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Whatcom County Planning and Development Services 5280 Northwest Drive Bellingham, Washington May 11, 2012

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Whatcom County Planning and Development Services 5280 Northwest Drive Bellingham, Washington May 11, 2012 Whatcom County Planning and Development Services 5280 Northwest Drive Bellingham, Washington May 11, 2012 Comments concerning the April 16, 2012 Notice of Application: Gateway Pacific Terminal major development permit, variance and shoreline substantial development permit Communitywise Bellingham (CWB) has provided your office our briefing paper to the Bellingham City Council under separate cover. That submission also included an annotated bibliography and an independent transportation consultant’s review of the railroad corridor through Bellingham upon which our findings stand. URL's to these attachments are included below. CWB claims no special expertise in transportation planning itself, but provides these comments as part of our role to "inform the conversation." Our primary mission is to research facts and present them to the community in order to advance understanding of potential impacts on Bellingham as well as what might be done to eliminate or to mitigate them. We believe the finding that there is insufficient capacity through Bellingham for GPT as planned has been well established by WSDOT and the transportation experts. What we add to the conversation here is the common sense notion that if the new railroad yard at Custer is directly related to the project and therefore included the permit application, then additional Whatcom County infrastructure that is essential to allow the planned volume of trains to actually reach that yard should also be included in the permit application. The South Bellingham siding extension has been identified as the preferred infrastructure solution that would enable the planned volume of trains to reach the Custer facility. That siding would have major impacts that threaten long established community plans and investments for connecting Bellingham with the Bay. We have included URL's below to a map of that siding on Bellingham’s waterfront and an overview discussion of impacts and mitigation opportunities keyed to the map. The Transit Safety Management report offers no reason to believe that there is any alternative solution available. WSDOT recently applied nearly $100 million in windfall TARP monies to projects pulled in whole from these same WSDOT plans. The siding plan is essentially shovel ready except for an EIS. We believe that complete infrastructure plans to allow the additional 18 trains a day through the Bow to Ferndale bottleneck need to be included in the permit application. Assurances that this siding will not be needed or that capacity problems can somehow be taken care of later may be put forward. In light of the compelling evidence that the South Bellingham siding extension is required, any such suggestions would be meaningless without a formal independent capacity analysis of a detailed alternative proposal. We understand that BNSF has not announced specific plans. The WSDOT documents show there were several minor adjustments in siding location considered and rejected as being inferior to this location. It is the only siding that has been preliminarily engineered, budgeted, and included ever since as the preferred solution in planning and simulations. Note that even all the rejected siding locations included major infrastructure construction and concomitant environmental impacts in or close to Bellingham. As close observers of the public process, we have been pleased with the professional manner in which all the Agencies have dispatched their responsibilities. We see no fault by the Agencies in this case. It is reasonable to assume that SSA Marine had no knowledge of this siding requirement and that BNSF thought of the need as simply "business as usual.” That being said, the omission represents a serious defect in the current permit application that needs to be corrected. If left unaddressed it could lead to future litigation that would slow the process to no one's benefit. BNSF should be asked to submit detail plans for all infrastructure required in Whatcom County to insure delivery of the additional 18 trains a day through the Bow to Ferndale bottleneck. That information is needed as a supplement to the permit application. Thank you for consideration of our comments. Sincerely, Shannon Wright Executive Director Links Bellingham City Council Briefing http://www.communitywisebellingham.org/wp-content/uploads/2012/05/CWB-RR-Impact-Briefing-to- Bham-CC-Final.pdf Annotated Bibliography http://www.communitywisebellingham.org/wp-content/uploads/2012/05/BibliographyWithExtracts.pdf Transit Safety Management Capacity Study http://www.communitywisebellingham.org/wp-content/uploads/2012/05/Bellingham-coal-trains-final- 022312.pdf South Bellingham Siding Map http://www.communitywisebellingham.org/wp-content/uploads/2012/05/Waterfron-Impacts-Map.pdf Discussion Keyed to Map Locations http://www.communitywisebellingham.org/wp-content/uploads/2012/05/Map-Impacts-Text.pdf From: Tyler Schroeder To: Stephanie Drake Date: 5/11/2012 7:57 AM Subject: Fwd: Followup - Bellingham City Council Breifing Attachments: CWB RR Impact Briefing.pdf; CWB Briefing BibliographyWithExtracts.pdf; Bell ingham coal trains final.pdf Here is a report that should be put on the website under the NOA section. Thanks, Tyler Tyler R. Schroeder Planning Manager Phone: (360) 676-6907 ext. 50202 Fax: (360)738-2525 Email: [email protected] Address: Whatcom County Planning and Development Services 5280 Northwest Dr. Bellingham, WA 98225 >>> Jack Delay <[email protected]> 5/10/2012 3:05 PM >>> Hello Tyler Patricia will be able to drop off a copy of the complete presentation to the City Council at your office later this afternoon. I have attached electronic copies of the three documents which we believe are of interest at this time. They will form the basis for a comment we are drafting about the permit applications and the infrastructure construction required in Whatcom County to operate the terminal. I have CC'd the other agencies as a courtesy. The Briefing paper presents the key findings. The Bibliography expands on the references in the briefing with annotated pages from the original WSDOT and other source documents. The TSM coal train report explains the principles of capacity determination and concludes in the last two pages that the findings of the WSDOT documents we cite remain valid. We asked TSM for the comprehensive explanation of how capacity is determined because we fully expect BNSF to say something along the lines "don't worry, we'll figure it out" or that the all work at Custer will somehow help. The well developed principles explained in that document show that the past WSDOT analysis, in which BNSF played an advisory role, are correct and that no improvements beyond the ends of the Bow to Ferndale bottleneck will have significant impact on capacity. --- Jack Delay, President Communitywise Bellingham Informing the conversation. CommunitywiseBellingham.org Follow us on Facebook and Twitter Communitywise Bellingham Briefing Presented to the Bellingham City Council Gateway Pacific Terminal Train Impacts on the Bellingham Waterfront May 7, 2012 Background In the fall of 2011 Communitywise Bellingham (CWB) asked individual Bellingham City Council members to identify what aspects of the Gateway Pacific Terminal (GPT) project needed clarifying information. The top issues for City Council members were 1) economic implications—the subject of CWB’s first report to the City Council—and 2) potential train traffic impacts in the City.1 In response to these issues, CWB began reviewing Washington State Department of Transportation (WSDOT) documents and other official reports on train traffic and rail infrastructure through Bellingham. We discovered that the rail section between Bow and Ferndale will form a major bottleneck for the increased train traffic that is needed for GPT to operate. The preferred plan to address this bottleneck is the construction of a new siding extending a second rail line along a major section of the Bellingham waterfront. This need for a new siding came as a surprise to CWB. This component of the project is not found in GPT documents nor has Burlington North Santa Fe (BNSF) disclosed it. This missing component was found “hiding in plain sight” within WSDOT studies and technical appendices.”2 In order to be certain that this information was not out of date and determine if newer technologies for managing train traffic, like Positive Train Control, could be employed to avoid the new siding,3 CWB commissioned a complete review by Transit Safety Management (TSM): “Potential Local Direct Effects Of Increased Coal Train Traffic On BNSF Railway Through Bellingham.”4 Because of the major waterfront impacts of the new siding and huge associated mitigation costs, CWB commissioned a second TSM study to evaluate the BNSF public statement that an alternative inland route was “impractical”: “Coal Train Routing Alternatives In Skagit and Whatcom.”5 These reports present in full the railroad operational and technical principles governing, 1) analysis of train routes, 2) increasing a segment’s capacity and 3) locating sidings. The two reports apply the latest State and County data to these principles in forming their conclusions. 1 The PFM report is available online at communitywisebellingham.org. 2 Easily accessible online documents from WSDOT describe the siding in ways that are not obvious to the casual reader, such as milepost numbers. 3 Positive Train Control is a new system required on combined freight and passenger routes by 2015. Some have suggested new controls
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