Current through Register Vol. 24-18, September 15, 2024
The provisions in this section apply to constructing,
maintaining and repairing marinas and terminals in freshwater areas.
(1)
Description:
(a) A marina is a public or private facility
providing vessel moorage space, fuel, or commercial services. Commercial
services include overnight or live-aboard vessel accommodations (RCW
77.55.011(13)) .
(b) A terminal is a public or private
commercial wharf located in the navigable waters of the state and used, or
intended to be used, as a port or facility for storing, handling, transferring,
or transporting goods, passengers, and vehicles to and from vessels
(RCW
77.55.011(14)) .
(2)
Fish life
concerns: Marinas and terminals can alter the physical processes that
create or maintain habitat that supports fish life. Possible impacts may
include alteration of the light regime, hydrology, substrate conditions, and
water quality. Marinas and terminals often have a larger impact area than
residential docks and are often associated with heavy boat traffic and human
use. Thus, the size and magnitude of the potential impacts to fish life may be
greater.
(3)
Marina and
terminal design - Generally:
(a) The
design, location, and construction of new marinas and terminals must follow the
mitigation sequence to protect fish spawning and juvenile salmon migration
corridors, rearing, and feeding areas.
(b) The department may require physical
modeling, numerical modeling, or other information that demonstrates adequate
water exchange and circulation after construction.
(c) Whenever feasible, locate new marinas and
terminals in areas that will minimize impacts to fish life.
(i) Locate new marinas and terminals to
protect native aquatic vegetation.
(ii) Locate new marinas and terminals in
naturally deep areas to avoid or minimize the need for dredging.
(iii) Locate new marinas and terminals in
areas deep enough to protect the bed from propeller wash impacts.
(iv) Locate new marinas and terminals in
areas with low or impaired biological integrity such as heavily industrialized
areas.
(d) Whenever
feasible, design marinas and terminals to allow light penetration to shallow
water areas.
(i) Design marinas and terminals
so that most over-water coverage is in the deepest water feasible.
(ii) Minimize the amount of pier or dock area
that directly contacts the shoreline.
(iii) Minimize the width of over-water and
in-water structures in shallow water areas.
(iv) Design and construct piers and other
over-water structures as high as feasible to increase light
transmission.
(v) Whenever
feasible, use light-reflecting materials on the underside of over-water
structures that are not grated.
(4)
Marina design:
(a) The department may require a marina
design to include grating to minimize impacts to juvenile salmonid migration
corridors and native aquatic vegetation. If grating is required, locate
flotation under the solid decked area only.
(b) Orient grating so the lengthwise opening
maximizes the amount of light penetration. Any objects that are not part of the
structure on, above, or below the grating should not block light
penetration.
(c) Whenever feasible,
provide slips for smaller boats in shallower water and place slips for larger
boats in deeper water.
(d) Do not
locate new boathouses, houseboats, and covered moorages less than thirty feet
from the shoreline and in water less than twenty feet deep (both criteria
measured from mean low water). Houseboats with basements are not
authorized.
(e) Any replacement
roof for a covered moorage and boathouse in water less than thirty feet from
the shoreline and in water less than twenty feet deep (both criteria measured
from mean low water) must incorporate translucent materials or skylights in the
roof.
(f) If artificial nighttime
lighting is used in the design, use low-intensity lights that are located and
shielded to prevent light from attracting fish, unless there are safety
constraints.
(5)
Breakwater design:
(a) Design
and construct breakwaters to maintain shallow water juvenile salmon migration
corridors.
(b) Avoid use of
continuous sheet piles in water less than thirty feet from the shoreline and in
water less than twenty feet deep (measured from mean low water).
(c) Use removable, floating breakwaters or
wave boards.
(6)
Piling design:
(a) Use the
smallest diameter and number of pilings needed to construct a safe
structure.
(b) New and replacement
piling can be steel, concrete, recycled plastic, and/or untreated or
department-approved treated wood.
(c) Treated wood piling must incorporate
design features to minimize abrasion of the piling from contact with vessels,
floats, or other objects.
(d)
Whenever feasible, fit all pilings with devices to prevent perching by
fish-eating birds.
(7)
Marina and terminal construction:
(a) When installing steel piling, a vibratory
hammer is preferred.
(b) If impact
pile driving is needed, set the drop height to the minimum needed to drive the
piling.
(c) Use appropriate sound
attenuation to minimize harm to fish from impact pile-driving noise.
(d) To avoid attracting fish to light at
night, limit impact pile driving to daylight hours whenever feasible.
(e) The department may require the following
when removing piling:
(i) Use a vibratory
system to dislodge piling whenever feasible;
(ii) After removal, place the piling on a
construction barge or other dry storage site. Piling removed from the substrate
must be moved immediately from the water into a barge or other dry storage
site. The piling must not be shaken, hosed off, left hanging to dry or any
other action intended to clean or remove adhering material from the
piling;
(iii) If a treated wood
piling breaks during extraction, remove the stump from the water column by
fully extracting the stump or cut it three feet below the substrate and cap all
buried stumps with clean sediment that matches the native material;
and
(iv) Fill holes left by piling
extraction with clean sediment that matches the native material whenever
feasible.
(f) Securely
anchor floats and mooring buoys.
(g) Dispose of removed docks, piers, ramps,
floats, lines, chains, cables, and mooring anchors in an upland disposal
site.
(h) Place floats and buoys
removed seasonally in an upland area. Do not store on the beach.
(8)
Marina and terminal
maintenance:
(a) Upon request, the
department must issue a renewable, five-year HPA for regular maintenance
activities of a marina or terminal.
(b) Regular maintenance activities for the
five-year HPA may include the following:
(i)
Maintaining or repairing a boat ramp, launch, or float within the existing
footprint;
(ii) Maintaining or
repairing an existing over-water structure within the existing
footprint;
(iii) Maintaining or
repairing boat lifts or railway launches;
(iv) Maintaining or repairing pilings,
including replacing bumper pilings;
(v) Dredging less than fifty cubic yards of
material;
(vi) Maintaining or
repairing shoreline armoring or bank protection;
(vii) Maintaining or repairing wetland,
riparian zone, or estuarine habitat; and
(viii) Maintaining or repairing an existing
outfall.
(c) The
five-year permit must include a requirement that a person give the department a
fourteen-day notice before regular maintenance activities start.