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IN THE MATTER OF GRANTING A ) ORDER#13273 <br /> WATER QUALITY ) Corps Reference#NWS-2013-1077 <br /> CERTIFICATION TO ) Smith Island Terminal Project; Wetlands,Lower <br /> Smith Island Terminal,LLC ) Snohomish River Estuary, Everett, Snohomish <br /> in accordance with 33 U.S.C. 1341 ) County, Washington. <br /> (FWPCA § 401), RCW 90.48.120, RCW ) <br /> 90.48.260 and Chapter 173-201A WAC ) <br /> TO: Smith Island Terminal,LLC <br /> Attn: Mark Wolken <br /> 2903B Hewitt Avenue <br /> Everett, WA 98201 <br /> On February 24, 2014, Smith Island Terminal,LLC submitted a Joint Aquatic Resources Permit <br /> Application(JARPA)to the Department of Ecology(Ecology)for a Section 401 Water Quality <br /> Certification.A revised JARPA was submitted to Ecology on November 6, 2014, and the JARPA <br /> was withdrawn and re-submitted on November 3, 2015. The U.S. Army Corps of Engineers <br /> (Corps)distributed a joint public notice regarding the request for the above-referenced project <br /> pursuant to the prosions of Chapter 173-225 WAC on September 15, 2015. <br /> The proposed projet would include: <br /> : constmctioioft;oconnecting: llinesofapproximatelyo:feeteach aiately00feeteach toreach the <br /> nearbymaiineBlingtonNorthernStaFeilwayCompy(BNSFConstctioofproximately8400feetoflooptrack( ofullloops) dcillstoragetracloading areas, office and maintenance building, a paved equipment <br /> storage area, stormwater collection and treatment facilities. <br /> • Construction of an undercrossing of the BNSF mainline to provide grade-separated access <br /> for the terminal and other properties on Smith Island, a new access road outside of the <br /> track to access Cedar Grove Composting and its public access trail. <br /> • Relocation of utility poles. <br /> • Reconfiguration and minor changes to the trail to accommodate bridging for dike <br /> breaches,tidal connection,and buffer enhancement. <br /> The project will permanently fill 12.35 acres of regulated water bodies, including 11.75 acres of <br /> wetlands and 0.6 acre of ditches. Approximately 1.79 acres of palustrine wetlands, 2.5 acres of a <br /> freshwater blind slough, and 0.44 acre of ditches will be converted to tidal wetlands as part of the <br /> project mitigation. <br /> Mitigation for wetland impacts includes the creation of 2.4 acres of on-site, in-kind palustrine <br /> wetlands; creation of 14.23 acres of on-site, out-of-kind intertidal salt marsh habitat; conversion <br /> of 1.79 acres of palustrine wetlands into intertidal habitat, and conversion of the blind slough(2.5 <br /> acres)in Mitigation Area 2 into intertidal habitat. This total of 20.92 acres of compensatory <br /> wetland mitigation is outlined below: <br />