TagPollution Control Hearings Board(1507)

a AIRPORT COMMUNITIES COALITION, ) No. 01-133 , :,_LA_;.INGS OFF!C ) No. 01-160 Appellant, ) ) DECLARATION OF ROBERT5 v. ) OLANDER IN SUPPORT OF ACC'S ) MOTION FOR STAY STATE OF WASHINGTON, ) DEPARTMENT OF ECOLOGY; and ) (Section 401 Certification No. THE PORT OF SEATTLE, ) 1996-4-02325 and CZMA concurrency ) statement, issued August 10, 2001, Respondents. ) Reissued September 21, 2001, under No. ) 1996-4-02325 (Amended- 1)) Robert Olander declares 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 City Manager of the City of Des Moines and have served in that position since15 February of 1996. Prior to that I served as Assistant City Manager for the City of Des Moines from February of 1988. In those capacities I, I have followed and participated in proceedings of the Puget Sound Regional Council concerning airport planning. I served as a member of the Puget Sound Regional Council (PSRC) Advisory Committee charged with studying sites for a supplemental airport for the Puget Sound Region, I participated in PSRC meetings, read PSRC documents and reports on airport issues and testified before the PSRC on airport issues.22 3. I have reviewed the Declarations of Gina Marie Lindsay and related submissions by the Port to the Board, as well as the Port's Memorandum Opposing ACC's Motion for Stay, concerning DECLARATION OF ROBERT OLANDER IN HELSELLFETTERMANLLP Rachael Paschal Osborn SUPPORT OF ACC'S MOTION FOR STAY…

Sally Nelson declares and states 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 the Mayor of the City of Burien, Washington. Burien is vitally interested in the Department of Ecology's Section 401 Certification for the Port of Seattle's airport projects. For example, over fifty percent of the Miller Creek drainage basin is within our city's boundaries.19 Burien devotes considerable resources to protection and enhancement of area streams and watersheds. The headwaters of Walker Creek, a tributary of Miller Creek which provides low summer flow for salmon habitat in Walker and Miller Creeks, are located within our city's boundaries. DECLARATION OF SALLY NELSON - 1 HELSELLFETTERMANLLP RachaelPaschalOsborn 1500 Puget Sound Plaza Attorney at Law 1325 Fourth Avenue 2421 West Mission Avenue Seattle. WA 98101-2509 Spokane, WA 99201 ORIGINAL 3. Because of our concern that the Ecology decision is not well-founded, Burien, as a member of the Airport Communities Coalition, is asking the Pollution Control Hearings Board to

v. ) LUSTER IN SUPPORT OF STAY ) STATE OF WASHINGTON, ) (Section 401 Certification No. DEPARTMENT OF ECOLOGY; and ) 1996-4-02325 and CZMA concurrency9 THE PORT OF SEATTLE, ) statement, issued August 10, 2001, ) Reissued September 21, 2001, under No. Respondents. ) 1996-4-02325 (Amended-l)) ) Tom Luster declares 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 responding to the briefs and declarations provided by Ecology and the Port of Seattle in response to the ACC's request for a stay of certification that the proposed project will meet water quality standards.19 3. I have reviewed several recent documents relevant to the 401 review and certification, including the certifications issued by Ecology in August and September, 2001, the July 2001 low flow analysis (Low Flow Plan), the December 2000 Stormwater Plan (including all July 2001 replacement REPLYDECLARATION OF TOM LUSTER IN HELSELL FETTERMAN LLP RachaelPaschalOsborn SUPPORT OF STAY - 1 15o0Puget SoundPlaza Attorney at Law 1325Fourth Avenue 2421West Mission Avenue Seattle. WA98101-2509 Spokane, WA99201 ORIGINAL A.oo,o pages), and the August 2001 Cumulative Impacts Study. I have also reviewed briefs, declarations, and accompanying documents related to the above-referenced appeals. 4. My primary concern in this matter is the 401 certification issued for this proposed project is based largely on speculation rather than the required "reasonable assurance" standard. The decision to certify the proposed project is clearly not based on a "preponderance of evidence"…

FOR THE STATE OF WASHINGTON E1,,I/fP, C)IqMENTAL AIRPORT COMMUNITIES COALITION, ) No. 01-133 ) No. 01-160 Appellant, ) ) DECLARATION OF DR. PATRICK v. ) LUCIA IN SUPPORT OF ACC'S ) MOTION FOR STAY STATE OF WASHINGTON, ) DEPARTMENT OF ECOLOGY; and ) (Section 401 Certification No. THE PORT OF SEATTLE, ) 1996-4-02325 and CZMA concurrency ) statement, issued August 10, 2001, Respondents. ) Reissued September 21, 2001, under No. ) 1996-4-02325 (Amended- 1)) Dr. Patrick Lucia declares 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 Civil and Environmental engineer having received my Ph.D. in Civil Engineering. I have over 25 years experience in both consulting and in academia. I am a Principal with GeoSyntec Consultants. During the period of 1984 to 1986 1 was a Visiting Lecturer in the Civil Engineering Department at the University of California at Berkeley, during 1990 to 1991 I was a Senior Lecturer at the University of California at Davis in the Civil Engineering Department. In 1989 1 was an invited lecturer in a USEPA environmental technology transfer program in Korea and in 1995 was an invited lecturer at a NATO Advanced Study Institute on Groundwater pollution Control and22 Remediation in Turkey. I have also been a lecturer for the National Groundwater Association and the DECLARATION OF DR. PATRICK LUCIA IN HELSELL FETTERMAN LLP Rachael Paschal Osborn SUPPORT OF ACC'S MOTION FOR STAY - 1…

1. I am one of the attorneys representing the Respondent Port of Seattle. I have a personal knowledge of the facts set forth in this declaration and would be competent to testify to them if necessary. 2. The Port propounded its first set of Interrogatories and Requests for Production to ACC on November 9, 2001. A copy of those discovery requests is attached to his declaration as Exhibit A. ACC served the Port with its responses and objections to the Port's discovery requests on December 10, 2001. A copy of ACC's objections and responses is attached to the Third Jones Dec. as Exhibit B. 3. Prior to receipt of ACC's objections and responses, I telephoned counsel for ACC, Michael Witek, to inquire if it was possible to negotiate an agreed scope of discovery regarding the production of documents relating to experts. Mr. Witek responded to this inquiry with a request that the Port defer until after ACC had served its objections and responses to the Port's THIRDDECLARATIONOFSTEVENG.JONES- 1 FOSTERPEPPER _' SHEFELMANPLLC 1111 THIP,D AVENUE, SUITE 3400 0RIGINAL SEATTLE, W2;_H4147G440N098101-3299 5o_o_oOl AR 005465 discovery requests, as he believed that those responses might form a basis a stipulation regarding document production with respect to experts. 4. After ACC served its objections and responses to the Port's discovery requests on December 10, I scheduled a conference call with Mr. Witek in order for the parties to attempt to negotiate a mutually agreeable scope of discovery with respect to documents. That call took place…

Senator Julia Patterson, Senator Dow Constantine, Senator Tracey Eide, Representative Shay Schual-Berke, Representative Karen Keiser, Representative Joe McDermott, Representative Erik Poulsen, Representative Mark Miloscia, and Representative Maryann Mitchell declare and state as follows:23 DECLARATION OF PATTERSON, HF.LSF.LLFETTERMAN LLP Rachael Paschal Osborn CONSTANTINE, EIDE, SCHUAL-BERKE, 1500 Puget Sound Plaza Attorney at Law KEISER, MCDERMOTT, POULSEN, 1325 Fourth Avenue 2421 West Mission Avenue MILOSCIA, AND MITCHELL - I Seattle, WA 98101-2509 Spokane, WA 99201 ORIGINAL 1. We are members of the Washington State Legislature. Among us, we have the following committee responsibilities in the Legislature: a a. Senator Julia Patterson, 33rd District: Chair, State and Local Government Committee; Environment, Energy & Water Committee; Labor, Commerce and Financial Institutions Committee; Transportation Committee.6 b. Senator Dow Constantine, 34th District: Vice Chair, Ways & Means Committee; Vice Chair, Judiciary Committee; Natural Resources, Parks & Shorelines Committee; Rules Committee. c. Senator Tracey Eide, 30th District: Vice Chair, Education Committee; Vice Chair, Environment, Energy & Water Committee; Transportation Committee; Rules Committee. d. Representative Shay Schual-Berke, 33rd District: Vice Chair, Healthcare Committee; Appropriations Committee; Education Committee. e. Representative Karen Keiser, 33rd District: Democratic Policy Chair; Appropriations Committee; Education Committee; Financial Institutions & Insurance Committee. f. Representative Joe McDermott, 34th District: Education Committee; Judiciary Committee; State Government Committee. g. Representative Erik Poulsen, 34th District: Co-Chair, Technology, Telecommunications & Energy Committee; Capital Budget Committee; Rules Committee. DECLARATION OF PATTERSON, HELSELL FETTERMAN LLP Rachael Paschal Osborn CONSTANTINE, EIDE, SCHUAL-BERKE, 150o Puget Sound Plaza Attorney at Law KEISER, MCDERMOTT, POULSEN, 1325 Fourth…

v. ) HOCKADAY IN SUPPORT OF ACC'S ) MOTION FOR STAY STATE OF WASHINGTON, ) DEPARTMENT OF ECOLOGY; and ) (Section 401 Certification No. THE PORT OF SEATTLE, ) 1996-4-02325 and CZMA concurrency ) statement, Amended September 21, 2001, Respondents. ) Related to Construction of a Third ) Runway and related projects at Seattle ) Tacoma International Airport) ) Stephen L. M. Hockaday declares 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 have more than 25 years of experience in airport and airspace planning, design, and operations for government, industry and universities. I am a registered professional civil engineer and environmental engineer. I am employed at California Polytechnic State University, San Luis Obispo (Cal Poly), where I am a Professor in the Civil and Environmental Engineering Department. At Cal Poly, I conduct air traffic management research for NASA, focusing on the need for co-ordination between airport arrival and departure runway management functions. DECLARATION OF HELSELL FETTERMAN LLP Rachael Paschal Osborn STEPHEN L. M. HOCKADAY 1500PugetSound Plaza AttorneyatLaw IN SUPPORT OF ACC'S MOTION FOR STAY 1325 Fourth Avenue 2421 West Mission Avenue -1 Seattle, WA 98101-2509 Spokane, WA 99201 ORIGIN4L 3. For four years, I worked for the airspace and navigation division of Eurocontrol, an intemational organisation with 28 member countries that assists in the development and2 harmonisation of the airport and airspace infrastructure in Europe. I was Head of Eurocontrol's airspace and airport…

v. ) IN SUPPORT OF ITS MOTION TO ) COMPEL DEPOSITIONS AND FOR STATE OF WASHINGTON ) LIMITATION ON ENTRY ONTO LAND DEPARTMENT OF ECOLOGY, and ) THE PORT OF SEATTLE, ) lO ) Respondents. ) The Port of Seattle ("Port") submits this memorandum in support of its motion to compel the Airport Communities Coalition ("ACC") to make its identified witnesses available for deposition and to impose limitations consistent with CR 34(b) on any site visit. I. BACKGROUND FACTS On November 26, 2001, ACC served the Port with a request for a site visit pursuant to CR 34(a)(2)) The Port responded to ACC's request for a site visit on December 24, 2001.2 In its response, the Port obj ected to ACC's request because it failed to specify a reasonable time, place and manner for the proposed inspection. The Port noted that ACC had not specified the persons who were to have access to the site, where they were to go, the locations for any sampling or sampling protocols. The Port also objected to granting any access to the airfield. See Jones Dec., Ex. B at 2. In response, on December 28, 2001, ACC's counsel Michael Witek telephoned the Port's counsel, Steven Jones, and suggested that counsel attempt to negotiate some elements of 1A copy of ACC's request is attached to the Second Declaration of Steven G. Jones as Exhibit A A copy of the Port's response is attached to the Second Jones Dec. as Exhibit B. PORT OF SEATTLE'S MEMORANDUM…

The Port of Seattle ("Port"), by and through its counsel of record, moves the Board for an order compelling Petitioners Airport Communities Coalition's ("ACC") to make its identified witnesses available for deposition and to impose limitations consistent with CR 34(b) on any site visit to the Port's property by ACC's witnesses. The Port's motion is supported by a memorandum in support, which has been filed concurrently with the motion. In addition to that memorandum, the Port relies on the Board's Prehearing Order of October 30, 2001, CR 26, CR 34, the Second Declaration of Steven G. Jones and the documents attached to that declaration, and the pleadings and files herein. I. RELIEF REQUESTED ACC has requested a site visit on the Port's property. The Port has responded to ACC's request by stating that it is willing to accommodate a site visit, consistent with the requirements set forth in CR 34. In ongoing negotiations with ACC, the Port has outlined conditions consistent PORT OF SEATTLE'S MOTION TO COMPEL FOSTER PEPPER _d SHEFELMAN PLLC DEPOSITIONS AND TO LIMIT ENTRY ONTO LAND - 1 1111 TItlRDAVrNUr, SUITE3400 SEATTLE,WASmNGTON98101-3299 206-447-4400 ORIGINAL AR 005454 with that rule under which such a visit can take place. ACC has rejected the Port's conditions, and in a move designed to delay the discovery schedule in this matter and ultimately to force a delay in the hearing on the merits, ACC has refused to make any of its witnesses available for deposition until the site visit issue is resolved.…

1. I am one of the attorneys representing the Respondent Port of Seattle. I have a personal knowledge of the facts set forth in this declaration and would be competent to testify to them if necessary. 2. On November 26, 2001, ACC served the Port with a request for a site visit pursuant to CR 34(a)(2). A copy of ACC's request is attached to this declaration as Exhibit A. The Port responded to ACC's request on December 24, 2001, by serving its Responses and Objections. A copy of the Port's response is attached to this declaration as Exhibit B. 3. On December 28, 2001, counsel for ACC, Michael Witek, telephoned me and suggested that counsel attempt to negotiate some elements of agreement regarding the site visit, in anticipation of a later telephone conference between counsel for the parties. In response to this message, I sent Mr. Witek an e-mail that same day, outlining the Port's position on the issue. A copy of my e-mail to Mr. Witek is attached to this declaration as Exhibit C. SECOND DECLARATION OF STEVEN G. JONES - 1 FOSTER PEPPER _4 SItEFELMAN PLLC 1111 THIRDAVENUE,SUITE3400 SEATTLE, WASHINGTON 98101-3299 5029904501 ORIGINAL 206-447-4400AR 005421 4. A telephone conference regarding ACC's request for a site visit was held on January 4, 2001. I represented the Port in that conference; ACC was represented by Kevin Stock and Michael Witek. In that phone conference, Mr. Stock asserted that ACC was entitled to basically unfettered access to the Port's property, without…