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<br />, <br /> <br />Federal Register / Vol. 45. No. 249 / Wednesday. December 24. 1980 / Rules and Regulations 85349 <br /> <br />proposed for discharge snd the msterisl <br />constituting the substrate at the disposal <br />site. and any potential changes in <br />substrate elevation and bottom <br />contours, including changes outside of <br />the disposal site which may occur 8S a <br />result of erosion. slumpage, or other <br />movement of the discharged material. . <br />The duration and physical extent of <br />substrate changes shall also be <br />considered. The possible loss of <br />environmental values (I 230.20) and <br />actions to minimize impact (Subpart H) <br />shall also be considered in making these <br />determinations. Potential changes in <br />substrate elevation and bottom contours <br />shall be predicted on the basis of the <br />proposed method. volume: location, and <br />rate of discharge. 8S well as on the <br />individual and combined effects of <br />current patterns, water circulation. wind <br />and wave action. and other physical <br />factors that may affect the movement of <br />the discharged material. <br />(b) Water circulation. fluctuation. and <br />salinity determinations. Determine the <br />nature and degree of effect that the <br />proposed discharge will have <br />individually and cumulatively on water. <br />current patterns. circulation including <br />downstream flows. and normal water <br />fluctuation. Consideration shall be given <br />to water chemistry. salinity. clarity. <br />color. odor. taste. dissolved gas levels. <br />temperature. nutrients. and <br />eutrophication plus other appropriate <br />characteristics. Consideration shall also <br />be given to the potential diversion or <br />obstruction of flow. alterations of <br />bottom contours. or other significant <br />changes in the hydrologic regime. <br />Additional consideration of the possible <br />loss of environmental values (1230.23- <br />.25) and actions to minimize impacts <br />[Subpart H). shall be used in making <br />these determina Hans. Potential <br />significant effects on the current <br />patterns, water circulation. normal <br />water fluctuation and salinity shall be <br />evaluated on the basis of the proposed <br />method. volume. location, and rate of <br />discharge. <br />(e) Suspended particulate/turbidity <br />determJnotions. Determine the nature <br />and degree of effect that the proposed <br />discharge will have, individually and <br />cumulatively. in terms of potential <br />changes in the kinds and concentrations <br />of suspended particulate/turbidity in the <br />vicinity of the disposal site. <br />Considf'ralion shall be given to the grain <br />sIze of the material proposed for <br />discharge. the shape and size of the <br />plume of ';llspended particulates. the <br />duration of the discharge and resulting <br />plume and whether or not the. potential <br />changes will cause violations of <br />applicable water quality standards. <br /> <br />Consideration should slso be given to <br />the possible loss of environmental <br />values (t Z30.21)<md to sclions for <br />minimizing impscts (Subpsrt H). <br />Consideralion shall include the <br />proposed method. volume. location. snd <br />ra te of discharge. as well as the <br />individusl snd combined effects of <br />current patterns. water circulation and <br />fluctuations. wind and wave action, and <br />other physical factors on the movement <br />of suspended particulates. <br />(d) Contaminant determinations. <br />Determine the degree to which the <br />material proposed for discharge will <br />introduce. relocate. or increase <br />contaminants. This determination shall <br />consider the material to be discharged. <br />the aquatic environment at the proposed <br />disposal site, and the availability of <br />contaminants. <br />(e) Aquatic ecosystem and organism <br />determinations. Determine the nature <br />and degree of effect that the proposed <br />discharge will have. both individually <br />and cumulatively. on the structure and <br />function of the aquatic ecosystem and <br />organisms. Consideration shall be given <br />to the effect at the proposed disposal <br />site of potential changes in substrate <br />characteristics and elevation. water or <br />substrate chemistry. nutrients. currents, <br />circulation. fluctuation. and salinity. on <br />the recolonization and existence of <br />indigenous aquatic organisms or <br />communities. Possible loss of <br />environmental values U 230.31), and <br />actions to minimize impacts (Subpart H) <br />- shall be examined. Tests as described in <br />i 230.61 (Evaiualion and Testing). may <br />be required to provide informa tion on <br />the effect of the discharge material on <br />communities or populations of <br />organisms expected to be exposed to it. <br />(f) Proposed disposal site <br />determinations. (1) Each disposal site <br />shall be specified through the <br />application of these Guidelines. The <br />mixing zone shall be confined to the <br />smallest practicable zone within each <br />specified disposal site that is consistent <br />with the type of dispersion determined <br />to be appropriate by the application of <br />these Guidelines. In a few special cases <br />under unique environmental conditions, <br />where there is adequate justification to <br />show that widespread dispersion by <br />natural means will result in no <br />significantly adverse environmental <br />effects, the discharged material may be <br />intended to be spread naturally in a very <br />thin layer over a large area of the <br />substrate rather than be contained <br />within the disposal site. <br />(:2) The permitting authority and the <br />Regional Administrator shall consider <br />the following factors in determining the <br />acceptability of a proposed mixing zone: <br />(i) Depth of water at the disposal site; <br /> <br />(ii) Current velocity. direction. snd <br />vsriability st the disposal site; <br />(iii) Degree of turbulence; <br />(iv) Strslification attributsble to <br />causes 8uch as obstructions. salinity or <br />density profiles at the dispossl site; <br />(v) Disi:hsrge vessel speed snd <br />direction. if sppropriate; <br />(vi) Rste of dischsrge; <br />(vii) Ambient concentration of <br />constituents of interest; <br />(viii) Dredged material chsracterislics. <br />particularly concentrations of <br />constituents. amount of material. type of <br />mSlerial (sand. silt. clay. elc.) snd <br />settling veloci ties; <br />(ix) Number of dischsrge actions per <br />unit of time; <br />(x) Other factors of the disposal site <br />that sffect the rates and patterns of <br />mixing. <br />(g) Determination of cumulative <br />effects on the aquatic ecosystem. (1) <br />Cumulative impacts are the changes in <br />an aquatic ecosystem that are <br />sttribulsble to the coileclive effect of a <br />number of individual discharges of <br />dredged or fiil material. Although the <br />impact of a particular discharge may <br />constitute a minor change in itself. the <br />cumulative effect of numerous such <br />piecemeal changes can result in a major <br />impairment of the water resources and <br />interfere with the productivity and <br />water quality of existing aquatic <br />ecosystems. <br />[2J Cumulalive effects attributable to <br />the discharge of dredged or fill material <br />in waters of the United States should be <br />predicted to the extent reasonable and <br />practical. The permitting authority shall <br />collect information and solicit <br />information from other sources about <br />the cumulative impacts on the aquatic <br />ecosystem. This information shall be <br />documented and considered during the <br />decision-making process concerning the <br />evaluation of individual permit <br />applications. the issuance of a General <br />permit. and monito~ing and enforcement <br />of existing permits. <br />(h) Determination of secondary <br />effects on the aquatic ecosystem. (1) <br />Secondary effects are effects on an <br />aquatic ecosystem that are associated <br />with a discharge of dredged or fill <br />materials, but do not result from the <br />actual placement of the dredged or fill <br />material. Information about secondary <br />effects on aquatic ecosystems shall be <br />considered prior to the time final section <br />404 action is taken by permitting <br />authorities. <br />(2) Some examples of secondary <br />effects on an aquatic ecosystem are <br />fluctuating water levels in an <br />impoundment and downstream <br />associated with the operation of a dam. <br />septic tank leaching and surface runoff <br />