EXH AR023618: Letter Kevin L. Stock (Helsell Fetterman) to Dir. Tom Fitzsimmons (Ecology) Re: 1999 Agreed Order & 401 Certification Process

In this March 30, 2001 letter, attorney Kevin L. Stock of Helsell Fetterman writes to Washington State Department of Ecology Director Tom Fitzsimmons on behalf of the Airport Communities Coalition, confirming agreements reached at a March 27 meeting regarding Sea-Tac Airport expansion. The letter asserts that Ecology's 1999 Agreed Order with the Port of Seattle must be fulfilled before a Section 401 water quality certification can legally be issued, and confirms Ecology's commitment to hold a follow-up technical meeting with key staff and legislators present. The ACC argues that strong scientific and legal grounds preclude issuing a defensible 401 certification until the Port completes its obligations under the Agreed Order.

Notes

Letter dated March 30, 2001 from attorney Kevin L. Stock of Helsell Fetterman LLP, on behalf of the Airport Communities Coalition (ACC), to Washington State Department of Ecology Director Tom Fitzsimmons. Confirms agreements reached at March 27, 2001 meeting regarding Ecology’s 1999 Agreed Order with Port Of Seattle and the Section 401 Clean Water Act certification process for the Sea-Tac Airport third runway. ACC argues the Agreed Order is a condition precedent to issuance of any 401 decision, and requests Ecology take a fresh look at whether Port Of Seattle must fulfill Agreed Order obligations before a 401 certification can be issued. Exhibit AR023618–AR023620. Attendees and recipients include Jim Pendowski, Steve Alexander, Ray Hellwig, Ann Kenny, Gordon White, John Wietfeld, Ching-Pi Wang, Roger Nye, and legislators Sen. Dow Constantine, Sen. Julia Patterson, Rep. Shay Schual-Berke, Rep. Karen Keiser, Rep. Joe McDermott, Rep. Erik Poulsen, Rep. Mark Miloscia, Rep. Maryann Mitchell, Sen. Tracey Eide.

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