September 10, 1998August 2, 2026

EXH AR028387: Letter from Washington Attorney General (Ecology Division) to Foster Pepper & Shefelman Re: 401 Certification Clarification, Ecology Order No. 96-4-02325

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Letter dated September 10, 1998 from Christine O. Gregoire’s Attorney General of Washington Ecology Division (author not individually named) to J. Tayloe Washburn of Foster Pepper & Shefelman responding to an August 11, 1998 memorandum requesting clarification and minor revisions to Ecology’s 401 certification (Order No. 96-4-02325) for Sea-Tac Airport improvements including the third runway. Addresses two primary issues: (1) Clean Water Act §401 stormwater discharge requirements, Best Management Practices (BMPs), and water quality standards under WAC 173-201A-030(1) and WAC 173-201A-040; (2) whether the 401 certification can condition the entire Sea-Tac Airport operation, not just the third runway. References fecal coliform, TMDL, Section 303(d), Des Moines Creek Basin Plan, Miller Creek, wetland impacts, RDF peak flow controls, and buffer requirements. AR028387–AR028389.

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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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