Category Archives: Land use

Five big projects planned for the Skokomish River

The Army Corps of Engineers is moving forward on a $40-million restoration program along the Skokomish River, as I mentioned in Water Ways last week.

According to Rachel Mesko of the Army Corps of Engineers, two major projects have been dropped from the “tentatively selected plan” for the Skokomish, which flows into the south end of Hood Canal. That leaves five major projects to advance forward for a likely recommendation to Congress.

Skok watershed

Rachel presented a status report on the program during a recent meeting of the Skokomish Watershed Action Team.

It’s hard to remember how long I’ve been writing about the Army Corps of Engineers’ involvement in the Skokomish. So I looked it up. The agency completed a flood analysis in 1988, considered dredging options in 1995 and began work on the current “general investigation” in 2000.

Before I talk about the projects being proposed, I’d like to recall what is at stake in the Skokomish, often cited as the most frequently flooded river in Washington state. Many people believe that the restoration of Hood Canal, a gem of an ecosystem, cannot be successful without first fixing the Skokomish, where individual restoration projects have been underway for years.

Here’s a brief description of the problems from the feasibility report on the Skokomish River Basin Ecosystem Restoration (PDF 5.3 mb).

“High sediment load, reduced flows and encroachment on the floodplain by man-made structures are causing continued degradation of natural ecosystem structures, functions, and processes necessary to support critical fish and wildlife habitat throughout the basin.

“The decline in populations has resulted in the listing of four anadromous fish species under the Endangered Species Act — chinook salmon, chum salmon, steelhead, and bull trout — that use the river as their primary habitat.

“The impaired ecosystem has adversely affected riverine, wetland, and estuarine habitats that are critical to these and other important fish and wildlife species such as bears, bald eagles and river otters to name a few.”

Let me list some of the specific problems:

  • Historical removal of large woody debris has simplified the stream, wiping out pools, eliminating places for young fish to hide and reducing nutrients, which feed aquatic insects and support an entire food web.
  • Logging along the river has eliminated the supply of large woody debris, the shade to cool the stream and the overhanging vegetation, a key part of the food web. Logging also has increased erosion which prevents new vegetation from taking hold, smothers salmon eggs and fills in pools, where salmon can rest.
  • Levees built to protect farmland from flooding halted the natural movement of the river, known as channel migration, and prevented the formation of new habitats.
  • Logging upstream in the South Fork of the Skokomish River and Vance Creek increased erosion and movement of sediment into the lower river, cutting off fish access to side channels, wetlands and other aquatic habitats.
  • The Cushman Dam Project blocked 25 percent of the mainstem habitat and 18 percent of tributary habitat available for salmon in the North Fork of the Skokomish River. Reduced flows below the dam increased sedimentation in the lower Skokomish. As a result, about a mile of the river dries up about two months each summer, blocking salmon migration.
  • Highways 101 and 106 disrupted natural floodplains that can be used by fish to find food and to escape high flows and then find their way back to the river.

Five projects designed to reduce these problems are being proposed by the Army Corps of Engineers:

Car body levee removal: This levee was built with old cars at the confluence where the North Fork flows into the mainstem of the Skokomish. Some 5,000 feet of the levee would be removed. A small channel would be created to allow water from the mainstem to flow into the North Fork and return at the existing confluence. Large woody debris would help direct water into the channel. Estimated cost: $7.5 million.

Large woody debris: Upstream of the confluence with the North Fork, large woody debris would be installed. Large clusters of trees with root wads, as well as some single trees, would be placed between river mile 9 and 11, as measured from the estuary in Hood Canal. Estimated cost: $3.2 million.

Setback levee at river mile 9: The existing levee would be breached in four locations, and a new levee would be built some 200 to 300 feet farther away. The levee would allow for minor over-topping but would not increase the flood risk. Estimated cost: $2.4 million.

Grange levee: Larger breeches are planned for the levee near the Grange hall at river mile 7.5 to 8, compared to the levee at river mile 9. A new levee, up to 10 feet tall and 2,900 feet long, would be constructed 1,200 feet farther back with no increase in flood risk. Locations are still under discussion. Estimate cost $3.3 million.

Side channel connection near Highway 101: An old remnant channel between river mile 4 and 5.6 would be restored to take water from the mainstem at high flows. Woody debris would help define the inlet and outlet to the channel, which would become a ponded wetland at low flows. Estimated cost: $3.1 million.

The costs above were taken from the feasibility study and do not include design, planning and related costs.

You might note that the River Mile 9 levee and the Grange levee fit the concept of “Floodplains by Design,” an idea supported by The Nature Conservancy and funded by the Washington Legislature with $44 million. Check out the Associated Press story.

After discussions with nearby property owners, two projects were removed from the preliminary list. They involve excavation work on both Hunter and Weaver creeks to restore the tributaries to more nature flows.

Rich Geiger, engineer for Mason Conservation District, said the Skokomish restoration program seems to have wide support among landowners in the Skokomish Valley as well as among interest groups, including the Skokomish Watershed Action Team. As a result, he expects that the project will maintain momentum all the way to Congress.

“It is fairly rare to have a watershed working together,” Rich said at the SWAT meeting. “The ones that are difficult are when you have two parties, one saying ‘yes’ and other saying, ‘Don’t you dare.’

“There is support (for the Skok project) through the Corps chain of command and all the way up to the national level,” he added.

If things go well, a final plan for the Skokomish could be ready by late next summer, according to Rachel Mesko.

By the way, I would like to publicly thank the SWAT for the “certificate of appreciation” I was given for my reporting on Skokomish River through the years. It’s an honor to be associated with this group of men and women who are fully committed to seeing the Skokomish River restored to a healthy ecosystem.

Skokomish River gets special attention in salmon funding

Big money is beginning to come together for planning, engineering and design of major restoration projects along the Skokomish River. If approved by Congress, the cost of construction could exceed $40 million — a lot of money to you and me, but maybe not so much for the Army Corps of Engineers.

Last week, the state’s Salmon Recovery Funding Board approved grants for more than 100 projects in 29 counties throughout the state. The total, from state and federal sources, was about $18 million for this round of funding.

Mason County was one of the big winners this time, receiving $1.25 million for seven projects, including a $360,000 contribution to planning and engineering for transformative projects on the Skokomish. The total cost for a “35-percent level of design” is expected to be $2.45 million, mostly from the Corps of Engineers. That level of design is needed to give top officials in the Corps and members of Congress a good idea of cost before they commit to the massive undertaking along the Skok.

I’ll address the specific Skokomish River projects, along with new information from the Corps, in a separate blog post to come. For now, I’d like to describe other projects approved in the latest round of SRF Board funding.

In addition to the design work on the Skokomish, the Mason Conservation District will move ahead with the construction of 21 man-made logjams in the Holman Flats area along the South Fork of the Skokomish. That is an area that was logged and cleared in preparation for a dam that was never built.

Man-made logjams were placed in the Skokomish River in 2010. More will be added thanks to a new salmon-recovery grant. Kitsap Sun photo
Man-made logjams were placed in the Skokomish River in 2010. More will be added thanks to a new salmon-recovery grant.
Kitsap Sun photo

The clearing destabilized the river and degraded salmon habitat for more than a mile downstream. The logjams will add structure to the river and create places for fish to hide and rest, ultimately improving the channel itself. The $362,000 from the SRF Board will be supplemented with another $900,000 in grants.

This will be a second phase of a project I wrote about for the Kitsap Sun in 2010, followed by another story in 2011.

Other Mason County projects:

Beards Cove, $297,000: This project, outside of Belfair on Hood Canal, will remove fill, structures and invasive plants and restore the grade to the way it was before development in 1973. The project will restore about a quarter-mile of natural shoreline and seven acres of tidal marsh. Along with a separate seven-acre land-preservation agreement and other efforts, about 1.7 miles of Hood Canal shoreline will be preserved forever. Great Peninsula Conservancy will use a separate $491,000 grant from the state’s Estuary and Salmon Restoration Program.

Allyn Shoreline, $14,000: Mason Conservation District will complete final designs to enhance 480 feet of shoreline along Case Inlet in Allyn, including removal of about 120 feet of bulkhead.

Likes Creek, $85,000: South Puget Sound Salmon Enhancement Group will remove a culvert under the Simpson railroad that blocks salmon migration on Likes Creek, a major tributary of Goldsborough Creek. Another grant will provide $43,000 for the project, and Mason County will assist with removal of another culvert upstream.

Goldsborough Creek, $111,000: Capitol Land Trust will buy 420 acres on the North Fork of Goldsborough Creek near Shelton. The property provides habitat for endangered salmon and steelhead. The land trust will contribute $20,000 in donated land.

Oakland Bay, $24,000: Capitol Land Trust will use the money to remove invasive and dead vegetation and maintain 12 acres of shoreline plantings on Deer, Cranberry and Malaney creeks. About $5,000 in donations will be added.

Three projects were funded in Kitsap County:

Springbrook Creek, $62,000: Bainbridge Island Land Trust will assess the creek’s watershed and design five salmon-habitat projects for one of the island’s most productive streams. The land trust will contribute $11,000 in donations of labor.

Curley Creek, $33,000: Great Peninsula Conservancy will assess how to protect salmon habitat in Curley Creek in South Kitsap, one of the largest salmon and steelhead streams in the area. The conservancy will contribute $6,000 in donations of labor.

Steelhead assessment, $50,000: Kitsap County will analyze existing information on steelhead habitat in the East Kitsap region, south to the Tacoma Narrows Bridge, to help with a recovery plan for the threatened fish. The county will contribute $9,000.

Other notable projects include the following in King, Snohomish, Thurston and Whatcom counties:

Mill Creek, $327,000: The city of Kent will built a floodplain wetland off Mill Creek near the confluence with the Green River, an important stream for chinook salmon and steelhead as well as coho, chum and pink salmon and cutthroat trout. The project includes the construction of 1,000 feet of new off-channel habitat, where salmon can find refuge and food during floods, and 43 log structures. Work also will restore seven acres of native vegetation. A local grant will provide $1.4 million.

Stillaguamish River floodplain, $402,000: The Stillaguamish Tribe will purchase 200 acres on the North Fork and main stem of the river, remove invasive plants and restore about 25 acres of riverbank with native vegetation.

Black River wetland, $90,000: Capitol Land Trust Grant will buy 54 acres to conserve a rare wetland unique to the Black River and protect 1.3 miles of side channel. The property is adjacent to 75 acres already protected by the land trust in the Black River Sub-basin, one of the largest remaining wetland systems in Western Washington.

Nooksack River logjams: The Nooksack Tribe will receive $320,000 for logjams in the South Fork Nooksack and $283,000 for the North Fork Nooksack. Eight logjams in each stream will slow the river and provide resting pools for salmon. Federal grants will add $56,000 in the South Fork and $60,000 in the North Fork.

In announcing the $18 million in salmon-restoration grants statewide, Gov. Jay Inslee commented:

“Salmon are important to Washington because they support thousands of jobs in Washington — fishing, seafood-processing, boat sales and repair, tourism, and more. When we restore land and water for salmon, we also are helping our communities. We get less flooding, cleaner water and better beaches. We also make sure that our grandchildren will be able to catch a fish or enjoy watching the return of wild salmon.”

Funding for the grants comes from the sale of state bonds approved by the Legislature along with the Pacific Coastal Salmon Recovery Fund, approved by Congress and administered by the National Marine Fisheries Service.

David Trout, who chairs the SRF Board, said the restoration projects are a lifeline for salmon:

“Without these grants that fund incredible projects, we wouldn’t have any salmon. That’s unacceptable. We’ve seen these grants make a difference. They create jobs, support local communities and their involvement in salmon recovery, and most importantly the projects are helping bring back the fish.

“After more than a decade of work, we’ve seen that in many areas of the state, salmon populations are increasing or staying the same. At the same time, we still have some important areas where fish populations are continuing to decline. We can’t get discouraged and must continue working at this. It’s too important to stop now.”

Kitsap gun club withdraws from toxic cleanup program

Kitsap Rifle and Revolver Club has decided against undertaking a formal environmental cleanup of its property on Seabeck Highway — at least not any time soon, according to club officials.

The property is listed as a “hazardous site” by the Washington Department of Ecology, mostly because of lead and metals associated with shooting activities. The club had entered into the state’s Voluntary Cleanup Program — which puts a property owner in charge of the cleanup — but then withdrew from the program in late October.

Marcus Carter, executive officer for KRRC, told me that the club had been assured by state officials that if it entered the Volunteer Cleanup Program, it would not be placed on the state’s Hazardous Sites List.

“But they went ahead and ranked us anyway,” he said.

Map

I wrote about that ranking in the Kitsap Sun in January of 2013. The gun range was rated a “2” on a scale from 1 to 5, with “1” being the worst. I noted in the story that many sites ranked a “2” go without action for years. KRRC later disputed the ranking, saying available evidence should place it no higher than a “3.”

A letter written in October by Bruce Danielson (PDF 889 kb), attorney for the club, explained why KRRC was withdrawing from the program. He also noted, “Our voluntary participation has been an unacceptable drain on valuable resources that KRRC can no long afford to expend for no purpose.”

As an example of wasteful spending, Danielson cited a charge for a “fraudulent” phone call from the state Attorney General’s Office related to the site. The unwarranted billing was dropped, he noted, but only after significant effort by club officials.

Marcus Carter said he realizes that the shooting range could get stuck on the “Hazardous Sites List” for many years, similar to the situation with the Navy’s Camp Wesley Harris. The abandoned shooting range on Navy property also was ranked a “2.” Other than an initial cleanup, the Navy has taken no steps to get the property removed from the list. For a full list of hazardous sites, download the latest Hazardous Sites List (PDF 535 kb).

Marcus said the club initiated an extensive recycling program years ago to regularly remove lead and other contaminants from earthen berms that stop the bullets. The only contamination outside the range itself are small amounts of materials where shooting took place years ago, he said.

“Nothing is leaving our property,” Marcus insisted. “There have been no suggestions from DOE to make our operations more efficient or to do anything differently.”

As described in a Kitsap Sun story in April of 2012, the gun club has been following an approach generally accepted by the federal Environmental Protection Agency:

“The club has relied on using EPA’s ‘best management practices’ to avoid being deemed a hazardous waste site subject to cleanup. State law does not include such provisions, but Ecology endorses EPA’s suggested practices, which are outlined in a 1997 letter written by Jeff Hannapel in EPA’s Office of Solid Waste.”

I then quoted from the Hannapel’s letter:

“The agency has taken the position that the discharge of ammunition or lead shot does not constitute hazardous waste disposal, because the agency does not consider the rounds from the weapons to be ‘discarded.’ Furthermore, the lead shot has not been ‘discarded’ by virtue of its discharge at the shooting range, because the discharge is within the normal and expected use pattern of the manufactured product. Accordingly, lead shot would be considered scrap metal for regulatory purposes.”

Ecology officials admit that they don’t have enough money to force property owners to clean up the most-contaminated sites, let alone those lower on list.

For several years, the group CK Safe and Quiet, which includes residents living near the shooting range, has been urging Ecology to get the site cleaned up. The group has expressed concerns about contamination leaving the site and getting into nearby waterways.

In 2011, the organization filed a notice saying it would sue for cleanup under the federal Clean Water Act, which allows citizen-initiated lawsuits. I mentioned the claims in a Kitsap Sun article at the time.

The group never filed the federal case, pending legal action against the club by Kitsap County, which focused on land-use and noise issues. A ruling in the county’s case was recently handed down by the Washington State Court of Appeals. See Kitsap Sun story by reporter Josh Farley.

Some members of CK Safe and Quiet say they are now considering a renewal of their Clean Water Act claims. Ryan Vancil, an attorney who wrote the 2011 letter (PDF 134 kb), no longer represents the group, but members are consulting with a new lawyer.

Amusing Monday: Video shows transformation
of Seattle’s waterfront

I’ve always heard that downtown Seattle and its waterfront area were built on a massive amount of fill, but I never knew how massive until I viewed the video on this page.

According to the researchers involved, Seattle is “one of the most dramatically re-engineered cities in the United States.”

The video was completed two years ago, but I had not heard of it until I read a recent blog post by archeologist Peter Lape, researcher Amir Sheikh, and artist Don Fels, who together make up the Waterlines Project. The three have collaborated to study the history of Seattle by focusing on how the shorelines changed over time. As they state in the blog post for the Burke Museum:

“For more than ten years, we’ve worked as an informal group, known as the Waterlines Project, to examine Seattle’s past landscapes. Drawing from data gathered by geologists, archaeologists, historians and other storytellers, we are literally unearthing and imagining our collective pasts…

“What have we found? Among other things, Seattle is one of the most dramatically re-engineered cities in the United States. From the dozen or so settlers who founded it on Coast Salish land in 1851 to its current status as America’s fastest growing city, hardly a decade has gone by without its residents taking on some major ‘improvement’ projects affecting its shorelines.”

The maps and photos collected during the Waterlines Project will take you back to another time. Thanks to photographer Asahel Curtis, much of the history of our region has been preserved for us to see. Some of his notable photographs on the waterfront theme:

Stormwater: Can we stop the menace we created?

I’ve completed the seventh story package in a 10-part series examining the Puget Sound ecosystem, with a special focus on indicators of ecological health. We’re calling the project “Taking the Pulse of Puget Sound.”

Jenifer McIntyre of the Washington Stormwater Center studies the effects of stormwater after it passes through filters made of compost and soil materials, such as what is used in rain gardens. The filters are working, even though the most dangerous pollutants remain unidentified. Photo by Meegan M. Reid
Jenifer McIntyre of the Washington Stormwater Center studies the effects of stormwater after it passes through filters made of compost and soil materials, such as what is used in rain gardens. The filters are working, even though the most dangerous pollutants remain unidentified. / Kitsap Sun photo by Meegan M. Reid

The latest stories, which ran Sunday and Monday, addressed freshwater quality. The opening piece looked at the huge amounts of pollution coming into our streams via stormwater — one of the highest priorities for cleanup, yet one of the most difficult to deal with.

As the Puget Sound Partnership’s executive director Sheida Sahandy told me, industrial discharges are still a concern, but they are no longer the biggest problem.

“Now we’re dealing with stormwater, which is trickling in here and trickling in there, and everybody has a finger in it,” she said.

Solutions are many, and the goal should be to shut off pollution at the source, beginning with removing dangerous chemicals from everyday products. Since the sources of pollution are numerous, everyone needs to play a part — from cleaning up pet wastes to properly using of household chemicals to reducing the use of lawn and garden pesticides. (Those who don’t subscribe to the Kitsap Sun may still find value in the graphics on the Freshwater Quality page.)

I led off the first story by showing the increased efforts by city and county governments to better manage their stormwater systems, such as pumping out their catch basins, sweeping their streets and converting outdated stormwater ponds into filtration systems, commonly known as “rain gardens.”

I also introduced readers to the Washington Stormwater Center, a research facility in Puyallup where scientists are testing the effectiveness of rain gardens and pervious pavement. Jenifer McIntyre, a Washington State University researcher, has demonstrated that stormwater from highway runoff is 100 percent effective at killing adult coho salmon. Yet that same stormwater filtered through soil — such as in a rain garden — is cleaned up enough that fish can survive, apparently unaffected.

Monday’s story addressed the increasing use of benthic invertebrates — water bugs — to measure the health of streams. The bugs are doing double duty, since they are both a measurement of stream quality and a critical part of the food web for the freshwater ecosystem.

Some 27 local governments and organizations are involved in collecting data on benthic invertebrates from about 850 stream locations throughout Puget Sound. For results, check out Puget Sound Stream Benthos.

When I began this project on freshwater quality several weeks ago, I thought it was going to be easier than some of the other story packages I have done, such as on fish, birds and marine mammals. If anything, this issue is more complex. I’ll admit that I’ve neglected this blog while pursuing these issues, and soon I will be moving into the issue of freshwater quantity.

Overall, I must say that I’ve been impressed by the many people dedicated to finding answers to the mysterious problems brought on by pollution and by those finding solutions even before the questions are fully identified.

Streamlined name is simple: ‘Clean Water Kitsap’

I can’t begin to estimate the number of times I’ve typed “Kitsap County Surface and Stormwater Management Program” over the past 20 years in stories about pollution in Kitsap County and the need to clean up local waterways.

Kitsap County Commissioner Linda Streissguth, left, along with Commissioner Rob Gelder and water quality manager Mindy Fohn reveal the new name on a truck used to clean out storm drains. Photo courtesy of Kitsap County
Kitsap County Commissioner Linda Streissguth, left, along with Commissioner Rob Gelder and water-quality manager Mindy Fohn reveal the new name on a truck used to clean out storm drains. / Photo courtesy of Kitsap County

But my typing fingers are already offering thanks for a new, shorter name, which will no doubt save some ink as well.

We won’t be talking about the “swim program” anymore when trying to pronounce the abbreviation, SSWM. I hope we won’t need any abbreviation for the new name, which is “Clean Water Kitsap.”

“Clean Water Kitsap” nicely wraps up the goals and image of the long-running program with just three words. It’s a good name with an up-to-date style.

This is the program that collects stormwater fees from properties in unincorporated Kitsap County and uses the money to track down pollution, reduce stormwater and help people do the right thing. The spirit of the program is captured in a new video you can see on this page.

Four agencies receive portions of the stormwater money and coordinate their efforts to clean up our local waters. Here is a short summary of what they do:

Kitsap County Public Works (Stormwater Program): Maintenance of public stormwater systems, inspection of private systems, upgrades to regional systems, street sweeping, watershed monitoring and public education.

Kitsap Public Health District: Countywide monitoring of streams, lakes and bays; pollution identification and correction programs; pollution advisories; public-health investigations; and septic system education.

Kitsap Conservation District: Farm-management assistance and planning; rain garden and green infrastructure grants and assistance; and backyard habitat grants.

WSU Kitsap Extension: Training for stream stewards, beach watchers and rain garden professionals; and coordination of various volunteer projects.

I wrote about the newly approved name Clean Water Kitsap in November (Kitsap Sun, Nov. 29, 2013, subscription), when officials began planning on how they would roll out the new name and logo. Some people wanted to start using the name right away, but organizers kept a lid on it.

logo

As of today, the new name is official and will be used with a new logo. A new website is coming.

I wrote a brief story for tomorrow’s newspaper (Kitsap Sun, May 22), but I could not attend today’s dedication because of other reporting commitments.

From a news release from the county, we get these quotes:

Kitsap County Commissioner Linda Streissguth:
“It seems fitting that we are making this change in 2014, at the 20-year mark of this innovative and nationally-recognized program. It is built upon partnerships between agencies, volunteers and community groups.”

Kitsap County Commissioner Rob Gelder:
“Our community may not know what their stormwater fees pay for or think about stormwater management every day. But, Kitsap residents benefit every day – rain or shine.”

The site of the dedication was an overhauled stormwater pond north of Silverdale. The pond, with 2,000 young plants, will increase stormwater storage by 20 percent and provide habitat for birds and other wildlife.

Chris May, manager of the county’s Stormwater Program, speaking of the revamped pond :
“Thanks to the Public Works crews for transforming this ‘water prison’ to a water quality improvement project for Clear Creek and a community amenity. As we move to greener stormwater solutions, it’s facilities like this that will help restore our streams and Puget Sound.”

County Commissioner Rob Gelder joins the planting effort at a stormwater pond at Quail Hollow north of Silverdale. Photo courtesy of Kitsap County
County Commissioner Rob Gelder joins the planting effort at a stormwater pond at Quail Hollow north of Silverdale. / Photo courtesy of Kitsap County

EPA asserts protections under Clean Water Act

Connections among streams, wetlands, rivers and lakes are at the heart of a new rule proposed today to clarify the intent of the federal Clean Water Act and to spell out the authority of federal agencies.

Specifically, the rule proposed jointly by the U.S Environmental Protection Agency and Army Corps of Engineers calls for protecting most natural water features under the Clean Water Act. The rule embodies the notion that small tributaries and wetlands are likely connected to larger tributaries, rivers, wetlands and natural channels, even though they may not always appear connected.

The proposed rule is designed to reconcile scientific understanding of hydraulic connections with two U.S. Supreme Court rulings, which hold that federal jurisdiction applies only to permanent water features and their connecting waters. In the 2006 decision “Raponos v. United States” (PDF 535 kb), the court was highly critical of the Army Corps of Engineers for its effort to squeeze a wide variety of waterways under the definition of “waters of the United States”:

“In applying the definition to ‘ephemeral streams,’ ‘wet meadows,’ storm sewers and culverts, ‘directional sheet flow during storm events,’ drain tiles, man-made drainage ditches, and dry arroyos in the middle of the desert, the Corps has stretched the term ‘waters of the United States’ beyond parody. The plain language of the statute simply does not authorize this ‘land is waters’ approach to federal jurisdiction….

“In sum, on its only plausible interpretation, the phrase ‘the waters of the United States’ includes only those relatively permanent, standing or continuously flowing bodies of water ‘forming geographic features’ that are described in ordinary parlance as ‘streams, oceans, rivers [and] lakes.’ See ‘Webster’s Second.’ The phrase does not include channels through which water flows intermittently or ephemerally, or channels that periodically provide drainage for rainfall.”

The Supreme Court ruling has caused confusion, especially in situations where hydraulic connections were not obvious and could be questioned by property owners who wished to avoid federal regulators.

A scientific report was requisitioned by the EPA to fill the gap created by the court. Some findings from the report “Connectivity of Streams and Wetlands to Downstream Waters: A Review and Synthesis of the Scientific Evidence” (PDF 11.3 mb):

“All tributary streams, including perennial, intermittent, and ephemeral streams, are physically, chemically, and biologically connected to downstream rivers via channels and associated alluvial deposits where water and other materials are concentrated, mixed, transformed, and transported…

“Wetlands and open-waters in landscape settings that have bidirectional hydrologic exchanges with streams or rivers … are physically, chemically, and biologically connected with rivers via the export of channel-forming sediment and woody debris, temporary storage of local groundwater that supports base flow in rivers, and transport of stored organic matter.”

In the Puget Sound region, the connections among waterways are fairly obvious. In more arid states, however, the connections may occur only during rainy periods, if then.

In a press release, EPA Administrator Gina McCarthy said the proposed rule fits the Supreme Court’s narrower reading of the Clean Water Act while maintaining the historical coverage of the federal agencies:

“We are clarifying protection for the upstream waters that are absolutely vital to downstream communities. Clean water is essential to every single American, from families who rely on safe places to swim and healthy fish to eat, to farmers who need abundant and reliable sources of water to grow their crops, to hunters and fishermen who depend on healthy waters for recreation and their work, and to businesses that need a steady supply of water for operations.”


Jo-Ellen Darcy, assistant secretary of the Army for civil works, added:

“Today’s rulemaking will better protect our aquatic resources, by strengthening the consistency, predictability, and transparency of our jurisdictional determinations. The rule’s clarifications will result in a better public service nationwide.”

Specifically, the proposed rule clarifies that under the Clean Water Act:

  • Most seasonal and rain dependent streams are protected.

  • Wetlands near rivers and streams are protected.

  • Other types of waters with more uncertain connections to downstream water will be evaluated through a case specific analysis of whether the connection is or is not protecting similarly situated waters.
  • Agricultural exclusions are retained, and agencies have identified 53 conservation practices that will be considered exempt from Corps permits.

EPA’s webpage: Waters of the United States

Environmental groups were thrilled that the Obama administration stepped up to protect waterways where state laws are not as strong.

Stated Trip Van Noppen, president of Earthjustice:

“The EPA’s new Clean Water Act rule finally restores protections so that we can begin the hard work of cleaning up our waters for our children to swim in, fish in, and drink from.

“No doubt, polluters will rail and lobby against this rule and any other clean water safeguards that keep them from dumping their toxic waste in our communities and waters, or that hold them accountable for their pollution.”

“We cannot back down on protecting the waters that eventually flow through our faucets. Our children, our health, and our very drinking water are at stake. We urge the Obama administration to resist the polluter lobbies and quickly move forward in protecting our waterways and our families.”

Not everyone was thrilled with the new rule. Colorado Gov. John Hickenlooper and Nevada Gov. Brian Sandoval of the Western Governors Association wrote a letter to McCarthy and Darcy complaining that state officials have been left out of the conversation, despite state authority to regulate water use.

In a March 10 letter, Phillip Ward of the Western States Water Council urged agency officials to delay publication of the proposed rule until EPA’s connectivity report undergoes peer review:

“EPA has indicated that its draft connectivity report will serve to inform the final rule on CWA jurisdiction. However, the draft rule’s submission to the Office of Management and Budget (OMB) before the finalization of the connectivity report raises concerns that the final report will have little or no influence on the final rule….

“Additionally, many western states have submitted individual comments for the EPA’s Science Advisory Board (SAB) to consider in its review of the draft connectivity report. EPA should carefully evaluate the SAB’s consideration of these comments and any subsequent recommendations from the final report.”

Kevin Kelly, president of the National Association of Homebuilders said the promise of clarification has brought a greater regulatory burden:

“EPA was told to make changes to the rule so that everyone understands exactly when a builder needs a federal wetlands permit before turning the first shovel of dirt. Instead, EPA has added just about everything into its jurisdiction by expanding the definition of a ‘tributary’ — even ditches and manmade canals, or any other feature that a regulator determines to have a bed, bank and high-water mark.”

Comments from others in favor of the proposed rule:
Continue reading

Amusing Monday: Raise the river or move the ocean?

A feigned controversy involving Robert Redford and Will Ferrell is bringing some light-hearted attention to a serious effort to restore the Colorado River delta.

In a series of videos released last week, Redford reaches out for public help to restore the delta where the Colorado River once flowed into the Gulf of California. The new campaign, called “Raise the River,” is based on buying up old water rights and putting the water into the river.

“So please,” Redford says, “will you join me at ‘raisetheriver.org’ and find out how you can get involved?”

William Ferrell doesn’t buy idea, and he mocks Redford’s approach:

“We got ol’ Sundance ridin’ around, trying to raise the Colorado River and restore its flow,” Farrell says. “I say, ‘Do we really need more river?’ I mean, hell, we got plenty of ocean. Let’s move it… The way to fix this thing is to send money, so myself and some other scientists can begin the process of moving a small portion of the ocean back toward the wet part of the river.”

As you can see from the video on this page, Redford maintains his serious posture throughout the back-and-forth banter, while Farrell seemingly tries to provoke him.

I believe these videos fully qualify as an “Amusing Monday” post, but I can’t avoid touching on the more complete story, which goes beyond fun and games. As Jill Tidman, executive director of the Redford Center, stated in a news release:

“We saw this idea of a fictitious debate between Mr. Redford and Mr. Ferrell as a novel way to generate greater awareness of the very serious issues facing the Colorado River. Bringing a sense of humor to the effort opens the door for a much greater audience and offers everyone a chance to be part of winning this campaign—and this is one we are going to win.”

The media campaign, developed by the ad firm Butler, Shine, Stern & Partners of Sausalito, Calif., will roll out new videos with Redford and Ferrell through April. A related event is planned for television on March 22 — World Water Day — when “The History of Water” premieres on PIVOT TV. That’s channel 197 on Dish and 267 on Direct TV. PIVOT is not listed for the local cable outlets in Kitsap County.

Campaign supporters are excited about an event starting on March 23, when the United States and Mexico will release about 105,000 acre-feet of water into the Colorado River below the Morelos Dam on the U.S. Mexican border. An initial high flow for several days will be followed by a lower flow for nearly eight weeks.

Francisco Zamora Arroyo, director of the Colorado River Delta Legacy Program at Sonoran Institute, stated in a news release:

“The pulse flow is a vital part of our ongoing restoration efforts. We know that relatively small amounts of water can make a big difference in the health of the delta region.”

In a brochure, “Raise the River” (PDF 1.4 mb), organizers report that this flow, which is less than 1 percent of the river’s annual average flow, will begin to restore the wetland forests and marshes of the delta.

The goal is to raise $10 million to restore 2,300 acres by 2017. To restore an acre of delta, it takes about 8 acre-feet of water flowing in the river, according to the brochure, and it costs about $450 to buy an acre-foot from the holders of existing water rights. By conserving water, residents, farmers and other water users can maintain their activities while contributing to the restoration of this unique ecosystem.

Other sources of information:

Raise the River Facebook page

Save the Colorado

I’m just beginning to learn about this exciting project. Others with personal connections to the Colorado River should feel free to share their thoughts below.

Washington now has an official state oyster

Washington state now has an official state oyster, thanks to the lobbying efforts of 14-year-old Claire Thompson, who raised the prominence of the Olympia oyster as part as a school project. That’s assuming, of course, that the governor signs the bill.

I talked about Claire’s effort, along with Olympia oyster restoration projects, in a previous Water Ways post on Feb. 14.

The bill designating Ostrea lurida as the state oyster first passed the Senate Feb. 13 on a 47-1 vote. It was approved March 5 in the House, 94-4, after an amendment expanded the language of the bill to this:

“This native oyster species plays an important role in the history and culture that surrounds shellfish in Washington state and along the west coast of the United States. Some of the common and historic names used for this species are Native, Western, Shoalwater, and Olympia.”

The Senate then agreed to the amendment and passed the bill into law today, again on a 47-1 vote. Michael Baumgartner, a Republican from Spokane, was the only dissenting voice in the Senate.

Opponents in the House were Reps. Richard DeBolt, Chehalis; Brad Klippert, Kennewick; Jason Overstreet, Lynden; and Rep. Elizabeth Scott, Monroe. All are Republicans.

When Claire testified on the Senate bill in the House Government Operations and Elections Committee, she looked toward the future. When she testified on the earlier House version, she was looking to the past. You can hear her testimony in the viewer on this page, or at 56:40 on TVW.

Here’s what she said, in part, to the House committee:

“The last time I came to testify I talked about the history of this oyster. This time I would like to talk to you about what I hope is the future of this oyster…

“I am only 14 and most of my life still lies ahead. To make my future and the futures of all the kids who live around Puget Sound better, I would like you to not only pass this bill but get as many of these and other bivalves seeded and into the Puget Sound as quickly as possible. This is because these oysters filter the water and can help regulate harmful algal blooms, including the red tide. By keeping algae down, they increase the overall oxygen content for fish and crustaceans and all the other animals.

“In the large numbers that Puget Sound needs, these oysters can link together to build coral-reef-like structures that provide an ecosystem habitat of room and hiding for young sea animals and all the kelps and sea plants that we are losing… Oyster beds this thick keep sediments anchored and the entire Puget Sound in balance.”

Bulkhead removal called ‘a story of bravery’

“I think it’s a story of bravery and a story of love for this place,” says Martha Kongsgaard at the beginning of the video on this page.

Kongsgaard, chairwoman of the Leadership Council of the Puget Sound Partnership, is celebrating the removal of a massive bulkhead on Bainbridge Island. The removal, known as the Powel Shoreline Restoration Project, occurred in the fall of 2012. The outcome was to reconnect a saltwater marsh with the lower shoreline by removing 1,500 feet of man-made bulkhead from property owned by the Powel family.

In the midst of the excavation — which removed rocks, logs and huge chunks of concrete — Babe Kehres, a family member whose house overlooks the site commented, “I think it’s going to be beautiful when it’s done. For me, it’s about taking things back to the way nature wanted them to be.”

Reporter Tad Sooter covered the story for the Kitsap Sun (Aug. 30, 2012). It turned out that removing the bulkhead was less costly than repair — but not by a whole lot. Still, restoring the natural conditions provided tremendous ecological benefits without creating undue shoreline erosion.

The video, by Quest Northwest reporter Sarah Sanborn, shows the excavation in progress and explains why we should celebrate the project and the Powel family. But my favorite part is a slideshow on Sarah’s blog, which shows before and after photos of the shoreline. It is easy to imagine why fish, wildlife and other creatures would prefer the more natural condition.