Appealing CAMWEST DEVELOPMENT, et al, sheds light on the stringent environmental SEPA process

OPINION:  Environmental appeals of CAMWEST DEVELOPMENT, INC. and other developer land use projects prove environmental SEPA appeals are a circular and unfruitful process. (SEPA is an acronym for "State Environmental Protection Act").

ATTENTION:  This report and opinion is dated and can be misleading  B.Y.  5/8/12  Read More >>
However, if citizens follow a few procedures during commenting and appeal they can improve their chances to preserve scores of landmark trees, protect private well water, fish & wildlife and other natural resources. (More condominiums and fewer compressed houses would preserve land & habitat and would help too.)

1. When you comment and appeal an environmental "SEPA Determination", make certain you refer to the Redmond City Development Guide Code 20F.30.15 & others (use > to advance). Also, write up and record as many environmental impacts as you can think of even if you don't have "proof" yet. Why?


2. A citizen who referred to city codes during a CAMWEST plat appeal to council - was allowed a reconsideration to save over **36 huge, landmark trees. That same environmental tree issue was earlier denied by the Hearing Examiner! By code, removal of Landmark Trees requires an **Exemption; the Exemption must be on record with both the Hearing Examiner and Council (for a plat). It wasn't . Thus the problem for Camwest.


3. The same citizens appealed for private well water protections but were denied council review. It got hung up by the Hearing Examiner's SEPA and Plat decision for lack off appropriate reference to code.


4. ONE WAY TO "BEAT SEPA". You can modify the SEPA Determination by hiring an expert to prove the developer's "qualified consultant" wrong. I did. I proved CAMWEST's wetland consultant wrong on a stream buffer delineation. My expert, a King County Basin Steward biologist, reclassified a stream allowing wider riparian buffers and protections for salmon and riparian corridor. I was lucky. I didn't have to pay for my consultant.

I learned during recent citizen SEPA appeals of CAMWEST DEVELOPMENT, INC. projects that even if the State Court decides in favor of the citizen appellant, the SEPA decision will go back to the city for an Environment Impact Statement" (EIS) decision! Appealing environmental decisions at the plat level is more efficient and effective, but you must get appropriate city code entered into the record. Otherwise the Hearing Examiner will cut you off at the pass.

The Washington State Department of Ecology SEPA HANDBOOK has all the information a citizen would need to guide them through the fundamental SEPA process.

For Redmonites the City of Redmond is "the lead agency" for how SEPA laws are applied to land use projects. Historically, the city's contracted lawyer has decided about roughly 99% of environmental impacts are not large enough to warrant an "Environmental Impact Statement" (EIS). Thus, 99% of the time citizens will see a "Determination of Non Significance" notice posted on the signs and mailed to residents within 500 feet.

Citizens have 14 days to comment the SEPA Notice of Determination once it's posted. If you don't comment, you will never have a chance to appeal the city's environmental decisions.

The city pays "Hearing Examiners" (lawyers) to evaluate your appeal and make a decision. I never heard of anyone in Redmond who won a SEPA appeal. Providing you continue to follow confusing procedures and do your paperwork on time you can appeal the Hearing Examiner's SEPA decision to the State Supreme Court.