PCHB208006202

PCHBPollution Control Hearings Board of the State of Washington

Stipulated Statement of Legal Issues filed in this matter on today's date. This statement is issued14 without prejudice to proposed amendment based on issuance and admissibility of new documents related to the Section 401 Certification. 1. Does the Amended Section 401 Certification dated September 21,2001 ("Certification") fail to provide reasonable assurance that the Third Runway Project, Master Plan Update and related activities 1a ("Third Runway Project") will not violate Section 401 of the Clean Water Act and state water quality law? 2o 2. Does the Certification's reliance on data, reports, and plans that were not in being at the time of issuance violate the requirements of Section 401 of the Clean Water Act? 3. Does the 401 Certification's reliance on future monitoring violate the requirements of Section 401 of the Clean Water Act and state water quality law? 4. Will the low flow impacts of the Third Runway Project violate the requirements of Section 401 of the Clean Water Act and state water quality law? AR 006202 ACC'S SEPARATE STATEMENT HELSELL FETTERMAN LLP Rachael Paschal Osbom OF LEGAL ISSUES - 1 1500 Puget Sound Plaza Attorney at Law Seattle, WA 98101-2509 Spokane, WA 99201 5. Do the provisions of Condition I of the Certification and the low flow technical analysis and mitigation plan, as adopted into the Certification, violate the requirements of Section 401 of the Clean2 Water Act and state water quality law? 6. Does the Port's failure to obtain a water right to implement the low flow mitigation…
V V