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<br />85352 Federal Register / VoL 45. No. 249 / Wednesday. December 24. 1980 1 Rules and Regulations <br /> <br />, <br /> <br />sensitive to the discharge of material <br />during periods of reproduction and <br />growth and development due primarlly <br />to their limited mobility. They can be <br />rendered unfit for human consumption <br />by tainting, by production and <br />accumulation of toxins, or by ingestion <br />and retention of pathogenic organisms. <br />viruses, heavy metals or persistent <br />synthetic organic chemicals. The <br />discharge of dredged or fill material can <br />redirect, delay. or stop the reproductive <br />and feeding movements of some species <br />of nsh and crustacea, thus preventing <br />.heir aggregation in accustomed places <br />such as spawning or nursery grounds <br />and potentially leading to reduced <br />populations. Reduction of detrital <br />feeding species or other representa lives <br />of lower trophic levels can impair the <br />flow of energy from primary consumers <br />to higher trophic levels. The reduction or <br />potential elimination of food chain <br />organism populations decreases the <br />overall productivity and nutrient export <br />caplJ.bility of the ecosystem. <br /> <br />~ 230.32 Other wildlife. <br /> <br />fa} Wildlife associated with aquatic <br />ecosystems are resident and transient <br />mammals. birds, reptiles; and <br />amphibians. <br />(b) Possibie loss of values: The <br />discharge of dredged or fill material can <br />result in the loss or change of breeding <br />ami nesting areas, escape cover, travel <br />corridors. and preferred food sources for <br />resident and transient wildlife species <br />associated with the aquatic ecosystem. <br />These adverse impacts upon wildlife <br />habitat may result from changes in <br />water levels. water flow and circulation. <br />salinity. cheomJcal coolent, and substrate <br />characteristics and elevation. Increased <br />water turbidity can adversely affect <br />wildJil'e :,yecies which rely upon sight to <br />feed. and disrupt the respiration and <br />feeding I')f certam aquatic wildlife and <br />fcod cham organisms. The availabilitv <br />of contammants from the discharge of <br />dredged or fill material may lead to the <br />bioaccumulation of such contaminants <br />in wildlife. Chan.<;es in such physical <br />and chemIcal factors of the environment <br />milV favor the introduction of <br />undesirable pldnt and animal species at <br />the cxpeme of resident species and <br />communitlCs. In some aquatic <br />f'n\'lronment2- iowering plant and animal <br />~pecies div€'fsity ~ay disrupt the normal <br />fun8tion5 of th2 ecosystem and lead to <br />reducthms in overall' biological <br />productivily. <br /> <br />Note.-Puss:ble actions to minimize <br />,ld...."'~se Im;J;;r.ts re~ilrding cbaraCleri;,tIC$ of <br />biowg;Cili components of the aquatic <br />ccos~'stem La.n be found Ln Subpart H. <br /> <br />Subpart E-Potentiallmpacta on <br />Special Aquatic Siles <br /> <br />Note.-The impacts described in this <br />subpart should be considered in making the <br />factual determinations and the findings of <br />compliance or non-compliance in Subpart B. <br />The definition of special aquatic sites is <br />found in ~ 230.3{q-l). <br /> <br />~ 230.40 Sanctuaries and refuges. <br />(aJ Sanctuaries and refuges consist of <br />areas designated under State and <br />Federal laws or local ordinances to be <br />managed principally for the preservation <br />and use of fish and wildlife resources. <br />(b J Possible loss of values: <br />Sanctuaries and refuges may be affected <br />by discharges of dredged or fill material <br />which will: <br />(1) Disrupt the breeding. spawning, <br />migratory mo.....ements or other critical <br />life requirements of resident or transient <br />fish and wildlife resources; <br />(2) Create unplanned. easy and <br />incompatible human access to remote <br />aquatic areas; <br />(3J Create the need for frequent <br />maintenance activity; <br />(4) Result in the establishment of <br />undesirable competitive species of <br />plants and animals; <br />{5J Change the balance of water and <br />land areas needed to provide cover, <br />food, and other fish and wildlife habitat <br />requirements in a way that modifies <br />sanctuary or refuge management <br />practices; <br />(6) Result in any of the other adverse <br />impacts discussed in Subparts C and D <br />as they relate to a particular sanctuary <br />or refuge. <br /> <br />~ 230.41 Wetlands. <br />(a)(l) Wetlands consist of areas that <br />are inundated or saturated by surface or <br />ground water at a frequency and <br />duration sufficient to support. and that <br />under normal circumstances do support. <br />a prevalence of vegetation typically <br />adapted for life in saturated soil <br />conditions. <br />(2) \Vhere wetlands are adjacent to <br />open water, they generally constitute the <br />transition to upland. The margin <br />between wetland and open water can <br />best be establish~d by specialists <br />famiiiar With the local environment, <br />particularly where emergent vegetation <br />merges with submerged vegetation over <br />ri broad area in such places as the <br />lateral margins of open water, <br />headwaters. rainwater catch basins. and <br />groundwater seeps. The landward <br />margin of wetlands also can best be <br />identified by specialists familiar with <br />the local environment when '..egetation <br />from the two regions merges over a <br />broad rlrea. <br /> <br />13J Wetland vegetation consists of <br />plE.nts that require saturated soils to <br />survive (obligate wetland plants) as well <br />8S plants. including certain trees, that <br />gain a competitive advantage over <br />ortLers because they can tolerate <br />prolonged wet soil conditions and their <br />competitors cannot. In addition to plant <br />populations and communities, wetlands <br />arE' delimited by hydrological and <br />physical characteristics of the <br />environment. These characteristics <br />should be considered when informa tion <br />about them is needed to supplement <br />information available ahout vegetation. <br />or 'Where wetland vegetation has been <br />removed or is dormant. <br />(b) Possible loss of values: The <br />discharge of dredged'or fill material in <br />wetlands is likely to damage or destroy <br />habitat and adversely affect the <br />biological productivity of wetlands <br />. eCCisystems by smothering, by <br />dewa tering, by permanently flooding, or <br />by altering substrate elevation or <br />periodicity of water movement. The <br />addition of dredged or fill )Ilaterial may <br />de~ troy wetland vegetation or result in <br />advance'llent of succession to dry land <br />species. It may reduce or eliminate <br />nutrient exchange by a reduction of the <br />system's productivity, or by altering <br />current patterns and velocities. <br />Disruption or elimination of the wetland <br />system can degrade water quality by <br />obstructing circulation patterns that <br />flus,h large expanses of wetland <br />systems. by interfering with the <br />fi/U.ation function of wetlands. or by <br />changing: the aquifer recharge capability <br />of E, wetland. Discharges can also <br />change the wetland habitat value for <br />fish and wildlife as discussed in Subpart <br />D. ~Nhen disruptions in flow and <br />circulation patterns occur, apparently <br />miI1 or loss of wetland acreage may <br />result in major losses through secondary <br />impacts. Discharging fill material in <br />wellands as part of municipal. industrial <br />or recreational development may modify <br />the capacity of wetlands to retain and <br />slore floodwaters and to serve as a <br />buCer zone shieldir:g upland areas from <br />wave actions. storm damage and <br />erO~lion. <br /> <br />~ 230.42 Mud flats <br />(El) Mud flats are broad flat areas <br />along the sea coast and in coastal rIvers <br />to tile head of tidal influence and in <br />inland lakes. ponds. and riverine <br />sY&lems. When mud flats are inundated. <br />wind and wave action may resuspend <br />batlom sediments. Coastal mud flats are <br />exposed at extremely low tides and <br />inundated at high tides with the water <br />table at or near the surface of the <br />sllo:itrate. The substrate of mud flats <br />con tains organic material and particles <br />