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

2

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

3

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))

4

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;

5

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.

6

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

7

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

8

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

9

10

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

11

Agency Roles

Lead Agency/Co-Lead Agencies

Threshold determination

Preparation of documents

Agency with Jurisdiction

Agency with Expertise

Affected local jurisdiction

Consulted Agency

12

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?

13

14

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)

15

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

17

18

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

19

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:

21

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

22

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?

23

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

24

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

25

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?

26

What is Mitigation?

Avoiding

Minimizing

Rectifying

Reducing over time

Compensating

Monitoring the impact and taking

corrective measures

27

Determine Significance

Identify probable significant adverse

environmental impacts

Significance involves:

Context – physical setting

Intensity – magnitude and duration

Severity

Likelihood of occurrence

28

Threshold Determination

Is a significant adverse environmental

impact likely?

Have adverse impacts been mitigated?

Significant DS/EIS

Nonsignificant DNS

Significant, but mitigated MDNS

29

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

30

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

31

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

32

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

33

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 . . .

34

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

35

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

38

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

40

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

41

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

42

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

43