Environmental Protection Agency § 230.41

NOTE: Possible actions to minimize adverse the transition to upland. The margin impacts regarding characteristics of biologi- between wetland and open water can cal components of the aquatic ecosystem can best be established by specialists famil- be found in subpart H. iar with the local environment, par- ticularly where emergent vegetation Subpart E—Potential Impacts on merges with submerged vegetation Special Aquatic Sites over a broad area in such places as the lateral margins of open water, head- NOTE: The impacts described in this sub- part should be considered in making the fac- waters, rainwater catch basins, and tual determinations and the findings of com- groundwater seeps. The landward mar- pliance or non-compliance in subpart B. The gin of wetlands also can best be identi- definition of special aquatic sites is found in fied by specialists familiar with the § 230.3(q–1). local environment when vegetation from the two regions merges over a § 230.40 Sanctuaries and refuges. broad area. (a) Sanctuaries and refuges consist of (3) Wetland vegetation consists of areas designated under State and Fed- plants that require saturated soils to eral laws or local ordinances to be survive (obligate wetland plants) as managed principally for the preserva- well as plants, including certain trees, tion and use of fish and wildlife re- that gain a competitive advantage over sources. others because they can tolerate pro- (b) Possible loss of values: Sanc- longed wet soil conditions and their tuaries and refuges may be affected by competitors cannot. In addition to discharges of dredged or fill material plant populations and communities, which will: wetlands are delimited by hydrological (1) Disrupt the breeding, spawning, and physical characteristics of the en- migratory movements or other critical vironment. These characteristics life requirements of resident or tran- should be considered when information sient fish and wildlife resources; (2) Create unplanned, easy and in- about them is needed to supplement in- compatible human access to remote formation available about vegetation, aquatic areas; or where wetland vegetation has been (3) Create the need for frequent main- removed or is dormant. tenance activity; (b) Possible loss of values: The dis- (4) Result in the establishment of un- charge of dredged or fill material in desirable competitive species of plants wetlands is likely to damage or destroy and animals; habitat and adversely affect the bio- (5) Change the balance of water and logical productivity of wetlands eco- land areas needed to provide cover, systems by smothering, by dewatering, food, and other fish and wildlife habi- by permanently flooding, or by altering tat requirements in a way that modi- substrate elevation or periodicity of fies sanctuary or refuge management water movement. The addition of practices; dredged or fill material may destroy (6) Result in any of the other adverse wetland vegetation or result in ad- impacts discussed in subparts C and D vancement of succession to dry land as they relate to a particular sanc- species. It may reduce or eliminate nu- tuary or refuge. trient exchange by a reduction of the system’s productivity, or by altering § 230.41 Wetlands. current patterns and velocities. Disrup- (a)(1) Wetlands consist of areas that tion or elimination of the wetland sys- are inundated or saturated by surface tem can degrade water quality by ob- or ground water at a frequency and du- structing circulation patterns that ration sufficient to support, and that flush large expanses of wetland sys- under normal circumstances do sup- tems, by interfering with the filtration port, a prevalence of vegetation typi- function of wetlands, or by changing cally adapted for life in saturated soil the aquifer recharge capability of a conditions. wetland. Discharges can also change (2) Where wetlands are adjacent to the wetland habitat value for fish and open water, they generally constitute wildlife as discussed in subpart D.

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When disruptions in flow and circula- smother vegetation and benthic orga- tion patterns occur, apparently minor nisms. It may also create unsuitable loss of wetland acreage may result in conditions for their continued vigor by: major losses through secondary im- (1) Changing water circulation pat- pacts. Discharging fill material in wet- terns; (2) releasing nutrients that in- lands as part of municipal, industrial crease undesirable algal populations; or recreational development may mod- (3) releasing chemicals that adversely ify the capacity of wetlands to retain affect plants and animals; (4) increas- and store floodwaters and to serve as a ing turbidity levels, thereby reducing buffer zone shielding upland areas from light penetration and hence photosyn- wave actions, storm damage and ero- thesis; and (5) changing the capacity of sion. a vegetated shallow to stabilize bottom materials and decrease channel § 230.42 Mud flats. shoaling. The discharge of dredged or (a) Mud flats are broad flat areas fill material may reduce the value of along the sea coast and in coastal riv- vegetated shallows as nesting, spawn- ers to the head of tidal influence and in ing, nursery, cover, and forage areas, inland lakes, ponds, and riverine sys- as well as their value in protecting tems. When mud flats are inundated, shorelines from erosion and wave ac- wind and wave action may resuspend tions. It may also encourage the bottom sediments. Coastal mud flats growth of nuisance vegetation. are exposed at extremely low tides and inundated at high tides with the water § 230.44 Coral reefs. table at or near the surface of the sub- (a) Coral reefs consist of the skeletal strate. The substrate of mud flats con- deposit, usually of calcareous or tains organic material and particles silicaceous materials, produced by the smaller in size than sand. They are ei- vital activities of anthozoan polyps or ther unvegetated or vegetated only by other invertebrate organisms present algal mats. in growing portions of the reef. (b) Possible loss of values: The dis- (b) Possible loss of values: The dis- charge of dredged or fill material can charge of dredged or fill material can cause changes in water circulation pat- adversely affect colonies of reef build- terns which may permanently flood or ing organisms by burying them, by re- dewater the mud flat or disrupt peri- leasing contaminants such as hydro- odic inundation, resulting in an in- carbons into the water column, by re- crease in the rate of erosion or accre- ducing light penetration through the tion. Such changes can deplete or water, and by increasing the level of eliminate mud flat biota, foraging suspended particulates. Coral orga- areas, and nursery areas. Changes in nisms are extremely sensitive to even inundation patterns can affect the slight reductions in light penetration chemical and biological exchange and or increases in suspended particulates. decomposition process occurring on the These adverse effects will cause a loss mud flat and change the deposition of of productive colonies which in turn suspended material affecting the pro- provide habitat for many species of ductivity of the area. Changes may re- highly specialized aquatic organisms. duce the mud flat’s capacity to dis- sipate storm surge runoff. § 230.45 Riffle and pool complexes. (a) Steep gradient sections of streams § 230.43 Vegetated shallows. are sometimes characterized by riffle (a) Vegetated shallows are perma- and pool complexes. Such stream sec- nently inundated areas that under nor- tions are recognizable by their hydrau- mal circumstances support commu- lic characteristics. The rapid move- nities of rooted aquatic vegetation, ment of water over a coarse substrate such as turtle grass and eelgrass in es- in riffles results in a rough flow, a tur- tuarine or marine systems as well as a bulent surface, and high dissolved oxy- number of freshwater species in rivers gen levels in the water. Pools are deep- and lakes. er areas associated with riffles. Pools (b) Possible loss of values: The dis- are characterized by a slower stream charge of dredged or fill material can velocity, a steaming flow, a smooth

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surface, and a finer substrate. Riffle ulate concentration, in such a way as and pool complexes are particularly to reduce the fitness of the water for valuable habitat for fish and wildlife. consumption. Water can be rendered (b) Possible loss of values: Discharge unpalatable or unhealthy by the addi- of dredged or fill material can elimi- tion of suspended particulates, viruses nate riffle and pool areas by displace- and pathogenic organisms, and dis- ment, hydrologic modification, or sedi- solved materials. The expense of re- mentation. Activities which affect rif- moving such substances before the fle and pool areas and especially riffle/ water is delivered for consumption can pool ratios, may reduce the aeration be high. Discharges may also affect the and filtration capabilities at the dis- quantity of water available for munic- charge site and downstream, may re- ipal and private water supplies. In ad- duce stream habitat diversity, and may dition, certain commonly used water retard repopulation of the disposal site treatment chemicals have the poten- and downstream waters through sedi- tial for combining with some suspended mentation and the creation of unsuit- or dissolved substances from dredged or able habitat. The discharge of dredged fill material to form other products or fill material which alters stream hy- that can have a toxic effect on drology may cause scouring or sedi- consumers. mentation of riffles and pools. Sedi- mentation induced through § 230.51 Recreational and commercial hydrological modification or as a di- fisheries. rect result of the deposition of uncon- (a) Recreational and commercial solidated dredged or fill material may fisheries consist of harvestable fish, clog riffle and pool areas, destroy habi- crustaceans, shellfish, and other aquat- tats, and create anaerobic conditions. ic organisms used by man. Eliminating pools and meanders by the (b) Possible loss of values: The dis- discharge of dredged or fill material charge of dredged or fill materials can can reduce water holding capacity of affect the suitability of recreational streams and cause rapid runoff from a and commercial fishing grounds as watershed. Rapid runoff can deliver large quantities of flood water in a habitat for populations of consumable short time to downstream areas result- aquatic organisms. Discharges can re- ing in the destruction of natural habi- sult in the chemical contamination of tat, high property loss, and the need recreational or commercial fisheries. for further hydraulic modification. They may also interfere with the re- productive success of recreational and NOTE: Possible actions to minimize adverse commercially important aquatic spe- impacts on site or material characteristics cies through disruption of migration can be found in subpart H. and spawning areas. The introduction of pollutants at critical times in their Subpart F—Potential Effects on life cycle may directly reduce popu- Human Use Characteristics lations of commercially important aquatic organisms or indirectly reduce NOTE: The effects described in this subpart them by reducing organisms upon should be considered in making the factual determinations and the findings of compli- which they depend for food. Any of ance or non-compliance in subpart B. these impacts can be of short duration or prolonged, depending upon the phys- § 230.50 Municipal and private water ical and chemical impacts of the dis- supplies. charge and the biological availability (a) Municipal and private water sup- of contaminants to aquatic organisms. plies consist of surface water or ground water which is directed to the intake of § 230.52 Water-related recreation. a municipal or private water supply (a) Water-related recreation encom- system. passes activities undertaken for amuse- (b) Possible loss of values: Discharges ment and relaxation. Activities encom- can affect the quality of water supplies pass two broad categories of use: con- with respect to color, taste, odor, sumptive, e.g., harvesting resources by chemical content and suspended partic- hunting and fishing; and non-

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