Wash. Admin. Code § 332-41-310 - Threshold determination required

(1) What are the timing requirements for threshold determinations? WAC 197-11-310 requires that a threshold determination (either of nonsignificance or significance) be made no later than ninety days after the application and supporting documentation are determined to be complete. In most cases, DNR should complete a threshold determination within fifteen days, if possible, except for Class IV forest practices, in which case the threshold determination shall be made within ten days of receiving a complete application, including a complete environmental checklist. Complex proposals, those where additional information is needed, and/or those accompanied by an inaccurate checklist may require additional time. Upon request by a proponent, the responsible official shall select a date for making the threshold determination and notify the proponent of such date in writing.

(2) When should DNR issue a notice of final determination? A notice of final determination should be issued after the SEPA comment period for an initial determination of nonsignificance.

(a) This notice should document whether the determination has been:

(i) Retained;

(ii) Modified;

(iii) Delayed; or

(iv) Withdrawn.

(b) After an initial threshold determination is delayed, another notice of final determination should be issued to identify whether the proposal has been retained, modified or withdrawn.

(c) Any notice of final determination should be sent to the original mailing list for the proposal and to any additional parties that commented on the proposal.

Notes

Wash. Admin. Code § 332-41-310

Statutory Authority: Chapters 43.21C, 34.05 RCW, WAC 197-11-902(2), [197-11]-904(1) and delegation order, November 5, 2001, signature authority to adopt rules. 07-08-021, § 332-41-310, filed 3/27/07, effective 4/27/07. Statutory Authority: Chapter 43.21C RCW and RCW 43.30.150. 84-18-052 (Order 432), § 332-41-310, filed 9/5/84. Formerly chapter 332-40 WAC.