PCHB171005710

OF ECOLOGY, and THE PORT OF SEATTLE, Respondents. I. INTRODUCTION AND RELIEF REQUESTED Pursuant to WAC 371-08-450 and the Pre-Hearing Order filed in this matter, Appellant Airport Communities Coalition ("ACC") hereby moves for summary judgment on the ground that Ecology' s § 401 Certification is not based on reasonable assurance that the Port of Seattle ("Port") has legal means to permanently mitigate the low flow impacts of its proposed project. The Section 401 Certification should be invalidated on this ground. AR 005710 ACC'S MOTION FOR PARTIAL HELSELL FETTERMAN LLP Rachael Paschal Osborn SUMMARY JUDGMENT RE: ABSENCE 1500 Puget Sound Plaza Attorney at Law OF A WATER RIGHT-- 1 1325 Fourth Avenue 2421 West Mission Ave. R 1 6 1N A Lseattle, WA 98101-2509 Spokane, WA 99201 II. STATEMENT OF FACTS On September 21, 2001, the Department of Ecology issued a revised Section 401 Certification to the Port of Seattle for the Port's Master Plan Update of Sea-Tac International Airport (commonly referred to as the "Third Runway Project"). The Section 401 Certification contains "Conditions for Mitigation of Low Flow Impacts," approving the Port's low flow mitigation plan. 401 Cert. at p. 22. The low flow plan contemplates the capture and use of stormwater to offset the impacts of construction of the Third Runway Project on three local streams: Des Moines, Miller and Walker Creeks. 1o On December 17, 2001, the Board issued its Order Granting Motion to Stay the Effectiveness of Section 401 Certification. Among other rulings, the Board found that…

Open full document

Upcoming Events

PSCAA Advisory Council Meeting Agenda
Add to CalendarMWednesday Mar 11, 9:00am - 11:35am
1904 3rd Avenue, Suite 105, Seattle, WA 98101
Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]