Summary Sheet Meeting Date: April 9, 2021 Agenda Item: A

Summary Sheet Meeting date: April 9, 2021 Agenda item: A. 2020 Hydraulic Code Rulemaking Implementing ESHB 1261 – Briefing and Adoption Presenter(s): Margen Carlson, Habitat Program Director, Andy Carlson, Protection Division Manager, and Theresa Nation, Protection Division Environmental Planner

Background summary:

Habitat Program staff will brief the Commission on comments received and changes proposed to the amendments to the Hydraulic Code rules needed to implement ESHB 1261. This Bill requires that anyone wishing to conduct mineral prospecting using motorized or gravity siphon equipment, or desires to discharge effluent to waters of the state from such activity, must provide proof of compliance with the Clean Water Act issued by the Department of Ecology as part of a Hydraulic Project Approval permit (HPA) application. The Bill also introduced two new definitions. These changes modify Chapter 77.55 RCW.

In order to implement the Bill, WDFW proposes to amend WAC sections 220-660-030 Definitions, 220- 660-050 Procedures; 220-660-300 Mineral Prospecting; and 220-660-305 Suction Dredging. The Commission held a public hearing on proposed rule changes on January 29, 2021, via webinar.

Materials

Because Hydraulic Code Rules are significant legislative rules, you have a large volume of material before you.

• A summary of comments received – both general and specific to the proposed rules – and WDFW’s responses to those comments; • Proposed rule changes: o WAC 220-660-030 (Definitions) o WAC 220-660-050 (Procedures) o WAC 220-660-300 (Mineral Prospecting) o WAC 220-660-305 (Suction Dredging) • Implementation Plan; • Final Regulatory Analysis document, including cost-benefit analysis and least-burdensome alternative analysis; and • Small Business Economic Impact Statement (SBEIS)

The SBEIS is the same version provided to the Commission prior to the public hearing. The Regulatory Analysis has minor edits, but the substance remains the same. Copies of the Response to Comments, Implementation Plan, SBEIS, CR-102 and Regulatory Analysis document are available on the HPA rule making web page at https://wdfw.wa.gov/licenses/environmental/hpa/rulemaking .

The rule filing (CR-103P Rule Making Order) and a Concise Explanatory Statement (including the summary of comments received) will be available online if/when the rule adoption is filed with the code reviser.

Changes between the CR-102 proposed rule and the proposed final (amended) rule

There are two changes between the CR-102 version of the rules and the proposed adoption version rules. These changes have already been made in the version of the rules you have received in your notebooks. WAC Section Proposed change from CR-102 Reason for change 220-660-030(72) "Hand-held mineral prospecting tools" means Clarification. To eliminate confusion tools used for mineral prospecting that are about moving parts on hand-held held by hand, and do not have moving parts, mineral prospecting tools. Clarifies that and are not powered, in whole or in part, by they may not have moving parts internal combustion, electricity, hydraulics, or powered by internal combustion, pneumatics. Examples include, but are not electricity, hydraulics, or pneumatics. necessarily limited to, metal detectors, Reference to metal detectors is also shovels, picks, trowels, hammers, and pry bars removed. The change is in response to public comments.

220-660-305(5)(c) Motorized or gravity siphon equipment Clarification. Rather than listing those listed in the previous provision may be specific areas where the Washington used ONLY in waters in Adams, Benton, Department of Ecology prohibits Clallam, Franklin, Grant, Grays Harbor, motorized or gravity siphon equipment, Lincoln, Spokane, Whitman, and Yakima this change more generally refers to counties that are NOT designated under the the Department of Ecology’s authority Endangered Species Act as critical habitat under