TagPCHB(607)

This document is a transcript of legal proceedings held March 18, 2002, before the Washington State Pollution Control Hearings Board, in a case where the Airport Communities Coalition and Citizens Against Sea-Tac Expansion challenged the State Department of Ecology and the Port of Seattle over environmental concerns related to Sea-Tac Airport expansion. The hearing, which ran for ten days through March 29, 2002, was conducted at the Environmental Hearings Office in Lacey, Washington. Attorneys representing community groups, the state attorney general's office, and the Port of Seattle all appeared before a three-member board panel.

Pollution Control Hearings Board (PCHB) case 01-160, Findings of Fact, Conclusions of Law, and Order. Airport Communities Coalition (ACC) and Citizens Against Airport Expansion (CASE) challenge the Port Of Seattle’s Section 401 Water Quality Certification issued September 21, 2001, by Washington State Department of Ecology for construction of the Third Runway and related projects at

Pre-filed testimony of W. A. Rozeboom, M.B.A., P.E. submitted to the Environmental Hearings Office (PCHB), received March 18, 2002, consisting of an index to exhibits A through P. Exhibits include Northwest Hydraulic Consultants letters to U.S. Army Corps of Engineers (November 1999, February 2001, June 2001, December 2001) commenting on stormwater, hydrology, and hydraulics of

ACC’s reply brief in PCHB No. 01-160 supporting motion in limine to exclude plans and reports produced after February 1, 2002, cutoff date set in the October 30, 2001 Pre-Hearing Order. Arguments center on the plain language of the Pre-Hearing Order prohibiting Ecology and Port Of Seattle from relying on any plan or report prepared

Appellants’ reply brief filed March 17, 2002 in PCHB No. 01-160 by Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) via Helsell Fetterman LLP and Smith & Lowney PLLC, supporting their motion to strike the Port of Seattle’s pre-hearing brief. ACC argues the Port manipulated double-spacing in Microsoft Word to stuff additional lines

Prefiled direct testimony of James C. Kelley, Ph.D. (Parametrix, Inc.) submitted to the Pollution Control Hearings Board (PCHB) for the State of Washington, Case No. PCHB 01-160, on behalf of respondents Department of Ecology and Port Of Seattle, against appellants Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE). Kelley testifies as principal consulting

Ecology’s response filed before the Pollution Control Hearings Board (PCHB No. 01-160) opposing ACC’s motion in limine to exclude testimony of Dave Garland regarding the Port of Seattle’s December 2001 Low Flow Plan and groundwater modeling for embankment fill. Ecology argues ACC was aware of Garland’s role through interrogatory answers, his January 9, 2002 deposition,

Prefiled testimony (with errata corrections) of Joseph Brascher of AQUA TERRA Consultants submitted to the Pollution Control Hearings Board (PCHB No. 01-160) in the matter of Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) v. State of Washington Department of Ecology and Port Of Seattle. Brascher testifies regarding low streamflow hydrologic modeling at

State of Washington Department of Ecology’s response opposing Airport Communities Coalition (ACC) motion under CR 32(a)(2) to publish over 1,424 pages of deposition transcripts in lieu of direct testimony in PCHB No. 01-160. Ecology argues depositions of Fitzsimmons, White, Hellwig, Kenny, Stockdale, Drabek, Fitzpatrick, and Kmet are inadmissible, that ACC failed to timely file the

Port Of Seattle’s response brief filed in PCHB case 01-160 opposing ACC and CASE motion in limine to exclude 17 exhibits as ‘late-produced.’ Port argues the Board’s October 30, 2001 prehearing order deadlines (November 15, 2001 identification, February 1, 2002 completion) apply only to plans and reports prepared ‘pursuant to the §401 Certification,’ not all