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A draft Declaration of Restrictive Covenants by the Port of Seattle establishing land use restrictions on the Tyee Valley Golf Course Mitigation Area in King County, Washington. The declaration is required by a Washington State Department of Ecology Order and a U.S. Army Corps of Engineers Section 404 Permit related to mitigation activities associated with construction of a third runway at Seattle-Tacoma International Airport. The document restricts development and construction activities within the mitigation area while allowing specific exceptions for authorized mitigation, wildlife management, monitoring, and stormwater infrastructure.

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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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