TagPollution Control Hearings Board(1507)

am employed with the law firm of Marten Brown Inc., whose address is 421 Capitol Way S., Suite 303, Olympia, Washington 98501; I am not a party to the cause; and I am over the age of eighteen years. I further declare that on the date hereof I served a copy of: Port of Seattle's Sur-Reply Memorandum Motion to Shorten Time Order Granting Motion to Shorten Time [proposed] Port of Seattle's Motion to Strike Overlength Brief Order Striking Overlength Brief [proposed] Second Declaration of Paul S. Fendt Second Declaration of James C. Kelley, Ph.D. Declaration of Roger Pearce Second Declaration of C. Linn Gould Opposing ACC's Motion for Stay Certificates of Service by personally hand delivering same on October 9, 2001 to: AR 006647

Wendy S. Clement certifies that, on October 9, 2001, ] filed/served the following documents on the following persons by the means specified below: 1. PortofSeattle's Stu Reply Memorandum; 2. Port of Seattle's Motion to Strike Overlength Brief; 3. [Proposed] Order Striking Overlength Brief; 4. Motion to Shorten Time; 5. [Proposed] Order Shorteaaing Time; 6. Second Declaration of James C. Kelley, Ph.D.; 7. Second Declaration of Paul S. Fendt; 8. Declaration of Roger Pearcc; 9. Second Declaration ofC. Linn Gould; and AR 006645

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. A description of my expertise and qualifications is included in my prior declaration supporting the Port of Seattle's Motion Opposing ACe's Motion for Stay and in Exhibit A to that declaration. AR 006616 3. In its reply memorandum, Ace alleges that the Port has made a number of "errors" in deriving or setting its fill criteria. Neither ACe's brief nor the declarations supporting it, however, link these alleged "errors" to any evidence, scientific or otherwise, that would tend to show that the MARTENBROWNINC. DECLARATION OF C. LINN GOULD NAL 1191 SECONDAWNt_, SUITE22000RI61 SEATTLE,WASHrNGTON98101PAGE 1 (206) 292-6300 criteria and other requirements are not protective of aquatic life and water quality. Moreover, the ACC's allegations either miss the point or are simply wrong, as discussed herein. 4. First, despite ACC's implications to the contrary, both the numeric and the narrative requirements of the 401 Certification are protective of water quality. The narrative criteria prohibit acceptance of fill from contaminated sources and fill that was previously contaminated but has been remediated. See 401 Certification, Condition E(1)(b). The numeric criteria are more stringent than is necessary to ensure that water quality standards are not violated. See Declaration of L. Gould in Support of the Port of Seattle's Response Opposing ACC's…

STATE OF WASHINGTON, ) (Section 401 Certification No. s DEPARTMENT OF ECOLOGY; and ) 1996-4-02325 and CZMA THE PORT OF SEATTLE, ) concurrency statement, issued August ) 10, 2001) Respondents. ) ) Dr. Peter Willing declares as follows: 1. I am over the age of 18, am competent to testify, and have personal14 knowledge of the facts stated herein. 2. My education and experience consists of a Master of Science degree and a Doctor of Philosophy degree, both from the Department of Natural Resources at Cornell University, Ithaca, New York. My graduate work concentrated on the relationships between land use and water quality of lakes and streams. I have taken specialized training courses in Applied Fluvial Geomorphology at the Wildland Hydrology Center, Pagosa Springs, Colorado, and on "Stormwater Treatment: ORIGINAL HELSELL FETTERMAN LLP Rachael Paschal Osborn 1500 Puget Sound Plaza Attorney at Law 1325 Fourth Avenue 2421 West Mission Avenue DECLARATION OF DR. PETER WILLING IN Seattle, WA98101-2509 Spokane.WA99201 SUPPORT OF ACC'S MOTION FOR STAY-1 AR 008048 Biological, Chemical, and Engineering Principles" through the Professional Engineering Practice Program, University of Washington. 3. I am a Principal in the Bellingham firm of Water Resources Consulting, L.L.C., which I founded in 1989. The firm specializes in hydrology of surface and ground waters, water quality, monitoring network design, stormwater management6 strategy, and hydrologic basis of water rights. I have served in public sector positions including general manager of a mid-sized public water system and environmental manager for a municipal electric utility. I hold…

1. I am one of the attorneys representing respondent Port of Seattle in this case. I have personal knowledge of the facts set forth in this declaration and am competent to testify to those facts. 2. Attached as Exhibit A to this declaration is a true and correct copy of the §401 Certification 2(3 that was issued by the Washington Department of Ecology on September 21, 2001. declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. Executed at Seattle Washington, this 9a'Hday of October 2001. R AR 006567 DECLARATIONOFROGERPEARCE - 1 FOSTERPEPPER1_'SHEFELMANPLLC 1111 TnlRO AVENUE, SUITE 3400 ,o,,,,,,.o, 0RIGINAL SEATTLE, _/;_H_2g_09'|Ol'3_99 > AR 006568 @ STATE OF WASHINGTON DEPARTMENT OF ECOLOGY 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…

1. I am over the age of eighteen, have personal knowledge of the facts stated in this declaration and would be competent to testify to them if necessary. 2. I have more than 18 years of stormwater engineering and planning experience, encompassing a broad range of stormwater and surface water projects. I have significant experience working with hydrologic and hydraulic modeling (HEC-1, WaterWorks, HEC-2, HEC-RAS), NPDES stormwater permits, erosion control on creeks and lake shores, comprehensive storm and surface water plans, preparation of drainage ordinances and environmental impact statements. I have worked extensively with the Department of Ecology's Stormwater Manuals and with King County's Surface Water Design Manual. 3. I have been the project manager for stormwater management and low flow mitigation for the Port of Seattle's Master Plan Update (MPU) projects for the past four years. I was the principal author of the Port of Seattle's Comprehensive Stormwater Management Plan ("SMP") and a principal author of the Low ORIGINAL SECOND DECLARATION OF PAUL S. FENDT - 1 FOSTER PEPPER _' SHEFELMAN PLLC 1111 THIRD AVENUE, SUITE 3400 SEATTLE, WASHINGTON 98101-3299 AR 006555 206-447-4400 50280890.03 Flow Analysis - Flow Impact Offset Facility Proposal ("Low Flow Analysis"). I graduated from the University of North Dakota with a degree in Geological Engineering in 1981. I was licensed as a Professional Engineer (Civil) by the State of Washington in January 1991 and the State of Florida in February 1990. I have been employed by Parametrix, Inc. for the past 1lyears. A copy of…

JAMES C. KELLEY, PH.D., declares as follows: 1. I am over 18 years of age, am competent to testify, and have personal knowledge of the facts stated herein. 2. I am a professional ecologist with Parametrix, Inc. and the principal consulting ecologist for the Third Runway project at Seattle-Tacoma Intemational Airport. Please see my previous declaration in this matter, dated September 29, 2001, for a description of my qualifications and copy of my resume. 3. On August 10, 2001, the state Department of Ecology issued a §401 Certification for the Third Runway project. In Condition Dlg of the certification, Ecology required the Port of Seattle to conduct bi-monthly monitoring of wetlands downslope of the embankment fill in November to May before construction. SECOND DECLARATION OF JAMES C. KELLEY, PH.D - 1 FOSTER PEPPER _ SHEFELMAN PLLC 1111 THIRDAVENUE,SUITE3400 • . SEATTLE, WASHINGTON 98101-3299 206-447-4400 ORIGINAL AR 006548 4. Construction of the Third Runway project has already begun in upland areas. Therefore, a requirement that the downslope monitoring occur during November - May "before construction" presumably meant that project construction be halted before the monitoring is completed. For reasons described below, it is unnecessary to halt construction before completing this monitoring. Therefore, when Ecology issued its revised 401 Certification on September 21, 2001, it deleted the requirement that the monitoring occur "before construction". 5. The ACC and its wetlands consultant Amanda Azous have objected to Ecology's change to delete the pre-construction requirement. The ACC and Ms. Azous argue that this change…

Overlength Brief. The Board finds that respondent Airport Communities Coalition has not shown good cause to deviate from this Board's earlier scheduling orders and that the relief requested by the Port is 1_ appropriate. 1) Accordingly, it is ORDERED that the overlength portions (all pages beyond page 30) of the October 8, 2001 reply memorandum submitted by Airport Communities Coalition are hereby stricken and shall not be considered by the Board. DATED this __ day of October, 2001. 2a KALEEN COTTINGHAM, PRESIDING ORIGINAL AR 006546 ORDER STRIKING OVERLENGTH BRIEF - 1 FOSTER PEPPER _ SHEFELMAN PLLC 1111 THIRDAVENUE,SUITE3400 SEATTLE, WASHINGTON98101-3299 50281507.01 206-447-4400 Presented by: PORT OF SEATTLE __,trt,,, _ (_., _._ Linda J. SYrout,General Counsel, WSBA No. 9422 Traci M. Goodwin, Senior Port Counsel, WSBA No. 14974 FOSTER PEPPER & SHEFELMAN PLLC og_rer._pe_r-ce,W_SBA_'7 R No. 21113 Steven G. Jones, WSBA No. 193348 MARTEN & BROWN LLP ,0 2e-. Jay J. _ing, WSBA No. 13579 Gillis E. Reavis, WSBA No. 21451 AR 006547 ORDER STRIKING OVERLENGTH BRIEF - 2 FOSTER PEPPER _ SHEFELMAN PLLC 1111 Tmao AVENUE, SUITE 3400 SEATTLE, WASHINGTON 98101-3299 50281507.01 206.-447-4400 PCHB242006546 PCHB242006547

Rather than abide by the rules agreed-upon by all parties and, even more importantly, the specific orders of the Pollution Control Hearings Board, appellant Airport Communities Coalition CACC") has filed a reply brief that is overlength by more than 16 pages. Instead of first asking the Board, the ACC has simply presented the Board with a fait accompli and included a motion to allow overlength brief. That motion does not show good cause for violating the Board's express orders. Therefore, respondent Port of Seattle respectfully requests the Board to strike and disregard all overlength pages in the ACC reply brief. A. Facts. After the Board's initial pre-hearing order in this matter, which limited each brief filed regarding the motion for stay to 15 pages, counsel for Airport Communities Coalition requested a page limit of 30 pages "per side." A copy of that letter is attached at Tab A. In response, the Board modified its pre-hearing order to limit each brief to 30 pages: "Each brief filed shall be limited to 30 pages, not counting attachments." A copy of that Board letter is attached at Tab B. ORIGINAL PORT OF SEATTLE'S MOTION TO STRIKE FOSTER PEPPER _ SHEFELMAN PLLC OVERLENGTH BRIEF - 1 1111 THIRDAVENUE,SUITE3400 SEATTLE,WASHINGTON98101-3299 206-447-4400 50281497.01 The parties subsequently agreed, and the Board ordered, that responding briefs from the Port and Ecology would be limited to 30 pages and filed on October 1,2001, and that "Any reply brief [singular] from the ACC, not to exceed 30 pages" would be…

v. ) IN SUPPORT OF ACC'S MOTION FOR ) STAY STATE OF WASHINGTON, ) DEPARTMENT OF ECOLOGY; and ) (Section 401 Certification No.9 THE PORT OF SEATTLE, ) 1996-4-02325 and CZMA concurrency ) statement, issued August 10, 2001, Respondents. ) Related to Construction of a Third ) Runway and related projects at Seattle Tacoma International Airport)12 I, Kevin L. Stock, declare as follows: 1. I am one of the attorneys for the Airport Communities Coalition. I make this declaration based upon personal knowledge and am competent to do so. 1. On August 20, 2001, I attended a meeting held among the Federal Aviation Administration, the Army Corps of Engineers and the Airport Communities Coalition to discuss alternatives to the proposed third runway. The meeting was held at the FAA's regional offices in Renton. Attending the meeting for the Army Corps of Engineers was District Engineer Colonel Ralph Graves, Corps Regulatory Section Manager Tom Mueller and Muffy Walker, the Corps' project manager for R ! G I N AJ_SELLF_rTERMANLLP Rachael Paschal Osborn 1500 Puget Sound Plaza Attorney at Law 1325 Fourth Avenue 2421 West Mission Avenue DECLARATION OF KEVIN L. STOCK IN Seattle, WA98101-2509 Spokane,WA99201 SUPPORT OF ACC'S MOTION FOR STAY - 1 AR 008042 review of the Port's application for a Clean Water Act Section 404 permit for the proposed third runway project. 3. During the course of the meeting Colonel Graves told those present that the Army Corps of Engineers anticipates issuing its decision on the Port's application for…