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HomeMy WebLinkAbout1993/11/15 - Lower Hood Canal CWD ff �. f Y MASON COUNTY BOARD OF COMMISSIONERS- MASON COUNTY COURTHOUSE BUILDING 1 411 NORTH FIFTH(206)427-9670 EXT.419 SHELTON,WASHINGTON 98584 MEMO TO: Gary Burleson, Prosecuting Attorney FROM: Mason County Commissioners DATE: November 15, 1993 SUBJECT: Lower Hood Canal Shellfish Protection District We would appreciate a legal opinion with regard to the boundaries of the above shellfish protection district. At the original hearing, a map was displayed showing the boundaries of the district. The legal description in the ordinance doesn't agree with the map. Do we need to hold a hearing to amend the legal description in the ordinance to agree with the map? Thank you. Sincerely, BOARD OF MASON COUNTY COMMISSIONERS William O. Hunter M. L. Faugh er Laura E. Porter Chairperson Commissioner Commissioner 1st District 2nd District 3rd District M.L.FAUGHENDER WILLIAM O.HUNTER LAURA E.PORTER Printed by Diane Zoren 11/10/93 2:16pm ---------------------------------------- v-om: Diane Zoren CONFIRMED Wayne Clifford object: i have the revised (fwd) ---------------------------------------- ====NOTE====------=====11/10/93_ 8:39am= i have the revised ordinance for lower hood canal protection diet. do you want it so you can let the cmmrs know you will present it at the next meeting for approval?? =Fwd by: Wayne Cliffor=11/10/93 2:15pm= Fwd to: Diane Zoren I briefed with them on this. They requested we send it to legal for an opinion on whether we have to have a hearing for the change or not. EXPLANATION At the hearing for the ordinance we presented a map of the district that was intended to be the boundaries but the legal description didn't match the map. They feel the map takes Ysidence. They want a legal opinion. ORDINANCE NO. -93 AN ORDINANCE REPLACING ORDINANCE NO. 103-93,RESOLUTION NO.48-93,70-93 AND 75-93 TO FORM AND ESTABLISH THE BOUNDARIES FOR THE LOWER HOOD CANAL SHELLFISH PROTECTION DISTRICT WHEREAS, The Board of Mason County Commissioners has determined the formation of a clean water district must be done by ordinance rather than by resolution, AND; WHEREAS, Lynch Cove,in the Lower Hood Canal Watershed,received downgrades of commercial shellfish beds, AND; WHEREAS, RCW 90.72 'Shellfish Protection Districts' directs the county to establish a Shellfish Protection District within 180 days of such a downgrade and establish a program to address the reasons(s) for the downgrade, AND: WHEREAS; The Lower Hood Canal Watershed Management Committee did submit a letter to the Board of Mason County Commissioners supporting the formation of a Shellfish Protection District, AND; WHEREAS, the Lower Hood Canal Watershed is a major shellfish producing watershed, AND; WHEREAS, nonpoint pollution sources Including failing on-site sewage systems and agricultural runoff threaten the public safety of shellfish harvesting within the watershed, THEREFORE BE IT RESOLVED THAT Mason County establishes the Lower Hood Canal Shellfish Protection District as authorized under RCW 90.72 and the boundaries of the district are to include: West Wiliamet Meridian T23N, R1W, Sections 4 through 9, 16 through 21, 28 through 33; T22N, R1 W, sections 5, except the southeast quarter thereof, all of 6 and 7. The Northwest quarter of 8,.and that portion of 18, lying Northwesterly of a line running diagonally from the Northeast corner, thereof, to the Southwest corner thereof; T23N, R2W, sections 1 through 36; T22N, R2W, sections 1 through 24,the Northwest quarter of 27, 28, except the Southeast quarter thereof, all of 29 and 30 and the North half of sections 31 and 32; T23N, R3W, sections 1, 2, 11 through 15, 21 through 28, 32 through 36; T22N, R3W, sections 1 through 30, 32 through 36; T21 N, R3W, sections North half of 2 and 3, all of 4 and 5, and the Northwest quarter of 9. DATED this day of November, 1993 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON William 0. Hunter, Chairperson M.L. Faughender, Commissioner ATTEST: Laura E. Porter, Commissioner Lower Hood Canal . Township 23 .N. , Range 1 W. Sections: 4 thru 9, 16 thru 21, 28 thru 33 ,�Pe_4'Township 22 N. , Range 1 W. Sections: 5, except the southeast quarter thereof, all of 6 and 7. The Northwest Quarter of 8, and that portion of 18, lying Northwesterly of a Line Running Diagonally from the Northeast Corner, Thereof, to the Southwest corner thereof. Township 23 N. , Range 2 W. Sections: 1 thru 36 . eo'k-Township 22 N. , Range 2 W. Sections: 1 thru 24 ; the Northwest Quarter of 27 , 28 , except the Southeast Quarter thereof, all of 29 and 30 and the North Half of Sections 31 and 32 . Township 23 N. , Range 3 W. Sections: 1, 2 , 11 thru 15 21, thru 28, 32 thru 36 Township 22 N. , Range 3 W. Sections: 1 thru 30, 32 thru 36. x D\?J Township 21 N. , Range 3 W. p Sections: North Half of 2 and 3 , all of 4 and 5, and the Northwest Quarter of 9 . s ORDINANCE NO. 103-93 AN ORDINANCE REPLACING RESOLUTION NO. 48-93, 70-93 AND 75-93 TO FORM AND ESTABLISH THE BOUNDARIES FOR THE LOWER HOOD CANAL SHELLFISH PROTECTION DISTRICT WHEREAS, The Board of Mason County Commissioners has determined the formation of a clean water district must be done by ordinance rather then by resolution, AND; WHEREAS, Lynch Cove, in the Lower Hood Canal Watershed, received downgrades of commercial shellfish beds, AND; WHEREAS, RCW 90.72 "Shellfish Protection Districts" directs the county to establish a Shellfish Protection District within 180 days of such a downgrade and establish a program to address the reasons(s) for the downgrade, AND: WHEREAS; The Lower Hood Canal Watershed Management Committee did submit a letter to the Board of Mason County Commissioners supporting the formation of a Shellfish Protection District, AND; WHEREAS, the Lower Hood Canal Watershed is a major shellfish producing watershed, AND; WHEREAS, nonpoint pollution sources including failing on-site sewage systems and agricultural runoff threaten the public safety of shellfish harvesting within the watershed, THEREFORE BE IT RESOLVED THAT Mason County establishes the Lower Hood Canal Shellfish Protection District as authorized under RCW 90.72 and the boundaries of the district are to include: est Willamet Meridian ' 2 , 3 , e s -and 2, through 15, 21 through 28, 32 through 36; T23N, 2W, all sections; T23N, R1 sections 4 ough 9, 16 through 21, 28 through 32; T22N, R3W tions through 30, the east 1/4 of section 31 excluding properties within the Skokomish Control District, sections 32 through 36; T22N, R2W, se ions hrough 24, 29 and 30; T22N, R1W, ections 5 thr h 7; and that portion of section 18, lying northwesterly of a line drawn from the uthwest corner the f to the northeast corner thereof; T21 N, W, sections 1 through 5. DATED this 5th day of October, 1993 BOARD OF COUNTY COMMISSIONERS MASON COUNTY, WASHINGTON William O. Hunter, Chairperson M.L. Patighender16mmissioner ATTEST: Laura E. Porter, Commissioner R�ecca S. Rogers, Clerk of th oard