(1) Whenever the department is an agency of jurisdiction and determines that a DNS issued by another lead agency is inappropriate and that the proposal in question could cause significant harm to the resources under its jurisdiction, the department may assume lead agency status per WAC 197-11-948
(2) Within ten days of assuming lead agency status, the department will notify the proponent of the proposal in writing as to the reasons for its assumption of lead agency status.
(3) Prior to preparation of an EIS for the proposal, the department will consult with the proponent and give the proponent an opportunity to modify or change the proposal in such a way that an EIS may not be necessary as outlined in WAC 197-11-360
[Statutory Authority: RCW 77.04.012
, and 77.12.047
. WSR 17-05-112 (Order 17-04), recodified as § 220-600-110, filed 2/15/17, effective 3/18/17. Statutory Authority: RCW 77.12.047
. WSR 03-10-038 (Order 03-83), § 220-100-065, filed 4/30/03, effective 5/31/03. Statutory Authority: RCW 75.08.080
. WSR 84-19-053 (Order 84-144), § 220-100-065, filed 9/18/84.]