Technical provisions applicable to a specific project may be modified or deleted by the department where any of the following is demonstrated:
(1) The provision has no logical application to a project;
(2) The applicant provides an alternate plan to the provision and demonstrates that it provides equal or greater protection for fish life;
(3) Enforcement of the provision would result in denial and there is adequate mitigation to allow the project and achieve no-net-loss of fish life or productive fish or shellfish habitat;
(4) The modification or deletion of the provision will not contribute to net loss of fish life;
(5) The proposal is part of an approved clean-up action under Model Toxics Control Act; Comprehensive Environmental Response Compensation and Liability Act; or Superfund Amendment and Reauthorization Act; or
(6) The technical provisions conflict with applicable local, state, or federal regulations that provide adequate protection for fish life.
HPAs may also be subject to additional special provisions to address project or site-specific considerations not adequately addressed by the technical provisions, or to implement management prescriptions developed through watershed analysis. The HPA will include all of the technical provisions with which an applicant will be required to comply.
[Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-032, filed 11/14/94, effective 12/15/94.]