EXH0554023711

PCHBPollution Control Hearings Board of the State of Washington

met with Paula yesterday to discuss a number of issues, projects, etc. We spent about an hour talking about what it means to comply with water quality standards, how beneficial uses fit into our 401 decisions, and how all of this applies to SeaTac. She said there was great concern from management (Gordon, Megan, John Glynn) that I was holding the Port to an unreasonable standard. I again explained that I was only looking for compliance with water quality standards, including instream flow -- because Des Moines Creek had been identified as impaired due to extremely high storm flows and low summer base flows (identified in the Basin Plan prepared in part by the Port), I couldn't have reasonable assurance that standards would be met unless we had adequate information and mitigation to show that those uses could be maintained and protected. The Port had originally included measures to address those issues as part of their mitigation plan -- Level 2 stormwater detention and flow augmentation -- which would allow me to get to reasonable assurance on those issues for purposes of 401. The Port has since dropped the flow augmentation .mitigation elem.ent due to the. previous water right issue (though I understand they are negotiating with the Hlghhne Water l)lstnct to obtain the necessary water right). We still have a commitment from the Port to provide Level 2 detention, but their primary proposal is to use the proposed RDF, which has not been designed, evaluated for impacts, or gone…
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