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File: KNAM-R

State Environmental Policy Act

PART ONE

GENERAL REQUIREMENTS

Section 1. PURPOSE OF THIS PART AND ADOPTION BY REFERENCE
This part contains the basic requirements that apply to the State Environmental Protection Act (SEPA) process. The following sections of Chapter 197-11 of the Washington Administrative Code (WAC) are adopted by reference:

WAC
197-11-040 Definitions
197-11-050 Lead agency
197-11-055 Timing of the SEPA process
197-11-060 Content of environmental review
197-11-070 Limitations on actions during SEPA process
197-11-080 Incomplete or unavailable information
197-11-090 Supporting documents
197-11-100 Information required of applicants

Section 2. ADDITIONAL DEFINITIONS
In addition to those definitions contained within WAC 197-11-700 through 799, when used in these procedures, the following terms shall have the following meanings, unless the context indicates otherwise:

(1) “District” means the Lake Washington School District No. 414, King County, Washington.

(2) “Procedures” means the procedures prepared and adopted by the District to implement SEPA regulatory requirements.

(3) “SEPA rules” means chapter 197-11 WAC adopted by the Council on Environmental Policy.

(4) “Superintendent” shall mean the superintendent of the District.

(5) “Board” means the Board of Directors of the District.

Section 3. DESIGNATION OF RESPONSIBLE OFFICIAL

(1) The responsible official shall be the superintendent or acting superintendent of the District, or his/her designee.

(2) For all proposals for which the District is the lead agency, the responsible official shall make the threshold determinations, supervise scoping and preparation of any required environmental checklist or impact statement (EIS), and perform any other functions assigned to the “lead agency” or “responsible official” by those sections of the SEPA rules that are adopted by reference in these procedures.

(3) The District shall retain all documents required by the SEPA rules (chapter 197-11 WAC) and make them available in accordance with chapter 42.17 RCW.

Section 4. LEAD AGENCY DETERMINATION AND RESPONSIBILITIES
The District is lead agency for the proposals it initiates and is responsible for compliance with SEPA regulations.

PART TWO

CATEGORICAL EXEMPTIONS AND THRESHOLD DETERMINATIONS

Section 5. PURPOSE OF THIS PART AND ADOPTION BY REFERENCE
This part contains the rules for deciding whether a proposal has a “probable, significant, adverse environmental impact” requiring an Environmental Impact Statement (EIS) to be prepared. This part also contains rules for evaluating the impacts of proposals not requiring an EIS. The following sections are adopted by reference, as supplemented in this part:

WAC
197-11-300 Purpose of this part
197-11-305 Categorical exemptions
197-11-310 Threshold determination required
197-11-315 Environmental checklist
197-11-330 Threshold determination process
197-11-335 Additional information
197-11-340 Determination of nonsignificance (DNS)
197-11-350 Mitigated DNS
197-11-360 Determination of significance (DS)/initiation of scoping
197-11-390 Effect of threshold determination


Section 6. CRITICAL AREAS

(1) In its actions, the District will respect “critical areas” and their modified exemption criteria which have been adopted and displayed by local governments pursuant to WAC 197-11-908 and the Growth Management Act, Chapter 36.70A RCW.

(2) Actions which will be located wholly or partially within a critical area are to be treated no differently from other actions under these guidelines, except as stated above. A threshold determination will be made for all such actions, and an Environmental Impact Statement (EIS) will not automatically be required for a proposal merely because it is proposed for location in a critical area.

Section 7. USE OF EXEMPTIONS

(1) When the District initiates a proposal, it shall determine whether the license and/or the proposal is exempt. The District’s determination that a proposal is exempt shall be final and not subject to administrative review. If a proposal is exempt, none of the procedural requirements of these procedures apply to the proposal. The District shall not require completion of an environmental checklist for an exempt proposal.

(2) To determine whether or not a proposal is exempt, the District will ascertain the total scope of the proposal and the governmental licenses required. If a proposal includes a series of actions, physically or functionally related to each other, some of which are exempt and some of which are not, the proposal is not exempt and the District must complete a threshold determination.

(3) In determining whether a proposal is exempt from SEPA, the District shall comply with the square footage and parking space threshold levels adopted by the jurisdiction where the proposal is located under WAC 197-11-800(1), (2), and (3).

(4) If a proposal includes both exempt and nonexempt actions, the District may authorize exempt actions prior to compliance with the procedural requirements of these procedures, except that:

(a) The District shall not give authorization for:

(i) any nonexempt action;
(ii) any action that would have an adverse environmental impact; or
(iii) any action that would irrevocably commit the District to approve or authorize a nonexempt action or would limit the choice of alternatives.

(b) The District may withhold approval of an exempt action that would lead to modification of the physical environment, when such modification would serve no purpose if nonexempt action(s) were not approved; and

(c) The District may withhold approval of exempt actions that would lead to substantial financial expenditures when the expenditures would serve no purpose if nonexempt action(s) were not approved.

Section 8. ENVIRONMENTAL CHECKLIST

(1) Except as provided in WAC 197-11-315, the District must complete an environmental checklist (WAC 197-11-960) for any proposal that meets the definition of action (WAC 197 11-709), and is not exempt pursuant to WAC 197-11-800 and -880, except, a checklist is not needed if the District and applicant determines an EIS is required, SEPA compliance has been completed, or SEPA compliance has been initiated by another agency. The District shall use the environmental checklist for purposes of making the threshold determination pursuant to the criteria and procedures of WAC 197-11-300 through -390.

(2) For District proposals where a checklist is required, the District shall complete the environmental checklist for that proposal. The most up to date Department of Ecology’s checklist form is to be used and can be found at http://www.ecy.wa.gov/programs/sea/sepa/forms.htm

Section 9. MITIGATED DNS

(1) As provided in this section and in WAC 197-11-350, the District may clarify or change features of its own proposals, and may specify mitigation measures in its own DNSs, as a result of comments of other agencies or the public or as a result of additional District planning.

(2) A mitigated DNS is issued under WAC 197-11-340(2), requiring a fourteen-day comment period and public notice.

(3) 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 provided by the District.

PART THREE

ENVIRONMENTAL IMPACT STATEMENT (EIS)

Section 10. PURPOSE OF THIS PART AND ADOPTION BY REFERENCE
This part contains the rules for preparing environmental impact statements. The following sections are adopted by reference as supplemented by this part:

WAC
197-11-400 Purpose of EIS
197-11-402 General requirements
197-11-405 EIS types
197-11-406 EIS timing
197-11-408 Scoping
197-11-410 Expanded scoping (Optional)
197-11-420 EIS preparation
197-11-425 Style and size
197-11-430 Format
197-11-435 Cover letter or memo
197-11-440 EIS Contents
197-11-442 Contents of EIS on nonproject proposals
197-11-443 EIS contents when prior nonproject EIS
197-11-444 Elements of the environment
197-11-448 Relationships of EIS to other considerations
197-11-450 Cost-benefit analysis
197-11-455 Issuance of DEIS
197-11-460 Issuance of FEIS

Section 11. PREPARATION OF EIS--ADDITIONAL CONSIDERATIONS

(1) Preparation of draft and final EISs (DEIS and FEIS), draft and final supplemental EISs (SEIS), and EIS addendums is the responsibility of the responsible official or his/her designee. Before the District issues an EIS, the responsible official shall be satisfied that it complies with these procedures and chapter 197-11 WAC.

(2) The DEIS and SEIS or draft and final SEIS shall be prepared by District staff or by a consultant selected by the District. In the event that an EIS is to be prepared by a consultant, the responsible official shall assure that the EIS is prepared in a responsible manner and with appropriate methodology. The responsible official shall direct the areas of research and examination to be undertaken, as well as the organization of the resulting document.

(3) No matter who participates in the preparation of an EIS, it must be approved by the responsible official prior to distribution,

PART FOUR

COMMENTING

Section 12. 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 following sections are adopted by reference, as supplemented in this part:

WAC
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
197-11-535 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.

Section 13. PUBLIC NOTICE

(1) Whenever the District issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the District shall give public notice using any one of the following methods or any combination thereof as may be deemed appropriate by the responsible official:

(a) Posting the property, for site-specific proposals;
(b) Publishing notice in a newspaper of general circulation in the county, city or general area where the proposal is located;
(c) Providing mailed notice to those citizens who wish to be informed regarding documents the District issues that require public notice; and
(d) Posting on the District’s website.

(2) Whenever the District 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) Posting the property, for site-specific proposals;
(b) If deemed appropriate by the responsible official, publishing notice in a newspaper of general circulation in the county, city, or general area where the proposal is located;
(c) Providing mailed notice to those citizens who wish to be informed regarding documents the District issues that require public notice; and
(d) Posting on the District’s website.

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

Section 14. DESIGNATION OF OFFICIAL TO PERFORM CONSULTED AGENCY RESPONSIBILITIES FOR THE DISTRICT

(1) The superintendent of the District or his/her designee shall be responsible for preparation of written comments for the District in response to a consultation request prior to a threshold determination, participation in scoping, and reviewing a DEIS.

(2) The superintendent of the District or his/her designee shall be responsible for the District’s compliance with WAC 197-11-400 through -460 whenever the District 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.

PART FIVE

USING EXISTING ENVIRONMENTAL DOCUMENTS

Section 15. PURPOSE OF THIS PART AND ADOPTION BY REFERENCE
This part contains rules for using and supplementing existing environmental documents prepared under SEPA or National Environmental Policy Act (NEPA) for the District’s own environmental compliance. The following sections are adopted by reference:

WAC
197-11-600 When to use existing environmental documents
197-11-610 Use of NEPA documents
197-11-620 Supplemental environmental impact statement--Procedures
197-11-625 Addenda--Procedures
197-11-630 Adoption--Procedures
197-11-635 Incorporation by reference--Procedures
197-11-640 Combining documents

PART SIX

SEPA AND AGENCY DECISIONS

Section 16. PURPOSE OF THIS PART AND ADOPTION BY REFERENCE
This part contains rules (and policies) for SEPA’s substantive authority, such as decisions to mitigate or reject proposals as a result of SEPA. This part also contains procedures for appealing SEPA determinations to agencies or the courts. The following sections are adopted by reference:

WAC
197-11-650 Purpose of this part
197-11-655 Implementation
197-11-660 Substantive authority and mitigation
197-11-680 Appeals

Section 17. SUBSTANTIVE AUTHORITY

(1) Policies and goals set forth in these procedures are supplementary to those in the existing authorization of the District.

(2) Any District action on proposals that are not exempt may be conditioned or denied under SEPA to mitigate the environmental impact subject to the limitations of WAC 197-11-660.

(3) The District designates and adopts by reference the following procedures as the
basis for the District’s exercise of authority pursuant to the section:

(a) The District shall use all practicable means, consistent with other essential considerations of state policy, to improve and coordinate plans, functions, programs and resources to the end that the state and its citizens may:

(i) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations;
(ii) assure for all people of Washington safe, healthful, productive and aesthetically and culturally pleasing surroundings;
(iii) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety or other undesirable and unintended consequences;
(iv) preserve important historic, cultural or natural aspects of our national heritage;
(v) maintain, whenever possible, an environment which supports diversity and variety of individual choice;
(vi) achieve a balance between population and resource use which will permit high standards of living and a wide sharing of life’s amenities; and
(vii) enhance the quality or renewable resources and approach the maximum attainable recycling of depletable resources.

(b) The District recognizes that each person has a fundamental and inalienable right to a healthful environment and that each person has a responsibility to contribute to the preservation and enhancement of the environment.

Section 18. NO ADMINISTRATIVE APPEALS
The District hereby:

(1) Eliminates, pursuant to WAC 197-11-680(2), appeals to its legislative body of any decision by a nonelected official conditioning or denying a proposal under authority of SEPA; and
(2) Elects, pursuant to WAC 197-11-680(3), not to provide for administrative appeals of determinations relating to SEPA.

Section 19. NOTICE/STATUTE OF LIMITATIONS
The District may publish a notice of action pursuant to RCW 43.21C.080 for any action. The form of the notice shall be substantially in the form provided in WAC 197-11-990.

PART SEVEN

DEFINITIONS

Section 20. PURPOSE OF THIS PART AND ADOPTION BY REFERENCE
This part contains uniform usage and definitions of terms under SEPA. The following sections are adopted by reference, as supplemented by these procedures:

WAC
197-11-700 Definitions
197-11-702 Act
197-11-704 Action
197-11-706 Addendum
197-11-708 Adoption
197-11-710 Affected tribe
197-11-712 Affecting
198-11-714 Agency
197-11-716 Applicant
197-11-718 Built environment
197-11-720 Categorical exemption
197-11-722 Consolidated appeal
197-11-724 Consulted agency
197-11-726 Cost-benefit analysis
197-11-728 County/city
197-11-730 Decision maker
197-11-732 Department
197-11-734 Determination of nonsignificance (DNS)
197-11-736 Determination of significance (DS)
197-11-738 EIS
197-11-740 Environment
197-11-742 Environmental checklist
197-11-744 Environmental document
197-11-746 Environmental review
197-11-750 Expanded scoping
197-11-752 Impacts
197-11-754 Incorporation by reference
197-11-755 Lands covered by water
197-11-758 Lead agency
197-11-760 License
197-11-762 Local agency
197-11-764 Major action
197-11-766 Mitigated DNS
197-11-768 Mitigation
197-11-770 Natural environment
197-11-772 NEPA
197-11-774 Nonproject
197-11-776 Phased review
197-11-778 Preparation
197-11-780 Private project
197-11-782 Probable
197-11-784 Proposal
197-11-786 Reasonable alternative
197-11-788 Responsible official
197-11-790 SEPA
197-11-792 Scope
197-11-793 Scoping
197-11-794 Significant
197-11-796 State agency
197-11-797 Threshold determination
197-11-799 Underlying governmental action

PART EIGHT

CATEGORICAL EXEMPTIONS

Section 21. ADOPTION BY REFERENCE
This District adopts by reference the following rules for categorical exemptions, as supplemented in these procedures:

WAC
197-11-800 Categorical exemptions
197-11-880 Emergencies
197-11-890 Petitioning DOE to change exemptions

PART NINE

AGENCY COMPLIANCE

Section 22. PURPOSE OF THIS PART AND ADOPTION BY REFERENCE
This part contains rules for agency compliance with SEPA. The following sections are adopted by reference:

WAC
197-11-900 Purpose of this part
197-11-902 Agency SEPA policies
197-11-908 Critical areas
197-11-910 Designation of responsible official
197-11-912 Procedures of consulted agencies
197-11-914 SEPA fees and costs
197-11-916 Application to ongoing actions
197-11-920 Agencies with environmental expertise
197-11-922 Lead agency rules
197-11-924 Determining the lead agency
197-11-926 Lead agency for governmental proposals
197-11-928 Lead agency for public and private proposals
197-11-930 Lead agency for private projects with one agency with jurisdiction
197-11-932 Lead agency for private projects requiring licenses from more than one agency, when one of the agencies is a county/city
197-11-934 Lead agency for private projects requiring licenses from a local agency, not a county/city, and one or more state agencies
197-11-936 Lead agency for private projects requiring licenses from more than one state agency
197-11-938 Lead agencies for specific proposals
197-11-940 Transfer of lead agency status to a state agency
197-11-942 Agreements on lead agency status
197-11-944 Agreements on division of lead agency duties
197-11-946 DOE resolution of lead agency disputes
197-11-948 Assumption of lead agency status

PART TEN

FORMS

Section 23. ADOPTION BY REFERENCE
The following forms and sections are adopted by reference:

WAC
197-11-960 Environmental checklist
197-11-965 Adoption notice
197-11-970 Determination of nonsignificance (DNS)
197-11-980 Determination of significance and scoping notice (DS)
197-11-985 Notice of assumption of lead agency status
197-11-990 Notice of action

Section 24. SEVERABILITY
If any provision of these regulations or its application to any person or circumstances is held invalid, the remainder of these regulations or the application of the provision to other persons or circumstances will not be affected.

Approved
04/24/17

A community volunteer works with an elementary school student

Foundations and Basic Commitments (Reference Code A)

General School Administration (Reference Code C)

District and school administrators working together

Policies about the school district management, the administrative structure and school building and department administration. Here, you will find the personnel policies that pertain to one the superintendent. See the Personnel section below for all other personnel policies.

Fiscal Management (Reference Code D)

Support Services (Reference Code E)

Facilities Development (Reference Code F)

Personnel (Reference Code G)

School principal and staff members working together in a classroomThe personnel policies are divided in three main subdivisions: topics that pertain to all employees; policies that pertain to professional personnel, including administrators, who must hold educational certification by the state to serve in their positions; and policies pertaining to all other personnel.

Negotiations (Reference Code H)

Staff members working together on a laptopThese policies pertain to the process of negotiating with staff units recognized by the school board.

Instruction (Reference Code I)

Student raises hand while elementary school teacher talks to classPolicies on instructional program: basic programs, special programs, activities programs, instructional resources and academic achievement.

Students (Reference Code J)

A group of diverse students sing during assemblyPolicies concerning students are found here: admissions, attendance, rights and responsibilities, conduct, discipline and health and welfare services. Policies pertaining to the curriculum, instruction of students, and extracurricular programs are in the Instruction section.

School-Community Relations (Reference Code K)

Community volunteer works with elementary school studentPolicies affecting relations with the general public and with community and public agencies except other educational agencies and groups.

Education Agency Relations (Reference Code L)