Current through Register Vol. 24-18, September 15, 2024
(1)
Description: Only applicable
common construction provisions will be applied to a specific hydraulic project.
Common construction provisions include job site access, equipment use,
construction materials, sediment and erosion control containment, in-water work
area isolation, fish removal, job site repair, and revegetation.
(2)
Fish life concerns:
Construction and other work can negatively affect fish life. Some activities
can kill or injure fish while others can cause behavioral changes that reduce
fish growth and survival. Some activities can damage the habitat used for
spawning and egg incubation, rearing, feeding, hiding from predators, and
migration.
(3)
Staging
areas: Establish staging areas (used for activities such as equipment
storage, vehicle storage, fueling, servicing, and hazardous material storage)
in a location and manner that will prevent contaminants such as petroleum
products, hydraulic fluid, fresh concrete, sediments, sediment-laden water,
chemicals, or any other toxic or harmful materials from entering waters of the
state.
(4)
Job site
access:
(a) Use existing roadways or
travel paths whenever feasible. If not feasible, minimize the number of new
temporary access roads constructed.
(b) The design and location of new temporary
access roads must follow the mitigation sequence to protect waters of the state
from erosion and delivery of sediment.
(c) Clearly mark boundaries to establish the
limit of work associated with site access and construction.
(d) Limit removal of native vegetation to one
side of the channel to maintain the best shade coverage whenever feasible.
Locate the project access site to minimize the need to remove woody vegetation.
Woody vegetation greater than four inches diameter that must be removed to
construct the hydraulic project must be marked in the field by the applicant
and approved for removal by the department.
(e) Retain all natural habitat features on
the bed or banks including large woody material and boulders. These natural
habitat features may be moved during construction but they must be placed near
the preproject location before leaving the job site.
(5)
Equipment use:
(a) Confine the use of equipment to specific
access and work corridors to protect riparian, wetland, and aquatic
vegetation.
(b) If wet or muddy
conditions exist, in or near a riparian zone or wetland area, use equipment
that reduces ground pressure whenever feasible.
(c) Check equipment daily for leaks and
complete any required repairs in an upland location before using the equipment
in or near the water.
(d) Equipment
used in or near water must use environmentally acceptable lubricants composed
of biodegradable base oils. These are vegetable oils, synthetic esters, and
poly-alkylene glycols. The department may waive this requirement for a small
project that has minimal use of equipment in or near the water if the duration
of the project is forty-eight hours or less or if containment prevents the
lubricants from entering waters of the state.
(6)
Construction materials:
(a) Store all construction and deconstruction
material in a location and manner that will prevent contaminants such as
petroleum products, hydraulic fluid, fresh cement, sediments, sediment-laden
water, chemicals, or any other toxic or harmful materials from entering waters
of the state.
(b) Do not stockpile
construction material waterward of the OHWL in waters of the state unless
authorized by the department.
(c)
Use only clean, suitable material as fill material (no trash, debris, car
bodies, tires, asphalt, concrete, etc.).
(d) If the department approves the use of
angular rock, the rock must be large enough and installed to withstand the
100-year peak flow or other design flow approved by the department.
(e) To prevent leaching, construct forms to
contain any wet concrete. Place impervious material over any exposed wet
concrete that will come in contact with waters of the state. Forms and
impervious materials must remain in place until the concrete is
cured.
(f) Do not use wood treated
with oil-type preservative (creosote, pentachlorophenol) in any hydraulic
project. Wood treated with waterborne preservative chemicals (ACZA, ACQ) may be
used if the western wood preservers institute has approved the waterborne
chemical for use in the aquatic environment. The manufacturer must follow the
western wood preservers guidelines and the best management practices to
minimize the preservative migrating from treated wood into aquatic
environments. To minimize leaching, wood treated with a preservative by someone
other than a manufacturer must follow the field treating guidelines. These
guidelines are available at
www.wwpinstitute.org.
(g) The department discourages the use of
whole tires. However, products made from recycled tires specifically
manufactured for use in the aquatic environment are approved by the
department.
(7)
Construction-related sediment, erosion, and pollution containment:
(a) Unless approved by the department, work
in the dry watercourse (when no natural flow is occurring in the channel, or
when flow is diverted around the job site).
(b) Protect all disturbed areas from erosion.
Maintain erosion and sediment control until work and cleanup of the job site
are completed.
(c) When using straw
for erosion and sediment control, use only straw that has been certified as
free of noxious weeds and their seeds.
(d) If flow conditions arise that are likely
to result in unanticipated and unpreventable erosion or siltation of waters of
the state, all hydraulic project activities must stop except those needed to
control erosion and siltation.
(e)
Prevent contaminants from the project, such as petroleum products, hydraulic
fluid, fresh concrete, sediments, sediment-laden water, chemicals, or any other
toxic or harmful materials, from entering or leaching into waters of the
state.
(f) Use tarps or other
methods to completely contain treated wood, sawdust, trimmings, and drill
shavings.
(g) Route the
construction water (wastewater) from the project to an upland area above the
limits of anticipated floodwater. Remove fine sediment and other contaminants
before discharging the construction water to waters of the state.
(h) Deposit waste material from the project,
such as construction debris, silt, excess dirt, or overburden, in an upland
area above the limits of anticipated floodwater unless the material is approved
by the department for reuse in the project. Do not burn wood treated with
preservatives, trash, waste, or other deleterious materials waterward of the
OHWL.
(i) Deposit all trash from
the project at an appropriate upland location.
(j) Prevent transporting and introducing
aquatic invasive species by thoroughly cleaning vessels, equipment, boots,
waders, and other gear before removing the gear from the job site.
(8)
In-water work area
isolation using block nets:
(a) Do not
install block nets at sites with heavy vegetation, large cobble or boulders,
undercut banks, or deep pools unless nets can be secured and
maintained.
(b) The department must
determine the maximum size of the block net opening. The size of the opening
depends on the bypass design, the purpose of the block net, and the fish
species likely to be present.
(c)
Install block nets at sites that have reduced flow volume or velocity, uniform
depth, and good accessibility.
(d)
Install a downstream block net if fish may reenter the work area from
downstream.
(e) After the first
block net is secured at the upstream end, use a second block net to herd fish
downstream and out of the project area.
(f) Install the block nets at an angle to the
direction of flow (not perpendicular to the flow) to avoid entrapping fish in
the net.
(g) To anchor block nets,
place bags filled with clean round gravel along the bottom of the
nets.
(h) Secure block nets along
both banks and the channel bottom to prevent failure from debris accumulation,
high flows, and/or flanking.
(i) To
keep fish out of the job site, leave block nets in place until the work is
complete and conditions are suitable for fish.
(j) Check block nets at least three times a
day for entangled fish and accumulated debris.
(9)
In-water work area isolation using
a temporary bypass:
(a) Isolate fish
from the work area by using either a total or partial bypass to reroute the
stream through a temporary channel or pipe.
(b) The hydraulic capacity of the stream
bypass must be equal to or greater than the peak flow event expected when the
bypass will be operated. The department may require a person to conduct a
hydrologic analysis to determine the magnitude of this flow event. The
department will not require hydraulic analysis for a bypass on a stream with
low flow.
(c) Provide fish passage
during times of the year when fish are expected to migrate.
(d) Sequence the work to minimize the
duration of dewatering.
(e) Use the
least-impacting feasible method to temporarily bypass or exclude water from the
work area. Consider the physical characteristics of the site and the
anticipated volume of water flowing through the work area.
(f) Design the temporary bypass to minimize
the length of the dewatered stream channel.
(g) During all phases of bypass installation
and decommissioning, maintain flows downstream of the project site to ensure
survival of all downstream fish.
(h) Install the temporary bypass before
starting other construction work in the wetted perimeter.
(i) The department may require the
installation of a cofferdam or similar device at the upstream and downstream
end of the bypass to prevent backwater from entering the work area.
(j) Return diverted water to the channel
immediately downstream of the work area. Dissipate flow energy from the
diversion to prevent scour or erosion of the channel and bank.
(k) If the diversion inlet is a gravity
diversion that provides fish passage, place the diversion outlet where it
facilitates gradual and safe reentry of fish into the stream channel.
(I) If the bypass is a pumped
diversion it must run continuously, once started, until it is no longer
necessary to bypass flows. This requires back-up pumps on-site and
twenty-four-hour monitoring for overnight operation.
(m) If the diversion inlet is a pump
diversion in a fish-bearing stream, the pump intake structure must have a fish
screen installed, operated, and maintained in accordance with
RCW
77.57.010 and
77.57.070. Screen the pump intake
by one of the following:
(i) Perforated
plate: 0.094 inch (maximum opening diameter);
(ii) Profile bar: 0.069 inch (maximum width
opening); or
(iii) Woven wire:
0.087 inch (maximum opening in the narrow direction).
(iv) The minimum open area for all types of
fish screens is twenty-seven percent. The screened intake must have enough
surface area to ensure that the velocity through the screen is less than 0.4
feet per second.
(n) The
fish screen must remain in place whenever water is withdrawn from the stream
through the pump intake.
(o)
Maintain fish screens to prevent injury or entrapment of fish.
(p) Remove fish screens on dewatering pumps
in the isolated work area only after all fish are safe and excluded from the
work area.
(q) Isolate pump hose
intakes with block nets so that fish do not get near the intake.
(r) Before restoring water to the work area,
stabilize the bed with clean material sized to match undisturbed
sediments.
(s) Complete all
in-water and channel restoration work before rewatering the work
area.
(10)
In-water work area isolation using a cofferdam structure:
(a) Use modeling to determine the impact of
the cofferdam or similar device on water-surface elevations during all
anticipated flows. The department will not require modeling for a cofferdam
installed in a stream with low flow.
(b) When designing the cofferdam or similar
device, consider the infiltration rate of seepage flow from the riverbed and
banks.
(c) Install and remove
cofferdams or similar devices in a manner that maintains water
quality.
(11)
In-water work without a bypass or cofferdam: In the following
instances, the department will not require the use of a cofferdam, bypass, or
similar structure to separate the work area from waters of the state:
(a) When installing a cofferdam, bypass, or
similar structure would cause greater impacts to fish life than it would
prevent;
(b) When the work area is
in deep or swiftly flowing water;
(c) When turbidity is not a
concern;
(d) When fish can be
excluded by nets or screens; or
(e)
When fish are not present.
(12)
Fish removal:
(a) All persons participating in fish capture
and removal must have training, knowledge, and skills in the safe handling of
fish.
(b) If electrofishing will be
conducted, a person with electrofishing training must be on-site to conduct or
direct all electrofishing activity.
(c) If personnel are available, the
department and affected tribes may help capture and move fish life from the job
site.
(d) Place block nets upstream
and downstream of the in-water work area.
(e) Capture and safely move fish life from
the work area to the nearest suitable free-flowing water.
(f) The department will require all person(s)
removing fish from a job site to follow an approved protocol. An approved
protocol is available on the department web site. A person may submit another
protocol with their application. The department will approve another protocol
if it provides equal or better fish protection. The protocol will be approved
by the department in the HPA.
(13)
Demobilization and cleanup:
(a) Restore the disturbed bed, bank, and
riparian zones as close as possible to preproject condition unless modified
elevations and contours are authorized by the department in the approved
construction drawings.
(b)
Completely remove any temporary fill and return the affected areas to
preproject elevation and contours. Fill material must be removed before the end
of the in-water timing window if the fill material could erode into or deliver
sediment-laden water into waters of the state.
(c) By the end of the in-water work period,
abandon temporary roads in wet or flood-prone areas.
(d) By the end of the in-water work period,
remove all temporary stream crossings and restore the bed and banks to
preproject condition.
(e) Upon
completion of the project, remove all materials or equipment from the site and
dispose of all excess spoils and waste materials in an upland area above the
limits of anticipated floodwater.
(f) To prevent fish from stranding, backfill
trenches, depressions, and holes in the bed that may entrain fish during high
water or wave action.
(g) Removed
or replaced structures and associated materials must not reenter waters of the
state unless approved by the department.
(h) To minimize sediment delivery to the
stream or stream channel, do not return in-stream flows to the work area from a
bypass, cofferdam or similar structure until all in-channel work is completed
and the bed and banks are stabilized.
(i) Using a proven methodology, replace
native riparian zone and aquatic vegetation, and wetland vascular plants
(except noxious weeds) damaged or destroyed by construction. The department may
require a vegetation monitoring and contingency plan.
(j) The department must approve species
composition, planting densities, and a maintenance plan for replanting on a
site-specific basis. The species composition should be similar to the
surrounding native vegetation whenever feasible.
(k) Complete replanting during the first
dormant season (late fall through late winter) after project completion.
Maintain plantings for at least three years to ensure at least eighty percent
of the plantings survive. Failure to achieve the eighty percent survival in
year three will require that a person submit a plan with follow-up measures to
achieve requirements or reasons to modify requirements.
(l) The department may waive the requirement
to plant vegetation where the potential for natural revegetation is adequate or
where other factors preclude it.
(m) The department may require fencing or
other structures to prevent livestock, wildlife, or unauthorized persons from
accessing the replanted riparian and wetland sites until the plantings are well
established.
(n) Remove temporary
erosion and sediment control methods after job site is stabilized.
(14)
Required permittee
notification: If a fish kill occurs or fish are observed in distress at
the job site, immediately stop all activities causing harm. Immediately notify
the department of the problem. If the likely cause of the fish kill or fish
distress is related to water quality, also notify the Washington military
department emergency management division at 1-800-258-5990. Activities related
to the fish kill or fish distress must not resume until the department gives
approval. The department may require additional measures to mitigate
impacts.