PCHB251006655

PCHBPollution Control Hearings Board of the State of Washington

1. I am over the age of 18, am competent to testify, and have personal knowledge of the facts stated herein. 2. I am responding to the brief and declarations submitted by the ACC in reply to Ecology's and the Port of Seattle's (Port) response briefs on the motion for stay. 3. The ACC wrongly assumes that hydrologic monitoring has not commenced downgradient of the embankment. The Port has provided hydrologic monitoring data at wetlands 18 and 38 downgradient of the embankment, in addition to other areas. These data were collected by Hart Crowser, spanning seven monitoring events from March 10, 2000 to January 23, 2001, at eight monitoring wells. Exhibit 1 attached to this declaration is a spreadsheet with containing those data points. The Port also began collecting additional SECOND DECLARATION OF 1 ATTORNEYGENERALOFWASHINGTON Ecology Division ERIK STOCKDALE POBox40117 Olympia, WA 98504-0117 ORIGINAL hydrologic data on the downslope wetlands in February 2001, at the request of the Corps and Ecology. (Second declaration of James Kelley at paragraph 7). 4. The ACC wrongly asserts that the absence of hydrologic data precludes Ecology from being able to develop hydrologic performance standards. The Natural Resource Mitigation Plan contains the performance standards required by Ecology for this element of the project. They are highlighted in the Second Declaration of James Kelley at paragraph 10. declare under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. DATED this q_/Iday of __-'_ _[ _,_.-__/_A__ _------ ERIK…
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