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8 <br /> 4.5.1.1 The Parties recognize that WDOE has not issued a <br /> 401.Certification or CZMA Cogsisteppy.I etermination retated to <br /> the Project License. Pursuant to FERC regulations,the Licensee <br /> will request a Section 401 Water Quality Certification from <br /> WDOE. By entering this Settlement Agreement,WDOE is not <br /> making a pre-decisional determination of the outcome of the 401 <br /> Certification and CZMA Consistency Determination. <br /> 4.5.1.2 As to the Licensee's application for a 401 Certification,the Parties, <br /> other that WDOE,respectfully request that WDOE accept and <br /> incorporate,without Material Modifications,as conditions to the <br /> Section 401 Certification issued to the District,all Proposed <br /> License Articles that are within the WDOE's jurisdiction pursuant <br /> to Section 401 of the CWA.The Parties further request that <br /> WDOE not include as conditions to the 401 Certification <br /> conditions that constitute a Material Modification of the Project <br /> License. <br /> 4.5.1.3 Consistent with section 4.5.1.1 of this Settlement Agreement, <br /> WDOE anticipates,based upon existing analyses and information, <br /> that the Proposed License Articles will be consistent with Section <br /> 401 of the CWA,the CZMA,the Shoreline Management Act,and <br /> Snohomish County Shoreline Management Master Program. <br /> 4.5.1.4 WDOE reserves the right to amend this Certification by further <br /> Administrative Order if it determines that,based upon new <br /> information,the provisions hereof are no longer adequate to <br /> provide reasonable assurance of compliance with applicable water <br /> quality standards or other appropriate requirements of state law. <br /> New information may included(but will not limited to)future <br /> upstream fish migration barriers in the Sultan River resulting from <br /> future landslides,so long as such barriers have a project nexus and <br /> are not modified by Licensee through the implementation of A-LA <br /> 12. Amendments shall be appealable to the Pollution Control <br /> Hearings Board pursuant to RCW 43.21B. <br /> 4.5.2 Section 401 Certification or CZMA Consistency Determination <br /> Inconsistent with Settlement Agreement <br /> 4.5.2.1 If WDOE denies with prejudice the Licensee's request for a <br /> Section 401 Certification or CZMA Consistency Determination, <br /> and such denial becomes final or is affirmed by a final and non- <br /> appealable administrative or judicial decision,and therefore <br /> prevents licensing of the Project,this Settlement Agreement shall <br /> terminate. <br /> DRAFT—CONFIDENTIAL <br /> SETTLEMENT DOCUMENT- 12 <br /> 50 <br />