PCHB243006548

PCHBPollution Control Hearings Board of the State of Washington

JAMES C. KELLEY, PH.D., declares as follows: 1. I am over 18 years of age, am competent to testify, and have personal knowledge of the facts stated herein. 2. I am a professional ecologist with Parametrix, Inc. and the principal consulting ecologist for the Third Runway project at Seattle-Tacoma Intemational Airport. Please see my previous declaration in this matter, dated September 29, 2001, for a description of my qualifications and copy of my resume. 3. On August 10, 2001, the state Department of Ecology issued a §401 Certification for the Third Runway project. In Condition Dlg of the certification, Ecology required the Port of Seattle to conduct bi-monthly monitoring of wetlands downslope of the embankment fill in November to May before construction. SECOND DECLARATION OF JAMES C. KELLEY, PH.D - 1 FOSTER PEPPER _ SHEFELMAN PLLC 1111 THIRDAVENUE,SUITE3400 • . SEATTLE, WASHINGTON 98101-3299 206-447-4400 ORIGINAL AR 006548 4. Construction of the Third Runway project has already begun in upland areas. Therefore, a requirement that the downslope monitoring occur during November - May "before construction" presumably meant that project construction be halted before the monitoring is completed. For reasons described below, it is unnecessary to halt construction before completing this monitoring. Therefore, when Ecology issued its revised 401 Certification on September 21, 2001, it deleted the requirement that the monitoring occur "before construction". 5. The ACC and its wetlands consultant Amanda Azous have objected to Ecology's change to delete the pre-construction requirement. The ACC and Ms. Azous argue that this change…
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