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Port of Vancouver USA WPPA Annual Environmental Conference September 24, 2015


EVOLVING PERMIT INTERPRETATIONS


CORPS APPLICATION • • • • •

Strengthen existing berth and deck Truss/walkway removal and replacement Dolphin removal Fender pile replacement Installation of pipeline

NWP 3 (Maintenance) and NWP 12 (Utility Lines)


CORPS PERMIT CHANGE • Differing interpretation of original permit’s stated use of dock • Corps has discretion • Corps initial decision was the project met the nationwide guidelines • Later in the process, the Corps required an individual permit • Corps Memo (May 2015) - “Because the currently proposed work would facilitate a use for the structure differing from those uses specified or contemplated for the original permit, the proposed work does not meet the terms and conditions of NWP 3”


1992/1993 CORPS DOCK PERMIT • Berths 13 & 14 original permits stated future use of cargo-handling • 1992 port application was clear on use, “long term, these docks will be incorporated into a new marine terminal for cargo-handling and international commerce” • Corps permit 1993 “…while cargo-handling and international commerce vessels will have long term use” • Current Corps permits refer to JARPA


RESULTS • Port provided original local and federal permits for construction of the docks showing intended use • Individual permit required • Portland vs. Seattle Corps approach


DISCUSSION TOPICS Permitting • Look far into the future in determining project description/use and ensuring consistency with the application and permit language • Be clear on potential uses Questions • What does this mean for future permitting? • What influence do controversial projects have on regulations and their interpretations? • How do we as ports get involved with tenant projects? • New world of permitting – interest, setting precedents, etc.


PORT OF POSSIBILITY Matt Harding Environmental Project Manager

mharding@portvanusa.com 360-693-3611

WPPA 2015 Env Seminar - Corps Dock, Harding  
WPPA 2015 Env Seminar - Corps Dock, Harding  
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