(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 WAC 197-11-970
. If an agency adopts another environmental document in support of a threshold determination (Part Six), the notice of adoption (WAC 197-11-965
) and the DNS shall be combined or attached to each other.
(2) When a DNS is issued for any of the proposals listed in (2)(a), the requirements in this subsection shall be met. The requirements of this subsection do not apply to a DNS issued when the optional DNS process in WAC 197-11-355
(a) An agency shall not act upon a proposal for fourteen days after the date of issuance of a DNS if the proposal involves:
(i) Another agency with jurisdiction;
(ii) Demolition of any structure or facility not exempted by WAC 197-11-800
(2)(f) or 197-11-880;
(iii) Issuance of clearing or grading permits not exempted in Part Nine of these rules;
(iv) A DNS under WAC 197-11-350
(2), (3) or 197-11-360(4); or
(v) A GMA action.
(b) The responsible official shall send the DNS and environmental checklist to agencies with jurisdiction, the department of ecology, 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 notice under WAC 197-11-510
(c) Any person, affected tribe, or agency may submit comments to the lead agency within fourteen days of the date of issuance of the DNS.
(d) The date of issue for the DNS is the date the DNS is sent to the department of ecology and agencies with jurisdiction and is made publicly available.
(e) An agency with jurisdiction may assume lead agency status only within this fourteen-day period (WAC 197-11-948
(f) The responsible official shall reconsider the DNS based on timely comments and may retain or modify 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 with jurisdiction.
(3)(a) The lead 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) There is 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 of an applicant, any subsequent environmental checklist on the proposal shall be prepared directly by the lead agency or its consultant at the expense of the applicant.
(b) Subsection (3)(a)(ii) shall not apply when a nonexempt license has been issued on a private project.
(c) If the lead agency withdraws a DNS, the agency 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 WAC 197-11-070
[Statutory Authority: 1995 c 347 (ESHB 1724) and RCW 43.21C.110. 97-21-030 (Order 95-16), § 197-11-340, filed 10/10/97, effective 11/10/97. Statutory Authority: RCW 43.21C.110. 95-07-023 (Order 94-22), § 197-11-340, filed 3/6/95, effective 4/6/95; 84-05-020 (Order DE 83-39), § 197-11-340, filed 2/10/84, effective 4/4/84.]