TagPCHB(607)

In this June 2001 internal email, Tom Luster documents a conversation with Ann K. regarding Senator Patterson's request that he review an NPDES stormwater permit related to the Sea-Tac Airport expansion project. Luster notes concerns about whether construction Best Management Practices (BMPs) in the permit were sufficient to meet water quality standards under Section 401 requirements, stating that BMPs with a history of non-compliance should be replaced with proven alternatives. He also addresses his role as an independent reviewer, emphasizing his goal of ensuring a legally defensible decision rather than advocating for any particular party's position.

This is a verbatim transcript of a June 5, 2001 King County Superior Court hearing in the case of Port of Seattle versus RST Enterprises, Inc., presided over by Judge Dean S. Lum. The proceedings included testimony from expert witness James C. Kelley, Ph.D. and Jack Dodge, covering direct, cross, and redirect examinations across multiple sessions. The case, which also carried a Washington Supreme Court cause number, likely relates to disputes involving Port of Seattle operations or property matters in the Sea-Tac area.

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.

A May 2001 letter from the Port of Seattle's Environmental Program Manager to the Washington Department of Ecology provides a quarterly update on fill material placed at the Sea-Tac Airport Third Runway Embankment project. The letter presents final tonnage and calculated volumes of soil placed during the Phase III Embankment contract (May 2000 through February 2001), noting no new fill sources were received in the first quarter of 2001. An attached summary table lists all fill sources, suppliers, categories, and final volumes consistent with the 1999 Airfield Project Soil Fill Acceptance Criteria.

This document is a Port of Seattle AirCraft Deicing Report covering the period April 1, 2000 through March 31, 2001, generated on May 2, 2001. It tracks deicing activity by date and airline carrier—including Alaska, American, Alaska Airlines, Delta, and others—recording the volumes of deicing fluid (BAC and GalGlycol) applied at Seattle-Tacoma International Airport. The multi-page report notes that airlines with no deicing activity are listed at the end of the report.

This 2001 draft report by Parametrix, Inc. describes a water quality study conducted for the Port of Seattle to assess the feasibility of meeting state water quality standards following construction of a third runway at Seattle-Tacoma International Airport. The study focused on developing a site-specific water-effect ratio (WER) for copper in Miller, Walker, and Des Moines Creeks by conducting toxicity bioassays on stormwater samples collected during storm events. The report summarizes results from initial screening and range-finding phases, with the final site-specific water quality standard still pending completion at the time of publication.

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.

These draft meeting notes from March 28, 2001 document a technical meeting regarding the 401 Permit Decision-Making process for Sea-Tac International Airport's Third Runway project. The meeting covered feedback on stormwater management deliverables, including corrections to hydrological modeling tables and figures, as well as scoping discussions for upcoming deliverables related to vault structural feasibility and maintenance documentation. Representatives from the Department of Ecology, King County, Port of Seattle, and several consulting firms attended, with follow-up meetings scheduled for early April 2001.

A 2001 internal memo from Parametrix, Inc. summarizes a conversation with the Washington State Department of Ecology (WADOE) about water toxicity testing procedures. The memo reports that WADOE opposes adjusting lab water hardness to match site water, recommending instead that storm water tests target the hardness of the receiving water body, typically 40–60 mg/L as CaCO₃. It also notes that low water hardness (around 10 mg/L) may cause chronic reproductive effects in certain test organisms but not acute toxicity.

This is a March 15, 2001 deposition of James Clayton Kelley, a Senior Wetland Ecologist at Parametrix, taken in connection with a King County Superior Court case involving the Port of Seattle and the Sea-Tac Airport third runway project. Kelley, who holds a doctorate in plant ecology from Michigan State University, describes his role leading wetland delineation studies and 404 permit work for the project, including the identification and mapping of wetlands and prior converted croplands on properties such as the Vacca Farm. He testifies that wetland delineation reports prepared in August 1999 remained current with no significant changes, and that a 404 permit from the Army Corps of Engineers and Department of Ecology was still pending at the time of the deposition.