PSE Shoreline Permit Modification Decision: FAQ
While continuing to fully abide by Washington state law and regulations, including the State Environmental Policy Act (SEPA), the City of Tacoma remains committed to responsible development that protects the environment and supports economic growth. Here are some facts on the City’s decision regarding the Puget Sound Energy (PSE) application for modification of its shoreline permit.
UPDATED January 12, 2024
What does the shoreline permit modification decision allow PSE to do?
The permit modification decision allows PSE to add fueling equipment on the Blair Waterway Dock to load fuel barges. The option to add fueling equipment on the Hylebos Waterway was noted in PSE’s original permit application, which also specifically describes an in-water trestle and loading platform in the Blair Waterway to fuel vessels or load fuel barges. PSE’s original permit was issued in 2015 after meeting all environmental and zoning regulations, and affirmed in May 2018 following a permit appeal.
There have been questions about the legality of the permit modification decision in light of a 2016 decision made by the Shoreline Hearings Board regarding activities in the neighboring Hylebos Waterway. The Shoreline Hearings Board’s 2016 decision does not impact the Blair Waterway. While it restricted fueling and bunker barge loading in the Hylebos Waterway, it explicitly acknowledged an existing agreement with PSE and made no mention of the Blair Waterway. This means PSE’s modified permit for the Blair Waterway can legally proceed, so long as PSE adheres to all environmental and zoning regulations.
PSE’s original permit application is available in full here.
The permit modification decision is available here. Enter LU22-0197 in the search field. All attachments are under the Record Info tab.
Has the City looked at potential environmental impacts?
PSE’s original permit application – which noted the option to add fueling equipment on the Hylebos Waterway and also specifically describes “an in-water trestle and loading platform in the Blair Waterway to fuel vessels or load bunker barges” – was approved in May 2018 following a permit appeal, and after meeting all environmental and zoning regulations. The City conducted a thorough SEPA environmental review. Additionally, there was a supplemental review by the Puget Sound Clean Air Agency. The City’s SEPA decision was appealed up to Division II of the Washington State Court of Appeals, and affirmed.
Are modifications allowed on active shoreline permits?
Yes. The Washington Administrative Code and local regulations give any shoreline permit holder the ability to apply for a modification to an active shoreline permit as long as the request is made within the shoreline permit timeline of six years from final approval, including time a permit awaits decisions on appeals. To earn final approval, both the original permit and the application for a shoreline permit modification must meet environmental and zoning requirements.
Was the public informed that PSE might need to add fueling equipment on the Blair Waterway Dock?
The option to add fueling equipment on the Hylebos Waterway was included in PSE’s original permit application, which also specifically describes “an in-water trestle and loading platform in the Blair Waterway to fuel vessels or load bunker barges”. PSE’s original permit was issued in 2015, after a thorough public process, and after meeting all environmental and zoning requirements. It was affirmed in May 2018 following a permit appeal.
Why wasn’t the community given an opportunity to weigh in with public comment before the permit modification decision was issued?
Washington Administrative Code does not allow the City to factor in public comment on shoreline permit modification decisions. The City did notify nearly 7,000 individuals who had expressed an interest in this issue to make them aware of the permit modification decision as well as the opportunity to appeal, as required by state law.
When did PSE apply to modify its shoreline permit?
PSE’s application to modify its shoreline permit was initially made in October 2022. The City suspended permit processing from November 2022 through summer of 2023 in response to a request from the Puyallup Tribe. During that time period, the City met with the Puyallup Tribe at both the staff and the elected official level to discuss this issue.
What is the latest news from the City of Tacoma's perspective?
On January 12, 2024, Puget Sound Energy (PSE) requested closure of its shoreline permit revision, LU22-0197, and cancellation the associated building permit, BLDCA22-0395, for modifications to the TOTE fueling dock. The City of Tacoma has no pending development permits for the PSE LNG site at this time. Work that was authorized under the original shoreline permit must be completed by May 2024.
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