This article 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 county adopts the following sections by reference as supplemented in this part:
RCW
43.21C.410 Battery charging and exchange station installation.
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. 2011-013, 2011)
1. 
The county establishes the following exempt levels for minor new construction under WAC 197-11-800(1)(b) based on local conditions:
a. 
For residential dwelling units in WAC 197-11-800(1)(b)(i): up to 20 residential dwelling units.
b. 
For agricultural structures in WAC 197-11-800(1)(b)(ii):
i. 
up to 10,000 square feet of ground coverage within the boundaries of an urban growth area; or
ii. 
up to 30,000 square feet of ground coverage outside the boundaries of an urban growth area. This exemption shall not apply to feed lots ;
c. 
For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(1)(b)(iii): up to 12,000 square feet with associated parking up to 40 parking spaces;
d. 
For parking lots in WAC 197-11-800(1)(b)(iv): up to 40 parking spaces;
e. 
For landfills and excavations in WAC 197-11-800(1)(b)(v): up to 500 cubic yards.
2. 
Whenever the county 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. 2011-013, 2011; Ord. 2012-009, 2012)
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. 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 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 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. 2011-013, 2011)
1. 
Except as provided in subsection (4) of this section, 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 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, providing assistance as necessary. For county proposals, the department initiating the proposal shall complete the environmental checklist for that proposal.
3. 
The county 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 county 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.
4. 
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.
(Ord. 2011-013, 2011)
1. 
As provided in this section and 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.
c. 
The responsible official should respond to the request for early notice within thirty working days. The response shall:
i. 
Be written;
ii. 
State whether the county currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the county to consider a DS; and
iii. 
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 county 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 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:
i. 
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 issue and circulate a DNS under WAC 197-11-340(2).
ii. 
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.
iii. 
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 storm water runoff' are inadequate, whereas proposals to "muffle machinery to X decibels" or "construct 200-foot storm water retention pond at Y location" are adequate.
iv. 
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.
3. 
A mitigated DNS is issued under WAC 197-11-340(2), requiring a fourteen-day comment period and public notice.
4. 
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.
5. 
If the 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 county should evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).
6. 
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.
(Ord. 2011-013, 2011)