TagPort Of Seattle(2410)

Ecology’s response filed before the Pollution Control Hearings Board (PCHB No. 01-160) opposing ACC’s motion in limine to exclude testimony of Dave Garland regarding the Port of Seattle’s December 2001 Low Flow Plan and groundwater modeling for embankment fill. Ecology argues ACC was aware of Garland’s role through interrogatory answers, his January 9, 2002 deposition,

Respondent Washington State Department of Ecology concurs with and joins Port Of Seattle’s response to Appellants’ Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) Motion in Limine to Exclude “Late-Produced” Plans and Reports, filed March 15, 2002 in PCHB No. 01-160. Signed by Assistant Attorneys General Jeff B. Kray (WSBA #22174), Joan M.

State of Washington Department of Ecology’s response opposing Airport Communities Coalition (ACC) motion under CR 32(a)(2) to publish over 1,424 pages of deposition transcripts in lieu of direct testimony in PCHB No. 01-160. Ecology argues depositions of Fitzsimmons, White, Hellwig, Kenny, Stockdale, Drabek, Fitzpatrick, and Kmet are inadmissible, that ACC failed to timely file the

Port Of Seattle’s response brief filed in PCHB case 01-160 opposing ACC and CASE motion in limine to exclude 17 exhibits as ‘late-produced.’ Port argues the Board’s October 30, 2001 prehearing order deadlines (November 15, 2001 identification, February 1, 2002 completion) apply only to plans and reports prepared ‘pursuant to the §401 Certification,’ not all

Port Of Seattle’s response filed March 15, 2002 to Appellants’ motion to strike the Port’s pre-hearing brief in PCHB No. 01-160. Port argues the Board should deny the motion, noting that ACC and CASE jointly filed a 60-page brief by combining their page allowances and used 117 single-spaced 10-point footnotes containing substantive argument to circumvent

Pollution Control Hearings Board (PCHB) Order in case PCHB No. 01-160, granting Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE) motion in limine to exclude late-filed plans and reports submitted by respondents State of Washington Department of Ecology and Port Of Seattle. Excluded exhibits include Exhibit No. 1320 (Embankment Modeling Report), Exhibit No.

Prefiled direct testimony of James C. Kelley, Ph.D. (Parametrix, Inc.) submitted to the Pollution Control Hearings Board (PCHB) for the State of Washington, Case No. PCHB 01-160, on behalf of respondents Department of Ecology and Port Of Seattle, against appellants Airport Communities Coalition (ACC) and Citizens Against Sea-Tac Expansion (CASE). Kelley testifies as principal consulting

Declaration by Michael P. Witek (Helsell Fetterman LLP) filed before the Pollution Control Hearings Board (PCHB), Case No. 01-160, in support of Airport Communities Coalition (ACC) motion to publish depositions of Ecology managers and CR30(b)(6) designated witnesses. Relates to Section 401 Certification No. 1996-4-02325 and CZMA concurrency statement issued August 10, 2001, reissued September 21,

Port Of Seattle’s anticipated order of witnesses filed with the Pollution Control Hearings Board (PCHB), case No. PCHB 01-160, Airport Communities Coalition v. Department of Ecology and Port Of Seattle, dated March 14, 2002. Lists 16 witnesses including Elizabeth M. Leavitt, Keith Smith, Charles S. Wisdom Ph.D., Donald E. Weitkamp Ph.D., Paul S. Fendt P.E.,

Port Of Seattle submits errata to the Pollution Control Hearings Board (PCHB 01-160) correcting prefiled testimony of James C. Kelley, Ph.D. and Joseph Brascher. Kelley’s testimony contained typographical errors on three pages; Brascher’s testimony omitted the final two lines of paragraph 39 due to computer pagination differences. Corrected testimony addresses wetland delineation, ACOE field review,