[Code of Federal Regulations]

[Title 40, Volume 24]

[Revised as of July 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR230.40]



[Page 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;

    (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.