PCHB151004801

PCHBPollution Control Hearings Board of the State of Washington

v. ) WITEK IN SUPPORT OF ACC'S ) RESPONSE TO MOTIONS TO STATE OF WASHINGTON, ) COMPEL AND LIMIT ENTRY DEPARTMENT OF ECOLOGY; and )10 THE PORT OF SEATTLE, ) (Section 401 Certification No. ) 1996-4-02325 and CZMA concurrency Respondents. ) statement, Issued August 10, 2001, ) Reissued September 21, 2001, under No. 1996-4-02325 (Amended- 1)) Michael P. Witek declares as follows: 1. I am over the age of 18, am competent to testify, and have personal knowledge of the facts stated herein. 2. Attached to my declaration as Exhibit A is a true and correct copy of ACC's November 26, 2001, Request for Entry upon Port Property. 3. Attached to my declaration as Exhibit B is a true and correct copy of The Port's December 24, 2001, Objections to ACC's Request for Entry. DECLARATION OF MICHAEL P. WITEK IN HELSELLFETTERMANLLP Rachael Paschal Osborn SUPPORT OF ACC'S RESPONSE TO a500 Puget Sound Plaza Attorney at Law MOTIONS TO COMPEL AND LIMIT ENTRY - 1 1325Fourth Avenue 2421 West Mission Avenue Seattle, WA98101-2509 Spokane, WA 99201 OR/G/NAt ,. oo,o 4. Attached to my declaration as Exhibit C is a true and correct copy of a December 12, 2001, letter from ACC counsel to Port counsel. 5. Attached to my declaration as Exhibit D is a true and correct copy of a December 12, 2001, email from ACC counsel to Port counsel. 6. Attached to my declaration as Exhibit E is a true and correct copy of a December6 18, 2001, email…
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