Thursday, October 10, 2013

LOTT Groundwater Recharge Study - Public Workshop October 23


Above: This orb spider, who was not paid for his opinion today, does not think the topic of water is boring.

LOTT Focus Group Members Think Study Title, Topic Is Boring - Groundwater Study Name Changed, Goal Refined

By Janine Unsoeld
www.janineslittlehollywood.blogspot.com

The LOTT Clean Water Alliance (LOTT) will host a public workshop about its multi-year groundwater recharge scientific study on Wednesday, October 23, 6:30 - 9:00 p.m., in the LOTT Board Room at 500 Adams Street NE in downtown Olympia.
The LOTT Clean Water Alliance is designing a study to answer questions about chemicals in our water, what happens to them in the environment, and risks they may pose to our drinking water and other water resources. LOTT staff and groundwater study group citizen advisory group members will be available to answer questions.

The evening format is scheduled as follows:
6:30 p.m. Open House with Information Stations
7:00 p.m. Presentations about the Study Design
7:45 p.m. Discussion Sessions
8:30 p.m. Open House


For more information, call Lisa Dennis-Perez, LOTT public communications manager at (360) 528-5719 or lisadennis-perez@lottcleanwater.org.
LOTT staff has acknowledged they are late in launching a public awareness campaign for its first public workshop on October 23. A second public workshop will be held in December.

A direct mailing about the October 23 workshop will go out this week to those who have previously expressed interest in the study, as well as radio, email and social media announcements, and advertisements in The Olympian newspaper.
Above: LOTT board members and staff at yesterday's work session meeting.
 
LOTT Board Changes Groundwater Study Name, Goal
The LOTT Clean Alliance is a regional water and wastewater treatment facility representing the cities of Lacey, Olympia, and Tumwater and Thurston County.
The LOTT Board of Directors is composed of Cynthia Pratt, chair and Lacey councilmember, Steve Langer, Olympia councilmember, Tom Oliva, Tumwater councilmember, and Sandra Romero, Thurston County commissioner.
At its work session on October 9, LOTT board members agreed by consensus to change the name of the study from the LOTT Groundwater Recharge Scientific Study to its new name, the LOTT Reclaimed Water Infiltration Study.

The reason for the name change came from a recommendation by LOTT staff after they met with three focus groups in late September. The groups were made up of 34 self-selected individuals who were paid to provide LOTT staff their feedback on a series of questions and pictures related to the study.

These participants were paid $75 each at the end of the two hour session held in the LOTT board room. They were asked a series of questions about the study title and terminology such as “compounds of emerging concern” and “reclaimed water” vs. “recharged water.”
Among other comments, they felt the study title was boring, and the term "scientific" was disingenuous. Although some felt an alternative word for "recharge" could be "infiltration," some felt this sounded too militaristic. Others liked the word.
In general, LOTT staff reported that participants felt the topic was not sexy enough to get people's attention, and needed a subtitle and graphic to illustrate its purpose.
Participants were also shown images of household products and asked what words they would use to describe the process of introducing into the region’s groundwater aquifers treated water contaminated with products most of us use everyday, such as shampoo and medicines.
LOTT board member Tom Oliva questioned the new title of the study, and the makeup of the focus groups, saying that the participants did not necessarily align with the demographics of the study. He was also concerned that the words “groundwater” and “scientific” were taken out.
 
After a robust one and a half hour discussion, which included a review of a draft flyer about the upcoming public workshop, the board agreed to the new name change and made minor changes to the flyer.

LOTT board member Sandra Romero said she wanted the flyer to convey to the public that some chemicals that remain in the water may require a higher level of treatment.
"We are not stuck – we’re trying to find the safest level – and way - to infiltrate treated water into our aquifers," she said. She also suggested that the context for why we need to do this be included on the flyer and in workshop presentations.

New Study Goal and Question

In response to a request by LOTT board members to come up with a one-line study goal and a one-line primary study question, the following was offered, and agreed upon:

Goal: Provide local scientific data and community perspectives to help policymakers make informed decisions about future reclaimed water treatment uses.
Primary Study Question: What are the risks from infiltrating reclaimed water into groundwater because of chemicals that may remain in the water from products people use every day, and what can be done to reduce those risks?


Groundwater Peer Review Panel Selected

Ben McConkey, LOTT groundwater study project manager, also presented to the LOTT board members during their work session a near-final list of panelists who are interested and available in serving as peer review panel members to the LOTT Reclaimed Water Infiltration Study.
 
LOTT board members agreed to accept the members, who will be paid a $750 stipend per day of work, with travel and hotel expenses paid by LOTT. McConkey says the panelists will meet about five to seven times over the next three years, and will work about a week before each meeting, attend meetings, and assist with follow-up.

LOTT staff and board members made suggestions to the list for consideration. McConkey worked with the National Water Research Institute to provide a balance of disciplines needed to oversee the study. The Institute made the final selections. The finalists are:

Water Reuse and Public Health/Criteria: Dr. James Crook, Ph.D. Environmental Engineering Consultant, Boston;

Chemistry: Dr. Jennifer Field, Ph.D., professor, Oregon State University

Water Treatment: Dr. David Stensel, Ph.D., P.E., professor, University of Washington, Seattle

Hydrogeology: Dr. Roy Haggerty, Ph.D., retired, Oregon State University

Public Health and Toxicology: Dr. Richard Bull, MoBull Consulting, Richland, Washington.

Full biographies will be posted on the LOTT website.
 
A sixth member of the panel is still being sought to represent a local perspective. Several area tribal representatives have been approached to participate, but no one has come forth.
 
Commissioner Romero urged that the person have experience with the study of compounds of emerging concern, now being called residual chemicals by the study, on fish populations.
 
 Above: Salmon at Tumwater Falls Park agree:
Water is not a boring topic.
 
 
Group Advisory Committee, Public Questions Study Purpose, Data

As the study enters Phase II, the framework of the study is falling into four main areas: water quality characterization, treatment effectiveness, risk assessment, and cost/benefit analysis.

The community advisory committee, now composed of 13 members, met again in late July and October 8.  Members continue to receive LOTT and consultant information, and ask questions.
At the Study’s groundwater citizen advisory group meeting on October 8, group members heard more reports about how risk assessments define acceptable levels of exposure to chemicals in the water, and what levels of treatment are used for groundwater recharge in other areas such as the southwest and western states.

Despite the deluge of technical materials provided by LOTT staff and consultants, many members still struggled to define their role - since LOTT has existing and proposed groundwater infiltration projects currently underway - and repeatedly returned to the purpose of the study.
When LOTT staff and consultants showed the group a series of draft workshop posters and asked for feedback, citizen advisory group member and former Olympia mayor Holly Gadbaw was surprised to learn that several properties around the county have already been purchased by LOTT for the purpose of infiltrating treated water into the aquifer.

The potential infiltration sites are: Henderson (12 acres), Rixie Road (32 acres), South Deschutes (49 acres), East Mullen (five acres), and the existing Hawks Prairie infiltration site of 41 acres. The water sampling plan is to study what’s in the groundwater at 20 - 30 domestic wells, and 10 city and community wells in each area.

The Woodland Creek infiltration site in Lacey off Pacific Avenue, currently under construction, is not operated by LOTT – it is an agreement between the cities of Olympia and Lacey. Groundwater monitoring of current conditions at this site has been going on there for about six months.

“This raises a whole bunch of questions…how were these sites chosen?” asked Gadbaw.

Citizen advisory group member Maureen Canny expressed great concern about living in the Hawks Prairie area and wondered if any epidemiological studies are planned for the area. The answer from LOTT staff and consultants was that no epidemiological studies are planned, just toxicological and put it in a risk assessment framework.

The Hawks Prairie recharge site began operations in 2006, and enough time has passed that there would now be interaction with groundwater. Canny took a quick poll of group members and asked if anyone else lived in the Hawks Prairie area, and none did.

“I hope people start thinking about it….If this is the plan, what’s going to happen? Let’s start figuring out the questions,” she asked. She expressed concern that by the time this study is complete, the Hawks Prairie facility will have been in operation for 12 years, and said that should be long enough to determine if there are any concerns, such as an increase in cancer rates.

Citizen advisory group member Lyle Fogg asked staff when people near the proposed infiltration sites will be informed of their locations.

“In my opinion, it should be sooner than later….We should inform them that we’ve already gone down the road this far….” he said.

Karla Fowler, LOTT community relations and environmental policy director, responded that that will be done through a direct mailing in the future, and that the Henderson site is planned to begin operating in 2018.

Citizen advisory group member Ruth Shearer, a retired toxicologist, questioned information provided to the group by Jeff Hansen, lead consultant of HDR Engineering, as she has also expressed at past meetings.
 
The risk assessment to human health that defines an acceptable daily intake level, compared to a maximum contaminant level of exposure, she said, is “based on grossly inadequate testing…these levels are not safe for populations of children with diarrhea, which is quite common, and pregnant women….The acceptable levels of exposure are not the same for all….”

She said that the acceptable daily intake level numbers, as provided, are politically edited, derived from the Environmental Protection Agency’s Reagan administration-era threshold numbers that purposely set the maximum contaminant levels too low due to the cost of treatment.
 
Referring to another piece of literature distributed to the group produced by the WaterReuse Research Foundation, Shearer said the information provided about therapeutic doses were all about skin absorption, not oral intake.

“It was irrelevant propaganda – there are different degrees of skin absorption for each chemical, and it did not address drinking water that may have reclaimed water introduced into it.

“These numbers make me very suspicious of the other numbers….As a toxicologist, I object to ever using the therapeutic dose in risk assessment – that’s why they’re prescription drugs – the therapeutic dose applies to them, but (the study should examine) the effect on normal people….”

There are thousands of unregulated contaminants, but the study plans to study 97 unregulated compounds of emerging concern, or residual chemicals, that are often found in reclaimed water and known to persist in the environment. Contaminants include medicines, personal care products, foods, hormones, and household chemicals.

Dennis Burke, a water system civil engineer based in Olympia, has attended most study committee group meetings and has offered information to committee members during public comment period. He has frequently been critical of the information provided to committee members.

On Wednesday, Burke said he has started a website at www.SaveOurDrinkingWater.org to provide the community alternative information about LOTT and study omissions. He said he'll be adding to it over the next few weeks to feature articles from scientific journals regarding viruses, genetic material, and antibiotics. He said the website will have a comment section and invite contributions.
 
Did You Know?
 
The following questions were offered by LOTT's focus group participants to provide attention-grabbing information about the LOTT groundwater study:

Did you know…
  • Some of the water you use and wash down the drain is treated and cleaned so it can be used again as reclaimed water?
  • Some of the medicines and chemicals from products you use every day may remain in reclaimed water?
  • Some reclaimed water is infiltrated into groundwater, our region’s source of drinking water?
For more articles and information about the LOTT Clean Water Alliance’s groundwater recharge study, now called the LOTT Reclaimed Water Infiltration Study, go to www.janineslittlehollywood.blogspot.com and type key words into the search button and/or go to www.lottcleanwater.org.
 

Saturday, October 5, 2013

Olympia Arts Walk Continues


by Janine Unsoeld
www.janineslittlehollywood.blogspot.com

 
Above and Below: Jules, a juggler from Bellingham who grew up in Olympia, warmed up before a show, then entertained appreciative crowds today as Arts Walk continued in downtown Olympia. Missed him? He'll be back next year!
 
 
Kids, don't try this at home!
 

Thursday, October 3, 2013

Olympia Gets Ready for Arts Walk



Above: Stephanie Johnson, City of Olympia Arts and Events program manager and knitter, was spotted making her own contribution to Arts Walk today. She said it was a portion of a really old, bad sweater she started in the 80's and never finished. "You know, the kind that would have had shoulder pads - it's made of acrylic - if it's going to take 20 years to finish a sweater, it should be wool!" she laughed.

by Janine Unsoeld
www.janineslittlehollywood.blogspot.com

Olympia is getting ready for Arts Walk this weekend! Arts Walk maps featuring nearly 100 artists and events are available at www.olympiawa.gov/parks and distributed throughout downtown. Of course, plenty of guerrilla art and activities are not on the map.

A cozy yarn art installation was underway today on the Olympia -Yashiro Friendship Bridge and will cover the lamp post bases. Artists have received permission from the city to keep it in place until next Sunday.


Above and below: Gail P. of Spectral Spiders was busy today knitting together portions of donated pieces to be placed on the bridge's lamp posts. She said the group formed in August to do this project, and "all are welcome to come create on the bridge and offer pieces to be repurposed. It's all about showing your stitches, you know?"

 
Arts Walk is sponsored by the City of Olympia Arts Commission and the Department of Parks, Arts and Recreation, and local businesses.
 
Above: Hmmm...what's next? A winter cap for the dome of the Capitol Building?

Hotel Application for Henderson Blvd.



Above: A land use application for a proposed Hilton Garden Inn on Henderson Boulevard has been submitted to the City of Olympia.

By Janine Unsoeld
A land use site plan application has been submitted to the City of Olympia for the construction of a 122-unit hotel on Henderson Boulevard. Watershed Park is within walking distance, and the property is adjacent to I-5.

The applicant, Capital Hospitality, LLC, is based in Seattle. The application, received by the city on October 1, states that a proposed Hilton Garden Inn is to be located at 2101 and 2201 Henderson Park Lane SE.

The hotel is proposed to be five stories, with the ground floor level to be 23,000 square feet, and floors 2 – 5 to be 14,000 square feet. The hotel would provide 115 parking spaces and employ approximately 25 people. No public transit currently serves this area, which is zoned commercial.

Various property owners and proposals have come and gone over the past few years for this contentious parcel which was subdivided, resulting in the building of a partial road into the property and a roundabout on Henderson Boulevard. Clearing of the 3.8 acre property site was performed years ago, and currently shows regrowth.
Steve Friddle, principal planner for the city's community planning and development department, says the application was initially received in July but was kicked back because it was incomplete. Now it’s complete, and the first comment period ends at 5:00 p.m. on October 15.

A city site plan review committee will schedule the project for review and make comments. The project must also be reviewed by the Olympia Design Review Board. Neighborhood meetings will also be scheduled.

The city invites comments and participation in the review of the project. Site plans can be viewed, and comments and inquiries regarding the proposal, file number 13-0089, can be directed to Cari Hornbein, Senior Planner, City of Olympia Community Planning and Development, 601 4th Avenue E., P.O. Box 1967 Olympia, WA 98501, or email: chornbei@ci.olympia.wa.us or (360) 753-8048.
 

Tuesday, September 24, 2013

Mt. Rainier Weekend Witnesses Change of Seasons


by Janine Unsoeld
www.janineslittlehollywood.blogspot.com

September 21 was a great day: the International Day of Peace, and the beginning of the Autumn Equinox. A change of seasons, and a time of renewal and reflection. I love September.

September 21 also happens to be my birthday! My mother died quite unexpectedly in July, so it was a day of extra, evolving emotions. It's a good thing that the beauty of nature and exercise helped bring many thoughts to clarity. With these few pictures of a special place, I wish to thank my mother for the many gifts of love and sacrifice she gave me.

Above: Mt. Rainier on Saturday morning from the National Inn at Longmire.
 
Above: Amanita mushroom. 

Above: Bejeweled lupine.
 
Above: Nature's September sapphires, Queen's Cup (blue-bead lily), Clintonia uniflora. It is considered unpalatable for humans.
 
Above: This triceratops-shaped tree root launched us into a whole uplifting litany of funny children's songs and lyrics that reminded us of how nice it was to be parents, and parents of now-grown children.
 
 Above: The moody power of Comet Falls.
 
  

Friday, September 20, 2013

Olympia’s Shoreline Master Plan and the Oyster House Restaurant: A Missed Opportunity for Budd Inlet Restoration?


Above: Rising like a Phoenix from the ashes, an Oyster House oyster creature, possibly named Oscar, appears to have been rescued during demolition of the restaurant on August 11. The downtown Olympia restaurant burned down July 19. No one was injured.
 
Olympia’s Shoreline Master Plan and the Oyster House Restaurant: A Missed Opportunity for Budd Inlet Restoration?

By Janine Unsoeld
www.janineslittlehollywood.blogspot.com

After many years of work, the Olympia city council deemed its draft Shoreline Master Plan just about done earlier this week. After staff makes final changes and gets it back to council on October 1, the mind-numbing 100+ page document will be handed it off to the Washington State Department of Ecology for review.
The City of Olympia is updating its Shoreline Master Program (SMP), which is required by the Shoreline Master Act, and regulates the use and development of properties along certain shorelines. 

According to Keith Stahley, City of Olympia’s community, planning and development manager, it will initially take Ecology staff about three months to review the document to ensure it is complete according to a checklist provided by Ecology. After more public hearings and possible policy clarifications, Ecology could approve, suggest amendments, or deny the application. In any case, the city is expected to see the draft back in September of 2014.

Meanwhile, during SMP discussions, a tragic and unexpected disaster took place on Budd Inlet at the southernmost tip of Puget Sound: the Oyster House restaurant in downtown Olympia burned down in the wee hours of July 19.
 
The owners, Tom and Leticia Barrett, didn’t waste any time obtaining a city demolition permit on July 30, and the restaurant is in the process of demolition and reconstruction. Construction activity requiring the closure of the 4th Avenue sidewalk between Sylvester Street and Water Street is anticipated to be completed by the end of February 2014. Access to the boat ramp and boat dock will remain open.

In light of the Olympia city council’s update of its Shoreline Master Plan (SMP), there is additional scrutiny on this piece of property. To be clear, the Oyster House reconstruction is not affected by the pending adoption of the SMP and the current draft SMP would not impact the owner's ability to replace the structure.
While the Oyster House restaurant occupies a tiny parcel of land in the overall discussion of the health and restoration of Budd Inlet, it is a highly visible and strategically located example of past and current land use practices and the ongoing, frustrating efforts to protect, clean up and restore our little part of Budd Inlet.

Despite all the local and regional discussions, meetings, research and reports about the environmental impacts to Olympia’s downtown from climate change and sea-level rise, surface water runoff and stormwater pollutants loading South Puget Sound, and the need for better earthquake preparedness, it appears the rebuilding of the Oyster House, as a case example, could be a missed opportunity in shoreline restoration.
Project Update

“The owners are planning to replicate what the Oyster House looked like before it burned down,” says Ben Barnes, City of Olympia building inspector. “They’ll rebuild it back-to-back since the fire didn’t get to the back side. It’ll need a little structural upgrade, but that’s about it.”
Asked about the integrity of the building and the small concrete slabs stuck into the fill under the backside of the restaurant that can readily be seen at low tide, Barnes said, “Somebody at some point piled those up there, I don’t know who did that. It’s a lot sturdier now than before the (2001 Nisqually) earthquake. There’s a thick slab under the restaurant – it has a really good foundation under there.  There’s some exposed rebar that’s starting to rust, and will need to be cleaned up,” he said.
 
Above: The Oyster House on Budd Inlet has been demolished. A recent low tide exposes concrete slabs placed there to stabilize the northeast portion of the restaurant. Support beams along the underside of the now burnt down front part of the restaurant appear newer.
 
MC Squared, Inc. is doing the structural work and piling improvements, design, and seismic upgrades.

"The building burned down to the concrete slab that was in place since 1920. We’ll be putting up new wood frame walls, and just finished designing two trusses that are similar to, but not identical, to the ones that were there. It will all meet current code, and restored close to the architectural design from 20 years ago,” said Mike Szramek of MC Squared. Asked about the stabilization of property, Szramek said the northeast corner will be stabilized to hold up that corner of the building.

There is no official shoreline monitoring program at the city level, but city staff, including Todd Stamm, City of Olympia planning manager, is very familiar with the site.

"The moment this burned, we kicked around a few ideas and regulatory schemes. Under the shoreline code, it’s a fast path to build within the same envelope and restore what was there. If the owners start wanting change, there’s a slow shoreline regulatory, traditional permit process. Both paths were described to him. (Owner Tom Barrett) is in the restaurant business, not the development business,” said Stamm.

Asked what the city is concerned about, Stamm said, “We’re looking at the material underneath the building, and the rip rap there to prevent erosion. If he (the owner) wants a seawall, then it’s his choice to make improvements.”

A building permit to rebuild will go through the normal shoreline two-step process through the city and the Washington State Department of Ecology. As of this writing, plans have not been submitted.
Reached by telephone and asked about current demolition and rebuilding efforts, possible shoreline improvements, and confirming the rescue and identity of an unidentified oyster creature, Oyster House restaurant owners Tom and Leticia Barrett both chose not to comment for this story.
The Oyster House Restaurant

According to the Oyster House website, the restaurant is the oldest seafood restaurant in the State of Washington. It is the old original culling house of the original Olympia Oyster Company, which was formed prior to 1900. For many years, the Olympia Oysters were culled after being barged in the basin immediately to the north of this building. As far back as 1859, Olympia Oysters were sent to San Francisco where gourmets would pay $20.00 per plate for them.

The original owners started a small seafood bar in the southeast corner of the building where Olympia Oyster Cocktails were served to patrons. In 1948, the restaurant started to evolve into a large scale operation with two or three additions. The current owners, Tom and Leticia Barrett, have operated the business since 1995.
 


According to the city of Olympia website, the Oyster House is listed on inventory lists by the City of Olympia but is not listed on any local, state or national historic register. Originally built in 1923, it is divided into two parcels.

According to Thurston County records, the total market value in 2013 was $62,604 for the intertidal zone. The owner and taxpayer for this parcel is listed as Oyster House Inc. Only $848.03 is due in taxes in 2013 for this parcel. The county assessor’s database lists no land or building for this parcel.
The owner and taxpayer for the parcel containing the actual land and building is T&L Limited Liability Company. The total market value is listed at $1,438,900. Part of the .57 acre parcel is in a flood zone, and in the city’s Urban Waterfront zone. The land is valued at $887,100 and the buildings are valued at $551,800. It was taxed at $62,604 in 2013. The square feet of the building is 5,312 and the parking lot square feet is 6,750.

Olympia city manager Steve Hall confirmed that the tidelands to the east of the Oyster House restaurant do appear to belong to the Barrett’s and the city does not pay anything to use this intertidal zone area for public access. This is the portion of Percival Landing featuring a foot bridge connection along Budd Inlet, an area where The Sandman tugboat is usually seen.

Some shoreline restoration advocates have entertained the idea that the city consider a land swap with the Oyster House, swapping the Sylvester Street right of way west of the building for the piece of land that the Oyster House sits on. 
“Allowing the Oyster House to rebuild on that piece, leaving a very narrow strip that could allow some shore restoration, removal of all those pilings and giving the restaurant solid ground to build on is much less expensive to build and maintain,” suggests Rob Ahlschwede, a Thurston County resident who has been involved in the SMP deliberations for the last four years. 

“They would still be right on the water, have a place for outside dining again and the Inlet would be a little closer to healthy.  It would take some legal stuff to do the swap, but it's been done in other places around the country,” says Ahlschwede.
Hall confirmed that a land swap was a possibility.

“Shortly after the fire, city staff met with the Barrett’s about future plans, including perhaps moving the restaurant to the west. While very cordial, the Barrett’s indicated that the best way to ensure getting their employees back to work as soon as possible was to rebuild in place and not try to do a land swap. Their insurance would not cover the cost of the move and much of the building core was salvageable. Also, city staff confirmed that a land swap would open up new shoreline use permit and land use approval processes which could take up to two years or more to compete. By contrast, building in place is relatively simple with few administrative hurdles for the owner,” said Hall.
When asked, both Stamm and Hall said that they are unaware of any incentives for shoreline restoration in a rebuild such as the one presented by the Oyster House situation.

Hall added, “One encouraging sign was a willingness of the Oyster House owners to partner with the city in the future rebuild of part of Percival Landing onto land rather than over water which is currently the case. This could be a good environmentally sound option for the city once we figure out how to fund the rebuild.”
Above: The Oyster House before demolition in July. The foreground illustrates the convoluted ramp system providing public access to the water.
 
Mayor Pro Tem Nathaniel Jones, who has been actively engaged in the SMP update, agrees that there is room for improvement in this highly developed area of Budd Inlet.
“As you know, Percival Landing is kinda funny, right in the area of the Oyster House. To stay on the boardwalk you have to go down one ramp, across a float, and back up another ramp. In some ways, it's nice to get close to the water, but the current design breaks up the connection between one part of the landing and the other. At the time this section of the landing comes due for refurbishment, it makes sense to consider our options for connecting up the two halves of the boardwalk. Perhaps this would involve some sort of land deal, including the Oyster House, but that decision is way out in the future.”

Jones added, “I am glad that the Oyster House is committed to Olympia and intends to rebuild. This is a difficult time for any business to lose income. The reconstruction must be very disruptive to the staff who depend upon the restaurant for their paycheck. If there were a workable way for the business to relocate so they were not over the water, I would be interested. And if there were a workable way for them to make improvements to the shoreline in the process of rebuilding, I would be interested. But, I don't see that the city has the ability to make these things happen. Private business will pursue those things which make sense to private business.

“While the Oyster House fire is a significant loss and has had a dramatic impact on our downtown, I expect that most of that impact will be short lived. Before long, they will be serving sandwich baskets and oyster shooters just like before,” said Jones.
The Threat of Storm Surges and Sea Level Rise

Above: Budd Inlet, left, threatens to drown the Oyster House restaurant, its parking lot, and nearby Sylvester Street during a 16.2 foot high tide incident in December 2012. Electrical wiring and light posts are also visibly under water. On the far, upper left, the Washington State Capitol Building can be seen in the distance.

During the most recent high tide event in December 2012, city staff and community members witnessed the forces of Budd Inlet covering the Oyster House’s parking lot with storm surge literally lapping at the outer walls of the restaurant, and waterlogging outdoor electrical outlets. This incident, measuring a 16.2 foot high tide, was not even the worst on record for this area.

A strongly worded portion of the city's Storm and Surface Water Utility section of the restoration appendix to Olympia's draft SMP acknowledges that climate change will "considerably influence the kinds of restoration implemented, when it is implemented, and how successfully. Known influences of a change in climate have not been confirmed, but potential effects include longer periods of drought, increased instances of flooding, changes and shifts in plant and wildlife populations, reduced snow accumulations and melt and sea-level rise."

The council agreed late last month to get rid of zero setback incentives for developers to create more height if they added amenities such as trails, vegetation buffers, and make an effort combat sea level rise on the Budd Inlet side of the isthmus and Percival Landing. 

The discussion took shoreline restoration advocates, including members of Friends of the Waterfront, and some council members off guard, complicating the SMP conversation late in the game.

When asked about it, Stamm insists the zero setback concept was suggested by council and specific approaches were proposed by staff after reviewing flexible incentive approaches adopted by other jurisdictions.

“The various incentive packages were provided by staff in response to requests from the city council for proposals for how the standards could be more ‘flexible’ and how such flexibility provisions might create incentives for shoreline restoration and enhancement beyond what would be required to mitigate the impacts of development,” says Stamm. 
 
Above: Budd Inlet threatens Bayview Thriftway during the early morning hours of a high tide event in December 2012. The water rose even further an hour later. This is the northwest corner of the building containing a deli. Picture is taken from Percival Landing.
 
The SMP Draft and Restaurants

One major area of contention with the SMP draft was restaurants.

“In the latest draft, restaurants, especially water-oriented restaurants, are allowed in many shoreline designations, but they would not be permitted in some more restrictive shoreline environments such as ‘natural’ and ‘conservancy.’ Grass Lake, Chambers Lake and much of Capitol Lake is ‘conservancy’ shoreline.  And in many cases, although the shoreline program might allow such uses, they are prohibited by the underlying residential zoning,” says Stamm.
Asked about various South Sound restaurants along Budd Inlet and their distance from the water, Stamm responded, “According to the city’s shoreline inventory, although it’s generally behind the Port Plaza at its closest point, Anthony’s Homeport is only about 30 feet from the ordinary high water mark, also known as the shoreline. Our estimate is that Bayview grocery is set back 22 feet at its closest point, and Tugboat Annie’s is over water in part, possibly by as much as 30 feet – it is definitely not a good example of zero setback with incentives as it doesn’t include any of the enhancement that would be required."  

Above and Below: TugBoat Annie's restaurant on West Bay Drive significantly extends over the water.
 
 
All three restaurants are located on different sides of Budd Inlet: Anthony’s Homeport is on the eastside of Budd Inlet, Bayview Thriftway is downtown on the southern end, and TugBoat Annie’s is located on West Bay Drive.

Bayview’s deli is in the northwest corner of the building, closest to the water. It is so close, that during the high tide event in December 2012, the massive forces of Budd Inlet rose precipitously near to the back door of the deli portion of Bayview. Windows on the second floor of the Bayview deli overlook Percival Landing and Budd Inlet, making it a popular luncheon and informal meeting area for community members.

Stamm says the Bayview Thriftway deli does qualify as a restaurant, even though it is within the same building as the grocery store,  (but) “this does not mean that if new, the entire building would qualify as a ‘water enjoyment’ use,” Stamm said, emphasizing the word ‘not.’ To be clear, Stamm clarified that putting a small ‘water enjoyment’ use, like a deli, inside a larger building wouldn’t allow a developer to place a large structure where it would not otherwise be allowed.
 

In a case of déjà vu, the rebuild of the portion of the Oyster House over the water would be under the same rules as the rebuild of Genoa's restaurant a few years ago, which also burned down.  Now Anthony's Hearthfire Grill restaurant at Northpoint, it has a different appearance, but was rebuilt in the same location, on pilings overlooking Budd Inlet, within same footprint as Genoa’s.

Regarding unintentionally damaged or destroyed structures, a new section was added to the draft SMP:
In the event that a structure or building housing a nonconforming use is damaged or destroyed by fire, explosion, act of nature, or act of public enemy, such damage or destruction shall not constitute a discontinuation of the nonconforming use. In the event that a structure or building housing an existing use considered a “conditional” use is damaged or destroyed by fire, explosion, act of nature, or act of public enemy, such use may be re-established without obtaining a conditional use permit.

This section further states, as in the current SMP, that in order to take advantage of this section, “a complete application for a building permit must be submitted within one year of the unintended event that caused the destruction of the structure. The applicant loses their rights under this subsection if the building permit lapses without construction of the structure proposed under the building permit.”

“Where the public seeks to enhance or restore the environment and not just mitigate adverse impacts, there is always a careful balance to be struck between the obligation of private property owners to be imposed by regulations, and efforts of volunteers, the public and government,” says Stamm.
The Regulatory Roles and Responsibilities of the City and State: Restoration vs. Mitigation

Chrissy Bailey, shoreline planner at the Washington State Department of Ecology, is working with the City of Olympia on its update of the SMP. She was asked several questions about the plans for the Oyster House, whether there are any opportunities or incentives for private property owners to help with Puget Sound shoreline restoration, and the respective city and state responsibilities.
Bailey responded, “Since the city’s new SMP hasn’t been adopted or approved yet, the rebuild of the Oyster House would have to comply with the regulations in the city’s current SMP.  If they are building waterward of the ordinary high water mark, there are other permits and approvals they would have to get as well, from other agencies.” 

“As far as the SMP goes, the city is actually the main permitting agency, not Ecology.  There are certain types of permits we also have to approve after the city does (conditional use permits and variance permits) but exemptions and substantial development permits are issued by the city and Ecology only gets notified that they have been issued. Permit decisions can be appealed to the Shoreline Hearings Board.”
“Generally, if there will be impacts to shoreline resources, mitigation is required. Ecology cannot require restoration, we can only require mitigation equivalent to the impacts of any project.” 

“The SMP guidelines strictly limit Ecology’s authority to require mitigation,” Bailey says, and quotes the relevant Washington Administrative Code, “in excess of that necessary to assure development results in no net loss of shoreline ecological functions.” 
Bailey is careful to differentiate between the terms restoration and mitigation.

“As you mentioned, there could be an improvement in the ecological condition from mitigation a project proponent has to do as a result of impacts associated with their project, impacts that couldn’t be avoided or minimized, or from restoration that is done voluntarily.” 
“Many jurisdictions that update their SMPs include incentives for restoration to try and exceed “no net loss” and actually improve ecological conditions or functions.  Olympia has been tossing that around and I’m not sure how it will shake out in the new SMP.”

“Basically, I would say the city’s main responsibility would be to assure any reconstruction complies with the applicable regulations in their SMP and any other city codes, which may include the need for mitigation.  Often times if structures are rebuilt to the exact same extent they existed before a fire or other disaster, jurisdictions don’t consider that to be an intensification - rather it’s a return to the baseline that existed before the disaster - and so they will not require mitigation. 

“Any restoration would be voluntary, and I am not familiar with any incentives that exist at this time under the Shoreline Master Act.  There are grants available to entities that want to do shoreline restoration so I think there are opportunities to do something different, it just depends on if the project proponent or land owner wants to do it.”
No-Net Loss vs. Net Gain: Is Budd Inlet Really a Priority?

As defined in the draft SMP, under Chapter 3.69, 18.34.850, “restoration is the reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of intrusive shoreline structures, and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions.”

Open to debate perhaps is the definition of “intrusive shoreline structures” which, for some, could mean certain area restaurants, and the Olympia Yacht Club.
 
Above: The Olympia Yacht Club with new support beams as seen from Percival Landing in July.
 
In an appendix to the city's draft SMP, the following four priorities and associated restoration projects are identified: improve water quality in Budd Inlet and its tributaries; improve natural sediment processes; preserve and restore wildlife habitat; and restore shorelines as opportunities for humans to connect with the natural environment.

No doubt, Budd Inlet has seen improvements in the form of greater stormwater control, the new Percival Landing boardwalk structure projects, the removal of about 200 creosote pilings, restoration of an acre of shoreline to function as a native habitat, park development, West Bay site clean-ups, and general public education efforts. The Port of Olympia continues to test the high concentration of dioxin-laden sediments which will lead to the development of a clean-up plan. The continued work of the Total Maximum Daily Loads (TMDL) water quality study of contaminants of concern in the Deschutes River, Capitol Lake, and Budd Inlet, led by the state Department of Ecology is also underway.

A comprehensive list of projects intended to restore Budd Inlet was identified by the Squaxin Island Tribe in 2010. Of those projects, 53 were identified in or within 500 feet of the City of Olympia. Of those 53 projects, 27 have been identified as potentially feasible for evaluation or implementation within the next 10 years with the City of Olympia as the lead or partner agency. Implementation schedules for many projects in the downtown area are to be determined by funding availability and/or redevelopment.

However, the biggest, most effective proposal toward Budd Inlet restoration, advocates say, would be the removal of the dam built on Budd Inlet in 1951, which blocks sediment transportation from the Deschutes River and Percival Creek into Budd Inlet.
 
The community will continue to pursue the delicate balance between human uses of our shorelines with environmental protection, but will we keep focusing on a goal of no net loss or will we begin to work toward environmental net gains?
 
Above: Sea stars attach themselves to the pilings holding up TugBoat Annie's restaurant in June.