The Planning Director, in consultation with the Natural Resources Department, shall initially determine whether the permit application and environmental checklist is complete. The application is complete if it contains adequate information to determine whether the proposed activity will or is likely to significantly impact the environment and to conduct a review for compliance with the purpose and standards set forth in sections 24.01.01 and 24.08.01 of this title. The Planning Director may require supplemental information from the applicant if necessary to complete the review.
(Res. 04-A-053 6/8/2004)
When the application is complete, the Planning Director shall circulate the permit application, environmental checklist, and any supplemental information to appropriate staff and/or departments for comment. Comments shall be submitted within fifteen(15) calendar days after request is made by the Planning Director. An extension of this time may be requested by commenting staff or department. Extensions shall be granted at the discretion of the Planning Director.
(Res. 04-A-053 6/8/2004)
The Planning Director shall review the permit application, environmental checklist, supplemental information, and staff comments for the purpose of determining whether the proposed activity will or is likely to significantly impact the environment and whether it can be conducted in compliance with the purpose and standards of sections 24.01.01 and 24.08.01. The Planning Director may require additional information to be provided, at the applicant’s expense, and may use any technical assistance he or she may require in making the review. Based on this review, he or she shall submit one of the following findings to the Port Gamble S’Klallam Tribal Council:
(a) 
Finding of No Significant Impact (FONSI). In those instances when the proposed project will not have a significant effect on the environment and can be conducted in compliance with the purpose and standards of this title, the Planning Director shall prepare a FONSI and recommend to the Tribal Council that the permit application be approved. A FONSI means a document that briefly presents the reasons why an activity will not or is not likely to significantly impact the environment.
(b) 
Conditioned FONSI. In those instances when a proposed project substantially, but not entirely, meets the requirements set forth in this title and will not or is not likely to significantly impact the environment and the activity could be conducted in harmony with the Tribe’s purpose and goals under this title if certain acts or omissions are performed by the applicant, the Planning Director shall prepare a conditioned FONSI and recommend to the Tribal Council that a conditioned permit, requiring the applicant to perform those acts or omissions when conducting the proposed project, be approved. A conditioned permit issued by the Tribal Council is subject to those conditions and is revocable if those conditions are not met by the applicant.
(c) 
Environmental Site Analysis Required. In those instances when the proposed project will or is likely to have a significant environmental impact or will not comply with the purpose and standards set forth in this title, the Planning Director shall prepare a recommendation that the Tribal Council require the applicant to prepare an Environmental Site Analysis (ESA) consistent with section 24.04.07 of this title.
(Res. 04-A-053, 6/8/2004)
The determination of whether an activity will or is likely to significantly impact the environment shall be made in the context of Port Gamble S’Klallam tribal culture and values. Factors to be taken into consideration in evaluating an application for a permit and the environmental checklist for significant impacts on the environment include:
(a) 
The degree to which the proposed activity will adversely affect the quantity and quality of the fish and shellfish resources of the Tribe;
(b) 
Unique or sensitive characteristics of the geographic area or hydrologic area (water and adjacent area) in which the proposed activity will take place;
(c) 
The degree to which the action may adversely affect an endangered or threatened species or its habitat;
(d) 
Whether the proposed activity may cause loss or destruction of cultural, historical, or scientific resources;
(e) 
Whether the proposed activity may cause loss or destruction of culturally significant plant materials;
(f) 
The degree to which the proposed activity affects health and safety of the Port Gamble S’Klallam tribal community;
(g) 
The degree to which the effects of the proposed activity are uncertain or involve unique or unknown risks;
(h) 
The degree to which the proposed activity may establish a precedent for future actions with significant impacts;
(i) 
The level of tribal community support for or opposition to the proposed activity;
(j) 
Whether the action is related to other actions with individually insignificant but cumulatively significant impacts. If it is reasonable to anticipate a cumulatively significant impact on the environment, the activity is significant;
(k) 
Whether the action threatens a violation of applicable law or interlocal cooperation agreement to which the Tribe is a party imposed for the protection of the environment.
(Res. 04-A-053 6/8/2004)
Within forty (40) calendar days from the date a completed permit application and environmental checklist are received, the Planning Director shall provide written notice to the applicant of the findings set forth in section 24.04.03. If additional time is needed by the Planning Director to make the required determinations and recommendations, the applicant shall be so notified.
(Res. 04-A-053 6/8/2004)
The Planning Director shall forward the permit application, environmental checklist, findings, recommendation, and if applicable, any comments received from interested persons to the Tribal Council. The Tribal Council shall review these materials at its next regularly scheduled meeting. The Committee may approve the Planning Director’s FONSI and the applicant’s permit, or issue a conditioned permit, or deny the permit and require the applicant to prepare an Environmental Site Analysis (ESA).
(Res. 04-A-053 6/8/2004)
If the Planning Director determines that the proposed project will have or is likely to have a significant impact on the environment and cannot be conducted in compliance with the purpose and standards of this title, the Tribal Council may require the applicant to prepare an Environmental Site Analysis (ESA). The ESA shall be written in plain language so that it can be easily understood by the Tribal Council and the Port Gamble S’Klallam tribal community. Supplemental materials which are of a technical nature may be included for review by the Tribe’s technical staff and advisors. The ESA shall substantially follow the format set forth below:
(a) 
Project Description/Purpose and Need Statement. This section shall contain a description of the proposed activity and the affected environment and a statement briefly specifying the underlying purpose and need for the proposed activity.
(b) 
Environmental Impacts. This section shall provide an analysis of the adverse environmental impacts of the proposed activity, including a discussion of any general standards with which the Planning Director has determined the project does not comply under section 24.07.01, all relevant cultural, socio-economic, and cumulative aspects of the proposed activity, and any adverse environmental impacts that cannot be avoided should the activity be conducted. The Planning Director may require that the applicant consult with outside experts to complete this analysis and include any reports prepared by outside experts in the ESA.
(c) 
Alternatives. This section shall identify and evaluate all reasonable alternatives to the proposed activity that would allow the applicant to achieve or partially achieve the purpose of the activity with less environmental impact. Alternatives may include conducting the activity using mitigation measures, conducting the activity in an alternate location, or conducting the activity with changes in its design, size, or scope. This section shall include a discussion of the actual and potential environmental impacts and costs for each alternative. The Planning Director may identify alternatives to be included in the ESA. The Planning Director may require that the applicant consult with outside experts to complete this analysis and include any reports prepared by outside experts in the ESA.
The purpose of the ESA is to identify design modifications or mitigation measures that will avoid or minimize adverse environmental impacts and achieve compliance with the purpose and standards of this title. If the ESA fails to identify modifications or mitigation measures that sufficiently avoid or minimize the adverse impacts, the permit application shall be denied.
(Res. 04-A-053 6/8/2004)
Based on the ESA, the Planning Director shall prepare written findings, addressed to the Tribal Council, outlining whether the proposed activity can be conducted without significant adverse impacts on the environment and in compliance with the purpose and standards of this title, and recommending that the Tribal Council approve or deny the issuance of a permit. If the proposed activity can be conducted without significant adverse environmental impacts and in compliance with this title only if certain mitigating factors are present, the Planning Director may recommend that a conditioned permit be considered. A copy of the findings and recommendation shall be provided to the applicant at least ten (10) calendar days prior to the public hearing.
(Res. 04-A-053 6/8/2004)
If a proposed activity requires an ESA, a public hearing shall be scheduled by the Planning Director with the Tribal Council to take place within thirty (30) calendar days of receipt of the ESA from the applicant. The applicant shall be given an opportunity to give a brief presentation on the proposed activity, not to exceed thirty (30) minutes. The Planning Director shall present the findings and recommendation he or she prepared under section 24.04.09. The Tribal Council shall preside over the hearing.
(Res. 04-A-053 6/8/2004)
The Planning Director shall cause notice of public hearings under this title to be given to the applicant, the Tribal Council, and the Port Gamble S’Klallam tribal community. The notice shall state the date, time, and place of the hearing, as well as the subject matter. The notice shall be posted in at least two prominent locations on the Reservation. The notice shall be delivered or mailed to the address provided by the applicant at least ten (10) calendar days before the hearing. The Planning Director shall verify that the notices have been made as required.
(Res. 04-A-053 6/8/2004)
The Tribal Council shall decide whether to grant or deny the issuance of the permit or to issue a conditioned permit. The Committee shall give written notice of its decision to the applicant within thirty (30) calendar days of the public hearing.
The Tribal Council may request additional information from the applicant or the Planning Director and set a time limit for submission. If additional information is requested, the Tribal Council shall render a decision within thirty (30) calendar days from the date the information is received.
(Res. 04-A-053 6/8/2004)