[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: 40CFR230.75]



[Page 276]

 

                   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.