Loading...
HomeMy WebLinkAboutPacket Oct 24 2017WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 068 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: O,•iginator: Various See "Summary" Below Division Head: Dept. Head: PtOsecutoi-: Purchasing/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 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.) Council Reporting 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. WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-296 CLEARANCES Initial Datq Date Received in Council Office Agenda Date Assigned to: 10/10/17 Intro Originator: I� j (�_h, ; �(,� Division Head: 10124117 Finance Committee; OCT 03 2017 Council Dept. Head: H AT C O M COUNTY Prosecutor: '°v7' I ®I Purchasing/Budget: Executive: el' 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 apublic 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 FIE 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. 10/10/2017: Introduced 7-0 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 11 Fund 29,427 29,427 Equipment Rental and Revolving Fund 63,000 63,000 Total Supplemental 1,229,376 (383,7j9 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 , 2017. ATTEST: Dana Brown -Davis, Council Clerk POVED AS TO 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 3 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 E Supplemental Budget Request Status: Pending Health Human Services s�dl�l>1lr # 2406 Fund 1 Cost Center 673800 Originator. Patty Proctor Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Developmental Disability Amendment increase X q l7 Departmen Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4334,0468 Developmental Disabilit 6610 Contractual Services ($78,355) $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 DID 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 5 Supplemental Budget Request Status: Pending Health Administration Supp'l ID # 2424 Fund 1 Expenditure Type: Ongoing Cost Center 609900 Originator. Patty Proctor Year 1 2017 Add'I FTE V Add'I Space ❑ Priority 1 Name of Request: Clerk Supervisor �7 Departmen 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 0 Supplemental Budget Request Status: Pending Health Administration Supp7 lD # 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: Apt Suppl Regular 7 Supplemental Budget Request Slatus: Pending Health Administration Supp9 1D It 2425 Fund 1 Cost Center 609900 Originator. Patty Proctor Expenditure Type: One -Time Year 1 2017 Add'I FTE V Add'I Space ❑ Priority 1 Name of Request: Account Clerk 111 X q/ 6//7 Departurrtlead Signature (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 1a. 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• Rpt Suppl Regular i Supplemental Budget Request Health Administration Status: Pending Supp7 to # 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 Apt: Rpt Suppl Regular 9 Supplemental Budget Request Status: Pending Health Communicable Disease & Epidemiology L tph't !U � --2 �28 Fund 1 Cost Center 660525 Originator: Patty Proctor Expenditure Type: One -Time Year 1 2017 Add'I FTE 9/1 Add'I Space ❑ Priority Name of Request: Foundational Public Health Departme ead Signature quired on Hard Copy Submission) Date Costs Object Object Description Amount Requested 4336.0425 FPHS Grant ($29497) 6110 Regular Salaries & Wages $17,248 6210 Retirement $2,060 6230 Social Security $1,320 -- --- 6245 Medical Insurance i $3,705 j 6255 Other H&W Benefits $476 6259 Worker's Comp-Interfund - ._.. $182 —1 6269 Unemployment Interfund $23 L _ Request Total ($4,483)--i 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 LLtt Rpt: Rpt Suppl Regular Supplemental Budget Request Status: Pending Health Communicable Disease & Epidemiology Supp7 io # 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 11 Supplemental Budget Request Status: Pending Health Human Services [Supp'104-2429 Fund 1 Cost Center 677360 Originator. Patty Proctor Expenditure Type: One -Time Year 1 2017 Name of Request: CPWI Opiate STR Add'I FTE ❑ Add'I Space ❑ Priority Departme t Head Signature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 4333.9378 STIR ($44,372) 6610 Contractual Services $40,000 Request Total ($4,372) 1a. 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 Rpt. Rpt Suppl Regular 12 Supplemental Budget Request Status: Pending Health Human Services S«PP7 /DTI 2429J 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: Apt Suppl Regular 13 Supplemental Budget Request status: Pending Non -Departmental SupplID # 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 17-111 Department Head Signat #e (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested:': 8351 Operating Transfer Out $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. 1 b. 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 14 Supplemental Budget Request Status: Pending Non -Departmental Supp7 rD # 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 15 Supplemental Budget Request Status: Pending Non -Departmental Supp7 ID # 2451 Fund 1 Cost Center 4075 Originator. M Caldwell Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Transfers to fund additional 2017 wage adjustments Department Head Signat a (Required on Hard Copy Submission) l Date Costs: Object Object Description Amount Requested 6110 Regular Salaries & Wages ($137,776) 6110 Regular Salaries & Wages ($22,149) Request Total ($159,925) 1a. 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 16 WHATCOM COUNTY P��oM moo` EXECUTIVE'S OFFICE County Courthouse W 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 9sy,N�c° 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 17 Supplemental Budget Request Non -Departmental Status: Pending Supp9 ro # 2458 Fund 1 Cost Center 4284 Originator: Suzanne Mildner Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'1 Space ❑ Priority 1 Name of Request: What -Comm E911 Operations 2017-18 1 X Department He d Signatur uired on Hard Copy Submission) Date Costs: Object Object Description 4334.0182 State Enhanced 911 Funds 7220 Intergov Subsidies Request Total Amount Requested ($45,100) $45,100 $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 18 Rpt: Rpt Suppl Regular WHATCOM COUNTY ® gGOM CO EXECUTIVE'S OFFICE `tip County Courthouse 311 Grand Avenue, Suite #108 � o Bellingham, WA 98225-4082 MEMORANDUM To: Whatcom County Executive Jack Louws and Whatcom County Council Members From: Suzanne Mildner, Grant Coordinator Jack Louws County Executive Subject: Supplemental Budget Request for E911 funding (Pass through Grant to What -Comm) Date: 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 19 Supplemental Budget Request Status: Pending Non -Departmental Supp'10 ;4 2458 Fund 1 Cost Center 4284 Originator. Suzanne Mildner Expenditure Type: One -Time Year 1 2017 Add-1 FTE ❑ Add'1 Space ❑ Priority 1 Name of Request. What -Comm E911 Operations 2017-18 1 1 a. 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 20 Supplemental Budget Request status: Pending Parks & Recreation j sr.r,�l�'i t 243- j Fund 1 Cost Center 6003 Originator: Christ Thomsen Expenditure Type: One -Time Year 1 2017 Add'I FTE I Add'I Space L Priority 1 Name of Request: 899 utilitys,iservice body upgrade X--- - - ---------- — -- --- — __ -- / -- Depa 'nt H i nature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested - -- _ _:. 8351 Operating Transfer Out $13 000 L Request Total 1 $131000 -- -- _. - - - - 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. 1b. 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 Rpt: Rpt Supp! Regular 21 Supplemental Budget Request Status: Pending Parks & Recreation 13-up p"l r r $1, 21433 1 Fund 1 Cost Center 6003 Originator: Christ Thomsen Operations Manager. 5a. Other Departments/Agencies: 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. !Name the person in charge of implementation and what they are responsible for: Not applicable 6. Funding Source: General fund Wednesday, September 27, 2017 22 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'1 Space ❑ Priority 1 Name of Request: Correction of 2017 wage/benefit settlement error . I 1 -0, C? /Z 1 /;_7 Q Department Head Signature ( quired on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6110 Regular Salaries & Wages $22,149 Request Total $22,149 -- la. Description of request: Companion supplemental to Non Departmental ID # 2451. This adds $22,149 to the Prosecuting Attorney budget to correct a calculation error in the difference between the original personnel costs recorded during biennial budget preparation and the revised amount due to wage and benefit settlements. 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: Thursday, September 28, 2017 Rpt: Rpt Suppl Regular 23 Supplemental Budget Request status. Pending Sheriff Administration Suppl ID # 2453 Fund 1 Cost Center Originator. M Caldwell Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Trf in of budget authority for Guild medical incr Department Head Signat; (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 6245 Medical Insurance $137,776 Request Total $137,776 1 a. 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. 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: Transfer in from Non -Departmental wage & benefit reserve (General Fund) Thursday, September 28, 2017 Rpt: Rpt Suppl Regular 24 Supplemental Budget Request Status: Pending Public Works Administration upp'11D P, 2455 Fund 108 Cost Center 10890 Originator. M CaldweW P Rice Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Road Trf out to support Land Records Mgmt Systems i Department Head 4nature (Required on Hard Copy Submission) Date Costs: Object Object Description Amount Requested 8351 Operating Transfer Out $176,094 Request Total $176,094 la. 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 Rpr. Rpt Suppl Regular 25 Supplemental Budget Request Status: Pending Health Human Services Supp7 ID t_ 2397 1, 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: Object Object Description Amount Requested _. F4333.1423 Emergency Solutions ($186,465) 6610 Contractual Services $172,653 Request Total ($13,812) j 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 Rpt• Rpt Supp! Regular 26 WHATCOM COUNTY EXECUTIVE'S OFFICE County Courthouse 311 Grand Avenue, Suite #108 Bellingham, WA 98225-4082 MEMORANDUM cGOM CO �9SH1 NG10 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 Trend, 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 27 Supplemental Budget Request Status: Pending Non -Departmental Supp'llD # 2316 Fund 130 Cost Center 130100 Originator. Tawni Helms Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request. Electronic Patient Care Reporting - ePCR P to/,2411 Department Head Signa tire (Req fired on Hard Copy Submission) Date Costs: !: Object 6610 Request Total la. Description of request. Object Description Contractual Services Amount Requested $150,000 $150,000 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 supp7 lD # 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 29 WHATCOM COUNTY PUBLIC WORKS DEPT. )on Hutchings DIRECTOR 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. whatcomcounty. 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 REST 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 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. 30 WHATCOM COUNTY OM COSTORMWA TER - NPDES PUBLIC WORKS DEPT. �P� vy 322 N, Commercial Street, Suite 210 Bellingham, WA 98225-4042 Stormwater: (360) 778-6210 S Oil HUtCltln �y ,. FAX: (360) 778-6201 g psN�M�S� NPDES: (360) 778-6299 DIRECTOR FAX: (360) 778-6211 ww�y_,wh�at<rarrlc«ur pry, �.is MEMORANDUM 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 11. • 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 11 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 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. 31 Supplemental Budget Request Status: Pending Public Works Stormwater Sul .)�l n) � � 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: [ Object Object Description Amount Requested 8351 Operating Transfer Out $29,427 Request Total $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 11 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 If 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 REET 11 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 11 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 32 Supplemental Budget Request Public Works Stormwater Status: Pending 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 33 WHATCOM COUNTY EQUIPMENT SERVICES DIVISION PUBLIC WORKS DEPARTMENT GpM co P� �y 901 W. Smith Road JON HUTCHINGS ` Bellingham, WA 98226-9610 Director Phone (360) 676-6759 Fax (360) 380-8115 �q`SHING�G[, Eric L. Schlehuber, Division Manager To: The Honorable Jack Louws, County Executive SEP 2 5 2017 Through: Jon Hutchings, PW Director / JACI� LCUWS "� COUNTY EXECUTIVE From: Eric Schlehuber, Equipment Services Manage 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 34 Supplemental Budget Request Status: Pending Public Works Equipment Services Suppl ID # 2432 Fund 501 Cost Center 501100 Originator. Eric Schlehuber Expenditure Type: One -Time Year 1 2017 Add'll FTE ❑ Add'll Space ❑ 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• Rot Suppl Regular 35 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 36 W N G1 L O L SIK I0 G C � � 3 w LL m 37 Supplemental Budget Request Public Works Equipment Services Status: Pending Supp"' /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 7410 Equipment -Capital Outlay 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: Amount Requested $13,000 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 38 WAATfnH f.n1INTV CnII1VCTL AGENDA BILL NO. 2017-298 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator:1 � � �' ' �� L -�' �-� �.. �,� � 10/10/17 Introduction Division Head: 10/24/17 Finance Council Dept. Head: a,y 3 1 Prosecutor: Purchasing/Budget: (Jyp ryA ggNG {{ Executive: C) 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 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.) 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.• 10/10/2017: 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. 39 WHATCOM COUNTY `0 C'0 ADMINISTRATIVE SERVICES 0�' 9SN(N�� 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 982.25-4038 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. W 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 APPROVED AS T ORM: Civil Deputy rosecutor 2017. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Chair of the Council ( ) Approved ( ) Denied Jack Louws, County Executive Date: 41 r v Ali Supplemental Budget Request Status: Pending Administrative Services Information Technology Supp7 to # 2395 Fund 369 Cost Center Originator. P. Rice for PL/PW/HL/AR/ Expenditure Type: One -Time Year 1 2017 Add'I FTE ❑ Add'I Space ❑ Priority 1 Name of Request: Permit System Replacement - Implementation 9/ X 2 9l- DepartmenHead Signature (Required on Hard Copy Submission) Date Costs: Object Object Description 6510 Tools & Equip 6720 Telephone 7190 Other Miscellaneous 7420 Computer -Capital Outlays 8301.169 Operating Transfer In 8301.108 Operating Transfer In 8301.001 Operating Transfer In Request Total la. Description of request. Amount Requested $115,494 $32,284 $20,302 $1,280,247 ($117,464) ($371,867) ($958,996) $0 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 42 Supplemental Budget Request Status: Pending Administrative Services Information Technology Supp,1 ro # 2395 Fund 369 Cost Center Originator. P. Rice for PL/PW/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 43 Supplemental Budget Request Status: Pending Administrative Services Information Technology Supp7 lD # 2395 Fund 369 Cost Center Originator: P. Rice for PUPW/HUAR/ 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 44 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-302 CLEARANCES Initial Date Date Received in Council Office A ends Date Assigned to: Finance & Admin Originator: t o 1 10124117 Svcs Committee and Nan Kallunki Council Agenda Irl, y17 Division Head: I� OCT 1 7 2017 Dept. Head: 01,0 Karen Goens WHATCOM COUNTY Prosecutor: COU U NCIL Purchasing/Bud ��t: ''ge Executive: �i"� yxD �y ® / , / F T TITLE OF DO T: A Resolution in t e Matter of Adopting a Salary Schedule and Policies for Non -Represented Whatcom County Employees Effective January 1, 2018 through December 31, 2018. ATTACHMENTS: A Resolution in the Matter of Adopting a Salary Schedule and Policies for Non -Represented Whatcom County Employees Effective January 1 2018 throw h December 31 2018. SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date: SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE. (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) A Resolution in the Matter of Adopting a Salary Schedule and Policies for Non -Represented Whatcom County Employees Effective January 1, 2018 through December 31, 2018. 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.whatcontwa.uslcouncil. Jack Louws County Executive Bellingham, WA 98225 MEMO TO: County Council Members FROM: Jack Louws, County Execut47-11-1- DATE: October 24, 2017 SUBJECT: 2018 UNREPRESENTED RESOLUTION For your consideration are my recommendations for the 2018 Unrepresented Resolution. The most significant element of this proposal is that it extends unrepresented employees the same wage increase (2.5%) as was settled with the represented employees through the collective bargaining process. The 2018 Resolution carries forward most previous policy provisions; proposed changes are summarized below. Term of Resolution The resolution is effective January 1, 2018 through December 31, 2018. Across the Board Wage Increases Each step in all ranges of the salary matrices increases by 2.5% in 2018. Health and Welfare` Section 8.2 was updated to provide more specific information about current county health and welfare benefits. Section 8.2.1.3 removes the dollar amount ($148.44) to buy -up to the optional Contributory Plan with a lower deductible. This amount can vary from year to year depending on the medical plan renewal. Section 8.2.2 clarifies the County and employee contribution for medical benefits for employees working less than full time. Probable Cause Compensation Amendment #1 to Resolution 2016-51 is incorporated into Section 4.12 which provides an increase in compensation from $175 to $250 for Prosecuting Attorneys who appear for probable cause hearings on weekends or holidays. Emergency; Response Section 4.10 increases the stipend for extraordinary emergency response from $100 to $150. It was last changed from $50 to $100 in 2007. Other Language Changes Section 5.3 clarifies the ability to flex time upon supervisor approval following an emergency response. Flex time is not intended to be provided hour -for hour to make up time, but rather as a means to take care of any personal matters. New state law widely expanded the definition of "family member" for the purpose of using paid sick leave. Sections referring to the use of sick leave are modified to say that sick leave can be used to care for a family member. Other minor language changes were made for clarification or to address sections that are out of date. Should you have any questions on the details of the above changes, please contact Nan Kallunki via email or at extension 5306. M PROPOSED BY: Executive INTRODUCTION DATE: October 24, 2017 RESOLUTION NO. 2017 — A RESOLUTION IN THE MATTER OF ADOPTING A SALARY SCHEDULE AND POLICIES FOR UNREPRESENTED WHATCOM COUNTY EMPLOYEES EFFECTIVE JANUARY 1, 2018 through DECEMBER 31, 2018 WHEREAS, it is necessary to establish policies and salaries for the unrepresented employees; and, WHEREAS, the Whatcom County Council hereby adopts the following policies for administration of personnel issues affecting unrepresented employees; and, WHEREAS, it is nonetheless understood that state law may override certain stipulations set forth herein; and, WHEREAS, the Whatcom County Council hereby adopts the concept of a salary matrix as the basis of establishing salaries for a majority of the non -represented positions; NOW, THEREFORE, BE IT RESOLVED, that the Council intends that the Administration should follow the policies set forth below and should place non -represented employees within the proper range and step according to the FTEs contained in the adopted budget; AND FURTHER, THEREFORE, BE IT RESOLVED, 1. DEFINITIONS 1.1 "Unrepresented employee" is defined as either elected officials or non - represented employees. 1.1.1 "Elected official" is defined as only those officials elected pursuant to the provisions of the Whatcom County Charter and Washington State Law (except Superior Court Judges). 1.1.2 "Non -represented employee" is defined as all other unrepresented employees who are appointed to a budgeted full-time equivalent position for which the terms and conditions of employment are not bargained by a union. 1.2 "Full-time equivalent" and "FTE" are both defined as the currently assigned percentage, not to exceed currently budgeted full-time equivalency of a position, as authorized by budget ordinance. 20,18 Unrepresented Resolution - Page 1 of 17 47 2. NON -REPRESENTED SALARY MATRICES — EXHIBITS A THROUGH G Effective the full first pay period in 2018, each wage step in all ranges of the 2017 salary matrices shall increase by 2.50%. For 2018, pay period #1 begins on December 31, 2017. The monthly salaries of non -represented positions shall be established within the ranges and steps provided in Exhibits A through G. Exhibits A through F shall be effective on the date listed on the applicable Exhibit and shall remain in place until changed. Should a range not be available, a new range will be created which is either a partial range at 2.15% above the previous range or 4.3% above the previous range depending on circumstances. Monthly salary amounts indicated are for one (1.0) FTE (full-time equivalent). Compensation for employees working less than full time is pro -rated based on a 40-hour work week. Monthly amounts may be converted to an hourly rate by dividing the monthly amount by 173.33. 2.1 Sub -Ranges. Certain sub -ranges (as designated on the appropriate matrix) were created to address supplemental compensation replacement for employees who were receiving compensation under Executive Order 2004-03. These sub -ranges are not applicable to other individuals. The sub -range is in recognition of previously negotiated compensation based on multiple assignments, varied duties, working far beyond the hours required in a regular work week, evening meetings, and responding to emergencies in order to minimize the cost of administration and provide the greatest flexibility for the County. Employees in sub -ranges 500.1, 510.1, and 510.2 are not eligible for Interim Assignment Pay (section 4.6), Emergency Response Pay (section 4.10) or Paid Administrative Leave (section 4.5). 3. NON -REPRESENTED SALARY MATRICES — EXHIBITS G AND H 3.1 Flat Rate Positions. The monthly salaries for positions covered by Exhibit G are pro -rated as follows: FTE Range Court Reporter .875 801 Health Officer .60 802 3.2 Court Commissioners. Court Commissioners covered by Exhibit H are paid at a rate equivalent to a percentage of the comparable state judicial salary level set by the Washington Citizens' Commission on Salaries for Elected Officials to be effective September 1 of each year. Any changes in these Judges' salaries will be reflected in the comparable Court Commissioners' salaries. Superior Court Commissioner District Court Commissioner % of Comp. Judge Range 90% 903 85% 904 4. COMPENSATION & EMPLOYMENT 4.1 Step Movement. Within the salary matrices contained in Exhibit A through G, all steps shall be awarded on the basis of successful job performance. A performance evaluation must have been completed for employees in Exhibits A through D, and G within the last year and the most recent evaluation must "exceed requirements" overall to 48 2018 Unrepresented Resolution n Page 2 of 17 advance to the next step per the time period indicated on the appropriate Exhibit on the first day of the appropriate month. 4.2 Reclassification or Promotion. If funding is available within the authorized budget, Department Heads can request a promotion or reclassification so long as it is in compliance with County policy on reclassifications (AD140000Z) and it receives written approval of the County Executive. Individuals who are reclassified (because of the addition of significantly higher -level duties) or promoted into a higher position shall move to the step in the new range as follows. The `top wage step' is defined as the highest step in a given range which includes an increase in the wage component (as opposed to an increase in just the Recognition & Retention component) over the preceding step. • For employees in Exhibits A, B, C, or D, if a 5% increase would place the employee below the top wage step in the new range, the employee is placed in the new range in the step providing at least a 5% increase. The reclassification or promotion date becomes the next step date. • For employees currently below the top wage step in Exhibits A, B, C, or D, if a 5% increase would place the employee at or above the top wage step in the new range, the employee is placed in the top wage step. The reclassification or promotion date becomes the next step date. • For employees currently at or above the top wage step in Exhibits A, B, C, or D, if a 5% increase would place the employee at or above the top wage step in the new range, the employee is placed in the new range at their current step and maintains their current next step date. • For Exhibits E, and F, employees are placed in the step in the new range that provides at least a 5% increase in base salary, not to exceed the top step of the new range. The reclassification or promotion date becomes the next step date. • For movement outside the employee's current Exhibit, if a 5% increase would place the employee below the top wage step in the new range, the employee is placed in the new range in the step providing at least a 5% increase. The reclassification or promotion date becomes the next step date. If a 5% increase would place the employee at or above the top wage step in the new range, the employee is placed in the new range at their current step and maintains their current next step date. 4.3 Realignment. If funding is available within the authorized budget, Department Heads can request consideration on the appropriate form, for realignment of positions the following January, which are paid at least three percent (3.00%) below the average of at least four (4) of the six (6) comparable counties (all comparable counties where matches exist must be used). Individuals moving to a new range because of realignment of non -represented positions or ranges shall be placed in their current step (but no higher than the top step) one range above their current range. The effective date of the realignment shall become the step increase date. Positions which are experiencing recruitment and/or retention difficulties may be looked at during the year if funding is available within the current year's budget for the department. 4.3.1 Additional Considerations. In the administration of section 4.3 — Realignment, in the event the County identifies a position as one with documented local 2018 Unrepresented Resolution - Page 3 of 17 49 recruitment and/or retention difficulties then secondary comparables based on close geographical location and sociological issues may be considered. 4.4 Position Movement. Individuals moving to a position in a lower range may have a salary adjustment up or down depending upon individual qualifications for the position, the nature of the work performed, and internal equity with no change to the next step increase date. 4.5 Overtime & Compensatory Time Pay. The provisions for overtime payments and compensatory time (for working over 40 hours in a week) apply only to non - represented employees who are covered as non-exempt by the Federal Fair Labor Standards Act (FLSA). Employees requesting compensatory time in lieu of overtime pay shall have such request granted up to a maximum of twenty-four (24) hours per calendar year. Additional compensatory time may be mutually agreed to, but an employee may accrue no more than a maximum of 80 hours of compensatory time at any time. All compensatory time earned shall be cashed out each year in December in the last paycheck of the calendar year. In recognition of the contributions non -represented employees sometimes make in working far beyond the hours required in a regular work week, and the fact that FLSA- exempt employees do not get overtime or compensatory time, the Executive's Office has authority to award deserving non -represented FLSA exempt employees up to five (5) days of paid administrative leave per year. These days must be used in the year awarded unless County business prevents this occurring, in which case they can be carried over one year. Administrative leave may only be cashed out upon separation. The Executive is empowered to authorize extra pay for non -represented employees during a period of extraordinary circumstances (such as emergency conditions, a strike, etc.). 4.6 Interim Assignment Pay. From time to time, non -represented employees may be asked to cover all or part of the duties of a higher -level position during periods of extended absence, vacancy, or for special assignments. In these instances, interim assignment pay may be awarded. Department heads shall discuss appropriate rate of interim pay with Human Resources prior to making the assignment. [AD146100Z] 4.7 Employment Opportunities. Non -represented employees who wish to apply for a union position may do so by the posted closing date for union members. Non - represented applications will be reviewed only if there are no current eligible and qualified represented employees from the applicable bargaining unit who apply or who are selected for the opening. The County, at its sole discretion, may or may not at that time select non - represented employees for any type of opening, or may proceed with a public posting and include the non -represented employees in the employment process. 4.7.1 Provisional Appointments. The County may make provisional appointments for employees not fully meeting all requirements and qualifications. Such employees will be placed in a range lower than the posted position, receiving at least a 5% promotional increase (in compliance with section 4.2) and will not receive another promotional increase upon fully meeting posted requirements. They will maintain their 50 2018 Unrepresented Resolution - Page 4 of 17 step increase date when moved to the range of the posted position and be placed in the step closest to but not less than the provisional appointment rate of pay. 4.8 Disciplinary Suspensions. FLSA-exempt employees are not subject to unpaid disciplinary suspensions except in increments of full work -weeks, unless the infraction leading to the suspension is for a violation of a safety rule of major significance. 4.9 Employment at Will. Employment for non -represented employees is at will, which means either the employee or the County can end the employment relationship without being legally required to give notice or a reason except as stipulated herein, by County policy, or by law. 4.10 Emergency Response. Non -represented employees authorized in advance and required to respond in person to extraordinary emergencies, and works anytime between the hours of 9:00 p.m. and 6:00 a.m., Monday through Friday and any time on Saturday or Sunday, shall receive a $150 stipend per incident. If an employee is not on a pre -approved absence, and response to an incident is during normal hours but extends to hours or days noted above, no stipend is awarded. If the incident extends beyond 24 hours from the first response by employee and additional responses are required during times or days noted above, depending upon circumstances or the ability to flex time, an additional stipend may be awarded. Pre -authorization for extraordinary emergencies eligibility is provided by an employee's supervisor in advance with written approval of the department head for a specific incident requested after the incident occurs. Final approval of a specific incident is provided by the Executive's Office or designee. In the case of department heads, pre -authorization and final written approval of a specific incident is provided by the Executive or designee. 4.11 Recognition and Retention Premium. Recognition and Retention Premium ceased to exist as a separate compensation item for all but Exhibit E as it was rolled into applicable matrices. 4.12 Probable Cause Compensation. Any attorney in the Prosecuting Attorney's Office required to appear on a weekend or holiday at a scheduled Probable Cause hearing shall receive $250 for his/her appearance. 4.13 Nomination for Merit Step. 4.13.1 Merit Step. Non -represented employees who are not at the top wage step of their assigned range may be nominated by the department head to the Executive's Office for a one-step adjustment in recognition of documented exemplary performance. A step adjustment for merit does not impact the step date. 4.13.2 Documentation. Documented exemplary performance for a merit step shall include a performance evaluation within the last year with an overall rating of at least "4.00" with no individual elements or sub -elements at or below the "needs improvement" level. Additional documentation must be in writing and shall include specific information as to the employee's contribution: to achievement of some element or elements of the strategic plan; that has organization- or community -wide impact; 2018 Unrepresented resolution - Page 5 of 11 51 to the completion of a specific, significant department project; or to a similar type of accomplishment. 4.13.3 Timing. Nomination requests will normally be submitted during the budget process, but may be submitted any time during the year. Submission requires funding to be available within the authorized budget for the department. 4.14 Binding Arbitration Adjustment. In recognition of the fact that two bargaining units within the Sheriff's Office have access to binding interest arbitration, unrepresented employees in the Sheriff's Office shall receive or be eligible for, on approximately the same basis as employees directly reporting to them, the following items: • Pay increases (non -represented employees only). • The same basis for calculating Recognition and Retention Premium (Longevity). Performance evaluation within last year must "exceed requirements" overall in order to be eligible for the Premium (non -represented employees only). • The same annual clothing allowance if they must maintain a dress uniform. • Medical coverage. 4.15 Ability to Cross Border. Employees must maintain the ability to cross the Canadian border if they are assigned to a position which may at any time require crossing the Canadian Border. 5. SCHEDULING 5.1 Work Schedule. The hours of operation may vary between departments and divisions in order to better serve the public. 5.2 Alternative Schedule. Alternative scheduling allows the hours and the basic workday or workweek of an employee to be modified from the department standard to attend to County business or to accommodate a different schedule. Approval of alternative scheduling for FLSA non-exempt employees shall not allow for greater than forty (40) hours of compensation in any one work week, shall provide for no reduction in service to the public, and must not increase the County's compensation costs. Alternative scheduling requires the mutual agreement of the employee and the department head and approval of the Executive's Office or designee. FLSA non-exempt employees may not accumulate or not take lunch and/or rest breaks in order to shorten the workday or work week. 5.3 Flex Time. Periodic flex time may be used for personal employee matters including doctor, vision or dental appointments, or after emergency response, or after otherwise performing work beyond the normal work schedule on behalf of the County. Approval of flex time for FLSA non-exempt employees shall not allow for greater than forty (40) hours of compensation in any one work week, shall provide for no reduction in service to the public, and must not increase the County's compensation costs. Flex time requires the mutual agreement of the employee and the department head or designee. FLSA non- exempt employees may not accumulate or not take lunch and/or rest breaks in order to shorten the workday or work week. 52 2018 Unrepresented Resolution - Page 6 of 17 6. LEAVES 6.1 Sick Leave. For the purpose of sick leave benefits, sick leave shall accrue to each 1.0 FTE non -represented employees in Exhibits C through H from their date of hire in the amount of eight (8) hours for each month of employment, if benefits eligibility criteria are met, to a maximum of nine hundred and sixty (960) hours except as outlined below. 6.1.1 Part -Time Employees' Sick Leave Accrual Rate. Part-time employees' sick leave accrual rate will be pro -rated per currently assigned, but not more than their budgeted FTE. 6.1.2 Additional Accrual. A non-LEOFF II employee who has accrued nine hundred and sixty (960) hours at the end of the last pay period of any year shall be allowed to accrue up to one thousand and fifty-six (1,056) hours (960 hours + up to 96 hours annual accrual) of sick leave during the year immediately subsequent. These additional hours of accrual may not be cashed out. The employee's total accrual reverts back to no more than nine hundred and sixty (960) hours at the end of the last pay period of the year. 6.1.3 Sick Leave Usage. Eligible employees may request sick leave as accrued and it may be used in increments of less than one scheduled workday, but not less than one hour for FLSA exempt employees. 6.1.4 Sick Leave Verification. Upon request, an employee shall provide the County with verification that the leave is for a covered purpose. 6.1.5 Excess Sick Leave Contributions. Employees under Exhibits C through H who have at least 960 hours in their sick leave bank the first and last pay period of the year (or at the beginning of a calendar year and upon termination in that same year) will receive a contribution into their Health Savings Account (HSA), if they have one, or if they do not have an HSA, into a Retirement Health Savings (RHS) plan, based upon a portion of the hours accrued but not used during the year. Sick leave hours accrued to a maximum of forty-eight (48) hours will apply to a partial contribution to a Health Savings Account or Retirement Health Savings Plan if less than forty-eight (48) hours of sick leave are used that year. Calculation is based on 25% of eligible hours, paid at the rate in effect at year end. 6.1.6 Sick Leave for Family Care. Sick leave can be used to care for a family member. 6.1.7 Sick Leave Cashout. A non -represented employee with three (3) or more years of current, continuous employment with the County shall be entitled to sick leave cashout upon voluntary separation, layoff or death in the amount of twenty five (25%) percent, or fifty (50%) percent if hired before May 15, 1984, of accrued hours up to a maximum of 960 hours. Employees must give at least two (2) weeks' notice prior to separation to be eligible for sick leave cashout. 6.1.8 Sick Leave Sharing. Sick leave sharing is available to non - represented employees per the County's Sick Leave Sharing Program. Each employee may donate up to a maximum of twenty-four (24) hours per calendar year. 2018 Unrepresented Resolution - Page i of 17 53 6.1.9 LEOFF II Accrual Maximum. LEOFF II non -represented employees may accrue sick leave up to a maximum of one thousand, four hundred and forty (1,440) hours. No more than nine hundred and sixty (960) hours shall be used as a base for calculating sick leave cashout. If any hours are used per section 6.1.5 for partial contribution to a Health Savings Account, if they have one, or if they do not have an HSA, into a Retirement Health Savings Plan, any hours used in that calculation will no longer be available to the employee and will be deducted from the accrual bank. 6.1.10 Sheriff's Office. Non -represented employees in the Sheriff's Office (including Emergency Management and the Jail) who have employees directly reporting to them who receive an additional five (5) days of vacation if they have seventy-five (75) days of sick leave on December 31 of any year shall receive the same consideration. 6.2 Vacation. Non -represented employees under Exhibits C through H (except court reporters and superior court commissioners) shall be entitled to vacation accrual benefits if benefits eligibility criteria are met. Accruals for 1.0 FTE will be in accordance with the following schedule with the first employment year being the year hired and subsequent employment years being the first of the year. Prior regular County employment may be considered when determining employment year. During 1 st through 4th employment year accrue 10.00 hours per month During 5th through 9th employment year accrue 13.34 hours per month During 10th and subsequent years accrue 16.67 hours per month Vacation leave may be requested as accrued and approved and may be used in increments of less than one scheduled workday, but not less than one hour for FLSA exempt employees. No more than two hundred and forty (240) vacation hours may be carried forward from one year to the next; otherwise unused vacation in excess of two hundred and forty (240) hours at the end of the last pay period in any year shall be forfeited. The express purpose of vacation leave is to allow employees to take time away from work to relax, recreate and otherwise attend to personal matters. It is the policy of Whatcom County that non -represented employees shall take the regular vacation time allocated each year for the good of the employee and the County. If funds exist in the department's current budget, by mutual written agreement between the non -represented employee, the department head and the Executive's Office, vacation anticipated to be above the 240 hours carryover maximum can be cashed out each calendar year in the amount of 50% of accrued hours up to a maximum of eighty (80) hours. Upon separation, accrued vacation hours will be cashed out at 100%. 6.2.1 Part -Time Employees' Vacation. Part-time employees' vacation accrual rate will be pro -rated per currently assigned, but not more than their budgeted FTE. 6.2.2 Compassionate Leave. Employees may donate accrued vacation leave or paid time off to employees for the serious health condition (as defined by FMLA) of an employee or as otherwise provided by County policy. 6.3 Holidays. Paid holidays will be available as posted on an annual basis for non -represented employees (except superior court commissioners) who are in paid status, or on approved voluntary unpaid furlough, the entire scheduled work day before and after the holiday. 54 2018 Unrepresented Resolution - Page 8 of 17 6.3.1 Personal Holiday. Each non -represented employee under Exhibits C through G (except court reporters and superior court commissioners) shall receive one (1) Personal Holiday each calendar year equivalent to their FTE on January 1 or upon hire, not to exceed eight (8) hours. The Personal Holiday must be used in the year it is earned, in increments of at least one hour for FLSA exempt employees. Personal Holidays are not cashed out upon separation. 6.3.2 Working a Holiday. Employees who are required to work, because state law requires an office to remain open on the December 24t" County holiday observance, shall receive two days off with pay. Employees, who are required by their department head to work a paid County holiday because of an emergency, a project that can only be completed when County offices are closed, or special directive from the Executive's Office, shall receive two (2) days off with pay at a mutually agreeable time. 6.3.3 Part -Time Employees' Holiday Pay. Part-time employees will receive holiday pay based on their currently assigned, but not more than their budgeted FTE. 6.4 Paid Time Off (PTO) Bank. Each non -represented employee on Exhibits A and B will, in lieu of accruing vacation, sick and personal holiday, accrue time into a Paid Time Off (PTO) bank. 6.4.1 Accrual. Accrual for 1.0 FTE's will be in accordance with the following schedule with the first employment year being the year hired and subsequent employment years being the first of the year. Employees appointed to an eligible unrepresented PTO position will have their accrued and available vacation and personal holiday hours placed in a PTO bank. Prior regular County employment may be considered when determining employment year. Part-time employee's monthly PTO bank accrual rates will be pro -rated based on FTE. Exhibit A Accrual Rate/month Upon hire and subsequent years 26.00 hours Exhibit B Accrual Rate/month During 1 st through 4t" employment year 21.33 hours During 5th and subsequent years 24.67 hours 6.4.2 Short -Term Disability (STD) Bank. Each newly eligible employee will receive a "one-time" deposit of 480 hours into a short-term disability (STD) bank. Part-time employee's short-term disability bank deposits will be pro -rated based on FTE. The STD bank can be accessed only after an employee has been absent and used PTO bank hours to cover three consecutive work days for an illness or injury, for an approved Family/Medical Leave, or to provide care for a family member under Family Care or Family Leave. For each separate intermittent FMLA situation, only one period of three consecutive work days charged to PTO needs to be met each applicable 12-month period before gaining access to the STD bank. Access to the STD bank may require a physician's certification. Deductions from the STD bank must be for one hour or more. The STD bank is not eligible for cashout at any time. 2018 Unrepresented Resolution - Page g of 17 55 6.4.3 Sick Leave Bank. Employees appointed to an eligible unrepresented PTO position will maintain their accrued and available sick leave hours in a bank, which can be accessed only if the one-time STD bank is depleted. Upon voluntary separation, layoff or death, the sick leave bank cashout will be cashed out per section 6.1.7. 6.4.4 Paid Time Off Usage. PTO bank hours may only be requested as accrued and used as approved. In the event an employee needs PTO for an illness or to care for a family member, the employee should give his or her supervisor as much notice as possible. Deductions from the PTO bank must be for one hour or more. 6.4.5 Paid Time Off Bank Carryover/Cashout. No more than 330 PTO hours at the end of the last pay period in any year can be carried over to the following calendar year with additional hours forfeited. If funds exist in the department's current budget, by mutual agreement among the impacted employee, the department head (if applicable) and the Executive's Office, PTO anticipated to be above the 330 hours carryover maximum can be cashed out each calendar year in the amount of 50% of accrued hours up to a maximum of eighty (80) hours. Upon separation, hours in the PTO bank will be cashed out at 100%. 6.5 Jury Duty & Military Leave. Non -represented employees considered exempt under the Federal Fair Labor Standards Act (FLSA) shall have no deduction in salary for absences caused by jury duty or annual military leave. Jury duty and military leave will be provided as described in County Policy, USERRA or state law. 6.6 Bereavement Leave. Bereavement leave shall be provided to non - represented employees, who suffer a death in the immediate family, of up to five (5) days off (maximum of forty hours) without loss in pay. Immediate family members include a spouse or State registered domestic partner, child or parent (including step) of either the employee or the employee's spouse. Up to three (3) days off without loss of pay is available for other close family members (including step): brother, sister, grandchildren or grandparents of either the employee or the employee's spouse. In the event of a funeral or other memorial occurring as a result of the death of a current, lawful brother or sister-in- law, the affected employee may have up to eight (8) hours off without loss in pay to attend the funeral or memorial, if not covered above. Additional days off without pay or using accrued leave may also be available upon written approval of the department head. Requests for greater than five (5) days of leave without pay in a calendar year requires Executive Office approval. 6.7 Civil Leave. Civil leave with pay shall be allowed to permit a non - represented employee to testify in any federal, state or municipal court when a subpoena compels such testimony and such testimony is on behalf of Whatcom County or is in connection with a matter in which Whatcom County is a party. 6.8 Family Leave. The County provides unpaid leave to any eligible non - represented employee covered by this Resolution, consistent with the Washington State Family Leave Act, Washington State Family Care Act, Washington State Military Family Leave Law, and the Federal Family and Medical Leave Act (FMLA). Employees are not required to use accrued vacation time, sick leave, STD bank, or PTO bank before commencing unpaid family leave, except an employee who has previously used twelve (12) weeks of unpaid FMLA will, for the following four years, use all but a total of forty (40) 56 2018 unrepresented Resolution - gage 10 of 17 accrued hours (including compensatory time) of allowable vacation, sick, PTO bank, STD bank, and personal holiday time before beginning unpaid leave during any subsequent twelve-month FMLA period. If leave pursuant to FMLA stipulations would also qualify as leave under any other County benefit, policy or type of leave, the period of the FMLA leave will run concurrently as permitted by law and will apply toward an employee's entitlement for each type of leave that may be applicable. 6.8.1 Physician Certifications. The County may require physician certifications in accordance with state and federal guidelines. 6.9 Maternity Leave. Accrued sick leave or STD bank time may be utilized for maternity/disability leave. In the event sick leave and/or the STD bank is exhausted before the employee returns to work, any vacation, PTO bank, or other paid leave which has accrued must be utilized before approval of any leave without pay is considered by the County, except for leaves falling under the federal Family and Medical Leave Act or County policy. If leave pursuant to this provision would also qualify as leave under any federal or state laws, the period of leave will apply toward the employee's entitlement to leave under any applicable laws consistent with section 6.8. Unless the birth mother chooses to invoke FMLA, a birth mother's period of temporary pregnancy -related disability shall not be deducted from the FMLA leave entitlement. 6.10 Paternity Leave. Sick leave to a maximum of forty (40) hours shall be available to use by an employee at the time of delivery of a child by their legal spouse. 6.11 Leave for Illness or Iniury. Non -represented employees may request in writing, with appropriate health care provider verification, leave for major illness or injury utilizing Family/Medical Leave, accrued leaves, and unpaid leaves, as appropriate and as approved. Total time for the leave, which will include all time away from work, may be extended up to a maximum of twelve (12) months with the mutual consent of, the department head and the Executive's Office. An employee who returns to work will be credited for length of return time to job of injury, if work related, within the twelve (12) month limit if the employee must go back on disability for the same illness/injury. Periodic health care progress reports may be required. 6.12 Domestic Violence Leave. The County provides leave to employees who are victims of, or who are family members of victims of domestic violence, sexual assault, or stalking, consistent with the requirements of the Washington Domestic Leave Law. 6.13 Absence Due to Adverse Weather. FLSA non-exempt employee's absence due to severe inclement weather or other unusual emergency conditions will be charged to one of the following in sequential order: compensatory time, vacation leave, paid time off, personal holiday, or leave without pay. Employees who wish to take leave without pay must notify his/her payroll preparer before the department's payroll cut-off time. 7. ELECTED OFFICIALS 7.1 Wage Admustments for Elected Officials. Council Members and Executive Branch Elected Officials shall be compensated per the appropriate Resolution. 2018 Unrepresented Resolution - Page 11 of 17 57 7.2 District Court Judges. District Court Judges shall accrue sick leave at the same rate as non -represented employees per section 6.1. Additionally, pursuant to RCW 3.34.130, District Court Judges will receive thirty (30) days' annual leave each January 1. Annual leave cannot be carried forward to the next year. When a District Court Judge vacates office, the total remuneration for annual leave and sick leave shall be granted as allowed by RCW 3.34.100, and shall not exceed the equivalent of thirty (30) days' monetary compensation. 8. BENEFITS 8.1 Benefits Eligibility. Non -represented employees must be compensated at least eighty (80) hours per calendar month and be in at least a .5 FTE position to be eligible for certain benefits (including, but not limited to, sick leave, holiday, vacation, PTO bank, STD bank, and health and welfare). Compensation is defined as payment of wages for work performed, vacation, accrued sick leave, PTO, STD, other paid leave, or income for industrial injury not to exceed twelve months. County payments of health and welfare premiums for benefits of non -represented employees are made on behalf of employees. Compensation earned in one (1) calendar month provides health and welfare benefit coverage in the following month unless stipulated otherwise in plan documents. Any elected official or newly hired non -represented employee will be initially eligible for health and welfare benefits the calendar month following at least 80 hours of compensation in one (1) calendar month. Waiting period requirements on individual plans must be met for benefit reimbursement. Due to the nature of elected official positions, they will be eligible for health & welfare benefits on the same basis as a 1.0 FTE. 8.1.1 Benefits Coverage In Case of Documented Extended Illness or Injury. If an employee has a health care provider documented extended illness, injury, or disability, and is unable to work or be compensated at least eighty (80) hours per calendar month, medical contributions will continue to be paid by the County for full employee and family coverage for up to twelve (12) months from the date the employee is first ineligible on account of such illness or injury unless employment is terminated or as adjusted per section 6.8. This twelve-month period will apply towards the COBRA continuation coverage period. Dental, vision and life premiums will be paid by the County for the first three months of ineligibility only. Periodic health care provider reports may be required. 8.1.2 Part -Time Employee's Benefits Coverage. Part-time employees who fail to receive 80 hours of compensation in a calendar month shall be considered eligible for all applicable benefits during the month in question when the failure to meet eligibility requirements is due to a quirk in scheduling and through no fault of the employee. 8.2 Health & Welfare Benefits. All elected officials and eligible non -represented employees shall be granted the following health and welfare benefits. The benefits shall include full contribution by the County for the employee, spouse, and dependent children of the employee, unless otherwise noted. A) Medical — The Whatcom County Self -Insured Medical plan provides three medical plan choices through Health Management Administrators (HMA). B) Dental — Direct Reimbursement Dental through Navia Benefits Solutions. C) Vision — NBN Vision Plan with Washington Teamsters Welfare Trust. 58 2018 Unrepresented Resolution - Page 12 of 17 D) Long -Term Disability — employee only coverage with Sunlife. E) Life insurance —employee only coverage with Standard Life Insurance in the face amount of 1 times annual earnings to a maximum of $50,000. 8.2.1 Medical Plan Choices For 2018, the County will provide full family medical coverage with no payroll deduction under Plan 2000 or the Qualified High Deductible Plan (QHDHP). Employees may alternatively buy up to the lower deductible Contributory Plan with a monthly payroll deduction. Employees will elect their next year's plan choice during an open enrollment period in November. 8.2.1.1 Plan 2000. Employees may elect to participate in the Plan 2000 with no payroll deduction. This is the default medical plan. 8.2.1.2 Qualified High Deductible Plan (QHDHP) and Health Savings Account. Employees may elect to participate in the Qualified High Deductible Plan with no payroll deduction. Employees electing to participate in the QHDHP plan will be eligible to establish a Health Savings Account (HSA) if they are otherwise qualified to have such account. 8.2.1.2.1 First Time Enrollees. For first time enrollees, the County will contribute to the HSA a total of $1,250 per employee if signing up as an employee only OR $2,500 per employee as seed money if signing up as an employee plus dependents. Part-time non -represented employees will receive a pro -rated contribution based on their budgeted FTE. One half the annual HSA contribution amount will be funded in January and the balance will be contributed in 11 equal monthly amounts for the remaining months in 2018. Participating employees are also eligible to contribute to the HSA. 8.2.1.2.2 New Hires. Employees who choose the Qualified High Deductible Plan (QHDHP) will be eligible to establish a HSA, if they are otherwise qualified to have such account. The County will contribute to the HSA a total of up to $1,000 for employee only OR up to $2,000 for employee plus dependents as seed money for first time enrollment. Part-time non -represented employees will receive a pro -rated contribution based on their budgeted FTE. Fifty percent (50%) will be contributed the calendar month following eighty (80) hours of compensation in one calendar month and enrolled in the HSA with monthly contributions of either $45.45 (employee only) or $90.91 (employee plus dependents) throughout the remaining months in 2018. Participating employees are also eligible to contribute to the HSA. 8.2.1.3 Contributory Plan. Employees may elect to participate in the Contributory Plan via authorized monthly payroll deduction. 8.2.2 budgeted positions calendar month, ar they choose Plan 2 family coverage an d 2018 unrepresented Resolution - Page 13 of 17 59 Contributory Plan. (This requirement for pro -rated contributions does not apply to employees in Exhibit G or Whatcom County Council members). 8.3 Other Benefits 8.3.1 Flex 125. The County will pay set-up costs and ongoing maintenance costs to allow employees to utilize a Dependent & Health Care Reimbursement Plan. 8.3.2 Retirement Plans. The County provides payment to retirement plans through the Washington State Department of Retirement Systems (DRS), which also requires contributions from eligible non -represented employees. Elected officials may elect, but are not required, to participate in a DRS plan. 8.3.3 Deferred Compensation. The County provides the opportunity for voluntary employee participation in deferred compensation (457 plans) and 401(a) programs. The County matches these contributions fifty cents on the dollar, up to a maximum of 2% of base salary, with County contributions placed in a 401(a) Plan. New employees, within thirty (30) days of hire, may elect to contribute directly to the 401(a) plan. 8.3.4 Employee Assistance Program, The County provides confidential counseling assessment services through an Employee Assistance Program for employees and their immediate families. 8.3.5 Sheriffs Office Disability Plan. LEOFF II and PERS unrepresented employees in the Sheriff's Office will be provided a substantially equivalent disability plan as that provided to employees directly reporting to them. Such employees are not eligible to participate in the Long -Term Disability Plan offered under section 8.2.D. 8.3.6 Retirement Health Savings Plan. The County provides a tax-free Retirement Health Savings Plan (RHS) to use for qualified medical expenses, in accordance with IRS regulations. The County will administer the RHS plan consistent with the County's RHS plan documents. Contribution types, which are mandatory within identified groupings of employees, may include, but are not limited to: contribution of excess sick leave; contribution of a percentage of base salary; and contribution of sick leave, vacation and/or PTO bank cashouts at voluntary separation from County employment. The County may at its discretion identify additional recognized groupings of unrepresented employees to have one or more of the existing contribution types applied. 8.3.6.1 Retirement Health Savings. For those non -represented employees of the Sheriff's Office subject to the Binding Arbitration Adjustment matrices contained in Exhibits E and F, 3% of base salary provided will be mandatorily paid by the County to his or her Retirement Health Savings account, with the remaining 97% of base salary paid through payroll. 8.3.6.1.1 Additional Mandatory Contributions. When any of the employees on Exhibit E or F separate from employment, sick leave cashout, per section 6.1.7 and vacation cashout will be mandatorily contributed to his or her Retirement Health Savings account. 60 2018 Unrepresented Resolution m Page 14 of 17 8.3.7 Clothing Repair & Replacement. Employees who, in the course of pursuing their assignments, suffer a loss or substantial damage to clothing, excluding normal wear and tear, shall be reimbursed the reasonable cost for the repair or replacement of like items at a rate commensurate with the condition of the claimed item. Personal property shall be repaired or replaced up to $35.00 per item. 8.3.8 Electronic Funds Transfer. All newly hired regular employees shall authorize paycheck deposit by electronic funds transfer (EFT) within thirty (30) days of employment. Employees may temporarily stop EFT in emergency situations with at least seven (7) days' notice before a scheduled payday, but must restart EFT within three months. 9. POLICY OR PROVIDER CHANGES From time to time, the County may change provisions in this resolution or select different providers of benefits, which may impact plans offered. Nothing in this document shall limit the County's ability to change any provision in this resolution or to search for the most cost effective benefit packages, nor shall it commit the County to selecting any specific provider or plan. 10. EFFECTIVE DATE All changes in salaries and benefits under this resolution shall become effective on the first full pay period in January, 2018 and shall remain in effect until rescinded, except where noted otherwise and except that any further changes may be retroactively applied as approved by the County Council. For 2018, pay period #1 begins on December 31, 2017. AND FURTHER, THEREFORE, BE IT RESOLVED, that Resolution No. 2016-051 is hereby rescinded effective January 1, 2018 and this Resolution shall become effective that same date. APPROVED this 24th day of October, 2017. ATTEST: Dana Brown -Davis, Council Clerk APPROVED as to form: Chief Civil Deputy Prosecuting Attorney WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 2018 Unrepresented Resolution - Page 15 of 17 61 2018 Salary Matrix for Unrepresented Employees Exhibit "A" Department Head Salary Matrix - Effective January 2018 (+2.5 500 8,712 9,048 1 9,394 9,759 10,135 10,525 10,930 11,349 11,788 1 11,808 11,832 1 11,858 11,884 500.1 8,822 9,159 9,504 9,869 10,245 10,635 11,040 11,459 11,898 11,918 11,942 11,968 11,994 510 9,086 9,436 9,800 10,176 10,567 10,974 11,396 11,833 12,290 12,309 12,334 12,360 12,386 510.1 ` 9,251 9,601 9,966 10,341 10,732 11,139 11,561 11,998 12,455 12,474 12,499 12,526 12,551 510.2' 9,306 9,656 10,021 10,396 10,787 11,194 11,616 12,053 12,510 12,529 12,554 12,581 12,606 520 9,475 9,838 10,218 10,612 11,022 11,445 11,884 1 12,340 1 12,815 12,835 12,860 12,886 12,911 520.1` 9,750 10,113 10,493 10,887 11,296 11,721 12,267 12,615 13,090 13,110 13,136 13,161 13,187 525 1 9,678 1 10,049 10,437 10,840 11,259 11,692 12,139 12,605 13,091 13,111 13,137 13,163 13,189 530 9,886 10,265 10,660 11,071 11,497 11,940 12,399 12,874 13,367 13.387 13,412 13,438 13,464 "Ranges 500.1, 510.1, 510.2, and 520.1-Supplemental Compensation Replacement Exhibit "B" Management Salary Matrix - Effective January 2018 (+2.50%) 'Ranges425.1 &440.1 -Supplemental Compensation Replacement Exhibit "C" Professional/Supervisory Salary Matrix - Effective January 2018 (+2.50%) r Range 345.1 -Supplemental Compensation Replacement 62 2018 Unrepresented Resolution - Page 16 of 17 Exhibit "D" Support Salary Matrix - FLSA Non -Exempt -Effective January2018 (+2.50%) Exhibit "E" Sheriff's Binding Arbitration Adjustment Salary Matrix LONGEVITY (% oftop deputy step) Cffo�rh,o io .-, or1152 Sno/) Range _ �kep 1 St>'p 2 Step 3 Step 9 Step 5 Step: � Step 7 St��f 8 Step � ', 620 5,960 6,196 6,442 6,696 6,951 7,216 7,490 7,774 8,063 630 6,259 6,507 6,765 7,031 7,298 7,576 7,863 8,162 8,464 640 6,574 6,834 7,102 7,384 7,664 7,955 8,258 8,571 8,887 550 6,902 7,175 7,458 7,752 8,046 8,354 8,670 9,000 9,332 660 7,246 7,532 7,830 8,139 8,451 8,769 9,104 9,449 9,800 670 7,608 7,910 8,221 8,546 8,871 9,209 9,559 9,921 10,289 680 7,989 8,306 8,632 8,974 9,314 9,670 10,037 10,417 10,804 690 8,807 9,157 9,517 9,894 10,269 10,661 11,066 11,485 11,911 Fvhihit "F" (nrrartinnc Rindincz Arhitration Adiustment Salary Matrix YTs of 5e`rute8 6 ,� a� 2.00% Hourly rRate : $36.79 Ver Hour ' 'i;bifgevit+}!. $0.74 9 3.00% $36.79 $1.10 12 3.50% $36.79 $1.29 15 4.00% $36.79 $1.47 18 4.50% $36.79 1 $1.66 21 5.00% $36.79 $1.84 24 6.00% $36.79 52.21 o Effective January 2018 (+2.50/") a5i b'hthani erviceate5ohstepepu{fef; „to move k0next3tgp,?) Range _ ,Step"1" Step,2`. .` sleep 3 5tepA, , Step,S SteJS 6, : 3tep.7 Step $.. 'Step 9 , Sleep-16.;i 720 1 6,790 6,999 7,273 7,552 7,838 8,153 8,499 8,863 8,891 8,918 740 1 7,483 7,827 8,131 8,443 8,762 9,113 9,500 9,904 9,933 9,960 Fvhihit "c," Cnurt Renorters & Health Officer Salary Matrix - Effective January 2018 (+2.50%) 1Z'morstt s bf servJce ateac st rg u red to move Yo We n ste 36 rtsonLhs of Sery[e at each Step tsquieet3 ' .S%p 11 , z$3ep,12„ '-5kep 13',:" Range`= ,Step 1 Step,2, Step 3 . , ,Step'-§ , MStep'S, , „Step 6 . Step,? ,. ; Sfe'P 8, , ,'$kep ,Step 19 801 6,402 1 6,408 6,415 1 6,422 1 6,429 6,438 6,444 6,452 6,4 1 6,483 6,507 6,536 6,561 802 7,365 1 7,372 7,378 1 7,386 1 7,392 7,401 7,408 7,416 7.424 1 7,446 7,471 1 7,499 1 7,525 Exhibit "H" Commissioners Salary Matrix Range ; 9J1l2t117 9J1/2li18 903 12,689 12,943 904 11,411 11,639 (90%of Superior Court Judge Salary) (85%of District Court Judge Salary) *Salaries are set by the Washington Citizens' Commission on Salaries for Elected Officials every two years on the odd year. Next salary setting session begins January of 2019. 2018 Unrepresented Resolution - Page 17 of 17 63 WNA TCOH COUNTY COUNCIL AGENDA BILL No. 2017-303 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: )) (f = D a l I I . 10124117 Finance Council Division Head:: � 1 1 gypT �?a C COUNTY COUNCIL Dept.00T Head: Prosecutor:f7d1#9 Purchasing/Budget: 141,4117 Executive: 4 - 1 —7, / TITLE OF DOCU NT. Resolution Ordering the Cancellation of Accounts Receivable More than Three Years Old ATTACHMENTS: Proposed resolution and list of uncollectible accounts receivable SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing? ( ) 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.) This resolution orders the cancellation of accounts receivable that are over three years old and uncollectible. The total amount to be cancelled is $29,338.70. 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. z WHATCOM COUNTY ADMINISTRATIVE SERVICES Brad Bennett, Finance Manager TO: Jack Louws, County Executive FROM: Brad Bennett, Finance Manager DATE: October 2, 2017 SUBJECT: Resolution to Cancel Accounts Receivable FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham, WA 98225-4082 OCT 032017 JACK LOUWS COUNTY EXECUTIVE Attached is a proposed resolution to cancel uncollected accounts receivable. These accounts receivable consist mostly of amounts billed by Public Works for roadway damages and penalties issued by Planning and Development Services code enforcement office. They all have been considered uncollectable and the Planning and Development Services receivables have been adjusted as bad debt on the balance sheet. As per RCW 36,32.120, with Council authorization, we would like to cancel these accounts receivable. Thank you. 65 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: October 24, 2017 RESOLUTION NO. ORDERING THE CANCELLATION OF ACCOUNTS RECEIVABLE MORE THAN THREE YEARS OLD WHEREAS, the Revised Code of Washington, Section 36.32.120, states the County legislative authority shall audit the collection of money belonging to the County; and, WHEREAS, Administrative Services has provided a list of accounts receivable that were incurred prior to May 1, 2014 and are uncollectible. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that Administrative Services Finance is directed to write off as uncollectible accounts receivable listed in Exhibit A. APPROVED this day of , 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Barry Buchanan, Council Chair APPROVED as to form: Civil Deputy Prosecutor «01 O O Ln Ol N ( r D 0- v CLI O: >CLI. I m( k I i 0 0 N i p vt v - E I , o. +-� C: Ol 06 ml 06 C 4- I E p m tio1 I ci Imo{ ICI and o! ( CI I ?. � ?� tm -1 E � CL m ! o to eo a CL ,0 a) mLn 0_, Qand I o 1O OI 00 C N ZaJ 0nOI a0O ( I�ILn.-o v _ o m MI aCi m L: nI HI t Cm �o I jn vivlw v: n v m 0 Q -0 i-i C -a : oo Q : s_. , G � . al � t0 > u L N CIO'. fC0 M f00 i�I �ii. CL u 0 00`Ln O O. dt QlO) Q( O.j �I m OI,N a1, cL m I G,NrLn �! i1j 0.!00 Nj CLI o vz 10 (�1Qjw;0 o.in1 r Is d'j�I1=t E nniIN �',�! v: l�,Njn. ¢ �j v xa'�loo °'-i � w o000'0! apil��0 �.� -i'vj�l,� m,�v�il�j�l� �'v m`a �nl� z'a v `oI O ICI O O Qll O. ^ O tb W 1� V N: NINi V Iyk e-1I Mid' LO M :m 0: V I Cn N' V N a'I lO M N e-i N .Q O V' O M I�t �" WM: 1�!M LUI U Ln M O O:O O O.ey Ln O•N �N'Q,.-i O(p -I wiakl O'er d' N,tn1�- O.� Y•t. 00 vi00 ¢ QI�'¢ O; o'oj - lV Q Q (3, <!u QI¢II n,v°i ¢ vtIu <IOr, Qr¢I n aJ wIMI� 2k ''fit St'O(WIYkI>j i'OI' NIIxIINlaa: 7tlinl3kILL IN'j St 3LIwlQI7t, 2tl�l nol,lN N �10 �!v10 D LLIzIi zIw' 1 m Q ¢ 0,0 Olsz; v'O O Oj 0 CLI0,0I00 0-_; 0;� Oj �lOsO;_, �'pp N:N m J_ Ln Ln tn;(n Q NIln tni I to tnl0,ln,�IQ: IN V7•I-Iw`Ni0 Q !m =': Si W U!U U N,.Q V'�i�IU;U W U: U Jul- 'U.0UI �>U>s1 W:_CIU L U'0� UU WI V)' O LoV-O ICI Oi i ! IN { ivI.LY1 ; tnl la_Ia2Si j ICI Q ¢ ¢ Q Z Q,Q..x ¢IBC Z Q G Q Q01 >lalQ ¢?¢ ¢iQ:ZiQ;Q QjQlz,� 2�:xi�lc�;zl� 2.2 �I�Iz �I� �I� Ln zl�.� N! 4 Y _ — __ .. --- I — i _ — j Ln 1* 01;m Ol OJ00 00 w 00 Ln(M iOI Ln! -zt IH 0 O O,Ni Lal N' d' 00; 00 �O LO:mIN 00 Ln id', N, ! i lD-I�:N m LOjM I�iO;Ni NiLniO�iO�LO niM1Ol: of zIf1; 01'e4 ICILr? LO;N Olio LO NIIn O`10M e-Ii ,C0 LO%O Ln al'Ol Hl Ln l0 m to I001001 O1 N d' OLIO M`Nta-i.m O'Ol'Nj0 N r-1.N OtOII IO .-i M 00;00 V 0.01 .-I a-I,.-i to Mi00 I-IO 00.00 t0 M:Nj NO`O OI01�0011� Imo. I� lO tOiLn Lnr d'1�' d'; IlD et:0 l0 Ll1l d', d'i�-II01 101tnl V ` V!M N'NINI N`NkN NIN!N e-I; e-II.--1-H e-Ile-Ili-i;'i rH i-1 H a-1 j I I f l j----'rM r---, N -- c, (— e Itni I I00�� Ln(, i j00 n:ooi 00i!0 to �(co 00 rl {e-i Ie-I I I j ie-1 ey IN ( �N j N ? I Ie-lieu Ie-1 je-i Ia-li I eij O �etNm:01NMN�m0w��C1Nlm�0 iO O_O, CO0 .- m'IOet-ooje-Ij01.N-I O-!a,--N -,-.ao:O:N em-IlaN--t ?mOlj mO'..�- C)M00 d �j !l��E�:N' �ei:ImM I�M1�--I�Me--II�Nei N'M 4 MlN NteMM �NM�-�m r�1l 'O0 'nI'OOI'O �tM I,{In-00 00 N. (M)'D NICrN M .II Ln i00'I�1e-01., 0N0yi0m 0 OOIO OIO O.OIO� Oe0000I00,j .�HOOO O-O 0I00 M0;.' Ol I ice'; zj I:VD)! lz` QQ w U. II II , I ! ILU wl IOI w( 'Zi ! i I 'wj}I ! �i i I� iQj IQI QIn ��OI� H' plx p, z �I �V�w �I �z 01 0 I w F-.0 Q W Q J'Ni:JI ZI l7 r 11-i Q! LD{Li ,; U, I¢: ;twill O!W ICI IZ w;� N 0""� Y.� Q,w.w.O,U'' w Q.� 2 z V) D wow QiZIQ Tiw Y -¢ Z�x;�IQ'N; IO; Y.S'Q1QUQ �¢ Z xl OI Iw Q'(7 �mi�' Ca Q,.� m,JO ¢1V VILL �I�I Ul WjZO OO ZIaI� �INj ZI �I wiQioClw wi�I�ILiij 0'WiQI J V v O. p W {Ln I- _ ¢ N- Lu O W II0 J z z I Z Fw iz� Q x w. w I�-N QI IOjw �;w ZoI2,i w;�IQ V E-tl7 w��'QILn O; n.' xlw wl� w m,Q U, 0 0' �' -j �a'¢I 010`J �, {�'C¢_JIvI cW J�j�i21Q12 z.� ��!-rw�� IZF-I xi�IO Z 2 �io-j 5'Q �INIW�w;>IW: I a-.QI C ZI H.= a i J z,m �, xI �'~`� 0i JIO.Z Z. �l QI z; Ur ,=,NI-1 0 wIZ tYi� ZIJ I wl�i0 QjH ¢lV aIQIQ x,w Nlxr¢(QIV Q 1-.O:Q QIzIi.Qi��QlLU uj O pIw w 10!Q'c��V.Y,001v)IuJ�NiwIUI� xltnl0 to C9�z��m,(7ixiLn,OIY �Ia1(9!�??�,� r�—ii t— --`r--r ?M �. e-1 00 100 : V M ; N e-1 , tO a-1 In j M '7 00 4rl Ln lO I Ln i N u) = Ln N • m �i Ln I, i Ln Ln Ol { O - M ! ol00!001� o0(LD .-+1Ln,�lollnjo o j.-+10 H C) NI0 ZT.-4 �mjololoo o tnlooit.n,00(ln: m,a Ln OjtOi T 0'LO O 0) N, OIm of e-1' mim�N100' MiV N� ( MI,MI MI N' OI NI W; N, N Ln, 0j LO, Lnle-i Ln 0)i O'Ln '0 00 o LnlO m! ILnILn O Ln LniLn LnitO' Ln'Ln,LnlW 01 LO101'e-1ILn wim! �I jLn i ILnILnjVlm , !ml M� { I mlm, 4N: N�mI r, r N; N! I N N Z N `, > N- ! N , N I N; j N N O N j IN I N EN N�N?tW i I INS j ;N- i iNiN? YEN (N N! j ICI I 1 N NitA N. N'VI N N!N N Nf N-N NI NIN NNiN Nr N(h N: N: N(NN N"NIN Ni Ht NNE jY ;Y IY Yj L;Y Y•Y ,Y Y Y',iY'Y!Y Y�Y i,G'Y lY,�L YI�GIYIY,iIY IY Y�Y {Y O O1 0 OI O3!�`3I O. O1 0'I O O O' O: 01 0 01 0 0,0 OI O O Oj 0 O 01 01 0, Ol 0; 0' O 04. 33�3'3i3!�!3 �! lu: uu u u1u-u _uIu_'.viu.u.0 uu,u uIulu:ululu u v(u{u ulu!,u ,L�jvlviuly u Io sly sj� :a.aFs-n lz.n flojSiis,� nl� ma's s a n'Ei-3 3 3izi.slnf�i�fs,�. O OI 7 7 7: 0 - O1 7 7 7 7 7 3 O; 7I 3 7! 7' 7! 7, m' 7 m; J 7 :31 7; 7 7 7 7 71 7 3 �,Q_ ia.! d ldld 10_ aid D-ia n.'d_id LD.IO_ D-'a_ d rd d;a. O- Imla- d(0_ID_IO.fd_�Q. 00 00 r 00 o0 o0 ! 00 00 o0 I co o0 00 " 00 c0 00 00 W �00 a0 00 ! W W Lb i W I a0 . W j 00 a0T00 W W 00 I W . W 00 W 10 oi0 O O(O O-Ol0 O O?O-O O!0 CO O O!O Oi0lO O OiO O�O!O 010 O olO'O c-i e-1 0 , HO 0. !. eti eH - e-I : 0 CD 0 I eH C . C) C) ei O ; 0 ' 0 . 0 , O O O O O C '. I i i ; I 67 z Ln 00 a) r'l m r- --I a) a < r1l Ln �l U 00 i Owl1 I H: -zt , M) u 1 r4 — 00 rj 'n M 0,010 '10i i 5; ' 5; 5; > 0 a..CL 0- CL 1 C) 0; 0 C�! C) 0 i C3 cl) 0 Ln; Ln IQ wr M; W; cn; r, 1 c� rg Ln C-i rl CO r-4 1 C-4 C-4 I C) I r-4 4 rli H ri M rn m rn m r� 00, M cn 1 0 a I 0i o 1 L,1 V) V)! Vj! Ul C, C) 0 0 C) In Ln Ln; Ln :to W11A TrOM r0V1VTV rOTTIVrff, AG NDA BILL NO. 2017-304 CLEARANCES Initial Date Date Received in Council Of ace Agenda Date Assigned to: Originator Finance Council 11 V 0124117 Division Head: OCT 17 2017 WHA11"GOM COUNTY GC)LINCIL, Dept. Head: Prosecutor: 46 1413117 Purchasing/budget: V7 Executive. A 7. TITLE OF DO Resolution Orderin�le Cancellation of Checks (warrants) More than a Year Old A TTA CHMENTS: Proposed resolution and list of unredeemed checks SEPA review required? ) Yes ) NO Should Clerk schedule a hearing? Yes NO SEPA review completed? ) Yes ) NO Requested Date: SUMMARY S TA TEMENT OR LEGAL NOTICE LA NG UA GE: (If this item is an ordinance or requires a public hearing, you must provide the language, for use in the required public notice. Be specifac and cite RCWor WCC as appropriate. Be clear in explaining the intent of the action.) This resolution orders the cancellation of checks that are over a year old and have not been presented for payment. The total amount to be cancelled is $13,869.80. COMMITTEE ACTION: COUNCIL ACTION. Related County Contract Related File Numbers: Ordinance or Resolution Number: Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.uslcouncil. WO WHATCOM COUNTY ADMINISTRATIVE SERVICES Brad Bennett, Finance Manager MEMORANDUM TO: Jack Louws, County Executive FROM: Brad Bennett, Finance Manager efi DATE: October 2, 2017 SUBJECT: Resolution to Cancel Checks (warrants) FINANCE/ACCOUNTING Whatcom County Courthouse 311 Grand Avenue, Suite #503 Bellingham, WA 98225-4082 "'r OCT 0 3 2017 JACK LOUWS COUNTY EXECUTIVE Attached is a proposed resolution to cancel unredeemed checks that are over a year old. Every year, as per RCW 36.22.100, with Council authorization, we cancel checks that have not been redeemed. These checks are stale dated but after we cancel them a payee can still request the check to be reissued. If you have any questions regarding this request, please contact Kristin Fuchs at extension 5326. Thank you. 70 SPONSORED BY: Consent PROPOSED BY: Executive INTRODUCTION DATE: October 24, 2017 RESOLUTION NO. ORDERING THE CANCELLATION OF CHECKS (WARRANTS) MORE THAN A YEAR OLD WHEREAS, the Revised Code of Washington, Section 36.22.100, states the County legislative authority shall cancel county warrants not presented within one year of the date of their issue; and, WHEREAS, Administrative Services has provided a list of checks that were issued prior to July 1, 2016 but never presented. NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that Administrative Services Finance and the Treasurer's Office are directed pursuant to RCW 36.22.100 to cancel the checks listed in Exhibit A which will adjust the funds as if such checks had never been drawn. APPROVED this day of , 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Council Clerk Barry Buchanan, Council Chair APPROVED as to form: Civil Deputy Prosecutor 71 EXHIBIT A: CANCELLATION OF CHECKS (WARRANTS) OVER ONE YEAR OLD ,--, 001 , 982497 09/22/15 09/22/15 RECONVEYANCE SERVICES INC $ (847.00) 001����986575� 11/17/15 f��11/17/15 DANIELLE C KOKER���� $���� (660.00) 001 988660 12/15/15 12/15/15 VAL WOODS $ (307.50) 001 311380 05/13/16 05/13/16 MENDOZA, SYLVIA O. $ , M..., (276.33) 001 995797 03/15/16 03/15/16 GAVIN S. VANAUSDELN $ (192.50) �001 996678 03/22/16 KATHLEEN A MILLER $� (153.96) 001 1001477 05/24/16 05/24/16 JENNIFER A RIENSTRA $ (88.90) 001 976772 07/14/15 07/14/15 DANIEL A EVANS $ (86.10) ..�.... m. �,. a ....... 001 � �N_K, 1001521 ��: ,� 05/24/16 .,., ., 4/1 05/24/16 �� . A STO� _ MARK A STONER $� 0)-i (74.00) � 001995205 � 03/08/16 �03/08/16 LANE LAW FIRM PLLC $ (73.00) 001�� 976827�07/14/15� 07/14/15 GAIL KUROMIYA� $�� (72.90) -- 001 986494 �11/17/15 11/17/15 JOAN EUCEDA $ 4 (66.00) 001 979592 08/18/15 08/18/15 DAVID L LEE $ (63.00) �001 �� 980714 DAVID KENNEDY $(63.00) 001 981395 09/08/15 09/08/15 RIKKI L HANDY $ (63.00) 001 979802 08/18/15 08/18/15 LILLIANNE D WHITEMAN $ (61.40) 001� 1001531� 05/24/16 05/24/16 JEFF S THOMAS $ (56.72) �f�001�985721 11/03/1511/03/15 RICHARD W TURNER $(54.50) �001 78783 08/11/15�08/11/15 JENNIFERJOHNSON$ (50.20) �001� 982493 09/22/15 09/22/15 NWCAD SERVICES $� (49.00) 001 992097 01/26/16 01/26/16 WSACA 001 ­994801 � �03/01/16 03/01/16 CHRISTOPHER M BROWN� ��$(46.20) 001�� 994793 03/01/16 03/01/16 MATHEW A BILDERBACK $ (40.52) 001 986615 11/17/15 11/17/15 SHANNON M MILLS $ (38.40) 001 990215�01/06/16� 01/06/16 CYNTHIA M ANDERSEN� �$(38.40) 001 989660 12/22/15 12/22/15 PHILIP F WESTFALL $ (34.15) 001--976923 07/14/15 07/14/15 JAHNESTA L STULL m m $ (33.80) 001-- 985578 - 11/03/15 - 11/03/15 JOAN EUCEDA $ (33.00) 001 978172 07/28/15 07/28/15 REBECCA A GERLACH $ (29.55) � 880717 � 09/01/15 -- 09/01/15 RICHARD PETTINGELL � � $ (29.00) �001 997562 04/12/16 04/12/16 PAMALAJ BENJAMIN $ (28.64) 001 986086 11/10/15 - - 11/10/15 AMY RYDEL� a. $ ��-� (28.41) ... 001„r.crr w'1002656 06/14/16 � �� 06/14/16YJONNI MARAVILLA-GALARZA $ M1 y(27.82) 6-o -978217 '-07/28/15 � 07/28/15 JAREN LANGE $ � (27.28) 001 985626 11/03/15 11/03/15 DANIELLE C KOKER $ (27.25) 001 991044 01/19/16 01/19/16 ALBERT HUIZENGA $ (27.25) 001 976889 07/14/15 07/14/15 DAVID RAIGUEL $ (26.90) 001 995022 03/01/16 �03/01/16 RYKER R TROTTO-FARRAR $ (26.74) 001 a 997627 04/12/161 04/12/16�MATTHEW R GATES $ (26.48) ��001���978278����07/28/15 ����07/28/15 CRAIG E PAOLI $�� (26.10) 001���� 311616��06/10/16�06/10/16 JACOBY,IILL N ����� ���� $ (25.86) _ 001 --- 1001348 � 05/24/16 05/24/16 DAVID H HOWDEN - $ (25.40) �001 996575 03/22/16 03/22/16 CHAREL M DICKINSON $ (25.12) �001 .�r.���988059� 12/09/15 12/09/15�ANNIE RACICOT $�� (25.00) 001 983459 10/06/15 1 /06/' � 10/06/15 S__ -L'_ RIS ..._,.�,, ,.----,,��� JESSICA L H_ARRIS $ $ x3 4.60) (24.60) 001 995217 03/08/16 03/08/16 YAKIMA ADJUSTMENT SVC LLC $ (23.00) 001 1002521 06/14/16 06/14/16 CYNTHIA M CRAIG $ (22.96) 001 1002672m,... .. 6 -MOUNT MOUNT BRA. Nb`6`N DO $ u Nw c(22.96) 72 EXHIBIT A: CANCELLATION OF CHECKS (WARRANTS) OVER ONE YEAR OLD issued before July 1, 2016) 001 995017 03/01/16 03/01/16 PATRICK D THOMPSON $ (22.42) 001�f ��996552 03/22/16��03/22/16 TONI KCLEMENT � $ (22.42) 001 989318 12/22/15 12/22/15 DELANO F BUSS ..rt $ (22.30) .n 30)- 0 001 994841 03/01/16 03/01/16 BERNARD R FINKBONNER $ (20.80) 001 990601 01/06/16 01/06/16 �.a� a� �,a� � JONATHAN S VANDYKEN _ ,. �m � w .ro� $ -0. (20.35) 001 �. 311290 04/29/16 04/29/16 GRIMSMO, BIRGIT $ (20.04) 001 996732 03/22/16 03/22/16 EVAN M SCHWITTER $ (19.72) 001����996632���03/22/16 -- 03/22/16 BRANDYE N HUBBS � $(18.64) 001 978053 07/28/15 07/28/15 MARCUS ASHER $ (18.05) 001 988395 12/15/15 12/15/15 BRAN DON T0MLINSON 001 976766 07/14/15 07/14/15 RONEET R DUTT $ (15.75) n ..�. 001 _. ,,.� 979365 ay�.. .,..N. 08/18/15 ���,_, 08/18/15 �� O BRIAN T ARONSON $ 75) (15.75) 001 979514 08/18/15 08/18/15 RACHEL A GREENE $ (15.75) 001 985543 11/03/15 11/03/15 MERLE E BUCKLEY mR a $ (15.75) �001 ������01/06/16 �..� �_ _ -01/06/16 SHARON F BEERMAN � � � � � � � $ (15.75) 001 990580 01/06/16 01/06/16 JEFFREY M TERPSMA $ (15.75) 001� r 994886� 03/01/16� 03/01/16 HENAN HUANG� $(15.40) 001 1001489 05/24/16 05/24/16 RANDY L SANDERS $ (15.40) 001 1002245 06/07/16 06/07/16 SPENCER THERIAULT $ (15.40) 001 L 311283 .R ,g~ 04/29/16 j.m_S 04/29/16 SMIDT, CAROLE A�1u� $ (15.32) 001 977586 07/21/15 07/21/15 �x.r.ROL VICTOR CUELLAR $ (14.60) 001 979752 08/18/15 08/18/15 FRANKLYN C THOMAS $ (14.60) m 001 985569 �11/03/15 11/03/15 ALYSALEE E DALTON � ��$ --'-'-(14.60) 988575 ��� 12/15/15�� - 12/15/15 DRJIM PEREZ$ (14.60) �1002528 06/14/16 06/14/16 BRIAN DAHL $ � �(14.32) 001 1002732 06/14/16 06/14/16 SCOTT C SANDAL $ (14.32) 001994935 03/01/16 03/01/16 SEAN E MCINNIS $�� (1_3.7_8) 001� 996526� 03/22/16 03/22/16 DEBORAH�BREWER $�� (13.78) 001 1001457 05/24/16 05/24/16 ANDREW T PHAY $ (13.78) 505 08/18/15� 08/18/15 JOHN D GILBERTSON $�� (13.45) 98848212/15/15 12/15/15 ANGELA DUNN $ (13.45)�001�989484�� 12/22/15�12/22/15 HURRAY L MARTIN$ a � �(13.45) 001 �� 889629 � � �12/ 22/15 .._ e 12/22/15 CAROL FTOTTEN .--- -��,, $�_. s - (13.45) 001 990525 01/06/16 01/06/16 KEVIN 0 ROSENHALL $ (13.45) 001 994772 03/01/16 03/01/16 ALICIA M ALLARD $ (13.24) 001 1002605� 06/14/16 06/14/16�BRADLEY W HARVEY $�� (13.24) �f001 �1002759 n 06/14/16 0_6/14/16 JAKIN D SPROUL� $(13.24) 001 �1002765 06/14/16 � 06/14/16 ANTHONY �nf J STERMITZ $ (13.24) �001ti�994829 ��03/01/16 � 03/01/16 MARC ADAVIS �"_�,.. $m�- (12.70) w 1001454 05/24/16 05/24/16 CAROL J PERRY $ (12.70) 001 1002726 06/14/16 06/14/16 ALEXANDRA S ROSVALL� $ (12.70) �001�978182f�f07/28/15 �� 07/28/15�DOUGLAS HAMILTON �$�f (12.30) 001 978630 08/04/15 08/04/15 KAYLA SCAMM_ON $ (12.30) n001,.a . 1979509 wE .. 08/18/15 , lb�T 08/18/15 JOANN_E GOLDEN- - z - $ (12.30) 001 989344 12/22/15 12/22/15 LAURIE L CLUMPNER $ (12.30) 001 990319 01/06/16 01/06/16 CYRUS L DAVIES $ (12.30) �...... .� �. 001 , m., _n � a. 996672 .�. n..Q�,, . , ' 03/22/16 3-/ 2-/ 6 03/22/16 LORETTA J MARCUS L'O T-TA' _.� . , . CUS $ �, 16), (12.16) 3/16 GENEVA A FAULKNER $ (12.16) EXHIBIT A: CANCELLATION OF CHECKS (WARRANTS) OVER ONE YEAR OLD (Checks issued before July 1, 2016) 001 1002826 06/14/16 06/14/16 RANDALL T WOLF $ (11.62) 001 994812 03/01/16 03/01/16 RACHELA CARTER $ (11.34) 001 1001193 05/24/16 05/24/16 LAURA K BACKER $ (11.08) 001 1001556 05/24/16 05/24/16 MICHAEL B WARREN $ (11.08) 001 1002667 06/14/16 06/14/16 CLAIRE M MORGAN $ (11.08) 001 w,:�� 97829607/28/15 AMANDAPURSLEY A A PUR_. LE $� (10.69) 9) 001 999694 05/03/16 -�72 05/03/16 _ EMILY WEINER $ (10.54) 001 308468 07/24/15 07/24/15 DYKSTERHUIS, EVONNE N. $ (10.34) �001 ����98456310/20/15 10/20/15 RICH COMPTON $� (10.00) �001 99301402/09/16 02/09/16 ELIZABETH L GALLERY $(4.32) �001 r,, .r_� 985566 ��11/03/15 �11/03/15 CARL E CRAVENS $ (3.45) 001 986471 11/17/15 11/17/15 CARL E CRAVENS $ (3.45) 001 999526 05/0/16 3 05/03/16 STEVEN B HARRIS tt$ (3�24) 4) 001 310498 02/05/16 02/05/16 CUEVAS, ANGELA A. $ .� (1.05) Total General Fund $..M��.�,� .(5,076.63) 108 990803 01/12/16 01/12/16 NICK (39.10) Total Road Fund $ � (39.10) 109 992097 01/26/16 01/26/16 WSACA $ (23.34) Total Election Reserve Fund $ (23.34) �124 988601� 12/15/15 12/15/15 KIMBERLY B. SCHUSTER $ (14.95) Total Behavioral Health Program Fund $ (14.95) 978980 �08/11/15 �08/11/15 GARY�S. STOYKA $ (17.75)� `Total Flood Control Zone District Fund � $ (17.75) 507�� 989535� �12/22/15��� 12/22/15� PACIFIC POWER BATTERIES $(413.06)� * "Favh Total Adminstrative Services Fund $ (413.06) Total Whatcom County $(5,584.83)w, ���607�991570�� 01/26/16� 01/26/16 PUGETSOUND ENERGY w $ (371.00)" Total Cemetery District No. 7 $ (371.00) 610 ��979063 08/18/15 "_08/18/15 WHATCOM FARMERS CO OP � $ �� �___(43.56) Total Cemetery District No. 10 $ (43.56)� 666 1001637 05/31/16 05/31/16 WHIDBEY TELECOM $ (59.72) Total Point Roberts Park and Rec $ (59.72) 671 1003998 06/28/16 06/28/16 CED INC / ALL PHASE ELECTRIC �� � $ � �(1 88.27) 671 991284 01/19/16 01/19/16 MARIYA V. LYASHENKO $ (115.76) Total Rural Library $ (254.03) �.672 ��n -997877�04/12/16� �� 16 MATTHEW SCHULTZ $ (110.08) 672 985847 11/10/15 11/10/15 LESLEY MCCONNELL Total NW Regional Council (27.05) (137.13) 74 EXHIBIT A: CANCELLATION OF CHECKS (WARRANTS) OVER ONE YEAR OLD (Checks issued before July 1, 2016) 673 997914 04/12/16 H - ro.A. /1 � ��. �...,.v�ERT,._,.,r0 04/12/16 ROBERT H., WILSN $ (50.00), Total Council of Governments $ (50.00) 701 310392 01/29/16 01/29/16 ALLEN, TROY $ (36.94) .Total Fire District No. 1�.,,,.���4�, $ (36.94) 705 982161 09/22/15 09/22/15 KYLE J WHITEMAN $ (13.00) 4Total Fire District No. S _$�(13.00) 707 1004183 06/30/16 06/30/16 WHATCOM 7 FIREFIGHTERS $ n. (6,245.14) -~.Total Fire District No. 7 �$ (6,245.14) 708� m 310121 12/31/15 12/31/15 GUDDE, NOLAN M. $ (332.46) 708 311482 05/31/16 W. 05/31/16 LEWIS, JOHN W. $ (55.27) 708 .� .._ _ .� 311817 o. -. ,. 06/30/16 rt... R 3-0 7 .'-JA — 06/30/16YORK,JAMEST. � �$� (55.27) Total Fire District No. 8 $ (443.00) 714:� 309193 09/30/15 09/30/15 MANION, KAI LYN R. $ � (18.47) w 714� 308613 07/31/15 07/31/15 TENORIO, SHAILA Y. $ (9.23) 714 309207 09/30/15 �09/30/15 VANMIDDENDORP, TYLER J. $� (6.47) _.�Total Fire District No. 14.$„ (34.17)� m tl 716^ x 1311155eXT 04/29/16Y 04/29/16 ASH, CASEY J. $ (6.47) Total Fire District No. 16 $.�.w� (6.47) 717 311452 05/31/16� 05/31/16 AKERS,�GLEN K. $ (18.47) Total Fire District No. 17 $�,,.��.��.�eb (18.47)a 718Ty309788 11/30/15 11/30/15 JOHNSON,�MARCUSA. $ (254.89) �718 996239 03/22/16 03/22/16 ELSA & CO PHOTOGRAPHY��$ (100.00) 718 311810 06/30/16 06/30/16 HAWKINS, JOHN P. $ (46.17) Total Fire District No. 18 „$ (401.06), 752 �980318 08/25/15 08/25/15 TYLER J. HANON $ (64.00) 752 ��311219 04/29/16 04/29/16 SWANSON, RONALD E $ (31.86) Total South Whatcom Fire Authority $ (95.86) 814 310156 12/31/15 12/31/15 ROSTEN, RANDALLJ. $ (15.42) Total Glacier Water District No. 14 $ (15.42) 819 99338402/16/16 02/16/16 PARADISE MARKET $ (30.00) - 02/23/16� 02/23/16 PARADISE MARKET � � $ (30.00) �,� Total Columbia Water District $ (60.00) a Total District Funds $K.�u,uw,e (8,284.97) Total All Funds $ (13,869.80) 75 WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2017-297 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 0912912017 1011012017 Intro (f �) t. 't . �/� �� (( T1 F__ (�J� i 1 �� I- Finance Committee; Division Head: . r `� 0CT 3 2017 WHP ,.GOM COUNTY COUNCIL 1012412017 Council Dept. Head: 0912912017 Prosecutor: L l® 02 17 Purchasing/Budget: f Executive: 06K I 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: S UMMA R Y S TA 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.) 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. 10/10/2017: 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. Qel SPONSORED BY: Executive Louws PROPOSED BY: Executive Louws INTRODUCTION DATE: 10/10/2017 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: 0_aolax hA,07V Daniel Gibson, Chief Civil Deputy Prosecutor Page 1 () Approved () Denied Jack Louws, County Executive 77 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. PROVIDING A SAFE WORKPLACE & PREVENTING ACCIDENTS ................. . 3 .......... ................... .............. ............... . ............. .............. ........................ ........................... ................ - Preventing Accidents - Department Heads' Responsibilities ............. . 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 ..... ....... REPORTINGUNSAFE CONDITIONS ........................................ 9 MANAGING FIRST AID READINESS .......................................... ............. ........... 10 ................... ............................................ - .................................... ........................................... ........................................ ...................................... ............. ............. ......................... PREVENTING EXPOSURE TO BLOODBORNE PATHOGENS ....................... 11 .............. ..................... .......... ...................... .................................. - ................ .............. ........................... ............ - ............ PREVENTING HEAT -RELATED ILLNESS ....................................... 12 ................................ ................ ................ ................... .......... ................................. ...................... ........... ............... - .................. ....................... - ......... . ..................... RESPONDING TO EMERGENCIES ........................................... .............. 13 1 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 .......... . 79 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 - AD344. 0A 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 - AD344 00 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. 3 la)il�l1 i_ 1'( �V�.,1i ,; t'T't 1 0 TASK Preventing Accidents - Employees -- AD3441r, 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. POSTING SAFETY INFORMATION - AD14412OZ This policy applies to all County departments. 1. Department Heads Install and Maintain Safety Bulletin Boards The Department Head or designee will install a Safety 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 r ,.(; �i < ,Ci ', ,1. �i y 'Cl' t) `� �i,i ;r1 { 81 • 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 • Forjobs 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. 82 FORMING A SAFETY COMMITTEE - AD144:L40_7_ 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 wil 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: M • 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. n { iLAY'i i ' iu ir;7 } r Y 83 USING EQUIPMENT SAFELY - AD1441,507 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. S. 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 fL_a.bo( & ndustries ---Personal ,_ro_tecrive,' q rr'omerx (,'IP) Uukle p 84 IDENTIFYING &. USING HAZARDOUS CHEMICALS - ADI44160 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 6 . 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 Iniuryalness 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. 85 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 Equipment 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: • IniuryAllness 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 �OS,HA � �cir'e n r Invest,carions_ y Guide for moio�ers REPORTING UNSAFE CONDITIONS - AD144220Z 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 86 MANAGING FIRST AID READINESS m .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. 1., 87 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 296-823 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 PREVENTING HEAT -RELATED ILLNESS - AD14435 Z 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. 89 RESPONDING TOEMERGENCIES from Emergency Policies & Procedures TASK Evacuating Buildings for Emergencies & Drills- Employees - AD31050 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. - , . 3 f 0 TASK Responding to Earthquakes - Employees - AD310 6 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. 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 - AD310570B 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 ,.. ' i ( lin i ;: i ,,,;t i k11+?t);l i r{- ra it 91 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 - � a 3105 0 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 92 ion P­ograrn WHA TCOM COUNTY COUNCIL AGENDA BILL NO. 2017-305 CLEARANCES Initial Date Date Received in Council Wice Agenda Date Assigned to: Originator: FB Af 1010612017 V IL 17 2017 1012412017 Finance J Council Division Head: --j lo-G-P Dept. Head: •OCT Prosecutor: WHATCOM COUNTY Purchasing/Budget: (30UNCIL Executive: �O I V -7. TITLE OF D 2017 Emergency Management Performance Grant (E MPG), Contract # El 8-066 ATTACHMENTS. Two originals of the 2016EMPG Contract# E18-066 Whatcom County Contract Information Sheet Supporting Memo 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 RCWor WCCas appropriate. Be clear in explaining the intent of the action.) To enter into a contract with the Washington State Military Department to sustain and enhance the Whatcom County Sheriff's Office Division of Emergency Management program, with funding from the US Department of Homeland Security Emergency Management Performance Grant (EMPG) program, CFDA# 97.042, in the amount of $72,508. 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.uslcounc 01 HATCO it COUNTY SHERIFF'S OFF( ICE BILL, ELFO SHERIFF PUBLIC SAFETY BUILDING 311 Grand Avenue Bellingham, WA 98225-4078 (360) 676-6650 To a mold Subject: Date: MEMO Jack Louws, Whatcom County Executive Sheriff Bill Elfo, Director John Gargett, Deputy Directo Sheriff's Office Division of Emergency Management JFFPARX UNDERSHERIFF ART EDGE CHIEF DEPUTY DO G CAI DVVICX CHIEF DEPUTY STEVE COO= C14IEF INSPECTOR WE;-T\fDY JONES CHIEF OF CORRECTIONS 2017 Emergency Management Performance Grant (EMPG) JACK LOUWS COUNTY EXECUTIVE October 6, 2017 Enclosed are two originals of the 2017 Emergency Management Performance Grant (EMPG) between Whatcom County Sheriff's Office Division of Emergency Management and the Washington State Military Department for your review and signature. Also included are the Whatcom County Council Agenda Bill, Contract Information Sheet, W-9 Form, Signature Authorization Form, Debarment Certification Form, FFATA Form, and the 2 CFR Part 200 Subpart F Audit Certification Form for your signature. • Background and Purpose The US Department of Homeland Security Emergency Management Performance Grant (EMPG) provides funds to local jurisdictions and tribes with emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. EMPG funds are awarded annually. The EMPG Scope of Work includes deliverable activities routinely performed by the Division of Emergency Management in compliance with WAC 118-30, RCW 38.52, and Whatcom County Code 2.40. DEM's Coordinator FTE is funded by this grant. The $72,508 local match will be met from WCSO-DEM's existing budget authorization with the salary and benefits expenses of one of the Program Specialist FTEs. The performance period runs from June 1, 2017 through August 31, 2018. • Funding Amount and Source $72,508 from the US Department of Homeland Security 2017 Emergency Management Performance Grant (EMPG), through the Washington State Military Department, Grant Agreement Number E18-066, CFDA# 97.042 (17EMPG). Please contact John Gargett (778-7160) or Frances Burkhart (778-7161) if you have any questions or concerns regarding this contract. Encl. Our Vision:9 e Office of Sheriff: Dedicated to malting Whatcom County the .Safest in the State through Excellence in Public Safety. WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET a 0 1-7 /®® 0 5- Originatin Department: Sheriff's Office Division/Program: (i.e. Dept. Division and Program) Division of Emergency Management Contract or Grant Administrator: John Gargett Contractor's / Agency Name: Washington State Military Department Is this a New Contract? If not, is this an Amendment or Renewal to an Existing Contract? Yes ❑ No ❑ Yes ® No ❑ If Amendment or Renewal, (per WCC 3.08.100 (a)) Original Contract #: Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ® No ❑ If yes, grantor agency contract number(s): E 18-066 _ CFDA#: 97.042 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: 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 $ 72,508.00 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. 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: To assist Whatcom County Sheriff's Office Division of Emergency Management in preparing for all hazards through sustainment and enhancement of its programs. Term of Contract: 15 months Expiration Date: 08/31/2018 Contract Routing: 1. Prepared by: FBurkhart 2. Attorney signof - 3. AS Finance reviewed: �>• ° �r 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: Uate: 10/06/201 / Date: Date: Date: Date: Date: /as /a-17 Date: Date: Date: Last edited 10/31/16 95 Washington State Military Department 3 a 01 EMERGENCY MANAGEMENT PERFORMANCE GRANT AGREEMENT FAIGE.SH�E� µ 1. Subrecipient Name and Address: 2. Grant Agreement Amount: 3. Grant Agreement Number: Whatcom County Sheriffs Office $72,608 E18-066 Division of Emergency Management Public Safety Building 311 Grand Avenue Bellingham, WA 98226-4048 4. Subrecipient Contact, phone/email: 5. Grant Agreement Start Date: 6. Grant Agreement End Date: Frances Burkhart, (360) 778-7161 fburkhar@co.whatcom.wa.us June 1, 2017 August 31, 2018 7. Department Contact, phone/email: 8. Data Universal Numbering System (DUNS): 9. UBI # (state revenue): Zoie Choate, (253) 512-7461 zoie.choate@mil.wa.gov 060044641 371-010-246 10. Funding Authority: Washington State Military Department (the "DEPARTMENT") and the U.S. Department of Homeland Security (DHS) 11. Federal Funding Identification #: 12. Federal Award Date: 13. Catalog of Federal Domestic Assistance (CFDA) # & Title: EMS-2017-EP-00004-S01 08/24/2017 1 97.042 17EMPG 14. Total Federal Amount #: 15. Program Index # & OBJ/SUB-OBJ: 16. TIN: $7,306,624 773PT NZ I N/A 17. Service Districts: 18. Service Area by County(ies): 19. Women/Minority-Owned, State (BY LEGISLATIVE DISTRICT): 40,42 Whatcom Certified?: X N/A ❑ NO (BY CONGRESSIONAL DISTRICT): 2 ❑ YES, OMWBE # 20. Agreement Classification 21. Contract Type (check all that apply): ❑ Personal Services ❑ Client Services X Public/Local Gov't ❑ Contract X Grant X Agreement ❑ Research/Development ❑ A/E ❑ Other ❑ Intergovernmental (RCW 39.34) ❑ Interagency 22. Subrecipient Selection Process: 23. Subrecipient Type (check all that apply) X "To all who apply & qualify" ❑ Competitive Bidding ❑ Private Organization/Individual ❑ For -Profit ❑ Sole Source ❑ A/E RCW ❑ N/A X Public Organization/Jurisdiction ❑ Non -Profit ❑ Filed w/OFM? ❑ Advertised? ❑ YES ❑NO ❑ CONTRACTOR X SUBRECIPIENT ❑ OTHER 24. PURPOSE & DESCRIPTION: The purpose of the Fiscal Year (FY) 2017 Emergency Management Performance Grant (17EMPG) is to provide U.S. Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA) Federal award funds to local jurisdictions and tribes with emergency management programs to assist in preparing for all hazards through sustainment and enhancement of those programs as described in the Work Plan. The Department is the Recipient and Pass -through Entity of the 17EMPG Award EMS-2017-EP-00004-S01, which is incorporated in and attached hereto as Attachment #1, and has made a subaward of Federal award funds to the Subrecipient pursuant to this Agreement. The Subrecipient is accountable to the Department for use of Federal award funds provided under this Agreement and the associated matching funds. IN WITNESS WHEREOF, the Department and .Subrecipient acknowledge and accept the terms of this Agreement, including all referenced Exhibits and Attachments which are hereby incorporated in and made a part hereof, and have executed this Agreement as of the date below. This Agreement Face Sheet; Special Terms & Conditions (Exhibit A); General Terms and Conditions (Exhibit B); Work Plan (Exhibit C); Timeline (Exhibit D); Budget (Exhibit E); and all other documents, exhibits and attachments expressly referenced and incorporated herein contain all the terms and conditions agreed upon by the parties and govern the rights and obligations of the parties to this Agreement. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. In the event of an inconsistency in this Agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable Federal and State Statutes and Regulations 4. Special Terms and Conditions 2. DHS/FEMA Award and program documents 5. General Terms and Conditions, and, 3. Work Plan 6. Other provisions of the Agreement incorporated by reference WHEREAS, the parties hereto have executed this Agreement on the day and year last specified below. FOR THE DEPARTMENT: FOR THE SUBRECIPIENT: Signature Date Signature Date Dan Swisher, Chief Financial Officer hatcom C Exe ative y Washington State Military Department 0 BOILERPLATE APPROVED AS TO FORM: Sig ate (Signature on file 9/12/2017) Bill Elfo, Whatcom County Sheriff Brian E. Buchholz, Sr. Assistant Attorney General APPROV7ED�� Ajj..S,, TO FORM (if applicable): j p Whatcom 6 u� my CiViil Deputy Prosecutor' Date DHS-FEMA-EMPG-FY 17 Form 05/12/2015 Page 1 of 37 Whatcom County, E18-066 99 Exhibit A SPECIAL TERMS AND CONDITIONS ARTICLE I. KEY PERSONNEL The individuals listed below shall be considered key personnel for point of contact under this Agreement. Any substitution of key personnel by either party shall be made by written notification to the current key personnel. SUBRECIPIENT MILITARY DEPARTMENT Name Frances Burkhart Name Zoie Choate Title Program Specialist Title Program Coordinator E-Mail fburkhar@co.whatcom.wa.us E-Mail zoie.choate@mil.wa.gov Phone 360-778-7161 Phone 253-512-7461 Name Bill Elfo Name Tirzah Kincheloe Title Sheriff/EM Director Title Program Manager E-Mail belfo@co.whatcom.wa.us E-Mail tirzah.kincheloe@mil.wa.gov Phone 360-778-6600 Phone 253-512-7456 Name John Gargett Name Dalton Gamboa Title Deputy Director Title Program Assistant E-Mail jgargett@co.whatcom.wa.us E-Mail dalton.gamboa@mil.wa.gov Phone 360-778-7160 Phone 253-512-7044 ARTICLE 11. ADMINISTRATIVE AND/OR FINANCIAL REQUIREMENTS The Subrecipient shall comply with all applicable state and federal laws, rules, regulations, requirements and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 17EMPG Program, including, but not limited to, all criteria, restrictions, and requirements of the "Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year (FY) 2017 Emergency Management Performance Grant (EMPG)" document, the DHS Award Letter for Grant No. EMS-2017-EP-00004-S01, and the federal regulations commonly applicable to DHS/FEMA grants, all of which are incorporated herein by reference. The DHS Award Letter is incorporated in this Agreement as Attachment 1. The Subrecipient acknowledges that since this Agreement involves federal award funding, the period of performance described herein may begin prior to the availability of appropriated federal funds. The Subrecipient agrees that it will not hold the Department, the State of Washington, or the United States liable for any damages, claim for reimbursement, or any type of payment whatsoever for services performed under this Agreement prior to distribution of appropriated federal funds, or if federal funds are not appropriated or in a particular amount. A. STATE AND FEDERAL REQUIREMENTS FOR DHS/FEMA PREPAREDNESS GRANTS: The following requirements apply to all DHS/FEMA Preparedness Grants administered by the Department. 1. SUBAWARDS & CONTRACTS BY SUBRECIPIENT a. The Subrecipient must make a case -by -case determination whether each agreement it makes for the disbursement of 17EMPG funds received under this Agreement casts the party receiving the funds in the role of a subrecipient or contractor in accordance with 2 CFR 200.330, b. If the Subrecipient becomes a pass -through entity by making a subaward to a non-federal entity as its subrecipient: i. The Subrecipient must comply with all federal laws and regulations applicable to pass -through entities of 17EMPG funds, including, but not limited to, those contained in 2 CFR 200. ii. The Subrecipient shall require its subrecipient to comply with all applicable state and federal laws, rules, regulations, requirements, and program guidance identified or referenced in this Agreement and the informational documents published by DHS/FEMA applicable to the 17EMPG Program, including, but not DHS-FEMA-EMPG-FY 17 Page 2 of 37 Whatcom County, E18-066 97 limited to, all criteria, restrictions, and requirements of the "Department of Homeland Security (DHS) Notice of Funding Opportunity (NOFO) Fiscal Year 2017 Emergency Management Performance Grant (EMPG)" document, the DHS Award Letter for Grant No. EMS-2017-EP-00004-S01 in Attachment 1, and the federal regulations commonly applicable to DHS/FEMA grants. iii. The Subrecipient shall be responsible to the Department for ensuring that all 17EMPG federal award funds provided to its subrecipient are used in accordance with applicable federal and state statutes and regulations, and the terms and conditions of the federal award set forth in Attachment 1 of this Agreement. 2. BUDGET & REIMBURSEMENT a. Within the total Grant Agreement Amount, travel, sub -contracts, salaries, benefits, printing, equipment, and other goods and services or other budget categories will be reimbursed on an actual cost basis unless otherwise provided in this Agreement. b. The maximum amount of all reimbursement requests permitted to be submitted under this Agreement, including the final reimbursement request, is limited to and shall not exceed the total Grant Agreement Amount. C. If the Subrecipient chooses to include indirect costs within the Budget (Exhibit E), an indirect cost rate agreement negotiated between the federal cognizant agency for indirect costs and the Subrecipient establishing approved indirect cost rate(s) as described in 2 CFR 200.414 and Appendix VII to 2 CFR 200 must be submitted to the Department. However, under 2 CFR 200.414(f), if the Subrecipient has never received a negotiated indirect cost rate agreement establishing federally negotiated rate(s), the Subrecipient may negotiate a rate with the Department or charge a de minimis rate of 10% of modified total direct costs. The Subrecipient's actual indirect cost rate may vary from the approved rate, but must not exceed the approved negotiated indirect cost rate percentage for the time period of the expenditures. If a Subrecipient chooses to charge the 10% de minimis rate, but did not charge indirect costs to previous subawards, a request for approval to charge indirect costs must be submitted to the Department Key Personnel for approval with an explanation for the change. d. For travel costs, the Subrecipient shall comply with 2 CFR 200.474 and should consult their internal policies, state rates set pursuant to RCW 43.03.050 and RCW 43.03.060 as now existing or amended, and federal maximum rates set forth at http://www.gsa.-gov, and follow the most restrictive. If travel costs exceed set state or federal limits, travel costs shall not be reimbursed without written approval by Department Key Personnel. e. Reimbursement requests will include a properly completed State A-19 Invoice Form and Reimbursement Spreadsheet (in the format provided by the Department) detailing the expenditures for which reimbursement is sought. Reimbursement requests must be submitted to Reimbursements(@-mil.wa.gov no later than the due dates listed within the Timeline (Exhibit D), but not more frequently than monthly. Reimbursement request totals should be commensurate to the time spent processing by the Subrecipient and the Department. If the reimbursement request isn't substantial enough, the Subrecipient should request prior written approval from Department Key Personnel to waive the due date in the Timeline (Exhibit D) and instead submit those costs on the next scheduled reimbursement due date contained in the Timeline. f. Receipts and/or backup documentation for any approved items that are authorized under this Agreement must be maintained by the Subrecipient consistent with record retention requirements of this Agreement and be made available upon request by the Department and auditors. g. Any request for extension of a due date in the Timeline (Exhibit D) will be treated as a request for Amendment of the Agreement and must be submitted to the Department Key Personnel sufficiently in advance of the due date to provide adequate time for Department DHS-FEMA-EMPG-FY 17 Page 3 of 37 Whatcom County, E18-066 review and consideration, and can be granted or denied within the Department's sole discretion. h. All work under this Agreement must end on or before the Grant Agreement End Date, and the final reimbursement request must be submitted to the Department within 45 days after the Grant Agreement End Date, except as otherwise authorized by written amendment of this Agreement and issued by the Department. i. No costs for purchases of equipment/supplies will be reimbursed until the related equipment/supplies have been received by the Subrecipient, its contractor, or any non- federal entity to which the Subrecipient makes a subaward and is invoiced by the vendor. j. Failure to timely submit complete reports and reimbursement requests as required by this Agreement (including, but not limited to, those reports in the Timeline) will prohibit the Subrecipient from being reimbursed until such complete reports and reimbursement requests are submitted and the Department has had reasonable time to conduct its review. k. Final reimbursement requests will not be approved for payment until the Subrecipient is current with all reporting requirements contained in this Agreement. I. A written amendment will be required if the Subrecipient expects cumulative transfers to budget categories, as identified in the Budget (Exhibit E), to exceed 10% of the Grant Agreement Amount. Any changes to budget category totals not in compliance with this paragraph will not be reimbursed without approval from the Department. M. Subrecipients shall only use federal award funds under this Agreement to supplement existing funds, and will not use them to replace (supplant) non-federal funds that have been budgeted for the same purpose. The Subrecipient may be required to demonstrate and document that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. 3. REPORTING a. With each reimbursement request, the Subrecipient shall report how the expenditures, for which reimbursement is sought, relate to the Work Plan (Exhibit C) activities in the format provided by the Department. b. With the final reimbursement request, the Subrecipient shall submit to the Department Key Personnel a final report describing all completed activities under this Agreement. C. In conjunction with the final report, the Subrecipient shall submit a separate report detailing how the EMPG Training and Exercise requirements were met for all personnel funded by federal or matching funds under this Agreement. d. The Subrecipient shall comply with the Federal Funding Accountability and Transparency Act (FFATA) and related OMB Guidance consistent with Public Law 109-282 as amended by section 6202(a) of Public Law 110-252 (see 31 U.S.C. 6101 note) and complete and return to the Department the FFATA Form located at http://mil.wa.gov/emergency- management-division/grants/reguiredgrantforms, which is incorporated by reference and made a part of this Agreement. e. The Subrecipient shall participate in the State's annual capabilities assessment for the State Preparedness Report. 4. EQUIPMENT AND SUPPLY MANAGEMENT a. The Subrecipient and any non-federal entity to which the Subrecipient makes a subaward shall comply with 2 CFR 200.318 — 200.326 when procuring any equipment or supplies under this Agreement, 2 CFR 200.313 for management of equipment, and 2 CFR 200.314 for management of supplies, to include, but not limited to: Upon successful completion of the terms of this Agreement, all equipment and supplies purchased through this Agreement will be owned by the Subrecipient, or a recognized non-federal entity to which the Subrecipient has made a subaward, for which a contract, subrecipient grant agreement, or other means of legal transfer of ownership is in place. DHS-FEMA-EMPG-FY 17 Page 4 of 37 Whatcom County, E18-066 • • ii. All equipment, and supplies as applicable, purchased under this Agreement will be recorded and maintained in the Subrecipient's inventory system. iii. Inventory system records shall include: A. description of the property B. manufacturer's serial number, model number, or other identification number C. funding source for the equipment, including the Federal Award Identification Number (FAIN) D. Catalog of Federal Domestic Assistance (CFDA) number E. who holds the title F. acquisition date G. cost of the equipment and the percentage of federal participation in the cost H. location, use and condition of the equipment at the date the information was reported I. disposition data including the date of disposal and sale price of the property. iv. The Subrecipient shall take a physical inventory of the equipment, and supplies as applicable, and reconcile the results with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the records shall be investigated by the Subrecipient to determine the cause of the difference. The Subrecipient shall, in connection with the inventory, verify the existence, current utilization, and continued need for the equipment. V. The Subrecipient shall be responsible for any and all operational and maintenance expenses and for the safe operation of their equipment and supplies including all questions of liability. The Subrecipient shall develop appropriate maintenance schedules and procedures to ensure the equipment, and supplies as applicable, are well maintained and kept in good operating condition. vi. The Subrecipient shall develop a control system to ensure adequate safeguards to prevent loss, damage, and theft of the property. Any loss, damage, or theft shall be investigated and a report generated and sent to the Department. vii. The Subrecipient must obtain and maintain all necessary certifications and licenses for the equipment. viii. If the Subrecipient is authorized or required to sell the property, proper sales procedures must be established and followed to ensure the highest possible return. A. For disposition, if upon termination or at the Grant Agreement End Date, when original or replacement supplies or equipment acquired under a federal award are no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, the Subrecipient must comply with the following procedures: DHS-FEMA-EMPG-FY 17 B. For Supplies: If there is a residual inventory of unused supplies exceeding $5,000 in total aggregate value upon termination or completion of the project or program and the supplies are not needed for any other federal award, the Subrecipient must retain the supplies for use on other activities or sell them, but must, in either case, compensate the federal government for its share. The amount of compensation must be computed in the same manner as for equipment. Page 5 of 37 Whatcom County, E18-066 100 For Equipment: 1) Items with a current per -unit fair -market value of $5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to the federal awarding agency. 2) Items with a current per -unit fair -market value in excess of $5,000 may be retained or sold. The Subrecipient shall compensate the federal awarding agency in accordance with the requirements of 2 CFR 200.313 (e) (2) ix. Records for equipment shall be retained by the Subrecipient for a period of six years from the date of the disposition, replacement, or transfer. If any litigation, claim, or audit is started before the expiration of the six -year period, the records shall be retained by the Subrecipient until all litigation, claims, or audit findings involving the records have been resolved. b. The Subrecipient shall comply with the Department's Purchase Review Process, which is incorporated by reference and made part of this Agreement. No reimbursement will be provided unless the appropriate approval has been received. C. Allowable equipment categories for the EMPG Program are listed on the Authorized Equipment List (AEL) located on the FEMA website at http://www.fema.gov/authorized- equipment-list. It is important the Subrecipient and any non-federal entity to which the Subrecipient makes a subaward regard the AEL as an authorized purchasing list identifying items allowed under the specific grant program, and includes items that may not be categorized as equipment according to the federal, state, local, and tribal definitions of equipment. The Subrecipient is solely responsible for ensuring and documenting purchased items under this Agreement are authorized as allowed items by the AEL at time of purchase. If the item is not identified on the AEL as allowable under EMPG, the Subrecipient must contact the Department Key Personnel for assistance in seeking FEMA approval prior to acquisition. d. Unless expressly provided otherwise, all equipment must meet all mandatory regulatory and/or DHS/FEMA adopted standards to be eligible for purchase using federal award funds. e. The Subrecipient must pass on equipment and supply management requirements that meet or exceed the requirements outlined above to any non-federal entity to which the Subrecipient makes a subaward under this Agreement. 5. ENVIRONMENTAL AND HISTORICAL PRESERVATION a. The Subrecipient shall ensure full compliance with the DHS/FEMA Environmental Planning and Historic Preservation (EHP) program. EHP program information can be found at https://www.fema.gov/office-environmental-planning-and-historic-preservation, all of which are incorporated in and made a part of this Agreement. b. Projects that have historical impacts or the potential to impact the environment, including, but not limited to, construction of communication towers; modification or renovation of existing buildings, structures and facilities; or new construction including replacement of facilities, must participate in the DHS/FEMA EHP review process prior to initiation. Modification of existing buildings, inc)uding minimally invasive improvements such as attaching monitors to interior walls, and training or exercises occurring outside in areas not considered previously disturbed, also require a DHS/FEMA EHP review before project initiation. C. The EHP review process involves the submission of a detailed project description that includes the entire scope of work, including any alternatives that may be under consideration, along with supporting documentation so FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. DHS-FEMA-EMPG-FY 17 Page 6 of 37 Whatcom County, E18-066 101 d. The Subrecipient agrees that to receive any federal preparedness funding, all EHP compliance requirements outlined in applicable guidance must be met. The EHP review process must be completed and approval received by the Subrecipient before any work is started for which reimbursement will be later requested. Expenditures for projects started before completion of the EHP review process and receipt of approval by the Subrecipient will not be reimbursed. 6. PROCUREMENT a. The Subrecipient shall comply with all procurement requirements of 2 CFR Part 200.318 through 200.326 and as specified in the General Terms and Conditions, Exhibit B, A.9. b. For all sole source contracts expected to exceed $150,000, the Subrecipient must submit to the Department for pre -procurement review and approval the procurement documents, such as requests for proposals, invitations for bids and independent cost estimates. This requirement must be passed on to any non-federal entity to which the Subrecipient makes a subaward, at which point the Subrecipient will be responsible for reviewing and approving sole source justifications of any non-federal entity to which the Subrecipient makes a subaward. 7. SUBRECIPIENT MONITORING a. The Department will monitor the activities of the Subrecipient from award to closeout. The goal of the Department's monitoring activities will be to ensure that agencies receiving federal pass -through funds are in compliance with this Agreement, federal and state audit requirements, federal grant guidance, and applicable federal and state financial regulations, as well as 2 CFR Part 200 Subpart F. b. To document compliance with 2 CFR Part 200 Subpart F requirements, the Subrecipient shall complete and return to the Department the "2 CFR Part 200 Subpart F Audit Certification Form" located at http://mil.wa.gov/emergency-management- division/grants/requiredgrantforms with the signed Agreement and each fiscal year thereafter until the Agreement is closed, which is incorporated by reference and made a part of this Agreement. C. Monitoring activities may include, but are not limited to: i. review of financial and performance reports ii. monitoring and documenting the completion of Agreement deliverables iii. documentation of phone calls, meetings, a -mails and correspondence iv. review of reimbursement requests and supporting documentation to ensure allowability and consistency with Agreement work plan, budget, and federal requirements V. observation and documentation of Agreement related activities, such as exercises, training, funded events, and equipment demonstrations vi. on -site visits to review equipment records and inventories, to verify source documentation for reimbursement requests and performance reports, and to verify completion of deliverables. The Subrecipient is required to meet or exceed the monitoring activities, as outlined above, for any non-federal entity to which the Subrecipient makes a subaward as a pass - through entity under this Agreement. e. Compliance will be monitored throughout the performance period to assess risk. Concerns will be addressed through a Corrective Action Plan. 8. LIMITED ENGLISH PROFIENCY (CIVIL RIGHTS ACT OF 1964 TITLE VI) a. The Subrecipient must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that subrecipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. DHS-FEMA-EMPG-FY 17 Page 7 of 37 Whatcom County, E18-066 102 Providing meaningful access for persons with LEP may entail providing language assistance services, including oral interpretation and written translation. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (August 11, 2000), requires federal agencies to issue guidance to recipients, assisting such organizations and entities in understanding their language access obligations. DHS published the required recipient guidance in April 2011, DHS Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 76 Fed. Reg. 21755-21768, (April 18, 2011). The Guidance provides helpful information such as how a recipient can determine the extent of its obligation to provide language services, selecting language services, and elements of an effective plan on language assistance for LEP persons. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance at https://www.dhs.goy/guidance-published-help- department-supported-organizations-provide-meaningful-access-people-limited and additional resources on http://wvfw.lep.gov. 9. NIMS COMPLIANCE a. The National Incident Management System (NIMS) identifies concepts and principles that answer how to manage emergencies from preparedness to recovery regardless of their cause, size, location, or complexity. NIMS provides a consistent, nationwide approach and vocabulary for multiple agencies or jurisdictions to work together to build, sustain, and deliver the core capabilities needed to achieve a secure and resilient nation. b. Consistent implementation of NIMS provides a solid foundation across jurisdictions and disciplines to ensure effective and integrated preparedness, planning, and response. NIMS empowers the components of the National Preparedness System, a requirement of Presidential Policy Directive 8, to guide activities within the public and private sector and describes the planning, organizational activities, equipping, training and exercising needed to build and sustain the core capabilities in support of the National Preparedness Goal. C. In order to receive Federal Fiscal Year 2017 federal preparedness funding, to include EMPG, the Subrecipient will ensure all NIMS objectives have been initiated and/or are in progress toward completion. NIMS Implementation Objectives are located at https://www.fema.gov/media-library/assets/documents/130743. B. EMPG PROGRAM SPECIFIC REQUIREMENTS 1. The Department receives EMPG Program funding from DHS/FEMA, which is provided to assist state, local, and tribal governments to enhance and sustain all -hazards emergency management capabilities as authorized by Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. §§ 5121 et seq.) and Section 662 of the Post Katrina Emergency Management Act (6 U.S.C. § 762). 2. A portion of the 17EMPG is passed through to local jurisdictions and tribes with emergency management programs to supplement their local/tribal operating budgets to help sustain and enhance emergency management capabilities pursuant to Washington Administrative Code (WAC) 118-09. 3. The Subrecipient shall use the EMPG funds authorized under this Agreement only to perform tasks as described in the Work Plan of the Subrecipient's application for funding, as approved by the Department and incorporated into this Agreement. 4. Funding may not be used to replace or supplant existing local or tribal government funding of emergency management programs 5. The Subrecipient shall provide a fifty percent match of $72,508 of non-federal origin. To meet matching requirements, the Subrecipient cash matching contributions must be considered reasonable, allowable, allocable, and necessary under the grant program and must comply with all Federal requirements and regulations, including, but not limited to, 2 CFR Part 200. An DHS-FEMA-EMPG-FY 17 Page 8 of 37 Whatcom County, E18-066 103 appropriate mechanism must be in place to capture, track, and document matching funds. In the final report, the Subrecipient shall identify how the match was met and documented. 6. All personnel funded in any part through federal award or matching funds under this Agreement shall: a. participate in no less than three exercises in a 12-month period. The Subrecipient will report exercise participation along with the final report; b. complete and record proof of completion for the NIMS training requirements outlined in the NIMS Training Program located at https://www.fema.gov/pdf/emergency/nims/nims training proaram.pdf (to include ICS 100, ICS 200, IS 700, and IS 800 for most personnel). The Subrecipient will report training course completion by individual personnel along with the final report; and C. complete either (1) the FEMA Professional Development Series IS 120, IS 230, IS 235, IS 240, IS 241, IS 242, and IS 244, or (2) the National Emergency Management Basic Academy. The Subrecipient will report training course completion by individual personnel along with the final report. C. DHS TERMS AND CONDITIONS As a subrecipient of 17EMPG program funding, the Subrecipient shall comply with all applicable DHS terms and conditions of the 17EMPG Award Letter and its incorporated documents for DHS Grant No. EMS-2017-EP-00004-S01, which are incorporated and made a part of this Agreement as Attachment 1. DHS-FEMA-EMPG-FY 17 Page 9 of 37 Whatcom County, E18-066 104 Exhibit B Washington State Military Department GENERAL TERMS AND CONDITIONS Department of Homeland Security (DHS)/ Federal Emergency Management Agency (FEMA) Grants A.1 DEFINITIONS As used throughout this Agreement, the terms will have the same meaning as defined in 2 CFR 200 Subpart A (which is incorporated herein by reference), except as otherwise set forth below: a. "Agreement" means this Grant Agreement. b. "Department" means the Washington State Military Department, as a state agency, any division, section, office, unit or other entity of the Department, or any of the officers or other officials lawfully representing that Department. The Department is a recipient of a federal award directly from a federal awarding agency and is the pass -through entity making a subaward to a subrecipient under this Agreement. C. "Subrecipient" when capitalized is primarily used throughout this Agreement in reference to the non-federal entity identified on the Face Sheet of this Agreement that has received a subaward from the Department. However, the definition of "subrecipient" is the same as in 2 CFR 200.93 for all other purposes. d. "Monitoring Activities" means all administrative, financial, or other review activities that are conducted to ensure compliance with all state and federal laws, rules, regulations, authorities and policies. e. "Investment" means the grant application submitted by the Subrecipient describing the project(s) for which federal funding is sought and provided under this this Agreement. Such grant application is hereby incorporated into this Agreement by reference. A.2ADVANCE PAYMENTS PROHIBITED The Department shall make no payments in advance or in anticipation of goods or services to be provided under this Agreement. Subrecipient shall not invoice the Department in advance of delivery and invoicing of such goods or services. A.3 AMENDMENTS AND MODIFICATIONS The Subrecipient or the Department may request, in writing, an amendment or modification of this Agreement. However, such amendment or modification shall not be binding, take effect or be incorporated herein until made in writing and signed by the authorized representatives of the Department and the Subrecipient. No other understandings or agreements, written or oral, shall be binding on the parties. AA AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, 42 U.S.C. 12101 ET SEQ. AND ITS IMPLEMENTING REGULATIONS ALSO REFERRED TO AS THE "ADA" 28 CFR Part 35. The Subrecipient must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunication. A.5 ASSURANCES The Department and Subrecipient agree that all activity pursuant to this Agreement will be in accordance with all the applicable current federal, state and local laws, rules and regulations. A.6 CERTIFICATION REGARDING DEBARMENT SUSPENSION OR INELIGIBILITY As federal funds are a basis for this Agreement, the Subrecipient certifies that the Subrecipient is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. The Subrecipient shall complete, sign, and return a Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion form located at http://mil.wa.gov/emergency-management- division/grants/requiredgrantforms. Any such form completed by the Subrecipient for this Agreement shall be incorporated into this Agreement by reference. DHS-FEMA-EMPG-FY 17 Page 10 of 37 Whatcom County, E18-066 105 Further, the Subrecipient agrees to comply with all applicable federal regulations concerning the federal debarment and suspension system, including 2 CFR Part 180. The Subrecipient certifies that it will ensure that potential contractors or subrecipients or any of their principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in "covered transactions" by any federal department or agency. "Covered transactions" include procurement contracts for goods or services awarded under a non -procurement transaction (e.g. grant or cooperative agreement) that are expected to equal or exceed $25,000, and subawards to subrecipients for any amount. With respect to covered transactions, the Subrecipient may comply with this provision by obtaining a certification statement from the potential contractor or subrecipient or by checking the System for Award Management (http://www.sam.gov) maintained by the federal government. The Subrecipient also agrees not to enter into any arrangements or contracts with any party on the Washington State Department of Labor and Industries' "Debarred Contractor List" (https://secure.ini.wa.qov/debarandstrike/ContractorDebarList.aspx). The Subrecipient also agrees not to enter into any agreements or contracts for the purchase of goods and services with any party on the Department of Enterprise Services' Debarred Vendor List (http://www des wa qov/services/ContractingPurchasing/Business/PagesNendor-Debarment aspx). A.7 CERTIFICATION REGARDING RESTRICTIONS ON LOBBYING As required by 44 CFR Part 18, the Subrecipient hereby certifies that to the best of its knowledge and belief: (1) no federally appropriated funds have been paid or will be paid by or on behalf of the Subrecipient to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; (2) that if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Agreement, grant, loan, or cooperative agreement, the Subrecipient will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (3) and that, as applicable, the Subrecipient will require that the language of this certification be included in the award documents for all subawards at all tiers (including sub -contracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, and is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. A.8 CONFLICT OF INTEREST No officer or employee of the Department; no member, officer, or employee of the Subrecipient or its designees or agents; no member of the governing body of the jurisdiction in which the project is undertaken or located; and no other official of the Subrecipient who exercises any functions or responsibilities with respect to the project during his or her tenure, shall have any personal or pecuniary gain or interest, direct or indirect, in any contract, subcontract, or the proceeds thereof, for work to be performed in connection with the project assisted under this Agreement. The Subrecipient shall incorporate, or cause to incorporate, in all such contracts or subawards, a provision prohibiting such interest pursuant to this provision. A.9 COMPLIANCE WITH APPLICABLE STATUTES RULES AND DEPARTMENT POLICIES The Subrecipient and all its contractors and subrecipients shall comply with, and the Department is not responsible for determining compliance with, any and all applicable federal, state, and local laws, regulations, executive orders, OMB Circulars, and/or policies. This obligation includes, but is not limited to: nondiscrimination laws and/or policies, Energy Policy and Conservation Act (PL 94-163, as amended), the Americans with Disabilities Act (ADA), Age Discrimination Act of 1975, Title VI of the Civil Rights Act of 1964, Civil Rights Act of 1968, the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (PL 93-288, as amended), Ethics in Public Service (RCW 42.52), Covenant Against Contingent Fees (48 CFR Section 52.203-5), Public Records Act (RCW 42.56), Prevailing Wages on Public Works (RCW 39.12), State Environmental Policy Act (RCW 43.21 C), Shoreline Management Act of 1971 (RCW 90.58), DHS-FEMA-EMPG-FY 17 Page 11 of 37 Whatcom County, E18-066 106 State Building Code (RCW 19.27), Energy Related Building Standards (RCW 19.27A), Provisions in Buildings for Aged and Handicapped Persons (RCW 70.92), and safety and health regulations. In the event of noncompliance or refusal to comply with any applicable law, regulation, executive order, OMB Circular or policy by the Subrecipient, its contractors or subrecipients, the Department may rescind, cancel, or terminate the Agreement in whole or in part in its sole discretion. The Subrecipient is responsible for all costs or liability arising from its failure, and that of its contractors and subrecipients, to comply with applicable laws, regulations, executive orders, OMB Circulars or policies. A.10 CONTRACTING & PROCUREMENT a. The Subrecipient shall use a competitive procurement process in the procurement and award of any contracts with contractors or sub -contractors that are entered into under the original contract award. The procurement process followed shall be in accordance with 2 CFR Part 200.318 General procurement standards through 200.326 Contract Provisions. As required by Appendix 11 to 2 CFR Part 200, all contracts entered into by the Subrecipient under this Agreement must include the following provisions, as applicable: 1) Contracts for more than the simplified acquisition threshold currently set at $150,000, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. 2) All contracts in excess of $10,000 must address termination for cause and for convenience by the non-federal entity including the manner by which it will be effected and the basis for settlement. 3) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 4) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities must include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. 5) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under DHS-FEMA-EMPG-FY 17 Page 12 of 37 Whatcom County, E18-066 107 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7) Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 8) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the government -wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9) Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. 10) Procurement of recovered materials -- As required by 2 CFR 200.322, a non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 11) Notice of awarding agency requirements and regulations pertaining to reporting. 12) Federal awarding agency requirements and regulations pertaining to copyrights and rights in data. DHS-FEMA-EMPG-FY 17 Page 13 of 37 Whatcom County, E18-066 m 13) Access by the Department, the Subrecipient, the federal awarding agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 14) Retention of all required records for six years after the Subrecipient has made final payments and all other pending matters are closed. 15) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). b. The Department reserves the right to review the Subrecipient procurement plans and documents, and require the Subrecipient to make changes to bring its plans and documents into compliance with the requirements of 2 CFR Part 200.318 through 200.326. The Subrecipient must ensure that its procurement process requires contractors and subcontractors to provide adequate documentation with sufficient detail to support the costs of the project and to allow both the Subrecipient and Department to make a determination on eligibility of project costs. C. All contracting agreements entered into pursuant to this Agreement shall incorporate this Agreement by reference A.11 DISCLOSURE The use or disclosure by any party of any information concerning the Department for any purpose not directly connected with the administration of the Department's or the Subrecipient's responsibilities with respect to services provided under this Agreement is prohibited except by prior written consent of the Department or as required to comply with the state Public Records Act, other law or court order. A.12 DISPUTES Except as otherwise provided in this Agreement, when a bona fide dispute arises between the parties and it cannot be resolved through discussion and negotiation, either party may request a dispute resolution panel to resolve the dispute. A request for a dispute resolution board shall be in writing, state the disputed issues, state the relative positions of the parties, and be sent to all parties. The panel shall consist of a representative appointed by the Department, a representative appointed by the Subrecipient and a third party mutually agreed upon by both parties. The panel shall, by majority vote, resolve the dispute. Each party shall bear the cost for its panel member and its attorney fees and costs, and share equally the cost of the third panel member. A.13 LEGAL RELATIONS It is understood and agreed that this Agreement is solely for the benefit of the parties to the Agreement and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. To the extent allowed by law, the Subrecipient, its successors or assigns, will protect, save and hold harmless the Department, the State of Washington, and the United States Government and their authorized agents and employees, from all claims, actions, costs, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Subrecipient, its sub -contractors, subrecipients, assigns, agents, contractors, consultants, licensees, invitees, employees or any person whomsoever arising out of or in connection with any acts or activities authorized by this Agreement. To the extent allowed bylaw, the Subrecipient further agrees to defend the Department and the State of Washington and their authorized agents and employees in any litigation; including payment of any costs or attorneys' fees for any claims or action commenced thereon arising out of or in connection with acts or activities authorized by this Agreement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Department; provided, that if the claims or damages are caused by or result from the concurrent negligence of (1) the Department, and (2) the Subrecipient, its agents, or employees, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the Subrecipient, or Subrecipient's agents or employees. Insofar as the funding source, the Department of Homeland Security (DHS)/Federal Emergency Management Agency (FEMA), is an agency of the Federal government, the following shall apply: DHS-FEMA-EMPG-FY 17 Page 14 of 37 Whatcom County, E18-066 109 44 CFR 206.9 Non -liability. The Federal government shall not be liable for any claim based upon the exercise or performance of, or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Federal government in carrying out the provisions of the Stafford Act. A.14 LIMITATION OF AUTHORITY — AUTHORIZED SIGNATURE The signatories to this Agreement represent that they have the authority to bind their respective organizations to this Agreement Only the Department's Authorized Signature representative and the Authorized Signature representative of the Subrecipient or Alternate for the Subrecipient, formally designated in writing, shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Agreement. Any alteration, amendment, modification, or waiver of any clause or condition of this Agreement is not effective or binding unless made in writing and signed by both parties' Authorized Signature representatives. Further, only the Authorized Signature representative or Alternate for the Subrecipient shall have signature authority to sign reimbursement requests, time extension requests, amendment and modification requests, requests for changes to projects or work plans, and other requests, certifications and documents authorized by or required under this Agreement. A.15 LOSS OR REDUCTION OF FUNDING In the event 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 normal completion or end date, the Department may unilaterally reduce the scope of work and budget or unilaterally terminate all or part of the Agreement as a "Termination for Cause" without providing the Subrecipient an opportunity to cure. Alternatively, the parties may renegotiate the terms of this Agreement under "Amendments and Modifications" to comply with new funding limitations and conditions, although the Department has no obligation to do so. A.16 NONASSIGNABILITY Neither this Agreement, nor any claim arising under this Agreement, shall be transferred or assigned by the Subrecipient. A.17 NONDISCRIMINATION The Subrecipient shall comply with all applicable federal and state non-discrimination laws, regulations, and policies. No person shall, on the grounds of age, race, creed, color, sex, sexual orientation, religion, national origin, marital status, honorably discharged veteran or military status, or disability (physical, mental, or sensory) be denied the benefits of, or otherwise be subjected to discrimination under any project, program, or activity, funded, in whole or in part, under this Agreement. A.18 NOTICES The Subrecipient shall comply with all public notices or notices to individuals required by applicable local, state and federal laws and regulations and shall maintain a record of this compliance. A.19 OCCUPATIONAL SAFETY/HEALTH ACT and WASHINGTON INDUSTRIAL SAFETY/ HEALTH ACT (OSHA/WISHA) The Subrecipient represents and warrants that its work place does now or will meet all applicable federal and state safety and health regulations that are in effect during the Subrecipient's performance under this Agreement. To the extent allowed by law, the Subrecipient further agrees to indemnify and hold harmless the Department and its employees and agents from all liability, damages and costs of any nature, including, but not limited to, costs of suits and attorneys' fees assessed against the Department, as a result of the failure of the Subrecipient to so comply. A.20 OWNERSHIP OF PROJECT/CAPITAL FACILITIES The Department makes no claim to any capital facilities or real property improved or constructed with funds under this Agreement, and by this subaward of funds does not and will not acquire any ownership interest or title to such property of the Subrecipient. The Subrecipient shall assume all liabilities and responsibilities arising from the ownership and operation of the project and agrees to indemnify and hold the Department, the state of Washington and the United States government harmless from any and all causes of action arising from the ownership and operation of the project. A.21 POLITICAL ACTIVITY No portion of the funds provided herein shall be used for any partisan political activity or to further the election or defeat of any candidate for public office or influence the approval or defeat of any ballot issue. DHS-FEMA-EMPG-FY 17 Page 15 of 37 Whatcom County, E18-066 110 A.22 PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The assistance provided under this Agreement shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such assistance or any other approval or concurrence under this Agreement provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. A.23 PUBLICITY The Subrecipient agrees to submit to the Department prior to issuance all advertising and publicity matters relating to this Agreement wherein the Department's name is mentioned or language used from which the connection of the Department's name may, in the Department's judgment, be inferred or implied. The Subrecipient agrees not to publish or use such advertising and publicity matters without the prior written consent of the Department. The Subrecipient may copyright original work it develops in the course of or under this Agreement; however, pursuant to 2 CFR Part 200.315, FEMA reserves a royalty - free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use the work for government purposes. Publication resulting from work performed under this Agreement shall include an acknowledgement of FEMA's financial support, by CFDA number, and a statement that the publication does not constitute an endorsement by FEMA or reflect FEMA's views. A.24 RECAPTURE PROVISION In the event the Subrecipient fails to expend funds under this Agreement in accordance with applicable federal, state, and local laws, regulations, and/or the provisions of the Agreement, the Department reserves the right to recapture funds in an amount equivalent to the extent of noncompliance. Such right of recapture shall exist for the life of the project following Agreement termination. Repayment by the Subrecipient of funds under this recapture provision shall occur within 30 days of demand. In the event the Department is required to institute legal proceedings to enforce the recapture provision, the Department shall be entitled to its costs and expenses thereof, including attorney fees from the Subrecipient. A.25 RECORDS a. The Subrecipient agrees to maintain all books, records, documents, receipts, invoices and all other electronic or written records necessary to sufficiently and properly reflect the Subrecipient's contracts, subawards, grant administration, and payments, including all direct and indirect charges, and expenditures in the performance of this Agreement (the "records"). b. The Subrecipient's records related to this Agreement and the projects funded may be inspected and audited by the Department or its designee, by the Office of the State Auditor, DHS, FEMA or their designees, by the Comptroller General of the United States or its designees, or by other state or federal officials authorized by law, for the purposes of determining compliance by the Subrecipient with the terms of this Agreement and to determine the appropriate level of funding to be paid under the Agreement. C. The records shall be made available by the Subrecipient for such inspection and audit, together with suitable space for such purpose, at any and all times during the Subrecipient's normal working day. d. The Subrecipient shall retain and allow access to all records related to this Agreement and the funded project(s) for a period of at least six (6) years following final payment and closure of the grant under this Agreement. Despite the minimum federal retention requirement of three (3) years, the more stringent State requirement of six (6) years must be followed. A.26 RESPONSIBILITY FOR PROJECT/STATEMENT OF WORK/WORK PLAN While the Department undertakes to assist the Subrecipient with the project/statement of work/work plan (project) by providing federal award funds pursuant to this Agreement, the project itself remains the sole responsibility of the Subrecipient. The Department undertakes no responsibility to the Subrecipient, or to any third party, other than as is expressly set out in this Agreement. DHS-FEMA-EMPG-FY 17 Page 16 of 37 Whatcom County, E18-066 111 The responsibility for the design, development, construction, implementation, operation and maintenance of the project, as these phrases are applicable to this project, is solely that of the Subrecipient, as is responsibility for any claim or suit of any nature by any third party related in any way to the project. Prior to the start of any construction activity, the Subrecipient shall ensure that all applicable federal, state, and local permits and clearances are obtained, including, but not limited to, FEMA compliance with the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, and all other environmental laws, regulations, and executive orders. The Subrecipient shall defend, at its own cost, any and all claims or suits at law or in equity, which may be brought against the Subrecipient in connection with the project. The Subrecipient shall not look to the Department, or to any state or federal agency, or to any of their employees or agents, for any performance, assistance, or any payment or indemnity, including, but not limited to, cost of defense and/or attorneys' fees, in connection with any claim or lawsuit brought by any third party related to any design, development, construction, implementation, operation and/or maintenance of a project. A.27 SEVERABILITY If any court of rightful jurisdiction holds any provision or condition under this Agreement or its application to any person or circumstances invalid, this invalidity does not affect other provisions, terms or conditions of the Agreement, which can be given effect without the invalid provision. To this end, the terms and conditions of this Agreement are declared severable. A.28 SINGLE AUDIT ACT REQUIREMENTS (including all AMENDMENTS) Non-federal entities, as subrecipients of a federal award, that expend $750,000 or more in one fiscal year of federal funds from all sources, direct and indirect, are required to have a single or a program -specific audit conducted in accordance with 2 CFR Part 200 Subpart F. Non-federal entities that spend less than $750,000 a year in federal awards are exempt from federal audit requirements for that year, except as noted in 2 CFR Part 200 Subpart F. As defined in 2 CFR Part 200, the term "non-federal entity" means a State, local government, Indian tribe, institution of higher education, or non-profit organization that carries out a federal award as a recipient or subrecipient. Subrecipients that are required to have an audit must ensure the audit is performed in accordance with Generally Accepted Government Auditing Standards (GAGAS) as found in the Government Auditing Standards (the Revised Yellow Book) developed by the United States Comptroller General and the OMB Compliance Supplement. The Subrecipient has the responsibility of notifying its auditor and requesting an audit in compliance with 2 CFR Part 200 Subpart F, to include the Washington State Auditor's Office, a federal auditor, or a public accountant performing work using GAGAS, as appropriate. Costs of the audit may be an allowable grant expenditure as authorized by 2 CFR Part 200.425. The Subrecipient shall maintain auditable records and accounts so as to facilitate the audit requirement and shall ensure that any sub -contractors also maintain auditable records. The Subrecipient is responsible for any audit exceptions incurred by its own organization or that of its sub- contractors. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Subrecipient must respond to Department requests for information or corrective action concerning audit issues or findings within 30 days of the date of request. The Department reserves the right to recover from the Subrecipient all disallowed costs resulting from the audit. After the single audit has been completed, and if it includes any audit findings, the Subrecipient must send a full copy of the audit and its corrective action plan to the Department at the following address no later than nine (9) months after the end of the Subrecipient's fiscal year(s): Contracts Office Washington Military Department Finance Division, Building #1 TA-20 Camp Murray, WA 98430-5032 If the Subrecipient claims it is exempt from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient must send a completed "2 CFR Part 200 Subpart F Audit Certification Form" (https://www mil wagov/emergency-management-division/grants/requiredgrantforms) to the Department at the address listed above identifying this Agreement and explaining the criteria for exemption no later than nine (9) months after the end of the Subrecipient's fiscal year(s). DHS-FEMA-EMPG-FY 17 Page 17 of 37 Whatcom County, E18-066 112 The Department retains the sole discretion to determine whether a valid claim for an exemption from the audit requirements of this provision has been established. The Subrecipient shall include the above audit requirements in any subawards. Conducting a single or program -specific audit in compliance with 2 CFR Part 200 Subpart F is a material requirement of this Agreement. In the absence of a valid claim of exemption from the audit requirements of 2 CFR Part 200 Subpart F, the Subrecipient's failure to comply with said audit requirements may result in one or more of the following actions in the Department's sole discretion: a percentage of federal awards being withheld until the audit is completed in accordance with 2 CFR Part 200 Subpart F; the withholding or disallowing of overhead costs; the suspension of federal awards until the audit is conducted and submitted; or termination of the federal award. A.29 SUBRECIPIENT NOT EMPLOYEE The parties intend that an independent contractor relationship will be created by this Agreement. The Subrecipient, and/or employees or agents performing under this Agreement are not employees or agents of the Department in any manner whatsoever. The Subrecipient will not be presented as, nor claim to be, an officer or employee of the Department by reason of this Agreement, nor will the Subrecipient make any claim, demand, or application to or for any right or privilege applicable to an officer or employee of the Department or of the State of Washington by reason of this Agreement, including, but not limited to, Workmen's Compensation coverage, unemployment insurance benefits, social security benefits, retirement membership or credit, or privilege or benefit which would accrue to a civil service employee under Chapter 41.06 RCW. It is understood that if the Subrecipient is another state department, state agency, state university, state college, state community college, state board, or state commission, that the officers and employees are employed by the state of Washington in their own right and not by reason of this Agreement. A.30 TAXES FEES AND LICENSES Unless otherwise provided in this Agreement, the Subrecipient shall be responsible for, pay and maintain in current status all taxes, unemployment contributions, fees, licenses, assessments, permit charges and expenses of any other kind for the Subrecipient or its staff required by statute or regulation that are applicable to Agreement performance. A.31 TERMINATION FOR CONVENIENCE Notwithstanding any provisions of this Agreement, the Subrecipient may terminate this Agreement by providing written notice of such termination to the Department Key Personnel identified in the Agreement, specifying the effective date thereof, at least thirty (30) days prior to such date. Except as otherwise provided in this Agreement, the Department, in its sole discretion and in the best interests of the State of Washington, may terminate this Agreement in whole or in part by providing ten (10) calendar days written notice, beginning on the second day after mailing to the Subrecipient. Upon notice of termination for convenience, the Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. A.32 TERMINATION OR SUSPENSION FOR CAUSE In the event the Department, in its sole discretion, determines the Subrecipient has failed to fulfill in a timely and proper manner its obligations under this Agreement, is in an unsound financial condition so as to endanger performance hereunder, is in violation of any laws or regulations that render the Subrecipient unable to perform any aspect of the Agreement, or has violated any of the covenants, agreements or stipulations of this Agreement, the Department has the right to immediately suspend or terminate this Agreement in whole or in part. The Department may notify the Subrecipient in writing of the need to take corrective action and provide a period of time in which to cure. The Department is not required to allow the Subrecipient an opportunity to cure if it is not feasible as determined solely within the Department's discretion. Any time allowed for cure shall not diminish or eliminate the Subrecipient's liability for damages or otherwise affect any other remedies available to the Department. If the Department allows the Subrecipient an opportunity to cure, the Department shall notify the Subrecipient in writing of the need to take corrective action. If the corrective action is not taken within ten (10) calendar days or as otherwise specified by the Department, DHS-FEMA-EMPG-FY 17 Page 18 of 37 Whatcom County, E18-066 113 or if such corrective action is deemed by the Department to be insufficient, the Agreement may be terminated in whole or in part. The Department reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the Subrecipient from incurring additional obligations of funds during investigation of the alleged compliance breach, pending corrective action by the Subrecipient, if allowed, or pending a decision by the Department to terminate the Agreement in whole or in part. In the event of termination, the Subrecipient shall be liable for all damages as authorized by law, including, but not limited to, any cost difference between the original Agreement and the replacement or cover Agreement and all administrative costs directly related to the replacement Agreement, e.g., cost of administering the competitive solicitation process, mailing, advertising and other associated staff time. The rights and remedies of the Department provided for in this section shall not be exclusive and are in addition to any other rights and remedies provided by law. If it is determined that the Subrecipient: (1) was not in default or material breach, or (2) failure to perform was outside of the Subrecipient's control, fault or negligence, the termination shall be deemed to be a "Termination for Convenience". A.33 TERMINATION PROCEDURES In addition to the procedures set forth below, if the Department terminates this Agreement, the Subrecipient shall follow any procedures specified in the termination notice. Upon termination of this Agreement and in addition to any other rights provided in this Agreement, the Department may require the Subrecipient to deliver to the Department any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. If the termination is for convenience, the Department shall pay to the Subrecipient as an agreed upon price, if separately stated, for properly authorized and completed work and services rendered or goods delivered to and accepted by the Department prior to the effective date of Agreement termination, the amount agreed upon by the Subrecipient and the Department for (i) completed work and services and/or equipment or supplies provided for which no separate price is stated, (ii) partially completed work and services and/or equipment or supplies provided which are accepted by the Department, (iii) other work, services and/or equipment or supplies which are accepted by the Department, and (iv) the protection and preservation of property. Failure to agree with such amounts shall be a dispute within the meaning of the "Disputes" clause of this Agreement. If the termination is for cause, the Department shall determine the extent of the liability of the Department. The Department shall have no other obligation to the Subrecipient for termination. The Department may withhold from any amounts due the Subrecipient such sum as the Department determines to be necessary to protect the Department against potential loss or liability. The rights and remedies of the Department provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law. After receipt of a notice of termination, and except as otherwise directed by the Department in writing, the Subrecipient shall: a. Stop work under the Agreement on the date, and to the extent specified, in the notice; b. Place no further orders or contracts for materials, services, supplies, equipment and/or facilities in relation to this Agreement except as may be necessary for completion of such portion of the work under the Agreement as is not terminated; C. Assign to the Department, in the manner, at the times, and to the extent directed by the Department, all of the rights, title, and interest of the Subrecipient under the orders and contracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and contracts; d. Settle all outstanding liabilities and all claims arising out of such termination of orders and contracts, with the approval or ratification of the Department to the extent the Department may require, which approval or ratification shall be final for all the purposes of this clause; e. Transfer title to the Department and deliver in the manner, at the times, and to the extent directed by the Department any property which, if the Agreement had been completed, would have been required to be furnished to the Department; DHS-FEMA-EMPG-FY 17 Page 19 of 37 Whatcom County, E18-066 114 f. Complete performance of such part of the work as shall not have been terminated by the Department in compliance with all contractual requirements; and g. Take such action as may be necessary, or as the Department may require, for the protection and preservation of the property related to this Agreement which is in the possession of the Subrecipient and in which the Department has or may acquire an interest. A.34 UTILIZATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES (MWBE) The Subrecipient is encouraged to utilize business firms that are certified as minority -owned and/or women -owned in carrying out the purposes of this Agreement. The Subrecipient may set utilization standards, based upon local conditions or may utilize the state of Washington MWBE goals, as identified in WAC 326-30-041. A.35 VENUE This Agreement shall be construed and enforced in accordance with, and the validity and performance shall be governed by, the laws of the state of Washington. Venue of any suit between the parties arising out of this Agreement shall be the Superior Court of Thurston County, Washington. The Subrecipient, by execution of this Agreement acknowledges the jurisdiction of the courts of the State of Washington. A.36 WAIVERS No conditions or provisions of this Agreement can be waived unless approved in advance by the Department in writing. The Department's failure to insist upon strict performance of any provision of the Agreement or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any right under this Agreement. DHS-FEMA-EMPG-FY 17 Page 20 of 37 Whatcom County, E18-066 115 Exhibit C WORK PLAN FY 2017 Emergency Management Performance Grant _Emergency Management Organization Whatcom County Sheriff's Office Division of Emergency Management The purpose of EMPG is to assist with the enhancement, sustainment and improvement of state, local, and tribal emergency management programs. Activities conducted using EMPG funding should relate directly to the five elements of emergency management: prevention, protection, response, recovery, and mitigation. Washington State does not require a specific number of activities to receive EMPG funding. However, there are required capabilities that must be sustained in order to remain eligible for EMPG funding, including but not limited to the ability to communicate and warn, educate the public, train and exercise, plan, and be NIMS compliant. The Work Plan delineates the Emergency Management Organization's emergency management program planning and priority focus for this grant cycle (to include 17EMPG grant and local funds). MEER= MEMO Planning WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK Develop Mount Baker Emergency Action Plan. The mission of the Mount Baker —Glacier Peak focal response agencies within Whatcom County Coordination Plan is to "provide guidelines for will be prepared to take specific actions before, I ( seamless, scalable coordination between federal, during, and after Mount Baker geologic events, tribal, state, provincials and local agencies, as well allowing for a more efficient response. as the private sector, during response to Mount ' Baker and/or Glacier Peak volcanic incidents." Its purpose "is to identify certain common l coordination tasks and responsibilities.... This coordination plan supports (but does not supplant) each jurisdiction's and agency's Comprehensive Emergency Management Plan (CEMP)." This is a higher level coordination plan between diverse agencies. It is not an agency - specific or a multi -agency response plan. Each jurisdiction will rely on their own CEMPs and related Action Plans for jurisdictional policies, �( procedures, and boots on the ground.actions. Since Whatcom County's CEMP takes ageneral all- - hazard approach, Whatcom County DEM plans to develop a Mount Baker Emergency Action Plan to supplement Whatcom County's CEMP. Initiate Critical Infrastructure Tactical Security Local law enforcement and fire agencies need a Tactical security plans for law enforcement and Planning. clearer understanding of special challenges fire agencies will enable a rapid, safe, and involved in responding to critical infrastructure effective response to critical infrastructure incidents. Whatcom County is home to multiple incidents. critical infrastructure sites that service a multitude of critical needs at the local, state, and federal level. Whatcom County has a history of attempted disruptions to that critical .infrastructure. Training WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK Facilitate one ICS-300 and one ICS-400 training. The National Incident Management System (NIMS) The goal for each class is 20 participants. Upon (Co -Sponsor with City of Bellingham OEM.) Training Plan outlines the training requirement for completion, the trained personnel will have a field responders and ECC/EOC personnel. These clearer understanding of their role in the Incident trainings help our partner jurisdictions and Command System, whether working in an EOC, agencies meet and maintain NIMS compliance. ECC, or Incident Command Post, and thereby creating a more efficient and coordinated response. Participating agencies will maintain NIMS compliance status. DHS-FEMA-EMPG-FY 17 Page 21 of 37 Whatcom County, E18-066 116 Conduct three trainings for the Whatcom Unified The Trump Rally activation (May 2016), Cascadia These trainings ensure that the IMT know how to Incident Management Team (IMT). (Co -Sponsor Rising exercise (June 2016), and 2016-2017 winter perform required tasks and understand work flow with City of Bellingham OEM.) storm activations (including Feb-17's FEMA-4309- procedures in the ECC in order to perform more DR disaster declaration) confirmed our need for efficiently during exercises and activations. more in-depth training on ICS positions in general and on specific processes within the Whatcom Unified Emergency Coordination Center. Conduct two Duty Officer trainings. (Co -Sponsor Whatcom County and the City of Bellingham All Duty Officers, regardless of home agency or with City of Bellingham OEM.) utilize shared Duty Officer coverage, with Duty department, will respond to events using standard Officers drawn from different departments within procedures, thus responding more consistently both agencies. The need for common and effectively during incident response. understanding of procedures that may differ from their home departments is essential for consistent response to incidents throughout Whatcom County. Sponsor AWR-233: Volcanic Crises Awareness Whatcom County is home to Mount Baker, one of AWR-233 will enhance emergency managers, first course. Washington's five active volcanoes, and is at risk responders, school districts, and community for lava flows, pyroclastic flows, tephra/ash members' understanding ofvolcanic processes emissions, and lahars. In 2014, Whatcom County and hazards, monitoring capabilities, alert and co -sponsored the AWR-233 course prior to a 2014 warning systems, and community response Mount Baker Eruption Tabletop Exercise. challenges. Participants in the course had a better understanding of the impacts of volcanic activity and contributed more effectively to the discussion, Whatcom County will conduct a full- scale exercise in Fall 2018 to test our community's ability to respond to a Mount Baker eruption with significant lahar impact. Host Biennial Weather Spotter Training. (Co- Whatcom County is impacted by a number of The National Weather Service will provide more sponsor with the National Weather Service and severe weather events every year, including three timely and accurate forecasts, and warnings, City of Bellingham OEM.) Presidential Disasters in last two years (forest allowing planners, responders, and citizens to take fire and wind storm in Aug 2015; winter storm in steps to lessen the impacts of severe weather on Feb 2017). Through its Skywarn Program, the the people, property, and economy of Whatcom National Weather Service (NWS) trains volunteers County, to provide "ground truth" weather reports to the NWS, enabling the NWS to provide more timely and accurate forecasts and warnings, especially for Whatcom County's pockets of microclimate. "Creating a system that monitors weather conditions locally" is one of the requirements Whatcom County must meet to maintain its StormReady recognition. Exercise WORK PLANNED WHY THE WORK IS BEING DONE RESULT OF THE WORK EMPG-Funded and Match personnel participate in EMPG-funded and Match personnel are required By participating in these exercises, EMPG-funded three exercises, seminars, workshops, and/or by the EMPG Program grant agreement contract and Match personnel will test and build upon their drills. to participate in three exercises in each 12-month knowledge and skills in a controlled learning period. The requirement is listed in the grant environment, making them better prepared to fill Notice of Funding Opportunity. their roles during activations for real events. DHS-FEMA-EMPG-FY 17 Page 22 of 37 Whatcom County, E18-066 117 Conduct at least two Tabletop Exercises, two Exercising provides a realistic learning WUECC staff, the Incident Management Team, Functional Exercises, and two Full -Scale Exercises environment that affords the opportunity for Duty Officers, partner agency participants, and the including but riot limited to: improvement. Post -incident critiques often emergency response community will put their -NW-WA Fairgrounds grandstand fire and a confirm that experience gained during exercises understanding to the test by actually carrying out wildfire impacting a water and sewer district was the best way to prepare teams to respond tasks they would be responsible for during an control building TTXs, effectively to an emergency, Exercises are actual event. The intended outcome is two -fold: -Triennial Bellingham International Airport mass designed to engage team members and get them (1) Staff are better prepared to perform their tasks casualty exercise working together to manage the response to a during activations and (2) Lessons learned will be -Williams Pipeline spill/Mount Baker School hypothetical incident, Exercises enhance used to validate existing policies and procedures District evacuation and reunification exercise knowledge of plans, allow members to improve or provide recommendations for improvements. their own performance and identify opportunities to improve capabilities to respond to real events. Host industry partner exercises at the Whatcom Our oil and pipeline industry partners conduct Participation will result in increased readiness of Unified Emergency Coordination Center. annual functional exercises at our WUECC facility. the facility, building out capabilities that will These large-scale exercises bring 150-250 enhance our facility for future exercises and participants into the WUECC, taxing its capabilities activations. beyond the usual, more modest 20-100 person drills, exercises, and activations. These exercises identify operational gaps, singling out key deficiencies with infrastructure capacity and equipment, hardware and software needs, and information flow, Conduct six education/outreach presentations. These presentations are designed to increase our goal is to reach 20+ individuals with each public awareness of Whatcom County risks and presentation, for an additional 120 individuals hazards and to provide actions individuals, who are better aware of local hazards and steps families, and businesses can take to lessen the they can take to be better prepared for impact of emergencies and disasters. emergencies and disasters. DHS-FEMA-EMPG-FY 17 Page 23 of 37 Whatcom County, E18-066 118 Co -facilitate the annual Winter Storm/Flood Floods and winter storms occur annually in Agency partners will come away with a realistic Outlook and Planning Briefing. (Co -facilitate with Whatcom County. Some years their impact is prediction based on the latest science modeling City of Bellingham OEM.) relatively minor; other years their impact reaches provided by NOAA/National Weather Service and the level of a Presidential Disaster Declaration. It abetter understanding of the available resources is important for the partner agencies in our and newest response plans of other agencies. community to come together as one group to hear from NOAA what the upcoming winter forecast is, what mitigation work has been done in the previous year, what resources/strategies each agency can bring to the response, and review plans and responsibilities to help mitigate flood and winter storm impacts. Core presenters usually include NOAA, Whatcom County Public Works River and Flood Division, Army Corps of Engineers, and Puget Sound Energy: Formalize All Hazard Alert Broadcast (AHAB) The six AHAB sirens currently located in Whatcom Established agreements with all AHAB-owning Program. County are owned by three separate jurisdictions. jurisdictions will standardize the maintenance Two more AHABs are scheduled for installation in schedules, operation procedures, and activation the next two years. Except for the overarching policies of the AHABs, making for a more efficient support from WA-EMD, there are no agreements countywide AHAB network for public information in place for local maintenance; testing, standards, and warning. and activation methods. Manage the fiscal and administrative policies and Policies and procedures are established to support Delivery of emergency management programs procedures that support both day-to-day and the efficiency; consistency, responsibility, and that are efficient, consistent, show good disaster operations. accountability of all employees in support of their custodianship of public funds, and are in agency's mission, vision, and objectives. compliance with federal, state, and local codes and regulations. DHS-FEMA-EMPG-FY 17 Page 24 of 37 Whatcom County, E18-066 119 Exhibit D TIMELINE FY 2017 Emergency Management Performance Grant DATE TASK June 1, 2017 Grant Agreement Start Date January 30, 2018 Submit reimbursement request April 30, 2018 Submit reimbursement request August 31, 2018 Grant Agreement End Date October 15, 2018 Submit final reimbursement request, final report, Training and Exercise Requirement report, and/or other deliverables. DHS-FEMA-EMPG-FY 17 Page 25 of 37 Whatcom County, E18-066 120 Exhibit E BUDGET FY 2017 Emergency Management Performance Grant 17EMPG AWARD $ 72,508.00 SOLUTION AREA CATEGORY EMPG AMOUNT Match AMOUNT Salaries & Benefits $ 72,50q8, $ 72,508 Z Overtime/Ba ckfi I I $ $�__� Z Consultants/Contractors $ - $ Z Goods & Services $ - $ - gTravel/Per Diem $ - $_ - Subtotal $ 72,508 ' $ 72,508 Z Salaries & Benefits $ - $ - 0 Overtime/Backfill $ - $ - N Consultants/Contractors $ - $ - Z Goods & Services $ - $ - Travel/Per Diem $ - $ - W O Subtotal $ - $ Salaries & Benefits $ - $ - uw Overtime/Ba ckfi I I $ - $ - �' U Consultants/Contractors $ - $ - W Goods & Services $ - $ - w Travel/Per Diem $ - $ - Subtotal $ - $ - Salaries & Benefits $ - $ - t9 Overtime/Backfill $ - $ - Z Consultants/Contractors $ - $ - Z Goods & Services $ - $ - $ $ Travel/Per Diem - - Subtotal $ - $ - Equipment $ - $ - Cf W Subtotal $ - $ - Salaries & Benefits $ - $ - Overtime/Backfill $ - $ - < Consultants/Contractors $ - $ - Goods & Services $ - $ - Travel/Per Diem $ - $ - Subtotal $ - $ - Indirect _..-_------.._._____._.._..---------------._-_-_.._____.._._.._._._...__.._. $ - -..-.._____ .-.._..__ $ - Indirect Cost Rate on file 0% TOTAL Grant Agreement AMOUNT: $ 72,508 $ 72,508 • The Subrecipient will provide a match of $72,508 of non-federal origin, 50% of the total project cost (local budget plus EMPG award). • Cumulative transfers to budget categories in excess of 10% of the grant agreement amount will not be reimbursed without prior written authorization from the Department. Funding Source: U.S. Department of Homeland Security - PI# 773PT — EMPG DHS-FEMA-EMPG-FY 17 Page 26 of 37 Whatcom County, E18-066 121 Attachment 1 17EMPG Award Document EMS-2017-EP-00004-S01 Aivwvd better• lJ S Department of Homeland Securit/ Washington, D.G 20472 Bret Daugherty Washington Military Department Building 20 Camp Murray, VVA99430 - 5122 Re: Grant No EMS-2017-EP-00004 Dear Bret Daugherty: Congratulations, on behalf of the Department of Homeland Security, your application for financial assistance submitted under the Fiscal Year (FY) 2017 Emergency Management Performance Grants has been approved in the amount of $7,306.624.00. As a condition of this award, you are required to contribute a cost match in the amount of $7,306,624.00 of non -Federal funds, or 50 percent of the total approved project costs of $14,613,243.00. Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award: • Agreement Articles (attached tothis Award Letter) • Obligating Document (attached to this Award Letter) • FY 2017 Emergency Management Performance Grants Notice of Funding Opportunity. Please make sure you read, understand, and maintain a ropy of these documents in your official file for this award. In order to establish acceptance of the award and its terms, please follow these instructions. Step 1 : Please log in to the ND Grants system at https:!Iportal.fema.gov. Step 2: After logging in, you will see the Home page with a Pending Tasks menu. Click on the Pending Tasks rnenu, select the Application sub-rnenu, and then click the link for "Award Offer Review" tasks. This link will navigate you to Award Packages that are pending review. Step 3: Click the Review Award Package icon (wrench) to review the Award Package and accept or decline the award. Please save or print the Award Package for your records. Systern for Award Management (SAM): Grant recipients are to keep all of their information up to date in SAM, in particular, your organization's name, address, DUNS number, EIN and banking information. Please ensure that the DUNS number used in SAM is the same one used to apply for all FEMA awards. Future payments will be contingent on the information provided in the SAM. therefore, it is imperative that the information is correct. The .System for Award Management is located at htt :i www. sa M. g ov, . If you have any questions or have updated your information in SAM, please let your Grants Management Specialist (GMS) know as soon as possible. This will help use to make the necessary updates and avoid any interruptions in the payment process. DHS-FEMA-EMPG-FY 17 Page 27 of 37 Whatcom County, E18-066 122 DHG-FEM8-EMPG-FY1T Page 2Oof37 VVhotcumCounty, E18-00O 123 Agroement Ailirkes Sat Oct 01 00 00 00 GMT 2016 U S. Department of Homeland Ser:urity %Pdashington, D C 20472 +1 to v AGREEMENT ARTICLES Emergency Management Performance Grants GRANTEE: 'Washington Military Department PROGRAM: Emergency Management Performance Gra nts AGREEMENT NUMBER: EMS-2017-EP-00004-S01 TABLE OF CONTENTS Article I 'Nhistleblo•wer Protection Art Article II Use of DHS• Seal, Logo and Flags Article III USA Patriot Act of 2001 Article IV Universal Identifier and System ofAvvard Management (SAPvI ) Article V Reporting of Matters Related to Recipient Integrity and Performance Article VI Rehabilitation Act of 1973 Article VII Trafficking Victims Protection Art of 2000 Article VIII Terrorist Financing Article IX SAFECOM Article Y Reporting Subawards and Executive Compensation Article YI Procurement of Recovered Materials Article %II Patents and Intellectual Property Rights Article X I I I Notice of Funding Opportunity Requirements DHS-FEMA-EMPG-FY 17 Page 29 of 37 Whatcom County, E18-066 124 Article XIV Article XV Article XVI Article XVII Article XVIII Article XIX Article XX Article XXI Article XXII Article XXIII Article XXIV Article XXV Article XXVI Article XXVII Article XXVIII Article XXIX Article XXX Article XXXI Article XXXII Article XXXIII Article XXXIV Article XXXV Article XXXVI DHS-FEMA-EMPG-FY 17 Non -supplanting Requirement Lobbying Prohibitions Limited English Proficiency (Civil Rights Act of 1964, Title VI) Hotel and Motel Fire Safety Act of 1990 Fly America Act of 1974 Best Practices for Collection and Use of Personally Identifiable Information (PII) Americans with Disabilities Act of 1990 Age Discrimination Act of 1975 Activities Conducted Abroad Acknowledgment of Federal Funding from DHS Federal Leadership on Reducing Text Messaging while Driving Federal Debt Status False Claims Act and Program Fraud Civil Remedies Energy Policy and Conservation Act Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX Duplication of Benefits Drug -Free Workplace Regulations Debarment and Suspension Copyright Civil Rights Act of 1968 Civil Rights Act of 1964 - Title VI DHS Specific Acknowledgements and Assurances Assurances, Administrative Requirements, Cost Principles, and Audit Requirements Page 30 of 37 Whatcom County, E18-066 125 Article XXXVII Article XXXVIII Article XXXIX Article XL Article XLI Article XLII Article I - Whistleblower Protection Act National Environmental Policy Act Nondiscrimination in Matters Pertaining to Faith -Based Organizations Acceptance of Post Award Changes Prior Approval for Modification of Approved Budget Disposition of Equipment Acquired Under the Federal Award Buy American and Hire American All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C. Section 2409, U.S.C. Section 4712, 10 U.S.C. Section 2324, 41 U.S.C. Sections 4304 and 4310. Article II - Use of DHS Seal, Logo and Flags All recipients must obtain permission from their DHS FAO, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials. Article III - USA Patriot Act of 2001 All recipients must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. sections 175-175c. Article IV - Universal Identifier and System of Award Management (SAM) All recipients are required to comply with the requirements set forth in the government -wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25 Appendix A, the full text of which is incorporated here by reference in the terms and conditions. Article V - Reporting of Matters Related to Recipient Integrity and Performance If the total value of the recipient's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, you must comply with the requirements set forth in the government -wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions. Article VI - Rehabilitation Act of 1973 All recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. section 794, as amended, which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. Article VII - Trafficking Victims Protection Act of 2000 All recipients must comply with the requirements of the government -wide award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000, (TVPA) as amended by 22 U.S.C. section 7104. The award term is located at 2 C.F.R. section 175.15, the full text of which is incorporated here by reference in the award terms and conditions. Article Vlll - Terrorist Financing DHS-FEMA-EMPG-FY 17 Page 31 of 37 Whatcom County, E18-066 126 All recipients must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws. Article IX - SAFECOM All recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications. Article X - Reporting Subavards and Executive Compensation All recipients are required to comply with the requirements set forth in the government -wide Award Term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions. Article XI - Procurement of Recovered Materials All recipients must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. Article XII - Patents and Intellectual Property Rights Unless otherwise provided by law, recipients are subject to the Bay Dole Act Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. section 200 et seq. All recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. section 401.14. Article XIII - Notice of Funding Opportunity Requirements All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO. Article XIV - Non -supplanting Requirement All recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. Article XV - Lobbying Prohibitions All recipients must comply with 31 U.S.C, section 1352, which provides that none of the funds provided under an federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action concerning the award or renewal. Article XVI - Limited English Proficiency (Civil Rights Act of 1964, Title VI) All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance hftps://www.dhs.aov/ guidance -published -help -department -supported -organizations -provide -meaningful -access -people -limited and additional resources on httpywvd.lep.goy. Article XVII - Hotel and Motel Fire Safety Act of 1990 In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a, all recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies DHS-FEMA-EMPG-FY 17 Page 32 of 37 Whatcom County, E18-066 127 with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. section 2225. Article XVIII - Fly America Act of 1974 All recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C. section 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. section 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981 amendment to Comptroller General Decision B-138942. Article XIX - Best Practices for Collection and Use of Personally Identifiable Information (PIQ DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients who collect PI I are required to have a publically-available privacy policy that describes standards on the usage and maintenance of PH they collect. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as useful resources respectively. Article XX - Americans with Disabilities Act of 1990 All recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. (42 U.S.C. sections 12101-12213). Article XXI - Age Discrimination Act of 1975 All recipients must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code. section 6101 et sea.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance. Article XXII - Activities Conducted Abroad All recipients must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained. Article XXIII - Acknowledgment of Federal Funding from DHS All recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Article XXIV - Federal Leadership on Reducing Text Messaging while Driving All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the federal government. Article XXV - Federal Debt Status All recipients are required to be non -delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.) Article XXVI - False Claims Act and Program Fraud Civil Remedies All recipients must comply with the requirements of 31 U.S.C. section 3729 - 3733 which prohibits the submission of false or fraudulent claims for payment to the federal government. (See 31 U.S.C. section 3801-3812 which details the administrative remedies for false claims and statements made.) Article XXVII - Energy Policy and Conservation Act All recipients must comply with the requirements of 42 U.S.C. section 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. Article XXVIII - Education Amendments of 1972 (Equal Opportunity in Education Act) - Title IX DHS-FEMA-EMPG-FY 17 Page 33 of 37 Whatcom County, E18-066 128 All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. section 1681 et sea.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19 Article XXIX - Duplication of Benefits Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions. Article XXX - Drug -Free Workplace Regulations All recipients must comply with the Drug -Free Workplace Act of 1988 (41 U.S.C. section 8101 et seq.), which requires all organizations receiving grants from any federal agency agree to maintain a drug -free workplace. You as the recipient must comply with drug -free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 CFR part 3001, which adopts the Government -wide implementation (2 CFR part 182) of sec. 5152-5158 of the Drug -Free Workplace Act of 1988 (Pub. L. 100-690, Title V, Subtitle D; 41 U.S.C. 8101-8107). Article XXXI - Debarment and Suspension All recipients are subject to the non -procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689 and 2 C.F.R. Part 180. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. Article XXXII - Copyright All recipients must affix the applicable copyright notices of 17 U.S.C. sections 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards. Article XXXIII - Civil Rights Act of 1968 All recipients must comply with Title VIII of the Civil Rights Act of 1968, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. section 3601 et sea.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units-i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground -floor units in buildings without elevators) -be designed and constructed with certain accessible features. (See 24 C.F.R. section 100.201.) Article XXXIV - Civil Rights Act of 1964 - Title VI All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. section 2000d et sea.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7. Article XXXV - DHS Specific Acknowledgements and Assurances All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Recipients must cooperate with any compliance reviews or compliance investigations conducted by DHS 2. Recipients must give DHS access to, and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. DHS-FEMA-EMPG-FY 17 Page 34 of 37 Whatcom County, E18-066 129 3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 4. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance. 5. If, during the past three years, recipients have been accused of discrimination on the grounds of race, color, national origin (including limited English proficiency (LEP)), sex, age, disability, religion, or familial status, recipients must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement agreements to the DHS FAO and the DHS Office of Civil Rights and Civil Liberties (CRCL) by e-mail at crcl hq.dhs gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties Building 410, Mail Stop #0190 Washington, D.C. 20528. 6. In the event courts or administrative agencies make a finding of discrimination on grounds of race, color, national origin (including LEP), sex, age, disability, religion, or familial status against the recipient, or recipients settle a case or matter alleging such discrimination, recipients must forward a copy of the complaint and findings to the DHS FAO and the CRCL office by e-mail or mail at the addresses listed above. The United States has the right to seekjudicial enforcement of these obligations. Article XXXVI - Assurances, Administrative Requirements, Cost Principles, and Audit Requirements DHS financial assistance recipients must complete either the OMB Standard Form 424B Assurances - Non -Construction Programs or OMB Standard Form 424D Assurances - Construction Programs as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office may require applicants to certify additional assurances. Applicants are required to fill out the assurances applicable to their program as instructed by the awarding agency. Please contact the financial assistance office if you have any questions. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 C.F.R. Part 200, and adopted by DHS at 2 C. F. R. Part 3002. Article XXXVII - National Environmental Policy Act All recipients must comply with the requirements of the National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which requires recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans. Article XXXVIII - Nondiscrimination in Matters Pertaining to Faith -Based Organizations It is DHS policy to ensure the equal treatment of faith -based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. All recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith -based organizations in individual DHS programs. Article XXXIX - Acceptance of Post Avvard Changes In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award Please call the FEMA/GMD Call Center at (866) 927-5646 or via e-mail to ASK-GMDaAhs.gov if you have any questions. Article XL - Prior Approval for Modification of Approved Budget Before making any change to the DHS/FEMA approved budget for this award, you must request prior written approval from DHS/FEMA where required by 2 C.F.R. Section 200.308. For awards with an approved budget greater than $150,000, you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from DHS/FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget DHS/FEMA last approved. You must report any deviations from your DHS/FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval. DHS-FEMA-EMPG-FY 17 Page 35 of 37 Whatcom County, E18-066 130 Article XLI - Disposition of Equipment Acquired Under the Federal Award When original or replacement equipment acquired under this award by the recipient or its sub -recipients is no longer needed for the original project or program or for other activities currently or previously supported by DHS/FEMA, you must request instructions from DHS/FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. Section 200.313. Article XLII - Buy American and Hire American All recipients are required to comply with any applicable provisions of the Buy American Act (41 U.S.C. Sections 8301 through 8305), and any other applicable statutes, regulations, or rules that require, or provide a preference for, the purchase or acquisition of goods, products, or materials produced in the United States. Personnel Fringe Benefits Travel Equipment Supplies Contractual Construction Indirect Charges Other DHS-FEMA-EMPG-FY 17 BUDGET COST CATEGORIES Page 36 of 37 $2, 299,139.00 $851,982.00 $115,283.00 $0.00 $238,705.00 $10, 757, 302.00 $0.00 $350, 83T 00 $0.00 Whatcom County, E18-066 131 Obligating Doc anent for Award/Amendment la. AGREEIvIENTNO. 2. AMENDMENT NO. 3. 4. TYPE OF ACTION 5. CONTROL NO. EMS-2017-EP-00004-SOl `+** RECIPIENT AWARD FY2017R10EIvIPG NO. 916001095E 6. RECIPIENT NAME AND 7. ISSUING FEMA OFFICE AND ADDRESS ADDRESS Washington Military Grant Operations Department 245 Murray Lane - Building 410, SW Building 20 Washington DC, 20528-7000 Camp Murray, WA, 98430 - POC: 866-927-5646 5122 8. PAYMENT OFFICE AND ADDRESS Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20472 9. NAME OF RECIPIENT PHONE NO. 10. NAME OF FEIVIA PROTECT COORDINATOR PROJECT OFFICER Central Scheduling and Information Desk Tirzah Kincheloe Phone: 800-368.6498 Email: Askesid@dlhs.gov 11. EFFECTIVE DATE OF 12. 13. ASSISTANCE ARRANGEMENT 14. PERFORMANCE PERIOD THIS ACTION METHOD Cost Reimbursement From: To: 10/01/2016 OF 10/01/2016 09/30/2018 PAYMENT Budget Period PARS 10/01/2016 09/30/2018 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM CFDA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMULATIVE NON - NAME (ACCS CODE) TOTAL AWARDED TOTAL FEDERAL CONVAIT1vIENT ACRONYM XXXX_=-XX1 X0 - AWARD THIS AWARD :iX-XYXX-X�;XY-X ACTION + OR (-) Emergency 97.042 2017-FA-Dlll-R107- $0.00 $7,306,624.00 $7306,624.00 See Totals Management-4101-D Performance Grants TOTALS $0.00 $7,306,624.00 $7,306,624.00 $7,306,624A0 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A 16 a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Emergency Management Performance Grants recipients are not required to sign and return copies of thus document. However, recipients should print and keep a copy of thi s document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) DATE Sierra Wardell, Preparedness Grants Section Program Manager Fri Aug 25 19:59:14 GMT 18. FEMA SIGNATORY OFFICIAL (Name and Title) KIMBERLY" ERIN PENFOLD , Assistance Officer DHS-FEMA-EMPG-FY 17 2017 DATE Mon Aug 21 19:57:05 GMT 2017 Page 37 of 37 Whatcom County, E18-066 132 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-306 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: JT 8/14/17 � ,�� 10/24/17 Finance/Council Division Head: JW 9114117 C 17 1 Dept. Head: RAD 9118117 HATGOM COUNTY Prosecutor: RB 9/20/17 <, COUNCIL Purchasing/Budget.- o , Executive: D . / -7. ki- TITLE OF DOi U T. ReSources Youth olid Waste Reduction and Recycling Education Contract Amendment #3 ATTACHMENTS: 1. Memo to Executive 2. Contract Information Sheet 3. 2 Originals of Contract Amendment 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.) The purpose of this contract is to implement a countywide waste reduction and recycling education program for youth at the elementary, middle and high school levels. 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. 133 W171111AT."COM COUNTY RECEIVED MEMORANDUM OCT 6 - 2017 TO: Jack Louws, County Executive JACK LOUWS OUNTY EXECUTIVE FROM: Regina A. Delahunt, Director RE: ReSources — Youth Solid Waste Reduction and Recycling Education Services Contract Amendment #3 DATE: October 3, 2017 Enclosed are two (2) originals of a contract amendment between Whatcom County and ReSources for your review and signature. ■ Background and Purpose The purpose of this contract is to implement a countywide waste reduction and recycling education program for youth at the elementary, middle and high school levels. The focus of the program is on waste prevention, recycling, composting, household hazardous waste, and proper waste disposal. The purpose of this amendment is to extend the contract for an additional year. ■ Funding Amount and Source This contract, in the amount of $50,000, is funded by the solid waste excise tax. These funds are included in the 2018 budget. Council approval is required as this amendment exceeds 10% of the original contract budget. Please contact Jeff Hegedus at extension #6044 if you have any questions regarding this agreement. Encl. 509 Girard Street Whatcom County Bellingham, WA 98225-4005 360.778.6000 1 FAX 360.778.6001HEALTH N 1500 North State Street Bellingham, WA 98225-4551 WhatcomCountyHealth 360.778.6100 1 FAX 360,778.6101 1 341 WhatcomCoHealth Deioa r t m e n t www.whatcomcounty.us/health WHATCOM COUNTY CONTRACT Whatcom County Contract No. INFORMATION SHEET 201509021-3 Originating Department: Health Division/Program: (i.e. Dept. Division and Program) Environmental Health — Solid Waste Contract or Grant Administrator: Jeff Hegedus Contractor's / Aaencv Name: ReSources 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 #: 201509021 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? If yes, grantor agency contract number(s): F CFDA#: Yes ❑ No I Is this contract grant funded? If yes, Whatcom County grant contract number(s): Yes ❑ I No ® Is this contract the result of a RFP or Bid process? I 15-25 Contract Cost Center: 140203 Yes ® I No ❑ I If yes, RFP and Bid number(s): Is this agreement excluded from E-Verify? I No [:11 Yes ❑ I 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 ongmal contract amount ana uouncri approvar requirea Tor; au property leases, conirams or pia awaras exceeding any prior amendments): $40,000, and professional service contract amendments that have an increase $ 120,000 greater than $10,000 or 10% of contract amount, whichever is greater, except when: This Amendment Amount: 1. Exercising an option contained in a contract previously approved by the council. $ 150,000 2. Contract is for design, construction, r-o-w acquisition, professional services, or Total Amended Amount: other capital costs approved by council in a capital budget appropriation $ 1170,000 ordinance. 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: The purpose of this contract is to implement a countywide waste reduction and recycling program for youth at elementary, middle and high school levels. The focus of the program is on waste prevention, recycling, composting, household hazardous waste, and proper waste disposal. Term of Contract: 1 Year Expiration Date: 12/31/2018 Contract Routing: 1. Prepared by: JT Date: 08/14/17 2. Attorney signoff: I RB Date: 09/11/17 3. AS Finance reviewed: I bbennett Date: 09/07/17 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: Date: ! ®- 6 - / 7 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: 135 F Whatcom County Contract No. 201509021 -3 WHATCOM COUNTY HEALTH DEPARTMENT CONTRACT EXTENSION PARTIES: Whatcom County Whatcom County Courthouse 311 Grand Avenue Bellingham, WA 98225 AND CONTRACTOR: ReSources 2309 Meridian Street Bellingham, WA 98225 Whatcom County # 201509021 AMENDMENT NUMBER: 3 CONTRACT PERIODS: Original: 09/01/2015 - 08/31/2016 Amendment #1: 09/01/2016 - 08/31/2017 Amendment #2: 01/01/2017-12/31/2017 Amendment #3: 01/01/2018-12/31/2018 THE CONTRACT IDENTIFIED HEREIN, INCLUDING ANY PREVIOUS AMENDMENTS THERETO, IS HEREBY EXTENDED AS SET FORTH IN THE DESCRIPTION OF THE EXTENSION BELOW BY MUTUAL CONSENT OF ALL PARTIES HERETO DESCRIPTION OF EXTENSION: 1. Extend the duration and other terms of this contract for 1 year, as per the original contract "General Terms, Section 10.1, Term". 2. Amend Exhibit B, Compensation, to modify line item budget amounts and required documentation for reimbursement; revised Exhibit B is attached. 3. Funding for this extended contract period (01/01/2018 - 12/31/2018) is not to exceed $50,000. 4. Funding for the total contract period (09/01/2015 - 12/31/2018) is not to exceed $170,000. 5. All other terms and conditions remain unchanged. 6. The effective start date of the extension is 01/01/2018. � HL_010118_Reo36s_Amend_#3 Page 7 of 3 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND ANY PREVIOUS AMENDMENTS THERETO REMAIN IN FULL FORCE AND EFFECT. ALL PARTIES IDENTIFIED AS AFFECTED BY THIS EXTENSION HEREBY ACKNOWLEDGE AND ACCEPT THE TERMS AND CONDITIONS OF THIS EXTENSION. Signature is required below. APPROVAL AS TO PROGRAM: Jo rAofpers,'Environ_rnentaI Realth Manager Date DEPARTMENT HEAD APPROVAL: Regi A. elahunt, Healt Department Director Date APPROVAL AS TO FORM: Royce Buckingham, Ivt ' y_orosecuting Attorney Date FOR TCONTRXCTOR: nature Name nd Title Wt ; ate q/tl/17 rATE OF WASHINGTON) UNTY OF WHATCOM) `���►111111/1��// /i this day of 2017, efore me plc pU',< �i, , to me known to be the I nd who 40 the abs'4.1 9r '_% instrument d wh cknowledg t e the t of i nin wnd sealin thereof. %0TARy NOTARY PUB in d f r:RF AU8L the State of '��� ' :® ?7 Z®'��' Residing at 'l1AS"\�G`� My Commission expires: FOR WHATCOM COUNTY: Jack Louws, County Executive STATE OF WASHINGTON) COUNTY OF WHATCOM ) Date On this day of , 2017, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County and 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 Residing at My Commission expires: HL_010118_ReSources_Amend_#3 Page 2 of 3 137 EXHIBIT "B" — Amendment #3 (COMPENSATION) I. Budget and Source of Funding: The source of funding for this contract, in the amount not to exceed $50,000, is from solid waste excise tax. II.Allowable Costs The budget for this cost reimbursement contract is as follows: }6 Cosf Descrlptlon � ' ` Doc me>tfi tlon Required �k� Btlltng ' TotaC Total C€�sf � Each lr<vo�ce �t;3te � A�r�u�s } Education Team GL Detail $40/hr 890 hrs $35,600 Communications Manager GL Detail $40/hr 65 hrs $2,600 Program Director GL Detail $40/hr 24 hrs $960 Bookkeeping/Invoicing GL Detail $40/hr 24 hrs $960 Total Personnel: $40,120 Green Classroom Coordinator —'/2 Vista Volunteer fee Receipts $3,500 Printing and Materials Receipts $1,184 Mileage log including name of Mileage - at the current IRS rate available at traveler, dates, start & end $1,184 hftp://www.gsa.,qov/portal/category/104715 point, and purpose Overhead (10% Of Personnel Costs) $4,012 TOTAL $50,000 The contractor may transfer funds among budget line items in an amount up to 10% of the line item total; however, overhead cannot exceed the identified rate. Changes to the line item budget that exceed 10% of the line item must be approved in writing by the County. Ill.lnvoicing 1. The Contractor shall submit itemized invoices on a monthly basis in a format approved by the County. Monthly invoices must be submitted by the 15th of the month following the month of service. Invoices may be submitted electronically to HL-BusinessOffice@co.whatcom.wa.us 2. Payment by the County will be considered timely if it is made within 30 days of the receipt and acceptance of billing information from Contractor. The County may withhold payment of an invoice if the Contractor submits it more than 30 days after the expiration of this contract. 3. Invoices must include the following statement, with an authorized signature and date: I certify that the materials have been furnished, the services rendered, or the labor performed as described on this invoice. 4. Duplication of Billed Costs or Payments for Service: The Contractor shall not bill the County for services performed or provided under this contract, and the County shall not pay the Contractor, if the Contractor has been or will be paid by any other source, including grants, for those costs used to perform or provide the services in this contract. The Contractor is responsible for any audit exceptions or disallowed amounts paid as a result of this contract. HL_010118_ReSources_Amend_#3 Page 3 of 3 WE-01 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-301 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator.- M Engels 10/11/17 E (IDCC��'WED 10124117 Finance / Council - Division Head: � 17 017 Dept. Head. O U N T Prosecutor. / ® I l d' Purchasinoudget -0 Executive: TITLE OF DOCUMENT: Amendment #1 to contract with Cascadia Law Group PLLC ATTACHMENTS: Contract amendment, memo, contract cover sheet SEPA review required? ( ) Yes ( x ) Should Clerk schedule a hearing? ( ) Yes (x ) NO NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action,) The general purpose or objective of this agreement is to represent Whatcom County and conduct the study and make the recommendations required by Whatcom County Comprehensive Plan Policy 2CC-16. This amendment adds $25, 000 and amends the term to include June 28 through December 31, 2017. COMMITTEE ACTION: COUNCIL ACTION: Related County Contract A 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: eco,whatcom.wa.us/council Contract amendment #1 Cascadia Law Group PLLC October 9, 2017 139 WHATCOM COUNTY Council Office 311 Grand Ave., Suite 105 Bellingham, WA 98225 0 MEMORANDUM TO: Jack Louws, County Executive FROM: Marina Engels, Deputy Clerk of the Council RE: Amendment to contract with Cascadia Law Group PLLC DATE: October 11, 2017 Dana Brown -Davis Clerk of the Council Enclosed are two (2) originals of a contract amendment Whatcom County and Cascadia Law Group PLLC for your review and signature. ■ Background and Purpose The Contractor shall represent Whatcom County and assist in (1) examining existing County laws including those related to public health, safety, development, building, zoning, permitting, electrical, nuisance, and fire codes and develop recommendations for legal ways the County may choose to limit the negative impacts on public safety, transportation, the economy, and environment from crude oil, coal, liquefied petroleum gases, and natural gas exports from the Cherry Point UGA above levels in existence as of March 1, 2017; (2) providing clear guidance to current and future county councils on the County' s legal rights, responsibilities and limitations regarding interpretation and application of project evaluation under Section 20. 88.130 (Major Projects Permits) of the Whatcom County Code; and (3) based on the above study, developing proposed Comprehensive Plan amendments and associated code and rule amendments for Council consideration as soon as possible. Funding Amount and Source Council budgeted for this project and the funds are in the Council budget. Differences from Previous Contract This amendment increases the maximum compensation to the Cascadia Law Group by $25,000 and adds two additional lawyers who may perform work on this contract to Exhibit "B". Finally, the term is amended to include June 28, 2017 through December 31, 2017. Please contact Karen Frakes at extension 5757, if you have any questions or concerns regarding the terms of this agreement. Encl. Contract amendment #1 Cascadia Law Group PLLC October 9. 2017 WHATCOM COUNTY CONTRACT INFORMATION SHEET Whatcom County Contract No. 201708008-1 Originating Department: Whatcom County Council Division/Program: (i.e. Dept. Division and Program) Click here to enter text. Contract or Grant Administrator: Karen Frakes, Prosecutor's Office Contractor's / Agency Name: Cascadia Law Group, Attorneys -at -Law 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 #: 201708008 Does contract require Council Approval? Yes ® No ❑ If No, include WCC: (see Whatcom County Codes 3.06.010, 3.08.090 and 3.08.100) Is this a grant agreement? Yes ❑ No ® If yes, grantor agency contract number(s): CFDA#: Is this contract grant funded? Yes ❑ No ® If yes, Whatcom County grant contract number(s): Is this contract the result of a RFP or Bid process? Contract Yes ❑ No ® If yes, RFP and Bid number(s): Cost Center: 1100 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 $ 40,000 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 $ 25,000 other capital costs approved by council in a capital budget appropriation ordinance. Total Amended Amount: $ 65,000 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: The general purpose or objective of this agreement is to represent Whatcom County and conduct the study and make the recommendations required by Whatcom County Comprehensive Plan Policy 2CC-16. [T=erm=ofContract: 6/28/17—12/31/17 Expiration Date: 12/31/17 Contract Routing: 1. Prepared by: Marina Engels Date: 2. Attorney signoff lym F Date: 3. AS Finance reviewed: Date: 4. IT reviewed (if IT related): Date: 5. Contractor signed: Date: 6. Submitted to Exec.: v Date: 7. Council approved (if necessary): Date: 8. Executive signed: Date: 9. Original to Council: Date: Contract amendment #1 Cascadia Law Group PLLC October 9, 2017 10/9/17 10117117 /0 -/Z -/ 7 141 Whatcom County Contract No. .201708008-1. { Amendment No. 1 Whatcom County Contract No. 201708008 CONTRACT BETWEEN WHATCOM COUNTY AND Cascadia Lair Group PLLC THIS AMENDMENT is to the Contract between Whatcom County and Cascadia Law Group PLLC, dated July 21, 2017, and designated "Whatcom County Contract No.201708008." In consideration of the mutual benefits to be derived, the parties agree to amend the Contract as follows: 1. The maximum consideration shall be increased by $25,000 to a total consideration of $65,000, as indicated on Exhibit "B" attached. 2. The attached Exhibit "B" is further amended to reflect that, in addition to Rodney Brown, Jeff Goltz, and Dennis McLerran may perform work under this contract. 3. The term of the agreement shall commence on June 28, 2017, and, unless terminated or renewed as elsewhere provided in the Agreement, shall terminate on December 31, 2017. Unless specifically amended by this agreement, all other terms and conditions of the original contract shall remain in full force and effect. This Amendment takes effect: October15, 2017, regardless of the date of signature. IN WITNESS WHEREOF, Whatcom County and Cascadia Law Group PLLC have executed this Amendment on the date and year below written. DATED this day of 2017, CONTRACTOR- Ca adia Law Group PLLC 3 Rodney Broviri STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this L\T day of LC,70fz- _, 2017, before me personally appeared to me known to be a ap rtner (title) of Cascadia. Law Group PLLC (Company) and who executed the above instrument and who acknowledged to me the act of signing and sealina. thereof �titiIOTARj "t�EBI^i _ in and fo the State of w'`` 443N ttis� �P l� VV shi gtorT, a - w a �o g , �"�= printed name s U „s Jfi �taa , �~ = resisting at dFt, ®4m wR My comm's ion expires Contract amendment #1 Cascadia Law Group PLLC October 9, 2017 142 WHATCOM COUNTY: Recommended for Approval: Department Supervisor Date Appr ved as to form: rosecuting Attorney at Approved: Accepted for Whatcom County: By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2017, 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, printed name. residing at My commission expires CONTRACTOR INFORMATION: Cascadia Law Group PLLC 1201 Third Avenue, Suite 320 Seattle, WA 98101-2933 Contact Name: Rod Brown Contact Phone: (206) 292-6300 Contact FAX: (206) 292-6301 Contact Email: rbrown@cascadialaw.com Contract amendment #1 Cascadia Law Group PLLC October 9, 2017 143 EXHIBIT "B" (COMPENSATION) In consideration of the services performed under the terms of this Contract, the Contractor shall be paid a total not to exceed Sixty Five Thousand Dollars ($65,000.00) to the end of the contract date of December 31, 2017. Billing Procedures: The Contractor shall submit written claims on a monthly basis in any month where there is activity in this case for reimbursement of services provided unless otherwise approved in writing by the County. It is agreed that the Contractor shall be paid for his services within 30 days of receipt of the monthly claim and upon determination of accuracy. Monthly claims are to be submitted to the Clerk of the Council. Contractor's Fee Schedule: Contractor bills for services by the hour. For this matter, the Contractor is offering discounted municipal rates to reflect the public nature of the work. The Contractor will charge the County according to the following rate schedule: Rodney Brown, Jeff Goltz, Dennis McLerran............................................... $395 per hour for work on this matter Tanya Barnett ............................................................................................. $325 per hour for work on this matter Greg Hibbard... ........................................................................................... . $190 per hour for work on this matter Paralegal...................................................................................................... $100 per hour Charges for time spent traveling will be at 75% of the rates shown above. The Council will also reimburse the Contractor for all out-of-pocket costs incurred on behalf of the County. These items include such things as travel expenses including car mileage in excess of 30 miles per trip at the business mileage rate calculated by the IRS (currently, $.53.5 per mile); copying expenses at $.15 per copy ($.75 per color copy) for in-house copying and at cost, including taxes, for outside copying services; long distance telephone charges: FAX charges; document delivery charges and conference call charges at cost; court or administrative board filing fees and other court — or board -related expenditures including court reporter and transcription fees at cost, and computerized legal research charges. Contract amendment #1 Cascadia Law Group PLLC October 9, 2017 144 WHATCOM COUNTY COUNCIL AGENDA BILL NO. -01 A-2261, CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Cliff Strong 101312017 � L� L� . 1011012017 Council Division Head: Mark Personius j,��j 10/3/1017 10/24/2017 COTW Dept. Head: Sam Ryan 10/3/1017 OCT D 3 2012 Prosecutor: Royce Buckingham y%C 10/3/2017 VH ACO VCOUNTY PurchasinglBudget: COUNCIL Executive: Jack Louws C,V101312017 { TITLE OF DOCUMENT. 2017 Critical Areas Ordinance Update 1 ATTACHMENTS: (all materials can be found at bo://www.whatcamcountv.us/2417/Cognty-Council-Review) To prepare for this meeting, please review memo, the attached (revised] ZD17 BAS Report Addendum, the draft code (provided in the Past packet for your October 10`h packetj, and the reports comprising the County's OAS (found athtt :. r+Kww.whatcom[aunty.us/2417ICaunty-Council-Reviews_ Attachments: A. Revised 2017 BAS Report Addendum S. Type 1 CFP Application Checklist C. Policy PL1-85-004Z D. Email from Assistant Director Mark Personius, committing PDS to participate in the Nooksack- Abbotsford-Sumas Transbou dary Nitrogen Stud SEPA review required? ( X ) Yes ( ) NO Should Clerk schedule a hearing? (X ) Yes ( ) NO SEPA review completed? ( X ) Yes ( ) NO Requested Date: 10124117 SUMMARY 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.) 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. 10/10/2017: Referred to Committe of the Whole 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.wliatcom.t•va.us/corrncil. 145 WHATCOM COUNTY Planning & Development Services ;r `t 5280 Northwest Drive L At, J�) Bellingham, WA 98226-9097 360-676-6907, TTY 800-833-6384 360-738-2525 Fax Memorandum TO: The Honorable County Council Jack Louws, County Executive FROM: Cliff Strong, Senior Planner THROUGH: Mark Personius, Asst. Director mil% DATE: October 17, 2017 SUBJECT: 2017 Critical Areas Ordinance (CAO) Update Committee of the Whole Workshop on October 24, 2017 J.E. "Sam" Ryan Director At the request of Council, prior to the introduction of the CAO ordinance, another workshop on the 2017 Critical Areas Ordinance update will be held on October 24, 2017. The purpose of this workshop is to deal with a few issues that have recently arisen. Topics to be covered include: ■ Review of the 2017 BAS Report Addendum ■ Article 8, Conservation Program on Agriculture Lands • Article 9, Definitions Nooksack-Abbotsford-Sumas Transboundary Nitrogen Study To prepare for this meeting, please review this memo, the attached (revised) 2017 BAS Report Addendum, the draft code (provided in the last packet for your October 101h packet), and the reports comprising the County's BAS (found at http.liwww.whatcomcounty.us/2417ICounty-Council-Review). Attachments: A. Revised 2017 BAS Report Addendum B. Type 1 CFP Application Checklist C. Policy PL1-85-004Z D. Email from Assistant Director Mark Personius, committing PDS to participate in the Nooksack- Abbotsford-Sumas Transboundary Nitrogen Study 146 2017 Best Available Science Report Addendum Why We're Here If you will recall from your September 20, 2016 workshop, all cities and counties in Washington are required to adopt and conduct periodic updates of their critical areas regulations using the Best Available Science (BAS) in developing policies and development regulations to protect the functions and values of critical areas. At that workshop staff presented to Council the rules regarding BAS found in WAC 365-195. These included the criteria for determining which information is the best available science (WAC 365-195-905); the criteria for obtaining the best available science (WAC 365-195-910); the criteria for including the best available science in developing policies and development regulations (WAC 365-195-915); the criteria for addressing inadequate scientific information (WAC 365-195-920); and the criteria for demonstrating "special consideration" has been given to conservation or protection measures necessary to preserve or enhance anadromous fisheries (WAC 365-195-925). Staff also provided for your review a copy of the 2005 BAS Report, and the 2016 BAS Report Addendum as recommended by the Planning Commission. During your review of the draft code this past year Council has made additional changes to the draft code, and staff has been augmenting the BAS report based on your discussions, preliminary decisions, and materials provided. This revised (now referred to as the 2017) BAS Report Addendum was provided to you in your packet for your October 10, 2017 meeting (along with the draft ordinance, draft code, and the 2005 BAS Report), at which staff had anticipated the ordinance would be introduced. A public hearing was being scheduled for all these materials. Since then you have received several public email comments requesting that the Council hold a workshop specifically on the BAS report. While there is no statutory nor policy requirement to do so, you have nonetheless requested one to review what has been added. What Has Changed in the 2017 BAS Report Addendum As mentioned, staff has been augmenting the 2017 BAS Report addendum as Council has progressed through its review. Changes staff has made to the report since September 2016 include: • Added section 1.2, which explains how the requirements for including the Best Available Science are met. • Amended section 1.4 to explain Council's review process of the draft CAO (as it hadn't happened when the addendum was first provided to Council). • Added the more substantive changes the Council has made to the various "synopses of amendments" tables, with explanations. ■ Added some BAS report citations to the document based on your discussions, preliminary decisions, and materials provided, including: 147 o Document 76, Harris, W. CAO Exemptions for Passive Low Impact Activities, April 2015. (Not BAS per se, but references a dozen or so studies), including a reason why her proposal wasn't acted on. o Document 81, the 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 and the reason Council made their decision on the lahar regulations. (As well as documents 77, 78, 79, and 80, which the Council reviewed.) o Document 82, the Department of Ecology EIM Well Data, 2016. o Documents 83 —89 having to do with the importance of small wetlands ■ Corrected some of the document numbering and fixed some typos and formatting. Staff Recommendation: Staff believes this report, and our process for producing it, meets the statutory requirements of using BAS in developing the CAO. As you will notice when reading the draft ordinance, it is to be adopted as the County's BAS report for this update. Definition of "Ongoing Ag" In workshop, Council provided direction to amend the definition of "ongoing agriculture." The existing definition is: "Ongoing agriculture" means those activities conducted on lands defined in RCW 84.34.020(2), and those activities involved in the production of crops and livestock, including, but not limited to, operation and maintenance of existing farm and stock ponds or drainage ditches, irrigation systems, changes between agricultural activities, and maintenance or repair of existing serviceable structures and facilities. Activities that bring an area into agricultural use are not part of an ongoing activity. An operation ceases to be ongoing when the area on which it was conducted has been converted to a nonagricultural use, or has lain idle for more than five consecutive years unless that idle land is registered in a federal or state soils conservation program. Forest practices are not included in this definition. Council's proposed definition reads: "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 agricultural 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 Um operation ceases to be ongoing when the area on which it was conducted has been converted to a nonagricultural use. The primary differences between the two are that the Council version does not reference RCW 84.34.020(2), nor does it have the provision that one loses this classification after a period of time (5 years). As you know, staff has recommended against amending this definition. Our CPAL program has already been found to be GMA-compliant and is used as a model by the state for non -Voluntary Stewardship Program (VSP) counties. Even one of the remedies for a VSP county that doesn't complete their program is to: Adopt development regulations previously adopted... by another local government for the purpose of protecting critical areas in areas used for agricultural activities. Regulations adopted under this subsection must be from a region with similar agricultural activities, geography, and geology and must: (i) Be from Clallam, Clark, King, or Whatcom counties." (RCW 36.70A.735) Staff Recommendation: Do not amend the motion to amend the definition of ongoing agriculture, and leave our current definition in place. Exemptions from CPAL There seems to be a lot of rumors circulating that the County is about to make it illegal to have more than one animal on one's property. We believe this has to do with the discussion Council has been having on whether to exempt folks from the CPAL program if they have less than 1 animal unit per 3 grazable acres and have no direct discharge into surface waters. This also seems to be the basis of comments to Council that the threshold for having to prepare a Conservation Farm Plan (CFP) should be 1 animal unit per acre of property, with some saying that it ought to be even higher. People seem to want all small/hobby farms to be exempt. But two different, though somewhat related issues seem to be at play here. Let's try to explain and separate the two issues. Currently, all farms with ongoing agriculture (i.e., ag that has been practiced in critical areas or their buffers since before the adoption of our first CAO in 1995, as discussed above) are supposed to prepare and abide by a CFP in order to continue farming in critical areas or their buffers. Farms without critical areas do not require a CFP. New farming does not require a CFP; those farmers are supposed to abide by the standard CAO requirements (i.e., farm outside of critical areas and their standard buffers). Thus, we're only talking about a subset of agriculture: the CPAL program does not apply to all farms. Now, within that subset (i.e., ongoing ag as of 1995), there are three classes of CFPs: Type 1(for small hobby farms having fewer than 1 au/ac), Type 3 (for dairies and CAFOs), and Type 2 (for all those in between, i.e., those having more than 1 animal unit/acre as well as berry farms, row crops, orchards, etc.). As you can see, the entire range of farm types is covered. 149 The 1 au/grazable acre standard found in 16.16.820 was chosen as a threshold between ongoing ag farms having to prepare a Type 1 vs. Type 2 CFP. A Type 1 CFP is a relatively simple checklist that can be prepared by farmers themselves, while Type 2 CFPs are "custom" plans that usually involve more complex protection alternatives and require preparation by a qualified professional. That professional would complete the assessment with a more knowledgeable eye and expertise in adopting pasture management and nutrient management practices that adequately protected groundwater. Our CPAL program for dealing with existing farming in critical areas was found to be GMA-compliant and was used as a model by the state. But about 8-9 years ago PDS was swamped with processing farm plans and was having a hard time keeping up, so in 2010 the Director adopted Policy PL1-85-004Z (attached) to help with the backlog. This policy was intended to deprioritize resource allocation to ongoing ag activities that posed no discernable threat to critical areas. It basically states that PDS will not require farm plans from people: • having no more than a certain number of animals (listed in the policy, but basically 1 animal unit); • on at least 3 grazable acres (stating that the number of animals per grazable acres is not a ratio but rather a set number, for reasons provided in the policy); and, ■ who manage their animals to avoid a direct discharge of sediment or fecal matter to surface waters (and the policy provides some indicators on how to judge that) The policy was based on the Department's experience of implementing CFPs, which showed that the impacts of such few animals under those specific conditions as so negligible that critical area functions and values were not impacted. Now, during your recent CAO workshops, Council asked for language that would exempt participants in agricultural youth clubs (e.g., 4H, FFA, etc.) from the CPAL program. Staff suggested codifying Policy PL1- 85-004Z as a way to accomplish that, given that most participants in agricultural youth clubs aren't raising lots of animals. The first draft version read: 16.16.814 Exemptions. The following are exempt from having to obtain a Conservation Farm Plan: A. Landowners that do not have critical areas on their property. B. Landowners that keep agricultural activities out of the standard critical area buffers. C. Landowners that do not exceed 1 animal unit per 3 acres, have at least three grazable acres, and manage their animals to avoid a direct discharge of sediment or fecal matter to surface waters. (i) Indicators of direct discharge can include de -vegetated riparian area, unfenced access to a stream, or animal confinement areas adjacent to surface waters. (ii) There is no multiplier for acreage; this is not an animal per acre threshold. Even if the animals are grazed on 100 acres, they are most often fed, sheltered, and cared for in one central location. (iii) Grazable acres include both pasture and hayland, as described in the Whatcom County Standard Farm Conservation Planning Workbook. 150 That version didn't meet Council's objective, so staff provided a second version, which read: 16.16.814 Exemptions. The following are exempt from having to obtain a Conservation Farm Plan: A. Landowners who do not have critical areas on their property. B. Landowners who keep agricultural activities out of the standard critical areas and their buffers. C. 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. D. 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. This version added subsection (d), specifically addressing youth agriculture education programs by basically having them go through what amounts to getting a Type 1 CFP (both would rely on a similar self -completed checklist, with some education provided by the WCD). But additionally, it amended what the policy said, to say that the numbers of animal units to grazable acres is a ratio and may be used on parcels of any size, thus expanding the exemption (contrary to the reasons provided in the policy that it should not be a ratio). Council approved this language on 9/26/17. Staff Recommendation: Staff recommends maintaining the existing exemption threshold for obtaining a CFP at 1 animal unit per 3 grazable acres. Nothing in the existing code prevents people from having more than 1 animal unit/3 acres; it's just that beyond that animal density an ongoing agricultural activity within a critical area would have to do a Type 1 farm plan (same as it's always been). If the animal density exceeds 1 au/ac then a Type 2 CFP would be required. Graphically, this system can be represented as: Animal Density 5 1 AU/3 GAc <_ 1 AU/Ac > 1 AU/Ac Dairy/CAFQ No CFP Required Type 1 CFP Required Type 2 CFP Required Type 3 CFP (rely on Nutrient Management Plan) (Note: This graphic only shows differences based on animal density, other factors differentiate between Types 1 and 2 besides animal density.) Additional Nitrogen Information During our discussions on the high concentrations of nitrogen found in the Nooksack-Abbotsford-Sumas aquifer, staff mentioned that one of the solutions might be to participate in the Nooksack-Abbotsford- Sumas Transboundary Nitrogen Study. Sponsored by the Dept. of Biology and College of Science and Engineering, Western Washington University, this is a group of U.S. and Canadian scientists, government agencies, farmers, and other stakeholders to deal with this issue. The approach models similar studies in 151 numerous places around the world where there are high concentrations of nitrogen in aquifers straddling international boundaries, and thus takes an international approach to address. Their goal is to assess the situation (data gathering) and to work with farmers and policy makers on developing strategies that reduce the amount of nitrogen percolating into the aquifer. Our Assistant Director, Mark Personius, has committed PDS to participating in this program (see attached email), and staff attended their Sept. 14-16, 2017, meeting. Staff Recommendation: No action by Council is necessary; staff just wanted to provide you with this information. 152 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 1 153 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. 2 154 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. Watlnnrlc 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 1bb 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. Geologically 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. 4 156 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: 5 157 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. S_e_ction2. 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. Adoption 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. =05-06 dated , � 2017,——arded—oR—Fe" 2007) 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 6 158 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 5. Inter retation. 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: WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Dana Brown Davis, Clerk of the Council Barry Buchanan, Council Chair APPROVED AS TO FORM: Civil Deputy Prosecutor WHATCOM COUNTY EXECUTIVE WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: 7 159 2017 Whatcom County Critical Areas Ordinance 2017 Update - Best Available Science eview: Addendum to the 2005 BAS Report <i� , KIM �•It Ne y. . Planning and Development Services Whatcom County 10/12/2017 161 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 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-1l.docx 162 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a- bas report 2017 2017-10-11.docx H 163 Whatcom County Critical Areas Ordinance 2017 Update - Best Available Science Review: Addendum to the 2005 BAS Contents 1. INTRODUCTION.................................................................................................................................... 1 1.1 Purpose.........................................................................................................................................1 1.2 How the Requirements for including the best available science are Met ................................... 1 1.3 Background...................................................................................................................................3 1.4 Review Process............................................................................................................................. 3 1.5 Relationship to the Shoreline Management Program.................................................................. 4 2. Article 1- Purpose and Intent.............................................................................................................. 4 2.1 Synopsis of Amendments............................................................................................................. 4 2.2 Updated Best Available Science References................................................................................ 4 3. Article 2 -Administrative Provisions.................................................................................................... 4 3.1 Existing Whatcom County Policies and Code Provisions.............................................................. 4 3.2 Synopsis of Amendments............................................................................................................. 4 3.3 Updated Best Available Science References................................................................................ 6 4. Article 3 - Geologically Hazardous Areas............................................................................................. 7 4.1 Existing Whatcom County Policies and Code Provisions.............................................................. 7 4.2 Synopsis of Amendments................................................................................................-.......... 7 4.3 Updated Best Available Science References................................................................................ 9 5. Article 4 - Frequently Flooded Areas................................................................................................. 10 5.1 Existing Whatcom County Policies and Code Provisions............................................................ 10 5.2 Synopsis of Amendments........................................................................................................... 10 5.3 Updated Best Available Science References.............................................................................. 12 6. Article 5 -Critical Aquifer Recharge Areas (Caras)............................................................................ 12 6.1 Existing Whatcom County Policies and Code Provisions............................................................ 12 6.2 Synopsis of Amendments........................................................................................................... 13 6.3 Updated Best Available Science References.............................................................................. 13 7. Article 5.5 - Areas Within the Rural Residential District of Lummi Island ......................................... 13 7.1 Existing Whatcom County Policies and Code Provisions............................................................ 13 7.2 Synopsis of Amendments........................................................................................................... 13 7.3 Updated Best Available Science References.............................................................................. 13 8. Article 6 -Wetlands ........................................................................................................................... 14 8.1 Existing Whatcom County Policies and Code Provisions............................................................ 14 8.2 Synopsis of Amendments........................................................................................................... 14 8.3 Updated Best Available Science References.............................................................................. 16 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 164 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 9. Article 7 — Habitat Conservation Areas.............................................................................................. 18 9.1 Existing Whatcom County Policies and Code Provisions............................................................ 18 9.2 Synopsis of Amendments........................................................................................................... 18 9.3 Updated Best Available Science References.............................................................................. 22 9.3.1 Maps and Data.................................................................................................................... 22 9.3.2 Wildlife Corridors................................................................................................................ 22 9.3.3 Beavers............................................................................................................................... 22 9.3.4 Fish......................................................................................................................................23 9.3.5 Nearshore...........................................................................................................................23 9.3.6 Miscellaneous.....................................................................................................................25 10. Article 8 — Conservation Program on Agriculture Lands(CPAL)..................................................... 26 10.1 Existing Whatcom County Policies and Code Provisions............................................................ 26 10.2 Synopsis of Amendments...........................................................................................................26 10.3 Updated Best Available Science References.............................................................................. 29 11. Article 9 — Definitions..................................................................................................................... 29 11.1 Synopsis of Amendments........................................................................................................... 29 11.2 Updated Best Available Science References.............................................................................. 30 12. Appendices...................................................................................................................31 12.1 Appendix A: Conservation Program on Agriculture Lands......................................................... 31 12.2 Appendix B: Notification Example.............................................................................................. 31 12.3 Appendix C: Native Growth Protection Easement Sign Installation Guidelines ......................... 31 12.4 Appendix D: Special Status Fish and Wildlife Species Protected Pursuant To Article 7 of This Chapter................................................................................................................................................... 31 12.5 Appendix E (now B): Locally Important Habitat Designations — Marine Shorelines and ChuckanutWildlife Corridor................................................................................................................... 31 13. Recommendations for Follow -Up Projects/Amendments............................................................. 31 13.1 Administrative Follow -Up Actions: ............................................................................................. 31 13.2 Follow -Up Actions that Would Need Council Support: ........................................................... _ 32 Appendix A — Draft Critical Areas Ordinance Showing Edits and Notes for Potential Amendments......... 36 iv c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 165 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 HOW THE REQUIREMENTS FOR INCLUDING THE BEST AVAILABLE SCIENCE ARE MET The statutory requirements for determining what BAS is and how it should be used are found in WAC 365-195. WAC 365-195-905 is the criteria for determining which information is the "best available science." It states that the characteristics of a valid scientific process include Peer review, Methods, Logical conclusions & reasonable inferences, Quantitative analysis, Context, and References. The studies accepted and used to support amendments have been found to meeting these criteria unless otherwise noted (whereupon an explanation is provided in the tables below). WAC 365-195-910 is the criteria for obtaining the best available science. As explained in Section 1.4, BAS was initially provided by the Technical Advisory Committee, comprised of representatives of State agencies, Tribal governments, and other experts in their fields. BAS was also submitted by members of the Citizens Advisory Committee. Additional studies were added by staff as the draft code went through Planning Commission and County Council review. WAC 365-195-915 is the criteria for including the best available science in developing policies and development regulations. These include: c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 1 166 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report (1) To demonstrate that the best available science has been included in the development of critical areas policies and regulations, counties and cities should address each of the following on the record: (a) The specific policies and development regulations adopted to protect the functions and values of the critical areas at issue. Response: In the tables of BAS below, the specific study(ies) used to support the amendments are noted. (b) The relevant sources of best available scientific information included in the decision - making. Response: Sources of the BAS are noted in the citations of the studies, below. All are available on the County's CAO website. (c) Any nonscientific information —including legal, social, cultural, economic, and political information —used as a basis for critical area policies and regulations that depart from recommendations derived from the best available science. A county or city departing from science -based recommendations should: i. Identify the information in the record that supports its decision to depart from science -based recommendations; ii. Explain its rationale for departing from science -based recommendations; and iii. Identify potential risks to the functions and values of the critical area or areas at issue and any additional measures chosen to limit such risks. State Environmental Policy Act (SEPA) review often provides an opportunity to establish and publish the record of this assessment. Response: No policies or regulations depart from recommendations derived from the best available science. (2) Counties and cities should include the best available science in determining whether to grant applications for administrative variances and exemptions from generally applicable provisions in policies and development regulations adopted to protect the functions and values of critical areas. Counties and cities should adopt procedures and criteria to ensure that the best available science is included in every review of an application for an administrative variance or exemption. Response: The proposed code does not provide for administrative variances; all are quasi- judicial and are decided upon by a Hearing Examiner. However, the code does provide for some administrative relief (other than variances), in the way of minor modifications to standards. However, in either case, a Critical Area Assessment is required and the applicant must demonstrate that the functions and values of critical areas are protected. It should be noted that the use of BAS is necessary for policies and development regulations that to protect the functions and values of critical areas (WAC 360-195-900). Whatcom County understands that to mean those regulations that set standards for protection (such as setback distances, timing, 2 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 167 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report whether something should be protected or not, etc.). However, we do not understand that to mean that BAS is required to guide administrative processes (e.g., permit processes, who makes decisions, etc.). Therefore, we have not tied those types of decisions to BAS in this report. 1.3 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. 1.4 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)1 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 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. 1 See Acknowledgements for a list of members. c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 168 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report Before starting their review, the Council held a public hearing on October 25, 2016 to gather input from the public. They then held 19 public study sessions between September 20, 2016 and October 24, 2017, making motions the various proposed amendments as they went along. This culminated in the final draft of the code, which was introduced on Date 2017, with a second public hearing held Date 2017. 1.5 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. 2.1 SYNOPSIS OF 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. 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 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 chances 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: 4 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 169 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report Associated BAS 16.16.205 Amending the language to better clarify that critical areas N/A Authorizations Required cannot be altered without having proper authorization. 16.16.230 Clarifying that even if exempt from this Title one cannot N/A Exempt Activities violate the requirements of it. 16.16.230(F) Exempt Moving tree felling activities from Exempt Activities to Activities 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. 16.16.230(G) Moving restoration activities to Exempt Activities (from N/A Exempt Activities Activities allowed with notification), as these types of activities are exempt per RCW 77.55.181(4)). 16.16.235(B)(8) Deleting the use of pesticides in buffers as an "Activity N/A Activities Allowed with allowed with notification" since insects are important to the Notification food chain. Also clarifying that herbicides are only allowed for eradicating invasive species, not native plants. 16.16.240(A)(2) & (C)(2) Amending to give the Technical Administrator decision- N/A Technical Administrator making authority over all Reasonable Use Exceptions for and Hearing Examiner single family residential uses, including those in geohazard Authority area, so as to minimize cost to the typical homeowner. 16.16.250 Submittal Amending section to reflect process developed under Kaizan N/A Requirements and review procedures and now used. Also adding language to Critical Areas Review make it clear that decisions should provide written Process explanations of how they were made (findings). 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 N/A Critical Areas Protective Administrator to waive the notice on title requirement for Measures certain, low risk geohazards. c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 170 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 7n AS5E iciated J 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. 16.16.275 Increasing the time for completing reconstruction of N/A Nonconforming nonconforming structures from 18 months to S 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: 6 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 171 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report locument J. 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 a dozen or so studies) Ms. Harris submitted these studies as evidence as to why low impact uses, such as hiking, birdwatching, canoeing, etc., should not be an exempt use in critical area buffers (16.16.230(D) Exempt Activities). While these studies do show that such low impact activities can have in impact on wildlife, most were addressing either wilderness areas, heavily visited areas, or habitats of at -risk species. Most critical area buffers in Whatcom County do not fall in these categories (being in people's back yards and such) and are not at such risk. Furthermore, issuing permits or policing such activities would be impossible, and the existing exemption recognizes this. 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, a Establishing decision -making criteria for development in hazard areas based on established levels of risk, • 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, et seq. 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 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: 7 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 172 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report Associated Throughout Changing the terminology from "buffers" to "setbacks" for geohazard N/A areas throughout the article. The reason for this is that whereas for most critical areas development is kept a certain distance away so as to 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). 16.16.300 Purpose section changing slightly for simplicity, and recognizing that Purpose elimination of all risk is not achievable. 16.16.310.E Amending to better acknowledge that the County's maps are not Designation, definitive, and that there may be hazardous areas that we don't know Mapping, and about. Classification 16.16.310.C.1 Amending to better classify and describe landslide areas and better Designation, take into account the surface and subsurface hydrology (a disturbance Mapping, and to which often causes landslides). Classification 16.16.310.C.2 Because the International Building Code and International Residential Designation, Code contain the only mitigation (construction standards) for typical, Mapping, and widespread earthquakes, the CAO need not address those areas. Classification However, there are specific areas that may need to be avoided; these are left in to be regulated via this code. 16.16.310.C.3 Amending the text to better describe alluvial fan areas. Designation, Mapping, and Classification 16.16.310.C.4 Amending the text to better describe volcanic hazard areas. Designation, Mapping, and Classification 16.16.310.C.5 Deleting typical, minor to moderate surface erosion areas as a critical Designation, area since the risk of erosion from development proposals should be Mapping, and and is addressed under clearing and grading regulations, stormwater Classification 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. 16.16.310.C.6 Splitting the tsunami and seiche hazard area sections, as they are & 7 different types of hazards, each with different risks, occurrence Designation, probability, and avoidance measures. Mapping, and Classification N/A N/A From Dan McShane, consulting geologist N/A From Dan McShane, consulting geologist From Andy Weiser, County Geologist N/A N/A 8 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 173 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 16.16.320 Rearranging and adding new standards to this section making what's Geologically required clearer, though policies are not changing. Hazardous Areas — General Standards 16.16.325 Three landslide hazard area sections (325, 330, and 335), each with Landslide standards, have been combined into one section. 16.16.325.C.3 Hazard Areas — reiterates that a mitigation plan may be required, and that the setback Standards should be covered by an easement (like other critical areas) so as to inform future purchasers of this hazard. 16.16.350 After hearing from testimony from USGS experts, Emergency Volcanic Management staff, the County geologist, and citizens, property Hazard Areas — owners, and businesses, then and weighing all the pros and cons, Standards 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 N/A 81 plan. 16.16.365 & The section has been split into two, as it covered two topics (tsunamis N/A 367 and seiches). 16.16.375 The language has been simplified. N/A Review and Reporting Requirements 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/12/1277/2012/ doi:10.5194/nhess-12-1277-2012 80 Whatcom County Natural Hazards Mitigation Plan, Whatcom County Division of Emergency Management, June 1, 2015 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 174 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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. 5.2 SYNOPSIS OF 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: ArneridMent Associated :a 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 10 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 175 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report Associated BAS 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.) 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 11 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 176 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report Associated BAS-_ 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: Documents Specifically Relied On: 1 Federal Emergency Management Agency (2007). National Flood Insurance Program, Floodplain Management Requirements, A Study Guide and Desk Reference for Local Officials. 2007. http://www.fema.gov/floodplain-management-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. http:llwww.fe m a.gov/media-li b ra ry/assets/docu ments130 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. http://www.ecy.wa.gov/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 12 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 177 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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 AMENDMENTS No proposed changes other than a cross-reference. 6.3 UPDATED BEST AVAILABLE SCIENCE REFERENCES Qocumet - - Documents Specifically Relied On: 82 Department of Ecology EIM Well Data, 2016. Analyzed 6/11/2017 by the Whatcom Conservation District. This data was obtained from the Department of Ecology. While it has not yet been published, it is pending, according to Barb Carey, LHg, DOE author of the soon -to -be -released report. The data shows that nitrate concentrations in many of the DOE test wells are declining. 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.ecy.wa__gQ_V/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. 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.govlbiblio/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 AMENDMENTS Other than grammatical, no changes are proposed. 7.3 UPDATED BEST AVAILABLE SCIENCE REFERENCES No additional documents were submitted. 13 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 178 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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 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: 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. 14 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 179 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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 83, 84, 85, 86, Mapping, and standard was from previous Department of Ecology 87, 88, 89 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. 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 N/A Review and reporting a wetland report, making it clearer for applicants and requirements consultants. 15 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 180 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report SM 16.16.670 Review and Revising the wetland review and reporting requirements N/A reporting requirements & to allow various components to be submitted separately, 26.16.690 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: 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. httl)s:/1fortress.wa.govlecvloublicationslsummarypages10506006.html 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. https:llfortress.wa.gov/ecvlpublications/summaryi)ap,es OS06008.html 16 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 181 Whatcom County Critical Areas Ordinance 2017 Update - Best Available Science Review: Addendum to the 2005 BAS Report 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:/Ifortress. wa.gov/ecy/p u b I i catio ns/doc u me nts10806018. 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/progra ms/sea/wetlands/bas/B uffe rU pdate. htm I 14 WA Dept. of Ecology (2014). Wetland Rating Form for Western Washington. hitps://fortress.wa.gov/ecy/publications/summarypages/1406029.htm1 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/ecy/publications/parts/­Q506008parti. rti.pdf 16 WA Dept. of Ecology (2015). Washington State Wetland Program Plan, 2015. Ecology Publication No. 14-06-005, March 2015. 83 Adamus, P. R. (2013). Wetland functions: not only about size. National Wetlands Newsletter, 35(5), 18-19. 84 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. 85 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. 86 Gibbs, J. P. (1993). Importance of small wetlands for the persistence of local populations of wetland -associated animals. Wetlands,13, 25-31. 87 Richter, K. 0., & Azous, A. L. (1995). Amphibian occurrence and wetland characteristics in the Puget Sound Basin. Wetlands,15(3), 305-312. 88 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. 89 Semlitsch, R. D., & Bodie, J. R. (1998). Are small isolated wetlands expendable? Conservation Biology, 12, 1129-1133. 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 s: fortress.wa.gpv/ecy/publications/summarypages11206015.html 7 U.S. Environmental Protection Agency. Connectivity of Streams & Wetlands to Downstream Waters: A Review & Synthesis of the Scientific Evidence. January 2016. http:l/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. http j/www. fws.uav/wetlands/ 17 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 182 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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: • 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 AMENDMENTS While there are other changes embedded in"the draft code that are self-explanatory, changes of note include: 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 N/A Designation, Mapping, don't show the unknown areas, and thus applicants are still and Classification responsible for doing their own reconnaissance. 18 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 183 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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. 16.16.710(C)(2 - 5) Adopting the WDFW priority habitat and species lists in lieu 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 16.16.710(C)(9) Designation, Mapping, and Classification 16.16.710(C)(10) Designation, Mapping, and Classification 16.16.710(C)(11) Designation, Mapping, and Classification 16.16.710(C)(12)(a) Designation, Mapping, and Classification 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. Adding Aquatic Reserves to the list of DNR protected aquatic environments. Updating the list of what parts of the San Juan Islands National Monument are within Whatcom County, and thus protected. Adding Frequently Flooded Areas that are subject to the Federal Emergency Management Agency's National Flood Insurance Program Biological Opinion (FEMA BiOp) so as to help implement the FEMA BiOp. Deleting the list of Species of Local Importance, as no one knows where this list came from. The current list includes 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 N/A 16, 23, 24 N/A WDFW recommendati on N/A N/A 1,2 16, 23, 24 19 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx im Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report Associated HAS 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 220-660- General Standards their current design standards for bridges these days to 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 220-660- General Standards requirement, just not stated here), and the standard to 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. 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. 20 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 185 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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 BIVIP 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 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 21 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx im Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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: Qocument Documents Specifically Relied Onn 19 U.S. Fish and Wildlife Service. Critical Habitat Maps and List of Threatened and Endangered Species. http://criticalhabitat.fws.gov/ 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.govlResearchScience/Topics NaturalHeritage/Pages/amp nh.aspx 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.Z/www.nmfs.noaa.gov/pr/speciesjcriticalhabitat.htm 20 WA Dept of Ecology. Puget Sound Characterization Project. http:llwww.ecy.wa.gov/puget sound/characterization/ 21 WA Dept of Fish and Wildlife (2007). Local Habitat Assessment for Whatcom County. htt p:llwdfw.wa.gov/co nservatio nlha b itatlpla nn i ngll ha/whatcom. htm 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. 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 Document Documents Specifically Relied On:: 30 ECONorthwest (2011). The Economic Value of Beaver Ecosystem Services. October 2011. http://www.econw.com/medialap files ECONorthwest Publication Escalante-Beaver- Values 2011-10.pdf 31 Pollock, Michael, et al. (2014). Using Beaver Dams to Restore Incised Stream Ecosystems. 22 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 187 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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. fi ttp://www.fws.gov/o repo nfwo/Toois Fo rLa ndownersyR ive rSci_e nce/Beaver. a 5p 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). htt p:llwww.ecy.wa.gov/programs/wr/cwp/images/pdf/Beave rStudy.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 60cument 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. htt www. u etsoundnearshore.or technical papers/marine fish.df 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. htt wdfw.wa. ov ublications 01079 38 WA Dept of Fish and Wildlife (2009). Land Use Planning for Salmon, Steelhead, and Trout. October 2009. http://wdfw.wa.gaylpubIications/pub.php?id=00033 39 WA Dept of Fish and Wildlife (2014). 2012 Washington State Herring Stock Status Report. June 2014. http://wdfw.wa.gov/publications/016281 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 23 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-1l.docx 188 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report I www.pugetsotind nea rsho re.o rg. 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.org. 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 htttp://pugetsoundnearshore.or>?. 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 http: j/p ugetso u nd nears hore.orQ. 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 1Jpugetsoundnea rshore.orl . 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- 24 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 189 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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 PugetSound'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._p_ugetsoundnearshore.org. 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.ougetsoundnearshore.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://pugetsoun d n ea rshore.org. 9.3.6 Miscellaneous 4MMOTTIMMD 4W 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://www.researchgate.net/publication/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.eov/LummiWebsite/userfiles/10 Lummi%20Nation%2ONooksack%2ORiver%2OEstuarv%2 25 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 190 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report P. OH a b itat%20Assessm a nt. 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./Jwww.wdfw.wa.gov/public-ations/00023/wdfw00023.pdf 90 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. 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 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 26 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 191 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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: Associated SAS 16.16.800 Updating the purpose statement to explicitly state the 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. 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 27 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 192 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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 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. 28 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 193 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report zrrr AssoNL— ciated 16.16.860(D)(4) Add text to the list of conditions under which a conservation NIA 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. NIA 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: Pr-"V-� .. . Documents Specifically Relied On:: 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. 72 U.S. Department of Agriculture, Natural Resources Conservation Service. Field Office Technical Guide (FOTG). http:llwww.arcs.usda.gov/wp5/[portal/nres/mainlnational/technical/fotg/ 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. 73 U.S. Environmental Protection Agency (2004). Risk Assessment Evaluation for Concentrated Animal Feeding Operations. EPA/600/R-04/042, May, 2004. 11.1 SYNOPSIS OF 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 Deleting the definition of "actively farmed" as it is not used in the code 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). 29 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-1l.docx 194 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 16.16.900 Adding definition of "Critical Saltwater Habitat" 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 the definition of "Fish and wildlife habitat conservation areas" to more closely match the state's definition 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 Amending definition of "Grazable acres" 16.16.900 Adding definition of "habitats of local importance" from WAC 365-190-030. 16.26.900 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 Adding definition of "May" 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 the definition of "Reasonable Use" to match the state's definition 16.16.900 Adding definition of "Reasonable Use Exception" 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 Amending the definition of "Streams" 16.16.900 Adding definition of "Survey" 16.16.900 Adding definition of "Swale" 16.16.900 Adding definition of "Waters of the State" from RCW 90.56.010(26). 11.2 UPDATED BEST AVAILABLE SCIENCE REFERENCES None applicable. Changes have to do with rectifying Whatcom County's definitions with state and federal definitions, adding words that hadn't been defined, or deleting ones no longer used. 30 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 195 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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 abetter 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). 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 31 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 196 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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. 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 32 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 197 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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: • 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. 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." 33 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx im Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report (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 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. 34 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 199 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report 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. 35 c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 200 Whatcom County Critical Areas Ordinance 2017 Update — Best Available Science Review: Addendum to the 2005 BAS Report c:\users\dbrown\appdata\local\microsoft\windows\temporary internet files\content.outlook\7alnmmck\attach a - bas report 2017 2017-10-11.docx 36 201 Note: This version shows all edits up to and including Council edits as of 9/26/17, their last workshop. 202 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2E 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 "TAU refers to the Technical Advisory Committee. e. TES" 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 203 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 Chapter 16.16 - Critical Areas' 2 Table of Contents 3 ARTICLE 1. PURPOSE AND INTENT................................................................................................................ 6 4 16.16.100 Purpose and Intent.................................................................................................................. 6 5 ARTICLE 2. ADMINISTRATIVE PROVISIONS................................................................................................... 8 6 16.16.200 Authority.................................................................................................................................. 8 7 16.16.205 Authorizations Required.......................................................................................................... 8 8 16.16.210 Applicability and Severability.................................................................................................. 8 9 16.16.215 Relationship to Other Jurisdictions. .... ..................... ................................................ ............. 8 10 16.16.220 Identification and Mapping of Critical Areas........................................................................... 9 11 16.16.225 Regulated Activities................................................................................................................. 9 12 16.16.230 Exempt Activities ................... ...................... .......................................................................... 10 13 16.16.235 Activities Allowed with Notification...................................................................................... 11 14 16.16.240 Technical Administrator and Hearing Examiner Authority ................................................... 14 15 16.16.245 Interdisciplinary Team........................................................................................................... 15 16 16.16.250 Submittal Requirements and Critical Areas Review Process ................................................. 15 17 16.16.255 Critical Areas Assessment Reports........................................................................................ 17 18 16.16.260 General Mitigation Requirements......................................................................................... 18 19 16.16.261 Alternative or Innovative Mitigation Plans........................................................................... 21 20 16.16.262 Watershed -Based Management Plans.................................................................................. 23 21 16.16.263 Mitigation Banking................................................................................................................ 24 22 16.16.264 In -Lieu Fees............................................................................................................................ 26 23 16.16.265 Critical Areas Protective Measures....................................................................................... 26 24 16.16.270 Reasonable Use Exceptions................................................................................................... 28 25 16.16.273 Variances............................................................................................................................... 30 26 16.16.275 Nonconforming uses/buildings............................................................................................. 31 27 16.16.280 Appeals.................................................................................................................................. 31 28 16.16.285 Penalties and Enforcement................................................................................................... 32 29 16.16.295 Open Space and Conservation.............................................................................................. 33 1 Prior legislation: Ords. 97-056 and 2004-050. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotecrted).docx ii 204 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 205 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 206 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 Tables 2 Table 1. Standard Wetland Buffer Widths................................................................................................. 63 3 Table 2. Mitigation ratios for projects in western Washington................................................................. 70 4 Table 3. Buffer Requirements for HCAs...................................................................................................... 83 5 Table 4. Who May Prepare Conservation Farm Plans................................................................................ 93 6 Table 5. Table of Acronyms used in this chapter..................................................................................... 117 7 e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx V 207 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 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 ARTICLE 1. PURPOSE AND INTENT 16.16.100 Purpose and Intent. A. The purposes of this chapter are to carry out the goals of the Whatcom County comprehensive plan and the State of Washington Growth Management Act (Chapter 36.70A RCW) and its implementing rules by designating and classifying critical areas, and by protecting the functions and values of criti- cal areas and the ecological processes that sustain them, while allowing for appropriate economical- ly beneficial or productive use of land and property. Critical areas regulated under this chapter in- clude geologically hazardous areas, frequently flooded areas, critical aquifer recharge areas, wet- lands, and fish ^^'d %vil life habitat conservation areas. This chapter seeks to maintain harmonious relationships between human activity and the natural environment. B. The Growth Management Act requires the designation of critical areas and the adoption of regula- tions for the protection of such areas by all counties and cities. The Washington Department of Commerce has adopted minimum guidelines in WAC 365-190 detailing the process involved in es- tablishing a program to protect critical areas. "Protection" in this context means preservation of the functions and values of the natural environment, or to safeguard the public from hazards to health and safety. Critical areas that must be protected include the following areas and ecosystems: 1. Wetlands; 2. Areas of critical recharging effect on aquifers used for potable water; 3. 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 D.-.,tect the ^„b1;,. fr^..-,Reduce harm due to landslides, earthquakes, erosion, volcanic events, flooding, and other natural hazards. 2. Minimize unnecessary maintenance of public facilities, and costs associated with property dam- age, emergency rescue relief operations, and environmental degradation. 3. Protect against adverse impacts to water quality and quantity resourcesEnss re *heir^ aFe no ad vefse impacts to the quality @Ad ClUaAt4y of r r—atwEes. 4. Alert appraisers, assessors, real estate agents, owners, potential buyers or lessees, and other members of the public to natural conditions that pose a hazard or otherwise limit development. 5. Protect wetlands, floodplains, critical aquifer recharge areas, and habitat conservation areas by applying the best available science to ensure no net loss of ecological functions and values. 6. Protect species listed as threatened or endangered and their habitats. 7. Protect unique, fragile, and/or valuable elements of the environment, including ground and sur- face waters, wetlands, anadromous fish species, shellfish, and other fish and wildlife and their habitats. 8. Provide County officials with information to approve, condition, or deny project proposals. 9. Protect property rights, while allowing for economic development, including agriculture, and al- lowing for the development and maintenance of adequate and appropriate public services and essential public facilities. 10. Prevent adverse and cumulative environmental impacts to critical areas and mitigate unavoida- ble impacts. 11. Coordinate Whatcom County's critical areas protection activities and programs with those of other jurisdictions. 12. Coordinate environmental reviews and permitting of proposals with other departments and agencies to avoid duplication and delay. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx 6 W WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 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 r-n 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 ' D-.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. 9F. 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 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 7 209 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ARTICLE 2. ADMINISTRATIVE PROVISIONS 2 16.16.200 Authority. 3 This chapter is adopted under the authority of Chapters 36.70, which empowers a county to enact a crit- 4 l ical area ordinance and provide for 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.RFisr--to-;s ,,;ten . iit !ham r. ,ty all ele ercr+ir �i the prc:rp � p s ae is iaPUF- 13 suant to this ehapter 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 PFeaisiens-of this chapter including the mitigation standards set forth in WCC 16.16.260. 17 �C.Project permits Awt atton5-cequ+r�d. pe, 18 gyyy,-F�Frs� =r *h-Ac$i'i,-CotH4ty-Code. G Aka4-arQ4s_FeV_i_ W PUFSt4ant +n 1hr. chapter shale-e 19 c� r ted part e t#�o �y+rp���p�p}e�� ce p oval n,,,, .,r,, , ,sed-eta# a a IteFa++:_.,�.,_#at 20 dons. not (eq ui ethr.�g n+„ N' `.`1 ".` P� � a4a FFa4k-&e 21 eiefw,, must comply with the substantive and procedural requirements of this chapter and the 22 procedural requirements of Chapter 2.33 WCC. 23 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 D-.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 26.16.210 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 16.16.215 Relationship to Other Jurisdictions. 38 A. Permit applicants are responsible for complying with all federal, state, tribal, and local regulations 39 that may n4a -pertain to a proposed development. Compliance with the provisions of this chapter 40 does not necessarily constitute compliance with other regulations and permit requirements; pFev-id- 41 etkt,t��3e lollowisda�laffl�4• 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 8 210 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 i 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 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. T, e4o4F,t,� u_up—date the mans on a regular and consistent ham« 27 as new inform n_ becomes available_ 28 QD. Planning and Development Services has the authority Ali to update critical areast#e 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 9 211 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2' 1 3. Alteration is necessary to accommodate an approved water- dependent oFiented use 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 16.16.261& or 16.16.262, respectively; or, 20 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 PFeVisieRS 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 Aarules, der -Title 22246 WAC, 28 except where either of the f^14iw pp4e 29 B-.--Tthe lands have been or are proposed to be converted to a use other than commercial forest prod- 30 uct production 31 Q.A.0-n4 i4 , ve b e A- a4ed--dfter jar1969as evil-e.- in PCON rc 09 050 a ,-d 32 '6.^, � 240. 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, or other 38 areas protected via conservation easements or similar restrictive covenants are not covered by this 39 exception. 40 D-.C. Maintenance activates necessary to implement approved mitigation plans. 41 .D.Low impact activities, when the activity doesthat e not cause adverse impacts, such as hiking, ca- 42 noeing, viewing, nature study, photography, hunting, fishing, education, or scientific research. 43 F.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).docxl0 212 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/1- 1 f F. Maintenance and/or repair of lawfully established single-family residences and appurtenant fea- t 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 fellowing-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 thiue; 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 to initiating work. 22 4. Upon receipt of the notification, the Technical Administrator shall issue a decision within 10 23 days unless additional information is required from the applicant or other review processes ne- 24 cessitate additional time. Additionally, the Technical Administrator may provide guidance on 25 best management practices for tree and vegetation protection, construction management, ero- 26 sion and sedimentation control, water quality protection, and use of chemical applications to be 27 used in the execution of the activities listed in Subsection (B). 28 4.5. Unless otherwise specified, notification shall be valid for one year per activity; provided, that 29 there is no change in the scope of the project including, but not limited to, the location and/or 30 extent of the activity allowed under the notification process. 31 B. Activities allowed with notification: 32 5 1. Emergency construction or activity necessary for the immediate preservation of the public 33 health, safety, and welfare as determined by the technical administrator; provided, that: 34 a. An emergency is an unanticipated and imminent threat to public health, safety, or the envi- 35 ronment that requires immediate action within a time period too short to allow full compli- 36 ance with this chapter. 37 b. Emergency construction does not include development of new permanent protective struc- 38 tures where none previously existed. Where the technical administrator determines that 39 new protective structures are the appropriate means to address an emergency situation, 40 the project proponent shall either obtain any permits that would have been required absent 41 an emergency, pursuant to Chapter 90.58 RCW, Chapter 173-27 WAC, or this chapter, or 42 remove the structure upon abatement of the emergency situation. 43 c. Within the jurisdiction of the Whatcom County Shoreline Management Program (WCC Title 44 23), all emergency construction shall be consistent with the policies and procedural re- 45 quirements of WCC Title 23 and this chapter. 46 d. The applicant shall make a reasonable attempt to contact the technical administrator prior 47 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 213 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 unReeessalry dis- 18 turbance and prevents adverse effects on soil stability, fish or wildlife habitat, water quality, 19 or water quantity. 20 b. ; pFevided t 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.; eXGe ,t f.,r lawn, pas 24 turn elitnamer.t-.I ge to tion and sin i la,;nt.-.�d-- 4 . .+--t!--nexce .mot that c avrc-i-o�-rraTrrcYri[r -i-e,r'na-ris 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.landa..._AFFIle F Fn W 0 ei _felling of hazer trees within critical area-s--and_buffers, with an approved 29 tree risk assessment completed by a qualified professional. 30 3-5. _ Except inJan�� areas and_ �f 31 ers and riverine and coasta.l erosion hazaW areas andbuff-en, the clearing, pruning, and revege- 32 tation of buffer areas fnr view .- .: -es- omi ed: 33 a. This W7acty-ity shalI not be conducted more tha n-once-eyeDLID ygars for any individu- 34 a r i engaLK� ,,, 35 b. A window or view o eniniz is limited to the_minimu nece sary�w purnasea amd_-shall 36 not exceed 15%fit of buffer leneth. uR1l� st1Zrjjr�rft can.demonstrate r�the tech_ 37 nical administrator's satisfaction that a lar_,er dimension is warranted because of slQpe o_r 38 oth r site-considerati nns. Trees rya# r than 12 inches in diam ter t shall�Q 39 RLeurved,may be shapeded/thinned or pruned. 40 c. Ckaring shallnwh-.re_Increased risks or adverse Impacts. inclu[ ir►���mulative 41 im-QpCts• to critical area functions and values are likely to occur. 42 d. Low -growing na iv�ggLt&tiQ�.h_all be retained -"ol-p ln;t�►ie-vy corridor to pro- 43 vide_ habitat, stabilim the area, and achieve dense erowth_ 44 e. Thisprovisign does rlgt an ' re set asid_ein-a3LLb�vi5i_on ar other approval to 45 which specific conditions are attached tha# prohiVItCEing.Qf vegetatign w_ithvut_a wri n 46 approval or permjl, 47 f. View areas establishe imnAer-this section shalt be considered Iawfufiye�l�.11 bed and mad 48 be maintained as o y[ded for jt subse_c#ian B(3) ref this section. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl2 214 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 5-.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 5`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 eeeessaFy 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. 21 4—-Low 22 23 5— 24 25 26 27 y� 28 6= Posk, tm'-idl}fe,-,ig ioo�--".�t4af}4i-e5 er-atlQii-r{f}l»r_ nemen} sr}iizi tins not r e a fl.n�+: 29 gation; pgayided___ } the project i _ ''` $� by the U.SCish and V444iii£ Ski" - , �;he WP'O44g- 30 ton State Ile ^..+—m of c,Gl..r.ir 4A1a shington State rl. part.,. eRt Fish and VI;1,4J;F.. _+el.hrar ap 31 rlrnn.i�►n I.. - I �t�*�,u�c cue a'fihal i J. +i., 32 7--.8. Household-hafbicides, pestk44es-,and 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 dFai, age 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. lea needed. 47 9 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).docx 13 215 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26 1 l b. The property owner obtains an HPA from WDFW (if required) prior to the maintenance ac- t 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 -id encec----twee to be l^��ted 96itsioL,. nF_ geologically hazardous areas within 18 critical areas and/or their buffers 19 2-.3.e�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. 21 374. 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 ne4-s4-tg'" develop- 34 ments, except single-family building permits, affecting critical areas and all �'de� M 35 geological y4a­z-w6Gw_arPas. 36 3. Authority to decide on appeals of administrative decisions including, but not limited to, VaFiaRGe 37 a44d-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 PFGPFiateapplicable, 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).docxl4 216 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 A. All applicants shall complete a prescreeningeenGOOFaged tO G9Rt ca��meet 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. ifanother; hoFit _ Cl^es Rot 27 rmit_ application shall be 2.33 WCC 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. Upon e�p�ef-a-permit ap-pI+Eatia- t1 he 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 is -will more probably than not leeated-witNi4adversely impact a critical area 39 or its buffer. The +a.-h.. at 4*,tFatnr may request that the pli nt submit a ritical area 40 identif�tae-fpri�fe, by th�Eaui�tic� ass}i�� the i•r�itial d� ^�,,,,ry Identified ad- 41 verse impacts shall be fully mitigated in accordance with WCC 16.16.260. 42 1 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 i«„e ;•fr'+*P_^ veFific-ation that the proposal 47 complies with this chapter. Written YeFiflratign Shall b liidnthe project review-recWd�13 e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl5 217 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 the undeF!Y;- a peF—it or mssued i ..danr., . .ith _har.+e.r 7 77 IA1rr ..d !}9 �l��llef{F4�4� 2 aceax r-e evi4s4e 3 3. Nee440 ", r dit E)na1 CFitiE I AreaAssess Rq e st.If the, natFri eettI e`cOteria 4 n� r:.l-. r. +� r.�co nrr b�b nt affect a crib v-r�•aa�c�n$Fl- �-F3�-�t�}NS--SL��FDFi-�V1f$l�vljf`-t�i�-Ft--I�v�-a�-r�zr-a--cz-�zical aFea$F f^ 5 114he technical adFniRirtFatf r�,rho uiR-c,on �nr����e� b5&nee o --c6t- 6 9F Ot ei �€3foprid'te arGr 7 sift-:v'th best ayamiable r e, ;c ba44-aF t4fy-the--apoic-, �w4t44}-Gk-he need to pr-e- 8 pape-a-cr4t4s i-afea 4+sseFrs r 94 e+444T+a e-with-WCC 91646m225, 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., +r+cl+�&Rg44r}di — fact tos"ppoFE 14 d e ati Fls s aN4e-ia .;�-A +n the applicant in 15 D. The technical administrator may waive the requirement for critical areas review under this chapter 16 when he/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,-anf.i-appm;)r-iate-�-rxfrity-pemiit�.5,werg-i3s+:Eed; 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 regulations isR e#ee� at the and 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�--The pry per-w*— - not d; 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. Upe43--€)eeappi4;a+ - 4e"est,, t1 a teEl�# ar Frliei trat�r �lra{a previf+c1l3fiel rn�ritt�w find+ngs �f-€act 32 fie-suppe*t4he dz.; clsion made. Submittal Materials: 33 1. Complete Application 34 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. 43F. 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 218 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 16.16.255 Critical Areas Assessment Reports. 2 1 A. When the technical administrator determines a need for additmonala critical area assessment pursu 3 ant to WCC 16.16.250(C)(3)pFoposed dey m + is within 1L. 4-a:__ � lil,..l.itr sely,41Eeo 4 a CritiGal a ea 9F buffer ^u-r i s-ef this eha es s he �� fat / /s#e shall have the authority 5 to have the autheFity to require a critical areas assessment report, to be prepared by a qualified 6 professional -as- 4Red-by4his-c-hanr�r-epaa r4 and be consistent with best availa- 7 ble science.a! study iind 8 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- a shall make the request in writing to the applicant stating what additional information is 45 needed and why. 46 The technical administrator; ,, .:;v reject or request revision of the field and literature findings 47 and conclusions reached in a critical areas assessment report when the teehiiGal ,d" liRiStFatE) s/he e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx17 219 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2F 1 can demonstrate that the assessment is inaccurate, incomplete, or does not fully address the critical 2 areas impacts involved. 3I 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; picevid 9 edhowever, #at -the County may waive the electronic format th-is-requirement for single-family 4e- 10 velopm building permits. Applicants shall follow Whatcom County aFe en OUFaged to G9&Fd .kVe 11 w4 --the--tesh.^ieal adm r regard ,; 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 fr.H. The nt-ent of these provisions is to require a reason W-e-Level o nlcal study and alternate 15 an_a_[YLI�_pur5uant to WCU6.16.225 sufficient to assess oitential nMiect impacts and to mtect crjt- 16 iol 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 abut t inp, 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 4 als, and other alterations, and including an explanation of critical area processes and functions 31 l 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 and 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).docxl8 220 WWC 16.16 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 ' 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 mitigation for critical area functions and values. 21 B. Mitigation Plan. 22 1. for all U Rb -,ad� to Fations to a ciltical 23 area or buffer- 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, 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).docx19 221 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/1- 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 "",o 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% pereeRt 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 222 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% peFGeRt 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 AppFeaches-Plansand Watershed -Rase N4anag n4ent 28 Plans. 29 The County shall consider `hall f,r litate Feview and may approve/OF app f-- 30 A. a-Ae alternative or innovative mitigation plans for a -major development (as defined by thisin 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 36.708.210L:er;. 33 34 35 , A-.B.=T-he-rA4' W wIf 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 .•,ateFsh 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 armor demonstrated experience in implementing similar plans; e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected). docx2 1 223 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2' 1 4. In terms of functional value, Tthe proposed pFejeGt 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 S. 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 $ The-Co-t-y4i4-facilitate tew-arid �ap�rava4-c3#awatersl�ed-based n�a lage e t- 14 zsefe l h &4ed4 rime -E . mant din pw rnose dit t ri r+ when iT 4rler s 5�91��vr��`y'-�'r'c r�-v�-�,Trc�-rr-orr�c%fE�$(�}5napcz:'r� 15 used Fe- 16 j:j:jent--4-th.� 'r�pteF iid .irl r`ia Iief fro— +h eific standa5 rrlr a n A req ui rements the _ O 17 whea+Fis-deftaat -Fated that all of the es e-XiFrV 18 9. he propopen#&)-rxonstrate the orr.-.r+.r`r'ratieoal a! capability to rza Fry out the purpe.% 19 and intent of the plan] 20 0, The pivporn ent(c de rfvflsArr}te- th a t-10 Fig rrrcrr- •'t-,-s%3 Re AaPGe,a tG�Fii4g-af � 22 for success r.f th. .. rrF� era I_, I� �rari 1 r w.r nrtr +r r! r rmrarruccrrcr� 23 in-k4igle 1449 ciMilaF P121FIS OF SUP r.Of4lRr e c.� Ei-12if tiG�, 24 12 The-pr-$pGse_d-p Fojer} rc.rl}r i.-�I r. �y Syr •y j �i� e!FVaiia.lof critical areas, 4 25 thavvGaid bei$frap- 26 pFeaches; 27 13• Thc. Pla 05 ORriSt-eAt-Ulittt -a-n-ai3�pFove44-ailiak44 ed-pl n prepaited p Rt +g„ haptef_gG4-2. 28 other ioca-or—:-ate 29 aUt-Of4y4ha♦scapcth the goals aF4-p(34!6es of-�plicabl p-p-reve4•water-sh_ed 302-IOW; 31 14. The-PGari-sha4+-G4ain Feteva4at-- page-meRt-Ara_* ies ce ered-e4ec4ive-4nd-w+t#14444e 32 sce Q�t3�is ekta t�a��. m } .T .. ; vrheFe;-arm haw such,�ra egies hst.t„+& r„ 33 siaectf+ia1,4ed 34 14:7. T4e-jA&n­sih4l-=9nta' eleaeaw earl Fable sty �, T .: „iev+ng ea l+af�t� w+tk� he 35 rpe= _ra-such standards .imen;tefed-and-mea-staved _E!SGr 36 ever- #­th-e P,l rr ar f dedeaatsa is �rno„�..f+he ���., a �� 37 meet Aandor r fry ror- comp4.a e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx22 224 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 2 3 4 5 6 B---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-wa ba-sed-ff-*a•eagnM eRt plan , �� r at+ve +kigat+en plate eloped - der th is--see-tier+•-for-a }ems#op4ie^,t,-p;a R ped-uo#-4e„�e4)pmengr=-developer agF@en+e+ r ;a4 be -a d tr.� substitute-fefhe standards and FeqUiF nt� tlh+s,-�teF-w•hQ•P-a-pK 4y4ke desfg�is ior3-ma r f iderl�+i g deve le p enpermit, as peg CEO) ' cs�s;".e� 7 #eal '' hY li bQ a�#alk�w 8 E—The plan shall be reviewed by the technical administrator to ensure compliance with the general 9 purpose and intent of the puFpeses Gf this chapter,4#e-w44ateorr+-C•GLwA-y--shefeline Management nt 10 Program (-WCC-T4Ie-24),-arm with the co mpr-phef-live-plar-v7and to ensure accuracy of the data and 11 effectiveness of proposed management strategies. In making this determination the technical ad- 12 ministrator shall consult with the State Departments of Fish and Wildlife, Ecology, Natural Re- 13 sources, and/or other local, state, federal, and/or tribal agencies or experts. 14 D-.C. If the technical administrator finds the plan to be complete, accurate, and consistent with the 15 purposes and intent of this chapter, the designated decision -maker shall solicit comment pursuant 16 to the public notice provisions of Chapter 2.33 WCC prior to final approval/denial of permission of 17 the plan to substitute for the requirements and standards of this chapter. 18 ���ItE? f3r}�W�3 ii�i ritl9A }la c< �``svi3a ell jNf msinrr vF d eve!^vpmejitr ..3a. Red 19 apdjor devekype+--p Qements shall I3� ry`vtirciunr� rrinr .rrar.�iy wii Fi Y� Irks FtA c�I y�r�����}e� ,,{ � , � .-ca�arrccarrcz•r 20 r 4(�jar4d-decisi'eras-to app�we-Gfr-de+iV-,uc-h-plans sly the , nder_ 22 ? . V Y� t�r�> ill l}C}$� m e{ t F �a �� a play--t1he-Y hakz rr"r l rt..�11 all be vopt _ 23 ed- pea-t#ishae� � 24 4: not annreve-waters4ed-Na-sed laRs44a-t-cen- 25 #fit --with -4)apter--9G 42 26 16.16.262 Watershed -Based Management Plans. 27 A. The County may consider watershed -based management plans _ _ _ 28 sponsored by_�tershed imnrav�men rii ric s. other special a�ur�o5.e�� tr�r__s, or other gov- 29 ernrn VU-9-encv., 30 B. If approved, s5aid plan ffWshall be used to satisfy the requirements of this chapter and provide re- 31 lief and/or deviation as appropriate from the specific standards and requirements thereof, provided, 32 that the standards of impact avoidance and minimization shall remain as guiding principles in the 33 application of these provisions and when it is demonstrated that all of the following circumstances 34 exist: 35 ' 1. The proponent(s) demonstrate the organizational and fiscal capability to carry out the purpose 36 and intent of the plan; 37 2. The proponent(s) demonstrate that long-term management, maintenance, and monitoring of 38 the watershed will be adequately funded and effectively implemented; 39 3. There is a clear likelihood for success of the proposed plan based on supporting scientific infor- 40 mation or demonstrated experience in implementing similar plans; 41 4. In terms of functional value, the proposed mitigation plan results in equal or greater restoration, 42 protection, and conservation of the impacted critical areas than would be achieved using parcel- 43 by -parcel regulations and/or traditional mitigation approaches; 44 5. The plan is consistent with the general purpose and intent of this chapter, the comprehensive 45 plan, and an approved watershed plan prepared pursuant to Chapter 90.82 RCW (the State Wa- 46 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 councd ed-ts (unprotected).docx23 225 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 consistent with the goals and policies of an applicable and approved watershed plan prepared 2 pursuant to Chapter 90.82 RCW; 3 6. The plan shall contain relevant management strategies considered effective and within the 4 scope of this chapter and shall document when, where, and how such strategies substitute for 5 compliance with the specific standards herein; and 6 7. The plan shall contain clear and measurable standards for achieving compliance with the pur- 7 poses of this chapter, a description of how such standards will be monitored and measured over 8 the life of the plan, and a fully funded contingency plan if any element of the plan does not meet 9 standards for compliance. 10 C. Watershed -Based Management Plans shall be approved by the County Council by ordinance and 11 appended to this chapter. The process for approval shall be as follows: 12 1. The plan shall be reviewed by the technical administrator to ensure compliance with the pur- 13 poses of this chapter, the Whatcom County Shoreline Management Program (WCC Title 23), and 14 with the comprehensive plan, and to ensure accuracy of the data and effectiveness of proposed 15 management strategies. In making this determination the technical administrator shall consult 16 with the State Departments of Fish and Wildlife, Ecology, Natural Resources, and/or other local, 17 state, federal, and/or tribal agencies or experts. 18 2. If the technical administrator finds the plan to be complete, accurate, and consistent with the 19 purposes and intent of this chapter, the designated decision -maker shall solicit comment pursu- 20 ant to the public notice provisions of Chapter 2.33 WCC prior to final approval/denial of permis- 21 sion of the plan to substitute for the requirements and standards of this chapter. 22 3. The designated decision -maker shall not approve watershed -based management plans that con- 23 flict with Chapter 90.82 RCW. 24 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^ ^^ °^rAwi,& 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 with council edits (unprotected).docx24 226 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 sult 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/s#e 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 ;"recommendation 23 from the Agricultural Advisory Committee as to whether the conversion sha4should 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 GOURty ^^LI^Gil `hail seek , A 41 F ai-receri meA- a-tGx j.nvotvA! - we-r= 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 227 6.16 Critical Areas Regulations (Council edited version) 9/26/17 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 ;as beenwill 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 ^rya and its e-r-buff- 44 er, a mitigation site, a designated open space, or a conservation easement be identified with signs, 45 e-r-markers, and/or fencing when neededto 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 228 6.16 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 a150 App 09)(C al this ,-i, ,�-1- 6 7 B. Notice on Title. The owner of any property containing a 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 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 she advise of the geeeF@l presence of tea critical area or buffer on the property, and 12 :i. i 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 permits Effadivisionsl�or-.s�,I.�riv 20 sw^=, ^iiegsit�pian ;, 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 f 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 less than 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 5. Clearing and grading; 38 6. Wells. 39 E. Indemnification. At the technical administrator's discretion, when a permit is granted for develop- 40 ment or use within a geologic, flood, or other hazard area, the property owner shall sign an indemni- 41 fication agreement acknowledging hazards posed to the development and absolving the County of 42 all responsibility, to be recorded against the property prior to permit issuance. 43 €.F. Temporary protection measures to identify location of critical areas and buffers such as construc- 44 tion fencing, erosion and sediment control, or similar shall be required during construction of the 45 proposed project. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx27 229 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 16.16.270 Reasonable Use Exceptions . 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 w#o-a e riaiile e eemp"4i4k­e­s^^^fir standards of this ehapteF may seek ap- 5 proval pursuant to the reasonable use 9F vaFina„cestandards and procedures provided fe-r-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 f been under the ownership or control of the applicant since September 30, 2005t"^� 20 + lots of thpGFd';a^ ,fie44P44#s-c-haW_ r, 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 There will he ^^ damage to 36 vateother pFepeFty properties; 37 g:h. The proposed activities will not increase riskand- ^^ *"�^�+ to the health or safety of people 38 on or off the site; 39 b-( 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 the PffPr#WP 41 +f+edon this ehapterSeptember 30, 2005; aPA 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 slaAmay be no larger than 45 2—,5904,000 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 wkh council ed+ts (unprotected).docx28 230 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ways, parking, utilities (exc;l„sive f aR 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 the 23804,000 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 i 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. 14 - 15 16 17 --- 18 19 21 2-. - 22 23 3- 24 25 26 27 Tke=pfA4je,k it 28 Reasonable Use and Variance Procedures. 29 1. Procedural requirements for vaFianGes andreasonable use permit exception applications shall 30 be as follows: 31 a. "aic4anee and " Reasonable use exception permit applications shall be subject to an open 32 record public hearing; exceptprev+ded, that reasonable use exception permi applications 33 for single-family residential building permits, ct-5--proposed-te-lbe-Iec-ated-outside of geolegi 34 rally hazardous areas 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. Variances and Reasonable use exceptionpernit 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 exceptionperrnit 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 I date for any or all vaic"^c^ and 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 permit 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 231 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 f. Any �0.1.,.J..,., of a 2 r�L �da-.inic+r rr, +h h 4 +.-. 'rX {ifs a drr in is cr d�43Fn�"y���Cn-FL d i��'r'r rev nr crr[�r vFli l?%L ifi `auv�rrr rcr 3 4 g-f 5 6 7 8 9 10 11 12 13 14 15 16 1 C 4-.2v0, Any application for a reasonable use exceptioneeFmit or approval which remains inactive for a period of 180 days shall expire and a new application and repayment of fees shall be required to reactivate the proposal; provided, that the technical administrator may grant a single 90-day extension for good cause. Delays such as those caused by public notice requirements, environmental (SEPA) review, litigation directly related to the proposal, or changes in government regulations shall not be considered as part of the inactive period. 2. All ve,ria Treasonable use exceptionpeFmit applications or other approvals shall be subject to the provisions of this chapter, which are in effect at the time of application. 3. Each application for a vaFim;Ge reasonable use exception p;ailrn i i. shall be accompanied by a fee as stated in the unified fee schedule. 4. In making reasonable use OF-vaFmaRr=e decisions, the technical administrator and OF hearing ex shall have the authority to have the a therity to require submittal of technical reports in accordance with WCC 16.16.255 and/or 16.16.260(B). 17 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-6.V rf n rds. Of TIle h ri sarniner m► rang iance from the dimensional reauiremeDtsjn_this cUMer_when the a -._lop cant Toro -yes by clear: cogent, and_oonvincing a I1r "d_,npe_QL of_tb_eJQjing elements: 1. "fecial circum5tances.apoplicable to the_subiect propJnclud n_ i�,,_hut pat limited to, size, shag 9pQgoRb , beat on, surrounding other ph_ys cal_ motions, the a liica- tion of this cha ater� _ Precludes develo ment of the, pe by the pro erty—owner as otherwise allowed in WCC itl MA11d, 2. The granting of y ri not be induria h health r safely of the communily every reasQp el -ominimize adverse effects on critical areas; 3. The variance does -not -constitute a -grant of special priyileee, and is not based upon reasons 9 haCdship Cay5,edAMprev'os actions of the current property owner after July 18. 19922 and the. mased.�modif'r_cation to a critical area will be th minimum necessary tPallow reasonable a d 9BOCK1#. I . viable use of the ooerty; and, 4. The-ar2ject includes mitieati9_n,fof un v i 1p gilical arear impram, 5. No other feasible alternative exists. C. Variance Procedures 1. 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 counoi edits (unprotected).docx30 232 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 I ber 30, 200501l eff—pe thle date of 4n 4sr-amend nt of this ehaptern, or authorized under a 18 19 20 21 22 23 24 permit or approval issued, or otherwise vested, prior to thate-e##eei date-ef-t, ;r.w amerce this chapter- date may be continued, subject to the provisions for a nonconforming structure in Chapter 20.83 WCC; provided, that agricultural activities shall conform to seGtien WCC 1 6�oArticle 98 (Conservation Program on Agriculture Lands). If a nonagricultural nonconform- ing use is intentionally abandoned for a period of12 ma„thr,5 years or more, then any future use of the nonconforming building, land, or premises shall be consistent with the provisions of this chap- ter. 25 B. Expansion, alteration, and/or intensification of a nonconforming use is prohibited.; 26 &C. Expansion, alteration, and/or intensification of a legal nonconforming building, or structure; (:::A 27 including normal maintenance and repair), is kited allowed unlessif 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 ED. 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, that4he fGI1 ,. iAg aF@ met: 34 1. The reconstruction process is commenced within19 ;enth,;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 B-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 &F. When a development permit is sought for a parcel containing a nonconforming building or structure 41 that has been intentionally abandoned for a period of'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).docx3I 233 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 superier G 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 e 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�,,Qadays 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 cale»Fdays 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 Fespensible pornenproperty 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 234 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2F 1 nonemergency situation, such notice may include notice of the intent to issue a stop work order no 2 less than 10 business ea,endaF days following the receipt of the correction notice, and provide for an 3 administrative predeprivation hearing within 10 business ealendar 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 IE�.�6=J[i•flr�5�r-VY�ts�-�arvgrara#;r��Itr� lands {�!';�:'.. 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 235 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 ARTICLE 3. GEOLOGICALLY HAZARDOUS AREAS 2 16.16.300 Purpose. 3 The purposes of this Article afeis to. Fn*nmmoze reduce risks to publiE health human life and safety and 4 reduce the risk of pfepeFty damage by -rep- I'!azar-deu-s 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 A. Mioimiz _ FiSkS 4.., iiE Ii ;th and ap ` u`a arc the f sk b I t prt���m 10 eAt to geol'ia hazy Fdo s arms 11 B. emi s e ie4�ee�a f�c eef:�st-rtictien 9f loed can i a ,..,. , . h, .,I ;edi- 12 4catie� Aalol fans and rl49W ffOF atarafai hr`y`proce ses. 13 fish and i1d4k--by-av4ai4iA m+r-wmg-in+pa4&-thatn 14 feSUIt 40FA !ades and T 15 4) 4Ma+gt� ufa4-got.logjcal pF e .,hiie-f}r$teCtm �g existiiag and new-devek)p-meflt 16 E. Fs#abh5b-review-pr-Gce4r�� f,.. �. I„ ^.�, ,�� ,.efx sails-+rag�'c�#eg�ea�l 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. GeolmGgk44y--f a2afde IS aFeas aFe aFeas SuSCeo- 21 We4o4rasioP !ands!il.d^ 22 ,hich poge a SigRifiGaRt FiSk 9 ^ ^pie-an-d-pfafae4 Development in these geologic 23 hazard areas can put human life, safety, health, and development at risk, alter geologic processes, 24 adversely affect natural resources, th.�;: bNc-hea h-o , 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 cally hazardous areas that appear on the maps may not meet the geologically hazardous areas des- 32 ignation criteria. geologicallyareas m p-s The 33 County shall update the maps periodically as new hazzard areas are ed and 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 236 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ture, surface and subsurface hydrology, or otherphysieal 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 areasar+Fi€ice-h�azarrea sk�ali be #rthe�classi#ds faNas: 5 a. Potential Landslide Hazard Areas. Potential landslide hazard areas exhibit one or more of 6 the following characteristics: 7 L 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 sour,c*ers�.&lepes-hetweer aiid 35 per eRt that have -a 10 Cr y �e riiiea i�� g%�}Ia 2rnT�rvg1 IyiF�rr a relat Wely impermeable 44-aP444ave 11 seeps; 12 ii. Areas with all three (3) of the following characteristics: 13 a. Slopes steeper than fifteen percent (15%}; 14 b. Hillsides intersecting geologic contacts with a relatively permeable sediment over- 15 lying a relatively impermeable sediment or bedrock; and, 16 a.c. Springs or groundwater seepage; 17 iii. Areas that have shown movement and/or are underlain or covered by mass wastage 18 debris Areas that are at Fisk Of 4+Vff-dUL t$SOFSPAIC fOF es; 19 +-.iv. Potentially unstable slopes resulting from rah+ river or stream incision, ri„ er streaFn 20 la+�k erosion or undercutting by wave erosionacti n There include shx$-excee4iPg 21 19-feet-4-i-he ig ht a djacentostFe ams, lakes and--c-pastal--Sher-elfin es-a-nid-vv#h-e'�Grme-that► 22 a 35 n et „ ad*erA; 23 4.-- "re ri; ;t have shown-evide f ric-Wore o-r ir45taboUty-, +la4Aioo74 4t-not lim 24 iced troack-Mtated benches on rle pes; a re as--,,,i+�4ur-es tfix i1; r rtFu .tuFal 25 damtl+r�garld �aNE+ng f b+�i i €a�a_ar�s;,Q4-a�r�as�t-have tep- 26 nlin frin", $F4Gwed tFees caused by rare nd s rface Fnavcsyaefrr 27 v. Slopes having gradients steeper than eighty percent (80%J subject to rock fall during 28 seismic shaking; 29 Areas that show past sloughing or calving of bluff sediments or rocks resulting in a 30 steep slope that is poorly vegetated, resulting in a ve-r4ie-a-I•-er--steep Wuff kaceslope that 31 is poorly w4h-4tale-er-r-�e-vegetated+ee; 32 v vii. Slopes that are parallel or sub -parallel to planes of weakness (which may include but 33 not be limited to bedding planes, soft clay layers, joint systems, such as bedding 34 planes, joint systems and fault planes) in subsurface materials; 35 viii. Areas that show evidence of, or are at risk from snow avalanchescl„nes having , radi 36 emRt-c steeper than 4f1 pereem s'u'6''jerA W FOCk fall during seismic shakin ; 37 ix. Deep-seated landslide areas characterized by one or more of the following features: 38 scalloped ridge crests at the top of the slope, crescent shaped depressions, head 39 scarps, side scarps, ponds or sag areas on mid slopes, benches and scarps on mid 40 slope areas, hummocky ground, linear fractures in the ground. These features may be 41 evident in aerial images, topographic maps, LiDAR imagery or on the ground. 42 x. Areas below unstable slopes or that have h^^n4def}4ied,as1aiqds4de4iaze-rd-areas 43 that could be impacted by landslide run out;. 44 vi xi. Areas above or adjacent to unstable slopes that could be impacted if the landslide ar- 45 ea expands;7 46 xii. Slopes exceediRg 35peFce„T-Any area with a slope of f0ky peKe.,t 00%J or steeper 47 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 237 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 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 v4,xiii. Areas within which land use activities could affect the slope stability-of-a--la+i e 4 Leo, including but not limited to areas with subsurface hydrologic flow, 5 groundwater recharge areas and surface water flow; or, 6 viii`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 Active Landslide Hazard Areas. Active landslide hazard areas are areas that have been ^��^ 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 tified--duRiig-.a ;l-al(w—1 inspection-arreptira4h,P-40-wiRE-c-iterion- G. Areas thatexhibit indicators noted in subsection (C)(1)(a) of this section that have been de- termined through geological assessment to be presently failing or very likely to fail in the near future. b. 2. Seismic Hazard Areas. Whatcom County is located in a seismically active area that will be sub- ject to ground motion during local and regional earthquakes. Seismic hazards and risk are par- tially addressed in the International Building Code (IBC) or International Residential Code (IRC). Additional seismic hazard areas for the purpose of this chapter include: se -is it-, hazard areas s#aJ"ncA+ de areas subject to a SeVeFe :&k-of earthquake .a^.,.,age as a result of seism i-n- dwee"reued—,hakip dAeFept,^I �,ttE, ant 3i�pe ail�+rt ettler ee iateraa s r�adi ;mass worst e 5urf ce faYltiRg, OF 1-1ique�factie4v. a. Areas designated as having a "high" and "moderate to high" risk of liquefaction susceptibil- ity as mapped on the Liquefaction Susceptibility Map by the Washington State Department of Natural Resources. b. Areas that are identified as underlain by liquefiable soils and due to local topography are al- so subject to or interpreted as being potentially impacted by lateral spreading. Vic. Areas located within 500 feet of Quaternary fault zones with surface offsets. Alluvial Fan Hazard Areas. Any area located at the base of a confined mountain channel and de- termined to be susceptible to clear -water flooding, debris -laden flows and floods, and erosional impacts shall be designated as an alluvial fan hazard area. Watershed hydrology, geology, slope conditions, topography, current and historic land uses, roads and road drainage, valley bottom conditions, and channel conditions upstream of an alluvial fan area are all fundamental to po- tential hazards and risks on alluvial fans. Alluvial fan hazard areas shall include those areas on al- luvial fans potentially impacted by: a. Sediment laden flows (e.g., whe a debris flows, dnu debris floods); b. Clear water floods; have the poteiit'-.I tag' �.i rf� ���m lira health r.r . e4fare of the rn ni.rn�r„ C. �R �z � i� �9zT FFl ' i 1 �fiey-ir�eietf�tlae a a -gene l€y ee��esper*c irlg t#�e patk�a#petepvt+a4loeding,-Stream channel changes, (including channel avulsion, incision, aggradation or lateral erosion and myigrart`i olnl ));-aiiF4;.-sed+riaeRt-ai-i"ebf i s-depasitiof-�-,-a�def3+1�-f law--paths--as-rlete Fmi► led -by ana ys+s wane s 3ay relogy and 51opa tov eg-phy, boll:tiam '•rim - eface-gealflgy.- e.d. Erosion. �. Volcanic Hazard Areas. +ic-hazard-areas sseri to wort#AA�ruf a e�-sk�a61"i de a e< "t�rrr�"tially-sub*c-t4e4-- 'Plows, pyrodaStIG POW5, FGGIaStiE 5UFgeS, u d flows, lahaFS, dObr OS fiows; def�is ava4anehe,a5#-i--ephr-al, chat` #ep4,a)Yfa4, lateral -blast, ba&t—ire-deb+i�-er flaodo-ng r-es i� Ci+}g-hrrvrr-rs rrilrv-rc i�-r�i-i� i`vr'cr E ^h^ram mU d flr. and de665 ^IaR her c ^mac e;\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx36 238 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1Volcanic 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 I 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 239 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 2 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 II Lahars at Mount Baker is less than 100 years. 16 2-.4. 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; c.� siep ar as -s hick are slopes 24 g eate-Fthan 15 percp* tYithroils; atralral Resovr£r?$CO SeFvat onS� dlEi 25 as-h " and inIeF 49 eFG5iQR hazaFd because of r-aI 26 eharacte istic includ+cisvegeiative cea+e seiH.text, slope, gfadient; a-nd-444all patterns, 27 rktarRc-�-ar,d 28 b. Coastal anti Verrne erosion areas that ♦} are subject to it I ar_t f r ,later' eresion re 29 shoreline retreat from wind, 30 wave, and tidal erosion. This in Eludes t"the t 6pated 31 slope/4a.Rk-4i4Tr'min:,dwar-d _ retreatrewd It+ag-#raorr-}-ergf�-�-eF;,Sia+}-aJo11^s-ethe- 32 features that concentrate sel-migration z8neSz3PPIV 33 af+iy4e the5e-waterGsWF5@S retailed CM2—Audies-k-iave-l3-eesa-wattle ,4rea&4:a4 34 are identified as patenti SlR+eeti ie-evidence 35 wN04-are­peFlC4Rgs as-4-Ae4m chain- 36 ryeI r. ion zo+isr c-"tu4iesare ean Oe-t9 . Add-itiGRa4 may e-Fegulate -a-s 37 eFesisn haza;m�ew�a#er3atiorl becoaes ava+l��.l�� 38 What,.,,m Ceu...t„ 39 5. Tsunami npd SeP eke Hazard Areas. Tsunami arm i, hazard areas s4a4kinclude coastal areas 40 and lake sh„rer^e areas susceptible to flooding, inundation, debris impact, and/or mass wasting 41 as the result of a tsunamis*+tan -wave-ackef�generated 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 cea4 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 240 WWC 16.16 Critical Areas Regulations (Council edited version) 1 below ground level. Mine workings include adits (mine entrances), gangways (haulage tunnels), 2 I rooms and chutes (large voids), drifts (...ate.c level tunnels`, pillars (cea4ock 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 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16.16.320 Geologically Hazardous Areas — General Standards. T In addition to the applicable general protective measures found in WWC 16.16.265, the following re- quirements shall apply to all activities in geologically hazardous areas: A. Generally. Allewed New developments shall be located and/or engineered and{ar constructed to reduce risks to life, health, a4;4-safety, and buildings, and not increase potential for landslides or erosion that could impact either other properties, public resources, or other critical areas. The County may impose conditions on development activity in a geologically hazardous area as needed to: and Bcroupant 13 26 27 28 29 30 31 32 C 33 34 35 D 36 37 38 39 40 41 42 43 44 45 46 47 such as wetlaAds aAd habitat eanseinvation BlFeas 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. Review by Qualified Professional. A qualif4ed pFafessional geologist or other qualified profession- algeetechnieal ^^*Rear, licensed in the State of Washington, shall review pr-ejeets development proposals that occur in potentially geologically hazardous areas to ensure ;hat they aFe prepe l., de- signori andconstructed as .,FOVid@d feF in W(-=G 3 6 16 225 determine the potential risk. If develop- ment takes place within an identified geologically hazardous area requiring design or structural ele- ments to Fnitigateminimize the hazard, the des+gnmitigation shall be appFeueddesigned by a quali- fied professional ge9teGhRieal 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 241 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+af- +fied geologis#�r eiri��g-geelag�s#, 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% peFeent of the fair market value shall be required to ensure that the entire structure is improved in accordance with all Article 3 re- 44-H 16 17 18 QI 19 20 21 22 23 1 quirements. 'ry R6-4� rc-&s-UndcF that aFe not .`i'. jjeo to, or t risk ffe `T .Geo4enir hazaFd���Ci{e �S%d�a{r�zr�v�vc� ��ftCYestCtY v«rrar_uta i+�y flis ar t i 6 e. 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 h--ffprr, 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 bAeFsetback 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 b+rffe-rsetback. 24 14—Si:Iha-za-rds wilkbe-4ftulaied-u+ider WCC 20.80430 La n d el ea Finn 25 16.16.325 Landslide Hazard Areas — Standards —' . Rd_S_I",., "2X2r-d ..re 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 avoid 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 242 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 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. 16.16.330 itandaFas Landslide Hazard Management Zone Standards. Alteration may be 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 avoid, eliminate, reduce, or oth- 7 erwise mitigate risks to health and safety. 8 2. The proposed alteration is located outside of a44 a6teve landslide hazard area and any required 9 setbackbt4er, 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 SetbacksbOU-m. 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 a thelcity to require setbacks offers from the edges of any identified active landslide 25 hazard area in accordance with the following: 26 1. The size of the setback rshall be based on the findings of a qualified professional and shall 27 nYe+eet ElFiti^.,l areas and minimize the risk of property damage, death, or injury resulting from 28 landslides both on and off the propertycaused in whole or part by the development. 29 2. The setback h,f -Pr shall include consideration of the up4&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 twee shall include consideration of vegetation on the potential landslide area and 33 in areas above and below the potential landslide area adequate to stabilize 34 the sg;l and preventmil moyemen if the designated bU ff.,. area -la oo4y-,Vegeta" 35 tiers-EThe 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 16.16.340Qali;dardc 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 243 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 minimize 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 16.16.3456tandards, Alluvial Fan Hazard Areas- Standards. 8 The following activities may be allowed in alluvial fan hazard areas when all reasonable measures have 9 P been taken to minimize risks and other adverse effects associated with alluvial fan hazards, ap4when 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 I 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 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 not increase the alluvial fan hazards on or off the site. 28 16.16.350 c+.indardr, Volcanic Hazard Areas - Standards. 29 --Development areas; pFovidc�h n+ all r o 'rrvaien Trams 30 errOak-e f4R;ze Fisks-a-n4-et44er--advers_ f� , ,tih+�.� , ,i+h , �I i haZaFd9-,�4t i a -a mean} lien am ted + tl n r ded +r. 1 a - egr tl�e-a4terat' ��l+�i��„+r�i m �e&er►p4-s4a- 32 t p[rse; a t�.� ,., h� r„ a a#P�i�a#4e leraf p eteet+ve r um � found dd in '.".'WC46r4€-.2-65-aP4 33 the standnrdr of 9 6 642 4ave"eeo-appke4, 34 A4 ger-4ahaf-k�w}dat;ei:-zGne-s; mellowing aaivi rr ay --be allowed as speeifiea�undef4ie-een- 36 1.—D;e4oi34TwatF1-�r e[Ta++d-a mii�t" �e iR-aarlee_w4h-th 37 zandng44al•�FF{-4 ve no threat of we.r ple and that a designed to mini_ 38 m 9 ze the--il�rnm c :rcf e a s-e I T r}ic-i'ra' ce'7 va-Q� af�#a£2 f� a%lf� E�Q�IIFF}$�rCi� Fii`F A�rtiQ� 39 pr�,eiclII�J_th�! the re. nra n re-t4a -6-emr es on cite. on or off the site andmeet zlie-rea- 40 sooa-a va-riaRc d-pr was-3e-t-fGrth4n-W-CC4&. -E. ' . e-wef-Eol�ec- 41 s Rziaeha�G leGa;e l underground and nr.4 likes.. to cause harm to 42 pe9ple' Gr-4h enViFG )Inert if 43 2. CF tieal-f 6144esr-a-s-siefiRed i ebSeGt;GFI s of 'feicitieai facilities," Article 8 ef thischanter of 50 44 of-mere-fie-r-persens ram" h� ^ }}r,, .with€n IaY�a�i�ef�dati�r� zof�es srak�j2et t� t"e, GGAd 45 tiaea se-perWdt FeqUlfeei#trar �� � CCi provk4ed, that the fall-410 no Criteria acre. 46 also Fsets e:\exh a -chapter 16-16 - 2017-09-26 draft with council edits (unprotected).docx42 244 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 rho r,I'r of eiT* ArctesthfGoghSi 4ltta'I$fa �iiailf�Fi 2 prGfe&s�enal.or local r+�+cci vi�i��l�ei�Rr�� the aro uo"f4i•-"r, }ha+ i Rti.i.�-.+.�.d a I.,h 3 cv-- ea`*4 c pfaposed--p4:aject ad eva ation retAe; tGgiptiee �rfe ti g r 4 p-apese�ete11-and- tifiGation syste rns io-3 ineel by a nuhlir enhift. 5 ey-evaG ati9R pla }�a ed-f�}�-a�a�a ified pr�fessien 6 al-Gf-leeal, stprepase4-prej^-+ .r I., ated neaF diFee ly 7 adjacent *_ o a saf.4�at-is with=; wal iig-dfstanee in anew�oun-t-a€-time ies"ha-n4hear-�- 8 E: ipated ti :ne-trMt Ft4akes a lad lnnercnn Of an ^I ^ 4- 9 eatien. 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 3. Acc-e55efy-S#puEtures not inter.=(a';Rg �u..+ney shall be allowed 4. —Single-F +ate-e4�`'felep�v €� Ind � x r l�s-r��ay I e per i +r� lahar reams aracard area l: bi eettss s r }.rs }e to WCG 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. 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: 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. 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. 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. Generally speaking the _ _ rity of I ,i+i, rl' Fa ^#�a ease;�e-frrQ r�*he�Icaaic--sau-rce,-a�- h4Uffh 09115 E-UeneeS-4Pay44£�Se-due4Ggfea#eF-4e*e IN anrc rrrQcd(xAsity farther from the mgwir�n Dr nre t��a !so .3 o s a.�t,-iiti$f�a•{--ail'�1�--K}if�l-plQii92i-"Ff-f��d�t�ix��ia{i--�3ff�E�'�1f'es another n Tay p- o `-paFei�„ �ar�a�m�lr�ief lities have to eva£i ate people from :ithi,a-a1a€iciF hazard area, n distar.enrcrrc nil�f�e �1 e ; �f1f35eareas e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx43 245 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 c4ases t -evacma+e than the -tide-sauree� 2 event};-ar;"- 14he a aunt of time ne sr�4G-wnduct-evaeaatien#e�le�-�u�I+E 3 as via ar, aCOU sOEa! fkWd- + O�Rg�-ala" ' 't-r m c^r-m'rrF d 4 4va-rRiRg-�y5te, G a�Q;=da betai�e�#; peerr�*v wed4ak►ae-sr ada* ,,;- ,�v laeity eels e 5 traVL im a n aly s P.-.r the 5 e atone thfahewwng-La-t+ar 4amr44e -whk-hakA' �pl-"ro c 1 a sC� 6 flow haza 4s, �ave ,- the �rpase sf r►aet+wg e t e le +ae -reg iatia faese 7 I ahar u-.,�..i 7....,,r �lY.. p ii£ -i-I•y-5 i$ rrr"�`-vc-izivgFE--i iEa SrLrA, , d '- iF�QFaiiy--��-S�i 8 ant trat detrafnent I jmpaeet-Cr�d,-c4ease wit d t vw4he sourceevent, as well 9 as in ee nsi d ion of regio+ia]4GpGgr4ny -p+.tfa�e4- 4a h,4r-r-ec u rfeii,ee 10 een&e4-vatve-lahar trav-e 4T+e-esti tesr: 11 J Re A - Inc-Wders- aFl areas irw*�L-d+ate;y sI u �ing the4vse one Bakeirthat 12 r4ay-be4RVacte44y�L-0ase-M -arms_ a se 1 I a h a rs a r ,.,3FeaSth05eae-te fe- 13 c-4a4ic-z4�d-lava- laws--Alsa44c44dnr ", eas i ,.,., y..r',r- 11 1 �h 14 Meui t-Bat4 ifw_ 44i,aa the area imm teiy Urrr. r.r�iert QaL.,r 1 aL., _ r..Z 1 ake Shannon thaa� ,[0_n�. n.sra terl tr h tl, r. i,r r+ h-,aarrJr 15 i3f3a�c�iFi�fI rcasrri�"r-vT 4e—,u r�egoe`F�-,eiehe-I A efa-I�-WaSt hacaFdS, 16 while-destfustrve a ru�-e considered be m.,i c -, r. r) -z r� the. rnf�r��„ �i�rc � nL. to WGC 17 16.E 18 _ 1 a h@F Wa-z- .rd 7r,r,.. 8 - In,-im ar-mr-�aEt t� y Ca A and Case 1. Lahars t are Iry 19 vit4+la44iaur-a imedaa+ce-frcaer-c�even-t-E-#ec4ive4y-4his-odderalI areas upstream 20 River at Alugent's Corner, eXteRding up 4� .d1e 21 Fe�-l�#oeksac jver4a44e- lasg44e�aice Fti3ael �ridg�t4 FVe �`erl�P�al�saciF�`F�R4v 22 of G-1 acinr. Areas hest reap 0 f Lh ese pcat man s are ce nsi rl a re rl in 11 23 raniG Hazard Zone A. 24 ' rh4azard ?arae—,;,€4G4es-all areas that may be im I� C M a try C 1 I h r! vrr-v,-c�az �V'y`z'a�c���zrrra'-'r-`�-vvVlfF!- 25 strew+ aFl+e3ta#+54�8fice averf}lsaciver at filer �Efld e�c#arlrng 26 4 �iv�m Acreaj 4o Eve{-$EOII as within the Sumas River DFainage [OF 5 WrreiatiVe dir+arse ap =r 27 xi++ate+d d'Jby a� -5 lae r a lrh,r calac ere 4e 5E) r ce--e-ver,-t: 28 ��ahar- Hazard _D ides_ all areas that may be impacted by Case M and Case I I ahars dGwn- 29 area4eyer44h,e i.-54haw—tFavel 30 t+n.e d;15 ta:CCe .,,;,,age and e .,. to the Craws loder. Re Ggniz4 g-* ,r 31 �ar{� s„a�Ft�i a laar-sks� s Ia+�vo 4raes adeFara�-a+x��n„�Y.i €f betas l tia 4ly 32 trOM-that414-h rc. nrnrent dU,*nn a r-lear_v ra rer flood, F.,r r r GSeSrevrel '�"`rc T 33 tl+e ett aradevarHty �faara+l 2aee 13 aye �ae�iderrerrte wick►-tlia E-a-SDQ-year 34 #leed;, aFA-$'I-rreyelnnment in these areas sha1.1.meet-t-he Feq ii���of-A tic4n 4, kequen4y-plooded 35 Areas. 36 la"r-Waizard Zone oegulati m The , regulatjews-sh�bie 1 sha4-appl,,--:.44i"Ie d+ - 37 A � ahar Hazard Zones, 38 Technical Assessment and Rev}e����r..r�i.any project p ximum ocGu ant lead 39 assessment-p-repared-bv a q ied Pf4- 40 fessional that ' CIS de- datiens for siting r,f <m nrni,eme ets iR to aging to a.r irl v a1. rza-raTi-rer�zirrne�r+ crrrc�rrreTrcc 41 #aaar�l� ara�►eJea++ic-fia yard-aeagerrFe a r}d evaat+olafl-try additivf{; the tecklscad+eira 42 train-ator '' r1'�vvc-cn�(rifF y--rsv-r- req sire rUrh assessment for _ project de _ ed s l ins+ aR Te 43 vated-risk r,&a-vGkark-WArds-: 44 , —Table�.-oTcan:c-���4Fa4a-r-d-5 ----Fa llitylQesc+pansy U91 use-A#ewa+ases ar�dMaxirraurta-C7cr,+�pansies' -t* r-HazartliZone A - -B - C e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx44 246 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 aclllty><4�sca a€�sy —lase-AttGwancss a � fn gsc par+cies2 --Lahar-Hazafd-Zone .A - -9 IC --B Cssenfial Fanll't'es DrrroehIbIted Prohbted Allowed, subject sLibjeGt t8 YRderlyiRg y a �y �nnino hi it shall moofmc�c-mc-re nuirements o16.16.260 and 265, Hazardous Fanilities P blted Dr y Allowed, Allowed. subjeGt to uncle" %ibjec to �nninn but shall Und"ing mmeettmccci�nc,.-af,e quiof z-Gr*ig 11��-F6�.1�6..260 and 265, -- }ecial C}estapeneies�hih,,�itea —A€Iewed,--subjOGt Allowed, sW*Gt --Allows tG-Wdel iy4 to underlying seb}eat-tg zoning, with Zoninn b„t shall underlog `� maxi Plum-ee meet't#�e're- zeni �g Pam-y-of-400, ai,ire nofr 1.6.16.260 and 26ti- Covered Assemblies Dry oh d XlGwed—,� Allowed, si ihieGt —AiIGwed.. to-uededy+a9 �g s44btar to "'ith-a �e�i undeFlydN FFiC ximum QGGU meet the re Z-oF� ,1"1N �y-0409- �e 16and 265, All other uses al lowed by Title 20 L AAA RD All other All other uses Allowed subjent Allowed su4jeeMo allowed by title to uRderlyffiRg 7GR4 uses allowed by To 20 with a maxi zoning, but shall UnleFlylf}g �T fle 20with a max r--essu�ar�s-y of 100. meet the Fe rr,�[-�r��- 111 nl ire zoning , 0 � TI-1-fC�ITT� ���TTT panGy v 1 ents o 1 16.16.260and Outside the Gan1eY , LAMIRr,D L'm:tted to single-farfly res'denoes and their assesseFy eta lGt , res I See Art { B IF�lt18Fl& 9f� 1658 2GIII# es �— �11#aa4l tEm aGGupa sles l+step k�F Fr�2y�be l ceased pBr WGC 1zop e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx45 247 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 16.16.355 c*.,.T Erosion Hazard Areas — Standards. 2 A. General Standards. erosion hazair^' rea 3 i e-risks and-&th � �c asse�iated � t re- 4 Sivvrrs nd-w#e+:�-th ount and degree-of-the-alieratiers a+�e iiaaited to tka�cr+i�i�� need_ 5 ed-te-aeeAmplish the pfo�je"4+rpese-For coastal, a44d-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 followsspeci#ied: 8 1. Developments that will have-Reminimize the threat to the health or safety of people and will 9 not increase the risks of all-uial 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 .s-)4 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 WWC 16.16 Critical Areas Regulations (Council edited version) 912C 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 identified 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 :1.7, 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 Standard3 Erosion Hazard Area Setbacksb,+ffers. 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 setbackshu#fers 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 la-uf(e, 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 ea4sed-in--w#et^ ^r In paFt by the deyelopm^^ta 44at-„deVeIOPFAePA 26 be s bjeGt to over the life of the development, typically identified as 100 years. 27 2. The h, -f#er setback shall include the uphill area subject to potential erosion, the downhill area 28 29 3. 30 31 32 33 4. 34 35 36 37 38 39 40 41 42 43 44 45 46 subject to potential deposition, and any area subject to landslide as a result of erosion. The setback #-ffer shall include woody vegetation adequate to stabilize the soil and prevent soil movement. If the designated setback h.�area lacks adequate woody vegetation, the tech- nical administrator shall have the authority to require vegetation enhancement or other measures to improve slope stability. Developments on sites that are directly adjacent to a wetland or marine shoreline or other habi- tat conservation area as defined in Article 7 of this chapter may be subject to additional setback buffer requirements and standards as set forth in the subsequent articles of this chapter. 16.16.365Standards— Tsunami ate-seiche Hazard Areas —Standards. The standards of WCC 16.16.320 and ' 6 6,35G shall apply. For development within tsunami hazard ar- eas the proposed development shall be designed to provide protection for the tsunami hazard that meets the projected hazard on the Department of Natural Resources Tsunami Inundation Maps. For other low lying coastal areas not included on the Inundation maps, development shall be designed to provide protection for debris impact and an inundation as determined by current Department of Natu- ral Resource modelingef 10 feet unless other measures can be shown to provide equal or greater protection. 16.16.367 Seiche and Landslide Generated Wave Hazard Areas — Standards. Standards for seiche and landslide generated wave hazards will only apply if the hazard area is mapped 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 ed-ts (unprotected).docx47 249 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 16.16.370Qandwds Mine Hazard Areas - Standards. 7 The standards of WCC 16.16.320 and 16.16.350(4)) 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 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 posed for development or alteration is, or may be, located within an active or potential geologically hazardous area, the technical administrator shall have the authority to require the submittal of a geological assessment report. B. A geologic hazards assessment report for a geologically hazardous area shall include a field investi- gation and contain an assessment of whether or not the type of potential geologic hazard identified is present or not present and if development of the site will increase the potential for landslides or erosion on or off the site. Geology hazard assessment reports shall be prepared, stamped, and signed by a qualified, professional. sThheeproerpF+o�rt shoulclls,— � gatier+ p e s eval�=f� le-1i cha rar nes of 0ie�C�i" ape �] � j�T t am-vi re as. �t}n aI „ .,+ shall r, c� d` 4ield--inves#of histeriEaI a 41-phe! egFa p h 9,zv�ew-e4wb- lic-Fec-or-f#s-a-n--decFl rta-fiE)n, and iTrt�.oi :T.,:i a{ }a££�ra# pt�rv�h2F5 Tk1e Fe 3eF ^ �0 OiOn cl�de--t-�Fye-# fie-w+ ;--{ar-ev�ic d k�at #e-teg_hR iRist-tor- na" Fi4Re�t/ha�nnaFl °..f C�Feq sir menu is ......eees..a�1. r, }T�'CTfC 7e-seepe PTAd/eFa'I^ T hH�, VAC-+-PC'fQ1 1. Be appropriate for the scale and scope of the project; 2. Include a discussion of all geologically hazardous areas on the site and any geologically hazard- ous areas off site potentially impacted by or which could impact the proposed project. If the af- fected area extends beyond the subject property, the geology hazard assessment may utilize ex- isting data sources pertaining to that area; 3. Clearly state that the proposed project will not decrease slope stability or pose an unreasonable threat to persons or property either on or off site and provide a rationale as to those conclu- sions based on geologic conditions and interpretations specific to the project; 4. Provide adequate information to determine compliance with the requirements of this article; 5. Generally follow the guidelines set forth in the Washington State Department of Licensing Guidelines for Preparing Engineering Geology Reports in Washington (2006). In some cases, such as when it is determined that no landslide or erosion risk is present, a full report may not be necessary to determine compliance with this article, and in those cases a stamped letter or ab- breviated report may be provided. 6. If a landslide or erosion hazard is identified, provide minimum setback recommendations for avoiding the landslide or erosion hazard, recommendations on stormwater management and vegetation management and plantings, other recommendations for site development so that the frequency or magnitude of landsliding or erosion on or off the site is not altered, and rec- ommendations are consistent with this article. .1.—A Efr=FiptieR ef wkic-14a ea6-Gr4de site; ;r diRg areas that by the site Gr-� i-feet of the-, ta4n t4-er�er--ge ogica4y-4azar ous area� aS-Se fe#h4P,WG ' -X49- F 2, In :+er.��:rerrtr rsa e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx48 250 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ape-a4ad' e♦x enn }r I ar�i-a ea ar}y ca#kae�cr+tiEa�rasea^s,� a,d fferW�p4ja- 2 eefA-4 -,-o+ *Glut aFe-4ke4y� o4 !`ter -111 en-e +Fsa pI-nr.nr-�l-Or- ie4RF fl frrpo'�zvr� 3 areas ; pgWe an wislope oft jec sfi e 4 Irc}r'r�of existi44&­4 Micture fPl cGess ads r+.. _ of rr.ar.-. als and 5 6 £: hE1 e7FF5tF�}g�Ft� psn r,h , .F h1.e nr r�+a 6 l'rir f.. f ...t--n+.-.0 and 7 Clear'r.n lurn4r, 8 3 A_deserintinr. r. �•- QTn 'k rer i SUFfaee a-P evidence of part e 9 gy, soils, and , egetatlon-fGufnd-�iii1 the-pfejecA-ar-ea-a lad-i R-al l 10 haza{4-arR-m-,addr-err�the 1ude surface exploration data SuEh s.• F. rt r}�s- 11 d+-W-hole tr�R4s-, wells, geeleg4c-fepGr�r3�t- ,-ah4r-celev4-r�+� -ts or -5i—r7fvesfisgat� ieh-34 12 m, ay-�i� kfng--Eon4a&ivn OF recommendations about the site un esstigal�FBi�- 13 4— aA desc-+pt}afa of-t#pr essesa##eEtg tt3e �rt�peryaffected by c#evele�lt stl�e^, 14 t , Iflc-I�} ing-soil e-rosiop-, 4&position r.r acrretinr. anrl�}�pr��t-�`iY&�Y�tie- 15 &--A-deseriptkwvof4hefra i4ty-af4hi site to and a de- 16 &e Fp#&n of, a note ntiahai!a ds that ca yid he crew tern a re. -.ceFbate -fit t-"te­dev-e� 17 ��-- 18 G.—A-d rr�c�on and of -is of r'isk associate ..ri+i r1 r. �,�{xi����-�itiGns and h �ari- 19 sof4lEed-wit444j- apter-and Fprepesa4-fo"eve4- 20 -y opi�r'ieraTt within vri'e rtFneec r `k from the arn-. o#$eeIGg+eaP aw--d: 21 7X—.J1 rlerrrir,ti.,n , ,��}�rS raf the rFsk ass�lcatet�w-itt"� ❑*,-m d is rnit+, +—the 22 FtaZaFdr er.r We public_ safety, and p.roteGt �p� and Gr44Gal4 s, 23 8- k)r-prajeGts s-er-a#ec g4and54 4&44a-zard armor t44,a4epeKt-sha4l-ake-iRc4-ude: 24 a Arrecs n4c �nA t. f. rir�... Cana ch i :li4.s for both the existing and developed TrrTanc cvrrcru�rvrr�--rc Pz=Q 25 Meehan sfT�54eg de4ri--49Anr; 26 rOt&tkMa,l_sliimn iranclatir.nhl rlir.i et 1 hit f t the site The stability al+ir. a 27 lea Feg-,-aA 3hal-ese a Fxl3 R i MU M "04Z-Gntal a ee l 28 era#oeq-as eve cstablissher ed b`y the curre.--t.Te_ien of *he lnterRatiOREII Building Code 29 s#a4a44 Fe sented in these ease s-w Pre stabi s i 30 z ed nr influe. nced St.. �,e e6tting, stream meandering .)r other feree _ ctin a .. the 31 s4ep� 32 E. -` re -Fug Gutr� h1zar_nf landslide debris to the proposed.. deelr pFne. 33 start�pslce waaetkre past-c�# t kFe� jespey B o F> a fig#bcari rig papa*. �� 34 the i 3 a e FUR out nn downslope propeF. aii4-efitea4.areas. 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 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 251 A/WC 16.16 Critical Areas Regulations (Council edited version) 9/2E 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 a44dor 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. 13 �E.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 on�,.e peFee��^^*1% 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 16.16.420 Frequently Flooded Areas — General Standards. 41 A. All development shall conform to the provisions of WCC Title 17' Flood Damage Prevention, and the 42 applicable provisions of this chapter. 43 B. Development within frequently flooded areas shall be allowed pursuaRt only 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 252 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, �—.. ."-be- em^ tFate..-thfeugh submittal a habitat Rt' aAd if n .-.. a rr.i}iWierl plan r. r_r! k.. al'- fi �inr»If :n acrr r&rGe 4 with the FE MA Regia Fi a 1 Gw0.!-.Ree fer th.-. Puget S 9 u i; d Basin—. Th- a!an sha :dentlfy ar..._FedeF@4_ 5 ly 1 i5ted spee Fes a n d a sse emate d ha bitats,l a nd demei stFate that no har.r wo 11 a GGur to such. rna_ 6 GieS _' habitats a ult of .d.,.,..1.,.... en! withmr fl..r ded a eas; aft IF r 7 2. W4The mitigation sequence in WCC 16.16.260; an4E6 8 3. Article 7, Habitat Conservation Areas, of this chapter; a4461-, 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 mitigatien 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 16.16.430 Review and Report Requirements. 16 A. When County critical area maps or other sources of credible information indicate that a site pro- 17 posed for development is or may be located within a frequently flooded area, the County Public 18 Works Department River and Flood Division and/or the technical administrator shall have the au- 19 thority to require a critical area assessment report. 20 A:B.The public works department shall have primary responsibility for reviewing and approving pro- 21 posed developments for consistency with WCC Title 17;.-pFGvided744aL4The technical administrator 22 shall review development proposals for consistency with the standards provided in this chapter. Ei- 23 ther may place conditions for approval and/or require mitigation in accordance with this chapter. 24 C. In addition to the requirements of WCC 16.16.225, C-critical areas assessment reports for frequently 25 flooded areas shall: 26 1. Identify any federally listed species and associated habitats, and demonstrate that no harm will 27 occur to such species or habitats as a result of development (inclusive of mitigation) within fre- 28 quently flooded areas.weet t#ae r irenrer: ^�'"r 29 2. Address adverse impacts to ecological functions and processes, including riparian vegetation. 30 Positive impacts may also be discussed. 31 3. The mitigation for adverse -effects on Frequently Flooded Areas' 32 fiee4p6ja ecolo&ical functions, where applicable. 33 D. The technical administrator shall have the authority to modify the requirements of Subsection C 34 when s/he determines that any portion of these requirements is unnecessary given the scope 35 and/or scale of the proposed development. 36 E. The technical adm;Aistr-atoF shall have the allthOFity to modify thes. ts when he�she de 37 teFMines-thy any pGr6en-of there regUiFe is Is unneceSSaFy OiVeRthe seepe and fnr r ale of the 38 prepesed evelopment. The technical administrator a4sashall have the authority to require addi- 39 tional information to that required in Subsection C that discloses and describes the effects of pro- 40 posed development on Frequently Flooded Area €leedplain functions, including, but not limited to 41 impacts on: storages-ng and convey+egance of flood water; channel migration; reducing flows 42 and flow velocities; reducieg-redd scour and +jspla6-Rg-displacement of rearing juvenile fish; main 43 tainiRg sediment quality in streams; "g-shear stress and bank erosion; OMPF9V*Rg water quali- 44 ty; providingwildlifehabitat; maintainingfishaccess; and ",nutrients cycling or providingother 45 hyporheic functions that link surface and groundwater systems. T=hp pop arts 46 sation f-_�� e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx51 253 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 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 254 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 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 lyadveFsely 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 255 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2F 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 Standards — 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 20.73 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 Standards 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 5N24 of Class V wells. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx54 256 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 perch loroethylene (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 16.16.255 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 257 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2E 1 ARTICLE S.S. AREAS WITHIN THE RURAL RESIDENTIAL DISTRICT OF LUMMI 2 ISLAND 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% peFeent 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 one well to serve two single-family residences for which the director of health has waived all pub- 20 lic water system requirements. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 A. Chloride Monitoring and Testing. 1. Monitoring. Well owners shall collect and have water samples analyzed for chloride concentra- tion twice annually, in April and August, and submitted to the Whatcom County health depart- ment. 2. Chloride Determinations for New Wells or Increased Pumping of Existing Wells. Applications for new wells, applications to convert an existing private well into a two party well, any application to expand the number of connections of a public water system, and nondomestic use wells pro- posing greater than 20% peFGent increase in groundwater withdrawals in an existing well require a minimum 24-hour-duration pumping test at 100% t of the proposed average daily de- mand, at the end of which a water sample will be collected for analysis of chloride concentra- tion. Subdivisions using individual wells are required to test wells simultaneously, or alternative- ly have a licensed hydrogeologist evaluate well interference and water quality changes. Subdivi- sion wells shall remain accessible for future testing in the event of subdivision expansion. 3. Restrictions on New Wells or Increased Pumping of Existing Wells. New wells cannot be permit- ted, existing private wells cannot be converted to two party wells, existing public water systems cannot expand beyond their existing number of approved connections, and nondomestic wells cannot increase pumping rates greater than 20% motif chloride concentrations measured at the end of the test specified in subsection (A)(2) of this section are greater than 100 mg/L. For systems expanding 20% peFGent or less within one year, the highest chloride determination within the past year in subsection (A)(1) of this section cannot be greater than 100 mg/L. 4. Limit on Water Use by Existing Wells. Any increase (tee 0 to 20%fit) in water use will not be permitted if either semi-annual analysis in the previous 12-month period indicates greater 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 258 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 S. 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 posing a greater than 20% peFGeRt increase in groundwater withdrawals in an existing well re- 14 quire a minimum 24-hour-duration pumping test at 100% peFeent 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% pereeRt if arsenic concentrations measured at 21 the end of the test specified in subsection (13)(2) of this section are greater than 10 Jig/L. 22 I 4. Limit on Water Use by Existing Wells. Any increase (tee 0 to 20%fit) 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 259 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 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 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 C-. D. Establish minimum standards for identifying and delineating wetlands. 14 26.16.610 Wetlands Designation, Rating, and Mapping -- IMPtLandg. 15 A--Wet4an base areas-t €aee ApgFG ^dvA-tef a a {r-eq+w4-�c-y 16 a+r�1 citi�ratieta sum+es�tee�fr .n.� +ti,+..,a^, r.^r.,,,1 ,.ti,., ^r+, a prevalence 17 veg�tati Eyialty afiapted €aIi#isa+".,*^�'^' ^ ^dien-tLa;,�a4y-ifleswas; 18 mars-hes-,-1 , de Fl.r. _ _ rtifjC-W4E41anr45efe 19 ated*am-n-Em-weUand-sit , r44'te44e-ir-rig-at+0rl-a^A' FaiRag@grass- 20 liaed-&wa4e��aFairA ien Farili+ie.- retention facilities, wac}eWater tFeatmeat Wili}ie,r farm 21 ponds, a e 1 � e#ia 119eatd a#te�lu4p- 22 rionally crcre ced aS a-Fe5U!t QTT4e-GG­A­5tFWG inn of a read street, nr h.ai-.way. I.in.a'eyer Wet! a Rids rn 23 Node-4ii4K4a�-wetlarnd&4nt�iona4�-c4eaAed to�xa+tigat wetlapd �eipaEtS �wa+x�p Fr sf+wa- 24 teand 5a twa+er maf-sh ec, hnrsr abgmn meadows are exam pies of we t1 ands Some rir.ariar. arear 25 ar{ en + to streamsa ke-wetlands 26 9-.A.Wetlands shall be ide-Rt4ied-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 meeting the criteria in accordance with the 5nr1 Dekoea 29 Mien-MaFl a"��^'^gy Rr 11 atie r�36-94}-or the U.S. Army Corps of Engineers Wetlands Delineation 30 Manual, 1987 Edition, and the Western Mountains, Valleys, and Coast Region supplement (Version 31 2.0) 2010 or as revised eafeWanding-g-wdance lam; rega,l=doss Elf Tr -fer;r entifit-atigll, are 32 hereby designated critical areas and are subject to the provisions of this article. 33 EB.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 $:C. Wetlands shall be rated based on categories that reflect the functions and values of each wet- 39 land. Wetland categories shall be based on the criteria provided in the Washington State Wetland 40 Rating System for Western Washington, revised 2014, and as amended thereafter, August 2004 41 {Ece4egy Rrks€iFati$a AIQ !4-tG-()9U4-€3-02� ), 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 260 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 —category NA�eteger,��ir, a��ts5e w*tlara�� c ., ..i� ,zl . �I.,�, tr+x�s of 9 W4te4i%-Wa-t;ef-g1.,lz,�,,, Loring flood and s�e��xn�ater,-ar►d/a� p�uidir3g k�a� «� F^,r �;���i;fe as 10 i*dja by a rating syAem score of 27 G p nt5 e more n the Ecology inn fn�These are 11 wetla c-am � 44e5 of 1_-d-ha t-far sen- 12 smit+ve, t#reatene"r esdangefed cin OF have other nit-ihutec with f, nctiosis aF_ 13 v+ees--that-are verydf;;e It er pessibhl te-r-eoace Ef_tered. Cat eg" I-wfztlan�s inc4a I �gye 14 i�4d�-cAtw�iia-1ri—wetian�Fc+. w e bands with a high -conservation riir"mn v'�a'j�ue, �rhi�•IaR49-�ih4hl 15 ►r 4,a3ta�lagt�or�sf rnalaf 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).Catcgar-y-4-Wetlands. GategOF r I' • ^t s-I�a g a al se aged 20 oR theT netmenas indicated by a rat i,Rg r rtem s - .,f L4.,*.. rr... r. 7f'1C 7 +id 2269 poinetts on the 21 C Sege yy-I t f u i4frecl-y e n tly 22 af4d- ties that aredifficult to r p ifs% 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.CategeFy III Wet_ 28 landsQtegap�resourre value hr irtidwated by a rating system 5ceFe 29 4weef 1639-3 -1�59 p o„-t ie cv�gy rat+�tig #a Xhey aer rya ar�!� i s 30 een. 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.Catego"-Wetlands:-Ca-tegG y 1�! . retlands arm wetlaads that 36 have -highly-Ste-r-c,"Ad are of liFnited resourEe value, as ORdmeated by Seefe 37 �Cr3�3�ei��tsar�lie€c�laFatingforms—T4ey4y-pl-c-apy-havc"eg�refsiliw 38 age -a id class, lac seesialhabitat-featlmff0s,,a; d/ef--a-re-+selated-er-d+see-^OM other 39 a aatie al it„444 , , r A NeveFtheless, ge V�a+eElal s still Dave 40 valin ar, Gum Liles 0ICThey aS9have t I� 41 rrrest$eter�tal foreelogiEal-I+#t ��i{�r�Trce irwafue ifestec} 42D.AII wetlands shall be regulated regardless of size; provided, that hydrologically isolated Category IV 43 wetlands less than AY1e tent" acre (4,356 1,000 square feet in size} may be adversely impacted ski" 44 mef#s-eF tl_�artide-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 261 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, ^-as defined in WCC 4 16.16.710. or buffer-a44d-S-nGt-iR-tegFaI t9 the FA444e„aAGe— -hay.,+ + F,, ,�*;,. of 5 6 4. The wetland is not located within a floodplain and/or not associated with a shoreline of the 7 state as defined by the County's Shoreline Master Program (WCC Title 23); 8 5. The wetland is not part of a mosaic of wetlands and uplands. This criterion shall be determined 9 using the guidance provided in Ecology's Wetland Rating System for Western Washington (Pub- 10 lication No. ); and 11 The wetland is not identified as locally significant by a local watershed plan prepared pursuant 12 to Chapter 400-12 WAC. 13 16—Averse irr�pactaR�igt�rsa;",�53� fiS4 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.; aPA44e--aFnOUAt apd degree Of a'*^r +' . are 11m ed 20 t@44e-r:.44R+umer 21 A. Developments that meet the reasonable use or variance standards asset forth in WCC 16.16.270. 22 B-­-Sai-face-wa#-eF discha ge4fl-k egar-�4k, tl+; a id-4-l-vetl d� #eir� fft�l r�cfr tegvF� I we#- 23 �{f— ,.,;,�., ^+s,.,. ,i+,r.,�+r.. ,s f � +afge are feasi le aed kie d sc#arge4"4Ed p 16 to 24 to thL We#aa-sa-d-, 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 9-. C. Public roads or, bridges ; an#4fai{a-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 or; 39 bridgea+l 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. 41 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 262 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 E. Agricultural Uses as follows: 1. Construction of an appurtenant structure that is associated with a-n-a primary agricultural use; or the reconstruction, remodeling, or maintenance of such structures in wetland buffers, subject to all of the following specific criteria: i. The structure is located within an existing lot of record and is an egg ongoing agricultur- al use. ii. There is no other feasible location with less impact to critical areas. iii. Clearing and grading activity and impervious surfaces are limited to the minimum necessary to accommodate the proposed structure and, where possible, surfaces shall be made of pervious materials. 2. €_x+ geB�Ongoing aU'.�_uitur�Lactivitie.s su. '_t tp the followi_r��; i. The activities are rwndueted in accordance with Iapplicable provi�ir�n�l _s cha ter and WCC Title 17; or ii. The ag icult r?.f3aivity is in comoH=a g With the Conservation Prog�r� _ n ricultural I,iads [CPAL) as described in _ Article 8-of this chanter. F. 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 wetland 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. The well is more than 75 feet deep; and 2-3.Any impacts to the wetland and buffer from staging equipment and the well -drilling process are mitigated. G. Stormwater management facilities. -3-.1.Stormwater management facilities, limited to detention/retention/treatment ponds, media fil- tration facilities, and lagoons or infiltration basins, or bio-retention cells (engineered or raingardens) may be permitted within the outer 50% peirGent of a Category II, III or IV wetland buffer; provided, that: i. Construction of the stormwater facility does not displace or impact a forested buffer; ii. The width of the buffer between the stormwater facility and the wetland edge is not less than the low intensity land use buffer standards in WCC 16.16.630; iii. There is no other feasible location for the stormwater facility and the facility is located, con- structed, and maintained in a manner that minimizes adverse effects on the buffer and ad- jacent critical areas; iv. The stormwater facility is designed to mimic and resemble natural wetlands and meets ap- plicable county or state stormwater management standards and the discharge water meets state water quality standards; and v. Low impact development approaches have been considered an implemented to the maxi- mum extent feasible per the Department of Ecology Stormwater manual. 4.2. Surface water or sStormwater conveyance or discharge facilities such as dispersion trenches, level spreaders, and outfalls may be permitted within a Category 'fi, III; or IV wetland buffer on a case -by -case basis when the technical administrator determines that all of the following are met: i. Due to topographic or other physical constraints, there are no feasible alternative locations for these facilities in the outer buffer area or outside the buffer. ii. The discharge is located as far from the wetland edge and/or buffer as possible and in a manner that minimizes disturbance of soils and vegetation. e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected). docx61 263 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 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 Ft:H. Passive recreation facilities that are part of a nonmotorized trail system or environmental edu- 4 cation program, including walkways, wildlife viewing structures, a444-or public education trails 5 wetland huff rs; 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_,ai4d-They shall be made of pervious material or on an elevated stFucture where feasible. 9 3. They shall be designed to avoid removal of significant trees. 10 4. When located in the buffer, T"r,p tr;;*'erthey fa 44y--ir,-should be located in the outer 25%A per- 11 epn* of the buffer. 12 -45.-area, and should be designs id Femoval 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 tra�.r aeility is shall be constructed and maintained in a manner that minimizes dis- 16 turbance of the buffer and associated critical areas. 17 4 18 T ��t.'s ad 19 I ANGG Zsl@ E. o f 20 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. When, fGF WhiGh it 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 J.K. Phosphorus reducing BIVIP 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 on all sides as ., aFked-in ►ho 41 4edd. 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 councif edits (unprotected).docx62 264 'egulations (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 intensityen-the-4teFvs4ty-o-f-t#e-pr-Gpesed-land-,5e-and Floe €+�ct+fl�a�ei valti,�l�Fa�icled b;=��,l,d. The intensity of the land use shall be determined in accordance with the definitions ail -fined-founr 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 applied. D-. -Theme are thr._,.. ++o&4b1a-Aa+Aar-d buffer seen- ries l'sStedin the fBfiAa�- Nifag { Table 1. Standard Wetland Buffer Widths 8-9 300 225 150 5-7 150 110 75 < 5 100 75 50 Categ 8-9 275 150 100 5-7 150 110 75 < 5 80 60 50 Categq.CL,jll' 8-9 150 110 75 5-7 150 100 60 < 5 80 60 50 Category IV 8 - < 5.9 50 40 25 57 59 49 2-5 45 50 49 25 * Definitions for high, moderate, and low intensity land use are provided in Article 8 of this chapter. Fids t Yat aVP-a--high-leVek4 f U r. w 40n.1 for i r ldlife habitat as in d irn+ad by a ha b4at-fi&nai0 s4EW of-8-te 92-9 pB+F�tyre of� t#}twet' andratiog-fa--aa he buf#ems- be as-fGJ10 s+ -; Watbnd fie} Moderate ,, LOW ,*"n4w Categef--y-a No 2_2� 1-50 GategGfy-14 1 2-7-5 1-50 AAA e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx63 265 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 Gategeiry W 1-59 14-9 7-5 Gategairy59 49 2-5 Pef4Fi4iogs a lew4nte4s4y. .yAed in Article 4 of this chap- 1 a level ef function for w4d4fe 4 . y t�i 2 r se_seere of 20 far{.}i; �#er$ siaa�i u as fol W Watl2nd GategeFy Wg-h . A40dar2ta LGW ky GkRgo4 i 1W �s Galeoap�-41. Categoiry 414 1-59 IGO 69 QtegeFy 59 49 2-5 Re ion-sr�igL' FRademate a d--i9Wf s4y land--u5,--ar4--prav�&4 m-4a c4e4-Gf-t is-ehap- teF 3 � G. Gnr wetiands that haye a- {aedb 4 score )Pecs than 20.5irat rm, the buffers shall be-a&fe4s- Watland �5e� #jg-h 4"n4w Mederate tn�l J. W }L T et) G 1-99 -7-5 59 Category 44 59 b9 59 r 4V 59 49 25 If7I I�f}S �4f r }# i# f#146��r eand ow Ip�-,ity Ia d use are nrn..ir) ed in�A_�rz��„�,,,�€x 5 '1 .--B-ec-ai're there i -. I-h ip%sea hrrnr -�Fr.r:. .:+ }_ e- iE�i C��f �-Iff--tr L hnhit-f c 6 the4eiEaka4ffi4FIi-5tFa4e"nay-d-Lvl!•'f the-bufe"�^ "2Fnents outlIn subseEfio-R� 7 section and i +h h h #n ir;+h FQa -FA e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx64 266 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 the-hab_.t.at snare iA ae.+r.r.Janee with gui f .. r="eve4G e tf artn+eFItaf Ecology :n[e land$ 2 in Washir$�z�{i�SJ��r7�Q' f rYea Vic-�--w�"'e�rvn"'��FtfF-RZ otert'Rg and Hadar ing Wetlan - (Publirzati .n #G7 35 4 16.16.640 Standards 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, e ll, or III wetland shall not be reduced to less than 75% peFeent of the 10 required buffer or 50 feet, whichever is greater; 11 C. The buffer of a Category IN c,,r IV wetland shall not be reduced to less than 50% t 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 speGifieSuch measures may that shall 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 facilities -that generate substa*tial-noise (sueh aS eFRLaFi dust-r4- 18 ,l ,Rd- r eatienal fa,.:l:ties► 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 ✓•riipJ i-x—ot-integrated pest management pregrams'. 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 r-ineffintobuffer 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 r with dense native vegetation appropriate for the Fegiee County to delineate 30 buffer edge and to eFeate Oise, ilght and dis- 31 courage disturbancedemest+e-a i-Maa4f1 rUP4GA. 32 8-12. 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 SUand;ards—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 essential wildlife 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 267 WWC 16.16 Critical Areas Regulations (Council edited version) 1 D. The minimum buffer width of a Category I, er`II, 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 III or -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 26.26.660 ems —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% peFeent); 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. :-- w Process for Ada..-S,.,^i.,t- 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 iRvestigati^^) 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 ve_tla_ ndAare nreseni h n wetland review will 23 be considered c.ompf ete- 24 A-..B.lf 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 e" a 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 . 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 ORYestioation 32 rl,at�nv�s-calgp ideF}WiCato Q Hhand a +;.,.. ,.F �!I � ,a+lam ""r - 33 , and may include analysis of his- 34 torical aerial photos, and review of public records; a+ad- *n^ }h a Jaeen* ^-epefty-ewr+er-s. 35 9-.D. A wetland aAssessment repeFts 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 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 2-.4.A qualitative written assessment and accompanying maps of ^r° easwetlands 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 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 , 3—€x4sing-wetlan44unet4eR&-ancWaluPs ar4-a-4efa+led4es�+pliGn o t ie effects of h 4 r El n w_- nd and buffer NFICtiOn d value ir.r-I-ud4 thearea of direct land 5 t+*raance; area aF flee-red-uOie - r-aveKagq-)g nc4odivg-dGeL+m- Caen-tha>`f et+$as and val- F] io;_,kill nrit_ . adversely affected by the red u effects of stormwater maa_ 7 ageFnen rap d h�rflrol4 ieafter io ir�elt g ar�ges [�Iaat r it �faage fzr if�fitt f� 8 pa tte rnc; effect is nn fic 14 a n d- ife rr�a a bit-'�narinr and gr7.di ng irn��rtc• 9 tPf�aparary er�5 etiera-ir pae#�; a�jFe� �ffecEs�f-irFerea d ei e; I+g i ar lal�n�; sr tru` l;. 10 5. Existing physical features ,r, *- d—ethpr ft4 L-5, M 45 11 w-a'ter-494ies -e4c:;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 —.repies 0 f t he--wet#a R d F a tiRg-fafRs-alad-a5seeiatR44igt #rel +-I-he Ecology WetIand Ral,iR5ys- 36 amended• r Qgy Rt�l�#icatfefa No- 42-904-0"25-} 37 shy I1 b E de- 38 ter fined--throu h 'the r erferma nee fint.l i c r+fir: +ir,r 52 _�ni ,i �la nr �naj 39 a-poy+r}g 'U.S. r„r..1 �f r.,,,+ra�ersrWe IaF�ds 9e�i t'�Yi `�� 1 87 Edition, aid f 40 V�F25t��fl Mi3 �'rr,�„ a gieta-sl�}� „# r�� r�i�, 1 n1 21n19 or a revised 41 'nif1^t�+narads Ide+�i#iea+o aft gel+ratief3 Marry' rreq�+ir-fay f�EW 42 369A-1-(celeg+�a ti^ ^m,$q } -Te vet bei+sa� acy staa#l-be fa+a�±d ifs-tefel 43 a sh—T G�r��rvlc ectru Yetlands areas shall be marine. g-4or-; }i..., a., J r of 4 44 Pe�ii�3+6fi �f��mrc aclir^,�3jf 45 t my Go rps of C 164nn��.�en a hirrh deg re a of h��y�yL�nnror � pl�� 46 ❑❑, i Y 47 �NetFi� Lf+Fl�aiala f7re�k"„- T f,�,v;,^,g afe f e�i�irrc:rrrp d2i_ 48 eat:ien rePeF& e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx67 269 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 4 ie-Feport 5h 1I be fire d-f�y a-q af�€ie�l p efes5ianal-fir wetl.3rld w a rx is #ae-ra i- MU gntsas-Aefined_ira this rhanfeF W e "sir 5 +—Rarelwirsea lg�f+owig-a I l �nr�tla�ha i 30&#eeatkelapFx�etoo 7 ire ar-W -anal raaeag-es (T 1, 2, 3, 4, 8 fle d PFeLne areas and cri t ica1 h bitat eate ned PA -en 3angarn rl W}Rh i'�0 9 feet e4 e-eveir)lent-foGWiW- 10 Tnnr)rs .phic m�a-n-o-p-hvaaSe-cd-Gn-c-4y--Gf--s4r-N"ed-da-ta- 11—#�ap�f�ievelep{-�et�t-��e{�esa�w+t#-aae��at�-saale: 12 Wetland n�a�lysis.A-we#a-Rd-Ae4Aeatifan report shall provide an ai­' sir of -.II i etiands „1d 13 kFer= {a tkexet they -Safe iega�4y ac�esse�}witf}i 15[� feed atk�e developer ^mot_ 14 npr irclljcdm�r�j" a'rtry rrnf}:rr+ irr the fnifn...Ir ra 15 —�I ai E��#neata�a 16 17 18 19 20 21 22 23 _T3ie-we#anF-bGuo4ar-i shall be rurveyed by a licensed r r r�e�k�e{i-wi�l-r-an-aE�-ter-any-o€-pl=�}�ix��s-a+�f��#-arsr�v� s i tan cat ea Eli wetly s e� nd tegof-y, —4)esepiptieno o email w ester r u _ r.d dr —13esa-F+ptre��-ef--vegetatrertr l-�(�Q�i' 'l iarrand soil_and substrate rr. (•�.I-tF$R� _9e&e+4pt inn of w9l d'ife and ha hi tat �$p©gFapf�iaafa..,tie ,� at tWe--€Qet6130GUFS. 24—Ciinctional assessment of rile-w�'t�ilk��fl��ae�f{�iiEl#�n�i LiSn g-a Ivc'l n argeFA4& - 25 ae egr}i =ed-F let#red arid- ng-#-he-FefeFenEe of t#re method a al ata-_ 4eets: 26 —Standard buffer r _ _ nts fee .,� 27 associated huff�fopG5e"ev&- 28 o p ment 29 G. Review orecess fFor single-family dove building permits, —.T4e-#a#l4Uw-jng-eptiafSShall app[y 30 Of gl. fa .il.. welfi4)g-is pro 05ed an a -site that eont-,i wc-t 31 IaA ,h4�_r, 132 �E.An assessrRent report sh 1l h^ ^aired ,..hen the single-€ami4y-dwe4ing-and , at^.a 4.,a4w-ize5 aye 33 applicant may hire a 34 qualified professional to prepare the assessment report or may request that the County assess the 35 regulated wetland(s) and buffers and determine the impacts associated with the project, subject to 36 the following: 37 1. Field investigation by County staff shall be at the discretion of the technical administrator and 38 subject to workload and scheduling constraints. 39 2. Fees for County staff services shall be in accordance with the unified fee schedule. 40 3: W � die }�c3sed�il}g!e fa it Iling aed-as$aeiated featrr e iec-ated--o-utside4he 41 stafndara buffet r ifec<uf PO a5sessment e_per-t-4)4 42 be Fequn=edd. 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 Wave the e„th^.i*,. to require that deterrent devices (e.^ split ram' fence 9F�Fa�raen� 46 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 270 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 1 16.16.680 Standards — 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 s4a4may n+&y 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 5. 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 SaIm^^ °^r^ ^� 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 I 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 2. 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 counci; edits (unprotected).docx69 271 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 rehabilitated, or enhanced wetland area shall, at a minimum, provide a level of function equiva- 2 lent to the wetland being altered and shall be located in an appropriate landscape setting. ReplaGement Ratio* Wetland sr-y ReestabRshment-pr---Great+an Rehabilitation EnhMnnmm�n4 �1nly Category 4 No alteration allowed unless are sse �#ial PubliE, Facility Category 4 34 64 Sategeyyl-4 2-:1 4:4 8-:1 Category IV 4,54- 3:1 6-4 Ratio is the I-eplaceiiien"rea-irnpaGt area 3 J 3. The mitigation ratios noted above 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 17;1 Category II Category I No alteration allowed unless an Essential Public Facility 7 ' D. aenlalee ent 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; .,r„..ided, that 10 tk-techoin aetl r4-y4o-apprave a-sr�l.e,- 11 co na. ra. is A ir_I•i. �c z r..�rll .. r. l•.iL.it ai�rment of the stanr aFd l•..FF.-. D.. i�l�r-�f���, 12 not ereate h.fFa r_anf..vhr-. eL�di1-.'r.ir.a F'',"• �T.�-`i rcur�-vTvrn:�5-Brr� o�v�nT.T�F'F9�' F�le5. 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. Per �to ollE! aci-e o€a-Eat-ege;:4kwet4ari d requ;ri nga-3: { 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 272 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 j rati„ f.,r re- .peztia , ea n b , epsated day cfeatirig..49ne aEFe a .,,, e ha ,e,,,,, c9 F ae Fe s i�tead of 2 J the adnal hued acres of creation tl 4 r1PdBb}I%i—(3t-�1 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.Wlaenlaeetig tl�e reirtia 8 would adversely affeEt other- in;4I _ale characteristics of aR n4hor..r:ra her. rr. r.rdate 9 aft sait�tigatiara-si# 10 11 12 The FatiOSFeCIUEe4JMfSHant tO subsectionry (E)(2) and (3) of this seEtion shall be at least pe-F- ce a#tWe starls�arc!••r tins list�Ef in il�see ' 2) of this seet pop-(�}(�hall not he less Sharl�a 1:1 Fatme. 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 valuesiRte peFpetuity. 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 16.16.690 Standards —Compensatory Wetland Mitigation Plan. 31 A. In addition to meeting the requirements of WCC 16.16.260(B), a compensatory mitigation plan for 32 wetland and wetland buffer impacts shall meet the following-fe-q��eme t : 33 1. Provide an analysis of existing wetland functions and values and a detailed description of the ef- 34 fects of the proposed development on wetland and buffer function and value, including the area 35 of direct wetland disturbance, area of buffer disturbance, area of buffer reduction, and area of 36 buffer averaging, including documentation that the functions and values will be increased 37 through reduction or average; effects of stormwater management; proposed hydrologic altera- 38 tion including changes to natural drainage or infiltration patterns; effects on fish and wildlife 39 species and their habitats; clearing and grading impacts; temporary construction impacts; and 40 effects of increased noise, light, and human intrusion. 41 -1-.2. The plan shall be based on applicable portions of the Washington State Department of Ecology's 42 Guidelines for Developing Freshwater Wetland Mitigation Plans and Proposals, 2004, or other 43 appropriate guidance document that is consistent with best available science. 44 2-.3.The plan shall contain sufficient information to demonstrate that the proposed activities are lo- 45 gistically feasible, constructible, ecologically sustainable, and likely to succeed. Specific infor- 46 mation to be provided in the plan shall include: 47 a. The rationale for site selection; e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx7l 273 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 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 functions4"er-petuity. 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 274 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ARTICLE 7. HABITAT CONSERVATION AREAS (HCA) 2 16.16.700 Purpose. 3 The purposes of this article are to: 4 A. Protect, a4;4-restore, and Mmaintain native fish and wildlife populations�s;)eriall uiatio iis-of 5 f a-nti4&a o� is_fkh-species, by protecting and conserving va4iabe 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, aod-ponds, and Ratural 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 ay-aidedminimized,—especially allai;g c^ faders. 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 i 16.16.710 Habitat Conservation Areas — Designation, Mapping. and Classification— 114. butnt ^^^��^•�- 15 1 �a;zac. 16 j A. 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 B. Habitat conservation areas, as defined in Article 9, are those areas identified as being of critical im- portance to the maintenance of certain fish, wildlife, and/or plant species. These areas are typically identified either by known point locations of specific species (such as a nest or den) or by habitat ar- eas or both. All areas within the County meeting these criteria are hereby designated critical areas and are subject to the provisions of this article (see also Appendix D of this chapte' The approximate location and extent of identified fish, a44d-wildlife, and sensitive plant habitat areas are shown on the County's critical area maps as well as state and federal maps. T However, these maps are to be used as a guide and do not provide a definitive critical area determination; each ap- plicant is responsible for having a property -specific determination made pursuant to Article 2. The County shall update the maps as new fi-sh a^dd .•.;l,-life habitat conservation areas are identified and/or more comprehensive information on function, condition, cover type, and resolution is devel- oped. C. nHabitat 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. a�A-.�o.+. .+'nor'"1:+•vm �v-iT*nnn �-er-f'`,. rj-n not Fn:..eet the the efi nits en of a stream See A.+:de 99 DefF ,i+ nAq e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx73 275 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 (+Flows directly into shellfish habitat conservation areas.S#earn -as defined tiEte-� 15 16 fi i)--SSG ;tea s are tk�ese�t� eaTT, e, ta# a sad-eguaat as sire l+€ t�ae 17 OAe as -defined by Any n 3--iS-41-9--and-4essig-Rate4-i�t#e �ha-tc$r+v4o . ty-S .ere- 18 Iie4a�var� (W�£-Tat 19 ¢i�+�ete fFis#-�ea�i�strars-�#- >Tt tie-�#e►iieT .,�,' ,� �� `+a#e 20 b EiT gyres ; h i erf�i-e vtes�tial by-a-nad ira Fes, N' F resident #i&f Pes 21 Gies. � � all m rmi Q .wr..nr 22 ace er- arnee-M ##i 23 aVc?Fia#31e -ieF1� �.-arm ntake } $ri.nrirla rh}ir n factors such as Laao rFs of an- 24 bearing Lide but -are not 10fe4e4ze 25 speeies- life -Ey0e requir eT^ s, hab -_s i abifiy.-c-h annelgr_ad+ela,re-seRce of lam 26 Of fish h r+ r h. nr.arorn image-an::ic:-r,-�r9�#C'�-1-FSI�--�9�i�t�9n�-a-y=�vv 27 of cu rent, nscc"Fi", f"ofa' h u by a qualified 28 nrefession 29 streams are -those streams that have nG-CwFer.}historic,-M-Pa r 30 pete"al-may -Ra4rGM- GOS,-�sidert4i&#: 31 kikOii) StFearns do A Ot in de cl a di+ehe r .4-fi-p—I ,n Arkiele o 32 2. Areas wi##in which federally and/or 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.goylecpj), as 35 amendedh r+f-ar�soeiatien. 36 -1-.3.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://wdfw.wa.gov/mapping/phs/ or 39 http://wdfw.wa.gov/conservation/phs/list/), as amended. 40 2L.4.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 276 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 18 19 20 21 22 23 24 25 26 27 28 29 3❑ 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 3-.6.Areas in which state listed saltwater critical areas are found, as listed in WAC 173-26- 221(2)(c)(iii)(A)CGrnnaer-ciaf-ate reEreatio�aa� si eil€isfa eAs i.� l r�l ^ designated Shellfish tat GenseF at*ep Areas 4__-_1<4p-a+ir{ aalnrnrr l-.brie_ 5—ioc-Docspawning-af of fo age -fish, ii-lc-iNE44g-but not tH: su 5n4e#,Pac4fic--he+i'4*g, P-a€ifIc sand lance, e, o anc4i-Gq-a+id4ang-fa-n-5r4e lt-. 6 7. Naturally occurring ponds and lakes or manmade ponds and lakeSeptern 30�(30--��xeltrdit�-agr��uitur-a-I�ir-e-pt•�ee�i�rr; arri��tarr�watgr�aeffi�ies���ie�ae�es-i-r�--s+ze- or manmade ponds and lakes under 20 acres in size and created prior to September 30, 2005, excluding agricultural, fire protection, and stormwater facilities. l-strea panels-sha4-4eb fegu- lated-based-er+-assec+ated-st�ea�- -7-.8.Jiau*a4y-9e irrrin lakes Qver 29-ae�r 4-eAll other waters defined as Waters of the State, in- cluding marine waters,-and-w4tefs- f4ed--with gam;) +-a goveFF)Fnept or tribal ^„tity. 9. Natural Area Preserves, Aquatic Reserves, and Natural Resource Conservation Areas as defined by the Washington Department of Natural Resources. 8 10. Portions of the San Juan Islands National Monument within Whatcom County (including Chuckanut Rock, tip of Eliza Island, Eliza Island Rocks, Lummi Rocks, Baker's Reef, Carter Point, Carter Point Rock, and Seal Rock at the North end of Lummi Island, and subsequently designated areas). 11. Frequently Flooded Areas that are subject to the Federal Emergency Management Agency's Na- tional Flood Insurance Program Biological Opinion (FEMA BiOp). 9 12. Species and Habitats of Local Importance. Locally important species and habitats that have recreational, cultural, and/or economic value to citizens of Whatcom County, including the following: a. Species. —The Department of Planning and Development Services ;r a lthOlFiz d +^shall maintain a current list of Species of Local Importance as designated by the County Council. As -of -2 4167--t-he list includes- TU FI(e , Vulture; nleeksack dace; I. calm nr i Turkey It. 'r. o i No ksaek ; Iv. Sa1'rh s maker a.b. Habitats. i. The marine nearshore habitat, including coastal lagoons, and the associated vegetated marine riparian zone. These areas support productive eelgrass beds, marine algal turf, and kelp beds that provide habitat for numerous priority fish and wildlife species in- cluding, but not limited to, forage fish, seabird and shorebird foraging and nesting sites, and harbor seal pupping and haulout sites. This designation applies to the area from the extreme low tide limit to the nrdinar-=, hig-h,vvate�-rnar kupper limits of the shoreline jurisdiction; provided, that reaches of the marine shoreline that were lawful- ly developed for commercial and industrial uses prior to the original adoption of this chapter may be excluded from this designation, but not otherwise exempt from this chapter. See Appewx € A of-tk�is ck�apter. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx75 277 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 i{--ld�tifie�l�eesevel#-�4�w;^,�;; g-a�el�alvfr�g-g+o�r-id-� 2 +1�--1�+�+q�a� rta�plas�C cetkt��t3es d¢siga�attbylie Vl+asl�lr�gtaD��aar ;mdUAI;ttrral 3 °eseuicGeT 4 iii. 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 Mountain AA^w.."; C+r... r.�.+ RII.,.�.�.+��.-. Ad th....���e � r i 9 ^ofAnde son Rr+to GhHekan ay and the adjace + . ,-.tern and -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 ppen b( E of this 12 c ha p#eF. 13 iii. The Department of Planning and Development Services is +he -Fite ' +^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 County -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 conceptual relevant management strategies considered effective and within the 27 scope of this chapter; 28 c. Identify'the-fjer�erai 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 ridors and will be subject to the provisions of this chapter. 39 34.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 abeve 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(1))(1)(a)." 44 16.26.720 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 16.16.260Artir.le 2, 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 278 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 1 agement recommendations have been applied, Gempensatepit 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.S2 RCW, the vvR -t l 13 Salmonid Recovery Plan or the WRIA 1 Watershed Management Sa;MGR-Reeavery Board Habitat 14 Project List or County shoreline restoration plan. 15 I C. Stream N,ea�i tai4,r+dge awl Fight-a#-w��.; 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 tfiea minimum of a 100-year event and prsvide.adt"m ari tal 22 elear-a44rnon each „d�, ardif afy-high water- FnaF , and provide adequate vertical clearance 23 for debris Fkeiy to be encountered at high waterabave the 24 3. Culverts shall be designed according to applicable state and federal guidance criteria for fish 25 passage as identified in Witter Crossing Design Guldellnes, WDI-W 2013, as amended;i54-Ra5- 26 sage !7e-5rg I-* Ra—)ad 'AJDF\&I Mare-#-4-999, 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,-apA-a-€ea5"e-aiter-riative emsts. 33 5. C+4veA-eF4%5i �s see ;:l aited to the,m, i Roadway widths at 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 �tfier 44 si T�dspeeffic-Eeest Fier 5ta�id �+Ris + ye ; may be 5P cified��lt► Ong-p4aee- 45 lTIE'F t$FF eI �.r �ur_lurar as an alternative to fill, if feasible. 46 E. Construction of ,StFUCtUFeor improvements, other than a building, that isare 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 279 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 or maintenance of such structures in a habitat conservation area buffer, subject to all of the follow- ing criteria: 1. The structure is located within an existing lot of record and is an existing ongoing agricultural use. 2. There is no other feasible location with less impact to critical areas. However, this provision does not apply to reconstruction, maintenance and/or remodeling of pre-existing structure. 3. Clearing and grading activity and impervious surfaces are limited to the minimum necessary to accommodate the proposed structure and, where possible, surfaces shall be made of pervious materials. 4. Unavoidable adverse effects on critical areas are mitigated in accordance with this chapter. F. Stormwater management facilities limited to detention/retention/treatment ponds, media filtra- tion, lagoons and infiltration basins may be permitted in a stream buffer, subject to all of the follow- ing standards: 1. The facility is located in the outer 50% peFGent of the standard stream buffer and does not dis- place or impact a forested riparian community; 2. There is no other feasible location for the stormwater facility and the facility is located, con- structed, and maintained in a manner that minimizes adverse effects on the buffer and adjacent critical areas; 3. The stormwater facility meets applicable County or state stormwater management standards and the discharge water meets state water quality standards; and 4. Low impact development approaches have been considered and implemented to the maximum extent feasible. G. Stormwater conveyance or discharge facilities such as dispersion trenches, level spreaders, and out - falls may be permitted in a habitat conservation area buffer on a case -by -case basis when the tech- nical administrator determines that all of the following are met: 1. Due to topographic or other physical constraints, there are no feasible locations for these facili- ties outside the buffer; 2. The discharge is located as far from the ordinary high water mark as possible and in a manner that minimizes disturbance of soils and vegetation, except on shoreline slopes where location shall be determined by site characteristics to minimize adverse impacts; 3. The discharge outlet is designed to prevent erosion and promote infiltration; and 4. The discharge meets freshwater and marine state water quality standards, including the need to evaluate cumulative impacts to 303(d) impaired waterbodies and total maximum daily load (TMDL) standards as appropriate at the point of discharge. Standards should include filtration through mechanical or biological means, vegetation retention, timely reseeding of disturbed ar- eas, use of grass -lined bioswales for drainage, and other mechanisms as appropriate within ap- proved stormwater "special districts." 5. The discharge outlet is designed to exclude fish from entering or migrating into stormwater con- veyance systems. H. Clearing and grading, when allowed as part of an authorized activity or as otherwise allowed in these standards, may be permitted; provided, that the following shall apply: 1. Grading is allowed only during the designated dry season, which is typically regarded as May to October of each year; provided, that the County may extend or shorten the designated dry sea- son on a case -by -case basis, based on actual weather conditions. Special scrutiny shall be given to Lakes Samish, Padden, and Whatcom watersheds, and Water Resource Special Management Areas as described in WCC 20.80.735. 2. Appropriate erosion and sediment control measures shall be used at all times, consistent with 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 io WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 I 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 4-3. 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 I 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 I -3 5. No advers^'m^a^+net loss to r0ritirCal fi-sh ^r wildlife Habitat Conservation Areas or associated 19 wetlands will occur. 20 4.6. No net loss albration of juvenile fish migration corridors will occur. 21 -5-.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. 37 441.12. 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 OF equal to 39 fee! wide -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 281 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 1 3. The road or trails through in -riparian (stream) buffers shall be located in the outer 25%Q 2 of the standard exGept fOF limited viewing platfGFMs and crossings; shall not exceed 12- 3 3 where fn,ribla 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 `"a" cress 16 streams at an angle oreateF than 60 degrees to the cente ,;.,a Gf �h�el — perpendicular to �-�-ccrn�,c�r,,.,c-v�sr, 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 17, 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 °ee^^ *_ 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 eivate 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; eelgrass beds, shellfish beds, S.-..,.... ingcritical saltwater habitats, indt 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 adverse i ,pac-t to G.itieal fish OF M.9ild—lifo Habitat Conservation Areas or associated 46 wetlands will occur. 47 5. No net loss alteration of 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 282 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/1 1 0. On -site sewage disposal systems (OSS) may be permitted in non -aquatic HCA buffers and in the out- 2 er 50% of streams or other aquatic HCA buffers when accessory to an approved residential structure 3 for which there are no alternatives and when it is not feasible to connect to a public sanitary sewer 4 system and when operated and maintained in accordance with WCC Chapter 24.05-.4-70; provided, 5 that there-afeTe,adverse effects on water quality and slope stability are avoided;;re awnided. 6 P. Domestic wells serving single-family developments (including plats, short plats, and individual single- 7 family residences) and necessary appurtenances, including a pump and appropriately sized pump 8 house, but not including a storage tank, in HCA buffers when all of the following conditions are met: 9 1. There is no viable alternative to the well site outside of the buffer and the well is located as far 10 back from the wetland edge as is feasible; 11 2. Any impacts to the HCA buffer from staging equipment and the well -drilling process are mitigat- 12 ed. 13 PL. Q. Single-family developments may be permitted to encroach into stream buffers subject to the 14 technical administrator's approval; provided, that all of the criteria in WCC 16.16.270(A) are met. 15 fir% All other development may be allowed in shellfish protection districts outside of actual shellfish 16 habitats when pe ec 4".cmmg—with a valid development permit and when the requirements of 17 subsection N-O of this section are met. 18 R-.S.Alteration or removal of beaver -built structures more than two years old; provided, that: 19 1. The property owner can show that the beaver dam is harming or likely to harm his or her prop- 20 erty. 21 -1�2. It has been demonstrated that Sbeaver deceivers or auto leveler devices e "^^^ demon 22 1;*recannot appropriately resolve ponding/backwatering that is negatively affecting adja- 23 cent land or property.T^� eapfrl �y^* e^,^^S��at^s that ^ ^d^S*F� rat^ ^ ^^ Glaas the 24 u-se of "beayef-deeeivei:sare not feas!A e. 25 2-3. Impacts to wetland, river, or stream functions are minimized and mitigation is provided to com- 26 pensate for lost ecological value. 27 34.The property owner obtains an HPA from WDFW prior to initiating alteration or removal of the 28 beaver -built structure. 29 The property owner provides a copy of the HPA to the technical administrator. 30 &T. On Eliza Island, applicants shall complete the U.S. Fish & Wildlife Service (USFWS) self -assessment 31 (https://www.fws.gov/pacific/eagle/) to determine whether a USFWS bald eagle permit is needed, 32 and if so, apply for one. Development activities near bald eagle habitat shall be carried out con- 33 sistent with the national Bald Eagle GuidelinesWC(: 2 0 3�-6 ageFR eeq4aR),s4all 34 a150 35 U. Phosphorus reducing BMP structures approved and installed through the Homeowners' Improve- 36 ment Program (or as may be renamed) within the Lake Whatcom watershed to treat runoff from ex- 37 isting development may be permitted within 25 feet of the lake shoreline. 38 16.16.730 Standar-ells - 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 J 16.16.740 Sta+�das Habitat Conservation Area Buffers - Standards. 45 I 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 283 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/1 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 adjacent 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:; ^F^Vided, that Via# 23 tbL-5e bu4eF ztandail:ds--at-the-tee-hR 24 adrn d n istr-atGFLs4i�iC*e­.mo+�st at^�' o 3d erse e##its era +c-spe- 25 ill 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 feflewsidentified in Table 3: e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx82 MI WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 I Table 3. Buffer Requirements for HCAs Habitat Conservation Area Buffer Requirement Areas with which federally Minimum Bbuffers 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. IeFeadenai Buffers shall extend 150 feet landward from ordinary high water mark of the ma - shell ea-sCritical Saltwater rine shore. Buffers shall not be required adjacent to shellfish protection districts, Habitats but only in nearshore areas where shellfish reside. Kelp and .,elgFass beds 1, 1...,....��iF1ag'W1-at-e'f-f0a&-F3f-the iMa- Buffersll .- ,, �� �d 150 feet I,.r�..-,FA FTTri' �h. SheFe. i�n��--r� t,..-f �.....Ir r o+iEF�1£-f�r�FFI(;; aid s� PaElfIE Sal. areas f efs rM at .,..r..n '1 G ra. a. nda nd from oFdi naFV hJgb- F4!..m I. _r `� 43k7 atea fh Gf e-' j� ti-1 SrtvFT 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 16.16.630. 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 QD. 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 WCC 16.16.260 have been applied' )(1)(a` and (b) shall appl.•, 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% peFeeRt of the standard buffer specified in Ta- 10 ble 2, aboveas defined On subsection C .f Ohl section. 11 3. The slopes adjacent to the habitat conservation area within the buffer area are stable and the 12 gradient does not exceed 30% pereent(see Article 3). e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx83 285 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 0-.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% peFeent of the standard width specified in Ta- 15 ble 2, aboveas--d ,,ned ; bsection G of this sppti.., 16 5. The slopes adjacent to the habitat conservation area within the buffer area are stable and the 17 gradient does not exceed 30%fit. 18 6. 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. 22F. 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 A-.C.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 councll edits (unprotected).docx84 io WWC 16.16 Critic ?as 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,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 I 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 siteabutting 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, e-r-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. ,ind-Cclustering of development; 34 Vic. Retention of native vegetation; 35 c d. Access limitations; 36 Vie. 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 I e.f. Other appropriate and proven low impact development techniques. 41 4. Management recommendations developed by WDFW through its PHS program. 42 5. W4a Gpr; e-tG4w-type of habitat o &peci s potentially p. esen�the project aroma 43 eanditio e tec1+nic- <ad-m+pirwatorr-may also require +hat-t-he-rpv)or4t4nc-ItKl"Additional in- 44 formation including, but not limited to, direct observations of species use or detailed physical 45 and biological characteristics surface and subsurface h ydr-elegis {eatures-both on and adjacent 46 to the s*te 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 287 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 �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.14' e-hab4ats— ,�1-;e 5 nrntneeteted pursuant to th��hington State Bald Eagle D�eteet4o 4Aes4AfVAC 777_1' 29211 }� F. r v i C-Y� _ i 6 p r ie # w#ic r }u e�y� site ceepefa*:..e habitat n4aT.a n eRt plaA to be devele 7 nr.#ir,�}i., , S-.r.}..o1.n"�irCti'•iAl. �nr1 r., car .a.L. r_ 5ed--GA--4rid-•t-k 8 ton eagle--nestrer-C4W MusaaA roost swat a lte b a 9 pmpesed ithi n , } }.,,..,}...-•e nr rn n$G1$t:-T4e-G0URtY Shail issue deye;GP er+t-Pe'F- 10 e 4 AI C1 CIA! f L, , } , I, .+evel9pm e;it-i5-4--c-off+p4a-nc-e-wl kraA-ap- 11 i1}canrag,-_m�''.rr�. (See WrA.r 1-11_17_7a7 o* tLti T) 12 QE.AII 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 I 9-.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 Standards4-Gr-hab4at-c r-vation-a-r s. 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 90.82 36 RCW, a salmonid recovery plan or project that has been identified on the Watershed Manage- 37 ment Salmon Reeovef 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. Gempen5ateicy ^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. GempeRsat^.., mMitigation 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 No NWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 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. Cempensa+^ry ^Mitigation shall be provided on -site whenever feasible. er eOff-site mitigation 5 in the a location that will provide !-I-,t i greater �€ ecological benefit to the species and/or habi- 6 tats affected and have the a greate 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.; wry 8 the sa , ,,i.a. h l3#at type as th.- r _ R *t@d alteF .+..,n 9 &Lmanstrates torthe satisfaction of the 4 1,..i.- Wate. rh, 10 an a motive s u b Pb�m e watershed 11 would 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 16.16.7400-this c-l-apt=ei; 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 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 frequency an 23 ef F-A 4 y 24 the!eek►-�-adFr.4eis ater:Monitoring shall be for a period of up to 5 years. 25 7- Ai+-m4i+g is aFeas-Oall be pF tec- 26 do -a- fitae-al-acea#woetans-and va1 L es4"eLr-pe u4—RermFanent prelec4k)-P rhaki-t3e achieved 27 t With-1 GG46�2f 28 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 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 ' ARTICLE 8. CONSERVATION PROGRAM ON AGRICULTURE LANDS (CPAL) 2 ronse!PVatiOn pragfam on Fie4 -t e4;; (6PAL-)16.16.800 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 sh4-be`pe4:m. itted -vAt-Wmhat 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 errseraiaslgae� est4id 11 bypursuant to this sec�ieeArticle. UndeF thiS-PF6gfa4*�,—"g-age-t1ltUfe fs €ferded more flbit- 12 of the la-Rd-T44is is aFe th gfowing_-boufg4.f+l crops 13 and lFve-Ao-ek: it If farmers and ranchers are willing to 14 enter into 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 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 16.26.810 Resource Concerns. 20 i4eepi�pg*erse5 asd att}er-4arge aei is Agricultural operations, including the keeping of horses and 21 other large animals, have the potential to creates•-pet&pAial 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 council edits (unprotected).docx88 290 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2F 1 ing of pollutants; secure food and cover for fish, birds and wildlife; and keep water cooler in sum- 2 mer. If it occurs, JJuncontrolled grazing has the potential to removes important riparian vegetation. 3 16.16.814 Exemptions. 4 The following are exempt from having to obtain a Conservation Farm Plan: 5 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. 7 3. Landowners who do not exceed a ratio of 1 animal unit per 3 grazable acres and manage their 8 animals to avoid a direct discharge of sediment or fecal matter to surface waters. Indicators of 9 direct discharge can include de -vegetated riparian area, unfenced access to a stream, or animal 10 confinement areas adjacent to surface waters. This is a ratio of animal units to grazable acres 11 and may be used on parcels of any size. 12 4. Youth agriculture education programs that promote the use of agriculture best management 13 practices through the use of a checklist developed by the Whatcom County Conservation District 14 in cooperation with Whatcom County. 15 1 16.16.820 Classification and Applicability. 16 A. A conservation farm plan identifies the farming or ranching activities and the practice(s) necessary 17 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 C). 29 D. Agricultural activities that qualify for coverage under this section include: 30 1. Type 1 Ww4m�pa�t farm or iyesteclt-Operations. 31 a. To qualify as a Type 1 low- impact 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. v1here 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)Appendix A, 39 Section-1, of this chanter. of 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 Moderate 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 291 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 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 nr high impact 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. 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)Appe-Rdtx-A;-Sec-tiaii4,-at L4iis-C-4apter. 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 to maintain existing critical area functions and values. 20 B. The ielIow4*-ac4tio+al requiFe Rtsshall apP y; 21 B. A conservation farm plan shall not `hal�rranmay net recommend nor authorize: 22 1. -fFilling, draining, grading, or clearing activities within critical areas or buffers:; 23 a. exGept On! Except on existing -ongoing agricultural land where such activities are ao 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;ffeyided 26 and, 27 a.c. The appropriate permits for doing so have been obtainedW-he�esi-Managerrei#P-raetiees 28 a re used that . pacts a Fe m:}ire •a ted in actcardancen-- with r-t-�i the 7e d r-0.,refvat4Gn4a-r-m 29 p4R. 30 shall not ut 31 -1-.2.The construction of new structures. New structures shall be constructed in compliance with the 32 applicable pfavi&kms-standard requirements of this chapter and the Whatcom County Code. 33 1 a n d arfar z�a rrn YHi tt'e Hl13tYWifie 1�1Q• 34 7 Sign f tcee 0wFes sh•aii ,ret result � su .4'., ce � ota Fn in �..g-a,� ��-�e�.,-f��.-�:-greuftbiw�ate-ri,=,�.�,,;.�at+eR: 35 3-s-odar; afad riei;eer�c�rste�adai use-e#l+ri:er.,eps#I�i€tfgted- 36 4. impeFmeable seFfaces s --a"u ding Feefs,+Gads. - „aFdl -�-pafoge th—e fl- _Ve _ 37 ume, a or dawr r4feaen4100444g 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 ty Drainage Improvement Districts.") 42 4. The conversion of land to agricultural use. 43 C. Other plans prepared for compliance with state or federal regulations (e.g., nutrient management 44 plans), or to obtain an accredited private third -party certification (e.g., GLOBALG.A.P.), or similar 45 plans may be used as part of or in lieu of a Conservation Farm Plan if the Technical Administrator de- 46 ` termines they adequately address the requirements of this Title. e:\exh a - chapter 16.16 - 2017-09-26 draft w+th council edits (unprotected).docx90 292 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 1 16.16.840 Conservation Farm Plan Requirements. 2 A. Type 1 (Standard) Conservation Farm Plans. Owners of Type 1 low fFnpaGt'"opi;*^^1k 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. Whet-yes-a4,id.-s.iRi4s-e) s�aAlong 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,'"•* the DepaFtMeFlt ^f EC-010g • has "^} listed the 16 wad 17 i rt�,� 7 rnnnl f„r +L--Y,_ -,�. ICI,., I; n�- . �rTI � � a�i��reaffl, , a strip or ar- 18 ea of herbaceous vegetation shall be established and maintained between barns, cor- 19 rats, 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' +,,,.I, F-mr-d.,S;e.,." 25--VViiere t-gees-a4i"-14rubs are absent, and Department of �., Ece4ogy­Jia&4i-,tedA-h wa- 26 `e FbOdy OR the Fri.est retcen on 303(for-temperature) list as impaired for -temperature or estai _ ,J.,. 27 li�ep--a-T4A4)tf9F tern ]e Fature, NRCS Co a4:rtn-PrTCtice 422, "He dg W-Rraetic 28 ems, be isal4ed af}c! ra�aif}irteele+ die app+�ed cr7seratac�r� faias 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 (A-3)( 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 the e.,t_e 43 practieable. 44 6. Chemical additions, including fertilizers,fungicides, herbicides, and pesticides, shall not be ap- 45 plied within 50 feet of standing or flowing water except by a licensed applicator. a 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 293 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 Stanch., In developing the elements that an approved conservation farm plan must con- 6 tain, the technical administrator may authorize the use of the methods, a44d-technologies, and 7 Best Management Practices of the Natural Resources Conservation Service. Other standards 8 may be used^+p l; these developed by the Natural Rese ii:Ges Conservation Ser.+;c-jt 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. PIaR Perfnrmanee. 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 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.nrrs.usda.gov/programs/wetiands/index.htmi). 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 tide 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 7 Developing a plan to prevent and/or mitigate mitigate any identified risks, and 34 0 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 9-.C.Type 3 (Custom) Conservation Farm PlansWigh lw.r aGt OpeFati ns 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 I centrated Animal Feeding Operations (CAFOs) at: http://epa.gov/guide/`cafo/) 45 i 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 294 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 A. The technical administrator shall review and approve tall conservation farm plans. 2 A:B.T-he fellewing Table 4 shows which entities may prepare and/or provide technical assistance and 3 recommendations regaFding-in preparing which type ofa conservation farm plan: 4 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 5 b. T se ►►a inn Bistri i 6 +" �-s Ao GMT csnr distFlet for a Firm OF ranch that is with'n its bounda Fi s; or-, 7 by4 is�te , 8 C. The farm operator can seek conservation farm plan approval directly through the dDepartment of 9 Planning and Development Services, or grant permission to any of the entities listed in Table 4 to 10 prepare and submit it. If the conservation farm plan is prepared by any entity listed in Table 4 other 11 than the Whatcom Conservation Districtthe far., epeicat^r the dDepartment will conduct a site visit 12 13 14 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 16 17 18 19 20 21 22 23 The technical administrator and/or the farm operator shall periodically monitor plan implementa- tion and compliance beginning one year after plan approval and every two years thereafter, through the life of the plan, or more frequently at the Technical Administrator's discretion. The monitoring may include periodic site inspections, self -assessment by the farm operator, or other appropriate actions. For a time period of up to every 5 years, self -certification is allowed for Type 1 conservation farm plans, or if the plan is prepared by the Whatcom Conservation District or Planning Advisor and approved by the department. If a sufficient self -certification monitoring report (must include photos and implemented Best Management Practices) is not submitted within 30 days of request, County 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 promptly resolved, the planning advisor shall promptly withdraw from representing the farm opera- 35 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 295 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 ante 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. if the ^^n-se-Natien 4 f-1FFA plan is found nni +n be pFgte..+.iVP4}f-e.F44ca4-a-r�-}{•, W anPrnyed _ eense Fyatinn fa Fm 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, seer 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 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 existiiAged 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 e7. lR ..h G a - .- -i will ho r ed to et the pw ia..ase 27 and intent of this section. N 28 3 5. When a new or revised conservation farm plan is required, paf%ia+:Fte-e##ker si hr, an 29 /ry48)(b) 9F (G) of this se,.+i„n, and the farm operator the been so 30 advised the awnerin writing7 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 33 plan and require compliance with the standard provisions of this chapter. 34 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 ar--�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 296 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 pfepa*-e�puFs cant to this sectlon will not be ep} subject to public 5 tie-rdisclosure unless required by law or a court of competent jurisdiction; 6 A:B.pProvided, 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 bof ampe ent juFisdieti 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 ED. 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 (unprotected).docx95 297 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 appurtenancestFuGtuare 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. 8 A�-tidy €arad=mews laF thy+ hadcae��ed #istry of ���g agri4tral �►se ara-t�jaF fS-e 9 Fe4#i�L�. stO&, 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 activitiesNeit-her-the-ce-RstFuc�+en-of+ew 23 st ruct u resno%-Aa€ti*iteat brFeafie-ag cuk+Wal use ye na♦ 24 I e$r��iereagric�Ir,i-aetiies. 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 KM WWC 16.16 Critical Areas Regulations (Council editedyprcinn) 9/26/17 1 "Animal unit" means 1,000 pounds of livestock live weight. 2 "Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a 3 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 one Feentl% 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 and marine shorelines; and/or landslide 42 hazard areas that separates and protects critical areas from adverse impacts associated with adjacent 43 land uses. eAexh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx97 299 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. "Qea-1 ig-�e,34wthe �omv s1 vegpl:a ;k n , -nro cover 4"onu _,i os emii6al or .,,o_ 15 means-- Pea i=i-0�G! Ud e 5, b Utis-PGt- mted-ts 4iens­suc-h as eutti ng, felLing�&,4004-- 16 +i44ng-p0ir�i�ag gircllinpr t,gcaeill+lie.� 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 uti4aLa 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 300 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2r 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 " rit'e�al facAitmes (err M9.1 fa.-ilit' d ..+h +r + }{.. * —crrcietin na�riTc��� ��eTrc�arzvc,rrrkt'Smai}; hi, g-&-arRd-9 he*--`JeFMEt6IFe5 that rc r"rec���vevrcr;rer'rn 9 eper-atiekaakirthe evereFne vir-&a key# load! g fFarn fie F 10 liq the-nmyst­ewfF&Pt-4#er43ac +- Edition. These 11 butaFe „t limited tr,: 12str r-es-t- fePresent a sf*a4-ha.y T,umas life in the-eveot f 13 te: 14 a. 66iikfif,s-ee4-ethe-r s e5,. m•�@r9e than eaj 15 4�9w4dmiR sr_and other c4„r withcce•wr&Pf-sc#aeeI Of: d p-caFe-fariii- 16 Wead greate r than 250; 17 other structures , iiAh-aR-Gec4p��,�ateF th-.r,,,?Q�r ages �� 18 ed„ �+ r,n facil'+'e i._a` 17 r; 19 d: -#each care fac-i4ies with vim 20 su-FW- +--Gr e+?ae rgeaey tFe`ataa•E4+t-fa-e4itie3; 21 e—d�a landdete0tiO itie&j: 22 —.nn,, otheF .,tea„- eWaarkt #oad-greater tha -5-,-Q Q 23 .r`r_gene,ruii r tienc water.tre.atment for pet -able watee wasteWateF treatment facit;_ 24 tieatad efaepiict+l+ty facl+tfes-(aikel�kditl��) e�islclfied fra _���t;ar 25 oft h is def;r.;+i.,r . 26 + l sf th a fifa+tiara Eefatag-sef#iei P n t 27 gtra r}tili . 28 ? Bti+ldi; gs and athe �T a"inn ited4o— 29 a�lr, it Ir -.r,d atheF health carfac Ries having surgery or emergeney treatment facil;tiosi 30 b—FTTi�����;�r pa€ice statie ad--efxaer-ge yAA& ic4e-garage-si 31 eaFthquake, hurriEane, or- er eR ergeRcy 5helt( 32 U1. Des+gpated ewger�r �e ap „n „ ors and rtther fa- � ss, •c�a-tiaaa;-a-�d- er-at:�Tt ���� 33 eikit;es required for emer 34 as dt2ffine443-y4BC--SeetiGn-304-w- eFe tl;e quafiti- ty of the rem a ter I .�f I�f 7-.hl.� 7f17 71'3i. 5 �-p,--�.��� Si•a;i.. af�ie�o,-,-o•�-,-Qar�; 36 f: —Aviation-carats! owers, aiF tra#fa r a ,-tags; a rx+erg r cy-ai�zrh a R g a FS; 37 [L Buildings and other stF ur tu;-es IL•Yiiig-�itie�-�ax}ti�fa''�c-Y�i9•f•1� 38 Oh-.— ate t� at fit fa i t e iwed to rxaair�ta water press rre #f -€ire s ressie ; 39 �7 —o., er_geRer-atmagi-•Aatiefas4R -E)t" r- public e#+t facilities required em efgr, 40 fl+ts fog stwt�es-I+ste� a bate- 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 w!th council edits (unprotected).docx99 301 'C 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 regulations adopted by the U.S. Fish and Wildlife Service, National Marine Fisheries Service, or other 2 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 1 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 , na71Alarhing aFl S6A4-4n, D a 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 302 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2E 1 "Drainage dDitch" or "Drainage Ditch" means an artificially created watercourse constructed to 2 convey surface or groundwater. Ditches are graded (manmade) channels installed to collect and convey 3 r, mpffwater to or from fields and roadways. Ditches may include 4 S irrigation ditches, 5 • waste ways, 6 G drains, 7 outfalls, 8 operational spillways, 9 channels, 10 stormwater runoff facilities 11 or other wholly artificial watercourses &xc fr^m *h�#ieatieA4e 12 a natUlFal , aterGeuFse 13 D d Ghandels_that support_F;sh 'fe-cogsider�cn--`s reamer okte­ra Fti ieial wate-r--c-ar-Se•s--i hef-e 14-AattiiFaI StFeal:Ag PHiSted P r t9 hIar�urr-a*icTacie4�-afldf ef, 15 thew leeway -}&-erns! by anadrnrraus or resid- ralmnnid or other fish populations , -Of 16 GnseAmtien ads 17 ims �9F the puf-sose9 a94 ais-Clfaapter: "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% pelcGent 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 303 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 I public utility facilities that if interrupted would cause disruption to normal living and business opera 2 tions; and wastewater treatment plants. rr Fs sen a s ally di4ie 1t to rite ueh ar 3 ��r�-p.L: �i ' 't�a�re-t��i^ , � a+rpo rt s;-sia�e 4 education facilities, state aF-Fe l t.-..-. i3 fa state .f I 4 e tkwk*-�3Eiikfe5—SBlid i-..rba L.y hrp�T.o�nr Q� tal health Fac- _ 5 �A "n ' +times; --an Fnpa�ie c-+I+-t{es-irac drag-s� �i�sg- ;�,,� 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 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 304 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 panymea s-ar aiFRP84aw fo� maintai n 'ta L. mn theirnatUral geograp4ie 9 not EFea ted. 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% peFeeotof 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 onms-------r^c^tl% 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"' 00 year 42 j floodplain 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 FOles sewed 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).docxl03 305 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 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, publie-health and safety and 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 9046 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 306 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 Spe- 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 term ined 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 amendedWashington State W.,+sand Identify 28 tFn n a d Wph e atie n 11A .:.L4 IRGW 769A 77C1 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 council edits (unprotected).docx105 307 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 "Lahar ,;,;=:!,; .; ;;: 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 greater than 6.6 feet in depth, and has less than 30% peFeent 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 M WWC 16.16 Critical Areas Regulations (Council edited version) 9/2F 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).docxl07 309 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 nwrrerier,and paved trails;—atld bd Idk4g-G{Wg4�g40akk- 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.+�aeans tiese a�#iesea+aetd erg lands deferaeese a� ivit€es ir�veivecTar� t#e arod �t+oc� c eps a �i I+v ask; reel ing u see* +o pertr -a fW r�a�a+�c���ex-isti�g-far-r�-aad�fisElc-�a�d�age-��+�,e-T-,:,�ga-ties mr��a�g�s-l�e�weer� c�gfi£i f fai�£t1Ui ii�r�F} Fi i F1 it of exis i.." Activi- Pa* . ; r ;,;s-Q be ono-ng-w4e+i the a ag i aa� er k s la4,0c4e•-i�e,r-�n7$r-e t� r e � i yews t►�aalre J �:a, =u,+� W P44+s.- reg_ st a-•er---state--50fl5 �c'}�'rie%�IFC7tKlTI�'�%� i�•pr-a�f rrc�c�[ir_� r orc-rtv� CTrTG`ii�•'Cl�i-rs-dCh i YtYCi�': e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx108 310 WWC 16.16 Critical Areas Regulations (Council edited version) 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 !Qmftlified Plannin i of'mgAns_ft� qualified �d viduaLs_wb. have i i nieress repare conservattQn-f3rl_a_ns for agricultural lartdLan�i who_have Eeleted 4been certified-iLteghttirPA-s-eryJrovider^ the USDA Nas.Canservation 5fce see :,IJte_ hire .usdaZgy and_signed the practice anti confidentiality aereernent. 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% percent 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 fFem this defi ;:�n�and.9beaver ponds less thant aFetwo years old or- 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 ILCA1 e{ytrr r }ham}..�nr.� GOr.irnr}nd Frn.•.a r... r._ar:rir.rl},.ral . rd tr..�.rnd..r•}inn of _. yam FnedRy r.a rririr_ to December 23 1985. 1 -9, her words, K's - 1.r.}I s..rir that .. errs dFaiRed dFe dged filled, leveled or 9therwise rr aRir..Alated r.�n }1�.-. .�I .-.IF. ...1.. _ etat... W nRabl@ P ...i�... ...tea, ,�P , i „, - beEans'der-ed a RCG;the -aFea-PAusth-ave had 1 -WIt rat ..r,.,,mod ity p1aRteel a prod wee A use. This o^ u ed i Y e fs that requires annual tilling must be pFedweed at least Gnee every five yeaFS Ifs-a"tiopl ❑GCs not have standing ateF p nt foF ore than_1R_ consecutive days during the growing season. If arl agFir.16AWFal site has standing wateF for greater than 14 consecutive days it. would hevc GURSWeFed a 4aF ed wet'ia"•d_n Many W ed aFeas in valley, Ft..od through.-.0 e wing -arid e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx109 311 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 WGUId A64ye-eGnSideFe �E-�r�'r�Ti� v"-- -Jr-1—pnr}ant 11a document surface watert levels thFo ughGLA 2 the year (i.e., .deter...,ir.ir.g the h.,.-lrOpe r ied-dofing the dry season alone it 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 41 42 43 44 45 ral Resource Supervisor. A qualified professional for wetlands must have a degree in wildlife biology, ecology, soil sci- ence, botany, or a closely related field and a minimum of five three -years of professional experi- ence in wetland delineation assessment associated with wetland ecology in the Pacific Northwest or comparable systems. The following is required to be submitted to be placed on the roster: e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx110 312 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 2 3 4 5 6 7 8 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 i. 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. +Jii. One complete and approved wetland delineation using the U.S. Army Corps of Engineers Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region, 2010, or as amended. Successful completion of a wet- land class using this manual may be substituted for this requirement. -2 3.A qualified professional for habitat conservation areas must have a degree in wildlife biology, ecology, fisheries, or a closely related field and a minimum of three years of professional experi- ence related to the subject species/habitat type or approved equivalent work experience. A qualified professional for geologically hazardous areas must be a professional engineering ge- ologist or geotechnical engineer, licensed in the state of Washington. _ _ A qualified professional for critical aquifer recharge areas means a Washington State licensed hydrogeologist, geologist, or engineer. 6. A qualified professional for tree risk assessment means a certified arborist or certified tree pro- fessional with a current ISA Tree Risk Assessment Qualification. 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 Ord inance.r:,eans a fi re- ses allowedwith+rl-agi ,zone-t4at-4as t he reas fe -e44 subjeE-t-pf&P Ft'. PGF zones *-aJ� single family, . A eiit-ia�-- es, +� this rb. typic-aily-1N-ou4d-Fn�, }F*M--k9etK4-ll 4A— ef 2,5 0-sqU2Fe fs. "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, plugging ditches, or breaking drain tilesreases talra teialie+�aµy rese-a� a, 6ncirrnatwra feature i r•Izc.Ud0ng-. nr�rir.iti�--`�ic5-�a�Cin�rrcu`rfc$z lia'Trru�c s w�`:a r; StfLar7iT}S,PFB••`��cnrv;a t/$F tFF-Jf#F5�$t1� .ffunctieninn condition that existed pr-iar--to an una Ae-tiefrs-faerff rma-ed-te-Keeimsh-struetuF that Dave been lost by alterat9ei:�^pyst,+nan�c�i�rii��or —r_n}har o�rranY�nd Rester-a-tia�ra�-i�de-rezrteFa-t+s+me* I� ^�'�rc,f�s--arld--va i �-�e�-e��-sEte-w�iere�ve�lar�d-�q;<-e�i�usiy existed but are no to ng`•' "Rehabilitation" means the manipulation of the physical, chemical, or biological characteristics of a site 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 councli edpts (unprotected).docx111 313 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 Feste, 3 tiOA a4i0n.thhi- F--EGr.-.r r4-iet'aI-ai,ei-lo-itr, G PP - "RA Cr iRe 9-WetIJ4RtEl tu0'rt5 9 F igi- 4 nn a l hyd ngeam-G iT F% . 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 (a4(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 n* 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% perGent of its surface area covered by woody 31 vegetation less than 20 feet in height as the uppermost strata. 32 33 34 35 36 37 38 39 40 41 "seiche" is a standing wave in an enclosed or partially enclosed body of water. Seiches are typically caused when strong winds and rapid changes in atmospheric pressure push water from one end of a body of water to the other. When the wind stops, the water rebounds to the other side of the enclosed area. The water then continues to oscillate back and forth for hours or even days. In a similar fashion, earthquakes, tsunamis, or severe storm fronts may also cause Seiches along ocean shelves and ocean harbors. Seiches and seiche-related phenomena have been observed on lakes, reservoirs, swimming pools, bays, harbors and seas. The key requirement for formation of a seiche is that the body of water be at least partially bounded, allowing the formation of the standing wave. "Seismic hazard areas" means areas that are subject to severe risk of damage as a result of earthquake - 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 314 WWC 16.16 Critical Areas Regulations (Council edited version) 9/2F 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 90.58 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 113 315 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 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 adapted plant communities. 4 "Special occupancies" means those structures that have the potential to provide capacity for special 5 groups of people such as but not limited to schools, daycare centers, resident incapacitated patients, 6 etc. 7 "Species of local importance" are those species that are of local concern due to their population status 8 or their sensitivity to habitat alteration or that are game species. 9 "Stormwater Manual" or "Stormwater Management Manual for Wester Washington" means the version 10 of the Department of Ecology's Stormwater Management Manual for Wester Washington most recently 11 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, al passage of wa- 14 ter and includes, but is not limited to, bedrock channels, gravel beds, sand and silt beds, and defined- 15 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 where natu al strea.v,- o.,;- prior to human alteration, and/or the waterway is used by 18 anadromous or other FeSid@At salmenid OF Gthe, fish populations, or flows directly into shellfish habitat 19 conservation areas. (See also ".damage di;eh" definition.) 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 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 "Survey" means one of the following: a. Mapping using a compass and tape, or b. Mapping using a smart phone or hand held GPS, or c. A survey completed by a licensed Surveyor. "Swale" means a shallow drainage conveyance with relatively gentle side slopes, generally with flow depths less than one foot. "Technical administrator" means the director of the planning and development services department or staff member designated by the director to perform the review functions required in this chapter. "Toe" means the lowest part of a slope or cliff; the downslope end of an alluvial fan, landslide, etc. "Top" means the top of a slope; or in this chapter it may be used as the highest point of contact above a landslide hazard area. "Unavoidable" means adverse impacts that remain after all appropriate avoidance and minimization measures have been implemented. "Utilities" means all lines and facilities used to distribute, collect, transmit, or control electrical power, natural gas, petroleum products, information (telecommunications), water, and sewage. "Volcanic hazard areas" means geologically hazardous areas that are subject to pyroclastic flows, lava flows, debris avalanche, or inundation by debris flows, mudflows, or related flooding resulting from vol- canic activity. "Waters of the state" or "state waters" means all salt and freshwaters waterward of the ordinary high 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 316 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 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 85.39 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% motor 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 199:� Washington State Wetland Delineatio-R 28 Mar+i<al-er-1987 € tien, as arn.nded 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 317 WWC 16.16 Critical Areas Regulations (Council edited version) 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 318 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 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 319 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 w....endiN A. MAN o>aQGRADA ON AGRIQ I Ti IRFm i ANOS 2 PuFp9se Statement 3 The r. reil_be-rn . 8f f rms a d4an&e5.ir-"1-% hatra rri Ceu My rdenends iri mart o good a ali+.. sail, .. ateF r arrr 4 a- n "ther--natur-a�sat of the e ,i..,Am@4,t, 5 includingc4iticPce-e'r-`ra�iFie44 y this .chapter, are erran+ial to aEhieying this al 6 9veFvw' w 7 A- con rSeryatien fa r laf-fdentlf$ tre-pFac4ic-e4ne, Bees ai 8 negailve-inpaEts-(+ £-ee ee4Fn4-r Fact'Ge Se k iGn-&pe on the -types, -a# 9 and sfe eer€i^fingeweFa �i za- 10 t o,-s canbemade r W the neerns and . • diee--^s that apply 11 SGffii?-$peFa4i9fv pre rant relatively le risks to &ri+ir l a - s be ea use of their be n rg n n¢�e� }ng 12 ri-iese`^^eFatioiis the . - Fee eewc-efns afad-rQr-Fledies-are Felat's�iY-�e 13 +derat4f-y ec# moenAe lit laese are desr=ri- - in w. twe detail as low impart anriruitu rat aaeerrat ns 14 a ecinseFvat on faFFn plans ., elow: 15 W hcr-e e p9te*tia1 negattve4mparts to er-itiral areas era rv.qd,-rate o iAPsi aFeirsofc�in +cam r 16 t9 #i3TR+k3la a a�v 'rr "lament_ In those circumstances, a �pJ��#�n Fed. in 17 sic" a fer.M.4wfitten pla-Pr4 VV44the-de-SiFed-efar��ifoeaae"��' ^r-^vt-e�ier�Wese typese#-ep- 18 efatJons a �v�seFihed as agkulturai operations Feq iiAng-eii&t-am ea'apsefva' ia.i farm_., aFrs-ifa-5eGtion 2 19 helAw 20 Cef4ser-vatief44ap"'ans-papa-r-cxi�ua4}t to Sectina , r 2 s h a 1 1 €neiUd e all Fe@SO ►able+ ea -SA f-e&49 21 v. CCM8itaiR rting-Ef#4 RJn re -a fWnrtiarrr and r alues 22 :7Cctina 9 Low impact nerirUI+U al Yl r. - atiW'S'Uhdnrt t sera f � an�di seonseryatia � 23 There „neratier , t prese-aa-low--peteaAlal4'jsl -te ��]7ri +cal Fee eg adatiefa-if it g> s, sorfaee wFa- 24 tCl'fBR af#-! FF 4inn because t than can hM ILQera h.r the ern ps 25 sic 26 r'riteria To Trt�a4fy a5 lm act-$ �l�a-€aaRat exceed GrcvnF#-}eFsnc-cczef 27 gfazab4e-Past-urt-brae-Fesewc-e4-�gu+da^ee is T.ar 6?o l r,n d-w44-:"'� neFge 28 �FiIQ$ {FQLSFl3E;1 •; + IArrr-r cFf7-�ii �3fl 8f It �r7i9 1E obt ice:/ •,... Li ,r...i .Ir .h_S �.n 29 'v�;rc e-Wh t^^rcrxcvrrr-c••• f4RSeFV4 ier, 1)45!fi et. amps guidra nceT Ry-a4G a .-,.1, .. ,ia,-..1 i+ is step+ 30 wk*,-#ie-bestavamlablesC:eiwe Grit i-a !nr a�a5-S3GG---3�rc 31 9"ct-marL�ar"ese-ufee-E$F eFr�S-Kee ilag krefses afrd o-tt�er-laFg�a: ati�s eta l ia� 32 adze i a o 1 areas: 33 N+AtFoent Pollution ofWater n.,knal'1 vac►ra��trtents (nitrogen and ahr.raharGus) With each 34 �aiT� terse waster,^, :•zas#e#f Iq►d-iFlfrtfae-ieaFest strew lae,$� welafidra saf#ae�vvateK 35 rihacnlr0FOUr and ni}rnr•an fort' rrl weeds nr the aIantr arrd weeds proliferate � r �nl+�e-a�+at+e�4a-wt-5--ara af� 36 fishT Ira sl+ve #s deet��litrc�ger} iflk�e fofrx� e#1#tote is eas+l 37 dossolv ed in and carried . rith Fa-,. —11 -hFO 911 o. F nnrmnaF.le .-nilr to r. vateF. ato Nlitra+e cencent 38 t-Ians-ex--A.*-t,'' .,.r�, ";;era a level #ef sa#e dFidll4i �4vater of €e lyd i 1any-weG#sre# 39 Whatcom Ci_, ra_taL�hesa, €�Pfe&eo;-aSignif t human health risk articul- l-1 y — the very old a. d 40 fig_ 1. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx118 320 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 °aT; , T Qw I f,ip. act-e+a-and-Gt e"e##m�#�ese Ea{a f�}a e t k}e wa s 2 aft €ef di ke--water 3 4R&a#e-4a4m4)-ar7 eo tac-t-and4eEr-eatiaRakqis s 50f 4 fm+--a-Rd,gFou-nd'A(ater are v .Inerab- a to this type of pall 5 y � L-tr1 st�� lortcrn a{� f�pplemd erl nr4n'i`vkfe4, aW 6 aRi FFFRI�-�y�j• /•�i{ '��Ll i�" tYl-aii�'a��netatm in 05 gone, ¢�-ewe-c-ipr am �i�l-}^ 7 s), the animals♦♦ gr that aFe a1IO ed*ee- d niu'i'�.r�cr3-aic�$-o-iFegj�in y--gra e'-'�f-�aPA 8 t-ra�apl"asture asses and forhr There areas a 1wen 5usce t4bli� ii�1s� Ein-b"?tGr Mtn ig4io f- 9 kws-weeds; a4d43rush. The w l tiFl g W-rc-g--aund is a 10 4ek ae EBB rB51{3��hIFR� � f,,g r'.'a �re�� „� i rdequateyenetatir.ra�e�t$ at-e4+,,Aei-�� FFr•rvrr }rmca Fe[as can C7Ttef 11 water-bo4ies and wet! ar�pd��a „�ap�itaF 12 i E�fada�#F $ iarlaF}7frr{e 5. The tnrc scums 'W Faf L-F e4Reck F-tirtmGlC n vit ae icar BRGI ri„ 5 �' 13 fees adjacent to strewn �7--1Y' kes marine rh.. ..I��iar �n.� .if!•.er . •�f.. AT r.�frh.. r - ^ r+c♦O} i r 14 "���re.,#ec#ng"-45h and -wildlife, �-;sa na4ra ands ell#,�� ripariae �e efa i$r► rig tk war 15 ter ?-Ctx a �llrry�i#$ ��� c Y?g�ii �Fl+aB rLff uer• seewe food ana GOVef fiir fish, hirdr d WmI-jI-.S.. 16 ar+�+�.4-�er co ler in str er.e yelled gr �i�ag-r cwe�i�n of riparaa^. ^t,+ 17�a�aad-er�servetia Farms Wae Regsre,�s-Drnrr}ers gfw-rrt tiuesieclE��eratiaaas Iia�e lirxs- 18 Ytt�} tl inv rnrc t Trnt a� n mTa�3� �c+e because theirI% conservation farm 19neludea syir�a�pieap of-irs�ertstar♦dard ceecGis# 20 cdesigPe d to pro eec t wa te r q uality,-and-the fr.I ��dditl4F l•%a pdf'1�f�•t5: 21 System Shin .,d rL- Qom. afs nydrdecks or Ints are to he sited to avoid runnff directly int-o 22 er iEi r xrs-VVkle:e ;act yes e i ar�d Ewa "-be-r�ate� srr-eeti �"�r � 6e t leef�#$ 23 avGi4-Kl4ritYl� Of.nnllutantr andbaEteFia to critical areas. Where trees and shrubs are a bsent aiORg a 24 erbaceoutivegetatmen si4alkl)e estaf3fished and main- 25 taff}e^-d_ between barns, r•errals -.dr acks and-g-Fa-zing areas ra the-Nat4e aI ,S-Co n se rva tie n 26 Strip" L+vesteek-s4a94)e-e"ded from the filter stFipse5tab4she44G-pfete-c�eal 27 aFea-s- pars ten,A-« 28 s4e-amrlake, pef}4,--Gr-retlaR44hey+ haII be retained and managed o-ffe&e,rye--tlae-•ex-A.iRg•#L ��... ;o� 29 t4e—buffer_pursuant to the NRCS Conservation ar ctmee 391, "Riparian POIFest uf#4ef " 30 n n C k t C+ Ord sd=. r� firma i led beddis�fromtal#s a+�d padd9Ek r a r�vrc cvue 31 r-efnovve4-a Fe tr, aced Jn attr. ano Far}„ zter+ed ffe�f► raif►€t3i�so-�"T,uc; virv# ^� rvr ccr y 32 pallutan aa449�aeter4a to c-ritfeal-areas.-Manere fsle tie-ursed as erepland- e--Ai{izer- he4alte af4nnamwe 33 appi•i� n� shall not exceed Er4� req i� e+neets is a be ataplled+ra a f sanfaeete aueid rufa�## v# ra�tri- 34 cfnts-and bacte ato critical -areas. 35 Rae-AAai t-Patt►res atbe estakilislld ,vaned e +ore Y,h , r_ 3agEFi�Ef} mz k#r54aaii�--tv--r-r c�crz+�c�-c�o� ir'r� 36 TNRCS Rraetiee 528AT 37 Exercise Barn Lots. These Rofmaflu hare_areaS mist be stabilized and managed to nrc.yen; erosion and 38 sedimeb evemeRt to ..I+ieai wE!as-A diversiofrterrace-shall be irastatied, w-he-r+zneeessaryrto-kiin&f 39 flow to-n� uccrra�r c_tra@[at_OF paddock_- i unef'f from the ieh must he treated the filter strip or riparian 40 bl f f e F a s �iaf} raj et t a+s seethe ava+�c� rFtafr�i nay rear i ng critics I�reas 41 E*istifag-native v;?getalion witfiira-sxiticaa-a a ff s afttie-re#ait> 1e-t ie e teat pa--aetiGa . 42 Se4io*--PkgriE r*I Opera*Sent sae ,.jirino Custom r� . �or,.�ti ,n Par., -RI4R5 e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx119 321 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 These-ope*-4i=e- pfep pse t a etentia4-fFik�dPr.�ate are ar-h4gl� r r!. trinrilin�l .ae ��+F$�I IF1E:kidir4&gr-mwd 2 or s w rfa-e 1*�'a ccT iGat'a` i-}}n. {�F�$C tYl$ F1{ ffC�n C7 a 3 FCG �f�EiFE B� f9�FF}1f i`2Fi � 1lze r 3 ���ee�at-mhk-F�--can be easily used"e rrn �en�r'i )•s ea��e�- e•i�-rc���fi�-•�ICF�i�:{.1Si-A•rFLt•F7�-F�- 4 age► Ali ag �^,�l. e4iy4ies aye a e-"e"�e4nueh-m, 9re i,te nse than I w A -+rnpac-t-ope-r-a-tf&R5 5 posing gamer paIR +i lea at4er E, i !area 6 ModeFae4 nnrtnneFit. ns Examples i44r 4a4-e)(c-eed $e•-an4n,34-uM-per--onp ac-re of grai 7 I z-ab4e-paS,E ..haFdS, and-dlcainage ie ra„. istrit-ts-- 8 10 11 12 13 14 f llwar�i+i,r.wr C..�rr. r.ler ' ! +ram.+er1 �ig•k'1-�•Fil•�t�� rpre-,T-`'F}ii,�?ii�a•FlyFTlal--�+i��--O�r$t#[3r�nro-rers�'o•r;;F7}el Gil.ig-GpeF^ TvAPOs). Yi �] a �Lr ! rtigulated ill-sta— and Federal DV2F3ii lEfli� EL�t�r 9Qm64 412). MlOdeFate-ions... W - patA24#ial--s+gR4c-a a risl� arsesssenfa plar}s shall -be pr��t�r rxritigate same 6 A --Oa n-n ir,g-add-1seF , -ar= 15 T# awg .*s, I „T:a a�Ftes$ ee -C� i e - 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ��e-L41laa�e rxa-�c�rl•ser� a#+e r�df str#� t; -ar A el+gi rJe ia;R �a ic#ie �++r re-partfEipat s-ir3 g Fa+n-6F� � t�F7 FFF a-rcE3EiF? }�-5�$F�S ,F a Ppf eVt-G-Fk5hGP, and G4n,d-wetj ng a Fisk a'ssse ssment of the 0r.3e rrn eF r� hT-oTv`-F'�var ••i �iii�-•ti if$fr}ir�` u"�"� -e, and iJevel$#ai�-a-pla�rt�-wit igat�-a•F�ider�ti�ie+��is�s;-a rld High_1Fnpaet-Qperar -l"onseiwatien.Fmrnn .•.1�c-.r�1c.�_�wrt+�j-i�•teF f these s atea-nd-fple-rr 4aw-s ^TrF'-aTrr^�T�- ^5--�� €u4fi 4k.L-4eq+*en.ie4at$-Gf4h•r•s-C-hantar_-►_Sna_1_LS�QA_Fiwal-6�-magi . arm �itrs arc kaF Plan Standards.-•i$-Eieve�oping- fne44s-t4C-1-t-�B"o d co mro-�ti E)n FF IA P IA FA u st c:en+ain, the teEfa� icy I�d�+sa is#ra#$F--F�+ay-are#�i-�e-tklt�se--c}�r�ae#klc�d s-a+�d--#ec#r��xlagies-e#�i�a�-#��efape��# 'j1--t4e-N4t-EiFar-r.i-�"v�r'•cz"'-`J-cir=rags=durirn-r--Scrv-ic._-vv`hei:,-svcralteFRative;— ha-N-P_--been deV A pr$ F?SSiBf#ci��f FFiEleF W}+4, . .+ir, i. ti,.. �Bf4sepiatiGR faF^' plaAniFlg. i4r 42c-rfGr-+a4lEcezii$p[e atief $- �er=$r seeyation Farm plat! .xtM Pre"e-I —1� and func- tl$Rrrr-kimeal�ai" T;ci^r.*. k--E6fK4k)-Ps-cfcn—fr be�aptl i e a �G r' F d 1 j�a R � i F5 F fanJ E$fF Treatment ..£ Wet lnr3 fly d rh eFyed purse rrc�rrr+c�.z.&Werra�r�-�rrai�-EBRsc,-.ccr-pur�vant -tE}�i�R--{3F�7N+4ififl I�ie-•��--••�•2ft19i-lai Faed3eeFity Ae Mal ►fe�� `���acik#t4�- &lstom rancorvation farm plans need not address the application, mi `-g 1-9—adi"g Of jRSeUiCWe-S-, f4ngfeidesr red-entic-i4es,-and-pest}e-ides; previded-,4haI-s-uc-h aeEk4tk- l'Fiedout i:-ac-c-Grda4-we w i �Nashing -ate De pa rtment of Ag— ri ultw Fe and 311 etheF app4�g*f8fi$Br� n h� A(A 1 limited to tFae aw +s#ar�s e � +apter D R ; #die Clem Wat�rAEt, r~ itec�._tates-Cede {-USQ - as} e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl20 322 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 -1-36 et. cxq- 9vdeical Tvsn ide, Pw � RCW (PesticideR'Oro4 e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx 12 1 323 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Bate 4Al em Coun a 4Aing a. Development Services t and Use ni...�s9f� FVC ff,5 52-80 nlerth,.,est nr:,,e "GJ P N"C-L-af--woA,49 be perf4efin ed i ritiEal-ate'--ifa-GG"+P44r E&OfWCC 1 235This of f; lea-OGR-�5hould-� m� Re4t-& .. ._. IA-. I'OURt.,I,., Yea sit--ittWO •ariirrsv4-S•bw 7• r: Adc#iress CC I1 Na +,iA,e,49f--preperty ow.;ex Phone P4$pe.ay.ard.dress and 9r tax--pa-rce,4+m-nbo. Proposed start d te—PLF0Pesed4.,-;-h date Tytpe-4 € c4e4-e"c-al area €St eq�lip{3ieRt,-5 3efci#IE U�$F�� ,r activity to be .,.J....ted 1if mere d44kma€ nfr.rm-ation sheets) 1/11veIM.-Prrta. S y.WL @Ad I.,r aetiv:e4eE}s-:"srr +i-mc�ic-al area, and a£ 64R-9rr cmiFlat- areas -b restefe4-as­nearz as possible $ {3ceyiousear dition.. DeserifAienof r-e5t9rat+0F - 27 lyre- he .,ndeFsinnerl 4rLnGw-lerl n.d ZICEept the rerr.r.n"r :1-bili4-.r�he nrnnrarc and completion of this 28oFpla�f�aes w�4�iFr��ed+afea�+e#+raghte th�atttie�ffae 29 County Technical Aden bndstrator, 30 1 -Sig-vied Date cied Date e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx122 324 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 S ft. N ATI'%'F GROWTH PROTE:CI'ION EASil:MPNT UO �711 r�/1 +Ra H .w.�r.rr.n rn.wnY n.v .r.ru..anrr n�ai :ir TW . YY W H I •!alJYd. t rI3 12-inch-by-18-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 _ penny nail. etc-) placed eight inches to 12 inches from post along NGPE line. Quick -set concrete Compacted native material NGH-signs shall be pI Re greateF than 200 feet apart around the P Fimetw of der l slg shall-be#arPd I..t +h .t bcwd rthe AIGRE unless otherwise approved by the }nGh RiGal ad r.lir.iWatOr Sign Pii3CeFneRt sl4a4-be 5#�� �1F[ 3; of IAfc�r rrr ccvr"' rcf7Eii t., AYc�r-rrice±'Tcr't f� lasi�{�S AA Il rsRrw,st e-sec-+��permapent Type 2 5ignsm „ ho c rl r r}jE;4e#a'iwv kh--i-ypP I � the dirr_re;ion of the Whatcom County teEhnica' adw,i.,istrater. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx123 325 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 A 4 ft. ■� 1.5 ft. min. 1 2 NOTE- 5- 3 4 5 6 7 8 N G s Paint white with black lettering P 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, �0 penny nail. etc.) placed eight inches to 12 -r 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. 14Gn chal ace4-n e SFeateF thaR. 290f'netr a rt areund the perimeter of the nati a grr.wt4 qir-ete4i 0R easement M n 0 FR u Fn pla ce st s ha n e d n.te Tyr i s ig n we4ad a nd at 1east ane T-y.pe—"ign S h a l l 4e tion ea-I4r4e&5-e-ther- � .p-i the !'eURty GF4ical areas SP@Ciali5t. splacement shall he Subject to tpv--al of_UlhatGom County. Alternative sign designs mays ha su4mitt_— — v�irh--+r-aM CO aWOW4Grr$val- e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx 124 Me WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 T-ahale f7_7 listed Cer.si+;a.e ai;d Gandiate Spe y BW,n r C..r r. er+ed to Cisr..r ir. ►Alh.a+Goo Cr.. ..Ay For special s+a+..s fish. Please r e Ta.hle f7_3 4"05 s#-Ati IrI eagle `�7� FT-;-- 1�l..me ro. is nest territories and fo rag nr, areas in major ri raj napes and aleng mri�S r.rnlir.ar of western IA I� Rrand+,s r mn_ 7-i74# �C none, Jt Wintar rAlMant cLaAhmrd at marine Breeds on outer Go 2b waters. grown pelican PE -,-SE- Clccasional summer slotting in marine a.,a+ers 2" C'a ades frns, FC07 -Sm, �+rearr.r in het.. e e 7 non feet and ti '7nn fee+ ele.,atinn Wetlands and small i� and QF@O Vrh-U-6-G.M.+r�r. l,tir r rlis':....c+ Frr.m nnn..l_ationc_ tn. south..' P��� Columbia spatted k-Gg PCO, C Aquatic ha.hita+ ecneria1IV emerrre nt venntatiran in wet la Rds-neAd s_aed stye the Cascade non,:r r s --n washin atca.z O astern Grmrir KKOG +I fie, $SS Nests on shorelinesines o lakes,larger than 3Cl.acres; eira.ters. on_la_Las secluded and marine ..,-tars 2e Known to oecut at I ,.mm i. Bay ansl l.,,m mi.glafc. Common none, of inland marina .aea terc_ Breeds nn oter coact 2 ,� iAlinter resident =iirrn seabird F-F✓1-Ici` PGQSE VF,�,�es% c�iyore choral.. ass.aciaterl ess-c�aivvnvl conifer_ 2a Gus a l d f Guntados. , reeleagleRE)Re, SIG Ij AGE)FAfpgn rte r. ►pea West..; GFay whale e, SS nn mal fnnd in coastal waters in spring and ri 1m mar Ofter fraras.es 9A OF r hr.+t.am ingesting sedirr.er.+ 2g mil# �_S r -� Rwsa e;;mii,nr�n offforested eel r. .. -. hhi+a+ regwirir.r. equate w la+a prey. Occ_asisan.Yl_ recent Ferof& Yrritr.rth f � adds nl-,+ir. al R&F ' GF-4rl� 4€ Rare or n�d�r-E- il.rlr.rr ass areas. QGGasin..al r _ r.+ .-nr..r.Jr f.-GFF; alas+h Ca ades Ala+'o al Dark?' Killer ,.,haleFien Ca4 e S-9 i Pd-. h I►narhled m rele+ PT-, S I Incorv.mnn seabird that nests ire late_sUccessional EOR;for fwest Wfl-50 miller of ma -,mesh eljr. Win+err iw r.earehr.re ar.arine ..,a+ers•2'a Re Re, Nerthern n _ lE Fr=Q, 5 RA ri+i..e to clear ...+ +;mh ,r har,.es+ : es+ ar.d fs.rar.i.,r. s+a.ads 2e e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx12 rJ 327 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 spies Statiol$` Na 4-a "iremca. U and Distr a Nerthem spotted FT, -SE- � �rniFnrn it f � �g�8 ac nr � eW: +�jI Ir�� e4-w4.h late s �rr�rc'r�Y�stT2j Olympia eystc-F Tom , Shpllfirh found in in+nr}�. alr��l[...��.�I�.1'�}��_ii��Alh�trn�'1n4�`+ T�7� rPa-r. Fester f -F#�- ff•}gF�S�2r+ (lrnnnn Snntte-d fFeg F-T 9 (Rana pr-nt' GSa7 Pa4fic4iafbor 24 pex�e. e &C Rnrnnrine f;;lr.,n PGO, SS[ .c`i•F-f f•ESI eFit;-R2-5 �x-FFI-E• i•' S-(-7z-tr•fF} 13�-0-� ]• �;-a{ - C �$-F��FFf�-r e�5� foreb ids a d-Watreff9aslF��'4 OGIRRUFFeRGeS a; nl .eksadL nnl d pef:tag"ay-: P4,:�te"Go,d-- ReRe7 ta-Fge l- f}e4w SIC a4:n e to F r3FF12 lf7g t�F7£� FE}B�9f nt"rP'�TT arY£• a 2 t6F-p-r8vidft E�iH�Fe'�r�b �3 i'i-Ci!"ft k3P. F$�-�@Ei$5-2e Rllrnle martin f�6f}� { igr tr ry avi y-nest gs9f a ryes c�ve�er ear wat��-1+\�FN-use � r?Ft+�iC�ii--F7L S•�-l•343•�F95:7e Red legged frnn i-� ���r��T�����et+l -_ ^,� 7�J��f�n eva t4ano n western Washi4a}� reeds �'S � none Jan i•ri-f-r-e-sl�watELFWI£tlattl'tS--dots siow--FF: EGvii� S ,re-aiTF & 2E San.dhill r fi$F 5 r 4 r$Q$ �-ivs-rc�ti f �' ^` en large wet meadew5 and ma we-t- � j--� r pc-rr-rars�:r'c--r-���cv�mrrrvr.�•rrrcF�fi-� {Sril Wx3rr� uv �151tFV$ t6�ist,... -pland Fn ea do ids Sce nrif-W35 !p�-pfFfa•F �,�LG7,L�•�,iar�tirnn• � fa.r .-Inc}���}F$ii�Yi$�F�a�l�-F};� Steller (NeFthnrnl PT, ST A's on-th reEzds ,s Fear south as sea-4ioi� a4if&rR# : 5�—G;4 % -ix�la wa efs•te a-s€of�a-4ly�--i-^iy�Cw+ ak Tamile4-i£ro /ten ice'-L-ptYj �G• � 3 i��ciF � i � Fr FiY-i�c�. sir cir�t rrrrcmmrr i- t9�-tJthi-ICt`t-g T-o wnrnnrl'r hie- F-C-O—,SC. S e n- ea-r-- Gunrl�ont that `.}c_c since. �.s el h�nrlBnorR m:nne �nrl �_ ` eat-e -bat FFlnr E�Etr��T"�' Ro �-tf}yivirm'rrvi3t�i3-FFE�� lAt . Fds from cr . 2} Va u. ft nORe, nA 96MMer Fes:r�.p.�_n_`+ end- bree der of western lAl��gp I ly_a&Sqdate4 &C with--late-sLieee&!;iGRal-c-ai4i#er-fefe-st-sR�q+�i�e�iaa4l�w; larger i�{af�l�ie� Si�c}�vrr �c.c}inn �nr� rnnrti r.n �N Westem nrnhn neRe, rncr n w4yter ident on Rays - Western nnnrl �r� + �4ar �nrl Dce��-i�afra��orl�-s,-lam; �•�-�aaat�e�i•�af�ii-e�la�•:•ti;-al-•wetia•fids-: turtle J+i- a&hinnrnnr rl nnntu Ftles u • tlands that planci [F3VCxF`WiRteF-ir ^r ya vGR-GFa --Gf BFI S-0Fii�lcl�?ldfl Ft a Ef?t tYT�'i nr i-e�z-r-VRP��T �4� e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx126 328 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 2 3 4 5 6 7 5pee#es 5tatcts� l� Western to Fri Pound near emergent wetlands and small lakes from zero to 6,530 feet nio_ Willow flycatcher F4;0.,- Fee #Arpar, 4 Wolvpremp CCU A �.+ide_rangigg rcaVenger that reg� eirec large trait remate h OF ! . .+ ar.! hrnc hl'itt. Dnn r+ 1R tr+ � �4 Farr. r.} lAl1.a+rem CO � MY_ ane ,aa 1,T.1T�1lT.�L�.�1"1'Pr}!��r1�1TJ1t'ltiLTT.TrWT,r.:.i=! _ ■ 2 Sourees; 3 Re.lriGk ar.d A11: 0 ; Ar.r r�l ��r.....i h 1�0�4 �� Leonard et al 1993i d Hay = 110�e I arrr.., e+ al 2004• I�E,f�Ri.+e 2994;TT; O-S-Sm'��1, 1�4�W1 hark Cer iee 2004•' IUDtA�/.RG , A6141 nnnPcr �nnn• 1lni�or�c �nnn• Dam loan• p nar.++ila "nnn• e r*1�hlnrcIcJ!rimM and Milner 1007• f asr:dy 2003 T raw }�r I For- Priority Fi--h see T+Tpb I P 7 T C n e s'i es/ S i+tep c4teria 2 gaffd-t MCE1 PigeOR bFeedmAg aFeaS! RtF IaiS - rr.s.rtiRg r ntra+#Gnc n r-Gwn ha} Meets hats pallid _ha VA 944e-g.r-c se - breeding areas, regular cnnce Fatrk)-As PIC.Y i3rOFan tt regular l arrre rnnrentratinF+s V California sea Sinn - hay le t area 11A Cavity nesti g d (wood duck Barrow's ire id a neye rem men go Id eneye hsi ehead, _-h qed- RGT eLs ed McFgaASK) - bFeedi ig4Fea-s C-Glumhian Mark -tailed deeF - Feguiar larr.e rr.nro� �.ivr?tl��� C� '�b"'� RCm Cnrmnrantr an �„� �roo t ra m VA Bauer .a.r�.F.^.�-,r., _ I .r + .,tray., VA rr{air g a e Ular r..r..•e. UM-10FIS is - F}ge•f11?vr� ❑" � . r! r RG ! GeQ4�4cz W regu lac reF,ce� VA, RG G4:e_&t 4`c4kw +eFQRrr—Weeding area VA Ha rhA F seal — ha„L,,,t - rp V Hadley iin clucks=vreeA4' T'g aireas, regal"-rurmvrr-lr"rr'�--Fu�cent � p�� VA,RG Manila clam - regWar cnncentratinnr VA RGIF Marten - regulail:Frances RT Munk - regular a eras PX-"F e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx127 329 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 2 3 4 5 6 7 8 mice= A49OSe FegUlar rnnreptratin RAT R1 awilairn goat — breeding a _ Fegular r ncGntrat♦`rsons RCT Native little erL rl;m VA, RG ❑Ippr csd!FT g-cvii�r .• �� ega a ••l ?F�'i(3d3 goldeneyerbufflehead VA, RG Nenhreeding renrer.tratieps 4 leprrr,,-grehes rnrm es t AIL FU7 VA � p�,^O centrations of nleyerr• sanrdn;r.err nhalarepes VA 1.7ar�ey _ ragUlar rr.rtr@n}r�R-, VA, RG P-andaiid shrimps — rene.lhr rA�e,R�i9� ��*Rr�t� ip1, A RG; r RGaamevemlt eIL — re -u ar � {ii an6 _calving areasmigratiei; r..rrirl..r� Cpo.as. � �geese — reglar rnnre�F�5 VA, A, RG V i term'IC-444 F4a SWaAS FGgO4r-�AtFa kN4S VA, RG WatE40WI C4W4C-__ tFatkmIs i4tmhe,r than Canada geese m . ram, „aFearl ni fle nt bF edir. eas-and re_gullac large wintering r rnr.tratie..r ■■.ape, a . _ _ i:+�srR;�1 PUT&M.a� .. .., es j4diaral a,nd ctate Sta- WIS -1 Chin ailii4 P T- C� Hob et. fuyemiles aFld a.iUltr car.. ire r Irl ...o]I__rs.aygona{erl i�ratc�r 1 (P g gd GFity Spe Cpa...ning g calls a riffle a _ ..ith clean g el and cobble l.. r.. swees areas anrl/r.r fe banks a in cibble and undereut g *rr sip refugemPrnrl.a}err _ Cobble SUbStF@te and off channel habitat 5 s,er Ada channels, backwateFS, OndS PFE)V de i.�a.1e ��e, 4a*R4Iows fer eye rwinteriFig ift yeniler Aer riy@F e�ptpr ad1-Its AR esting peels, .,hirh a ,;rle refs age fFeFn Vel' currents and high .rater temperatures at eftp ptp ed iR the We r�immar a d� Ala the pm p tant fer �nrrnzcrm�rrr��' �� rye r-rar�ryr feerl;ng and refuge Geri piles aft.-.r r.tr_. rr the 9404 ihuAgn: Wha}cram !Cush.. sF{wiipf-jnE] rI n-S-rv"i�ft r „ rfF�ii•--r' salmon ster.r ate --tcsTc-TnsrFR� $#ic�lAfl{-147Il��anrf[} e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx128 330 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 Species rnrd era 1. •snrl "11,61 6e e�a�L�c i s ed —l� tip t3fac-M df le I rk ar�d �c���h arl�I ^ to ar4d- 1 .tribUtaFiP,5that i .-Iu.- a Anderson, rd rtranCishtrar. l4utw.�i +t4, � r r_i and TeTl--W4e-&-eeks. + k sale �er�-k a�+e a k�ee� �iec rx�ef�Eed+r� gie-Suma Yrzr an r1 ir. ha ket-. Cr• Ai� ualkn d l A lhatcom. Creeks Two ^ rhrs Al.. ef*-�o ksa ck_betw RM 45 and RM 64 and in �l'ie4owe-r--M•F'F41�--F�6Fk-Nook-sa -L to a lesser extent. TrhilZ8tk1e"prr i�41- nornlr steek spawns in the .Coil •h-9afk44Gek•Sa-C-"iV er and some larger tt il3 afi�5 5 Fcir�6F�E?insa i-�iFf 9:FiYR} k�L�Ef aF - k33� C��Q�Err W4xan4i,GbIQire-B£E�F�3FFFigk�ldl{3f}if-d�ilk�r Fl}F�{110�FQ-IMF str^a mr from Cab rua ry to ilr+n be and spawn f Fo mL. ilir_tr�C3� _ er, Pa spawn £#ipeak-adtts-la�igr to and are a B sea -J Ie o-AJo� r abe a+�d ^ fr.,m Septern I•....-+^ --- .. be r. Iu iron ilex of both stocks-Gao-be €eol4d i g4n strea ns-yeas-ram PA-- �efti P lef+ y Higb•F$t--- SiMr: b4a-tasseEla+i^ ^k sakr le -{see a-bove), Iu _ vile s w se p e el ha hitat and in_Stroam cover c�.r�L-W,D7 kig#itC-F s3a£-5-.imci,%+Gb4les aAd u r &4:c�banl(s as Fe54W&reas a-P /or-F4- or,.,inter� a SLEE� air 2�, pools a ..l ,FF_�hv'rn►ci�w4F�?��urc v��3aF�lEL}i3� Ff7f- �1.-.r coastal StFeams Ohio,-+ to I21irrfall and- .. n+ar fln..,r (t:$�wa t� a+id-�a5sec4c `' cal l e r R �^� Ca4fof }�tj�tJl$�-Paket�- dependent diva. A�n•�n��e,.r, ,.including O•er�Pa4d G7-f� 31t������ e r i i>a?f? rttir 3 E7F!?{} Efi ii£ - fl Saii�ivrrvc�rcrlrrrriiin ate _ Prl aro in 5t;—r,a�pm fro i EIly io as late RvW 4-,pan-�FBr 4E+ ^ late -CCrIYbPja-r-y.4uven i er�ran ..turd, j�}� � f'h ,m eaImnn crran-r�a-rn-rm� �reaaring � itn+• !'h m if {-•rear lid- iC-7t;•WaM --1-fJ f}�l�'a-#e4 ui-trs�-cv--v�-czu�a .rvr-c rcrrrr-•`sv OFIGISOMYFIG Species � ^' .. �'cr^c GFe+nigjrating-do RrA-ream-to-$akt1N 4h-`,,r ket-G ited--klai}Ftat needs Tr,fFesd71 ateu.A/l-Fgratino-spaw-i ng-a4ults re w4-,-E@j V1�£�li-$ • a+.� I . a+ ..� . r+ fl$i5f aF1 Ei�af}gfaVelc-+ Spay rni + + f h I I f r_r„nnin �SCTaa'cc r.--zwurir`�'vrrrry^ em '-pry`^ v^r�ei}�a-i�f�4i•�•�Siic�l��-}�f�, S fl-Wer�zrrrrrrng st;e,a:r.&•amd-s �e�ls lei gradie re es �€ r+Were I-)ir+—iihIehi�n-.TWA ;'hocks of rho�I,m�Trs-cne-��r�aE>?F�W�a- II�f�5�-n�-ycl}�..5.`Hk�-�1-%r�F-af-lFl-f�c�IFiStefT�-iaidB�53Gi4-�rFld£�F'�a{� t4b-4arFie5,,-whille-tihe-otier spawn-s�-4-thn No h -9.•L 4eak-s &-R�veF a cri lae•leW4l*--d+VeFs+aWdan4--o�the Midd e For ek5a-&-Fiver: 4atkeF-pGp- Ula s are found in rrnailc�inr%T�a 5- �-t tee--fy�k}414- � � r,,, i VlfdEi;-( d�f FTil kli 7as 2f3 add �f} 1 hcl.a m + ! Gl'�'"'"1 nr.,, den, Sqiall-cu Q, 5 nr_d-rf Ash at—cGfer ek .. e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl29 331 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 Fed-P;4a4;4 w6e�s S>tat4Sta- %U.51 Ge of LocationlDistribution :re f4Pie4.---C-"R) 5 la��fx� ac is 3 i ra a ►[�-asp i� r streams from Augmst to Febr nel spa n from 0E abe tO Fehr _y . Pry r� ���I�� irE area:�#r�r� F�Lfa��r � to-l��� �I� a - .,a�hl,. Mfg �n.l Ft... .: •ii��Fii�giFi €F25�}+11fe?F Ward D,-4vk-�F4 y A-lrri•.itnh, Cimfilar early life h:rhr. _ r-e-ments as 0,,4ee4WF4w6 Species fof-ehu Sr}4+W�Ff�a7ewe+ gGfbV96h,9 lmen irlent'fierl in the year-pi-�i-5a�r.-�rrc-o--rr,--c,-rc .-k--basip as y11 as small P Umhnf$-Gf-even year plia•Itc�aki G{}-One mninrtom ri t 'h + f th A11Mi.i rtoek 'r fomn4-in the .Sc-vc�n'-�-razr .r+-rn-�n rrrrrr✓cc�r-m�a "�' 'u' cir>=-}ea-"v�--«�-c-rrr " 5'`F' "' nfs-r-c+vrrrTv i• i�--'v'�a-•cn-r i�c�-F-�• �3• : �ii�• t4��.��C�inn claml a�GTha Arr•�rL n t.. R�n� other ft L i� f�yFF�IFF �BNI�I} �Q{iF �1kr3$�C-�f clflLi �MFFI-ki�i�� ��, ait 59fR E t Fm butaFFES fFi�lfi}f1 ��FV3ric��a�'rhr-r�rocCFFFS�F P4u 'vha�r^'Can99W4{-M-Greeksr. �iErF7--�IE7��f�--9�F1:-�•lfF�i-Sr7Wf7.1f3F1••di�k�t�rf�}F�Fc-FEE• d1�}�•c3fEi- i3=� streams from , f#4-S�c3�JW7 f�6i3�61�tF5� �9-QE�4Wi2 F-�fjF Cam}-�3�- ��74f fli�--lii-'S�-F�2•F�r14-i�EEfyF�W��`r�6-�f1 ��3�f jh�KH�m+•^c-ocv- waFd--s4ort4y-after4)&te4keveni4e-FeaFeg4P €Fe0--.eater- C�£i£-�P-5��3�1- 42KF9FI�y ���7f:-�f�i FI'ray-�cncFr�i••!i�-5t�� �m h�'�hFt-at-f�C�kl��'`.� �'�fBi�i�� rcl�F4R $ Y" aoEkeye--sa'W-rmrmr' � re--»c=vr'rie--in that juve-riFies r-e ner-ka to-t-he-fleeaR. Kek efreshwat;er 4al(es. i��t#e-4�r�-�a�d-�i�t-�-Fe�IFNeak�ael�R,i�rs-afa^u�a;;o+aaLly--Fee�a�ed 17}- -,1 otaee.r h of the Middle Cn(L A OP P, n��e yl��l'��kaPee ! reproduces rat# IFo-IAEk�a> ;�rters4�e hatchery' -at-the--sa•uth-end 44)e4ake produces -native kekar a Fa-oe4-steep fo -lake5 arouAd the WF}rtE� �T-�7f?���x-f3F@-9E�Gl�}l�`�:C���4FX}9•f�••a�{•kW�S-F}1f��t�R•E�-a•FQ-FR strn rn-Anffl4$-Navembe d-sp2yu+44rem August to AI 4=f-y-grad-� l.+ver�rea��r►g-�e��Frs-yea r-r�a��-ifs-#�s#awa�r-4a4Fe� $i}t D ^v'+ FTrr riricpf3ii��# tr thnr In,..r -�1 F}iia( �E R� Fai lid-rrfrH' hi�31 FLcrwir'z� rrcirc�-a' `�-irrrisr`amrrrrn r- £7�{ Fif%1$ t^$13- �peEFeS 4`lr a nt tha+ )o t EKjt FE!qUOF@ ..1.....ldei:water t atwes than ether-sa4r-na4 ; , ar}f1 rer}rr+r� rely e4y r4s if�e iita-4Vt+gra e- /lr rf—mc of E■utlt.-e.it iniziF In...nr riser reaches and aelar4re me h�a�ltats-fg�at:lon; rea�lf�g; arrd�ee�ig= Ui�tri[��io��ec-apse-�r�4l--t r��r�q�Fr�-very--caL� wa-ter�er��rat�lr�s�or certain Iife_histery stages, the dirtribut:ri of hell •, trr..t i IkyFe„ stric4ed to upper free AI__ �•irC�rrlr c k ka : .ors to QAA FC and Boulder f aAyon Cornell !:lac- fei,- 4�;-47iclEEh-iA•FSP;-��143F�1 {3Sf}R;-3f�£��L�445-�Cf'�W45:-�i�t�� �F�4Et;° pFn e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl30 332 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 I;Pdpr i-aPA Specie$ Sta*e-Sta- tus t Gef4era4-Le itie�+ NeE; k�aa EIF i�+�� 4�e-€a �fa�r�str�araa--ef�e-�-i vef:sie��a+��an d afe-4-24-her nrore.lt or presumed to be pFe--nt�� ", 4 a*yep,keaf a- ter,Feer,ank[n R4di�ers,3f Warrp Greea"_}`R44e-3f4it4-i"i7r� AlrinLrack _baSiri hell VERIt ara Le,e,WR W rna,aen in the mainsterm of sub � arcr,-rv-r the S9Ei 4�t3FiF iFIS -i{ l veil 1 ..�rrC .OFF a to l �. lrr'rc`if �FE�iFS- �L%�l tra tma y varden a aIrn kR R tO rnaWR in the, CNI'i ack Ri r system outside of the-4�eal�sa�-sy�Pwa:�l�aweve�-�-aeea�se�vrt�af}sraf�i+�l-l-t�a�t #a - migrate #- stream,O•d-4 w gstre.arr, I ,Mo, SpaYNf+Ii%—, and-4spersa1, a tarieS f thr, nl L d Fra5er of �rrrc�'•ar-n-rc-'i r�4FSa� maTra•�rraacrnT BR COSSideMd PO tet+ally inhabits f4l vout unjessdata indicates tha. r Watequa4y "fill (t'• marily--wat�efatoFe - r;aifed- r.� to-aP-e :-tePAAhat--rESi��E f#iigfater,. I'fa_rt� .f bu l_troui-cv'-r�r-ot FF ppeFte genefal 10� ,—cif♦ the-ug��-rg-ea kes_o n-tfib ,.3,r, uYFG�[he--Ft1O� NeokSac"Wer-,�rimaFilzz, rry-usc''`n`tr FidOrr fOr b III tra t �E���Ft��t-?F2-BEEfFplr�rl�-�a--r• rrh....�hz nn�rt's�r,r „F�cmm��-F ��14fF-S-2%r@ �f o s �ai�i�efaa ier Fs met obl+gate"444)ul4rout ad�ts arm ji-:1r£'i� 1�25-F1�3�-DEE-L•if--I$1--�i"-2 S:li�•te�jli �--Ffl+rlf�£� SE, Rf ioFity kkrjbitot-:-�a-, other salmon- �r pp�lhpad jp2CFQ .,ato , i o�-�c-vr-""r•thr� h-F- Oneer-hyne alse "wire, habitat fr,r fe.n4iiRg-a� ngykiss -a u 4e-s4lih/a•tef-O - QF5 flbbitiOff ►i eat �f F-Fl Fl£� Fl@ SumIi7ef-Fun stock Rr-e- fo 444-in the~-Midd4e-PoF `steek, and the S--+CL-Pe Fk st-9 ek A r •nffwT-rat:r-ai ek sa.oun,., ri n-},,*�h per r.Noel .•I( veF. op fSouth �A -`h �7rr G1•r., �eew-i/h ucka niit�-b'a t r•�' �•� 1-C rt.`tt-dtltY�fY-hia•Lti}f i Greeks, in the Sum leer, in additlon,,nat esesdent "Fain,hBw_tm4t are { the ilart44n4- Middle Far -Nooksac-River-sob- h.` ^,`Ta4-aaf3�e 5atf#erk�VeeksaEtFibu ies We heri�nh� cUPIad: 11ec idnnn tr rainhyn�i•�r treat ar.y'gI d-in frQr h_ ait 44-'!1 �Ta�CaF F$i:Md. SaTTrPIE `Stee )etK�f�"�.&F'rre,, ��t7tG�t�tQ-tl+ ���-Fi--i'LbFuft sufv�vi-ng-A464-i"f%ig-t t " r. r110Ftly t•hereaftefAn ste&th,-a4 nvurrv-n-r_in r}reaeamm rs frro P+-Qc yp�� ac-e6-r-Fr&m-December te�era+fes a#beth4A-h+StGFY fGFMs real-+ freshw-te, re yea r_reunri nrinr t��- i�ti.•�.. }e-, the... .-.a-R-. �'eac�a�caarc'a'c' RPk)Fity ie3EEies HGbitrre�thrn a tyo ut have ci m iiar ge no ral req i�nmen++���*„ thr•,-•�ryat-trn- t, S iris-and-di-'spay-vafy4Fig degrees of rx►�gra�r3r� l�ehavi8;=��r,;,u;;;fFgr6�lt tG-Rea-Fshore mainn waters and estu a to feed OR the s _ P4 r-lork r.ii.ig-r-atiog-ffeshwaster-strearr+s-to-averw4iteF pFier to-spaW-R�ng R sae s�4vg- e:\exh a -chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl31 333 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 Fedefal and Sperfes State sta-- W&I Ge"efal Di6tr4a<36I IflFh$F1 S BCIE•f� £BaSEai-C { i 9 t 1 1AFI[�e 9iiF4t thr n IVATIhateem Coup F,;Feamsrl rlo�.enr+ro�rrs� �'-'np-pep-TrTz�Cn = PTn f73$S�ffFrgFattSra-•�af•Fl�fs: b1EC•'r•:ed. The Iife hi5tB1io Eoarcr�sta. rcltc�Fi�t�F��Ff�- l.y-Aw4ab4,--- rl.-.rtio4s .,6 ..r pW.-tier�s�Fe�'raa£3F6}-i}$" , but this behavior it LFJ l$tft igat•ry a'nr1 -n1PP.r��i**.} v! tr-OW i."�r,-'la. vccF1•Fifi fr.eshmwaterr yeaF FOufvd-. River Iamnre.. SG Habfto". er-iamprey are-anad rE}9H5 nd4--(Wi I rr spats --.''.".'r__. •• ••y r^r' i +'nr. After hatGhi ;tr3e-H•-1-•S�F2dffF5- C3%�saWFl}F7g-3r-£'gg-iFlf;iiva�r'.�r..-.�rc�--n�rcrr� ff�-• prey-bOmf+4+i-Gff ch flFlei F2a5�N�iLF' iE}!t C-44y4efA,314H feF ed 9 .,eaFs. PiFlilfft-k715 Stage,-Iamil.L-y-Fequire Fp a- r.-iveiy.istYab IA IA-Q&se-,-t-a4-.49W, 17+s•Yribt4iGN-,-GU+a'�`S-- 1�-Goa-sta1 s F f� of F F rN ern --Gal+#[ micl—to--sor #i- 15•te•F•F�--!•tiY�}sllYYfct[i-t-I•ilf:i' �'rrmrrriTa civrr-nVziiiFegx�3f{FFl�{@713@R sWw-,a44ve-r-4afgp4-ey4+)-W49h4+sgt4qR-. When-hob4ats AIFen��r_�Piorl ..�,ar-iaF fLI�-f7#IgFc?�La i i] S(l xiGi F@S }Wa r streams in the fall anrf rr.awn-in the wi teF and-w4g-.Hewevef-,64e aMMOG eF�il�} s ag�4as se er e+Wer- n•,FFey-we-uid be-e*pQ-aed to-aG�eaf-ra-1, ` iR strearris, whecL 1-a+e--fowfi d- D;g,rifir herrin S,� Habitat- a ccurs--Ff7--$-%aaii9�l-s' QUP Eggs a dpPosited ii/�tatr9f�-E}Fi3�i1eFS�}elii@W% meter rhs+ram+., Bf$tFf�3bFFr. ;r^r T�nnare abuRd,4PA4h-r"gh�noLjt th2 F19 c?St-parzif E- OC" .,:fir + H..i..i.-� nr.r -era fri�i secs•arr"'.-.n`^��rrrr•rca•nr>�mrrrrg-E:8F7E�-Ff-�C�:c�rr�-o�-c-rc�ul -}Fl- IVA r3Rd SaFF1i51 #- get -Sou st9E s--spa-R-thP"rst-yeaf ❑� �.i Cr. r..S Cr. r+r.rLr h'le others I F' £'��f}Eria era rrra F.. +,� .,+h.sr r -Sri•-.I _ ..� ^+^n .•, �� ��+ish Co 5� �' Iofnbia• (•BaFg+}laf}n 1998y- Wr4en-nh4.-.+r ..ro r.rr�pie�P-ai-ifiI-er fg j -$►nrGcvz4 spaw4-srcim4a-t"anm- +hr ^. trite .aarli,_A nri{ A nota bloemee r +i.. r f4r.+ U..in r+r.rL l+lte laFge&t4n--flag-state)7-Wh„e-h-pam-i-•frafn eawly-A r# tf�fe g ea ly n�. oar .a igrlty 14s`)]IF£i2: aEf�}C-SaFFd-�afaE�{i2j3651t 1}EIr eggs 1q�Falf�I " atES tQ 1-fte �P�` Species between the mean ghtidel4 david abow! plus five des Eggs-4na ofgate4R-beaEb--s"st4--at-e4Ew--abei rt-"e nt"e#Gfe f Fg+Ffg•: he)vur,+er-us t�Fvut-vrc-v-svrmvf-E$�p8?e he nearshora npr1�annrLc+on Inriifsa t•♦fFg sa sad IaEeggs acr +#ae sarx-sklst�te w Fi k} the eggs o€ s�lrf =x�et same welcher of beach i f6� Sj3aW�g-at��ie-safflL-t+Ffles-�t�a� D!5 ��7Ei�lf}Ff=T-dig-R3C-[tIC- S� I�(�•-�arrCe-i5--t[3i=lilCi -�f (? i ll3�i#t�ef F4-+c-a�i�C3f-Fli& h ❑aEfi,- G I �hn.•o marine a rif}r-t '^ . �r5-Ear1#�9�-��1- e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl32 334 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 feral and SpeGFes State Sta- U1,51 nv.�nerr-a4o atier,/-Dist-4 ai Rtee� 'S tom$--t��rel:���:�--��-ski{Ir�•t$F�t•�:-��'�„•' o -' _ rr�+��tJ--R-ii�-F� q_c�r��rpo �e arrhnre areas in lAr�.r,..r.l�_YJ3YT�� 1AIha Qi hnhn �,.,+ rI• o Cann -AAC;AhA�-.it marir,71. �-c vttr�c-ricar-vrr�c-'wrre�'vS %i F}1 f1 VYff t� $ W H Fig �i}+q�i srnvrcn" vr•�'d HFFFF�nSa' c ly F— �e�elx�rb��r� Cirf IT y HO&W& simmiarr.a..rninr. anr{ r,eahpr_e_ habit recj iirern.rae.t s-the ����-- ha S{�FS Hypenger �peEFeS $ain'JrsoT�cc. c"-ur'rvcv e/est ,arinn 1i F�-IFE��7--f�-lcIFFI-I�-c�r:�,c�fE`W5- ieic"e5{us tc" 4BarF; n n 1Tn9T Pistr+ ian.. Th@ i-Cf c .eat nr•r•„- fr..m se-iti.e rn Q1ifo rnia to cent ra r�m e k-a-re4� nsimilar areas as l7arifie sai)rl lan4E-e- ? +-4e itots nra eccur.:ar{�C�rxrf smelt ir.h-ibbit marine noar_r4xn�rea� rrig- fxiay c 1r year-i�a ii��l L-angfin-,rne PKigFity ;;r��TlaCkBi}UiiS aF�v i�radrrriirYi s�£ Spir4nehas +l.n_SpeGie lekhthys Streary S. Spa Risen s u b5trate it sand a..d gaye1 51FA iiar_ to th ate icc.sl_hy S„rf Smelt in rShnre a f]+s f+raf SpainRFPg-p4ep41at- i9{4s-ac--ct4r4 Gci4y414r4aug-ho- �westef{a �1�+_7_ChJ11Rte„- Lt� ��' i•I•� -I �i� [•trte'. i•i n}r1 studied.Spawning tC r^ r7r, �M•Vpv4�i�rtiFjr. ^rr"YrcaV/Cj''CTTh^�RSTrCl•y'�HFt�t�•fi'1••C,rfRP1iC:C�1-�{��-�e� i ave-not-b�V en ;Cii.�Teta�i#sE�-(i3a1� 4s� rna,.rnong seasnn in the IoWer-reare,er A-f th . nt k-saek4-sve+-ishoug4t--to-ai}!•y-ecru- from—No- yemher until as late as April Nll,-im�ern..r, Cta F HQ bi tr,t djS trihrx tie Fg� an E7nrUis' annd of ReGkfish S ^v�r- rcarih FO{ir{L FS�1 S Fnc� a 4e$FflE 4n-imaF;mP ncaf5kaF@ an -Gf--1hore a ems Cel.nr da-te ,lea r_roWnrl GrtU wrier after at+rar�T f .earl. ik-phases-ef gre+m dfi s h s-pe_ � '--CTn--4-� E4-a4ff-Tfeal,-RedTd a SS=St-ate—Sefa4 No-te- Qi ec4es-afe Aef r d to he in uded in the defi Ritk) 0f fire, and � ril.dlife habitat r Y�t�w-eas-(WAC-Jt3�t�t}" �T +... , e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docxl33 335 WWC 16.16 Critical Areas Regulations (Council edited version) 9/26/17 1 2 E eouMower y Z r L ill } it (JU N1H6:tm hr -t+tNA+E Or 1 Ris { r • 7 f - r 5 tC � r�. 8y r' f e:\exh a - chapter 16.16 - 2017-09-26 draft with council edits (unprotected).docx134 336 WhatCom County Farm Plan Planning Workbook: Checklist and Action Plan For use with the publication: Tips on Land and Water Management For: Land Owner Address Date 337 Introduction Conservation planning means different things to different people. Yet at its heart it is providing guidance to landowners to foster a healthy relationship between the environment and people. Our challenge is to help the hundreds of Whatcom County landowners protect certain areas of their community's critical areas, such as Critical Aquifer Recharge Areas, Wetlands, Frequently Flooded Areas, and Habitat Conservation Areas (e.g. streams, ponds and lakes). This conservation planning guidance empowers the individual by giving them the opportunity to understand the potential negative impacts of their agricultural activities and adopt best management practices that will harmonize their farm with the environment. We thank you for your anticipated responsible stewardship. Overview of Standard Farm Conservation Plan Process Ongoing agriculture activities are permitted within critical areas, and/or their buffers upon design and implementation of an approved farm conservation plan in accordance with the Whatcom County Critical Areas Ordinance (CAO). The goal of the Standard Farm Conservation Planning (SFCP) process is to protect certain critical areas and their associated buffers from the potential negative impacts of farming related activities through a simplified planning process. Regulated critical areas include: 1) Geologically Hazardous Areas 2) Frequently Flooded Areas 3) Critical Aquifer Recharge Areas 4) Wetlands 5) Habitat Conservation Areas (including streams, rivers, ponds and lakes). The scope of this guidance document is to address the protection of critical areas that contain open water, have saturated soils and/or areas that provide recharge to shallow aquifers. Aquifer recharge areas, streams, ditches, lakes, ponds and wetlands are the relevant regulated critical areas for CPAL. The following regulations are in place for these critical areas. Flexibility from these standards may be afforded through the farm plan process. Standard buffers for regulated critical areas are: Wetlands: 25 - 300 ft depending Non -fish bearing streams: 50 ft. Fish -bearing streams: 100 ft. Shoreline Streams: 150 ft. Lakes: 100 ft. Ponds: 50 ft. Marine Shorelines: 150 ft. on function, value and use. Requirements for Standard Farm Conservation Plans (SFCP) are described in the CAO at WCC 16.16.290 and Appendix A - Conservation Program on Agriculture Lands (CPAL). The plan includes basic information about the agricultural activities on the farm, a map of the property, a standard checklist designed to protect critical areas and water quality, and an action plan describing Best Management Practices (BMPs) to be implemented to protect critical areas. Completing this workbook will create a Farm Plan that meets the requirements of the CAO. Under State and Federal law, you must also protect against untreated water leaving your property, if it has been polluted by your agricultural activities. Whatcom County Farm Plan PL2-85-006A Page 2 of 13 September 2011 338 Step 1: Determination of Eligibility for Standard Farm Conservation Plan If you have livestock on property in Whatcom County, Step 1 will help you determine if this workbook is the proper pathway to ensure that your farm meets the requirements of Whatcom County's CAO (WCC 16.16). 1. Determine if your ongoing agricultural activities are within the boundary of a critical area. Maps identifying the general location and distribution of critical areas are available from Whatcom County PDS (360) 676-6907. These maps provide a general idea of if and where critical areas exist on your property. A site inspection by the Technical Administrator may be required to verify the actual presence and location of critical areas on your property. Standard buffer widths will need to be determined by the technical administrator. Contact PDS to assist in determining if critical areas occur on your property. You can view the maps online at: http://www.00.whatcom.wa.us/pds/planning/gisLgismap5Lcao. ❑ WCPDS has determined that there are no critical areas or their buffers on my farm and no water polluted by my agricultural activities is discharged to surface or groundwater. Stop here, you do not need a farm conservation plan. 2. Determine whether you may use Conservation Program on Agricultural Lands (CPAL). Only "ongoing agricultural" activities may make use of CPAL. Ongoing agricultural activities are typically associated with the production of crops and livestock. They do not include those activities that bring an area into agricultural use or are developed for use other than agriculture. Lands that have lain idle for over five years are not eligible. However, land enrolled in a Federal or State conservation program is considered ongoing agriculture. ❑ Agricultural activities presently occur and have occurred on my farm during the past five years. Continue on with this planning process. 3. Determine if you are a Low -impact Agricultural Operation. 1) Liquid manure application: Utilizing liquid manure as a fertilizer is an agricultural activity that presents greater challenges to management and planning because pollution to surface or groundwater can easily occur. If you are applying liquid manure, the SFCP is not adequate to bring your operation into compliance with the County's CAO. The Custom Farm Conservation Planning process is the proper path for CAO compliance if you want to use liquid manure as fertilizer. ❑ I do not capture, hold and apply liquid manure as a fertilizer on my farm. Continue on with the SFCP planning process. 2) Number of animal units per acre: Low impact operations cannot average more than one animal unit per one grazable acre (AU/Ac). Grazable acres include both pasture and hayland. The following worksheet will help you in determining your AU/Ac. Whatcom County Farm Plan Page 3 of 13 PL2-85-006A September 2011 339 Question 1: How many Animal Units do I have on my farm? TABLE 1 - AU Calculation A 0 A Livestock Dairy - Holstein cow Factor X X X X X X X X X X X X X X Number of Animals = = = = = = = = = = = = = TAU otaI 1.3 Dairy - Heifer, bred 1 Dairy - Heifer, rebred .4 Beef cow & calf 1.2 Beef - Feeder .7 Horse - (mature 1,200 lbs. 1.2 Horse - other: AU factor = lb. body weight /1000 Swine - Sow .5 Swine - Grower .2 Sheep ewe & Iamb .2 Llama .3 Duck .015 Layer .01 Fryer 1 .0071 Total Animal Units (AU) for Farm: NOTE: One acre equals 43,560 square feet. TABLE 2 - Converting square feet to Acres [— sq feet : _ 43,560 sq feet per acre = Acres Question 2: How many grazable acres do I have on my farm? TAB LE 3 - Grazable Acres Calculation Total Property Acres Categories Buildings minus minus Roads minus Other impervious surfaces minus Wetlands minus Streams & ditches minus Cropland where no manure applied) minus Woodlands Total Grazable Acres Ac Question 3: How many Animal Units per Grazable Acre (AU/Ac) do I have? TABLE 4 - AU/Ac Calculation Total Animal Units Table 1(Table Grazable Acres 2 _ - Animal Units per Grazable Acre Whatcom County Farm Plan PI-2-85-006A Page 4 of 13 September 2011 340 Step 2: Farm Plan Map A map is an important tool to help you develop an effective farm conservation plan. It starts with inventorying what you have and recording that information. It's your chance to get an overall picture of what is happening on your property and how land uses may affect critical areas on or near your property. You will use this map and knowledge of your farm to work through a series of questions that will help you evaluate your operation, identify potential risks to critical areas, and determine which BMPs are appropriate to ensure that critical areas are protected against the potential negative impacts of your ongoing agricultural activities. Inventory What You Have Be sure to identify an approximate scale (map distance to distance on ground, e.g. one inch to 100 feet) and a north arrow. Figure out what the length of your stride is and pace off some distances. Consult online county assessor property maps or property purchase documents to help you determine lot dimensions. In your sketch, note approximate locations of: • Property boundaries • Buildings • Wells (human, stock, and irrigation) • Septic system and drain field • Fences and confinement areas • Filter strips • Drains • Bare ground • Lawn, pasture, or crop land • Woodlands • Neighboring land uses • Flat or sloped ground • Roads • Critical areas and associated buffers Note that critical areas on neighboring parcels and their associated buffers may extend onto your property. These areas should be shown on your map as well. Please contact the WCPDS technical administrator for more information on the occurrence and distribution of critical areas on your property. By locating the components listed above, you will have a base map upon which to record locations of BMPs that you will determine are necessary, based on your Farm Review Worksheets (Step 3). Step 3: Farm Review Worksheets Now that you have developed a base map of your farm in Step 2, you can use the map and knowledge of your farm to work through a series of questions that will help you evaluate your operation, identify potential risks to critical areas, and determine which BMPs are appropriate to ensure that critical areas are protected from the potential negative impacts of your agricultural activities. Questions in the Worksheets are grouped into eight topic areas. The page numbers at the beginning of each topic area refers to the page numbers in the Tips on Livestock Management for Whatcom County Farms, available through Whatcom County Planning and Development Services and the Whatcom Conservation District, where more information can be found. You should record an answer to all questions with a yes, no or n/a (not applicable). Check "yes" only if all areas on your farm meet the question; check "no" if all areas do not meet the question; check "n/a" if the question does not apply to your farm. Farm Review Worksheets are only considered complete when you have answered all of the questions with either a "'Yes", "No", or "N/A" response. Whatcom County Farm Plan PL2-85-006A Page 5 of 13 September 2011 341 Step 4: Action Plan Once you have answered the questions, fill out the Action Plan form at the end of the questions for all questions for which you answered 'ono". Indicate, in the space provided, what BMP you plan to implement and the date by which it will be implemented. Refer to the timeframe indicated for each question. Submission of the worksheets, action plan, site map and submittal form constitutes a complete Farm Plan application which will then be reviewed for approval by the WCPDS Technical Administrator. Whatcom County Farm Plan PL2-85-006A Page 6 of 13 September 2011 342 Checklist SYSTEM SITING AND MANAGEMENT Tips Guide Pages 3-4 FARM BUILDINGS 1) Are all existing barns and impervious surfaces sited to prevent manure, pathogens, sediment and other contaminants from entering all rivers, streams, ditches, ponds, lakes and associated wetlands? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct on -going pollution discharges should be installed immediately and structural practice(s) should be installed prior to fall rains but no later than October 1st. 2) Is roof runoff managed so that it does not result in ponding and/or channeling in confinement areas, and/or contribute to the discharge of nutrients, sediment, pathogens and other contaminants to streams and ditches? Yes ❑ No ❑ Not Applicable E] If No, practice(s) to correct this problem should be installed prior to the next wet season but no later than October 1st. Tips Guide Pages 5-6 LIVESTOCK CONFINEMENT AREAS 3) Is surface runoff from outside of livestock confinement areas (areas such as fields, hillsides, driveways and roads) managed so that it does not result in ponding and/or channeling and/or contribute to the discharge of nutrients, sediment, pathogens and other contaminants to streams and ditches? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be installed prior to the next wet season but no later than October 1'. 4) Is there an approved BMP or a permanent strip of grass that is at least the width of the livestock confinement area, but not less than 50 feet established between the livestock confinement area and all rivers, streams, ditches, ponds, lakes and associated wetlands? Yes ❑ No ❑ Not Applicable ❑ If no, practices(s) to correct this problem should begin immediately by excluding livestock from the area where the filter strip will be established. The filter strip should be planted, if necessary, as soon as growing conditions are appropriate. All practices should be installed prior to the next wet season and no later than October 1st. 5) Are all catch basins, drains, tiles, pipes and other conveyances of surface and ground water that outlet to streams and ditches installed in a manner that prevents the entry of manure, pathogens, sediment and other contaminants? Yes ❑ No ❑ Not Applicable ❑ If no, practice to correct this problem should be installed immediately. 6) Is the entire livestock confinement area managed to prevent manure, pathogens, sediment and other contaminants from entering any stream or ditch? Yes ❑ No ❑ Not Applicable ❑ If no, practice to correct this problem should be installed immediately. Whatcom County Farm Plan PL2-85-006A Page 7 of 13 September 2011 343 MANURE COLLECTION, STORAGE & USE Tips Guide pages 8-9 MANURE STORAGE 7) Is manure storage capacity sufficient to store manure and other wastes until they can be safely spread as fertilizer? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be installed prior to the next wet season but no later than October 1st. 8) Is manure stored at least 100 feet from all wells, rivers, streams, ditches, ponds, lakes and associated wetlands? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be installed prior to the next wet season but no later than October 1st. 9) Are outdoor manure piles completely covered from October 1s' to April 1st? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be installed immediately. 10) Is manure handled and stored in a way that prevents nutrients, pathogens, sediment and other contaminants from entering streams and ditches? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be installed immediately. FIELD APPLICATION OF SOLID MANURE 11) Is manure applied in a manner and is application timed to prevent pollution of streams and ditches and/or groundwater? Are the following practices observed? • No applications when soils are saturated. • No applications that exceed crop nutrient requirements. • No applications when fields are frozen and/or snow covered. • No applications October 1st - March 151h on fields subject to flooding. • No applications within 100 feet of streams and ditches September 1st through March 151h. • No applications within 25 feet of streams and ditches March 15h through September 1st, and then only if a buffer strip is present. Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be installed immediately. 12) Is manure applied in a manner and is application timed to prevent pollution of streams and ditches and/or groundwater? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be installed immediately. PASTURE MANAGEMENT Tips Guide Pages 10-13 SEASONAL FEEDING AREAS 13) Is all feeding (whether placed on the ground or in feed bunks, hay rings etc.) done at least 100 feet from rivers, streams, ditches, ponds, lakes and associated wetlands? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be installed immediately. 14) Are 100 foot wide buffer strips established and maintained between seasonal feeding areas and streams and ditches from October 1s' - March 30th7 Yes ❑ No ❑ Not Applicable ❑ Whatcom County Farm Plan P1-2-85-006A Page 8 of 13 September 2011 344 If No, practice(s) to correct this problem should begin immediately by excluding livestock from the area where the filter strip will be established. The filter strip should be planted, if necessary, as soon as growing conditions are appropriate (questions 23-25 describe minimum requirements for plant growth and management in filter strips), and should be established no later than the next wet season or October 1st. 15) Is manure in seasonal feeding areas distributed over the site such that no area receives more manure nutrients than the fertilizer needs of the next year's crop? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be installed immediately. PASTURE AND HAYLAND AREAS 16) Are livestock managed in a way that prevents trampling of river, stream, pond and lake banks and bottoms and associated wetlands? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be installed immediately. 17) Are 50 foot wide buffer strips established and maintained along all streams and ditches crossing through and/or adjacent to pastures and haylands? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should begin immediately by excluding livestock from the area where the filter strip will be established. The filter strip should be planted, if necessary, as soon as growing conditions are appropriate (questions 18-20 describe minimum requirements for plant growth and management in filter strips), and should be established no later than the next wet season or October 1st. 18) Is the minimum forage height within the 50 foot wide buffer strip at least 3 inches in height from October 1st through March 15th7 Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should begin immediately by excluding livestock from the area where the filter strip will be established. The filter strip should be planted, if necessary, as soon as growing conditions are appropriate (questions 18-20 describe minimum requirements for plant growth and management in filter strips), and should be established no later than the next wet season or October 1st. 19) Are pastures managed so that after most forage has been grazed, they have time to grow to a height of 4 to 6 inches before they are grazed/harvested again? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be applied over the next 2 years. 20) Are pastures and haylands mostly covered (at least 75%) with suitable forages for grazing livestock? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be applied over the next 2 years. 21) Does your property contain grass -lined swales and depressions that lack a defined channel or bed, but that also carry seasonal runoff water to interconnecting ditches and streams? If yes, are livestock only pastured in the swales and depressions from the point in the spring when water no longer runs through them until September 301h7 Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be applied immediately. Whatcom County Farm Plan Page 9 of 13 PL2-85-006A September 2011 345 22) In pastures, are all gates, access roads and lanes, watering facilities, supplemental feeding and other heavy use areas located to prevent nutrients, pathogens, sediment and other contaminants from entering streams and ditches? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be applied immediately. RIPARIAN & WETLAND AREAS Tips Guide Pages 14 and 15 RIPARIAN AREA MANAGEMENT 23) Are livestock excluded from rivers, streams, ditches, ponds and lakes (except as provided in next question)? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be applied immediately. 24) Are instream crossings for livestock and machinery constructed and managed to prevent and control sediment and manure discharge to the watercourse? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be applied immediately. 25) Is existing native woody vegetation growing within critical area buffers of streams and ditches protected from damage caused by livestock or human related activity? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be applied immediately. 26) Are the banks of watercourse free from damage that results in exposed soil or bank slumping resulting from recreational use, farm equipment, or hoof action of livestock? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be applied immediately. Tips Guide Pages 16 and 17 WETLANDS MANAGEMENT 27) Are livestock excluded from wetlands that directly connect to rivers, streams, ditches, ponds and lakes, and are nutrients, pathogens, sediment and other contaminants prevented from entering them? (Note: This requirement may be relaxed if an approved SFCP is developed and implemented as described in WCC16.16.290 CPAL and Appendix A) Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be applied immediately. 28) Are livestock excluded from wetlands that are isolated from rivers, streams, ditches, ponds and lakes, and are nutrients, pathogens, sediment and other contaminants prevented from entering them? (Note: This requirement may be relaxed if an approved SFCP is developed and implemented as described in WCC16.16.290 CPAL and Appendix A) Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be applied immediately. 29) Are the functions of wetlands maintained by not filling, draining, grading or clearing them and by not introducing nutrients, pathogens, sediment and other contaminants? Yes ❑ No ❑ Not Applicable ❑ If No, practice(s) to correct this problem should be applied immediately. Whatcom County Farm Plan P1-2-85-006A Page 10 of 13 September 2011 346 CL 0 o C p L rw O N -a •n � C ■ 1 f0 V N -a a6�fA V) o4-j� cv L O f6 O c, LL c Z Y-. ^O Y o .- CD al �p U ❑ 4) 4) a` ❑ a E W m 0 Of LL cn 0 a W 0 I. i 'v a 0 c o � r m� C 40 Z � Q W Q- 0 CY Z M ri 0 O O N L rl N aw E rn ai a a a� V) m a E m LL Z, c U� E� 0 OLn fY0 °J L J ?i a 0 5� 4W 0i E w cm fa C m 0 L L u 347 f U V) C CO ro w tT ro L to U 0 � � A 3 O (n O O O — C O C N cr = to N N N N N - L O 4- 'O � c L O ro O LT LL C N LU U M u a c� a Z W U APO M C � O.� X �i V C m 0 Z E v CL LL1 CY 0 c a E LL U%D EO O u Ln �00 L N d Standard Farm Conservation Plan Checklist Submittal Form Ongoing agriculture activities are permitted within critical areas, and/or their buffers upon implementation of an approved farm conservation plan in accordance with WCC 16.16.290. The goal of this Plan is to protect critical areas from the potential negative impacts of livestock where the animal density is less than or equal to one animal unit per acre. (AU/Ac). Name of Farm: Land Owner: Physical Address: APN#: City/Zip Code: Mailing Address: City/State/Zip Code: Phone: ( ) - Person Responsible: Total Farm Acreage: Fax: ( ) - Title: Animal Units per Acre (AU/Ac): I understand that this application does not grant authorization to begin work and does not imply approval of the submitted Farm Plan. Furthermore, no work will begin until a permit/authorization is issued. The critical areas and management zones depicted on farm plans are approximate and are not appropriate for siting new structures and permanent infrastructure. The information contained in the Worksheets, Site Map and Submittal Form is true and accurate to the best of my knowledge. Signature: For agency use: This plan was developed in cooperation with ❑ Consultant Signature: Date: ❑ Conservation District Date: This plan was approved by the Planning & Development Services Staff: Signature: Whatcom County Farm Plan PI-2-85-006A Date: Page 13 of 13 September 2011 349 WHATCOM COUNTY ��,,, cv� David Stalheim Planning & Development Services O m; Director 5280 Northwest Drive, Bellingham, WA 98226-9097 J.E "Sam" Ryan 360-676-6907, TIY 800-833-6384 4 W Assistant Director 360-738-2525 Fax Planning and Development Services Policy Subject/Title: Conservation Program on Agriculture Land (CPAL) — Animal Threshold, Resource Priority Number: PL1-85-004Z Effective Date: 05/06/10 Submitted By: Peter Gill, Senior Planner Reviewed By: Natural Resources/Long Rannp Planning Approved By: David Stalheim, Directo Statement: This Administrative Procedure describes livestock operations that are deprioritized for farm conservation planning. This procedure applies to landowners that do not exceed the number of animals set forth below, have at least three grazable acres, and manage their animals to avoid a direct discharge of sediment or fecal matter to surface waters. (1) Cow, or (1) Horse, or (2) Sheep or Iamb, or (2) Alpacas, or (2) Non -breeding Pigs, or (2) Goats, or (20) Ducks or Geese, or (30) Chickens. Rationale: Experience implementing farm plans has shown that with very few animals the anticipated impacts to critical areas are so negligible that a farm plan may not be necessary to protect existing functions and conditions. If there is a direct discharge to surface waters, a farm plan is required regardless of the number of livestock on the property. Indicators of direct discharge can include de -vegetated riparian area, unfenced access to a stream, animal confinement area adjacent to surface waters. There is no multiplier for acreage; this is not an animal per acre threshold. Even if the animals are grazed on 100 acres, they are most often fed, sheltered, and cared for in one central location. Grazable acres include both pasture and hayland, as described in the Whatcom County Standard Farm Conservation Planning Workbook. A land owner that does not have critical areas on their property does not require a farm plan. A property owner that keeps agricultural activities out of the standard Critical Area buffers does not require a farm plan. P U �jCPAL-Animal Threshold, Resource Priority Page 1 of 1 RL'=004Z May 2010 From: Mark Persomus To: Cliff Strong Cc: Rovice_Buckinaham Subject: FW: Proposal to the National Socio -Environmental Synthesis Center Date: Tuesday, October 10, 2017 10:18:35 AM Attachments: ATT00001.on❑ Cliff, This is email thread confirming our (PDS) participation in the Nooksack-Fraser Transboundary Nitrogen Study. Should this be included in the record? From: Jill Baron [mailto:jill.baron@colostate.edu] Sent: Thursday, September 28, 2017 8:01 AM To: David Hooper; Mark Personius Subject: Re: Proposal to the National Socio- Environmental Synthesis Center Dear Mark, Let me echo that. Thanks - we think this will be very stimulating and help give the Nooksack-Fraser Transboundary nutrient management issues a broad perspective. It may even suggest ways we hadn't thought of before for better management. I have to fill out a particpant spread sheet, and they ask for primary and secondary areas of expertise May I list yours as planning and development (for primary) and something else for secondary? If not, please suggest something else. Dave, I'll need this for you, too. Ecosystem ecology? Biogeochemistry? Nascent community activist? thanks, jill On 9/27/17 2:15 PM, David Hooper wrote: Hi Mark, I got your phone message. Great! So glad you are going to join this effort. You input will really help us get a good handle on the policy background in Washington State. I also enjoyed your talk at 626 last week. That whole meeting was very informative, I thought. All the best, Dave From: Mark Personius [mailto:MPerson'(@-co_whatcom.vva.us] Sent: Wednesday, September 27, 2017 11:53 AM To: David Hooper <0avid±ljo_Werf@wwu.edu> Subject: RE: Proposal to the National Socio-Environmental Synthesis Center 351 Hi Dave, Enjoyed your presentation at the 6213 Symposium last week. I would be happy to participate in the Transboundary workshop proposal. Just let me know if you need anything. Thanks, Mark Mark Personius Assistant Director Whatcom County Planning & Development Services 5280 Northwest Drive Bellingham, WA 98226 P. 360.778.5950 Disclaimer: The Information contained in all correspondence with a government entity may be disclosoble to third party requesters under the Public Records Act (RCW 42.56). From: David Hooper [maiIto: David.HaQIer(c)wVQ.QdU Sent: Monday, September 25, 2017 2:56 PM To: Mark Personius Subject: Proposal to the National Socio-Environmental Synthesis Center Hi Mark, I just left you a long message on your voice mail about an integrated science and policy research proposal that I'm working on with several colleagues. It is focused on nitrogen management in the Nooksack-Lower Fraser Transboundary region of BC and Whatcom County. Given your involvement with relevant policies in Washington (GMA, CAC, etc.), we thought your expertise could be very valuable. The proposal is to the National Socio-Environmental Synthesis Center (SESYNC) and would fund one 5-day workshop in the Fall of 2018. Is this something you might be able to participate in? I can give you more details over the phone, and email a draft of the proposal, if you are interested. We're on a fairly short timeline, so if you're able to get back to me to discuss this in the next couple of days, that would be helpful. Thanks very much, Dave Hooper 352 David Hooper Professor Dept. of Biology Western Washington University Bellingham, WA 98225-9160 Ph: (360) 6SO-3649 Fax: (360) 650-3148 r Jill S. Baron Co -Director — John Wesley Powell Center for Analysis and Synthesis Director — North American Nitrogen Center US Geological Survey, fill Uaron@usos - goy Natural Resource Ecology Laboratory Colorado State University Fort Collins Co 80523-1499 office 970-491-1968 cell 970-217-8949 Scientists have often been wrong, but nothing has propelled our world forward more successfully or rapidly than the scientific method, based as it is on independent inquiry and a reliance ❑n data that can be observed, tested, analyzed, and repeated. -Michael Specter, 2017. ��7 WUATrO41r rnrrwTV rOITNrTL AGENDA RILL NO. 2017 - 300 CLEARANCES Initial Date Date Received in Council O ace Agenda Date Assigned to: Council 10/9/2017 10/10/2017 COTW Originator: 10/24/2017 COTW Division Head Dept. Head: Prosecutor: Purchasin /Bud et: Executive: TITLE OF DOCUMENT. Resolution establishing a Homeless Stratagies Workgroup ATTACHMENTS: SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) COMMITTEE ACTION: COUNCIL ACTION. 10/10/2017: Discussed. Councilmembers to submit feedback to Clerk 10/10/2017: Discussed. Councilmembers to submit of the Council feedback to Clerk of the Council. 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. 354 PROPOSED BY: Buchanan, Donovan, and Browne INTRODUCTION DATE: RESOLUTION NO. ESTABLISHING A HOMELESS STRATEGIES WORKGROUP WHEREAS, like many counties throughout the Pacific Northwest, Whatcom County has seen a significant increase in homeless and unsheltered individuals; and WHEREAS, despite current efforts to end homelessness, the 2017 Whatcom County Point in Time Count identifies that 742 individuals are homeless, up from 719 in 2016 and 651 in 2015; and WHEREAS, addressing homelessness is a complex issue requiring many partners and a variety of solutions; and WHEREAS, large numbers of people without homes or secure access to housing endangers the health, safety, and welfare of the people, individuals, families, and children, and poses a threat to the environment and economic health of the community, and WHEREAS, Whatcom County, through its Health Department, facilitates community wide planning, updates and oversees implementation of the Plan to End Homelessness, conducts the Point in Time Count, and provides housing and service related advocacy on behalf of people experiencing homelessness; and WHEREAS, Whatcom County partners with a number of agencies to provide access to safe and secure housing and shelter facilities including, but not limited to, its recent partnership with the Opportunity Council and Northwest Youth Services to assist in operating 22 North, a 40-unit apartment complex for homeless veterans, youth, and other homeless individuals; and WHEREAS, in October 2016, Lighthouse Mission Ministries (LMM) volunteered to help address the growing crisis by opening a day center and night shelter serving 130 people per night on one of LMM's properties in Old Town; and WHEREAS, site and facility in Old Town was not designed for this use and is not suitable for the long-term use as a night shelter; and WHEREAS, impacts to the surrounding neighborhood associated with the interim location are increasing and the need to identify a permanent location is essential; and WHEREAS, while Whatcom County remains committed to long-term and preventative solutions, the community needs decisive action to prevent further suffering and requires collaborative solutions to address this acute crisis; and WHEREAS, solutions require participation from all local governments and many agencies in order to alleviate this acute crisis. NOW, THEREFORE, BE IT RESOLVED, that the Whatcom County Council establishes an ad hoc Homeless Strategies Workgroup ("workgroup"). BE IT FURTHER RESOLVED that the workgroup's purpose is to identify approximately two to three alternative solutions to living unsheltered in Whatcom County, with priority given to solutions that can be initiated to prevent people from having no other option than to sleep outside as the weather gets cold. 355 BE IT FURTHER RESOLVED that the workgroup shall be made up of: • Whatcom County Executive or Designee • City of Bellingham Mayor or Designee • Two Whatcom County Council Members • Two Bellingham City Council Members • Representative from the Downtown Bellingham Partnership • Representative from the Opportunity Council • Representative from Northwest Youth Services • Representative from Lighthouse Mission Ministries BE IT FINALLY RESOLVED that: • Meetings of the workgroup shall be open and accessible to the public and shall be subject to the Open Public Meetings Act. • The workgroup shall determine its own meeting schedule, but shall attempt to complete its work as expeditiously as possible. • Written and audio records of meetings, resolutions, findings, and recommendations shall be kept and such records shall be public. APPROVED this day of ATTEST: Dana Brown Davis, Clerk of the Council APPROVED AS TO FORM: Civil Deputy Prosecutor 2017. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 356 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-262B CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Randy Rydel RR 9111117 Ir lc� � `VI E D SEP 19 2017 WHATCOMCOUNTY COUNCIL 9126117 Introduction Division Head: 10124117 Hearing Dept. Head: Jon Hutchings l j7 Prosecutor: Dan Gibson / pg/l� `,7 Purchasing/Budget: 9 , Brad Bennet Executive: any Jack Louws INS TITLE OF D T. Resolution confirming the assessment roll for the Emerald Lake Lighting District #7 and remanding the roll to the county treasurer for collection ATTACHMENTS: Resolution and reassessed roll. SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( x) Yes ( ) NO SEPA review completed? ( ) Yes ( X) 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.) Resolution 2017-038 set aside the current assessment roll for the Emerald Lake Lighting District #7, dated November 19th, 1987, and directed Public Works to complete a roll reassessment. As the roll reassessment has been completed, the council, acting as the Board of Equilization, is requested to confirm the assessment as just and equitable after a public hearing on October M4, 2017. The Emerald Lake Lighting District pays the electrical bill for street lights within the district. Rising electrical costs have finally exceeded the annual assessment allowed under the 1987 rate cap. The re -assessment will establish a new rate cap allowing for continued full payment of the electrical bills in 2018 and beyond. 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, 357 PROPOSED BY: Public Works INTRODUCTION DATE: 9/26/2017 RESOLUTION NO CONFIRMING THE ASSESSMENT ROLL FOR PROPERTY WITHIN THE BOUNDARIES OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 7 (EMERALD LAKE LIGHTING DISTRICT) AND REMANDING ROLL TO THE COUNTY TREASURER FOR COLLECTION WHEREAS, on September 12, 2017, the Whatcom County Council approved Resolution #2017-038, authorizing the preparation of a reassessment roll for property within the boundaries of Whatcom County Road Improvement District No. 7 (Emerald Lake Lighting District); and WHEREAS, on September 26, 2017, the Whatcom County Council accepted said reassessment roll; and WHEREAS, the Whatcom County Council did determine that the proposed assessment roll is equitable and just under the conditions prevailing. NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council, acting as the County Board of Equalization, confirms the assessment roll as follows: The first annual maintenance assessment shall be based upon a Whatcom County Department of Public Works fee of $2.00 per account per year and the rate of $8.50 per parcel. The second and each succeeding annual assessments will be based on a Whatcom County Department of Public Works fee of $2.00 per account per year and the actual cost of maintenance and power charges of Puget Sound Energy, but shall not exceed $20.00 per parcel. Prior to the second and each succeeding annual maintenance assessment, a budget for Whatcom County Road Improvement District No. 7 shall be submitted to the Whatcom County Executive for approval. BE IT FURTHER RESOLVED that the Whatcom County Council, acting as the County Board of Equalization, hereby certifies the reassessment roll, as outlined in Exhibit A to this Page 2 358 resolution, and remands same to the Treasurer for collection. APPROVED this day of , 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council APPROVED AS TO FORM: Barry Buchanan, Council Chair �� -/. A�'� Daniel L. Gibson, Chief Civil Deputy Prosecutor Page 3 359 EXHIBIT A Road Improvement District No. 7 (Emerald Lake Lighting) 2017 Assessment Roll As of September 18, 2017 (Basis= per lot) # prop_id geoid NAME Dist -Class Dist_Seq Basis 1 56744 3803103691010000 Emerald Lake_Lighting 84 210 1.00 2 56746 3803103720680000 EmeraldLake_Lighting 84 210 1.00 3 56747 3803103730320000 EmeraldLake_Lighting 84 210 1.00 4 56750 3803103731220000 EmeraldLake_Lighting 84 210 1.00 5 567513803103740230000 EmeraldLake_Lighting 84 210 1.00 6 56752 3803103741080000 EmeraldLake_Lighting 84 210 1.00 7 56754 3803103750400000 EmeraldLake_Lighting 84 210 1.00 8 56755 3803103750860000 EmeraldLake_Lighting 84 210 1.00 9 56756 3803103760490000 EmeraldLake_Lighting 84 210 1.00 10 56757 3803103760570000 EmeraldLake_Lighting 84 210 1.00 11 567613803103800720000 EmeraldLake_Lighting 84 210 1.00 12 56763 3803103840280000 EmeraldLake_Lighting 84 210 1.00 13 56765 3803103851250000 EmeraldLake_Lighting 84 210 1.00 14 56768 3803103900160000 EmeraldLake_Lighting 84 210 1.00 15 56770 3803103900980000 EmeraldLake_Lighting 84 210 1.00 16 56773 3803103920370000 EmeraldLake_Lighting 84 210 1.00 17 174715 3803103920490000 EmeraldLake_Lighting 84 210 1.00 18 56774 3803103921250000 EmeraldLake_Lighting 84 210 1.00 19 56776 3803103940040000 Emerald Lake_Lighting 84 210 1.00 20 56778 3803103950880000 EmeraldLake_Lighting 84 210 1.00 21 56779 3803103980970000 EmeraldLake_Lighting 84 210 1.00 22 567813803103990440000 Emeraldlake_Lighting 84 210 1.00 23 56782 3803103990580000 EmeraldLake_Lighting 84 210 1.00 24 56783 3803103991250000 EmeraldLake_Lighting 84 210 1.00 25 56787 3803104010900000 EmeraldLake_Lighting 84 210 1.00 26 56788 3803104020680000 EmeraldLake_Lighting 84 210 1.00 27 56789 3803104030750000 EmeraldLake_Lighting 84 210 1.00 28 56790 3803104040520000 EmeraldLake_Lighting 84 210 1.00 29 567913803104060220000 EmeraldLake_Lighting 84 210 1.00 30 56793 3803104060600000 EmeraldLake_Lighting 84 210 1.00 31 56795 3803104080790000 EmeraldLake_Lighting 84 210 1.00 32 56797 3803104110940000 EmeraldLake_Lighting 84 210 1.00 33 56798 3803104111100000 Emerald Lake_Lighting 84 210 1.00 34 56800 3803104120670000 Emerald Lake_Lighting 84 210 1.00 35 568013803104130120000 Emerald Lake_Lighting 84 210 1.00 36 56802 3803104140870000 EmeraldLake_Lighting 84 210 1.00 37 56803 3803104151010000 EmeraldLake_Lighting 84 210 1.00 38 56804 3803104160360000 EmeraldLake_Lighting 84 210 1.00 39 56805 3803104160720000 EmeraldLake_Lighting 84 210 1.00 Page 1 of 10 360 EXHIBIT A 40 56808 3803104171400000 EmeraldLake_Lighting 84 210 1.00 41 568113803104190040000 EmeraldLake_Lighting 84 210 1.00 42 56813 3803104220230000 EmeraldLake_Lighting 84 210 1.00 43 56814 3803104220830000 EmeraldLake_Lighting 84 210 1.00 44 568213803104260350000 EmeraldLake_Lighting 84 210 1.00 45 56822 3803104280530000 Emerald Lake_Lighting 84 210 1.00 46 56823 3803104280660000 Emerald Lake_Lighting 84 210 1.00 47 56827 3803104350520000 EmeraldLake_Lighting 84 210 1.00 48 56828 3803104350860000 EmeraldLake_Lighting 84 210 1.00 49 56838 3803104380030000 EmeraldLake_Lighting 84 210 1.00 50 56839 3803104380210000 EmeraldLake_Lighting 84 210 1.00 51 568413803104400690000 EmeraldLake_Lighting 84 210 1.00 52 56848 3803104430460000 EmeraldLake_Lighting 84 210 1.00 53 56849 3803104430870000 EmeraldLake_Lighting 84 210 1.00 54 568513803104440080000 EmeraldLake_Lighting 84 210 1.00 55 56859 3803104470560000 EmeraldLake_Lighting 84 210 1.00 56 56862 3803104480420000 Emerald Lake_Lighting 84 210 1.00 57 56873 3803104500210000 EmeraldLake_Lighting 84 210 1.00 58 56876 3803104521010000 EmeraldLake_Lighting 84 210 1.00 59 56878 3803104540360000 EmeraldLake_Lighting 84 210 1.00 60 56882 3803104550540000 EmeraldLake_Lighting 84 210 1.00 61 56883 3803104550800000 EmeraldLake_Lighting 84 210 1.00 62 56885 3803104570100000 EmeraldLake_Lighting 84 210 1.00 63 56892 3803104600730000 EmeraldLake_Lighting 84 210 1.00 64 174716 3803104620300000 Emerald Lake_Lighting 84 210 1.00 65 56898 3803104620490000 Emerald Lake_Lighting 84 210 1.00 66 56907 3803104660660000 Emerald Lake_Lighting 84 210 1.00 67 569113803104670860000 Emerald Lake_Lighting 84 210 1.00 68 56912 3803104680450000 EmeraldLake_Lighting 84 210 1.00 69 56913 3803104681040000 EmeraldLake_Lighting 84 210 1.00 70 56920 3803104721160000 EmeraldLake_Lighting 84 210 1.00 71 56922 3803104730230000 EmeraldLake_Lighting 84 210 1.00 72 56923 3803104730620000 EmeraldLake_Lighting 84 210 1.00 73 56924 3803104730780000 EmeraldLake_Lighting 84 210 1.00 74 56925 3803104750060000 EmeraldLake_Lighting 84 210 1.00 75 56926 3803104750400000 EmeraldLake_Lighting 84 210 1.00 76 56927 3803104751020000 EmeraldLake_Lighting 84 210 1.00 77 56932 3803104780590000 Emerald Lake_Lighting 84 210 1.00 78 56935 3803104790740000 Emerald Lake_Lighting 84 210 1.00 79 56937 3803104801220000 EmeraldLake_Lighting 84 210 1.00 80 569413803104830210000 EmeraldLake_Lighting 84 210 1.00 81 56942 3803104830980000 EmeraldLake_Lighting 84 210 1.00 82 56943 3803104831400000 EmeraldLake_Lighting 84 210 1.00 83 56944 3803104850700000 EmeraldLake_Lighting 84 210 1.00 Page 2 of 10 361 EXHIBIT A 84 56946 3803104860540000 Emerald Lake_Lighting 84 210 1.00 85 56950 3803104870060000 EmeraldLake_Lighting 84 210 1.00 86 56952 3803104890320000 EmeraldLake_Lighting 84 210 1.00 87 56956 3803104911270000 EmeraldLake_Lighting 84 210 1.00 88 56957 3803104920650000 EmeraldLake_Lighting 84 210 1.00 89 56958 3803104921440000 Emerald Lake_Lighting 84 210 1.00 90 56962 3803104930530000 EmeraldLake_Lighting 84 210 1.00 91 56964 3803104940870000 EmeraldLake_Lighting 84 210 1.00 92 56966 3803104951540000 EmeraldLake_Lighting 84 210 1.00 93 56970 3803104990960000 EmeraldLake_Lighting 84 210 1.00 94 56972 3803105000610000 EmeraldLake_Lighting 84 210 1.00 95 56980 3803105050460000 EmeraldLake_Lighting 84 210 1.00 96 569813803105060100000 Emerald Lake_Lighting 84 210 1.00 97 56982 3803105060820000 Emerald Lake_Lighting 84 210 1.00 98 56983 3803105061030000 EmeraldLake_Lighting 84 210 1.00 99 56987 3803105080560000 EmeraldLake_Lighting 84 210 1.00 100 56989 3803105100250000 EmeraldLake_Lighting 84 210 1.00 101 569913803105120760000 EmeraldLake_Lighting 84 210 1.00 102 56992 3803105140520000 EmeraldLake_Lighting 84 210 1.00 103 56993 3803105140960000 EmeraldLake_Lighting 84 210 1.00 104 56994 3803105141050000 EmeraldLake_Lighting 84 210 1.00 105 56996 3803105150400000 EmeraldLake_Lighting 84 210 1.00 106 56998 3803105160180000 EmeraldLake_Lighting 84 210 1.00 107 56999 3803105171610000 EmeraldLake_Lighting 84 210 1.00 108 57000 3803105180720000 Emerald Lake_Lighting 84 210 1.00 109 57003 3803105190910000 EmeraldLake_Lighting 84 210 1.00 110 57007 3803105200490000 EmeraldLake_Lighting 84 210 1.00 111 57009 3803105220680000 EmeraldLake_Lighting 84 210 1.00 112 57010 3803105230370000 EmeraldLake_Lighting 84 210 1.00 113 570113803105230860000 EmeraldLake_Lighting 84 210 1.00 114 57015 3803105250150000 EmeraldLake_Lighting 84 210 1.00 115 57016 3803105261160000 EmeraldLake_Lighting 84 210 1.00 116 57018 3803105270440000 EmeraldLake_Lighting 84 210 1.00 117 57019 3803105271590000 EmeraldLake_Lighting 84 210 1.00 118 570213803105280630000 EmeraldLake_Lighting 84 210 1.00 119 57022 3803105291340000 EmeraldLake_Lighting 84 210 1.00 120 57023 3803105300800000 EmeraldLake_Lighting 84 210 1.00 121 57025 3803105311230000 Emerald Lake_Lighting 84 210 1.00 122 57026 3803105320190000 Emerald Lake_Lighting 84 210 1.00 123 57027 3803105321300000 Emerald Lake_Lighting 84 210 1.00 124 57034 3803105340580000 EmeraldLake_Lighting 84 210 1.00 125 57037 3803105360760000 EmeraldLake_Lighting 84 210 1.00 126 57038 3803105361030000 EmeraidLake_Lighting 84 210 1.00 127 57039 3803105361090000 EmeraldLake_Lighting 84 210 1.00 Page 3 of 10 362 EXHIBIT A 128 57040 3803105371560000 EmeraldLake_Lighting 84 210 1.00 129 570413803105381470000 EmeraldLake_Lighting 84 210 1.00 130 57042 3803105390220000 EmeraldLake_Lighting 84 210 1.00 131 57043 3803105390540000 EmeraldLake_Lighting 84 210 1.00 132 57045 3803105420710000 EmeraldLake_Lighting 84 210 1.00 133 57046 3803105430250000 EmeraldLake_Lighting 84 210 1.00 134 57047 3803105440500000 EmeraldLake_Lighting 84 210 1.00 135 57048 3803105440970000 EmeraldLake_Lighting 84 210 1.00 136 57049 3803105451460000 EmeraldLake_Lighting 84 210 1.00 137 57050 3803105480280000 EmeraldLake_Lighting 84 210 1.00 138 570513803105481170000 EmeraldLake_Lighting 84 210 1.00 139 57052 3803105491330000 EmeraldLake_Lighting 84 210 1.00 140 57053 3803105500690000 EmeraldLake_Lighting 84 210 1.00 141 57054 3803105501260000 EmeraldLake_Lighting 84 210 1.00 142 57055 3803105501390000 EmeraldLake_Lighting 84 210 1.00 143 57057 3803105511540000 EmeraldLake_Lighting 84 210 1.00 144 57059 3803105520310000 EmeraldLake_Lighting 84 210 1.00 145 57060 3803105521060000 EmeraldLake_Lighting 84 210 1.00 146 570613803105530970000 EmeraldLake_Lighting 84 210 1.00 147 57062 3803105570340000 Emerald Lake_Lighting 84 210 1.00 148 57063 3803105590420000 Emerald Lake_Lighting 84 210 1.00 149 57064 3803105591570000 Emerald Lake_Lighting 84 210 1.00 150 57066 3803105610480000 EmeraldLake_Lighting 84 210 1.00 151 57068 3803105620720000 Emerald Lake_Lighting 84 210 1.00 152 57070 3803110021230000 EmeraldLake_Lighting 84 210 1.00 153 570713803110031000000 EmeraldLake_Lighting 84 210 1.00 154 57075 3803110051540000 EmeraldLake_Lighting 84 210 1.00 155 57078 3803110061360000 Emerald Lake_Lighting 84 210 1.00 156 57080 3803110080470000 EmeraldLake_Lighting 84 210 1.00 157 57093 3803110111630000 Emerald Lake_Lighting 84 210 1.00 158 57094 3803110120500000 Emerald Lake_Lighting 84 210 1.00 159 173693 3803110120800000 Emerald Lake_Lighting 84 210 1.00 160 57098 3803110170530000 Emerald Lake_Lighting 84 210 1.00 161 571013803110181290000 Emerald Lake_Lighting 84 210 1.00 162 57102 3803110181600000 Emerald Lake_Lighting 84 210 1.00 163 57109 3803110220570000 Emerald Lake_Lighting 84 210 1.00 164 57110 3803110241000000 EmeraldLake_Lighting 84 210 1.00 165 571113803110241650000 Emerald Lake_Lighting 84 210 1.00 166 57117 3803110270590000 EmeraldLake_Lighting 84 210 1.00 167 57118 3803110270900000 Emerald Lake_Lighting 84 210 1.00 168 57120 3803110291180000 EmeraldLake_Lighting 84 210 1.00 169 57122 3803110320630000 EmeraldLake_Lighting 84 210 1.00 170 57123 3803110321040000 Emerald Lake_Lighting 84 210 1.00 171 57124 3803110321650000 EmeraldLake_Lighting 84 210 1.00 Page 4 of 10 363 EXHIBIT A 172 57128 3803110370660000 EmeraldLake_Lighting 84 210 1.00 173 571313803110391690000 Emerald Lake_Lighting 84 210 1.00 174 57132 3803110420690000 EmeraldLake_Lighting 84 210 1.00 175 57135 3803110441170000 EmeraldLake_Lighting 84 210 1.00 176 57136 3803110461670000 EmeraldLake_Lighting 84 210 1.00 177 57137 3803110470710000 EmeraldLake_Lighting 84 210 1.00 178 57140 3803110520760000 EmeraldLake_Lighting 84 210 1.00 179 571413803110531720000 EmeraldLake_Lighting 84 210 1.00 180 57142 3803110551140000 EmeraldLake_Lighting 84 210 1.00 181 57143 3803110580780000 EmeraldLake_Lighting 84 210 1.00 182 57146 3803110601650000 EmeraldLake_Lighting 84 210 1.00 183 57147 3803110621160000 EmeraldLake_Lighting 84 210 1.00 184 57148 3803110630820000 EmeraldLake_Lighting 84 210 1.00 185 57152 3803110671210000 EmeraldLake_Lighting 84 210 1.00 186 57154 3803110680840000 EmeraldLake_Lighting 84 210 1.00 187 57156 3803110730880000 EmeraldLake_Lighting 84 210 1.00 188 57157 3803110731390000 EmeraldLake_Lighting 84 210 1.00 189 57158 3803110731770000 EmeraldLake_Lighting 84 210 1.00 190 571613803110760940000 EmeraldLake_Lighting 84 210 1.00 191 57165 3803110820950000 EmeraldLake_Lighting 84 210 1.00 192 57166 3803110831300000 EmeraldLake_Lighting 84 210 1.00 193 57168 3803110851660000 EmeraldLake_Lighting 84 210 1.00 194 57170 3803110871000000 EmeraldLake_Lighting 84 210 1.00 195 571713803110881470000 EmeraldLake_Lighting 84 210 1.00 196 57172 3803110921030000 Emerald Lake_Lighting 84 210 1.00 197 57173 3803110940050000 EmeraldLake_Lighting 84 210 1.00 198 57174 3803110961290000 EmeraldLake_Lighting 84 210 1.00 199 57175 3803110981060000 EmeraldLake_Lighting 84 210 1.00 200 57178 3803111010080000 EmeraldLake_Lighting 84 210 1.00 201 57179 3803111021080000 EmeraldLake_Lighting 84 210 1.00 202 57182 3803111071370000 EmeraldLake_Lighting 84 210 1.00 203 57183 3803111081120000 EmeraldLake_Lighting 84 210 1.00 204 179279 3803111091100000 EmeraldLake_Lighting 84 210 1.00 205 57184 3803111101580000 EmeraldLake_Lighting 84 210 1.00 206 57187 3803111110200000 EmeraldLake_Lighting 84 210 1.00 207 57188 3803111131140000 EmeraldLake_Lighting 84 210 1.00 208 57190 3803111170150000 EmeraldLake_Lighting 84 210 1.00 209 571913803111181170000 EmeraldLake_Lighting 84 210 1.00 210 57192 3803111210200000 EmeraldLake_Lighting 84 210 1.00 211 57193 3803111221550000 EmeraldLake_Lighting 84 210 1.00 212 57194 3803111241200000 EmeraldLake_Lighting 84 210 1.00 213 57195 3803111260090000 EmeraldLake_Lighting 84 210 1.00 214 57196 3803111270200000 EmeraldLake_Lighting 84 210 1.00 215 57198 3803111291230000 EmeraldLake_Lighting 84 210 1.00 Page 5 of 10 364 EXHIBIT A 216 57199 3803111291570000 EmeraldLake_Lighting 84 210 1.00 217 57200 3803111320100000 EmeraldLake_Lighting 84 210 1.00 218 572013803111340230000 EmeraldLake_Lighting 84 210 1.00 219 57202 3803111351250000 EmeraldLake_Lighting 84 210 1.00 220 57203 3803111361590000 EmeraldLake_Lighting 84 210 1.00 221 57204 3803111380110000 EmeraldLake_Lighting 84 210 1.00 222 57205 3803111390250000 EmeraldLake_Lighting 84 210 1.00 223 57206 3803111401260000 EmeraldLake_Lighting 84 210 1.00 224 57207 3803111421620000 EmeraldLake_Lighting 84 210 1.00 225 57208 3803111430120000 EmeraldLake_Lighting 84 210 1.00 226 57209 3803111430270000 EmeraldLake_Lighting 84 210 1.00 227 57210 3803111441280000 EmeraldLake_Lighting 84 210 1.00 228 57212 3803111490140000 EmeraldLake_Lighting 84 210 1.00 229 57213 3803111490310000 EmeraldLake_Lighting 84 210 1.00 230 57214 3803111491290000 EmeraldLake_Lighting 84 210 1.00 231 57215 3803111491630000 EmeraldLake_Lighting 84 210 1.00 232 57216 3803111520350000 EmeraldLake_Lighting 84 210 1.00 233 57218 3803111551660000 EmeraldLake_Lighting 84 210 1.00 234 57219 3803111560170000 Emerald Lake_Lighting 84 210 1.00 235 57220 3803111561320000 Emerald Lake_Lighting 84 210 1.00 236 572213803111570380000 EmeraldLake_Lighting 84 210 1.00 237 57223 3803111601330000 Emerald Lake_Lighting 84 210 1.00 238 57227 3803111610420000 Emerald Lake_Lighting 84 210 1.00 239 57228 3803111620220000 Emerald Lake_Lighting 84 210 1.00 240 57229 3803111621670000 Emerald Lake_Lighting 84 210 1.00 241 572313803111640470000 Emerald Lake_Lighting 84 210 1.00 242 57232 3803111661350000 Emerald Lake_Lighting 84 210 1.00 243 57233 3803111670030000 EmeraldLake_Lighting 84 210 1.00 244 57234 3803111670370000 EmeraldLake_Lighting 84 210 1.00 245 57235 3803111670520000 EmeraldLake_Lighting 84 210 1.00 246 57236 3803111681700000 Emerald Lake_Lighting 84 210 1.00 247 57237 3803111700410000 EmeraldLake_Lighting 84 210 1.00 248 57238 3803111700550000 EmeraldLake_Lighting 84 210 1.00 249 57239 3803111721370000 EmeraldLake_Lighting 84 210 1.00 250 572413803111740060000 Emerald Lake_Lighting 84 210 1.00 251 57242 3803111740450000 Emerald Lake_Lighting 84 210 1.00 252 57243 3803111740610000 EmeraldLake_Lighting 84 210 1.00 253 57244 3803111751710000 Emerald Lake_Lighting 84 210 1.00 254 57245 3803111771390000 Emerald Lake_Lighting 84 210 1.00 255 57246 3803111780490000 EmeraldLake_Lighting 84 210 1.00 256 57247 3803111780650000 Emerald Lake_Lighting 84 210 1.00 257 57248 3803111800540000 EmeraldLake_Lighting 84 210 1.00 258 57250 3803111812120000 EmeraldLake_Lighting 84 210 1.00 259 572513803111821400000 Emerald Lake_Lighting 84 210 1.00 Page 6 of 10 365 EXHIBIT A 260 57252 3803111821740000 EmeraldLake_Lighting 84 210 1.00 261 57253 3803111850590000 EmeraldLake_Lighting 84 210 1.00 262 176716 3803111850680000 EmeraldLake_Lighting 84 210 1.00 263 57254 3803111860750000 EmeraldLake_Lighting 84 210 1.00 264 57255 3803111870060000 EmeraldLake_Lighting 84 210 1.00 265 57256 3803111881420000 EmeraldLake_Lighting 84 210 1.00 266 57257 3803111881750000 EmeraldLake_Lighting 84 210 1.00 267 57259 3803111900330000 EmeraldLake_Lighting 84 210 1.00 268 57260 3803111900790000 EmeraldLake_Lighting 84 210 1.00 269 572613803111930690000 EmeraldLake_Lighting 84 210 1.00 270 57262 3803111931440000 EmeraldLake_Lighting 84 210 1.00 271 57263 3803111940090000 EmeraldLake_Lighting 84 210 1.00 272 57264 3803111940840000 EmeraldLake_Lighting 84 210 1.00 273 57265 3803111950370000 EmeraldLake_Lighting 84 210 1.00 274 57266 3803111950910000 EmeraldLake_Lighting 84 210 1.00 275 57267 3803111951780000 Emerald Lake_Lighting 84 210 1.00 276 57269 3803111960730000 EmeraldLake_Lighting 84 210 1.00 277 57270 3803111990420000 Emerald Lake_Lighting 84 210 1.00 278 572713803111991460000 EmeraldLake_Lighting 84 210 1.00 279 57272 3803111991650000 EmeraldLake_Lighting 84 210 1.00 280 57277 3803112010140000 EmeraldLake_Lighting 84 210 1.00 281 57278 3803112010780000 EmeraldLake_Lighting 84 210 1.00 282 572813803112020980000 EmeraldLake_Lighting 84 210 1.00 283 57282 3803112040480000 EmeraldLake_Lighting 84 210 1.00 284 57283 3803112041470000 EmeraldLake_Lighting 84 210 1.00 285 57284 3803112041840000 EmeraldLake_Lighting 84 210 1.00 286 57286 3803112051660000 EmeraldLake_Lighting 84 210 1.00 287 1763213803112070830000 Emerald Lake_Lighting 84 210 1.00 288 57287 3803112081040000 EmeraldLake_Lighting 84 210 1.00 289 57288 3803112090520000 EmeraldLake_Lighting 84 210 1.00 290 57292 3803112121480000 EmeraldLake_Lighting 84 210 1.00 291 57293 3803112121660000 Emerald Lake_Lighting 84 210 1.00 292 57294 3803112130580000 Emerald Lake_Lighting 84 210 1.00 293 176320 3803112130910000 EmeraldLake_Lighting 84 210 1.00 294 57296 3803112140110000 EmeraldLake_Lighting 84 210 1.00 295 57297 3803112141860000 EmeraldLake_Lighting 84 210 1.00 296 57298 3803112151110000 EmeraldLake_Lighting 84 210 1.00 297 573013803112170940000 EmeraldLake_Lighting 84 210 1.00 298 57305 3803112191190000 EmeraldLake_Lighting 84 210 1.00 299 57306 3803112191680000 EmeraldLake_Lighting 84 210 1.00 300 57307 3803112211000000 EmeraldLake_Lighting 84 210 1.00 301 57308 3803112211870000 EmeraldLake_Lighting 84 210 1.00 302 57309 3803112221470000 EmeraldLake_Lighting 84 210 1.00 303 57310 3803112230650000 EmeraldLake_Lighting 84 210 1.00 Page 7 of 10 366 M 304 573113803112240110000 EmeraldLake_Lighting 84 210 1.00 305 57313 3803112241050000 EmeraldLake_Lighting 84 210 1.00 306 57314 3803112260740000 EmeraldLake_Lighting 84 210 1.00 307 57315 3803112261680000 EmeraldLake_Lighting 84 210 1.00 308 57316 3803112281240000 EmeraldLake_Lighting 84 210 1.00 309 57317 3803112291110000 EmeraldLake_Lighting 84 210 1.00 310 57319 3803112300160000 EmeraldLake_Lighting 84 210 1.00 311 57320 3803112300800000 EmeraldLake_Lighting 84 210 1.00 312 573213803112321430000 EmeraldLake_Lighting 84 210 1.00 313 57322 3803112330220000 EmeraldLake_Lighting 84 210 1.00 314 57323 3803112331680000 Emerald Lake_Lighting 84 210 1.00 315 57325 3803112341900000 EmeraldLake_Lighting 84 210 1.00 316 57326 3803112361210000 EmeraidLake_Lighting 84 210 1.00 317 57329 3803112370320000 EmeraldLake_Lighting 84 210 1.00 318 573313803112381340000 EmeraldLake_Lighting 84 210 1.00 319 57332 3803112400870000 EmeraldLake_Lighting 84 210 1.00 320 57333 3803112410980000 EmeraldLake_Lighting 84 210 1.00 321 57334 3803112421870000 EmeraldLake_Lighting 84 210 1.00 322 57338 3803112450490000 EmeraldLake_Lighting 84 210 1.00 323 57339 3803112451030000 EmeraldLake_Lighting 84 210 1.00 324 57340 3803112451670000 Emerald Lake_Lighting 84 210 1.00 325 573413803112460390000 Emerald Lake_Lighting 84 210 1.00 326 57342 3803112460570000 EmeraldLake_Lighting 84 210 1.00 327 57343 3803112470650000 EmeraidLake_Lighting 84 210 1.00 328 57344 3803112500720000 EmeraldLake_Lighting 84 210 1.00 329 57345 3803112501860000 EmeraldLake_Lighting 84 210 1.00 330 57346 3803112530790000 EmeraldLake_Lighting 84 210 1.00 331 57347 3803112531050000 EmeraldLake_Lighting 84 210 1.00 332 57348 3803112550860000 Emerald Lake_Lighting 84 210 1.00 333 57349 3803112570930000 Emerald Lake_Lighting 84 210 1.00 334 57350 3803112571130000 Emerald Lake_Lighting 84 210 1.00 335 573513803112571740000 Emerald Lake_Lighting 84 210 1.00 336 57352 3803112581260000 EmeraldLake_Lighting 84 210 1.00 337 57354 3803112591500000 EmeraldLake_Lighting 84 210 1.00 338 57607 3803140705220000 Emeraldlake_Lighting 84 210 1.00 339 57609 3803140765240000 EmeraldLake_Lighting 84 210 1.00 340 57613 3803140795240000 EmeraldLake_Lighting 84 210 1.00 341 57616 3803140805040000 EmeraldLake_Lighting 84 210 1.00 342 576213803140855260000 EmeraldLake_Lighting 84 210 1.00 343 57623 3803140905070000 EmeraldLake_Lighting 84 210 1.00 344 57624 3803140925340000 Emerald Lake_Lighting 84 210 1.00 345 57625 3803140975100000 Emerald Lake_Lighting 84 210 1.00 346 173694 3803141065130000 Emerald Lake_Lighting 84 210 1.00 347 57638 3803141165150000 Emerald Lake_Lighting 84 210 1.00 Page 8 of 10 367 EXHIBIT A 348 57640 3803141295190000 EmeraldLake_Lighting 84 210 1.00 349 57642 3803141335190000 EmeraldLake_Lighting 84 210 1.00 350 57644 3803141365210000 EmeraldLake_Lighting 84 210 1.00 351 57646 3803141475230000 EmeraldLake_Lighting 84 210 1.00 352 576513803141565280000 EmeraldLake_Lighting 84 210 1.00 353 57652 3803141635270000 EmeraldLake_Lighting 84 210 1.00 354 58873 3803153405260000 EmeraldLake_Lighting 84 210 1.00 Page 9 of 10 368 EXHIBIT A As of September 18, 2017, subject to any segregations, combinations, additions, deletions, corrections, or any other changes to parcels on the rolls; we, the undersigned, do herby certify to the best of our knowledge, that the attached assessment roll for Road Improvement District #7 (Emerald Lake) has been prepared in accordance with RCW 36.88, and is a true and correct system of assessment that has been applied within the District to the best of our ability. Signed Date Page 10 of 10 369 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-263B CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Randy Rydei RR 9/18/17 I,- r ��� ��= ` % Lam, L4 V �.vp, 110 9/26/17 Introduction Division Head: SEP 19 2017 10124117 Hearing Dept. Head: OJ Jon Hutchings ell W HATCOM COUNTY Prosecutor: o4 I Dan Gibson / COUNCIL Purchasing/Budget: Brad Bennet L— t `� I �`®j Executive: ` Jack Lows T�( J TITLE OF DO NT. Resolution confirming the assessment roll for the Birch Bay Lighting District #1 and remanding the roll to the county treasurer for collection ATTACHMENTS: Resolution and reassesed roll. SEPA review required? ( ) Yes ( X) NO Should Clerk schedule a hearing? ( x) Yes ( ) NO SEPA review completed? ( ) Yes ( X) 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.) Resolution 2017-039 set aside the current assessment roll for the Birch Bay Lighting District #1, dated November 21 st, 1985, and directed Public Works to complete a roll reassessment. As the roll reassessment has been completed, the council, acting as the Board of Equilization, is requested to confirm the assessment as just and equitable after a public hearing on October 24`h, 2017. The Birch Bay Lighting District pays the electrical bill for street lights within the district. Rising electrical costs have finally exceeded the annual assessment allowed under the 1983 rate cap. The re -assessment will establish a new rate cap allowing for continued full payment of the electrical bills in 2018 and beyond. 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 County's website at: www.co.whatcom.wa.us/council. 370 PROPOSED BY: Public Works INTRODUCTION DATE: 9/26/2017 RESOLUTION NO. CONFIRMING THE ASSESSMENT ROLL FOR PROPERTY WITHIN THE BOUNDARIES OF WHATCOM COUNTY ROAD IMPROVEMENT DISTRICT NO. 1 (BIRCH BAY LIGHTING DISTRICT) AND REMANDING ROLL TO THE COUNTY TREASURER FOR COLLECTION WHEREAS, on September 12, 2017, the Whatcom County Council approved Resolution #2017-039, authorizing the preparation of a reassessment roll for property within the boundaries of Whatcom County Road Improvement District No. 1 (Birch Bay Lighting District); and WHEREAS, on September 26, 2017, the Whatcom County Council accepted said reassessment roll; and WHEREAS, the Whatcom County Council did determine that the proposed assessment roll is equitable and just under the conditions prevailing. NOW, THEREFORE, BE IT RESOLVED that the Whatcom County Council, acting as the County Board of Equalization, confirms the assessment roll as follows: The first annual maintenance assessment shall be based upon a Whatcom County Department of Public Works fee of $2.00 per account per year and the rate of $0.45 per lineal front foot. The second and each succeeding annual assessment will be based on a Whatcom County Department of Public Works fee of $2.00 per account per year and the actual cost of maintenance and power charges of Puget Sound Energy, but shall not exceed $0.75 per lineal front foot. Prior to the second and each succeeding annual maintenance assessment, a budget for Whatcom County Road Improvement District No. 1 shall be submitted to the Whatcom County Executive for approval. BE IT FURTHER RESOLVED that the Whatcom County Council, acting as the County Board of Equalization, hereby certifies the reassessment roll, as outlined in Exhibit A to this Page 2 371 resolution, and remands same to the Treasurer for collection. APPROVED this day of , 2017. WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council &"' e '�' 4int, Daniel L. Gibson, Chief Civil Deputy Prosecutor Page 3 Barry Buchanan, Council Chair 372 EXHIBIT A Birch Bay Lighting District (RID No. 1) 2018 Assessment Roll As of September 18, 2017 (Basis= Road Front Footage) # prop_id geo id District -Name Class Seq Basis 1 119237 4001300094870000 Birch Bay Lighting 84 020 240.00 2 119238 4001300115260000 Birch Bay Lighting 84 020 165.00 3 119239 4001300124700000 Birch Bay Lighting 84 020 200.00 4 119241 4001300135080000 Birch Bay Lighting 84 020 170.00 5 119243 4001300164570000 Birch Bay Lighting 84 020 40.00 6 119249 4001300264530001 Birch Bay Lighting 84 020 12.00 7 119250 4001300264530002 Birch Bay Lighting 84 020 11.99 8 119251 4001300264530003 Birch Bay Lighting 84 020 11.99 9 119252 4001300264530004 Birch Bay Lighting 84 020 11.99 10 119253 4001300264530005 Birch Bay Lighting 84 020 11.99 11 119254 4001300264530006 Birch Bay Lighting 84 020 11.99 12 119255 4001300264530007 Birch Bay Lighting 84 020 11.99 13 119256 4001300264530008 Birch Bay Lighting 84 020 11.99 14 119257 4001300264530009 Birch Bay Lighting 84 020 11.99 15 119258 4001300264530010 Birch Bay Lighting 84 020 11.99 16 119259 4001300264530011 Birch Bay Lighting 84 020 11.99 17 119260 4001300264530012 Birch Bay Lighting 84 020 11.99 18 119261 4001300264530013 Birch Bay Lighting 84 020 11.99 19 119262 4001300264530014 Birch Bay Lighting 84 020 11.99 20 119263 4001300264530015 Birch Bay Lighting 84 020 11.99 21 119264 4001300264530016 Birch Bay Lighting 84 020 11.99 22 119265 4001300264530017 Birch Bay Lighting 84 020 11.99 23 119266 4001300264530018 Birch Bay Lighting 84 020 11.99 24 119267 4001300303580000 Birch Bay Lighting 84 020 172.60 25 119268 4001300304210000 Birch Bay Lighting 84 020 10.21 26 119269 4001300304210001 Birch Bay Lighting 84 020 10.21 27 119270 4001300304210002 Birch Bay Lighting 84 020 10.21 28 119271 4001300304210003 Birch Bay Lighting 84 020 10.21 29 119272 4001300304210004 Birch Bay Lighting 84 020 10.21 30 119273 4001300304210005 Birch Bay Lighting 84 020 10.21 31 119274 4001300304210006 Birch Bay Lighting 84 020 10.21 32 119275 4001300304210007 Birch Bay Lighting 84 020 10.21 33 119276 4001300304210008 Birch Bay Lighting 84 020 10.21 34 119277 4001300304210009 Birch Bay Lighting 84 020 10.21 35 119278 4001300304210010 Birch Bay Lighting 84 020 10.21 36 119279 4001300304210011 Birch Bay Lighting 84 020 10.21 37 119280 4001300304210012 Birch Bay Lighting 84 020 10.21 38 119281 4001300304210013 Birch Bay Lighting 84 020 10.21 39 119282 4001300304210014 Birch Bay Lighting 84 020 10.21 Page 1 of 39 373 EXHIBIT A 40 119284 4001300404130001 Birch Bay Lighting 84 020 7.37 41 119285 4001300404130002 Birch Bay Lighting 84 020 7.37 42 119286 4001300404130003 Birch Bay Lighting 84 020 7.37 43 119287 4001300404130004 Birch Bay Lighting 84 020 7.37 44 119288 4001300404130005 Birch Bay Lighting 84 020 7.37 45 119289 4001300404130006 Birch Bay Lighting 84 020 7.37 46 119290 4001300404130007 Birch Bay Lighting 84 020 7.37 47 119291 4001300404130008 Birch Bay Lighting 84 020 7.37 48 119292 4001300404130009 Birch Bay Lighting 84 020 7.37 49 119293 4001300404130010 Birch Bay Lighting 84 020 7.37 50 119294 4001300404130011 Birch Bay Lighting 84 020 7.37 51 119295 4001300404130012 Birch Bay Lighting 84 020 7.38 52 119296 4001300404130013 Birch Bay Lighting 84 020 7.38 53 119297 4001300404130014 Birch Bay Lighting 84 020 7.38 54 119298 4001300404130015 Birch Bay Lighting 84 020 7.38 55 119299 4001300404130016 Birch Bay Lighting 84 020 7.38 56 119300 4001300404130017 Birch Bay Lighting 84 020 7.38 57 119301 4001300404130018 Birch Bay Lighting 84 020 7.38 58 119307 4001300543560000 Birch Bay Lighting 84 020 150.00 59 119308 4001300543860000 Birch Bay Lighting 84 020 433.00 60 119313 4001300663700000 Birch Bay Lighting 84 020 172.60 61 119449 4001300744920000 Birch Bay Lighting 84 020 957.50 62 119633 4001300841020000 Birch Bay Lighting 84 020 40.00 63 119634 4001300842310000 Birch Bay Lighting 84 020 190.90 64 119637 4001300850790000 Birch Bay Lighting 84 020 40.00 65 119640 4001300860690000 Birch Bay Lighting 84 020 40.00 66 119641 4001300860730000 Birch Bay Lighting 84 020 40.00 67 119642 4001300860820000 Birch Bay Lighting 84 020 21.00 68 119643 4001300860830000 Birch Bay Lighting 84 020 19.00 69 119647 4001300880990000 Birch Bay Lighting 84 020 40.00 70 119650 4001300882060001 Birch Bay Lighting 84 020 4.49 71 119651 4001300882060002 Birch Bay Lighting 84 020 4.49 72 119652 4001300882060003 Birch Bay Lighting 84 020 4.49 73 119653 4001300882060004 Birch Bay Lighting 84 020 4.49 74 119654 4001300882060005 Birch Bay Lighting 84 020 4.49 75 119655 4001300882060006 Birch Bay Lighting 84 020 4.49 76 119656 4001300882060007 Birch Bay Lighting 84 020 4.49 77 119657 4001300882060008 Birch Bay Lighting 84 020 4.49 78 119658 4001300882060009 Birch Bay Lighting 84 020 4.49 79 119659 4001300882060010 Birch Bay Lighting 84 020 4.49 80 119660 4001300882060011 Birch Bay Lighting 84 020 4.49 81 119661 4001300882060012 Birch Bay Lighting 84 020 4.49 82 119662 4001300882060013 Birch Bay Lighting 84 020 4.49 83 119663 4001300882060014 Birch Bay Lighting 84 020 4.49 Page 2 of 39 374 EXHIBIT A 84 119664 4001300882060015 Birch Bay Lighting 84 020 4.49 85 119665 4001300882060016 Birch Bay Lighting 84 020 4.49 86 119666 4001300882060017 Birch Bay Lighting 84 020 4.49 87 119667 4001300882060018 Birch Bay Lighting 84 020 4.49 88 119668 4001300882060019 Birch Bay Lighting 84 020 4.49 89 119669 4001300882060020 Birch Bay Lighting 84 020 4.49 90 119670 4001300882060021 Birch Bay Lighting 84 020 4.49 91 119671 4001300882060022 Birch Bay Lighting 84 020 4.49 92 119672 4001300882060023 Birch Bay Lighting 84 020 4.49 93 119673 4001300882060024 Birch Bay Lighting 84 020 4.49 94 119674 4001300882060025 Birch Bay Lighting 84 020 4.49 95 119675 4001300882060026 Birch Bay Lighting 84 020 4.49 96 119676 4001300882060027 Birch Bay Lighting 84 020 4.49 97 119677 4001300882060028 Birch Bay Lighting 84 020 4.49 98 119678 4001300882060029 Birch Bay Lighting 84 020 4.49 99 119679 4001300882060030 Birch Bay Lighting 84 020 4.49 100 119680 4001300882060031 Birch Bay Lighting 84 020 4.49 101 119681 4001300882060032 Birch Bay Lighting 84 020 4.49 102 119682 4001300882060033 Birch Bay Lighting 84 020 4.49 103 119683 4001300882060034 Birch Bay Lighting 84 020 4.49 104 119684 4001300882060035 Birch Bay Lighting 84 020 4.49 105 119685 4001300882060036 Birch Bay Lighting 84 020 4.49 106 119686 4001300882060037 Birch Bay Lighting 84 020 4.49 107 119687 4001300882060038 Birch Bay Lighting 84 020 4.49 108 119688 4001300882060039 Birch Bay Lighting 84 020 4.49 109 119689 4001300882060040 Birch Bay Lighting 84 020 4.49 110 119690 4001300882060041 Birch Bay Lighting 84 020 4.49 111 119691 4001300882060042 Birch Bay Lighting 84 020 4.49 112 119692 4001300882060043 Birch Bay Lighting 84 020 4.49 113 119693 4001300882060044 Birch Bay Lighting 84 020 4.49 114 119694 4001300882060045 Birch Bay Lighting 84 020 4.49 115 119695 4001300882060046 Birch Bay Lighting 84 020 4.49 116 119696 4001300882060047 Birch Bay Lighting 84 020 4.49 117 119697 4001300882060048 Birch Bay Lighting 84 020 4.49 118 119698 4001300882060049 Birch Bay Lighting 84 020 4.49 119 119699 4001300882060050 Birch Bay Lighting 84 020 4.49 120 119700 4001300882060051 Birch Bay Lighting 84 020 4.49 121 119701 4001300882060052 Birch Bay Lighting 84 020 4.49 122 119702 4001300882060053 Birch Bay Lighting 84 020 4.49 123 119703 4001300882060054 Birch Bay Lighting 84 020 4.49 124 119704 4001300882060055 Birch Bay Lighting 84 020 4.49 125 119705 4001300882060056 Birch Bay Lighting 84 020 4.49 126 119706 4001300882060057 Birch Bay Lighting 84 020 4.49 127 119707 4001300882060058 Birch Bay Lighting 84 020 4.49 Page 3 of 39 375 EXHIBIT A 128 119708 4001300882060059 Birch Bay Lighting 84 020 4.49 129 119710 4001300890490000 Birch Bay Lighting 84 020 40.00 130 119711 4001300890530000 Birch Bay Lighting 84 020 40.00 131 119712 4001300890880000 Birch Bay Lighting 84 020 40.00 132 119731 4001300892850000 Birch Bay Lighting 84 020 3.17 133 119732 4001300892850001 Birch Bay Lighting 84 020 3.17 134 119733 4001300892850002 Birch Bay Lighting 84 020 3.17 135 119734 4001300892850003 Birch Bay Lighting 84 020 3.17 136 119735 4001300892850004 Birch Bay Lighting 84 020 3.17 137 119736 4001300892850005 Birch Bay Lighting 84 020 3.17 138 119737 4001300892850006 Birch Bay Lighting 84 020 3.17 139 119738 4001300892850007 Birch Bay Lighting 84 020 3.17 140 119739 4001300892850008 Birch Bay Lighting 84 020 3.17 141 119740 4001300892850009 Birch Bay Lighting 84 020 3.17 142 119741 4001300892850010 Birch Bay Lighting 84 020 3.17 143 119742 4001300892850011 Birch Bay Lighting 84 020 3.17 144 119743 4001300892850012 Birch Bay Lighting 84 020 3.17 145 119744 4001300892850013 Birch Bay Lighting 84 020 3.17 146 119745 4001300892850014 Birch Bay Lighting 84 020 3.17 147 119746 4001300892850015 Birch Bay Lighting 84 020 3.17 148 119747 4001300892850016 Birch Bay Lighting 84 020 3.17 149 119748 4001300892850017 Birch Bay Lighting 84 020 3.17 150 119749 4001300892850018 Birch Bay Lighting 84 020 3.17 151 119750 4001300892850019 Birch Bay Lighting 84 020 3.17 152 119751 4001300892850020 Birch Bay Lighting 84 020 3.17 153 119752 4001300892850021 Birch Bay Lighting 84 020 3.17 154 119753 4001300892850022 Birch Bay Lighting 84 020 3.17 155 119754 4001300892850023 Birch Bay Lighting 84 020 3.17 156 119755 4001300892850024 Birch Bay Lighting 84 020 3.17 157 119756 4001300892850025 Birch Bay Lighting 84 020 3.17 158 119757 4001300892850026 Birch Bay Lighting 84 020 3.17 159 119758 4001300892850027 Birch Bay Lighting 84 020 3.17 160 119759 4001300892850028 Birch Bay Lighting 84 020 3.17 161 119760 4001300892850029 Birch Bay Lighting 84 020 3.17 162 119769 4001300900580000 Birch Bay Lighting 84 020 40.00 163 119770 4001300900620000 Birch Bay Lighting 84 020 40.00 164 119772 4001300900910000 Birch Bay Lighting 84 020 43.45 165 119790 4001300903260000 Birch Bay Lighting 84 020 431.40 166 119819 4001300920420000 Birch Bay Lighting 84 020 40.00 167 119884 4001301042460000 Birch Bay Lighting 84 020 369.10 168 119928 4001301071680027 Birch Bay Lighting 84 020 3.68 169 119929 4001301071680028 Birch Bay Lighting 84 020 3.68 170 119930 4001301071680029 Birch Bay Lighting 84 020 3.68 171 119931 4001301071680030 Birch Bay Lighting 84 020 3.68 Page 4 of 39 376 EXHIBIT A 172 119932 4001301071680031 Birch Bay Lighting 84 020 3.68 173 119933 4001301071680032 Birch Bay Lighting 84 020 3.68 174 119934 4001301071680033 Birch Bay Lighting 84 020 3.68 175 119935 4001301071680034 Birch Bay Lighting 84 020 3.68 176 119936 4001301071680035 Birch Bay Lighting 84 020 3.68 177 119937 4001301071680036 Birch Bay Lighting 84 020 3.68 178 119938 4001301071680037 Birch Bay Lighting 84 020 3.68 179 119939 4001301071680038 Birch Bay Lighting 84 020 3.68 180 119940 4001301071680039 Birch Bay Lighting 84 020 3.68 181 119941 4001301071680040 Birch Bay Lighting 84 020 3.68 182 119942 4001301071680041 Birch Bay Lighting 84 020 3.68 183 119943 4001301071680042 Birch Bay Lighting 84 020 3.68 184 119944 4001301071680043 Birch Bay Lighting 84 020 3.68 185 119958 4001301071680057 Birch Bay Lighting 84 020 3.68 186 119959 4001301071680058 Birch Bay Lighting 84 020 3.68 187 119960 4001301071680059 Birch Bay Lighting 84 020 3.68 188 119961 4001301071680060 Birch Bay Lighting 84 020 3.68 189 119962 4001301071680061 Birch Bay Lighting 84 020 3.68 190 119963 4001301071680062 Birch Bay Lighting 84 020 3.68 191 119964 4001301071680063 Birch Bay Lighting 84 020 3.68 192 119965 4001301071680064 Birch Bay Lighting 84 020 3.68 193 119966 4001301071680065 Birch Bay Lighting 84 020 3.68 194 119967 4001301071680066 Birch Bay Lighting 84 020 3.68 195 119968 4001301071680067 Birch Bay Lighting 84 020 3.68 196 119969 4001301071680068 Birch Bay Lighting 84 020 3.68 197 119970 4001301071680069 Birch Bay Lighting 84 020 3.68 198 119971 4001301071680070 Birch Bay Lighting 84 020 3.68 199 119972 4001301071680071 Birch Bay Lighting 84 020 3.68 200 119973 4001301071680072 Birch Bay Lighting 84 020 3.68 201 119974 4001301071680073 Birch Bay Lighting 84 020 3.68 202 119988 4001301071680087 Birch Bay Lighting 84 020 3.68 203 119989 4001301071680088 Birch Bay Lighting 84 020 3.68 204 119990 4001301071680089 Birch Bay Lighting 84 020 3.68 205 119991 4001301071680090 Birch Bay Lighting 84 020 3.68 206 119992 4001301071680091 Birch Bay Lighting 84 020 3.68 207 119993 4001301071680092 Birch Bay Lighting 84 020 3.68 208 119994 4001301071680093 Birch Bay Lighting 84 020 3.68 209 119995 4001301071680094 Birch Bay Lighting 84 020 3.68 210 119996 4001301071680095 Birch Bay Lighting 84 020 3.68 211 119997 4001301071680096 Birch Bay Lighting 84 020 3.68 212 119998 4001301071680097 Birch Bay Lighting 84 020 3.68 213 119999 4001301071680098 Birch Bay Lighting 84 020 3.69 214 120000 4001301071680099 Birch Bay Lighting 84 020 3.69 215 120001 4001301071680100 Birch Bay Lighting 84 020 3.69 Page 5 of 39 377 EXHIBIT A 216 120002 4001301071680101 Birch Bay Lighting 84 020 3.69 217 120003 4001301071680102 Birch Bay Lighting 84 020 3.69 218 120004 4001301071680103 Birch Bay Lighting 84 020 3.69 219 120005 4001301071680104 Birch Bay Lighting 84 020 3.69 220 120007 4001301071680106 Birch Bay Lighting 84 020 3.69 221 120008 4001301071680107 Birch Bay Lighting 84 020 3.69 222 120009 4001301071680108 Birch Bay Lighting 84 020 3.69 223 120010 4001301071680109 Birch Bay Lighting 84 020 3.69 224 173404 4001301080180036 Birch Bay Lighting 84 020 12.95 225 173405 4001301080180037 Birch Bay Lighting 84 020 12.95 226 173406 4001301080180038 Birch Bay Lighting 84 020 12.95 227 173407 4001301080180039 Birch Bay Lighting 84 020 12.95 228 173408 4001301080180040 Birch Bay Lighting 84 020 12.95 229 173409 4001301080180041 Birch Bay Lighting 84 020 12.95 230 173410 4001301080180042 Birch Bay Lighting 84 020 12.95 231 173411 4001301080180043 Birch Bay Lighting 84 020 12.95 232 173412 4001301080180044 Birch Bay Lighting 84 020 12.95 233 173413 4001301080180045 Birch Bay Lighting 84 020 12.95 234 173414 4001301080180046 Birch Bay Lighting 84 020 12.95 235 173415 4001301080180047 Birch Bay Lighting 84 020 12.95 236 173416 4001301080180048 Birch Bay Lighting 84 020 12.95 237 173417 4001301080180049 Birch Bay Lighting 84 020 12.95 238 173418 4001301080180050 Birch Bay Lighting 84 020 12.95 239 173419 4001301080180051 Birch Bay Lighting 84 020 12.95 240 173420 4001301080180052 Birch Bay Lighting 84 020 12.95 241 173421 4001301080180053 Birch Bay Lighting 84 020 12.95 242 173422 4001301080180054 Birch Bay Lighting 84 020 12.95 243 173423 4001301080180055 Birch Bay Lighting 84 020 12.95 244 120050 4001301080320000 Birch Bay Lighting 84 020 50.74 245 120052 4001301080370000 Birch Bay Lighting 84 020 50.74 246 120218 4001301261900000 Birch Bay Lighting 84 020 128.43 247 119713 4001301871460001 Birch Bay Lighting 84 020 5.60 248 119714 4001301871460002 Birch Bay Lighting 84 020 5.60 249 119715 4001301871460003 Birch Bay Lighting 84 020 5.60 250 119716 4001301871460004 Birch Bay Lighting 84 020 5.60 251 119717 4001301871460005 Birch Bay Lighting 84 020 5.60 252 119718 4001301871460006 Birch Bay Lighting 84 020 5.60 253 119719 4001301871460007 Birch Bay Lighting 84 020 5.60 254 119720 4001301871460008 Birch Bay Lighting 84 020 5.60 255 119721 4001301871460009 Birch Bay Lighting 84 020 5.60 256 179806 4001301871460000 Birch Bay Lighting 84 020 16.40 257 119722 4001301871460010 Birch Bay Lighting 84 020 5.60 258 119723 4001301871460011 Birch Bay Lighting 84 020 5.60 259 119724 4001301871460012 Birch Bay Lighting 84 020 5.60 Page 6 of 39 378 EXHIBIT A 260 119725 4001301871460013 Birch Bay Lighting 84 020 5.60 261 119726 4001301871460014 Birch Bay Lighting 84 020 5.60 262 119727 4001301871460015 Birch Bay Lighting 84 020 5.60 263 119728 4001301871460016 Birch Bay Lighting 84 020 5.60 264 119774 4001301871460037 Birch Bay Lighting 84 020 6.25 265 119775 4001301871460038 Birch Bay Lighting 84 020 6.25 266 119776 4001301871460039 Birch Bay Lighting 84 020 6.25 267 119777 4001301871460040 Birch Bay Lighting 84 020 6.25 268 119778 4001301871460041 Birch Bay Lighting 84 020 6.25 269 119779 4001301871460042 Birch Bay Lighting 84 020 6.25 270 119780 4001301871460043 Birch Bay Lighting 84 020 6.25 271 119781 4001301871460044 Birch Bay Lighting 84 020 6.25 272 119782 4001301871460045 Birch Bay Lighting 84 020 6.25 273 119783 4001301871460046 Birch Bay Lighting 84 020 6.25 274 119784 4001301871460047 Birch Bay Lighting 84 020 6.25 275 119785 4001301871460048 Birch Bay Lighting 84 020 6.25 276 119786 4001301871460049 Birch Bay Lighting 84 020 6.25 277 119787 4001301871460050 Birch Bay Lighting 84 020 6.25 278 119788 4001301871460051 Birch Bay Lighting 84 020 6.25 279 119789 4001301871460052 Birch Bay Lighting 84 020 6.25 280 119829 4001301871460109 Birch Bay Lighting 84 020 8.00 281 119830 4001301871460110 Birch Bay Lighting 84 020 8.00 282 119831 4001301871460111 Birch Bay Lighting 84 020 8.00 283 119832 4001301871460112 Birch Bay Lighting 84 020 8.00 284 119833 4001301871460113 Birch Bay Lighting 84 020 8.00 285 119834 4001301871460114 Birch Bay Lighting 84 020 8.00 286 119835 4001301871460115 Birch Bay Lighting 84 020 8.00 287 119836 4001301871460116 Birch Bay Lighting 84 020 8.00 288 119837 4001301871460117 Birch Bay Lighting 84 020 8.00 289 119838 4001301871460118 Birch Bay Lighting 84 020 8.00 290 119839 4001301871460119 Birch Bay Lighting 84 020 8.00 291 119840 4001301871460120 Birch Bay Lighting 84 020 8.00 292 119841 4001301871460121 Birch Bay Lighting 84 020 8.00 293 119842 4001301871460122 Birch Bay Lighting 84 020 8.00 294 119843 4001301871460123 Birch Bay Lighting 84 020 8.00 295 119844 4001301871460124 Birch Bay Lighting 84 020 8.00 296 119845 4001301871460133 Birch Bay Lighting 84 020 8.00 297 119846 4001301871460134 Birch Bay Lighting 84 020 8.00 298 119847 4001301871460135 Birch Bay Lighting 84 020 8.00 299 119848 4001301871460136 Birch Bay Lighting 84 020 8.00 300 119849 4001301871460137 Birch Bay Lighting 84 020 8.00 301 119850 4001301871460138 Birch Bay Lighting 84 020 8.00 302 119851 4001301871460139 Birch Bay Lighting 84 020 8.00 303 119852 4001301871460140 Birch Bay Lighting 84 020 8.00 Page 7 of 39 379 f 29FI:m1 304 119853 4001301871460141 Birch Bay Lighting 84 020 8.00 305 119854 4001301871460142 Birch Bay Lighting 84 020 8.00 306 119855 4001301871460143 Birch Bay Lighting 84 020 8.00 307 119856 4001301871460144 Birch Bay Lighting 84 020 8.00 308 119857 4001301871460145 Birch Bay Lighting 84 020 8.00 309 119858 4001301871460146 Birch Bay Lighting 84 020 8.00 310 119859 4001301871460147 Birch Bay Lighting 84 020 8.00 311 119860 4001301871460148 Birch Bay Lighting 84 020 8.00 312 120815 4001302720780000 Birch Bay Lighting 84 020 50.00 313 121517 4001310042330000 Birch Bay Lighting 84 020 50.10 314 121520 4001310052380000 Birch Bay Lighting 84 020 82.40 315 121521 4001310073050000 Birch Bay Lighting 84 020 50.80 316 121526 4001310081400000 Birch Bay Lighting 84 020 40.00 317 121527 4001310081450000 Birch Bay Lighting 84 020 50.00 318 121528 4001310081500000 Birch Bay Lighting 84 020 50.00 319 121529 4001310081550000 Birch Bay Lighting 84 020 58.30 320 121531 4001310082510000 Birch Bay Lighting 84 020 50.20 321 121532 4001310091590000 Birch Bay Lighting 84 020 50.00 322 121533 4001310092560000 Birch Bay Lighting 84 020 50.20 323 121535 4001310093080000 Birch Bay Lighting 84 020 40.00 324 121536 4001310101630000 Birch Bay Lighting 84 020 61.40 325 121537 4001310113120000 Birch Bay Lighting 84 020 39.60 326 121539 4001310122610000 Birch Bay Lighting 84 020 71.10 327 121540 4001310123150000 Birch Bay Lighting 84 020 40.40 328 121542 4001310131740000 Birch Bay Lighting 84 020 64.00 329 121543 4001310132220000 Birch Bay Lighting 84 020 50.00 330 121544 4001310132280000 Birch Bay Lighting 84 020 50.00 331 121545 4001310143190000 Birch Bay Lighting 84 020 40.10 332 121548 4001310151790000 Birch Bay Lighting 84 020 50.00 333 121550 4001310161400000 Birch Bay Lighting 84 020 40.00 334 121551 4001310161730000 Birch Bay Lighting 84 020 50.00 335 121552 4001310163230000 Birch Bay Lighting 84 020 39.90 336 121558 4001310171450000 Birch Bay Lighting 84 020 50.00 337 121559 4001310171500000 Birch Bay Lighting 84 020 50.00 338 121560 4001310171540000 Birch Bay Lighting 84 020 22.80 339 121561 4001310171580000 Birch Bay Lighting 84 020 50.00 340 121562 4001310172330000 Birch Bay Lighting 84 020 91.50 341 121563 4001310173260000 Birch Bay Lighting 84 020 40.00 342 121567 4001310191620000 Birch Bay Lighting 84 020 44.00 343 121568 4001310191890000 Birch Bay Lighting 84 020 50.00 344 121570 4001310203040000 Birch Bay Lighting 84 020 72.00 345 121572 4001310211710000 Birch Bay Lighting 84 020 49.40 346 121573 4001310211930000 Birch Bay Lighting 84 020 50.00 347 121576 4001310222450000 Birch Bay Lighting 84 020 50.00 Page 8 of 39 EXHIBIT A 348 121578 4001310223300000 Birch Bay Lighting 84 020 39.91 349 121582 4001310231970000 Birch Bay Lighting 84 020 50.00 350 121583 4001310232500000 Birch Bay Lighting 84 020 50.00 351 181994 4001310233440000 Birch Bay Lighting 84 020 139.96 352 181821 4001310233490000 Birch Bay Lighting 84 020 44.52 353 121584 4001310241760000 Birch Bay Lighting 84 020 50.00 354 121586 4001310243000000 Birch Bay Lighting 84 020 39.00 355 121587 4001310243090000 Birch Bay Lighting 84 020 36.00 356 181851 4001310243460000 Birch Bay Lighting 84 020 8.43 357 121588 4001310252020000 Birch Bay Lighting 84 020 47.70 358 121591 4001310261800000 Birch Bay Lighting 84 020 50.00 359 121592 4001310262550000 Birch Bay Lighting 84 020 50.00 360 121593 4001310263130000 Birch Bay Lighting 84 020 36.00 361 121594 4001310263510000 Birch Bay Lighting 84 020 40.10 362 121596 4001310281860000 Birch Bay Lighting 84 020 50.00 363 121598 4001310282610000 Birch Bay Lighting 84 020 55.50 364 121599 4001310283590000 Birch Bay Lighting 84 020 41.10 365 121600 4001310283720000 Birch Bay Lighting 84 020 39.80 366 121601 4001310291900000 Birch Bay Lighting 84 020 50.00 367 121602 4001310292100000 Birch Bay Lighting 84 020 53.50 368 121604 4001310293560000 Birch Bay Lighting 84 020 41.10 369 121605 4001310303680000 Birch Bay Lighting 84 020 39.20 370 121609 4001310311430000 Birch Bay Lighting 84 020 40.00 371 121612 4001310313260001 Birch Bay Lighting 84 020 14.70 372 121649 4001310313260038 Birch Bay Lighting 84 020 14.70 373 121662 4001310313260051 Birch Bay Lighting 84 020 14.70 374 121679 4001310313260068 Birch Bay Lighting 84 020 14.70 375 121680 4001310313260069 Birch Bay Lighting 84 020 14.70 376 121681 4001310313260070 Birch Bay Lighting 84 020 3.68 377 121696 4001310313260085 Birch Bay Lighting 84 020 3.68 378 121712 4001310313260101 Birch Bay Lighting 84 020 14.70 379 121713 4001310313260102 Birch Bay Lighting 84 020 14.70 380 121749 4001310313260138 Birch Bay Lighting 84 020 14.70 381 121750 4001310313260139 Birch Bay Lighting 84 020 14.70 382 121788 4001310313260177 Birch Bay Lighting 84 020 14.70 383 121803 4001310313260192 Birch Bay Lighting 84 020 14.70 384 121848 4001310313260237 Birch Bay Lighting 84 020 14.70 385 121853 4001310313260242 Birch Bay Lighting 84 020 14.70 386 121854 4001310313260243 Birch Bay Lighting 84 020 14.70 387 121866 4001310313260255 Birch Bay Lighting 84 020 14.70 388 121881 4001310313260270 Birch Bay Lighting 84 020 14.70 389 121893 4001310313260282 Birch Bay Lighting 84 020 14.70 390 121894 4001310313260283 Birch Bay Lighting 84 020 14.70 391 173447 4001310313260376 Birch Bay Lighting 84 020 3.68 Page 9 of 39 381 EXHIBIT A 392 173448 4001310313260377 Birch Bay Lighting 84 020 3.67 393 173449 4001310313260378 Birch Bay Lighting 84 020 3.67 394 173455 4001310313260379 Birch Bay Lighting 84 020 3.68 395 173456 4001310313260380 Birch Bay Lighting 84 020 3.67 396 173457 4001310313260381 Birch Bay Lighting 84 020 3.67 397 121959 4001310313720000 Birch Bay Lighting 84 020 40.70 398 121963 4001310321440000 Birch Bay Lighting 84 020 50.00 399 121965 4001310321500000 Birch Bay Lighting 84 020 50.00 400 121967 4001310321540000 Birch Bay Lighting 84 020 55.00 401 121968 4001310321950000 Birch Bay Lighting 84 020 50.00 402 121969 4001310322140000 Birch Bay Lighting 84 020 50.00 403 121970 4001310323740000 Birch Bay Lighting 84 020 41.10 404 121974 4001310331590000 Birch Bay Lighting 84 020 51.60 405 121975 4001310331980000 Birch Bay Lighting 84 020 34.40 406 121981 4001310342180000 Birch Bay Lighting 84 020 50.00 407 121982 4001310343800000 Birch Bay Lighting 84 020 78.18 408 121984 4001310353880000 Birch Bay Lighting 84 020 47.17 409 121993 4001310371700000 Birch Bay Lighting 84 020 96.60 410 121994 4001310372070000 Birch Bay Lighting 84 020 46.50 411 121995 4001310372230000 Birch Bay Lighting 84 020 50.00 412 121999 4001310383450000 Birch Bay Lighting 84 020 39.00 413 122000 4001310393960000 Birch Bay Lighting 84 020 83.00 414 122002 4001310401820000 Birch Bay Lighting 84 020 50.00 415 122004 4001310402120000 Birch Bay Lighting 84 020 50.00 416 122006 4001310402290000 Birch Bay Lighting 84 020 69.10 417 122007 4001310411770000 Birch Bay Lighting 84 020 50.00 418 122008 4001310413520000 Birch Bay Lighting 84 020 39.00 419 122012 4001310432160000 Birch Bay Lighting 84 020 50.00 420 122013 4001310432360000 Birch Bay Lighting 84 020 70.90 421 122014 4001310433560000 Birch Bay Lighting 84 020 39.50 422 122019 4001310441960000 Birch Bay Lighting 84 020 50.00 423 122020 4001310443600000 Birch Bay Lighting 84 020 37.20 424 122022 4001310444130001 Birch Bay Lighting 84 020 29.50 425 122023 4001310444130002 Birch Bay Lighting 84 020 29.50 426 122024 4001310444130003 Birch Bay Lighting 84 020 29.50 427 122025 4001310444130004 Birch Bay Lighting 84 020 29.50 428 122026 4001310444130005 Birch Bay Lighting 84 020 29.50 429 122027 4001310444130006 Birch Bay Lighting 84 020 29.50 430 122028 4001310444130007 Birch Bay Lighting 84 020 29.50 431 122029 4001310444130008 Birch Bay Lighting 84 020 29.50 432 122030 4001310444130009 Birch Bay Lighting 84 020 29.50 433 122031 4001310444130010 Birch Bay Lighting 84 020 29.50 434 122034 4001310452200000 Birch Bay Lighting 84 020 50.00 435 122035 4001310453630000 Birch Bay Lighting 84 020 40.00 Page 10 of 39 382 EXHIBIT A 436 122043 4001310461900000 Birch Bay Lighting 84 020 50.00 437 122045 4001310463670000 Birch Bay Lighting 84 020 40.00 438 122049 4001310472400000 Birch Bay Lighting 84 020 50.00 439 122050 4001310473120000 Birch Bay Lighting 84 020 315.31 440 122051 4001310473700000 Birch Bay Lighting 84 020 42.50 441 122053 4001310481940000 Birch Bay Lighting 84 020 51.80 442 122054 4001310482240000 Birch Bay Lighting 84 020 70.90 443 122055 4001310483740000 Birch Bay Lighting 84 020 42.50 444 122062 4001310502490000 Birch Bay Lighting 84 020 56.20 445 122063 4001310503780000 Birch Bay Lighting 84 020 57.50 446 122066 4001310512020000 Birch Bay Lighting 84 020 65.20 447 122067 4001310512320000 Birch Bay Lighting 84 020 69.10 448 122068 4001310513060000 Birch Bay Lighting 84 020 70.50 449 122070 4001310522050000 Birch Bay Lighting 84 020 50.00 450 122071 4001310523860000 Birch Bay Lighting 84 020 55.00 451 122072 4001310523900000 Birch Bay Lighting 84 020 40.00 452 122074 4001310532370000 Birch Bay Lighting 84 020 50.00 453 180289 4001310532430000 Birch Bay Lighting 84 020 100.00 454 122075 4001310533080000 Birch Bay Lighting 84 020 40.00 455 122078 4001310542110000 Birch Bay Lighting 84 020 50.00 456 122080 4001310542550000 Birch Bay Lighting 84 020 100.00 457 122084 4001310554380001 Birch Bay Lighting 84 020 51.25 458 122085 4001310554380002 Birch Bay Lighting 84 020 51.25 459 122086 4001310554380003 Birch Bay Lighting 84 020 51.25 460 122087 4001310554380004 Birch Bay Lighting 84 020 51.25 461 122090 4001310563060000 Birch Bay Lighting 84 020 3.70 462 122095 4001310572150000 Birch Bay Lighting 84 020 50.00 463 122098 4001310574030001 Birch Bay Lighting 84 020 35.00 464 122099 4001310574030002 Birch Bay Lighting 84 020 35.00 465 122100 4001310574030003 Birch Bay Lighting 84 020 35.00 466 122101 4001310574030004 Birch Bay Lighting 84 020 35.00 467 122102 4001310574030005 Birch Bay Lighting 84 020 35.00 468 122103 4001310574030006 Birch Bay Lighting 84 020 35.00 469 122104 4001310574030007 Birch Bay Lighting 84 020 35.00 470 122105 4001310574030008 Birch Bay Lighting 84 020 35.00 471 122106 4001310582590000 Birch Bay Lighting 84 020 50.00 472 122107 4001310583290000 Birch Bay Lighting 84 020 56.00 473 122109 4001310583320000 Birch Bay Lighting 84 020 21.00 474 122110 4001310583350000 Birch Bay Lighting 84 020 29.00 475 122111 4001310583390000 Birch Bay Lighting 84 020 45.00 476 122112 4001310583430000 Birch Bay Lighting 84 020 40.00 477 122113 4001310592460000 Birch Bay Lighting 84 020 43.80 478 122114 4001310593090000 Birch Bay Lighting 84 020 40.00 479 122115 4001310593470000 Birch Bay Lighting 84 020 40.00 Page 11 of 39 383 EXHIBIT A 480 122116 4001310593510000 Birch Bay Lighting 84 020 40.00 481 122118 4001310602600000 Birch Bay Lighting 84 020 113.40 482 122119 4001310603550000 Birch Bay Lighting 84 020 40.00 483 122122 4001310612190000 Birch Bay Lighting 84 020 51.00 484 122123 4001310613590000 Birch Bay Lighting 84 020 40.00 485 122124 4001310614230000 Birch Bay Lighting 84 020 127.00 486 122128 4001310621630000 Birch Bay Lighting 84 020 38.63 487 122129 4001310623120000 Birch Bay Lighting 84 020 46.00 488 122130 4001310623620000 Birch Bay Lighting 84 020 40.00 489 122132 4001310633660000 Birch Bay Lighting 84 020 40.00 490 122133 4001310633700000 Birch Bay Lighting 84 020 40.00 491 122138 4001310652520000 Birch Bay Lighting 84 020 50.00 492 122139 4001310653750000 Birch Bay Lighting 84 020 55.00 493 122140 4001310654570000 Birch Bay Lighting 84 020 23.75 494 122141 4001310654570001 Birch Bay Lighting 84 020 23.75 495 122142 4001310654570002 Birch Bay Lighting 84 020 23.75 496 122143 4001310654570003 Birch Bay Lighting 84 020 23.75 497 122144 4001310654570004 Birch Bay Lighting 84 020 23.75 498 122145 4001310654570005 Birch Bay Lighting 84 020 23.75 499 122146 4001310654570006 Birch Bay Lighting 84 020 23.75 500 122147 4001310654570007 Birch Bay Lighting 84 020 23.75 501 122148 4001310654570008 Birch Bay Lighting 84 020 23.75 502 122149 4001310654570009 Birch Bay Lighting 84 020 23.75 503 122150 4001310654570010 Birch Bay Lighting 84 020 23.75 504 122151 4001310654570011 Birch Bay Lighting 84 020 23.75 505 122153 4001310662270000 Birch Bay Lighting 84 020 49.00 506 122155 4001310663820000 Birch Bay Lighting 84 020 65.00 507 122157 4001310673130000 Birch Bay Lighting 84 020 44.00 508 122160 4001310682310000 Birch Bay Lighting 84 020 50.00 509 122161 4001310682600000 Birch Bay Lighting 84 020 50.00 510 122162 4001310683290000 Birch Bay Lighting 84 020 51.20 511 122163 4001310683870000 Birch Bay Lighting 84 020 40.00 512 122164 4001310693390000 Birch Bay Lighting 84 020 163.20 513 122166 4001310693910000 Birch Bay Lighting 84 020 40.00 514 122169 4001310702350000 Birch Bay Lighting 84 020 50.00 515 122170 4001310703950000 Birch Bay Lighting 84 020 40.00 516 122172 4001310713110000 Birch Bay Lighting 84 020 44.00 517 122173 4001310713450000 Birch Bay Lighting 84 020 47.20 518 122175 4001310713990000 Birch Bay Lighting 84 020 40.00 519 122176 4001310714030000 Birch Bay Lighting 84 020 40.00 520 122178 4001310714070000 Birch Bay Lighting 84 020 40.00 521 122180 4001310722630000 Birch Bay Lighting 84 020 50.30 522 122181 4001310723320000 Birch Bay Lighting 84 020 52.00 523 122182 4001310724110000 Birch Bay Lighting 84 020 40.00 Page 12 of 39 ml EXHIBIT A 524 122183 4001310724150000 Birch Bay Lighting 84 020 40.00 525 122190 4001310742390000 Birch Bay Lighting 84 020 41.10 526 122192 4001310743660000 Birch Bay Lighting 84 020 40.00 527 122194 4001310752440000 Birch Bay Lighting 84 020 50.00 528 122195 4001310753490000 Birch Bay Lighting 84 020 81.50 529 122196 4001310753620000 Birch Bay Lighting 84 020 23.00 530 122197 4001310754220000 Birch Bay Lighting 84 020 137.31 531 122199 4001310763100000 Birch Bay Lighting 84 020 44.00 532 122200 4001310763210000 Birch Bay Lighting 84 020 70.00 533 122201 4001310763350000 Birch Bay Lighting 84 020 51.60 534 122202 4001310763700000 Birch Bay Lighting 84 020 40.00 535 122204 4001310773850000 Birch Bay Lighting 84 020 30.40 536 122207 4001310782490000 Birch Bay Lighting 84 020 50.00 537 122208 4001310783740000 Birch Bay Lighting 84 020 33.40 538 122212 4001310793390000 Birch Bay Lighting 84 020 50.00 539 122213 4001310793530000 Birch Bay Lighting 84 020 40.00 540 122214 4001310793670000 Birch Bay Lighting 84 020 60.00 541 122215 4001310803230000 Birch Bay Lighting 84 020 50.00 542 122216 4001310805070000 Birch Bay Lighting 84 020 205.00 543 122219 4001310813080000 Birch Bay Lighting 84 020 57.50 544 122220 4001310813850000 Birch Bay Lighting 84 020 40.00 545 122221 4001310813910000 Birch Bay Lighting 84 020 46.50 546 122222 4001310813950000 Birch Bay Lighting 84 020 40.00 547 122223 4001310815270000 Birch Bay Lighting 84 020 160.00 548 122225 4001310823360000 Birch Bay Lighting 84 020 40.00 549 122226 4001310823980000 Birch Bay Lighting 84 020 41.80 550 122229 4001310832550000 Birch Bay Lighting 84 020 100.00 551 122230 4001310833420000 Birch Bay Lighting 84 020 50.00 552 122231 4001310834060000 Birch Bay Lighting 84 020 40.00 553 122232 4001310834100000 Birch Bay Lighting 84 020 40.00 554 122240 4001310853160000 Birch Bay Lighting 84 020 32.00 555 122243 4001310853260000 Birch Bay Lighting 84 020 40.40 556 122244 4001310853580000 Birch Bay Lighting 84 020 40.00 557 122245 4001310853710000 Birch Bay Lighting 84 020 40.00 558 122247 4001310853840000 Birch Bay Lighting 84 020 40.00 559 122253 4001310863450000 Birch Bay Lighting 84 020 50.00 560 122254 4001310863730000 Birch Bay Lighting 84 020 44.00 561 122258 4001310873610000 Birch Bay Lighting 84 020 40.00 562 122259 4001310874170000 Birch Bay Lighting 84 020 82.50 563 122260 4001310874270000 Birch Bay Lighting 84 020 101.50 564 122261 4001310883960000 Birch Bay Lighting 84 020 40.00 565 122263 4001310892610000 Birch Bay Lighting 84 020 29.60 566 122264 4001310893170000 Birch Bay Lighting 84 020 45.00 567 122265 4001310893270000 Birch Bay Lighting 84 020 50.00 Page 13 of 39 385 EXHIBIT A 568 122266 4001310893490000 Birch Bay Lighting 84 020 50.00 569 122267 4001310893840000 Birch Bay Lighting 84 020 40.00 570 122273 4001310903350000 Birch Bay Lighting 84 020 50.00 571 122275 4001310913640000 Birch Bay Lighting 84 020 40.00 572 122276 4001310923960000 Birch Bay Lighting 84 020 40.00 573 122280 4001310933200000 Birch Bay Lighting 84 020 50.00 574 122281 4001310933530000 Birch Bay Lighting 84 020 50.00 575 122282 4001310933660000 Birch Bay Lighting 84 020 40.00 576 122283 4001310933840000 Birch Bay Lighting 84 020 40.00 577 122286 4001310953380000 Birch Bay Lighting 84 020 50.00 578 122289 4001310962390000 Birch Bay Lighting 84 020 38.63 579 122290 4001310963230000 Birch Bay Lighting 84 020 50.00 580 122291 4001310963570000 Birch Bay Lighting 84 020 50.00 581 122292 4001310963690000 Birch Bay Lighting 84 020 40.00 582 122293 4001310963960000 Birch Bay Lighting 84 020 40.00 583 122295 4001310973840000 Birch Bay Lighting 84 020 21.40 584 122297 4001310983070000 Birch Bay Lighting 84 020 113.30 585 122298 4001310983900000 Birch Bay Lighting 84 020 51.00 586 122299 4001310984850000 Birch Bay Lighting 84 020 21.66 587 122300 4001310984850001 Birch Bay Lighting 84 020 21.66 588 122301 4001310984850002 Birch Bay Lighting 84 020 21.66 589 122302 4001310984850003 Birch Bay Lighting 84 020 21.66 590 122303 4001310984850004 Birch Bay Lighting 84 020 21.66 591 122304 4001310984850005 Birch Bay Lighting 84 020 21.66 592 122305 4001310984850006 Birch Bay Lighting 84 020 21.66 593 122306 4001310984850007 Birch Bay Lighting 84 020 21.66 594 122312 4001310984970005 Birch Bay Lighting 84 020 13.46 595 122313 4001310984970006 Birch Bay Lighting 84 020 13.46 596 122314 4001310984970007 Birch Bay Lighting 84 020 13.46 597 122307 4001310984970000 Birch Bay Lighting 84 020 13.46 598 122308 4001310984970001 Birch Bay Lighting 84 020 13.46 599 122309 4001310984970002 Birch Bay Lighting 84 020 13.46 600 122310 4001310984970003 Birch Bay Lighting 84 020 13.46 601 122311 4001310984970004 Birch Bay Lighting 84 020 13.46 602 122321 4001310993260000 Birch Bay Lighting 84 020 48.00 603 122324 4001310993400000 Birch Bay Lighting 84 020 50.00 604 122325 4001310993610000 Birch Bay Lighting 84 020 50.00 605 122326 4001310993720000 Birch Bay Lighting 84 020 44.00 606 122327 4001310995470000 Birch Bay Lighting 84 020 45.00 607 122328 4001310995530000 Birch Bay Lighting 84 020 45.00 608 122330 4001311005570000 Birch Bay Lighting 84 020 45.00 609 122334 4001311015420000 Birch Bay Lighting 84 020 45.00 610 122336 4001311023670000 Birch Bay Lighting 84 020 40.20 611 122337 4001311023960000 Birch Bay Lighting 84 020 71.40 Page 14 of 39 :o EXHIBIT A 612 122339 4001311024160001 Birch Bay Lighting 84 020 6.61 613 122340 4001311024160002 Birch Bay Lighting 84 020 6.61 614 122341 4001311024160003 Birch Bay Lighting 84 020 6.61 615 122342 4001311024160004 Birch Bay Lighting 84 020 6.61 616 122343 4001311024160005 Birch Bay Lighting 84 020 6.61 617 122344 4001311024160006 Birch Bay Lighting 84 020 6.61 618 122345 4001311024160007 Birch Bay Lighting 84 020 6.61 619 122346 4001311024160008 Birch Bay Lighting 84 020 6.61 620 122347 4001311024160009 Birch Bay Lighting 84 020 6.61 621 122348 4001311024160010 Birch Bay Lighting 84 020 6.61 622 122349 4001311024160011 Birch Bay Lighting 84 020 6.61 623 122350 4001311024160012 Birch Bay Lighting 84 020 6.61 624 122351 4001311024160013 Birch Bay Lighting 84 020 6.61 625 122352 4001311024160014 Birch Bay Lighting 84 020 6.61 626 122353 4001311024160015 Birch Bay Lighting 84 020 6.61 627 122354 4001311024160016 Birch Bay Lighting 84 020 6.61 628 122355 4001311024160017 Birch Bay Lighting 84 020 6.61 629 122356 4001311024160018 Birch Bay Lighting 84 020 6.61 630 122357 4001311024160019 Birch Bay Lighting 84 020 6.61 631 122358 4001311024160020 Birch Bay Lighting 84 020 6.61 632 122360 4001311033310000 Birch Bay Lighting 84 020 53.00 633 122361 4001311033440000 Birch Bay Lighting 84 020 50.00 634 122363 4001311043760000 Birch Bay Lighting 84 020 40.00 635 122366 4001311053110000 Birch Bay Lighting 84 020 50.00 636 122368 4001311053640000 Birch Bay Lighting 84 020 43.80 637 122370 4001311063340000 Birch Bay Lighting 84 020 50.00 638 122376 4001311073460000 Birch Bay Lighting 84 020 50.00 639 122377 4001311073820000 Birch Bay Lighting 84 020 80.00 640 122399 4001311093150000 Birch Bay Lighting 84 020 50.00 641 122400 4001311093860000 Birch Bay Lighting 84 020 40.00 642 122402 4001311103070000 Birch Bay Lighting 84 020 75.00 643 122403 4001311103370000 Birch Bay Lighting 84 020 50.00 644 122404 4001311103510000 Birch Bay Lighting 84 020 42.70 645 122405 4001311103720000 Birch Bay Lighting 84 020 83.70 646 122407 4001311105420000 Birch Bay Lighting 84 020 45.00 647 122408 4001311105470000 Birch Bay Lighting 84 020 45.00 648 122409 4001311105580000 Birch Bay Lighting 84 020 45.00 649 122417 4001311113190000 Birch Bay Lighting 84 020 23.20 650 122419 4001311115530000 Birch Bay Lighting 84 020 45.00 651 122420 4001311123900000 Birch Bay Lighting 84 020 40.00 652 122424 4001311143410000 Birch Bay Lighting 84 020 51.00 653 122426 4001311143930000 Birch Bay Lighting 84 020 40.00 654 122428 4001311144170000 Birch Bay Lighting 84 020 150.00 655 122430 4001311153560000 Birch Bay Lighting 84 020 41.40 Page 15 of 39 387 EXHIBIT A 656 122431 4001311153770000 Birch Bay Lighting 84 020 52.30 657 122432 4001311154530000 Birch Bay Lighting 84 020 386.14 658 122433 4001311163080000 Birch Bay Lighting 84 020 50.00 659 122434 4001311163190000 Birch Bay Lighting 84 020 50.00 660 122436 4001311163830000 Birch Bay Lighting 84 020 51.70 661 122454 4001311173440000 Birch Bay Lighting 84 020 53.40 662 122455 4001311173970000 Birch Bay Lighting 84 020 16.00 663 122456 4001311183600000 Birch Bay Lighting 84 020 50.00 664 122459 4001311193290000 Birch Bay Lighting 84 020 33.00 665 122460 4001311193870000 Birch Bay Lighting 84 020 50.00 666 122461 4001311202360000 Birch Bay Lighting 84 020 38.62 667 122462 4001311203180000 Birch Bay Lighting 84 020 50.00 668 122463 4001311203930000 Birch Bay Lighting 84 020 139.00 669 122468 4001311205540000 Birch Bay Lighting 84 020 40.00 670 122471 4001311213090000 Birch Bay Lighting 84 020 79.00 671 122472 4001311213510000 Birch Bay Lighting 84 020 140.20 672 122473 4001311213640000 Birch Bay Lighting 84 020 50.00 673 122475 4001311215440001 Birch Bay Lighting 84 020 92.00 674 122476 4001311215440002 Birch Bay Lighting 84 020 23.00 675 122478 4001311223310000 Birch Bay Lighting 84 020 37.50 676 122479 4001311223700000 Birch Bay Lighting 84 020 92.00 677 122486 4001311243180000 Birch Bay Lighting 84 020 29.00 678 122488 4001311253360000 Birch Bay Lighting 84 020 60.00 679 122514 4001311305460000 Birch Bay Lighting 84 020 10.00 680 122520 4001311325420000 Birch Bay Lighting 84 020 60.00 681 122521 4001311335530000 Birch Bay Lighting 84 020 60.00 682 122528 4001311365470000 Birch Bay Lighting 84 020 50.00 683 122530 4001311385130000 Birch Bay Lighting 84 020 190.00 684 122532 4001311395300000 Birch Bay Lighting 84 020 189.00 685 122553 4001311453500000 Birch Bay Lighting 84 020 283.52 686 122559 4001311485530000 Birch Bay Lighting 84 020 60.00 687 122562 4001311495460000 Birch Bay Lighting 84 020 26.00 688 122568 4001311505380000 Birch Bay Lighting 84 020 44.00 689 122580 4001311535460000 Birch Bay Lighting 84 020 50.00 690 122581 4001311535530000 Birch Bay Lighting 84 020 60.00 691 122585 4001311543750000 Birch Bay Lighting 84 020 109.10 692 122586 4001311544440000 Birch Bay Lighting 84 020 128.00 693 122597 4001311593700000 Birch Bay Lighting 84 020 60.00 694 122600 4001311603880000 Birch Bay Lighting 84 020 100.00 695 122612 4001311623590000 Birch Bay Lighting 84 020 52.70 696 122620 4001311643460000 Birch Bay Lighting 84 020 60.00 697 122621 4001311643520000 Birch Bay Lighting 84 020 61.70 698 122622 4001311643660000 Birch Bay Lighting 84 020 70.70 699 122629 4001311654210000 Birch Bay Lighting 84 020 70.00 Page 16 of 39 mm EXHIBIT A 700 122632 4001311663400000 Birch Bay Lighting 84 020 60.00 701 122633 4001311663850000 Birch Bay Lighting 84 020 70.00 702 122639 4001311673330000 Birch Bay Lighting 84 020 56.00 703 122651 4001311723280000 Birch Bay Lighting 84 020 55.00 704 122652 4001311723820000 Birch Bay Lighting 84 020 60.00 705 122653 4001311724210000 Birch Bay Lighting 84 020 70.00 706 122670 4001311773220000 Birch Bay Lighting 84 020 57.90 707 122671 4001311774210000 Birch Bay Lighting 84 020 70.00 708 122676 4001311783580000 Birch Bay Lighting 84 020 68.60 709 122677 4001311783790000 Birch Bay Lighting 84 020 60.00 710 122687 4001311804560000 Birch Bay Lighting 84 020 410.00 711 122688 4001311813430000 Birch Bay Lighting 84 020 159.70 712 122697 4001311823200000 Birch Bay Lighting 84 020 60.00 713 122700 4001311833540000 Birch Bay Lighting 84 020 60.00 714 122701 4001311833760000 Birch Bay Lighting 84 020 60.00 715 122702 4001311834240000 Birch Bay Lighting 84 020 67.00 716 122711 4001311864240000 Birch Bay Lighting 84 020 145.30 717 122714 4001311873160000 Birch Bay Lighting 84 020 60.00 718 122715 4001311873390000 Birch Bay Lighting 84 020 60.30 719 122716 4001311883510000 Birch Bay Lighting 84 020 60.00 720 122717 4001311883720000 Birch Bay Lighting 84 020 60.00 721 122725 4001311923130000 Birch Bay Lighting 84 020 60.00 722 122726 4001311923360000 Birch Bay Lighting 84 020 60.00 723 122727 4001311933480000 Birch Bay Lighting 84 020 60.00 724 122728 4001311933690000 Birch Bay Lighting 84 020 60.00 725 122735 4001311964590000 Birch Bay Lighting 84 020 60.00 726 122737 4001311973070000 Birch Bay Lighting 84 020 87.60 727 122738 4001311973330000 Birch Bay Lighting 84 020 60.00 728 122740 4001311983450000 Birch Bay Lighting 84 020 60.00 729 122741 4001311983660000 Birch Bay Lighting 84 020 60.00 730 122748 4001312003840000 Birch Bay Lighting 84 020 255.74 731 122751 4001312023300000 Birch Bay Lighting 84 020 60.00 732 122752 4001312024180000 Birch Bay Lighting 84 020 110.00 733 122755 4001312033420000 Birch Bay Lighting 84 020 60.00 734 122756 4001312033630000 Birch Bay Lighting 84 020 60.00 735 122777 4001312073260000 Birch Bay Lighting 84 020 66.60 736 122779 4001312083390000 Birch Bay Lighting 84 020 60.00 737 122780 4001312083600000 Birch Bay Lighting 84 020 60.00 738 122793 4001312102600000 Birch Bay Lighting 84 020 94.51 739 122794 4001312104080000 Birch Bay Lighting 84 020 50.00 740 122795 4001312104110000 Birch Bay Lighting 84 020 85.00 741 122798 4001312114270000 Birch Bay Lighting 84 020 90.00 742 122806 4001312143220000 Birch Bay Lighting 84 020 57.50 743 122807 4001312143350000 Birch Bay Lighting 84 020 60.00 Page 17 of 39 p 0• EXHIBIT A 744 122808 4001312143560000 Birch Bay Lighting 84 020 60.00 745 122821 4001312183030000 Birch Bay Lighting 84 020 85.00 746 122824 4001312193320000 Birch Bay Lighting 84 020 60.00 747 122825 4001312193540000 Birch Bay Lighting 84 020 65.00 748 122826 4001312194110000 Birch Bay Lighting 84 020 75.00 749 122834 4001312204260000 Birch Bay Lighting 84 020 50.00 750 122839 4001312224040000 Birch Bay Lighting 84 020 90.00 751 122841 4001312233060000 Birch Bay Lighting 84 020 85.00 752 122843 4001312243280000 Birch Bay Lighting 84 020 175.60 753 122844 4001312244280000 Birch Bay Lighting 84 020 50.00 754 122850 4001312253500000 Birch Bay Lighting 84 020 75.00 755 122876 4001312304040000 Birch Bay Lighting 84 020 70.00 756 122878 4001312304270000 Birch Bay Lighting 84 020 50.00 757 122880 4001312304750000 Birch Bay Lighting 84 020 326.98 758 122892 4001312313460000 Birch Bay Lighting 84 020 60.00 759 122902 4001312344270000 Birch Bay Lighting 84 020 50.00 760 122923 4001312363090000 Birch Bay Lighting 84 020 60.00 761 122924 4001312364260000 Birch Bay Lighting 84 020 50.00 762 122926 4001312364420000 Birch Bay Lighting 84 020 273.55 763 122938 4001312374040000 Birch Bay Lighting 84 020 70.00 764 122941 4001312383400000 Birch Bay Lighting 84 020 50.00 765 122942 4001312393190000 Birch Bay Lighting 84 020 60.02 766 122950 4001312403340000 Birch Bay Lighting 84 020 54.90 767 122958 4001312413260000 Birch Bay Lighting 84 020 50.00 768 122959 4001312414040000 Birch Bay Lighting 84 020 70.00 769 122980 4001312444260000 Birch Bay Lighting 84 020 87.50 770 123002 4001312503120000 Birch Bay Lighting 84 020 47.38 771 123006 4001312504030000 Birch Bay Lighting 84 020 50.00 772 123010 4001312534260000 Birch Bay Lighting 84 020 62.50 773 123011 4001312544010000 Birch Bay Lighting 84 020 88.80 774 123013 4001312544120000 Birch Bay Lighting 84 020 55.20 775 123016 4001312544180000 Birch Bay Lighting 84 020 72.00 776 151176 4051234972580000 Birch Bay Lighting 84 020 60.00 777 151180 4051235052560000 Birch Bay Lighting 84 020 75.00 778 151186 4051235132550000 Birch Bay Lighting 84 020 90.00 779 151192 4051235212550000 Birch Bay Lighting 84 020 90.00 780 151204 4051235453020000 Birch Bay Lighting 84 020 285.33 781 151205 4051235572560000 Birch Bay Lighting 84 020 60.00 782 151207 4051240042520000 Birch Bay Lighting 84 020 60.00 783 151208 4051240043260000 Birch Bay Lighting 84 020 30.00 784 151209 4051240043410000 Birch Bay Lighting 84 020 34.01 785 151210 4051240053510000 Birch Bay Lighting 84 020 59.91 786 151211 4051240063580000 Birch Bay Lighting 84 020 73.31 787 151212 4051240063660000 Birch Bay Lighting 84 020 70.00 Page 18 of 39 390 EXHIBIT A 788 151213 4051240063730000 Birch Bay Lighting 84 020 70.00 789 151214 4051240063790000 Birch Bay Lighting 84 020 70.00 790 151215 4051240063870000 Birch Bay Lighting 84 020 70.00 791 151216 4051240063940000 Birch Bay Lighting 84 020 70.00 792 151217 4051240064010000 Birch Bay Lighting 84 020 70.00 793 151218 4051240064080000 Birch Bay Lighting 84 020 70.00 794 151219 4051240064150000 Birch Bay Lighting 84 020 70.00 795 151220 4051240064210000 Birch Bay Lighting 84 020 70.00 796 151221 4051240064290000 Birch Bay Lighting 84 020 70.70 797 151222 4051240093380000 Birch Bay Lighting 84 020 27.90 798 151223 4051240102470000 Birch Bay Lighting 84 020 70.02 799 151225 4051240163410000 Birch Bay Lighting 84 020 35.90 800 151227 4051240182330000 Birch Bay Lighting 84 020 223.07 801 151228 4051240192460000 Birch Bay Lighting 84 020 90.25 802 151229 4051240223390000 Birch Bay Lighting 84 020 72.40 803 151230 4051240223560000 Birch Bay Lighting 84 020 69.59 804 151231 4051240233260000 Birch Bay Lighting 84 020 53.40 805 151232 4051240233640000 Birch Bay Lighting 84 020 79.33 806 151233 4051240234100000 Birch Bay Lighting 84 020 96.60 807 151234 4051240234260000 Birch Bay Lighting 84 020 84.60 808 151236 4051240253730000 Birch Bay Lighting 84 020 70.00 809 151237 4051240253790000 Birch Bay Lighting 84 020 70.00 810 151238 4051240253860000 Birch Bay Lighting 84 020 70.00 811 151239 4051240253930000 Birch Bay Lighting 84 020 70.00 812 151240 4051240254000000 Birch Bay Lighting 84 020 70.00 813 151242 4051240282440000 Birch Bay Lighting 84 020 90.32 814 151243 4051240293070000 Birch Bay Lighting 84 020 207.30 815 151245 4051240303390000 Birch Bay Lighting 84 020 72.12 816 151246 4051240314260000 Birch Bay Lighting 84 020 74.00 817 151247 4051240323290000 Birch Bay Lighting 84 020 54.90 818 151257 4051240332550000 Birch Bay Lighting 84 020 58.30 819 151260 4051240334100000 Birch Bay Lighting 84 020 92.30 820 151263 4051240373400000 Birch Bay Lighting 84 020 72.08 821 151264 4051240373600000 Birch Bay Lighting 84 020 155.06 822 151265 4051240384260000 Birch Bay Lighting 84 020 74.00 823 151266 4051240393920000 Birch Bay Lighting 84 020 70.00 824 151267 4051240394000000 Birch Bay Lighting 84 020 70.00 825 151268 4051240403710000 Birch Bay Lighting 84 020 62.50 826 151269 4051240403780000 Birch Bay Lighting 84 020 70.00 827 151270 4051240403850000 Birch Bay Lighting 84 020 85.00 828 151271 4051240413270000 Birch Bay Lighting 84 020 91.00 829 151272 4051240424100000 Birch Bay Lighting 84 020 96.60 830 151273 4051240432450000 Birch Bay Lighting 84 020 62.80 831 151274 4051240433390000 Birch Bay Lighting 84 020 72.50 Page 19 of 39 391 EXHIBIT A 832 151275 4051240464270000 Birch Bay Lighting 84 020 45.00 833 151280 4051240492420000 Birch Bay Lighting 84 020 80.50 834 151281 4051240493190000 Birch Bay Lighting 84 020 91.61 835 151282 4051240502540000 Birch Bay Lighting 84 020 67.50 836 151283 4051240513390000 Birch Bay Lighting 84 020 76.30 837 151284 4051240533020000 Birch Bay Lighting 84 020 28.20 838 151285 4051240543290000 Birch Bay Lighting 84 020 120.30 839 151286 4051240554270000 Birch Bay Lighting 84 020 31.00 840 151287 4051240562400000 Birch Bay Lighting 84 020 54.50 841 151288 4051240572530000 Birch Bay Lighting 84 020 27.50 842 151289 4051240593400000 Birch Bay Lighting 84 020 110.80 843 151290 4051240594070000 Birch Bay Lighting 84 020 70.00 844 151292 4051240603580000 Birch Bay Lighting 84 020 76.30 845 151293 4051240603650000 Birch Bay Lighting 84 020 73.31 846 151294 4051240603720000 Birch Bay Lighting 84 020 70.00 847 151295 4051240603790000 Birch Bay Lighting 84 020 70.00 848 151296 4051240603860000 Birch Bay Lighting 84 020 70.00 849 151297 4051240603930000 Birch Bay Lighting 84 020 70.00 850 151298 4051240604000000 Birch Bay Lighting 84 020 70.00 851 151299 4051240604150000 Birch Bay Lighting 84 020 74.80 852 151300 4051240614220000 Birch Bay Lighting 84 020 31.00 853 151301 4051240622390000 Birch Bay Lighting 84 020 52.50 854 151303 4051240643040000 Birch Bay Lighting 84 020 47.10 855 151304 4051240662520000 Birch Bay Lighting 84 020 21.20 856 151305 4051240673080000 Birch Bay Lighting 84 020 49.80 857 151306 4051240682140000 Birch Bay Lighting 84 020 180.00 858 151307 4051240682370000 Birch Bay Lighting 84 020 62.50 859 151309 4051240703240000 Birch Bay Lighting 84 020 104.20 860 151310 4051240703800000 Birch Bay Lighting 84 020 30.01 861 151311 4051240713120000 Birch Bay Lighting 84 020 49.20 862 151312 4051240713580000 Birch Bay Lighting 84 020 30.50 863 151313 4051240713660000 Birch Bay Lighting 84 020 30.01 864 151314 4051240713730000 Birch Bay Lighting 84 020 30.01 865 151315 4051240723330000 Birch Bay Lighting 84 020 68.50 866 151316 4051240732490000 Birch Bay Lighting 84 020 27.40 867 151317 4051240733470000 Birch Bay Lighting 84 020 61.10 868 151319 4051240763150000 Birch Bay Lighting 84 020 67.90 869 151320 4051240773210000 Birch Bay Lighting 84 020 105.90 870 151321 4051240793290000 Birch Bay Lighting 84 020 159.50 871 151322 4051240793570000 Birch Bay Lighting 84 020 62.79 872 151323 4051240802540000 Birch Bay Lighting 84 020 46.30 873 151324 4051240803470000 Birch Bay Lighting 84 020 39.30 874 151325 4051240812120000 Birch Bay Lighting 84 020 138.90 875 151326 4051240823010000 Birch Bay Lighting 84 020 105.50 Page 20 of 39 392 EXHIBIT A 876 151328 4051240863470000 Birch Bay Lighting 84 020 39.30 877 151329 4051240873750000 Birch Bay Lighting 84 020 130.54 878 151330 4051240883060000 Birch Bay Lighting 84 020 55.90 879 151331 4051240883980000 Birch Bay Lighting 84 020 39.60 880 151332 4051240892070000 Birch Bay Lighting 84 020 131.70 881 151333 4051240893590000 Birch Bay Lighting 84 020 127.97 882 151334 4051240893870000 Birch Bay Lighting 84 020 40.60 883 151335 4051240913120000 Birch Bay Lighting 84 020 68.10 884 151336 4051240913420000 Birch Bay Lighting 84 020 70.50 885 151337 4051240923210000 Birch Bay Lighting 84 020 74.90 886 151338 4051240923290000 Birch Bay Lighting 84 020 75.20 887 151340 4051240972100000 Birch Bay Lighting 84 020 131.70 888 151341 4051240973840000 Birch Bay Lighting 84 020 74.10 889 151342 4051240974030000 Birch Bay Lighting 84 020 50.00 890 151345 4051240983740000 Birch Bay Lighting 84 020 76.10 891 151347 4051241024280000 Birch Bay Lighting 84 020 31.57 892 151348 4051241034140000 Birch Bay Lighting 84 020 71.29 893 151349 4051241034210000 Birch Bay Lighting 84 020 27.40 894 151350 4051241042040000 Birch Bay Lighting 84 020 134.10 895 151351 4051241044090000 Birch Bay Lighting 84 020 54.50 896 151353 4051241053590000 Birch Bay Lighting 84 020 153.57 897 151354 4051241063840000 Birch Bay Lighting 84 020 77.30 898 151355 4051241064010000 Birch Bay Lighting 84 020 96.90 899 151356 4051241073740000 Birch Bay Lighting 84 020 167.88 900 151359 4051241122000000 Birch Bay Lighting 84 020 140.00 901 151361 4051241124280000 Birch Bay Lighting 84 020 40.96 902 151363 4051241152600000 Birch Bay Lighting 84 020 75.00 903 151364 4051241173330000 Birch Bay Lighting 84 020 70.00 904 151365 4051241173400000 Birch Bay Lighting 84 020 70.00 905 151366 4051241173470000 Birch Bay Lighting 84 020 70.00 906 151367 4051241181980000 Birch Bay Lighting 84 020 140.00 907 151368 4051241183120000 Birch Bay Lighting 84 020 70.00 908 151369 4051241183190000 Birch Bay Lighting 84 020 70.00 909 151370 4051241183260000 Birch Bay Lighting 84 020 70.00 910 151371 4051241193040000 Birch Bay Lighting 84 020 75.00 911 151373 4051241224290000 Birch Bay Lighting 84 020 28.38 912 151374 4051241233560000 Birch Bay Lighting 84 020 30.31 913 151375 4051241233640000 Birch Bay Lighting 84 020 30.01 914 151376 4051241233700000 Birch Bay Lighting 84 020 30.07 915 151377 4051241233770000 Birch Bay Lighting 84 020 63.18 916 151378 4051241233850000 Birch Bay Lighting 84 020 83.60 917 151379 4051241233990000 Birch Bay Lighting 84 020 85.60 918 151380 4051241244090000 Birch Bay Lighting 84 020 65.76 919 151381 4051241244160000 Birch Bay Lighting 84 020 72.99 Page 21 of 39 393 EXHIBIT A 920 151382 4051241244220000 Birch Bay Lighting 84 020 36.28 921 151383 4051241252460000 Birch Bay Lighting 84 020 307.00 922 151384 4051241271890000 Birch Bay Lighting 84 020 100.00 923 151385 4051241361860000 Birch Bay Lighting 84 020 6.00 924 151387 4051241393050000 Birch Bay Lighting 84 020 100.00 925 151388 4051241393130000 Birch Bay Lighting 84 020 75.00 926 151389 4051241402200000 Birch Bay Lighting 84 020 43.00 927 151390 4051241402350000 Birch Bay Lighting 84 020 153.47 928 151391 4051241402470000 Birch Bay Lighting 84 020 72.20 929 151392 4051241402540000 Birch Bay Lighting 84 020 70.00 930 151393 4051241402600000 Birch Bay Lighting 84 020 69.90 931 151399 4051241492240000 Birch Bay Lighting 84 020 93.12 932 151400 4051241492340000 Birch Bay Lighting 84 020 88.20 933 151404 4051241492540000 Birch Bay Lighting 84 020 62.00 934 151405 4051241502130000 Birch Bay Lighting 84 020 100.00 935 151407 4051241502630000 Birch Bay Lighting 84 020 125.60 936 151408 4051241513130000 Birch Bay Lighting 84 020 95.50 937 151410 4051241542300000 Birch Bay Lighting 84 020 50.20 938 151411 4051241561790000 Birch Bay Lighting 84 020 50.00 939 151413 4051241601780000 Birch Bay Lighting 84 020 50.00 940 151414 4051241612270000 Birch Bay Lighting 84 020 50.00 941 151417 4051241622420000 Birch Bay Lighting 84 020 60.00 942 151418 4051241622500000 Birch Bay Lighting 84 020 60.00 943 151419 4051241622630000 Birch Bay Lighting 84 020 60.00 944 151421 4051241651760000 Birch Bay Lighting 84 020 50.00 945 151422 4051241653060000 Birch Bay Lighting 84 020 80.00 946 151423 4051241662260000 Birch Bay Lighting 84 020 70.00 947 151426 4051241672610000 Birch Bay Lighting 84 020 60.00 948 151428 4051241682400000 Birch Bay Lighting 84 020 60.00 949 151429 4051241682470000 Birch Bay Lighting 84 020 60.00 950 151430 4051241683040000 Birch Bay Lighting 84 020 50.00 951 151433 4051241701730000 Birch Bay Lighting 84 020 50.00 952 151436 4051241722230000 Birch Bay Lighting 84 020 50.00 953 151437 4051241722590000 Birch Bay Lighting 84 020 60.00 954 151438 4051241723030000 Birch Bay Lighting 84 020 50.00 955 151439 4051241732370000 Birch Bay Lighting 84 020 50.00 956 151440 4051241741710000 Birch Bay Lighting 84 020 50.00 957 151442 4051241742440000 Birch Bay Lighting 84 020 60.00 958 151445 4051241782210000 Birch Bay Lighting 84 020 85.00 959 151446 4051241782350000 Birch Bay Lighting 84 020 70.00 960 151447 4051241782430000 Birch Bay Lighting 84 020 60.00 961 151448 4051241782570000 Birch Bay Lighting 84 020 60.00 962 151449 4051241791690000 Birch Bay Lighting 84 020 50.00 963 151450 4051241792650000 Birch Bay Lighting 84 020 60.00 Page 22 of 39 394 EXHIBIT A 964 151453 4051241841670000 Birch Bay Lighting 84 020 60.00 965 151454 4051241842330000 Birch Bay Lighting 84 020 45.00 966 151455 4051241842540000 Birch Bay Lighting 84 020 60.00 967 151456 4051241852170000 Birch Bay Lighting 84 020 45.00 968 151458 4051241852400000 Birch Bay Lighting 84 020 60.00 969 151459 4051241852610000 Birch Bay Lighting 84 020 90.00 970 151461 4051241872300000 Birch Bay Lighting 84 020 35.00 971 151462 4051241881650000 Birch Bay Lighting 84 020 40.00 972 151463 4051241882160000 Birch Bay Lighting 84 020 45.00 973 151465 4051241902510000 Birch Bay Lighting 84 020 60.00 974 151469 4051241912370000 Birch Bay Lighting 84 020 67.00 975 151470 4051241922290000 Birch Bay Lighting 84 020 50.00 976 151471 4051241931630000 Birch Bay Lighting 84 020 50.00 977 151472 4051241932150000 Birch Bay Lighting 84 020 45.00 978 151473 4051241942580000 Birch Bay Lighting 84 020 90.00 979 151475 4051241952490000 Birch Bay Lighting 84 020 60.00 980 151476 4051241962280000 Birch Bay Lighting 84 020 50.00 981 151478 4051241972360000 Birch Bay Lighting 84 020 67.00 982 151481 4051241992000000 Birch Bay Lighting 84 020 86.02 983 151483 4051242002470000 Birch Bay Lighting 84 020 55.00 984 151485 4051242012340000 Birch Bay Lighting 84 020 11.00 985 151486 4051242022250000 Birch Bay Lighting 84 020 65.00 986 151488 4051242022550000 Birch Bay Lighting 84 020 90.00 987 151490 4051242032320000 Birch Bay Lighting 84 020 30.00 988 151491 4051242051580000 Birch Bay Lighting 84 020 40.37 989 151492 4051242052100000 Birch Bay Lighting 84 020 25.00 990 151493 4051242052320000 Birch Bay Lighting 84 020 35.00 991 151494 4051242052450000 Birch Bay Lighting 84 020 50.00 992 151496 4051242071560000 Birch Bay Lighting 84 020 25.00 993 151497 4051242072230000 Birch Bay Lighting 84 020 65.00 994 151500 4051242082520000 Birch Bay Lighting 84 020 45.00 995 151501 4051242092080000 Birch Bay Lighting 84 020 50.00 996 151502 4051242092440000 Birch Bay Lighting 84 020 40.00 997 151503 4051242112290000 Birch Bay Lighting 84 020 90.00 998 151505 4051242121540000 Birch Bay Lighting 84 020 150.00 999 151506 4051242122140000 Birch Bay Lighting 84 020 100.00 1000 151507 4051242122430000 Birch Bay Lighting 84 020 35.00 1001 151508 4051242122510000 Birch Bay Lighting 84 020 45.00 1002 151509 4051242132070000 Birch Bay Lighting 84 020 50.00 1003 151510 4051242132210000 Birch Bay Lighting 84 020 50.00 1004 151511 4051242162410000 Birch Bay Lighting 84 020 30.00 1005 151512 4051242171890000 Birch Bay Lighting 84 020 25.00 1006 151513 4051242172490000 Birch Bay Lighting 84 020 44.90 1007 151514 4051242182180000 Birch Bay Lighting 84 020 56.10 Page 23 of 39 395 EXHIBIT A 1008 151515 4051242182260000 Birch Bay Lighting 84 020 57.20 1009 151516 4051242192040000 Birch Bay Lighting 84 020 56.70 1010 151519 4051242201510000 Birch Bay Lighting 84 020 50.00 1011 151520 4051242202400000 Birch Bay Lighting 84 020 38.90 1012 151524 4051242242020000 Birch Bay Lighting 84 020 57.80 1013 151525 4051242242160000 Birch Bay Lighting 84 020 57.30 1014 151526 4051242242250000 Birch Bay Lighting 84 020 57.30 1015 151527 4051242242370000 Birch Bay Lighting 84 020 45.00 1016 151528 4051242242470000 Birch Bay Lighting 84 020 69.80 1017 151529 4051242251490000 Birch Bay Lighting 84 020 50.00 1018 151531 4051242272350000 Birch Bay Lighting 84 020 35.50 1019 151535 4051242291470000 Birch Bay Lighting 84 020 50.00 1020 151536 4051242291990000 Birch Bay Lighting 84 020 60.00 1021 151537 4051242292120000 Birch Bay Lighting 84 020 71.00 1022 151538 4051242292210000 Birch Bay Lighting 84 020 71.00 1023 151539 4051242292460000 Birch Bay Lighting 84 020 50.00 1024 151541 4051242331450000 Birch Bay Lighting 84 020 50.00 1025 151544 4051242342330000 Birch Bay Lighting 84 020 35.50 1026 151545 4051242351960000 Birch Bay Lighting 84 020 40.00 1027 151546 4051242352080000 Birch Bay Lighting 84 020 70.00 1028 151547 4051242352210000 Birch Bay Lighting 84 020 70.00 1029 151548 4051242352310000 Birch Bay Lighting 84 020 71.00 1030 151549 4051242352450000 Birch Bay Lighting 84 020 65.40 1031 151551 4051242381430000 Birch Bay Lighting 84 020 50:00 1032 151555 4051242402280000 Birch Bay Lighting 84 020 70.00 1033 151558 4051242412050000 Birch Bay Lighting 84 020 70.00 1034 151559 4051242412160000 Birch Bay Lighting 84 020 70.00 1035 151561 4051242421410000 Birch Bay Lighting 84 020 50.00 1036 151562 4051242421920000 Birch Bay Lighting 84 020 100.00 1037 151563 4051242422490000 Birch Bay Lighting 84 020 66.40 1038 151564 4051242442390000 Birch Bay Lighting 84 020 43.90 1039 151565 4051242461390000 Birch Bay Lighting 84 020 50.00 1040 151567 4051242471900000 Birch Bay Lighting 84 020 81.50 1041 151568 4051242472020000 Birch Bay Lighting 84 020 70.00 1042 151569 4051242472130000 Birch Bay Lighting 84 020 70.00 1043 151570 4051242472260000 Birch Bay Lighting 84 020 70.00 1044 151571 4051242482510000 Birch Bay Lighting 84 020 72.90 1045 151572 4051242501740000 Birch Bay Lighting 84 020 100.00 1046 151574 4051242552290000 Birch Bay Lighting 84 020 50.00 1047 151575 4051242562340000 Birch Bay Lighting 84 020 70.00 1048 151576 4051242562410000 Birch Bay Lighting 84 020 61.00 1049 151577 4051242562460000 Birch Bay Lighting 84 020 61.00 1050 151578 4051242562520000 Birch Bay Lighting 84 020 61.00 1051 151579 4051242562590000 Birch Bay Lighting 84 020 90.00 Page 24 of 39 396 EXHIBIT A 1052 151580 4051242571950000 Birch Bay Lighting 84 020 50.00 1053 151581 4051242572150000 Birch Bay Lighting 84 020 100.00 1054 151584 4051242591830000 Birch Bay Lighting 84 020 75.00 1055 151586 4051242591890000 Birch Bay Lighting 84 020 50.00 1056 151587 4051242601310000 Birch Bay Lighting 84 020 100.00 1057 176752 4051242602040000 Birch Bay Lighting 84 020 150.00 1058 151593 4051243031770000 Birch Bay Lighting 84 020 23.10 1059 151594 4051243041610000 Birch Bay Lighting 84 020 46.30 1060 151595 4051243041940000 Birch Bay Lighting 84 020 49.20 1061 151596 4051243051760000 Birch Bay Lighting 84 020 23.20 1062 151597 4051243081380000 Birch Bay Lighting 84 020 330.00 1063 151598 4051243091580000 Birch Bay Lighting 84 020 46.30 1064 151599 4051243091730000 Birch Bay Lighting 84 020 46.30 . 1065 151600 4051243091920000 Birch Bay Lighting 84 020 49.20 1066 151602 4051243131560000 Birch Bay Lighting 84 020 46.30 1067 151603 4051243131710000 Birch Bay Lighting 84 020 46.30 1068 151604 4051243131900000 Birch Bay Lighting 84 020 57.80 1069 151605 4051243152030000 Birch Bay Lighting 84 020 220.00 1070 151608 4051243171540000 Birch Bay Lighting 84 020 46.30 1071 151609 4051243171690000 Birch Bay Lighting 84 020 46.30 1072 151611 4051243191890000 Birch Bay Lighting 84 020 57.80 1073 151612 4051243201670000 Birch Bay Lighting 84 020 46.30 1074 151613 4051243211510000 Birch Bay Lighting 84 020 46.30 1075 151615 4051243231120000 Birch Bay Lighting 84 020 90.00 1076 151616 4051243231850000 Birch Bay Lighting 84 020 57.80 1077 151617 4051243241620000 Birch Bay Lighting 84 020 0.00 1078 151618 4051243241690000 Birch Bay Lighting 84 020 46.30 1079 151619 4051243251490000 Birch Bay Lighting 84 020 46.30 1080 151624 4051243281610000 Birch Bay Lighting 84 020 0.00 1081 151625 4051243282490000 Birch Bay Lighting 84 020 565.00 1082 151626 4051243291470000 Birch Bay Lighting 84 020 46.30 1083 151627 4051243291660000 Birch Bay Lighting 84 020 46.30 1084 151628 4051243291840000 Birch Bay Lighting 84 020 57.80 1085 151630 4051243322080000 Birch Bay Lighting 84 020 150.00 1086 151631 4051243331250000 Birch Bay Lighting 84 020 100.00 1087 151632 4051243331450000 Birch Bay Lighting 84 020 46.30 1088 151633 4051243331600000 Birch Bay Lighting 84 020 46.30 1089 151635 4051243331940000 Birch Bay Lighting 84 020 50.00 1090 151638 4051243341820000 Birch Bay Lighting 84 020 67.80 1091 151639 4051243341990000 Birch Bay Lighting 84 020 50.00 1092 151640 4051243361430000 Birch Bay Lighting 84 020 0.00 1093 151641 4051243362030000 Birch Bay Lighting 84 020 50.00 1094 151643 4051243382290000 Birch Bay Lighting 84 020 55.00 1095 151644 4051243391550000 Birch Bay Lighting 84 020 46.30 Page 25 of 39 397 EXHIBIT A 1096 151645 4051243391620000 Birch Bay Lighting 84 020 81.90 1097 151646 4051243391760000 Birch Bay Lighting 84 020 40.00 1098 151647 4051243391850000 Birch Bay Lighting 84 020 102.30 1099 151649 4051243411420000 Birch Bay Lighting 84 020 46.30 1100 151650 4051243431050000 Birch Bay Lighting 84 020 50.00 1101 151651 4051243442310000 Birch Bay Lighting 84 020 50.00 1102 151653 4051243451370000 Birch Bay Lighting 84 020 48.30 1103 151656 4051243451620000 Birch Bay Lighting 84 020 40.00 1104 151657 4051243471030000 Birch Bay Lighting 84 020 50.00 1105 151659 4051243481770000 Birch Bay Lighting 84 020 60.00 1106 151660 4051243481870000 Birch Bay Lighting 84 020 64.60 1107 151661 4051243481940000 Birch Bay Lighting 84 020 50.00 1108 151662 4051243482080000 Birch Bay Lighting 84 020 55.00 1109 151668 4051243492310000 Birch Bay Lighting 84 020 50.00 1110 151669 4051243492330000 Birch Bay Lighting 84 020 20.00 1111 174422 4051243501970000 Birch Bay Lighting 84 020 50.00 1112 174423 4051243502020000 Birch Bay Lighting 84 020 50.00 1113 151671 4051243511420000 Birch Bay Lighting 84 020 79.61 1114 151672 4051243521010000 Birch Bay Lighting 84 020 50.00 1115 151673 4051243531770000 Birch Bay Lighting 84 020 50.00 1116 151676 4051243532090000 Birch Bay Lighting 84 020 55.00 1117 151677 4051243541590000 Birch Bay Lighting 84 020 120.00 1118 151678 4051243542310000 Birch Bay Lighting 84 020 50.00 1119 151679 4051243542320000 Birch Bay Lighting 84 020 50.00 1120 151680 4051243542470000 Birch Bay Lighting 84 020 50.00 1121 151682 4051243542570000 Birch Bay Lighting 84 020 50.00 1122 151683 4051243560980000 Birch Bay Lighting 84 020 50.00 1123 151684 4051243561460000 Birch Bay Lighting 84 020 86.00 1124 151685 4051243581990000 Birch Bay Lighting 84 020 50.00 1125 151686 4051243591370000 Birch Bay Lighting 84 020 101.70 1126 151688 4051243591790000 Birch Bay Lighting 84 020 50.00 1127 151689 4051243592310000 Birch Bay Lighting 84 020 50.00 1128 151690 4051243592320000 Birch Bay Lighting 84 020 50.00 1129 151691 4051243592570000 Birch Bay Lighting 84 020 50.00 1130 151692 4051243600940000 Birch Bay Lighting 84 020 50.00 1131 151694 4051243601580000 Birch Bay Lighting 84 020 31.40 1132 151695 4051243602470000 Birch Bay Lighting 84 020 50.00 1133 151698 4051243631790000 Birch Bay Lighting 84 020 50.00 1134 151699 4051243631990000 Birch Bay Lighting 84 020 50.00 1135 151700 4051243642470000 Birch Bay Lighting 84 020 50.00 1136 151701 4051243642570000 Birch Bay Lighting 84 020 50.00 1137 151702 4051243650940000 Birch Bay Lighting 84 020 50.00 1138 151705 4051243651600000 Birch Bay Lighting 84 020 40.00 1139 151706 4051243652310000 Birch Bay Lighting 84 020 50.00 Page 26 of 39 No EXHIBIT A 1140 151707 4051243671790000 Birch Bay Lighting 84 020 25.00 1141 151708 4051243672330000 Birch Bay Lighting 84 020 100.00 1142 151709 4051243691630000 Birch Bay Lighting 84 020 56.90 1143 151710 4051243692000000 Birch Bay Lighting 84 020 50.00 1144 151712 4051243692310000 Birch Bay Lighting 84 020 50.00 1145 151714 4051243692470000 Birch Bay Lighting 84 020 50.00 1146 151715 4051243692570000 Birch Bay Lighting 84 020 50.00 1147 151716 4051243700920000 Birch Bay Lighting 84 020 50.00 1148 151718 4051243701790000 Birch Bay Lighting 84 020 25.00 1149 151719 4051243731790000 Birch Bay Lighting 84 020 50.00 1150 151720 4051243732310000 Birch Bay Lighting 84 020 50.00 1151 151721 4051243732470000 Birch Bay Lighting 84 020 50.00 1152 151722 4051243732570000 Birch Bay Lighting 84 020 50.00 1153 151726 4051243742320000 Birch Bay Lighting 84 020 50.00 1154 151727 4051243750860000 Birch Bay Lighting 84 020 100.00 1155 151730 4051243751400000 Birch Bay Lighting 84 020 156.20 1156 151731 4051243751510000 Birch Bay Lighting 84 020 115.00 1157 151732 4051243752000000 Birch Bay Lighting 84 020 75.00 1158 151734 4051243772310000 Birch Bay Lighting 84 020 50.00 1159 151736 4051243781800000 Birch Bay Lighting 84 020 89.60 1160 151738 4051243791550000 Birch Bay Lighting 84 020 60.00 1161 151740 4051243821400000 Birch Bay Lighting 84 020 46.20 1162 151741 4051243821880000 Birch Bay Lighting 84 020 40.00 1163 151742 4051243821940000 Birch Bay Lighting 84 020 40.00 1164 151743 4051243822010000 Birch Bay Lighting 84 020 40.00 1165 151744 4051243822050000 Birch Bay Lighting 84 020 40.00 1166 151745 4051243822100000 Birch Bay Lighting 84 020 65.00 1167 151746 4051243822290000 Birch Bay Lighting 84 020 55.00 1168 151747 4051243822350000 Birch Bay Lighting 84 020 100.00 1169 151748 4051243822600000 Birch Bay Lighting 84 020 100.00 1170 151750 4051243831830000 Birch Bay Lighting 84 020 101.40 1171 151751 4051243831970000 Birch Bay Lighting 84 020 40.00 1172 151752 4051243832180000 Birch Bay Lighting 84 020 0.00 1173 151753 4051243832230000 Birch Bay Lighting 84 020 50.00 1174 151754 4051243832450000 Birch Bay Lighting 84 020 100.00 1175 151755 4051243832500000 Birch Bay Lighting 84 020 54.40 1176 151757 4051243832540000 Birch Bay Lighting 84 020 27.20 1177 151758 4051243841600000 Birch Bay Lighting 84 020 60.00 1178 151759 4051243850850000 Birch Bay Lighting 84 020 100.00 1179 151760 4051243861410000 Birch Bay Lighting 84 020 46.20 1180 151762 4051243871650000 Birch Bay Lighting 84 020 60.00 1181 151763 4051243882560000 Birch Bay Lighting 84 020 27.20 1182 151764 4051243901720000 Birch Bay Lighting 84 020 60.00 1183 151765 4051243911430000 Birch Bay Lighting 84 020 46.20 Page 27 of 39 399 EXHIBIT A 1184 151766 4051243920800000 Birch Bay Lighting 84 020 50.00 1185 151767 4051243921830000 Birch Bay Lighting 84 020 56.00 1186 151769 4051243942580000 Birch Bay Lighting 84 020 100.00 1187 151770 4051243951430000 Birch Bay Lighting 84 020 46.20 1188 151771 4051243951880000 Birch Bay Lighting 84 020 50.00 1189 151772 4051243952080000 Birch Bay Lighting 84 020 100.00 1190 151773 4051243960780000 Birch Bay Lighting 84 020 50.00 1191 151774 4051243961710000 Birch Bay Lighting 84 020 45.00 1192 151775 4051243961930000 Birch Bay Lighting 84 020 50.00 1193 151776 4051243961980000 Birch Bay Lighting 84 020 50.00 1194 151777 4051243962030000 Birch Bay Lighting 84 020 50.00 1195 151778 4051243962180000 Birch Bay Lighting 84 020 97.00 1196 151779 4051243962250000 Birch Bay Lighting 84 020 113.00 1197 151781 4051243962450000 Birch Bay Lighting 84 020 100.00 1198 151782 4051243962490000 Birch Bay Lighting 84 020 50.00 1199 151784 4051243972330000 Birch Bay Lighting 84 020 125.00 1200 151786 4051243981610000 Birch Bay Lighting 84 020 92.40 1201 151787 4051243981830000 Birch Bay Lighting 84 020 44.00 1202 151788 4051244001430000 Birch Bay Lighting 84 020 46.20 1203 151790 4051244011710000 Birch Bay Lighting 84 020 45.00 1204 151791 4051244022320000 Birch Bay Lighting 84 020 25.00 1205 151792 4051244022480000 Birch Bay Lighting 84 020 50.00 1206 151793 4051244030740000 Birch Bay Lighting 84 020 75.00 1207 151794 4051244031880000 Birch Bay Lighting 84 020 50.00 1208 151795 4051244032040000 Birch Bay Lighting 84 020 50.00 1209 151796 4051244032210000 Birch Bay Lighting 84 020 50.00 1210 151798 4051244032440000 Birch Bay Lighting 84 020 50.00 1211 151799 4051244032580000 Birch Bay Lighting 84 020 50.00 1212 151802 4051244051430000 Birch Bay Lighting 84 020 46.20 1213 151803 4051244051620000 Birch Bay Lighting 84 020 46.20 1214 151804 4051244051710000 Birch Bay Lighting 84 020 45.00 1215 151806 4051244080710000 Birch Bay Lighting 84 020 75.00 1216 151807 4051244081890000 Birch Bay Lighting 84 020 50.00 1217 151808 4051244082040000 Birch Bay Lighting 84 020 50.00 1218 151809 4051244082310000 Birch Bay Lighting 84 020 50.00 1219 151810 4051244082470000 Birch Bay Lighting 84 020 50.00 1220 151811 4051244082580000 Birch Bay Lighting 84 020 50.00 1221 151813 4051244091440000 Birch Bay Lighting 84 020 45.00 1222 151814 4051244091620000 Birch Bay Lighting 84 020 45.00 1223 151815 4051244091710000 Birch Bay Lighting 84 020 45.00 1224 151816 4051244092200000 Birch Bay Lighting 84 020 75.00 1225 151817 4051244102040000 Birch Bay Lighting 84 020 50.00 1226 151818 4051244122330000 Birch Bay Lighting 84 020 50.00 1227 151819 4051244122470000 Birch Bay Lighting 84 020 50.00 Page 28 of 39 m EXHIBIT A 1228 151820 4051244122580000 Birch Bay Lighting 84 020 50.00 1229 151821 4051244130670000 Birch Bay Lighting 84 020 50.00 1230 151822 4051244131720000 Birch Bay Lighting 84 020 45.00 1231 151823 4051244131900000 Birch Bay Lighting 84 020 50.00 1232 151824 4051244141440000 Birch Bay Lighting 84 020 45.00 1233 151825 4051244141620000 Birch Bay Lighting 84 020 45.00 1234 151827 4051244171900000 Birch Bay Lighting 84 020 50.00 1235 151828 4051244172210000 Birch Bay Lighting 84 020 75.00 1236 151829 4051244172330000 Birch Bay Lighting 84 020 50.00 1237 151831 4051244172470000 Birch Bay Lighting 84 020 50.00 1238 151832 4051244172580000 Birch Bay Lighting 84 020 50.00 1239 151834 4051244181440000 Birch Bay Lighting 84 020 45.00 1240 151835 4051244181620000 Birch Bay Lighting 84 020 45.00 1241 151836 4051244181710000 Birch Bay Lighting 84 020 45.00 1242 151837 4051244182040000 Birch Bay Lighting 84 020 50.00 1243 151839 4051244221440000 Birch Bay Lighting 84 020 45.00 1244 151840 4051244221620000 Birch Bay Lighting 84 020 45.00 1245 151841 4051244221710000 Birch Bay Lighting 84 020 45.00 1246 151843 4051244222000000 Birch Bay Lighting 84 020 50.00 1247 151845 4051244222220000 Birch Bay Lighting 84 020 69.95 1248 151846 4051244222300000 Birch Bay Lighting 84 020 69.42 1249 151847 4051244232470000 Birch Bay Lighting 84 020 67.50 1250 151848 4051244232580000 Birch Bay Lighting 84 020 50.00 1251 151849 4051244241850000 Birch Bay Lighting 84 020 95.00 1252 151851 4051244270830000 Birch Bay Lighting 84 020 50.00 1253 151853 4051244271480000 Birch Bay Lighting 84 020 45.00 1254 151854 4051244271620000 Birch Bay Lighting 84 020 45.00 1255 151855 4051244271710000 Birch Bay Lighting 84 020 45.00 1256 151860 4051244292000000 Birch Bay Lighting 84 020 90.00 1257 151862 4051244292580000 Birch Bay Lighting 84 020 87.50 1258 151864 4051244302200000 Birch Bay Lighting 84 020 69.95 1259 151865 4051244302330000 Birch Bay Lighting 84 020 69.42 1260 151866 4051244302470000 Birch Bay Lighting 84 020 72.50 1261 151868 4051244311420000 Birch Bay Lighting 84 020 45.00 1262 151870 4051244311620000 Birch Bay Lighting 84 020 45.00 1263 151871 4051244311680000 Birch Bay Lighting 84 020 45.00 1264 151872 4051244311850000 Birch Bay Lighting 84 020 45.00 1265 151879 4051244350960000 Birch Bay Lighting 84 020 13.60 1266 151880 4051244360760000 Birch Bay Lighting 84 020 42.33 1267 151883 4051244360830000 Birch Bay Lighting 84 020 37.00 1268 151885 4051244400740000 Birch Bay Lighting 84 020 50.00 1269 151886 4051244400950000 Birch Bay Lighting 84 020 21.60 1270 151887 4051244430700000 Birch Bay Lighting 84 020 50.00 1271 151889 4051244430920000 Birch Bay Lighting 84 020 50.00 Page 29 of 39 401 EXHIBIT A 1272 151890 4051244450650000 Birch Bay Lighting 84 020 50.00 1273 151891 4051244460880000 Birch Bay Lighting 84 020 50.00 1274 151892 4051244490700000 Birch Bay Lighting 84 020 50.00 1275 151893 4051244490850000 Birch Bay Lighting 84 020 50.00 1276 151894 4051244500640000 Birch Bay Lighting 84 020 35.10 1277 151896 4051244530810000 Birch Bay Lighting 84 020 50.00 1278 151897 4051244541010000 Birch Bay Lighting 84 020 30.00 1279 151899 4051244560590000 Birch Bay Lighting 84 020 36.70 1280 151900 4051244570780000 Birch Bay Lighting 84 020 50.00 1281 151901 4051244570930000 Birch Bay Lighting 84 020 50.00 1282 151902 4051244580570000 Birch Bay Lighting 84 020 50.00 1283 151905 4051244600520000 Birch Bay Lighting 84 020 45.00 1284 151906 4051244600740000 Birch Bay Lighting 84 020 50.00 1285 151910 4051244610890000 Birch Bay Lighting 84 020 50.00 1286 151911 4051244621210000 Birch Bay Lighting 84 020 60.00 1287 151963 4051244650720000 Birch Bay Lighting 84 020 50.00 1288 151967 4051244660500000 Birch Bay Lighting 84 020 105.00 1289 151968 4051244670840000 Birch Bay Lighting 84 020 100.00 1290 151971 4051244711080000 Birch Bay Lighting 84 020 50.00 1291 151974 4051244720800000 Birch Bay Lighting 84 020 50.00 1292 151975 4051244740430000 Birch Bay Lighting 84 020 50.00 1293 151976 4051244741050000 Birch Bay Lighting 84 020 50.00 1294 151978 4051244750650001 Birch Bay Lighting 84 020 25.00 1295 151979 4051244750650002 Birch Bay Lighting 84 020 25.00 1296 151980 4051244750650003 Birch Bay Lighting 84 020 25.00 1297 151981 4051244750650004 Birch Bay Lighting 84 020 25.00 1298 151982 4051244750650005 Birch Bay Lighting 84 020 25.00 1299 151983 4051244750650006 Birch Bay Lighting 84 020 25.00 1300 151984 4051244750650007 Birch Bay Lighting 84 020 25.00 1301 151985 4051244750650008 Birch Bay Lighting 84 020 25.00 1302 151988 4051244770780000 Birch Bay Lighting 84 020 50.00 1303 151989 4051244781010000 Birch Bay Lighting 84 020 50.00 1304 151991 4051244800740000 Birch Bay Lighting 84 020 50.00 1305 151992 4051244820530000 Birch Bay Lighting 84 020 50.00 1306 151993 4051244820980000 Birch Bay Lighting 84 020 50.00 1307 151997 4051244840700000 Birch Bay Lighting 84 020 50.00 1308 151998 4051244850950000 Birch Bay Lighting 84 020 50.00 1309 151999 4051244851090000 Birch Bay Lighting 84 020 50.00 1310 152000 4051244860570000 Birch Bay Lighting 84 020 58.00 1311 152001 4051244881050000 Birch Bay Lighting 84 020 50.00 1312 152003 4051244890910000 Birch Bay Lighting 84 020 50.00 1313 152004 4051244900650000 Birch Bay Lighting 84 020 75.40 1314 152010 4051244911030000 Birch Bay Lighting 84 020 50.00 1315 152016 4051244930880000 Birch Bay Lighting 84 020 50.00 Page 30 of 39 402 EXHIBIT A 1316 152019 4051244960470000 Birch Bay Lighting 84 020 71.00 1317 152020 4051244960850000 Birch Bay Lighting 84 020 50.00 1318 152021 4051244960990000 Birch Bay Lighting 84 020 50.00 1319 152022 4051244961230000 Birch Bay Lighting 84 020 47.00 1320 152025 4051244970280001 Birch Bay Lighting 84 020 8.00 1321 152026 4051244970280002 Birch Bay Lighting 84 020 8.00 1322 152027 4051244970280003 Birch Bay Lighting 84 020 8.00 1323 152028 4051244970280004 Birch Bay Lighting 84 020 8.00 1324 152029 4051244970280005 Birch Bay Lighting 84 020 8.00 1325 152030 4051244970280006 Birch Bay Lighting 84 020 8.00 1326 152031 4051244970280007 Birch Bay Lighting 84 020 8.00 1327 152032 4051244970280008 Birch Bay Lighting 84 020 8.00 1328 152033 4051244970280009 Birch Bay Lighting 84 020 8.00 1329 152034 4051244970280010 Birch Bay Lighting 84 020 8.00 1330 152035 4051244970280011 Birch Bay Lighting 84 020 8.00 1331 152036 4051244970280012 Birch Bay Lighting 84 020 8.00 1332 152037 4051244970280013 Birch Bay Lighting 84 020 8.00 1333 152038 4051244970280014 Birch Bay Lighting 84 020 8.00 1334 152039 4051244970280015 Birch Bay Lighting 84 020 8.00 1335 152040 4051244970280016 Birch Bay Lighting 84 020 8.00 1336 152041 4051244970280017 Birch Bay Lighting 84 020 8.00 1337 152042 4051244970280018 Birch Bay Lighting 84 020 8.00 1338 152043 4051244970280019 Birch Bay Lighting 84 020 8.00 1339 152044 4051244970280020 Birch Bay Lighting 84 020 8.00 1340 152045 4051244970280021 Birch Bay Lighting 84 020 8.00 1341 152046 4051244970280022 Birch Bay Lighting 84 020 8.00 1342 152047 4051244970280023 Birch Bay Lighting 84 020 8.00 1343 152048 4051244970280024 Birch Bay Lighting 84 020 8.00 1344 152049 4051244970280025 Birch Bay Lighting 84 020 8.00 1345 152050 4051244970280026 Birch Bay Lighting 84 020 8.00 1346 152053 4051244990960000 Birch Bay Lighting 84 020 50.00 1347 152054 4051244991150000 Birch Bay Lighting 84 020 50.00 1348 152055 4051245000810000 Birch Bay Lighting 84 020 50.00 1349 152058 4051245020540000 Birch Bay Lighting 84 020 27.40 1350 152059 4051245021110000 Birch Bay Lighting 84 020 50.00 1351 152061 4051245030920000 Birch Bay Lighting 84 020 50.00 1352 152062 4051245050150000 Birch Bay Lighting 84 020 50.00 1353 152063 4051245060500000 Birch Bay Lighting 84 020 50.00 1354 152065 4051245070750000 Birch Bay Lighting 84 020 89.20 1355 152066 4051245070880000 Birch Bay Lighting 84 020 50.00 1356 152067 4051245071060000 Birch Bay Lighting 84 020 50.00 1357 152069 4051245100110000 Birch Bay Lighting 84 020 25.00 1358 152070 4051245100470000 Birch Bay Lighting 84 020 58.70 1359 152071 4051245101080000 Birch Bay Lighting 84 020 50.00 Page 31 of 39 403 EXHIBIT A 1360 152077 4051245120840000 Birch Bay Lighting 84 020 90.00 1361 152078 4051245130430000 Birch Bay Lighting 84 020 50.00 1362 152079 4051245130690000 Birch Bay Lighting 84 020 139.00 1363 152080 4051245131120000 Birch Bay Lighting 84 020 50.00 1364 152094 4051245161160000 Birch Bay Lighting 84 020 50.00 1365 152095 4051245170390000 Birch Bay Lighting 84 020 50.00 1366 152099 4051245190800000 Birch Bay Lighting 84 020 93.50 1367 152100 4051245200170000 Birch Bay Lighting 84 020 25.00 1368 152101 4051245200950000 Birch Bay Lighting 84 020 50.20 1369 152102 4051245201190000 Birch Bay Lighting 84 020 50.00 1370 152103 4051245210350000 Birch Bay Lighting 84 020 50.00 1371 152104 4051245210620000 Birch Bay Lighting 84 020 50.00 1372 152105 4051245220600000 Birch Bay Lighting 84 020 10.00 1373 152108 4051245230090000 Birch Bay Lighting 84 020 33.33 1374 152109 4051245230990000 Birch Bay Lighting 84 020 50.20 1375 152110 4051245231230000 Birch Bay Lighting 84 020 50.00 1376 152112 4051245240320000 Birch Bay Lighting 84 020 50.00 1377 152114 4051245250740000 Birch Bay Lighting 84 020 50.00 1378 152117 4051245261020000 Birch Bay Lighting 84 020 50.20 1379 152118 4051245271260000 Birch Bay Lighting 84 020 50.00 1380 152120 4051245280280000 Birch Bay Lighting 84 020 50.00 1381 152121 4051245280560000 Birch Bay Lighting 84 020 60.00 1382 152122 4051245280680000 Birch Bay Lighting 84 020 50.00 1383 152123 4051245280860000 Birch Bay Lighting 84 020 50.00 1384 152124 4051245290020000 Birch Bay Lighting 84 020 16.67 1385 152126 4051245300910000 Birch Bay Lighting 84 020 50.00 1386 152127 4051245301060000 Birch Bay Lighting 84 020 50.20 1387 152128 4051245310250000 Birch Bay Lighting 84 020 50.00 1388 152129 4051245310710000 Birch Bay Lighting 84 020 50.00 1389 152130 4051245311290000 Birch Bay Lighting 84 020 84.50 1390 152131 4051245320510000 Birch Bay Lighting 84 020 50.00 1391 152132 4051245331100000 Birch Bay Lighting 84 020 50.20 1392 152134 4051245340210000 Birch Bay Lighting 84 020 60.00 1393 152135 4051245340940000 Birch Bay Lighting 84 020 50.00 1394 152136 4051245360480000 Birch Bay Lighting 84 020 50.00 1395 152137 4051245360630000 Birch Bay Lighting 84 020 61.50 1396 152138 4051245361140000 Birch Bay Lighting 84 020 50.20 1397 152139 4051245370180000 Birch Bay Lighting 84 020 50.00 1398 152140 4051245380780000 Birch Bay Lighting 84 020 95.20 1399 152141 4051245381190000 Birch Bay Lighting 84 020 50.20 1400 152142 4051245390970000 Birch Bay Lighting 84 020 50.00 1401 152143 4051245400140000 Birch Bay Lighting 84 020 50.00 1402 152144 4051245400460000 Birch Bay Lighting 84 020 50.00 1403 152146 4051245400590000 Birch Bay Lighting 84 020 50.00 Page 32 of 39 m i2Mar.3M_1 1404 152147 4051245401230000 Birch Bay Lighting 84 020 25.20 1405 152149 4051245421000000 Birch Bay Lighting 84 020 50.00 1406 152150 4051245430410000 Birch Bay Lighting 84 020 50.00 1407 152154 4051245441050000 Birch Bay Lighting 84 020 50.00 1408 152155 4051245450550000 Birch Bay Lighting 84 020 91.00 1409 152156 4051245460060000 Birch Bay Lighting 84 020 25.00 1410 152157 4051245460380000 Birch Bay Lighting 84 020 49.10 1411 152158 4051245470710000 Birch Bay Lighting 84 020 49.30 1412 152159 4051245471230000 Birch Bay Lighting 84 020 82.30 1413 152161 4051245480750000 Birch Bay Lighting 84 020 50.00 1414 152162 4051245480800000 Birch Bay Lighting 84 020 50.00 1415 152163 4051245480850000 Birch Bay Lighting 84 020 45.60 1416 152164 4051245480900000 Birch Bay Lighting 84 020 136.30 1417 152165 4051245481080000 Birch Bay Lighting 84 020 50.00 1418 152168 4051245490140000 Birch Bay Lighting 84 020 30.00 1419 152169 4051245490640000 Birch Bay Lighting 84 020 139.90 1420 152170 4051245500340000 Birch Bay Lighting 84 020 49.10 1421 152171 4051245500480000 Birch Bay Lighting 84 020 59.00 1422 152172 4051245521120000 Birch Bay Lighting 84 020 50.00 1423 152174 4051245530090000 Birch Bay Lighting 84 020 45.00 1424 152175 4051245530300000 Birch Bay Lighting 84 020 50.00 1425 152176 4051245530440000 Birch Bay Lighting 84 020 53.10 1426 152177 4051245531250000 Birch Bay Lighting 84 020 65.00 1427 152183 4051245541160000 Birch Bay Lighting 84 020 50.00 1428 152191 4051245580400000 Birch Bay Lighting 84 020 17.00 1429 152192 4051245580550000 Birch Bay Lighting 84 020 85.40 1430 152193 4051245580600000 Birch Bay Lighting 84 020 50.00 1431 152194 4051245580660000 Birch Bay Lighting 84 020 50.00 1432 152195 4051245580700000 Birch Bay Lighting 84 020 50.00 1433 152196 4051245580750000 Birch Bay Lighting 84 020 50.00 1434 152197 4051245580800000 Birch Bay Lighting 84 020 50.00 1435 152198 4051245580850000 Birch Bay Lighting 84 020 50.00 1436 152199 4051245580900000 Birch Bay Lighting 84 020 50.00 1437 152200 4051245581250000 Birch Bay Lighting 84 020 15.70 1438 174846 4051245590230000 Birch Bay Lighting 84 020 188.58 1439 152202 4051245590950000 Birch Bay Lighting 84 020 50.00 1440 152203 4051245591000000 Birch Bay Lighting 84 020 85.30 1441 152204 4051245591210000 Birch Bay Lighting 84 020 70.80 1442 152208 4051245610350000 Birch Bay Lighting 84 020 138.20 1443 152209 4051245611160000 Birch Bay Lighting 84 020 65.00 1444 152214 4051255415740000 Birch Bay Lighting 84 020 270.00 1445 152229 4051255425420000 Birch Bay Lighting 84 020 40.00 1446 152230 4051255435460000 Birch Bay Lighting 84 020 40.10 1447 152231 4051255445600000 Birch Bay Lighting 84 020 40.00 Page 33 of 39 405 EXHIBIT A 1448 152232 4051255555630000 Birch Bay Lighting 84 020 40.00 1449 152233 4051255565480000 Birch Bay Lighting 84 020 30.10 1450 152234 4051255575590000 Birch Bay Lighting 84 020 40.00 1451 152235 4051255585450000 Birch Bay Lighting 84 020 40.10 1452 152238 4051255625570000 Birch Bay Lighting 84 020 10.00 1453 152243 4051255685470000 Birch Bay Lighting 84 020 40.00 1454 152244 4051255695430000 Birch Bay Lighting 84 020 40.00 1455 152247 4051255705700000 Birch Bay Lighting 84 020 119.80 1456 152252 4051255725380001 Birch Bay Lighting 84 020 10.08 1457 152253 4051255725380002 Birch Bay Lighting 84 020 10.08 1458 152254 4051255725380003 Birch Bay Lighting 84 020 10.08 1459 152255 4051255725380004 Birch Bay Lighting 84 020 10.08 1460 152256 4051255725380005 Birch Bay Lighting 84 020 10.08 1461 152257 4051255725380006 Birch Bay Lighting 84 020 10.08 1462 152258 4051255725380007 Birch Bay Lighting 84 020 10.08 1463 152259 4051255725380008 Birch Bay Lighting 84 020 10.08 1464 152260 4051255725380009 Birch Bay Lighting 84 020 10.08 1465 152261 4051255725380010 Birch Bay Lighting 84 020 10.08 1466 152262 4051255725380011 Birch Bay Lighting 84 020 10.08 1467 152263 4051255725380012 Birch Bay Lighting 84 020 10.08 1468 152264 4051255725380013 Birch Bay Lighting 84 020 10.08 1469 152265 4051255725380014 Birch Bay Lighting 84 020 10.08 1470 152266 4051255725380015 Birch Bay Lighting 84 020 10.08 1471 152267 4051255725380016 Birch Bay Lighting 84 020 10.07 1472 152268 4051255725380017 Birch Bay Lighting 84 020 10.07 1473 152269 4051255725380018 Birch Bay Lighting 84 020 10.07 1474 152270 4051255765060000 Birch Bay Lighting 84 020 120.00 1475 152631 4051364050900000 Birch Bay Lighting 84 020 27.00 1476 152634 4051364530930000 Birch Bay Lighting 84 020 57.00 1477 152635 4051364540420000 Birch Bay Lighting 84 020 80.00 1478 152636 4051364550700000 Birch Bay Lighting 84 020 46.30 1479 152637 4051364560170000 Birch Bay Lighting 84 020 60.00 1480 152639 4051364580960000 Birch Bay Lighting 84 020 40.00 1481 152640 4051364590770000 Birch Bay Lighting 84 020 40.00 1482 152641 4051364600450000 Birch Bay Lighting 84 020 80.00 1483 152643 4051364610990000 Birch Bay Lighting 84 020 50.00 1484 152644 4051364620090000 Birch Bay Lighting 84 020 40.00 1485 152645 4051364620800000 Birch Bay Lighting 84 020 40.00 1486 152646 4051364630210000 Birch Bay Lighting 84 020 75.00 1487 152647 4051364650820000 Birch Bay Lighting 84 020 40.00 1488 152648 4051364660480000 Birch Bay Lighting 84 020 80.00 1489 152649 4051364661030000 Birch Bay Lighting 84 020 70.00 1490 152650 4051364701060000 Birch Bay Lighting 84 020 40.00 1491 152651 4051364710240000 Birch Bay Lighting 84 020 75.00 Page 34 of 39 m EXHIBIT A 1492 152652 4051364710500000 Birch Bay Lighting 84 020 80.00 1493 152653 4051364710870000 Birch Bay Lighting 84 020 80.00 1494 152654 4051364720110000 Birch Bay Lighting 84 020 80.00 1495 152655 4051364741080000 Birch Bay Lighting 84 020 48.00 1496 152656 4051364750890000 Birch Bay Lighting 84 020 40.00 1497 152658 4051364771110000 Birch Bay Lighting 84 020 40.00 1498 152659 4051364780270000 Birch Bay Lighting 84 020 75.00 1499 152661 4051364780530000 Birch Bay Lighting 84 020 150.00 1500 152662 4051364780930000 Birch Bay Lighting 84 020 40.00 1501 152663 4051364801130000 Birch Bay Lighting 84 020 40.00 1502 152664 4051364810110000 Birch Bay Lighting 84 020 80.00 1503 152666 4051364820940000 Birch Bay Lighting 84 020 40.00 1504 152667 4051364841150000 Birch Bay Lighting 84 020 40.00 1505 152668 4051364850970000 Birch Bay Lighting 84 020 40.00 1506 152669 4051364860300000 Birch Bay Lighting 84 020 75.00 1507 152670 4051364860610000 Birch Bay Lighting 84 020 70.00 1508 152672 4051364871170000 Birch Bay Lighting 84 020 40.00 1509 152673 4051364880990000 Birch Bay Lighting 84 020 40.00 1510 152674 4051364890120000 Birch Bay Lighting 84 020 80.00 1511 152675 4051364901200000 Birch Bay Lighting 84 020 40.00 1512 152677 4051364910650000 Birch Bay Lighting 84 020 70.00 1513 152678 4051364911020000 Birch Bay Lighting 84 020 40.00 1514 152679 4051364930330000 Birch Bay Lighting 84 020 75.00 1515 152680 4051364931230000 Birch Bay Lighting 84 020 40.00 1516 152682 4051364951040000 Birch Bay Lighting 84 020 40.00 1517 152684 4051364970110000 Birch Bay Lighting 84 020 80.00 1518 152686 4051364970670000 Birch Bay Lighting 84 020 78.40 1519 152687 4051364971260000 Birch Bay Lighting 84 020 40.00 1520 152688 4051364981060000 Birch Bay Lighting 84 020 40.00 1521 152689 4051365000360000 Birch Bay Lighting 84 020 75.00 1522 152690 4051365011080000 Birch Bay Lighting 84 020 40.00 1523 152691 4051365011270000 Birch Bay Lighting 84 020 53.20 1524 152694 4051365030730000 Birch Bay Lighting 84 020 69.00 1525 152695 4051365041100000 Birch Bay Lighting 84 020 40.00 1526 152696 4051365041310000 Birch Bay Lighting 84 020 103.10 1527 152697 4051365050110000 Birch Bay Lighting 84 020 80.00 1528 152698 4051365060240000 Birch Bay Lighting 84 020 123.69 1529 152699 4051365070390000 Birch Bay Lighting 84 020 98.80 1530 152700 4051365080770000 Birch Bay Lighting 84 020 70.00 1531 152701 4051365081130000 Birch Bay Lighting 84 020 40.00 1532 152702 4051365101160000 Birch Bay Lighting 84 020 40.00 1533 152703 4051365130820000 Birch Bay Lighting 84 020 70.00 1534 152704 4051365141180000 Birch Bay Lighting 84 020 40.00 1535 152705 4051365180070000 Birch Bay Lighting 84 020 80.20 Page 35 of 39 407 i:V,4:11:]:r_I 1536 152706 4051365180870000 Birch Bay Lighting 84 020 70.00 1537 152707 4051365181550000 Birch Bay Lighting 84 020 85.20 1538 152710 4051365220220000 Birch Bay Lighting 84 020 75.00 1539 152711 4051365220930000 Birch Bay Lighting 84 020 70.00 1540 152712 4051365221210000 Birch Bay Lighting 84 020 38.80 1541 152714 4051365230290000 Birch Bay Lighting 84 020 75.00 1542 152715 4051365230370000 Birch Bay Lighting 84 020 75.00 1543 152716 4051365240110000 Birch Bay Lighting 84 020 40.00 1544 152717 4051365240440000 Birch Bay Lighting 84 020 75.00 1545 152722 4051365260560000 Birch Bay Lighting 84 020 93.10 1546 152723 4051365261310000 Birch Bay Lighting 84 020 10.00 1547 152724 4051365261310001 Birch Bay Lighting 84 020 10.00 1548 152725 4051365261310002 Birch Bay Lighting 84 020 10.00 1549 152726 4051365261310003 Birch Bay Lighting 84 020 10.00 1550 152727 4051365261310004 Birch Bay Lighting 84 020 10.00 1551 152728 4051365261310005 Birch Bay Lighting 84 020 10.00 1552 152729 4051365261310006 Birch Bay Lighting 84 020 10.00 1553 152730 4051365261310007 Birch Bay Lighting 84 020 10.00 1554 152731 4051365261310008 Birch Bay Lighting 84 020 10.00 1555 152732 4051365261310009 Birch Bay Lighting 84 020 10.00 1556 152733 4051365261630000 Birch Bay Lighting 84 020 50.00 1557 152734 4051365270970000 Birch Bay Lighting 84 020 75.00 1558 152737 4051365290630000 Birch Bay Lighting 84 020 93.10 1559 152738 4051365291670000 Birch Bay Lighting 84 020 50.00 1560 152740 4051365311550000 Birch Bay Lighting 84 020 10.00 1561 152741 4051365311710000 Birch Bay Lighting 84 020 50.00 1562 152742 4051365321020000 Birch Bay Lighting 84 020 80.00 1563 152743 4051365341580000 Birch Bay Lighting 84 020 50.00 1564 152744 4051365341750000 Birch Bay Lighting 84 020 50.00 1565 152745 4051365370700000 Birch Bay Lighting 84 020 75.00 1566 152746 4051365371070000 Birch Bay Lighting 84 020 70.00 1567 152747 4051365371620000 Birch Bay Lighting 84 020 50.00 1568 152748 4051365371790000 Birch Bay Lighting 84 020 50.00 1569 152749 4051365380630000 Birch Bay Lighting 84 020 75.00 1570 152750 4051365390070000 Birch Bay Lighting 84 020 77.80 1571 152751 4051365390150000 Birch Bay Lighting 84 020 75.00 1572 152752 4051365390220000 Birch Bay Lighting 84 020 75.00 1573 152753 4051365390290000 Birch Bay Lighting 84 020 75.00 1574 152755 4051365390410000 Birch Bay Lighting 84 020 150.00 1575 152757 4051365390550000 Birch Bay Lighting 84 020 75.00 1576 152758 4051365401650000 Birch Bay Lighting 84 020 50.00 1577 152759 4051365410800000 Birch Bay Lighting 84 020 184.00 1578 152760 4051365421860000 Birch Bay Lighting 84 020 50.00 1579 152761 4051365431540000 Birch Bay Lighting 84 020 41.70 Page 36 of 39 m EXHIBIT A 1580 152762 4051365431700000 Birch Bay Lighting 84 020 50.00 1581 152763 4051365451900000 Birch Bay Lighting 84 020 50.00 1582 152764 4051365461730000 Birch Bay Lighting 84 020 50.00 1583 152765 4051365471550000 Birch Bay Lighting 84 020 50.00 1584 152767 4051365481950000 Birch Bay Lighting 84 020 58.10 1585 172317 4051365491580000 Birch Bay Lighting 84 020 50.00 1586 152768 4051365501810000 Birch Bay Lighting 84 020 50.00 1587 172318 4051365521600000 Birch Bay Lighting 84 020 100.00 1588 152770 4051365521990000 Birch Bay Lighting 84 020 50.10 1589 152771 4051365531850000 Birch Bay Lighting 84 020 50.00 1590 152773 4051365542030000 Birch Bay Lighting 84 020 50.00 1591 152774 4051365562060000 Birch Bay Lighting 84 020 30.00 1592 152776 4051365571890000 Birch Bay Lighting 84 020 59.90 1593 152778 4051365580070000 Birch Bay Lighting 84 020 77.50 1594 152779 4051365580630000 Birch Bay Lighting 84 020 150.00 1595 152780 4051365580780000 Birch Bay Lighting 84 020 75.00 1596 152781 4051365582090000 Birch Bay Lighting 84 020 46.90 1597 152782 4051365590150000 Birch Bay Lighting 84 020 75.00 1598 152783 4051365590220000 Birch Bay Lighting 84 020 75.00 1599 152786 4051365590850000 Birch Bay Lighting 84 020 75.00 1600 152787 4051365590920000 Birch Bay Lighting 84 020 75.00 1601 152788 4051365600290000 Birch Bay Lighting 84 020 75.00 1602 152789 4051365600370000 Birch Bay Lighting 84 020 75.00 1603 152790 4051365600440000 Birch Bay Lighting 84 020 75.00 1604 152791 4051365601760000 Birch Bay Lighting 84 020 61.70 1605 152793 4051365601950000 Birch Bay Lighting 84 020 50.00 1606 152794 4051365631990000 Birch Bay Lighting 84 020 50.00 1607 152795 4051365632170000 Birch Bay Lighting 84 020 42.00 1608 152796 4051365641790000 Birch Bay Lighting 84 020 50.00 1609 152797 4051365642030000 Birch Bay Lighting 84 020 65.30 1610 152798 4051365651250000 Birch Bay Lighting 84 020 60.00 1611 152799 4051365651310000 Birch Bay Lighting 84 020 60.00 1612 152800 4051365661840000 Birch Bay Lighting 84 020 50.00 1613 152801 4051365662210000 Birch Bay Lighting 84 020 50.00 1614 152803 4051365681670000 Birch Bay Lighting 84 020 30.00 1615 152804 4051365692250000 Birch Bay Lighting 84 020 50.00 1616 152805 4051365711890000 Birch Bay Lighting 84 020 50.00 1617 152806 4051365730570000 Birch Bay Lighting 84 020 100.00 1618 152807 4051365730650000 Birch Bay Lighting 84 020 50.00 1619 152808 4051365730700000 Birch Bay Lighting 84 020 50.00 1620 152809 4051365732290000 Birch Bay Lighting 84 020 50.00 1621 152812 4051365740060000 Birch Bay Lighting 84 020 50.15 1622 152813 4051365740100000 Birch Bay Lighting 84 020 50.00 1623 152814 4051365740330000 Birch Bay Lighting 84 020 150.00 Page 37 of 39 e EXHIBIT A 1624 152815 4051365740460000 Birch Bay Lighting 84 020 50.00 1625 152816 4051365740750000 Birch Bay Lighting 84 020 50.00 1626 152817 4051365740820000 Birch Bay Lighting 84 020 70.00 1627 152819 4051365740870000 Birch Bay Lighting 84 020 70.00 1628 152821 4051365740950000 Birch Bay Lighting 84 020 140.00 1629 152823 4051365741520000 Birch Bay Lighting 84 020 55.00 1630 152824 4051365741930000 Birch Bay Lighting 84 020 50.00 1631 152826 4051365750160000 Birch Bay Lighting 84 020 50.00 1632 152827 4051365750230000 Birch Bay Lighting 84 020 100.00 1633 152828 4051365751120000 Birch Bay Lighting 84 020 409.10 1634 152843 4051365762320000 Birch Bay Lighting 84 020 50.00 1635 152845 4051365772050000 Birch Bay Lighting 84 020 94.50 1636 152846 4051365781600000 Birch Bay Lighting 84 020 100.00 1637 152847 4051365781980000 Birch Bay Lighting 84 020 39.20 1638 152848 4051365782110000 Birch Bay Lighting 84 020 91.90 1639 152849 4051365810950000 Birch Bay Lighting 84 020 10.00 1640 152850 4051365811680000 Birch Bay Lighting 84 020 50.00 1641 152851 4051365812410000 Birch Bay Lighting 84 020 56.20 1642 152852 4051365821730000 Birch Bay Lighting 84 020 47.50 1643 152853 4051365822170000 Birch Bay Lighting 84 020 72.00 1644 152854 4051365832240000 Birch Bay Lighting 84 020 92.40 1645 152855 4051365832450000 Birch Bay Lighting 84 020 50.10 1646 152858 4051365851830000 Birch Bay Lighting 84 020 188.00 Page 38 of 39 410 EXHIBIT A As of September 18, 2017, subject to any segregations, combinations, additions, deletions, corrections, or any other changes to parcels on the rolls; the undersigned, does hereby certify to the best of my knowledge, that the attached assessment roll for Birch Bay Lighting District has been prepared in accordance with RCW 36.88, and is a true and correct system of assessment that has been applied within the District to the best of our ability. Signed Date Page 39 of 39 411 WMA TCOM COUNTY CO UNCIL AGENDA BILL NO. 2017-285 CLEARANCES Initial Date Date Received in Council Office Agenda Date Ass- ned to. Originator: AH Q / C� (I-"' (ram Ifs_ ' (� �� 1% ( r� E ^� 1 2017 10/10/17 Council Introduction Division Head:� � C /1 _l � l < 10/24/17 Hearing -7 Dept. Head: /S� �i��'�ATCCOUNTY COUNCIL, Prosecutor: og/ l6/{ / Purchasin /Bud et: A Y Executive: . -e. 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: 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.) 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.• 10/10/2017: 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. 412 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS DIRECTOR MEMORANDUM CIVIC CENTER 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 Telephone: (360) 778-6200 FAX: (360) 778-6201 www. whatcomcounty.m 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. 413 2 PROPOSED BY: Public Works 3 INTRODUCTION DATE: 10/10/2017 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 48 414 I BE IT FURTHER RESOLVED that said purchase of said real property shall not be allowed under contract 2 and shall be paid either in cash, certified check or money order to the Whatcom County Treasurer at the 3 completion of the boundary line adjustment process; and 4 5 BE IT FURTHER RESOLVED that the Whatcom County Treasurer being hereby directed to sell said 6 property at no less than the appraised value of $32,368.00 (thirty two thousand three hundred sixty eight 7 00/100 dollars), that said sale shall take place in accordance with the duties as established in WCC 8 1.10.290-1.10.390 and that if the minimum bid is not reached, the properties shall not be sold; and 9 10 BE IT FURTHER RESOLVED that the sale will not be completed until Buyer has completed the 11 boundary line adjustment process and paid all fees and costs associated with it and has paid the Whatcom 12 County Treasurer the bid award amount. 13 14 15 16 APPROVED this day of 52017 17 18 19 20 21 22 ATTEST: Dana Brown -Davis, County Clerk 23 A PROVED AS TO FORM: 24, 25 c� 26 Chief Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Barry Buchanan, Council Chair 415 Ia ry h e zOtoaOZ# sot! t13d g I � h I 1 p� ui ^5 ti a j L" illeq� ti 11 _-tT_—_ r O a w Cl) U p O Im N O O w N N a w �nzoaobozu soa_ '-fir- -. T� _ ----..`.....-•._•_.-- o 0 0 0- V N O N U I� o X W ,L9'Z99 • MAO ££ ,LS O NN b T O U U o o C 0 d o O a 2 e a zi 0 a N o N± O Q oW� rnNIn k , � r�Y - Caz Zz <z>Z zOCO Z7 dOUO aWrONZ/ �� NrOmVcaJro H Z O Z)N W U oN O a N 0 0 0 O'er O o h y o d 0 of ri tN0 N 0 �. y' O 4 M X NUJ OU x m W m Ut O W O a" U U _ a Q o rn n. v n N > x N W m En W U z Q z Q U U •hb'099 _r. MnN ,L£ , 6 S 417 dOUO aWrONZ/ �� NrOmVcaJro H Z O Z)N W U oN O a N 0 0 0 O'er O o h y o d 0 of ri tN0 N 0 �. y' O 4 M X NUJ OU x m W m Ut O W O a" U U _ a Q o rn n. v n N > x N W m En W U z Q z Q U U •hb'099 _r. MnN ,L£ , 6 S 417 O'er O o h y o d 0 of ri tN0 N 0 �. y' O 4 M X NUJ OU x m W m Ut O W O a" U U _ a Q o rn n. v n N > x N W m En W U z Q z Q U U •hb'099 _r. MnN ,L£ , 6 S 417 417 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 Lan ug age 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. W-01 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-294 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Public Works Originator: JPR 9/27/2017 _ ,...� C=)1 —, r ' G=- �/ r" r1 1 . \v� CL_., I. 1011012017 Committee & Intro. Division Head: JPR 9/27/2017 1012412017 Public Hearing/Adoption Dept. Head: `1 2v J 01/ay/11 Prosecutor: } � KA�.��4�t�� 4WNW Purchasing/Budget: 3,P1 P"'' 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 Pro'ects 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. COMMITTEE ACTION.• COUNCIL ACTION.• 10/10/2017• Discussed 10/10/2017: 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.uslcouncil. UR WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director Joseph P. Rutan, P.E. °oM Co County Engineer/Assistant Director 3` 322 N. Commercial Street, Ste 301 Bellingham, WA 982254042 �°StiH�o� 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 Directo 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 it 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. 420 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 , 2017. 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 421 s $ g s � w 0o0 0._ a E aE w O 7 daz o m C _ 2 �a LL w 0 0i e a=i C m m o 0 o u I ° E w 'O w u w ^ O Q N T N W;15 w o 07 4 0 o V a - o - E °1 in a 9 LL N A LL ci O QIqw I O N y C p _6 g OC LL u OE w w w w w w w w w w w w CD yi E m w t7 m D. c U o ii o d LL 0 'c a' LLp u W y 0 N ` K •� N naN m ory 5 mo y of N tom N N m N E d "� N LLp t Um u �. vu o "a z in LL E i o b U o a C 3 � O � O � E z 'z < `z z z 'z z 0 � o o o 0 Q � 0 00o O N O e o o m cli CN O d O ono �A O) to e � t0 m O n n 0 m � m o m ry = m E d v m �° ° ¢ 50„ E� Eg 2w E E y = m 3�c C m�; Eyc O `mv sol Elm x._a EK nm mAv Dina i¢m c. mom Za'o �5m m ��T N.c ui E� wEE +OUO � G M U. ��° ma Eo .. E3a �° Ee°� cx E'�m ..- Eon ..E5 EEE me Emo N`° Env xE E^x G} z_'a zU 9i9 Z�� Zia Z-'E 9fnx Zw `c Zw� EFZ N Eci ago BEN :o Ea ono E3 B:o 9Ea B° �E� B°6 Ex" n �Ei Bow » io O « u u u oaz w0 N v HD :°'= E vuy A "m �'��°3 a = oo °r' o' `-° Nd �m G ay a .�E E cn3 E v ow E i m W Z ... z ' 0 2 0 o r o LL �' .� o oa N v o r o— a a o ov `m w rt Z E E o u ?? u v c o d m o o .n K o c K E #= v '# o m p ZW a` Imo. m m > U cam u w�>a u 3' ¢5in u �a ~ E c E E O U U�id ��° U o Uo`o O mp)� E O m a ` z K ¢ K K 0 .- K m v K tn K r m m K W ? a` v Z O u u J Q m E o ~ O O Z t o E a m a o r m m .- .- F- ~ aa= Q m U Y N C 6 N � O 0 a 422 Q N O o 9 C x G U LL w w w w w w w o 3 9 p « o U o E :I U O p g W clo U w 1.p o w w w w w w w w V S E 0ci N y O U E HMM W NC/i LL Q O. U N N 4 u m m d m LL It lb m LL tm m N a u V O o` E rn a z Q z ¢ z a zz a z a z ¢ z a z a z a z a` `u J U o 0 0 0 0 0 0 0 o 0oo r o N N o o o 0 <O o O 0 0 V o m o w o a w o v 5 E �v m mE a o Et `9 0 m�� viz od dv �> $NE z ��m v m zm° "o qLc Em� E` �y m of =°, E`cd �v�� qac Ems qmm Zak ZN� 2�c Euo Z'-, Z Zr =i@ Z. Z. Z3� aE< Bea O:LLF Em Bea KLLH aEg Bea KLLI- v E 4 Bea KLLF- a.Ez B ea O: Q'LL1- qEx oea Q:LLF� 9E� aea KLLI- aE� oea KLLI- 9E3 Bea Ww B $ o t m oCZ 'c`' m Z¢'o m o CN m 1O E N ori'j 3 m UN 'mU �� o �m n .. ° `a c c a rn_ m oN Y�1 m c N z o o Nr 2 - m rn oyZci o o, m ``' o ': ¢ d r'v Z ° z �a o mw v _ � 3 E H Q `r E and E m w n C E o o m y U m c�'� E u rnmuLL°:o us = oa E nv n m:° �¢, u c o a. o do a�m °m Jm =m U mm V am c�i E €� -o Q� E~ E s w m O 2 N, m m m m m m m i i i i i S m` u LL u u m E c z d N w 1 ti ry N m 1 m m m I� Y C O N CD � O 3 o 423 ca 0 e A °{ 9 T C G a w U « r E E _ w U5 Q a m a` u E -- a d J V LL z a f w a e m m a v _ a a m K u a a m a N m 2 K $ t a` m } m E 6 z a O N O 424 0 n 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 No FOR ill 425 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 { 5 +3' WDEN GALBRAITH MTN VALLEY I i iW* 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'/2 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 ... -� - etlyz Rd': ' S'jeiFt`d . a z r yy � w �qy 110 tD C[ CL KING , TN . e , 3eltingham eltogg Rd int4 1 Airport 1 , -..,.. W eakerview Rd E Bak! Fed a r Mail Pair Ide 00 Ave.. �, 11. � Leo � - � i_ �{ dic 427 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 TBD Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Due to the nature of this item, no map exists. Location of the new roadway frost depth detectors will be determined in 2018. 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 r_ 7 ry ra Clam .__. "�.. - Be9a. ^�:-t. € 3 Intl jt1©gg Rd' i e y Airport � County Ln. W Bakerview Rd ' y._ _.. E , Bakery ew Rd 9 "ti tr Cr401 . r °1typ 115 "i I �. > $ �'i � . �- w l�p� . P� McLeo i I I c 1 ��r cx Ut !? Aipe, o C9 l r GL0 Ave ...... a- R9 0 °�°0- c S9uahcum Cr.',� l P i LN °v' I 1_ I ;1-c a I' BIER `(7i i "Y r Al�barna St i- I I{ I l {{ R .y �J� lQWa.t i ( e9 Squalicum Harbor I {{ 4 mmm � ff TT t A-1 0 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 Y2 mile of roadway with emphasis on bike/pedestrian and stormwater quality enhancements. This project is listed #R10 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 Bellingham Intl Pdrport M z d' • UK W-Bakervie ....' p McLeod"� . 4 a� a o0 ITI Rd. #F I 0 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 #R11 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 $30,000 Environmental Permitting SEPA, CLR/CAO Right -of -Way Acquisition (Estimate) TBD County Forces (Estimate) TBD Pt. Migley LUMMI NATION IJOCI Ln- ' Srnokehouse Rd. ao'�® s J Lummi Pt. ( 3$ N T37 Gooseberry` Pt. to 4 Centerview Ltd. �- R11 N .v�� .._ _M i ;�`<' _, „, rats Eger,, #= oe Bay RctLe .* Legoe Bay ill The Portage if f q d t �t PORTAGE ISLAND Sunrise Rd.~ yy 431 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. 432 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 R14 T41 N T 40 N Rex Rd. Ui <t 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 TILL Walltine Walltine Rd. Slater Rd. IM m C 0 Lampman Rd 35 M Ulrick Rd.� Tennan r��� l k. E 32 I Slater Rd. Rayhorst 6 Z' m�; harp Q0 5t Lo, J CA LL' ii ME 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 Eon Rtf C 4 0 >_n > 4Dee �7!1P, , .w 3, 3 Bellinger Rd. IX o ? � � r4 cll Of�i I R17 M � . ,__. 3 Y E_ Smith Rd- M___.., � B I CL Son Rd ✓� S ,_ J-1 9� ,ro_"LT. vas. ....... .... i o Harmony Rd. Kellyi R& � ! i Huntley Rd. __....._..._.._ ._� _... a. F i R C" c Vary 4 tyck Rd VAN �WYCK 435 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. 436 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 #1123 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 arl r, Fountain Lk. �.Ev C { jr (D .,..,,..... (q [ 41 E. tole Rd 9 SR 54� T E Teas Mile Rd. € E- Flern-1 Rd. Eazon Lk. E. Hemml Rd. "� RI 3_O[} _ 7'" �, . LAUREL E. Laurel Rd. tdTS E if n Rd 7� _,...... t pd .,." : .............r i CO _ Beringer Rd.j � t� 4 437 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 $Iater'Rd. ?� Kelly: Rd. r ` � _ y Slater Rd RaRydh°rst' $ea ._�a r �Kline f � Shao+ • —� Iva m r _, T Iron Rd t (� O Marie a Av. cS"� � L ��� fti� � Lost Lk. a *� w �d cn KING IN. co, Skagit,U w. rY U 0..m� ��.�.. a• Bellingham °�Cetl0919 yRd Ai port . _# - CountryBakervrew Rd E Bakervrew Rd Bayon-J Rd�� > O �Q°t` R27� Mall a, • cLeo 1 � n rq° Ald �� ..m x Ave ,'. , -. Q �e�a co�� �. d w \� rewo ayG W -- quaHcum� ... - + Nooksa°�Oe s v 3�' a inseetu D<: A R ul �j "RAlabamaiSta y _. Iowa' Squalicum Harbor � 121, r ..- 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 #1131 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) Whatcom County Public Works Project Narrative Marine Drive / Little Squalicum Creels - 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 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 #1133 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 Cre 1 4.�' P- BiRCI SAY Arnie Rd. Arnie Rd. '"— ( Alderson Rd. Tarte Rd. a NTS B3 v 39 N; Bay Rd. Bay Rd. BIRCH BAY STATE PARK Teri P- Grandview Rd CO 441 Whatcom County Public Works Project Narrative N. Lake Samish Road Bridge No. 107 Replacement Study CRP # 913006 Construction Funding Year(s): TBD Project Narrative: This project is located on Lake Samish in Section 27, T37N, RK. This project will 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 (BRAC) Applied for in 2017 State $0 Local $750,000 Environmental Permitting TBD Right -of -Way Acquisition TBD County Forces TBD C� C CHUCKANUT MTN. Cedar Lk. Pine Lk,'�sh 0r, B5 y� S3 A I •u-J uu3�f f i Mud Lk.,," FITS I ice Lk. ! cay Ixe BEE STATE 1RK LostLk. k "-� BLANCHARD MTN. WHATCOM COUNTY 442 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 #B6 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 4. E: Ba#tl tf*R7d "` v` E ro � E. iaGle Rd. SR 544 Green t.k." Beard Rd. ti ®' Central Rd. �� raTs Ten Mlle Rd. f � �s CO E. Hernrni Rd. E. Hernmi Rd. Ten LAUREL , r E. Laurel Rd. 443 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 #67 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 Faxon L. #ar1i Rd'., Osgood Rd. .. GOSHEN Oosen Rd. E. IYio--ter N NTS C", n_ . CEDARVILLE * NW i > UJ,y E. Smith Rd. 0 � PL 42) 1 M 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 #1138 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 Puss Rd. 7 r era h r,.v�t N 445 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 #B9 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 4�. Y .9 W3 c N TJ cNTS co SR 54 a E... Main St" LYNDEN } r �y l�4', j) �k _y 0 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 MN Whatcom Chief 447 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 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 ,k 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 450 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 451 Whatcom County Public Works Project Narrative _ Right of Way Acquisition CRP # 918004 Construction Funding Year(s): 2018-2023 1 Project Narrative: This item addresses the unanticipated need for Right -of -Way that may arise during a given year that requires immediate action. This project is listed #Y2 on the 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. 452 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. Total Estimated Project Cost: $1,800,000 Funding Sources: 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. 453 Whatcom County Public Works Project Narrative Storrnwater Quality Improvements CRP # 918006 I nstruction 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. 454 Whatcom County Public Works __Project Narrative Non -motorized Transportation Improvements CRP # 918007 Construction Funding Year(s): 2018 - 2023 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. Total Estimated Project Cost: $600,000 Expenditures to Date: Funding Sources: Federal $0 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. 455 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. 456 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. 457 WNA TCOM COUNTY COUNCIL AGENDA BILL NO. 2017-295 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: GSS 9127117 ��-, ( 10110117 Council/Introduction Division Head: GSS 9127117 OCT 03 2017 10124117 Public Hearing I 1Z F/'/ 7 Dept. Head.• 7� �N �,j g(,o G OWN Prosecutor: dig 09128117 COUNCIL Purchasing/Budget: Executive: TITLE OF DOCUMENT. Resolution adopting the Six -Year Water Resources Improvement Program (WRIP), 2018-2023 ATTACHMENTS: • Memorandum • Resolution • Six -Year WRIP, 2018-2023 • Pro'ect 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) SUMMARYSTATEMENT 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. 10/10/2017: Introduced 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. W.0i WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS DIRECTOR P NG'io MEMORANDUM NATURAL RESOURCES 322 N. Commercial Street, Suite 120 Bellingham, WA 98225-4042 Phone: (360) 778-6230 Fax: (360) 778-6231 www.whatcomcounty.us 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 459 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 E•1 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 2 461 15 E 3 ®®®®®®®®IMENEa® ®® ®®® MEMEMEMEMOREHOO M NEE V Z c e a E E =o 1f E r 3 N a 3 q S «? o a> e n c n a W c E A 3 o u 3 a y ° « =O- �o «° E� � °`�•' b � « �: °b "�� e $ ry E ! r \/ \} \\ \/ b! §\ 1 & : §§f6f%H§t£// 3/%%//(%%((%(£ - ~ , _ - , f/ �- ]-`� !/ - - a* Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 1 Agate Heights Estate / Bay Lane Database ID No. 07-102 Construction Funding Year(s): 2017 and 2018 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 M Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative 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- 465 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative 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- M Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 4 Silver Beach Creek — Main Channel Database ID No. 07-095 Construction Funding Year(s): 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- 467 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 5 Lowell Drive and Cedarbrook Court Database ID No. 14-003 Construction Funding Year(s): 2022 Project Narrative: End of pipe media filtration and natural drainage system improvements. Project Status: Design in 2020 with construction in 2022. Total Estimated Project Cost: $800,000 Expenditures to Date: $-0- E•: Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative 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- w• Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 7 South Bay Drive Database ID No. 16-010 Construction Funding Year(s): 2024 Project Narrative: System upgrades to improve water quality (treatment vaults and bio-infiltration swales). Project Status: Design in 2022 with construction in 2024. Total Estimated Project Cost: $720,000 Expenditures to Date: $-0- 470 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative 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). Project Status: Design in 2023 with construction in 2025. Total Estimated Project Cost: $760,000 Expenditures to Date: $-0- 471 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 9 Harborview Road Drainage Improvements, Phase 1 Database ID No. 07-217 Construction Funding Year(s): 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: $245,000 472 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: $0 473 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 11 Selder Road Storm Drainage Improvements (1312-4) Database ID No. 07-241 Construction Funding Year(s): 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: $0 474 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 Year(s): 2021 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: $0 475 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. Project Status: 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: $0 476 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 14 Holeman Avenue Storm Drain Improvements Database ID No. 07-242 Construction Funding Year(s): 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: $0 477 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: $300,000 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. MW 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 Terrel► 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 16 479 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 17 Swift Creek Phase 1 Capital Projects Database ID No. 13-0001 BES: 69.6 Construction Funding Year(s): 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 17 H-01%, 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 7, / , 18 H:4 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 19 Swift Creek Repository Sites Database ID No. 13-001 Construction Funding Year(s): 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 4 ` # x� Aa i 3 t U s .s 3, W �ORYkttX fC u �as�vx.4KKlviS 19 MW Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative 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 9C MW Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 21 Deming Levee Improvement Project Database ID No. 07-106 Construction Funding Year(s): 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 �m Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 22 Marine Drive Levee Repair Database ID No. 15-004 Construction Funding Year(s): 2018 Project Narrative: 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 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 E:. Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 24 Rayhorst Levee Improvements Database ID No. 16-001 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 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative 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 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 26 Twin View Levee Improvements Database ID No. 16-002 Construction Funding Year(s): 2020 Narrative: 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 26 9 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 27 Lynden Levee Improvement Database ID No. Construction Funding Year(s): 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: $1,950,000 Expenditures to Date: $0 27 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative 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 M. 491 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative 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 �� Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 30 Abbott Levee Upstream Tie -In Database ID No. 16-007 Construction Funding Year(s): 2024 Project Narrative: 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: $900,000 Expenditures to Date: $0 30 493 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative 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 M Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative Item No. 32 Reach 4 Floodplain Acquisition Database ID No. 07-002 Acquisition Funding Year(s): 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 32 495 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative 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: TBD Expenditures to Date: $792,000 33 E'• Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative 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 34 497 Whatcom County Public Works 2018-2023 Six -Year WRIP Project Narrative 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. Project 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 M WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-196A CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator- JPR �-Introduction ;i �� V LS D 711112017 Council - Nead: JPR 7 6� 712512017 l JUN 3 0 2017 HearinCouncig Dept De t. Head. r' 8/8/2017 PW / Council Prosecular. 06/19/11 WHAM {� � �/ WHATCOM COUN 1 i 9/12/2017 PW / Council PurchasmlBudzet: COUNCIL 10/10/2017 PW / Council .a9 Executive: •7 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 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 floe 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) 10/10/2017: Amended and Introduced 7-0 10/10/2017: Amended and Recommended no pass. Zone version 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 Lon the County's website at:..www.co.whatcom.wa.uslcouncil. awe North Shore - No Pass Final PROPOSED BY: Public Works - Engineering INTRODUCTION DATE: 10/10/2017 ORDINANCE N 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: 30 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. 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. 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 30MPH 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: 500 WHATCOM COUNTY CODE 10.04 SPEED LIMITS 10.04.040 Thirty miles per hour. The speed limit shall be 30 miles per hour on the following roads and streets: NORTH SHORE DRIVE. 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. 10.04.050 Thirty-_f_ive 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. NORTH SHORE DRIVE. North Shore Road from Y Road easterly to Lakeshore Road. located in Section 30, Township 38 North, Range 4 East,_ W.M. 10.04.060 Forty miles per hour. The speed limit shall be 40 miles per hour on the following roads and streets: 501 fZ2 f 4 8 0 ' 42� wnonVnos w 1SInOUNll n z LLJ /We 31VOV E N �LQ U 0 D 0- cn 'a�J 3W aV01 O a8 380HS3>iVI �o w J m f VE V �V1N31?JO w V) (/1 Li Q J J (n O > LiQ w z w m w O 07 p 5 coo 0, WT-TA TrnIVT rnTINTY rOIIN(7L AGENDA BILL NO. 2017-307 CLEARANCES Initial Date _ a .� 1Ze : 've l_in cir =0 .c Agenda Date Assigned to: Originator: SM 10/10/17 11 1 10124117 Council Division Head: OCT 17 2017 ~ 4 'COUNTY Dept. Head: Prosecutor: h 01, INCIL Purchasing/Budggeyt. V/1-, �y �7 TITLE OFDO M T. Appointment to the Whatcom County Behavioral Health Advisory Committee ATTACHMENTS: Memorandum dated 10/04/17 from Human Services Manager Anne Deacon; Application for appointment SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( ) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing, you must provide the language.for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) County Executive Jack Louws recommends the confirmation of his appointment of David Kincheloe to the Whatcom County Behavioral Health Advisory Committee. 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 Count 's website at: www.co.whatcom.wa.us/council. 14110 COUNTYWHATCOM Regina A, Delahu t, Director Health Department Greg Stern, a0„ Health Officer WED October 4, 2017 2017 JAC]K 1V�S TO: Jack Louws, County Executive FROM: Anne Deacon, Human Services Manager RE: Nomination for Appointment to the Behavioral Health Advisory Committee I am pleased to forward a nomination for the recently formed Behavioral Health Advisory Committee. This committee was formed by County Code, Chapter 2.44, and replaces two former committees, the Behavioral Health Revenue Advisory Committee and the Behavioral Health Advisory Board. David Kincheloe, a nominee for mental health recovery advocate, has vast experience in the field of mental health, a master's degree in Social Work, and professional experience with social psychology. Mr. Kincheloe previously served on Whatcom County's Behavioral Health Advisory Board as a mental health advocate. He continues to serve on the North Sound Behavioral Health Organization Advisory Board as a representative for Whatcom County and has experience working with the National Alliance on Mental Illness. He brings personal experience to this advocacy role which will provide the committee with important perspective on the needs of the community. Thank you for considering this nomination for appointment. 509 Girard Street VV hatcom Courtly Bellingham, WA 98225-4005 360.778.6000 1 FAX 360.778.6007HEALTH 1500 North State Street Bellingham, WA 98225-4551 WhatcomCountyHealth 360.778.6100 1 FAX 360.778.6101 WhatcomCoHealth 504 m C`j www.whatcomcounty.us/health �CoM co �q`ShING'10 Application for Appointment to Whatcom County Boards and Commissions Public Statement THIS IS A PUBLIC DOCUMENT. As a candidate for a public board or commission, the information provided will be available to the County Council, County Executive, and the public. All board and commission members are expected to be fair, impartial, and respectful of the public, County staff, and each other. Failure to abide by these expectations may result in revocation of appointment and removal from the appointive position. First Name David Last Name Kincheloe Date 9/25/2017 Street Address 1015 Otis St. Apt 110 City Bellingham Zip 98225 Do you live in & are you registered to Yes vote in Whatcom County? Do you have a different mailing Field not completed. address? Primary Telephone 3609618611 Secondary Telephone Field not completed. Email Address dkincheloe(@amail.com 1. Name of Board or Committee Behavioral Health Advisory Committee Behavioral Health Advisory Committee Behavioral Health Professional 2. Do you meet the residency, Yes employment, and/or affiliation requirements of the position for which you're applying? 3. Which Council district do you live in? District 2 4. Are you a US citizen? Yes 5. Are you registered to vote in Yes Whatcom County? 505 6. Have you declared candidacy (as No 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 Yes this Board/Commission? If yes, please list dates: 2011-2015 8. Do you or your spouse have a No 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 Field not completed. summary of experience, qualifications, & interest in response to the following questions 9. Please describe your occupation (or Social Worker; Social Psychologist former occupation if retired), qualifications, professional and/or community activities, and education 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 Field not completed. Field not completed. David Kincheloe Bellingham, WA 506 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017-308 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: Ali � �5" � � i' , r U v i' ; �� t1 _ �_:' ��'/ �r C) 10-24-17 Introduction -- Division Head: OCT a ,,. 017 11/8/17 Hearing Dept. Head: VVIATCOM COUNTY Prosecutor: ( ti �� � � � �.� � � Purchasing/Budget: Executive: TITLE OF D T.- A Resolution Approving the Sale of an Easement ATTACHMENTS. 1. Cover Memo 2. Resolution . 3. Easement 4. Map of Site SEPA review required? ( ) Yes (X) NO Should Clerk schedule a hearing ? ( X) Yes ( ) NO SEPA review completed? ( ) Yes ( ) NO Requested Date: 11-8-17 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.) Terry Daughters and Joeen Daughters, owners of property adjacent to a Whatcom County -owned property, have requested an easement over a portion of County -owned property for the occupation and maintenance of existing landscaping, plants, fencing, and concrete pavers, and allowing for the installation and maintenance of similar future landscaping and related features. Whatcom County Public Works recommends selling the easement. 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.wauslcouncil. 507 WHATCOM COUNTY �oM co PUBLIC WORKS DEPARTMENT rP� Gtia CIVIC CENTER s'J < 322 N. Commercial Street, Suite 210 Bellingham, WA 98225-4042 IVC JON HUTCHINGS aw.whatcomcountyx one: (360) 778-6200 DIRECTOR �y �t FAX: (360) 778-6201 gSH�Nc��o _s O C T 12 2017 JACK L.OUWS MEMORANDI�AIUNTY EXECUTIVE To: The Honorable County Executive Jack Louws and Honorable Members of the County Council Through: Jon Hutchings, Director of Public Works j From: Andrew Hester, Real Estate Coordinator Date: October 9, 2017 Re: A Resolution Approving the Sale of an Easement Enclosed is a resolution requesting the approval of an easement over a portion of Whatcom County 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 an easement over a portion of Whatcom County property. Background and Purpose Terry Daughters and Joeen Daughters, owners of property adjacent to a Whatcom County - owned property, have requested an easement over a portion of County -owned property for the occupation and maintenance of existing landscaping, plants, fencing, and concrete pavers, and allowing for the installation and maintenance of similar future landscaping and related features. Whatcom County Public Works recommends selling the easement. Funding Amount and Source The property owners are responsible for paying all costs associated with the easement including compensating Whatcom County $63,400.00 for the easement as valued by an appraisal. No County funds have been expended to secure this easement. Please contact me at extension 6216 if you have any questions or concerns regarding this resolution. Encl. I SPONSORED BY: 2 PROPOSED BY: Public Works 3 INTRODUCTION DATE: 4 RESOLUTION NO. 5 A RESOLUTION APPROVING THE SALE OF AN EASEMENT 6 7 WHEREAS, Whatcom County owns a property off of Lummi View Drive known as the "Emma Road 8 Property", tax parcel number 380134 309112 0000; and 9 WHEREAS, Terry Daughters and Joeen Daughters ("Grantees") own property identified as tax parcel 10 number 380134 309108 0000 that is adjacent to the "Emma Road Property"; and 11 WHEREAS, the Grantees and the former owners of the Grantees' property have used and occupied a portion 12 of the "Emma Road Property" for decades for the purposes of landscaping and related activities; and 13 WHEREAS, Public Works and the Grantees wish to formally resolve these encroachments; and 14 WHEREAS, while the County Code does not specifically address the procedure for conveying a limited 15 interest in County property, this matter has been reviewed by the Property Management Committee; and 16 WHEREAS, Public Works is supportive of granting an easement to the Grantees for the purposes of the use 17 and occupation of a portion of the "Emma Road Property" for landscaping and related activities to resolve 18 these encroachments; and 19 WHEREAS, as compensation for the easement the Grantees will be required to pay Whatcom County 20 $63,400.00 as valued by an appraisal; and 21 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Executive is authorized 22 to conclude the sale of the easement as set forth in Exhibit A to the Grantees subject to full payment and to 23 the terms and conditions of the easement. 24 APPROVED this . day of , 2017 25 WHATCOM COUNTY COUNCIL 26 ATTEST: WHATCOM COUNTY, WASHINGTON 27 28 29 30 Dana Brown -Davis, County Clerk Barry Buchanan, Council Chair 31 32 APPROVED AS TO FORM: 33 % 1 34 35 36 Ghref Civil Deputy Prosecutor 509 EXHIBIT A After recording return document to: Whatcom County Public Works 322 N. Commercial, Suite 210 Bellingham, WA 98225 Document Title: EASEMENT Reference Number of Related Documents: None Grantor: Whatcom County Grantee: Terry A. Daughters and Joeen K. Daughters Legal Description: Ptn of Lot 1, Blk 2, Plat of Gooseberry Point, S34, T38N, R1E W.M. Assessor's Tax Parcel Numbers: 380134 309112 0000; 380134 309108 0000 EASEMENT THIS EASEMENT (hereinafter the "Easement") is made this day of 2017, by and between WHATCOM COUNTY, A WASHINGTON MUNICIPAL CORPORATION, herein the "Grantor" and TERRY A. DAUGHTERS AND JOEEN K. DAUGHTERS, HUSBAND AND WIFE, herein the "Grantees." uIWrrrsT c A. Grantor owns certain real property situated in Whatcom County, Washington, legally described as follows: LOT 1, BLOCK 2, "PLAT OF GOOSEBERRY POINT," WHATCOM COUNTY, WASHINGTON, AS PER THE MAP THEREOF, RECORDED IN BOOK 7 OF PLATS, IN THE AUDITOR'S OFFICE OF SAID COUNTY AND STATE. SITUATE IN WHATCOM COUNTY, WASHINGTON. Tax Parcel No: 380134 309112 0000 Hereinafter "Burdened Property." Page 1 of 6 Pages 510 EASEMENT B. Grantees own certain real property situated in Whatcom County, Washington, legally described as follows: LOT 2, BLOCK 2, "PLAT OF GOOSEBERRY POINT," WHATCOM COUNTY, WASHINGTON, AS PER THE MAP THEREOF, RECORDED IN BOOK 7 OF PLATS, PAGE 90, IN THE AUDITOR'S OFFICE OF SAID COUNTY AND STATE. SITUATE IN WHATCOM COUNTY, WASHINGTON. Tax Parcel No. 380134 309108 0000 Hereinafter `Benefited Property." C. With this Easement, the Grantor intends to allow the Grantees the continued use of the Burdened Property for the occupation and maintenance of existing landscaping, plants, fencing, and concrete pavers as depicted in Record of Survey recorded under Whatcom County Auditor's File No. 2016-0901351 and as legally described in Attachment "A" and depicted on Attachment `B" (hereinafter the "Easement Area"). Both Attachments "A" and `B" are attached hereto and incorporated herein by reference. NOW, THEREFORE, the parties agree as follows: EASEMENT 1. Easement. Grantor, for and in consideration of the sum of TEN AND NO/100 ($10.00) Dollars, and other valuable consideration, hereby grants and conveys to the Grantees a perpetual, exclusive easement across, over, and under the Easement Area for the occupation and maintenance of existing landscaping, plants, fencing, and concrete pavers, and allowing for the Grantee to install and maintain similar future landscaping and related features in the Easement Area to maintain the current level of use, remove trees within the Easement Area and install and maintain a fence on the boundary of the Easement Area. For the purposes of this Easement, exclusive shall mean (1) that it is an appurtenant easement that shall run with the land, (2) that the Grantee shall have the dominant estate and the Grantor's interests in the Easement Area shall be a subservient estate, (2) that Whatcom County shall not grant any easement, franchise or license or right to use or occupy the Easement Area to any other party, individual or entity, and (3) Whatcom County shall not use the Easement Area in any manner unless it first provides written notice to the Grantee at least 30 days in advance, and then may only use the Page 2 of 6 511 EASEMENT Easement Area to install and operate underground utilities that do not interfere with any underground service lines to the residential structure on the Grantee's property, and shall at its sole cost restore the improvements and landscaping within the Easement Area to the same or similar condition as existed at the time of the notice to the Grantee. 2. Benefit. The Easement granted herein is for the benefit of the Grantees and any heirs, assigns, successors to, and personal representatives of the Grantees. 3. Maintenance and Repair. Grantor has no liability nor responsibility for maintaining or repairing the landscaping, plants, fencing, and concrete pavers, except as provided in Section 1 above. 4. Termination for Breach. In the event Grantees breach or fail to perform or observe any of the terms and conditions herein, and fail to cure such breach or default within ninety (90) days of Grantor giving Grantees written notice thereof, or within such other period of time as may be reasonable in the circumstances, Grantor may terminate Grantees' rights under this Easement in addition to and not in limitation of any other remedy of Grantor at law or in equity, and the failure of Grantor to exercise such right at any time shall not waive Grantor's right to terminate for any future breach or default 5. Termination for Cessation of Use. In the event Grantees cease to use the Easement Area for a period of five (5) successive years, this agreement and all Grantees' rights hereunder shall automatically terminate and revert to Grantor. 6. Release and Indemnity. Grantees do hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Grantor in defense thereof, asserted or arising directly or indirectly on account of or out of acts or omissions of Grantees and Grantees' agents, employees, and contractors in the exercise of the rights granted herein,. If liability arises out of bodily injury or death to persons or damage to property as a result of the concurrent negligence of Grantees, their agents or their employees, and of Grantor, its agents or its employees, Grantees are responsible for indemnification only to the degree and extent of the negligence of Grantees, their agents, or their employees. However, this paragraph does not purport to indemnify Grantor against liability caused by or resulting from the negligence of Grantor or Grantor's agents or employees. 7. Title. The rights granted herein are subject to permits, leases, licenses, and easements, if any, heretofore granted by Grantor affecting Grantor's property subject to this agreement. Grantor does not warrant title to Grantor's property and shall not be liable for defects thereto or failure thereof. S. Binding effect. In all respects, the provisions of this Easement shall be construed and interpreted as covenants which run with and are pertinent to the land of the parties above described, and shall be binding upon and inure to the benefit of the heirs, assigns, successors to and personal representatives of the parties hereto. Page 3 of 6 512 EASEMENT 9. No waiver. Failure to enforce any provision of this Easement shall not operate as a waiver of any such provision. 10. Severability. Invalidation of any of the provisions of this Easement by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 11. Entire agreement. This Easement contains all representations and is the entire understanding between the parties hereto with respect to the subject matter hereof Page 4 of 6 513 EASEMENT Grantor: WHATCOM COUNTY Date: Jack Louws, County Executive STATE OF WASHINGTON ) ss COUNTY OF WHATCOM ) On this day of , 2017, before me personally appeared Jack Louws, to me known to be the Executive of Whatcom County, a municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of Whatcom County, for the uses and purposes herein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of Whatcom County. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington Residing at My commission expires Approved as to form: Prosecuting Attorney's Office Date: 8 2- 1-7 Daniel L. Gibson, Chief Civil Depu Prosecutor Page 5 of 6 514 EASEMENT Grantee: Date: Terry A. Daughters Date: Joeen K. Daughters STATE OF WASHINGTON ss County of ) On this day of 2017, before me personally appeared Terry A. Daughters and Joeen K. Daughters, to me known to be the individuals described herein and who executed the foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. Printed Name: Notary Public in and for the State of Washington, residing at My commission expires Page 6 of 6 515 I_9 MOVIly9'. EASEMENT AREA DESCRIPTION October 3, 2017 That certain portion of Lot 1, Block 2, "Plat of Gooseberry Point", according to the plat thereof recorded in Volume 7 of plats, Pages 90, records Whatcom County and State of Washington being more particularly described as follows: Beginning at the Southeast Corner of said Lot 1, thence along the Easterly Lot Line of said Lot 1 and the Westerly right-of-way line of Lummi Shore Road along a curve to the right having a radial bearing of South 86' 24' 04" East, a radius of 1310.00 feet, a delta angle of 01 ° 0620" and an arc distance of 25.28 feet; thence leaving said Easterly lot line North. 89' 50' 39" West, for a distance of 121 feet more or less to a point on the Westerly lot line of said Lot 1; thence Southerly along said Westerly lot line to the Southwesterly Corner of said Lot 1; thence along the Southerly lot line of said Lot 1 and the Northerly lot line of Lot 2, Block 2 North 88' 28' 26" East for a distance of 121 feet more or less to the Southeast Corner of said Lot 1 and the point of beginning. TOGETHER WITH AND SUBJECT TO: all Conditions and Stipulations, General and Specific Exceptions, as well as Easements, Covenants, Rights and Restrictions of Record. BASIS OF BEARING: that certain Record of Survey for Lot 1 Block 2 "Plat of Gooseberry Point" A.F.# 2016-0901351. AUTHOR'S NOTE: The above easement description was prepared by Ayers Consulting, LLC at the specific request of the client. The above easement description is not intended to be complete as to all other easements, restrictions and reservations of record that may exist for the subject easement. (In addition, see Easement Exhibit Map provided to the client with this Easement Area Description) 516 0,� @ 4'�5 �►vo n a� 4° J �tv °aOa� 3 O 0: n� y cgo,rcL°�°gboo�o co'�."'t M to ny �J o �a��r pb o f tap ti m Z°yonCA. (bIII byQa°41 g ca(14 o o °ice I°,�"c), a4:(b(-b oo� • °oo=ZI '`o`" � co 00 �� C �ccn°mo°r'°� Q°j°`On a nm OyW 3yN `b myooq'�o4z, °p o a ti o o M Z o MA. AcPvt ti "3i.x me o� •• o � _� tia � 1 u`� ��ti N020'46 59'rt 02-1157" � 50.2I Z Z R = 1510. 8' 0p ' = W N 02'46 5904 O r� R = 1280. 00 ' O LIJ � ;WW ( S96.46 1� ' c� (1L UAW/ HORE � �! DW� Z I R0,9D� 517