reglab/statecodes huggingface dataset:
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-230 - Beaver dam management

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
(a) A person may
				need to remove, breach, or modify a beaver dam to prevent damage to private and
				public land, structures, or other improvements of value from flooding. Beaver
				dams are normally removed using hand tools or equipment such as
				backhoes.
(b) An alternative to
				frequent dam removal is installing a beaver exclusion device. These devices
				prevent beavers from building a dam that blocks water flow at the mouth or
				inside of culverts.
(c) Installing
				a water level (flow) control device may be a preferred alternative to removing
				or breaching an established dam that maintains a beaver wetland; however, fish
				passage must be maintained. A person can install a water level control device
				to maintain a desirable beaver wetland. These devices are installed at the
				intended depth, extending upstream and downstream of the dam. This preserves
				the pond's habitat benefits.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-240 - Pond construction

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
A person may construct an out-of-channel pond for
				livestock watering, irrigation, fire protection, or other use. If the pond
				construction involves diverting water, a water right must be obtained prior to
				diverting waters of the state. This requirement does not apply to constructing
				storm water pond facilities landward of the ordinary high water line.
(2)
Fish life concerns:
To
				prevent fish from being injured or killed, a person must physically prevent
				fish from entering ponds not intended as fish habitat. Ponds can contribute to
				increased water temperatures and loss of instream flow in a watercourse, which
				may impact the survival of fish that need cold water for survival.
(3)
Pond design and
				construction:
(a) Do not construct
				ponds within the watercourse.
(b)
				Design and construct ponds to protect fish life:
(i) Design, construct, and screen ponds to
				prevent the entry of fish unless the department determines that the pond will
				provide beneficial habitat; in which case, the design and construction must
				provide free and unrestricted fish access.
(ii) Unless the intent of the bypass reach is
				to enhance fish life or habitat that supports fish life, locate the outflow of
				the pond (return flow system) as close to the diversion point as possible so
				diverted water is absent from the watercourse for the shortest amount of time
				(shortest length of bypass reach).
(iii) Isolate the work area from the
				watercourse while constructing the pond, diversion system, and the return flow
				system. Design and construct the pond so the outflow temperature does not harm
				fish life.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-250 - Water diversions and intakes

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
Surface water
				diversions are common instream features in agricultural areas where the water
				is used for irrigation. Throughout the state, people also divert water for
				other agricultural, hydropower, industrial, recreational, residential,
				municipal, and hatchery uses. A water right must be obtained prior to diverting
				water of the state.
(2)
Fish
				life concerns:
To protect fish life, including salmon and steelhead,
				Washington state law (RCW 77.57.-070 and 77.57.010) requires that all surface
				water diversions be screened to prevent fish from being drawn into the
				diversions where they are at risk for injury or death from entrainment. Other
				elements of a water diversion can result in direct and indirect sources of
				injury or mortality. Wing and check dams can prevent or delay upstream and
				downstream fish passage increasing predation, and fish may be physically
				injured or dewatered by active cleaning mechanisms or in bypass
				mechanisms.
(3)
Limit of
				department authority over water diversions and intakes:
(a) A written HPA is not required for
				emergency water diversions during emergency fire response. When possible, a
				person must notify the department before the emergency diversion. When advance
				notification is not possible, a person must notify the department within
				twenty-four hours of the emergency diversion, at the twenty-four-hour hotline
				phone number at 360-902-2536.
(b)
				The department cannot apply the hydraulic code to limit the amount or timing of
				water diverted under a water right, other than ensuring that there is
				sufficient bypass flow to return fish back to the stream of origin from a water
				diversion. However, the department requires an HPA for work that will use,
				divert, obstruct, or change the natural flow or bed of any of the salt or fresh
				waters of the state, or that will utilize any of the waters of the state to
				divert water under a water right.
(c) Regulating water flow from a permanent
				permitted irrigation structure by operating valves, or manipulating stop logs,
				check boards, headgates, or headboards, does not require an HPA. Any hydraulic
				project activity related to a change in site conditions, the manner or location
				of water diversion, a new landowner or contact, or new biological information,
				will require an HPA modification.
(d) The department must allow a person who
				has gravel berm dam diversion permitted by the department before January 1994
				to continue to have the dam if it complies with the provisions of the HPA.
				However, the department can provision the approval of gravel berms.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-260 - Outfall structures in freshwater areas

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
Outfalls move
				water from one place to another, typically to a water body. They may convey
				irrigation water, storm water, or other waste materials. The department
				recommends that a person construct energy dissipation structures landward of
				the riparian zone whenever feasible so discharged water can infiltrate into the
				soil or to sheet flow through the riparian zone into the stream.
(2)
Fish life concerns:
Outfalls
				can cause scouring or erosion of the bed. This can increase sediment supply to
				downstream reaches of rivers and streams. Outfalls can also cause bank erosion.
				This can cause a direct loss of bank side riparian vegetation. Riprap and other
				energy dissipation structures can bury instream habitat and riparian
				vegetation. In addition, outfalls can entrain fish.
(3)
Limit of department authority over
				storm water outfall projects:
(a) The
				department may not provision HPAs for storm water discharges in locations
				covered by a National Pollution Discharge Elimination System municipal storm
				water general permit for water quality or quantity impacts. The HPA is required
				only for the actual construction of any storm water outfall or associated
				structures.
(b) In locations not
				covered by a National Pollution Discharge Elimination System municipal storm
				water general permit, the department may provision HPAs to protect fish life
				from adverse effects, such as scouring or erosion of the bed of the water body,
				resulting from the direct hydraulic impacts of the discharge.
(i) Before prescribing specific discharge
				rates in an HPA under this subsection, the department must:
(A) Find that the discharge from the outfall
				will cause harmful effects to fish life;
(B) Send the findings to the applicant and to
				the city or county where the project is being proposed; and
(C) Allow a person to use local ordinances or
				other ways to avoid the adverse effects from the direct hydraulic discharge.
				The forty-five day requirement for issuing HPAs under
				RCW
				77.55.021 is suspended when the department is
				meeting the requirements of this subsection.
(ii) After following the procedures in (b) of
				this subsection, the department may issue an HPA that prescribes the discharge
				rates from an outfall structure that will prevent adverse effects to the bed or
				flow of the waterway. The department may recommend, but not specify, the
				measures required to meet these discharge rates. The department may not require
				changes to the project design landward of the mean higher high water mark of
				marine waters or the ordinary high water mark of fresh waters of the
				state.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-270 - Utility crossings in freshwater areas

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
Utility lines
				are cables and pipelines that transport gas, telecommunications, fiber optics,
				power, sewer, oil, and water lines from one side of a watercourse to the other.
				An HPA is not required for utility crossings attached to bridge
				structures.
(2)
Fish life
				concerns:
(a) Utility crossings pose a
				risk to fish life and the habitat that supports fish life from potential
				substrate changes, destabilization of stream banks and channels, loss of
				riparian zone vegetation, and release of excessive sediment after stream flows
				resume. Utilities not buried below bed scour depth can require rock to protect
				them. This reduces habitat, inhibits channel processes, and can become fish
				passage barriers due to the rock or the pipeline.
(b) Trenching through stream banks and
				channels alters habitat and substrate characteristics, and therefore their
				productivity and should be avoided. Trenching may also cause the proportion of
				surface and subsurface flows to shift, altering stream hydrology. The
				department prefers trenchless crossing methods such as high-pressure
				directional drilling or punch and bore crossings that cause very little
				disturbance to the stream bed and banks.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-280 - Felling and yarding of trees

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
Tree felling includes "bucking" or cutting the felled
				tree into short lengths and limbing the felled tree. Yarding is the process of
				hauling logs from the cutting area to the landing and includes skidding
				(dragging the logs across the ground). There are three main kinds of yarding
				systems: Ground based, cable, and aerial logging.
(2)
Fish life concerns:
Felling
				and yarding trees can damage the aquatic and stream bank riparian zone habitat
				if done incorrectly.
(3)
Felling and yarding:
(a) Do not
				fell trees into or across a Type S, F, or Np watercourse except when approved
				by the department. Felling into a Type N watercourse is approved if trees are
				removed as soon as it is practicable to do so.
(b) Trees or logs that accidentally enter a
				watercourse with identifiable bed or banks must remain where they fall unless
				the department authorizes the removal of parts or all of the trees or
				logs.
(c) Use full suspension when
				transporting logs across a watercourse with identifiable bed or banks, so no
				portion of the logs or limbs can enter the watercourse or damage the bed,
				banks, and riparian vegetation including riparian management zone
				trees.
(d) Use equipment that
				minimizes the number of cable crossings over the stream to reduce damage or
				disturbance to RMZ trees. Place cable tailholds across watercourses with
				identifiable bed or banks, if they minimize the number of new yarding roads
				needed. When changing roads, a person must move the cable around or over the
				riparian zone vegetation and banks to avoid damaging the vegetation and
				banks.
(e) Unless the department
				approves otherwise, remove limbs or other small debris that enter the
				watercourse with identifiable bed or banks, with each change in yarding road,
				or within seventy-two hours after entry into the watercourse or before the
				onset of high flows if anticipated to occur within seventy-two hours. Place the
				limbs and other small debris above the anticipated limits of floodwater. Remove
				limbs or other small debris from dry watercourses before the normal onset of
				high flows. Do not disturb large woody material that was in place before
				felling and yarding trees.
(f)
				Minimize releasing sediment to waters downstream from the felling or yarding
				activity. Use sediment control methods as needed to avoid releasing sediment
				downstream. Remove accumulated sediment from above check dams before removing
				them.
(g) Avoid or minimize
				skidding, ground lead yarding, or operating equipment within flowing waters in
				channels with defined bed or banks.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-290 - Aquatic plant removal and control

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
This section
				covers the physical and mechanical methods for controlling and removing aquatic
				plants. It does not address using grass carp, herbicides, or water column dye.
				Aquatic plant removal and control methods include physical, mechanical,
				biological, and chemical control methods. Often the best approach to
				controlling and removing aquatic plants is developing a vegetation management
				plan. A vegetation management plan is a comprehensive approach to controlling
				aquatic plants where all strategies are considered and usually some combination
				of techniques is selected and implemented. These plans should be based on the
				biology and ecology of the aquatic plant to be controlled and the environmental
				characteristics of the site. Integrated vegetation management planning is
				encouraged to comprehensively address aquatic plant problems for a
				watercourse.
(2)
Fish life
				concerns:
Beneficial plants play a significant role in lakes and streams
				by providing food and habitat for fish life, stabilizing shorelines, and
				contributing to nutrient cycling. Sometimes beneficial plants can grow in
				overabundance, usually because of excessive inputs of nutrients such as
				nitrogen or phosphorus. In contrast, aquatic noxious weeds can threaten native
				vegetation, fish life, and the habitat that supports fish life.
(3)
Limit of authority:
(a) An activity conducted solely to remove or
				control spartina does not require an HPA.
(b) An activity conducted solely to remove or
				control purple loosestrife and that is performed with hand-held tools or
				equipment, or equipment carried by a person when used, does not require an
				HPA.
(c) Any other activity
				conducted solely to remove or control aquatic noxious weeds or aquatic
				beneficial plants requires either a copy of the current
Aquatic Plants
				and Fish
pamphlet HPA available from the department or an individual
				HPA.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-300 - Mineral prospecting

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
Mineral prospecting projects excavate, process, or
				classify aggregate using hand-held mineral prospecting tools and mineral
				prospecting equipment. When prospectors locate valuable minerals through
				prospecting, they may attempt to recover larger quantities of the minerals
				using a variety of equipment, including suction dredges, high bankers, and
				heavy equipment. The rules in this section apply to the use of pans;
				nonmotorized sluice boxes; nonmotorized concentrators; minirocker boxes; and
				hand-held mineral prospecting tools. This section does not apply to metals
				mining and milling operations as defined in chapter 78.56 RCW. Motorized
				mineral prospecting methods including, but not limited to, suction dredging,
				are not authorized in this section. See WAC
				220-660-305 for
				rules for motorized and gravity siphon methods.
(2)
Fish life concerns:
Mineral
				prospecting and mining activities can harm fish life and habitat that supports
				fish life.
(a) Direct impacts from mineral
				prospecting and mining activities can include:
(i) Mortality from the physical effects of
				disturbing eggs or fry incubating within the bed; and
(ii) Lower environmental productivity
				resulting from habitat modifications such as altered stream beds or lowered
				water quality.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-305 - Mineral prospecting involving motorized or gravity siphon equipment

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
Mineral prospecting involving motorized or gravity
				siphon equipment are projects that excavate, process, or classify aggregate
				using small motorized equipment or pumps. Such methods include, but are not
				limited to, suction dredges, dryland dredges, power sluice/suction dredge
				combinations, motorized high-bankers or power sluices, trommels, and spiral
				wheels. These projects also include methods using gravity siphons that supply
				water for excavating, processing, or classifying aggregate by means of vacuum
				created by water flowing through a tube or hose, such as gravity dredges or
				nonmotorized high-bankers. Bulb snifters are not considered motorized or
				gravity siphon equipment. The rules in this section apply to using motorized or
				gravity siphon equipment. See WAC
				220-660-300
				for mineral prospecting with other types of equipment.
(2)
Fish life concerns:
Mineral
				prospecting involving motorized or gravity siphon equipment can harm fish life
				and habitat that supports fish life.
(a)
				Direct impacts can include:
(i) Mortality from
				the physical effects of disturbing eggs or fry incubating within the
				bed;
(ii) Mortality from passing
				vulnerable fish through equipment; and
(iii) Lower environmental productivity
				resulting from habitat modifications such as altered stream beds or lowered
				water quality.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-320 - Saltwater habitats of special concern

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
(a) Saltwater habitats of special concern
				provide essential functions in the developmental life history of fish life.
				These habitats include:
(i) Spawning areas
				for forage fish;
(ii) Settlement
				and nursery areas for juvenile rockfish and lingcod;
(iii) Migration, rearing, and feeding areas
				for juvenile salmon;
(iv)
				Settlement areas for native shellfish;
(v) Areas of native aquatic and riparian
				vegetation that supports fish life; and
(vi) Feeder bluffs and other shoreforms that
				support geomorphic processes such as sediment delivery and movement that
				creates and maintains 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 220-660-340 - Intertidal forage fish spawning bed surveys

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
The department
				uses intertidal forage fish spawning bed surveys to determine presence,
				absence, quantity, and timing of surf smelt (
Hypomesus
				pretiosus
) and Pacific sand lance (
Ammodytes
				hexapterus
) spawning. The department may require an applicant to hire
				a qualified, department-trained biologist to conduct an inter-tidal forage fish
				spawning survey before working in potential surf smelt and Pacific sand lance
				spawning habitat adjacent to documented areas or in documented surf smelt
				spawning areas where the spawning season is six months or longer. The presence
				of eggs may restrict project type, design, location, and timing.
(2)
Fish life concerns:
Surf
				smelt and Pacific sand lance are important food for marine mammals, birds, and
				fish, including Pacific salmon. The department protects forage fish spawning by
				limiting construction activities on beaches when and where spawning is
				documented.
(3)
Intertidal
				forage fish surveys:
(a) A biologist
				must complete the department's forage fish spawning beach survey training to be
				approved by the department to conduct intertidal forage fish spawning bed
				surveys.
(b) A biologist must
				follow the department-approved intertidal forage fish spawning protocol and use
				the standard department data sheets when conducting forage fish spawning beach
				surveys. The protocol and data sheets are available on the department's web
				site. The department may modify this protocol when only the presence or absence
				of surf smelt eggs needs to be determined.
(c) A biologist must submit the completed,
				standard department data sheets to the department within seventy-two hours of
				the survey.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-350 - Seagrass/macroalgae habitat surveys

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
The department has developed survey guidelines for
				seagrass and macroalgae habitat to improve protection of these important
				habitats in Puget Sound and coastal waters. The guidelines contain protocols
				for both preliminary and advanced surveys to help evaluate potential impacts to
				these habitats at project sites with various conditions. Because statistical
				considerations are an integral part of the advanced surveys, the guidelines
				include a sample size calculator to help determine the number of samples the
				diver/ biologist must take. The guidelines are available on the department's
				web site.
(2)
Fish life
				concerns:
(a) Seagrass and macroalgae
				such as kelp play a critical role in the nearshore zone ecosystem as primary
				producers, generating nutrients and substrate that form the base of the food
				chain. The dense and complex structure created by sea-grass and macroalgae beds
				also provides refuge and foraging habitat for fishes, invertebrates, and other
				organisms.
(b) Direct impacts can
				occur on a local or site-specific scale from impacts to substrate and changes
				to light levels. Dredging, filling, or otherwise altering the substrate can
				make a site uninhabitable for seagrass and macroalgae and the species that
				depend on them. Boat propellers and anchors can physically damage plants,
				disturb sediments, and alter the habitat that supports fish life. Over-water
				structures such as piers, docks, and floats decrease the amount of light
				available. These habitat impacts can cause a substantial reduction in the size
				and diversity of the plant community.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-360 - Common saltwater 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, and 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 life while others can
				cause behavioral changes that reduce 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) at 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) Clearly mark boundaries to establish the
				limit of work associated with site access and construction.
(b) Limit the removal of native vegetation to
				the minimum amount needed to construct the project. Woody vegetation greater
				than four inches diameter that must be removed must be marked in the field by
				the applicant and approved for removal by the department. The department may
				require this large woody material to be placed on the beach after work is
				completed. A revegetation plan must be submitted to restore riparian vegetation
				removed as part of the project.
(c)
				Retain all natural habitat features on the beach larger than twelve inches in
				diameter including trees, stumps, logs, and large rocks. 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 220-660-380 - Residential and public recreational docks, piers, ramps, floats, watercraft lifts, and buoys in saltwater areas

Current through Register Vol. 24-14, July 15, 2024
This section applies to the design and construction of
				  permanent, seasonal or temporary docks, piers, ramps (gangways), floats,
				  watercraft lifts, and mooring.
(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 gangway 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 or jacked into
				the bed. A watercraft lift is a structure that lifts boats and personal
				water-craft 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. Light reduction is the 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 damage forage fish
				spawning beds. The light/dark contrast of shading/no shading caused by
				over-water and in-water structures can affect migration behavior. Fish respond
				by moving into deeper water which increases the risk of predation.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-390 - Boat ramps and launches in saltwater 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, and the length often depends on the slope
				of the shoreline and tidal amplitudes. Ramps and launches are usually
				constructed in protected areas with access to deep water close to shore.
				Construction materials commonly consist of gravel, concrete, or asphalt; they
				are often associated with marinas and parking lots. A railway-type boat launch
				consists of a pair of railroad tracks supported by pilings, and extends from
				the upland down to the beach.
(2)
Fish life concerns:
A boat ramp or launch covers seabed habitat
				that supports fish life. A large number of ramps or launches in a given area
				increases the amount of loss and fragments this habitat. Ramps and launches
				placed above beach grade can block sediment movement (littoral drift). Ramp and
				launch construction, maintenance and the associated vessel activity can damage
				or destroy aquatic vegetation and forage fish spawning beds.
(3)
Boat ramp and launch design:
(a) The design and location of ramps and
				launches must avoid adverse impacts to saltwater habitats of special concern.
(i) The department will require a
				seagrass/macroalgae habitat survey for new ramp or launch construction unless
				the department can determine the project will not impact sea-grass and kelp
				beds and in herring spawning beds other macroalgae used as spawning
				substrate.
(ii) A survey is not
				required to replace an existing structure within its original
				footprint.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-400 - Marinas and terminals in saltwater areas

Current through Register Vol. 24-14, July 15, 2024
This section applies to constructing, maintaining, and
				  repairing marinas and terminals in saltwater 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 to store, handle, transfer, or
				transport 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 220-660-410 - Dredging in saltwater areas

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
Dredging includes the removal of substrate to improve
				vessel navigation and to maintain navigation channels. Dredging is also used to
				clean up contaminated sediments.
(2)
Fish life concerns:
Dredging
				may result in changes in bathymetry, habitat conversion, and changes to
				nearshore zone ecosystem dynamics such as salinity intrusion. As a result,
				dredging may convert intertidal and shallow subtidal habitat to deeper subtidal
				habitat. Dredging may affect the plant and animal communities that are uniquely
				adapted to the particular light, current, and substrate regimes of inter-tidal
				and shallow subtidal areas. In addition to changing the habitat, dredging
				equipment can injure or kill fish and shellfish during the uptake of sediments
				and water. Suspended sediments released into the water column by dredging can
				affect fish by interfering with breathing and feeding, and by changing
				predator-prey relationships.
(3)
Dredging - Generally:
(a) The
				department may require hydrodynamic modeling to assess changes in salinity,
				turbidity, and other physiochemical regimes for new dredging projects and
				expansions.
(b) The design and
				expansion of dredging projects must follow the mitigation sequence to avoid or
				minimize converting intertidal to subtidal habitat.
(c) The department prohibits new dredging in
				sand lance, surf smelt, and herring spawning beds; rockfish and lingcod
				settlement and nursery areas; and Olympia oyster settlement areas.
(d) The department requires a
				seagrass/macroalgae habitat survey for all new dredging. A survey is not
				required for maintenance dredging or deepening the channel within the original
				dredged footprint.
(e) Dredging
				must avoid adverse impacts to seagrass and kelp beds, intertidal wetland
				vascular plants, and geoduck tracts.
(f) Limit the depth of the maintenance
				dredging to no deeper than the channel depth at the seaward end. The department
				may authorize dredging to depths deeper than the channel at the seaward end
				only in berthing areas and turning basins for commercial shipping.
(g) In addition to those timing limitations
				listed in WAC
				220-660-320, the department may
				further restrict dredge timing to protect other fish life.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-420 - Artificial aquatic habitat structures in saltwater areas

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
An artificial
				aquatic habitat structure is a structure that humans design and place to
				provide long-term alterations to saltwater bottom habitat. The structure is
				designed and located to contribute to fish and shellfish management. Artificial
				reefs are one example.
(2)
Fish habitat concerns:
Artificial aquatic habitat structures draw
				large numbers of fish for the same reasons natural habitat structures do: They
				provide shelter, food, and a place for some species to spawn. They have holes
				and crevices in which both predator and prey can hide. However, artificial
				aquatic habitat structures alter the seabed and change the natural habitat.
				This alteration can change the make-up of the fish community and displace fish
				that used the natural habitat. Because artificial aquatic habitat structures
				can draw large numbers of fish into one place, coordination with fisheries
				managers is critical to prevent overfishing at these sites.
(3)
Artificial aquatic habitat
				structure design:
(a) Artificial
				aquatic habitat structures must meet one or more of the following needs:
(i) Enhance fish viewing opportunity at a
				specific location;
(ii) Enhance or
				conserve aquatic resources; or
(iii) Mitigate for impacted
				habitat.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-430 - Outfall and tide and flood gate structures in saltwater areas

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
Outfalls move water from one place to another,
				typically to a water body. Outfalls may convey storm water, or other waste
				materials. Tide and flood gates are adjustable gates used to control water flow
				in estuary, river, stream, or levee systems.
(2)
Fish life concerns:
Outfalls
				can increase erosion of a bed and bank, trap sediment, and cause a direct loss
				of beach and bank riparian habitat.
(3)
Limit of department authority over
				storm water outfall and tide and flood gate projects:
(a) The department may not provision HPAs for
				storm water discharges in locations covered by a National Pollution Discharge
				Elimination System municipal storm water general permit for water quality or
				quantity impacts. An HPA is required only for the actual construction of any
				storm water outfall or associated structures.
(b) In locations not covered by a National
				Pollution Discharge Elimination System municipal storm water general permit,
				the department may issue HPAs that contain provisions to protect fish life from
				the direct hydraulic impacts of the discharge, such as scouring or erosion of
				the water body bed. Before issuing an HPA under this subsection, the department
				must:
(i) Find that the discharge from the
				outfall will cause harmful effects to fish life;
(ii) Send the findings to the applicant and
				to the city or county where the project is being proposed; and
(iii) Allow a person to use local ordinances
				or other ways to avoid the adverse effects resulting from the direct hydraulic
				discharge. The forty-five day requirement for HPA issuance under
				RCW
				77.55.021 is suspended when the department is
				meeting the requirements of this subsection.
(c) After following the procedures set forth
				in (b) of this subsection, the department may issue an HPA that prescribes the
				discharge rates from an outfall structure to prevent adverse effects to the bed
				or flow of the waterway. The department may recommend, but not specify, the
				measures required to meet these discharge rates. The department may not require
				changes to the project design waterward of the mean higher high-water mark of
				marine waters.
(d) The department
				may not require a fishway on a tide gate, flood gate, or other associated
				human-made agricultural drainage facilities as a provision of a permit if such
				a fishway was not originally installed as part of an agricultural drainage
				system existing on or before May 20, 2003. The department may require a fishway
				on a tide or flood gate as part of a non-agricultural drainage system and on
				agricultural drainage systems existing after May 20, 2003.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-440 - Utility crossings in saltwater areas

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
Utility
				crossings are cables and pipelines that transport gas, telecommunications,
				fiber optics, power, sewer, oil, or water underneath water bodies. An HPA is
				not required for utility crossings attached to bridge structures.
(2)
Fish life concerns:
Utility
				crossings pose a risk to fish life and habitat that supports fish life because
				of potential changes to substrates, destabilization of marine shoreline and
				distributary channels, loss of riparian vegetation zone, and loss of aquatic
				vegetation. Trenching through banks and beaches alters habitat that supports
				fish life, substrate characteristics, and therefore the productivity of the
				nearshore zone.
(3)
Utility
				crossing design:
The design and location of utility crossings must
				follow the mitigation sequence to protect saltwater habitats of special
				concern.
(4)
Utility crossing
				construction:
(a) Excavate and install
				cables, sewer lines, and other utilities using equipment and techniques that
				minimize adverse impacts to fish life and the habitat that supports fish
				life.
(b) The department will
				require a seagrass/macroalgae habitat survey for new construction unless the
				department can determine the project will not impact seagrass and kelp beds,
				and in herring spawning beds, other macroalgae used as spawning substrate. A
				survey is not required to replace an existing structure within its original
				footprint.
(c) If a preconstruction
				seagrass/macroalgae habitat survey was performed, reestablish the utility line
				centerline during construction using the same methodology used to establish the
				centerline during the seagrass/macroalgae habitat survey.
(d) A person must not excavate trenches
				within the beach area when tidal waters cover the work area. The department may
				allow stockpiling of sand, gravel, and other coarse material waterward of the
				OHWL. Place this material within the designated work corridor waterward of the
				OHWL. Remove all excavated or stockpiled material from the beach within
				seventy-two hours of the end of construction.
(e) Do not stockpile excavated materials
				containing silt, clay, or fine-grained soil or bed material waterward of the
				OWHL.
(f) Backfill all
				construction-related trenches, depressions, or holes that are waterward of the
				OHWL before they are filled by tidal waters.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-450 - Test boring in saltwater areas

Current through Register Vol. 24-14, July 15, 2024
(1)
Description:
Boring is used
				to obtain information about the physical properties of the bed. This
				information is often needed to design foundations for proposed structures and
				to repair existing structures. Test boring is also commonly used to gather
				information about the contamination levels of sediment proposed for
				dredging.
(2)
Fish life
				concerns:
Boring-related impacts to fish life are usually minor and
				short term. Short-term impacts from the project include increased turbidity and
				noise levels and small vibrations created mainly from the drill rig.
(3)
Boring construction:
While
				boring, a person must:
(a) Take samples only
				within the project area approved by the department;
(b) Conduct boring in a manner that minimizes
				turbidity and discharge of silt to the water column as follows:
(i) Completely contain each boring and cone
				penetration action within the casing;
(ii) Do not discharge turbid or slurry-laden
				process water into state waters;
(iii) Minimize suspending sediment while
				collecting samples. Place all excess sediment and water derived during coring
				activities in proper containers, labeled, characterized, and disposed of by the
				operators in accordance with the appropriate guidelines; and
(iv) Deposit all waste material such as drill
				spoils and cuttings, construction debris, silt, excess dirt, excess gravel, or
				overburden resulting from this project in an upland location so that it does
				not enter waters of the state.
(c) Check drilling equipment daily for leaks
				and maintain it in good repair to prevent lubricants, grease, and any other
				deleterious materials from entering state waters.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-460 - Informal appeal of administrative actions

Current through Register Vol. 24-14, July 15, 2024
An informal appeal is an internal department review of a
				  department HPA decision and is conducted under chapter 34.05 RCW
				  (Administrative Procedure Act).
(1)
				The department recommends that a person aggrieved by a department HPA decision
				contact the department employee responsible for making the decision before
				initiating an informal appeal. Discussion of concerns with the department
				employee often results in a resolution without the need for an informal
				appeal.
(2) The department
				encourages a person aggrieved by a department HPA decision to take advantage of
				the informal appeal process before initiating a formal appeal. However, a
				person may pursue a formal appeal under WAC
				220-660-470
				without first obtaining informal review under this section.
This rule does not apply to pamphlet HPAs. A person who
				  disagrees with a provision in a pamphlet HPA may apply for an individual,
				  written HPA.
This rule does not apply to correction requests issued
				  following a technical assistance visit or compliance inspection under WAC
				  220-660-480.
(3) Requesting an informal appeal.
(a) Any person with legal standing may
				request an informal appeal of the issuance, denial, provisioning, or
				modification of an HPA, the rejection of a fish habitat enhancement project
				application, or a preapplication determination.
(b) Issuance of a stop work order or notice
				to comply may be informally appealed only by the project proponent who received
				the notice or order or by the owner of the land on which the hydraulic project
				is located.
(c) Issuance of a
				notice of civil penalty may be informally appealed only by the person incurring
				the penalty.
Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-660 - Hydraulic code rules › Section 220-660-470 - Formal appeal of administrative actions

Current through Register Vol. 24-14, July 15, 2024
A formal appeal is an appeal to the pollution control
				  hearings board (board) under chapters 34.05 RCW and 371-08 WAC.
(1) The department recommends that a person
				aggrieved by a department HPA decision contact the department employee
				responsible for making the decision on the HPA before initiating a formal
				appeal. Discussion of concerns with the department employee often results in a
				resolution without the need for a formal appeal.
(2) The department encourages a person
				aggrieved by a department HPA decision to take advantage of the informal appeal
				process under WAC
				220-660-460
				before initiating a formal appeal. However, a person may pursue a formal appeal
				under this section without first completing the informal appeal process under
				WAC
				220-660-460.
This rule does not apply to pamphlet HPAs. A person who
				  disagrees with a provision in a pamphlet HPA may apply for an individual,
				  written HPA.
This rule does not apply to correction requests issued
				  following a technical assistance visit or compliance inspection, under WAC
				  220-660-480.
(3) Requesting a formal appeal.
(a) Any person with standing may request a
				formal appeal of the issuance, denial, provisioning, or modification of an HPA;
the rejection of a fish habitat enhancement project
				  application for streamlined processing; a notice of intent to disapprove HPA
				  applications; or a preapplication determination.
(b) Issuance of a stop work order, notice to
				comply, or notice of intent to disapprove HPA applications, may be formally
				appealed only by a person who received the order or notice from the department
				or by the owner of the land on which the hydraulic project is
				located.
(c) Issuance of a notice
				of civil penalty may be formally appealed only by the person incurring the
				penalty.