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(1) Policies.

(a) Allow fill when it is demonstrated to be the minimum extent necessary to accommodate an allowed shoreline use or development and with assurance of no net loss of shoreline ecological functions and processes.

(b) Encourage fill when it is associated with restoration projects.

(2) Regulations.

(a) All fills shall be located, designed and constructed to protect shoreline ecological functions and ecosystem-wide processes, including channel migration. Any adverse impacts to shoreline ecological functions must be mitigated (See Subsection 16.55.250(2)(d)).

(b) Fills in wetlands, floodways, channel migration zones or waterward of the OHWM may be allowed only when necessary to support one or more of the following:

(i) Water-dependent uses.

(ii) Public access.

(iii) Cleanup and disposal of contaminated sediments as part of an interagency environmental clean-up plan.

(iv) Disposal of dredged material considered suitable under, and conducted in accordance with, the Dredged Material Management Program of the Department of Natural Resources and/or the Dredged Material Management Office of the U.S. Army Corps of Engineers.

(v) Expansion or alteration of transportation facilities of statewide significance currently located on the shoreline where alternatives to fill are infeasible.

(vi) Ecological restoration or enhancement when consistent with an approved restoration plan.

(vii) Maintenance or installation of flood hazard reduction measures consistent with a comprehensive flood hazard management plan and this SMP.

(viii) Protection of cultural resources when fill is the most feasible method to avoid continued degradation, disturbance or erosion of a site. Such fills must be coordinated with any affected Indian tribes.

(c) Upland fills not located within wetlands, floodways, or channel migration zones may be allowed provided they are:

(i) Part of an allowed shoreline use or modification, or necessary to provide protection to cultural resources.

(ii) Located outside applicable buffers, unless specifically allowed in buffers.

(d) All fills, except fills for the purpose of shoreline restoration, must be designed:

(i) To be the minimum size necessary to implement the allowed use or modification.

(ii) To fit the topography so that minimum alterations of natural conditions will be necessary.

(iii) To not adversely affect hydrologic conditions or increase the risk of slope failure, if applicable.

(e) Unless site characteristics dictate otherwise, fill material within surface waters or wetlands shall be sand, gravel, rock, or other clean material with a minimum potential to degrade water quality and shall be obtained from a state-authorized source.

(f) A temporary erosion and sediment control (TESC) plan, including BMPs, consistent with the latest edition of the City-adopted Stormwater Management Manual for Eastern Washington (2004) or approved equivalent, shall be provided for all proposed fill activities. Disturbed areas shall be immediately protected from erosion using mulches, hydroseed, or similar methods, and revegetated, as applicable. (Ord. 16-3 §55, 2016).