Current through Register Vol. 24-18, September 15, 2024
(1)
What are DNR's specific
policies for conditioning or denying permits or approvals? DNR
adopts the following SEPA policies:
(a) Geothermal resources. DNR
recognizes the need to protect the public from geothermal drilling
effects such as the contamination of the groundwater, the surface
water, the possibility of a blowout, fire hazards, drilling fluids,
and surface disturbance. DNR may, when necessary, condition the
following aspects of a drilling operation to mitigate specific
adverse environmental impacts:
(i)
Location of the well;
(ii) Casing program;
(iii) Makeup of drilling
fluids.
(b)
Surface mining. To provide that the usefulness, productivity, and
scenic values of all lands and waters involved in surface mining
within the state will receive the greatest practical degree of
protection and restoration, the following aspects of surface mining
may be conditioned:
(i) Proposed
practices to protect adjacent surface resources, including but not
limited to soil and water;
(ii) Specifications for surface
gradient restoration to a surface suitable for the proposed
subsequent use of the land after reclamation is completed, and
proposed method of accomplishment;
(iii) Matter and type of
revegetation or other surface treatment of disturbed areas;
(iv) Method of prevention or
elimination of conditions that will create a public nuisance,
endanger public safety, damage property, or pose a hazard to plant,
animal, fish, or human life in or adjacent to the area;
(v) Method of control of
contaminants and disposal of surface mining refuse;
(vi) Method of diverting surface
waters around the disturbed areas;
(vii) Method of restoration of
stream channels and stream banks to a condition minimizing erosion
and siltation and other pollution.
(c) Upland and aquatic right of way
grants. Recognizing that construction and/or reconstruction under
upland and aquatic right of way grants can create adverse impacts to
the elements of the environment, it is the policy of DNR to condition
grants where necessary and where allowed by state and federal law:
(i) To protect all surface
resources including but not limited to soil and water, through
authorized right of way operations on public lands, and to cause on a
continuing basis the rehabilitation or reestablishment of the
vegetative cover, soil stability and water condition appropriate to
intended subsequent use of the area;
(ii) To meet air quality
standards;
(iii) To
protect recreational and special use areas under lease; and
(iv) To meet obligations under
DNR's habitat conservation plans, any amendments to DNR's habitat
conservation plans, or the Policy for Sustainable
Forests adopted in 2006, and any future updates to the
policy.
(d)
State-owned aquatic lands. In managing state-owned aquatic lands, DNR
shall consider the natural values of state-owned aquatic land such as
wildlife habitat, natural area preserves, representative ecosystems,
or spawning area prior to issuing any initial lease or authorizing
any change in use.
(i) DNR may
refrain from leasing lands that it finds to have significant natural
values, as described in this subsection, or may provide within any
lease for the protection of such values.
(ii) DNR may condition its
proposals to meet its obligations under any future aquatic habitat
conservation plan, or any amendments to DNR's aquatic habitat
conservation plans.
(e) Public lands leases and
contracts. Under authority granted by chapters 79.02, 79.13,
79.14, 79.15, 79.22 and
79.105 RCW, DNR may set any lease or contract terms and conditions
that are consistent with state law. For public lands, DNR may
condition or withhold a lease or contract where significant adverse
environmental impacts associated with a lease proposal or contract
proposal will occur. DNR may condition its proposals to meet its
obligations under any current or future habitat conservation plan, or
any amendments to DNR's habitat conservation plans, or the
Policy for Sustainable Forests adopted in 2006, and
any future updates to the policy.
(f) Timber sales. Department
policies for the sale of timber from public lands are found under
DNR's habitat conservation plans, any amendments to DNR's habitat
conservation plans, or in the Policy for Sustainable
Forests adopted in 2006 and any future updates to the
policy.
(g) Forest
practices. SEPA policies related to the review of environmental
impacts, conditioning, and disapproval of forest practices are
adopted by the forest practices board and are contained in chapter
222-10 WAC. WAC
222-10-010 adopts by
reference policies of SEPA as set forth in
RCW 43.21C.020. WAC
222-10-050 adopts by
reference the SEPA Rules adopted by the state of
Washington department of ecology, chapter 197-11 WAC, except those
rules that may not be applicable.
(2)
What are DNR's general
policies for conditioning or denying permits or approvals? The
policies set out in subsection (1) of this section do not anticipate
all situations which may result in placing conditions on a permit or
denial of a proposal following environmental review. DNR therefore
adopts the policies set forth in the State Environmental Policy Act,
RCW 43.21C.020, as
further basis for conditioning or denying a public or private
proposal under SEPA. Those policies are to:
(a) Fulfill the responsibilities of
each generation as trustee of the environment for succeeding
generations;
(b) Assure
for all people of Washington safe, healthful, productive, and
esthetically and culturally pleasing surroundings;
(c) Attain the widest range of
beneficial uses of the environment without degradation, risk to
health or safety, or other undesirable and unintended
consequences;
(d)
Preserve important historic, cultural, and natural aspects of our
national heritage;
(e)
Maintain, wherever possible, an environment which supports diversity
and variety of individual choice;
(f) Achieve a balance between
population and resource use which will permit high standards of
living and a wide sharing of life's amenities; and
(g) Enhance the quality of
renewable resources and approach the maximum attainable recycling of
depletable resources.
(3)
What procedures must DNR
follow to condition or deny a proposal? DNR must follow the
procedures in
RCW 43.21C.060 and WAC
197-11-660 when
conditioning or denying permits or other approvals under SEPA.
Conditioning must be in writing and may be added only to mitigate
specific adverse environmental impacts that are identified in the
environmental document. To deny a proposal under SEPA, DNR must find
that the proposal will result in significant adverse impacts as
identified in a final EIS or final supplemental EIS, and that
reasonable mitigation measures are insufficient to mitigate any
identified impact.
Statutory Authority:
Chapters 43.21C,
34.05
RCW, WAC
197-11-902(2),
[197-11]-904(1) and delegation order, November 5, 2001, signature
authority to adopt rules. 07-08-021, § 332-41-665, filed
3/27/07, effective 4/27/07. Statutory Authority:
RCW 43.21C.120 and
chapter 34.05 RCW. 93-01-126
(Order 607), § 332-41-665, filed 12/21/92, effective 1/21/93.
Statutory Authority:
Chapter 43.21C RCW and RCW
43.30.150. 84-18-052 (Order 432), § 332-41-665, filed 9/5/84.
Formerly chapter 332-40
WAC.
