[Code of Federal Regulations]
[Title 40, Volume 22]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR230.75]

[Page 272]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 230--SECTION 404(b)(1) GUIDELINES FOR SPECIFICATION OF DISPOSAL SITES 
FOR DREDGED OR FILL MATERIAL--Table of Contents
 
             Subpart H--Actions To Minimize Adverse Effects
 
Sec. 230.75  Actions affecting plant and animal populations.

    Minimization of adverse effects on populations of plants and animals 
can be achieved by:
    (a) Avoiding changes in water current and circulation patterns which 
would interfere with the movement of animals;
    (b) Selecting sites or managing discharges to prevent or avoid 
creating habitat conducive to the development of undesirable predators 
or species which have a competitive edge ecologically over indigenous 
plants or animals;
    (c) Avoiding sites having unique habitat or other value, including 
habitat of threatened or endangered species;
    (d) Using planning and construction practices to institute habitat 
development and restoration to produce a new or modified environmental 
state of higher ecological value by displacement of some or all of the 
existing environmental characteristics. Habitat development and 
restoration techniques can be used to minimize adverse impacts and to 
compensate for destroyed habitat. Use techniques that have been 
demonstrated to be effective in circumstances similar to those under 
consideration wherever possible. Where proposed development and 
restoration techniques have not yet advanced to the pilot demonstration 
stage, initiate their use on a small scale to allow corrective action if 
unanticipated adverse impacts occur;
    (e) Timing discharge to avoid spawning or migration seasons and 
other biologically critical time periods;
    (f) Avoiding the destruction of remnant natural sites within areas 
already affected by development.