4.3 County, State and Federal Permits and Approvals
The National Environmental Policy Act of 1969 (NEPA, 40 CFR 1500–1508) may apply to projects receiving federal permits or approvals in this section. NEPA is a wide-reaching mandate for federal agencies to evaluate and document potential environmental impacts. There are three levels of documentation for NEPA: categorical exclusion (CE), environmental assessment (EA), and environmental impact statement (EIS). The lead federal agency issuing the permit is responsible for ensuring that the NEPA requirements are met. When there is a federal permit, there may be additional federal environmental laws that govern the project and must be considered as part of the NEPA process. The level of documentation depends on the type and extent of potential impacts on the environment. Agency websites will typically have information on NEPA requirements and contact information.
The Governor’s Office for Regulatory Innovation and Assistance provides environmental federal, state, and local permitting resources that may be relevant for your project. Please review the Regulatory Handbook to see what permits may apply to your project. The following permits and approvals may apply to projects within or adjacent to the right-of-way:
|
Permit Type or Approval |
Overview |
Agency |
|
Archaeological and Cultural Resources |
Archaeological Site Alteration and Excavation Permit: Required for excavation on lands within the state that may alter or remove an archaeological resource, native Indian graves, cairns, or painted or glyptic records. The status of any sites or structures listed in or eligible for the State or National Register of Historic Places may need to be determined. Plans for protection or mitigation measures may be a condition of any permit issued. Get more information from the SDCI Director’s Rule 2-98. |
Washington State Department of Archaeology and Historic Preservation 1063 South Capitol Way, Suite 106 |
|
Waste and Toxic Substances |
Hazardous Substance Release Notification Requirement (MTCA): MTCA is a citizen-mandated hazardous waste cleanup law. Under the MTCA regulations, owners and operators must report to the Department of Ecology any release or threatened release of a hazardous substance on their site. This requirement must be met if a historical release or a situation that could cause a release is discovered on a site. A verbal or written report must be made within 90 days of discovery. A party may also conduct an independent clean up action and request services from the Department of Ecology as part of the Voluntary Cleanup Program. Refer to the discussion of underground storage tanks (UST) below for additional requirements. |
Washington State Department of Ecology Toxics Cleanup Program |
|
Underground Storage Tank Notification Requirements: A state notification form, available from the Department of Ecology must be completed by projects that have installed or intend to install, or want to close or remove an UST. |
Washington State Department of Ecology 300 Desmond Drive SE |
|
|
Water Resources |
King County Industrial Wastewater Discharge Permit: This permit is needed if your project requires dewatering for subsurface work or if the construction uses a process that produces wastewater. The County and the City limit the volume and types of discharge based on the expected presence or absence of contaminates, the location of your project within the drainage system, and the time of year. Seattle Public Utilities (SPU) must approve use of manholes for project discharges before you can complete the King County application process. For more information contact the SPU Development Services Office (DSO) at (206) 684-3333 or spu_dso@seattle.gov. |
King County 201 S Jackson Street, Suite 513 |
|
NPDES Construction Stormwater General Permit: A permit is required from the Department of Ecology for soil disturbing activities (including grading, stump removal, demolition), where 1 or more acres will be disturbed, and have a discharge of stormwater to a receiving water (e.g., wetlands, creeks, unnamed creeks, rivers, marine waters, ditches, estuaries), and/or storm drains that discharge to a receiving water. |
Washington State Department of Ecology 300 Desmond Drive SE |
|
|
Wetlands: If you anticipate working in lands that are transitional between open water and uplands or that may be periodically inundated or saturated, you may be dealing with wetlands. Wetlands perform numerous important functions including water quality improvement, flood peak reduction, and stream and groundwater recharge while providing essential fish and wildlife habitat. Numerous federal, state, and local laws affect the use and protection of wetlands. Many permit requirements under these laws are listed in this water resources section. |
Washington State Department of Ecology 300 Desmond Drive SE |
|
|
Hydraulic Project Approval (HPA): Work that is near, uses, diverts, obstructs, or changes the natural flow or bed of any of the salt or fresh waters of state may require a HPA from the Department of Fish and Wildlife (WDFW). Permit processing can take up to 45 days following receipt of a complete application package. Submit an application and any supporting documents using the online Aquatic Protection Permitting System (APPS). |
Washington State Department of Fish and Wildlife 600 Capital Way N |
|
|
Aquatic Use Authorization: Anyone wishing to use state-owned aquatic lands (including harbors, state tidelands, shorelands, and beds of navigable waters and owners of adjacent lands) for a temporary construction exemption or permanent easement must get authorization from the Department of Natural Resources (DNR). Download an application for an individual permit, called a Joint Aquatic Resource Permit Application (JARPA) and Attachment E. |
Washington State Department of Natural Resources 1111 Washington Street SE |
|
|
401 Water Quality Certification: Federal permit or license to conduct any activity that might result in a discharge of dredge or fill material into water or non-isolated wetlands or excavation in water or non-isolated wetlands. Issuance of a certification means that the Department of Ecology anticipates that the applicant’s project will comply with state water quality standards and other aquatic resource protection requirements under Ecology’s authority. The 401 Certification can cover both the construction and operation of the proposed project. Download an application for an individual permit, called a Joint Aquatic Resource Permit Application (JARPA). |
Washington State Department of Ecology 300 Desmond Drive SE |
|
|
Section 404 Permit – Discharge of Dredge and Fill Material: An Army Corps of Engineers Permit is required when locating a structure, excavating, or discharging dredged or fill material in waters of the United States or transporting dredged material for the purpose of dumping it into ocean waters. Typical projects requiring these permits include the construction and maintenance of piers, wharfs, dolphins, breakwaters, bulkheads, groins, jetties, mooring buoys, and boat ramps. Download an application for an individual permit, called a Joint Aquatic Resource Permit Application (JARPA). |
US Army Corps of Engineers PO Box 3755 |
|
|
Section 10 Permit – Work in Navigable Waters: An Army Corps of Engineers Permit is required when locating a structure, excavating, or discharging dredged or fill material in waters of the United States or transporting dredged material for the purpose of dumping it into ocean waters. Typical projects requiring these permits include the construction and maintenance of piers, wharfs, dolphins, breakwaters, bulkheads, groins, jetties, mooring buoys, and boat ramps. |
US Army Corps of Engineers PO Box 3755 |
|
|
Coastal Zone Consistency Determination: Activities and development affecting coastal resources in 15 Washington counties with marine shorelines involving federal licenses or permits require a Coastal Zone Management (CZM) decision from the Department of Ecology. |
Washington State Department of Ecology 300 Desmond Drive SE |
|
|
Notice of Intent to Construct or Decommission a Well: A project seeking to have a well constructed or decommissioned is required to submit a Notice of Intent (NOI) to the Department Ecology. A NOI is required for all drilling activities including: deepening, alteration, reconstruction, and decommissioning of wells. Wells include water wells, monitoring/resource protection wells, geotechnical soil borings, environmental investigation wells, geothermal heat pump borings, and dewatering systems. The NOI does not give permission to engage in construction or decommission activities or to withdraw groundwater. |
Washington State Department of Ecology 300 Desmond Drive SE |