PCHB038001896

PCHBPollution Control Hearings Board of the State of Washington

1. Declarant. I have personal knowledge of the facts set forth in this declaration and would be competent to testify to them if necessary. 2. Receipt of Notes from February 12, 2002 Meeting Between Kelly Whiting, Keith Smith and Ann Kenney. Kelly Whiting, Ann Kenny and Keith Smith met on February 12, 2002. At that meeting, Mr. Whiting gave Ms. Kenny and Mr. Smith an overview of his comments on the December 2001 Low Flow Plan prepared by the Port of Seattle. Keith Smith took notes at that meeting, which he transmitted to me. Mr. Smith requested that I and others working on low flow issues begin work on some of the issues as soon as possible. 3. Meeting With Kelly Whiting for February 19, 2002. On February 19, 2002, a number of Port consultants, myself included, met with Kelly Whiting to discuss his comments on the Port's December FIFTH DECLARATION OF PAUL S. FENDT, P.E. - 1 FOSTER PEPPER _ SHEFELMAN PLLC 1111 TmRD AVENUE, SUITE 3400 SEATTLE, WASHINGTON 98101-3299 206-447-4400 50309885.04 AR 001896 APR-17-02 WED09:41AH FAX NO, P, 02 2001 l,ow Flow Plan. It was at this meeting that Mr. Whiting presented us with his draft comments, which are dated February 19. 4, Based on. Keith Smith's Request, Revisions to the Walker Creek Low Flow Period Had Ah'eady Been Completed Prior to the February !9, 2002 Meeling. In response to Kcith Smith's odginal request Ihat wc begin work on Kelly Whiting's preliminary comments, I had directed |hat membeJ,-s…
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