Notes
Stipulation filed November 2, 2001 in PCHB No. 01-160 by Airport Communities Coalition (ACC) against Washington State Department of Ecology and Port Of Seattle, pursuant to Pre-Hearing Order dated October 30, 2001. Three stipulated legal issues: (1) whether Ecology violated applicable law on public and agency notice, hearing, comment, and modification regarding the original 401/404 application and Amended Certification; (2) whether Ecology’s concurrence with the Port’s consistency certification under the Coastal Zone Management Act (CZMA) failed to comply with CZMA and Washington’s approved Coastal Zone Management Plan; (3) whether stated limitations on temporal, operational, and geographic scope of the Certification, including limitation to ‘Port 404 projects,’ violate Section 401 of the Clean Water Act and applicable state water quality law. Signed by Helsell Fetterman LLP (Peter J. Eglick, Kevin L. Stock, Michael P. Witek), Law Offices of Rachael Paschal Osborn, and Christine O. Gregoire Attorney General (Thomas J. Young, Joan M. Marchioro). AR 006206–006208.