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Szvetecz, Annie (ECY) <ASZV461@ECY WA GOV>
Monday, June22,2015 10:55 AM
David W. Johnson
ECY RE SEPA HELP
RE: SEPA questionsSubject:
Hello David,
Sorr), for the delay. I misplaced your e-mail somehow in my Outlook system - so I'm glad you called so I
could search using your name!
Your question seems more geared towards mitigation requirements in statute, rules or development regulations
SEPA has a definition of "mitigation" (see 197- I 1 -768) but it does not provide an independent mandate to
require mitigation at all (only analyze it as a reasonable alternative) unless the proponent is modifying the
proposal to reduce impacts below a level of significance and thereby avoiding the preparation of an EIS (see
197-l l-350). In this case, the concept of mitigation "sequencing" (avoidance, then minimization, then
compensatory) -as implied in the definition -may be used by the lead agency to ensure that the proposed
mitigation is effective.
Other than that, any agency with jurisdiction may use the analysis of impacts and reasonable mitigation options
to condition a proposal using SEPA's supplemental/substantive authority.
Hope that helps clarify a bit.
Thanks,
Annie Szvetecz x SEPA Policy Lead x Department of Ecology x ph:36o,4o7-6925
From : David W, Joh nso n Ima ilto :djohnson @co.jefferson.wa. us]
Sent: Tuesday, June 02,2015 8:48 AM
To: Szvetecz, Annie (ECY)
Cc: David W. Johnson
Subject: SEPA questions
Annie,
I have a general procedure question. l've heard over the years that a project should first seek to "avoid"
impacts, then if they can't be avoided they should be "minimized," then if they can't be minimized, they need to
be "mitigated." My questions is, is this actually codified anywhere in the SEPA rules? I can't seem to find it, if it
is. ls this just a good standard to go by, but has no legal teeth?
Tha nks !
David Wayne Johnson - LEED AP - Neighborhood Development
Associate Planner - Port Ludlow Lead Planner
Depa rtment of Community Development
Jefferson County
360.379.4465
1
IStatutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-
39), S 197-l-1-762, filed 2/L0/84, effective 4 /4/84.)
wAC 197-LL-764 Major actiou. "Major action" means an
action that is 1ike1y to have significant adverse environmental
impacts. "Major" reinforces but does not have a meaning
independent of "sigmificantlyn (WAC 197-LL-7941 .
lstatutory Authority: RCW 43.21,C.1-l-0. B4-05-020 (Order DE B3-
391 , S 197-11-764, filed 2/L0/84, effective 4/4/84.1
WAC 197-LL-766 Mitigated DNS. 'Mitigated DNS" means a DNS
that includes mitigation measures and is issued as a result of
the process specified in WAC 197-11--350.
lstatutory Authority: RCW 43.2LC.110. B4-05-020 (Order DE 83-
39), S 197-1-1--766, filed 2/t0/84, effective 4/4/84.1
vilAC 197-1,1"-7 68 ![itigatioa. "Mitigation" means :
(1) Avoiding the impact altogether by not taking a certain
action or parts of an action;
(21 Minimizing impacts by limiting the degree or magnitude
of the action and its implementation, by using appropriate
technologry, or by taking affirmative steps to avoid or reduce
impacts;(3) Rectifying the impact by repairing, rehabilitating, or
restoring the affected environment;
(4) Reducing or eliminating the impact over time by
preservation and maintenance operations during the life of the
action;(5) Compensating for the impact by replacing, enhancing, or
providing substitute resources or environments; and/or
(6) ttcinitoring the impact and taking appropriate corrective
measures.
lstatutory Authority: RCW 43 .21-C.11-0 . 84-05-020 (Order DE 83-
39), S 197-Lt-768, filed 2/L0/84, effective 4/4/84.1
WAC 197-LL-77O Natural enviroament. "Natural environment"
means those aspects of the environment contained in WAC l-97-11-
444(1), frequently referred to as natural elements, or resources,
such as earth, air, water, wildlife, and energ:y.
lstatutory Authority: RCW 43.21C.110. 84-05-020 (Order DE 83-
39), S L97-l-1--770, filed 2/L0/84, effective 4/4/84.1
WAC 197-LL-772 NEPA. 'NEPA' means the National
WAC (9 /L0 / 03 10 :03 AM)I 16 l