PCHB238006520

None of the new issues regarding the amended §401 Certification supports ACC's stay request. 1. The Requirement of Public Notice, Public Comment or Public Hearing Applies to a New Application, Not an Amendment of a §401 Certification. ACC claims that the §401 Certification was amended without required public notice and involvement. However, controlling regulations do not require a new public notice, public comment, or public hearing prior to amending a §401 Certification. The regulation cited by ACC only requires public notice and hearing "whenever an application for certification required by section 401 of FWPCA is filed with [Ecology]." WAC § 173-225-030(emphasis added).l Multiple public hearings and opportunities to comment have been provided during Ecology's process. No regulation requires a new public notice, hearing and opportunity to comment when an existing §401 certification is amended. 2. The Amended §401 Certification Complies With 40 CFR §121.2. ACC asserts that the amended §401 Certification fails to comply with 40 CFR § 121 because it lacks a statement that the activity for which the §401 Certification was required will not violate applicable water quality standards. See 40 CFR § 121.2(a)(3). This is a misstatement of the factual record. As with the original §401 Certification, the amended §401 Certification consists of a letter and an order containing the §401 Certification conditions. That letter clearly states that the projects at STIA will comply with the applicable sections of the Clean Water Act. 2 3. ACC Continues to Incorrectly Claim That the Existing Airport Will Not Be…

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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 [...]