FEMA Model Flood Plain Ordinance for Puget Sound
PNWA members are concerned about drafts of a model flood plain ordinance FEMA is preparing for Puget Sound. A January 1, 2010 draft says that it is intended for cities and counties in Puget Sound. An earlier draft said that it was to be implemented throughout Washington.
As a result of a court decision, FEMA consulted with NOAA Fisheries on its Flood Plain Insurance Program for Puget Sound. The Biological Opinion is highly proscriptive and dramatically limits development in and adjacent to flood plains. It also requires very costly mitigation in those instances where development may be permitted. PNWA's port members are particularly concerned about how the proposed model ordinance will affect their ability to perform their public missions.
The model ordinance is being developed with very limited review. Thirteen cities and counties in Puget Sound have been reviewing FEMA drafts. Although PNWA has seen drafts from September 2009 and January 1, 2010, FEMA says that only those 13 entities will be permitted to comment prior to release of final documents.
PNWA is quite concerned about this process. Our public port members are likely to be highly affected by FEMA's requirements, but they are not permitted to review or comment on the FEMA action. We are also concerned about the potential that the Puget Sound model ordinance will be implemented throughout Washington and possibly other Northwest states without further public process.
PNWA urges FEMA to pause, make draft documents available, and accept and consider public comment from potentially affected parties. We appreciate the efforts of the Northwest Congressional delegation in making FEMA aware of our concerns.
Staff contact: Glenn Vanselow |
Corps, Resource Agencies recommit to permit streamlining
The regional executives for five federal agencies agreed to coordinate their navigation and regulatory missions to increase consistency and reduce processing times for permits. The final signature was added on Dec. 24, 2009.
The Corps, NOAA Fisheries, EPA, the Fish and Wildlife Service, and the U.S. Coast Guard agreed to meet regularly to review processes, identify priorities and develop guidance for staff in implementing regional dredging and regulatory programs.
This is significant. The agencies are recommitting to agreements crafted in 2002 and 2003 that led to significant improvements in the permitting process and dramatically decreased permit processing times. One of the actions that contributed to success was the agreement on a dispute resolution process. If the agencies could not agree on analysis or permit conditions, the issue was elevated to more senior staff, and ultimately to the regional administrators.
This effort to recommit was initiated by the Corps at PNWA's request. PNWA noticed that nearly all of the senior staff from all of the agencies had changed and their successors did not appear to be aware of or actively implementing the agreed upon processes.
PNWA appreciates the agencies' commitment to work with PNWA and our members in improving the permitting process.
Staff contact: Glenn Vanselow |
|
Sediment Evaluation Framework (SEF)
The Regional Sediment Evaluation Framework (SEF) is now final and in use throughout the Northwest in determining the analysis and handling necessary to permit dredging in channels and at navigation facilities.
In October, PNWA entered into an agreement with the Washington Public Ports Association to work cooperatively to address ongoing issues our mutual members are having. In January, PNWA and the Oregon Public Ports Association also agreed to work together. PNWA is working at the federal level, while WPPA and OPPA work at the state level. The SEF is a joint product of the Corps, the federal resource agencies and the Washington (Ecology and DNR) and Oregon (DEQ) resource agencies.
Although the document is final, PNWA and our members continue to work with the Corps and the resource agencies to improve the SEF and its implementation. One of PNWA's goals is to establish a dispute resolution process similar to the one the federal agencies are using to address disagreements between the federal and state agencies.
Staff contact: Glenn Vanselow
|
|
Columbia River salmon BiOp update
The Court is currently addressing whether it can consider the Adaptive Management Implementation Plan (AMIP) that was submitted to the Court along with the Obama Administration's review. Dr. Jane Lubchenco, NOAA Administrator, determined that the BiOp met the requirements of the law, would avoid jeopardy and would aid in the recovery of ESA-listed salmon.
The federal defendants submitted a brief offering three ways the Court could include the AMIP. The plaintiffs replied, arguing that they want the Court to remand the BiOp to the agencies for a new decision. The government's reply is due Friday, January 29.
The Obama Administration's review of the earlier decision was agreed to by the Court and the plaintiffs. The Administration completed its review and validated the BiOp. There is no reason to think that forcing another review by the same parties would result in a different decision.
Three treaty Tribes, three non treaty Tribes, three Northwest states, the Inland Ports and Navigation group, a subset of PNWA members intervening in the case on behalf of navigation interests, and Northwest River Partners all filed a joint brief supporting the government.
Staff contact: Glenn Vanselow |
