reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-090 - Notice

Current through Register Vol. 24-14, July 15, 2024
Upon receipt of a proper petition, the director shall publish
				notice thereof in a newspaper or newspapers of general circulation in the
				county or counties in which the storage, diversion, and use is to be made, once
				a week for two consecutive weeks.
The director shall send notice thereof to the secretary,
				department of social and health services, and to the directors of the
				departments of fisheries and wildlife for the purpose of soliciting their
				comments.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-590-090, filed 6/9/88; Order DE 75-32, § 173-590-090, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-100 - Investigation

Current through Register Vol. 24-14, July 15, 2024
When a petition is received, the director shall conduct an
				investigation of the surrounding impacts of the proposed
				reservation.
Order DE 75-32, § 173-590-100, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-110 - Reservation

Current through Register Vol. 24-14, July 15, 2024
Upon review of a petition for reservation, related data and the
				results from the departmental investigation, the director shall notify the
				petitioner of action pertaining to the petition, to withdraw affected waters
				under RCW
				   90.54.050(2), or to reserve
				water(s). If reservation is deemed appropriate, the director shall take action
				to adopt a regulation or amend an existing regulation established pursuant to
				chapter 173-500 WAC to reserve water for a future public water supply for the
				general geographic area described in the petition or for a general area the
				director determines appropriate. (RCW    90.54.050 mandates the department to conduct a public hearing, prior to adoption of a
				rule to withdraw or to reserve in each county in which waters relating to the
				rule are located.)
The amount of the reservation shall be determined by the
				director and may be more or less than the amount requested in the petition. The
				total reservation amount may be prorated to specific subareas of service in the
				proposed development area. Appropriate map may be appended to
				regulation.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-590-110, filed 6/9/88; Order DE 75-32, § 173-590-110, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-120 - Compatibility with existing water resources program

Current through Register Vol. 24-14, July 15, 2024
Reservation of waters pursuant to this chapter and other
				elements of a comprehensive water resources program developed pursuant to
				chapters 173-500 through 173-562 WAC and amendments thereof shall be
				compatible.
Order DE 75-32, § 173-590-120, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-130 - Separate reservation by use

Current through Register Vol. 24-14, July 15, 2024
In situations where a given area will require significant
				quantities of water for other than community and domestic water uses, the
				reservation may identify separate quantities for each use.
Order DE 75-32, § 173-590-130, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-140 - Reservation subject to review and change

Current through Register Vol. 24-14, July 15, 2024
From time to time, any reservation established under this
				chapter shall be reviewed and, when it appears appropriate to the department in
				implementing
				RCW
				   90.54.050, modified. No change shall be made
				without consultation of interested parties. The water resource program and the
				coordinated water system plan shall be reviewed whenever new information,
				changing conditions, or statutory modifications make it necessary to consider
				revisions.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-590-140, filed 6/9/88; Order DE 75-32, § 173-590-140, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-150 - Effective date of reservation

Current through Register Vol. 24-14, July 15, 2024
The effective date of a reservation established under the
				provisions of this chapter shall be the date when a regulation pertaining to a
				specific reservation has been adopted: Provided, That the effective date for
				any additional amount of reservation pursuant to the provisions of WAC
				173-590-140 shall be the date
				when such subsequent amendments become effective.
Order DE 75-32, § 173-590-150, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-160 - Application for water rights

Current through Register Vol. 24-14, July 15, 2024
With regard to any permit issued pursuant to
				RCW
				   90.03.290 and
				90.44.060 which authorizes
				withdrawal and use of waters subject of a regulation provided for in WAC
				173-590-110 hereof, the priority
				date of said permit shall be the effective date of said
				regulation.
Order DE 75-32, § 173-590-160, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-170 - Reservation without petition - Hearings

Current through Register Vol. 24-14, July 15, 2024
Whenever it appears necessary, the director may reserve and set
				aside waters for beneficial utilization in the future on his own motion as
				provided under
				RCW
				   90.54.050(1). In so doing,
				prior to the adoption of such rule, the director shall conduct a public hearing
				in each county in which waters relating to such rule are
				located.
Order DE 75-32, § 173-590-170, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-180 - Appeal

Current through Register Vol. 24-14, July 15, 2024
The procedures hereof relate solely to rule-making activity of
				the department and are designed to obtain information to assist the department
				in determining when waters should be reserved as provided in
				RCW
				   90.54.050. Actions conducted under this
				chapter do not relate to contested cases within the meaning of the
				Administrative Procedure Act, chapter 34.04 RCW.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-590-180, filed 6/9/88; Order DE 75-32, § 173-590-180, filed
				  3/10/76.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-590 - Procedures relating to the reservation of water for future public water supply › Section 173-590-190 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
The department of ecology shall initiate a review of the rules
				established in this chapter whenever new information, changing conditions, or
				statutory modifications make it necessary to consider
				revisions.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-590-190, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-591 - Reservation of future public water supply for Thurston County › Section 173-591-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
The purpose of this chapter is to reserve groundwaters within
				Thurston County for future public water supply.
Statutory Authority:
				  RCW
				  90.54.050(1). 86-15-029
				  (Order DE-86-16), § 173-591-010, filed
				  7/14/86.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-591 - Reservation of future public water supply for Thurston County › Section 173-591-020 - Authority

Current through Register Vol. 24-14, July 15, 2024
This regulation is adopted pursuant to the Water Resources Act
				of 1971, chapter 90.54
				RCW and chapter 173-590 WAC.
Statutory Authority:
				  RCW
				  90.54.050(1). 86-15-029
				  (Order DE-86-16), § 173-591-020, filed
				  7/14/86.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-591 - Reservation of future public water supply for Thurston County › Section 173-591-030 - General

Current through Register Vol. 24-14, July 15, 2024
(1) These rules
			 shall apply to groundwaters in Thurston County, as defined in WAC
			 173-591-040 and
			 173-591-070(4),
			 as specified in Figure II-2 of the coordinated water system plan for Thurston
			 County, dated May 1982, as approved by the department of social and health
			 services for the purposes of reserving groundwaters for future public supply,
			 and as shown as the reservation source of supply subareas on the Thurston
			 County reservation source of supply subarea boundary map in WAC
			 173-591-130, Illus. 2.
(2) The reservation adopted under this
			 chapter will be for the specific geographical area so named the "reservation
			 boundaries" as shown in Figure II-1 of the coordinated water supply plan for
			 Thurston County, dated May 1982, as approved by the department of social and
			 health services for the purposes of reserving groundwaters for future public
			 water supply, and shown on the Thurston County reservation area boundary map in
			 WAC 173-591-130, Illus. 1.
(3) Appropriation of reserved waters under
			 this chapter shall be in accordance with the intent and procedures set forth in
			 chapters
			 90.03 and
			 90.44 RCW and chapter 173-513 WAC
			 Instream resources protection program -- Deschutes River Basin, Water Resource
			 Inventory Area (WRIA) 13 (adopted 6/24/80) and chapter 173-511 WAC Instream
			 resources protection program -- Nisqually River Basin, Water Resource Inventory
			 Area (WRIA) 11 (adopted 2/2/81) and chapter 173-514 WAC Instream resources
			 protection program -- Kennedy-Goldsborough Water Resource Inventory Area (WRIA
			 14) (adopted 1/23/84).
Statutory Authority:
				  RCW
				  90.54.050(1). 86-15-029
				  (Order DE-86-16), § 173-591-030, filed
				  7/14/86.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-591 - Reservation of future public water supply for Thurston County › Section 173-591-040 - Reservation area defined

Current through Register Vol. 24-14, July 15, 2024
"Thurston County reservation area" and "Thurston County
				reservation source of supply area" shall mean those lands lying within Thurston
				County described as follows:
Location
Township
Range
Sections
Reservation Area
16N
3W
1-3, 10-12
16N
2W
1-12
16N
1W
4-9
17N
3W
1, 2, 3 (portion), 10-15, 22-27, 34-36
17N
2W
1-36
17N
1W
1-21, 27 (portion), 28-33
17N
1E
6, 7, portions of 3, 8, 18
18N
3W
1-4, 9-16, 21 (portion), 22 (portion), 23-25,
							 36
18N
1W
1-36
18N
1E
6, 7, 17-20, 29-32,
portions of 5, 8, 16, 28
19N
3W
12, 13, 23-28, 33-36, (portions in Thurston
							 County)
19N
2W
portion in Thurston County
19N
1W
portion in Thurston County
19N
1E
portion in Thurston County
Reservation Source of Supply Area
Airport
17N
2W
3, 10-15, 22-24 & portions of 9, 16, 21 east of
							 Interstate 5
18N
2W
34
Allison Springs
18N
2W
18
Black Lake
17N
2W
4-8, 17-20, 29-31 & portions of 9, 16, 21, 18
							 & 33 west of Interstate 5
18N
2W
31-33
Deschutes Valley
17N
18N
2W
2W
12
25, 26, 35, 36
Hawks Prairie
18N
1W
1-8 & portions of 9-12 north of Interstate
							 5
19N
1W
25-36
18N
1E
portion of 6 west of Nisqually River
19N
1E
portions of 30 & 31 west of Nisqually
							 River
McAllister Springs
18N
1E
19
Mottman Industrial
Park
18N
2W
27-29
Southeast
17N
18N
1W
1W
2-11, 14-23
19-21, 28-34
Statutory Authority:
				  RCW
				  90.54.050(1). 86-15-029
				  (Order DE-86-16), § 173-591-040, filed
				  7/14/86.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-591 - Reservation of future public water supply for Thurston County › Section 173-591-050 - Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purpose of this chapter the following definitions shall
				be used:
(1) "Community water use"
			 means use of water associated with needs of a community including street
			 cleaning, parks, public buildings, public swimming pools, firefighting, and
			 attendant commercial, industrial and irrigation uses.
(2) "Director" means the director of the
			 state of Washington department of ecology or the director's authorized
			 representative.
(3) "Department"
			 means the department of ecology unless otherwise specified.
(4) "Domestic water use" means use of water
			 associated with human health and welfare requirements, including water used for
			 drinking, bathing, sanitary purposes, cooking, laundering, irrigation of not
			 over one-half acre of lawn or garden per dwelling, and other incidental
			 household uses.
(5) "Commercial
			 and/or industrial use" means use of water associated with commercial and/or
			 industrial requirements such as service, processing, cooling and
			 conveying.
(6) "Public water
			 supply" means any water supply intended or used for human consumption and
			 community uses for more than one single-family residence.
(7) "Public water supply system" means a set
			 of facilities including source, treatment, storage, transmission and
			 distribution facilities whereby water is furnished to any municipality,
			 community, collection, or number of individuals for human consumption and
			 community uses.
(8) "Coordinated
			 water system plan" means a plan adopted by utilities covering one or more
			 public water supply system(s), which identifies present and future needs of
			 participating water systems and sets forth means for meeting those needs in the
			 most efficient manner possible.
(9)
			 "Reservation" means an allocation of water for a future beneficial use with the
			 priority established as of the date when the reservation becomes
			 effective.
(10) "Appropriation"
			 means the process of legally acquiring the right to specific amounts of the
			 public water resource for application to beneficial uses pursuant to
			 RCW
			    90.03.250 through
			 90.03.340 and
			 90.44.060.
(11) "Person" means any individual,
			 municipal, public, or private corporation, or other entity, including a federal
			 or state agency or county which operates a public water supply system or who
			 contemplates such an operation.
Statutory Authority:
				  RCW
				  90.54.050(1). 86-15-029
				  (Order DE-86-16), § 173-591-050, filed
				  7/14/86.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-591 - Reservation of future public water supply for Thurston County › Section 173-591-060 - Petition received - Notice

Current through Register Vol. 24-14, July 15, 2024
A petition requesting the reservation of groundwaters in
				Thurston County pursuant to chapter 173-590 WAC, and a coordinated water system
				plan approved by the secretary of the department of social and health services
				were received and accepted by the department. Notice of the receipt of proper
				petition was published in a newspaper of general circulation in Thurston County
				for two consecutive weeks, and the director sent notice thereof to the
				directors of the departments of fisheries, wildlife, and social and health
				services for the purpose of soliciting their comments.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-591-060, filed 6/9/88. Statutory Authority:
				  RCW
				     90.54.050(1). 86-15-029
				  (Order DE-86-16), § 173-591-060, filed
				  7/14/86.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-591 - Reservation of future public water supply for Thurston County › Section 173-591-080 - Future nonpublic water supply - Policy uses

Current through Register Vol. 24-14, July 15, 2024
If applications are made for the use of the groundwater
				reserved in WAC
				173-591-070(2) for purposes other than public water supplies, as defined in WAC
				173-591-050(6) and
				(7), the director may issue a permit allowing
				such uses but these uses shall be junior in priority to all rights issued
				pursuant to WAC
				173-591-070. Interim uses
				authorized in this section may be reduced or curtailed in right when necessary
				to allow to full utilization of higher priority rights established in WAC
				173-591-070. The department may
				limit or otherwise condition junior water rights permits as necessary to ensure
				availability of the reserved groundwaters for public water supply purposes
				consistent with this chapter.
Statutory Authority:
				  RCW
				  90.54.050(1). 86-15-029
				  (Order DE-86-16), § 173-591-080, filed
				  7/14/86.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-591 - Reservation of future public water supply for Thurston County › Section 173-591-090 - Monitoring program

Current through Register Vol. 24-14, July 15, 2024
(1) The
			 department, in cooperation with local government agencies, shall implement a
			 comprehensive monitoring program, the purpose of which is to maintain accurate
			 information on the quality and quantity of groundwater reserved in WAC
			 173-591-070(2).
(2) Under this monitoring program surface and
			 groundwater levels will be periodically recorded as well as the levels of any
			 lakes that are maintained by groundwaters.
Statutory Authority:
				  RCW
				  90.54.050(1). 86-15-029
				  (Order DE-86-16), § 173-591-090, filed
				  7/14/86.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-591 - Reservation of future public water supply for Thurston County › Section 173-591-100 - Water quality

Current through Register Vol. 24-14, July 15, 2024
As a general rule, an element of a groundwater right is the
				right to use waters of quality appropriate to the beneficial use. In addition
				to the protection of the availability of groundwater to the water withdrawal
				facilities of groundwater right holders, it shall be the policy of the
				department to protect the quality of the groundwaters of the state and in
				relation thereto to discourage any withdrawal facilities, construction methods,
				water use, or disposal practices which would contaminate or otherwise reduce
				the quality of the groundwaters or impair the beneficial uses of groundwaters
				of the state. Local governments with land use authority are urged to exercise
				their authorities in such a manner as to protect the quality of the public
				groundwaters reserved for future public water supply by this
				chapter.
Statutory Authority:
				  RCW
				  90.54.050(1). 86-15-029
				  (Order DE-86-16), § 173-591-100, filed
				  7/14/86.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-591 - Reservation of future public water supply for Thurston County › Section 173-591-110 - Exemptions

Current through Register Vol. 24-14, July 15, 2024
Wells for single family domestic, stock watering, or other
				purposes for which the withdrawal is less than 5,000 gallons per day, with
				priority dates subsequent to the effective date of this regulation, shall be
				junior to rights issued pursuant to WAC
				173-591-070. The quantities of
				water withdrawn by such wells will not be subtracted from the waters reserved
				by this regulation.
Statutory Authority:
				  RCW
				  90.54.050(1). 86-15-029
				  (Order DE-86-16), § 173-591-110, filed
				  7/14/86.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-591 - Reservation of future public water supply for Thurston County › Section 173-591-115 - Appeals

Current through Register Vol. 24-14, July 15, 2024
All final written decisions of the department of ecology
				pertaining to permits, regulatory orders, and related decisions made pursuant
				to this chapter shall be subject to review by the pollution control hearings
				board in accordance with chapter 43.21B RCW.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-591-115, filed 6/9/88.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-591 - Reservation of future public water supply for Thurston County › Section 173-591-120 - Regulation review

Current through Register Vol. 24-14, July 15, 2024
The department of ecology shall initiate a review of the rules
				established in this chapter whenever new information, changing conditions, or
				statutory modifications make it necessary to consider
				revisions.
Statutory Authority: Chapters 43.21B, 43.27A, 90.22 and
				  90.54 RCW. 88-13-037 (Order 88-11),
				  § 173-591-120, filed 6/9/88. Statutory Authority:
				  RCW
				     90.54.050(1). 86-15-029
				  (Order DE-86-16), § 173-591-120, filed
				  7/14/86.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-591 - Reservation of future public water supply for Thurston County › Section 173-591-130 - Reservation boundary maps

Current through Register Vol. 24-14, July 15, 2024
Thurston County reservation area and reservation source of
				supply subareas shall include those lands that lie within the heavy outline on
				the following maps:
THURSTON COUNTY RESERVATION AREA BOUNDARY MAP
Click to view
							 image
THURSTON COUNTY RESERVATION AREA BOUNDARY MAP
WAC
							 173-591-130
ILLUSTRATION 1
THURSTON COUNTY RESERVATION SOURCE OF SUPPLY SUBAREAS BOUNDARY
				MAP
Click to view
							 image
THURSTON COUNTY RESERVATION SOURCE OF SUPPLY SUBAREAS
							 BOUNDARY MAP
WAC
							 173-591-130
ILLUSTRATION 2
Statutory Authority:
				  RCW
				  90.54.050(1). 86-15-029
				  (Order DE-86-16), § 173-591-130, filed
				  7/14/86.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part I - OVERVIEW › Section 173-700-100 - Background and purpose

Current through Register Vol. 24-14, July 15, 2024
(1) The
				Wetlands Mitigation Banking Act, chapter 90.84 RCW, identifies wetland
				mitigation banking (banks) as an important regulatory tool for providing
				compensatory mitigation for unavoidable impacts to wetlands and declares it the
				policy of the state to support banking. The act directs the department of
				ecology (department) to adopt rules establishing a statewide process for
				certifying banks.
(2) The
				department anticipates that banks will provide compensatory mitigation in
				advance of unavoidable impacts to wetlands and will consolidate compensatory
				mitigation into larger contiguous areas for regionally significant ecological
				benefits.
(3) Banks prioritize
				restoration of wetland functions and as such should be complementary to the
				restoration of ecosystems and ecosystem processes as identified in state or
				locally adopted science-based watershed management plans.
(4) The purpose of this chapter is to
				encourage banking by providing an efficient, predictable statewide framework
				for the certification and operation of environmentally sound banks. This
				chapter sets out to accomplish the following:
(a) Provide timely review of bank
				proposals;
(b) Establish
				coordination among state, local, tribal, and federal agencies involved in the
				certification of banks;
(c) Ensure
				consistency with existing federal mitigation rules; and
(d) Provide incentives to encourage bank
				sponsors (sponsors) to locate and design banks that provide the greatest
				ecological benefits.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part I - OVERVIEW › Section 173-700-101 - Applicability

Current through Register Vol. 24-14, July 15, 2024
(1) This chapter
				applies to private and public banks established under chapter 90.84
				RCW.
(2) All mitigation banking
				instruments (instruments) approved on or after the effective date of this rule,
				must meet the requirements of this chapter.
(3) Instruments approved prior to the
				effective date of this rule, are grandfathered and may continue to operate
				under the terms of their existing instruments;
(4) Instruments modified on or after the
				effective date of this rule, must be consistent with the terms of this chapter.
				Modifications include but are not limited to:
(a) Addition of sites under an umbrella
				instrument;
(b) Expansion of an
				existing site; or
(c) Addition of a
				different resource currency (e.g., flood storage credits).
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part I - OVERVIEW › Section 173-700-102 - Applicability to tribal banks

Current through Register Vol. 24-14, July 15, 2024
(1) For
				proposed tribal banks which are located exclusively in Indian Country, the
				following section applies:
(a) If the tribal
				bank has been approved by the U.S. Army Corps of Engineers (Corps) under
				existing federal rules, the bank will be deemed state certified, solely to
				allow the use of credits for projects under state jurisdiction, provided that:
(i) The department was a member of the IRT
				for the proposed bank;
(ii) Any
				concerns raised by the department, through the IRT process, have been resolved
				to the department's satisfaction; and
(iii) The department has notified the Corps
				in writing that it concurs with their approval of the bank.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part I - OVERVIEW › Section 173-700-103 - Public records

Current through Register Vol. 24-14, July 15, 2024
The department must make available for public
				  inspection:
(1) The
				prospectus;
(2) The final
				instrument;
(3) Other supporting
				materials; and
(4) The comments
				received by the department during the public notice period(s).
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-103, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-200 - How do other laws and rules relate to banks?

Current through Register Vol. 24-14, July 15, 2024
(1) Banks certified under this chapter must
				be consistent with existing federal, state, and local laws and rules and treaty
				rights which relate to the establishment of a bank.
(2) Certification of a bank does not serve as
				authorization for other federal, state, or local permits or
				approvals.
(3) Interagency review
				team (IRT) members shall advise the sponsor of pertinent federal, state, or
				local rules that may apply to a specific bank proposal and that may delay the
				certification process.
(4) The
				sponsor is responsible for obtaining all required federal, state, and local
				permits and approvals for the construction and establishment of the
				bank.
(5) The sponsor is strongly
				encouraged to coordinate with the local jurisdiction(s) early in the
				development of their proposal. Each local jurisdiction has its own local
				permitting process and there is not a standard sequence for integrating with
				the bank certification process.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-200, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-201 - Decision-making procedure

Current through Register Vol. 24-14, July 15, 2024
(1) All
				decisions made by the department must fully consider IRT, tribal, and public
				comments submitted to the department as part of the certification evaluation
				process.
(2) The department shall
				strive to achieve consensus with the IRT on the terms and conditions of the
				instrument.
(3) If the department
				determines that consensus cannot otherwise be reached on any term, condition,
				or procedural element of the instrument within a reasonable time frame, the
				department shall be responsible for making the final decisions.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-201, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-210 - Purpose of the prospectus

Current through Register Vol. 24-14, July 15, 2024
(1) The
				purpose of the prospectus is to provide a conceptual plan for a bank
				project.
(2) The department uses
				the prospectus to notify the public, tribes, and the local government of the
				proposed bank project.
(3) The
				prospectus initiates dialogue between the department, sponsor, and IRT members
				on a proposed bank project.
(4) The
				department uses the prospectus and comments received during the public notice
				period to make an initial determination on whether there are critical issues
				that may affect the ability of the bank to be certified.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-210, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-211 - Content of the prospectus

Current through Register Vol. 24-14, July 15, 2024
At a minimum, the prospectus must contain information on the
				  following elements:
(1) The goals and
				objectives of the project;
(2)
				Location including city or county, proximity to existing roads and other
				landmarks, and a vicinity map showing location of the proposed
				site(s);
(3) A statement of how the
				bank meets any watershed restoration needs and how its design and location are
				ecologically appropriate;
(4) The
				rationale for site selection addressing the considerations listed in WAC
				173-700-303;
(5) The general need for the proposed bank
				project;
(6) General site map(s)
				that includes, but is not limited to:
(a)
				Total area of site;
(b) Location,
				size, and number of existing wetlands;
(c) Location of all streams, ponds, and other
				water features on or adjacent to the site;
(d) Location and type of all known water
				control features on or adjacent to the site; and
(e) Presence of rights of way, easements, or
				other encumbrances.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-212 - Submittal of the prospectus

Current through Register Vol. 24-14, July 15, 2024
(1) The
				sponsor must submit a complete electronic and a hard copy of the prospectus to
				the department.
(2) A prospectus
				must contain all of the information identified in WAC
				173-700-211 to be
				complete.
(3) When the department
				receives a prospectus, it will notify affected tribes and the local
				jurisdiction's planning department where the bank site is located.
(4) The department will notify the sponsor in
				writing within thirty days of receipt of a prospectus whether or not the
				document is complete.
(5) If the
				department determines that the prospectus is not complete, the department shall
				identify any additional information necessary to complete the
				prospectus.
(6) Within thirty days
				after the department notifies the sponsor that the prospectus is complete, it
				shall provide public notice of the prospectus, as specified in WAC
				173-700-240 and
				173-700-241.
(7) At the beginning of the comment period,
				the department will ask appropriate agencies and affected tribes to provide
				written comments on the prospectus. The comments should address, but are not
				limited to:
(a) Any technical and ecological
				concerns regarding the prospectus;
(b) Potential conflicts with existing rules
				and ordinances; and
(c) Any
				critical issues that the sponsor needs to address prior to moving forward to
				developing the draft instrument.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-220 - Convening the interagency review team

Current through Register Vol. 24-14, July 15, 2024
(1) If the department determines that the
				proposed bank may proceed with preparation of the draft instrument, the
				department shall invite representatives from the appropriate federal and state
				regulatory and resource agencies, the local jurisdiction(s) where the bank site
				is located, and affected tribes to participate on the IRT.
(2) The department shall serve as chair of
				the IRT. For bank proposals seeking federal approvals in addition to state
				certification, the U.S. Army Corps of Engineers may cochair the IRT.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-220, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-221 - Purpose of the instrument

Current through Register Vol. 24-14, July 15, 2024
(1) An
				instrument details all of the physical characteristics, legal obligations,
				operational procedures, monitoring, and maintenance requirements for a
				bank.
(2) Requirements for
				instruments may vary based on the specific conditions of the bank
				site.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-221, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-222 - Content of the instrument

Current through Register Vol. 24-14, July 15, 2024
The minimum technical elements required in the instrument
				  are:
(1) The goals and objectives of
				the project;
(2) Site location
				including city or county, proximity to existing roads and other landmarks, and
				a vicinity map showing location of the proposed site(s);
(3) A description of existing conditions of
				the proposed site(s) including, but not limited to:
(a) Local land use or zoning
				designation;
(b) Current
				uses;
(c) Presence of liens, rights
				of way, easements, or other encumbrances;
(d) The landscape position of the site
				including WRIA, basin, and subbasin location;
(e) Wetland types present on the site
				including Cowardin classification and HGM class of each wetland;
(f) Other habitat types present;
(g) Technical information on wetland
				delineations, soil types, vegetation, and water sources, including surface
				water features and groundwater information;
(h) An analysis of functions provided by
				on-site wetlands;
(i) Adjacent land
				uses that might affect the bank's function;
(j) Site constraints, conflicts, or known
				risks that could affect bank development or function;
(k) Identification of all buildings,
				structures, and other built features that would remain on the site after
				construction;
(l) Identification of
				existing mitigation sites and whether they will remain on-site after
				construction; and
(m) Detailed site
				map(s) that includes, but is not limited to:
(i) Total area of site;
(ii) Location, delineated boundaries, size,
				and number of existing wetlands;
(iii) Location of all streams, ponds, and
				other water features on and adjacent to the site;
(iv) Location and type of all known water
				control features on and adjacent to the site; and
(v) Presence of rights of way, easements, or
				other encumbrances.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-223 - Preliminary review of the technical elements of the draft instrument

Current through Register Vol. 24-14, July 15, 2024
Prior to submitting the draft instrument, the sponsor may
				  elect to have meetings with the IRT to discuss technical elements of their
				  proposal. This preliminary review is optional, but is strongly recommended. It
				  is intended to identify potential issues early, so the sponsor may attempt to
				  address those issues prior to the start of the formal draft instrument review
				  process.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-223, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-224 - Submittal of the draft instrument

Current through Register Vol. 24-14, July 15, 2024
(1) If the sponsor chooses to proceed with
				the certification process, they must prepare a draft instrument and submit an
				electronic and hard copy to the department.
(2) The sponsor must develop the instrument
				using feedback from the department, the IRT, and comments received during the
				prospectus phase.
(3) The draft
				instrument must contain all of the information identified in WAC
				173-700-222 to be
				complete.
(4) After receiving the
				draft instrument, the department shall determine whether the instrument is
				complete and notify the sponsor within thirty days. If the draft instrument is
				not complete, the department shall notify the sponsor in writing of its
				determination and identify any additional information that is necessary to
				complete the instrument. Once a modified draft instrument is submitted, the
				department must notify the sponsor as soon as it determines that the draft
				instrument is complete.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-224, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-225 - Review of the draft instrument

Current through Register Vol. 24-14, July 15, 2024
(1) Upon receipt of notification by the
				department that the draft instrument is complete, the sponsor must provide an
				electronic and a hard copy of the complete draft instrument to each member of
				the IRT.
(2) The IRT will have
				thirty days to comment on the draft instrument to the department. The
				thirty-day comment period begins five days after the department receives its
				copy of the complete draft instrument as described in subsection (1) of this
				section.
(3) Following the comment
				period, the department will discuss any comments with the appropriate agencies
				and the sponsor. The department will:
(a)
				Notify the sponsor of the recommendations and comments received from the
				IRT;
(b) Identify any additional
				information that the sponsor must submit; and
(c) Identify additional terms and conditions
				required as part of the certification.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-230 - Submittal of the final instrument

Current through Register Vol. 24-14, July 15, 2024
(1) The sponsor shall submit a final
				instrument to all members of the IRT in electronic and hard copy format for
				approval by the department.
(2) The
				final instrument must contain the items listed in WAC
				173-700-222, in addition to other
				supporting information as required by the department. This supporting
				information may include, but is not limited to:
(a) An explanation of how the final
				instrument addresses the comments provided by the department and the
				IRT;
(b) Financial assurance
				documents;
(c) Legal mechanisms for
				the permanent protection of the bank site; and
(d) Hydrologic and other ecological
				studies.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-231 - Signatories of the instrument

Current through Register Vol. 24-14, July 15, 2024
An instrument must contain signatures from the department,
				  the local jurisdiction(s), and the sponsor for certification to be
				  complete.
(1) Signature on the
				instrument shall indicate that entity's concurrence with the terms and
				conditions of the instrument.
(2)
				No agency, except for the department and the local jurisdiction(s), is required
				to sign an instrument in order for certification to be complete.
(3) IRT member agencies and tribes are
				encouraged to sign the instrument.
Statutory Authority: Chapter 90.84 RCW. 09-19-013 (Order
					 04-13), § 173-700-231, filed 9/3/09, effective
					 10/4/09.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-232 - Dispute resolution process

Current through Register Vol. 24-14, July 15, 2024
An IRT member(s) who has concerns with a particular decision
				  or element of an instrument shall submit the concern and accompanying rationale
				  in writing to the chair(s) of the IRT within fifteen days of the decision. The
				  following dispute resolution process for resolving concerns shall be
				  used:
(1) The chair(s) of the IRT
				shall outline the majority position on the area of concern and shall work with
				the IRT member(s) to develop potential solutions to those concerns.
(2) The department shall make every effort to
				resolve concerns within the IRT before the conflict is elevated to the program
				manager of the department's shorelands and environmental assistance
				program.
(3) In the event that the
				IRT is still unable to reach consensus, within thirty days of receipt of the
				concern by the department, the IRT member with the concern may request, through
				written notification, that the department's program management review the
				issue. The written notification must be directed to the program manager of the
				shorelands and environmental assistance program or the program manager's
				designee. Such a notification must include:
(a) A detailed description of the issue;
				and
(b) Recommendations for
				resolution.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-233 - Review timelines

Current through Register Vol. 24-14, July 15, 2024
(1)
				When additional information or changes to documents are requested by the
				department, the review timelines shall stop until the requested information is
				received. If the requested information is not received by the department within
				one hundred eighty days, the department has the option of canceling the
				certification process. If the certification process is canceled, the sponsor
				may apply to restart the certification process.
(2) The timelines in WAC
				173-700-212,
				173-700-225, and
				173-700-230 may be extended by
				the department at its sole discretion in cases where:
(a) It is necessary to conduct
				government-to-government consultation with affected tribes;
(b) Timely submittal of information necessary
				for the review of the proposed bank is not accomplished by the
				sponsor;
(c) Information that is
				essential to the department's decision cannot be reasonably obtained within the
				specified time frame; or
(d) Other
				permits or authorizations needed for certification cannot be completed within
				the specified time frame.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-240 - Public notices

Current through Register Vol. 24-14, July 15, 2024
(1) It is the
				department's goal to ensure that accurate information on the prospectus and the
				proposed bank certification is made available to the public, and to avoid
				duplicative processes for public comment.
(a)
				When an existing public notice process is available to solicit public comment,
				the department shall strive to provide a joint public notice.
(b) When an existing public notice process is
				not available, the department shall issue a public notice.
Washington Administrative Code › Title 173 - Ecology, Department of (See also Titles 197, 317, 372, and 508) › Chapter 173-700 - Wetland mitigation banks › Part II - CERTIFICATION PROCESS › Section 173-700-241 - Notification on the prospectus and proposed certification

Current through Register Vol. 24-14, July 15, 2024
At a minimum, the department shall notify the following
				  entities:
(1) The local
				jurisdiction(s) where the bank site is located;
(2) Affected tribes located within the
				proposed service area;
(3) The
				latest recorded real property owners, as shown by the records of the county
				treasurer, located within:
(a) Three hundred
				feet of the contiguous boundaries of the proposed bank property; or
(b) The distance from the property boundary
				as specified in local regulations.