TagACC(1534)

This 1999 email exchange between Washington State Department of Ecology staff debates the legal basis for requiring the Port of Seattle to restore water quality in Des Moines Creek as a condition of receiving a Section 401 water quality certification for the Sea-Tac Airport third runway project. The central question is whether Ecology can require a single applicant to fix broader watershed problems that pre-exist their project, or whether mitigation can only address the applicant's direct project impacts. Staff ultimately conclude that under antidegradation requirements, no further degradation of the creek can be permitted until existing beneficial uses are restored, meaning the Port's mitigation plan must include measures such as flow augmentation and stormwater controls to bring the creek into compliance with water quality standards.

Email chain (AR 033708–033710) among Washington State Department of Ecology staff Paula Ehlers, Tom Luster, and Raymond Hellwig, with ATG staff Tom McDonald and Joan Marchioro, dated June 1–13, 1999, regarding the Port Of Seattle third runway proposal and 401 water quality certification for Des Moines Creek. Discusses antidegradation requirements under Washington Water Quality Standards

In a June 1999 email chain, Washington State Department of Ecology staff member Roger Nye proposed bringing in an outside consulting firm (SAIC) to help review technical groundwater studies related to an environmental cleanup agreement (Agreed Order) at Seattle-Tacoma International Airport (STIA). The goal was to add credibility and independence to Ecology's review process, particularly in response to public demands for an independent assessment. Nye also requested that the Port of Seattle agree to cover SAIC's costs as part of the overall project expenses under state cleanup regulations (MTCA).

A 1999 internal email from Ken Ludwa to airport staff reports that upstream water quality data for Miller Creek and Des Moines Creek shows both streams exceed copper concentration standards, meaning neither is currently in compliance. The analysis suggests that applying a Water Effect Ratio (WER) adjustment of 2 or more for Des Moines Creek and 4 or more for Miller Creek could bring the streams into apparent compliance with water quality standards. The email also raises the possibility of conducting new clean sampling to potentially replace the existing non-compliant data.

These internal communication records from Parametrix, Inc. (dated around May 1999) document discussions between environmental consultants and Washington State Department of Ecology staff regarding sampling and analysis protocols for port discharge outfalls. Key topics include the need for Ecology to review a Site Assessment Plan (SAP) and Quality Assurance Project Plan (QAPP) before work commenced, the applicability of clean sampling techniques for measuring copper concentrations in discharge water, and the distribution of draft Water Effluent Regulations (WER) guidance to regional offices for review.

In May 1999, Washington State Department of Ecology staff exchanged emails discussing plans to hire consulting firm SAIC to review groundwater studies at Sea-Tac Airport, with the question of whether the Port of Seattle would fund the work remaining unresolved. The emails also note that state legislation signed by the governor allocated $250,000 to study how construction of Sea-Tac's proposed Third Runway would impact aquifers beneath the airport, a move the Port viewed as an attempt to block the runway project. This created an unusual situation where two separate Ecology divisions were conducting potentially duplicative groundwater modeling studies at the airport for different purposes.

Exhibit 2110, AR 033718. Internal Washington State Department of Ecology email chain dated May 14, 1999, among Kevin Fitzpatrick, Tom Luster, Raymond Hellwig, Paula Ehlers, Erik Stockdale, Wendy Bolender, Lisa Austin, John Glynn, and Bill Moore regarding the 401 Certification and NPDES permit matrix for the Sea-Tac Airport Third Runway project. Key issues include stormwater

This 1999 email chain between Washington State Department of Ecology officials discusses the 401 Water Quality Certification process for a major Port of Seattle project affecting Des Moines and Miller Creek watersheds near Sea-Tac Airport. Key disputes include stormwater discharge compliance with water quality standards, required mitigation measures such as riparian buffers and stream flow augmentation, and the retrofitting of existing stormwater outfalls. Officials warn that the creeks are already hydrologically impaired, with flood and erosion conditions far exceeding pre-development levels, making it difficult to approve the project without a comprehensive and specific mitigation package.

A May 1999 email exchange between Washington State Department of Ecology staff discusses wetland mitigation challenges near an airport flight path, referencing a similar case in Petaluma, California where seasonal wetlands were allowed to remain near a municipal airport under strict conditions. The staff propose a framework involving monitoring for hazardous bird activity, defined management options, and contingency plans for replacement wetland sites if the existing mitigation proves unsafe. The emails emphasize that while the goal is to find creative regulatory solutions to approve the project under Section 401, denial remains a possibility if adequate safeguards cannot be agreed upon.

Email chain dated May 12, 1999 among Raymond Hellwig, Tom Luster, Erik Stockdale, and Paula Ehlers (Washington State Department of Ecology) regarding wetland mitigation strategy for the SeaTac Third Runway project (Port of Seattle). Tom Luster shares a Press Democrat article about Petaluma municipal airport’s Cross Creek subdivision wetland resolution with the FAA, proposing a