Ala. Admin. Code r. 335-8-2-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 335-8-2-.02 - Dredging And/Or Filling

(1) Dredging and/or filling of State waterbottoms or adjacent wetlands may be permitted or certified to be in compliance with the ACAMP provided that:

(a) the activity is related to an existing or approved water dependent use, or use of regional benefit or related to an approved beach nourishment, shoreline stabilization or marsh creation, restoration or enhancement project, elimination of dead-end canals or boatslips exhibiting poor water quality or other similar beneficial use;

(b) there will be no dredging or filling in close proximity to existing natural oyster reefs, as defined pursuant to Code of Ala. 1975, § 9-12-21, except in association with the approved creation or enhancement of oyster reefs or artificial fish attracting structures;

(c) there will be no dredging or filling in close proximity to existing submersed grassbeds;

(d) dredging, filling or trenching methods and techniques are such that reasonable assurance is provided that applicable water quality standards will be met; and

(e) no alternative project site or design is feasible and the adverse impacts to coastal resources have been reduced to the greatest extent practicable.

(2) Dredging, filling, or trenching resulting in a temporary disturbance may be permitted or certified to be in compliance with the ACAMP provided that all areas are returned to preproject elevations and all wetland areas are revegetated and the requirements set forth in § 335-8-2-.02(l)(b) thru (d) are met.

(3) Dredging or filling of non-adjacent wetlands may be permitted or certified to be in compliance with the ACAMP provided that:

(a) no alternative project sites or designs which avoid the dredging or filling are feasible and the adverse impacts have been reduced to the greatest extent possible; and

(b) the Department determines, on a site specific basis, that the non-adjacent wetlands to be dredged or filled have a limited functional value.

(4) For projects impacting wetlands, the applicant mitigates for wetland impacts in accordance with the provisions of 335-8-2-.03, unless the Department determines that, due to the scope and nature of the project, mitigation is unnecessary or the project is subject to the provisions of 335-8-1-.03(4).

(5) Any fill material placed on State water bottoms or in wetlands shall be free of toxic pollutants in toxic amounts and shall be devoid of sludge and/or solid waste.

(6) Dredge material shall not be placed in wetlands unless specifically permitted or authorized by the Department.

(7) The disposal of dredge material into open state waters may be permitted or certified to be in compliance with the ACAMP, provided that it complies with the relevant provisions of this Administrative Code.

(8) The salinity of return waters from dredge disposal sites shall be similar to that of the receiving waters and reasonable assurance provided that applicable water quality standards will be met.

Author: John C. Carlton

Ala. Admin. Code r. 335-8-2-.02

New Rule: Filed May 26, 1994; Effective June 30, 1994. Amended: Filed September 27, 1994; effective November 1, 1994. Amended: Filed March 22, 1995; effective April 26, 1995.

Statutory Authority:Code of Ala. 1975, § § 9-7-16, 22-22A-5, 22-22A-6, 22-22A-8.