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(continued)
(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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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.]
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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. (continued)