PCHB155005058

PCHBPollution Control Hearings Board of the State of Washington

OF ECOLOGY and THE PORT OF SEATTLE ) ) Respondents. ) Intervenor/appellant Citizens Against Seatac Expansion (CASE) hereby concurs in ACC's Motion for Summary Judgment Regarding the Absence of a Water Right for the Third Runway § 401 Certification, and urges the Board to grant summary judgment in ACC's favor for the reasons discussed below. I. ADDITIONAL UNDISPUTEDFACTS As described in the Port's revised "Low Streamflow Analysis and Summer Low Flow Impact Offset Facility Proposal" ("Low Streamflow Analysis")submitted to Ecology in December, 2001: The Port's proposal is to collect excess stormwater during the rainy season, store it in underground vaults, and release the stored water continuously into each stream during the designated summer low-streamflow period at a rate equivalent to the calculated summer low-streamflow impact to that stream from planned Port projects. * * * SMITH ,S< LOWNEY) P.L.L.C. CASE'S RESPONSE BRIEF : _ 23, TEAsT-.o.. _T_EET _£ATTLE) WA cJ_ | '1 _'_ RE: WATER RIGHT- 1 (2_,6)_,6o-2_,B-. ORIGINAL ,. ooo 8 The facility, as designed, consists of two stormwater vaults (one providing water to offset flow impacts in Walker Creek and one vault providing water to Des Moines Creek). Each of these vaults stores stormwater during the rainy season to be released during the summer low-streamflow periods with features that are unique to low-flow vaults. The extra features consist of additional outlets and controls, floating discharge structures to maintain constant discharge rates, varying configurations to manage sediments,andadditionalwaterqualitymanagementfeatures(ventilationto facilitate aeration, provisions for filtration and mechanical aeration of discharges, and oil/water…
V V