Exhibit 222: Email Chain RE: Updated 401 Permit Matrix — Luster (Ecology) and Fitzpatrick on Stormwater, NPDES, and Water Quality Standards for Sea-Tac Third Runway

This 1999 email chain between Washington State Department of Ecology officials discusses the 401 Water Quality Certification process for a major Port of Seattle project affecting Des Moines and Miller Creek watersheds near Sea-Tac Airport. Key disputes include stormwater discharge compliance with water quality standards, required mitigation measures such as riparian buffers and stream flow augmentation, and the retrofitting of existing stormwater outfalls. Officials warn that the creeks are already hydrologically impaired, with flood and erosion conditions far exceeding pre-development levels, making it difficult to approve the project without a comprehensive and specific mitigation package.

Notes

Exhibit 222 (AR018847–AR018849): Email chain dated May 14, 1999 among Tom Luster, Kevin Fitzpatrick, Raymond Hellwig, Paula Ehlers, Erik Stockdale, and Wendy Bolender of Washington State Department of Ecology regarding the Updated 401 Permit Matrix for the Sea-Tac Airport third runway project. Key issues include: NPDES permit compliance schedule for retrofitting existing stormwater outfalls at industrial activity basins; dispute over whether 401 Certification can require instantaneous numeric water quality standards compliance for stormwater discharges versus an adaptive management/BMP approach; stormwater discharges shown by Lisa’s analysis to violate standards based on SeaTac data; NW Ponds as waters of the state; RDF (Regional Detention Facility) design and mitigation package; Level 2 detention for Miller Creek outfalls; WER and mixing zone approach; Des Moines Creek Basin Plan hydrological impairment findings; buffer widths on creek mitigation sites (100-foot average, 50-foot minimum); riparian improvements, streamflow augmentation, wetlands mitigation; SEPA public process; and clean fill/solid waste permit implications. Fitzpatrick warns denial of 401 certification may result if instantaneous numeric WQ standard compliance is required. ECY00004310–ECY00004312.

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