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• WAC 197-11-680 sets forth rules for appealing decisions and actions under SEPA. <br /> WAC 197-11-680(2) provides each jurisdiction with Lead Agency responsibility the <br /> authority to provide or not to provide for administrative appeals of SEPA decisions or <br /> actions. <br /> • SEPA administrative appeals authorized by Ordinance No. 1348-87 are set forth in <br /> Section VIIB(5) and VIIC(1). Section VIIB(5) authorizes the appeal of a decision <br /> imposing a SEPA condition by a non-elected official and Section VIIC(1) provides for <br /> appeal of the threshold determination. The appeals in this hearing are made pursuant to <br /> Section VIIB(5) for the sole purpose of reviewing the appropriateness of the mitigation <br /> measures imposed by the Responsible Official in the Decision Document. <br /> • The City does not provide for an administrative appeal regarding the adequacy of the <br /> subject EIS. "EIS 'adequacy' in its narrow and usual sense, refers to the sufficiency of <br /> the environmental data contained in an EIS." Settle, The Washington State <br /> Environmental Policy Act. 155 14(a)(i) 1991. The issues raised by the appellants in this <br /> category relate to the adequacy of the EIS. The test for adequacy is the application of <br /> the rule of reason. Cheney v Mountlake Terrace, 87 Wn.2d.338, 552 P.2d 184 (1976). <br /> Whether or not an EIS is adequate under SEPA is a question of law. Citizens for Clean <br /> Air v Spokane, 114 Wn.2d 20 785 P2d 447 (1990). Challenges to the adequacy of the <br /> EIS can only be addressed by the courts. <br /> Conclusions: <br /> • The City's SEPA ordinance, Ordinance No. 1348-87, does not provide for an <br /> administrative appeal on the issue of adequacy. The Council does not have jurisdiction <br /> to entertain appeals related to the adequacy of the EIS. The appeals in this matter have <br /> been filed pursuant to Section VIIB(5) of Ordinance No. 1348-87 which grants and limits <br /> the Council with jurisdiction and authority to review the appropriateness and sufficiency <br /> of the conditions imposed in the Decision Document. <br /> Decision: <br /> Appeals asserting the inadequacy of the EIS are denied for lack of jurisdiction. <br /> SECTION 4: YEW TREES AND OPEN SPACE <br /> Findings: <br /> • The site contains the only known concentration of Pacific Yew trees in Everett. The Yew <br /> groves were designated by the City as a "significant biological area" in a 1981 <br /> environmental study (FEIS, pg 3-34). <br /> 4 <br />