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<br />85350 Federal Register 1 Vol. 45. No. 249 / Wednesday. Docembcr 24. 198,1 1 Rules and Regulations <br /> <br />, <br /> <br />from residential or commercial <br />developmt!nts on fill. and leachate and <br />runoff from a sani tary Iandflllloca ted in <br />waters of the U.S. Activities to be <br />conducted on fast land created by the <br />discharge 'Jf dredged or fill material in <br />'.vaters of the United States may have <br />secondary impacts within those waters <br />which should be considered in <br />evaluating the impact of creating those <br />fast lunda. <br />~ 23Q.12 Findings of compliance or non* <br />compliallc') with the restrictions on <br />disc;t,arge. <br />(oj On the basis of these Guidelines <br />rSubpurt5 C through G) the proposed <br />disposul ,.jles for the dischalge of <br />dredged or fiII material must be: <br />(1) Specified as complying with the <br />requirements of these Gui~elines; or <br />(2, Specified as complying with the <br />requiremer.ts of these Guidelines \....ith <br />the inclusion of appropriate and <br />practicable discharge conditio:1s (see <br />Subpart H) to minimize pollution or <br />adverse effects to the affected aquatic <br />ecosystems: or <br />(3} Specified as failing to comply with <br />the requirements of these Guidelines <br />where: <br />(i] There is a practicable alternative to <br />the proposed discharge that would have <br />ll-:sS adverse effect on the aquatic <br />ecosystem. so long as such alternative <br />does not have other significant adverse <br />envIronmental consequences; or <br />Oil The proposed discharge will result <br />in significant degradation of the aquatic <br />ecosystem under I 230.10(b] or (c); or <br />(iii) The proposed discharge does not <br />include all appropriate and practicable <br />measures to minimize potential harm to <br />the aquatic ecosystem: or <br />(ivJ There does not exist sufficient <br />information to make a reasonable <br />judgment as to whether the proposed <br />discharge will comply with these <br />Guidelines. <br />(b) Findings under this section shall <br />be set forth in writing by the permittirlg <br />authcritv for each proposed discharge <br />and made available to the permit <br />applicant. These L:,dings shall include <br />the factual determL~ations required by <br />~ 230.11. and a briei explanation of any <br />adaptation of these Guidl'!lines to the <br />activitv under consideration. In the case <br />of a G~neral permit. such findings shall <br />be pr:..pared at the time of issuance of <br />that permit rather than for each <br />subsf'quent discharge under the <br />authority of that permit. <br /> <br />Subpart C-Potentlallmpacts on <br />Physical and Chemical Characteristics <br />of the Aquatic Ecosystem <br />Note.- The effects described in thiS <br />5ublJarl should be considl"!red in makin,l:! the <br /> <br />factual determinations and the findings of <br />cvmphance or non-compliance in Subpart B. <br /> <br />i 230.20 Substrate. <br />(a) The substrate of the aquatic <br />ecosystem underlies open waters of the <br />United States and constitutes the <br />surface of wetlands. It consists of <br />organic and inorganic solid materials <br />and includes water and other liquids or <br />gases that fill the spaces between solid <br />particles. <br />(b) Possible loss of environmental <br />characteristics and values: The <br />discharge of dredged or flU material can <br />result in varying degrees of change in <br />the complex physical. chemical. and <br />biological characteristics uf the <br />substrate. Discl'.arges which alier <br />substrate elevation or contours can <br />result in changes in water circulation. <br />depth. current pattern. water fluctuation <br />and water temperature. Discharges may <br />adversely affect battom~dwelling <br />orgcmisms at the site by smothering <br />immobile forms or forcing mobile farms <br />to migrate. Benthic forms present pri~r <br />to a discharge are unlikely to recolomze <br />on the discharged material if it is very <br />dissimilar from that of the discharge <br />site. Erosion. slumping. or lateral <br />displacement of surrounding bottom of . <br />such deposits can adversely affect areas <br />of the substrate outside the perimeters <br />of the disposal site by changing or <br />destroving habitat. The bulk and <br />compo~sili~m of the discharged material <br />and the location. method. and timing of <br />discharges may all influence the degree <br />of impact on the slJ.bstrate. <br /> <br />~ 230.21 Suspended particulates/turbidity. <br />(a} Suspended particulates in the <br />aquatic ecosystem consist of fine~ <br />grained mineral particles. usua.lly <br />smaller than silt. and organic particles. <br />Suspended particulates may enter water <br />bodies as a result of land runoff. <br />flooding, vegetative and planktonic <br />breakdown. resuspension of bottom <br />sediments. and mnn.s activities <br />including dredging and filling. <br />Particulates may remain suspended in <br />the water column for variable periods of <br />time as a result of such factors as <br />agitation of the water mass. particulate <br />specific grvvity. particle shape. and <br />physical and chemical properties of <br />particle surfaces. <br />(b) Possible loss of environmental <br />characteristics and values: The <br />discharge of dredqed or fill material can <br />result in greatly elevated levels of <br />suspended particulates in the water <br />column for varying lengths of time. <br />These new levels may reduce light <br />penetr2tion and lower the rate of <br />photosynthesis and the primary <br />productivity of an aquatic area if they <br /> <br />lasl long enough. Sight-dependent <br />species may suffer reduced feeding <br />abi lity leading to limited growth and <br />lowered resistance to disease if high <br />levl~ls of suspended particulates persist. <br />ThE~ biological and the chemical content <br />of the suspended material may react <br />with the dissolved oxygen in the water. <br />which can result in oxygen depletion. <br />Toxic metals and organics. pathogens. <br />and viruses absorbed or adsorbed to <br />fine~grained particulates in the material <br />may tecome biologically available to <br />organisms either in the water column or <br />on the substrate. Significant increases in <br />sU!pended particulate levels create <br />turbid plumes which are highly Visible <br />and aesthetically dIspleasing. The <br />exlent an.d persistence of these adverse <br />impacts caused by discharges depend <br />uplJn the relative increase in suspenJed <br />pa:-ticulates above the amount occurring <br />r.a turally. the duration of the higher <br />Ie.. els. the current patterns. water level. <br />and fluctuations present when such <br />di~;charges Occur. the volume. rate. and <br />duration of the discharge. particulate <br />deposition, and the seasonal timing of <br />lhH disclt -"ge. <br /> <br />I 230.22 Wale.. <br />~aJ Water is the part of the aqualic <br />ecosystem in which organic and <br />inurganic constituents are dissolved and <br />suspended. It constitutes part of the <br />li~ uid phase and is contained by the <br />substrate. Water forms part of a <br />dynamic aquatic life-supporting system. <br />Water clarity. nutrients and chemical <br />content. physical and biological content. <br />dissolved gas levels. pH. and <br />temperature contribute to its life- <br />sustaining capabilities. <br />(b) Possible loss of environmental <br />d.aracteristics and values: The <br />discharge of dredged or fill material can <br />change the chemistry and the physical <br />characteristics of the receiving water at <br />a disposal site through the introduction <br />of chemical constituents in suspended or <br />dissolved form. Changes in the clarity. <br />color. odor. and taste of water and the <br />addition of contaminants can reduce or <br />eliminate the suitability of water bodies <br />fN populations of aquatic organisms. <br />and for human consumption. recreation. <br />a::1d aesthetics. The introduction of <br />nlltrients or organic material to the <br />water column as a result of the <br />discharge can lead to a high biochemical <br />oxygen demand (BOD). which in turn <br />ca.n lead to reduced dissolved oxygen. <br />thereby potentially affecting the survival <br />of many aquatic organisms_ Increases in <br />nutrients can favor one group of <br />organisms such as algae to the detriment <br />of other more desirable types such as <br />submerged aquatic vegetation. <br />potentially causing adverse health <br />