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a.J I t ~ c 0 I t ~ c DECEMBER 17, 1997 OLYMPIA, WASHINGTON ISSUE 97-24 IN THIS ISSUE Agriculture, Department of Bates Technical College Bellevue Community College Bellingham Technical College Boiler Rules, Board of Clover Park Technical College Corrections, Department of County Road Administration Board Criminal Justice Training Commission Eastern Washington University Ecology, Department of Education, State Board of Everett Community College Executive Ethics Board Fish and Wildlife, Department of Forest Practices Board Fruit Commission Gambling Commission Geographic Names, Board of Health, Department of ·Historical Society, Washington State Horse Racing Commission Jail Industries Board Labor and Industries, Department of Licensing, Department of Lottery Commission Lower Columbia College Minority and Women's Business Enterprises, Office of Natural Resources, Department of Noxious Weed Control Board Olympic College Outdoor Recreation, Interagency Committee for l drks and Recreation Commission Personnel Resources Board Pilotage Commissioners, Board of Public Employees Benefits Board Public Instruction, Superintendent of Puget Sound Air Pollution Control Agency Secretary of State Social and Health Services, Department of South Puget Sound Community College Spokane, Community Colleges of Transportation, Department of University of Washington Utilities and Transportation Commission Walla Walla Community College Wheat Commission Workforce Training and Education Coordinating Board (Subject/Agency index at back of issue) This issue contains documents officially filed not later than Dec.ember 3, 1997 ---PAGE BREAK--- Washington State Register, Issue 97-24 WSR 97-24-076 prize won within one hundred eighty days after the drawing .in which the prize was won, that player's prize shall be .retained in the state lottery account for further use as prizes, pursuant to RCW 67.70.190. Roll-over feature. If no player selects all six winning numbers for any given drawing, the jackpot accumulated for that drawing will be added to the jackpot accumulation for the next drawing. This process is repeated until the jackpot is won. If no player selects five of the six winning numbers for any given drawing, the second prize allocation will be added to the jackpot accumulation for the next drawing. If no player selects four of the six winning numbers for any given drawing, the third prize allocation will be added to the jackpot accumulation for the next drawing. PFize 13ayftleHtS will ee ftlaae iH aeeeFaaeee with WAC 315 30 030(6). Baeh 13rize that has a eash vallie ef $500,000 er ftl0Fe shall ee fl8iS iH tweAty aHHttal 13ayftleHtS. Baeh flFize that has a eash valae ef ftl0Fe thae $250,000 Bttt less thaH $500,000 shall, at the aiseFetieA ef the aiFeeteF, ee 13aia eitheF iA teH aHH'lial fl&yRleHts 9f tWeHty aAAttal 13ayR1eAts. Baeh 13rize that ha9 a eash valae ef $250,000 eF less shall Be 13aia iH 8 Siegle fl8)'ftleHt. · PeF flFizes 13aia e·reF a 13eFi08 ef yeaFs, the letteey will ftlake the fiFst aeeaal 13a~·ftleHt. The FeftlaieiAg 13~· ftlefttS will ee fl8ia iH the feRH aesigAatea the aireeteF.)) .AMENDATORY SECTION (Amending WSR 90-19-048, • filed 9/14/90, effective 10/15/90) · WAC 315-34-050 Ticket purchases. Lotto tickets may be purchased or redeemed during no less than seventeen hours each day in accordance with a schedule to be deter- mined by the director, provided that on-line retailers shall sell and redeem tickets only during their normal business hours. Lotto tickets may be purchased only from a lottery retailer authorized by the director to sell on-line tickets. Lotto tickets shall on the front of the ticket contain the player's selection of numbers, amount, game grids played, drawing date and validation and reference numbers. The back of the ticket shall contain overall odds of winning, player instructions, player information and signature area, and the ticket serial number. At the time of ticket purchase, the player may elect the cash option method of jackpot prize payment. The election of payment method at the time of purchase is final and irrevocable. NEW SECTION WAC 315-34-055 Lotto prize claim and payment methods. The following sets forth requirements for claims and payment of Lotto prizes: Claims for prize payment shall be made in accor- dance with WAC 315-30-030(6). • Prize payments shall be made as follows: • Annuity: A player who elects their prize to be paid annually shall be paid as follows: [ 85 J If the player's share of the announced jackpot prize is $500,000 or more, the player shall be paid in twenty annual installment payments. (ii) If the player's share of the announced jackpot prize is less than $500,000, the director shall have the discretion of paying the winner as follows: The present cash value of the jackpot prize share based on the cost to purchase a twenty-year annuity: Provided, That the present cash value is equal to or greater than fifty percent of their share of the announced jackpot; If the present cash value of the player's share of the announced jackpot is less than fifty percent of their share of the announced jackpot, then the player shall receive a one- time single cash payment of fifty percent of their share of the announced jackpot; or The player shall be paid in twenty annual install- ment payments. Cash option: A player who elects the cash option shall be paid as follows: The player shall receive a one-time single cash payment of fifty percent of their share of the announced jackpot; or (ii) If the director exercises his or her discretion as set forth in (a)(ii)(A) or of this subsection, a player who elects the cash option will receive the same amount as those who have chosen to receive an annuity. WSR 97-24-091 PERMANENT RULES FOREST PRACTICES BOARD [Filed December 3, 1997, 8:49 a.m.] Date of Adoption: November 12, 1997. Note: The board adopted the rules on this date provided that no written objections were received by November 15, 1997. No objections were received. Purpose: To make editorial, nonsubstantial changes to Title 222 WAC. Citation of Existing Rules Affected by this Order: Amending WAC 222-08-035, 222-10-040, 222-12-040, 222- 12-046, 222-12-050, 222-12-090, 222-16-010, 222-16-030, 222-16-035, 222-16-050, 222-16-070, 222-16-080, 222-20- 060, 222-22-020, 222-22-040, 222-22-050, 222-22-080, 222- 22-090, 222-24-030, 222-24-040, 222-24-050, 222-30-020, 222-30-050, 222-30-060, 222-30-070, 222-30-100, 222-38- 020, 222-46-030, and 222-50-020. Statutory Authority for Adoption: RCW 76.09.040 and chapter 34.05 RCW. Adopted under notice filed as WSR 97-19-10 l on September 17, 1997. Number of Sections Adopted in Order to Comply with Federal Statute: New 0, amended 0, repealed O; Federal Rules or Standards: New 0, amended 0, repealed 0; or Recently Enacted State Statutes: New 0, amended 0, repealed 0. Number of Sections Adopted at Request of a Nongov- ernmental Entity: New 0, amended 0, repealed 0. Number of Sections Adopted on the Agency's own Initiative: New 0, amended 29, repealed 0. Permanent ---PAGE BREAK--- Washington State Register, Issue 97-24 WSR 97-24-091 "Watershed analysis" means, for a given WAU, the ~ssessment completed under WAC 222-22-050 or 222-22- .060 together with the prescriptions selected under WAC 222- 22-070 and shall include assessments completed under WAC 222-22-050 where there are no areas of resource sensitivity. "Weed" is any plant which tends to overgrow or choke out more desirable vegetation. "Western Washington" means the lands of the state lying west of the administrative line described in the definition of Eastern Washington. "Wetland" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and under normal circumstanc- es do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, such as swamps, bogs, fens, and similar areas. This includes wetlands created, restored, or enhanced as part of a mitigation procedure. This does not include constructed wetlands or the following surface waters of the state intentionally constructed from wetland sites: Irrigation and drainage ditches, grass lined swales, canals, agricultural detention facilities, farm ponds, and landscape amenities. "Wetland functions" include the protection of water quality and quantity, providing fish and wildlife habitat, and the production of timber. "Wetland management zone" means a specified area adjacent to Type A and B Wetlands where specific measures are taken to protect the wetland functions. "Wildlife" means all species of the animal kingdom .whose members exist in Washington in a wild state. The .term "wildlife" includes, but is not limited to, any mammal, bird, reptile, amphibian, fish, or invertebrate, at any stage of development. The term "wildlife" does not include feral domestic mammals or the family Muridae of the order Rodentia (old world rats and mice). "Wildlife reserve trees" means those defective, dead, damaged, or dying trees which provide or have the potential to provide habitat for those wildlife species dependent on standing trees. Wildlife reserve trees are categorized as follows: Type 1 wildlife reserve trees are defective or deformed live trees that have observably sound tops, limbs, trunks, and roots. They may have part of the top broken out or have evidence of other severe defects that include: "Cat face," animal chewing, old logging wounds, weather injury, insect attack, or lightning strike. Unless approved by the landown- er, only green trees with visible cavities, nests, or obvious severe defects capable of supporting cavity dependent species shall be considered as Type I wildlife reserve trees. These trees must be stable and pose the least hazard for workers. Type 2 wildlife reserve trees are dead Type 1 trees with sound tops, limbs, trunks, and roots. Type 3 wildlife reserve trees are live or dead trees with unstable tops or upper portions. Unless approved by the lan~owner, only green trees with visible cavities, nests, or ~ obvious s~vere defects ca~able of supporting cavity depen- ent species shall be considered as Type 3 wildlife reserve trees. Although the roots and main portion of the trunk are sound, these reserve trees pose high hazard because of the defect in live or dead wood higher up in the tree. [ 93] Type 4 wildlife reserve trees are live or dead trees with unstable trunks or roots, with or without bark. This includes "soft snags" as well as live trees with unstable roots caused by root rot or fire. These trees are unstable and pose a high hazard to workers. means a natural process by which trees are uprooted or sustain severe trunk damage by the wind. "Young forest marginal habitat" see WAC 222-16- 085 AMENDATORY SECTION (Amending WSR 94-01-134, filed 12/20/93, effective 1/1/94) WAC 222-16-030 Water typing system. *The ?epartment in cooperation with the departments of ((.ftshef- teS;)) fish and wildlife.1. and ecology, and in consultation with affected Indian tribes shall classify streams, lakes and ponds and prepare stream classification maps showing the location of Type 1, 2, 3 and 4 Waters within the various forested areas of the state. Such maps shall be available for public inspection at region offices of the department. The waters w~ll be classifi~d using the following criteria. If a dispute anses concernmg a water type the department shall make available informal conferences, which shall include the departments of ((fisheries,)) fish and wildlife.1. and ecology, and affected Indian tribes and those contesting the adopted water types. These conferences shall be established under procedures established in WAC 222-46-020. "Type 1 Water" means all waters, within their ordinary high-water mark, as inventoried as "shorelines of the state" under chapter 90.58 RCW and the rules promulgat- ed pursuant to chapter 90.58 RCW, but not including those waters' associated wetlands as defined in chapter 90.58 RCW. "Type 2 Water" shall mean segments of natural waters which are not classified as Type 1 Water and have a high fish, wildlife, or human use. These are segments of natural waters and periodically inundated areas of their associated wetlands, which: Are diverted for domestic use by more than 100 residential or camping units or by a public accommodation facility licensed to serve more than 100 persons, where such diversion is determined by the department to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type 2 Water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent ' Ar~ within a federal, state, local, or private camp- ground havmg more than 30 camping units: Provided, That ~he water shall not be considered to enter a campground until 1t reaches the boundary of the park lands available for public use and comes within 100 feet of a camping unit, trail or other park improvement; Are used by substantial numbers of anadromous or resident g~me fish for spawning, rearing or migration. Waters. havm~ th.e following characteristics are presumed to have highly s1gmficant fish populations: Stream segments having a defined channel 20 feet or greater in width between the ordinary high-water marks and having a gradient of less than 4 percent. Permanent ---PAGE BREAK--- WSR 97-24-091 Washington State Register, Issue 97-24 (ii) Lakes, ponds, or impoundments having a surface area of 1 acre or greater at seasonal low water((-:)); or Are used by salmonids for off-channel habitat. These areas are critical to the maintenance of optimum survival of juvenile salmonids. This habitat shall be identi- fied based on the following criteria: The site must be connected to a stream bearing salmonids and accessible during some period of the year; and (ii) The off-channel water must be accessible to juvenile salmonids through a drainage with less than a 5% gradient. "Type 3 Water" shall mean segments of natural waters which are not classified as Type 1 or 2 Water and have a moderate to slight fish, wildlife, and human use. These are segments of natural waters and periodically inundated areas of their associated wetlands which: Are diverted for domestic use by more than 10 residential or camping units or by a public accommodation facility licensed to serve more than 10 persons, where such diversion is determined by the department to be a valid appropriation of water and the only practical water source for such users. Such waters shall be considered to be Type 3 Water upstream from the point of such diversion for 1,500 feet or until the drainage area is reduced by 50 percent, whichever is less; Are used by significant numbers of anadromous fish for spawning, rearing or migration. Waters having the following characteristics are presumed to have significant anadromous fish use: Stream segments having a defined channel of 5 feet or greater in width between the ordinary high-water marks; and having a gradient of less than 12 percent and not upstream of a falls of more than 10 vertical feet. (ii) Ponds or impoundments having a surface area of less than 1 acre at seasonal low water and having an outlet to an anadromous fish stream. Are used by significant numbers of resident game fish. Waters with the following characteristics are presumed to have significant resident game fish use: Stream segments having a defined channel of 10 feet or greater in width between the ordinary high-water marks; and a summer low flow greater than 0.3 cubic feet per second; and a gradient of less than 12 percent. (ii) Ponds or impoundments having a surface area greater than 0.5 acre at seasonal low water((-:)); or Are highly significant for protection of water quality. Tributaries which contribute greater than 20 percent of the flow to a Type 1 or 2 Water are presumed to be significant for 1,500 feet from their confluence with the Type 1 or 2 Water or until their drainage area is less than 50 percent of their drainage area at the point of confluence, whichever is less. "Type 4 Water" classification shall be applied to segments of natural waters which are not classified as Type 1, 2 or 3, and for the purpose of protecting water quality are classified as Type 4 Water upstream until the channel width becomes less than 2 feet in width between the ordinary high-water marks. Their significance lies in their influence on water quality in Type 1, 2, and 3 Waters. These may be perennial or intermittent. "Type 5 Water" classification shall be applied to all natural waters not classified as Type 1, 2, 3 or 4; includ- Permanent [ 94 I ing streams with or without well-defined channels, areas of perennial or intermittent seepage, ponds, natural sinks and. drainageways having short periods of spring or storm runoff For purposes of this section: "Residential unit" means a home, apartment, residen- tial condominium unit or mobile home, serving as the princi- pal place of residence. "Camping unit" means an area intended and used for: Overnight camping or picnicking by the public containing at least a fireplace, picnic table and access to water and sanitary facilities; or (ii) A permanent home or condominium unit or mobile home not qualifying as a "residential unit" because of part time occupancy. "Resident game fish" means game fish as described in the Washington game code that spend their life cycle in fresh water. Steelhead, searun cutthroat and Dolly Varden trout are anadromous game fish and should not be confused with resident game fish. "Public accommodation facility" means a business establishment open to and licensed to serve the public, such as a restaurant, tavern, motel or hotel. "Natural waters" only excludes water conveyance systems which are artificially constructed and actively maintained for irrigation. "Seasonal low flow" and "seasonal low water" mean the conditions of the 7-day, 2-year low water situation, as measured or estimated by accepted hydrologic techniques recognized by the department. • "Channel width and gradient" means a measurement. over a representative section of at least 500 linear feet with at least 10 evenly spaced measurement points along the normal stream channel but excluding unusually wide areas of negligible gradient such as marshy or swampy areas, beaver ponds and impoundments. Channel gradient may be determined utilizing stream profiles plotted from United States geological survey topographic maps. "Intermittent streams" means those segments of streams that normally go dry. AMENDATORY SECTION (Amending WSR 94-17-033, filed 8/10/94, effective 8/13/94) WAC 222-16-035 Wetland typing system. *The department in cooperation with the departments of ies;)) fish and wildlife, and ecology, and affected Indian tribes shall classify wetlands. The wetlands will be classi- fied in order to distinguish those which require wetland management zones and those which do not. Wetlands which require wetland management zones shall be identified using the following criteria. Accurate delineation of wetlands in accordance with the manual shall be required only where necessary to determine whether replacement by substitution or enhancement is required pursuant to WAC 222-24- 025(10) and shall be limited to the area of wetland proposed to be filled. For the purposes of determining acreage to classify or type wetlands under this section, approximate. determination using aerial photographs and maps, including. the national wetlands inventory, shall be sufficient. In addition, the innermost boundary of the wetland management zone on Type A or B wetlands may be determined by either