PCHB198006110

PCHBPollution Control Hearings Board of the State of Washington

v. ) THE RECORD ON ITS MOTION FOR ) STAY STATE OF WASHINGTON, ) DEPARTMENT OF ECOLOGY; and ) THE PORT OF SEATTLE, ) ) Respondents. ) Pursuant to WAC 371-08-450 and the Board's Pre-Hearing Order (10/30/01), the Airport Communities Coalition (ACC) seeks an order allowing supplementation of the evidentiary record supporting ACC's motion for stay of the 401 Certification. This motion is based on the information set forth below and in the accompanying Declaration of Andrea Grad in Support of ACC's Motion to Supplement the Record on Its Motion for Stay (Grad Decl.) and exhibits thereto. On November 5, 2001, ACC sent a routine public record request to the Department of Ecology seeking copies of all recent documents pertaining to the Third Runway Project. Grad Decl., ¶ 3. On November 7 and November 9, 2001, attorneys for ACC received from Ecology copies of several documents pertaining to the revised low flow analysis being prepared by the Port of Seattle in support of the Section 401 Certification issued by Ecology on September 21, 2001. Id. These documents start chronologically with a letter from Port water resources manager Keith Smith to Ecology 401 permit coordinator Ann Kenny (dated 10/24/01) requesting an extension of the deadline established in the 401 for submission of a completed revised low flow analysis (Grad Decl., Ex. A). They continue with an ACC'S MOTION TO SUPPLEMENT HELSELL FETTERMAN LLP Rachae[ Paschal Osborn THE RECORD - 1 1500 Puget Sound Plaza Attorney at Law 1325 Fourth Avenue 2421…
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