RCAA Online Llibrary --Wetlands and Streams

RCAA ONLINE LIBRARY

Wetlands and Streams

Issues in Brief: Sea-Tac Airport was built in an area (now known as ‘Highline') that was originally dotted with small lakes, ponds, peat bogs & other wetlands, and a complex system of salmon-bearing streams, all overlying several aquifers. Drainage is into Puget Sound (west of the Airport). The lowlands were originally heavily wooded. Some lakes, some wetlands, have already been lost to Airport construction. Other wetlands disappeared as the result of early-day farming, or later business or residential construction, in the days before Federal regulation of wetlands. The deepest aquifer is uncontaminated, providing domestic water to near-by cities (including Seattle).

The State considers Highline's streams as Class AA, the highest grade. Much of the streamside habitat is still wooded. The local communities have made huge efforts to preserve & to restore streamside habitat, to protect the estuaries of Miller Creek and Des Moines Creek, to re-stock creeks with fish, &, in general, to protect a natural environment that the entire community cherishes.

See Water Pollution for more information about pollution dumped into local streams.

Documents:

Background

What do streams and wetlands have to do with runways? | [Acrobat version - 20 KB, 3 pages]
Filling wetlands—the approval process | [Acrobat version - 21KB, 3 pages]
Review by Washington State Dept. of Ecology (Section 401) | [Acrobat version - 21KB, 2 pages]
Review by U.S. Army Corps of Engineers (Section 404) | [Acrobat version - 21KB, 2 pages]
Chronology of 2nd Wetlands Application |[Acrobat version - 20KB, 1 page]
Wetlands Resources Map | [Acrobat version - 12.5MB, 1 page]
Embankment Cross Sectional View | [Acrobat version - 24KB, 1 page]
What is the "Dirty Fill Bill" of March 2003? County) [Acrobat file - 447KB, 1 page]
Wetlands Aerial Photo Album 9/25/03 | [Acrobat version - 3.55MB, 38 pages of photos]
Wetlands.com's Wetlands Regulation Center [link]

Miller-Walker Planning Effort Documents

Power Point Presentation March 18, 2004

Miller Basin Map
Miller Water Quality Map
Walker Basin Map
Walker Water Quality Map
Miller/Walker Expected Redevelopment Map
Miller Project Map
Walker Project Map

Section 404 Wetlands Filling Permit

2001
Comments on the Section 401-404 Permit Application

Airport Communities Coalition (Consists of a variety of expert comments, well worth reading)
Regional Commission on Airport Affairs (These are general comments that cover the broad issues, a good introduction)

2002
In December of 2002, the U.S. Army Corps of Engineers issued at Section 404 permit to the Airport. This permit would allow the Port to fill wetlands to create a third runway under certain conditions. The ACC and the Port requested and injuction and it was granted until the U.S. District Court hears an appeal. (See August 2003)

US Army Corps of Engineers Decision on Section 404 Wetlands permit December 14, 2002. This decision was issued in many sections listed below. (Except where noted, the documents below are all in Adobe Acrobat (.pdf) format.

Permit

Related documents:

News Release
Frequently Asked Questions
Special Public Notice Announcing Permit Issuance
Corps' Record of Decision
Appendix A - Index of Comments Received
Appendix B - Section 404(b)(1) Evaluation
Appendix C - Functional Assessment, Impact, and Mitigation Plan Review
Appendix C - Enclosure A
Appendix C - Enclosure B
Appendix C - Enclosure C
Appendix C - Enclosure D
Appendix C - Figure 1 (to enlarge diagram, click on the lower right hand of the diagram. When the button control appears, click on it.)
Appendix C - Figure 2 (to enlarge diagram, do as explained above.)
Appendix C - Tables

Revised Permit Drawings (21 MB, download time will be lengthy)

Revised Permit Drawings (faster web view)

These documents can also be found on the Army Corps site at http://www.nws.usace.army.mil/PublicMenu/Menu.cfm?sitename=REG&pagename=3rd_Runway_final_d38d

12/14/02 Airport Communities Coalition, Prelimary Injunction

12/14/02 Airport Communities Coalition, Complaint For Declaratory and Injunctive Relief

2003

8/2003 Airport Communities Coalition, Motion to Reconsider 8/19/03 Ruling on Section 404 Permit Appeal

8/19/03 Decision, U.S. District Court on ACC, State Attorney General challenge of Armys Corps Section 404 Permit [acrobat.pdf, 4.92 mb, 43 pages]

07/22/03 Brief of Amicus Curiae, Washington State Attorney General in ACC challenge of Army Corps Section 404 Permit [Acrobat.pdf, 573KB, 11 pages]

In December of 2002, the U.S. Army Corps of Engineers issued at Section 404 permit to the Airport. This permit would allow the Port to fill wetlands to create a third runway under certain conditions. The ACC and the Port requested and injuction and it was granted until the U.S. District Court hears an appeal. (See August 2003)

The Section 404 Wetlands Permit, Issued by the Army Corps of Engineers, was appealed by the Airport Communities Coalition to Federal District Court. Judge Barbara Rothstein dismissed the appeal in August, 2003, and ACC filed a Motion to Reconsider in September 2003

2004

ACC Emergency Motion to State Supreme Court
On April 5th, ACC filed an emergency motion for an injunction to stop the Port from placing fill contrary to requirements of the Pollution Control Hearings Board ruling.

ACC Motion and supporting affidavits
Emergency Motion for Injunctive Relief of ACC
Affidavit in Support of Motion-- Peter J. Eglick
Affidavit in Support of Motion--Dyanne Sheldon

Port Response and supporting affidavits
Response of Port of Seattle
Affidavit in Support of Response--Michael Feldman
Affidavit in Support of Response--Robin V. Kordik (This document has an extensive attachments, not reproduced here for technical reasons)
Affidavit in Support of Response--Gillis E. Reavis
Affidavit in Support of Response--John Rothnie

ACC Reply
-Reply
-Declaration in Support of Reply-Peter J. Eglick
-Affidavit in Support of Reply- Dr. Stephen Hockaday

-ACC Supplemental Brief April 30, 2004

ACC Appeal to 9th Circuit Court of Appeals of Section 404 Permit

The new runway would require filling a canyon, now filled with wetlands and crossed by four streams that run through neighboring communities and into Puget Sound. Filling wetlands requires a Section 404 permit, issued by the Army Corps of Engineers. This was appealed to District Court in 2003 (see above).

ACC Appeal
ACC Appeal to 9th Circuit Court of Appeals of Section 404 Permit No.04-35011
Appellant's Motion to Exceed Type Volume Limitation in Appellant's Brief Pursuant Circuit Rule 32-2

RCAA Home Library Portal Background Introduction History, Chronology Charts and Graphs Photo Archive Maps, Flight Tracks Shelf List Purpose, Need, Alternatives Purpose and Need Alternatives Impacts Environ. Impact Statements Community Overview Air Pollution Equity and Cost Shifting Health Impacts on Local Govt's Noise Residential Impacts Social Changes Schools Water Pollution Wetlands and Streams Construction, Engineering Issues The Embankment Fill Other Elements Earthquake Risks Economics Rising Costs Costs Omitted Indirect Costs Comparable Projects Dumb Idea at Any Price Port Spin RCAA Newsletters Latest Edition Newsletter Archive Other Regional Airports		RCAA ONLINE LIBRARY Wetlands and Streams Issues in Brief: Sea-Tac Airport was built in an area (now known as ‘Highline') that was originally dotted with small lakes, ponds, peat bogs & other wetlands, and a complex system of salmon-bearing streams, all overlying several aquifers. Drainage is into Puget Sound (west of the Airport). The lowlands were originally heavily wooded. Some lakes, some wetlands, have already been lost to Airport construction. Other wetlands disappeared as the result of early-day farming, or later business or residential construction, in the days before Federal regulation of wetlands. The deepest aquifer is uncontaminated, providing domestic water to near-by cities (including Seattle). The State considers Highline's streams as Class AA, the highest grade. Much of the streamside habitat is still wooded. The local communities have made huge efforts to preserve & to restore streamside habitat, to protect the estuaries of Miller Creek and Des Moines Creek, to re-stock creeks with fish, &, in general, to protect a natural environment that the entire community cherishes. See Water Pollution for more information about pollution dumped into local streams. Documents: Background What do streams and wetlands have to do with runways? \| [Acrobat version - 20 KB, 3 pages] Filling wetlands—the approval process \| [Acrobat version - 21KB, 3 pages] Review by Washington State Dept. of Ecology (Section 401) \| [Acrobat version - 21KB, 2 pages] Review by U.S. Army Corps of Engineers (Section 404) \| [Acrobat version - 21KB, 2 pages] Chronology of 2nd Wetlands Application \|[Acrobat version - 20KB, 1 page] Wetlands Resources Map \| [Acrobat version - 12.5MB, 1 page] Embankment Cross Sectional View \| [Acrobat version - 24KB, 1 page] What is the "Dirty Fill Bill" of March 2003? County) [Acrobat file - 447KB, 1 page] Wetlands Aerial Photo Album 9/25/03 \| [Acrobat version - 3.55MB, 38 pages of photos] Wetlands.com's Wetlands Regulation Center [link] Miller-Walker Planning Effort Documents Power Point Presentation March 18, 2004 Miller Basin Map Miller Water Quality Map Walker Basin Map Walker Water Quality Map Miller/Walker Expected Redevelopment Map Miller Project Map Walker Project Map Section 404 Wetlands Filling Permit 2001 Comments on the Section 401-404 Permit Application Airport Communities Coalition (Consists of a variety of expert comments, well worth reading) Regional Commission on Airport Affairs (These are general comments that cover the broad issues, a good introduction) 2002 In December of 2002, the U.S. Army Corps of Engineers issued at Section 404 permit to the Airport. This permit would allow the Port to fill wetlands to create a third runway under certain conditions. The ACC and the Port requested and injuction and it was granted until the U.S. District Court hears an appeal. (See August 2003) US Army Corps of Engineers Decision on Section 404 Wetlands permit December 14, 2002. This decision was issued in many sections listed below. (Except where noted, the documents below are all in Adobe Acrobat (.pdf) format. Permit Related documents: News Release Frequently Asked Questions Special Public Notice Announcing Permit Issuance Corps' Record of Decision Appendix A - Index of Comments Received Appendix B - Section 404(b)(1) Evaluation Appendix C - Functional Assessment, Impact, and Mitigation Plan Review Appendix C - Enclosure A Appendix C - Enclosure B Appendix C - Enclosure C Appendix C - Enclosure D Appendix C - Figure 1 (to enlarge diagram, click on the lower right hand of the diagram. When the button control appears, click on it.) Appendix C - Figure 2 (to enlarge diagram, do as explained above.) Appendix C - Tables Revised Permit Drawings (21 MB, download time will be lengthy) Revised Permit Drawings (faster web view) These documents can also be found on the Army Corps site at http://www.nws.usace.army.mil/PublicMenu/Menu.cfm?sitename=REG&pagename=3rd_Runway_final_d38d 12/14/02 Airport Communities Coalition, Prelimary Injunction 12/14/02 Airport Communities Coalition, Complaint For Declaratory and Injunctive Relief 2003 8/2003 Airport Communities Coalition, Motion to Reconsider 8/19/03 Ruling on Section 404 Permit Appeal 8/19/03 Decision, U.S. District Court on ACC, State Attorney General challenge of Armys Corps Section 404 Permit [acrobat.pdf, 4.92 mb, 43 pages] 07/22/03 Brief of Amicus Curiae, Washington State Attorney General in ACC challenge of Army Corps Section 404 Permit [Acrobat.pdf, 573KB, 11 pages] In December of 2002, the U.S. Army Corps of Engineers issued at Section 404 permit to the Airport. This permit would allow the Port to fill wetlands to create a third runway under certain conditions. The ACC and the Port requested and injuction and it was granted until the U.S. District Court hears an appeal. (See August 2003) The Section 404 Wetlands Permit, Issued by the Army Corps of Engineers, was appealed by the Airport Communities Coalition to Federal District Court. Judge Barbara Rothstein dismissed the appeal in August, 2003, and ACC filed a Motion to Reconsider in September 2003 2004 ACC Emergency Motion to State Supreme Court On April 5th, ACC filed an emergency motion for an injunction to stop the Port from placing fill contrary to requirements of the Pollution Control Hearings Board ruling. ACC Motion and supporting affidavits Emergency Motion for Injunctive Relief of ACC Affidavit in Support of Motion-- Peter J. Eglick Affidavit in Support of Motion--Dyanne Sheldon Port Response and supporting affidavits Response of Port of Seattle Affidavit in Support of Response--Michael Feldman Affidavit in Support of Response--Robin V. Kordik (This document has an extensive attachments, not reproduced here for technical reasons) Affidavit in Support of Response--Gillis E. Reavis Affidavit in Support of Response--John Rothnie ACC Reply -Reply -Declaration in Support of Reply-Peter J. Eglick -Affidavit in Support of Reply- Dr. Stephen Hockaday -ACC Supplemental Brief April 30, 2004 ACC Appeal to 9th Circuit Court of Appeals of Section 404 Permit The new runway would require filling a canyon, now filled with wetlands and crossed by four streams that run through neighboring communities and into Puget Sound. Filling wetlands requires a Section 404 permit, issued by the Army Corps of Engineers. This was appealed to District Court in 2003 (see above). ACC Appeal ACC Appeal to 9th Circuit Court of Appeals of Section 404 Permit No.04-35011 Appellant's Motion to Exceed Type Volume Limitation in Appellant's Brief Pursuant Circuit Rule 32-2 Home \| What's the Latest? \| Links \|Library\| Newsletter \| About Us