SEPA ENVIRONMENTAL CHECKLIST
LEGAL AND LAND USE SECTIONS
Regional Flood Resilience and Stormwater Management Program Lower Nooksack Pump Station Network
Anticipated SEPA Project Number: SEP-2025-00487 CSIA Capital Project Number: CP-2025-NPS-004
Lead Agency: Whatcom County Department of Planning & Development Services 311 Grand Avenue, Suite 105 Bellingham, WA 98225
Attention: Lorraine Cho, Senior Planner
Prepared by: Rafael Dominguez, Associate Calderwood & Harkness LLP 999 Second Avenue, Suite 4200 Seattle, WA 98104
Reviewed by: Grace Nakamura, Lead Associate Calderwood & Harkness LLP
Prepared on Behalf of: Cascadia State Infrastructure Authority 1100 Jefferson Avenue SE, Suite 400 Olympia, WA 98501
Date of Preparation: May 2025 Target Submission Date: May 15, 2025
NOTE: This document presents the legal, land-use, and property-related sections of the SEPA Environmental Checklist (WAC 197-11-960) prepared by outside counsel. Technical environmental sections (geology, water resources, air quality, noise, vegetation, wildlife, etc.) are being prepared separately by Pinnacle Geotechnical & Environmental Consulting Inc. and will be incorporated into the final consolidated checklist prior to submission to the lead agency.
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A. BACKGROUND
A.1. Name of Proposed Project
Regional Flood Resilience and Stormwater Management Program — Lower Nooksack Pump Station Network (the "Project").
A.2. Name of Applicant
The applicant is the Cascadia State Infrastructure Authority ("CSIA"), a Washington State governmental instrumentality created and operating pursuant to Chapter 43.99N of the Revised Code of Washington ("RCW"). CSIA was established by the Washington State Legislature to plan, finance, design, construct, and operate critical public infrastructure projects throughout the State of Washington, with a particular focus on flood resilience, stormwater management, and regional utility systems.
The principal officers and representatives of CSIA relevant to this application are as follows:
• Executive Director: Martin R. Calloway
• General Counsel: Priya Shankar-Wells
• Director of Capital Programs: Connor Oakes
• Project Manager (Nooksack Pump Station Program): Teresa Villanueva
CSIA's headquarters address is:
Cascadia State Infrastructure Authority 1100 Jefferson Avenue SE, Suite 400 Olympia, WA 98501
CSIA's Employer Identification Number (EIN) is 91-2034781.
CSIA has full statutory authority to acquire real property interests (including through condemnation under Chapter 43.99N RCW), enter into construction and design contracts, issue revenue bonds, and accept capital appropriations from the Washington State Legislature in furtherance of its statutory mission.
A.3. Address and Phone Number of Applicant / Contact Person
The primary contact person for SEPA purposes is:
Teresa Villanueva Project Manager, Nooksack Pump Station Program Cascadia State Infrastructure Authority 1100 Jefferson Avenue SE, Suite 400 Olympia, WA 98501
For questions related to the legal, land-use, and property-rights sections of this checklist, inquiries should be directed to outside legal counsel:
Angela Fontaine Responsible Partner Calderwood & Harkness LLP 999 Second Avenue, Suite 4200 Seattle, WA 98104
All correspondence from the lead agency concerning this checklist should be directed to both Ms. Villanueva and Ms. Fontaine at the addresses provided above.
A.4. Date Checklist Prepared
This checklist was prepared during the month of May 2025. The target date for submission of this checklist to the lead agency is May 15, 2025. The legal, land-use, and property-related sections contained in this document have been prepared by Calderwood & Harkness LLP. The technical environmental sections are being prepared concurrently by Pinnacle Geotechnical & Environmental Consulting Inc. and will be consolidated into a single comprehensive checklist prior to the target submission date.
A.5. Agency Requesting Checklist
The agency requesting this checklist is:
Whatcom County Department of Planning & Development Services (Lead Agency) 311 Grand Avenue, Suite 105 Bellingham, WA 98225 Contact: Lorraine Cho, Senior Planner
Whatcom County has been identified as the lead agency for purposes of SEPA review pursuant to WAC 197-11-922 through WAC 197-11-948. CSIA has consulted with the Department of Planning & Development Services and confirmed that Whatcom County will serve as lead agency for this proposal due to its role as the primary local permitting authority for shoreline, critical areas, and land-use approvals associated with the Project.
A.6. Proposed Timing or Schedule
The following table sets forth the key milestones for the Project, including regulatory submittals, property acquisition targets, and construction activities:
This schedule reflects current planning assumptions and is subject to adjustment based on the duration of regulatory review periods, the status of property negotiations, and the timing of Section 106 cultural resources concurrence. CSIA will coordinate closely with the lead agency and all permitting authorities to maintain the Project schedule to the extent practicable.
A.7. Do You Have Any Plans for Future Additions, Expansion, or Further Activity Related to or Connected with This Proposal?
The Project is a component of CSIA's broader Regional Flood Resilience and Stormwater Management Program, which encompasses long-range planning for regional flood control and stormwater infrastructure improvements throughout Whatcom County and adjacent jurisdictions. However, this checklist addresses only the four-pump-station network (PS-1, PS-2, PS-3, and PS-4) and the associated approximately 6.2-mile force-main pipeline as currently designed and authorized.
No additional phases, expansions, or further construction activities beyond the scope of this Project have been authorized, funded, or approved by CSIA's governing board as of the date of this checklist. Should future phases or expansions be authorized, separate SEPA review will be conducted as required by applicable law.
CSIA is not aware of any connected actions, as defined under WAC 197-11-060, that are currently planned or proposed in connection with this Project.
A.8. List Any Environmental Information You Know About That Has Been Prepared, or Will Be Prepared, Directly Related to This Proposal
The following environmental studies, assessments, reports, and technical documents have been prepared or are currently in preparation in connection with this Project:
1. Phase I Environmental Site Assessment Reports. Phase I Environmental Site Assessment reports have been completed for all parcels affected by the Project. These reports were completed on January 22, 2025, by Pinnacle Geotechnical & Environmental Consulting Inc. (Dr. Raymond Ostrowski, PE, Principal-in-Charge). The Phase I reports were prepared in accordance with ASTM Standard Practice E1527-21 and applicable EPA All Appropriate Inquiries standards. No recognized environmental conditions ("RECs") were identified on any of the subject parcels. See Exhibit E for a summary of findings.
2. Phase I Cultural Resources Survey. A Phase I Cultural Resources Survey was completed on February 10, 2025, by Pinnacle Geotechnical & Environmental Consulting Inc. The survey identified one pre-contact archaeological site, designated as site 45WH-1287, located near the PS-3 site on Parcel 380220-108400 along Hannegan Road at the Nooksack River crossing. No historic structures, traditional cultural properties, or other cultural resources were identified on any other Project parcel. The survey was conducted in accordance with guidelines established by the Washington Department of Archaeology and Historic Preservation ("DAHP"). See Exhibit D for a summary of findings.
3. Wetland Delineation Report. A wetland delineation report was prepared by Pinnacle Geotechnical & Environmental Consulting Inc. in accordance with the U.S. Army Corps of Engineers Wetland Delineation Manual (1987) and applicable regional supplements. The delineation identified approximately 1.4 acres of Category III palustrine emergent wetlands within the PS-1 and PS-3 footprints. Anticipated permanent wetland fill is approximately 0.38 acres. See Exhibit C for a summary of findings.
4. Appraisal Report. An appraisal report for all easement areas on private property was prepared on March 14, 2025, by Northwind Valuation Group LLC (Jocelyn Trueblood, MAI), located at 505 Lakeway Drive, Suite 220, Bellingham, WA 98229. The appraisal was prepared in accordance with the Uniform Standards of Professional Appraisal Practice ("USPAP") and the Uniform Appraisal Standards for Federal Land Acquisitions ("Yellow Book") methodology, which CSIA has adopted as a best practice for transparency and consistency in public land acquisitions. See Exhibit G for a summary of appraised values.
5. ALTA/NSPS Land Title Surveys. ALTA/NSPS land title surveys have been prepared for all affected parcels by Ironclad Surveying & Land Services LLC (Karen Whitfield, PLS), located at 4850 Cordata Parkway, Suite 110, Bellingham, WA 98226. These surveys form the basis for the metes-and-bounds legal descriptions of all proposed easement areas. See Exhibit H for survey plat references.
6. Geotechnical Reports. Geotechnical investigation reports for each pump station site are currently in preparation by Pinnacle Geotechnical & Environmental Consulting Inc. Findings will be incorporated into the technical environmental sections of the consolidated checklist.
7. Title Commitments. Preliminary title commitments have been issued by Cascade Basin Title Company (Diane Ashworth, Title Officer, 119 East Magnolia Street, Bellingham, WA 98225) for all privately held parcels affected by the Project. Title insurance endorsements will be obtained at or prior to closing of each easement transaction.
A.9. Do You Know Whether Applications Are Pending for Governmental Approvals of Other Proposals Directly Affecting the Property Covered by Your Proposal?
No other pending governmental applications are known to affect the subject parcels as of the date of this checklist. CSIA has conducted a review of publicly available records maintained by Whatcom County, including the Department of Planning & Development Services permit database, and is not aware of any pending land-use applications, subdivision applications, building permit applications, or other governmental approvals relating to the parcels identified in this checklist.
CSIA will file for additional permits and approvals as described in Section A.10 below. To the extent that additional applications are filed by third parties affecting any of the subject parcels subsequent to the date of this checklist, CSIA will promptly notify the lead agency.
A.10. List Any Government Approvals or Permits That Will Be Needed for Your Proposal
The following governmental approvals and permits are anticipated to be required for the Project:
Additional permits, such as floodplain development permits, may be required depending on final design details and local regulatory requirements. CSIA will coordinate with the lead agency and all permitting authorities to ensure that all required approvals are obtained prior to commencement of construction.
A.11. Give a Brief, Complete Description of Your Proposal
The Project involves the design, construction, and operation of four regional pump stations (designated PS-1, PS-2, PS-3, and PS-4) along the Lower Nooksack River corridor in Whatcom County, Washington. The four pump stations will be connected by approximately 6.2 miles of 24-inch and 36-inch high-density polyethylene ("HDPE") force-main pipeline to the existing Nooksack Regional Wastewater Treatment Plant outfall. The Project is designed to provide regional flood resilience and stormwater management capacity for the Lower Nooksack River basin, reducing the frequency and severity of flood events and improving stormwater conveyance in an area that has experienced repeated flooding in recent years.
Total Project Value: $48,000,000.
Funding Sources:
• Washington State Capital Appropriation: $31,200,000 (representing 65% of total project value), authorized by Senate Bill 5140, 2025 Legislative Session.
• CSIA Series 2025A Revenue Bonds: $16,800,000 (representing 35% of total project value), to be underwritten by Harborstone Capital Markets LLC (Jerome Elliston, Managing Director, Public Finance, 1201 Third Avenue, Suite 3300, Seattle, WA 98101).
Pump Station Locations and Property Information:
The four pump stations are located as follows:
PS-1 — River Road at Slater Road Intersection, Whatcom County
• Whatcom County Parcel No. 380219-401200
• Permanent easement area: 2.3 acres
• Property owner: Veldkamp Family Holdings LLC
• Current use: Agricultural (crop production)
• Location within FEMA Flood Zone AE (100-year floodplain)
PS-2 — River Road, 0.6 Mile North of Ten Mile Road, Whatcom County
• Whatcom County Parcel No. 380219-401201
• Permanent easement area: 1.8 acres
• Property owner: Veldkamp Family Holdings LLC
• Current use: Agricultural (crop production)
• Location within FEMA Flood Zone AE (100-year floodplain)
PS-3 — Hannegan Road at Nooksack River Crossing, Whatcom County
• Whatcom County Parcel No. 380220-108400
• Permanent easement area: 2.1 acres
• Property owner: Dunlap Creek Ranch Inc.
• Current use: Dairy farming
• Not within mapped FEMA floodplain zone
PS-4 — Existing CSIA Right-of-Way, E. Smith Road, Whatcom County
• Whatcom County Parcel No. 380221-005700
• Site area: 1.5 acres
• Property owner: Cascadia State Infrastructure Authority
• No easement acquisition required; site is within existing CSIA right-of-way
• Not within mapped FEMA floodplain zone
Pipeline Corridor:
The force-main pipeline corridor crosses Parcel No. 380219-401203 (owned by Veldkamp Family Holdings LLC) and Parcel No. 380220-108401 (owned by Dunlap Creek Ranch Inc.). Permanent pipeline corridor easements are being negotiated with both landowners.
Total Permanent Easement Area on Private Land: 6.2 acres (PS-1: 2.3 acres; PS-2: 1.8 acres; PS-3: 2.1 acres).
Total Temporary Construction Easement Area: 4.7 acres (3.1 acres on Veldkamp parcels; 1.6 acres on Dunlap Creek parcels). Temporary construction easements will be used for construction staging, equipment laydown, temporary access roads, and pipeline installation activities.
Design Features:
All pump stations are designed with finished floor elevations at 65.0 feet NAVD88, providing 2.5 feet of freeboard above the Base Flood Elevation ("BFE") of 62.5 feet NAVD88 for sites located within FEMA Flood Zone AE. This design standard exceeds the minimum requirements of the National Flood Insurance Program and Whatcom County floodplain management regulations.
Purpose:
The primary purpose of the Project is to provide regional flood resilience and stormwater management infrastructure for the Lower Nooksack River corridor. The pump stations and force-main pipeline system will convey stormwater and floodwaters from low-lying agricultural and residential areas during flood events, reducing flood damage, protecting public health and safety, and enhancing the long-term resilience of the Lower Nooksack basin.
B. ENVIRONMENTAL ELEMENTS — LAND USE AND SHORELINE SECTIONS
Note: This section addresses only the legal and land-use aspects of the environmental elements set forth in the SEPA Environmental Checklist (WAC 197-11-960). Technical environmental analyses for geology, water resources, air quality, noise, vegetation, wildlife, energy, and related topics are being prepared separately by Pinnacle Geotechnical & Environmental Consulting Inc. and will be incorporated into the final consolidated checklist.
B.1. Earth (Legal / Land Use Aspects)
Grading Permits. Grading permits will be required from Whatcom County for each of the four pump station sites. CSIA anticipates filing grading permit applications with the Whatcom County Department of Planning & Development Services on or about August 1, 2025, with an estimated permit issuance date of September 30, 2025. Grading activities at each pump station site will include excavation for pump station foundations, installation of below-grade piping and electrical conduits, site grading for access roads and equipment pads, and backfill and compaction operations.
Geotechnical Conditions. Geotechnical conditions at each pump station site are being evaluated by Pinnacle Geotechnical & Environmental Consulting Inc. under the direction of Dr. Raymond Ostrowski, PE, Principal-in-Charge. Preliminary information indicates that the soils underlying the Project parcels are predominantly alluvial agricultural soils characteristic of the Lower Nooksack River floodplain. These soils consist generally of silty loams and sandy loams with varying depths of organic topsoil. Specific geotechnical findings, including bearing capacity, groundwater elevation data, liquefaction potential, and foundation recommendations, will be incorporated into the technical sections of the consolidated checklist upon completion of the geotechnical investigation.
Erosion and Sediment Control. During construction, all ground-disturbing activities will be conducted in accordance with an approved Stormwater Pollution Prevention Plan ("SWPPP") and applicable best management practices ("BMPs") for erosion and sediment control. See Section E.5 of this checklist for additional detail regarding erosion and sediment control measures.
B.2. Water — Surface Water and Groundwater
Project Location Along the Lower Nooksack River Corridor. The Project is situated along the Lower Nooksack River corridor in Whatcom County, Washington. The Nooksack River is a significant surface water feature in the region, draining approximately 826 square miles of the western Cascades and discharging into Bellingham Bay. The Lower Nooksack River reach in the vicinity of the Project is characterized by broad alluvial floodplains, agricultural land uses, and periodic flooding events. Several of the Project parcels are located within or immediately adjacent to the regulatory shoreline jurisdiction of the Nooksack River.
Section 401 Water Quality Certification. Section 401 of the Clean Water Act (33 U.S.C. § 1341) requires that any applicant for a federal license or permit to conduct any activity that may result in a discharge into navigable waters must obtain a certification from the state that any such discharge will comply with applicable water quality standards. CSIA will submit an application for Section 401 Water Quality Certification to the Washington State Department of Ecology, Northwest Regional Office. The application is targeted for submission on or about June 15, 2025. The Department of Ecology permit coordinator for this application is Samuel Dralvecen, located at 913 Squalicum Way, Suite 200, Bellingham, WA 98225. Estimated issuance of the Section 401 certification is October 31, 2025.
NPDES Construction Stormwater General Permit. The Project will involve ground-disturbing activities exceeding one acre, triggering the requirement for coverage under the National Pollutant Discharge Elimination System ("NPDES") Construction Stormwater General Permit administered by the Washington State Department of Ecology. CSIA anticipates filing for NPDES permit coverage on or about September 1, 2025, with estimated permit issuance on October 15, 2025. A Stormwater Pollution Prevention Plan will be prepared and implemented prior to commencement of any ground-disturbing activities.
Section 404 Clean Water Act Permit. The Project will involve the discharge of fill material into waters of the United States, specifically the placement of fill in approximately 0.38 acres of Category III palustrine emergent wetlands within the PS-1 and PS-3 footprints. A Section 404 permit under the Clean Water Act (33 U.S.C. § 1344) is required from the U.S. Army Corps of Engineers ("USACE"), Seattle District. CSIA anticipates that the Project will qualify for coverage under Nationwide Permit 12 (Utility Line Activities) and Nationwide Permit 39 (Commercial and Institutional Developments) or, alternatively, under an individual Section 404 permit. The Section 404 permit application is targeted for submission on or about June 15, 2025, with estimated permit issuance on November 30, 2025. The Regulatory Branch Chief for the USACE Seattle District is Major Christine Tao.
Section 10 Rivers and Harbors Act Permit. Certain components of the Project, including the force-main pipeline crossing at the Nooksack River, may involve work within navigable waters of the United States, triggering the requirement for a permit under Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. § 403). CSIA will file for a Section 10 permit concurrently with its Section 404 permit application. The application is targeted for submission on or about June 15, 2025, with estimated permit issuance on November 30, 2025.
Hydraulic Project Approval (HPA). The Project will require a Hydraulic Project Approval from the Washington Department of Fish & Wildlife ("WDFW") pursuant to RCW 77.55 for any construction activities that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state. CSIA anticipates submitting its HPA application on or about June 15, 2025, with estimated permit issuance on October 15, 2025.
B.3. Plants and Animals / Wetlands / Critical Areas
Wetland Delineation. Pinnacle Geotechnical & Environmental Consulting Inc. (Dr. Raymond Ostrowski, PE, Principal-in-Charge) conducted a wetland delineation for all Project parcels in accordance with the U.S. Army Corps of Engineers Wetland Delineation Manual (1987) and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Western Mountains, Valleys, and Coast Region (Version 2.0, 2010). The delineation identified approximately 1.4 acres of Category III palustrine emergent wetlands within the PS-1 (Parcel 380219-401200) and PS-3 (Parcel 380220-108400) footprints. No wetlands were identified within the PS-2 or PS-4 footprints. A summary of the Wetland Delineation Report is attached as Exhibit C.
Anticipated Permanent Wetland Fill. Based on the current Project design, CSIA anticipates that approximately 0.38 acres of the delineated Category III palustrine emergent wetlands will be permanently filled as a result of pump station construction activities at PS-1 and PS-3. CSIA has designed the pump station footprints to minimize wetland impacts to the greatest extent practicable, and the 0.38-acre fill estimate represents the minimum area necessary to accommodate the pump station structures, access drives, and associated infrastructure.
Mitigation. Wetland mitigation will be accomplished through the purchase of mitigation credits from the Whatcom County In-Lieu Fee Program. The applicable mitigation ratio under Whatcom County critical areas regulations for impacts to Category III palustrine emergent wetlands is 1.5:1 (1.5 acres of mitigation for each 1.0 acre of impact). Accordingly, the required mitigation credit purchase is calculated as follows:
0.38 acres of permanent fill × 1.5 (mitigation ratio) = 0.57 acres of mitigation credits required
The current cost per acre for mitigation credits under the Whatcom County In-Lieu Fee Program is $87,500 per acre. The total estimated mitigation cost is therefore:
0.57 acres × $87,500 per acre = $49,875 total mitigation cost
Payment of the in-lieu fee will be made prior to or concurrent with the issuance of the applicable permits.
Critical Areas Review and Habitat Management Plan. Whatcom County critical areas regulations (Whatcom County Code Title 16) require review and approval of a Habitat Management Plan for projects that involve impacts to regulated critical areas, including wetlands. CSIA will submit a Critical Areas Review application and Habitat Management Plan to the Whatcom County Department of Planning & Development Services on or about June 1, 2025. Estimated permit issuance is September 15, 2025.
Shoreline Substantial Development Permit. The Project constitutes a "substantial development" within the shoreline jurisdiction of the Lower Nooksack River under the Shoreline Management Act (RCW 90.58), as the total project value of $48,000,000 exceeds all applicable thresholds for the substantial development permit exemption. CSIA will submit a Shoreline Substantial Development Permit application to Whatcom County on or about June 1, 2025, with estimated permit issuance on September 15, 2025. A detailed discussion of the Project's consistency with the Whatcom County Shoreline Master Program is provided in Section D.4 of this checklist.
B.4. Floodplain
FEMA Flood Zone Designations. PS-1 (Parcel 380219-401200, River Road at Slater Road intersection) and PS-2 (Parcel 380219-401201, River Road, 0.6 mile north of Ten Mile Road) are located within FEMA Flood Zone AE, as depicted on the applicable Flood Insurance Rate Map ("FIRM") panels published by the Federal Emergency Management Agency. Zone AE designates areas subject to inundation by the 1-percent-annual-chance flood event (commonly referred to as the "100-year floodplain"), where Base Flood Elevations ("BFEs") have been determined. An excerpt of the applicable FEMA FIRM panel is attached as Exhibit F.
The Base Flood Elevation for the PS-1 and PS-2 sites, as established on the FEMA FIRM, is 62.5 feet NAVD88.
Design Elevation. All pump stations in the Project, including PS-1 and PS-2, have been designed with finished floor elevations of 65.0 feet NAVD88, providing 2.5 feet of freeboard above the established BFE of 62.5 feet NAVD88. This freeboard exceeds the minimum freeboard requirements of both the National Flood Insurance Program and the Whatcom County floodplain management regulations, and is consistent with CSIA's engineering design standards for critical infrastructure located within regulatory floodplains.
Floodplain Development Permits. Floodplain development permits may be required from Whatcom County for construction activities within the mapped FEMA Zone AE at the PS-1 and PS-2 sites. CSIA will comply with all applicable Whatcom County floodplain management regulations, including regulations governing the placement of fill, structures, and other obstructions within the regulatory floodplain. CSIA will coordinate with the lead agency to confirm the applicability of floodplain development permit requirements and will file all necessary applications in a timely manner.
Compensatory Floodplain Storage. CSIA has committed to ensuring that the Project results in no net increase in floodplain encroachment at the PS-1 and PS-2 sites. Compensatory floodplain storage will be provided as required by Whatcom County floodplain regulations to offset any reduction in floodplain storage capacity resulting from the construction of pump station structures and associated improvements within the regulatory floodplain.
PS-3 and PS-4. PS-3 (Parcel 380220-108400, Hannegan Road at Nooksack River crossing) and PS-4 (Parcel 380221-005700, E. Smith Road) are not located within mapped FEMA floodplain zones. No floodplain development permits are anticipated to be required for these sites.
B.5. Cultural Resources / Historic Preservation
Phase I Cultural Resources Survey. A Phase I Cultural Resources Survey was completed on February 10, 2025, by Pinnacle Geotechnical & Environmental Consulting Inc. The survey was conducted in accordance with guidelines established by the Washington Department of Archaeology and Historic Preservation ("DAHP") and included a systematic pedestrian survey of all Project parcels, a review of previously recorded cultural resource sites within a one-mile radius of the Project area, and limited subsurface testing at areas of elevated archaeological sensitivity.
Archaeological Site 45WH-1287. The Phase I survey identified one pre-contact archaeological site, designated by DAHP as site 45WH-1287, located in the vicinity of the PS-3 site on Parcel 380220-108400 (Hannegan Road at the Nooksack River crossing). The site consists of a lithic scatter containing basalt flake debris and fire-cracked rock indicative of past human occupation or activity. The full extent of the site has not been determined. A summary of the Phase I Cultural Resources Survey is attached as Exhibit D.
Archaeological Monitoring Protocol. Due to the proximity of site 45WH-1287 to the PS-3 construction area, a professional archaeological monitoring protocol will be required during all ground-disturbing activities at and near the PS-3 site. The monitoring protocol will be developed in consultation with DAHP and will specify the qualifications of the archaeological monitor, the types of construction activities requiring monitoring, the procedures for evaluating any discoveries, and the notification protocols in the event that significant cultural materials are encountered.
Section 106 Consultation. Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108) requires federal agencies to take into account the effects of their undertakings on historic properties and to afford the Advisory Council on Historic Preservation a reasonable opportunity to comment. Because the Project will require federal permits from the U.S. Army Corps of Engineers (Section 404 and Section 10 permits), the Project constitutes a federal undertaking subject to Section 106 review. CSIA will coordinate with the USACE Seattle District to initiate the Section 106 consultation process with DAHP. Consultation is expected to be initiated on or about July 1, 2025, with estimated concurrence from DAHP by November 15, 2025.
Inadvertent discovery Plan. An Inadvertent discovery Plan ("IDP") will be prepared and will be in effect during all ground-disturbing construction activities at all Project sites. The IDP will establish procedures for the identification, evaluation, and treatment of any previously unknown cultural resources, human remains, or archaeological materials that may be encountered during construction. The IDP will incorporate the requirements of RCW 27.53 (Archaeological Sites and Resources), RCW 27.44 (Indian Graves and Records), and applicable federal regulations.
Historic Structures and Traditional Cultural Properties. No historic structures, buildings, objects, or traditional cultural properties have been identified on any of the Project parcels. The Phase I Cultural Resources Survey confirmed that no properties listed on or eligible for listing on the National Register of Historic Places or the Washington Heritage Register are present within the Project area, other than archaeological site 45WH-1287 as described above.
C. LAND OWNERSHIP AND PROPERTY RIGHTS
C.1. Current Land Ownership
The Project will be constructed on a combination of privately owned land (on which permanent and temporary easements will be acquired) and existing CSIA-owned right-of-way. The three categories of landowners affected by the Project are described below.
C.1.1. Veldkamp Family Holdings LLC
Full Legal Name: Veldkamp Family Holdings LLC
Entity Type: Washington limited liability company, organized and existing under the laws of the State of Washington
Registered Agent Address: 2240 Meridian Street, Bellingham, WA 98225
Employer Identification Number (EIN): 91-3487562
Managing Member: Hendrik "Hank" Veldkamp
Other Members: Anneke Veldkamp-Ross; Willem Veldkamp
Veldkamp Family Holdings LLC ("Veldkamp") owns approximately 187 acres of agricultural land along River Road in Whatcom County. The property has been in the Veldkamp family for multiple generations and is currently used for crop production, including row crops and forage crops. The property is zoned Agriculture (AG) under the Whatcom County Comprehensive Plan and Zoning Code.
Three parcels owned by Veldkamp are affected by the Project:
In addition, temporary construction easements totaling 3.1 acres will be required on the Veldkamp parcels for construction staging, access, laydown, and pipeline installation activities.
Veldkamp is represented by legal counsel in connection with the easement negotiations:
Bridger Hollis & Pratt LLP 300 Prospect Street, Suite 600 Bellingham, WA 98225 Attorneys: Nadia Sorensen, Partner; Tyler Fong, Associate
C.1.2. Dunlap Creek Ranch Inc.
Full Legal Name: Dunlap Creek Ranch Inc.
Entity Type: Washington corporation (S-corporation), organized and existing under the laws of the State of Washington
Registered Agent Address: 18500 Guide Meridian Road, Lynden, WA 98264
Employer Identification Number (EIN): 91-2198403
President & Sole Director: Garrett Dunlap
Secretary/Treasurer: Maureen Dunlap
Dunlap Creek Ranch Inc. ("Dunlap Creek") owns approximately 94 acres of dairy farmland along Hannegan Road in Whatcom County. The property is an active dairy operation and is zoned Agriculture (AG) under the Whatcom County Comprehensive Plan and Zoning Code.
Two parcels owned by Dunlap Creek are affected by the Project:
In addition, temporary construction easements totaling 1.6 acres will be required on the Dunlap Creek parcels for construction staging, access, and pipeline installation activities.
Dunlap Creek is currently self-represented in connection with the easement negotiations but has consulted informally with Bridger Hollis & Pratt LLP. CSIA has encouraged Dunlap Creek to retain independent legal counsel and has provided Dunlap Creek with a written advisement of the right to obtain independent counsel, consistent with CSIA's standard practice for property acquisitions.
C.1.3. Cascadia State Infrastructure Authority
Parcel No. 380221-005700 (PS-4 site, E. Smith Road, Whatcom County) is owned by the Cascadia State Infrastructure Authority. The site encompasses approximately 1.5 acres and is located within existing CSIA right-of-way. No easement acquisition or negotiation with third parties is required for the PS-4 site. CSIA holds fee simple title to this parcel, and no encumbrances, liens, or third-party interests affecting the intended use of the site have been identified in the title commitment issued by Cascade Basin Title Company.
C.2. Easement Acquisition Status
C.2.1. Permanent Easements
The following table summarizes the permanent easements required for the Project on privately owned land:
The permanent easements will convey to CSIA the right to construct, operate, maintain, repair, replace, and access the pump station facilities and associated infrastructure within the easement areas. The easements will be non-exclusive, and the grantor landowners will retain the right to use the surface of the easement areas for agricultural purposes to the extent such use does not interfere with CSIA's exercise of its easement rights. Each permanent easement will be recorded in the official records of Whatcom County.
In addition to the pump station easements described above, a separate permanent pipeline corridor easement is being negotiated with Dunlap Creek Ranch Inc. for the force-main pipeline crossing on Parcel 380220-108401. The pipeline corridor easement area and appraised value are to be determined following completion of final pipeline alignment design and associated survey work.
C.2.2. Temporary Construction Easements
The following table summarizes the temporary construction easements required for the Project:
The temporary construction easements will convey to CSIA the right to use the designated areas for construction staging, equipment and materials laydown, temporary access roads, pipeline installation, and related construction support activities. The term of each temporary construction easement will commence upon recording and will expire upon the earlier of: (a) the date of substantial completion of construction activities within the temporary easement area, or (b) twenty-four (24) months following the date of recording.
Upon expiration of the temporary construction easements, CSIA is obligated to restore the temporary easement areas to their pre-construction condition, including re-grading, topsoil replacement, and re-seeding, as specified in the easement agreements. The temporary construction easement agreements also include provisions for crop damage compensation (applicable to the Veldkamp parcels) and livestock and dairy operation protections (applicable to the Dunlap Creek parcels).
C.2.3. Combined Easement Compensation Budget
The total combined easement compensation budget for the Project is summarized as follows:
This total does not include the compensation to be determined for the permanent pipeline corridor easement on Parcel 380220-108401 (Dunlap Creek Ranch Inc.), which will be added to the budget upon completion of the pipeline alignment design and appraisal.
C.2.4. Appraisal. All easement valuations are based on appraisals prepared by:
Northwind Valuation Group LLC Jocelyn Trueblood, MAI 505 Lakeway Drive, Suite 220 Bellingham, WA 98229
The appraisal report was completed on March 14, 2025. All valuations were prepared in conformance with the Uniform Standards of Professional Appraisal Practice ("USPAP") promulgated by the Appraisal Standards Board of The Appraisal Foundation. In addition, CSIA directed the appraiser to apply the methodology set forth in the Uniform Appraisal Standards for Federal Land Acquisitions (commonly known as the "Yellow Book"), published by the Interagency Land Acquisition Conference of the U.S. Department of Justice. While CSIA is not a federal agency and Yellow Book compliance is not legally mandated for this Project, CSIA has adopted the Yellow Book methodology as a best practice to ensure transparency, consistency, and fairness in the valuation of property interests acquired for public infrastructure projects.
A summary of the appraisal findings is attached as Exhibit G.
C.2.5. Good-Faith Offer Letters
Statutory good-faith offer letters have been prepared and delivered to each affected private landowner in accordance with the requirements of the Uniform Condemnation Procedures Act, RCW Chapter 8.25. RCW 8.25.020 requires that, prior to commencing an action for condemnation, a condemning authority must make a good-faith offer to purchase the property interest sought and must provide the property owner with a written statement of the amount of the offer, together with a summary of the basis for the amount of compensation established in the appraisal.
The target date for delivery of the first offer letters was April 21, 2025. The offers are summarized as follows:
Veldkamp Family Holdings LLC:
• Permanent easement compensation (PS-1 and PS-2): $615,000 ($345,000 + $270,000)
• Temporary construction easement compensation: $62,000
• Total offer amount: $677,000
Dunlap Creek Ranch Inc.:
• Permanent easement compensation (PS-3): $315,000
• Temporary construction easement compensation: $32,000
• Pipeline corridor easement compensation: To be determined (separate offer to follow upon completion of pipeline alignment design and appraisal)
• Total offer amount (initial): $347,000, plus pipeline corridor easement compensation to be determined
Each offer letter includes a 30-day response period within which the landowner may accept, reject, or negotiate the offer. CSIA has committed to negotiating in good faith with each landowner and to making reasonable efforts to reach a voluntary agreement. CSIA has also advised each landowner of its right to obtain an independent appraisal and independent legal counsel at CSIA's expense, consistent with CSIA's standard acquisition policies.
CSIA possesses condemnation authority under Chapter 43.99N RCW, and if voluntary agreements cannot be reached, CSIA reserves the right to exercise its power of eminent domain. However, it is CSIA's strong preference and policy to acquire all necessary property interests through voluntary negotiation wherever possible.
C.2.6. Title Search and Insurance
Title Commitments. Preliminary title commitments have been obtained from Cascade Basin Title Company for all privately held parcels affected by the Project. The title officer handling this matter is:
Diane Ashworth, Title Officer Cascade Basin Title Company 119 East Magnolia Street Bellingham, WA 98225
The title commitments have been reviewed by Calderwood & Harkness LLP and by CSIA's General Counsel. No material title defects, undisclosed encumbrances, or adverse claims have been identified that would prevent the acquisition of the easements contemplated by the Project.
ALTA/NSPS Surveys. ALTA/NSPS land title surveys have been prepared by Ironclad Surveying & Land Services LLC (Karen Whitfield, PLS, 4850 Cordata Parkway, Suite 110, Bellingham, WA 98226) for all affected parcels. The surveys have been certified to CSIA, Calderwood & Harkness LLP, and Cascade Basin Title Company, and comply with the minimum standard detail requirements for ALTA/NSPS land title surveys as jointly established by the American Land Title Association and the National Society of Professional Surveyors.