We have argued
in Part IV above that there are numerous critical flaws in the Application that
mandate a denial of the sought-for permit.
Some might suggest that certain of these flaws might be dealt with by
returning the Application for further work, rather than denying the permit
outright. The two areas that logically
suggest themselves for further work are discussed below.
Numerous documents necessary to an
understanding of the Project, and of the Application, are missing. We have detailed these problems in sec. 2.3 infra.
Our discussion of problems with The Wall (sec. 4.6 infra) adds further detail.
If the DOE holds that the missing documents are not so grave a flaw as
to require outright denial of the permit, then the DOE should at the least
return the Application for further work, including a full listing of ALL
relevant documents.
Just as there are numerous missing
documents, there are numerous missing analyses. Again, the discussion of The Wall, sec. 4.6 infra, is suggestive; many additional failings in the analytical
work are detailed in other sections of Part IV. We suggest that the Applicant has had all the time in the world
to do its work correctly, and in fact has already had the benefit of one 'dress
rehearsal', so the appropriate method of dealing with the present situation is
to deny the permit outright.
While it is the view of RCAA that
inadequate analysis is a sufficient ground for outright denial of the permit,
we are aware that others might take a different view, i.e., that the Applicant should be given an opportunity to correct
the flaws in its work. If that is the
view of Ecology, we suggest that a written order be issued, detailing the flaws
to be corrected, & remanding the matter to the Applicant for further
work. Each of the flaws referred to in
Part IV infra needs significant
additional study, new documentation, and the result, of course, should be a new
Notice and a new hearing or hearings.
So much has changed since this matter began in 1989 -- so much has
changed since 1997 -- that the proceeding should start fresh, not as a revised
application.
In
the event that the permit is granted, conditions must be included that will
mitigate the impacts of the project on the surrounding environment. Because of the uncertain scope of the
project, a revised assessment of impacts will be necessary to evaluate a
mitigation program that addresses all of the impacts.
An
independent consultant should perform assessment of mitigation
requirements. If the permit is granted
Ecology and the Corps should require a study to determine the impacts and
recommend a program with associated costs for implementation of the mitigation
program.
Consultation
with the local municipalities and public-education districts must be a
necessary requirement in determining the parameters of the mitigation program.
Another
condition that should be imposed in the event that a permit is issued is the
establishment of an independent team for oversight of both Port construction
activities and the mitigation program recommended by the independent mitigation
study. The Port should provide funding
for this group but the Corps or another body other than the Port must
administer the program. The independent
panel should include representation from the ACC cities and communities.
To
assure that the Port provides adequate mitigation for the project Ecology
should require that the Port fund the mitigation program through a special
account established specifically for the mitigation program.
Certain
issues appear to us be addressed inadequately in the paperwork submitted to
date: Aesthetics; landscaping; security of the newly expanded campus; very
obviously, noise (more requirements are needed to ensure for the impacts of
noise. Insulation of impacted homes);
ground vibration
Most
evident of all is the need for the most stringent conditions to protect water
quality, including mitigation for impacts of increased stormwater flows, which
must be assessed and included in the permit.
We would encourage the DOE to conduct further consultations, if a
permit-grant decision is made, among all interested parties both governmental
and non-governmental, on this point.
There
have been many changes in the Port of Seattle’s proposed third runway project
since the joint public hearing held by the Corps of Engineers and Department of
Ecology in April last year. The
financial, social, and environmental costs of the Project have grown
significantly and show no sign of decreasing.
Since the last application the number of affected wetlands has nearly
doubled yet the Port’s assessment is still incomplete. A proposed gradual earthen embankment has
now changed to a steep 130-foot high wall.
New wetlands are proposed in areas already classified as wetlands. ESA issues must now be addressed.
There
are, however, many issues that have not changed since the Port’s prior
application. Water discharging from
Port property regularly violates federal and State water quality
standards. The Port still is proposing
to use local streams and waters of the state as if they were the Port’s own
storm and wastewater treatment system.
The Port is still requesting a Clean Water Act Section 401 certification
prior to the issuance of water quality criteria for Miller, Walker, and Des
Moines Creeks. Finally, it is still
true that the Port of Seattle has failed to provide any meaningful assessment
of the benefit of the third runway project.
For
the foregoing reasons and the reasons cited in the aforementioned comments, the
the Department of Ecology should deny the Port’s Section 401 Certification
application.
Table
of references including list of documents submitted with comments
Regional
Commission on Airport Affairs (RCAA). September 30, 1999. Letter to Jonathan
Freedman, U.S. Army Corps of Engineers (Included with this submittal)
Stockdale,
Eric. April 19, 1999. E-mail to Tom Luster, Department of Ecology. Subject: SR509 (Included with this submittal)
Stockdale,
Eric. April 13, 1999, e-mail to Tom Luster, Loree Randall re: SR509 and
problems at SeaTac. (Included with this submittal)
Opdyke,
Jeff D. September 1, 1999. Newspaper
article "Alaska Seeks OK on Tool to Beat Fog", Wall Street Journal
(Included with this submittal)
Peat
Marwick/TRA. September 1985. Final Report Seattle-Tacoma International Airport
Master Plan Update. Prepared for the Port of Seattle
Port
of Seattle, February 1996. Final
Environmental Impact Statement for Proposed Master Plan Update Development
Actions at Seattle-Tacoma International Airport (prepared jointly with
Northwest Mountain Region, FAA); 7
volumes, including App's A-H, J-T
(included in Administrative Record by reference in Corps' Public Notice)
Port
of Seattle, May 1997. Final Supplemental Environmental Impact
Statement for Proposed Master Plan Update Development Actions at Seattle-Tacoma
International Airport (prepared jointly with Northwest Mountain Region,
FAA); 3 volumes, including App's A-G d
(included in Administrative Record by reference in Corps' Public Notice)
Shay,
Donald G. 1969. Newspaper article by
Donald G. Shay, Director of Aviation Port of Seattle published in the August
20, 1969 edition of the Highline Times titled "Sea-Tac of the near
Future". (Included with this
submittal)
Harrington,
Patrick. November 10, 1999. Newspaper article "Port board approves money
for Sea-Tac transit project".
Seattle Times (Included with this submittal)
Savelle,
Jon. September 15, 1999. Newspaper Article "Sea-Tac costs worry
airlines", Daily Journal of Commerce. (Included with this submittal)
Port
of Seattle. February 6, 1998. Passenger Facility Charge Application, Appendix
C. (Included with this submittal)
Sea-Tac
International Airport. November 1999. Wildlife Hazard Management Plan,
Seattle-Tacoma International Airport, Revised Draft
Parametrix,
Inc., November 12, 1999. Supplemental
Airport Site Wetland and Stream Analysis
Jewell,
Mark. August 15, 1999. Newspaper article "Air Force take cue from nature to prevent bird-aircraft collisions"
published in the 8/15/99 edition of the Seattle
Times
Port
of Seattle, August 1999. Wetlands Reevaluation Document, Seattle-Tacoma
International Airport Master Plan Update Improvements
Parametrix,
Inc. August 1999. Wetland Functional Assessment and Impact Analysis, Master
Plan Update Improvements Seattle-Tacoma International Airport, Revised Draft
Parametrix,
Inc. August 1999. Wetland Delineation Report, Master Plan Update Improvements
Seattle-Tacoma International Airport, Revised Draft
Parametrix,
Inc. July 1999 Wetland Functional Assessment and Impact Analysis, Master Plan
update Improvements Seattle-Tacoma International Airport, Draft
Parametrix,
Inc. July 1999. Wetland Delineation Report, Master Plan Update Improvements
Seattle-Tacoma International Airport, Revised Draft
Stockdale,
Erik. April 12, 1999. E-mail to Raymond Hellwig, Tom Luster re: Bird Strike
Hazard monitoring at SeaTac (Included with this submittal)
Parametrix,
Inc., November 1999. Biological Assessment, Master Plan Update Improvements
Seattle-Tacoma International Airport. (Received November 17, 1999)
BioAnalysts,
Inc. April 1999. Assessment of Spawning and Habitat in three Puget Sound
Streams, Washington. (Included with this submittal)
U.S.
Geological Survey, September 1998, Organic Compounds and Trace Elements in
Freshwater Streambed Sediment and Fish from the Puget Sound Basin, USGS
Fact
Sheet 105-98 (available on USGS website at http://wa.water.usgs.gov/pugt/fs.105-98/index.html
National
Marine Fisheries Service. August 1996. Making endangered Species Act
Determinations of Effect for Individual or Grouped Actions at the Watershed
Scale. Environmental and Technical Services Division Habitat Conservation
Branch. (Included with this submittal)
U.S.
Fish and Wildlife Service. June 1988.
Effects of Aircraft noise and Sonic Booms on Fish and Wildlife. National
Ecology Research Center, Endangered Species and Ecological Services field
Offices, Refuges, Hatcheries, and Research Centers.
US
Fish & Wildlife Service. 1981.
Pacific Coast Ecological Inventory. Map number, 47122-A1-E1-250
(Included with this submittal)
Poulin,
Rick. November 29, 1999. Letter from Attorney representing Citizens Against
Sea-Tac Expansion (CASE) to U.S. Army Corps of Engineers (Included with this
submittal)
Wingard,
Greg. November 9, 1999. Discharge
Monitoring Reports (DMRs) 1996 to 1999, Revised. Memorandum to Al Furney
(Included with this submittal)
Parametrix,
Inc., November 1999. Preliminary
Comprehensive Stormwater Management Plan Master Plan Update Improvements
Seattle-Tacoma International Airport
Parametrix,
Inc., November 1999. Preliminary Comprehensive Stormwater Management Plan
Technical Appendix A Master Plan Update Improvements Seattle-Tacoma International
Airport
Parametrix,
Inc., November 1999. Preliminary Comprehensive Stormwater Management Plan,
Technical Appendices (Revised November 8, 1999) Master Plan Update Improvements
Seattle-Tacoma International Airport
Wingard,
Greg. October 7, 1999. Concerns related to the operation of the SeaTac Airport
relative to their NPDES permit and related Ecology 401 Certification/CZM
consistency determination activities. Letter to Mr. Kevin Fitzpatrick, Permit
Section Manager, Department of Ecology (Included with this submittal)
Port of Seattle, September 1999. Annual Stormwater Monitoring
Report for SeaTac International Airport, for July 1,1998 through June 30, 1999 (Included with
this submittal)
Cosmopolitan
Engineering Group, August 1999. Dissolved Oxygen Deicing Study, Seattle-Tacoma
International Airport (Included with
this submittal)
Port of Seattle. Discharge
Monitoring Reports (DMRs) for April, June, and July 1999 (Included with
this submittal)
Port of Seattle. September
1, 1999 letter to Kevin Fitzpatrick, Department of Ecology, discussing acute
toxicity for outfall SDN-1 (Miller Creek outfall) (Included with
this submittal)
Parametrix, Inc. July
1999. Toxicity Evaluation of Outfalls 002 and 006 to Daphnia pulex and Pimephales
promelas, Final Report (Included with this submittal)
Port of Seattle, Discharge Monitoring Report (DMR) submittal
schedule for March 1, 1999 through February 28, 2000, and submittal schedule
for March 1, 2000 through the life of the NPDES permit. Documents dated 6-29-99.
Also attached DMRs for May, 1999 (Included with this submittal)
Hellwig,
Ray. April 19, 1999. E-mail to Tom Luster and DOE staff re: Port of Seattle
Water Quality Permit Discussions (Included with this submittal)
Luster,
Tom. April 12, 1999. E-mail to Ray Hellwig and DOE staff re: Department of
Ecology and Port of Seattle 401 Water Quality Permit Discussions (Included with
this submittal)
Fitzpatrick,
Kevin. May 14, 1999. E-mail to Tom Luster and DOE staff re: Updated 401 Permit
Matrix (Included with this submittal)
Fitzpatrick,
Kevin. March 8, 1999. e-mail to Tom Luster, Department of Ecology discussing
compliance of stormwater discharges with state surface water quality standards
(Included with this submittal)
Port of Seattle, November 1998, Annual Stormwater Monitoring
Report for SeaTac International Airport, for June 1,1997 through June 30, 1998 (Included with
this submittal)
Department
of Ecology. October 9, 1998. 401
Certification for the Sea-Tac International Airport Master Plan Improvements -
September 28, 1998 Submittal Review.
Letter from Lisa Zinner, Water Quality Section, Department of Ecology,
NW Regional Office, to Tom Luster, Department of Ecology. (Included with this
submittal)
Department
of Ecology. July 15, 1998. 401 Certification for the Sea-Tac International
Airport Master Plan Improvements - Stormwater Issues. Letter from Lisa Zinner,
Water Quality Section, Department of Ecology, NW Regional Office, to Tom
Luster, Department of Ecology. (Included with this submittal)
Aquatic Research Inc., Document date June 8, 1998, Lab sheets for
stormwater discharge samples from May 1998 (Included with this submittal)
Aquatic Research Inc. Document date June 5, 1998, Lab sheets for
stormwater discharge samples from May 1998 (Included with this submittal)
Port of Seattle. June 1997.
Storm Water Receiving Environment Monitoring Report for NPDES Permit No.
WA-002456-1, Vol.1 (Included with this submittal)
Wingard,
Greg. October 20, 1999. Sea-Tac Airport Waste Handling and MTCA. Letter to Mr.
Roger Nye, Department of Ecology (Included with this submittal)
Nye,
Roger. May 21, 1999. E-mail re: 3rd Runway Clean Fill Criteria
(Included with this submittal)
Furney,
Allan M., July 11, 1998. Model Toxic Control Act (MTCA) issues at Sea-Tac
Airport - Document Review (Included with this submittal)
Port
of Seattle. November 17, 1997. Commission Agenda, Attachment A, background
information and analysis of issues in the Aircraft Fuel System Study
(Port Document no.'s 0058913 through 0058923)
Department
of Ecology, January 1997."Known Contaminated Sites at STIA", Appendix
1, page 2 of Agreed Order #97TC-N122 (Included with this submittal)
Argus. January 1997. Aircraft Fuel System Study
Seattle-Tacoma International Airport. Prepared for Port of Seattle and Airlines
Fuel Committee. Final Report (Executive Summary Included with this submittal)
Department
of Ecology, August 30, 1995. Comments, Third Runway EIS for SeaTac
Airport. Letter from Roger Nye,
Department of Ecology to Nancy Groves,
Department
of Ecology. October 15, 1992. Letter to Ms. Barbara Stuhring from Joseph M.
Hickey, Tanks Unit Supervisor, Toxics Cleanup Program, Department of Ecology
(Included with this submittal)
AGI
Technologies, 22 January 1999.
Geotechnical Design Recommendations, Phase I Embankment Construction,
Third Runway Project, Sea-Tac International Airport, SeaTac, Washington. Prepared for HNTB Corporation.
Department
of the Army, U.S. Army Corps of Engineers, Seattle District Office. November
16, 1999, "News Release - Documents available for review regarding Sea-Tac
3rd Runway permit application" (Received by commenter on 19
November 1999)
Department
of the Army, U.S. Army Corps of Engineers, Seattle District Office. September
30, 1999. Public Notice
Luster,
Tom. July 27, 1999. Review of Port of Seattle reports - proposed wetland
delineation/Functional Assessment, Natural Resource Mitigation Plan, and
Retaining Wall Design Report. Memo to Ray Hellwig, Paula Ehlers (Included with
this submittal)
Port
of Seattle, July 16, 1999. 401/402 Discussion Paper for STIA. Draft - For
Discussion Purposes Only (Included with this submittal)
Ehlers,
Paula. June 13, 1999. Re: SeaTac- Comments on May 17th mtg. E-mail to Tom Luster, Hellwig, Raymond
(Included with this submittal)
Luster,
Tom. June 13, 1999. E-mail to Paula Ehlers. Hellwig, Raymond re: Comments on
May 17 meeting (Included with comments)
Department
of Ecology. May 19, 1999. Ecology - Port of Seattle Meeting Messages (Included
with this submittal)
Department
of Ecology. May 17, 1999. SeaTac Third Runway Project Meeting - Draft Meeting Summary (Included with this
submittal)
Hellwig,
Ray. May 12, 1999. E-mail to Tom Luster re: airport - related article (Included with this submittal)
Harrington,
Patrick. November 10, 1999. Newspaper article, "Port board approves
money for Sea-Tac transit project", Seattle Times, November 10,1999,
Hellwig,
Ray. April 2, 1999. E-mail re: April 1 coordination meeting between Department
of Ecology and Port of Seattle (Included with this submittal)
Luster,
Tom. March 26, 1999. E-mail to DOE staff (Fitzpatrick, Hellwig, Raymond,
Ehlers, Kenny, Stockdale, Bolender) concerning March 25 meeting with Port of
Seattle (Included with this submittal)