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<br /> <br />16 <br /> <br />d. Effect of Director’s Determination. A determination regarding the apparent absence <br />of one or more critical areas by the director is not an expert certification regarding the <br />presence of critical areas and the determination is subject to possible reconsideration <br />and reopening if new information is received. If the applicant wants greater <br />assurance of the accuracy of the critical area review determination, the applicant <br />may choose to hire a qualified professional to provide such assurances. <br /> <br />3. Request for Technical Assistance. The Director may engage technical consultants or <br />agencies with expertise to provide third party review and interpret critical area data and <br />findings submitted by or on behalf of the applicant in instances where County staff lack the <br />resources or expertise to review these materials. An applicant may be required to pay for or <br />reimburse the County for the review costs incurred. <br />4. Pre-Qualification of Consultants. The Director may prepare and maintain a list of qualified <br />technical consultants and firms that meet the qualified professional standards detailed in <br />KCC 17A.01.610. Any proposed consultant whose name is not on the list may submit a <br />statement of qualifications including information on experience in the preparation of critical <br />area studies, years of experience, and sample work. Upon approval of the submitted <br />qualifications, the Director shall add the name to the list of qualified consultants. The Director <br />may reject data and findings from non-pre-qualified consultants or require a third-party <br />review per KCC 17A.01.110.3. <br /> <br />17A.01.120 Relationships to Other Regulations <br />1. This Title shall apply as an overlay and in addition to zoning and other regulations adopted <br />by the County. <br />2. Any individual critical area adjoined by another type of critical area shall have the buffer and <br />meet the requirements that provide the most protection to the critical areas involved. When <br />any existing regulations, easement, covenant, or deed restriction conflicts with this Title that <br />which provides more protection to the critical area shall apply. <br />3. These critical areas regulations shall apply concurrently with review conducted under the <br />State Environmental Policy Act (SEPA), as locally adopted. <br />4. Compliance with the provisions of this Title does not constitute compliance with other federal, <br />state, and local regulations and permit requirements that may be required (for example, <br />Hydraulic Project Approval [HPA] permits, Section 106 of the National Historic Preservation <br />Act, U.S. Army Corps of Engineers Section 404 permits, National Pollution Discharge <br />Elimination System permits). The applicant is responsible for complying with these <br />requirements, apart from the process established in this Title. <br /> <br />17A.01.130 Best Available Science <br />Critical areas reports and decisions to alter critical areas shall be based on the most current best <br />available science to protect the functions and values of critical areas in Kittitas County. <br /> <br /> <br /> <br />17A.01.150 Critical Areas Report Review and Determination <br />1. The director shall make a determination as to whether the proposed alteration or <br />development and associated mitigation, if any, is consistent with the provisions of thisTitle. <br />The director’s determination shall be based on the following criteria: <br />a. The proposal minimizes the impact on critical areas in accordance with KCC <br />17A.01.100, Critical Areas Mitigation; <br />b. The proposal is consistent with the general purposes of this Title; <br />c. Any alterations permitted to the critical area(s) are mitigated in accordance with this <br />Title’s mitigation requirement sections depending on the type of critical area(s) <br />impacted;