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<br /> <br />17 <br /> <br />d. The proposal protects the critical area functions and values consistent with the best <br />available science and results in no net loss of critical area functions and values; and <br />e. The proposal is consistent with other applicable regulations and standards. <br />2. The county may condition the proposed alteration or development as necessary to mitigate <br />impacts to critical areas and to conform to the standards required by this Title. <br />3. Determination. The Director will determine if the proposed alteration or development meets <br />the criteria in KCC 17A.01.150(1) and complies with the applicable provisions of this Title. <br />The Director shall prepare a written notice of determination and identify any required <br />conditions of approval. <br />a. If a proposed alteration or development is approved under this Title a notice of <br />determination and conditions of approval shall be included in the project file, be <br />considered in the next phase of the County’s review of the proposed alteration or <br />development in accordance with any other applicable codes and regulations, and <br />shall be attached to the underlying permit or approval. <br />i. Any subsequent changes to the conditions of approval shall void the previous <br />determination pending re-review of the proposal and conditions of approval <br />by the director. <br />ii. A favorable determination should not be construed as endorsement or <br />approval of any underlying permit or approval. <br />b. If a proposed alteration or development is rejected due to not adequately mitigating <br />its impacts on the critical area(s) and/or does not comply with the criteria in KCC <br />17A.01.150(1), and the provisions of this Title, the Director shall prepare a written <br />notice of the determination that includes findings of noncompliance. <br />i. No proposed alteration, development, or permit shall be approved or issued if <br />it is determined that the proposed activity does not adequately mitigate its <br />impacts on the critical area(s) and/or does not comply with the provisions of <br />this Title. <br />ii. Upon receiving a notice of determination that includes findings of <br />noncompliance, the applicant may request consideration of a revised critical <br />areas report. <br />iii. If the revision is found to be substantial and relevant to the critical area <br />review, the Director may reopen the critical area review and make a new <br />determination based on the revised report. <br />4. The County’s determination regarding critical areas pursuant to this Title shall be concurrent <br />with the final decision to approve, condition, or deny the development proposal or other <br />alteration involved. <br /> <br /> <br />17A.01.170 Enforcement <br />1. Generally. When a critical area or its buffer has been altered in violation of this Title, all <br />ongoing development work shall stop, and the critical area and buffer shall be restored. The <br />County shall have the authority to issue a stop work order to cease all ongoing development <br />work, and order restoration, rehabilitation, or replacement measures at the owner’s or other <br />responsible party’s expense to compensate for violation of provisions of this Title. <br />2. Requirement for Restoration Plan. All development work shall remain stopped until a <br />restoration plan is prepared and approved by the County. Such a plan shall be prepared by a <br />qualified professional using best available science and shall describe how the actions <br />proposed meet the minimum requirements described below. Inadequate plans shall be <br />returned to the applicant or violator for revision and resubmittal. The County may consult with <br />agencies of expertise to ensure plan adequacy. <br />3. Minimum Performance Standards for Restoration <br />a. For alterations to critical aquifer recharge areas, frequently flooded areas, wetlands, <br />and fish and wildlife habitat conservation areas, the following minimum performance