TagPollution Control Hearings Board(1507)

1. I am the Mayor of the City of Seattle ("City") and have served as Mayor since 1998. Prior to serving as Mayor, I served as a Commissioner of the Port of Seattle for nine years. Over my years of public service, I have gained an increasing understanding of the interrelationship between citizen and business needs, on the one hand, and regional air transportation capacity on the other. 2. In my capacity as Port Commissioner, I reviewed and listened first-hand to many hours of testimony related to regional air transportation capacity issues. That experience further developed my conviction that the economic well being of citizens in the Northwest and the City depends to a large extent on adequately and timely meeting the air transportation needs of our residents and businesses. Residents in the City depend on Seattle-Tacoma International Airport's DECLARATION OF PAUL SCHELL - 1 FOSTER PEPPER _ SHEFELMAN PLLC 1111 THIRD AVENUE, SUITE 3400 SEATTLE, WASHINGTON 98101-3299 206-447-44OO ,o7o 4.o, ORIGINAL AR012939 ("Sea-Tac") ability to provide commercial airline service on a timely basis throughout the region, country and world. Hundreds of businesses located in the City also have a vital stake in Sea-Tac's ability to promptly and efficiently import and export their goods. 3. More than ten years ago, it was generally recognized in the regional meetings in which I participated that the facilities at Sea-Tac were ill-equipped to deal with weather-imposed delays on commercial and freight airline service and that, over the long term, additional solutions would be…

1. I am over the age of eighteen, have personal knowledge of the facts set forth in this declaration and would be competent to testify to them if necessary. 2. I have a broad range of experience with surface and groundwater modeling as well as to software development and database design using a number of different hydrologic software packages and programming languages. My experience with hydrologic modeling software packages includes HSPF, SWMM, GENSCN, HEC-RAS, HYDRA, WATERWORKS, HYDRAIN, HY8, and MODFLOW. I joined Aqua Terra Consultants in 1993, where I have been involved in the application of computer models and the development of software applications for the past eight years, with a particular emphasis on hydrologic modeling. A copy of my curriculum vitae is attached to this declaration as Exhibit A. AR 012669 DECLARATION OF JOSEPH BRASCHER - 1 FOSTER PEPPER _ SHEFELMAN PLLC 1111 TmRDAVENUE,SUITE3400 SEATTLr,WASmNCTON98101-3299 ORIGINAL 206-447-4400 3. Aqua Terra Consultants ("Aqua Terra") acted as a subconsultant to Parametrix, Inc. in conjunction with the preparation of the Low Flow Analysis Flow Impact Offset Facility Proposal ("Low Flow Analysis") prepared by Parametrix, Inc. and submitted to the Washington State Department of Ecology in July 2001. Aqua Terra Consultants is an environmental consulting firm comprised of scientists and engineers with a broad range of expertise and experience with characterization of environmental systems, ranging from water quality modeling at the watershed scale to analysis of regional and site specific stormwater detention facilities. Aqua Terra has worked on a broad variety of projects…

v. SUPPORT OF THE PORT OF SEATTLE'SRESPONSE OPPOSING ACC'S MOTION FOR STAY STATE OF WASHINGTON DEPARTMENT OF ECOLOGY, and THE PORT OF SEATTLE, Respondents. AR 012549 C. Linn Gould declares under penalty of perjury as follows: 1. I am over the age of 18, am competent to testify, and have personal knowledge of the facts stated herein. 2. I am a Risk Assessor and soil scientist by training, having received my BA in geology and an MS in soil science. I have additional post-graduate training in risk assessment, toxicology, and wetland evaluation. For the past 10 years I have been focusing my expertise on the application of the Model Toxics Control Act ("MTCA"), RCW 70.105D, to contaminated sites. I recently participated in the MTCA Policy Advisory Committee process, which prioritized risk assessment in the development of the new MTCA regulations. More specifically, I was technical project manager and facilitator for the Department of Ecology and other Washington State stakeholders in the development of a new risk-based strategy for Total Petroleum Hydrocarbons ("TPH") remediation in Washington MARTEN BROWN INC. 1191 SECONDAVENUE,SUITE2200 DECLARATION OF C. LINN GOULD ORI61NAL SEATTLE,WASHINGTON98101 PAGE 1 (206) 292-6300 State, which is now a part of the newly issued MTCA regulation (August, 2001). Insuring protection of water quality has been a routine aspect of all risk assessment projects that I have been involved in. A copy of my curriculum vitae is attached as Exhibit A. 3. Since 1993 I have worked for the Port of Seattle as a…

2. Creation of New Wetlands Off-Site Is Necessary and Legally Permissible ...................................... 5 3. Wetland Functions Will Be Replaced In-basin .................................................................................. 6 4. Plan For Additional Mitigation at Wetland A-17 ............................................................................... 8 C. THE PORT'S LOW FLOW MITIGATION PLAN PROVIDES REASONABLEASSURANCE THAT FLOWS IN AREA STREAMSWILL BE PROTECTED............................................................................ 8 1. Low Flow Impacts Have Been Properly Estimated ........................................................................... 8 2. Low Flow Mitigation Is Feasible and Will Prove Effective ............................................................ 11 1-, 3. The Low Flow Mitigation Plan Will Not Degrade Water Quality ................................................... 12 D. A WATER RIGHT PERMIT Is NOT REQUIRED TO MANAGE STORMWATER................................ 12 1. Water Quality Law Requires the Collection, Detention, Treatment and Delayed Release of Stormwater, and a Water Right is Not Required .............................................................................. 13 2. Management of Stormwater Is Not a Beneficial Use of Water ........................................................ 14 3. Applying the Water Code to Stormwater Would Lead to Absurd Results ...................................... 15 4. Prior PCHB Decisions Do Not Require a Water Right for Stormwater Mitigation ........................ 16 E. THE STRICT FILL ACCEPTANCE CRITERIA FULLY PROTECT GROUNDWATER AND SURFACE WATER RESOURCES ......................................................................................................... 17 1. The §401 Certification Adopts Procedures to Ensure that Soil From Contaminated Sources Will Not be Used in the Embankment ...................................................................................................... 18 2. The Numeric Criteria Fully Protect Waters of the State .................................................................. 19 3. ACC's Other Fill-Related Objections Lack Merit ........................................................................... 21 F. THERE IS NO "PER SE" VIOLATION OF WATER QUALITY STANDARDSFROM PROJECT STORMWATER ...................................................................................................... 22 1. ACC Has Failed To Show Any Persistent Violations of Water Quality Standards at STIA…

v. CLARK IN SUPPORT OF THE PORT OF SEATTLE'S RESPONSE OPPOSING ACC'S MOTION FOR STAY STATE OF WASHINGTON DEPARTMENT OF ECOLOGY, and THE PORT OF SEATTLE, Respondents.

STATE OF WASHINGTON, ) 1996-4-02325 and CZMA DEPARTMENT OF ECOLOGY; and ) concurrency statement, issued August THE PORT OF SEATTLE, ) 10, 2001, Related to Construction of a ) Third Runway and related projects at Respondents. ) Seattle Tacoma International Airport) I. APPEALING PARTY The appealing party is: Airport Communities Coalition Kimberly Lockard, Executive Director 21630 11th Avenue South Des Moines, WA 98198 Tel. (2O6) 870-6581 Fax (206) 870-7225 The appealing party is represented by: 2, Rachao,Pascha,O.bo.n _,t ,,._,kJ) I _5°° _t_t s°undPla_a Attorney at Law _ _..,/ I..I 132,=/'Fourth Avenue 2421 West Mission Avenue NOTICE OF APPEAL - 1 Seattle. WA 98101-2509 Spokane, WA 99201 AR 008525 Peter J. Eglick Kevin L. Stock HELSELL FETTERMAN LLP 1500 Puget Sound Plaza3 1325 Fourth Avenue Seattle, WA 98101-2509 Tel. (206) 292-1144 Fax (206) 340-0902 Rachael Paschal Osborn Attorney at Law 2421 West Mission Avenue Spokane, WA 99201 Tel. (509) 328-1087 Fax (509) 328-8144 Appellant Airport Communities Coalition (ACC) is an entity established by interlocal agreement and composed of the Cities of Burien, Des Moines, Federal Way, Normandy Park, and Tukwila, and the Highline School District, with a combined population of over 150,000 citizens. ACC was 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 adversely affected by construction of the Third Runway Project…

scheduling conference with the Presiding Officer pursuant to WAC 371-08-450(4)(d) for the purpose of establishing an expedited briefing schedule and hearing date in regard to ACC's request for a stay of the Section 401 Certification, Order No. 1996-4- 02325, issued by Respondent Department of Ecology ("Ecology") to Respondent Port of Seattle ("Port") on August 10, 2001, for the Port of Seattle's proposed Third Runway21 Project. AN 008516 HELSELL FETTERMAN LLP Rachael Paschal Osborn 1500 Puget Sound Plaza Attorney at Law 1325 Fourth Avenue 2421 West Mission Avenue REQUEST FOR SCHEDULING Seattle. WA 98101-2509 Spokane, WA 99201 CONFERENCE- 1 :j In Ecology's press release announcing the 401 certification, Department of Ecology Director Tom Fitzsimmons characterized the Port's proposed project as "one of the largest public-works projects ever attempted in the State of Washington." He also said "the potential effects on water quality and the natural environment are5 enormous..." ACC seeks an expedited hearing of its request for a stay in light of the potential "enormous" effects on water quality and the natural environment and in light of the overriding public interest in an expedited review of the matter. The s requested stay, if ganted, will halt irreversible impacts to the environment including the permanent and irreversible filling of wetlands until final resolution of ACC's appeal of the 401 Certification. ACC, an organization consisting of adjacent municipalities and a school district, represents the interests of over 150,000 citizens whose property, health, and safety are immediately and irreparably threatened by the construction activities.…

TO: Peter J. Eglick, Kevin L. Stock and Rachael Paschal Osbom, Attomeys for Airport Communities Coalition, Appellant; Thomas Newlon, Attorney for Port of Seattle, Respondent;18 AND TO: The Clerk of the above-entitled Board. PLEASE TAKE NOTICE that the State of Washington, Department of Ecology, by and through its attorneys, Joan M. Marchioro and Thomas J. Young, Assistant Attorneys General, without waiving objections as to improper service, jurisdiction, or venue, hereby enters its AR 008489

the State of Washington, and PORT OF SEATTLE, a Washington municipal corporation, Respondents.

On August 23, 2001, the Airport Communities Coalition (ACC) filed a request for review with the Pollution Control Hearings Board ("Board"), challenging the § 401 certification issued