Chapter 13.04
STATE ENVIRONMENTAL POLICY ACT

Sections:

13.04.010    Authority.

13.04.020    Adoption of portions of Washington Administrative Code.

13.04.030    Definitions.

13.04.040    Designation of responsible official.

13.04.050    Lead agency determination and responsibilities.

13.04.060    Additional timing considerations.

13.04.070    Categorical exemptions and threshold determinations.

13.04.080    Thresholds for categorical exemptions.

13.04.090    Use of exemptions.

13.04.100    Environmental checklist.

13.04.110    Mitigated DNS.

13.04.120    Environmental impact statement (EIS).

13.04.130    Preparation of EIS.

13.04.140    Consultation, comment and response.

13.04.150    Public notice.

13.04.160    Consulted agency responsibilities—Designation of official.

13.04.170    Use and supplementation of existing environmental documents—Rules.

13.04.180    SEPA and agency determinations—Rules—Appeal.

13.04.190    Substantive authority.

13.04.200    Appeals.

13.04.210    Notice of action—Form.

13.04.220    Categorical exemptions.

13.04.230    Critical areas.

13.04.236    Categorical exemptions which do not apply in specific critical areas.

13.04.240    Agency compliance.

13.04.250    Fees.

13.04.260    Forms.

13.04.010 Authority.

Chelan County hereby adopts the resolution codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43.21C.120, and the SEPA rules, WAC 197-11-904.

This chapter contains Chelan County’s SEPA procedures and policies.

Specific portions of the SEPA rules, Chapter 197-11 WAC, must be used in conjunction with this chapter. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 1, 10/1/84).

13.04.020 Adoption of portions of Washington Administrative Code.

The purpose of this section is to establish basic requirements that apply to the SEPA process. The county 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, laws 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.

(Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 2(A), 10/1/84).

13.04.030 Definitions.

(1) This section establishes uniform usage and definitions of terms under SEPA. The county adopts the following sections by reference:

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.

197-11-722    Consolidated appeal.

197-11-724    Consulted agency.

197-11-726    Cost-benefit analysis.

197-11-728    County/city.

197-11-730    Decision maker.

197-11-734    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.

197-11-776    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.

197-11-793    Scoping.

197-11-794    Significant.

197-11-796    State agency.

197-11-797    Threshold determination.

197-11-799    Underlying governmental action.

(2) 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:

(A) “Department” means any division, subdivision or organizational unit of the county established by resolution, rule or order.

(B) “Early notice” means the 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 procedures).

(C) “Resolution” means the ordinance, resolution, or other procedure used by the county to adopt regulatory requirements.

(D) “SEPA rules” means Chapter 197-11 WAC adopted by the Department of Ecology. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 §§ 2(B) and 8, 10/1/84).

13.04.040 Designation of responsible official.

(1) For private proposals, the head (administrative official) of the department with primary responsibility for approving the permits and licenses for the proposal shall be the responsible official.

(2) For public proposals, the head (administrative official) of the department initiating the proposal shall be the responsible official.

(3) For all proposals for which the county 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.

(4) The county shall retain all documents required by the SEPA rules (Chapter 197-11 WAC) and make them available in accordance with Chapter 42.17 RCW. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 2(C), 10/1/84).

13.04.050 Lead agency determination and responsibilities.

(1) The department within the county 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, 197-11-253 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 county 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 county is not the lead agency for a proposal, all departments of the county shall use and consider, as appropriate, either the determination of nonsignificance (DNS) or the final EIS of the lead agency in making decisions on the proposal. No county department shall prepare or require the 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 county may conduct supplemental environmental review under WAC 197-11-600.

(4) If the county 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 fifteen days of receipt of the determination, or the county must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the fifteen-day time period. Any such petition on behalf of the county may be initiated by the responsible official.

(5) Departments of the county 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 (that is—Which agencies require nonexempt licenses?).

(7) When the county is lead agency for a MTCA remedial action, the Department of Ecology shall be provided an opportunity under WAC 197-11-253(5) to review the environmental documents prior to public notice being provided. If the SEPA and MTCA documents are issued together with one public comment period under WAC 197-11-253(6), the county shall decide jointly with Ecology who receives the comment letters and how copies of the comment letters will be distributed to the other agency. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 2(D), 10/1/84).

13.04.060 Additional timing considerations.

(1) The DNS or final EIS for the proposal shall accompany the county’s staff recommendation to any appropriate advisory body, such as the planning commission.

(2) If the county’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 county conduct environmental review prior to submission of the detailed plans and specifications. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 2(E), 10/1/84).

13.04.070 Categorical exemptions and threshold determinations.

The purpose of this section is to establish rules for deciding whether a proposal has a “probable significant adverse environmental impact” requiring an environmental impact statement (EIS) to be prepared. This section also contains rules for evaluating the impacts of proposals not requiring an EIS. The county adopts the following sections by reference:

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.

(Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 3(A), 10/1/84).

13.04.080 Thresholds for categorical exemptions.

Chelan County establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(c) based an local conditions:

Exemption Type

Incorporated and Unincorporated UGA

Other Unincorporated Area

Single-family residential (# of units)

30

20

Multifamily residential (# of units)

60

25

Agricultural (sq. ft.)

40,000

40,000

Office, school, commercial + parking (sq. ft. + # of spots)

30,000 + 90

12,000 + 40

Landfill or excavation (cu. yds.)

1,000

1,000

(Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 3(B), 10/1/84).

13.04.090 Use of exemptions.

(1) Each department within the county 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 in Section 13.04.080 and WAC 197-11-800. The department’s determination that a proposal is exempt shall be final. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The county 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 county may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that:

(A) The county 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 the nonexempt action(s) may not be 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 the nonexempt action(s) may not be approved. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 3(C), 10/1/84).

13.04.100 Environmental checklist.

(1) Except as provided in subsection (3) of this section, a completed environmental checklist, 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 county and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The county shall use the environmental checklist to determine the lead agency and, if the county is the lead agency, for determining the responsible official and for making the threshold determination.

(2) For private proposals, the county will require the applicant to complete the environmental checklist. For county proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.

(3) For projects submitted as planned actions under WAC 197-11-164, the county shall use its existing environmental checklist form or may modify the environmental checklist form as provided in WAC 197-11-315. The modified environmental checklist form may be prepared and adopted along with or as part of a planned action ordinance, or developed after the ordinance is adopted. In either case, a proposed modified environmental checklist form must be sent to the Department of Ecology to allow at least a thirty-day review prior to use. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 3(O), 10/1/84).

13.04.110 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 county’s actual threshold determination for the proposal.

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

(A) Be written;

(B) State whether the county currently considers issuance of a determination of significance (DS) likely and, if so, indicate the general or specific area(s) of concern that are leading the county 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 county 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 county shall base its threshold determination on the changed or clarified proposal and should make the determination within fifteen days of receiving the changed or clarified proposal:

(A) If the county 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 county shall circulate a DNS under WAC 197-11-340(2).

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

(C) The applicant’s proposed mitigation measures (clarification, 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 which have specifically addressed the proposed impacts.

(E) A mitigated DNS is issued under WAC 197-11-340(2), requiring a fourteen-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.

(F) 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 county.

(G) The 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 county to consider the clarifications or changes in its threshold determination. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 3(E), 10/1/84).

13.04.120 Environmental impact statement (EIS).

The purpose of this section is to set forth the procedures for preparing environmental impact statements. The following sections are adopted by reference, as supplemented by this section:

WAC

197-11-400    Purpose of EIS.

197-11-402    General requirements.

197-11-404    EIS types.

197-11-406    EIS timing.

197-11-408    Scoping.

197-11-410    Expanded scoping.

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    EIS contents on nonproject proposals.

197-11-443    EIS contents when prior to nonproject EIS.

197-11-444    Elements of environment.

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

197-11-450    Cost-benefit analysis.

197-11-455    Issuance of draft EIS.

197-11-460    Issuance of final EIS.

(Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 4(A), 10/1/84).

13.04.130 Preparation of EIS.

(1) Preparation of draft and final EISs (DEIS and FEIS) and draft and final supplemental EISs (SEIS) is the responsibility of the responsible official of the department under which the action will be taken. Before the county 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 county staff, the applicant, or by consultants selected by the county. If the responsible official requires an EIS for a proposal and determines that someone other than the county 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 county’s procedure for EIS preparation, billing procedures and financial arrangements for the consultant.

(3) The county may require an applicant to provide information the county does not possess, including specific investigations which will aid the decision-making process. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 4(B), 10/1/84).

13.04.140 Consultation, comment and response.

This section contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The county adopts the following sections by reference:

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 cost to assist lead agency.

(Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 5(A), 1984).

13.04.150 Public notice.

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

(A) If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.

(B) If an environmental document is issued concurrently with the notice of application, the public notice requirements for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1).

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

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

(ii) Posting the property, for site-specific proposals; and

(iii) Mailing to all property owners, as shown on the records of the county assessor, and all street addresses of properties within three hundred feet.

(2) Whenever the county issues a DS under WAC 197-11-360(3), the county 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 a notice of application in RCW 36.70B.110(4) as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements in WAC 197-11-510(1)(b).

(4) Whenever the county issues a DEIS under WAC 197-11-455(5) or a 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) At least the following methods:

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

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

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

(C) The following methods are additional, optional methods that may be used:

(i) Notifying the news media;

(ii) Placing notices in appropriate regional, neighborhood, ethnic, or trade journals; and/or

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

(5) Public notice for projects that qualify as planned actions shall be tied to the underlying permit as specified in WAC 197-11-172(3).

(6) The county may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense.

(7) Whenever possible, the county shall integrate the public notice required in this section with existing notice procedures for the county’s nonexempt permits or approvals required for the proposal. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 5(B), 1984).

13.04.160 Consulted agency responsibilities—Designation of official.

The officer or department head shall be responsible for the county’s compliance with WAC 197-11-550 whenever the county is a consulted agency and is authorized to develop operating procedures that will ensure the responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the county. Responses from the consulted agency shall be derived from the department head of the agency with general responsibility or expertise in regards to the issue to be discussed. Written comments shall be forwarded to the lead agency prior to a threshold determination, participation in scoping, and reviewing a DEIS. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 5(C), 10/1/84).

13.04.170 Use and supplementation of existing environmental documents—Rules.

The purpose of this section is to establish rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA). The county 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.

(Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 6, 10/1/84).

13.04.180 SEPA and agency determinations—Rules—Appeal.

This section establishes rules and policies for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This section also contains procedures for appealing SEPA determinations. The county 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.

(Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 7(A), 10/1/84).

13.04.190 Substantive authority.

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

(2) The county may attach conditions, in writing, 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 based on one or more policies in subsection (4) of this section and cited in the license or other decision document; and

(C) The mitigation measures included in such conditions are reasonable and capable of being accomplished; and

(D) The county has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts.

(3) The county 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 probably 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 the findings of fact for the decision.

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

(A) The county shall use all practicable means, consistent with other essential considerations of policy, to improve and coordinate plans, functions, programs, and resources to the end that the county 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 use 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 county 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 county adopts by reference the goals, policies and purposes of comprehensive plans as outlined in Chapter 10.12 for urban growth areas and the following county documents, as they now exist or are hereafter amended:

(i) Chelan County Comprehensive Plan;

(ii) Chelan County Shoreline Master Program;

(iii) Chelan County Zoning Code;

(iv) Chelan County Subdivision Code;

(v) Chelan County Development Permit Procedures and Administration;

(vi) Chelan County Development Standards;

(vii) Chelan County Enforcement and Violations Code;

(viii) Chelan County Storm Drainage Standards and Guidelines;

(ix) Watershed plans developed and adopted pursuant to Chapter 90.82 RCW, Watershed Planning, including without limitation the Wenatchee and Entiat Rivers Watershed Plans;

(x) Chelan County Flood Hazard Development Code;

(xi) Chelan County Mineral Exportation (Res. 92-101 amending Res. 84-45); and

(xii) Chelan County Icicle Valley Design Review Guidelines, inclusive. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2009-116 (Exh. A), 10/20/09: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 7(B), 10/1/84).

13.04.200 Appeals.

An appeal of environmental determinations made or lacking under SEPA or this chapter shall be filed pursuant to Section 14.12.030. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 7(C), 10/1/84).

13.04.210 Notice of action—Form.

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

(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 applicant or proponent pursuant to RCW 43.21C.080. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 7(D), 10/1/84).

13.04.220 Categorical exemptions.

The county adopts by reference the following rules for categorical exemptions, use of exemptions, and critical areas:

WAC

197-11-800    Categorical exemptions.

197-11-880    Emergencies.

197-11-890    Petitioning DOE to change exemptions.

(Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 9(A), 10/1/84).

13.04.230 Critical areas.

(1) The county may select certain categorical exemptions that do not apply in one or more critical areas designated in a critical areas ordinance adopted under GMA (RCW 36.70A.060). The selection of exemptions that will not apply may be made from the following subsections of WAC 197-11-800: (1), (2)(a) through (h), (3), (5), (6)(a), (13)(c), (23)(a) through (g), and (24)(c), (e), (g) and (h). 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 other applicable environmental review laws.

(2) All other categorical exemptions apply whether or not the proposal will be located within a critical area.

(3) Proposals that will be located within critical areas are to be treated no differently than other proposals under this chapter, except as stated in the prior subsection. A threshold determination shall be made for all such actions, and an EIS shall not be automatically required for a proposal merely because it is proposed for location in a critical area. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 89-136 (part), 9/14/89; Res. 84-80-1 § 9(B), 10/1/84).

13.04.236 Categorical exemptions which do not apply in specific critical areas.

(1) Within the below identified critical areas, the county has established the categorical exemptions identified in subsection (2) of this section:

(A) Privately owned lands located within the Icicle Valley as depicted on the Icicle Design Overlay attached to the ordinance codified in this section, and described as follows:

Sections 19, 27 and 29—Township 24 North, Range 17 E.W.M.

Sections 3, 5, 11 and 13—Township 24 North, Range 16 E.W.M.

(2) The following exemptions identified in WAC 197-11-800 shall not apply within those lands in the Icicle Valley designated above:

(A) Minor New Construction.

(i) The construction or location of any residential structure containing over three thousand square feet of gross floor area;

(ii) The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure or similar agricultural structures containing over three thousand square feet of gross floor area;

(iii) The construction of an office, school, commercial, recreational, service or storage building with four thousand or less square feet of gross floor area and with associated parking facilities for ten or more autos;

(iv) The construction of a parking lot designed for ten or more autos;

(B) Other Minor New Construction.

(i) The installation of impervious underground petroleum storage tanks. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 89-136 (part), 9/14/89; Res. 84-80-1 § 9 (part), 10/1/84).

13.04.240 Agency compliance.

The purpose of this section is to establish rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, listing agencies with environmental expertise, selecting the lead agency, and applying these rules to current agency activities. The county adopts the following sections by reference:

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 the county.

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 agencies for private projects requiring licenses for more than one state agency.

197-11-938    Lead agency 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.

(Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 10(A), 10/1/84).

13.04.250 Fees.

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

(1) Threshold Determination. For every environmental checklist the county will review when it is lead agency, the county shall collect a fee 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 threshold determination requires a public notice of a DNS or DS, an additional fee shall be collected from the proponent. For each additional public notice required under this chapter or under Chapter 197-11 WAC, the county shall collect an additional fee from the proponent. Fees shall be established by resolution of the board of county commissioners.

(2) Environmental Impact Statement.

(A) When the county 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 county, the county may charge and collect a reasonable fee from any applicant(s) to cover costs incurred by the county 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. Fees shall be established by resolution of the board of county commissioners.

(B) The responsible official may determine that the county will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by persons or entities other than the county. The consultant shall bill such costs and expenses directly to the applicant. The applicant shall post bond or otherwise ensure payment of such costs. Such consultants shall be approved by the responsible official and shall be selected by mutual agreement of the county 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 an appropriate portion of fees collected under subsection (2)(A) or (B) of this section which remain after incurred costs are paid.

(3) The county shall not collect a fee for performing its duties as a consulted agency.

(4) The county 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. (Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 10(B), 10/1/84).

13.04.260 Forms.

The purpose of this section is to adopt by reference the necessary forms to administer these rules. The county adopts the following forms 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.

(Res. 2013-62 (Att. A)(part), 8/6/13: Res. 2007-54 (part), 3/27/07: Res. 84-80-1 § 11, 10/1/84).