TagPollution Control Hearings Board(1507)

On March 7, 2002, Ecology produced its pre-filed direct testimony, including testimony from Ecology's Dave Garland. In his pre-filed testimony, Mr. Garland states that, "Most recently, I reviewed PGG's 1updated modeling of the embankment for the December 2001 Low Stream Flow Analysis and Summer Low Flow Impact Offset Facility Proposal submitted by the Port of Seattle. The results of my reviews have been documented in memos to Ann Kenny and others dated March 9, 2001, May 5, 2001, August 7, 2001, and March 6, 2002." Garland Pre-21 filed Testimony at ¶ 4 (emphasis added). Mr. Garland's Testimony then goes on to discuss and AR 002338 ' Pacific Ground Water Group ("PGG") is the consultant used by the Port of Seattle to prepare an embankment model for the Port's December 2001 Low Stream Flow Analysis and Summer Low Flow Impact Offset Facility Proposal. ORIGINALHELSELLAPPELLANTS'MOTION IN LIMINE TO F ET T E R M A N EXCLUDE TESTIMONY FROM DAVE GARLAND - 1 ALimitedLiability Partnership 1500PUGETSOUNDPLAZA P.0.BOX21846 SEATTLE,WA 98111-3846 PH:(206)292-1144 express his opinions regarding the Port's new December 2001 Low Flow Analysis, and to reply to criticisms of the plan by ACC's Dr. Lucia. ld. at ¶¶ 11-15; 16-19. This was the first indication ACC had that Mr. Garland reviewed, prepared a report on, and would be testifying concerning the December 2001 Low Flow Analysis, despite repeated, specific inquiries to Ecology as to whether Mr. Garland would give such testimony. Ecology's inexcusable failure to identify or produce Mr. Garland's March 6 Low…

Integration of HSPF Model with Hydrus and Slice Models ............................ 3 Calibration .................................................................................................................... 4 Miller Creek Low Streamflow Calibration ...................................................... 5 Walker Creek Low Streamflow Calibration ..................................................... 6 AR 002320 PREFILED TESTIMONY OF JOSEPH BIL&SCI-IE 0 R I GIN s._._o,o ._ PAGE i SEATTLE, WA 98101 (206) 292-6300 Page2 Low Streamflow Analysis ............................................................................................ 9 Determination of Low Streamflow Periods ..................................................... 9 Determination of Existing Summer Low Streamflows .................................... 9 Embankment Modeling ................................................................................................ 9 HSPF Input and Runoff Calculations ............................................................. 10 Effective Recharge ......................................................................................... 11 Incorporation of Hydrus/Slice into HSPF Models ..................................................... 12 Miller Creek ................................................................................................... 12 Walker Creek ................................................................................................. 139 Results of Analysis ..................................................................................................... 14 AR 002321 PREFILED TESTIMONY OF JOSEPH BRASCHER BROWN REAVIS & MANNINGPLLC PAGEii 1191SECONDAVE.,SUITE2200 SEATTLE,WA 98101 (206) 292-6300 1. I have personal knowledge of the facts stated in this testimony and would be competent to testify to those facts. BACKGROUND Current Position and Experience 2. I have been employed by AQUA TERRA Consultants for almost nine years, since May 1993. My responsibilities with the firm currently include, project management, hydrologic analysis and computer programming, in addition to management of the Olympia satellite office. Prior to beginning my employment with AQUA TERRA, I was employed by the City of Olympia Surface Water Department as temporary technician from June 1991 until April 1993. My duties included hydrologic model review and model application. From May 1992 until April 1993, I worked for the Thurston County Water and Waste Management division, where my duties included hydrologic model review and model…

JAMES C. KELLEY, PH.D.- ii 1111 Trllnl_ AVENUE, SUITE 3400 SEATTLE, WASHINGTON98101-3299 206-447-4400 5o3,o 33.o AR 002290 1. Professional Qualifications. I am a professional ecologist employed by Parametrix, Inc., an engineering and environmental consulting firm. My educational background includes a Doctoral of Science degree (1985) from the Fisheries and Wildlife Department at Michigan State University where my studies focused on aquatic ecology. I have a Master of Science degree from the Department of Botany and Plant Pathology (1980) at Michigan State University where my studies focused on plant ecology and plant taxonomy. My Bachelor of Science is from the Botany Department (1978) at the University of Vermont. I have completed postdoctoral research at the University of Mirmesota-Duluth (1985-1987), where I studied wetland and riparian processes. 2. In 1997, I served on the Riverine Assessment Team and Depressional Assessment Team to help develop Methods for Assessing Wetland Function Volume I Riverine and Depressional Wetlands in the Lowlands of Western Washington (Ecology Publication #99-115). I have professional training and practical experience in the planning, design, implementation, and maintenance of constructed wetlands for water quality treatment, and have completed treatability studies that evaluate the ability of constructed wetland systems to remove excess metals from surface water. I have developed and implemented wetland restoration plans as part of sediment remediation (including dredging, capping, and natural recovery) actions. I have prepared over a dozen presentations and publications on wetland ecology and related topics, which are included with my resume attached as Exhibit A. 3. Familiarity…

Respondent Port of Seattle hereby submits the attached errata pages to the Prefiled Testimony of James C. Kelley, Ph.D., and the Prefiled Testimony of Joseph Brascher. With respect to the testimony of Dr. Kelley, three pages contained typographical errors that required correction. Redlines of those three pages are attached to this pleading. A corrected version of Dr. Kelley's testimony is provided with this pleading (an original plus three copies). The Port requests that the Board substitute the corrected testimony for the testimony currently in the Board's witness binders with the exception of the exhibits to Dr. Kelley's testimony, which was unchanged. With respect to the testimony of Mr. Brascher, the final two lines of paragraph 39 of Mr. Brascher's testimony were inadvertently omitted, because different computer systems paginated the testimony differently. A copy of the revised page for Mr. Brascher's testimony, which includes the two omitted lines from paragraph 39, is attached to this pleading. As with Dr. Kelley's testimony, a corrected version of the Mr. Brascher's testimony (original and three copies) is provided for the Board's convenience. The Port requests that the Board substitute the attached ERRATUM TO PREFILED TESTIMONY OF JAMES C. KELLEY, FOSTER PEPPER _' SHEFELMAN PLLC PH.D. AND PREFILED TESTIMONY OF JOSEPH BRASCHER - 1 1111Tram)AVENUE, SUITE3400 SEATTLE, WASHINGTON 98101-3299 50312963.01 ORIGINAL ,o.4,ooAR 002283 corrected testimony for the prefiled testimony in the Board's witness books, with the exception of the exhibits to Mr. Brascher's testimony, which are unchanged. Respectfully submitted this 14thday of March, 2002. PORT…

Pursuant to paragraph 5 of the Board's Third Pre-Hearing Order, Port of Seattle hereby identifies the anticipated order of Port of Seattle witnesses that will appear at the hearing on the merits in this action. 1. Elizabeth M. Leavitt 2. Keith Smith 3. Charles S. Wisdom, Ph.D. 4. Donald E. Weitkamp, Ph.D. 5. Paul S. Fendt, P.E. 6. Steven J. Swenson 7. Joseph Brascher 8. Charles Ellingson 9. Michael Riley, Ph.D. PORT OF SEATTLE'S ANTICIPATED FOSTER PEPPER _' SHEFELMAN PLLC ORDER OF WITNESSES - 1 1111THIRDAVENUE, SUITE3400 ORIGINAL ,o,,,o:o.o, ,-- AR 002281 10. Elizabeth Clark 11. John J. Stnmk 12. James C. Kelley, Ph.D. 13. Jan L. Cassin, Ph.D. 14. Michael Cheyne 15. William A. Stubblefield, Ph.D. 16. Michael Bailey, P.E. DATED this 14th day of March, 2002. PORT OF SEATTLE Linda J._Str6ut, Generfii Counsel, WSBA No. 9422 Traci M. 13oodwin, Senior Port Counsel, WSBA No. 14974 FOSTER PEPPER & SHEFELMAN PLLC _"'Z7 gl._ _¢__.,,C-e9_La, Roger N. Pearce, WSBA No. 21113 Steven 13.Jones, WSBA No. 19334 MARTEN & BROWN LLP Jay J. _ii_g, WSBA No. 13579 13illis E. Reavis, WSBA No. 21451 PORT OF SEATTLE'S ANTICIPATED FOSTER PEPPER _' NHEFELMAN PLLC ORDER OF WITNESSES - 2 1111 THIRDAVENUE, SUITE3400 SEATTLE,WASHINGTON98101-3299 206-447-4400 5o3,3o_o.o, _-, AR 002282

v. ) MOTION IN LIMINE TO EXCLUDE ) LATE-PRODUCED PLANS AND STATE OF WASHINGTON, ) REPORTS 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 Late Filed Plans and Reports is GRANTED. 2. Respondents proposed Exhibit No. 1320 (the Embankment Modeling Report) and21 proposed Exhibit No. 2055 (the Supplemental Wetlands Technical Memorandum) are excluded. 3. The additional untimely plans and reports identified by Appellants (Exhibit Nos. 1026, 1300, 1303, 1310, 1311, 1312, 1314, 1315, 1319, 1321, 1322, 1323, 2051, 2056, and 2128 are excluded. PCHB 01-160 HELSELL FETTERMAN LLP Rachael Paschal Osborn ORDER GRANTING APPELLANTS' MOTION IN LIMINE 1500Puget Sound Plaza Attorney at Law _._ttle, WA 98101-2509 Spokane,WA 99201 AR 002276 4. Respondents may not rely on any of the excluded exhibits, or testify regarding them at the1 heating. 5. Portions ofpre-filed testimony relying upon these exhibits are striken. 6. Within seven days of entry of this Order, Appellants will indicate to the Board the portions ofpre-filed testimony that should be stricken. SO ORDERED this day of ., 2002. POLLUTION CONTROL HEARINGS BOARD KALEEN COTTINGHAM, Presiding ROBERT V. JENSEN, Member WILLIAM LYNCH, Member Presented by: HELSELLFETTE A P Peter J. Eglick,…

an agency of the STATE OF WASHINGTON; ) AIRPORT COMMUNITIES COALITION; and ) CITIZENS AGAINST SEA-TAC EXPANSION, ) l ) Respondents, ) l ) v. ) ) PORT OF SEATTLE, a port district of the ) State of Washington, ) ) Respondent Below. ) TO: All Parties above named; AND TO: Linda J. Strout, General Counsel, and Traci M. Goodwin, Senior Port Counsel; AND TO: Roger Pearce, and Steven Jones of Foster Pepper & Shefelman; AND TO: Jay Manning and Gillis Reavis of Martin Brown LLP;2 AND TO: Jean M. Wilkinson, Assistant Attorney General;2

On March 12, 2002, at 1:30 p.m., an evidentiary hearing was held for the purpose of addressing the admissibility of exhibits to be introduced in the upcoming hearing on the above noted appeal. Eric Z. Lucas, Administrative Appeals Judge, presided for the Board. The parties were represented by Kevin Stock and Michael Witek (for ACC), Rick Poulin (for CASE), Steve Jones (for the Port) and Jeff Kray (for Ecology). Cindy L. Ide provided court-reporting services. The following reflects the decisions made after hearing from all parties: 1. Lead Attorney The Board requested that a lead attorney be assigned by each party for the examination of a particular witness. All parties agreed to this procedure and indicated that it is their standard practice. PCHB No. 01-160 1 EVIDENTIARY HEARING ORDER AR 002268 2. Order of Witnesses The Board requested that appellants indicate, in advance of the March 14, 2002 submission, their witness order for the first two days of the heating. Appellants agreed to email this information to the Board the morning of March 13, 2002. 3. Exchange of Exhibits The presiding officer inquired whether all exhibits had been exchanged that were objected to for failure to be included on the February 20, 2002 exhibit list. Generally, the response was affirmative that the exhibits subject to that specific objection had been exchanged. However, a complaint was lodged concerning other documents that were not disclosed by the deadline. 4. Motion in Limine The presiding officer inquired whether the parties contemplated filing any…

PORT OF SEATTLE, a port district of the State of Washington, NO. 02-2-25658-9 SEA Petitioner, DECLARATION OF KEVIN L. STOCK IN v. RESPONSE TO PORT OF SEATTLE'S APPLICATION FOR DIRECT REVIEW THE POLLUTION CONTROL HEARINGS

8. Patrick Lucia _ _ i i _/_ L ACC'S AND CASE'S ANTICIPATED ORDER OF HELSELL FETTERMAN LLP Rachael Paschal Osbom WITNESSES - 1 1500 Puget SoundPlaza Attorney at Law o 1325 Fourth Avenue 2421 West Mission Ave. Seattle, WA98101-2509 Spokane, WA99201 9. Greg Wingard 10. Dan Swenson 11. George Schlender 12. Bob Barwin fi 13. Douglas Rushton 14. Edward Kavazanjian7 15. Peter Willing 16. John Strand In addition, ACC reserves the fight to call by live testimony or by deposition Ecology witnesses designated in ACC's Amended Notice to Attend Trial in the event Ecology fails to call such designated wimesses. DATED this _ day of March, 2002. HELSELL FETTERMAN LLP " -g@ By: ter-J. Eglick, _SBA#8809 " "- -'- _'___e.te_nJLEsg_ock,WSBA #14541 ;h810sborn Michael P. Witek, WSBA #26598 Attomey for Appellant ACC Attomeys for Appellant ACC SMITH & LOWNEY By: J_ R/hard A. Poulin, WSBA #27782 V ,Attorneys for Appellant CASE24 AR 002265 g:lu_accpchbwimesses-order.doc ACC'S AND CASE'S ANTICIPATED ORDER OF HELSELL FETTERMAN LLP Rachael Paschal Osbom WITNESSES - 2 1500 Puget Sound Plaza Attorney at Law 1325 Fourth Avenue 2421 West Mission Ave. Seattle, WA 98101-2509 Spokane, WA 99201 ENVIRONMENTAL a HEARINGSOFFICE POLLUTION CONTROL HEARINGS BOARD FOR THE STATE OF WASHINGTON AIRPORT COMMUNITIES COALITION ) And CITIZENS AGAINST SEA-TAC ) No. 01-160 EXPANSION, ) ) CERTIFICATE OF SERVICE Appellant, )