State Washington Regulations Chapter 220-110 WAC Hydraulic code rules Last Update: 6/22/05 DISPOSITIONS OF SECTIONS FORMERLY CODIFIED IN THIS CHAPTER 220-110-090 Channel realignment. [Statutory Authority: RCW 75.08.080. 87-15-086 (Order 87-48), § 220-110-090, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-090, filed 4/13/83.] Repealed by 94-23-058 (Order 94-160), filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.08.080. 220-110-110 Culvert installation. [Statutory Authority: RCW 75.08.080. 87-15-086 (Order 87-48), § 220-110-110, filed 7/20/87. Statutory Authority: RCW 75.08.012, 75.08.080 and 75.20.100. 84-04-047 (Order 84-04), § 220-110-110, filed 1/30/84. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-110, filed 4/13/83.] Repealed by 94-23-058 (Order 94-160), filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.08.080. 220-110-210 Mineral prospecting (sluicing). [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-210, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-210, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-210, filed 4/13/83.] Repealed by 99-01-088 (Order 98-252), filed 12/16/98, effective 1/16/99. Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 220-110-220 Mineral prospecting (dredging). [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-220, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-220, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-220, filed 4/13/83.] Repealed by 99-01-088 (Order 98-252), filed 12/16/98, effective 1/16/99. Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 220-110-260 Pacific herring spawning beds. [Statutory Authority: RCW 75.08.012, 75.08.080 and 75.20.100. 84-04-047 (Order 84-04), § 220-110-260, filed 1/30/84. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-260, filed 4/13/83.] Repealed by 94-23-058 (Order 94-160), filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.08.080. -------------------------------------------------------------------------------- 220-110-010 Purpose. It is the intent of the department to provide protection for all fish life through the development of a statewide system of consistent and predictable rules. The department will coordinate with other local, state, and federal regulatory agencies, and tribal governments, to minimize regulatory duplication. Pursuant to chapter 75.20 RCW, this chapter establishes regulations for the construction of hydraulic project(s) or performance of other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, and sets forth procedures for obtaining a hydraulic project approval (HPA). In addition, this chapter incorporates criteria generally used by the department for project review and conditioning HPAs. The technical provisions in WAC 220-110-040 through220-110-338 represent common provisions for the protection of fish life for typical projects proposed to the department. Implementation of these provisions is necessary to minimize project specific and cumulative impacts to fish life. These regulations reflect the best available science and practices related to protection of fish life. The department will incorporate new information as it becomes available, and to allow for alternative practices that provide equal or greater protection for fish life. The technical provisions shall apply to a hydraulic project when included as provisions on the HPA. Each application shall be reviewed on an individual basis. Common technical provisions applicable to a specific project may be modified or deleted by the department pursuant to WAC 220-110-032. HPAs may also be subject to additional special provisions to address project or site-specific considerations not adequately addressed by the common technical provisions. [Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-010, filed 6/4/97, effective 7/5/97; 94-23-058 (Order 94-160), § 220-110-010, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-010, filed 7/20/87. Statutory Authority: RCW 75.08.012, 75.08.080 and 75.20.100. 84-04-047 (Order 84-04), § 220-110-010, filed 1/30/84. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-010, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-020 Definitions. As used in this chapter, unless the context clearly requires otherwise: (1) "Aggregate" means a mixture of minerals separable by mechanical or physical means. (2) "Aquatic beneficial plant" means native and nonnative aquatic plants not prescribed by RCW 17.10.010(10), and that are of value to fish life. (3) "Aquatic noxious weed" means an aquatic weed on the state noxious weed list as prescribed by RCW 17.10.010(10). (4) "Aquatic plant" means any aquatic noxious weed and aquatic beneficial plant that occurs within the ordinary high water line of waters of the state. (5) "Bank" means any land surface above the ordinary high water line that adjoins a body of water and contains it except during floods. Bank also includes all land surfaces of islands above the ordinary high water line that adjoin a water body and that are below the flood elevation of their surrounding water body. (6) "Beach area" means the beds between the ordinary high water line and extreme low tide. (7) "Bed" means the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man. (8) "Bed materials" means naturally occurring material, including, but not limited to, gravel, cobble, rock, rubble, sand, mud and aquatic plants, found in the beds of state waters. Bed materials may be found in deposits or bars above the wetted perimeter of water bodies. (9) "Biodegradable" means material that is capable of being readily decomposed by biological means, such as by bacteria. (10) "Bioengineering" means project designs or construction methods which use live woody vegetation or a combination of live woody vegetation and specially developed natural or synthetic materials to establish a complex root grid within the existing bank which is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat features important to fish life. Use of wood structures or limited use of clean angular rock may be allowable to provide stability for establishment of the vegetation. (11) "Bottom barrier or screen" means synthetic or natural fiber sheets of material used to cover and kill plants growing on the bottom of a watercourse. (12) "Boulder" means a stream substrate particle larger than ten inches in diameter. (13) "Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the shoreline consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion. (14) "Concentrator" means a device used to physically or mechanically separate and enrich the valuable mineral content of aggregate. Pans, sluice boxes and mini-rocker boxes are examples of concentrators. (15) "Cofferdam" means a temporary enclosure used to keep water from a work area. (16) "Control" means level of treatment of aquatic noxious weeds as prescribed by RCW 17.10.010(5). (17) "Department" means the department of fish and wildlife. (18) "Diver-operated dredging" means the use of portable suction or hydraulic dredges held by SCUBA divers to remove aquatic plants. (19) "Drawdown" means decreasing the level of standing water in a watercourse to expose bottom sediments and rooted plants. (20) "Dredging" means removal of bed material using other than hand held tools. (21) "Early infestation" means an aquatic noxious weed whose stage of development, life history, or area of coverage makes one hundred percent control and eradication as prescribed by RCW 17.10.010(5) likely to occur. (22) "Emergency" means an immediate threat to life, public or private property, or an immediate threat of serious environmental degradation, arising from weather or stream flow conditions, other natural conditions, or fire. (23) "Entrained" means the entrapment of fish into a watercourse diversion without the presence of a screen, into high velocity water along the face of an improperly designed screen, or into the vegetation cut by a mechanical harvester. (24) "Equipment" means any device powered by internal combustion; hydraulics; electricity, except less than one horsepower; or livestock used as draft animals, except saddle horses; and the lines, cables, arms, or extensions associated with the device. (25) "Eradication." See "control." (26) "Established ford" means a crossing place in a watercourse that was in existence and annually used prior to 1986 or subsequently permitted by the department, and, has identifiable approaches on the banks. (27) "Excavation site" means the pit, furrow, or hole from which aggregate is being removed for the processing and recovery of minerals. (28) "Extreme low tide" means the lowest level reached by a receding tide. (29) "Farm and agricultural land" means those lands identified as such in RCW 84.34.020. (30) "Filter blanket" means a layer or combination of layers of pervious materials (organic, mineral, or synthetic) designed and installed in such a manner as to provide drainage, yet prevent the movement of soil particles due to flowing water. (31) "Fish life" means all fish species, including but not limited to food fish, shellfish, game fish, and other nonclassified fish species and all stages of development of those species. (32) "Fishway" means any facility or device that is designed to enable fish to effectively pass around or through an obstruction without undue stress or delay. (33) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that shall not be fished for except as authorized by rule of the director of the department of fish and wildlife. (34) "Freshwater area" means those state waters and associated beds below the ordinary high water line that are upstream of river mouths including all lakes, ponds, and streams. (35) "Game fish" means those species of the class Osteichthyes that shall not be fished for except as authorized by rule of the fish and wildlife commission. (36) "General provisions" means those provisions that are contained in every HPA. (37) "Hand cutting" means the removal or control of aquatic plants with the use of hand-held tools or equipment, or equipment that is carried by a person when used. (38) "Hand-held tools" means tools that are held by hand and are not powered by internal combustion, hydraulics, pneumatics, or electricity. Some examples of hand-held tools are shovels, rakes, hammers, pry bars and cable winches. (39) "Hatchery" means any water impoundment or facility used for the captive spawning, hatching, or rearing of fish and shellfish. (40) "Highbanker" means a stationary concentrator capable of being operated outside the wetted perimeter of the water body from which water is removed, and which is used to separate gold and other minerals from aggregate with the use of water supplied by hand or pumping, and consisting of a sluice box, hopper, and water supply. Aggregate is supplied to the highbanker by means other than suction dredging. This definition excludes mini-rocker boxes. (41) "Highbanking" means the use of a highbanker for the recovery of minerals. (42) "Hydraulic project" means construction or performance of other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state. Hydraulic projects include forest practice activities, conducted pursuant to the forest practices rules (Title 222 WAC), that involve construction or performance of other work in or across the ordinary high water line of: (a) Type 1-3 waters; or (b) Type 4 and 5 waters with identifiable bed or banks where there is a hatchery water intake within two miles downstream; or (c) Type 4 and 5 waters with identifiable bed or banks within one-fourth mile of Type 1-3 waters where any of the following conditions apply: (i) Where the removal of timber adjacent to the stream is likely to result in entry of felled trees into flowing channels; (ii) Where there is any felling, skidding, or ground lead yarding through flowing water, or through dry channels with identifiable bed or banks with gradient greater than twenty percent; (iii) Where riparian or wetland leave trees are required and cable tailholds are on the opposite side of the channel; (iv) Where road construction or placement of culverts occurs in flowing water; (v) Where timber is yarded in or across flowing water; (d) Type 4 and 5 waters with identifiable bed or banks that are likely to adversely affect fish life, where the HPA requirement is noted by the department in response to the forest practice application. Hydraulic projects and associated permit requirements for specific project types are further defined in other sections of this chapter. (43) "Hydraulic project application" means a form provided by and submitted to the department of fish and wildlife accompanied by plans and specifications of the proposed hydraulic project. (44) "Hydraulic project approval" (HPA) means: (a) A written approval for a hydraulic project signed by the director of the department of fish and wildlife, or the director's designates; or (b) A verbal approval for an emergency hydraulic project from the director of the department of fish and wildlife, or the director's designates; or (c) The following printed pamphlet approvals and any supplemental approvals to them. See "supplemental approval": (i) A "Gold and Fish" pamphlet issued by the department which identifies and authorizes specific minor hydraulic project activities for mineral prospecting and placer mining; or (ii) An "Irrigation and Fish" pamphlet issued by the department which identifies and authorizes specific minor hydraulic project activities; or (iii) An "Aquatic Plants and Fish" pamphlet issued by the department which identifies and authorizes specific aquatic noxious weed and aquatic beneficial plant removal and control activities. (45) "Hydraulicing" means the use of water spray or water under pressure to dislodge minerals and other material. (46) "Job site" means the space of ground including and immediately adjacent to the area where work is conducted under the authority of a hydraulic project approval. For mineral prospecting and placer mining projects, the job site includes the excavation site. (47) "Lake" means any natural or impounded body of standing freshwater, except impoundments of the Columbia and Snake rivers. (48) "Large woody material" means trees or tree parts larger than four inches in diameter and longer than six feet and rootwads, wholly or partially waterward of the ordinary high water line. (49) "Mean higher high water" or "MHHW" means the tidal elevation obtained by averaging each day's highest tide at a particular location over a period of nineteen years. It is measured from the MLLW = 0.0 tidal elevation. (50) "Mean lower low water" or "MLLW" means the 0.0 tidal elevation. It is determined by averaging each days' lowest tide at a particular location over a period of nineteen years. It is the tidal datum for vertical tidal references in the saltwater area. (51) "Mechanical harvesting and cutting" means the partial removal or control of aquatic plants with the use of aquatic mechanical harvesters which cut and collect aquatic plants, and mechanical cutters which only cut aquatic plants. (52) "Mineral prospecting equipment" means any natural or manufactured device, implement, or animal other than the human body used in any aspect of prospecting for or recovering minerals. Classifications of mineral prospecting equipment are as follows: (a) Class 0 - nonmotorized pans. (b) Class I. (i) Pans. (ii) Nonmotorized sluice boxes, concentrators and mini-rocker boxes with a riffle area not exceeding ten square feet, and not exceeding fifty percent of the width of the wetted perimeter of the stream. (c) Class II. (i) Suction dredges with a maximum nozzle size of four inches inside diameter. (ii) Highbankers or suction dredge/highbanker combinations with a maximum water intake size of two and one-half inches inside diameter, when operated wholly below the ordinary high water line. (d) Class III. (i) Highbankers supplied with water from a pump with a maximum water intake size of two and one-half inches inside diameter, when used to process aggregate at locations two hundred feet or greater landward of the ordinary high water line. (ii) Suction dredge/highbanker combinations supplied with water from a pump with a maximum water intake size of two and one-half inches inside diameter, when used to process aggregate at locations two hundred feet or greater landward of the ordinary high water line. (iii) Other concentrators supplied with water from a pump with a maximum water intake size of two and one-half inches inside diameter, when used to process aggregate at locations two hundred feet or greater landward of the ordinary high water line. (53) "Mini-rocker box" means a nonmotorized concentrator operated with a rocking motion and consisting of a hopper attached to a cradle and a sluice box with a riffle area not exceeding ten square feet. The mini-rocker box shall only be supplied with water by hand and be capable of being carried by one individual. A mini-rocker box shall not be considered a highbanker. (54) "Mitigation" means actions which shall be required as provisions of the HPA to avoid or compensate for impacts to fish life resulting from the proposed project activity. The type(s) of mitigation required shall be considered and implemented, where feasible, in the following sequential order of preference: (a) Avoiding the impact altogether by not taking a certain action or parts of an action; (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation; (c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment; (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action; (e) Compensating for the impact by replacing or providing substitute resources or environments; or (f) Monitoring the impact and taking appropriate corrective measures to achieve the identified goal. For projects with potentially significant impacts, a mitigation agreement may be required prior to approval. Replacement mitigation may be required to be established and functional prior to project construction. (55) "Natural conditions" means those conditions which arise in or are found in nature. This is not meant to include artificial or manufactured conditions. (56) "No-net-loss" means: (a) Avoidance or mitigation of adverse impacts to fish life; or (b) Avoidance or mitigation of net loss of habitat functions necessary to sustain fish life; or (c) Avoidance or mitigation of loss of area by habitat type. Mitigation to achieve no-net-loss should benefit those organisms being impacted. (57) "Ordinary high water line" means the mark on the shores of all waters that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual and so long continued in ordinary years, as to mark upon the soil or vegetation a character distinct from that of the abutting upland: Provided, That in any area where the ordinary high water line cannot be found the ordinary high water line adjoining saltwater shall be the line of mean higher high water and the ordinary high water line adjoining freshwater shall be the elevation of the mean annual flood. (58) "Pan" means the following equipment used to separate gold or other metal from aggregate by washing: (a) An open, metal or plastic dish operated by hand; or (b) A motorized rotating open, metal or plastic dish without pumped or gravity-fed water supplies. (59) "Panning" means the use of a pan to wash aggregate. (60) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations. (61) "Placer" means a glacial or alluvial deposit of gravel or sand containing eroded particles of minerals. (62) "Pool" means a portion of the stream with reduced current velocity, often with water deeper than the surrounding areas. (63) "Protection of fish life" means prevention of loss or injury to fish or shellfish, and protection of the habitat that supports fish and shellfish populations. (64) "Purple loosestrife" means Lythrum salicaria and Lythrum virgatum as prescribed in RCW 17.10.010(10) and defined in RCW 17.26.020 (5)(b). (65) "Riffle" means the bottom of a concentrator containing a series of interstices or grooves to catch and retain a mineral such as gold. (66) "River or stream." See "watercourse." (67) "Rotovation" means the use of aquatic rotovators which have underwater rototiller-like blades to uproot aquatic plants as a means of plant control. (68) "Saltwater area" means those state waters and associated beds below the ordinary high water line and downstream of river mouths. (69) "Shellfish" means those species of saltwater and freshwater invertebrates that shall not be taken except as authorized by rule of the director of the department of fish and wildlife. The term "shellfish" includes all stages of development and the bodily parts of shellfish species. (70) "Sluice box" means a trough equipped with riffles across its bottom, used to recover gold and other minerals with the use of water. (71) "Sluicing" means the use of a sluice box for the recovery of gold and other minerals. (72) "Small scale mineral prospecting equipment" encompasses the equipment included in "mineral prospecting equipment, Class I." (73) "Spartina" means Spartina alterniflora, Spartina anglica, Spartina x townsendii, and Spartina patens as prescribed in RCW 17.10.010(10) and defined in RCW 17.26.020 (5)(a). (74) "Special provisions" means those conditions that are a part of the HPA, but are site or project specific, and are used to supplement or amend the technical provisions. (75) "Streambank stabilization" means those projects which prevent or limit erosion, slippage, and mass wasting; including, but not limited to bank resloping, log and debris relocation or removal, planting of woody vegetation, bank protection (physical armoring of banks using rock or woody material, or placement of jetties or groins), gravel removal or erosion control. (76) "Suction dredge" means a machine equipped with an internal combustion engine or electric motor powering a water pump which is used to move submerged bed materials by means of hydraulic suction. These bed materials are processed through an attached sluice box for the recovery of gold and other minerals. (77) "Suction dredging" means the use of a suction dredge for the recovery of gold and other minerals. (78) "Supplemental approval" means a written addendum issued by the department to a pamphlet HPA for approved exceptions to conditions of that pamphlet HPA or for any additional authorization by the department when required by a pamphlet HPA. See "hydraulic project approval." (79) "Tailings" means waste material remaining after processing aggregate for minerals. (80) "Technical provisions" means those conditions that are a part of the HPA and apply to most projects of that nature. (81) "Toe of the bank" means the distinct break in slope between the stream bank or shoreline and the stream bottom or marine beach or bed, excluding areas of sloughing. For steep banks that extend into the water, the toe may be submerged below the ordinary high water line. For artificial structures, such as jetties or bulkheads, the toe refers to the base of the structure, where it meets the stream bed or marine beach or bed. (82) "Viable" means that any plant or plant part is capable of taking root or living when introduced into a body of water. (83) "Watercourse" and "river or stream" means any portion of a channel, bed, bank, or bottom waterward of the ordinary high water line of waters of the state including areas in which fish may spawn, reside, or through which they may pass, and tributary waters with defined bed or banks, which influence the quality of fish habitat downstream. This includes watercourses which flow on an intermittent basis or which fluctuate in level during the year and applies to the entire bed of such watercourse whether or not the water is at peak level. This definition does not include irrigation ditches, canals, storm water run-off devices, or other entirely artificial watercourses, except where they exist in a natural watercourse which has been altered by humans. (84) "Water right" means a certificate of water right, a vested water right or a claim to a valid vested water right, or a water permit, pursuant to Title 90 RCW. (85) "Waters of the state" or "state waters" means all salt waters and fresh waters waterward of ordinary high water lines and within the territorial boundaries of the state. (86) "Water type" means water categories as defined in WAC 222-16-030 of the forest practice rules and regulations. (87) "Weed rolling" means the use of a mechanical roller designed to control aquatic plant growth. (88) "Wetted perimeter" means the areas of a watercourse covered with water, flowing or nonflowing. [Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-020, filed 12/16/98, effective 1/16/99. Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-020, filed 6/4/97, effective 7/5/97; 94-23-058 (Order 94-160), § 220-110-020, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-020, filed 7/20/87. Statutory Authority: RCW 75.08.012, 75.08.080 and 75.20.100. 84-04-047 (Order 84-04), § 220-110-020, filed 1/30/84. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-020, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-030 Hydraulic project approvals — Procedures. (1) A person shall obtain an HPA before conducting a hydraulic project. (2) A person seeking an HPA shall submit a complete application to the department. The application shall contain general plans for the overall project, complete plans and specifications for the proposed construction or work waterward of the mean higher high water line in salt water or waterward of the ordinary high water line in fresh water, and complete plans and specifications for the proper protection of fish life. The application shall be signed and dated by the applicant or their agent. (3) Receipt of any one of the following documents constitutes application for an HPA: (a) A completed hydraulic project application submitted to the department; (b) A completed forest practice application submitted to the department of natural resources, if the hydraulic project is part of a forest practice as defined in WAC 222-16-010; or (c) A section 10 or 404 public notice circulated by the United States Army Corps of Engineers or United States Coast Guard. (4) The department shall grant or deny approval within forty-five calendar days of the receipt of a complete application and notice of compliance with any applicable requirements of the State Environmental Policy Act (SEPA) (chapter 43.21C RCW). The department shall strive to issue HPAs in less than thirty days. The forty-five day requirement shall be suspended if: (a) An incomplete application is received; (b) The site is physically inaccessible for inspection; (c) After ten working days of receipt of the application, the applicant remains unavailable or unable to arrange for a timely field evaluation of the proposed project; (d) The applicant requests delay. (5) Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay. (6) The department may issue an expedited written HPA in those instances where normal processing would result in unanticipated extreme hardship for the applicant, or unacceptable environmental damage would occur. An expedited HPA may be granted upon request for work to repair existing structures, move obstructions, restore banks, protect property, or protect fish resources that are subject to imminent danger by weather, flow, or other natural conditions. Expedited HPA requests require complete written application and shall take precedence over other nonemergency applications and will normally be issued within ten calendar days of request. All SEPA requirements shall be met prior to issuance of an expedited HPA. (7) Verbal approval shall be granted immediately upon request for emergency work to repair existing structures, move obstructions, restore banks, or protect property that is subject to immediate danger by weather, flow, or other natural conditions. Verbal approval shall be granted immediately upon request for driving across a stream during an emergency, as defined in WAC 220-110-020. (8) The department may accept written or verbal requests for time extensions, renewals, or alterations of an existing HPA. Approvals of such requests shall be in writing. Transfer of an HPA to a new permittee requires written request by the original permittee or their agent and such request shall include the HPA number. This written request shall be in a form acceptable to the department and shall contain an affirmation by the new permittee that he/she agrees to be bound by the conditions on the HPA. Project activity shall not be conducted by the new permittee until approval has been issued by the department. (9) Each HPA is usually specific to a watercourse, stating the exact location of the project site, and usually consists of general, technical, and special provisions. (10) The written HPA, or clear reproduction, shall be on the project site when work is being conducted and shall be immediately available for inspection. (11) All HPAs may be granted for a period of up to five years. Permittees shall demonstrate substantial progress on construction of that portion of the project relating to the (HPA) within two years of the date of issuance. The following types of HPAs issued under RCW 75.20.103 shall remain in effect without the need for periodic renewal provided the permittee notifies the department before commencing the work each year. (a) Work of a seasonal nature that diverts water for irrigation or stock watering purposes. (b) Streambank stabilization projects if the problem causing the erosion occurs on an annual or more frequent basis as demonstrated by the applicant. Evidence of erosion may include, but is not limited to history of permit application, approval, or photographs. Periodic flood waters by themselves do not constitute the problem that requires a HPA. (12) A hydraulic project application shall be denied when, in the judgment of the department, the project will result in direct or indirect harm to fish life unless adequate mitigation can be assured by conditioning the HPA or modifying the proposal. If approval is denied, the department shall provide the applicant, in writing, a statement of the specific reason(s) why and how the proposed project would adversely affect fish life. (13) Protection of fish life shall be the only grounds upon which an HPA may be denied or conditioned. (14) HPAs may have specific time limitations on project activities to protect fish life. (15) HPAs do not exempt the applicant from obtaining other appropriate permits and following the rules or regulations of local, federal, and other Washington state agencies. (16) Administration of this chapter shall be conducted in compliance with SEPA, chapter 43.21C RCW, and chapters197-11, 220-100, and 232-19 WAC. (17) All HPAs issued pursuant to RCW 75.20.100 and 75.20.160 may be subject to additional restrictions, conditions, or revocation if the department determines that new biological or physical information indicates the need for such action. The permittee has the right to request an informal or formal appeal in accordance with chapter 34.05 RCW. All HPAs issued pursuant to RCW 75.20.103 may be modified by the department due to changed conditions after consultation with the permittee: Provided however, That modifications of HPAs issued pursuant to RCW 75.20.103 and 75.20.160 shall be subject to appeal to the hydraulic appeals board established in RCW 75.20.130. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-030, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-030, filed 7/20/87. Statutory Authority: RCW 75.08.012, 75.08.080 and 75.20.100. 84-21-060 (Order 84-176), § 220-110-030, filed 10/15/84; 84-04-047 (Order 84-04), § 220-110-030, filed 1/30/84. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-030, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-031 Pamphlet hydraulic project approvals — Procedures. (1) In those instances where a pamphlet is the equivalent of an HPA as defined in WAC 220-110-020(44), a person shall obtain a pamphlet HPA issued by the department which identifies and authorizes specific minor hydraulic project activities before conducting a hydraulic project. (2) Supplemental approvals to the pamphlet HPA as defined in WAC 220-110-020(44) and 220-110-020(78) shall require written authorization by the department. (3) Applications submitted to the department for supplemental approvals may be verbal or written. (a) Applications shall specify the requested exception or request for additional authorization and shall include the applicant's name, address and phone number. Written applications shall be signed and dated. (b) The department shall grant or deny approval within forty-five calendar days of the receipt of a request for supplemental approval. (4) The supplemental approval shall be attached to the pamphlet HPA and shall be on the job site when work is being conducted and shall be immediately available for inspection. (5) The pamphlet HPA, or clear reproduction, shall be on the job site when work is being conducted and shall be immediately available for inspection. (6) The pamphlet HPA shall be conditioned to ensure protection of fish life. (7) Pamphlet HPAs do not exempt the applicant from obtaining other appropriate permits and following the rules or regulations of local, federal, and other Washington state agencies. (8) Administration of this chapter shall be conducted in compliance with SEPA, chapter 43.21C RCW, and chapters197-11, 220-100, and 232-19 WAC. [Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-031, filed 12/16/98, effective 1/16/99. Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-031, filed 6/4/97, effective 7/5/97.] -------------------------------------------------------------------------------- 220-110-032 Modification of technical provisions. 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.] -------------------------------------------------------------------------------- 220-110-035 Miscellaneous hydraulic projects — Permit requirements and exemptions. (1) Operators of mechanical or hydraulic clam harvesters shall be required to obtain an HPA and comply with provisions of WAC 220-52-018, and shall obtain and comply with the provisions of the department's permit to operate a clam harvesting machine. (2) An activity conducted solely for the removal or control of spartina does not require an HPA. An activity conducted solely for the removal or control of purple loosestrife and which is performed with hand-held tools, hand-held equipment, or equipment carried by a person when used does not require an HPA. Any other activity conducted solely for the removal or control of aquatic noxious weeds or aquatic beneficial plants shall require either a copy of the current Aquatic Plants and Fish pamphlet HPA available from the department or an individual HPA. (3) The installation, by hand or hand-held tools, of small scientific markers, oyster stakes, boundary markers, or property line markers does not require an HPA. (4) Driving a vehicle or operating equipment on or across an established ford does not require an HPA. However, ford repair with equipment or construction work waterward of the ordinary high water lines requires an HPA. Driving a vehicle or operating equipment on or across wetted stream beds at areas other than established fords requires an HPA. HPAs for new fords issued subsequent to January 1995 shall require that the entry and exit points of the ford not exceed one hundred feet upstream or downstream of each other. (5) A person conducting a remedial action under a consent decree, order, or agreed order, pursuant to chapter 70.105D RCW, and the department of ecology when it conducts a remedial action, are exempt from the procedural requirements of the Hydraulic Code. Compliance with the substantive provisions of the Hydraulic Code is required. (6) The technical and special provisions of an individual or a pamphlet HPA shall be followed by the permit holder, equipment operator(s), and other individuals conducting the project. (7) The legislature expressed the intent in RCW 76.09.030(2) for closer integration of the forest practices and hydraulics permitting processes. Pursuant to chapter 76.09 RCW, the forest practices board has adopted rules that include fish protection measures normally included in hydraulic project approvals for projects in nonfish bearing waters. Based on the fish protection measures contained in chapters222-16, 222-24 and 222-30 WAC, and fish protection measures contained in the forest practices board manual described in WAC 222-12-090, forest practices, as defined in chapter 76.09 RCW, conducted under an approved forest practices application or notification issued by the department of natural resources, and conducted in or across type Np or Ns waters as defined in WAC 222-16-030 (Type 4 or Type 5 Waters, respectively, as defined in WAC 222-16-031), do not require an HPA. [Statutory Authority: RCW 77.12.047. 04-23-062 (Order 04-299), § 220-110-035, filed 11/15/04, effective 6/1/05. Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-035, filed 6/4/97, effective 7/5/97; 94-23-058 (Order 94-160), § 220-110-035, filed 11/14/94, effective 12/15/94.] -------------------------------------------------------------------------------- 220-110-040 Freshwater technical provisions. WAC 220-110-050 through 220-110-225 set forth technical provisions that shall apply to freshwater hydraulic projects. Certain technical provisions shall be required depending upon the individual proposal and site specific characteristics. Additional special provisions may be included as necessary to address site-specific conditions. Those provisions, where applicable, shall be contained in the hydraulic project approval, as necessary to protect fish life. Saltwater provisions referenced in WAC 220-110-230 through 220-110-330 may be applied to tidally influenced areas upstream of river mouths and the mainstem Columbia River downstream of Bonneville Dam, where applicable. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-040, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-040, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-040, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-050 Bank protection. Bio-engineering is the preferred method of bank protection where practicable. Bank protection projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to bank protection projects: (1) Bank protection work shall be restricted to work necessary to protect eroding banks. (2) Bank protection material placement waterward of the ordinary high water line shall be restricted to the minimum amount necessary to protect the toe of the bank, or for installation of mitigation features approved by the department. (3) The toe shall be designed to protect the integrity of bank protection material. (4) Bank sloping shall be accomplished in a manner that avoids release of overburden material into the water. Overburden material resulting from the project shall be deposited so as not to reenter the water. (5) Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. All disturbed areas shall be protected from erosion, within seven calendar days of completion of the project, using vegetation or other means. The banks, including riprap areas, shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them. (6) Fish habitat components such as logs, stumps, and/or large boulders may be required as part of the bank protection project to mitigate project impacts. These fish habitat components shall be installed according to an approved design to withstand 100-year peak flows. (7) When rock or other hard materials are approved for bank protection, the following provisions shall apply: (a) Bank protection material shall be angular rock. The project shall be designed and the rock installed to withstand 100-year peak flows. River gravels shall not be used as exterior armor, except as specifically approved by the department. (b) Bank protection and filter blanket material shall be placed from the bank or a barge. Dumping onto the bank face shall be permitted only if the toe is established and the material can be confined to the bank face. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-050, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-050, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-050, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-060 Construction of freshwater docks, piers, and floats and the driving or removal of piling. All pier, dock, float, and piling construction projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to freshwater dock, pier, and float construction projects and the driving or removal of piling: (1) Excavation for and placement of the footings and foundation shall be landward of the ordinary high water line unless the construction site is separated from state waters by use of an approved dike, cofferdam, or similar structure. (2) Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. All disturbed areas shall be protected from erosion, within seven days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them. (3) Removal of existing or temporary structures shall be accomplished so that the structure and associated material does not reenter the watercourse. (4) All piling, lumber, or other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. The use of wood treated with creosote or pentachlorophenol is not allowed in lakes. (5) Skirting or other structures shall not be constructed around piers, docks, or floats unless specifically approved in the HPA. (6) Floatation for the structure shall be enclosed and contained, when necessary, to prevent the breakup or loss of the floatation material into the water. (7) All work operations shall be conducted in such a manner that causes little or no siltation to adjacent areas. If at any time, fish are observed in distress, a fish kill occurs, or water quality problems develop as a result of a pier, dock, float, or piling project, construction operations shall cease and the permittee or authorized agent shall immediately contact the department. (8) Removal of aquatic vegetation shall be limited to that necessary to gain access to construct the project. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-060, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-060, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-060, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-070 Water crossing structures. In fish bearing waters, bridges are preferred as water crossing structures by the department in order to ensure free and unimpeded fish passage for adult and juvenile fishes and preserve spawning and rearing habitat. Pier placement waterward of the ordinary high water line shall be avoided, where practicable. Other structures which may be approved, in descending order of preference, include: Temporary culverts, bottomless arch culverts, arch culverts, and round culverts. Corrugated metal culverts are generally preferred over smooth surfaced culverts. Culvert baffles and downstream control weirs are discouraged except to correct fish passage problems at existing structures. An HPA is required for construction or structural work associated with any bridge structure waterward of or across the ordinary high water line of state waters. An HPA is also required for bridge painting and other maintenance where there is potential for wastage of paint, sandblasting material, sediments, or bridge parts into the water, or where the work, including equipment operation, occurs waterward of the ordinary high water line. Exemptions/5-year permits will be considered if an applicant submits a plan to adhere to practices that meet or exceed the provisions otherwise required by the department. Water crossing structure projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to water crossing structures: (1) Bridge construction. (a) Excavation for and placement of the foundation and superstructure shall be outside the ordinary high water line unless the construction site is separated from waters of the state by use of an approved dike, cofferdam, or similar structure. (b) The bridge structure or stringers shall be placed in a manner to minimize damage to the bed. (c) Alteration or disturbance of bank or bank vegetation shall be limited to that necessary to construct the project. All disturbed areas shall be protected from erosion, within seven calendar days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them. (d) Removal of existing or temporary structures shall be accomplished so that the structure and associated material does not enter the watercourse. (e) The bridge shall be constructed, according to the approved design, to pass the 100-year peak flow with consideration of debris likely to be encountered. Exception shall be granted if applicant provides hydrologic or other information that supports alternative design criteria. (f) Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to state waters. (g) Structures containing concrete shall be sufficiently cured prior to contact with water to avoid leaching. (h) Abutments, piers, piling, sills, approach fills, etc., shall not constrict the flow so as to cause any appreciable increase (not to exceed .2 feet) in backwater elevation (calculated at the 100-year flood) or channel wide scour and shall be aligned to cause the least effect on the hydraulics of the watercourse. (i) Riprap materials used for structure protection shall be angular rock and the placement shall be installed according to an approved design to withstand the 100-year peak flow. (2) Temporary culvert installation. The allowable placement of temporary culverts and time limitations shall be determined by the department, based on the specific fish resources of concern at the proposed location of the culvert. (a) Where fish passage is a concern, temporary culverts shall be installed according to an approved design to provide adequate fish passage. In these cases, the temporary culvert installation shall meet the fish passage design criteria in Table 1 in subsection (3) of this section. (b) Where culverts are left in place during the period of September 30 to June 15, the culvert shall be designed to maintain structural integrity to the 100-year peak flow with consideration of the debris loading likely to be encountered. (c) Where culverts are left in place during the period June 16 to September 30, the culvert shall be designed to maintain structural integrity at a peak flow expected to occur once in 100 years during the season of installation. (d) Disturbance of the bed and banks shall be limited to that necessary to place the culvert and any required channel modification associated with it. Affected bed and bank areas outside the culvert shall be restored to preproject condition following installation of the culvert. (e) The culvert shall be installed in the dry, or in isolation from stream flow by the installation of a bypass flume or culvert, or by pumping the stream flow around the work area. Exception may be granted if siltation or turbidity is reduced by installing the culvert in the flowing stream. The bypass reach shall be limited to the minimum distance necessary to complete the project. Fish stranded in the bypass reach shall be safely removed to the flowing stream. (f) Wastewater, from project activities and dewatering, shall be routed to an area outside the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to state waters. (g) Imported fill which will remain in the stream after culvert removal shall consist of clean rounded gravel ranging in size from one-quarter to three inches in diameter. The use of angular rock may be approved from June 16 to September 30, where rounded rock is unavailable. Angular rock shall be removed from the watercourse and the site restored to preproject conditions upon removal of the temporary culvert. (h) The culvert and fill shall be removed, and the disturbed bed and bank areas shall be reshaped to preproject configuration. All disturbed areas shall be protected from erosion, within seven days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors need to be considered. (i) The temporary culvert shall be removed and the approaches shall be blocked to vehicular traffic prior to the expiration of the HPA. (j) Temporary culverts may not be left in place for more than two years from the date of issuance of the HPA. (3) Permanent culvert installation. (a) In fish bearing waters or waters upstream of a fish passage barrier (which can reasonably be expected to be corrected, and if corrected, fish presence would be reestablished), culverts shall be designed and installed so as not to impede fish passage. Culverts shall only be approved for installation in spawning areas where full replacement of impacted habitat is provided by the applicant. (b) To facilitate fish passage, culverts shall be designed to the following standards: (i) Culverts may be approved for placement in small streams if placed on a flat gradient with the bottom of the culvert placed below the level of the streambed a minimum of twenty percent of the culvert diameter for round culverts, or twenty percent of the vertical rise for elliptical culverts (this depth consideration does not apply within bottomless culverts). Footings of bottomless culverts shall be buried sufficiently deep so they will not become exposed by scour within the culvert. The twenty percent placement below the streambed shall be measured at the culvert outlet. The culvert width at the bed, or footing width, shall be equal to or greater than the average width of the bed of the stream. (ii) Where culvert placement is not feasible as described in (b)(i) of this subsection, the culvert design shall include the elements in (b)(ii)(A) through (E) of this subsection: (A) Water depth at any location within culverts as installed and without a natural bed shall not be less than that identified in Table 1. The low flow design, to be used to determine the minimum depth of flow in the culvert, is the two-year seven-day low flow discharge for the subject basin or ninety-five percent exceedance flow for migration months of the fish species of concern. Where flow information is unavailable for the drainage in which the project will be conducted, calibrated flows from comparable gauged drainages may be used, or the depth may be determined using the installed no-flow condition. (B) The high flow design discharge, used to determine maximum velocity in the culvert (see Table 1), is the flow that is not exceeded more than ten percent of the time during the months of adult fish migration. The two-year peak flood flow may be used where stream flow data are unavailable. (C) The hydraulic drop is the abrupt drop in water surface measured at any point within or at the outlet of a culvert. The maximum hydraulic drop criteria must be satisfied at all flows between the low and high flow design criteria. (D) The bottom of the culvert shall be placed below the natural channel grade a minimum of twenty percent of the culvert diameter for round culverts, or twenty percent of the vertical rise for elliptical culverts (this depth consideration does not apply within bottomless culverts). The downstream bed elevation, used for hydraulic calculations and culvert placement in relation to bed elevation, shall be taken at a point downstream at least four times the average width of the stream (this point need not exceed twenty-five feet from the downstream end of the culvert). The culvert capacity for flood design flow shall be determined by using the remaining capacity of the culvert. Table 1 Fish Passage Design Criteria for Culvert Installation Criteria Adult Trout >6 in. (150mm) Adult Pink, Chum Salmon Adult Chinook, Coho, Sockeye, Steelhead 1. Velocity, Maximum (fps) Culvert Length (ft) a. 10 - 60 4.0 5.0 6.0 b. 60 - 100 4.0 4.0 5.0 c. 100 - 200 3.0 3.0 4.0 d. > 200 2.0 2.0 3.0 2. Flow Depth Minimum (ft) 0.8 0.8 1.0 3. Hydraulic Drop, Maximum (ft) 0.8 0.8 1.0 (E) Appropriate statistical or hydraulic methods must be applied for the determination of flows in (b)(ii)(A) and (B) of this subsection. These design flow criteria may be modified for specific proposals as necessary to address unusual fish passage requirements, where other approved methods of empirical analysis are provided, or where the fish passage provisions of other special facilities are approved by the department. (F) Culvert design shall include consideration of flood capacity for current conditions and future changes likely to be encountered within the stream channel, and debris and bedload passage. (c) Culverts shall be installed according to an approved design to maintain structural integrity to the 100-year peak flow with consideration of the debris loading likely to be encountered. Exception may be granted if the applicant provides justification for a different level or a design that routes that flow past the culvert without jeopardizing the culvert or associated fill. (d) Disturbance of the bed and banks shall be limited to that necessary to place the culvert and any required channel modification associated with it. Affected bed and bank areas outside the culvert and associated fill shall be restored to preproject configuration following installation of the culvert, and the banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them. (e) Fill associated with the culvert installation shall be protected from erosion to the 100-year peak flow. (f) Culverts shall be designed and installed to avoid inlet scouring and shall be designed in a manner to prevent erosion of streambanks downstream of the project. (g) Where fish passage criteria are required, the culvert facility shall be maintained by the owner(s), such that fish passage design criteria in Table 1 are not exceeded. If the structure becomes a hindrance to fish passage, the owner shall be responsible for obtaining a HPA and providing prompt repair. (h) The culvert shall be installed in the dry or in isolation from the stream flow by the installation of a bypass flume or culvert, or by pumping the stream flow around the work area. Exception may be granted if siltation or turbidity is reduced by installing the culvert in the flowing stream. The bypass reach shall be limited to the minimum distance necessary to complete the project. Fish stranded in the bypass reach shall be safely removed to the flowing stream. (i) Wastewater, from project activities and dewatering, shall be routed to an area outside the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to state waters. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-070, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-070, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-080 Channel change/realignment. Channel changes/realignments are generally discouraged, and shall only be approved where the applicant can demonstrate benefits or lack of adverse impact to fish life. Channel change/realignment projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to channel change and channel realignment projects: When approved, a channel change may occur provided: (1) Permanent new channels shall, at a minimum, be similar in length, width, depth, floodplain configuration, and gradient, as the old channel. The new channel shall incorporate fish habitat components, bed materials, meander configuration, and native or other approved vegetation equivalent to or greater than that which previously existed in the old channel. (2) During construction, the new channel shall be isolated from the flowing stream by plugs at the upstream and downstream ends of the new channel. (3) Before water is diverted into a permanent new channel, the applicant shall complete the following actions: (a) Approved fish habitat components, bed materials and bank protection to prevent erosion shall be in place. (b) Approved fish habitat components shall be installed according to an approved design to withstand the 100-year peak flows. (4) All disturbed areas shall be protected from erosion, within seven days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them. (5) Diversion of flow into a new channel shall be accomplished by: (a) First removing the downstream plug; (b) removing the upstream plug; and (c) closing the upstream end of the old channel. (6) Filling of the old channel shall begin from the upstream closure and the fill material shall be compacted. Water discharging from the fill shall not adversely impact fish life. (7) The angle of the structure used to divert the water into the new channel shall allow a smooth transition of water flow. (8) If fish may be adversely impacted as a result of this project, the permittee will be required to capture and safely move food fish, game fish or other fish life (at the discretion of the department) to the nearest free-flowing water. The permittee may request the department to assist in capturing and safely moving fish life from the job site to free-flowing water, and assistance may be granted if personnel are available. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-080, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-080, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-080, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-100 Conduit crossing. Conduit crossing projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. An HPA is not required for conduit crossings attached to bridge structures. The following technical provisions shall apply to conduit crossing projects: (1) Conduit alignment shall be as nearly perpendicular to the watercourse as possible. (2) The conduit shall be installed at sufficient depth so that subsequent disturbance of the bed of the watercourse is avoided. (3) If the method used is boring or jacking: (a) Pits shall be isolated from surface water flow; (b) Wastewater, from project activities and dewatering, shall be routed to an area outside the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to state waters. (4) If the method used is trench excavation: (a) Trenches shall be excavated in the dry or shall be isolated from the flowing watercourse by the installation of a cofferdam, culvert, flume, or other approved method; (b) Plowing, placement, and covering shall occur in a single pass of the equipment; (c) Disturbance of the bed as a result of the plowing operation shall be limited to the amount necessary to complete the project. (5) Trenches shall be backfilled with approved materials and the bed shall be returned to preproject condition. (6) Excess spoils shall be disposed of so as not to reenter the watercourse. (7) The conduit approach trench shall be isolated from the watercourse until laying of the conduit across the watercourse takes place. (8) Alteration or disturbance of the banks and bank vegetation shall be limited to that necessary to construct the project. All disturbed areas shall be protected from erosion within seven days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-100, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-100, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-100, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-120 Temporary bypass culvert, flume, or channel. Temporary bypass culvert, flume, or channel projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to temporary bypass culvert, flume, or channel projects: (1) The temporary bypass culvert, flume, or channel shall be in place prior to initiation of other work in the wetted perimeter. (2) A sandbag revetment or similar device shall be installed at the inlet to divert the entire flow through the culvert, flume, or channel. (3) A sandbag revetment or similar device shall be installed at the downstream end of the culvert, flume, or channel to prevent backwater from entering the work area. (4) The culvert, flume, or channel shall be of sufficient size to pass flows and debris for the duration of the project. (5) For diversion of flow into a temporary channel the relevant provisions of WAC 220-110-080 shall apply. (6) Prior to releasing the water flow to the project area, all bank protection or armoring shall be completed. (7) Upon completion of the project, all material used in the temporary bypass shall be removed from the site and the site returned to preproject conditions. (8) If fish may be adversely impacted as a result of this project, the permittee shall be required to capture and safely move game and food fish and other fish life, (at the discretion of the department), from the job site to the nearest free-flowing water. The permittee may request the department to assist in capturing and safely moving fish life from the job site to free-flowing water, and assistance may be granted if personnel are available. (9) Alteration or disturbance of the banks and bank vegetation shall be limited to that necessary to construct the project. All disturbed areas shall be protected from erosion, within seven days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-120, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-120, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-120, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-130 Dredging in freshwater areas. Dredging projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to dredging projects: (1) Dredging shall not be conducted in fish spawning areas unless it is designed to create or improve the access or quality of fish spawning areas. (2) During the dredging of a lake or pond, a boom or similar device may be required to contain floatable materials. (3) Dredged bed materials shall be disposed of at approved in-water disposal sites or upland so as not to reenter state waters. The department may allow placement of dredged material in areas for beneficial uses such as beach nourishment or capping of contaminated sediments. (4) Dredging shall be conducted with dredge types and methods that cause the least adverse impact to fish and shellfish and their habitat. (5) If at any time, fish are observed in distress, a fish kill occurs, or water quality problems develop as a result of dredging, operations shall cease immediately and the department shall be immediately contacted. (6) An hydraulic dredge shall only be operated with the intake at or below the surface of the material being removed. The intake shall only be raised a maximum of three feet above the bed for brief periods of purging or flushing the intake system. (7) If a dragline or clamshell is used, it shall be operated to minimize turbidity. During excavation, each pass with the clamshell or dragline bucket shall be complete. Dredged material shall not be stockpiled waterward of the ordinary high water line. (8) Upon completion of the dredging, the bed shall not contain pits, potholes, or large depressions to avoid stranding of fish. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-130, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-130, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-140 Gravel removal. Gravel removal projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to gravel removal projects: (1) Gravel removal from a watercourse shall be limited to removal from exposed bars and shall not result in a lowering, over time, of the average channel cross-section profile through the project area or downstream. Additional removal of bed material, including removal from wetted portions of the channel, may be authorized where the project is an integral part of a comprehensive flood control plan approved by the department. (2) An "excavation line" shall be established. "Excavation line" means a line on the dry bed, at or parallel to the water's edge, the distance from the water's edge to be determined by the department on a site-specific basis. The excavation line may change with water level fluctuations. (3) An "excavation zone" shall be defined as the area between the "excavation line" and the bank or the center of the bar. The "excavation zone" shall be identified by boundary markers placed by the applicant and approved by the department prior to the commencement of gravel removal. (4) Excavation shall begin at the excavation line and proceed toward the bank or the center of the bar, perpendicular to the alignment of the watercourse. (5) Bed material shall not be removed from the water side of the excavation line. (6) Equipment shall not enter or operate within the wetted perimeter of the watercourse. (7) Gravel may be removed within the excavation zone from a point beginning at the excavation line and progressing upward toward the bank or the center of the bar on a minimum two percent gradient. It may be necessary to survey the excavation zone upon completion of the gravel removal operation to ensure the two percent gradient is maintained and that no depressions exist. When required the survey shall be made at the applicant's expense. (8) Preproject and postproject channel cross-section surveys shall be required for gravel removal projects for commercial purposes, and may be required as part of a comprehensive flood control plan approved by the department. The cross-sections shall be referenced vertically to a permanent bench mark and horizontally to a permanent base line, and shall be done perpendicular to the high flow channel every one hundred feet through the project area and at cross-sections upstream and downstream at adjacent channel riffles. The preproject survey information shall be submitted to the department at the time of application for HPA, and the postproject survey shall be submitted to the department within ninety days of completion of removal of gravel or the expiration date of the HPA, whichever occurs first. (9) At the end of each work day the excavation zone shall not contain pits, or potholes, or depressions that may trap fish as a result of fluctuation in water levels. (10) Stockpiling of material waterward of the ordinary high water line, after the initial bed disturbance, shall be limited to avoid impacts to fish life. If stockpiling is approved waterward of the ordinary high water line, the material shall be completely removed prior to the onset of fish spawning in the vicinity or the typical onset of increasing stream flows. Timing restrictions shall be determined on a site-specific basis. If the water level rises and makes contact with stockpiles, further operation of equipment or removal of the stockpiles shall not proceed unless authorized under a separate HPA issued by the department. (11) The upstream end of the gravel bar shall be left undisturbed to maintain watercourse stability waterward of the ordinary high water line. (12) Large woody material shall be retained waterward of the ordinary high water line and repositioned within the watercourse. Other debris shall be disposed of so as not to reenter the watercourse. (13) Gravel washing or crushing operations shall not take place waterward of the ordinary high water line. (14) Alteration or disturbance of the banks and bank vegetation shall be limited to that necessary to access the excavation zone. All disturbed areas shall be protected from erosion, within seven days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them. (15) Equipment shall be inspected, cleaned, and maintained to prevent loss of petroleum products waterward of the ordinary high water line. (16) The department shall be notified at least five working days before the start of actual gravel removal, and upon project completion to allow for compliance inspection. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-140, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-140, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-140, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-150 Large woody material removal or repositioning. Large woody material removal or repositioning projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to large woody material removal or repositioning: (1) Large woody material removal from watercourses shall only be approved where necessary to address safety considerations, or its removal would not diminish the fish habitat quality of the watercourse. The department may approve the repositioning of large woody material within the watercourse to protect life and property or as needed to conduct a hydraulic project. Repositioned large woody material shall be placed or anchored to provide stable, functional fish habitat. (2) Large woody material removal shall be conducted by equipment stationed on the bank, bridge, or other approved structure. (3) Unless otherwise authorized, large woody material shall be suspended during its removal so no portion of the large woody material or limbs can damage the bed or banks. Yarding corridors or full suspension shall be required to avoid damage to riparian vegetation. It may be necessary to cut the large woody material in place, to a size that allows suspension during removal. (4) Where large woody material cannot be suspended above the bed and banks, skid logs or similar methods shall be used to avoid bank damage. Upon completion of the yarding operation, skid logs shall be removed in a manner that avoids damage to streambanks and vegetation, and the bank shall be restored to preproject condition. (5) Smaller limb and bark debris associated with the large woody material shall be removed and disposed of so as not to reenter the watercourse. (6) Large woody material embedded in a bank or bed shall be left undisturbed and intact except where authorized for removal. (7) Large woody material removal or repositioning shall be accomplished in a manner which minimizes the release of bedload, logs, or debris downstream. (8) Depressions created in gravel bars shall be filled, smoothed over, and sloped upwards toward the bank on a minimum two percent gradient. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-150, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-150, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-160 Felling and yarding of timber. The following technical provisions shall apply to any felling and yarding of timber for which an HPA is required (see WAC 220-110-020). Timber felling and yarding projects requiring an HPA shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. (1) Trees shall not be felled into or across a watercourse, with identifiable bed or banks, except where authorized in special provisions of an HPA. (2) Trees or logs which enter a watercourse, with identifiable bed or banks, during felling or yarding shall remain where they enter unless parts or all of the trees or logs are specifically authorized to be removed. (3) Logs transported across a watercourse, with identifiable bed or banks, shall be suspended so no portion of the logs or limbs can enter the watercourse or damage the bed and banks. Yarding corridors or full suspension shall be required to prevent damage to riparian vegetation. (4) Cable tailholds may be placed over watercourses, with identifiable bed or banks, provided the number of yarding roads is kept to a minimum. When changing roads, the cable shall be moved around or over the riparian vegetation to avoid damage to the vegetation. (5) If limbs or other small debris enter the watercourse, with identifiable bed or banks, as a result of felling and yarding of timber, they shall be removed concurrently with each change in yarding road or within seventy-two hours after entry into the watercourse and placed outside the 50-year flood plain. Limbs or other small debris shall be removed from dry watercourses prior to the normal onset of high flows. Large woody material which was in place prior to felling and yarding of timber shall not be disturbed. (6) Precautions shall be taken to minimize the release of sediment to waters downstream from the felling or yarding activity. Sediment control devices, including, but not limited to, straw bales and filter fabric check dams, shall be used as necessary to avoid the release of sediment downstream. Accumulated sediment shall be removed from above check dams prior to their removal. The requirement to provide sediment control may be waived where adequate protection is provided through seasonal restriction of operations. (7) There shall be no skidding or ground lead yarding or equipment operation within flowing waters in channels with defined bed or banks. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-160, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-160, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-170 Outfall structures. Outfall structure projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to outfall structure projects: (1) The outfall structure shall be constructed according to an approved design to prevent the entry of fish, except where fish passage could enhance fish life or habitat. (2) The watercourse bank and bed at the point of discharge shall be armored to prevent scouring. (3) Excavation for placement of the structure or armoring materials shall be isolated from the wetted perimeter. (4) Alteration or disturbance of banks and bank vegetation shall be limited to that necessary to construct the project. All disturbed areas shall be protected from erosion within seven days of completion of the project using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them. (5) Structures containing concrete shall be sufficiently cured prior to contact with water, to avoid leaching. (6) All piling, lumber, or other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. The use of wood treated with creosote or pentachlorophenol is not allowed in lakes. [Statutory Authority: RCW 77.12.047. 05-14-001 (Order 05-131), § 220-110-170, filed 6/22/05, effective 7/23/05. Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-170, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-170, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-180 Pond construction. Pond construction projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to pond construction projects connected to a watercourse: (1) Ponds shall not be constructed within the watercourse. (2) Ponds shall be designed, constructed, and screened to prevent the entry of fish unless the pond will provide beneficial habitat, as determined by the department, in which case free and unrestricted access shall be provided. (3) Pond return flow shall be located to minimize the length of the bypass reach unless the bypass reach is intended to enhance fish life or habitat. (4) Pond construction activities involving diversion of state waters shall be dependent upon first obtaining a water right. This requirement does not apply to construction of storm water pond facilities landward of the ordinary high water line. (5) The work area shall be isolated from the watercourse during construction of the pond, the diversion system, and the return flow system. (6) Prior to the initial filling, all disturbed areas shall be protected from erosion, within seven days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them. (7) Ponds shall be designed and constructed so the outflow temperature is not harmful to fish life. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-180, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-180, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-190 Water diversions. A written HPA is not required for emergency water diversions during emergency fire response. The department shall be notified prior to the diversion, when possible. When prior notification is not possible, the department shall be notified within twenty-four hours of the diversion. The hydraulic code cannot be used to limit the amount or timing of water diverted under a water right. However, construction of structures or placement of devices or other work within waters of the state which will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, or that will utilize any of the waters of the state in order to divert water pursuant to a water right, requires an HPA. Regulation of water flow from a permanent irrigation structure by operating valves, or manipulating stop logs, check boards or head boards, does not require an HPA. Any hydraulic project activity related to a change in the manner or location of water diversion will require an HPA modification. Persons who have gravel berm dams as the method of diversion permitted by the department prior to January 1994 shall be allowed to continue to do so consistent with the provisions of an HPA. The department can, however, condition the approval of gravel berms. Construction or maintenance of fish screens or guards requiring use of equipment requires a written HPA. Installation of suction hoses or cleaning, adjusting, operating, and maintaining existing irrigation or stock water diversion structures including intakes or screens without the use of equipment, may be accomplished without first securing a written HPA. For these activities, compliance with the provisions of the latest edition of the Irrigation and Fish pamphlet issued by the department is required. The pamphlet shall be on-site and serve as the HPA. If a fish kill occurs or fish are observed in distress, the project activity shall cease and the department shall be notified immediately. The following technical provisions shall apply to water diversions: (1) Gravel berm dams shall be constructed of gravels available on site waterward of the ordinary high water line, or of clean round gravel transported to the site. Bed disturbance shall be limited to the minimum necessary to achieve the provisions of the water right. No dirt from outside the ordinary high water line shall be used to seal the dam and no logs or woody material waterward of the ordinary high water line may be utilized for construction of the dam, unless specifically authorized. (2) Logs and large woody material may be relocated waterward of the ordinary high water line, if they block water flow into the ditch or inhibit construction. (3) As long as the applicant or permittee can divert enough water to satisfy the water right, the diversion dam shall be constructed so that it does not hinder upstream and downstream adult and juvenile fish passage. If passage problems develop, department personnel may, after consultation, require modification of the gravel berm dam. (4) At pump stations, screens and headgate areas, a backhoe or suction dredge may be used to remove accumulated silts and gravel from the pumping sump. Material removed shall be placed so it will not reenter state waters. (5) Any device used for diverting water from a fish bearing watercourse shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 75.20.040 and 77.16.220. (6) Diversion canals shall be maintained (sediment and debris removal) to provide maximum hydraulic gradient in the diversion canal in order to minimize the need for work within the natural watercourse. (7) The exercise of project activity associated with diversion of state waters shall be dependent upon first obtaining a water right. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-190, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-190, filed 7/20/87. Statutory Authority: RCW 75.08.012, 75.08.080 and 75.20.100. 84-04-047 (Order 84-04), § 220-110-190, filed 1/30/84. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-190, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-200 Mineral prospecting technical provisions. WAC 220-110-201 through 220-110-205 set forth technical provisions that shall apply to mineral prospecting and placer mining projects as necessary to protect fish life. Additional special provisions may be included in written HPAs as necessary to address site-specific conditions. Written HPAs shall also have specific time limitations on project activities to protect fish life. Timing limitations for projects conducted under authority of the Gold and Fish pamphlet are found in WAC 220-110-206 through 220-110-209. Saltwater provisions may be applied to tidally influenced areas upstream of river mouths and the mainstem Columbia River downstream of Bonneville Dam where applicable in written HPAs. [Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-200, filed 12/16/98, effective 1/16/99. Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-200, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-200, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-200, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-201 Common mineral prospecting technical provisions. A copy of the current Gold and Fish pamphlet available from the department shall serve as an HPA, unless otherwise indicated, and be on the job site at all times. Mineral prospecting and placer mining projects authorized through a written HPA may incorporate additional mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. Project activities may be prohibited where project impacts adversely affect fish habitats for which no proven mitigation methods are available. The following technical provisions shall apply to all mineral prospecting and placer mining projects. (1) Excavation, collection and processing of aggregate from the bed shall comply with the timing and location restrictions specified in WAC 220-110-206 through 220-110-209. Excavation, collection and processing of aggregate within the wetted perimeter shall only occur between 5:00 a.m. and 11:00 p.m. (2) Excavation sites shall be separated by at least two hundred feet. (3) There shall be no excavation, collection or processing of aggregate within four hundred feet of any fishway, dam or hatchery water intake. (4) Except as specified in WAC 220-110-203, aggregate collected from outside the bed shall not be washed, sluiced, processed or deposited within two hundred feet landward of the ordinary high water line. (5) A maximum of five individuals eight years of age and over may collect and process aggregate from any excavation site. No more than one pit, furrow or pothole at a time shall be excavated by any one individual. (6) Excavations shall not occur between the ordinary high water line and two hundred feet landward of the ordinary high water line. Excavations between the ordinary high water line and the toe of the bank shall not result in undercutting below the ordinary high water line or in disturbance of land surfaces above the ordinary high water line. (7) There shall be no disturbance of live rooted vegetation of any kind. Woody debris jams and large woody material shall not be disturbed in any manner. (8) With the exception of aggregate excavated by a suction dredge, all excavations of aggregate shall only be performed by hand or with hand-held tools. A maximum of one hand-operated cable, chain or rope winch may be used to move bed material below the ordinary high water line. Additional safety cables, chains or ropes may be attached to this material provided they do not offer a mechanical advantage and are used solely to hold material in place. The use of horses, other livestock or motorized mineral prospecting equipment, except those specifically authorized under WAC 220-110-203 through 220-110-205, is prohibited. Materials too large to be moved with a single hand-operated cable, chain or rope winch shall not be disturbed. (9) Boulders may be moved only to facilitate collection of aggregate underneath them. Boulders shall be immediately replaced in their original location prior to working another excavation site or leaving the excavation site. Not working the excavation site for more than sixteen hours constitutes leaving the site. (10) Only equipment, methods, locations and timing for processing aggregate specified in WAC 220-110-201 through220-110-209 are authorized. Exceptions shall require additional authorization from the department in the form of a supplemental approval to the Gold and Fish pamphlet or a written HPA. A written HPA shall be required for exceptions in cases where "submit application" or "closed" is listed for state waters in WAC 220-110-206 through 220-110-209. Only the following exceptions may be authorized through a supplemental approval to the Gold and Fish pamphlet: (a) Timing and location only for Class I and Class II mineral prospecting equipment. (b) Location only for Class III mineral prospecting equipment. (11) With the exception of sieves for classifying aggregate, mineral prospecting equipment shall not be combined in series, joined or ganged with additional mineral prospecting equipment to increase the riffle area or efficiency of mineral recovery of a single piece of mineral prospecting equipment. (12) There shall be no damming or diversion of the flowing stream except as provided in WAC 220-110-203 (4)(d). (13) Prior to working another excavation site or leaving the excavation site, tailings of aggregate collected from below the ordinary high water line shall be returned to the location from which the aggregate was originally collected. Sand and lighter material washed away by the streamflow during aggregate processing and tailings resulting from suction dredging may be left where processed. (14) Except as required in subsection (13) of this section, tailings shall not be deposited in existing pools. (15) Incubating fish eggs or fry shall not be disturbed. If fish eggs or fry are encountered during excavation of the bed, operations shall immediately cease and the department shall be notified immediately. No further excavations shall occur until all eggs and fry have emerged from the gravel. Further approval shall be required by the department prior to resuming mineral prospecting or placer mining activities in that stream. (16) Beds containing live freshwater mussels shall not be disturbed. If live mussels are encountered during excavation of the bed, operations shall immediately cease and shall be relocated a minimum of two hundred feet from them. (17) All pits, furrows, tailing piles, and potholes created during excavation or processing of aggregate shall be leveled or refilled with bed materials or tailings prior to working another excavation site or leaving the excavation site. Not working the excavation site for more than sixteen hours constitutes leaving the site. No more than one pit, furrow or pothole at a time shall be excavated. (18) Fish entrapped within pits, furrows or potholes created during excavation or processing of aggregate shall immediately be safely collected and returned to flowing waters and the pits, furrows or potholes leveled or filled. (19) At no time shall mining or prospecting activity create a blockage or hindrance to either the upstream or downstream passage of fish. (20) If at any time as a result of project activities or water quality problems, fish life are observed in distress or a fish kill occurs, operations shall cease and both the department and the department of ecology shall be notified of the problem immediately. Work shall not resume until further approval is given by the department. Additional measures to mitigate impacts may be required. (21) No motorized, tracked, or wheeled vehicles shall be: (a) Operated or allowed below the ordinary high water line of the stream; or (b) Be operated so as to affect the bed or flow of waters of the state in any way. (22) Entry onto private property or removal of minerals from an existing mining claim or state-owned lands without the permission of the landowner or claim holder is not authorized. The permittee is responsible for determining land ownership, land status (i.e., open to entry under the mining laws) and the status and ownership of any mining claims. (23) Mercury and other hazardous materials shall not be used on the job site for amalgamating minerals. (24) Mercury, lead and other hazardous materials removed from aggregate or collected in concentrators during processing of aggregate shall not be returned to waters of the state and shall be disposed of as specified by the department of ecology. Contact the department of ecology for direction on disposal. (25) Once mining or prospecting at a job site is completed, or mining or prospecting is not conducted at the job site for more than one week, the job site shall be restored to preproject conditions, all disturbed areas shall be protected from erosion and revegetated with native plants, and all pits, furrows, tailing piles, and potholes shall be leveled or refilled as required in subsection (17) of this section. [Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-201, filed 12/16/98, effective 1/16/99.] -------------------------------------------------------------------------------- 220-110-202 Use of Class 0 mineral prospecting equipment. A copy of the current Gold and Fish pamphlet available from the department contains the rules which shall be followed when using Class 0 mineral prospecting equipment. A copy of the current Gold and Fish pamphlet shall be on the job site at all times. Mineral prospecting and placer mining projects authorized through a written HPA may incorporate additional mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. Project activities may be prohibited where project impacts adversely affect fish habitats for which no proven mitigation methods are available. The following technical provisions shall apply to all Class 0 mineral prospecting and placer mining projects: (1) The common technical provisions as specified in WAC 220-110-201 and the timing and location restrictions as specified in WAC 220-110-209 shall apply to all mineral prospecting and placer mining projects conducted with Class 0 equipment. (2) The use of a single hand-operated nonmotorized pan is authorized. (3) Collection and processing of aggregate shall be limited to that portion of the bed above the wetted perimeter. [Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-202, filed 12/16/98, effective 1/16/99.] -------------------------------------------------------------------------------- 220-110-203 Use of Class I mineral prospecting equipment. A copy of the current Gold and Fish pamphlet available from the department contains the rules which shall be followed when using Class I mineral prospecting equipment. A copy of the current Gold and Fish pamphlet shall be on the job site at all times. Mineral prospecting and placer mining projects authorized through a written HPA may incorporate additional mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. Project activities may be prohibited where project impacts adversely affect fish habitats for which no proven mitigation methods are available. The following technical provisions shall apply to all Class I mineral prospecting and placer mining projects: (1) The common technical provisions as specified in WAC 220-110-201 and the timing and location restrictions as specified in WAC 220-110-206 through 220-110-207 shall apply to all mineral prospecting and placer mining projects conducted with Class I equipment. (2) The use of only Class I mineral prospecting equipment is authorized. In addition to the use of one hand-held pan, no more than one other piece of mineral prospecting equipment shall be operated by an individual at any one time and location. (3) There shall be no hydraulicing. (4) The following shall also apply to all mineral prospecting and placer mining projects conducted with Class I equipment during the general or specific tributary seasons as specified in WAC 220-110-206 and 220-110-207: (a) Collection of aggregate shall be limited to the bed, or to two hundred feet or greater landward of the ordinary high water line. (b) Aggregate may be processed either on or above the bed: Provided, That within two hundred feet landward of the ordinary high water line: (i) Any water used shall be fully contained in pans, buckets or similar vessels. (ii) Wastewater resulting from processing of aggregate shall be discharged two hundred feet or greater landward of the ordinary high water line. (iii) Settleable solids shall be removed from wastewater. Sediments resulting from collection or processing of aggregate shall be deposited so they will not enter waters of the state. (c) Class I mineral prospecting equipment shall only be supplied with water flowing naturally in the stream, or with water collected with and contained in hand-carried buckets or pans. (d) There shall be no damming or diversion of the flowing stream beyond that necessary to direct water into a Class I sluice box as described in (c) of this subsection, and in no case shall greater than fifty percent of the width of the wetted perimeter of the stream be dammed or diverted. In no case shall the stream be directed outside of the existing wetted perimeter. The site of the dam or diversion shall be restored to its original condition prior to working another site or leaving the site. (5) The following shall also apply to all mineral prospecting and placer mining projects conducted with Class I equipment during the special Class I season as specified in WAC 220-110-207: (a) Collection of aggregate shall be limited to that portion of the bed above the wetted perimeter, or to two hundred feet or greater landward of the ordinary high water line. (b) Aggregate shall be processed above the wetted perimeter: Provided, That within two hundred feet landward of the ordinary high water line: (i) Any water used shall be fully contained in pans, buckets or similar vessels. (ii) Wastewater resulting from processing of aggregate shall be discharged two hundred feet or greater landward of the ordinary high water line. (iii) Settleable solids shall be removed from wastewater. Sediments resulting from collection or processing of aggregate shall be deposited so they will not enter waters of the state. (c) Equipment shall only be supplied with water collected with and contained in hand-carried buckets or pans. (d) There shall be no damming or diversion of the flowing stream. [Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-203, filed 12/16/98, effective 1/16/99.] -------------------------------------------------------------------------------- 220-110-204 Use of Class II mineral prospecting equipment. A copy of the current Gold and Fish pamphlet available from the department shall serve as an HPA, unless otherwise indicated, and be on the job site at all times. Mineral prospecting and placer mining projects authorized through a written HPA may incorporate additional mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. Project activities may be prohibited where project impacts adversely affect fish habitats for which no proven mitigation methods are available. The following technical provisions shall apply to all Class II mineral prospecting and placer mining projects: (1) The common technical provisions as specified in WAC 220-110-201 and the timing and location restrictions as specified in WAC 220-110-206 through 220-110-207 shall apply to all mineral prospecting and placer mining projects conducted with Class II equipment. (2) With the exception of the use of one hand-held pan, the use of only Class II mineral prospecting equipment is authorized. In addition to the use of a hand-held pan, no more than one piece of mineral prospecting equipment shall be operated by an individual at any one time and location. (3) Only one piece of Class II equipment shall be operated at any time at any excavation site. (4) Collection of aggregate shall be limited to the bed. (5) A nozzle greater than four inches inside diameter shall be used on a suction dredge only if a reducer or smaller diameter hose is attached to restrict the inside diameter to four inches or less. (6) Any device used for diverting or pumping water from a fish-bearing stream shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 75.20.040 and 77.16.220. To prevent fish from entering the system the pump intake shall be screened with either: (a) 0.06 inch (eighteen gauge) woven wire mesh with openings no greater than 0.087 inches; or (b) Perforated plate with openings no greater than 0.094 inch (3/32 inch); or (c) Profile bar with openings no greater than 1.75 millimeter (0.069 inch). The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than four-tenths feet per second, but in no case shall the surface area be less than one square foot. Screens shall be maintained to prevent injury or entrapment to juvenile fish and screens shall remain in place whenever water is withdrawn from the stream through the pump intake. (7) There shall be no hydraulicing outside of the wetted perimeter. Hydraulicing may be conducted only for redistribution of tailings within the bed to level or fill pits, potholes or furrows, and the nozzle or jet shall be submerged at all times. (8) Petroleum products or other harmful materials shall not enter waters of the state. Equipment shall be well maintained and inspected frequently to prevent fuel and fluid leaks. (9) Water shall be pumped only from a water body to a suction dredge operated within the wetted perimeter or to a highbanker located below the ordinary high water line. [Statutory Authority: RCW 75.20.330. 99-10-048 (Order 99-57), § 220-110-204, filed 4/30/99, effective 5/31/99. Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-204, filed 12/16/98, effective 1/16/99.] -------------------------------------------------------------------------------- 220-110-205 Use of Class III mineral prospecting equipment. A copy of the current Gold and Fish pamphlet available from the department shall serve as an HPA, unless otherwise indicated, and be on the job site at all times. Mineral prospecting and placer mining projects authorized through a written HPA may incorporate additional mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. Project activities may be prohibited where project impacts adversely affect fish habitats for which no proven mitigation methods are available. The following technical provisions shall apply to all Class III mineral prospecting and placer mining projects: (1) The common technical provisions as specified in WAC 220-110-201 and the timing and location restrictions as specified in WAC 220-110-208 shall apply to all mineral prospecting projects conducted with Class III equipment. (2) With the exception of the use of one hand-held pan, the use of only Class III mineral prospecting equipment is authorized. In addition to the use of a hand-held pan, no more than one piece of mineral prospecting equipment shall be operated by an individual at any one time and location. (3) Aggregate shall be collected and processed two hundred feet or greater landward of the ordinary high water line. (4) There shall be no motorized movement of bed materials. (5) The pump intake shall be placed in the water without moving or relocating any material in or on the bed or banks. (6) Any device used for diverting or pumping water from a fish-bearing stream shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 75.20.040 and 77.16.220. To prevent fish from entering the system the pump intake shall be screened with either: (a) 0.06 inch (eighteen gauge) woven wire mesh with openings no greater than 0.087 inches; or (b) Perforated plate with openings no greater than 0.094 inch (3/32 inch); or (c) Profile bar with openings no greater than 1.75 millimeter (0.069 inch). The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than four-tenths feet per second, but in no case shall the surface area be less than one square foot. Screens shall be maintained to prevent injury or entrapment to juvenile fish and screens shall remain in place whenever water is withdrawn from the stream through the pump intake. (7) Petroleum products or other harmful materials shall not enter waters of the state. Equipment shall be well maintained and inspected frequently to prevent fuel and fluid leaks. (8) There shall be no hydraulicing. (9) Settleable solids shall be removed from wastewater prior to the water reentering waters of the state. Sediments resulting from collection or processing of aggregate shall be deposited so they will not enter waters of the state. [Statutory Authority: RCW 75.20.330. 99-10-048 (Order 99-57), § 220-110-205, filed 4/30/99, effective 5/31/99. Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-205, filed 12/16/98, effective 1/16/99.] -------------------------------------------------------------------------------- 220-110-206 Authorized work times and watercourses for mineral prospecting and placer mining projects by specific watercourse, except the Columbia and Snake rivers, lakes, salt waters and waters within National Park boundaries using Class I and II equipment. Mineral prospecting and placer mining using Class I and II equipment pursuant to WAC 220-110-203 and 220-110-204 shall only occur in watercourses and times specified in the following table: (1) The general work time for a county applies to all streams within that county, unless otherwise indicated under specific stream and tributary work times. (2) The work time for a listed stream applies to all its tributaries, unless otherwise indicated. Some streams flow through multiple counties. Check the listing for the county in which mineral prospecting or placer mining is to be conducted to determine the work time for that stream. (3) Where a tributary is listed as a boundary, that boundary shall be the line perpendicular to the receiving stream that is projected from the most upstream point of the tributary mouth to the opposite bank of the receiving stream. (See Figure 1) Figure 1. Stream boundary line (4) Mineral prospecting and placer mining within two hundred feet landward of the ordinary high water line in state waters listed as "submit application" or "closed" is not authorized under the Gold and Fish pamphlet. Site review and a written HPA is required for these state waters. AUTHORIZED WORK TIMES FOR MINERAL PROSPECTING AND PLACER MINING USING CLASS I AND II EQUIPMENT SPECIFIC STREAM & TRIBUTARY WORK TIMES COUNTY GENERAL WORK TIMES STREAM & ALL TRIBUTARIES WORK TIME Adams July 1 - October 31 Esquatzel Creek July 1 - September 30 Palouse River June 15 - October 15 Asotin July 1 - October 31 Asotin Creek July 15 - August 15 Grande Ronde River July 15 - August 15 Benton June 1 - September 30 Yakima River tributaries July 1 - September 30 -- Corral Creek July 15 - September 30 -- Spring Creek July 15 - September 30 Chelan July 1 - August 15 Beaver Creek July 1 - October 31 Colockum Creek July 1 - October 31 Peshastin Creek -- mouth to Negro Creek July 1 - August 15 -- above Negro Creek July 1 - October 31 Squilchuck Creek July 1 - October 31 Stemilt Creek -- mouth to falls July 1 - October 31 Wenatchee River -- mouth to lake July 1 - September 30 Clallam July 15 - September 30 Bogachiel River July 15 - August 15 Calawah River July 15 - August 15 Clallum River July 15 - September 15 Dungeness River submit application Elwha -- mouth to lower dam July 1 - August 15 Hoko River July 15 - September 15 Jimmycomelately Creek submit application Lyre River July 15 - September 15 McDonald Creek July 1 - August 15 Morse Creek July 1 - August 15 Pysht River July 15 - September 15 Sekiu River July 15 - September 15 Sol Duc River July 15 - August 15 Sooes River July 15 - September 15 Clark July 1 - September 30 Lewis River -- mouth to forks June 1 - October 31 -- East Fork Lewis River -- -- mouth to LaCenter road bridge July 1 - October 31 -- -- above LaCenter & all tributaries submit application -- North Fork Lewis River -- -- mouth to Merwin Dam August 1 - August 31 -- -- Cedar Creek August 1 - September 30 -- -- Merwin Dam to Swift Dam July 1 - July 31 Lake River June 1 - October 31 Washougal River August 1 - August 31 Columbia July 15 - October 31 Tucannon River July 15 - August 15 Touchet River July 15 - August 15 Cowlitz July 1 - September 30 Cowlitz River August 1 - August 31 -- Coweeman River August 1 - September 30 -- Toutle River submit application Kalama River August 1 - August 31 Lewis River -- mouth to forks June 1 - October 31 -- North Fork Lewis River -- -- mouth to Merwin Dam August 1 - August 31 -- -- Merwin Dam to Lower Falls July 1 - July 31 -- -- above Lower Falls July 1 - October 31 Douglas July 1 - October 31 None Ferry July 1 - August 31 None Franklin June 1 - September 30 Palouse River -- above falls June 15 - October 15 Garfield July 15 - October 31 Asotin Creek July 15 - August 15 Tucannon River July 15 - August 15 Grant July 1 - October 31 None Grays Harbor July 15 - October 31 Cedar Creek July 15 - September 30 Chehalis River -- mouth to Porter Creek June 1 - October 31 -- above Porter Creek July 15 - September 30 Cloquallum River July 15 - September 30 Copalis River July 15 - October 15 Elk River July 15 - September 30 Hoquiam River July 15 - October 15 Humptulips River July 15 - October 15 Johns River July 15 - September 30 Moclips River July 15 - October 15 North River July 15 - September 15 Porter Creek July 15 - September 30 Quinault River July 15 - August 31 Satsop River July 15 - August 31 Wishkah River July 15 - October 15 Wynoochee River July 15 - October 15 Island June 15 - September 15 None Jefferson July 15 - October 31 Big Quilcene River July 15 - August 31 Bogachiel River July 15 - August 15 Chimacum Creek July 15 - August 31 Clearwater River July 15 - September 15 Donovan Creek July 15 - September 30 Dosewallips River July 15 - August 31 Duckabush River July 15 - August 31 Dungeness River tributaries submit application Hoh River July 15 - August 15 Little Quilcene River July 15 - August 31 Matheny Creek July 15 - September 15 Queets River July 15 - September 15 Quinault River July 15 - August 15 Salmon Creek submit application Sams River July 15 - September 15 Snow Creek submit application King July 1 - September 30 Green River (Duwamish) August 1 - August 31 Greenwater River July 15 - August 31 Lake Washington tributaries including Cedar and Sammamish rivers July 1 - August 31 -- Issaquah Creek June 15 - July 31 Snoqualmie River -- mouth to Snoqualmie Falls July 1 - September 15 -- Snoqualmie Falls to mouth of South Fork Snoqualmie River June 15 - October 31 -- North, Middle and South Fork Snoqualmie rivers and tributaries July 15 - October 31 -- Tolt River -- -- -mouth to forks July 15 - October 31 -- -- -North Fork -- -- -- -mouth to Yellow Creek July 15 - September 15 -- -- -- -above Yellow Creek July 15 - October 31 -- -- -- -mouth to dam July 15 - September 15 -- -- -- -above dam July 15 - October 31 White River July 15 - August 31 Kittitas June 1 - September 30 Colockum Creek July 1 - October 31 Yakima River -- above Roza Dam submit application -- Gold Creek (Lake Keechelus) July 1 - July 31 -- Kachess River -- -- above Lake Kachess July 1 - July 31 -- -- Box Canyon Creek (Lake Kachess) July 1 - July 31 -- Little Naches River July 15 - August 15 -- Wenas Creek August 1 - October 31 -- other Yakima River tributaries July 15 - August 31 Kitsap July 15 - October 31 Seabeck Creek July 15 - August 31 Gorst Creek July 15 - August 31 Klickitat July 1 - September 30 Klickitat River July 1 - August 15 White Salmon River July 1 - August 15 Lewis July 1 - September 30 Chehalis River -- upstream of South Fork Chehalis River confluence July 1 - August 31 Cispus River -- mouth to Walupt Creek August 1 - August 31 -- above Walupt Creek submit application -- McCoy Creek August 1 - September 30 Connelly Creek August 1 - September 30 Cowlitz River August 1 - August 31 Newaukum River July 1 - August 31 Nisqually River -- above Alder Lake July 1 - September 30 Skookumchuck River July 1 - August 31 Tilton River August 1 - September 30 Toutle River -- tributaries submit application Walupt Creek submit application Packwood Lake tributaries submit application Lincoln June 15 - October 15 None Mason July 15 - October 31 Cloquallum Creek July 15 - September 30 Coulter Creek July 15 - September 15 Hamma Hamma River -- mouth to falls July 15 - August 31 -- John Creek July 15 - August 31 Johns Creek July 15 - August 31 Lilliwaup River -- below falls July 15 - August 31 -- above falls July 1 - October 31 Mill Creek July 15 - October 15 Satsop River July 15 - August 31 Schaerer Creek July 15 - August 31 Sherwood Creek July 15 - September 15 Skokomish River July 15 - September 15 Tahuya River July 15 - September 15 Twanoh Creek June 1 - October 31 Union River June 1 - September 15 Okanogan July 1 - August 15 Aneas Creek -- mouth to falls July 1 - October 31 Chewiliken Creek -- mouth to falls July 1 - October 31 Chiliwist Creek -- mouth to falls July 1 - October 31 Methow River -- mouth to Carleton July 1 - September 30 Mosquito Creek July 1 - October 31 Nine Mile Creek July 1 - October 31 Omak Creek -- mouth to falls July 1 - October 31 Similkameen River -- mainstem July 1 - September 30 -- all Similkameen River tributaries July 1 - August 15 Tunk Creek -- mouth to falls July 1 - October 31 Pacific July 15 - September 30 Chehalis River July 1 - August 31 Chinook River August 1 - August 31 Grays River August 1 - September 30 North River July 15 - September 15 Pend Oreille July 1 - August 31 Big Muddy Creek June 1 - August 31 Bracket Creek June 1 - August 31 Calispel Creek -- mouth to Calispel Lake June 1 - August 31 Exposure Creek June 1 - August 31 Kent Creek June 1 - August 31 Lime Creek June 1 - August 31 Little Spokane River June 15 - August 31 Lodge Creek June 1 - August 31 Marshall Creek June 1 - August 31 Pee Wee Creek -- above falls June 1 - October 31 Renshaw Creek June 1 - August 31 Pierce July 15 - August 31 Nisqually River -- mouth to Alder Lake July 1 - August 31 -- tributaries below Alder Lake submit application -- above Alder Lake & tributaries July 15 - September 15 Carbon River July 15 - August 31 -- South Prairie Creek -- -- mouth to Forest Service road #7710 July 15 - September 15 -- -- above Forest Service road #7710 July 1 - October 31 -- Voights Creek -- -- mouth to falls July 15 - September 15 -- -- above falls July 15 - October 31 -- Wilkeson Creek -- -- mouth to Snell Lake July 1 - September 30 -- -- above Snell Lake July 1 - October 31 Rocky Creek July 15 - September 30 San Juan June 1 - August 31 None Skagit July 1 - September 30 Baker River --mouth to dam June 15 - August 31 Cascade River June 15 - July 15 Illabot Creek June 15 - July 31 Samish River submit application Skagit River -- mouth to Sauk River June 15 - August 31 -- above Sauk River June 15 - July 31 -- Sauk River July 15 - August 15 -- -- Suiattle River July 15 - August 15 Nooksack River submit application Skamania July 1 - September 30 Cispus River August 1 - August 31 Lewis River -- East Fork Lewis River submit application -- North Fork Lewis River -- -- Cougar Creek June 1 - July 31 -- -- Merwin Dam to Lower Falls & tributaries July 1 - July 31 -- -- above Lower Falls July 1 - October 31 Little White Salmon River July 1 - August 31 McCoy Creek August 1 - September 30 Washougal River August 1 - August 31 White Salmon River July 1 - August 31 Wind River August 1 - August 15 Snohomish July 1 - September 30 Lake Washington tributaries July 1 - August 31 Sauk River July 15 - August 15 --Suiattle River July 15 - August 15 Snohomish River -- mouth to Highway 9 June 1 - October 31 -- above Highway 9 July 1 - August 31 -- Pilchuck River July 1 - August 31 -- -- mouth to city of Snohomish diversions dam July 1 - August 31 -- -- above city of Snohomish diversion dam July 1 - September 15 -- Skykomish River -- -- mouth to forks July 1 - August 31 -- -- North Fork Skykomish River -- -- mouth to San Juan campground July 1 - August 31 -- -- San Juan campground to Deer Falls submit application -- -- above Deer Falls July 15 - October 31 -- -- Salmon Creek submit application -- -- South Fork Skykomish River -- -- mouth to Sunset Falls July 1 - August 31 -- -- Sunset Falls to Alpine Falls July 1 - September 15 -- -- above Alpine Falls July 15 - October 31 -- -- Beckler River -- -- mouth to Boulder Creek July 1 - September 15 -- -- above Boulder Creek July 15 - October 31 -- -- Rapid River -- -- mouth to Meadow Creek July 15 - September 15 -- -- above Meadow Creek July 15 - October 31 -- -- Foss River -- -- mouth to forks July 15 - September 15 -- -- East Fork Foss River submit application -- -- West Fork Foss River July 15 - October 31 -- -- Miller River -- -- mouth to forks July 1 - September 15 -- -- above forks July 1 - October 31 -- -- Olney Creek -- -- mouth to Olney Falls July 1 - September 15 -- -- above Olney Falls July 1 - October 31 -- -- Sultan River -- -- mouth to old diversion dam July 1 - August 31 -- -- old diversion dam to Culmback Dam July 1 - October 31 -- -- tributaries above Culmback Dam August 1 - October 31 -- -- Wallace River -- -- mouth to Wallace Falls July 1 - September 1 -- -- above Wallace Falls July 1 - October 31 -- Snoqualmie River July 1 - August 31 -- all other Snohomish River tributaries July 1 - August 31 Stillaguamish River -- mouth to forks July 1 - August 31 -- North and South Fork Stillaguamish Rivers July 1 - August 15 -- Deer Creek submit application -- Canyon Creek submit application Spokane June 15 - August 31 Latah Creek -- mainstem June 15 - October 31 -- all Latah Creek tributaries June 15 - August 31 Stevens July 1 - August 31 Big Sheep Creek -- mouth to Sheep Creek Falls submit application -- above Sheep Creek Falls July 1 - August 31 Thurston July 15 - September 15 Cedar Creek July 15 - September 30 Little Deschutes River July 15 - October 31 McLane Creek July 15 - October 31 Nisqually River -- mainstem July 1 - August 31 -- all Nisqually River tributaries submit application Porter Creek July 15 - September 30 Schneider Creek July 1 - October 31 Skookumchuck River July 1 - August 31 Woodard Creek July 1 - October 31 Woodland Creek July 1 - October 31 Wahkiakum July 15 - September 15 Elochoman River August 1 - September 30 Grays River August 1 - September 30 Naselle River July 15 - September 30 Walla Walla July 15 - October 31 Touchet River July 15 - August 15 Walla Walla River July 15 - August 15 Whatcom July 1 - September 30 Baker River submit application Nooksack River -- above forks submit application -- all Nooksack River tributaries submit application Ross Lake tributaries submit application Samish River submit application Skagit River June 15 - July 31 Whitman June 15 - October 15 Palouse River -- mouth to falls June 1 - September 30 Yakima June 1 - September 30 Klickitat River July 1 - August 15 Yakima River -- mouth to Roza Dam June 1 - September 15 -- Naches River -- -- mouth to Tieton River June 1 - October 31 -- -- above confluence of Tieton River June 1 - August 15 -- -- Indian Creek (Rimrock Lake) July 1 - July 31 -- -- Tieton River June 1 - August 15 -- -- Little Naches River July 15 - August 15 -- -- Bumping River July 15 - August 15 -- -- -- American River submit application -- -- Rattlesnake Creek July 15 - August 15 -- Wenas Creek August 1 - October 31 -- all other Yakima River tributaries July 15 - August 31 [Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-206, filed 12/16/98, effective 1/16/99.] -------------------------------------------------------------------------------- 220-110-207 Authorized work times and watercourses for mineral prospecting and placer mining projects in the Columbia and Snake rivers, lakes, salt waters and waters within National Park boundaries using Class I and II equipment. Mineral prospecting and placer mining using Class I and II equipment pursuant to WAC 220-110-203 and 220-110-204 shall only occur in watercourses and times specified in the following table: (1) Where a tributary is listed as a boundary, that boundary shall be the line perpendicular to the receiving stream and which is projected from the most upstream point of the tributary mouth to the opposite bank of the receiving stream. (See Figure 1, WAC 220-110-206.) (2) The general and special Class I work times apply only to the watercourses listed. See WAC 220-110-206 for work times and locations for tributaries to the listed watercourses. (3) Use of Class I equipment only is authorized for the special Class I work times. (4) Mineral prospecting and placer mining within two hundred feet landward of the ordinary high water line in state waters listed as "submit application" or "closed" is not authorized under the Gold and Fish pamphlet. Site review and a written HPA is required for these state waters. AUTHORIZED WORK TIMES FOR MINERAL PROSPECTING AND PLACER MINING USING CLASS I AND II EQUIPMENT WATERCOURSE GENERAL WORK TIME SPECIAL CLASS I WORK TIME Columbia River -- mouth to Snake River submit application June 1 - October 31 -- Snake River to Priest Rapids Dam August 1 - August 31 June 1 - August 1 -- Priest Rapids Dam to Wenatchee River October 16 - October 31 June 1 - October 16 -- above Wenatchee River September 1 - October 31 June 1 - September 1 Snake River August 1 - August 31 June 1 - August 1 Lakes closed closed -- Columbia River reservoirs see Columbia River above see Columbia River above -- Snake River reservoirs see Snake River above see Snake River above Salt waters closed closed All watercourses, including tributaries, within National Park boundaries closed closed [Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-207, filed 12/16/98, effective 1/16/99.] -------------------------------------------------------------------------------- 220-110-208 Authorized work times and watercourses for mineral prospecting and placer mining projects using Class III equipment only. Mineral prospecting and placer mining using Class III equipment pursuant to WAC 220-110-205 shall only occur in watercourses and times specified in the following table: (1) The work times apply to all watercourses listed and their tributaries. (2) Mineral prospecting and placer mining within two hundred feet landward of the ordinary high water line in streams listed as "closed" is not authorized. AUTHORIZED WORK TIMES FOR MINERAL PROSPECTING AND PLACER MINING USING CLASS III EQUIPMENT WATERCOURSE WORK TIME All watercourses not listed as "closed" in WAC 220-110-206 and 220-110-207 January 1 - December 31 All watercourses listed as "closed" in WAC 220-110-206 and 220-110-207 closed [Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-208, filed 12/16/98, effective 1/16/99.] -------------------------------------------------------------------------------- 220-110-209 Authorized work times and watercourses for mineral prospecting and placer mining projects using Class 0 equipment only. Mineral prospecting and placer mining using Class 0 equipment pursuant to WAC 220-110-202 shall only occur in watercourses and times specified in the following table: (1) The work times apply to all watercourses listed and their tributaries. (2) Mineral prospecting and placer mining within two hundred feet landward of the ordinary high water line in state waters listed as "submit application" or "closed" is not authorized under the Gold and Fish pamphlet. Site review and a written HPA is required for these state waters. AUTHORIZED WORK TIMES FOR MINERAL PROSPECTING AND PLACER MINING USING CLASS 0 EQUIPMENT WATERCOURSE WORK TIME All watercourses not listed as "submit application" or "closed" in WAC 220-110-206 and 220-110-207 January 1 - December 31 All watercourses listed as "submit application" in WAC 220-110-206 and 220-110-207 submit application All watercourses listed as "closed" in WAC 220-110-206 and 220-110-207 closed [Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-209, filed 12/16/98, effective 1/16/99.] -------------------------------------------------------------------------------- 220-110-223 Freshwater lake bulkheads. Bio-engineering is the preferred method of bank protection where practicable. Freshwater lake bulkhead projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to freshwater bulkhead projects: (1) The toe of the bulkhead shall be placed landward of the ordinary high water line. (2) Rock used for the bulkhead construction shall be composed of clean, angular material of a sufficient size to prevent its being washed away by high water or wave action. (3) Material that is waterward of the ordinary high water line shall not be utilized for backfill. (4) Excavated or dredged material shall not be stockpiled waterward of the ordinary high water line. (5) All trenches, depressions, or holes created within the ordinary high water line shall be backfilled prior to inundation by high water or wave action. (6) All piling, lumber, or other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. The use of wood treated with creosote or pentachlorophenol is not allowed in lakes. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-223, filed 11/14/94, effective 12/15/94.] -------------------------------------------------------------------------------- 220-110-224 Freshwater boat hoists, ramps, and launches. The installation and operation of portable boat hoists in lakes does not require a HPA, provided: 1. Equipment is not operated below the ordinary high water line during installation; 2. The hoist is not installed at the mouth of any watercourse; and 3. Dredging, filling, or pile driving is not conducted as part of the project. Freshwater boat hoist, ramp, and launch projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to boat ramps and launches in freshwater areas. (1) Structures containing concrete shall be sufficiently cured to prevent leaching prior to contact with water. (2) All piling, lumber, or other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. The use of wood treated with creosote or pentachlorophenol is not allowed in lakes. (3) Overburden material resulting from this project shall be deposited so as not to reenter the water. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-224, filed 11/14/94, effective 12/15/94.] -------------------------------------------------------------------------------- 220-110-230 Saltwater technical provisions. WAC 220-110-240 through 220-110-330 set forth technical provisions that shall apply to saltwater hydraulic projects. Certain technical provisions shall be required depending upon the individual proposal and site specific characteristics. Additional special provisions may be included, as necessary to address site-specific conditions. Those provisions, where applicable, shall be contained in the hydraulic project approval, as necessary to protect fish life. Saltwater provisions may be applied to tidally influenced areas upstream of river mouths and the mainstem Columbia River downstream of Bonneville Dam where applicable. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-230, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-230, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-240 Tidal reference areas. Tidal reference areas are defined as follows: (1) Tidal Reference Area 1 (Shelton): All saltwater areas in Oakland Bay and Hammersley Inlet westerly of a line projected from Hungerford Point to Arcadia. (2) Tidal Reference Area 2 (Olympia): All saltwater areas between a line projected from Hungerford Point to Arcadia and a line projected from Johnson Point to Devil's Head. This includes Totten, Eld, Budd, Case and Henderson Inlets, and Pickering Passage. (3) Tidal Reference Area 3 (South Puget Sound): All saltwater areas easterly and northerly of a line projected from Johnson Point to Devil's Head and southerly of the Tacoma Narrows Bridge. (4) Tidal Reference Area 4 (Tacoma): All saltwater areas northerly of the Tacoma Narrows Bridge and southerly of a line projected true west and true east across Puget Sound from the northern tip of Vashon Island. (5) Tidal Reference Area 5 (Seattle): All saltwater areas northerly of a line projected true west and true east across Puget Sound from the northern tip of Vashon Island and southerly of a line projected true east from Point Jefferson at 47° 15' N. latitude across Puget Sound. This area includes Port Orchard, Port Madison, and Dyes and Sinclair Inlets. (6) Tidal Reference Area 6 (Edmonds): All saltwater areas northerly of a line projected true east from Point Jefferson at 47° 15' N. latitude across Puget Sound and southerly of a line projected true east from Possession Point to Chenault Beach and from Foulweather Bluff to Double Bluff. (7) Tidal Reference Area 7 (Everett): All saltwater areas northerly of a line projected true east from Possession Point to Chenault Beach, easterly of a line projected 5° true from East Point to Lowell Point, and southerly of the Stanwood to Camano Island Highway. This area includes Port Gardner, Port Susan, and parts of Possession Sound and Saratoga Passage. (8) Tidal Reference Area 8 (Yokeko Point): All saltwater area westerly and northerly of a line projected 5° true from East Point to Lowell Point, north of the Stanwood to Camano Island Highway, and easterly and southerly of Deception Pass Bridge and the Swinomish Channel Bridge on State Highway 536. This area includes Holmes Harbor, Saratoga Passage, Skagit Bay, Similk Bay, and most of the Swinomish Channel. (9) Tidal Reference Area 9 (Blaine): All saltwater area in Skagit County and Whatcom County that lies northerly of the Swinomish Channel Bridge on State Highway 536 and westerly and northerly of Deception Pass Bridge. (10) Tidal Reference Area 10 (Port Townsend): All saltwater area of Puget Sound as defined in WAC 220-16-210 except Hood Canal south of a line projected from Tala Point to Foulweather Bluff, and except all waters defined in Tidal Reference Areas 1 through 9. Area 10 includes waters of the San Juan Islands, Admiralty Inlet, the Strait of Juan de Fuca, and associated bays and inlets. (11) Tidal Reference Area 11 (Union): All saltwater area of Hood Canal southerly and easterly of a line projected from Lilliwaup Bay to Dewatto Bay. (12) Tidal Reference Area 12 (Seabeck): All saltwater areas of Hood Canal northerly of a line projected from Lilliwaup Bay to Dewatto Bay and southerly of a line projected true east from Hazel Point. This area includes Dabob Bay and Quilcene Bay. (13) Tidal Reference Area 13 (Bangor): All saltwater area of Hood Canal northerly of a line projected true east from Hazel Point and south of a line projected from Tala Point to Foulweather Bluff. This area includes Port Gamble. (14) Tidal Reference Area 14 (Ocean Beaches): All saltwater area between Cape Flattery and the Oregon border at the mouth of the Columbia River, excluding Grays Harbor and Willapa Bay. (15) Tidal Reference Area 15 (Westport): All saltwater area in Grays Harbor easterly of a line projected from the outermost end of the north jetty to the outermost end of the south jetty, and westerly of 123° 59' W. longitude. (16) Tidal Reference Area 16 (Aberdeen): All saltwater area in Grays Harbor easterly of 123° 59' W. longitude and westerly of the Union Pacific railroad bridge across the Chehalis River. (17) Tidal Reference Area 17 (Willapa Bay): All saltwater area in Willapa Bay easterly of a line projected from Leadbetter Point to Cape Shoalwater Light. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-240, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-240, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-250 Saltwater habitats of special concern. In the following saltwater habitats of special concern, or areas in close proximity with similar bed materials, specific restrictions regarding project type, design, location, and timing may apply as referenced in WAC 220-110-270 through 220-110-330. The location of such habitats may be determined by a site visit. In addition, the department may consider all available information regarding the location of the following habitats of special concern. (1) Information concerning the location of the following saltwater habitats of special concern is available on request to the habitat management division of the department of fish and wildlife. These habitats of special concern may occur in the following types of areas: (a) Surf smelt (Hypomesus pretiosus) spawning beds are located in the upper beach area in saltwater areas containing sand and/or gravel bed materials. (b) Pacific sand lance (Ammodytes hexapterus) spawning beds are located in the upper beach area in saltwater areas containing sand and/or gravel bed materials. (c) Rock sole (Lepidopsetta bilineata) spawning beds are located in the upper and middle beach area in saltwater areas containing sand and/or gravel bed materials. (d) Pacific herring (Clupea harengus pallasi) spawning beds occur in lower beach areas and shallow subtidal areas in saltwater areas. These beds include eelgrass (Zostera spp) and other saltwater vegetation and/or other bed materials such as subtidal worm tubes. (e) Rockfish (Sebastes spp) settlement and nursery areas are located in kelp beds, eelgrass (Zostera spp) beds, other saltwater vegetation, and other bed materials. (f) Lingcod (Ophiodon elongatus) settlement and nursery areas are located in beach and subtidal areas with sand, eelgrass (Zostera spp), subtidal worm tubes, and other bed materials. (2) Juvenile salmonid (Family salmonidae) migration corridors, and rearing and feeding areas are ubiquitous throughout shallow nearshore saltwater areas of the state. (3) The following vegetation is found in many saltwater areas and serves essential functions in the developmental life history of fish or shellfish: (a) Eelgrass (Zostera spp); (b) Kelp (Order laminariales); (c) Intertidal wetland vascular plants (except noxious weeds). [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-250, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.08.012, 75.08.080 and 75.20.100. 84-04-047 (Order 84-04), § 220-110-250, filed 1/30/84. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-250, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-270 Common saltwater technical provisions. The following technical provisions apply to projects in saltwater areas. Project activities may be prohibited where project impacts adversely affect fish habitats for which no proven mitigation methods are available. (1) Use of equipment on the beach area shall be held to a minimum and confined to specific access and work corridors. (2) Bed material, other than material excavated for bulkhead footings or placement of bulkhead base rock, shall not be utilized for project construction or fills. The department may allow placement of dredged material in areas for beneficial uses such as beach nourishment or cleanup of contaminated sediments. (3) Wet concrete shall be prevented from entering waters of the state. Forms for any concrete structure shall be constructed to prevent leaching of wet concrete. Impervious material shall be placed over any exposed concrete not lined with forms that will come in contact with waters of the state. Forms and impervious material shall remain in place until the concrete is cured. (4) Beach area depressions created during project activities shall be reshaped to preproject beach level upon project completion. Hydraulic clam harvesters shall comply with those conditions specified in WAC 220-52-018. (5) No debris or deleterious material shall be disposed of or abandoned waterward of the ordinary high water line except at an approved in-water site. (6) All debris or deleterious material resulting from construction shall be removed from the beach area or bed and prevented from entering waters of the state. (7) No petroleum products or other deleterious materials shall enter surface waters. (8) Project activities shall be conducted to minimize siltation of the beach area and bed. (9) All piling, lumber, and other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. (10) Wood treated with preservatives, trash, waste, or other deleterious materials shall not be burned below the ordinary high water line. Limited burning of untreated wood or similar material, subject to timing restrictions or other provisions may be allowed. (11) Project activities shall not degrade water quality to the detriment of fish life. (12) If a fish kill occurs or fish are observed in distress, the project activity shall immediately cease and the department granting the HPA shall be notified immediately. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-270, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-270, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-271 Prohibited work times in saltwater areas. Work waterward of the ordinary high water line shall be prohibited or conditioned for the following times and areas. These timing restrictions shall be applied to projects in the following saltwater areas except when allowed under subsection (6) of this section or WAC 220-110-285 (Single family residence bulkheads in saltwater areas). (1) The prohibited times and areas for protection of migrating juvenile salmonids, surf smelt, and Pacific herring spawning beds are listed in the following table: PROHIBITED TIMES TIDAL REFERENCE AREA JUVENILE SALMONID MIGRATION FEEDING AND REARING AREAS SURF SMELT SPAWNING BEDS HERRING SPAWNING BEDS 1 March 15 - June 14 ? January 15 - March 31 2 March 15 - June 14 July 1 - March 31 January 15 - March 31 3 March 15 - June 14 October 1 - April 30 January 15 - March 31 4 March 15 - June 14 October 1 - April 14 January 15 - April 14 5 March 15 - June 14 September 1 - March 31 January 15 - April 30 in all areas except Eagle Harbor and Sinclair Inlet Year round in Eagle Harbor and Sinclair Inlet 6 March 15 - June 14 ? ? 7 March 15 - June 14 Year round February 1 - April 14 8 March 15 - June 14 Year round February 1 - April 14 9 March 15 - June 14 Year round February 1 - April 14 south of a line running due west from Governor's point February 1 - June 14 north of a line running due west from Governor's point 10 March 15 - June 14 Sept. 15 - October 31 in January 15 - April 30 Kilisut Harbor October 15 - January 14 in Dungeness Bay May 1 - August 31 in Twin Rivers and Deep Creek Year round in San Juan Islands 11 March 15 - June 14 September 15 - March 1 January 15 - March 31 12 March 15 - June 14 ? February 15 - April 14 13 March 15 - June 14 October 15 - January 31 January 15 - April 14 14 March 1 - June 14 ? ? 15 March 1 - June 14 ? ? 16 March 1 - June 14 ? ? 17 March 1 - June 14 ? February 1 - March 14 (2) Tidal Reference Areas 1 through 17; October 15 through March 1 for projects in or adjacent to Pacific sand lance spawning beds. (3) Tidal Reference Areas 1 through 17; December 15 through March 31 for projects in or adjacent to rock sole spawning beds. (4) Tidal Reference Areas 1 through 17; May 15 through October 14 for projects in or adjacent to lingcod settlement and nursery areas. (5) Additional timing restrictions may apply for protection of other important species of fish or shellfish or if necessary to protect fish life at a particular site. (6) If the surf smelt spawning season for the project location is six months or longer, work may be permitted if it commences within forty-eight hours after the location is inspected by a department representative or biologist acceptable to the department and it is determined that no spawning is occurring or has recently occurred. The project may be further conditioned to require completion within a particular time. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-271, filed 11/14/94, effective 12/15/94.] -------------------------------------------------------------------------------- 220-110-280 Bulkheads and bank protection in saltwater areas (nonsingle family residence). Bulkhead construction and other bank protection projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions apply to bulkhead and bank protection projects in saltwater areas on nonsingle family residence property. In addition, these projects shall comply with technical provisions and timing restrictions in WAC 220-110-240 through 220-110-271. (1) The waterward face of a new bulkhead or other bank protection shall be constructed according to an approved design, utilizing the least impacting type of structure and shall minimize encroachment waterward of the ordinary high water line to protect juvenile salmonid migration corridors and other habitats of special concern. (2) Replacement or repair of an existing, functioning bulkhead or other bank protection shall utilize the least impacting type of structure and method of construction and shall minimize further waterward encroachment. (3) The construction of bulkheads and other bank protection is prohibited in eelgrass (Zostera spp), Pacific herring spawning beds, and lingcod and rockfish settlement and nursery areas. (4) The construction of bulkheads and other bank protection shall not result in a permanent loss of surf smelt, Pacific sand lance, or rock sole spawning beds. (5) Kelp (Order laminariales) or intertidal wetland vascular plants (except noxious weeds) adversely impacted due to construction of bulkheads or other bank protection shall be replaced using proven methodology. (6) Project activities within the beach area shall not occur when the project area, including the work corridor, is inundated by tidal waters. (7) Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for construction of the bulkhead or other bank protection. (8) All natural habitat features on the beach larger than twelve inches in diameter including trees, stumps and logs, and large rocks shall be retained on the beach following construction. (9) Excavated materials containing silt, clay, or fine grained soil shall not be stockpiled below the ordinary high water line. (10) When stockpiling of sand, gravel, and other coarse material is allowed below the ordinary high water line, it shall be placed within a designated work corridor waterward of the bulkhead footing or base rock. All excavated or stockpiled material shall be removed from the beach within seventy-two hours of bulkhead construction. (11) If sand, gravel, and other coarse material is to be temporarily placed where it will come into contact with tidal waters, this material shall be covered with filter fabric and adequately secured to prevent erosion and/or potential entrainment of fish. (12) All trenches, depressions, or holes created in the beach area shall be backfilled prior to inundation by tidal waters. Trenches excavated for footings or placement of base rock may remain open during construction, however, fish shall be prevented from entering such trenches. (13) Placement of appropriately sized gravel on the beach area shall be required following construction of bulkheads or other bank protection in identified surf smelt spawning areas. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-280, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-280, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-285 Single-family residence bulkheads in saltwater areas. Single-family residence bulkheads shall not result in the permanent loss of critical food fish or shellfish habitat. The following provisions apply to bulkhead projects in saltwater areas on single-family residence property. Except as expressly provided for in this section, construction of single-family residence bulkheads shall comply with technical provisions and timing restrictions in WAC 220-110-240 through220-110-271 . (1) Critical food fish and shellfish habitats pertaining to single-family residence bulkheads as identified in RCW 75.20.160 are those habitats that serve an essential function in the developmental life history of fish or shellfish. These habitats include but are not limited to the following: (a) Pacific herring, surf smelt, Pacific sand lance, and rock sole spawning beds; (b) Intertidal wetland vascular plants (except noxious weeds); (c) Eelgrass (Zostera spp); (d) Kelp (Order laminariales); (e) Lingcod settlement and nursery areas; (f) Rockfish settlement and nursery areas; (g) Juvenile salmonid migration corridors and rearing and feeding areas. (2) The waterward face of a new bulkhead shall be located at or above the ordinary high water line. Where this is not practicable due to geological, engineering, or safety concerns, the waterward face of the new bulkhead shall be located only as far waterward of the ordinary high water line as necessary to excavate for footings or place base rock for the structure and under no conditions shall the waterward face of the bulkhead be located more than six feet waterward of the ordinary high water line. In addition, the waterward face of any bulkhead shall be located as close to the toe of the bank as possible. (3) The waterward face of a replacement bulkhead shall be located no further waterward than the face of the existing, functioning bulkhead except where removal of the existing bulkhead would result in environmental degradation (e.g., release of deleterious material) or removal problems due to geological, engineering, or safety concerns. Where removal of an existing bulkhead is not practicable for the above reasons, the replacement or repair bulkhead shall be placed waterward of and directly abutting the existing structure. The least impacting type of structure and method of construction shall be utilized in these instances. (4) Construction work on a bulkhead project under this section shall be subject to the timing restrictions in WAC 220-110-271 if the department determines that the project may affect a critical food fish or shellfish habitat described above. To determine if a timing constraint is appropriate for a bulkhead project under this section the department shall consider the particular location of the project and characteristics of habitats that may be affected by the project, and may include an inspection of the project site to evaluate the particular habitats near the project. The timing constraints listed in WAC 220-110-271 shall be imposed only if the department determines in the particular case that the constraint is necessary to protect a critical food fish or shellfish habitat. In addition, the timing constraints under this section shall meet the following requirements: (a) When a project under this section may affect more than one critical habitat, the department shall apply the more protective timing constraint. (b) Timing conditions to protect nearshore juvenile salmonid migration, rearing, and feeding areas shall not be required if: (i) The excavation for footings or placement of base rock is located at or above MHHW and all construction work is conducted from the landward side of the project; or (ii) The waterward face of the bulkhead and all work areas and corridors, including stockpile areas, but excluding the area occupied by a grounded barge, are at or above MHHW; or (iii) The waterward face of the bulkhead is at or above MHHW and the bed of the project site does not contain substantial amounts of silt, clay, or fine grained sediments, so long as the project also meets the following conditions: (A) If the bulkhead is to be constructed of rock, then work shall be limited to daylight hours in a twenty-five-foot wide corridor immediately waterward of the new bulkhead face (excluding the area occupied by a grounded barge) and construction work shall not occur if tidal waters are within thirty feet of the new bulkhead face or within the stockpile area, whichever is greater. The department may permit rock to be stockpiled within fifty feet of the new bulkhead face. (B) If the bulkhead is to be constructed of concrete, timber, steel, or material other than rock, work shall be limited to daylight hours in a fifteen foot wide corridor immediately waterward of the new bulkhead face (excluding the area occupied by a grounded barge) and construction work shall not occur if tidal waters are within twenty feet of the new bulkhead face. (c) Timing conditions to protect surf smelt spawning beds shall be imposed if a bulkhead project is located on or where it may affect a surf smelt spawning area and the surf smelt spawning season for that location is less than six months. If the surf smelt spawning season for the project location is six months or longer, then work may be permitted if it commences within forty-eight hours after the location is inspected by a department representative or biologist acceptable to the department and it is determined that no spawn is occurring or has recently occurred. The project may be further conditioned to require completion within a particular time. (d) When required by the habitat characteristics of a particular case, location, or project, the department may impose appropriate timing constraints to protect a critical habitat pursuant to WAC 220-110-271(5). (5) Project activities shall not occur when the project area including the work corridor (excluding the area occupied by a grounded barge), is inundated by tidal waters. (6) Removal or destruction of overhanging bankline vegetation shall be limited to that necessary for construction of the bulkhead. (7) All natural habitat features on the beach larger than twelve inches in diameter including trees, stumps, logs, and large rocks shall be retained on the beach following construction. (8) Excavated materials containing silt, clay, or fine grained soil shall not be stockpiled below the ordinary high water line. (9) When stockpiling of sand, gravel, and other coarse material is allowed below the ordinary high water line, it shall be placed within a designated work corridor waterward of the bulkhead footing or base rock. All excavated or stockpiled material shall be removed from the beach within seventy-two hours of bulkhead construction. (10) If sand, gravel and other coarse material is to be temporarily placed where it will come into contact with tidal waters, this material shall be covered with filter fabric and adequately secured to prevent erosion and/or potential entrainment of fish. (11) All trenches, depressions, or holes created in the beach area shall be backfilled prior to inundation by tidal waters. Trenches excavated for footings or placement of base rock may remain open during construction, however, fish shall be prevented from entering such trenches. (12) Placement of appropriately sized gravel on the beach area shall be required following construction of bulkheads in identified surf smelt spawning areas. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-285, filed 11/14/94, effective 12/15/94.] -------------------------------------------------------------------------------- 220-110-290 Saltwater boat ramps and launches. Boat ramp projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions apply to saltwater area boat ramp and launch projects. In addition, these projects shall comply with technical provisions and timing restrictions in WAC 220-110-240 through 220-110-271. (1) Railway-type boat launches shall be designed to cause minimal interference with tidal currents and littoral drift. (2) Boat ramps shall be designed and located to avoid adverse impacts to surf smelt, Pacific sand lance, rock sole, and Pacific herring spawning beds, rockfish and lingcod settlement and nursery areas, and eelgrass (Zostera spp). (3) The side slopes of a boat ramp shall be no steeper than 1.5 feet horizontal to one foot vertical. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-290, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-290, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-300 Saltwater piers, pilings, docks, floats, rafts, ramps, boathouses, houseboats, and associated moorings. Piers, pilings, docks, floats, rafts, ramps, boathouses, houseboats, and associated mooring projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions apply to piers, pilings, docks, floats, rafts, ramps, boathouses, houseboats, and associated moorings in saltwater areas. In addition, these projects shall comply with technical provisions and timing restrictions in WAC 220-110-240 through 220-110-271. (1) Floats and rafts shall not ground on surf smelt, Pacific herring, Pacific sand lance, and rock sole spawning beds. In all other areas, no more than twenty percent of the float or raft within the beach area shall ground at any time. Those portions of the float or raft that will ground shall be constructed to align parallel to the shore and provide a minimum of eight inches clearance between the beach area and nongrounding portions of the float. (2) Floats, rafts, and associated anchoring systems shall be designed and deployed so that the bed is not damaged. (3) Piers, docks, floats, rafts, ramps, boathouses, houseboats, and associated moorings shall be designed and located to avoid shading of eelgrass (Zostera spp). (4) Kelp (Order laminariales) and intertidal wetland vascular plants (except noxious weeds) adversely impacted due to construction of piers, docks, floats, rafts, ramps, boathouses, and houseboats shall be replaced using proven methodology. (5) Mitigation measures for piers, docks, floats, rafts, ramps, and associated moorings shall include, but are not limited to, restrictions on structure width and/or incorporation of materials that allow adequate light penetration (i.e., grating) for structures located landward of -10.0 feet MLLW. (6) Piers, docks, floats, rafts, ramps, boathouses, houseboats, and associated moorings shall be designed and located to avoid adverse impacts to Pacific herring spawning beds and rockfish and lingcod settlement and nursery areas. (7) Piers, docks, floats, rafts, ramps, boathouses, houseboats, and associated moorings shall be designed and located to avoid adverse impacts to juvenile salmonid migration routes and rearing habitats. (8) Floatation for the structure shall be fully enclosed and contained to prevent the breakup or loss of the floatation material into the water. (9) Boathouses and houseboats and covered moorages shall not be located landward of -10.0 feet MLLW. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-300, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.08.012, 75.08.080 and 75.20.100. 84-04-047 (Order 84-04), § 220-110-300, filed 1/30/84. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-300, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-310 Utility lines. Utility line projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions apply to utility line projects. In addition, these projects shall comply with technical provisions and timing restrictions in WAC 220-110-240 through 220-110-271. (1) Timing restrictions for digging trenches in the beach area for the installation of cables, sewer lines, and other utilities may be further restricted to protect other important fish life. (2) Excavation of trenches within the beach area shall not occur when the project area is inundated by tidal waters. (3) Trenches excavated for placement of utilities may remain open for limited times during construction, but fish shall be prevented from entering open trenches. (4) If a fish kill occurs, or fish are observed in distress, excavation activities shall immediately cease and the department shall be notified immediately. (5) Excavation for and installation of cables, sewer lines, and other utilities shall be conducted with equipment and techniques that minimize adverse impacts to fish and shellfish and their habitats. (6) Utility lines shall be located to avoid Pacific herring spawning beds, rockfish and lingcod settlement and nursery areas and eelgrass (Zostera spp). (7) Kelp (Order laminariales) and intertidal wetland vascular plants (except noxious weeds) adversely impacted due to excavation or installation activities shall be replaced using proven methodology. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-310, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-310, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-320 Dredging in saltwater areas. Dredging projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions apply to dredging projects. In addition, these projects shall comply with technical provisions and timing restrictions in WAC 220-110-240 through 220-110-271. (1) In addition to those timing limitations listed in WAC 220-110-271, dredge timing may be further restricted to protect other important fish life. (2) If a fish kill occurs or fish are observed in distress, dredging shall immediately cease and the department shall be notified immediately. (3) A hydraulic dredge shall only be operated with the intake at or below the surface of the material being removed. The intake shall only be raised a maximum of three feet above the bed for brief periods of purging or flushing the intake system. (4) Each pass of a clamshell dredge bucket shall be complete. Stockpiling of dredged material below the ordinary high water line may be prohibited. (5) Dredging shall be conducted with dredge types and methods that cause the least adverse impact to fish and shellfish and their habitat. (6) Dredged bed materials shall be disposed of at approved in-water disposal sites or upland. The department may allow placement of dredged material in areas for beneficial uses such as beach nourishment or cleanup of contaminated sediments. (7) Dredging shall be conducted to a depth not greater than the channel depth at the seaward end. Dredging to depths greater than the channel at the seaward end may be authorized only in berthing areas and turning basins for commercial shipping purposes. (8) Dredging is prohibited in herring spawning beds and in rockfish and lingcod settlement and nursery areas. (9) Kelp (Order laminariales) adversely impacted due to dredging shall be replaced using proven methodology. (10) Dredging shall avoid adverse impacts to eelgrass (Zostera spp). [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-320, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-320, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-320, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-330 Marinas in saltwater areas. Marina construction projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions apply to marina projects. In addition, these projects shall comply with technical provisions and timing restrictions in WAC 220-110-240 through 220-110-320 except WAC 220-110-285. (1) The construction of marinas is prohibited on or over Pacific herring spawning beds and lingcod and rockfish settlement and nursery areas. (2) Marinas shall be designed, located, and constructed to avoid adverse impacts to surf smelt, Pacific sand lance, and rock sole spawning beds, and eelgrass (Zostera spp). (3) Open-type construction, utilizing floating breakwaters and open pile work, shall be used whenever practicable. (4) Physical modeling, numerical models, or other information that demonstrates adequate water exchange and circulation may be required. (5) All navigation channels and breaches shall be maintained at or below marina depth to provide adequate fish passage. (6) Isolated breakwaters beyond the line of extreme low tide shall be constructed of permanent material. No slope restrictions apply. (7) The following provisions apply to marina construction shoreward of the existing ordinary high water line: (a) A single entrance may be required. (b) The entire inner shoreline shall be in conformance with bulkheading provisions in WAC 220-110-280. (8) The following provisions apply to marina construction waterward of the ordinary high water line: (a) The beach area inside the marina may be protected in accordance with bulkheading provisions in WAC 220-110-280. Between the elevation of the toe of the bulkhead and MLLW the beach face shall not exceed a slope of 1.5 feet horizontal to one foot vertical. (b) For a single entrance or breach marina, the breakwater structure shall not exceed a 1.5 feet horizontal to one foot vertical slope inside and outside the marina. (c) The following provisions apply when a marina includes breaches that form shore breakwaters (jetties) and detached breakwaters: (i) The toe of the shore breakwaters (jetties) may extend seaward to MLLW, but shall not extend seaward more than 250 feet from MHHW. (ii) The shore breakwaters shall have a minimum slope of 1.5 feet horizontal to 1 foot vertical throughout. (iii) The breaches between the shore breakwaters and the detached breakwaters shall be not less than 20 feet in width measured at the toe of the slope. (d) Boathouses, houseboats, and covered moorages shall not be located landward of -10 feet MLLW. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-330, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-330, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-331 Aquatic plant removal and control technical provisions. WAC 220-110-332 through 220-110-338 set forth technical provisions that shall apply to hydraulic projects that control or remove aquatic plants. Aquatic plant removal and control methods include physical, mechanical, biological and chemical control methods. Often the best approach to aquatic plant control and removal is through the development of a vegetation management plan. A vegetation management plan is a comprehensive approach to control of aquatic plants where all forms of control strategies are considered and usually some combination of techniques is selected and implemented in a planned manner. These plans are based on the idea that decisions should be centered upon an understanding of the biology and ecology of the aquatic plant to be controlled and the environmental characteristics of the site. Integrated vegetation management planning is encouraged at all times to comprehensively address aquatic plant problems for a watercourse. Certain technical provisions shall be required depending upon the individual proposal and site specific characteristics. Additional special provisions may be included, as necessary to address site-specific conditions. Those provisions, where applicable, shall be contained in the HPA (pamphlet or individual), as necessary to protect fish life. HPAs shall have specific time limitations on project activities to protect fish life. Information concerning timing shall be included with the pamphlet HPA. Saltwater provisions may be applied to tidally influenced areas upstream of river mouths and the mainstem Columbia River downstream of Bonneville Dam where applicable. [Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-331, filed 6/4/97, effective 7/5/97.] -------------------------------------------------------------------------------- 220-110-332 Hand removal or control. A copy of the current Aquatic Plants and Fish pamphlet available from the department shall serve as an HPA, unless otherwise indicated, and be on the job site at all times. Hand removal or control of aquatic plants is useful for eradication of an aquatic noxious weed early infestation. Hand removal or control can be effective for small, confined areas. Hand removal or control of aquatic plants projects may incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to hand removal or control of both aquatic noxious weed and aquatic beneficial plant projects except where otherwise indicated: (1) Due to potential impacts to sockeye spawning areas, prior authorization by the department shall be required for raking in Baker Lake and Lakes Osoyoos, Ozette, Pleasant, Quinault, Sammamish, Washington and Wenatchee. Authorization may or may not be given for raking, and if given, may require mitigation through a written agreement between the applicant and the department for impacts by raking to the spawning area. (2) Work shall be restricted to the use of hand-pulling, hand-held tools or equipment, or equipment that is carried when used. (3) Removal or control of aquatic beneficial plants to maintain an access for boating or swimming shall be allowed along a maximum length of 10 linear feet of the applicant's shoreline. Projects for boating and swimming access which cover a larger area shall require prior authorization by the department. (4) Where possible, the entire plant shall be removed when using hand-pulling for aquatic noxious weeds. (5) Removal of detached plants and plant fragments from the watercourse shall be as complete as possible when using hand removal to remove or control aquatic noxious weeds. Detached plants and plant fragments shall be disposed of at an upland site so as not to reenter state waters. (6) Existing fish habitat components such as logs, stumps, and large boulders shall not be removed or disturbed. (7) Work shall be conducted to minimize the release of sediment and sediment-laden water from the project site. (8) Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid or other deleterious material from equipment used are allowed to enter or leach into the watercourse. (9) If at any time as a result of project activities or water quality problems, fish life are observed in distress or a fish kill occurs, operations shall cease and both the department and the department of ecology shall be notified of the problem immediately. The project shall not resume until further approval is given by the department. Additional measures to mitigate impacts may be required. (10) Every effort shall be made to avoid the spread of plant fragments through equipment contamination. Persons or firms using any equipment to remove or control aquatic plants shall thoroughly remove and properly dispose of all viable residual plants and viable plant parts from the equipment prior to the equipment's use in a body of water. [Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-332, filed 6/4/97, effective 7/5/97.] -------------------------------------------------------------------------------- 220-110-333 Bottom barriers or screens. A copy of the current Aquatic Plants and Fish pamphlet available from the department shall serve as an HPA, unless otherwise indicated, and be on the job site at all times. Bottom barriers or screens are useful for eradication of an aquatic noxious weed early infestation. Bottom barriers or screens are best used in small, confined areas where control of all plants is desirable. Bottom barrier or screen projects may incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to bottom barrier or screen projects for both aquatic noxious weed or aquatic beneficial plant control or removal except where otherwise indicated: (1) Due to potential impacts to sockeye spawning areas, prior authorization by the department shall be required for activities in Baker Lake and Lakes Osoyoos, Ozette, Pleasant, Quinault, Sammamish, Washington, and Wenatchee. Authorization may or may not be given for the activity, and if given, may require mitigation through a written agreement between the applicant and the department for impacts by the activity to the spawning area. (2) For removal and control of aquatic noxious weeds, bottom barrier or screen material shall not cover more than fifty percent of the length of the applicant's shoreline. Bottom barrier or screen projects covering a larger area shall require prior authorization by the department. Bottom barrier or screen and anchor material consisting of biodegradable material may be left in place. Bottom barrier or screen and anchor material that is not biodegradable shall be completely removed within two years of placement to encourage recolonization of aquatic beneficial plants unless otherwise approved by the department. (3) To remove or control aquatic beneficial plants such that an access is maintained for boating or swimming, bottom barrier or screen and anchor material that is either biodegradable or nonbiodegradable may be installed along a maximum length of ten linear feet of the applicant's shoreline. Bottom barrier or screen projects for boating and swimming access which cover a larger area shall require prior authorization by the department. (4) Bottom barrier or screen material shall be securely anchored with pea-gravel filled bags, rock or similar mechanism to prevent billowing and movement offsite. (5) Bottom barrier or screen and anchors shall be regularly maintained while in place to ensure the barrier or screen and anchors are functioning properly. Barriers or screens that have moved or are billowing shall immediately be securely reinstalled or removed from the watercourse. (6) Existing fish habitat components such as logs, stumps, and large boulders may be relocated within the watercourse if necessary to properly install the bottom barrier or screen. These habitat components shall not be removed from the watercourse. (7) If at any time as a result of project activities or water quality problems, fish life are observed in distress or a fish kill occurs, operations shall cease and both the department and the department of ecology shall be notified of the problem immediately. The project shall not resume until further approval is given by the department. Additional measures to mitigate impacts may be required. (8) Every effort shall be made to avoid the spread of plant fragments through equipment contamination. Persons or firms using any equipment to remove or control aquatic plants shall thoroughly remove and properly dispose of all viable residual plants and viable plant parts from the equipment prior to the equipment's use in a body of water. [Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-333, filed 6/4/97, effective 7/5/97.] -------------------------------------------------------------------------------- 220-110-334 Weed rolling. A copy of the current Aquatic Plants and Fish pamphlet available from the department shall serve as an HPA, unless otherwise indicated, and be on the job site at all times. Weed rollers are best used when control of all aquatic plants is desired. Weed rolling projects may incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to weed rolling projects for both aquatic noxious weed or aquatic beneficial plant control or removal except where otherwise indicated: (1) Due to potential impacts to sockeye spawning areas, prior authorization by the department shall be required for activities in Baker Lake and Lakes Osoyoos, Ozette, Pleasant, Quinault, Sammamish, Washington, and Wenatchee. Authorization may or may not be given for the activity, and if given, may require mitigation through a written agreement between the applicant and the department for impacts by the activity to the spawning area. (2) Weed rollers shall not be used to remove an aquatic noxious weed early infestation. To remove or control all other infestation levels of aquatic noxious weeds, weed rollers shall not cover an area of more than two thousand five hundred square feet. Weed roller projects covering a greater area shall require prior authorization by the department. (3) Where the intent is to remove or control aquatic beneficial plants, prior authorization by the department shall be required. (4) Removal of detached plants and plant fragments from the watercourse shall be as complete as possible when using weed rollers to remove or control aquatic noxious weeds. Detached plants and plant fragments shall be disposed of at an upland site so as not to reenter state waters. (5) Work shall be conducted to minimize the release of sediment and sediment-laden water from the project site. (6) Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid or other deleterious material from equipment used are allowed to enter or leach into the watercourse. (7) If at any time as a result of project activities or water quality problems, fish life are observed in distress or a fish kill occurs, operations shall cease and both the department and the department of ecology shall be notified of the problem immediately. The project shall not resume until further approval is given by the department. Additional measures to mitigate impacts may be required. (8) Existing fish habitat components such as logs, stumps, and large boulders may be relocated within the watercourse if necessary to properly install the weed roller. These habitat components shall not be removed from the watercourse. (9) Every effort shall be made to avoid the spread of plant fragments through equipment contamination. Persons or firms using any equipment to remove or control aquatic plants shall thoroughly remove and properly dispose of all viable residual plants and viable plant parts from the equipment prior to the equipment's use in a body of water. [Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-334, filed 6/4/97, effective 7/5/97.] -------------------------------------------------------------------------------- 220-110-335 Mechanical harvesting and cutting. A copy of the current Aquatic Plants and Fish pamphlet available from the department shall serve as an HPA, unless otherwise indicated, and be on the job site at all times. Mechanical harvesting and cutting projects may incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to mechanical harvesting and cutting projects for both aquatic noxious weed or aquatic beneficial plant control or removal except where otherwise indicated: (1) Mechanical harvesters and cutters shall not be used to remove an aquatic noxious weed early infestation. (2) If the intent of the project is to remove aquatic beneficial plants, prior authorization by the department shall be required. (3) Removal of detached plants and plant fragments from the watercourse shall be as complete as possible when using mechanical harvesters or cutters to remove or control aquatic noxious weeds. Detached plants and plant fragments shall be disposed of at an upland site so as not to reenter state waters. (4) Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid or other deleterious material from equipment used are allowed to enter or leach into the watercourse. Equipment shall be well-maintained and where practicable, food-grade oil in the hydraulic systems should be used. (5) If at any time as a result of project activities or water quality problems, fish life are observed in distress or a fish kill occurs, operations shall cease and both the department and the department of ecology shall be notified of the problem immediately. The project shall not resume until further approval is given by the department. Additional measures to mitigate impacts may be required. (6) Existing fish habitat components such as logs, stumps, and large boulders may be relocated within the watercourse if necessary to operate the equipment. These habitat components shall not be removed from the watercourse. (7) Mechanical harvester and cutter operations shall only be conducted in waters of sufficient depth to avoid bottom contact with the cutter blades. (8) Mechanical harvesters and cutters shall be operated at all times to cause the least adverse impact to fish life. (9) Fish life that may be entrained in the cut vegetation during mechanical harvester operations shall be immediately and safely returned to the watercourse. (10) Every effort shall be made to avoid the spread of plant fragments through equipment contamination. Persons or firms using any equipment to remove or control aquatic plants shall thoroughly remove and properly dispose of all viable residual plants and viable plant parts from the equipment prior to the equipment's use in a body of water. (11) Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to conduct the project. All disturbed areas shall be protected from erosion, within seven calendar days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. After authorization by the department, the requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them. [Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-335, filed 6/4/97, effective 7/5/97.] -------------------------------------------------------------------------------- 220-110-336 Rotovation. An individual HPA shall be required for rotovation projects. Rotovation projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to rotovation projects for both aquatic noxious weed or aquatic beneficial plant control or removal except where otherwise indicated: (1) Rotovators shall not be used to remove an aquatic noxious weed early infestation. (2) Removal of detached plants and plant fragments from the watercourse shall be as complete as possible when using rotovation to remove or control aquatic noxious weeds. Detached plants and plant fragments shall be disposed of at an upland site so as not to reenter state waters. (3) Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid or other deleterious material from equipment used are allowed to enter or leach into the watercourse. Rotovators shall be well-maintained and where practicable, food-grade oil in the hydraulic systems should be used. (4) If at any time, as a result of project activities or water quality problems, fish life are observed in distress or a fish kill occurs, operations shall cease and both the department and the department of ecology shall be notified of the problem immediately. The project shall not resume until further approval is given by the department. Additional measures to mitigate impacts may be required. (5) Existing fish habitat components such as logs, stumps, and large boulders may be relocated within the watercourse if necessary to operate the equipment. These habitat components shall not be removed from the watercourse. (6) Rotovators shall be operated at all times to cause the least adverse impact to fish life. (7) Every effort shall be made to avoid the spread of plant fragments through equipment contamination. Persons or firms using any equipment to remove or control aquatic plants shall thoroughly remove and properly dispose of all viable residual plants and viable plant parts from the equipment prior to the equipment's use in a body of water. (8) Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to conduct the project. All disturbed areas shall be protected from erosion, within seven calendar days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. After authorization by the department, the requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them. (9) Rotovation shall not occur in fish spawning areas unless approved by the department. [Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-336, filed 6/4/97, effective 7/5/97.] -------------------------------------------------------------------------------- 220-110-337 Aquatic plant dredging. A copy of the current Aquatic Plants and Fish pamphlet available from the department shall serve as an HPA for diver-operated dredging only, unless otherwise indicated, and shall be on the job site at all times. All other dredging for aquatic plant control or removal shall require an individual HPA. Dredging projects may incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to dredging projects for both aquatic noxious weed or aquatic beneficial plant control or removal except where otherwise indicated: (1) All aquatic plant dredging projects. (a) Due to potential impacts to sockeye spawning areas, prior authorization by the department shall be required for activities in Baker Lake and Lakes Osoyoos, Ozette, Pleasant, Quinault, Sammamish, Washington, and Wenatchee. Authorization may or may not be given for the activity, and if given, may require mitigation through a written agreement between the applicant and the department for impacts by the activity to the spawning area. (b) Extreme care shall be taken to ensure that no petroleum products, hydraulic fluid or other deleterious material from equipment used are allowed to enter or leach into the watercourse. Equipment shall be well-maintained and where practicable, food-grade oil in the hydraulic systems should be used. (c) If at any time as a result of project activities or water quality problems, fish life are observed in distress or a fish kill occurs, operations shall cease and both the department and the department of ecology shall be notified of the problem immediately. The project shall not resume until further approval is given by the department. Additional measures to mitigate impacts may be required. (d) Existing fish habitat components such as logs, stumps, and large boulders may be relocated within the watercourse if necessary to operate the equipment. These habitat components shall not be removed from the watercourse. (e) Dredging shall be conducted at all times with dredge types and methods that cause the least adverse impact to fish life. (f) Every effort shall be made to avoid the spread of plant fragments through equipment contamination. Persons or firms using any equipment to remove or control aquatic plants shall thoroughly remove and properly dispose of all viable residual plants and viable plant parts from the equipment prior to the equipment's use in a body of water. (g) Work shall be conducted to minimize the release of sediment and sediment-laden water from the project site. (h) Upon completion of the dredging, the bed shall not contain pits, potholes, or large depressions to avoid stranding of fish. (i) Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to conduct the project. All disturbed areas shall be protected from erosion, within seven calendar days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. After prior authorization by the department, the requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them. (2) Diver-operated dredging only. The use of diver-operated dredging is useful to remove an aquatic noxious weed early infestation, and to assist in long-term maintenance following control or removal via other methods. (a) Removal of plants and plant fragments from the watercourse shall be as complete as possible when using diver-operated dredging to remove or control aquatic noxious weeds. Plants and plant fragments shall be removed from the dredge slurry prior to its return to the watercourse. Dredged bed materials, including detached plants and plant fragments, shall be disposed of at an upland disposal site so as not to reenter state waters. (b) An hydraulic dredge shall only be operated with the intake at or below the surface of the material being removed. The intake shall only be raised a maximum of three feet above the bed for brief periods of purging or flushing the intake system. (c) If the intent of the project is to remove or control aquatic beneficial plants, prior authorization from the department shall be required. (3) Dredging other than diver-operated dredging. Except for diver-operated dredging, an individual HPA shall be required for all dredging for aquatic plant control or removal projects. (a) Dragline and clamshell dredges shall not be used to remove an aquatic noxious weed early infestation. (b) Removal of plants and plant fragments from the watercourse shall be as complete as possible when using dredging to remove or control aquatic noxious weeds. Dredged bed materials, including detached plants and plant fragments, shall be disposed of at an upland disposal site so as not to reenter state waters. (c) Dredging shall not be conducted in fish spawning areas unless approved by the department. (d) An hydraulic dredge shall only be operated with the intake at or below the surface of the material being removed. The intake shall only be raised a maximum of three feet above the bed for brief periods of purging or flushing the intake system. (e) If a dragline or clamshell is used, it shall be operated to minimize turbidity. During excavation, each pass with the clamshell or dragline bucket shall be complete. Dredged material shall not be stockpiled waterward of the ordinary high water line. [Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-337, filed 6/4/97, effective 7/5/97.] -------------------------------------------------------------------------------- 220-110-338 Water level manipulation. An individual HPA shall be required for water level manipulation. The use of water level manipulations (drawdowns) to remove or control aquatic noxious weeds or aquatic beneficial plants by exposing plants and root systems to extreme temperature and moisture conditions may be appropriate under specific circumstances. Accurate plant identification is important to ensuring any degree of success. Water level manipulation projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to water level manipulation projects for both aquatic noxious weed or aquatic beneficial plant control or removal except where otherwise indicated: (1) If at any time as a result of project activities or water quality problems, fish life are observed in distress or a fish kill occurs, operations shall cease and both the department and the department of ecology shall be notified of the problem immediately. The project shall not resume until further approval is given by the department. Additional measures to mitigate impacts may be required. (2) Water level manipulation shall be conducted to cause the least adverse impact to fish life. (3) Water level manipulation shall occur gradually and in a controlled manner to prevent a sudden release of impounded water or sediments which may result in downstream bed and bank degradation, sedimentation, or flooding. Water levels shall be drawndown and brought back up at rates predetermined in consultation with and approved by the department. Instream flow requirements shall be maintained as water levels are brought back up. (4) Disturbed bank areas shall be protected from erosion. Erosion control methods may include, but are not limited to, filter fabric and immediate mulching of exposed areas. Riprap, or other bank hardening/armoring method, shall not be allowed. [Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-338, filed 6/4/97, effective 7/5/97.] -------------------------------------------------------------------------------- 220-110-340 Informal appeal of adverse administrative decisions. It is recommended that an aggrieved party contact the local habitat biologist responsible for the hydraulic permit decision of concern prior to initiating an informal or formal appeal. Discussion of concerns with the habitat biologist often results in resolution of the problem without the need for an informal or formal appeal. The habitat biologist may request review of your concerns by his or her supervisor. All parties are encouraged to take advantage of this informal appeal process prior to initiating a formal appeal. However, this informal appeal process is not mandatory, and a person may proceed directly to a formal appeal. (1) The following procedures shall govern informal appeals of department actions taken pursuant to RCW 75.20.100, 75.20.103, 75.20.106, and 75.20.160. This rule does not apply to any provisions or conditions in pamphlets or supplemental approvals as defined in WAC 220-110-020 (44)(c). A person who disagrees with a provision or condition in a pamphlet HPA or its supplemental approval may apply for an individual written HPA. A person who is aggrieved or adversely affected by the following department actions may request an informal review: (a) The denial or issuance of an HPA, or the conditions or provisions made part of an HPA; or (b) An order imposing civil penalties. (2) A request for an informal review shall be in writing and shall be received by the department within thirty days of the denial or issuance of an HPA or receipt of an order imposing civil penalties. The thirty-day time requirement may be stayed by the department if negotiations are occurring between the aggrieved party and the habitat biologist and/or their supervisor. Requests for informal review shall be mailed to Department of Fish and Wildlife, Habitat and Lands Services Program, 600 Capitol Way N., Olympia, Washington 98501-1091, or hand delivered to 1111 Washington Street S.E., Habitat and Lands Services Program, Fifth floor. (3) Upon receipt of a written request for informal agency review, the department shall initiate a review of the agency decision. This review shall be conducted by the regulatory services division manager or the division manager's designee. Upon completion of the comprehensive review, the division manager, or designee shall recommend a decision to the director or the director's designee. This recommended decision shall be approved or disapproved by the director or the director's designee within sixty days of the date the informal appeal was received by the department. The department shall notify the appellant in writing of the decision of the director or the director's designee. (4) If, following this informal agency review process, the appellant still wishes to contest the agency action, a formal appeal may be initiated pursuant to WAC 220-110-350. Formal review must be requested within the time periods specified in WAC 220-110-350. [Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-340, filed 12/16/98, effective 1/16/99. Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-340, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-340, filed 7/20/87. Statutory Authority: RCW 75.08.012, 75.08.080 and 75.20.100. 84-04-047 (Order 84-04), § 220-110-340, filed 1/30/84. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-340, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-350 Formal appeal of administrative decisions. (1) The following procedures shall govern formal appeals of department actions taken pursuant to RCW 75.20.100 or 75.20.106. This rule does not apply to any provisions or conditions in pamphlets or supplemental approvals as defined in WAC 220-110-020 (44)(c). A person who disagrees with a provision or condition in a pamphlet HPA or its supplemental approval may apply for an individual written HPA. This rule does not apply to an appeal in which a person contests the denial, conditioning or issuance of an HPA issued pursuant to RCW 75.20.103 or 75.20.160, which shall be heard by the hydraulic appeals board. A person who is aggrieved or adversely affected by the following department actions may request a formal appeal: (a) The denial or issuance of an HPA, or the conditions or provisions made part of an HPA; (b) An order imposing civil penalties; or (c) Any other "agency action" for which an adjudicative proceeding is required under the Administrative Procedure Act, chapter 34.05 RCW. (2) As required by the Administrative Procedure Act, the department shall inform the permittee, or person subject to civil penalty or order of the department, of the opportunity for appeal, the time within which to file a written request for an appeal, and the place to file it. (3) A request for an appeal shall be in writing and shall be received during office hours by the department within thirty days of the agency action that is being challenged. Requests for appeal shall be mailed to Department of Fish and Wildlife, Habitat and Lands Services Program, 600 Capitol Way N., Olympia, Washington 98501-1091, or hand delivered to 1111 Washington Street SE, Habitat and Lands Services Program, Fifth floor. If there is no timely request for an appeal, the agency action shall be final and unappealable. (4) The time period for requesting a formal appeal is suspended during consideration of a timely informal appeal. If there has been an informal appeal, the deadline for requesting a formal appeal shall be within thirty days of the date of the department's written decision in response to the informal appeal. (5) The written request for an appeal shall be plainly labeled as "Request for Formal Appeal" and shall contain the following: (a) The name, address, and phone number of the person requesting the appeal; (b) The specific agency action that the person contests; for example, denial of an HPA, a particular condition in an HPA, order imposing civil penalties, etc.; (c) Whether the person is the permittee, landowner, resident, or other basis for the person's interest in the agency action in question; (d) The date of denial, issuance, or condition of an HPA, if the person is contesting denial, issuance, or conditioning of an HPA; (e) Specific relief requested; and (f) The attorney's name, address, and phone number, if the person is represented by legal counsel. (6) The appeal may be conducted by the director, the director's designee, or by an administrative law judge (ALJ) appointed by the office of administrative hearings. If conducted by an ALJ, the ALJ shall issue an initial order pursuant to RCW 34.05.461. The director or the director's designee shall review the initial order and enter a final order as provided by RCW 34.05.464. (7) All hearings conducted by the director, the director's designee, or an ALJ pursuant to subsection (6) of this section, shall comply with the Administrative Procedure Act and the model rules of procedure, chapter 10-08 WAC. [Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-350, filed 12/16/98, effective 1/16/99. Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-350, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-350, filed 7/20/87. Statutory Authority: RCW 75.08.012, 75.08.080 and 75.20.100. 84-04-047 (Order 84-04), § 220-110-350, filed 1/30/84. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-350, filed 4/13/83.] -------------------------------------------------------------------------------- 220-110-360 Penalties. (1) Any person that commences any activity subject to RCW 75.20.100, 75.20.103, or 75.20.160 without having first obtained an HPA from the department, or any person that fails to comply with any of the requirements or provisions of an HPA, is guilty of a gross misdemeanor. (2) The department may impose a civil penalty of up to one hundred dollars per day for a violation or continuing violation of RCW 75.20.100 or 75.20.103, or any provision or condition of an HPA. The department shall impose the civil penalty with an order in writing delivered by certified mail or personal service to the person who is penalized. The notice shall describe the violation, identify the amount of the penalty, identify how to pay the penalty, and identify informal or formal appeal rights for the person penalized. If the violation is an ongoing violation, the penalty shall accrue for each additional day of violation. For ongoing violations, the civil penalty may continue to accrue during any appeal process unless the accrual is stayed in writing by the department. (3) If not timely appealed under WAC 220-110-340 or 220-110-350, the civil penalty order is final and unappealable. If appealed, the civil penalty becomes final upon issuance of a final order not subject to any further administrative appeal. When a civil penalty order becomes final, it is due and payable. If the civil penalty is not paid within thirty days after it becomes due and payable, the department may seek enforcement of the order pursuant to RCW 75.20.106 and 34.05.578. [Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-360, filed 11/14/94, effective 12/15/94.]