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Exhibit 223: Email Thread — Ecology 401 Wetland Mitigation Strategy Near Airport Flight Path, with Cross Creek Article

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A May 1999 email exchange between Washington State Department of Ecology staff discusses wetland mitigation challenges near an airport flight path, referencing a similar case in Petaluma, California where seasonal wetlands were allowed to remain near a municipal airport under strict conditions. The staff propose a framework involving monitoring for hazardous bird activity, defined management options, and contingency plans for replacement wetland sites if the existing mitigation proves unsafe. The emails emphasize that while the goal is to find creative regulatory solutions to approve the project under Section 401, denial remains a possibility if adequate safeguards cannot be agreed upon.

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Exhibit 223 (AR 018858–018859) is a May 12, 1999 internal email thread between Tom Luster and Raymond Hellwig (cc: Erik Stockdale, Paula Ehlers) at Washington State Department of Ecology regarding 401 water quality certification strategy for a Port of Seattle (POS) project involving wetland mitigation in the flight path of an airport. Luster proposes a framework drawn from a Petaluma, California Cross Creek subdivision case (Press Democrat, May 12, 1999, by Tobias Young) involving FAA, developer Doyle Heaton, and City Manager Fred Stouder: in-basin mitigation, monitoring for hazardous bird use, action thresholds, contingency wetland sites, and vegetation/hydrology management options. Hellwig confirms the ‘no’ option under Section 401 remains alive if POS cannot meet environmental requirements, and references a draft agreement being prepared by Barbara H. for Ecology, POS, and FAA. Key terms: 401 certification, wetland mitigation, bird hazard, flight path, in-basin mitigation, contingency sites, ECY00004319, PCHB third runway EIS administrative record.

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