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As provided in this Section and in 197-11-350 WAC, the responsible official may issue a mitigated determination of nonsignificance (DNS) based on conditions attached to the proposal by the responsible official or based on changes to, or clarifications of, the proposal made by the applicant.

A. Early notice. An applicant may request in writing early notice of whether a determination of significance (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 department is lead agency; and

2. Precede the City’s actual threshold determination for the proposal.

B. City’s response. The responsible official shall respond in writing to the request within 7 working days. Such response will:

1. State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific area(s) of concern that is/are leading the City to consider a DS; and

C. Identification of impacts. As much as reasonably possible, the City should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

D. Submission of changes or changed proposal. When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the City shall base its threshold determination on the changed or clarified proposal and should make the determination within 14 days of receiving the changed or clarified proposal:

1. If the City indicated specific mitigation measures in its response to the request for early notice and that such measures would lead to a DNS, and if the applicant changed or clarified the proposal to include those specific mitigation measures, the City shall issue and circulate a DNS under 197-11-340 WAC.

2. If the City indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the City shall make the threshold determination, issuing a DNS or DS as appropriate.

3. The applicant’s proposed mitigation measures e.g., clarification, changes or conditions, must be in writing and must be specific. For example, a proposal to "control noise" or "prevent stormwater runoff" would be inadequate, whereas a proposal to "muffle machinery to X decibel" or to "construct 200’ stormwater retention pond at Y location" would be 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.

E. Issuance of mitigated DNS. A mitigated DNS is issued under either 197-11-340(2) WAC, requiring a 14 day comment period and public notice, or 197-11-355 WAC, which may require no additional comment period beyond the comment period on the notice of application.

F. Conditions of approval. 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 legally available to the City.

G. Lack of mitigation measures. If the City’s tentative decision on a permit or approval does not include mitigation measures that were incorporated in a mitigated DNS for the proposal, the City should evaluate the threshold determination to assure consistency with 197-11-340(3) WAC governing withdrawal of DNS. (Ord. M-3643, 2004)