Hearing examiner decision on BHP potash facility permit expected mid-December

A decision on the City of Hoquiam shorelines permit necessary for the construction of a potash facility at the Port of Grays Harbor is expected by mid-December.

A public hearing on the permit was held in late October and a hearings examiner is in the process of going through the public comments and presentations by the city and BHP, the global mining company behind the proposed facility. The city has issued a “mitigated determination of non-significance,” meaning that some mitigation would be required to offset environmental impacts. The hearing examiner, Gary McLean, will determinewhether more environmental study is needed.

“The hearing examiner will render a decision on the environmental permits required by the city code,” said Ken Smith, BHP manager of corporate affairs.

“The shorelines permit includes a shorelines conditional use and a shorelines variance so the Department of Ecology will have the ultimate authority to approve or deny the permit,” said Hoquiam City Administrator Brian Shay.

If the hearing examiner issues a recommendation to approve the permit with conditions, “The Department of Ecology will have the final decision within about 30 days from receiving the complete application and recommendation from the city,” said Shay.

Hearing testimony

Testimony for and against the proposal, which would be centered at the Port of Grays Harbor shipping terminal near Bowerman Basin and Hoquiam’s sewage treatment facility, was heard during the Oct. 24 public hearing in the Hoquiam City Council chambers. More than 60 people attended.

A string of business and government leaders testified in support of the proposal and some people representing environmental interests pressed for requiring a full environmental impact statement.

Some of the 20 people testifying said the mitigation efforts by BHP were enough to approve the city’s mitigated determination of non-significance on the company’s shorelines permit application.

Others said the size of the project, and its location next to the Grays Harbor National Wildlife Refuge, should require a full Environmental Impact Statement.

The City of Hoquiam, led by Shay, described how the city and BHP have been engaged in discussions about the potential project since June of 2017 and asked McLean to approve the permits.

BHP gave a detailed presentation on the project, led by Smith, with a lot of details about the project itself coming from BHP study manager Trevor Heuer.

“We’re excited about the project,” said Heuer. “We think the Port is a good fit for our product.”

The company described environmental impact mitigation it will undertake as part of the construction of the facility, including three locations outside the Terminal 3 location. There are more than 20 mitigation efforts listed in BHP’s application, and the company believes it has taken the necessary steps to justify the mitigated determination of non-significance issued by the city.

Public comment was provided by numerous entities and citizens, including Hoquiam School Superintendent Mike Villarreal and Grays Harbor College President Jim Minkler, who both spoke in favor of the project. Representatives from the Grays Harbor PUD, Greater Grays Harbor Inc., the Washington Public Ports Association, the Port of Grays Harbor and the railroads also asked the hearing examiner to approve the project permits.

The Quinault Indian Nation said in written and oral testimony that “sufficient mitigation has not been done” to address potential impacts on treaty fishing rights caused by the construction and operation of the facility.

The nation also said other environmental impacts, including those to migrating and resident birds “utilizing the project area, adjacent to Grays Harbor National Wildlife Refuge,” were not adequately mitigated in BHP’s current project documents. The nation said it and BHP are involved in “ongoing discussions” about these potential impacts.

Prior to the public hearing, all three Grays Harbor County Commissioners provided letters of support for the project to the city. Commissioner Vickie Raines spoke at the hearing, saying she was impressed by the amount of community outreach undertaken by BHP over the past two-plus years, and saying construction of the facility would employ some 400 construction workers and operation of the facility would provide jobs for 40 to 50 people.

General public comments centered primarily around potential environmental impacts of the project, some speaking of the site’s location just east of the Grays Harbor National Wildlife Refuge.

Others were concerned about the impact of the eight to 10 additional trains moving through the region on traffic when the facility gets to full capacity.

Some talked about the increased noise caused by the operation of the facility itself as trains are unloaded and the potash is sent by belt to awaiting ships.

Arthur Grunbaum, president of Friends of Grays Harbor, was one of several who said a full Environmental Impact Statement should be required for the project.

Others expressed concern about the vibration and dust that could be associated with the facility, and one was concerned about lighting at the site that could impact shorebirds at the refuge.