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or modification of a permit under this Section may formally appeal the decision <br />to the Hydraulic Appeals Board pursuant to the provisions of this chapter. <br />d. The County may not require permits or charge fees for fish habitat enhancement <br />projects that meet the criteria of p.iv(a) of this subsection and that are reviewed <br />and approved according to the provisions of this Section. <br />3. Developments not required to obtain shoreline permits or local reviews. <br />a. Requirements to obtain a Substantial Development Permit, Conditional Use Permit. <br />Variance, letter of exemption; or other review to implement the Shoreline Management Act <br />do not apply to the following: <br />i. Remedial actions. Pursuant to RCW 90.58.355, any person conducting a remedial <br />action at a facility pursuant to a consent decree, order, or agreed order issued <br />pursuant to Chapter 70.105D RCW, or to the Department of Ecology when it conducts <br />a remedial action under Chapter 70.105D. <br />ii. BoaVard improvements to meet NPDES permit requirements. Pursuant to RCW <br />90.58.355, any person installing site improvements for storm water treatment in an <br />existing boatyard facility to meet requirements of a national pollutant discharge <br />elimination system storm water general permit. <br />iii. WSDOT facility maintenance and safety improvements. Pursuant to RCW 90.58.356, <br />Washington State Department of Transportation projects and activities meeting the <br />conditions of RCW 90.58.356 are not required to obtain a Substantial Development <br />Permit, Conditional Use Permit, Variance, letter of exemption, or other local review. <br />iv. Projects consistent with an environmental excellence program agreement pursuant to <br />RCW 90.58.04s. <br />v. Projects authorized through the Energy Facility Site Evaluation Council process, <br />pursuant to Chapter 80.50 RCW. <br />3J. Letter of exemption. <br />a. General. A letter of exemption is required for all requests for exemption from a shoreline <br />substantial development permit to ensure the proposal complies with the regulations of <br />this SMP, except for emergency development pursuant to WAC 173-27-040(2)(d) and those <br />uses and developments specifically allowed without a letter of exemption in KCC <br />17B.0s.0s0(B). <br />b. Application. Any person claiming exemption from the substantial development permit <br />requirements shall submit an application for such an exemption in the manner prescribed <br />by the Shoreline Administrator. Applications shall include, at a minimum: a summary of the <br />proposed development project; identification of the specific exemption provisions <br />from WAC 173-27-040 that applies to the proposal; and a description of how the proposal <br />will comply with the applicable policies and regulations of this Shoreline Master Program. <br />c. Letter of exemption. Kittitas County shall prepare a letter of exemption, addressed to the <br />applicant and the Washington State Department of Ecology, whenever a proposal is <br />determined to be exempt from the substantial development permit requirements. The <br />letter of exemption must indicate the specific exemption provision from WAC 173-27- <br />040 that is applicable to the proposal and provide a summary of the consistency of the <br />proposal with the regulations of this title. <br />d. Watershed restoration projects. This Section applies to a letter of exemption for a <br />watershed restoration project pursuant to WAC 173-27-040 or subject to one or more of <br />the following federal permits: U.S. Army Corps of Engineers Section 10 permit under the