October 9, 2001August 2, 2026

EXH AR006651: Ecology’s Sur-Reply to ACC’s Motion for Stay — Amended 401 Certification, PCHB No. 01-133 / 01-160

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Department of Ecology sur-reply brief filed before the Pollution Control Hearings Board (PCHB No. 01-133, PCHB No. 01-160) opposing ACC’s motion for a stay of the Amended 401 Certification for the Third Runway embankment project at Sea-Tac Airport. Ecology argues the Amended 401 Certification does not lessen water quality protections under Condition E (acceptable fill criteria, Synthetic Precipitation Leaching Procedure/SPLP) or Condition D(1)(g) (hydrologic monitoring). Cites Natural Resources Mitigation Plan (NRMP), Second Declaration of Erik Stockdale, Port of Seattle fill material sampling protocols, and Clean Water Act 401 Certification reasonable assurance standard. AR 006651–006653.

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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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