Joy Keniston-Longrie, Seattle Public Utilities, City of Seattle National Waterways Conference

An Innovative Partnership An Innovative Partnership For Regulatory Permitting For Regulatory Permitting

City of Seattle City of Seattle and and

US Army Corps of EngineersUS Army Corps of Engineers

An Innovative Partnership An Innovative Partnership For Regulatory Permitting For Regulatory Permitting

City of Seattle City of Seattle and and

US Army Corps of EngineersUS Army Corps of EngineersJoy Keniston-Longrie, Seattle Public Utilities, City of Seattle

National Waterways Conference Portland, Oregon: September 2006

Joy Keniston-Longrie, Seattle Public Utilities, City of Seattle National Waterways Conference

Portland, Oregon: September 2006

US Army Corps of EngineersSeattle DistrictCity of Seattle

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OutlineOutlineOutlineOutline

• Tool - Water Resource Development Act of 2000 Tool - Water Resource Development Act of 2000

(WRDA)(WRDA)

• Seattle, the 1st WRDA agreement nationwideSeattle, the 1st WRDA agreement nationwide

• Workload & Endangered Species Act (ESA)Workload & Endangered Species Act (ESA)

• Our Experience in Implementing WRDAOur Experience in Implementing WRDA

• Where Does the Partnership Go From Here?Where Does the Partnership Go From Here?

• Tool - Water Resource Development Act of 2000 Tool - Water Resource Development Act of 2000

(WRDA)(WRDA)

• Seattle, the 1st WRDA agreement nationwideSeattle, the 1st WRDA agreement nationwide

• Workload & Endangered Species Act (ESA)Workload & Endangered Species Act (ESA)

• Our Experience in Implementing WRDAOur Experience in Implementing WRDA

• Where Does the Partnership Go From Here?Where Does the Partnership Go From Here?

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How WRDA WorksHow WRDA WorksHow WRDA WorksHow WRDA Works

• Corps and non-Federal public entity enter into an agreement

• Corps and non-Federal public entity enter into an agreement

• Local agency deposits money in an accountLocal agency deposits money in an account with the Corpswith the Corps• Local agency deposits money in an accountLocal agency deposits money in an account with the Corpswith the Corps

• Corps uses money to charge their staff time• Corps uses money to charge their staff time

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Seattle, WashingtonSeattle, WashingtonSeattle, WashingtonSeattle, Washington

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City ServicesCity ServicesCity ServicesCity Services

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Seattle

Map of State with Seattle’sMap of State with Seattle’sProject Areas/PropertyProject Areas/Property

Map of State with Seattle’sMap of State with Seattle’sProject Areas/PropertyProject Areas/Property

Seattle

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Section 10 of the Rivers and

Harbors Act

Section 404 of the Clean Water Act

Endangered Species

Act

National Historic Preservation Act

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Number of U.S. Listed Species Number of U.S. Listed Species per Calendar Year 1980-2002per Calendar Year 1980-2002

Number of U.S. Listed Species Number of U.S. Listed Species per Calendar Year 1980-2002per Calendar Year 1980-2002

Number of U.S. Listed Species per Calendar Year 1980-2002

0

200

400

600

800

1,000

1,200

1,400

1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002

Calendar Year

CY Total

Source: U.S. Fish and Wildlife Service

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1999 ESA Listings and Area 1999 ESA Listings and Area AffectedAffected


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Seattle District Workload FiguresSeattle District Workload Figures

Cumulative Total of all Project Managers’ Cumulative Total of all Project Managers’ Pending ActionsPending Actions

(IPs, LOPs, NWPs, JDs, Regionals, Mods, Exemptions, No Permit Requireds, (IPs, LOPs, NWPs, JDs, Regionals, Mods, Exemptions, No Permit Requireds,

After-the-Facts, Suspensions, Violations)After-the-Facts, Suspensions, Violations)

Seattle District Workload FiguresSeattle District Workload Figures

Cumulative Total of all Project Managers’ Cumulative Total of all Project Managers’ Pending ActionsPending Actions

(IPs, LOPs, NWPs, JDs, Regionals, Mods, Exemptions, No Permit Requireds, (IPs, LOPs, NWPs, JDs, Regionals, Mods, Exemptions, No Permit Requireds,

After-the-Facts, Suspensions, Violations)After-the-Facts, Suspensions, Violations)

0

200

400

600

800

1000

1200

1400

1600

1800

J-98

S-98

D-98

M-9

9J-

99

S-99

D-99

M-0

0

J-00

S-00

D-00

M-0

1

J-01

S-01

D-01

M-0

2

J-02

S-02

D-02

M-0

3

J-03

S-03

D-03

M-0

4J-

04

S-04

D-04

1481

741

WRDA 2000WRDA 2000A New Tool to Accelerate A New Tool to Accelerate

USACE Permit ReviewUSACE Permit Review

WRDA 2000WRDA 2000A New Tool to Accelerate A New Tool to Accelerate

USACE Permit ReviewUSACE Permit ReviewWRDA 2000 Allowed Corps to Accept Funds to Expedite Prioritize Projects

Prioritization Identified by Public Agency Funding WRDA Agreement

WRDA 2000 Allowed Corps to Accept Funds to Expedite Prioritize Projects

Prioritization Identified by Public Agency Funding WRDA Agreement

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City of Seattle/US Army Corps of City of Seattle/US Army Corps of Engineers (USACE)Engineers (USACE)

Permit Process Time Permit Process Time Approved permits through 2004Approved permits through 2004

City of Seattle/US Army Corps of City of Seattle/US Army Corps of Engineers (USACE)Engineers (USACE)

Permit Process Time Permit Process Time Approved permits through 2004Approved permits through 2004

4483

809

289220

132208

0

100

200

300

400

500

600

700

800

900

1998 1999 2000 2001 2002 2003 2004

year (application submitted)

days

All Permits

WRDA Implementation

USFWS/NMFS Agreement Signed

ESA Listing

WRDA Expires

WRDA Extended

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Our Experience with WRDAOur Experience with WRDAOur Experience with WRDAOur Experience with WRDA

Reduced project review: Project review went from an average high of 809 days

to 132 days per project.

Reduced project review: Project review went from an average high of 809 days

to 132 days per project. Improved predictability:

Reduced redesign, better able to maintain scope/schedule/budget.

Improved predictability: Reduced redesign, better able to maintain

scope/schedule/budget.

Savings on Projects (2001-2004):Savings on Projects (2001-2004): 103 projects valued @ $278 Million103 projects valued @ $278 MillionWRDA total cost of $114,000 WRDA total cost of $114,000 Estimated $5 Million in avoided costsEstimated $5 Million in avoided costs

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Our Experience with WRDA Our Experience with WRDA (cont’d)(cont’d)

Our Experience with WRDA Our Experience with WRDA (cont’d)(cont’d)

Improved environmental outcomes: Coordination leads to avoidance and minimization

Improved environmental outcomes: Coordination leads to avoidance and minimization

Improved communications: One point of contact means….

Improved communications: One point of contact means….

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Benefits/Considerations in Benefits/Considerations in Implementing WRDAImplementing WRDA

Benefits/Considerations in Benefits/Considerations in Implementing WRDAImplementing WRDA

• Savings on project design/implementation Hourly review fee by Corps employee

• Reduced permitting time/queue time Extra time set up for meetings to establish team dynamics and understanding

• Queue time for all applicants reducedDealing with public perception

• Priority projects reviewed firstNon-prioritized projects have been put on

wayside

• Savings on project design/implementation Hourly review fee by Corps employee

• Reduced permitting time/queue time Extra time set up for meetings to establish team dynamics and understanding

• Queue time for all applicants reducedDealing with public perception

• Priority projects reviewed firstNon-prioritized projects have been put on

wayside

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• Staff are better educated on Processes and RequirementsInitial internal perceptions needed to be corrected

• Improved communications/understanding Investment in training Staff and developing tools

• Improved business processes Costs of culture shifts and redesigning business processes

• Staff are better educated on Processes and RequirementsInitial internal perceptions needed to be corrected

• Improved communications/understanding Investment in training Staff and developing tools

• Improved business processes Costs of culture shifts and redesigning business processes

Benefits/Considerations in Implementing Benefits/Considerations in Implementing WRDA (cont’d)WRDA (cont’d)

Benefits/Considerations in Implementing Benefits/Considerations in Implementing WRDA (cont’d)WRDA (cont’d)

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Keys to Smooth ImplementationKeys to Smooth ImplementationKeys to Smooth ImplementationKeys to Smooth Implementation

• Designated Lead City Agency• Establish “Single Point of Contact” for

each agency • Develop written expectations during the

initial set-up phase• Meet on a Regular Basis (1/month)• Bi-Monthly Informal Pre-Application

Meetings• Periodic Site Visits

• Designated Lead City Agency• Establish “Single Point of Contact” for

each agency • Develop written expectations during the

initial set-up phase• Meet on a Regular Basis (1/month)• Bi-Monthly Informal Pre-Application

Meetings• Periodic Site Visits

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Alaska - 6Hawaii - 312

14 91115

10 18

WRDA Agreement Locations - 2005WRDA Agreement Locations - 2005U.S. Fish and Wildlife ServiceU.S. Fish and Wildlife ServiceListed Species Range by State/TerritoryListed Species Range by State/Territory

WRDA Agreement Locations - 2005WRDA Agreement Locations - 2005U.S. Fish and Wildlife ServiceU.S. Fish and Wildlife ServiceListed Species Range by State/TerritoryListed Species Range by State/Territory

Existing WRDA Agreements

Proposed WRDA Agreements

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The Future of WRDAThe Future of WRDA Status of WRDA Section 214 & Sunset ClauseStatus of WRDA Section 214 & Sunset Clause


• In the original WRDA 2000 legislation, Section 214 had a

sunset date of September 2003.

• On December 1, 2003, President Bush signed into law the Energy and Water Appropriations bill, H 2754 (Pub.L 108-137), of which Section 114 extended the sunset clause until September 2005.

• November 2005 via appropriations, extended until March 31, 2006. On March 24, 2006, President Bush signed a stand alone bill to extend WRDA 214 until December 2006.

• In the original WRDA 2000 legislation, Section 214 had a

sunset date of September 2003.

• On December 1, 2003, President Bush signed into law the Energy and Water Appropriations bill, H 2754 (Pub.L 108-137), of which Section 114 extended the sunset clause until September 2005.

• November 2005 via appropriations, extended until March 31, 2006. On March 24, 2006, President Bush signed a stand alone bill to extend WRDA 214 until December 2006.

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• The proposed Senate WRDA 2006 Bill eliminates the sunset clause, however, House version extends time through 2007 only…currently in conference.

• Minority House staff requested GAO Study through Committee Chair, Audit conducted in August 2006.

• GAO report due out in October 2006.

• Concern that WRDA finally made it out of Committee, but with GAO Audit Report pending final results, will not eliminate Sunset Clause

• The proposed Senate WRDA 2006 Bill eliminates the sunset clause, however, House version extends time through 2007 only…currently in conference.

• Minority House staff requested GAO Study through Committee Chair, Audit conducted in August 2006.

• GAO report due out in October 2006.

• Concern that WRDA finally made it out of Committee, but with GAO Audit Report pending final results, will not eliminate Sunset Clause

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Where Does the Corps Go From Here?Where Does the Corps Go From Here?Where Does the Corps Go From Here?Where Does the Corps Go From Here?

Lack of Certainty Regarding WRDA Section 214

Has Resulted In Limiting Ability for Corps to….

• Enter into new or extend existing WRDA

Agreements

• Have certainty regarding WRDA funding • Augment existing resources to implement WRDA

Section 214• Attract, hire and retain qualified staff for WRDA

Section 214

Lack of Certainty Regarding WRDA Section 214

Has Resulted In Limiting Ability for Corps to….

• Enter into new or extend existing WRDA

Agreements

• Have certainty regarding WRDA funding • Augment existing resources to implement WRDA

Section 214• Attract, hire and retain qualified staff for WRDA

Section 214

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Where Does the City of Where Does the City of Seattle Go From Here?Seattle Go From Here?Where Does the City of Where Does the City of Seattle Go From Here?Seattle Go From Here?

Similar MOA with USFWS & NMFS Similar MOA with USFWS & NMFS

Reference Biological Assessment-Geographic Based

Reference Biological Assessment-Geographic Based

Continue to Improve City of Seattle

Business Processes Practices- Quality Assurance/Quality Control- Permit Tracking System- Facilitated Federal Permit Web-Page - Education

Continue to Improve City of Seattle

Business Processes Practices- Quality Assurance/Quality Control- Permit Tracking System- Facilitated Federal Permit Web-Page - Education

Eliminate WRDA Sunset ClauseEliminate WRDA Sunset Clause

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Where Does the City of Seattle Go Where Does the City of Seattle Go From Here?From Here?

Where Does the City of Seattle Go Where Does the City of Seattle Go From Here?From Here?

Work with Corps to Improve Process:• Lean Sigma 6 Review for NWP’s

• Ensure we have NWP’s for 2007 Fish Friendly Construction Window

• Add Stable Resources for Cultural Resource & Tribal Relationship Needs

• Improved Electronic filing & Tracking

• More Frequent & More Customer Friendly WRDA Billing Process/Reports

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Where Does the Corps Go From Here?Where Does the Corps Go From Here?Where Does the Corps Go From Here?Where Does the Corps Go From Here?

Status of WRDA Agreements Across the Nation

• Corps Districts cannot solicit funds for agreements, it can only inform the public that this process is available.

• The non-Federal entity has to initiate request to the Corps.

• Several Corps Districts are initiating the public notice procedures to establish agreements with Non-Federal entities.

• Seattle District is continuing to communicate with its non-Federal partners to improve this process.

Status of WRDA Agreements Across the Nation

• Corps Districts cannot solicit funds for agreements, it can only inform the public that this process is available.

• The non-Federal entity has to initiate request to the Corps.

• Several Corps Districts are initiating the public notice procedures to establish agreements with Non-Federal entities.

• Seattle District is continuing to communicate with its non-Federal partners to improve this process.

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Seattle’s Environmental Seattle’s Environmental CommitmentCommitment

Seattle’s Environmental Seattle’s Environmental CommitmentCommitment

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SummarySummarySummarySummary

• WRDA as a tool • Discussed the Corps workload and ESA• Benefits/Costs of WRDA• Future steps

• WRDA as a tool • Discussed the Corps workload and ESA• Benefits/Costs of WRDA• Future steps

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Questions???Questions???Questions???Questions???Joy Keniston-LongrieCity of Seattle(206) [email protected]

www. seattle.gov/util/corpspermit

Joy Keniston-LongrieCity of Seattle(206) [email protected]

www. seattle.gov/util/corpspermit

Joy Keniston-Longrie, Seattle Public Utilities, City of Seattle National Waterways Conference

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