8h. Attachment

Water Permitting with the U.S. Amy Corps of Engineers

Item No. 8h  attach
Meeting Date: May 24, 2022

WHEREAS, the Seattle District issued an initial Public Notice dated May 15, 2006,
regarding its intent to accept and expend funds contributed by non-Federal public
entities; and

WHEREAS the Seattle District Engineer has determined that expenditure of funds
received from the Port will be in compliance with theAct, and a public notice dated
June, 29, 2006, regarding the District Engineer's decisionhas been issued; and
WHEREAS, the Port is a non-Federal public entity.



Pursuant to Section 214 of WRDA (Pub.L 106-541) ("Section 214"), as
amended, this Agreement is entered into by and between the Army and the Port
(collectively referred to as "the parties") for the purpose of establishing a mutual
framework governing 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.


A. The Port will provide to Seattle District at the beginning of each fiscal year
beginning October 1, 2006, an amount, to be agreed upon by the Port and the Seattle
District to expedite the evaluation of various Port permits under the jurisdiction of the
Seattle District. All funds transfers under this Agreement will be between the Seattle
District and the Port. It is understood that the use of funds accepted hereunder will not
impact impartial decisionmaking with respect to permits, either substantively or
procedurally. The Army Corps of Engineers' regulatory program is funded as a
congressionally appropriated line item in the annual Federal budget. Additional funds
received from non-Federal public entities will be used to expedite the evaluation of
permits.                                                              :
-B. The Seattle District will establish a separate account to track receipt and
expenditure of the funds associated with its review of the Port permits. Seattle District
regulatory employees will charge their time against the account when they do work to
expedite resolution of any Port permit request.

C. Funds contributed by the Port hereunder will mainly be expended on the
salaries and overhead of Corps Regulatory Project Managers performing expedited
processing activities for the Port. Such activities will include, but not be limited to, the
following: application intake review, drawings correction, jurisdictional determinations,

site visits, public notice preparation,'preparation of correspondence, conduct of the
public interest review, preparation of draft permit decision documents, and meetings
with the Port. Funds will also be expended for the administration and tracking of the
funds contributed under Section 214. Funds will notbe expended for review of Project
Managers' work by supervisors or other persons or elements of the Seattle District in the
decisionmaking chain of command. Enforcement or compliance activities will not be
paid for from the funds contributed by the Port hereunder, nor will such funds be used
for paying the costs ofpublichearings and distribution of public notices.

D. Funds may also be expended by other Corps elements (including but not
limited to Environmental Resource Section, Engineering Division, PSDDA, etc.) or to
hire contractors to perform select duties, such as site visits, technical writing, copying,
reviewing drafts of reference general biological assessments for use by the Portand
others, preparing regional general permits for use by the Port and others, Essential Fish
Habitat determinations, and other technical documents, including draft environmental
documents. All activities described in this paragraph and paragraph C. above will be
performed in accordance with a management plan to be agreed upon by the parties.

A.Ttis  understood and agreed that in order to ensure that the funds will not
impact impartial decision making with respect to Port permit applications, thefollowing
procedures, mandated from Headquarters, U.S. Army Corps of Engineers, will apply to
all cases using additional funds provided by thePort as a participating non-Federal
public entity:                                           2

1.  All final permit decisions for cases where these funds are used mustbe
reviewed at least by one level above the decisionmaker, unless the decisionmaker
is the District Engineer. For example, if the decisionmakeris the Chief,
the reviewer would be the Chief, Operations Division.
~ Regulatory Branch, then

2.  All final permit decisions for cases where these funds are used will be made
available on the Seattle District Regulatory web page.

3. The Seattle District will not eliminate any procedures or decisions that would
otherwise be required for the type of project and permit application under

4. The Seattle District shall complywith all applicable laws and regulations.

5. Funds will only be expended to expedite the final decision on the permit
application. Funds will not be expended for the review of the decisionmaker's
decision. If contracts are used to develop decision documents, such decision
documents must be drafts only and be reviewed and adopted by the Corps

regulatory program employees before the decision is made.


To provide for consistent and effective communication between the Seattle
District and the Port, each party shall appoint a Principal Representative to serve as its
central point of contact on matters relating to this Agreement. The Port principal
representative is:

Wayne A. Grotheer
Director, Seaport Finance and Asset Management
Port of Seattle
Post Office Box 1209
Seattle, Washington 98111
(206) 728-3190

The principal representative for the Seattle District is:

Michelle Walker, Chief, Regulatory Branch
U.S. Army Corps of Engineers, Seattle District
P.O. Box 3755
Seattle, Washington 98124-3755
(206) 764-6915

Any notice required by this Agreement shall be written and sent to the Principal
Representative by first-class mail of recognized overnight courier. Notices shall be
deemed delivered(i)on the third day after mailing when sentbyfirst-class mail and the
post mark affixed by the United States Postal Service shall be conclusive evidence of the
date of mailing; or (ii) on the second business day after deposit with a recognized
overnight courier.


This Agreement and all documents and actions pursuant to it shall be governed
by the applicable statutes, regulations, directives, and procedures of the United States
and Washington State.


The parties agree that, in the event of a dispute between the parties regarding
implementation of this Agreement (excludingany specific permit application/decision),
the Port and the Seattle District shall use their best efforts to resolve that dispute in an
informal fashion through consultation and communication, or other forms of non-
binding alternative dispute resolution mutually acceptable to the parties.

IA NE                                 


A. This Agreement may be modified or amended only by written, mutual
agreement of the parties. Either party may terminate this Agreement by providing
written notice to the Principal Representative of the other party at the listed address
above. Such termination shall be effective upon the sixtieth (60) calendar day following
such notice. In the event of termination, the Port shall continue to be responsible for all
costs incurred by the Seattle District under this Agreement prior to the effective date of
such termination.

B. This Agreement shall remain in force until Section 214 expires, the
Agreement is terminated pursuant to this Article, or until the funds have been expended
and not replenished following 60 days notice to thePort, whichever occurs first.

C. Within sixty (60) days of termination, or the expiration of the Agreement, the
Seattle District shall conduct an accountingtodetermine the actual costs of the work.
Within thirty (30) days of completion of this accounting,the Seattle District shall return
to the Port any funds advanced in excess of the actual costs. Funds may be provided to
the Port either by check or by electronic funds transfer.


This Agreement shall become effective when signed by both the Port of Seattle
and the Seattle District, U.S. Army Corps of Engineers.                    :

IN WITNESS WHEREOF, the parties hereto have executed this Agreement.


BY:          K.                             BY: U/G
a   7
Jdhn K. Leighow                                    othee
Adging District Engineer,                    Director, Seaport Finance and
Seattle District,                                 Asset Management
U.S. Army Corps of Engineers             Port of Seattle

DATE:  7/[04       |         DATE:   7 /5/06

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