# Chapter 197-11 WAC 

# e·

WAC 197-11-010 197-11-020 197-11-030 197-11-040 197-11-050 197-11-055 197-11-060 197-11-070 197-11-080 197-11-090 197-11-100 197-11-300 197-11-305 197-11-310 197-11-315 197-11-330 197-11-335 197-11-340 197-11-350 197-11-360

197-11-390 

# •**197-11~00 197-11~02** **197-11~05 197-11~06** **197-11~08 197-11~10** **197-11~20 197-11~25** **197-11~30 197-11~35** **197-11~40 197-11~42** **197-11~43 197-11~44** **197-11~48 197-11~50** **197-11~55 197-11~60**  197-11-500 197-11-502 197-11-504 197-11-508 197-11-510 197-11-535 197-11-545 197-11-550 197-11-560 197-11-570 197-11-600 197-11-610 197-11-620

197-11-625 197-11-630 197-11-635 197-11-640 197-11-650 197-11-655 

# • 197-11-660 197-11-680 197-11-700 197-11-702 197-11-704 197-11-706 

# SEPARULES

197-11-708 Authority. 197-11-710 Purpose. 197-11-712 Policy. 197-11-714
Definitions. 197-11-716
Lead agency. 197-11-718 Timingofthe SEPA process. 197-11-720
Contentofenvironmental review. 197-11-722
Limitationson actionsduringSEPAprocess. 197-11-724 Incompleteor unavailable information. 197-11-726 Supportingdocuments. 197-11-728
Information requiredofapplicants. 197-11-730 Purposeofthis part. 197-11-732 Categoricalexemptions. 197-11-734
Threshold determination required. 197-11-736
Environmentalchecklist. 197-11-738
Thresholddetermination process. 197-11-740
Additional information. 197-11-742
Determination ofnonsignificance (DNS). 197-11-744 Mitigated DNS. 197-11-746
Determinationofsignificance (DS)linitiationof 197-11-748

scoping. 197-11-750
Effectofthreshold determination. 197-11-752 Purpose ofEIS. 197-11-754
General requirements. 197-11-756
EIS types. 197-11-758
EIStiming. 197-11-760 Scoping

. 197-11-762 Expanded scoping. (Optional) 197-11-764
EISpreparation. 197-11-766 Styleandsize. 197-11-768
Format. 197-11-770
Coverletteror memo. 197-11-772 197-11-774 EIScontents. 197-11-776 ContentsofEISon nonproject proposals. EIScontentswhen priornonproject EIS. 197-11-778
Elementsoftheenvironment. 197-11-780 197-11-782 RelationshipofEIStootherconsiderations. Cost-benefitanalysis. 197-11-784 197-11-786 IssuanceofDEIS. 197-11-788 IssuanceofFEIS. Purposeofthis Part. 197-11-790 197-11-792 Inviting comment. Availability andcostofenvironmental documents. 197-11-793
SEPAREGISTER. 197-11-794 197-11-796 Publicnotice. 197-11-797 Publichearingsand meetings. Effectofno comment. 197-11-799 197-11-800 Specificityofcomments. FEIS responsetocomments. 197-11-810
Consulted agencycosts toassist lead agency. Whentouse existingenvironmental documents. 197-11-820
UseofNEPA documents. 197-11-825 Supplemental environmentalimpact statement­ 197-11-830

Procedures. 197-11-835 197-11-840 Addenda-Procedures. Adoption-Procedures. 197-11-845 Incorporation byreference-Procedures. 197-11-850 Combiningdocuments. 197-11-855 Purposeofthis Part. 197-11-860 Implementation. 197-11-865
Substantiveauthorityand mitigation. 197-11-870 Appeals

. 197-11-875 197-11-880 Definitions. 197-11-890 Act. Action. 197-11-900 197-11-902 Addendum. Adoption. Affected tribe. Affecting. Agency. Applicant. Builtenvironment. Categoricalexemption. Consolidated appeal. Consulted agency. Cost-benefitanalysis. Countylcity. Decisionmaker. Department. Determinationofnonsignificance (DNS). Determinationofsignificance (DS). EIS. Environment. Environmental checklist. Environmentaldocument. Environmental review. Environmentally sensitive area. Expanded scoping. Impacts. Incorporation by reference. Landscoveredbywater. Lead agency. License. Local agency. Majoraction. Mitigated DNS. Mitigation. Naturalenvironment. NEPA. Nonproject. Phasedreview. Preparation. Privateproject. Probable. Proposal. Reasonable alternative. Responsible official. SEPA. Scope. Scoping. Significant. Stateagency. Threshold determination. Underlyinggovernmental action. Categoricalexemptions. Exemptions and nonexemptions applicabletospecific

stateagencies. Departmentoflicensing. Departmentoflaborandindustries. Departmentofnaturalresources. Departmentoffisheries. Departmentofgame. Departmentofsocial andhealth services. Departmentofagriculture. Departmentofecology. Departmentoftransportation. Utilities andtransportation commission. Departmentofcommerceand economicdevelopment. Otheragencies. Emergencies. Petitioning DOEtochangeexemptions. Purposeofthis Part. Agency SEPApolicies.

[Cb. 197-11 WAC-pIJChapter 197-11 SEPARules

197-11-904 197-11-906 197-11-908 197-11-910 197-11-912 197-11-914 197-11-916 197-11-917 197-11-918 197-11-920 197-11-922 197-11-924 197-11-926 197-11-928 197-11-930

197-11-932

197-11-934

197-11-936

197-11-938 197-11-940 197-11-942 197-11-944 197-11-946 197-11-948 197-11-950 197-11-955 197-11-960 197-11-965 197-11-970 197-11-980

197-11-985 197-11-990 Agency SEPAprocedures. Content and consistency ofagency procedures. Environmentally sensitive areas. Designation ofresponsible official. Procedureson consulted agencies. SEPAfees and costs. Application to ongoing actions. Relationshiptochapter 197-10WAC. Lackofagency procedures. Agencies with environmental expertise. Lead agencyrules. Determining thelead agency. Lead agency for governmental proposals. Lead agency for publicand privateproposals. Lead agency for private projectswith one agency

withjurisdiction

.. Lead agency for privateprojects requiring licenses

from more thanone agency, when oneoftheagencies is acountyjcity. Lead agency for privateprojects requiring licenses

from a local agency, not a countyjcity,and oneor

more stateagencies. Lead agency for privateprojects requiring licenses

from more thanone stateagency. Lead agencies for specific proposals. Transferoflead agency statusto a stateagency. Agreements on lead agency status. Agreements on division oflead agencyduties. DOEresolution oflead agency disputes. Assumption oflead agency status. Severability. Effectivedate. Environmental checklist. Adoption notice. Determination ofnonsignificance (DNS). Determination ofsignificance and scoping notice

(DS). Noticeofassumption oflead agency status. Noticeofaction.



### PARTONE

- PURPOSE/AUTHORITY

WAC 197-11-010 Authority. These rules are promulgated under the State Environmental Policy Act (SEPA), chapter43.21C RCW. RCW 43.21C.110 specifies the content ofthese rules and grants authority for promulgation. As required in RCW 43.21C.095, these rules shall be given substantial deference in the interpretation ofSEPA.

WAC 197-11-020 Purpose. (1) The purpose of these rules is to establish uniform requirements for compliance with SEPA. Each agency must have its own SEPAprocedures consistent with these state-widerules. Theeffectivedateoftheserules is statedin 197-11-955. (2) These rules replace the previous guidelines in chapter 197-10WAC. (3) The provisions ofthese rules and the act must be read together as a whole in order to comply with the spirit and letter ofthe law.

WAC 197-11-030 Policy. (1) The policies and goals set forth in SEPA are supplementary to existing agency authority. (2) Agencies shall to the fullest extent possible:



### leb. 197-11WAC-p21 (a) Interpret and administer the policies, regulations, and laws ofthe state ofWashington in accordance with thepolicies set forth in SEPAand these rules. 

# -0

(b) Find ways to make the SEPAprocess more useful
to decisionmakers and the public; promote certainty regarding the requirements ofthe act; reduce paperwork and the accumulation of extraneous background data; and emphasize important environmental impacts and alternatives. (c) Prepareenvironmentaldocumentsthatareconcise, clear, and to the point, and are supported by evidence that the necessary envIronmental analyses have been made. (d) Initiate the SEPA process early in conjunction with other agency operations to avoid delay and duplication. (e) Integrate the requirements ofSEPAwith existing agency planning and licensing procedures and practices,

so that such procedures run concurrently rather than consecutively. (f) Encourage public involvement in decisions that significantly affect environmental quality. (g) Identify, evaluate, and require or implement, where required by the act and these rules, reasonable alternatives that would mitigate adverse effects of proposed actions on theenvironment.



### PARTTWO

- GENERALREQUIREMENTS

WAC 197-11-040 Definitions. The terms used in 

# C

these rules areexplained in PartEight, Definitions, 197­ 11-700 to 197-11-799. This terminology shall be uniform throughout the state as applied to SEPA, chapter 43.21C RCW. References in these rules to 197-11 refer
to chapter 197-11 of the Washington Administrative Code (chapter 197-11 WAC).

WAC 197-11-050 Lead agency. (1) A lead agency shall be designated when an agency is developing or is presented with a proposal, following the rules beginning
at 197-11-922. (2) The lead agency shall be the agency with main responsibility for complying with SEPA'S procedural requirements and shall be theonly agencyresponsible for: (a) Thethreshold determination; and (b) Preparation and content ofenvironmental impact
statements.

WAC 197-11-055 Timing ofthe SEPAprocess. (1) 

### Integrating SEPA andagencyactivities. TheSEPAprocess shall be integrated with agency activities atthe earliest possible time to ensure that planning and decisions reflect environmental values, to avoid delays later in the process, andto seekto resolve potentialproblems. 

### (2) Timing of

### review ofproposals. The lead agency shall prepare its threshold determination and environmental impact statement (EIS), ifrequired, at the earli- 

# C.

est possible point in the planning and decisionmakingSEPARules PartTwo--197-11-060 

# • process, when theprincipal features ofa proposal and its environmental impactscan be reasonably identified. (a) A'proposal exists when an agency is presented with an application or has a goal and is actively preparing to make a decision on one or morealternativemeans ofaccomplishing thatgoal andtheenvironmental effects

can be meaningfully evaluated. (i) The fact that proposals may require future agency approvals or environmental review shall not preclude
current consideration, as long as proposed future activities are specificenough to allow someevaluationoftheir probable environmental impacts. (ii) Preliminary steps or decisions are sometimes needed before an action is sufficiently definite to allow meaningful environmental analysis. (b) Agencies shall identify the times at which the environmental review shall be conducted either in their procedures or on a case-by-case basis. Agencies may also organize environmental review in phases, as specified in 197-11-060(5). (c) Appropriate consideration ofenvironmental information shall be completed before an agency commits to

a particularcourse ofaction (197-11-070). (3) Applications and rulemaking. The timing ofenvironmental review for applications and for rulemaking shall be as follows: 

# • (a) At the latest, the lead agency shall begin environmental review, ifrequired, when an application is complete. The lead agency may initiate review earlier and may have informal conferences with applicants. A final threshold determination or FEIS shall normally precede

or accompany the final staffrecommendation, ifany, in

a quasi-judicial proceeding on an application. Agency procedures shall specify the type and timing ofenvironmental documents that shall be submitted to planning commissions and similar advisory bodies (197-11-906). (b) For rulemaking, the DNS or DEIS shall normally
accompany the proposed rule. An FEIS, ifany, shall be issued at least seven days before adoption ofa final rule (197-11-460(4».

(4) Applicant review at conceptual stage. In general, agencies should adopt procedures for environmental review and for preparation ofEISs on private proposals at theconceptual stageratherthanthefinal detaileddesign stage. (a) Ifan agency's only action is a decision on a building permit or other license that requires detailed project plans and specifications, agencies shall provide applicants with the opportunity, for environmental review under SEPA prior to requiring applicants to submit such detailed project plans and specifications. (b) Agencies may specify theamount ofdetail needed from applicants for such early environmental review, consistent with 197-11-100 and 197-11-335, in their SEPAorpermit procedures. (c) This subsection does not preclude agencies or apor more agencies. If several agencies have jurisdiction

over a proposal, they should coordinatetheir SEPA processeswhereverpossible. Theagencies shall comply with lead agency determination requirements in 197-11-050 and 197-11-922. (6) To meet the requirement to insure that environmental values and amenities are given appropriate consideration along with economic and technical considerations, environmental documents and analyses shall be circulated and reviewed with other planning documents tothe fullest extentpossible. (7) For their own public proposals, lead agencies may extend thetime limits prescribed in theserules.

WAC 197-11-060 Content of environmental review. (1) Environmental review consists of the range of proposed activities,alternatives, and impacts to be analyzed in an environmental docum.ent, in accordance with SEPA's goals and policies. This section specifies the
content ofenvironmental review common to allenvironmental documents required under SEPA. (2) Thecontent ofenvironmental review: (a) Depends oneach particular proposal, on an agency's existing planning and decisionmaking processes, and

on the time when alternatives and impacts can be most meaningfully evaluated; (b) For the purpose ofdeciding whether an EIS is required, is specified in the environmental checklist, in 197-11-330and 197-11-444;

(c) For an environmental impact statement, is considered its "scope" (197-11-792 and Part Four of these rules); (d) For any supplemental environmental review, is specified in Part Six. (3) Proposals. (a) Agencies shall make certain thatthe proposal that is the subject of environmental review is properly defined. (i) Proposals include public projects or proposals by agencies, proposals by applicants, if any, and proposed actions and regulatory decisions ofagencies in response to proposals by applicants. (ii) A proposal by a lead agency or applicant may be putforward as anobjective, as several alternative means of accomplishing a goal, or as a particular or preferred

course ofaction. (iii)- Proposals should be described in ways that encourage considering and comparing alternatives. Agencies are encouraged to describe public or nonproject proposals in terms of objectives rather than preferred solutions. A proposalcould be described, for example, as "reducing flood damage and achieving betterflood control by one or a combination of the following means: Building a new dam; maintenance dredging; use of shoreline and land use controls; purchase of floodprone areas; orrelocation assistance." 

# • plicants from preliminary discussions or exploration of (b) Proposals or parts ofproposals that are related to ideas and options prior to commencing formal environ­ each otherclosely enough to be, in effect, a singlecourse mental review. of action shall be evaluated in the same environmental (5) An overall decision to proceed with a course of document. (Phased review is allowed under subsection action may involve a series ofactions ordecisions by one (5).) Proposals or parts ofproposals are closely related,

[Cb. 197-11 WAC-p3]PartTwo-I97-11-060 SEPARules

and they shall be discussed in the same environmental document, ifthey: (i) Cannot or will not proceed unless the other proposals (or parts ofproposals) are implemented simultaneously with them; or (ii) Are interdependent parts ofa larger proposal and dependon thelargerproposal as theirjustificationorfor theirimplementation. (c) (Optional) Agencies may wish to analyze "similar actions" in a single environmental document. (i) Proposals are similar if, when viewed with other reasonably foreseeable actions, they have common aspects that provide a basis for evaluating their environmental consequences together, such as common timing, typesofimpacts, alternatives, orgeography. This section does not require agencies or applicants to analyze similar actions in a single environmental document or require applicants to prepare environmental documents on proposals otherthan theirown. (ii) When preparing environmental documents on similar actions, agencies may find it useful to define the proposals in one ofthe following ways: (A) Geographically, whichmay include actions occurring in the same general location, such as a body of water, region, or metropolitan area;or (B) generically,which mayinclude actionswhich haverelevant similarities, such as common timing, impacts, alternatives, methods of implementation, environmental media, orsubjectmatter. (4) Impacts. (a) SEPA's procedural provisions require the consideration of "environmental" impacts (see definition of "environment" in 197-11-740 and of "impacts" in 197­ 11-752), with attention to impacts that are likely, not merely speculative. (Seedefinition of "probable" in 197­ 11-782 and 197-11-080 on incomplete or unavailable information.)

. (b) In assessing the significance ofan impact, a lead
agency shall not limit its consideration of a proposal's impacts only to those aspects within itsjurisdiction, including local or state boundaries (See 197-11-330(3) also). (c) Agencies shall carefully consider the range of probable impacts, including short-term and long-term effects. Impacts shall include those that are likely to arise or exist over the lifetime ofa proposal or, depending on the particularproposal, longer. (d) A proposal's effects include direct and indirect impacts caused by a proposal..Impacts include those effects resulting from growthcausedby a proposal, as well

as the likelihood thatthepresentproposal will serve as a precedent for future actions. For example, adoption ofa zoning ordinance will encourage or tend to cause particular types ofprojects or extension of sewer lines would tend to encourage development in previously unsewered

areas. (e) The range of impacts to be analyzed in an EIS (direct, indirect, and cumulative impacts, 197-11-792) may be wider than the impacts for which mitigation

measures are required ofapplicants (197-11-660). This which the adverse impacts are attributable to the applicant's proposal, and the capability of applicants or agencies tocontrol theimpacts in each situation. 

# o (5) Phasedreview. (a) Lead agencies shall determine the appropriate
scope and level ofdetail ofenvironmental review to coincide with meaningful points in their planning and decisionmaking processes. (See 197-11-055 on timing of environmental review.) (b) Environmental review may be phased. If used, phased review assists agencies and thepublic tofocus on issues that are ready for decision and exclude from consideration issues already decided or not yet ready. Broader environmental documents may be followed by

narrower documents, for example, that incorporate prior general discussion by referenceandconcentrate solely on theissues specific to thatphase oftheproposal. (c) Phased review is appropriate when: (i) The sequence is from a nonproject document to a document of narrower scope such as a site specific analysis (see, for example, 197-11-443);or (ii) The sequence is from an environmental document

on a specific proposal at an early stage (such as need and site selection) to a subsequent environmental document ata later stage (such as sensitive design impacts). (d) Phasedreview is not appropriatewhen: (i) The sequence is from a narrow project document
to a broad policy document;

. (ii) It would merely divide a larger system into exempted fragments or avoid discussion ofcumulative impacts; or 

# o
(iii) It would segment and avoid present consideration of proposals and'their impacts that are required to be evaluated in a single environmental document under 197-11-060(4)(b) or 197-11-305(1); however, the level of detail and type of environmental review may vary with the nature and timing ofproposals and their component parts. (e) When a lead agency knows it is using phased review, itshall so statein its environmental document. (f) Agencies shall use the environmental checklist, scoping process, nonproject EISs, incorporation by reference, adoption, and supplemental EIS's, and addenda,

as appropriate, to avoid duplication and excess paperwork. (g) Where proposals are related to a large existing or planned network, such as highways, streets, pipelines, or utility lines or systems, the lead agency may analyze in detail theoverall networkas thepresent proposal or may select some of the future elements for present detailed consideration. Any phased review shall be logical in relation tothedesign oftheoverall systemornetwork, and shall beconsistent with this section and 197-11-070.

WAC 197-11-070 Limitations on actions during SEPA process. (1) Until the responsible official issues a final determination of nonsignificance or final environmental impact statement, no action concerning the proposal shall be taken by a governmental agency that 

# o

will depend upon the specific impacts, the extent to would: (a.) .Havean adverseenvironmental impact;or

[Cb. 197-11 WAC-p4]SEPARules PartTwo-I97-11-305

(b) Limit thechoiceofreasonable alternatives. 

# • (2) In addition, certain DNSs require a fifteen-day period prior to agency action (197-11-340(2)), and FEISs require a seven-dayperiod prior to agency action (197-11-460(4)).

(3) In preparing environmental documents, there may be a need to conduct studies that may cause nonsignificant environmental impacts. If such activity is not exempt under 197-11-800(18), the activity may nonetheless proceed ifa checklist is prepared and appropriatemitigation measures taken. (4) This section does not preclude developing plans or designs, issuing requests for proposals (RFPs), securing options, or performing other work necessary to develop

an application for a proposal, as long as such activities

areconsistent with subsection (1).

WAC 197-11-080 Incomplete or unavailable information. (1) Ifinformation on significant adverseimpacts essential to a reasoned choice among alternatives is not known, and the costs ofobtaining it are not exorbitant, agencies shall obtain and include the information in their environmental documents. (2) When there are gaps in relevant information or scientific uncertainty concerning significant impacts, agencies shall make clear that such information is lacking orthat substantialuncertainty exists. 

# • (3) Agencies may proceed in the absence ofvital information as follows: (a) If information relevant to adverse impacts is essential to a reasoned choice among alternatives, but is
not known, and the costs ofobtaining it are exorbitant;

or(b) Ifinformation relevant to adverse impacts is important to the decision and the means to obtain it are speculative or not known;

Then the agency shall weigh the need for the action with the severity of possible adverse impacts which would occur ifthe agency were to decide to proceed in the face of uncertainty. If the agency proceeds, it shall generally indicate in the appropriate environmental documents its worst case analysis and the likelihood ofoccurrence, to the extent this information can reasonably be developed. (4) Agencies may rely upon applicants to provide information as allowed in 197-11-100.

WAC 197-11-090 Supporting documents. If an agency prepares background or supporting analyses, studies, or technical reports, such material shall be considered part of the agency's record of compliance with SEPA,as long as thepreparationandcirculationofsuch material complies with the requirements in these rules for incorporation by reference and the use ofsupporting documents.

. any time, voluntarily submit ·information beyond that required under these rules. An agency is allowed to require information from an applicant in the following

areas: 

### (1) Environmental checklist. An applicant may be required to complete the environmental checklist in 197­ 11-960 in connection with filing an application (see 197-11-315). Additional information may be required
at an applicant's expense, but not until after initial agency review of the checklist (197-11-315 and 197­ 11-335).



### (2) Threshold determination. Any additional information required by an agency after its initial review ofthe checklist shall be limited to those elements on the checklist for which the lead agency has determined that information accessible to the agency is not reasonably sufficient to evaluate the environmental impacts of the proposal. The lead agency may require field investigations or research by the applicant reasonably related to determining a proposal's environmental impacts (197­ 11-335).Anapplicantmayclarifyorrevise thechecklist
at any time prior to a threshold determination. Revision of a checklist after a threshold determination is issued shall be madeunder 197-11-340or 197-11-360. 

### (3) Environmentalimpactstatements. Theresponsible official may require an applicant to provide relevant information that is not in the possession of the lead agency. Although an agency may include additional analysis not required under SEPA in an EIS (197-11­ 440(8), 197-11-448(4) and 197-11-640), the agency shall not require the applicant to furnish such information, under these rules. An applicant shall not be required to provide information requested of a consulted agency until the agency has responded or the time allowed for the consulted agency's response has elapsed, whichever is earlier. Preparationofan EIS by the applicantis in 197-11-420.



### PARTTHREE

- CATEGORICAL EXEMPTIONSANDTHRESHOLD DETERMINATION

WAC 197-11-300 Purpose of this part. This Part provides rules for: (1) Administering categorical exemptions for proposals that would not have probable significant adverse impacts; (2) Deciding whether a proposal has a probable significant adverse impact and thus requires an EIS (the threshold determination); (3) Providing a way toreview and mitigatenonexempt proposals through the threshold determination; and (4) Integrating SEPA into early planning to ensure 

# • WAC 197-11-100 Information required of applicants. Further information may be required if the responsible official determines that the information initially supplied is notreasonably adequateto fulfill the purposes for which it is required. An applicant may, at appropriate consideration of SEPA's policies an.d to eliminateduplication and delay.

WAC 197-11-305 Categorical exemptions. (1) If·a proposal fits within any oftheprovisions in PartNineof these rules, the proposal shall be categorically exempt

[eb. 197-11 WAC-p5]PartThree-197-11-305 SEPARules

from threshold determination requirements (197-11­ 720) exceptas follows:

(a) The ,proposal is not exempt under 197-11-908, environmentally sensitive areas. (b) The proposal is a segment of a proposal that includes: (i) A series of actions, physically or functionally related,to each other, some ofwhich are categorically exemptand some ofwhich arenot; or (ii) A series of exempt actions that are physically or functionally relatedtoeach other, and thattogethermay have a probable significant adverse environmental impact in thejudgment 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 ofecology to resolve disputes (197-11-946). For such proposals, the agency or applicant may proceed with the exempt aspects of the proposals, prior to conducting environmental review, ifthe requirements of 197-11-070aremet.

(2) An agency is not required to document that a proposal is categorically exempt. Agencies may note on

an application that a proposal is categorically exempt or place such a determination in agency files.

.WAC 197-11-310 Threshold determination required. (1) A threshold determinationis required for any proposal which meets the definition ofaction and is not categorically exempt. (2) The responsible official of the lead agency shall make the threshold determination, which shall be made

as close as possible to the time an agency has developed

oris presented with a proposal (197-11-784). (3) In most cases, the time to complete a threshold determination should not exceed fifteen days. Complex proposals, those where additional information is needed, and/or those accompanied by an inaccurate checklist may require additional time. Upon request by an applicant, the responsible official shall select a date for making the threshold determination and notify the applicant ofsuchdate in writing. (4) All threshold determinations shall be documented in:(a) A determination of nonsignificance (DNS) (197­ 11-340);or

(b) A determination of significance (DS) (197-11­ 360).

WAC 197-11-315 Environmental checklist. (1) Agencies: (a) Shall use theenvironmental checklist substantially in the form found in 197-11-960 to assist in making threshold determinations for proposals, except for: Public proposals on which the lead agency has decided to prepare its own EIS, or proposals on which the lead
agency and applicant agree an EIS will be prepared. (b) May use an environmental checklist whenever it would assist in their planning and decisionmaking, but shall not require an applicant to prepare a checklist underSEPA, unless a checklistis requiredby (1)(a) ofthis section. 

# c (2) The lead agency shall prepare the checklist or re­ quire an applicant to preparethe checklist. (3) The items in the environmental checklist are not weighted. The mention ofone or many adverse environmental impacts does not necessarily mean that the impacts are significant. Conversely, a probable significant adverse impact on the environment may result in the need for an EIS.

WAC 197-11-330 Threshold determination process. An EIS is required for proposals for legislation and other major actions significantly affecting the quality of the environment. The lead agency decides whether an EIS is required in the threshold determination process,

as described below. (1) In making a threshold determination, the responsible official shall: (a) Review the environmental checklist, ifused: (i) Independently evaluating the responses ofany applicant and indicating the result ofits evaluation in the DS, in theDNS, oron thechecklist; and (ii) Conducting its initial review ofthe environmental checklist and any supporting documents without requiring additional information from theapplicant. (b) Determineifthe proposal is likely to have a probable significant adverse environmental impact, based on the proposed action, the information in the checklist (197-11-960), and any additional information furnished under 197-11-335and 197-11-350;and 

# c

(c) Consider mitigation measures which an agency or the applicant will implement as part ofthe proposal. (2) In making a threshold determination, the responsible official should determine whether: (a) All orpartoftheproposal, alternatives,orimpacts have been analyzed in a previously prepared environmental document, which can be adopted or incorporated by reference (see PartSix). (b) Environmental analysis would be more useful or appropriate in the future in which case, the agency shall commit to timely, subsequent environmental review, consistent with 197-11-055 through 197-11-070 and PartSix. (3) In determining an impact's significance (197-11­ 794), the responsible official shall take into account the following, that: (a) The same proposal may have a significant adverse impact in one location butnot in another location; (b) Theabsolutequantitative effects ofa proposal are also important, and may result in a significant adverse impact regardless of the nature of the existing environment; (c) Several marginal impacts when considered together mayresult in a significant adverse impact; (d) For some proposals, it may be impossible to fore-

, cast the environmental impacts with precision, often be-

­ cause some variables cannot be predicted or values
cannotbequantified. (e) A proposal may to a significantdegree:



### lCh. 197-11 WAC-p6]SEPARules PartThree-197-11-350

(i) Adversely affect environmentally sensitive or spe­ (a) An agency shall not act upon a proposal for fif­ 

# • cial areas, such as loss or destruction of historic, scien­ tific, and cultural resources, parks, prime farmlands, wetlands, wild and scenic rivers, or wilderness; (ii) Adversely affect endangered or threatened species

or theirhabitat; (iii) Conflict with local, state, or federal laws or requirements for the protection ofthe environment; and (iv) Establish a precedent for future actions with significant effects, involves unique and unknown risks to the environment, or may affect publichealth or safety. (4) If after following 197-11-080 and 197-11-335 the lead agency reasonably believes that a proposal may have a significant adverse impact, anEISis required. (5) A threshold determination shall not balance whether the beneficial aspects ofa proposal outweigh its adverse impacts, but rather, shall consider whether a proposal has any probable significant adverse environmental impactsundertherules statedin this section. For example, proposalsdesigned to improvetheenvironment, such as sewage treatment plants or pollution control requirements, may also have significant adverse environmental impacts.



# • WAC 197-11-335 Additional information. The lead agency shall make its threshold determination based upon information reasonably sufficient to evaluate the environmental impactofa proposal (197-11-055(2) and 197-11-060(3».Thelead agency may take one or more ofthe following actions if, after reviewing the checklist, the agency concludes that there is insufficient information to make its threshold determination: (1) Require an applicant to submit more information

on subjects in thechecklist; (2) Make its own further study, including physical investigations on a proposed site; (3) Consult with other agencies, requesting information on the proposal's potential impacts which lie within the other agencies' jurisdiction or expertise (agencies shall respond in accordancewith 197-11-550);or (4) Decide that all or partofthe action or its impacts

are not sufficiently definite to allow environmental analysis and commit to timely, subsequent environmental analysis, consistent with 197-11-055 through 197­ 11-070.

WAC 197-11-340 Determination of**nonsignific~nce** (DNS). (1) If the responsible official determines there will be no probable significant adverse environmental impacts from a proposal, the lead agency shall prepare and issue a determination of nonsignificance (DNS) substantially in the form provided in 197-11-970. Ifan agency adopts another environmental document in support ofa threshold determination (Part Six), the notice of adoption (197-11-965) and the DNS shall be combined orattached to each other. teen days after the date of issuance of a DNS if the proposal involves: (i) Another agency withjurisdiction; (ii) Demolition of any structure or facility not exempted by 197-11-800(2)(f) or 197-11-880; (iii) Issuance of clearing or grading permits not exempted in PartNine ofthese rules; or (iv) A DNS under 197-11-350(2), 197-11-350(3) or 197-11-360(4).

(b) The responsible official shall send the DNS and environmental checklist to agencies withjurisdiction, the department ofecology, and affected tribes, and each local agency or political subdivision whose public services would be changed as a result of implementation of the proposal, and shall give noticeunder 197-11-510. (c) Any person, affected tribe, or agency may submit
comments to the lead agency within fifteen days ofthe date ofissuance ofthe DNS. (d) The date of issue for the DNS is the date the DNS is sent to the department ofecology and agencies withjurisdiction and is madepublicly available. (e) An agency with jurisdiction may assume lead agency status only within this fifteen-day period (197­ 11-948).

(f) The responsible official shall reconsider the DNS based on timely comments and mayretain ormodify the DNS or, if the responsible official determines that significant adverse impacts are likely, withdraw the DNS

or supporting documents. When a DNS is modified, the lead agency shall send the modified DNS to agencies withjurisdiction. (3)(a) Thelead agency shall withdraw a DNS if: (i) There are substantial changes to a proposal so that the proposal is likely to have significant adverse environmental impacts; (ii) Thereis significant new information indicating, or on, a proposal's probable significant adverse environmental impacts; or (iii) The DNS was procured by misrepresentation or lack of material disclosure; if such DNS resulted from the actions ofan applicant, any subsequent environmental checklist on the proposal shall be prepared directly bythelead agency orits consultantatthe expenseofthe applicant. (b) Subsection (3)(a)(ii) shall not apply when a nonexempt license has been-issued on a private project. (c) Ifthe lead agency withdraws a DNS, the age'ncy shall make a new threshold determination and notify other agencies with jurisdiction of the withdrawal and

new threshold determination. If a DS is issued, each agency with jurisdiction shall commence action to suspend, modify, or revoke any approvals until the necessary environmental review has occurred (see also 197­ 11-070). 

# • (2) When a DNS is issued for any of the proposals WAC 197-11-350 Mitigated DNS. The purpose of listed in (2)(a), the requirements in this subsection shall this section is to allow clarifications orchanges to a probe met. posal priorto making thethreshold determination.

[Cb. 197-11 WAC-p7)

# c PartThree-197-11-3S0 SEPARules

(1) In making threshold determinations, an agency may consider mitigation measures that the agency or applicant will implement. (2) After submission of an environmental checklist and prior to the lead agency's threshold determination

on a proposal, an applicant may ask the lead agency to indicate whether it is considering a DS. If the lead agency indicates a DS is likely, theapplicantmayclarify

or change features of the proposal to mitigate the impacts which led the agency to consider a DS likely. The applicant shall revise the environmental checklist as may be necessary to describe the clarifications or changes. The lead agency shall make its threshold determination based upon the changed or clarified proposal. Ifa proposal continues to have a probable significant adverse environmentalimpact, even with mitigation measures, an EIS shall be prepared. (3) Whether or not an applicant requests early notice under subsection (2), ifthe lead agency specifies mitigation measures on an applicant's proposal that would allow it to issue a DNS, and the proposal is clarified, changed, or conditioned to include those measures, the lead agency shall issue a DNS. (4) Environmental documents need not be revised and resubmitted ifthe clarifications or changes are stated in writing in documents that are attachments to, or incorporateby reference, thedocuments previously submitted. An addendum may be used, see PartSix. (5) Agencies may clarify or change features of their

own proposal, and may specify mitigation measures in their DNSs, as a result ofcomments by other agencies

or the public or as a result of additional agency planning. (6) An agency's indication under this section that a DS appears likely shall not be construed as a determination ofsignificance. Likewise, the preliminary discussion ofclarifications or changes to a proposal shall not bind the lead agency to a mitigated DNS. (7) Agencies may specify procedures for enforcement of mitigation measures in their agency SEPA procedures.

WAC 197-11-360 Determination of significance (DS)jinitiation ofscoping. (1) Ifthe responsible official determines that a proposal may have a probable significant adverse environmental impact, the responsible official shall prepare and issue a determination of significance (DS) substantially in the form provided in 197-11-980.TheDS shalldescribethemain elementsof the proposal, the location of the site, if a site-specific proposal, and the main areas the lead agency has identified for discussion in the EIS. A copy of the environmental checklist may be attached. (2) Ifan agency adopts another environmental document in support ofa threshold determination (PartSix), thenoticeofadoption (197-11-965) andtheDSshall be combined or attached to each other. (3) The responsible official shall put the DS in the lead agency's file and shall commence scoping (197-11­ 408) by circulating copies of the DS to the applicant, agencies withjurisdiction and expertise, ifany, affected

[Cb. 197-11 WAC-p8J tribes, and to the public. Notice shall be given under 197-11-510. Thelead agency is not required to scope if the agency is adopting another environmental document for theEIS oris preparing a supplemental EIS. (4) Ifat any time after the issuance of a DS a proposal is changed so, in thejudgment ofthe lead agency, there are no probable significant adverse environmental impacts, the DS shall be withdrawn and a DNS issued instead. TheDNSshall besent to all who commentedon theDS. A proposal shall not be consideredchangeduntil all license applications for the proposal are revised to conform to the changes or other binding commitments made by agencies or by applicants.

WAC 197-11-390 Effect of threshold determination. (1) When theresponsibleofficial makes a threshold determination, it is final and binding on all agencies, subject to theprovisions ofthis section and 197-11-340, 197-11-360, and Part Six.

(2) Theresponsible official's threshold determination: (a) For proposals listed in 197-11-340(2), shall not be final until fifteen days after issuance. (b) Shallnot apply ifanother agency withjurisdiction

assumes lead agency statusunder 197-11-948. (c) Shall not apply when withdrawn by the responsible official under 197-11-340or 197-11-360. (d) Shallnot apply when reversed on appeal. (3) Regardlessofanyappeals, a DS or DNSissuedby the responsible official may be considered final for purposes of other agencies' planning and decisionmaking unless subsequently changed, reversed, or withdrawn. 

# o

PARTFOUR

- ENVIRONMENTAL IMPACTSTATEMENT(EIS)

WAC 197-11-400 Purpose ofEIS. (1) The primary purpose ofan environmental impact statement is to ensurethat SEPAls policies are an integral partofthe ongoing programs and actions of state and local government. (2) An EIS shall provide impartial discussion of significant environmental impacts and shall inform decisionmakers and the public of reasonable alternatives, including mitigation measures, that would avoid or minimize adverse impacts orenhanceenvironmental quality. (3) Environmental impact statements shall be concise, clear, and to the point, and shall be supported by the necessaryenvironmental analysis. ThepurposeofanEIS is best served by short documents containing summaries of, or reference to, technical data and by avoiding excessively detailed and overly technical information. The volume ofan EIS does not bear on its adequacy. Larger documents mayeven hinder the decisionmaking process. (4) TheEISprocess enables government agencies and interested citizens to review and comment on proposed government actions, including government approval of private projects and their environmental effects. This process is intended to assist the agencies and applicants
to improve their plans and decisions, and to encourageSEPARules PartFour-197-11-408 

# • the resolution ofpotential concerns or problems prior to issuing a final statement. An environmental impact
statement is more than a disclosure document. It shall be used by agency officials in conjunction with other relevant materials andconsiderations toplan actions and makedecisions.

WAC 197-11-402 General requirements. Agencies shall prepare environmental impact statements as follows: (1) EISsneed analyze only thereasonable alternatives and probable adverse environmental impacts that are significant. Beneficial environmental impacts or other impacts may be discussed. (2) The level ofdetail shall be commensuratewith the importance of the impact, with less important material summarized,consolidated, or referenced. (3) Discussion ofinsignificant impacts is not required; ifincluded, such discussion shall be briefand limited to summarizing impacts or noting why more study is not warranted. (4) Description of the existing environment and the
nature ofenvironmental impacts shall be limited to the affected environment and shall be no longer than is necessary to understand the environmental consequences of the alternatives, including theproposal.



# • (5) EISs shall be no longer than necessary to comply with SEPA and these rules. Length should relate first to potential environmentalproblems and then to the size or complexity ofthe alternatives, including the proposal. (6) The basic features and analysis of the proposal, alternatives, and impacts shall be discussed in the EIS and shall be generally understood without turning to other documents; however, an EIS is not required to include all information conceivably relevant to a proposal, and may be supplemented by appendices, reports, or otherdocuments in theagency's record. (7) Agencies shall reduce paperwork and the accumulation ofbackground data by adopting or incorporating by reference, existing, publicly available environmental documents, wherever possible. (8) Agencies shallprepareEISsconcurrentlywith and coordinated with environmental studies and related surveys that may be required for the proposal under other laws, when feasible. (9) The range of alternative courses of action discussedin EISsshallencompass those to be considered by thedecisionmaker

. (10) EISs shall serve as the means of assessing the environmental impact ofproposed agency action, rather thanjustifyingdecisions alreadymade.

WAC 197-11-405 EIS types. (1) Draft and final environmental impact statements (EISs) shall be prepared; draft and final supplemental EISs may be prepared. (3) A final EIS (FEIS) shall revise the DEIS as appropriate and respond to comments as required in 197­ 11-560. An FEIS shall respond to opposing views on significant adverse environmental impacts and reasonable alternatives which the lead agency determines were not adequately discussed in the DEIS. The lead agency shall issue an FEIS as specified by 197-11-460. (4) A supplemental EIS (SEIS) shall be prepared as

an addition to either a draftorfinal statementif: (a) Therearesubstantialchangesto a proposal so that the proposal is likely to have significant adverse environmental impacts; or (b) Thereis significant new information indicating, or on, a proposal's probable significant adverse environmental impacts. Preparationofa SEISshall be'carried outas statedin 197-11-620.

(5) Agencies may use federal EISs, as stated in Part Six.

WAC 197-11-406 EIS timing. The lead agency shallcommencepreparation oftheenvironmentalimpact
statement as close as possible to the time the agency is developing or is presented with a proposal, so that preparation can be completed in time for thefinal statement to be included in appropriate recommendations or reports on theproposal (197-11-055).The statementshall be prepared early enough so it can serve practically as

an important contribution to the decisionmaking process and will not be used to rationalize or justify decisions already made. EISs may be "phased" in appropriate situations (197-11-060(5».

WAC 197-11-408 Scoping. (1) The lead agency shall narrow the scope ofevery EIS to the probable significant adverse impacts and reasonable alternatives, including mitigation measures. For example, if there are only two or three significant impacts or alternatives, the EIS shall be focused on those. (2) To ensure that every EIS is concise and addresses the significant environmental issues, the lead agency shall: (a) Invite agency, affected tribes, andpubliccomment

on the DS**(197-11-360)~** Ifthe agency**r~quires** written comments, agencies, affected tribes and the public shall be allowed twenty-one days from the dateofiss!1ance of the DS in which tocomment,**unles~** expanded scoping is used. Thedateofissuance for a DS is thedate it is sent to the department of ecology and

### otli~~ agencies w'ith jurisdiction, andis publicly availaQle. (b) Identify reasonable alternatives and probable significant adverse environmental impacts. (c) Eliminate from detailed study those impacts that

are not significant. (d) Workwith otheragencies toidentifyandintegrate environmental studies required for other government ap­ 

# • (2) A draft EIS (DEIS) allows the lead agency to provals with theEIS, wherefeasible. consult with members ofthe public, affected tribes, and (3) Agencies, affected tribes, and the public should agencies with jurisdiction and with expertise. The lead comment promptly and as specifically as permitted by agency shall issue a DEIS and consider comments as thedetails available on theproposal. stated in Part Five.

lCh. 197-11 WAC-p9JPartFour-197-11-408 SEPARules

(4) Meetings or scoping documents, including notices matterwho participates in the preparation oftheEIS, it thatthe scope has been revised, may be used butare not required. The lead agency shall integrate the scoping process with its existing planning and decisionmaking process in order to avoid duplication anddelay. (5) Thelead agency shallrevise the scope ofanEISif substantial changes are made later in the proposal, or if significant new circumstances or information arise that bearon theproposal and its significantimpacts. (6) DEISs shall be prepared according to the scope decided upon by the lead agency in its,scoping process. (7) EIS preparation may begin during scoping. '

WAC 197-11-410 Expanded scoping. (Optional) (1) At its option, the lead agency may expand,the scoping process to include any or' all of the following, which may be applied on a proposal-by-proposalbasis: (a) Using questionnaires or information packets. (b) Using meetings or worksh9ps, which may be combined with any other early planning meetings of the agency. (c) Using a coordinatoror teamfrominsideoroutside the agency. (d) Developing cooperative consultation and exchange of information among agencies before the EIS is prepared, rather than awaiting submission ofcomments on

a completeddocument. (e) Coordinating and integrating other government reviews and approvals with the EIS process through memoranda or other methods. (f) Inviting participation ofagencies withjurisdiction

or expertise from various levels of government, such as regional or federal agencies. (g) Using other methods as the lead agency may find helpful. (2) Use of expanded scoping is intended to promote interagency cooperation, public participation, and innovative ways to streamline the SEPA process. Steps shall 'be taken, as the lead agency determines appropriate, to encourage and assist public participation. There'are no specified procedural requirements for the methods, techniques, ordocuments which may be used in anexpanded scoping process, to provide maximum flexibility to meet thesepurposes. (3) The lead agency shall consult with an applicant prior to deciding the method and schedule for an expanded scoping process. (4) Under expanded scoping, an applicant may request, in which case the lead agency shall set, a date by which the lead agency shall determine the scope ofthe EIS, including the need for any field investigations (to the extent permitted by the details available on the proposal). The date shall occur thirty days or less after the DS is issued, unless the lead agency and applicant agree upon a laterdate.

WAC 197-11-420 EIS preparation. For draft and final EISs and SEISs: (1) Preparation ofthe EIS is the responsibility ofthe lead agency, by or under the direction ofits responsible official, as specified by the lead agency's procedures. No



### leb. 197-11 WAC-p 101 is the EIS ofthe lead agency. The responsible official, prior to distributing an EIS, shall be satisfied that it 

# C

complies with these rules and the procedures ofthe lead agency. (2) The lead agency may have an EIS prepared by agency staff, an applicant or its agent, or by an outside consultant retained by either an applicant or the lead agency. The lead agency shall assure that the EIS is prepared in a professional manner and with appropriate interdisciplinary methodology. The responsible official shall direct the areas ofresearch and examination to be undertaken as a result ofthe scoping process, as well as the organization ofthe resulting document. (3) Ifa person otherthantheleadagencyis preparing theEIS, the lead agency shall: (a) Coordinate any scoping procedures so that the individual preparing the EISreceives all substantiveinformation submitted by any agency or person; (b) Assist in obtaining any information on file with another agency that is needed by the person preparing the EIS; (c) Allow any party preparing an EIS access to all public records ofthe lead agency that relate to the subject ofthe EIS, under chapter 42.17 RCW (Public Disclosure and Public Records Law). (4) Every agency shall specifically provide in its own proceduresthose situationsin which an applicantmay be required or authorized to help prepare an EIS. Agency procedures may not require more information ofan applicant than allowed by 197-11-100, but may authorize 

# C

less participation. An applicant mayvolunteer to provide any information or effort desired, as long as the EIS is supervised and approved by the responsible official. These rules do not prevent an agency from charging any fees which the agency is otherwise allowed to charge (197-11-914).

WAC 197-11-425 Style and size. (1) Environmental impact statements shall be readable reports, which allow the reader to understand the most significant and vital information concerning the proposed action, alternatives, and impacts, without turning to other documents, as provided below and in 197-11-402. ' (2) Environmental impact statements shall be concise and written in plain language. EISs shall not be excessively detailed or overly technical. EISs shall explain plainly the meaning oftechnical terms not generally understood by the general public. This may be done in a glossary or footnotes or by some othermeans. EISs may include anindex for ease in using the statement. (3) Most of the text of an environmental impact
statement shall discuss and compare the environmental impacts and their significance, rather than describe the proposal and the environmental setting. Detailed descriptions may be included in appendices or supporting documents. (4) The text of an EIS (197-11-430(3» normally ranges from thirty to fifty pages and may be shorter. 

# Ci

TheEIStext shall not exceed seventy-five pages; except for proposals ofunusual scope or complexity, where the

### SEPARules PartFour-197-11-440 

# • EIS shall not exceed one hundred fifty pages. Appendices and background material shall be bound separately from the EIS ifthey exceed twenty-five pages, exceptif the entire document does not exceed one hundred pages

or a FEIS is issued under 197-11-560(5). (5) Ifthe lead agency decides that additional descriptive material or supporting documentation may be helpful for readers, this background information may be placed in appendices or in separatedocuments, and shall be readily available to agencies and the public during thecommentperiod. (6) Agencies shall incorporate material into an environmental impact statementby reference to cut down on bulk, if an agency can do so without impeding agency and public review of the action (197-11-600 and 197­ 11-635).



### WAC 197-11-430 Format. (1) A cover letter or

memo from thelead agency shall precedethe EIS (197­ 11-435).A fact sheet (197-11-440(2» shall be the first section ofevery EIS. (2) The following format should be used unless the lead agency determines that a different format would improve clear presentation of alternatives and environmental analysis for a particularproposal (exceptthatthe fact sheet shall always be thefirst section ofan EIS): (a) Fact sheet. 

# • (b) Tableofcontents (mayincludethelistofelements ofthe environment). (c) Summary. (d) Alternatives, including theproposed action. (e) Affected environment, significant impacts, and mitigation measures (other than those included in the proposed action). (f) Distribution list (maybe included in appendix). (g) Appendices, ifany (including, for FEIS, comment letters and any separateresponses). (3) The EIS text is divided into two sections: (d) and (e) above. Agencies have wide latitude to organize and present material as they see fit within these two basic sections. Agencies are not required to discuss each subject in 197...,-11-440 (5) and (6) and 197-11-444 in a separate section oftheEIS. (4)Additionalformat considerations. (a) Where relevant to the alternatives and impacts of

a proposal, the analysis specified in 197-11-440 shall be included regardless of the format of a particular
statement. (b) The format ofa FEIS may differ, as specified by 197-11-560.

(c) Additional flexibility is provided in 197-11-442 and 197-11-443 for environmental impact statements related to nonproject proposals. (d) The elements of the environment for purposes of analyzing environmental impacts are stated in 197-11­ 444. 

### WAC 197-11-435 Cover letter or memo. (l) 

### A

cover letter or memo shall precede every EIS, but shall
not be considered partoftheEIS for adequacypurposes. (2) Thecover letteror memo: (a) Shall not exceed two pages; (b) Shall highlight the key environmental issues and options facing agency decisionmakers as known at the time ofissuance; (c) May include beneficial, as well as adverse environmental impacts and may mention other relevant considerations for decisionmakers; (d) Shall identify, for SEIS's, the EIS being supplemented.



### WAC 197-11-440 EIS contents. (1) An EIS shall contain the following, in the style and format prescribed in thepreceding sections. (2) Fact sheet. The fact sheet shall include the following information in this order: (a) A title and briefdescription (a few sentences) of the nature and location (by street address, ifapplicable) oftheproposal, including principal alternatives. (b) The name of the person or entity making the proposal(s) and the proposed or tentative date for implementation. (c) The name and address ofthe lead agency, the responsible official, and the person to contact for questions, comments, and information. (d) A list of all licenses which the proposal is known to require. The licenses shall be listed by name and
agency; the list shall be as complete and specific as possible.

. (e) Authors and principal contributorsto the EIS and the natureor subject area oftheircontributions. (f) Thedate ofissue oftheEIS. (g) Thedate comments aredue (for DEISs). (h) Thetimeandplaceofpublichearings or meetings, ifany and ifknown. (i) The date final action is planned or scheduled by the lead agency, if known. Agencies may indicate that the dateis subjecttochange. Thenatureortypeoffinal
agency action should be stated unless covered in subsection (a) above. 

### U) The type and timing of any subsequent environmental review to which the lead agency or other agencies have madecommitments, ifany. (k) The location of a prior EIS on the proposal, EIS technical reports, background data, adopted documents, and materials incorporated by reference for this EIS, if
any. (1) Thecost tothe public for a copy ofthe EIS. (3) Table ofcontents. (a) The table of contents should list, if possible, any documents which are appended, adopted, or serve as technical reports for this EIS (but need not list each
comment letter). 

# • (e) Additional guidance on the distinction between (b) The table ofcontents may include the list ofeleenvironmental and other considerations is given in 197­ ments of the environment (197-11-444), indicating 11-448 and 197-11-450. those elements or portions ofelements which do not in­

(f) EISs may be combined with other documents volve significantimpacts. (197-11-640).

[Ch. 197-11 WAC..,.-p 11]PartFour-197-11-440 SEPARules



### (4) Summary. The EIS shall summarize the contents of the statement and shall not merely be an expanded table of contents. The summary shall briefly state the proposal's objectives, specifying the purpose and need to which the proposal is responding, the major conclusions, significant areas ofcontroversy and uncertainty, if any, and the issues to be resolved, including the environmental choices to be made among alternative courses ofaction and the effectiveness of mitigation measures. The summary need not mention every subject discussed in the EIS, but shall include a summary of the proposal, impacts, alternatives, mitigation measures, and significant adverse impacts that cannot be mitigated. The summary shall state when the EIS is part of a phased review, ifknown, or the lead agency is relying on prior

or future environmental review (which should be generally identified). The lead agency shall make the summary sufficiently broad to be useful to the other agencies withjurisdiction. 

### (5) Alternativesincluding theproposedaction. (a) This section ofthe EIS describes and presents the proposal (or preferred alternative, ifone or more exists) and alternativecourses ofaction. (b) Reasonable alternatives shall include actions that could feasibly attain or approximate a proposal's objectives, but at a lower environmental cost or decreased level ofenvironmental degradation. (i) The word "reasonable" is intended to limit the number and range ofalternatives, as well as the amount ofdetailed analysis for each alternative. (ii) The "no-action" alternative shall be evaluated andcompared to other alternatives. (iii) Reasonable alternatives may be those over which

an agency withjurisdiction has authority to control impacts either directly, or indirectly through requirement ofmitigation measures. (c) This section ofthe EIS shall: (i) Describe the objective(s), proponent(s), and principal features of reasonable alternatives. Include the proposed action, including mitigation measures that are partofthe proposal. (ii) Describe the location ofthe alternatives including the proposed action, so that a lay person can understand it. Include a map, street address, if any, and legal description (unless long or in metes and bounds). (iii) Identify any phases ofthe proposal, their timing, and previous or future environmental analysis on this or related proposals, ifknown. (iv) Tailor the level of detail of descriptions to the significance of environmental impacts. The lead agency should retain any detailed engineering drawings and technical data, that have been submitted, in agency files and makethem available on request. (v) Devote sufficiently detailed analysis to each reasonablealternativetopermita comparativeevaluation of the alternatives including the proposed action. The
amountof space devoted to each alternative may vary. One·alternative (including the proposed action) may be used as a benchmark for comparing alternatives. The EIS may indicate the main reasons for eliminating alternatives from detailed study.



### lCh. 197-11 WAC-p 12) (vi) Present a comparison of the environmental impacts ofthe reasonable alternatives, and include the no action alternative. Although graphics may be helpful, a matrix or chart is not required. A range ofalternatives 

# c

or a few representative alternatives, rather than every possible reasonablevariation, maybe discussed. (vii) Discuss the benefits and disadvantages ofreserving for some future time the implementation ofthe proposal, as compared with possible approval at this time. The agency perspective should be that each generation is, in effect, a trustee ofthe environment for succeeding generations. Particular attention should be given to the· possibility offoreclosing future options by implementing theproposal. (d) When a proposal is for a private project on a specific site, the lead agency shall be required to evaluate only the no action alternative plus other reasonable alternatives for achieving the proposal's objective on the

same site. This subsection shall not apply when the proposal includes a rezone, unless therezone is for a use allowed in an existing comprehensive plan that was adopted after review under SEPA. Further, alternative sites may be evaluated ifother locations for the type of proposed use have not been included or considered in existing planning or zoning documents. 

### (6) Affected environment, significant impacts, and mitigation measures. (a) This section ofthe EIS shall describe the existing environment that will be affected by the proposal, analyze significant impacts of alternatives including the proposed action, and discuss reasonable mitigation measures that would significantly mitigate these impacts. 

# c

Elements of the environment that are not significantly affected need not be discussed. Separatesections are not required for each subject (see 197-11-430(3)). (b) General requirements for this section ofthe EIS. (i) This section shall be written in a nontechnical

manner which is easily understandable to lay persons whenever possible, with the discussion commensurate with the importanceoftheimpacts. Only significant impacts mustbediscussed; otherimpactsmaybe discussed. (ii) Although the lead agency should discuss the affected environment, environmental impacts, and other mitigation measures together for each element of the environment where there is a significant impact, the responsible official shall have the flexibility to organize this section in any manner useful to decisionmakers and the public (see 197-11-430(3)). (iii) This subsection is not intended to duplicate the analysis in subsection (5) and shall avoid doing so to the fullest extentpossible. (c) This section ofthe EIS shall: (i) Succinctly describe the principal features of the environment that would be affected, or created, by the alternatives including the proposal under consideration. Inventories of species should be avoided, although rare, threatened, or endangered species should be indicated. (ii) Describe and discuss significant impacts that will

narrow the range or degree ofbeneficial uses ofthe en­ 

# () vironment or pose long term risks to human health orSEPARules PartFour-197-11-443 

# • the environment, such as storage, handling, or disposal oftoxic or hazardous material. (iii) Clearly indicate those mitigation measures (not described in the previous section as part ofthe proposal

or alternatives), if any, that could be implemented or might be required, as well as those, ifany, that agencies

or applicants arecommitted to implement. (iv) Indicatewhat the intendedenvironmentalbenefits of mitigation measures are for significant impacts, and may discuss their technical feasibility and economic practicability, ifthere is concern about whether a mitigation measure is capable of being accomplished. The EIS need not analyze mitigation measures in detail unless they involve substantial changes to the proposal causing significant adverse impacts, or new information regarding significant impacts, and those measures will
not be subsequently analyzed under SEPA (see 197-11­ 660(2». An EIS may briefly mention nonsignificantimpacts or mitigation measures to satisfy other environmental review laws or requirements covered in the same document (197-11-402(8) and 197-11-640). (v) Summarize significant adverse impacts that can

.. not or will not be mitigated. (d) This section shall incorporate, when appropriate: (i) A summary of existing plans (for example: land

use and shoreline plans) and zoning regulations applicable to the proposal, and how the proposal is consistent and inconsistentwith them. 

# • (ii) Energy requirements and conservation potential.of various alternatives and mitigation measures, including

more efficient use ofenergy, such as insulating, as well

as the use ofalternate and renewable energy resources. (iii) Natural or depletable resource requirements and conservation potential of various alternatives and mitigation measures. (iv) Urban quality, historic and cultural resources, and the design of the built environment, including the

reuse and conservation potential ofvarious alternatives and mitigation measures. (e) Significant impacts on both the natural environment and the built environment must be analyzed, if relevant (197-11-444). This involves impacts upon and the quality of the physical surroundings, whether they

are in wild, rural, or urban areas. Discussion of significant impacts shall include the cost of and effects on public services, such as utilities, roads, fire, and police protection, that may result from a proposal. EISs shall also discuss significant environmental impacts upon land and shoreline use, which includes housing, physical blight, and significant impacts of projected population

on environmental resources, as specified by RCW 43­

.21C.II0 (1) (d) and (f), as listed in 197-11-444.

(7) Appendices. Comment letters and responses shall be circulated with the FEIS as specified by 197-11-560. Technical reports and supportingdocuments need not be circulated with an EIS (197-11-425(4) and 197-11­ the agency's decision, whetheror not environmental. The inclusion ofsuch analysis may be based upon comments received during the scoping process. The provision for combining documents may be used (197-11-640). The EIS shall comply with the format requirements of this Part. 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 ofSEPA.

WAC 197-11-442 Contents of EIS on nonproject proposals. (1) The lead agency shall have more flexibility in preparing EISs on nonproject proposals, because there is normally less detailed information available on their environmental impacts and on any subsequent project proposals. The EIS may be combined with other planning documents. (2) The lead agency shall discuss impacts and alter­

.nativesin the level ofdetail appropriate to the scope of

the nonproject proposal and to the level ofplanning for the proposal. Alternatives should be emphasized. In particular, agencies areencouraged to describe theproposal in terms ofalternative means ofaccomplishing a stated objective (see 197-11-060(3». Alternatives including the proposed action should be analyzed at a roughly comparable level of detail, sufficient to evaluate their comparative merits (this does not require devoting the

same numberofpages in an EIS to each alternative). (3) Ifthe nonproject proposal concerns a specific geographic area, site specific analyses are not required, but may be included for areas ofspecific concern. The EIS should identify subsequent actions that would be undertaken by other agencies as a result of the nonproject proposal, such as transportation and utility systems. (4) The EIS's discussion ofalternatives for a comprehensive plan, community plan, or other areawide zoning

or for shoreline or land use plans shall be limited to a general discussion of the impacts of alternate proposals for policies contained in such plans, for land use or shoreline designations, and for implementation measures. The lead agency is not required under SEPA to examine all conceivable policies, designations, or implementation measures but should cover a range of such topics. The EIS content may be limited to a discussion of alternatives which have been formally proposed or which are, while not formally proposed, reasonably related to the proposed action.

WAC 197-11-443 EIS contents when prior nonprojectEIS. (1) The provisions for phased review (197-11­ 060(5» and use of existing environmental documents, PartSix, apply to EISs on nonproject proposals

. (2) A nonproject proposal may be approved based on

an EIS assessing its broad impacts. When a project is then proposed that is consistent with the approved nonproject action, the EIS on such a project shall focus on 

# • 440(2)(k»,butshall be readily availableto agencies and the impacts and alternatives including mitigation meathe publicduring the comment period. sures specific to the subsequentproject and not analyzed (8) (Optional) The lead agency may include, in an in the nonproject EIS. The scope shall be limited acEIS or appendix, the analysis ofany impact relevant to cordingly. Procedures for use ofexisting documents shall be used as appropriate, see PartSix.

[Ch. 197-11 WAC-p 13]PartFour-197-11-443 SEPARules

(3) When preparing a project EIS under the preceding subsection, the lead agency shall review the nonprojectEISto ensurethattheanalysis is valid when applied
to thecurrentproposal, knowledge, and technology. Ifit is not valid, the analysis shall be reanalyzed in the project EIS.

WAC 197-11-444 Elements ofthe environment. (1) Naturalenvironment (a) Earth (i) Geology (ii) Soils (iii) Topography (iv) Unique physical features (v) Erosion/enlargementofland area (accretion) (b) Air (i) Air quality (ii) Odor (iii) Climate (c) Water (i) Surfacewater movement/quantity/quality (ii) Runoff/absorption (iii) Floods (iv) Ground water movement/quantity/quality (v) Public water supplies (d) Plants and animals (i) Habitat for and numbers or diversity ofspecies of plants, fish, or other wildlife (ii) Unique species (iii) Fish or wildlife migration routes (e) Energy and natural resources (i) Amount required/rateofuse/efficiency (ii) Source/availability (iii) Nonrenewable resources (iv) Conservation and renewable resources (v) Scenic resources (2) Built environment (a) Environmental health (i) Noise (ii) Risk ofexplosion (iii) Releases or potential releases to the environment affecting public health, such as toxic or hazardous materials (b) Land and shoreline use (i) Relationship to existing land use plans and to estimatedpopulation (ii) Housing (iii) Light and glare (iv) Aesthetics (v) Recreation (vi) Historic and cultural preservation (vii) Agricultural crops (c) Transportation (i) Transportation systems (ii) Vehicular traffic (iii) Waterborne, rail, and air traffic (iv) Parking (v) Movement/circulation·ofpeople or goods (vi) Traffichazards (d) Public services and utilities (i) Fire

lCh. 197-11 WAC-p 14] (ii) Police (iii) Schools (iv) Parksor otherrecreational facilities 

# C

(v) Maintenance (vi) Communications (vii) Water/stormwater (viii)Sewer/solid waste (ix) Othergovernmental services or utilities (3) TosimplifytheEISformat, reduce paperworkand duplication, improve readability, and focus on the significant issues, some or all of the elements ofthe environment in 197-11-444may be combined.

WAC 197-11-448 Relationship of EIS to other considerations. (1) SEPA contemplates that the general welfare, social, economic, and other requirements and essential considerations ofstatepolicy will be taken into
account in weighing and balancing alternatives and in making final decisions. However, the environmental impact statementis not required to evaluate and document all ofthepossibleeffects andconsiderationsofa decision

or to contain the balancing judgments that must ultimately be made by the decisionmakers. Rather, an environmental impact statement analyzes 

### environmental impacts and must be used by agency decisionmakers, along with other relevant considerations or documents, in making final decisions on a proposal. The EIS provides a basis upon which the responsible agency and officials can make the balancing judgment mandated by SEPA, because it provides information on the environmental costs and impacts. SEPA does not require that 

# C

an EISbe an agency's only decisionmaking document. (2) The term "socioeconomic" is not used in the statute or in these rules because the term does not have a uniform meaning and has caused a great deal ofuncertainty. Areas of urban environmental concern which
must be considered are specified in RCW 43.21C.110(1)(f), the environmental checklist (197-11­ 960) and 197-11-440and 197-11-444. (3) Examples ofinformation that are not required to be discussed in an EIS are: Methods of financing proposals, economic competition, profits and personal income and wages, and social policy analysis (such as fiscal andwelfarepolicies and nonconstruction aspectsof education and communications). EISs may include whether housing is low, middle, or high income. (4) Agencies have the option to combine EISs with other documents or to include additional analyses in EISs, that will assist in making decisions (197-11­ 440(8) and 197-11-640).Agencies may use the scoping process tohelp identify issues ofconcern to citizens.

WAC 197-11-450 Cost-benefit analysis. A costbenefit analysis (197-11-726) is not required by SEPA. Ifa cost-benefit analysis relevant to the choice among environmentally different alternatives is being considered by an agency for the proposal, it may be incorporated by reference or appended to the statement as an aid in evaluating the environmental consequences. For 

# 0

purposes ofcomplying with SEPA, the weighing ofthe merits and drawbacks of the various alternatives needSEPARules PartFour-197-11-502

not be displayed in a monetarycost-benefit analysis and (2) The responsible official shall send the FEIS, or a 

# • should not be when there are important qualitative considerations.

WAC 197-11-455 Issuance of DEIS. (1) A draft EIS shallbeissued by theresponsibleofficial and sentto thefollowing: (a)The departmentofecology (2 copies). (b) Each federal agency with jurisdiction over the proposal. (c) Each agency withjurisdiction over orenvironmentalexpertiseon theproposal. (d) Each cityjcounty in which adverse environmental impacts identified in the EIS may occur, ifthe proposal

were implemented. (e) Each local agency or political subdivision whose public services would be changed as a result of implementation ofthe proposal. (f) The applicable local, area-wide, or regional
agency, if any, that has been designated under federal law to conduct intergovernmental review and coordinate federal activities with stateor local planning. (g) Any person requesting a copy ofthe EIS from the lead agency (fee may be charged for DEIS, see 197-11­ 504). (h) Any affected tribe. 

# • (2) Thelead agency is encouraged to send a notice of availability or a copy ofthe DEIS to any person, organization or governmental agency that has expressed an interest in the proposal, is known by the lead agency to haveaninterest in the type ofproposal beingconsidered,

or receives governmental documents (for example, local and regional libraries). This is not meant to duplicate subsection (1)(g) ofthis section. (3) The lead agency should make additional copies available atits offices"to be reviewed orobtained. (4) Thedateofissue is thedate the DEIS is publicly available and sent to the department of ecology and other agencies withjurisdiction. (5) Noticethat a DEIS is available shall be given under 197-11-510. (6) Any person or agency shall have thirty days from the date ofissue in which to review and comment upon theDEIS. (7) Upon request, the lead agency may grant an extension of up to fifteen days to the comment period. Agencies and the public must request any extension before the end ofthecommentperiod. (8) The rules for notice, costs, commenting, and response to comments on EISs are stated in Part Five of these"rules.

WAC 197-11-460 Issuance of FEIS. (1) A final EIS (FEIS) shall be issued by the responsible official and sent to the department ofecology (2 copies), to all agencies with jurisdiction, to all agencies who comnotice that the FEIS is available, to anyone who commented on the DEIS and to those who received but did
not comment on the DEIS. Ifthe agency receives petitions from a specific group or organization, a notice or EIS maybe sent tothegroupand not toeach petitioner. Failure to notify any individual under this subsection shall not affect the legal validity of an agency's SEPA compliance. (3) The lead agency should make additional copies available in its offices for review. (4) Thedateofissueis thedatetheFEIS,ornoticeof availability, is sent to the persons and agencies specified in the preceding subsections and the FEIS is publicly available. Copies sent to the department ofecology shall satisfy the statutory requirement of availability to the
governor and to theecological commission. (5) Agencies shall not act on a proposal for which an EIS has been required prior to seven days after issuance ofthe FEIS. (6) The lead agency shall issue the FEIS within sixty days of the end of the comment period for the DEIS, unless the proposal is unusually large in scope, the environmental impact associated with the proposal is unusually complex, or extensive modifications are required to respond to public comments. (7) The form and content ofthe FEIS is specified in 197-11-560.



### PARTFIVE

- COMMENTING

WAC 197-11-500 Purpose of this Part. This Part provides rules for: (1) Notice and public availability of environmental documents, especially environmental impact statements; (2) Consultation and comment by agencies and members ofthepublic on environmental documents; (3) Public hearings and meetings; and (4) Lead agency response to comments and preparation of final environmental impact statements. Review, comment, and responsiveness to comments on a draft EIS are the focal point ofthe act's commenting process becausetheDEISis developed as a resultofscoping and

serves as thebasis for the final statement.

WAC 197-11-502 Inviting comment. (1) Agency efforts to involve other agencies and the public in the SEPA process should be commensurate with the type and scope ofthe environmental document. (2) Consulted agencies have a responsibility to respond in a timely and specific manner to requests for
comments (197-11-545, 197-11-550,and 197-11-724). 

### (3) Thresholddeterminations. (a) Agencies shall send DNSs to other agencies with 

# • mentedon theDEIS,and toanyonerequesting a copy of jurisdiction, ifany, as required by 197-11-340(2). the FEIS. (Fees may be charged for the FEIS, see 197­ (b) For DNSs issued under 197-11-340(2), agencies 11-504.) shall provide public notice under 197-11-510 and re­ ceive commentson theDNS for fifteen days. (4) 

### Scoping.

[Ch. 197-11 WAC-p IS)PartFive-197-11-502 SEPARules

(a) Agencies shall circulate the DS and invite comments on the scope of an. EIS, as required by 197-11­ 360, 197-11-408,and 197-11-510. (b) Agencies may use otherreasonable methods to inform agencies and the public, such as those indicated in 197-11-410.

(c) The lead agency determines the method for commenting (197-11-408 and 197-11-410). (5) DE/S. (a) Agencies shall invite comments on and circulate DEISs as required by 197-11-455. (b) The commenting period shall be thirtydays unless extended by the lead agency under 197-11-455. (c) Agencies shall comment and respond as stated in this Part. This meets the act's formal consultation and
comment requirement in RCW43.21C.030(2)(d). (6) Publichearingsandmeetings. (a) Public hearings or meetings may be held (197-11­ 535). Notice of such public hearings shall be given under 197-11-510 and may be combined with other agency notice. (b) In conjunction with the requirements of 197-11­ 510, notice ofpublic hearings shall be published no later than ten days before the hearing. For nonproject proposals, notice ofthe public hearing shall be published in

a newspaper of general circulation in the general area where the lead agency·has its principal offices. For nonproject proposals having a regional or state-wide applicability, copies ofthe notice shall be given to the Olympia bureaus of the associated press and united press international. (7) FE/S. Agencies shall circulate FEISs as required by 197-11-460. (8) Supplements. (a) Noticefor andcirculationofdraftand final SEISs shall be done in the same manner as other draft and final EISs. (b) When a DNS is issued after a DS has been withdrawn (197-11-360(4)), agencies shall give noticeunder 197-11-510and receive comments for fifteen days.

(c) An addendum need not be circulated unless required under 197-11-625. (9) Appeals. Noticeprovisions for appeals arein 197­ 11-680.

(10) Agencies may circulate any other envit;onmental documents for the purpose of providing "information or seeking comment, as an agency deems appropriate. (11) In addition to any required notice or circulation, agencies may use any other reasonable methods, to inform agencies and the public that environmental documents areavailable orthathearings will occur. (12) Agencies may combine SEPA notices with other agency notices. However, theSEPAinformation mustbe identifiable.

WAC 197-11-504 Availability and cost of environmental documents. (1) SEPA documents required by these rules shall be retained by the lead agency and (2) The lead agency shall make copies of any environmental document available in accordance with chapter 42.17 RCW, charging only those costs allowed plus mailing costs. However, no charge shall be levied for 

# o

circulation of documents to other agencies as required by these rules. Agencies are encouraged;ifrequested, to waive the charge for an environmental document (not including the SEPA REGISTER) provided to a public interest organization.

WAC 197-11-508 SEPA REGISTER. (1) The department of**ecol~gy** shall publish and mail each week a SEPA REGISTER, giving notice of all environmental documents required to be sent to the department of ecology under these rules, specifically: (a) DNSsunder 197-11-340(2); (b) DSs (scoping notices)under 197-11-408; (c) EISs under 197-11-455, 197-11-460, 197-11­ 620, and 197-11-630; and (d) Notices of Action under RCW 43.21C.080 and 43.21C.087. (2) All agencies shall submit the environmental documents listed in subsection (1) to the department promptly and in·accordance with procedures established by thedepartment. (3) Agencies areencouragedto subscribetotheSEPA REGISTER. (4) Thedepartment: (a) May establish a reasonable format for publishing the required notices in theSEPA REGISTER; (b) Maychargea reasonable fee for the SEPAREGISTER as allowed by law, in at least the amount al­ 

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lowed by chapter 42.17 RCW, from agencies, members ofthepublic, and interested organizations. (5) Members of the public, citizen and community groups, and educational institutions are encouraged to subscribe and refer to the SEPAREGISTER for notice ofSEPAactions which may affect them.

WAC 197-11-510 Public notice. (1) When these rules require notice to be given under this section, the lead agency must use reasonable methods to inform the public and other agencies that an environmental document is being prepared or is available and that public hearing(s), ifany, will be held. The agency may use its existing notice procedures. Examples ofreasonable methods to inform the public

are: (a) Posting theproperty,for site-specificproposals; (b) Publishing notice in a newspaper of**g~neral** circulation in the county, city, or general area where the proposal is located; (c) Notifying public or private groups with known interest in a certain proposal or in the type of proposal being considered; (d) Notifyingthenews media; (e) Placing notices in appropriate regional, neighborhood, ethnic, ortradejournals; and/or made availablein accordancewith chapter42.17 RCW. (f) Publishing notice in agency newsletters and/or sending notice to agency mailing lists (either general 

# o

lists orlists for specificproposals or subject areas).

[Ch. 197-11 WAC-p 16)SEPARules PartFive-197-11-560 

# • (2) Each agency shall specify its method ofpublic notice in its SEPA procedures, 197-11-904 and 197-11­ 906. Ifan agency does not specify its method of public notice or does not adopt SEPA procedures, the agency shall use methods (a) and (b) in subsection (1). (3) Documents which are required to be sent to the department of ecology under these rules will be published in the SEPA REGISTER, which will also constitute a form ofpublic notice. However, publication in the SEPA REGISTER shall not, in itself, meetcompliance with this section.

WAC 197-11-535 Publichearingsand meetings. (1) Ifa public hearing on the proposal is held under some other requirement oflaw, such hearing shall be open to consideration of the environmental impact of the proposal, together with any environmental document thatis available. This does not require extension of the comment periods for environmentaldocuments. (2) In all other cases a public hearing on the environmental impact ofa proposal shall be held whenever one

or more ofthefollowing situations occur: (a) The lead agency determines, in its sole discretion, that a public hearing would assist it in meeting its responsibility to implement the purposes and policies of SEPA and these rules; or 

# • (b) When fifty or more persons residing within the jurisdiction of the lead agency, or who would be adversely affected by the environmental impact ofthe proposal, make written request to the lead agency within thirtydays ofissuanceofthedraft EIS; or (c) When two or more agencies withjurisdiction over

a proposal make written request to the lead agency within thirtydays ofthe issuance ofthedraftEIS. (3) Whenever a public hearing is held under subsection (2) ofthis section, it shall occur no earlier than fifteendays from thedatethedraftEIS is issued, norlater than fifty days from its issuance. Notice shall be given under 197-11-502(6) and 197-11-510 and may be combined with other agency notice. (4) Ifa public hearing is required under this chapter, it shall be open to discussion ofall environmental documents and any written comments that have been received by thelead agency priorto thehearing. A copyof the environmental document shall be available at the publichearing. (5) Comments atpublic hearings should be as specific

as possible (see 197-11-550). (6) Agencies and their designees may hold informal public meetings or workshops. Such gatherings may be

more flexible thanpublic hearings and arenot subjectto the above notice and similar requirements for public hearings.

WAC 197-11-545 Effect of no comment. (1) 

### Consultedagencies. Ifa consulted agency does not respond expertise. Any consulted agency that fails to submit substantiveinformationtothe lead agencyin responseto

a draft EIS is thereafter barred from alleging any defects in the lead agency's compliance with Part Four of these rules. 

### (2) Other agencies and thepublic. Lack of comment by other agencies or members of the public on environmental documents, within the time periods specified by these rules, shall be construed as lack ofobjection to the environmental analysis, if the requirements of 197-11­ 510 aremet.

WAC 197-11-550 Specificity of comments. (1) Comments on an EIS, DNS, scoping notice or proposal shall be as specific as possible and may address either the adequacy of the environmental document or the merits ofthe alternatives discussed or both. (2) Commenters shall briefly describe the nature of
any documents referenced in their comments, indicating the material's relevance, and should indicate where the materialcanbe reviewed orobtained. 

### (3) Methodology. When an agency criticizes a lead agency's predictive methodology, the commenting agency should describe, when possible, the alternative methodology which it prefers andwhy. 

### (4) Additional information. A consulted agency shall specify in its comments whether it needs additional information to fulfill other applicable environmental reviews orconsultation requirements andwhatinformation it needs, to the extent permitted by the details available

on theproposal. 

### (5) Mitigation measures. When an agency withjurisdiction objects toorexpresses concerns abouta proposal, it shall specify the mitigation measures, ifany arepossible, itconsiders necessary to allow an agencyto grantor approve applicablelicenses. 

### (6) Comments byother agencies. Commenting agencies that arenotconsulted agencies shall specify any additional information or mitigation measures the commenting agency believes are necessary or desirable
to satisfyits concerns. 

### (7) Citizen comments. Recognizing their generally

more limited resources, members of the public shall make their comments as specific as possible and are encouraged tocommenton methodologyneeded, additional information, and mitigation measures in the manner in.,. dicated in this section. (8) An agency shall consider and may respond to comments as**th~** agency**de~ms** appropriate; the requirements for responding in a FEIS shall be met (197-11­ 560).

WAC 197-11-560 FEIS response to comments. (1) Thelead agency shall prepare a final environmental impact statementwhenever a DEIShas been prepared, unless the proposal is withdrawn or indefinitely postponed. 

# • with written comments within the time periods for com­ The lead agency shall consider comments on the promenting on environmental documents, the lead agency posal and shall respond by one or more of the means may assume that the consulted agency has no informa­ listed below, including its response in the final statetion relatingto the potential impact oftheproposal as it ment. Possible responses areto: relates to the consulted agency's jurisdiction or special (a) Modify alternatives including theproposed action.

[Cb. 197-11WAC-p 17)PartFive-197-11-560 SEPARules

(b) Develop and evaluate alternatives not previously given detailed consideration by the agency. (c) Supplement, improve, or modify the analysis. (d) Make factual corrections. (e) Explain why thecomments do not warrant further agency response, citing the sources, authorities, or reasons that support the agency's response and, ifappropriate, indicate those circumstances that would trigger agency reappraisal orfurther response. (2) All substantive comments received on the draft
statement shall be appended to the final statement or summarized, where comments are repetitive or voluminous, and the summary appended. Ifa summary ofthe
comments is used, the names ofthecommenters shall be included (except for petitions). (3) In carrying out subsection (1), thelead agency mayrespond to each comment individually, respond to a group ofcomments, cross-reference comments and corresponding changes in the EIS, or use other reasonable

means to indicate an appropriate response to comments. (4) Ifthe lead agency does not receive any comments critical of the.scope or content of the DEIS, the lead agency may so state in an updated fact sheet (197-11­ 440(2)), which shall be circulated under 197-11-460. The FEIS shall consist of the DEIS and updated fact sheet. (5) Ifchanges in response to comments areminor and

are largely confined to the responses described in subsections (l)(d) and (e)·of this section, agencies may prepare and attach an addendum, which shall consist of the comments, the responses, the changes, and an updated fact sheet. The FEIS, consisting ofthe DEIS and theaddendum, shall be issued under 197-11-460,except that only the addendum need be sent to anyone who received the DEIS. (6) An FEIS shall be issued and circulated under 197-11-460.

WAC 197-11-570 Consulted agency costs to assist lead agency. A consulted agency shall not charge the lead agency for any costs incurred in complying with 197-11-550, including providing relevant data to the lead agency and copying documents for the lead agency. This section shall not prohibit a consulted agency from charging those costs allowed by chapter 42.17 RCW for copying any environmental document requested by an agency otherthanthelead agency orby an individual or private organization. This section does not prohibit agencies from making interagency agreementson costor personnel sharing to provide environmental information
to each other.



### PARTSIX

- USINGEXISTING ENVIRONMENTALDOCUMENTS be used unchanged and describes when existing documents may be used to meet all or part of an agency's responsibilities under SEPA. (2) An agency mayuse environmentaldocuments that 

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have previously been prepared in order to evaluate proposed actions, alternatives, or environmental impacts. The proposals may be the same as, or different than, those analyzed in the existingdocuments. (3) Other agencies acting on the same proposal shall

use an environmental document unchanged, except in the following cases: (a) For DNSs, an agency withjurisdiction is dissatisfied with the DNS, in which case it may assume lead agency status (197-11-340(2)(e) and 197-11-948). (b) For DNSsand EISs, preparation ofa new threshold determination or supplemental EIS is required if there are: (i) Substantial changes to a proposal so that the proposa] is likely to have significant adverse environmental impacts (or lack ofsignificant adverse impacts, ifa DS is being withdrawn); or (ii) New information indicating a proposal's probable significant adverse environmental impacts. (This includes discovery ofmisrepresentation or lack ofmaterial disclosure.) A new threshold determination or SEIS is
not required ifprobable significant adverse environmental impacts are covered by the range ofalternatives and impacts analyzed in the existing environmental documents. (c) For EISs, the agency concludes that its written
commentson the DEISwarrantadditional discussion for 

# o

purposes ofits action than that found in the lead agency's FEIS (in which case the agency may prepare a supplemental EIS atits own expense). (4) Existing documents may be used for a proposal by employing one or more ofthe following methods: (a) "Adoption", where an agency may use all or part of an existing environmental document to meet its responsibilities under SEPA. Agencies acting on the same proposal for which an environmental document was prepared arenot required to adopt the document; or (b) "Incorporation by reference", where an agency preparing an environmental document includes all or part ofan existing document by reference. (c) An addendum, that adds analyses or information about a proposal but does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. (d) Preparationofa SEIS ifthere are: (i) Substantialchanges so thattheproposal is likely to have significant adverse environmental impacts; or (ii) New information indicating a proposal's probable significant adverseenvironmental impacts. (e) Ifa proposalis substantiallysimilartoonecovered in an existing EIS, that EIS may be adopted; additional information may be provided in an addendum or SEIS (see (c) and (d) ofthis subsection). WAC 197-11-600 When to use existing environmental documents. (1) This section contains criteria for WAC 197-11-610 UseofNEPAdocuments. (1) An 

# o determining whether an environmental document must agency may adopt any environmental analysis prepared

[Ch. 197-11 WAC-p 18]

### SEPARules PartSix-197-11-630 

# • under the National Environmental Policy Act (NEPA) by following 197-11-600 and 197-11-630. (2) A NEPA environmental assessment may be adopted to satisfy requirements for a determination of nonsignificance or EIS, if the requirements of 197-11­ 600 and 197-11-630are met. (3) An agency may adopt a NEPA EIS as a substitute for preparing a SEPA EISif: (a) Therequirements of 197-11-600 and 197-11-630

are met (in which case the procedures in Parts Three through Five of these rules for preparing an EIS shall
not apply); and (b) The federal EIS is not found inadequate: (i) By a court; (ii) by the Council on Environmental Quality (CEQ) (or is at issue in a predecision referral to CEQ) under the NEPA regulations; or (iii) by the administrator of the United States Environmental Protection Agency under section 309 of the Clean Air Act, 42 U.S.C 1857. (4) Subsequent use by another agency of a federal EIS, adopted under subsection (3) ofthis section, for the

same (or substantially the same) proposal does not require adoption, unless the criteria in 197-11-600(3) are met.


# • (5) Ifthe lead agency has not held a public hearing within its jurisdiction to obtain comments on the adequacy ofadopting a federal environmental document as

a substitute for preparing a SEPA EIS, a public hearing for such comments shall be held if, within thirty days of circulating its statementofadoption, a written request is received from atleast fifty persons who reside within the agency'sjurisdiction or are adversely affected by theenvironmental impact of the proposal. The agency shall reconsider its adoption ofthe federal document in light ofpublichearing comments.



### WAC 197-11-620 Supplemental environmental impact statement--Procedures. (1) An SEIS shall be prepared in the same way as a draft and final EIS·(197­ 11-400to 197-11-600), except that scoping is optional. The SEIS should not include analysis of actions, alternatives, or impacts that is in the previously prepared EIS. (2) The fact sheet and cover letter or memo for the SEIS shall indicate the EIS that is being supplemented. (3) Unless the SEPA lead agency wants to prepare the SEIS, an agency with jurisdiction which needs the SEIS for its action shall be responsible for SEIS preparation.



### WAC 197-11-625 Addenda--Procedures. (1) An addendum shall clearlyidentifytheproposal for which it is written and the environmental document it adds to or modifies. (2) An agency is not required to prepare a draft addendum. (5) Agencies are encouraged to circulate addenda to interested persons. Unless otherwise provided in these rules, however, agencies are not required to circulate an addendum.



### WAC 197-11-630 Adoption--Procedures. (1) The agency adopting an existing environmental document
must independently review the content ofthe document and determine that it meets the adopting agency's environmental review standards and needs for the proposal. However a document is not required to meet the adopting agency's own procedures for the preparation ofenvironmental documents (such as circulation, commenting, and hearingrequirements) to be adopted. (2) An agency shall adopt anenvironmentaldocument by identifying the document and stating why it is being adopted, using the adoption form substantially as in 197-11-965. The adopting agency shall ensure that the adopted document is readily available to agencies and the public by: (a) Sending a copy to agencies with jurisdiction that have not received the document, as shown by the distribution list for the adopted document; and (b) Placing copies in libraries and other publicoffices,

orby distributing copies tothose who request one. (3) When an existing EIS is adopted and: (a) A supplemental environmental impact statement

or addendumis npt being prepared, theagency shall circulate its statementofadoption as follows: (i) Theagency shall send copies oftheadoptionnotice
to the department ofecology, to agencies with jurisdiction, to cities/counties in which the proposal will be implemented, and to local agencies or political subdivisions whose public services would be changed as a result of implementation ofthe'proposal. (ii) The agency is encouraged to send the adoption notice to persons ororganizationsthat haveexpressed an interest in the proposal or are known by the agency to have an interestinthetypeofproposal being considered,

or the lead agency should announce the adoption in agency newsletters or through othermeans. (iii) No action shall be taken on the proposal until

seven days after the statement of adoption has been issued. 'The date of issuance shall be the date the statement of·adoption has been sent to the department of ecology and other agencies and is publicly available. (b) A SEIS is being prepared, the agency shall include the statement ofadoption in theSEIS;or (c) An addendum is being prepared, the agency shall include the statement of adoption with the addendum and circulateboth as in subsection (3)(a) ofthis section: (4) A copy ofthe adopted document must accompany the current proposal to thedecisionmaker; the statement ofadoption may be included. (5) Ifknown, the adopting agency shall disclose in its addption noticewhen the adopted document or proposal 

# • (3) An,addendum for a DEIS shall be circulated to it addresses is the subject of a pending appeal or has recipients ofthe initial DEISunder 197-J1-455. been found inadequateon appeal. (4) Ifan addendumto a final EIS is prepared priorto any agency decision on a proposal, the addendum shall be circulatedto therecipients ofthefinal EIS.

[eb. 197-11 WAC-p 19]PartSix-197-11-635 SEPARules

WAC 197-11-635 Incorporation by reference-­ Procedures.·(1) Agencies should use existing studies and incorporate material by reference whenever appropriate. (2) Material incorporated by reference (a) shall be cited, its location identified, and its relevant content briefly described; and (b) shall be made available for public review during applicablecomment periods.

WAC 197-11-640 Combining documents. The SEPAprocess shall be combined with the existing planning, review, and project approval processes being used by each agency with jurisdiction. When environmental documents are required, they shall accompany a proposal through the existing agency review processes. Any environmental document in compliance with SEPA may becombined with any other agency documents to reduce duplication and paperwork and improve decisionmaking. Thepage limits in these.rules shall be met, or the combined document shall contain, at or near the beginning ofthe document, a separate summary ofenvironmental considerations, as specified by 197-11-440(4). SEPA page limits need not be met forjoint state-federal EISs prepared under both SEPA and NEPA, in which case the NEPA page restrictions (40 CFR 1502.7) shall apply.



### PARTSEVEN

- SEPAANDAGENCY DECISIONS

WAC 197-11-650 Purpose of this Part. The purpose ofthis Partis to: (1) Ensure the use of concise, high quality environmental documents and information in making decisions. (2) Integrate the SEPA process with other laws and decisions. (3) Encourage actions that preserve and enhance environmental quality, consistent with other essential considerationsofstatepolicy. (4) Provide basic, uniform principles for the exercise ofsubstantive authority and appeals under SEPA.

WAC 197-11-655 Implementation. (1) See RCW 43.21C.020, 43.21C.030(1), 43.21C.060, 43.21C.075, and 43.21C.080. (2) Relevant environmental documents, comments, and responses shall accompany proposals through existing agency review processes, as determined by agency practiceand procedure, so thatagencyofficials use them in making decisions. (3) When a· decisionmaker considers a final decision

on a proposal: (a) The alternatives in the relevant environmental documents shall be considered. (b) The range ofalternative courses ofaction considered by decisionmakers shall be within the range of alternatives discussed in the relevant environmental documents. However, mitigation measures adopted need
not be identical to those discussed in the environmental (c) If information about alternatives is contained in another decision document-which accompanies the relevant environmental documents to the decisionmaker, agencies are encouraged to make thatinformation avail­ 

# o

able to thepublic beforethe decision is made.

WAC 197-11-660 Substantive authority and mitigation. (1) Any governmental action on public or private proposals thatarenot exemptmay be conditioned ordenied under SEPA to mitigate the environmental impact subject to the following limitations: (a) Mitigation measures or denials shall be based on policies, plans, rules, or regulations formally designated by the agency (or appropriate legislative body, in the

case oflocal government) as a basis for the exercise of substantive authority and in effect when the DNS or DEISis issued. (b) Mitigation measures shall be related to specific, adverse environmental impacts clearly identified in an environmental document on the proposal and shall be stated in writing by the decisionmaker. The decisionmaker shall cite the agency SEPA policy that is the basis of any condition or denial under this chapter (for proposals ofapplicants). After its decision, each agency shall makeavailableto thepublic a documentthatstates the decision. The document shall state the mitigation
measures, ifany, thatwill be implemented as partofthe decision, including any monitoring ofenvironmental impacts. Sucha documentmaybe thelicense itself, or may be combined with other agency documents,or may reference relevant portions ofenvironmental documents. (c) Mitigation measures shall be reasonable and ca­ 

# o

pable ofbeing accomplished. (d) Responsibility for implementing mitigation measures may be imposed upon an applicant only to the extent attributable to the identified adverse impacts ofits proposal. Voluntary additional mitigation mayoccur; (e) Before requiring mitigation measures, agencies shall consider whether local, state, or federal requirements and enforcement would mitigate an identified significant impact. (f) To deny a proposal under SEPA, an agency must find that: (i) Theproposal would be likely toresultin significant adverse environmental impacts identified in a final or supplemental environmental impact statement prepared under this chapter; and (ii) Reasonablemitigation measures areinsufficientto mitigate theidentified impact. (2) Decisionmakers should judge whether possible mitigation measures are likely to protect or enhance environmental quality. EISs should briefly indicate the intended environmental benefits of mitigation measures for significant impacts (197-11-440(6)). EISs are not required to analyze in detail the environmental impacts ofmitigation measures, unless the mitigation measures: (a) Represent substantial changes in the proposal so that theproposal is likely to have significant adverse environmental impacts, or involve significant new information indicating, or on, a proposal's probable significant 

# o

document. adverse environmental impacts; and

[Ch. 197-11 WAC-p20]SEPARules PartSeven-197-11-680 

# • (b) Will not be analyzed in a subsequent environmental document prior to their implementation

. (3) Agencies shall prepare a document that contains agency SEPA policies (197-11-902), so that applicants and members ofthepublic know what these policies are. Thisdocument shallinclude, orreferenceby citation,the regulations, plans, or codes formally designated under this section and RCW 43.21C.060 as possible bases for conditioning or denying proposals. Ifonly a portion ofa regulation, plan, or code is designated, the document shall identify that portion. This document (and any documents referenced in it) shall be readily available to the public and shall be available to applicants prior to preparing a draft EIS.

WAC 197-11-680 Appeals. (1) Introduction. Appeals provisions in SEPA are found in RCW 43.21C­ .060, 43.21C.075 and 43.21C.080. These rules attempt to construe and interpret the statutoryprovisions. In the
event a courtdetermines thatthese rules areinconsistent with statutory provisions, or with the framework and policy ofSEPA, the statutewill control. Persons considering either administrative orjudicial appeal ofany decision which involves SEPAatall areadvised to read the statutory sections cited above. 

# • (2) Appealto locallegislative body. RCW43.21C.060 allows an appeal to a local legislative body ofany decision by a local nonelected official conditioning or denying a proposal under authority ofSEPA. Agencies may establish procedures for such an appeal, or may eliminate such appeals altogether, by rule, ordinance or resolution. (3) Agencyadministrativeappealprocedures. (a) Agencies mayprovidefor an administrativeappeal of determinations relating to SEPA in their agency SEPA procedures. If so, the procedures must comply with thefollowing: (i) The agency must specify by rule, ordinance, or resolution thatthe appeals procedure is available. (ii) Appeal of the intermediate steps under SEPA (e.g., lead agency determination, scoping, draft EIS adequacy) shall not be allowed. (iii) Appeals on SEPA procedures shall be limited to review ofa final threshold determination and final EIS. The appeal ofa final threshold determination mayoccur prior to an agency's final decision on a proposed action. (iv) An agency shall provide for only one administrative appeal of a threshold determination or of the adequacy of an EIS; successive administrative appeals on these issues within the same agency are not allowed. This limitation does not apply to appeals to a local legislative body under RCW 43.21C.060 (or another state statute) or to administrative appeals before another agency. (v) Ifthe agency has made a decision on a proposed 

# • action, the appeal shall consolidate any allowed appeals of procedural and substantive determinations under SEPA. For example, an appeal of the adequacy of an EIS mustbe consolidated with an appeal oftheagency's decision on the proposed action, if both appeals are allowed in agency procedures. (vi) Agencies shall provide that procedural determinations made by the responsible official shall be entitled
to substantial weight. (b) Agencies providing for administrative appeals shall provide for a record as required by RCW 43.21C.075(3)(c). (c) If an agency provides an administrative appeal procedure, that procedure must be used before anyone may initiate judicial review of any SEPA issue that could have been reviewed under the agency procedures. (4) Judicial appeals. (a) SEPA authorizes judicial appeals of both procedural and substantivecompliancewith SEPA. (b) When SEPA applies to a decision, any judicial appeal ofthatdecision potentiallyinvolves both those issues pertaining to SEPA (SEPAissues) andthose which do not (non-SEPAissues). RCW43.21C.075 establishes time limits for raising SEPA issues, but says that existing statutes of limitations control the appeal of nonSEPA issues. The statute contemplates a single lawsuit, but allows for theSEPAand non-SEPAportions ofthat lawsuit to be filed atdifferent times. (c) Ifthere is a time limit established by statute or ordinance for appealing the underlying governmental action, then appeals (or portions thereof) raising SEPA issues mustbe filed within thirty days after the agency gives official notice (see subsection (5) ofthis section for
content ofofficial notice). (d) In any instance where subsection (c) ofthis subsection allows the SEPAportion ofan appeal to be filed after the time limit established by statute or ordinance for appealing the underlying governmental action, some judicial action must be filed within the time set by statute or ordinance. That action may be later amended to raise SEPA issues within thirty days after the agency gives official notice (see subsection (5) of this section). In addition, where SEPA issues were first raised during

an administrative appeal, any person desiring to raise SEPA issues byjudicial appeal must submit a notice of intent to do so with the responsible official ofthe acting agency within the time limit set by statute or ordinance for appealing theunderlying governmental action. (e) The notice ofaction procedures ofRCW 43.21C­ .080 may still be used. Ifthis procedureis used, then the time limits for judicial appeal specified in RCW 43­ .21C.080 shall apply, unless there is a time limit established by statute or ordinance for appealing the underlying governmental action. Ifso, the time limit for appeal of SEPA issues shall be within thirty days after theagencygives official notice (see subsection (5) ofthis section). Ifthe proposal requires more than one governmental decision that will be supported by the same SEPA documents, then RCW 43.21C.080 still only allows onejudicial appeal of procedural compliance with SEPA, which must be commenced within the applicable time to appeal thefirst governmental decision. (f) If the time limit established by statute or ordinance for appealing the underlying governmental action is less than fifteen days, then the·notice of action in RCW 43.21C.080(l) may be given by publishing once

[Cb. 197-11 WAC-p21]PartSeven-197-11-680 SEPARules

within that shorter time period, in a newspaper of generalcirculation in thearea wherethepropertythatis the subject of the action is located, and meeting the other requirements ofRCW 43.21C.080. (g) Ifthere is no time limit established by statute or ordinance for appeal, and the notice ofaction provisions

arenot used, thenSEPA provides no time limit forjudicial appeals. Appeal times may still be limited, however, by general statutesoflimitation orthecommon law. (h) For the purposes ofthis subsection, "a time limit
established by statute or ordinance" does not include time limits established by the general statutes oflimitation in chapter'4.16 RCW. (i)This subsection does not apply to petitions for judicialreview ofagency decisions in contested cases, orto petitions for a declaratoryjudgment on the validity ofa rule, both ofwhich are governed exclusively by the Administrative ProcedureAct, chapter 34.04 RCW. (5) Official notice ofthe date and place for commencingan appeal. (a) Official notice of the date and place for commencing an appeal must be given ifthere is a time limit established by statute or ordinance for commencing an appeal of the underlying governmental action. The notice shall include: (i) The time limit for commencing appeal ofthe underlying governmental action and the statute or ordinanceestablishing the timelimit; and (ii) The time for appealing SEPA issues (thirty days after notice); and (iii) A statement that a notice ofintent is required, if

a notice is required under subsection (4)(d) ofthis section, and instructionson whereto send thenotice andby whatdate;'and (iv) Where an appeal may be filed. (b) Notice is given by: (i) Delivery ofwritten notice to the applicant, all parties to any administrative appeal, and all persons who have requested notice of decisions with respect to the particularproposal in question; and (ii) Following the agency's normal methods ofnotice for thetype ofgovernmental action taken. (c) Writtennoticecontainingtheinformation required by subsection (5)(a) ofthis section may be appended to the permit, decision documents, or SEPA compliance documents ormay beprinted separately. (d) Official notices required by this subparagraph shall not be given prior to final agency action.



### PARTEIGHT

- DEFINITIONS

WAC 197-11-700 Definitions. (1) The terms used in these rules shall be uniform throughout the state as applied to SEPA (197-11-040). Agencies may add to certain of these definitions in their procedures, to help (a) Use of the singular shall include the plural and conversely. (b) "Preparation" ofenvironmental documents refers 

# C

to preparing or supervising the preparation of documents, including issuing, filing, printing, circulating, and related requirements. (c) "Impact" refers to environmental impact. (d) "Permit" means "license" (197-11-760). (e) "Commenting" includes but is not synonymous with "consultation" (Part Five). (f) "Environmental cost" refers to adverse environmental impact and mayormay notbe quantified. (g) "EIS" refers to draft, final, and supplemental EISs (197-11-405 and 197-11-738). (h) "Under" includes pursuant to, subject to, required by, established by, in accordance with, and similar expressions oflegislative or administrative authorization or direction. (3) In these rules: (a) "Shall" is mandatory. (b) "May" is optional and permissive and does not impose a requirement. (c) "Include" means "include butnot limited to." (4) Thefollowing terms are synonymous: (a) Effect and impact (197-11-752). (b) Environment and environmental quality (197-11­ 740). (c) Major and significant (197-11-764 and 197-11­ 794). (d) Proposal andproposed action (197-11-784).**C·~~~.** (e) Probableand likely (197-11-782). /'

WAC 197-11-702 Act. "Act" means the State Environmental Policy Act of 1971, chapter 43.21C RCW,

as amended, which is also referred to as "SEPA".

WAC 197-11-704 Action. (1) "Actions" include, as further specifiedbelow: (a) New and continuing activities (including projects and programs) entirely orpartly financed, assisted, conducted, regulated, licensed, or approved by agencies; (b) New or revised agency rules, regulations, plans, policies, orprocedures; and (c) Legislativeproposals. (2) Actions fall within one oftwo categories: (a) Project actions. A project action involves a decision on a specific project, such as a construction or management activity located in a defined geographic

area. Projects include and are limited to agency decisions to: (i) License, fund, or undertake any activity that will directly 'modify the environment, whether the activity will be conducted by the agency, an applicant, or under
contract. (ii) Purchase, sell, lease, transfer, orexchangenatural
resources, including publicly owned land, whether or not the environment is directly modified. explain how they carry out SEPA, but shall not change these definitions (197-11-906). (b) Nonproject actions. Nonproject actions decisions on policies, plans, or

### progr~ms. involve 

# 0

(2) Unless thecontextclearly requires otherwise:



### lCh. 197-11 WAC-p22J

### SEPARules PartEight-197-11-722

(i) The adoption or amendment of legislation, ordi­ 197-11-920; the list may be expanded in agency procenances, rules, or regulations that contain standards con

# e: trolling use or modification ofthe environment; (ii) The adoption or amendment of comprehensive land use plans or zoning ordinances; (iii) Theadoption ofany policy, plan, or programthat will govern the development ofa series ofconnected actions (197-11-060), but not including any policy, plan,

or program for which approval must be obtained from any federal agency prior to implementation; (iv) Creation ofa district or annexations to any city,
town or district; (v) Capital budgets; and (vi) Road, street, and highway plans. (3) "Actions" do not includetheactivities listed above when an agency is not involved. Actions do not include bringing judicial or administrative civil or criminal enforcement actions (certain categorical exemptions in PartNine identifyin more detail governmental activities that would not have any environmental impacts and for which SEPAreview is not required).



# • WAC 197-11-706 Addendum. "Addendum" means

an environmental document used to provide additional information or analysis that does not substantially change the analysis of significant impacts and alternatives in the existing environmental document. The term does not include supplemental EISs. An addendum may be used atany time during the SEPAprocess.



### WAC 197-11-708 Adoption."Adoption" means an agency's use of all or part of an existing environmental document to meet all or partofthe agency's responsibilities under SEPA to prepare an EIS or other environmental document.



### WAC 197-11-710 Affected tribe. Affected tribe or "treaty tribe" means any Indian tribe, band, nation or community in the stateofWashington, that is federally recognized by the United States Secretary of the Interior and that will ormay be affected by theproposal.



### WAC 197-11-712 Affecting. "Affecting" means having, or may be having, an effect on (see 197-11-752

on impacts). For purposes ofdeciding whether an EIS is required and what the EIS must cover, "affecting" refers to having probable, significant adverse environmental impacts (RCW 43.21C.031 and 43.21C.110(1)(c)).



### WAC 197-11-714 Agency. (1) "Agency" means any state or local governmental body, board, commission, department, or officer authorized to make law, hearcontested cases, orotherwisetake the actions stated in 197-11-704, except the judiciary and state legislature. An agency is any state agency (197-11-796) or local agency (197-11-762). 

# • (2) "Agency with environmental expertise" means an agency with special expertise on the environmental impacts involved in a proposal or alternative significantly affecting the environment. These agencies are listed in dures (197-11-906). The appropriate agencies must be consulted in the environmental impact statement process, as required by 197-11-502. (3) "Agency withjurisdiction" means an agency with authority to approve, veto, or finance all or part of a nonexempt proposal (or part of a proposal). The term does not include an agency authorized to adopt rules or standards ofgeneral applicability that could apply to a proposal, when no license or approval is required from the agency for the specific proposal. The term also does
not include a local, state, or federal agency involved in approving a grant or loan, that serves only as a conduit between the primary administering agency and the recipient ofthe grant or loan. Federal agencies withjurisdiction are those from which a license or funding is sought or required. (4) Ifa specificagencyhasbeen named in these rules, and the functions of that agency have changed or been transferred to another agency, the term shall mean any

successor agency. (5) For those proposals requiring a hydraulic project approval under RCW 75.20.100, both thedepartmentof gameand the departmentoffisheries shall be considered agencies withjurisdiction.



### WAC 197-11-716 Applicant. "Applicant" means any person orentity, including an agency, applying for a license from an agency. Application means a request for

a license.



### WAC 197-11-718 Built environment. "Built environment" means the elements of the environment as specified by RCW 43.21C.II0(1)(f) and 197-11­ 444(2), which are generally built or made by people as contrasted with natural processes.



### WAC 197-11-720 Categorical exemption. "Categorical exemption" means a type of action, specified in these rules, which does not significantly affect the environment (RCW 43.21C.II0(1)(a)); categorical exemptions are found in Part Nine of these rules. Neither a threshold determination nor any environmental document, including an environmental checklist or environmental impact statement, is required for any categorically exempt action (RCW 43.21C.031). These rules provide for those circumstances in which a specific action that would fit within a categorical exemption shall not be considered categorically exempt (197-11­ 305).



### WAC 197-11-722 Consolidated appeal. "Consolidated appeal" meanstheprocedurerequiring a person to file an agency appeal challenging both procedural and substantive compliance with SEPA at the same time,as provided under RCW 43.21C.075(3)(b) and the exceptions therein. Ifan agency does not have an appeal procedure for challenging either the agency's procedural or its substantive SEPA determinations, the appeal cannot be consolidated prior to any judicial review. The requirement for a consolidated appeal does not preclude

[Cb. 197-11WAC-p23JPartEight-197-11-722 SEPARules

agencies from bifurcating appeal proceedings and allowing different agency officials to hear different aspects of the appeal. (197-11-680).

WAC 197-11-724 Consulted agency. "Consulted agency" means any agency withjurisdiction or expertise that is requested·by the lead agency to provide information during the SEPA process.

WAC 197-11-726 Cost-benefit analysis. "Costbenefit analysis" means a quantifiedcomparison ofcosts and benefits generally expressed in monetary or numerical terms. It is not synonymous with the weighing or balancing of environmental and other impacts or benefits ofa proposal.

WAC 197-11-728 County/city. "County/city"

means a county,city, ortown. Inthischapter, duties and powers are assigned to a county, city, or town as a unit. The delegation ofresponsibilities among the various departments ofa county, city, or town is left to the legislative or charter authority of the individual counties, cities, ortowns.

WAC 197-11-730**Decisionmaker~** "Decisionmaker"

means the agency official or officials who make the agency's decision on a proposal. The decisionmaker and responsible official are not necessarily synonymous, depending on the agency and its SEPA procedures (197­ 11-906 and 197-11-910).

WAC 197-11-732 Department. "Department"

means theWashington statedepartment ofecology.

WAC 197-11-734 Determination ofnonsignificance (DNS). "Determination of nonsignificance" (DNS)

means the written decision by the responsible official of the lead agency that a proposal is not likely to have a significant adverse environmental impact, and therefore

an EIS is not required (197-11-310 and 197-11-340). TheDNSform is in 197-11-970.

WAC 197-11-736 Determination of significance (DS). "Determination of significance" (DS) means the written decision by the responsible official of the lead agency that a proposal is likely to have a significant adverse environmental impact, and therefore an EIS is required (197-11-310 and 197-11-360). The DS form is in 197-11-980 and must be used substantially in that form.

WAC 197-11-738 EIS. "EIS" means environmental impact statement. The term "detailed statement" in RCW 43.21C.030(2)(c) refers to a final EIS. The term "EIS" as used in these rules refers to draft, final, or supplemental EISs (197-11-405).

WAC 197-11-740 Environment. "Environment" rules and refer basically tophysical environmental quality.

WAC 197-11-742 Environmental**checkli~t.** "Envi­ 

# o

ronmental checklist" means the form.in 197-11-960. Rules for its use arein 197-11-315.

WAC 197-11-744 Environmental document. "Environmental document" means any written public document prepared under this chapter. Under SEPA, the
terms environmental analysis, environmental study, environmentalreport, and environmental assessmentdo not have specialized meanings and do not refer to particular environmental documents (unlike various other state or federal environmentalimpactprocedures).

WAC 197-11-746 Environmental review. "Environmental review" means the consideration ofenvironmental factors as required by SEPA. The "environmental review process" is the procedure used by agencies and others under SEPA for giving appropriate consideration
to theenvironment in agencydecisionmaking.

WAC 197-11-748 Environmentally sensitive area. "Environmentally sensitive area" means an area designated and mapped by a county/city under 197-11-908. Certain categorical exemptions do not apply within environmentally sensitive areas (197-11-305, 197-11-908, and PartNine ofthese rules).

WAC 197-11-750 Expanded scoping. "Expanded scoping" is an optional process that may be used by 

# o
agencies togo beyond minimum scoping requirements.

WAC 197-11-752 Impacts. "Impacts" are the effects or consequences ofactions. Environmental impacts

are effects upon the elements ofthe environment listed in 197-11-444.

WAC 197-11-754 Incorporation by reference. "Incorporation by reference" means the inclusion of all or part of any existing document in an agency's environmental documentation by reference (197-11-600 and 197-11-635).

WAC 197-11-756 Lands covered by water. "Lands covered by water" means lands underlying the water areas ofthe statebelow the ordinary high water mark, including salt waters, tidal waters, estuarine waters, natural water courses, lakes, ponds, artificially impounded waters, marshes, and swamps. Certain categoricalexemptions do not apply to lands covered by water,

as specified in PartNine.

WAC 197-11-758 Lead agency. "Lead agency"

means the agency with the main responsibility for complying with SEPAls procedural requirements (197-11­ 050 and 197-11-922). The procedures for determining
means, and is limited to, those elements listed in 197­ lead agencies are in Part Ten of these rules. "Lead 11-444, as required by RCW 43.21C.ll0(1)(f). Enviagency" may be read as "responsible official" (197-11­ 

# o

ronment and environmental quality refer to the state of 788 and 197-11-910) unless the context clearly requires the environment and are synonymous as**us~d** in these otherwise. Depending on the agency and the type of



### ICb. 197-11 WAC-p24]SEPARules PartEight-197-11-786 

# • proposal, for example, there may be a difference between the lead agency's responsible official, who is at a minimum responsible.for procedural determinations (such as 197-11-330, 197-11-455, 197-11-460) and its decisionmaker, who is at a minimum responsible for substantive determinations (such as 197-11-448, 197­ 11-655, and 197-11-660).

WAC 197-11-760 License. "License" means any form ofwritten permission given to any person, organization, or agency to engage in any activity, as required by law or agency rule. A license·includes all or part of

an agency permit, certificate, approval, registration, charter, or plat approvals or rezones to facilitate a particular proposal. Theterm does not include a license required solely for revenue purposes.

WAC 197-11-762 Local agency. "Local agency" or "local government" means any political subdivision, regional governmental unit, district, municipal or public corporation, including cities, towns, and counties and their legislative bodies. The term encompasses but does
not refer specifically to the departments within a city or county.


# • WAC 197-11-764 Major action. "Major action"

means an action thatis likely to have significant adverse environmental impacts. "Major" reinforces but does not have a meaning independent of "significantly" (197-11­ 794).

WAC 197-11-766 Mitigated DNS. "Mitigated DNS" means a DNS that includes mitigation measures and is issued as a result ofthe process specified in 197­ 11-350.

WAC 197-11-768 Mitigation. "Mitigation" means: (l) Avoiding the impact altogether by not taking a certain actionorpartsofan action; (2) Minimizing impacts by limiting the degree or magnitude ofthe action and its implementation, by using appropriate technology, or by taking affirmative steps to avoid orreduce impacts; (3) Rectifying the impact by repairing, rehabilitating,

or restoring the affected environment; (4) Reducing or eliminating the impact over time by preservation and maintenance operations during the life ofthe action;

. (5) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments; and/or (6) Monitoring the impact and taking appropriate corrective measures.

WAC 197-11-770 Natural environment. "Natural environment" means those aspects of the environment 4321 

### et seq.; P.L. 91-190), that is like SEPA at the federal level. The federal NEPA regulations are located
at40 CFR 1500 

### etseq.

WAC 197-11-774 Nonproject. "Nonproject" means actions which are different or broader than a single site specific project, such as plans, policies, and programs (l97-11-704).

WAC 197-11-776 Phased review. "Phased review"

means the coverage ofgeneral matters in broader environmental documents, with subsequent narrower documents concentrating solely on the issues specific to the later analysis (197-11-060(5». Phased review may be used for a single proposal or EIS (l97-11-O60).

WAC 197-11-778 Preparation. "Preparation" ofan environmental document means preparing or supervising the preparation of documents, including issuing, filing, printing, circulating, and related requirements (see 197­ 11-700(2».

WAC 197-11-780 Privateproject. "Privateproject"

means any proposal primarily initiated or sponsored by

an individual or entity otherthan an agency.

WAC 197-11-782 Probable. "Probable" means likely or reasonably likely to occur, as in "a reasonable probability ofmore than a moderate effect on the quality of the environment" (see 197-11-794). Probable is used to distinguish likely impactsfrom those thatmerely have a possibility ofoccurring, but are remote or speculative. This is not meant as a strict statistical probability
test.

WAC 197-11-784 Proposal. "Proposal" means a proposed action. A proposal includes both actions and regulatory decisions of agencies as well as any actions proposed by applicants. A proposal exists atthatstagein the development of an action when an agency is presented with an application, or has a goal and is actively preparing to make a decision on one or more alternative

means of accomplishing that goal, and the**environmen~** tal effects can be meaningfully evaluated. (See 197-11­ 055 and 197-11-060(3).)A proposal may thereforebea particular or preferred course ofaction or several alternatives. For this reason, these rules use the phrase "alternatives including the proposed action." The term "proposal" may therefore include "other reasonable

courses of action," if there is no preferred alternative and ifit is appropriatetodo so in theparticularcontext.

WAC 197-11-786 Reasonable alternative. "Reasonable alternative" means an action thatcould feasibly attain or approximate a proposal's objectives, but at a lower environmental cost or decreased level of environ­ 

# • contained in 197-11-444(1), frequently referred to as natural elements, or resources, such as earth, air, water, wildlife, and energy

.

WAC 197-11-772 NEPA. "NEPA" means the National Environmental Policy Act of 1969 (42 USCA mental degradation. Reasonable alternatives may be those over which an agencywithjurisdictionhas authority to control impacts, either directly, or indirectly through requirement ofmitigation measures. (See 197­ 11-440(5) and 197-11-660.) Also see the definition of

[Ch. 197-11 WAC-p25]PartEight-197-11-786 SEPARules

"scope" for the three types ofalternativestobe analyzed in EISs (197-1'1-792).

WAC 197-11-788 Responsible official. "Responsible official" means that officer or officers, committee, department, or section ofthe lead agency designated by agency SEPA procedures to undertakeits procedural responsibilities as lead agency (197-11-910).

WAC 197-11-790 SEPA. "SEPA" means the State Environmental Policy Act of 1971 (chapter 43.21C RCW), which is also referred to as the act. The "SEPA process" means all measures necessary for compliance with the act's requirements.

WAC 197-11-792 Scope. (1) "Scope" means the range of proposed actions, alternatives, and impacts to be

.analyzed in

.an environmental document (197-11­ 060(2». (2) To determine the scope of environmental impact statements, agencies consider three types of actions, threetypes ofimpacts, and threetypes ofalternatives. (a)

### Actionsmay be: (i) Single (a specific action which is not related to otherproposals or parts ofproposals); (ii) Connected (proposals or parts ofproposals which

are closely related under 197-11-060(3) or 197-11­ 305(1»;or (iii) Similar (proposals thathave common aspects and may be analyzed togetherunder 197-11-060(3». (b) 

### Alternativesmay be: (i) No action; (ii) Other reasonable courses ofaction; or (iii) Mitigation measures (not in theproposed action). (c) 

### Impacts may be: (i) Direct; (ii) Indirect; or (iii) Cumulative. (3) 197-11-060provides general rules for the content of any environmental review under SEPA; Part Four and 197-11-440provide specific rules for the content of EISs. The scope ofan individual statement may depend

on its relationship with other EISs or on phasedreview.

WAC 197-11-793 Scoping. "Scoping" means determining the range of proposed actions, alternatives, and impacts to be discussed in an EIS. Because an EIS is required to analyze significant environmental impacts only, scoping is intended to identify and narrow the EIS
to the significant issues. The required scoping process (197-11-408) provides interagency and public notice of

a DS, or equivalent notification, and opportunity to comment. The lead agency has the option ofexpanding the scoping process (197-11-410), but shall not be required to do so. Scoping is used to encourage cooperation and early resolution of potential conflicts, to improve decisions, and toreduce paperwork anddelay. than a moderate adverse impact on environmental quality. (2) Significance involves context and intensity (197­ 11-330) and does not lend itselfto a formula or quanti­ 

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fiable test. The context may vary with the physical setting. Intensitydependson themagnitudeand duration of

an impact. The severity of an impact should be weighed along with the likelihood ofits occurrence. An impact may be significant if its chance of occurrence is not great, but the resulting environmental impact would be severe ifit occurred. (3) 197-11-330 specifies a process, including criteria and procedures, for determining whether a proposal is likely to have a significant adverse environmental impact.

WAC 197-11-796 State agency. "State agency"

means any state board, commission, department, or officer, including stateuniversities, colleges, and community colleges, that is authorized by law to make rules, hear contested cases, or otherwise take the actions stated in 197-11-704,exceptthejudiciaryand statelegislature.

WAC 197-11-797 Threshold determination. "Threshold determination" means the decision by the responsible official ofthe lead agency whether or not an EIS is required for a proposal that is not categorically exempt (197-11-310and 197-11-330(1)(b».

WAC 197-11-799 Underlying gOl'ernmental action. "Underlying government action" means the governmen­ 

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tal action, such as zoning orpermit approvals, thatis the subject ofSEPAcompliance.



### PART NINE

- CATEGORICAL EXEMPTIONS

WAC 197-11-800 Categorical exemptions. The proposed actions contained in Part Nine are categorically exempt from threshold determination and EIS requirements, subject to the rules and limitations on categorical exemptionscontained in 197-11-305. 

### (1) Minornewconstruction-Flexiblethresholds. (a) The exemptions in this subsection apply to all licenses required to undertake the construction in question, except when a rezone or any license governing emissions to the air or discharges to water is required. Tobe exempt under this subsection, the project must be equal to or smaller than the exempt level. For a specific proposal, the exempt level in (b) ofthis subsection shall control, unless the city/county in which the project is located establishes an exempt level under (c) of this subsection. Ifthe proposal is located in more than one city/county, the lower of the agencies' adopted levels shall control, regardless of which agency is the lead WAC 197-11-794 Significant. (1) "Significant" as agency. used in SEPA means a reasonable likelihood of more 

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ICb. 197-11 WAC-p26]SEPARules PartNine--197-11-800 

# • (b) The following types of construction shall be exempt, except when undertaken wholly or partly on lands covered by water: (i) The construction or location of any residential
structures offour dwelling units. (ii) The construction of a barn, loafing shed, farm equipment storage building, produce storage or packing structure, or similar agricultural structure, covering 10,000 square feet, and to be used only by the property

owner or his or her agent in the conduct offarming the property. This exemption shall not apply to feed lots. (iii) Theconstructionofanoffice, school, commercial, recreational, service or storage building with 4,000
square feet of gross floor area, and with associated parking facilities designed for twenty automobiles. (iv) The construction of a parking lot designed for twenty automobiles. (v) Any landfill or excavation of 100 cubic yards throughout the total lifetime of the fill or excavation; and any fill orexcavation classified as a class I, II,or III forest practice under RCW 76.09.050 or regulations thereunder.



# • (c) Cities, towns or counties may raise the exempt levels to the maximum specified below by implementing ordinance or resolution. Such levels shall be specified in theagency's SEPAprocedures (197-11-904) and sentto the department of ecology. A newly established exempt level shall be supported by local conditions, including zoning or other land use plans orregulations. An agency may adopt a system of several exempt levels (such as different levels for different geographic areas). The maximum exempt level for the exemptions in (1)(b)of this section shall be, respectively: (i) 20 dwelling units. (ii) 30,000 squarefeet. (iii) 12,000 square feet; 40 automobiles. (iv) 40 automobiles. (v) 500 cubic yards. 

### (2) Other minor new construction. The following types ofconstruction shall be exempt except where undertaken wholly or in part on lands covered by water (unless specifically exempted in this subsection); the exemptions provided by this section shall apply to all licenses required to undertake the construction in question, except where a rezone or any license governing emissions to the airor discharges to water is required: (a) The construction or designation of bus stops, loading zones, shelters, access facilities and pull-out lanes for taxicabs, transit and school vehicles. (b) The construction and/or installation of commercial on-premise signs, and public signs and signals. (c) Theconstruction or installation ofminor road and
street improvements such as pavement marking, freeway surveillance and control systems, railroad protective devices (not including grade-separated crossings), grooving, glare screen, safety barriers, energy attenuators, accordance with WAC 248-54-660), temporary traffic controls and detours, correction of substandard curves and intersections within existing rights-of-way, widening ofa highway by less than a single lane width where capacity is not significantlyincreased and no new rightof-way is required, adding auxiliary lanes for localized
purposes, (weaving, climbing, speed change, etc.), where capacity is not significantly increased and no new rightof-way is required, channelization and elimination of sight restrictions at intersections, street lighting, guard rails and barricade installation, installation ofcatch basins and culverts, and reconstruction ofexisting roadbed (existing curb-to-curb in urban locations), including adding or widening of shoulders, addition of bicycle lanes, paths and facilities, and pedestrian walks and paths, butnot including additional automobile lanes. (d) Grading, excavating, filling, septic tank installations, and landscaping necessary for any building or facility exempted by subsections (1) and (2) of this section, as well as fencing and the construction of small
structures and minor facilities accessory thereto. (e) Additions or modifications to or replacement of
any building or facility exempted by subsections (1) and (2) of this section when such addition,. modification or replacement will not change the character ofthe building or facility in a way that would remove it from an exempt class. (f) The demolition of any structure or facility, the construction ofwhich would be exempted by subsections (1) and (2) ofthis section, except for structures or facilities with recognized historical significance. (g) The installation ofimpervious underground tanks, having a capacityof 10,000gallons or less. (h) Thevacation ofstreets or roads. (i) Theinstallation ofhydrological measuring devices, regardless ofwhether ornot on lands covered by water. 

### U) The installation ofany property, boundary or survey marker, other than fences, regardless of whether or not on lands covered by water. 

### (3) Repair, remodeling and maintenance activities. The following activities shall be categorically exempt except: The repair, remodeling, maintenance, or minor alteration ofexisting private or public structures, facilities or equipment, including utilities, involving no material expansions or changes in use beyond that previously existing; exceptthat, where undertaken wholly orin part

on lands covered by water, only minor repair or replacement ofstructures may be exempt (examples include repair or replacement ofpiling, ramps, floats, or mooring buoys, or minor repair, alteration, or maintenance of docks). Thefollowing maintenance activities shall not be considered exemptunder this subsection: (a) Dredging; (b) Reconstruction/maintenanceofgroins and similar shoreline protection structures; or (c) Replacement ofutility cables that must be buried 

# •transportation corridor landscaping (including the appli­ under the surface ofthe bedlands. Repair/rebuilding of cation of Washington state department of agriculture major dams, dikes, and reservoirs shall also not be con­ approved herbicides by licensed personnel for right-of­ sidered exemptunder this subsection. way weed controlas long as this is notwithin watersheds 

### (4) Water rights. Thefollowing appropriations ofwa­ controlled for the purpose of drinking water quality in ter shall be exempt, theexemption covering not only the

lCb. 197-11 WAC-p

### 271PartNine 197-11-800 SEPARules

permit to appropriate water, but also any hydraulics permit, shoreline permit or building permit required for

a normal diversion or intake structure, well and pumphouse reasonably necessary to accomplish the exempted appropriation, and including any activities relating to construction of a distribution system solely for any ex.;. empted appropriation: (a) Appropriations of fifty cubic feet per second or less ofsurface water for irrigation purposes, when done without a government subsidy. (b) Appropriationsofonecubicfoot persecond orless ofsurface water, or of 2,250 gallons per minute or less ofground water, for any purpose. 

### (5) Purchase or sale ofrealproperty. The following 'real property transactions by an agency shall be exempt: (a) The purchase or acquisition of any right to real property. ' (b) The sale, transfer or exchange of any publicly owned real property, but only ifthe property is not subjectto an authorizedpublicuse. (c) The lease of real property when the use of the property for theterm ofthe lease will remain essentially the sa,me as the existing use, or when the use under the lease is otherwise exempted by this chapter. 

### (6) Minor land use decisions. The following land use 'decisions shall be exempt: (a) Except upon lands covered by water, the approval ofshort plats or short subdivisions pursuant to the procedures required by RCW 58.17.060, but not including further short subdivisions or short platting within a plat

or subdivision previouslyexemptedunderthis subsection. (b) Granting of variances based on special circumstances, not including economic hardship, applicable to the subject property, such as size, shape,'topography, 10-, cation or surroundings and not resulting in any change in land use or density. (c) Classifications of land for current use taxation under chapter 84.34 RCW, and classification and grading offorest land under chapter 84.33 RCW. 

### (7) Schoolclosures. The adoption and implementation of a plan, program, or decision for the**~losure** of a school or schools shall be exempt. Demolition, physical modification or change of a facility from a school use shall not be exempt under this subsection. 

### (8) Open burning. Opening burning and the issuance of any license for open burning shall be exempt. The adoption ofplans, programs, objectives orregulations by any agency incorporating general standards respecting open burning shall not be exempt. 

### (9) Variances under clean air act. The granting of variances under RCW 70.94.181 extending applicable air pollution control requirements for one year or less shall be exempt. 

### (10) Water quality certifications. The granting or denial of water quality certifications under the federal clean water act (Federal Water Pollution Control Act Amendments of 1972, 33 USC 1341) shall be exempt. (11) 

### Activities ofthe state legislature. All actions of the state legislature are exempted. This subsection does
not exempt the proposing of legislation by an agency (197-11-704).

[Cb. 197-11 WAC-p28] 

### (12) Judicialactivity. Thefollowing shall be exempt: (a) All adjudicatory actions ofthejudicialbranch. (b) Any quasi-judicial action of any agency if such action'consists ofthe review ofa prior administrative or 

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legislative decision. Decisions resulting from contested

cases or other hearing processes conducted prior to the first'decision on a proposal or upon any application for a rezone, conditional use permit or other similar permit
not otherwise exempted by this chapter, are not exempted by this subsection. 

### (13) Enforcement and inspections. The following enforcement and inspection activities shall be exempt: (a) All actions, including administrative orders and penalties, undertaken to enforce a statute, regulation, ordinance, resolution or prior decision. No license shall be considered exempt by virtue of this subsection; nor shall the adoption of any ordinance, regulation or resolution beconsidered exemptby virtue ofthis subsection. (b) All inspections conducted by an agency of either private orpublic property for any purpose. (c) All activities offire departments and law enforcement agencies except physical construction activity. (d) Any action undertaken by an agency to abate a nuisance or to abate, remove or otherwise cure any hazard to public health or safety. The application ofpesticides and chemicals is not exempted by this subsection but may be exempted elsewhere in these guidelines. No license or adoption ofany ordinance, regulation or resolution shall be considered exempt by virtue of this subsection. (e) Any suspension or revocation ofa license for any purpose, 

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(14) Business andotherregulatorylicenses. The following business and other regulatory licenses are exempt: (a) All licenses to undertake an occupation, trade or profession. (b) All licenses required under electrical, fire, plumbing, heating, mechanical, and safety codes and regulations, butnot including building permits. (c) All licenses to operate or engage in amusement devices and rides and entertainment activities, including but not limited to cabarets,carnivals, circuses and other traveling shows, dances, music machines, golf courses, and theaters, including approval ofthe use ofpublic facilities for temporary civic celebrations, but not including licenses or permits required for permanent construction ofany oftheabove. (d) All licenses to operate or engage in charitable or retail sales and service activities, including but not limited to peddlers, solicitors, second hand shops, pawnbrokers, vehicle and housing rental agencies, tobacco sellers, close out and special sales, fireworks, massage parlors, public garages and parking lots, and used automobile dealers. (e) All licenses for private security services, including but not limited to detective agencies, merchant and/or residential patrol agencies, burglar and/or fire alarm dealers, guarddogs, locksmiths, and bail bond services. (f) All licenses for vehicles for-hire and other vehicle related activities, including but not limited to taxicabs,SEPARules 

### PartNine-197-11-800

ambulances, and tow trucks: Provided, That regulation proposals (RFPs), and the conceptual planning of proof common carriers by the utilities and transportation 

# Ie commission shall not be considered exempt under this subsection. (g) All licenses for food or drink services, sales, and distribution, including but not limited to restaurants, liquor, and meat. (h) All animal control licenses, including but not limited to pets, kennels, and pet shops. Establishment or construction of such a facility shall not be considered exempt by this subsection. (i) The renewal or reissuance of a license regulating
any present activity or structure so long as no material changes areinvolved. (15) Activities ofagencies. The following administrative, fiscal and personnel activities of agencies shall be exempt: (a) The procurement and distribution ofgeneral supplies, equipment and services authorized or necessitated by previously approved functions or programs. (b) Theassessment and collection oftaxes. (c) The adoption of all budgets and agency requests for appropriation: Provided, That if such adoption includes a final agency decision to undertake a major action, that portion ofthe budget is not exempted by this subsection. (d) The borrowing offunds, issuance ofbonds, or applying for a grant and related financing agreements and approvals. 

# • (e) Thereview and payment ofvouchers andclaims. (f) Theestablishment and collection ofliens and service billings. (g) All personnel actions, including hiring, terminations, appointments, promotions, allocations ofpositions, and expansions orreductions in force. (h) All agency organization, reorganization, internal operational planning or coordination of plans or functions. (i) Adoptions or approvals of utility, transportation and solid waste disposal rates. 

### U) The activities ofschool**distr~cts** pursuantto desegregation plans or programs; however, construction of real property transactions or the adoption ofany policy, plan or program for such construction of real property transaction shall not be considered exempt under this subsection (see also 197-11-800(7)). (16) Financial assistance grants. The approval of grants or loans by one agency to another shall .be exempt, although an agency may at its option require compliance with SEPA prior to making a grant or loan for design or construction of a project. This exemption includes agencies taking nonproject actions that arenecessary to apply for federal or other financial assistance. (17) Local improvement districts. The formation of local improvement districts, unless such formation constitutesa final agencydecision to undertakeconstruction posals shall be exempt. These may be strictly for information-gathering, or as part of a study leading to a proposal that has not yet been approved, adopted or funded; this exemption does not include any agency action that commits the agency to proceed with such a proposal. (Also see 197-11-070.) (19) Acceptance of.filings. The acceptance by an agency ofany document or thing required or authorized by law to be filed with the agency and for which the
agency has no discretionary power to.refuse acceptance shall be exempt. No license shall be considered exempt byvirtueofthis subsection. (20) Procedural actions. The proposal or adoption of legislation, rules, regulations, resolutions or ordinances,

or ofany plan or program relating solely to governmental procedures, and containing no substantive standards respecting use or modification of the environment shall be exempt. Agency SEPAprocedures shall beexempt. (21) Building codes. The adoption by ordinance ofall codes as required by the statebuilding code act (chapter 19.27 RCW).

(22) Adoption ofnoise ordinances. The adoption by counties/cities ofresolutions, ordinances, rules or regulations concerned with the control ofnoise which do not differ from regulations adopted by the department of ecology under chapter 70.107 RCW. When a county/city proposes a noise resolution, ordinance, rule

or regulation; a portion ofwhich differs from the applicablestateregulations (andthusrequires approval ofthe department of ecology under RCW 70.107.060(4», SEPA compliance may be limited to those items which differ from stateregulations. (23) Reviewandcommentactions. Any activity where

one agency reviews orcomments upon the actions ofanother agency or another department within an agency shall beexempt. (24) Utilities. The utility-related actions listed below shall be exempt, except for installation, construction, or alteration on lands covered by water. Theexemption includes installation and construction, relocation when required by other governmental bodies, repair, replacement, maintenance, operation or alteration that does not changethe action from an exempt class. (a) All communications lines, including cableTV; but
not includingcommunication towers orrelay stations. (b) All storm water, water and sewer facilities, lines, equipment, hookups or appurtenances including, utilizing orrelated tolines eight inches or less in diameter. (c) All electric facilities, lines, equipment or appurtenances, not including substations, with an associated voltage of 55,000 volts or less; and the overbuilding of existing distribution lines (55,000 volts or less) with transmission lines (more than 55,000volts); and the undergrounding ofall electricfacilities, lines, equipmentor appurtenances. 

# • of a structure or facility not exempted under 197-11­ (d) All natural gas distribution (as opposed to trans800 and 197-11-880

. mission) lines and necessary appurtenant facilities and (18) Information collection and research. Basic data hookups. collection, research, resource evaluation, requests for (e) All developments within the confines ofany existing electric substation, reservoir, pump station or well:

[Ch. 197-11WAC.;....p 29]PartNine 197-11-800 SEPARules

Provided, That additional appropnatlons of water are exemptions are specifically made inapplicable by one of
not exempted by this subsection. the following exemptions. (f) Periodic use of chemical or mechanical means to maintain a utility or transportation right of way in its design condition: Provided, That chemicals used are approved by the Washington state department of agriculture and applied by licensed personnel. This exemption shall not apply to theuseofchemicals within watersheds that are controlled for the purpose of drinking water qualityin accordance with WAC 248-54-660. (g) All grants ofrights ofway by agencies to utilities for use for distribution (as opposed to transmission) purposes. (h) All grants offranchises by agencies to utilities. (i) All disposals ofrights ofway by utilities. (25) Natural resources management. In addition to the other exemptions contained in this section, the following natural resources management activities shall be exempt: (a) All class I, II,. III forest practices as defined by RCW 76.09.050 or regulations thereunder. (b) Issuance ofnew grazing leases covering a section ofland orless; and issuanceofall grazingleases for land that has been subject to a grazing lease within the previous ten years. (c) Licenses or approvals to remove firewood. (d) Issuance of agricultural leases covering one hundred sixty contiguous acres or less. (e) Issuance ofleases for Christmastree harvesting or brush picking. (f) Issuance ofleases for school sites. (g) Issuance ofleases for, and placement of, mooring buoys designed to serve pleasure craft. (h) Development of recreational sites not specifically designed for all-terrain vehicles and not including more than twelve campsites. (i) Periodic use of chemical or mechanical means to maintain public park and recreational land: Provided, That chemicals used are approved by the Washington
state department ofagriculture and applied by licensed personnel. This exe·mption shall not apply to the use of chemicals within watersheds that are controlled for the purpose of drinking water quality in accordance with WAC 248-54-660. 

### U) Issuance ofrights ofway, easements and use permits to use existing roads in nonresidential areas. (k) Establishment ofnatural area preserves to be used for scientific research and education and for the protection of rare flora and fauna, under the procedures of chapter79.70 RCW.

WAC 197-11-810 Exemptions and nonexemptions applicable to specific state agencies. The exemptions in 197-11-820through 197-11-875 relate only to the specific activities identified within the named agencies. These exemptions are in addition to the preceding sections ofthis partand are subjecttothe rules and limitations of 197-11-305. The·categorical exemptions in 197-11-800applyto all agencies, includingthose named in 197-11-820 through 197-11-875 unless the general WAC 197-11-820 Department of licensing. All li­ 

# o

censes required under programs administered by the department of licensing as of December 12, 1975 are exempted, except the following: (1) Camping club promotional permits under chapter 19.105 RCW.

(2) Motor vehicle wrecker licenses under chapter 46­ .80 RCW; 197-11-800(14)(i) shall apply to allow possible exemption ofrenewals ofcamping club promotional permits and motorvehicle wrecker licenses.

WAC 197-11-825 Department of labor and industries. All licenses required under programs administered by the department of labor and industries as of December 12, 1975 areexempted, excepttheissuanceof any license for the manufacture of explosives or the adoption or amendment by the department ofany regulations incorporating general standards respecting the issuance of licenses authorizing the storage of explosives under chapter 70.74 RCW. The adoption of any industrial health or safety regulations containing noise standards shall be considered a major action under this chapter.

WAC 197-11-830 Department ofnatural resources. The following actions and licenses ofthe department of natural resources areexempted: (1) Forest closures, shutdowns and permit suspensions due to extremeunusual fire hazards. (2) Operatingpermits to use power equipmenton forest land. (3) Permitsto use fuse on forest land. (4) Log patrol licenses. (5) Permits for drilling for which no public hearing is required under RCW 79.76.070 (geothermal test drilling). (6) Permits for thedumping offorest debris and wood
waste in forested areas. (7) Those sales oftimber from public lands that the department of natural resources determines, by rules adopted pursuant to RCW 43.21C.120 do not have potential for a substantial impact on theenvironment. (8) Except on aquaticlands under statecontrol, leases for mineral prospecting under RCW 79.01.616 or 79.01­ .652, but not including issuance of subsequent contracts for mining.

WAC 197-11-835 Department offisheries. The following activities of the department of fisheries are exempted: (1) The establishment ofseasons, catch limits or geographical areasfor fishing or shellfish removal. (2) All hydraulic project approvals (RCW 75.20.100) for activities incidental to aclass I, II, IIIforest practice

as defined in RCW 76.09.050or regulations thereunder. (3) Hydraulic project approvals where there is no other agency with jurisdiction (besides the department 

# c

[Ch. 197-11 WAC-p30]

### SEPARules PartNine-197-11-850 

# • ofgame) requiring a nonexempt permit, except for proposals involving removal offifty or more cubic yards of streambed materials or involving realignment into a new channel. For purposes of this paragraph, the term new channel shall not include existing channels which have been naturallyabandoned within thetwelve months previous to the hydraulicpermit application. (4) All clam farm licenses and oyster farm licenses, except where cultural practices include structures occupying the water column or where a hatchery or other physical facility is proposed for construction on adjoining uplands. (5) All otherlicenses (otherthanthose exceptedin (2) and (3) above) authorized to be issued by the department as ofDecember 12, 1975 except the following:

. (a) Fish farming license, orotherlicenses allowing the cultivation ofaquatic animals for commercial purposes; (b) Licenses for the mechanical and/or hydraulic removal ofclams, including geoducks; and, (c) Any license authorizing thedischargeofexplosives in water. WAC 197-11-800(14)(i) shall apply to allow possible exemption ofrenewals ofthe above licenses. (6) The routine release of hatchery fish or the reintroduction ofendemic or native species into their historical habitat where only minor documented effects on other species will occur.



### WAC 197-11-840 Department of game. The fol­ 

# • lowing activities of the department of game are exempted: (1) The establishment ofhunting, trapping or fishing
seasons, bag or catch limits, and geographical areas where such activities are permitted. (2) Theissuanceoffalconry permits. (3) The issuance of all hunting or fishing licenses, permits ortags. (4) Artificial gamefeeding. (5) The issuance ofscientific collectorpermits. (6) All hydraulic project approvals (RCW 75.20.100) for activities incidentalto a classI, II, III forest practice

as defined in RCW 76.09.050 and regulations thereunder. (7) Hydraulic project approvals where there is no other agency with jurisdiction (besides the department of fisheries) requiring a nonexempt permit, except for proposals involving removal offifty or more cubic yards of streambed materials or involving realignment into a

new channel. For purposes of this paragraph, the term

new channel shall not include existing channels that havebeen naturally abandoned within thetwelve months previous to the hydraulic permit application. (8) The routine release or transfer of hatchery fish,
game birds, and animals or the reintroduction of endemic or native species into their historical habitat, where only minor documented effects on other species will occur. (9) Minor repair work to be done by hand tools. Examples include: (a) Maintenanceoffish screen orintake structures; or (b) Siltand debris removal from boatlaunches, docks, and piers. (10) Collection ofgamefish and wildlife for research.



### WAC 197-11-845 Department of social and health services. All actions underprogramsadministered bythe department ofsocial and health services as.ofDecember 12, 1975, areexempted, except the following:

(1) Theadoption oramendment by the departmentof
any regulations incorporating general standards for issuance of licenses authorizing the possession, use and transfer ofradioactive source material under RCW 70­ .98.080, except that the issuance, revocation or suspension of individual licenses thereto shall be exempt. However, licenses to operate low level burial facilities or licenses to operate or expand beyond design capacity, mineral processing facilities ortheir tailings areaswhose products or byproducts have concentrations of naturally occurring radioactive materials in excess ofexempt concentrations, as specified in WAC 402-20-250, shall not be exempt. (2) The approval of a comprehensive plan for public
water supply systems servicing one thousand or more units under WAC 248-54-065. (3) The approval ofengineering reports or plans and specifications under WAC 248-54-085 and 248-54­ 095, for all surface water source development, all water system storage facilities greater than one-half million gallons, new transmission lines longer than one thousand feet located in new rightsofway andmajorextensions to existing waterdistribution systems. (4) The approval ofan application for a certificate of need under RCW 70.38.120 for construction of a new hospital or medical facility or for major additions to existing service capacity ofsuch institutions. (5) The approval ofan application for any system of
sewerage and/or water general plan or amendments under RCW 36.94.100. (6) The approval of any plans and specifications for

new sewage treatment works or major extensions to existing sewer treatment works submitted to the department under WAC 248-92-040. (7) The construction ofany building, facility or other installation not exempt by 197-11-800 for the purpose ofhousing department personnel, or fulfilling statutorily directed·or authorized functions (e.g., prisons). (8) Theapproval ofany final plans for constructionof

a nursing home pursuant to WAC 248-14-100, construction of a private psychiatric- hospital pursuant to WAC 248-22-005 or construction of an alcoholism
treatment centerpursuant toWAC 248-22-510.



### WAC 197-11-850 Department of agriculture. All actions under programs administered by the department of agriculture as of December 12, 1975 are exempted, except for the following: (1) The approval ofany application for a commercial registered feedlot, quarantined registered feedlot under chapter 16.36 RCW, or chapters 16-28 and 16-30 WAC. (2) The issuance or amendment ofany regulation respecting restricted-use pesticides under chapter 15.58

[Ch. 197-11 WAC-p31]PartNine 197-11-850 SEPARules

RCWthatwould havetheeffectofallowing theuse ofa pesticide previously prohibited by Washington state. (3) The removal of any pesticide from the list ofrestricted-use pesticides established in WAC 16-228-155

. so as to permit sale ofsuch pesticides to home and gardenusers, unless thepesticideis no longer manufactured and is not available. (4) The removal·of any pesticide from the list of highly toxic and restricted-usepesticides established under WAC 16-228-165 so as to authorize sale of such. pesticides to persons not holding an annual user permit,

an applicator certificate, or an applicator operator license, unlessthepesticideis no longer manufactured and is not available. (5) Theremoval ofany pesticide from thecategoryof highly toxic pesticide formulations established in WAC 16-228-165 so as to permit the sale of such pesticides by persons not possessing a pesticide dealer's license, unless thepesticide is no longer manufactured and is not available. (6) The approval ofany use ofthe pesticide DDT or DDD except for those uses approved by the centers for disease control of the United States department of health and human services (such as control of rabid bats). (7) The issuance ofa license to operate a public livestockmarketunder RCW 16.65.030. (8) The provisions of WAC 197-11-800(14)(i) shall apply to allow possible exemption of renewals ofthe licenses in (I)through (7) above.

WAC 197-11-855 Department of ecology. The following activities of the department of ecology shall be exempt: (1) The issuance, reissuance or modification of any waste discharge permit that contains conditions no less stringentthan federal effluentlimitations and staterules and regulations. This exemption shall apply to existing discharges only and shall not apply to .any new source discharges. (2) Review ofcomprehensive solid waste management plansunder RCW 70.95.100 and 70.95.110. (3) Granting or denial of certification ofconsistency pursuant to the Federal Coastal Zone Management Act (16 U.S.C. 1451). (4) Issuance of short-term water quality standards modification, pursuant to chapter 173-201 WAC, for minor projects when thewaterviolations would: (a) Result in turbidityviolations only; (b) Be less than fourteen days duration; (c) Be mitigated by a current hydraulic project approval conditioned to protectthefishery resource; and (d) Not significantly impair beneficial uses ofthe affected waterbody. (5) Approval of engineering reports when such approval allows preparation ofplans and specifications, but
not when it would commit the department to approving thefinal proposal. WAC 197-11-860 Department of transportation. Thefollowing activities ofthe departmentoftransportation shallbe exempt: (1) Approval of the Annual Highway Safety Work 

# o
Program**involvi~g** the highway-related safety standards pursuant to 23 U.S.C. 402; (2) Issuance of road approach permits and right of way rental agreements; (3) Establishment and changing ofspeed limits ofj5 miles perhour or less; (4) Revisions of existing access control involving a single propertyowner; (5) Issuance ofa "Motorist Information Signing Permit," granting a private business person the privilege of having a sign on highwayrightofway which informsthe public ofthe availabilityofhis orher services; (6) Issuance. of permits for special units relative to statehighways; (7) Issuance ofpermits for the movement ofover-legal size andweightvehicles on statehighways;

­ (8) Issuance of encroachment permits for road approaches, fences and landfills on highway right ofway; and (9) Issuance ofpermits for utility occupancy ofhighway rights ofway for use for distribution (as opposed to transmission)

.
WAC 197-11-865 Utilities and transportation commission. All actions of the utilities and transportation commission under statutes administered as ofDecember 12, 1975, areexempted, except the following:

(1) Issuance ofcommon carrier motor freight author­ 

# c
ity under chapter 81.80 RCW that would authorize a
new service, or extend an existing transportation service in the fields of petroleum and petroleum products in bulk in tanktype vehicles, radioactive substances, explosives, orcorrosives; (2) .Authorization of the openings or closing of any highway/railroad grade crossing, or the direction of physical connection ofthe line ofone railroad with that ofanother; (3) Regulation ofoil and gas pipelines under chapter 81.88 RCW; and (4) The approval of utility and transportation rates where the funds realized as a result of such approved
rates will or are intended to finance construction of a project, approval of which would not be otherwise exempt under 197-11-800, and where at the time ofsuch
rate approval no responsible official ofany state or federal agency has conducted the environmental analysis prescribed by this chapter or the appropriate provisions ofNEPA,whichever is applicable.

WAC 197-11-870 Department of commerce and economic development. The following activities of the department of commerce and economic development shall be exempt: (1) Theprovisions ofbusiness consulting and advisory services that include tourist promotion under RCW 43.31.050.

[Ch. 197-11 WAC-p32]

### SEPARules PartNine-197-11-902



# • (2) The promotion and development of foreign trade under RCW43.31.370. ' (3) The furnishing of technical and information services under RCW43.31.060. (4) Theprovision oftechnical assistance to applicants for loans and aid and/or grants by the community of economic revitalization board under chapter 43.160 RCW. (5) The conduct of research**and~economic** analysis under RCW 43.31.070, including the provision of consulting and advisory services and recommendations to state and local officials, agencies and governmental bodies as authorized under-'RCW 43.31.160, 43.31.200 and 43.31.210.



### WAC 197-11-875 Other agencies. Except for building construction (the majority of which is undertaken through the department of general administration), all activities ofthe following state agencies under programs they administer as ofDecember 12, 1975, are exempted: (1) Office ofthe attorney general. (2) Office ofthe auditor. (3) Departmentofemployment security. (4) Office of the insurance commissioner and state fire marshal. (5) Department ofpersonnel. (6) Department ofprinting. (7) Department ofrevenue. 

# .' (8) Office ofthe secretary ofstate. (9) Office ofthetreasurer. (10) Arts commission. (11) Washington statepatrol. (12) Interagencycommitteefor outdoor recreation. (13) Department ofemergency services. (14) Departmentofgeneral administration, division of banking and division ofsavings and loan associations. (15) Forest practices appeals board. (16) Public employees' retirement system. (17) Law enforcement officers' and-fire fighters' retirement board. (18) Volunteer fireman's retirement system board. (19) Statedepartmentofretirement systems. (20) Teachers' retirement system board. (21) Higher education personnel board. (22) Commission for vocational education. (23) Stateenergy office.



### WAC 197-11-880 Emergencies. Actions that must be undertaken immediately or within a time too shortto allow full compliance with this chapter, to avoid an imminent threat to public health or safety, to prevent an imminent danger to publi"c or private property, or to prevent an imminent threat of serious environmental degradation, shall be exempt. Agencies may specify these emergency actions in their procedures. 

# • WAC 197-11-890 Petitioning DOE to change exemptions. (1) Except for the preceding section, agencies may create additional exemptions in their procedures only after receiving approval from the department of ecology under this section. (2) An agency may petition the department to adopt additional exemptions or to delete existing exemptions by amending these rules. Thepetition shall be madeunder RCW 34.04.060. The petition shall state the language of the requested amendment, the petitioning agency's views on the environmental impacts ofthe activities covered by theproposed amendment, andthe approximate number of actions of this type which have

come before the petitioning agency over a particular period oftime. The department shall consider and decide upon a petition within thirty days ofreceipt. Ifthe determination is favorable, the department shall begin rulemaking under chapter 34.04 RCW. Any resulting amendments will apply either generally or to specified classes ofagencies. Affected agencies shall amend their procedures accordingly. (3) An agency may also petition the department for

an immediate ruling upon any request to add, delete, or change an exemption. Ifsuch a petition is granted, the department will notify the petitioning agency, which may immediately include the change approved by the department in its own procedures. The department may thereafter begin rulemaking proceedings to amend these rules. Until theserules areamended, anychangegranted under this subsection shall apply only to the petitioning agency oragencies. (4) The department will provide public notice ofany proposed amendments to these rules in the manner required by the administrative procedure act, chapter 34­ .04 RCW. A copy of all approvals by**th~** department under the preceding subsection shall be given to any person requesting the department for advance notice of rulemaking.



### PARTTEN

- AGENCY COMPLIANCE

WAC 197-11-900 Purpose of this Part. The purpose ofthis Partis to: (1) Require each agency to adopt its own rules and procedures to carry out SEPA and ensure that agency rules and**proc~dures** shall have the force and effect of law and shall be consistent with these uniform statewide rules. (2) Require agencies to include certain items in their rules. (3) Ensure the documents prepared under the act are available to the public. (4) Identify agencies with environmental expertise. (5) Providerules for determining thelead agency.



### WAC 197-11-902 Agency SEPA policies. (1) The
act and these rules allow agencies to'condition or deny proposals ifsuch action is based upon policies identified by the appropriate governmental authority. These policies must be incorporated into regulations, plans, or codes formally designated by the agency (or appropriate legislative body, in the case oflocal government) as possible bases for the exercise of substantive authority under SEPA. (RCW 43.21C.060; 197-11-660.) State and

lCh. 197-11 WAC-p331PartTen-197-11-902 SEPARules

local policies so designated are called "agency SEPA policies" in these rules. (2) Agencies are required to designate their SEPA policies not laterthan one hundred eighty days after the effective date of these rules (or the creation of the agency). In order to condition or deny a proposal, an agency must comply with the provisions of RCW 43­ .21C.060 and 197-11-660. If an agency has already formally designated agency SEPApolicies that meet the requirementsofthe act andtheserules, theagencyis not required to adopt them again. Agencies may revise or add to their SEPApolicies atanytime. Although agency SEPA procedures cannot change the provisions ofthese rules concerning substantive authority and mitigation (197-11-906(2», agency SEPA policies are encouraged
to identify specific mitigation measures or techniques. (3) An agency's document that includes or references by citation their agency SEPApolicies (197-11-660(3» may be included in agency SEPA procedures (197-11­ 904). Public notice and opportunity for public comment shall be provided as part ofthe agency process for formally designating its SEPApolicies. (4) Depending on their content, the formal designation ofagency SEPA policies will notnecessarily require any environmental review and will normally be categorically exempt as a procedural action under 197-11­ 800(20). For example, the policies may merely compile, reorganize, or reference laws or policies currently on the books, ormay otherwisebeproceduralin nature, such as requiring decisionmakers to considercertain factors.

WAC 197-11-904 Agency SEPA procedures. (1) Each agency is required by the act and this section to adopt its own rules and procedures for implementing SEPA. (RCW 43.21C.120.) Agencies may revise or add
to their SEPA procedures at any time. Agencies may adopt these rules (chapter 197-11 WAC) by reference, and shall meet the requirements of 197-11-906 concerning the content oftheir procedures. State and local rules for carrying out SEPA procedures are called "agency SEPAprocedures."

(2) State agencies shall adopt or amend their procedures within one hundred eighty days of the effective date of this chapter or subsequent revisions, or within

one hundred eighty days of the establishment of an agency, whichever shall occur later. Stateagencies shall adopt their procedures by rule-making under the state administrative procedure act, chapter 34.04 RCW. Ifa state agency does not have rule-making authority under chapter 34.04 RCW, the agency shall adopt procedures under whatever authority it has, and public notice and opportunity for public comment shall be provided. Adoption shall be deemed to have taken place at the time the transmittal of adopted rules is filed with the code reviser. Universities, colleges, and community colleges shall use the procedures ofchapter 288.19 RCW in adopting procedures. (3) Local agencies shall adopt or amend their proceone hundred eighty days ofthe establishment ofthe local governmental entity, whichever shall occur later. Local agencies shall adopt their procedures by rule, ordinance, or resolution, whichever is appropriate, to en­ 

# o

surethattheprocedures have thefull force and effect of law. Public notice and opportunity for public comment shall be provided as part of the agency's process for adopting its SEPA procedures. (4) Any agency determining that all actions it is authorized to take are exempt under Part Nine ofthese rules may adopt a statement to the effect thatit has reviewed its authorized activities and found them all to be exemptunder thischapter.Adoptionofsuch a statement under the procedures in subsections (2) and (3) shall be deemed to be in compliance with the requirement that the agency adopt procedures under this chapter. (5) The adoption of agency procedures is procedural and shall be categorically exempt under this chapter (197-11-800(20».

WAC 197-11-906 Content and consistency of agency procedures. (1)(a) Agency SEPA policies and procedures shall implement and be consistent with the rules in this chapter. Unless optional or permissive (see 197-11-704), all of the provisions of this chapter are mandatory, and agency procedures shall incorporate these rules and criteria. (b) Permissive and optional rules shall not be construed as mandatory requirements. Rules ,giving encouragement or guidance shall also not be construed as mandatory. The decision on whether to apply an optional provision rests with the responsible official. 

# o

(c) Except as stated in the next subsection, the rules in this chapter are not exclusive, and agencies may add procedures and criteria. However, any additional material shall not be inconsistent with, contradict, or make compliance with any provision ofthese rules a practical impossibility. Any additional material shall be consistent with SEPA. (d) Agency procedures shall also include the procedures required by sections 197-11-055 (3)(a) and (4), 197-11-420 (1) and (4), and 197-11-910.

(e) Agency procedures may include procedures under 197-11-055 (2) and (7), 197-11-100(3), 197-11-680, 197-11-714(2), 197-11-800(1), and 197-11-908. Any such procedures shall include the content required by those rules. (2) The following provisions ofthis chapterare exclusive and may not be added to or changed in agency procedures: (a) The definitions of "proposal," "major," "action," "significant," "affecting," "environment," "categorical exemption," "agencies withjurisdiction," "lands covered by water," "built environment," "natural environment," "license," "licensing," "mitigation," and "scope;"

(b) The criteria for lead agency determination (Part Ten ofthese rules); (c) The categorical exemptions in Part Nine ofthese dures within one hundred eighty days of the effective rules, unless expressly allowed under PartNine; date of this chapter or subsequent revisions, or within 

# o

lCh. 197-11 WAC-p34J

### SEPARules PartTen-197-11-916

(d) The information allowed to be required of appli­ the prior subsection. A threshold determination shall be 

# • cants under 197-11-080,197-11-100,197-11-335, and 197-11-420;

(e) Therequirements for the style and size ofan EIS (197-11-425);

(f) The list ofelements ofthe environment (197-11­ 444); and (g) The provisions on substantive authority and mitigation in 197-11-660. (3) The following provisions ofthis chapter may not be changed, but may be added to; any additions shall
meet the criteria for additional material stated in subsection (1)(c) ofthis section: (a) All otherdefinitions in PartEight ofthese rules; (b) The provisions in Parts Four and Five of these rules, except as necessary to be grammatically incorporated into agency procedures; (c) The contents of agency SEPA procedures (197­ 11-906); and

(d) The list ofagencies with environmental expertise (197-11-920). (4) The forms in Part Eleven shall be used substantially as set forth. Minor changes are allowed to make the forms more useful to agencies, applicants, and the public, as long as thechanges do not eliminaterequested information or impose burdens on applicants. The questions in part two ofthe environmental checklist shall not be altered. 

# • WAC 197-11-908 Environmentally sensitive areas. (1) Each county/city may at its option designate areas within itsjurisdiction that are environmentally sensitive
areas, and shall adopt such designation in its agency SEPAprocedures (197-11-906). Environmentally sensitive areas shall be those within which the exemptions listed in the next subsection could have a significant adverse environmental impact, including but not limited to

areas with unstable soils, steep slopes, unusual or unique plants or animals, wetlands, or areas which lie within floodplains. The location and extent of all environmentally sensitive areas shall be clearly indicated on a map that shall be adopted by reference as part ofthe SEPA proceduresofthecounty/city; a copy shall be sent to the department ofecology. (2) Each county/citythatdesignates and maps an environmentally sensitive area may select certain categorical exemptions that do not apply within the area. The selection ofexemptions that will not apply maybe made from the following subsections of 197-11-800: (1), (2)



# • (a) through (h), (3), (5), (6)(a), (14)(c), (24) (a) through (g), and (25)(d), (f), (h), (i). All othercategorical exemptions apply whether or not the proposal will be located within an environmentally sensitive area. Exemptions selected by an agency thatdo not apply within thevarious environmentally sensitiveareas shall be listed within the SEPA procedures of any county/city adopting such areas; a copy shall be sent to the departmentof ecology.

. (3) Proposals that will be located within environmentally sensitive areas are to be treated no differently than other proposals under this chapter, except as stated in made for all such actions, and an EIS shall not be automatically required for a proposal merely because it is proposed for location in an environmentally sensitive

area. (4) Certain categorical exemptions do not apply on lands covered by water, and this remains true regardless ofwhether or not landscovered by water aremapped.



### WAC 197-11-910 Designation of responsible official. Agency SEPAprocedures shalldesignateorprovide

a method of designating the responsible official with speed and certainty (197-11-906 (l)(d». This designation may vary depending upon the nature of the proposal. The responsible official shall carry out the duties and functions ofthe agency when it is acting as thelead agency under these guidelines. Since it is possible under these rules for an agency to be acting as a lead agency prior to actually receiving an application for a license to undertake a private project, designation ofthe first department within the agency to receive an application as the responsible official will not be sufficient.



### WAC 197-11-912 Procedures on consulted agencies. Each agency shall develop internal procedures, manuals, or guidance for providing responses to consultation requests from other agencies pertaining to threshold investigations, the scoping process, or EISs. Such procedures shall ensurethattheagency will comply with the requirements of Part Four of these rules. It·is recommended that these procedures be integrated within existing procedures of investigating license applications when theconsulted agency is also an acting agency.



### WAC 197-11-914 SEPA fees and costs. Except for the costs allowed by this chapter (see, for example, sections 197-11-080, 197-11-100, 197-11-340(3)(a), 197­ 11-420(4), 197-11-440(2)(m), 197-11-504, 197-11­ 508, 197-11-570, 197-11-600(3)(b) pertaining to the
cost ofpreparing environmental documents), these rules neither authorize nor prohibit the imposition of fees to

cover thecosts ofSEPA compliance.



### WAC 197-11-916 Application to ongoing actions. (1) Agency SEPA procedures shall apply to any proposal initiated after the effective date ofthe lead agency's SEPA procedures or those ofthe agency proposing the action. (2) For proposals made before the effective date of revised lead agency SEPA procedures, the revised procedures shall apply to those elements of SEPA compliance initiated after the procedures went into effect. Agency procedures adopted under RCW 43.21C.120 and these rules shall not be applied to invalidate or require modification of any threshold determination, EIS

or other element of SEPA compliance undertaken or completed before the effective date ofthe procedures of the lead agency orofthe agency proposing the action. (3) Agencies are responsible for compliance with any statutory requirements that went into effect before the

[Ch. 197-11WAC-p35)PartTen-197-11-916 SEPARules

adoption of these rules and agency SEPA procedures (for example, the statutoryrequirements for appeals).

WAC 197-11-917 Relationship to chapter 197-10 WAC. Chapter 197-10WAC, the original SEPAguidelines, has not been repealed because the existing guidelines ofmany agencies adopt portions ofchapter 197-10 WAC by reference. Chapter 197-10 WAC also continues to apply for the next one hundred eighty days ifan agency has not adopted procedures implementing SEPA (197-10-900(2) and 197-11-904). The department of ecology intends to repeal chapter 197-10 WAC one hundred eighty days after the effective date of chapter 197-11 WAC.

WAC 197-11-918 Lackofagency procedures. Ifan agency fails to adopt rules, ordinances, resolutions, or regulations implementing SEPA within the one hundred eighty-day time period required by RCW 43.21C.120, the rules in this chapter shall be applied as practicable
to the actions ofsuch agency.

WAC 197-11-920 Agencies with environmental expertise. The following agencies shall be regarded as possessing special expertise relating to those categories of theenvironmentunder which they arelisted: (1) Air quality. (a) Departmentofecology. (b) Departmentofnaturalresources (only for burning in forest areas). (c) Department ofsocial and health services. (d) Regional airpollutioncontrol authority oragency. (2) Waterresources and waterquality. (a) Departmentofgame. (b) Departmentofecology. (c) Department of natural resources (state-owned tidelands, shorelands, harbor areas or beds ofnavigable waters). (d) Department of social and health services (public
water supplies, sewer systems, shellfish habitats). (e) Departmentoffisheries. (3) Hazardous and toxic substances (including radiation). (a) Departmentofecology. (b) Department ofsocial and health services. (c) Departmentofagriculture (foods orpesticides).

.(d) Departmentoffisheries (introductionintowaters). (e) Departmentofgame (introduction into waters). (4) Solid and hazardous waste. (a) Departmentofecology. (b) Departmentoffisheries (dredge spoils). (c) Departmentofsocial and health services. (d) Departmentofgame (dredge spoils). (5) Fish and wildlife. (a) Departmentofgame. (b) Departmentoffisheries. (6) Naturalresources development. (a) Department of commerce and economic development. (b) Department ofecology. (c) Departmentofnaturalresources.

lCb. 197-11 WAC-p361 (d) Departmentoffisheries. (e) Departmentofgame. (7) Energyproduction, transmission andconsumption. 

# 0

(a) Departmentofecology. (b) Department of natural resources (geothermal, coal, uranium). (c) Stateenergy office. (d) Energy facility siteevaluation council. (e) Utilities and transportationcommission. (8) Landuse and management. (a) Department of commerce and economic development. (b) Departmentofecology. (c) Department offisheries (affecting surface or marine waters). (d) Department of natural resources (tidelands, shorelands, or state-ownedor managed lands). (e) Planning and community affairs agency. (f) Departmentofgame. (9) Noise. (a) Departmentofecology. (b) Departmentofsocial and health services. (10) Recreation. (a) Department of commerce and economic development. (b) Departmentofgame. (c) Departmentoffisheries. (d) Parks and recreationcommission. (e) Departmentofnaturalresources. (11) Archaeological/historical. (a) Officeofarchaeology and historic preservation. 

# 0

(b) Washington state university at Pullman (Washington archaeological research center). (12) Transportation. (a) Departmentoftransportation. (b) Utilities and transportationcommission.

WAC 197-11-922 Lead agency rules. The rules for deciding when and how an agency is the lead agency (197-11-050) are contained in this part. The method and criteria for lead agency selection arein 197-11-924. Leadagencyrules for differenttypesofproposals as well

as for specific proposals are in 197-11-926 through 197-11-940. Rules for interagency agreements are in 197-11-942 through 197-11-944. Rules for asking the department of ecology to resolve lead agency disputes

are in 197-11-946. Rules for the assumption of lead agency status by another agency withjurisdiction are in 197-11-948.

WAC 197-11-924 Determining the lead agency. (1) Thefirst agencyreceiving an application for or initiating

a nonexempt proposal shall determine the lead agency for that proposal, unless the lead agency has been previously determined, orthe agency receiving the proposal is

aware that another agency is determining the lead agency. The lead agency shall he determined by using the criteria in 197-11-926through 197-11-944. (2) Ifan agencydeterminesthatanotheragency is the 

# 0

lead agency, it shall mail to such lead agency a copy ofSEPARules PartTen-197-11-938 

# • the application it received, together with its determination of lead agency and an explanation. If 

### the agency receiving this determination agrees that it is the lead agency, it shall notify the other agencies with jurisdiction. If

### it does not agree, and the dispute cannot be resolved 'by agreement, the agencies shall immediately petition the department ofecology for a lead agency determination under 197-11-946. 

### (3) Any agency receiving a lead agencydetermination
to which it objects shall either resolve the dispute, withdraw its objection, or petition the department for a lead agencydeterminationwithin fifteen daysofreceiving the determination. (4) An applicant may also petition the department to resolve thelead agency dispute under 197-11-946. 

### (5) To make the lead agency determination, an agency must determine to the best of its ability the range ofproposed actions for the proposal (197-11-060) 

### and the other agencies withjurisdiction over some or all ofthe proposal. This can be done by: (a) Describing or requiring an applicant to describe the main features ofthe proposal; (b) Reviewing thelist ofagencies with expertise; (c) Contacting potential agencies withjurisdiction either orallyor in writing. 

# • WAC 197-11-926 Lead agency for governmental proposals. (1) 

### When an agency initiates a proposal, it is the lead agency for that proposal. If

### two or more agencies share in the implementation of a proposal, the agencies shallby agreementdeterminewhich agencywill be the lead agency. For the purposes of this section, a proposal by an agency does not include proposals to license private activity. (2) Whenever possible, agency people carrying out SEPA procedures should be different from agency people making the proposal.

WAC 197-11-928 Lead agency for public and private proposals. 

### When the proposal involves both private and public activities, it shall be characterized as either a private or a public project for the purposes of lead agency designation, depending upon whether the primary sponsor or initiator ofthe project is an agency or from the private sector. Any project in which agency and private interests are too intertwined to make this characterization shall be considered a public project. The lead agency for all public**project~** 

### shall be determined under 197-11-926.

WAC 197-11-930 Lead agency for private projects with one agency with jurisdiction. 

### For proposed private projects for which there is only one agency with jurisdiction, the lead agency shall be the agency withjurisdiction. 

# • WAC 197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one ofthe agenciesis a county/city. 

### Forproposals for private projects that requirenonexempt licenses from morethan

one agency, when at least one ofthe agencies requiring such a license is a county/city, the lead agency shall be that county/city within whosejurisdiction is located the greatest portion of the proposed project area, as measuredin squarefeet. Forthepurposes ofthis section, the jurisdictionofa countyshallnotincludetheareaswithin thelimits ofcities or towns within such county.

WAC 197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, andone ormore stateagencies. 

### When a proposed private project requires nonexempt licenses only from a local agency other than a county/city and one or more state agencies, thelead agency shall be thelocal agency.

WAC 197-11-936 Lead agency for private projects requiring

.licenses from more than one state agency. (1) 

### For private projects which require licenses from more than one state agency, but require no license from a county/city, the lead agency shall be one of the state agencies requiring a license, based upon the following order ofpriority: (a) Departmentofecology. (b) Departmentofsocial and health services. (c) Departmentofnatural resources. (d) Departmentoffisheries. (e) Departmentofgame. (f) 

### Utilities and transportationcommission. (g) Departmentofmotorvehicles. (h) Departmentoflabor and industries. (2) When none of the state agencies requiring a license is on the above list, the lead agency shall be the licensing agency that has the largest biennial

appropriation. (3) When, under subsection (1), 

### an agency would be the lead agency solely because of its involvement in a program jointly administered with another agency, the other agency shall be designated the lead agency for proposals for which it is primarily responsible under agreements previously made between the two agencies forjointoperation oftheprogram.

WAC 197-11-938 Lead agencies for specific proposals. 

### Notwithstandingthe lead agency designation criteria contained in 197-11-926

### through 197-11-936, 

### the lead agency for proposals within the areas listed below shall be as follows: (1) For all governmental actions relating to energy facilities for which certification is required under chapter 80.50 

### RCW, the lead agency shall be the energy facility site evaluation council (EFSEC); however, for any public project requiring such certification and for which the study under RCW 80.50.175 

### will not be made, the lead agency shall be the agency initiatingtheproject. (2) For all private projects relating to the use ofgeothermal resources um:ler chapter 79.76 

### RCW, the lead agency shall be thedepartmentofnatural resources. (3) For all privateprojects requiring a licenseorother approval from the oil and gas conservation committee under chapter 78.52 

### RCW, thelead agency shall be the department of natural resources; however, for projects

[Ch.**197~** 11 WAC-:-p37)PartTen-197-11-938 SEPARules

under RCW 78.52.125, the EIS shall be prepared in accordance with that section. (4) For all private activity requiring a license or approval under the Forest Practices Act of 1974, chapter 76.09 RCW, the lead agency shall be the departmentof natural resources; however, for any proposal that will require a license from a county/city acting under the powers enumerated in RCW 76.09.240, the lead agency shall be the county/cityrequiring thelicense. (5) Forall private projectsrequiring a license or lease
to use or affect statelands, the lead agency shall be the
state agency managing the lands in question; however, this subsection shall not apply to the sale or lease of**state~wned** tidelands, harbor areas orbeds ofnavigable waters, when such sale or lease is incidental to a larger project for which oneor more licenses from other state

or local agencies is required. (6) For all proposals which are being processed under the Environmental Coordination Procedures Actof 1973 (ECPA), chapter 90.62 RCW, the lead agency shall be determined underthe standardsofthese rules. (7) For a pulp or paper mill or oil refinery not under thejurisdiction ofEFSEC, the lead agency shall be the department of ecology, when a National Pollutant Discharge Elimination System (NPDES) permit is required under section 402 ofthe Federal Water Pollution Control Act (33 U.S.C. 1342). (8) For proposals to construct a pipeline greater than six inches in diameter and fifty miles in length, used for thetransportation ofcrudepetroleum orpetroleum fuels

or oil or derivatives thereof, or for the transportation of synthetic or natural gas under pressure not under the jurisdiction ofEFSEC, the lead agency shall be the departmentofecology. (9) For proposals that will result in an impoundment of water with a water surface in excess of forty acres, the lead agency shall be thedepartmentofecology. (10) For proposals to construct facilities on a single ·site designed for, or capable of, storing a total of one million or more gallons ofany liquid fuel not under the jurisdiction ofEFSEC, the lead agency shall be the departmentofecology. (11) For proposals to construct any new oil refinery,

or an expansion of an existing refinery that shall increase capacity by ten thousand barrels per day or more not under the jurisdiction of EFSEC, the lead agency shallbe the departmentofecology. (12) For proposals toconstruct any new metallic mineral processing plant, or to expand any such existing plantby ten percent ormore ofdesign capacity, thelead agency shall be thedepartmentofecology. (13) For proposals to construct, operate, or expand
any uranium or thorium mill, any tailings areas generated by uranium or thorium milling or any low-level radioactive waste burial facilities, the lead agency shall be thedepartmentofsocial and health services. be the lead agency under 197-11-928 through 197-11­ 938, and when one or more state agencies are agencies with jurisdiction over the proposal, such local agency may at its option transfer the lead agency duties to that 

# c

state agency withjurisdiction appearing first on the priority listing in 197-11-936. In such event, the state agency so determined shall be the lead agency and the
agency making the transfer shall be an agency withjurisdiction. Transfer is accomplished by the county, city

or town transmitting a notice of the transfer together with any relevant information it may have on the proposal to the appropriate state agency with jurisdiction. The local agency making the transfer shall also give notice of the transfer to any private applicant and other agencies withjurisdiction involved in theproposal.

WAC 197-11-942 Agreements on lead agency status. Any agency may assume lead agency status ifall agencies withjurisdiction agree.

WAC 197-11-944 Agreements on division of lead agency duties. Two or more agencies may by agreement share or divide the responsibilities of lead agency through any arrangement agreed upon. In such event, however, the agencies involved shall designate one of them as thenominal lead agency, which shall be responsible for complying with the duties of the lead agency under these rules. Other agencies withjurisdiction shall be notified of the**ag~eement** and determination of the nominal lead agency.

WAC 197-11-946 DOE resolution of lead agency 

# c
disputes. (1) Ifthe agencies withjurisdiction are unable
to determine which agency is the lead agency under the rules, any agency withjurisdiction may petition the department for a determination. The petition shall clearly describetheproposal in question, andincludea list ofall licenses and approvals required for the'proposal. The petition shall be filed with thedepartment within fifteen days afterreceipt by thepetitioning agency ofthedetermination to which it objects. Copies ofthe petition shall be mailed to any applicant involved, as well as to all other agencies with jurisdiction over the proposal. The applicant and agencies with jurisdiction may file with the department a written response to the petition within
ten days ofthe dateoftheinitial filing. (2) Within fifteen days of receipt of a petition, the department shall make a written determination of the lead agency, which shall be mailed to the applicant and all agencies with jurisdiction. The department shall make its determination in accordance with these rules and consideringthefollowing factors (which arelisted in orderofdescending importance): (a) Magnitudeofan agency's involvement. (b) Approval/disapprovalauthority over the proposal. (c) Expertiseconcerning theproposal's impacts. (d) Durationofan agency's involvement. WAC 197-11-940 Transferoflead agency statusto (e) Sequenceofan agency's involvement.

a state agency. For.any proposal for a private project where a city or town with a population of under five WAC 197-11-948 Assumption of lead agency 

# c

status. (1) An agency withjurisdiction over a proposal, thousand or a county offifth through ninth class would

[Ch. 197-11 WAC-p38]SEPA·Rules PartTen-197-11-955 

# • upon review of a DNS (197-11-340) may transmit to the initial lead agency a completed "Notice ofAssumption ofLead Agency Status." This notice shall be substantially similar to the form in 197-11-985. Assumption oflead agency status shalloccur only within fifteen days ofissuanceofa DNS. (2) The DS by the new lead agency shall be based only upon information contained in the environmental checklist attached to the DNS transmitted by the first lead agency and any other information the new lead
agency has on the matters contained in the environmental checklist. (3) Upon transmitting the DS and notice of assumption oflead agency status, the consulted agency withjurisdiction shall become the "new" lead agency and shall expeditiously prepare an EIS. In addition, all other responsibilities and authority of a lead agency under this chapter shall be transferred to the new lead agency.

WAC 197-11-950 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application ofthe provision to other persons or circumstances shall not be affected.

WAC 197-11-955 Effective date. (1) These rules shall become effective April 4, 1984. 

# • (2) These rules shall apply to agency decisionmaking under SEPAwhen oneofthefollowing occurs: (a) An agency adopts policies, procedures, and practices for this chapter (197-11-902 and 197-11-904);or (b) Onehundred eighty days has elapsed from the effective dateoftheserules. (3) The relationship of the effective date to ongoing actions is in 197-11-916and 197-11-917. (4) Nothing in these rules shall delay agency compliance with any requirement in chapter 43.21C RCW, as amended, such as RCW 43.21C.031 and 43.21C.075 (as noted in 197-11-916(3))

.



# •

lCb. 197-11 WAC-p39]

# c PartEleven-Chapter 197-11 SEPA Rules



## PARTELEVEN

- FORMS

RCW 197-11-960 Environmental checklist.

ENVIRONMENTAL CHECKLIST Purpose ofChecklist:

The State Environmental Policy Act (SEPA), chapter43.21C RCW, requires all governmental agencies to consider the environmental impacts ofa proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality oftheenvironment. 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, ifit can be done) and to help the agency decide whether an EIS is required.

InstructionsforApplicants:

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 de**s~ription** you can. You must answer each question accurately and carefully, to the best ofyour 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. Ifyou really do not know the answer, or ifa question does not apply to your proposal, write "do not know" or "does not apply". Completeanswers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer thesequestions ifyou can. Ifyou have problems, the governmental agencies can assist you. The checklist questions apply to all parts ofyour proposal, even if you plan to do them over a period oftime or on different parcels ofland. Attach any additional information that will help 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 todetermining ifthere may be significant adverse impact.

Use ofchecklistfor nonprojectproposals: 

# C;

Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, completethe SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D). For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or**sit~"** should be read as "proposal," "proposer," and "affected geographicarea," respectively.

A. BACKGROUND

1. Nameofproposed project, ifapplicable:

2. Name ofapplicant:

3. Address and phone number ofapplicant and contact person:

4. Datechecklist prepared:

5. Agency requesting checklist:

6. Proposed timing or schedule (including phasing, ifapplicable):

7. Doyou have any plans for future additions, expansion, or further activity related toorconnected with this proposal? Ifyes, explain.

lCh. 197-11 RCW-p40] (1983 Laws) 

# cSEPA Rules PartEleven-197-11-960

8. List any environmental information you know about that has been prepared, or will be prepared, directly related to 

# • this proposal.

9. Do you know whether applications are pending for governmental approvals ofother proposals directly affecting the property covered by your proposal? Ifyes, explain.

10. List any government approvals or permits that will be needed for your proposal, ifknown.

11. Give brief, complete description ofyour proposal, including the proposed uses and the size ofthe project and site. There are several questions later in this checklist that ask you to describe certain aspects ofyour proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) 

# •

12. Location ofthe proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, ifany, and section, township, and range, ifknown. Ifa proposal would occur

over a range ofarea, provide the range or boundaries ofthe site(s). Provide a legal description, site plan, vicinity map, and topographic map, ifreasonably 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 applications related to this checklist.

TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS
1. Earth

a. General description ofthe site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other

_

• b. What is the steepest slope on the site (approximate percent slope)?

(I983 Laws) [Ch. 197-11 RCW-p41]

# c PartEleven-197-11-960 SEPA Rules

TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY

c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? Ifyou know the classification ofagricultural soils, specify them and noteany prime farmland.

d. Arethere surface indications or history ofunstable soils in the immediatevicinity? Ifso, describe.

e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source offill.

f. Could erosion occur as a result ofclearing, construction, or use? Ifso, generallydescribe.

g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)? 

# o

h. Proposed measures to reduce or control erosion, or other impacts to the earth, ifany:

2. Air

a. What types ofemissions 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 ifknown.

b. Are there any off-site sources ofemissions or odor that may affect your proposal? Ifso, generally describe.

c. Proposed measures to reduce orcontrol emissions or other impacts to air, ifany: 

# ()

[Ch. 197-11 RCW-p42] (1983 Laws)SEPA Rules PartEleven-197-11-960

EVALVAnON FOR TO BE COMPLETED BY APPLICANT 

# • AGENCY USE ONLY 3. Water

a. Surface:

1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? Ifyes, describe type and provide names. Ifappropriate, statewhat stream or river it flows into.

2) Will theproject require any workover, in, oradjacentto (within 200 feet) thedescribed waters? Ifyes, please describe and attach available plans.

3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area ofthe site that would be affected. Indicate the source offill material.

4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximatequantities ifknown

. 

# •

5) Does the proposal lie within a IOO-year floodplain? If so, note location on the site plan.

6) Does the proposal involve any discharges of waste materials to surface waters? Ifso, describe the type ofwaste and anticipated volume ofdischarge.

b. Ground: 1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximatequantities ifknown.

2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals

...; agricultural; etc.). Describe the general size of the system, the number of such systems, the number ofhouses to be served (ifapplicable),orthe numberofanimalsor 

# • humans the system(s) are expected to serve

.

(1983 Laws) [Cb. 197-11 RCW-p431PartEleven-197-11-960 SEPA Rules

TO BE COMPLETED BY APPLICANT EVALUAnON FOR AGENCY USE ONLY 

# o

c. ,Water Runoff(including storm water):

1) Describe the source of runoff (including storm water) and method of collection and disposal, ifany (include quantities, if known). Where will this water flow? Will this water flow into other waters? Ifso, describe.

2) Could waste materials enterground or surfacewaters? Ifso, generally describe.

d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any:

4. Plants

a. Check orcircle types ofvegetation found on the site:

_ deciduous tree: alder, maple, aspen, other

_ evergreen tree: fir, cedar, pine, other 

# o

shrubs grass pasture
\.//' crop or grain "
wet soil plants: cattail, buttercup, bullrush, skunk cabbage, other
water plants: water lily, eelgrass, milfoil, other

_ other types ofvegetation

b. What kind and amount ofvegetation will be removed or altered?

c. List threatened orendangered species known to beon or near the site.

d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, ifany:

5. Animals

a. Circle any birds and animals which have been'observed on or near the site or are known
to be on ornear the site:

birds: hawk, heron, eagle, songbirds, other:

. mammals: deer, bear, elk, beaver, other:

. fish: bass, salmon, trout, herring, shellfish, other:

. b. List any threatened or endangered species known to be on or near the site.

ICh. 197-11 RCW-p44] (1983 Laws) 

# cSEPARules PartEleven-197-11-960

TO BE COMPLETED BY APPLICANT EVALUAnON FOR 

# I. AGENCY USE ONLY

c. Is the sitepart ofa migration route? Ifso, explain.

d. Proposed measures to preserve or enhance wildlife, ifany:

6. Energy and Natural Resources

a. What kinds ofenergy (electric, natural gas, oil, 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 ofsolar energy by adjacent properties? Ifso, generally describe.

c. What kinds of energy conservation features are included in the plans of this proposal? List otherproposed measures to reduce or control energy impacts, ifany: 

# •

7. Environmental Health

a. Are there any environmental health hazards, including exposure to toxic chemicals, risk offire and explosion, spill, orhazardous waste, that could occuras a result ofthis proposal? Ifso, describe.

1) Describe special emergency services that might be required.

2) Proposed measures to reduce or control environmental health hazards, ifany:

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 ofnoise would be created by or associated with the project on a 

# I. short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site.

(1983 Laws) ICb. 197-11 RCW-p45]

# c PartEleven-197-11-960 SEPA Rules

TO BE COMPLETED BY APPLICANT EVALUAnON FOR

AGENCY USE ONLY

3) Proposed measures to reduce orcontrol noise impacts, ifany:

8. Land and Shoreline Use

a. What is thecurrent use ofthe site and adjacent properties?

b. Has the site been used for agriculture? Ifso, describe.

c. Describe any structureson the site.

d. Will any structures be demolished? Ifso, what? 

# o

e. What is the current zoning classification ofthe site?

f. What is thecurrent comprehensive plan designation ofthe site?

g. Ifapplicable, what is the current shoreline master program designation ofthe site?

h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify.

I. Approximately how many people would reside or work in thecompleted project?

J. Approximately how many people would the completed project displace?

k. Proposed measures to avoid or reduce displacement impacts, ifany:

1. Proposed measures to ensure the proposal is compatible with existing and projected land

uses and plans, ifany: 

# o

[Ch. 197-11 RCW-p461 (1983 Laws)SEPARules

.PartEleven-197-11-960 

# • TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY

9. Housing

a. Approximately how many units would be provided, ifany? 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 orcontrol housing impacts, ifany:

10. Aesthetics

a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed?

b. Whatviews in the immediatevicinity would be altered orobstructed? 

# • c. Proposed measures to reduce orcontrol aesthetic impacts, ifany:

II. Light and Glare

a. What typeoflight orglare will the proposal produce? What timeofday would it mainly occur?

b. Could light orglare from the finished project be a safety hazard or interfere with views?

c. What existing off-site sources oflight orglare may affect your proposal?

d. Proposed measures to reduce orcontrol light and glare impacts, ifany:

12. Recreation

a. What designated and informal recreational opportunities are in the immediatevicinity?


# • b. Would the proposed project displace any existing recreationaluses? Ifso, describe

.

(1983 Laws) [Ch. 197-11 RCW-p471

# c PartEleven-197-11-960 SEPA Rules

TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY

c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, ifany:

I3. 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? Ifso, generallydescribe.

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 orcontrol impacts, ifany: 

# o

14. Transportation

a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, ifany.

b. Is site currently served by public transit? Ifnot, 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 immediatevicinity of) water, rail, or air transportation? Ifso, generally describe. 

# o

f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur.

[Ch. 197-11 RCW-p48] (1983 Laws)SEPA Rules Part Eleven-197-11-960

TO BE COMPLETED BY APPLICANT EVALUAnON FOR 

# •

g. Proposed measures to reduce orcontrol transportation impacts, ifany: AGENCY USE ONLY

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)? Ifso, generally describe.

b. Proposed measures to reduce orcontrol direct impacts on public services, ifany.

16. Utilities

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

The above answers are true and complete to the best ofmy knowledge. I understand that the lead agency is relying on them to make its decision. Signature:

. DateSubmitted:

.



# •

(1983 Laws) [Ch. 197-11 RCW-p49]

# 0 PartEleven-l97-11-960 SEPA Rules

TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE ONLY
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 ofthe elements ofthe environment.

When answering these questions, be aware of the extent the proposal, or the.types of activities likely to result from theproposal, would affect the item at a greater intensity or ata faster rate than iftheproposal were not implemented. Respond briefly and in general
terms.

I. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release oftoxic or hazardous substances; or production ofnoise?

Proposed measures to avoid or reduce such increases are:

2. How would theproposal be likely to affect plants, animals, fish; or marine life?

Proposed measures to protect orconserve plants, animals, fish, ormarine life are: 

# o

3. How would the proposal be likely to deplete energy or natural resources?

Proposed measures to protect orconserve 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 orcultural sites, wetlands, floodplains, or prime farmlands?

Proposed measures to protect such resources or to avoid or reduce impacts are:



# o

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?

lCh. 197-11 RCW-p50] (1983 Laws)SEPA Rules Part Eleven-197-11-960 

# • TO BE COMPLETED BY APPLICANT EVALUAnON FOR
AGENCY USE ONLY

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 ofthe environment. 

# •

•

(1983 Laws) leh. 197-11 RCW-p511

# c PartEleven-197-11-960 SEPA Rules

RCW 197-11-960 Adoption notice.

ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENT Adoption for (check appropriate box) 

### D DNS 0 EIS 0 other

_
Description ofcurrent proposal

_

Proponent

_

Location ofcurrent proposal

_

Titleofdocument being adopted

_
Agency that prepared document being adopted

_

Description ofdocument (or portion) being adopted 

# o

Ifthe document being adopted has been challenged (197-11-630), please describe:

Thedocument 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 decisionmaker.

Contactperson, ifother than responsible official Phone

_
Responsible official

_

Position/title Phone

_

Address

_

Date Signature

_ 

# o

[Ch. 197-11 RCW-p521 (1983 Laws)SEPA Rules PartEleven-197-11-970

RCW 197-11-970 Determination ofnonsignificance (DNS)

. 

# • DETERMINATION OF NONSIGNIFICANCE

Description ofproposal

_

Proponent

_

Location ofproposal, including street address, ifany

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). Thisdecision

was made afterreview ofa completed environmental checklist and otherinformationon file with thelead agency. This information is available to the public on request.



# o Thereis no comment period for this DNS. 

# • o This DNS is issued under 197-11-340(2);the lead agency will not act on this proposal for 15 days from the date below. Comments must be submitted by

_
Responsible official ....:-

_

Position/title Phone

_

Address

_

Date Signature

_

(OPTIONAL)



# o You may appeal this determination to (name)

at (location)

no laterthan (date) by (method)

You should.be prepared to make specific factual objections. Contact to read or ask about the procedures for SEPA appeals.



# o Thereis no agency appeal. 

# I.

(1983 Laws) [Cb. 197-11 RCW-p531

# c PartEleven-197-11-980 SEPARules

RCW 197-11-980 Determination ofsignificance and scoping notice (OS).

DETERMINATION OF SIGNIFICANCE
AND REQUEST FOR COMMENTS ON SCOPE OF EIS

Description ofproposal

_

Proponent

_

Location ofproposal

_

Lead agency

_

EISRequired. The leadagency has determined this proposal is likely to have a significant adverse impact on the environment.An environmental impact statement (EIS) is required under RCW 43.21C.030(2)(c) and will be prepared. An environmental checklist orother materials indicating likely environmental impacts can be reviewed atour offices.

The lead agency has identified the following areas for discussion in the EIS:

_

Scoping. Agencies, affected tribes, and members ofthe public are invited to comment on the scope ofthe EIS. You may comment on alternatives, mitigation measures, probable significant adverse impacts, and licenses or other ap- 

# 0

provals that may be required. The method and deadline for giving us your comments is:

Responsible official

_

Address

_

Date Signature

_

(OPTIONAL)


# o You may appeal this determination ofsignificance
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 SEPAappeals. 

# o

o Thereis no agency appeal.

lCb. 197-11 RCW-p54] (1983 Laws)SEPA Rules PartEleven-197-11-985

RCW 197-11-985 Notice ofassumption oflead agency status

. 

# • NOTICE OF ASSUMPTION OF LEAD AGENCY STATUS

Description ofproposal

_

Proponent

_

Location ofproposal

_

Initial lead agency

_

New lead agency

_

The initial lead agency concluded that this proposal was not likely to have significant adverse impact on the environment, according to its determination ofnonsignificancedated

_ 

## I

I

# I. We have reviewed the environmental checklist and related information. In our opinion, an environmental impact
statement (EIS) is required on the proposal, because ofthe following impacts:

_

You arebeing notified that we assume the responsibility oflead agency under SEPA, including the duty to prepare an EIS on the proposal.

Responsible official

_

Address

_

Date Signature



# •

(1983 Laws) [Cb. 197-11 RCW-p55]PartEleven-197-11-990 SEPA Rules

RCW 197-11-990 Notice ofaction.

NOTICE OF ACTION 

# o

NOTICE IS GIVEN UNDER SEPA, RCW43.21C.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)

_

3. DESCRIPTION OF PROPOSAL (IF NOT COVERED BY (2)):

4. LOCATION OF PROPOSAL (A SUFFICIENT DESCRIPTION SHOULD BE GIVEN TO LOCATE THE SITE, IF ANY, BUT A COMPLETE LEGAL DESCRIPTION IS NOT REQUIRED): 

# o

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

_

lCh. 197-11 RCW-p56] (1983 Laws)