•The economic feasibility of retention/reuse based on a study of the market conditions at the time of application; or

•Information demonstrating that it is not economically viable to renovate the building based on responses to a request for proposals, or equivalent process, which did not generate any viable proposals for adaptive reuse of the building in a time frame consistent with the development of the surrounding properties; and

•Site planning constraints created when a competing development proposal requires the land where the building is located, but does not need the building; and

•The financial consideration and obligations of the owner at the time of redevelopment and environmental cleanup occurring in the vicinity of these structures; and

•Whether retaining the building for an additional time period would impact the phased implementation of the waterfront district sub-area plan as defined in the waterfront district development agreement and the inter-local agreement for facilities between the city and the port; and

•How demolition may impede adaptive reuse; and

•How the retention or adaptive reuse of the building might contribute towards heritage tourism.

A report summarizing these factors shall be submitted by the applicant for PAO official review. The PAO official may request additional information needed for clarification of the analysis. None of the above shall preclude a determination by the city building official that the building poses an imminent threat to public health and safety.

8-3. Prior to issuance of demolition or building permit for the chip bins, digester tanks or high density tanks, these structures will be evaluated by the applicant for possible retention/reuse as industrial icons, based on their historic significance, engineering feasibility and financial considerations of the owner at the time of redevelopment occurring in the vicinity of those structures.

8-4. All demolition plans for buildings or structures identified in the EIS as potentially eligible for listing on local, state or national registers shall include a Historic American Building Survey and Historic American Engineering Record documentation and a building material salvage or reuse plan for the structure proposed for demolition.

8-5. For construction below grade located in or adjacent to areas of high probability of Native American archaeological material), the applicant shall establish procedures and appropriate responses for addressing potential effects to archaeological resources that may be located in such areas. These procedures and responses shall include: (1) consideration of level of contractor awareness and training; (2) consideration of specific areas where on-site archaeological monitoring should be conducted; (3) development of a list of on-site chains of authorities and contacts for decision-making regarding inadvertent archaeological discoveries during construction activities; (4) a description of prescriptive actions that would result in minimal additional disturbances to potentially significant resources if any are discovered, including discoveries during construction activities including specific treatment plans for inadvertent discovery of human remains; and (5) identification of expectations of participating groups involved in addressing the site’s potential for discovery of archaeological resources.

B. During Construction

8-6. Construction in the immediate vicinity of any National Register for Historic Places, Washington Historic Register and/or Bellingham local historic register listed buildings and structures shall be monitored so that such listed resources will not be adversely affected by ground settlement, vibration or other geotechnical factors.

8-7. If any archaeological resources or human remains are found during construction, all work on that project shall stop immediately and the project proponent and/or general contractor shall contact the Lummi Nation, Nooksack Tribe, city of Bellingham planning and community development department and the State Office of Archaeology and Historic Preservation. No work shall restart without further approvals by the applicable state or federal agency with jurisdiction.

9. Transportation

A. Prior to Issuance of a Demolition, Grading, or Building Permit

9-1. All new development proposals shall occur consistent with the waterfront district transportation infrastructure phasing plan, as contained in Chapter 16.30 BMC, Article II.

9-2. The development of on-site and off-site roadways and other transportation infrastructure associated with the Waterfront District site shall occur consistent with the Waterfront District Transportation Infrastructure Phasing Plan, as contained in Chapter 16.30 BMC, Article II.

9-3. Provisions for transit service and facilities shall be coordinated with the local transit provider to achieve consistency with the waterfront district transportation infrastructure phasing plan.

B. During Construction

Section intentionally left blank.

C. For the Life of the Project

9-4. All new development in the waterfront district shall be reviewed as part of the biennial monitoring program identified in BMC 16.30.170(B) to track on-site vehicle trips generated.

A. Prior to Issuance of a Demolition, Grading, or Building Permit

10-1. Design and development of electrical and gas utilities shall occur in coordination with the applicable provider and consistent with the transportation infrastructure phasing plan.

11. Parks and Recreation

A. Prior to Issuance of a Land Use Permit or Other Land Use Enablement

11-1. Pursuant to the development agreement and the facilities agreement, as it may be amended from time to time, the port and city shall provide for parks, trails, and open space by phase.

12. Affordable Housing

A. For the Life of the Project

12-1. Pursuant to the development regulations and the development agreement, the port shall work with the city, developers, nonprofit and other private and public organizations to provide affordable housing opportunities in the waterfront district.

Attachment 1

Cultural Resource Management Plan

1.0 Plan and Procedures for the Unanticipated Discovery of Cultural Resources during Redevelopment of the Waterfront District

As part of the waterfront district redevelopment project, an Archaeological Resources Assessment was prepared in December 2007 by Northwest Archaeological Associates, Inc. (Draft EIS, Appendix M), to evaluate the potential impacts of redevelopment on cultural resources in accordance with the Washington State Environmental Protection Act. This study was based on a review of previous ethnographic, historic, and archaeological investigations in local areas including background literature and maps. In addition, Lummi and Nooksack Tribes cultural resources staff were notified of the waterfront district redevelopment project details and provided the opportunity to comment on the potential impacts of the project. There is a high probability for encountering intact Native American archaeological materials along the historic bluff and bluff edges with the probability increasing with proximity to the mouth of Whatcom Creek.

A cultural resource discovery could be prehistoric or historic. Examples include:

•An accumulation of shell, burned rocks, or other food related materials,

•Bones or small pieces of bone,

•An area of charcoal or very dark stained soil with artifacts,

•Stone tools or waste flakes (i.e., an arrowhead, or stone chips),

•Clusters of tin cans or bottles, logging or agricultural equipment that appears to be older than 50 years,

•Buried railroad tracks, decking, or other industrial materials.

When in doubt, it should be assumed the material is a cultural resource.

2.0 Prior to Issuance of Any Permit to Disturb Ground, Such As a Grading or Building Permit

For proposals requiring excavation, proponents shall review the Northwest Archaeological Associates, Inc., Archaeological Resources Assessment (2008 Waterfront District Redevelopment Draft Environmental Impact Statement, Appendix M) to determine if the proposed boundaries are located within 25 feet of a high probability area for encountering intact Native American archaeological materials.

2.1 If the proposed boundaries are not located within 25 feet of a high probability area for encountering intact Native American archaeological materials:

The High Probability Area for encountering intact Native American archaeological materials shall be shown on the site plan, noting that the project is not within 25 feet of this area.

•Also note on the site plan:

○    Project proponents must follow local, state and federal laws and regulations that address cultural resources. In the event that any activity results in the discovery of cultural resources, work shall halt in the immediate area, and contact made with the City of Bellingham Planning Division, the Department of Archaeology and Historic Preservation (DAHP), and representatives of the Nooksack Tribe and the Lummi Nation.

○    “If ground disturbing activities encounter human skeletal remains during the course of construction, then all activity will cease that may cause further disturbance to those remains. The area of the find will be secured and protected from further disturbance. The finding of human skeletal remains will be reported to the county medical examiner/coroner and local law enforcement in the most expeditious manner possible. The remains will not be touched, moved, or further disturbed. The county medical examiner/coroner will assume jurisdiction over the human skeletal remains and make a determination of whether those remains are forensic or non-forensic. If the county medical examiner/coroner determines the remains are non-forensic, then they will report that finding to the Department of Archaeology and Historic Preservation (DAHP) who will then take jurisdiction over the remains. The DAHP will notify any appropriate cemeteries and all affected tribes of the find. The State Physical Anthropologist will make a determination of whether the remains are Indian or Non-Indian and report that finding to any appropriate cemeteries and the affected tribes. The DAHP will then handle all consultation with the affected parties as to the future preservation, excavation, and disposition of the remains.”

2.2 If the proposed project boundaries are located within 25 feet of a High Probability Area for encountering intact Native American archaeological materials:

•The high probability area for encountering intact Native American archaeological materials shall be shown on the site plan, noting that the project is within 25 feet of this area.

•Provide a copy of the “Unanticipated Discovery Plan for Cultural Resources” for this site.

•The Unanticipated Discovery Plan for Cultural Resources shall, at a minimum, include the following protocols:

○    For projects involving significant ground disturbing activities (i.e.: excavations to pre-contact contours), a copy of the professional archaeologist’s review of project plans, including a determination if archaeological testing or site monitoring by a professional archaeologist is required to protect against potential impacts to intact Native American archaeological materials.

○    A training program will be provided during pre-project meeting(s) so that the job site supervisor, project manager, and excavation contractor, and any subcontractors, are aware of the procedures for the dealing with the unanticipated discovery of cultural resources or human remains.

○    If there is an unanticipated discovery of human remains or Native American archaeological material, all work adjacent to the discovery shall cease. At a minimum, the immediate area will be secured and marked with flagging to a distance of 30 feet from the discovery. Vehicles, equipment and unauthorized personnel will not be permitted to traverse the discovery site.

○    The remains will not be touched, moved, or further disturbed.

○    A professional archaeologist or project manager will immediately call the Whatcom County sheriff’s office (911) and the Whatcom County medical examiner (360-738-4557). The Whatcom County medical examiner will assume jurisdiction over the human skeletal remains and determine if the remains are forensic or non-forensic (related to a criminal investigation or not).

○    If the human skeletal remains are determined to be non-forensic, the Whatcom County medical examiner will notify the Washington State Department of Archaeology and Historic Preservation (DAHP). DAHP will take jurisdiction over the remains. The State Physical Anthropologist will determine whether the remains are Native American or non-Native American. DAHP will handle all consultation with the Nooksack Tribe and Lummi Tribe as to the treatment of the remains.

○    If cultural material is uncovered and determined to be significant by a professional archaeologist, the consulting archaeologist will immediately contact DAHP and tribal representatives to seek consultation regarding appropriate documentation and/or response actions.

○    The professional archaeologist shall provide a copy of their report on any discoveries to DAHP, affected tribes, and the City of Bellingham’s planning department within 30 days of discovery.

CONTACT INFORMATION

Department of Archaeology and Historic Preservation

Dr. Allyson Brooks

State Historic Preservation Officer

1063 South Capitol Way, Ste. 106

Olympia, WA 98501

360-586-3066

Lummi Nation

Lena Tso

Lummi Tribal Historic Preservation Office

2530 Kwina Road

Bellingham, WA 98226

360-384-2259 ext. 2662

Nooksack Tribe

George Swanaset Jr.

Director/Tribal Historic Preservation Officer

THPO, Cultural Resources

5016 Deming Road

P.O. Box 157

360-306-5759

Whatcom County Sheriff’s Office

311 Grand Avenue

Bellingham, WA 98225

360-676-6650

Whatcom County Medical Examiner

1500 N. State Street

Bellingham, WA 98225

360-738-4557 [Ord. 2018-12-036 § 7; Ord. 2013-12-091 (Exh. A)].