NORTHWEST INDIAN COLLEGE COAL TRAIN - Awareness Plan

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NORTHWEST INDIAN COLLEGE COAL TRAIN - Awareness Plan
2012

  NORTHWEST
  INDIAN COLLEGE
  COAL TRAIN
  Awareness Plan
  Prepared by the NWIC Coal Train
  Awareness Group (C-TAG)
  An all-inclusive student produced document. Involvement includes
  student input from NWIC: Lummi, Muckleshoot, Tulalip & Port
  gamble S’Klallam Campus’s.

                                    N.W.I.C. C-TAG Group
                                          Lummi Campus
                                                    2012
NORTHWEST INDIAN COLLEGE COAL TRAIN - Awareness Plan
“If we fail to embrace the protection and tranquility of our
environment, our treaties, culture and history will only be a
                    memory of our elders…”

      Mr. Wayne Woods, Northwest Indian College, Class Instructor
                            March 2012
NORTHWEST INDIAN COLLEGE COAL TRAIN - Awareness Plan
ACKNOWLEDGMENTS

.

NWIC Communication Students

                Jessica Harshman
                Mackenzie Revey
                Dakota Jefferson
                Kristina Burke
                Nova Pulsifer
                Ira Elkins
                Taylor Jessepe
                Rose Davis
                Margaret Tumangday
                No-Yectee-Hemeh Alexis
                Claudia Griffin
                Kristina Garrison
                Brittany Cagey
                Cyrus Hatch
                James Jackson
                Cherie Mault
NWIC Staff Guidance:
                Mr. Wayne Woods
Photo Contributors:
                Northwest Indian College
                Western Washington University
                University of Washington
                Everett Herald
                Tulalip Tribes
NORTHWEST INDIAN COLLEGE COAL TRAIN - Awareness Plan
Northwest Indian College
                                                              Comprehensive Coal Train Document

                    Chapter 1: Introduction
BACKGROUND
The Northwest Indian College (NWIC) Coal Train Comprehensive Plan has been written and

established in order to highlight official student concern in the economic, physical environment,

and personal health concerns arenas. The plan is intended to be used as a tool to promote the

general health, safety, and welfare of current Lummi tribal members as well as other surrounding

tribes, future Lummi generations and local environment. This plan has also been written

understanding that there is also a balancing needed for further economic growth. In the future the

NWIC Coal Train Awareness Group also hopes that this plan is used to better educate both

Tribal and Non-Tribal community members as well as other communities along the proposed

railways.
NORTHWEST INDIAN COLLEGE COAL TRAIN - Awareness Plan
Along with the Lummi-specific aims of the plan, the NWIC Coal Train Awareness Group

(NWIC CTAG) has also recognized Non-tribal Community impacts on and off the reservation.

This style of inclusion is a reflection of the diverse NWIC community and the understanding that

all things on earth are intertwined.

Lummi Reservation as Taught by Our Elders

Lummi is a special place- a spectacularly beautiful area on the eastern shore of Washington

states’ Puget Sound. It is the CTAG groups understanding and knowledge, that all things are

connected and our survivability both now and in the future is directly tied to the health of our

environment. This plan highlights our creative understanding of economics while also

highlighting our understanding that we, as educated youth are simply the current stewards of an

environment with resources that are not endless.

The C-TAG Group also understands that if allowed development would need to be specially

located to avoid damage to our environment. CTAG Group also knows that our sensitive

environment is the backbone of our tribal lifestyle and culture.

The following are maps purposely placed early in the plan to highlight the area of proposed train

movement and location as per the Lummi Nation.
NORTHWEST INDIAN COLLEGE COAL TRAIN - Awareness Plan
Train Flow Plan
NORTHWEST INDIAN COLLEGE COAL TRAIN - Awareness Plan
Chapter Two: Environment

Air Quality

Pollutants that diminish air quality with in the Lummi community come from both natural and

manmade sources. Natural sources include: dust, smoke from fire, dust blown in from storms and

debris left after volcanic activity. Manmade items that demist air quality on the Lummi

reservation include utilities, manufacturing and petroleum refinement as well as mobile activates

such as cars, trucks, boats, lawn mowers, plans and trains.

Current Air Quality Conditions

For most of the year, outdoor air quality on the Lummis reservation is rated “good” based on

state and tribal departments and agencies. The reservation and surround area is presently in

compliance with national ambient quality standards.
NORTHWEST INDIAN COLLEGE COAL TRAIN - Awareness Plan
With the proposed plan for the Gateway Pacific Terminal there are many factors to consider.

One of which is the impacts and degradation of air quality caused from the coal trains. With the

air quality in topic there a two major factors aiding in pollution; coal dust and diesel fuel

emissions. These two issues have a major critical factor in weighing the pros to the cons.

Pollution is an ongoing battle in today’s society and with the implementation of this plan it is a

vital factor to take into consideration.

       SSA Marines estimation for coal export is 48 million metric tons, let’s put that number

for what it really is – 105 billion pounds. That number seems much higher than 48 million

metric tons but when we do the math it really puts the mind boggling number into perspective.

The estimation for the GPT proposal lists 125-150 rail cars full (a mile and a half in length) of

uncovered hard coal. The estimation from the Burlington Northern Santa Fe rail studies is that

each car will blow off 500-2,000 pounds of coal dust per trip from Powder River Basin to the

Northwest. Well, when we break this down, the number is incredible. Calculating per car at 500

pounds this would put the number at 62,500 to 75,000 pounds of coal dust to blow off per train.

Annually this puts the calculation of nine full train loads daily at 365 days a year at a staggering

205,312,500 to 246,375,000 pounds of a highly toxic pollutant in the air. Almost a quarter of a

billion pounds, this number is astronomical! Its effects will be devastating on the environment.
NORTHWEST INDIAN COLLEGE COAL TRAIN - Awareness Plan
There hasn't been a cap on the number of trains possible listed in this proposal. This is just an

estimate so it is rather easy to speculate that with more shipments there will be more money to be

made making it much easier to raise the amounts of coal to be shipped to Cherry Point and

exported for SSA Marine. The number of trains could be much higher than expected. Thus,

making the previous numbers of coal dust to be possibly even higher. On top of this issue, it is

uncertain as to who is going to foot the bill in regards to mitigation measures of how to control

the situation of containing the coal dust in adverse conditions such as harsh weather from wind

and the natural elements.

               The diesel outpour of toxic fumes and matter from these coal trains is rather

alarming also. With coal being so heavy, approximately 286,000 pounds per train car, it will take

4-5 diesel locomotives to pull these loads, as compared to the average 1 locomotive per train. So

this more than quadruples the diesel particulate matter released into the air per train. With an

average of 15 trains traveling through Bellingham this more than doubles the train traffic, from

15 to 33 (est.). When adding the coal train into the equation and on top of that, that diesel output

is up to 80 -100 locomotives in a daily coal train run. This is an increase of 500-600% of diesel

output. With the trains being so heavy they will have to take longer ground routes that will add

even more pollution to the air, it is pretty obvious that these numbers are way too high and very

alarming.

               Both of these factors also have a great affect in global warming. Global warming

is on the rise and it is not an advantageous situation to us inhabitants. It is going to have a

downward spiral effect if we don't utilize and treat our fossil fuels properly. Specifically how we

go about refining and transporting these resources. We keep using minimal regulation and “turn

the cheek” methods of how we deal with the effects of pollutants in our world.
Transportation Issues

Cherry Point has three existing loading terminals; BP, Intalco, and ConocoPhillips. These three

terminals have 850 transits per year. This is about three transits per day. Each terminal can load

two boats at once, so why another terminal? Peabody Energy, one of the largest coal companies

in the world wants a terminal that can handle cape-size vessels. Cape-size ships are vessels too

large to cross the Panama Canal. Cape-size vessels can hold up to 140,000 metric tons, which is

80,000 more than panamax vessels. If the Gateway Pacific Terminal proposal is approved,

shipping traffic will double. Nearly all of the ships will be panamax or capesize vessels. Cherry
point is a prime location for Peabody as it would be three days closer to Asia, than the nearest

terminal that can handle cape-size ships.

Pacific Terminal proposal approval would add 221 to 487 annual transits by 2025 and after phase

two is finished. Most of these trips would be completed by panamax and capesize ships. Traffic

increase of 60 percent is predicted in the Rosario Strait which is already congested because of its

one-way path for deep draft vessel traffic.

Photo of possible Cherry Point site.

Below is a picture of current coal transportation method in China.
Train/Coal Mining Effects Environment

The coal train will affect people who are ranching and people who own agriculture properties;

usually these properties are very large and have a rail road that cuts through it. With the

increased amount of trains that they say will be running each day, it will make these lands more

dangerous and difficult for farmers to tend to their crops. These trains are a threat to our food

sources.

       Coal mining and strip mining means they will be scraping away earth and rocks to get to

coal that is buried near the surface. Through this process of mining, mountains are blasted apart

to reach the thin coal seams that are inside of it leaving permanent damage on the landscape as a

result. Strip mining destroys landscapes, forests and wildlife habitats at the site of the mine

where trees, plants, and topsoil are cleared from the mining area. This usually leads to soil

erosion and destruction of land that could be used for agricultural land. From time to time, coal

mining disturbs whole communities because they are forced off their land by expanding mines
Coal mining affects thousands of acres of land in the US, numbers as large as 1930 and

2000 acres. Coal mining disturbed about 5.9 million acres of natural landscape, and most of it

was originally forest. An attempt to re-seed some of the land that was destroyed by coal mining

and this was difficult because the mining process had done such severe damage to the soil. For

example, in Montana, replanting projects had a success rate of only 20-30 percent, while in some

places in Colorado only 10 percent of oak aspen seedlings that were planted survived. In China,

coal mining has really harmed the quality of land; an estimated 3.2 million acres were harmed,

according to a 2004 estimate. The overall restoration rate of a mine wasteland was only about

10–12 percent.

Below is a picture or a current east coast mine.
Cost

The Terminal would cost between $500 and $700 million dollars. BNSF railway, Gateway

Pacific Terminal, Goldman Sachs, Peabody energy, Berkshire Hathaway, and Carrix/SSA marine

are all investors in this project that they would like to pursue. SSA marine promotes the fact that

they will pay ten million annually in taxes, although federal law prohibits railroads from paying

more than ten percent. Taxpayers would have to help pay for building the infrastructure to

support additional rail traffic. It is unclear as to who might pay for any safety measures, or

improvements. There are also mitigation costs and by law, are normally borne by the shipper, in

this case would be Peabody and SSA Marine. Overpasses could cost millions, if not billions of

dollars. Research is being done to assess how many critical crossings would require grade

separation (Building a single grade separation can easily cost $20 million). It is stated that the

profits to be made from transporting and exporting coal would go to the interested parties: SSA

marine, Peabody, BNSF railroad, etc.

Health Effects

       In an article of The Coal Train Facts it states that, the leaching of toxic heavy metals from

coal ash into water supplies is a proven problem. Exposure to arsenic, cadmium, barium,

chromium, selenium, lead and mercury can cause any number of health problems, including

cancers and neurological diseases. It is unknown if and to what extent these heavy metals might

leach out from the coal and/or fugitive coal dust, from the train cars and at the terminal storage

site, into local water supplies and into the marine environment. There are potential implications

for the safety of the water we drink and the seafood we eat (facts, coal train facts/ coal dust ).
Also, in this article it goes on to say that the scale of the proposed terminal would require

a dramatic increase in the number of diesel-burning locomotives and marine vessels affecting

Puget Sound air sheds. Diesel particulate matter is a particularly noxious form of air pollution, as

it is of sufficiently small size (PM 2.5) to embed in the lung tissue. Diesel particulate matter is

associated with both pulmonary and cardiovascular issues, including cancers, heart disease, and

asthma. Children, teens and the elderly are especially vulnerable. Noise exposure can cause

cardiovascular disease; cognitive impairment in children; sleep disturbance and resultant fatigue;

hypertension; arrhythmia; and increased rate of accidents and injuries; and exacerbation of

mental health disorders such as depression, stress and anxiety, and psychosis. Transporting coal

to China in particular has the potential to raise levels of mercury in our waters. Mercury is

associated with neurological dysfunction, as in ALS, Parkinson’s, and Alzheimer’s (facts, coal

train facts/ coal dust ).

In the absence of data from proprietary internal studies conducted by BNSF, as noted

above, it is difficult to accurately predict the airborne respirable dust load for our specific

community from the proposed transport of coal to and from the Gateway Pacific

Terminal. Quite apart from the respirable fraction, however, fugitive coal dust emissions

are an undeniable and costly nuisance pollutant to businesses and residences along a rail

line, or near a coal terminal, with substantial economic impact simply due to the need for

frequent cleaning (Cope et al 1994, from a British Columbia study). Finally, coal dust in

all size fractions contains varying amounts of heavy metal contaminant such as Lead,

Mercury, Chromium (Sharma and Singh 1991) and Uranium, particularly in coals from

the Powder River Basin.
Whether this contamination will lead to a substantial health impact deserves further study, in the

form of a formal assessment by the Department of Health, or within the context of a

comprehensive environmental impact study.

In summary, airborne fugitive coal dust emissions will occur from the transport of coal to

and from the Gateway Pacific Terminal, the largest coal terminal ever proposed for the

west coast of North America. These emissions will certainly result in nuisance pollution.

The health effects for our community’s citizens can be predicted, but not known, for many years

to come (facts, APPENDIX B: Health Impacts of Coal Dust).

In a careful review of the data published in peer-reviewed medical journals shows that:

Diesel particulate matter is associated with:

       impaired pulmonary development in adolescents;

       increased cardiopulmonary mortality and all-cause mortality;

       measurable pulmonary inflammation;

       increased severity and frequency of asthma attacks, ER visits, and hospital admissions in

       children;

       increased rates of myocardial infarction (heart attack) in adults;

       increased risk of cancer.

Coal dust is associated with:

       chronic bronchitis;

       emphysema;
pulmonary fibrosis (pneumoconiosis);

       environmental contamination through the leaching of toxic heavy metals

Noise exposure causes:

       cardiovascular disease, including increased blood pressure, arrhythmia,

       stroke, and ischemic heart disease;

       cognitive impairment in children;

       sleep disturbance and resultant fatigue, hypertension, arrhythmia, and increased rate of

       accidents and injuries;

       exacerbation of mental health disorders such as depression, stress and anxiety, and

       psychosis.

Frequent long trains at rail crossings will mean:

       delayed emergency medical service response times;

       increased accidents, traumatic injury and death.

       (facts, coal train facts/whatcom docs position statement and appendices )

Labor Issues

After reading a few different articles about the employment concerning the coal train, we have

noticed that in each article they describe a different number of job opportunities. We read about

the employment/jobs in two different websites, one website being the www.coaltrainfacts.org

and another being www.nationalgeographic.com.
In the Coal Train Facts article it states that there will be 89 full time jobs, and depending on

demand, the number could grow to 160 jobs by 2017 and 213 jobs by 2026. Also by 2026, the

Project Information Document (PID) projects 8 loaded trains (round trips) per day of 150 cars

each. And logistics might create more jobs if its ambitions are actually to move 20 to 60 million

tons of coal per year.

In the National Geographic article, it states that the port operator; SSA Marine, promises a

number of 1,250 permanent jobs and $200 million annually in new economic activity.

Bellingham’s economy has suffered significantly with that the nation with unemployment about

9% this year. SSA Marine promises to make the Gateway Pacific Terminal project the largest

shipping over two years of construction, the project would provide jobs for an estimated 3,500 to

4,00 workers. Also in this article the writer interviewed Bellingham’s mayor Dan Pike. In his

interview he describes how it is very challenging to say no to this project considering that many

people have been without jobs for so long and can’t find any work. Pike also has doubt that the

coal port would ultimately provide as much long-term employment as promised. “Why would we

risk 10,000 jobs for a few hundred?” says Dan Pike.

Over all we feel that Dan Pikes statement is true, why would we risk so many jobs for a few

hundred? We know it must be tempting and that it would help a lot of people and families but it

is hurting our environment, and the beautiful land where the Gateway Pacific project may be

located. If it is placed there then our land on Cherry Point will be destroyed.

The coal train may create some jobs in that area, but it will also cause jobs to be lost. Because the

coal train is going to cause so much pollution in the air and water it can cause red tides and

fishermen cannot go get shell fish and are going to lose money on that. Not only that it can cause
the fish to die off and if not kill all the fish but it can make them so polluted that they cannot be

fished because they have so much pollution in them.

Below is a picture of where coal will be pulled from. This photo is used to show how large or an

area people are willing to explode to produce the above mentioned jobs.
Chapter Three: Tribal Rights and Fishing
Fishing Issues
Partly due to its deep water feature, Cherry Point has been an especially rich and fertile marine

area. The waters around Cherry Point have traditionally been part of abundant salmon and

lingcod fisheries. There has also been a vigorous recreational, commercial, and tribal Dungeness

crab fishery. Damages to the local herring population would result in damages to the salmon and

lingcod fisheries, as herring are a primary source of nutrition for these fish. Heavily increased

marine traffic could result in losses both the fisheries and the fisherman, as crabbing gear can be

destroyed or carried away by large marine vessels.

Herring Populations, Eelgrass Beds and Fisheries:
According to the Cherry Point Aquatic Reserve Management Plan, there are several factors that

could disturb the already fragile herring population. Light, noise, shading, and movement from

the terminal and/or from marine vessels could disrupt herring spawning. Many fish, mammals,

and aquatic birds are dependent upon herring, including: Pacific Cod, Lingcod, halibut, Chinook

salmon, harbor seals, herons, western grebes, common murres, rhinoceros auklets, tufted puffins,

orcas, seals, sea lions, Dall’s porpoises and surf scoters.

The Department of Natural Resources (DNR) has extensively studied the Cherry Point herring

population and its decline. Their website contains a study called “Covered Species Paper” that

documents the health of the Cherry Point Pacific herring population (see pps. 3-80 through 3-87).

Two state agencies, Puget Sound Partnership (PSP) and DNR, have been studying eelgrass in the

Puget Sound because it is a preferred habitat for herring spawn deposition. PSP has just adopted

“Recovery Targets” for Puget Sound eelgrass.

Much has been written about the decline of anadromous fisheries in the Puget Sound.

Anadromous fish are those that are born in fresh water, live their lives in salt water, and then

return to fresh water to spawn. Salmon and smelt are examples. The importance of estuaries in

marine life can not be overstated; a healthy estuarial system is critical to the survival of certain

species. DNR has done a study on threatened and covered species listed under the Endangered

Species Act (ESA) as a part of its “Aquatic Lands Habitat Conservation Plan.” You can also see

the National Marine Fisheries Service website, which administers the ESA and recovery

planning for listed species.

Twenty tribes that comprise the Northwest Indian Fisheries Commission. Lummi, Muckleshoot,

Nisqually and Tulalip, harvested 53 million salmon in 1985; by 2000, the number had
plummeted to 500,000. These tribes, whose members once earned a decent living from catching

and selling salmon now face unemployment rates more than ten times the national average.

Tribal Issues

1) TRADITION
    a) Loss of traditional land
    b) Unable to use land to preserve for future generations
    c) It is a conflict between tribal traditions and economic self-sufficiency that has long divided
       people here and on other reservations across America with coal, oil and gas and other mineral
       reserves.

Tuesday September 8, 2009

Powder River Basin Photos - ExactRail's Johnstown America AutoFlood II
As you know, unit coal trains travel the Powder River Basin almost endlessly and ExactRail's Johnstown
America AutoFlood II is frequently on parade
In 1923, a tribal government was established, to help meet the increasing desires of American

oil companies to lease Navajo land for exploration. Navajo government has evolved into the

largest and most sophisticated form of American Indian government. The Navajo Nation

Council Chambers hosts 88 council delegates representing 110 Navajo Cheyenne tribes, like

many other plains Indians, were eventually forced off their land and onto reservations. Today,

the Northern Cheyenne reside primarily in Montana on their own reservations.
Economic Need Clashes with Tribe's Culture in Montana

Published in USA Today on March 3, 2009

LAME DEER, Mont. — Jobs are scarce and poverty is pervasive on the Northern Cheyenne

Indian Reservation, but rich coal deposits lie beneath the buttes where wild horses roam. For

decades, many members of the tribe have resisted coal mining. Now, increased demand for coal

and the election of a new tribal president who is determined to create jobs are reigniting debate

over energy development among the reservation's 4,500 residents. It's a conflict between tribal

traditions and economic self-sufficiency that has long divided people here and on other

reservations across America with coal, oil and gas and other mineral reserves.

Tribal Rights and Impacts

If the proposed Gateway project is approved it will be violating the rights of Lummi Indian

Reservation and the Indian Reservations along the railroad which the coal will be traveling.

       Impact on the Lummi Nation

               a. Indian Hunting and Fishing Rights such stated in Article 5 of the Point Elliott

               Treaty of 1955. “The right of taking fish at usual and accustomed grounds and

               stations is further secured to say Indians in common with all citizens of the

               Territory, and of erecting temporary houses for the purpose of curing, together
with the privilege of hunting and gathering roots and berries on open and

       unclaimed lands. Provided, however, that they shall not take shellfish from any

       beds staked or cultivated by citizens.”

       b. Clean Water Act. Pollutants build up in the water used in the power plant

       boiler and cooling system. If the water used in the power plant is discharged to a

       lake or river or sea, the pollutants in the water can harm fish and plants. Also if

       rain falls on coal stored in piles outside the power plant, the water that runs off

       these piles can flush heavy metals from the coal, such as arsenic and lead into

       nearby bodies of water.

Impact on Indian Reservations along the BNSF coal railroad

       a. Clean Water Act. Coal mining contaminates bodies of water with heavy metals

       when the water used to clean the coal is discharged back into the environment.

       b. Water rights. Winters Doctrine. “Indian reservations are created by congress

       with the intention of making them habitable and productive, and whatever water

       is necessary to meet this goal is reserved by implication of the tribe’s use.” The

       pollutants of the coal dust would pollute water supply that is accessible to Indian

       Reservations along the coal railroad.

If the rights of Indian and Tribes was violated

       a. Article I, section 8, clause 3 of the Constitution gives Congress the power to

       regulate commerce with Indian Tribes.
b. Trust relationship between the tribe and the United States, a relationship that

requires the federal government to enhance, not injure tribal interests. Supreme

Court explained in a 1989 case interpreting several Indian treaties: “Accordingly,

it is the intention of the parties, and not solely that of the superior side, that must

control any attempt to interpret the treaties. When Indians are involved, the Court

has long given special meaning to this rule. It has held that the United States, as

the party with presumptively superior negotiating skills and superior knowledge

of the language in which the treaty is recorded, has a responsibility to avoid

taking advantage of the other side. The treaty must therefore be construed, not

according to the technical meaning of its words to learned lawyers, but in the

sense in which they would naturally be understood by the Indians”.

c. Cases that would back up the violation of the rights. Winters v. United States,

January 6, 1908. Washington v. Washington State Commercial Passenger Fishing

Vessel Association, July 2, 1979. Union Pacific Railroad Company Settlement,

February 9, 2012. National Environmental Policy Act.
Summary

The students of NWIC fully acknowledge that we will be responsible for the planning and development
of resources of our future generations. We also know that the protection of current resources is our
given responsibility and our duty to our community members and elders. With this in mind, we
understanding that long range planning is a fundamental process for as large a project as the SSA
Marine proposal. As we became familiar with the project’s scope of work, published studies, and
published opinions, we started to ask about the basic facts about the effects of the completed project.
We questioned the process of completing the process. But most importantly, we asked about the
official return on investment to the U. S. economy, Washington State economy and Whatcom/Lummi
communities economies. Finally, we addressed the impacts to the environment of our community and if
the impacts could be mitigated over time.

The NWIC C-TAG teams’ final conclusion on the SSA Marine project was negative. Although many
business students sought to find a silver lining to defend possible job growth, no positive information
was found to support this. In addition there was no definite job growth or revenue generating parts of
the project that would be large enough to mitigate the impacts on commerce, traffic or environment
along the train’s travel path. Throughout the study the NWIC C-TAG team also encountered a plethora
of misinformation and inflated numbers by those proposing the project.

This project has some possibilities of being successful, environmentally safe, and profitable. However,
at this point a number of planning issues still need to be addressed. There have not been enough
studies on the impact on traffic. As presently proposed, the project does little to create and assure long
lasting employment for the community. The unanimous consensus of our group is that the negative far
outweighs the positive and that the Lummi Nation should deny access to SSA Marina though our land.
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