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
. WSR 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. WSR 83-09-019 (Order 83-25), § 220-110-180, filed 4/13/83.]