woody debris shall be designed to ensure there are no adverse hydraulic effects on upstream or 30 downstream properties. The County River and Flood Division shall review any such mitigation 31 projects for compliance with this provision. 32 8. On a case -by -case basis, the Technical Administrator shall have the authority to require mitiga- 33 tion for impacts to a Habitat Conservation Area at the following ratios: 34 —Where the mitigation is placed after the impact occurs, at a 35 i. 1.25:1 ratio (area or function); and, 36 �.ii. Where the mitigation is in place and functional before the impacts occur (i.e., advanced mit- 37 igation), at a 1:1 ratio (area or function). e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx87 422 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 1 ARTICLE 8. CONSERVATION PROGRAM ON AGRICULTURE LANDS (CPAL) 2 1444,240 C4*. seryation larggram an agri w1twFe Weds (GRAW16.16.800 Purpose. 3 A. The well-being of farms and ranches in Whatcom County depends in part on good quality soil, wa- 4 ter, air, and other natural resources. Agricultural operations that incorporate protection of the envi- 5 ronment, including critical areas and their buffers as defined by this chapter, are essential to achiev- 6 ing this goal. 7 B. The purpose of the CPAL program is to allow farmers practicing Aongoing agriculturale activities 8 sha€1-be-peffr�4a -w+ti that may affect critical areas, their functions and values, and/or their buff- 9 ers to do so either (i) in accordance with the standard requirements of this chapter or (ii) pursuant 10 to ae conservation farm plan voluntarily prepared and approved ed 11 bypursuant to this se0iGAArticle. Under thisoc-ulttwe f€c -ded more flexibil- 12 ity; b�ut�eRly if th fir ors are good This mom+Frei �rewieg l�e�s�t+f�+l�a135 13 afi44West9ek=4t-neeess r-44nclu lesprotecting FkJeal aFea�lf farmers and ranchers are willing to 14 enter into this agreemeotw-4 -their ammr tythe CPAL program, then flexibility in these provi 15 sions may be extended to them. If not, then then they must observe the standard provisions of this 16 Chapter. 17 1 A-.C.This program shall be subject to continued monitoring and adaptive management to ensure that it 18 meets the purpose and intent of this chapter. 19 16.16.810 Resource Concerns. 20 Kee-iRg-hiarses-a+id-ol-her-iafgeani;f►afs Agricultural operations, including the keeping of horses and 21 other large animals, have the potential to create` potential adverse impacts to critical areas. It is the 22 County's policy to minimize such impacts. 23 A. Nutrient Pollution of Water. Animal waste contains nutrients (nitrogen and phosphorous). With 24 each rain, these wastes can wash off the land and into the nearest stream, lake, or wetland. In sur- 25 face water, phosphorous and nitrogen fertilize aquatic plants and weeds. As the plants and weeds 26 proliferate and decay, the dissolved oxygen that fish need to survive is depleted. Nitrogen in the 27 form of nitrate is easily dissolved in and carried with rainfall through our permeable soils to 28 groundwater. Nitrate concentrations exceeding the maximum contaminate level for safe drinking 29 water are found in many wells of Whatcom County. These can present a significant human health 30 risk, particularly to the very old and young. 31 B. Pathogen Pollution of Water. Manure contains bacteria and other pathogens. These can make the 32 water unfit for drinking without treatment or shellfish unfit for human consumption. They can also 33 make water unsafe for human contact and recreational sports such as fishing, swimming or water 34 skiing. Both surface and groundwater are vulnerable to this type of pollution. 35 C. Sediment Pollution to Surface Water. Regardless of the amount of supplemental feed provided, 36 large animals will continue grazing until all palatable vegetation is gone. On especially small lots (one 37 or two acres), the animals that are allowed free and continuous access to vegetation quickly graze- 38 out and trample pasture grasses and forbs. These areas are then susceptible to invasion by weeds, 39 including noxious weeds, and brush. The resulting bare ground is subject to erosion from wind and 40 water. Lands that lack adequate vegetation are subject to erosion, and contaminated runoff from 41 these areas can enter water bodies and wetlands and interfere with fish and wildlife habitat. 42 D. Degradation of Riparian Areas. The term "riparian" is defined in Article 8-9 of this chapter and in- 43 cludes the areas adjacent to streams, lakes, marine shorelines and other waters. A healthy riparian 44 area is essential to protecting fish and wildlife, including salmon and shellfish. Dense riparian vege- 45 tation along the water's edge will slow and protect against flood flows; provide infiltration and filter- e:\exh a - chapter 16.16 - 2017-09-26 draft with count 1 ed+ts (unprotected) docx88 423 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ing of pollutants; secure food and cover for fish, birds and wildlife; and keep water cooler in sum- 2 mer. If it occurs, Uuncontrolled grazing has the potential to removes important riparian vegetation. 3 1 16.16.814 Exemptions. 4 The following are exempt from having to obtain a Conservation Farm Plan: 5 I 1. Landowners who do not have critical areas on their property. 6 2. Landowners who keep agricultural activities out of the standard critical areas and their buffers. 10 11 12 13 14 15 16 17 Landowners who do not exceed a ratio of 1 animal unit per 3 grazable acres and manage their animals to avoid a direct discharge of sediment or fecal matter to surface waters. Indicators of direct discharge can include de -vegetated riparian area, unfenced access to a stream, or animal confinement areas adjacent to surface waters. This is a ratio of animal units to grazable acres and may be used on parcels of any size. 4. Youth agriculture education programs that promote the use of agriculture best management practices through the use of a checklist developed by the Whatcom County Conservation District in cooperation with Whatcom County. 16.16.820 Classification and Applicability. A. A conservation farm plan identifies the farming or ranching activities and the practice(s) necessary to avoid their potential negative impacts (resource concerns). Practice selection depends upon the 18 types of livestock raised and crops grown. Based upon the type and intensity of the operation, some 19 generalizations can be made as to the resource concerns and remedies that apply. 20 B. Some operations present relatively low risks to critical areas because of their benign nature, timing, 21 frequency, or location. For these operations, the resource concerns and remedies are relatively easy 22 to identify and implement. These are described in more detail as Type 1 agricultural operations sub- 23 ject to standardized conservation farm plans in Sections 16.16.830 and 16.16.840(A). 24 C. Where the potential negative impacts to critical areas are moderate or high, solutions are more dif- 25 ficult to formulate and implement. In those circumstances, a more rigorous planning process is re- 26 quired. In such cases, a formal written plan shall provide the desired environmental protection. 27 These types of operations are described as agricultural operations requiring custom conservation 28 farm plans in Sections 16.16.830 and 16.16.840(B or Q. 29 D. Agricultural activities that qualify for coverage undeF this `eGtieR include: 30 1. Type 1 L0W4PnPact far ^�tx,el-Operations. 31 a. To qualify as a Type 1 low impaa operation, a farm shall not exceed one animal unit per one 32 acre of grazable pasture (row and berry crops do not qualify as Type 1). These operations 33 present a low potential risk to critical area degradation including ground/surface water con- 34 tamination because the animals kept generate fewer nutrients than can be used by the 35 crops grown there. where 36 b. c-Critical areas on Type 1 operations are protected against the potential negative impacts of 37 agricultural activities through the implementation of an approved standard conservation 38 farm plan prepared in accordance with Sections 16.16.830 and 16.16.840(A)Appendox A, 39 SeGtian 1, of this ,.hapteF; 40 c. Those operators qualifying for a Type I (standard) conservation farm plan may elect to do a 41 Type II (custom) conservation farm plan if they want to use "Prescribed Grazing" (NRCS 42 Practice 528A) to manage vegetative filter strips installed alongside critical areas. 43 2. Type 2 "^tee Operations. 44 a. Type 2 operations are farms that include, but are not limited to, those that exceed one ani- 45 mal unit per one acre of grazable pasture; farms that have orchards, vineyards, small -fruit 46 field or row crops; and drainage improvement districts. These operations present a potential e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx89 424 WWC 16.16 Critical Areas Regulations (Council edited version) q/26/1' 1 moderate risk to critical area degradation, including ground or surface water contamination, 2 because the nutrients applied from manure or commercial fertilizers may exceed that which 3 can be easily used by the crops grown there without careful planning and management. The 4 agricultural activities are also likely to be much more intense than Type 1 operations, posing 5 greater potential risks to other critical areas. 6 b. Critical areas on Type 2 operations are protected against the potential negative impacts of 7 agricultural activities through the implementation of an approved custom conservation farm 8 plan prepared in accordance with Sections 16.16.830 and 16.16.840(B). 9 3. Type 3 OF high impa,.+ Operations. 10 a. Type 3 operations include dairies and animal feeding operations/concentrated animal feed- 11 ing operations (AFO/CAFOs). These operations are already highly regulated by state and 12 federal governments (see Chapter 90.64 RCW et seq.; 40 CFR 122.23 and 40 CFR Part 412). 13 b. Para-r-orl+vestook-(+perytio4-wkc�,r-e-Ceritical areas are protected against the potential nega- 14 tive impacts of Type 3 agricultural activities through the implementation of an approved 15 custom conservation farm plan prepared in accordance with Sections 16.16.830 and 16 16.16.840(C)Append,i*-A,-Seexk)-r-) ,--G this c-hapter. 17 16.16.830 Conservation Farm Plans - General Standards. 18 A. All conservation farm plans shall include all practicable measures, including Best Management Prac- 19 tices, to maintain existing critical area functions and values. 20 R-- #-_111-_,.,?i+1g add 21 B. A conservation farm plan shall not sk-a4lmay n t recommend nor authorize- 22 1. -fFilling, draining, grading, or clearing activities within critical areas or buffers:; 23 a. except On!Except on existing ongoing agricultural land where such activities are ae demon- 24 strated essential part of the ongoing agricultural use or part of routine maintenance; and, 25 b. When it does not expand the boundaries of the existing ongoing agricultural use;pFevided 26 and, 27 a.c. The appropriate permits for doing so have been obtainedW-he"est-Managew-wnt-P-r wtie-es 28 af4e-w-sed that impacts are Mitigated iR aGeordance with an the appFaved GonservatiORarxrM 29 194". 30 Th o �tief� fafrr+nlprcm iatr RO 31 -1-.2.The construction of new structures. New structures shall be constructed in compliance with the 32 applicable previsions standard requirements of this chapter and the Whatcom County Code. 33 r�iet�6 34 .1. 5vt g of structures shall not result in surface or gre .nrl.. ateF coiitaminatiom 35 a-+noise-coaetrrs4e++daot4e4#e-6�se a t ri: ..ant skral�-be r tigated: 37 I4ree; apA�af-dim . eff-, ^,ese-er�sase ^ :�tfea €I4o ir�g 38 3. New or expanded drainage systems. (Routine maintenance of existing drainage systems may be 39 allowed but only in compliance with the Washington State hydraulic code (WAC 220-660) and 40 the Best Management Practices found in the "Drainage Management Guide for Whatcom Coun- 41 42 43 44 45 46 ty Drainage Improvement Districts.") 4. The conversion of land to agricultural use. C. Other plans prepared for compliance with state or federal regulations (e.g., nutrient management plans), or to obtain an accredited private third -party certification (e.g., GLOBALG.A.P.), or similar plans may be used as part of or in lieu of a Conservation Farm Plan if the Technical Administrator de- termines they adequately address the requirements of this Title. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx90 425 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/1 1 16.16.840 Conservation Farm Plan Requirements. 2 A. Type 1 (Standard) Conservation Farm Plans. Owners of Type 1 IeW-*�paEt4ivest0ek operations have 3 limited options to control animal waste because their operations are small. The required conserva- 4 tion farm plan can be prepared by the landowner and include a simple map of the property, a 5 standard checklist designed to protect water quality, and the following additional components: 6 1. System Siting and Design. Barns, corrals, paddocks, or lots are to be sited to avoid runoff directly 7 into critical areas. 8 a. Where structures exist in critical areas or buffers and cannot be relocated, corrective 9 measures must be taken if necessary to avoid runoff of pollutants and bacteria to critical ar- 10 eas. 11 b. N^1horo +reeS and shrubs e) ^Along regulated a -stream , lake , pond , or wetland 12 L Where trees and shrubs already exist, they shall be retained and managed to preserve 13 the existing functions of the buffer pursuant to the NRCS Conservation Practice 391, 14 "Riparian Forest Buffer." 15 ii. Where trees and shrubs are absent, —but the Depa Ftment of Ece o rs has d thhn 16 fir temoma-twe- e-s- 17 taI+sksed aI4�er-terretse ainga�., #ake pend�vetlaa�, a strip or ar- 18 ea of herbaceous vegetation shall be established and maintained between barns, cor- 19 rals, paddocks, and grazing areas pursuant to the USDA Natural Resource Conserva- 20 tion Service's (NRCS) Conservation Practice 393, "Vegetative Filter Strip," and USDA's 21 Buffer Width Design Tool for Surface Runoff found in the publication Conservation 22 Buffers Design Guidelines for Buffers, Corridors, and Greenways. Livestock shall be ex- 23 cluded from the vegetative filter strips established to protect critical areas pursuant to 24 NRCS Practice 472, "Access Control"• ��+,, E, r ,, E„�; ,., » 25—VVh nd shrubs are abselit, and +4e-Dejaaq►a��#„R h a 5 1 3jistef4he-wa- 26 t-eFbedy-en4he-most rece t Se+riie 3�''� EF, ,. As; impaired for +or.,nor,k.,re or ock^�._ 27 NRCS Co Rorr 3racrFce ^422, "cz--Hedgzi!Gw-Pract c- 28 im}staaintair4ed-permshe-appr--ovpf--Lconse�ztafiofr-farm--glaq+� 29 2. Manure Collection, Storage, and Use. Manure and soiled bedding from stalls and paddocks are 30 to be removed and are to be placed in a storage facility protected from rainfall so that runoff 31 does not carry pollutants and bacteria to critical areas. Manure is to be used as cropland fertiliz- 32 er. The rate and timing of manure application shall not exceed crop requirements, or cause sur- 33 face or groundwater water quality degradation. It is to be applied in a manner to avoid runoff of 34 nutrients and bacteria to critical areas. 35 3. Pasture Management. Pastures are to be established and managed pursuant to "Prescribed 36 Grazing" (NRCS Practice 528A). 37 4. Exercise or Barn Lots. These normally bare areas must be stabilized and managed to prevent 38 erosion and sediment movement to critical areas. A diversion terrace shall be installed, where 39 necessary, to hinder flow to and across the lot or paddock. Runoff from the lot must be treated 40 via the vegetative filter strip or riparian buffer as described in subsection (A3)( 1a) of this section 41 to avoid contaminants reaching critical areas. 42 5. Existing native vegetation within critical areas and their buffers shall be retained to ;e eXtP;t 43 „r +,,.able 44 6. Chemical additions, including felctilizers, fungicides, herbicides, and pesticides, shall not be ap- 45 plied within 50 feet of standing or flowing water except by a licensed applicator. Note that ditched channels may or may not meet the definition of a stream. See Article 9, Definitions. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx9l 426 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 7. Fertilizers other than manure. The rate and timing of fertilizer application shall not exceed crop 2 requirements, or cause surface or groundwater quality degradation. 3 B. Type 2 (Custom) Conservation Farm Plans. In addition to the elements of a Type 1 conservation 4 farm plan, Type 2 plans must address the following: 5 1. Plan Stag d.."In developing the elements that an approved conservation farm plan must con- 6 tain, the technical administrator may authorize the use of the methods, af4-technologies, and 7 1 Best Management Practices of the Natural Resources Conservation Service. Other standards 8 may be usedcAhe+4ha4-tby the Nail 11,esG Fse '"��GR SeFvic_- when 9 such alternatives have been developed by a land grant college or a professional engineer with 10 expertise in the area of farm conservation planning. 11 2. Plan PerfeFl^'a^^^. Implementation of the conservation farm plan must protect existing values 12 and functions of critical areas. Benchmark conditions are to be captured and described in the 13 plan. This may consist of photo documentation, written reports or both. 14 I 3. Treatment of Wetlands. Wetlands shall be conserved pursuant to the provisions of Title 180 — 15 National Food Security Act Manual (see 16 http://www.nrcs.usda.gov/programs/`wetiandsjindex.html). 17 4. Custom conservation farm plans need not address the application, mixing, and/or loading of in- 18 secticides, fungicides, rodenticides, and pesticides; provided, that such activities are carried out 19 in accordance with the Washington State Department of Agriculture and all other applicable 20 regulations including, but not limited to: the provisions of Chapter 90.48 RCW, the Clean Water 21 Act, United States Code (USC) Section 136 et seq. (Federal Insecticide, Fungicide, and Rodenti- 22 cide Act), Chapter 15.58 RCW (Pesticide Control Act), and Chapter 17.21 RCW (Pesticide Applica- 23 tion Act). 24 5. Where potential significant impacts to critical areas are identified through a risk assessment, 25 then plans shall be prepared to mitigate prevent and/or mitigate same by: 26 a. A planning advisor; or 27 b. Through the USDA Natural Resources Conservation Service; or 28 c. The Whatcom conservation district; or 29 d. An eligible farmer or rancher, who participates in this program by: 30 Attending a County -sponsored or approved workshop, and 31 Conducting a risk assessment of their farm or ranch, alone or with a planning advisor's 32 assistance, and 33 Developing a plan to prevent and/or mitigate mitigate any identified risks, and 34 Having the plan approved pursuant to WCC 16.16.290. 35 One resource for guidance is Tips on Land and Water Management for Small Farm and Livestock 36 Owners in Whatcom County, Washington. It can be obtained from the Whatcom Conservation 37 District's website: http://www.whatcomcd.org/small-farm. Other guidance may also be used, 38 provided it is consistent with the best available science criteria in WAC 365-195-900 through 39 365-195-925. 40 &.C.Type 3 (Custom) Conservation Farm Plans paw-9peratiens. 41 1. Conservation farm plans meeting the criteria of these state and federal laws pertaining to 42 AFO/CAFOs (see Chapter 90.64 RCW et seq.; 40 CFR 122.23 and 40 CFR Part 412) fulfill the re- 43 quirements of this chapter. (See USEPA Final Guidance — Managing Manure Guidance for Con- 44 centrated Animal Feeding Operations (CAFOs) at: I)ttp://epa.gnv/guide/cafo/) 45 1 16.16.850 Preparation and Approval of Conservation Farm Plans 46 Conservation farm plans shall be subject to County review, approval, monitoring, adaptive management, 47 and enforcement in accordance with the following: e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx92 427 WWC 16.16 Critical Areas Regulations (Council edited version) 3 4 5 6 10 11 12 13 14 A. The technical administrator shall review and approve th4 all conservation farm plans. ,4:B.T"e fellewing Table 4 shows which entities may prepare and/or provide technical assistance and recommendations FegaFdong-in preparing which type ofa conservation farm plan: Table 4. Who May Prepare Conservation Farm Plans Who May Prepare Type 1 Operations Type 2 and 3 Operations The farm operator X Whatcom County Planning and Development Services X X A Qualified Consultant X A Watershed Improvement District (for a farm or ranch that is within its boundaries) X The Whatcom Conservation District X X A Planning Advisor X X b. The Whateem oe4rarrvatien vDistriet7 7t, r.. A- —aFoes;th C. The farm operator can seek conservation farm plan approval directly through the dDepartment of Planning and Development Services, or grant permission to any of the entities listed in Table 4 to prepare and submit it. If the conservation farm plan is prepared by any entity listed in Table 4 other than the Whatcom Conservation District*" f^rffl epeFat^r the dDepartment will conduct a site visit prior to plan approval in order to assess critical areas and sufficiency of the plan to protect water quality and critical areas. 16.16.860 Monitoring and Compliance 15 A. The technical administrator and/or the farm operator shall periodically monitor plan implementa- 16 tion and compliance beginning one year after plan approval and every two years thereafter, through 17 the life of the plan, or more frequently at the Technical Administrator's discretion. The monitoring 18 may include periodic site inspections, self -assessment by the farm operator, or other appropriate 19 actions. For a time period of up to every 5 years, self -certification is allowed for Type 1 conservation 20 farm plans, or if the plan is prepared by the Whatcom Conservation District or Planning Advisor and 21 approved by the department. If a sufficient self -certification monitoring report (must include photos 22 and implemented Best Management Practices) is not submitted within 30 days of request, County 23 staff may make a site visit. Site visits will be coordinated with the landowner/farm operator. Prior to 24 carrying out a site inspection, the technical administrator shall provide reasonable notice to the 25 owner or manager of the property as to the purpose or need for the entry, receive confirmation, 26 and afford at least two weeks in selecting a date and time for the visit. At the landowner's/farm op- 27 erator's discretion, staff may be accompanied by the planning advisor or Whatcom Conservation 28 District planner. 29 B. Where the planning advisor has reason to believe that there is an imminent threat to public health 30 or significant pollution with major consequences occurring as a result of the agricultural operations, 31 a -the planning advisor will advise the agricultural operator of his or her concerns in writing. While 32 the planning advisor may provide suggestions for resolving the issue, the responsibility for compli- 33 ance and resolution of issues rests solely with the farm operator. If compliance issues are not 34 I promptly resolved, the planning advisor shall promptly withdraw from representing the farm opera- 35 i tor, notify the Technical Administrator of such, and may report such situations to the Technical Ad- 36 ministrator for subsequent action and enforcement in accordance with WCC 16.16.285. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx93 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 C. The farm practices described in an approved conservation farm plan will be deemed to be in compli- 2 ance with this Chapter so long as the landowner/farm operator is properly and fully implementing 3 the practices and responding to possible adaptive management requirements -lie G 4Se Va#&A 4 fam"la P is found not to teetia�c�f c�itiealM�eas fry -the app�v����anser�a�i�ao far m--plan ac- 5 cording to the timeline in the plan. This will be verified through conservation farm plan implementa- 6 tion monitoring. 7 QD. Agricultural operations shall cease to be in compliance with this Article, and a new or revised 8 conservation farm plan will be required, seetion when the technical administrator determines that 9 any of the following has occurred: 10 1. A -When a farm or ranch operator fails to properly and fully implement and maintain their con- 11 servation farm plan. 12 2. When implementation of the conservation farm plan fails to protect critical areas. If so, a new or 13 revised conservation farm plan shall be required to protect the values and functions of critical 14 areas at the benchmark condition. 15 3. When substantial changes in the agricultural activities of the farm or livestock operation have 16 occurred that render the current conservation farm plan ineffective. Substantial changes that 17 render a conservation farm plan ineffective are those that: 18 d. Degrade baseline critical area conditions for riparian and wetland areas that existinged 19 when the plan was approved; or, 20 e. Result either in a direct discharge or substantial potential discharge of pollution to surface 21 or ground water; or,. 22 f. The type of agricultural practices change from Type 1 to Type 2, Type 2 to Type 3, or Type 1 23 to Type 3 operations. 24 4. TWhen the increase in livestock or decrease in land base or nutrient export results in the farm 25 being out of balance between the nutrients generated and to be used by growing crops. 26 e-�In-such— ases-a r�ew ar revise G�nservaEfer�-ta la -will-lie required to ieet�ri�e ���ese 28 -3-.5. When a new or revised conservation farm plan is required, pufs-t-t,9--6V-Ver-$ubsee inn 29 (C)( 8)(b) er (G) of this seetie and the farm operator the t^^"^ie.^I ad-Minist---,te has been so 30 advised the writing; and a reasonable amount of time has passed without significant 31 progress being made to develop said plan. Refusal or inability to provide a new plan within a 32 reasonable period of time shall be sufficient grounds to revoke the approved conservation farm 33 plan and require compliance with the standard provisions of this chapter. 34 4.6. When an owner or manager denies the technical administrator reasonable access to the proper- 35 ty for technical assistance, monitoring, or compliance purposes, then the technical administrator 36 shall document such refusal of access and notify the owner of his/her findings. The owner shall 37 be given an opportunity to respond in writing to the findings of the technical administrator, pro- 38 pose a prompt alternative access schedule, and to state any other issues that need to be ad- 39 dressed. Refusal or inability to comply with an approved conservation farm plan within a rea- 40 sonable period of time shall be sufficient grounds to revoke said plan and require compliance 41 with the standard provisions of this chapter. 42 E. With one exception, Whatcom County will not use conservation farm plans (standard or custom) as 43 an admission by the landowner that s/he or she has violated this Chapter. Disclosure of current farm 44 practices, structures on conservation farm plan documents, or observations made through monitor- 45 ing inspections or conservation farm plan approval, will not be used to bring other enforcement ac- 46 tions against a farm operator. W The exception is that when matters of major life, health, environ- 47 ment, or safety issues, as determined by the Technical Administrator are observed and the land- e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx94 429 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 owner fails to immediately and permanently remediate, then the observations may be used in an enforcement action. 16.16.870 Limited Public Disclosure. 4 A. Conservation farm plans pf-r—Wrea —WFSOaRt W this section will not be epeR subject to public+nspee- 5 ton -disclosure unless required by law or a court of competent jurisdiction; 6 A:B.iaProvided, that the County will collect summary information related to the general location of a 7 farming enterprise, the nature of the farming activity, and the specific best management practices 8 to be implemented during the conservation farm plan review process. The summary information 9 shall be provided by the farm operator or his/her designee and shall be used to document the basis 10 for the County's approval of the plan. 11 9-.C.Wans se-IesErre4f-reqtEifed h,. a C=eHFt of c&fflpetent jwFisdirmtkm The County 12 will provide to the public via its website information regarding which farms have approved conser- 13 vation farm plans and the date of their approval. 14 QD. Upon request, the County may provide a sample conservation farm plan, exclusive of site- or 15 property -specific information, to give general guidance on the development of a conservation farm 16 plan. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotecrted).docx95 430 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ARTICLE 99. DEFINITIONS 2 16.16.900-900 Definitions. 3 "Accessory structure" means a structure that is incidental and subordinate in intensity to a primary use. 4 Barns, garages, storage sheds, and similar appurtenances es are examples. 5 "Active alluvial fan" means a portion or all of a fan that has experienced channel changes, erosion, or 6 deposition. Active fans can be identified based on determination by field geomorphic and topographic 7 evidence, and by historical accounts. 9 K�r�tly{��ed prisri+ytl prlki�rps an�sr ra+s+ng a #�eepir�g iiuetk 10 "Activity" means human activity associated with the use of land or resources. 11 "Adaptive management" means using scientific methods to evaluate how well regulatory and non- 12 regulatory actions protect the critical area. An adaptive management program is a formal and deliberate 13 scientific approach to taking action and obtaining information in the face of uncertainty. Management 14 policy may be adapted based on a periodic review of new information. 15 "Adequate water supply" means a water supply that meets requirements specified in the Whatcom 16 County drinking water ordinance (Chapter 24.11 WCC). 17 "Agricultural activities" means those activities directly pertaining to the production of crops or livestock 18 including, but not limited to: cultivation; harvest; grazing; animal waste storage and disposal; fertiliza- 19 tion; the operation and maintenance of farm and stock ponds or drainage ditches, irrigation systems, 20 and canals; and normal maintenance, repair, or operation of existing serviceable structures, facilities, or 21 improved areas. The construction of new structures or activities that bring a new, non -ongoing agricul- 22 tural area into agricultural use are not considered agricultural activitiesNe4her4hetr tiaR-af-aiew 23 spa. aC--t+v.+ e_ «hst s..:Rg , ^�.g� rea i aagr+c raft 24 Eerasider a^� r let+ui#s. 25 "Agricultural land" is land primarily devoted to the commercial production of horticultural, viticultural, 26 floricultural, dairy, apiary, or animal products, or of berries, grain, hay, straw, turf, seed, Christmas trees 27 not subject to the excise tax imposed by RCW 84.33.100 through 84-33.140, or livestock, and/or lands 28 that have been designated as capable of producing food and fiber, which have not been developed for 29 urban density housing, business, or other uses incompatible with agricultural activity. 30 "Alluvial fan" means a fan -shaped deposit of sediment and organic debris formed where a stream flows 31 or has flowed out of a mountainous upland onto a level plain or valley floor because of a sudden change 32 in sediment transport capacity (e.g., significant change in slope or confinement). 33 "Alluvium" is a general term for clay, silt, sand, gravel, or similar other unconsolidated detrital materials, 34 deposited during comparatively recent geologic time by a stream or other body of running water, as a 35 sorted or semi -sorted sediment in the bed of the stream or on its floodplain or delta. 36 "Alteration" means any human -induced change in an existing condition of a critical area or its buffer. 37 Alterations include, but are not limited to, grading, filling, channelizing, dredging, clearing (vegetation), 38 draining, construction, compaction, excavation, or any other activity that changes the character of the 39 critical area. 40 "Anadromous fish" means fish species that spend most of their lifecycle in salt water, but return to 41 freshwater to reproduce. e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx96 431 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2F "Animal unit" means 1,000 pounds of livestock live weight. "Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of groundwater to wells or springs (Chapter 173-160 WAC). 4 "Aquifer susceptibility" means the ease with which contaminants can move from the land surface to the 5 aquifer based solely on the types of surface and subsurface materials in the area. Susceptibility usually 6 defines the rate at which a contaminant will reach an aquifer unimpeded by chemical interactions with 7 the vadose zone media. 8 "Aquifer vulnerability" is the combined effect of susceptibility to contamination and the presence of po- 9 tential contaminants. 10 "Bankfull width" means: 11 (a) For streams —The measurement of the lateral extent of the water surface elevation perpendicu- 12 lar to the channel at bankfull depth. In cases where multiple channels exist, bankfull width is the 13 sum of the individual channel widths along the cross-section (see board manual section 2). 14 (b) For lakes, ponds, and impoundments — Line of mean high water. 15 (c) For tidal water — Line of mean high tide. 16 (d) For periodically inundated areas of associated wetlands — Line of periodic inundation, which will 17 be found by examining the edge of inundation to ascertain where the presence and action of 18 waters are so common and usual, and so long continued in all ordinary years, as to mark upon 19 the soil a character distinct from that of the abutting upland. 20 "Base flood" is a flood event having a once pereentl% chance of being equaled or exceeded in any given 21 year, also referred to as the 100-year flood. Designations of base flood areas on flood insurance map(s) 22 always include the letters A (zone subject to flooding during a 100-year flood, but less so than V zones) 23 or V (zone subject to the highest flows, wave action, and erosion during a 100-year flood). 24 "Bedrock" is a general term for rock, typically hard, consolidated geologic material that underlies soil or 25 other unconsolidated, superficial material or is exposed at the surface. 26 `Best available science" means information from research, inventory, monitoring, surveys, modeling, 27 synthesis, expert opinion, and assessment that is used to designate, protect, or restore critical areas. As 28 defined by WAC 365-195-900 through 365-195-925, best available science is derived from a process that 29 includes peer -reviewed literature, standard methods, logical conclusions and reasonable inferences, 30 quantitative analysis, and documented references to produce reliable information. 31 "Best management practices" means conservation practices or systems of practices and management 32 measures that: 33 1. Control soil loss and reduce water quality degradation caused by nutrients, animal waste, toxins, 34 and sediment; 35 2. Minimize adverse impacts to surface water and groundwater flow, circulation patterns, and to 36 the chemical, physical, and biological characteristics of waters, wetlands, and other fish and 37 wildlife habitat; 38 3. Control plant site runoff, spillage or leaks, sludge or water disposal, or drainage from raw mate- 39 rial. 40 "Buffer (the buffer zone)" means the area adjacent to the outer boundaries of critical areas including 41 wetlands; habitat conservation areas such as streams, lakes, and marine shorelines; and/or landslide 42 hazard areas that separates and protects critical areas from adverse impacts associated with adjacent 43 land uses. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx97 432 WWC 16.16 Critical Areas Regulations (Council edited version) 1 "Channel migration zone (CMZ)" means the area along a river or stream within which the channel can 2 reasonably be expected to migrate over time as a result of normally occurring processes. It encompasses 3 that area of current and historic lateral stream channel movement that is subject to erosion, bank de- 4 stabilization, rapid stream incision, and/or channel shifting, as well as adjacent areas that are suscepti- 5 ble to channel erosion. There are three components of the channel migration zone: (1) the historical 6 migration zone (HMZ) —the collective area the channel occupied in the historical record; (2) the avulsion 7 hazard zone (AHZ) — the area not included in the HMZ that is at risk of avulsion over the timeline of the 8 CMZ; and (3) the erosion hazard area (EHA) — the area not included in the HMZ or the AHZ that is at risk 9 of bank erosion from stream flow or mass wasting over the timeline of the CMZ. The channel migration 10 zone may not include the area behind a lawfully constructed flood protection device. Channel migration 11 zones shall be identified in accordance with guidelines established by the Washington State Department 12 of Ecology. 13 "Clearing" means destruction of vegetation by manual, mechanical, or chemical methods resulting in 14 exposed soils. "Clearing" M S_the FeFAGVal of , etalio oF plant by alp Ghe alp or 15 , but is notmRed to, aetii9ms sweh as euttifig;fe 11 0no,, thi^^'.,. l a ed- 16 i 44ng-up no, OF bU 17 "Commercial fish" means those species of fish that are classified under the Washington State Depart- 18 ment of Fish and Wildlife Food Fish Classification as commercial fish (WAC 220-12-010). 19 "Compensatory mitigation" means a project for the purpose of mitigating, at an equivalent or greater 20 level, unavoidable critical area and buffer impacts that remain after all appropriate and practicable 21 avoidance and minimization measures have been implemented. Compensatory mitigation includes, but 22 is not limited to: wetland creation, restoration, enhancement, and preservation; stream restoration and 23 relocation; rehabilitation; and buffer enhancement. 24 "Conservation" means the prudent management of rivers, streams, wetlands, wildlife and other envi- 25 ronmental resources in order to preserve and protect them. This includes the careful tail+7atiGn--use of 26 natural resources in order to prevent depletion or harm to the environment. 27 "Conservation easement" means a legal agreement that the property owner enters into to restrict uses 28 of the land for purposes of natural resources conservation. The easement is recorded on a property 29 deed, runs with the land, and is legally binding on all present and future owners of the property. 30 "Contaminant" means any chemical, physical, biological, or radiological substance that does not occur 31 naturally in groundwater, air, or soil or that occurs at concentrations greater than those in the natural 32 levels (Chapter 172-200 WAC). 33 "County" means Whatcom County, Washington. 34 "Covered assembly" means any structure that has the potential to provide capacity for large numbers of 35 people or assemblies such as but not limited to convention centers, churches, theatres, etc. 36 "Critical aquifer recharge areas" means areas designated by WAC 365-190-080(2) that are determined 37 to have a critical recharging effect on aquifers (i.e., maintain the quality and quantity of water) used for 38 potable water as defined by WAC 365-190-030(2). 39 "Critical Areas." The following areas shall be regarded as critical areas: 40 1. Critical aquifer recharge areas; 41 2. Wetlands; 42 3. Geologically hazardous areas; 43 4. Frequently flooded areas; e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx98 433 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 5. Fish and wildlife habitat conservation areas. 2 "Critical areas report" means a report prepared by a qualified professional or qualified consultant based 3 on best available science, and the specific methods and standards for technical study required for each 4 applicable critical area. Geotechnical reports and hydrogeological reports are critical area reports specif- 5 is to geologically hazardous areas and critical aquifer recharge areas, respectively. 6 "Critical area tract" means land held in private ownership and retained in an open undeveloped condi- 7 tion (native vegetation is preserved) in perpetuity for the protection of critical areas. 8 LC_4Weall-rfacm!44es (essential faGili+ieS)" rr.e-.., rt•,t ra rr,�in ��i tdi-rigs-aid-�k�e+-str�..ree thM�,�te 9 eper��=zfaev#�fxteme envia}era'~ka�1+ fr�xs-flt�e�-w�,^�,., vs�a�t#ctiv+tie sir 10 �Jakes put}&ucr�r tr v-��ti mnclrrv-ter `'"� kit �'R4atiepaY448 44inn�r g Gode (I13C)2003 Ed i*ir.,, Theca iDE1 Arlo 11 but aFe not limited te: 12 1. ui{d•}ng-s and ether rt FILIGN _ c t e@ri�rra-scseT a —substantial hazard to human life in the event-Gf 13 fai€rici�lin„o-I�ed-tom 14 c�!^YJtf FIdF�ec end .,thar StRrtWeS W mnra than 701 people Ea.,r .or . in one areaj 15 b —. 9tAdi ngs--a rx -Gt- e F seh eQ ^. G d , eaFe fae;l;- 16 ties with an DGE nt loa ,. feateF than 250, 17 sty WC-Wr tmes ;r, €e, 18 edu •,+'en faGil•t•a • 19 el--#eaatf>Ke tac-s#ities#�-ate c�s>#-laace#3C� awe residepaie^t,ixd+�ag 20 surgery or emefgeRey4featment z 21 e:—Ja4 --and deef4a4l4tieLs� 22 C— Any -et#er-eec.n th ate,., ea+,,� ,MO 23 g--RGver-gener-atingstati�wa#eLr--tFeat. ent foF . ASater }Feat Rent-�4- 24 tia ,,ne�f^.iir till+., facilities !n ,t i rl din ��y t ir.r1. rinrl in e. hr f� 4�.uaec— ipr:v- 25 pat�k�e#iett���n 26 h-_luFldY ngs a{r,��tt-`5 tmF-.«r.r.+ Included i ubs cti.�,.� 2 pif *L..r mTi'i,,,i,,ina r. n 27 quantities-4-ti *ic-or eJF j�S±tute i ta�icc sL+"v'�dt �s�rn5�c r� vca g e �liihl ir- 4 cola iced 28 2m:-t7{}{I and eetiheF st Fucturec designed as'-'` 29 =-�$ ita4a F�ther health ,nT"u Fgec....9r emerne�in ey t � efl cr c-44miesj 30 b�►`Yt-c-Fcxseue and police stations, and e. ;Fg�,�i 'Cti4c4e ga-rageLs r 31 r4 u_ake-,4urri a oF other ein nnrn+a�ncy r,.f,.`+el+err. }� 32 4--- Liaated emereenr.i n _ _ re.dpesti. &, c� C'a4oFi, s�tit�l���er��"ttlQf_fa- 33 der 34 o StruOurec containing fined h f +h �+g#�fy--terx�tefiafs-as deny-t�ee�ien-3O��ua,e-q�n 35 t-y-ef-the mater4al exr=eeds h } a>Eifiu aliewable-quaRtitie�f Ins -3gm7-. 2 , 36 �.—AAatian contrel te,.a.err -a f-tRf IC---evntfoke44terr and e er..enry-aar Faft haagafs; 37 g----9,64 i 4g-s a PA ethtFUrAW Fe s h avi ng-�t :T.ati�nat de#errse-€t etae f 38 h--Water treatmek-fn..ilitie.qOred rnainta4+-wateiz-well Ke f^r fiFe swppPe&5i*n-,m 39 i Rawer-�i ine- *�}il�.n� nd .,+smigr--p{a e-�y-faei4ties-"tt -Fed as -el sefgef}c1� f l�l 40 facilities fe.r s+.,.,-tunes-iiste"bove: 41 "Critical habitat" means habitat areas with which endangered, threatened, sensitive or monitored plant, 42 fish, or wildlife species have a primary association (e.g., feeding, breeding, rearing of young, migrating). 43 Such areas are identified herein with reference to lists, categories, and definitions promulgated by the 44 Washington State Department of Fish and Wildlife as identified in WAC 232-12-011 or 232-12-014; in 45 the Priority Habitat and Species (PHS) Program of the Department of Fish and Wildlife; or by rules and e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx99 434 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 regulations adopted by the U.S. Fish and Wildlife Service, National Marine Fisheries Service, or other agency with jurisdiction for such designations. 3 "Critical Saltwater Habitat" includes all kelp beds, eelgrass beds, spawning and holding areas for forage 4 fish, such as pacific herring, surf smelt and pacific sandlance; subsistence, commercial and recreational 5 shellfish beds; mudflats, intertidal habitats with vascular plants, and areas with which priority species 6 have a primary association. 7 "Cumulative Impact" means effects on the environment that are caused by the combined results of past, 8 current and reasonably foreseeable future activities. Evaluation of such cumulative impacts should con- 9 sider: (i) current circumstances affecting the critical area and relevant natural processes; (ii) reasonably 10 foreseeable future development that may affect the critical area; and (iii) beneficial effects of any estab- 11 lished regulatory programs under other local, state, and federal laws. 12 "Debris flow" means a moving mass of rock fragments, soil, and mud, more than half of the particles 13 being larger than sand size; a general term that describes a mass movement of sediment mixed with 14 water and air that flows readily on low slopes. 15 "Debris torrent" means a violent and rushing mass of water, logs, boulders and other debris. 16 "Deepwater habitats" means permanently flooded lands lying below the deepwater boundary of wet- 17 lands. Deepwater habitats include environments where surface water is permanent and often deep, so 18 that water, rather than air, is the principal medium in which the dominant organisms live. The boundary 19 between wetland and deepwater habitat in the marine and estuarine systems coincides with the eleva- 20 tion of the extreme low water of spring tide; permanently flooded areas are considered deepwater habi- 21 tats in these systems. The boundary between wetland and deepwater habitat in the riverine and lacus- 22 trine systems lies at a depth of two meters (6.6 feet) below low water; however, if emergent vegetation, 23 shrubs, or trees grow beyond this depth at any time, their deepwater edge is the boundary. 24 "Delineation" means the precise determination of wetland/non-wetland boundaries in the field accord- 25 ing to the application of the specific method described in the 1 9:Was#`"�*n "� tland Delonea 26 the Corps of Engineers Wetlands Delineation Manual, 1987 Edition, as amended and 27 the Western Mountains, Valleys, and Coast Region supplement (Version 2.0) 2010 or as revised. 28 "Designated Species, Federal." Federally designated endangered and threatened species are those fish 29 and wildlife species identified by the U.S. Fish and Wildlife Service and the National Marine Fisheries 30 Service that are in danger of extinction or threatened to become endangered. The U.S. Fish and Wildlife 31 Service and the National Marine Fisheries Service should be consulted for current listing status. 32 "Designated Species, State." State designated endangered, threatened, and sensitive species are those 33 fish and wildlife species native to the state of Washington identified by the Washington Department of 34 Fish and Wildlife, that are in danger of extinction, threatened to become endangered, vulnerable, or 35 declining and are likely to become endangered or threatened in a significant portion of their range with- 36 in the state without cooperative management or removal of threats. State designated endangered, 37 threatened, and sensitive species are periodically recorded in WAC 232-12-014 (state endangered spe- 38 cies) and WAC 232-12-011(state threatened and sensitive species). The State Department of Fish and 39 Wildlife maintains the most current listing and should be consulted for current listing status. 40 "Development" means any activity that requires federal, state, or local approval for the use or modifica- 41 tion of land or its resources. These activities include, but are not limited to: subdivision and short subdi- 42 visions; binding site plans; planned unit developments; variances; shoreline substantial development 43 I and exemptions; clearing activity; fill and grade work; activity conditionally allowed; building or con- 44 struction; revocable encroachment permits; and septic approval. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx100 435 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 "Wainage or "Drainage Ditch" means an artificially created watercourse constructed to 440 2 convey surface or groundwater. Ditches are graded (manmade) channels installed to collect and convey 3 ff water to or from fields and roadways. Ditches may include: 4 p irrigation ditches, 5 waste ways, 6 drains, 7 outfalls, 8 operational spillways, 9 m channels, 10 w stormwater runoff facilities 11 or other wholly artificial watercourses,-exc-ept-tl}ese-t4 at4 ec-tly-�sult-€r-Gm-t"e-m-faca-ti4n-t-a 12 +,,.-..I , ate,.,.,,urse 13 ..ar otho. ater rnuirses wh4e� 14 - aatm � rigr to human aI+orarj4nan-d/-Gf 15 theA"terway-s used -by rumGus-ur Fesfish _&F 16---flow-s-direct4y mto shellfis hab -Gnrn� on a 17 are-r-yat. is£jAer,"Emergency 18 activities" means those activities which require immediate action within a time too short to allow full 19 compliance with this chapter due to an unanticipated and imminent threat to public health, safety or 20 the environment. Emergency construction does not include development of new permanent protective 21 structures where none previously existed. All emergency construction shall be consistent with the poli- 22 cies of Chapter 90,58 RCW and this chapter. As a general matter, flooding or other seasonal events that 23 can be anticipated and may occur but that are not imminent are not an emergency. 24 "Emergent wetland" means a wetland with at least 30%;.:= of the surface area covered by erect, 25 rooted, herbaceous vegetation as the uppermost vegetative strata. 26 "Enhancement" means actions performed within an existing degraded critical area and/or buffer to in- 27 tentionally increase or augment one or more functions or values of the existing critical area or buffer. 28 Enhancement actions include, but are not limited to, increasing plant diversity and cover, increasing 29 wildlife habitat and structural complexity (snags, woody debris), installing environmentally compatible 30 erosion controls, or removing nonindigenous plant or animal species. 31 "Erosion" means a process whereby wind, rain, water and other natural agents mobilize, transport, and 32 deposit soil particles. 33 "Erosion hazard areas" means lands or areas underlain by soils identified by the U.S. Department of Ag- 34 riculture Natural Resource Conservation Service (NRCS) as having "severe" or "very severe" erosion haz- 35 ards and areas subject to impacts from lateral erosion related to moving water such as river channel mi- 36 gration and shoreline retreat. 37 38 39 40 41 42 "Essential facilities" means those facilities that are necessary to maintain life, health, welfare, and safety functions such as but not limited to: fire and police stations; emergency medical facilities or medical fa- cilities containing surgery or emergency treatment areas; emergency response services or preparedness centers and their associated buildings, shelters, or vehicle storage areas; jails; and detention centers; structures and equipment in government communications centers and other facilities required for emergency response; power generating stations, standby power generating equipment or other types of e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx101 436 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 public utility facilities that if interrupted would cause disruption to normal living and business opera- 2 tions; and wastewater treatment plants. 3i �#a-t-aye-tica e�-te-�+hTa�� orf • r+a to 4 ed�+Eatie -f it r��.� 5ta=e�w-Fegianal 4 Rsper-ta#ae�-#�a4i#ies, stater-d solid 5 'es; a-nd-inpa;ient fa +es, mwfa4hel 6 4 �,d-gfGL+-4e'e+es. 7 "Estuarine wetland" means the zero -gradient sector of a stream where it flows into a standing body of 8 water together with associated natural wetlands; tidal flows reverse flow in the wetland twice daily, de- 9 termining its upstream limit. It is characterized by low bank channels (distributaries) branching off the 10 main stream to form a broad, near -level delta; bank; bed and delta materials are silt and clay; banks are 11 stable; vegetation ranges from marsh to forest; and water is usually brackish due to daily mixing and 12 layering of fresh and salt water. 13 "Exotic" means any species of plants or animals that is not indigenous to the area. 14 "Farm pond" means an open water depression created from a non -wetland site in connection with agri- 15 cultural activities. 16 "Feasible" means an action, such as a development project, mitigation, or preservation requirement 17 that meets all of the following conditions: 18 a. The action can be accomplished with technologies and methods that have been used in the past 19 in similar circumstances, or studies or tests have demonstrated in similar circumstances that 20 such approaches are currently available and likely to achieve the intended results; 21 b. The action provides a reasonable likelihood of achieving its intended purpose; and, 22 c. The action does not physically preclude achieving the project's primary intended legal use. 23 In cases where this chapter requires certain actions, unless they are infeasible, the burden of proving 24 infeasibility is on the applicant/ proponent. In determining an action's infeasibility, the county may 25 weigh the action's relative costs and public benefits, considered in the short- and long-term time 26 frames. 27 "Feasible alternative" means an action, such as development, mitigation, or restoration, that meets all 28 of the following conditions: (1) the action can be accomplished with technologies and methods that 29 have been used in the past in similar circumstances, or studies or tests have demonstrated in similar 30 circumstances that such approaches are currently available and likely to achieve the intended results; (2) 31 the action provides a reasonable likelihood of achieving its intended purpose; and (3) the action does 32 not physically preclude achieving the project's primary intended legal use. Feasibility shall take into ac- 33 count both short- and long-term monetary and nonmonetary costs and benefits. 34 "Fen" means a mineral -rich wetland formed in peat that has a neutral to alkaline pH. Fens are wholly or 35 partly covered with water and dominated by grass -like plants, grasses, and sedges. 36 "Filling" means the act of transporting or placing by any manual or mechanical means fill material from, 37 to, or on any soil surface, including temporary stockpiling of fill material. 38 "Fill material" means any solid or semi -solid material, including rock, sand, soil, clay, plastics, construc- 39 tion debris, wood chips, overburden from mining or other excavation activities, and materials used to 40 create any structure or infrastructure that, when placed, changes the grade or elevation of the receiving 41 site. 42 "Fish and wildlife habitat conservation areas" are areas that serve a critical role in sustaining needed 43 C habitats and species for the functional integrity of the ecosystem, and which, if altered, may reduce the e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx102 437 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 likelihood that the species will persist over the long term. These areas may include, but are not limited 2 to, rare or vulnerable ecological systems, communities, and habitat or habitat elements including sea- 3 sonal ranges, breeding habitat, winter range, and movement corridors; and areas with high relative 4 population density or species richness. Counties and cities may also designate locally important habitats 5 and species. "Fish and wildlife habitat conservation areas" does not include such artificial features or 6 constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches 7 that lie within the boundaries of, and are maintained by, a port district or an irrigation district or com- 8 pang, r,ears-Freas4mpoptant for maintaining speE r.c ri.4a 4--h- %,ithin their natural g. ogicaphic- 9 elistr+bd Je-s�t1aa* 10 "Fish habitat" means a complex of physical, chemical, and biological conditions that provide the life- 11 supporting and reproductive needs of a species or life stage of fish. Although the habitat requirements 12 of a species depend on its age and activity, the basic components of fish habitat in rivers, streams, 13 ponds, lakes, estuaries, marine waters, and nearshore areas include, but are not limited to, the follow- 14 ing: 15 1. Clean water and appropriate temperatures for spawning, rearing, and holding; 16 2. Adequate water depth and velocity for migrating, spawning, rearing, and holding, including off- 17 channel habitat; 18 3. Abundance of bank and in -stream structures to provide hiding and resting areas and stabilize 19 stream banks and beds; 20 4. Appropriate substrates for spawning and embryonic development. For stream- and lake- 21 dwelling fishes, substrates range from sands and gravel to rooted vegetation or submerged 22 rocks and logs. Generally, substrates must be relatively stable and free of silts or fine sand; 23 5. Presence of riparian vegetation as defined in this article. Riparian vegetation creates a transition 24 zone, which provides shade and food sources of aquatic and terrestrial insects for fish; 25 6. Unimpeded passage (i.e., due to suitable gradient and lack of barriers) for upstream and down- 26 stream migrating juveniles and adults. 27 "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of 28 normally dry land areas from the overflow of inland waters and/or the unusual and rapid accumulation 29 of runoff of surface waters from any source. 30 "Floodplain" means the total land area adjoining a river, stream, watercourse, or lake subject to inunda- 31 tion by the base flood. 32 "Floodway" means the channel of a river or other watercourse and the adjacent land area that must be 33 reserved in order to discharge the base flood without cumulatively increasing the surface water eleva- 34 tion more than one foot. Also known as the "zero rise floodway." 35 "Forested wetland" means a wetland with at least 30% perGeRt of the surface area covered by woody 36 vegetation greater than 20 feet in height, excluding monotypic stands of red alder or cottonwood that 37 average eight inches in diameter at breast height or less. 38 "Frequently flooded areas" means lands in the floodplain subject to a one peFeent1% or greater chance 39 of flooding in any given year and those lands that provide important flood storage, conveyance and at- 40 tenuation functions, as determined by the County in accordance with WAC 365-190-080(3). Classifica- 41 tions of frequently flooded areas include, at a minimum, the "Special Flood Hazard Area" 100 year 42 1 fleadplaffin designations of the Federal Emergency Management Agency and the National Flood Insur- 43 ance Program. 44 "Functions, services, and value" means the beneficial functions that roles Snr,•e,- by critical areas per- 45 form, the services they provide humans, and the values people derive from these roles including, but e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx103 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26 1 not limited to, water quality protection and enhancement, fish and wildlife habitat, food chain support, 2 flood storage, conveyance and attenuation, groundwater recharge and discharge, erosion control, wave 3 attenuation, protection from hazards, providing historical and archaeological resources, noise and visual 4 screening, open space, and recreation. These beneficial roles are not listed in order of priority. 5 "Function assessment" or "functions and values assessment" means a set of procedures, applied by a 6 qualified consultant, to identify the ecological functions being performed in a wetland or other critical 7 area, usually by determining the presence of certain characteristics, and determining how well the criti- 8 cal area is performing those functions. Function assessments can be qualitative or quantitative and may 9 consider social values potentially provided by the wetland or other critical area. Function assessment 10 methods must be consistent with best available science. 11 "Functions" means the processes or attributes provided by areas of the landscape (e.g., wetlands, rivers, 12 streams, and riparian areas) including, but not limited to, habitat diversity and food chain support for 13 fish and wildlife, groundwater recharge and discharge, high primary productivity, low flow stream water 14 contribution, sediment stabilization and erosion control, storm and flood water attenuation and flood 15 peak desynchronization, and water quality enhancement through biofiltration and retention of sedi- 16 ments, nutrients, and toxicants. These beneficial roles are not listed in order of priority. 17 "Game fish" means those species of fish that are classified by the Washington State Department of Wild- 18 life as game fish (WAC 232-12-019). 19 "Geologically hazardous areas" means areas that, because of their susceptibility to erosion, sliding, 20 earthquake, or other geological events, pG&e wiiac-eei3t risk e ;c-al a ety atid may -are 21 not suited to the siting of commercial, residential, or industrial development consistent with public 22 health or safety concerns. 23 "Gradient" means a degree of inclination, or a rate of ascent or descent, of an inclined part of the 24 earth's surface with respect to the horizontal; the steepness of a slope. It is expressed as a ratio (vertical 25 to horizontal), a fraction (such as meters/kilometers or feet/miles), a percentage (of horizontal dis- 26 tance), or an angle (in degrees). 27 "Grading" means any excavating or filling of the earth's surface or combination thereof. 28 "Grazable acres" means both pasture and hayland as described in the Whatcom County Standard Farm 29 Conservation Planning Workbook. 30 "Groundwater" means all water that exists beneath the land surface or beneath the bed of any stream, 31 lake or reservoir, or other body of surface water within the boundaries of the state, whatever may be 32 the geological formation or structure in which such water stands or flows, percolates or otherwise 33 moves (Chapter 90.44 RCW). 34 "Groundwater management area" means a specific geographic area or subarea designated pursuant to 35 Chapter 173 100 WAC for which a groundwater management program is required. 36 "Groundwater management program" means a comprehensive program designed to protect groundwa- 37 ter quality, to assure groundwater quantity, and to provide for efficient management of water resources 38 while recognizing existing groundwater rights and meeting future needs consistent with local and state 39 objectives, policies and authorities within a designated groundwater management area or subarea and 40 developed pursuant to Chapter 173-100 WAC. 41 "Growing season" means the portion of the year when soil temperatures are above biologic zero (41 42 degrees Fahrenheit). e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx104 439 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 "Growth Management Act" means Chapters 36.70A and 36.706 RCW, as amended. 2 "Habitats of local importance" designated as fish and wildlife habitat conservation areas include those 3 areas found to be locally important by Whatcom County pursuant to WCC 16.16.710(C)(14). 4 "Hazard tree" means any tree that is susceptible to immediate fall due to its condition (damaged, dis- 5 eased, or dead) or other factors, and which because of its location is at risk of damaging permanent 6 physical improvements to property or causing personal injury. 7 "Hazardous facilities" means those occupancies or structures housing or supporting toxic or explosive 8 chemicals or substances and any non -building structures housing, supporting or containing quantities of 9 toxic or explosive substances that, if contained within a building, would cause that building to be de- 10 fined as a hazardous facility. Hazardous facilities include any elements contained in the definition for 11 "hazardous waste treatment and storage facility." Hazardous facilities may be classified as a group "H" 12 occupancy in the UBC. 13 "Hazardous substance" means any liquid, solid, gas, or sludge, including any material, substance, prod- 14 uct, commodity, or waste, regardless of quantity, that exhibits any of the physical, chemical or biological 15 properties described in WAC 173-303-090 or 173-303-100. 16 "High intensity land use" means land use that includes the following uses or activities: commercial, ur- 17 ban, industrial, institutional, retail sales, residential (more than one unit/acre), high -intensity new agri- 18 culture (dairies, nurseries, greenhouses, raising and harvesting crops requiring annual tilling, raising and 19 maintaining animals), high -intensity recreation (golf courses, ball fields), hobby farms, and Class IV 1pe- 20 cial forest practices, including the building of logging roads (note that pursuant to WCC 16.16.230(A) all 21 other forest practices are exempt from this chapter). 22 "Hydraulic project approval (HPA)" means a permit issued by the State Department of Fish and Wildlife 23 for modifications to waters of the state in accordance with Chapter 75-20 RCW. 24 "Hydric soil' means a soil that is or has been saturated, flooded or ponded long enough during the grow- 25 ing season to develop anaerobic conditions in the upper part. The presence of hydric soil shall be de- 26 termined following the methods described in the NRCS Field Indicators of Hydric Soils version 7, and/or 27 the Corps of Engineers Wetlands Delineation Manual, as amendeclWashington State W"+1and ideptifica 28 09R and Delineation 6daAual (RC- I �G 7hA 77i1 29 "Hydrologic soil groups" means soils grouped according to their runoff -producing characteristics under 30 similar storm and cover conditions. Properties that influence runoff potential are depth to seasonally 31 high water table, intake rate and permeability after prolonged wetting, and depth to a low permeable 32 layer. Hydrologic soil groups are normally used in equations that estimate runoff from rainfall, but can 33 be used to estimate a rate of water transmission in soil. There are four hydrologic soil groups: 34 1. Low runoff potential and a high rate of infiltration potential; 35 2. Moderate infiltration potential and a moderate rate of runoff potential; 36 3. Slow infiltration potential and a moderate to high rate of runoff potential; and 37 4. High runoff potential and very slow infiltration and water transmission rates. 38 "Hydrophytic vegetation" means macrophytic plant life growing in water or on a substrate that is at 39 least periodically deficient in oxygen as a result of excessive water content. 40 "Hyporheic zone" means the saturated zone located beneath and adjacent to streams that contain some 41 proportion of surface water from the surface channel. The hyporheic zone serves as a filter for nutrients, 42 as a site for macroinvertebrate production important in fish nutrition and provides other functions re- 43 lated to maintaining water quality. e.\exh a - chapter 16.16 - 2017-09-26 draft with counos edits (unprotected).docx105 MR , WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 "Impervious surface" means a hard surface area that either prevents or retards the entry of water into 2 the soil mantle as under natural conditions prior to development or that causes water to run off the sur- 3 face in greater quantities or at an increased rate of flow compared to natural conditions prior to devel- 4 opment. Common impervious surfaces may include, but are not limited to, roof tops, walkways, patios, 5 driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen mate- 6 rials, and oiled macadam or other surfaces which similarly impede the natural infiltration of stormwater. 7 Impervious surfaces do not include surface created through proven low impact development tech- 8 niques. 9 "Infiltration" means the downward entry of water into the immediate surface of soil. 10 "In -kind compensation" means to replace critical areas with substitute areas whose characteristics and 11 functions mirror those destroyed or degraded by a regulated activity. 12 "Intertidal zone" means the substratum from extreme low water of spring tides to the upper limit of 13 spray or influence from ocean -derived salts. It includes areas that are sometimes submerged and some- 14 times exposed to air, mud and sand flats, rocky shores, salt marshes, and some terrestrial areas where 15 salt influences are present. 16 "Invasive species" means a species that is: (1) nonnative (or alien) to Whatcom County, and (2) whose 17 introduction causes or is likely to cause economic or environmental harm or harm to human health. In- 18 vasive species can be plants, animals, and other organisms (e.g., microbes). Human actions are the pri- 19 mary means of invasive species introductions. 20 "Lahar" means a mudflow and debris flow originating from the slopes of a volcano. 21 I "Lahar kw- ti iat4a-P-hazardzene area" means areas that have been or potentially could be inundated by 22 lahars or other types of debris flows, according to a map showing Volcano Hazards from Mount Baker, 23 Washington. 24 "Lake" means a naturally or artificially created body of deep (generally greater than 6.6 feet) open water 25 that persists throughout the year. A lake is larger than a pond, greater than one acre in size, equal to or 26 I greater than 6.6 feet in depth, and has less than 30% perr-ent-aerial coverage by trees, shrubs, or persis- 27 tent emergent vegetation. A lake is bounded by the ordinary high water mark or the extension of the 28 elevation of the lake's ordinary high water mark with the stream where the stream enters the lake. 29 "Landfill" means a disposal facility or part of a facility at which solid waste is permanently placed in or on 30 land including facilities that use solid waste as a component of fill. 31 "Landslide" means a general term covering a wide variety of mass movement landforms and processes 32 involving the downslope transport, under gravitational influence of soil and rock material en masse; in- 33 cluded are debris flows, debris avalanches, earthflows, mudflows, slumps, mudslides, rock slides, and 34 rock falls. 35 "Landslide hazard areas" means areas that, due to a combination of site conditions like slope inclination 36 and relative soil permeability, are susceptible to mass wasting. 37 "Low intensity land use" means land use that includes the following uses or activities: forestry (cutting 38 of trees only), low -intensity open space (such as passive recreation and natural resources preservation), 39 and unpaved trails. 40 "Maintenance or repair" means those usual activities required to prevent a decline, lapse or cessation 41 from a lawfully established condition or to restore the character, scope, size, and design of a serviceable 42 area, structure, or land use to a state comparable to its previously authorized and undamaged condition. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx106 441 'C 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 This does not include any activities that change the character, scope, or size of the original structure, 2 facility, utility or improved area beyond the original design. 3 "Major development" means any project for which a major project permit is required pursuant to Chap- 4 ter 20.88 WCC. For the purposes of this chapter, "major development" shall also mean any project asso- 5 ciated with an existing development for which a major development permit has been required or other 6 existing legally nonconforming development for which a major development permit would otherwise be 7 required if developed under the current land use regulations outlined in WCC Title 20. 8 "Mass wasting" means downslope movement of soil and rock material by gravity. This includes soil 9 creep, erosion, and various types of landslides, not including bed load associated with natural stream 10 sediment transport dynamics. 11 "Mature forested wetland" means a wetland with an overstory dominated by mature trees having a 12 wetland indicator status of facultative (FAC), facultative -wet (FACW), or obligate (OBL). Mature trees are 13 considered to be at least 21 inches in diameter at breast height. 14 "Maximum Credible Event" means the largest debris flow event that can be hypothesized from geologic 15 processes within the watershed above the alluvial fan with consideration of the volume of sediment and 16 debris that would be available within the drainage combined with the material the from landslides that 17 would enter the drainage, and the volume of water that could become trapped behind and within the 18 debris flow or dammed within the drainage. 19 "May" means the action is allowable, provided it conforms to the provisions of this Title. 20 "Mean annual flow" means the average flow of a river or stream (measured in cubic feet per second) 21 from measurements taken throughout the year. If available, flow data for the previous 10 years should 22 be used in determining mean annual flow. 23 "Mitigation" means individual actions that may include a combination of the following measures, listed 24 in order of preference: 25 1. Avoiding an impact altogether by not taking a certain action or parts of actions; 26 2. Minimizing impacts by limiting the degree or magnitude of an action and its implementation; 27 3. Rectifying impacts by repairing, rehabilitating, or restoring the affected environment; 28 4. Reducing or eliminating an impact over time by preservation and maintenance operations dur- 29 ing the life of the action; 30 5. Compensating for an impact by replacing or providing substitute resources or environments; 31 and 32 6. Monitoring the mitigation and taking remedial action when necessary. 33 "Mitigation bank" means a site where wetlands or similar habitats are restored, created, enhanced, or in 34 exceptional circumstances, preserved, expressly for the purpose of providing compensatory mitigation 35 in advance of authorized impacts to aquatic resources. 36 "Mitigation bank instrument" means the documentation of agency and bank sponsor concurrence on 37 the objectives and administration of the bank. The "bank instrument" describes in detail the physical 38 and legal characteristics of the bank, including the service area, and how the bank will be established 39 and operated. 40 "Mitigation Bank Review Team" or "MBRT" means an interagency group of federal, state, tribal and local 41 regulatory and resource agency representatives that are invited to participate in negotiations with the 42 bank sponsor on the terms and conditions of the bank instrument. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx107 442 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 "Mitigation Bank Review Team process" or "MBRT process" means a process in which the County and 2 other agencies strives to reach consensus with the MBRT members on the terms, conditions, and proce- 3 dural elements of the bank instrument. 4 "Mitigation bank sponsor" means any public or private entity responsible for establishing and, in most 5 circumstances, operating a bank. 6 "Mitigation plan" means a detailed plan indicating actions necessary to mitigate adverse impacts to crit- 7 ical areas. 8 "Moderate intensity land use" means land use that includes the following uses or activities: residential 9 (one unit/gross acre or less), moderate -intensity open space (parks), moderate -intensity new agriculture 10 (orchards and hay fields), plant nuFser;er,and paved trails arl�# �uil�lil�g-cal �agbirlgrowls. 11 "Monitoring" means evaluating the impacts of development proposals over time on the biological, hy- 12 drological, pedological, and geological elements of ecosystem functions and processes, and/or assessing 13 the performance of required mitigation measures through the collection and analysis of data by various 14 methods for the purpose of understanding and documenting changes in natural ecosystems and fea- 15 tures compared to baseline or pre -project conditions and/or reference sites. 16 "Native vegetation" means plant species that are indigenous to Whatcom County and the local area. 17 "Nearshore habitat" means the zone that extends seaward from the marine shoreline to a water depth 18 of approximately 20 meters (66 feet). Nearshore habitat is rich biologically, providing important habitat 19 for a diversity of plant and animal species. 20 "No net loss" means the maintenance of the aggregate total of the County's critical area functions and 21 values as achieved through a case -by -case review of development proposals. Each project shall be eval- 22 uated based on its ability to meet the no net loss goal. 23 "Off -site mitigation" means to replace critical areas away from the site on which a critical area has been 24 adversely impacted by a regulated activity. 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 "Ongoing agriculture" means agricultural uses and practices including, but not limited to: Producing, breeding, or increasing agricultural products; rotating and changing agricultural crops; allowing land used for agricultural activities to lie fallow in which it is plowed and tilled but left unseeded; allowing land used for agricultural activities to lie dormant as a result of adverse agricultural market conditions; allowing land used for agricultural activities to lie dormant because the land is enrolled in a local, state, or federal conservation program, or the land is subject to a conservation easement; conducting agricul- tural operations; maintaining, repairing, and replacing agricultural equipment; maintaining, repairing, and replacing agricultural facilities, provided that the replacement facilities are no closer to the critical area than the original facilities; and maintaining agricultural lands under production or cultivation. An operation ceases to be ongoing when the area on which it was conducted has been converted to a non- agricultural use..; ` I. —Se ae+""tier G ^ ak;zr-+red-Gg4-Rd-d f4Red4R-RCW-84'A n7017l and these c tiv-44es "rrnvt"�rl r +h e p r F„rri. , . F .vnr �;�,oycscvclF IF1C-I}} }ii l?k# F 19and P+a4i.teRaR£R-ef-exi5ting4a'Fla-anr!� R nn u lilagE' E i C�ierr, ifiigati@i�SyStctrrrcizr�r^rs�5 }2tWe42- F arrririil+ural ar+i. ��fe..r _ r+ , +t,eA n e-or repair of x4__„��� � ry f . tfes tha faFFRga a r�,t-4Wa- use a-Ft painq$ceases to he 9R �.a ' ^� i2 5 f�e£� Fi E6 FTvgF -t$ 4[}fls�gFl H Fd# use, er ha-S lai{ -I iC-FB-r i�F}'- -- lia•li-1•i�l�--��}Fi$�C rFv�tl-`�`ca-o'r'`r'�'ar"`iit 77-#vat W4e4 PA-ir&+=r tefed-,federal uF state soilr re n se Nato o F-sFEs�-pFac%c-es re net iF*c-6ded4+ F-this-de#if;iAi64+. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx108 443 /C 16.16 Critical Areas Regulations (Council edited version) 9/26 1 "Ordinary high water mark" means the mark or line on all lakes, rivers, streams and tidal water that will 2 be found by examining the beds and banks and ascertaining where the presence and action of waters 3 are so common and usual and so long continued in all ordinary years, as to mark upon the soil a charac- 4 ter distinct from that of the abutting upland in respect to vegetation (RCW 90.58.030(2)(b)). 5 "Overnight accommodations," for the purposes of this chapter only, means any use that allows more 6 than 10 persons to sleep overnight, either as a primary use (such as hotels/motels, camps, or other lodg- 7 ing), or occasionally (such as churches hosting sleepovers), whether in a bed or otherwise. While this 8 latter group of uses may be allowed, hosting overnight groups shall not be and the permit authorizing 9 the use shall include such a condition. 10 "Person" means an individual, partnership, corporation, association, organization, cooperative, public or 11 municipal corporation, state agency or local governmental unit, however designated, or Indian nation or 12 tribe. 13 "Planned unit development (PUD)" means one or a group of specified uses, such as residential, resort, 14 commercial or industrial, to be planned and constructed as a unit. Zoning or subdivision regulations with 15 respect to lot size, building bulk, etc., may be varied to allow design innovations and special features in 16 exchange for additional and/or superior site amenities or community benefits. 17 18 19 20 21 22 " Planning advisor" means those qualified in ividuals who have technical_exnerience and r inin �� r QC�erl►�t�g�t r _ I n _f r.a.gricultural lands andyyh�_haye Eer�lete� been certified _a technical service provi�er_b the USDA Natural Resources Conservation Service http://te hre�.usdagav� n ig a�dt ie Practice and canfidenti I,�gLement 23 "Pond" means an open body of water, generally equal to or greater than 6.6 feet deep, that persists 24 throughout the year and occurs in a depression of land or expanded part of a stream and has less than 25 30% pereeet aerial coverage by trees, shrubs, or persistent emergent vegetation. Ponds are generally 26 smaller than lakes. Farm ponds, ponds built for the primary purpose of combating fires, stormwater fa- 27 cilities, are excluded fForn this defiRi+'^^_ and 8beaver ponds less thant aFe two years old er less are ex- 28 cluded from this definition. 29 "Potable" means water that is suitable for drinking by the public (Chapter 246-290 WAC). 30 "Preservation" means actions taken to ensure the permanent protection of existing, ecologically im- 31 portant critical areas and/or buffers that the County has deemed worthy of long-term protection. 32 33 34 35 36 37 38 39 40 41 42 43 Briar �t�ee4 op d P�C-s}are ifieetitiet�f r i por pese of imlAerxrstin&the-Pool 5ecui ty--AC4 (PSA) r +r. r.rei+I and refefs mod its, rcrep ^ ^r Fri D@C=eFA her 23, 1985 1-Gther-1iVo Fd s, PCCs are . atla-Ads crrth aaT=rvc Fe vraii e,d, . 4 vegetation, to e n "red6w- tion of an hy- To be 4e+e4-a-PCC, the area must have had a agricultural commedi weeel at nted eemher 23, _.1995 Afoer 1085 theSE! SteS-41616 —2 4em; E?FIE"te_���' years. In_ d itien, RCCs nq us! not have sta nd0ng . ateF PfeSe r. Rt 6r m r. +han 14 e e d.J..r .Aiyays ng „T t E grow g seassn- If are ' �+ra�sit as st' wateF fOF gFeateF thal'! 14 ceAsecutive days it WOU4EI4. nside red. a "fa rrped we 1 a Pd.2 MaAY fa FMeda FeaS 0 RA,,a"�.'jFSoed th FO ghOAA the . n;eF ..^a e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx109 I I I WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 I wo-uM--nGt-be considered RCC-T#erefere-,-+# poFta� du.. nt suFface water leyels tFB4"t 2 the -Veor•(i •:��.;-i3 La�L��fT}'"'T`�5 t�rTa'���'�fing the dr.._season aiene is not adequate). 3 "Primary association" means the use or potential use of a habitat area by a listed or priority species for 4 breeding/spawning, rearing young, resting, roosting, feeding, foraging, and/or migrating on a frequent 5 and/or regular basis during the appropriate season(s) as well as habitats that are used less frequent- 6 ly/regularly but which provide for essential life cycle functions such as breeding/nesting/spawning. 7 "Priority habitat" means a habitat type with unique or significant value to one or more species. An area 8 classified and mapped as priority habitat must have one or more of the following attributes: compara- 9 tively high fish or wildlife density; comparatively high fish or wildlife species diversity; fish spawning hab- 10 itat; important wildlife habitat; important fish or wildlife seasonal range; important fish or wildlife 11 movement corridor; rearing and foraging habitat; important marine mammal haulout; refuge; limited 12 availability; high vulnerability to habitat alteration; unique or dependent species; or shellfish bed. A pri- 13 ority habitat may be described by a unique vegetation type or by a dominant plant species that is of 14 primary importance to fish and wildlife (such as oak woodlands or eelgrass meadows). A priority habitat 15 may also be described by a successional stage (such as old growth and mature forests). Alternatively, a 16 priority habitat may consist of a specific habitat element (such as a consolidated marine/estuarine 17 shoreline, talus slopes, caves, snags) of key value to fish and wildlife. A priority habitat may contain pri- 18 ority and/or non -priority fish and wildlife (WAC 173-26-020(24)). 19 "Priority species" means wildlife species of concern due to their population status and their sensitivity to 20 habitat alteration, as defined by the Washington State Department of Fish and Wildlife. 21 "Project" means any proposed or existing activity regulated by Whatcom County. 22 "Project permit" or "project permit application" means any land use or environmental permit or ap- 23 proval required by Whatcom County, including, but not limited to, building permits, subdivisions, bind- 24 ing site plans, planned unit developments, conditional uses, shoreline substantial development permits, 25 variances, lot consolidation relief, site plan review, permits or approvals authorized by a comprehensive 26 plan or subarea plan. 34 "Qualified professional' or "qualified consultant" means a person with experience and training with ex- 35 pertise appropriate for the relevant critical area subject in accordance with WAC 365-195-905(4). A 36 qualified professional must have obtained a B.S. or B.A. or equivalent degree in biology, soil science, en- 37 gineering, environmental studies, fisheries, geology, geomorphology or a related field, and related work 38 experience, and meet the following criteria: 39 1. Is listed on a roster of qualified professionals or qualified consultants prepared by the PDS Natu- 40 ral Resource Supervisor. 41 2. A qualified professional for wetlands must have a degree in wildlife biology, ecology, soil sci- 42 ence, botany, or a closely related field and a minimum of five three years of professional experi- 43 ence in wetland delineation *dent9FiGatoon and assessment associated with wetland ecology in 44 the Pacific Northwest or comparable systems. The following is required to be submitted to be 45 placed on the roster: e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx110 445 'C 16.16 Critical Areas Regulations (Council edited version) 9/26/17 4 Curriculum vitae or resume; and, Three complete and approved wetland delineations (as primary author on at least one), conducted in accordance with the U.S. Army Corps of Engineers Wetlands Delineation Man- ual, 1987, or as amended. 5 �Jii. One complete and approved wetland delineation using the U.S. Army Corps of Engineers 6 Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western 7 Mountains, Valleys, and Coast Region, 2010, or as amended. Successful completion of a wet- 8 land class using this manual may be substituted for this requirement. 9 A qualified professional for habitat conservation areas must have a degree in wildlife biology, 10 ecology, fisheries, or a closely related field and a minimum of three years of professional experi- 11 ence related to the subject species/habitat type or approved equivalent work experience. 12 A qualified professional for geologically hazardous areas must be a professional engineering ge- 13 ologist or geotechnical engineer, licensed in the state of Washington. 14 A qualified professional for critical aquifer recharge areas means a Washington State licensed 15 hydrogeologist, geologist, or engineer. 16 6. A qualified professional for tree risk assessment means a certified arborist or certified tree pro- 17 fessional with a current ISA Tree Risk Assessment Qualification. 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 4.7. Anyone who has had their professional licensure or certification revoked for violations of the provisions of their profession does not meet the definition of a qualified professional or quali- fied consultant. "Reasonable Use" means a property that is deprived of all reasonable use when the owner can realize no reasonable return on the property or make any productive use of the property. Reasonable return does not mean a reduction in value of the land, or a lack of a profit on the purchase and sale of the property, but rather, where there can be no beneficial use of the property; and which is attributable to the implementation of the Critical Areas Ordinance.means ary+ Re of the-ase-�a#iewed-w#hi a give zo Re-tka-t-h-s-the e•art im pa et en the rritiGa1 are as F.. p e- t4..-. si ng�e fly e sid tia � sew -fl is t affy we ��' �,a Fi a ho L l rkk#eVA&JGf�Me+*fGG kZ t- ff_ eludj4gfI 4 w-ee--e*een+ dra„ifie,1ds) aAd Ir3��Ga�if3�i}��r�k1r3Ff?-�ee�AF�e55- "Reasonable Use Exception" means an exception to the standards of this title that allows for any one of the uses allowed within a given zoning designation which cannot otherwise conform to the require- ments set forth in this title, including the variance criteria; that have the least impact on the critical are- as found on the subject property. "Recharge" means the process involved in the absorption and addition of water from the unsaturated zone to groundwater. "Reestablishment" means the manipulation of the physical, chemical, or biological characteristics of a site with the goal of returning natural or historic functions to a former critical area. Re-establishment results in rebuilding a former critical area and results in a gain in acres and functions. Activities could include removing fill,, plaugg�Iingg ditches, or breaking drain tilesr�r, aswFes taken to ite nti.,r y-fe-s �p altered oF d aged f-e or process inekKl�n�. Ac4ive-54t-E�pS4Q;kef+4- Fe-AGFe4aM. ged Well ds A5tF2?a s .-.tecte habitat, a'n�/��i�fe'rr_��rv---thethe r .. r fi.4�f4p -o-pc itii3n t4att-^may c�cr'�r hef4e alte-ra#945,; Aet`ni crrry �e�t$ a iyii$ I struc4 izal and fuRetional characteristics of +rtir ra'i�r'r`••�v' tC�'nv�1eG ve been-4o&t-b%��k)i}-Past-ma.iyo_mo.;4„yiities,,-eF Gthe -event-5, O, Fi 43 Qnc+c r�+'r 3r,r1 functions and .chi. a rite, w-h rrc�cv-raTlcn-r-caTris�rE {�d�-•r-�c-rCVr�rt��-9�-W�i efEiJ4fe#anrlr Previously 44 eY6stP"Ht_+re-ne49nger pizeseRt due ta laek Af water-Gr-hyd-r4c—wi4s. 45 "Rehabilitation" means the manipulation of the physical, chemical, or biological characteristics of a site 46 + with the goal of repairing natural or historic functions and processes of a degraded critical area. Rehabil- e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx111 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 itation results in a gain in function but does not result in a gain in area. Activities could involve breaching 2 a dike to reconnect wetlands to a floodplain or returning tidal influence to a wetland.a type of Fest , 3 i arm or type such as restWi-e- a - ►.� rt�-e: 4 44-s�.d FOge,,ng9Fp4ic-class. 5 "Resident fish" means a fish species that completes all stages of its life cycle within freshwater and fre- 6 quently within a local area. 7 "Restoration" means measures taken to restore an altered or damaged natural feature, including: 8 (a) Active steps taken to restore damaged wetlands, streams, protected habitat, or their buffers to 9 the functioning condition that existed prior to an unauthorized alteration; and 10 fa4(b) Actions performed to re-establish structural and functional characteristics of the critical 11 area that have been lost by alteration, past management activities, or catastrophic events —See 12 ItFeestabl•shm nt „ 13 "Rills" means steep -sided channels resulting from accelerated erosion. A rill is generally a few inches 14 deep and not wide enough to be an obstacle to farm machinery. Rill erosion tends to occur on slopes, 15 particularly steep slopes with poor vegetative cover. 16 "Riparian corridor" or "riparian zone" means the area adjacent to a water body (stream, lake or marine 17 water) that contains vegetation that influences the aquatic ecosystem, nearshore area and/or fish and 18 wildlife habitat by providing shade, fine or large woody material, nutrients, organic debris, sediment fil- 19 tration, and terrestrial insects (prey production). Riparian areas include those portions of terrestrial eco- 20 systems that significantly influence exchanges of energy and matter with aquatic ecosystems (i.e., zone 21 of influence). Riparian zones provide important wildlife habitat. They provide sites for foraging, breeding 22 and nesting; cover to escape predators or weather; and corridors that connect different parts of a wa- 23 tershed for dispersal and migration. 24 "Riparian vegetation" means vegetation that tolerates and/or requires moist conditions and periodic 25 free flowing water, thus creating a transitional zone between aquatic and terrestrial habitats which pro- 26 vides cover, shade and food sources for aquatic and terrestrial insects for fish species. Riparian vegeta- 27 tion and their root systems stabilize stream banks, attenuate high water flows, provide wildlife habitat 28 and travel corridors, and provide a source of limbs and other woody debris to terrestrial and aquatic 29 ecosystems, which, in turn, stabilize stream beds. 30 "Scrub -shrub wetland" means a wetland with at least 30% peFeent of its surface area covered by woody 31 vegetation less than 20 feet in height as the uppermost strata. 32 "Seiche" is a standing wave in an enclosed or partially enclosed body of water. Seiches are typically 33 caused when strong winds and rapid changes in atmospheric pressure push water from one end of a 34 body of water to the other. When the wind stops, the water rebounds to the other side of the enclosed 35 area. The water then continues to oscillate back and forth for hours or even days. In a similar fashion, 36 earthquakes, tsunamis, or severe storm fronts may also cause seiches along ocean shelves and ocean 37 harbors. Seiches and seiche-related phenomena have been observed on lakes, reservoirs, swimming 38 pools, bays, harbors and seas. The key requirement for formation of a seiche is that the body of water 39 be at least partially bounded, allowing the formation of the standing wave. 40 "Seismic hazard areas" means areas that are subject to severe risk of damage as a result of earthquake- 41 induced ground shaking, slope failure, settlement, or soil liquefaction. 42 "SEPA" is a commonly used acronym for the State Environmental Policy Act. e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx112 447 /C 16.16 Critical Areas Regulations (Council edited version) 9/26 1 "Shellfish" means invertebrates of the phyla Arthropoda (class Crustacea), Mollusca (class Pelecypoda) 2 and Echinodermata. 3 "Shellfish habitat conservation areas" means all public and private tidelands suitable for shellfish, as 4 identified by the Washington State Department of Health classification of commercial growing areas, 5 and those recreational harvest areas as identified by the Washington State Department of Ecology are 6 designated as shellfish habitat conservation areas pursuant to WAC 365-190-80. Any area that is or has 7 been designated as a shellfish protection district created under Chapter 90.72 RCW is also a shellfish 8 habitat conservation area. 9 "Shellfish protection district" means the Drayton Harbor shellfish protection district (DHSPD) and the 10 Portage Bay shellfish protection district (PBSPD) (Chapter 16.20 WCC), or other area formed by the 11 County based on RCW Title 90, in response to State Department of Health (DOH) closures or down- 12 grades of a commercial shellfish growing area due to a degradation of water quality as a result of pollu- 13 tion. These areas include the watershed draining to the shellfish beds as part of the shellfish habitat 14 conservation area. 15 "Shorelands" or "shoreland areas" means those lands extending landward for 200 feet in all directions 16 as measured on a horizontal plane from the ordinary high water mark; floodways and contiguous flood- 17 plain areas landward 200 feet from such floodways; and all wetlands and river deltas associated with the 18 streams, lakes and tidal waters which are subject to the provisions of Chapter 970:583 RCW. 19 "Shoreline" (Shoreline Management Act) means all of the water areas of the state, including reservoirs 20 and their associated wetlands, together with lands underlying them, except: 21 1. Shorelines on segments of streams upstream from a point where the mean annual flow is 20 22 cubic feet per second or less and the wetlands associated with such upstream segments; and 23 2. Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. 24 "Shorelines" means all of the water areas of the state as defined in RCW 90.58.030, including reservoirs 25 and their associated shorelands, together with the lands underlying them, except: 26 1. Shorelines of statewide significance; 27 2. Shorelines on segments of streams upstream of a point where the mean annual flow is 20 cubic 28 feet per second (cfs) or less and the wetlands associated with such upstream segments; and 29 3. Shorelines on lakes less than 20 acres in size and wetlands associated with such small lakes. 30 "Shorelines of statewide significance" means those areas defined in RCW 90.58.030(2)(e). 31 "Shorelines of the state" means the total of all "shorelines," as defined in RCW 90.58.030(2)(d), and 32 "shorelines of statewide significance" within the state, as defined in RCW 90.58.030(2)(e). 33 "Single-family development" means the development of a single-family residence permanently installed 34 and served with utilities on a lot of record. 35 "Site" means any parcel or combination of contiguous parcels, or right-of-way or combination of contig- 36 uous rights -of -way, under the applicants/proponent's ownership or control that is the subject of a de- 37 velopment proposal or change in use. 38 "Slope" means: 39 1. Gradient. 40 2. The inclined surface of any part of the earth's surface, delineated by establishing its toe and top 41 and measured by averaging the inclination over at least 10 feet of vertical relief. 42 "Soil" means all unconsolidated materials above bedrock described in the Soil Conservation Service Clas- 43 sification System or by the Unified Soils Classification System. e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx 113 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26 1 "Sphagnum bog" means a type of wetland dominated by mosses that form peat. Sphagnum bogs are 2 very acidic, nutrient -poor systems, fed by precipitation rather than surface inflow, with specially 3 I adapted plant communities. 4 7 8 9 10 11 "Special occupancies" means those structures that have the potential to provide capacity for special groups of people such as but not limited to schools, daycare centers, resident incapacitated patients, etc. "Species of local importance" are those species that are of local concern due to their population status or their sensitivity to habitat alteration or that are game species. "Stormwater Manual" or "Stormwater Management Manual for Wester Washington" means the version of the Department of Ecology's Stormwater Management Manual for Wester Washington most recently adopted by Council. 12 "Streams" means those areas where surface waters flows are sufficient to produce a defined channel or 13 bed. A defined channel or bed is an area that demonstrates clear evidence of theann, ial passage of wa- 14 ter and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined- 15 1 channel swales. The channel or bed need not contain water year-round. This definition is not meant to 16 includes drainage ditches or other artificial water courses unless they are used to convey streams natu- 17 rally occurring wheFe RatUFal streams ^U;9 prior to human alteration, and/or the waterway is used by 18 anadromous or other taef-fish populations, or flows directly into shellfish habitat 19 conservation areas.�-Se"4s "dr-a+nage ditch" de iini* 20 "Structure" means a permanent or temporary building or edifice of any kind, or any piece of work artifi- 21 cially built up or composed of parts joined together in some definite manner whether installed on, 22 above, or below the surface of the ground or water, except for vessels. 23 "Survey" means one of the following: 24 a. Mapping using a compass and tape, or 25 b. Mapping using a smart phone or hand held GPS, or 26 c. A survey completed by a licensed Surveyor. 27 "Swale" means a shallow drainage conveyance with relatively gentle side slopes, generally with flow 28 depths less than one foot. 29 "Technical administrator" means the director of the planning and development services department or 30 staff member designated by the director to perform the review functions required in this chapter. 31 "Toe" means the lowest part of a slope or cliff; the downslope end of an alluvial fan, landslide, etc. 32 "Top" means the top of a slope; or in this chapter it may be used as the highest point of contact above a 33 landslide hazard area. 34 "Unavoidable" means adverse impacts that remain after all appropriate avoidance and minimization 35 measures have been implemented. 36 "Utilities" means all lines and facilities used to distribute, collect, transmit, or control electrical power, 37 natural gas, petroleum products, information (telecommunications), water, and sewage. 38 "Volcanic hazard areas" means geologically hazardous areas that are subject to pyroclastic flows, lava 39 flows, debris avalanche, or inundation by debris flows, mudflows, or related flooding resulting from vol- 40 canic activity. 41 + "Waters of the state" or "state waters" means all salt and freshwaters waterward of the ordinary high 42 I water line and within the territorial boundary of the state. e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx114 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26 1 "Watershed" means a geographic region within which water drains into a particular river, stream or 2 body of water. There are approximately 122 watersheds (e.g., Bertrand, Ten Mile, Dakota, Canyon 3 Creek, Lake Whatcom, Lake Samish) identified in WRIA 1 and 3. These are nested within approximately 4 14 sub -basins (e.g., North Fork Nooksack, Drayton Harbor, Sumas River, Friday Creek), which are nested 5 within four basins (e.g., Nooksack River, Fraser River, Samish River, coastal). 6 "Watershed improvement district" means a special district established pursuant to Chapter 85.38 RCW 7 citation. 8 "Wellhead protection area" means the area (surface and subsurface) managed to protect ground- wa- 9 ter -based public water supplies. 10 "Wetland" means areas that are inundated or saturated by surface water or groundwater at a frequency 11 and duration sufficient to support, and that under normal circumstances do support, a prevalence of 12 vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, 13 marshes, bogs, and similar areas. Wetlands do not include those artificial wetlands intentionally created 14 from non -wetland sites, including, but not limited to, irrigation and drainage ditches, grass -lined swales, 15 canals, detention facilities, retention facilities, wastewater treatment facilities, farm ponds, and land- 16 scape amenities, or those wetlands created after July 1, 1990, that were unintentionally created as a 17 result of the construction of a road, street, or highway. However, wetlands include those artificial wet- 18 lands intentionally created to mitigate wetland impacts. 19 "Wetland buffer" means a designated area contiguous or adjacent to a wetland that is required for the 20 continued maintenance, function, and ecological stability of the wetland. 21 "Wetland class" means the general appearance of the wetland based on the dominant vegetative life 22 form or the physiography and composition of the substrate. The uppermost layer of vegetation that 23 possesses an aerial coverage of 30% peFeent or greater of the wetland constitutes a wetland class. Mul- 24 tiple classes can exist in a single wetland. Types of wetland classes include forest, scrub/shrub, emer- 25 gent, and open water. 26 "Wetland delineation" means the precise determination of wetland boundaries in the field according to 27 the application of specific methodology as described in the SLate _We-Oati"elm neation 28 Mapu4 r-19Q' Edition as ameRdad, Corps of Engineers Wetlands Delineation Manual, 1987 Edition, 29 and the Western Mountains, Valleys, and Coast Region supplement (Version 2.0) 2010 or as revised and 30 the mapping thereof. 31 "Wetland edge" means the boundary of a wetland as delineated based on the definitions contained in 32 this chapter. 33 "Wetland Enhancement." See "mitigation." 34 "Wetland mitigation bank" means a site where wetlands and buffers are restored, created, enhanced or, 35 in exceptional circumstances, preserved expressly for the purpose of providing compensatory mitigation 36 in advance of authorized impacts to similar resources. 37 "Wetland Restoration." See "mitigation" and "reestablishment." 38 "Wet meadow" means palustrine emergent wetlands, typically having disturbed soils, vegetation, or 39 hydrology. 40 "Wet season" means the period generally between November 1st and March 30st of most years when 41 soils are wet and prone to instability. The specific beginning and end of the wet season can vary from 42 year to year depending on weather conditions. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx115 450 5.16 Critical Areas Regulations (Council edited version) 9/26/17 1 "Windthrow" means a natural process by which trees are uprooted or sustain severe trunk damage by 2 the wind. 3 "Wood waste" means solid waste consisting of wood pieces or particles generated as a byproduct or 4 waste from the manufacturing of wood products, handling and storage of raw materials and trees and 5 stumps. This includes, but is not limited to, sawdust, chips, shavings, bark, pulp, hog fuel, and log sort 6 yard waste, but does not include wood pieces or particles containing chemical preservatives such as 7 creosote, pentachlorophenol, or copper -chrome -arsenate. 8 e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx116 451 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 PJ Table 5. Table of Acronyms used in this chapter. AASHTO American Association of State Highway and Transportation Officials AFO Animal feeding operation AHZ Avulsion hazard zone CAFO Concentrated animal feeding operations CFR Code of Federal Regulations CMZ Channel migration zone CPAL Conservation program on agriculture lands DHSPD Drayton Harbor shellfish protection dis- trict DOH Washington State Department of Health EHA Erosion hazard area ESU Ecologically significant unit FAC Facultative FACW Facultative — Wet FIMA Federal Insurance and Mitigation Ad- ministration FIRM Flood Insurance Rate Maps FCO Federal species of concern FE Federal endangered FT Federal threatened HGM Hydrogeomorphic HMP Habitat management plan HMZ Historical migration zone HPA Hydraulic project approval IBC International Building Code LWD Large woody debris MBRT Mitigation Bank Review Team MTBE Methyl tertiary butyl ether MRL Mineral resource lands NGPE Native growth protection easement NOAA National Oceanic and Atmospheric Ad- ministration NRCS Natural Resource Conservation Service OBL Obligate OSS On -site sewage disposal system PBSPD Portage Bay Shellfish Protection District PCE Perchloroethylene PHS Priority habitat and species PUD Planned unit development RCT Recreational, commercial or tribal im- portance RCW Revised Code of Washington SC State candidate SE State endangered SEPA State Environmental Policy Act SM State monitor SMA Shoreline Management Act SMP Shoreline Management Program SS State sensitive ST State threatened TMDL Total maximum daily load U Unstable UOS Unstable old slides URS Unstable recent slides USC United States Code USDA United States Department of Agriculture USEPA United States Environmental Protection Agency VA Vulnerable aggregations WAC Washington Administrative Code WCC Whatcom County Code WDFW Washington State Department of Fish and Wildlife WRIA Water resource inventory area e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx117 452 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 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 Tklf.-wel]-be+fig-of-€ Aw—,a+A4ancii es i�a Vl aico -£ e�y-depe s if3 load alai t� sa �, *aiF, and ochey-nati�alfesew-ee&_Agri cu1Wral nnera that EWpa-rate OtE!Ctir. Of the entr i�4�#t�dlfig � i i£�l a eaas define44))-t-i4-e-lapAer, are eF e ae#ievflig l}i gear A-cepAefvatien farm plan i„ it!"'Jes the#r�fFT�+K1�-9r �f�c#i�#g ae�i►fF7 ie3 �Rc�iE-�}Ic�£z*�iS�i�Ef?S53FY �4 a i a t h e i r r r + , a� ega +ve it spar ��+ rE e�rxa�-R aei i sele ie de{ s- en the iype"f #,f••••` `-± F -[-3-F -{ J- -ems jlllfl— � }e-apd4mtemsi+ir_raf theege*a�ir, some g nQ a k.o n de as to theFesowee Some ea OS-ncerent relatively low risks to rritiral 1rmOf V.e r he ;yypRr�r ese apelFat e Fese aFe relatively easy to trl...,tiA-ir—re rt. There a o derr•rihe i ivFP HOR1I-aS-G$•W-If pa£-1=-ag iC-1 i3%ai-@ EFa- i4}i�5-51F - iect to standardized rnnr rgR fa m-p4 in SeEtion '1 belr.w. Where +ha We r.tia t i iemnartr.W GFitiral areas are moderate or high rr.l. � t e Fr.rm late n rh r r_; r}anrnr a mere t�--a�a �ee�---( r�I+�a��p,T..,,-�-ri�a��c�Tr�eq�s�ed:-lei suches,--„a,�r�^n�liurit_ten nlao.rhalI provide the desired a .r ,�.., tal pr^ {.an. These types of op efa4i . +lied a3ragFi� a a4 0 �era#a4r}5 r }� it gel c�Aa �4}►��F � plate-i r5ec-#+� helewF f nnc .+1anspFepafe4-p�uant }n_CnrOOR 9 OF 2 shall include all rearor. -Ible MeaWrl?S W M31R�3fi��]EFSt��' CFI#le�-r7fE��I�flE11�Fl Vaii+e� Sec4 1. ho e_lmri�i�tuFal t3�F�9ns--S i--- ra-RdaFelizzed GenseF ratio. TPI These ^n atio s „r--V.., a 1 ow p,3 ei4t4iF1 5k to ctfEa•l a re a degF,3f &tk)- FFE�iif-Wri- ter-centarnmnatmOR beea4ge4he anifl?t ls- - pt-gew4te-k-we-rpkk-r-ients than-c-a; 4ae4.&ed �cruitc ici;e-ps sic C-FI{eFiaa To calif F-�w_j{�}p�£ E}pE 2 :�vrrj-'cr-r'o'rFF} S ia�# Fi^vTcv ccrt on r''"a unit pper�u acre vi grai-,alale-paswrg 43fie F e #9 g iEf� = i{� 8►�; ftr}Sff]s�c f7 er A4E�F+9 eFx❑ae> 6r3 l� Fc�r t aAEi L4vestoc-k-- W4er-r-r W-e5teFP--idl���W90 � it car be obtaineed y4: h} 4n-,1ww {]cd org/pub_sma ht.m F-g`v7rvr59-}3e-kiSee�r-prrrvTucLz-:r-;ac v4o ,n'�ienre- r4k,F-.a.'Rn VVAC365-1--9A9-VIreURk! 365-195-92-5. genr i.r+ and ReS rcr COREIRMS �hoFs therr la an Is rreafese note l ad rerrrs ;mnartc +n rrit0sal a 01 wtrie.mt Poni n_r 91M1la+zc�. �rrrrmr.$rr va e-£-E7il �f•}S F�CitFiefit5r{-RIIFFi en and phasp he �1 IRvrr'_' c#"r�7 r.r ��u rtc4.r ran .dracly nff }i.o IanrJ i "f'�"�1'rTI'"'#--lS4 rwe,l� n--&ur4aGe-r-•rate-F; pFic�.�rka eFo�sra�a�d -n+t c�gefr-#er-t+i-u�-a ��at ic--�la�l *�; ����-�#e�4aet�-a+id-�v".li#ece�e-a e d decay, the dissolved oxygen that4ish neer�ltm.ly/.Nlie•i5-�Xyle�_il�eR-Fn� the_fr�--rvrmr Of nitFatea ;re.1,S4y eent d-�a rr-iet�vu+�a E#•-rr�,��F-pe��ea�a#e-sa#•I s-�a-gFf�si�+vat tionr exceeding the rA *imum na—matt -for_ca�ci.rlr_lnk4 tray. arefound in manly wells of Whai�em-Cry—TheSg��R4i-a+A-#a te # ea4€�-r s par laf�--o o4he-v od Young. e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx118 453 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 r, Manure contains her+ n can makes 1��er IAFa�e^�+a--a�{l-vt-fier-pa��eger�f�e��g 2 tEf4-f o F d FiF Ong-w4,i oFt-t-re,#tea +,,, s"e111fist, of0t fer hcan also4rl �1C�-Ydii�F 3 ` OF-44 m .n son}art a„d r_ ati. al r its sw ��w }Ag-Gr_w>�iif4g,&pth Sur 4 fa-ce at 4-•gr-E3t3.Rdw 4e r are y•lal•Ft eraWe4 )4hi&-ty-pe of pollution, 5 F F rinrnc��cr:iu �r�rn_n_i FS a c ci l25r[� -� afi7f f} S4pp4emeptalfeerlfrn.l:rlolarge 6 af�lal1 s ,;' , � -g} g t+l alb ' „able ve +e la -is gv a �w-e pe is 4 s la�lf�I`et 7 acres)T-the-af}FY}td7�at are }�$w�eC-pi•1tt-$ritif+Liau rrsc�ve.geth+ion q w icM"raze�t4PA 8 trample pasturc-ff4sses-a�nd forb ese areas v'r'za-irrcP swseep-46ie`U4w,;-arinn I arl 9 r` kws-weed-5ra-p ` r-usl••.�,.T sUI#Rg-brara r.rl i .��}�re-+F$Fl-- rvr�T=inEl and water-.zai.i� 10 'aC'( adeE�•kfa�@geta-tion are subject ..r9ac�,ru•cnntamn rc4-Fif4FEirrcse-cr£as•cm;•e"rforr 11 .��es and wild 12 Pegradatiof "{ nFian Areas. n'r}irin 8 of hir r and i Eludes the 13 areas adjaeent to 51trearns lakes, FnaFi�e-s4 irelines and-e-ther-wa�r�l-#�e y-riparian area is esses�U&I 14 - @ i•f�tFattd wilt kx,--}1 mina_salmon and shellfish DeRse vegetation tr+ �ry;ll rl�rr� vr"rar � st a�air,V io.�r�s' sn ur�€i36 37[�-ivascr �vf"r ii i Fr�fra di#E�iF $= 15 ld rat^. t.#� 1 , 16 a•f4keep-wateir Gae4 i >< I'^ ^tfelied grazing vegetation. 17 StandaFd Co,Rwe Lion Farm 121a D �tS-.�F5-4-1cti�T._im pa r_t 1live stnr I� nne rat inns 1 m_ 18 ite4- p er�s•-tic-en-tr-el-aniM- a_kmasteA)ec•-ause••t�'..•ir -ram, a,e-sma44. The r- ... d c. servatk3o4af-m 19 `tpIa r, he Wi� pa ed by the landowner and in4wde-a-si rnn le Fn a n of the err. pee ty, a stand rd rhec Mist 20 desig-nest tr a r.ts r t .. ater qualm+.. and the fs 11 ,...i., t aA ditienal .�r.m__ _ .....o 1: • 'r-�- 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Wstern Sit' n, n nn d De4gn AR,rrn r._ rnrra l r. paddocks,r,r lots are to be sited to .-. i.d .4 Ano�lre�-4fAg r ritual arnnr lAf e*e-stfwetwres exist and cannot be rr.lr.n �+e sl rt:., r��m..s $-tT�2asil �be--t ke-q-to, aV-OA4tlf4a9•G4-PO14 +ItS aaeteFia to e4ti£al-tared" Where trees -...d sh f-u bs are absent a onga $tream,lake,-•POR4F }.r- rintl� ri s+s P OF area of herb- +yti Shall nr� czcv'�rirr�#i�f� af�{� I�}alfl^ tOdii,&"etwee+i- Fnr ee rra ���:.an} +n }4, „Q-Alativf�aI.,�-�=�e��ro� Practice,,,-,-F r_C}rin"1 i..n stnrlr shill he r•IusFesl Frs. w, +hethe I.I,e s+ri r.r p he rote ital al areas Pursuant t RCS Prara z1E�4�iWE'S�6EiF�34C�LISvim:" Where nE'`� mn lrc+ �iiF� exist 'alon r7 stream, _iake-,-porid OF .a ee+ln.lrl they shall � r,��,��,�ge tr. Gpive4he ex st Ar{�`�nc4iolwef tk1C 4d#€er S�iaf t�tiae C af�$ F�Fai l$i� R ac4iee 391, "R aa-4an--i era5 � �TT M neFe- -tj R—, StG�cvTvsc-,"dUse. Mawpe-and so Pe • y-afA-Parldoc*s are to hn removed ed in a ste age €ae+li proteEfi-' n �a,in#a"041iat-fqneff-does net-c_,� pE34uuffts aid l3acteria to Etr;,fi d.j Careaar :;.3Rure-!5 9 lc1L-llacv'a-o'3 iYr }lr7flf� F fliz The of manore p. sha l l ,,, ceed GFOP req U ir�+s t& �o a ppl ie� i� a Fnaf�r� maid r f�a€f of n Eft ri- etxI_a_Ad_h� eris_to critical areas, Rp + ❑�.r+�.snr are to h�ta hed�a��$�hn "Ri-errribed Grazing' [� r$a❑� nsrm�-arc-cv� rv--r-rc�c (NFt6S Practice28A). -x�fC+s$-Qr-8aFt1-�9�s�k-iese�•rai}rf�a-ll,,y-��'rr^�-area�•r�#1st-�s�a�i�i.-��--a��`l,-i�aa$agE�-ire-pF�V;��;a cs,ed4rient move r..e nt.:to-c+itk-a4 aFeas. A cl iyeFsinn 4e rrare shall be i sta Ile 14e re Re e-ssa•r--y;�e4i€fir flows d across the !Gt-or-•pa4deer-°uno f fr-G l4he IGt-M ,arc be 4er�cated Fi m*44r► buffer as rdasrrihed-4i�tien.l of this section to of n,ril; nts••Fe g-rrs}Icra1�re Exostoiu- - atiye vegetation withinit a —re fLrr cS-.all ho re} fined to the _..tent p rti.-a3.I� Section. 2g uk }ions Requirinrt �'.ists.m r -nser,.atmen Ca m �Ia �a-OpeFaz;n„-�T��, e:\exh a -chapter 16 16 - 2017-09-26 draft with council edits (unprotected). docx119 454 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 T*ieC�Fat ,ions__P Feseat a_pate ntia.1 rn o d ers+e pf--hig F-rl-slF--t-O--c+4#C4 N. a 2 f}r r ran ate,.beGaYSP tile trientsa pnE�.romm maRur�rr W fertiliiterr 3 can ae easily-used�y-t gr r t + �e w+ kse�st care€c�i-pla l� d r - 4 aa�nT�rke-erg -U It oral act...iti es am ^.�FLn�be m uc-h-more intern se than Imo,w im pact nnrr r•atFORS 5 reas- 6 Mo4efate-knpaet-9 r-a4ef*& 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 wbte-paq shar.Jr + neyards, small Fruit field and High Impact Operations Examples inelude ria ra-ndsimalfeeding r' son"a"d anima[ pefiti8frr nst These "peF 't'o.s a federal nts (see rhar.t "q �C�7 . 40 CPR 122 23 -r.d qG rco ❑art n err_"- _ .:.... _... _ - C tom CoFay♦sera Wa�a-R�►�s .♦ ale-Wap arm l �ti „f-7` , �, h anzTc-yivs er i t tri�--r-sae s- e-� $t�eal�-sea-rrC�'re-Fdera-ti#i'esi-tf�r$�# a4 lr assessment, +hey plaw,-shai•�e--�ire�ed4o mitigate same n nlanrni So_ ir{.ii sir• or F Through the USDA AI-.�--�s��ci�i4�${" T4e-What-e� T,er a.tion_ district, or An eligible farmer OF raneheF ...hr. PaFtiCipaWS OR this pF9grawvbW. AA+s g`azou-nty snonspor aprrn,+er1 ('r�Hr�le�rti.-art a rrii -� - r TIC'�i'1'i"�S-tY�'T��1TV1lGt'r�'1�iT�CIII�ITCf�'r�'RIT�'aRRTflV1��'C['3JT�i�i'��C `-Af'.� aDeyel_"mn awe rrz+t+gate any ide4d4i&k&,-and fH0fi4-the Fequirements of +cNssE4apt-e-r— � I Icri]n Ci. FR }r�"rcrrc Guidance fo C-nrlc-e�#Fa•tad-A�i�al�di+�-�pe�atioF>•s-�E-A-�43s�'�-�t�: �.,^,.��`,.�t-a _y Pan -Stand, s, 1n deve opiog4he4e mmrre44s-n � + . - a"n-appf fl enseryatioR far 4arr,Trf„ t erg t e techni . th p n t-he rs ve4Gped by4h&-latt+ral--ResouFees Umise +iar-i3eFvk-e-w ef4--svc44 eFr�atiues f�ave bee level ed fey - A gfa-p ---ellEge;�F A-professiar+akngineer--w4h-e*per-tise,-icetNe—afea-o--car►se tiea aFr iar�r�i g- 4Innn.-Qn� Fnc-e.lmple+**�atie-R-et4"..e cansefv 14sn fam-plari_mst protect �. istir►g t4ons o f cci'it q c a 1 a re a 5. 13 e PTr ,a4@*s a rim 9 b e c a p t u reff and rip ribed4f-thrc ay-c-on- sir+ of photo documeRtatli0k,FeGFts-or-bGth-+ Yro�ytment e la F�}�eew-f-ty A,�`Iria{-� Lsee a�essrt+priaCi�r#�eifkg eF iseetic�d rf-'ungici�TudeRti.-i ;,p,�des_-pfGv�,�hat c .-h rti.iitinc are --rigid s..A in ar^�r, rdar h Yra s Ag�ietrkt�r e-and-4-etl;er�laca�le re �latie r3s ieei+ alln n ze t Immited twThe pmvisions"t-EhaptefF:--�.. -KC t-h�Cean ateF Act, Unit-ed States Code FUSG1 C e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (u n p rotecte d). d ocx 120 455 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 3Cz eIIr 4c1flea� Ise�tie+ FgiR�i�ide A-c-t -an --Ch a pte F '1 L-?:j RCW4P'e-Aiekk-ApOc-a4ki-Aet� e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx121 456 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 2 3 Data IAGFrat�ar�F-Ee+�+�Raaa p+�►g-a�r��]ev�+la�n��*��,=v; 4 LaA4-U&eDik+sian--No4hwe5 ex; Suit-e--8 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 5280 IVOFthwest-Drive t or neaF a critica r grin Eorrtnliapce of 1 C-C 9 G 'I � 23Tv.ot4i Notice-of-WUF 8- area ea 5.his _r�-�r�rr Ed%1BR-5�}$tki'v-hv�L--�'v'ir•rr"��ie-��}3�CQt3�i3F}F�HI�{�-�� V eG4j9i1'l�Flt-$��'iHram.-TFraer�-a-� }fit-40 weFking days hair.ro sta rt. CORtFaCtOF —Land-Gw-Pef-Qther Typeof utility Phone mber PfepGsed start da Pr-opose -ansh - - r1_-ta_. �-y�peef-af=�ec-�c-r+�al��ea - L�+a+�:,,e:r ie-werk a m d/of cI+ t !e he e Fe &P K-e is needed-attac-la add 444ria nfeirmatiepr-shee#s) Vwe-u-RdeFSOIPld and aek-ns'wiedgR-tha#r'�eera4 _a FF_ w4 r�e takento rnear-eim in ate adyersa affects arms skra#fie refe�4 aea-a5 �essi#�le #afa+rS Ee+J�far 8ese409R of res eFati . I�we-�€�e--��de�sig-r�-a��raava-r��-aceep�-#k�e--�e{s�ar-�si�i�+ty--fa��e--�Ogfes�a�r�Ie�iaF� ef��is project Any U40rr!SeeR .. r.hl&—S Or.. " brought to the aF+..n+:..�e�� e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx122 457 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 2 3 4 5 6 7 8 9 10 11 12 13 N'' ATIN'F. GROWTH PR(YT`i:(. noN EASEMEN' IMIuRaft;@"F N .� :a1A 11!y1 i/f11! r1lnrinrn rnw�Rr,p1 aLarr, Krr ��,IR �VI lit V I.laa 4ai, �I�.ris10 1Mr WK IH111 i .lATrl�+• ��YN INhrrl r1.INI.,1 5 ft. r __ 2 ft. ruin. V 12-inch-by-I8-inch aluminum sign with white reflective background. Install one per protected Feature in a conspicuous place. Four -foot -by -four -foot pressure -treated wooden post with one -half -inch chamber at top. Magnetic locator pin (e.g., pipe, rebar, 20 Irpenny nail. etc_) placed eight inches to 12 inches from post along NGPE line. Quick -set concrete - - Compacted native material N signs -shall -be plae ateic tha f� �r�urad fi eri t r-e k e fV�f+€-AA upa placement shall include at st-GR-L--{„pe 1 sign sh L,Pw-ec��Y lot !f Ra ber-clers the NGPE unless oth;ed by +ho t�f�r4iEai-c�+�aif�iSt�B� Sign e 444nt 5ha#l-b�5u4jeei +r. 4ppr-o r )lhaicorn County. AI}nrnati_e r rrl grw,+PaV-be stib i44t-fied4o-Whatcom C -uotV4ef-appr ak All si��st l��t- se a+3er rF,e-ig+� lie -used in Eerwi au�e sigma fi fik�e disc kio �e# Ise UVfia Eoo� Cou-4ty4ec-hflK l-a ,rn«} r. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx123 M-01 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 4 f!. r1 1.5 ft. min. ■ 1 2 A►AT€S: 3 4 5 6 7 8 w G Paint white with black lettering E Pressure treated two -inch -by -four -inch (NOM) wooden stake, metal or fiberglass post- (Carsonite style is OK provided it has an anchor,) Magnetic locator pin (e.g., pipe, rebar, 20 penny nail. etc.) placed eight inches to 12 inches from post along NGPE line. Quick -set concrete Steel anchor or similar anchor may be substituted For concrete on Type 2 signs provided it firmly anchors the post. Compacted native material. 4GF-E--� w,4 ll_ e Yr.lar no greater than 700 foot a aFt t'�et�A in+r�-placers sf7ll�l r yi��--s+gr� per $ram Type 1 < < l �-+rail a s,, 11 ,per -any lot that ber4er5-the VQ-ff&Mh-la��������less-e4taer- w+se Pr-Gved-[)Y- the-Ca+rn-ty-c4ifica Iase a s speEla4t, Sig-r-�plaEe+n,-r -914;;-he-sabject to 5 gns ,a"e e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl24 459 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 •I I I OL,4 I FAIIAa a , • • tclic}F+�H-sr uj C�cn fa a"4 Sqec4eS Status" Wabitt„iiequirementr en -Distribution Bald eagle f�,f Nati 5 r+eseriti�s ade Magi Flgarea s i+� rxaa�erais a -a iog arf�eiinar of �• florae, s VV t �id4e+*seaWFd oF-i+43mci FAin L-.w&Lem Qr _� . t-r-. _24 fall4t arewp-pe4icafR T-E� C�£E�SIAf�a� SEH iFi7E`F•51 #{+Fl$-lid-F7iY31 FRS• i+kFel�r3::; r.asCades-fMg f•C-¢ SUeamsetween--2;WQ feed ar�d 6�U0 fee�eieva�ie� Sm 44 WaShWgtGo-a+*-Qr. gen What ,,• {7NFi'�jr78f3kl��fBFl�S :5}llfaE [3F�1 p puIati9R&4o-sGuth:2-' E6�ktf- bia--&p,&Uf-,{ PGO, SC AEAuatiG-1}a4Ftat,�ec4ell�rg4ent v na il--in wet !an4s-pGnds; a4nid R34leNestson secluded rher on lakes i•3 ,144d--l--ttmw*Pts: reemmen murre Rene- WIfjter--rc.cirlQgr roan co�bjr"f ;PL4, l �raariiti sees—tli�e �i� Po r,}C�'' PrIheF KQr--SE- are forest Wi1�}o_r..rrarrin r.til n.. r.i#�� Gus alid mr9xe tV Fe5ts 0 GalGaIdeR eagle fie, I Inrnmmnn western Was4k;gtt,n—;may, t"peis r �. Sc Nests on Gliffs er large trees-?' Gr�ale H9 Re7 migFa r{� l • } I } r FII�{]�FFig-&F!a'{ -`Jrn �mTc r $SS Ofag en,e - �.,ge5tina s f!dimiani_2 Gay-WG.4f FT-, SE Rare camiv-Gre 9f kKQ&Rd—nd epen habitat requiring adequate .inns lat,- fir3,,F-Isla-tiaf}al�-a��An,.,r� Rw -evT- ivof:e-Gf wA4@ mias s �.re aiz-o&,v_. _f i-casiG ial- reC�-RY � �4&-f `��-NGr-th i Cussadles_nl a� f it O�ark,21 hiller ,.... e-F go -Re_ R�ci ont�ma�inn mammma r fern- -al h}�, Ga4 S€ a4�r�4r�prira paa prey Fr�R+ ge�Sa+ flAarhlarl m„rrelet i=T 5.T Wnc-Gm4-PGn-seabi-rd-that-n i•R4ate-s4j4i;G-&ssiooaj 6erfife4-€trusts-wi1th4i--59 milar rtf ma a lAlir.ta rr ,, y, dd rrTrrr �-v-r-rrr�rri-n��iR�ry�rs-cc-r-�--'rt-r-necii-�Me+r-c"--rr+m�i=S- e, Shellfish fu R d in 5ubti"-ro e k fee s :8W c?E�i!#Fi i� la rr�£ AS@f SIC NQf44er-"oS- PGO, SE ftaFr r k�a•i +aesfs i to fii a i. fiia#�iFe e9F+i#e Fa Fib-: r L s��Erk- 1 k r 2" e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl25 m WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 Species 46a Habitat oe e-Mer.+- �and-Di&tribwtlnn J1lnrthern spotted �€ ���I��� �,{,����,��,�-���sa�i�0- set eleya+ir.n OeI s l,r nrrn6a-�- GJA4 ed-^-1+'v'kF�_ 4ate-s'u z"Ts:vf�3l�rr.2F Olympiarr+e none, &heW444Gwn i On lntert da nr�, calmly em it -paced in W hahrnc�v Co C J� n M fe&WfAie-n_nffoo in r ��s-' Oregon Cne+tend F-T x I- ^^FCC''8g,,-Pa-P � 7 PaC1fi f A041Fk; 4?{ i��lf �lirli Fd�W cFf�iia{ {.}i m—a-"lil[LWat FS j39f-l34Fse Peregrine falcon C!� Ve.--'�F-'v}}F}6l-Fd?•5J4 {} A TE-S S-i-R--eli f-`-> -ISO n lip n feeds GR Wrds, E-S�it3��-3�14i£-�1f�-aF�-V�QF�(3W�2e�Ci�}fF£iHfcnrv1r-,�,cc�� Piieated-weed,- none, r Large e_5 &Pt-�ndpe ckeer of nnat rre fnrera n trees > d - peckef Sc a 4tef4 ,r n prto ng-mni u--r-eor-ti4ig "i)Or-tit-rra nl Wl-e-XC-aW t-od<-K.GV F;-g robnr 2e ec flies nUof . �7 I�l:lr:PL-fnaa ire, c A-"grainuzvey, eava-nn'F�nrr^SOR&}it _th'3t nest5$ i 9r-rif ii \iirx Yi�{•usjQ SE artificial (test-bqxe.5-?e Peal leggerd frog I-G-0 �UUII[� fr-0f#} SE��£�Vfe{ �f� ���t�� C?��lf3�iOd�-;.:rc��>-�c'rir ;�rrni &r"eeds 1-}:iWll in f �,.,o etl�f e} slew-slaollitkg fehFi35 2E Canrlhill crane e, AI r3 �anr-I rn rho rnl rr$ � �„- ,�_ nr�_`Trrr•r_vnc�-b n}T---sarn�_ S€ lad4s-H4141y-W ry ad forage iFi r.l•, meadows, pastures and-agr4ed.+ltu•r-a iir.l.dr Cnr,n in Wa S!*q,4 "r. C{ijFif}g f11}rIQfl a F1E'StiWi j3e}IFF1�t�5Ld Fi,L4Lgr� Steller (Northern) F l r 51 .F Sewth-as rd.slTnf rS a5 fd Area-id4i� tlitF• ;3i E S 1•I1-t ip-FF9i t lE?Fn Pacificand qPa IOAR f ai;F@ Cr,rafl-, ;-i--Wxas4ingtfin- &4n4a-nrd wain titers occasionally in . rrtor 2e.-AN Tailed frog IC'�^A�r . Cali-eam—d7l alid,Fig- -9g ff cold, reeknrk substrate streams s7C���_ Sm t FF �4 Towf 4eo4-'s,- PGO, SC A--yeaf4a4n4-res3deF}t44at-4*a-b+t�-caves and-aba+F d4RPd FNdfies a ti 4- ea-Fe44at ings. Extf£e isy-seos4We4o-Thuman rlir4r rrhanrrr 21 Dengn+ r errlc frnm C—i�uEl�di'��i�-Wiet�ffta ff~~�i \ia\M, S S m.f i 4 nerile, A 5+r}FFstTa£+f rdasl�ief} aR£l-3ree4d?f e •WeS�AIaSi�ldlt�EIC�SEyr� Sc w%tit to rr � al conifer forests De _ s holds.. etef SFi3��ti'0 FF7£'S�fd�FiE��$f3-S�irlg�2e Western she n4g�, AAv44er res " �•Rla+I ,@5P4K4 ;44 sh - AtA &P-41igg am JFt¢� Western poP4 Der--i irr in rtreamrl nngrdrr t U Ft le l m W sh i -'- on, PORd-tw4L--s-u=,r:ry=eGp e n rpla;,ds and ts�djaceLnt to ,.rater herdie- ' e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl26 461 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 2 3 4 5 6 7 8 9 Species c+fit Habitat Requir-Aments and D-strib-tion Western to PGO, SC Fowwkiear--cmm&rgant wet and small lakes Frem ze Fe to G 530 fiat nle— k W44aw-flyEate4er- F40-, Rene A-ieatrApiea rni�that breeds 6F o #emsts:4 1A/n rc Pry A_ w0de Fanning trans nF remote boreal nr that ren.4iFes W seayenner itge yyam�__ ART eY Ei 7: Mr •.• .., MAN. .., ..X .., .. - - . e Ir I i er-o Z2-Ibin -0 2 POGFi}„ Species Mown or peetedta-Occur iR WhatGem GOWFIfy.} L..r Dri..rity Firih See T2t�-a bIa 0---2 —W- MININ mit"W" - --e 11 _ 11 _ e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx127 462 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 Spersies/SitBs Grit �r-iaa Moose — regi filar rnnr er }ra}i9f}5 #;� )• a Feas, regular rr.nr g" � Ala+ive 1i+tlener•L Flom of Barrow's goldeRe. IIrLorf]wA4on_aaaolder eye hiiS�Flnh T- �4flg„. ar v=r ca lr-ic e -5,- ����/I Vtt I+ V-A Pao lE 5t(�Fc+dldF 60F G0FF3FdciON �7/- V,4 RC-T Pandalid. rhr:mnr — r-e a F GO R Ge n}F-,t k)A rE-T Red urchin — reg64ar r ntratir.r,r KT Roosevelt e[k---ge•g-ular_ o.+r �nnfra_+i r.nc rals.inn hrnar mirrrh+fir. •� r R4,LT Snow genre — regular rnneentrationr VA, Rr. T w*e peete Fa swans — r�igu4p—e"eeo+ a+ems 0I.rivr'tir-ec-r".n='Q-tt-inn a ha �a;, ea&4REl[-Fe9W!ar_Iarne . ,in}eying eeAeen+FatGenr - sewn „ are -as) _ SigA;k ant t FeE!di @F "^ ►►fit! _ risTf+i. C C _ AMDFW 1999 . ■■eenwd ••Larsen et 2004+ lieSmith et all. 1997; &Pe4e-5 r-Adpral and State Sta- e (Puget S 11 Qn rt,,. C-h. }rrb,r. .,+5.-A.. rte-���}�C�IC S pro r well O-MygeAated - .el ..ebL,i., r:4fleffeaS SpaWRifl ...eAe PH , , 9fht-S}e- eieS F-al1Y GGGUFS With EleaR O and el habitat and i g rh a. I LAIR ru bstraker juveniles Stream use eF ham..-L..ra+nrr. c.: refLige seeendairy eha el.-r e of ponds provide E)FtdRt Frgm flOW5 f F e.,e(winaering juveniles. After rover eFiticy, adwit5 on Spi3WAiAg iffy 1On U512 Fe5tiRg PUG"hkhge frwfFW ♦♦���� FFP L4e summer and o Fier autumn.��� }F4e-&rrr._ air arp Mpg�n fnnd Ad Fe fUge feF i ender afte enteng +hgrie�_ C Pi'44b%i♦:inn.. Wh atrnm county S �nn�oth fa 11 and rnri ng !'hIgTmvc � rsalmoo r+nr4r Late . ��%� k}IF�BpkrS�3r}4AIf1 1ii 3C3 tF4i}rr� £ fi�3lf}- e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl28 463 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 S{aeE{eskFS} FaAar,31 a+ad State-Sa- 6eeK3i j —44A. I M., 4.F+e+� ste+PrNerthF��sebfi-�C�)ael�sac R+er a��ir� Ia�rk-ll�dle I, Fribu a ip��„rIe Andersen-,-Bewaicid,r,�n I.. �F111tHj a4£-T4F-We Cr c�ii-�Cl�f}6� F 1(�I�-�l�YV c�iSBP7�E'B^rru'�^�cc:riYcrT -iF umas RWe-F-, l 4R-I_►akot2_ Squaliew PA and _What r_ra� Crs�Lc_ Two or,awpis the nl.,.t�l-F4fIhW��}ar.,�,on ❑nn n�.�,nn >;n �r,d..�„ �+r�-i-r"r-rr�c�•..�,- t�4W£'Fi�i3�-(+9;iF P�BB:F5a£�FE3 a it?SSeex4+?^+rrc The crchn`pF3�iE- nook-&tec4-spaw.nrin tk►e-St�a-N�_�nl rk nok5a Gk R4yer and same large )�.{�L•i�Fi�S-5�LFf'E`' W44&P-4Gb4-g+r nrzr.r..r.-.12£-��F�g--�af1.79f}�iS-F-FIFE-�F}�Ff� Weams from PebFu , to October anrF spawn Fre Iul„ to Octr,he,r -Pa•Il �.nr,r,rl�-ad kS rmrrl$fate a"'I We r+r..-,rnr ff@+ spawn From C., niles r,f b oth steeksranhp year+rfFl 4ra�-r�fifn4E� Coho saimQ{} P.4er.ity UO1-i ate}; Clf}ilhr -gc2.:a �0rv,-�r}i31 �vrua�vcf�:mr�-'a-`f-crTf i}@E3 �c-53�1F?Fl-� Oneemyne Ste' s r abe�atpniies use of hnhita! aj4d i r. csr- rh ac 6W,9 � k- s� 5P-aieesr3mo� -GIW-.r _ ,.J i deFew !,-,:` a!; ar.11oF Fef- rwfeir� �esfatr--5�evev+fe> kb+ - !a de-ep por-,ls a_nd off eh a n no 1. ha bita tc. ern ci� Pa rt;,., hr :mT poirtanc-e fG -i a��i--i•€��: �lrf#F-.l�y.�n..f'.-+i, r+ lmr,n cirrir rhrn„a hn.r�l hS�r�ci frnr�c n�}hn urr.-ccrrnracrn rsr�rr-v�c-crrzrn-cam -va-c Nooksa�k a e s#aed a fdassQc+a e�i �r+b a +e a+ d�+ a +y sr f;}lle - &p ., enl rlrsin�noc.i.v-1,.rlin�f u•a„ „ �a- r tiT 4nr (pr -- na-- r"Syster ❑�rl ri r..� Cil.,�r Cn.fa, m_,___ T � + 1�AI +rr�T m Cr= ���hrc�-��rr L�$�1D--Sa�f�l4i��r •• L,-crf�B£�61�}l�cf f�4fg-r��a�a FB-Ff3 5Ua� r Fn� rr��1„1,If to a5 late a5 I•ef'vr�'rry-r mic Sf7a�1N�; vr;rv�ivvE� t8 as late as FeE3r+ar-y-,l+sve 4 lts can be fouP4*e-a4�g--i-st+eaf earFOURIA. rh rA SaII.m m4 Rr-iari y w 4ays W weeks hnfrrtrn+-c .mac v--r,�f$-F&ffF} �7Wi�5�r-�3-F7�-�U-�mrvvoicr�-r F@-�{l�fE ixF^ ke-ia ited-#aebita! n s i €r ater: Mig-r4tk4giA W4S Feq Ui FIR e9l4, well ei4'� ..fat-,rr rest R- .� r,srr -.., 'r,�., r. 4s .,r, ri,-h " rraii . t +-5al als,&e4e+n 5jlaawi; On 5l�a�lewef-�lewe gf�+�Tg str sUearritrrra•r'ru-�iv�ci"rm=Rr�i�FYHYIIEL o T ter` rn�c_hvc fri,in rr_ 8 � � �arn_ctrnrL c_nf ch.im lmnn occur in the E•%4wef-Rs_ sip ne slams-: he South Peirk-R4-4-yia+ ste* ��N��a�eks,a^�'k-'-R+vd trih� Marie s ..hilr. +4� j_pr rn�,..nr in�Tk#C-North-PtYk-!' Noo saCRnd ,,f., , the rri, i7m on the M'kj�ki�r}F�4 �li3E}I45c-}£"� VeF f9f1-crow,-s-c.rr--rr-rc�.�: Fsh ayc-E�r��ruch as e i& W,akl a�i _i _r ,�p�� ri�d/lzl+, ...ar.'ate [7 VUaC-k,-Fca'r""nr"'a,rar"`rr'&wn.ar✓`riYVe-r-,, Y IFG�I� Oyster, den-,-Sgtia4c4 r"r-,,-ag4f--W-ha try=k-s, e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl29 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 Ca+--edoraalroand WhfL + j 4GtS Bl!FA streams from August to Ce.hru-.ry, p.i spawn from Getohor to CaF�- Fpf-eawbe four 4A-StFea �r-Gm-PE iFNcifjl t$- 1-s1= F3l�Fa�-5ea- Wr�fd-S }Bf Ijl a �'f £iili 3f 1err i p:l r _ .r4n , i.� reshwate'r, 5 �'rremePtss D r, vrr Priority i e he ��fr"e&4wu ✓�i 9fni l�0st a5 SSpe Giesfr'�'T' �� v��] ,.f ,. r�}�� .J y� F n l�lC&tb Limw4.— vve r�Gr4Vf oddyear pi Pk s R�rilfl�'fi1�ITCTTie4A'R-the vm�s �G �JaBL IlTrrarT'rarai-'vcrlrF}�Q�ft?f�-�f��F-�FRi�C S�fi��i�2 ,strsr oufd-in the igste }iaad- ibuta-4e5 of thd4le FoFIF[`=v�c^v u to•N68ksac-k-Pa Ps (R NI r c�e at" u to-RM--2-5-, apd-a:so-in so tar4e54f ekK Ing-QEe-r; aanT , ur P�ifl"r�l'Jv'�^�^,r-orTii v�i9(31fFlfi�fcF22`�C� 1f1��i2&�p5 9F@ t}£lf j}ie��Rlillrr Sa�FFi4FF 3:5-f�i+FaE ciflf� 3Fef7 4reams fR @e -4e-Qet�, i$ 3 pti3�k#5#-E8 B Ef f1� d-IiaFeaf}rr���L9F1i�-fFila�___a- sN-c}F4-5404�- 'ru.criiTrti rairl'sci FS-A49-j VC"'i�-ram. - Eras r Sockeye sal m_ QY rieri+�i ' E71{ fi t �ifT7i �rae 'Icmrrxycvririliv'v'rlri�Ff? 6FFi ief� S f? F eiti$i� •'/- momrcvikanee ie'S a-Rd-sP,&w+* n s-Gtt-1q lmanirl_ species. Cos i j� -I ii C__ t-hOVEOPLRG Fe f�if�--I- e-&hvr ter lakes for _up3 -a yap-F-nria��-e F` to mig4z+a,t4ig neFka+s.[+sir-ch���--,clf-�v�� i-Faf-f}FBF{�-Ifi=cx ..ancr ��I.ml„.�.-.L��� rr��� ��._, DiStribiI pioTf.�IT�ViTT1LT bprr r,F rerLriln pion Ifl-f 9F 1 aR B F �BF�{�10Q�f3a£ �T1 QFFE f)EEaS5 GRa4--FeeBl•4e 4,i- � nwerreaches of tf ihe-Wdd4a LorL_ A native-PQ-Pw.latiam of kokane�e F ed' es lfa IAIkat waFeFsfies A hatdief she salt44-"d of the FedaceLs-e--'kukaRee brood stoG -- i 4es aroundtile 1 'VI/4efF-hGbitats tw;e-occupied.---SJy-e-salf�non-a u }s m i n Fa to and are {,.,i.} 4tfeaM5 frogApri-� O-NC VeMbP_Fail'lure Ff—fF@m August to nl.-.i/embe-r, �f�-ai�ftWei-l�}G�-Kea��F}g--SE£tiFS-jlet"Ff-F9{�f�f�ip F.-ock.,.,-.+..r I-.Loc gi�4r$6Ft FT, Pr*94tp HabiNFt,' S reqi�ent s as-44ier 5alm 4 - C..hr.Glimor. f excee,+ tl, .+ ti li +rr . t . Fn r4. E.,I.fr r P P�-F^Fffl s of b IIIye t inl;ahi+ Ir.w . iyer-rrearher an rh ik3�}i iY��f}FFr}��Fa idW, eafiFtg •aPA-fee-din - f i� ribs, ior��Be��use bi�l� tfotl regt►i'rgv�ry�el�-water- ei efatE r�s Fir cer h ist'Ary the distribution h, ilt ro is ral ly re stages ofut gep a Strieted }e F F@�e '9 3FF7- 33FF1 i FBI F941 i�aife E2FF �fi{ Fib-FI1 �1@ Ill rrth C,-.rL r� �i. basinLip to RM 65, in rdeF, Canyon, ell�l�r_ and e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl30 465 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 F•ede*af,md @6F25 State ✓Cta-- t" be e! a �A�dt �9i5 C {AiGR IW aoksa�-fever; btu-4l-tr-[� Ali-a;ze--�oc+n d-�tr��-t�l e-�# iuer�+ar�e%a Fw; ara�# -.per-n n} OF ed to be -present R,1 an Lake, Clear:w.a- ter- �s F} • Fl lf�; tE iE�l� l r3-e} FF 1 �FE'�#f5-1i3 c1" r� �9��4 %V$61f53EiC SFF�-��a5ii} {1 Ef$flt-2F f�BlNfi �8 spawFi4n4ke-ma+ Stem 31 t �8 kF �i°6FlE 3f1� FF7 �E1�`, cr-�FCGFee S-13* I trout/"#y vafdei+-are a! 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J21 to a ` -'� j y !� O C M V1 CO •i T C cc N • �� _ CL cC � O L e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx 134 � U C �aU 0 0 J E • 2017 Whatcom County Critical Areas Ordinance 2017 Update - Best Available Science eview: Addendum to the 2005 BAS Report i Planning and Development Services Whatcom County 9/26/7DS7 471 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report Acknowledgements Whatcom County would like to thank the following people for their assistance on this project: County Council Barbara Brenner Rudd Browne Barry Buchanan Todd Donovan County Executive Jack Louws Planning Commission Atul Deshmane Michael Knapp David Hunter Nicole Oliver Andy Rowlson Critical Areas Citizens Advisory Committee Roger Almskaar Kate Blystone Audrey Borders David Haggith Critical Areas Technical Advisory Committee Ryan Ericson, Futurewise (first half of project) Oliver Grah, Nooksack Indian Tribe Diane Hennessey, WA Dept of Ecology (last part of project) Joel Ingram, WA Dept of Fish & Wildlife Kara Kuhlman, Lummi Nation Ken Mann Satpal Sidhu Carl Weimer Gary Honcoop Gerald Vekved Kelvin Barton Natalie McClendon Wendy Harris Wesley Kentch Laura Sachs Virginia Watson Dan McShane, Stratum Group Susan Meyer, WA Dept of Ecology (first part of project) Pete Sim, BP Cherry Point Refinery Wendy Steffensen, RE -Sources staff Sam Ryan, Director, Planning and Development Services Mark Personius, Assistant Director, Planning and Development Services Cliff Strong, PDS, Senior Planner/Project Manager Travis Bouma, Public Works, Flood Specialist Wayne Fitch, PDS Natural Resources Supervisor (first half of project) Ryan Ericson, PDS Natural Resources Supervisor (second half of project) Amy Dearborn, PDS Natural Resources, Staff Biologist Erin Page, PDS Natural Resources, Staff Biologist Matt Mahaffie, PDS, Natural Resources, Planner Andy Wiser, PDS Natural Resources, Staff Geologist e:\exh c - bas report 2017, 2017-09-26 final.docx 472 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report e:\exh c - bas report 2017, 2017-09-26 final.docx i 473 Whatcom County Critical AreaOrdinance 2017 UpdateAvailable Addendum the zuusoAS Report Contents 1. INTRODUCTION ------.-'.-..-....................,.........._.._..---_..-.~.-,..-.-.' 1 1.1 Purpose ......................................................................................................................................... 1 1.3 Background ................................................................................................................................... 1 1.3 Review Process ............................................................................................................................. 1 1'4 Relationship tothe Shoreline Management Program .................................................................. 3 3. Article 1-Purpose and Intent .............................................................................................................. 2 2.1 Synopsis ofRecommended Amendments .................................................................................... 2 2.2 Updated Best Available Science References ................................................................................ 2 3. Article 2-Administrative Provisions .................................................................................................... 3 3.1 Existing VVhatcornCounty Policies and Code Provisions .............................................................. 3 3.3 Synopsis ofRecommended Amendments ............................................................................ ....... 3 3.3 Updated Best Available Science References .............................. . .....~...,.....5 /i Article 3-Geologically Hazardous Areas ............................................................................................. S 4.1 Existing VVha1connCounty Policies and Code Provisions .............................................................. S 4.2 Synopsis ofRecommended Amendments .................................................................................... G 4.3 Updated Best Available Science References ................................................................................ 8 S. Article 4-Frequently Flooded Areas ................................................................................................... 8 5.1 Existing VVhatconoCounty Policies and Code Provisions ....................................... ................. .... 0 5.2 Synopsis ofRecommended Amendments .................................................................................... S 5.3 Updated Best Available Science References .............................................................................. lO 6. Article S-Critical Aquifer Recharge Areas Karas>............................................................................ 11 6.1 Existing VVhatconnCounty Policies and Code Provisions ............................................................ 11 G.% Synopsis ofRecommended Amendments .................................................................................. 11 6.3 Updated Best Available Science References .............................................................................. 11 7. Article 5.5-Areas Within the Rural Residential District ofLumnrniIsland ......................................... 12 7.1 Existing VVhatcomnCounty Policies and Code Provisions ............................................................ 12 7.3 Synopsis of Recommended Amendments .................................................................................. 12 7.3 Updated Best Available Science References .............................................................................. 12 8. Article 6-Wetlands ........................................................................................................................... 12 8.1 Existing VVhatcomCounty Policies and Code Provisions ............................................................ 12 e:\exhx baoreport aoz7 2017-09-26fina|.docx iii Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 8.2 Synopsis of Recommended Amendments.................................................................................. 12 8.3 Updated Best Available Science References............................................................... .. 14 9. Article 7 — Habitat Conservation Areas.............................................................................................. 16 9.1 Existing Whatcom County Policies and Code Provisions............................................................ 16 9.2 Synopsis of Recommended Amendments.................................................................................. 16 9.3 Updated Best Available Science References.............................................................................. 20 9.3.1 Maps and Data.................................................................................................................... 20 9.3.2 Wildlife Corridors................................................................................................................ 21 9.3.3 Beavers............................................................................................................................... 21 9.3.4 Fish...................................................................................................................................... 21 9.3.5 Nearshore...........................................................................................................................22 9.3.6 Miscellaneous.....................................................................................................................24 10. Article 8—Conservation Program on Agriculture Lands(CPAL)..................................................... 24 10.1 Existing Whatcom County Policies and Code Provisions............................................................ 24 10.2 Synopsis of Recommended Amendments.................................................................................. 25 10.3 Updated Best Available Science References.............................................................................. 27 11. Article 9 — Definitions..................................................................................................................... 28 11.1 Synopsis of Recommended Amendments.................................................................................. 28 11.2 Updated Best Available Science References.............................................................................. 29 12. Appendices..................................................................................................................................... 29 12.1 Appendix A: Conservation Program on Agriculture Lands......................................................... 29 12.2 Appendix B: Notification Example.............................................................................................. 29 12.3 Appendix C: Native Growth Protection Easement Sign Installation Guidelines ......................... 29 12.4 Appendix D: Special Status Fish and Wildlife Species Protected Pursuant To Article 7 of This Chapter................................................................................................................................................... 29 12.5 Appendix E (now B): Locally Important Habitat Designations — Marine Shorelines and Chuckanut Wildlife Corridor................................................................................................................... 29 13. Recommendations for Follow -Up Projects/Amendments............................................................. 29 13.1 Administrative Follow -Up Actions: ............................................................................................. 29 13.2 Follow -Up Actions that Would Need Council Support: .............................................................. 30 Appendix A — Draft Critical Areas Ordinance Showing Edits and Notes for Potential Amendments......... 34 iv e:\exh c - bas report 2017, 2017-09-26 final.docx 475 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report e:\exh c - bas report 2017, 2017-09-26 final.docx 476 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 1.1 PURPOSE Whatcom County is required to integrate critical areas protection into zoning regulations, clearing and grading provisions, stormwater management requirements, subdivisions regulations, and other applicable plans and policies. The County last updated its Critical Areas Ordinance (CAO) in 2005. The Best Available Science (BAS) on which the 2005 CAO was based at that time is documented in Whatcom County Critical Areas Ordinance Best Available Science Review and Recommendations for Code Update (Parametrix, 2005). Said report also describes the process used to develop the proposed amendments. It is now 2017 and per the Growth Management Act (GMA) the County is required to review, and update if necessary, those set of regulations aimed at protecting critical areas and minimizing risk from hazardous areas using Best Available Science (BAS). The basic rules described in the 2005 BAS report still pertain. However, in the intervening years some changes have been made to the RCWs, the WACs, and the guidance documents issued by the Department of Commerce (DOC, formerly CTED), the Department of Ecology (DOE), and other agencies. Additionally, the Growth Management Hearings Boards (GMHB) and the courts have ruled on certain cases, furthering our understanding of the rules. And finally, there have been new studies done that contribute to the body of BAS. This BAS is being used as the basis for revising the County's development regulations and Comprehensive Plan elements pertaining to critical areas. 1.2 BACKGROUND This report is being issued as an addendum to the 2005 BAS report as a record of the BAS considered in updating the County's Critical Areas Ordinance in 2017. This report should be read in tandem with the previous one, as much of the background information and legal bases for the work will not be repeated. However, unlike the 2005 report, the proposed amendments to the code are documented in a strikeout/underline version of the CAO (Appendix A), with only some of the more substantive amendments described within the body of this report. Thus, it too should be read in tandem with this report. 1.3 REVIEW PROCESS This report was prepared by Planning and Development Services staff and reviewed by a Technical Advisory Committee (TAC) and a Citizens Advisory Committee (CAC)' before being reviewed (and amended) by the Planning Commission and County Council. The Technical Advisory Committee was composed of experts from federal, state, tribal, and local agencies, and the CAC was composed of local citizens representing various stakeholder groups. These committees conducted their reviews during a series of public meetings in 2014-2016, both meeting twice a month, wherein they heard presentations from various staff (and others) covering the various topics. Staff explained how they do their permit 1 See Acknowledgements for a list of members. e:\exh c - bas report 2017, 2017-09-26 final.docx 477 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report review, how they implement the code, and their suggestions for improvement. From this, the Committees helped develop a list of potential issues. The TAC members then each took on sections of the code (within their area of expertise), made the first cut at amendments, provided the scientific studies as BAS to support their proposals, and reviewed them with the committees. Though many studies were submitted and reviewed, not all were ultimately used. These are separated out in the lists below under the headings "Documents Specifically Relied On" and Documents Reviewed But Not Specifically Relied On." Documents fall into this latter category if a proposed amendment was rejected by the Committees. These two committees reviewed and approved the proposed code amendments. Interests were wide and varied on the CAC in particular, and many issues led to animated debates. Decision making was mostly consensus based, though votes were taken on a few issues. There were few issues on which the two Committees disagreed (though some members may have). The draft code only contains those proposed amendments for which there was a majority in favor, sometimes requiring a formal vote to determine. Those on which consensus couldn't be reached were flagged and the Planning Commission and Council made aware of the disagreement. The recommended code amendments were then submitted to the Planning Commission for public review. They held a series of 7 workshops from March to June 2016, and two public hearings, one on May 12 and one on June 9, 2016, before sending their recommendation to the County Council. Before starting their review, the Council held a public hearing on October 25, 2016 to gather input from the public. They then held 18 public study sessions between September 20, 2016 and September 26, 2017, making motions the various proposed amendments as they went along. This culminated in the final draft of the code, which was introduced on October 10, 2017, with a second public hearing held October 24, 2017. 1.4 RELATIONSHIP TO THE SHORELINE MANAGEMENT PROGRAM The County is also required to integrate the CAO provisions with its Shoreline Master Program (SMP). Whatcom County has done so by adopting the CAO by reference within the SMP. This reference (23.10.060) is being updated to reflect the 2017 updated CAO. 2. ARTICLE 1 - PURPOSE AND INTENT 2.1 SYNOPSIS OF RECOMMENDED AMENDMENTS Some new language has been added to 16.16.100. 16.16.100 Adding additional language to further clarify the CAO's intent and N/A authority. 2.2 UPDATED BEST AVAILABLE SCIENCE REFERENCES No BAS is required for the changes to this Article. e:\exh c - bas report 2017, 2017-09-26 final.docx 478 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 3.1 EXISTING WHATCOM COUNTY POLICIES AND CODE PROVISIONS County policies regarding administrative provisions are contained throughout the Comprehensive Plan. In general, the policies guide us to: • Keep regulations and procedures as simple but effective and efficient as possible, • Include regulatory and non -regulatory mechanisms for protecting the environment, • Support public education as a means of encouraging environmental protection and stewardship, • Promote cooperation and coordination among government agencies to as to minimize duplication and confusion. 3.2 SYNOPSIS OF RECOMMENDED AMENDMENTS In general, most of the amendments pertain to correcting grammar, updating references to other documents or laws, clarifying procedures, etc. These minor or self-explanatory changes are explained in the comments embedded in the draft code (Exhibit A). Additionally, a few subsections were moved to sections they seemed to fit into better. While there are other changes embedded in the draft code that are self-explanatory, changes of note include: 16.16.205 Authorizations Required 16.16.230 Exempt Activities 16.16.230(F) Exempt Activities 16.16.230(G) Exempt Activities 16.16.235(B)(8) Activities Allowed with Notification 16.16.240(A)(2) & (C)(2) Technical Administrator and Hearing Examiner Authority 16.16.250 Submittal Requirements and Critical Areas Review Process 7 Associated Amending the language to better clarify that critical areas cannot be altered without having proper authorization. Clarifying that even if exempt from this Title one cannot violate the requirements of it. Moving tree felling activities from Exempt Activities to 16.16.235(B)(4) Activities allowed with notification, as a tree risk assessment is a submittal requirement to determine if a tree meets the definition of Hazard Tree. Moving restoration activities to Exempt Activities (from Activities allowed with notification), as these types of activities are exempt per RCW 77.55.181(4)). Deleting the use of pesticides in buffers as an "Activity allowed with notification" since insects are important to the food chain. Also clarifying that herbicides are only allowed for eradicating invasive species, not native plants. Amending to give the Technical Administrator decision - making authority over all Reasonable Use Exceptions for single family residential uses, including those in geohazard area, so as to minimize cost to the typical homeowner. Amending section to reflect process developed under Kaizan review procedures and now used. N/A N/A N/A N/A N/A 3 e:\exh c - bas report 2017, 2017-09-26 final.docx 479 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 16.16.260 Amending to make it clearer that, even though mitigation N/A General Mitigation sequencing has always been a requirement, that alternatives Requirements and cumulative impacts be analyzed. 16.16.260(E) Adding a paragraph explicitly stating that mitigation areas are N/A General Mitigation to be permanently protected, though that if future Requirements development is proposed on the mitigation site, any restrictions can be removed as long as the final plan meets the requirements of this chapter for all cumulative impacts. 16.16.261, 262, and 263 Three different alternative mitigation strategies (Alternative N/A or Innovative Mitigation Plans, Watershed -Based Management Plans, and Mitigation Banking) were contained in one section. These have been broken into three sections now, and a new section 263(D) (Use of Bank Credits) added based on DOE guidance. 16.16.264 Adding a new section authorizing a mitigation in -lieu fee N/A In -Lieu Fees program. This language, which comes from DOE guidance documents, allows for such a program to be established, though such a program would still need to be developed and approved by Council. 16.16.265(B) Adding language that would allow the Technical Administrator N/A Critical Areas Protective to waive the notice on title requirement for certain, low risk Measures geohazards. 16.16.265(E) Adding a requirement that applicants indemnify the County N/A Critical Areas Protective when a permit is granted for development or use within a Measures geologic, flood, or other hazard area. 16.16.265(F) Adding a paragraph notifying applicants that temporary N/A Critical Areas Protective protection measures are required during construction. Measures 16.16.270 and 16.16.273 In the existing code, the rules for reasonable use exceptions N/A Reasonable Use and variances were contained in the same section. However, Exceptions and these are very different mechanisms, and each deserve their Variances own section so have been split. Most changes in these sections have to do with separating them out. 16.16.270(B)(2)(g & h) Splitting g & h into two sections. Amending (g) to state that N/A Reasonable Use any proposed activities won't cause damage to other Exceptions properties, and (h) to state that the activities won't increase risk, as opposed to guarantee no threat, which is an impossibility (earthquakes and other geohazards may still happen; no one can guarantee they won't). 16.16.270(B)(2)(k) Amending the language to set a Maximum Impact Area of N/A Reasonable Use 4,000 sf for CAO reasonable use exceptions and Shoreline Exceptions and Management Program variances, and to not include utilities Variances and non-native landscaping in that calculation. 4 e:\exh c - bas report 2017, 2017-09-26 final.docx 480 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 16.16.275 Increasing the time for completing reconstruction of N/A Nonconforming nonconforming structures from 18 months to 5 years Uses/Buildings 16.16.280 Amending the language to require that any issues brought on N/A Appeals appeal to the courts were raised and heard by the County's appeal body. This is a standard legal practice for appeals these days. 16.16.285 Changing the time for property owners to respond to code N/A Penalties and violations from 30 calendar days to 30 business days Enforcement 16.16.285(G) Adding an "After the Fact Permit Fee." Charging "after the N/A Penalties and fact" fees is consistent with how PDS handles "after the fact" Enforcement building permits. It should be cheaper to ask for permission than forgiveness. 16.16.290 (Conservation The CPAL provisions (16.16.290 and Appendix A) have been N/A Program on Agriculture combined and moved to a new Article 8. Lands) 3.3 UPDATED BEST AVAILABLE SCIENCE REFERENCES The following documents were submitted by a member of CAC in support of their recommended amendments: Documents Reviewed But Not Specifically Relied On: 76 Harris, W. CAO Exemptions for Passive Low Impact Activities, April 2015. (Not BAS per se, but references several studies) 4.1 EXISTING WHATCOM COUNTY POLICIES AND CODE PROVISIONS County policies concerning geologically hazardous areas are contained in the Comprehensive Plan, Chapter 11— Environment. The Plan highlights the responsibility local governments have for balancing private property rights and the need to protect the public's health, safety, and welfare. The Plan also establishes specific policies aimed at: • Minimizing public investments for infrastructure in known hazard areas, • Using best available science to research and investigate hazards and educate the public, • Informing the public of the potential effects of geological hazards, • Establishing decision -making criteria for development in hazard areas based on established levels of risk, 5 e:\exh c - bas report 2017, 2017-09-26 final.docx Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report • Uses that do not require human habitation when adverse impacts can be minimized or mitigated, and • Prohibiting critical public facilities in known natural hazard areas unless the public benefits outweigh the risk. Whatcom County manages and protects geologically hazardous areas primarily by implementing the standards contained in WCC 16.16.300, etseq. The stated purpose of the regulations is to minimize hazards to the public and to reduce the risk of property damage from development activities on or adjacent to geologically hazardous areas. The regulations also regulate land use so as to avoid the need for construction of flood control devices on alluvial fans and allow for natural hydrologic changes. 4.2 SYNOPSIS OF RECOMMENDED AMENDMENTS Overall the regulations have worked well and few substantive changes are proposed. Many changes have to do with clarifications, incorporation of standard practices, and updated references. These minor or self-explanatory changes are explained in the comments of the draft code (Exhibit A). While there are other changes embedded in the draft code that are self-explanatory, changes of note include: Throughout 16.16.300 Purpose 16.16.310.E Designation, Mapping, and Classification 16.16.310.C.1 Designation, Mapping, and Classification 16.16.310.C.2 Designation, Mapping, and Classification 16.16.310.C.3 Designation, Mapping, and Classification Changing the terminology from "buffers" to "setbacks" for geohazard areas throughout the article. The reason for this is that whereas for most critical areas development is kept a certain distance away so as t protect the critical area's functions and values (i.e., it "buffers" the critical area). In the case of geohazards, keeping development away from the hazard is not to protect the hazard, but rather to keep development from encroaching into a hazardous area (i.e., to protect life and property). Purpose section changing slightly for simplicity, and recognizing that elimination of all risk is not achievable. Amending to better acknowledge that the County's maps are not definitive, and that there may be hazardous areas that we don't know about. Amending to better classify and describe landslide areas and better take into account the surface and subsurface hydrology (a disturbance to which often causes landslides). Because the International Building Code and International Residential Code contain the only mitigation (construction standards) for typical, widespread earthquakes, the CAO need not address those areas. However, there are specific areas that may need to be avoided; these are left in to be regulated via this code. Amending the text to better describe alluvial fan areas. N/A N/A From Dan McShane, consulting geologist N/A From Dan McShane, consulting geologist 6 e:\exh c - bas report 2017, 2017-09-26 final.docx 482 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 16.16.310.C.4 Designation, Mapping, and Classification 16.16.310.C.5 Designation, Mapping, and Classification 16.16.310.C.6 &7 Designation, Mapping, and Classification 16.16.320 Geologically Hazardous Areas — General Standards 16.16.325 Landslide Hazard Areas — Standards 16.16.350 Volcanic Hazard Areas — Standards 16.16.365 & 367 16.16.375 Review and Reporting Requirements '..' R f!_7i ! _ ' 9 Amending the text to better describe volcanic hazard areas. Deleting typical, minor to moderate surface erosion areas as a critical area since the risk of erosion from development proposals should be and is addressed under clearing and grading regulations, stormwater plans, regulations for special watershed management areas, as well as farm plans and agricultural practices. Erosion of surface soils is best addressed in those areas. Splitting the tsunami and seiche hazard area sections, as they are different types of hazards, each with different risks, occurrence probability, and avoidance measures. Rearranging and adding new standards to this section making what's required clearer, though policies are not changing. Three landslide hazard area sections (325, 330, and 335), each with standards, have been combined into one section. 16.16.325.C.3 reiterates that a mitigation plan may be required, and that the setback should be covered by an easement (like other critical areas) so as to inform future purchasers of this hazard. After hearing from testimony from USGS experts, Emergency Management staff, the County geologist, and citizens, property owners, and businesses, then and weighing all the pros and cons, Council decided that the risk of a major lahar is too minimal to justify development restrictions in the lahar hazard zone, and reduced said restrictions to just having businesses prepare an emergency evacuation plan. The section has been split into two, as it covered two topics (tsunamis and seiches). The language has been simplified. ociated From Andy Weiser, County Geologist N/A N/A N/A 81 N/A N/A 7 e:\exh c - bas report 2017, 2017-09-26 final.docx MW Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 4.3 UPDATED BEST AVAILABLE SCIENCE REFERENCES Documents Specifically Relied On:: 81 Central Puget Sound Growth Management Hearings Board. Tahoma Audubon Society, People For Puget Sound, and Citizens For A Healthy Bay v. Pierce County, Park Junction Partners, and Snohomish County, Final Decision And Order. CPSGMHB Consolidated Case No. 05-3-0004c, 05304c Tahoma-Puget Sound FDO.doc (July 12, 2005) Documents Reviewed But Not Specifically Relied On: 77 Porter, M., Jakob, M., and Holm, K. Risk -based landslide safety assessments in Canada, June 2017. 2017 3rd North American Symposium on Landslides. Roanoke, Virginia. 78 Porter, M., and Morgenstern, N., 2013. Landslide Risk Evaluation — Canadian Technical Guidelines and Best Practices related to Landslides: a national initiative for loss reduction; Geological Survey of Canada, Open File 7312, 21 p. doi:10.4095/292234 79 Guthrie, R. H., et al. May 2012. The 6 August 2010 Mount Meager rock slide -debris flow, Coast Mountains, British Columbia: characteristics, dynamics, and implications for hazard and risk assessment. Nat. Hazards Earth Syst. Sci., 12, 1277-1294, 2012. www.nat-hazards-earth-syst- sci.net/1211277/2012/ doi:10.5194/nhess-12-1277-2012 80 Whatcom County Natural Hazards Mitigation Plan, Whatcom County Division of Emergency Management, June 1, 2015 5.1 EXISTING WHATCOM COUNTY POLICIES AND CODE PROVISIONS County policies concerning Frequently Flooded Areas (FFAs) are contained in the Comprehensive Plan, Chapter 11— Environment. The Plan emphasizes using natural processes to manage floods, moving away from trying to control flooding through major engineering projects. The Plan also establishes specific policies aimed at: • Minimizing the potential loss of life, damage to property, the expenditure of public funds, and degradation of natural systems resulting from development in hazardous areas. • Discouraging new development in the floodplain. ■ Protecting and enhancing natural systems when flood hazard management measures are used. ■ Recognizing natural wetlands such as swamps, bogs, saltwater marshes, and ponds for their value in cleaning water, reducing flood damage, providing valuable habitat for plants, fish and wildlife, and as sites for groundwater recharge. Flood hazard regulations are contained in both the WCC Chapter 16.16 (Critical Areas) and in WCC Title 17 (Flood Damage Protection). WCC Chapter 16.16 designates FFAs as critical areas, provides some general development standards, and specifies review and report requirements, while WCC Title 17 contains the majority of the development standards. The two portions of the code are used jointly to regulate development in the floodplain. 8 e:\exh c - bas report 2017, 2017-09-26 final.docx 484 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 5.2 SYNOPSIS OF RECOMMENDED AMENDMENTS Because the majority of development standards for development in the floodplain are found in WCC Title 17, WCC 16.16 Article 4 is quite short, mainly stating that any development must meet the requirements of Title 17. And procedurally, PDS staff relies on DPW staff to review proposals in the floodplain. In the not -too -distant past, most if not all of the review focused on the mechanics and engineering of minimizing the risk a proposed development might have on itself or on other properties due to increased flooding potential. However, since the issuance of the Biological Opinion (BiOp) on FEMA's National Flood Insurance Program (NFIP) in 2008, the County must now consider the effects of its decisions on endangered species as well. Such review has been implemented; however, WCC Chapter 16.16 has not been updated to reflect this. Thus, the majority of changes in this Article are aimed at integrating the FEMA National Flood Insurance Program (NFIP) Biological Opinion (BiOp) requirements into the regulations. The existing code doesn't even mention it, as the BiOp was implemented after the last CAO update. The changes made reflect the process staff uses, and specify which Department has what review authority. While there are other changes embedded in the draft code that are self-explanatory, changes of note include: 16.16.400 It is required that we comply with the FEMA BiOp, and we do. 1, 2 Purpose However, the existing CAO doesn't even mention it, as the BiOp was implemented after the last CAO update. This change adds compliance with the NFIP as one of this chapter's purposes. In 2008, the NOAA Fisheries Service issued a Biological Opinion establishing significant harmful impacts to Puget Sound fish, wildlife and habitat that result from floodplain development. NOAA's Fisheries Service determined that it was the broad availability of federal flood insurance in Puget Sound that stimulated development in the floodplains, increasing loss of floodplain species and habitats. Changes were required to the National Flood Insurance Program (NFIP) in order to meet the requirements of the federal Endangered Species Act within Puget Sound. Local governments must limit the types of development allowed in floodplains in order to remain eligible for continuing federal flood insurance coverage and to receive other federal benefits. For example, under some circumstances no development is permitted. In others, greater restrictions are placed on bulkheads and shoreline modifications. Three basic options, each with its own guidelines and recommendations were issued by FEMA and continue to be updated. These options include: 1) adopting a model statute; 2) incorporating new requirements into existing environmental statutes such as the CAO and SMP, or 3) establishing compliance on a permit by permit basis, subject to the approval of the National Marine Fisheries Service. (Known as the reasonable and prudent alternative.) I7 e:\exh c - bas report 2017, 2017-09-26 final.docx MW Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report Section FEMA recommended that communities with CAOs and SMPs update their regulations, and has issued a checklist of the bi-op requirements. This is the simplest option and the one adopted by most jurisdictions. It allows the greatest flexibility, and where existing regulations fail to address an element of FEMA compliance, the model ordinance section can be adopted. Whatcom County participated in the development of an updated program to comply with the biological opinion (March 2011 NFIP conference). The County selected Option 3 (Door 3), which is similar to a site specific EIS for habitat assessment for individual permits, which is the most cumbersome and expensive way (for the developer) to proceed. For example, it must address issues such as cumulative impacts generated from the site. At least as of 2013, most of the permits submitted by the county involved subdivision and development not within a floodplain. A few mitigation projects were approved, but the thornier issue of floodplain structural development remains to be addressed. The local jurisdiction with permitting authority must demonstrate to FEMA that any proposed development in the FEMA designated floodway, the CMZ plus 50 feet (as identified according to Ecology 2003), and the riparian buffer zone (RBZ, as described by the Department of Natural Resources 2007 stream typing system and WDFW's 1997 stream buffer guidelines) does not adversely affect water quality, water quantity, flood volumes, flood velocities, spawning substrate, and/or floodplain refugia for listed salmonids. The proposed changes address that. 16.16.420 Adding a requirement that development within FFAs be consistent N/A Frequently with the National Flood Insurance Program and Article 7 (Habitat Flooded Areas — Conservation Areas). General Standards 16.16.430 Changes herein better clarify which County department (PDS or N/A Review and DPW) has what review authority, and adds reporting requirements Report to critical areas assessment reports for FFAs. Requirements 5.3 UPDATED BEST AVAILABLE SCIENCE REFERENCES The following documents were submitted by members of either the TAC or the CAC in support of their recommended amendments: POW Dacumeii Documents Specifically Relied On: Federal Emergency Management Agency (2007). National Flood Insurance Program, Floodplain Management Requirements, A Study Guide and Desk Reference for Local 10 e:\exh c - bas report 2017, 2017-09-26 final.docx 486 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report Officials. 2007 http://www.fe_ma.gov/floodplain-mt3nagement-requirements. 2 National Marine Fisheries Service and U.S. Fish and Wildlife Service (2008). Endangered Species Act — Section 7 Consultation, Final Biological Opinion, Washington State Fish Passage and Habitat Enhancement Restoration Programmatic Consultation. 2008. htt www.fema. ov media-librarv/assets/documents/30021 Documents Reviewed But Not Specifically Relied On: 3 WA Depts. of Ecology and Transportation (2003). A Framework for Delineating Channel Migration Zones. Ecology Publication # 03-06-027. htt www.ec .wa. ov biblio 0306027.html 4 Whatcom County (2009). Erosion and Avulsion Hazard Mapping and Methodologies for use in the Nooksack River Channel Migration Zone Mapping. 2009. 6.1 EXISTING WHATCOM COUNTY POLICIES AND CODE PROVISIONS County policies concerning Critical Aquifer Recharge Areas (CARAs) are contained in the Comprehensive Plan, Chapter 11— Environment. The Plan emphasizes protecting groundwater quality from contamination, protecting quantity by protecting wetlands, which help recharge aquifers, and working cooperatively with other jurisdictions given that aquifers cross boundaries. Regulations protecting aquifers are found in WCC 16.16 Article 5 (Critical Aquifer Recharge Areas), which designate CARAs as critical areas, preclude certain types of (potentially hazardous) development near CARAs and regulate other types of development, higher density development, and septic systems when near CARAs. 6.2 SYNOPSIS OF RECOMMENDED AMENDMENTS No proposed changes other than a cross-reference. 6.3 UPDATED BEST AVAILABLE SCIENCE REFERENCES Documents Specifically Relied On: 82 Department of Ecology EIM Well Data, 2016. Analyzed 6/11/2017 by the Whatcom Conservation District. Documents Reviewed But Not Specifically Relied On: 65 Carey, B. and Cummings, R. 2012. Sumas-Blaine Aquifer Nitrate Contamination Summary. Department of Ecology Pub. No. 12-03-026, June 2012 (revised February 2013). www.ecV.wa.gov/biblio/1203026.html. 67 Cox, S. E. and S. C. Kahle 1999. Hydrogeology, groundwater quality, and sources of nitrate in lowland glacial aquifers of Whatcom County, Washington, and British Columbia, Canada. U.S. Geological Survey Water -Resources Investigations Report 98-4195. 251 pages, 5 plates. 11 e:\exh c - bas report 2017, 2017-09-26 final.docx ma Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 70 Redding, M., B. Carey, and K. Sinclair, 2011. Poster: Nitrate Contamination in the Sumas-Blaine Aquifer, Whatcom County, Washington. Presented at the Eighth Washington Hydrogeology Symposium on April 26, 2011, in Tacoma WA. Washington State Department of Ecology, Olympia, WA. Publication No. 11-03-027. www.ecy.wa.gov/biblio/1103027.html 7.1 EXISTING WHATCOM COUNTY POLICIES AND CODE PROVISIONS There are no specific Comprehensive Plan policies regarding the protection of wells on Lummi Island. 7.2 SYNOPSIS OF RECOMMENDED AMENDMENTS Other than grammatical, no changes are proposed. 7.3 UPDATED BEST AVAILABLE SCIENCE REFERENCES No additional documents were submitted. 8.1 EXISTING WHATCOM COUNTY POLICIES AND CODE PROVISIONS County policies concerning wetlands are contained in the Comprehensive Plan, Chapter 11— Environment. The Plan recognizes the importance of wetlands in protecting water quality and quantity and providing habitat for wildlife. The Plan also establishes specific policies aimed at: • Striving to achieve no net loss of functions and values of wetlands ■ Using Best Available Science to evaluate and avoiding impacts • Mitigating unavoidable impacts Wetland regulations are contained in WCC Chapter 16.16 (Critical Areas). WCC Chapter 16.16 designates wetlands as critical areas, classifies wetland types, describes what type of activities are permitted near wetlands under certain conditions, provides standard buffers for their protection (while allowing some modifications under certain circumstances), prescribes assessment procedures and standards, and provides appropriate mitigation methods. 8.2 SYNOPSIS OF RECOMMENDED AMENDMENTS As with other articles, many of the changes have to do with clarifications, incorporation of standard practices, and updated references. These minor or self-explanatory changes are explained in the comments of the draft code (Exhibit A). Changes of note include: 12 e:\exh c - bas report 2017, 2017-09-26 final.docx 488 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report • L ' l�■t�lf 16.16.600(D) Adding "establishing minimum delineation standards" as N/A Purpose one of the Article's purposes. 16.16.610 Deleting the description of wetlands, deferring instead to N/A Wetlands Designation, the definition contained in Article 8. Rating, and Mapping 16.16.610(C) Updating the wetlands classification system to meet the 14 Wetlands Designation, Department of Ecology's newer rating system. Ecology Rating, and Mapping has updated the Washington State Wetland Rating Systems for eastern and western Washington. These updates replace the 2004 versions of the rating systems including the annotated versions. The effective date of the 2014 rating systems is January 1, 2015. This effective date means that if you rate a wetland on or after that date, you will be required to use the 2014 updates for projects needing Ecology authorization. 16.16.610(C) Reducing the minimum size of a regulated Class IV 5, 9, 10, 11, Wetlands Designation, wetland from 4,356 to 1,000 square feet. The 4,356 sf 77, 78, 79, 80, Mapping, and standard was from previous Department of Ecology 81, 82, 83 Classification guidance (more than 10 years old now). The TAC says this exemption isn't scientifically sound, and was made more as a policy choice. We now know that some species (e.g., fairy shrimp) are predominately found in smaller wetlands, and that even small wetlands serve important hydrologic functions. 16.16.620(G)2(iv) Limiting stormwater dispersion outfalls to the outer 25% 11,13 Wetlands — General of a buffer, per DOE guidance. Standards 16.16.620(H) Adding new standards for trails, including a maximum 11,13 Wetlands — General width for private trails, limiting trails to the outer 25% of standards a buffer (instead of 50), and avoiding significant trees. 16.16.620(K) Adding a provision to allow phosphorus reducing BMP N/A Wetlands — General structures approved and installed through the standards Homeowners' Improvement Program within the Lake Whatcom watershed to treat runoff from existing development to be permitted within the outer 50% percent of wetland buffers. 16.16.630(A) Adding standards for what type of existing N/A Wetland Buffer Widths nonconforming uses or infrastructure may allow a portion of a standard buffer to not be considered buffer. 16.16.630(C) Merging the 3 existing tables of buffer widths into one, Wetland Buffer Widths and formatting it to fit with the new DOE scoring system. However, standard buffers are not changing. 13 e:\exh c - bas report 2017, 2017-09-26 final.docx Ewe Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report IIIIIIIIIIIIIpp— r m 16.16.640 In Table 1, merging Category IV wetland buffer N/A Wetland Buffer Reduction requirements into one standard, since regardless of the habitat score the Department of Ecology recommended buffer widths are the same. 16.16.640(D) Adding language from the new Ecology guidance (land 15 Wetland Buffer Reduction use intensity table) regarding what type of implemented measures will reduce use intensity. The idea behind these mitigating measures is that use of them will decrease the intensity of the proposed adjacent land use so the buffer would be decreased from high to moderate or moderate to low land use intensity with associated buffers. 16.16.670(B)(6 & 7) Adding language to specify what should be contained in a N/A Review and reporting wetland report, making it clearer for applicants and requirements consultants. 16.16.670 Review and Revising the wetland review and reporting requirements N/A reporting requirements & to allow various components to be submitted separately, 16.16.690 Compensatory if the Technical Administrator believes it will lead to a Wetland Mitigation Plan more efficient review. 16.16.680(C) Replacing wetland replacement ratio table with new one 12, 13, 14, 15 Wetland Mitigation based on new DOE classification system, as this table allows a greater combination of mitigation types. The ratios remain pretty much the same. 16.16.680(D) Limiting the Technical Administrator's ability to reduce N/A Wetland Mitigation buffers on replacement wetlands because it is not appropriate to require one person to have less buffer requirement than another just because they chose a more constrained site. If there is not enough room on a site for the full mitigation buffer, then they need to find additional mitigation in another location or go to the bank for the remaining area. 16.16.680(E)(3) Changing one of the criteria for reducing replacement 11, 12, 13 Wetland Mitigation ratios from "when meeting them would adversely affect other characteristics" to "when using the DOE guidance manual results in a lower mitigation ratio than the standard." Reducing the standard ratios should be based on the degree of impacts and whether functions are being replaced, not on the size of the mitigation site. If the ratios are too small, and functions are not being adequately replaced, the mitigation bank should be considered for the remainder of credits. 8.3 UPDATED BEST AVAILABLE SCIENCE REFERENCES The following documents were submitted by members of either the TAC or the CAC in support of their recommended amendments: 14 e:\exh c - bas report 2017, 2017-09-26 final.docx 490 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report Documents Specifically Relied On: 5 Marton, et al (2015). Geographically Isolated Wetlands are Important Biogeochemical Reactors on the Landscape. BioScience, Vol. 65 No. 42015, April 2015, pp 408 — 418. 9 Van Meter, Kimberly, and Nandita Basu (2015). Signatures of human impact: size distributions and spatial organization of wetlands in the Prairie Pothole landscape. Ecological Applications, 25(2), 2015, pp. 451-465. 10 WA Dept. of Ecology (2005). Wetlands in Washington State - Volume 1: A Synthesis of the Science. DOE Publication 05-06-006, March 2005. https: //fortress. wa.gov/ecy,/p u b I i ca t io n s/su m in a rypages/0506006. h tm i 11 WA Dept. of Ecology (2005). Wetlands in Washington State - Volume 2: Guidance for Protecting and Managing Wetlands. DOE Publication 05-06-008, April 2005. htt s: fortress.wa. ov ec ublications summar a es 0506008.htrnl 12 WA Dept. of Ecology (2008). Making Mitigation Work: The Report of the Mitigation that Works Forum. Ecology Publication No. 08-06-018, December 2008. https.-/Zfortress-wa.gov/ecy/oublications/documents==/` 0806 018.pdf 13 WA Dept. of Ecology (2013). Update on Wetland Buffers: The State of the Science. Ecology Publication #13-06-011, October 2013. http://www.ecy.wa.gov/program$jseajwetla ndslbas/B ufferLipdate. html 14 WA Dept. of Ecology (2014). Wetland Rating Form for Western Washington. https.//for_t_ress. wa: gov/ecV/p u b I i cation s/su m ma rypages/1406029. htm I 15 WA Dept. of Ecology (2014). Wetlands in Washington State Volume 2, Appendix 8-C.- Guidance on Widths of Buffers and Ratios for Compensatory Mitigation for Use with the Western Washington Wetland Rating System. Ecology Publication No. 05-06-008, 2014. https://fortress-wa.gov/ecv/oublications/parts/0506008j)artl.pdf 16 WA Dept. of Ecology (2015). Washington State Wetland Program Plan, 2015. Ecology Publication No. 14-06-005, March 2015. 77 Gibbs, J. P. (1993). Importance of small wetlands for the persistence of local populations of wetland -associated animals. Wetlands, 13, 25-31. 79 Richter, K. 0., & Azous, A. L. (1995). Amphibian occurrence and wetland characteristics in the Puget Sound Basin. Wetlands, 15(3), 305-312. 78 Raisin, G. W. (1996). The role of small wetlands in catchment management: Their effect on diffuse agricultural pollutants. Internationale Revue der Gesamten Hydrobiologie, 81(2), 213- 222. 80 Semlitsch, R. D., & Bodie, J. R. (1998). Are small isolated wetlands expendable? Conservation Biology, 12, 1129-1133. 83 Adamus, P. R. (2013). Wetland functions: not only about size. National Wetlands Newsletter, 35(5), 18-19. 82 Detenbeck, N. E. (2013). SLOSS (single large or several small) or not? Factoring wetland size into decisions for wetland conservation, enhancement, restoration, and creation. National Wetlands Newsletter, 35(5), 15-17. 81 Semlitsch, R., Anderson, T. L., Drake, D. L., Ousterhout, B. H., Peterman, W. E., & Shulse, C. D. (2013). Small, clustered wetlands promote amphibian persistence. National Wetlands Newsletter, 35(5), 20-21. 15 e:\exh c - bas report 2017, 2017-09-26 final.docx 491 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report Documents Reviewed But Not Specifically Relied On: 6 U.S. Army Corps of Engineers, WA State Dept. of Ecology, and WA State Dept. of Fish & Wildlife (2012). Interagency Regulatory Guide: Advance Permittee-Responsible Mitigation, Ecology Publication no. 12-06-015. December 2012. htt ps 11fortress.wa.gov/ecylp u b I icat io ns/s u m ma rypages11206015 . htm 7 U.S. Environmental Protection Agency. Connectivity of Streams & Wetlands to Downstream Waters: A Review & Synthesis of the Scientific Evidence. January 2016. http://ofmpub.epa.gov/eims/eimscomm.getfile?p download id=521415 8 U.S. Fish and Wildlife. National Wetland Inventory maps for the Puget Sound Region. htto:Ilwww.fws. govlwe tlands/ 9.1 EXISTING WHATCOM COUNTY POLICIES AND CODE PROVISIONS County policies concerning fish and wildlife Habitat Conservation Areas (HCAs) are contained in the Comprehensive Plan, Chapter 11— Environment. The Plan recognizes the importance of protecting threatened, endangered, and other listed species and habitat. The Plan also establishes specific policies aimed at: o Protecting and enhancing natural systems. • Maintaining riparian corridors and their vegetation. ■ Encouraging the use of soft armoring along shorelines. • Protecting water quality entering out streams, lakes, rivers, and marine environment. ■ Supporting the Salmon Recovery Board's efforts. HCA regulations are contained in WCC Chapter 16.16 (Critical Areas). WCC Chapter 16.16 designates HCAs as critical areas, classifies the types of HCAs, describes what activities are permitted near HCAs under certain conditions, provides standards and buffers for their protection (while allowing some modifications under certain circumstances), prescribes assessment procedures and standards, and provides appropriate mitigation methods. 9.2 SYNOPSIS OF RECOMMENDED AMENDMENTS While there are other changes embedded in the draft code that are self-explanatory, changes of note include: 16 e:\exh c - bas report 2017, 2017-09-26 final.docx 492 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 16.16.700 Amending the purpose statement to include "protect and N/A Purpose restore" as well as maintain fish and wildlife populations. The County Council has endorsed the WRIA 1 Salmonid Recovery Plan and is committed to implement actions under the plan as part of the Puget Sound Chinook Recovery Plan under the ESA. The goal of the plan is to restore self-sustaining salmon populations that result in de - listing and which will support a harvestable surplus. Current spring Chinook, bull trout, and steelhead populations are critically low. Most other salmonid populations, such as Lake Whatcom kokanee salmon and Lake Whatcom cutthroat trout are also depressed so "maintaining" a depressed population is not the purpose we should state. 16.16.710(B) Clarifying that while maps show known areas of HCAs, they Designation, Mapping, don't show the unknown areas, and thus applicants are still and Classification responsible for doing their own reconnaissance. 16.16.710(C)(1) Converting to the DNR stream classification system and Designation, Mapping, clarifying which types of streams are regulated. While what and Classification is regulated is not changing, there has been some confusion, especially regarding ditches vs. ditched streams so we're trying to make it more clear and consistent with DNR and WDFW criteria. N/A N/A 16.16.710(C)(2 - 5) Adopting the WDFW priority habitat and species lists in lieu 16, 23, 24 Designation, Mapping, of including the listed species and habitats (which change and Classification over time) in an appendix (which can't change without a code amendment as the lists change). PDS will keep a current list of those species and habitats found in Whatcom County on line and at the counter for customers' convenience. 16.16.710(C)(6) Combining commercial and recreational shellfish, Shellfish Designation, Mapping, Habitat Conservation Areas, kelp and eelgrass beds, and fish and Classification spawning grounds under the heading of "state listed saltwater critical areas, which they all are. 16.16.710(C)(7) Amending so that manmade or artificial ponds (not Designation, Mapping, including ag, fire, or stormwater ponds) are considered and Classification HCAs because there are a lot of older ponds that have naturalized and become important habitat. Ponds that derive their water from streams are no longer allowed to be created per WDFW and CAO regulations, thus any ponds created after 9/30/05 would be illegal. The date was chosen because 9/30/05 is 10 days after the Exec signed Ord 2005- 068, which contains the first instance of this section. Also added "fire protection" ponds as an exemption. N/A 17 e:\exh c - bas report 2017, 2017-09-26 final.docx 493 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report Section j limmendatind 16.16.710(C)(9) Adding Aquatic Reserves to the list of DNR protected N/A Designation, Mapping, aquatic environments. and Classification 16.16.710(C)(10) Updating the list of what parts of the San Juan Islands N/A Designation, Mapping, National Monument are within Whatcom County, and thus and Classification protected. 16.16.710(C)(11) Adding Frequently Flooded Areas that are subject to the 1,2 Designation, Mapping, Federal Emergency Management Agency's National Flood and Classification Insurance Program Biological Opinion (FEMA BiOp) so as to help implement the FEMA BiOp. 16.16.710(C)(12)(a) Deleting the list of Species of Local Importance, as no one 16, 23, 24 Designation, Mapping, knows where this list came from. The current list includes and Classification the dace and sucker, which are already on the WDFW priority species list, and thus are already protected, and the TAC questioned the inclusion of osprey and turkey vulture. In previous versions of the CAO the list was longer, but it appears that species were removed once they appeared on WDFW's PHS lists. Furthermore, without specific management plans different than what WDFW already recommends, staff can't impose any additional restrictions than what's already required by this Article. However, the listing criteria are maintained so that proponents may propose to add some in the future. 16.16.720(C) Updated the reference to the WDFW guidelines and added WAC 220- General Standards their current design standards for bridges these days to 660-190(4) ensure bridges don't get clogged with debris during floods. 16.16.720(G) Added reference to 303(d) impaired waterbodies (already a WAC 220- General Standards requirement, just not stated here), and the standard to 660-260(4) design outlets to exclude fish from entering a stormwater system, which is already required by WDFW for an HPA. 16.16.720(H) Added a reminder to give special scrutiny to certain Water N/A General Standards Resource Special Management Areas as per WCC 20.80.735 when clearing and grading. Also cross-referenced the DOE Stormwater Manual for BMPs. 16.16.720(1) For streambank stabilization and shoreline protection, N/A General Standards added that it needs to be designed to WDFW guidelines, which is already a requirement via the HPA. 16.16.720(J) Amending to allow trails only in the outer 25% (rather than 75 General Standards 50%) of an HCA buffer, per current WDFW guidelines. Also limiting private trails to 4 feet wide and public trails to 12 feet wide, which are the standard trail widths these days (was 30 feet, the width of a road). 16.16.720(K) Updating the standards for putting utilities into an HCA, N/A General Standards consistent with more current standards. 18 e:\exh c - bas report 2017, 2017-09-26 final.docx 494 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report Recornmendatio'., 16.16.720(N) Deleting the ability to install private launch ramps in HCAs, N/A General Standards as all lakes now have public access and no more new private launches should be permitted. 16.16.720(R) Continuing to allow the removal of beaver and their dams, 30, 31, 32, 33, General Standards but requiring that an analysis must be done first and the 68, 69, 70, 71 code met. Studies have shown that beaver works provide a lot of ecological benefit, including water quality, flood prevention, groundwater infiltration, etc., and this is borne out by the Best Available Science. Furthermore, there has been a Growth Management Hearings Board decision (GMHB 14-2-0009) regarding this matter, which says that the County should not just exempt beaver dams and rely on an HPA, but should do its own analysis of the effects of removal, which we in Whatcom County do require. Furthermore, state law (RCW 77.36.030) still authorizes the removal of wildlife (including beaver) that negatively impacts property. 16.16.720(T) Habitat Amending the submittal requirements for bald eagle Letter from Conservation Areas — permits on Eliza Island, since the state and federal WDFW General Standards designations and requirements have changed. 16.16.720(U) Habitat Adding a provision to allow phosphorus reducing BMP N/A Conservation Areas — structures approved and installed through the General Standards Homeowners' Improvement Program within the Lake Whatcom watershed to treat runoff from existing development to be permitted within the outer 50% percent of wetland buffers. 16.16.740(D)(4) Buffer Adding mitigation ratio for HCA buffer impacts. There was Developed by Standards no mitigation ratio specified, and applicants should know Natural what to expect. Resources staff 16.16.740(E)(7) Buffer Adding ability of Technical Administrator to require buffer N/A Standards enhancement where buffer has been reduced so as to provide a fully vegetated buffer, thus minimizing impacts and helping with no net loss. 16.16.750 Removing reporting exemption for development outside of N/A Review and Reporting buffers within upland portions of shellfish conservation Requirements areas, as it makes no sense given that development within the areas but outside their buffers could have impacts. 16.16.750(A) Removing reporting exemption for single family N/A Review and Reporting development of less than % acre, as clearing of a half -acre Requirements could have impacts and should go through and analysis and mitigation sequencing. 16.16.750(B) Review Adding language to better clarify what needs to be N/A and Reporting addressed in an HCA assessment report. Requirements 19 e:\exh c - bas report 2017, 2017-09-26 final.docx 495 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 16.16.760(B)(4) Clarifying that impacts and mitigation for HCA's should be Developed by Mitigation Standards considered on a smaller reach, scaled to the size of impacts Natural and offsetting mitigation. Loss of shade, large woody debris, Resources leaf litter, bank hardening, substrate manipulation, erosion, staff or sedimentation cannot be adequately offset at other locations; thus the need for increased mitigation for offsite activities. Also adding mitigation ratios for impacts to HCAs. The code didn't specify, and it is best that applicants know what might be expected. 16.16.760(B)(6) Changing the monitoring requirement for HCA's from a N/A Habitat Conservation case -by -case basis to a period of 5 years. Areas — Mitigation Standards 9.3 UPDATED BEST AVAILABLE SCIENCE REFERENCES 9.3.1 Maps and Data The following documents were submitted by members of either the TAC or the CAC in support of their recommended amendments: Documents Specifically Relied On:: 16 U.S. Fish and Wildlife Service. Critical Habitat Maps and List of Threatened and Endangered Species. http://criticalhabitat.fws.govl 23 WA Dept of Fish and Wildlife. Priority Habitats and Species (PHS) Database. http://wdfw.wa.gov/hab/phslist.htm 24 WA Dept of Natural Resources. Washington Natural Heritage Database. http://www.dnr.wa.gov/ResearchSciencelTopics/NaturalHeritae/Pages/amp nh.as_[Lx Documents Reviewed But Not Specifically Relied On: 17 Nelson, Regan (2007). Mapping Biodiversity in Whatcom County: Data & Methods, for the Whatcom Legacy Project. August 2007. 18 NOAA Fisheries. Critical habitat maps. http:jjwww,nrnfs.noaa.gov/pr/species/criticaIhabitat.htm 20 WA Dept of Ecology. Puget Sound Characterization Project. http://www,ecy.wa.gov/puget sound/characterization/ 21 WA Dept of Fish and Wildlife (2007). Local Habitat Assessment for Whatcom County. http://wdfw. wa.gov/conservation/habitat/pla n n i ng/l ha/wh atco m. h tm i 22 WA Dept of Fish and Wildlife (2015). High Resolution Change Detection Project - Land cover Change by Subbasin for Whatcom County. January 12, 2015. 25 Whatcom County Planning and Development Services (1994). Significant Wildlife Areas, Whatcom County. December 1994. 20 e:\exh c - bas report 2017, 2017-09-26 final.docx 496 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 9.3.2 Wildlife Corridors Documents Reviewed But Not Specifically Relied On: 26 Haddad, Nick, et al. (2000). On Experimentation and the Study of Corridors: Response to Beier and Noss. Conservation Biology, Vol 14, No. 5, October 2000, pp 1543 - 1545. 27 Noss, Reed and Paul Beier (2000). Arguing over the Little Things: Response to Haddad et al. Conservation Biology, Volume 14, No. 5, October 2000, pp 1546 -1548. 28 Rosenberg, Daniel, et al. (1995). Towards a Definition of Biological Corridor. International Wildlife Management Congress, 1995. 29 Rosenberg, Daniel, et al. (1997). Biological Corridors: Form, Function, and Efficacy. BioScience Vol. 47 No. 10, November 1997. 9.3.3 Beavers Documents Specifically Relied On:: 30 ECONorthwest (2011). The Economic Value of Beaver Ecosystem Services. October 2011. http://www.econw.com/media/ap files/ECONorthwest Publication Escalante-Beaver- Values 2011-10.pdf 31 Pollock, Michael, et al. (2014). Using Beaver Dams to Restore Incised Stream Ecosystems. BioScience XX, pp 1-12, March 26, 2014. 32 Pollock, Michael, et al. (Editors) 2015. The Beaver Restoration Guidebook: Working with Beaver to Restore Streams, Wetlands, and Floodplains. Version 1.02. United States Fish and Wildlife Service, Portland, Oregon. 189 pp. httr)://www.fws.eov/oreeonfwo/ToolsForLandowners/RiverScience/Beaver.aso 33 Walker, Brian, et al. An Innovative Solution for Water Storage and Increased Late Summer Flows in the Columbia River Basin. The Lands Council (no date but 2007 or later). http://www.ecy.wa.gov/profs amslwr/cwp/images/pdf/BeaverStudy.pdf 68 Growth Management Hearings Board of Western Washington (2009). WEAN v Island County, Final Decision & Order. Case No. 14-2-0009, June 24, 2015. 69 Island County Planning and Community Development (2005). Letter to the Island County Planning Commission from Assistant Director Jeff Tate, explaining their review of NRCS Best Management Practices constituting Best Available Science, dated August 30, 2005. 71 Thurston County Superior Court (2013). WEAN v Western Washington Growth Management Hearings Board, et al. Letter Opinion. Thurston County Cause No. 06-2-02026-7, April 2, 2013. 9.3.4 Fish Documents Reviewed But Not Specifically Relied On: 34 FEMA (2013). Floodplain Habitat Assessment and Mitigation: Regional Guidance for the Puget Sound Basin. August 2013. 35 Judge, Millie (2011). 2011 Implementation Status Assessment Report: A Qualitative Assessment of Implementation of the Puget Sound Chinook Salmon Recovery Plan. 2011. 36 Penttila, D. 2007. Marine Forage Fishes in Puget Sound. Puget Sound Nearshore Partnership Report No. 2007-03. Published by Seattle District, U.W. Army Corps of Engineers, Seattle, Washington. http://www.pugetsoundnearshore.org/technical papers/marine fish.pdf 21 e:\exh c - bas report 2017, 2017-09-26 final.docx 497 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 37 Small, Maureen, et al. (2005). Temporal and Spatial Genetic Structure among Some Pacific Herring Populations in Puget Sound and the Southern Strait of Georgia. Transactions of the American Fisheries Society 134:000-000, 2005. htti2://wdfw.wa.gov/publications/01079/ 38 WA Dept of Fish and Wildlife (2009). Land Use Planning for Salmon, Steelhead, and Trout. October 2009. http://wdfw.wa.gov/publicationslpub,php?id=00033 39 WA Dept of Fish and Wildlife (2014). 2012 Washington State Herring Stock Status Report. June 2014. htto://wdfw.wa.gov/publications10162$1 9.3.5 Nearshore Documents Reviewed But Not Specifically Relied On: 40 Brennan, J.S. 2007. Marine Riparian Vegetation Communities of Puget Sound. Puget Sound Nearshore Partnership Report No. 2007-02. Published by Seattle District, U.S. Army Corps of Engineers, Seattle, Washington. 41 Cereghino, P., J. Toft, C. Simenstad, E. Iverson, S. Campbell, C. Behrens, J. Burke. 2012. Strategies for nearshore protection and restoration in Puget Sound. Puget Sound Nearshore Report No. 2012-01. Published by Washington Department of Fish and Wildlife, Olympia, Washington, and the U.S. Army Corps of Engineers, Seattle, Washington. Available at www. p ugetso u nd ne a rshore. ong. 42 Clancy, M., I. Logan, J. Lowe, J. Johannessen, A. MacLennan, F.B. Van Cleve, J. Dillon, B. Lyons, R. Carman, P. Cereghino, B. Barnard, C. Tanner, D. Myers, R. Clark, J. White, C. A. Simenstad, M. Gilmer, and N. Chin. 2009. Management Measures for Protecting the Puget Sound Nearshore. Puget Sound Nearshore Ecosystem Restoration Project Report No. 2009-01. Published by Washington Department of Fish and Wildlife, Olympia, Washington. 43 Dethier, M. 2006. Native Shellfish in Nearshore Ecosystems of Puget Sound. Puget Sound Nearshore Partnership Report No. 2006-04. Published by Seattle District, U.S. Army Corps of Engineers, Seattle, Washington. 44 Finlayson, D. 2006. The geomorphology of Puget Sound beaches. Puget Sound Nearshore Partnership Report No. 2006-02. Published by Washington Sea Grant Program, University of Washington, Seattle, Washington. Available at http://pugetsoundnearshore.org. 45 Fresh, K.L. 2006. Juvenile Pacific Salmon in Puget Sound. Puget Sound Nearshore Partnership Report No. 2006-06. Published by Seattle District, U.S. Army Corps of Engineers, Seattle, Washington. Available at www.pugetsoundnearshore.or . 46 Fresh, K., C. Simenstad, J. Brennan, M. Dethier, G. Gelfenbaum, F. Goetz, M. Logsdon, D. Myers, T. Mumford, J. Newton, H. Shipman, C. Tanner. 2004. Guidance for protection and restoration of the nearshore ecosystems of Puget Sound. Puget Sound Nearshore Partnership Report No. 2004-02. Published by Washington Sea Grant Program, University of Washington, Seattle, Washington. Available at http:l/pugetsoundnearshore.org. 47 Fresh K., M. Dethier, C. Simenstad, M. Logsdon, H. Shipman, C. Tanner, T. Leschine, T. Mumford, G. Gelfenbaum, R. Shuman, J. Newton. 2011. Implications of Observed Anthropogenic Changes to the Nearshore Ecosystems in Puget Sound. Prepared for the Puget Sound Nearshore Ecosystem Restoration Project. Technical Report 2011-03. 48 Gelfenbaum, G., T. Mumford, J. Brennan, H. Case, M. Dethier, K. Fresh, F. Goetz, M. van Heeswijk, T.M., Leschine, M. Logsdon, D. Myers, J. Newton, H. Shipman, C.A. Simenstad, C. Tanner, and D. Woodson, 2006. Coastal Habitats in Puget Sound: A research plan in support of the Puget Sound Nearshore Partnership. Puget Sound Nearshore Partnership Report No. 2006- 1. Published by the U.S. Geological Survey, Seattle, Washington. Available at 22 e:\exh c - bas report 2017, 2017-09-26 final.docx 498 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report http://pugetsoundnearshore.org. 49 Gleason MG, S Newkirk, MS Merrifield, J Howard, R Cox, M Webb, J Koepcke, B Stranko, B Taylor, MW Beck, R Fuller, P Dye, D Vander Schaaf, J. Carter (2011). A Conservation Assessment of West Coast (USA) Estuaries. The Nature Conservancy, Arlington VA. 65pp. 50 Goetz, F., C. Tanner, C.S. Simenstad, K. Fresh, T. Mumford and M. Logsdon, 2004. Guiding restoration principles. Puget Sound Nearshore Partnership Report No. 2004-03. Published by Washington Sea Grant Program, University of Washington, Seattle,Washington. Available at http:ZZpugetso u nd nea rshore.o rg. 51 Greiner C.M. 2010. Principles for Strategic Conservation and Restoration. Puget Sound Nearshore Ecosystem Restoration Project Report No. 2010-01. Published by the Washington Department of Fish and Wildlife, Olympia, Washington and the U.S. Army Corps of Engineers, Seattle, WA. 52 Johannessen, J. and A. MacLennan (2007). Beaches and Bluffs of Puget Sound. Puget Sound Nearshore Partnership Report No. 2007-04. Published by Seattle District, U.S. Army Corps of Engineers, Seattle, Washington. 53 Kriete, B. 2007. Orcas in Puget Sound. Puget Sound Nearshore Partnership Report No. 2007- 01. Published by Seattle District, U.S. Army Corps of Engineers, Seattle, Washington. 54 Lanksbury, Jennifer, Laurie Niewolny, Andrea Carey, and James West (2014). Toxic Contaminants in Puget Sound's Nearshore Biota: A Large -Scale Synoptic Survey Using Transplanted Mussels (Mytilus trossulus). WDFW Report Number FPT 14-08. 55 Leschine, T. M., and A.W. Petersen. 2007. Valuing Puget Sound's Valued Ecosystem Components. Puget Sound Nearshore Partnership Report No. 2007-07. Published by Seattle District, U.S. Army Corps of Engineers, Seattle, Washington. Available at www. pugetso u n d n ea rs ho re.o. 56 Mumford, T.F. 2007. Kelp and Eelgrass in Puget Sound. Puget Sound Nearshore Partnership Report No. 2007-05. Published by Seattle District, U.S. Army Corps of Engineers, Seattle, Washington. 57 Schlenger, P., A. MacLennan, E. Iverson, K. Fresh, C. Tanner, B. Lyons, S. Todd, R. Carman, D. Myers, S. Campbell, and A. Wick. 2011. Strategic Needs Assessment: Analysis of Nearshore Ecosystem Process Degradation in Puget Sound. Prepared for the Puget Sound Nearshore Ecosystem Restoration Project. Technical Report 2011-02. Available at www. uetsoundnearshore.or. 58 Shipman, H. 2008. A Geomorphic Classification of Puget Sound Nearshore Landforms. Puget Sound Nearshore Partnership Report No. 2008-01. Published by Seattle District, U.S. Army Corps of Engineers, Seattle, Washington. 59 Simenstad, C.A., M. Ramirez, J. Burke, M. Logsdon, H. Shipman, C. Tanner, J. Toft, B. Craig, C. Davis, J. Fung, P. Bloch, K. Fresh, S. Campbell, D. Myers, E. Iverson, A. Bailey, P. Schlenger, C. Kiblinger, P. Myre, W. Gerstel, and A. MacLennan. 2011. Historical Change of Puget Sound Shorelines: Puget Sound Nearshore Ecosystem Project Change Analysis. Puget Sound Nearshore Report No. 2011-01. Published by Washington Department of Fish and Wildlife, Olympia, Washington, and U.S. Army Corps of Engineers, Seattle, Washington. 60 Van Cleve, F. B., C. Simenstad, F. Goetz, and T. Mumford, 2004. Application of "best available science" in ecosystem restoration: lessons learned from large-scale restoration eff orts in the USA. Puget Sound Nearshore Partnership Report No. 2004-01. Published by Washington Sea Grant Program, University of Washington, Seattle, Washington. Available at http://Pugetsoundnearshore.org 23 e:\exh c - bas report 2017, 2017-09-26 final.docx e Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 9.3.6 Miscellaneous D s Documents Specifically Relied On: 75 Barnard, R. J., J. Johnson, P. Brooks, K. M. Bates, B. Heiner, J. P. Klavas, D.C. Ponder, P.D. Smith, and P. D. Powers (2013), Water Crossings Design Guidelines, Washington Department of Fish and Wildlife, Olympia, Washington. http://wdfw.wa.gov/hab/ahg/culverts.htm Documents Reviewed But Not Specifically Relied On: 61 Bogan, Michael, Jason Hwan, and Stephanie Carlson (2015). High Aquatic Biodiversity in an Intermittent Coastal Headwater Stream at Golden Gate National Recreation Area, CA. Northwest Science, Vol. 89, No. 2, 2015. http_:I/www.researchgate.net/pubIication/281296456 62 Brown, Melissa, Michael Maudlin, and Jim Hansen (2005). Nooksack River Estuary Habitat Assessment. Lummi Nation Natural Resources Division, Report for the Salmon Recovery Funding Board; IAC #01-1340N. http://Innr.lummi- nsn.gov/LummiWebsite/userfile5/10 Lummi%20Nation%2ONooksack%2ORiver%2OEstuar_V OHabitat%2OAssessment. pdf 63 U.S. Environmental Protection Agency (2015). Connectivity of Streams & Wetlands to Downstream Waters: A Review & Synthesis of the Scientific Evidence. U.S. Environmental Protection Agency, Washington, DC, EPA/600/R-14/475F, 2015. 64 WA Dept of Fish and Wildlife. Landscape Planning for Washington's Wildlife: Managing for Biodiversity in Developing Areas. December 2009. http:l/www.wdfw.wa.gov/publications/00023/wdfw00023.pdf 76 Gaines, William L.; Singleton, Peter H.; Ross, Roger C. 2003. Assessing the cumulative effects of linear recreation routes on wildlife habitats on the Okanogan and Wenatchee National Forests. Gen. Tech. Rep. PNW-GTR-586. Portland, OR: U.S. Department of Agriculture, Forest Service, Pacific Northwest Research Station. 79 p. 10.1 EXISTING WHATCOM COUNTY POLICIES AND CODE PROVISIONS County policies regarding the protection of the agricultural sector and the environment are contained in the Comprehensive Plan, Chapter 11. These policies aim to harmonize what some see as conflicting goals. Historically, agricultural uses have drastically altered the natural landscape, and some continue to pose certain problems if not managed properly. However, in Whatcom County, both hold great value to our citizens; thus, the County continues to seek solutions to promoting agriculture while minimizing environmental impacts. ■ Ensure that resource industries (such as agriculture) minimize erosion and sedimentation and significantly reduce pollutants. • Require landowners to protect surface water quality. • Allocate water sufficiently for fish, agricultural (and other commercial) uses, and domestic use. • Protect property rights. 24 e:\exh c - bas report 2017, 2017-09-26 final.docx 500 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report One strategy the County developed early on was to allow the standard critical area requirements be modified for ongoing agricultural uses so long as the farm operators acted as good stewards and used farming Best Management Practices, which are memorialized in a conservation farm plan. This strategy is embodied in the Conservation Program on Agriculture Lands (CPAL) program of the Critical Areas Ordinance. 10.2 SYNOPSIS OF RECOMMENDED AMENDMENTS Up to this point the CPAL provisions were found in two places: Section 16.16.290 and Appendix A of the CAO. However, there was concern about having what appeared to be regulations in an appendix, so these two sections have been combined and moved to a new Article 8. In general, many of the amendments pertain to correcting grammar, updating references to other documents or laws, clarifying procedures, etc. These minor or self-explanatory changes are explained in the comments embedded the draft code (Exhibit A). But while new sections have been created, and a few subsections moved to sections they seemed to fit into better, there really aren't many substantive changes proposed. Changes of note include: Recommendation Associated 16.16.800 Updating the purpose statement to explicitly state the BAS N/A Purpose purpose of the program, and what is expected in exchange for having flexible standards. 16.16.814 Exemptions Adding exemptions to the CPAL program for landowners who 72 do not exceed a ratio of 1 animal unit per 3 grazable acres and avoid a direct discharge of sediment or fecal matter to surface waters, and for participants in youth agriculture education programs. 16.16.820 Classification Renaming farm operation types from low, moderate, and high N/A and Applicability impact to Type 1, 2, and 3 to avoid value -laden words. 16.16.820(D)(1)(a) Adding a clarifying sentence that "Row and berry crops do not N/A Classification and qualify as low intensity." Though this type of agriculture Applicability already falls within the moderate intensity by its definition, it was felt that it would be best just to clarify. 16.16.820(D)(1)(c) Adding the ability for a Type 1 operation to do a custom (Type N/A Classification and 2) plan if they so desired. Though it may take more work to Applicability develop, a custom plan done through the Whatcom Conservation District would allow an operator to use prescribed grazing of the vegetative filter strips. Otherwise they may get overgrown with invasive species (e.g., blackberries) which don't provide the filtering action that herbaceous plants do. 25 e:\exh c - bas report 2017, 2017-09-26 final.docx 501 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 16.16.830(B)(2) Deleting the small (incomplete) list of what one must ensure N/A Conservation Farm when building a new structure. Even under CPAL all new Plans — General structures must be constructed in compliance with the Standards applicable standard requirements of this chapter and the Whatcom County Code, and are thus addressed by other section. 16.16.830(B)(3) Adding a paragraph that explicitly states that a new or N/A Conservation Farm expanded drainage system cannot be added via CPAL. This was Plans — General already the case, but should be explicit. Standards 16.16.830(B(4) Adding a sentence that explicitly states that undeveloped land N/A Conservation Farm cannot be converted to agricultural uses via CPAL. This was Plans — General already the case, but should be explicit. Standards 16.16.830(C) Allowing plans prepared for compliance with state or federal Conservation Farm regulations (e.g., nutrient management plans), or to obtain an Plans —General accredited private third -party certification (e.g., Standards GLOBALG.A.P.), or similar plans to be used as part of or in lieu of a Conservation Farm Plan if the Technical Administrator determines they adequately address the requirements of this Title. 16.16.840(A)(5) Regarding the requirement to retaining native vegetation in N/A Conservation Farm Plan critical areas and their buffers, the phrase "to the extent Requirements practicable" is proposed to be stricken because the definition of ongoing ag says that no new area will be converted. 16.16.840(A)(7) Adding "fertilizers other than manure" to the list of issues that N/A Conservation Farm Plan must be addressed in a Conservation Farm Plan. Requirements 16.16.850(B) Tabularized the list of who can prepare what type of farm N/A Preparation and plan. Approval of Conservation Farm Plans 16.16.850(C) Incorporated PDS Policy PL2-85-001C into the code. N/A Preparation and Approval of Conservation Farm Plans 16.16.860(A) Incorporated PDS Policy PL1-85-003Z into the code. N/A Monitoring and Compliance 26 e:\exh c - bas report 2017, 2017-09-26 final.docx 502 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report K ,�r 16.16.860(B) Adding language that a planning advisor shall withdraw N/A Monitoring and representation if they find "an imminent threat to public Compliance health or significant pollution with major consequences occurring as a result of the agricultural operations." GBoggs stated that the WCD will not report violations, as it must strictly guard its reputation for confidentiality; otherwise, no one would invite them onto their farms and participate in the program. However, they are not obligated to continue to represent the farmer. 16.16.860(C) Incorporating text from PDS Policy PL1-85-003Z into the code. N/A Monitoring and Compliance 16.16.860(D)(3) Incorporating text from PDS Policy PL1-85-003Z into the code. N/A Monitoring and Also adding 16.16.860(D)(3)(c), as we want to make sure that Compliance if a farm changes from a pasture to a field crop or a field crop to a dairy, for example, it's clear that a new farm plan is needed. 16.16.860(D)(4) Add text to the list of conditions under which a conservation N/A Monitoring and farm plan is no longer considered valid and a new one must be Compliance prepared. 16.16.860(E) Incorporating text from PDS Policy PL1-85-003Z into the code. N/A Monitoring and Compliance 16.16.870 Requiring PDS to make available a list of which farms have N/A Limited Public approved conservation farm plans and the date of their Disclosure approval. 10.3 UPDATED BEST AVAILABLE SCIENCE REFERENCES The following documents were submitted by members of either the TAC or the CAC in support of their recommended amendments: iment Documents Reviewed But Not Specifically Relied On: 66 Bentrup, G. (2008). Conservation buffers: design guidelines for buffers, corridors, and greenways. Gen. Tech. Rep. SRS-109. Asheville, NC: Department of Agriculture, Forest Service, Southern Research Station. 110 p. 72 U.S. Department of Agriculture, Natural Resources Conservation Service. Field Office Technical Guide (FOTG). http://www.nres.usda.gov/wr)slportal/nres/main/national/technical/fotg/ 73 U.S. Environmental Protection Agency (2004). Risk Assessment Evaluation for Concentrated Animal Feeding Operations. EPA/600/R-04/042, May, 2004. 74 Washington Department of Commerce, Growth Management Services (2005). Letter from Leonard Bauer to Phil Bakke regarding Agricultural uses in Island County and Memorandum on use of NRCS BMPs to Protect Critical Areas, dated November 14, 2005. 27 e:\exh c - bas report 2017, 2017-09-26 final.docx 503 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 11.1 SYNOPSIS OF RECOMMENDED AMENDMENTS As with other articles, most of the changes have to do with clarifications, incorporation of standard practices, and updated references. These minor or self-explanatory changes are explained in the comments of the draft code (Exhibit A). Changes of note include: Throughout Renumbering this Article from 8 to 9, as we added a new Article 8. 16.16.900 Adding definition of "Bankfull width" from WAC 222-16-010 16.16.900 Amending definition of "critical facilities" to keep maximum occupancy of uses under 500 and to exclude cell towers from the definition (needed if an emergency occurs). 16.16.900 Adding definition of "Cumulative Impact," paraphrased from WAC 173-26-186(8)(d) of the Shoreline Management Act. 16.16.900 Adding definitions of "Designated Species, Federal" "Designated Species, State," pertaining to federal and state listed species. 16.16.900 Amending definition of "drainage ditch" to try to clear up the public confusion between ditches and streams. 16.16.900 Amending definition of "geologically hazardous areas" to make consistent with the GMA definition in RCW 36.70A.030(9). 16.16.900 Adding definition of "habitats of local importance" from WAC 365-190-030. 16.16.900 Amending definition of "high intensity land use" to include Class IV Special forest practices (conversion of forest to development). 16.16.900 Amending definition of "hydric soil" by changing the reference to that used by everyone these days. 16.16.900 Adding definition of "Maximum Credible Event," a term used in the geohazards section. 16.16.900 Amending definition of "moderate intensity land use" to exclude nurseries and logging roads, both of which the TAC believe should be in the high intensity land use category. 16.16.900 Amending definition of "Planning Advisor" (rather than qualified PA). Used in the CPAL section, "qualified" is not used in the text so it was hard to find in the definitions. 16.16.900 Adding definition of "Prior Converted Croplands" 16.16.900 Amending definition of "qualified professional" to increase the years of professional experience needed for wetland biologist from 3 to 5 years, and to exclude those consultants who've had their certification revoked. 16.16.900 Amending definitions of "reestablishment," "rehabilitation," and "restoration" to make consistent with USACE definitions. 16.16.900 Adding definition of "species of local importance" from WAC 365-190-030. 16.16.900 Adding definition of "Stormwater Manual," referred to throughout as a source for Best Management Practices. 16.16.900 Adding definition of "Waters of the State" from RCW 90.56.010(26). 28 e:\exh c - bas report 2017, 2017-09-26 final.docx 504 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 11.2 UPDATED BEST AVAILABLE SCIENCE REFERENCES Not applicable. 12.1 APPENDIX A: CONSERVATION PROGRAM ON AGRICULTURE LANDS Being deleted, though incorporating the requirements into new Article 8. 12.2 APPENDIX B: NOTIFICATION EXAMPLE Being deleted, as such details ought not to be in code, but rather delegated to the Director of Planning and Development Services to develop and maintain. 12.3 APPENDIX C: NATIVE GROWTH PROTECTION EASEMENT SIGN INSTALLATION GUIDELINES Being deleted, as such details ought not to be in code, but delegated to the Director of Planning and Development Services to develop and maintain. 12.4 APPENDIX D: SPECIAL STATUS FISH AND WILDLIFE SPECIES PROTECTED PURSUANT TO ARTICLE 7 OF THIS CHAPTER Being deleted, as such a list ought not to be in code given that they change over time. Article 7 (Habitat Conservation Areas) now adopts the state and federal lists and delegates authority to the Director of Planning and Development Services to maintain such lists for ease of public use. 12.5 APPENDIX E (NOW B): LOCALLY IMPORTANT HABITAT DESIGNATIONS — MARINE SHORELINES AND CHUCKANUT WILDLIFE CORRIDOR Being deleted, though giving authority to PDS to publish this map. The map's data isn't proposed for amendments, though the format has been updated. There are several follow-up actions that either the TAC or the CAC suggested be taken. Many are administrative actions that Planning and Development Services can advance on its own. However, some are larger potential projects that would need Council directive and/or budgetary support. 13.1 ADMINISTRATIVE FOLLOW-UP ACTIONS: 1. Add a better disclaimer to our Critical Area maps, saying they are based on best available information at the time that they were produced, that they may not be precisely accurate, and that not showing something does not eliminate the need for individual site review. 2. Rescind PDS policies that were incorporated code (PL1-85-002Z, PL1-85-003Z, and PL2-85-001C). 29 e:\exh c - bas report 2017, 2017-09-26 final.docx 505 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 3. Develop protected species and priority habitat lists for the public (for the counter and website) based on state and federal agencies' lists and periodically update. 4. Update the geohazard map: a. So that the classes of hazards shown on it reflect those of the updated code b. Add areas that are identified as underlain by liquefiable soils and due to local topography are also subject to or interpreted as being potentially impacted by lateral spreading c. Areas located within 500 feet of Quaternary fault zones with surface offsets d. Add lahar inundation zones e. map tsunami hazard areas north of Sandy Point (e.g., Birch Bay, Pt. Roberts, etc.) as the DNR maps don't include them 5. Update the Habitat Conservation Areas map a. Show Stewart Mountain as part of the Chuckanut wildlife corridor (it is already included via the text of the Critical Areas Ordinance; it's just not shown on the map properly). b. Add more recent data from state and federal agencies regarding protected species and priority habitat. 6. Update the Wetlands Map. With each new delineation the map should be updated to show previously unknown wetlands and remove any wetlands filled. Require applicants to submit electronic versions of delineations that can easily be added to the GIS system. 13.2 FOLLOW-UP ACTIONS THAT WOULD NEED COUNCIL SUPPORT: 7, In -Lieu Mitigation Fee Program. Explore and potentially implement an in -lieu mitigation fee program, which would allow applicants causing minor, unavoidable impacts that cannot be mitigated otherwise (after pursing the mitigation sequencing in 16.16.260(A)) ((e.g., for exempt activities, cumulative impacts, etc.) to pay into a fund that the County would use to purchase and protect critical areas in priority locations. Coincidently, some of the local jurisdictions (Bellingham, Ferndale) are also exploring this strategy, and a multi -jurisdictional working group has been convened to explore it. 8. Geohazards Mapping, Risk Analysis and Emergency Planning. In the near future we are expecting new LiDar data for much of the County (that the County is helping fund), which will be useful for several geohazard actions. First, it will help better delineating lahar inundation zones. This would allow the County to develop travel time zones and formal emergency management and evacuation plans, which could potentially allow the County to permit more, or more types of, development within certain areas of the lahar inundation zones (i.e., Glacier) while still protecting the public health, safety, and welfare. It can also be used to update the alluvial fan and landslide inventory GIS layers, to map potentially unstable landforms, and to develop landslide susceptibility maps; updated maps can be administratively adopted under 16.16.310.B. The new mapping will support landslide runout models to help delineate landslide runout hazard zones where risk to current or future development may not be well defined. 30 e:\exh c - bas report 2017, 2017-09-26 final.docx 506 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 9. Hazards Geospatial Database. Fund and develop an internal process and resources to systematically update and maintain the hazards geospatial database, train staff on its use, and make the information available to the public via the internet will be needed. 10. landscape -Based Planning. Develop a watershed/landscape-based planning system. The watershed/landscape-based approach to community planning involves consideration of air, land and water and living organisms — including humans — as well as the interactions among them to achieve integrated outcomes. In its simplest expression a watershed/landscape-based approach to community planning is aimed at the: • Protection of people and property from natural hazards. • Preservation and conservation of self-sustaining ecosystems. ■ Continuation and growth of resource based economic activity. • Provision of an affordable, sustainable and maintainable infrastructure. This approach involves decision -making that: m Uses science -based, local, and cultural knowledge about the relationships among physical, biological and human processes. • Applies precautionary and risk avoidance principles to growth management and day to day human activity decisions which affect environmental health, ecosystems and resource production capability. • Clearly defines expected outcomes with reference to a realistic and reasonable understanding of what can be achieved efficiently and effectively in different development settings and timeframes. • Is based on careful and thorough assessments of the distribution of costs and benefits of planning and regulatory goals, objectives, policies, and programs. • Promotes the fair and equitable use of voluntary, regulatory, incentive, and public investment approaches to the achievement of public and private interests. Yet it goes beyond this set of objectives and looks for triple bottom line social, economic, and environmental outcomes. In many respects, this is "what municipal planners already do." In other respects the approach builds on lessons learned from past and more recent practice with respect to the need to integrate environmental, social, and economic considerations throughout the planning and implementation process. As a result it is more comprehensive, and it focuses on effective and efficient integration and performance. It starts with an assessment of community social, economic, and environmental interests, moves step-by-step through a set of "external influences" and "on the ground" considerations and ends with an integrated community development plan and implementation strategy. 11. Better Critical Areas Monitoring. Develop a better critical areas monitoring system. Members of both the TAC and the CAC bemoaned the fact that Whatcom County does not have a robust, long-term monitoring program in place. While the rules are set up to achieve no net loss of ecological functions, services, and values, everyone has a tale of an incident where it appeared that this wasn't the case, or a "feeling" that we're not meeting that goal. And while PDS does monitor mitigation sites for 5 years, none of the data is accumulated in one place or report. 31 e:\exh c - bas report 2017, 2017-09-26 final.docx 507 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report Thus, the committees suggest that the County develop a formal monitoring program, with a periodic report presented to the Council (and public). It should be noted that such a robust monitoring program is not a requirement. A search of the RCWs and WACs produced only one result, which was: WAC 365-195-905 Criteria for determining which information is the "best available science." (6) Counties and cities are encouraged to monitor and evaluate their efforts in critical areas protection and incorporate new scientific information, as it becomes available. Likewise, a search for Growth Management Hearings Board cases resulted in zero results (though there were several that referred to monitoring, none imposed a requirement). Critical Areas monitoring reports have only been produced by two jurisdictions: King County and Snohomish County. Both were one-time, though multi -year, studies funded through grants. 12. Mitigation Bank(s). Develop one or more County -sponsored mitigation banks, possibly in cooperation with other local jurisdictions. Currently there is only one mitigation bank in Whatcom County, owned and operated by the Lummi Nation. However, committee members noted how expensive credits are through this bank, and recommend that the County investigate and potentially start its own so as to introduce competition and potentially lower the cost per credit. 13. Develop an Annual CPAL Report. Given that conservation farm plans are, for the most part, not subject to public disclosure, there was concern from some committee members that it's hard for the public to know whether CPAL is actually working like it's supposed to. PDS is able to glean certain data from the farm plans for use in bulk analysis and reporting, but this has not been done. It was suggested that PDS start doing so, and present an annual report to the Council so that the public can determine the programs efficacy. 14. Conservation Farm Plan Training. It was suggested that Whatcom County should offer training on preparing a Type 1 Conservation Farm Plan so that other consultants can qualify. It wouldn't make them Planning Advisors able to do Type 2 or 3 Conservation Farm Plans, but would spur competition. 15. Channel Migration Zones. Determine boundaries of and formally adopt Channel Migration Zones on the County's major waterways. Doing so would alert property owners to potential risks, as well as assist in floodplain and ESA -listed species management. 16. Update Landslide Hazard Classification System. Section 16.16.310.C.1 contains descriptors for some landslide types and hazard areas. These can be useful when conveying general indicators of past or potential slope instability to the lay audience. However, once the updated landslide mapping is available (see item 8), adoption of a standard landslide classification system that is well established in the scientific and engineering communities would create a common framework for describing landslide hazards and risks in a structured, reproducible, and defensible manner. Such as system will be used by Washington State Department of Natural Resources to update landslide maps in Whatcom County and elsewhere in Washington and is 32 e:\exh c - bas report 2017, 2017-09-26 final.docx 508 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report incorporated into changes to the Washington Forest Practices Board Manual. Use of a standard classification for landslide hazards is administratively very similar to how the wetlands rating system contained in 16.16.610.D is used. 17. Publicly Adopt Geohazard Acceptable Levels of Risk. An ongoing challenge for staff administrating the geological hazards section of the CAO is defining an acceptable level of risk. Updated and new geological data will better define hazards (e.g. the potential for an event) and risks (e.g. consequences if an event happens) but cannot answer the policy question of whether that risk is acceptable. Other jurisdictions nationally and internationally have adopted risk guidelines; such a system could be evaluated for local adaptation, adoption, and use. 33 e:\exh c - bas report 2017, 2017-09-26 final.docx 509 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report e:\exh c - bas report 2017, 2017-09-26 final.docx 34 510