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Email chain (AR017302) among Washington State Department of Ecology staff Chung K. Yee, Kevin Fitzpatrick, Craig Thompson, and AAG Joan Marchioro regarding acceptable fill criteria language for the Draft 401 Water Quality Certification for the Seattle-Tacoma International Airport Third Runway project. Key issues include: whether Ecology’s 401 WQ Certification fill criteria should ‘stand alone’ from US Fish and Wildlife Service Biological Opinion (ESA) requirements; use of MTCA (Model Toxics Control Act) for clean-fill criteria; groundwater protection as drinking water source; Pete Kmet (HQ/TCP) recommendation against using MTCA for clean-fill criteria establishment; contaminated fill prohibition; and terrestrial ecological evaluation requirements. Discusses Port Of Seattle as source of cleanup level numbers referenced in the Biological Opinion.

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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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