TagPollution Control Hearings Board(1507)

Stipulation And Agreed Order Of Dismissal filed jointly by the respondent Department of ORDER - 1 FOSTER PEPPER 6' SHEFELMAN PLLC 1111 THIRD AVENUE, SUITE 3400 SEATTLE, WASHINGTON 98101-3299 * 206-447-4400 AR 007768 50277180.04 J Ecology ("Ecology") and appellant Port of Seattle ("Port"). The Board has considered the agreed order and the arguments of counsel in both this case and in the related case of Airport Communities Coalition v. Department of Ecology and Port of Seattle, PCHB No. 01-133. The Board finds as follows: On August 10, 2001, Ecology issued Ecology Order No. 1996-4-02325, which included a water quality certification under Section 401 of the Federal Water Pollution Control Act and a concurrency statement under Section 307 of the Coastal Zone Management Act of 1972 (the "401 Certification"). On August 23, 2001, the Airport Communities Coalition ("ACC") filed a Notice Of Appeal of that 401 Certification with the Board. That appeal has been given PCHB Case No. 01-133. On September 12, 2001, the ACC filed with the Board a Motion For Stay of the 401 Certification, along with an accompanying memorandum of authorities and supporting declarations. On September 10, 2001, the Port filed a Notice of Appeal of the 401 Certification with the Board. That appeal has been given PCHB Case No. 01-150. At the same time as the Notice Of Appeal was filed in Case No. 01-150, the Port and Ecology filed with the Board a Stipulation And Agreed Order Of Dismissal, in which Ecology and the Port agreed…

1. I am a Senior Engineer employed by the King County Department of Natural Resources. I have held that position since June 1, 1994. My duties include the development and maintenance of an HSPF based continuous hydrologic computer model, development and implementation of stormwater regulations, basin plan implementation, development of subbasin compliance program, preparation of engineering studies of complex drainage problems, training and technical support on hydrologic/hydraulic modeling and mitigations for review engineers, designers, hydrologists, and regulators from other jurisdictions (e.g., Ecology, local cities), and lead technical staff for development of the 1998 King County Surface Water Design Manual (Manual). I also provided technical support for Ecology's 2001 stormwater manual update. I have 11 years of experience in stormwater management DECLARATION OF KELLY WHITING 1 ATTORNEY GENERAL OF WASHINGTON Ecology Division PO Box 40117 Olympia, WA 98504-0117 ORIGINAL FAX (360) 586-6760 including the review of stormwater management plans for compliance with the Manual. My educational background is a Bachelor of Science in Civil Engineering, University of Washington, 1990. I am a licensed professional civil engineer in Washington State with expertise in hydrology and surface water management. 2. Pursuant to a contract between the Department of Ecology and King County, I reviewed the Port of Seattle's (Port) Comprehensive Stormwater Management Plan (SMP) for Master Plan Update Improvements at SeaTac International Airport (STIA) on behalf of Ecology. I also reviewed the Port's Low Flow Impact Analysis-Low Flow Impact Offset Facility proposal dated December 2000 and updated July 2001 on behalf of Ecology…

On August 23, 2001 appellant Airport Communities Coalition ("ACC")filed a request for review with the Pollution Control Hearings Board ("Board") of a combined certification under section 401 of the federal Clean Water Act and order under chapter 90.48 RCW (the "401 Certification") issued by respondent Washington Department of Ecology ("Ecology") to respondent Port of Seattle (the "Port"). Ecology subsequently rescinded the 401 Certification and reissued an amended one on September 21, 2001, which ACC appealed on October 1, 2001. A pre-hearing conference was held on October 15, 2001. Kaleen Cottingham presided for the Pollution Control Hearings Board.

OCT2 9 2001tl g ' ' NV[RONMENTAL _E]_>._NGS OFFICE POLLUTION CONTROL HEARINGS BOARD FOR THE STATE OF WASHINGTON Airport Communities Coalition, Appellant, No. PCHB 01-160 g v. PORT OF SEATTLE'S SUBMITTAL OF RECORD Department of Ecology and REFERENCES OPPOSING MOTION The Port of Seattle, FOR STAY Respondents. In response to the Board's request at the hearing on October 15,2001, the Port of Seattle submits the following references from the declarations. The declarations that the Port requests the Board to closely review are listed below in § I. The specific portions of the declarations that are important for each specific issue raised on the motion for stay are listed below in § II. Rather than list all the relevant exhibits, the Port asks the Board to consult the exhibits cited in those specific portions of declarations as it reads the declarations. The relevant exhibits are attached to each declaration. I. DECLARATIONS • Declaration of James C. Kelley, Ph.D., (filed 10/1/01) ("Kelley Dec.") • Declaration of Katie Walter (filed 10/1/01) ("Walter Dec.") • Declaration ofErik Stockdale (filed 10/1/01) ("Stockdale Dec.") • Declaration of Paul S. Fendt (filed 10/1/01) ("Fendt Dee.") • Declaration of Joseph Brascher (filed 10/1/01) ("Brascher Dee.") • Declaration of Donald Weitkamp, Ph.D., (filed 10/1/01) ("Weitkamp Dec.") • Declaration of Ann Kenny (filed 10/1/01) ("Kenny Dec.") PORT OF SEATTLE'S SUBMITTAL OF RECORD REFERENCES FOSTER PEPPER _4 SHEFELMAN PLLC OPPOSING MOTION FOR STAY - 1 1111TIIIRDAVENUE,SUITE3400 SEATTLE, WASHINGTON 98101-3299 206-447-4400 5028303704 ORIGINAL • Declaration of Edward O'Brien (filed 10/1/01) ("O'Brien Dec.")…

On August 23, 2001 appellant Airport Communities Coalition ("ACC") filed a request for review with the Pollution Control Hearings Board ("Board") of a combined certification under section 401 of the federal Clean Water Act and order under chapter 90.48 RCW (the "401 Certification") issued by respondent Washington Department of Ecology ("Ecology") to respondent Port of Seattle (the "Port"). Ecology subsequently rescinded the 40I Certification and reissued an amended one on September 21, 2001, which ACC appealed on October 1, 2001. A pre-hearing conference was held on October 15, 2001. Kaleen Cottingham presided for the Pollution Control Hearings Board.

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 Senior Wetlands Specialist with the Washington State Department of Ecology (Ecology) in the Shorelands and Environmental Assistance Program. I have been employed at Ecology since October 1992. From February 1986 to October 1992 1 worked as a Resource Planner for King County. 3. I received a bachelor's degree in Aquatic Biology and Environmental Studies (double major) from the University of Califomia at Santa Barbara in 1983. I received a Master of Marine Affairs (MMA) degree from the University of Washington Institute for Marine Studies in 1986. I am a certified Professional Wetlands Scientist with the Society of Wetland DECLARATION OF ERIK STOCKDALE 1 ATTORNEYGENERALOF WASHINGTON EcologyDivision POBox40117 Olympia,WA 98504-0117 ORIGINAL FAX(360)586-6760 Scientists (SWS). I served on the board of the Pacific Northwest chapter of SWS for three years. 4. In the last nine years at Ecology, I have worked on hundreds of projects throughout the Northwest Region that involved the assessment of impacts to wetlands and other aquatic habitats and the evaluation of proposed mitigation activities. I have made presentations at numerous symposia, and to a wide variety of audiences. I have conducted training workshops for local governments on a variety of wetland topics. From time to time I lecture at the University of Washington, and give presentations at continuing legal education seminars. 5. I have worked on various complex projects seeking permits from Ecology,…

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 principal wetland scientist at Shannon & Wilson Inc. I have been employed at Shannon & Wilson, Inc. since October 1994. In my current position I supervise junior level wetland biologists, and am instrumental in hiring, training, mentoring and evaluating their performance. From June 1991 through October 1994 I worked as a wetland biologist for Pac Tech Engineering in Tacoma, Washington. Prior to that I worked as a project biologist for Woodward Clyde on the natural resource impacts resulting from the Exxon Valdez oil spill. AR 007702

1. I am over the age of 18, am competent to testify, and have personal knowledge of the facts stated herein. 2. I have been employed by the Department of Ecology (Ecology) since 1979, and for most of that time I have worked in the Water Quality Program. For the last 10 years I have been working on stormwater issues for the Water Quality Program. I have worked on the three primary categories of stormwater management - industrial, municipal and construction. 3. I am familiar with the Stormwater Management Manual for Puget Sound issued by Ecology in February of 1992 (1992 Manual). A revised draft of the manual specific was issued in August of 1999 and then again in August of 2000 (1999 Draft Manual). After AR 007697

1. I am a senior environmental engineer within Ecology's Toxics Cleanup Program. My duties include providing technical assistance to Ecology staff and the general public and development of policies, rules and legislation pertaining to the cleanup of contaminated sites under the Model Toxics Control Act. 2. On June 13, 2001, I received an e-mail from Kevin Fitzpatrick of Ecology's Water Quality Program in which Mr. Fitzpatrick asked if I could provide recommended language addressing terrestrial ecological risk for use in the Clean Water Act § 401 Certification being developed for the Port of Seattle's Third Runway project. I responded to Mr. Fitzpatrick regarding his request on June 27, 2001. A copy of Mr. Fitzpatrick's e-mail and my response are attached hereto as Exhibit 1. AR 007691

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 Section Manager employed by the Department of Ecology (Ecology) in the Northwest Regional Office in the Water Quality Program. I have held that position since February 18, 2001. Prior to becoming Section Manager, I was employed as the Industrial Permit Unit Supervisor at Northwest Regional Office in the Water Quality Program. I have assisted in Ecology's review of the Port of Seattle's (Port) SeaTac International Airport (STIA) Master Plan Update Improvement Projects, including the Third Runway for the past three years. I am familiar with the claims raised and the issues presented in this case. AR 007683 DECLARATION OF 1 ATTORNEYGENERALOF WASHINGTONEcologyDivision KEVIN FITZPATRICK ao Box40117 Olympia,WA98504-0117 ORIGINAL FAX(360)586-6760 Water Quality 3. In its memorandum in support of a stay, the Airport Communities Coalition (ACC) contends that the Port's stormwater discharges from the STIA violate state water quality standards. This assertion is not accurate and is misleading. The Port's stormwater discharges from the STIA have exceeded state water quality criteria for copper, lead, and zinc on an instantaneous basis, but those exceedences do not necessarily mean that the Port violated state water quality criteria. Unlike industrial process water discharges, which are relatively constant in volume and content, the nature of stormwater is dynamic. Stormwater discharges fluctuate rapidly and irregularly in volume and in content. A single instantaneous exceedence of a numeric water quality standard in…