EXH 447: Draft Settlement Agreement — §401 Cert #1996-4-02325 Appeal, Sep 2001

This September 2001 draft settlement agreement between the Washington State Department of Ecology and the Port of Seattle addresses conditions attached to a Clean Water Act §401 Certification for the construction of a third runway at Seattle-Tacoma International Airport. The agreement clarifies and revises specific environmental conditions — including wetland mitigation, stormwater management, and groundwater monitoring requirements — that would remain in effect during and after construction. The Port agreed to file a formal appeal solely to implement the settlement, after which the parties would jointly request the Pollution Control Hearings Board approve the agreed-upon modifications and dismiss the appeal.

Notes

Exhibit 447 (AR 022814–022816). Draft Settlement Agreement between the Washington State Department of Ecology and Port Of Seattle regarding appeal of §401 Certification #1996-4-02325, issued August 10, 2001, for the Third Runway and improvements at Seattle-Tacoma International Airport. Transmitted via email from Joan Marchioro (ATG) to Tom Welsh, Tom Newlon, and Jay Manning on September 7, 2001, marked ‘For Settlement Purposes Only/Exempt from Disclosure Under ER 408.’ The agreement revises and clarifies conditions including B(1) (order validity during long-term operation and maintenance), B(4) (Ecology approval of future construction activities requiring §401 certification), D(1)(g) (bi-monthly hydrologic monitoring of wetlands downslope of Third Runway embankment), D(6)(f) (wetland buffer near Borrow Area 3), and E(1) (surface water fill conditions). References Clean Water Act §404, §401, §307(c)(3) Coastal Zone Management Act, NPDES permit for STIA, Pollution Control Hearings Board, wetland mitigation, stormwater management, and the Final Natural Resource Mitigation Plan. Accompanied by SPLP Work Plan attachment.

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