TagClean Water Act(246)

In October 2000, Washington State Department of Ecology staff member Tom Luster raised concerns about the adequacy of Ecology's Clean Water Act Section 401 certification review for the proposed Sea-Tac Airport expansion. Luster identified multiple unresolved issues, including insufficient stormwater pollution controls, unevaluated wetland and water quality impacts, and conflicts between Ecology's approach and federal Clean Water Act requirements. He warned that failing to address these issues could result in a legally indefensible permit and degraded water quality in nearby creeks and wetlands.

A October 9, 2000 internal memo from Tom Luster to Ecology's SeaTac reviewers outlines a draft list of unresolved issues related to the SeaTac Airport 401 water quality certification review. The issues cover stormwater management, streamflows, wetland impacts, and environmental mitigation plans, including concerns about cumulative impacts on Des Moines Creek and Miller Creek from several interconnected proposed projects. The memo notes that some issues may require only minor document clarifications while others may need significant new documentation or development of formal 401 permit conditions.

Email chain dated October 3, 2000 from Raymond Hellwig (Ecology) to Thomas Fitzsimmons, Tom Luster, Yvonne Oliva, Kevin Fitzpatrick, Erik Stockdale, Dave Garland, Joan Marchioro (ATG), and others regarding a Public Disclosure Act (PDA) request submitted by Andrea Grad, paralegal at Helsell Fetterman, on September 30, 2000. The PDA request seeks all documents generated or

Washington State Department of Ecology letter dated September 29, 2000, to Colonel Randall J. Butler (Army Corps of Engineers, Portland District) and Lee Daneker (EPA Aquatic Management Division) denying without prejudice a Section 401 Clean Water Act water quality certification for the Columbia River Channel Improvements project. The two proposed actions were: (1) deepening the

Letter dated September 28, 2000 from Tom Fitzsimmons, Director of Washington State Department of Ecology, to M.R. (Mic) Dinsmore, Executive Director of Port Of Seattle, responding to Port Of Seattle’s withdrawal of its Clean Water Act § 401 Water Quality Certification application for the Third Runway project at Seattle-Tacoma International Airport. Ecology outlines conditions for

Washington State Department of Ecology Director Tom Fitzsimmons letter dated September 28, 2000 to Port Of Seattle Executive Director M.R. (Mic) Dinsmore regarding Clean Water Act §401 Water Quality Certification and §404 Permit for the Third Runway project at Seattle-Tacoma International Airport. Ecology states insufficient time remains to complete a legally defensible review within the

In a September 28, 2000 letter to Port of Seattle Executive Director Mic Dinsmore, Washington State Department of Ecology Director Tom Fitzsimmons explained that the agency could not complete its review of the Port's Clean Water Act Section 401 Water Quality Certification application for the Third Runway project within the required timeframe. Ecology outlined key outstanding concerns, including stormwater management plan deficiencies affecting Miller, Walker, and Des Moines Creeks, as well as wetlands protection issues. The letter proposed a path forward in which the Port would withdraw and resubmit its application, after which Ecology committed to completing its review and issuing a decision within 75 days.

Attorney-client privileged deliberative document dated September 27, 2000, from Gordon White (Washington Department of Ecology, Shorelands and Environmental Assistance Program) to Tom Luster, Raymond Hellwig, Kevin Fitzpatrick, Joan Marchioro (ATG), and Erik Stockdale. Transmits draft letter to M.R. (Mic) Dinsmore, Executive Director, Port Of Seattle, regarding 401 Water Quality Certification review for the Third Runway

Internal email chain dated September 27, 2000, among Washington State Department of Ecology staff Tom Luster, Raymond Hellwig, Joan Marchioro (ATG), Kevin Fitzpatrick, and Erik Stockdale, forwarded to Gordon White, marked ‘Attorney Client Privileged’ and ‘Deliberative Document.’ Concerns the Dinsmore project draft 401 certification denial letter and withdrawal letter (AR017924–017926). Luster raises concerns that the

Internal deliberative email chain dated September 27, 2000, among Washington State Department of Ecology staff Tom Luster, Raymond Hellwig, Kevin Fitzpatrick, Joan Marchioro (ATG), and Erik Stockdale, marked Attorney Client Privileged. Discusses draft denial letter and withdrawal letter related to the Dinsmore 401 water quality certification review for a Port Of Seattle project (Sea-Tac Airport).