PORTAGE BAY SHELLFISH PROTECTION DISTRICT
ADVISORY COMMITTEE SUMMARY

ZIp File of 2002 Summaries

AGENDA

MEETING ATTENDANCE

DOCUMENTS DISTRIBUTED

• Agenda
• 11/21/01 Meeting Summary for review
• Dairy Nutrient Management Act Enforcement Summary - DOE
• Summary of Marine Water Data - Portage Bay
• Summary of Shellfish Growing Areas Water Quality Study Results (6 pages)
• Fecal Coliform and 90th Percentile Graphs for Stations 49, 50, 51, 52, 53, 54, 55

MEETING CONTENTS

1. Public Comment Period

No comments from the public.

2. Review Previous Meeting Summary and Meeting Agenda

11/21/01 Meeting Summary
The November meeting minutes were prematurely released as a final draft. Members had substantial changes to the meeting summary.

• Action: Members with changes to the 11/21/01 Meeting Summary will send their edits to Leigh Gable at Anvil Corporation. The committee will review the edited summary at the February meeting.

Meeting Agenda
Joan Pelley reviewed the meeting agenda. The Team added a review of the 2001 Portage Bay classification status under New Business.

Joan Pelley from the DOE introduced herself as the facilitator for the meeting. Advisory Committee (AC) members and members of the public introduced themselves.

3. Action Items from the November Meeting

Recruitment for committee positions/clarification of the nomination process
Ami explained that applications for the Shellfish District Advisory Committees go directly to the County Council. Applications are available on the Web at the Whatcom County site, or by contacting the County Council's office. Dorie Belisle has applied and her application was approved by Council.

The committee discussed the composition of the AC. One of the AC members, who attends the meeting on behalf of an implementing agency, volunteered to step down in order to make room for another member. Members discussed whether the AC should include members from agencies. One member brought up the example of the Drayton Harbor AC which includes a member from both the Port and the City of Blaine. The Whatcom County Marine Resource Committee (MRC) includes ex-officio members from agencies.

The AC discussed recruiting new members. One member suggested that the AC recruit members from the business or urban development community who are familiar with stormwater issues. The AC discussed the link between addressing other pollution sources and recruiting new members to the AC. One member suggested contacting chambers of commerce and civic organizations.

Chairing meetings/meeting structure
The AC requested that Ami Stillings draft a description of the AC Chair position. The AC will revisit the topic of committee chair at the next meeting.

DOE enforcement summary and update
Andrew Craig was unable to attend the meeting, but Mark Henderson distributed a summary of the enforcement actions taken by the DOE between October 1998 to December 2001. The DOE has carried out 597 inspections and issued 117 warning notices or letters. After documenting discharges of dairy nutrients to ditches and streams, Ecology inspectors issued a total of:

• 24 notices of violation
• 22 NPDES Dairy Permits
• 18 Administrative Orders
• 11 Penalties

Mark Henderson gave a brief TMDL update including cost-sharing information, and Dairy Nutrient Management Act implementation activities.

• Action: Mark Henderson will send an electronic copy of the TMDL summary to the AC.

Clarification of reporting requirements for WDOH
Don reiterated the importance of reporting shellfish recovery efforts to the WDOH. In the face of recent budget cuts, Don needs documentation to support continued monitoring in Portage Bay. The report can be a one page document with a bulleted list of activities.

4. Setting Priorities for Addressing Other Pollution Sources

The AC will discuss this agenda item at the next meeting.

5. New Business

2001 Portage Bay Classification Status Review
Don Lennartson with the WDOH reviewed the Portage Bay classification status. The WDOH completed an end of the year review of the most recent 30 samples at sites in Portage Bay. The analysis concluded that there is no change in the shellfish classification for 2001. The upper portion of the bay remains restricted and the lower portion remains approved. Don mentioned that station 49, in the approved zone, is borderline.

Don explained that for the purpose of shellfish classification, the WDOH analyses a moving window of the most recent 30 samples. As an unofficial exercise to gauge whether water quality is improving, Don analyzed a succession of the latest 14, 24, and 30 samples (see table below). Looking at the most recent 14 samples, all the stations in the bay passed with three stations on the early warning threshold. Looking at the 24 most recent samples, 4 stations are on the early warning threshold and 3 stations are restricted. Looking at the 30 most recent samples, 5 stations are on the early warning threshold and 3 stations are restricted with higher counts.

No. of Samples	Total Early Warning Sites	Total Restricted Sites
14	3	0
24	4	3
30	5	3 (with higher counts)

Don's analysis indicates that water quality in Portage Bay is generally improving. The WDOH has not yet analyzed samples taken during a recent storm event. Don was encouraged by high salinity counts for the samples. High salinity indicates less freshwater influence.

Briefing the County Council Natural Resources Committee
The advisory committee discussed briefing the Natural Resources Committee of the County Council. One member suggested a briefing in March. Members wanted to share the positive indications of Don Lennartson's analysis of the Portage Bay fecal data. One member mentioned that by March the committee will have filled some of the membership gaps, will have had updates from more agencies, and will possibly have elected a committee chair.

Distribution of Funds Levied by DOE Enforcement Actions
Funds levied through DOE enforcement actions go to a State Conservation Commission. One member motioned that the AC draft a letter to the State Conservation Commission recommending that funds levied by DOE enforcement actions in Whatcom County should be allocated in Whatcom County. Another member seconded the motion.

• Action: The AC requested that George Boggs draft a letter to the State Conservation Commission requesting the local allocation of locally levied funds.

6. Next Meeting's Agenda

The AC discussed presentations at the February meeting. Suggestions included:

• DOE Stormwater Inspections Update - Matt Kaufman
• Presentation from County Planning
• Presentation from the DHHS
• Future Pollution Sources/Setting Priorities