PCHB159005309

PCHBPollution Control Hearings Board of the State of Washington

The Airport Commtmities Coalition ("ACC") moves for an order for entry upon the Third Runway/Master Plan Update project area ("Project Area") to observe, photograph, and sample soils, wetlands and streams. II. STATEMENT OF FACTS In order to prepare for the March hearing; ACC and its experts need access to the Project Area to observe, photograph, and in some instances sample Project Area wetlands, soils and streams. The Port has routinely provided such.access to others without preconditions or paperwork requirements, but has denied it to AC(%,For example, Ecology's Ms. Kenny testified in deposition that she has visited the site at least three times, including one visit with counsel for Ecology and the Port, which extended to any and all portions of the site. _ Ms. Kenny testified that she was not subject to any security _ When Ms. Kenny was asked why attorneys were involved in the site visit, she answered " I believe that our attorneys and the Port's attorneys - well, first they wanted to better understand the technical issues involved with this very complex analysis that was done for the low flow work. And then our attorneys wanted some familiarity with the layout of the site and locations for proposed structures under the third runway application." Ann Kenny December 20, 2001, deposition transcript, at p. 59 (Ex. A to the Declaration of Michael P. Witek in Support of ACC's Motion to Compel Inspection of ACC'S MOTION TO COMPEL INSPECTION OF HELSELL FETTERMAN LLP Rachael Paschal Osborn PORT PROPERTY…
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