PCHB250006651

Pursuant to the Agreed Order Re Recission of 402 Certification entered by the Board on September 21, 2001, the Department of Ecology (Ecology) submits this sur-reply brief. As per that order, the sur-reply confines itself to responding to the new issues raised in the ACC's reply brief. If a determination by Ecology that, in issuing a 401 Certification, it has reasonable assurance that water quality standards will be met by the proposed project could be rebutted by misstatements and misconstruing the record, then the ACC would be entitled to its stay. However, as this Board has indicated in its prior 401 Certification decisions, much more is needed to overcome Ecology's finding of reasonable assurance. Addressing the new issues it asserts are created by the Amended 401 Certification, the ACC continues to rest its case on ECOLOGY'S SUR-REPLY TO 1 ATTORNEY GENERAL OF WASHINGTON Ecology Division ACC'S MOTION FOR STAY po Box 40117 Olympia, WA 98504-0117 ORIGINAL FAX(360)586-6760 misstatement and inaccurate renditions of the record. The Board should deny the ACC's request for a stay of the Amended 401 Certification. ARGUMENT A. The Amended 401 Certification Does Not Lessen The Protectiveness Of The Acceptable Fill Criteria. The ACC asserts that the addition of a provision in Condition E, which sets forth the6 protocols that the Port of Seattle (Port) must follow when selecting fill material for placement in the Third Runway embankment, lessens the stringency of that provision. However,8 consistent with the allegations in its opening brief, the ACC simply ignores…

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PSCAA Advisory Council Meeting Agenda
Add to CalendarMWednesday Mar 11, 9:00am - 11:35am
1904 3rd Avenue, Suite 105, Seattle, WA 98101
Call to order – Roll Call – Quorum Established – Land Acknowledgement We would like to acknowledge that our Agency operates in four present-day counties, which are the traditional lands of the Coast Salish people, past and present. This acknowledgement does not take the place of authentic relationships with indigenous communities in our jurisdiction and [...]