Notes
Email chain dated April 30, 1999 from Ronald Lavigne (ATG) and Ann Kenny to Washington State Department of Ecology staff including Sandra Manning, Kevin Fitzpatrick, and others, raising legal concerns about agreements reached at a Wednesday meeting regarding 401 certification and 402 permit policy. Lavigne raises issues including: the state’s one-year waiver deadline for 401 certifications, the lack of legal authority to deny a 401 certification without prejudice, the requirement to address stormwater impacts regardless of project size (small, medium, large), and the inadequacy of the ‘presumptive approach’ using BMPs to ensure compliance with Water Quality Standards (WQS). Kenny’s embedded message references a three-tiered approach to 401 permits where no 402 permit exists, including stormwater compliance review criteria. Key terms: PCHB, 401 certification, 402 permit, WQS, BMP, stormwater, water quality standards, AR028045.