Chapter 17.220 SEPA POLICIES AND GUIDELINES

(1) When the town receives an application for or initiates a proposal as that involves a nonexempt action the director shall determine the lead agency for that proposal under WAC 197-11-050, 197-11-253, and 197-11-922 through 197-11-940, unless the lead agency has been previously determined or the director is aware that another agency is in the process of determining the lead agency.

(2) When the town is not the lead agency for a proposal, all departments of the town 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 department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless the town determines a supplemental environmental review is necessary under WAC 197-11-600.

(3) If the town or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-253 or 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 15 days of receipt of the determination, or the town 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 may be initiated by the responsible official or any department.

(4) The responsible official is authorized to make agreements as to lead agency status or shared lead agency’s duties for a proposal under WAC 197-11-942 and 197-11-944.

(5) When making a lead agency determination for a private project, the responsible official or department making such determination shall require sufficient information from the applicant to identify other agencies with jurisdiction (i.e., agencies that require nonexempt licenses). (Ord. 536 § 1 (§ 48.02), 2000)

17.220.030 Transfer of lead agency status to a state agency.

For any proposal for a private project where the town would be the lead agency and for which one or more state agencies have jurisdiction, the town’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 shall be an agency with jurisdiction. To transfer lead agency duties, the town’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 shall also give notice of the transfer to the private applicant and any other agencies with jurisdiction over the proposal.

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-053, filed 6/15/84. Formerly WAC 173-805-053.]

(Ord. 536 § 1 (§ 48.03), 2000)

17.220.040 Categorical exemptions and threshold determinations – Adoption by reference.

The town adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, by reference as supplemented in this chapter:

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.

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-065, filed 6/15/84. Formerly WAC 173-805-020.]

(Ord. 536 § 1 (§ 48.04), 2000)

17.220.050 Categorical exemptions – Adoption by reference.

The town adopts the following rules for categorical exemption of Chapter 197-11 WAC, as now existing or hereafter amended, by reference, as supplemented in this chapter, including CDMC 17.220.060 and 17.220.070:

WAC

197-11-800 Categorical exemptions.

197-11-880 Emergencies.

197-11-890 Petitioning DOE to change exemptions.

(Ord. 536 § 1 (§ 48.05), 2000)

17.220.060 Categorical exemptions – Flexible thresholds.

(1) The town establishes the following exempt levels for minor new construction 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)(iii) up to 10,000 square feet;

(c) For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iv) 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) The responsible official shall send copies of all adopted flexible thresholds to the Department of Ecology, Headquarters Office, Olympia, Washington.

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84 25), § 173-806-070, filed 6/15/84. Formerly Chapter 173-805 WAC.]

(Ord. 536 § 1 (§ 48.06), 2000)

17.220.070 Categorical exemptions – Determination.

(1) When the town receives an application for a license or, in the case of governmental proposals, a department initiates a proposal, the director shall determine whether the license and/or the proposal is exempt. The 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 shall apply to the proposal.

(2) In determining whether or not a proposal is exempt, the director 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 director shall determine the lead agency, even if the license application that triggers the town’s consideration is exempt.

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

(a) The town 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) The town may withhold approval of any permit, application or proposal, the basis of which is an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if the nonexempt actions were not approved;

(c) The town may withhold approval of any permit, application, or proposal, the basis of which is an exempt action that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if the nonexempt actions were not approved.

[Statutory Authority: RCW 43.21C.130. 84-13036 (Order DE 84 25), § 173-806-080, filed 6/15/84. Formerly WAC 173-805-060.]

(Ord. 536 § 1 (§ 48.07), 2000)

17.220.080 Determination – Review at conceptual stage.

(1) If the town’s only action of 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 conduct environmental review prior to submission of the detailed plans and specifications. However, an application may not be deemed complete until final submission of the plans and specifications.

(2) In addition to the environmental documents, an applicant shall submit the following information for early environmental review:

(a) A copy of any permit or license application;

(b) Other information as the responsible official may determine. (Ord. 536 § 1 (§ 48.08), 2000)

17.220.090 Threshold determination – Environmental checklist.

(1) A 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 exempted by this chapter. The checklist shall be in the form provided in WAC 197-11-960 with such additions that may be required by the director in accordance with WAC 197-11-906(4).

(2) A checklist is not needed if the town and the applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency.

(3) For private proposals, the applicant is required to complete the environmental checklist. The town may provide assistance as necessary. For town proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

(4) The town may decide to complete all or part of the environmental checklist for a private proposal, if any of the following occurs:

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

(b) The applicant has provided inadequate or inaccurate information on previous proposals or on proposals currently under consideration.

(5) The applicant shall pay the town the actual costs of providing information under subsection (4)(b) of this section.

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-090, filed 6/15/84. Formerly WAC 173-805-090.]

(Ord. 536 § 1 (§ 48.09), 2000)

17.220.100 Threshold determinations – Mitigated DNS.

(1) The responsible official may issue a determination of nonsignificance (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 actual threshold determination for the proposal.

(3) The responsible official’s response to the request for early notice shall:

(a) State whether the town 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 to consider a DS; and

(b) 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) When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the town shall base its threshold determination on the changed or clarified proposal.

(a) If the town 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 shall issue and circulate a DNS if the town determines that no additional information or mitigation measures are required.

(b) If the town indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the town 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.

(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.

(5) A mitigated DNS is issued under either WAC 197-11-340(2), requiring a 14-day comment period and public notice, or WAC 197-11-355, which may require no additional comment period beyond the comment period on the notice of application.

(6) Mitigation measures incorporated in the mitigated DNS shall be deemed in conditions of approval of the licensing 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. Failure to comply with the designated mitigation measures shall be grounds for suspension and/or revocation of any license issued.

(7) If the town’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 should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) relating to the withdrawal of a DNS.

(8) The town’s written response under subsection (3) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarification or changes to a proposal, as opposed to a written request for early notice, shall not bind the town to consider the clarifications or changes in its threshold determination.

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-100, filed 6/15/84. Formerly Chapter 173-805 WAC.]

(Ord. 536 § 1 (§ 48.10), 2000)

17.220.110 Environmental impact statement (EIS) – Adoption by reference.

The city 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.

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-110, filed 6/15/84. Formerly WAC 173-805-020.]

(Ord. 536 § 1 (§ 48.11), 2000)

17.220.120 EIS – Additional elements.

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 title:

(1) Economy.

(2) Social policy analysis.

(3) Cost-benefit analysis.

(4) Such other elements as may be required by the director. (Ord. 536 § 1 (§ 48.12), 2000)

17.220.130 EIS – Preparation.

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

(2) The DEIS, FEIS, and SEIS shall be prepared at the town’s option by the town staff, the applicant or by a consultant approved by the town. If the director requires an EIS for a proposal and determines that someone other than the town 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 procedure for EIS preparation, including approval of the draft and final EIS prior to distribution.

(3) The town may require an applicant to provide additional information which the town does not possess, including information which must be obtained by specific investigations. This provision is not intended to expand or limit an applicant’s other obligations under WAC 197-11-100. An applicant shall not be required to produce information under this provision which is not specifically required by this chapter; however, the applicant is not relieved of the duty to supply any other information required by statute, regulation or ordinance.

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-125, filed 6/15/84. Formerly WAC 173-805-105.]

(Ord. 536 § 1 (§ 48.13), 2000)

17.220.140 EIS commenting – Adoptions by reference.

The town adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, by reference as supplemented in this chapter:

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.

197-11-510 Public notice.

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.

[Statutory Authority: RCW 43.21C.130. 84 13 036 (Order DE 84-25), § 173-806-128, filed 6/15/84. Formerly WAC 173-805-020.]

(Ord. 536 § 1 (§ 48.14), 2000)

17.220.150 Public notice.

(1) Whenever public notice is required pursuant to Chapter 197-11 WAC, the town shall follow the procedures set forth in this section; however, notices should be combined with notices of application and public hearing notices whenever possible or indicated in other parts of this title.

(2) Public notice for SEPA will be given in the following situations:

(a) When the responsible official issues a threshold determination;

(b) When a draft EIS (DEIS) is available for public comment;

(d) When the town commences scoping;

(e) Whenever the responsible official determines that public notice is required.

(3) The town shall give public notice according to CDMC 17.185.040 and Chapter 17.190 CDMC.

(4) The responsible official shall maintain a list of all threshold determinations known as the “Town of Coulee Dam SEPA Register.” The register shall be available for public inspection during normal working hours.

(5) Notice of public hearings shall be published no later than 14 days before the hearing. Notice of public hearings on nonproject proposals shall be published in a newspaper of general circulation in the town.

(6) The town may require an applicant to compensate the town for the costs of compliance with public notice requirements for the applicant’s proposal or provide services and materials to assist. (Ord. 536 § 1 (§ 48.15), 2000)

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

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

(2) The director shall be responsible for the town’s compliance with WAC 197-11-550 whenever the town 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.

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-140, filed 6/15/84. Formerly WAC 173-805-110.]

(Ord. 536 § 1 (§ 48.16), 2000)

17.220.170 Using existing environmental documents – Adoption by reference.

The town adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, 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.

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-150, filed 6/15/84. Formerly WAC 173-805-020.]

(Ord. 536 § 1 (§ 48.17), 2000)

17.220.180 SEPA decisions – Adoption by reference.

The town adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, 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.

197-11-700 Definitions.

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-155, filed 6/15/84. Formerly WAC 173-805-020.]

(Ord. 536 § 1 (§ 48.18), 2000)

17.220.190 SEPA decisions.

For nonexempt proposals, the DNS or draft EIS for the proposal shall accompany the town staff’s recommendation. If a final EIS is or becomes available, it shall be substituted for the draft. (Ord. 536 § 1 (§ 48.19), 2000)

17.220.200 SEPA decision – Substantive authority.

(1) The town may attach conditions to a permit or approval for a proposal provided:

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

(b) Such conditions are in writing; and

(d) The town 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 this section and cited in the permit, approval, license or other decision document.

(2) The town 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 a 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 CDMC 17.220.210 and identified in writing in the decision document. (Ord. 536 § 1 (§ 48.20), 2000)

17.220.210 SEPA – Policies.

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

(2) The town adopts by reference the policies in the following statute, town codes, ordinances, resolutions and plans, as now existing or hereafter amended, as a possible basis for the exercise of substantive authority in the conditioning or denying of proposals:

(a) Chapter 43.21C RCW, State Environmental Policy Act.

(b) Divisions 1 through 9 of this title.

(d) Six year transportation improvement plan, town of Coulee Dam.

(e) Coulee Dam comprehensive plan.

(3) The town designates and adopts the following policies as the basis for the town’s exercise of authority pursuant to this section:

(a) The town shall use all practical 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 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. (Ord. 536 § 1 (§ 48.21), 2000)

17.220.220 SEPA appeals.

(1) Detailed appeal provisions are set forth in RCW 43.21C.060, 43.21C.075 and 43.21C.080 and WAC 197-11-680. The appeals procedures contained herein are intended to provide a local administrative appeals process while attempting to construe and interpret statutory authority. Persons considering either administrative or judicial appeal which involves SEPA at all are advised to read the statutory and administrative sections cited above.

(2) Parties of record may file an administrative appeal of SEPA determinations made by the town, as specified below and in other parts of this title:

(a) Appeals linked to project permit applications shall be consolidated with the underlying project permit decision as specified in CDMC 17.205.020 and shall be made within the time frame set forth in CDMC 17.205.040.

(b) Only final threshold decisions and a final EIS may be appealed, and such appeals may be made prior to the town’s final decision on a proposed action. Intermediate steps such as lead agency determination, scoping, and the draft EIS, may not be appealed.

(d) For threshold determinations issued prior to a decision on a project action, an administrative appeal shall be filed within 14 days after notice is issued that the determination has been made and is appealable.

(e) If the town has made a decision on the proposed project permit action, the SEPA appeal shall consolidate any allowed appeals of procedural and substantive determinations related to the proposed action as set forth in Chapter 17.205 CDMC.

(f) The following appeals of SEPA procedural or substantive determinations need not be consolidated with a hearing or appeal on the underlying government action:

(i) An appeal of a determination of significance;

(ii) An appeal of a procedural determination made by the town when the town is a project proponent, or is funding a project, and chooses to conduct its review under SEPA, including any appeals of its procedural determinations, prior to submitting an application for a project permit. Subsequent appeals of substantive determinations by an agency with jurisdiction over the proposed project shall be allowed under the SEPA appeal procedures of the agency with jurisdiction;

(iii) An appeal of a procedural determination made by the town on a project action; and

(iv) An appeal to the legislative authority under RCW 43.21C.060 or other applicable state statutes.

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

(a) Findings and conclusions;

(b) Testimony under oath; and

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

(5) The town 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.

(6) Following the town’s final SEPA determination, the town, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. 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. If used for a permit or approval for which a statute or ordinance does not establish a time limit for commencing judicial review, the date of publication of the notice of action shall establish the time limit for judicial appeal. (Ord. 536 § 1 (§ 48.22), 2000)

17.220.230 Definitions – Adoption by reference.

The town adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, by reference, as supplemented in this chapter:

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.

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84 25), § 173-806-175, filed 6/15/84. Formerly WAC 173-805-020.]

(Ord. 536 § 1 (§ 48.23), 2000)

17.220.040 Compliance with SEPA – Adoption by reference.

The town adopts the following sections of Chapter 197-11 WAC, as now existing or hereafter amended, by reference, as supplemented in this chapter:

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.

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-185, filed 6/15/84. Formerly WAC 173-805-020.]

(Ord. 536 § 1 (§ 48.24), 2000)

17.220.250 Critical areas.

(1) The town has selected certain categorical exemptions that will not apply in one or more critical areas identified in the critical areas ordinances required under RCW 36.70A.060. For each critical area listed below, the exemptions within WAC 197-11-800 that are inapplicable for that area are:

(a) Wetlands. WAC 197-11-800(1), (2)(a) through (2)(h), (6)(a), (24)(a) through (24)(g), (25)(d), (25)(f), (25)(h), and (25)(i).

(b) Critical Aquifer Recharge Areas. WAC 197-11-800(1), (2)(a) through (2)(h), (6)(a), (24)(a) through (24)(g), (25)(d), (25)(f), (25)(h), and (25)(i).

(c) Fish and Wildlife Conservation Areas. AC 197-11-800(1), (2)(a) through (2)(h), (6)(a), (24)(a) through (24)(g), (25)(d), (25)(f), (25)(h), and (25)(i).

(d) Frequently Flooded Areas. WAC 197-11-800(1), (2)(a) through (2)(h), (6)(a), (24)(a) through (24)(g), (25)(d), (25)(f), and (25)(h).

(e) Geologically Hazardous Areas. WAC 197-11-800(1), (2)(a), (6)(a), (24)(a) through (24)(g), (25)(d), (25)(f), and (25)(h).

(2) The scope of environmental review of actions within these areas shall be limited to:

(a) Documenting whether the proposal is consistent with the requirements of the critical areas ordinance; and

(b) Evaluating potentially significant impacts on the critical area resources not adequately addressed by GMA planning documents and development regulations, if any, including any additional mitigation measures needed to protect the critical areas in order to achieve consistency with SEPA and with other applicable environmental review laws.

(3) All categorical exemptions not listed in subsection (1)(a) of this section apply whether or not the proposal will be located in a critical area.

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-190, filed 6/15/84. Formerly WAC 173-805-050.]

(Ord. 536 § 1 (§ 48.25), 2000)

17.220.260 Forms – Adoption by reference.

The town adopts the following forms and sections of Chapter 197-11 WAC, as now existing or hereafter amended, 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.

[Statutory Authority: RCW 43.21C.130. 84-13-036 (Order DE 84-25), § 173-806-230, filed 6/15/84. Formerly WAC 173-805-020.]

(Ord. 536 § 1 (§ 48.26), 2000)

17.220.270 Responsible official.

For those proposals for which the town is the lead agency according to the SEPA rules, the director shall be the responsible SEPA official and 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 have been adopted by reference, and/or SEPA-related duties described in this title. (Ord. 536 § 1 (§ 48.27), 2000)