TagPollution Control Hearings Board(1507)

Pursuant to the Board's Preheating Order, respondent Port of Seattle identifies the following list of witnesses that it may call and exhibits that it may introduce at the hearing on the merits. I. WITNESSES Respondent Port of Seattle ("Port") submits the following list of potential witnesses who may be called at the hearing in this matter: 1. Paul Agid Port of Seattle Aviation Project Management Group 17900 International Blvd., Suite 301 SeaTac, WA 98188 2. James C. Kelley, Ph.D. Parametrix, Inc. 5808 Lake Washington Blvd. NE, Suite 200 Kirkland, WA 98033-7350 3. William Stubblefield ENSR Toxicology 4303 West LaPorte Avenue ORIGINAL26 Ft. Collins, CO 80521 PORT OF SEATTLE'S WITNESS AND EXHIBIT LIST - 1 FOSTER PEPPER _ SHEFELMAN PLLC 1111 TreaDAVENUE, SUITE3400 SEATTLE, WASHINGTON 98101-3299 206447-4400 ,o,o7,,,.o, AR 003522 4. Donald E. Weitkamp, Ph.D. Parametrix, Inc. 5808 Lake Washington Blvd. NE, Suite 200 Kirkland, WA 98033-7350 5. Paul S. Fendt, P.E. Parametrix, Inc. 5808 Lake Washington Boulevard Northeast Kirkland, Washington 98033 6. Michael Bailey, P.E. Hart Crowser, Inc. 1910 Fairview Ave. E. Seattle, WA 98102-3699 7. Keith R Smith Water Resources Manager Port of Seattle 17900 International Blvd., Suite 402 SeaTac, WA 98188-4236 8. Elizabeth Leavitt Port of Seattle 17900 International Blvd. Seattle, WA 98188 9. Michael Cheyne Port of Seattle Aviation Project Management Group 1006 S. 170th Street P.O. Box 68727 Seattle, Washington 98168 10. Elizabeth Clark 15505 63raSt. Ct. East Sumner, WA 98390 11. John Strunk Associated Earth Sciences Inc. 179 Madrona Lane N. Bainbridge Island, WA 98110…

And CITIZENS AGAINST SEA-TAC ) No. 01-160 EXPANSION, ) ) CERTIFICATE OF SERVICE Appellant, )

As required by the Board's "Order Granting Intervention" dated December 21, 2001, Intervenor Citizens Against Seatac Expansion (CASE) hereby submits its final list of new witnesses and exhibits. WITNESS LIST CASE may call the following as witnesses at the hearing on the merits of this matter. CASE reserves the right to call all witnesses listed by other parties or who have or will submit testimony, written or oral, in this appeal. Kate Rhoads, King County DNR Bob Furstenberg, King County DNR EXHIBIT LIST AR 003518 CASE'S FINAL WITNESS AND EXHIBIT LIST - SMITH& LnWNFY, P.L.L.C. - 23 ] 7 EAST JOHN STREET SEATTLE, WASHINGTON 9B112 FAX (206) B60-4 1 B7 CASE incorporates by reference and may introduce any or all documents listed by any of the parties on their exhibit lists submitted to date. In addition, CASE identifies the following exhibits. 1. Documents relating to construction stormwater monitoring produced by the Port of Seattle in response to a Public Disclosure Act request from Greg Wingard. 2. National Pollutant Discharge Elimination System Waste Discharge Permit No. WA-002465-1, Modification Date May 29, 2001 (NPDES Permit as modified, and Fact Sheet with Addenda). 3. Discharge Monitoring Reports generated by the Port of Seattle and submitted to the Department of Ecology under NPDES Permit No. WA-002465-1. DATED this 20thday of February, 2002. SMITH & LOWNEY, P.L.L.C. _chard A Poulin, Of_ounsel " WSBA # 27782 Attorneys for Intervenor Citizens Against Seatac Expansion certifyunderpenaltyof perjury underthelawsof thestateof Washingtonthat I maileda copyof this documentto all partiesor their…

The Port of Seattle, MOTION FOR PARTIAL SUMMARY JUDGMENT ON SEPA ISSUE Respondents. Roger A. Pearce declares as follows: 1. Identity of Declarant. I am one of the attorneys representing respondent Port of Seattle in this action. I am over the age of eighteen, have personal knowledge of the facts stated in this declaration, and am competent to testify to those facts. 2. Identification of Exhibits. Attached as exhibits to this declaration are true and correct copies of the following appendices from the Final Environmental Impact Statement for Proposed Master Plan Update Development Actions at Seattle-Tacoma International Airport ("FEIS") which was issued by the Federal Aviation Authority and Port of Seattle: • Exhibit A. Appendix P (National Resource Mitigation Plan) to the FEIS. • Exhibit B. Portions of Appendix Q (Water Studies) to the FEIS. • Exhibit C. Portions of Appendix G (Hydrologic Modeling Study) to the FEIS. ORIGINAL DECLARATION OF ROGER A. PEARCE- 1 FOSTER PEPPER _ SItEFELMAN PLLC 1111 THIRD AVENUE,SUITE3400 SEATTLE,WASHINGTON98101-3299 206-447-4400 50308232.01 AR 003214 declare under penalty of perjury under the laws of the state of Washington that the2 foregoing is true and correct. Executed at Seattle, Washington, this 25thday of February 2002.4 DECLARATION OF ROGER A. PEARCE- 2 FOSTER PEPPER _' SHEFELMAN PLLC 1111 TmRI) AVENUE, SUITE 3400 SEATTLE, WASHINGTON98101-3299 206-447-4400 o,o,232.Ol AR 003215 A AR 003216 t APPENDIX P • NATURAl, RESOURCE MITIGATION PLAN AR 003217 © " THIS PAGE INTENTIONALLY LEFT BLANK AR 003218 NATURAL RESOURCE MITIGATION PLAN FOR THE PROPOSED MASTER PLAN…

CITIZENS AGAINST SEA-TAC ) ISSUE No. 20 (GILLIAM CREEK) EXPANSION, ) )

(Board) on March 18-29, 2002. The Board was comprised ofKaleen Cottingham, presiding, Robert V. Jensen, and Bill Lynch. 2. Appellant Airport Communities Coalition ("ACC") was represented by Peter Eglick, Kevin Stock and Michael Witek of Helsell Fetterman; and Rachael Paschal Osborn; Intervenor Citizens Against Airport Expansion ("CASE") was represented by Richard Poulin of

March 18-29, 2002. The Board was comprised ofKaleen Cottingham, presiding, Robert V. Jensen, and Bill Lynch. 2. Appellant Airport Communities Coalition ("ACC") was represented by Peter Eglick, Kevin Stock and Michael Witek ofHelsell Fetterman; and Rachael Paschal Osborn; Intervenor Citizens Against Airport Expansion ("CASE") was represented by Richard Poulin of Smith & Lowney; Respondent Washington State Department of Ecology was represented by Joan22 Marchioro, Thomas Young and JeffKray, Assistant Attorneys General; and Respondent Port of Seattle was represented by Jay Manning and Gillis Reavis of Brown Reavis & Manning, Roger Pearce and Steven Jones of Foster Pepper & Shefelman, and Port Counsel Linda Strout and Traci AR 001159 FINDINGS OF FACT, CONCLUSIONS OF LAW ORI6INAL AND ORDER - 1 Goodwin.1 3. Prefiled written direct testimony was submitted, witnesses were swom and heard, exhibits were introduced, portions of eight depositions were published, and the parties presented arguments to the Board. Based upon the evidence presented, the Board makes the following Findings of Fact and Conclusions of Law. II. STATEMENT OF ISSUES Issue No. 1: Did Ecology violate applicable law pertaining to public and agency notice, hearing, comment and modification regarding the original 401/404 application and Amended Certification?9 Issue No. 2: Does Ecology's concurrence with the Port's consistency certification, issued pursuant to the Coastal Zone Management Act ("CZMA"), fail to comply with the requirements of the CZMA and Washington's approved Coastal Zone Management Plan? Issue No. 3: Do the stated limitations on the temporal, operational, and geographic scope of the Certification, including…

In the Port of Seattle's Motion For Partial Summary Judgment On SEPA Issue, respondent Port of Seattle has requested to Board to enter summary judgment on Issue No. 14 ("Did Ecology and the Port comply with SEPA?"). In its motion, the Port pointed out that, because the jurisdiction of the Board is limited and because the SEPA statute allows only limited types of SEPA appeals, (a) the Board did not have jurisdiction to hear any administrative SEPA appeal of Port actions and (b) the Board did not have jurisdiction to hear any administrative SEPA appeal of Ecology action. Ecology's SEPA action was limited to consideration of SEPA conditions in any case because the Port was the lead agency for SEPA purposes. ORIGINAL AR 003205 PORT'S REPLY MEMORANDUM - 1 FOSTER PEPPER _ SHEFELMAN PLLC 1111 THIRDAVENUE, SUITE3400 SEATTLE,WASmNGTON98101-3299 206-447-4400 50308223.01 The Port's motion also pointed out that the Port has its own agency administrative appeal process which requires an aggrieved party to appeal SEPA issues to the Port's independent Heating Examiner. 1 In this case, the ACC appealed both the Port's Final Environmental Impact Statement ("FEIS") and the Port's Supplemental Environmental Impact Statement ("SEIS"). 2 The Port's Heating Examiner, the King County Superior Court, and the Washington Court of Appeals all found that the FEIS and the SEIS were legally adequate. 3 For Port SEPA decisions that are not administratively appealable, governing Port regulations require an aggrieved party to appeal to Superior Court within 21 days. 4 In this case,…

And CITIZENS AGAINST SEA-TAC ) No. 01-160 EXPANSION, ) ) CERTIFICATE OF SERVICE Appellant, )

The following entry in the Port of Seattle's List of Witnesses and Exhibits contained an error in the dates listed for Item No. 136. The entry under dates should have read Feb. 1999 and April 2000, as well as April 1999. The corrected entry is shown below. All the draft memoranda listed in Item No. 136 have been produced by the Port in discovery and were discussed in the earlier Declaration of Linda Logan filed in this matter. From Exhibit Summary Date 136. Parametrix, Inc. Draft Memorandum to Port of Seattle project files: "Range- April 1999, (L. Logan and finding water-effect ratio results" Feb. 1999, D. Henderson) April 2000 Respectfully submitted this 26th day of February, 2002. PORT OF SEATTLE U_,_ "25 Li " J. _ ,Ge'ne :a Counsel, WSBA No. 9422 Traci M. Goodwin, Senior Port Counsel, WSBA No. 14974 PORT OF SEATTLE'S WITNESS AND EXHIBIT LIST - 1 FOSTER PEPPER _' SHEFELMAN PLLC 1111 Tml_ AVENUE,SUITE3400 SEATTLE, WASHINGTON 98101-3299 206-447-4400 50308664.0! AR 003201 FOSTER PEPPER & SHEFELMAN PLLC Roger _. 15e_ce, WSBA No. 21 113 Steven G. Jones, WSBA No. 19334 MARTEN & BROWN LLP Jay ].(_Ianmng, WSBA No. 13579 Gillis E. Reavis, WSBA No. 21451 AR 003202 PORTOF SEATTLE'SWITNESSANDEXHIBITLIST- 2 FOSTER PEPPER _' SHEFELMAN PLLC 1111 TmRo AVENUE, SUITE 3400 SEATTLE, WASHINGTON 98101-3299 206-447-4400 50308664.01 PCHB111003201 PCHB111003202