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85344 Federal Register / Vol. 45. No. 249 / Wednesday. December 24. 1980 I Rules and Regula tions are statistically significant in the laboratory are significantly adverse in the field. Section 320.10(d) uses the term "minimize" to indicate that all reasonable reduction in impacts be obtained. As indicated by the "appropriate and practicable" provision, steps which would be unreasonably costly or would be infeasible or which would accomplish only inconsequential reductions in impact need not be taken. Habitat Development and Restoration of Water Bodies Habitat development and restoration involve changes in open water and wetlands that minimize adverse effects of proposed changes or that neutralize or reverse the effects of past changes on the ecosystem. Development may produce a new or modified ecological state by displacement of SOme or all of the existing environmental characteristics. Restoration has the potential to return degraded environments to their form~r ecological state. Habitat development and restoration can contribute to the maintenance and enhancement of a viable aquatic ecosystem at the discharge site. From an environmental point of view. a project involving the discharge of dredged and fill ma terial should be designed and managed to emulate a natural ecosystem. Research. demonstration projects. and full scale implementation have been done in many ca tegories of development and restoration. The U.s. Fish and Wildlife Service has programs to develop and restore habitat. The U.S. Army Engineer Waterways Experiment Station has published guidelines for using dredged material to develop wetland habitat. for establishing marsh vegetation. and for building islands that a ttract colonies of nesting birds. The EPA has a Clean Lakes program which supplies funds to States and localities to enhance or restore degraded lakes. This may involve dredging nutrient-laden sediments from a lake and ensuring that nutrient innows to th& lake are controlled. Restoration and habitat development techniques can be used to minimize adverse impacts and compensate for destroyed habitat. Restoration and habitat development may also provide secondary benefits such as improved opportunities for outdoor recreation and positive use for dredged materials. The development and restoration of viable habitats in water bodies requires planning and construction practices that integrate the new or improved habitat into the existing environment. Planning requires a model or standard. the achievement of which is attempted by manipulating design and implementation of the activity. This model or standard should be based on characteristics of a natural ecosystem in the vicinity of a proposed activity. Such use of a natural ecosystem ensures tha.t the developed or restored area. once established. will be nourished and maintained physically. chemically and biologically by natural processes. Some examples of natural ecosystems include. but are not limited to. the following: salt marsh, cattail marsh. turtle grass bed. small island. etc. Habitat development and restoration. by definition. should have environmental enhancement and maintenance as their initial purpose. Human uses may ben~fit but they are not the primary purpose. Where such projects are not founded on the objectives of maintaining ecosystem function and integrity, some values may be favored at the expense of others. The ecosystem affected must be considered in order to achieve the desired result of development and restoration. In the final analysis. selection of the ecosystem to be emulated is of critical importance and a loss of value can occur if the wrong model or an incomplete model is selected. Of equal importance is the planning and management of habita.t development and restoration on,a c:ase.by-case basis. Specific measures to minimize impacts on the aquatic ecosystem by enhancement and restoration projects include but are not lirnited to: (1) Selecting the nearest similar natural ecosystem as the model in the implementation of th~ activity. Obviously degraded or significantly less productive habitttts may be considered prime candidates for habitat restoration. One viable habitat. however~ should not be sacrificed in an attempt to create another. Le.. a productive vegetated shallow water area should not be destroyed in an attempt to create a wetland in its place. (2} Using development and restoration techniques that have been demonstrated to be effective in circumstances similar to those under consideration wherever possible. (3) Where development and restora hon techniques proposed for use ha \'e not yet advanced to the pilot demonstration or implementation stage. initiate their use on a small scale to allow corrective action if unanticipated adverse impacts OCCl1r. (4) Where Federal funds are spent to clean up waters of the U.S. through dredging. scientifically defensible levels of pollutant concentration in the return discharge should be agreed upon with the funding authority in addition to any 1 applicable water quality standards in order 'to maintain the desired improved water quality. (5) 'rVhen a significant ecological change in the aquatic environment is propo:led by the discharge of dredged or fill m. teria!. the permitting authority should consider the ecosystem that will be lost as wellali the environmental benefits of the new system. Dated: December 12. 1980. Doughls M. Costle. Administrator. Environmental Protection AgencJ. Par!. 230 is revised to read as follows: PART 23o-SECTION 404(b){1) GUIDIELINES FOR SPECIFICATION OR DISPOSAL SITES FOR DREDGED OF FILL MATERIAL Subpart A-General Se,. 230.1 Purpose and policy. 230.2 Applicability. 230.3 Definitions. 230.4 Organization. 230.5 General prtJcedures to be followed. 230.6 Ada;.tability. 230.7 General permits. Subpclrt B-ComJ)lIance With the Guidelines 230.tO Restrictiohli on discharge. 230.11 Factual d~terminalions. 230.12 Findings ()f compliance or non- compliance with the restrictions on d scharge. SubpClrt C-Potel"ltlal Impacts on Physical and Chemical Ch.racteristics 0' the Aquallc Ecosyst.m 230.20 Substrate. 230.21 Suspended particulates/turbidity. 230.22 Water. 230.23 Current patterns and water circulation. 230.24 Normal water fluctuations. 230.25 Salinity gradients. Subp;lrt o-Potentlal Impacts on Biological Charllcteristlcl 0' the Aquatic Ecosystem 230.30 Threatened and endangered species. 230.31 Fish. cruStaceans. mollusks. and other aquatic organisms in the food web. 230.3,: Other wildlife. Subp,lrt E-Potentlallmpacts on Special Aqua lie Sites 230.40 Sanctuaries and refuges. 230.4~ Wetlands. 230.4:~ Mud flats. 230.4:1 Vegetated shallows. 230.4.~ Coral reefs. 230,4:; Riffle anQ pool complexes. Subpart F-Potentlal Effects on Human Use Charoleterlstlcs 230.50 Municipal and private water supphes. 230,5 L Recreational and commercial fisheries. 230.5,~ Water-related recreation. 230.5,) Aesthetics.