EXH AR023900: Draft Settlement Agreement & SPLP Work Plan — Ecology §401 Cert #1996.4-02325, Third Runway

This September 2001 draft settlement agreement between the Washington State Department of Ecology and the Port of Seattle addresses the Port's appeal of a Clean Water Act §401 Certification issued for the construction of a third runway at Seattle-Tacoma International Airport. The agreement clarifies and revises several certification conditions related to wetland mitigation, stormwater management, and groundwater monitoring. Both parties agreed to jointly request that the Pollution Control Hearings Board amend the certification accordingly, after which the Port's appeal would be dismissed.

Notes

Draft Settlement Agreement between Washington State Department of Ecology and Port Of Seattle regarding appeal of §401 Certification Order #1996.4-02325, issued August 10, 2001, for the Third Runway and improvements at Seattle-Tacoma International Airport. Forwarded by Joan Marchioro (ATG) to Tom Walsh, Tom Newlon, Jay Manning, Raymond Hellwig, and Ann Kenny on September 7, 2001, marked ‘For Settlement Purposes Only/Exempt from Disclosure Under ER 408.’ Agreement proposes clarification and revision of conditions including B(1) (validity period), B(4) (§401 certification scope), D(1)(g) (wetland hydrologic monitoring), D(6)(f) (Borrow Area 3 wetland buffer), E(1) (fill placement), E(3) (Surface Water and Ground Water Monitoring plan, minimum 8 years), F(1) (contaminant transport monitoring, minimum 8 years), Condition I (low streamflow facilities, perpetuity), and Condition J (Operational Stormwater Requirements, NPDES permit, Comprehensive Stormwater Management Plan). Parties agreed to jointly request Pollution Control Hearings Board (PCHB) amend the §401 Certification and dismiss the Port’s appeal upon approval. Also references SPLP Work Plan attachment.

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