PCHB271007395

PCHBPollution Control Hearings Board of the State of Washington

2001,1 which constituted a Clean Water Act § 401 Certification, an RCW 90.48 Order and Coastal Zone Consistency (401 Certification) determination for the Port of Seattle's (Port) construction of a runway and other projects at the Seattle-Tacoma International Airport (STIA). As set forth below, the ACC falls far short in carrying its burden to establish that it is 1On September21, 2001,EcologyrescindedOrderNo. 1996-4-02325andissuedOrderNo. 1996-4- 02325 (Amended-l)in its place. A copy of the amended401 Certificationis attachedas Exhibit 1 to the Declarationof AnnKenny.PursuanttotheAgreementRe Rescissionof401 Certificationsignedby theBoardon September20, 2001,if theACCappealstheamended§ 401 Certification,allpleadingsfiledinthis appeal(PCHB No.01-133),includingtheACC'srequestfora stay,willbe transferredtothenewlyfiledappeal. ECOLOGY'S RESPONSE TO 1 ATTORNEYGENERALOFWASHINGTON EcologyDivision APPELLANT'S MOTION FOR STAY PO Box40117 ORIGINAL ,_ 007395 OlYFAPx_'3W0"_;:50470_ 17 entitled to a stay of the 401 Certification. Ecology requests that the Board deny the ACC's motion for stay. II. STATEMENT OF FACTS The Port submitted its initial application for a Clean Water Act § 404 Permit ("404 Permit") and 401 Certification in December, 1997. The required public process, involving a public hearing and acceptance of written comments, followed. Based on the application submitted, Ecology issued a 401 Certification to the Port on July 20, 1998. Declaration of Ann Kenny (Kenny Dec.) at ¶ 8. That 401 Certification was later withdrawn when 'the Port discovered that it had underestimated the amount of wetlands that would be filled by the project, ld. The Port subsequently submitted a second application for a 404 Permit and 401 Certification in September 1999. A second public notice and public comment process followed. In September 2000, with…
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