PORTAGE BAY SHELLFISH PROTECTION DISTRICT
ADVISORY COMMITTEE SUMMARY

ZIp File of 2002 Summaries

AGENDA

MEETING ATTENDANCE

DOCUMENTS DISTRIBUTED

• Agenda
• 4/24/02 IFA Portage Bay Meeting Summary
• Portage Bay Shellfish Protection District Quarterly Summary to Washington State Department of Health
• Committee Survey for Web site Quotes
• Portage Bay Sample Sites Map
• Summary of Marine Water Data from 9/22/98 to 5/15/02

MEETING CONTENTS

1. Public Comment Period

No comments from the public.

2.2. Review Previous Meeting Summary and Meeting Agenda

4/29/02 Meeting Summary
The AC reviewed the April summary.

• Action: Release the April summary as final.

Meeting Agenda
Chris Woodward reviewed the agenda. No changes.

3. Agency Updates

Whatcom County Planning
Jim Thompson from the Whatcom County Department of Planning and Development Services discussed County enforcement of the Critical Areas Ordinance (CAO). The County currently handles issues associated with small farms violations and critical areas issues. The Whatcom Conservation District (WCD) has a number of small farms that are on a waiting list to have a small farm management plans developed. However, due to resource limitations, the WCD has been focusing their current efforts on getting all of the dairy management plans in place (a regulatory requirement). Until a program is in place to require small farms to develop and implement farm plans, the County requires owners to remove animals from sensitive areas and limit their access to streams, ditches, etc. The County currently relies on phone complaints and referrals from the Department of Ecology (DOE) to locate and address problem areas.

The County is in the process of reorganizing the critical areas ordinance and Jim has spent much of his time recently writing policy for the County Council. The County normally has three enforcement staff, however due to hiring issues, Jim expects that they will be short-staffed until October. Jim spent an average of eight hours per week in the field looking for Critical Areas violations. The reorganization of the Critical Areas Ordinance will result in a re-focus on the fieldwork aspect of enforcement. Jim expects that he will have more field time to make inspections. In addition, farm plan tracking and enforcement reporting will be streamlined.

Puget Sound Water Quantity Action Team
Stuart Glasoe with the Puget Sound Water Quality Action Team (PSWQAT) gave an update on the group’s activities. The PSWQAT has recently released the Puget Sound Health 2002. The bulletin, which includes information on a number of water quality indicators, was appended to many local newspapers including the Bellingham Herald. The PSWQAT continues to distribute the bulletin. In June, the PSWQAT will release a report for its Puget Sound Ambient Monitoring Program. The monitoring program report is a formal, technical document that goes into greater scientific detail on the data used to develop the Puget Sound Health 2002 bulletin. The PSWQAT research conference is scheduled for March 31 to April 3, 2003 in Vancouver, B. C. Stuart continues to advise officials in local jurisdictions regarding stormwater management and pollution control. Stuart gave presentations on Shellfish Protection and the Critical Areas Ordinance to the State Office of Community Development.

Whatcom County Department of Health and Human Services
Ed Halasz from the Whatcom County Department of Health and Human Services (DHHS) gave an update of septic system survey work in the Portage Bay watershed. Working with Andrew Craig from the DOE, the DHHS carried out septic survey work and inspections in the Duffner, Double and Guide Meridian ditches. Out of the 35 sites inspected, the DHHS found 6 failing systems; all were repaired. The DHHS continues to carry out septic inspections upon request as part of real estate transactions. The DHHS recently distributed 14,000 informational flyers as newspaper inserts. The flyers advise homeowners to inspect their septic systems every 3 to 5 years. The committee discussed the role of low-cost loans in successful septic system repair programs. Whatcom County has a budget for low-interest loans for septic repairs, but homeowners have been slow to take advantage of the program. One member suggested that the $300 application fee may be a deterrent. Skagit County has had a very successful loan program. Ed will contact the Skagit County DHHS to discuss their loan program. The committee discussed high fecal coliform measurements in Tenmile Creek. Both homes in the area were inspected, but the DHHS did not find the source of the high fecal counts.

• Action: Ed will find out the latest information on the Tenmile Creek location and report back to the committee.

Department of Ecology
Mak Kaufman with the DOE Bellingham Field Office discussed his new position as Stormwater Inspector for Whatcom County. Mak is currently organizing the inspection and enforcement efforts for industrial and commercial permits. At the beginning, Mak will focus on the Lake Whatcom watershed, answering complaints and inspecting on-going construction. For commercial and industrial stormwater, the DOE carries out unannounced inspections. For the most part, building firms do not require engineering assistance. DOE provides information and technical assistance during their inspection process. If a firm is in violation, Mak will issue a verbal warning or warning letter. If the violation is not corrected, more stringent enforcement actions will follow. For construction sites the DOE inspects for discharges of fine sediments, pH, and in the case of Lake Whatcom, phosphorus. For industrial sites, the DOE inspects for a wider range of chemical discharges. Mak will also work with the municipalities. As a way to illustrate the many different types of stormwater issues, Mak gave the example of car wash fund-raisers. On a given weekend, Ferndale may host 3 car washes and Bellingham as many as 10 to 15. Detergents from these car washes drain directly to storm water drains. With a sump pump and a beach ball for blocking nearby storm drains, charity car washes could avoid these discharges, by sending it to the sanitary sewer instead. The PSWQAT has funded a public education and information grant to encourage low-impact development techniques, including reduction of impervious surfaces and the use of bio-infiltration swales. The DOE is regulating auto recyclers under the NPDES permitting process. "U-pick" auto wrecking yards have a high potential for contamination. Unsupervised customers remove parts and petroleum fluids are released into the environment. The DOE also has the jurisdiction to inspect Department of Transportation (DOT) facilities. In addition, Mak would like to work with the DOT to revise some of the roadside spraying practices.

• Action: Ami Stillings will forward a sample Shellfish District Report to Mak.
• Action: Mak will provide an update report for the next Shellfish District Quarterly Report.

Northwest Indian College
Michael Cochrane with the Northwest Indian College gave an update of water quality monitoring as it relates to TMDL goals for the Nooksack Basin. Michael distributed data summaries for the 4th quarter of 2001 and the 1st Quarter of 2002. With the exception of Fishtrap Creek, all the monitored sites in the basin (where they enter the Nooksack) were under their TMDL goals for fecal coliform. The Marietta monitoring site is located at the mouth of the Nooksack River. Samples from the Marietta site are the most indicative of the Nooksack River's impact on the shellfish beds in Portage Bay. In the first quarter of 2002, the Marietta site had a geometric mean of 20 colonies/100mL—well below the TMDL goal for that month. Michael ordered a server and expects to have sampling data on-line shortly.

• Action: The committee requested that Ami release the water quality results to the local newspapers.

Washington State Department of Health
Don Lennartson with the State Department of Health (DOH) gave an update of water quality sampling in Portage Bay. Due to a snowstorm, Don was unable to sample in March. Don distributed a map of the monitoring sites and tables of the marine water quality monitoring data. Don explained that the DOH standard for approved shellfish growing waters is a fecal coliform geometric mean less than 14 organisms/100mL and an estimated 90th percentile less than 43 organisms/100mL. In addition, approved areas with a 90th percentile of greater than 30 organisms/100mL are listed as threatened. Typically, stations 51 and 52 have had the highest fecal coliform results, which indicates that the Nooksack River influence is diluted as it travels south along Lummi Beach. Station 49 is in the approved area, although with a 90th percentile of 36, it is listed as threatened. Station 53 is buffered from the Nooksack River by Brandt Point and has a 90th percentile of 14 organisms/100mL. Stations 54 and 55 are listed as threatened with 90th percentiles of 31 organisms/100mL.

With improvements in Nooksack River water quality, the fecal coliform levels in Portage Bay are generally decreasing. The DOH shellfish classification program uses a moving window of the most recent 30 samples. In order to ensure that the shellfish beds are reopened, the recent water quality trends need to continue.

The committee discussed the link between high salinity and low fecal coliform results. High salinity indicates a lack of freshwater influence and potentially lower fecal counts. The circulation patterns in Portage Bay are complex, however, and the data includes exceptions to the salinity and fecal coliform correlation.

The Lummi Nation requested the DOH increase the frequency of water quality sampling in Portage Bay. Don Lennartson suggested that the DOH continue to sample on a monthly basis, but that Michael Cochrane or Andy Ross take an additional monthly sample. The DOH has recently made a decision to permit shellfish growers to take water quality samples to be used for shellfish classification as long as half of the samples used for classification purposes are taken by the DOH.

• Action: Don will follow up with DOH on the possibility of having additional samples be collected by Mike Cochrane or Andy Ross to be included in DOH’s classification process.

Ami Stillings distributed a questionnaire for shellfish protection district committee members and participants. Ami will use quotes from the questionnaire for the shellfish district web site. Ami asked that members and meeting participants send the completed questionnaires to her, or send responses in an email.

4. 4. New Business

No new Business.

5. Next Meeting’s Agenda

To be determined.