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(1) Purpose and Intent. The purpose of this section is to address two mandates under the Growth Management Act (GMA), Chapter 36.70A RCW.

(a) To protect the existing functions and values in and adjacent to aquatic habitat conservation areas (AHCA) and wetlands; and

(b) To conserve and protect agricultural lands, specifically those lands with existing, ongoing agricultural activities that are located on or within 200 feet of AHCAs and wetlands regulated under this chapter.

(2) Applicability. Agriculture activities that do not meet the definition of existing, ongoing agriculture (as defined in CCC 27.12.900) are required to comply with the applicable wetland protection standards found in CCC 27.12.215 and AHCA protection standards found in CCC 27.12.315. Existing, ongoing agriculture activities occurring on or within 200 feet of AHCAs and wetlands may deviate from the protection and buffer standards made applicable to them elsewhere in this chapter by instead complying with the alternate standards presented in this section and enrolling in this program. The alternate standards from the AHCA and wetland standards of this chapter may only be applied to existing, ongoing agriculture activities related to the cultivating of crops, grazing of livestock, and the land preparation associated with those agricultural activities.

(3) Enrollment in the Alternate Standards Program for Existing, Ongoing Agriculture.

(a) Existing, ongoing agriculture operations, as defined by CCC 27.12.900, are required to submit an alternate agriculture worksheet to the Administrator for review and approval to be enrolled into this section. This worksheet will include a risk assessment to address the criteria shown in Table 27.12.037(A) below.

(b) A new alternate agriculture worksheet is required every time an agricultural operation under the provisions of this section changes ownership or changes the agricultural operation in a manner that results in a higher risk assessment found in Table 27.12.037(A) below. The Administrator will conduct an audit of everyone in this program every five years.

(4) No Harm or Degradation Standard.

(a) All existing, ongoing agriculture activities must be conducted so as not to cause harm or degrade the existing functions and values of AHCAs, wetlands, or their associated buffers (the “no harm or degradation” standard). For the purposes of this section, the phrase “no harm or degradation” means the following:

(i) Compliance with all documented water quality standards consistent with the Washington State Department of Ecology water pollution control laws (Chapter 90.48 RCW).

(ii) Compliance with all applicable Washington State Department of Fish and Wildlife requirements of Hydraulics Code (Chapter 77.55 RCW) and the Hydraulic Code Rules (Chapter 220-110 WAC).

(iii) Conducting agricultural activities to avoid high risk activities outlined in subsection (5) of this section.

(iv) No evidence of significant degradation to AHCAs or wetlands regulated under this chapter that can be directly attributed to adjacent existing, ongoing agriculture activities.

(b) An owner or operator is responsible only for those conditions caused by agricultural activities conducted by them and is not responsible for the off-site actions of others, natural conditions not related to the agricultural activities, or emergency actions described in CCC 27.12.035(2).

(5) Existing, Ongoing Agriculture Risk Assessment Criteria.

(a) The success of farms and ranches in Clallam County depends in part on good quality soil, water, air and other natural resources. Agricultural activities that incorporate protection of the environment, including critical areas as defined by this chapter, are essential to achieving this goal. Agricultural activities are expected to be conducted in a manner that protects against harm or degradation to the existing functions and values of AHCA, wetlands, and their associated buffers.

(b) The Administrator shall utilize the low, moderate and high risk assessment criteria in Table 27.12.037(A) to evaluate existing, ongoing agriculture within and adjacent to AHCAs and wetlands. Existing, ongoing agricultural activities may have different risk assessment ratings based on the six performance standards and four risk assessment categories – river and streams, water features (wetlands, ponds, and irrigation/drainage ditches); livestock heavy use areas; and manure storage – in Table 27.12.037(A).

(c) The risk assessment criteria in Table 27.12.037(A) address agricultural activities located within AHCAs, wetlands, and their associated minimum standard buffers regulated under this chapter, and more intensive agricultural activities, i.e., manure storage, livestock heavy use, confinement areas, located within the 200-foot jurisdictional boundary of these critical areas. The risk assessment criteria in Table 27.12.037(A) also address nonregulated ponds and open irrigation/drainage ditches that are hydrologically connected to AHCA and wetlands, which may provide a means for pollution to cause harm and degradation to AHCA and wetlands.

(i) Low and Moderate Risk Agricultural Activities. Agricultural activities shall be deemed compliant with this section if they meet the low or moderate risk assessment criteria, unless it is determined by the Administrator that they are causing harm or degradation to the existing functions and values of AHCAs or wetlands located on real property owned, leased, or occupied by the person or entity completing the worksheet. If this occurs for one of the six performance standards, then the agricultural operation is required to develop a farm conservation plan to address activities causing harm or degradation. The intent of the farm conservation plan is, at a minimum, to lower the risk assessment for the specific performance standards of concern. The farm conservation plan shall be submitted to the Administrator for review and approval.

(ii) High Risk Agricultural Activities. Agricultural activities that receive a high risk assessment rating on any of the six performance standards are required to submit a farm conservation plan to address the high risk activities. The intent of a farm conservation plan is, at a minimum, to lower the risk assessment from high to moderate. The farm conservation plan shall be submitted to the Administrator for review and approval.

(iii) Farm Conservation Plans. Farm conservation plans under this section shall consider the USDA Natural Resources Conservation Service (NRCS) “Field Office Technical Guide” (FOTG) that contains a nonexclusive list of conservation practices (best management practices) to lower the risk from existing, ongoing agriculture to existing functions and values of AHCA and wetlands. The Clallam Conservation District may be available to provide assistance in the development of a farm conservation plan.

(iv) Existing Plans. Those portions of land upon which farm owners or operators have implemented a dairy nutrient management plan, a resource management system plan, or a conservation reserve enhancement program plan consistent with conservation practices and management standards that meet the FOTG quality criteria for each natural resource (soil, water, animals, plants, and air) and approved by the Clallam Conservation District or USDA Natural Resources Conservation Service are entitled to a presumption of compliance with the “no harm or degradation” standards described in subsection (4) of this section. This would be contingent on these plans not resulting in any high risk agricultural activities on any of the six risk assessment performance standards.

Table 27.12.037(A). Risk Assessment Criteria

(Ratings are based on lowest conditions)

LOW RISK

MODERATE RISK

HIGH RISK1

RIVERS, STREAMS, LAKES, & MARINE WATERS (AHCA)

Buffers are measured from ordinary high water mark (OHWM)

1(a). A year-round 50-foot or greater fully vegetated buffer2 is maintained with no livestock access.

2(a). Manure application at rates not exceeding the crop nutrient needs occurs only outside the minimum 50-foot buffer and only during the growing season4.

1(b). A year-round 35-foot minimum well vegetated buffer3 is maintained with no livestock access.

2(b). Manure application at rates not exceeding the crop nutrient needs occurs only outside the minimum 35-foot buffer and only during the growing season4.

1(c). Less than 35-foot wide well vegetated buffer3 is maintained or livestock have access to the buffer.

2(c). Manure is not applied at rates based on crop nutrient needs, occurs within 35-feet of the OHWM, or is applied outside growing season4.

WETLANDS & OTHER WATER FEATURES5

Buffers are measured from edge of wetland or water feature

3(a). A year-round 50-foot or greater fully vegetated buffer2 is maintained between wetlands/water features and livestock or cultivation.

4(a). Manure application at rates not exceeding the crop nutrient needs occurs only outside the minimum 50-foot buffer and only during growing season4.

3(b). A 35-foot minimum well vegetated buffer3 is maintained between wetlands/water features and livestock or cultivation except as outlined in footnote 8.

4(b). Manure application at rates not exceeding the crop nutrient needs occurs only outside the minimum 35-foot buffer and only during the growing season4.

3(c). Conditions specified in criterion 3(b) are not met.

4(c). Manure application occurs within 35-foot buffer, manure is not applied at rates based on crop nutrient needs, or is applied outside the growing season4.

LIVESTOCK HEAVY USE AREAS6

5(a). Livestock heavy use area is located at least 200 feet from AHCAs, wetlands or water features.

AND

There is a year-round, 50-foot or greater fully vegetated buffer2.

5(b). Livestock heavy use area is located at least 100 to 200 feet from AHCAs, wetlands or water features.

AND

There is a year-round, well vegetated 50-foot buffer3 upon any portion of the AHCA, wetland or water feature that is within 200 feet of the heavy use area.

5(c). Livestock heavy use area is located less than 100 feet from AHCAs, wetlands, or water features.

OR

There is less than a 50-foot year-round well vegetated buffer3 at all locations where 5(b) requires the presence of such a buffer.

MANURE STORAGE7

6(a). Manure storage structure is covered with a roof or tarp and located at least 200 feet from AHCAs, wetlands, or water features.

AND

There is a year-round, 50-foot or greater fully vegetated buffer2.

6(b). Manure storage structure is covered with a roof or tarp and located at least 100 feet from AHCAs, wetlands, or water features.

AND

There is a year-round, 50-foot well vegetated buffer3 upon any portion of the AHCA, wetland or water feature within 200 feet of the manure storage structure.

6(c). Manure storage is covered but located less than 100 feet from AHCAs, wetlands, or water features.

OR

Manure storage is uncovered but located less than 200 feet from AHCA, wetland or water feature.

OR

There is less than a 50-foot year-round well vegetated buffer3 at all locations where 6(b) requires the presence of such a buffer.

Footnotes:

1A farm plan will be required to address any of the six risk assessment criteria that receive a rating of “HIGH RISK.”

2A fully vegetated buffer is generally comprised of one-third herbaceous (non-woody) outer area, and two-thirds inner area comprised of native trees, shrubs, and/or herbaceous vegetation. The inner area is closest to the AHCA, wetland or water feature. The outer area shall achieve a total cover of 100 percent herbaceous vegetation (non-woody) within three years and the inner area shall achieve a total cover of 25 percent native trees or shrubs and a total cover of 100 percent for all vegetation types within five years.

3A well vegetated buffer should be comprised of herbaceous vegetation (non-woody) in the outer area along with native trees, shrubs, and/or herbaceous vegetation in the inner area. The entire area shall achieve a total cover of approximately 75 percent herbaceous vegetation (non-woody) within three years and should also include native trees or shrubs.

4Growing season is generally April through October.

5Water features include ponds, irrigation ditches, and drainage ditches that are hydrologically connected to AHCA or wetlands.

6Heavy use areas includes areas where livestock are confined or congregate, such as feeding locations and wet season pasture areas (sacrifice areas) where polluted runoff may pose a risk to water quality. Does not apply to barns and sheds.

7Manure storage includes collected liquid manure, solid manure, and bedding.

8Buffer may be utilized for harvesting of forage, including grazing, when the water feature is dry if minimum forage height of three inches is maintained.

(6) Compliance. If the Administrator determines through the review of the alternate agriculture worksheet, risk assessment, or the farm conservation plan that an agricultural operation regulated under this section is causing harm or degradation to the functions or values of AHCA or wetlands, then the Administrator will pursue compliance.

(a) It is the policy of the County to emphasize compliance by education and voluntary compliance as a first step. This would entail requiring a farm conservation plan as outlined in subsections (5)(a), (5)(b), and (5)(c) of this section. While voluntary compliance is desirable, failure to implement the required Farm Conservation Plan in compliance with this section is subject to CCC 27.12.055, Enforcement, and CCC Title 20, Code Compliance.

(b) Clallam County has regulatory authority for critical areas code enforcement and the Department of Ecology has regulatory authority for enforcement of State water quality protection laws. The mechanisms for responding to alleged water quality violations of agricultural origin and the role of the Clallam Conservation District in providing assistance to agricultural owners and operators to correct water quality violations is described in a 1987 memorandum of agreement with the Washington State Department of Ecology and a 1998 memorandum of understanding with the County.

(7) Baseline Conditions, Indicators, Monitoring, and Adaptive Management. The purpose of this section is to establish for enrollees in the alternate standards program, baseline conditions, monitoring indicators, and to utilize adaptive management.

(a) Existing Baseline Functions and Values. The County will use the following to establish the baseline of existing functions and values for AHCAs and wetlands:

(i) Streamkeepers biological integrity scale (B-IBI) stream rating system dated December 2011.

(ii) Washington State Department of Ecology Water Quality Assessment 305 Report dated December 2012.

(iii) Washington State Department of Ecology 303(d) dated December 21, 2012.

(iv) Clallam County Shoreline Inventory and Characterization Report for portions of Clallam County draining to the Strait of Juan de Fuca, March 2012.

(v) Revised draft WRIA 20 Inventory and Characterization Report, May 2012.

(b) The County will use the following indicators to analyze the trends of the existing baseline functions and values for AHCAs and wetlands:

(i) Stream reach classification changes based on the Streamkeepers biological integrity scale (B-IBI) stream rating system of healthy; compromised; impaired, highly impaired, and critically impaired.

(ii) Change in stream reach or AHCA water quality documented by Streamkeepers of Clallam County.

(iii) Removal or addition of a stream reach or AHCA from the Washington State Department of Ecology 303(d) list.

(iv) Change in stream reach or AHCA water quality documented in the Washington State Department of Ecology, Washington State Water Quality Assessment 305 Report.

(v) Water quality monitoring performed under the Pollution Identification and Correction (PIC) Plan for the Sequim Bay – Dungeness Watershed Clean Water District to strategically and systematically identify and address agricultural sources of pollution.

(vi) A downgrade to the classification of wetlands adjacent to or hydrologically connected to existing, ongoing agriculture activities.

(vii) Other Data Sources – Reserved.

(c) Monitoring. The Administrator will issue an annual report addressing the implementation of existing, ongoing agriculture at sites participating in the alternate standards program. The report will include the number and location of participants, the alternate agriculture worksheets, the change in AHCA and wetland native vegetation cover adjacent to agricultural operations authorized per this section, and Streamkeepers testing data or other functions and values measurable in the vicinity of significant concentration of agricultural operations. If the reporting indicates that AHCAs and wetland functions and values are not being impacted in the vicinity of agricultural operation operating under this section, then the reports will be prepared every five years thereafter.

(d) Adaptive Management. The Administrator will review the above indicators and monitoring to determine trends in the baseline functions and values in subsection (7)(a) of this section. If there is a downward trend, the Administrator will assess whether existing, ongoing agriculture activities subject to this section are likely contributing to this downward trend and, if so, implement the following steps:

(i) Contact participating landowners of existing, ongoing agriculture and provide information to make them aware of the issue of concern (e.g., monitoring results).

(ii) If the baseline functions and values do not improve in subsequent monitoring results, the Administrator will seek to determine whether there is an identifiable cause to the problem through site visits, consultations with other agencies, or other means of investigating the cause.

(iii) If there is an identifiable issue related to existing, ongoing agriculture, the Administrator will seek compliance under subsection (6) of this section.

(iv) If the agricultural operations regulated under this section have implemented agricultural best management practices to achieve a low or moderate risk assessment, but the functions and values of the AHCA and wetlands still degrade, this may necessitate a revision to the required modification to the risk assessment performance standards or the enactment of protective measures in this section to address the problem.