TagClean Water Act(246)

These are meeting notes from a October 27, 2000 negotiation session between the Port of Seattle and the Washington Department of Ecology regarding the 401 Water Quality Permit for Sea-Tac Airport's Third Runway project. The meeting covered technical issues including stormwater management planning, base flow impacts, and the Tyee Pond buffer, with participants tracking the resolution status of dozens of environmental compliance items. A jointly maintained master list of issues was used to document which technical concerns had been resolved, were pending additional information, or required further discussion before the permit could be issued.

Exhibit 89 (AR 017784-017785). Email chain forwarded by Raymond Hellwig (Ecology) to Ann Kenny on October 26, 2000, containing internal comments by Tom Luster (Ecology) on draft 10/20/2000 meeting notes for the Sea-Tac Airport third runway 401/404 review. Luster raises concerns about: NPDES major modification and stormwater plan for SR-509 interchange; South Access/Tyee Pond spill

Memo dated October 25, 2000 from Tom L. to Paula at Washington State Department of Ecology listing initial workload items for the next year. Items include updating Nationwide Permits with Army Corps of Engineers, developing Regional General Permits, investigating 401/CZM rule pros/cons, preparing for legislative session, coordinating on ESA issues, updating the 401/CZM Desk Manual,

Letter dated October 25, 2000 from Elizabeth Leavitt, Manager of Aviation Environmental Programs, Port of Seattle, to Jonathan Freedman, Regulatory Branch, U.S. Army Corps of Engineers Seattle District, submitting a new Joint Aquatic Resources Permit Application (JARPA) for Clean Water Act Section 404 permit, Corps of Engineers Project No. 96-4-02325, for Seattle-Tacoma International Airport Master

A October 25, 2000 internal memo from Tom Luster to Ann Kenny outlines the transition of the 401 water quality certification review for the Sea-Tac Airport expansion project. It covers key outstanding issues including flow augmentation, water quality BMPs, and Clean Air Act compliance, as well as coordination needs with the Army Corps of Engineers, EPA, and WDFW. The memo also addresses document management, public disclosure requests, and contract administration changes related to the King County Stormwater Review.

In October 2000, Washington State Department of Ecology staff exchanged internal emails debating conditions for issuing a Section 401 water quality certification related to Sea-Tac Airport's proposed third runway expansion. Key concerns included the need for approved stormwater plans for the Highway 509 interchange, potential impacts to Tyee Pond and Des Moines Creek flows from construction fill and impervious surfaces, and ensuring compliance with an existing Agreed Order governing groundwater contamination. Staff member Tom Luster warned that draft meeting notes did not accurately reflect prior internal agreements, and that issuing a 401 without addressing these issues could fail to meet regulatory requirements.

Memorandum dated October 24, 2000 from Paula Ehlers, Section Manager, to Gordon White, Jeannie Summerhays, Ray Heilwig, and Seatac File, regarding refocusing work priorities for Tom Luster, Senior Policy Lead for federal permitting. Ehlers explains that Tom Luster’s involvement in the SeaTac Third Runway project has prevented him from fulfilling his statewide Section 401 Clean

Internal email chain dated October 23, 2000 from Tom Luster (Ecology) to Raymond Hellwig, Kevin Fitzpatrick, Erik Stockdale, and Joan Marchioro (ATG), forwarded November 20, 2000 to Thomas Fitzsimmons, concerning 401/404 review of SeaTac airport Third Runway expansion. Luster raises unresolved issues including: NPDES major modification and stormwater plan approval for SR-509 interchange as prerequisite

Email dated October 18, 2000 from Tom Luster (Ecology) to Raymond Hellwig, Paula Ehlers, Kevin Fitzpatrick, and Joan Marchioro (ATG) regarding Sea-Tac Airport Section 401 water quality certification requirements. Luster notes his minority opinion on what the Port of Seattle and Ecology must do to meet 401 requirements, and provides drafty notes from a prior

In an October 18, 2000 email, Tom Luster of Washington State Department of Ecology shares his draft notes from a discussion about what the Port of Seattle and Ecology must do to meet Section 401 water quality certification requirements related to Sea-Tac Airport. Luster acknowledges that his views represent a minority opinion within the group, but argues his written notes may be clearer than his verbal explanations and could help prepare the agency to respond to similar questions likely to arise during public review. He expresses hope that sharing these notes will help the team reach a legally defensible decision on the 401 certification.