40 C.F.R. § 230.70

Actions concerning the location of the discharge

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The effects of the discharge can be minimized by the choice of the disposal site. Some of the ways to accomplish this are by:

(a) Locating and confining the discharge to minimize smothering of organisms;

(b) Designing the discharge to avoid a disruption of periodic water inundation patterns;

(d) Selecting a disposal site at which the substrate is composed of material similar to that being discharged, such as discharging sand on sand or mud on mud;

(e) Selecting the disposal site, the discharge point, and the method of discharge to minimize the extent of any plume;

(f) Designing the discharge of dredged or fill material to minimize or prevent the creation of standing bodies of water in areas of normally fluctuating water levels, and minimize or prevent the drainage of areas subject to such fluctuations.

Notes of Decisions

Cited in 4 cases, 1992–2006 · leading case: Norman v. United States, 63 Fed. Cl. 231 (Fed. Cl. 2004).

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Norman v. United States, 63 Fed. Cl. 231 (Fed. Cl. 2004). “See also Corps of Engineers, Department of the Army, Final Rule for Nationwide Permit Program Regulations and Issue, Reissue, and Modify Nationwide Permits, 56 Fed.”

Sierra Club v. United States Army Corps of Engineers, 464 F. Supp. 2d 1171 (M.D. Fla. 2006). “Some mitigation measures are enumerated at 40 CFR 230.70 through 40 CFR 230.77 (Subpart H of the 404(b)(1) Guidelines).”

Holy Cross Wilderness Fund v. Madigan, 960 F.2d 1515 (10th Cir. 1992). “See also 40 C.F.R. § 230.70 -§ 230.77 (section 404(b) Guidelines detailing mitigation measures).”

United States v. Mango, 997 F. Supp. 264 (N.D.N.Y. 1998). “See 40 C.F.R. §§ 230.70 -.76. Although admittedly subpart H is not intended to be an exhaustive list of appropriate measures, none of the steps mentioned even remotely indicate an intent to regulate the drainage of wetlands.”

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