18.04.140 Mitigated DNS – Early Notice.
1. As provided in this section and in WAC 197-11-350, the Responsible Official may issue a determination of non-significance (DNS) based on conditions he attaches to the proposal, or on changes to, or clarifications of, the proposal made by the applicant.
2. An applicant may request early notice of the likelihood of a DS. His written request must be made after his application and environmental checklist but before the City’s actual threshold determination.
3. The Responsibility Official will respond within fifteen working days indicating whether the City considers issuance of a DS likely, and, if so, the areas of concern. The applicant may change or clarify his proposal to mitigate the indicated impacts and revise his environmental checklist or permit/license application.
4. The City will assist in identifying the impacts to the extend necessary to formulate mitigating measures.
5. If an applicant submits a changed or clarified proposal or a revised environmental checklist, the City will base its threshold determination on the changed or clarified proposal within fifteen days.
a. If the proposal includes sufficient specific, mitigating measures, the City will issue and circulate a determination of non-significance.
b. The City will make the threshold determination if the proposal does not include sufficient, specific, mitigating measures.
c. Proposed mitigating measures must be in writing and specific. For example, proposals to “control noise” or “prevent storm water runoff” are inadequate. Proposals to “muffle machinery to “X” decibel” or “construct 200 feet storm water retention pond at “Y” location” are adequate.
d. Mitigating measures may be incorporated in the DNS by reference to agency reports, studies, or other documents.
6. A mitigated DNS is subject to a fifteen-day comment period and public notice.
7. Mitigating measures incorporated in a DNS become conditions of the permit/license and will be enforced accordingly.
8. The City’s Early Notice is not a determination of significance. Discussion on clarifications or changes to a proposal, as opposed to a written request for early notice, do not bind the City to consider the clarifications or changes in its threshold determination.