BOCC Exhibits A-E ECY Approved SMP-Code Amendments

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Kittitas County Board of County Commissioners Shoreline Master Program Adopting Ordinance Kittitas County Shoreline Master Program Exhibit D | March 2016 | Page 315 of 339 those uses and developments specifically allowed without a letter of exemption in KCC 17B.05.050(B). b. Application. Any person claiming exemption from the substantial development permit requirements shall submit an application for such an exemption in the manner prescribed by the Shoreline Administrator. Applications shall include, at a minimum: a summary of the proposed development project; identification of the specific exemption provisions from WAC 173-27-040 that applies to the proposal; and a description of how the proposal will comply with the applicable policies and regulations of this Shoreline Master Program. c. Letter of exemption. Kittitas County shall prepare a letter of exemption, addressed to the applicant and the Washington State Department of Ecology, whenever a proposal is determined to be exempt from the substantial development permit requirements. The letter of exemption must indicate the specific exemption provision from WAC 173-27-040 that is applicable to the proposal and provide a summary of the consistency of the proposal with the regulations of this title. d. Watershed restoration projects. This Section applies to a letter of exemption for a watershed restoration project pursuant to WAC 173-27-040 or subject to one or more of the following federal permits: U.S. Army Corps of Engineers Section 10 permit under the Rivers and Harbors Act of 1899 (generally applicable to any project occurring on or over navigable waters); or Section 404 permit under the Federal Water Pollution Control Act of 1972 (generally applicable to any project which may involve discharge of dredge or fill material to any water or wetland area). i. The letter of exemption must indicate the specific exemption provision from WAC 173-27-040 that is applicable to the proposal and provide a summary of the consistency of the proposal with the regulations of this SMP. ii. Watershed restorations projects must be reviewed in an expeditious manner and an exemption decision, together with any conditions, must be issued within forty- five (45) days of receiving all materials necessary to review the request for exemption. No fee may be charged for accepting and processing requests for exemption for watershed restoration projects as used in this Section. 4. Programmatic statements of exemption. a. Applicability. Programmatic statements of exemption may be issued for activities exempt under the provisions of KCC 17B.07.030(2) above that: i. Are repetitive and part of a maintenance program or other similar program; ii. Have the same or similar identifiable impacts each time the activity is repeated at all sites covered by the programmatic statement of exemption; and iii. Are suitable to having standard conditions that will apply to any and all sites. b. Conditions. A programmatic statement of exemption shall not be issued until appropriate conditions, if needed, are developed and approved. Conditions shall apply uniformly to each activity authorized and all locations covered by the programmatic statement of exemption. Conditions may include specifications for the frequency, method and contents of periodic status reports. c. Revisions. The programmatic statement of exemption may be modified or withdrawn if the Shoreline Administrator determines that: i. The programmatic statement of exemption or activities authorized under the statement of exemption no longer comply with law; ii. The programmatic statement of exemption does not provide adequate regulation of the activity; iii. The conditions or the manner in which the conditions are implemented are not adequate to protect against the impacts resulting from the activity.