Birch Bay Comprehensive Stormwater Plan, Projects Recommended for Stormwater Management Program (SWMP)

Introduction

This memorandum is one element of an overall comprehensive stormwater plan for the watersheds of Birch Bay. Birch Bay is a rapidly growing community that is experiencing increasing flooding and erosion, declining water quality and loss of aquatic habitat. Historically, Birch Bay has been primarily a recreational beach community. The citizens of Birch Bay completed a comprehensive land use plan that called for low impact development and a stormwater plan to protect their lifestyle and aquatic resources while accommodating the anticipated growth. This plan will recommend measures to do that.

Water quantity, water quality, and habitat issues identified within Birch Bay were outlined and prioritized in Chapter __ (PROBLEMS CHAPTER) of the Birch Bay Stormwater Plan. This prioritization of problems was performed using criteria reflecting the goals and action items outlined in both the Whatcom County Comprehensive Plan and the Birch Bay Sub‑Area Plan.  Several of these identified problems can be addressed with projects suitable for the stormwater CIP and some with stormwater management program actions.

This memorandum identifies actions that do not involve construction or acquisition and are therefore are not listed in the CIP.

Summary of Issues That Require a Stormwater Management Program

Regulatory Requirements and Guidance

Ecology’s draft Phase II NPDES municipal stormwater permit lists programmatic solutions for permittees.  Although Birch Bay is not subject to an NPDES permit at this time it will likely need one in the future.  The permit’s list of solutions is a good reference.  Solutions listed in the permit include:

1.      Public Education and Outreach

2.      Public Involvement and Participation

3.      Illicit Discharge Detection and Elimination (includes requirement for inventory of the drainage system)

4.      Controlling Runoff From New Development, Redevelopment, and Construction Sites

5.      Pollution Prevention and Operations and Maintenance for Municipal Operations

6.      Develop and implement a Stormwater Management Program (SWMP)

7.      Report any monitoring studies

8.      Assess effectiveness of BMPs and any changes needed

9.      Prepare plan for future comprehensive long-term monitoring program, and

10.  Submit a detailed annual report, status of SWMP implementation

Each of these five NPDES Phase II requirements are described by a set of minimum performance measures outlined in the permit. Each of these performance measures are addressed individually in the Evaluation of Regulatory Requirements and Planning Documents paper prepared for the Birch Bay Comprehensive Stormwater Plan. 

Water Quality

The primary water quality concern in Birch Bay is coliform bacteria in the Bay.  The Washington State Department of Health monitors bacteria in the Bay and has previously listed Birch Bay as threatened for restricted shellfish harvesting.  There are several potential sources of bacteria in Birch Bay.  These include:

·         The conveyance and treatment system belonging to the Birch Bay Water and Sewer District.

·         Dogs and cats

·         Livestock

·         Commercial sources

·         Recreational vehicles and trailers

·         Marina

·         Wildlife

·         Waterfowl (ducks and geese)

·         Onsite septic systems

·         People

Each of these is discussed below.

The conveyance and treatment system belonging to the Birch Bay Water and Sewer District.  The district has an existing permit for operation of the treatment plant and collection system.  The treatment plant outfall discharges to deep water outside of Birch Bay and is an unlikely source of bacteria in the bay.  The potential exists in all collection systems for leaks and infiltration.  The district should have an on-going program to detect and correct leaks and infiltration. 

Dogs and cats.  Dogs and cats are a likely source of bacteria particularly near or on the beaches and streams.  RNA source tracing in other locations regularly identifies cats and dogs as sources of bacteria.  A program of education regarding picking up waste from dogs and cats is recommended.  Signs and free bags and disposal sites along the beach should be provided.

Livestock.  There are no large commercial livestock operations within the watershed.  There are a few hobby farms with livestock.  The county should coordinate with the Conservation District to work with these owners to develop appropriate management practices.

Industrial sources.  No potential industrial sources of bacteria have been identified within the watershed.

Recreational vehicles and trailers, commercial trailer parks.  There are large numbers of recreational vehicles and trailers in the watershed, particularly during the summer months.  An inventory of holding tank dump sites and their use should be conducted.  Routine, unannounced inspections of trailer parks should be conducted to detect trailers that are not connected to sanitary sewers.  An educational program should be implemented for the commercial and public parks.

Marina.  High coliform counts have been detected at the mouth of the marina.  The county should work with the marina operators to develop an inspection program to assure that the Y connections in the boats are closed.  A review of the marina’s pump-out station should be conducted to assure ease of use and proper function.  An education program for boat owners should be developed and implemented.  Volunteers among the boat owners should be identified to promote proper management among other boat owners. 

Wildlife.  Large concentrations of birds occur in several locations in the watershed.  In general, these are naturally occurring and are not a concern as a bacterial source.  In a few places, birds concentrate because of particular human actions and should be discouraged.  Geese are particularly attracted to large areas of open grass.  These include the State Park and Birch Bay Village.  The best deterrent is to replace the grass areas with native shrubs particularly along bodies of water.  Waterfowl prefer to have open sight lines so a border of shrubs along the grass also discourages them.  Alternatively, active programs of trained dogs may be employed to discourage geese from congregating.  This approach has been successful in parks in other areas of the State.

A program of signage to explain the issue and prohibit feeding of ducks and geese should be deployed.

Onsite septic systems.  The County should implement a program to test on-site septic systems and require corrections as appropriate. This has been successful in Portage Bay.

Results of fecal coliform sampling by Washington Department of Health (DOH) at locations within Birch Bay lead to a “threatened” status for shellfish beds in the area. A “threatened” status is given to an area that shows declining water quality. No source tracing has been preformed to determine if fecal coliform detected in Birch Bay samples is of human or animal origin. However, a study performed for Drayton Harbor to the north of Birch Bay points to several potential sources of fecal coliform in that watershed, including failing septic systems (insert reference here).

A new bill has been passed by the legislature related to septic systems.  HP 1458 requires local health authorities to identify and correct failing septic systems by 2012.

Existing data can be used to create an accurate inventory of users connected to the sewers of the Birch Bay Water and Sewer District.  Those that aren’t connected are served by septic.   Then, suspect areas can be investigated using such techniques as dye tracing, appearance of wet soils, lush vegetation surrounding systems, odor or visible discharges.  The County should enact requirements for owners to inspect systems and make corrections as needed.

People.  Large concentrations of people visit Birch Bay, particularly in the beach area.  Public restrooms should be readily available and well maintained.

Water Quantity, Drainage and Erosion

There are several areas in the Birch Bay watershed that have drainage problems.  Most of these are large puddles that form occasionally and sometimes cover all or a portion of a roadway. 

Coastal bluff erosion is a natural process but may have been accelerated by human activity.  The Coastal Zone Atlas for Whatcom County (Ecology, 1979) shows the entire Birch Point area as unstable and shows five recent slide areas.  Programs are needed to respond to drainage complaints and to provide education for property owners within the drainage area of the coastal bluffs.  The Departments of Ecology and Natural Resources both have information available on proper management practices near coastal bluffs to reduce risks of slides.  The County should:

·         develop and implement a program of education for property owners in areas of coastal bluffs

·         work with the Trillium Corporation to identify problems and solutions related to discharges and from the Trillium property and conveyance to the beach as a condition of development approval.

Aquatic Habitat

There are active programs to protect and restore aquatic habitat along Terrell Creek and the beach.  These programs which are largely volunteer programs should be supported by the County and other agencies.  In addition to the physical improvements made by the volunteers, the programs provide education to the volunteers and their circle of contacts.

Program Recommendations

Complaint Response

The public should be provided with a single number to call with complaints regarding drainage, erosion, or water quality issues.  The County should place signs along the beach and key tributary locations providing the contact information to report water issues. Public works staff should be trained to collect appropriate information, track calls by type and location and notify appropriate personnel to determine response.  Staff should respond to all complaints within 24 hours even if just to acknowledge receipt of the complaint.  A follow-up system should be in place to address and resolve complaints or explain why complaints are not addressed.  Complaint records should be periodically reviewed to identify “hot spots” and proactive solutions should be developed for them.

Inspections and Illicit Connections

An inventory of the drainage system in the Birch Bay watershed should be completed.  All outfalls should be identified.  An inspection program to detect and eliminate illicit connections should be developed and implemented.

A semi-annual inspection of the tide gates and other drainage structures along the beach should be established.

A program should be established to inspect private drainage facilities annually.  This program will require a significant element of education with property owners.  Many do not understand their systems or their importance and need for maintenance.

Inspect pump out facilities and coordinate with marina owners to develop a system of inspecting all boats in the marina.  Boats should be inspected to assure that Y valves are closed and waste is not discharged to the water.

Conduct periodic inspections of trailers and mobile homes to require proper disposal of holding tank wastes.

The Birch Bay Water and Sewer District should sustain an annual inspection program to detect and eliminate infiltration and leakages to their pipe system.   This may include dye tests.

The Whatcom County Health Department recommends that homeowners have their septic tank and drainfield inspected yearly and septic tank pumped once every three to five years.  The Public Works Department should coordinate with the Health Department to develop a program of on-site sewage system inspections at least once every five years. 

Some warning signs of a failure are:

·         Odors, surfacing sewage, soggy spots with lush green grass growth in the drainfield or septic tank area.

·         Plumbing or septic tank backups

·         Slow draining fixtures

·         Gurgling sounds in the plumbing system

Information regarding improper discharges to the stormwater system should be provided to community groups.  If citizens notice suspicious pipes discharging to a ditch or stream they should contact public works.  Similarly if citizens notice odors, sheens, colors or turbidity, they should contact Public Works.

Spill Response

Supplies of absorbents and booms should be available on all maintenance trucks belonging to the Public Works Department and the Birch Bay Water and Sewer District as well as on all fire trucks.  Crews should be trained in noticing and responding to spills.

Maintenance and Operations

At the present time, maintenance is limited to road maintenance within the watershed.  Road maintenance is conducted as necessary and appropriate to maintain road functions.  It is funded by the road fund and taxes.  Occasionally, additional maintenance related to the drainage system is conducted upon request or in emergency situations. 

The drainage system primarily consists of roadside ditches and culverts throughout the watershed.  There are also several tide gates and many detention facilities.  The roadside ditches and culverts are maintained by the County as needed to protect the roadway and to provide a safe driving experience.  The ditch and culvert system should continue to be maintained by the road program.  Work orders generated by the inspections should be implemented.  The drainage system should be evaluated to identify opportunities to enhance treatment, infiltration and detention.  The opportunities should be evaluated and prioritized.  High priority retrofit projects should be funded and implemented.

At the present time, there is no entity that is responsible for maintaining the tide gates.  When requested, the County has occasionally cleaned or repaired the tide gates and other drainage facilities outside the road right-of-way.  Responsibility and a funding source for tide gate maintenance and repair should be clarified.

Detention pond maintenance is the responsibility of the private property owner.  Experience in multiple jurisdictions has shown that private detention ponds are rarely maintained by private parties without a public inspection program and a legal requirement to do so.  The County should establish a program of annual inspection of private drainage detention and treatment facilities and a mechanism to require maintenance.  Alternatively, the County should assume the responsibility for maintenance of residential facilities.

Maintenance and operations are also discussed in a separate technical memorandum prepared for the Birch Bay Comprehensive Stormwater Plan.

Education

Most of the stormwater issues in the Birch Bay Watershed are caused by the everyday actions of the people that live in or visit the watershed.  Changing behavior patterns would be far more effective that capital programs.  The first step in changing behavior patterns is to increase understanding of the need and specific actions that individuals can take.  This requires an education program for commercial property owners, maintenance crews, homeowners associations, livestock owners, pet owners, boat owners, campers and visitors. 

Because of the high levels of short-term summer visitors, it is important to develop educational actions that are on-site at the beach.  These would be interpretive panels and displays related to people and pet waste management practices, care of habitat and other topics.

A list of recommended educational topics and actions includes:

·         Agricultural awareness for fields, pastures and livestock conducted by Cooperative Extension

·         Support local environmentally focused volunteer organizations including the Watershed Masters / Beach Watchers program

·         Support community activities such as volunteer clean-up and native plant days and waterfront celebrations or festivals

·         Regular articles and advertisements in the local Birch Bay newspaper

·         Display materials for festivals and other special events

·         Maintain internet information

·         Septic system maintenance

·         Lawn and garden care, nutrient and pesticide management – adapt the Lake Whatcom “watershed kit” for Birch Bay and make available.

·         Work with local schools to provide teaching materials and opportunities for water quality related actions

·         Provide technical assistance to citizen organizations, developers, and commercial property owners.

·         Provide training to maintenance and permit review staff

·         Work with the State Park, Birch Bay Village and other land owners to develop plans and implement alternatives to large grass areas to discourage waterfowl.

·         Provide training information to coastal bluff property owners regarding proper management of drainage, on-site sewage systems and vegetation.

·         Display boards and fliers for campgrounds and trailer parks

Additional information regarding managing drainage along coastal bluffs can be found from the Department of Ecology at http://www.ecy.wa.gov/programs/sea/pubs/95-107/intro.html .

Whatcom County has previously implemented most or all of these recommendations at one time or another in various locations in the County.  Therefore, these actions could be implemented as an extension of the responsibilities of staff.  Existing materials could be used or modified for Birch Bay as needed rather than developed from new. 

Monitoring

In accordance with the NPDES permit conditions, a coordinated monitoring program should be developed.    Since the primary water quality issue in the watershed is coliform bacteria, monitoring should be focused on that.  The Department of Health monitors bacteria in the shellfish harvesting areas of the bay.  There is no systematic monitoring program for the individual sources of bacteria.

Monitoring programs should include three elements:

•          Compliance monitoring:  were the program actions implemented (inspections, education)?

•          Effectiveness: did the actions achieve objectives (reduce or eliminate bacterial sources)?

•          Validation: did the objectives achieve goal (unrestricted shellfish harvesting)?

The first and most important question to resolve is how the monitoring information would be used to adapt management actions.  A work group should be formed in the County to answer this question and plan a monitoring program accordingly.  The monitoring program should be adjusted periodically to increase its value but care should be taken to sustain a program in a consistent format so that data can be compared and trends identified.

The County has monitoring programs established in other watersheds and there are knowledgeable staff.  The program should include an element for volunteer training and coordination.  Much of the key monitoring may be visual indicators such as surveys of bird and pet concentrations.   County staff should coordinate with the Health District to monitor septic systems.

Following adoption of the stormwater plan, the County should require an annual review of implementation of the recommended actions (compliance monitoring).  This could be incorporated with the annual budget review process.  At the same time staff should present a list of specific potential bacterial sources identified and whether or not they were reduced or eliminated (effectiveness monitoring).  The annual review should include a summary of Health Department annual monitoring of coliform in Birch Bay and an analysis of implications for the effectiveness of the programs.

Regulations

The County should:

·         Adopt and enforce the 2005 version of the Ecology manual and update County Development Standards for Stormwater Management in response

·         Prohibit discharge of pollutants to the stormwater system

·         Adopt requirements for infiltration and reduced impervious surface and remove regulatory barriers to this

·         Adopt requirements for annual inspections and corrections for septic systems.

·         Designate the Birch Bay watershed as a Stormwater Special District as discussed in the County Development Standards

·         Create a Shellfish Protection District that comprises the Birch Bay watershed to increase awareness of the resource.

Additional recommendations for additions and modifications to regulations are discussed in the regulatory section. and a funding source identified

Record Keeping and Annual Reporting

The draft NPDES permit requires keeping records of all activities.  This includes:

·         Track SWMP development and implementation

·         Prepare annual report of SWMP effectiveness

·         Number of inspections

·         Enforcement actions

·         Educations activities.

Administration

Provision of the CIP and non-CIP program recommendations will require additional administration.

Identify one staff person as a “watershed keeper” or similar designation.

As an initial effort to establish the education program, approximately 30%of a full-time person equivalent should be adequate.

Adopt and implement a permanent and dedicated funding source.

Summary of Action Recommendations

The program actions recommendations are summarized in the following table.