PCHB222006415

PCHBPollution Control Hearings Board of the State of Washington

1. Does the Certification fail to provide reasonable assurance that the project will not violate state13 water quality standards in affected surface waters, pursuant to, inter alia, 33 U.S.C. § 1341; 40 CFR § 121.2; RCW Ch. 90.48.080; and WAC Ch. 173-201A? 2. Does the Certification fail to provide reasonable assurance of compliance with water quality standards due to Ecology's failure to require complete data, reports, and plans?16 3. Does the Certification fail to provide reasonable assurance of compliance with water quality standards because the certification substitutes future monitoring for current assurance that water Ia quality standards will not be violated? 4. Does the Certification fail to provide reasonable assurance of compliance with water quality standards because the Section 401/404 application and associated public notice lacked20 sufficient information to generate meaningful comments regarding essential elements of the Third Runway Proj ect? AR 006415 Stream Flow/Water Riphts Issues 5. Does the Certification fail to provide reasonable assurance that the low flow impacts of the proposed project will be permanently and adequately compensated in violation of, inter alia, 33 U.S.C. § 1341; 40 CFR § 121.2; RCW Ch. 43.21C; RCW Ch. 90.03; and RCW Ch. 90.48? ACC'S PRELIMINARY LIST OF LEGAL HELSELL FETTERMAN LLP Rachael Paschal Osborn ._-_IR_IIF_, WITNESSES AND EXHIBITS- 1 15o0PugetSound Plaza AttorneyatLaw1325Fourth Avenue 2421 West Mission Ave. ORIGINAL Seattle, WA 98101-2509 Spokane, WA 99201 6. Does the Certification fail to provide reasonable assurance that flow impacts will be appropriately mitigated because the low flow analysis (to date) rests on…
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