BOCC Exhibits A-E ECY Approved SMP-Code Amendments

Home Browse Search

Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance Kittitas County Shoreline Master Program Exhibit D | March 2016 | Page 314 of 339 (iii) By the Washington State Department of Ecology as a WDFW - sponsored fish habitat enhancement or restoration project; (iv) Through the review and approval process for the Jobs for the Environment Program; (v) Through the review and approval process for conservation district- sponsored projects, where the project complies with design standards established by the Conservation Commission through interagency agreement with the U. S. Fish and Wildlife Service and the Natural Resource Conservation Service; (vi) Through a formal grant program established by the Legislature or the Washington State Department of Fish and Wildlife for fish habitat enhancement or restoration; and (vii) Through other formal review and approval processes established by the Legislature. (b) Fish habitat enhancement projects meeting the criteria of p.iv(a) of this subsection are expected to result in beneficial impacts to the environment. Decisions pertaining to fish habitat enhancement projects meeting the criteria of p.iv(a) of this subsection and being reviewed and approved according to the provisions of this Section are not subject to the requirements of RCW 43.21C.030 (2)(c). (c) A hydraulic project approval (HPA) permit is required for projects that meet the criteria of p.iv(a) of this subsection and are being reviewed and approved under this Section. An applicant shall use a joint aquatic resource permit (JARPA) application form developed by the Office of Regulatory Assistance to apply for approval under this chapter. On the same day, the applicant shall provide copies of the completed application form to the Washington State Department of Fish and Wildlife and to each appropriate local government agency. Local governments shall accept the application as notice of the proposed project. The Washington State Department of Fish and Wildlife shall provide a fifteen-(15)-day comment period during which it will receive comments regarding environmental impacts. Within forty-five (45) days, the Washington State Department of Ecology shall either issue a permit, with or without conditions, deny approval, or make a determination that the review and approval process created by this Section is not appropriate for the proposed project. Ecology shall base this determination on identification during the comment period of adverse impacts that cannot be mitigated by the conditioning of a permit. If Ecology determines that the review and approval process created by this Section is not appropriate for the proposed project, Ecology shall notify the applicant and the appropriate local governments of its determination. The applicant may reapply for approval of the project under other review and approval processes. Any person aggrieved by the approval, denial, conditioning, or modification of a permit under this Section may formally appeal the decision to the Hydraulic Appeals Board pursuant to the provisions of this chapter. (d) The County may not require permits or charge fees for fish habitat enhancement projects that meet the criteria of p.iv(a) of this subsection and that are reviewed and approved according to the provisions of this Section. 3. Letter of exemption. a. General. A letter of exemption is required for all requests for exemption from a shoreline substantial development permit to ensure the proposal complies with the regulations of this SMP, except for emergency development pursuant to WAC 173-27-040(2)(d) and