Notes

Declaration by Jeff Kray, submitted to the Pollution Control Hearings Board in the case of Airport Communities Coalition v. State of Washington Department of Ecology and Port of Seattle (PCHB No. 01-160). The declaration attaches two documents: the Amended Final Findings of Fact Conclusions of Law and Order in Public Utility District No. 1 of Pend Oreille County v. Department of Ecology, and an order denying discretionary review by the Washington Supreme Court in the same case. The declaration was signed under penalty of perjury on January 23, 2002, in Olympia, Washington.

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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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