WSR 99-05-023

EXPEDITED ADOPTION

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed February 9, 1999, 11:17 a.m. ]

Title of Rule: Small scale mining.

Purpose: Amend small scale mining rule to correct drafting error.

Statutory Authority for Adoption: RCW 75.20.330.

Statute Being Implemented: RCW 75.20.330.

Summary: Corrects screen size for pump intakes for Class II and III mineral prospecting equipment.

Reasons Supporting Proposal: Drafting errors referenced thousandths of an inch rather than hundredths of an inch.

Name of Agency Personnel Responsible for Drafting: Evan Jacoby, 1111 Washington Street, Olympia, (360) 902-2930; Implementation: Elyse Kane, 1111 Washington Street, Olympia, (360) 902-2402; and Enforcement: Bruce Bjork, 1111 Washington Street, Olympia, (360) 902-2927.

Name of Proponent: Washington State Department of Fish and Wildlife, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The small scale mining rules were adopted on December 4, 1998, but contain errors in screen size descriptions. These rules correct these errors.

Proposal Changes the Following Existing Rules: Correct errors.

NOTICE

THIS RULE IS BEING PROPOSED TO BE ADOPTED USING AN EXPEDITED RULE-MAKING PROCESS THAT WILL ELIMINATE THE NEED FOR THE AGENCY TO HOLD PUBLIC HEARINGS, PREPARE A SMALL BUSINESS ECONOMIC IMPACT STATEMENT, OR PROVIDE RESPONSES TO THE CRITERIA FOR A SIGNIFICANT LEGISLATIVE RULE. IF YOU OBJECT TO THIS RULE BEING ADOPTED USING THE EXPEDITED RULE-MAKING PROCESS, YOU MUST EXPRESS YOUR OBJECTIONS IN WRITING AND THEY MUST BE SENT TO Evan Jacoby, Rules Coordinator, Washington State Department of Fish and Wildlife, 600 Capitol Way North, Olympia, WA 98501-1091 , AND RECEIVED BY April 17, 1999.


February 8, 1999

Evan Jacoby

Rules Coordinator

OTS-2821.1


AMENDATORY SECTION(Amending Order 98-252, filed 12/16/98, effective 1/16/99)

WAC 220-110-204
Use of Class II mineral prospecting equipment.

A copy of the current Gold and Fish pamphlet available from the department shall serve as an HPA, unless otherwise indicated, and be on the job site at all times. Mineral prospecting and placer mining projects authorized through a written HPA may incorporate additional mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. Project activities may be prohibited where project impacts adversely affect fish habitats for which no proven mitigation methods are available. The following technical provisions shall apply to all Class II mineral prospecting and placer mining projects:

(1) The common technical provisions as specified in WAC 220-110-201 and the timing and location restrictions as specified in WAC 220-110-206 through 220-110-207 shall apply to all mineral prospecting and placer mining projects conducted with Class II equipment.

(2) With the exception of the use of one hand-held pan, the use of only Class II mineral prospecting equipment is authorized. In addition to the use of a hand-held pan, no more than one piece of mineral prospecting equipment shall be operated by an individual at any one time and location.

(3) Only one piece of Class II equipment shall be operated at any time at any excavation site.

(4) Collection of aggregate shall be limited to the bed.

(5) A nozzle greater than four inches inside diameter shall be used on a suction dredge only if a reducer or smaller diameter hose is attached to restrict the inside diameter to four inches or less.

(6) Any device used for diverting or pumping water from a fish-bearing stream 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. To prevent fish from entering the system the pump intake shall be screened with either:

(a) ((Six one-thousandths inch (eighteen gauge) woven wire mesh with openings no greater than eighty-seven one-thousandths inches (six to fourteen mesh); or

(b) Perforated plate with openings no greater than ninety-four one-thousandths inch (three thirty-second inch); or

(c) Profile bar with openings no greater than one and seventy-five one-thousandths millimeter (sixty-nine one-hundredths inch).)) 0.06 inch (eighteen gauge) woven wire mesh with openings no greater than 0.087 inches; or

(b) Perforated plate with openings no greater than 0.094 inch (3/32 inch); or

(c) Profile bar with openings no greater than 1.75 millimeter (0.069 inch).

The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than four-tenths feet per second, but in no case shall the surface area be less than one square foot. Screens shall be maintained to prevent injury or entrapment to juvenile fish and screens shall remain in place whenever water is withdrawn from the stream through the pump intake.

(7) There shall be no hydraulicing outside of the wetted perimeter. Hydraulicing may be conducted only for redistribution of tailings within the bed to level or fill pits, potholes or furrows, and the nozzle or jet shall be submerged at all times.

(8) Petroleum products or other harmful materials shall not enter waters of the state. Equipment shall be well maintained and inspected frequently to prevent fuel and fluid leaks.

(9) Water shall be pumped only from a water body to a suction dredge operated within the wetted perimeter or to a highbanker located below the ordinary high water line.

[Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330.  99-01-088 (Order 98-252), 220-110-204, filed 12/16/98, effective 1/16/99.]


AMENDATORY SECTION(Amending Order 98-252, filed 12/16/98, effective 1/16/99)

WAC 220-110-205
Use of Class III mineral prospecting equipment.

A copy of the current Gold and Fish pamphlet available from the department shall serve as an HPA, unless otherwise indicated, and be on the job site at all times. Mineral prospecting and placer mining projects authorized through a written HPA may incorporate additional mitigation measures as necessary to achieve no-net-loss of productive capacity of fish and shellfish habitat. Project activities may be prohibited where project impacts adversely affect fish habitats for which no proven mitigation methods are available. The following technical provisions shall apply to all Class III mineral prospecting and placer mining projects:

(1) The common technical provisions as specified in WAC 220-110-201 and the timing and location restrictions as specified in WAC 220-110-208 shall apply to all mineral prospecting projects conducted with Class III equipment.

(2) With the exception of the use of one hand-held pan, the use of only Class III mineral prospecting equipment is authorized. In addition to the use of a hand-held pan, no more than one piece of mineral prospecting equipment shall be operated by an individual at any one time and location.

(3) Aggregate shall be collected and processed two hundred feet or greater landward of the ordinary high water line.

(4) There shall be no motorized movement of bed materials.

(5) The pump intake shall be placed in the water without moving or relocating any material in or on the bed or banks.

(6) Any device used for diverting or pumping water from a fish-bearing stream 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. To prevent fish from entering the system the pump intake shall be screened with either:

(a) ((Six one-thousandths inch (eighteen gauge) woven wire mesh with openings no greater than eighty-seven one-thousandths inches (six to fourteen mesh); or

(b) Perforated plate with openings no greater than ninety-four one-thousandths inch (three thirty-second inch); or

(c) Profile bar with openings no greater than one and seventy-five one-thousandths millimeter (sixty-nine one-hundredths inch).)) 0.06 inch (eighteen gauge) woven wire mesh with openings no greater than 0.087 inches; or

(b) Perforated plate with openings no greater than 0.094 inch (3/32 inch); or

(c) Profile bar with openings no greater than 1.75 millimeter (0.069 inch).

The screened intake shall consist of a facility with enough surface area to ensure that the velocity through the screen is less than four-tenths feet per second, but in no case shall the surface area be less than one square foot. Screens shall be maintained to prevent injury or entrapment to juvenile fish and screens shall remain in place whenever water is withdrawn from the stream through the pump intake.

(7) Petroleum products or other harmful materials shall not enter waters of the state. Equipment shall be well maintained and inspected frequently to prevent fuel and fluid leaks.

(8) There shall be no hydraulicing.

(9) Settleable solids shall be removed from wastewater prior to the water reentering waters of the state. Sediments resulting from collection or processing of aggregate shall be deposited so they will not enter waters of the state.

[Statutory Authority: RCW 75.08.080, 75.20.100 and 75.20.330.  99-01-088 (Order 98-252), 220-110-205, filed 12/16/98, effective 1/16/99.]

Washington State Code Reviser's Office