Notes

ACC’s reply brief filed November 28, 2001 in PCHB No. 01-160 (Airport Communities Coalition v. State of Washington Department of Ecology and Port Of Seattle) opposing Port Of Seattle’s response to ACC’s Motion to Supplement the Record on Motion for Stay. ACC argues that Kelly Whiting (King County engineer under interagency contract with Ecology) sent an October 25, 2001 email validating ACC’s identification of fundamental flaws in the Port’s low flow analysis and mitigation plan under Clean Water Act § 401 Certification. Ecology offered no opposition. The Port’s response included a third declaration from Paul Fendt and did not address Whiting’s admissions. ACC conditionally requests the Board accept a Declaration of Bill Rozeboom of Northwest Hydraulic Consultants if the Fendt Declaration is accepted. Attorneys: Peter J. Eglick, Kevin L. Stock, Michael P. Witek (Helsell Fetterman LLP) and Rachael Paschal Osborn.

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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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