TagACC(1534)

Notice of Appearance filed by Washington State Department of Ecology (Ecology), represented by Assistant Attorneys General Joan M. Marchioro (WSBA #19250) and Thomas J. Young (WSBA #17366) under Attorney General Christine O. Gregoire, in PCHB No. 01-133, Airport Communities Coalition (ACC) v. State of Washington Department of Ecology and Port Of Seattle, before the Pollution

Exhibit AR017854 from Hellwig exhibit collection (Exhibit No. 103, dated 1-8-02, M. Green). Phone message slip dated 8/28 at 2:50 from Joan Mpichoro (or similar) to Ray, noting a letter from the Board setting a hearing for March 18-29, 2002, with a please-call-back request. Accompanying handwritten notes dated 8-27-01 cover questions and ideas including: 4POS

In 2001, the King County Superior Court issued findings of fact and conclusions of law in an eminent domain case where the Port of Seattle condemned a 2.44-acre parcel (Parcel 92) at 15416 Des Moines Memorial Drive in SeaTac to support its Third Runway project, using the land as a flood plain. The property, owned by RST Enterprises and zoned single-family residential (UL-7200), had been used for farming for at least 50 years and fell near the 65-70 LDN aircraft noise contours, making residential financing difficult. The court found that while a commercial rezone was possible long-term, it was not reasonably likely in the near future and would only have occurred due to the presence of the Third Runway.

Notice of Appearance filed August 28, 2001 by respondent Port Of Seattle in Environmental Pollution Control Hearings Board (PCHB) proceeding, Airport Communities Coalition (ACC) v. Department of Ecology and Port Of Seattle. Attorneys from Foster Pepper & Shefelman PLLC (Roger A. Pearce, WSBA No. 21113; Steven G. Jones, WSBA No. 19334), Port Of Seattle General

Confidential discussion draft talking points prepared by Curt Hart (Ecology) for the Third Runway Section 401 water quality certification permit appeal filed by the Airport Communities Coalition (ACC) to the Washington State Pollution Control Hearings Board (PCHB). Document addresses Ecology’s defense of the permit issued to Port Of Seattle for construction of a third runway

Airport Communities Coalition (ACC) files a Request for Scheduling Conference before the Pollution Control Hearings Board (PCHB), WAC 371-08-450(4)(d), seeking an expedited briefing schedule and hearing date on ACC’s motion to stay Section 401 Certification Order No. 1996-4-02325, issued by Washington State Department of Ecology to Port Of Seattle on August 10, 2001, for the

Airport Communities Coalition (ACC) — comprising Cities of Burien, Des Moines, Federal Way, Normandy Park, Tukwila, and Highline School District — filed this Notice of Appeal with the Pollution Control Hearings Board (PCHB) on August 23, 2001, challenging Ecology’s August 10, 2001, issuance of Clean Water Act Section 401 Certification No. 1996-4-02325 and accompanying Coastal

The Airport Communities Coalition (ACC) — representing the cities of Burien, Des Moines, Federal Way, Normandy Park, and Tukwila, plus the Highline School District — filed a formal appeal in August 2001 challenging Washington State's approval of environmental permits for Seattle-Tacoma International Airport's proposed third runway. The appeal targets the Department of Ecology's Clean Water Act Section 401 Certification and Coastal Zone Management Act concurrency statement, both issued on August 10, 2001. ACC argued that the Port of Seattle's application contained scientific flaws and insufficient information to protect local waterways such as Des Moines Creek and Miller Creek that run through the surrounding communities.

In August 2001, paralegal Andrea Grad of Helsell Fetterman submitted a Public Disclosure Act request to Washington State Department of Ecology seeking all documents related to the Sea-Tac Airport third runway project's consistency with the Coastal Zone Management (CZM) Program. Ecology's Ann Kenny responded that all relevant CZM documents had already been provided, noting that CZM and Section 401 water quality matters were handled together with no separate files, and that previously withheld deliberative documents had been released. Kenny also indicated she was still checking with other staff to determine if any additional materials had been overlooked.

Internal Ecology meeting notes and talking points dated 8/16/2001 regarding the 401 Water Quality Certification issued for the Third Runway project at Sea-Tac Airport. Ecology staff prepared responses to Port Of Seattle concerns about the certification’s open-ended conditions, covering topics including NPDES major modification, stormwater retrofitting, wetland mitigation, Water Effects Ratio (WER) Study, Walker Creek