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Declaration of Jeff Kray, Assistant Attorney General of Washington, Ecology Division, filed January 23, 2002 in PCHB No. 01-160 before the Pollution Control Hearings Board. Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) are appellants against State of Washington Department of Ecology and Port Of Seattle. Attaches two documents: (1) Amended Final Findings of Fact Conclusions of Law and Order in Public Utility District No. 1 of Pend Oreille County v. Department of Ecology, PCHB Nos. 97-177, 98-043, 98-044, heard January 25-27, 2000 in Lacey, Washington; and (2) Order denying Petitioner’s Motion for Discretionary Review, Washington Supreme Court No. 67449-3. AR 004654–AR 004656.

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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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