23.60A.184

A. In shoreline environments where fill is allowed or allowed as a special use or a shoreline conditional use it shall comply with the standards in Section 23.60A.172 and in this Section 23.60A.184 . B. Fill materials shall be of a quality that will not cause degradation of water or sediment quality. C. Solid waste, refuse, and debris shall not be placed in the water or on shorelands. D. Fills shall be designed, located, constructed, and managed to ensure stability of slopes created including the provision of vegetation, retaining walls, or other mechanisms for erosion prevention. E. Dredged material not meeting the federal Environmental Protection Agency and Ecology criteria for open-water disposal may be used for fill in the water or shorelands if the applicant demonstrates that: 1. The fill meets the criteria for fill in Section 23.60A.172 and this Section 23.60A.184 ; 2. Either the area in which the fill material is placed has the same level of the same contaminant or the material is placed in a manner that it will not be a source of contaminants in an area cleaner than the proposed fill material; 3. The fill can be placed in the water or on the land without long-term adverse impacts to water quality, sediment quality, aquatic life, or human health, provided that if the fill is dredged material, placement of the material also complies with Section 23.60A.182 ; and 4. If classified by the state or federal government as problem or hazardous waste, any required federal Environmental Protection Agency and Ecology approval is obtained. F. Fill shall not result in the creation of dry land except where necessary for transportation projects of statewide significance, as part of ecological restoration and enhancement, beach nourishment, mitigation, or where necessary to repair pocket erosion as allowed in subsection 23.60A.184.G. G. Fill that creates dry land that is necessary to repair pocket erosion between adjacent revetments is required to meet the standards of this Section 23.60A.184 and the following standards: 1. The repair of the erosion pocket is necessary to protect water-dependent or water-related uses; 2. The erosion pocket does not exceed 20 feet in length or 100 feet of shoreline, as measured between adjacent revetments; 3. The erosion pocket is in an area characterized by continuous revetments abutting and extending in both directions along the shoreline away from the erosion pocket; 4. The fill will not appreciably increase interference with a system of beach accretion and erosion; and 5. The fill does not extend beyond a line subtended between the adjacent revetments. H. Fill incidental to the repair or replacement of existing shoreline stabilization measures pursuant to Section 23.60A.020 and subsection 23.60A.188.F including, but not limited to, the replacement of riprap, or the replacement of a bulkhead directly in front of an existing bulkhead, as allowed in Section 23.60A.020 , does not require approval as fill under this Section 23.60A.184 , provided that the fill is the minimum necessary to accommodate the repair or replacement, the repair or replacement has been approved and pursuant to Section 23.60A.158 . I. In applying mitigation sequencing pursuant to Section 23.60A.158 , potential adverse impacts to be addressed include, but are not limited to: total water surface reduction; navigation restriction; impediment to water flow and circulation; reduction of water quality; disturbance of fish runs and other biological communities; and loss or modification of upland or shallow water vegetation functions and habitat and the adverse impacts of riprap migrating off-site and the impacts of the riprap at the off-site locations that are not retrieved as allowed pursuant to subsection 23.60A.184.H. (Ord. 124105 , § 3, 2013.)