TagPollution Control Hearings Board(1507)

quality and the natural environment are enormous... As the Board itself has acknowledged, "To provide the site for the third runway, the Port9 proposes to flU a canyon on the airport's west side with twenty (20) million cubic yards of fill." According to Ecology, this is equivalent to "40 football fields, each stacked 300 feet high with material.,,3 Underneath the 20 million cubic yards of fill, the Port proposes to construct an enormous rock drainfield to "capture" groundwater and transport it downslope in the hope of supporting the streams and wetlands below which would otherwise be starved of water as a result ....... of the massive fill and construction. The Port proposes several retaining walls to support portions of the fill embankments. The largest of these is a monolithic, mechanically stabilized earth (MSE) wall over 150 feet high and approaching one-third of a mile in length. Dubbed the "Great Wall of SeaTac," the Port proposes to construct the MSE wall on soils subject to liquefaction during earthquakes. 2] The proposed Project's potential impact on water quality and resources cannot be overstated. It would impact over 700 acres, create over 300 acres of new impervious surfaces with associated stormwater runoff, fill all or portions of 50 wetlands and permanently impact an additional twelve. If approved, it would obliterate 980 linear feet of fish-bearing stream, Miller Creek, relocating it in a fabric-lined ditch, and fill hundreds of feet of drainage channels in the 1ThisentirebriefgoestoIssue4. Notioe of Appeal CoyACC of Ecology's August 10,…

PORT OF SEATTLE, a port district of the State of Washington, NO. 02-2-25658-9SEA Petitioner, PORT OF SEATTLE'S APPLICATION v. FOR DIRECT REVIEW TO COURT OF APPEALS AND REQUEST FOR THE POLLUTION CONTROL HEARINGS CERTIFICATE OF APPEALABILITY BOARD, an agency of the State of Washington; FROM POLLUTION CONTROL

September 17, 2002 Z Limited Liability Part .... hip Peter.J.E._li.cr,_ Atto_{_NGS OFFICE Mr. Roger Pearce Ms. Joan Marchioro Foster Pepper & Shefelman Mr. Thomas Young 1111 Third Ave., Suite 3400 Mr. Jeff Kray Seattle, WA 98101 Attorney General's Office, Ecy. Division P.O. Box 40117 Olympia, WA 98504-0117 Mr. Gillis Reavis Ms. Linda Strout Mr. Jay Manning Ms. Traci Goodwin Brown Reavis & Manning Port of Seattle 2201 Third Avenue, Suite 320 P.O. Box 1209 Seattle, WA 98101 Seattle, WA 98101 Ms. Jean Wilkinson Assistant Attorney General 1125 Washington St. S.E. P. O. Box 40100 Olympia, WA 98504-0100 Re: ACC VoPCHB, et al., Thurston County Cause No. 02-2-01549-0 Dear Counsel: Enclosed please find a Notice of Assignment/Notice of Status Conference in the above-referenced case, along with a Certificate of Service. We have not yet received a case schedule from the Court. Sincerely, H_N LLP Pel_r J. E_ Enclosure cc: Richard Poulin Kaleen Cottingham, PCHB Presiding Officer M.R. Dinsmore, Executive Director, Port of Seattle Rachael Paschal Osborn AR 000340 g:Xluaccpchbappeal-tcscXcounsel-091702-statconf.doc 1500 PUGET SOUND PLAZA 1325 FOURTH AVENUE SEATTLE, WA 98101-2509 P.O. BOX 21846 SEATTLE, WA 98111-3846 PH:(206) 292-1144 FX:(206) 340-0902 EMAIL: hf@hePsell.com SEP 1 8 2002 ENVIRONMENTAL HEARINGS OFFICE SUPERIOR COURT OF WASHINGTON FOR THURSTON COUNTY Plaintiff/Petitioner, vs. NO. 02-2-01549-0 NOTICE OF ASSIGNMENT/_TAS) Defendant/Respondent. NOTICE OF STATUS CONFERENCE fNTC) TO: THURSTON COUNTY CLERK ATTORNEYS/LITIGANTS PLEASE TAKE NOTICE: 1. That the above-noted case is assigned to: Department 5, The Honorable Judge Richard D. Hicks. 2. That the Status Conference is scheduled for 9:00…

and CITIZENS AGAINST SEA-TAC CASE No. 02-2-01549-0 EXPANSION Petitioner, NOTICE OF APPEARANCE

PI,EASE TAKE NOTICE that without waiver of any defenses or objections under Civil Rule 12, the appearance of Port of Seattle is hereby entered in the above-named action through the undersigned attorneys. You are hereby directed to serve all future pleadings or papers, including process, upon said person, at the address set forth/)below. 1_1/1/ DATED this [_' day of _-'__ ,200223 ¢ _A ,,_u4,4_/_/__25 t nda-J.Strout, WSBA #9422 General Counsel Traci M. Goodwin, WSBA #14974 Senior Port Counsel AR 000332 PORT OF SEATTLE NOTICE OF APPEARANCE- 1 2711ALASKANWAY SEATTLE, WASH., 98111 206-728-3000 FAX 206-728-3205 SEP2 4 7.002 ENVIRONMENTAL HEARINGS OFFICE IN THE SUPERIOR COURT OF WASHINGTON FOR THURSTON COUNTY STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY CASE No. 02-2-01595-3 Petitioner, CERTIFICATE OF SERVICE VS.

2425 Bristol Court SW 2nd Floor • Olympia WA 98502 Mailing Address: PO Box 40117 • Olympia WA 98504-0117 (360) 586-6770 September 18, 2002 Betty J. Gould Clerk of the Court Thurston County Superior Court 2000 Lakeridge Drive SW Olympia, Washington 98502 RE: State of Washington, Dep 't of Ecology v. Pollution Control Hearings Board, et aL Dear Ms. Gould: Enclosed for filing is the Department of Ecology's Petition for Review of Agency Action and Certificate of Service. A check in the amount of$110.00 is enclosed for the filing fee.

8, 2002, by the Port of Seattle (Port). The summary judgment motion asks the Board to enter judgment in favor of the Port on Issue No. 14 relating to the State Environmental Protection Act (SEPA). Issue No. 14 specifically asks "[d]id Ecology and the Port comply with SEPA?" The Board, comprised of Kaleen Cottingham, presiding, and Robert V. Jensen, reviewed and considered the following pleadings and documents, together with all attachments thereto, filed in support and in opposition to the summary judgment motion: 1. Port of Seattle's motion for partial summary judgment on SEPA issue; 2. ACC's and CASE's response to the Port's motion for partial summary judgment; PCHB 01-160 1 ORDER GRANTING SUMMARY JUDGMENT ON ISSUE 14 AR 002384 3. Ecology's memorandum in response to the Port's motion for partial summary judgment on SEPA issue; and 4. Port's reply memorandum supporting motion for partial summary judgment on SEPA issue. Based on this review and being otherwise fully apprised in the circumstances of this case the board enters the following ruling. BACKGROUND ACC and CASE (hereinafter referred to as ACC) have appealed a § 401 water quality certification issued by Ecology. This water quality certification is a necessary pre-requisite to the issuance ofa § 404 dredge and fill permit by the U.S. Army Corps of Engineers. The project at issue is the Port's implementation of its proposed master plan development actions at the Seattle-Tacoma International Airport, including the construction of the third runway. In February 1996, the Port, as the…

the Board to strike the pre-filed written direct testimony of Thomas R. Luster submitted by Appellant Airport Communities Coalition (ACC). The basis for the motion is that the testimony violates the Board's rules of practice. The Board's rule provides: Former employee as an expert witness. No former employee of the department shall at any time after leaving the employment of the department appear, except when permitted by applicable state conflict of interest law, as an expert witness on behalf of other parties in a formal proceeding in which an active part of the investigation as a representative of the department was taken. WAC 371-08-475(7). PCHB No. 01-160 1 MOTION IN LIMINE RE: WAC 371-08-475 AR 002380 The purpose of this rule is, much like the prohibitions on former state employees contained in the State's ethic laws RCW 42.52.080, is to ensure the interests of the state are not compromised after a person has completed his or her state service. The appeal before the Board challenging the validity of the § 401 Certification issued by Ecology was filed on August 23, 2001. Shortly thereafter, on September 12, 2001, the Appellants filed a motion to stay the effectiveness of the § 401 Certification. Appended to their motion for stay was the declaration of Mr. Luster. Appended to the Appellants' reply brief in support of the stay, filed on October 8, 2001, was a second declaration of Mr. Luster. On October 11, 2001, the Appellants' filed their preliminary list of witnesses in which…

v. ) PASCHAL OSBORN IN SUPPORT OF ) APPELLANTS' MOTION IN LIMINE STATE OF WASHINGTON, ) TO EXCLUDE TESTIMONY FROM DEPARTMENT OF ECOLOGY; and ) DAVE GARLAND THE PORT OF SEATTLE, ) ) (Section 401 Certification No. Respondents. ) 1996-4-02325 and CZMA concurrency ) statement, Issued August 10, 2001, Reissued September 21, 2001, under No. 1996-4-02325 (Amended- 1)) Rachael Paschal Osborn declares as follows: 1. I am one of the attorneys for Petitioner Airport Communities Coalition ("ACC"). am over the age of eighteen, have personal knowledge of the matters set forth in this declaration, and am competent to testify thereto.19 2. Attached to my declaration as Exhibit A are true and correct copies of pages 1, 10, 12, and 15 from Department of Ecology's Responses to ACC's Interrogatories and Requests for Production. DECLARATION OF RACHAEL PASCHAL HFISF.LL FETTERMAN LLP Rachael Paschal Osborn OSBORN IN SUPPORT OF APPELLANTS' aso0 PugetSoundPlaza Attorneyat Law MOTION IN LIMINE RE DAVE GARLAND - 1 1325 FourthAvenue 2421 West Mission Avenue Seattle, WA 98101-2509 Spokane, WA 99201 AR 002348 3. Attached to my declaration as Exhibit B is a true and correct copy of Department of Ecology's Supplemental Responses to ACC's Interrogatories and Requests for Production (a Memo from Garland to Ecology counsel). 4. Attached to my declaration as Exhibit C are true and correct copies of transcript pages 25-26 from the January 9, 2002, deposition of Dave Garland. 5. Attached to my declaration as Exhibit D is a true and correct copy of a January…

v. ) MOTION IN LIMINE TO EXCLUDE ) TESTIMONY OF ECOLOGY'S DAVE STATE OF WASHINGTON, ) GARLAND11 DEPARTMENT OF ECOLOGY; and ) THE PORT OF SEATTLE, ) (Proposed) ) Respondents. ) Airport Communities Coalition and Citizens Against Sea-Tac Expansion ("Appellants") having filed a motion to exclude evidence in this matter; the Board, having reviewed the memoranda filed in favor of and in opposition to the motion, and any reply thereto and being otherwise informed, IT IS HEREBY ORDERED: 1. Appellant's Motion In Limine To Exclude Testimony of Ecology's Dave Garland is GRANTED. 2. The Pre-filed testimony of Dave Garland is Excluded. 3. Ecology is barred from offering the testimony of Dave Garland at hearing. AR 002345