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

(2) An applicant may request in writing early notice of whether a declaration of significance is likely under WAC 197-11-350. The request must:

(a) Follow submission of an application and adequate environmental checklist; and

(b) Precede the City’s actual threshold determination for the proposal.

(3) The City should respond to the request for early notice within 15 working days. The response will:

(a) Be written;

(b) State whether the City currently considers issuance of a DS likely and, if so, indicate the general or specific areas of concern that are leading to the City to consider a DS; and

(c) State that the applicant may change or clarify the proposal to mitigate the indicated impacts, refiling the environmental checklist and/or application as necessary to reflect the changes or clarifications.

(4) As much as possible, the City will assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.

(5) When an applicant submits a changed or clarified proposal, along with a revised or amended environmental checklist, the responsible official will base the threshold determination on the changed or clarified proposal and make the determination within 15 days of receiving the changed or clarified proposal:

(a) If the responsible official indicated specific mitigation measures in its response to the request for early notice, and the applicant changed or clarified the proposal to include those specific mitigation measures, the City will issue and circulate a DNS under WAC 197-11-340(2).

(b) If the responsible official indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the responsible official will make the threshold determination, issuing a DNS or DS as appropriate.

(c) The applicant’s proposed mitigation measures (clarifications, changes or conditions) must be in writing and must be specific. For example, proposals to “control noise” or “prevent storm water runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot storm water retention pond at Y location” are adequate.

(d) 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.

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

(7) Mitigation measures incorporated in the mitigated DNS will 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 specifically prescribed by the City.

(8) 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 responsible official will evaluate the threshold determination to assure consistency with WAC 197-11-340(3)(a) (withdrawal of DNS).

The responsible official’s written response under subsection (2) of this section will not be construed as a determination of significance. In addition, preliminary discussion of clarifications or changes to a proposal, as opposed to a written request for early notice will not bind the City to consider the clarifications or changes in its threshold determination. (Ord. 102-98 § 2)