August 16, 2001August 2, 2026

EXH AR017832: Ecology Internal Talking Points — 401 Certification Response to Port Of Seattle Concerns

Notes

Internal Ecology meeting notes and talking points dated 8/16/2001 regarding the 401 Water Quality Certification issued for the Third Runway project at Sea-Tac Airport. Ecology staff prepared responses to Port Of Seattle concerns about the certification’s open-ended conditions, covering topics including NPDES major modification, stormwater retrofitting, wetland mitigation, Water Effects Ratio (WER) Study, Walker Creek sub-basin low-flow alternatives, acceptable fill criteria, and NPDES 402 permit linkage. Document notes Ecology is in ‘pre-litigation’ or ‘litigation prep’ mode and should not release information under the PDA (Public Disclosure Act) until clarification from AAGs. Also lists seven substantive conditions imposed by Ecology on Third Runway 401 WQ Certification dated 8/14/2001, including additional wetland mitigation, buffers around Borrow site 3, water quality monitoring, stormwater retrofitting, WER Study, and acceptable fill criteria.

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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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