PORT OF SEATTLE 
MEMORANDUM 
COMMISSION AGENDA               Item No.      4h 
ACTION ITEM 
Date of Meeting    December 8, 2015 
DATE:    November 30, 2015 
TO:      Ted Fick, Chief Executive Officer 
FROM:   Stephanie Jones Stebbins, Director, Maritime Environmental and Planning 
Paul Meyer, Manager, Maritime Environmental Compliance and Permitting 
SUBJECT:  Notification to Commission for Continuation of Interagency Agreements for
Permitting Support between Port of Seattle (POS) and 
1)  The U.S. Army Corps of Engineers (USACE)
2)  National Oceanic and Atmospheric Administration (NOAA) through Port of Tacoma
(POT). 
ACTION REQUESTED: 
Request Commission authorization for the Chief Executive Officer to retain existing liaison
agreements for five additional years to expedite the evaluation of permits under the jurisdiction 
of the U.S. Army Corps of Engineers (USACE) and from National Oceanic and Atmospheric
Administration (NOAA), National Marine Fisheries Service. No new funding is requested.
Funding for the agency staff resources on specific projects will come from capital and expense 
projects approved by the Commission. Some programmatic planning funds will be provided
from the Maritime Environmental operating expense budget. 
SYNOPSIS: 
The Port of Seattle (POS) currently has a Memorandum of Agreement dated July 6, 2006 with
the USACE for the acceptance and expenditure of funds contributed by the POS to expedite the 
evaluation of permits under the jurisdiction of the USACE as allowed by Section 214 of the 
Federal Water Resources Development Act (WRDA 2000). The agreement can continue
without interruption unless federal authorization for the program sunsets or the Port
informs the USACE of a decision to not continue participation in the program. The 2014
Water Resources Reform and Development Act of 2014 amendment to WRDA 2000 made
the Section 214 part of the permanent federal code.
The POS also has an existing interlocal agreement with Port of Tacoma (POT) to share costs
for a NOAA, National Marine Fisheries Service staff biologist on assignment from NOAA to the
POT. The assigned individual will assist with fish and wildlife habitat evaluations required as
part of Endangered Species Act (ESA) consultation required for federal authorization of port
development, operation, and maintenance projects and actions. 
The Maritime Environmental Department has requested authorization for the continuation
of these agreements every five years since 2001. Staff last request for authorization to
continue these agreements occurred in December, 2010. Per Commission instructions, staff

Template revised May 30, 2013.

COMMISSION AGENDA 
Ted Fick, Chief Executive Officer 
November 30, 2015 
Page 2 of 4 
is notifying Commission of its intent to continue these agreements for another five (5) year
term until December 31, 2020, as the services provided enhance Port competiveness and
efficiency. No new funding is requested. Funds for assistance would come from the annual
operating budget or future individual project authorizations. Some funds for programmatic
funding will be provided from the Maritime Environmental operating expense budget. 
Permitting coordination work performed with the USACE will be on behalf of the POS either for
POS projects or for federal permitting work managed by POS as homeport on behalf of the
Northwest Seaport Alliance (NWSA). Costs for projects needing federal approvals that are
under NWSA management will come from capital and expense project design approved by the
joint Commission. 
AGREEMENTS SCOPE OF WORK: 
Personnel assigned to POS 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 NOAA, National Marine Fisheries Service staff biologist on assignment from NOAA to the
POT: 
Conducts ESA natural resource effect consultations pursuant to applicable federal laws; 
Reviews proposed port projects requiring federal authorization, funding or approval; 
Provides analysis of the effects of proposed Port activities on listed species occurring in
marine and estuarine environments; 
Writes biological opinions, evaluations, concurrence letters, and other technical analyses
as part of formal or informal project effect consultations; 
Assists in coordination of project mitigation issues with local, state, federal, and treaty
tribe representatives; 
Interprets regulatory and technical information, laws and guidelines; 
Recommends project-specific solutions relating to fish and wildlife habitat and species of
concern;
Assists with preparation of programmatic biological evaluations relating to particular
categories of port operations and maintenance actions.

COMMISSION AGENDA 
Ted Fick, Chief Executive Officer 
November 30, 2015 
Page 3 of 4 
Permit review of port-related projects are more efficient because of the regulatory and technical
expertise of the USACE program managers and NOAA biologists who serve 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 
alerts 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 the  need  to  make  timely  and  informed  decisions.  Our 
competitiveness is enhanced because we can set review priorities and access agency resources
to achieve timely permit decision-making. 
FINANCIAL IMPLICATIONS: 
Source of Funds 
No new funding is requested. Funding for liaison staff resources will come from capital project
design, permitting and construction cost budgets approved by the Commission for which
approvals from USACE are necessary. It is expected that some of liaison costs will be provided
from Maritime Environmental expense operating budget that is approved annually by the
Commission. Liaison costs for projects needing federal approvals that are under NWSA
management will be from capital and expense project design funds approved by the joint
Commission. 
Costs 
Costs for permit liaison support with USACE vary year by year depending on number and
complexity of permitting actions submitted to the agencies. Since the first agreement in 2001, the
Port paid $250,000 to the USACE between 2001 through 2010. Over the last five year period
(2011 through 2015) the Port has paid $107,500 or an average of approximately $21,000/year.
Costs will likely increase to approximately $35,000/year as several complex permits actions are
pending in the coming years.
Costs for permit liaison support with POT for designated individual from NOAA vary year by
year depending on number and complexity of permitting actions submitted to the agencies. Over
the last five year period (2011 through 2015) the Port has paid $100,747 or an average of
approximately $20,000/year. Costs will likely increase to approximately $30,000/year as several
complex permits actions are pending in the coming years.
ALTERNATIVES CONSIDERED 
Do not retain existing Liaison agreements: 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. 
Retain existing liaison agreements: The existing agreements have worked well and reduce time
to obtain permits.  Extending these agreements will continue these benefits. This is the
recommended alternative

COMMISSION AGENDA 
Ted Fick, Chief Executive Officer 
November 30, 2015 
Page 4 of 4 
ATTACHMENTS TO THIS BRIEFING: 
Attachment A is the agreement currently in effect between the POS and USACE that
will continue as is. 
Attachment B is the agreement currently in effect between the  POS and POT for
permit liaison support with POT for designated individual from NOAA. 
PREVIOUS COMMISSION ACTIONS OR BRIEFINGS: 
The  Port  of  Seattle  Commission  since  2001  has  authorized  the  CEO  to  enter  into 
agreements with 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 ESA. 
6/21/01 - The commission authorized the CEO to execute agreements to fund or
provide additional staff resources at the permit agencies (USACE, NOAA) with the costs 
to be shared with the POT 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 POT, NOAA, and the U. S. Fish and Wildlife Service (USFWS) to 
fund staff resources at permit agencies to handle ESA.  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 POS and the USACE to fund staff resources at that agency expedite permit
managed by agency. 
12/10/2010  The commission authorized the CEO to continue interagency agreements
with USACE to fund staff resources at that agency and enter an agreement with City of
Seattle Department of Planning and Development. 
12/10/2010  The commission authorized the CEO to enter into an interlocal agreement
with POT to share costs for a NOAA, National Marine Fisheries Service staff biologist
on assignment from NOAA to the POT to assist with fish and wildlife habitat evaluations
required as part of ESA consultation.