Emails pertaining to Gateway Pacific Project For September 22-28, 2012 From: "Wilson, Shannon B NWS" To: "Perry, Randel J NWS" CC: "Tong, Kristina G NWS" , "Riley, Melinda... Date: 9/24/2012 6:51 AM Subject: Special Public Notice - Gateway Pacific Terminals and Custer SpurExpansion (UNCLASSIFIED) Attachments: PITBNSF SPN.docx.pdf

Classification: UNCLASSIFIED Caveats: NONE

The attached PDF document is a Special Public Notice of intent to prepare a draft environmental impact statement for the proposed Gateway Pacific Terminals and Custer Spur expansion projects from the U.S. Army Corps of Engineers, Seattle District. To view the attached document, you will need to use the Adobe Acrobat Reader. For a free copy of the Acrobat Reader please visit: http://www.adobe.com/products/acrobat/readstep2.html

To provide any project specific comments in writing or by E-mail, please visit the link below and follow the instructions outlined in the "How to Submit Comments" section. http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PublicNotices.aspx

For more Regulatory Program information, please visit http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory.aspx

Classification: UNCLASSIFIED Caveats: NONE

US Army Corps Special Public Notice of Engineers Seattle District

R egulatory Branch Public N otice D ate: September 24, 2012 Post Office Box 3755 Expiration D ate: January 21, 2013 Seattle, 98124-3755 N WS-2008-260, Pacific International Telephone (360) 734-3156 Terminals, Inc. A TTN : R andel Perry N WS-2011-325, BNSF R ailw ays

N OTIC E OF IN TEN T TO PR EPARE A DRAFT ENVIR ON MEN TA L IMPACT STA TEMEN T FOR THE PR OPOSED GA TEWAY PACIFIC TER MINALS AND CUSTER SPUR EX PANSION PR OJEC TS

PURPOSE : The U. S. Army Corps of Engineers (Corps), Seattle District, Regulatory Branch received a Department of the Army (DA) permit application from Pacific International Terminals Inc. to construct a dry bulk goods shipping and receiving facility and an application from BNSF Railways for expansion of the Custer rail spur. Both projects are within waters of the U. S. and subject to jurisdiction of the Corps. The Corps determined the proposed projects are interrelated and may have significant individual and/or cumulative impacts on the human environment.

The Corps has entered into an agreement with Whatcom County Planning and Development Services and the Washington State Department of Ecology to prepare a joint Environmental Impact Statement (EIS) pursuant to the requirements of the National Environmental Policy Act (NEPA) and State Environmental Policy Act (SEPA). The Corps will serve as the lead agency for compliance with NEPA and Whatcom County Planning and Development Services and the Washington State Department of Ecology will serve as the lead agencies for compliance with SEPA.

The Corps invites participation in the EIS process by affected federal, state, and local agencies, Tribes, individuals, and other private interest organization and parties. Whatcom County will be issuing a SEPA Determination of Significance announcing scoping for the joint NEPA/SEPA EIS. The Corps published a Notice of Intent (NOI) to prepare a federal NEPA EIS in the Federal Register on September 21, 2012 (Fed. Reg. Vol #77). All comments received in response to the Corps’ NOI, this Special Public Notice, and Whatcom County’s Determination of Significance will be considered when determining the scope of the combined DEIS.

COMMENT RESPONSE DATE: Scoping comments and suggestions must be received no later than January 21, 2013. To be most helpful, comments should clearly describe specific environmental topics or issues which the commentator believes the document should address. NOTE: All comments received will become part of the administrative record and are subject to public release, as appropriate, in their entirety, including any personally identifiable information such as names, phone numbers, and addresses, if included in the comment.

1

ADDRESSES : Send written comments to U. S. Army Corps of Engineers, Seattle District Regulatory Branch care of GPT/BNSF Custer Spur EIS Co-Lead Agencies, 1100 112th Avenue Northeast, Suite 400, Bellevue, Washington 98004. Comments may also be submitted via e-mail to comments@eisgate waypacificwa.gov or submitted on the EIS project website at www.eisgatewaypa cific.gov.

PUBLIC SCOPING MEETINGS : Public scoping meetings will be held at the following times and locations:

At Squalicum High School, 3773 East McLeod Road, Bellingham, Washington 98226-7728 on Saturday, October 27, 2012, from 11:00 a.m. to 3:00 p.m.

At Friday Harbor High School, 45 Blair Avenue , Friday Harbor, Washington 98250 on Saturday, November 3, 2012, from 12:00 p.m. to 3:00 p.m.

At McIntyre Hall, 2501 East College Way, Mount Vernon, Washington 98273 on Monday, November 5, 2012, from 4:00 p.m. to 7:00 p.m.

At North Seattle Community College, 9600 College Way North, Seattle, Washington 98103 on Tuesday, November 13, 2012, from 4:00 p.m. to 7:00 p.m.

At Ferndale Events Center, 5715 Barrett Road, Ferndale, Washington 98248 on Thursday, November 29, 2012, from 3:00 p.m. to 7:00 p.m.

At Spokane County Fairgrounds, 404 North Havana Street , Spokane Valley, Washington 99202 on Tuesday, December 4, 2012, from 4:00 p.m. to 7:00 p.m.

At Clark College, Gaiser Student Center, 1933 Fort Vancouver Way, Vancouver, Washington 98663 on Wednesday, December 12, 2012, from 4:00 p.m. to 7:00 p.m.

During the scoping period, a continuous “online scoping meeting” will be hosted on the EIS website at www.eisgatewaypa cific.gov.

Any person requiring a special accommodation (e.g. sign language interpreter, wheelchair accommodations, etc.) for attending a public meeting must file a request with the Corps at the address in the preceding section or by calling (360) 398-5087. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341. Such requests shall need to be received by the Corps at least 72 hours before the meeting is scheduled to start.

SUPPLIMENTARY INFORMATION : Project Description . The project sites are located in Whatcom County, Washington, northwest of Ferndale and south of Birch Bay in an area called Cherry Point (Figure 1). The terminal would be developed on approximately 350 acres and would include a three-berth, deep-water wharf. The proposed wharf would be approximately 3,000 feet long and 105 feet wide, with

2

access to suitable depths provided by an approximate ly 1,100 foot long by 50 foot side trestle. Upland facilities will include open air and covered commodity storage, each serviced by an on-site rail loop. A system of conveyors would connect the commodity storage areas to the trestle and wharf. The upland facilities would also contain rail unloading facilities, roadways, service buildings, storm water treatment facilities and utility infrastructure. Development of these facilities will result in impacts to approximately 145 acres of wetlands and numerous drainage features (ditches). Mitigation for proposed unavoidable impacts to waters of the U. S. will be required to comply with the Corps 2008 mitigation rule (33 CFR 322.1). Commodities would be delivered to the Gateway Pacific Terminal (GPT) by rail via the existing BNSF Railway’s Custer Spur line from the Bellingham subdivision main line. BNSF Railway is proposing to upgrade its existing Custer Spur line with additional tracks and sidings, which will impact approximately 17 acres of wetlands, and involve modifications to two creek crossings and several drainage features (ditches). Mitigation for proposed unavoidable impacts to waters of the U. S. will be required to comply with applicable Corps requirements (Figures 3 and 4).

Permit authority. The proposed GPT project would involve work or structures in or affecting the course, condition, location, or capacity of navigable waters of the U. S. In addition, both the GPT and Custer Spur projects will involve discharges of fill into wate r of the U. S. Therefore both projects require an issuance of a DA permit pursuant to both Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344).

Alternatives. The EIS will address an array of alternatives for providing facilities suitable for the shipping and receiving of dry bulk goods (grains, ore, coal, etc.) and for handling rail traffic to the new facility. Alternatives analyzed during the investigation may include, but are not limited to, no action, alternative sites, alternative methods for shipping and handling bulk goods, alternative facility designs, and alternatives for the railroad spur upgrades. Mitigation measures may include, but are not limited to, avoidance of sensitive areas and creation, reestablishment, and/or enhancement of special aquatic sites.

Potentially significant issues. Potentially significant issues to be analyzed in depth in the EIS include, but are not limited to, project specific and cumulativ e effects on navigation (e.g. vessel traffic and navigational safety); marine aquatic habitats, including State designated aquatic reserves; marine aquatic species, including Endangered Species Act listed species and Washington State species of concern; Tribal treaty rights; wetland and riparian habitat and wildlife; railroad and vehicle traffic; cultural, historic, and archeological resources; air and water quality; noise; recreation; land use; and aesthetics.

Cooperating agencies. The U. S. Environmental Protection Agency and the U. S. Coast Guard have agreed to serve as cooperating agencies in preparation of the DEIS.

Additional consultations. The Corps anticipates consultations will be required pursuant to the provisions of Section 7 of the Endangered Species Act, Essential Fisheries Habitat provisions of the Magnuson- Stevens Act, and Section 106 of the National Historic Preservation Act. The Corps will also conduct government to government consultations with all affected tribes.

3

Permitting process. The decision whether to issue a DA permit will be based on an evaluation of the potential impacts, including direct, indirect, and/or cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably can be expected to accrue from the proposals must be balanced against its reasonably foreseeable detriments. For the discharge of fill into special aquatic sites (wetlands), evaluation of the impact of the activity on the public interest will include application of the 404(b)(1) guidelines promulgated by the Administrator of the Environmental Protection Agency (40 CFR Part 230). Development of the EIS will assist the Corps in determining whether to issue a DA permit, issue a DA permit with special conditions, or deny a DA permit.

ATTACHMENTS : Figure 1 - Project Locations Figure 2 - GPT Project Overview Figures 3 and 4 - Custer Spur project Overview

4 Figure 1 – Project locations

Custer Spur

Figure 2 – Proposed Gatew ay Pacific Terminals Project

From: "Riley, Melinda NWS" To: "Perry, Randel J NWS" CC: "Ralph, Alisa A NWS" , "Bennett, Matthew J... Date: 9/25/2012 12:53 PM Subject: Erratum - Special Public Notice, September 24, 2012 (NWS-2008-260,Pacific International Terminals, Inc and NWS 2011-325, Burlington NorthernSante Fe Railways) (UNCLASSIFIED) Attachments: Erratum GPT SPN 9_24_12.pdf

Classification: UNCLASSIFIED Caveats: NONE

Good Afternoon,

REFERENCE PROJECT NUMBERS: NWS-2008-260, Pacific International Terminals, Inc. NWS-2011-325, Burlington Northern Sante Fe Railways

PROJECT MANAGER: Mr. Randel J. Perry

PHONE NUMBER: (360) 734-3156

E-MAIL ADDRESS: [email protected]

The attached PDF document is a Erratum to Special Public Notice for a proposed project where a permit is being requested from the U.S. Army Corps of Engineers, Seattle District. To view the attached document, you will need to use the Adobe Acrobat Reader.

For a free copy of the Acrobat Reader please visit: http://www.adobe.com/products/acrobat/readstep2.html

To provide any project specific comments in writing or by E-mail, please visit the link below and follow the instructions outlined in the "How to Submit Comments" section. http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PublicNotices.aspx

For more Regulatory Program information, please visit http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory.aspx

Very Respectfully,

MELINDA C.T. RILEY Regulatory Support Assistant Special Programs Section Regulatory Branch Seattle District, Corps of Engineers

COM: (206) 764-3799 E-MAIL: [email protected]

Classification: UNCLASSIFIED Caveats: NONE

US Army Corps Special Public Notice of Engineers Seattle District

Erratum

R egulatory Branch Erratum Date: September 24, 2012 Post Office Box 3755 Seattle, Washington 98124-3755 Telephone : (360) 734-3156 Public N otice D ate: September 24, 2012 A TTN : R andel Perry Expiration D ate: January 21, 2013

R eference: N WS -2008-260, Pacific International Terminals (PIT), Inc. and N WS -2011-325, Burlington N orthern Sante Fe (BNSF) R ailw ays

ERRATUM/REVISION : This erratum corrects the websit e address on a U.S Army Corps of Engineers, Special Public Notice dated September 24, 2012. The corrected information is as follows: The Environmental Impact Statement website for the above referenced project is: www.eisgatewaypa cificwa.gov.

All other information shown on Special Public Notice NWS -2008-260 and NWS -2011-325 remains unchanged.

1 From: "Terry Melia" To: Date: 9/25/2012 10:50 PM Subject: party of record

“I am writing in response to your Notice of Application for the Gateway Pacific Terminals permits, date April 16,2012. I am requesting that you formally register me as a “party of record” or “interested party” for all proceedings and all permits. I am requesting the following concerning the permits described in your notice and all other permits or authorizations related to the terminals:

1.. Notice of all hearings by mail and by email if possible. 2.. Notice of the filing of any other applications or requests for approvals from any division of Whatcom County government, and any completeness determinations related to these, including notice of appeal periods and appeal rights. 3.. Notice and a copy of any past of present administrative or permit decision by any division of Whatcom County government, concerning any aspect of the Gateway Pacific Terminals, including notice of any applicable appeal periods and procedures, 4.. A copy of the SEPA/NEPA DS and scoping notice anticipated for the project and that you formally register me as “party of record” or “interested party” for that environmental review. Thank you Terence Melia 5049 Anderson Rd Blaine Wa 98230 360-961-9114 [email protected] From: Tyler Schroeder To: Arden Landry; Frankie Dammann Date: 9/24/2012 8:45 AM Subject: Re: Upcoming news release: SSA - Scoping Comment Period Opens

Arden,

Welcome back. Frankie and I worked on getting the site put together last week. It is scheduled to be live at 12:30 today.

Thanks,

Tyler

Tyler R. Schroeder Planning Manager

Whatcom County Planning and Development Services 5280 Northwest Dr. Bellingham, WA 98225 (360) 676-6907 ext. 50202 Fax: (360)738-2525 [email protected]

>>> Arden Landry 9/24/2012 8:34 AM >>> Hi there, Just confirming that this will go up on features today.

Thanks, Arden

>>> Tyler Schroeder 9/21/2012 10:42 AM >>> To all,

FYI, Ecology, on behalf of the GPT/Custer Spur co-leads, will soon issue the attached news release statewide + to some out of state media who have inquired on the coal terminal story. Please direct any phone calls or contact to myself at [email protected] or ext. 50202.

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 From: Tyler Schroeder To: [email protected] Date: 9/24/2012 3:09 PM Subject: Re: Scoping begins for Gateway Pacific Terminal and Custer Spurmodifications EIS Attachments: Special Public Notice - Gateway Pacific Terminals and Custer SpurExpansion (UNCLASSIFIED)

Terry,

The legal notice and display ad ran in the Bellingham Herald. There was also a display ad in the Seattle Times. It is anticipated that there will be additional display ads ran in the local paper's of which a meeting is schedule a week to 10 days before the meeting is held. The Corps issued there Special Public Notice (SPN) today as well. I have attached that email below.

Also, I would like to direct you to the Guide to Scoping document, http://eisgatewaypacificwa.gov/sites/default/files/content/files/092112-CommGuide.pdf#overlay-context=resources/project-library . I think this is a very useful document for the community on how the scoping meetings will be held.

Thanks and please let me know if I can help answer any additional questions you may have.

Tyler

Tyler R. Schroeder Planning Manager

Whatcom County Planning and Development Services 5280 Northwest Dr. Bellingham, WA 98225 (360) 676-6907 ext. 50202 Fax: (360)738-2525 [email protected]

>>> 9/24/2012 11:43 AM >>>

Tyler,

I found the SEPA scoping notice published in the Bellingham Herald legal notices section. May I have a list of the other newspapers, if any, in which you published? Also, did the Corps publish their NEPA notice anywhere other than the Federal Register?

Thank you,

Terry J. Wechsler 360-656-6180 (r), 541-913-5976 (c) "First they ignore you, then they ridicule you, then they fight you, then you win." -- Mahatma Gandhi

----- Original Message ----- From: "Tyler Schroeder, Whatcom County" To: [email protected] Sent: Monday, September 24, 2012 11:29:40 AM Subject: Scoping begins for Gateway Pacific Terminal and Custer Spur modifications EIS

The scoping period for the environmental impact statement (EIS) for the Gateway Pacific Terminal and Custer Spur modifications begins on September 24 and will conclude on January 21, 2013. Is this email not displaying correctly? View it in your browser . EIS for the Proposed Gateway Pacific Terminal and Custer Spur Projects Begins

Interested person:

The scoping period for the environmental impact statement (EIS) for the Gateway Pacific Terminal and Custer Spur modifications begins on September 24 and will conclude on January 21, 2013. During the scoping process, the Co-Lead Agencies, Whatcom County, the Washington State Department of Ecology and the U.S. Army Corps of Engineers, are interested in your comments on: Reasonable range of alternatives Potentially affected resources and extent of analysis for those resources Significant unavoidable adverse impacts Measures to avoid, minimize and mitigate effects of the proposals

All comments received during the scoping process will be considered the same way. There are many ways that you can participate in the scoping process. You can submit comments by: Mail to GPT/Custer Spur EIS c/o CH2M HILL, 1100 112th Avenue NE Suite 400, Bellevue, WA 98004 Email to [email protected] Web at www.eisgatewaypacificwa.gov In person at a scoping meeting

In addition to the online scoping meeting that is available throughout the 120 day scoping process, the Co-Lead Agencies will host scoping meetings. All scoping meetings are drop-in events where you can come at any time during the meeting and stay as long as you like.

Bellingham 11 am3 pm Sat., Oct. 27 Squalicum High School 3773 E McLeod Road, Bellingham, WA

Friday Harbor 123 pm Sat., Nov. 3 Friday Harbor High School 45 Blair Avenue, Friday Harbor, WA

Mount Vernon 47 pm Mon., Nov. 5 McIntyre Hall 2501 E College Way, Mount Vernon, WA

Seattle 47 pm Tues., Nov. 13 North Seattle Community College Wellness Center Gym 9600 College Way N, Seattle, WA

Ferndale 37 pm Thurs., Nov. 29 Ferndale Events Center 5715 Barrett Road, Ferndale, WA

Spokane 4 7 pm Tues., Dec. 4 Spokane Co. Fairgrounds Plaza 404 N Havana Street, Spokane Valley, WA

Vancouver 4 7 pm Wed., Dec. 12 Clark College Gaiser Student Center 1933 Fort Vancouver Way, Vancouver, WA

Yoiu can find both the Determination of Significance for SEPA and a guide to the scoping process on the project website. We look forward to hearing from you during the scoping process. Please send any questions about the scoping process or logistics to [email protected] call 360-398-5087.

Sincerely, Tyler Schroeder

To ensure equal access, the Co-Lead Agencies will provide auxiliary aids/services to persons with disabilities. Please call the project hotline at 360-398-5087 with any requests. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341. All meeting-related requests must be received 72 hours in advance. Si usted requiere este documento en un formato alternativo, favor de comunicarse a la siguiente línea directa: 360-398-5087 o TTY 711 o 1-877-833-6341 (Sólo servicios en inglés).

Copyright © 2012 Gateway Paciific/Custer Spur modifications EIS, All rights reserved. You are receiving this email because you indicated an interest in the EIS for the Gateway Pacific/Custer Spur modifications. Our mailing address is:

Gateway Paciific/Custer Spur modifications EIS

1100 112th Avenue NE Suite 400 Bellevue , OR 98004 Add us to your address book

unsubscribe from this list | update subscription preferences From: "Wilson, Shannon B NWS" To: "Perry, Randel J NWS" CC: "Tong, Kristina G NWS" , "Riley, Melinda... Date: 9/24/2012 6:51 AM Subject: Special Public Notice - Gateway Pacific Terminals and Custer SpurExpansion (UNCLASSIFIED) Attachments: PITBNSF SPN.docx.pdf

Classification: UNCLASSIFIED Caveats: NONE

The attached PDF document is a Special Public Notice of intent to prepare a draft environmental impact statement for the proposed Gateway Pacific Terminals and Custer Spur expansion projects from the U.S. Army Corps of Engineers, Seattle District. To view the attached document, you will need to use the Adobe Acrobat Reader. For a free copy of the Acrobat Reader please visit: http://www.adobe.com/products/acrobat/readstep2.html

To provide any project specific comments in writing or by E-mail, please visit the link below and follow the instructions outlined in the "How to Submit Comments" section. http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PublicNotices.aspx

For more Regulatory Program information, please visit http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory.aspx

Classification: UNCLASSIFIED Caveats: NONE

US Army Corps Special Public Notice of Engineers Seattle District

R egulatory Branch Public N otice D ate: September 24, 2012 Post Office Box 3755 Expiration D ate: January 21, 2013 Seattle, Washington 98124-3755 N WS-2008-260, Pacific International Telephone (360) 734-3156 Terminals, Inc. A TTN : R andel Perry N WS-2011-325, BNSF R ailw ays

N OTIC E OF IN TEN T TO PR EPARE A DRAFT ENVIR ON MEN TA L IMPACT STA TEMEN T FOR THE PR OPOSED GA TEWAY PACIFIC TER MINALS AND CUSTER SPUR EX PANSION PR OJEC TS

PURPOSE : The U. S. Army Corps of Engineers (Corps), Seattle District, Regulatory Branch received a Department of the Army (DA) permit application from Pacific International Terminals Inc. to construct a dry bulk goods shipping and receiving facility and an application from BNSF Railways for expansion of the Custer rail spur. Both projects are within waters of the U. S. and subject to jurisdiction of the Corps. The Corps determined the proposed projects are interrelated and may have significant individual and/or cumulative impacts on the human environment.

The Corps has entered into an agreement with Whatcom County Planning and Development Services and the Washington State Department of Ecology to prepare a joint Environmental Impact Statement (EIS) pursuant to the requirements of the National Environmental Policy Act (NEPA) and State Environmental Policy Act (SEPA). The Corps will serve as the lead agency for compliance with NEPA and Whatcom County Planning and Development Services and the Washington State Department of Ecology will serve as the lead agencies for compliance with SEPA.

The Corps invites participation in the EIS process by affected federal, state, and local agencies, Tribes, individuals, and other private interest organization and parties. Whatcom County will be issuing a SEPA Determination of Significance announcing scoping for the joint NEPA/SEPA EIS. The Corps published a Notice of Intent (NOI) to prepare a federal NEPA EIS in the Federal Register on September 21, 2012 (Fed. Reg. Vol #77). All comments received in response to the Corps’ NOI, this Special Public Notice, and Whatcom County’s Determination of Significance will be considered when determining the scope of the combined DEIS.

COMMENT RESPONSE DATE: Scoping comments and suggestions must be received no later than January 21, 2013. To be most helpful, comments should clearly describe specific environmental topics or issues which the commentator believes the document should address. NOTE: All comments received will become part of the administrative record and are subject to public release, as appropriate, in their entirety, including any personally identifiable information such as names, phone numbers, and addresses, if included in the comment.

1

ADDRESSES : Send written comments to U. S. Army Corps of Engineers, Seattle District Regulatory Branch care of GPT/BNSF Custer Spur EIS Co-Lead Agencies, 1100 112th Avenue Northeast, Suite 400, Bellevue, Washington 98004. Comments may also be submitted via e-mail to comments@eisgate waypacificwa.gov or submitted on the EIS project website at www.eisgatewaypa cific.gov.

PUBLIC SCOPING MEETINGS : Public scoping meetings will be held at the following times and locations:

At Squalicum High School, 3773 East McLeod Road, Bellingham, Washington 98226-7728 on Saturday, October 27, 2012, from 11:00 a.m. to 3:00 p.m.

At Friday Harbor High School, 45 Blair Avenue , Friday Harbor, Washington 98250 on Saturday, November 3, 2012, from 12:00 p.m. to 3:00 p.m.

At McIntyre Hall, 2501 East College Way, Mount Vernon, Washington 98273 on Monday, November 5, 2012, from 4:00 p.m. to 7:00 p.m.

At North Seattle Community College, 9600 College Way North, Seattle, Washington 98103 on Tuesday, November 13, 2012, from 4:00 p.m. to 7:00 p.m.

At Ferndale Events Center, 5715 Barrett Road, Ferndale, Washington 98248 on Thursday, November 29, 2012, from 3:00 p.m. to 7:00 p.m.

At Spokane County Fairgrounds, 404 North Havana Street , Spokane Valley, Washington 99202 on Tuesday, December 4, 2012, from 4:00 p.m. to 7:00 p.m.

At Clark College, Gaiser Student Center, 1933 Fort Vancouver Way, Vancouver, Washington 98663 on Wednesday, December 12, 2012, from 4:00 p.m. to 7:00 p.m.

During the scoping period, a continuous “online scoping meeting” will be hosted on the EIS website at www.eisgatewaypa cific.gov.

Any person requiring a special accommodation (e.g. sign language interpreter, wheelchair accommodations, etc.) for attending a public meeting must file a request with the Corps at the address in the preceding section or by calling (360) 398-5087. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341. Such requests shall need to be received by the Corps at least 72 hours before the meeting is scheduled to start.

SUPPLIMENTARY INFORMATION : Project Description . The project sites are located in Whatcom County, Washington, northwest of Ferndale and south of Birch Bay in an area called Cherry Point (Figure 1). The terminal would be developed on approximately 350 acres and would include a three-berth, deep-water wharf. The proposed wharf would be approximately 3,000 feet long and 105 feet wide, with

2

access to suitable depths provided by an approximate ly 1,100 foot long by 50 foot side trestle. Upland facilities will include open air and covered commodity storage, each serviced by an on-site rail loop. A system of conveyors would connect the commodity storage areas to the trestle and wharf. The upland facilities would also contain rail unloading facilities, roadways, service buildings, storm water treatment facilities and utility infrastructure. Development of these facilities will result in impacts to approximately 145 acres of wetlands and numerous drainage features (ditches). Mitigation for proposed unavoidable impacts to waters of the U. S. will be required to comply with the Corps 2008 mitigation rule (33 CFR 322.1). Commodities would be delivered to the Gateway Pacific Terminal (GPT) by rail via the existing BNSF Railway’s Custer Spur line from the Bellingham subdivision main line. BNSF Railway is proposing to upgrade its existing Custer Spur line with additional tracks and sidings, which will impact approximately 17 acres of wetlands, and involve modifications to two creek crossings and several drainage features (ditches). Mitigation for proposed unavoidable impacts to waters of the U. S. will be required to comply with applicable Corps requirements (Figures 3 and 4).

Permit authority. The proposed GPT project would involve work or structures in or affecting the course, condition, location, or capacity of navigable waters of the U. S. In addition, both the GPT and Custer Spur projects will involve discharges of fill into wate r of the U. S. Therefore both projects require an issuance of a DA permit pursuant to both Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344).

Alternatives. The EIS will address an array of alternatives for providing facilities suitable for the shipping and receiving of dry bulk goods (grains, ore, coal, etc.) and for handling rail traffic to the new facility. Alternatives analyzed during the investigation may include, but are not limited to, no action, alternative sites, alternative methods for shipping and handling bulk goods, alternative facility designs, and alternatives for the railroad spur upgrades. Mitigation measures may include, but are not limited to, avoidance of sensitive areas and creation, reestablishment, and/or enhancement of special aquatic sites.

Potentially significant issues. Potentially significant issues to be analyzed in depth in the EIS include, but are not limited to, project specific and cumulativ e effects on navigation (e.g. vessel traffic and navigational safety); marine aquatic habitats, including State designated aquatic reserves; marine aquatic species, including Endangered Species Act listed species and Washington State species of concern; Tribal treaty rights; wetland and riparian habitat and wildlife; railroad and vehicle traffic; cultural, historic, and archeological resources; air and water quality; noise; recreation; land use; and aesthetics.

Cooperating agencies. The U. S. Environmental Protection Agency and the U. S. Coast Guard have agreed to serve as cooperating agencies in preparation of the DEIS.

Additional consultations. The Corps anticipates consultations will be required pursuant to the provisions of Section 7 of the Endangered Species Act, Essential Fisheries Habitat provisions of the Magnuson- Stevens Act, and Section 106 of the National Historic Preservation Act. The Corps will also conduct government to government consultations with all affected tribes.

3

Permitting process. The decision whether to issue a DA permit will be based on an evaluation of the potential impacts, including direct, indirect, and/or cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably can be expected to accrue from the proposals must be balanced against its reasonably foreseeable detriments. For the discharge of fill into special aquatic sites (wetlands), evaluation of the impact of the activity on the public interest will include application of the 404(b)(1) guidelines promulgated by the Administrator of the Environmental Protection Agency (40 CFR Part 230). Development of the EIS will assist the Corps in determining whether to issue a DA permit, issue a DA permit with special conditions, or deny a DA permit.

ATTACHMENTS : Figure 1 - Project Locations Figure 2 - GPT Project Overview Figures 3 and 4 - Custer Spur project Overview

4 Figure 1 – Project locations

Custer Spur

Figure 2 – Proposed Gatew ay Pacific Terminals Project

From: Tyler Schroeder To: [email protected],[email protected] Date: 9/25/2012 8:18 PM Subject: Re: GPT emails through Sept. 14 are posted to web and will publish at end of day

The 8-9-12 WDFW correspondence letter to Ari includes more than just one letter. We should title it "Agency letters in Regards to Parcel 15 Hydrology Study."

Thanks

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 >>> Stephanie Drake 09/25/12 2:55 PM >>> Pam, THANK YOU! Stephanie

~~~~~~~~~~~~~~~~~~~~~~~~~~~ Stephanie Drake Whatcom County Planning & Development Services [email protected] (360) 676-6907 Ext. 50201

>>> Pamela Brown 9/25/2012 2:53 PM >>> From: Tyler Schroeder To: [email protected] Date: 9/25/2012 8:21 PM Subject: GPT emails Sept. 8-14

Stephanie,

Could you break the link for this set. The BofA info in on it....

Thanks

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 From: Tyler Schroeder To: Pamela Brown; Stephanie Drake Date: 9/26/2012 8:09 AM Subject: Fwd: re: Parcel 15 Geotechnical Borings, Gateway Pacific, WhatcomCounty, WA Attachments: re: Parcel 15 Geotechnical Borings, Gateway Pacific, WhatcomCounty, WA

Could you put this letter up on the second correspondence page.

Thanks,

Tyler From: Council To: [email protected] Date: 9/24/2012 8:29 AM Subject: Fwd: GPT/SSA & Nation Attachments: GPT/SSA & Lummi Nation

Please note: Emails are public records subject to public disclosure upon request. From: "ChairKathy" To: Date: 9/21/2012 8:23 PM Subject: GPT/SSA & Lummi Nation

All from the Bellingham Herald: Cargo Terminal Lummi Nation leaders come out against Gateway Pacific coal terminal project

Leaders of the Lummi Nation made it clear they are opposing the proposed Gateway Pacific Terminal project and that it's time to work together to protect the natural and cultural heritage of the Cherry Point area. 26 minutes ago

READ STORY

RELATED: a.. Official comment period to begin Sept. 24 on Cherry Point coal terminal project b.. Link: Read SSA Marine's statement on Lummi discussions c.. Gallery: Lummi Coal Protest Read more here: http://www.bellinghamherald.com/cargo-terminal/#storylink=cpy From: Council To: [email protected] Date: 9/24/2012 8:31 AM Subject: Fwd: Gateway Pacific Terminal at Cherry Pt. Attachments: Gateway Pacific Terminal at Cherry Pt.

Please note: Emails are public records subject to public disclosure upon request. From: "Kay Schuhmacher" To: Date: 9/22/2012 4:12 PM Subject: Gateway Pacific Terminal at Cherry Pt.

Dear Whatcom County Council Members,

The American Economy almost came close to bust from the excessive building boom in 2008, and our economy has not regained itself to be strong up to now. We have too many people without jobs and struggling.

Gateway Pacific Terminal Project which is backed by rich and powerful people with their goal set on to use jobless people as baits to accomplish to build Cherry Pt. Terminal.

They promise to create so many jobs connected to this building project.

In the past similar history has repeated itself over and over.

People in dire situation can become desperate to lean toward believing in high numbers of jobs promised which is understandable. Their main goals are getting back to work.

Many Communities in Washington had similar hardship but they fought back against such projects in their healthy community and WON!

They had clear long term goals; to create healthier longer term jobs which pay decent salary without harming their health, commute to work without interruptions from long line of coal trains, and to have the emergency vehicles run their course without interruptions which can save many lives.

Also, tax payers do not need to put our hard earned money to refurbish the railway tracks and the rail technology gears to boost the health of coal carrying trains to run better.

When all the implications are figured out; what this project will create can be very scary! Not only we will harm our health, we will loose our best kept assets of the land and the sea with huge ships traffic on our Cherry Pt. waterways. It is unimaginable what damage a collision between a coal ship and a oil tanker will create.

If one has the futuristic insight, this project must be stricken down before it is given the permit to build. Once it's complete and we find their bargain won and the community citizens lost what we have treasured in the past, it will be too late.

I trust and hope that all Whatcom County and Bellingham City Council leaders like you consider very carefully and take the right action.

Thank you for reading this letter

Sincerely,

Kay Schuhmacher

[email protected]

From: Council To: [email protected] Date: 9/24/2012 8:55 AM Subject: Fwd: GPT/SSA/BNSF EIS Scoping Meetings Attachments: GPT/SSA/BNSF EIS Scoping Meetings

Please note: Emails are public records subject to public disclosure upon request. From: "ChairKathy" To: Date: 9/24/2012 6:28 AM Subject: GPT/SSA/BNSF EIS Scoping Meetings

(L6789) WHATCOM COUNTY... Date Listed: September 24, 2012 Newspaper ID #0085186789-01(L6789) WHATCOM COUNTY GIVES PUBLIC NOTICE THAT THE FOLLOWING SEPA THRESHOLD DETERMINATION OF SIGNIFICANCE (DS) HAS BEEN ISSUED TODAY SUBJECT TO A 120 DAY COMMENT PERIOD CONCLUDING ON JANUARY 21, 2013. File: SEP2011- 00047. Description: A deepwater, multimodal terminal for the export and import of dry bulk commodities between rail and oceangoing vessels has been proposed within the Cherry Point Industrial Urban Growth Area (UGA). The project area would encompass approximately 1,500 acres with development occurring on approximately 334 acres. If approved, the proposal would include two materials handling and storage areas and a wharf and trestle; associated development would include a rail connection and improvements with BNSF Railway's Custer Spur Industrial rail line. At full operation, the industrial facility would have the capacity to export and import 54 million metric tons per annum (Mtpa) of dry bulk commodities including, but not limited to coal, grain products, potash, and calcined petroleum coke. Proponent: Pacific International Terminals, Inc. Location: The proposed Gateway Pacific Terminal site is located at Cherry Point at and near 4750 Gulf Road, Ferndale, WA. The area is located with Sections 17, 18, and 19; Township 39 North; Range 01 East. Zoning: High Impact Industrial/Cherry Point Industrial Urban Growth Area (UGA). Agency: Whatcom County Planning and Development Services and the Washington State Department of Ecology (Ecology) will be co-lead agencies under SEPA. The U.S. Army Corps of Engineers (Corps) will be the lead agency under NEPA. Whatcom County, Ecology, and the Corps will be considered co-lead agencies. EIS Required: The co-lead agencies have determined that the proposal is likely to result in significant adverse impacts to the environment and, pursuant to 42 U.S.C. 4332(C) (NEPA) and RCW 43.21C (SEPA), an environmental impact statement is required. The co-lead agencies have determined that a combined NEPA/SEPA environmental impact statement (EIS) will be prepared. In accordance with Washington Administrative Code (WAC) 197-11-408, a copy of the Determination of Significance (DS) for the project is hereby transmitted. A separate Notice of Intent (NOI) will be posted in the Federal Register by the Corps to initiate the NEPA process. The SEPA lead agencies have identified the following for discussion in the EIS: Under SEPA, the EIS will examine the Gateway Pacific Terminal proposal on the proposed site within the Cherry Point Industrial UGA. Elements of the environment (WAC 197-11-444) that have been preliminarily identified for discussion include earth, air, water, plants and animals, energy and natural resources, environmental health, noise, land and shoreline use, transportation, public services and utilities. Alternatives: Alternatives to the Gateway Pacific Terminal proposal will be determined through the scoping process according to WAC 197-11-440(5)(b). The No Action alternative will also be examined. Scoping: Agencies, affected tribes, and members of the public are invited to comment on the scope of the EIS within a 120-day expanded scoping comment period beginning on September 24, 2012 and runs through January 21, 2013. You may comment on alternatives, probable significant adverse impacts, mitigation measures, and licenses or other approvals that may be required. Public scoping meetings will be held within Washington State in the following cities in order of occurrence: Bellingham: October 27, Squalicum High School, 3773 E McLeod Road, Bellingham, WA between the hours of 11:00 a.m. and 3:00 p.m.; Friday Harbor: November 3, Friday Harbor High School, 45 Blair Avenue, Friday Harbor, WA between the hours of 12:00 p.m. and 3:00 p.m.; Mount Vernon: November 5, McIntyre Hall, 2501 E College Way, Mount Vernon, WA between the hours of 4:00 p.m. and 7:00 p.m.; Seattle: November 13, North Seattle Community College, Wellness Center Gym, 9600 College Way N, Seattle WA between the hours of 4:00 p.m. and 7:00 p.m.; Ferndale: November 29, Ferndale Events Center, 5715 Barrett Road, Ferndale, WA between the hours of 3:00 p.m. and 7:00 p.m.; Spokane: December 4, Spokane County Fairgrounds Plaza, 404 N Havana Street, Spokane Valley, WA between the hours of 4:00 p.m. and 7:00 p.m.; Vancouver: December 12, Clark College Gaiser Student Center, 1933 Fort Vancouver Way, Vancouver, WA between the hours of 4:00 p.m. and 7:00 p.m. Documents Available: Environmental background documents and other materials indicating likely environmental impacts can be reviewed at http://www.co.whatcom.wa.us/pds/index.jsp or at Whatcom County's offices. Written Comments: Provide comments through January 21, 2013 for consideration in the proposed scope of the EIS. Comments may be made via the web at http://www.eisgatewaypacificwa.gov or in writing to Attn: Tyler Schroeder, Designated SEPA Official GPT/BNSF Custer Spur EIS Co-Lead Agencies, c/o CH2MHILL, 1100 112th Avenue NE, Suite 400 Bellevue, WA 98004. THERE IS NO AGENCY APPEAL OF THIS DETERMINATION OF SIGNIFICANCE (WAC 197-11-680(3)(a)(ii)). Read more here: http://www.bellinghamherald.com/classified-ads/ad/2024906#storylink=cpy From: Council To: [email protected] Date: 9/24/2012 8:55 AM Subject: Fwd: Special Public Notice - Gateway Pacific Terminals and Custer SpurExpansion (UNCLASSIFIED) Attachments: Special Public Notice - Gateway Pacific Terminals and Custer SpurExpansion (UNCLASSIFIED)

Please note: Emails are public records subject to public disclosure upon request. From: "Wilson, Shannon B NWS" To: "Perry, Randel J NWS" CC: "Tong, Kristina G NWS" , "Riley, Melinda... Date: 9/24/2012 6:51 AM Subject: Special Public Notice - Gateway Pacific Terminals and Custer SpurExpansion (UNCLASSIFIED) Attachments: PITBNSF SPN.docx.pdf

Classification: UNCLASSIFIED Caveats: NONE

The attached PDF document is a Special Public Notice of intent to prepare a draft environmental impact statement for the proposed Gateway Pacific Terminals and Custer Spur expansion projects from the U.S. Army Corps of Engineers, Seattle District. To view the attached document, you will need to use the Adobe Acrobat Reader. For a free copy of the Acrobat Reader please visit: http://www.adobe.com/products/acrobat/readstep2.html

To provide any project specific comments in writing or by E-mail, please visit the link below and follow the instructions outlined in the "How to Submit Comments" section. http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PublicNotices.aspx

For more Regulatory Program information, please visit http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory.aspx

Classification: UNCLASSIFIED Caveats: NONE

US Army Corps Special Public Notice of Engineers Seattle District

R egulatory Branch Public N otice D ate: September 24, 2012 Post Office Box 3755 Expiration D ate: January 21, 2013 Seattle, Washington 98124-3755 N WS-2008-260, Pacific International Telephone (360) 734-3156 Terminals, Inc. A TTN : R andel Perry N WS-2011-325, BNSF R ailw ays

N OTIC E OF IN TEN T TO PR EPARE A DRAFT ENVIR ON MEN TA L IMPACT STA TEMEN T FOR THE PR OPOSED GA TEWAY PACIFIC TER MINALS AND CUSTER SPUR EX PANSION PR OJEC TS

PURPOSE : The U. S. Army Corps of Engineers (Corps), Seattle District, Regulatory Branch received a Department of the Army (DA) permit application from Pacific International Terminals Inc. to construct a dry bulk goods shipping and receiving facility and an application from BNSF Railways for expansion of the Custer rail spur. Both projects are within waters of the U. S. and subject to jurisdiction of the Corps. The Corps determined the proposed projects are interrelated and may have significant individual and/or cumulative impacts on the human environment.

The Corps has entered into an agreement with Whatcom County Planning and Development Services and the Washington State Department of Ecology to prepare a joint Environmental Impact Statement (EIS) pursuant to the requirements of the National Environmental Policy Act (NEPA) and State Environmental Policy Act (SEPA). The Corps will serve as the lead agency for compliance with NEPA and Whatcom County Planning and Development Services and the Washington State Department of Ecology will serve as the lead agencies for compliance with SEPA.

The Corps invites participation in the EIS process by affected federal, state, and local agencies, Tribes, individuals, and other private interest organization and parties. Whatcom County will be issuing a SEPA Determination of Significance announcing scoping for the joint NEPA/SEPA EIS. The Corps published a Notice of Intent (NOI) to prepare a federal NEPA EIS in the Federal Register on September 21, 2012 (Fed. Reg. Vol #77). All comments received in response to the Corps’ NOI, this Special Public Notice, and Whatcom County’s Determination of Significance will be considered when determining the scope of the combined DEIS.

COMMENT RESPONSE DATE: Scoping comments and suggestions must be received no later than January 21, 2013. To be most helpful, comments should clearly describe specific environmental topics or issues which the commentator believes the document should address. NOTE: All comments received will become part of the administrative record and are subject to public release, as appropriate, in their entirety, including any personally identifiable information such as names, phone numbers, and addresses, if included in the comment.

1

ADDRESSES : Send written comments to U. S. Army Corps of Engineers, Seattle District Regulatory Branch care of GPT/BNSF Custer Spur EIS Co-Lead Agencies, 1100 112th Avenue Northeast, Suite 400, Bellevue, Washington 98004. Comments may also be submitted via e-mail to comments@eisgate waypacificwa.gov or submitted on the EIS project website at www.eisgatewaypa cific.gov.

PUBLIC SCOPING MEETINGS : Public scoping meetings will be held at the following times and locations:

At Squalicum High School, 3773 East McLeod Road, Bellingham, Washington 98226-7728 on Saturday, October 27, 2012, from 11:00 a.m. to 3:00 p.m.

At Friday Harbor High School, 45 Blair Avenue , Friday Harbor, Washington 98250 on Saturday, November 3, 2012, from 12:00 p.m. to 3:00 p.m.

At McIntyre Hall, 2501 East College Way, Mount Vernon, Washington 98273 on Monday, November 5, 2012, from 4:00 p.m. to 7:00 p.m.

At North Seattle Community College, 9600 College Way North, Seattle, Washington 98103 on Tuesday, November 13, 2012, from 4:00 p.m. to 7:00 p.m.

At Ferndale Events Center, 5715 Barrett Road, Ferndale, Washington 98248 on Thursday, November 29, 2012, from 3:00 p.m. to 7:00 p.m.

At Spokane County Fairgrounds, 404 North Havana Street , Spokane Valley, Washington 99202 on Tuesday, December 4, 2012, from 4:00 p.m. to 7:00 p.m.

At Clark College, Gaiser Student Center, 1933 Fort Vancouver Way, Vancouver, Washington 98663 on Wednesday, December 12, 2012, from 4:00 p.m. to 7:00 p.m.

During the scoping period, a continuous “online scoping meeting” will be hosted on the EIS website at www.eisgatewaypa cific.gov.

Any person requiring a special accommodation (e.g. sign language interpreter, wheelchair accommodations, etc.) for attending a public meeting must file a request with the Corps at the address in the preceding section or by calling (360) 398-5087. Persons with hearing loss can call 711 for Washington Relay Service. Persons with a speech disability can call 877-833-6341. Such requests shall need to be received by the Corps at least 72 hours before the meeting is scheduled to start.

SUPPLIMENTARY INFORMATION : Project Description . The project sites are located in Whatcom County, Washington, northwest of Ferndale and south of Birch Bay in an area called Cherry Point (Figure 1). The terminal would be developed on approximately 350 acres and would include a three-berth, deep-water wharf. The proposed wharf would be approximately 3,000 feet long and 105 feet wide, with

2

access to suitable depths provided by an approximate ly 1,100 foot long by 50 foot side trestle. Upland facilities will include open air and covered commodity storage, each serviced by an on-site rail loop. A system of conveyors would connect the commodity storage areas to the trestle and wharf. The upland facilities would also contain rail unloading facilities, roadways, service buildings, storm water treatment facilities and utility infrastructure. Development of these facilities will result in impacts to approximately 145 acres of wetlands and numerous drainage features (ditches). Mitigation for proposed unavoidable impacts to waters of the U. S. will be required to comply with the Corps 2008 mitigation rule (33 CFR 322.1). Commodities would be delivered to the Gateway Pacific Terminal (GPT) by rail via the existing BNSF Railway’s Custer Spur line from the Bellingham subdivision main line. BNSF Railway is proposing to upgrade its existing Custer Spur line with additional tracks and sidings, which will impact approximately 17 acres of wetlands, and involve modifications to two creek crossings and several drainage features (ditches). Mitigation for proposed unavoidable impacts to waters of the U. S. will be required to comply with applicable Corps requirements (Figures 3 and 4).

Permit authority. The proposed GPT project would involve work or structures in or affecting the course, condition, location, or capacity of navigable waters of the U. S. In addition, both the GPT and Custer Spur projects will involve discharges of fill into wate r of the U. S. Therefore both projects require an issuance of a DA permit pursuant to both Section 10 of the Rivers and Harbors Act of 1899 (33 USC 403) and Section 404 of the Clean Water Act (33 USC 1344).

Alternatives. The EIS will address an array of alternatives for providing facilities suitable for the shipping and receiving of dry bulk goods (grains, ore, coal, etc.) and for handling rail traffic to the new facility. Alternatives analyzed during the investigation may include, but are not limited to, no action, alternative sites, alternative methods for shipping and handling bulk goods, alternative facility designs, and alternatives for the railroad spur upgrades. Mitigation measures may include, but are not limited to, avoidance of sensitive areas and creation, reestablishment, and/or enhancement of special aquatic sites.

Potentially significant issues. Potentially significant issues to be analyzed in depth in the EIS include, but are not limited to, project specific and cumulativ e effects on navigation (e.g. vessel traffic and navigational safety); marine aquatic habitats, including State designated aquatic reserves; marine aquatic species, including Endangered Species Act listed species and Washington State species of concern; Tribal treaty rights; wetland and riparian habitat and wildlife; railroad and vehicle traffic; cultural, historic, and archeological resources; air and water quality; noise; recreation; land use; and aesthetics.

Cooperating agencies. The U. S. Environmental Protection Agency and the U. S. Coast Guard have agreed to serve as cooperating agencies in preparation of the DEIS.

Additional consultations. The Corps anticipates consultations will be required pursuant to the provisions of Section 7 of the Endangered Species Act, Essential Fisheries Habitat provisions of the Magnuson- Stevens Act, and Section 106 of the National Historic Preservation Act. The Corps will also conduct government to government consultations with all affected tribes.

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Permitting process. The decision whether to issue a DA permit will be based on an evaluation of the potential impacts, including direct, indirect, and/or cumulative impacts, of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably can be expected to accrue from the proposals must be balanced against its reasonably foreseeable detriments. For the discharge of fill into special aquatic sites (wetlands), evaluation of the impact of the activity on the public interest will include application of the 404(b)(1) guidelines promulgated by the Administrator of the Environmental Protection Agency (40 CFR Part 230). Development of the EIS will assist the Corps in determining whether to issue a DA permit, issue a DA permit with special conditions, or deny a DA permit.

ATTACHMENTS : Figure 1 - Project Locations Figure 2 - GPT Project Overview Figures 3 and 4 - Custer Spur project Overview

4 Figure 1 – Project locations

Custer Spur

Figure 2 – Proposed Gatew ay Pacific Terminals Project

From: Council To: [email protected] CC: OFFICE GALS Date: 9/24/2012 1:36 PM Subject: Fwd: RE: FW: from Gary Attachments: Fwd: RE: FW: from Gary

Please note: Emails are public records subject to public disclosure upon request. From: Ken Mann To: Council Date: 9/24/2012 11:45 AM Subject: Fwd: RE: FW: from Gary Place: Council for the file, i have not read it

Ken Mann

Whatcom County Councilmember (360) 676-6690 (office) (360) 483-6020 (mobile) [email protected] https://www.facebook.com/pages/Ken-Mann-Whatcom/77546362394

>>> "Gary Smith" 9/21/2012 7:00 AM >>> Ken

Interesting statistics on Coal http://facethefactsusa.org/facts/coal-were-mining-it-more-burning-it-less/?u tm_source=Face+the+Facts+USA&utm_campaign=008010f7d7-Fact_of_the_Day9_21_201 2&utm_medium=email From: Council To: [email protected] Date: 9/25/2012 1:13 PM Subject: Fwd: Erratum - Special Public Notice, September 24, 2012 (NWS-2008-260,Pacific International Terminals, Inc and NWS 2011-325, Burlington NorthernSante Fe Railways) (UNCLASSIFIED) Attachments: Erratum - Special Public Notice, September 24, 2012 (NWS-2008-260,Pacific I nternational Terminals, Inc and NWS 2011-325, Burlington NorthernSante Fe R ailways) (UNCLASSIFIED)

Please note: Emails are public records subject to public disclosure upon request. From: "Riley, Melinda NWS" To: "Perry, Randel J NWS" CC: "Ralph, Alisa A NWS" , "Bennett, Matthew J... Date: 9/25/2012 12:53 PM Subject: Erratum - Special Public Notice, September 24, 2012 (NWS-2008-260,Pacific International Terminals, Inc and NWS 2011-325, Burlington NorthernSante Fe Railways) (UNCLASSIFIED) Attachments: Erratum GPT SPN 9_24_12.pdf

Classification: UNCLASSIFIED Caveats: NONE

Good Afternoon,

REFERENCE PROJECT NUMBERS: NWS-2008-260, Pacific International Terminals, Inc. NWS-2011-325, Burlington Northern Sante Fe Railways

PROJECT MANAGER: Mr. Randel J. Perry

PHONE NUMBER: (360) 734-3156

E-MAIL ADDRESS: [email protected]

The attached PDF document is a Erratum to Special Public Notice for a proposed project where a permit is being requested from the U.S. Army Corps of Engineers, Seattle District. To view the attached document, you will need to use the Adobe Acrobat Reader.

For a free copy of the Acrobat Reader please visit: http://www.adobe.com/products/acrobat/readstep2.html

To provide any project specific comments in writing or by E-mail, please visit the link below and follow the instructions outlined in the "How to Submit Comments" section. http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory/PublicNotices.aspx

For more Regulatory Program information, please visit http://www.nws.usace.army.mil/Missions/CivilWorks/Regulatory.aspx

Very Respectfully,

MELINDA C.T. RILEY Regulatory Support Assistant Special Programs Section Regulatory Branch Seattle District, Corps of Engineers

COM: (206) 764-3799 E-MAIL: [email protected]

Classification: UNCLASSIFIED Caveats: NONE

US Army Corps Special Public Notice of Engineers Seattle District

Erratum

R egulatory Branch Erratum Date: September 24, 2012 Post Office Box 3755 Seattle, Washington 98124-3755 Telephone : (360) 734-3156 Public N otice D ate: September 24, 2012 A TTN : R andel Perry Expiration D ate: January 21, 2013

R eference: N WS -2008-260, Pacific International Terminals (PIT), Inc. and N WS -2011-325, Burlington N orthern Sante Fe (BNSF) R ailw ays

ERRATUM/REVISION : This erratum corrects the websit e address on a U.S Army Corps of Engineers, Special Public Notice dated September 24, 2012. The corrected information is as follows: The Environmental Impact Statement website for the above referenced project is: www.eisgatewaypa cificwa.gov.

All other information shown on Special Public Notice NWS -2008-260 and NWS -2011-325 remains unchanged.

1 From: Greg Stern To: Melissa Ahern CC: Tyler Schroeder Date: 9/28/2012 12:50 PM Subject: Re: Here is my current understanding of the decision-making process forWashington Ports

Melissa-

As I mentioned when we spoke, I refer questions about the permitting process and timelines to the co-lead agencies and other permitting agencies. I've cc:ed this to our county SEPA official, Tyler Schroeder. The EIS website, www.eisgatewaypacificwa.gov , addresses several of your questions. The agencies involved in issuing permits for the project are detailed at http://www.eisgatewaypacificwa.gov/about/who-is-involved . I recommend checking the websites of the permitting agencies for contact information.

Greg

Greg Stern, MD, Health Officer Whatcom County Health Department 360-676-6724

>>> "Ahern, Melissa" 9/28/2012 12:15 PM >>> Greg: My questions are related to decision-making regarding ports in Washington. Below, I've described my current understanding of the decision making process in the State.

* What have we left out? * What is the flow of these decisions? * What permits have to wait until after the EIS? * Who are contacts in the other non-co-lead agencies in this decision-making process? * How would you characterize the related political decision-making processes?

Any information/thoughts/comments re these questions would be most appreciated!

Kind Regards, Melissa Ahern

Decision Makers: Washington Ports

All major development projects in the State of Washington are reviewed under both the National Environmental Policy Act (NEPA) and the Washington State Environmental Policy Act (SEPA). Two of the purposes of the environmental review process are decisions that are better informed, and increased citizen involvement in these decisions. The SEPA has a mission similar to NEPA in terms of purposes, but allows counties and state agencies to deny or condition projects based on their adopted SEPA policies and regulations. Both of the Washington terminals permitting processes require an Environmental Impact Statement. In Washington State, counties are responsible for shoreline and development permits. The Public Lands Commissioner at the Department of Natural Resources will make decisions related to aquatic lease (state- owned tide lands). The Department of Ecology will make decisions related to water quality and storm-water approvals. The Department of Fish and Wildlife are responsible for Hydraulic Project Approvals.

At the Federal level, the U.S. Army Corps of Engineers make decisions about filling acres of wetlands and constructing a pier in navigable waters. Other decision makers are the U.S. Congress in authorizing rail improvements needed by BNSF for rail sidings; and federal and/or state railway regulatory bodies that require permits for new rail construction.

For Cherry Point, co-lead agencies for the EIS are Washington State Department of Ecology, the U.S. Army Corps of Engineers (USACE) and Whatcom County. The U.S. Army Corps of Engineers has indicated to SSA Marine and BNSF that their projects (the terminal and the Custer railroad spur) will require preparation of an EIS. There is one joint state federal/state scoping process and EIS for this project. The scoping process begins in late September 2012 and extends to mid-January 2013. A draft EIS is expected in Fall 2013 or Spring 2014. Both of these processes provide opportunities for public comments.

For the Millennium Bulk Logistics Terminal at Longview, the Corps of Engineers, the State Department of Ecology, and Cowlitz County are the co-leads. The Longview process is expected to lag the Cherry Point process by about six months. The EIS will examine the effects of four coal stockpile pads, eight train unloading stations, and two new ship loaders; also a proposal to dredge about 500,000 cubic yards of Columbia River silt. A professional hearings examiner, rather than the Cowlitz County Commissioners, will decide whether this terminal will be given a shoreline permit. Shoreline permits are decided on technical details of whether the permit legally meets state standards. The Washington Department of Ecology and Cowlitz County will take public comments as part of the scoping process in late 2012 or early 2013.

For the Cherry Point permit, the Lummi and Nooksack Nations along with four other tribes have treaty rights in the Georgia Strait as usual and accustomed fishing grounds. Approval or disapproval of the project by Tribes will be cited by the Corps of Engineers and other agencies in making permitting decisions.