Disposal
1. In-water Disposal*

a. General**

i. Proposals for in-water disposal of dredged materials shall:

a) Demonstrate the need for the proposed action and that there are no alternative disposal sites or methods that entail less damaging environmental impacts;
b) Demonstrate that the dredged sediments meet DMEF sediment testing requirements and state and federal water quality standards;
c) Demonstrate that the proposed disposal will not create a hazard to safe navigation.
d) Give priority to those disposal sites which allow for the beneficial use of the dredged material.
e) Not be permitted in the vicinity of a public water intake.

ii. Proposals for in-water disposal shall be coordinated with commercial fishing interests, including, but not limited to: the Columbia River Fisherman's Protective Union, Northwest Gillnetters Association, Salmon for All, other known fishing organizations and the State fishery agencies. In-water disposal actions shall avoid drift rights whenever feasible. When it is not feasible to avoid drift rights, impacts shall be minimized in coordination with fisheries interests through:

a) Disposal timing
b) Gear placement
c) Choice of disposal area within the drift, and
d) Disposal techniques to avoid snag placement

iii. All in-water disposal and agitation dredging shall be monitored to assure that estuarine sedimentation has no adverse effects on biota, and is consistent with the resource capabilities and purpose of affected natural and conservation designations.
iv. With regard to in-water disposal in the river, estuary and ocean:

a) Consideration shall be given to the need for the proposed disposal, the availability and desirability of alternate sites and methods of disposal that might be less damaging to the environment. No site should be used if insufficient sediment type and benthic population data are available to provide a general idea of the biological value of the site.
b) The size and chemical characteristics of the dredged material should be compared with those of the disposal site, and consideration shall be given to matching the dredged material to the capabilities of the site.
c) Erosion, sedimentation, increased flood hazard, inhibited fish utilization and passage, and other undesirable changes in circulation shall be avoided, minimized, and mitigated during the disposal of dredged material.
d) Adverse impacts to tidal marshes, tidal flats and other wetlands shall be avoided, minimized, and mitigated.
e) Dredged material disposal shall not be permitted in the vicinity of a public water supply intake.

v. For projects that involve disposal on three year or shorter intervals, the monitoring requirement may be waived by the affected jurisdiction(s) after adequate monitoring has been conducted to demonstrate that estuarine sedimentation has no adverse effects on biota, and is consistent with resource capabilities and purpose of the affected natural and conservation zones. If more than three years has elapsed since the previous disposal action or if disposal amounts have increased substantially over the previous disposal volume this requirement shall not be waived.
vi. Prior to undertaking disposal, a monitoring program designed to test whether or not the disposal is adversely affecting estuarine resources shall be established and agreed upon by local, state, and federal agencies. The dredging project proponent shall conduct the monitoring as specified in the program.
vii. After disposal has been completed, the project proponent shall report the volume of material placed at the site.