Puget Sound Partnership E-Clips, February 5, 2017: Washington legislators mount assault on growth management; EPA covers toxic tar seep under Eagle Harbor; Snakes That Swim with Salmon

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February 5, 2017

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Featured News: Legislative Action

Washington legislators mount assault on growth management (The Urbanist | Blog)
…More than a half-dozen bills have been proposed seeking to either repeal the Growth Management Act (GMA) or severely hamper its effectiveness at protecting natural and rural lands while focusing healthy urban growth patterns in cities and unincorporated urban areas across the state.... Put another way, the GMA serves to ensure that cities, counties, regions, and the state have a coordinated way to allocate public resources and services, to preserve critical and environmentally important areas, to retain natural and agricultural resources, to realize economic vitality across industry sectors and regions, and to provide people with quality housing options.
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Competing bills target, affirm high court water decision (Bellingham Herald | Associated Press)
Some lawmakers are taking aim at a recent Washington Supreme Court decision that put the onus on counties to determine whether water is legally available in certain rural areas before they issue building permits. One bill sponsored by Sen. Judy Warnick, R-Moses Lake, amends parts of the state law at the heart of the ruling, known as the Hirst decision. County officials, builders, business and farm groups are among supporting the measure, while environmental groups and tribes oppose it. A competing bill sponsored by Sen. John McCoy, D-Tulalip, supports the court decision and sets up a program to help counties find ways to meet the requirements.
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Ballast water bill could allow invasive species to enter Puget Sound (Kitsap Sun | Watching Our Water Ways blog)
Invasive species from San Francisco Bay — known as the most infested waterway in the country — would have an open door for entry into Puget Sound under a bill moving through Congress. You may have heard this line before. I posted the same warning last summer, when the Vessel Incidental Discharge Act, or VIDA, was attached to the “must-pass” National Defense Authorization Act. (Water Ways, July 16). Opponents fought back and were able to strip VIDA from the bill before final passage. Now, with Republicans in control of both houses of Congress and an anti-regulatory atmosphere in place, the bill’s passage seems more likely this time — to the detriment of Puget Sound, the Great Lakes and other waterways.
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Quagga mussels a threat to irrigators, lawmaker warns (Capital Press)
Quagga mussels clog irrigation systems and are approaching the Pacific Northwest, warns a Washington state senator, who has proposed a tax on ships to fund a battle against the invasive species. Shippers, ports and marine terminal operators oppose the new fee, arguing large vessels are unlikely to introduce invasive species and that another tax will make Washington ports less attractive to companies.... Along with clogging pipes and screens, the mussels upset the ecosystem.
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PSCWA lobbying for carwash sales tax exemption (Carwash Online)
According to the Puget Sound Car Wash Association (PSCWA) website, the association is lobbying for a state retail sales tax exemption for all carwashes in Washington state. The reason for this sales tax exemption, the article stated, is that water quality is the largest environmental issue facing the Puget Sound, according to the EPA and DOE, and estimates claim that 75 percent of all pollution entering the Puget Sound comes from untreated runoff in residential neighborhoods, with a significant contributor to these pollutants being driveway washing.
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Larsen calls on Congress to end orca captivity once and for all  (SanJuanIslander.com )
Rep. Rick Larsen (WA-02) is once again cosponsoring the Orca Responsibility and Care Advancement (ORCA) Act, a bill that aims to end the captivity of orca whales once and for all. The ORCA Act would permanently end orca captivity across the United States and prohibit orca breeding, the wild capture of orcas, and the import or export of orcas for purposes of public display.
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See also:
Wash. congressman backs bill banning orca captivity (SeattlePI)

Lawmaker wants chemicals stripped from fast-food wrappers (KOMO News)
Fast food may not be the healthiest choice, but now there's a concern that the packaging it comes in may be worse than the actual meal. A new study says the wrapper that holds a burger or covers french fries could be loaded with unhealthy chemicals.... Rep. Joan McBride, D-Kirkland, wants to rewrite the recipe on food wrappers.
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E-Clip Topics

Protect and Restore Habitat

Seattle Iron and Metals Corp.fined $64000 for polluting Duwamish River (West Seattle Herald)
The Washington Department of Ecology has fined Seattle Iron and Metals Corp. $64,000 for discharging stormwater with excessive levels of several pollutants into the Duwamish River in Seattle…. The monitoring showed excessive concentrations of zinc, copper, lead, petroleum compounds, ammonia, and fine particles above the limits set in the permit. The pollutants are byproducts of converting old cars and appliances to usable metals. They can be toxic to fish and other aquatic and marine life.
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Groups to sue Navy over pollution from aircraft carrier (King 5 News)
Several groups have issued an intent to sue the Navy over claims that an old aircraft carrier is polluting Puget Sound around the Bremerton base. Through the American flag on Puget Soundkeeper's boat, it's easy to see what they've been staring at so closely for the last few weeks.
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Pile-driving begins for Navy pier project at Ediz Hook (Peninsula Daily News)
Pile-driving began Wednesday on the Navy’s $25.6 million pier project on Ediz Hook. Not that city residents, going about their business downtown on the other side of Port Angeles Harbor, would know it….While the project, which faces the city shoreline, also will include louder impact pile-driving, a quiet clatter issued Wednesday from the vibratory APE 200 hammer during a frigid visit to the worksite. The 13,000-pound driver being used for the project pushes out 170 tons of drive force at up to 1,650 vibrations per minute while hanging from a crane and balanced on the 18-inch-diameter end of a 97-foot steel pile being inched into the harbor floor.
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Lift cable snaps, boat slips at Port Townsend marina (Peninsula Daily News)
A cable snapped on a Port of Port Townsend boat lift while it was lowering a boat into the Boat Haven Marina, causing minor property damage and a small fuel spill in the marina….Hydraulic fluid from the lift spilled into the marina. Slade said it was a minor spill. “There’s a sheen and we’re not sure how much but those don’t hold a lot of fluid,” Slade said.
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Mistrial for man who broke into pipeline facility in name of climate change (Skagit Valley Herald)
The jury deliberating the case of Kenneth Ward failed to reach a verdict, and a mistrial was declared Wednesday in Skagit County Superior Court. Ward, 60, of Corbett, Oregon, was on trial for felony burglary and sabotage charges for trying to shut off an oil pipeline Oct. 11 at a Kinder Morgan facility west of Burlington. He said while testifying that he targeted the pipeline in an attempt to raise awareness about climate change, and he hoped to inspire a transition off fossil fuels.
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See also:
Jury selected in trial of man charged with breaking into pipeline facility (Skagit Valley Herald)
Jury Fails to Convict ‘Valve Turner’ Ken Ward, Who Faced 30 Years for Climate Disobedience (Seattle Weekly)

Jury convicts Break Free PNW protestors (Skagit Valley Herald)
A jury found four people guilty of trespassing Friday for blocking BNSF Railway tracks during the Break Free PNW protest in May. Each was convicted of second-degree criminal trespass, which is a misdemeanor, in Skagit County District Court. Each was sentenced to 12 months of probation, fined $250 and required to do eight hours of community service work in Skagit County, Prosecuting Attorney Rich Weyrich said.
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Whatcom berry farmer appeals $102K in fines for illegal water use (Bellingham Herald)
A Whatcom County farmer accused of illegally watering his raspberries and failing to submit records on water use has appealed fines totaling $102,000. Gurjant “George” Sandhu’s case will go before the state Pollution Control Hearings Board on Oct. 24-26. The Washington state Department of Ecology fined Sandhu, doing business as Crystalview Raspberry Farm, on Dec. 16 for separate violations on two farms he operates in Whatcom County.
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EPA covers toxic tar seep under Eagle Harbor (Kitsap Sun)
The hidden danger lurking under Eagle Harbor is being put back in its cage. Acres of industrial tar and other contaminants safely buried under sand and gravel 30 years ago had recently started to ooze out, putting a largely recovered harbor’s health at risk. In response, the U.S. Environmental Protection Agency is leading a $3 million effort to patch the sediment cap and add a new layer of rock to make sure it stays put.
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Volunteers report trees illegally cut at Indian Island County Park (Peninsula Daily News)
Jefferson County officials and volunteers have found trees illegally cut and taken from Indian Island County Park in Port Hadlock and are searching for the tree thieves. “By the looks of it, it’s just one person or a small group of people taking Douglas fir and madrone for firewood,” Matt Tyler, Jefferson County Parks and Recreation manager, said in a news release.
To read more >>

Snake River dams examined after decades of lawsuits (King 5 News)
Scientists and power providers are scrutinizing the Snake River dams to see just how damaging they are for wild fish, in accordance with a federal judge’s orders. For the first time in about a decade, the public has a chance to weigh in on the future of the dams. It’s an issue that’s captivated the attention of former Idaho Fish and Game biologist, Steve Pettit. He spent years fishing the Clearwater River on his lunch breaks, so if anyone’s watched the waters change over 40 years, Petit says he has. “It’s pathetic. Can’t buy a fish,” he said. Pettit blames a bad memory that’s stuck like a persistent nightmare. He was there in 1975 when the Lower Granite dam held back the Snake River for the first time.
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Town holds public hearing on plastic bag ban (Journal of the San Juans)
San Juan County passed an ordinance to ban single-use, carryout plastic bags, last November, but it didn’t include the Town of Friday Harbor. “There’s county code and then there’s the town,” said Town Clerk Amy Taylor to The Journal. “Sometimes they overlap and sometimes they don’t.”… Two changes were made to the town ordinance draft by council; the start date of the ban was changed from April 1 to May 1 to coincide with the county’s adoption and retailers were given additional time to use already purchased non-complying bags until out of stock.
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Sinking boat near Kingston to be hauled off soon (Kitsap Sun)
The Olympic, the historic fishing vessel languishing in Appletree Cove, has one more trip to make. That journey likely will be the last of its century-long life. The 58-foot vessel foundered in the cove in early December after it broke anchor and winds pushed it into shallow water. When the Olympic struck ground, it tipped and water poured into the vessel. It has since sat partially submerged in the cove, leaching fluids. The state Department of Natural Resources has launched an effort to clean up the boat through its Derelict Vessel Removal Program.
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Nature Conservancy transferring property to Skagit Land Trust (Skagit Valley Herald)
The Skagit Land Trust will soon take ownership of more land in east Skagit County. The Nature Conservancy will transfer nine conservation sites totaling about 1,000 acres to the land trust for continued protection. The sites are east of Concrete along the Skagit, Cascade, Sauk and Suiattle rivers, as well as along Illabot Creek.
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More studies underway for Barnaby Reach project (Skagit Valley Herald)
A new chapter is beginning this year for a fish habitat restoration project at Barnaby Reach, an area that includes several streams and sloughs in the upper Skagit River watershed. The Skagit River System Cooperative, which is managing the proposed project for The Nature Conservancy, state Department of Fish & Wildlife and Seattle City Light, has hired a team of consultants to collect additional data about the way water moves through the area.... The cooperative has applied for Floodplains by Design grant money to help pay for the additional studies. Floodplains by Design is a state program that supports projects designed to improve habitat and reduce flood risks. Whether the grant money is awarded will depend on the Legislature’s budget.
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Compromise preserves 25 acres at Wallace Falls from logging (Everett Herald)
Snohomish County’s top elected leaders endorsed a compromise Wednesday that aims to safeguard trail systems at the popular Wallace Falls State Park, while providing timber revenue to local governments. Contention over the patch of state woodland northeast of Gold Bar known as the Singletary sale has been ongoing for almost a decade. The Department of Natural Resources land was set to go to auction Feb. 22. It would have included 187 acres of second-growth forest.
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Clallam County trust lands panel delivers final report (Peninsula Daily News)
After 14 months of research, discussion and debate, the Clallam County Trust Lands Advisory Committee has delivered a final report to the three county commissioners. The report reaffirms a Nov. 18 committee recommendation that commissioners not seek reconveyance of 92,500 acres of state-managed forest trust lands in Clallam County.
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Plunge into frosty Lake Stevens to raise money for salmon (Everett Herald)
A certain type of commitment was on display on the shores of Snohomish County’s largest lake. At Lundeen Park on a 38-degree day in January, 18 people plunged into waters where ice had formed in places. They did it for Sound Salmon Solutions, a nonprofit focused on improving fish habitat and teaching people about water quality.
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Event encourages environmental education, advocacy (Skagit Valley Herald)
Educators and students of all ages gathered Thursday at La Conner’s Maple Hall for Storming the Sound, a day of discussions about the importance of environmental education in the Salish Sea region. Speakers stressed the importance of continuing environmental science, education and advocacy work during the presidency of Donald Trump.
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See also:
Local environmentalists share concern over Trump presidency (Skagit Valley Herald)

Species and Food Web

Substance in crude oil harms fish hearts, could affect humans as well (Phys.org)
Research from Stanford University's Hopkins Marine Station has identified a substance in oil that's to blame for the cardiotoxicity seen in fish exposed to crude oil spills. More than a hazard for marine life exposed to oil, the contaminant this team identified is abundant in air pollution and could pose a global threat to human health. The pollutant at the center of this finding, phenanthrene, is a type of polycyclic aromatic hydrocarbon (PAH). Due to widespread use of petroleum, PAHs are also found in land-based stormwater runoff, contaminated soil from defunct industrial sites and air pollution. 
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Microplastics found in supermarket fish, shellfish (CBC News)
Tiny pieces of plastic are making their way into fish and shellfish found at the supermarket, a new study has shown. The findings are part of a report prepared for the International Maritime Organization, the UN agency responsible for preventing marine pollution. It's not yet been established what effect these tiny particles of plastic will have on the humans who consume them, the report says.
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Invasive oyster drills react differently to predators than natives (Kitsap Sun | Watching Our Water Ways blog)
Invasive saltwater snails, including dreaded oyster drills, seem to be far more leery of predators than native snails under certain conditions, according to a new study by Emily Grason, whose research earned her a doctoral degree from the University of Washington. Why non-native snails in Puget Sound would run and hide while native species stand their ground remains an open question, but the difference in behavior might provide an opportunity to better control the invasive species.
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Study: Predators might play major role in chinook declines (Kitsap Sun)
Seals and sea lions are taking a major bite out of the threatened chinook salmon population in Puget Sound, and the competition for food could be having repercussions for endangered Southern Resident killer whales, according to a new study. Seals and sea lions are eating about 1.4 million pounds of Puget Sound chinook each year — about nine times more than they were eating in 1970, according to the report, published online this month in the Canadian Journal of Fisheries and Aquatic Sciences.
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See also:
Hungry Salish Sea seals and sea lions devouring resident orcas' favourite food  (Vancouver Sun)

Sea Lions Move Into Home  (Key Peninsula News)
The invasion began in mid-December. Between 60 and 100 were first observed in Delano Bay on the east side of Penrose State Park. They moved into Mayo Cove and followed the food into Von Geldern Cove in Home. The arrival of the California sea lions was accompanied by hundreds of seagulls circling above them as they fed, eager to pick up any scraps. The size of this group of sea lions so far south in the Puget Sound was an unusual phenomenon.
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Snakes That Swim with Salmon (Hakai Magazine)
Snakes have a long-held reputation for being sneaky. And garter snakes on the Cowichan River in southeastern Vancouver Island, British Columbia, have taken their slippery ways to new and surprising lengths. Last spring, when Tim Kulchyski, a field biologist with the Cowichan Tribes, reached into a trap that allows researchers to count fish, he came out with a garter snake instead of the chinook and coho smolts he was expecting. And there wasn’t just one. “I probably pulled out a dozen over three weeks,” he says. “Some were pretty big. They were bloated—so healthy it was ridiculous.”
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Saving wild salmon: Snake River dams examined after decades of lawsuits (King 5 News)
Scientists and power providers are scrutinizing the Snake River dams to see just how damaging they are for wild fish, in accordance with a federal judge’s orders. For the first time in about a decade, the public has a chance to weigh in on the future of the dams.
To read more >>

Water Quality

Back-to-back Central Kitsap sewage spills worst in years (Kitsap Sun)
One of Kitsap’s largest sewage spills in years, plus a second smaller spill a day later, has polluted a Central Kitsap creek and forced the closure of waterways between Silverdale and Bremerton. The first spill occurred Sunday from a Kitsap County Public Works pump station under construction on Conifer Drive near the Kitsap County Fairgrounds. The spill released 90,000 gallons of sewage. ... Sewage polluted a 2-mile stretch of the creek before flowing out its mouth near Tracyton, contaminating Dyes Inlet and the Port Washington Narrows. 
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Dairy farmers tackle water quality challenges (Capital Press)
Using an innovative online tool to schedule late winter and early spring manure applications, Terry and Troy Lenssen of Lenssen Dairy in Lynden, Wash., can give soil microbes a chance to convert slurry nutrients into plant-available forms before spring growth starts in earnest, while also protecting local waterways from runoff of nutrients and bacteria. The Application Risk Management tool — known by the acronym ARM — developed by the Whatcom Conservation District uses a complex formula to analyze local weather forecasts, soil type, crop density, water table depth and other variables to determine whether the risks of runoff or leaching are low enough to permit a manure application. ARM protects more than the creek and the commercial shellfish beds downstream — it protects the Lenssens’ bottom line.
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WSDA fines two dairies in water pollution cases (Capital Press)
Two Western Washington dairies have been fined $8,000 apiece for discharging manure into a ditch or creek, according to the state Department of Agriculture. The penalties against Valley View Dairy of Mount Vernon and the Lloyd Winterberg Dairy of Lynden were finalized Jan. 12... According to WSDA, a department inspector flew over Valley View Dairy on Oct. 19 and saw manure moving off saturated fields and into Nookachamps Creek. The creek flows into the Skagit River.
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Car Tires a Source of Marine Microplastics  (Marine Executive)
Microplastics - tiny pieces of plastic or fibers increasingly found in the oceans - have been found in a variety of commercial fish and shellfish, including samples purchased from retail outlets, according to a new study. One previously unrecognized source of secondary microplastics highlighted is debris from vehicle tires. The emission of rubber particle dust (mainly <80 micrometers) from tire wear may be a major source of microparticle contamination in the sea. Part of the dust flies as particulate matter into the air, the rest lands directly on the road or adjoining land and from there a proportion will enter surface waters or drains. An unknown proportion will be carried to the sea.
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Air station chemical plume reaches Oak Harbor groundwater (Everett Herald)
A mile-long plume of a chemical that’s a likely carcinogen has migrated in groundwater from a contaminated site at Naval Air Station Whidbey Island to within Oak Harbor city limits. No drinking water wells are in imminent danger since the residents in the area are all hooked up to city water, which is piped in from the Skagit River.
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Healthy Human Population

Never mind the lungs. Air pollution can scramble your brain (The Olympian)
The air you breathe does more than affect your lungs. A new study published this week found that older women exposed to air polluted by vehicle exhaust and other damaging particles are almost twice as likely to develop dementia. Others who carried a specific gene were almost four times likelier to develop loss of memory and reasoning skills.
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Dr. Wood: Recycle fluorescent lighting to protect family, environment (The Olympian)
In Washington, all mercury-containing lights must be recycled. Many people use compact fluorescent light bulbs, or CFLs, in their home, and they contain mercury. CFLs are safe to handle and use, but when they are broken, the mercury vaporizes into room-temperature air. Mercury can impair neurological development in children and infants, and is toxic to adults.
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Human Quality of Life

Rain doesn’t dampen spirits at Arlington-Stillaguamish eagle fest (Everett Herald)
... The stump is a popular spot for eagles and peregrine falcons, said Pera, a member of the Skagit Audubon Society. He and other volunteers brought their equipment and expertise to a bird-watching tour of the Nature Conservancy’s Port Susan Bay Preserve at the end of Boe Road near Stanwood. The tour was one of dozens of events happening Friday and Saturday as part of the 10th annual Arlington-Stillaguamish Eagle Festival.
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Thrifty Thurston Rediscovers Wildlife at Nisqually National Wildlife Refuge (ThurstonTalk )
On the northern edge of Thurston County, where the Nisqually River mixes with the Puget Sound, one of our region’s natural wonders sits, waiting for you to come back and visit. Now, as winter winds down and spring slowly approaches, it’s a great time to head to the Nisqually National Wildlife Refuge and witness the birding paradise.
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County seeks public input on Whidbey trail system (Whidbey News Times)
Residents who like to explore Whidbey’s wonders “with their hands and feet” are encouraged to help improve and expand recreational opportunities. An update on the 2006 Non-Motorized Trails Plan will be presented at several locations this week and public involvement is key, said Brian Wood, transportation planner with Island County Public Works.... An ambitious goal of building a biking and walking trail along the entire length of Whidbey Island from the Deception Pass bridge to Clinton’s ferry dock, known as “Bridge to Boat,” is part of the non-motorized trail system concept.
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Lake Serene is flooding again, and there’s no quick fix (Everett Herald)
When Debbie Bly-Olsen and her husband, Ryan, moved into their lakefront home during the dry month of June, there was no sign of what lay ahead. Like many others drawn to Lake Serene, they would soon find themselves too close for comfort to the beautiful aquatic landscape. Last month, the lake level rose to submerge docks, inundate back yards and threaten basements.... Bhend, who has owned his home for nearly 40 years, said problems with lake levels have gotten worse of late. He blames it on urban development to all sides. County officials, in his view, should have done a better job managing the added storm runoff from all the new roofs, driveways and other developed surfaces.
To read more >>

How is the Puget Sound ecosystem doing?


The 2015 State of the Sound reports on the current state of the ecosystem and the status of regional recovery actions. Learn more at www.psp.wa.gov/sos.

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