TagClean Water Act(246)

In September 2001, the Port of Seattle filed a Notice of Appeal before Washington State's Pollution Control Hearings Board, challenging conditions attached to Ecology's §401 Clean Water Act certification for the construction of a third parallel runway at Seattle-Tacoma International Airport. The appeal document argues that Ecology's certification already fully protects Washington's water resources and that the project had undergone more than a decade of rigorous planning, environmental review, and judicial scrutiny before receiving approval. The filing was prepared by the law firm Foster Pepper & Shefelman and was shared among legal and agency representatives as a confidential, attorney-client privileged communication tied to ongoing settlement discussions.

This September 2001 draft settlement agreement between the Washington State Department of Ecology and the Port of Seattle addresses the Port's appeal of a Clean Water Act §401 Certification issued for the construction of a third runway at Seattle-Tacoma International Airport. The agreement clarifies and revises several certification conditions related to wetland mitigation, stormwater management, and groundwater monitoring. Both parties agreed to jointly request that the Pollution Control Hearings Board amend the certification accordingly, after which the Port's appeal would be dismissed.

This September 2001 draft settlement agreement between the Washington State Department of Ecology and the Port of Seattle addresses conditions attached to a Clean Water Act §401 Certification for the construction of a third runway at Seattle-Tacoma International Airport. The agreement clarifies and revises specific environmental conditions — including wetland mitigation, stormwater management, and groundwater monitoring requirements — that would remain in effect during and after construction. The Port agreed to file a formal appeal solely to implement the settlement, after which the parties would jointly request the Pollution Control Hearings Board approve the agreed-upon modifications and dismiss the appeal.

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.

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

Email dated August 16, 2001 from Raymond Hellwig to Tom Fitzsimmons regarding a meeting in Seattle, attaching strategy notes (p3rw-1.doc) on Washington State Department of Ecology’s 401 Certification issued to Port Of Seattle. The attached document outlines overriding messages and specific responses to Port concerns about the 401 Certification, including that substantive changes would require

Draft memorandum dated 8/13/01 from Ray Hellwig, Director, to Tom Fitzsimmons, Director, Washington State Department of Ecology, recommending approval of a 401 Water Quality Certification for the Port Of Seattle Sea-Tac International Airport (STIA) Third Runway and related projects. Document AR028003 covers the Port’s proposals to construct an 8,500-foot parallel third runway, two Runway Safety

Washington State Department of Ecology Water Quality Certification (Order #1996-4-02325) issued August 10, 2001, to Port Of Seattle for construction of a 8,500-foot third parallel runway and related projects at Seattle-Tacoma International Airport (STIA) in the Miller, Walker, and Des Moines Creek watersheds and wetlands in SeaTac and Auburn, King County. Certifies compliance with Clean

Environmental scientist Amanda Azous submitted this declaration to Washington's Pollution Control Hearings Board in support of the Airport Communities Coalition's appeal against permits issued for Sea-Tac Airport's third runway construction. She argues that the Port of Seattle's Natural Resource Mitigation Plan is inadequate to compensate for the destruction of wetlands and streams in the Miller, Walker, and Des Moines Creek watersheds. Azous warns that once wetlands are filled, the damage is irreversible, and requests a stay of the Section 401 Water Quality Certification to prevent permanent environmental harm while the appeal is reviewed.

Washington State Department of Ecology (Ecology) Water Quality Certification letter dated August 10, 2001, addressed to Port Of Seattle, Attn: Elizabeth Leavitt, for U.S. Army Corps of Engineers Public Notice 1996-4-02325. Certifies that construction of a Third Runway and related projects at Seattle-Tacoma International Airport (STIA) in the Miller, Walker, and Des Moines Creek watersheds