PCHB209006206

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 stipulate to the following statement of legal issues for the Board's consideration. The parties acknowledge that there are more than three issues in this case, but have only reached agreement on how three of the issues should be stated. If the parties can reach agreement on the statement of additional issues, the parties will notify the Board of the additional stipulated issues on or before November 15, 2001, when the parties may file objections to issues proposed separately by other parties. 2o Stipulated Issues: 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?22 ORIGINAL25 AR 006206 STIPULATION REGARDING PROPOSED HELSELL FETTERMAN LLP Rachael Paschal Osbom STATEMENT OF LEGAL ISSUES - 1 1500 Puget Sound Plaza Attorney at Law 1325 Fourth Avenue 2421 West Mission Ave. Seattle, WA 98101-2509 Spokane, WA 99201 2. Does Ecology's concurrence with the Port's consistency certification, issued pursuant to the2 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? STIPULATED TO this 2nd day of November, 2001. __,___HELSELLFETTERM LLP Peter J._glick, WSBA…
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