TagACC(1534)

Second Declaration of Michael P. Witek, attorney for Airport Communities Coalition (ACC), filed January 22, 2002, before the Pollution Control Hearings Board (PCHB), Case No. 01-160. Supports ACC’s Motion for Summary Judgment challenging Section 401 Water Quality Certification No. 1996-4-02325 and CZMA concurrency statement issued August 10, 2001, by Washington State Department of Ecology related

Pollution Control Hearings Board (PCHB) case 01-160 discovery order dated January 22, 2002, resolving four motions: ACC’s motion to compel inspection of Port Of Seattle airport property, ACC’s motion to extend discovery schedule, Port Of Seattle’s motion to compel depositions and limit entry onto land, and Port Of Seattle’s motion to compel production of documents

This January 2002 memo from the Port of Seattle describes an environmental incident in which soil from the Summit Ridge fill site in Bellevue, Washington—potentially contaminated with petroleum hydrocarbons from a former home heating oil tank—was temporarily placed in the Third Runway embankment during construction. Upon discovery of the contamination in October 2000, the Port halted all haul from the site and removed approximately 1,540 tons of soil, disposing of it at a facility in Everett. The Port subsequently implemented additional environmental safeguards, including full-time on-site supervision, to prevent further transport of impacted soil to the Third Runway.

This memo from Port of Seattle environmental staff describes chemical testing of rock aggregate imported from Black River Quarry for use in the Third Runway embankment at Sea-Tac Airport. Testing revealed petroleum hydrocarbons (TPH) and elevated copper levels in some samples, traced to contamination from on-site asphalt recycling operations. As a result, the Port restricted material acceptance to newly blasted rock only and halted imports from the quarry in mid-October 2000 pending operational changes and additional testing.

Parametrix, Inc. technical memorandum dated January 21, 2002, from Jim Kelley, Ph.D., to Muffy Walker, US Army Corps of Engineers Regulatory Branch, regarding Port Of Seattle permit 1996-4-02325 (Sea-Tac Airport Master Plan Update). Provides supplemental information on wetland impacts in upper watersheds of Miller Creek, Walker Creek, and Des Moines Creek, including percent loss of

A wetlands scientist named Amanda Azous filed a legal declaration opposing the Port of Seattle's airport expansion project, arguing that filling approximately 2.8 acres of wetlands near Miller Creek would cause serious and irreversible environmental harm. She contends that the Port's mitigation plan—relying on stormwater management, embankment walls, and upland planting—cannot adequately replace the lost wetland functions, particularly the critical water and nutrient flows these wetlands provide to the broader Miller Creek watershed. The declaration was submitted in support of the Airport Communities Coalition's motion to halt the project before the Washington Pollution Control Hearings Board in 2001.

Summary statement for deposition publication submitted by ACC and CASE in ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160, pursuant to Order Granting Appellant’s Motion to Publish Depositions dated March 19, 2002. Deponent is Thomas Fitzsimmons, Director, Department of Ecology, deposed January 18, 2002. Testimony offered per CR 32(a)(2)

Airport Communities Coalition (ACC) v. Department of Ecology et al., PCHB No. 01-160. Table of 17 cases cited in discovery motions and responses, received by the Environmental Hearings Office on January 18, 2002. Cases include: American Medical Systems v. National Union Fire Insurance (E.D. La. 1999), Belcher v. Bassett Furniture Industries (4th Cir. 1978), Boring

Port Of Seattle’s reply memorandum filed January 18, 2002 in PCHB No. 01-160 (Airport Communities Coalition v. State of Washington Department of Ecology and Port Of Seattle) supporting its motion to compel ACC depositions and impose limitations on site visit entry onto land. Port argues ACC has produced zero documents, unilaterally refused to make any

Reply brief filed January 18, 2002 by Airport Communities Coalition (ACC) in PCHB No. 01-160 (ACC v. Department of Ecology et al.) before the Pollution Control Hearings Board, State of Washington. ACC argues in support of its motion to compel inspection of Port Of Seattle property under CR 34, seeking access to inspect, test, and