FLOOD08883

• County: Statewide
• Basin: Statewide
• Title: Federal Register EPA Guidelines for Specification of Disposal Sites for Dredged or Fill Material
• Date: 12/24/1980
• Prepared By: EPA
• Floodplain - Doc Type: Educational/Technical/Reference Information

'48 Federal Register / Vol. 45. No. 249 / Wednesday. December 24. 1960 I. Rules and Regulations

~

.rt B-Compllance With the
lies

~ Restrtcttons on dtscharge.
...........-Note.-Because other laws may apply tD
~ particular discharges and becaUse the Corps
/" of Engineen Dr State 404 agency may have
additional procedural and ..oalanbV1l
requirement.. a di..acb.arge campJying with the
requirement of theae C..i..l..ltl'l"'s will not
automatically receive 8 permit

Allbough all requirements in 1230.10
mllst be met. the compliance evaluation
procedures will vary to reflect the
seriousness of the potential for adverse
impacts on the aquatic ecosystems
posed by specific dredged or fill
~'al discharge activities.
(a ceptas provided under
(b)(2). no discharge of dredged or
fill material shall be pennitled if there is
a practicable. alternative to the proposed
discharge which would have less
adverse impact on the aquatic
ecosystem, so long as the alternative
does not have otherllignificant ~dverse
environmental consequences.
(1) For the purpose of thill
requirement. practicable alternatives
include. but are not limited to:
(i) Activities which do not involve a
discharge of dredged or fill material into
the waters of the United States or ocean
waters:
[ii) Discharges of dredged or fill
material at other locations in waters of
the United States or ocean waters;
(2) An alternative is practicable if it is
availa ble and capable of being dane
after taking into consideration cost,
existing tedmology. and logistics in light
of overall project purposes. If it is
otherwise a practicable alternatiye, an
area not presently owned by the
applicant which could reasonably be
obtained. utilized, ex.panded or managed
in order to fulfill the basic purpose of
the proposed activity may be
considered.
(3) Where the activity associated with
a discharge which is proposed for a
special aquatic site {as defined in
Subpart EJ does not require access or
proximity to or siting within the special
aquatic site in questiun to fulfill ils basic
purpose {i.e.. is not "water dependent").
practicable alternatives that do not
involve special aquatic sites are
presumed to be available. unless clearly
demonstrated otherwise. In addition.
where a discharge is proposed for a
special aquatic site. all practicable
alternatives to the proposed discharge
which do not involve a discharge into a
special aquatic site are presumed to
have less adverse impact on the aquatic
ecosystem. unless clearly demostrated
otherwise.

(4) For actions subject to NEPA.
where the Corps of Engineers is the
permitting agency. the analysis of
alternatives required for NEPA
environmental documents. including
supplemental Corps NEPA documents.
will in most cases provide the
information for the evaluation of
alternatives under these Guidelines. On
occasion. these NEPA documents may
address a broader range of alternatives
than required to be considered under
this paragraph or may not have
considered the alternatives in sufficient
detail to respond to the requirements of
these Guidelines. In the latter case. it
may be necessary to supplement these
NEPA documents with this additional
infanna lion.
(5) To the extent that practicable
alternatives have been identified and
evaluated under a Coastal Zone
Management program. a I 208 program,
or other planning process, such
evaluation shall be considered by the
permitting authority as part of the
consideration of alternatives under the
Guidelines. Where such evaluation is
less complete than that contemplated
under this subsection. it must be
~u emented accordingly.
(b No discharge of dredged or fill
erial shall be permitted if it:
(I} Causes or contributes. after
consideration of disposal site dilution
and dispersion. to violations of any
applicable State water quality standard;
(2) Violates any applicable toxic
effluent standard or prohibition under
section 307 of the Act;
(3) Jeopardizes the continued
existence of species listed as
endangered or threatened under the
Endangered Species Act of 1973. as
amended. or results in likelihood of the
destruction or adverse modification of a
habitat which is determined by the
Secretary of Interior or Commerce, as
appropriate. to be a critical habitat
under the Endangered Species Act of
1973, as amended. If an exemption has
been granted by the Endangered Species
Committee. the terms of such exemption
shall apply in lieu of this subparagraph;
(4) Violates any requirement imposed
by the Secretary of Commerce to protect
any marine sanctuary designated under
Title III of the Marine Protection.
~ch. and Sanctuaries Act of 1972.
xcept as provided under
! 404(b )[2). no discharge of dredged or
fiB material shall be permitted which
will cause or contribute to SI mficant
e~radation 0 t e waters 0 t e United
~. Findings of significant
cfegradation related to the proposed
discharge shall be based upon
appropriate factual determinations.
e,aluations. and tests required by

Eubparts Band G. after considera tion of
Subparts C-F. with special emphasis on
the persistence and permanence of the
effects outlined in those subparts. Under
these Guidelines. effects contributing to
significant degradation considered
individually or collectively, include;
(1) Significantly adverse effects of the
discharge of pollutants on human health
or welfare. including but not limited to
effects on municipal water supplies.
plankton. fish, shellfish. wildlife. and
special aquatic sites.
(2) Significantly adverse effects of the
discharge of pollutants on life stages of
aquatic life and other wildlife dependent
on aquatic ecosystems. including the
tl'ansfer. concentration, and spread of
pollutants or their byproducts outside of
tile dioposal site through biological,
physical. and chemical processes:
(3) Significantly adverse effects of the
discharge of pollutants on aquatic
ecosystem diversity. productivity. and
stability. Such effects may include. but
are not limited to. loss of fish and
wildlife habitat or loss of the capacity of
a wetland to assimilate nutrients, punf)'
water. or reduce wave energy; or
(4) Significantly adverse effects of
discharge of pollutants on recreational.
ae~etic, and economic values.
tj91Except as provided under
! 404(b)(2). no discharge of dredged or
fill material shall be permitted unless
appropriate and practicable steps have
been taken which will minimize
potential adverse impacts of the
discharge on the aquatic ecosystem.
Subpart H id~ntifies such possible steps.

~ 230.11 Factwl detennlnatlon8.
The permitting authority shall
determine in writing the potential short-
tmm or long-term effects of a proposed
discharge of dredged or fill material on
the physical. chemical. and biological
cl)mponents of the aquatic environment
in light of Subparts C-F. Such factual
determinations shall be used in ~ 230.12
in making findings of compliance or non-
compliance with the restrictions on
discharge in ~ 230.10. The evaluation
a:ld testing procedures described in
1 230.60 and ! 230.61 of Subpart G shall
be used as necessary to make. and shall
be described in. such determination. The
determinations of effects of each
p:~oposed discharge shan include the
following:
(a) Physical substrate determinations. .
Determine the nature and degree of
effect that the proposed discharge will
have. individually and cumulatively. on
ttle characteristics of the substrate at
the proposed disposal site.
Consideration shall be given to the
similarity in particle size. shape. and
dl~gree of compaction of the material

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