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A. Adoption by Reference. This part contains rules for consulting, commenting, and responding on all environmental documents under SEPA, including rules for public notice and hearings. The City adopts the following Washington Administrative Code sections by reference, as supplemented in this part:

197-11-500 Purpose of This Part

197-11-502 Inviting Comment

197-11-504 Availability and Cost of Environmental Documents

197-11-508 SEPA Register

197-11-510 Public Notice

197-11-535 Public Hearings and Meetings

197-11-545 Effect of no Comment

197-11-550 Specificity of Comments

197-11-560 FEIS Response to Comments

197-11-570 Consulted Agency Costs to Assist lead agency

B. Public Notice.

1. Whenever the City of Moses Lake issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the City shall give public notice as follows:

a. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due.

b. If an environmental document is issued concurrently with the notice of application, the public notice requirements for the notice of application will suffice to meet the SEPA public notice requirements.

c. If no public notice is required for the permit or approval, the City shall give notice of the DNS or DS by:

1) Posting the property, for site-specific proposals, and

2) Publishing a notice in a newspaper of general circulation in the City.

d. Whenever the City issues a DS under WAC 197-11-360(3), the City shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice.

2. If a DNS is issued using the optional DNS process, the public notice requirements for a notice of application as supplemented by the requirements in WAC 197-11-355 will suffice to meet the SEPA public notice requirements.

3. Whenever the City issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by:

a. Indicating the availability of the DEIS in any public notice required for a nonexempt license; and

b. Posting the property, for site-specific proposals; and

c. Publishing notice in a newspaper of general circulation in the City, and

d. Notifying public or private groups that have expressed interest in a certain proposal or in the type of proposal being considered

4. Whenever possible, the City shall integrate the public notice required under this section with existing notice procedures for the City’s nonexempt permits(s) or approval(s) required for the proposal.

5. The City may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense.

C. Designation of Official to Perform Consulted Agency Responsibilities for the City.

1. The Responsible Official shall be responsible for preparation of written comments for the City in response to a consultation request prior to a threshold determination, participation in scoping and reviewing a DEIS.

2. The Responsible Official shall be responsible for the City’s compliance with WAC 197-11-550 whenever the City is a consulted agency and is authorized to develop operating procedures that will ensure that responses to consultation requests are prepared in a timely fashion and include data from all appropriate departments of the City. (Ord. 2133, 11/11/03; Ord. 2028, 8/28/01; Ord. 1149, 1984)