PCHB205006187

PCHBPollution Control Hearings Board of the State of Washington

Pursuant to the Pre-Hearing Order dated October 30, 2001, as amended orally on November 1, 2001, the parties stipulated to three proposed legal issues for the Board's consideration on November 2, 2001. Subsequently, on November 14, 2001, the parties reached agreement upon 18 additional proposed legal issues. As a result of this additional agreement, there remain only three legal issues separately proposed by ACC and one legal issue separately proposed by the Port. For the Board's convenience, this Supplemental Stipulation includes the agreed issues from November 2, 2001 and the agreed issues from November 15,2001. The remaining legal issues separately proposed by ACC and the Port are set forth in attached Exhibit A. ORIGINAL ..oo.,., SUPPLEMENTAL STIPULATION REGARDING HELSELLFETTERMANLLP RachaelPaschalOsborn PROPOSED STATEMENT OF LEGAL ISSUES - 1 1500PugetSoundPlaza Attorneyat Law 1325FourthAvenue 2421WestMissionAve. Seattle,WA98101-2509 Spokane,WA99201 Agreed Issues from November 2, 2001 1. Did Ecology violate applicable law pertaining to public and agency notice, hearing, comment and modification regarding the original 401/404 application and Amended Certification? 2. Does Ecology's concurrence with the Port's consistency certification, issued pursuant to the Coastal Zone Management Act ("CZMA"), fail to comply with the requirements of the CZMA and Washington's approved Coastal Zone Management Plan? 3. Do the stated limitations on the temporal, operational, and geographic scope of the Certification, including its limitation to "Port 404 projects," violate the requirements of Section 401 of the Clean Water Act and applicable state water quality law? Agreed Issues from November 14, 2001 4. Is there reasonable assurance that the…
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