February 8, 2000August 2, 2026

Exhibit 82: Email Chain RE Fill Criteria for the Third Runway — Ecology/Port Of Seattle Financial Arrangement Discussion

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Email chain dated February 8, 2000 among Washington State Department of Ecology staff (Roger Nye, Raymond Hellwig, Steve Alexander) regarding fill criteria compliance for the Third Runway at Sea-Tac Airport. Roger Nye describes the 401/404 permit fill acceptance policy developed with Port Of Seattle governing contaminant criteria for borrow sources used in Third Runway construction during 1998 and 1999, and his inability to continue reviewing POS documentation due to lack of funding and time. Hellwig suggests reconsidering a financial arrangement with Port Of Seattle (POS) whereby POS pays for Ecology review support. Alexander proposes setting up a pre-paid project or developmental position reporting to the Regional Director. Issues include asphalt as construction debris fill acceptability, anti-airport group scrutiny, and MTCA/Clean Water Act 401/404 permitting context. AR 017770, Exhibit 82.

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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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