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Last modified
1/26/2010 10:06:57 AM
Creation date
10/5/2006 3:57:44 AM
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Floodplain Documents
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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
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<br />Federal Register / Vol. 45. No. 249 / Wednesday. December 24. 1980 / Rules and Regulations 85351 <br /> <br />, <br /> <br />effects, objectionable tastes and orlors. <br />and other problems. <br /> <br />f 230.23 Current patterns and water <br />circulation. <br /> <br />(8) Current patterns and water <br />circulation are the physical movements <br />of water in the aquatic ecosystem. <br />Currents and circulation respond to <br />natural forces as modified by basin <br />shape and cover. physical and chemical <br />characteristics of water strata and <br />masses, and energy dissipating factors. <br />(b) Possible loss of environmental <br />characteristics and values: The <br />discharge of dredged or fill material can <br />modify current patterns and water <br />circulation by obstructing flow, changing <br />the direction or velocity of water flow. <br />changing the direction or velocity of <br />water flow and circulation. or otherwise <br />changing the dimensions of a water <br />body. As a result. adverse changes can <br />occur in: location. structure. and <br />dynamics of aqua tic communities; <br />shoreline and substrate erosion and <br />depositon rates: the deposition of <br />suspended particulates: the rate and <br />extent of mixing of dissolved and <br />suspended r.omponents of the water <br />body; and water stratification. <br /> <br />~ 230.24 Normal water fluctuations. <br /> <br />{a) Normal water fluctuations in a <br />natural aquatic system consist of daily. <br />seasonal. and annual tidal and flood <br />fluctuations in water level. Biological <br />and physical components of such a <br />system are either attuned to or <br />characterized by these periodic water <br />fluctuations. <br />(b) Possible loss of environmental <br />characteristics and values: The . <br />disc:harge of dredged or fill material can <br />alter the normal water-level fluctuation <br />pallern of an area. resulting in <br />prolonged peri cds of inundation. <br />exaggerated extremes of high and low <br />\\'ater. or a SIalic. nonflucluating water <br />level. Such \....i:der level modifications <br />m2)' change salinity palterns. alter <br />erosit'n cr sedimentation rates. <br />aggravate water temperature extremes. <br />amI upset the nutrient and dissolved <br />ox}"gen balance of the aquatic <br />ecosystem. In addition. these <br />modifIcations can alter or destroy <br />communities and populations of aquatic <br />animals and vegetation, induce <br />populations of nuisance organisms. <br />modify habitat. reduce food supplies. <br />restflct movement of aquatic fauna. <br />destroy spawning areas. and change <br />adjacent. upstream. and downstream <br />areas. <br /> <br />~ 230.25 Sollnl1y grodlon1a. <br /> <br />(a) Salinity gradients form where salt <br />water from the ocean meets and mixes <br />with fresh water from land. <br />[b) Possible loss of environmental <br />characteristics and values: Obstructions <br />which divert or restrict flow of either <br />fresh or salt water may change existing <br />salinity gradients. For example. partial <br />blocking of the entrance to an estuary or <br />river mouth that significantly restricts <br />the movement of the salt water into and <br />out of that area can effectively lower the <br />volume of salt water available for <br />mixing within that estuary. The <br />downstream migration of the salinity <br />gradient can occur. displacing the. <br />maximum sedimentation zone and <br />requiring salinity-dependent aquatic <br />biota to adjust to the new conditions. <br />move to new locations if possible. or <br />perish. In the freshwater zone. discharge <br />operations in the upstream regions can <br />have equally adverse impacts. A <br />significant reduction in the volume of <br />fresh water moving into an estuary <br />below that which is considered normal <br />can affect the location and type of <br />mixing thereby changing the <br />characteristic salinity patterns. The <br />resulting changed circulation pattern <br />can cause the upstream migration of the <br />salinity gradient displacing the maximim <br />sedimentation zone. -This migration may <br />affect those organisms that are adapted <br />to freshwater environments. It may also <br />affect municipal water supplies. <br /> <br />Note.-Possible actions to minimize <br />ad\'erse impacts regarding site characteristics <br />can be found in Subpart H. <br /> <br />Subpart D-Potentlallmpacts on <br />Biological CharacterlaUca oflhe <br />Aquatic Ecosystem <br /> <br />'Note.-The impacts described in this <br />subpart should be considered in making the <br />factual determinations and the findings of <br />complli:lnce or non-compliance in Subptlrl B. <br /> <br />~ 230,30 Threatened and endangered <br />species. <br /> <br />(a) An endangered species is a plant <br />or animal in danger of extinction <br />throughout all or a significant portion of <br />its range. A threatened species is one in <br />danger of becoming an endangered <br />species in the foreseeable future <br />throughout all or a significant portion of <br />its range. Listings of threatened and <br />endangered species as well as critical <br />habitats are maintained by sam.... <br />individual States and by the U.S. Fish <br />and V~'ildlife Service of the Department <br />of the Interior (codified annually at 50 <br />CFR ! 17.11). The Department of <br />Commerce has authority over some <br />threatened and endangered marine <br />mammals, fish and reptiles. <br /> <br />(b] Possible loss of values: The major <br />potential impacts on threatened or <br />endangered species from the discharge <br />of dredged or fill material include: <br />(1) Covering or otherwise directly <br />killing species; <br />(2) The impairment or destructioo of <br />habitat to which these species are <br />limited. Elements of the aquatic habitat <br />which are particularly crucial to the <br />continued survival of some threatened <br />or endangered species include adequate <br />good quality water. spawning and <br />maturation areas. nesting areas. <br />protective cover, adequate and reliable <br />food supply. and resting areas for <br />migratory species. Each of these <br />elements can be .adversely affected by <br />changes in either the normal water <br />conditions for clarity, chemical content. <br />nutrient balance. dissolved oxygen, pH. <br />temperature. salinity. current patterns. <br />circulation and fluctuation. or the <br />physical removal of habitat and <br />(3) Facilitating incompatible activities. <br />(c) Where consultation with the <br />Secretary of the Interior occurs under <br />Section 7 of the Endangered Species <br />Act. the conclusions of the Secretary <br />concerning the impact(s) of the <br />discharge on threatened and endangered <br />species and their habitat shall be - <br />considered final. <br /> <br />~ 230.31 Fish. crustaceans. mollusks and <br />other aquatic organisms In the food web. <br />(a) Aquatic organisms in the food web <br />include. but are not limited to. finfish. <br />crustaceans, mollusks, insects. annelids. <br />planktonic organisms. and the plants <br />and animals on which they feed and <br />depend upon for their needs. All forms <br />and life stages of an organism. <br />throughout its geographic range. are <br />included in this category. <br />[b) Possible loss of values: The <br />discharge of dredged or fill material can <br />variously affect populations of fish, <br />crustaceans. mollusks and other food <br />web organisms through the release of <br />contaminants which adversely affect <br />adults, juveniles. larvae, or eggs. or <br />result in the establishment or <br />proliferation of an undesirable <br />competitive species of plant or animal at <br />the expense of the desired resident <br />species. Suspended particulates settling <br />on attached or bur.ed eggs can smother <br />the eggs by limiting or sealing off their <br />exposure to oxygenated water. <br />Discharge of dredged and fill material <br />may result in the debilitation or death of <br />sedentary organisms by smothering. <br />exposure to chemical contaminants in <br />dissolved or suspended form. exposure <br />to high levels of suspended particulates. <br />reduction in food supply. or alteration of <br />the substrate upon which they are <br />dependent. Mollusks are psrticularly <br />
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