Petrogas Ferndale Wharf Subsurface Reclamation Project Dredging Activities Table of Contents ______

Petrogas Ferndale Wharf Subsurface Reclamation Project Dredging Activities Shoreline Substantial Development Permit Application

Table of Contents: 1. Substantial Development Permit Application 2. Project Proposal and Extended Responses Document 3. Bargain and Sale Deed 4. Whatcom Evidence of Development before 1976 5. DNR Aquatic Lands Lease 20-A08488 6. Vicinity Map, Site Plan, Design Drawings, Bathymetric Data (2 copies) 7. Critical Areas Assessment (2 copies) 8. SEPA checklist 9. Nearby Property Owners list and self-adhesive mailing labels Petrogas Ferndale Wharf Subsurface Reclamation Project Dredging Activities

Project Proposal and Supplemental Application Extended Responses

Project Proposal:

Since the construction of the Pier in 1965, sediment transport and deposition at the pierhead has resulted in the loss of approximately 5-8 feet of underkeel clearance along the west edge of the Pier. This clearance is critical to safe operation of the ships. The accumulated sediments have resulted in more frequent reberthings of ships during tidal changes. To address this issue, in August 2019, Petrogas submitted to the US Army Corps Dredged Materials Management Office (DMMO), a Tier 1 report to begin the process of planning for maintenance dredging at the Petrogas Pier. Petrogas is currently developing a Sediment Sampling and Analysis Plan (SSAP) by way of the sediment sampling experts at Anchor QEA, in coordination with the DMMO, to collect core samples of the sediment to characterize the sediment quality. The results of this sampling and analysis will be submitted to the DMMO to determine what options are available for proper disposal of dredged sediment.

Petrogas is proposing to dredge up to 12,000 cubic yards of sediment to re-establish the original -38 ft of depth at Mean Lower Low Water (MLLW) to reduce the frequency of reberthing. The reduction in tugboat traffic and mooring operations will result in a safer overall operation and reduce environmental impacts. The dredging prism would be approximately 850 ft north to south along the west head of the Pier, up to 60 ft wide and -8 ft maximum depth from current lidar reading to the -38 ft MLLW design water depth, not including overdepth. The bathymetric data shows the sediments have accumulated close to the Pier structure where the piles have disrupted sediment transport. Dredging activities will be focused near the edge of the pier.

A conversation has been started with the aquatics land owner, the Washington State Department of Natural Resources (DNR), regarding disposal options. It was proposed that if the dredged sediments were of suitable quality, that they be used to fill in the depressions to the west of the Pier. These depressions are the remnants of two removed mooring buoys. You can see these in the attached Bathymetric Map as the two large blue depressions within the Aquatic Lease Boundary. Based upon the bathymetric data, the mooring buoy depressions are roughly 250 ft wide and 13 feet deep, with approximately 23,500 cubic yards of available space. The DNR is supportive of this proposal pending verification that the sediment is sufficiently clean. Please see the letter from the DNR dated November 1, 2019, attached to the project description.

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Project Activities:

To prepare the site for sediment removal, Petrogas is planning to pull the 16 historic abandoned pile stubs identified during the post Fender Repair Project underwater inspection. If the pile stubs cannot be successfully pulled, they will be cut off below the mudline. These piles are on the immediate north and south ends of the fenders and increase sediment deposition. Pile removal will be completed per the most current version of the Washington Department of Natural Resources Derelict Creosote Piling Removal Best management Practices.

Petrogas is planning to dredge by means of mechanical bucket dredging using a crane and barge. The barge will spud in to stabilize the equipment while working. The spoils will be deposited on a barge for open water disposal or if deemed unsuitable, delivered to an approved upland solid waste facility. The overall dredge design depth is -38 feet (not including 2 ft of overdepth) MLLW.

Project Construction Sequence:

1. Dredging will take 15-25 days assuming weather is appropriate. Accounting for regular monthly ship traffic, total project time is estimated to take up to 2 months. ● The contractor is planning to dredge by means of mechanical bucket dredging using a crane and barge. ● The barge will spud in to stabilize the equipment while working. ● As work is done, multibeam sonar will be used to measure the depth of the cut and ensure the dredging is done to the design specifications. ● As the sediment is dredged, the spoils will be deposited on a barge for open water disposal or if deemed unsuitable, delivered to an approved upland solid waste facility. ● The overall dredge design depth is -38 feet (not including 2 ft of overdepth) MLLW. ● The dredge bucket will not over-penetrate surface sediments, which can cause sediment to be expelled from the vents in the bucket, or cause sediment to become piled on top of the bucket, and then become eroded during bucket retrieval. ● The bucket will be closed smoothly when it is collecting dredge material. ● The method of operating the dredge will be modified based on changing site conditions, such as tides, waves, currents, and wind. ● Multiple bites while the bucket is on the bottom will not be permitted. ● Dredged material aboard the barge will be observed daily for the presence of fish to ensure that they are not being entrained by the clamshell bucket. If

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entrainment occurs, crane operation will be slowed to increase opportunity for fish to avoid the bucket. ● The barge will be managed such that the dredged sediment load does not exceed the capacity of the barge. The load will be placed in the barge to maintain an even keel and avoid listing. ● Water quality will be monitored during dredging to ensure compliance with Washington State Surface Water Quality Standards (WAC 173-201A) or per the terms of the project permits.

2. If open water disposal is approved the following methods will be used: Using GPS, a tug boat will orient the barge at the disposal site. A front-end loader will scoop sediment from the deck of the barge and offload it over the edge of the barge. As the sediment deposits on the seafloor, the tug captain will track the location of the boat to distribute the sediment as evenly as practicable over the disposal site. This method allows for more even distribution of sediment when compared to a dump scow. This also reduces the impacts on benthic biota that reside in the sediments allowing for earlier recolonization of the surface sediments.

Project Schedule:

The project will be planned and completed during Washington State Department of Fish and Wildlife (WDFW) and United States Army Corps of Engineers (USACE) designated in-water work windows to minimize impacts on the local biota and critical habitat.

Supplemental Application Extended Responses

1. Property Description:

The property is a timber pier structure located at 4050 Mountain View Road, Ferndale, Washington. The pier, which was originally constructed in 1965, has undergone frequent routine repairs to maintain it in a fully serviceable condition. The structure serves as a loading point for LPG (Liquid Petroleum Gas). The pier is also a receiving point for raw aluminum ore, which is offloaded from ships with a clamshell transfer bucket and conveyed to shore with an enclosed conveyor belt system. The conveyance pipe for Intalco Aluminum Corporation’s main wastewater and stormwater outfall also runs along the pier to a diffuser below the surface of the water. The Pier serves as a deep water port on the east bank of the Strait of Georgia, a large marine inlet with heavy commercial boat traffic. The area is zoned heavy impact industrial and is neighbor to other industrial facilities that refine and distribute petroleum and smelt aluminum.

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Adjacent properties to the pier include oil refineries to the north and south, an LPG terminal facility to the southeast, an aluminum smelter to the east and railway property running north-south.

2. Shoreline Designation Regulations

Per 23.90.120(B)(1)(c): This project is permitted as Maintenance dredging for the purpose of restoring a lawfully established development.

Per 23.90.120 (4) Spoils Disposal: Petrogas has developed a Sediment Sampling and Analysis Plan (SSAP) by way of the sediment sampling experts at Anchor QEA, in coordination with the US Army Corps of Engineers Dredged Materials Management Office (DMMO), to collect core samples of the sediment to characterize the sediment quality. The results of this sampling and analysis will be submitted to the DMMO to determine what locations are available for proper disposal of dredged sediment. The selected location will either be a DMMO approved open-water disposal site or the sediment will be sent to an approved upland landfill. Either result will meet the Whatcom County spoils disposal regulations when combined with project BMPs and mitigation measures.

23.90.120 Dredging. 23.90.120(5) Minimum Requirements:

a. A description of the purpose of the proposed dredging and an analysis of compliance with the policies and regulations of this program: See the Substantial Development Permit (this document) b. A detailed description of the existing physical character, shoreline geomorphology and biological resources provided by the area proposed to be dredged, including: See the Critical Areas Assessment. ​

i. A site plan map outlining the perimeter of the proposed dredge area. The map must also include the existing bathymetry depths based on mean lower low water (MLLW) and have data points at a minimum of two-foot depth increments. See Design Drawings in attachments.

ii. A habitat survey must be conducted and WDFW must be contacted to ensure the survey is conducted according to the most recent WDFW eelgrass/macroalgae survey guidelines. Not Applicable. The dredging project is not in shoreline habitat. Nearby habitat surveys conducted in 2005 showed marine algae are growing attached to the

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gravel and cobbles in the intertidal and subtidal area. These algae include short green and red algae such as Ulva and Mazzaella, and the taller brown algae such as the bull kelp (Nereocystis luetkeana) and Laminaria spp. The native eelgrass, Zostera Marina, is growing in low density beds with patchy distribution in the intertidal zone and to the depth of approximately -10 feet MLLW. The patches of eelgrass are approximately 1,200 feet landward from the project area.

Adjacent to the dock to the north, at +10 to +2 feet above MLLW there is small cobble and no vegetation. At +2 feet to MLLW there is small cobble and patchy presence of macroalgae. Adjacent to the dock to the south, at +10 to +2 feet above MLLW, there is coarse sand, mixed cobble and boulders. At +2 feet to MLLW, there is coarse sand, small cobble and patchy presence of macroalgae (Kyte, 2014).

The intertidal sediments and those of the shallow subtidal zone, above approximately 10 feet below mean lower low water (-10 ft MLLW), are subject to disturbance by wave and tidal current action and are characterized by “mixed coarse” materials dominated by boulders, cobbles, gravel, and the larger particle range of sand (Dethier 1990 cited in Kyte 2014). In the vicinity of the pier, beaches have lower slopes, are generally covered by gravels with boulder beds, and more sand is present. Substrates in the intertidal to shallow subtidal zones along this portion of the beach are mixed coarse sediments with sand and gravel overlain and mixed with cobble and boulders. Between the Petrogas Pier and Phillips 66, beds of large boulders and the relatively sheltered aspect of the low tide terrace allows finer particles to accumulate and patches of muddy sediments are occasionally present. Mixtures of gravel and sand characterize the upper beach face and high tide berm from the Petrogas Pier to Phillips-66. Beach face and high tide line sediments are sandier on the south of the pier head than to the north (Kyte, 2014). Herring and surf smelt spawning does not occur in riprap material and the adjacent project area shoreline is covered by rip rap.

1. Dethier, M.N. 1990. A Marine and Estuarine Habitat Classification System for Washington State: Olympia, Wash., Natural Heritage Program, Washington Department of Natural Resources. 2. Kyte, Michael A. 2014. A Systematic Qualitative Examination of the Intertidal Zone of the Cherry Point Shoreline in the Vicinity of Alcoa Intalco Works, 2014. Report to the Department of Natural Resources, pg. 16-17

Please see the Critical Areas Assessment for additional details.

iii. Information on stability of bedlands adjacent to proposed dredging and spoils disposal areas.

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The seafloor at this depth is characterized as very low grade, barren, soft, sandy substrate, primarily composed of fine sediment (Anchor QEA 2016). The sediments originate from the feeder bluffs and strong littoral drift from north to south along the east shoreline of the Strait of Georgia. Disposal will be distributed at a site in such a manner that there will be no stability issues. The proposed disposal site just west of the Pier has similar characteristics, with two approximately 200 foot wide, 10 foot deep holes that could be filled per the pending agreement with the Washington State Department of Natural Resources. c. A detailed description of the physical, chemical and biological characteristics of the dredge ​ ​ spoils to be removed. The sediment sample results will be submitted to Whatcom County as soon as the results report is received. Biological analysis will only be done if chemistry does not meet the sediment standards. d. A description of the method of materials removal, including facilities for settlement and movement. Please see Biological Evaluation and JARPA documents. e. Detailed plans for dredge spoil disposal, including specific land disposal sites and relevant information on the disposal site, including but not limited to: i. Spoils disposal area: (A) Physical characteristics including location, topography, existing drainage patterns, surface and groundwater; (B) Size and capacity of disposal site; (C) Means of transportation to the disposal site; (D) Proposed dewatering and stabilization of spoils; (E) Methods of controlling erosion and sedimentation; and (F) Future use of the site and conformance with land use policies and regulations.

ii. Total initial spoils volume. iii. Plan for disposal of maintenance spoils for at least a 50-year period. The spoils disposal and management plan will be submitted to Whatcom County once reviewed and approved by the DMMO. All required information listed above will be included. f. Hydraulic modeling studies sufficient to identify existing geohydraulic patterns and probable effects of dredging. The best developed hydraulic modeling study in the area was the Coastal Circulation and Effluent Transport Modeling at Cherry Point, Washington, conducted by the Pacific Northwest National Laboratory. This study was initiated by Cherry Point Industries to specifically evaluate the potential for cumulative effects from multiple sources of

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industrial effluent in the study area. The EFDC model was setup and calibrated using oceanographic data was collected specifically for the model development. Sensitivity analysis was conducted to evaluate the importance of baroclinic forcing in comparison to barotropic motion. The near-field dilution and farfield effluent plume transport components were calibrated using historical dye study data from the site. The study showed conclusively that accumulation of effluent does not occur. Effluent concentrations reach a dynamic steady state within a few days from the start of the discharge (NASEM 2003). For sediment transport in the area, the results mean suspended solids would similarly follow the predominant net current south and settle or diffuse along the way. As feeder bluffs along the east edge of Strait of Georgia Coast are eroded, the sand, rocks and slit are sorted by wave action. The rocks are left, forming the cobbled beaches to the north of the Petrogas Pier while the southern current and wave action from the northwest pulls the sandy sediments in and out, pushing it south to eventually form the spit of Neptune Beach while also diffusing sand to the deeper water seafloor (Terich, 1977). The Petrogas Pier and bulkhead somewhat impede natural sediment transport down the beach relative to the structures not being there. This results in sediment slowly accumulating in the area of the pier. To maintain safe operations at the facility maintenance dredging is required to remove this deposited sediment.

1. National Academies of Science, Engineering and Medicine. 2003. https://trid.trb.org/view/761891

2. Pacfic Northwest National Laboratory. 2019. https://energyenvironment.pnnl.gov/projects/project_description.asp?id=318

3. Terich. 1977. Coastal Processes of The Whatcom County Mainland. Dept. of Geography and Regional Planning, Western Washington State College. Pg. 20-23.

3. Shoreline Designation Policies

Per 23.90.120(A):

1. Dredging should be permitted for water-dependent uses of economic importance to the region and/or essential public facilities only when necessary and when alternatives are infeasible or less consistent with this program. This dredging project provides continued safe operations for two water-dependent industries. There are no other reasonable alternatives to this project.

2. Dredging to provide water-oriented recreation should not be permitted.

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This project is not for recreational purposes.

3. Minor dredging as part of ecological restoration or enhancement, beach nourishment, public access or public recreation should be permitted if consistent with this program. Not Applicable.

4. New development should be sited and designed to avoid or, where avoidance is not possible, to minimize the need for new maintenance dredging. Not Applicable - This project is maintenance dredging at an existing, permitted site.

5. Dredging of bottom materials for the primary purpose of obtaining material for landfill, construction, or beach nourishment should not be permitted. The purpose of this project is maintenance dredging.

6. Spoil disposal on land away from the shoreline is generally preferred over open water disposal. The DMMO will review the chemical analysis of sediment and identify appropriate disposal options depending upon the sediment quality. If sufficiently clean, Petrogas will likely select open-water disposal. Disposal will not be near the shoreline.

7. Long-term cooperative management programs that rely primarily on natural processes, and involve land owners and applicable local, state and federal agencies and tribes, should be pursued to prevent or minimize conditions which make dredging necessary. Petrogas is proposing this project because it is necessary maintenance for safe operations. Sediment accumulation has resulted in requiring additional ship movement and use of tugboats. Dredging will reduce this traffic and impact in the Strait of Georgia.

5. Cumulative Environmental Impact Per RCW 90.58.020 If other, similar proposals were granted for other developments in the area where similar circumstances exist, the sum of the permitted actions would show a net improvement in the area by reducing cumulative impacts. This project has temporary and limited environmental impacts that are mitigated by the implemented best management practices and mitigation measures. Noise produced by this project is non-impulsive and only reaches disturbance level. Sediment disturbance results in temporary increased turbidity, but turbidity levels will be monitored and action taken if nearing the compliance limit. This project will provide long term reduction of the local environmental impacts by reducing ship reberthing and tugboat traffic at Petrogas Pier. These actions protect the local ecological functions and processes by reducing the risk of a ship grounding at the

8 Petrogas Ferndale Wharf Subsurface Reclamation Project Dredging Activities pier. They will also result in reduced emissions and hydroacoustic impacts from additional ship movement. There is no net loss in ecological function from this project.

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