Washington Administrative Code › Title 197 - Ecology, Department of (Environmental Policy, Council on) › Chapter 197-11 - SEPA rules › Part TEN - AGENCY COMPLIANCE › Section 197-11-938 - Lead agencies for specific proposals

Current through Register Vol. 24-14, July 15, 2024
Notwithstanding the lead agency designation criteria contained
				  in WAC 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 initiating the project.
(2) For all private projects relating to the
				use of geothermal resources under chapter 79.76 RCW, the lead agency shall be the
				department of natural resources.
(3)
				For all private projects requiring a license or other approval from the oil and
				gas conservation committee under
				chapter
				78.52 RCW, the lead agency
				shall be the department of natural resources; however, for projects under
				RCW
				   78.52.125, the EIS shall be prepared in
				accordance with that section.
(4) For
				private activity requiring a license or approval under the Forest Practices Act
				of 1974, chapter 76.09
				RCW, the lead agency shall be either the department of natural resources or the
				city/county where the project is located, as set forth below:
(a) The interagency agreements authorized by
				WAC 222-50-030 between the department
				of natural resources and other governmental agencies may be used to identify SEPA
				lead agency status for forest practice applications. If used, this agreement
				shall meet the requirements for a lead agency agreement in WAC
				197-11-942.
(b) If no interagency agreement exists, the
				SEPA lead agency determination shall be based on information in the environmental
				checklist required as part of the forest practice application requiring SEPA
				review. The applicant shall, as part of the checklist, submit all information on
				future plans for conversion, and shall identify any known future license
				requirements.
(c) For any proposal
				involving forest practices (i) on lands being converted to another use, or (ii)
				on lands which, pursuant to
				RCW
				   76.09.070 as now or hereafter amended, are not
				to be reforested because of the likelihood of future conversion to urban
				development, the applicable county or city is the lead agency if the county or
				city will require a license for the proposal. Upon receipt of a forest practice
				application and environmental checklist, natural resources shall determine lead
				agency for the proposal. If insufficient information is available to identify
				necessary permits, natural resources shall ask the applicant for additional
				information. If a permit is not required from the city/county, natural resources
				shall be lead agency. If a city/county permit is required, natural resources
				shall send copies of the environmental checklist and forest practice application
				together with the determination of the lead agency to the city/county.
(d) Upon receipt and review of the
				environmental checklist and forest practice application, the city/county shall
				within ten business days:
(i) Agree that a
				city/county license is required, either now or at a future point, and proceed
				with environmental review as lead agency.
(ii) Determine that a license is not required
				from the city/ county, and notify natural resources that the city/county is not
				lead agency; or
(iii) Determine there
				is insufficient information in the environmental checklist to identify the need
				for a license, and either:
(A) Assume lead
				agency status and conduct appropriate environmental analysis for the total
				proposal;
(B) Request additional
				information from the applicant; or
(C) Notify natural resources of the specific
				additional information needed to determine permit requirements, who shall request
				the information from the applicant.