A. 
This article contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process (designating environmentally sensitive areas), listing agencies with environmental expertise, selecting the lead agency and applying these rules to current agency activities, as well as the application of exemptions and flexible thresholds. The city adopts the following sections of the WAC by reference as supplemented by this article:
WAC 197-11-900
Purpose of this part.
WAC 197-11-902
Agency SEPA policies.
WAC 197-11-916
Application to ongoing actions.
WAC 197-11-920
Agencies with environmental expertise.
B. 
The city also adopts the following forms and sections of the WAC by reference:
WAC 197-11-960
Environmental checklist.
WAC 197-11-965
Adoption notice.
WAC 197-11-970
Determination of nonsignificance (DNS).
WAC 197-11-980
Determination of significance and scoping notice (DS).
WAC 197-11-985
Notice of assumption of lead agency status.
WAC 197-11-990
Notice of action.
(Ord. 574 § 18A.32.010, 1984)
A. 
The city designates the following as environmentally sensitive areas. Maps illustrating these environmentally sensitive areas can be seen in the office of the city clerk-treasurer at Castle Rock City Hall:
1. 
Shoreline of the city, as mapped and defined by the Department of Ecology;
2. 
One-hundred-year floodplains in the city, as established by the Flood Insurance Study Guidelines and Specifications, Federal Emergency Management Agency, U.S. Army Corps of Engineers or U.S. Geological Survey;
3. 
Soils with unstable slopes or geologic hazards, as identified in the Soil Survey of Cowlitz County Area, Washington, prepared by the U.S. Department of Agriculture, Soil Conservation Service.
B. 
1. 
The activities listed in the following subsections of WAC 197-11-800 shall not be categorically exempt if the proposed activity is located in an environmentally sensitive area: WAC 197-11-800(1), (5) and (6)(a).
2. 
All other categorical exemptions apply whether or not the proposal will be located in environmentally sensitive areas.
C. 
The city shall treat proposals located wholly or partially within an environmentally sensitive area no differently than other proposals under this chapter, making a threshold determination for all such proposals. The city shall not automatically require an EIS for a proposal merely because it is proposed for location in an environmentally sensitive area.
D. 
Certain exemptions do not apply on lands covered by water, and this remains true regardless of whether or not lands covered by water are mapped.
(Ord. 574 § 18A.32.010, 1984)
The city shall require the following fees for its activities, in accordance with the provisions of this chapter:
A. 
Threshold Determination. For every environmental checklist the city will review when it is lead agency, the city shall collect a fee, as adopted by resolution, from the proponent prior to undertaking the threshold determination. The time period provided by this chapter for making a threshold determination shall not begin to run until payment of the fee.
B. 
Environmental Impact Statement.
1. 
When the city 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 city, the city may charge and collect a reasonable fee from any applicant to cover costs incurred by the city in preparing the EIS. The responsible official shall advise the applicant(s) of the projected costs from the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs.
2. 
The responsible official may determine that the city will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the city, and may bill such costs and expenses directly to the applicant. Such consultants shall be selected by mutual agreement of the city and applicant after a call for proposals. The city may require the applicant to post bond or otherwise ensure payment of such costs.
3. 
If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under subsection (B)(1) or (2) of this section which remain after incurred costs are paid.
C. 
The city may collect a reasonable fee from an applicant to cover the cost of meeting the public notice requirements of this chapter relating to the applicant's proposal.
D. 
The city shall not collect a fee for performing its duties as a consulted agency.
E. 
The city may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW.
(Ord. 574 § 18A.32.030, 1984; Ord. 2006-10, 2006)