1131 SW Klickitat Way Seattle Washington 98134 800/422-3505 tel 206/623-0179 fax
www.ssamarine.com
May 8, 2015
Sent via email and original via post
Michelle Walker Chief, Regulatory Branch Seattle District, Corps of Engineers PO box 3755 Seattle, WA 98124-3755 RE: NWS-2008-260 Gateway Pacific Terminal Dear Ms. Walker: We were surprised to receive your letter of May 7, 2015, sent less than 30 days after we received the Lummi Tribe’s declarations and your request for a detailed response in light of what we understand to be your commitment to careful consideration of these very significant issues. As you know, we first heard that the US Army Corps of Engineers (Corps) might consider early termination of the Gateway Pacific Terminal (GPT) review process based on a claim of tribal treaty fishing rights in the first part of 2014. We met with you, Colonel Estok, and other Corps staff on February 27, 2014. At that meeting, we were advised the Lummi Nation had been provided an opportunity to submit declarations to support their contentions that their treaty rights were impaired by the GPT project. We were told the Lummi Nation had been provided a specified amount of time in which to offer declarations and that the time period would be extended as needed so the Lummi had a full and fair opportunity to submit its information. With extensions granted to the Tribes, the Lummi Nation was provided over a year in which to submit its declarations. We understood from you that this was appropriate given the significance of these issues to all parties. At that meeting, we were assured by Col. Estok and you that Pacific International Terminals would have the same amount of time that Lummi, and other Tribes who may submit information, had in which to offer a response. Obviously, you did not realize at that time how long the process would, in fact, take with the Lummi Nation. Your commitment to allow for an ample period of time for us to respond was and is appropriate given the significance of these issues to the Corps of Engineers, the Lummi Nation, and Pacific International Terminals. At that meeting you also communicated that this would be an iterative process with ample opportunity for full review and opportunity to respond.
1131 SW Klickitat Way Seattle Washington 98134 800/422-3505 tel 206/623-0179 fax
www.ssamarine.com
Given the importance of the Corps of Engineers’ decision and the precedent it will set for future decisions by the Corps, there is every reason to take the time to get all of the facts before the Corps to inform its final decision. As you know, we are not in any way impacting the Lummi Nation’s fishing rights today. Nor will we be impacting them during the deliberations on these issues. There is no harm to the Lummi Nation in allowing us sufficient opportunity to gather the facts that we want to put before the Corps of Engineers. There is no need for a rush to judgment. While there is no harm occurring to the Lummi Nation while these issues receive careful deliberation, there will be significant harm to Pacific International Terminals, the Crow Tribe, and an expansion of U.S. international trade opportunities if and when the Corps were to make a decision adverse to the project. We are diligently pursuing gathering facts and searching for appropriate analytical support in order to provide you with an ample set of good facts on the U&A fisheries related issues. We will provide you next week with a preliminary list of topic areas, our approach to the analytical work, and at least an initial estimate of the timeframe to complete this work. At the conclusion of our meeting on April 10, 2015 when we were provided the Lummi fishers’ declarations, the Corps legal staff committed to send us your understanding of the de minimis test that would be applied by the Corps to the review of the information generated by the applicant. This information is important to us in order to help finalize our work plans. We want to assure you that we have been and will continue to diligently work on getting you facts and high-quality information to assist you in your decision-making. We look forward to continuing to work with you on these very important and challenging issues. Sincerely,
Skip Sahlin Vice President, Project Development CC: Colonel John G. Buck, Commander and District Engineer Matthew Bennett, Regulatory Branch, Seattle District U.S. Army Corps of Engineers Randel Perry, Regulatory Branch, Seattle District U.S. Army Corps of Engineers Francis Eugenio, Attorney, Seattle District U.S. Army Corps of Engineers
