HomeMy WebLinkAboutNatural Resources September 14 20041
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Natural Resources Committee
September 14, 2004
Committee Chair Sharon Roy called the meeting to order at 9:30 a.m. in the
Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Seth Fleetwood None
Laurie Caskey- Schreiber
Also Present:
Barbara Brenner
Dan McShane
SPECIAL PRESENTATION
1. PRESENTATION ON A USGS STUDY REGARDING THE MERCURY LEVEL
IN LAKE WHATCOM (AB2004 -302)
Don Vesper, Environmental Health Services manager, stated the study was
done by the United States Geological Survey (USGS) to examine sources, historical
and potential, of contamination of lakes in the county, including Lake Whatcom.
The report was published about a month ago. Anthony Paulson was the principal
investigator on the report. He discussed Mr. Paulson's his background, including
work experience and curriculum vitae.
Dr. Anthony Paulson, USGS Washington Water Science Chief Environmental
Hydrologist and Geochemist, stated this is the final report on their mercury study of
Lake Whatcom.
The objectives were to examine mercury sedimentation and compare the
relative importance of global atmospheric sources with local sources, to examine
sources of total mercury in Lake Whatcom, and to examine sources that lead to
bio- accumulation of mercury in fish, and to identify any data gaps to study in the
future. One approach was to examine existing data. He also collected additional
samples in five lakes in Whatcom County.
Basin one is small, mostly in the City of Bellingham, and has a maximum
depth of 25 meters. Basin two is the same, and also has a depth of 25 to 30
meters. Basin three is the largest, with a 300 -meter depth. The freshwater
diversion is in basin three.
Regarding sediments, most increases in the mercury concentration occurred
before the industrial sources of mercury in Whatcom County opened. The most
Natural Resources Committee, 9/14/2004, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
significant increases in mercury in the sediment occurred in the early part of the
19th century, as the beginning of the industrial revolution. Atmospheric transport is
the only way mercury from major sources in Whatcom County could enter Lake
Whatcom. Those industrial sources are not in the Lake Whatcom watershed.
Therefore, mercury can't get into Lake Whatcom from those sources by a water
path. Mercury is transported in the atmosphere and falls on Lake Whatcom.
Regarding enrichment factors, the maximum enrichment rates range from
2.5 to three, which are on the low end of the range found in the United States.
Enrichment factors ranging from three to six have been found in other states
known to have mercury problems.
The pattern of increases follows the deposition of the industrial revolution in
the 1900's. Major volcanic eruptions result in the increase in mercury in ice cores.
Mercury concentrations began to increase in the early 1900's. It reached a
maximum in the 1980's. The ice core sample in recent years shows significantly
less mercury than in the 1980's. The decrease is seen in other areas in the United
States and Iceland.
Sediment study conclusions suggest a global source. The increases in
mercury in Lake Whatcom are not unusual for lakes in the United States.
The atmospheric deposition model allowed him to estimate the deposition of
mercury from local mercury sources. To apply that model, he needed to know wind
patterns. Very little wind comes from the north. The dominant pattern is from the
southwest or northeast. They also have to look at timelines of mercury emissions
from these local sources to understand the impacts from the sources. The Georgia -
Pacific plant was modernized in the mid- 1990's, which resulted in improvements in
air pollution control devices. It closed in 2002. Two municipal waste incinerators
opened in 1974. They were updated because of new federal Environmental
Protection Agency (EPA) regulations. The sewage sludge incinerator operated in
1974 and expanded and modernized in 1993. The deposition from an atmospheric
source in Bellingham to basin one should be ten times higher than in basin three
because of the predominant wind pattern. Because of the lack of advanced air
pollution devices in all those devices should result in peak deposition in the 1960's,
with significant decreases afterwards. However, the enrichment of mercury in
sediment in basins one and three are similar. In addition, basin one and two show
no peaks in the 1960's. The peaks actually occur in the 1990's. There was a very
small peak in basin three in the 1060's. Atmospheric deposition from mercury from
local sources isn't the cause of higher mercury concentration in fish in basin three.
The atmospheric deposition of mercury from local sources does not control
the mercury concentrations in the sediment in Lake Terrell and Fazon Lake or in the
fish in lakes north of Bellingham.
To calculate mercury depositing on the surface of Lake Whatcom due to
precipitation, he used data from Seattle as part of the mercury network deposition
Natural Resources Committee, 9/14/2004, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
program. One hundred twenty four grams per year of mercury is being deposited
directly from rainfall.
The State Department of Ecology (DOE) total maximum daily load (TMDL)
study measured total mercury concentrations in tributaries of ten watersheds. He
combined the mercury concentrations in these tributaries with the flow data
information. Anderson Creek receives the diversion from the Nooksack middle fork
and contributes about 50 percent of the mercury into Lake Whatcom. However,
this high load from Anderson Creek is not a result of Anderson Creek being
contaminated with mercury. It is a result of the high flow of water from the
Nooksack diversion going into Lake Whatcom. The average mercury concentration
in Anderson Creek is lower than in many other tributaries. A secondary result of
the TMDL study was to calculate suspended concentrations going into Lake
Whatcom.
A secondary result of the TMDL study was data on suspended matter
concentrations and loads going into Lake Whatcom. Tributaries contribute about 59
percent of the known total mercury sources. Non - atmospheric contributions from
regional and global sources is 41 percent. He estimates the input from the City of
Bellingham sewage sludge incinerator contributes about .1 percent of the total
mercury load. However, he cannot verify that these are the only sources of
mercury into Lake Whatcom. In order to be convinced these are the only sources,
he has to look at mercury output. They need to know the amount of water and
sediment are going in and out. The City of Bellingham has a good handle on the
water balance of Lake Whatcom. He tried several methods, but could not get the
balance of sediments to be consistent with what he's seeing settle into the bottom
of Lake Whatcom. There is a large data gap in sediment sources.
Regarding biogeochemical mercury concentrations, the fine grain sediments
control transport of mercury throughout lake Whatcom. In contrast to total
mercury, methyl mercury in sediments is controlled by total organic carbon content
in the sediment. Basin one has the highest organic carbon content and the highest
methyl mercury concentration due to the eutrophication process. Methyl mercury
concentrations in basin three is low because the organic carbon content is low.
Mercury concentrations in the upper water column are low. The
concentrations are much lower than the drinking water standard. However, the
majority of mercury in the lower water column in basins one and two is methylated,
which can lead to bio- accumulation.
The conclusion on the biogeochemistry component is that the bio- availability
of mercury in Lake Whatcom is directly related to the cycling of organic carbon and
organic matter.
Regarding suggestions for future areas to study, the mercury transport
around Lake Whatcom is controlled by the dynamics of the transport of fine
sediments. They need to understand sediment dynamics of Lake Whatcom. Have
Natural Resources Committee, 9/14/2004, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
a better understanding of where the sediment particles come from. Have a better
understanding of the bio- accumulation in fish. Concentrate on the habitat of the
fish and where the fishermen catch the fish.
Caskey- Schreiber asked about the conclusions regarding the lower water
column. In basin one and two, he noted a higher degree of accumulation in the
exchange to methyl mercury. She asked what they can expect to happen in that
area if it's disturbed. She asked if there are precautions the County should take.
Paulson stated the information was taken from 2002 when the bottom water was
separated from surface layer due to stratification. This was the worst case
scenario. The mercury in the methylated form will be mixed in the water column.
Mercury is very reactive to the presence of oxygen. The bond between methyl and
mercury will break up in the presence of oxygen, when the water column turns
over.
Caskey- Schreiber asked if they should take precautions about fishing in
those areas during the summer months. Paulson stated fish won't be down there.
Most organisms will have gotten out of there. There is potential for transformation
into the biological food web.
Caskey- Schreiber asked if this situation is similar to other lakes, in terms of
stratification. Paulson stated stratification is a normal process in many lakes. He
hasn't looked into any other lakes. They are sampling other lakes for information
on deposition and wind pattern. He didn't look at the geochemistry of those lakes.
Roy stated it sounds as if the mercury is transported by sediment into the
lake. Paulson stated the atmospheric transport is the most significant. A small
component would be the particles released as part of stack emissions. Most of the
transport will occur and is associated with rain. The transport of sediment comes
from tributaries where mercury may have fallen. About every five years, one
centimeter of sediment has come from the tributaries.
Fleetwood asked if there is a public health response that is warranted in
excess of what they're already doing in light of this study. Paulson stated they
already have the fish warnings. The water concentrations in Whatcom County and
most of the tributaries are less than the chronic water quality standards. It is much
less than the drinking water standards.
Caskey- Schreiber asked if Mr. Paulson noticed an upward trend in the methyl
mercury in the lower water column. Paulson stated this analysis was done only
once, in 2002. It's very expensive to get this level of sensitivity in testing. The
regulatory community is only now beginning to use this sensitive technique. The
City of Bellingham began looking at the water concentrations at the gatehouse and
Nooksack diversion when they saw these results. They realized the importance of
doing mercury analysis correctly. Shortly after this data was available, the City of
Bellingham initiated monitoring in the lake, diversion, and gatehouse using this
sensitive and expensive technique.
Natural Resources Committee, 9/14/2004, Page 4
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
1
2 Roy asked if the monitoring is something that they need to continue.
3 Paulson stated it fits in with the eutrophication process that the Health Department
4 is looking at. The bioavailability of mercury depends on the transport and cycling
5 of organic carbon and organic matter. If they want to have a handle on the health
6 of basin one, continue these types of studies.
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8 Bruce Roll, Water Resources Division Manager, stated they have to look at
9 this in the context of nutrient cycling, and the inputs that stimulate the increases in
10 organic matter. The TMDL is going forward because phosphorus being pushed into
11 the lake will stimulate growth, and organic levels go up. This indicates that as they
12 stimulate environments with low oxygen with additional organic matter, they will
13 see an increase in methyl mercury. Deal with the inputs that stimulate
14 development of methyl mercury. Separate the amount and concentration detected
15 here and the detection in drinking water supplies. This is an issue of
16 bioaccumulation. It shouldn't be construed as a worry or threat to the drinking
17 water. Levels are very low levels, which are a thousand -fold less than drinking
18 water standards. Manage differently as fisheries versus as a drinking water
19 manager.
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21 (Clerk's Note: End of tape one, side A.)
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23 Al Hanners, retired geologist, stated he studied mercury in this area without
24 access to core data. He came to the conclusion, based on more regional studies,
25 that the source of mercury in Lake Whatcom was atmospheric. It's the same
26 conclusion as Mr. Paulson's conclusion. He complimented USGS and Mr. Paulson on
27 this study. He also complimented the Council and other entities for hiring Mr.
28 Paulson for this study.
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30 He asked the relationship of water without oxygen as important to methyl
31 mercury. The organic matter is important. The oxygenated water and the water
32 without oxygen gets mixed due to lake turnover. That might not matter as long as
33 the whole basin isn't lacking oxygen.
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35 Paulson stated once oxygen is used up, the bacteria are looking for other
36 oxygen donors. First they use oxygen, then they use the nitrate in the water to
37 oxidize organic matter. Last, they go after the sulfate. Bacteria are looking for the
38 oxygen in sulfate to oxidize organic matter. Methyl mercury is a byproduct of
39 bacteria transforming the sulfate into hydrogen sulfide, which uses up the oxygen
40 from sulfate. They usually only find methyl mercury in high concentrations when
41 there is little oxygen.
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43 Hanners asked the relative significance of the formation of methyl mercury in
44 the various basins in accordance with the amounts of organic matter and oxygen.
45 Paulson stated they haven't looked at it enough to put the whole puzzle together.
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Natural Resources Committee, 9/14/2004, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Hanners stated this question has been raised locally. Paulson stated they
have only ten pieces of a 50 -piece puzzle.
Hanners asked for a comment on the smelter in Tacoma. That could have
contributed mercury here. Paulson stated that would be considered part of the
global and regional input. The smelter was shut down around 1980.
McShane stated the work is well done. He appreciated the USGS stepping in
and getting involved. It goes a long ways toward getting rid of the myths around
this issue. Paulson stated this work was based upon existing data from the work of
the DOE staff, City of Bellingham, and others.
COMMITTEE DISCUSSION AND RECOMMENDATION TO COUNCIL
1. DISCUSSION AND BACKGROUND INFORMATION REGARDING THE
JORDAN EXPLORATION COMPANY CONTRACTS ON FUTURE PDR
PURCHASES AND PERMITTING OF GAS EXPLORATION PROJECTS
(AB2004 -306)
Kraig Olason, Senior Planner, stated farms from which the County tried to
buy development rights all had gas exploration contracts with Jordan Exploration.
These contracts allow for a variety of uses on the properties.
Rod Thompson, State Department of Ecology (DOE) hydro - geologist, stated
the DOE has had a minimal involvement with oil and gas drilling because it is the
jurisdiction of the State Department of Natural Resources (DNR). However, in the
permitting process, there are water quality concerns about drilling any oil and gas
well, which includes this coal bed methane. In the past during permitting
processes, the DOE was involved. In the Revised Code of Washington (RCW) and
Washington Administrative Code (WAC) for DNR, there are several requirements
that address protection of ground and surface water quality. There has been very
little drilling that has actually taken place in the state. Because of that, the DOE
has not delegated resources to address drilling. He talked with people at DNR.
Every time there is a rise in oil and gas prices, there is a flurry of leasing activity.
As prices go down again, the leases expire, and little drilling activity occurs.
One example was a complaint about a well being drilled by Jordan
Exploration north of Lynden. The Bellingham Office of DOE looked into it. He was
contacted about a nearby drinking water well. That process spurred a meeting
between local and State agencies to look at the permitting process. They noticed
that the DOE needs to follow up on reviewing these applications. A process needs
to make sure there is a plan designed where the local county is contacted, and DOE
is assured that the drilling process is reviewed for potential hazardous effects to
human health. It would look at mud pit concentrations and waste, identify primary
parameters of potential contamination, and address these issues through the DNR
permit.
Natural Resources Committee, 9/14/2004, Page 6
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Methane gas is normally a shallow gas found in coal beds. He provided
handouts that list the information they will require from any drilling (on file). They
look at wells that are 500 to 3,000 feet deep, where the coal is found. When the
company produces these wells, a lot of water is produced with the gas. The DOE
needs to know what happens to this water. The water must be disposed of
properly.
Brenner asked if there is a potential for the methane getting into someone's
house through their well. Thompson stated there is a potential of getting into the
water well, but not necessarily into the house. There is a casing to protect the
drinking water aquifers. If they are going to explore and do drilling, the DOE needs
to keep track of water quality issues.
Caskey- Schreiber asked if sensitive salmon habitat ecosystems would be a
component in the review of water discharge. Thompson stated it would. Surface
water is one of the largest concerns. The plan has been to contain all surface water
that could be contaminated. They may get DNR to require that as part of the
permit. They are negotiating the permit right now. The DOE gave the DNR
recommendations to improve the DNR's water quality protection during the drilling
process. The DNR rewrote its permit, and is at the State Attorney General's Office
to see how many of the DOE's recommendations can be included in the permit
process legally. They will be able to address the major concerns of control over the
mud pit systems and production water.
Roy asked where the County fits into the permitting process. Thompson
stated the issues will be addressed through the DNR permit. The permit will require
the applicant to contact the solid waste staff of the county in which the drilling will
occur. The health department will look at the plans also. The DNR will stick to
that, and doesn't think it will be an issue.
Caskey - Schreiber asked if this site on Pangborn Road is one of the first sites
in the state. Thompson stated there was drilling that dated back to World War II.
Drilling has been scattered around the state. There hasn't been a commercial
production field in Washington.
Caskey- Schreiber stated there are many lease agreements on a lot of
agricultural land. If they draw the water out and leave it contaminated, it would be
devastating to the county. Thompson stated they would have to de -water the
wells. That is a concern.
Caskey- Schreiber stated something like that could derail the water resource
inventory area (WRIA) planning process.
Fleetwood asked for clarification on the role of the County Health
Department.
Natural Resources Committee, 9/14/2004, Page 7
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Jeff Hegedus, Environmental Health Supervisor, stated his first experience
with regulating gas exploration in Lynden was last year. The Health Department
investigated a public complaint about a concern with their water quality based on a
drilling operation. Jordon Exploration was drilling in violation of State regulations.
The DNR wasn't aware of or able to oversee this operation. The permit issued
stated the DOE would oversee their waste management, which wasn't the DOE's
role. The operators were to develop their own waste management plan. The DOE
deals with the polluting of surface or groundwater. As a result of the complaint and
investigation, Jordon properly disposed of all their waste and completed their
project. The DOE and DNR met to tighten down their permitting process. The DNR
feels it is too thin on resources for site specific oversight and that it doesn't have
the proper knowledge yet. A local health department can provide some oversight,
but it can't carry the weight of the permitting agency, which is the DNR.
Caskey- Schreiber stated she's surprised that this company doesn't know how
to implement best management practices in their waste management. She asked if
their leases could be considered void. Hegedus stated the DNR did say they had to
comply with state regulations.
Caskey- Schreiber stated that if the citizen hadn't complained, there would
have been a catastrophe, and the County would have to clean it up. Hegedus
stated that in this case, the catastrophe was averted. The citizen's well met the
drinking water standards.
Roy asked if the Department of Agriculture is not willing to go forward with
purchases of development rights (PDRs) with these drilling leases. Olason stated
that the current landowner contract with Jordan Exploration is quite broad. He
wants measures to further limit a freely - granted contract that is from the
landowner to the exploration company. Limit what's listed in the contract. He will
look at the contract amendment that he's proposing. The contract amendment
seems to be okay with Jordon and Natural Resources Conservation Service (NRCS).
The amendment is between Jordon and the landowner. He suggested that the
County require the landowner get this signed and recorded to amend the
landowner's contract with Jordan. Items one through five in the lease amendment
address several issues and provide for contact with the County prior to drilling.
Fleetwood asked what the USDA didn't like about the contract. Olason stated
they didn't like how broad the contracts are. The USDA feels the amendment is
adequate.
A threat bigger than de- watering is if the operator spreads polluted water on
the ground. The County will be in the loop on the parcels for which it owns
development rights. It may be something the County will have to take a real
strong position on.
McShane stated he supports the amendment. He asked if they should look
at development standards and zoning in terms of the footprint of these operations
Natural Resources Committee, 9/14/2004, Page 8
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
beyond the lease parcels. The agricultural zoning is to preserve agriculture.
However, this use provides a decent return to the landowners. Olason stated he
can look into it. The County is preempted from having land use regulations be
overly restrictive of oil exploration or drilling. It depends on how intense the
company extracts. If they did it, it would maximize its investment by doing a lot of
extraction. One limitation locally is there are a lot of gas lines in the ground.
McShane stated there is also a lot of water.
Roy asked if the councilmembers object to the amendment.
Fleetwood moved to approve the amendment.
Motion carried unanimously.
Caskey- Schreiber asked if there is anything they need to put in the
amendment saying the landowners should not renew the leases when they expire in
2008. Olason stated that if the County has an easement on the property, it would
have to be involved in any lease.
Caskey- Schreiber stated they have to educate the community about signing
these leases.
OTHER BUSINESS
There was no other business.
ADJOURN
The meeting adjourned at 11:02 a.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Sharon Roy, Committee Chair
Natural Resources Committee, 9/14/2004, Page 9