TagPCHB(607)

Letter from Foster Pepper & Shefelman (attorneys for Port Of Seattle) to Kaleen Cottingham, Presiding Officer, Pollution Control Hearings Board (PCHB Case No. 01-160), dated November 15, 2001, identifying plans and reports prepared or expected to be prepared pursuant to §401 Certification. Lists documents submitted on or before November 15, 2001 (Wetland A17 mitigation plan,

This November 2001 legal filing lists the witnesses that the Airport Communities Coalition (ACC) planned to call at a Pollution Control Hearings Board proceeding against the Washington State Department of Ecology and the Port of Seattle. The witness list includes personnel from the Department of Ecology and Port of Seattle, outside consultants such as Parametrix and Shannon & Wilson, and ACC's own expert witnesses covering environmental, hydraulic, and biological topics. The case, filed under PCHB Nos. 01-133 and 01-150, centered on a water quality certification related to Sea-Tac Airport.

A November 6, 2001 handwritten fax note discusses problems with noise modeling errors and how results will be integrated into legal policies. It notes that AK advised POS to produce a more complete and accurate document, and argues it is not reasonable to hold up port mitigation based on a mistake, stating that if there is no impact, there is no impact. The note also references consultant agreement on impact calculations and requirements related to 401 regulations submitted as group per FAA standards.

A November 2001 email chain discusses a meeting held on October 30, 2001, regarding errors discovered in a low flow analysis related to environmental modeling near Seattle. Raymond Hellwig of NWRO confirms that revisions to the low flow analysis may be considered to correct previous modeling errors, but stresses that any revised submissions must include thorough documentation and clear rationale. The correspondence involves multiple agencies and contractors, including Floyd Snider McCarthy, Inc., the U.S. Army Corps of Engineers, and Port of Seattle representatives.

This technical memo from Hydrocomp, Inc. (authored by Norm Crawford) outlines recommendations for improving hydrological computer modeling of Miller, Walker, and Des Moines Creeks near Seattle-Tacoma International Airport's new runway construction. It describes how rainfall and runoff from the new impervious runway and taxiway surfaces and surrounding pervious grasslands are tracked through a linked series of models (HSPF, Hydrus, and Slice) to estimate groundwater movement and seepage through underlying soil layers. The document identifies several discrepancies in the existing model setup and recommends corrections to better account for water flow paths, drainage areas, and groundwater recharge in the fill areas created by airport expansion.

Meeting notes from an October 30, 2001 technical session addressing errors discovered in the low streamflow modeling for Sea-Tac International Airport's Third Runway project. Consultants identified six modeling errors, including a conversion factor mistake that caused embankment flow contributions to be understated by a factor of 24, along with incorrect input files and improper groundwater routing. Representatives from the Port of Seattle, King County, the Department of Ecology, and the Army Corps of Engineers agreed on corrective revisions to be incorporated into a revised Low Streamflow Analysis and Summer Low Flow Impact Offset Facility Proposal required under the 401 Permit.

Port Of Seattle’s submittal of record references in PCHB case No. 01-160 (Airport Communities Coalition v. Department of Ecology and Port Of Seattle), filed October 29, 2001, opposing ACC’s motion for stay. Lists declarations from James C. Kelley Ph.D., Katie Walter, Erik Stockdale, Paul S. Fendt, Joseph Brascher, Donald Weitkamp Ph.D., Ann Kenny, Edward O’Brien,

ACC (Airport Communities Coalition) filing in PCHB No. 01-160 before the Pollution Control Hearings Board, State of Washington, submitting supplemental authorities in reply to ACC’s Motion for Reconsideration and responding to Ecology’s October 22, 2001 submission. Argues AAG statements on a ‘purely legal question’ regarding water rights for the low flow plan fall outside attorney-client

Washington State Department of Ecology reply brief filed before the Pollution Control Hearings Board (PCHB No. 01-160) opposing Airport Communities Coalition’s (ACC) arguments against Ecology’s motion to strike attorney-client privileged documents. Ecology argues the privilege is not ‘at issue’ under Pappas v. Holloway (114 Wn.2d 198) and Hearn v. Rhay (68 F.R.D. 574), and that

This document contains an email chain from October 2001 coordinating a technical meeting among Port of Seattle staff and consultants to discuss low flow modeling issues at Sea-Tac Airport. The meeting, held on October 30, 2001 at Floyd Snider McCarthy's Seattle office, was scheduled to cover a low flow modeling error, revised modeling results and their effects on low flow reserve vaults, and potential additional modeling changes suggested by a Norm Crawford review. Key participants included Port of Seattle Water Resources Manager Keith Smith, consultant Kate Snider, and several other technical staff and engineers.