PCHB055002187

v. ) APPELLANTS' REPLY ON MOTION IN ) LIMINE TO EXCLUDE LATE-PRODUCED STATE OF WASHINGTON, ) PLANS AND REPORTS DEPARTMENT OF ECOLOGY; and ) THE PORT OF SEATTLE, ) ) Respondents. ) Exclusion of the Port and Ecology's post February 1, 2002, plans and reports identified in Appellants' Motion in Limine is required under the plain language of the Board's10 October 30 Pre-Hearing Order: For those plans or reports expected to be completed between November 16, 2001 and February 1, 2002, Respondents shall identify the estimated completion dates. If those plans and reports are completed on or before February 1, 2002, Respondents shall provide copies to Appellant ACC when complete. Ecology and the Port are prohibited from relying at the hearing upon any plan or report prepared after November 15, 2001 unless such plan or report is noted on the above-required list. Even if noted on the list, Ecology and the Port are prohibited from rel_ng at the hearing upon any plan or report prepared after February 1, 2002. Not surprisingly, the Port's response brief fails to quote or refer to the underlined portion of the Pre-Hearing Order. It was incorporated into the Pre-Hearing Order to keep the 401 Certification from becoming a moving target and avoid problems that had been encountered in other appeals of 401 certifications for significant projects, such as in Battle Mountain Gold ("BMG") where the project proponents continued to submit "last minute revisions" to stream flow depletion studies and mitigation plans. 2 AR 002187 t…

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PSCAA Advisory Council Meeting Agenda
Add to CalendarMWednesday Mar 11, 9:00am - 11:35am
1904 3rd Avenue, Suite 105, Seattle, WA 98101
Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]