Expert in Waterway Project Planning & Engineering Design, EIS's, Permitting, Contaminated Sediment Remediation
The processes associated with stepping through the “Project Continuum” associated with today’s high complexity/high diversity land-forming and waterway engineering projects are overwhelming. To progress through the gauntlet, each project must comprehensively address a spectrum of key project elements [project strategy/strategic plan, community involvement/acceptance, project magic (energy and enthusiasm to move the project forward), regulatory/permitting, funding/financial viability, and stakeholder/team roles and responsibilities] while simultaneously stepping through the various project phases [Planning – creating the vision and relevance; Design – Engineering Design; Environmental Review (EIS), Permitting, Land Ownership, and Stakeholder Agreements; Construction; and Operation including adaptation for new or modified use over time]. Because the project elements and phases are highly interdependent; changes or risks made to any single element may also cause changes to project schedule (phases), cost, quality, and other project goals.
Expert understands that a huge challenge facing each project is how to organize (orchestrate) the array of activities and issues to coalesce into a single common project story which adequately satisfies all interests and allows for the project to proceed in a rational, efficient manner. Expert has found that significant project streamlining and efficiency improvements to the “project continuum” are readily achievable by providing up-front project strategies that provide project guidance to move efficiently through the various project phases. Key to these plans is pre-identification of the “interim success criteria” for each project element which needs to be satisfied prior to moving to the next project phase. He has discovered that projects which step through the project continuum phases in rational, sequenced manner without skipping critical elements or stages can be greatly accelerated and improve the clarity of accountability for any risk.
Expert understands how to look at the multitude of project issues and risks in a comprehensive and organized manner. His experience working with all phases (from early vision through operation) of projects and deep understanding of how the regulatory (EIS) and permitting phases link with project engineering design allows him to both craft overall project plans or to be of strategic and technical assistance for detailed issues of concern.
Waterway Project Planning and Engineering Design, EISs, Permitting, and Contaminated Sediment Remediation
Expert has extensive experience, initially with the Environmental Protection Agency and subsequently as a consultant helping public and private clients navigate their waterway engineering and contaminated sediment remediation project planning, environmental review, and permitting processes. He understands all project phases including but not limited to: project planning and financing; study development, sediment testing and evaluation; engineering design including EIS preparation, permitting, and agency negotiation; project construction; project operation including long-term monitoring, maintenance and adaptation; and expert witness support against legal challenges. He has provided consulting assistance to numerous government, port and industrial clients and worked closely with local, state, and federal agencies, Indian Nations, and environmental groups while working on these projects.
Because of the land/water interface usually associated with these projects, virtually all upland and water-based land use and environmental planning and regulations tend to be triggered. As a result, Expert has extensive knowledge of NEPA/SEPA as well a host of other local, state and federal regulations and permitting requirements applicable to these projects including disposal requirements.
Expert’s consulting experience associated with waterway engineering and sediment remediation projects includes all aspects of the project construction continuum, including but not limited to: client marketing/relationships, proposal preparation, project management, project strategic planning, project surveys, evaluation and study design/implementation, environmental review, remedial investigation/feasibility study (RI/FS), engineering and regulatory alternative analyses including clean and contaminated sediment handling and disposal, NEPA/SEPA, engineering design, staff and consultant management including statement of work and budget/schedule preparation and implementation, staff mentoring and training, public involvement, securing permit authorizations, agency review, compliance, regulation development and expert witness support.
Expert brings a big picture perspective to every project that he works on. He understands how the differing processes and project needs can fit together. He is comfortable only when the client’s goals and objectives are integrated and matched to the multiple overlapping project needs and financing, planning, environmental review (EIS) and permitting requirements.
Port of Everett, Marine Terminal Improvements Project:
Expert was responsible for managing work efforts including engineering design, Puget Sound Dredged Disposal Analysis (PSDDA) sampling and analysis, permitting, environmental review, dredging and disposal plan, construction observation, and expert testimony. Supervised staff efforts and coordinated products and strategy directly with the Port of Everett project manager.
This project was instrumental in providing the Port of Everett with a valuable new terminal facility while simultaneously remediating most of the Port’s submerged properties of contaminated sediments. The project was largely paid for via insurance coverage associated with remediation of the contaminated sediments.
Expert worked closely with the Port project manager to coordinate and integrate the design, environmental review and permitting elements to allow for these traditionally diverse goals to work together.
Key areas of engineering design, permitting, and environmental review included planning, alternatives analysis, dredging and disposal design, permitting/environmental review strategy development and implementation, PSDDA sampling and analysis plans, construction observation, and expert testimony. Represented the Port in numerous negotiations with resource agencies regarding environmental permitting. Participated in preparation of the SEPA EIS. Prepared the Clean Water Act 404(b)(1) alternative analysis. Prepared the draft Washington Department of Ecology 401 Water Quality Certification. Prepared the draft Corps of Engineers 404 Decision Document. Supervised staff preparation of and provided quality control review of the dredging and disposal plans and specifications, including contaminated sediment confinement. Supervised staff responsible for project construction oversight. Provided expert deposition testimony relating to insurance coverage for the project.Port of Kennewick, Clover Island Redevelopment Project:
Expert was responsible for managing work efforts including engineering hydraulic modeling, project design, and regulatory/permitting strategy development. Supervised staff efforts, and coordinated products and strategy directly with the Port of Kennewick project manager.
This project involved placement of approximately 20 acres of fill in the Columbia River to support mixed-use development for the purposes of reversing the economic and environmental decline of the existing island. Hydraulic modeling was utilized to help design the shape of the fill. This in-turn was coordinated with the project permitting and environmental review strategy development. The proposed project integrated all these elements together with the end project providing a positive economic development while simultaneously providing habitat enhancement for migrating juvenile salmonids.
Key areas of permitting/environmental review strategy and technical support included 404 (b)(1) alternative analysis, SEPA/NEPA EIS preparation, agency negotiations, literature review and primer for mixed-use development, and master use development plan including economic analysis. The draft EIS was prepared in format to simultaneously address SEPA, NEPA, and 404(b)(1) requirements.City of Edmonds – Plan of Action & Milestones for ESA/Storm water:
Prepared a Plan of Action & Milestones for the City of Edmonds, including Guiding Principles and Adaptive Management Plan, to guide City efforts in reacting to and integrating competing requirements of the following laws and regulations:
- Shoreline Management Act Master Program Revisions
- Growth Management Act Critical Areas Ordinances
- Phase II Storm water NPDES permit
- Washington Department of Ecology Storm water Technical Manual
- Endangered Species Act
- Water Resource Inventory Area #8 Watershed Management Plan
The Plan of Action identifies specific actions that the City should take to minimize legal risk and to best assure coordinated and consolidated compliance with all of the above laws and regulations.
Port of Bellingham, Blaine Harbor Expansion:
Expert was responsible for managing work efforts including engineering and mitigation feature designs, PSDDA sampling and analysis, permitting, environmental review, and dredging and disposal plan. Supervised staff efforts and coordinated products and strategy directly with the Port of Bellingham project manager.
This project resulted in approximate doubling of the size of the Blaine Harbor marina while simultaneously creating a new habitat mitigation feature in Drayton Harbor. The mitigation feature was created using the material dredged to create the marina expansion. The feature has been tremendously successful with extensive eelgrass beds colonizing its surface. Expert worked closely with the Port project manager and consultant team to coordinate and integrate the design, environmental review and permitting, and mitigation elements to work in concert with each other.
Key areas of permitting/environmental review and technical support included permitting/environmental review strategy development and implementation, PSDDA sampling and analysis plans, dredging and disposal design, and mitigation feature concept and design. Represented the Port in numerous negotiations with resource agencies regarding environmental permitting. Participated in preparation of the SEPA EIS. Prepared the State Environmental Policy Act (SEPA) Environmental Impact Statement (EIS) and Clean Water Act 404(b)(1) alternatives analyses. Prepared the draft Washington Department of Ecology 401 Water Quality Certification. Prepared the draft Corps of Engineers 404 Decision Document. Supervised staff preparation of and provided quality control review of the dredging and disposal and mitigation feature design plans and specifications.
Port of Tacoma Sitcum/Blair/Milwaukee Waterway Fill and Mitigation:
Authored the Clean Water Act 404(b)(1) and CERCLA project alternative analyses to assure compliance with Applicable or Relevant and Appropriate Requirements (ARARs). The alternative analyses included an evaluation of disposal alternatives (including upland, near shore and confined aquatic disposal) for contaminated and clean sediment based upon ability of available technology and equipment to meet consent decree requirements. Assisted with the preparation of the Remedial Investigation/Feasibility Study (RI/FS) dredge and fill plan. Also developed and implemented the Puget Sound Dredged Disposal Analysis (PSDDA) sampling and analysis plan to dredge 590,000 cubic yards of sediment from the Blair Waterway. Provided expert testimony regarding insurance coverage for contaminated sediment remediation that was secured largely paying for the entire project.
Expert may consult nationally and internationally, and is also local to the following cities: Seattle, Washington - Tacoma, Washington - Bellevue, Washington - Everett, Washington - Federal Way, Washington - Kent, Washington - Bellingham, Washington - Lakewood, Washington - Renton, Washington
|Year: 1974||Degree: Masters of Science||Subject: Civil Engineering||Institution: University of Washington|
|Year: 1972||Degree: Bachelors of Science||Subject: Civil Engineering||Institution: University of Washington|
|Years: 2006 to 2008||Employer: Parametrix||Title: Senior Engineer||Department:||Responsibilities: Expert provided engineering design and permitting support to replace the Alaskan Way Viaduct in Seattle, Washington. He developed design team materials including: 1) A template to identify and sort through the WSDOT and City of Seattle standard and special provisions, and determine which design standards are to be used, 2) Analysis of project risks and potential mitigation actions, 3) A template to compare stormwater and dewatering requirements of multiple overlapping agencies, and 4) A project continuum flow chart organized by project milestones identifying the type and quality of information required at each project step to timely support the major project elements (i.e., engineering design, right-of-way, environmental review, agreements, and permitting).
Expert's project responsibilities for the Arkema Sediment Remediation Superfund Site (Portland, Oregon) included project management and technical support. Prepared technical reports addressing potential contaminant pathways including methods of control, and remediation design analysis including dredging and material handling techniques and probable major issues of critical project concern. [Note: The site is an abandoned facility formerly producing DDT and other chemicals that caused extensive sediment contamination in the Willamette River.]
|Years: 2001 to 2006||Employer: CRK Environmental Management||Title: President||Department:||Responsibilities: Expert acted as an independent consultant helping clients with their project development, planning, engineering design, and permitting needs.
He initiated and directed regulatory permit reform resulting in State legislation (Senate Bill-5694 passed unanimously) to develop and test the Integrated Permitting System (IPS) to integrate the engineering design and environmental review processes. Prepared guidance materials to allow for IPS testing and implementation for the Washington State Department of Transportation.
He revised the Port of Skagit County's State Environmental Policy Act (SEPA) Resolution to work more efficiently with ongoing design and maintenance projects. Reviewed the Port’s administrative and regulatory processes. Identified actions to integrate the annual funding approvals (capital and maintenance activities) with SEPA and RCW 53.20 (Comprehensive Scheme of Harbor Improvements) requirements.
He prepared a Plan of Action, including Guiding Principles and Adaptive Management Plan for the City of Edmonds, Washington, to integrate competing and overlapping requirements for numerous laws and regulations.
|Years: 1998 to 2001||Employer: GeoEngineers, Inc.||Title: Principal||Department:||Responsibilities: Expert was responsible to research and support new company market area evaluation/development to respond to the Endangered Species Act (ESA) salmon, steelhead and bull trout listings.
Expert also chaired the American Council of Engineering Companies ESA Task Force. Established communication and liaison among ESA regulators and ACEC member organizations.
|Years: 1990 to 1998||Employer: Hartman Associates, Inc||Title: Vice President||Department:||Responsibilities: Expert was co-owner and Vice President. He co-directed the strategic development of the premier consulting firm in the Nation specializing in waterway dredging and disposal, and contaminated sediment remediation. He managed and directed day to day business operations, including business development, marketing, and contracting. The company was acquired in 1997 by the Foster Wheeler Environmental Corporation.
His areas of technical expertise and responsibility included: project planning and management, dredging/disposal studies, EISs, permitting (including 404(b)(1) and engineering design dredging and disposal alternatives analyses for contaminated and clean sediments), engineering project and mitigation feature design, construction observation/compliance, and litigation support.
|Years: 1987 to 1990||Employer: CRK Environmental Management||Title: President||Department:||Responsibilities: Expert acted as an independent consultant helping clients with their project development, planning, engineering design, and permitting needs.|
|Years: 1973 to 1987||Employer: U.S. Environmental Protection Agency||Title: Environmental Engineer||Department: Region X and Headquarter Offices||Responsibilities: While with EPA, Expert was responsible for:
1) Preparing and issuing NPDES Industrial Wastewater Discharge permits, 2) Preparing National NPDES Wastewater Effluent Guideline regulations for the Aluminum Forming and Copper Smelting industries, 3) reviewing project permit applications for the Corps of Engineers 404 (b)(1) Construction permit program and providing EPA response, 4) developing and implementing the interagency comprehensive dredged material disposal plan for Puget Sound, 5) determining whether dredged sediment could be disposed of in Puget Sound or must be otherwise confined.
|Associations / Societies|
|Puget Sound Endangered Species Act Business Coalition,
Western Dredging Association,
Marine Technology Society
|Licenses / Certifications|
|Registered Professional Civil Engineer (Washington)|
|Fellow, Cascadia Center (Discovery Institute)
|Expert Witness Experience|
|ExpertKassebaum's expert witness experience has involved issues associated with water pollution and sediment contamination issues. Most of the testimony involved depositions for cases that were settled. However, one case was in front of the State of Washington Shoreline Hearings Board and another in bankruptcy court.
Issues and expertise testified to were: dredging and contaminated sediment handling techniques, regulatory requirements and ability to implement projects, insurance coverage, aerial photogrammic interpretation, environmental guidelines and protective measures to protect sensitive species, and engineering and regulatory alternative analyses.
|Training / Seminars|
|Integrated Permitting System (IPS) is a proposal that Expert developed to integrate engineering design and regulatory/permitting project components into a single combined process. Numerous presentations were given when state legislation was being made into law to test the IPS provisions. The following is a brief description of the IPS:
"Today’s environmental review and permitting processes are nearly impossible to navigate. They are disjointed and characterized by multiple overlapping and uncoordinated government regulations. Most importantly, these processes are not publicly visible or understandable. An incredibly difficult and expensive regulatory maze faces every project and applicant.
The Integrated Permitting System (IPS) addresses these issues by developing a project-based (rather than agency administrative-based) regulatory system. All relevant analyses needed to support project authorization are integrated and contained in a single stand-alone project "Support Document”. The project Support Document is then relied upon by each individual agency to support the issuance and conditioning of its specific permit(s).
The project Support Document is prepared incrementally over time and works toward predefined critical Interim Decision Events. Unique elements of the process include:
Reliance on a project Work Plan that directs the interagency cooperation and public involvement.
Lead agency and applicant maintained website which provides unrestricted public access to the only “official” project Support Document.
IPS and project Support Document Benefits include:
• A Single consistent organized project story, located in one place and serving multiple purposes.
• An open public process that is transparent and accessible.
• “No Surprises” because only one official version of the project Support Document is available at any one time. Concurrent with each public noticed Decision Event the project Support Document is revised and becomes the new “official” project story.
• Provides a complete and organized project administrative record, which is instantly available and ready to use.
|Expert's experience with the dredging and waterway engineering community relating to both economic development and sediment remediation projects is substantial. The following paper titled " Expert Sediment Experience Musings" provides insight regarding issues associated with these project types.
The Corps Waterways Experiment Station (WES) used elutriate testing as the basis for all of its analyses for years. When I first started work in the 404 program at EPA Region X, other than PCB testing, this was all we tested for with sediments in Puget Sound. Not surprisingly all the tests passed. Later as part of the TOTE dredging project in Tacoma (about 1985), WDOE tested for bulk analyses for the first time. Everyone was surprised to see the high levels of contaminants in the sediments yet the elutriate samples passed easily. This project revolutionized the way sediment testing was done nation-wide.
Lesson learned – In water environment and especially salt water (high pH) environment, contaminants find a sediment particle to glom onto; seldom do the contaminants go into the dissolved state. This principle has been demonstrated over and over again subsequently by numerous capping and nearshore confinement projects. The key management principle is that the adverse environmental effects of sediment contamination are usually avoided provided 1) the contaminated sediments are stabilized (isolated) so that they don’t physically move, and 2) adequate barrier to prevent contact with overlying aquatic organisms is provided.
It depends on the environment. Slag used as base material in log yards is a disaster. The log handling equipment broke up the slag into ever finer particles with greater surface area, and then when the rainwater leached tannic acid (low pH) from the stored logs, a perfect storm to create heavy metal leachate into the Commencement Bay Waterways occurred.
Conversely slag which was dumped off the edge of the smelter into Commencement Bay has created absolutely wonderful habitat for aquatic organisms. In this case, the seawater pH is high enough to immobilize the heavy metals in the slag.
Lesson learned: pH is critical when addressing pollutants containing heavy metals.
Capping whenever achievable is one of the least costly remediation options and is very effective. Examples of early projects with capping include Simpson in Tacoma and thin layer capping of Eagle Harbor. In about 1992, the Parametrix/Hartman team recommended to WDOE as part of a Gas Works Park offshore remediation sediments contract that: Use the clean dredged sediments (available at that time) and place a thin layer cap over much of the site. Then monitor to determine effectiveness. Recommendations were not taken; significant expenditures to determine appropriate remediation are ongoing today. In all likelihood, the solution selected for remediation will be controlled capping. Ongoing concern remains about the potential for site recontamination, but in interim nothing has been done.
4-Mile Rock Disposal Site – As part of the early PSDDA evaluations, it was determined that the 4-Mile Rock dredged material disposal site would be terminated when a new site was found. The reason for this, in part, is that the site was highly contaminated by the past dredged material disposals at the site. The agreement reached among agencies was to use the site for very clean sediments until the Elliott Bay site was opened officially as part of the PSDDA process. This was done and the 4-Mile Rock site closed. Metro/King County subsequently collected surface grab samples from the 4-mile Rock site and discovered that the disposal operations, using only clean sediments, effectively remediated the site. This positive information has never been broadcast to the community at large.