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Home My WebLink AboutPacket SWWS Sep 17 2019Whatcom County Council Surface Water Work Session COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Meeting Agenda Tuesday, September 17, 2019 10:30 AM Civic Center Building Garden Room COUNCILMEMBERS Barbara Brenner Rud Browne Barry Buchanan Tyler Byrd Todd Donovan Carol Frazey Satpal Sidhu CLERK OF THE COUNCIL Dana Brown -Davis, C.M.C. Council Surface Water Work Session Meeting Agenda September 17, 2019 Call To Order Roll Call Watershed Planning Update 2020-2025 Water Resources Improvement Plan Proposed 2020 Flood Control Zone District Budget Proposed BBWARM Code Updates Other Business - Public Comments Adjournment Whatcom County Page 2 Printed on 113012024 WHATCOM COUNTY PUBLIC WORKS DEPARTMENT JON HUTCHINGS Director [Eel THROUGH FROM: DATE: RE: MEMORANDUM The Honorable Jack Louws, Whatcom County Executive, and Honorable Members of the Whatcom County Council Jon Hutchings, Director Gary S. Stoyka, Natural Resources Program Manager September 9, 2019 September 17, 2019 Council Surface Water Work Session NATURAL RESOURCES 322 N. Commercial Street, Suite 110 Bellingham, WA 98225 Telephone: (360) 778-6230 FAX: (360) 778-6231 www.whatcomcounty.us Please refer to the proposed agenda below for the next Surface Water Work Session. Additional supporting documents may be distributed at or before the meeting. AGENDA Date: Tuesday, September 17, 2019 Time: 10:30 a.m. to 12:15 p.m. Place: Civic Center Garden Level Conference Room Time Topic Council Action Background Information Requested Attached 10:30 AM — Watershed Planning Update Discussion None 10:45 AM 10:45 AM — 2020-2025 Water Resources Improvement Discussion 2020-2025 WRIP 11:15 AM Plan 11:15 AM — Proposed 2020 Flood Control Zone District Discussion Proposed Budget Summary 11:45 AM Budget 11:45 AM — Proposed BBWARM Code Updates Discussion Proposed Amendment of 12:15 PM WCC 100.07 If you have questions, please feel free to call me at (360) 778-6218. cc: Mike McFarlane Joe Rutan Paula Harris Beth Bushaw Jeff Hegedus John Thompson Tyler Schroeder Josh Fleischmann Karen Frakes Sue Blake Roland Middleton Dana Brown -Davis George Boggs Ryan Ericson Lonni Cummings John Wolpers Kraig Olason Jennifer Schneider Atina Casas Kristi Felbinger Mike Donahue Erika Douglas Jill Nixon Cathy Craver Mark Personius WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT 2020-2025 SIX -YEAR WATER RESOURCES IMPROVEMENT PROGRAM EXHITBIT A UPDATED 08/26/2019 Item No. Project Description Database ID No. BES Previous Expenditures 2020 2021 2022 2023 2024 2025 Total Phase Amount Source Phase Amount Source Phase Amount Source Phase lAmount L iSource Phase lAmount iScurce Phase lAmount iScurce Phase lAmount iScurce LAKE WHATCOM STORMWATER 1 Northshore Drive, Edgewater Stormwater Improvements (LW CIP- 18): System upgrades to improve water quality by installing water quality treatment facilities and installing -check dams to reduce ditch erosion 14-002 62.2 PE $ 160,000 FEET PE PE PE PE PE PE $ 620,000 PE PE PE PE PE PE PE RW $ 10,000 REET RW RW RW RW RW RW CN CN $ 450,000 REET CN CN CN CN CN CN CN CN CN CN CN CN 2 Silver Beach Creek Phase 1 and 2 (LW CSP# CIP-04, CIP-06): Phase I Install WQ treatment system. Phase II, Main channel restoration below Hillsdale using natural vegetation 07-095 60.5 PE $ 10,000 REET PE $ 110,000 REET PE $ 30,000 REET PE $ 120,000 REET PE PE PE $ 1,160,000 RW $ 10, FEET PE PE RW $ 20, 000 REET RW RW RW CN RW CN $ 260,000 REET CN CN CN $ 600,000 REET CN CN CN CN CN CN CN CN 3 Sudden Valley (LW CSP# CIP-16, CIP-17): Drainage systems upgrades and outfall retrofits 13-004 46.3 PE $ 10,000 REET PE $ 30,000 REET PE $ 130,000 REET PE PE PE PE $ 780,000 PE PE PE PE PE PE PE RW RW $ 10,000 REET RW RW RW RW RW CN CN CN CN $ 600,000 REET CN CN CN CN CN CN CN CN CN CN 4 Lowell Drive and Cedarbrook Court (LW CIP-19): Construction 2022. End of pipe, media filtration, and natural drainage system improvements 14-003 62.2 PE PE $ 10,000 REET PE $ 115,000 FEET PE $ 75,000 REET PE PE PE $ 790,000 PE PE PE PE PE PE PE RW RW RW $ 10,000 FEET RW RW RW RW CN CN CN CN CN $ 580,000 REET CN CN CN CN CN CN CN JCN CN 5 Glen Cove Lane and Lakeside Street (LW CIP-20): Construction 2023. System upgrade to improve water quality-bioinfiltration swales, filter vaults, media filter drains, and rain gardens 15-002 58.2 PE PE PE $ 10,000 REET PE $ 115,000 REET PE $ 75,000 REET PE PE $ 620,000 PE PE PE PE PE PE PE RW RW RW RW $ 10,000 REET RW RW RW CN CN CN CN CN CN $ 410,000 FEET CN CN CN CN CN CN CN CN 6 South Bay Drive: Constuction 2024. System upgrades to improve water quality -biofiltration swales, reduce ditch erosion 16-010 62.2 PE PE PE PE $ 10,000 REET PE $ 115,000 FEET PE $ 75,000 FEET PE $ 840,000 PE PE PE PE PE PE PE RW RW RW RW RW $ 20,000 FEET RW RW CN CN CN CN CN CN CN $ 620,000 REET CN CN CN CN CN JCN JCN 7 Strawberry Point/Lake Whatcom Blvd: Constuction 2025. System upgrades to improve water quality -vaults, biofiltration swales, channel restoration 17-001 62.2 PE PE PE PE PE $ 10,000 FEET PE $ 115,000 FEET PE $ 75,000 FEET $ 220,000 PE PE PE PE PE PE PE RW RW RW RW RW RW $ 20,000 FEET RW CN CN CN CN CN CN CN CN CN CN CN CN CN CN BIRCH BAY WATERSHED & AQUATIC RESOURCES MANAGEMENT BBWARM 8 Harborview Road Drainage Improvements (CR-1): Install new low- level system along Birch Bay Drive (CR-2, HL-1). Upsize culverts and install new high level system along Harborview Road to carry upland water directly to Birch Bay 07-217 52.0 PE $ 360,000 BBWARM PE $ 200,000 BBWARM PE PE PE PE PE $ 1,610,000 RW RW BBWARM RW RW RW RW RW CN CN $ 200,000 REST CN CN CN CN CN CN $ 850,000 BBWARM CN CN CN CN CN 9 Semiahmoo Drive Drainage Improvements - North (BP-2) and South (BP-5): Upsize culverts and re-establish roadside ditch on east side of Semiahmoo Drive 18-010 18-0 50.3 PE $ 10,000 BBWARM PE $ 160,000 BBWARM PE $ 40,000 BBWARM PE PE PE PE $ 385,000 RW RW RW RW RW RW RW JCN CN CN $ 175,000 REST CN CN JCN CN 10 Lora Lane Drainage & Tide Gate Modifications (TCl-2): Replace existing tide gate structure and repair embankment, install Type 2 CB and culvert under Birch Bay Drive 18-008 42.5 PE $ 10,000 BBWARM PE PE $ 130,000 BBWARM PE $ 55,000 BBWARM PE PE PE $ 440,000 RW RW RW RW RW RW RW CN $ 200,000 REET CN CN CN CN $ 45,000 BBWARM CN CN CN 11 Holeman Avenue Storm Drain Improvements (PW-1): Replace CBs, upsize culverts, re-establish ditch on Holeman Ave near Birch Bay Drive 07-242 37.8 I PE Mor PE $ 75,000 BBWARM PE $ 60,000 BBWARM PE PE PE $ 255,000 RW RW RW RW $ 10,000 BBWARM RW RW RW CN CN CN CN CN $ 110,000 BBWARM CN CN 12 Wooldridge Ave & Sunset Drive Drainage Improvements (TC-2): Improve drainage system to reduce local flooding and incorporate water quality treatment 13-007 52.2 PE PE PE PE $ 100,000 BBWARM PE $ 50,000 REET PE $ 50,000 BBWARM PE $ 1,220,000 RW RW RW RW RW $ 20,000 BBWARM RW CN CN CN CN CN CN CN $ 1,000,000 DOE Grant CN 13 Hillsdale Drainage Improvements, Phase 1(HL-C-1): Upsize pipes, replace CBs, install new drain line, replace blind tee connections on Morgan, Cottonwood and Birch Bay Drives 19-002 48.6 PE PE PE PE PE $ 150,000 REST PE $ 50,000 REST PE $ 50,000 BBWARM $ 750,000 RW RW RW RW RW RW RW CN CN CN CN CN CN CN $ 500,000 IBBWARM 14 Morrison Ave & Terrill Drive Drainage Improvements (TC2-1): Install new storm drain line on Morrison Ave and Willow Drive, replace and re -grade storm drain system at Terrill Drive 19-003 46.9 PE PE PE PE PE PE $ 150,000 REET PE $ 50,000 BBWARM $ 200,000 RW RW RW RW RW RW RW CN CN CN CN CN ICN CN 15 Normar Place Drainage Improvements (BP-1): Upsize pipes, replace CBs and install energy dissipater at pipe outfall on Normar Place. 19-004 52.0 PE PE PE PE PE PE PE $ 80,000 BBWARM $ 80,000 RW RW RW RW RW RW RW CN CN CN CN CN CN CN 16 Birch Bay Drive & Pedestrian Facility Project: BBWARM contribution toward stormwater improvements as part of larger road fund project in Birch Bay 07-030 72.1 PE PE PE PE PE PE PE $ 250,000 RW RW RW RW RW RW RW CN CN CN $ 250,000 BBWARM CN CN CN CN Page 1 WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT 2020-2025 SIX -YEAR WATER RESOURCES IMPROVEMENT PROGRAM EXHITBIT A UPDATED 08/26/2019 Item No. Project Description I Database ID No. BES Previous Expenditures 2020 2021 2022 2023 2024 2025 Total Phase lAmount iSource Phase lAmount iSource iSource Phase lAmount iSource Phase lAmount iSource Phase lAmount iSource Phase lAmount Source LAKE SAMISH STORMWATER 17 Shallow Shore Drive Drainage Improvements 18-007 44.4 PE PE $ 50,000 REET PE PE PE PE PE $230,000 RW RW RW RW RW RW RW CN CN CN CN $ 180,000 CN CN CN RIVER & FLOOD 18 Marietta Acquisition -- Acquire properties in repetitive flood loss area 07-002 79.6 RW $ 494,000 FCZD RW $ 64,000 FCZD $ 96,000 FEMA Fed/State grant RW RW RW RW RW Total through 2020: $2,180,000 FCZD Total: $744,000 RW $ 802,000 FEMA Fed/State grant RW RW $100,000 RW $100,000 RW $100,000 RW $100,000 RW $100,000 RW $ 117,000 ESRP grant RW RW RW RW RW RW CN $ 166,000 FCZD CN $ 20,000 $ 135,000 FCZD FEMA Fed/State grant CN $25,000 CN $25,000 CN $25,000 CN $25,000 CN $25,000 CN $ 258,000 FEMA Fed/State grant CN CN CN CN CN CN CN $ 28,000 ESRP grant CN CN I CN CN ICN I CN 19 Truck Road Emergency Erosion Protection -- Install passive riprap to protect road; mitigation needed in 2020 18-002 59.4 PE $ 16,000 FCZD/Roads (50/50) PE $ 50,000 FCZD/Roads (50/50) PE PE PE PE PE Project Total: $521,000 CN $ 455,000 FCZD/Roads (50/50) CN CN JCN CN CN CN 20 Abbott Levee Erosion Protection -- Construct interim measures for erosion protection for levee and adjacent road 18-005 66.5 PE $ 75,000 FCZD/Roads (50/50) PE PE PE PE PE PE Project Total: $535,000 CN CN $ 460,000 FCZD/Roads (50/50) CN CN CN CN CN CN CN CN CN CN CN CN 21 Red River Levee Stabilization -- Restore levee prism and bank protection (SWIF project) 16-004 52.9 PE $ 28,000 FCZD PE PE PE PE PE PE Project Total: $258,000 CN $ 200,000 FCZD/Lummi** CN $ 30,000 FCZD CN CN CN JCN JCN 22 Twin View Levee Improvements -- Widen levee crest and flatten backslope at two sites (SWIF project) 16-002 50.3 PE PE $ 15,000 PE $ 15,000 PE PE PE PE Project Total: $280,000 CN CN CN $ 250,000 CN CN CN CN 23 Lynden Levee Improvement -- Combine drainages and replace two culverts through levee with one larger culvert (SWIF project) and repair 2 damaged levee sites (USACE) 16-003 64.5 PE $ 50,000 FCZD PE $ 75,000 FCZD PE PE PE PE PE Project Total: $2,000,000 (See Note 1) RW CN CN $ 1,000,000 CN CN CN CN CN CN CN CN CN CN CN 24 Bertrand Creek Levee Stabilization -- Restore right and left levee prisms and install bank protection (SWIF project) 16-005 54.4 PE PE PE $ 20,000 PE $ 20,000 PE PE PE Project Total: $190,000 CN CN CN CN $ 150,000 CN JCN JCN 25 Jones Creek Debris Flow Protection --Construct deflection berm and address local access 07-105 70.6 PE $ 600,000 FCZD PE $ 77,000 FCZD PE $ 35,000 FCZD PE $ 125,000 FCZD PE PE PE Project Total: $6,636,000 RW $ 122,000 FCZD PE $ 33,000 Roads PE $ 15,000 Roads PE $ 50,000 Roads RW RW RW RW $ 390,000 FEMA/State grant RW $ 225,000 FCZD RW $ 300,000 FCZD RW $ 20,000 FCZD RW RW RW CN $ 26,000 FCZD RW $ 800,000 DOE grant RW $ 30,000 Roads CN $ 3,000,000 FCZD CN CN CN CN $ 13,000 FEMA/State grant CN CN CN $ 775,000 Roads CN CN CN 26 Abbott Levee Upstream Tie -In -- Extend and realign upstream end of levee (SWIF project) 16-007 70.4 PE $ 140,000 FCZD/Roads (50/50) PE $ 200,000 FCZD/Roads (50/50) PE $ 75,000 FCZD/Roads PE $ 75,000 FCZD/Roads PE $ 150,000 FCZD PE PE Project Total: $2,830,000 RW RW RW RW $ 150,000 FCZD/Roads CN $ 870,000 FCZD RW RW CN CN CN CN CN $ 1,170,000 Roads CN CN 27 Neevel Levee Bank Stabilization -- Stabilize oversteepened section of levee (SWIF project) 16-008 49.3 PE PE PE PE $ 20,000 PE $ 20,000 PE PE Project Total: $190,000 CN CN CN CN CN $ 150,000 CN CN 28 Devries Levee Improvements -- Widen and establish full crest width and backslope levee (SWIF project) 19-001 49.3 PE PE PE PE $ 25,000 PE $ 25,000 PE PE Project Total: $250,000 CN CN CN CN CN $ 200,000 CN CN 29 Upper Hampton Levee Improvements -- Widen levee crest and flatten backslope at two sites and address seepage at a third site (SWIF project) 16-006 70.4 PE PE PE PE PE $ 25,000 PE $ 100,000 PE Project Total: $700,000 RW RW RW RW RW RW $ 75,000 RW CN CN CN CN CN CN CN $ 500,000 30 Ferndale Levee Improvement -- Reconstruct and realign Ferndale and Treatment Plant Levees to improve level of protection and address deficiencies 07-104 68.9 PE PE $ 60,000 FCZD PE $ 250,000 PE $ 250,000 PE $ 100,000 PE $ 50,000 PE Construction Expected in 2024-2026 RW PE $ 240,000 DOE grant RW RW RW $ 100,000 RW RW CN RW CN CN CN CN $ 2,000,000 CN $ 5,000,000 CN CN CN CN CN CN CN 31 Glacier -Gallup Alluvial Fan Restoration - Remove all or part of Glacier Creek levee and construct setback levee along Gallup Creek 18-006 88.9 PE $ 310,000 FCZD PE $ 50,000 FCZD PE $ 200,000 PE $ 200,000 PE $ 100,000 PE $ 100,000 PE $ 100,000 Construction Expected in 2026 PE PE $ 200,000 DOE grant PE PE PE PE PE RW RW RW RW RW $ 500,000 RW $ 100,000 RW $ 100,000 CN CN CN JCN CN CN JCN 32 Floodplain Acquisition -- Acquire key properties for future levee reconfiguration to reduce risk and improve habitat 07-002 79.6 RW $ 100,000 FCZD RW $ 200,000 FCZD RW $ 1,000,000 RW RW RW RW RW RW $ 800,000 DOE grant RW RW RW IRW RW 33 Emergency/New Projects -- Typically repair projects that result from new damage, as needed 08-003 Varies PE PE $ 25,000 PE RW $ 25,000 PE RW $ 25,000 PE RW $ 25,000 PE RW $ 25,000 PE RW $ 25,000 Total/year: $425,000 RW RW CN CN $ 350,000 CN $ 350,000 CN $ 350,000 CN $ 350,000 CN $ 350,000 CN $ 350,000 CN CN $ 50,000 CN $ 50,000 CN $ 50,000 CN $ 50,000 CN $ 50,000 CN $ 50,000 NOTE: Numbers in italics are placeholders for projects still being conceived. *Previous expenditures includes work contracted in 2019 that will continually appropriate into 2020. **Construction in 2020 under 2019 continuing appropriation Note 1: Estimated total project cost includes work done by USACE - funded directly by USACE Page 2 Flood Control Zone District 2020 Budget OVERALL BUDGET SUMMARY Budget Program Approved 2019 Budget Supplemented 2019 Budget 2019 Year End Projection Proposed 2020 Budget with ASR's Code Revenues Expenditures Revenues Expenditures Revenues Expenditures Revenues Expenditures 169100 Adminstration $ 4,980,712 $ 751,841 $ 3,646,272 $ 819,131 $ 5,075,000 $ 771,809 $ 5,005,692 $ 820,960 169100 Transfers - ToStormwater $ 1,258,997 $ 1,293,997 $ 950,000 $ 1,243,843 169102 Flood Response $ - $ 110,000 $ - $ 110,000 $ - $ 110,000 $ - $ 110,000 169104 Flood Planning $ 350,000 $ 820,000 $ 457,373 $ 1,238,347 $ 284,530 $ 565,582 $ 380,000 $ 925,000 169106 Technical Assistance $ - $ 75,000 $ - $ 75,000 $ - $ 75,000 $ - $ 76,000 169108 NFIP and CRS $ 16,000 $ 175,000 $ 16,000 $ 175,000 $ 16,000 $ 162,000 $ 16,000 $ 177,000 169110 Early Warning $ 4,225 $ 131,000 $ 4,225 $ 131,000 $ 4,225 $ 104,985 $ 4,400 $ 135,000 169112 Repair and Maintenance $ 730,600 $ 2,184,439 $ 730,600 $ 2,257,813 $ 103,886 $ 1,070,650 $ 292,000 $ 1,120,439 169114 Flood Hazard Reduction $ 633,830 $ 1,672,200 $ 1,833,830 $ 3,359,491 $ 1,357,095 $ 2,726,121 $ 2,508,340 $ 3,904,640 169119 Natural Resources $ 582,401 $ 1,942,654 $ 758,300 $ 2,145,360 $ 582,500 $ 1,952,875 $ 591,500 $ 2,101,145 169120 Aquatic Invasive Species $ - $ 131,750 $ - $ 131,750 $ - $ 131,750 $ - $ 141,590 169121 Water Planning $ 131,265 $ 381,029 $ 131,265 $ 567,722 $ 131,265 $ 567,722 $ 67,950 $ 486,983 169700 NPDES $ - $ 187,580 $ - $ 187,580 $ - $ 80,000 $ - $ 187,480 TOTAL $ 7,429,033 $ 9,821,490 $ 7,577,865 $ 12,492,190 $ 7,554,501 $ 9,268,494 $ 8,865,882 $ 11,430,080 (DECREASE)IINCREASE IN FUND BALANCE $ (2,392,457) $ (4,914,325) $ (1,713,993) $ (2,564,198) Notes: Assumes fall flood in 2018; 2019 budget includes funding for flood response and new repair Starting Balance 8,686,689 Projected Net Annual Activity-1,713,993 Projected Balance 6,972,696 Budgeted Net Annual Activity (with ASR)-2,564,198 Add back expense lapse of 20% (with related grant income reduction) 1,784,348 Projected Balance 6,192,846 BOY 2019 BOY 2020 BOY 2021 DETAIL FOR FCZD PROGRAM AREAS FLOOD MAINTENANCE AND OPERATIONS Flood Response (169102) Wage and Benefits Sand and sandbags Preparedness training Sector observers during response Construction contracts TOTAL NET IMPACT TO FUND BALANCE Flood Planning (169104) Lower Nooksack Wage and Benefits CFHMP refinement/update Facilitation Hydraulic modeling/alternatives analyses FLIP process support/Engineering design/Plan Structure surveys in overflow corridors Geomorphic reach analyses Sediment management Habitat assessment Flood event mapping Reach 1 Sediment High water mark survey TOTAL NET IMPACT TO FUND BALANCE Technical Assistance (169106) Wage and Benefits Postage for Special District reassessments TOTAL NET IMPACT TO FUND BALANCE National Flood Insurance Prgm (169108) Wage and Benefits FEMA Floodplain mapping Permit reviews Public education/CRS activities TOTAL NET IMPACT TO FUND BALANCE Original 2019 Budget Revenues Expenditures $ 10,000 $ 35,000 $ 5,000 $ 40,000 $ 20,000 $ - $ 110,000 $ (110,000) Original 2019 Budget Revenues Expenditures $ 150,000 $ 15,000 $ 150,000 $ 200,000 $ 200,000 $ 150,000 $ 150,000 $ 50,000 $ 60,000 $ 20,000 $ 25,000 $ 350,000 $ 820,000 $ (470,000) Original 2019 Budget Revenues Expenditures $ 75,000 $ - $ 75,000 $ (75,000) Original 2019 Budget Revenues Expenditures $ 150,000 $ 10,000 $ 16,000 $ 15,000 $ 16,000 $ 175,000 $ (159,000) Flood Control Zone District 2020 Budget Work Plan and Supporting Documentation Supplemented 2019 Budget Revenues Expenditures $ 10,000 $ 35,000 $ 5,000 $ 40,000 $ 20,000 $ - $ 110,000 $ (110,000) Supplemented 2019 Budget Revenues Expenditures $ 150,000 $ 54,184 $ 150,000 $ 307,373 $ 307,373 $ 150,000 $ 150,000 $ 50,000 $ 81,790 $ 20,000 $ 250,000 $ 25,000 $ 457,373 $ 1,238,347 $ (780,974) Supplemented 2019 Budget Revenues Expenditures $ 75,000 $ - $ 75,000 $ (75,000) Supplemented 2019 Budget Revenues Expenditures $ 150,000 $ 10,000 $ 16,000 $ 15,000 $ 16,000 $ 175,000 $ (159,000) 2019 Year End Projection Revenues Expenditures $ 10,000 $ 35,000 $ 5,000 $ 40,000 $ 20,000 $ - $ 110,000 $ (110,000) 2019 Year End Projection Revenues Expenditures $ 150,000 $ 20,000 $ 50,000 $ 150,000 $ 150,000 $ 15,612 $ 34,530 $ 54,970 $ 100,000 $ 100,000 $ 25,000 $ 284,530 $ 565,582 $ (281,052) 2019 Year End Projection Revenues Expenditures $ 75,000 $ - $ 75,000 $ (75,000) 2019 Year End Projection Revenues Expenditures $ 150,000 $ 16,000 $ 12,000 $ 16,000 $ 162,000 $ (146,000) Proposed 2020 Budget Revenues Expenditures $ 10,000 $ 35,000 $ 5,000 $ 40,000 $ 20,000 $ - $ 110,000 $ (110,000) Proposed 2020 Budget Revenues Expenditures $ 150,000 $ 50,000 $ 100,000 $ 155,000 $ 175,000 $ 75,000 $ 75,000 $ 200,000 $ 150,000 $ 150,000 $ 25,000 $ 380,000 $ 925,000 $ (545,000) Proposed 2020 Budget Revenues Expenditures $ 75,000 $ 1,000 $ - $ 76,000 $ (76,000) Proposed 2020 Budget Revenues Expenditures $ 150,000 $ 12,000 $ 16,000 $ 15,000 $ 16,000 $ 177,000 $ (161,000) Assumptions/Notes Includes pre -deployed and sand bags for training Road and M&O employees and equipment Road employees wages and benefits for 1 significant flood event During and immediately following response Budget based on 2009 flood with cost & wage increases 2019 YE projection assumes fall flood Assumptions/Notes 6630 New budget authority in 2020 for unspent balance and amendment 6630 2019 PO's $60k WSE; 44k LandC 6630 CA into 2019 of 107k; Revenues are NEP funding 6630 2019 til effort defined; Revenues are NEP funding 2019 PO to finish contract IG 2020 contract for USGS ongoing investigation 2019 PO + 22k CA to spend contract balance; revenues are SRFB IG NEP-funded USGS Study; CA'd into 2019, 2020 BA for balance 6630 Assumes flood each year Assumptions/Notes CDID#5 to be updated in 2020 with improved parcel coverage Assumptions/Notes Assumes LNR mapping in 2020 - expenditures for public meeting notice Flood permit fees CRS mailings Early Warning System (169110) Original 2019 Budget Revenues Expenditures Wage and Benefits $ 5,000 Nooksack River gages - USGS $ 96,500 Everson MainSt stage gage _ USGS $ 4,225 $ - WWU camera on Swift Creek slide $ 2,500 Emergency access to SNOTEL $ 5,000 Equipment for gage upgrades/repairs $ 12,000 Repairs and maintenance $ 10,000 TOTAL $ 4,225 $ 131,000 NET IMPACT TO FUND BALANCE $ (126,775) FLOOD CONSTRUCTION AND IMPROVEMENTS Repair and Maintenance (169112) Original 2019 Budget Revenues Expenditures Wage and Benefits $ 110,000 Misc Construction Projects Emergency/new projects as needed $ 50,000 $ 350,000 Miscellaneous repair projects $ 50,000 Marine Drive Levee Repair $ - $ 5,000 Truck Road Emergency Bank Protection $ 25,000 Red River Levee Stabilization (SWIF) $ 63,000 $ 200,000 Hannegan Levee Rehabilitation (USACE) $ 27,600 $ 92,000 Abbott Levee Erosion Protection $ 570,000 $ 1,100,000 Sande -Williams Levee Rehabilitation (USACE/DD2) $ 20,000 $ 100,000 Twin View Levee Rehabilitation (USACE) Mitigation Planning/Implementation Jail crew $ 117,439 Reveg planning/coordination $ 25,000 Reveg/misc supplies $ 10,000 TOTAL $ 730,600 $ 2,184,439 NET IMPACT TO FUND BALANCE $ (1,453,839) Flood Control Zone District 2020 Budget Work Plan apd Supporting Documen Supplemented 2019 Budget Revenues Expenditures $ 5,000 $ 96,500 $ 4,225 $ - $ 2,500 $ 5,000 $ 12,000 $ 10,000 $ 4,225 $ 131,000 $ (126,775) Supplemented 2019 Budget Revenues Expenditures $ 110,000 $ 4,127 $ 50,000 $ 350,000 $ 50,000 $ - $ 46,113 $ 25,000 $ 63,000 $ 200,000 $ 27,600 $ 92,000 $ 570,000 $ 1,100,000 $ 20,000 $ 100,000 $ 117,439 $ 53,134 $ 10,000 $ 730,600 $ 2,257,813 $ (1,527,213) 2019 Year End Projection Revenues Expenditures $ 5,000 $ 99,985 $ 4,225 $ 4,225 $ $ (100,760) Proposed 2020 Budget Revenues Expenditures $ 5,000 $ 103,000 $ 4,400 104,985 I $ 2019 Year End Projection Revenues Expenditures $ 110,000 $ 50,000 $ 350,000 $ $ 50,000 $ 18,591 $ 27,186 $ $ 6,000 $ $ 20,700 $ 170,000 90,620 85,000 $ 69,000 $ 117,439 $ 5,000 $ 5,000 $ 103,886 $ 1,070,650 $ $ (966,764) $ $ 5,000 $ 12,000 $ 10,000 4,400 $ 135,000 (130,600) Proposed 2020 Budget Revenues Expenditures $ 90,000 50,000 $ 25,000 $ 200,000 $ 17,000 $ 292,000 $ (828,439) 350,000 50,000 50,000 30,000 400,000 117,439 23,000 10,000 1,120,439 Assumptions/Notes No PO for 18/19 contract written in 2018 so use 2019 BA for it Canadians reimburse cost to maintain gage; AVZ pays for Jones gage directly Discontinued Equip at NF gage may need replacing Assumptions/Notes Assumed costs for responding to flood/new repairs (fall 2019 flood assumed); increased due to cost of recent emergencies Placeholder for small projects; fall 2019 flood assumed Final payment and retainage; as -built, jail crew 50/50 cost -share with Roads; $50,000 for 2019 mitigation payment to habitat project ILA w/ Lummi signed in 2019 - PO for 170k will CA; 2020 BA for misc costs outside of ILA 20% cost -share to USACE; revenues from LE Subzone (30% of FCZD cost -share); title reports done in 2018 Assumes Roads pays 50%; plan and implement interim flood response measures; improvement project budgeted under 114 USACE cost -share split 80/20 between FCZD and DD#2 20% cost -share to USACE (67k); revenues from SNE Subzone (30% of FCZD cost -share); title reports (2k) done in 2019 Jail crew labor for FCZD and SWIF projects; available to diking or subzones 2017 contract with CD, CA into 2018; new contract in 2019 Increased to cover plant replacement costs for Deming and other past projects as needed Flood Hazard Reduction (169114) Wage and Benefits Misc Swift Creek Bank stabilzation/channel excavation Lower Nooksack River Marietta property acquisition & demo (FEMA FMAG- 716002) Marietta property acquisition & demo New properties Leases for agriculture Floodplain acquisition Ferndale Levee Improvement Project Phase 1 Lynden Levee Improvement Project (in conjunction with USACE rehab project) Rayhorst Levee Improvements Abbott Levee Improvement (SWIF) Jones Creek Deflection Berm (712004) Berm and bridge design Land/easement acquisition Construction High Creek Sediment Management Sediment trap/channel improvement design Sediment trap/channel imp. construction Sediment trap maintenance Glacier -Gallup Creek Alluvial Fan Restoration Feasibility study/concept design Outreach Preliminary design City of Lynden - Pepin Creek Funding for downstream analysis Original 2019 Budget Revenues Expenditures $ 190,000 $ - $ 105,000 $ 330,050 $ 377,200 $ 50,000 $ 3,780 $ 300,000 $ 300,000 $ 200,000 $ 40,000 $ 60,000 $ 75,000 $ 125,000 50,000 100,000 Floor Work Plan a Supplemented 2019 Budget Revenues Expenditures $ 190,000 $ 4,127 $ - $ 105,000 $ 330,050 $ 377,200 $ 54,127 $ 3,780 $ 1,500,000 $ 1,800,000 $ 200,000 $ 40,000 $ 60,000 $ 75,000 $ 125,000 $ 21,996 $ 27,673 $ 50,000 $ 39,525 $ 100,000 $ 89,843 TOTAL 1 $ 633,830 $ 1,672,200 $ 1,833,830 $ 3,359,491 NET IMPACT TO FUND BALANCE $ (1,038,370) 1 $ (1,525,661) I Control Zone District 2020 Budget id Supporting Documentatio 2019 Year End Projection Proposed 2020 Budget Revenues Expenditures Revenues Expenditures $ 190,000 $ 305,000 $ 105,000 $ 105,000 $ 93,315 $ 106,646 $ 231,560 $ 264,640 $ 41,531 $ 50,000 $ 3,780 $ 3,780 $ - $ 1,260,000 $ 1,500,000 $ 800,000 $ 1,000,000 $ 240,000 $ 300,000 $ 35,000 $ 75,000 $ 75,000 $ - $ 200,000 $ 400,000 $ 215,053 $ 33,000 $ 110,000 $ 25,706 $ 800,000 $ 1,025,000 $ 21,996 $ - $ 31,673 $ - $ 16,000 $ 20,000 $ 202,825 $ - $ 69,848 $ - $ - $ 200,000 $ 250,000 $ 89,843 $ - $ 1,357,095 $ 2,726,121 $ 2,508,340 $ 3,904,640 $ (1,369,026) $ (1,396,300) Assumptions/Notes CA'd twice to 169114 and 716002 6670 300k commitment per year; 150k Roads; remainder cost -shared 70/30 b/w FCZD and SNE Subzone 6670/732 Acquisition of 3 Turk parcels in 2019; assumes demo and 4th property acquisition/demo in 2020 7320 Teeters cultural, asbestos, demo; Phase 2 ESA for Turk properties River Rd and Emmerson Rd properties 2019 is for Reach 1 property with USFS funding thru W DFW and initial property(ies) under FbD grant, with remainder in 2020 6630 Survey, hydraulic analysis, alteratives analysis, conceptual design in 2018/19; supplement if FbD grant awarded in 2019 6630 USACE rehab in 2021 to include culvert replacement; survey, hydraulics, wetland/permitting for channel relocation by FCZD 6670 Design, permit and construct project to widen and backslope levee Assumes Roads pays 50%; design and RW 6630 2019 contract will CA into 2020; design cost -shared 70/30 with Roads 7320, 66: Purchase of parcels/easements for berm/road construction; 2019 Kosmic 1 st payment of 3; 2020 exp for appraisals/relocation asst; revenues from FbD Construction likely in 2022 WSE post -project monitoring report 6670 JIJ contract CA into 2019- includes 2019 trap maint; 4k planting 2019 Plants (16k) maintenance, 2020 trap maint Risk assessment and alternatives anlaysis by BGC; 39k was CA NHC contracted in 2019 Revenues from FbD grant 6630 ILA executed in 2016 and CA'd into 2017 for reimbursement of City's expenses; new 2018 budget for balance, may CA into 2019 Natural Resources (169119) NATURAL RESOURCES ADMINISTRATION Staff Office and operating TOTAL NET IMPACT TO FUND BALANCE NATURAL RESOURCES OPERATIONS Salmon Recovery Staff Restoration effectiveness monitoring, adaptive management, and stewardship Maintaining existing restoration projects* New restoration projects* Marine Resources Committee Staff MRC restoration projects Water Quality/Pollution Identification & Correc Program Coordination Water Quality Monitoring Data Management Technical Assistance Community Outreach Incentives Compliance Coordination and Planning Lake Whatcom Homeowner Incentive Program Cosmos WSU Extension outreach services Original 2019 Budget Revenues Expenditures $ 306,306 $ 279,627 $ - $ 585,933 $ (585,933) tion 66,294 $ 8,607 $ 100,800 $ 206,400 $ 94,497 $ 22,000 $ 83,803 $ 127,035 51,000 32,250 30,000 66,393 8,607 127,035 263,229 100,800 206,400 135,439 43,000 83,803 56,731 $ 25,000 Flood Control Zone District 2020 Natural Resources Budget Work Plan and Supporting Documentation Supplemented 2019 Budget Revenues Expenditures $ 306,306 $ 279,627 $ - $ 585,933 $ (585,933) 66,294 $ 8,607 $ 100,800 $ 382,299 $ 94,497 $ 22,000 $ 83,803 $ 127,035 51,000 32,250 30,000 66,393 8,607 127,035 263,229 100,800 388,507 135,439 63,599 83,803 56,731 $ 25,000 Year End 2019 Projection Revenues Expenditures $ 306,306 $ 279,627 $ - $ 585,933 $ (585,933) 66,294 $ 8,706 $ 100,800 $ 206,400 $ 94,497 $ 22,000 $ 83,803 $ 127,035 51,000 32,250 30,000 66,393 8,706 127,035 263,229 100,800 206,400 135,439 43,000 83,924 56,731 10,000 25,000 TOTAL $ 582,401 $ 1,356,722 $ 758,300 $ 1,559,428 $ 582,500 $ 1,366,942 NET IMPACT TO FUND BALANCE $ (774,321) $ (801,128) $ (784,442) TOTAL FOR COST CENTER $ 582,401 $ 1,942,654 $ 758,300 $ 2,145,360 $ 582,500 $ 1,952,875 $ 1,360,253 $ 1,387,060 $ 1,370,375 *Integrated Salmon Recovery/Flood Hazard Reduction capital and planning projects appear under Cost Center 169114 and 169104. Proposed 2020 Budget Revenues Expenditures $ 322,841 $ 290,639 $ - $ 613,480 $ (613,480) $ 91,500 $ $ 88,676 $ $ 96,066 $ $ 104,082 $ $ 22,500 $ $ 88,676 $ $ 100,000 $ $ 591,500 $ $ (896,165) $ 591,500 $ 134,192 59,440 89,160 30,000 97,159 8,706 134,192 241,269 88,676 96,066 167,385 42,500 88,676 60,244 125,000 25,000 1,487,665 2,101,145 1,509,645 Assumptions/Notes Includes salary for 2.5 FTEs and overtime. 1 FTE WCC crew restoration activities WCC crew contract for maintaining previously planted projects Contracted services for activities supporting planting, fencing, culvert replacement, etc. 0.95 FTE MRC grant funding minus labor Program Coordinator (1 FTE) Sampling personnel, lab contract, one vehicle, equipment (1 FTE + extra help) WCD Data Manager WCD Farm Planners Outreach staff, WCD staff, supplies OSS and small farm cost share PDS Staff Staff time only (0.5 FTE); contracted services under Stormwater budget CosMos Project $125 with funding (RD 40%, BB 10%, GF 30%)+10k for additional buoys Flood Control Zone District 2020 Natural Resources Budget Work Plan and Supporting Documentation Acquatic Invasive Species (169120) Original 2019 Budget Supplemented 2019 Budget Year End 2019 Projection Proposed 2020 Budget Revenues Expenditures Revenues Expenditures Revenues Expenditures Revenues Expenditures AIS ADMINISTRATION Staff $ - $ - $ - $ - $ - $ - $ - $ Office and operating $ - $ - $ - $ TOTAL $ - $ - $ - $ - $ - $ - $ - $ NET IMPACT TO FUND BALANCE $ - $ - $ - $ - AIS OPERATIONS Coordination and Planning Education and Inspection Interlocal Agreement (COB) AIS online education program website maintenance TOTAL NET IMPACT TO FUND BALANCE TOTAL FOR COST CENTER Water Planning (169121) Or WATER PLANNING ADMINISTRATION Staff Office and operating TOTAL NET IMPACT TO FUND BALANCE WATER PLANNING OPERATIONS Coordination and Planning Hirst Response/Watershed Planning LENS Groundwater Model LIO administration Stream Gauging TOTAL NET IMPACT TO FUND BALANCE TOTAL FOR COST CENTER $ - $ 123,000 $ - $ 8,750 $ - $ 131,750 $ (131,750) $ - $ 131,750 $ 131,750 ginal 2019 Budget Suppl Revenues Expenditures $ 56,265 $ 112,529 $ 550 $ 56,265 $ 113,079 $ (56,814) $ 75,000 $ $ 75,000 $ $ (192,950) $ 131,265 $ 200,000 67,950 267,950 381,029 $ 123,000 $ 8,750 $ - $ 131,750 $ (131,750) $ - $ 131,750 $ 131,750 amented 2019 Budget Year Revenues Expenditures $ 56,265 $ 112,529 $ 550 $ 56,265 $ 113,079 $ (56,814) $ 75,000 $ $ 75,000 $ $ (379,643) $ 131,265 $ 209,643 90,659 67,950 86,391 454,643 567,722 $ 123,000 $ 8,750 $ - $ 131,750 $ (131,750) $ - $ 131,750 $ 131,750 End 2019 Projection Pro Revenues Expenditures $ 56,265 $ 112,529 $ 550 $ 56,265 $ 113,079 $ (56,814) $ 75,000 $ $ 75,000 $ $ (379,643) $ 131,265 $ 209,643 90,659 67,950 86,391 454,643 567,722 $ 132,840 $ 8,750 $ - $ 141,590 $ (141,590) $ - $ 141,590 $ - $ 141,590 posed 2020 Budget Revenues Expenditures $ (114,033) $ 67,950 $ $ 67,950 $ $ (305,000) $ 67,950 $ 113,483 550 114,033 100,000 100,000 67,950 105,000 372,950 486,983 Assumptions/Notes Misc. Expenses Contribution to City for AIS Program; includes COB program cost increase Contracted services for online course/website support Assumptions/Notes Watershed Planner Contracts for watershed planning activities Peer review and modification of gw model Administration of LIO process USGS Stream Monitoring/AESI GW Monitoring Contracts WHATCOM COUNTY PUBLIC WORKS DEPARTMENT Jon Hutchings Director MEMORANDUM STORMWATER 322 N. Commercial, Suite 224 Bellingham, WA 98225 Main: (360) 778-6210 FAX: (360) 778-6201 www.whatcomcounty.us TO: The Whatcom County Flood Control Zone District Board of Supervisors THROUGH: Jon Hutchings, Public Works Director FROM: Kraig Olason, Stormwater Program Manager DATE: September 6, 2019 RE: Proposed Resolution to Amend WCC 100.07 - Birch Bay Watershed & Aquatic Resources Management District Funding Mechanism and Interlocal Agreement between Whatcom County Flood Control Zone District and Birch Bay Water and Sewer District Requested Action Please find enclosed for your review and consideration a proposed resolution to amend the Birch Bay Watershed and Aquatic Resource Management District Funding Mechanism (WCC 100.07) and Rate Resolutions (Res 2008-049 & 2008-050). You will also find enclosed an interlocal agreement between the Whatcom County Flood Control Zone District (FCZD) and Birch Bay Water and Sewer District (BBWSD) concerning implementation of mutually beneficial programs, as well as a memo from BBWSD dated August 2010 providing rationale for the original stormwater fee exemption. Public Works requests the FCZD Board of Supervisors provide feedback following a brief presentation from staff regarding the proposed code amendment and ILA with BBWSD. Background and Purpose The purpose of the discussion at the Council Surface Water Work Session is to present council members with a brief presentation and to answer any questions regarding the proposed amendment to WCC 100.07 and the interlocal agreement between the FCZD and BBWSD. BBWSD works regularly with the FCZD through its Sub -Flood Zone, the Birch Bay Watershed and Aquatic Resources Management (BBWARM) district. Both districts share the same goals of protecting Birch Bay's water quality, managing stormwater and providing critical utility services to rate payers in the districts. During major storm events, significant volumes of stormwater effluent enter the BBWSD's sanitary sewer system. Excessive stormwater increases treatment plant costs and sewer rates. The majority of BBWARM rate payers are also BBWSD rate payers. Collaborative efforts that seek to improve stormwater drainage options can often result in reduced quantities of stormwater entering the systems, which can reduce the amount of effluent requiring treatment and subsequent treatment costs. In 2011, an interlocal agreement (ILA) was signed by the two districts that describes the relationship between the two agencies, common areas of concern and shared goals. This agreement also provides a rationale for dispensing with charging fees by either party and emphasizes the types of planning, programming and collaborative projects that would be undertaken. This agreement expired at the end of 2016. Due to a collaborative construction project in 2019, the attached five-year ILA includes minor revisions to reflect recent changes and updates. A review of the ILA by the County's attorney resulted in a suggestion to amend the resolution establishing the BBWARM rates and exemptions criteria to provide basis for not charging the BBWSD One change is being proposed to WCC 100.07.080 — Exemption — Birch Bay Watershed and Aquatic Resources Management District. It provides BBWSD an exemption from fees associated with impervious surfaces as long as an interlocal agreement between BBWSD and FCZD is in effect. The attached ILA has been reviewed and approved by the county's finance and legal departments, as well as BBWSD. Funding Amount and Source No funding source is required; fees are more than off -set by collaborative programs and current costs of stormwater treatment. Please contact Holly Faulstich at extension 6290 if you have any questions or concerns regarding the terms of this agreement. Encl • Exhibit A: Proposed resolution adopting changes to WCC 100.07 (BBWARM). • Exhibit B: Interlocal agreement between BBWSD and Whatcom County FCZD. • Exhibit C: August 2010 memo from BBWSD providing rationale for stormwater fee exemption. EXHIBIT A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 PROPOSED BY: PUBLIC WORKS INTRODUCTION DATE: RESOLUTION NO. ADOPTING CHANGES TO WCC 100.07 BIRCH BAY WATERSHED AND AQUATIC RESOURCES MANAGEMENT DISTRICT FUNDING MECHANISM, BY ADDING AN EXEMPTION FOR THE BIRCH BAY WATER AND SEWER DISTRICT (Council acting as the Whatcom County Flood Control Zone District Board of Supervisors) WHEREAS, on March 13, 2007, the Whatcom County Flood Control Zone District Board of Supervisors adopted Ordinance 2007-019 which created the Birch Bay Watershed and Aquatic Resources Management (BBWARM) District pursuant to RCW 86.15; and, WHEREAS, RCW 86.15.160 (4) authorizes a charge for the furnishing of service to those who are receiving or will receive benefits from stormwater control facilities and programs and who are contributing to an increase in surface water runoff (Res 2008-049 & Res 2008-050); and, WHEREAS, implementation of the Birch Bay Comprehensive Stormwater Plan is needed to solve many of the current stormwater management problems in the Birch Bay Watershed; and, WHEREAS, the Birch Bay Water and Sewer District (BBWSD) works regularly with BBWARM and both districts share the same goals of protecting Birch Bay's water quality, managing stormwater and providing critical utility services to rate payers in the districts; and, WHEREAS, the majority of BBWARM rate payers are also BBWSD rate payers; and, WHEREAS, collaborative efforts between the districts that seek to improve stormwater drainage options often result in reduced quantities of stormwater entering the systems, which can reduce the amount of effluent requiring treatment and subsequent treatment costs; and, WHEREAS, in 2011, an interlocal agreement was signed by the two districts that describes the relationship between the two agencies, common areas of concern and shared goals; and, WHEREAS, this interlocal agreement also provides a rationale for dispensing with charging fees by either party and emphasizes the types of planning, programming, and collaborative projects that would be undertaken; and, WHEREAS, while endeavoring to renew the expired interlocal agreement, it was suggested by the County's attorney that the resolution establishing the BBWARM rates and exemptions criteria be amended to provide a provision for not charging the BBWSD, Page 1 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 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Flood Control Zone District Board of Supervisors that Whatcom County Code 100.07 Birch Bay Watershed and Aquatic Resources Management District Funding Mechanism is hereby amended as outlined in Exhibit Al of this resolution. The new text appears as underlined. APPROVED this day of , 20 WHATCOM COUNTY COUNCIL ATTEST: WHATCOM COUNTY, WASHINGTON Dana Brown -Davis, Clerk of the Council WHATCOM COUNTY EXECUTIVE APPROVED AS TO FORM: Civil Deputy Prosecutor Page 2 Rud Browne, Council Chair WHATCOM COUNTY, WASHINGTON Jack Louws, County Executive ( ) Approved ( ) Denied Date Signed: EXHIBIT Al New language appears as underlined. 100.07.080 Exemptions. A. Property that is owned by, and is the personal residence of, a person or persons approved by the county assessor for a senior citizen or disabled persons property tax exemption under RCW 84.36.381 shall be exempt from the service charge. Any person eligible for this low-income, senior citizen, or disabled persons exemption shall be provided a refund of annual service charges for the subject property for the first year the exemption is sought and for up to three prior years; provided, that eligibility for each year has been approved by the assessor's office; and provided further, that refunds shall not be approved for any year prior to 2009. (Res. 2009-015 § 1 (Exh. A); Res. 2008-049 § 1 (Exh. A § 8)). B. Properties owned by BBWSD are exempted from BBWARM stormwater fees provided an interlocal agreement is in effect between BBWSD and WCFCZD. EXHIBIT B Interlocal Agreement Whatcom County Flood Control Zone District and Birch Bay Water and Sewer District for the Birch Bay Watershed Aquatic and Resources Management District Program Implementation This Interlocal Agreement ("Agreement") is entered into by and between the Whatcom County Flood Control Zone District and the Birch Bay Water and Sewer District ("BBWSD"), referred to herein collectively as the "Parties," pursuant to Chapter 39.34 RCW. WHEREAS, the BBWSD and the Whatcom County Flood Control Zone District ("FCZD") through its Sub -Flood Zone, the Birch Bay Watershed and Aquatic Resources Management District (`BBWARM"), desire to work cooperatively to implement programs that are mutually beneficial; and WHEREAS, the Parties share common goals and compatible programs that seek to protect Birch Bay's water quality by minimizing impacts of development and limiting negative environmental and economic effects of stormwater; and WHEREAS, stormwater enters the BBWSD sanitary sewer system in the form of Infiltration and Inflow (I & I) and is conveyed and treated by BBWSD at a substantial cost to BBWSD rate payers; and WHEREAS, BBWSD operates under terms of NPDES Permit WA-002955-6 that prohibits discharge to the wastewater treatment plant of stormwater and other direct inflow sources and requires that the BBWSD endeavor to remove excess I & I from its system; and WHEREAS, the BBWSD is committed to removing excess I & I from its system; and WHEREAS, efficiencies gained through improved stormwater conveyance and water quality treatment systems will save community sewer rate payers in both sanitary sewer operation costs as well as capital costs required for increased conveyance and treatment plant capacity; and WHEREAS, current costs of treating stormwater incurred by BBWSD exceeds their assessed BBWARM fees; and WHEREAS, the majority of the rate payers in the BBWARM District are also rate payers of the BBWSD; and WHEREAS, collaboration on public education programs, information sharing, joint project planning and coordination of infrastructure development is in the best interest of the rate payers and the community, NOW THEREFORE, the Parties agree as follows: I. Purpose: The purpose of this Agreement is to set the terms whereby the Parties will work together on mutually beneficial projects and programs in lieu of charging each other rates or fees for each Party's respective services. IL Administration: No new or separate legal or administrative entity is created to administer the provisions of this agreement. IIL Whatcom County Flood Control Zone District Responsibilities: The FCZD through the BBWARM Sub -Flood Zone District will implement a comprehensive stormwater program within the BBWARM District Boundaries area. Implementation of said program will include regular communication and interaction with the BBWSD. Specific activities of the FCZD shall include: a. Regular meetings with BBWSD — annually or more often as needed b. Joint planning with BBWSD for major infrastructure projects c. Information sharing with BBWSD d. Collaborative program development with BBWSD, such as: i. Public education ii. Inflow and infiltration program iii. Major and minor infrastructure projects iv. Other activities of mutual benefit IV. Birch Bay Water and Sewer District Responsibilities: BBWSD hereby agrees to work collaboratively with BBWARM where deemed mutually beneficial to both Parties, including items "III a-d" above and handling I & I entering the sanitary sewer system. V. Payment: Any payments under this Agreement shall be in the form of reimbursement for costs incurred for programs or special projects. Each request for payment herein must be agreed upon in writing by the Parties prior to performance of said services and prior to incurring said costs and is to be submitted in the usual form of a claim for services rendered or costs incurred supported by detailed documentation of the services actually performed or costs incurred so as to comply with auditing requirements. Each reimbursement payment shall be made upon approved claims and in accordance with customary procedures. Reimbursement payments due pursuant to this paragraph shall survive termination of this Agreement. VI. Fees: Neither Party will impose fees for utility service provided; except as provided herein. The FCZD and BBWARM will not charge the BBWSD for fees associated with impervious surfaces attributed to the BBWSD, and the BBWSD will not charge BBWARM for any costs associated with BBWSD's treatment of stormwater entering the sanitary sewer system. Notwithstanding the foregoing, the fee exemption set forth herein shall not apply to connection or service charges due to BBWSD in the event FCZD or BBWARM require water or sewer utility service for an office or other facility. VII. Term: This Agreement shall be in effect retroactive to January 1, 2019 and shall expire on December 31, 2024. This Agreement may be renewed for additional five (5) year terms by mutual written agreement of both Parties hereto. VIII. Termination: This Agreement may be terminated by any Party effective January I st of any year in which this Agreement is in effect by giving written notice to the other Party on or before September 30th of the immediately preceding year. IX. Responsible Persons: The persons responsible for administration of this Agreement shall be the Whatcom County Public Works Director and the BBWSD General Manager, or their designees. X. Treatment of Assets and Property: No fixed assets or personal or real property will be jointly or cooperatively acquired, held, used or disposed of pursuant to this Agreement. XI. Indemnification: Each Party agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or those of their officials, officers, agents, or employees to the fullest extent required by law, and further agree to save, indemnify, defend and hold the other Party harmless from any such liability. It is further provided that no liability shall attach to the Parties by reason of entering into this Agreement except as expressly provided herein. XII. Modifications: This Agreement may be changed, modified, amended, or waived only by written agreement executed by the Parties hereto. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of any prior or subsequent breach. XIII. Applicable Law: In the performance of this Agreement, it is mutually understood and agreed upon by the Parties hereto that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance, and the venue of any action arising herefrom shall be in the Superior Court of the State of Washington in and for Whatcom County. XIV. Severability: In the event any term or condition of this Agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this Agreement that can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this agreement are declared severable. XV. Entire Agreement: This Agreement contains all the terms and conditions agreed upon by the Parties. All items incorporated herein by reference are attached. 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. XVI. Recordation: Upon execution of this Agreement, Whatcom County FCZD shall record a copy of it with the office of the Whatcom County Auditor pursuant to the requirements of RCW 39.34 and provide a copy of same to BBWSD. IN WITNESS WHEREOF, the parties have signed this Agreement this of , 2019. BIRCH BAY WATER AND SEWER DISTRICT By: Don Montfort, Board President WHATCOM COUNTY FLOOD CONTROL ZONE DISTRICT By: Jack Louws, Whatcom County Executive STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2019, before me personally appeared Don Montfort, to me known to be the President of the Birch Bay Water and Sewer District, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ) ) ss COUNTY OF WHATCOM ) On this day of , 2019, before me personally appeared Jack Louws, to me known to be the Board of Supervisors Chair of Whatcom County Flood Control Zone District, who executed the above instrument and who acknowledged to me the act of signing and sealing thereof. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires EXHIBIT C �a P,Nb Birch Bay Water and Sewer District 3 Serving the Greater Birch Bay Area Since 1968 COMMISSIONERS, Carl Reichhardt 7096 POINT WHITEHORN ROAD Don Montfort BIRCH BAY, WASHINGTON 98230-9675 Patrick Alesse PHONE: (360) 371-7100 (24 hrs) E-MAIL: off ice®waterdistrict. birch- bay. wa.us GENERAL MANAGER FAX: (360) 371-2806 Roger M. Brown August 30, 2010 Kraig Olason WCPW - Stormwater Division 322 N, Commercial, Suite 301 Bellingham, WA 98225 Dear Kraig: The BBWARM rate ordinance' currently exempts state, city and county streets. The rationale for this exemption is stated in BBWARM's 2009 Annual Report: "Streets serve to convey surface water runoff to the benefit of the storm water system and so are exempted from the charge."2 Like the streets which have been exempted from the BBWARM fee, the District's wastewater collection system conveys large volumes of surface water runoff to the benefit of the storm water system. Because we share BBWARM's concern with protecting water quality, moreover, the District treats the extraneous storm water in its system to rigorous standards prior to discharge and has historically facilitated elimination of onsite septic systems in the Birch Bay area. We believe the existence of shared and complementary goals argues for continued coordination of BBWSD and District programs rather than one agency charging the other for services. Hence, the District requests that the Whatcom County Flood Control Zone District Board of Supervisors exempt the District from the BBWARM fee. The rationale for this proposed exemption is explained more fully in the attached paper. The District also notes that the BBWARM fee does not currently apply to undeveloped parcels. We view this exemption as questionable, because undeveloped property does produce significant runoff, especially under severe weather conditions. We believe such runoff impacts both the BBWARM storm water management infrastructure and the District's wastewater collection and treatment system. Therefore, we request that BBWARM review the appropriateness of exempting undeveloped property from the BBWARM fee, Thank you for your attention to our concerns. If I can assist you in your review, please let me know. Sincer ly, Roger M.. rown Board of Commissioners Enclosures (1) 1 Whatcom County Code Chapter 100.07.050(D)(2). 2 BBWARM District 2009 Annual Report, page 10. POTABLE WATER & WASTEWATER SECONDARY TREATMENT SERVICES MAIN OFFICE 8 MILES WEST OF 1-5, EXIT 266, SOUTH EDGE OF BIRCH BAY STATE PARK DRAFT EXEMPTION OF BIRCH BAY WATER AND SEWER DISTRICT FROM BBWARM FEE The BBWARM fee is based on. impervious surface area and a density factor applied to each parcel in BBWARM's service area. Impervious surface area is expressed in terms of residential Equivalent Service Units (ESUs), which is used to recover BBWARM's fixed costs. Each parcel is also classified according to the density of its impervious surface and assigned to Low, Medium or High density categories. A density charge applied to each parcel's ESUs recovers BBWARM's variable costs. BBWARM's legislative authority, the Whatcom County Flood Control Zone District Board of Supervisors ("Board"), may decide to exempt certain properties from the BBWARM fee, when the Board deems such exemptions appropriate for policy reasons. For example, the BBWARM rate ordinance exempts state, city and county streets. The rationale for this exemption is stated in BBWARM's 2009 Annual Report: "Streets serve to convey surface water runoff to the benefit of the storm water system and so are exempted from the charge."Z In addition, parcels without impervious surfaces pay no BBWARM fee. The reason for this exemption is not entirely clear, although it may be designed to "encourage the retention of open space."3 Because the BBWARM charge is structured as a fee rather than a tax, public agencies are not routinely exempt from payment, with the 2010 BBWARM fee for Birch Bay Water and Sewer District ("District") totaling $5,084.84. For the reasons set forth below, the District requests that the Board exempt District properties from the BBWARM fee. Common Goals of BBWARM and District BBWARM District 2009 Annual Report states "[BBWARM] was established ...to manage stormwater in the Birch Bay Watershed and address concerns about water quality problems..."4 The District shares BBWARM's concerns with storm water and water quality in the Birch Bay area. District management of storm water. The District's NPDES permit and District Code prohibit the direct discharge of storm water to the District's wastewater collection system. During wet 1 Whatcom County Code Chapter 100.07.050(D)(2), z BBWARM District 2009 Annual Report, page 10. 3 Whatcom County Code Chapter 100.07.020. 4 BBWARM District 2009 Annual Report, page 1. DRAFT weather, however, storm water enters the public sewer system through manholes, leaking side sewers, illegal downspout connections and cracks and leaking joints in the sewer pipes. This extraneous flow is called Infiltration and Inflow (I & 1). The District's NPDES permit requires the reduction or elimination of excessive I & I, implicitly recognizing that the sewer system — even when functioning properly - will contain significant storm water, especially during wet weather. For example, as shown in the attached graph, storm water comprised a substantial share of the flow to the District's WWTP during wet weather months. From 2007-2009, storm water comprised 23% of total flow to the WWTP during wet weather months. On the days when flow to the WWTP was at its peak (i.e., during major storm events), the relative amount of storm water flow averaged 69% of total WWTP flow. This storm water flow must be treated at the WWTP and requires hydraulic capacity throughout the District's wastewater system. Districtprotection of water quality in Birch Bay. Created by a vote of the people in 1968, the District operates as a municipal government under Chapter 57 Revised Code of Washington under policy direction of an elected three -member board of commissioners. The main impetus for formation of the District was concern about water quality impacts on Birch Bay. These concerns are documented in the District's 1970 Comprehensive Plan:5 "Waste disposal consists of individual septic tanks and drain fields with a few septic systems discharging effluent directly into the waters of Birch Bay. In most areas, soil conditions are not suitable for proper septic system operation." — pg. 2 "It was not until the latter part of 1966 that the increase in residents and resort activity made evident a problem of even greater magnitude that of water pollution to the Bay area caused by malfunctioning and overloaded septic systems." — pg.4 "The serious nature of the situation was impressed upon the community by the Washington State Health Department and precipitated efforts to correct the worsening condition through formation of another public utility." — pg. 4 "Of prime importance now, was the installation of a sewerage system to abate the pollution of shallow Birch Bay ..." —pg. 4 5 Hill, Ingman, Chase & Co. General and Com rehensive Water and Sewerage plans For W atcorn ounty Water District No. 8. Seattle: U.R.S. Systems Corp., 1970. DRAFT The District responded to these environmental issues by constructing a sanitary sewer system, including a wastewater treatment plant (WWTP) with a secondary effluent outfall lying 1,500 feet off Point Whitehorn near the Georgia Strait in 50 feet of salt water. The District's WWTP and outfall are regulated pursuant to a National Pollutant Discharge Elimination System (NPDES) permit designed to protect receiving water quality. The Department of Ecology (DOE) has recognized the District a number of times for perfect compliance with all conditions of the NPDES permit (see attached article). Development of the District's sanitary sewer system facilitated elimination of onsite septic systems in the Birch Bay area. According to the District's 1978 General and Comprehensive Plan.for Water and Sewerage Facilities, the District began issuing sewer connection permits in September 1976. By July 2010, the District had made 4,482 connections to the sanitary sewer system. On March 15, 2001, DOH reduced the closure zone around the District's outfall from 2,640 feet to 1,380 feet, an area no longer extending to the shoreline or intertidal beaches at Point Whitehorn. This action, which reopened 1.5 miles of beaches around Point Whitehorn to recreational shellfishing, was based on DOH's evaluation of the District's WWTP operation and inspecting and testing at monitoring sites near Point Whitehorn (see attached article). Benefits to BBWARM Much like the streets which have been exempted from the BBWARM fee, the District's wastewater collection system conveys surface water runoff to the benefit of the stonn water system. In addition, the District's system treats surface water to rigorous standards prior to discharge. The District does not charge BBWARM for these services. Collaboration The BBWARM 2010 Work Plan seeks to "Partner with other organizations on programs or projects that serve to protect or restore water and aquatic resources in the Birch Bay Watershed." Accordingly, BBWARM and District staff have implemented quarterly meetings to identify opportunities to coordinate activities to enhance service to the Birch Bay community. Here are a few examples of activities being discussed and/or implemented. BBWARM is sponsoring a native plant workshop which will also cover alternatives to traditional lawn turf. Like the rain barrel promotion, these presentations are consistent with District objectives for the Water Conservation Program. BBWARM will hold this event at the District's headquarters facility in Birch Bay with District staff support. Because of the general similarity of the two programs, the District shared space in its information booth with BBWARM at Discovery Days this year. DRAFT With support from the City of Blaine, the District provides education on Water Conservation to the Blaine School District each year. BBWARM elements may potentially be incorporated into the school education program in the future. The District operates a Water Conservation Program, which includes promotion of rain barrels as a tool for managing water demand. Because BBWARM is considering the use of rain barrels to help manage storm water, there is potential for coordinating these efforts for mutual benefit. As the District implements efforts to reduce or eliminate I & I — keeping it out of the District's sewer system — it necessarily creates additional flow that must be managed within the BBWARM'system. District and BBWARM efforts will be most efficient and effective if these activities are carefully coordinated. SUMMARY Both BBWARM and the District are concerned with managing storm water efficiently while protecting public and environmental health. The existence of shared and complementary goals argues for coordination of BBWSD and District programs rather than one agency charging the other for services. Hence, the District requests that the Board exempt the District from the BBWARM fee. Birch Bay water sewer district lauded by DOE BY REBECCA SCHWARZ KoPF Birch Bay Water and Sewer District was recognized last week by the Department Of Ecology for operating an outstanding water treatment plant. The district was awarded with the "Out- standing Wastewater Treatment Plant" award, for the fourth year in a row. There are only about 31 plants out of approxi- mately 300 wastewater treatment plants in the state that were in 100 percent compli- ance with the conditions stipulated in their NPDES (National Pollutant Discharge Elim- -ination.System).wastewater discharge per- mits during 2002. In the award notification letler, the Depaetme-nt of Ecology (DOE) states., "Birch Bay Wastewater I'reaLMell t Plant is;mzn:by dedicated workers with operation, naainte- eance,.'engineering and adraWstrative.sup- �ort.tl at combined'to ensure outstanding compliance Qualified operators air, critical for successful plant operations and the pro- tection of our state's water quality." Richard Grout of the DOE said the Birch Bay treatment plant has shown a trenien- dous amount of work. "Four years of per- fection - that's really a big thing," he said. Grout, as well as DOE permit manager Mark Henderson presented a plaque to wastewater manager 5teve.Hovde and staff last Thursday at the plant. wastewater upoi,ii,.,i, 1-ic al,.•, noted that the I?,ir Fi 1-.., .urnm,i nit), and the &,mci 1-� .:-.I c,1 coal. missioners have f",", I' I !f„_ t,,,p needed to dr, :i i,.1• ,. ,i.,h 1r,1:• including eq(npm,[1: 11 iininC jild operation and i mw- i, ,: lunrl ,ng "These 100 iaer• . n; nnl,ham rl% arck translate to ajob well do in pro tecung our receiving -wati and keeping our beaches cleat Hovde said. 1 he only other plants in t _c,unty to receive this award we t•Je halem and Post Point lidlingham. ♦ the oepartment of ecology presented an "outstanding vlastewater treatment plant" award to the Birch Baywaterand sewerdistrict last week. From left; Mark Henderson with the DOE, Fred Reid, Jeff Brant, Mike Roof, Steve Hovde, Roger Brown, and Richard Grout MOEI Photo by Rebecca Schwarz K. Award... (continued from page 1) "They had to get everything right. That's pretty much an incredible thing to do," Hender- son said, noting the plant had to hit all of the water quality para- meters and limits. "16 pretty easy to mess up when you're dealing with millions a f gal- lons," Henderson said. "To. receive this award four years in a row is big." On an annual average, Hender- son said, about 622,000 gallons go through the plant each day. "We're honored to be included among, this year's 31 award rerip- ients_ Even better, Birch Bay is one of only four facilities state-wide to receive this award the past four consecutive years. That puts this operation in the top one percent," said general manager Roger Brown. Hovde said that receiving the compliance award four years in a row represents - a tremendous amount of hard work and dedica- tion on the part of plant operators Mike Roof, Fred Reid and Jeff Brant and the rest of the district staff that supports and assists ♦ Richard Gram, right, of the Departr , of Ecology, presentedthe award to Blrchl ay wafer -sewer district manager5teve Hovde last week. Photo by Rebecca Schwarz K F R I D A Y. A P R T T. 1 A 9 n n I THE BELLINGHAM HERALD EDITORIAL BOARD Pam Meals, president and publisher Evan Miller, managing editor Carolyn Nielsen, editorial page editor Jay Hynds, community member Peggy Parker, community member 0 Shellfish opening a good sign RESOURCES: Efforts by Birch Bay Water and Sewer District to curb pollution are model for tainted sites elsewhere. It's been a long, long time since there was any good news about Birch Bay shellfish — or most shellfish in Puget Sound outside of aquaculture enclosures. Last week, the state Department of Health announced that for the first time in 25 years, the Point Whitehorn beach is open for recreational shellfish harvest. That's enough time for a whole new generation to have been born in most families. Anyone who has ever been clamming as a kid or with a kid can tell you it's a memorable experience — and one likely to Ourdraw tourist dollars into the area - But aside from being A21 a great family activity,the opening of the shellfish bed is a sign of something gone view- ew right in terms of controlling pollution. Stop the presses. The state Department of Health has been studying the shellfish along a 10-mile stretch of beach southwest of Birch Bay State Park for years and has finally concluded that the Birch Bay Water and Sewer District outfall has no negative effects on shellfish health and that shellfish aren't absorbing any contaminants that might be harmful to the humans who eat them. As a blanket rule, the state closes shellfish harvests within a half -mile of waste water treatment plant outfall pipes because viruses and toxins found in things like household cleaners could contaminate the shellfish. In this case, however, the plant has been shown to be doing a good job of not releasing contaminants into the bay, so the state has made an exception to the rule. Sewer district Manager Roger Brown can give himself and his crew a pat on the back for keeping systems upgraded and in good working order and allowing the shellfish bed to reopen. Last month, the district completed a $1.5 million renovation to expand capacity and modernize equipment and did so without raising costs for ratepayers. With the increased capacity, the effluent it pumps out will be even cleaner than what the Health Department has studied. The same is not true in Drayton Harbor, the site of the Blaine sewage treatment plant and several shellfish beds that have been closed for years because of high levels of fecal coliform that have been measured in the water. Drayton Harbor has been getting increasingly worse and Health Department officials have closed larger and larger sections of it to harvest. The opening of Point Whitehom to recreational clamming is a positive for our community not only for the tourist draw and family fun, but also because it provides a positive example of hove things should be done elsewhere and -it shows how we can use technology as one tool to help do better by our environment. 2007-2009 Peak Day Wet Weather Stormwater Flow to WWTP WWTPp�Flow 3 1 �p 5toi 2007-2009 Wet Weather Stormwater Flow to WWTP WWTP Plow 77% I+ Stormwater 23°%