reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-650 - Ballast water › Section 220-650-070 - Interim open sea exchange requirements

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
Until otherwise
				required to meet performance standards under WAC
				220-650-090
				and prior to discharging ballast water into Washington waters, vessel owners or
				operators must exchange their ballast water to meet or exceed state interim
				open sea exchange requirements or use an approved exchange alternative. An open
				sea exchange is intended to reduce the number of higher risk coastal organisms
				in a ballast tank by replacing them with open sea organisms that are less
				likely to invade waters of the state, and by changing the salinity and other
				ambient water conditions to further reduce populations of remaining coastal
				species. Vessel owners or operators who do not discharge ballast water into
				waters of the state are exempt from this section but must continue to meet the
				reporting and other requirements under WAC
				220-650-030.
(2)
Open sea exchange
				methodology.
(a) In general. An open
				sea exchange must result in an efficiency of at least ninety-five percent
				volumetric exchange of the total ballast water capacity for each tank. An open
				sea exchange requires using either an empty/refill method or a flow through
				method.
(b) Empty/refill exchange.
				Preferred - this type of exchange requires, for each ballast tank that contains
				ballast water to be discharged into waters of the state, at least one
				empty/refill cycle in an open sea exchange area designated by the department
				under subsection (3) of this section. Vessel owners or operators should remove
				as close to one hundred percent, but not less than ninety-five percent, of the
				ballast water as is safe to do so. If this is not possible, then perform a flow
				through exchange under (c) of this subsection.
(c) Flow through exchange. This type of
				exchange requires, for each ballast tank that contains ballast water to be
				discharged into waters of the state, pumping or otherwise forcing a minimum of
				three times the total ballast tank capacity's volume in an open sea exchange
				area designated by the department under subsection (3) of this section. For
				example, a ballast tank with a one thousand cubic meter capacity, regardless of
				actual ballast water in the tank, would require pumping three thousand cubic
				meters of open sea water through the tank. In all flow through exchange
				operations, open sea water must be pumped into the bottom and discharged out
				the top of the tank. Where department evaluation determines more flow through
				volume is required to meet the ninety-five percent exchange requirements, a
				compliance plan or alternative strategy may be required under WAC
				220-650-060.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-650 - Ballast water › Section 220-650-080 - Interim open sea exchange alternative

Current through Register Vol. 24-14, July 15, 2024
(1)
In general.
For purposes of
				this section, a vessel owner or operator may use an exchange alternative
				instead of conducting an open sea exchange, except for Columbia River ports
				unless specifically approved, provided:
(a)
				The vessel owner or operator is not otherwise required to meet discharge
				performance standards under WAC
				220-650-090;
				and
(b) The exchange alternative
				meets or exceeds the standards provided under Regulation D-2 of the
				International Convention for the Control and Management of Ships' Ballast Water
				and Sediment as signed on February 13, 2004.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-650 - Ballast water › Section 220-650-090 - Treatment requirements (Recodified)

Current through Register Vol. 24-14, July 15, 2024
Statutory Authority:
					 RCW
					 77.12.047,
					 77.120.030,
					 77.120.040, and
					 77.120.070. 09-14-052 (Order
					 09-110), §
											220-150-050, filed 6/25/09,
					 effective 7/26/09.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-650 - Ballast water › Section 220-650-100 - Treatment notification and promising treatment waiver process

Current through Register Vol. 24-14, July 15, 2024
(1) This section
				implements
				RCW
				77.120.040(5)(a). All
				vessels using treatment technologies designed to meet state ballast water
				discharge performance standards are required to notify the department prior to
				or within thirty days of their first use in waters of the state. A prior
				notification is preferred to assess compliance with state regulations in using
				treatment technology to meet discharge performance standards and to assist
				vessel owners or operators in avoiding the discharge of ballast water that does
				not meet those standards or that poses other potential violations. It is the
				responsibility of the vessel owner or operator to show that the installed
				equipment meets state discharge performance standards. Vessel owners or
				operators wishing to use treatment technology that does not meet state
				standards may apply for a waiver to use the technology as promising technology
				under subsection (3) of this section.
(2)
Notification.
Vessel owners
				or operators using treatment technology must file a signed notification form,
				as provided by the department, stating that their vessel meets state discharge
				performance standards under WAC
				220-650-090.
				A single notification form may cover multiple vessels under the authority of a
				single vessel owner or operator. The form must include the minimum content as
				required in subsection (4) of this section.
(3)
Waiver for promising treatment
				technology use.
(a) In general. Vessel
				owners or operators using promising treatment technology do not need to file a
				notification, but they must apply for a waiver to the interim open sea exchange
				requirements under WAC
				220-650-070.
(b) Criteria. The form must include the
				minimum content as required in subsection (4) of this section and be received
				by the department at least forty-five days prior to entering waters of the
				state. In addition, promising technology must meet one or more of the following
				criteria:
(i) The same manufacturer's
				treatment technology is being tested on a vessel that is enrolled in the USCG
				Shipboard Technology Evaluation Program (STEP), United States Environmental
				Protection Agency Environmental Technology Verification (ETV) program, or other
				department-recognized regional or national program;
(ii) The technology is approved as promising
				technology or a similar classification by the state of California, Oregon,
				Hawaii, or Alaska for use in their state waters; or
(iii) The technology is being actively
				evaluated under the IMO final approval process.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-650 - Ballast water › Section 220-650-110 - Ballast tank sediment

Current through Register Vol. 24-14, July 15, 2024
(1) A vessel
				owner or operator may not remove or discharge sediment or tank fouling
				organisms into waters of the state from spaces carrying ballast water unless
				that sediment or those organisms are discharged solely in the location from
				which they originated. Sediment is known to contain nonindigenous species that
				are otherwise missed during open sea exchange and operations that would
				otherwise meet ballast water discharge performance standards. These rules
				implement
				RCW
				77.120.020(1)(b) and the
				overall authority under
				RCW
				77.120.030(3) and
				77.120.040(5)
				to set standards by rule that provide a minimal risk of introducing
				nonindigenous species into the waters of the state.
(2)
Ballast tank sediment removal
				options.
(a) In general. Three options
				are provided for the effective removal of sediment and any fouling organisms in
				a vessel's ballast tanks, including saltwater flushing, upland disposal, or use
				of an approved reception facility.
(b) Saltwater flushing. Ballast tanks must be
				cleaned as necessary in open sea exchange areas consistent with WAC
				220-650-070(3)
				voyage requirements unless common water rules apply under WAC
				220-650-070(4)
				except for ballast-related fouling organisms. Sediment may be removed by
				saltwater flushing of ballast water tanks by:
(i) Adding open sea water to a ballast water
				tank that contains residual quantities of ballast waters;
(ii) Mixing the open sea water with the
				residual ballast water and sediment in the tank through the motion of a vessel
				or alternative means so that the sediment becomes suspended; and
(iii) Discharging the mixed water so that the
				salinity of the resulting residual ballast water in the tank exceeds thirty
				parts per thousand.
(c)
				Upland disposal. Tank sediment and fouling organisms may be removed from the
				vessel under controlled arrangements in port or in drydock, and disposed of in
				accordance with local, state, and federal law.
(d) Sediment reception facilities. The
				department, in consultation with the department of ecology, will adopt
				department policies as necessary for sediment reception facilities. These
				facilities must be approved by the department for use and provide for the
				disposal of such sediment in a way that effectively eliminates the risk of
				nonindigenous species and does not impair or damage the environment, human
				health, property, or resources of the disposal area.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-650 - Ballast water › Section 220-650-120 - Penalties and enforcement

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
The department may issue a verbal warning, notice of
				correction, or notice of civil penalty up to twenty-seven thousand five hundred
				dollars for each day of a continuing violation of the requirements of ballast
				water management regulations pursuant to
				RCW
				77.120.070. Each and every such violation
				will be a separate and distinct violation. The department may also seek
				criminal penalties where warranted.
(2)
Notice of correction.
(a) In general. If, in the course of carrying
				out their duties under chapter 77.120 RCW or this chapter, a department
				employee becomes aware that a vessel owner or operator is not in compliance
				with applicable laws and rules enforced by the department, the department may
				issue a notice of correction as provided in
				RCW
				43.05.100 to the vessel owner or
				operator.
(b) Content. A notice of
				correction, at a minimum, will include:
(i) A
				description of the condition that is not in compliance, and the text of the
				specific section or subsection of the applicable state law or rule;
(ii) A statement of what is required to
				achieve compliance;
(iii) The date
				and time by which the department requires compliance to be achieved;
(iv) Notice of the means to contact any
				technical assistance services provided by the department; and
(v) A description of when, where, and from
				whom to request an extension of time to achieve compliance for good
				cause.
(c) Context. A
				notice of correction is not a formal enforcement action, is not subject to
				appeal, and is a public record.
(d)
				Compliance. If the department issues a notice of correction, it shall not issue
				a civil penalty for the violations identified in the notice of correction
				unless the responsible party fails to comply with the notice.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-010 - Purpose

Current through Register Vol. 24-14, July 15, 2024
A hydraulic project is the construction or performance of
				  work that will use, divert, obstruct, or change the natural flow or bed of any
				  of the salt or fresh waters of the state. Unless otherwise provided, any person
				  who wants to conduct a hydraulic project must get a construction permit called
				  the hydraulic project approval (HPA) from the department. The purpose of the
				  HPA is to ensure that construction or performance of work is done in a manner
				  that protects fish life. This chapter establishes the rules for the
				  department's HPA authority (chapter 77.55 RCW).
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-020 - Instructions for using chapter 220-660 WAC

Current through Register Vol. 24-14, July 15, 2024
The technical provisions in WAC
				  220-660-090 through
				  220-660-460 represent common
				  provisions for the protection of fish life for typical projects proposed to the
				  department. Implementing these provisions is necessary to minimize
				  project-specific and cumulative impacts to fish life. These provisions reflect
				  the current and best science, technology, and construction practices related to
				  the protection of fish life. The department will incorporate new science and
				  technology as it becomes available, and will allow alternative practices that
				  provide equal or greater protection for fish life.
The technical provisions will apply to a hydraulic project
				  when included as provisions on the HPA. The department will review each
				  application on an individual basis. Common technical provisions applicable to a
				  specific project may be modified or deleted by the department pursuant to WAC
				  220-660-070. HPAs may also have
				  special provisions to address project-specific or site-specific considerations
				  not adequately addressed by the common technical provisions. All hydraulic
				  projects must also meet the applicable mitigation requirements in WAC
				  220-660-080.
In addition to the rules in this chapter, the department has
				  developed guidance to help applicants. This guidance reflects the department's
				  experience and expertise with various types of hydraulic projects. Following
				  the guidance will help ensure that a hydraulic project adequately protects fish
				  life and will speed the department's review and decision process. All guidance
				  documents are available on the department's web site.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-050 - Procedures-Hydraulic project approvals

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
(a) There are six
				categories of HPAs: Standard, emergency, imminent danger, chronic danger,
				expedited, and pamphlet. These categories are discussed in more detail
				throughout this section. Most HPAs issued by the department are standard HPAs.
				Guidance for applying for an HPA is provided on the department's
				website.
(b) HPAs do not exempt a
				person from obtaining other necessary permits and following the rules and
				regulations of local, federal, and other Washington state agencies.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-060 - Integration of hydraulic project approvals and forest practices applications

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
(a) In 1999, the
Forests and Fish Report
and Engrossed Substitute House Bill
				2091, which amended the Forest Practices Act,
				chapter
				76.09 RCW, envisioned a
				more integrated approach to permitting hydraulic projects that also require
				forest practices applications (FPAs). In May 2001, the forest practices board
				adopted permanent forest practices rules in Title 222 WAC, which incorporated
				fish protection measures normally included in hydraulic project approvals
				(HPAs) for projects in nonfishbearing waters.
(b) In April 2012, the Washington state
				legislature, through Second Engrossed Substitute Senate Bill 6406, amended the
				Forest Practices Act in
				chapter
				76.09 RCW and the
				hydraulic code statutes in chapter 77.55 RCW. The amendment resulted in the
				intergration of the hydraulic code rule fish protection standards (Title 220
				WAC) into the forest practices rules for hydraulic projects in fish-bearing
				waters on forest land. As codified in
				RCW
				77.55.361 and
				76.09.040, the requirements of the
				hydraulic code rules no longer apply to any forest practices hydraulic project.
				The amended statutes also include a requirement that the department adopt rules
				establishing the procedures for the concurrence review process. This process is
				outlined in subsection (3) of this section.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-070 - Changes to hydraulic project approval technical provisions

Current through Register Vol. 24-14, July 15, 2024
(1) The department
				may modify or delete technical provisions in this chapter through establishing
				conditions on an HPA permit when any of the following is demonstrated:
(a) There is no logical application to a
				project;
(b) A person provides an
				alternative to the provision that demonstrates that it provides equal or
				greater protection for fish life;
(c) Enforcement of the original provision
				would result in denial of an HPA when there is enough mitigation defined to
				allow the project;
(d) The
				modification or deletion of the provision will not cause a loss of or injury to
				fish life, or the loss or permanent degradation of the habitat that supports
				fish life;
(e) The proposed
				hydraulic project is part of an approved cleanup action under Model Toxics
				Control Act, Comprehensive Environmental Response Compensation and Liability
				Act, or Superfund Amendment and Reauthorization Act;
(f) The technical provision or provisions
				conflict with applicable local, state, or federal regulations that provide
				equal or better protection for fish life;
(g) The technical provision or provisions are
				not feasible due to geological, engineering or environmental constraints or
				safety concerns; or
(h) New
				scientific information is made available that demonstrates the project will
				result in equal or greater protection of fish life, and the habitat that
				supports fish life.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-080 - Mitigation requirements for hydraulic projects

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
The department
				defines mitigation as sequentially avoiding impacts, minimizing and rectifying
				unavoidable impacts, and compensating for remaining impacts. This mitigation
				must achieve no net loss.
(2)
Fish life concerns:
Work conducted in or near water can negatively
				impact fish life. Best management practices such as proper design and siting,
				construction timing, isolating the work area, sediment and erosion control,
				water-quality management, and revegetation can avoid, minimize, and rectify
				many of these impacts. These best management practices are reflected in the
				technical provisions. However, remaining impacts may require compensation to
				offset the loss of fish life and habitat that supports fish life.
(3)
Mitigation requirements:
(a) The department must determine if the
				project actions proposed will mitigate for the project impacts to fish life and
				the habitat that supports fish life based on available information.
(b) A person must pay for any surveys,
				studies, or reports required by the department to determine if the hydraulic
				project mitigates impacts to fish life and the habitat that supports fish life.
				When required, the department will provide a written explanation of why the
				information is required and what standards or protocols the applicant must
				follow.
(c) All work subject to
				this chapter must achieve no net loss through a sequence of mitigation actions.
				However, the department may not impose permit conditions that attempt to
				optimize conditions for fish life that are out of proportion to the impact of
				the proposed project.
(d)
				Mitigation includes all of the action steps in the mitigation
				sequence.
(e) Compensatory
				mitigation is not required for hydraulic projects if other actions in the
				mitigation sequence are taken that avoid or offset impacts to fish
				life.
(f) The department may
				require advance mitigation if an experimental mitigation technique is being
				performed. If required, the advance mitigation should be fully functional prior
				to the project impacts.
(g) All
				maintenance work must comply with the applicable common technical construction
				provisions and project-specific and site-specific construction provisions.
				Maintenance work that rehabilitates and replaces a structure must also comply
				with the applicable common technical design provisions.
(h) Replacement of any portion of any
				structure must comply with the requirements in this chapter governing materials
				that may be used.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-090 - Technical provisions

Current through Register Vol. 24-14, July 15, 2024
Technical provisions are avoidance and minimization
				  mitigation measures commonly used to protect fish life. WAC
				  220-660-100 through
				  220-660-450 are common technical
				  provisions listed by hydraulic project types. All projects will also be
				  reviewed relative to the provisions of WAC
				  220-660-080. The department will
				  require certain technical provisions depending upon the individual proposal and
				  the site characteristics. Additional special provisions may be included to
				  address site-specific conditions. Those provisions must be in the HPA. The
				  department may apply saltwater provisions listed in WAC
				  220-660-310 through
				  220-660-450 to a project in
				  tidally influenced areas upstream of river mouths and the mainstem Columbia
				  River downstream of Bonneville Dam.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-100 - Freshwater habitats of special concern

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
(a) Freshwater habitats of special concern
				provide essential functions important in the developmental life histories of
				twenty-two priority fish species. Priority fish species include species that
				are listed under state and federal endangered species laws, and species of
				recreational, commercial, or tribal importance.
(b) The presence of freshwater habitats of
				special concern or adjacent areas with similar characteristics may restrict
				project type, design, location, and timing. These restrictions also may benefit
				other fish species that use these habitats. The department may determine the
				location of such habitats by a site visit, and/or by considering maps,
				publications, and other available information.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-110 - Authorized work times in freshwater areas

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
The department
				authorizes work during less critical times of the year to reduce the risk of
				impacts to fish life at sensitive life stages. In-water work is not allowed
				during critical times of the year unless a person can implement mitigation
				measures to eliminate risk to fish life.
(2)
Fish life concerns:
Work in
				or near watercourses can harm fish life including incubating eggs and fry,
				juveniles, spawning adults, and other sensitive life history stages. Therefore,
				work must occur at times of the year when the risk to fish life is reduced or
				can be avoided.
(3)
Determining authorized work times:
(a) The department has the discretion to
				modify timing windows depending on actual site conditions (such as hydrology,
				run timing, and fish presence) and the risk of the proposed work to fish life.
				The department must specify authorized work times for hydraulic projects in or
				near waters of the state when it issues HPAs. When determining the authorized
				work times, the department will use the information below to determine the
				appropriate timing window for each project individually. Work timing considers:
(i) Life history stages of the fish and
				shellfish species present:
(A) Presence or
				absence of spawning, incubating, rearing, migrating, and other critical habitat
				that supports fish life at or near the job site; and
(B) The migration timing of juveniles and
				adults in both fresh and saltwater.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-120 - Common freshwater construction provisions

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
Only applicable
				common construction provisions will be applied to a specific hydraulic project.
				Common construction provisions include job site access, equipment use,
				construction materials, sediment and erosion control containment, in-water work
				area isolation, fish removal, job site repair, and revegetation.
(2)
Fish life concerns:
Construction and other work can negatively affect fish life. Some activities
				can kill or injure fish while others can cause behavioral changes that reduce
				fish growth and survival. Some activities can damage the habitat used for
				spawning and egg incubation, rearing, feeding, hiding from predators, and
				migration.
(3)
Staging
				areas:
Establish staging areas (used for activities such as equipment
				storage, vehicle storage, fueling, servicing, and hazardous material storage)
				in a location and manner that will prevent contaminants such as petroleum
				products, hydraulic fluid, fresh concrete, sediments, sediment-laden water,
				chemicals, or any other toxic or harmful materials from entering waters of the
				state.
(4)
Job site
				access:
(a) Use existing roadways or
				travel paths whenever feasible. If not feasible, minimize the number of new
				temporary access roads constructed.
(b) The design and location of new temporary
				access roads must follow the mitigation sequence to protect waters of the state
				from erosion and delivery of sediment.
(c) Clearly mark boundaries to establish the
				limit of work associated with site access and construction.
(d) Limit removal of native vegetation to one
				side of the channel to maintain the best shade coverage whenever feasible.
				Locate the project access site to minimize the need to remove woody vegetation.
				Woody vegetation greater than four inches diameter that must be removed to
				construct the hydraulic project must be marked in the field by the applicant
				and approved for removal by the department.
(e) Retain all natural habitat features on
				the bed or banks including large woody material and boulders. These natural
				habitat features may be moved during construction but they must be placed near
				the preproject location before leaving the job site.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-130 - Stream bank protection and lake shoreline stabilization

Current through Register Vol. 24-14, July 15, 2024
Suitable methods to identify and select an appropriate
				  stream bank protection technique are available in the department's
Integrated Streambank Protection Guidelines
, as well as other
				  published manuals and guidelines.
(1)
Description:
(a) Stream bank and
				lake shoreline erosion is a process where soil, gravel, and rock within the
				bank of a waterway become mobilized by the flow or wave action of water. Stream
				bank and lake shoreline erosion is a natural process that supplies the
				materials necessary to create features such as beaches, gravel bars, and flood
				plains. However, activities that alter the surrounding environment can greatly
				increase the rate of erosion. One of the primary causes of accelerated erosion
				is a reduction in the amount of vegetation within the riparian zone of a
				watercourse or lake.
(b) Stream
				bank protection and lake shoreline stabilization structures are permanent or
				temporary structures constructed to reduce or prevent stream bank and shoreline
				erosion. Structural techniques armor the bank with material such as riprap,
				concrete, or timber. Biotechnical techniques attempt to mimic natural processes
				by using live plantings, rootwads, and large woody material. Biotechnical
				techniques usually impact fish life less than structural techniques. Some
				projects integrate both structural and biotechnical techniques.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-140 - Residential and public recreational docks, piers, ramps, floats, watercraft lifts, and buoys in freshwater areas

Current through Register Vol. 24-14, July 15, 2024
The requirements in this section apply to location, design,
				  and construction of permanent and seasonal docks, piers, ramps (gangways),
				  floats, watercraft lifts, and mooring buoys.
(1)
Description:
Docks are
				structures that are fixed to the shoreline but floating upon the water. Piers
				are fixed, piling-supported structures. Floats (rafts) are floating structures
				that are moored, anchored, or otherwise secured in the water that are not
				directly connected to the shoreline. A ramp is a structure that connects a pier
				or shoreline to a float and provides access between the two. Pilings usually
				associated with these structures are timber, steel, reinforced concrete, or
				composite posts that are driven, jacked, or cast vertically into the bed. A
				watercraft lift is a structure that lifts boats and personal watercraft out of
				the water. A mooring buoy is a structure floating on the surface of the water
				that is used for private and commercial vessel moorage.
(2)
Fish life concerns:
(a) Over-water and in-water structures can
				alter physical processes that create or maintain habitat that supports fish
				life. These processes include light regime, hydrology, substrate conditions,
				and water quality. However, light reduction is a main impact to fish life at
				critical life stages. Light reduction, or shading, by over-water or in-water
				structures reduces survival of aquatic plants. Aquatic plants provide food,
				breeding areas, and protective nurseries for fish life.
(b) Shallow water provides juvenile fish a
				refuge from predators like larger fish. Over-water and in-water structures can
				alter movement of juvenile salmon, steelhead, and other fish species.
				Structures grounding on the bed can physically block migration and cause other
				impacts. The light/dark contrast of shading/no shading of over-water and
				in-water structures can affect migration behavior. Fish respond by moving into
				deeper water which increases the risk of predation. These structures may
				increase the exposure of juvenile salmon, steelhead, and other small fish to
				predators by providing predator habitat.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-150 - Boat ramps and launches in freshwater areas

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
A boat ramp or
				launch is a sloping, stabilized roadway or entry point constructed on the
				shoreline for launching boats from vehicular trailers or by hand. Ramps and
				launches extend into the water at a slope of typically twelve to fifteen
				percent and are typically oriented perpendicular to the shoreline. Ramp and
				launch widths vary with intended use, whereas the length often depends on the
				slope of the shoreline and seasonal water levels. Ramps and launches are
				usually constructed in areas protected from wind and waves with access to deep
				water close to shore; they are often associated with marinas and parking lots.
				Construction materials commonly consist of gravel, concrete, or
				asphalt.
(2)
Fish life
				concerns:
A boat ramp or launch typically destroys habitat that supports
				fish life in its footprint. A large number of ramps or launches in a given area
				reduces and fragments habitat. Ramps and launches placed above bed grade can
				block sediment and wood movement, and alter nearshore juvenile fish migration
				behavior. Ramp and launch construction, maintenance and the associated vessel
				activity can damage or destroy aquatic vegetation.
(3)
Boat ramp and launch design:
(a) Design and locate ramps and launches to
				avoid adverse impacts to fish spawning areas.
(b) Design and locate ramps and launches to
				avoid or minimize excavation waterward of the OHWL.
(c) Design and construct ramps and launches
				to minimize interference with wood and sediment movement.
(d) Design the boat ramps and launches to
				prevent erosive undercutting or breaking of ramp edges.
(e) Design and construct boarding floats to
				minimize grounding on and shading of the bed and interfering with sediment and
				wood movement.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-160 - Marinas and terminals in freshwater areas

Current through Register Vol. 24-14, July 15, 2024
The provisions in this section apply to constructing,
				  maintaining and repairing marinas and terminals in freshwater areas.
(1)
Description:
(a) A marina is a public or private facility
				providing vessel moorage space, fuel, or commercial services. Commercial
				services include overnight or live-aboard vessel accommodations (RCW
				77.55.011(13) ).
(b) A terminal is a public or private
				commercial wharf located in the navigable waters of the state and used, or
				intended to be used, as a port or facility for storing, handling, transferring,
				or transporting goods, passengers, and vehicles to and from vessels
				(RCW
				77.55.011(14) ).
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-170 - Dredging in freshwater areas

Current through Register Vol. 24-14, July 15, 2024
The requirements of this section do not apply to suction
				  dredging for mineral prospecting covered in WAC
				  220-660-300, or to diver-operated
				  dredging for aquatic plant control covered in WAC
				  220-660-290.
(1)
Description:
Dredging
				includes removing substrate or sediment from rivers and lakes to improve vessel
				navigation and to maintain navigational channels and flow conveyance. Dredging
				is also used to clean up contaminated sediments.
(2)
Fish life concerns:
Excessive deposition or aggradation may interfere with land use, hydraulic
				flow, and fish passage, and may cause stranding of fish. However, dredging can
				alter multiple fundamental channel processes, and effects can propagate
				upstream or downstream of the modified channel reach, or into tributaries, and
				may affect channel stability, habitat features, and flood plain interactions
				within and beyond the project area. Direct impacts include mortality,
				physiological stress, or displacement of fish and other organisms, increased
				sediment transport downstream, damage to riparian zone vegetation, and
				temporary loss or imbalance of nutrients and food supply. This activity usually
				decreases the complexity and diversity of habitat that supports fish
				life.
(3)
Dredging
				design:
(a) The department may not
				authorize dredging in fish spawning beds unless it creates or improves the
				access or quality of fish spawning beds as part of an approved restoration
				project.
(b) The department will
				evaluate the potential impacts of dredging and the disposal of dredged
				materials in eulachon spawning areas and provision these projects based on
				project location, seasonality, scale, frequency, and duration and on run
				timing, run size, and presence/absence in the work area.
(c) The department may require a preproject
				channel survey or assessment by a qualified professional to determine the root
				causes of a sediment deposition problem and the potential channel changes that
				may result from dredging. This provision does not apply to maintenance dredging
				of navigational channels and berthing areas, boat ramp and boat launch
				approaches, and hydroelectric dams.
(d) The department may require pre- and
				post-dredge project bathymetric data for dredging of navigational channels and
				berthing areas.
(e) Use the dredge
				types and methods that minimize adverse impacts to fish and the habitat that
				supports fish life.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-180 - Sand and gravel removal

Current through Register Vol. 24-14, July 15, 2024
The requirements of this section do not apply to suction
				  dredging for mineral prospecting covered in WAC
				  220-660-300, or to diver-operated
				  dredging for aquatic plant control covered in WAC
				  220-660-290.
(1)
Description:
Sand and gravel
				deposited by river processes is used as construction aggregate for roads and
				highways (base material and asphalt), pipelines (bedding), septic systems
				(drain rock in leach fields), and concrete (aggregate mix) for highways and
				buildings. In some areas, people remove aggregate mainly from river deposits,
				either from pits in river flood plains and terraces, or by removing gravel
				directly from riverbeds with heavy equipment.
(2)
Fish life concerns:
Removing
				sand and gravel from the active channel bed may affect sediment movement if it
				disrupts the sediment balance in the river. This disruption may cause channel
				adjustments that extend considerable distances beyond the excavation site.
				Removing instream sand and gravel changes the channel shape and bed elevation
				and may involve extensive clearing of vegetation, flow diversion, sediment
				stockpiling, and excavating deep pits. Removing sand and gravel can also
				produce a local sediment shortage that can reduce spawning potential and
				success in gravel-starved stream reaches. Disturbance or loss of gravel can
				create significant channel head cutting upstream from the project. Trenches or
				pits in the bed can trap fish. Other effects of removing instream gravel
				include a reduction of large woody material that is important as cover for
				fish, and short-term loss of insects and stream bugs that are food for
				fish.
(3)
Sand and gravel
				removal design:
(a) Limit sand and
				gravel removal to exposed bars. Sand and gravel removal must not result in
				lowering the average channel cross-section profile either in the work area or
				downstream of it.
(b) The
				department requires a quantitative site assessment to document habitat changes.
				This includes preproject and post-project channel cross-section surveys for
				commercial sand and gravel removal projects. As a provision of a multiyear HPA,
				the department may require surveys to be conducted each fall. The surveys must
				reference cross-sections vertically to a permanent benchmark and horizontally
				to a permanent baseline. The cross-sections must be surveyed perpendicular to
				the high flow channel every one hundred feet through the work area and at
				cross-sections upstream and downstream at adjacent channel riffles. The HPA
				application submitted to the department must include the preproject survey
				information. A person must submit the post-project survey to the department
				within ninety days after removal of sand and gravel is finished or the
				expiration date of the HPA, whichever occurs first.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-190 - Water crossing structures

Current through Register Vol. 24-14, July 15, 2024
Appropriate methods to design water crossing structures are
				  available in the department's
Water Crossing Design
				  Guidelines
, or other published manuals and guidelines. A list of
				  approved manuals and guidelines is on the department's web site.
This section applies only to water crossings over
				  fish-bearing waters. Crossings on nonfish bearing streams must be designed to
				  pass wood and sediment expected in the stream reach to reduce the risk of
				  catastrophic failure of the crossing. Water crossing structures on nonfish
				  bearing streams in the forest environment that are designed to pass the
				  100-year flood flow and debris likely to be encountered meet this
				  standard.
An HPA is required for all construction or repair/
				  replacement of any structure that crosses a stream, river, or other water body
				  regardless of the location of the proposed work relative to the OHWL of state
				  waters. An HPA is also required for bridge painting and other maintenance where
				  there is potential for paint, sandblasting material, sediments, or bridge parts
				  to fall into the water. An HPA is not required for utility crossings attached
				  to bridge structures.
(1)
Description:
Water crossings are structures constructed to
				facilitate the movement of people, animals, or materials across or over rivers
				and other water bodies. These structures include bridges, culverts, fords, and
				conduits. This section covers bridges, culverts, and fords; WAC
				220-660-270 covers conduits.
				Generally, people use bridges to cross over larger streams and rivers, or over
				unstable channels; they use culverts to cross over smaller streams and they use
				fords when other stream crossing options would result in a greater impact to
				fish life and the habitat that supports fish life.
(2)
Fish life concerns:
(a) A person must design water crossing
				structures in fish-bearing streams to allow fish to move freely through them at
				all flows when fish are expected to move. All water crossings must retain
				upstream and downstream connection in order to maintain expected channel
				processes. These processes include the movement and distribution of wood and
				sediment and shifting channel patterns. Water crossings that are too small in
				relation to the stream can block or alter these processes, although some
				encroachment of the flood plain and channel migration zone will be approved
				when it can be shown that such encroachment has minimal impacts to fish life
				and habitat that supports fish life.
(b) Fords have a high potential to generate
				and deliver sediment and may impede fish passage. However, under limited
				circumstances, fords are appropriate when they provide better protection to
				fish life and habitat that supports fish life than other water crossing
				structures.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-210 - Channel relocation and realignment

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
The department
				discourages channel relocation and realignment and will approve them only when
				a person can demonstrate benefits or lack of adverse impact to fish life.
				Channel relocation may solve problems of channel encroachment and/or
				confinement, and foster the development of a new channel with appropriate
				channel morphology and healthy riparian zones. Channel relocation permanently
				changes the location of the channel. The new channel should be designed with
				bioengineered stability, rather than structural stability, so that the profile,
				pattern, cross-section and bed elevation can be expected to achieve long-term
				natural functioning. Channel realignment is used to restore a single-thread,
				straightened channel(s) to a more natural sinuous pattern.
(2)
Fish life concerns:
(a) Channel relocation and realignment is a
				major undertaking involving reconstructing the channel bed, habitat features,
				channel banks, and flood plain. In-channel work will have a much greater impact
				on the bank and channel than off-channel work including the downstream burial
				of invertebrates, elevated suspended solids, and habitat destruction.
(b) However, channel relocation and
				realignment can also benefit fish life by altering channel planform, profile,
				and cross-section geometry to restore habitat that supports fish life.
				Restoration work can range from complete reconstruction of a channel to
				smaller-scale alterations that induce incremental changes to channel
				form.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-220 - Large woody material placement, repositioning, and removal in freshwater areas

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
Large woody material is trees and tree parts larger
				than four inches in diameter and longer than six feet or rootwads that enter
				stream channels mainly from stream bank undercutting, wind throw, and slope
				failures. Public agencies sometimes reposition or remove large woody material
				to address a threat to life, the public, or property. Large woody material is
				also placed in streams to restore or create habitat that supports fish
				life.
(2)
Fish life
				concerns:
(a) The removal and cutting
				of large woody material can adversely affect the natural channel-forming
				processes associated with wood accumulation in the channel. Large woody
				material provides shelter for fish from high flows and predators. Sediment
				trapped by large woody material can create spawning areas for fish life. Large
				woody material also provides habitat for aquatic insects that fish
				eat.
(b) Large woody material plays
				a main role in shaping stream channels by forming pools and increasing stream
				meandering and sediment storage. Large woody material dissipates flow energy,
				leading to improved fish migration and channel stability.