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HomeMy WebLinkAboutres2021-042Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 t Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2021-528 File ID: AB2021-528 Version: 1 Status: Approved File Created: 09/08/2021 Entered by: DBrown@co.whatcom.wa.us Department: Council Office File Type: Resolution Assigned to: Council Committee of the Whole Final Action: 09/28/2021 Agenda Date: 09/28/2021 Enactment #: RES 2021-042 Primary Contact Email: Dl3rown@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Resolution approving the Water District 13 Small Water System Management Plan SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Resolution approving Water District 13's Small Water System Management Plan HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 09/28/2021 Council Committee of the Whole RECOMMENDED FOR APPROVAL Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 09/28/2021 Council APPROVED Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Attachments: Proposed Resolution, Plan without Appendices, Link to Plan with Appendices, Local Government Consistency Form, Health Dept. Approval August 2021, Health Dept, Approval December 2020, Public Works Dept. Approval December 2020, Public Works Dept. Approval August 2021, Determination of Non -Significance Whatcom County Page 1 Printed on 913012021 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 PROPOSED BY: COUNCIL CLERK INTRODUCTION DATE: September 28, 2021 RESOLUTION NO. 2021-042 APPROVING THE WHATCOM COUNTY WATER DISTRICT 13 SMALL WATER SYSTEM MANAGEMENT PLAN WHEREAS, the Whatcom County Water District 13 (WCWD13) Small Water System Management Plan (the Plan) was prepared at the request of the District Board of Commissioners and was revised in July 2021; and WHEREAS, per WAC 197-11-340(2), a SEPA Determination of Nonsignificance was issued on December 23, 2020; and WHEREAS, per RCW 57.16.010, Whatcom County Public Works approved the Plan on December 8, 2020, with the following notations: • All work performed in a county right-of-way requires a Revocable Encroachment Permit as a prerequisite. See Whatcom County Code (WCC) 12.16 for additional information. • Depending on the scope of work of any given WCWD13 planned water system facilities project, the County might require: Other permits (e.g., building, conditional use, land disturbance, shoreline) as a prerequisite to project execution and; stormwater management documentation, with possible required engineered stormwater management system design. • To accommodate our desire to minimize disturbance to County roadway surfaces, we encourage the WCWD13 to locate, where feasible, new or reworked water system facilities outside the existing pavement of any improved County roadway. • We encourage the WCWD13 to accomplish, to the maximum extent feasible, its planned water system projects that involve work in County rights -of -way in advance of our planned road projects to minimize roadway patching that would otherwise occur If not coordinated. WHEREAS, per RCW 57.16.010, the Whatcom County Health Department approved the revised Plan on August 9, 2021; and WHEREAS, Planning and Development Services has reviewed the Plan and issued a Local Government Consistency Determination; and WHEREAS, RCW 57.16.010(7) requires the County Council approve, conditionally approve, or reject comprehensive water system plans; and WHEREAS, Whatcom County Water District 13 has submitted a final version of the Plan (revised to address agency comments) to the County Council for review and approval; and WHEREAS, under the provisions of state law, the Whatcom County Comprehensive Plan, and County -Wide Planning Policies, water service in rural areas must be at rural levels and should not be used as a basis for rezoning property; and WHEREAS, the County Council has reviewed the Whatcom County Water District 13 Small Water System Management Plan for compliance with the approval criteria set forth in RCW 57.16.010(7)) and RCW 57.02.040 and finds that the Plan satisfies these criteria, subject to certain conditions. 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 NOW, THEREFORE, BE IT RESOLVED that the County Council hereby approves the Whatcom County Water District 13 Small Water System Management Plan, subject to the following conditions: New water lines shall be consistent with WCC20.82.030(3). 2. Provision of water to land outside the Urban Growth Area shall not serve as the basis for rezoning properties. � x 4 W04m . 17 „AhyPROsVE t(CiV0 St., d'ay of September 2021. ATTEST---) WHATCOM COUNTY COUNCIL ATCO T CO C WASHINGTON Dana B.rowntDay's,;Cl rk'af'the Council arty cha an, Council Chair iv fr « APPROVEDFlAS TO FORM: /s/ Karen Frakes (via e-mail)/JL Civil Deputy Prosecutor