Category Archives: Wetlands

New protections planned for Devils Lake and Dabob Bay natural areas

In 1991, accompanied by botanist Jerry Gorsline, I visited Devils Lake for the first time. I remember being awestruck — in part by the beauty of the place but also because of the many unusual native plants that Jerry raved about. Not one invasive species had reached this place.

“Visiting Devils Lake,” I wrote, “is like stepping back in time, perhaps 200-300 years, to a period when civilization had not yet carried the seeds of foreign plants to the Pacific Northwest. At one end of the lake lies an enchanted world — a rare bog, where the sound of distant bubbles accompanies each footstep in the spongy moss.”

Proposed expansion of Devils Lake Natural Resources Conservation Area Map: DNR
Proposed expansion of Devils Lake Natural Resources Conservation Area // Map: DNR

Jerry worried that telling the story of Devils Lake would bring irresponsible people to the lake, people who could destroy the fragile ecosystem. But he also worried that not telling the story would lead to a massive clearcut on this state-owned land and that this wonderland would slip away. You can read this story online in Chapter 10 of the book “Hood Canal: Splendor at Risk” (PDF 5.2 mb).

Jerry and others were successful in limiting the logging, in part because of increasing environmental awareness and a new program called the Timber, Fish and Wildlife Agreement. In 2002, 80 acres containing the lake were permanently set aside as a natural resource conservation area.

Now Public Lands Commissioner Peter Goldmark wants to add another 415 acres to the NRCA before he leaves office. The added property, now held in trust for state school construction, would extend the protected habitat to the western shore of Quilcene Bay. To gain special protections, the land would need to go through a process to compensate the trust for the loss of land and timber values.

Proposed expansion of Dabob Bay Natural Resources Conservation Area. Map: DNR
Proposed expansion of Dabob Bay Natural Resources Conservation Area. // Map: DNR

Nearby, the 2,771-acre Dabob Bay natural area — which includes the highly valued natural area preserve and the surrounding NRCA — would increase by 3,640 acres under the expansion plan. About 940 acres is held by the state in trust status. Private lands, totaling 2,700 acres, could be purchased by the state but only from willing sellers.

Basic details are provided in a fact sheet from DNR (PDF 318 kb). Peter Bahls, executive director of Northwest Watershed Institute, wrote an article about the plan for Olympic Forest Coalition.

Two public meetings have been scheduled at Quilcene High School to discuss the plan:

  • Informational discussion: Wednesday, Sept. 28, from 6 to 8 p.m.
  • Public hearing for comments: Thursday, Oct. 13, from 6 to 8 p.m.
  • Written comments: Information available at the link above.

Information on the previous Dabob Bay NRCA expansion and request for related funding can be found in the DNR publication “Dabob Bay Coastal Conservation” (PDF 12.3 mb).

Upper Skokomish designated as ‘properly functioning’ watershed

More than 20 years of removing and reconstructing old logging roads in the Skokomish River watershed has finally paid off with measurable improvement to water quality and habitat, according to experts with Olympic National Forest where millions of dollars have been spent on restoration.

In a U.S. Forest Service project nicknamed “the Big Dig,” contract crews removed nearly 100 vertical feet of road in the South Fork of the Skokomish watershed to remove an eight-foot culvert. The work allowed a mountain stream to flow freely into the Skokomish River. Photo: Kitsap Sun, Steve Zugschwerdt.
In a U.S. Forest Service project nicknamed “the Big Dig,” contract crews removed nearly 100 vertical feet of road in the South Fork of the Skokomish watershed to remove an eight-foot culvert.
Photo: Kitsap Sun, Steve Zugschwerdt

The U.S. Forest Service this week declared that the upper South Fork of the Skokomish is now a “properly functioning” watershed, and the major road-restoration projects are complete.

After writing for years about horrendous problems with sediment washing out of the upper watershed, this news comes as a nice surprise. I’ve been hearing experts talk about water-quality improvements, but this new declaration is a major milestone in the restoration of the entire Skokomish River ecosystem.

“This is a proud and historic occasion for the Forest Service and our many partners who have worked very hard for over two decades to restore this once badly degraded watershed,” Reta Laford, supervisor for Olympic National Forest, said in a news release.

In 2010, the Forest Service classified the South Fork Skokomish as an “at-risk” watershed during a nationwide effort called the Watershed Condition Framework. Several other watersheds in Olympic National Forest also received this designation. See the map at the bottom of this page or download (PDF 5.3 mb) from the Forest Service website.

In 2012, Olympic National Forest designated the upper and middle South Fork Skokomish sub-watersheds as “priority watersheds.“ Forest Service officials pushed forward with action plans containing a list of restoration projects designed to put the watersheds on a path to ecological health.

For your review:

Completion of the key restoration projects in the upper South Fork allowed for the new designation as a “properly functioning” watershed. This marks the first time that any watershed in Olympic National Forest has been upgraded due to completion of all essential restoration projects. Watershed conditions and aquatic habitat will continue to improve as natural processes roll on.

Restoration in the South Fork actually began in the early 1990s, when the Forest Service acknowledged that the region was criss-crossed by a damaging network of logging roads. At nearly four miles of road for every four one square mile of forest, it was one of the densest tangles of roads in any national forest.

In 1994, the Forest Service designated the South Fork Skokomish as a “key watershed” in the Northwest Forest Plan, which called for major cutbacks in logging and received support from President Bill Clinton. Between the early 1990s and 2005, Olympic National Forest completed $10.6 million in restoration work, including $7.9 million for road decommissioning, road stabilization and drainage improvements.

In 2005, the Skokomish Watershed Action Team (SWAT) was formed among a coalition of more than 20 government agencies, environmental organizations and business groups with diverse interests. The SWAT developed a unified front for promoting restoration projects and seeking funds. Members agreed that the focus on roads should begin with the upstream segments, later moving downstream, while other work was coordinated on the estuary near Hood Canal. Much of the lower area was owned or acquired by the Skokomish Tribe, a critical partner in the SWAT.

Between 2006 and 2015, the Forest Service continued with $13.2 million in restoration projects in the South Fork, including $10.9 million on road problems. In all, 91 miles of roads were decommissioned, closed or converted to trails, and 85 miles of roads were stabilized or improved with new culverts and drainage features.

In 2008, I wrote about the problems and response of the SWAT in a Kitsap Sun story: “Taking (Out) the High Roads to Save the Skokomish.”

Much of the road restoration work was funded by Congress through the Forest Service’s Legacy Roads and Trails Program. Former U.S. Rep. Norm Dicks was instrumental in creating that program, and congressional support has continued under the leadership of Norm’s successor, U.S. Rep. Derek Kilmer, and U.S. Sens. Patty Murray and Maria Cantwell.

Key funding for restoration also has come from the Forest Stewardship program, which uses receipts from commercial timber thinning on forest lands. Other financial support — especially in the lower watershed — has come from the state’s Salmon Recovery Funding Board and the U.S. Environmental Protection Agency.

In 2009, I wrote a story for “Wilderness” magazine about how these programs were bringing “green jobs” to the region.

Meanwhile, the U.S. Army Corps of Engineers completed an in-depth study of the river’s ecosystem last year and is now seeking funding from Congress for a series of projects in the watershed. Check out Water Ways, April 28, 2016.

To celebrate this milestone for Olympic National Forest, the SWAT will recognize the work at its general meeting Friday at the Skokomish Grange Hall, 2202 W. Skokomish Valley Road. The meeting begins at 9 a.m., and the public is invited.

Map

Hope for Burley Creek rises with help from Army Corps of Engineers

Andy Nelson, who took over as Kitsap County’s public works director two years ago, quickly proved his worth to the local environment when he proposed federal funding for three major ecosystem-restoration efforts.

One project begins with a proposed $350,000 study of South Kitsap’s Burley Creek watershed — an important stream that probably has never received the attention it deserves. The other projects are in Silverdale and Hansville.

Burley Creek Photo: Kitsap County Public Works
Burley Creek // Photo: Kitsap County Public Works

I stumbled on Kitsap County’s proposal for Burley Creek buried within a U.S. Senate bill to authorize water-related projects across the country — the same bill that would authorize the $20-million Skokomish River ecosystem restoration in Mason County. (See Water Ways, April 28.)

How did a relatively small Kitsap project find its way into a massive public works bill? You could say it was because Andy was aware of a congressional effort to seek out local partnerships with the Army Corps of Engineers. That effort, which began in 2014, came about in part as response to the elimination of old-fashioned earmarks, by which members of Congress could promote their favorite local projects.

Andy came to Kitsap County after retiring from the Army Corps of Engineers, where he held the rank of colonel and was deputy commander for the South Pacific Division. That’s the Corps’ regional office for California and the other Southwest states. (See Kitsap County news release.)

“Kitsap County is a great place, and we chose to come here because of Puget Sound and the nearby mountains,” Andy told me. “With the amount of saltwater shorelines, I anticipated there would be ongoing Army Corps work taking place in Kitsap County.”

In fact, there were no projects in Kitsap County proposed in partnership with the Army Corps. The Corps had previously done studies on Harper Estuary in South Kitsap and on Carpenter Creek in North Kitsap, but funding was never available for the actual restoration work.

Andy put his head together with staffers in Kitsap County Public Works (his department) and the Department of Community Development. They came up with three projects to be submitted to the Corps for consideration. In the end — and to Andy’s great surprise — these three Kitsap projects were the only ones submitted from Washington state during the first year of the solicitation.

The Burley Creek project is one that Tim Beachy, an engineer for Kitsap County Public Works, had been considering in a more limited way.

“We were looking at the replacement of a barrier culvert on Bethel-Burley Road,” Tim told me. “It looked like a bridge upstream on Fenton Road could be impacted by the culvert replacement, and there was a private bridge upstream of that.”

Dan Wolfe of Kitsap County Public Works conducts an annual inspection of the Spruce Road Bridge over Burley Creek. Photo: KC Public Works
Dan Wolfe of Kitsap County Public Works conducts an annual inspection of the Spruce Road Bridge over Burley Creek.
Photo: Kitsap County Public Works

A barrier culvert is one identified as blocking or impeding the passage of salmon. Replacing a culvert can alter the grade of the stream channel, affecting bridges and culverts upstream and/or downstream and potentially leading to unanticipated consequences for salmon migration.

It turns out that Burley Creek contains spawning beds used by Puget Sound chinook and Puget Sound steelhead, both listed as threatened under the Endangered Species Act. It also contains important spawning and rearing habitat for other salmon species.

At Andy’s direction, a study was proposed to look at salmon passage at four bridges in close proximity on Burley Creek, to consider the effects of flooding and storm damage on the roads and bridges, and to propose further actions that might reduce pollution affecting shellfish downstream in Burley Lagoon.

County officials met with the Corps to discuss the idea. The Corps accepted it as a worthwhile project and proposed it for funding. Congress will have the final word on the study, which would be done by the Corps. If the project moves to construction, local and state funding — probably a 35 percent match — would be needed.

The Burley Creek study requires congressional authorization because it is somewhat unique and does not fit under the “continuing authority” that allows the Corps to investigate issues such as shoreline restoration, shoreline stabilization, ecosystem restoration or navigation, Andy told me. The Corps does not have authority to address water-quality projects per se.

The other two projects are still being evaluated, but they will not need congressional approval since they fall under existing authority of the Corps.

One would be a close look at Silverdale’s waterfront at the head of Dyes Inlet, including Clear Creek and the pocket estuary near Hop Jack’s and Silverdale Beach Hotel. The study would look at ways to restore ecological processes and biological diversity, including shorelines used by forage fish, salmon, resident and migratory waterfowl, and diverse species found in both freshwater and tidal marshes. The project would address stormwater alternatives and consider ways to improve passive recreation.

The last project — which was actually the first in a letter to the Corps — would involve the restoration of freshwater and saltwater marsh habitats in and around Point No Point County Park. The study would look at the longterm effects of sea-level rise, including flood control and potential damage to houses, roads, park facilities and the historic Point No Point Lighthouse. The project could create a more natural setting and enhance intertidal connectivity.

“Nothing prevents two or even all three of these projects from competing for funds and getting funded,” Andy said. “We may determine that the work is not for the Army Corps of Engineers, but we could still use the science and engineering that comes out of these studies. To get a Kitsap County creek in the (Water Resources Development Act) is a big deal.”

Amusing Monday: Alligators are uniquely odd and amazing

I don’t believe I’ve ever written about alligators, probably because they don’t live in the Northwest, and it’s not easy to find their amusing side. But American alligators are interesting, once you get to know them.

I’ve never noticed that alligators have two kinds of walks while traveling on land. Their ankles flex in a different way than most reptiles. There is a “high walk,” in which the alligator pushes itself up from the ground and moves quickly. This walk resembles that of four-legged mammals.

They also do the “low walk,” a sprawling locomotion in which their belly slides along the ground, though somewhat different from a salamander or lizard. Although they normally move slowly, some alligators can reach nearly 10 miles per hour in the high walk during short bursts.

Alligator on bicycle by American Apparel. Click for website.
Alligator on bicycle by American Apparel. Click for website.

Alligators are common in cartoons, both still and animated. Here I feature a music video with the theme song of a musical group based in Finland, Arnie Alligator and the Jungle Drum. Among the many alligator characters invented through the years is Wally Gator, a character by Hanna-Barbera that I remember from my childhood. All the Wally Gator cartoons can be seen on Kiss Cartoon.

Collectible Florida Gator mug.
Collectible Florida Gator mug.

In addition to cartoons, we find lots of alligators on T-shirts, coffee mugs and other items, especially among students at the University of Florida, where the mascot is the Gator.

A few alligator jokes:

Q: Why don’t alligators like fast food?
A: Because they can’t catch it!

Q: What do you get if you cross an alligator with a flower?
A: I don’t know, but I’m not going to smell it!

Q: What do you call an alligator in a vest?
A: An Investigator

Q: What do you call an alligator that sneaks up and bites you from behind?
A: A tail-gator.

Q: Why shouldn’t you taunt an alligator?
A: Because it might come back to bite you in the end.

Customer: “Do you have alligator shoes?”
Clerk: “Yes, sir. What size does your alligator wear?”

A man walked into a Florida bar with his alligator and asked the bartender: “Do you serve lawyers here?”
Bartender: “Sure.”
Man: “Good. One beer for me and a lawyer for my alligator.”

Q: Is it true an alligator won’t attack you if you are carrying a flashlight?
A: It depends on how fast you are carrying it.

Q: How do you tell the difference between a crocodile and an alligator?
A: You will see one later and one in a while.

Most of these jokes are from the website Jokes 4 Us, which probably picked them up from somewhere else.

More facts about alligators from Wired magazine:

  • Alligators continue to grow throughout their lifetime. Male American alligators average 8 to 10 feet long, females slightly smaller. Very old males can get up to 15 feet long.
  • Alligators are apex predators, eating fish, amphibians, reptiles, birds, and mammals. But they have also been found to have a vegetarian side. The can eat fruit directly from trees, including wild grapes, elderberries and citrus fruits.
  • The temperature at which an alligator’s eggs develop will determine whether the offspring are male or female. Temperatures above 93 degrees will result in males. Temperatures below 86 degrees will result in females. Temperatures in-between produce both sexes.
  • Alligators make a variety of sounds, although they have no vocal cords. By blowing out air, they produce calls for claiming territory, signaling distress, threatening competitors and finding mates. Besides such bellowing, they can growl, hiss and make a cough-like sound called a chumpf.

EPA clarifies federal jurisdiction over streams and wetlands of the U.S.

The Environmental Protection Agency has finally completed a new rule that defines which waterways across the country fall under federal jurisdiction for clean-water permits.

The new Clean Water Rule is designed to protect important tributaries. Kitsap Sun photo
The new Clean Water Rule is designed to protect important tributaries. // Kitsap Sun photo

Enforcement of the federal Clean Water Act has been stuck in a state of confusion since 2006, when the U.S. Supreme Court ruled that the Army Corps of Engineers was overreaching by requiring permits for all sorts of waterways beyond the agency’s jurisdiction. For background, check out my Water Ways post from March 25, 2014, in which I describe the court’s interpretation of “waters of the U.S.” — the key phrase in the law.

The EPA requisitioned a scientific report about hydraulic connectivity, concluding that even small streams can affect downstream waters. The final language in the rule, designed to reduce judgment calls by federal regulators, says tributaries would come under federal jurisdiction only if capable of delivering significant pollution downstream. Such tributaries would need to have flowing water or related features — such as a streambed, bank or high-water mark.

The rule has worried farmers, who want to make sure the federal government does not try to regulate ditches designed for irrigation and drainage. Language in the final rule says ditches will not be regulated unless they are shown to be a remnant of a natural stream that has been diverted or altered.

Jo-Ellen Darcy, assistant secretary for the Army, said the rule represents a “new era” for the Clean Water Act. As she stated in a news release:

“This rule responds to the public’s demand for greater clarity, consistency, and predictability when making jurisdictional determinations. The result will be better public service nationwide.”

EPA Administrator Gina McCarthy said the rule is grounded in science and law. For downstream waters to be clean, upstream waters also must be clean, she said.

McCarthy said the language was revised significantly since the first proposal, taking into account more than a million public comments and discussions in 400 meetings across the country. As she told reporters in a telephone conference call:

“I think you will see that we have made substantial changes that basically made this rule clearer, crisper and did the job we were supposed to do. And I’m very proud of the work we have done here.”

McCarthy also told the reporters that climate change increases the importance of protecting water resources:

“Impacts from climate change — like more intense droughts, storms, fires and floods, not to mention sea-level rise — affect our water supplies. But healthy streams and wetlands can help protect communities by trapping flood waters, retaining moisture during drought, recharging groundwater supplies, filtering pollution and providing habitat for fish and wildlife.”

The new rule was applauded by many environmental groups, including the Sierra Club. Michael Brune, executive director, issued a statement:

“No longer will the Supreme Court’s confusing decisions on the issue allow dirty fossil fuel companies to threaten people’s health by dumping toxins into our lakes, rivers, and streams.”

Still, plenty of people contend that the EPA and Army Corps have contrived this new rule to continue their over-reach into streams that should be beyond federal jurisdiction. House Speaker John Boehner, R- Ohio, issued this statement in response to the EPA’s release of the new rule, sometimes called “WOTUS” for “waters of the U.S.”

“The administration’s decree to unilaterally expand federal authority is a raw and tyrannical power grab that will crush jobs. House members of both parties have joined more than 30 governors and government leaders to reject EPA’s disastrous WOTUS rule. These leaders know firsthand that the rule is being shoved down the throats of hardworking people with no input and places landowners, small businesses, farmers and manufacturers on the road to a regulatory and economic hell.”

The House has already passed a bill, HB 1732, that would put the brakes on implementation of the new rule and send the EPA back to the drawing board for new language. As you could expect, the vote was mostly along party lines. If the Senate approves the bill, it is likely to be vetoed by the president.

The new rule is scheduled to go into effect 60 days from its publication in the Federal Register. For more details, visit the EPA’s website “Clean Water Rule.”

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.

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.

New video describes quest to restore Skokomish

In an impressive new video, members of the Skokomish Watershed Action Team tell the story of the Skokomish River, its history and its people, and the ongoing effort to restore the watershed to a more natural condition.

The video describes restoration projects — from the estuary, where tide channels were reformed, to the Olympic Mountains, where old logging roads were decommissioned to reduce sediment loading that clogs the river channel.

“I thought it was really well done,” SWAT Chairman Mike Anderson told me. “Some people have remarked about how well edited it is in terms of having different voices come together to tell the story in a single story line.”

The 14-minute video was produced with a $20,000 grant from the Laird Norton Family Foundation, which helped get the SWAT off the ground a decade ago, when a facilitator was hired to pull the group together.

The foundation’s Watershed Stewardship Program invests in community-based restoration, said Katie Briggs, the foundation’s managing director. In addition to the Hood Canal region, the foundation is supporting projects in the Upper Deschutes and Rogue rivers in Oregon.

As Katie explained in an email:

“LNFF has been interested in the collaborative work in the Skokomish for a number of years, and we have been consistently impressed with the way an admittedly strange group of bedfellows has pulled together, set priorities, and moved a restoration agenda forward in the watershed.

“We think their story is compelling, and by being able to share that story in a concise, visual way, they could not only attract more attention to the work they are doing in the Skokomish, but also potentially influence and share with other communities grappling with similar kinds of challenges.

“By helping SWAT tell their story, we’ve also gained a tool through which we are better able to share what it is we care about with the larger Laird Norton family and others interested in the foundation’s approach to watershed stewardship.”

The video project was overseen by Tiffany Royal of the Northwest Indian Fisheries Commission and a subcommittee of SWAT members. North 40 Productions was chosen to pull together the story, shoot new video and compile historical footage.

“It captures a lot of the collaboration and restoration,” Anderson said, “but it doesn’t cover everything. It leaves out most of the General Investigation and the Cushman settlement.”

The General Investigation is how the Army Corps of Engineers refers to the studies I wrote about Sunday in the Kitsap Sun (subscription) and in Water Ways. The Cushman settlement involves an environmental mitigation project on the North Fork of the Skokomish funded by the city of Tacoma and related to relicensing of the Cushman Dam power project.

Alex Gouley of the Skokomish Tribe said he hopes that the video will help tell the story of the Skokomish watershed, as with other tribal efforts such as watershed tours, educational workshops and classroom field trips.

Alex said he and other tribal members appreciate all the work done by each member of the SWAT, from Forest Service employees to the county commissioners, from Green Diamond Resource Company (formerly Simpson Timber) to small property owners in the valley.

“By coming together, everyone is able to make more informed decisions about the projects they are working on,” he said.