[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: 40CFR230.6]



[Page 259-260]

 

                   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 A_General

 

Sec.  230.6  Adaptability.



    (a) The manner in which these Guidelines are used depends on the 

physical, biological, and chemical nature of the proposed extraction 

site, the material to be discharged, and the candidate disposal site, 

including any other important components of the ecosystem being 

evaluated. Documentation to demonstrate knowledge about the extraction 

site, materials to be extracted, and the candidate disposal site is an 

essential component of guideline application. These Guidelines allow 

evaluation and documentation for a variety of activities, ranging from 

those with large, complex impacts on the aquatic environment to those 

for which the impact is likely to be innocuous. It is unlikely that the 

Guidelines will apply in their entirety to any one activity, no matter 

how complex. It is anticipated that substantial numbers of permit 

applications will be for minor, routine activities that have little, if 

any, potential for significant degradation of the aquatic environment. 

It generally is not intended or expected that extensive testing, 

evaluation or analysis will be needed to make findings of compliance in 

such routine cases. Where the conditions for General permits are met, 

and where numerous applications for similar activities are likely, the 

use of General permits will eliminate repetitive evaluation and 

documentation for individual discharges.

    (b) The Guidelines user, including the agency or agencies 

responsible for implementing the Guidelines, must recognize the 

different levels of effort that should be associated with varying 

degrees of impact and require or prepare commensurate documentation. The 

level of documentation should reflect the significance and complexity of 

the discharge activity.

    (c) An essential part of the evaluation process involves making 

determinations as to the relevance of any portion(s) of the Guidelines 

and conducting further evaluation only as needed. However, where 

portions of the Guidelines review procedure are ``short form'' 

evaluations, there still must be sufficient information (including 

consideration of both individual and cumulative impacts) to support the 

decision of whether to specify the site for disposal of dredged or fill 

material and to support the decision to curtail or abbreviate the 

evaluation process. The presumption against the discharge in Sec.  230.1 

applies to this decision-making.

    (d) In the case of activities covered by General permits or section 

208(b)(4)(B) and (C) Best Management Practices, the analysis and 

documentation required by the Guidelines will be performed at the time 

of General permit issuance or section 208(b)(4)(B) and (C) Best 

Management Practices promulgation and will not be repeated when 

activities are conducted under a General permit or section 208(b)(4)(B) 

and (C) Best Management Practices



[[Page 260]]



control. These Guidelines do not require reporting or formal written 

communication at the time individual activities are initiated under a 

General permit or section 208(b)(4)(B) and (C) Best Management 

Practices. However, a particular General permit may require appropriate 

reporting.