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Fifth Declaration of Paul S. Fendt, P.E. (AR 001896-001897), filed in PCHB case No. 01-160 before the Pollution Control Hearings Board for the State of Washington. Declarant is a Port Of Seattle consultant addressing the December 2001 Low Flow Plan, Walker Creek low flow period calculations, and meetings with Ecology’s Kelly Whiting on February 12 and February 19, 2002. Explains that Walker Creek low flow period revisions and Exhibit C to Pre-Filed Testimony were completed prior to the February 19 meeting with Whiting, then delivered in a Parametrix packet on March 6, 2002. States that 44 of 47 low flows in Walker Creek occurred between August 7 and November 9. Appellants are Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE); respondents are Department of Ecology and Port Of Seattle. Filed by Foster Pepper & Shefelman PLLC.

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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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