27.01.110 Mitigated determination of nonsignificance (MDNS).
(1) As provided in this section and in WAC 197-11-350, the responsible official may issue a determination of nonsignificance (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. This type of determination shall herein after be referred to as a mitigated determination of nonsignificance (MDNS).
(2) As much as possible, the County should assist the applicant with identification of impacts to the extent necessary to formulate mitigation measures.
(3) 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 should make the threshold determination pursuant to requirements of this chapter.
(a) The applicant’s proposed mitigation measures 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.
(b) The County shall review the amended application and make a threshold determination, issuing a DNS or DS as appropriate.
(4) Staff reports and other County approved studies analyzing the proposal shall be considered environmental documents as amendments to and part of the environmental checklist. Mitigation measures which justify issuance of a MDNS may be incorporated in the DNS by reference to agency staff reports, studies or other documents.
(5) When issuing a MDNS, the responsible official shall review the environmental checklist, staff reports, and other County approved studies concerning the proposal and issue an environmental clearance resolution stating conditions to be attached to the license to mitigate identified environmental impacts.
(6) Mitigation measures incorporated in the mitigated DNS shall 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 County.
(7) A mitigated DNS is issued under WAC 197-11-340(2), and requires a fourteen (14) day comment period and public notice which shall be consistent with Chapter 26.10 CCC.