EXH0627024551

PCHBPollution Control Hearings Board of the State of Washington

M _k R T E I_ 421 South Capitol Way Phone: 360.786-5057 Suite 303 Fax: 360.786-1835 - B R O W N Olympi,wA9aS01 ATTORNEYS AT LAW SEPf 8 20Ol September10, 2001 OL___RTMEmOF_._:_, _EP 1 0 2001c_.._ OFo_--_:o_ ! jmanning@r___ OFFICE The Honorable KaleenCottingham,Presiding PollutionControl Hearings Board EnvironmentalHearings Office 4224 6_ AvenueSE Building2, Row Six P.O. Box40903 Lacey,WA 98504-0903 O RE: Port of SeattleAppeal of Water QualityCertification (Order #1996-4- 02325)and StipulatedAgreementand Orderof Dismissal Dear Ms. Cottingham:Marten Brown Inc. Enclosedplease findthe Portof Seattle'sappealof Water QualityCertification #1996-4-02325 issuedbythe Departmentof Ecologyfor variousimprovements at Seattle Tacoma International Airport, including a third runway and associated construction projects. We are also filing today a Stipulated Agreement and Agreed Order of Dismissal bywhich the Port and the Department of Ecology have agreed to resolvethe issues raised by the Port's appeal. We suggest that the Board schedule a status conference to discuss the appropriate process for moving forward, in short, the Port's position is as follows: The Port and the Department have agreed that the water quality certification should be amended consistent with the terms of the enclosed stipulation. Because the Airport Communities Coalition has already appealed the certification,we believethe Coalition is entitledto raise whatever objections it may have to the amended provisions of the certification. Because this litigation has just commenced, and because the Coalition is free to raise any issues it may have with the amended certification provisions, we believe the Board should accept the enclosed stipulation, dismiss the Port's appeal and _ proceed with the Coalition's…
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