EXH0602023900

PCHBPollution Control Hearings Board of the State of Washington

Sent: Friday, September 07, 2001 6:59 PM To: "l'om Walsh'; 'Newlon, Tom'; 'Manning, Jay' Cc: Hellwig, Raymond; Kenny, Ann Subject: FW: Draft settlement agreement and SPLP work plan Importance: High - Sept 7SUp SPLPWork Se_lement.d_ Plan.DOC For Settlement Purposes Only/Exempt from Disclosure Under ER 408 Here are the edits we discussed today. Thanks. ..... Original Message ..... From: Newlon, Tom [mailto:newlon.t@portseattle.org] Sent: Friday, September 07, 2001 12:51 PM To: Jay Manning (E-mail); Marchioro, Joan (ATG) Subject: Draft settlement agreement and SPLP work plan <> <> AR 023900 DRAFT SETTLEMENT AGREEMENT Regarding Appeal of §401 Certification #1996.4-02325 This Settlement Agreement is entered into between the Washington State Department of Ecology ("Ecology") and the Port of Seattle ("Port") this day of September, 2001. Backl_round i. The Port applied to the U.S. Army Corps of Engineers ("Corps") for a permit under §404 of the Clean Water Act to authorize the discharge of fill material into waters of the United States, necessary to construct a third runway and other improvements at Seattle-Tacoma International Airport. This application triggered a request to Ecology for certification under § 401 of the Clean Water Act and concurrence under §307(c)(3) of the Coastal Zone Management Act (the "§401 Certification") for the project. On August 10, 2001, Ecology issued Order # 1996.4-02325, which constituted its §401 Certification. ii. Following issuance of the §401 Certification, the Port notified Ecology that it intended to appeal certain provisions of the §401 Certification to the Washington State Pollution Control…
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