PCHB253006737

FOR THE STATE OF WASHINGTON -,-_,,,,, _ _ -,_ tM _i__'qTAL AIRPORT COMMUNITIES COALITION, ) No. 01-133 _|_:¢t_iI'qU " OFF][_II_, ) No. 01-160 Appellant, ) ) ACC'S REPLY MEMORANDUM IN v. ) SUPPORT OF ITS MOTION FOR A ) STAY DEPARTMENT OF ECOLOGY and )7 THE PORT OF SEATTLE, ) Section 401 Certification No. ) 1996-4-02325 and CZMA Respondents. ) concurrency statement, issued ) August 10, 2001, Reissued September ) 21, 2001, under No. 1996-4-02325 ) (Amended-I)) "'Our AAG (JM) [Joan Marchioro] has indicated she/the office will support any policy position we choose to adopt, but she is currently advising we require the water right. Part of the JM argument is that this "fix" under the 401 triggers the water code, and we need certainty around the "fix" for reasonable assurance. Also, JM says, unlike a 402 permit, the 401 calls in other state laws to help protect WQ -- this requirement for mitigation may be a key point." 2o Ray Hellwig's April 3, 2001, Notes, DOE Senior Management Team meeting (Ex. A to Eglick Decl). "Consequently, in drafting a 401 certification, the 401 program must be able to conclude that BMPs will actually result in compliance with WQSs.23 Email from Assistant Attorney General Ron Lavigne to Ann Kenny, et al., dated April 30, 1999 (Ex. L to Eglick Decl.). ORIGINAL INTRODUCTION Section401 of the Clean Water Act requires the state to certify that there is reasonable assurance that a proposal will not result in violation of state water quality…

Open full document

Upcoming Events

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 [...]