EXH1104041680

PCHBPollution Control Hearings Board of the State of Washington

Mezzanine Level, Room MT-6418 ATTN: Tom Mueller, Chief P.O. Box 68727 17801 Pacific Highway S. Seattle, WA 98168-0727 RE: Order #96-4-02325: Water Quality Certification/Coastal Zone Consistency Determination for Port of Seattle - Master Plan Improvement Projects Dear Ms. Hinkle and Mr. Mueller: The request for certification for proposed work in and adjacent to Miller and Des Moines Creek has been reviewed. On behalf of the State of Washington, we certify that the proposed work, as conditioned by the enclosed Order, will comply with applicable provisions of Sections 301,302, 303,306 and 307 of the Clean Water Act, as amended, and other appropriate requirements of State law. This letter also serves as the State response to the Corps of Engineers. Pursuant to 16 U.S.C. 1456 el. seq. (Section 307(c)(3) of the Coastal Zone Management Act of 1972 as amended), Ecology concurs with the applicant's determination that this work will be consistent with the approved Washington State Coastal Zone Management Program. This concurrence is based upon the applicant's compliance with all applicable enforceable policies of the Coastal Zone Management Program, including Section 401 of the Federal Water Pollution Control Act. This water quality certification and Coastal Zone Consistency Determination is subject to the conditions contained in the enclosed Order. Please note that several significant additions to the Port's proposals were added as conditions of this Order. In several instances, the Port's descriptions of proposed work or commitments to proposed mitigation were inadequate to provide Ecology with reasonable assurance that the state water quality…
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