a. Dredging in estuarine aquatic areas, subject to dredging and
dredged material disposal policies and standards, shall be allowed
only:
i. If specifically allowed by the applicable
zone and required for one or more of following uses and activities:
a) navigation or navigational access;
b) an approved water dependent use of aquatic areas or adjacent
shorelands requiring an estuarine location;
c) an approved restoration project;
d) excavation necessary for approved bridge crossing support
structures, pipeline, cable, or utility crossing;
e) maintenance of existing tidegates and tidegate drainage channels
(Oregon jurisdictions add "where a goal 16 exception has
been approved");
f) aquaculture facilities.
ii. If a need (i.e. a substantial public benefit) is demonstrated
and the use or alteration does not unreasonably interfere with
public trust rights; and
iii. If adverse impacts are avoided, minimized, and mitigated;
and
iv. The appropriate review/permitting process for impacts
to an ESA-listed species has been followed and is approved/permitted
by the appropriate Fisheries agency; and,
v. The activity abides by all required local, state and federal
permits.
b. When dredging is permitted, the dredging shall be the minimum
necessary to accomplish the proposed use.
c. Impacts on areas adjacent to the dredging site such
as destabilization
of fine textured sediments, erosion, siltation, and other undesirable
changes in circulation patterns shall be minimized.
d. The effects of both initial and subsequent maintenance
dredging shall be considered prior to approval of new
projects or expansion of existing projects.
e. Projects will not be approved unless disposal sites
with adequate
capacity to meet initial excavation dredging and at least five
years of expected maintenance dredging requirements are available.
f. Minor dredging of existing tidegate drainage channels
and drainage
ways is limited to the amount necessary to maintain and restore
flow capacity essential for the function of tidegates and to
allow drainage and protection of agriculture and developed areas.
Tidegate maintenance dredging does not include enlarging or extending
the dimensions of, or changing the bottom elevations of, the
affected tidegate drainage channel or drainage way as it existed
prior to the accumulation of sediments.
g. Sand extraction projects shall be associated with an
approved dredging project in the area.
h. Dredging for mining and mineral extraction is prohibited.
i. Dredging shall be allowed only where said dredging
is consistent
with the resource capabilities of the affected zone.
Oregon jurisdictions add the following
policies:
j. New dredging in Aquatic Conservation zones may be permitted only
for:
i. Aquaculture;
ii. High intensity water-dependent recreation, including boat
ramps and marinas;
iii. Minor navigational improvements;
iv. Active restoration;
v. Bridge crossing support structures;
vi. Pipelines, cables, and utility crossings;
k. New dredging in Aquatic Natural zones may be permitted only for:
i. Maintenance or installation of bridge
crossing support structures;
ii. Pipelines, cables, and utility crossings.
l. Dredging for the installation of bridge crossing support structures
and for pipelines, cables, and utility crossings shall be allowed
only where said dredging is consistent with the resource capabilities
of the affected area.
