EXH0223018858

PCHBPollution Control Hearings Board of the State of Washington

• Luster,Tom;Stockdale,Erik _..l/_._._J_" | EXHIBITNO_ _'3 | Subject: RE: F'YI- airport-relatadarticle RCAA M. ThanksTom,veryinterestingandrelevanL Re_Jonad Cofllnislr,ionoftA_rlx_Affairs lOOkforwardto seeingthedraftagreementfor Ecology,the POS andthe FAAthatBarbaraH. wasgoingto puttogether. Youarenght,the detailswillbecritical. Note: Regardingthe lastsentencein yourintrocommentsbelowre "no"notbeingan acceptableoption. Yes, we are lookingforcreativeandregulatorilyappropriatewaysto get to "yes', butwestillmay notbe able to reachagreementwith the POSonwhatgoesintothose "ways".Therefore,the"no"optionis stillalive- alwayshasbeen. Our goal has beento bestraightforwardaboutourenvironmentalobjectivesandhowwe thinkthe law shouldapplyto the POS project. Essentially,we offeredto helpthe POS understandwhatitwouldtake tocome upwithoptionsfortheir projectthat would be defensiblewithinthe frameworkof the law. If the POS can'tfinda wayto dothat, forwhateverreason- economic, politicaletc.,theycouldbe lookingat a "no'. Thanksagainforthearticle. -.--_riginllMISIII_;;. From: Luster,Tom Sent: Wednesday,May12,199911:15AM To: I._ig, Raymond;S_:I_W. E_ Co: Ehlefli,Pllula Subject: FYI- eirpo_-mlated-rt,_ Hi Ray and Erik - Just found the following article about a wedand, an airport, and the FAA... The situation seems similar to ours -- how to do wetland mitigation in the flight path of an airport. It appears that the solution in this case was to allow the compensatory wetlands to be built using a design that will minimize the bird am'actions, and to require a contingency measure if the created wetlands prove to be ,h hazard. The article doesn't go into detail, but I assume there is some sort of monitoring for b/rd use and associated hazards. Hopefully, we'll find out Monday what the Port will propose, but we may be able to use an approach similar to that described in the article: * determine what in-basin mitigation is adequate; * agree on what kind of monitoringis needed to determine if there is "hazardous bird use", and…
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