PCHB191005862

In its Motion for Stay, ACC identified fundamental problems in the Port's low flow analysis and mitigation plan which should have precluded an Ecology determination of reasonable assurance required for issuance of a Clean Water Act § 401 Certification. 1 To rebut ACC's arguments, Ecology offered the Declaration of Kelly Whiting, an engineer with King County who, per interagency contract, functioned as Ecology's expert for review of the Port's Stormwater and Low Flow plans. Recently, Ecology released to ACC under the Public Disclosure Act agency records including an email from Kelly Whiting which, in scathing terms, validated ACC's identification of fundamental flaws in Ecology's reliance on the Port's low flow analysis and mitigation plan. 2 ACC therefore made a Motion to Supplement the Record on its Stay Motion with four documents, totaling 14 pages, all focused on the low flow plan and Mr. Whiting's admissions. See ACC's Memorandum in Support of Motion for Stay at pp. 10-13and ACC's Reply Memorandum in Support of Motion for Stay at pp. 15-22. 2See October 25, 2001 email from Kelly Whiting, Exhibit B to Andrea Grad Declaration in Support of ACC's Motion to Supplement. AR 005862 ACC'S REPLY ON MOTION TO SUPPLEMENT HELSELL FETTERMAN LLP Rachael Paschal Osborn THE RECORD - 1 1500 Puget Sound Plaza Attorney at Law ORIGINAL 1325 Fourth Avenue 2421 West Mission Ave.Seattle, WA 98101-2509 Spokane, WA 99201 Significantly, Ecology offers no opposition to ACC's motion, nor does it question the authenticity of the Ecology records which ACC has offered…

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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 [...]