January 11, 2002August 2, 2026

EXH AR005316: Declaration of Michael P. Witek in Support of ACC’s Motion to Compel Inspection of Port Property and to Extend Discovery Schedule

Notes

Declaration by Michael P. Witek filed in PCHB Case No. 01-160 (Airport Communities Coalition v. State of Washington Department of Ecology and Port Of Seattle) supporting ACC’s motion to compel inspection of Port Of Seattle property and to extend discovery schedule. Document relates to Section 401 Certification No. 1996-4-02325 and CZMA concurrency statement issued August 10, 2001, reissued September 21, 2001. Attaches Exhibits A-K including deposition transcripts of Ann Kenny (December 20, 2001) and Ray Hellwig (January 8, 2002), ACC’s November 26, 2001 Request for Entry, e-mail correspondence between ACC counsel and Port counsel dated December 12, 18, 27, 28, 2001 and January 4, 8, 9, 2002, Port’s December 24, 2001 Objection to Request for Entry, Natural Resources Mitigation Plan cover letter, Low Flow Analysis cover letter, and deposition schedule. Filed with Environmental Hearings Office, Pollution Control Hearings Board.

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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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