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Rachael Paschal Osborn attorney at law

(Address omitted)

February 15, 2001

U.S. Army Corps of Engineers

Regulatory Branch

PO Box 3755

Seattle, WA 98124

Attn: Jonathan Freedman, Project Manager

Washington State Department of Ecology

Shorelands & Environmental Assistance Program

3190 – 160^th Ave. S.E.

Bellevue, WA 98008-5452

Attn: Ann Kenny, Environmental Specialist

Re: Port of Seattle, Ref. No. 1996-4-02325

Dear Mr. Freedman and Ms. Kenny,

This letter comprises comments regarding water resource elements of the Port of Seattle’s application for a Section 401 certification and Section 404 permit for the proposed Third Runway Project and associated construction. These comments are submitted on behalf of Airport Communities Coalition, composed of the Cities of Burien, Des Moines, Federal Way, Normandy Park, Tukwila, and the Highline School District. These communities are vitally concerned with the health of the streams and watersheds located within their communities. They object to any approval by the Department of Ecology of the Port’s proposal that does not provide verifiable, real assurance that local streams, water quality, and the fish and wildlife dependent on them will be maintained and protected.

The analysis contained in this letter is pertinent to your upcoming decision regarding the Port’s application for a Section 401 certification. The Port admits that activities associated with the Third Runway construction proposal will reduce late summer flows in the three stream systems that surround Sea-Tac International Airport. Supplement to Biological Assessment, p. 2 (Parametrix Dec. 2000). Impacted streams are already degraded for flow-related water quality parameters such as temperature and dissolved oxygen. Sea-Tac Runway Fill Hydrologic Studies Report (Pacific Groundwater Group, June 19, 2000). These flow reductions and associated water quality impacts, if not addressed, would be inconsistent with state certification and approval. These issues must be resolved before 401 certification may issue.

These comments focus in particular on the low streamflow mitigation proposal submitted by the Port, and associated water right requirements. In sum, the Port: (1) does not provide a credible analysis of the impacts of its proposal on base flows in Miller, Walker and Des Moines Creeks, (2) does not provide a certain method by which those impacts will be mitigated, and (3) does not address legal requirements under the state water code. Moreover, the Port’s proposals for alleviating stormwater impacts and peak flow damage will themselves contribute to low flow problems. As a consequence, the Port’s proposal provides no basis for a finding of reasonable assurance that water quality standards will be met.

Set forth below is information relating to the water quality and beneficial use problems that must be mitigated by the Port, a review of the various options for streamflow aug