[Code of Federal Regulations]
[Title 40, Volume 24]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR230.40]

[Page 267-268]
 
                   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 E_Potential Impacts on Special Aquatic Sites
 
Sec. 230.40  Sanctuaries and refuges.

    Note: The impacts described in this subpart should be considered in 
making the factual determinations and the findings of compliance or non-
compliance in subpart B. The definition of special aquatic sites is 
found in Sec. 230.3(q-1).


    (a) Sanctuaries and refuges consist of areas designated under State 
and Federal laws or local ordinances to be managed principally for the 
preservation and use of fish and wildlife resources.
    (b) Possible loss of values: Sanctuaries and refuges may be affected 
by discharges of dredged or fill material which will:
    (1) Disrupt the breeding, spawning, migratory movements or other 
critical life requirements of resident or transient fish and wildlife 
resources;
    (2) Create unplanned, easy and incompatible human access to remote 
aquatic areas;
    (3) Create the need for frequent maintenance activity;

[[Page 268]]

    (4) Result in the establishment of undesirable competitive species 
of plants and animals;
    (5) Change the balance of water and land areas needed to provide 
cover, food, and other fish and wildlife habitat requirements in a way 
that modifies sanctuary or refuge management practices;
    (6) Result in any of the other adverse impacts discussed in subparts 
C and D as they relate to a particular sanctuary or refuge.