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HomeMy WebLinkAboutOrdinance 95-060-CCGRANT COUNTY BOARD OF COMMISSIONERS Grant County, Washington ORDINANCE NO. 95- 60- - CC GRANT COUNTY SEPA ORDINANCE ADDING CHAPTER 24.04 TO THE GRANT COUNTY CODE STATE ENVIRONMENTAL POLICY ACT BE IT ORDAINED: Sections: Article I. General Provisions 24.04.010 Authority. 24.04.020 Adoption by reference. 24.04.030 Definitions. 24.04.040 Additional definitions. 24.04.050 Designation of responsible official. 24.04.060 Lead agency determination and responsibilities. 24.04.070 Additional considerations in time limits applicable to the SEPA process. 24.04.080 Additional timing considerations. Article II. Categorical Exemptions and Threshold Determinations. 24.04.090 Adoption by reference. 24.04.100 Flexible thresholds for categorical exemptions. 24.04.110 Use of exemptions. 24.04.120 Environmental checklist. 24.04.130 Mitigated DNS. Article III. Environmental Impact Statement (EIS) 24.04.140 Adoption by reference. 24.04.150 Preparation of EIS -- Additional considerations. 24.04.160 Additional elements to be covered by an EIS. 1 Article IV. Commenting 24.04.170 Adoption by reference. 24.04.180 Public notice. 26.04.190 Designation of official to perform consulted agency responsibilities for the county. Article V. Using Existing Environmental Documents 24.04.200 Adoption by reference. 24.04.210 SEPA public information. Article VI. SEPA and Agency Decisions 24.04.220 Adoption by reference. 24.04.230 Substantive authority. 24.04.240 Appeals. 24.04.250 Notice/statute of limitations. Article VII. Categorical Exemptions 24.04.260 Adoption by reference. Article VIII. Agency Compliance 24.04.270 Adoption by reference. 24.04.280 Fees. 24.04.290 Severability. 24.04.300 Effective Date. Article IX. Forms 24.04.310 Adoption by reference. ARTICLE I. GENERAL PROVISIONS 24.04.010 Authority. The County of Grant (the County) adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA) , RCW 43.21C.120, and the SEPA Rules, WAC 197-11-904. This chapter contains this County's SEPA procedures and policies. The SEPA rules, WAC Chapter 197-11, must be used in conjunction with this chapter. 24.04.020 Adoption by reference. This article contains the basic requirements that apply to the SEPA process. The County adopts the following sections of Chapter 197-11 of the Washington Administrative Code by reference: WAC 197-11-040 Definitions. WAC 197-11-050 Lead agency. WAC 197-11-055 Timing of the SEPA process. WAC 197-11-060 Content of environmental review. 2 WAC 197-11-070 Limitations on actions during SEPA process. WAC 197-11-080 Incomplete or unavailable information. WAC 197-11-090 Support in documents. WAC 197-11-100 Information required of applicants. 24.04.030 Definitions. This section contains uniform usage and definitions of terms under SEPA. The County adopts the following sections by reference, as supplemented by WAC 173-806-040: WAC 197-11-700 Definitions. WAC 197-11-702 Act. WAC 197-11-704 Action. WAC 197-11-706 Addendum. WAC 197-11-708 Adoption. WAC 197-11-710 Affected right. WAC 197-11-712 Affecting. WAC 197-11-714 Agency. WAC 197-11-716 Applicant. WAC 197-11-718 Built environment. WAC 197-11-720 Categorical exemption. WAC 197-11-722 Consolidated appeal. WAC 197-11-724 Consulted agency. WAC 197-11-726 Cost -benefit analysis. WAC 197-11-728 County/city. WAC 197-11-730 Decision maker. WAC 197-11-732 Department. WAC 197-11-734 Determination of nonsignificance (DNS) . WAC 197-11-736 Determination of significance (DS) . WAC 197-11-738 EIS. WAC 197-11-740 Environment. WAC 197-11-742 Environmental checklist. WAC 197-11-744 Environmental document. WAC 197-11-746 Environmental review. WAC 197-11-748 Environmentally sensitive area. WAC 197-11-750 Expanded scoping. WAC 197-11-752 Impacts. WAC 197-11-754 Incorporation by reference. WAC 197-11-756 Lands covered by water. WAC 197-11-758 Lead agency. WAC 197-11-760 License. WAC 197-11-762 Local agency. WAC 197-11-764 Major action. WAC 197-11-766 Mitigated DNS. WAC 197-11-768 Mitigation. WAC 197-11-770 Natural environment. WAC 197-11-772 NEPA. WAC 197-11-774 Nonproject. WAC 197-11-776 Phased review. WAC 197-11-778 Preparation. WAC 197-11-780 Private project. WAC 197-11-782 Probable. 3 WAC 197-11-784 Proposal. WAC 197-11-786 Reasonable alternative. WAC 197-11-788 Responsible official. WAC 197-11-790 SEPA. WAC 197-11-792 Scope. WAC 197-11-793 Scoping. WAC 197-11-794 Significant. WAC 197-11-796 State agency. WAC 197-11-797 Threshold determination. WAC 197-11-799 Underlying governmental action. 24.04.040 Additional definitions. In addition to those definitions contained within WAC 197-11-700 through 197-11-799, when used in this chapter, the following terms shall have the following meanings, unless the context indicates otherwise: (a) "County" means the municipal corporation of Grant County, Washington. (b) "Department" means any division, subdivision or organizational unit of the County established by ordinance, rule, or order. (c) "Early notice" means the County's written response to an applicant stating whether it considers issuance of a determination of significance likely for the applicant's proposal (mitigated determination of nonsignificance ( DNS) procedures) . (d) "Ordinance" means the ordinance, resolution, or other procedure used by the County to adopt regulatory requirements. (e) "SEPA rules" means WAC Chapter 197-11 adopted by the Department of Ecology. 24.04.050 Designation of responsible official. (a) For those proposals for which the County is the lead agency, the responsible official shall be the Grant County Director of the Planning Department or his/her designee. (b) For all proposals for which the County is the lead agency, the responsible official shall make the threshold determination, supervise scoping and preparation of any required environmental impact statement (EIS), and perform any other functions assigned to the "lead agency" or "responsible official" by those sections of the SEPA rules that were adopted by reference in WAC 173-806-020. 4 (c) For those proposals requiring specialized expertise, the responsible official may request information necessary to discharge his/her responsibilities under this chapter from, but not limited to, other Departments, other agencies with jurisdiction, and/or a technical advisory committee designated by the legislative authority of the County. Such information as can be reasonably supplied by those Departments, other agencies and the technical advisory committee, shall be transmitted to the responsible official in a timely manner. 24.04.060 Lead agency determination and responsibilities. (a) The Department within the County receiving an application for or initiating a proposal that involves a nonexempt action, shall forward same to the responsible official of the lead agency for that proposal under WAC 197-11-050 and 197-11-922 through 197-11-940; unless the lead agency has been previously determined or the responsible official is aware that another agency is in the process of determining the lead agency. (b) When the County is the lead agency for a proposal, the Department receiving the application shall refer the matter to the responsible official, who shall supervise compliance with the threshold determination requirements, and if an EIS is necessary, shall supervise preparation of the EIS. (c) When the County is not the lead agency for a proposal, all Departments of the County shall use and consider, as appropriate, either the DNS or the final EIS of the lead agency in making decisions on the proposal. No County Department shall prepare or require preparation of a DNS or EIS in addition to that prepared by the lead agency, unless required under WAC 197-11-600. In some cases, the County may conduct supplemental environmental review under WAC 197-11-600. (d) If the County or any of its Departments receives a lead agency determination made by another agency that appears inconsistent with the criteria of WAC 197-11-922 through 197-11-940, it may object to the determination. Any objection must be made to the agency originally making the determination and resolved within fifteen days of receipt of the determination, or the County must petition the Department of Ecology for a lead agency determination under WAC 197-11-946 within the fifteen -day time period. Any such petition on behalf of the County shall be initiated by the responsible official. (e) The responsible official is authorized to make agreements as to lead agency status or shared lead agency duties for a proposal under WAC 197-11-942 and 197-11-944; provided, that the responsible official and any Department that will incur responsibilities as the result of such agreement approve the agreement. 5 (f) The responsible official making a lead agency determination for a private project shall require sufficient information from the applicant to identify which other agencies have jurisdiction over the proposal. 24.04.070 Additional considerations in time limits applicable to the SEPA process. The following time limits (expressed in calendar days) shall apply when the County processes licenses for all private projects and those governmental proposals submitted to the County by other agencies: (a) Categorical Exemptions. The County shall identify whether an action is categorically exempt within seven days of receiving a completed application. (b) Threshold Determinations. (1) The County should complete threshold determinations that can be based solely upon review of the environmental checklist for the proposal within fifteen days of the date an applicant's adequate application and completed checklist are submitted. (2) When the responsible official requires further information from the applicant or consultation with other agencies with jurisdiction: (a) The County should request such further information within fifteen days of receiving an adequate application and completed environmental checklist; (b) The County shall wait no longer than thirty days for a consulted agency to respond; (c) The responsible official should complete the threshold determination within fifteen days of receiving the requested information from the applicant or the consulted agency. (3) When the County must initiate further studies, including field investigations, to obtain the information to make the threshold determination, the County should complete the studies within thirty days of receiving an adequate application and a completed checklist. (4) The County shall complete threshold determinations on actions where the applicant recommends in writing that an EIS be prepared, because of the probable significant adverse environmental impact (s) described in the application, within fifteen days of receiving an adequate application and completed checklist. 2 (5) The time limits set forth in this subsection shall not apply to withdrawals of affirmative and negative threshold determinations where such withdrawals are made in accordance with WAC 197-11- 340, WAC 197-11-360 or Part 7, Section 3 of this chapter. (6) When a threshold determination is expected to require more than fifteen days to complete and private applicant requests notification of the date when a threshold determination will be made, the lead agency shall transmit to the private applicant a written statement as to the expected date of decision. 24.04.080 Additional timing considerations. (a) For nonexempt proposals, the DNS or final EIS for the proposal shall accompany the County's staff recommendation to the Planning Commission or similar advisory body. (b) If the County's only action on a proposal is a decision on a building permit or other license that requires detailed project plans and specifications, the County may conduct environmental review prior to submission of the detailed plans and specifications; provided, that adequate information is furnished to allow the responsible official to make a threshold determination. ARTICLE II. CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS 24.04.090 Adoption by reference. This article contains the rules for deciding whether a proposal has a "probable significant, adverse environmental impact" requiring an environmental impact statement ( EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The County adopts the following sections by reference, as supplemented in this part: WAC 197-11-300 Purpose of this part. WAC 197-11-305 Categorical exemptions. WAC 197-11-310 Threshold determination required. WAC 197-11-315 Environmental checklist. WAC 197-11-330 Threshold determination process. WAC 197-11-335 Additional information. WAC 197-11-340 Determination of nonsignificance (DNS) . WAC 197-11-350 Mitigated DNS. WAC 197-11-360 Determination of significance (DS) /initiation of scoping. WAC 197-11-390 Effect of threshold determination. 24.04.100 Flexible thresholds for categorical exemptions. Grant County establishes the following exempt levels for minor new construction under WAC 197- 11-800 (1) (b) based on location conditions: (1) For residential units in WAC 197-11-800(a) (b) (i) : Up to twenty dwelling units. 7 (2) For agricultural structures in WAC 197-11-800(a) (b) (ii) : Up to 30,000 square feet. (3) For office, school, commercial, recreational, service or storage buildings in WAC 197-11-800(a) (b) (iii) : Up to 12,000 square feet and parking 40 spaces. (4) For parking lots in WAC 197-11-800(a) (b) (iv) : Up to 40 parking spaces. (5) For landfills and excavations in WAC 197-11-800(a) (b) (v) : Up to 500 cubic yards. 24.04. 110 Use of Exemptions. (a) Upon receipt of an application for a license or a governmental proposal, by a Department within the County, the responsible official shall determine whether the license and/or the proposal is exempt. The responsible official's determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of this chapter apply to the proposal. The County shall not require completion of an environmental checklist for an exempt proposal. (b) In determining whether or not a proposal is exempt, the responsible shall make certain the proposal is properly defined and shall identify the governmental licenses required (WAC 197-11-060) . If a proposal includes exempt and non-exempt actions, the responsible official shall determine the lead agency, even if the license application that triggers the responsible official's consideration is exempt. (c) If a proposal includes both exempt and nonexempt actions, the County may authorize exempt actions prior to compliance with the procedural requirements of this chapter, except that: (1) The County shall not give authorization under this subsection for: (a) Any nonexempt action; (b) Any action that would have an adverse environmental impact; (c) Any action that would limit the choice of alternatives; (2) A responsible official may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action (s) were not approved; and (3) A Department may withhold approval of exempt actions that would lead to substantial financial expenditures by a private applicant when the expenditures would serve no purpose if nonexempt action (s) were not approved. E3 24.04.120 Environmental checklist. (a) A completed environmental checklist substantially in the form provided in WAC 197-11-960, shall be filed at the same time as an application for a permit, license, certificate, or other approval not specifically exempt in this chapter; except, a checklist is not needed if the County and applicant agree an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The County shall use the environmental checklist to determine the lead agency and, if the County is the lead agency, for determining the responsible official and for making the threshold determination. (b) For private proposals, the County will require the applicant to complete the environmental checklist, providing assistance as necessary. For County proposals, the Department initiating the proposal shall complete the environmental checklist for that proposal. (c) The County may require that it, and not the private applicant, will complete all or part of the environmental checklist for a private proposal if the County has technical information on a question or questions that is unavailable to the private applicant. (d) For all proposals for which the County is the lead agency, the responsible official of the County shall make the threshold determination pursuant to the criteria and procedures of WAC 197-11- 310 through 340, subject to the appeal procedures of Section 24.04.240 of this chapter. 24.04.130 Mitigated DNS. (a) As provided in this section and in WAC 197-11-350, the responsible official may issue a DNS based on conditions attached to the proposal by the responsible official or on changes to, or clarifications of, the proposal made by the applicant. (b) An applicant may request in writing early notice of whether a DS is likely under WAC 197-11-350. The request must: (1) Follow submission of a permit application and environmental checklist for a nonexempt proposal for which the County is lead agency; and (2) Precede the County's actual threshold determination for the proposal. (c) The responsible official should respond to the request for early notice within fifteen days. The response shall: (1) Be written; (2) State whether the County currently considers issuance of a DS likely and, if so, indicate the general or specific areas(s) of concern that is/are leading the County to consider a DS; and (3) State that the applicant may change or clarify the proposal to mitigate the indicated impacts, revising the environmental checklist and/or permit application as necessary to reflect the changes or clarifications. (d) As much as possible, the County should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures. (e) When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the County shall base its threshold determination on the changed or clarified proposal and should make the determination within fifteen days of receiving the changed or clarified proposal: (1) If the County indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the County shall issue and circulate a DNS under WAC 197-11-340(2) . (2) If the County indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the County shall make the threshold determination, issuing a DNS or DS as appropriate. (3) The applicant's proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to "control noise" or "prevent stormwater runoff" are inadequate, whereas proposals to "muffle machinery to X decibel" or "construct 200 -foot stormwater retention pond at Y location" are adequate. (4) Mitigation measures which justify issuance of a mitigated DNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents. (f) Mitigated DNS's issued under WAC 197-11-340(2) , require a fifteen -day comment period and public notice. (g) Mitigation measures incorporated in the mitigated DNS shall be deemed conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit, or enforced in any manner specifically prescribed by the county. 10 (h) If the County's tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the County should evaluate the threshold determination to assure consistency with WAC 197-11-340(3) (a) (withdrawal of DNS) . (i) The County's written response under subsection (b) of this section shall not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice, shall not bind the County to consider the clarifications or changes in its threshold determination. ARTICLE III. ENVIRONMENTAL IMPACT STATEMENT (EIS) 24.04.140 Adoption by reference. This article contains the rules for preparing environmental impact statements. The County adopts the following sections by reference, as supplemented by this part: WAC 197-11-400 Purpose of EIS. WAC 197-11-402 General requirements. WAC 197-11-405 WIS types. WAC 197-11-406 EIS timing. WAC 197-11-408 Scoping. WAC 197-11-410 Expanded scoping. WAC 197-11-420 EIS preparation. WAC 197-11-425 Style and size. WAC 197-11-430 Format. WAC 197-11-435 Cover letter or memo. WAC 197-11-440 EIS contents. WAC 197-11-442 Contents of EIS on nonproject proposals. WAC 197-11-443 EIS contents when prior nonproject EIS. WAC 197-11-444 Elements of the environment. WAC 197-11-448 Relationship of EIS to other considerations. WAC 197-11-450 Cost -benefit analysis. WAC 197-11-455 Issuance of DEIS. WAC 197-11-460 Issuance of FEIS. 24.04.140 Preparation of EIS --Additional considerations. (a) Preparation of draft and final EIS (DEIS and FEIS) and draft and final supplemental EIS (SEIS) is the responsibility of the Grant County Planning Department under the direction of the responsible official. Before the County issues an EIS, the responsible official shall be satisfied that it complies with this chapter and WAC Chapter 197-11. 11 (b) The responsible official shall determine whether the DEIS and FEIS and draft and final SEIS shall be prepared by County staff, the applicant, or by consultant. If the responsible official requires an EIS for a proposal and determines that someone other than the County will prepare the EIS, the responsible official shall notify the applicant immediately after completion of the threshold determination. The responsible official shall also notify the applicant of the County's procedure for EIS preparation, including approval of the DEIS and FEIS prior to distribution. (c) The County may require an applicant to provide information the County does not possess, including specific investigations. However, the applicant is not required to supply information that is not required under this chapter or that is being requested from another agency. (This does not apply to information the County may request under another ordinance or statute.) (d) In the event that an EIS is to be prepared by a private applicant or a consultant retained by the private applicant, the responsible official shall assure that the EIS is prepared in a responsible manner and with appropriate methodology. The responsible official shall direct the areas of research and examination to be undertaken, as well as the organization of the resulting document. 24.04.160 Additional elements to be covered by an EIS. The following additional elements are part of the environment for the purpose of EIS content, but do not add to the criteria for threshold determinations or perform any other function or purpose under this chapter. When the decision is made to require an EIS, the responsible official will at that time, determine which, if any, of the following additional elements are to be included in the draft and final statement: (a) Economy; (b) Social policy analysis; (c) Cost -benefit analysis. ARTICLE IV. COMMENTING 24.04.170 Adoption by reference. This article contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The County adopts the following sections by reference, as supplemented in this part: WAC 197-11-500 Purpose of this part. WAC 197-11-502 Inviting comment. WAC 197-11-504 Availability and cost of environmental documents. WAC 197-11-508 SEPA register. WAC 197-11-535 Public hearings and meeting. WAC 197-11-545 Effect of no comment. WAC 197-11-550 Specificity of comments. 12 WAC 197-11-560 FEIS response to comments. WAC 197-11-570 Consulted agency costs to assist lead agency. 24.04.180 Public notice. (a) Whenever the County issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3), the County shall give public notice as follows: (1) If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due. (2) If no public notice is required for the permit or approval, the County shall give notice of the DNS or DS by: (a) Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located; and (b) Notifying the news media; (3) Whenever the County issues a DS under WAC 197-11-360(3), the County shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice. (b) Whenever the County issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by: (1) Indicating the availability of the DEIS in any public notice required for a nonexempt license; (2) Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located; and (3) Notifying the news media. (c) Whenever possible, the County shall integrate the public notice required under this section with existing notice procedures for the County's nonexempt permit (s) or approval (s) required for the proposal. 24.04.190 DesiLrnation of official to perform consulted agency responsibilities for the county. (a) The responsible official shall be responsible for preparation of written comments for the County in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS. 13 (b) The responsible official shall be responsible for the County's compliance with WAC 197-11-550 whenever the County is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate Departments of the county. ARTICLE V. USING EXISTING ENVIRONMENTAL DOCUMENTS 24.04.200 Adoption by reference. This article contains rules for using, supplementing and retaining existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the County's own environmental compliance. The County adopts the following sections by reference: WAC 197-11-600 When to use existing environmental documents. WAC 197-11-610 Use of NEPA documents. WAC 197-11-620 Supplemental environmental impact statement -- Procedures. WAC 197-11-625 Addenda --Procedures. WAC 197-11-630 Adoption --Procedures. WAC 197-11-635 Incorporation by reference --Procedures. WAC 197-11-640 Combining documents. 24.04.210 SEPA public information. (a) Information and documents relating to SEPA activities for the County shall be retained at the following location: Grant County Planning Department 332 West Division Ephrata, WA 98823 (b) The County shall retain all documents required by the SEPA rules (WAC Chapter 197-11) and make them available in accordance with Chapter 42.17 RCW. ARTICLE VI. SEPA AND AGENCY DECISIONS 24.04.220 Adoption by reference. This article contains rules (and policies) for SEPA's substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This article also contains procedures for appealing SEPA determinations to agencies or the courts. The County adopts the following sections by reference: WAC 197-11-650 Purpose of this part. WAC 197-11-655 Implementation. WAC 197-11-660 Substantive authority and mitigation. WAC 197-11-680 Appeals. 14 24.04.230 Substantive authority. (a) The policies and goals set forth in this chapter are supplementary to those in the existing authorization of the County. (b) The County may attach conditions to a permit or approval for a proposal so long as: (1) Such conditions are necessary to mitigate specific probable adverse environmental impacts identified in environmental documents prepared pursuant to this chapter; and (2) Such conditions are in writing; and (3) The mitigation measures included in such conditions are reasonable and capable of being accomplished; and (4) The County has considered whether other local, state, or federal mitigation measures applied to the proposal are sufficient to mitigate the identified impacts; and (5) Such conditions are based on one or more policies in subsection (d) of this section and cited in the license or other decision document. (c) The County may deny a permit or approval for a proposal on the basis of SEPA so long as: (1) A finding is made that approving the proposal would result in probable significant adverse environmental impacts that are identified in a FEIS or final SEIS prepared pursuant to this chapter; and (2) A finding is made that there are no reasonable mitigation measures capable of being accomplished that are sufficient to mitigate the identified impact; and (3) The denial is based on one or more policies identified in subsection (d) of this section and identified in writing in the decision document. (d) The County designates and adopts by reference the following policies as the basis for the County's exercise of authority pursuant to this section. (1) The County shall use all practicable means, consistent with other essential considerations of State policy, to improve and coordinate plans, functions, programs, and resources to the end that the state and its citizens may: 15 (a) Fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (b) Assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings; (c) Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; national heritage; (d) Preserve important historic, cultural, and natural aspects of our national heritage; (e) Maintain, wherever possible, an environment which supports diversity and variety of individual choice; (f) Achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life's amenities; and (g) Enhance the quality of renewable resources and approach and maximum attainable recycling od depletable resources. (2) The County recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment. (3) The County adopts by reference the policies in the following County codes, ordinances, resolutions, and plans as they now exist or are hereafter amended or supplemented: (a) Grant County Comprehensive Plan; (b) Grant County Shorelines Master Program; (c) Grant County Solid Waste Management Plan; (d) Grant County Six Year Transportation Improvement Program; (e) Grant County Annual Road Construction Program; (f) Priority Array; (g) Grant County Zoning Ordinances; (h) Grant County Subdivision Ordinances; 16 (i) Grant County Binding Site Plan Ordinance; (j) Uniform Building Code; (k) Uniform Plumbing Code; (1) Uniform Mechanical Code; (m) Uniform Fire Code; (n) Grant County Resource Lands and Critical Areas Development Ordinance; (o) QUAD -CO Regional Transportation Plan; (p) Bridge Sufficiency Listing; (q) Grant County Standards for Road and Bridge Construction; (s) Grant County/Lincoln/Adams Moderate Risk Waste Management Plan. (e) The overriding policy of the County is to mitigate or prevent adverse environmental impacts which may be caused by its actions. 24.04.240 Appeals. (a) The County establishes the following administrative appeal procedures under RCW 43.21C.060, RCW 43.21C.275 and WAC 197-11-680. (1) Any agency or person may appeal the County's procedural compliance with WAC Chapter 197-11 for issuance of the following: (a) A final DNS: Appeal must be made to the board of Grant County Commissioners within fourteen (14) days of the date the DNS is final by filing a written notice of appeal with the Grant County Planning Department setting forth the principal points on which the appeal is based, together with the filing fee established by Section 24.04.280. (b) A DS: Appeal must be made to the Board of Grant County Commissioners within fourteen (14) days of the date the DS is issued by filing a written notice of appeal with the Grant County Planning Department setting forth the principal points upon which the appeal is based, together with the filing fee established by Section 24.04.280 herein. 17 (2) Appeals under this subsection shall be heard by the Board of Grant County Commissioners, or the Hearing Examiner if designated by the Grant County Commissioners, at a public meeting to be scheduled within thirty days of the date the appeal is filed. The County shall provide for a record that shall consist of the following: (a) Findings and conclusions; (b) Testimony under oath; (c) A taped or written transcript. (3) The procedural determination of the responsible official shall carry substantial weight in any appeal proceeding. (4) Utilizing the criteria set forth in RCW 43.21C, Chapter 197-11 WAC, and this chapter, the Grant County Commissioners or Hearing Examiner may affirm or reverse the decision of the responsible official or implement the additional information gathering mechanisms of WAC 197-11-335. In the event the decision of the responsible official is reversed, the board shall issue its own DS, DNS, or mitigated DNS in accordance with the procedures set forth in WAC Chapter 197-11 and this chapter. (5) Only one appeal of the threshold determination shall be allowed on a proposal. (b) There shall be no separate administrative appeal pursuant to RCW 43.21C.060 of decisions by nonelected officials to condition or deny applications on the basis of SEPA . Administrative appeals of decisions to condition or deny applications on the basis of SEPA shall be consolidated in all cases with administrative appeals, of any provided by state law or County ordinance on the merits of the proposal. 24.04.250 Notice/statute of limitations. (a) The County, applicant for, or proponent of an action may publish a notice of action pursuant to RCW 43.21C.080 for any action. (b) The form of notice shall be substantially in the form provided in WAC 197-11-990. The notice shall be published by the Clerk of the Board of County Commissioners or designee, applicant or proponent, pursuant to RCW 43.21C.080. ARTICLE VII. CATEGORICAL EXEMPTIONS 24.04.260 Adoption by reference. The County adopts by reference the following rules for categorical exemptions, as supplemented in this chapter, including WAC 173-806-070 (flexible thresholds) and WAC 173-806-080 (use of exemptions) : 18 WAC 197-11-800 Categorical exemptions. WAC 197-11-880 Emergencies. WAC 197-11-890 Petitioning DOE to change exemptions. ARTICLE VIII. AGENCY COMPLIANCE 24.04.270 Adoption by reference. This article contains rules for agency compliance with SEPA, including rules for charging fees under the SEPA process, listing agencies with environmental expertise, selecting the lad agency, and applying these rules to current agency activities. The County adopts the following sections by reference, as supplemented by WAC 173-806-045 through 173-806-043 and this article: WAC 197-11-900 Purpose of this part. WAC 197-11-902 Agency SEPA policies. WAC 197-11-916 Application to ongoing actions. WAC 197-11-920 Agencies with environmental expertise. WAC 197-11-922 Lead agency rules. WAC 197-11-924 Determining the lead agency. WAC 197-11-926 Lead agency for governmental proposals. WAC 197-11-928 Lead agency for public and private proposals. WAC 197-11-930 Lead agency for private projects with one agency with jurisdiction. WAC 197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city. WAC 197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county, and one or more state agencies. WAC 197-11-936 Lead agency for private projects requiring licenses from more than one state agency. WAC 197-11-938 Lead agencies for specific proposals. WAC 197-11-940 Transfer of lead agency status to a state agency. WAC 197-11-942 Agreements on lead agency status. WAC 197-11-944 Agreements on division of lead agency duties. WAC 197-11-946 DOE resolution of lead agency disputes. WAC 197-11-948 Assumption of lead agency status. 24.04.280 Fees. The County shall require the following fees for its activities in accordance with the provisions of this ordinance: (1) Threshold Determination. For every environmental checklist the County will review when it is lead agency, the Grant County Planning Department shall collect a fee of one hundred dollars from the proponent of the proposal prior to undertaking the threshold determination. The time periods provided by this chapter for making a threshold determination shall not begin to run until payment of the fee. When the County completes the environmental checklist at the applicant's request or under Section 24.04.120, an additional fifty dollars shall be collected by the Planning Department. 19 (2) Environmental Impact Statement. (a) When the County is the lead agency for a proposal requiring an EIS and the responsible official determines that the EIS shall be prepared by employees of the county, the County may charge and collect a reasonable fee from any applicant to cover costs incurred by the County in preparing the EIS. The responsible official shall advise the applicant (s) of the projected costs for the EIS prior to actual preparation; the applicant shall post bond or otherwise ensure payment of such costs. (b) The responsible official may determine that the County will contract directly with a consultant for preparation of an EIS, or a portion of the EIS, for activities initiated by some persons or entity other than the County and may bill such costs and expenses directly to the applicant. The County may require the applicant to pot bond or otherwise ensure payment of such costs. Such consultants shall be selected by mutual agreement of the County and applicant after a call for proposals. (c) If a proposal is modified so that an EIS is no longer required, the responsible official shall refund any fees collected under (a) and (b) of this subsection which remain after incurred costs are paid. (3) Appeals. For threshold determination appeals made under Section 24.04.240, the Grant County Planning Department shall collect a fee of ninety dollars from the appellant. An appeal is not considered complete until payment of the fee to the Planning Department. If there is more than one appellant to the same threshold determination, only one fee shall be collected. (4) The County shall not collect a fee for performing its duties as a consulted agency. (5) The County may charge any person for copies of any document prepared under this chapter, and for mailing the document, in a manner provided by Chapter 42.17 RCW. 24.04.290 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 of the provision to other persons or circumstances, shall not be affected. 24.04.300 Effective Date. This ordinance shall take effect and be in force on May , 1995. ARTICLE IX. FORMS 24.04.310 Adoption by reference. The County adopts the following forms and sections by reference: +Til WAC 197-11-960 Environmental checklist. WAC 197-11-965 Adoption notice. WAC 197-11-970 Determination of nonsignificance (DNS) . WAC 197-11-980 Determination of significance and scoping notice (DS) . WAC 197-11-985 Notice of assumption of lead agency status. WAC 197-11-990 Notice of action. PASSED this day of May, 1995. AT ST: �f o Clerk Board / q APPROVED AS TO FORM Y: S en allstrom D uty rosecuting Attorney PUBLISHED: S'/ BOARD OF COUNTY COMMISSIONERS GRANT COUNT ,WASHINGTON Tim Sn d, hair Helen Fancher, Member LeRoy. v Allison, Member 21