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The Washington Department of Ecology submits a sur-reply brief responding to new issues raised by the Airport Communities Coalition (ACC) in their motion for a stay of the Amended 401 Certification for the Sea-Tac Airport Third Runway project. Ecology argues that the ACC misrepresents the record regarding Condition E’s fill material criteria and the Synthetic Precipitation Leaching Procedure (SPLP), and that Condition D(1)(g)’s hydrologic monitoring requirements are supported by existing data and the Natural Resources Mitigation Plan. The Board is urged to deny the ACC’s request for a stay.

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As the source for federal transportation grants, the Puget Sound Regional Council was charged with developing a system to meet the growing need for commercial aviation. When the search for a second airport failed, they authorized the Port of Seattle to build the Third Runway, with a mandate to develop a noise abatement and mitigation program. In their effort to stop the Third Runway, the ACC argued over every detail of the Port's efforts--including property buyouts and sound insulation. The dispute was meant to be settled by a three member Expert Arbitration Panel. This is their final report. It finds 2-1, that the Port's program was insufficient in several respects. Despite that, funding for the Third Runway was approved by the PSRC, and the 'Port Package' program, proceeded largely unchanged. Expert Arbitration Panel's final decision finding that the Port of Seattle had not shown sufficient reduction in real on-the-ground noise impacts to satisfy noise reduction conditions required for approval of a third runway at Sea-Tac International Airport. The majority decision concluded the Port's noise abatement programs were insufficient despite being impressive in scope.

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