September 16, 1999August 2, 2026

Exhibit 2115: Internal Email — Ecology on Sea-Tac Water Quality Standards Compliance, Des Moines Creek 401 Certification

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Internal email from Tom Luster (Ecology) to Raymond Hellwig, Kevin Fitzpatrick, Erik Stockdale, and Paula Ehlers, dated September 16, 1999, regarding SeaTac Airport 401 certification and compliance with water quality standards under the Clean Water Act. Discusses non-attainment of water quality standards in Des Moines Creek and Miller Creek, antidegradation requirements, Level 2 detention requirements, flow augmentation, and the Port Of Seattle’s mitigation obligations. References Des Moines Creek Basin Plan, 40 CFR 131.3, Class AA water designation, and limiting factors of extremely high storm flows and extremely low summer flows. AR 033732, ECY00002464.

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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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