PORTAGE BAY SHELLFISH PROTECTION DISTRICT
ADVISORY COMMITTEE SUMMARY

ZIp File of 2002 Summaries

AGENDA

MEETING ATTENDANCE

DOCUMENTS DISTRIBUTED

• Agenda
• 2/27/02 Meeting Summary for review
• Quarterly Summary to Washington State Department of Health On-the-Ground Efforts in the Portage Bay Shellfish Protection District 4th Quarter of 2001
• Editorial in Bellingham Herald by Merle Jefferson “Shellfish bed closures cost tribes money”
• Portage Bay Shellfish Protection District Matrix (Updated November 2000)
  

MEETING CONTENTS

1. Public Comment Period

No comments from the public.

2. Review Previous Meeting Summary and Meeting Agenda

2/27/02 Meeting Summary
Mark Henderson requested clarification of a statement on page 3 that “agencies working on local issues such as the Whatcom Department of Health and Human Services, the Department of Ecology, and the Conservation District should attend meetings on a more frequent basis.” The AC explained that the AC strongly encourages the Implementing Agencies to attend the quarterly update meetings, and welcomes them to attend monthly meetings as well. Ami Stillings said the summary would be clarified.

• Action: The sentence containing the above quoted phrase will be amended in the 2/27/02 Meeting Summary and the Summary will be issued as Final.
  
  Reporting to Washington State Department of Health (DOH)
  With regard to an Action Item on page 3 (Reporting to DOH), Ami Stillings said that Don Lennartson (DOH) provided feedback on the Quarterly Summary that was sent to him. Even though the report was longer than the original suggestion of a one-page bulleted summary, he stated that he liked seeing the details on the different projects. He liked the bulleted format summarizing the numbers- dairy farms with plans, septic systems inspected, etc.

3. Work session - Review, Revise, Update Matrix/Closure Response Strategy

Ami said that the matrix is an active progressive document and not a completed document that you put in a drawer. Chris suggested that Ami’s Quarterly Report to Department of Health (DOH) can be used to update the matrix. Ami showed the committee the new layout for the revised matrix that is being used with the Drayton Harbor Shellfish District. It was agreed that this layout is more conclusive and readily updated than the old version.

Mark indicated that the date on the matrix shows 6/9/99 but Chris said it is the November 2000 update. The AC discussed monthly water quality testing and Ami reported that the numbers are improving. The NWIC has funding for monthly testing through September. A member asked if there is a place in the matrix for a legend to explain the abbreviations, acronyms and codes. Ami said that a legend can be added.

• Action: Ami will insert a legend or footnote in the matrix to explain acronyms, codes, and abbreviations.

Discussion and specific revisions to the matrix
Objective 1: Control Agricultural Sources
Task 1.1 and Task 1.2
Mark mentioned the Total Maximum Daily Load (TMDL) document is due in a couple of weeks; Mark was involved in collecting the data, which will appear in an appendix of the TMDL document. The current tasks are to finalize approval of the manure management plans that are slated for implementation by 2003 and to conduct ongoing inspections thereafter.

The AC wants to check with Whatcom Conservation District (WCD) Director George Boggs in order to record what technical and financial assistance has been extended. Chris indicated that an amount of $303,260 was funded to examine manure management plans. Ami agreed to follow up on these figures.

• Action: Ami will follow up with George Boggs on what financial support has been provided.

Task 1.3 and Task 1.5
The AC agreed that developing conservation plans for small farms needs to be higher priority. The members thought the meanings of “unfunded” and “sources” are unclear. Chris thought that maybe there was initial money to start projects, then certain amounts for maintenance. It was agreed that since projections and budgets are derived from this document, the definitions and dollar amounts should be clear so that in the future, the AC can look back and see what has been accomplished. Members agreed that they needed to get an update on the small farm plans and funding mentioned in Task 1.3.

Similarly, there was a question on Task 1.5 regarding the meaning of “approve, condition, disapprove plans.” Members questioned the distinction between “conservation plan,” “nutrient plan,” “farm plan.” While the terms are used interchangeably, Ami explained that a small farm generally does a conservation plan because they are dealing with issues like storing nutrient waste and applying it to fields. The nutrient management plans that the dairy farms develop address the components of the Critical Areas Ordinance (CAO).

• Action: Ami will check with George Boggs of Whatcom Conservation District to learn the status of developing small farm plans.
• Action: Ami will reword Task 1.5 to clarify “approve, condition, disapprove plans” to indicate the differences between “approval” and “conditional approval.”

Task 1.4
Because there was a version discrepancy in copies of the matrix, Chris agreed to send the version she had to Ami for distribution to the members. Task 1.4 involves hiring two full-time employees for two years to inspect for CAO violations and to enforce CAO compliance.

Mark suggested that Jim Thompson, Whatcom County Land Use Specialist, start attending AC meetings as he did formerly. Some members explained that Whatcom County Planning has gone through a lot of changes. Jim was put on other tasks, but now he is back to CAO enforcement. Sharon explained that the Council is giving the Planning Department increasingly more to do and more funding is needed to hire more people. Members would like to have an update on Task 1.4 to know about consultants’ recommendations and any other items that affect the AC. Chris’ version of the matrix said that Task 1.4 was not funded, i.e., “no response from Whatcom County,” although she said that perhaps it was included in other tasks. Ami suggested that comments about the disposition of tasks be included, whether they are denied, tabled, pending, or otherwise.

• Action: Chris will email the correct version of the matrix to Ami for distribution to the AC.

Task 1.6
In Washington, DOE has the delegation to enforce clean water legislation. Previously, some local enforcement actions were needed and the EPA was actively involved. Over time, Whatcom County has been more involved in enforcement of the CAO and other clean water legislation. The AC would like clarification on how the CAO is handled within the county.

• Action: Task 1.6 will be revised to leave EPA in the text. Follow up will occur with DOE and Whatcom County to better define their roles in enforcement of this ordinance.
  
  Task 1.7
  The Manure Management Ordinance was adopted in September 1998.

Objective 2: Control Stormwater Sources
Tasks 2.1 and 2.2
Chris read that there has been no response from Whatcom County on these items. It was agreed that DOE Water Quality Specialist Mak Kaufman should be invited to a future meeting (he was unable to attend the 2/27/02 meeting as originally scheduled).

The AC agreed that they will continue to discuss the matrix in April, focusing on:

• revising the matrix
• tracking tasks
• reviewing updates
• identifying associated reports
• outlining next steps

The AC agreed that the May meeting should deal with implementation and the ongoing process of review. The Implementing Agencies (including Mak Kaufman, Stuart Glasoe from PSWQAT, and Don Lennartson) should be informed of the content of the May meeting, so they hopefully will be able to attend and provide information, as necessary. One member recommended that speaker phones could possibly be used and that could eliminate some travel expenses for members traveling long distances for the meeting.

• Action: If requested, Ami will look into a meeting facility with speaker phones for May.
• Action: Ami will follow up with Mak Kaufman, Stuart Glasoe, and Don Lennartson to ensure the May date is convenient.

4. New Business

Meeting Chair
Regarding the chairing of meetings, the Advisory Committee (AC) approved that Chris Woodward be the new AC Chair. Chris recommended that there also be a Vice Chair for the times she cannot attend. Chris recommended Bob Van Weerdhuizen for Vice Chair and the recommendation was approved.

One member suggested that if Chris does a fraction of the work she used to do as Chair, there ought to be some sort of compensation. Chris indicated that she is comfortable with the status quo because being Chair is a volunteer position. The member amended his suggestion to say that the AC revisit the subject later if Chris gets overloaded.

Report on Septic Systems
Ed Halasz reported the results of Whatcom County Health and Human Services (WHHS) surveys that were done through mid-2001.

Area	# of sites surveyed	# of failing systems	# of repaired systems since survey
Duffner Ditch	10	0	-
Guide Meridian north of Birch Bay-Lynden	4	2	2
Double Ditch	21	4	4

Regarding financial assistance, Ed explained that there is a program that available to homeowners. WHHS sends reminder notices (1,250 post cards/quarter) to homeowners that recommend inspection every 3-5 years. There is no enforcement policy regarding those recommended inspections.

If Whatcom County finds a problem, the homeowner has thirty days to initiate actions for making the necessary repairs. Enforcement actions would then follow if the homeowner does not comply. A member said it is a standard clause in some real estate purchase agreements that an inspection of the septic system needs to be made prior to closing. However, Whatcom County does not require this.

Article in Bellingham Herald by Merle Jefferson
Ami circulated the article to the AC for their information.

5. Agenda for 4/24/02 Meeting

1. Public Comment
2. Review of the Agenda and Previous Meeting Minutes
3. Continuation of the Work Session on the Matrix
4. New Business
5. Next Meeting’s Agenda