Dan Haller to Present on Water Right Mitigation at Seattle Law Seminar on November 6

Aspect’s Dan Haller will speak on a panel to discuss water rights mitigation at the 8th Annual Water Rights Transfers Seminar in Seattle.

Mitigation—i.e., offsetting impacts from a new water right by either trading water (in kind mitigation) or providing habitat improvement or investment (out of kind mitigation)—is THE topic in Washington water circles because of the Washington State Supreme Court’s recent Foster vs. Ecology decision. This groundbreaking ruling overturned Ecology’s permit approval, thus cancelling the City of Yelm’s water right permit. This timely panel discussion will discuss recent case law and what it means for future water right permitting strategy.

Learn more or register for the conference HERE.

Duwamish Alive!

Last Saturday morning, a small fleet of kayaks gathered on the shore at Seattle’s Terminal 107 Park, slipped into the Duwamish River, and spread out in search of garbage. Aspect’s Mark Bruce and Steve Germiat were aboard two of them as part of the Duwamish Alive! biannual restoration and cleanup event.

Mark, Steve, and other volunteers plucked 286 pounds of litter and debris from the river itself. A total of over 400 volunteers on land at other sites along the river cleared blackberry, knotweed, nightshade, and other invasive weeds from 18,870 square feet of restoration area and planted 40 plants, including 12 trees.

The cleanup was led by the Duwamish Alive Coalition, a collaboration between local nonprofits, municipalities, and businesses within the Duwamish River Watershed that work to preserve and enhance its ecological health. This was the 10th anniversary of the Duwamish Alive! restoration events. Aspect staff have participated since 2012.

We’re Gonna Need a Bigger Port

The Port of Tacoma is preparing to berth some of the biggest ships in the world. Container ships are quickly outgrowing the U.S. ports that serve them – a trend that shows no sign of slowing down. These enormous container ships enable liners, shippers, and cargo owners to ship more goods at a lower unit cost. The newest of these ultra-large container ships carry more than 18,000 TEUs (20-foot equivalent unit containers), significantly exceeding Panamax dimensions (i.e., the largest ones that can pass through the Panama Canal, about 4,000 TEUs in 1985 and about 12,500 TEUs planned in 2015). These ultra-large container ships currently serve only the Asia-Europe trade routes, and exceed the capacity of U.S. ports. The average size ship calling on U.S. ports is still below 6,000 TEUs, but California ports have begun berthing 12,000 to 14,000 TEU ships. The increasing size of these ships puts pressure on ports to remodel, and fast, or else lose business to a competing port. Ports need to modify their channels and piers to accommodate these behemoths and upgrade their infrastructure to quickly unload, stage, and transport these containers to the hinterlands. See the trend in Vessel size over time in the graphic below. 

Source: Sisson, M. (2013). “Impact and Opportunities from Global Change.” Presented at AAPA Facilities Engineering Seminar on November 6, 2013

The Port of Tacoma is redeveloping the Husky Terminal to allow the simultaneous berthing of two 18,000 TEU ultra-large container ships, which are about 1,300 feet long and 205 feet wide. This project involves the reconfiguration and construction of Pier 4 to align with Pier 3, creating a 2,954 feet long pier that can accommodate up to six 100-foot cranes capable of loading ships that are 24 containers wide. The project enables the Port of Tacoma to be one the first U.S. ports capable of berthing these ultra-large container ships, allowing the port to remain an economic engine for the Pacific Northwest.

Although a natural deep water port, this project involves the dredging of approximately 500,000 cubic yards of sediment, including about 45,000 cubic yards of tributyltin (TBT) contaminated sediment that will be dredged during Phase I of the project. TBT is a marine biocide that was commonly used in ship paint to kill mollusks, but is now globally banned. Aspect engineers Alan Noell and Tom Atkins worked with lead-engineering firm KPFF to evaluate TBT treatment technologies and to design a water treatment system capable of treating millions of gallons of TBT-contaminated dredge return water. Phase I of the project is currently underway with scheduled completion by April 2016, and soon after, the Port will move towards completing Phase II and begin berthing these ultra-large container ships. 

Forecasting the Current and Future Need of Water

This month’s issue of Irrigation Leader Magazine features an article on the Office of Columbia River’s 2016 Long-term Water Supply and Demand Forecast. Aspect staff are working with Washington State University, University of Utah, and Washington State Department of Ecology to produce this next Forecast report that will improve understanding of the current and future need of water through 2035.  With the forecasts information Ecology can continue to develop water supplies by strategically funding water projects in Eastern Washington.  READ THE ARTICLE HERE.

Tim Flynn Sits on Scientific Risk Management Panel at the 24th Annual Water Law in Washington Conference

In late July 2015, the Washington Water Law Conference brought together water law practitioners, water users, and other experts to discuss current issues in Washington State’s water law. Aspect president and principal hydrogeologist Tim Flynn participated in a joint panel presentation on “Science vs. the Precautionary Principle: In what areas can more study lead to different decision making?” The presentations explored the technical and regulatory policy implications of reduced data collection and basic science in a resource constrained era on water right decisions.  The precautionary principal was illustrated through case studies of established instream flow rules and the challenges associated with limited stream flow data particularly in snow-pack driven watersheds such as the Methow River Basin.  Topics covered by other panelists included integrated water resource management issues and Ecology’s water right decision framework.

Groundbreaking Yelm Water Right Decision Signals Fundamental Shift in How Water Rights Will Get Approved

In a decision that has wide-ranging consequences for water right projects throughout the state, the Washington Supreme Court (Court) cancelled the city of Yelm’s (Yelm) water right permit. In reversing the Washington State Department of Ecology’s (Ecology) approval of the Yelm’s permit, the Court ruled that Ecology had erroneously used the Overriding Consideration of the Public Interest (OCPI) determination and violated existing instream flows. Ecology had conditioned approval on an “out-of-kind” mitigation package—featuring retiring existing water rights, habitat protection, and stream restoration—to offset the water use from the permit.

The Court’s decision was not unanimous, with three of the nine justices believing that the law supported affirmation of Ecology’s decision.  The dissenting opinion did not find that there was support for a “temporary” criteria for OCPI determinations. The dissenting opinion also saw significant differences between the facts in the Foster vs. Ecology decision (Yelm) and the precedent-setting 2013 Swinomish Indian Tribal Community vs. Ecology decision (Swinomish) — where the Yelm decision focused on permit-based OCPI and net environmental benefit, the Swinomish decision focused on rule-based OCPI and net environmental harm. Lastly, the dissenting opinion held that this ruling effectively changed the OCPI standard from a high bar to an unattainable standard.

OCPI and Out-of-Kind Mitigation Strategies in Jeopardy

Ecology uses OCPI as a tool to approve water right permits when water availability is limited, but it believes the public benefits of approval outweigh any impacts on stream flows.  The key to the Court’s analysis was a finding that the term “withdrawal” in the OCPI statute implied a temporary use of water, while an “appropriation” implied a permanent use of water.   The Court held that the OCPI exception allowed only temporary impairment of instream flows and that municipal water needs do not rise to the level of extraordinary circumstances required to apply the OCPI exception, no matter how much mitigation is added to the project.  

Means Water “Re-Timing” Becomes a Go-to Permitting Strategy

The Yelm decision implies a fundamental re-thinking on how water-short basins can access water. The implication of this ruling, coupled with the Court’s earlier ruling in the Swinomish case, is that no permanent water right will be able to rely on anything other than water-for-water mitigation, in-time and in-place, and no amount of mitigation can offset even de minimis (one molecule) impacts to adopted instream flows.  By taking out-of-kind mitigation off the table, even if it addresses the limiting factors to salmon recovery in a particular basin, likely means a return to a focus on small storage, “pump-and-dumps”, and other water re-timing strategies as the only means of gaining project approval.  

Welcome to Water Year 2016!

While the hydrologic cycle pays no heed to dates, hydrologists mark the start of the water year (WY) on October 1. The United States Geological Survey designates the start of the water year on this date, as it is typically in the lowest flow period of the year in the US, thus making things relatively quiet hydrologically.

WY 2015 is a good one to saying goodbye to in the Puget Sound region. A warm but normal precipitation winter resulted in incredibly low snowpack, followed by a long dry summer. Here’s the year-end water supply summary from Seattle Public Utilities. Check out the flat snowpack in the figure below and 4 months of almost no rain.

Please join us in giving a cold, wet and hopefully soon snowy welcome to WY 2016. Let’s give three cheers for WY 2016 being predicted to be NOT AS BAD as WY 2015!

And may the Pacific Decadal Oscillation and El Nino/Southern Oscillation (PDO/ENSO) cycle be ever in your favor!

Aspect in the DJC: Weighing Ecology’s New Cleanup Guidance for Petroleum Sites

In a guest article in the Daily Journal of Commerce, Aspect’s Steve Germiat weighs in on the vision and the reality of the Washington State Department of Ecology’s new “model remedies” guidance for cleaning up petroleum-contaminated sites. This guidance proposes a kind of “pre-approved” shortcut to site cleanup. Steve goes into both the vision and the reality of this new (to Washington State) cleanup concept and its implications for site owners and developers. 

READ IT HERE.

Walking and Talking the Seawall


One way Aspect encourages cross-pollination of ideas across the company is our monthly firm-wide “Technical Exchanges”. One part deep-dive into the technical challenges that face our clients and one part team-building opportunity, these meetings give us a chance to gather and talk shop with colleagues. September’s exchange was led by Principal Geotechnical Engineer Henry Haselton, who covered the history, design, and current status of the Seattle Seawall replacement project. Prior to his position at Aspect, Henry served as the deputy Project Manager during the planning and preliminary design stages of the Seawall from 2009 to 2013. 

As the largest infrastructure project in Seattle’s history, this massive undertaking is striving to protect the “front porch” of Seattle. Henry’s presentation covered both the history of the original Seawall and the design and ongoing construction of the current one.

The original seawall was built between 1916 and 1934, mostly supported by wooden piles. This timber was all that stood between the waterfront and Puget Sound. As the years progressed, it was in increasing need of repair as sinkholes, tidal influences, waves, and marine foes like gribbles taking millions of tiny bites out of the wood took their toll. The 2001 Nisqually earthquake caused the adjacent Alaskan Way Viaduct to settle and increase pressure on the already stressed wall, thus spurring the City of Seattle to make seawall replacement a priority.

The new Seawall has a complex mix of pieces and players to coordinate: design and construction of a brand new earthquake-resistant seawall; navigating around a complicated lattice of preexisting in-water structures—including around 30,000 wood pilings—and utilities; enhancing marine habitat and environmental quality; and addressing public safety. They had to do this atop one of the busiest waterfronts in the country while managing and minimizing impact to tourism, businesses, roadways and bike/pedestrian passages—and taking into account concerns from a vocal roster of affected parties.

After Henry’s presentation, he took the Aspect crew on a walking tour to see the ongoing work. Here are a few of the project’s innovations we saw in action. 

Jet Grouting

Jet grouting is currently happening between Marion Street and Yesler Way, including the section in front of the ferry terminal. Jet grouting can effectively improve ground around obstructions like utilities, sewer outfalls, and the some 30,000 piles that are still in place from previous waterfront structures. 

Freeze Walls

Freeze walls minimize the groundwater entering the construction area by literally freezing the soil. They require a large amount of refrigeration—hence the frost that gathers around the pipes. 

Fish-Friendly Corridor

This corridor will one day be traveled by fish making their way through Elliott Bay. Young salmonids thrive in shallow waters with minimal light contrasts. The corridor will direct them into these friendlier waters separate from the deeper, darker Elliott Bay. Bumps and grooves on the inside wall are conducive to algae growth, so the fish can stop and snack during their trip. The small “speed bump” in the middle of the picture above accommodates the University Street Combined Sewer Outfall. 

Light Penetrating Surfaces

Closer to the Seattle Aquarium, the new seawall is in place and the sidewalks are already in use. These little windows in the waterfront promenade will allow sunlight to reach the young salmonids and other marine life in the fish corridor below. 

Learn more about the project's background, current status, and next steps at Waterfront Seattle. 

Dan Haller to Speak at the October 2015 Osoyoos Lake Water Science Forum

Aspect’s Dan Haller will join other water experts on a panel to talk about British Columbia versus Washington water supply and management. The Forum will focus attention on sustaining the ecological health of Osoyoos Lake, along with the related well-being of the Okanagan Basin on both sides of the border. Learn more about the Water Science Forum HERE.

Field Data Collection Goes Mobile

It’s already difficult to imagine doing it any other way.

At Aspect, we collect data. Lots and lots of data. We collect notes, measurements, GPS coordinates, photos, field observations, asset inventories, and on and on. All of the information we collect is almost always tied to some sort of spot on the earth: a well, a catch basin, a stream gage, a geotechnical boring. All the projects and people and paper and files and handwriting – it’s a lot to manage. Doing things the “old-fashioned way” means compiling and collating paper forms, JPEGs, and data files. It means entering notes from the field into a computer back in the office. It means playing a game of “telephone” with our data. It means time (and money!) for our clients.

Enter: Fulcrum.

We’ve installed Fulcrum software on mobile phones and a stable of tablets to help manage, organize, and execute our large, complex sampling and field data collection efforts. It enables us to create interactive, spatially-aware forms that help expedite projects and contribute to accurate, clean, and professional work-products. We’re ensuring that the data we collect is consistent and that photos, coordinates, and information we gather stays connected. As simple as that sounds, it means incredible gains for our projects and measurable benefits for our clients.

Here are a few of the features that we love:

  • At the click of a button, in real-time, field data can be downloaded in the office – enabling office staff to develop maps and analyze data as it is being collected.
  • Data can be downloaded in many file formats to support the specific needs of an individual project (Excel, CSV, GIS Shapefiles, Google Earth KML, etc.).
  • Data requirements and dropdown menus can be established for any or all fields on the form – ensuring consistent, site-specific information is collected.
  • Forms can be built to evolve as data is entered – improving the usability for field staff.
  • Data can be checked and validated on-the-fly – giving field teams real-time feedback and guidance on the collected data.
  • Calculations are built-in and automatic – which saves time and prevents calculation error.
  • Photos, videos, and audio can be collected as a part of each form – intrinsically linking those files with the locations which they document.
  • Locations and any known data can be pre-loaded to the forms – which means field staff can figure out where they need to go and what they need to know in one place.

With Fulcrum, since mobile field data collection is finally flexible and feature-rich, easy to deploy, and easy to use, we’re recommending it for use in many of our new and existing projects.

See how it looks in the gallery below. 

Aspect on the Radio

Geologic Issues for Developers and Homeowners

Dave McCormack, Aspect’s Senior Associate Engineering Geologist, was a recent guest on Alternative Talk 1150AM KKNW’s Condo & HOA Buzz. Hosts Duncan Kirk and Marshall Johnson quizzed Dave on the role an engineering geologist plays in building construction, development, and assessment to advise design teams on the best method for construction. They explored a number of geologic issues that can cause hassles for condo and Homeowner Association (HOA) dwellers—like eroding slopes, cracked foundations, seeping stormwater, and, of course, earthquakes—and how they can be addressed.

Listen to the full show in the Condo & HOA Buzz archives (select the August 5, 2015 show, the interview starts at the 5 minute 30 seconds mark).

 

 

Powering the New South Lake Union Substation

Laying the Groundwork – Enabling Development

Seattle City Light's Denny Substation near South Lake Union is approaching the final phase of design—and oh what a beautiful design it is. The proposed multi-use structure is a sleek, modern building that speaks to the neighborhood’s evolution from its industrial past to its tech-friendly present—with a walking loop, art installations, and interpretive features about the electrical substation housed inside. Rising above it all will be a sculpture that fuses a transmission tower with an old growth tree.

From property acquisition through preliminary design – Aspect has played a part in this exciting transformation of our City’s newest lakefront neighborhood. Our environmental scientists and geotechnical engineers supported the due diligence phase of the project to vet the former Greyhound Bus Maintenance site and successfully acquire the property. We then provided remediation, geotechnical design and dewatering design services to prep the site for construction, and are currently performing remediation and construction oversight and support of the substation design.

Take a tour of the station in Stephen Fesler's article in the "Urbanist," in which he explains, "In a world that's often become too focused on utility over design and context, Seattle City Light shows that things can be done differently."

Our Growing Yakima and Wenatchee Presence

Aspect continues to build our Yakima and Wenatchee team with the additions of new hires Meghan O’Brien, Project Scientist, and Taylor Dayton, Staff Engineer. We are excited to welcome Meghan and Taylor to Aspect and increase our engineering and water resources capabilities for our Eastern Washington clients.

Meghan O'Brien

Meghan O'Brien

Taylor Dayton

Taylor Dayton

Working from our Yakima office, Meghan will join Aspect’s statewide-recognized water rights team to help our agricultural, municipal, and business clients manage and preserve their water. Meghan brings nearly 10 years of water right permitting experience, as well as relationships with many Washington clients and stakeholders Aspect works with every day.  With prior experience working for the Washington State Department of Ecology, Meghan has valuable insight into the regulatory framework and permitting process that is key to successful water rights management. When not focused on water rights Meghan enjoys gardening, hiking and spending time with her family.

From Aspect’s Wenatchee office, Taylor will strengthen Aspect’s engineering capabilities for the planning and design of water, wastewater, and stormwater projects. Taylor supports her recently completed MS in Civil and Environmental Engineering with research experience at NASA. Taylor is an avid outdoor sports enthusiast relocating from the east coast to central Washington. Having only lived in the Mid Atlantic area she is looking to explore all the fantastic mountains and waterways that Washington has to offer.

A Geologist's Thoughts on the Pacific Northwest Mega-Quake Story

As the aftershocks of Kathryn Schulz’s article The Really Big One in The New Yorker continue to reverberate across western Washington, Aspect is fielding questions from concerned family members, friends, and clients. Will everything west of I-5 really be “toast”? Should I be worried about a landslide on the hill in my backyard? Is my house going to hold up against a 9.0 quake?

Read More

Geology Field Trip!

More than 30 members of Aspect’s technical staff participated in a regional geology workshop. The workshop was led by Puget Lowland geology guru Kathy Troost of the University of Washington and Troost Geosciences.  Friday morning was devoted to lectures and discussion of the geology of the area, and in the afternoon participants got their hands dirty practicing identifying and classifying samples of local soils. Saturday, Ms. Troost led the group to the classic field locations for regional geology: Alki Point, Mee-Kwa-Mooks Park,  Herrings’s House Park on the Duwamish, Discovery Park, and ended with an overview at Kerry Park on Queen Anne. 

The Threatened Bull Trout: Potential Impact of High Flow Events and Temperature on Spawning Habitat

Jared Bean – a Senior Staff Hydrogeologist with Aspect – along with co-authors from the University of Montana and the USGS, recently published a study, “Multi-scale hydrogeomorphic influences on bull trout (Salvelinus conluentus) spawning habitat,” in the Canadian Journal of Fisheries and Aquatic Sciences. Read more about Jared’s study and the importance of protecting and enhancing existing high quality bull trout habitat HERE.

Port of Bellingham Site Approaching Major Milestone

This month one of Aspect’s environmental projects moves one step closer to realizing its redevelopment vision.

The Port of Bellingham Commission is preparing to sign a master development agreement (MDA) with Dublin-based Harcourt Developments at the end of March. The agreement will allow Harcourt to start work on the first 18.8-acre piece of a contaminated Bellingham waterfront site that was formerly home to a Georgia-Pacific pulp and tissue mill.

In close collaboration with the Port of Bellingham and Ecology, Aspect’s technical and regulatory strategies have contributed to speeding the cleanup in conjunction with redevelopment of the Brownfield site. Over the next year, we will be designing and overseeing the cleanup action planned for this portion of the site.

Pending Commission approval, the MDA represents a major milestone for the Port, the City of Bellingham, and the Bellingham community where Aspect has set roots with a new office.

 Click on this link to a Bellingham Herald article about the MDA.