14.20.040 Environmental and Cultural Review.
(1) If the development permit application is granted a certificate of consistency or certificate of conditional use, the application shall be forwarded to Natural Resources and THPO for environmental and cultural review.
(2) Natural Resources and THPO shall review the development permit application and proposed development activity for:
(a) Potential impact on water, marine life, or wildlife resources;
(b) Potential impact on unique or sensitive characteristics of geography or hydrology;
(c) Potential impact on species listed as endangered or threatened under the Endangered Species Act;
(d) Potential impact on cultural, religious, or historical resources of the Tribe or its members;
(e) Potential health impacts on the surrounding population; and
(f) Compliance with tribal, federal, and, in appropriate cases, state environmental laws.
(3) Upon consideration of the foregoing, Natural Resources and THPO shall make an initial determination as to the potential environmental and cultural impacts of the proposed development activity. If Natural Resources and THPO find no potential impacts, they may refer the development permit application back to the Director for next steps. If Natural Resources finds any potential impacts to the areas listed above, they may order the applicant to obtain, at their sole expense, an environmental assessment by a company recommended by Natural Resources, or Natural Resources may deny the application.
(4) If an applicant’s environmental assessment returns no significant findings, Natural Resources may then refer the application to the Director for next steps. If the assessment finds potential impacts to the items listed in STC 14.20.040(2) or other concerns, Natural Resources may deny the application upon a written decision or may refer the applicant for further environmental review by outside entities, including federal agencies and/or private companies.
(5) In lieu of an application denial based on potential environmental impacts, Natural Resources may issue a recommendation for mitigation measures associated with any potential environmental impacts. These mitigation measures shall be forwarded to the Director and considered in the Director’s final decision. If the Director approves the development permit application, it must include any mitigation measures recommended by Natural Resources.
(6) If THPO finds potential impacts to cultural resources, they may refer the application to the Director with recommended mitigation measures or deny the application. If there is no perceived potential impact on cultural resources, THPO shall refer the application to the Director for final decision. If the Director approves the development permit application, it must include any mitigation measures recommended by THPO and a plan to stop work if cultural resources are discovered during development. [Res. 2023-09-004 § 1, 2023; Res. 2021-11-001 § 7 (Att. A), 2021.]