Watching Our Water Ways

Hood Canal has lost one of the region’s original environmentalists.

Andy Rogers

Andy Rogers, who died two weeks ago at age 94, might be surprised that I would call him an environmentalist — and he probably wouldn’t like it.

But when it comes to nature, few people could match Andy’s love for Hood Canal. He worked as a trapper, logger and fisherman and often talked about the bounty once found in Hood Canal but now lost to the advance of our civilized society.

Andy would never deny someone the right to move to the Hood Canal region, to build a house, to enjoy the water and woods. But he understood better than most about what development has done to the natural world.

“Every time anybody moves here, it gets worse — and that includes me,” he once told me. “You can’t do anything about it. People have rights. It seems our rights are going to kill us in the country.”

If Andy were alive this week, he’d be one of the first I would call to ask about whether humpback whales — like the one observed on Friday — ever showed up in Hood Canal. (See yesterday’s Water Ways.) Other longtime residents I contacted could not remember seeing humpbacks anytime in the past.

I once asked Andy about resident killer whales — the ones that eat fish. The National Marine Fisheries Service was about to designate “critical habitat” for our endangered orcas, and the agency was not listing Hood Canal as a critical place for them to live.

Andy thought back and remembered watching killer whales when he was younger — and even hearing them breach before he could see them. “We called them ‘blackfish’ in those days,” he said.

I relied on Andy Rogers to put Hood Canal into historical perspective for me while writing a series of articles called “Hood Canal: Splendor at Risk,” a project that grew into a book by the same name.

Much of the Hood Canal region was logged before Andy was born, but he lived to see many second-growth harvests and some areas that grew into harvestable trees for a third time. As a child, Hood Canal was a wilder place.

“When I was 10 or 11 years old,” he said, “I saw a sign that said, ‘No trespassing.’ I went and asked my mother what that was, because I had never seen that before. People went where they wanted to go.”

Some wild animals have been displaced by logging, but the changes were not permanent. Rogers told me that humans remain in control and can decide whether to tolerate cougars, wolves and bears. In days gone by, he said, the answer was simply to kill them on sight.

“Man’s the only one of the species who can control how many there are going to be,” he said.

Andy recalled when salmon were plentiful and arrived on a regular schedule.

“I knew the salmon would start up the creek about the 20th of August,” he told me. “Pert’ near all these stream were full of salmon by Labor Day.”

I think the loss of the salmon saddened him. He once suggested that all fishing be stopped for four years — something that seemed out of character for Andy, a fisherman. But the result, he said, would be an abundance of salmon. People would be able to see the possibilities and learn how to manage salmon for the larger numbers that were possible.

Andy lamented the loss of steelhead. He told me that he remembers when they were thick in all Kitsap County streams. At the time, I wasn’t sure I believed that, because steelhead are so scarce today. You generally go to coastal rivers to find them. But later, after steehead were listed as a threatened species, state biologists told me there was no apparent reason for steelhead not to survive here — except for the fact that there are no fish left to breed.

Rogers said it was poaching that wiped them out. He remembers a man who ran a black market for the prized fish, and this “outlaw” foolishly netted the streams until all the steelhead were gone.

Andy supported reasonable efforts to protect wildlife habitat, “but you cannot shut the door and keep people out,” he insisted.

I concluded my profile of Andy with a comment he made: “Id sure like to stick around and see what this place is like in 50 years.”

If that were only possible, I’m sure many people — including Andy’s coffee and card friends at Seabeck Store — wouldn’t mind listening to his stories a little longer.

At Andy’s request, no services are planned. A military honor ceremony was held today with his family in attendance. Andy Rogers was an Army veteran of World War II.

Survivors include his children, Albert Rogers, Jo Ann Belis, Barbara Smith and Charles Rogers, along with many grandchildren and great-grandchildren.

Jo Ann told me that she wanted to offer a special thanks to members of the Seabeck Community who had supported Andy through the years. His family placed an obituary in the Kitsap Sun on Jan. 25.

Andy Rogers offered many memories of Hood Canal through the years. This photo, taken in 1991 on Stavis Bay near his home, appeared in the book Hood Canal Splendor at Risk.

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Flood control is no longer a primary objective of federal restoration work on the Skokomish River — but improving the ecosystem is likely to reduce flood problems for people who live in the valley.

The Skokomish Watershed Action Team (SWAT) surveys an area where the Skokomish River has wiped out all vegetation and left a massive gravel bar.
Photo by Steve Zugschwerdt

We don’t need to be reminded that the Skokomish is the most frequently flooded river in the state. Although I’m not sure how soon another river might take over that dubious distinction, it’s easy to see that a lot of time and money is being spent to get the river back to a more natural condition.

The Army Corps of Engineers, known for massive projects such as dikes, dams and dredging, won’t be adopting those sorts of projects for the Skokomish River.

Jessie Winkler, Skokomish project manager for the Army Corps of Engineers, explained it this way:

“Clearly, flooding is a problem in the basin. But because of limited residential and commercial activity, it would be very difficult to justify a flood-control project. In order to be justified as a federal project, the economic benefits must be greater than the cost.”

For further explanation, check out my story in Monday’s Kitsap Sun.

The good news is that the Corps has not turned its back on the Skokomish. In fact, the river is considered so important to the Hood Canal region that the agency is considering some large-scale projects focused on environmental restoration — including possibly relocating Skokomish Valley Road.

Other interesting ideas include creating sediment traps to capture gravel in selective locations, relocating existing dikes to create a wider river channel, forming new side channels to relieve flow on the main river and even aeration pumps to boost oxygen levels in Hood Canal.

Many of the projects designed for ecological improvement will also reduce the flooding problems.

A report, scheduled to be released in late spring or early summer, summarizes all information collected so far in the $4.7 million study of the Skokomish River watershed. The report will cover current ecological conditions, future ecological conditions without restoration and a list of potential restoration projects — including preliminary design, estimated costs and ecological benefits, Winkler told me.

Potential projects are only conceptual at this point, though experts have begun to look at locations along the river where different types of efforts may be fruitful. Further study will narrow the list of to a plan to be submitted to Congress for funding.

The upcoming report will begin to explore which of the following actions are most likely to succeed in specific locations:

• Remove or breach levees/dikes
• Construct setback levees/dikes
• Create salmon spawning habitat
• Reconnect wetlands, side channels, backwater areas, and tributaries
• Substrate modification
• Install aeration or oxygenation system in Annas Bay
• Reconnect dendritic channels in estuary
• Large woody debris
• Engineered Log Jams
• Fish passable weir
• Channel stabilization
• Riverbed and wetland vehicle exclusion
• Enhance vegetation – riparian & estuarine
• Control invasive species
• Channel rehabilitation or new channel creation
• Selective gravel removal on gravel bars
• Spot-dredge
• Sediment trap
• Culverts: a) add; b) remove; c) replace; d) upgrade
• Road modifications
• Rehabilitate bank lines
• Cool water diversion to Annas Bay

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Work is progressing rapidly around the edges of the Kitsap Forest & Bay Project — an effort to protect a 7,000-acre mosaic of lowland forest, shorelines and wetlands in North Kitsap.

Pope Resources lands for sale Click to enlarge

The ecological values of the undeveloped landscape is becoming known among government officials and the public. So far, nobody has jumped in with millions of dollars to buy the land for conservation. But, as the year comes to a close, there are plenty of reasons for optimism among supporters.

When I consider what it will take to make this project happen, I keep thinking of a jigsaw puzzle. I realize the puzzle metaphor is overworked, but let’s stay with it. A good way to begin picture puzzles is by first lining up all the edges and later filling in the middle. To me, that is what is happening with the Kitsap Forest & Bay Project.

First, Forterra — formerly Cascade Land Conservancy — has embraced the project, bringing to the table extensive experience in acquiring lands for conservation purposes. When an option to buy the land from Pope Resources was announced, Forterra president Gene Duvernoy stated, “This is probably the most important project we can accomplish to save Puget Sound.” See Kitsap Sun, Oct. 17.

Another major step came recently when the Puget Sound Partnership released a draft of its Puget Sound Action Agenda. The Action Agenda is designed to recognize the most important preservation and restoration actions that can be taken in the next two years. Although the actions have not yet been lined up in priority, the Kitsap Forest & Bay Project was called out as a high-priority action. Read the story with links in Kitsap Sun, Dec. 21.

Something similar happened in the first Action Agenda in 2008, when the Partnership called for the acquisition and restoration of lands in the Nisqually River delta. The value was so highly considered that some action areas agreed to delay their own projects to move Nisqually to fruition. Perhaps something like that will happen for the North Kitsap lands. Check out the video “The Nisqually Estuary Returns.”

KUOW reporter Ashley Ahearn visited the North Kitsap property and produced a radio piece that outlines the value of the 7,000 acres and discusses the potential acquisition. She did a nice job, as you can see on Earthfix.

Michelle Connor, executive vice president of Forterra, said Ashley’s story will help spread the word about the project throughout the state and beyond.

“This is something that the Kitsap community has known for a long time,” Michelle told me. “Now other people are catching up with us. There is nothing comparable in the Puget Sound region.”

Further bolstering the project is an upcoming study that will examine the ecological values of the 7,000 acres, including nearly two miles of undeveloped shoreline.

A grant of $270,000 will be used to characterize ecosystem values across the landscape and determine which areas are best suited for preservation, forestry and possibly development. A portion of the grant will be used to decide whether revenues can be generated from timber harvest without upsetting the ecological integrity of the region.

The $270,000 study was part of some $6.3 million provided by the EPA’s National Estuary Program for 23 grants earmarked for protecting and restoring Puget Sound watersheds. See Kitsap Sun, Dec. 23.

Acquisition funding for the Kitsap Forest & Bay Project will depend on a variety of public grants and private donations, each with their own requirements. At the same time, the 7,000 acres under discussion contains a variety of small ecosystems that could qualify for one or more restoration and preservation grants.

The 7,000-acre jigsaw puzzle is rather formidable and almost overwhelming, but Michelle Connor is undaunted. Her optimism is infectious. Few people know as much about public conservation grants and philanthropic efforts, and Michelle has an army of people behind her.

The clear strategy moving forward is to assemble this massive puzzle — with all its shapes and colors — one piece at a time.

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The Washington King Tide Initiative is entering its third year, and state officials would like people to shoot photographs of flooded roads, yards and buildings — if such events occur.

In 2010, the high tide at the mouth of Gorst Creek comes close to reaching Toys Topless at the head of Sinclair Inlet in Gorst.
Photo by Meegan M. Reid, Kitsap Sun

High tides are expected to continue for the next few days and return to high levels again in mid-January. Whether flooding occurs at any one place depends on rainfall, winds and atmospheric pressure, as well as tidal levels dictated by the position of the moon and sun. (See NOAA Ocean Service Education.)

Not much flooding occurred during king tides last year, but plenty of photographs were collected in early 2010. That’s when the picture on this page was taken in Gorst between Bremerton and Port Orchard. For additional photos, check out the Flickr page or the video slide show put together by the Washington Department of Ecology.

Taking note of these high tides is one way to gauge how climate change may affect shoreline areas. Over the next 100 years, sea level is expected to rise by at least 2.6 feet, according to the U.S. Fish and Wildlife Service, although previous estimates by the Intergovernmental Panel on Climate Change were in the range of 7 inches to 2 feet.

The King Tide Initiative started in Australia in 2009, according to Ecology’s website on King Tides, but it soon became a project for the West Coast of North America, with Washington and British Columbia joining in 2010 and Oregon and California joining in 2011.

Visit Flickr pages for British Columbia, Oregon and California, which includes regional pages for San Francisco Bay, Santa Monica and San Diego.

For a list of high tides, go to Ecology’s King Tide Schedule page and click on the map. More precise information can be found on NOAA’s page of tide predictions, where you can zoom in to your area of interest.

For past King Tide events, check out my Water Ways entries for Jan. 21, 2011 and Feb. 1, 2010.

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It is interesting to contemplate how the new National Shellfish Initiative, announced in June, and the Washington Shellfish Initiative, announced last week, could change things in Puget Sound.

Newton Morgan of the Kitsap County Health District collects a dye packet from Lofall Creek in December of 2010. This kind of legwork may be the key to tracking down pollution in Puget Sound.
Kitsap Sun photo by Meegan Reid

As I described in a story I wrote for last Saturday’s Kitsap Sun, the principal goals are these:

• Rebuild native Olympia oyster and pinto abalone populations.
• Increase access to public tidelands for recreational shellfish harvesting.
• Research ways to increase commercial shellfish production without harming the environment.
• Improve permitting at county, state and federal levels.
• Evaluate how well filter-feeding clams and oysters can reduce nitrogen pollution, with possible incentives for private shellfish cultivation.

To read more about the initiatives, check out:

• Washington Shellfish Initiative,
  
• A White paper on the state’s initiative (PDF 176 kb),
  
• National Marine Aquaculture Initiative
  
• National Aquaculture Policy (PDF 64 kb)
  
• National Shellfish Initiative
  

One of the most encouraging things is an attempt to expand Kitsap County’s Pollution Identification and Correction (PIC) Program to other counties, with increased funding for cleaning up the waters. Check out the story I wrote for last Friday’s Kitsap Sun, in which I describe the search-and-destroy mission against bacterial pollution.

As most Water Ways readers know, I’ve been following the ongoing monitoring and cleanup effort by the Kitsap County Health District for years with the help of Keith Grellner, Stuart Whitford, Shawn Ultican and many others in the district’s water quality program. In fact, just two weeks ago, I discussed what could be a turnaround for a chronic pollution problem in Lofall Creek, a problem that has taken much perseverance to resolve. (See Kitsap Sun, Dec. 2.) Unfortunately, the story is far from over.

I’ve talked about the importance of old-fashioned legwork in tracking down pollution, and I’ve suggested that other local governments use some of their stormwater fees or implement such fees for monitoring of their local waters. See Water Ways, June 30, for example.

Water free of fecal pollution has benefits for humans and other aquatic creatures. Thankfully, Washington State Department of Health’s shellfish program is careful about checking areas for signs of sewage before certifying them as safe for shellfish harvesting. Maybe the new shellfish initiative will allow the state to open beds that have been closed for years. That’s what happened in Yukon Harbor, where more than 900 acres of shellfish beds were reopened in 2008. (See Kitsap Sun, Sept. 25, 2008).

Certifying areas as safe for shellfish harvesting means that waterfront property owners are safe to enjoy the bounty of their own beaches. It also offers an opportunity for commercial growers to make money and contribute to the state’s economy.

Of course, this does not mean that intensive shellfish-growing operations ought to be expanded to every clean corner of Puget Sound, any more than large-scale crop farming or timber harvesting should be allowed to take over the entire landscape.

Some environmentalists have expressed concern that the Washington Shellfish Initiative could become a boondoggle for commercial shellfish growers. Laura Hendricks of the Sierra Club’s Marine Ecosystem Campaign sent me an e-mail noting these concerns about the expansion of aquaculture:

“Washington State has more native species listed as endangered than any other state in the USA. We see no mention of the adverse impacts in this initiative on nearshore habitat, birds and juvenile salmon.

“Governor Gregoire and the various speakers failed to mention that ALL of the pending shoreline aquaculture applications they want to ‘streamline’ are for industrial geoduck aquaculture, not oysters. Red tape is not what is delaying these applications…

“Shellfish industry lobbyists who pushed for this expansion are silent on the following three serious threats to our fisheries resources, forage fish, birds and salmon:

“1. Shellfish consume fisheries resources (zooplankton — fish/crab eggs and larvae) according to peer reviewed studies. A DNR study documented that forage fish eggs did not just stay buried high on the beach, but were found in the nearshore water column. Continuing to allow expansion of unnatural high densities of filtering shellfish in the intertidal “nursery,” puts our fisheries resources at risk.

“2. The shellfish growers place tons of plastics into Puget Sound in order to expand aquaculture where it does not naturally grow…

3. Mussel rafts are documented to reduce dissolved oxygen essential for fish and are known in Totten Inlet to be covered in invasive tunicates with beggiatoa bacteria found underneath…”

Ashley Ahearn of KUOW interviewed Laura Hendricks, and you can hear her report on EarthFix.

In her e-mail, Laura recommended the video at right. She also pointed to a blog entry by Alf Hanna of Olympic Peninsula Environmental News. Hanna suggests that environmental advocates who go along with commercial aquaculture may become the oysters that get eaten in Lewis Carroll’s poem “The Walrus and the Carpenter.”

Have intensive shellfish farms in Puget Sound gone too far in their efforts to exploit the natural resources of our beaches? Can shellfish farmers make money without undue damage to the environment? Which practices are acceptable, which ones should be banned, and which areas are appropriate for different types of aquaculture?

It would have been nice if these answers were known long ago, and in some cases they are. But at least this new shellfish initiative recognizes that more research is needed to answer many remaining questions. Research is under way in Washington state on geoduck farming, which involves planting oyster seed in plastic tubes embedded into the beach. Review “Effects of Geoduck Aquaculture on the Environment: A Synthesis of Current Knowledge” (PDF 712 kb) or visit Washington Sea Grant.

Other research in our region is needed as well, although it is clear that environmental trade-offs will be part of the deal whenever commercial interests cross paths with natural systems. For a discussion about this issue, check out the executive summary of the NOAA-funded publication Shellfish Aquaculture and the Environment (PDF 4.2 mb), edited by Sandra E. Shumway.

Needless to say, we’ll be keeping an eye on this process for years to come.

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It’s the water, or maybe it’s just the nasty stuff that’s in the water.

A new series of studies by federal researchers is delving into the question of which pollutants in urban streams are killing coho salmon.

David Baldwin of Northwest Fisheries Science Center mixes a chemical soup of pollutants found in urban stormwater. Coho salmon will be kept in the brown bath for 24 hours to measure the effects.
Photo by Tiffany Royal, Northwest Indian Fisheries Commission

As I describe in a story in today’s Kitsap Sun, the new studies involve coho returning to the Suquamish Tribe’s Grovers Creek Hatchery in North Kitsap.

Of course, pollutants in streams are just one factor affecting salmon in the Puget Sound region, where development continues to alter streamflows and reduce vegetation, despite efforts to protect and restore habitat. But pollution may play a role that has gone largely unnoticed in some streams.

The new studies continue an investigation that began more than a decade ago with the involvement of numerous agencies. By now, most of us have heard about the effects of copper on salmon, but the latest round of studies will look at the collection of pollutants found in stormwater to see how they work together. It may be possible to pinpoint the chemical concentrations that result in critical physiological changes in salmon.

The latest work involves a team led by David Baldwin of NOAA Fisheries and Steve Damm of the U.S. Fish and Wildlife Service. The Suquamish Tribe is providing the fish, along with facilities and support.

For information on the ongoing effort to understand how toxic chemicals affect salmon, review these pages on the website of the Northwest Fisheries Science Center:

Acute die-offs of adult coho salmon 
returning to spawn in restored urban streams

The impacts of dissolved copper on olfactory 
function in juvenile coho salmon

Mechanosensory impacts of non-point source pollutants in fish

Cardiovascular defects in fish embryos exposed 
to polycyclic aromatic hydrocarbons

A page called “Coho Pre-spawn Mortality in Urban Streams” presents a series of videos that show the advance of an apparent neurological disease that first causes disorientation in coho salmon and then death. The video is taken in Seattle’s Longfellow Creek, an urban stream.

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Salmon-watching season may be somewhat shortened this year, but recent rains have encouraged large numbers of fish to swim into streams on the Kitsap Peninsula and probably elsewhere in Puget Sound.

A coho salmon tries to leap into an outlet from the salmon-rearing ponds at Otto Jarstad Park in Gorst last week.
Kitsap Sun photo by Meegan M. Reid

It appears that coho and chum salmon were hanging out in saltwater waiting for adequate rains, which arrived last week. I covered the issue fairly extensively in a story in Friday’s Kitsap Sun.

Normally, the peak of the chum salmon run occurs around Thanksgiving on the east side of the Kitsap Peninsula. Jon Oleyar, a biologist with the Suquamish Tribe, tells me that the salmon run is probably now on the decline, with dead and dying fish beginning to be seen today in larger numbers.

For most of this week (at least after tomorrow night), the rains will probably hold off for awhile. Check out the forecast from the National Weather Service. Drier weather could help the streams run clearer.

Salmon-watchers on the Kitsap Peninsula have seen a decline in coho in recent years, and biologists say it is probably because streamflows have become more “flashy.” More roads and other impervious surfaces carry water to the streams faster and allow for less infiltration. Losing infiltration means lower summer flows, which are important for coho, because coho remain in freshwater the first summer of their lives.

Anyway, this year we’re seeing more coho in the local streams. Jon tells me they are mainly hatchery fish, probably strays from the Suquamish Tribe’s net pens in Agate Passage. Those fish were meant to improve fishing for both tribal and sport fishers, but some got away. Whether the coho hatchery strays are beneficial or harmful to the wild runs remains a subject of debate.

Some of the best salmon-viewing spots are shown on an interactive map that Angela Hiatt and I made four years ago. See Kitsap Salmon runs. If anyone knows of other good spots with public access, please share them in the comments section.

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U.S. Rep. Norm Dicks and U.S. Sen. Patty Murray have announced their support for a plan that would add 130,000 acres of land to wilderness areas in Olympic National Forest, designate 23 rivers as “wild and scenic” and open the door to adding 20,000 acres to Olympic National Park.

This map shows areas proposed for public wilderness, park and river designations. / Click on image for full map (PDF 10.6 mb).

As I describe in a story in today’s Kitsap Sun, the proposal is based on a plan put forth by a coalition of 10 conservation groups called Wild Olympics.

Connie Gallant, chairwoman of Wild Olympics, told me that the group has been working with stakeholder and community groups to consolidate support on the Olympic Peninsula. Quoting Gallant’s statement on the website:

“Over the past two years, Wild Olympics has been reaching out to Peninsula communities to build support from diverse local voices, listen to concerns and get feedback on our draft proposal. More than 4,500 Peninsula residents have signed our petition, and nearly 200 Peninsula businesses, farms, faith leaders, hunting and fishing groups, elected officials, conservation and civic groups support Wild Olympics.”

It is not obvious that wilderness is a true water issue — the focus of this blog — but Bill Taylor, vice president of Taylor Shellfish Farms, is fairly convincing:

“The two largest shellfish hatcheries that supply seed to the West Coast industry are located on Hood Canal. Well over 150 jobs are provided in Hood Canal alone by the industry, not including the indirect jobs such as processing, sales and shipping. By protecting Olympic Peninsula forest and river watersheds, we ensure clean and safe water so that shellfish companies can continue to grow and further benefit the economy and ecology of Washington state.”

The above is one testimonial on the Wild Olympics website, which also includes statements by Bremerton’s Mike Hank of Veterans Conservation Corps, Mayor Michelle Sandoval of Port Townsend, Sequim author Tim McNulty of Olympic Park Associates, Hoodsport’s Ron Gold of RG Forestry Consultants, Aberdeen’s Roy Nott of Paneltech and Gardiner’s Dave Bailey of Greywolf Fly Fishing Club and Trout Unlimited.

Wild Olympics was started by Olympic Park Associates, Olympic Forest Coalition, Olympic Peninsula Audubon Society and North Olympic Group – Sierra Club. Added later were Washington Wilderness Coalition, The Mountaineers, Pew Environment Group, Sierra Club, American Rivers and American Whitewater.

To counteract the work of the Wild Olympics Campaign, Dan Boeholt of Aberdeen founded Working Wild Olympics, because he does not believe wilderness designations will be helpful.

“We’re arguing that if you put these lands into wilderness, it will restrict public access,” Boeholt told me. “There are miles and miles of roads that would be affected.”

Dicks and Murray say they will propose specific legislation after listening to the public. These meetings have been scheduled:

Port Townsend: Dec. 1, 5 to 7 p.m., Chapel Building, Fort Worden State Park Conference Center.

Shelton: Dec. 2, 5 to 7 p.m., Shelton Civic Center, 525 W. Cota Street.

Port Angeles: Dec. 3, 3 to 5 p.m., Museum at the Carnegie, 207 S. Lincoln St.

Hoquiam: Dec. 4, 3 to 5 p.m., Central Elementary School Library, 310 Simpson Ave.

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Shoreline buffers are us, no doubt about it.

As one case involving Kitsap County’s shorelines waits on appeal to the U.S. Supreme Court, a whole new issue has sprung out of a state law written to resolve confusion created during the earlier lawsuit.

Until Kitsap County adopts a new shorelines plan next year, conflicts between the Shorelines Management Act and the Growth Management Act could go on. After that, expect a new round of appeals.

The latest issue arises out of a little-known provision of a state law passed in 2010. The overall intent of the law was to allow a local Critical Areas Ordinance to provide shoreline protections until a new shorelines plan is drafted. For background, see Water Ways from Jan. 6 of this year.

There is an exception in the law, however, listed in Subsection 3(c) of RCW 36.70A.480, which allows for “redevelopment or modification” of a structure as long as it is consistent with the local shoreline master program and it is shown that “no net loss of ecological function” would result.

Sure enough, a Kitsap County property owner who wants to tear down a house and build a new one closer to the shore was able to make use of that special provision.

Kitsap County Hearing Examiner Kimberly Allen, who approved the redevelopment, said her ruling “rests on a complex and very fact-specific set of interactions” between three different laws. For details, check out my story published in today’s Kitsap Sun or read the hearing examiner’s decision (PDF 1.3 mb) for yourself.

The case on appeal to the U.S. Supreme Court, Kitsap Alliance of Property Owners v. Central Puget Sound Growth Management Hearings Board, raises questions about whether large, uniform buffers violate the “takings clause” of the Fifth Amendment. KAPO contends that Kitsap County requires property owners to dedicate “large tracts of private land to public use as environmental conservation buffers” without a clear showing that such buffers protect the environment.

The case has yet to be accepted by the Supreme Court, but one can get a good understanding of the arguments by reading the petition for writ of certiorari (PDF 152 kb), posted on the website of the Pacific Legal Foundation, which is representing KAPO.

Meanwhile, the task force working to update Kitsap’s shorelines plan has reconvened, taking up buffers and other controversial issues, after a hiatus through most of the summer and fall. For the latest on those deliberations, see stories I wrote for the Kitsap Sun Nov. 7 and 13:

Shoreline task force to tackle thorny issues

Shoreline buffers move to front burner

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Five years of studies and analysis have helped refine our understanding about the toxic pollution getting into the streams of Puget Sound and eventually into the open marine waters.

The latest study on toxic chemicals (PDF 3.1 mb) Click on image to download

The final report in the series was released yesterday, prompting a story I wrote for today’s Kitsap Sun.

When accounting for all the pollution, it’s not surprising to learn that the sources of toxic chemicals are so diverse that it is difficult to figure out where everything is coming from. But we do know that if chemicals are picked up in stormwater, they are likely to make their way into freshwater, where they pose short-term or long-term risks to aquatic organisms.

The solutions are common sense, if one can be assured of the sources of harmful chemicals:

1. Remove materials from the environment if they are found to release toxic pollution. This can involve a legal ban on certain products or else educating people to select less toxic alternatives.
2. Reduce the amount of stormwater that flows into streams by infiltrating rainwater into the ground before it leaves the site. This “low-impact development” can include permeable pavement, rain gardens and even natural forests where a thick organic carpet has been retained.
3. Clean sediment out of storm drains and sweep up the dust on city streets and other areas where toxic chemicals are likely to reside in metallic form or be bound to soil particles. Safely dispose of these materials. When the rains arrive, there won’t be much left to wash into streams.

While all this sounds simple enough, the issue gets complicated when trying to decide which products to ban and when to recommend that people voluntarily stop using certain items. Alternative products may cost more, which tends to raise questions among users. Also, manufacturers and retailers are not likely to give up selling profitable products without a fight.

Further complicating the situation is the scientific uncertainty surrounding the alleged harm when someone declares a product not good for the environment. Such uncertainty inevitably sparks scientific, economic and policy debate about whether the proposed action is justified.

For example, the Washington Legislature approved a ban on automobile brake pads containing certain levels of copper. Brake pads are believed to release enough copper to harm salmon in some urban streams. But the metallic form of copper found in brake pads is not toxic until it is converted to an ionic form. How much gets converted in the environment is still a question. For details, see a story I wrote for the Kitsap Sun in March of 2010.

As for the latest study released yesterday, some additional focused research and debate may be needed before further actions can be taken.

For example, questions are raised about the total amount of toxic metals leached from roofing materials, including common asphalt shingles. Copper, cadmium, lead and zinc are listed as contaminants along with diethylhexyl phthalate (DEHP).

As suggested by the report, direct studies of roofs in the Puget Sound region could help determine the potential harm of various roofing materials and suggest whether bans or advisories are appropriate.

The amount of polycyclic aromatic hydrocarbons (PAHs) coming from creosote-treated wood was something of a surprise in the report. If anything, the findings tend to support the ongoing effort by the Department of Natural Resources, which has been removing creosote pilings from shorelines. Further studies might help to focus removal efforts in areas most sensitive to creosote compounds.

The latest report, which includes discussions about the uncertainties, is called “Assessment of Selected Toxic Chemicals in the Puget Sound Basin, 2007-2011.” You may also wish to review all the toxics work to date on Ecology’s webpage called “Control of Toxic Chemicals in Puget Sound.”

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