Notes
A letter from attorney Kevin L. Stock of Helsell Fetterman LLP, on behalf of the Airport Communities Coalition, to Tom Fitzsimmons, Director of the Department of Ecology, confirming agreements reached at a March 27, 2001 meeting regarding the 1999 Agreed Order and the 401 certification process. The letter confirms that Ecology agreed to hold a follow-up technical meeting with staff and legislators present, and that Ecology would take a fresh look at whether the Port must fulfill the Agreed Order requirements before a 401 certification decision can be issued. The ACC argues that the Agreed Order is a condition precedent to issuance of a 401 decision and that strong scientific and legal reasons preclude Ecology from issuing a legally defensible 401 certification before the Port completes its obligations.