EXH AR002508: Respondent Ecology’s Pre-Hearing Brief — ACC & CASE v. Ecology & Port Of Seattle (PCHB No. 01-160)

Notes

Respondent Department of Ecology’s Pre-Hearing Brief filed with the Pollution Control Hearings Board (PCHB No. 01-160) on March 12, 2002, in the matter of Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) v. State of Washington Department of Ecology and Port Of Seattle. Ecology defends its Order No. 1996-4-02325 (Amended-1), the 401 Certification issued August 10, 2001 (amended September 21, 2001), which constituted a Clean Water Act (CWA) § 401 Certification, an RCW 90.48 Order, and a Coastal Zone Management Act (CZMA) Consistency Concurrence for the Port Of Seattle’s Master Plan Update (MPU) Improvements at Seattle-Tacoma International Airport (STIA), including a third parallel runway (8,500 feet), South Aviation Support Area (SASA), stormwater management, and Miller Creek relocation, impacting wetlands in Miller Creek and Des Moines Creek watersheds. Argues ACC failed to meet burden of proof; cites de novo review standard under WAC 371-08-485, Joint Aquatic Resources Permit Application (JARPA), Natural Resource Mitigation Plan (NRMP), Comprehensive Stormwater Management Plan (CSMP), and Army Corps of Engineers § 404 Permit.

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