Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-12 - Transportation commission and transportation department State Environmental Policy Act rules › Section 468-12-510 - Public notice procedures

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department shall inform the public of actions requiring notice and invitation
			 to comment under WAC
			 197-11-502 and
			 197-11-510 in the following
			 manner:
(a) For a determination of
			 nonsignificance (DNS) or a mitigated DNS, issued under WAC
			 197-11-340(2)
			 and 197-11-350 and requiring public
			 notice under WAC
			 197-11-502(3)(b);
			 by (i) sending a copy of the DNS and the letter of transmittal sent to the
			 department of ecology pursuant to WAC
			 197-11-508, to a newspaper of
			 general circulation in the county, city, or general area where the proposed
			 action is located, agencies with jurisdiction, affected Indian tribes, and each
			 local agency or political subdivision whose public services would be changed as
			 a result of implementation of the proposal; and (ii) any other agency,
			 organization, or member of the public who has made a specific request for
			 information on the proposed action in writing to the department. Each person
			 requesting information shall submit such request individually in writing by
			 mail.
(b) For a determination of
			 significance (DS) issued under WAC
			 197-11-360 and requiring public
			 notice under WAC
			 197-11-502(4)(a);
			 by (i) publishing notice in a newspaper of general circulation in the county,
			 city, or general area where the proposed action is located; (ii) sending a copy
			 of the DS to any agencies with jurisdiction, affected Indian tribes, and any
			 other agencies, members of the public, and organizations who have commented on
			 the proposed action in writing to the department or expressed in writing to the
			 department an interest in the proposed action; and (iii) using one or more of
			 the other methods specified in WAC
			 197-11-510(1)(a), (d), (e), and
			 (f), as selected by the department;
(c) For a draft EIS issued under WAC
			 197-11-455 and requiring public
			 notice under WAC
			 197-11-455(5)
			 and for a public hearing held under WAC
			 197-11-535 and requiring public
			 notice under WAC
			 197-11-502(6);
			 by (i) publishing notice in a newspaper of general circulation in the county,
			 city, or general area where the proposed action is located; (ii) sending notice
			 of the availability of the draft EIS or the notice of the hearing to any
			 agencies with jurisdiction, affected Indian tribes, and any other agencies,
			 members of the public, and organizations who have commented on the proposed
			 action in writing to the department or expressed in writing to the department
			 an interest in the proposed action; and (iii) using one or more of the other
			 methods specified in WAC
			 197-11-510(1)(a), (d), (e), and
			 (f), as selected by the department;
(d) For a final EIS issued under WAC
			 197-11-460 the document shall be
			 sent to (i) the department of ecology (two copies), (ii) all agencies with
			 jurisdiction, (iii) all agencies who commented on the draft EIS, and (iv)
			 anyone requesting a copy of the final EIS. (As determined by the department a
			 fee may be charged for the final EIS in accordance with WAC
			 197-11-504);
(e) For a notice of administrative review
			 issued and requiring public notice pursuant to WAC
			 468-12-680:
(i) By publishing notice on the same day of
			 each week for two consecutive weeks in a legal newspaper of general circulation
			 in the area where the proposed action is located;
(ii) By filing notice of such action with the
			 department of ecology in Olympia prior to the date of the last newspaper
			 publication, and by one of the following methods which shall be accomplished
			 prior to the date of the last newspaper publication:
(A) Mailing to the latest recorded real
			 property owners, as shown by the records of the county treasurer, who share a
			 common boundary line with the property upon which the project is proposed
			 through United States mail, first class, postage prepaid; or
(B) Posting of the notice in a conspicuous
			 manner on the property upon which the project is to be constructed;
(iii) The form of such notice of
			 administrative review shall be substantially as follows:
NOTICE OF ADMINISTRATIVE REVIEW
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
NOTICE IS GIVEN UNDER SEPA,
							 CHAPTER
							 43.21C RCW, WAC
							 197-11-680,
							 468-12-680, AND
							 468-12-510, THAT THE WASHINGTON
							 STATE DEPARTMENT OF TRANSPORTATION TOOK THE ACTION DESCRIBED IN 2. BELOW ON . .
							 . . ..
1. ANY ACTION TO SET ASIDE, ENJOIN, REVIEW, OR
							 OTHERWISE CHALLENGE SUCH ACTION ON THE GROUNDS OF NONCOMPLI-ANCE WITH THE
							 PROVISIONS OF
							 CHAPTER
							 43.21C RCW (STATE
							 ENVIRONMENTAL POLICY ACT) SHALL BE COMMENCED BY ADMINISTRATIVE REVIEW, ON OR
							 BEFORE . . . . . . A PARTY DESIRING JUDICIAL REVIEW OF THE DECISION RESULTING
							 FROM SUCH ADMINISTRATIVE REVIEW SHALL COMMENCE SUCH APPEAL WITHIN: (A) NINETY
							 DAYS OF THE ISSUANCE OF THIS NOTICE OF ACTION OR (B) THIRTY DAYS AFTER SERVICE
							 OF THE FINAL DECISION OF THE DEPARTMENT, WHICHEVER IS LATER.
2. DESCRIPTION OF AGENCY ACTION: . . . . . . . . . .
							 ..
. . . . . . . . . . ..
. . . . . . . . . . ..
3. DESCRIPTION OF PROPOSAL: . . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
4. LOCATION OF PROPOSAL: . . . . . . . . . . ..
. . . . . . . . . . ..
. . . . . . . . . . ..
5. TYPE OF ENVIRONMENTAL REVIEW UNDER SEPA: . . . . .
							 . . . . . ..
. . . . . . . . . . ..
6. DOCUMENTS MAY BE EXAMINED DURING REGULAR BUSINESS
							 HOURS AT:
. . . . . . . . . . ..
7. THIS NOTICE IS FILED BY . . . . . . . . . . . . .
							 . . . . . . . . . . . ., P.E.
PROJECT DEVELOPMENT ENGINEER
DATE: . . . . . . . . . . ..
THIS DETERMINATION MAY BE APPEALED IN WRITING TO:
							 PROJECT DEVELOPMENT ENGINEER; TRANSPORTATION BUILDING, MAILSTOP KF-01; OLYMPIA,
							 WA 98504
NO LATER THAN . . . . . . . . . . ..
YOU SHOULD BE PREPARED TO MAKE SPECIFIC FACTUAL
							 OBJECTIONS. CONTACT LOCATION DESIGN ENGINEER; TRANSPORTATION BUILDING; MAILSTOP
							 KF-01; OLYMPIA, WA 98504; PHONE (360) 753-6141 TO READ OR ASK ABOUT THE
							 PROCEDURES FOR SEPA APPEALS.