40 C.F.R. § 230.77

Other actions

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(a) In the case of fills, controlling runoff and other discharges from activities to be conducted on the fill;

(b) In the case of dams, designing water releases to accommodate the needs of fish and wildlife;

(c) In dredging projects funded by Federal agencies other than the Corps of Engineers, maintain desired water quality of the return discharge through agreement with the Federal funding authority on scientifically defensible pollutant concentration levels in addition to any applicable water quality standards;

(d) When a significant ecological change in the aquatic environment is proposed by the discharge of dredged or fill material, the permitting authority should consider the ecosystem that will be lost as well as the environmental benefits of the new system.

Notes of Decisions

Cited in 1 case, 2006–2006 · leading case: Sierra Club v. United States Army Corps of Engineers, 464 F. Supp. 2d 1171 (M.D. Fla. 2006).

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Sierra Club v. United States Army Corps of Engineers, 464 F. Supp. 2d 1171 (M.D. Fla. 2006). “70 through 40 CFR 230.77 (Subpart H of the 404(b)(1) Guidelines).”

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