Planning Commission Fails to Remove Cherry Point From Birch Bay Mitigation Plan
Permalink +Wed, Dec 14, 2011, 9:05 am // Wendy Harris
On Thursday, December 8, 2011, the Whatcom County Planning Commission held a well-attended public hearing on the Birch Bay watershed “in lieu of fee” mitigation proposal (“the proposal”). The public record for written comment was left open until January 12, 2012.
The Commission rejected the Planning Department’s recommendation to remove Cherry Point, along with a harmful loophole provision, and sent the proposal back to the Planning Department for other refinements. Commissioner Lesow tried to make a motion to remove the Cherry Point Industrial District, but it died when he failed to receive a second on his motion. These events made a very clear point. The Commission is currently unwilling to approve a mitigation plan that excludes the Cherry Point Industrial Area.
Planning Commissioners stated it was unfair to treat industrial development different than residential and commercial development. They did not consider the higher percentage of impervious surface created by industrial development. Because impervious surface generates stormwater run-off, industrial development poses greater stormwater management challenges than smaller development.
Public comment reflected two strong sentiments. The County should: 1) allow “low impact development” and 2) prohibit reduced wetland and stream buffers for the Cherry Point Industrial Area.
For those unfamiliar with the term “low impact development,” (LID) it is a design method relying upon a development site’s natural hydrologic functions to control stormwater close to the source. Traditional stormwater management transports stormwater off-site through a system of pipes, and requires mitigation that is often unsuccessful. LID standards focus on prevention of ecological harm by infiltrating rainfall water to groundwater, reducing stormwater runoff. The result is a landscape functionally equivalent to predevelopment hydrologic conditions, which protects habitat and causes less water pollution. Common LID practices include bioretention and rain gardens, vegetated swales, native vegetation and tree retention, permeable pavers, soil amendments, rain barrels, rooftop gardens and reduced impervious surface.
We can achieve both goals requested by the public. As currently drafted, the proposal links LID stormwater design to habitat buffers. However, stormwater management and habitat buffers perform different functions, and are not ecologically equivalent. The county should enact LID standards independent of an unworkable off-site habitat mitigation plan.
As drafted, the mitigation plan allows developers in the Birch Bay watershed who use LID standards to opt into a habitat fund, and obtain a reduced habitat buffer. (Other buffer impacts are “assumed” to be mitigated on site through the use of LID standards.) The habitat fund fees are used for subsequent purchase of property and/or easements for off-site habitat mitigation (“receiving areas”) handled by the county. In theory, the off-site habitat provides “environmental enhancement,” or increased ecological function, so that developers and the public equally benefit.
In order to work, LID standards must be adequate and the receiving sites must result in greater conservation value. This requires the ability to objectively measure and monitor a number of complex, technical issues (i.e., current ecological function, including species abundance and diversity; availability, identification, and analysis of receiving sites; adequate habitat fund fees to maintain on-going mitigation; and holistic watershed based LID standards tailored to specific sub-basin conditions, such as ground tables, soil infiltration, zoning, and development levels.) The Planning Department proposal falls short on these goals, failing to protect not only Cherry Point, but the entire Birch Bay watershed.
This is understandable, given the daunting complexity of a combination “off-site habitat enhancement/LID incentive” in lieu of fee mitigation program. Detailed scientific analysis and objective, quantifiable standards are required for both programs, but when conjoined, a new challenge is created. The development incentives and the environmental enhancement must achieve a fair balance. When development incentive is increased, (i.e., greater buffer encroachment, reduced habitat fees, etc.) environmental enhancement is reduced (i.e., less on-site habitat available during 3 year delay between development and establishment of receiving site, less funding available for long term habitat fund management). Thus, a delicate balance between these two goals must be achieved.
As reflected in Thursday’s public hearing, the Planning Commission is not interested in a delicate balance. In addition to rejecting the Planning Department’s recommendations (to remove Cherry Point Industrial Area, including part of the project site for SSA and associated rail tracks, and a loophole allowing waiver of LID requirements), it directed the Planning Staff to incorporate stronger and simpler development incentives. Little concern was voiced for environmental enhancement standards.
I urge the Planning Department to drop its unworkable in lieu of fee mitigation proposal. We do not need a complicated offsite habitat buffer proposal to obtain something that is already a public right. The County has existing authority to impose LID development standards on new development. The nexus between water quality and stormwater runoff is so firmly established by science that it can not be disputed that the County has the legal authority to regulate stormwater design in the interest of public health and safety. Many jurisidictions have done just that.
The problem the Planning Department tried to address was the political practicality of attempting to impose new regulations on a vocal and powerful development lobby. However, I am encouraged by the active community opposition to the SSA Gateway Pacific Terminal proposal. An engaged and informed citizenry will understand the connection between the need to protect fish and wildlife at Cherry Point and within the Birch Bay watershed generally, and our right to demand the most protective standards for stormwater design.
Studies have established that LID standards are actually cost effective, particularly over the long term. How much incentive does a developer need to act in his/her self-interest? Given the greater challenges posed by industrial development, a better case could be made for industrial incentives, although a LID program could be limited to residential and/or small commercial development in conformity with the recommended policies of the EPA and the Washington Department of Ecology.
Please send a written comment to the Planning Commission at PDS_Planning_Commission@co.whatcom.wa.us by January 12, 2012. Tell the Commission:
- You do not support the Birch Bay watershed in lieu of fee mitigation proposal. It is not likely to be successful and will result in public subsidy of private development costs when the public is forced to pay for restoration of degraded waters and lost habitat.
- You strongly support LID stormwater standards and would like to see LID standards enacted, but not as a part of an offsite habitat buffer mitigation proposal.
- You do not want to reduce protection for Habitat Conservation Areas provided for in the County Critical Area Ordinance. Fish and wildlife play an important role in a healthy, functioning ecosystem. The proposal has a number of provisions that are likely to harm habitat and increase fish and wildlife mortality, such as 3 year delay between development and the creation of off-site habitat.
- You do not support reduced habitat buffers in industrial areas such as Cherry Point, and would like to see Cherry Point and the LID waiver loophole eliminated. Best available science indicates industrial development has greater environmental impact, and may require different development standards than residential development.
Send a written comment to Whatcom County Planner Peter Gill, at pgill@co.whatcom.wa.us, thanking him for being responsive to public input. We want to encourage more of this behavior. Maybe it will rub off on the County Planning Commission.
Comments (0)
To add a comment, click here to login or register.
Will Lake Whatcom Watershed Reconveyance Be Approved?
Mon, May 21, 2012, 3:14 pm // Wendy Harris
After years of debate, the County Council may be requesting that DNR approve the Reconveyance0 comments
Last chance, file for PCO
Fri, May 18, 2012, 11:27 am // Riley Sweeney
A short plea for public involvement from Riley
0 comments
DRONES!
Thu, May 17, 2012, 10:43 am // Tip Johnson
Footage overlooking the Fairhaven area4 comments; last on May 21, 2012
Cascadia Weekly again on target with the Port
Wed, May 16, 2012, 4:15 pm // John Servais
In today's Cascadia Weekly, Tim Johnson analyses the Port Commissioner meeting and the shenanigans of Walker and Chmelik.0 comments
City Staff Lacks Impartiality On Dock Closure
Tue, May 15, 2012, 7:32 pm // Wendy Harris
A City staff memo on the Bloedel dock closure reads more like an advocacy brief0 comments
Port Commission Expansion to be on November Ballot
Mon, May 14, 2012, 6:07 pm // John Servais
Port Commissioners McAuley and Jorgensen voted to put on November ballot the question of expanding commission from 3 to 5 members.5 comments; last on May 15, 2012
Cascadia Weekly Rips Port - Urges 5
Wed, May 09, 2012, 6:11 am // John Servais
Today's Cascadia Weekly rips the Port staff on changed waterfront plans and sees 5 commissioners as possible solution to poor decision making.2 comments; last on May 10, 2012
R.G. Haley Site: Will Funding Come With a Side of Dioxin?
Mon, May 07, 2012, 11:22 am // Wendy Harris
Dioxin contaminated sediment dredged from Squalicum Harbor, dumped at the Cornwall Landfill, may be spread across the R.G. Haley site.0 comments
Port and City Provide The Truth But Not the Whole Truth
Sat, May 05, 2012, 12:13 am // Wendy Harris
Treaty Rights and Public Rights Ignored During Joint Port/City Meeting on Status of Waterfront Redevelopment1 comments; last on May 07, 2012
Port 5 - Hour of Audio Information
Thu, May 03, 2012, 9:23 pm // John Servais
The Joe Show had John Servais on the air for a full hour on Thursday - and we link to the pod cast.3 comments; last on May 05, 2012
New Facebook Page for Port Reform
Tue, May 01, 2012, 10:24 am // John Servais
Bellingham Port Reform has a Facebook page, courtesy of Tip Johnson.1 comments; last on May 02, 2012
Port Loses New Boat Builder Tenant
Tue, May 01, 2012, 9:34 am // John Servais
Port of Bellingham signed lease a month ago to hoopla and now the boat builder is exiting for Anacortes.11 comments; last on May 08, 2012
Speakers to address Port on Tuesday
Mon, Apr 30, 2012, 10:54 pm // John Servais
Several people will be urging the Port of Bellingham commissioners to place the question of expanding to 5 commissioners on the ballot.0 comments
5 Port Commissioners Initiative Now Circulating
Sat, Apr 28, 2012, 10:09 am // John Servais
A county wide initiative will allow voters to decide whether to expand the Port of Bellingham commission from 3 to 5 commissioners.1 comments; last on Apr 28, 2012
Ron Paul Delegates Railroaded at Whatcom GOP Convention
Tue, Apr 24, 2012, 12:07 pm // Riley Sweeney
Riley attended the Whatcom GOP Convention and reports back
1 comments; last on Apr 29, 2012
Charlie Sheldon has Herald Op-Ed
Tue, Apr 24, 2012, 9:25 am // John Servais
Today's Bellingham Herald carries an article from Sheldon, with facts, falsehoods and his perspective on his forced resignation as Executive Director of the Port of Bellingham.0 comments
The Road to Nowhere Can Go Forward
Tue, Apr 24, 2012, 1:02 am // Guest writer
Developers are gaming the system with help from the county government - and big changes are made in multiple small changes.
1 comments; last on Apr 27, 2012
Earth Day Alert: Rocket Donuts to throw Fairhaven trees in the Deepfry
Sun, Apr 22, 2012, 7:28 pm // Tip Johnson
Will donuts prove more important than street trees?
10 comments; last on May 02, 2012
Video of port commissioners is posted
Wed, Apr 18, 2012, 12:28 pm // John Servais
A 26 minute video of the port commissioners explaining their positions on the firing of executive director Charlie Sheldon is posted.7 comments; last on Apr 19, 2012
Port Meeting Today, Tuesday, at 3 p.m.
Tue, Apr 17, 2012, 12:51 pm // John Servais
At 3 p.m. today - Tuesday, April 17 - the Port of Bellingham meets. Let's attend and support rehiring Charlie Sheldon.3 comments; last on Apr 18, 2012
100 years ago, at 5:38 p.m. today Bellingham time
Sat, Apr 14, 2012, 4:09 pm // John Servais
The Titanic struck the iceberg at 11:40 p.m. This post is non political - unless you want to draw a parallel with recent Port of Bellingham events.0 comments
Jim Jorgensen May Reverse His Vote
Fri, Apr 13, 2012, 5:47 pm // John Servais
Friday update: Herald reports Jim Jorgensen could change his mind on firing of Port of Bellingham Executive Director Charlie Sheldon3 comments; last on Apr 17, 2012
Two Port Commissioners Held Illegal Meeting
Tue, Apr 10, 2012, 8:52 pm // John Servais
An illegal serial Port Commission meeting should be investigated by the State Auditor, and two commissioners should be made accountable for their actions.
5 comments; last on Apr 11, 2012
A Time for Port Reform
Sun, Apr 08, 2012, 11:33 am // Tip Johnson
Wherein the shenanigans start smelling too fishy to tolerate1 comments; last on Apr 11, 2012
Padden Trails. It Is Not About Infill; It Is About Profits
Sat, Apr 07, 2012, 2:05 pm // Dick Conoboy
The issue is not sprawl or infill, but the money to be made by the type of infill and its placement7 comments; last on Apr 09, 2012
Growth, Sprawl & Infill: Padden Trails Project
Fri, Apr 06, 2012, 8:16 am // Guest writer
Ken Mann writes a guest article of his personal support for the Padden Trails development inside the Bellingham city limits.
3 comments; last on Apr 07, 2012
Petition to Keep Charlie Sheldon is Online
Thu, Apr 05, 2012, 4:00 pm // John Servais
An Online petition has been posted where citizens can sign on to request the Port Commissioners revote on Charlie Sheldon's termination.5 comments; last on Apr 06, 2012
We Can Expand Port Commission to Five
Wed, Apr 04, 2012, 3:16 pm // John Servais
State law allows us to pass an initiative and increase the number of port commissioners from three to five. Thanks to Harriet Spanel.4 comments; last on Apr 05, 2012
Two Commissioners Demanded Charlie Resign
Tue, Apr 03, 2012, 6:25 pm // John Servais
Port Commissioner Mike McAuley did everything he could do to change Jim Jorgensen's mind. Jim and Scott Walker forced Charlie Sheldon out.6 comments; last on Apr 06, 2012
Questions about Population Growth
Mon, Apr 02, 2012, 12:43 pm // Larry Horowitz
Where to begin? Misinformation. Disinformation. Truths. Myths. Same old, same old. Paradigm shift. GMA. OFM. Growth pressures. Population loss. Growth subsidies. Proportionate share.36 comments; last on Apr 11, 2012
Charlie Sheldon resigns as Port Director
Mon, Apr 02, 2012, 12:35 pm // John Servais
This morning, Charlie Sheldon, unexpectedly resigned as Executive Director of the Port of Bellingham.10 comments; last on Apr 03, 2012
Mayor Kelli comes through for voters
Mon, Apr 02, 2012, 1:03 am // John Servais
A thanks to Kelli Linville for her quiet and effective solution to the onerous red light cameras dilemma.0 comments
City Has No Love For Fish and Wildlife
Thu, Mar 29, 2012, 10:32 pm // Wendy Harris
Development at Bloedel Park ignores impacts to important shoreline habitat2 comments; last on Mar 31, 2012
Padden Trails Provides Infill
Mon, Mar 19, 2012, 1:07 am // Guest writer
Guest writer Bill Geyer, who is the consultant for the Padden Trails Development, presents facts and perspective on the development.
34 comments; last on Apr 15, 2012
Useful Police Activity Visualization Now Online
Sun, Mar 18, 2012, 11:58 pm // John Servais
A new private website displays crimes by dates, on a Bellingham map, or by graphs for all citizens to use.5 comments; last on Mar 21, 2012
Sunnyland neighborhood asks for support
Thu, Mar 15, 2012, 2:11 pm // Guest writer
By guest writer Mike Rostron. Sunnyland residents support infill but not overfill. The old Department of Transportation site on Sunset is the development site.
40 comments; last on Mar 19, 2012
NWCitizen upgrade is completed
Mon, Mar 12, 2012, 11:33 am // John Servais
Just a short note about nwcitizen past few weeks effort1 comments; last on Apr 10, 2012
2012-2013 Priorities from City Council
Sun, Mar 11, 2012, 11:20 am // Dick Conoboy
The City Council outlines their agenda for the coming year2 comments; last on Mar 12, 2012
The Curious Disappearance of Bob Ferris
Fri, Mar 09, 2012, 12:15 pm // Riley Sweeney
Riley gets to the bottom of this in a NWCitizen Exclusive
4 comments; last on Apr 01, 2012
Padden Trails is Chuckanut Ridge Lite
Wed, Feb 22, 2012, 2:04 am // Guest writer
Yet another neighborhood wants the Planning Department to protect public health, safety, and general welfare
6 comments; last on Feb 24, 2012
Congressional Candidates and Overstreet’s Town Hall
Sun, Feb 19, 2012, 6:37 pm // Riley Sweeney
Riley at The Political Junkie attends a forum of Congressional Candidates, and a town hall meeting in Lynden0 comments
New links
Bham Police ActivityFacebook Port Reform
Jack Petree
Current Interest
Bham Camera ScamBham Police Activity
Colbert Super Pac
Facebook Port Reform
Local Blogs & News
Bellingham HeraldBham Politics & Economics
Bhm Herald Politics Blog
Bob Sanders
Cascadia Weekly
Citizen Ted
Ferndale Record
Foothills Gazette
Get Whatcom Planning
HamsterTalk
Jack Petree
KGMI
Latte Republic
Lynden Tribune
MikeatthePort
Northern Light
Northwest Review
Sweeney Politics
Twilight Zoning
Wally Wonders
Western Front - WWU
Whatcom Watch
Local causes
Bham Camera ScamBham CofC political blog
Chuckanut Mountains
Citizens of Bellingham
City Club of Bham
Community Wise Bellingham
Conservation NW
Cordata & Meridian
Facebook Port Reform
Futurewise - Whatcom
Jail - local mega plans
Lake Whatcom
N. Cascades Audubon
N. Sound Conservancy
Neighborhood Schools Coalition
No Leaky Buckets
NW Holocaust Center
RE Sources
Transition Whatcom
WA Conservation Voters
Publisher recommended
Americans Elect 2012Bham Police Activity
Bham Politics & Economics
Community Wise Bellingham
Facebook Port Reform
Guardian Unlimited
Paul Krugman - economics
Redistricting WA state
Sweeney Politics
Watts Up With That? - climate
WikiLeaks.ch
NwCitizen 1995 to 2008
Early Northwest CitizenWeather & Climate
Cliff Mass Weather BlogClimate Audit
NW Radar
Two day forecast
Watts Up With That? - climate
Cascadia
Crosscut SeattleJoel Connelly
Orcinus
Portland Indy Media
Seattle Indy Media
Washington Votes
Leisure
Adventures NWEdge of Sports
Entertainment NNW
Famous Internet Skiers
Sailing Anarchy
Worth checking out
Al-Jazeera onlineAlaska Dispatch
AlterNet.org
Americans Elect 2012
Antiwar.com
Arab News
Asia Times
Atlantic, The
Buzz Flash
Common Dreams
counterpunch
Daily Beast, The
Daily Kos
Daily Mirror
Drudge Report
FiveThirtyEight
Foreign Policy in Focus
Guardian Unlimited
Gulf News
Haaretz
Huffington Post
Innocence Project, The
Intrnational Herald Tribune
James Fallows
Jerusalem Post
Juan Cole
Le Diplo
Media Matters
Middle East Times
MoveOn.org
Nation, The
New American Century
News Trust
NMFA
numbers
Online Journal
Palestine Daily
Palestine News
Paul Krugman - economics
Personal bio info
Politico
Progressive Review
Project Vote Smart
Reuters
Sea Shepherd
Slate
Talking Points Memo
The Onion
Tom Paine.com
truthout
War and Piece
WikiLeaks.ch
ynetnews.com
Governments
Auditor election pageBellingham
Bham - PFD
Bham Police Activity
Candidate Filings
Election Results
Port of Bellingham
Redistricting WA state
Skagit County
The White House
WA State Access
WA State Elections
WA State Legislature
Whatcom Auditor
Whatcom County
Other - for whatever
Ban Red Light CamsBushFlash.com
Chickehhawks
Coal quandary
Doonesbury
George Bush
Info Clearing House
Mainstreampolitics
Michael Moore
Nat Geo on Coal Trains
Reality News
The Crisis Papers
Third World Traveler
Unity08
Washington Outsiders
Less active
Bellingham RegisterCarl Weimer
Eye on Whatcom
John Watts
Post-Oklahoman Confessions
The American Telegraph
Quiet, offline or dead
David HackworthGitmo prisoner 345
Mega Awesome
Not in my county
Parkenfarker
Pro-Whatcom