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A. Invitation of comments. The City shall invite comment under 197-11-502 WAC as supplemented in this Section.

B. Definition of reasonable methods. The City shall use reasonable methods to inform agencies and the public of environmental determinations, document availability, and review or comment opportunities. In particular, the City shall invite written comments on the environmental aspects of any nonexempt proposal to be submitted in the manner and within the prescribed time limits set forth in this Section.

C. Timelines of response. Consulted agencies have a responsibility to respond in a timely and specific manner to requests for comments. If a consulted agency does not respond with written comments within the time periods for commenting on environmental documents, the City may assume that the consulted agency has no information relating to the potential impact of the proposal as it relates to the consulted agency’s jurisdiction or special expertise. Any consulted agency that fails to submit substantive information to the City in response to a draft EIS is thereafter barred from alleging any defects in the City’s compliance with Part 20.790.300 VMC of this Chapter, or the SEPA rules.

D. Failure to comment. Failure to comment by agencies with jurisdiction or members of the public on environmental documents, within the time periods specified by this part, shall be construed as lack of objection to the environmental analysis, if the requirements of Section 20.790.520 VMC are met.

E. Specificity of comments. Written comments on environmental documents submitted by any person or agency should be as specific as possible and shall meet the requirements of 197-11-550 WAC. The City shall consider and may respond to comments as deemed appropriate, and may decline to consider comments which do not meet the requirements of this Section.

F. Threshold determinations.

1. The City shall send DNSs to other agencies with jurisdiction, as required by 197-11-340 WAC and Section 20.790.320 VMC.

2. For DNSs issued under 197-11-340(2) WAC, the City shall provide public notice under Section 20.790.520 VMC and receive comments on the DNS for 14 days.

3. Comments on a DNS may be used in re-evaluating the threshold determination and in considering mitigation measures, but will normally involve no written response.

G. Scoping.

1. The City shall circulate the DS and invite comments on the scope of an EIS, as required by 197-11-360 WAC, 197-11-408 WAC, Section 20.790.410 VMC and Section 20.790.520 VMC.

2. The City may use other reasonable methods to inform agencies and the public, such as those indicated in 197-11-410 WAC.

3. The City determines the method for commenting, as governed by 197-11-408 and 197-11-410 WAC.

4. Comments on a DS will be used in determining the scope of an EIS.

H. DEIS.

1. The City shall invite comments on and circulate DEISs as required by 197-11-455 WAC.

2. The commenting period shall be 30 days unless extended by the City under 197-11-455 WAC.

3. Agencies shall comment and respond as stated in this part. This part meets the Act’s formal consultation and comment requirement in 43.21C.030(2)(d) RCW.

4. Comments on a draft EIS will be evaluated for response in the FEIS by one or more of the following means:

a. Modify alternatives including the proposed action;

b. Develop and evaluate alternatives not previously given detailed consideration;

c. Supplement, improve or modify the analysis;

d. Make factual corrections; or

e. Explain why the comments do not warrant further City response, citing the sources, authorities or reasons that support the City’s response and, if appropriate, indicate those circumstances that would trigger further agency reappraisal or further response.

5. In carrying out Subsection (4), the City may respond to each comment individually, respond to a group of comments, cross-reference comments and corresponding changes in the EIS, or use other reasonable means to indicate an appropriate response to comments.

I. FEIS.

1. The City shall prepare a FEIS whenever a DEIS has been prepared, unless the proposal is withdrawn or indefinitely postponed.

2. An FEIS shall be issued and circulated under the provisions of 197-11-460 WAC.

3. All substantive comments on a DEIS shall be appended to the FEIS, or summarized, where comments are repetitive or voluminous, and the summary appended. If a summary of the comments is used, the names of the commenters shall be included.

4. If the City does not receive any comments critical of the scope or content of the DEIS, the City may state so in an updated fact sheet, 197-11-440(2) WAC, which shall be circulated under 197-11-460 WAC. The FEIS shall consist of the DEIS and updated fact sheet.

5. If changes in response to comments are minor and are largely confined to the responses described in Subsections (G)(4)(d) and (G)(4)(e) of this Section, the City may prepare and attach an addendum, which shall consist of the comments, the responses, the changes, and an updated fact sheet. The FEIS shall consist of the DEIS and the Addendum, and shall be issued under WAC 197-11-460, except that only the addendum need be sent to parties who received the DEIS.

J. Public hearings and meetings.

1. Public hearings or meetings may be held 197-11-535 WAC. Notice of public hearings shall be given under Section 20.790.520 VMC and may be combined with other agency notice.

2. In conjunction with the requirements of Section 20.790.520 VMC, notice of public hearings shall be published no later than 10 days before the hearing. For nonproject proposals, notice of the public hearing shall be published in a newspaper of general circulation in the City. For nonproject proposals having a regional or state-wide applicability, copies of the notice shall be given to the Olympia bureau of the Associated Press and United Press International.

K. Supplements.

1. Notice for and circulation of draft and final SEISs shall be done in the same manner as other draft and final EISs.

2. When a DNS is issued after a DS has been withdrawn, governed by 197-11-360 WAC, the City shall give notice under Section 20.790.520 VMC and receive comments for 14 days.

3. An addendum need not be circulated unless required under 197-11-625 WAC.

L. Appeals. Notice provisions for appeals are contained in part seven of this Chapter.

M. Circulation of additional documents. The City may circulate any other environmental documents for the purpose of providing information or seeking comment, as an agency deems appropriate.

N. Use of other reasonable methods. In addition to any required notice or circulation, the City may use other reasonable methods, to inform agencies and the public that environmental documents are available or that hearings will occur.

O. Combining notices. The City may combine SEPA notices with other agency notices. However, the SEPA information must be identifiable. (Ord. M-3643, 2004)