PCHB33028686A

PCHBPollution Control Hearings Board of the State of Washington

Order Granting Appellant's Motion to Publish Depositions of Ecology Managers and CR 30(b)(6) Designated Witnesses dated March 19, 2002 ACC & CASE v. Dept. of Ecology & Port of Seattle, PCHB No. 01-160 Deponent: Ann Kenny, Department of Ecology Federal Permit Coordinator for the Northwest Regional Office. Date of Deposition: December 20, 2001 and February 20, 2002 1. Admissibility A. Purpose used for or what it will be offered to prove: Ann Kenny coordinated the review of the Port's application for 401 certification by Department of Ecology technical staff and made a recommendation of reasonable assurance to Gordon White. Excerpts of Ms. Kenny's deposition are offered to prove that Ecology lacks reasonable assurance with respect to wetlands mitigation, stormwater management and mitigation, low flow analysis and mitigation and the fill criteria. B. Specific designation (if CR 30(b)(6) deponent): Ms. Kenny's deposition is offered pursuant to CR 30(b)(6) and designated on the following areas: 1. wetlands and wetlands mitigation; 2. stormwater and stormwater mitigation; 3. stream flow analysis and mitigation; and 4. fill criteria. C. Basis for admissibility if challenged by objection: If an objection is attached pursuant to provision 4 below, ACC's and CASE's response is also attached. 2. Excerpting: The following portions of the Kenny deposition are offered by ACC and CASE: Page 5, line 18 through page 15, line 9 Page 19, line 7 through page 24, line 16 Page 25, line 12 through page 35, line 10 AR 028687 Page 37, line 1 through page 43, line…
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