PORT OF SEATTLE 
MEMORANDUM 
COMMISSION AGENDA                   Item No.         5e 
Date of Meeting     December 7, 2010 

DATE:      December 1, 2010 
TO:       Tay Yoshitani, Chief Executive Officer 
FROM:     Stephanie Jones Stebbins, Director Seaport Environmental Programs 
Paul Meyer, Environmental Program Supervisor, Seaport Environmental
Programs 
SUBJECT:   Interagency agreements between the Port of Seattle, the U.S. Department of
Army, and the City of Seattle. 
Amount of This Request:   No new funds requested 
Source of Funds: Annual operating budget or future individual project authorizations 
Estimated Workers Employed: 3 

ACTION REQUESTED:
Request Commission authorization for the Chief Executive Officer (CEO) to enter into the
following agreements:  1) Memorandum of Agreement with the Department of the Army that
establish the respective responsibilities of the parties for the acceptance and expenditure of funds
contributed by the Port to expedite the evaluation of permits under the jurisdiction of the Army
as allowed by Section 214 of the Federal Water Resources Development Act (WRDA 2000); 2) 
Memorandum of Agreement with the City of Seattle Department of Planning and Development
(DPD) that establishes the respective responsibilities of the parties for the acceptance and
expenditure of funds contributed by the Port to expedite the evaluation of land use actions under
the jurisdiction of the City.
No new funding is requested. Funding for  staff resources on specific projects at DPD and
USACE will come from capital projects approved by the Commission. Some programmatic
planning funds will be provided from the Seaport Environmental operating expense budget. 
The Seaport Environmental Department has requested authorization for the continuation of these
agreements every five years  since 2001 and is requesting  commission authorization  for
continuing these agreements until December 31, 2015, as the services provided enhance Port
competiveness and efficiency. Staff will brief the commission on these agreements every fiveyear
term.

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
December 1, 2010 
Page 2 of 4 
SYNOPSIS OF AGREEMENTS:
Seaport Environmental is requesting that the Commission authorize the CEO to enter into
interagency agreements between Port of Seattle and Department of Army, US Army Corps of
Engineers (USACE) and the City of Seattle, Department of Planning and Development (DPD)
for permit liaison support.  The agreements set out the respective responsibilities of the parties
for the acceptance and expenditure of funds contributed by the Port to support staff that will
expedite the evaluation of permits under the jurisdiction of the Army and the City of Seattle. 
Personnel assigned to Port projects for the USACE: 
Schedule and coordinate ESA consultations; Environmental Protection Agency (EPA)
sediment management review; and Washington State Department of Ecology (DOE)
water quality certifications; Sec 107 tribal consultation and historic properties pursuant to
applicable federal laws; 
Conduct reviews for proposed Port projects requiring federal authorization, funding or
approval; 
Mitigate biological  and water quality issues with state, federal, tribal and private
representatives; 
Interpret federal regulatory and technical information, laws and guidelines; 
Determine solutions and make recommendations to problems concerning water quality
and  biological resources, and participate in the preparation and development and
authorization of work or structures within waters of the United States. 
The DPD liaison is an experienced Senior Land Use Planner who reviews and/or coordinates 
land use review on Master Use Permits and construction permits for Port projects. The liaison: 
Monitors progress of permit review and work with management and staff to make permit
decisions in a manner consistent with the agreed upon schedule 
Coordinates production needs within DPD; 
Coordinates with the Port on development priorities; 
Coordinates permit issues including those that cut across DPD programs and City
department jurisdictions;
Comments on the Port permit application during pre-submittal phases of development
planning to identify issues; 
Provides guidance as to the applicability of shoreline exemption rules to a proposal; 
Assists in review and process of exemption requests. 
Permit review of port-related projects are more efficient because of the regulatory and technical
expertise of the USACE program managers and DPD land use planners serving as liaisons. Early
and meaningful collaboration on federal agency requirements, resource issues and land use
planning reduces adverse impacts, avoids costly and time consuming design changes, and defines 
appropriate mitigation requirements. The time required to obtain permits from the agencies is
reduced. In addition, the ports receive guidance for advance planning and are alerted to new
issues affecting federal agency review of port operations and permitting. The personnel assigned
to the liaison functions are all genuinely interested in environmental protection and understand

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
December 1, 2010 
Page 3 of 4 
the need to make timely and informed decisions. Our competitiveness is improved because we
can set review priorities and access agency resources to achieve timely permit decision-making. 
There is a need for in depth assistance at the federal and local agencies as:
The Corps are imposing increasingly conservative in establishing standards for protection
of water quality and habitat and aquatic biota and; 
The Corps and agencies they coordinate for review have expanded and increased their
scope of environmental review for even simple maintenance projects, and; 
Resource agencies continue to add new ESA listings (rockfish, July 2010, Orca, 2009)
which require new analyses and consultation steps to federal USACE approvals. 
City shoreline land use regulations impose strict zoning and development standards that
often require interpretation;
City land use, stormwater and building codes are constantly evolving, particularly the
shoreline code which is undergoing major revisions. 
Permit approvals often require inter-departmental consultation and approvals that are best
handled with experienced staff familiar with port needs, and; 
City approvals often are the focus for local citizens' opposition.
FINANCIAL IMPLICATIONS: 
Source of Funds 
No new funding is requested. Funding for staff resources on specific projects will  be from
capital and expense project design, permitting and construction cost budgets approved by the
Commission for which approvals from USACE or DPD are necessary. It is expected that some
funds will be provided from budgeted Seaport Environmental expense actions requiring federal 
or  local  agency  for  programmatic  consultation  on  clean  water  issues  and  interagency
coordination functions. 
Costs 
Costs for permit liaison support will vary year by year depending on number and complexity of
permitting actions submitted to the agencies. Since the first agreement in 2001, the Port has paid
$250,000 to the USACE.  Since the first agreement in 2006, the Port has paid to the City of
Seattle  $291,205.80.  The  most  recent  agreement  with  the  city  has  reduced  our  expected
expenditures to half of the original agreement.  Over the next five year term expected costs for
each agency should average $40,000 per year per agency.
ENVIRONMENTAL SUSTAINABILITY AND COMMUNITY BENEFITS: 
Projects designed to meet regulatory guidelines from state, city, and federal agencies fulfill
the responsibility of the port to provide satisfactory protection to the environment.
Permit processes often provide community input to design features and environmental impact
analysis.

COMMISSION AGENDA 
Tay Yoshitani, Chief Executive Officer 
December 1, 2010 
Page 4 of 4 
Assistance from individuals at the regulatory agencies provides timely, cost effective advice
and prioritized analysis reducing permitting and design costs and reduces schedule delays. 
ALTERNATIVES CONSIDERED AND THEIR IMPLICATIONS: 
Continue interagency agreements between Port of Seattle and Department of Army and the
City of Seattle to fund staff resources to expedite the evaluation of permits under the
jurisdiction of the Army and the City of Seattle. This is the recommended alternative.
Eliminate interagency agreements between Port of Seattle and Department of Army, and the
City of Seattle to fund staff resources to expedite the evaluation of permits under the
jurisdiction of the Army, and the City of Seattle. Permitting time will increase, knowledge of
pending changes in regulations will decrease and the likelihood of unanticipated new and
costly mitigation and monitoring will increase. This alternative is not recommended. 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS: 
The Port of Seattle Commission since 2001 has authorized the CEO to enter into agreements
with Port of Tacoma and federal agencies to fund or provide additional staff resources at federal
resource and regulatory agencies charged with the enforcement of federal law regarding but not
limited to the Clean Water Act and The Endangered Species Act (ESA). 
6/21/01 - The Port Commission authorized the CEO to execute agreements to fund
or provide additional staff resources at the permit agencies (USFWS, USACOE,
NOAA) with the costs to be shared with the Port of Tacoma up to $300,000. 
12/09/03 - The original authorization was increased to $600,000 and extended for
two years on 12/9/03 
2/22/05 -  The  commission  authorized  the  CEO  to  execute  agreements  and
amendments for the Port of Tacoma, NOAA, and USFWS to fund staff resources at
permit agencies to handle Endangered Species Act. The commission also increased
the total expenditure for agency support for an additional $375,000 for a total of
$975,000.
1/10/2006  The commission authorized the CEO to amend the original agreement
between the Port and the US Army Corps of Engineers to fund staff resources at that
agency to handle Endangered Species Act for 5 years. 
OTHER DOCUMENTS ASSOCIATED WITH THIS REQUEST: 
Attachment A is the substantially completed agreement proposed for the next biennium between
the Port and DPD.
Attachment B is the agreement currently in effect between the Port and USACE that will
continue as is unless Sec. 214 of the federal Water Resources Defense Act expires.