30.61.120 Mitigated determination of nonsignificance (MDNS).
(1) As provided in this section and in 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 clarifications of, the proposal made by the applicant.
(2) When an applicant submits a changed or clarified proposal, along with a revised environmental checklist, the county shall base its threshold determination on the changed or clarified proposal and shall make the determination within the time periods established for making a threshold determination in SCC 30.61.060.
(a) If the county indicated specific mitigation measures which would remove all probable significant adverse environmental impacts in its response to the request for early notice pursuant to SCC 30.61.115, and the applicant changed or clarified the proposal to include those specific mitigation measures, the county shall issue and circulate an MDNS under WAC 197-11-350(2).
(b) If the county indicated areas of concern, but did not indicate specific mitigation measures that would allow it to issue a DNS, the county shall 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 stormwater runoff" are inadequate, whereas proposals to "muffle machinery to X decibel" or "construct 200-foot stormwater retention pond at Y location" are adequate.
(d) Mitigation measures which justify issuance of an MDNS may be incorporated in the DNS by reference to agency staff reports, studies, or other documents.
(3) An MDNS issued under WAC 197-11-350(2) requires a 14-day comment period and public notice.
(4) Mitigation measures incorporated in the MDNS shall be conditions of approval of the permit decision and may be enforced in the same manner as any term or condition of the permit.
(5) A decision maker or a reviewing body on an appeal shall not be bound by the designation of mitigation measures contained in an MDNS and may change the mitigation measures or impose additional conditions of approval as authorized by law. If at any time the proposed mitigation measures are withdrawn or substantially changed, the responsible official shall make a new threshold determination and, if necessary may withdraw the MDNS and issue a DS.
(6) The county’s written response under SCC 30.61.115 shall not be construed as a DS. In addition, preliminary discussion of clarifications or changes to a proposal shall not bind the county to issue an MDNS. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).