After refusing to update Lake Whatcom watershed stormwater standards, the County has set a new challenge for itself… decreasing stormwater standards that are otherwise applicable.  And they picked another of the County’s most impaired and sensitive watersheds, Birch Bay, for this challenge.  On Thursday, June 27, 2013, there will be public hearing before the Whatcom County Planning Commission on whether to exempt the Birch Bay Urban Growth Area from application of updated stormwater standards.

Updated stormwater standards will be imposed on more County development in August. To improve water quality standards, the federal government has expanded application of stormwater requirements under the National Pollutant Discharge Elimination System (NPDES).  While NPDES II permit requirements already exist for municipalities, the update will make the stormwater standards applicable to a wider range of development (i.e, new development, redevelopment, construction sites, involving 2000 sq. feet or more), in areas of the County with higher population densities.  

The updated standards are incorporated into the Washington State Department of Ecology (DOE) 2012 Stormwater Management Manual for Western Washington.  The new stormwater standards are applicable in 2016, unless a municipality adopts the standards earlier.  And under WCC 20.80.630, Whatcom County follows the most current version of the DOE stormwater manual, unless local stormwater standards are more protective.

The Birch Bay UGA would not normally have been covered by the new NPDES II permit, but Resources successfully petitioned DOE to include the UGA based on the combined population of Birch Bay and Blaine and the importance and sensitivity of Birch Bay.  As a result, NPDES II permit requirements will apply to appropriate Birch Bay development beginning on August 1, 2013.

The proposal set for public hearing specifically exempts the Birch Bay UGA from the County Code statute that incorporates current stormwater manual standards. Instead, the NPDES II permit will not be applicable until it is mandated under state law in 2016.  Because this is a zoning change, it requires a determination that the rezone complies with the GMA.  

It is pretty clear that the County is attempting to undo the determination that the Birch Bay UGA is subject to NPDES II permit requirements.  If this proposal is approved, its effect will be to allow development in the Birch Bay UGA under outdated 2005 stormwater standards. That gives Birch Bay UGA developers a three year window to “vest” development under less protective standards by submitting a development permit application.

The arguments advanced by the County to establish GMA compliance are pretty pathetic.  It asserts that this keeps “housing costs in the NPDES Phase II area comparable with the rural areas; and therefore encourages development in the UGA.”  Restricting development to a UGA looks quite different than encouraging a greater amount of development within a UGA.  The effect of this exemption will be to encourage any one who will be subject to the new NPDES II requirements to expedite development in order to take advantage of the temporarily lax standards. It is almost certain that there will be increased development if this proposal passes, but it does nothing to assure that growth is otherwise directed to urban, rather than rural areas.

The County also asserts that the exemption will advance the GMA “policy goal of timely review of permits”, whining that there are a lack of training opportunities and guidance on the new stormwater rules.  This is contradicted by a quick review of the DOE website, which contains extensive training materials and reflects a multitude of training sessions throughout Western Washington. If this were true, the County could for ask remedial assistance, and it would be seeking to exempt the NPDES II permit requirements uniformly through out the County, not just in the Birch Bay UGA.  

Next, the County attempts to address water quality concerns by asserting that current stormwater requirements meet or exceed (outdated) 2005 standards. However, the County lacks any evidence that the 2005 stormwater standards are adequate to protect water quality, which is another GMA goal, albeit one that is not mentioned.  The County fails to cite any scientific data indicating that water quality problems are improving in Birch Bay.

Instead, the facts clearly indicate the need for stricter stormwater standards.  Birch Bay is an impaired watershed and requires special assistance. The most intensive development will be cited within the UGA development, underscoring the need for better water quality protection.

Facts indicating that updated stormwater standards should be imposed in August, 2013 are as follows:

  • Birch Bay is the only marine shoreline designated as a Shoreline of Statewide Significance under the SMA. 
  • It is an impaired water body subject to a TMDL under the Clean Water Act.
  • It is the largest recreational shellfish area in the state, but is subject to harvest closures due to poor water quality. As a result, it was added to the County’s list of shellfish protection areas.
  • Terrell Creek contains some of the County’s most important biodiversity, habitat and connectivity corridors, but there have been several incidences of fish kills due to water quality, and the ability to protect fish is a pressing concern.
  • Residential development is a primary contributor to water quality degradation based on a number of different studies done by the state and the County.
  • A special stormwater district was established in 2007, the Birch Bay Watershed and Aquatic Resources Management District (BBWARM), to address water quality and habitat concerns.  In other words, this watershed requires a higher level of protection and restoration.   
  • Many parts of the UGA are within critical areas based on a high rating for susceptibility to groundwater contamination. Updated stormwater standards would help protect critical aquifer recharge areas.  
  • Protecting water quality would also help protect the amount of water available for use by the increased population that will the County will be required to serve.
  • DOE specifically and affirmatively included Birch Bay as a new permit area under the updated NPDES II requirements.

The proposal takes the County, again, in the wrong direction. It protects the rights of developers to profit, at the expense of public health and safety.  The County needs to begin hearing from the public on matters of water quality and water quantity.  Please send a letter or the Planning Commission, the Executive and the County Council opposing this plan.