Attachment 7a Reso B for Regular Meeting held Feb 01, 2011 1:00PM at Pier 69

7a Reso B

ITEM NO: _7a_Reso_B________
DATE OF MEETING:_February 1, 2011
RESOLUTION NO. XXXX
A RESOLUTION of the Port Commission of the Port of Seattle (Port), King County,
Washington, revising and adopting the Port's policies and
procedures under the State Environmental Policy Act (SEPA) and
its implementing rules, Chapter 43.21C RCW and Chapter 197-11
WAC, and repealing all prior resolutions pertaining to the same
subject matter.

WHEREAS, the SEPA, Chapter 43.21C RCW, sets forth an environmental policy for
Washington state and requires that the environmental impacts of proposals be analyzed and,
where appropriate, mitigated; and
WHEREAS, SEPA applies to state agencies, counties, and municipal and public
corporations, including port districts; and
WHEREAS, the Port has previously adopted policies and procedures consistent with the
SEPA Rules, Chapter 197-11 WAC, adopted by the Washington Department of Ecology;
including Resolutions 3028, 3211, and 3539 which are superseded by this resolution; and
WHEREAS, the Port Commission from time to time finds it necessary to amend and
revise such policies and procedures due to changes in law and/or operations of the Port and in
order to improve the effectiveness of such policies and procedures; and
WHEREAS, under WAC 197-11-800(20), the adoption of SEPA procedures by local
governments are categorically exempt from SEPA review; and
WHEREAS, the Port has provided public notice regarding this resolution and an
opportunity for public comment on the resolution;

NOW, THEREFORE, BE IT RESOLVED by the Port Commission of the Port of Seattle
that:

The Port of Seattle Commission adopts Exhibit A to this resolution as its SEPA policies
and procedures, including its SEPA appeal procedures.

ADOPTED by the Port Commission of the Port of Seattle at a regular meeting thereof,
held this day of , 2010, and duly authenticated in open
session by the signatures of the Commissioners voting in favor thereof and the seal of the
Commission.

__________________________________________

Port Commission

EXHIBIT A
SEPA ENVIRONMENTAL POLICIES
Part One Authority/Purpose
Section 1 Authority and Purpose
Section 2 Application of SEPA
Section 3 Policy for Carrying out SEPA
Part Two General Requirements
Section 4 General Requirements/Adoption by Reference
Section 5 SEPA Process at the Port
Section 6 Timing of the SEPA Process
Section 7 Document Information
Part Three Categorical Exemptions and Threshold Determinations
Section 8 Adoption by Reference
Section 9 Categorical Exemptions
Section 10 Mitigated Determination of Non-Significance
Part Four Environmental Impact Statement
Section 11 Purpose/Adoption by Reference
Part Five Commenting
Section 12 Purpose/Adoption by Reference
Section 13 Port SEPA Comments to Other Agencies
Section 14 Costs for Environmental Documents
Section 15 Public Notice
Part Six Using Existing Environmental Documents
Section 16 Adoption by Reference
Section 17 Adoption Hearing and Addenda
Part Seven SEPA and Agency Decisions
Section 18 Adoption by Reference
Section 19 Port Decision Document
Section 20 Port SEPA Policies
Section 21 Appeals
Part Eight Definitions
Section 22 Adoption by Reference/Definitions
Part Nine Categorical Exemptions
Section 23 Adoption by Reference
Part Ten Agency Compliance
Section 24 Adoption by Reference
Section 25 Additional Agencies with Expertise
Section 26 Revision of SEPA Policies
Section 27 Severability
Part Eleven Forms
Section 28 Adoption by Reference
Part Twelve Repealer
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Section 29 Repealer

PART ONE
AUTHORITY AND PURPOSE
Section 1 Authority and Purpose
Section 1.1 Authority
This resolution is adopted as required by Chapter 197-11 Washington Administrative Code
(WAC) to implement the State Environmental Policy Act and the State Environmental Policy
Act Rules (Chapter 197-11 WAC). This resolution may be cited as the "SEPA Rules", and
"these rules" as used herein refers to this resolution. As required in RCW 43.21C.095, the SEPA
Rules shall be given substantial deference in the interpretation of SEPA.
Section 1.2 Purpose
The purpose of this resolution is to adopt the uniform requirements of Chapter 197-11 WAC for
compliance with SEPA, with some modifications and additions relevant to Port operations.
Many sections of Chapter 197-11 WAC are adopted verbatim or nearly so. Each provision
adopted by reference in this resolution is found in the statewide rules, Chapter 197-11 WAC, and
should therefore be used in conjunction with this resolution.
Section 1.3 Previous SEPA Rules
This resolution replaces previous SEPA Rules adopted by the Port, including resolutions 3028,
3211 and 3539.
Section 1.4 Relationship to SEPA and Rules
The provisions of this resolution, Chapter 197-11 WAC and the SEPA must be read together as a
whole in order to comply with the spirit and letter of the law. The Port adopts by reference the
purposes and policies of SEPA as set forth in RCW 43.21C.010 and 43.21C.020.
Section 2 Application of SEPA
2.1 Application to Port Activities
SEPA provides the framework for agencies like the Port to consider the environmental
consequences of a proposal before taking action. SEPA review is required for any proposal that
involves a governmental "action" as defined in the SEPA Rules (WAC 197-11-704), and is not
categorically exempt (WAC 197-11-800 through 890). Project actions involve an agency
decision on a specific project, such as a construction project. Nonproject actions involve
decisions on policies, plans, or programs such as the adoption of a comprehensive plan.

Section 2.2 Substantive SEPA Authority
SEPA grants agencies the ability to condition or deny a proposal due to likely significant adverse
impacts identified in a SEPA document. To use SEPA substantive authority, the Port must have
adopted SEPA policies. There are other federal, state and local environmental laws besides
SEPA, which apply to specific resources, such as land, air, water, historic areas, wildlife, and
health. These other laws may require studies or serve as the basis for mitigating or denying a
proposal.
Section 2.3 Timing of SEPA Review
SEPA supplements, or "overlays," the Port's regular planning and decision-making. Theexact
nature and timing of the SEPA process can vary for each type of governmental action and or
each individual proposal.
Section 3 Policy for Carrying out SEPA
Section 3.1 Adoption by Reference
The state rule containing policies and goals for implementing SEPA as intended by the
legislature, WAC 197-11-030, is adopted by reference.

PART TWO
GENERAL REQUIREMENTS
Section 4 General Requirements
Section 4.1 Adoption by Reference
This part covers the basic requirements that apply across-the-board to the SEPA process. The
state rules in WAC 197-11-040 through 100 are adopted by reference. These rules cover the
following areas:
1. Where to find the meaning of words and terminology used in this resolution and
the SEPA process (definitions, WAC 197-11-040 and Part 8);
2. Who is responsible for SEPA compliance (lead agency, WAC 197-11-050);
3. When the SEPA process occurs (timing, WAC 197-11-055);
4. What impacts are to be analyzed in the review process (content of environmental
review, WAC 197-11-060);
5. What can or cannot be done while the environmental review is occurring
(limitations on actions during the SEPA process, WAC 197-11-070);

6. What to do in the face of uncertainty or lack of information (incomplete or
unavailable information, WAC 197-11-080);
7. What is considered part of the SEPA record (supporting documents,
WAC 197-11-090); and
8. What information applicants can be required to provide (information required of
applicants, WAC 197-11-100).
Section 5 SEPA Process at the Port
Section 5.1 Lead Agency
The agency in charge of carrying out SEPA's procedural requirements for a proposal is the lead
agency. A lead agency is selected for each particular proposal. The Port will typically be the lead
agency for its proposals and public projects, including projects proposed by private parties or
tenant; on Port properties.
Section 5.2 Responsible Official
The person or office at the lead agency in charge of SEPA compliance is called the responsible
official. The Port's responsible officials are:
1. Seaport Division: Stephanie Jones Stebbins, Director, Seaport Planning &
Environmental Programs, Port of Seattle,
P.O. Box 1209, Seattle, WA 98111.
2. Aviation Division: Elizabeth Leavitt, Director, Aviation
Planning and Environmental Programs, Port of Seattle,
P.O. Box 68727, Seattle, WA 98168.
3. Real Estate Division: The Seaport and Aviation Division Responsible
Officials shall be responsible for SEPA compliance for the Real Estate
Division.
The Chief Executive Officer is authorized to designate responsible officials for the Seaport,
Aviation Divisions and any other division of the Port.
Section 5.3 Delegation
The responsible official may delegate his or her responsibilities under SEPA in writing to
another Port official.
Section 5.4 SEPA Public Information
The office that routinely handles SEPA matters at the Port is:
Environmental Services
P.O. Box 1209
Seattle, WA 98111
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(206) 787 -3190
sepa.p@portseattle.org
Section 5.5 Retention of Documents and Copying Charges
SEPA documents required by these rules shall be retained by the lead agency and made available
in accordance with Chapter 42.56 RCW. The Port shall make copies of any environmental
document available in accordance with Chapter 42.56 RCW, charging only those costsallowed
by Section 44-14-07001 of the Washington Administrative Code. However, no charge shall be
levied for circulation of documents to other agencies as required by these rules.
Section 5.6 Other Agencies
When acting as the lead agency on a project, the Port may consult with other agencies as
required by Chapter 197-11 WAC and Chapter 43.21C RCW. An agency that has authority to
approve, veto, or finance all or part of a nonexempt proposal is referred to under SEPA as an
"agency withjurisdiction." An agency with a special expertise on the environmental impacts
involved in a proposal is called an "agency with environmental expertise". "Consulted agency"
means any agency with jurisdiction or expertise that is requested by the lead agency to provide
information during the SEPA process. The Port's Environmental Programs shall be responsible
for coordinating and preparing environmental documents with these other agencies (also see
Section 13 below).
Section 5.7 Federal Coordination
When acting as the Lead Agency on a project with a federal nexus, the Port will work with
federal agencies to the fullest extent possible to reduce duplication between the National
Environmental Policy Act (NEPA) and state and local requirements. The responsible official
shall make an effort to coordinate environmental review requirements with applicable Federal
agencies, including combining documents and holding joint scoping, public meetings and
hearings, as directed and encouraged by this resolution and the Federal provision for eliminating
duplication (40 CFR 1506.2).
Section 6 Timing of the SEPA Process
Section 6.1 Timing of Review
Consistent with WAC 197-11-055(2)(b), the responsible official will decide the appropriate time
for reviewing the environmental impacts of Port proposals on a case-by-case basis.
Section 6.2 Compliance
SEPA compliance is required for all Port projects and activities that meet the definition of
"action" in WAC 197-11-704. Except for those actions that are categorically exempt under Part
Nine of these SEPA Rules and WAC 197-11-305, a "final threshold determination" or "final
environmental impact statement", if required, shall be completed prior to final Port approval of
actions subject to SEPA.

Section 6.3 Committee Review
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If the Port has a standing committee which reviews proposals and makes recommendations to the
Commission, the committee shall review any required final threshold determination or final
environmental impact statement prior to the committee's recommendation to the Commission on
whether to approve the proposal.
Section 6.4 Advisory Bodies
To the extent the Port establishes a standing advisory committee or citizens advisory committee
on specific proposals or sites, the responsible official shall inform that committee of the
availability of environmental checklists or Environmental Impact Statements (EISs) on any
proposals which that committee is known to be reviewing and shall provide copies upon request.
To the extent the Port establishes any advisory body similar to a planning commission (i.e., an
advisory body which is required by Commission resolution or other law to review and make
recommendations on a proposal prior to Commission action), the responsible official shall
provide that committee with any required final threshold determination or final environmental
impact statement prior to that committee's final recommendation to the Commission on whether
to approve the proposal.
Section 6.5 Applicant Early Review
If the Port's only action on a proposal is a decision on a permit, lease or license that requires
detailed project plans and specifications, the applicant may request in writing that the Port
conduct environmental review prior to the submission of detailed plans and specifications. The
Port shall initiate review of the proposal at the conceptual stage, if requested. The Port may
require additional environmental review on detailed plans and specifications at a later date.
Section 6.6 Preferred Alternatives
The Commission, its committees, or staff may identify a preferred alternative at any time in the
SEPA process - scoping, draft EIS, or final EIS. The identification of a preferred alternative shall
not be construed as an improper commitment to, or as a final decision on, a particular proposal or
course of action.
Section 6.7 Industrial Revenue Financing
In as much as the borrowing of funds, issuance of bonds, and related financing agreements and
approvals are categorically exempt under WAC 197-11-800(14)(d), the adoption of a bond
resolution by a public corporation providing for the issuance of revenue bonds under Chapter
33.84 RCW and subsequent Commission approval of such resolution may occur prior to
environmental review of a project. Environmental review
under SEPA, if required, must be completed prior to final project approval by the
Commission and/or other state or local agencies with jurisdiction.
Section 7 Document Information
Section 7.1 Supporting Documents
If the Port prepares or cites background or supporting analyses, studies, or technical reports, such
material shall be considered part of the Port's record of compliance with SEPA, as long as the
preparation and circulation of such material complies with the requirements in these rules for
incorporation by reference and the use of supporting documents.
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PART THREE
CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS
Section 8 Adoption by Reference
This part contains the rules for: (a) administering categorical exemptions for proposals that
would not have "probable significant adverse impacts"; (b) deciding whether a proposal has a
"probable significant, adverse environmental impact" requiring an environmental impact
statement (EIS) to be prepared (threshold determination); and (c) providing a way to review and
mitigate nonexempt proposals through the threshold determination process. The state SEPA rules
in WAC 197-11-300 through 390 are hereby adopted by reference. They include:
1. Not requiring review for proposals that are categorically exempt
(WAC 197-11-305 and Part 9);
2. The requirement to make a threshold determination for any "action"
that is not categorically exempt (WAC 137-11-310);
3. Use of an environmental checklist to assist in making threshold
determinations for project and non-project proposals (WAC 197-11-315);
4. The process and criteria for making a threshold determination
(WAC 197-11-330);
5. How to address a proposal that lacks sufficient information to make a
threshold determination (WAC 197-11-335);
6. Issuing a "determination of non-significance" (DNS) (WAC 197-11-340);
7. Including mitigation measures in a DNS (WAC 197-11-350);
8. Determining that an EIS is required and issuing a determination of
significance (DS)/scoping notice (WAC 197-11-360); and
9. The effect of a threshold determination (WAC 197-11-390).

Section 9 Categorical Exemptions
In deciding whether a proposed action is categorically exempt, the SEPA rules identify certain
circumstances when potentially exempt actions would not be exempt (WAC 197-11-305). In
determining whether a proposal is exempt, the Port shall make certain the proposal is properly
defined (WAC 197-11-060).

Section 9.1 City/County Thresholds
For minor new construction, the SEPA procedures of the city or county where the proposal is
located should be reviewed to determine the exempt levels that apply to the proposal (see WAC
191-11-800(1)). Local SEPA procedures should also be reviewed to determine if the proposal is
located in an area that has been designated as a "critical area" under WAC 197-11-908 as this
may impact whether the proposal is exempt.
Section 9.2 Proposals with Exempt and Nonexempt Parts
If a proposal includes exempt and nonexempt actions, the proposal is not exempt and requires
environmental review; however, the exempt aspects of the proposal may nonetheless proceed,
before or during the environmental review of the proposal, if the requirements of WAC 197-11-
070 are met (WAC 197-11-305(1)(b)). A common example would be the acquisition of a
property right option or approval of bond financing, which would not have an adverse
environmental impact or limit the choice of reasonable alternatives (it might even preserve or
increase the availability of alternatives).
Section 9.3 Categorically Exempt Projects
Categorically exempt projects shall be documented in a memorandum that includes an analysis
of how the project meets the requirements of WAC 197-11-070. The memorandum will be
archived in the Port's official SEPA record.
Section 10 Mitigated DNS
Mitigation measures may be included in, or added to, a proposal prior to making the threshold
determination so that environmental impacts are reduced or eliminated (WAC 197-11-350).
Changes or clarifications to a proposal do not require a new environmental checklist if the
clarifications or changes are stated in writing in documents that are attachments to, or
incorporate by reference, the documents previously submitted. (WAC 197-11-350(4)). A DNS
containing mitigation measures may simply he labeled a "DNS" (as in the form in WAC 197-11-
970), and is not required to be formally titled or referred to as a "Mitigated DNS."
Mitigation measures that are included in a decision must be documented (see Section 19 below).
Although public notice is not required by state law when the Port clarifies or changes features of
its own proposals in a mitigated DNS (WAC 197-11-350(5)), public and agency notice and a 14-
day waiting period are required for mitigated DNSs on proposals by applicants (WAC 197-11-
340(2)(a)(iv) and Section 15 below). If the Commission changes the proposal or mitigation
measures, the description of the proposal or mitigation measures stated in the decision document
(Section 19) shall supersede those in the mitigated DNS.

PART FOUR
ENVIRONMENTAL IMPACT STATEMENT (EIS)
Section 11 Purpose/Adoption by Reference
This part contains the rules for preparing environmental impact statements. The state rules in
WAC 197-1l-400 to 460 are hereby adopted by reference. They include:

1. The purpose of an EIS (WAC 197-11-400);
2. The requirements that apply to the preparation of EISs
(WAC 177-11-402);
3. Three types of EISs: draft, final, and supplemental
(WAC 197-1 1-405);
4. When EISs must be prepared (WAC 197-11-406);
5. How to decide the scope of an EIS (WAC 197-1 1-408);
6. Optional expanded scoping (WAC 197-11-410);
7. Who can prepare EISs (WAC 197-11-420);
8. Style and size of EISs, including page limits (WAC 197-11-425);
9. Format of EISs, including flexibility for different types of
proposals (WAC 197-11-430);
10. EIS cover letter and memo (WAC 197-11-435);
11. Required contents of a EIS (WAC 197-11-440);
12. The content of EISs on nonproject proposals, (WAC 197-11-442 );
13. Rules on the content of EISs on proposed projects when there has
already been a nonproject EIS (WAC 197-11-443);
14. The various elements of the environment, consisting of the
natural and built environment (WAC 197-11-444);
15. The relationship of EISs to other considerations such as economic,
social, or technical factors (WAC 197-11-448 );
16. The use of a quantified cost-benefit analyses in a EIS,
(WAC 197-11-450);
17. The procedures for issuing a draft EIS (WAC 197-11-455); and
18. The procedures for issuing a final EIS (WAC 197-11-460).
Section 11.1 Scoping
The responsible official shall decide the scoping method and deadline for a given proposal,
consistent with WAC 197-11-408. Special attention should be given to writing scoping notices
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in plain English and avoiding technical jargon. Scoping techniques can vary by proposal. Any
scoping beyond the minimum in WAC 197-11-408 (including formal or informal meetings and
the use of forms, notices, or documents other than the form in WAC 197-11-980) shall be
considered expanded scoping and is not required for adequate scoping under state law. If a
consultant is preparing an EIS, the consultant's contact should make provision for possible
changes in the scope of the EIS based upon the scoping process.
Section 11.2 Additional Scoping
The expanded scoping provisions in WAC 197-11-410 may be used without formally
designating the process as "expanded scoping." In keeping with the intent of the state rules, the
responsible official is encouraged to be innovative and shall have very broad discretion in
developing creative scoping methods. A scoping process may also be used before a threshold
determination (or at any other time in the SEPA process) to assist
in identifying impacts and alternatives, including mitigation measures. If so, the form of the
scoping notice shall be revised accordingly, so that agencies and members of the public
understand the purpose and process being used.
Section 11.3 EIS Preparer
An EIS may be prepared by Port staff, consultants on contract to the Port, or other private
entities under the direction of the responsible official. If an applicant's consultant is
preparing the EIS, the applicant shall consult with the responsible official prior to final selection
of consultants. The responsible official shall have the discretion to design the EIS process and
carry out the responsibilities set forth in WAC 197-11-420.
Section 11.4 Non-Environmental Information
The responsible official may include non-environmental information on any subject relevant to a
decision in an EIS. The information may be in the EIS or in other
documents and shall not be used in determining whether an EIS meets the requirements of SEPA
(WAC 147-11-440(8)).
Section 11.5 Mitigation Commitments
The Port is not required to commit to mitigation measures in an EIS itself. Mitigation measures
that are identified and expressly committed to by the final decision-maker at the Port (See
Section 19 below) shall be incorporated into design plans and, where applicable, construction
contracts.

PART FIVE
COMMENTING
Section 12 Purpose/Adoption by Reference
This part explains how to comment and respond on all environmental documents under SEPA,
including rules for public notice and hearings. The Port may receive comments on its own
proposals and may comment on other agencies' proposals or environmental documents. The state
rules in WAC 197-11-500 to 570 are hereby adopted by reference. They include:

1. The purpose of the commenting provisions and list of notice and time
requirements (WAC 197-11-500 and 502);
2. Making environmental documents available (WAC 197-11-504);
3. Filing environmental documents with the State SEPA register (WAC 197-
11-508);
4. Providing public notice (WAC 197-11-510);
5. Public hearings and meetings procedures (WAC 197-11-535);
6. The effect on agencies and the public of not commenting on
environmental documents (WAC 197-11-545);
7. Specific commenting requirements (WAC 197-11-550);
8. Response to comments in FEISs (WAC 197-11-560); and
9. Prohibiting consulted agencies from charging lead agencies for
assistance under SEPA (WAC 197-11-570).
Section 13 Port SEPA Comments to Other Agencies
The Port's Environmental Programs shall be responsible for coordinating and preparing Port
comments to other agencies on the environmental documents of other agencies. Environmental
Programs shall also be responsible for coordinating consultation requests under SEPA from other
agencies to the Port. The responsible official or designee shall sign written comments from the
Port and may establish deadlines for responses from offices within the Port in order to meet
commenting deadlines established by law or by other agencies in their requests.
Section 14 Costs for Port Environmental Documents
Normally, after the initial printing, the Port will charge for the copying of its environmental
documents. Copying charges will be consistent with the requirements of Chapter 42.56 RCW
and WAC 44-14-07001. The Port will not charge other agencies to which the Port is required
by law to send the documents. The Port may make documents available without charge. The Port
may, if requested, reduce or waive charges for a document provided to a public interest
organization. The responsible official may establish internal policies or procedures or make
determinations on an individual basis.
Section 15 Public Notice
In addition to the circulation requirements to other agencies and affected tribes, the Port will give
public notice in the following manner:
Section 15.1 Required Notices
For threshold determinations that require notice under Chapter 197-11 WAC, scoping notices,
EISs, and public hearings on a draft EIS the Port shall:
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1. Publish notice in a newspaper of general circulation in the county, city,
general area where the proposal is located (if there is more than one
newspaper, the responsible official may select one newspaper for
publication);
2. Furnish notice to anyone who has specifically requested in writing to be
notified about the particular proposal;
3. File the documents required by WAC 197-11-508 with the state
Department of Ecology for publication of notice in the SEPA
Register;
4. (For EIS and Public Hearings on a DEIS only) issue a press
release announcing the EIS or the Public Hearing;
5. (For EISs and Public Hearings on a DEIS only) create or maintain a
mailing list based on responses during the scoping process and send notice
to those on the list. This list may be combined with any list kept by the
Port pursuant to Section 15.1.2 above.
6. Publish notice on the Port's website: www.portseattle.org.
Section 15.2 Additional Optional Notice
For any environmental documents or public meetings, the Port may:
1. Publish notice in Port newsletters, if any;
2. Notify the news media orally or by press release, including
neighborhood newspapers or trade journals;
3. Post the property, for site specific proposals;
4. Request that a notice be posted on the main bulletin board, if
any, at the city or county council or planning department where
the proposal is located;
5. Create or maintain a mailing list for a particular proposal or type of
proposal, which may include the identification of citizen and public
interest organizations, and send notice to those on the mailing list; or
6. Use other reasonable methods appropriate to a particular proposal.
Section 15.3 Notices of Adoption and Addenda
Notices of adoption and addenda shall be circulated as required by WAC 197-11-625 and 630,
respectively. The date of issue is the date the document has been made publicly available and
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sent to the required recipients. A decision document (Section 19) shall be provided to anyone
requesting it.

PART SIX
USING EXISTING ENVIRONMENTAL DOCUMENTS
Section 16 Purpose/Adoption by Reference
This part contains rules for the Port's use of existing environmental documents for its SEPA
compliance. The "existing" documents might be prepared by the Port or by local, state, or federal
agencies under SEPA or NEPA (National Environmental Policy Act, 43 USC 4321 et seq.). The
state rules in WAC 197-11-600 through 640 are hereby adopted by reference. These rules
include:
1. When to use existing environmental documents (WAC 197-11-600);
2. Use of NEPA documents, including environmental assessments (WAC
197-11-610);
3. Procedures for Supplemental Environmental Impact Statements (SEISs)
(WAC 197-11-620);
4. Procedures for addenda (WAC 157-11-625);
5. Procedures for adoption (WAC 197-11-630);
6. Procedures for incorporation by reference (WAC 197-11-635); and
7. How to combine SEPA and other documents (WAC 197-11-640).
Section 17 Adoption Hearing and Addenda
Section 17.1 Federal Adoption Hearing
If the Port has issued a notice to adopt a federal environmental document as a substitute for
preparing a SEPA EIS, and a federal agency subsequently holds a hearing on the environmental
document, the federal hearing may be combined with and, if so, shall suffice for any public
hearing required under (WAC 197-11-610).
Section 17.2 Addenda
If subsequent environmental design detail or other environmental analysis is necessary or
desirable and a SEIS is not required (it does not meet the two criteria in WAC 197-11-
600(3)(b)), then an addendum may be used to conduct or document the analysis. An addendum
may be used to add to any kind of environmental document, and may be used at any time in the
SEPA process.

PART SEVEN
SEPA AND AGENCY DECISIONS
Section 18 Purpose/Adoption by Reference
This part contains rules and policies for SEPA's substantive authority, such as decisions to
mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing
SEPA determinations. The state rules in WAC 197-11-650 to 680 are hereby
adopted by reference. They include:
1. Purpose and implementation of decision-making under SEPA (WAC 197-
11-650 and 655);
2. Substantive authority and mitigation (WAC 197-11-660); and
3. Appeals (WAC 197-11-680)
Section 19 Port Decision Document
After its decision on any proposal not exempt under SEPA, the Port shall make available to the
public a document that states the decision. The document shall specify any mitigation or
monitoring that will occur. The document may be a resolution, letter, or other document used by
the Port to convey its decision. The document may incorporate by reference relevant portions of
environmental documents. (See WAC 197-11-660(l)(b)).
Section 19.1 Substantive SEPA policies
To the extent the Port conditions or denies proposals under SEPA, the document required by the
preceding section shall cite the agency SEPA policy (from Section 20 below or from other
policies, plans, rules, or resolutions formally designated by the Port) that is the basis for
conditioning or denying the proposal.
Section 20 Port SEPA Policies
The Port adopts by reference the state environmental policy as set forth in SEPA, RCW
43.21C.020. Specifically, in order to carry out the policy set forth in SEPA, it is the Port's
continuing responsibility to use all practicable means and measures, consistent with other
essential considerations of state policy, to improve and coordinate plans, functions, programs,
and resources to the end that the Port, the state, and its citizens may:
1. Fulfill the responsibilities of each generation as trustee of the environment
for succeeding generations;
2. Assure for all people of Washington safe, healthful, productive, and
aesthetically and culturally pleasing surroundings;
3. Attain the widest range of beneficial uses of the environment without
degradation, risk to health or safety, including from hazardous waste or
other toxic substances, or other undesirable or unintended consequences;

4. Preserve important historic, cultural, and natural aspects of our national
heritage;
5. Maintain, wherever possible, an environment which supports diversity
and variety of individual choice;
6. Achieve a balance between population and resource use which will permit
high standards of living and a wide sharing of life's amenities;
7. Enhance the quality of renewable resources and approach the maximum
attainable recycling of depletable resources;
8. Manage public waterways and adjacent lands, fisheries, and other natural
resources wisely; and
9. Mitigate probable adverse environmental impacts resulting from
proposals, particularly significant impacts, to the extent of the Port's
authority and guided by the policies stated above and in SEPA and the
Port's other statutory responsibilities.
Section 21 Appeals
Port SEPA decisions may be appealed as provided in this section.
Section 21.1 SEPA Decisions Subject to Appeal
The following SEPA decisions of a Port responsible official are appealable under this section
pursuant to RCW 43.21C.075(3)(a -b)(i iv) and WAC 197-11-680(3): (a) adequacy of a final
environmental impact statement (FEIS), and (b) issuance of a mitigated determination of
nonsignificance (MDNS). Other Port SEPA decisions and documents are not subject to
administrative appeal
Section 21.2 Timing of Appeals
1. Appeals may not be filed before the Port provides public notice of the
issuance of the FEIS or MDNS.
2. Appeals must be filed by 5 p.m. of the 14th calendar day following the
date the Port provides public notice of the issuance of the FEIS or
MDNS. When the last day of the appeal period is a Saturday, Sunday, or a
national, state, or Port holiday, the appeal period runs until 5 p.m. on the next
business day.
Section 21.3 Public Notice
When required pursuant to WAC 197-11-510, the Port shall provide public notice, in accordance
with this subsection. The Port shall provide public notice of the issuance of the FEIS or MDNS.
Failure to provide such notice does not waive the appeal deadline or otherwise affect the timing
within which the appeal must be filed, if the Port has substantially complied with such notice
requirements. The Port must:

1. Publish notice in a newspaper of general circulation in the county, city, or
general area where the proposal is located (if there is more than one
newspaper, the responsible official may select one newspaper for
publication);
2. Furnish notice to anyone or any group who has specifically requested in
writing to be notified about the particular proposal.
3. At its discretion, the Port may use any of the optional notice methods set
forth in Section 15.2 above.
Section 21.4 Notice of Action
At its discretion, the Port may publish notice of action taken pursuant to this Resolution and pursuant
to RCW 43.21C.080. The form of any such notice of action shall be substantially in the form
provided by WAC 197-11-990.
Section 21.5 Filing Appeals
Appeals must:
1. Be in writing;
2. Contain a statement that identifies the FEIS or MDNS being challenged and
the alleged errors in the FEIS or MDNS which make the document
legally inadequate;
3. State the specific reasons why Petitioner believes the FEIS or MDNS to be
legally inadequate;
4. State the harm suffered or anticipated to be suffered by Petitioner and
the relief requested by Petitioner;
5. Include the signature, address, and phone number of Petitioner and the
name and address of Petitioner's legal representative, if any;
6. Be accompanied by an appeal fee of $300;
7. List as respondents all necessary parties set forth herein. In any
administrative appeal brought under this section, the following are
necessary parties to any appeal under this section and must be served by
Petitioner within 7 days after the filing of an appeal with a copy of the appeal
document: the applicant of the underlying action that is the subject of
SEPA review and the Port's responsible official. Intervention during the
course of an administrative appeal under this section shall not be permitted;
and
8. Be mailed or delivered to the General Counsel, Port of Seattle, Pier
69, P.O. Box 1209, Seattle, WA 98111.
9. Failure to comply with the procedural requirements of this
section is grounds for dismissal of an appeal.
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Section 21.6 Hearing Notice
Notice of the appeal hearing must be mailed to parties of record at least 15 days before the scheduled
hearing date.
Section 21.7 Hearing Examiner
The Port Commission will appoint an individual familiar with SEPA and hearing procedures as
Hearing Examiner (Examiner) for the Port. The Examiner will hear and decide SEPA appeals in
accordance with these Rules.
Section 21.8 Appeal Procedures
1. Rules and procedures.
The Examiner shall follow the procedures set forth in this Section 21,
including Attachment A to this resolution, unless the Examiner and parties agree to
modify them in any particular case. Attachment A to this resolution contains the basic
procedural framework that shall govern any appeals brought under this section. Port
staff will prepare a more detailed set of rules and procedures, consistent with the
basic procedures set forth herein and in Attachment A.
2. Consolidation of appeals.
All procedural SEPA appeal challenges will be heard by the Examiner in one single
simultaneous appeal hearing.
3. Burden of proof.
The burden of proof is on the Petitioner to show that the Port responsible
official's decision does not comply with SEPA.
4. Standard of review.
The determination of the Port responsible official shall be accorded substantial
weight by the Examiner in accordance with RCW 43.21C.075(3)(d). An MDNS shall
be overturned only if found to be clearly erroneous. An EIS shall be overturned only
if found to not be adequate under the rule of reason.
5. Scope of review.
Review by the Examiner is limited to the validity of the challenged MDNS (i.e.,
whether an EIS is required) or the adequacy of the challenged EIS. The issues shall
also be limited to the specific reasons for legal inadequacy stated in the appeal.
6. Examiner's decision.
The Examiner shall enter a decision within 14 days of the close of record of the
Appeal Hearing. The Examiner shall enter written findings of fact and conclusions of
law, and an Order determining whether the challenged FEIS or MDNS is legally
adequate. The Examiner is not empowered to enter injunctive relief.
7. Notice of decision.
Copies of the Examiner's decision shall be mailed to parties of record and those
requesting notice.

Section 21.9 Exhaustion of Administrative Appeal Procedures
A party seeking judicial review of a Port SEPA decision subject to appeal under this Section 21
must, before seeking any judicial review, exhaust the appeal procedure of this Section 21.
Section 21.10 Judicial Review
1. Decisions of the Examiner under this Section 21 shall be final and conclusive
action unless within twenty-one (21) calendar days of the date the decision is
issued an appellant appeals the decision by application of writ of review to the
King County Superior Court.
2. Port SEPA decisions not subject to administrative appeal under Section 21 may be
appealed to the King County Superior Court by application for writ of review by
and appellant within twenty-one (21) of the date the decision is issued.
PART EIGHT
DEFINITIONS
Section 22 Definitions
This part contains uniform usage and definitions of terms under SEPA. The usage and definitions
in WAC 197-11-700 to 799 are hereby adopted by reference. Additional definitions are below.
Section 22.1 Commission
"Commission" means the Port Commission of the Port of Seattle, King County, Washington. The
Port Commission is responsible for final Port decision-making except to the extent that certain
decisions or types of decisions are lawfully delegated to Port staff.
Section 22.2 Days and Dates
Days are in calendar days. If a final date falls on a weekend or a state or national holiday, the
date shall be the next working day.
Section 22.3 Decision Document
"Decision Document" means the publicly available document stating the Port's decision (Section
19 and WAC 197-11-660(1)(b)).
Section 22.4 Port
"Port" means the Port of Seattle, King County, Washington. Unless specified, Port may refer to
the Port Commission or staff.
Section 22.5 Port Offices
"Port offices" means administrative subdivisions of the Port.
Section 22.6 Preferred Alternatives
"Preferred Alternative" means a preference for a particular alternative course of action, at the
time the preference is expressed. A preferred alternative is not an action or decision within the
meaning of WAC 197-11-070.
Section 22.7 Responsible Official
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The "responsible official" is the staff member responsible for SEPA procedural compliance by
the Port. The Port's responsible officials are identified in Section 5 of this resolution.
Section 22.8 Staff
"Staff", "staff member", or "Port staff" mean the employees of the Port and not the Port
Commissioners.

PART NINE
CATEGORICAL EXEMPTION
Section 23 Adoption by Reference
The categorical exemptions provisions in WAC 197-11-800, 880, and 890 are hereby adopted by
reference and shall be applied in conjunction with Section 9 above and WAC 197-11-305. They
include:
1. Categorical exemptions for all agencies (WAC 197-11-800);
2. Emergencies (WAC 197-11-890); and
3. Petitions to the Department of Ecology (WAC 137-11-890).

PART TEN
AGENCY COMPLIANCE
Section 24 Adoption by Reference
The provisions in WAC 197-11-914 through 955 are hereby adopted by reference. They include:
1. The list of agencies with environmental expertise (WAC 197-11-920);
2. The rules for determining lead agency (WAC 197-11-422 through
948);
3. SEPA and costs that may be charged (WAC 197-11-914); and
4. The effective date and application of the statewide rules and
this resolution to Port activities (WAC 197-11-916 and 955).
Section 25 Additional Agencies with Expertise
The following agencies, or their successors, in addition to those listed in WAC 197-11-920, shall
be considered agencies with environmental expertise by the Port:
1. Air Quality: Puget Sound Clean Air Agency (PCAA).
2. Water Resources and Water Quality: Puget Sound Partnership
and
3. Hazardous and Toxic Substances and Solid and Hazardous Waste:
Seattle-King County Department of Public Health.
4. Land Use and Management: Puget Sound Regional Council (PSRC).
5. Transportation: Municipal of Metropolitan Seattle (METRO).
Section 26 Revision of SEPA Policies or Procedures
The Port may amend its SEPA policies or procedures from time to time as may be necessary.
The responsible official may provide additional guidance and procedures to carry out this
resolution.
Section 27 Severability
If any provision of this resolution or its application to any person or circumstance is held invalid,
the remainder of this resolution or the application of the provision to other persons or
circumstances shall not be affected.

PART ELEVEN
FORMS
Section 28 Adoption by Reference
The forms in WAC 197-11-960 through 990 are hereby adopted by reference. The Port may
modify the forms to include additional wording and information to explain proposed actions or
the Port's SEPA policies and procedures.

PART TWELVE
REPEALER
Section 29 Repealer
Resolutions Nos. 2402 (adopted December 14, 1971), 2514 (adopted February 26, 1974), 2621
(adopted February 10, 1976), 2643 (adopted June 22, 1976), 2743 (adopted June 11, 1978), 2340
(adopted January 26, 1982), 2938, as amended, (adopted September 25, 1984), 2973 (adopted
August 27,1985), 3028 (adopted December 17, 1987), 3211 (adopted February 8, 1996), and
3539 (adopted May 24, 2005) previously adopted by the Port Commission and dealing with the
same subject are hereby repealed.

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