TagPollution Control Hearings Board(1507)

P.O. Box 47600 • Olympia, Washington 98504.7600 (360) 407.6000 • TDD Only (Hearing Impaired) (360) 407-6006 September 21, 2001 REGISTERED MAIL Port of Seattle Attn: Ms. Elizabeth Leavitt 17900 International Blvd., Suite 402 Seattle-Tacoma International Airport SeaTac, WA 98188-4236 Dear Ms_ Leavitt: Re: Water Quality Certification for U.S. Army Corps of Engineers Public Notice 1996-4- 02325 (Amended-l); Construction of a Third Runway and related projects at the Seattle- Tacoma International Airport (STIA) in the Miller, Walker, and Des Moines Creek watersheds and in wetlands at the Seattle-Tacoma International Airport, located within the vicinity of the city of SeaTac, King County, Washington; and in wetlands at the mitigation site in Auburn, King County, Washington. The public notice from the U.S. Army Corps of Engineers (Corps) for proposed work has been reviewed. On behalf of the state of Washington, we certify that the work proposed in the Port of Seattle's (the Port's) revised Joint Aquatic Resource Permit Application (JARPA) dated October 25, 2000, the Corps' public notice and the Department of Ecology's (Ecology's) public notice complies with applicable provisions of Sections 301,302, 303, 306 and 307 of the Clean Water Act, as amended, and other appropriate requirements of state law. This letter also serves as the state response to the Corps. This letter also serves as notification that Ecology has rescinded Order Number 1996-4-02325 issued on August 10, 2001 and replaced it with Order Number 1996-4-02325 (Amended-I) issued on September 21, 2001. Pursuant to Section 307(c)(3) of the Coastal Zone Management Act…

ACC & CASE v. Dept. of Ecology & Port of Seattle February 22, 2002 AR 014752 1. Dyanne Sheldon declares as follows: 2. I am an environmental scientist, with over 20 years of specializing in wetland ecology and wetland management related issues. I have a Bachelor's of Science in Botany, and a Master's of Education and Curriculum Development. I have worked as a wetland ecologist and land-use planner in the Pacific Northwest for over 20 years, and as a naturalist and educator for over 25 years (see Vitae, Attachment A). 3. In my pre-trial testimony I focus on the following issues: discrepancies in how Ecology has taken regulatory authority on wetlands, determination of restoration/creation credits, assessment of functions proposed to be provided, whether or not the detailed plans and performance specifications of the 401 permit will result in the suite of benefits described in the NRMP, whether the relocated stream and floodplain system will function as described in the NRMP text, how the conditions of the 401 do not effectively apply current state of the science on effective mitigation design and finally whether or not the 401 conditions assure long-term protection of water quality of state aquatic resources. 4. As I noted previously in my Declaration in Support for Motion for Stay, (Attachment O this document, Para. 7; Oct. 2001) hydrology is the key driver for all wetland functions. The recently published National Academy of AR 014753 Pg. 1/27 Sciences 1 (NAS) work on mitigation effectiveness has this to say…

ACC & CASE v. Dept. of Ecology & Port of Seattle am a member of the City Council of Burien, Washington. I have also served in the past as Mayor of Burien and as a member of the Airport Communities Coalition Executive Committee. The purpose of this testimony is to introduce ACC to the Board and to put into perspective for the Board ACC's reasons for participating in this review. The Airport Communities Coalition is an entity established by intedocal agreement and composed of the Cities of Burien, Des Moines, Federal Way, Normandy Park, and Tuk-wila, and the Highline School District, with a combined population of over 15o,ooo citizens. ACCwas formed for the purpose of, inter alia, participating in the governmental review process related to the Port of Seattle's proposed third runway and related Master Plan developments ("Third Runway Project") at Seattle-Tacoma International Airport (=Sea-Tac Airport" or STIA"). The ACC municipalities and school district would be particularly affected byconstructionoftheThirdRunway Projectbecausetheyarcthecommunities closesttoSea-TacAirport(excludingtheCityofSeaTacitself,whichreceives millionsofdollarsayearfromthePortandsupportstheThirdRunway Project). AR 014582 The ACC municipalities have particular stewardship responsibilities for the streams and watersheds within their boundaries, including Des Moines Creek, Miller Creek, Walker Creek, and Gilliam Creek. ACCand its members have a vital interest in ensuring that the Port's proposed project complies with the requirements of the Clean Water Act, the Coastal Zone Management Act and state water quality laws. The value of these resources to the communities is illustrated by how we use them, For example, over fifty percent of the Miller Creek drainage basin…

ACC & CASE v. Dept. of Ecology & Port of Seattle February 22, 2002 AR 014364 INTRODUCTION: am submitting my testimony in this matter to provide the Board the benefit of my several years of experience as Ecology's senior expert on water quality certifications and my associated experience as the agency's lead reviewer on the certification that is the subject of this appeal. My testimony includes a brief citation of my qualifications and experience; several general concerns I have about aspects of the proposed project and Ecology's certification that do not meet the necessary requirements of Section 401 of the Clean Water Act and the state water quality standards; and, specific examples of where the proposed project and the certification do not comply with the applicable requirements. raised several of these issues previously as part of my declarations (Exhibits A and B) and deposition (Ex. C) in this appeal, and will reiterate and summarize some of those issues discussed previously. Those documents are key elements of this prefiled testimony. Later in this document, I will also discuss in some detail two significant changes that have occurred since I provide my declarations several months ago. First, the Port submitted an update of its Low Flow Augmentation Plan, as required in Condition I of the certification. This Plan continues to be speculative, and offers about the same level of detail and certainty as did the Plan submitted in July 2001, which was itself not sufficient to provide reasonable assurance. This most recent…

A CC & CASE v. Dept. of Ecology & Port of Seattle February 22, 2002 WR0380-01/Kava-final AR 014138 TERMS OF REFERENCE This document constitutes my pre-filed testimony in the matter of the Airport Communities Coalition (ACC) versus the State of Washington, Department of Ecology and the Port of Seattle regarding "Appeal of Section 401 Certification No. 1996-4-02325 and CZMA concurrency statement, issued August 10, 2001, related to Construction of a Third Runway and related projects at Seattle Tacoma International Airport" (the 401 Certification). This testimony is given in support of the ACC appeal of the 401 Certification by the Department of Ecology. The appendices to this document include previous comment letters submitted under my signature to the Department of Ecology and the Corps of Engineers on the Third Runway Project and various technical documents in support of this testimony. QUALIFICATIONS am a civil engineer specializing in Geotechnical Engineering Analysis and Design, including Geotechnical Earthquake Engineering. I have a Bachelor of Science degree in Civil Engineering and a Master of Science degree in Civil Engineering specializing in Geotechnical Engineering from the Massachusetts Institute of Technology. I have a Doctor of Philosophy in Civil Engineering specializing in Geotechnical Engineering from the University of California at Berkeley. I am a Registered Professional (Civil) Engineer in Washington. I was an Assistant Professor at Stanford University for seven (7) years, teaching Civil and Geotechnical engineering, and have been a consulting engineer for the past 16 years. I am currently employed as a Principal at GeoSyntec…

Airport Communities Coalition v. Department of Ecolo_ _ _. _ _ _PCttB No. 01-160 JAN I R ZOO2 U_Table of Cases Cited in Discovery Motions and Respojo_._ _ • vl_O]_ '__4ENTAL 1. American Medical Systems, Inc. v. National Union Fire Insura_'_, _ OFlqlC_ U.S. Dist. LEXIS 12037, "10 (E.D. La. 1999) 2. Belcher v. Bassett Furniture Industries, Inc. 588 F. 2d 904 (4 th Cir., 1978) 3. Boring v. Keller, 97 F.R.D. 404 (D. Colo. 1983) 4. Cabrera v. Cortis Corp. 134 F.3d 1418, 1420 (9 th Cir., 1998) 5. In re Firestorm, 129 Wn.2d 130, 916 P.2d 411 (1996) 6. Gammon v. Clark Equipment Co. 38 Wn. App. 274, 686 P.2d 1102 (1984) 7. Green Construction Company v. Kansas Power & Light Company, et a]., 1988 U.S. Dist. LEXIS 18252 (D.C. Kan. 1988) 8. Heidebrink v. MoriwakJ, 104 Wn. 2d 392, 706 P.2d 212 1985) 9. In re Marriage of Parker, 91 Wn. App. 219, 957 P.2d 256 (1998) 10. Penza, et al. v. Drexel Burnham Lambert, Inc., 1989 U.S. Dist. LEXIS 10193, *6-7 (E.D. Pa. 1989) 11. Service Liquor Distributors, Inc. v. Calvert Distillers Corp., 16 F.R.D. 346 (D.C.N.Y. 1954) 12. Sperberg v. Firestone Tire & Rubber Co., eta]., 61 F.R.D. 80 (N.D. Ohio 1973) 13. Teer v. Law Engineering and Environmental Services Inc., 176 F.R.D. 206, 207 (E.D.N.C. 1997) 14. Tobin v. WKRZ, Inc., 12 F.R.D. 200 (D.C. Pa. 1952) 15. Versatile Metals, Inc. v. The Union Corporation, et al., 1986 U.S. Dist. LEXIS 21801, (E.D. Pa.…

1. I am the Director of Seattle-Tacoma International Airport ("STIA") and have served in that capacity since September 1993. I am over the age of 18, have personal knowledge of the facts set forth in this declaration, and would be competent to testify to them if necessary. 2. Part of my current job responsibilities include evaluating the ability of STIA to meet the needs of the Puget Sound region in terms of air freight and commercial airline capacity in a timely and effective manner. Where deficiencies are identified, my job is to assemble and present the Commissioners of the Port of Seattle with a plan to correct the deficiencies and to prepare an implementation strategy and timetable for the necessary facility improvement. The Master Plan Update process conducted by the Port has served as a principal means to identify and correct deficiencies at STIA. DECLARATIONOFGINAMARIELINDSEY- 1 FOSTERPEPPER_' SHEFELMANPLLC 1111 THIRD AVENUE, SUITE 3400 SEATTLE, WASHINGTON 98101-3299 _ ! _ ! 41 _ ! 206-447-4400 5027705001 AR 012985 3. STIA currently faces immense challenges and deficiencies. It plays a crucial role in the region's transportation infrastructure, namely to provide the needed capacity for individuals to travel and for goods to move to and from this region. STIA thus serves an indispensable role for the travelling public and region's businesses. 4. STIA's current deficiencies urgently require immediate corrective action. These deficiencies include, but are not limited to: -- delays in aircraft arrivals and departures that occur in poor weather conditions when only…

1. I am the Director of Aviation Facilities at the Port of Seattle and lead a team of engineering, environmental and maintenance professionals who provide technical oversight of airport facilities and utilities. I have served in this capacity since November 1999. I was formerly the Director of Aviation Development and Maintenance with similar duties that included the planning responsibilities. I _erved in that capacity from June 199g to November 1999. I also formorly _orvedag the Director of Aviation Professional & Technical Services at Seattle-Tacoma International Airport ("Son-Tee"). I served in thi_capacity from January 1996 to Juno 1998 and have held a number of other planning and development positions at Sea-Tat and the Los Angeles International Airport, 2. I am currently responsible for providing proaetive and comprehensive technical oversight of the airport to assure: (1) the airport's ongoing functional integrity; (2) maintenance of DECLARATIONOFMICHAELFELl)MAN- I FOSTERPEPPER_¢SHEFELMANPLLC ! I I I TmRI_ AvI:NI)I:, StllTIZ 3400 S£ATTt, E, WAI_HINGTON 98101-3299 206-447-4400 50277051flI ORIGINAL SEP-Z7-0116:36 From:AVIATIONADMIN ZO6431591Z T-939 P.03/06 Job-358 all facilities and utility systems; (3) effective and efficient capital delivery process; and (4) continuing compliance with all applicable environmental regulations. As a member of the Aviation Division's Senior Management Team, I participate in policy development and business decision making. 3. I was responsible for directing the planning and development program for the Third Runway and the Airport Master Plan and related processes between 1991 and 1006 and have _l_d_ continued senior management level involvement in its implementation since that time. 4. Sca-T_,c Airport…

1. I am the Director of Northwest State and Local Govemment Relations for The Boeing Company and have served in that position since 1999. Prior to assuming my current position, I was Manager of State Govemment Relations, Northwest Region, for The Boeing Company. 2. As the Director of Northwest State and Local Govemment Relations for The Boeing Company, I have been active in regional policy matters, including the addition of capacity to meet forecasted growth at Seattle-Tacoma International Airport. 3. The Boeing Company continues its support of construction, at the earliest time, of the Third Runway at Seattle-Tacoma International Airport. The Boeing Company believes that the Third Runway remains the most practical solution for efficient air transportation for the economic health of the region and of The Boeing Company. DECLARATIONOFALANC.RALSTON- 1 FOSTERPEPPER _ SHEFELMANPLLC I THIRD AVENUE, SUITE3400 SEATTLE, WASHINGTON98101-3299 206-447-4400 50277061.01 ORIGINAL 4. Given its role in transporting people and goods as the region's primary air transportation link to the rest of the nation and the world, Seattle-Tacoma International Airport is an essential public facility. The Boeing Company depends heavily upon Seattle-Tacoma International Airport for its business travel requirements. 5. The Boeing Company has invested heavily in facilities, including a worldwide airplane _ spares distribution center at the north end of Seattle-Tacoma International Airport. The company ,8'd_',L¢'_ _lected a location adjacent to Seattle-Tacoma International Airport to enhance the company's ability to ship parts anywhere in the world within hours. Bad weather delays at Seattle-Tacoma International Airport can currently produce…

1. I am over eighteen years of age, have personal knowledge of the facts set forth in this declaration and would be competent to testify in this matter. 2. Since 1980, I have been employed as the Director of Airports for the Port ofPasco. I am also actively involved in a number of professional societies. I am the past President of the Washington Airport Manager Association and the past President of the Northwest Chapter of the American Association of Airport Executives CAAAE"), the Second Vice Chairperson of the National AAAE and the Chairperson of the Small Airports Committee for the Airports Council International. 3. The Port of Pasco Commissioners have issued an on-the-record endorsement supporting the new all-weather runway at the Seattle-Tacoma International Airport ("Sea-Tae"). DECLARATIONOFJAMESL. MORASCH- 1 FOSTERPEPPER_ SHEFELMAN PLLC 1111 TmR. AVENUE, SurrE 3400 SEATTLE, WASHINGTON 98101-3299 206-447-4400 ORIGINAL 4. Sea-Tac is the number one destination for passengers from the Tri-Cities Airport, which is operated by the Port of Pasco. Travel to and from Sea-Tat accounts for 47% of the annual passenger traffic at the Tri-Cities Airport. In 1996, over 172,494 passengers travelled between the Tri-Cities and Sea-Tat. In 2000, 196,86 passengers travelled between Sea-Tac International and the Tri-Cities Airport. 5. Any capital improvement program that increases the capacity of Sea-Tat is extremely important to the Port of Pasco. Because of the Tri-Cities' location relative to Sea-Tat, the Tri-Cities Airport becomes one of the first airports to encounter delays when Sea-Tat experiences bad weather. Aircraft that are in…