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a. Requirements to obtain a Substantial Development Permit, Conditional Use Permit, <br />Variance, letter of exemption: or other review to implement the Shoreline Management <br />Act 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 Depaftment of Ecology when it <br />conducts a remedial action under Chapter 70.105D. <br />ii. Boatyard 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 <br />90.58.356. Washington State Department of Transportation projects and activities <br />meeting the conditions of RCW 90.58.356 are not required to obtain a Substantial <br />Development Permit, Conditional Use Permit. Variance. letter of exemption. or <br />other local review. <br />iv. Projects consistent with an environmental excellence program agreement <br />oursuant to RCW 90.58.045. <br />v. Projects authorized through the Energy Facility Site Evaluation Council process, <br />pursuant to Chapter 80.50 RCW. <br />3.4. Letter of exemption. <br />a. General. A letter of exemption is required for all requests for exemption from a <br />shoreline substantial development permit to ensure the proposal complies with the <br />regulations of this SMP, except for emergency development pursuant to WAC 173-27- <br />040(2Xd) and those uses and developments specifically allowed without a letter of <br />exemption in KCC 178.05.050(8). <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 <br />prescribed by the Shoreline Administrator. Applications shall include, at a minimum: a <br />summary of the proposed development project; identification of the specific <br />exemption provisions from WAC 173-27-040 that applies to the proposal;and a <br />description of how the proposal will comply with the applicable policies and <br />regulations of this Shoreline Master Program. <br />c, Letter of exemption. Kittitas County shall prepare a letter of exemption, addressed to <br />the applicant and the Washington State Department of Ecology, whenever a proposal <br />is determined to be exempt from the substantial development permit requirements. <br />The letter of exemption must indicate the specific exemption provision from WAC 173- <br />27-040 that is applicable to the proposal and provide a summary of the consistency of <br />the 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 <br />of the following federal permits: U.S. Army Corps of Engineers Section 10 permit under <br />the Rivers and Harbors Act of 1899 (generally applicable to any project occurring on or <br />over navigable waters); or Section 404 permit under the Federal Water Pollution <br />Exhibit C SMP Update | 178.07.030 Permit Exemptions Page 9 of 10