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transcript
SEPA WORKSHOPJUNE 7, 2010
CULTURAL RESOURCE PLANNING SUMMIT
Department of Ecology
Annie Szvetecz
Department of Archeology &
Historic Preservation
Gretchen Kaehler
Objectives of the Session Review the basics
○ What is SEPA?
○ Why do SEPA?
○ Who does SEPA?
○ When to do SEPA?
○ How to do SEPA?
○ What to do with SEPA?
Discuss how Impacts to Cultural and Historic Resources can be addressed through SEPA -Identification of likely impacts
-Mitigation for those impacts
Discuss public/agency review and commenting
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What is SEPA? State Environmental Policy Act
Enacted in 1971
Modeled after the National Environmental Policy Act (NEPA)
Enacted in 1969
SEPA established statewide environmental policy and agency responsibilities to protect the environment
Requires agencies to consider broad range of impacts from agency actions and the use of public funds
Authorizes agencies to condition or deny proposals to carry out SEPA policies and agency responsibilities
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SEPA Policy
“The legislature 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.” (RCW 43.21C.020(3))
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What are our responsibilities?
Improve and coordinate agency decisions to:
(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;
(d) Preserve important historic, cultural, and natural
aspects of our national heritage;
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What are our responsibilities?
Applies to all state and local public agencies
Agency decision-makers must consider likely
environmental consequences of their actions.
Agency decision-makers may use supplemental
authority to protect the environment.
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Key Aspects of SEPA Process
Identification, disclosure and involvement process
for other agencies and the public
Addresses regulatory gaps and overlaps through
use of supplemental authority
Reviews impacts early in process
Streamlines decision-making
○ identifies mitigation early in permit process
○ integrates with agency planning and permitting
○ adopts existing environmental analysis
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When Do SEPA?
What Triggers SEPA?
Nonproject actions
Agency decisions on policies, plans, or
regulations
Project actions
Agency decisions to license, fund, or
undertake a proposal (public or private)
Agency decisions to purchase, sell, or
lease resources
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How: SEPA Review Process
Determine if SEPA is required
Identify the SEPA lead agency
Evaluate the proposal
Identify impacts, alternatives, mitigation
Issue a DNS, MDNS or DS/EIS
Consider feedback
Complete the review process
Make an informed decision
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Application or Agency Proposal
Review for Exemption
Determine SEPA Lead Agency
Evaluate the Proposal
Are significant impacts likely?
If Significant
DS/Scoping Notice
(14-30 day review)
Issue Draft EIS
(30 day)
Issue Final EIS
(7 day wait)
Agency Decision
If Nonsignificant
Issue DNS (or MDNS)
(May have 14 day review)
If DNS comment period,
retain, modify, withdraw
Agency Decision
(unless DNS is withdrawn)
SEPA is a Collaboration
Environmental review required under
SEPA goes beyond any one agency’s
Expertise
Interagency consultation and cooperation
Review and commenting on documents
Applicant and consultant Involvement
Public involvement
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Agency Roles
Lead Agency/Co-Lead Agencies
Threshold determination
Preparation of documents
Agency with Jurisdiction
Agency with Expertise
Affected local jurisdiction
Consulted Agency
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Is SEPA Required?
Is the entire proposal defined?
Is an agency taking an action?
Is the proposal or action exempt?
Has SEPA already been completed?
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Application or Agency Proposal
Review for Exemption
Determine SEPA Lead Agency
Evaluate the Proposal
Are significant impacts likely?
If Significant
DS/Scoping Notice
(14-30 day review)
Issue Draft EIS
(30 day)
Issue Final EIS
(7 day wait)
Agency Decision
If Nonsignificant
Issue DNS (or MDNS)
(May have 14 day review)
If DNS comment period,
retain, modify, withdraw
Agency Decision
(unless DNS is withdrawn)
Categorical Exemptions
Statutory exemptions in SEPA
SEPA Rule exemptions in WAC 197-11
Part Nine
City/county options
Flexible exemption levels
Eliminate exemptions in critical areas
In-fill exemptions (2003 Legislation)
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Exemptions in General
Exemption can be specific to type of
activity (project or non-project)
Example is minor new construction activities
Exemption can be specific to the type of
agency decision
short plat subdivision (minor land use decisions)
Hydraulic Project Approval from WDFW if under
50 cu/yd of dredging
Water quality certification
Evaluating the proposal
Review the environmental checklist
Identify other information
Determine consistency
Identify existing conditions
Identify impacts to the environment
Identify possible mitigation measures
Make a threshold determination
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Elements of the Environment
Natural
• Earth
• Air
– Odor
– climate
• Water
• Plants/Animals
• Energy/Natural Resources
– Scenic resources
Built
• Environmental Health
– Noise
• Land/Shoreline Use
– Light and glare
– Aesthetics
– Historic and cultural
• Transportation
• Public Services/Utilities
Environmental Checklist
Environmental checklist includes:
Existing conditions
Changes caused by the proposal
Applicant’s proposed mitigation
Checklist does not include:
Analysis of impacts
List of conditions and requirements of other
regulations
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Evaluating the Checklist
Lead agency reviews (and is responsible) for
complete and accurate information
Lead agency notes comments and makes
changes to checklist if necessary
Distribute draft checklist for interagency
Consultation
Requests additional information from applicant if
necessary
Cultural Resources & the Checklist
Question 13: Historic and cultural preservation
Are there any places or objects listed on, or
proposed for, national, state, or local preservation
registers known to be on or next to the site? If so,
generally describe.
Generally describe any landmarks or evidence of
historic, archaeological, scientific, cultural
importance known to be on or next to the site.
Proposed measures to reduce or control impacts, if
any:
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Current Guidance for #13
--For information, be sure to contact: the local
government planning office; tribal cultural resource
staff, the local historic preservation office (if available),
a local historical organization (i.e. museum, society,
etc.) or a nearby university program (i.e. archaeology,
anthropology) to determine whether or not there are
already known historic properties in or adjacent to the
project area.
--Log on to www.dahp.wa.gov and use the WISAARD
search engine to see if there are National Register
properties in or adjacent to the project area.
Link to Guidance
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What should Lead Agencies Know?
What is a cultural resource?
Historic buildings/structures
Archaeological sites
Traditional Cultural areas/properties
Current cultural areas/uses
How to screen for these types of resources?
Who to contact for screening/predictive model?
Who to contact if resources are identified?
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Additional Information
Checklist is first step – but evaluation is
not limited to this
“complete application” could require
more information from applicant
Additional studies and reports
Previously prepared SEPA or NEPA documents
Local information
○ Critical areas ordinances
○ GIS maps
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Identify impacts
Which elements will be affected?
When will the change occur?
How long will it last?
Is an adverse impact likely?
Consider:
Short and long term
Direct and indirect
Cumulative
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Consider Mitigation
After initial review and consultation
with other agencies. . .
Will other regulations condition the
proposal?
Is the applicant willing to change the
proposal to incorporate mitigation
(“voluntarily”)
Any additional “reasonable” mitigation
available to address impacts?
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What is Mitigation?
Avoiding
Minimizing
Rectifying
Reducing over time
Compensating
Monitoring the impact and taking
corrective measures
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Determine Significance
Identify probable significant adverse
environmental impacts
Significance involves:
Context – physical setting
Intensity – magnitude and duration
Severity
Likelihood of occurrence
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Threshold Determination
Is a significant adverse environmental
impact likely?
Have adverse impacts been mitigated?
Significant DS/EIS
Nonsignificant DNS
Significant, but mitigated MDNS
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Mitigated DNS
Issued when impacts are reduced by
changes or conditions to reduce
impacts to a nonsignificant level
List the mitigation in the DNS
Distribute with a comment period
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Issue a DNS
May require a 14 day comment period if:
Another agency with jurisdiction
Mitigated DNS
Nonexempt grading or demolition
GMA action
DNS issued after DS withdrawn
Allows other agencies, tribes and the public
to review and comment
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Review and Commenting
Goal is to get impacts addressed prior to
threshold determination (i.e. DNS
issuance)
Urge lead agencies to conduct
consultations
Scan SEPA Register or get on agencies’
distribution lists
Publish/distribute your agency’s or
Tribe’s geographic area of interest
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Review Entire Checklist
Part A Background
7. Plans for future additions, expansion, or further
activity
11. Give complete description of proposal
12. Location of the proposal
Part B ENVIRONMENTAL ELEMENTS
1. Earth
3. Water
8. Land and shoreline use
14. Transportation
16. Utilities
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Effect of No Comment
If a consulted agency does not respond
with written comments, the lead agency
may assume that the consulted agency
has no information
Lack of comment shall be construed as
lack of objection to the environmental
analysis . . .
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Consider Comments
Retain DNS
No additional documentation required
If “final DNS” is issued – please identify previous
Modify/Revise DNS
Important to do this prior to any agency’s action
No comment period required unless it’s an MDNS
with different mitigation
Include new checklist if modified or addendum to
checklist
Withdraw DNS
Starts the process again
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Determination of Non-
Significance
Checklist
Submittal or
Preparation
Inter-Agency
Consultation
Threshold
Determination
DNS DS
14-day Comment
Period
Review
Comments &
Reconsider DNS
Agency
Proceeds or
Revises or
Withdraws DNS
Other Agencies
with Jurisdiction
Proceed
EIS
SEPA Documents – Issued by lead Agency
Notice of Application
and Checklist
Pre-Threshold
Consultation
Optional DNS
DNS
MDNS
DNS-Adoption
Determination of
Significance
EIS Scoping Notice
Draft EIS
DEIS Addendum
Final EIS
Supplemental EIS
FEIS Addendum
DS –Adoption
What to do with SEPA?
SEPA in Decision Making
Decision makers must consider environmental
issues
Decision makers (all agencies with jurisdiction)
may use SEPA supplemental authority
Require additional mitigation when:
Impacts are identified in the SEPA document
Agency has adopted SEPA policies allowing use of
substantive authority
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SEPA Substantive
(Supplemental) Authority
All agencies with jurisdiction can require mitigation or
changes to a proposal
Mitigation based solely upon specific adverse impacts
identified in the environmental documents
Used for gaps in existing local, state & federal
requirements
Mitigation conditions put in permits, agreements or
reflected in revised proposal
Agency Compliance
Adoption of SEPA Polices and
Procedures – including public notice
process
Must be consistent with SEPA rules
(WAC 197-11)
Process for document distribution to
agencies, Tribes, affected jurisdictions
Document submittal to SEPA Register
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SEPA Regulations & Guides
SEPA, RCW 43.21C
SEPA Rules, WAC 197-11
SEPA Procedures Model Ordinance
Specific Agency’s Policies and Procedures
SEPA Handbook
SEPA Guide for Project Applicants
New Climate Change Guidance
Citizen’s Guide to SEPA
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Emerging Issues & Opportunities
New SEPA Register
Transition to web-based electronic submittal
○ Please test our new web-based database:
https://testfortress.wa.gov/ecy/separ/Register/ShowRegisterTable.aspx
Listserv – please join
New on-line guidance for Checklist –
coming soon
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Questions
○ Annie Szvetecz SEPA Policy Lead
Department of Ecology -HQ
aszv461@ecy.wa.gov
360 407-6925
○ Gretchen Kaehler Assistant State Archaeologist, Local Governments
Department of Archaeology and Historic Preservation
Gretchen.Kaehler@DAHP.wa.gov
360 586-3088
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