PCHB049002066

PCHBPollution Control Hearings Board of the State of Washington

A. Ecology's Issuance of the September 401 After Pressure from the Governor's Office and Closed-Door Negotiations with the Port Violated Applicable 401 Regulations and Requirements for CZMA Certification (Issue 1, Issue 2) 4 B. The 401's Temporal, Operational and Geographic Limitations Violate the Requirements of the Clean Water Act and Applicable State Water Quality Law (Issue 3) 5 C. There Must Be Reasonable Assurance at the Time of Certification (Issue 5), and a Certification Cannot Rely on Data, Reports, and Plans which Were Not in Being at the Time of Issuance -- Many of Which Are Still Not Finalized Six Months Later (Issue 6) 6 D. The 401 Falls Far Short of Reasonable Assurance that the Port's Proposed Wetland Fills, Stream Alterations and Related Activities Will Not Violate Water Quality Standards (Issue 7, Issue 19) 10 E. The 401 Fails to Provide Reasonable Assurance in Its Reliance on Future Monitoring as a Substitute for Current Proof of Compliance, And In Its Failure to Require Adequate Pre-construction Monitoring (Issue 7) 14 F. The 401 Falls Far Short of Reasonable Assurance That There Will Not Be Low Flow Impacts and Consequent Water Quality Degradation as a Result of the Project (Issue 8) 16 1. Introduction 16 2. Early History of the Low Flow Plan 17 AR 002066 3. December 2001 Low Flow Plan 19 4. General Explanation of Low Flow Modeling 19 5. Calibration 21 6. Multiple Models 23 7. Target Flows 24 8. Model Inclusiveness: IWS & Borrow Pits 25 9.…
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