EXH AR023911: Email Luster to Ecology Staff – STIA 401 Certification Requirements & Minority Opinion

In an October 18, 2000 email, Tom Luster of Washington State Department of Ecology shares his draft notes from a discussion about what the Port of Seattle and Ecology must do to meet Section 401 water quality certification requirements related to Sea-Tac Airport. Luster acknowledges that his views represent a minority opinion within the group, but argues his written notes may be clearer than his verbal explanations and could help prepare the agency to respond to similar questions likely to arise during public review. He expresses hope that sharing these notes will help the team reach a legally defensible decision on the 401 certification.

Notes

Email dated October 18, 2000 from Tom Luster (Ecology) to Raymond Hellwig, Paula Ehlers, Kevin Fitzpatrick, and Joan Marchioro (ATG) regarding Sea-Tac third runway 401 water quality certification requirements. Luster acknowledges his is the minority opinion on what the Port of Seattle and Ecology must do to meet Section 401 Clean Water Act requirements, and attaches drafty notes from a prior discussion. Document AR 023911 filed in PCHB third-runway-eis administrative record. Handwritten annotations on the copy reference Kevin Fitzpatrick, Tom Luster, and Joan Marchioro with notes suggesting internal disagreement about whether Luster is ‘working for Ecology.’

V V