Chapter 18.03
CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS
Sections:
18.03.010 Purpose – Adoption by reference.
18.03.020 Environmental checklist.
18.03.030 Threshold determinations.
18.03.040 Determination of nonsignificance (DNS).
18.03.060 Determination of significance (DS).
18.03.010 Purpose – Adoption by reference.
This chapter 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 chapter also contains rules for evaluating the impacts of proposals not requiring an EIS. The Town adopts the following sections by reference, as supplemented in this chapter:
WAC
197-11-300 Purpose of this part.
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.
197-11-360 Determination of significance (DS)/initiation of scoping.
197-11-390 Effect of threshold determination.
[UDC Ord. dated 7/21/1998].
18.03.020 Environmental checklist.
A. 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 specifically exempted in this chapter; except, a checklist is not needed if the Town and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The Town shall use the environmental checklist to determine the lead agency and, if the Town is the lead agency, for determining the responsible official and for making the threshold determination.
B. For private proposals, the Town will require the applicant to complete the environmental checklist, providing assistance as necessary. For Town proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
C. The Town 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:
1. The Town has technical information on a question or questions that is unavailable to the private applicant; or
2. The applicant has provided inaccurate information on previous proposals or on proposals currently under consideration. [UDC Ord. dated 7/21/1998].
18.03.030 Threshold determinations.
In reviewing an environmental checklist, the responsible official shall apply the threshold determination criteria of WAC 197-11-330 and, if necessary, may initiate the additional information gathering procedures of WAC 197-11-335. Upon completion of this process, the responsible official shall issue one (1) of the following documents and proceed with requirements of the respective sections and subsections below: determination of nonsignificance (DNS), WMC 18.03.040; mitigated DNS, WMC 18.03.050; or determination of significance (DS), WMC 18.03.060. [UDC Ord. dated 7/21/1998].
18.03.040 Determination of nonsignificance (DNS).
A. If the responsible official determines there will be no probable significant adverse environmental impacts from a proposal, a determination of nonsignificance (DNS) shall be prepared. The DNS shall be combined with the environmental checklist or other supporting document to accompany the proposal through the normal review process.
B. If the proposal for which any DNS is issued involves another agency with jurisdiction, demolition of any nonexempt structure, or issuance of nonexempt clearing or grading permits, the following requirements apply:
1. The DNS and environmental checklist shall be sent for a fifteen (15) day review and comment period to agencies with jurisdiction, the Department of Ecology, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal;
2. Public notice shall be given in accordance with Chapter 197-11 WAC; and
3. The proposal shall not be acted upon for fifteen (15) days after the date of issuance of the DNS.
C. The responsible official shall reconsider the DNS based on comments received, and may retain, modify or withdraw the DNS under WAC 197-11-340(2)(0) and WAC 197-11-340(3)(a). Any modified DNS shall be sent to agencies with jurisdiction. [UDC Ord. dated 7/21/1998].
18.03.050 Mitigated DNS.
A. 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.
B. An applicant may request, in writing, early notice of whether a DS is likely under WAC 197-11-350. The request must:
1. Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the department is lead agency; and
2. Precede the Town’s actual threshold determination for the proposal.
C. The responsible official should respond to the request for early notice within fifteen (15) working days. The response shall:
1. Be written;
2. State whether the Town currently considers issuance of a DS likely and, if so, indicate the general or specific area or areas of concern that is/are leading the Town to consider a DS; and
3. 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.
D. As much as possible, the Town should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
E. 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 and should make the determination within fifteen (15) days of receiving the changed or clarified proposal.
1. 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 under WMC 18.03.040 and WAC 197-11-340(2).
2. 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.
3. 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 a two hundred (200) foot stormwater retention pond at Y location are adequate.
4. 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.
F. A mitigated DNS is issued under WMC 18.03.040 and WAC 197-11-340(2), requiring a fifteen (15) day comment period and public notice.
G. 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.
H. 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) (withdrawal of DNS).
I. The Town’s written response under subsection (B) 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 to consider the clarifications or changes in its threshold determination. [UDC Ord. dated 7/21/1998].
18.03.060 Determination of significance (DS).
A. If the responsible official determines that a proposal may have a probable significant adverse environmental impact, a determination of significance (DS) shall be prepared. The DS document shall also serve as a scoping notice for soliciting comments on the scope of the EIS.
B. The responsible official shall circulate the DS/scoping notice to the applicant, the Department of Ecology, other agencies with jurisdiction and expertise, and the public. Notice shall be given under Chapter 197-11 WAC. In the event a proposal is changed so as to result in a withdrawn determination of significance, a DNS shall be sent to all who commented on the DS/scoping notice. [UDC Ord. dated 7/21/1998].