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Kittitas County Shoreline Master Program <br />environment. Decisions pertaining to fish habitat enhancement projects <br />meeting the criteria of p.iv.A of this subsection and being reviewed and <br />approved according to the provisions of this Section are not subject to <br />the requirements of RCW 43.21C.030 (2Xc). <br />(c) A hydraulic project approval (HPA) permit is required for projects that <br />meet the criteria of p.iv.A of this subsection and are being reviewed and <br />approved under this Section. An applicant shall use a joint aquatic <br />resource permit (JARPA) application form developed by the Office of <br />Regulatory Assistance to apply for approval under this chapter. On the <br />same day, the applicant shall provide copies of the completed <br />application form to the Washington State Department of Fish and Wildlife <br />and to each appropriate local government agency. Local governments <br />shall accept the application as notice of the proposed project. The <br />Washington State Department of Fish and Wildlife shall provide a fifteen- <br />(1s)-day comment period during which it will receive comments <br />regarding environmental impacts. Within forty-five (45) days, the <br />Washington State Departmentof ffi shall either <br />issue a permit, with or without conditions, deny approval, or make a <br />determination that the review and approval process created by this <br />Section is not appropriate for the proposed project. EeelegyWDFW shall <br />base this determination on identification during the comment period of <br />adverse impacts that cannot be mitigated by the conditioning of a permit. <br />lf Eee{eg}r-WDFW determines that the review and approval process <br />created by this Section is not appropriate for the proposed project, <br />Ceete$FlryDEUlshall notify the applicant and the appropriate local <br />governments of its determination. The applicant may reapply for <br />approval of the project under other review and approval processes. Any <br />person aggrieved by the approval, denial, conditioning, or modification of <br />a permit under this Section may formally appeal the decision to the <br />Hydraulic Appeals Board pursuant to the provisions of this chapter. <br />(d) The County may not require permits or charge fees for fish habitat <br />enhancement projects that meet the criteria of p.iv.A of this subsection <br />and that are reviewed and approved according to the provisions of this <br />Section. <br />3. Developments not required to obtain shoreline permits or local reviews. <br />a. Reouirements to obtain a Srrbstantial ent Permit. Conditional Use Permit. <br />Variance, letter of exemption: or other review to implement the Shoreline <br />Manaqement Act do not applv to the followinq:i. Remedial actions. Pursuant to RCW 90.58.355. anv person conductinq a <br />remedial action at a facilitv pursuant to a consent decree. order. or aqreed <br />order issued pursuant to Chapter 70.105D RCW. or to the Department of <br />Ecoloqv when it conducts a remedial action under Chapter 70.105D.ii. Boatvard imorovements to meet NPDES permit requirements. Pursuant to <br />RCW 90.58.355 nv nerson tn sta llino site imorovements for storm watera <br />treatm rd facilitv to meet reouirements of a nationalent in an existi no boafva <br />148Chapter 7 <br />March 7,2016