TagACC(1521)

THE PORT OF SEATTLE, ) 1996-4-02325 and CZMA concurrency ) statement, Issued August 10, 2001, Respondents. ) Reissued September 21, 2001, under No. ) 1996-4-02325 (Amended-l)) Michael P. Witek declares as follows:14 1. I am over the age of 18, am competent to testify, and have personal knowledge of the facts stated herein. 2. Attached to my declaration as Exhibit A is a list of untimely plans and reports offered by the Port and Ecology that we have identified on a preliminary review of the Exhibit List, which was only finalized on March 11, 2002. 3. Attached to my declaration as Exhibit B are true and correct copies of pages 9-29 of the transcript from the October 15, 2001 pre-hearing conference. DECLARATION OF MICHAEL P. WITEK IN HELSELL FETTERMAN LLP RachaelPaschalOsborn SUPPORT OF APPELLANTS' MOTION IN 15ooPugetSound Plaza Attorneyat Law LIMINE - 1 1325 Fourth Avenue 2421 West Mission Avenue ORIGINAL Seattle, WA 98101-2509 Spokane, WA 99201 AR 002552 4. Attached to my declaration as Exhibit C is an email from Port Counsel to ACC counsel, sent at 6:02 p.m. on February 15, 2002, and a copy of the attached report: "Third Runway and Embankment Fill Water Quality and Transport Analysis." 5. Attached to my declaration as Exhibit D are true and correct copies of transcript pages 19 and 20 from the February 12, 2002, deposition of Michael Riley. 6. Attached to my declaration as Exhibit E is a true and correct copy of a January 21,7 a 2002 "Technical…

PORT OF SEATTLE, a port district of the State of Washington, NO. 02-2-25658-9 SEA Petitioner, AIRPORT COMMUNITIES COALITION'S v. NOTICE OF APPEARANCE THE POLLUTION CONTROL HEARINGS (Clerk's Action Required)11 BOARD, an agency of the State of Washington; AIRPORT COMMUNITIES COALITION; and CITIZENS AGAINST SEATAC EXPANSION, Respondents, V.15 STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY, an agency of the State of Washington, Respondent Below. TO: Clerk, King County Superior Court; AND TO: Linda J. Strout and Traci M. Goodwin, attorneys for Petitioner Port of Seattle; AND TO: Roger A. Pearce, Foster Pepper & Shefelman PLLC, attorneys for Petitioner Port of Seattle; AR 000557

_ EXPEDITE (if filing within 5 court days of hearing) / / _P 1 9 , / _ Hearing is set: / ......_-_;:;..... _ "_200_ / / Date: N/A '--..... :,_,,. ,3_-. '.-.< ,.:-_.:. _ j Time: .....-,-,:),, ° ".-,,: -_ " i Judge/Calendar: "":::E!ffCr,_:'_:: / ''z:L?_,_ / -...../ SUPERIOR COURT OF WASHINGTON 0 'tz, ')_, 0 J__ ,="2_ 0 FOR THURSTON COUNTY AIRPORT COMMUNITIES COALITION; and CITIZENS AGAINST SEA-TAG NO. J x, _ , .,_-_ :_ ;: , EXPANSION, AIRPORT COMMUNITIES COALITION'S Petitioners, AND CITIZENS AGAINST SEA-TAG v. EXPANSION'S APPLICATION FOR DIRECT REVIEW BY COURT OF THE POLLUTION CONTROL APPEALS, AND REQUEST PURSUANT TO HEARINGS BOARD, an agency of the RCW 34.05.518 FOR CERTIFICATE OF

v. ) APPELLANTS' MOTION IN LIMINE TO ) EXCLUDE LATE-PRODUCED PLANS STATE OF WASHINGTON, ) AND REPORTS DEPARTMENT OF ECOLOGY; and ) THE PORT OF SEATTLE, ) ) Respondents. ) ) )

The hearing in this matter regards the Airport Communities Coalition's and Citizens Against Sea-Tat Expansion's (collectively ACC) appeal of the Department of Ecology's (Ecology) Order No. 1996-4-023525 (the 401 Certification), l which constituted a Clean Water Act (CWA) § 401 Certification, an RCW 90.48 Order, and a Coastal Zone Management Act (CZMA) Consistency Concurrence determination for the Port of Seattle's (Port) proposed Ecology initially issued Order No. 1996-4-02325 on August 10, 2001. Ecology subsequently rescinded that order and issued Order No. 1996-4-02325 (Amended-I) on September 21, 2001. Those orders will be collectively referred to as the 401 Certification. AR 002508 RESPONDENT DEPARTMENT OF 1 ATTORNEYGENERALOFWASHINGTON Ecology Division ECOLOGY'S PRE-HEARING BRIEF po Box40117 Olympia, WA 98504-0117 ORIGINAL FAX(360)586-6760 Master Plan Update (MPU) Improvements for the Seattle-Tacoma International Airport (STIA). The evidence and testimony presented to the Pollution Control Hearings Board (Board) will demonstrate that Ecology appropriately issued the 401 Certification. In addition, the hearing will show that the ACC has failed to meet its burden of proof and hence the Board should affirm Ecology's decision. H. BACKGROUND Through testimony and exhibits Ecology expects to prove the following at hearing: The terms of the 401 Certification were developed through extensive coordination with Ecology's experts on wetlands science, hydrology, stormwater management, water quality, and toxics. The Port identified a number of projects in its MPU in order to allow it to efficiently meet existing and future regional air travel demands. In its Joint Aquatic Resources Permit Application (JARPA) the Port states: The airfield…

The third runway and related MPU projects are the most carefully planned, analyzed and mitigated public transportation projects ever proposed in Washington. For the 401water quality certification (401) that is the subject of this appeal, Ecology has required an unprecedented package of sophisticated mitigation measures. This package includes extensive mitigation for impacts to wetlands, including the creation, restoration and enhancement of over 60 acres of new wetlands; retrofit of the entire existing storm water detention system at STIA to current standards; an on-going monitoring and adaptive management program; adoption of stringent fill criteria; and implementation of a sophisticated low flow mitigation plan to address summer low flows in neighboring creeks. 11. BACKGROUND The Port of Seattle (Port) urges the Board to affirm the Department of Ecology's (Ecology) conclusion that reasonable assurance exists that construction of the third runway and associated improvements (Master Plan Update Improvements, or MPU) at Seattle-Tacoma International Airport (STIA) will not violate state water quality standards or other applicable legal requirements. Appellant ACC is composed of five small cities and a school district located near the airport. The City of SeaTac, the community that would be most affected by new development at the airport, is not a party to this appeal and does not oppose the MPU projects. ACC raises questions about some of the specifics of the mitigation and monitoring plans, but fails to carry its burden of proof to show that there is not "reasonable assurance" that water quality standards will be met. Because ACC…

[] EXPEDITE (if filing within 5 court days of / '........_ '_- -._C"-. hearing) / ' "':'_ :_ "':_ _'_'_: ! / S& -. _, .._ ;2 []Hearing is set: ,- ---.'!_." ,/ -.. )'o ._ _ / Date: N/A [ _..,,.'/:.t:,. 408) ' I Time: .,.<,,_:. , j. , , ,._:.,,::,. : ,. Judge/Calendar: "<:"......:-.:t:.:"'0<2,"','"_-"cZ""-.'v."'"--'r_ /; -'<"_'M/,. ...... I "--<,Qr _,/,.... ,-<,,..;.,, [5 "--C;,,,< , SUPERIOR COURT OF THE STATE OF WASHINGTON FOR THURSTON COUNTY AIRPORT COMMUNITIES COALITION; and CITIZENS AGAINST SEA-TAC 0 9,_ '_,., 0_ _ .__)'[ (,) EXPANSION, NO. l0 Petitioners, AIRPORT COMMUNITIES COALITION'S v. AND CITIZENS AGAINST SEA-TAC EXPANSION' S PETITION FOR JUDICIAL THE POLLUTION CONTROL HEARINGS REVIEW OF FINAL ORDER OF _2 BOARD, an agency of the State of POLLUTION CONTROL HEARINGS

PORT OF SEATTLE, a port district of the State Honorable Bruce Hilyer of Washington, Petitioner, NO. 02-2-25658-9 SEA v. DECLARATION OF ROGER PEARCE SUPPORTING PORT'S APPLICATION THE POLLUTION CONTROL HEARINGS FOR DIRECT REVIEW AND REQUEST BOARD, an agency of the State of Washington; FOR CERTIFICATE OF AIRPORT COMML_ITIES COALITION; and APPEALABILITY CITIZENS AGAINST SEATAC EXPANSION Respondents,

quality and the natural environment are enormous... As the Board itself has acknowledged, "To provide the site for the third runway, the Port9 proposes to flU a canyon on the airport's west side with twenty (20) million cubic yards of fill." According to Ecology, this is equivalent to "40 football fields, each stacked 300 feet high with material.,,3 Underneath the 20 million cubic yards of fill, the Port proposes to construct an enormous rock drainfield to "capture" groundwater and transport it downslope in the hope of supporting the streams and wetlands below which would otherwise be starved of water as a result ....... of the massive fill and construction. The Port proposes several retaining walls to support portions of the fill embankments. The largest of these is a monolithic, mechanically stabilized earth (MSE) wall over 150 feet high and approaching one-third of a mile in length. Dubbed the "Great Wall of SeaTac," the Port proposes to construct the MSE wall on soils subject to liquefaction during earthquakes. 2] The proposed Project's potential impact on water quality and resources cannot be overstated. It would impact over 700 acres, create over 300 acres of new impervious surfaces with associated stormwater runoff, fill all or portions of 50 wetlands and permanently impact an additional twelve. If approved, it would obliterate 980 linear feet of fish-bearing stream, Miller Creek, relocating it in a fabric-lined ditch, and fill hundreds of feet of drainage channels in the 1ThisentirebriefgoestoIssue4. Notioe of Appeal CoyACC of Ecology's August 10,…

PORT OF SEATTLE, a port district of the State of Washington, NO. 02-2-25658-9SEA Petitioner, PORT OF SEATTLE'S APPLICATION v. FOR DIRECT REVIEW TO COURT OF APPEALS AND REQUEST FOR THE POLLUTION CONTROL HEARINGS CERTIFICATE OF APPEALABILITY BOARD, an agency of the State of Washington; FROM POLLUTION CONTROL