TagClean Water Act(246)

In June 2001, the EPA's Region 10 office submitted formal comments to the U.S. Army Corps of Engineers regarding the Port of Seattle's Sea-Tac Airport Third Runway project, which proposed filling over 18 acres of wetlands and 980 feet of Miller Creek. The EPA raised concerns about unresolved hydrological impacts, including the effects of a proposed retaining wall on nearby wetlands and groundwater flows, the adequacy of buffers around borrow pits, and the Port's undisclosed plans for vacant land parcels in the project area. The agency urged the Corps to carefully review these wetland and Clean Water Act compliance issues before issuing a construction permit.

In a June 2001 internal memo, Tom Luster notes a call from Ann Kenny of the Washington Department of Ecology regarding the Sea-Tac Airport third runway project. Kenny indicated that Ecology intended to separate the Section 401 water quality certification from the Agreed Order, planning a new study to examine possible contamination pathways from the Airport Operations and Maintenance Area (AOMA) to the third runway site. Luster noted that if called upon for an affidavit, his testimony would reflect his understanding of how the key documents were connected during his time as project reviewer.

Final draft meeting notes prepared by Rachel McCrea of Floyd & Snider Inc. for a 401 Permit Decision-Making technical meeting on June 5, 2001 regarding Sea-Tac International Airport Third Runway. Attendees included Ann Kenny (Dept. of Ecology), Kelly Whiting (King County), Keith Smith (Port of Seattle), Alan Black (HNTB), Paul Fendt and Tom Atkins (Parametrix).

Email chain (June 1, 2001) from Kevin Fitzpatrick, Section Manager, Water Quality Program NWRO, to Ann Kenny and Ching-Pi Wang, cc Raymond Hellwig and Steve Alexander (Ecology), forwarding deliberative draft language for clean fill criteria in the 401 Certification for Sea-Tac Airport Third Runway construction. Includes August 24, 2000 email from Fitzpatrick to Tom Luster

In May 2001, the National Marine Fisheries Service (NMFS) issued a biological opinion concluding that planned construction and expansion projects at Seattle-Tacoma International Airport — including a new 8,500-foot runway and other facility upgrades — were not likely to adversely affect threatened Puget Sound chinook salmon or their designated critical habitat. The review, requested by the FAA under the Endangered Species Act, examined potential impacts to nearby waterways such as Miller, Des Moines, and Gilliam creeks, as well as Essential Fish Habitat for coastal and groundfish species. NMFS concurred with the airport's own Biological Assessment, determining the projects could proceed with the mitigation measures proposed.

Port Of Seattle response to agency and public comments on Section 404 Clean Water Act permit application (JARPA, permit 1996-4-02325) for Master Plan Update improvements at Seattle-Tacoma International Airport. Document AR050378 covers comments received following the December 27, 2000 second revised public notice issued by the U.S. Army Corps of Engineers. Responds to Tom Luster,

Port of Seattle response to agency and public comments on Section 404 Clean Water Act permit application (JARPA, reference 1996-4-02325) for Master Plan Update improvements at Seattle-Tacoma International Airport. Covers U.S. Army Corps of Engineers public notice history (December 19, 1997; September 30, 1999; December 27, 2000), wetland fill acreages, Miller Creek channel relocation, Highline

A March 28, 2001 letter from the Washington State Department of Ecology clarifies that lands classified as 'prior converted croplands' by the US Army Corps of Engineers are still subject to state wetland regulations if they meet the criteria outlined in the 1996 Washington State Wetland Delineation and Identification Manual. While the federal Food Security Act may exempt such lands from Clean Water Act Section 404 requirements, this exemption does not extend to state law. As a result, some wetlands may be free from federal oversight but remain fully regulated under Washington State rules.

Washington State Department of Ecology mid-point status letter dated March 26, 2001, addressed to Tom Mueller (Army Corps of Engineers, Seattle District) and Elizabeth Leavitt (Port Of Seattle Aviation Environmental Programs), regarding Coastal Zone Management Act (CZMA) Consistency review for the Port Of Seattle’s Master Plan Update for SeaTac International Airport, project number 1996-4-02325. Ecology

Transmittal form dated March 19, 2001 from Parametrix, Inc. (James C. Kelley) to Gail Terzi and Muffy Walker, US Army Corps of Engineers Regulatory Branch, for Port Of Seattle project number 556-2912-01(03A), POS-Master Plan Update. Transmits responses to comments by Amanda Azous and Dyanne Sheldon, map and aerial photographs of a stream relocation project on