Remove Creekside from UGA

June 2, 2025, letter to Whatcom County Planning from Otto Pointer:

Date: June 1, 2025 To: Whatcom County Council Whatcom County Planning Commission 

Re: Request to Remove Creekside from the Urban Growth Area and Ensure Compliance with Shoreline and Stormwater Regulations 

Dear Council Members and Planning Commissioners, I am writing to request that the Whatcom County Council and Planning Commission remove the "Creekside at the Ridge" development area from the Urban Growth Area (UGA) designated under the Growth Management Act (GMA), as provided in RCW 36.70A. Additionally, I urge the County to ensure that the City of Blaine complies with the Shoreline Management Act (SMA), RCW 90.58, and current stormwater management standards for developments impacting Drayton Harbor. 

This request is supported by the following legal grounds: 

1. Protection of Critical Areas The Creekside site is situated within a Critical Aquifer Recharge Area (CARA) and includes wetlands and streams that drain into Drayton Harbor. RCW 36.70A.170 requires counties and cities to designate and protect critical areas, such as aquifer recharge areas and wetlands, while RCW 36.70A.060 mandates development regulations to safeguard these areas. High density urban development at Creekside conflicts with these statutes and threatens water quality and ecological functions. 

2. Improper UGA Designation Under RCW 36.70A.110, UGAs must accommodate urban growth while avoiding critical areas where feasible. The inclusion of Creekside in the UGA is inconsistent with this requirement due to its environmental constraints, justifying its removal to align with the GMA’s intent of sustainable growth planning.

3. Shoreline Management Act Violations Blaine’s Shoreline Master Program (SMP) establishes a 100-foot buffer for marine shorelines, which is less protective than Whatcom County’s 150-foot standard. RCW 90.58.020 mandates that SMPs ensure no net loss of shoreline ecological functions. Blaine’s inadequate buffer jeopardizes Drayton Harbor’s ecological integrity, violating state law. 

4. Non-Compliant Stormwater Standards Blaine applies the outdated 2019 Stormwater Management Manual for Western Washington (SWMMWW) rather than the current 2024 SWMMWW, effective August 1, 2024, as required by the Washington State Department of Ecology. Compliance with RCW 36.70A.060 and National Pollutant Discharge Elimination System (NPDES) standards necessitates the adoption of the 2024 manual to protect Drayton Harbor’s water quality. 2 

Based on these concerns, I respectfully request the following actions:  

Removal of Creekside from the UGA: Amend the UGA boundaries, as authorized by RCW 36.70A.130, to exclude Creekside, thereby protecting critical areas and ensuring compliance with the GMA. 

Enforcement of SMP and Stormwater Compliance: Condition any future UGA amendments on Blaine updating its SMP to meet or exceed Whatcom County’s shoreline buffer standards and adopting the 2024 SWMMWW for all relevant development projects. 

These measures are critical to protect Drayton Harbor and ensure adherence to state environmental regulations. Thank you for considering this request. 

Sincerely, 

Otto Pointer 

Blaine Water Coalition 

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