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Declaration by Roger Pearce, attorney at Foster Pepper & Shefelman PLLC representing Port Of Seattle, filed in Pollution Control Hearings Board case No. 01-160, Airport Communities Coalition v. Department of Ecology and Port Of Seattle. Attaches Exhibit A: Washington Department of Ecology §401 Water Quality Certification (Order No. 1996-4-02325 Amended-1) issued September 21, 2001, for construction of a Third Runway and related projects at Seattle-Tacoma International Airport (STIA) in Miller, Walker, and Des Moines Creek watersheds and wetlands in SeaTac, King County, and Auburn mitigation site. Certification confirms compliance with Clean Water Act Sections 301, 302, 303, 306, and 307, and Coastal Zone Management Act Section 307(c)(3). U.S. Army Corps of Engineers Public Notice 1996-4-02325, JARPA dated October 25, 2000.

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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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