PCHB280007775

PCHBPollution Control Hearings Board of the State of Washington

Stipulation And Agreed Order Of Dismissal filedjointly by the respondent Department of ORDER - ] FOSTER PEPPER _ SHEFELNAN PLLC ] ] ] ] TI]I]_ AYlgNUlg, SUITE 3400 S1--ATrL£ v WASFIIINCTON98101-3299 6 Z06-la7-4=g0 5f1277]St.oa AN 007775 o9.'19_01 16:43 FAX 206 447 9700 F P & S _004 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, PCt-IB No. 01-133. The Board finds as follows: On August 10, 2001, Ecology issued Ecology Or,der 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- 0!-150. At the same time as the Notice Of Appeal wasfiled in Case No. 01-I50, the Port and Ecology filed with the Board a Stipulation And…
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