Category Archives: Planning

Petition seeks to revoke Department of Ecology’s clean-water authority

Citing pollution problems in Puget Sound, an environmental group is asking the Environmental Protection Agency to revoke Washington state’s authority to enforce the federal Clean Water Act.

Northwest Environmental Advocates, based in Portland, says a review of 103 discharge permits issued by the Washington Department of Ecology shows a failure to control nitrogen pollution. Excess nitrogen reduces oxygen levels in the water and triggers algae blooms, resulting in serious problems in Puget Sound, according to a petition submitted to the EPA.

“Ecology determined that over 80 percent of the human sources of nitrogen in Puget Sound comes from cities and towns, but it continues to issue discharge permits as if it were completely ignorant of these facts,” Nina Bell, the group’s executive director, said in a news release.

“It’s just flat out illegal to issue permits that contribute to harmful pollution levels,” she added. “These permits are the walking dead, existing merely to create the impression that the state is doing its job to control water pollution when it is not.”

The 113-page petition filed by NWEA describes the problems that nitrogen can cause and the need to implement nitrogen-removal systems, especially in sewage-treatment plants that discharge into Puget Sound. EPA should either require Ecology to take action on nitrogen or remove Ecology’s authority to issue permits under the Clean Water Act, the petition says.

Asked to respond, Heather Bartlett, manager of Ecology’s Water Quality Program, offered this statement:

“Washington’s water quality permitting program is a role model in the nation. EPA and other states follow our lead when building their programs. We are surprised that Northwest Environmental Advocates has chosen to file this petition rather to appeal the permits they cite.”

In December, the environmental group filed a lawsuit against the EPA and the National Oceanic and Atmospheric Administration for continuing to fully fund the Department of Ecology at $5 million a year to control polluted runoff under the Clean Water Act and the Coastal Zone Act Reauthorization Amendments.

“In 1998, the federal agencies told Washington that it was failing to control pollution from farming and logging, dairy operations, urban runoff, on-site septic systems, pesticides . . . you name it,” said Bell in a December news release.

“There is no evidence that at any point in the last 18 years Washington has improved its control of polluted runoff,” she said. “Certainly Puget Sound is as polluted as ever. The passage of time demonstrates that the agencies’ decision to continue unlawful federal funding has not produced results.”

The lawsuit asserts that federal law requires that the EPA and NOAA withhold at least one-third of the federal funds from states that fail to obtain approval for their plans to control nonpoint source runoff, such as stormwater. Since 1998, the state has been on notice that its plan was not acceptable.

NWEA filed a similar lawsuit in Oregon in 2009 and settled out of court a year later, according to Bell. But the state’s proposed pollution plan was disapproved in 2015, and Oregon’s annual funding was subsequently cut by $1.2 million. For documents in the Oregon case, see NWEA’s document library.

The lawsuit challenging Ecology’s actions was filed in U.S. District Court in Seattle, where legal proceedings are moving forward.

Federal Action Plan for Puget Sound released as Trump enters office

Two days before Donald Trump became president, the Puget Sound Federal Task Force released a draft of the federal action plan for the recovery of Puget Sound.

Puget Sound from space // Image: NASA

The Trump transition raises uncertainty about the future of this plan, but at least the incoming administration has a document to work with, as described by Steve Kopecky of the White House Council on Environmental Quality. (See Water Ways, Dec. 22.)

Speaking last month before the Puget Sound Partnership’s Leadership Council, Kopecky acknowledged that the plan would go through many changes over time, with or without a new president.

“That being said, the first one is probably the most powerful,” he said. “It is the model that new folks are going to use, so we’re trying to make sure that we have a good solid foundation model before we all collectively go out the door.”

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Report: It’s time to shift the deadlines for Puget Sound restoration

Restoring Puget Sound to a healthy condition by the year 2020 is an unrealistic goal that needs to be addressed by the Puget Sound Partnership, according to the latest performance audit by the Joint Legislative Audit and Review Committee.

Structure

It’s a issue I’ve often asked about when talking to people both inside and outside the Puget Sound Partnership. What’s the plan? Are we just going to wait until the year 2020 and say, “Ah shucks; I guess we couldn’t reach the goal.”?

Puget Sound Partnership, the organization created by the Legislature to coordinate the restoration of Puget Sound, is on the right track in many ways, according to the preliminary audit report. But the Partnership needs to address several “structural issues” — including coming up with realistic goals for restoration.

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Stormwater projects in Silverdale offer hope for a degraded Clear Creek

Detailed planning and design, followed by thoughtful construction projects, have begun to tame the stormwater menace in Clear Creek, an important salmon stream that runs through Silverdale in Central Kitsap.

A renovated stormwater pond at Quail Hollow near Silverdale includes a walking trail and enhanced wildlife habitat. Photo: C. Dunagan
A renovated stormwater pond at Quail Hollow near Silverdale includes a walking trail and enhanced wildlife habitat. // Photo: C. Dunagan

Stormwater has been identified as the greatest pollution threat to Puget Sound. In Kitsap County, many folks believed that the dense development pattern in and around Silverdale has doomed Clear Creek to functioning as a large drainage ditch for runoff into Dyes Inlet.

But reducing stormwater pollution is not beyond the reach of human innovation, as I learned this week on a tour of new and planned stormwater facilities in the Clear Creek drainage area. The trick is to filter the stormwater by any means practical, according to Chris May, director of Kitsap County’s Stormwater Division and a key player in the multi-agency Clean Water Kitsap program.

Projects in and around Silverdale range from large regional ponds of several acres to small filtration devices fitted into confined spaces around homes and along roadways.

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Federal Action Plan coming together
for Puget Sound

A draft of a Federal Action Plan to protect and restore Puget Sound is scheduled for completion before Donald Trump takes office on Jan. 20, according to officials involved in developing the plan.

Colvos Passage from Anderson Point on the Kitsap Peninsula Photo: Lumpytrout, Wikimedia Commons
Colvos Passage from Anderson Point on the Kitsap Peninsula // Photo: Lumpytrout, Wikimedia Commons

The plan will help demonstrate that Washington state and nine federal agencies are aligned in their efforts to recover one of the most important waterways in the nation, according to leaders involved in a new Federal Puget Sound Task Force.

The task force was created in October by President Obama, who essentially elevated Puget Sound to a high-priority ecosystem, on par with Chesapeake Bay, the Florida Everglades and the Great Lakes, according to a news release from the White House.

A memorandum of understanding (MOU) signed among federal agencies replaces a less structured MOU that was scheduled to expire next year. The new agreement calls for a five-year action plan to be completed by June 1, but a draft should be ready by Jan. 18, according to Peter Murchie, who manages Puget Sound issues for the Environmental Protection Agency and chairs the task force.

“Part of the goal is to have something in front of the transition folks … that they can then shepherd through individual budget and prioritization processes that they’ll be doing with new leadership,” Murchie told the Puget Sound Partnership’s Leadership Council two weeks ago.

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Congress authorizes five restoration projects throughout Puget Sound

Five major Puget Sound projects have been given the provisional go-ahead by Congress in a massive public works bill signed yesterday by President Obama.

It seems like the needed federal authorization for a $20-million restoration effort in the Skokomish River watershed has been a long time coming. This project follows an extensive, many-years study of the watershed by the Army Corps of Engineers, which winnowed down a long list of possible projects to five. See Water Ways, April 28, 2016, for details.

In contrast, while the Puget Sound Nearshore Ecosystem Restoration Project (PSNRP) also involved an extensive and lengthy study, the final selection and submission to Congress of three nearshore projects came rather quickly. In fact, the Puget Sound package was a last-minute addition to the Water Resources Development Act, thanks to the efforts of U.S. Reps. Rick Larson, D-Lake Stevens, and Derek Kilmer, D-Gig Harbor, along with Sens. Patty Murray and Maria Cantwell.

The three PSNRP projects moving forward are:

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Kongsgaard departs Puget Sound Partnership; Manning assumes chair

Martha Kongsgaard, chairwoman of the Puget Sound Leadership Council, has always spoken with a voice of both reason and passion while guiding the Puget Sound Partnership in its efforts to restore Puget Sound to health.

Martha Kongsgaard
Martha Kongsgaard

Yesterday and today, Martha attended her final meeting as a member of the Leadership Council, the governing body of the Partnership charged with coordinating Puget Sound ecosystem recovery.

While listening to presentations on technical and financial issues, Martha always seems to quickly focus discussions on the key issues of recovery while asking how to help average people understand the complex problems.

As a reporter, I’ve enjoyed speaking with Martha, who not only answers my questions in a direct and revealing way but also indulges my curiosity. Our discussions often take tangents onto other interesting subjects, sometimes leading to new stories or old stories told in a new way.

Nobody doubts Martha’s love of Puget Sound, expressed by her willingness to spend countless unpaid hours working for a better future.

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Death of female orca with young son raises worries about the future

It has been hard to take the news that J-28, a 23-year-old female killer whale named Polaris, is now missing and presumed dead — even though I knew this news has been coming since August. It now appears likely that her 11-month-old son J-54, named Dipper, will not survive either.

On Oct. 2, J-28, named Polaris, was photographed with an indentation behind her blow hole, a condition known as “peanut head.” Polaris has now been confirmed as dead, and her son is probably dead as well, researchers say.
On Oct. 2, J-28, named Polaris, was photographed with an indentation behind her blow hole, a condition known as “peanut head” and related to malnutrition. Her 11-month-old son, shown with her, also was struggling to survive. Polaris has now been confirmed as dead, and researchers say her son is probably dead as well.
Photo: Ken Balcomb, Center for Whale Research

I sadly reported on Polaris’ “super-gaunt” condition in Water Ways (Aug. 24) after talking to Ken Balcomb of the Center for Whale Research. Until recently, various whale-watching folks, including CWR researchers, have reported that Polaris was still alive. She was generally seen moving slowly and in poor shape, but at times she seemed to have more energy, raising hopes that she might recover. But the last sighting of Polaris was Oct. 19 in the Strait of Juan de Fuca.

During a press conference Friday, Ken announced the death of Polaris, as he spoke out to raise awareness about the plight of Puget Sound orcas.

Ken said Dipper’s sister and aunt were attempting to care for the young orphan, but no other lactating females have moved in to provide milk, so he likely will die if he is not already dead.

Ken read a personally penned obituary for Polaris, noting that she was popular with whale watchers, in part because she was easily identified by a nick in her dorsal fin. She acquired the distinctive mark when she was nine years old.

At the press conference, Ken talked about the most concerning problem facing the orcas: a shortage of chinook salmon, their primary prey. The food shortage is exacerbated when the whales burn fats stored in their blubber, causing the release of toxic chemicals from their blubber into their bloodstream. Chemicals can affect the immune and reproductive systems, as well as other hormonal systems.

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Hood Canal awards honor local efforts to improve ecosystem

Mike Anderson, chairman of the Skokomish Watershed Action Team, and Thom Johnson, a leading expert in the recovery of Hood Canal summer chum salmon, have been named recipients of this year’s Hood Canal Environmental Awards.

Other recipients of the awards, which are sponsored by Hood Canal Coordinating Council, are Shore Friendly Mason and Shore Friendly Kitsap, two programs that actively enlist waterfront property owners in the protection and restoration of their shorelines.

Hood Canal // Photo: Dale Ireland
Hood Canal // Photo: Dale Ireland

I learned this afternoon that the awards ceremony on Nov. 4 will be dedicated to Rich Geiger, the longtime district engineer for Mason Conservation District. Rich, who died unexpectedly on Sept. 22, held the “technical vision” for the restoration of the Skokomish River watershed, according to Mike Anderson. (See Water Ways, Oct. 8.)

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Rich Geiger held the ‘restoration vision’ for Skokomish ecosystem

It is hard to imagine the restoration of the Skokomish River ecosystem without the involvement of Rich Geiger, a longtime engineer for Mason Conservation District. Rich had a way of explaining technical aspects of environmental restoration, and he was a tremendous help to me through the years.

Rich Geiger, engineer for Mason Conservation District, explains the dynamics of the Skokomish River in this 2009 file photo. Rich died Sept. 22. Photo: Kitsap Sun
Rich Geiger, engineer for Mason Conservation District who died Sept. 22, explains the dynamics of the Skokomish River in this 2009 file photo. // Photo: Kitsap Sun

Rich, who was 59 years old, died unexpectedly two weeks ago.

I got to know Rich in 2008 and 2009 while working on a series of stories about the Skokomish River. My research involved interviews with members of the Skokomish Tribe, farmers, loggers and longtime residents of the area. For the final story, I talked to Rich about what was wrong with the river and what needed to be done to reduce the flooding and restore the ecosystem. He taught me a lot about river dynamics.

The Skokomish, if you didn’t know, is the largest river in Hood Canal, and it exerts a great influence on the long, narrow waterway with its amazing diversity of habitat.

“Something has bothered me about this river for a long time,” Rich said, as quoted in my story for the Kitsap Sun. “I have been doing a great deal of reading about river systems and sediment transport,” he continued. “To boil it down, the sediment is too heavy to be moved by the depths we think are there in the Skokomish.”

Fast and deep water contains the force to move larger rocks, he told me. Somehow the river was able to move large gravel out of the mountains, but it never made it all the way to Hood Canal. Digging into the gravel bars, Rich found layers of fine sediment wedged between layers of larger rock — evidence that the energy of the river had changed suddenly at various times.

Rich collaborated with engineers from the U.S. Bureau of Reclamation, U.S. Geological Survey and Army Corps of Engineers. Eventually, they came to understand the river well enough to develop a plan for restoration. Throughout the process, Rich was willing to take time to help me understand every aspect of the restoration alternatives. I will always be grateful for his expertise and patience.

in January 2014, the plan was completed and accepted by ranking officials in the Army Corps of Engineers. I called Rich for his reaction to the important milestone.

“We are very glad to be at this point, because we are talking about a physical project moving forward and not just more planning,” he told me. “We asked the Corps to produce a single integrated restoration plan, and they did.” To review a brief summary of the plan, see Water Ways Jan. 26, 2014.

The final plan by the Army Corps of Engineers became incorporated into the Water Resources Development Act, including $19 million proposed for the Skokomish project. The bill was approved, first by the U.S. Senate and then by the House. A few details still need to be worked out, but after years and years of planning, the Skokomish project became virtually assured of funding just a week after Rich died.

Mike Anderson, chairman of the Skokomish Watershed Action Team, said Rich had always been the “brains of the collaborative.”

“Rich was the holder of the technical vision of the watershed restoration,” Mike noted. “He understood how all the different parts of the watershed — from the mountains down to the estuary and beyond — work together.

“When we started out, he acknowledged that he did not know what the answers would be for the valley. One of his great achievements was getting the GI (general investigation) completed and the … support for authorization. He felt rightly proud of completing that difficult study.”

U.S. Rep. Derek Kilmer introduced a statement into the Congressional Record (PDF 9.3 mb) on the last day the House was in session. It includes this observation:

“Mr. Speaker, Richard was not only an environmental advocate and steward, he was also a leader in the community. He excelled at fostering collaboration and consensus among diverse community stakeholders, including private landowners, businesses, Native American Tribes, and local, state, and federal agencies, to achieve common goals.”

Rich was born April 12, 1957, and graduated from Billings Senior High School. He attended Gonzaga University in Spokane, where he became an ROTC Cadet and earned a bachelor’s degree in civil engineering. After graduation, he served as a lieutenant in the Army’s 82nd Airborne Division and advanced to rank of major.

In 1994, he took a job with Mason County Public Works Department, where he held a variety of engineering positions. In 2001, he joined the Mason Conservation District as district engineer.

The family has suggested that memorials be made to the Brain and Behavior Research Foundation, a non-profit organization committed to alleviating the suffering caused by mental illness. The foundation awards grants aimed at making advances and breakthroughs in scientific research.