PCHB160005316

PCHBPollution Control Hearings Board of the State of Washington

v. ) WITEK IN SUPPORT OF ACC'S ) MOTION TO COMPEL INSPECTION STATE OF WASHINGTON, ) OF PORT PROPERTY AND TO DEPARTMENT OF ECOLOGY; and ) EXTEND DISCOVERY SCHEDULE THE PORT OF SEATTLE, ) ) (Section 401 Certification No. Respondents. ) 1996-4-02325 and CZMA concurrency ) statement, Issued August 10, 2001, Reissued September 21,2001, under No. 1996-4-02325 (Amended- 1)) Michael P. Witek declares as follows: 2. 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 pages 59-61 from the December 20, 2001, Ann Kenny deposition transcript.20 3. Attached to my declaration as Exhibit B is a true and correct copy of pages 71-75 from the January 8, 2002, Ray Hellwig deposition transcript. DECLARATION OF MICHAEL P. WITEK IN HELSELLFETTERMANLLP Rachael Paschal Osborn SUPPORT OF ACC'S MOTION TO COMPEL 1500Puget Sound Plaza AttorneYat Law AND TO EXTEND DISCOVERY SCHEDULE - 1 1325 Fourth Avenue 2421 West Mission Avenue Seattle, WA98101-2509 Spokane, WA 99201 , :__ ' AR 005316 4. Attached to my declaration as Exhibit C is a true madcorrect copy of ACC's November 26, 2001, Request for Entry. 5. Attached to my declaration as Exhibit D is a true and correct copy of a December 12, 2001, e-mail from ACC counsel to Port counsel. 6. Attached to my declaration as Exhibit E is a true and correct copy of a December 18,2001, e-mail from…
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