WACs > Title 220 > Chapter 220-110

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220-110-010
Purpose.

  It is the intent of the department to provide protection for all fish life through the development of a statewide system of consistent and predictable rules. The department will coordinate with other local, state, and federal regulatory agencies, and tribal governments, to minimize regulatory duplication. Pursuant to chapter 75.20 RCW, this chapter establishes regulations for the construction of hydraulic project(s) or performance of other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, and sets forth procedures for obtaining a hydraulic project approval (HPA). In addition, this chapter incorporates criteria generally used by the department for project review and conditioning HPAs.

     The technical provisions in WAC 220-110-040 through220-110-338 represent common provisions for the protection of fish life for typical projects proposed to the department. Implementation of these provisions is necessary to minimize project specific and cumulative impacts to fish life. These regulations reflect the best available science and practices related to protection of fish life. The department will incorporate new information as it becomes available, and to allow for alternative practices that provide equal or greater protection for fish life.

     The technical provisions shall apply to a hydraulic project when included as provisions on the HPA. Each application shall be reviewed on an individual basis. Common technical provisions applicable to a specific project may be modified or deleted by the department pursuant to WAC 220-110-032. HPAs may also be subject to additional special provisions to address project or site-specific considerations not adequately addressed by the common technical provisions.



[Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-010, filed 6/4/97, effective 7/5/97; 94-23-058 (Order 94-160), § 220-110-010, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-010, filed 7/20/87. Statutory Authority: RCW 75.08.012, 75.08.080 and 75.20.100. 84-04-047 (Order 84-04), § 220-110-010, filed 1/30/84. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-010, filed 4/13/83.]

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220-110-020
Definitions.

  As used in this chapter, unless the context clearly requires otherwise:

     (1) "Abandoning an excavation site" means not working an excavation site for forty-eight hours or longer.

     (2) "Aggregate" means a mixture of minerals separable by mechanical or physical means.

     (3) "Aquatic beneficial plant" means native and nonnative aquatic plants not prescribed by RCW 17.10.010(10), and that are of value to fish life.

     (4) "Aquatic noxious weed" means an aquatic weed on the state noxious weed list as prescribed by RCW 17.10.010(10).

     (5) "Aquatic plant" means any aquatic noxious weed and aquatic beneficial plant that occurs within the ordinary high water line of waters of the state.

     (6) "Artificial materials" means clean, inert materials that you use to construct diversion structures for mineral prospecting.

     (7) "Bank" means any land surface above the ordinary high water line that adjoins a body of water and contains it except during floods. Bank also includes all land surfaces of islands above the ordinary high water line that adjoin a body of water and that are below the flood elevation of their surrounding body of water.

     (8) "Beach area" means the beds between the ordinary high water line and extreme low tide.

     (9) "Bed" means the land below the ordinary high water lines of state waters. This definition shall not include irrigation ditches, canals, storm water run-off devices, or other artificial watercourses except where they exist in a natural watercourse that has been altered by man.

     (10) "Bed materials" means naturally occurring material, including, but not limited to, gravel, cobble, rock, rubble, sand, mud and aquatic plants, found in the beds of state waters. Bed materials may be found in deposits or bars above the wetted perimeter of water bodies.

     (11) "Biodegradable" means material that is capable of being readily decomposed by biological means, such as by bacteria.

     (12) "Bioengineering" means project designs or construction methods which use live woody vegetation or a combination of live woody vegetation and specially developed natural or synthetic materials to establish a complex root grid within the existing bank which is resistant to erosion, provides bank stability, and maintains a healthy riparian environment with habitat features important to fish life. Use of wood structures or limited use of clean angular rock may be allowable to provide stability for establishment of the vegetation.

     (13) "Bottom barrier or screen" means synthetic or natural fiber sheets of material used to cover and kill plants growing on the bottom of a watercourse.

     (14) "Boulder" means a stream substrate particle larger than ten inches in diameter.

     (15) "Bulkhead" means a vertical or nearly vertical erosion protection structure placed parallel to the shoreline consisting of concrete, timber, steel, rock, or other permanent material not readily subject to erosion.

     (16) "Classify" means to sort aggregate by hand or through a screen, grizzly, or similar device to remove the larger material and concentrate the remaining aggregate.

     (17) "Cofferdam" means a temporary enclosure used to keep water from a work area.

     (18) "Complete written application" means any document that serves as application for a written hydraulic project approval under WAC 220-110-030 which is signed and dated by the applicant and authorized agent, if one is acting for the applicant, and contains general plans for the overall project, complete plans and specifications for the proposed construction or work waterward of the mean higher high water line in salt water, or waterward of the ordinary high water line in fresh water, complete plans and specifications for the proper protection of fish life, and notice of compliance with any applicable requirements of the State Environmental Policy Act, chapter 43.21C RCW, unless otherwise provided for in chapter 77.55 RCW.

     (19) "Concentrator" means a device used to physically or mechanically separate the valuable mineral content from aggregate.

     (20) "Control" means level of treatment of aquatic noxious weeds as prescribed by RCW 17.10.010(5).

     (21) "Crevicing" means removing aggregate from cracks and crevices using hand-held mineral prospecting tools or water pressure.

     (22) "Department" means the Washington department of fish and wildlife.

     (23) "Diver-operated dredging" means the use of portable suction or hydraulic dredges held by SCUBA divers to remove aquatic plants.

     (24) "Drawdown" means decreasing the level of standing water in a watercourse to expose bottom sediments and rooted plants.

     (25) "Dredging" means removal of bed material using other than hand-held tools.

     (26) "Early infestation" means an aquatic noxious weed whose stage of development, life history, or area of coverage makes one hundred percent control and eradication as prescribed by RCW 17.10.010(5) likely to occur.

     (27) "Emergency" means an immediate threat to life, public or private property, or an immediate threat of serious environmental degradation, arising from weather or stream flow conditions, other natural conditions, or fire.

     (28) "Entrained" means the entrapment of fish into a watercourse diversion without the presence of a screen, into high velocity water along the face of an improperly designed screen, or into the vegetation cut by a mechanical harvester.

     (29) "Equipment" means any device powered by internal combustion; hydraulics; electricity, except less than one horsepower; or livestock used as draft animals, except saddle horses; and the lines, cables, arms, or extensions associated with the device.

     (30) "Eradication": See "control."

     (31) "Established ford" means a crossing place in a watercourse that was in existence and annually used prior to 1986 or subsequently permitted by the department, and has identifiable approaches on the banks.

     (32) "Excavation site" means the pit, furrow, or hole from which you remove aggregate to process and recover minerals or into which wastewater is discharged to settle out sediments.

     (33) "Extreme low tide" means the lowest level reached by a receding tide.

     (34) "Farm and agricultural land" means those lands identified as such in RCW 84.34.020.

     (35) "Filter blanket" means a layer or combination of layers of pervious materials (organic, mineral, or synthetic) designed and installed in such a manner as to provide drainage, yet prevent the movement of soil particles due to flowing water.

     (36) "Fish life" means all fish species, including but not limited to food fish, shellfish, game fish, and other nonclassified fish species and all stages of development of those species.

     (37) "Fishway" means any facility or device that is designed to enable fish to effectively pass around or through an obstruction without undue stress or delay.

     (38) "Food fish" means those species of the classes Osteichthyes, Agnatha, and Chondrichthyes that shall not be fished for except as authorized by rule of the director of the Washington department of fish and wildlife.

     (39) "Frequent scour zone" means the area between the wetted perimeter and the toe of the slope, comprised of aggregate, boulders, or bedrock. Organic soils are not present in the frequent scour zone.

     (40) "Freshwater area" means those state waters and associated beds below the ordinary high water line that are upstream of river mouths including all lakes, ponds, and streams.

     (41) "Game fish" means those species of the class Osteichthyes that shall not be fished for except as authorized by rule of the Washington fish and wildlife commission.

     (42) "Ganged equipment" means two or more pieces of mineral prospecting equipment coupled together to increase efficiency. An example is adding a second sluice to a high-banker.

     (43) "General provisions" means those provisions that are contained in every HPA.

     (44) "Gold and Fish pamphlet" means a document that details the rules for conducting small-scale and other prospecting and mining activities, and which serves as the hydraulic project approval for certain mineral prospecting and mining activities in Washington state.

     (45) "Habitat improvement structures or stream channel improvements" means natural or human-made materials placed in or next to bodies of water to make existing conditions better for fish life. Rock flow deflectors, engineered logjams, and artificial riffles are examples.

     (46) "Hand cutting" means the removal or control of aquatic plants with the use of hand-held tools or equipment, or equipment that is carried by a person when used.

     (47) "Hand-held tools" means tools that are held by hand and are not powered by internal combustion, hydraulics, pneumatics, or electricity. Some examples of hand-held tools are shovels, rakes, hammers, pry bars and cable winches. This definition does not apply to hand-held tools used for mineral prospecting. See "hand-held mineral prospecting tools."

     (48) "Hand-held mineral prospecting tools" means:

     (a) Tools that you hold by hand and are not powered by internal combustion, hydraulics, or pneumatics. Examples include metal detectors, shovels, picks, trowels, hammers, pry bars, hand-operated winches, and battery-operated pumps specific to prospecting; and

     (b) Vac-pacs.

     (49) "Hatchery" means any water impoundment or facility used for the captive spawning, hatching, or rearing of fish and shellfish.

     (50) "High-banker" means a stationary concentrator that you can operate outside the wetted perimeter of the body of water from which the water is removed, using water supplied by hand or by pumping. A high-banker consists of a sluice box, hopper, and water supply. You supply aggregate to the high-banker by means other than suction dredging. This definition excludes rocker boxes. See Figure 1.





     (51) "High-banking" means using a high-banker to recover minerals.

     (52) "Hydraulic project" means construction or performance of other work that will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state. Hydraulic projects include forest practice activities, conducted pursuant to the forest practices rules (Title 222 WAC), that involve construction or performance of other work in or across the ordinary high water line of:

     (a) Type 1-3 waters; or

     (b) Type 4 and 5 waters with identifiable bed or banks where there is a hatchery water intake within two miles downstream; or

     (c) Type 4 and 5 waters with identifiable bed or banks within one-fourth mile of Type 1-3 waters where any of the following conditions apply:

     (i) Where the removal of timber adjacent to the stream is likely to result in entry of felled trees into flowing channels;

     (ii) Where there is any felling, skidding, or ground lead yarding through flowing water, or through dry channels with identifiable bed or banks with gradient greater than twenty percent;

     (iii) Where riparian or wetland leave trees are required and cable tailholds are on the opposite side of the channel;

     (iv) Where road construction or placement of culverts occurs in flowing water;

     (v) Where timber is yarded in or across flowing water;

     (d) Type 4 and 5 waters with identifiable bed or banks that are likely to adversely affect fish life, where the HPA requirement is noted by the department in response to the forest practice application.

     Hydraulic projects and associated permit requirements for specific project types are further defined in other sections of this chapter.

     (53) "Hydraulic project approval" or "HPA" means:

     (a) A written approval for a hydraulic project signed by the director of the department of fish and wildlife, or the director's designates; or

     (b) A verbal approval for an emergency hydraulic project from the director of the department of fish and wildlife, or the director's designates; or

     (c) The following printed pamphlet approvals:

     (i) A "Gold and Fish" pamphlet issued by the department, which identifies and authorizes specific minor hydraulic project activities for mineral prospecting and placer mining; or

     (ii) An "Irrigation and Fish" pamphlet issued by the department, which identifies and authorizes specific minor hydraulic project activities; or

     (iii) An "Aquatic Plants and Fish" pamphlet and any supplemental approvals to it issued by the department, which identifies and authorizes specific aquatic noxious weed and aquatic beneficial plant removal and control activities.

     (54) "Job site" means the space of ground including and immediately adjacent to the area where work is conducted under the authority of an HPA. For mineral prospecting and placer mining projects, the job site includes the excavation site.

     (55) "Joint aquatic resources permit application" or "JARPA" means a form provided by the department and other agencies which an applicant submits when requesting a written HPA for a hydraulic project.

     (56) "Lake" means any natural or impounded body of standing freshwater, except impoundments of the Columbia and Snake rivers.

     (57) "Large woody material" means trees or tree parts larger than four inches in diameter and longer than six feet, and rootwads, wholly or partially waterward of the ordinary high water line.

     (58) "Mean higher high water" or "MHHW," means the tidal elevation obtained by averaging each day's highest tide at a particular location over a period of nineteen years. It is measured from the mean lower low water = 0.0 tidal elevation.

     (59) "Mean lower low water" or "MLLW" means the 0.0 tidal elevation. It is determined by averaging each day's lowest tide at a particular location over a period of nineteen years. It is the tidal datum for vertical tidal references in the saltwater area.

     (60) "Mechanical harvesting and cutting" means the partial removal or control of aquatic plants with the use of aquatic mechanical harvesters, which cut and collect aquatic plants, and mechanical cutters, which only cut aquatic plants.

     (61) "Mineral prospect" means to excavate, process, or classify aggregate using hand-held mineral prospecting tools and mineral prospecting equipment.

     (62) "Mineral prospecting equipment" means any natural or manufactured device, implement, or animal (other than the human body) that you use in any aspect of prospecting for or recovering minerals.

     (63) "Mini high-banker" means a high-banker with a riffle area of three square feet or less. See Figure 2.



     (64) "Mini rocker box" means a rocker box with a riffle area of three square feet or less. See Figure 3.



     (65) "Mining" means the production activity that follows mineral prospecting.

     (66) "Mitigation" means actions that shall be required as provisions of the HPA to avoid or compensate for impacts to fish life resulting from the proposed project activity. The type(s) of mitigation required shall be considered and implemented, where feasible, in the following sequential order of preference:

     (a) Avoiding the impact altogether by not taking a certain action or parts of an action;

     (b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation;

     (c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;

     (d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action;

     (e) Compensating for the impact by replacing or providing substitute resources or environments; or

     (f) Monitoring the impact and taking appropriate corrective measures to achieve the identified goal.

     For projects with potentially significant impacts, a mitigation agreement may be required prior to approval. Replacement mitigation may be required to be established and functional prior to project construction.

     (67) "Natural conditions" means those conditions that arise in or are found in nature. This is not meant to include artificial or manufactured conditions.

     (68) "No-net-loss" means:

     (a) Avoidance or mitigation of adverse impacts to fish life; or

     (b) Avoidance or mitigation of net loss of habitat functions necessary to sustain fish life; or

     (c) Avoidance or mitigation of loss of area by habitat type.

     Mitigation to achieve no-net-loss should benefit those organisms being impacted.

     (69) "Ordinary high water line" or "OHWL" means the mark on the shores of all waters that will be found by examining the bed and banks and ascertaining where the presence and action of waters are so common and usual and so long continued in ordinary years, as to mark upon the soil or vegetation a character distinct from that of the abutting upland, provided that in any area where the ordinary high water line cannot be found, the ordinary high water line adjoining saltwater shall be the line of mean higher high water, and the ordinary high water line adjoining freshwater shall be the elevation of the mean annual flood.

     (70) "Pan" means an open metal or plastic dish that you operate by hand to separate gold or other minerals from aggregate by washing the aggregate. See Figure 4.





     (71) "Panning" means using a pan to wash aggregate.

     (72) "Person" means an individual or a public or private entity or organization. The term "person" includes local, state, and federal government agencies, and all business organizations.

     (73) "Placer" means a glacial or alluvial deposit of gravel or sand containing eroded particles of minerals.

     (74) "Pool" means a portion of the stream with reduced current velocity, often with water deeper than the surrounding areas.

     (75) "Power sluice" means "high-banker."

     (76) "Power sluice/suction dredge combination" means a machine that can be used as a power sluice, or with minor modifications, as a suction dredge. See Figure 5.



     (77) "Process aggregate" or "processing aggregate" means the physical or mechanical separation of the valuable mineral content within aggregate.

     (78) "Prospecting" means the exploration for minerals and mineral deposits.

     (79) "Protection of fish life" means prevention of loss or injury to fish or shellfish, and protection of the habitat that supports fish and shellfish populations.

     (80) "Purple loosestrife" means Lythrum salicaria and Lythrum virgatum as prescribed in RCW 17.10.010(10) and defined in RCW 17.26.020 (5)(b).

     (81) "Redd" means a nest made in gravel, consisting of a depression dug by a fish for egg deposition, and associated gravel mounds. See Figure 6.



     (82) "Riffle" means the bottom of a concentrator containing a series of interstices or grooves to catch and retain a mineral such as gold.

     (83) "River or stream." See "watercourse."

     (84) "Rocker box" means a nonmotorized concentrator consisting of a hopper attached to a cradle and a sluice box that you operate with a rocking motion. See Figure 7.



     (85) "Rotovation" means the use of aquatic rotovators which have underwater rototiller-like blades to uproot aquatic plants as a means of plant control.

     (86) "Saltwater area" means those state waters and associated beds below the ordinary high water line and downstream of river mouths.

     (87) "Shellfish" means those species of saltwater and freshwater invertebrates that shall not be taken except as authorized by rule of the director of the department of fish and wildlife. The term "shellfish" includes all stages of development and the bodily parts of shellfish species.

     (88) "Slope" means:

     (a) Any land surface above the frequent scour zone and wetted perimeter that adjoins a body of water. Slope also includes land surfaces of islands above the frequent scour zone that adjoin a body of water; or

     (b) A stretch of ground forming a natural or artificial incline.

     (89) "Sluice" means a trough equipped with riffles across its bottom, which you use to recover gold and other minerals with the use of flowing water. See Figure 8.



     (90) "Spartina" means Spartina alterniflora, Spartina anglica, Spartina x townsendii, and Spartina patens as prescribed in RCW 17.10.010(10) and defined in RCW 17.26.020 (5)(a).

     (91) "Special provisions" means those conditions that are a part of the HPA, but are site- or project-specific, and are used to supplement or amend the technical provisions.

     (92) "Spiral wheel" means a hand-operated or battery powered rotating pan that you use to recover gold and minerals with the use of water. See Figure 9.



     (93) "Stable slope" means a slope without visible evidence of slumping, sloughing or other movement. Stable slopes will not show evidence of landslides, uprooted or tilted trees, exposed soils, water-saturated soils, and mud, or the recent erosion of soils and sediment. Woody vegetation is typically present on stable slopes.

     (94) "Stream-bank stabilization" means those projects which prevent or limit erosion, slippage, and mass wasting, including, but not limited to, bank resloping, log and debris relocation or removal, planting of woody vegetation, bank protection (physical armoring of banks using rock or woody material, or placement of jetties or groins), gravel removal, or erosion control.

     (95) "Suction dredge" means a machine that you use to move submerged aggregate via hydraulic suction. You process the aggregate through an attached sluice box for the recovery of gold and other minerals. See Figure 10.



     (96) "Suction dredging" means using a suction dredge for the recovery of gold and other minerals.

     (97) "Supplemental approval" means a written addendum issued by the department to an Aquatic Plants and Fish pamphlet HPA for approved exceptions to conditions of that pamphlet HPA or for any additional authorization by the department when required by the pamphlet HPA. See "hydraulic project approval."

     (98) "Tailings" means the waste material that remains after you process aggregate for minerals.

     (99) "Technical provisions" means those conditions that are a part of the HPA and apply to most projects of that nature.

     (100) "Toe of the bank" means the distinct break in slope between the stream bank or shoreline and the stream bottom or marine beach or bed, excluding areas of sloughing. For steep banks that extend into the water, the toe may be submerged below the ordinary high water line. For artificial structures, such as jetties or bulkheads, the toe refers to the base of the structure, where it meets the stream bed or marine beach or bed.

     (101) "Toe of the slope" means the base or bottom of a slope at the point where the ground surface abruptly changes to a significantly flatter grade.

     (102) "Unstable slope" means a slope with visible evidence of slumping, sloughing or other movement. Evidence of unstable slopes includes landslides, uprooted or tilted trees, exposed soils, water-saturated soils, and mud, or the recent erosion of soils and sediment. Woody vegetation is typically not present on unstable slopes.

     (103) "Vac-pac" means a motorized, portable vacuum used for prospecting. See Figure 11.



     (104) "Viable" means that any plant or plant part is capable of taking root or living when introduced into a body of water.

     (105) "Watercourse" and "river or stream" means any portion of a channel, bed, bank, or bottom waterward of the ordinary high water line of waters of the state, including areas in which fish may spawn, reside, or pass, and tributary waters with defined bed or banks, which influence the quality of fish habitat downstream. This includes watercourses which flow on an intermittent basis or which fluctuate in level during the year and applies to the entire bed of such watercourse whether or not the water is at peak level. This definition does not include irrigation ditches, canals, storm water run-off devices, or other entirely artificial watercourses, except where they exist in a natural watercourse that has been altered by humans.

     (106) "Water right" means a certificate of water right, a vested water right or a claim to a valid vested water right, or a water permit, pursuant to Title 90 RCW.

     (107) "Waters of the state" or "state waters" means all salt waters and fresh waters waterward of ordinary high water lines and within the territorial boundaries of the state.

     (108) "Water type" means water categories as defined in WAC 222-16-030 of the forest practice rules and regulations.

     (109) "Weed rolling" means the use of a mechanical roller designed to control aquatic plant growth.

     (110) "Wetted perimeter" means the areas of a watercourse covered with flowing or nonflowing water.

     (111) "Woody vegetation" means perennial trees and shrubs having stiff stems and bark. Woody vegetation does not include grasses, forbs, or annual plants.



[Statutory Authority: RCW 77.55.091(2), 77.12.047, and77.04.020 . 09-02-017 (Order 08-318), § 220-110-020, filed 12/29/08, effective 4/3/09. Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-020, filed 12/16/98, effective 1/16/99. Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-020, filed 6/4/97, effective 7/5/97; 94-23-058 (Order 94-160), § 220-110-020, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-020, filed 7/20/87. Statutory Authority: RCW 75.08.012, 75.08.080 and 75.20.100. 84-04-047 (Order 84-04), § 220-110-020, filed 1/30/84. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-020, filed 4/13/83.]

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220-110-030
Hydraulic project approvals — Procedures.

  (1) A person shall obtain an HPA before conducting a hydraulic project.

     (2) Receipt by the department of any one of the following documents constitutes an application for a written HPA:

     (a) A joint aquatic resources permit application (JARPA) submitted to the department;

     (b) A forest practice application submitted to the department of natural resources, if the hydraulic project is part of a forest practice as defined in WAC 222-16-010; or

     (c) A section 10 or 404 public notice circulated by the United States Army Corps of Engineers or United States Coast Guard.

     (3) You shall request a written HPA by submitting a complete written application to the department. You shall request a pamphlet HPA by following the procedures in WAC 220-110-031. Your application for a written HPA shall contain general plans for the overall project, complete plans and specifications for the proposed construction or work waterward of the MHHW line in salt water, or waterward of the OHWL in fresh water, complete plans and specifications for the proper protection of fish life, and notice of compliance with any applicable requirements of the State Environmental Policy Act, chapter 43.21C RCW, unless otherwise provided for in chapter 77.55 RCW. You and your authorized agent, if one is acting for you, must sign and date the application.

     (4) The department shall grant or deny approval within forty-five calendar days of the receipt of a complete written application. The department shall strive to issue HPAs in less than thirty days. The forty-five day requirement shall be suspended if:

     (a) The site is physically inaccessible for inspection;

     (b) You or your authorized agent, if one is acting for you, remains unavailable or unable to arrange for a timely field evaluation of the proposed project after ten working days of the department's receipt of the application;

     (c) You or your authorized agent, if one is acting for you, requests a delay;

     (d) The department is issuing a permit for a storm water discharge and is complying with the requirements of RCW 77.55.161 (3)(b); or

     (e) The department is reviewing the application as part of a multiagency permit streamlining effort and all participating permitting agencies and the permit applicant agree to an extended timeline longer than forty-five calendar days.

     (5) Immediately upon determination that the forty-five day period is suspended, the department shall notify the applicant in writing of the reasons for the delay.

     (6) The department or the county legislative authority may determine an imminent danger exists. The county legislative authority shall notify the department, in writing, if it determines that an imminent danger exists. In cases of imminent danger, the department shall issue an expedited written permit, upon request, for work to remove any obstructions, repair existing structures, restore banks, protect fish resources, or protect property.

     (7) The department may issue an expedited written HPA in those instances where normal processing would result in significant hardship for the applicant, or unacceptable environmental damage would occur.

     (8) Expedited HPA requests require a complete written application and shall take precedence over other nonemergency applications. These will be issued within fifteen calendar days of receipt of a complete written application. The provisions of the State Environmental Policy Act, chapter 43.21C RCW, are not required for expedited written HPAs.

     (9) The county legislative authority or the department may declare an emergency or continue an existing declaration of an emergency where there is an immediate threat to life, the public, property, or of environmental degradation. Upon the declaration of an emergency, the department shall grant verbal approval immediately upon request for a stream crossing, or work to remove any obstructions, repair existing obstructions, restore streambanks, protect fish life, or protect property threatened by the stream or a change in the stream flow. The verbal approval shall be obtained prior to commencing emergency work and the department must issue a written HPA reflecting the conditions of the verbal approval within thirty days. The provisions of the State Environmental Policy Act, chapter 43.21C RCW, are not required for emergency HPAs.

     (10) The department may accept written or verbal requests for time extensions, renewals, or alterations of an existing HPA. The request must be processed within forty-five calendar days of receipt of the request. Approvals of such requests shall be in writing. Transfer of an HPA to a new permittee requires written request by the original permittee or their authorized agent, if one is acting for the permittee, and such request shall include the HPA number. This written request shall be in a form acceptable to the department and shall include a statement that the new permittee agrees to be bound by the conditions in the HPA. The new permittee shall not conduct any project activities until the department has issued approval.

     (11) Each HPA is usually specific to a watercourse, stating the exact location of the project site, and usually consists of general, technical, and special provisions.

     (12) The written HPA, or clear reproduction, shall be on the project site when work is being conducted and shall be immediately available for inspection.

     (13) The department may grant HPAs for a period of up to five years. Permittees shall demonstrate substantial progress on construction of that portion of the project relating to the HPA within two years of the date of issuance. The following types of HPAs issued under RCW 77.55.021 shall remain in effect without the need for periodic renewal, provided the permittee notifies the department before commencing work each year:

     (a) Work of a seasonal nature that diverts water for irrigation or stock watering purposes; and

     (b) Stream-bank stabilization projects if the problem causing the erosion occurs on an annual or more frequent basis as demonstrated by the applicant. Evidence of erosion may include, but is not limited to, history of permit application, approval, or photographs. Periodic floodwaters by themselves do not constitute a problem that requires an HPA.

     (14) An HPA shall be denied when, in the judgment of the department, the project will result in direct or indirect harm to fish life, unless adequate mitigation can be assured by conditioning the HPA or modifying the proposal. If approval is denied, the department shall provide the applicant, in writing, a statement of the specific reason(s) why and how the proposed project would adversely affect fish life.

     (15) Protection of fish life shall be the only grounds upon which the department may deny or condition an HPA.

     (16) The department may place specific time limitations on project activities in HPAs to protect fish life.

     (17) HPAs do not exempt the applicant from obtaining other appropriate permits and following the rules or regulations of local, federal, and other Washington state agencies.

     (18) The department shall administer this chapter in compliance with SEPA, chapter 43.21C RCW, and chapters197-11, 220-100, and 232-19 WAC.

     (19) The department may, after consultation with the permittee, modify an HPA due to changed conditions. The modification becomes effective unless appealed to the department or the hydraulic appeals board as specified in RCW 77.55.021(4), 77.55.301(5), WAC 220-110-340 and 220-110-350.



[Statutory Authority: RCW 77.55.091(2), 77.12.047, and77.04.020 . 09-02-017 (Order 08-318), § 220-110-030, filed 12/29/08, effective 4/3/09. Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-030, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-030, filed 7/20/87. Statutory Authority: RCW 75.08.012, 75.08.080 and 75.20.100. 84-21-060 (Order 84-176), § 220-110-030, filed 10/15/84; 84-04-047 (Order 84-04), § 220-110-030, filed 1/30/84. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-030, filed 4/13/83.]

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220-110-031
Pamphlet hydraulic project approvals — Procedures.

  (1) In those instances where a pamphlet is the equivalent of a hydraulic project approval (HPA) as defined in WAC 220-110-020(53), a person shall obtain a pamphlet HPA issued by the department, which identifies and authorizes specific minor hydraulic project activities before conducting a hydraulic project.

     (2) You may submit requests for pamphlet HPAs to the department verbally or in writing.

     (3) The department may grant exceptions to a pamphlet HPA if you apply for a written HPA as described in WAC 220-110-030, or for supplemental approvals to the Aquatic Plants and Fish pamphlet HPA as defined in WAC 220-110-020(53) and 220-110-020(96). Exceptions to a pamphlet HPA shall require written authorization by the department.

     (4) You may submit applications for Aquatic Plants and Fish pamphlet supplemental approvals verbally or in writing to the department.

     (a) Your supplemental approval application shall specify the requested exception or request for additional authorization and shall include your name, address and phone number. You shall sign and date written applications.

     (b) The department shall grant or deny a request for a supplemental approval within forty-five calendar days of the receipt of a request for supplemental approval.

     (5) Except as provided in WAC 220-110-201, you shall have the pamphlet HPA, and any supplemental approvals to it on the job site when work is being conducted and shall make them immediately available for inspection upon request.

     (6) Pamphlet HPAs do not exempt you from obtaining other appropriate permits and following the rules and regulations of local, federal, and other Washington state agencies.



[Statutory Authority: RCW 77.55.091(2), 77.12.047, and77.04.020 . 09-02-017 (Order 08-318), § 220-110-031, filed 12/29/08, effective 4/3/09. Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-031, filed 12/16/98, effective 1/16/99. Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-031, filed 6/4/97, effective 7/5/97.]

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220-110-032
Modification of technical provisions.

  Technical provisions applicable to a specific project may be modified or deleted by the department where any of the following is demonstrated:

     (1) The provision has no logical application to a project;

     (2) The applicant provides an alternate plan to the provision and demonstrates that it provides equal or greater protection for fish life;

     (3) Enforcement of the provision would result in denial and there is adequate mitigation to allow the project and achieve no-net-loss of fish life or productive fish or shellfish habitat;

     (4) The modification or deletion of the provision will not contribute to net loss of fish life;

     (5) The proposal is part of an approved clean-up action under Model Toxics Control Act; Comprehensive Environmental Response Compensation and Liability Act; or Superfund Amendment and Reauthorization Act; or

     (6) The technical provisions conflict with applicable local, state, or federal regulations that provide adequate protection for fish life.

     HPAs may also be subject to additional special provisions to address project or site-specific considerations not adequately addressed by the technical provisions, or to implement management prescriptions developed through watershed analysis. The HPA will include all of the technical provisions with which an applicant will be required to comply.



[Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-032, filed 11/14/94, effective 12/15/94.]

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220-110-035
Miscellaneous hydraulic projects — Permit requirements and exemptions.

  (1) Operators of mechanical or hydraulic clam harvesters shall be required to obtain an HPA and comply with provisions of WAC 220-52-018, and shall obtain and comply with the provisions of the department's permit to operate a clam harvesting machine.

     (2) An activity conducted solely for the removal or control of spartina does not require an HPA. An activity conducted solely for the removal or control of purple loosestrife and which is performed with hand-held tools, hand-held equipment, or equipment carried by a person when used does not require an HPA. Any other activity conducted solely for the removal or control of aquatic noxious weeds or aquatic beneficial plants shall require either a copy of the current Aquatic Plants and Fish pamphlet HPA available from the department or an individual HPA.

     (3) The installation, by hand or hand-held tools, of small scientific markers, oyster stakes, boundary markers, or property line markers does not require an HPA.

     (4) Driving a vehicle or operating equipment on or across an established ford does not require an HPA. However, ford repair with equipment or construction work waterward of the ordinary high water lines requires an HPA. Driving a vehicle or operating equipment on or across wetted stream beds at areas other than established fords requires an HPA. HPAs for new fords issued subsequent to January 1995 shall require that the entry and exit points of the ford not exceed one hundred feet upstream or downstream of each other.

     (5) A person conducting a remedial action under a consent decree, order, or agreed order, pursuant to chapter 70.105D RCW, and the department of ecology when it conducts a remedial action, are exempt from the procedural requirements of the Hydraulic Code. Compliance with the substantive provisions of the Hydraulic Code is required.

     (6) The technical and special provisions of an individual or a pamphlet HPA shall be followed by the permit holder, equipment operator(s), and other individuals conducting the project.

     (7) The legislature expressed the intent in RCW 76.09.030(2) for closer integration of the forest practices and hydraulics permitting processes. Pursuant to chapter 76.09 RCW, the forest practices board has adopted rules that include fish protection measures normally included in hydraulic project approvals for projects in nonfish bearing waters. Based on the fish protection measures contained in chapters222-16, 222-24 and 222-30 WAC, and fish protection measures contained in the forest practices board manual described in WAC 222-12-090, forest practices, as defined in chapter 76.09 RCW, conducted under an approved forest practices application or notification issued by the department of natural resources, and conducted in or across type Np or Ns waters as defined in WAC 222-16-030 (Type 4 or Type 5 Waters, respectively, as defined in WAC 222-16-031), do not require an HPA.



[Statutory Authority: RCW 77.12.047. 04-23-062 (Order 04-299), § 220-110-035, filed 11/15/04, effective 6/1/05. Statutory Authority: RCW 75.08.080. 97-13-001 (Order 97-84), § 220-110-035, filed 6/4/97, effective 7/5/97; 94-23-058 (Order 94-160), § 220-110-035, filed 11/14/94, effective 12/15/94.]

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220-110-040
Freshwater technical provisions.

  WAC 220-110-050 through 220-110-225 set forth technical provisions that shall apply to freshwater hydraulic projects. Certain technical provisions shall be required depending upon the individual proposal and site specific characteristics. Additional special provisions may be included as necessary to address site-specific conditions. Those provisions, where applicable, shall be contained in the hydraulic project approval, as necessary to protect fish life. Saltwater provisions referenced in WAC 220-110-230 through 220-110-330 may be applied to tidally influenced areas upstream of river mouths and the mainstem Columbia River downstream of Bonneville Dam, where applicable.



[Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-040, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-040, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-040, filed 4/13/83.]

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220-110-050
Bank protection.

  Bio-engineering is the preferred method of bank protection where practicable. Bank protection projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to bank protection projects:

     (1) Bank protection work shall be restricted to work necessary to protect eroding banks.

     (2) Bank protection material placement waterward of the ordinary high water line shall be restricted to the minimum amount necessary to protect the toe of the bank, or for installation of mitigation features approved by the department.

     (3) The toe shall be designed to protect the integrity of bank protection material.

     (4) Bank sloping shall be accomplished in a manner that avoids release of overburden material into the water. Overburden material resulting from the project shall be deposited so as not to reenter the water.

     (5) Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. All disturbed areas shall be protected from erosion, within seven calendar days of completion of the project, using vegetation or other means. The banks, including riprap areas, shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them.

     (6) Fish habitat components such as logs, stumps, and/or large boulders may be required as part of the bank protection project to mitigate project impacts. These fish habitat components shall be installed according to an approved design to withstand 100-year peak flows.

     (7) When rock or other hard materials are approved for bank protection, the following provisions shall apply:

     (a) Bank protection material shall be angular rock. The project shall be designed and the rock installed to withstand 100-year peak flows. River gravels shall not be used as exterior armor, except as specifically approved by the department.

     (b) Bank protection and filter blanket material shall be placed from the bank or a barge. Dumping onto the bank face shall be permitted only if the toe is established and the material can be confined to the bank face.



[Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-050, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-050, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-050, filed 4/13/83.]

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220-110-060
Construction of freshwater docks, piers, and floats and the driving or removal of piling.

  All pier, dock, float, and piling construction projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to freshwater dock, pier, and float construction projects and the driving or removal of piling:

     (1) Excavation for and placement of the footings and foundation shall be landward of the ordinary high water line unless the construction site is separated from state waters by use of an approved dike, cofferdam, or similar structure.

     (2) Alteration or disturbance of the bank and bank vegetation shall be limited to that necessary to construct the project. All disturbed areas shall be protected from erosion, within seven days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them.

     (3) Removal of existing or temporary structures shall be accomplished so that the structure and associated material does not reenter the watercourse.

     (4) All piling, lumber, or other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. The use of wood treated with creosote or pentachlorophenol is not allowed in lakes.

     (5) Skirting or other structures shall not be constructed around piers, docks, or floats unless specifically approved in the HPA.

     (6) Floatation for the structure shall be enclosed and contained, when necessary, to prevent the breakup or loss of the floatation material into the water.

     (7) All work operations shall be conducted in such a manner that causes little or no siltation to adjacent areas. If at any time, fish are observed in distress, a fish kill occurs, or water quality problems develop as a result of a pier, dock, float, or piling project, construction operations shall cease and the permittee or authorized agent shall immediately contact the department.

     (8) Removal of aquatic vegetation shall be limited to that necessary to gain access to construct the project.



[Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-060, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-060, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-060, filed 4/13/83.]

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220-110-070
Water crossing structures.

  In fish bearing waters, bridges are preferred as water crossing structures by the department in order to ensure free and unimpeded fish passage for adult and juvenile fishes and preserve spawning and rearing habitat. Pier placement waterward of the ordinary high water line shall be avoided, where practicable. Other structures which may be approved, in descending order of preference, include: Temporary culverts, bottomless arch culverts, arch culverts, and round culverts. Corrugated metal culverts are generally preferred over smooth surfaced culverts. Culvert baffles and downstream control weirs are discouraged except to correct fish passage problems at existing structures.

     An HPA is required for construction or structural work associated with any bridge structure waterward of or across the ordinary high water line of state waters. An HPA is also required for bridge painting and other maintenance where there is potential for wastage of paint, sandblasting material, sediments, or bridge parts into the water, or where the work, including equipment operation, occurs waterward of the ordinary high water line. Exemptions/5-year permits will be considered if an applicant submits a plan to adhere to practices that meet or exceed the provisions otherwise required by the department.

     Water crossing structure projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to water crossing structures:

     (1) Bridge construction.

     (a) Excavation for and placement of the foundation and superstructure shall be outside the ordinary high water line unless the construction site is separated from waters of the state by use of an approved dike, cofferdam, or similar structure.

     (b) The bridge structure or stringers shall be placed in a manner to minimize damage to the bed.

     (c) Alteration or disturbance of bank or bank vegetation shall be limited to that necessary to construct the project. All disturbed areas shall be protected from erosion, within seven calendar days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them.

     (d) Removal of existing or temporary structures shall be accomplished so that the structure and associated material does not enter the watercourse.

     (e) The bridge shall be constructed, according to the approved design, to pass the 100-year peak flow with consideration of debris likely to be encountered. Exception shall be granted if applicant provides hydrologic or other information that supports alternative design criteria.

     (f) Wastewater from project activities and water removed from within the work area shall be routed to an area landward of the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to state waters.

     (g) Structures containing concrete shall be sufficiently cured prior to contact with water to avoid leaching.

     (h) Abutments, piers, piling, sills, approach fills, etc., shall not constrict the flow so as to cause any appreciable increase (not to exceed .2 feet) in backwater elevation (calculated at the 100-year flood) or channel wide scour and shall be aligned to cause the least effect on the hydraulics of the watercourse.

     (i) Riprap materials used for structure protection shall be angular rock and the placement shall be installed according to an approved design to withstand the 100-year peak flow.

     (2) Temporary culvert installation.

     The allowable placement of temporary culverts and time limitations shall be determined by the department, based on the specific fish resources of concern at the proposed location of the culvert.

     (a) Where fish passage is a concern, temporary culverts shall be installed according to an approved design to provide adequate fish passage. In these cases, the temporary culvert installation shall meet the fish passage design criteria in Table 1 in subsection (3) of this section.

     (b) Where culverts are left in place during the period of September 30 to June 15, the culvert shall be designed to maintain structural integrity to the 100-year peak flow with consideration of the debris loading likely to be encountered.

     (c) Where culverts are left in place during the period June 16 to September 30, the culvert shall be designed to maintain structural integrity at a peak flow expected to occur once in 100 years during the season of installation.

     (d) Disturbance of the bed and banks shall be limited to that necessary to place the culvert and any required channel modification associated with it. Affected bed and bank areas outside the culvert shall be restored to preproject condition following installation of the culvert.

     (e) The culvert shall be installed in the dry, or in isolation from stream flow by the installation of a bypass flume or culvert, or by pumping the stream flow around the work area. Exception may be granted if siltation or turbidity is reduced by installing the culvert in the flowing stream. The bypass reach shall be limited to the minimum distance necessary to complete the project. Fish stranded in the bypass reach shall be safely removed to the flowing stream.

     (f) Wastewater, from project activities and dewatering, shall be routed to an area outside the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to state waters.

     (g) Imported fill which will remain in the stream after culvert removal shall consist of clean rounded gravel ranging in size from one-quarter to three inches in diameter. The use of angular rock may be approved from June 16 to September 30, where rounded rock is unavailable. Angular rock shall be removed from the watercourse and the site restored to preproject conditions upon removal of the temporary culvert.

     (h) The culvert and fill shall be removed, and the disturbed bed and bank areas shall be reshaped to preproject configuration. All disturbed areas shall be protected from erosion, within seven days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors need to be considered.

     (i) The temporary culvert shall be removed and the approaches shall be blocked to vehicular traffic prior to the expiration of the HPA.

     (j) Temporary culverts may not be left in place for more than two years from the date of issuance of the HPA.

     (3) Permanent culvert installation.

     (a) In fish bearing waters or waters upstream of a fish passage barrier (which can reasonably be expected to be corrected, and if corrected, fish presence would be reestablished), culverts shall be designed and installed so as not to impede fish passage. Culverts shall only be approved for installation in spawning areas where full replacement of impacted habitat is provided by the applicant.

     (b) To facilitate fish passage, culverts shall be designed to the following standards:

     (i) Culverts may be approved for placement in small streams if placed on a flat gradient with the bottom of the culvert placed below the level of the streambed a minimum of twenty percent of the culvert diameter for round culverts, or twenty percent of the vertical rise for elliptical culverts (this depth consideration does not apply within bottomless culverts). Footings of bottomless culverts shall be buried sufficiently deep so they will not become exposed by scour within the culvert. The twenty percent placement below the streambed shall be measured at the culvert outlet. The culvert width at the bed, or footing width, shall be equal to or greater than the average width of the bed of the stream.

     (ii) Where culvert placement is not feasible as described in (b)(i) of this subsection, the culvert design shall include the elements in (b)(ii)(A) through (E) of this subsection:

     (A) Water depth at any location within culverts as installed and without a natural bed shall not be less than that identified in Table 1. The low flow design, to be used to determine the minimum depth of flow in the culvert, is the two-year seven-day low flow discharge for the subject basin or ninety-five percent exceedance flow for migration months of the fish species of concern. Where flow information is unavailable for the drainage in which the project will be conducted, calibrated flows from comparable gauged drainages may be used, or the depth may be determined using the installed no-flow condition.

     (B) The high flow design discharge, used to determine maximum velocity in the culvert (see Table 1), is the flow that is not exceeded more than ten percent of the time during the months of adult fish migration. The two-year peak flood flow may be used where stream flow data are unavailable.

     (C) The hydraulic drop is the abrupt drop in water surface measured at any point within or at the outlet of a culvert. The maximum hydraulic drop criteria must be satisfied at all flows between the low and high flow design criteria.

     (D) The bottom of the culvert shall be placed below the natural channel grade a minimum of twenty percent of the culvert diameter for round culverts, or twenty percent of the vertical rise for elliptical culverts (this depth consideration does not apply within bottomless culverts). The downstream bed elevation, used for hydraulic calculations and culvert placement in relation to bed elevation, shall be taken at a point downstream at least four times the average width of the stream (this point need not exceed twenty-five feet from the downstream end of the culvert). The culvert capacity for flood design flow shall be determined by using the remaining capacity of the culvert.

Table 1

Fish Passage Design Criteria for Culvert Installation

Criteria	Adult Trout > 6 in. (150mm)	Adult Pink, Chum Salmon	Adult Chinook, Coho, Sockeye, Steelhead
1. Velocity, Maximum (fps)
Culvert Length (ft)
a. 10 - 60	4.0	5.0	6.0
b. 60 - 100	4.0	4.0	5.0
c. 100 - 200	3.0	3.0	4.0
d. > 200	2.0	2.0	3.0
2. Flow Depth Minimum (ft)	0.8	0.8	1.0
3. Hydraulic Drop, Maximum (ft)	0.8	0.8	1.0

     (E) Appropriate statistical or hydraulic methods must be applied for the determination of flows in (b)(ii)(A) and (B) of this subsection. These design flow criteria may be modified for specific proposals as necessary to address unusual fish passage requirements, where other approved methods of empirical analysis are provided, or where the fish passage provisions of other special facilities are approved by the department.

     (F) Culvert design shall include consideration of flood capacity for current conditions and future changes likely to be encountered within the stream channel, and debris and bedload passage.

     (c) Culverts shall be installed according to an approved design to maintain structural integrity to the 100-year peak flow with consideration of the debris loading likely to be encountered. Exception may be granted if the applicant provides justification for a different level or a design that routes that flow past the culvert without jeopardizing the culvert or associated fill.

     (d) Disturbance of the bed and banks shall be limited to that necessary to place the culvert and any required channel modification associated with it. Affected bed and bank areas outside the culvert and associated fill shall be restored to preproject configuration following installation of the culvert, and the banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them.

     (e) Fill associated with the culvert installation shall be protected from erosion to the 100-year peak flow.

     (f) Culverts shall be designed and installed to avoid inlet scouring and shall be designed in a manner to prevent erosion of streambanks downstream of the project.

     (g) Where fish passage criteria are required, the culvert facility shall be maintained by the owner(s), such that fish passage design criteria in Table 1 are not exceeded. If the structure becomes a hindrance to fish passage, the owner shall be responsible for obtaining a HPA and providing prompt repair.

     (h) The culvert shall be installed in the dry or in isolation from the stream flow by the installation of a bypass flume or culvert, or by pumping the stream flow around the work area. Exception may be granted if siltation or turbidity is reduced by installing the culvert in the flowing stream. The bypass reach shall be limited to the minimum distance necessary to complete the project. Fish stranded in the bypass reach shall be safely removed to the flowing stream.

     (i) Wastewater, from project activities and dewatering, shall be routed to an area outside the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to state waters.



[Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-070, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-070, filed 4/13/83.]

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220-110-080
Channel change/realignment.

  Channel changes/realignments are generally discouraged, and shall only be approved where the applicant can demonstrate benefits or lack of adverse impact to fish life. Channel change/realignment projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to channel change and channel realignment projects:

     When approved, a channel change may occur provided:

     (1) Permanent new channels shall, at a minimum, be similar in length, width, depth, flood plain configuration, and gradient, as the old channel. The new channel shall incorporate fish habitat components, bed materials, meander configuration, and native or other approved vegetation equivalent to or greater than that which previously existed in the old channel.

     (2) During construction, the new channel shall be isolated from the flowing stream by plugs at the upstream and downstream ends of the new channel.

     (3) Before water is diverted into a permanent new channel, the applicant shall complete the following actions:

     (a) Approved fish habitat components, bed materials and bank protection to prevent erosion shall be in place.

     (b) Approved fish habitat components shall be installed according to an approved design to withstand the 100-year peak flows.

     (4) All disturbed areas shall be protected from erosion, within seven days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them.

     (5) Diversion of flow into a new channel shall be accomplished by: (a) First removing the downstream plug; (b) removing the upstream plug; and (c) closing the upstream end of the old channel.

     (6) Filling of the old channel shall begin from the upstream closure and the fill material shall be compacted. Water discharging from the fill shall not adversely impact fish life.

     (7) The angle of the structure used to divert the water into the new channel shall allow a smooth transition of water flow.

     (8) If fish may be adversely impacted as a result of this project, the permittee will be required to capture and safely move food fish, game fish or other fish life (at the discretion of the department) to the nearest free-flowing water. The permittee may request the department to assist in capturing and safely moving fish life from the job site to free-flowing water, and assistance may be granted if personnel are available.



[Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-080, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-080, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-080, filed 4/13/83.]

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220-110-100
Conduit crossing.

  Conduit crossing projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. An HPA is not required for conduit crossings attached to bridge structures. The following technical provisions shall apply to conduit crossing projects:

     (1) Conduit alignment shall be as nearly perpendicular to the watercourse as possible.

     (2) The conduit shall be installed at sufficient depth so that subsequent disturbance of the bed of the watercourse is avoided.

     (3) If the method used is boring or jacking:

     (a) Pits shall be isolated from surface water flow;

     (b) Wastewater, from project activities and dewatering, shall be routed to an area outside the ordinary high water line to allow removal of fine sediment and other contaminants prior to being discharged to state waters.

     (4) If the method used is trench excavation:

     (a) Trenches shall be excavated in the dry or shall be isolated from the flowing watercourse by the installation of a cofferdam, culvert, flume, or other approved method;

     (b) Plowing, placement, and covering shall occur in a single pass of the equipment;

     (c) Disturbance of the bed as a result of the plowing operation shall be limited to the amount necessary to complete the project.

     (5) Trenches shall be backfilled with approved materials and the bed shall be returned to preproject condition.

     (6) Excess spoils shall be disposed of so as not to reenter the watercourse.

     (7) The conduit approach trench shall be isolated from the watercourse until laying of the conduit across the watercourse takes place.

     (8) Alteration or disturbance of the banks and bank vegetation shall be limited to that necessary to construct the project. All disturbed areas shall be protected from erosion within seven days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them.



[Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-100, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-100, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-100, filed 4/13/83.]

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220-110-120
Temporary bypass culvert, flume, or channel.

  Temporary bypass culvert, flume, or channel projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to temporary bypass culvert, flume, or channel projects:

     (1) The temporary bypass culvert, flume, or channel shall be in place prior to initiation of other work in the wetted perimeter.

     (2) A sandbag revetment or similar device shall be installed at the inlet to divert the entire flow through the culvert, flume, or channel.

     (3) A sandbag revetment or similar device shall be installed at the downstream end of the culvert, flume, or channel to prevent backwater from entering the work area.

     (4) The culvert, flume, or channel shall be of sufficient size to pass flows and debris for the duration of the project.

     (5) For diversion of flow into a temporary channel the relevant provisions of WAC 220-110-080 shall apply.

     (6) Prior to releasing the water flow to the project area, all bank protection or armoring shall be completed.

     (7) Upon completion of the project, all material used in the temporary bypass shall be removed from the site and the site returned to preproject conditions.

     (8) If fish may be adversely impacted as a result of this project, the permittee shall be required to capture and safely move game and food fish and other fish life, (at the discretion of the department), from the job site to the nearest free-flowing water. The permittee may request the department to assist in capturing and safely moving fish life from the job site to free-flowing water, and assistance may be granted if personnel are available.

     (9) Alteration or disturbance of the banks and bank vegetation shall be limited to that necessary to construct the project. All disturbed areas shall be protected from erosion, within seven days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them.



[Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-120, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-120, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-120, filed 4/13/83.]

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220-110-130
Dredging in freshwater areas.

  Dredging projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to dredging projects:

     (1) Dredging shall not be conducted in fish spawning areas unless it is designed to create or improve the access or quality of fish spawning areas.

     (2) During the dredging of a lake or pond, a boom or similar device may be required to contain floatable materials.

     (3) Dredged bed materials shall be disposed of at approved in-water disposal sites or upland so as not to reenter state waters. The department may allow placement of dredged material in areas for beneficial uses such as beach nourishment or capping of contaminated sediments.

     (4) Dredging shall be conducted with dredge types and methods that cause the least adverse impact to fish and shellfish and their habitat.

     (5) If at any time, fish are observed in distress, a fish kill occurs, or water quality problems develop as a result of dredging, operations shall cease immediately and the department shall be immediately contacted.

     (6) An hydraulic dredge shall only be operated with the intake at or below the surface of the material being removed. The intake shall only be raised a maximum of three feet above the bed for brief periods of purging or flushing the intake system.

     (7) If a dragline or clamshell is used, it shall be operated to minimize turbidity. During excavation, each pass with the clamshell or dragline bucket shall be complete. Dredged material shall not be stockpiled waterward of the ordinary high water line.

     (8) Upon completion of the dredging, the bed shall not contain pits, potholes, or large depressions to avoid stranding of fish.



[Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-130, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-130, filed 4/13/83.]

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220-110-140
Gravel removal.

  Gravel removal projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to gravel removal projects:

     (1) Gravel removal from a watercourse shall be limited to removal from exposed bars and shall not result in a lowering, over time, of the average channel cross-section profile through the project area or downstream. Additional removal of bed material, including removal from wetted portions of the channel, may be authorized where the project is an integral part of a comprehensive flood control plan approved by the department.

     (2) An "excavation line" shall be established. "Excavation line" means a line on the dry bed, at or parallel to the water's edge, the distance from the water's edge to be determined by the department on a site-specific basis. The excavation line may change with water level fluctuations.

     (3) An "excavation zone" shall be defined as the area between the "excavation line" and the bank or the center of the bar. The "excavation zone" shall be identified by boundary markers placed by the applicant and approved by the department prior to the commencement of gravel removal.

     (4) Excavation shall begin at the excavation line and proceed toward the bank or the center of the bar, perpendicular to the alignment of the watercourse.

     (5) Bed material shall not be removed from the water side of the excavation line.

     (6) Equipment shall not enter or operate within the wetted perimeter of the watercourse.

     (7) Gravel may be removed within the excavation zone from a point beginning at the excavation line and progressing upward toward the bank or the center of the bar on a minimum two percent gradient. It may be necessary to survey the excavation zone upon completion of the gravel removal operation to ensure the two percent gradient is maintained and that no depressions exist. When required the survey shall be made at the applicant's expense.

     (8) Preproject and postproject channel cross-section surveys shall be required for gravel removal projects for commercial purposes, and may be required as part of a comprehensive flood control plan approved by the department. The cross-sections shall be referenced vertically to a permanent bench mark and horizontally to a permanent base line, and shall be done perpendicular to the high flow channel every one hundred feet through the project area and at cross-sections upstream and downstream at adjacent channel riffles. The preproject survey information shall be submitted to the department at the time of application for HPA, and the postproject survey shall be submitted to the department within ninety days of completion of removal of gravel or the expiration date of the HPA, whichever occurs first.

     (9) At the end of each work day the excavation zone shall not contain pits, or potholes, or depressions that may trap fish as a result of fluctuation in water levels.

     (10) Stockpiling of material waterward of the ordinary high water line, after the initial bed disturbance, shall be limited to avoid impacts to fish life. If stockpiling is approved waterward of the ordinary high water line, the material shall be completely removed prior to the onset of fish spawning in the vicinity or the typical onset of increasing stream flows. Timing restrictions shall be determined on a site-specific basis. If the water level rises and makes contact with stockpiles, further operation of equipment or removal of the stockpiles shall not proceed unless authorized under a separate HPA issued by the department.

     (11) The upstream end of the gravel bar shall be left undisturbed to maintain watercourse stability waterward of the ordinary high water line.

     (12) Large woody material shall be retained waterward of the ordinary high water line and repositioned within the watercourse. Other debris shall be disposed of so as not to reenter the watercourse.

     (13) Gravel washing or crushing operations shall not take place waterward of the ordinary high water line.

     (14) Alteration or disturbance of the banks and bank vegetation shall be limited to that necessary to access the excavation zone. All disturbed areas shall be protected from erosion, within seven days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them.

     (15) Equipment shall be inspected, cleaned, and maintained to prevent loss of petroleum products waterward of the ordinary high water line.

     (16) The department shall be notified at least five working days before the start of actual gravel removal, and upon project completion to allow for compliance inspection.



[Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-140, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-140, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-140, filed 4/13/83.]

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220-110-150
Large woody material removal or repositioning.

  Large woody material removal or repositioning projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to large woody material removal or repositioning:

     (1) Large woody material removal from watercourses shall only be approved where necessary to address safety considerations, or its removal would not diminish the fish habitat quality of the watercourse. The department may approve the repositioning of large woody material within the watercourse to protect life and property or as needed to conduct a hydraulic project. Repositioned large woody material shall be placed or anchored to provide stable, functional fish habitat.

     (2) Large woody material removal shall be conducted by equipment stationed on the bank, bridge, or other approved structure.

     (3) Unless otherwise authorized, large woody material shall be suspended during its removal so no portion of the large woody material or limbs can damage the bed or banks. Yarding corridors or full suspension shall be required to avoid damage to riparian vegetation. It may be necessary to cut the large woody material in place, to a size that allows suspension during removal.

     (4) Where large woody material cannot be suspended above the bed and banks, skid logs or similar methods shall be used to avoid bank damage. Upon completion of the yarding operation, skid logs shall be removed in a manner that avoids damage to streambanks and vegetation, and the bank shall be restored to preproject condition.

     (5) Smaller limb and bark debris associated with the large woody material shall be removed and disposed of so as not to reenter the watercourse.

     (6) Large woody material embedded in a bank or bed shall be left undisturbed and intact except where authorized for removal.

     (7) Large woody material removal or repositioning shall be accomplished in a manner which minimizes the release of bedload, logs, or debris downstream.

     (8) Depressions created in gravel bars shall be filled, smoothed over, and sloped upwards toward the bank on a minimum two percent gradient.



[Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-150, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-150, filed 4/13/83.]

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220-110-160
Felling and yarding of timber.

  The following technical provisions shall apply to any felling and yarding of timber for which an HPA is required (see WAC 220-110-020). Timber felling and yarding projects requiring an HPA shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat.

     (1) Trees shall not be felled into or across a watercourse, with identifiable bed or banks, except where authorized in special provisions of an HPA.

     (2) Trees or logs which enter a watercourse, with identifiable bed or banks, during felling or yarding shall remain where they enter unless parts or all of the trees or logs are specifically authorized to be removed.

     (3) Logs transported across a watercourse, with identifiable bed or banks, shall be suspended so no portion of the logs or limbs can enter the watercourse or damage the bed and banks. Yarding corridors or full suspension shall be required to prevent damage to riparian vegetation.

     (4) Cable tailholds may be placed over watercourses, with identifiable bed or banks, provided the number of yarding roads is kept to a minimum. When changing roads, the cable shall be moved around or over the riparian vegetation to avoid damage to the vegetation.

     (5) If limbs or other small debris enter the watercourse, with identifiable bed or banks, as a result of felling and yarding of timber, they shall be removed concurrently with each change in yarding road or within seventy-two hours after entry into the watercourse and placed outside the 50-year flood plain. Limbs or other small debris shall be removed from dry watercourses prior to the normal onset of high flows. Large woody material which was in place prior to felling and yarding of timber shall not be disturbed.

     (6) Precautions shall be taken to minimize the release of sediment to waters downstream from the felling or yarding activity. Sediment control devices, including, but not limited to, straw bales and filter fabric check dams, shall be used as necessary to avoid the release of sediment downstream. Accumulated sediment shall be removed from above check dams prior to their removal. The requirement to provide sediment control may be waived where adequate protection is provided through seasonal restriction of operations.

     (7) There shall be no skidding or ground lead yarding or equipment operation within flowing waters in channels with defined bed or banks.



[Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-160, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-160, filed 4/13/83.]

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220-110-170
Outfall structures.

  Outfall structure projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to outfall structure projects:

     (1) The outfall structure shall be constructed according to an approved design to prevent the entry of fish, except where fish passage could enhance fish life or habitat.

     (2) The watercourse bank and bed at the point of discharge shall be armored to prevent scouring.

     (3) Excavation for placement of the structure or armoring materials shall be isolated from the wetted perimeter.

     (4) Alteration or disturbance of banks and bank vegetation shall be limited to that necessary to construct the project. All disturbed areas shall be protected from erosion within seven days of completion of the project using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them.

     (5) Structures containing concrete shall be sufficiently cured prior to contact with water, to avoid leaching.

     (6) All piling, lumber, or other materials treated with preservatives shall be sufficiently cured to minimize leaching into the water or bed. The use of wood treated with creosote or pentachlorophenol is not allowed in lakes.



[Statutory Authority: RCW 77.12.047. 05-14-001 (Order 05-131), § 220-110-170, filed 6/22/05, effective 7/23/05. Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-170, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-170, filed 4/13/83.]

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220-110-180
Pond construction.

  Pond construction projects shall incorporate mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. The following technical provisions shall apply to pond construction projects connected to a watercourse:

     (1) Ponds shall not be constructed within the watercourse.

     (2) Ponds shall be designed, constructed, and screened to prevent the entry of fish unless the pond will provide beneficial habitat, as determined by the department, in which case free and unrestricted access shall be provided.

     (3) Pond return flow shall be located to minimize the length of the bypass reach unless the bypass reach is intended to enhance fish life or habitat.

     (4) Pond construction activities involving diversion of state waters shall be dependent upon first obtaining a water right. This requirement does not apply to construction of storm water pond facilities landward of the ordinary high water line.

     (5) The work area shall be isolated from the watercourse during construction of the pond, the diversion system, and the return flow system.

     (6) Prior to the initial filling, all disturbed areas shall be protected from erosion, within seven days of completion of the project, using vegetation or other means. The banks shall be revegetated within one year with native or other approved woody species. Vegetative cuttings shall be planted at a maximum interval of three feet (on center), and maintained as necessary for three years to ensure eighty percent survival. Where proposed, planting densities and maintenance requirements for rooted stock will be determined on a site-specific basis. The requirement to plant woody vegetation may be waived for areas where the potential for natural revegetation is adequate, or where other engineering or safety factors preclude them.

     (7) Ponds shall be designed and constructed so the outflow temperature is not harmful to fish life.



[Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-180, filed 11/14/94, effective 12/15/94. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-180, filed 4/13/83.]

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220-110-190
Water diversions.

  A written HPA is not required for emergency water diversions during emergency fire response. The department shall be notified prior to the diversion, when possible. When prior notification is not possible, the department shall be notified within twenty-four hours of the diversion. The hydraulic code cannot be used to limit the amount or timing of water diverted under a water right. However, construction of structures or placement of devices or other work within waters of the state which will use, divert, obstruct, or change the natural flow or bed of any of the salt or fresh waters of the state, or that will utilize any of the waters of the state in order to divert water pursuant to a water right, requires an HPA. Regulation of water flow from a permanent irrigation structure by operating valves, or manipulating stop logs, check boards or head boards, does not require an HPA. Any hydraulic project activity related to a change in the manner or location of water diversion will require an HPA modification.

     Persons who have gravel berm dams as the method of diversion permitted by the department prior to January 1994 shall be allowed to continue to do so consistent with the provisions of an HPA. The department can, however, condition the approval of gravel berms.

     Construction or maintenance of fish screens or guards requiring use of equipment requires a written HPA. Installation of suction hoses or cleaning, adjusting, operating, and maintaining existing irrigation or stock water diversion structures including intakes or screens without the use of equipment, may be accomplished without first securing a written HPA. For these activities, compliance with the provisions of the latest edition of the Irrigation and Fish pamphlet issued by the department is required. The pamphlet shall be on-site and serve as the HPA. If a fish kill occurs or fish are observed in distress, the project activity shall cease and the department shall be notified immediately.

     The following technical provisions shall apply to water diversions:

     (1) Gravel berm dams shall be constructed of gravels available on site waterward of the ordinary high water line, or of clean round gravel transported to the site. Bed disturbance shall be limited to the minimum necessary to achieve the provisions of the water right. No dirt from outside the ordinary high water line shall be used to seal the dam and no logs or woody material waterward of the ordinary high water line may be utilized for construction of the dam, unless specifically authorized.

     (2) Logs and large woody material may be relocated waterward of the ordinary high water line, if they block water flow into the ditch or inhibit construction.

     (3) As long as the applicant or permittee can divert enough water to satisfy the water right, the diversion dam shall be constructed so that it does not hinder upstream and downstream adult and juvenile fish passage. If passage problems develop, department personnel may, after consultation, require modification of the gravel berm dam.

     (4) At pump stations, screens and headgate areas, a backhoe or suction dredge may be used to remove accumulated silts and gravel from the pumping sump. Material removed shall be placed so it will not reenter state waters.

     (5) Any device used for diverting water from a fish bearing watercourse shall be equipped with a fish guard to prevent passage of fish into the diversion device pursuant to RCW 75.20.040 and 77.16.220.

     (6) Diversion canals shall be maintained (sediment and debris removal) to provide maximum hydraulic gradient in the diversion canal in order to minimize the need for work within the natural watercourse.

     (7) The exercise of project activity associated with diversion of state waters shall be dependent upon first obtaining a water right.



[Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-190, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-190, filed 7/20/87. Statutory Authority: RCW 75.08.012, 75.08.080 and 75.20.100. 84-04-047 (Order 84-04), § 220-110-190, filed 1/30/84. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-190, filed 4/13/83.]

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220-110-200
Mineral prospecting.

  (1) WAC 220-110-201 through 220-110-206 set forth the rules necessary to protect fish life that apply to mineral prospecting and placer mining projects. A copy of the current Gold and Fish pamphlet is available from the department, and it contains the rules which you must follow when mineral prospecting under its authority.

     (2) Alternatively, you may request exceptions to the Gold and Fish pamphlet by applying for an individual written HPA as indicated in WAC 220-110-031. An HPA shall be denied when, in the judgment of the department, the project will result in direct or indirect harm to fish life, unless adequate mitigation can be assured by conditioning the HPA or modifying the proposal. The department may apply saltwater provisions to written HPAs for tidally influenced areas upstream of river mouths and the mainstem Columbia River downstream of Bonneville Dam where applicable.

     (3) Nothing in these rules relieves a person of the duty to obtain landowner permission and any other necessary permits before conducting any mineral prospecting activity.



[Statutory Authority: RCW 77.55.091(2), 77.12.047, and77.04.020 . 09-02-017 (Order 08-318), § 220-110-200, filed 12/29/08, effective 4/3/09. Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-200, filed 12/16/98, effective 1/16/99. Statutory Authority: RCW 75.08.080. 94-23-058 (Order 94-160), § 220-110-200, filed 11/14/94, effective 12/15/94; 87-15-086 (Order 87-48), § 220-110-200, filed 7/20/87. Statutory Authority: RCW 75.20.100 and 75.08.080. 83-09-019 (Order 83-25), § 220-110-200, filed 4/13/83.]

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220-110-201
Mineral prospecting without timing restrictions.

  You may mineral prospect year-round in all waters of the state, except lakes or salt waters. You must follow the rules listed below, but you do not need to have the rules with you or on the job site.

     (1) You may use only hand-held mineral prospecting tools and the following mineral prospecting equipment when mineral prospecting without timing restrictions:

     (a) Pans;

     (b) Spiral wheels;

     (c) Sluices, concentrators, mini rocker boxes, and mini high-bankers with riffle areas totaling three square feet or less, including ganged equipment.

     (2) You may not use vehicle-mounted winches. You may use one hand-operated winch to move boulders, or large woody material that is not embedded. You may use additional cables, chains, or ropes to stabilize boulders, or large woody material that is not embedded.

     (3) You may work within the wetted perimeter only from one-half hour before official sunrise to one-half hour after official sunset.

     (4) You may not disturb fish life or redds within the bed. If you observe or encounter fish life or redds within the bed, or actively spawning fish when collecting or processing aggregate, you must relocate your operations. You must avoid areas containing live freshwater mussels. If you encounter live mussels during excavation, you must relocate your operations.

     (5) Rules for excavating:

     (a) You may excavate only by hand or with hand-held mineral prospecting tools.

     (b) You may not excavate, collect, or remove aggregate from within the wetted perimeter. See Figures 1 and 2.



     (c) Only one excavation site per individual is allowed. However, you may use a second excavation site as a settling pond. Multiple individuals may work within a single excavation site.

     (d) You may not stand within, or allow aggregate to enter, the wetted perimeter when collecting or excavating aggregate.

     (e) You must fill all excavation sites and level all tailing piles prior to moving to a new excavation site or abandoning an excavation site. If you move boulders, you must return them, as best as you can, to their approximate, original location.

     (f) You may not undermine, move, or disturb large woody material embedded in the slopes or located wholly or partially within the wetted perimeter. You may move large woody material and boulders located entirely within the frequent scour zone, but you must keep them within the frequent scour zone. You may not cut large woody material. See Figure 2.



     (g) You may not undermine, cut, or disturb live, rooted woody vegetation of any kind.

     (h) You may not excavate, collect, or remove aggregate from the toe of the slope. You also may not excavate, collect, or remove aggregate from an unstable slope or any slope that delivers, or has the potential to deliver, sediment to the wetted perimeter or frequent scour zone. See Figures 3 and 4.









     (6) Rules for processing aggregate:

     (a) You may stand within the wetted perimeter when processing aggregate with pans; spiral wheels; and sluices.

     (b) You may not stand on or process directly on redds or disturb incubating fish life. You may not allow tailings, or visible sediment plumes (visibly muddy water), to enter redds or areas where fish life are located within the bed.

     (c) You may not level or disturb tailing piles that remain within the wetted perimeter after processing aggregate.

     (d) You must classify aggregate at the collection or excavation site prior to processing, if you collected or excavated it outside the frequent scour zone.

     (e) You may process only classified aggregate within the wetted perimeter when using a sluice.

     (f) The maximum width of a sluice, measured at its widest point, including attachments, shall not exceed twenty-five percent of the width of the wetted perimeter at the point of placement.

     (g) You may process with a sluice only in areas within the wetted perimeter that are composed primarily of boulders and bedrock. You must separate sluice locations by at least fifty feet. You may not place structures within the wetted perimeter to check or divert the water flow.

     (h) You may operate mini high-bankers or other concentrators only outside the wetted perimeter. You may only supply water to this equipment by hand or by a battery-operated pump with a screened intake. You may not allow visible sediment or muddy water to enter the wetted perimeter. A second excavation site may be used as a settling pond.

     (i) Under RCW 77.57.010 and 77.57.070, any device you use for pumping water from fish-bearing waters must be equipped with a fish guard to prevent passage of fish into the pump intake. You must screen the pump intake with material that has openings no larger than five sixty-fourths inch for square openings, measured side to side, or three thirty-seconds inch diameter for round openings, and the screen must have at least one square inch of functional screen area for every gallon per minute (gpm) of water drawn through it. For example, a one hundred gpm rated pump would require at least a one hundred square inch screen.

     (j) You may not excavate, collect, remove, or process aggregate within four hundred feet of any fishway, dam, or hatchery water intake.

     (k) You may not disturb existing habitat improvement structures or stream channel improvements.

     (l) If at any time, as a result of project activities, you observe a fish kill or fish life in distress, you must immediately cease operations and notify the Washington department of fish and wildlife, and the Washington military department emergency management division, of the problem. You may not resume work until the Washington department of fish and wildlife gives approval. The Washington department of fish and wildlife may require additional measures to mitigate the prospecting impacts.



[Statutory Authority: RCW 77.55.091(2), 77.12.047, and77.04.020 . 09-02-017 (Order 08-318), § 220-110-201, filed 12/29/08, effective 4/3/09. Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-201, filed 12/16/98, effective 1/16/99.]

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220-110-202
Mineral prospecting with timing restrictions.

  You may mineral prospect only in the waters, during the times, and with the mineral prospecting equipment limitations identified in WAC 220-110-206. You must follow the rules listed below, and you must have the rules with you or on the job site.

     (1) You may use only hand-held mineral prospecting tools and the following mineral prospecting equipment when mineral prospecting with timing restrictions:

     (a) Pans;

     (b) Spiral wheels;

     (c) Sluices, concentrators, rocker boxes, and high-bankers with riffle areas totaling ten square feet or less, including ganged equipment;

     (d) Suction dredges should have suction intake nozzles with inside diameters of five inches or less, but shall be no greater than five and one-quarter inches to account for manufacturing tolerances and possible deformation of the nozzle. The inside diameter of the dredge hose attached to the nozzle may be no greater than one inch larger than the suction intake nozzle size. See Figure 1.



     (e) Power sluice/suction dredge combinations that have riffle areas totaling ten square feet or less, including ganged equipment, suction intake nozzles with inside diameters that should be five inches or less, but shall be no greater than five and one-quarter inches to account for manufacturing tolerances and possible deformation of the nozzle, and pump intake hoses with inside diameters of four inches or less. The inside diameter of the dredge hose attached to the suction intake nozzle may be no greater than one inch larger than the suction intake nozzle size. See Figure 1.

     (f) High-bankers and power sluices that have riffle areas totaling ten square feet or less, including ganged equipment, and pump intake hoses with inside diameters of four inches or less.

     (2) The widest point of a sluice, including attachments, shall not exceed twenty-five percent of the wetted perimeter at the point of placement.

     (3) The suction intake nozzle and hose of suction dredges and power sluice/suction dredge combinations must not exceed the diameters allowed in the listing for the stream or stream reach where you are operating, as identified in WAC 220-110-206.

     (4) You may not use vehicle-mounted winches. You may use one motorized winch and one hand-operated winch to move boulders and large woody material that is not embedded, and additional cables, chains, or ropes to stabilize them.

     (5) Equipment separation:

     (a) You may use hand-held mineral prospecting tools; pans; spiral wheels; or sluices, mini rocker boxes, or mini high-bankers with riffle areas totaling three square feet or less, including ganged equipment, as close to other mineral prospecting equipment as desired.

     (b) When operating any sluice or rocker box with a riffle area exceeding three square feet (including ganged equipment), suction dredge, power sluice/suction dredge combination, high-banker, or power sluice within the wetted perimeter, you must be at least two hundred feet from all others also operating this type of equipment. This separation is measured as a radius from the equipment you are operating. You may locate this equipment closer than two hundred feet if only one piece of equipment is operating within that two hundred foot radius. See Figure 2.

     (c) When operating any sluice or rocker box with a riffle area exceeding three square feet (including ganged equipment), suction dredge, power sluice/suction dredge combinations, high-banker, or power sluice outside of the wetted perimeter that discharges tailings or wastewater to the wetted perimeter you must be at least two hundred feet from all others also operating this type of equipment. This separation is measured as a radius from the equipment you are operating. You may locate this equipment closer than two hundred feet if only one piece of equipment is operating within that two hundred foot radius. See Figure 2.



     (6) Under RCW 77.57.010 and 77.57.070, any device you use for pumping water from fish-bearing waters must be equipped with a fish guard to prevent passage of fish into the pump intake. You must screen the pump intake with material that has openings no larger than five sixty-fourths inch for square openings, measured side to side, or three thirty-seconds inch diameter for round openings, and the screen must have at least one square inch of functional screen area for every gallon per minute (gpm) of water drawn through it. For example, a one hundred gpm rated pump would require at least a one hundred square inch screen.

     (7) All equipment fueling and servicing must be done so that petroleum products do not get into the body of water or frequent scour zone. If a petroleum sheen or spill is observed, you must contact the Washington military department emergency management division. You must immediately stop your activities, remove your equipment from the body of water, and correct the source of the petroleum leak. You may not return your equipment to the water until the problem is corrected. You must store fuel and lubricants outside the frequent scour zone, and in the shade when possible.

     (8) You may work within the wetted perimeter or frequent scour zone only from one-half hour before official sunrise to one-half hour after official sunset. If your mineral prospecting equipment exceeds one-half the width of the wetted perimeter of the stream, you must remove the equipment from the wetted perimeter or move it so that a minimum of fifty percent of the wetted perimeter is free of equipment between one-half hour after official sunset to one-half hour prior to official sunrise.

     (9) You may not excavate, collect, remove, or process aggregate within four hundred feet of any fishway, dam, or hatchery water intake.

     (10) You must not disturb existing habitat improvement structures or stream channel improvements.

     (11) You may not undermine, move, or disturb large woody material embedded in the slopes or located wholly or partially within the wetted perimeter. You may move large woody material and boulders located entirely within the frequent scour zone, but you must keep them within the frequent scour zone. You may not cut large woody material.

     (12) You may not undermine, cut, or disturb live, rooted woody vegetation of any kind.

     (13) Only one excavation site per individual is permitted. However, you may use a second excavation site as a settling pond. Multiple individuals may work within a single excavation site.

     (14) You must fill all excavation sites and level all tailing piles prior to working another excavation site or abandoning the excavation site.

     (15) You may not excavate, collect, or remove aggregate from the toe of the slope. You also may not excavate, collect, or remove aggregate from an unstable slope or any slope that delivers, or has the potential to deliver, sediment to the wetted perimeter or frequent scour zone. See Figures 3 and 4.







     (16) You may partially divert a body of water into mineral prospecting equipment. However, at no time may the diversion structure be greater than fifty percent of the width of the wetted perimeter, including the width of the equipment. You may not divert the body of water outside of the wetted perimeter.

     (17) You may use materials only from within the wetted perimeter, or artificial materials from outside the wetted perimeter, to construct the diversion structure by hand. You must remove artificial materials used in the construction of a diversion structure and restore the site to its approximate original condition prior to abandoning the site.

     (18) You may process aggregate collected from the frequent scour zone:

     (a) At any location if you use pans; spiral wheels; mini rocker boxes; mini high-bankers; or sluices or other concentrators with riffle areas totaling three square feet or less, including ganged equipment.

     (b) Only in the frequent scour zone or upland areas landward of the frequent scour zone if you use power sluice/suction dredge combinations, high-bankers, or power sluices with riffle areas totaling ten square feet or less, including ganged equipment; or sluices or rocker boxes that have riffle areas totaling more than three, but less than ten square feet, including ganged equipment. You may not discharge tailings to the wetted perimeter when using this equipment. However, you may discharge wastewater to the wetted perimeter provided its entry point into the wetted perimeter is at least two hundred feet from any other wastewater discharge entry point.

     (19) You may process aggregate collected from upland areas landward of the frequent scour zone:

     (a) At any location if you use pans; spiral wheels; or sluices, concentrators, mini rocker boxes, and mini high-bankers with riffle areas totaling three square feet or less, including ganged equipment. You must classify the aggregate at the excavation site prior to processing with this equipment within the wetted perimeter or frequent scour zone.

     (b) Only at an upland location landward of the frequent scour zone if you use power sluice/suction dredge combinations; high-bankers; power sluices; or rocker boxes. You may not allow tailings or wastewater to enter the wetted perimeter or frequent scour zone.

     (c) Within the wetted perimeter or frequent scour zone with a sluice with a riffle area greater than three square feet. You must classify the aggregate at the excavation site prior to processing with a sluice with a riffle area exceeding three square feet.

     (20) You may use pressurized water only for crevicing or for redistributing dredge tailings within the wetted perimeter. No other pressurized water use is permitted.

     (21) You may conduct crevicing in the wetted perimeter, in the frequent scour zone, or landward of the frequent scour zone. The hose connecting fittings of pressurized water tools used for crevicing may not have an inside diameter larger than three-quarters of an inch. If you crevice landward of the frequent scour zone, you may not discharge sediment or wastewater to the wetted perimeter or the frequent scour zone.

     (22) You must avoid areas containing live freshwater mussels. If you encounter live mussels during excavation, you must relocate your operations.

     (23) You may not disturb redds. If you observe or encounter redds, or actively spawning fish when collecting or processing aggregate, you must relocate your operations.

     (24) If at any time, as a result of project activities, you observe a fish kill or fish life in distress, you must immediately cease operations and notify the Washington department of fish and wildlife, and the Washington military department emergency management division of the problem. You may not resume work until the Washington department of fish and wildlife gives approval. The Washington department of fish and wildlife may require additional measures to mitigate the prospecting impacts.



[Statutory Authority: RCW 77.55.091(2), 77.12.047, and77.04.020 . 09-02-017 (Order 08-318), § 220-110-202, filed 12/29/08, effective 4/3/09. Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330. 99-01-088 (Order 98-252), § 220-110-202, filed 12/16/98, effective 1/16/99.]

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220-110-206
Authorized work times and mineral prospecting equipment restrictions by specific state waters for mineral prospecting and placer mining projects.

  Mineral prospecting and placer mining under WAC 220-110-202 shall only occur in the state waters, with the equipment restrictions, and during the times specified in the following table.

     (1) The general work time for a county applies to all state waters within that county, unless otherwise indicated in the table.

     (2) The work time for a listed state water applies to all its tributaries, unless otherwise indicated. Some state waters occur in multiple counties. Check the listing for the county in which mineral prospecting or placer mining is to be conducted to determine the work time for that state water.

     (3) Where a tributary is listed as a boundary, that boundary shall be the line perpendicular to the receiving stream that is projected from the most upstream point of the tributary mouth to the opposite bank of the receiving stream. See Figure 1.







     (4) Mineral prospecting and placer mining within state waters listed as "submit application" are not authorized under the Gold and Fish pamphlet. A written HPA is required for these state waters.

     (5) Mineral prospecting using mineral prospecting equipment that has suction intake nozzles with inside diameters that should be four inches or less, but shall be no greater than four and one-quarter inches to account for manufacturing tolerances and possible deformation of the nozzle is authorized only in the listed state waters, and any tributaries to them, unless otherwise indicated in the table. The inside diameter of the dredge hose attached to the nozzle may be no greater than one inch larger than the nozzle size.

     (6) Mineral prospecting using mineral prospecting equipment that has suction intake nozzles with inside diameters that should be five inches or less, but shall be no greater than five and one-quarter inches to account for manufacturing tolerances and possible deformation of the nozzle is authorized only in the listed state waters in the following table. The inside diameter of the dredge hose attached to the nozzle may be no greater than one inch larger than the nozzle size. You may use only mineral prospecting equipment with suction intake nozzle inside diameters of four and one-quarter inches or less in tributaries of these state waters. The inside diameter of the dredge hose attached to the nozzle may be no greater than one inch larger than the nozzle size.

AUTHORIZED WORK TIMES AND MINERAL PROSPECTING EQUIPMENT RESTRICTIONS BY SPECIFIC STATE WATERS FOR MINERAL PROSPECTING AND PLACER MINING PROJECTS

Washington Counties and State Waters Water Resource Inventory Area (WRIA) in parentheses	Mineral Prospecting Is Allowed Only Between These Dates	State Waters (and tributaries, unless otherwise indicated) in Which You May Use Mineral Prospecting Equipment with a Four and One-Quarter Inch Maximum Suction Intake Nozzle Inside Diameter	State Waters (NOT including tributaries) in Which You May Use Mineral Prospecting Equipment with a Five and One-Quarter Inch Maximum Suction Intake Nozzle Inside Diameter
Adams County	July 1 - October 31	X	–
Crab Creek (41.0002)	July 16 - February 28	X	X
Esquatzel Creek (36.MISC)	June 1 - February 28	X	X
Palouse River (34.0003)	July 16 - February 28	X	X
Asotin County	July 16 - September 15	X	–
Snake River (35.0002)	See below	–	–
Alpowa Creek (35.1440)	July 16 - December 15	X	–
Asotin Creek (35.1716)	July 16 - August 15	X	–
Couse Creek (35.2147)	July 16 - December 15	X	–
Grande Ronde River (35.2192)	July 16 - September 15	X	X
Tenmile Creek (35.2100)	July 16 - December 15	X	–
Benton County	June 1 - September 30	X	–
Columbia River	See below	–	–
Glade Creek (31.0851)	August 1 - September 30	X	–
Yakima River (37.0002)	June 1 - September 15	X	X
Amon Creek (37.0009)	June 1 - September 30	X	–
Corral Creek (37.0002)	June 1 - September 30	X	–
Spring Creek (37.0205)	June 1 - September 30	X	–
Chelan County	July 16 - August 15	X	–
Columbia River	See below	–	–
Antoine Creek (49.0294) - Mouth to falls at river mile 1.0	July 1 - February 28	X	–
Antoine Creek (49.0294) - Upstream of falls at river mile 1.0	July 1 - March 31	X	–
Chelan River (47.0052) - Mouth to Chelan Dam	July 16 - September 30	X	X
Colockum Creek (40.0760)	July 1 - October 31	X	–
Entiat River (46.0042) - Mouth to Entiat Falls	July 16 - July 31	X	X
Entiat River (46.0042) - Upstream of Entiat Falls	July 16 - March 31	X	–
Crum Canyon (46.0107)	July 16 - March 31	X	–
Mad River (46.0125)	July 16 - July 31	X	–
Indian Creek (46.0128)	July 16 - February 28	X	–
Lake Chelan (47.0052)	Submit Application	–	–
Railroad Creek (47.0410)	July 16 - September 30	X	–
Stehekin River (47.0508)	Submit Application	–	–
Twenty-five Mile Creek (47.0195)	July 16 - September 30	X	–
Other Lake Chelan tributaries outside of North Cascades National Park	July 1 - August 15	X	–
Other Lake Chelan tributaries within North Cascades National Park	Submit Application	–	–
Number 1 Canyon (45.0011)	July 1 - February 28	X	–
Number 2 Canyon (45.0012)	July 1 - February 28	X	–
Squilchuck Creek (40.0836) - Mouth to South Wenatchee Avenue	July 1 - September 30	X	–
Squilchuck Creek (40.0836) - Upstream of South Wenatchee Avenue	July 1 - February 28	X	–
Stemilt Creek (40.0808) - Mouth to falls	July 1 - September 30	X	–
Stemilt Creek (40.0808) - Upstream of falls	July 1 - February 28	X	–
Wenatchee River (45.0030) - Mouth to Lake Wenatchee	July 1 - July 31	X	X
Beaver Creek (45.0751)	July 1 - September 30	X	–
Chiwaukum Creek (45.0700)	July 1 - July 31	X	–
Chiwawa River (45.0759) - Mouth to Phelps Creek	July 1 - July 31	X	X
Chiwawa River (45.0759) - Upstream of Phelps Creek	July 1 - July 31	X	–
Deep Creek (45.0764)	July 1 - February 28	X	–
Phelps Creek (45.0875)	July 16 - August 15	X	–
Icicle Creek (45.0474) - Mouth to Johnny Creek	July 1 - July 31	X	X
Icicle Creek (45.0474) - Upstream of Johnny Creek	July 1 - July 31	X	–
Fourth of July Creek (45.0525)	July 1 - February 28	X	–
Lake Wenatchee (45.0030)	Submit Application	–	–
Little Wenatchee (45.0985) - Mouth to Wilderness Boundary	July 1 - July 31	X	X
Little Wenatchee (45.0985) - Upstream of Wilderness Boundary	Submit Application	–	–
White River (45.1116) - Mouth to White River Falls	July 1 - July 31	X	X
White River (45.1116) - Upstream of White River Falls	July 1 - February 28	X	–
Nason Creek (45.0888)	July 1 - July 31	X	–
Peshastin Creek (45.0232) - Mouth to Negro Creek	July 16 - August 15	X	–
Peshastin Creek (45.0232) - Upstream of Negro Creek	August 1 - February 28	X	–
Ingalls Creek (45.0273) - Mouth to Cascade Creek	Submit Application	–	–
Ingalls Creek (45.0273) - Upstream of Cascade Creek	July 16 - February 28	X	–
Negro Creek (45.0323) - Mouth to falls at stream mile 2.9	Submit Application	–	–
Negro Creek (45.0323) - Upstream of falls at stream mile 2.9	July 16 - February 28	X	–
Ruby Creek (45.0318)	July 16 - February 28	X	–
Tronson Creek (45.0346)	August 1 - February 28	X	–
Scotty Creek (45.0376)	August 1 - February 28	X	–
Shaser Creek (45.0365)	August 1 - February 28	X	–
Clallam County	July 16 - September 15	X	–
Clallam River (19.0129)	August 1 - August 15	X	–
Dungeness River (18.0018)	Submit Application	–	–
Independent Creek (18.MISC)	August 1 - August 31	X	–
Elwha River (18.0272)	August 1 - August 15	X	X
Hoko River (19.0148)	August 1 - September 15	X	–
Jimmycomelately Creek (17.0285)	August 1 - August 31	X	–
Lake Ozette (20.0046)	Submit Application	–	–
Little Quilcene River (17.0076)	July 16 - August 31	X	–
Lake Ozette tributaries	July 16 - September 15	X	–
Lyre River (19.0031)	August 1 - September 15	X	–
McDonald Creek (18.0160)	August 1 - September 15	X	–
Morse Creek (18.0185)	August 1 - August 15	X	–
Ozette River (20.0046)	July 16 - September 15	X	–
Pysht River (19.0113)	August 1 - September 15	X	–
Quillayute River (20.0096, 20.0162, 20.0175)	August 1 - August 15	X	X
Bogachiel River (20.0162)	Submit Application	–	–
Calawah River (20.0175)	August 1 - August 15	X	X
Salmon Creek (17.0245)	July 16 - August 31	X	–
Sekiu River (19.0203)	August 1 - September 15	X	–
Snow Creek (17.0219)	July 16 - August 31	X	–
Sol Duc River (20.0096)	Submit Application	–	–
Lake Pleasant (20.0313)	Submit Application	–	–
Lake Pleasant tributaries	July 16 - September 15	X	–
Sooes River (20.0015)	July 16 - September 15	X	–
Clark County	July 16 - September 30	–	–
Columbia River	See below	–	–
Lacamas Creek (28.0160) - Mouth to dam	August 1 - August 31	X	–
Lacamas Creek (28.0160) - Upstream of dam	August 1 - September 30	X	–
Lewis River (27.0168)	August 1 - August 15	X	X
East Fork Lewis River (27.0173) - Mouth to Lucia Falls	August 1 - August 15	X	X
East Fork Lewis River (27.0173) - Lucia Falls to Sunset Falls	August 1 - February 28	X	X
East Fork Lewis River (27.0173) - Upstream of Sunset Falls	August 1 - February 28	X	–
Lake River (28.0020)	January 1 - December 31	X	X
Burnt Bridge Creek (28.0143)	August 1 - August 31	X	–
Salmon Creek (28.0059)	August 1 - August 31	X	–
Whipple Creek (28.0038)	August 1 - September 30	X	–
North Fork Lewis River (27.0334) - Confluence of East Fork to Merwin Dam	August 1 - August 15	X	X
Cedar Creek (27.0339)	August 1 - September 15	X	–
North Fork Lewis River (27.0334) - Merwin Dam to Lower Falls	July 16 - August 15	X	X
Canyon Creek (27.0442)	July 16 - February 28	X	–
North Fork Lewis River (27.0168) - Upstream of Lower Falls	July 16 - August 15	X	X
Washougal River (28.0159) - Mouth to headwaters	August 1 - August 31	X	X
Columbia County	July 16 - September 30	X	–
Touchet River (32.0097)	August 1 - August 15	X	X
Grande Ronde River tributaries (35.2192)	July 16 - August 15	X	–
North Fork Touchet/Wolf Fork (32.0761)	Submit Application	–	–
South Fork Touchet (32.0708)	Submit Application	–	–
Tucannon River (35.0009)	July 16 - August 15	X	X
Walla Walla River (32.0008) - Mouth to Oregon State line	July 16 - September 15	X	X
Mill Creek (32.1436) - Mouth to Oregon State line	August 1 - August 15	X	–
Cowlitz County	July 16 - September 30	X	–
Chehalis River (22.0190/23.0190) - South Fork Chehalis River - Mouth to Fisk Falls	August 1 - August 31	X	X
Chehalis River (22.0190/23.0190) - South Fork Chehalis River - Upstream of Fisk Falls	August 1 - August 31	X	–
Columbia River	See below	–	–
Abernathy Creek (25.0297)	July 16 - September 15	X	–
Burke Creek (27.0148)	August 1 - August 31	X	–
Burris Creek (27.0151)	August 1 - August 31	X	–
Bybee Creek (27.0142)	August 1 - August 31	X	–
Canyon Creek (27.0147)	August 1 - August 31	X	–
Coal Creek (25.0340)	July 16 - September 15	X	–
Clark Creek (25.0371)	August 1 - August 31	X	–
Cowlitz River (26.0002) - Mouth to barrier dam at river mile 49.5	July 16 - August 15	X	X
Coweeman River (26.0003) - Mouth to Baird Creek	August 1 - August 31	X	X
Coweeman River (26.0003) - Upstream of Baird Creek	August 1 - August 31	X	–
Cowlitz River (26.0002) - Tributaries below barrier dam to mouth	July 16 - September 30	X	–
Owl Creek (26.1441)	July 16 - September 15	X	–
Toutle River (26.0227)	July 16 - August 15	X	X
North Fork Toutle River (26.0314) - Mouth to Debris Dam	July 16 - August 15	X	X
North Fork Toutle River (26.0314) - Upstream of Debris Dam	July 16 - August 15	X	–
Green River (26.0323) - Mouth to Shultz Creek	July 16 - September 30	X	X
Green River (26.0323) - Upstream of Shultz Creek	July 16 - September 30	X	–
South Fork Toutle (26.0248) - Mouth to Bear Creek	July 16 - September 15	X	X
South Fork Toutle (26.0248) - Upstream of Bear Creek	July 16 - September 15	X	–
Tributaries to Silver Lake	July 16 - September 30	X	–
Germany Creek (25.0313)	July 16 - September 15	X	–
Kalama River (27.0002) - Mouth to Kalama Falls	August 1 - August 15	X	X
Kalama River (27.0002) - Upstream of Kalama Falls	August 1 - August 15	X	–
Lewis River (27.0168) - Mouth to East Fork Lewis River	August 1 - August 15	X	X
North Fork Lewis River (27.0334) - Confluence of East Fork to Merwin Dam	August 1 - August 15	X	X
North Fork Lewis River (27.0334) - Merwin Dam to Lower Falls	July 16 - August 15	X	X
Mill Creek (25.0284)	July 16 - September 15	X	–
Schoolhouse Creek (27.0139)	August 1 - August 31	X	–
Douglas County	July 1 - September 30	X	–
Columbia River	See below	–	–
Douglas Creek Canyon (44.0146)	May 16 - January 31	X	–
Foster Creek (50.0065)	August 1 - April 15	X	–
McCarteney Creek (44.0002)	July 1 - February 28	X	–
Pine/Corbaley Canyon Creek (44.0779)	September 16 - April 15	X	–
Rock Island Creek (44.0630)	July 1 - September 30	X	–
Ferry County	July 1 - August 31	X	–
Columbia River	See below	–	–
Kettle River (60.0002)	June 16 - August 31	X	X
Boulder Creek (60.0130) - Mouth to Hodgson Road Bridge	Submit Application	–	–
Boulder Creek (60.0130) - Upstream of Hodgson Road Bridge	June 16 - February 28	X	–
Deadman Creek (60.0008) - Mouth to SR395 Crossing	Submit Application	–	–
Deadman Creek (60.0008) - Upstream of SR395	June 16 - February 28	X	–
Goosmus Creek (60.0254)	June 16 - February 28	X	–
Toroda Creek (60.0410)	July 1 - September 30	X	–
San Poil River (52.0004)	June 16 - September 30	X	X
Granite Creek (52.0099) - Mouth to Powerhouse Dam	June 16 - September 30	X	–
Granite Creek (52.0099) - Upstream of Powerhouse Dam	June 16 - February 28	X	–
West Fork San Poil River (52.0192) - Mouth to Deep Creek	June 16 - September 30	X	X
West Fork San Poil River (52.0192) - Upstream of Deep Creek	June 16 - September 30	X	–
Gold Creek (52.0197)	June 16 - February 28	X	–
Franklin County	June 1 - September 30	X	–
Columbia River	See below	–	–
Snake River	See below	–	–
Palouse River (34.0003)	July 16 - February 28	X	X
North bank tributaries of the lower Snake River between Palouse River and the mouth of the Snake River	June 16 - October 31	X	–
Garfield County	July 16 - September 30	X	–
Snake River (35.0003)	See below	–	–
Alpowa Creek (35.1440)	July 16 - December 15	X	–
Asotin Creek (35.1716)	July 16 - August 15	X	–
Deadman Creek (35.0688)	July 16 - December 15	X	–
Grande Ronde River tributaries (35.2192)	July 16 - August 15	X	–
Meadow Creek (35.0689)	July 16 - December 15	X	–
Tucannon River (35.0009) - Mouth to Panjab Creek	July 16 - August 15	X	X
Tucannon River (35.0009) - Upstream of Panjab Creek	July 16 - August 15	X	–
Pataha Creek (35.0123) - Mouth to Pataha Creek	January 1 - December 31	X	–
Pataha Creek (35.0123) - Upstream of Pataha Creek	July 16 - December 31	X	–
Grant County	July 1 - October 31	X	–
Columbia River	See below	–	–
Crab Creek (41.0002)	July 16 - September 15	X	X
Grays Harbor County	July 16 - October 15	X	–
Chehalis River (22.0190/23.0190) - Mouth to Porter Creek	August 1 - August 31	X	X
Chehalis River (22.0190/23.0190) - Porter Creek to Fisk Falls	August 1 - August 15	X	X
Chehalis River (22.0190/23.0190) - Upstream of Fisk Falls	August 1 - August 15	X	–
Cedar Creek (23.0570)	August 1 - September 30	X	–
Cloquallum Creek (22.0501)	August 1 - September 30	X	–
Porter Creek (23.0543)	August 1 - September 30	X	–
Satsop River (22.0360)	August 1 - August 31	X	X
Wishkah River (22.0191)	August 1 - October 15	X	X
Wynoochee River (22.0260)	August 1 - September 30	X	X
Copalis River (21.0767)	August 1 - October 15	X	X
Elk River (22.1333)	July 1 - October 31	X	X
Hoquiam River (22.0137)	August 1 - October 15	X	X
Humptulips River (22.0004) - Mouth to Forks	August 1 - September 30	X	X
Humptulips River (22.0004) - Upstream of Forks	August 1 - September 30	X	–
Johns River (22.1270)	August 1 - September 30	X	X
Moclips River (21.0731)	August 1 - October 15	X	X
North River (24.0034)	August 1 - September 30	X	X
Queets River (21.0001)	August 1 - August 15	X	X
Quinault River (21.0398)	August 1 - August 15	X	X
Raft River (21.0337)	August 1 - October 15	X	X
Island County	June 16 - October 15	X	–
Cavalero Creek (06.0065)	June 16 - December 15	X	–
Chapman Creek (06.0070)	June 16 - December 15	X	–
Crescent Creek (06.0002)	June 16 - December 15	X	–
Cultus Creek (06.0026)	June 16 - March 15	X	–
Deer Creek (06.0024)	June 16 - March 15	X	–
Dugualla Creek (06.0001)	June 16 - March 15	X	–
Glendale Creek (06.0025)	June 16 - December 15	X	–
Kristoferson Creek (06.0062-06.0063)	May 1 - December 15	X	–
Maxwelton Creek (06.0029)	June 16 - December 15	X	–
North Bluff Creek (06.0006)	June 16 - March 15	X	–
Old Clinton Creek (06.0023)	June 16 - March 15	X	–
Jefferson County	July 16 - October 31	X	–
Big Quilcene River (17.0012) - Mouth to Falls	July 16 - August 31	X	X
Big Quilcene River (17.0012) - Falls to Forks	August 1 - February 28	X	X
Big Quilcene River (17.0012) - Upstream of Forks	August 1 - February 28	X	–
Bogachiel River (20.0162)	Submit Application	–	–
Chimacum Creek (17.0203)	July 16 - September 15	X	–
Donovan Creek (17.0115)	July 1 - October 15	X	–
Dosewallips River (16.0442)	July 16 - August 15	X	–
Duckabush River (16.0351)	July 16 - August 15	X	–
Dungeness River (18.0018)	August 1 - August 15	X	–
Elwha River (18.0272)	August 1 - August 15	X	X
Goodman Creek (20.0406)	August 1 - September 15	X	–
Hoh River (20.0422)	August 1 - August 15	X	X
Little Quilcene River (17.0076)	July 16 - August 31	X	–
Queets River (21.0001)	August 1 - August 15	X	X
Matheny Creek (21.0165)	August 1 - August 15	X	–
Sams River (21.0205)	August 1 - August 15	X	X
Quinault River (21.0398)	August 1 - August 15	X	X
Salmon Creek (17.0245)	July 16 - August 31	X	–
Skokomish River (16.0001)	August 1 - August 31	X	X
Snow Creek (17.0219)	July 16 - August 31	X	–
Tarboo Creek (17.0129)	August 1 - September 30	X	–
Thorndyke Creek (17.0170)	August 1 - October 15	X	–
King County	July 16 - September 30	X	–
Cedar River (08.0299) - Mouth to Forks	August 1 - August 31	X	X
Cedar River (08.0299) - Upstream of Forks	August 1 - August 31	X	–
Issaquah Creek (08.0178)	August 1 - August 31	X	–
Sammamish River (08.0057)	August 1 - August 31	X	–
Steele Creek (08.0379)	July 16 - February 28	X	–
Green River (Duwamish River) (09.0001) - Mouth to Sawmill Creek	August 1 - August 31	X	X
Green River (Duwamish River) (09.0001) - Upstream of Sawmill Creek	August 1 - August 31	X	–
Lake Washington tributaries (08.LKWA)	August 1 - August 31	X	–
Snoqualmie River (07.0219) - Mouth to Snoqualmie Falls	August 1 - August 15	X	X
Snoqualmie River (07.0219) - Snoqualmie Falls to mouth of South Fork	July 16 - February 28	X	X
Patterson Creek (07.0376)	July 16 - September 30	X	–
Middle Fork Snoqualmie River (07.0219) - Mouth to Taylor Creek	July 16 - February 28	X	X
Middle Fork Snoqualmie River (07.0219) - Upstream of Taylor Creek	July 16 - February 28	X	–
Goat Creek (07.0754)	July 16 - February 28	X	–
North Fork Snoqualmie River (07.0527) - Mouth to Lennox Creek	July 16 - February 28	X	X
North Fork Snoqualmie River (07.0527) - Upstream of Lennox Creek	July 16 - February 28	X	–
Deep Creek (07.0562)	July 16 - February 28	X	–
Illinois Creek (07.0624)	July 16 - February 28	X	–
Lennox Creek (07.0596)	July 16 - February 28	X	–
Bear Creek (07.0606)	July 16 - February 28	X	–
Raging River (07.0384)	August 1 - September 15	X	X
South Fork Skykomish River (07.0012) - Mouth to Sunset Falls	August 1 - August 15	X	X
South Fork Skykomish River (07.0012) - Upstream of Sunset Falls	August 1 - August 15	X	–
Beckler River (07.1413) - Mouth to Boulder Creek	August 1 - August 15	X	X
Beckler River (07.1413) - Upstream of Boulder Creek	July 16 - February 28	X	–
Rapid River (07.1461) - Mouth to Meadow Creek	August 1 - August 31	X	X
Rapid River (07.1461) - Upstream of Meadow Creek	August 1 - February 28	X	–
Index Creek (07.1264) - Mouth to Mud Lake Creek	August 1 - August 31	X	–
Index Creek (07.1264) - Upstream of Mud Lake Creek including Salmon Creek	July 16 - February 28	X	–
Miller River (07.1329) - Mouth to Forks	August 1 - August 15	X	X
Miller River (07.1329) - Upstream of Forks	August 1 - August 15	X	–
Coney Creek (07.1347)	July 16 - February 28	X	–
East Fork Miller River (07.1329) - Mouth to Great Falls Creek	July 16 - August 15	X	–
East Fork Miller River (07.1329) - Upstream of Great Falls Creek	July 16 - February 28	X	–
Foss River (07.1562) - Mouth to Forks	July 16 - August 31	X	X
East Fork Foss River (07.1562) - Mouth to Burn Creek	July 16 - August 15	X	X
East Fork Foss River (07.1562) - Upstream of Burn Creek	July 16 - February 28	X	–
West Fork Foss River (07.1573) - Mouth to falls at River Mile 2.0	July 16 - August 31	X	–
West Fork Foss River (07.1573) - Upstream of falls at River Mile 2.0	July 16 - February 28	X	–
West Fork Miller River (07.1335)	July 16 - February 28	X	X
Money Creek (07.1300) - Mouth to 0.5 mile upstream of Kimball Creek	August 1 - August 31	X	–
Money Creek (07.1300) - Upstream of 0.5 mile upstream of Kimball Creek	August 1 - February 28	X	–
Kimball Creek (07.1301)	August 1 - August 31	X	–
Tye River (07.0012) - Mouth to Alpine Falls	August 1 - August 31	X	X
Tye River (07.0012) - Upstream of Alpine Falls	July 16 - February 28	X	–
South Fork Snoqualmie River (07.0467)	July 16 - February 28	X	X
Denny Creek (07.0517)	July 16 - February 28	X	–
Tolt River (07.0291) - Mouth to forks	August 1 - August 31	X	X
North Fork Tolt River (07.0291) - Mouth to Yellow Creek	July 16 - September 15	X	X
North Fork Tolt River (07.0291) - Upstream of Yellow Creek	July 16 - February 28	X	–
South Fork Tolt River (07.0302) - Mouth to dam	July 16 - September 15	X	X
South Fork Tolt River (07.0302) - Upstream of Tolt Reservoir	July 16 - February 28	X	–
Yellow Creek (07.0337)	July 16 - February 28	X	–
White River (10.0031)	July 16 - August 15	X	X
Greenwater River (10.0122)	July 16 - August 15	X	X
Kittitas County	July 1 - September 30	X	–
Brushy Creek (40.0612)	July 1 - February 28	X	–
Colockum Creek (40.0760)	July 1 - October 31	X	–
Quilomene Creek (40.0613)	July 1 - October 31	X	–
Stemilt Creek (40.0808) - Upstream of falls	July 1 - February 28	X	–
Tarpiscan Creek (40.0723)	July 1 - February 28	X	–
Tekiason Creek (40.0686)	July 1 - February 28	X	–
Whisky Dick Creek (40.0591)	July 1 - February 28	X	–
Yakima River (39.0002) - Roza Dam to Teanaway River	August 1 - August 31