Notes

Declaration of Ray Hellwig, Regional Director at the Washington Department of Ecology Northwest Regional Office, filed in PCHB No. 01-160 (Airport Communities Coalition v. State of Washington Department of Ecology and Port Of Seattle). Hellwig attests to receiving a transcribed voicemail from Tom Luster on or about September 17, 2001, in which Luster disclosed he had been asked by the ACC to submit a declaration on the Section 401 water quality certification regulatory requirements as part of the ACC’s appeal package, and that Hellwig did not respond. Exhibit 1 is the transcribed voicemail, transcribed by Diana MacDonald on 3/8/02; Luster’s callback number given as 415-904-6093.

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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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