TagPollution Control Hearings Board(1531)

A January 2002 letter from law firm Helsell Fetterman, on behalf of the Airport Communities Coalition, raises concerns with the U.S. Army Corps of Engineers about the Port of Seattle's revised construction plans for the Sea-Tac Third Runway. The Port switched from an in-place ground improvement approach to excavating up to three million cubic yards of material beneath the proposed retaining wall, a major change that critics argue could significantly harm Miller Creek and adjacent wetlands. Attached technical comments from GeoSyntec Consultants also identify deficiencies in the Port's geotechnical report and argue the changes undermine the Port's Clean Water Act Section 404 permit application.

Port Of Seattle motion filed January 2002 in PCHB No. 01-160 before the Pollution Control Hearings Board for the State of Washington, opposing Airport Communities Coalition (ACC). Port Of Seattle moves to compel ACC to make designated witnesses available for deposition per the Board’s Prehearing Order of October 30, 2001, and to impose CR 34(b)

Washington State Department of Ecology’s response to Airport Communities Coalition (ACC) motion for summary judgment in PCHB No. 01-160, filed January 14, 2002 before the Pollution Control Hearings Board. Ecology argues that a water right is not required for reasonable assurance that water quality standards will be met under Clean Water Act § 401 Certification.

Airport Communities Coalition (ACC) motion filed in PCHB No. 01-160 before the Environmental Pollution Control Hearings Board for the State of Washington, seeking to extend the discovery schedule against Port Of Seattle and Department of Ecology. ACC requests extension of Port Of Seattle witness deposition deadline from February 1, 2002 to February 25, 2002; final

Airport Communities Coalition (ACC) motion to compel entry upon the Third Runway/Master Plan Update project area filed with the Pollution Control Hearings Board (PCHB No. 01-160) against Department of Ecology et al. ACC seeks an order for access to observe, photograph, and sample soils, wetlands, and streams in the project area. Motion details Port Of

Memorandum dated January 11, 2002, from Michael Bailey P.E. and Barry Chen P.E. of Hart Crowser, Inc. to Jim Thomson P.E. of HNTB Corporation, regarding geotechnical design parameters for Third Runway MSE (Mechanically Stabilized Earth) wall design at Sea-Tac Airport. Document AR 053235-053237 covers minimum factors of safety for static and seismic stability per 1996-2000

Declaration by Michael P. Witek filed in PCHB Case No. 01-160 (Airport Communities Coalition v. State of Washington Department of Ecology and Port Of Seattle) supporting ACC’s motion to compel inspection of Port Of Seattle property and to extend discovery schedule. Document relates to Section 401 Certification No. 1996-4-02325 and CZMA concurrency statement issued August

Proposed order in PCHB No. 01-160 granting Airport Communities Coalition (ACC) motion to compel inspection of Port Of Seattle property. Orders Port Of Seattle to confer with ACC counsel within two days to schedule site visits for ACC experts, counsel, paralegal, and two client representatives to observe, photograph, and sample wetlands, soils, and streams within

Proposed order from the Washington Pollution Control Hearings Board (PCHB No. 01-160) granting Airport Communities Coalition (ACC)’s Motion to Extend Discovery Schedule. Extends time for ACC to depose Port Of Seattle witnesses from February 1, 2002, to February 25, 2002; extends filing of ACC’s final exhibit list from February 8, 2002, to March 1, 2002;

Port Of Seattle motion filed January 11, 2002 in PCHB No. 01-160 before the Pollution Control Hearings Board, State of Washington, seeking to compel Airport Communities Coalition (ACC) to produce all documents responsive to the Port’s Requests for Production propounded November 9, 2001. ACC refused to produce any documents in response to Request for Production