TagClean Water Act(246)

Email from Ann Kenny (Washington State Department of Ecology, Northwest Regional Office) dated July 29, 2001, transmitting a preliminary draft 401 Water Quality Certification (WQC) for the Port of Seattle Third Runway construction at Seattle-Tacoma International Airport (STIA). Recipients include Raymond Hellwig, Kevin Fitzpatrick, John Drabek, Ching-Pi Wang, Erik Stockdale, Joan Marchioro (ATG), Tom Young

In this July 27, 2001 letter, attorney Kevin L. Stock of Helsell Fetterman LLP writes to the Washington Department of Ecology on behalf of the Airport Communities Coalition (ACC), protesting that the Port of Seattle submitted a massive two-volume Low Flow Analysis on July 24 while Ecology planned to issue its Clean Water Act 401 certification decision as early as August 6. The ACC argues that this timeline denies the public a meaningful opportunity to review and comment on a critical water quality report, as required by the Clean Water Act and state law. The letter urgently requests that Ecology grant the public a minimum of thirty days to comment on the Port's latest low stream flow analysis before issuing any certification decision.

A July 2001 letter from Azous Environmental Sciences to the U.S. Army Corps of Engineers and Washington State argues that the Port of Seattle's proposed Third Runway expansion at Seattle-Tacoma International Airport fails to meet Clean Water Act requirements by inadequately compensating for the destruction of wetlands and streams in the Miller and Des Moines Creek watersheds. The letter contends that the Port's mitigation plan does not provide the required one-for-one functional replacement of lost wetlands, lacks quantitative analysis, and ignores cumulative environmental impacts. The authors warn that approving insufficient mitigation would set a damaging precedent for wetlands protection across the region.

A July 2001 letter from environmental consultant John Strand raises concerns that the Port of Seattle accepted chemically contaminated soil fill for the proposed third runway at Seattle-Tacoma International Airport. Testing revealed petroleum hydrocarbons (TPH) in soil from Black River Quarry that exceeded cleanup standards, yet the Port transferred the soil to the airport anyway and delayed reporting the results. The letter argues that the Port's Soil Fill Acceptance Criteria are seriously flawed and that approving the project under the Clean Water Act would be ill-advised.

The Port of Seattle recorded this Declaration of Restrictive Covenants to permanently protect the Tyee Valley Golf Course Mitigation Area as a natural wetland, as required by the Washington State Department of Ecology and the U.S. Army Corps of Engineers in connection with the construction of Sea-Tac Airport's third runway. The declaration prohibits clearing, grading, filling, and construction within the mitigation area, with limited exceptions for approved wildlife management, monitoring, maintenance, and stormwater infrastructure. It was established to satisfy federal Clean Water Act requirements and state water quality standards by preserving and enhancing wetland and riparian habitat displaced by airport expansion.

This 2001 email chain among Washington State Department of Ecology staff discusses recommended criteria for fill material to be used in the Seattle-Tacoma International Airport Third Runway project. Staff member Peter Kmet proposed requiring fill material to meet ecological screening values from Table 749-3, with the uppermost six feet consisting of clean, naturally occurring soil free of manmade organic compounds and metals above natural background levels. The discussion also covers the applicability of the Model Toxics Control Act (MTCA) standards and the need to address potential impacts on plants, animals, groundwater, and aquatic organisms.

Internal email chain dated June 27, 2001 among Peter Kmet, Kevin Fitzpatrick, Chung K. Yee, and others at Washington State Department of Ecology regarding acceptable fill criteria language for the Draft 401 Certification for the Seattle-Tacoma International Airport Third Runway Master Plan improvements. Kmet recommends against restricting fill to naturally occurring uncontaminated soils and proposes

A biologist from Columbia Biological Assessments submitted a rebuttal in June 2001 challenging the Port of Seattle's environmental justifications for proposed construction improvements at Seattle-Tacoma International Airport. The letter argues that the Port failed to adequately assess impacts on Miller Creek, particularly regarding fish habitat, water temperature, and dissolved oxygen levels in a relocated section of the creek. The author contends that no proper baseline survey of fish and aquatic life was conducted, making regulatory approval of the project scientifically premature.

A biologist with Columbia Biological Assessments submitted a formal rebuttal in June 2001 challenging the Port of Seattle's environmental responses related to proposed Master Plan Update Improvements at Seattle-Tacoma International Airport. The rebuttal argues that the Port failed to adequately assess impacts on Miller Creek, particularly regarding fish habitat, water temperature, and dissolved oxygen levels during summer months. The author contends that no proper baseline survey of fish and aquatic organisms was conducted, making regulatory approval and proposed mitigation measures scientifically insufficient.

Email chain (AR017302) among Washington State Department of Ecology staff Chung K. Yee, Kevin Fitzpatrick, Craig Thompson, and AAG Joan Marchioro regarding acceptable fill criteria language for the Draft 401 Water Quality Certification for the Seattle-Tacoma International Airport Third Runway project. Key issues include: whether Ecology’s 401 WQ Certification fill criteria should ‘stand alone’ from