TagPollution Control Hearings Board(1532)

CASE (Citizens Against Sea-Tac Expansion) response brief filed January 16, 2002 in PCHB No. 01-160, concurring with ACC’s (Airport Communities Coalition) Motion for Summary Judgment regarding the absence of a water right for the Third Runway Section 401 Certification. The brief argues Port Of Seattle must obtain a water right to implement low streamflow conditions,

Letter dated January 15, 2002 from Peter J. Eglick of Helsell Fetterman LLP to Hon. Kaleen Cottingham, Presiding Officer of the Pollution Control Hearings Board, in PCHB No. 01-160, ACC v. Dept. of Ecology and Port Of Seattle. ACC opposes Port Of Seattle’s emergency request for status conference, arguing it is premature pending ACC’s response

Port Of Seattle memorandum filed January 14, 2002 in PCHB No. 01-160, opposing ACC’s Motion for Partial Summary Judgment on the issue of whether a water right is required for the Third Runway § 401 Certification stormwater management system. Port argues no water right has ever been required to manage stormwater in Washington under NPDES

Attorney Kevin Stock of Helsell Fetterman transmits GeoSyntec Consultants’ technical comments to the U.S. Army Corps of Engineers regarding Hart Crowser’s November 2001 Geotechnical Summary Report for the Port of Seattle’s Third Runway project. GeoSyntec identifies that the Port has radically changed its construction approach, opting for excavation of up to three million cubic yards

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