PCHB279007768

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Sea-Tac Airport
Third Runway
PCHBPollution Control Hearings Board of the State of Washington

Stipulation And Agreed Order Of Dismissal filed jointly by the respondent Department of ORDER - 1 FOSTER PEPPER 6' SHEFELMAN PLLC 1111 THIRD AVENUE, SUITE 3400 SEATTLE, WASHINGTON 98101-3299 * 206-447-4400 AR 007768 50277180.04 J Ecology ("Ecology") and appellant Port of Seattle ("Port"). The Board has considered the agreed order and the arguments of counsel in both this case and in the related case of Airport Communities Coalition v. Department of Ecology and Port of Seattle, PCHB No. 01-133. The Board finds as follows: On August 10, 2001, Ecology issued Ecology Order No. 1996-4-02325, which included a water quality certification under Section 401 of the Federal Water Pollution Control Act and a concurrency statement under Section 307 of the Coastal Zone Management Act of 1972 (the "401 Certification"). On August 23, 2001, the Airport Communities Coalition ("ACC") filed a Notice Of Appeal of that 401 Certification with the Board. That appeal has been given PCHB Case No. 01-133. On September 12, 2001, the ACC filed with the Board a Motion For Stay of the 401 Certification, along with an accompanying memorandum of authorities and supporting declarations. On September 10, 2001, the Port filed a Notice of Appeal of the 401 Certification with the Board. That appeal has been given PCHB Case No. 01-150. At the same time as the Notice Of Appeal was filed in Case No. 01-150, the Port and Ecology filed with the Board a Stipulation And Agreed Order Of Dismissal, in which Ecology and the Port agreed…

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