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197-11-946
DOE resolution of lead agency disputes.
(1) If the agencies with jurisdiction are unable to determine which agency is the lead agency under the rules, any agency with jurisdiction may petition the department for a determination. The petition shall clearly describe the proposal in question, and include a list of all licenses and approvals required for the proposal. The petition shall be filed with the department within fifteen days after receipt by the petitioning agency of the determination to which it objects. Copies of the petition shall be mailed to any applicant involved, as well as to all other agencies with jurisdiction over the proposal. The applicant and agencies with jurisdiction may file with the department a written response to the petition within ten days of the date of the initial filing.
(2) Within fifteen days of receipt of a petition, the department shall make a written determination of the lead agency, which shall be mailed to the applicant and all agencies with jurisdiction. The department shall make its determination in accordance with these rules and considering the following factors (which are listed in order of descending importance):
(a) Magnitude of an agency's involvement.
(b) Approval/disapproval authority over the proposal.
(c) Expertise concerning the proposal's impacts.
(d) Duration of an agency's involvement.
(e) Sequence of an agency's involvement.
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-946, filed 2/10/84, effective 4/4/84.]
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197-11-948
Assumption of lead agency status.
(1) An agency with jurisdiction over a proposal, upon review of a DNS (WAC 197-11-340) may transmit to the initial lead agency a completed "Notice of assumption of lead agency status." This notice shall be substantially similar to the form in WAC 197-11-985. Assumption of lead agency status shall occur only within the fourteen-day comment period on a DNS issued under WAC 197-11-340 (2)(a), or during the comment period on a notice of application when the optional DNS process in WAC 197-11-355 is used.
(2) The DS by the new lead agency shall be based only upon information contained in the environmental checklist attached to the DNS transmitted by the first lead agency or the notice of application if the optional DNS process is used, and any other information the new lead agency has on the matters contained in the environmental checklist.
(3) Upon transmitting the DS and notice of assumption of lead agency status, the consulted agency with jurisdiction shall become the "new" lead agency and shall expeditiously prepare an EIS. In addition, all other responsibilities and authority of a lead agency under this chapter shall be transferred to the new lead agency.
[Statutory Authority: 1995 c 347 (ESHB 1724) and RCW 43.21C.110. 97-21-030 (Order 95-16), § 197-11-948, filed 10/10/97, effective 11/10/97. Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-948, filed 2/10/84, effective 4/4/84.]
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197-11-950
Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected.
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-950, filed 2/10/84, effective 4/4/84.]
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197-11-955
Effective date.
(1) These rules shall become effective April 4, 1984.
(2) These rules shall apply to agency decision making under SEPA when one of the following occurs:
(a) An agency adopts policies, procedures, and practices for this chapter (WAC 197-11-902 and 197-11-904); or
(b) One hundred eighty days has elapsed from the effective date of these rules.
(3) The relationship of the effective date to ongoing actions is in WAC 197-11-916 and 197-11-917.
(4) Nothing in these rules shall delay agency compliance with any requirement in chapter 43.21C RCW, as amended, such as RCW 43.21C.031 and 43.21C.075 (as noted in WAC 197-11-916(3)).
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-955, filed 2/10/84, effective 4/4/84.]
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197-11-960
Environmental checklist.
ENVIRONMENTAL CHECKLIST
Purpose of checklist:
The State Environmental Policy Act (SEPA), chapter 43.21C RCW, requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement (EIS) must be prepared for all proposals with probable significant adverse impacts on the quality of the environment. The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal (and to reduce or avoid impacts from the proposal, if it can be done) and to help the agency decide whether an EIS is required.
Instructions for applicants:
This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly, with the most precise information known, or give the best description you can.
You must answer each question accurately and carefully, to the best of your knowledge. In most cases, you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal, write "do not know" or "does not apply." Complete answers to the questions now may avoid unnecessary delays later.
Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems, the governmental agencies can assist you.
The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact.
Use of checklist for nonproject proposals:
Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION, complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (part D).
For nonproject actions, the references in the checklist to the words "project," "applicant," and "property or site" should be read as "proposal," "proposer," and "affected geographic area," respectively.
A. BACKGROUND
1. Name of proposed project, if applicable:
2. Name of applicant:
3. Address and phone number of applicant and contact person:
4. Date checklist prepared:
5. Agency requesting checklist:
6. Proposed timing or schedule (including phasing, if applicable):
7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain.
8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal.
9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain.
10. List any government approvals or permits that will be needed for your proposal, if known.
11. Give brief, complete description of your proposal, including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.)
12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range, if known. If a proposal would occur over a range of area, provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist.
TO BE COMPLETED BY APPLICANT EVALUATION FOR
AGENCY USE
ONLY
B. ENVIRONMENTAL ELEMENTS
1. Earth
a. General description of the site (circle one): Flat, rolling, hilly, steep slopes, mountainous, other . . . . . .
b. What is the steepest slope on the site (approximate percent slope)?
c. What general types of soils are found on the site (for example, clay, sand, gravel, peat, muck)? If you know the classification of agricultural soils, specify them and note any prime farmland.
d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe.
e. Describe the purpose, type, and approximate quantities of any filling or grading proposed. Indicate source of fill.
f. Could erosion occur as a result of clearing, construction, or use? If so, generally describe.
g. About what percent of the site will be covered with impervious surfaces after project construction (for example, asphalt or buildings)?
h. Proposed measures to reduce or control erosion, or other impacts to the earth, if any:
2. Air
a. What types of emissions to the air would result from the proposal (i.e., dust, automobile, odors, industrial wood smoke) during construction and when the project is completed? If any, generally describe and give approximate quantities if known.
b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe.
c. Proposed measures to reduce or control emissions or other impacts to air, if any:
3. Water
a. Surface:
1) Is there any surface water body on or in the immediate vicinity of the site (including year-round and seasonal streams, saltwater, lakes, ponds, wetlands)? If yes, describe type and provide names. If appropriate, state what stream or river it flows into.
2) Will the project require any work over, in, or adjacent to (within 200 feet) the described waters? If yes, please describe and attach available plans.
3) Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material.
4) Will the proposal require surface water withdrawals or diversions? Give general description, purpose, and approximate quantities if known.
5) Does the proposal lie within a 100-year floodplain? If so, note location on the site plan.
6) Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge.
b. Ground:
1) Will ground water be withdrawn, or will water be discharged to ground water? Give general description, purpose, and approximate quantities if known.
2) Describe waste material that will be discharged into the ground from septic tanks or other sources, if any (for example: Domestic sewage; industrial, containing the following chemicals. . . ; agricultural; etc.). Describe the general size of the system, the number of such systems, the number of houses to be served (if applicable), or the number of animals or humans the system(s) are expected to serve.
c. Water runoff (including stormwater):
1) Describe the source of runoff (including storm water) and method of collection and disposal, if any (include quantities, if known). Where will this water flow? Will this water flow into other waters? If so, describe.
2) Could waste materials enter ground or surface waters? If so, generally describe.
d. Proposed measures to reduce or control surface, ground, and runoff water impacts, if any:
4. Plants
a. Check or circle types of vegetation found on the site:
? Deciduous tree: Alder, maple, aspen, other
? Evergreen tree: Fir, cedar, pine, other
? Shrubs
? Grass
? Pasture
? Crop or grain
? Wet soil plants: Cattail, buttercup, bullrush, skunk cabbage, other
? Water plants: Water lily, eelgrass, milfoil, other
? Other types of vegetation
b. What kind and amount of vegetation will be removed or altered?
c. List threatened or endangered species known to be on or near the site.
d. Proposed landscaping, use of native plants, or other measures to preserve or enhance vegetation on the site, if any:
5. Animals
a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site:
Birds: Hawk, heron, eagle, songbirds,
other: . . . . . . . . . . . .
Mammals: Deer, bear, elk, beaver,
other: . . . . . . . . . . . .
Fish: Bass, salmon, trout, herring, shellfish,
other: . . . . . . . . . . . .
b. List any threatened or endangered species known to be on or near the site.
c. Is the site part of a migration route? If so, explain.
d. Proposed measures to preserve or enhance wildlife, if any:
6. Energy and natural resources
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing, etc.
b. Would your project affect the potential use of solar energy by adjacent properties? If so, generally describe.
c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts, if any:
7. Environmental health
a. Are there any environmental health hazards, including exposure to toxic chemicals, risk of fire and explosion, spill, or hazardous waste, that could occur as a result of this proposal? If so, describe.
1) Describe special emergency services that might be required.
2) Proposed measures to reduce or control environmental health hazards, if any:
b. Noise
1) What types of noise exist in the area which may affect your project (for example: traffic, equipment, operation, other)?
2) What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis (for example: traffic, construction, operation, other)? Indicate what hours noise would come from the site.
3) Proposed measures to reduce or control noise impacts, if any:
8. Land and shoreline use
a. What is the current use of the site and adjacent properties?
b. Has the site been used for agriculture? If so, describe.
c. Describe any structures on the site.
d. Will any structures be demolished? If so, what?
e. What is the current zoning classification of the site?
f. What is the current comprehensive plan designation of the site?
g. If applicable, what is the current shoreline master program designation of the site?
h. Has any part of the site been classified as an "environmentally sensitive" area? If so, specify.
i. Approximately how many people would reside or work in the completed project?
j. Approximately how many people would the completed project?
k. Proposed measures to avoid or reduce displacement impacts, if any:
l. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans, if any:
9. Housing
a. Approximately how many units would be provided, if any? Indicate whether high, middle, or low-income housing.
b. Approximately how many units, if any, would be eliminated? Indicate whether high, middle, or low-income housing.
c. Proposed measures to reduce or control housing impacts, if any:
10. Aesthetics
a. What is the tallest height of any proposed structure(s), not including antennas; what is the principal exterior building material(s) proposed?
b. What views in the immediate vicinity would be altered or obstructed?
c. Proposed measures to reduce or control aesthetic impacts, if any:
11. Light and glare
a. What type of light or glare will the proposal produce? What time of day would it mainly occur?
b. Could light or glare from the finished project be a safety hazard or interfere with views?
c. What existing off-site sources of light or glare may affect your proposal?
d. Proposed measures to reduce or control light and glare impacts, if any:
12. Recreation
a. What designated and informal recreational opportunities are in the immediate vicinity?
b. Would the proposed project displace any existing recreational uses? If so, describe.
c. Proposed measures to reduce or control impacts on recreation, including recreation opportunities to be provided by the project or applicant, if any:
13. Historic and cultural preservation
a. 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.
b. Generally describe any landmarks or evidence of historic, archaeological, scientific, or cultural importance known to be on or next to the site.
c. Proposed measures to reduce or control impacts, if any:
14. Transportation
a. Identify public streets and highways serving the site, and describe proposed access to the existing street system. Show on site plans, if any.
b. Is site currently served by public transit? If not, what is the approximate distance to the nearest transit stop?
c. How many parking spaces would the completed project have? How many would the project eliminate?
d. Will the proposal require any new roads or streets, or improvements to existing roads or streets, not including driveways? If so, generally describe (indicate whether public or private).
e. Will the project use (or occur in the immediate vicinity of) water, rail, or air transportation? If so, generally describe.
f. How many vehicular trips per day would be generated by the completed project? If known, indicate when peak volumes would occur.
g. Proposed measures to reduce or control transportation impacts, if any:
15. Public services
a. Would the project result in an increased need for public services (for example: Fire protection, police protection, health care, schools, other)? If so, generally describe.
b. Proposed measures to reduce or control direct impacts on public services, if any.
16. Utilities
a. Circle utilities currently available at the site: Electricity, natural gas, water, refuse service, telephone, sanitary sewer, septic system, other.
b. Describe the utilities that are proposed for the project, the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed.
C. SIGNATURE
The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision.
Signature: . . . . . . . . . . . .
Date Submitted: . . . . . . . . . . . .
D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS
(do not use this sheet for project actions)
Because these questions are very general, it may be helpful to read them in conjunction with the list of the elements of the environment.
When answering these questions, be aware of the extent the proposal, or the types of activities likely to result from the proposal, would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms.
1. How would the proposal be likely to increase discharge to water; emissions to air; production, storage, or release of toxic or hazardous substances; or production of noise?
Proposed measures to avoid or reduce such increases are:
2. How would the proposal be likely to affect plants, animals, fish, or marine life?
Proposed measures to protect or conserve plants, animals, fish, or marine life are:
3. How would the proposal be likely to deplete energy or natural resources?
Proposed measures to protect or conserve energy and natural resources are:
4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated (or eligible or under study) for governmental protection; such as parks, wilderness, wild and scenic rivers, threatened or endangered species habitat, historic or cultural sites, wetlands, floodplains, or prime farmlands?
Proposed measures to protect such resources or to avoid or reduce impacts are:
5. How would the proposal be likely to affect land and shoreline use, including whether it would allow or encourage land or shoreline uses incompatible with existing plans?
Proposed measures to avoid or reduce shoreline and land use impacts are:
6. How would the proposal be likely to increase demands on transportation or public services and utilities?
Proposed measures to reduce or respond to such demand(s) are:
7. Identify, if possible, whether the proposal may conflict with local, state, or federal laws or requirements for the protection of the environment.
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-960, filed 2/10/84, effective 4/4/84.]
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197-11-965
Adoption notice.
ADOPTION OF EXISTING ENVIRONMENTAL DOCUMENT
Adoption for (check appropriate box) DNS EIS
other . . . . . . . . . . . .
Description of current proposal . . . . . . . . . . . .
. . . . . . . . . . . .
Proponent . . . . . . . . . . . .
Location of current proposal . . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
Title of document being adopted . . . . . . . . . . . .
Agency that prepared document being adopted . . . . . . . . . . . .
Date adopted document was prepared . . . . . . . . . . . .
Description of document (or portion) being adopted . . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
If the document being adopted has been challenged (WAC 197-11-630), please describe:
. . . . . . . . . . . .
The document is available to be read at (place/time) . . . . . . . . . . . .
. . . . . . . . . . . .
We have identified and adopted this document as being appropriate for this proposal after independent review. The document meets our environmental review needs for the current proposal and will accompany the proposal to the decisionmaker.
Name of agency adopting document . . . . . . . . . . . .
Contact person, if other than
responsible official . . . . . . . . . . . . .
Phone . . . . . . . . . . . .
Responsible official . . . . . . . . . . . .
Position/title . . . . . . . . . . . . . . . . . . Phone . . . . . . . . . . . .
Address . . . . . . . . . . . .
Date . . . . . . . . . . . . Signature . . . . . . . . . . . .
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-965, filed 2/10/84, effective 4/4/84.]
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197-11-970
Determination of nonsignificance (DNS).
DETERMINATION OF NONSIGNIFICANCE
Description of proposal . . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
Proponent . . . . . . . . . . . .
Location of proposal, including street address, if any . . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
Lead agency . . . . . . . . . . . .
The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment. An environmental impact statement (EIS) is not required under RCW 43.21C.030 (2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request.
There is no comment period for this DNS.
This DNS is issued after using the optional DNS process in WAC 197-11-355. There is no further comment period on the DNS.
This DNS is issued under WAC 197-11-340(2); the lead agency will not act on this proposal for 14 days from the date below. Comments must be submitted by . . . . . . . .
Responsible official . . . . . . . . . . . .
Position/title . . . . . . . . . . . . Phone . . . . . . . . . . . .
Address . . . . . . . . . . . .
Date . . . . . . . . . . . . Signature . . . . . . . . . . . .
(OPTIONAL)
You may appeal this determination to (name) . . . . . . . . . . . .
at (location) . . . . . . . . . . . .
no later than (date) . . . . . . . . . . . .
by (method) . . . . . . . . . . . .
You should be prepared to make specific factual objections.
Contact. . . . . . . . . . to read or ask about the procedures for SEPA appeals.
There is no agency appeal.
[Statutory Authority: 1995 c 347 (ESHB 1724) and RCW 43.21C.110. 97-21-030 (Order 95-16), § 197-11-970, filed 10/10/97, effective 11/10/97. Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-970, filed 2/10/84, effective 4/4/84.]
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197-11-980
Determination of significance and scoping notice (DS).
DETERMINATION OF SIGNIFICANCE
AND REQUEST FOR COMMENTS ON SCOPE OF EIS
Description of proposal . . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
Proponent . . . . . . . . . . . .
Location of proposal . . . . . . . . . . . .
. . . . . . . . . . . .
Lead agency . . . . . . . . . . . .
EIS Required. The lead agency has determined this proposal is likely to have a significant adverse impact on the environment. An environmental impact statement (EIS) is required under RCW 43.21C.030 (2)(c) and will be prepared. An environmental checklist or other materials indicating likely environmental impacts can be reviewed at our offices.
The lead agency has identified the following areas for discussion in the EIS: . . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
Scoping. Agencies, affected tribes, and members of the public are invited to comment on the scope of the EIS. You may comment on alternatives, mitigation measures, probable significant adverse impacts, and licenses or other approvals that may be required. The method and deadline for giving us your comments is:. . . . . . . . . . . .
. . . . . . . . . . . .
Responsible official . . . . . . . . . . . .
Position/title . . . . . . . . . . . . Phone . . . . . . . . . . . .
Address . . . . . . . . . . . .
Date . . . . . . . . . . . . Signature . . . . . . . . . . . .
(OPTIONAL)
You may appeal this determination of significance
to (name) . . . . . . . . . . . .
at (location) . . . . . . . . . . . .
no later than (date) . . . . . . . . . . . .
by (method) . . . . . . . . . . . .
You should be prepared to make specific factual objections.
Contact. . . . . . . . . . to read or ask about the procedures for SEPA appeals.
There is no agency appeal.
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-980, filed 2/10/84, effective 4/4/84.]
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197-11-985
Notice of assumption of lead agency status.
NOTICE OF ASSUMPTION OF LEAD AGENCY STATUS
Description of proposal . . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
Proponent . . . . . . . . . . . .
Location of proposal . . . . . . . . . . . .
Initial lead agency . . . . . . . . . . . .
New lead agency . . . . . . . . . . . .
The initial lead agency concluded that this proposal was not likely to have significant adverse impact on the environment, according to its determination of nonsignificance dated . . . . .
We have reviewed the environmental checklist and related information. In our opinion, an environmental impact statement (EIS) is required on the proposal, because of the following impacts: . . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
You are being notified that we assume the responsibility of lead agency under SEPA, including the duty to prepare an EIS on the proposal.
Responsible official . . . . . . . . . . . .
Position/title . . . . . . . . . . . . Phone . . . . . . . . . . . .
Address . . . . . . . . . . . .
Date . . . . . . . . . . . . Signature . . . . . . . . . . . .
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-985, filed 2/10/84, effective 4/4/84.]
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197-11-990
Notice of action.
NOTICE OF ACTION
Notice is given under SEPA, RCW 43.21C.080, that (name of agency or entity). . . . . . . . took the action described in (2) below on (date). . . . . .
1. Any action to set aside, enjoin, review, or otherwise challenge such action on the grounds of noncompliance with the provisions of chapter 43.21C RCW (State Environmental Policy Act) shall be commenced on or before (date). . . . . .
2. Description of agency action: . . . . . . . . . . . .
. . . . . . . . . . . .
. . . . . . . . . . . .
3. Description of proposal (if not covered by (2)):
. . . . . . . . . . . .
. . . . . . . . . . . .
4. Location of proposal (a sufficient description should be given to locate the site, if any, but a complete legal description is not required):
. . . . . . . . . . . .
. . . . . . . . . . . .
5. Type of environmental review under SEPA (include name and date of any environmental documents):
. . . . . . . . . . . .
6. Documents may be examined during regular business hours at (location, including room number, if any):
. . . . . . . . . . . .
7. Name of agency, proponent, or applicant giving notice:
. . . . . . . . . . . .
8. This notice is filed by (signature of individual and capacity in which the person is signing):
. . . . . . . . . . . .
. . . . . . . . . . . . Date . . . . . . . . . . . .
[Statutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-39), § 197-11-990, filed 2/10/84, effective 4/4/84.]