TagPollution Control Hearings Board(1507)

Des Moines Creek Regional Capital Improvement Project Preliminary Design Report November 1, 1999 Prepared for Des Moines Creek Basin Committee Tim Heydon,City ofDes Moines Tom Hubbard,Portof Seattle David Masters,King County Don Monaghan,City of SeaTac LorenReinhold,City of Des Moines Prepared by King County Capital Improvement Project Design Team Approved by Don Althauser, P.E. AR 041946 Table of Contents Page Executive Summary ................................................................................................................ 1 Introduction ............................................................................................................... 3 Methods .......................................................................................................................... 5 Assumptions ....................................................................................................................... 6 Results ...................................................................................................................................... 8 Hydrologic Evaluation .......................................................................................................... 8 Typical Water Year............................................................................................................. 29 Storm Events ....................................................................................................................... 33 Swanson Site Observations ................................................................................................. 36 Conclusions ............................................................................................................................. 37 Recommendations ................................................................................................................ 41 List of Figures Figure 1 Average Wet Season Inundation Areas (October--March) .................................... I I Figure 2 Average Dry Season Inundation Areas (April--September) ................................... 13 Figure 3 Current and Proposed Flood Inundation Areas (l-year) .......................................... 15 Figure 4 Current and Proposed Open Water Areas (I-year) .................................................. 17 Figure 5 Section A - A' through Northwest Ponds ................................................................ 19 Figure 6 Section B - B' through Approach Light Cell ........................................................... 21 Figure 7 Current and Proposed Flood Inundation Areas (10=year)........................................ 23 Figure 8 Current and Proposed Flood Inundation Areas (25-year) ........................................ 25 Figure 9 Current and Proposed Flood Inundation Areas (100-year) ...................................... 27 Figure l0 1995 Mean Daily Water Surface Areas, Northwest Ponds, Typical Water Year ...30 Figure I I Stage=Area Graph for I.O1=Year Event at Northwest Ponds .................................. 31 Figure 12 Stage-Area Graph for 2-Year Event at Northwest Ponds ....................................... 32 Figure 13 1995 Mean Daily Discharge, Northwest Ponds, Typical Water Year .................... 34…

Order Granting Appellant's Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses dated March 19, 2002 ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160 Deponent: Gordon White Date of Deposition: January 16, 2002 1. Admissibility A. Purpose used for or what it will be offered to prove: Gordon White signed the 401 certifications for the Department. His testimony is offered to prove the lack of reasonable assurance. B. Specific designation (if CR 30(b)(6) deponent): Mr. White's deposition is offered as a managing agent of the Department. C. Basis for admissibility ff challenged by objection: If an objection is attached pursuant to provision 4 below, ACC's and CASE's response is also attached. 2. Excerpting: The following portions of the White deposition are offered by ACC and CASE: Page 5, line I through page 8, line 14 Page 10, line 8 through page 11, line 17 Page 12, line 6 through page 13, line 14 Page 13, line 22 through page 20, line 11 Page 21, line 12 through line 17 Page 22, line 10 through page 25, line 18 Page 26, line 6 through page 29, line 16 Page 30, line 11 through page 31, line 9 Page 31, line 22 through page 32, line 4 Page 32, line 21 through page 33, line 7 Page 39, line 2 through line 12 Page 43, line 21 through page 45, line 12 Page 45, line 24 through page 46, line 2 Page 47,…

Order Granting Appellant's Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses dated March 19, 2002 ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160 Deponent: Erik Stockdale Date of Deposition: January 23, 2002 1. Admissibility A. Purpose used for or what it will be offered to prove: lack of reasonable assurance with regard to wetlands and wetlands mitigation. B. Specific designation (if CR 30(b)(6) deponent): Mr. Stockdale is the Ecology's wetlands staffperson whose recommendation has been cited as the basis for reasonable assurance by Ecology. C. Basis for admissibility if challenged by objection: If an objection is attached pursuant to provision 4 below, ACC's and CASE's response is also attached. 2. Excerpting: The following portions of the Stockdale deposition are offered by ACC and CASE: Page 5 line 10 through page 6 line 6 Page 7 line 12 through page 11 line 21 Page 28 line 7 through page 39 line 4 Page 41 line 7 through page 56 line 19 Page 61 lines 4 through 13 Page 65 line 2 through page 71 line 8 Page 75 line 17 through page 80 line 19 Page 82 line 25 through page 88 line 10 Page 94 lines 6 through 12 Page 104 line 22 through page 105 line 5 Page 108 lines 3 through 20 Page 111 line I through page 112 line 10 Page 114 lines 1 through 10 Page 116 line 23 through page 118 line 16 Page 126…

Order Granting Appellant's Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses dated March 19, 2002 ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160 Deponent: Peter Kmet, P.E., Senior Environmental Engineer, Toxics Cleanup Program, DOE Headquarters Policy and Technical Support Unit. Date of Deposition: December 19, 2001 1. Admissibility A. Purpose used for or what it Will be offered to prove: Testimony about recommendations and reservations expressed by the Senior Environmental Engineer in Ecology's Toxics Cleanup Program, Headquarters Policy and Technical Support Unit regarding 401 fill conditions. B. Specific designation (if CR 30(b)(6) deponent): Fill Criteria, Condition E of the Certification (pp. 14-19). C. Basis for admissibility if challenged by objection: If an objection is attached pursuant to provision 4 below, ACC's and CASE's response is also attached. 2. Excerpting: The following portions of the Kmet deposition are offered by ACC and CASE: Page 7, lines 4-17 Page 11, lines 2-23 Page 13, line 11 through Page 27, line 15 Page 28, line 20 through Page 43, line 6 3. Counter Excerpts of Respondents: See attached. 4. Objections of Respondents: See attached. g:luaccpchbdepositionspublished deps_net.doc AR 028817 ACC & CASE v. Dept. of Ecology & Port of Seattle PCHB No. 01-160 Department of Ecology's Designation of Additional Portions of Deposition and Objections Entered Pursuant to the Board's Order of March 19, 2002 and Port of Seattle's Joinder in those Objections and Designations Deponent: Pete Kmet Date of Deposition: December 19, 2001 3.…

Order Granting Appellant's Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses dated March 19, 2002 ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160 Deponent: Ann Kenny, Department of Ecology Federal Permit Coordinator for the Northwest Regional Office. Date of Deposition: December 20, 2001 and February 20, 2002 1. Admissibility A. Purpose used for or what it will be offered to prove: Ann Kenny coordinated the review of the Port's application for 401 certification by Department of Ecology technical staff and made a recommendation of reasonable assurance to Gordon White. Excerpts of Ms. Kenny's deposition are offered to prove that Ecology lacks reasonable assurance with respect to wetlands mitigation, stormwater management and mitigation, low flow analysis and mitigation and the fill criteria. B. Specific designation (if CR 30(b)(6) deponent): Ms. Kenny's deposition is offered pursuant to CR 30(b)(6) and designated on the following areas: 1. wetlands and wetlands mitigation; 2. stormwater and stormwater mitigation; 3. stream flow analysis and mitigation; and 4. fill criteria. C. Basis for admissibility if challenged by objection: If an objection is attached pursuant to provision 4 below, ACC's and CASE's response is also attached. 2. Excerpting: The following portions of the Kenny deposition are offered by ACC and CASE: Page 5, line 18 through page 15, line 9 Page 19, line 7 through page 24, line 16 Page 25, line 12 through page 35, line 10 AR 028687 Page 37, line 1 through page 43, line…

Order Granting Appellant's Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses dated March 19, 2002 ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160 Deponent: Ray Hellwig, Director, Dept. of Ecology Northwest Regional Office Date of Deposition: January 8, 2002 1. AdmissibiIity A. Purpose used for or what it will be offered to prove: Per CR 32(a)(2), testimony by Director of Department's Northwest Regional Office concerning procedure and basis for issuance of Sea Tac 401 certifications showing lack of reasonable assurance. Further offered in response to testimony of Kenny, White, Cheyne, and Leavitt. B. Specific designation (if CR 30(b)(6) deponent): N/A C. Basis for admissibility if challenged by objection: If an objection is attached pursuant to provision 4 below, ACC's and CASE's response is also attached. 2. Excerpting: The following portions of the _Hellwig_ deposition are offered by ACC and CASE: Page 6 through page 38 line 20 Page 67 line 9 through line 14 Page 75 line 16 through page 76 line 18 Page 77 through page 262 3. Counter Excerpts of Respondents: See attached. 4. Objections of Respondents: See attached. g:_luacc-tempsummary statement for dep - hellwig.doc AR 028580 ACC & CASE v. Dept. of Ecology & Port of Seattle PCHB No. 01-160 Department of Ecology's Designation of Additional Portions of Deposition and Objections Entered Pursuantto the Board's Order of March I9, 2002 and Port of Seattle's Joinder in those Objections and Designations Deponent: Ray Hellwig Date of Deposition: January…

Use the form on the reverseof this card to order additional copies, or order online and receivea 20% discount. AR 054467 _ _ ,_ ,.,,J _ .__ o oIll ¢" _ o Ill _ o ._ '_o _:_ _ ._ o _ _ _l,LI ' -_ " j o _3 o e_o-_ .=._.,: AR 054468 _ _ E ¢1 o= ml -oO _ _ _ =_ . _, --.., =._ ._ _ _ _' eq 0 r',l "_ =._ _, . t_ -= o ;_ _, _oo_ _ _o __ E -_ _- _ _'_ ° < o_- _; _.,_ _ I::) _:'_: _ _o_''_ _ ritz ,._'=._-'_"- __'_._,, _ _ O.__:" _ _= "- o_,_ _ _= _ _ _.=_ _ _ _.,= = . _ _ U _'" _ _ u° _ _ MA_2 9 2OO2 ENVIRONMENTAL HEARINGS OFFICE AR 054469 L COMPENSATINGFoR XY 7 TLANDEOSSES UNDERTHECLEAN /ATER ACT Committee on Mitigating Wetland Losses Board on Environmental Studies and Toxicology Water Science and Technology Board Division on Earth and Life StudiLes National Research Council NATIONAL ACADEMY PRESS Washington, D.C. AFI O5447O NATIONAL ACADEMY PRESS 2101 Constitution Avenue, N.W. Washington, D.C. 20418 NOTICE: The project that is the subject of this report was approved by the Governing Board of the National Research Council, whose members are drawn from the councils of the National Academy of Sciences, the National Acaden, y of Engineering, and the Institute of Medicine. The members of the committee responsible for the report were chosen for…

Order Granting Appellant's Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses dated March 19, 2002 ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160 Deponent: Thomas Fitzsimmons, Director, Dept. of Ecology Date of Deposition: January 18, 2002 1. Admissibility A. Purpose used for or what it will be offered to prove: Per CR 32(a)(2), testimony by Director of Department concerning procedure and basis for issuance of Sea Tac 401 certifications showing lack of reasonable assurance. Further offered in response to testimony of Kenny, White, Cheyne, and Leavitt. B. Specific designation (if CR 30(b)(6) deponent): N/A C. Basis for admissibility if challenged by objection: If an objection is attached pursuant to provision 4 below, ACC's and CASE's response is also attached. 2. Excerpting: The following portions of the Fitzsimmons deposition are offered by ACC and CASE: Page 1 through page 20 line 9 Page 28 line 13 through page 31 line 5 Page 35 line 10 through page 121 3. Counter Excerpts of Respondents: See attached. 4. Objections of Respondents: See attached. g:luacc-tempsummary statement for dep - fitzsimmons.doc AR 028523 A CC & CASE 1,.Dept. of Ecology & Port of Seattle PCHB No. 01-160 Department of Ecology's Designation of Additional Portions of Deposition and Objections Entered Pursuant to the Board's Order of March 19, 2002 and Port of Seattle's Joinder in those Objections and Designations Deponent: Tom Fitzsimmons Date of Deposition: January 18, 2002 3. Counter Excerpts by Respondent Department of Ecology:…

Order Granting Appellant's Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses dated March 19, 2002 ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160 Deponent: KEVIN FITZPATRICK Date of Deposition: JANUARY 16, 2002 1. Admissibility A. Purpose used for or what it will be offered to prove: lack of reasonable assurance for 401 with respect to water quality, fill, and low flow. Mr. Fitzpatrick is one of the Ecology personnel who has been explicitly cited by Gordon White (the 401 signator) and others as providing a basis for reasonable assurance. B. Specific designation (if CR 30(b)(6) deponent): Mr. Fitzpatrick is the Section Manager of the Water Quality Program in Ecology's Northwest Regional Office. He is designated as an Ecology witness concerning, among other matters, water quality, fill and low flow. C. Basis for admissibility if challenged by objection: If an objection is attached pursuant to provision 4 below, ACC's and CASE's response is also attached. 2. Excerpting: The following portions of the FITZPATRICK deposition are offered by ACC and CASE: START END Page 1, line 1 through page 7, line 7 Page 10, line 7 through page 10, line 24 Page 11, line 25 through page 13, line 16 Page 15, line 14 through page 53, line 17 Page 54, line 23 through page 58, line 7 Page 60, line 8 through page 72, line 14 Page 79, line 12 through page 80, line 10 Page 82, line 2 through page…

Order Granting Appellant's Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses dated March 19, 2002 ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160 Deponent: JOHN DRABEK Date of Deposition: DECEMBER 14, 2001 1. Admissibility A. Purpose used for or what it will be offered to prove: lack of reasonable assurance for 401 with respect to water quality, fill, and low flow. Mr. Drabek is one of the Ecology personnel who has been explicitly cited by Gordon White (the 401 signator) and others as providing a basis for reasonable assurance. B. Specific designation (if CR 30(b)(6) deponent): Water Quality (Stormwater and stormwater mitigation). Mr. Drabek is the supervisor if the Industrial Permit and Stormwater Unit in Ecology's Northwest Regional Office. He is designated as an Ecology witness on matters related to the basis for reasonable assurance with regard to water quality, the Port's NPDES permit and the 401 certification. C. Basis for admissibility if challenged by objection: If an objection is attached pursuant to provision 4 below, ACC's and CASE's response is also attached. 2. Excerpting: The following portions of the DRABEK deposition are offered by ACC and CASE: START END Page 1, line 1 through page 11, line 23 Page 15, line 1 through page 20, line 12 Page 25, line 15 through page 28, line 18 Page 29, line 9 through page 36, line 1 Page 41, line 1 through page 44, line 20 Page 46, line 16 through…