RESPONSE TO COUNCIL QUESTIONS REGARDING THE LAKE WHATCOM RECONVEYANCE 5/6/11

1. What is the vision the CountyAdministration has for the park?

8,700 acres of forest land,incredible views, lakefront, and trails that will be available in perpetuity for future generations to use for park purposes. It is envisioned that the reconveyed lands will be set aside and managed as a community forest preserve accommodating dispersed trail based recreational opportunities such as hiking, rustic backcountry camping and biking. The area would be similar to the Chuckanut Mountain Recreational Area (988 acres) and CanyonLakeCommunityForest (3,692 acres). Development on the reconveyed lands would be limited to trails, overlooks and remote campsites. The trail system is envisioned to connect city and county parklands, the SuddenValleycommunity trails system and the Pacific Northwest Trail. Existing park areas will serve as trailheads providing the necessary support facilities such as parking and restrooms. The forest would be managed to providean older growth environment to benefit the watershed.

2. How will the trust beneficiaries be impacted?

The Department of Natural Resources has provided the County information from the Draft EIS for the Lake Whatcom Landscape Plan based upon their modeling and economic assessment. This was again reviewed by DNR staff in March of 2008 and provided to the County Council. I have attached a copy of this chart (Table 11) with instructions for your information. Based upon increases in DNR retainage and a portion of forest lands that are proposed to remain in Forest Board Transfer trust status, the revised annual estimate is approximately $26,110 in bonding for the Mount Baker School District, $15,171in bonding for the Bellingham School district,$12,000 to the Port of Bellingham, $15,000 to County Library and approximately $96,900 to Whatcom County.

An opinion requested from the Municipal Research and Services Center of Washington indicates that under current law there is no provision or authorization granted that would allow the County to reimburse another taxing district for any lost revenues as a result of reconveyance.

3. What are the direct benefits of reconveyance to LakeWhatcom?

The reconveyance transfers ownership of these lands to the County allowing WhatcomCountyto determinewhat forest management practices and priorities are best for watershed protection.Under current forest practices, approximately 2,700 acres of the proposed reconveyed acreage will always be subject to an increased risk of landslides. These mass wasting events can contribute significant amounts of phosphorus to the lake, damage private property and public infrastructure and create risk to public health and safety. An additional 20 miles of new forest roads comprising 29 acres are projected by DNR under the landscape plan on the lands proposed to be reconveyed to the County.

Under County ownership it is expected that the forest management plan will change allowing the forest to mature to an older growth environment to benefit water quality and reduce the risk of mass wasting events. No new forest roads would be required and it is estimated that 9 miles of existing roads comprising 13 acres of impervious surface would be abandoned. The County would also acquire title to a mile of waterfront along the eastern shore of the lake and the headwater areas of two of the three primary streams feeding the lake. The County could expand buffers and eliminate any harvesting in these sensitive areas further reducing impacts to the lake.

There is currently unregulated trail building and ORV use of State Forest Lands within the watershed. Some of these trails are in unstable areas that could contribute to landslidesand erosion. Under County ownership these unauthorized activities would be eliminated and damaged areas restored.

CountyPark trails would be properly located and constructed using best management practices to minimize impact to the watershed. WhatcomCountyPark’s staff along with a substantial core of volunteers would monitor and maintain the trail system to further minimize any impact to water quality.

4. Is there a plan in place for the Sheriff’s Department to service the area? Has the Sheriff’s Office approved the project in terms of the impact to their workload?

In discussions with the Sheriff Elfo and Undersheriff Jeff Parks, there is no expected change in their workload as a result of the reconveyance. The Sheriff’s Office currently responds to law enforcement issues that occur on these DNR trust lands as it does on other forest lands within the County. It is expected that the Sheriff’s Office will continue to respond to law enforcement issueswhen under county ownership. It is the Parks & Recreation Department staff and not the Sheriff’s Office that routinely monitors and patrol park trails and properties. These costs are included in the Park Department’s estimatedmaintenance and operations budget for the reconveyance.

5. Who will be responsible for maintenance and repair of roads shared by WhatcomCounty and Department of Natural Resources?

Responsibility for maintenance and repair of shared roads will be outlined in the specific easements yet to be executed. Under forest practices, the party that is responsible for the forest practice would also be responsible for road maintenance and repair.

6. What is the environmental impact, particularly to LakeWhatcom with the additional use?

While no specific study has been entered into, the impact of recreational use such as hiking and biking is generally considered to have less of an impact than active forestry and unregulated recreation. Some of these issues and impacts will be identified through future planning and SEPA processes. In general, with the abandonment of 9 miles of roads, elimination of the need for 20 miles of new roads and a more restrictive forest management plan, the environmental impacts to the lake should be considerably less than under current DNR management. Access to some of these lands will also be accommodated by public transportation and non-motorized trails connected to the urban areas outside of the watershed to reduce vehicle trips. It should be noted that both the City of Bellingham, Whatcom County, Sudden Valley, Washington Department of Fish and Wildlife, DNR, Whatcom Land Trust and various private entities all have recreational facilities within the watershed that contribute to use.

7. How much development would have to occur to turn these lands into a park?

Under RCW 79.22.300 the reconveyed lands do not have to be developed but do need to be used for park purposes. A well designed and built trail system meets that requirement. Improvements such as parking and restrooms already exist or are planned on County and CityPark properties adjacent to the project area. There are no major improvementsplanned for the reconveyed lands and it is anticipated these lands would remain in an undeveloped natural state.

8. Any potential management of timber on reconveyed lands?

Under the change in ownership, WhatcomCounty will determine what forest management practices if any will occur on these lands. If timber revenues are generated, DNR can at its option distribute the revenues per the trust distribution formula currently in place for Forest Board Transfer lands.

9. Habitat Conservation Plan (HCP) obligations?

It would be expected that under County managementthese lands would focus on the natural forest environment further enhancing and supporting any existing HCP. The Parks & Recreation Department manages many critical areas including the DNR’s Lake Louise Natural Resource Conservation Area.Any forest management practices undertaken by the County will need to be in accordance with the Forest Practices Act.

10. Fire control responsibilities?/ What about fire protection on these lands?

Under RCW 76.04.610, the Department of Natural Resources has responsibility for fire control on public and private forest lands. DNR will continue to be responsible for fire protection on those lands transferred to the County under reconveyance. What is different is that the County will need to pay an assessment of $17.50 per fifty acre parcel and $.31 per acre for each acre over the initial fifty as it does currently on undeveloped forested park lands. It is estimated that the total assessment based on 2011 rates would be approximately $2,700 annually for all the reconveyance lands.

11. Other legal rights, obligations, or liabilities? / Would the County assume additional risk for the users?If past DNR forest practices have left potential liabilities (failing roads, plugged culverts, potential for mass wasting, etc.) will WhatcomCounty inherit more of these potential liabilities and costs if we gain title to the land?

In summary, as the property owner the County will assume additional liability like it does whenever it acquires ownership in lands. On the reconveyed lands to the County, DNR will continue to maintain, use and be responsible for approximately 7 miles of roadways. All existing roads within the proposed reconveyed lands have been upgraded by DNR per forest management standards. The County Parks Recreation Department will maintain and be responsible for the designated trail system and abandonment of approximately 9-miles of roads that will no longer be required. WhatcomCounty through the Public Works Department will continue to be responsible for maintenance of the dikes and bridge structure on Smith Creek. Under a court agreement, DNR inspects debris dams on Smith Creek. It is expected that this responsibility will be assumed by WhatcomCounty if this area is transferred. The Recreational Use Statute(RCW 4.24.200) will apply to the reconveyed lands as it currently does to our existing park properties and provides a level of protection to the County for injuries occurring on park lands due to recreational use.

12. What are the development costs? Who is going to pay?

Development is not being funded through the general fund and can be accomplished with a combination of grant funds, donations and real estate excise tax. The estimated development costs are provided on the attached fiscal worksheet and consist primarily of trail construction expenses. While the cost of trail development has been estimated, in reality the County utilizes community organizations, volunteers and in-house labor for most of its trail building projects which significantly reduces costs. It is anticipated that some of the informal trails and existing roads will be adapted for trail purposes further reducing development costs. Typically, a combination of donations, volunteer labor, grants and similar sources are used for trail development projects in the park system.

13. What is the estimated cost for maintenance and operations?

The estimated maintenance and operating costs are provided on the attached fiscal worksheet based on the Parks & Recreation Department’s experience with the 60 miles of trails within the park system. For budgeting purposes, the annual estimated budget is projected to be $120,000 to $150,000 annually.

14. How are we going to pay for it?

CountyAdministration has already programmed resources for this proposal over the next several years independent of the General Fund. The County currently has $1,500,000 in the Parks Improvement Fund designated for operations and maintenance of the LakeWhatcom reconveyance lands. In addition, it is expected that the County will obtain ownership of two communication tower sites, respective leases and corresponding revenues estimated at $80,000 to $90,000 annually. These revenues can also be used to offset operating costs or be banked for future needs.

15. Would the County be directly responsible for making sure runoff wouldn’t affect LakeWhatcom’s water quality?

Yes, the County would deal with runoff issues on these lands and take any necessary corrective actions to protect the lake. The Parks Recreation Department presently utilizes best management practices to help minimize any impact to the lakes water quality. Further, the department is bound to any permitting and land use regulations that apply. In reality the department has taken a proactive approach on its lands to minimize impacts to the lake. Specifically it has used erosion control, rerouted runoff, installed plantings and stabilized shorelines and slides when natural events occur that threaten water quality. This approach will continue on any future lands the County owns within the watershed.

16. It seems the emphasis for the City of Bellingham is water quality and yet the reconveyance specifically emphasizes recreation and park use. Why is this?

Under RCW 79.22.300 reconveyance can only be requested for park purposes and thus the process has primarily emphasized that aspect of the proposal. Infact, this project has multiple benefits for the community which includes helping to ensure the long term protection of the lakes water quality. While both the City and County share water qualityconcerns, connectivity of City and County park lands and lake friendly recreational use are mutually recognized values of the reconveyance proposal.

17. What are the aspects of reconveyance that have benefits to the County?

  • Reducesrisk for landslide events within the reconveyed landsas much as 2 to100 times. Under current forest practices and the Lake Whatcom Landscape Plan, 2,700 acres of the reconveyed area will always be at elevated risk levels due to hydrologic immaturity of the forest stands. Landslide events contribute to phosphorus loading in the lake, damage to property and infrastructure and endanger public safety.
  • Within the lands transferred to the County, eliminates approximately 9-miles of existing roads comprising 13 acres of impervious surface.
  • Eliminates need for 20-miles of proposed new logging roads comprising 29 acres of impervious surface.
  • Gives local control of forest management for greater emphasis on the quality of the forest environment to benefit the lake verses the current emphasis on revenue generation for trust beneficiaries under State management.
  • Transfers ownership of the SuddenValleytower site to WhatcomCounty.The Whatcom County Sheriff’s Officeowns the improvements on this site. Lease agreement and annual feescurrently on hold pending reconveyance.
  • County obtains ownership of one-mile of waterfront on LakeWhatcom at south end of the Hertz Trail at LakeWhatcomPark. This is a critical link to connect the County parklands on the south end of the lake with the park. This area contains some of the largest Douglas Firson the lake in excess of 400 years in age.
  • Links various parks, neighborhoods and recreational facilities including Lookout/Olsen Preserve, LookoutMountainPark, Sudden Valley Community Trails, Stimpson Family Nature Reserve,SquiresLakePark, LakeWhatcomPark and county properties on the south bay. Public facilities and trailheads already exist or are planned on these properties and will support recreational use on the transferred lands.
  • Provides opportunities for 50 miles of future trailswithin walking and biking distance of the County’s population center. Helps meet the County’s level of service (LOS)for trails (LOS .60 miles/1,000)and reduces the current deficit of 60 miles.
  • Allows for restoration of areas where unauthorized trail building and ORV use has occurred in unstable terrain while creating a lake friendly trails system using best management practices.
  • Provides connectivity and support tothe Galbraith mountain bike trail system.