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PDFWAC 222-20-017

*Applications that include forest practices hydraulic projects.

(1) Review for consistency with fish protection standards. The department reviews forest practices applications that include forest practices hydraulic projects in Type S and F and associated Np Waters for consistency with fish protection standards.
(2) Preapplication consultation.
(a) Prospective applicants are encouraged to consult with the department and the department of fish and wildlife, including site visits as needed, prior to submitting a forest practices application to the department.
(b) Preapplication consultation helps to ensure that project design and specifications meet fish protection standards.
(c) Preapplication consultation should take place well before submitting an application to the department and well before the desired work windows.
(3) Application time limits. Except for applications involving project types listed in subsection (4)(b) of this section, application time limits for applications that include forest practices hydraulic projects are the same as those listed in WAC 222-20-020.
(4) Review of forest practices hydraulic projects involving Type S and F Waters by the department of fish and wildlife. The department of fish and wildlife's review of forest practices hydraulic projects is guided by WAC 220-110-085, and summarized in (a) and (b) of this subsection:
(a) Except for the particular review process for projects listed in (b)(i) of this subsection, the department of fish and wildlife reviews forest practices hydraulic projects involving Type S and F Waters as follows:
(i) The department of fish and wildlife either provides comments to the department or documents that the review has occurred without the need for comments.
(ii) Prior to commenting, or as soon as reasonably practical, the department of fish and wildlife will communicate with the applicant regarding any concerns relating to consistency with fish protection standards.
(iii) The department of fish and wildlife will also strive to maintain communications with the department as concerns arise, and inform the department of its communications with applicants.
(b) Concurrence review.
(i) The following project types involving Type S and F Waters are subject to the department of fish and wildlife conducting a concurrence review according to the process outlined in WAC 220-110-085(3):
• Culvert installation or replacement, and repair at or below the bankfull width in Type S and F Waters that exceed five percent gradient;
• Bridge construction or replacement, and repair at or below the bankfull width of unconfined streams in Type S and F Waters; or
• Fill within the flood level-100 year of unconfined streams in Type S and F Waters.
(ii) After review of these projects, the department of fish and wildlife must provide written notification of concurrence or nonconcurrence to the department within thirty days of the department officially receiving a complete application, stating whether or not the project is consistent with fish protection standards and including any proposed changes needed to meet fish protection standards.
(iii) As indicated in WAC 222-20-020 (1)(e), the department approves, conditions, or disapproves such applications within sixty days of officially receiving an application. The department of fish and wildlife's review is completed within the first thirty days.
(5) Disapproval.
(a) An application will be disapproved if the department determines, after consultation with the department of fish and wildlife, that a forest practices hydraulic project in the application will result in direct or indirect harm to fish life, unless:
(i) Adequate mitigation can be assured by conditioning the application for the project; or
(ii) The project is modified satisfactorily.
(b) If disapproved, the department will provide a statement to the applicant in writing of the specific reason(s) why, and how the proposed project would adversely affect fish life.
[Statutory Authority: RCW 76.09.040(3). WSR 13-21-032, § 222-20-017, filed 10/8/13, effective 12/30/13.]
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