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(1) Dredge disposal may be permitted in all environmental designations, except the Natural designation where it is prohibited, through a conditional use permit as indicated in CCC 35.10.090, Table 2-2, only when the activity is consistent with this Program.

(2) All unconfined, open water dredge disposal activities in the Strait of Juan de Fuca shall comply with Washington’s Dredged Disposal Management Program criteria and guidelines and other applicable local, State, and federal regulations.

(3) Dredge disposal activities shall comply with the applicable provisions of Chapters: 35.30 CCC, Shoreline Buffers and Vegetation Conservation; 35.35 CCC, Critical Areas within Shoreline Jurisdiction; 35.40 CCC, Mitigation and No Net Loss; and with the applicable articles: Article II of Chapter 35.25 CCC, Clearing, Grading and Filling; Article III of Chapter 35.25 CCC, Public Access; Article IV of Chapter 35.25 CCC, Water Quality and Water Management; and Article V of Chapter 35.25 CCC, Archaeological, Historical and Cultural Resources.

(4) When clean dredge material is deposited on land, it shall be considered fill and subject to all applicable fill regulations in Article II of Chapter 35.25 CCC.

(5) When consistent with this Program, disposal of clean dredged materials in water areas other than Puget Sound Dredged Disposal Analysis sites may be permitted only for the following reasons:

(a) To restore or enhance habitat; or

(b) To reestablish substrates for fish and shellfish resources; or

(c) To nourish beaches that are starved for sediment; or

(d) To remediate contaminated sediments.