EXH2115033732

PCHBPollution Control Hearings Board of the State of Washington

One more in my series, and the last for today... think this is the single biggest issue we need to resolve -- does the existing non-attainment of water quality standards in Des Moines Creek (and possibly Miller Creek) allow us to certify projects that will further adversely affect those streams? My read of the water quality standards and Clean Water Act suggests the answer is no, unless a project proponent includes adequate measures to allow those uses to be supported. This issue is at the heart of both the standards and the Act, and is the basis for most of our other issues -- meeting antidegradation, stormwater detention requirements, wetland mitigation, etc. Des Moines Creek is identified in the basin plan as not meeting several elements of the water quality standards. Because the standards apply to a waterbody and also to discharges into that waterbody, we need to determine not only if a discharge meets the required limits, but whether the waterbody is maintaining its existing and/or designated uses. In the case of Des Moines Creek, it is apparent that the creek does not adequately support various stages of fish life, and possibly other aquatic life. This is documented in the Des Moines Creek Basin Plan and in several other sources. Last year in working with the Port, we identified the key limiting factors as extremely high flows during storm events and extremely low summer flows. That finding was the primary basis for Ecology requiring the Port to do Level…
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