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Ordinance 03-048 Adopts Spokane Environmental Ordinance - SEPA CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 48 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE THE SPOKANE ENVIRONMENTAL ORDINANCE IMPLEMENTING THE "STATE ENVIRONMENTAL POLICY ACT" AS THE ENVIRONMENTAL REGULATIONS OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; WHEREAS, the City of Spokane Valley must have an enforceable environmental regulations in effect on the date of incorporation; WHEREAS, Spokane County, the City of Spokane, SCAPCA and the Health District have adopted environmental regulations pursuant to State law; and WHEREAS, adoption of the Spokane Environmental Ordinance will establish a uniform SEPA process in Spokane County. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Environmental Regulations. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts by reference the Environmental Ordinance effective November 19, 2002 ("Environmental Regulations") which is attached hereto as Exhibit "A" and incorporated by this reference as prciently constituted or hereinafter amended as the Environmental Regulations of the City of Spokane Valley. All references to "Spokane County" or any other agency shall be construed to refer to the City of Spokane Valley. Section 2. Adoption of Other Laws. To the extent that any provision of any other law, rule or regulation referenced in the attached Environmental Regulations is necessary or convenient to establish the validity, enforceability or interpretation of the Environmental Regulations, then such provision or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearing Bodies. When the Environmental Regulations refer to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi-judicial or other matter is then pending. Section 4. Environmental Re_ lations — Co lies on File. The City Clerk is to maintain one copy on file of the Environmental Regulations adopted by this ordinance. Ord.Isle.48, 3/13/2003 1 Section 5. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 6. Severabilitv. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. Effective Date. This Ordinance.shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. PASSED by the City Council this U:(4)- day of March,2003. L'IA114 Mayor, Michael DeVle ng • ATT Interim City Clerk, Ruth Muller Approved as to Form: • I eri City or -y, Stanle M. Schwartz Dat of Publicati• : /11.4 Z 1, 2e4,3 Effective Date: /A at, k, 3/1 Paci-3 Ord.No.48,3/13/2003 2 ., . c• -(1)"7 .,- . 4d r . JF �r;Y.:1 1.: } /k�te �•i +'�'tr ,u f�+f�''ir s. x'. Ei++iu' � rF. i ''''-'.2.-',J-71..1-,` L•:• 7- 1�� 13 j'I.. 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Purpose of this part and adoption by reference 2-1 11.10.040 Designation of responsible official 2-1 11.10.050 Lead agency determination and responsibilities 2-2 11.10.055 Other timing and additional considerations applicable to the SEPA process 2-2 PART THREE CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS 1110.065 Purpose of this part and adoption by reference 3-1 11.10.070 Flexible thresholds for categorical exemptions 3-1 11.10.075 Categorical Exemptions-Applicability 3-1 11.10.080 Use of exemptions . . 3-2 11.10.090 Environmental checklist 3-3 11.10.100 Mitigated Determination of Nonsignificance(I)NS) 3-4 • PART FOUR ENVIRONMENTAL IMPACT STATEMENT (EIS) 1110.110 Purpose of this part and adoption by reference 4-1 11.10.120 Preparation of FTS-additional considerations 4-1 11.10.122 Additional elements to be covered in an EIS 4-2 PART FIVE COMMENTING 11.10.128 Adoption by reference 5-1. 11.10.130 Public notice 5-1 11.10.140 Designation of official to perform consulted agency responsibilities for Spokane Countyl 5-2 PART SIX USING.EXISTING ENVIRONMENTAL DOCUMENTS 11.10.150 Purpose of this part and adoption by reference 6-1 • f. • • • PART SEVEN SETA AND AGENCY DECISIONS PAGE 11.10.155 Purpose of this part and adoption by reference 7-1 11.10.160 Substantive authority 7-1 • 11.10.170 Appeals 7-2 PART EIGHT DEFINITIONS 11.10.175 Purpose of this part and adoption by reference 8-1 11.10.177 Additional definitions 8-2 PART NINE CATEGORICAL EXEMPTIONS 11.11.180 Adoption by reference 9-1 11.10.182 Certification of emergencies 9-1 • PART TEN AGENCY COMPLIANCE 11.10.185 Purpose of this part and adoption by reference •10-1 11.10.190 Critical areas -10-1 11.10.200 Fees 10-1 11.10,210 Amending this ordinance 10-2 11.10.215 SETA public information - 10-2• 11.10.220 Severability 10-3. PART ELEVEN FORMS 11.10.230 Adoption by reference 11 -1 APPENDIXES Appendix A SEPA Policies . Appendix B SEPA Exemption Levels Matrix Appendix C Additional Environmental Forms Appendix D Summary of SEPA Process/ SETA Public Involvement Requirements Appendix F SEPA Fees Schedule 1 Each jurisdiction adopting this ordinance(City of Spokane, Spokane County, Spokane Regional Health •District,and Spokane County Air Pollution Control Authority)will insert the appropriate reference. II PART ONE AUTHORITY 11.10.010 Authority. Spokane County adopts this ordinance under the State Environmental Policy Act(SEPA),section 43.21C.120 RCW,and the SEPA rules,section 197-11-904 WAC. This ordinance contains Spokane County's SEPA procedures and policies. The intent of this ordinance is to establish uniform environmental review requirements between the City of Spokane, Spokane County, Spokane Regional Health District, and Spokane County Air Pollution Control Authority while allowing each jurisdiction to maintain flexible review procedures as specified in the ordinance. . The SEPA rules,chapter 197-11 WAC,must be used in conjunction with this ordinance. ♦. ,L ''1...':' r . nf1ti t-{. ,31(1* �:::,-;-:1,43',(13;1;:,1... , t4 :acv' a K d J. i; 1 Zi s Zl + v)t4 �sCiyi'g` a .!..,,,f•4-,0 4...A-y�r!'"? -4,A �r}g" y� •'ant' s, t i h,. a, -Y I i , �'Cy.7f�. � tp.�. h l I t p, Ys vb41.,f .." .S0000P"''.Tf.-.it" i . . _ ",s,!'. .. 1K+';'.F i9'. °&iii:D`a% • 1 - 1 PART TWO GENERAL REQUIREMENTS • 11.10.020 Purpose of this part and adoption by reference. This part contains the basic requirements that apply to the SEPA process. Spokane County adopts the following sections of chapter 197-11 of the Washington Administrative Code by reference. WAC >� ;';<.� �— ,""4a• . 197-11-040 DEFINITIONS 197-11-050 LEAD AGENCY 197-11-055 TIMING OF THE SEPA PROCESS %�?j 197-11-060 CONTENT OF ENVIRONMENTAL REVIEW `p - 197-11-070 LIMITATIONS ON ACTIONS DURING SEPA PROCESS J. ;r te" `a • 197-11-080 INCOMPLETE OR UNAVAILABLE INFORMATION 4( • �;� L�g?! ' v:' 197-11-090 SUPPORTING DOCUMENTS S S f 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/Gti4A DEFINITIONS • • 197-11-228 OVERALL SEPA/GMA INTEGRATION PROCEDURES 197-11-230* TIMING OF AN INTEGRATED GMA/SEPA PROCESS • 197-11-232 SIPA/GNLA INTEGRATION PROCEDURES FOR PRELIMIiNA.RY 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 11.10.040 Designation of responsible official. • (1) For public proposals, the head (administrative official) of the department making the proposal shall . be the responsible official. 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 When multiple officials have permitting authority, the, assignment of responsibility shall be reached by agreement (2) For all proposals for which Spokane 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 are adopted by reference in section 11.10.020. (3) Spokane 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: • • 2- I • • • 11.10.050 Lead agency determination and agency responsibilities. (1) The department within Spokane County receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under sections 197-11- 050, 197-11-253, and 197-11-922 through 197-11-940 WAC 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 Spokane 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 Spokane County is not the lead agency for a proposal, all departments of Spokane County shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No Spokane County department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency unless required under section 197-11-600 WAC. In some cases,Spokane County may conduct supplemental environmental review under section 197-11-600 WAC. (4) If Spokane County or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of section 197-11-253,or sections 197-11-922 through 197-11-940 WAC, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within fifteen (15) days of receipt of the determination or Spokane County must petition the Department of Ecology for a lead agency determination under section 197-11.-946 WAC within the fifteen (15) day time period. Any such petition on behalf of Spokane County may be initiated by the potential responsible official. (5) Departments of Spokane County are authorized to make agreements as to lead agency,status or shared lead agency duties for a proposal under sections 197-11-942 and 197-11-944 WAC,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). 11.10.055 Other tieing and additional considerations applicable to the SEPA process. - (1) The following time limits shall apply when there is no established agency procedure... • Threshold determinations (a) When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction: (i) the responsible official should request such further information within seven (7) days of receiving an adequate application and completed environmental checklist; • (ii) the responsible official shall wait no longer than fourteen (14) days for a consulted agency to • respond; 2-2 • 7 i • (iii) the responsible official should complete the threshold determination within seven(7) days of receiving the requested information from the applicant or the consulted agency. (b) When the responsible official must initiate further studies,including field investigations, to obtain the information to make the threshold determination, the responsible official should complete the studies within thirty(30) days of receiving an adequate application and a completed checklist. (c) •The responsible official shall complete threshold determinations on actions where the applicant recommends in writing that an EIS be prepared within seven(7) days. (2) For nonexempt proposals, the DNS or Final Environmental Impact Statement (FEIS) for the proposal shall accompany the department's staff recommendation to any advisory or final-action body. (3) If the only action is a decision on a building permit or other license that requires detailed project plans and specifications, Spokane County shall provide the applicant with the opportunity for environmental review under SEPA before requiring the applicant to submit such detailed project plans and specifications. • (a) Spokane County may specify the amount of detail needed from the applicant for such early environmental review,consistent with sections 197-11-100 and 197-11-335 WAC. (b) This subsection does not preclude an applicant from preliminary discussions or exploration of ideas and options prior to commencing formal environmental review. • • • • • • 2-3 . i PART THREE . CATEGORICAL EXEMPTIONS AND THRESHOLD.DETERIVIINATIONS 11.10.065 ' Purpose of this part and adoption by reference. This part 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. Spokane County adopts the following sections by reference,as . supplemented in this part. • WAC t 3tr ? �' �`r5 197-11-300 PURPOSE OF THIS PART „ li4-'„ r . :`: . 197-11-305 CATEGORICAL EXEMPTIONS _' ' :•- 2 `.4N:.:..:,,' ' � t'..-.. •: o' '.,,::.• 197-11-310 THRESHOLD DETERMINATION REQUIRED °. • =' i s "`'- .-1:, ,i 197-11-315 ENVIRONMENTAL ,a: - STIR NA4ENTAL CHECKLIST �.r, �•#r .'a-6;,; •�°. ..: .1.4:-..F42_4,-` - L 197-11-330 THRESHOLD DETERMINATION PROCESS :t*,D.? z , .�" ''Y+`�c ry--• `-:-- •-• 197-1'i-335 ADDrI)ONAL INFORMATION '"`` 197-11-340 . DETERMINATION OF NONSIGNIFICANCE(DNS) e 3. trea.0 s=.�I`' h- S• '�"°-'y t `^' 197-11-350 • MITIGATED 1)NS ' "la • ` ' ' ° '-'• 197-11-355 OPTIONAL DNS PROCESS F .; 'w -,of -yam-� t .., 197-11-360 DETERMINATION OF SIGNIFICANCE(DS)/I NITIATION OF SCOPTNG 197-11-390 EFFECT OF THRESHOLD DETERMINATION • 11.10.070 flexible thresholds for categorical exemptions. In addition to those exemptions identified in Part Nine (Categorical Exemptions) of this ordinance, . Spokane County establishes the following exempt levels for minor new construction under section 197-11- 800(1)(c)WAC, based on local conditions. • • (1) For residential dwelling units in section 197-11-800(1)(b)(i)WAC:.up to 20 dwelling units. (2) For agricultural structures in section 197-11-800(1)(b)(ii)WAC:up to 20,000 square feet. (3) For office,school,commercial,recreational,service or storage buildings in section 197-11-800(1)(b)(iii) . WAC:up to 12,000 square feet and up to 40 parking spaces. . (4) -For parking lots in section 197-11-800(1)(b)(iv)WAC:up to 40 parking spaces. - (5) For Iandfills and excavations in section 197-11-800(1)(b)(v)WAC:up to 500 cubic yards. • 11.10.075 Categorical exemptions-applicability. (1) If a proposal fits within any of the provisions in 11.10.180(Part Nine)and 11.10.070,the proposal shall be categorically exempt from the threshold determination requirements (section 197-11-720 WAC), except when the proposal is a segment of a proposal that includes: (a) a series of actions,physically or functionally related to each other,some of which are categorically exempt and some of which are not;or 3 - 1 (b) a series of exempt actions that are physically or functionally related to each other, and that together may have a probable significant adverse environmental impact in the judgment of an agency with jurisdiction. If so, that agency shall be the lead agency unless the agencies with jurisdiction agree that another agency should be the lead agency. Agencies may petition the department of ecology to resolve disputes(section 197-11-946 WAC). For such proposals, the agency or applicant may proceed with the exempt aspects of the proposals, prior to conducting environmental review,provided the requirements of section 197-11-070 WAC are met. See Appendix B for an informational matrix of exempt and nonexempt activities. (2) The Iead agency is not required to'document that a proposal is categorically exempt. The lead agency may note on an application that a proposal is categorically exempt or place such a determination in the agency's files. - 11.10.080 Use of exemptions. • (1) Each department within Spokane 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 ordinance applies to the proposal. Spokane County shall not require completion of an environmental checklist for an exempt proposal. (2) In determining whether a proposal is exempt, the department shall make certain the proposal is properly defined and shall identify the governmental licenses required (section 197-11-060 WAC). -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, Spokane County may authorize exempt actions prior to compliance with the procedural requirements of this ordinance,except that (a) Spokane County shall not authorize: (i) any nonexempt action; • (ii) any action that would limit the choice of alternatives for environmental review; • (iii) any action that would have a probable significant adverse environmental impact. (b) •A responsible official may withhold approval of an exempt action that would modify the environment, when such modification would result in a probable significant adverse impact or would limit the choice of alternatives for environmental review. (c) A responsible official may withhold approval of an exempt action that would lead to an applicant making substantial financial expenditures when there is some doubt that the entire proposal(i.e. subdivision)may not be approved. • ► 3-2 11.10.090 Environmental checklist. - • (1) A completed environmental checklist s-hallbe filed pnor Eo or at the same time as an application for a permit, license,certificate, or other approval not exempted in this ordinance;except a checklist is not needed if Spokane County and the applicant agree an FTS is required, SEPA compliance has been • completed, or SEPA compliance has been initiated by another agency. The checklist shall be in the form provided for in 11.10.230(1), which is based on the form in section 197-11-960 WAC with the • following questions added or modified. (a) 11.10.230(1)(A)(7)(b),providing-identification of other land owned or optioned by the proponent in the vicinity of the proposal. (b) 11.10.230(1)(A)(13),dealing with the Aquifer Sensitive Area and the Priority Sewer Service Area. (c) 11.10.230(1)(C),providing a full disclosure oath in the signature block. • (d) 11.10.230(1)(B)(8)(h),classified as"Critical Area." • (e) 11.10230(1)(A)(14)(a)(1)through(3),dealing with project impact to the Critical Aquifer Recharge Area/ Aquifer Sensitive Area. (f) 11.10.230(1)(A)(14)(a)(4), dealing with use and handling of chemicals. (g) 11.10.230(1)(A)(14)(b)(1) through(2),including water runoff or storm water to.be discharged and when known to describe the depths to groundwater and to bedrock. (h) 11.10.230(1.)(13)(14)(f)adding'a footnote for how many vehicular trips during PM Peak,:AM Peak, - and Weekday(24 hours)would be generated,if known,by the completed project. • (2) For private proposals, Spokane County will require the applicant to complete the environmental • • checklist -• For public proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. (3) Spokane County may require that it, and not the private applicant, will complete all, or part of, the environmental checklist for a private proposal if the applicant has provided inaccurate information on previous proposals or on proposals currently under consideration, or if Spokane County has technical information on a question or questions that is unavailable to the private applicant The • • applicant shall reimburse Spokane County for time and effort so expended. (4) During the review of the environmental checklist, the staff of Spokane County may make such changes or additions to the environmental checklist as are necessary to make it an accurate statement. • Alternatively, the staff may return the checklist to the applicant for revisions and/or•additional information. (5) For projects submitted under an approved planned action under section 197-11-168 WAC, Spokane County shall use its existing environmental checklist form or may modify the environmental checklist •form as provided in section 197-11-315 WAC. 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(30) days review prior to use. • 3-3 • • • 11.10.100 Mitigated DNS. • • (1) As provided in this section and in section 197-11-350 WAC, the responsible official may issue a DNS • based on conditions attached to the proposal by the responsible official or on changes to- or clarification of,the proposal made by the applicant • (2) An applicant may request in writing early notice of whether a DS is likely under section 197-11-350 . WAC. The request must • • (a) follow submission of a complete permit application and environmental checklist for a nonexempt proposal for which the department is lead agency;and • (b) precede the agency's actual threshold determination for the proposal. (3). The responsible official or a designee shall respond in writing to the request for early notice within fourteen(14) days unless otherwise agreed to. The response shall: (a) be written;and (b) state whether Spokane County currently considers issuance of a DS likely, and if so, indicate the general or specific area(s) of concern leading Spokane 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 lead agency 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 responsible official shall base the threshold determination on the changed or clarified proposal and should make the determination within fourteen (14) days of receiving the changed or clarified proposal unless otherwise established by agency procedures. • (a) If the responsible official indicated specific mitigation measures in the response to the request for early notice and the applicant changed or clarified the proposal to include those specific mitigation measures, the responsible official shall issue and circulate a DNS pursuant to section 197-11-340(2)WAC. (b) If the responsible official indicated areas of concern but did not indicate specific mitigation measures that would allow the.issuance of a DNS, the responsible official shall make the threshold determination,issuing a DNS or DS as appropriate. (c) 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 200- foot stormwater retention pond at Y-location"are adequate. • 3-4 • • (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. • (6) A mitigated DNS is issued either under. section 197-11-340(2) WAC requiring a fourteen (14) day • comment period unless otherwise established by agency procedure and public notice pursuant to 11.10.130, or under section 197-11-355 WAC, which may require no additional comment period beyond the comment period.on the notice of application. (7) 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 Spokane County. (8) If Spokane County's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, Spokane County should evaluate the threshold determination to assure consistency with section 197-11-340(3)(a) WAC (withdrawal of DNS). • (9) Spokane County's written response under 11.10.100(2) and (3) 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 Spokane County to consider the clarifications or changes in its threshold determination. • • • • 3-5 • . PART FOUR ENVIRONMENTAL IMPACT STATEMENT(EIS) ' 11.10.110 . Purpose of this part and adoption by reference. This part contains the rules for - preparing environmental impact statements. Spokane County adopts the following sections by reference, as supplemented by this part. I VAC .. _. _ _ 19741400 PURPOSE OF EIS 6iN.: "W.'S S+ A r:t- �,n.ti~ .•,jr r2 ' ,N•: Q1,.'- f , CS.iJ, g f n} w 197-11-402 GENERAL REQUIREMENTS :" ,ii. `3,.:• 197-11-405 EIS TIMING • ,;•-r t;__' _ .v.:-.:•`•'.'•": •�°� - i • 197-11-408 SCOPING , .� � - �yi s`,.-4 ::.: 197-11-410 EXPANDING SCOPING '' .f. r ':-'.1':;`,-:'; ,` . PREPARATION ^ , ..�,/>. _ 4.'r`*,'.7: , : •. tom ? �'t�,: ...;..0 ',' 197-11-420 EIS O ,.;4::',-,..-,.--;ill . . .,f' ;,ti-:;?e � .:_ • 197-11-425 STYLE AND 512E z.,• :� •'•;';i'";;;;".o . :.: 197-11.-430 FORMAT - '''4,f'.:‘:` ` , g . • . ,r • 197-11-435 COVER LETTER OR MEMO --,t.:•' `�4 ,_ ; • 197-11 440 EIS CONTENTS rw"''="; 197-11-442 CONTENTS OF EIS ON NONPROJECI PROPOSALS '. v:.. i�..'a;..7�s q�• Ct NONPROJECT E15 `•' •L -.:. :_'3 J.-,,-..J.:,; 197-11-443 EIS CONTENTS WHEN PRIO J '..• ' ; r - 197-11-444 ELEMENTS OF THE ENVIRONMENT ''-:'-',i . w °.` .. r :! .::may ,'1�4 •" ► TO sr .:' ,:- 197-11-448 RELATIONSHIP OF as �� ,. , ' ' 197-11-450 COST/BENEFIT ANALYSIS j:: + �S i - .`' • 197-11-455 ISSUANCE OF DEIS ": .:s:' ^� • 197-11-460 ISSUANCE OF FEIS • 11.10.120. Preparation of EIS;additional consideration. • (1) Preparation of the Draft and Final EIS(DEIS and FELS) and a Draft and Final Supplemental FTS(SETS)�` • is the responsibility of.the lead agency under the direction of the responsible official.• No matter who . - participates in the preparation of the EIS,it is the FTS of Spokane County. The responsible official shall be satisfied that the EIS complies with the provisions of this ordinance and chapter 197-11 WAC• - before issuing the EIS. . (2) The DEIS and MIS or draft and final SETS shall be prepared by Spokane County staff, the applicant or its agent,or by an outsideconsultant retained by either an applicant or the lead agency. • (a) For public projects, the responsible official shall determine when an outside consultant should . . prepare the FT.S based on available staff, expertise, resources and public interest to adequately . assess and evaluate the impacts of the projects. . - • (b) For projects initiated by a private applicant,the preparation of an EIS shall be under the direction of the responsible official. The responsible official shall notify the applicant of the procedures for an FS preparation,including approval of the DEIS,FEIS and SEIS prior to distribution. All costs of preparing the EIS shall be borne by the applicant. (3) If a person other than the lead agency is preparing the EIS,the responsible official shall: (a) assure that the EIS is prepared in a responsible manner and with appropriate methodology; • 4- 1 • • • . (b) be responsible for scoping and preparation of a scoping report pursuant.to section 197-11-408 WAC(the responsible official may include consultants in the scoping process); ' (c) coordinate any areas of research and examination to be undertaken,as well as the organization of the resulting document; • (d) meet with the persons preparing the EIS and review draft sections of the EIS to assure the completeness,accuracy,and objectivity of the EIS; - (e) allow any person preparing an EIS access to all relevant public records of the lead agency, • pursuant to chapter 42.17 RCW(Public Disclosure and Public Records Law); (f) assist in obtaining any information on file with another agency that is needed by the person, preparing the EIS. . (4) The lead agency may require an applicant to provide information the lead agency does not possess, - .. • including specific investigations. I-Iowever,the applicant is not required to supply information that is • not required under this ordinance or that is being requested from another agency. (This does not . apply to information the lead agency may request under another ordinance or statute.) (5) Any person,firm, or corporation assisting in the preparation of an EIS for private projects shall have expertise and experience in preparing environmental impact statements and shall be approved in writing by the responsible official before participating'in the EIS process. The lead agency may create - • and maintain an EIS list of Qualified Consultants to assist in determining the expertise and experience of consultants using,but not limited to,the following procedures. (a) Annually or biannually placing a legal notice in the County's official newspaper requesting Statement of Qualifications (SOQ). Interested consultants will be required to submit an application package for consideration to be placed on the list. (b) Spokane County will review the SOQs and place those consultant firms who are determined to • meet the minimum qualifications on the list. Those qualifications include,but are not limited to: • (i) possessing a thorough and comprehensive knowledge of the procedural and substantive requirements of SEPA and related regulations; • • (ii) possessing adequate technical and administrative capacity to produce EIS documents and/or associated technical document`s; •• (6) The private applicant shall compensate the Iead agency for its administrative costs incurred with the development,production,and processing of the EIS,in accordance with 11.10.200 of this ordinance. 11.10.122 Additional elements to be covered in an EIS. (1) The table of contents shall include the list of elements of the environment(section 197-11-444 WAC), indicating those elements or portions Of elements that do not involve significant adverse impacts . (reference section 197-11 440[3][b]WAC). 4-2 • • j \, • • . (2) The lead agency may include, at its discretion, in an EIS or its appendix, the analysis of any impact relevant to the agency's decision,whether or not the impact is an environmental one. The inclusion of such analysis may or may not be based upon continents received during the•scoping process. The provision for combining documents may be used (section 197-11-640 WAC). The EIS shall comply - with the format requirements of sections 197-11-400 through 197-11-500 WAC. The decision whether to include such information and the adequacy of any such additional analysis shall not be used in determining whether an EIS meets the requirements of SEPA. • (3) If the lead agency chooses to include a cost/benefit analysis in an EIS, such analysis shall be consistent with section 197-11450 WAC. 1 • ,.q ) 1•10,("4' , + ,r 90 •. ,A. •?/." - -. =C --;•5.1,1,:,:"42., f ' rte a °� •.' '0;e a 5 + ,,.,., r + . , t J ` r:,.4 ,./:..n:",T: • a• .e+fi f e ..J' `j;1.�, : • • y : i ,,,;„-%;/_•� ;i `' :::: 4 144 � ,uy! a"V�i!; P�� y-fy•�.rad - 'S Y+ ?r h r ` • r 1-..o : 'r.+ Jri AV �✓" 3-A t ' ♦ " 4"" .1rv4+ 'L1.�,' •s '� • ,f'/'?ro y +< 'y.>, "S 5, )' _ i = ..T y `'� -" mo_� " 7 mo �s.,.',G fi `1• i l . l , 1< H _ t` . t:�..Y 'v p .:- ' J,� .. . '�S ,4;s r Rf v� `t ic%. ..tS .iv c, 7 , -4 ems-'4, '* t'� 4^F i 7 t`'4Tr j4„,•.)`• " qq�.°n'O. . i s l.. 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'�i .'rY�• ..+t+ y'� , � �<© ` `• • Jam'',', r fnw 2ri. yy �� e5•60.4v..-••i‘6. f_.F ?. xi a } ,.J [ r' w f 7�,.- �; i��'liA' 1;1'44 �.N h l`+'feYt�F�,q'♦ o. 1°1F's"R. i •c17+ lY � � ♦�t if_?. 1 n}"�S`c' 1y •f .. ,'� �J. - Y .`i'.c V`1`•'s'a�i r.Y`i34.,` •Js'� ';.., •z• Ste+' ,Y` i� Y,?i :!�+. �I�• • 4-3 • • • • • PART FWE COMMENTING 11.10.128 Adoption by reference. This part contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. Spokane County adopts the following sections by reference,as supplemented in this part. WAC 197-11-500 PURPOSE OF THIS PART 197-11-502 INVITING COMMENT 197-11-504 AVAILABILITY AND COST OF ENVIRONMENTAL DOCU a 'S . '• 197-11-508 SEPA REGIS i ER T ° F �,t' ' . - 197-11-510 PUBLIC NOTICE ° ''.'`� - <Y= 11T'=� 197-11-535 PUBLIC HEARINGS AND MEETINGS km,,• y'j �` j� C F NO COMMENT '.4�.',,`L, 197-11-545 EFFECT O €�,-.'�►��' .,.;�:, L. 197-11-550 SPECIFICITY OF COMMENT'S �G'` -, ,,: 197-11-560 FEIS RESPONSE TO COMMENTS *1 197-11-570 CONSULTED AGENCY COSTS TO ASSIST lead agency"°; ; 11.10.130 Public notice. (1) Whenever possible, the lead agency shall integrate the public notice requirement of this section with - existing notice procedures for the lead agency's nonexempt permits) or approval(s)required for the proposal. - (2) Whenever the Spokane Regional Health District or the Spokane County Air Pollution Control Authority issues a DNS under section 197-11-340(2)WAC or a DS under section 197-11-360(3) WAC, public notice shall be given by publishing notice in a newspaper of general circulation in the county, city,or general area where the proposal is located. (3) Whenever the City of Spokane or Spokane County issues a DNS under section 197-11-340(2)WAC or . a DS under section 197-11-360(3)WAC,the lead agency shall give public notice as follows. (a) If public notice is required for a nonexempt license by other regulations, that 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 as set forth in Title 13 of the Spokane County Code3 will suffice to meet the public notice requirements in section 197-11-510(1)WAC. (c) If no public notice is otherwise required for the permit or approval, the lead agency shall give notice of the DNS or DS as provided for in section 197-11-510 WAC and locally adopted rules and regulations. (d) If a DS is issued under section 197-11-360(3) WAC, the lead agency shall state the scoping procedure for the proposal in the DS,as required pursuant to section 197-11-408 WAC: • 5- 1 • (4) If a DNS is issued using the Optional DNS process, the public notice requirements for a notice of • application as set forth in Title 13 of the Spokane County Code3, as supplemented by the requirements in section 19741-355 WAC,will suffice to meet the public notice requirements in section 197-11-510(1)(b)WAC. • (5) Whenever the lead agency issues a DEIS under section 197-11-455(5) WAC or an SFIS under section 197-11-620 WAC,notice of the availability of these documents shall be given by the following: (a) Indicating the availability of the DEIS in any public notice required for the nonexempt license subsequently published after the issuance of the DEIS and,prior to the first public hearing regarding a nonexempt license. • (b) Selecting one or more of the following notification methods. • (i) Posting the property for site specific proposals pursuant to the administrative procedures for the underlying action. (ii) Publishing a legal notice in a newspaper of general circulation in the-county, city or general • area where the proposal is located. (iii)• Notifying of public or private groups,which have expressed an interest in a certain proposal, • or in the type of proposal being considered. (iv) Notifying the news media. • (v) Placing notices in appropriate regional,neighborhood,ethnic,or trade journals. (vi) Publishing notice in Spokane County newsletters and/or sending notice to agency mailing lists - • (either general lists or lists for specific proposals for subject areas). • (6) The lead agency may require an applicant to complete the public notice requirements for the proposal at his or her expense or otherwise may charge a fee sufficient to cover the lead agency's entire cost of.. meeting the public notice requirements. 11.10.140 Designation of official to perform consulted agency responsibilities for Spokane.. • County. • (1) The director of the department with appropriate expertise shall be responsible for preparation of written comments for an agency in response to a consultation request prior to a threshold determination,participation in scoping,and reviewing a DEIS. - (2)' The director shall be responsible for Spokane County's compliance with section 19741-550 WAC whenever such department is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in-a timely fashion and include data from all appropriate departments of County. • The City of Spokane will insert the appropriate regulation. 5-2 • • .PART SIX USING EXISTING ENVIRONMENTAL DOCUMENTS 11.10.150 Purpose of this part and adoption by reference. This part contains rules for using and supplementing existing environmental documents prepared under SEPA or the National Environmental • Policy Act(NEPA) for an agency's own environmental compliance. Spokane 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 • yit - K�21T &- _(, � J;•:n 1�'e.r` Ci wite_tf•h .�1•s •; ‘--4Y1 .�-, U .a - e,�)22 e i c ffi k • ,- ✓ � .. r� , ..;r.t.. -r: .t F • nYtp - . .o•' - 1 't.,S _+l• •r, wi.-�"� 4st.A r i , s � � � : ��.4 A i I <c7,4. .* .1r 7' '-'ii- ', g • •ice;:,"C :' $,1▪ •:S '•..41 � a bit-c:T :. • . . . : ..r.«�❑m.q,•j�..�vc+•� +Hw: .+G<:..r�v..5 .i. .<--7.r. ' . .3,Y ;, e• .r..T. tit ..;: .5. �.. ?..-�, ' : ,,1 ;..Yo-Y • -.c..e�.i.,!' ".-4:: -x- .._4. . ' -..- . I',"n-'r •^5. ;'-4 ` 'Fv;:;- :.11Z;t .I.�.:i��.. . '.:1 ' y 2.'' s -•y ae<�' .- f...fir"';. -.• 6- I • • PART SEVEN SEPA AND AGENCY DECISIONS • • 11.10.155 Purpose of this part and adoption by reference. This part contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a-result of SEPA_ This part also contains procedures for appealing SEPA determinations to agencies or the courts. Spokane 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 1110.160 Substantive authority. • (1) The policies and goals set forth in this ordinance are supplementary to those in the existing authorization of the City of Spokane,Spokane County,Spokane Regional Health District and Spokane County Air Pollution Control Authority. (2) Spokane County may attach conditions 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 with regard to the license and-pursuant to this ordinance;and (b) such conditions are in writing;and (c) the mitigation measures included in such conditions are reasonable and capable. of being accomplished;and • (d) Spokane County has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts;and (e) such conditions are based on one or more policies in 11.10.160(4) and cited in the license or other decision document (3) Spokane County may deny a permit or approval for a proposal on the basis of SEPA provided that (a) a finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this ordinance;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 11.10.160(4) and identified in writing in the decision document. 7- I • • • • • .(4) Spokane County adopts the following policies'as the basis for the exercise of substantive authority, pursuant to this section. (a) Spokane County shall use all practicable means consistent with other essential considerations of state policy to improve and coordinate plans, functions, programs and resources to the end that - the State 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 uses 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) Spokane 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) Spokane County, for the purposes of section 43.21C.060 RCW and section.197-11.-660(a) WAC, ' - adopts by reference the policies, plans, rules, and regulations, and all amendments thereto, identified in Appendix A. Appendix A is adopted and may be amended by Spokane County pursuant to section 197-11-902 WAC and is exempt from 11.10.200(amending this ordinance). • • • (5) Except for permits and variances issued pursuant to chapter 90,58 RCW (the Washington State Shorelines Management Act) and rules promulgated thereto, appeals of decisions or actions conditioned or denied on the basis of SEPA by a non elected official shall be appealable in accordance with 11-10.170. 11.10.170 Appeals.' • (1)' Spokane County establishes the following appeal procedures under section 43.21C.060,43.21C.075,and 43.21C.080 RCW and section 197-11-680 WAC. Persons'considering either administrative or judicial appeal of any decision.that involves SEPA are advised to read these statutory and administrative rule provisions. (2) Appeal of the intermediate steps'under SEPA (e.g., lead agency determination, scoping, draft EIS adequacy)shall not be allowed. 7-2 • • • (3) Appeals of SEPA procedures shall be limited to review of a final threshold determination (DS, DNS or Mitigated DNS)or.Final EIS. These appeals may occur prior to Spokane County's final decision on a • proposed-action. (4) Only one administrative appeal of a threshold determination or of the adequacy of an EIS is allowed; successive administrative appeals within the County1 are not allowed. This limitation does not apply to administrative appeals before another agency. This limitation also does not apply to closed record appeals authorized in 11.10.170(5).4 (5) A closed record appeal is allowed to the Board of County Commissioners' of any decision by the Spokane. County Hearing Examiner conditioning or denying a proposal under authority of SEPA, if the Hearing Examiner's decision on the underlying governmental action is subject to a closed record appeal to the Board of County Commissioners. The appeal shall be consolidated with any appeal of the underlying governmental action.5 (6) Except as provided in 11.10.170(5) and (7), any allowed appeals of procedural and substantive determinations under SEPA shall be consolidated with a hearing on, or appeal of, the underlying governmental action in a single open record hearing before the Spokane County Hearing Examinerl. • The hearing or appeal shall be one at which the Spokane County Hearing Examiner will render a decision on the proposed action. For example, an appeal of the adequacy of an EIS must be consolidated with a hearing on or appeal of Spokane County's decision on the proposed action,if both proceedings are allowed in the County procedures. If Spokane County's procedures do not,provide for -a hearing on or appeal of the underlying governmental action, such agency shall not Bold a SEPA administrative appeal,except as allowed in 11.10.170(7). . . (7) The following appeals of SEPA procedural or substantive determinations shall not be consolidated with a hearing on or appeal of the underlying action. • (a) An appeal of a determination of significance(DS). - . . • (b) An' appeal of a procedural determination made by Spokane County when it is the.project proponent or is funding a project and'chooses to conduct its review under SEPA, including any • appeals of its procedural determinations; prior to submitting an application for a project permit. Subsequent appeals of substantive determinations by an agency with jurisdiction over the :proposed project shall be allowed under the SEPA appeal procedures of the agency with jurisdiction (c) An appeal of a procedural determination made by Spokane County on a nonproject action:" • • (d) An appeal where the underlying action is a ministerial permit decision that does not require a public hearing. • ' City of Spokane, Spokane County, Spokane Regional Health District, and Spokane County Air Pollution Control Authority will insert the appropriate reference. • The last sentence shall apply only to the City of Spokane and Spokane County. s This provision shall apply only to the City PI'Spokane and Spokane County. 7-3 • • • (8) For threshold determinations issued prior to a decision on a project action,any administrative appeal allowed wider 11.10170 shall be filed within fourteen (14) days after the determination has been made and is appealable. Any administrative appeal of a procedural or substantive determination under SEPA issued at the same time as the decision on the project action shall be filed within fourteen • (14) days after notice of the decision has been made,and is appealable. In order to allow public comment on a DNS prior to requiring an administrative appeal to be filed,this appeal period shall be extended for an additional seven (7) days if the appeal is of a DNS for which public comment•period is required under the provisions of this ordinance or chapter 197-11 WAC. Nothing in this subsection • alters the requirements of 11.10.170(6)and(7). • (9) Procedural determinations ' made by the responsible official shall be entitled to • substantial weight in any appeal proceeding. :(10)For any appeal under this section,Spokane County shall provide for the preparation of a record for use • in any subsequent appeal proceedings,which record shall consist at a minimum the following. • (a) Findings and conclusions. • • (b) Testimony under oath. • (c) A taped,electronically recorded,or written transcript. • .(11) If an administrative appeal of determinations relating to SEPA is available under the procedures of 11.10.170,that procedure must be used before any person may seek judicial review of any SEPA issue • that could have been reviewed under such procedures. •(12) Judicial appeals of procedural and substantive compliance with SEPA must comply with section • • 43.21C.075 RCW and section 197-11-680(4)WAC. • (a) Spokane County shall give official notice under section 197-11-680(5)WAC of the date and place- for commencing a judicial appeal if there is a time limit established by statute or such agency's . regulations for commencing a judicial appeal of the underlying governmental action. • (b) Pursuant to section 4321C.080 RCW,notice of any action taken by Spokane County may be publicized by such agency or the applicant for,or the proponent of,such action. The form of the notice shall substantially conform to the form provided in.11.10.230(6). • • 7-4 • • PART EIGHT DEFINTI IONS 11.10.175 Purpose of this part and adoption by reference. This part contains uniform usage and definitions of terms under SEPA. Spokane County adopts the following sections by reference, as supplemented by section 11.10.177 of this ordinance. WAC • 197-11-700 DEFINITIONS 197-11-702 ACT 197-11-704 ACTION 197-11-706 ADDENDUM - 197-11-708 ADOPTION 197-11-710 Al~rr.CTED TRIBE •• 197-11-712 AFFECTING . 197-11-714 AGENCY 197-11-716 APPLICANT 197-11-718 BUILT ENVIRONMENT 197-11-720 CATEGORICAL EXEMPTION 197-11-721 CLOSED RECORD APPEAL 197-11-722 CONSOLIDATED APPEAL • 197-11-724 CONSULTED AGENCY •• 197-11-726 COST/BENEFIT ANALYSIS 197-11-728 COUNTY/CITY 197-11-730 DECISIONMAKER . 0 .• • • 19741-732 DEPARTMENT - • . 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 197-11-775 OPEN RECORD HEARING 197-11-776 -PHASED REVIEW • • 197-11-778 PREPARATION 197-11-780 PRIVATE PROJECT 8- I • • 197-11-782 PROBABLE • 197-11-784 PROPOSAL • 197-11.-786 REASONABLE ALTERNATIVE 197-11-788 RESPONSIBLE OFFICIAL 19741-790 SEPA - 1.97-11-792 SCOPE 197-11.-793 SCOPING 197-11-794 SIGNIFICANT • 197-11-796 STATE AGENCY • • • 197-11-797 THRESHOLD DETERMINATION 197-11-799 UNDERLYING GOVERNMENTAL ACTION .11.10.177 Additional definitions. In addition to those definitions contained within sections 197-11- 700 through 197-11-799 WAC, when used in this ordinance the following terms shall have the following meanings unless the context indicates otherwise. • • (1) "Agency" or "agencies" means the adopting Jurisdictions,depending on the context. (2)• "Departments' means any division, subdivision or organizational unit of the agencies established by ordinance,rule•or order. • (3) "Early notice" means the lead agency'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 [DNS]procedures).' (4) "Ordinance" means the ordinance, resolution, rules or other procedure used by the City of Spokane, • Spokane County, Spokane Regional Health District, and Spokane County Air Pollution Control Authority to adopt regulatory requirements. (5) °SEPA rules*means chapter 197-11 WAC adopted by the Department of Ecology. • • • • • • • • 8-2 • . PART NINE CATEGORICAL EXEMPTIONS 11.10.180 Adoption by reference. Spokane County adopts by reference the following rules for categorical exemptions, as supplemented in this ordinance, to include 11.10.070 (Flexible thresholds), 11.10.080 (Use of exemptions), and 11.10.190 (Critical areas). See Appendix B for an example list of exempt and nonexempt activities. WAC • 197-11-800 CATEGORICAL EXEMPTIONS 197-11-880 EMERGENCIES 197-11-890 Ph i HONING DOE TO CHANGE EXEMPTIONS - 11.10.182 Certification of emergencies. The responsible official shall certify on a case-by-case basis those actions which meet the conditions prescribed in section 197-11-880 WAC and are declared emergencies. - 4 C 4 at-. �: . -Of.,i'llit? A.if, ,-,:d, -,......,1,4.t.hr.,.:., . •,..........,f,i_ . .:.„,,,,, ,,,,,,.,. -4,.„ .,,,,,,,41.,,,,..-.., -,,,,,ii.- • 1 ...1 . •v.:41940%6s..tvt .. •, ,, ..F.1,r'•••-t,;.•••=:..v., , •. ,z, . ;:iq.,;,;,•!,.; .•,•;,-:421,,,.t..,„,.. .,.y,,".4.0.„ .l.V •'( • 4 ,,,,, .41,, . . , „d,,ssi....,5:44-i..,44:.-.:‘, ..,... ,74,,,:).4-.74,,t.„:7.1A '-:..-b' ". * ' �:ter'°R' . . � •.�' fi �, • f y '''t / .L7 .....'%+.''�..-✓,,,.. - • 9- 1 PART TEN • • AGENCY COMPLIANCE • 11.10.185 Purpose of this part and adoption by reference. This part contains rules for Spokane County compliance with SEPA, including rules for charging fees under the SEPA process, designating critical areas, listing agencies with environmental expertise,selecting the lead agency,and applying these rules-to current agency activities. Spokane 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 A COUNTY/CITY 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 AGENCY FOR PRIVATE PROJECTS REQUIRING LICENSES FROM MORE THAN ONE STATE AGENCY 197-11-938 LEAD AGENCIES FOR SPECIFIC PROPOSAL 197-11-940 TRANSFER OF LEAD AGENCY STATUS TO A STATE AGENCY 197-11-942 AGREEMENTS ON LEAD AGENCY STATUS • • 19741-944• AGREEMENTS ON DIVISION OF LEAD AGENCY'DUTIES • - . • :197-11-946 DOE RESOLUTION OF LEAD AGENCY DISPUTES • • .197-11-948 ASSUMPTION OF LEAD AGENCY STATUS • • 11.10.190 Critical areas. The maps, rules, and regulations set forth in the Spokane County Critical Areas Ordinance, as amended, designate the location of environmentally sensitive areas within Spokane County. Proposals that will be located within critical areas are to be treated no differently than other proposals under this ordinance.-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. 11.10.200 Fees. • (1) Spokane County exercises the option presented in section 197-11-914 WAC to recover all or a .substantial portion of the costs of SEPA compliance as regards a private proposal in the manner detailed below. • (2) Public notices. The full cost of giving public notices shall be recovered from, or borne by, the proponent of private proposals subject to this ordinance. 10- 1 • • • -(3) Threshold determination_ The City of Spokane, Spokane County, Spokane Regional Health District, . and Spokane County Air Pollution Control Authority may, through separate ordinances, resolutions, • or rules, establish fees to recover expenses from the applicant. These established fees shall accompany each completed environmental checklist submitted to Spokane County. The time periods provided by this ordinance for making a threshold determination shall not begin to run until payment of a fee is received. • (4) When an EIS is required for a private proposal, the applicant shall comply with 11.10.120, and 11.10.122. Each jurisdiction may recover from the applicant such costs as are reasonable and associated with (a)scoping, (b) preparation of a DEIS and/or SDEIS, (c) review/comment responses, (d) any separate public hearing, (e)preparation of the FEIS and/or'FSPTS and (f) any miscellaneous costs identified by the responsible official. Fee(s)to recover such costs shall be based on the staff time • spent on the project using established rates, and may include printing and /or mailing costs. A - deposit as set forth in an adopted fee schedule, against which administrative and other costs will be - applied, shall be deposited with the Spokane County before production of an EIS will begin. Such other deposits as are necessary to cover administrative costs will be made as monies on deposit are depleted. Production of the EIS may be suspended in the event additional monies are not deposited upon request. • (5) Spokane County shall not collect a fee for performing its duties as a consulted agency.' (6) Spokane County may charge any person for copies of any document prepared under this ordinance - • and for mailing the document in a manner provided by chapter 42.17 RCW. • (7) Each jurisdiction shall adopt fees for the implementation of this ordinance pursuant to its own- procedures. 11.10.210 Amending this ordinance. This'ordinance may be amended by initiative of the.City of . Spokane, Spokane County, Spokane Regional Health District, and/or Spokane County Air Pollution • Control Authority when it is necessary to reflect changes in local conditions or when chapter 43.21C RCW - or chapter 197-11 WAC is amended. When an agency seeks to amend this ordinance,it shall submit such proposal to the other participating jurisdictions. Each jurisdiction will appoint a representative to an interlocal amendment committee, which will develop mutually agreeable amendment language. The interlocal amendment committee will recommend the amendment to each of the other jurisdictions for adoption. The interlocal amendment committee will remain active until the amendment is adopted by each of the City of Spokane,Spokane County,Spokane Regional Health District and Spokane County Air Pollution Control Authority or until it is determined to discontinue pursuing the amendment, at which time it shall be disbanded. • 11.10.215 SEPA public information. Spokane 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. The various SEPA documents shall be retained as they may be associated with the particular file cases either generally by Spokane County or handled as licenses or permits for Spokane.County in accordance with the pertinent statute of limitations regarding such files. Any of the City of Spokane, Spokane County, • Spokane Regional Health District, or Spokane County Air Pollution Control Authority may establish a reference file of pertinent SEPA documents to be filed in a single place and made available to the public. • • • 10-2 • • , • 1110.220 Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordm' art' ce,or the application of the provision to other persons or circumstances,shall not be affected. • • • tvrrioei5I,,5 iF.1 ,1 . .,tr: qz.ws .444 11" • "" to.> • , ?_4 j • -- • „„,;=:?.,... _ • - • -— — `=-4-• r" ' 41""•'" r • - , e 1•Po.: • lt.14■-• mS:4- • • Orir+,'• • . .e • • - i'lt!..t.eu,.Xta*,,n ,.%10;Sif.W.q- .t • • s: 6 : - - 4 • , , . - ^ ' • • •t, •AulTVn `t4*;1-.0 ' ' • " •-- - - • ••• • • .; ';•• 4V"--""' 2 -.;i•-•••• r.vk, Alt-TeVo;4.tifis-..:;.:'fr.-.17 1-4144,skr•pi,-, • r 11%1.'104 fj..! . f• 11;1;t;s tfra ;.41:14 "132 Vr•A:j.-A0,14A .rtrrr--4;arg'illk-OW"` 45"" .e.41%?. 4 .47 AV*. - • * .*-14 •=.", 14, — • • • • • • • • • • • • • • • 10-3 - PART ELEVEN FORMS • • 11.10.230 Adoption'by reference. Spokane.County adopts the following forms for us a in carrying out the local SEPA procedures. These forms may be amended administratively provided there is concurrency between the City of Spokane, Spokane County, Spokane Regional Health District and Spokane County Air Pollution Control Authority. (1) Spokane Environmental Checklist • (2) Spokane Adoption Notice (3) Spokane Determination of Nonsignificance(DNS/ Optional DNS) _ (4) Spokane Determination of Significance and Scoping Notice(DS) (5) Spokane Notice of Assumption of Lead Agency Status l I!I III • - (6) Spokane Notice of Action. SPOKANE COL/TY See Appendix C for samples of MDNS,Supplements,and Addendums forms not adopted by this ordinance that serve for example purposes only. • • • • • • • • • • • • • • • • • II - I • ;)K410:ENVIROI\'IVI. NTAL.ORDINAN1 (WAC 197-11-960) Section 11.10.230(1) . Environmental Checklist . File No. . • Purpose of Checklist: The State Environmental Policy Act (SEPA) chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment The purpose of this checklist is to provide information to help you and the • agency identify impacts from your proposal (and-to reduce or avoid impacts from the proposal, if it can be done)and to help the agency decide Whether an EIS is required. Instructions far Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts•of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known,or give the best description you can. • . You must answer each question accurately and carefully, to the best of your knowledge. In most cases, ' you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question.does not apply to your proposal, write"do not know"or"does not apply." Complete answers to the questions now may avoid unnecessary delays later. • • Some questions ask about governmental regulations, such as zoning, shoreline, and. landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal,even if you plan to do them over a period•of time or on different parcels of land. Attach any additional information that will describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant • adverse impact. • Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals,even though questions may be answered "does not apply." • IN ADDITION,complete the SUPPLEMENTAL SHEET FOR NONPROJECI'ACTIONS(Part D). For nonproject actions,the references in the checklist to the words.• project," "applicant," and."property or site"should be read as"proposal," "proposer,"and "affected geographic area,"respectively. A. .BACKGROUND 1. Name of proposed project,if applicable: • 2. Name of applicant: 3. Address and phone number of applicant or contact person: 4. Date checklist prepared: • 5. Agency requesting checklist 11 -2 • • 1 • \DKAI\`E ENVIRONMENTAL ORDINAIVr • (WAC 197-11-960) Section 11.10.230(1) 6. Proposed timing or schedule(including phasing,if applicable): • 7. a.. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes,explain. b.- Do you own or have options on land nearby or adjacent to this proposal? If yes, explain. 8. List any environmental information you know about that has been prepared, or will be . . prepared,directly related to his proposal. • 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes,explain. • 10. List any government approvals or permits that will be needed for your proposal,if known. H. Give brief,complete description of your proposal,including the proposed uses and the size • of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this • • page. • 11 -3 • OKANE ENVIRONMENTAL ORDILNA11' (\VAC 197-11-960) Section 11.10.230(1) • 12.• Location of the proposal. Give sufficient information to a person to understand the precise • location of your proposed project,including a street address, if any, and section, township • and range, if known. If a proposal would occur over a range of area,provide the range or • - • boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map,if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit application related to this checklist. - :13. Does the proposed action lie within the Aquifer Sensitive Area (ASA)? The General Sewer Service Area? The Priority Sewer Service Area? The City of Spokane? (See: Spokane County's ASA Overlay Zone Atlas for boundaries.) • 14. The following questions supplement Part A. a. Critical Aquifer Recharge Area (CARA)/Aquifer Sensitive Area(ASAI (1) Describe any systems, other than those designed for the disposal of sanitary waste, installed for the purpose of discharging fluids below the ground surface (includes systems•such as those for the disposal of stormwater or drainage from floor drains). Describe the type of system, the amount of material to be disposed of through the system and the types of material likely to be disposed of (including materials which may enter the system inadvertently through spills or as a result of firefighting activities). • • • • •(2) Will any chemicals (especially organic solvents or petroleum fuels) be stored in ,aboveground or underground storage tanks? . If so, what.types• and quantities of.. material will be stored? • • (3) What protective measures will be taken to insure that leaks or spills of any chemicals stored or used on site will not be allowed to percolate to groundwater. This includes measures to keep chemicals out of disposal systems. • • 11 -4 • • r. 'OKANE ENVIRONMENTAL OEPINA1N (VAC 197-11-960) Section 11:10.230(1) (4) Will any chemicals be stored, handled or used on the site in a location where a spill or leak will drain to surface or groundwater or to a stormwater disposal system discharging to surface or groundwater? • • • • b: Stormwater • • (1) What are the depths on the site to groundwater and to bedrock(if known)? • (2) Will stormwater be discharged into the ground? If so,describe any potential impacts? • TO BE COMPLETED BY APPLICANT - B. ENVIRONMENTAL ELEMENTS Evaluation for Agency Use 1. Earth . Only a. General description of the site(circle one): flat, rolling,hilly,steep slopes, - mountains,other. • b. What is the steepest slope on the site(approximate percent slope)? • c. What general types of soils are found on-the site(for example,clay,sand, • gravel,peat,muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. d. Are there surface indications or history of unstable soils in the immediate vicinity? if so,describe_ • • • • 11 -5 • • .OKANE ENVIRONMENTAL ORDINAr.. (WAC 197-11-960) Section 11.10.230(1) • Evaluation for • Agency Use e. Describe the purpose,type,and approximate quantities of any filling or Only grading proposed. Indicate source of fill: . • • f. Could erosion occur as a result of clearing,construction,or use? If so, generally describe. g. About what percent of the site will be covered with impervious surfaces • after project construction(for example,asphalt or buildings)? - • • h. Proposed measures to reduce or control erosion or other impacts to the earth,if any: 2. Air a. What type of emissions to the air would result from the proposal (i.e.,dust, automobile,odors,industrial,wood smoke)during constriction and when the project is completed?If any,generally describe and give approximate quantities if known. • • b. Are there any off-site sources of emissions or odor that may affect your • proposal? If so,generally describe. c. Proposed measures to reduce or control emissions or other impacts to air, if any: • 3. Water • a. SURFACE: • • • • 11 -6 • • • ..)KANE ENVIRONMENTAL ORDINAN • • (WAC 197-11-960) Section 11.10.230(1) Evaluation for Agency Use (1) Is there any surface water body on or in the immediate vicinity of the site Only (including year-round and seasonal streams,saltwater,lakes,ponds, • wetlands)? If yes, describe type and provide names. If appropriate,state what stream or river it flows into. • (2) Will the project require any work over,in,or adjacent to(within 200 feet) the described waters? If yes,please describe and attach available plans. • • • (3) Estimate the amount of fill and dredge material that would be placed in or removed from the surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. • (4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if lmown. (5) Does the proposal lie within a 100-year floodplain? If so,note • location on the site plan. •• • • (6) Does the proposal involve any discharge of waste materials to surface - waters? If so, describe the type of waste and anticipated volume of discharge. . b. GROUND: (1) Will groundwater be withdrawn, or will Water be discharged to groundwater? Give general description, purpose, and approximate • quantities if known. 11 -7 • • • • • n • 'oKANE ENVLRONMENTAL ORDINAT • (WAC 197-11-960) Section 11'.10.230(1) • Evaluation'for (2) Describe waste material that will be discharged into the ground from Agency Use • septic tanks or other sanitary waste treatment facility. Describe the Only general size of the system, the number of houses to be, served (if applicable) or the number of persons the systems) are expected to serve. • c. WATER RUNOFF(INCLUDING STORMWATER): (1) Describe the source of runoff (including stormwater) and method of collection and disposal if any (include quantities, if known). Where • will this water flow? Will this water flow into other waters? If so, describe. • • Could waste materials enter ground or surface waters? If so,' generally describe. • d. PROPOSED MEASURES'to reduce or control surface,ground,and runoff water impacts,if any. • 4. Plants a. Check or circle type of vegetation found on the site: . Deciduous tree: alder,maple,aspen,other. Evergreen tree: fir, cedar,pine,other. • Shrubs • Grass Pasture Crop or grain Wet soil plants,cattail,buttercup, bullrush, skunk cabbage,other. • Waterplants:water hilly,eelgrass,milfoil, other. _Other types of vegetation. • • 11 -8 • . • ` OKANE ENVIRONMENTAL ORDINAP, (WAC. 197-11-960) Section 1 1.10.230(1) . Evaluation for .b. What kind and amount of vegetation will be removed or altered? Agency Use . - . : only. c. List threatened or endangered species known to be on or near the site. _ d. Proposed landscaping,use of native plants,or other measures to preserve • or enhance vegetation on the site,if any: 5. Animals a. Circle any birds and animals which have been observed on or near the site are known to be on or near the site: • birds: hawk,heron,eagle,songbirds,other: mammals: deer, bear, elk, beaver, other: • • fish: bass,salmon, trout, herring,shellfish,other • other: • • b. List any threatened or endangered species known to be on or near the . site. • • • c. Is the site part of a migration route? If so,explain. • • d. Proposed measures to preserve or enhance wildlife,if any: • • • 6. Energy and natural resources .a. What kinds or energy (electric, natural gas, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating,manufacturing,etc. • • b; Would your project affect the potential use of solar energy by adjacent properties? If so,generally describe. 11 -9 • • r. ;°KANE ENVIRONMENTAL ORD WAIN (WAC 197-11-960) Section 11.10.230(1) Evaluation for Agency Use c. What kinds of energy conservation features are included in the.plans Only of this proposal? List other proposed measures to reduce or control energy impacts,if any: ' • 7. Environmental health • a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so,describe. • (1) Describe special emergency services that might be required. • (2) Proposed measures to reduce or control environmental health hazards,if any: • • b. NOISE: (1) What types of noise exist in the area which may affect your project(for • • example: traffic,equipment,operation,other)? • (2) What types and levels of noise would be created by or associated with - • • the project on a short-term or a long-term basis (for example: traffic, construction,operation,other)? Indicate what hours noise would come from the site: (3) Proposed measure to reduce or control noise impacts,if any: 11 - 10 • • OKANE ENVIRONMENTAL ORDINAL' • (\VAC 197-1 1-960) Section 11.10.230(1) Evaluation for 8. Land and shoreline use Agency Use . . Only a. What is the current use of the site and adjacent properties? b. Has the site been used for agriculture? If so, describe. c. Describe any structures on the site. ' • d. Will any structures be demolished? If so,which? e. What is the current zoning classification of the site? • f. What is the current comprehensive plan designation of the site? g. If applicable, what is the current shoreline master program designation of the site? h. Has any part of the site been classified as a critical area? If so,specify. _ • i. Approximately how many people would reside or work in the completed • project? j. Approximately how many people would the completed project displace? • • • k. Proposed measures to avoid or reduce displacement impacts,if any: _ 11 - 11 • )KANE ENVIRONMENTAL ORDINAN' • •(WAC 197-11-960) Section 11.10230(1) • Evaluation for L Proposed measures to ensure the proposal•is compatible with existing Agency Use and projected land uses and plans,if any: Onc y ly 9. Housing a. Approximately how many units would be provided, if any? Indicate whether high,middle or low-income housing. • b. Approximately how many units, if any,would be eliminated? Indicate whether high-,middle-or low-income housing. • c. Proposed measures to reduce or control housing impacts,if any: • 10. Aesthetics • a. What is the tallest height of any proposed structure(s), not including • • antennas;what is the principal exterior building materials)proposed? • b. What views in the immediate vicinity would be altered or obstructed? _ • c. Proposed measures to reduce or control aesthetic impacts,if any: 11. tight and Glare • a. What type of light or glare will the proposal produce? What time of day would it mainly occur? • • • 11 - 12 • • A OKAN''E ENVIRONMENTAL OE.DINA1, (MAC 197-11-960) Section 11.10.230(1) Evaluation for b. Could light or glare from the finished project be a safety hazard or Ag en OnlyUse • interfere with views? . • c. What existing off-site sources of light or glare may affect your proposal? • • d. Proposed measures to reduce or control fight and glare impacts, if any: 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity? • b. Would the proposed project displace any existing recreational uses? If • so,describe. c. Proposed measures to reduce or control impacts on recreation,including - ' recreation opportunities to be provided by the project or applicant, if any: • 13. Historic and cultural preservation. - • a. Are there any places or objects listed on, or proposed for,national,state, • or local preservation registers known to be on or next to the site? If so, generally describe. • • b. Generally describe any landmarks or evidence of historic archaeological, • scientific or cultural importance known to be on or next to the site. • c. Proposed measures to reduce or control impacts,if any: 11 - 13 • • • :OKANE ENVIRONMENTAL ORAINAI' (WAC.197-11-960) Section 11.10.230(1) • Evaluation for• Agency Use 14. Transportation . Only a. Identify public streets and highways serving. the site, and describe proposed access to the existing street system. Show on site plans,if any. • b. Is site currently served by public transit? If not,what is the approximate distance to the nearest transit stop? • c. How many parking spaces would the completed project have? How many would the project eliminate? • d. Will the proposal require any new roads or streets, or improvements to • existing roads or streets not including driveways? If so, generally describe(indicate whether public or private). e. Will the project use (or occur in the immediate vicinity of) water, rail or • air transportation? If so,generally describe. • f. How many vehicular trips per day would be generated by the completed - project? If known,indicate when peak would occur. • • • (Note:to assist in review and if known indicate vehicle trips during PM peak, • AM Peak and Weekday(24 hours)) g. Proposed.measures to reduce or control transportation impacts,if any: • • • 15. Public services a. Would the project result in an increased need for public services (for -,example: fire protection, police protection,health care, schools, other)? If • so,generally describe. • • .b. Proposed measures to reduce or control direct impacts on public services, if any:_ 11 - 14 • • • )OKANE ENVIRONMENTAL ORDLN'AF • (WAC 197-11-960) Section 11.10.230(1) Evaluation for 16. Utilities Agency Use Only a. Circle utilities currently available at the site: electricity, natural gas,;water, refuse service, telephone,sanitary sewer,septic system,other b. Describe the utilities that are proposed for the project, the utility providing the service and the general construction activities on the site or in the • immediate vicinity which might be needed. • C. SIGNATURE • • I,the undersigned,swear under penalty of perjury that the above responses are made truthfully and to the best of my knowledge. I also understand that,should there be any willful misrepresentation or willful lack of full disclosure on my part,the agency must withdraw any determination of Nonsignificance that it • might issue in reliance upon this checklist. • Date: Signature: PIease Print or Type: • • Proponent Address: • Phone: Person completing • form(if different from proponent): Address: • • .Phone: - • FOR STAFF USE ONLY • Staff members)reviewing checklist _ • - Based on this staff review of the environmental checklist and other pertinent information,the staff concludes that: A. there are no probable significant adverse impacts and recommends a Determination of Nonsignificance. B. • probable significant adverse environmental impacts do exist for the current proposal and • recommends a Mitigated Determination of Nonsignificance with conditions- _ C. there are probable significant adverse environmental impacts and recommends a Determination of Significance. 11 - 15 • OKANE ENVIRONMENTAL,ORD1NAr • • («AC 197-11-960) Section 11.10.230(1) - • 0; SUPPLEMENTAL SHEET FOR NONPROJEC`r ACTIONS (Do not use this sheet for project actions) • Because these questions are very general,it may be helpful to read them in- • conjunction with the list of elements of the environment. When answering these questions,be aware of the extent the proposal,or the types of activities likely to result from the proposal,would affect the item at a greater • intensity or at a faster rate than if the proposal were not implemented. Respond • • briefly and in general terms. • • • 1. How would the proposal be likely to increase discharge to water;emissions to air;production,storage or release of toxic or hazardous substances;or production of noise? • • • Proposed measures to avoid or reduce such increases are: • 2. How would the proposal be likely to affect plants,animals,fish or marine life? • • Proposed measures to protect or conserve plants,animals,fish or marine life • are: . • • • 3. How would the proposal be likely to deplete energy or natural resources? • • Proposed measures to protect or conserve energy and natural resources are: • • 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas • designated(or eligible or under study)for governmental protection,such as parks, • • wilderness,wild and scenic rivers,threatened or endangered species habitat,historic or cultural sites,wetlands,flood plains or prime farmlands? • • 11 - 16 • • • ,OKANE ENVIRONMENTAL ORDI AP' (WAC 197-11-960) Section 11.10.230(1) Proposed measures to protect such resources or to avoid or reduce impacts are: • • • 5. How would the proposal be likely to affect land and shoreline use,including whether it would allow or encourage land or shoreline uses incompatible with existing plans? • • • Proposed measures to avoid or reduce shoreline and land use impacts are: • 6. How would the proposal be likely to increase demands on transportation or public • services and utilities? • • Proposed measures to reduce or respond to such demand(s)are: • • 7. Identify,if possible,whether the proposal may conflict with local,state or federal laws or requirements for-the protection of the environment. . . • • C. SIGNATURE - _ I,the undersigned,swear under penalty of perjury that the above responses are made truthfully and to the best of my lmowledge. I also understand that,should there be any willful misrepresentation or willful • . lack of full disclosure on my part, the agency may withdraw any Determination of Nonsignificance that it might issue in reliance upon this checklists Date: Signature: • Please Print or Type: 0 Proponent: Address: • Phone: • • Person completing form(if different from proponent): • - • • Address: Phone: • 11 - 17 • • • �, DI ANE ENVIRONMENTAL ORDINAN., (WAC 197-11-960) Section 11.10.230(1) • FOR STAFF USE ONLY . Staff member(s)reviewing checklist Based on this staff review of the environmental checklist and other pertinent information,the staff concludes that A. _ there are no probable significant adverse impacts and recommends a Determination of. • Nonsignificance. 13. _ probable significant adverse impacts do exist for the current proposal and recommends a Mitigated Determination of Nonsignificance with conditions. there are probable significant adverse environmental impacts and recommends a Determination of Significance. • • • • • • • • • • 11 - 18 • • SPOKANE ENVIRONMENTAL ORDIf ;CE (WAC 197-11-965) Section 11:10.230(2) File No. Adoption Notice ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENT Adoption for(check appropriate box) DNS EIS Other Description of proposal Proponent Location of current proposal • Title of document being adopted • Agency that prepared document being adopted Date adopted document was prepared Description of document(or portion)being adopted • • If document being adopted has been challenged (197-11-630),please describe: • The document is available to be read at(place/time): We have identified and adopted this document as being appropriate for this proposal after independent• review. The document meets our environmental review needs for the current proposal and will • accompany the proposal to the decision maker. • Name of agency adopting document: Contact person,if other than responsible official: Phone: Responsible official: Position/Title: Phone: Address: Date: Signature: •• 11 - 19. • Si'; .01E ENVIRONMENTAL ORDINANCE (WAG. 197-11-970) Section 11.10.230(3) File No. • • Determination of Nonsignificance(DNS). • DETERMINATION OF NONSIGNIFICANCE • Description of proposal • • • Proponent • - Location of proposal,including street address,if any • • Lead agency • • • • The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An Environmental Impact Statement(EIS) is not required under RCW 43.21C.034(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request. [ .] There is no comment periodfor this DNS. - • [ ] This DNS is issued after using the optional DNS process in section 197-11-355 WAC- There is no further comment period on the DNS. • - [ ] This DNS is issued under 197-11-340(2);the lead agency will not act on this proposal for . 14 days from the date below. Comments must be submitted by •- • Responsible official Position/title - Phone • Address • • Date - Signature • You may appeal this determination to(name) at(location) • no later than(date) • •by(method) • You should be prepared to make specific factual objections. Contact to read.or ask about the procedures for SETA appeals. 1 1 -20 1 . G'OKAINE ENVIRONMENTAL OR:. '(_ANCE (WAC 197-11-980) Section 11.10.230(4) File No. - Determination of Significance and Scoping Notice(DS) • DETERMINATION OF SIGNIFICANCE AND REQUEST FOR COMMENTS ON SCOPE OF EIS • Description of proposal • Proponent • • Location of proposal • Lead agency FTS required. The lead agency has determined this proposal is likely to have a significant adverse impact on the environment. An Environmental Impact Statement(EIS)is required under RCW 43.210-030(2)(c) and will-be prepared. An environmental checklist or other materials indicating likely environmental impacts can be reviewed at our.offices. .The lead agency has identified the following areas for discussion•in the EIS. • Scoping. Agency,affected tribes and members of the public are invited to comment on the scope of the You may comment on alternatives,mitigation measures,probable significant adverse impacts and licenses or other approvals that may be required. The method and deadline for giving us your comments is: •Responsible official • Position/title Phone Address • Date Signature • You may appeal this determination of significance to(name) at(location) no later than(date) by(method) • • • You should be prepared to make specific factual objections. Contact to read or ask about the procedures-for SEPA appeals. 11 -21 • • • SPOK IE ENVIRONMENTAL.ORDINAL • (WAC•197-11-9135) Section 11.10230(5) - File No. - Notice of Assumption • NOTICE OF ASSUMPTION OF LEAD AGENCY STATUS Description of proposal • Proponent • - Location of proposal • Initial lead agency New lead agency The initial lead agency has determined this proposal was not likely to have significant adverse impact on the environment,according to its determination of Nonsignificance dated. We have reviewed the environmental checklist and related information. In our opinion,an Environmental Impact Statement(EIS) is required on the proposal because of the following impacts. • You are being notified that we assume the responsibility of lead agency under SEPA,including the duty to prepare an EIS on the proposal. • • Responsible official • - Position/title -• • Address • Date - Signature - • • • • • • • • 11 -22 • b • SPOKANE ENVIRONMENTAL ORDINANCE Section 11.10.230(6) Notice of Action File No. • NOTICE OF ACTION NOTICE IS GIVEN UNDER SEPA,RCW 43.21C.080,THAT (Name of agency or entity) TOOK THE ACTION DESCRIBED IN(2)BELOW ON (Date) 1. ANY ACTION TO SET ASIDE,ENJOIN,REVIEW OR OTHERWISE CHALLENGE SUCH ACTION • ON THE GROUNDS OF NONCOMPLIANCE WITH THE PROVISIONS OF CHAPTER 43.21C RCW (STATE ENVIRONMENTAL POLICY ACT)SHALL BE COMMENCED ON OR BEFORE (Date) 2. DESCRIPTION OF AGENCY ACTIONS: 3. DESCRIPTION OF PROPOSAL(IF NOT COVERED BY 2 ABOVE): •• 4. LOCATION OF PROPOSAL(A SUFFICIENT DESCRIPTION SHOULD BE GIVEN TO LOCATE THE SITE,IF ANY,BUT A COMPLETE LEGAL DESCRIPTION IS NOT REQUIRED): 5. TYPE OF ENVIRONMENTAL REVIEW UNDER SEPA(INCLUDE NAME AND DATE OF ANY• • ENVIRONMENTAL DOCUMENTS): 6. DOCUMENTS MAY BE EXAMINED DURING REGULAR BUSINESS HOURS AT(LOCATION, INCLUDING ROOM NUMBER,IF ANY): 7. NAME OF AGENCY,PROPONENT OR APPLICANT GIVING NOTICE: • 8. THIS NOTICE IS FILED BY(SIGNATURE OF INDIVIDUAL AND CAPACITY IN WHICH THE PERSON IS SIGNING): • DATE • 11 -23 • • e -- APPENDIX A SPOKANE COUNTY SEPA POLICIES • This document entitled "Spokane County SEPA Policies" is adopted and may be amended pursuant to section 197-11-902 WAC by resolution of,the Board of County Commissioners. It is . the plans, rules and regulations, and all amendments thereto, for the application of substantive authority pursuant to 11.10.160. 1. Spokane County Code; • 2. Spokane County Comprehensive Plan and Urban Growth Areas, and neighborhood subarea plans; • 3. Spokane County Shoreline Program; 4. Spokane County Critical Areas Ordinance; . 5. Spokane County Zoning Code; • 6. Spokane County Subdivision Ordinance; 7. Spokane County Capital Facilities Plan; • 8. Spokane County Comprehensive Wastewater Management Plan; 9. Spokane County Coordinated Water System Nan, chapter 70.116 and 90.03 RCW,and Title 246, WAC; • 10. Spokane County Comprehensive Solid Waste Management Plan; .11. Spokane County Parks and.Recreation'Comprehensive Plan; 12. Spokane Aquifer Water Quality Management Plan (208 Plan); 13.Spokane County Hearing Examiner Ordinance; • 14. Spokane County Sanitary Sewer; 15. Spokane County Standards for Road and Sewer Construction; • 46. Stormwater Management Plans, as adopted by Spokane County; 17. Guidelines for Spokane County Stormwater Management; 18. Spokane County Stormwater Control Ordinances; 19. Spokane County Utility Accommodation Policy; 20. Critical Materials Handbook,as referenced in Title 3 of the Spokane County Code; 21. Spokane County Department of Public Works,Engineering Division, Six-Year Transportation Improvement Program; 22. Spokane Area Wellhead Protection Program; 23. Chapter 84.34 RCW, Open Space,Agricultural, Timber Lands-Current Uses- " Conservation Futures, and chapter 458-30 WAC; 24. Chapter 90.58 RCW, Shoreline Management Act of 1971, and chapters 173-14, 173-16, 173-18, 173-19, 173-20 and 173-22 WAC; - A- 1 • • • • APPENDIX A SPOKANE COUNTY SEPA POLICIES 25..Chapter•43.21C RCW, State Environmental Policy, and chapter 197-11 WAC; 26. Title 58 RCW,Boundaries and Plats; 27. Spokane County Erosion and Sediment Control Ordinance; 28. Chapter 19.27 RCW, State Building Code, as locally amended,adopted, administered and enforced; 29. Chapter 76.09, 34.05, 43.21 C.037 RCW, Forest Practices; • 30. Spokane County Timber Harvest Ordinance; • 31. Chapter 173-60 WAC, Maximum Environmental Noise Levels; 32. Spokane County Flood Damage Protection Ordinance; • 33. Recommendations and positions based upon memorandums of agreement between . Spokane County and other jurisdictions including Fairchild Air Force Base; 34..Reports,technical studies, and/or maps found in the "Soil Survey—Spokane County, • Washington,"published materials by the Natural Resources Conservation Service and Department of Natural Resources; • • 35. The National Rifle Association Range Sourcebook regarding safe shooting ranges; 36..The National Fire Code published by,the National Fire Protection Association,including any referenced publications/documents; 37. Any technical books or publications used as reference material in the " • • administration/enforcement of chapter 19.27 RCW; • • A-2 • APPENDIX-B • • SEPA EXEMPTION LEVELS MATRIX(D4FORMATIONAL ONLY) . • The following matrix serves for informational purposes only and should not be interpreted as law. Departments may administratively update this, matrix for their own information. See - Washington Administrative Code (WAC) chapter 197=11, and the provisions set forth in this . ordinance for specific SEPA exemption rules and regulations . tezone X _ Special Permit Use Permit When Project Meets flexible X Thresholds Variances Not including change in use or density) X Short Plats or Short Subdivisions X1 S ort Plat Within Land Previously Platted X . License for Discharge to Water . X Activities Critical Areas • Xz . Annexation Into A City X. License for Discharge to Air • X _ < 20 Dwelling Units X Agricultural Buildings <20,000 Square Foot X Office, School, Commercial,Recreational, Service, X • - Storage.Buildings< 12,000 Square Feet And Up to 40 •. Parking Spaces • ". Parking Lots<40-Parking Spaces X - • • - _ Landfills And Excavations<500 Cubic Yards _ • . X . . Transit Stops X - • • Signs And Signals • X . Minor Road Repair including Pedestrian and Bike X • :. Facilities • . Additions To Building Below the Flexible •l hresholds X Building Demolition Below Flexible Ihresholds X . Demolition of Buildings of Histonc Significance . X Underground Tanks < 10,000 gallons X -• Vacation of Streets And Roads - X Hydrological Measuring Devises X . Survey-and Boundary Markers X Repair, Remodeling, Maintenance or Existing Structures XI Mror Repair or Replacement of Structures . XI Dredging X Reconstruction/Maintenance Shoreline Protection X Measures - Replacement of Utilities/ Utility Lines X3 Repair/Rebuilding Dams, Dikes or Reservoirs X Water Rights and Structures For <.)0 c/f/s of Surface X Water for Irrigation • B- I r ` y. I. 1 ° APPENDII B • t:IC ., eF u-- i )•••f � t, F '�4 n a:4#F1.ry R+BFJ W ___ Water light Structures For I ells or 13 gip mm or Ground Water . - ale, 'lransterange or ease o an - Iosure of Sc oo s an • (Spen l4urni.ng anances n ei the C]ean i Act , - ; • ssuauce, .'enew{ , ' eviszon 0 r _perating ermit Water uality C ertifications - ctivities v -ire and Law Enforcement Exempt • Construction - . •-Ilioposal Or Adoption of.k u es, egg a#�ons, - X Resolutions Ordinance or Plan Relating To Procedures • and Contains No Standards . - • • option o tate Builder .odes --- • 1 adoption a Noise {Ordinances ? - ° - staJ]ation, Constructio elocation Ut UtiI]tics • Except The Following: - - . . I. Communication Towers or Relay Stations - . Stormwater, Water and Sewer with lines > 8 • - - - inches • ` ' 3. Electrical Facilities and Lines = , . i f, -. . . , • . . _ , --. , • (------, . . . . _• . .. . I ,, , • • . . . . . . . . :. ., - . . . • . .• . . 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EFFECTIVE NOVEMBER 19, 2002 . .. •• •... , - . • • SPOKANE ENVIRONMENTAL ORDINANCE SECTION • PACE PART ONE AUTHORITY • • 1110.010 Authority 1 -1 PART TWO GENERAL REQUIREMENTS 1110.020 - Purpose of this part and adoption by reference 2-1 11.10.040 Designation of responsible official 2-1 11.10.050 Lead agency determination and responsibilities 2-2 • 11.10.055 Other timing and additional considerations applicable to the SEPA process 2-2 PART TI•IREE CATEGORICAL EXEMPTIONS AND THRESHOLD DEI•hRMINATIONS 1.1.10.065 Purpose of this part and adoption by reference 3-1 11 10.070 flexible thresholds for categorical exemptions 3-1 11.1.0.075 Categorical Exemptions-Applicability 3-1 11.10.080 Use of exemptions • 3-2 11.10.090 Environmental checklist 3-3 11.10.100 Mitigated Determination of Nonsignificance(DNS) 3-4 . J PART FOUR ENVIRONMENTAL IMPACT STATEMENT(EIS) :11.10.110 Purpose of this part and adoption by reference 4-1 11.10.120 Preparation of EIS-additional considerations 4-1 11.10.122 Additional elements to be covered in an EIS 4-2 PART FIVE COMMENTING 11.10.128 Adoption by reference 5-1 11.10.130 Public notice 5-1 11.10.140 Designation of official to perform consulted agency responsibilities for Spokane Countyl 5-2 PART SIX USING EXISTING ENVIRONMENTAL DOCUMENTS 11.10.150 Purpose of this part and adoption by reference 6-1 I PART SEVEN SEPA AND AGENCY DECISIONS PAGE 11.10.155 Purpose of this part and adoption by reference 7-1• 1110.160 Substantive authority 7-1 • 11.10.170 Appeals 7-2 PART EIGHT DEFINITIONS 11.10.175 Purpose of this part and adoption by reference 8-1 11.10.177 Additional definitions 8-2 PART NINE CATEGORICAL EXEMPTIONS 11.10.180 Adoption by reference 9-1 11.10.182 Certification of emergencies 9-1 PART TEN AGENCY COMPLIANCE 11.10.185 Purpose of this part and adoption by reference -10-1. 1110190 Critical areas .10-1 11.10.200 Fees 10-1 11.10.210 Amending this ordinance 10-2 11.10.215 SEPA public information 10-2• 11.10.220 Severability 10-3 PART ELEVEN FORMS 1110.230 Adoption by reference 11 -1 APPENDIXES Appendix A SEPA Policies Appendix B SEPA Exemption Levels Matrix Appendix C Additional Environmental Forms . Appendix D Summary of SEPA Process/ SEPA Public Involvement Requirements Appendix 11 SEPA Fees Schedule 1 Each jurisdiction adopting this ordinance(City of Spokane, Spokane County, Spokane Regional Health District, and Spokane County Air Pollution Control Authority)will insert the appropriate reference. it 1 II �� PART ONE AUTHORITY 11.10.010 Authority. Spokane County adopts this ordinance under the State Environmental Policy Act(SEPA),section 43.21C.120 RCW,and the SEPA rules,section 197-11-904 WAC. This ordinance contains Spokane County's SEPA procedures and policies. The intent of this ordinance is to establish uniform environmental review requirements between the City of Spokane, Spokane County, Spokane Regional Health District, and Spokane County Air Pollution Control Authority while allowing each jurisdiction to maintain flexible review procedures as specified in the ordinance. The SEPA rules,chapter 197-11 WAC,must be used in conjunction with this ordinance. v F Sfi„+- l q . .. -e rr}i ;34}'x' ,% w -4 �+f1,,, --s 1 S N Y'4 ~. f' -+4.v,;,,its <4 ,I a•; ,t,. ..4,. lit, :- /;;,,,,-...,,14 .-.. ,.. .: , -A 4, -.. .$,,k, t 011414 ir_it ,...,: s . 1 I„It! .t.::,,k , „,...1_...il i„.t.i.::. ,.14ieju... .7154::9.- -iilvi..v4. 4„,,A,.--!,11,4,;,*%-;, :1,0 v ---. 7 ..{:". . ..-A-% :,t.:,&,?4,',.!?.tk 1 - I PART TWO GENERAL REQUIREMENTS 11.10.020 Purpose of this part and adoption by reference. This part contains the basic requirements that apply to the SEPA process. Spokane County adopts the following sections of chapter 197-11 of the Washington Administrative Code by reference:. •WAC 197-11-040 DEFINITIONS ' , :; {t • 197-11-050 LEAD NS . f-• 'j 10 111 iIt 411 197-11-055 TIMING OF THE SEPA PROCESS ` ' e • 197-11-060 CONTENT OF ENVIRONMENTAL REVIEW �� �$' _FEE t'-�- {� -' � rK ` . 197-11-070 LIMITATIONS ON ACTIONS DURING SEPA PROCESS 197-11-080 INCOMPLETE OR UNAVAILABLE INFORMATION l - - f- r,{� f ' 197-11-090 SUPPORTING DOCUMENTS . :k - '. 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/MIA 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 • - 1.97-11-265 EARLY SCOPING FOR MTCA REMEDL.L ACTIONS 197-11-268 IvITCA INTERIM ACTIONS 11.10.040 Designation of responsible official. (1) For public proposals, the head (administrative official) of the department making the proposal shall . be the responsible official. 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. When multiple officials have permitting authority, the. assignment of responsibility shall be reached by agreement. (2) For all proposals for which Spokane 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 are adopted by reference in section 1110.020. (3) Spokane 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: 2- 1 • 11.10.050 Lead agency determination and agency responsibilities. (1) The department within Spokane County receiving an application for or initiating a proposal that involves a nonexempt action shall determine the lead agency for that proposal under sections 197-11- 050, 197-11-253, and 197-11-922 through 197-11-940 WAC 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 Iead agency. (2) When Spokane 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 Spokane County is not the lead agency for a proposal, all departments of Spokane County shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No Spokane County department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency unless required under section 197-11-600 WAC. In some cases,Spokane County may conduct supplemental environmental review under section 197-11-600 WAC. (4) If Spokane County or any of its departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of section 197-11-253,or sections 197-11-922 through 197-11-940 WAC, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within fifteen (15) days of receipt of the determination or Spokane County must petition the Department of Ecology for a lead agency determination under section 197-11-946 WAC within the fifteen (15) day time period. Any such petition on behalf of Spokane County may be initiated by the potential responsible official. (5) Departments of Spokane County are authorized to make agreements as to lead agency.status or shared • lead agency duties for a proposal under sections 197-11-942 and 197-11-944 WAC, 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). 11.10.055 Other timing and additional considerations applicable to the SEPA process. (1) The following time limits shall apply when there is no established agency procedure... Threshold determinations (a) When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction: (i) the responsible official should request such further information within seven (7) days of receiving an adequate application and completed environmental checklist; • (ii) the responsible official shall wait no longer than fourteen (14) days for a consulted agency to respond; 2-2 • • • • (iii) the responsible official should complete the threshold determination within seven(7) days of receiving the requested information from the applicant or the consulted agency. (b) When the responsible official must initiate further studies,including field investigations, to obtain the information to make the threshold determination,the responsible official should complete the studies within thirty(30) days of receiving an adequate application and a completed checklist (c) -The responsible official shall complete threshold determinations on actions where the applicant recommends in writing that an EIS be prepared within seven(7) days. - (2) For nonexempt proposals, the DNS or Final Environmental Impact Statement(FEES)for the proposal shall accompany the department's staff recommendation to any advisory or final-action body. (3) If the only action is a decision on a building permit or other license that requires detailed project plans • and specifications, Spokane County shall provide the applicant with the opportunity for environmental • review under SETA before requiring the applicant to submit such detailed project plans and specifications. ' (a) Spokane County may specify the amount of detail needed from the applicant for such early environmental review,consistent with sections 197-11-100 and 197-11-335 WAC. (b) This subsection does not preclude an applicant from preliminary discussions or exploration of ideas and options prior to commencing formal environmental review. • • • • • \.._ / 2-3 • PART THREE CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS 11.10.065 Purpose of this part and adoption by reference. This part 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. Spokane County adopts the following sections by reference,as supplemented in this part. • - WAC C,ata ;�,, •s 4�YrF r� �k� �± i� ,C < f rq 4 w i f7 19741-300 PURPOSE OF THIS PART k "1r • 197-11-305 CATEGORICAL EXEMPTIONS ' i4- . r 197-11.-310 THRESHOLD DETERMINATION REQUIRED 197-11-315 ENVIRONMENTAL CHECKLIST l a' -- 197-11-330 THRESHOLD DEIERMINAT ION PROCESS " n r 197-11-335 ADDITIONAL INFORMATION • 197-11-340 . DETERMINATION OF NONSIGNIFICANCE((D�'�NS l`-' ) X1.5 ',Yr.F ss,. 1 � -+.Ff•� r .,vl�;r 197-11-350 - MITIGATED DNS 197-11-355 OPTIONAL DNS PROCESS 197-11-360 D);1 ERMINATION OF SIGNIFICANCE(DS)/INITIATION OF SCOPING 197-11-390 EFFECT OF THRESHOLD DETERMINATION 11.10.070 flexible thresholds for categorical exemptions. In addition to those exemptions identified in Part Nine (Categorical Exemptions) of this ordinance, Spokane County establishes the following exempt levels for minor new construction under section 197-11- 800(1)(c)WAC,based on local conditions. (1) For residential dwelling units in section 197-11-800(1)(b)(i)WAC:up to 20 dwelling units. (2) For agricultural structures in section 197-11-800(1)(b)(ii)WAC:up to 20,000 square feet (3) For office,school,commercial,recreational,service or storage buildings in section 197-11-800(1)(b)(iii) WAC: up to 12,000 square feet and up to 40 parking spaces. (4) For parking lots in section 197-11-800(1)(b)(iv)WAC:up to 40 parking spaces. (5) For landfills and excavations in section 197-11-800(1)(b)(v)WAC: up to 500 cubic yards. 11.10.075 Categorical exemptions-applicability. (1) If a proposal fits within any of the provisions in 11.10.180(Part Nine) and 11.10.070,the proposal shall be categorically exempt from the threshold determination requirements (section 197-11-720 WAC), except when the proposal is a segment of a proposal that includes: (a) a series of actions,physically or functionally related to each other,some of which are categorically exempt and some of which are not;or 3 1 • (b) a series of exempt actions that are physically or functionally related to each other, and that together may have a probable significant adverse environmental impact in the judgment of an agency with jurisdiction. If so, that agency shall be the lead agency unless the agencies with • jurisdiction agree that another agency should be the lead agency. Agencies may petition the department of ecology to resolve disputes(section 197-11-946 WAC). For such proposals, the agency or applicant may proceed with the exempt aspects of the proposals, prior to conducting environmental review, provided the requirements of section 197-11-070 WAC are met. See Appendix B for an informational matrix of exempt and nonexempt activities. (2) The lead agency is not required to document that a proposal is categorically exempt. The lead agency may note on an application that a proposal is categorically exempt or place such a determination in the agency's files. 11.10.080 Use of exemptions. - (1) Each department within Spokane 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 ordinance applies to the proposal. Spokane County shall not require completion of an environmental checklist for an exempt proposal. . (2) In determining whether a proposal is exempt, the department shall make certain the proposal is . properly defined and shall identify the governmental licenses required (section 197-11-060 WAC). •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, Spokane County may authorize exempt actions prior to compliance with the procedural requirements of this ordinance,except that: (a) Spokane County shall not authorize: (i) any nonexempt action; (ii) any action that would limit the choice of alternatives for environmental review; • • (iii) any action that would have a probable significant adverse environmental impact. (b) A responsible official may withhold approval of an exempt action that would modify the environment, when such modification would result in a probable significant adverse impact or would limit the choice of alternatives for environmental review. (c) A responsible official may withhold approval of an exempt action that would lead to an applicant making substantial financial expenditures when there is some doubt that the entire proposal (i.e. subdivision)may not be approved. 1 3-2 • • 11.10.090 Environmental checklist. • • (1) A completed environmental clhec`- St-St sfiatl-be—filed prior tb or at the same time as an application for a permit,license,certificate,or other approval not exempted in this ordinance; except a checklist is not needed if Spokane County and the applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The checklist shall be in the form provided for in 11.10.230(1), which is based on the form in section 197-11-960 WAC with the • following questions added or modified. (a) 11.10.230(1)(A)(7)(b), providing,identification of other land owned or optioned by the proponent in the vicinity of the proposal. (b) 11.10.230(1)(A)(13),dealing with the Aquifer Sensitive Area and the Priority Sewer Service Area. (c) 11.10.230(1)(C),providing a full disclosure oath in the signature block. (d) 11.10.230(1)(l3)(8)(h),classified as"Critical Area." • (e) 11..10.230(1)(A)(14)(a)(i.)through (3), dealing with project impact to the Critical Aquifer Recharge Area/ Aquifer Sensitive Area. - • (f) 11.10.230(1)(A)(14)(a)(4),dealing with use and handling of chemicals. (g) 11.10.230(1)(A)(14)(b)(1) through (2),including water runoff or storm water to:be discharged and when known to describe the depths to groundwater and to bedrock. (h) 11.10.230(1)(B)(14)(f)adding a footnote for how many vehicular trips during PM Peak,All Peak, and Weekday(24 hours)would be generated,if known,by the completed project. (2) For private proposals, Spokane County will require the applicant to complete the environmental • • checklist. For public proposals, the department initiating the proposal shall complete the environmental checklist for that proposal. (3) Spokane County may require that it, and not the private applicant, will complete all, or part of, the environmental checklist for a private proposal if the applicant has provided inaccurate information on previous proposals or on proposals currently under consideration, or if Spokane County has technical information on a question or questions that is unavailable to the private applicant. The applicant shall reimburse Spokane County for time and effort so expended. (4) luring the review of the environmental checklist, the staff of Spokane County may make such changes or additions to the environmental checklist as are necessary to make it an accurate statement. • Alternatively, the staff may return the checklist to the applicant for revisions and/or additional information. (5) For projects submitted under an approved planned action under section.197-11-168 WAC, Spokane County shall use its existing environmental checklist form or may modify the environmental checklist .form as provided in section 197-11-315 WAC. 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(30)days review prior to use. 3 -3 • • • 11.10.100 Mitigated DNS. • • (1) As provided in this section and in section 197-11-350 WAC, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to- or clarification Of,the proposal made by the applicant. • (2) An applicant may request in writing early notice of whether a DS is likely under section 197-11-350 WAC. The request must: (a) follow submission of a complete permit application and environmental checklist for a nonexempt proposal for which the department is lead agency;and (b) precede the agency's actual threshold determination for the proposal. (3) The responsible official or a designee shall respond in writing to the request for early notice within fourteen(14)days unless otherwise agreed to. The response shall: (a) be written;and (b) state whether Spokane County currently considers issuance of a DS likely, and if so, indicate the general or specific area(s)of concern leading Spokane County to consider a DS;and (c) state that the applicant may change or clarify the proposal to mitigate the indicated impacts, 0 revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications. (4) As much as possible, the lead agency 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 responsible official shall base the threshold determination on the changed or clarified proposal and should make the determination within fourteen (14) days of receiving the changed or clarified proposal unless otherwise established by agency procedures. (a) If the responsible official indicated specific mitigation measures in the response to the request for early notice and the applicant changed or clarified the proposal to include those specific mitigation measures, the responsible official shall issue and circulate a DNS pursuant to section 197-11-340(2)WAC. (b) If the responsible official indicated areas of concern but did not indicate specific mitigation measures that would allow the issuance of a DNS, the responsible official shall make the threshold determination,issuing a DNS or DS as appropriate. (c) 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 200- foot stormwater retention pond at Y-location"are adequate. 3 -4 Q (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. • (6) A mitigated DNS is issued either under section 197-11-340(2) WAC requiring a fourteen (14) day comment period unless otherwise established by agency procedure and public notice pursuant to 11.10.130, or under section 197-11-355 WAC, which may require no additional comment period beyond the comment period.on the notice of application. (7) 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 Spokane County. (8) If Spokane County's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, Spokane County should evaluate the threshold determination to assure consistency with section 197-11-340(3)(a) WAC (withdrawal of DNS). (9) Spokane County's written response under 11.10.100(2) and (3) 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 Spokane County to consider the clarifications or changes in its threshold determination. • JJ 3 -5 • • O PART FOUR ENVIRONMENTAL IMPACT STATEMENT(EIS) • 11.10.110 Purpose of this part and adoption by reference. This part contains the rules for • preparing environmental impact statements. Spokane County adopts the following sections by reference, as supplemented by this part. WAC - .� , •h_ 197-11-400 PURPOSE OF EIS s 4 � - `$`` es t. "r.t` ''='' 197-11-402 GENERAL REQUIREMENTS " 1. 197-11-405 EIS TIMING s a'.'"'`� - _. - ..1:7-.4,-,r4.' , 197-11-408 SCOI'ING ,.t•-•(.2,''''-'''"1-t-''''7'-' 3 .1-P:t I. n- ` _,.. �:. 'k- '' '.: .- ' ,-- sky -•.- , t L'•r 7r -r 197-11-410 EXPANDING SLOPING ; ' , , `u�`g'74,\ "`.:?. z 197-11-420 EIS PR)F'ARATION .E,, • 197-11-425 STYLE AND SIZE %1 ' =F;�;:J�:�'` • , . 197-11-430 FORMAT °t'' t':k-.»• i;�..w=€ • F RMAT k .r ,'4., ' c.�% ° ,. 197-11-435 COVER LE I I ER OR MEMO 197-11-440 EIS CONTENTS - - L^- >� 197-11-442 CONTENTS OF EIS ON NONPROJ ECT PROPOSALS 'ft., ;� ;�`.'Ni^:M 197-11-443 E.IS CONTENTS WHEN PRIOR NONrPROJECT EIS .,, fr: ;`�; ' 197-11 111 ELEMENT'S OF THE ENVIRONMENT '''''4 ''':'4.'- ,-'. ..r 4 197-11-448 RELATIONSHIP OF EIS TO O11-I:ER CONSIDERATIONS .t.,... ..i-.1--.--- 1•• � • 197-11-450 COST/BENEFIT ANALYSIS * : �. � � �� " ; 0 197-11-455 ISSUANCE OF DEIS _ • 197-11-160 ISSUANCE OF FEES •• 11.10.120 . Preparation of EIS;additional consideration. (1) Preparation of the Draft and Final EIS(DEIS and PETS)and a Draft and Final Supplemental EIS(SEIS) . is the responsibility of.the lead agency under the direction of the responsible official. No matter who . • • participates in the preparation of the EIS, it is the FIS of Spokane County. The responsible official shall be satisfied that the EIS complies with the provisions of this ordinance and chapter 197-11 WAC • before issuing the EIS. • (2) The DEIS and FESIS or draft and final SETS shall be prepared by Spokane County staff, the applicant or its agent,or by an outside consultant retained by either an applicant or the lead agency. , (a) For public projects, the responsible official shall determine when an outside consultant should . prepare the EIS based on available staff, expertise, resources and public interest to adequately . assess and evaluate the impacts of the projects. • • (b) For projects initiated by a private applicant,the preparation of an EIS shall be under the direction of the responsible official. The responsible official shall notify the applicant of the procedures for an EIS preparation,including approval of the DEIS,FEIS and SETS prior to distribution. All costs of preparing the EIS shall be borne by the applicant. (3) If a person other than the lead agency is preparing the EIS,the responsible official shall: (a) assure that the EIS is prepared in a responsible manner and with appropriate methodology; 4- 1 • • C (b) be responsible for scoping and preparation of a scoping report pursuant to section 197-11408 WAC(the responsible official may include consultants in the scoping process); • (c) coordinate any areas of research and examination to be undertaken,as well as the organization of the resulting document; • (d) meet with the persons preparing the EIS and review draft sections of the EIS to assure the completeness,accuracy,and objectivity of the HIS; (e) allow any person preparing an EIS access to all relevant public records of the lead agency, pursuant to chapter 42.17 RCW (Public Disclosure and Public Records Law); (f) assist in obtaining any information on file with another agency that is needed by the person preparing the EIS. (4) The lead agency may require an applicant to provide information the lead agency does not possess, including specific investigations. However,the applicant is not required to supply information that is not required under this ordinance or that is being requested from another agency. (This does not apply to information the lead agency may request under another ordinance or statute.) • (5) Any person, firm, or corporation assisting in the preparation of an EIS for private projects shall have • expertise and experience in preparing environmental impact statements and shall be approved in writing by the responsible official before participating-in the EIS process. The lead agency may create and maintain an EIS list of Qualified Consultants to assist in determining the expertise and experience of consultants using,but not limited to,the following procedures. (a) Annually or biannually placing a legal notice in the County's official newspaper requesting Statement of Qualifications (SOQ). Interested consultants will be required to submit an application package for consideration to be placed on the list. (b)'Spokane County will review the SOQs and place those consultant firms who are determined to meet the minimum qualifications on the list. Those qualifications include,but are not limited to: (i) possessing a thorough and comprehensive knowledge of the procedural and substantive requirements of SEPA and related regulations; (u) possessing adequate technical and administrative capacity to produce P.S documents and/or associated technical documents; (6) The private applicant shall compensate the lead agency for its administrative costs incurred with the development,production,and processing of the EIS,in accordance with 11.10.200 of this ordinance. • 11.10.122 Additional elements to be covered in an EIS. (1) The table of contents shall include the list of elements of the environment(section 197-11 114 WAC), indicating those elements or portions of elements that do not involve significant adverse impacts . (reference section 197-11-440[3][b]WAC). �._�1 4-2 • • (2) The lead agency may include, at its discretion, in an EIS or its appendix, the analysis of any impact relevant to the agency's decision,whether or not the impact is an environmental one. The inclusion of such analysis may or may not be based upon comments received during the'scoping process. The provision for combining documents may be used (section 197-11-640 WAC). The EIS shall comply with the format requirements of sections 19741-400 through 197-11-500 WAC. The decision whether ' to include such information and the adequacy of any such additional analysis shall not be used in determining whether an EIS meets the requirements of SEPA. • (3) If the lead agency chooses to include a cost/benefit analysis n an EIS, such analysis shall be consistent with section 197-11-450 WAC. ' r .'bt r 0 T a � e a;l {7° y> �2�m ` e yf -••tle O o I tii Y-a:,-„,-. s ''.4%.'' 4 '• p . .. l t4'41 1” 14 J L1: �` F . Y . _ Y 4„ •. �• 7{.• .c'.. .- `�.•'it r - t 1•r g . • •h 3 a S eixa, • f ,t' . t.,. 4.6., e -". : ,,> aj417, y7 .- . . --.* e. . IJ. � - • • •3 .""i Winz,,, C''l dy -k.". . S r ,X:• t '°y. , , ,. • , ;4.,a *e ?z �S▪ ' ' fi ' f-"t 'S a } r "-* a4P ' '", -. y , y . .•ti �^� •k i • r-7.-t ' cri �.,a•2'5-�+ yr. ' c v K`f • � '`1" t Y`j� rr•61 r7,,L.t� i t ;s• t " F . y � . ; , ..• .� _t x Jd { G: J, ,4. ;43* -. ,�(*•�s,v ®Y11� '.`' !',1,.+�F:r;PCS. 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F-T. , iK O;ti� i.. i` qdt J f .rL'i a i- ,cit 21�• r -,? `- AS., • .,,3,•-t - a,.4i∎, .'t •`..,.,i''.4 ,'3/ e,- .f•t t �?, { > p,.4.1,!.. 'a:;; f.. a: s ,d `'JL�ft, V. A (• .6°••�'r�e l� 4y l �' \. _ ..J..�.ul ..ice• a+ �.•1}s in • C� 4-3 • • • • . PART FIVE • COMMENTING 11.10.128 Adoption by reference. This part contains rules for consulting, commenting, and responding on all environmental documents under SEPA,including rules for public notice and hearings. • Spokane County adopts the following sections by reference,as supplemented in this part. WAC 197-11-500 PURPOSE OF THIS PART r— • 197-11-502 INVITING COMMENT 197-11-504 AVAILABILITY AND COST OF ENVIRONMENTAL DOCU1!� [Sr3I + E d. �s` y rt 197-11-508 SEPA REGISTER ti 197-11-510 PUBLIC NOTICE `0 u ` 197-11-535 PUBLIC HEARINGS AND MEETINGS 10;"?' !A �' 197-11-545 E FFECr OF NO COMMEN°T �,Fs� ;K* ; , • 197-11-550 SPECIFICITY OF COMMENTS (}, •�;' ' ``r th ? rt 197-11-560 FL•IS R}SPONSE TO COMMENTS • 197-11-570 CONSULTED AGENCY COSTS TO ASSIST lead agency yam' - ... ?: 11.10.130 Public notice. (1,) Whenever possible, the lead agency shall integrate the public notice requirement of this section with - - existing notice procedures for the lead agency's nonexempt permit(s) or approval(s)required for the proposal. (2) Whenever the Spokane Regional Health District or the Spokane County Air Pollution Control Authority issues a DNS under section 197-11-340(2) WAC or a DS under section 197-11-360(3) WAC, public notice shall be given by publishing notice in a newspaper of general circulation in the county, city,or general area where the proposal is located. (3)•Whenever the City of Spokane or Spokane County issues a DNS under section 197-11-340(2)WAC or a DS under section 197-11-360(3)WAC,the lead agency shall give public notice as follows. (a) If public notice is required for a nonexempt license by other regulations, that 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 as set forth in Title 13 of the Spokane County Code3 will suffice to meet the public notice requirements in section 197-11-510(1)WAC. (c) If no public notice is otherwise required for the permit or approval, the lead agency shall give notice of the DNS or DS as provided for in section 197-11-510 WAC and locally adopted rules and regulations. (d) If a DS is issued under section 197-11-360(3) WAC, the lead agency shall state the scoping procedure for the proposal in the DS,as required pursuant to section 197-11-408 WAC: • 5- 1 • • (4) If a DNS is issued using the Optional DNS process, the public notice requirements fan a notice of • application as set forth in Title 13 of the Spokane County Code3, as supplemented by the requirements in section 197-11-355 WAC,will suffice to meet the public notice requirements in section • 197-11-510(1)(b)WAC. (5) Whenever the lead agency issues a DEIS under section 197-11-455(5) WAC or an SEIS under section 197-11-620 WAC,notice of the availability of these documents shall be given by the following: (a) Indicating the availability of the DEIS in any public notice required for the nonexempt license subsequently published after the issuance of the DEIS and.prior to the first public hearing regarding a nonexempt license. (b) Selecting one or more of the following notification methods. (i) Posting the property for site specific proposals pursuant to the administrative procedures for the underlying action. (ii) Publishing a legal notice in a newspaper of general circulation in the•county, city or general • area where the proposal is located. (iii)' Notifying of public or private groups,which have expressed an interest in a certain proposal, • or in the type of proposal being considered. (iv) Notifying the news media. (v) Placing notices in appropriate regional,neighborhood,ethnic,or trade journals. • (vi) Publishing notice in Spokane County newsletters and/or sending notice to agency mailing lists . (either general lists or lists for specific proposals for subject areas). • (6) The lead agency may require an applicant to complete the public notice requirements for the proposal .• .at his or her expense or otherwise may charge a fee sufficient to cover the lead'agency's entire cost of. meeting the public notice requirements. 11.10.140 Designation of official to perform consulted agency responsibilities for Spokane.. County. - . (1) The director of the department with appropriate expertise shall be responsible for preparation of written comments for an agency in response to a consultation request prior to a threshold determination,participation in scoping,and reviewing a DEIS. . (2)' The director shall be responsible for Spokane County's compliance with section 197-11-550 WAC whenever such department is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include • • data from all appropriate departments of County. • The City of Spokane will insert the appropriate regulation. 5-2 • O PART SIX USING EXISTING ENVIRONMENTAL DOCUMENTS 11.10.150 Purpose of this part and adoption by reference. This part contains rules for using and supplementing existing environmental document. prepared under SEPA or the National Environmental Policy Act(NEPA) for an agency's own environmental compliance. Spokane County adopts the following sections by reference. WAC 197-11-164 PLANNED ACTIONS—DEFINITION AND CRITERIA 197-11-168 ORDINANCFS 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 197-1.1.-640 COMBINING DOCUMENTS • 0 :•.::,.v....k i,-.4P.,...-" 1.r.- ,--'- ,-,"'=,,,- ,:-.■,,'" ;.':-...-,-----,,._...:,...,e':.‘,-..:.....,.k..„ . ,), 1 1 1 � -µr-` CW't]f•Iji .70::•:kr,::?:• 7'-r . ,1?,:,-.,_..A..,,v.14:,;•,,.,m- ,,,-..... ., .,„1„.......r1.,,,...4„:„::., :_,• •,....,A, ,,,,,,,,,,,....._......,...c__,......„ 1.,..„1-4*,-yric..01,A.„..,..,..,iNly,,ili!ombi,ai :,_.;.::,..„,;.,,,,_;4 : • . • vf..4,4f.f.. --id..;,:it,,,.4: 14.,;eVI:- , i r_..T.At._.:--,.4.:_-_,,...: ,,!4 . , 4 - ..,..-„,....e,,,,,--;,..,-t, ,,,,-3...„4.3,...,0„_:,,,,,.:;,,v.6.i.,...:: it. -c ' 7..•.. ' - t.0 E1 i _ • -• . . . _ J" x` 9•,-a..fb.A -.�- �• .�d"! 'tY"�.,,-lam`•,-$ -r`•-r,. '�� , ■ n,1 ,.' b b N z1 le ce .-L:r . � 1,,-;',.....0,� a .4ry 3 C � .ti �,.r_ 4. . p• d d r_4. a • • r 1 J ' 6- I • • PART SEVEN • • J • SEPA AND AGENCY DECISIONS • 11.10.155 Purpose of this part and adoption by reference. This part contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. Spokane County adopts the following sections by reference. WAC 197-11-650 PURPOSE OF THIS PART, 197-11-655 iMPLEMENTATION 197-11-660 SUBSTANrTIVE AUTHORITY AND MITIGATION - 197-11-680 APPEALS. 11.10.160 Substantive authority. • (1) The policies and goals set forth in this ordinance are supplementary to those in the existing authorization of the City of Spokane,Spokane County,Spokane Regional Health District and Spokane • County Air Pollution Control Authority. (2) Spokane County may attach conditions 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 with regard to the license and,pursuant to this ordinance;and (b) such conditions are in writing;and • (c) the mitigation measures included in such conditions are reasonable and capable of being accomplished;and • (d) Spokane County has considered whether other local, state or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts;and (e) such conditions are based on one or more policies in 11.10.160(4)and cited in the license or other decision document. (3) Spokane County may deny a permit or approval for a proposal on the basis of SEPA provided that (a) a finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEiS or final SEIS prepared pursuant to this ordinance;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 11.10.160(4) and identified in writing in the decision document. • 7- 1 • .(4) Spokane County adopts the following policies'as the basis for the exercise of substantive authority, pursuant to this section. • (a) Spokane County shall use all practicable means consistent with other essential considerations of state policy to improve and coordinate plans, functions, programs and resources to the end that the State 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 uses 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) Spokane 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) Spokane County, for the purposes of section 43.21C.060 RCW and section 197-11-660(a) WAC, ' adopts by reference the policies, plans, rules, and regulations, and all amendments thereto, identified in Appendix A. Appendix A is adopted and may be amended by Spokane County pursuant to section 197-11-902 WAC and is exempt from 11.10.200(amending this ordinance). • (5) Except for permits and variances issued pursuant to chapter 90.58 RCW (the Washington State Shorelines Management Act) and rules promulgated thereto, appeals of decisions or actions conditioned or denied on the basis of SEPA by a non elected official shall be appealable in accordance with 11.10.170. 11.10.170 Appeals. • (1)' Spokane County establishes the following appeal procedures under section 43.21C.060,43.21C.075,and 43.21C.080 RCW and section 197-11-680 WAC. Persons considering either administrative or judicial appeal of any decision that involves SEPA are advised to read these statutory and administrative rule provisions. (2) Appeal of the intermediate steps under SEPA (e.g., lead agency determination, scoping, draft EIS adequacy)shall not be allowed. • 7-2 • • � (3) Appeals of SEPA procedures shall be limited to review of a final threshold determination (DS, DNS or Mitigated DNS)or.Firial FTS. These appeals may occur prior to Spokane County's final decision on a proposed action. (4) Only one administrative appeal of a threshold determination or of the adequacy of an EIS is allowed; successive administrative appeals within the County are not allowed. This limitation does not apply to administrative appeals before another agency. This limitation also does not apply to closed record appeals authorized in 11.10.170(5).4 (5) A closed record appeal is allowed to the Board of County Commissioners1 of any decision by the Spokane. County Hearing Examiner conditioning or denying a proposal under authority of SEPA, if the Hearing Examiner's decision on the underlying governmental action is subject to a closed record appeal to the Board of County Commissioners. The appeal shall be consolidated with any appeal of the underlying governmental action.5 (6) Except as provided in 11.10.170(5) and (7), any allowed appeals of procedural and substantive determinations under SEPA shall be consolidated with a hearing on, or appeal of, the underlying • governmental action in a single open record hearing before the Spokane County Hearing Examiner'. The hearing or appeal shall be one at which the Spokane County Hearing Examiner will render a • decision on the proposed action. For example, an appeal of the adequacy of an EIS must be consolidated with a hearing on or appeal of Spokane County's decision on the proposed action, if both proceedings are allowed in the County procedures. If Spokane County's procedures do not provide for 'a hearing on or appeal of the underlying governmental action, such agency shall not hold a SEPA administrative appeal,except as allowed in 11.10.170(7). • (7) The following appeals of SETA procedural or substantive determinations shall not be consolidated with a hearing on or appeal of the underlying action. (a) An appeal of a determination of significance(DS). • . • • (b) An appeal of a procedural determination made by Spokane County when it is the project proponent or is funding a project and chooses to conduct its review under SEPA, including any appeals of its procedural determinations, prior to submitting an application for a project permit. Subsequent appeals of substantive determinations by an agency with jurisdiction over the proposed project shall be allowed under the SEPA appeal procedures of the agency with jurisdiction. (c) An appeal of a procedural determination made by Spokane County on a nonproject action:" • (d) An appeal where the underlying action is a ministerial permit decision that does not require a public hearing. • ' City ofSpokane,Spokane County, Spokane Regional Health District, and Spokane County Air Pollution Control Authority will insert the appropriate reference. ^ The last sentence shall apply only to the City of Spokane and Spokane County. s This provision shall apply only to the City of Spokane and Spokane County. 7-3 • • • • • (8) For threshold determinations issued prior to a decision on a project action,any administrative appeal • allowed under 11.10.1.70 shall be filed within fourteen (14) days after the determination has been made and is appealable. Any administrative appeal of a procedural or substantive determination under SEPA issued at the same time as the decision on the project action shall be filed within fourteen (14) days after notice of the decision has been made,and is appealable. In order to allow public comment on a DNS prior to requiring an administrative appeal to be filed, this appeal period shall be extended for an additional seven(7) days if the appeal is of a DNS for which public comment period is required under the provisions of this ordinance or chapter 197-11 WAC. Nothing in this subsection alters the requirements of 11.10.170(6)and (7). (9) Procedural determinations made by the responsible official shall be entitled to substantial weight in any appeal proceeding. •(10)For any appeal under this section,Spokane County shall provide for the preparation of a record for use • in any subsequent appeal proceedings,which record shall consist at a minimum the following. • (a) Findings and conclusions. • (b) Testimony under oath. - (c) A taped,electronically recorded,or written transcript. • • (11) If an administrative appeal of determinations relating to SEPA is available under the procedures of 111.0.170,that procedure must be used before any person may seek judicial review of any SEPA issue that could have been reviewed under such procedures. (12) Judicial appeals of procedural and substantive compliance with SEPA must comply with section ' • 43.21C.075 RCW and section 197-11-680(4)WAC. (a) Spokane County shall give official notice under section 197-11-680(5)WAC of the date and place• for commencing a judicial appeal if there is a time limit established by statute or such agency's . - regulations for commencing a judicial appeal of the underlying governmental action. (b) Pursuant to section 43.21C.080 RCW,notice of any action taken by Spokane County may be publicized by such agency or the applicant for,or the proponent of,such action. The form of the notice shall substantially conform to the form provided in 1.1..10.230(6). • 0 7-4 • • • • PART EIGHT DEFINITIONS • 11.10.175 Purpose of this part and adoption by reference. This part contains uniform usage and definitions of terms under SEPA. Spokane County adopts the following sections by reference, as supplemented by section 11.10.177 of this ordinance. WAC • 197-11-700 DEFINITIONS 197-11-702 ACT 197-11-704 ACTION 197-11-706 ADDENDUM • 197-11-708 ADOPTION 197-11-710 All.EC.1 ED TRIBE • 197-11-712 AFFECTING • •' 197-11-714 AGENCY 197-11-716 APPLICANT 197-11-718 BUILT ENVIRONMENT • 197-11-720 CATEGORICAL EXEMPTION 197-11-721 CLOSED RECORD APPEAL 197-11-722 CONSOLIDATED APPEAL 197-11-724 CONSULTED AGENCY 197-11-726 COST/BENEFIT ANALYSIS 197-11-728 COUNTY/CITY • 197-11-730 DECISIONMAKER 0 • • 197-1:1-732 DEPARTMENT 197-11-734 DETERMINATION OF NONSIGNIFICANCE(DNS) 197-1:1-736 DETERMINATION OF SIGNIFICANCE(DS) • • 197-11-738 EIS •- 197-1:1-740 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 197-11-775 OPEN RECORD HEARING • 197-11-776 PHASED REVIEW 197-11-778 PREPARATION 197-11-780 PRIVATE PROJECT 8- 1 • • 197-11-782 PROBABLE 197-11-784 PROPOSAL 197-11-786 REASONABLE ALTERNATIVE • 197-11-788 RESPONSIBLE OFFICIAL 197-11.-790 SEPA 197-11-792 SCOPE 197-11-793 SCOPING 197-11-794 SIGNIFICANT • • 197-11-796 STATE AGENCY 197-11-797 THRESHOLD DETERMINATION 197-11-799 UNDERLYING GOVERNMENTAL ACTION 11.10.177 Additional definitions. In addition to those definitions contained within sections 197-11- 700 through 197-11-799 WAC, when used in this ordinance the following terms shall have the following meanings unless the context indicates otherwise. • (1) "Agency" or "agencies" means the adopting jurisdictions,depending on the context. (2) "Department" means any division, subdivision or organizational unit of the agencies established by ordinance,rule or order. (3) "Early notice" means the lead agency'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[DNS] procedures). • (4) "Ordinance" means the ordinance, resolution, rules or other procedure used by the City of Spokane, Spokane County, Spokane Regional Health District, and Spokane County Air Pollution Control Authority to adopt regulatory requirements. • (5) "SEPA rules"means chapter 197-11 WAC adopted by the Department of Ecology. • • • • • 8-2 • • . • • . PART NINE CATEGORICAL EXEMPTIONS 11.10.180 Adoption by reference. Spokane County adopts by reference the following rules for categorical exemptions, as supplemented in this ordinance, to include 11.10.070 (Flexible thresholds), 11.10.080 (Use of exemptions), and 11.10.190 (Critical'areas). See Appendix B for an example list of exempt and nonexempt activities. WAC • 197-11-800 CATEGORICAL EXEMPTIONS 197-11-880 EMERGENCIES 197-11-890 Phil IONING DOE TO CHANGE EXEMPTIONS 11.10.182 Certification of emergencies. The responsible official shall certify on a case-by-case basis those actions which meet the conditions prescribed in section 197-11-880 WAC and are declared emergencies. • ,rZ>oI�¢ ;�� may.' Y't"S �. f` I (,„.‘ore 1 -Op 4'•••• .';t,.1 i '? , IN • lbw-,-.a „�y;.-.�t .I. 1kfj �S■v -{C+ +M }fir•'r�x P: ' A ' . • , ,F �;,0 • ; ' A .,•• t. � a tt. 'ti " • a c r'j a far _ • • 9- 1 • • • • • • PART TEN • - AGENCY COMPLIANCE • 11.10.185 Purpose of this part and adoption by reference. This part contains rules for Spokane County compliance with SEPA, including rules for charging fees under the SEPA process, designating critical areas, listing agencies with environmental expertise,selecting the lead agency,and applying these - rules_to current agency activities. Spokane County adopts the following sections by reference. WAC 197-11-900 PURPOSE OF THIS PART 197-11-902 AGENCY SEPA POLlC:11 S 1.97-11-916 APPLICATION TO ONGOING ACTIONS. 197-11-920 AGENCIES WITH ENVIRONMENTAL EXPERTISE 197-11-922 LEAD AGENCY RULES • • 197-11-924 DI:1 ERI HNING 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 A COUNTY/CITY 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 AGENCY FOR PRIVATE PROJECTS REQUIRING LICENSES FROM MORE THAN ONE • STATE AGENCY 197-11-938 LEAD AGENCIES 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 AGENCYDUTIES • -197-11-946 DOE RESOLUTION OF LEAD AGENCY DISPUTES • • 197-11-948 ASSUMPTION OF LEAD AGENCY STATUS • 11.10.190 Critical areas. The maps, rules, and regulations set forth in the Spokane County Critical Areas Ordinance, as amended, designate the location of environmentally sensitive areas within Spokane County. Proposals that will be located within critical areas are to be treated no differently than other proposals under this ordinance.-A threshold determination shall be made for all such actions, and an PIS shall not be automatically required. for a proposal merely because it is proposed for location in a critical area. 11.10.200 Fees. (1) Spokane County exercises the option presented in section 197-11-914 WAC to recover all or. a substantial portion of the costs of SEPA compliance as regards a private proposal in the manner detailed below. (2) Public notices. The full cost of giving public notices shall be recovered from, or borne by, the proponent of private proposals subject to this ordinance. 10- 1 • • • • (3) Threshold determination. The City of Spokane,Spokane County,Spokane Regional Health District, • and Spokane County Air Pollution Control Authority may,through separate ordinances,resolutions, - or rules, establish fees to recover expenses from the applicant. These established fees shall accompany each completed environmental checklist submitted to Spokane County. The time periods provided by this ordinance for making a threshold determination shall not begin to run until payment of a fee is received. (4) When an EIS is required for a private proposal, the applicant shall comply with 11.10.120, and 11.10.122. Each jurisdiction may recover from the applicant such costs as are reasonable and associated with (a) scoping, (b) preparation of a DEIS and/or SDEIS, (c) review/comment responses, (d) any separate public hearing, (e) preparation of the FEIS and/or FSEIS and (f) any miscellaneous costs identified by the responsible official. Fee(s)to recover such costs shall be based on the staff time spent on the project using established rates, and may include printing and for mailing costs. A • • deposit as set forth in an adopted fee schedule, against which administrative and other costs will be applied, shall'be deposited with the Spokane County before production of an EIS will begin. Such other deposits as are necessary to cover administrative costs will be made as monies on deposit are depleted. Production of the EIS may be suspended in the event additional monies are not deposited upon request. (5)•Spokane County shall not collect a fee for performing its duties as a consulted agency: • (6) Spokane County may charge any person for copies of any document prepared under this ordinance • and for mailing the document in a manner provided by chapter 42.17 RCW. (7) Each jurisdiction shall adopt fees for the implementation of this ordinance pursuant to its own CD procedures. 11.10.210 Amending this ordinance. This.ordinance may be amended by initiative of the City of - Spokane, Spokane County, Spokane Regional Health District, and/or Spokane County Air Pollution Control Authority when it is necessary to reflect changes in Iocal conditions or when chapter 43.21C RCW or chapter 197-11 WAC is amended. When an agency seeks to amend this ordinance, it shall submit such proposal to the other participating jurisdictions. Each jurisdiction will appoint a representative to an interlocal amendment committee, which will develop mutually agreeable amendment language. The interlocal amendment committee will recommend the amendment to each of the other jurisdictions for adoption. The interlocal amendment committee will remain active until the amendment is adopted by each of the City of Spokane,Spokane County,Spokane Regional Health District and Spokane County Air Pollution Control Authority or until it is determined to discontinue pursuing the amendment, at which time it shall be disbanded. • 11.10.215 SEPA public information. Spokane 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. The various SEPA documents shall be retained as they may be associated with the particular file cases either generally by Spokane County or handled as licenses or permits for Spokane.County in accordance with the • pertinent statute of limitations regarding such files. Any of the City of Spokane, Spokane County, Spokane Regional Health District, or Spokane County Air Pollution Control Authority may establish a reference file of pertinent SEPA documents to be filed in a single place and made available to the public. • • 10-2 • • . . ' • . - , . . . • 0 11.10.220 Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance, or the application of the provision to other. persons or circumstances,shall not be affected. • . . • - . . • , •. . • -' ' - " .,..-"----,:„;"-,' r, ••.- , u-,:.--,..;-.1",-ii,Z T,"3•;•*--,', . .,•,:•„::-_,-'1V,p,,C,elL.r.-.{-z,:fii..,;,:z-,91,:!,;•;,,,;,..._?;_.,11.i., * ,,,?:.•-,. ; - '.;••••;:••1••,L.••,:•-3-•-•‘''.••;•:',i1„, 3,•••.,,.—,,,',,:•:••.-,•;••••.7,-,,z-k,•,,,,..;,„:„-.74--14'giv't•43'-',,v' • :T...-*:cc":...,4,.:::dril-,-":"-=',7'..;`.:.:::: -41,a.--r`..t.',-.:---:-,' L-,--;---• 'i:,:-,,7-- ','''-,:,-4.5°,. 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' ' 'Iiiirr '.."'..* 4 te -• --N...t"`'..'?"1 •- -;-'il ••!;')'",,711.4L.;•4 :,-,,l',,.._,•:,7, , ,:sc-4-s,,'31.•.'- • • '•:-,•:‘, ''''•.,. irli " ,r,0174:•y•ten% ' ;44.., . .vt,,, .tu. ,tcysgly-wt-m p., _p,kr",',47-- 1 •Wit• .• .__F....-.. •"6"••'' • .4....w.1,$-' -. ,,,,,,,- .-,, yg..v • .. .. :vi f,--: 4.;,..,••. :-._. -.R.c.,--.:• Tt.. ---...., :Itiz:1/41..:--:.,--.7.,,..-,-4. it, •.,45..:;,,,,,_,_,_..,... ,,,,,g, „.,,,....., -, -.,,. 1 ,: ., — .,..z..,,..----'--,-.,, ,:::A-1,,,eg,.. ..,.:--.v.-.:._0-..t. ,..- .,,,,,,. ,4-0,:,-•..,, ,..zt ,.,,x ,. ,........• ...., +.• ....- .. .-...4„.-,.,_..t,....,,z, .,...4- • . _.... =- --• • • . . . . . • . . . . . . • n, . • • • • PART ELEVEN QFORMS • 11.10.230 Adoption by reference. Spokane.County adopts the following forms for use in carrying out the local SEPA procedures. These forms may be amended administratively provided there is concurrency between the City of Spokane, Spokane County, Spokane Regional Health District and Spokane County Air Pollution Control Authority. (1) Spokane Environmental Checklist - • (2) Spokane Adoption Notice (3) Spokane Determination of Nonsignificance(DNS/ Optional DNS) ii LE v II (4) Spokane Determination of Significance and Scoping Notice(DS) (5) Spokane Notice of Assumption of Lead Agency Status 11110 1 • Ili (6) Spokane Notice of Action SPOK WU See Appendix C for samples of MDNS,Supplements,and Addendums forms not adopted by this ordinance that serve for example purposes only. • • • • • • 11 - 1 SPOKANE ENVIRONMENTAL ORDINANCE • (WAC 197-11-960) Section 11.10.230(1) Environmental Checklist File No. . • Purpose of Checklist: The State Environmental Policy Act (SEPA) chapter 43.21C RCWW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An Environmental Impact Statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done)and to help the agency decide whether an EIS is required. Instructions for Applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts•of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known,or give the best description you can. . You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write"do not know"or"does not apply." Complete answers to the questions now may avoid unnecessary delays later. • Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you. The checklist questions apply to all parts of your proposal,even if you plan to do them overa period.of time or on different parcels of land. Attach any additional information that will describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant • • adverse impact. • Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals,even though questions may be answered"does not apply." IN ADDITION,complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS(Part D). For nonproject actions, the references in the checklist to the words"project," "applicant,"and'"property or site"should be read as"proposal,""proposer,"and "affected geographic area,"respectively. A. BACKGROUND 1. . Name of proposed project,if applicable: 2. Name of applicant: • 3. Address and phone number of applicant or contact person: 4. Date checklist prepared: l 5. Agency requesting checklist: 11 -2 • • • • SPOKANE ENVIRONMENTAL ORDINANCE • (WAC 197-11-960) Section 11.10.230(1) • 6. Proposed timing or schedule(including phasing,if applicable): • 7. a.. Do you have any plans for future additions,expansion,or further activity related to or connected with this proposal? If yes,explain- b.' Do you own or have options on land nearby or adjacent to this proposal? If yes, explain. 8. List any environmental information you know about that has been prepared, or will be . prepared,directly related to his proposal. • 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes,explain. C,) 10. List any government approvals or permits that will be needed for your proposal, if known. 11. Give brief,complete description of your proposal,including the proposed uses and the size • • • of the project and site. There are several questions later in this checklist that ask you to - describe certain aspects of your proposal. You do not need to repeat those answers on this • page. • 11 -3 • • • 1 , SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-11-960) Section 11.10.230(1) • 12.-Location of the proposal. Give sufficient information to a person to understand the precise - location of your proposed project, including a street address, if any, and section, township and range, if known. If a proposal would occur over a range of area,provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit application related to this checklist. • 13. Does the proposed action lie within the Aquifer Sensitive Area (ASA)? The General Sewer Service Area? The Priority Sewer Service Area? The City of Spokane? (See: Spokane County's ASA Overlay Zone Atlas for boundaries.) 14. The following questions supplement Part A. a. Critical Aquifer Recharge Area (CARA)/ Aquifer Sensitive Area(ASA) (1) Describe any systems, other than those designed for the disposal of sanitary waste, installed for the purpose of discharging fluids below the ground surface (includes systems such as those for the disposal of stormwater or drainage from floor drains). Describe the type of system, the amount of material to be disposed of through the system and the types of material likely to be disposed of (including materials which may enter the system inadvertently through spills or as a result of firefighting activities). (2) Will any chemicals (especially organic solvents or petroleum fuels) be stored in .aboveground or underground storage tanks? . If so, what types. and.quantities of.. . material will be stored? (3) What protective measures will be taken to insure that leaks or spills of any chemicals stored or used on site will not be allowed to percolate to groundwater. This includes measures to keep chemicals out of disposal systems. • ) 11 -4 • SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-11-960) Section 11.10.230(1) • (4) Will any chemicals be stored, handled or used on the site in a location where a spill or ' • • leak will drain to surface or groundwater or to a stormwater disposal system discharging to surface or groundwater? • • b. Stormwater • • (1) What are the depths on the site to groundwater and to bedrock(if known)? (2) Will stormwater be discharged into the ground? If so,describe any potential impacts? • TO BE COMPLETED BY APPLICANT B. ENVIRONMENTAL ELEMENTS Evaluation for . Agency Use 1. Earth . Only a. General description of the site(circle one): flat, rolling, hilly,steep slopes, • mountains,other: b. What is the steepest slope on the site(approximate percent slope)? • • c. What general types of soils are found on the site(for example,clay,sand, • gravel,peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland. d. Are there surface indications or history of unstable soils in the immediate • vicinity? If so,describe. • • 11 -5 • • • • SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-11-960) Section 11.10230(1) • Evaluation for • Agency Use e. Describe the purpose,type,and approximate quantities of any filling or Only grading proposed. Indicate source of fill: • . f. Could erosion occur as a result of clearing,construction,or use? If so, generally describe. • g. About what percent of the site will be covered with impervious surfaces after project construction(for example,asphalt or buildings)? h. Proposed measures to reduce or control erosion or other impacts to the • earth,if any: 2. Air a. What type of emissions to the air would result from the proposal(i.e.,dust, automobile,odors,industrial, wood smoke)during construction and when • the project is completed?If any,generally describe and give approximate quantities if known. • b. Are there any off-site sources of emissions or odor that may affect your • • proposal? If so,generally describe. • c. Proposed measures to reduce or control emissions or other impacts to air, if any: • 3. Water . a. SURFACE: • 11 -6 • SPOKANE ENVIRONMENTAL-ORDINANCE (WAC 197-11-960) Section 11.10.230(1) Evaluation for (1) Is there any surface water body on or in the immediate vicinity of the site Agency Use (including year-round and seasonal streams,saltwater,lakes,ponds, • Only wetlands)? If yes,describe type and provide names. If appropriate,state what stream or river it flows into. • • (2) Will the project require any work over,in,or adjacent to(within 200 feet) the described waters? If yes,please describe and attach available plans. • • • (3) Estimate the amount of fill and dredge material that would be placed in or removed from the surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. (4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known. (5) Does the proposal lie within a 100-year floodplain? If so,note location on the site plan. • • • (6) Does the proposal involve any discharge of waste materials to surface waters? if so, describe the type of waste and anticipated volume of discharge. • b. GROUND: • (1) Will groundwater be withdrawn, or will water be discharged to groundwater? Give general description, purpose, and approximate • • quantities if known. o11 -7 • • • SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-11-960) Section 11.10.230(1) Evaluation for (2) Describe waste material that will be discharged into the ground from Agency Use • • septic tanks or other sanitary waste treatment facility. Describe the - DAY general size of the system, the number of houses to be. served (if applicable) or the number of persons the system(s) are expected to serve. c. WATER RUNOFF(INCLUDING STORMWATER): • (1) Describe the source of runoff (including stormwater) and method of collection and disposal if any (include quantities, if katown). Where will this water flow? Will this water flow into other waters? If so, describe. • Could waste materials enter ground or surface waters? If so;generally describe. • • d. PROPOSED MEASURES to reduce or control surface,ground,and runoff water impacts,if any. • 4. Plants a. Check or circle type of vegetation found on the site: • • Deciduous tree: alder,maple,aspen,other. Evergreen tree: fir,cedar,pine,other. Shrubs Grass • Pasture • Ciop or grain • Wet soil plants,cattail,buttercup, bullrush,skunk cabbage,other. Water plants:water Idly,eelgrass, milfoil, other. Other types of vegetation. 11 -8 • • . .SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-11-960) Section 11.10.230(1) Evaluation for •b. What kind and amount of vegetation will be removed or altered? Agency Use Only • c. List threatened or endangered species known to be on or near the site. _ d. Proposed landscaping,use of native plants,or other measures to preserve • or enhance vegetation on the site,if any: • 5. Animals a. Circle any birds and animals which have been observed on or near the site are known to be on or near the site: birds: hawk,heron,eagle,songbirds,other. mammals: deer,bear,elk,beaver,other fish: bass,salmon, trout,herring, shellfish,other. other: b. List any threatened or endangered species known to be on or near the site. O • c. Is the site part of a migration route? If so,explain. • d. Proposed measures to preserve or enhance wildlife,if any: • 6. Energy and natural resources a. What kinds or energy (electric, natural gas, wood stove,solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating,manufacturing,etc. • • b. Would your project affect the potential use of solar energy by adjacent properties? If so,generally describe. 0 11 .9 • • • SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-11-960) Section 11.10.230(1) Evaluation for Agency Use c. What kinds-of energy conservation features are included in the.plans of this proposal? List other proposed measures to reduce or control Only �J energy impacts,if any: 7. Environmental health a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste that could occur as a result of this proposal? If so,describe. (1) Describe special emergency services that might be required. (2) Proposed measures to reduce or control environmental health hazards,if any: • b. NOISE: (1) What types of noise exist in the area which may affect your project(for • example: traffic,equipment,operation,other)? • (2) What types and levels of noise would be created by or associated with • • the project on a short-term or a long-term basis (for example: traffic, construction,operation, other)? Indicate what hours noise would come from the site • (3) Proposed measure to reduce or control noise impacts,if any: 11 - 10 • SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-11-960) Section 11.10.230(1) Evaluation for 8. Land and shoreline use Agency Use n Only a. What is the current use of the site and adjacent properties? b. Has the site been used for agriculture? If so,describe. c. Describe any structures on the site. d. Will any structures be demolished? If so, which? e. What is the current zoning classification of the site? f. What is the current comprehensive plan designation of the site? • g. If applicable, what is the current shoreline master program designation of the site? • • h. Has any part of the site been classified as a critical area? If so,specify. _ i. Approximately how many people would reside or work in the completed project? j. Approximately how many people would the completed project displace? • • k. Proposed measures to avoid or reduce displacement impacts,if any: _. 0 • 11 - 11 • • SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-1 -960) Section 11.10230(1) Evaluation for 1. Proposed measures to ensure the proposal is compatible with existing Agency Use CD and projected land uses and plans,if any: only • • 9. Housing • a. Approximately how many units would be provided, if any? Indicate whether high,middle or low-income housing. • b. Approximately how many units, if any,would be eliminated? Indicate whether high-,middle-or low-income housing. • • c. Proposed measures to reduce or control housing impacts,if any: 10. Aesthetics Ca. What is the tallest height of any proposed structure(s), not including • antennas;what is the principal exterior building material(s)proposed? • b. What views in the immediate vicinity would be altered or obstructed? _ c. Proposed measures to reduce or control aesthetic impacts,if any: • 11. light and Glare • a. What type of light or glare will the proposal produce? What.time of day • would it mainly occur? 0 11 - 12 • • SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-11-960) Section 11.10.230(1) Evaluation for • b. Could light or glare from the finished project be a safety hazard or Agency Use •• interfere with views? Only c. What existing off-site sources of light or glare may affect your proposal? d. Proposed measures to reduce or control light and glare impacts,if any: . 12. Recreation a. What designated and informal recreational opportunities are in the • • immediate vicinity? • b. Would the proposed project displace any existing recreational uses? If • . so,describe. • 0 c. Proposed measures to reduce or control impacts on recreation,including recreation opportunities to be provided by the project or applicant, if . • any: . • 13. Historic and cultural preservation . a. Are there any places or objects Iisted on,or proposed for,national,state, or local preservation registers known to be on or next to the site? If so, generally describe. • b. Generally describe any landmarks or evidence of historic archaeological, scientific or cultural importance known to be on or next to the site. c. Proposed measures to reduce or control impacts,if any: ' c j 11 - 13 . • SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-11-960) Section 11.10.230(1) Evaluation for 14. Transportation . Agency Use Only a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans,if any. b. Is site currently served by public transit? If not,what is the approximate distance to the nearest transit stop? _ • • c. How many parking spaces would the completed project have? How .many would the project eliminate? d. Will the proposal require any new roads or streets, or improvements to existing roads or streets not including driveways? If so, generally describe(indicate whether public or private). e. Will the project use (or occur in the immediate vicinity of) Water, rail or air transportation? If so,generally describe. f. How many vehicular trips per day would be generated by the completed project? If known,indicate when peak would occur. • (Note:to assist in review and if known indicate vehicle trips during PM peak, . . AM Peak and Weekday(24 hours).) g. Proposed measures to reduce or control transportation impacts,if any: • 15. Public services a. Would the project result in an increased need for public services (for example: fire protection, police protection, health care, schools, other)? If • so,generally describe. b. Proposed measures to reduce or control direct impacts on public services, if any: 11 - 14 • • • SPOKANE ENVIRONMENTAL ORDINANCE • (W.AC 197-11-960) Section 11.10.230(1) • • Evaluation for 16. Utilities Agency Use•C-) Only a. Circle utilities currently available at the site: electricity, natural gas,water, refuse service, telephone,sanitary sewer, septic system,other: • b. Describe the utilities that are proposed for the project, the utility providing the service and the general construction activities on the site or in the immediate vicinity which might be needed. C. SIGNATURE • • I,the undersigned,swear under penalty of perjury that the above responses are made truthfully and to the best of my knowledge. I also understand that,should there be any willful misrepresentation or willful lack of full disclosure on my part,the agency must withdraw any determination of Nonsignificance that it might issue in reliance upon this checklist. • • Date: Signature: Please Print or Type: • Proponent: Address: Phone: Person completing • form(if different from proponent): • Address: Phone: • FOR STAFF USE ONLY Staff member(s)reviewing checklist: • . Based on this staff review of the environmental checklist and other pertinent information,the staff concludes that A. there are no probable significant adverse impacts and recommends a Determination of Nonsignificance. B. probable significant adverse environmental impacts do exist for the current proposal and • recommends a Mitigated Determination of Nonsignificance with conditions. • C. there are probable significant adverse environmental impacts and recommends a Determination of Significance. 11 - 15 • • SPOKANE ENVIRONMENTAL ORDINANCE • • • ( VAC 197-11-960) Section 11.10.230(1) • (7) D: SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (Do not use this sheet for project actions) • Because these questions are very general,it may be helpful to read them in • conjunction with the list of elements of the environment. When answering these questions,be aware of the extent the proposal,or the types of activities likely to result from the proposal,would affect the item at a greater • intensity or at a faster rate than if the proposal were not implemented. Respond • • briefly and in general terms. • • 1. How would the proposal be likely to increase discharge to water;emissions to air;production,storage or release of toxic or hazardous substances;or production of noise? • • Proposed measures to avoid or reduce such increases are: • • 2. How would the proposal be likely to affect plants,animals,fish or marine life? • • • Proposed measures to protector conserve plants,animals,fish or marine life are: • • 3. How would the proposal be likely to deplete energy or natural resources? • • • • Proposed measures to protect or conserve energy and natural resources are: • • 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study)for governmental protection,such as parks, wilderness,wild and scenic rivers,threatened or endangered species habitat,historic or • cultural sites,wetlands,flood plains or prime farmlands? • 11 - 16 • • SPOKANE ENVIRONMENTAL ORDINANCE • (WAC 197-11-960) Section 11.10.230(1) • Proposed measures to protect such resources or to avoid or reduce impacts are: 5. How would the proposal be likely to affect land and shoreline use,including whether it would allow or encourage land or shoreline uses incompatible with • • existing plans? • • • • Proposed measures to avoid or reduce shoreline and land use impacts are: • • 6. How would the proposal be likely to increase demands on transportation or public - services and utilities? • Proposeddmeasures to reduce or respond to such demands)are: • 7. Identify,if possible,whether the proposal may conflict with local,state or federal laws or requirements for the protection of the environment. . . C. SIGNATURE • • • I,the undersigned,swear under penalty of perjury that the above responses are made truthfully and to • • the best of my knowledge. I also understand that,should there be any willful misrepresentation or willful • . • lack of full disclosure on my part,the agency may withdraw any Determination of Nonsignificance that it • might issue in reliance upon this checklist. Date: Signature: • Please Print or Type: Proponent Address: • • Phone: Person completing form(if different from proponent): • • • • Address: a Phone: 11 - 17 • • SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-11-960) Section 11.10.230(1) • FOR STAFF USE ONT..Y . • Staff member(s)reviewing checklist: . Based on this staff review of the environmental checklist and other pertinent information,the staff concludes that: A. _ there are no probable significant adverse impacts and recommends a Determination of. • i\lonsignificance. 13. _ probable significant adverse impacts do exist for the current proposal and recommends a Mitigated Determination of Nonsignificance with conditions. C._ there are probable significant adverse environmental impacts and recommends a Determination of Significance. • • • • • • • • • 0 ' 11 - 18 • • SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-11-965) Section 11.10.230(2) File No. Adoption Notice ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENT Adoption for(check appropriate box) DNS EIS Other Description of proposal Proponent Location of current proposal • Title of document being adopted Agency that prepared document being adopted Date adopted document was prepared Description of document(or portion)being adopted • If document being adopted has been challenged (197-11-630),please describe: 0 The document is available to be read at(place/time): We have identified and adopted this document as being appropriate for this proposal after independent review. The document meets our environmental review needs for the current proposal and will • accompany the proposal to the decision maker. • Name of agency adopting document Contact person,if other than responsible official: Phone: Responsible official: • Position/Title: Phone: • Address: Date: Signature: • 11 - 19' SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-11-970) Section 11.10230(3) File No. Determination of Nonsignificance(DNS)- DETERMINATION OF NONSIGNIFICANCE • Description of proposal Proponent Location of proposal,including street address,if any ' Lead agency The lead agency for this proposal has determined that it does not have a probable significant adverse • impact on the environment. An Environmental Impact Statement(EIS)is not required under RCW ,43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other ' information on file with the lead agency. This information is available to the public on request. [ ] There is no conunent period for this DNS. • [ ] This DNS is issued after using the optional DNS process in section 19741-355 WAC. There is no further comment period on the DNS. • [ ] This DNS is issued under 197-11-340(2);the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by .• Responsible official Position/title Phone • Address • • Date Signature • You may appeal this determination to(name) at(location) no later than(date) by(method) • ' You should be prepared to make specific factual objections. Contact to read or ask about the procedures for SEPA appeals. • • 11 -20 • • • SPOKANE ENVIRONMENTAL ORDINANCE (WAC 197-11-980) Section 11.10.230(4) File No. • Determination of Significance and Scoping Notice(DS) DETERMINATION OF SIGNIFICANCE AND REQUEST FOR COMMENTS ON SCOPE OF EIS Description of proposal • Proponent - • Location of proposal Lead agency EIS required. The lead agency has determined this proposal is likely to have a significant adverse impact on theenvironntent. An Environmental Impact Statement(ELS)is required under RCW 43.21C.030(2)(c) and will be prepared. An environmental checklist or other materials indicating likely environmental - impacts can be reviewed at our.offices. .The lead agency has identified the following areas for discussion in the EIS. Scoping. Agency,affected tribes and members of the public are invited to comment on the scope of the F.TS. You may comment on alternatives,mitigation measures,probable significant adverse impacts and licenses or other approvals that may be required. The method and deadline for giving us your comments is: Responsible official • Position/title Phone Address • Date Signature • • You may appeal this determination of significance to(name) at(location) no later than(date) by(method) You should be prepared to make specific factual objections. Contact to read or ask about the procedures.for SEPA appeals. h 1 0 11 -21 • SPOKANE ENVIRONMENTAL-ORDINANCE (WAC 197-11-985) Section 11.10.230(5) File No. - Notice of Assumption NOTICE OF ASSUMPTION OF LEAD AGENCY STATUS Description of proposal Proponent Location of proposal • • Initial lead agency New lead agency The initial lead agency has determined this proposal was not likely to have significant adverse impact on the environment, according to its determination of Nonsignificance dated. We have reviewed the environmental checklist and related information. In our opinion,an Environmental Impact Statement(EIS)is required on the proposal because of the following impacts. _ You are being notified that we assume the responsibility of lead agency under SEPA,including the duty to prepare an EIS on the proposal. Responsible official Position/title Address Date Signature _ • • • • • • • 0 . 11 -22 • • • SPOKANE ENVIRONMENTAL.ENTAL ORDINANCE • Section 11.10.230(6) Notice of Action File No. • • NOTICE OF ACTION NOTICE IS GIVEN UNDER SEPA,RCW 43.21C.080,THAT (Name of agency or entity) TOOK THE ACTION DESCRIBED IN(2)BELOW ON (Date) 1. ANY ACTION TO SET ASIDE,ENJOIN,REVIEW OR OTHERWISE CHALLENGE SUCH ACTION ON THE GROUNDS OF NONCOMPLIANCE WITH THE PROVISIONS OF CHAPTER 4321C RCW - (STATE ENVIRONMENTAL POLICY ACT)SHALL BE COMMENCED ON OR BEFORE (Date) 2. DESCRIPTION OF AGENCY ACTIONS: • 3. DESCRIPTION OF PROPOSAL(IF NOT COVERED BY 2 ABOVE): 4. LOCATION OF PROPOSAL(A SUFFICIENT DESCRIPTION SHOULD BE GIVEN TO LOCATE THE • SITE,IF ANY,BUT A COMPLE.1 E LEGAL DESCRIPTION IS NOT REQUIRED): 0 . S. TYPE OF ENVIRONMENTAL REVIEW UNDER SEPA(INCLUDE NAME AND DATE OF ANY• ENVIRONMENTAL DOCUMENTS): . 6. DOCUMENTS MAY BE EXAMINED DURING REGULAR BUSINESS HOURS AT(LOCATION, INCLUDING ROOM NUMBER,IF ANY): 7. NAME OF AGENCY,PROPONENT OR APPLICANT GIVING NOTICE: • 8. THIS NOTICE IS FILED BY(SIGNATURE OF INDIVIDUAL ANA CAPACITY IN WHICH THE PERSON IS SIGNING): . • DATE • 1 1 -23 • • • APPENDIX A SPOKANE COUNTY SEPA POLICIES • This document entitled "Spokane County SEPA Policies" is adopted and may be amended pursuant to section 197-11-902 WAC by resolution of the Board of County Commissioners. It is the plans, rules and regulations, and all amendments thereto, for the application of substantive authority pursuant to 11.10.160. 1. Spokane County Code; 2. Spokane County Comprehensive Plan and Urban Growth Areas, and neighborhood subarea plans; '3. Spokane County Shoreline Program; • 4. Spokane County Critical Areas Ordinance; • 5. Spokane County Zoning Code; • 6. Spokane County Subdivision Ordinance; • 7. Spokane County Capital Facilities Plan; 8. Spokane County Comprehensive Wastewater Management Plan; • 9. Spokane County Coordinated Water System Plan, chapter 70.116 and 90.03 RCW, and • Title 246, WAC; 10. Spokane County Comprehensive Solid Waste Management Plan; 1.1. Spokane County Parks and Recreation'Comprehensive Plan; 12. Spokane Aquifer Water Quality Management Plan (208 Plan); • I3.'Spokane County Hearing Examiner Ordinance; 14. Spokane County Sanitary Sewer; 15. Spokane County Standards for Road and Sewer Construction; • • 16. Stormwater Management Plans, as adopted by Spokane County; 17. Guidelines for Spokane County Stormwater Management; 18. Spokane County Stormwater Control Ordinances; 19. Spokane County Utility Accommodation Policy; ,20. Critical Materials Handbook, as referenced in Title 3 of the Spokane County Code; 21. Spokane County Department of Public Works, Engineering Division, Six-Year Transportation Improvement Program; 22. Spokane Area Wellhead Protection Program; 23. Chapter 84.34 RC W, Open Space,Agricultural, Timber Lands-Current Uses- Conservation Futures, and chapter 458-30 WAC; 24. Chapter 90.58 RCW, Shoreline Management Act of 1971, and chapters 173-14, 173-16, 173-18, 173-19, 173-20 and 173-22 WAC; A- 1 • APPENDIX A SPOKANE COUNTY SEPA POLICIES 25..Chapter.43.21 C RCW, State Environmental Policy, and chapter 197-11 WAC; 26. Title 58 RCW,Boundaries and Plats; 27. Spokane County Erosion and Sediment Control Ordinance; 28. Chapter 19.27 RCW, State Building Code, as locally amended,adopted, administered and enforced; 29. Chapter 76.09, 34.05, 43.21C.037 RCW, Forest Practices; 30. Spokane County Timber Harvest Ordinance; 31. Chapter 173-60 WAC, Maximum Environmental Noise Levels; 32. Spokane County Flood Damage Protection Ordinance; • 33. Recommendations and positions based upon memorandums of agreement between Spokane County and other jurisdictions including Fairchild Air Force Base; • 34..Reports,technical studies, and/or maps found in the"Soil Survey—Spokane County, • Washington," published materials by the Natural Resources Conservation Service and Department of Natural Resources; 35. The National Rifle Association Range Sourcebook regarding safe shooting ranges; • 0 36..The National Fire Code published by.the National Fire Protection Association,'including any referenced publications/documents; . 37.Any technical books or publications used as reference material in the administration/enforcement of chapter 19.27 RCW; . • A-2 • J ‘' l . APPENDIX B - - 0 SEPA EXEMPTION LEVELS MATRIX (INFORMATIONAL ONLY) The following matrix serves for informational purposes only and should not be interpreted as law. Departments may administratively update this, matrix for their own information. See Washington Administrative Code (WAC) chapter 197-•11, and the provisions set forth in this ordinance for specific SEPA exemption rules and regulations . • A(�+T!V I• lC I1L,+X1JZ le(�1�iX�1nlY,l13 Rezone X Special Permit Use Permit W en Project Meets Flexible X Thresholds Variances Not including change in use or density) X 'port Plats or Short Subdivisions Xl . Short Plat Within Land Previously Platted X • License for Discharge to Water . X . Activities Cntical Areas • X2 Annexation Into A City X. . • License for Discharge to Air - X - <20 Dwe ling Units X Agricultural Buildings <20,000 Square Foot X Office, School, Commercial, Recreational, Service, X - ` Storage Buildings< 12,000 Square Feet And Up to 40 •. . Parking Spaces . � Parking Lots<40 Parking Spaces X �f) , Landfills And Excavations <500 Cubic Yards . X . . : • . •Transit Stops X .. • • Signs And Signals • X . Minor Road Repair Including Pedestrian and Bike X • . Facilities Additions l o Building Below the Flexible l hresholds X . • Building )emolrtion Below Flexible thresholds X . Demolition of l3uildings of Histonc Significance X Underground Tanks < 10,000 gallons X .• Vacation of Streets And Roads • • - X Hydrological Measuring Devises X • Survey and Boundary Markers X Repair, Remodeling,Maintenance or Existing Structures X1 Minor Repair or Replacement of Structures XI Dredging X Reconstruction/Maintenance Shoreline Protection X Measures Replacement of Utilities/ Utility Lines X3 Repair/Rebuilding Dams, Dikes or Reservoirs X Water Rights and Structures For <50 c/f/s of Surface X Water for Irrigation �__,) �I 'r • APPENDIX B • a; E- >s r: CT ;T VT ' ottontitt- Water Rights and Structures For f f/s or 2,250 g/p/m X or Ground Water • Sale, Transfer, Exchange or Lease of Land X Closure of Schools (Plan) X Open Burning X Variances Under the Clean Air Act X Issuance, Renewal, Revision of Air Operating Permit X Water Quality Certifications X Activities of Fire and Law Enforcement Exempt X Construction - Proposal Or Adoption of Rules, Regulations, X Resolutions Ordinance or Plan Relating To Procedures • and Contains No Standards Adoption of State Building Codes X • Adoption of Noise Ordinances X Installation, Construction, Relocation 0 Utilities X1 Except The Following: 1. Communication Towers or Relay Stations 2. Stormwater,Water and Sewer with lines> 8 inches 3. Electrical Facilities and Lines> 55,000 Volts Grants Of Franchise By Agencies I o Utilities X Class 1,I1,11 Forest Practice Permits/Regulations X Recreational Sites Development<12 Campsites X Watershed Restoration Projects Pursuant 1'o a X - Restoration Plan Microcell Attached`l o Structure—No Residence or X School On-site - Personal Wireless Service Antennas Attached To X Structure—No Residence or School On-site And in a • Commercial, Industrial, Forest or Agricultural Zone. Personal Wireless Service'l'ower<60 Feet In a X Commercial,Industrial, Forest or Agricultural Zone. • I Applies to land not covered by water. 2 Under section 197-11-305 WAC, each County/City may adopt provisions to exclude exemptions listed in 197-11-800 for those sites listed in Critical Areas. 3 Some utility replacements are non exempt. See WAC for specifics (i.e. replacement of transmission line for natural gas is not exempt). B-2