Chapter 16.04 STATE ENVIRONMENTAL POLICY ACT

The town of Concrete adopts this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904. This chapter contains this town’s SEPA procedures and policies. The SEPA rules, Chapter 197-11 WAC, must be used in conjunction with this chapter. [Ord. 436 § 1, 1999]

Article II. General Requirements

16.04.020 Purpose of this part and adoption by reference.

This part contains the basic requirements that apply to the SEPA process. The town of Concrete adopts the following sections of Chapter 197-11 WAC by reference:

WAC

197-11-040 Definitions;

197-11-050 Lead agency;

197-11-055 Timing of the SEPA process;

197-11-060 Content of environmental review;

197-11-070 Limitations on actions during SEPA process;

197-11-080 Incomplete or unavailable information;

197-11-090 Supporting documents;

197-11-100 Information required of applicants;

197-11-158 GMA project review-reliance on existing plans and regulations;

197-11-210 SEPA/GMA integration;

197-11-220 SEPA/GMA definitions;

197-11-228 Overall SEPA/GMA integration procedures;

197-11-230 Timing of an integrated GMA/SEPA process;

197-11-232 SEPA/GMA integration procedures for preliminary planning, environmental analysis, and expanded scoping;

197-11-235 Documents;

197-11-238 Monitoring;

197-11-250 SEPA/Model Toxics Control Act integration;

197-11-253 SEPA lead agency for MTCA actions;

197-11-256 Preliminary evaluation;

197-11-259 Determination of nonsignificance for MTCA remedial actions;

197-11-262 Determination of significance and EIS for MTCA remedial actions;

197-11-265 Early scoping for MTCA remedial actions;

197-11-268 MTCA interim actions.

[Ord. 436 § 2, 1999]

16.04.030 Additional definitions.

In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise:

(1) “Department” means any division, subdivision or organizational unit of the town of Concrete established by ordinance, rule, or order.

(2) “SEPA rules” means Chapter 197-11 WAC adopted by the department of ecology.

(3) “Ordinance” means the ordinance, resolution, or other procedure used by the town of Concrete to adopt regulatory requirements.

(4) “Early notice” means the town’s/county’s response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant’s proposal (mitigated determination of nonsignificance (DNS) procedures). [Ord. 436 § 3, 1999]

16.04.040 Designation of responsible official.

(1) For those proposals for which the town of Concrete is the lead agency, the responsible official shall be the town planner. In the event the position of town planner is vacant, the mayor may designate an “acting” responsible official.

(2) For all proposals for which the town of Concrete is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020.

(3) The town of Concrete shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. [Ord. 436 § 4, 1999]

16.04.050 WAC 173-806-050 – Lead agency determination and responsibilities.

(1) The department within the town of Concrete receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the department is aware that another department or agency is in the process of determining the lead agency.

(2) When the town of Concrete is the lead agency for a proposal, the department receiving the application shall determine the responsible official who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS.

(3) When the town of Concrete is not the lead agency for a proposal, all departments of the town of Concrete shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No town of Concrete department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the town of Concrete may conduct supplemental environmental review under WAC 197-11-600.

(4) If the town of Concrete or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within 14 days of receipt of the determination, or the town of Concrete must petition the department of ecology for a lead agency determination under WAC 197-11-946 within the 15-day time period. Any such petition on behalf of the town of Concrete may be initiated by mayor or town planner.

(5) Departments of the town of Concrete are authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official and any department that will incur responsibilities as the result of such agreement approve the agreement.

(6) Any department making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal. [Ord. 436 § 5, 1999]

16.04.060 WAC 173-806-053 – Transfer of lead agency status to a state agency.

For any proposal for a private project where the town of Concrete would be the lead agency and for which one or more state agencies have jurisdiction, the town of Concrete’s responsible official may elect to transfer the lead agency duties to a state agency. The state agency with jurisdiction appearing first on the priority listing in WAC 197-11-936 shall be the lead agency and the town of Concrete shall be an agency with jurisdiction. To transfer lead agency duties, the town of Concrete’s responsible official must transmit a notice of the transfer together with any relevant information available on the proposal to the appropriate state agency with jurisdiction. The responsible official of the town of Concrete shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal. [Ord. 436 § 6, 1999]

16.04.070 WAC 173-806-058 – Additional timing considerations.

(1) For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the town of Concrete’s staff recommendation to any appropriate advisory body, such as the town council.

(2) If the town of Concrete’s only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the applicant may request in writing that the town of Concrete conduct environmental review prior to submission of the detailed plans and specifications. [Ord. 436 § 7, 1999]

Article III. Categorical Exemptions and Threshold Determinations

16.04.080 Purpose of this part and adoption by reference.

This part contains the rules for deciding whether a proposal has a “probable significant, adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The town of Concrete adopts the following sections by reference, as supplemented in this part:

WAC

197-11-300 Purpose of this part;

197-11-305 Categorical exemptions;

197-11-310 Threshold determination required;

197-11-315 Environmental checklist;

197-11-330 Threshold determination process;

197-11-335 Additional information;

197-11-340 Determination of nonsignificance (DNS);

197-11-350 Mitigated DNS;

197-11-355 Optional DNS process;

197-11-360 Determination of significance (DS)/initiation of scoping;

197-11-390 Effect of threshold determination.

[Ord. 436 § 8, 1999]

16.04.090 Flexible thresholds for categorical exemptions.

(1) The town of Concrete establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(c) based on local conditions:

(a) For residential dwelling units in WAC 197-11-800(1)(b)(i): up to four dwelling units.

(b) For agricultural structures in WAC 197-11-800(1)(b)(ii): up to 10,000 square feet.

(c) For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): up to 4,000 square feet and up to 20 parking spaces.

(d) For parking lots in WAC 197-11-800 (1)(b)(iv): up to 20 parking spaces.

(e) For landfills and excavations in WAC 197-11-800(1)(b)(v): up to 100 cubic yards.

(2) Whenever the town of Concrete establishes new exempt levels under this section, it shall send them to the Department of Ecology, Headquarters Office, Olympia, Washington, 98504, under WAC 197-11-800(1)(c). [Ord. 436 § 9, 1999]

16.04.100 Use of exemptions.

(1) Each department within the town of Concrete that receives an application for a license or, in the case of governmental proposals, the department initiating the proposal, shall determine whether the license and/or the proposal is exempt. The department’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The town of Concrete shall not require completion of an environmental checklist for an exempt proposal.

(2) In determining whether or not a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060). If a proposal includes exempt and nonexempt actions, the department shall determine the lead agency, even if the license application that triggers the department’s consideration is exempt.

(3) If a proposal includes both exempt and nonexempt actions, the town of Concrete may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

(a) The town of Concrete shall not give authorization for:

(i) Any nonexempt action;

(ii) Any action that would have an adverse environmental impact; or

(iii) Any action that would limit the choice of alternatives;

(b) A department may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and

(c) A department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action(s) were not approved. [Ord. 436 § 10, 1999]

16.04.110 Environmental checklist.

(1) Except as provided in subsection (4) of this section, completed environmental checklist (or a copy), in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempted in this chapter; except, a checklist is not needed if the town of Concrete and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The town of Concrete shall use the environmental checklist to determine the lead agency and, if the town of Concrete is the lead agency, for determining the responsible official and for making the threshold determination.

A completed environmental checklist shall be filed at the same time as an application for a permit, license, certificate, or other approval not exempted in this chapter; except, a checklist is not needed if the town of Concrete and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. Except as provided in subsection (4) of this section, the checklist shall be in the form of WAC 197-11-960.

(2) For private proposals, the town of Concrete will require the applicant to complete the environmental checklist, providing assistance as necessary. For town of Concrete proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

(3) The town of Concrete may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal, if either of the following occurs:

(a) The town of Concrete has technical information on a question or questions that is unavailable to the private applicant; or

(b) The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. [Ord. 436 § 11, 1999]

16.04.120 Mitigated DNS.

(1) As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant.

(2) An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must:

(a) Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and

(b) Precede the town’s/county’s actual threshold determination for the proposal.

(3) The responsible official should respond to the request for early notice within 14 working days. The response shall:

(a) Be written;

(b) State whether the town of Concrete currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the town of Concrete to consider a DS; and

(c) State that the applicant may change or clarify the proposal to mitigate the indicated impacts; revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications.

(4) As much as possible, the town of Concrete should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

(5) When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the town of Concrete shall base its threshold determination on the changed or clarified proposal and should make the determination within 15 days of receiving the changed or clarified proposal:

(a) If the town of Concrete indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the town of Concrete shall issue and circulate a DNS under WAC 197-11-340(2).

(b) If the town of Concrete indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the town of Concrete shall make the threshold determination, issuing a DNS or DS as appropriate.

(c) The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent stormwater runoff’ are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate.

(d) Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.

(6) A mitigated DNS is issued under WAC 197-11-340(2), requiring a 14-day comment period and public notice.

(7) Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the town of Concrete.

(8) If the town’s/county’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the town of Concrete should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).

(9) The town’s/county’s written response under subsection (2) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the town of Concrete to consider the clarifications or changes in its threshold determination. [Ord. 436 § 12, 1999]

Article IV. Environmental Impact Statement (EIS)

16.04.130 Purpose of this part and adoption by reference.

This part contains the rules for preparing environmental impact statements. The town of Concrete adopts the following sections by reference, as supplemented by this part:

WAC

197-11-400 Purpose of EIS;

197-11-402 General requirements;

197-11-405 EIS types;

197-11-406 EIS timing;

197-11-408 Scoping;

197-11-410 Expanded scoping (Optional);

197-11-420 EIS preparation;

197-11-425 Style and size;

197-11-430 Format;

197-11-435 Cover letter or memo;

197-11-440 EIS contents;

197-11-442 Contents of EIS on nonproject proposals;

197-11-443 EIS contents when prior nonproject EIS;

197-11-444 Elements of the environment;

197-11-448 Relationship of EIS to other considerations;

197-11-450 Cost-benefit analysis;

197-11-455 Issuance of DEIS;

197-11-460 Issuance of FEIS.

[Ord. 436 § 13, 1999]

16.04.140 Preparation of EIS – Additional considerations.

(1) Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of (department) under the direction of the responsible official. Before the town of Concrete issues an EIS, the responsible official shall be satisfied that it complies with this chapter and Chapter 197-11 WAC.

(2) The DEIS and FEIS or draft and final SEIS shall be prepared by town of Concrete staff, the applicant, or by a consultant selected by the town of Concrete or the applicant. If the responsible official requires an EIS for a proposal and determines that someone other than the town of Concrete will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the town’s/county’s procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution.

(3) The town of Concrete may require an applicant to provide information the town of Concrete does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the town of Concrete may request under another ordinance or statute.) [Ord. 436 § 14, 1999]

16.04.150 Additional elements to be covered in an EIS.

(This entire section is optional. If used, you may select any of the listed elements or add your own.) The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter:

(1) Economy.

(2) Social policy analysis.

(3) Cost-benefit analysis. [Ord. 436 § 15, 1999]

Article V. Commenting

16.04.160 Adoption by reference.

This part contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The town of Concrete adopts the following sections by reference, as supplemented in this part:

WAC

197-11-500 Purpose of this part;

197-11-502 Inviting comment;

197-11-504 Availability and cost of environmental documents;

197-11-508 SEPA register;

197-11-535 Public hearings and meetings;

197-11-545 Effect of no comment;

197-11-550 Specificity of comments;

197-11-560 FEIS response to comments;

197-11-570 Consulted agency costs to assist lead agency.

[Ord. 436 § 16, 1999]

16.04.170 Public notice.

(1) Whenever possible, the town of Concrete shall integrate the public notice required under this section with existing notice procedures for the town of Concrete’s nonexempt permit(s) or approval(s) required for the proposal.

(2) Whenever the town of Concrete issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the town of Concrete shall give public notice as follows:

(a) If a SEPA document is issued concurrently with the notice of application, the public notice requirements for the notice of application will suffice to meet the SEPA public notice requirements.

(b) If no public notice is otherwise required for the permit or approval, the town of Concrete shall give notice of the DNS or DS by:

(i) Posting the property, for site-specific proposals; or

(ii) Publishing notice in a newspaper of general circulation in the county, town, or general area where the proposal is located; or

(iii) Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered; or

(iv) Notifying the news media; or

(v) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; or

(vi) Publishing notice in agency newsletters and/or sending notice to agency mailing lists (either general lists or lists for specific proposals for subject areas).

(c) Whenever the town of Concrete issues a DS under WAC 197-11-360(3), the town of Concrete shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.

(3) If a DNS is issued using the optional DNS process, the public notice requirements for the notice of application as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements.

(4) Whenever the, town of Concrete issues a DEIS under WAC 197-11-455(5) or an SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:

(a) Indicating the availability of the DEIS in any public notice required for a nonexempt license; and

(b) Posting the property, for site-specific proposals; or

(c) Publishing notice in a newspaper of general circulation in the county, town, or general area where the proposal is located; or

(d) Notifying public or private groups which have expressed interest in a certain proposal or in the type of proposal being considered; or

(e) Notifying the news media; or

(f) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; or

(g) Publishing notice in agency newsletters and/or sending notice to agency mailing lists (general lists or specific lists for proposals or subject areas).

(5) The town of Concrete may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. [Ord. 436 § 17, 1999]

16.04.180 Preparation of written comments.

Designation of official to perform consulted agency responsibilities for the town of Concrete.

(1) The town planner shall be responsible for preparation of written comments for the town of Concrete in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.

(2) The town planner shall be responsible for the town of Concrete’s compliance with WAC 197-11-550 whenever the town of Concrete is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the town of Concrete. [Ord. 436 § 18, 1999]

Article VI. Using Existing Environmental Documents

16.04.190 Purpose of this part and adoption by reference.

This part contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the town’s/county’s own environmental compliance. The town of Concrete adopts the following sections by reference:

WAC

197-11-164 Planned actions – Definition and criteria;

197-11-168 Ordinances or resolutions designating planned actions – Procedures for adoption;

197-11-172 Planned actions – Project review;

197-11-600 When to use existing environmental documents;

197-11-610 Use of NEPA documents;

197-11-620 Supplemental environmental impact statement – Procedures;

197-11-625 Addenda – Procedures;

197-11-630 Adoption – Procedures;

197-11-635 Incorporation by reference – Procedures;

197-11-640 Combining documents.

[Ord. 436 § 19, 1999]

Article VII. SEPA and Agency Decisions

16.04.200 Purpose of this part and adoption by reference.

This part contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The town of Concrete adopts the following sections by reference:

WAC

197-11-650 Purpose of this part;

197-11-655 Implementation;

197-11-660 Substantive authority and mitigation;

197-11-680 Appeals.

[Ord. 436 § 19, 1999]

16.04.210 Substantive authority.

(1) The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the town of Concrete.

(2) The town of Concrete may attach conditions to a permit or approval for a proposal so long as:

(a) Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and

(b) Such conditions are in writing; and

(d) The town of Concrete has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and

(e) Such conditions are based on one or more policies in subsection (4) of this section and cited in the license or other decision document.

(3) The town of Concrete may deny a permit or approval for a proposal on the basis of SEPA so long as:

(a) A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in an FEIS or final SEIS prepared pursuant to this chapter; and

(b) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and

(c) The denial is based on one or more policies identified in subsection (4) of this section and identified in writing in the decision document.

(4) The town of Concrete designates and adopts by reference the following policies as the basis for the town’s/county’s exercise of authority pursuant to this section:

(a) The town of Concrete shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may:

(i) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;

(ii) Assure for all people of Washington safe, healthful, productive, and aesthetically and culturally pleasing surroundings;

(iii) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences;

(iv) Preserve important historic, cultural, and natural aspects, of our national heritage;

(v) Maintain, wherever possible, an environment which supports diversity and variety of individual choice;

(vi) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and

(vii) Enhance the quality of renewable resources and approach the maximum attainable recycling of depletable resources.

(b) The town of Concrete recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

(c) The town of Concrete adopts by reference the policies in the town of Concrete comprehensive land use plan, water capital facilities plan, sewer capital facilities plan, zoning ordinances, subdivision ordinances, and public works construction standards ordinances.

(5) Except for permits and variances issued pursuant to the town of Concrete ordinances relating to shoreline management, when any proposal or action not requiring a decision of the town of Concrete town council is conditioned or denied on the basis of SEPA by a nonelected official, the decision shall be appealable to the town of Concrete town council. Such appeal may be perfected by the proponent or any aggrieved party by giving notice to the responsible official within 14 days of the decision being appealed. Review by the town of Concrete town council shall be on a de novo basis. [Ord. 436 § 20, 1999]

16.04.220 Appeals.

(1) The town of Concrete establishes the following administrative appeal procedures under RCW 43.21C.075 and WAC 197-11-680:

(a) Any agency or person may appeal the town’s/county’s procedural compliance with Chapter 197-11 WAC for issuance of the following:

(i) A final DNS: Appeal of the DNS must be made to the town council within 14 days of the date the permit or other approval is issued.

(ii) A DS: The appeal must be made to the town council within 14 days of the date the DS is issued.

(iii) An EIS: Appeal of the FEIS must be made to the town council within 30 days of the date the permit or other approval is issued.

(b) For any appeal under this subsection, the town of Concrete shall provide for a record that shall consist of the following:

(i) Findings and conclusions;

(ii) Testimony under oath; and

(iii) A taped or written transcript.

(d) The procedural determination by the town’s/county’s responsible official shall carry substantial weight in any appeal proceeding.

(2) The town of Concrete shall give official notice under WAC 197-11-680(5) whenever it issues a permit or approval for which a statute or ordinance establishes a time limit for commencing judicial appeal. [Ord. 436 § 21, 1999]

16.04.230 Notice/statute of limitations.

(1) The town of Concrete, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action.

(2) The form of the notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the town clerk, applicant or proponent pursuant to RCW 43.21C.080. [Ord. 436 § 22, 1999]

Article VIII. Definitions

16.04.240 Purpose of this part and adoption by reference.

This part contains uniform usage and definitions of terms under SEPA. The town of Concrete adopts the following sections by reference, as supplemented by WAC 173-806-040:

WAC

197-11-700 Definitions;

197-11-702 Act;

197-11-704 Action;

197-11-706 Addendum;

197-11-708 Adoption;

197-11-710 Affected tribe;

197-11-712 Affecting;

197-11-714 Agency;

197-11-716 Applicant;

197-11-718 Built environment;

197-11-720 Categorical exemption;

197-11-721 Closed record appeal;

197-11-722 Consolidated appeal;

197-11-724 Consulted agency;

197-11-726 Cost-benefit analysis;

197-11-728 County/city;

197-11-730 Decision maker;

197-11-732 Department;

197-11-734 Determination of nonsignificance (DNS);

197-11-736 Determination of significance (DS);

197-11-738 EIS;

197-11-740 Environment;

197-11-742 Environmental checklist;

197-11-744 Environmental document;

197-11-746 Environmental review;

197-11-750 Expanded scoping;

197-11-752 Impacts;

197-11-754 Incorporation by reference;

197-11-756 Lands covered by water;

197-11-758 Lead agency;

197-11-760 License;

197-11-762 Local agency;

197-11-764 Major action;

197-11-766 Mitigated DNS;

197-11-768 Mitigation;

197-11-770 Natural environment;

197-11-772 NEPA;

197-11-774 Nonproject;

197-11-775 Open record hearing;

197-11-776 Phased review;

197-11-778 Preparation;

197-11-780 Private project;

197-11-782 Probable;

197-11-784 Proposal;

197-11-786 Reasonable alternative;

197-11-788 Responsible official;

197-11-790 SEPA;

197-11-792 Scope;

197-11-793 Scoping;

197-11-794 Significant;

197-11-796 State agency;

197-11-797 Threshold determination;

197-11-799 Underlying governmental action.

[Ord. 436 § 23, 1999]

Article IX. Categorical Exemptions

16.04.250 Adoption by reference.

The town of Concrete adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-070 (Flexible thresholds), WAC 173-806-080 (Use of exemptions), and WAC 173-806-190 (Critical areas):

WAC

197-11-800 Categorical exemptions;

197-11-880 Emergencies;

197-11-890 Petitioning DOE to change exemptions.

[Ord. 436 § 24, 1999]

Article X. Agency Compliance

16.04.260 Purpose of this part and adoption by reference.

This part contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, designating categorical exemptions that do not apply within critical areas, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The town of Concrete adopts the following sections by reference, as supplemented by WAC 173-806-043 through 173-806-045 and this part:

WAC

197-11-900 Purpose of this part;

197-11-902 Agency SEPA policies;

197-11-916 Application to ongoing actions;

197-11-920 Agencies with environmental expertise;

197-11-922 Lead agency rules;

197-11-924 Determining the lead agency;

197-11-926 Lead agency for governmental proposals;

197-11-928 Lead agency for public and private proposals;

197-11-930 Lead agency for private projects with one agency with jurisdiction;

197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city;

197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies;

197-11-936 Lead agency for private projects requiring licenses from more than one state agency;

197-11-938 Lead agencies for specific proposals;

197-11-940 Transfer of lead agency status to a state agency;

197-11-942 Agreements on lead agency status;

197-11-944 Agreements on division of lead agency duties;

197-11-946 DOE resolution of lead agency disputes;

197-11-948 Assumption of lead agency status.

[Ord. 436 § 25, 1999]

16.04.270 Fees.

The town of Concrete shall require the following fees for its activities in accordance with the provisions of this chapter:

(1) Threshold Determination. For every environmental checklist the town of Concrete will review when it is lead agency, the town council of the town of Concrete shall set by annual resolution* a fee to be collected from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee. When the town of Concrete completes the environmental checklist at the applicant’s request or under WAC 173-806-090(3), an additional fee as set by annual resolution* of the town council shall be collected.

(2) Environmental Impact Statement.

(a) When the town of Concrete is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the town of Concrete, the town of Concrete may charge and collect a reasonable fee from any applicant to cover costs incurred by the town of Concrete in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.

(b) The responsible official may determine that the town of Concrete will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the town of Concrete and may bill such costs and expenses directly to the applicant. The town of Concrete may require the applicant to post bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the town of Concrete and applicant after a call for proposals.

(c) If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (2)(a) or (b) of this section which remain after incurred costs are paid.

(3) The town of Concrete may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant’s proposal.

(4) The town of Concrete shall not collect a fee for performing its duties as a consulted agency.

(5) The town of Concrete may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. [Ord. 515 § 9, 2003; Ord. 436 § 27, 1999]

*Code reviser’s note: The resolution setting these fees is available for review at Town Hall.

Article XI. Forms

16.04.280 Adoption by reference.

The town of Concrete adopts the following forms and sections by reference:

WAC

197-11-960 Environmental checklist;

197-11-965 Adoption notice;

197-11-970 Determination of nonsignificance (DNS);

197-11-980 Determination of significance and scoping notice (DS);

197-11-985 Notice of assumption of lead agency status;

197-11-990 Notice of action.

[Ord. 436 § 30, 1999]