PCHB138004685

PCHBPollution Control Hearings Board of the State of Washington

v. ) ACC'S REPLY ON MOTION FOR ) SUMMARY JUDGMENT REGARDING STATE OF WASHINGTON, ) THE ABSENCE OF A WATER RIGHT FOR DEPARTMENT OF ECOLOGY; and ) THIRD RUNWAY § 401 CERTIFICATION7 THE PORT OF SEATTLE, ) ) Respondents. ) ) I. Introduction 1a ACC submits this brief in support of its Motion for Summary Judgment Regarding the Absence of a Water Right for Third Runway § 401 Certification, and in reply to the Port' s Memorandum in Opposition and Ecology's Response. II. Statement of Facts A. The Material Facts Relevant to this Motion Are Not in Issue. No genuine issues of material fact are present in this motion. The Third Runway Project will lead to construction of significant amounts of new impervious surfaces, disrupting19 2o hydrology in streams adjacent to Sea-Tac Airport. Port Br. at 2. The impacts of this construction include depleting stream flow in at least two streams adjacent to the airport, Des Moines and Walker Creeks, during the summer period. Id. The Port is required to mitigate for these impacts. Second Declaration of Michael P. Witek in Support of ACC's Motion for Summary Judgment (hereinafter "2ndWitek Decl."), Exh. ACC'S REPLY ON MOTION FOR SUMMARY HELSELL FETTERMAN LLP Rachael Paschal Osbom JUDGMENT - 1 1500 Puget Sound Plaza Attorney at Law 1325 Fourth Avenue 2421 West Mission Ave. L Spokane, WA99201i'_ _.',_f/_!A Seattle, WA 98101-2509 AR 004685 A (Section 401 Water Quality Certification #1996-4-02325, Section I, pp. 22-25 (9/21/01)). In order to do so, the Port proposes…
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