May 14, 1999August 2, 2026

Exhibit 2110: AR 033718 — Ecology Internal Email Chain on 401 Certification and Stormwater for Sea-Tac Third Runway

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Exhibit 2110, AR 033718. Internal Washington State Department of Ecology email chain dated May 14, 1999, among Kevin Fitzpatrick, Tom Luster, Raymond Hellwig, Paula Ehlers, Erik Stockdale, Wendy Bolender, Lisa Austin, John Glynn, and Bill Moore regarding the 401 Certification and NPDES permit matrix for the Sea-Tac Airport Third Runway project. Key issues include stormwater discharge compliance with Water Quality (WQ) standards, adaptive management BMPs, retrofitting existing stormwater outfalls for industrial activity basins, Level 2 detention on Miller Creek, NW Ponds as waters of the state, streamflow augmentation, RDF (Retention/Detention Facility) design, WER and mixing zone approaches, Des Moines Creek Basin Plan, beneficial uses, clean fill criteria, SEPA, and the Port of Seattle’s mitigation package for Des Moines Creek and Miller Creek watersheds.

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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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