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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
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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 />85354 Federal Register / Vol. 45. No. 249 / Wednesdav. December 24. 1980 / Rules and Regulations <br /> <br />, <br /> <br />~ 230.52 Water-related recreation. <br />(a) Water-related recreation <br />encompasses activities undertaken for <br />amusement and relaxation. Activities <br />encompass two broad categories of use: <br />consumptive. e.g.. harvesting resources <br />by hunting and fishing: and non- <br />comsumptive. e.g. canoeing and sight- <br />seeing. <br />(b 1 Possible loss of values: One of the <br />more important direct impacts of <br />dredged or fill disposal is to impair or <br />destroy the resources which support <br />r~crelltion activities. The disposal of <br />dredged or fill material may adversely <br />m Jdify or destroy water use for <br />recreation by changir:g turbidity. <br />suspended particuldtes. temperature. <br />dissolved oxygen. dissolved materials. <br />toxic materials. pathogenic organisms. <br />quality of habitat. and the aesthetic <br />qJlalities of sight. taste. odor. and calor. <br /> <br />~ 230.53 Aesthetics. <br />fa) Aesthetics associated with the <br />tl':llJatic ecosystem consist of tho:? <br />perception of beauty by one or a <br />combination of the senses of sight, <br />hearing. tonch, and smell. Aesthetics of <br />aqu<}lic ecosystems apply to the qlJality <br />of life enJoyed by the general public and <br />property owners. <br />(b) Possible loss of values: The <br />discharge of dredged Of fill material can <br />mar the be'luty of natural aquatic <br />PC(l~vstems by degrading water quality, <br />cn~Hting distracting disposal sites, <br />inducing inappropriate development, <br />encouraging l,;,nplanned and <br />incompatible human access. and by <br />destroying vital elements that contribute <br />to the compositional hannony or unity, <br />visual distinctiveness. or diversity of an <br />area. The discharge of dredged 0r fill <br />material can adversely affect the <br />particular features. traits. or <br />characteristics of an aquatic arc a which <br />make it valuable to property owners. <br />Acti\"ities which degrade water quality, <br />disrupt natural substrate and <br />vegetational characterishcs. deny <br />i.lcccs~ tl' or visibilitv of the resource, or <br />result i~ changes in odor. air quality, or <br />nnise levels may reduce the value of an <br />aquatic area to r;;-lvate property owners. <br /> <br />~ 230.54 Parks, national and historical <br />monuments. national seashores, wilderness <br />areas, re~earch sites, and similar <br />pre~erves. <br />[a] These preserves consist of areas <br />designated under Federal and Slate <br />IHws cr 10cCll ordinances to bp. man2~ed <br />fur theif aesthelic. educational. - <br />historical. recreatianal. or scientific <br />value. <br />(bJ Possible loss of values: The <br />discharge of dredged or fill material into <br />such areas may modify the aesthetic, <br /> <br />educational. historical. recreational' <br />and/or scientific qualities thereby <br />reducing or eliminating the uses for <br />which such sites are set aside and <br />managed. <br />Note.-Possible actions to minimize <br />adverse impacts regarding site or material <br />characteristics can be found in Subpart H. <br /> <br />Subpart G-Evaluation and Testing <br /> <br />~ 230.60 General evaluation of dredged or <br />fill material. <br /> <br />The purpose of these evaluation <br />procedures and the chemical and <br />biological testing sequence outlined in <br />t 230.61 is to provide information to <br />reaca the determinations required by <br />t 230.11. 'Wbere the results of prior <br />evaluations, chemical and biological <br />tests, scientific research. and experience <br />can provide information helpful in <br />making a determination, these should be <br />used. Such prior results may make new <br />testing unnecessary. The information <br />used shall be documented. Where the <br />same information applic'J to more than <br />one determination. it may be <br />documented once and referenced in <br />ialer determinations. <br />(a) If the evaluation under paragraph <br />(b) indicates the dredged or fill material <br />is not a carrier of contaminants, then the <br />required determinations pertaining to <br />the presence and effects of <br />contaminants can be made without <br />testing. DrEdged or fill material is most <br />likely to be free from chemical, <br />biological. or other pollutants where it is <br />composed primarily of sand, gravel, or <br />other naturally occurring inert material. <br />Dredged material so composed is <br />generally found in areas of high current <br />or wave enerFlY such as streams with <br />large bed loads or coastal areas with <br />shifting bars and channels. However. <br />when such material is discolored or <br />contains other indications that <br />contamlnants may be present. further <br />inquiry should be made. <br />(b) The extraction site shall be <br />examined in oraer to :'lSSf!>S whether it <br />is sufficientlv removed from ~ources of <br />pollution to providp. reasonable <br />assurance that the proposed discharge <br />material is not a carrier of <br />contaminants. Factors to be considered <br />include but are not limited to: <br />(1] Potential routes of contaminants or <br />contaminated sediments to the <br />extraction site. based on hydrographic <br />or other maps. aerial photography, or <br />other materials that show watercourses. <br />surface relief. proximity !o tidal <br />movement. private and public roads. <br />location of buildings. municipal and <br />industrial areas, and agricultural or <br />forest lands. <br /> <br />(2: Pertinent results from tests <br />previously carried out on the material at <br />the E~xtraction site. or carried out on <br />simLar material for other permitted <br />projects in the vicinity. Materials shall <br />be cl>nsidered similar if the sources of <br />contamination. the physical <br />configuration of the sites and the <br />sediment composition of the materials <br />are comparable, in light of water <br />circLlation and stratification. sediment <br />accumulation and general sediment <br />characteristics. Tests from other sites <br />may be relied on only if no changes <br />have occurred at the extraction sites to <br />render the results irrelevant. <br />(3J Any potential for significant <br />introduction of persistent pesticides <br />flom land runoff or percolation: <br />(4J Any records of spilfs or disposal of <br />petroleum products or substances <br />designated as hazardous under section <br />311 (If the Clean Water Act (See 40 CFR <br />116); <br />(5] Information in Federal. State and <br />loca:, records indicating significant <br />introduction of pollutants Irom <br />industfles, municipalities. or other <br />sour:es. including types and amounts of <br />was1'~ r.;--terials discharged along the <br />poten.tial routes of contaminants to the <br />extraction site: and <br />(6] Any possibility of the presence of <br />substantial natural deposits of minerals <br />or other substances which could be <br />released to the aquatic environment in <br />harmful qUilntities by man-induced <br />discharge activities. <br />(c] To reach the determinations in <br />fi 230.11 involving potential effects of the <br />discharge on the Characteristics of the <br />disp<Jsal site, the narrative guidance in <br />Subparts C-F shall be used along with <br />the E:eneral evaluation procedure in <br />~ 230.00 and, if necessary, the chemical <br />and biological testing sequence in <br />t 2.30.61. Where the discharge site is <br />adiacent to the extraction site and <br />subj'~ct to the same sources of <br />contaminants. and materials at the two <br />sites are substantially similar. the fact <br />thr; t the ma terial to be discharged may <br />be a c<J.rrier of contammants is not likely <br />to result in degradation of the disposal <br />site. III such circumstances. when <br />dissulved material and suspended <br />par1lculates can be controlled to prevent <br />carrying pollutants to less contaminated <br />areas, testing will not be required. <br />(dl Even if the I 230.60(b) evaluation <br />(previous tests. the presence of polluting <br />mdustries and information about their <br />di~c:harge or runoff into waters of the <br />V.S.. bioinventories, etc.) leads to the <br />conclusion that there is a high <br />probability that the material proposed <br />for discharge is a carrier of <br />contaminants. testing may not be <br />necessary if constraints are available to <br />
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