EXH0683025098

PCHBPollution Control Hearings Board of the State of Washington

1. I am over the age of 18, am competent to testify, and have personal knowledge of the facts stated herein_ 2. I am an Environmental Specialist 4 employed by the Department of Ecology (Ecology) in the Northwest Regional Office (NWRO) Shorelands and Environmental Assistance Program's Permit Assistance Center. I have been employed by Ecology since 1990 and have held that position since August 1999. My duties include providing regulatory and technical assistance on large complex projects. I worked from February 1998 to July 1999 as the Northwest Regional Office's Federal Permit Coordinator reviewing projects requiring certification under § 401 of the Clean Water Act (401 Certification). Even after taking the Permit Assistance Center position, I continued to review and issue 401 Certifications. Over the DECLARATION OF ANN KENNY 1 ATTORNEY GENERAL OF WASHINGTON EcologyDivision PO Box 40117 Olympia, WA 98504-0117 FAX (360) 586-6760 oct o2 zoo AR 025098 (, and an increase in impervious surface area in the Walker, Miller and Des Moines Creek basins. In requiring a Low Flow Mitigation Plan, Eeoiogy intended that the Port offset the impacts to the streams by mimicking, to the extent practicable, the pre-project hydrologic curve. In order to clearly identify the issues the low flow mitigation plan needed to address, Ecology and the Port engaged in a facilitated process similar to that of the CSMP for low flow. In that process, Ecology identified the impacts and approved a conceptual plan to mitigate for those impacts. 32. The primary concerns expressed by…
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