PCHB030001159

PCHBPollution Control Hearings Board of the State of Washington

March 18-29, 2002. The Board was comprised ofKaleen Cottingham, presiding, Robert V. Jensen, and Bill Lynch. 2. Appellant Airport Communities Coalition ("ACC") was represented by Peter Eglick, Kevin Stock and Michael Witek ofHelsell Fetterman; and Rachael Paschal Osborn; Intervenor Citizens Against Airport Expansion ("CASE") was represented by Richard Poulin of Smith & Lowney; Respondent Washington State Department of Ecology was represented by Joan22 Marchioro, Thomas Young and JeffKray, Assistant Attorneys General; and Respondent Port of Seattle was represented by Jay Manning and Gillis Reavis of Brown Reavis & Manning, Roger Pearce and Steven Jones of Foster Pepper & Shefelman, and Port Counsel Linda Strout and Traci AR 001159 FINDINGS OF FACT, CONCLUSIONS OF LAW ORI6INAL AND ORDER - 1 Goodwin.1 3. Prefiled written direct testimony was submitted, witnesses were swom and heard, exhibits were introduced, portions of eight depositions were published, and the parties presented arguments to the Board. Based upon the evidence presented, the Board makes the following Findings of Fact and Conclusions of Law. II. STATEMENT OF ISSUES Issue No. 1: Did Ecology violate applicable law pertaining to public and agency notice, hearing, comment and modification regarding the original 401/404 application and Amended Certification?9 Issue No. 2: Does Ecology's concurrence with the Port's consistency certification, issued pursuant to the Coastal Zone Management Act ("CZMA"), fail to comply with the requirements of the CZMA and Washington's approved Coastal Zone Management Plan? Issue No. 3: Do the stated limitations on the temporal, operational, and geographic scope of the Certification, including…
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