crop of fish in the reservoir that would be created, after the initial years, is expected to be low. Id. no. 60. Tom Welborn, an EPA biologist, evaluated the project site and rated the area as an "above average" wildlife habitat compared to other wetlands in the Southeast. His report states that the Hurricane Creek floodplain has diverse and palatable vegetation, good area for cover, and an abundance and variety of wildlife habitat. Administrative Record, Box 4, file 3, no. 13. 28 . 40 C.F.R. § 231.2(e) defines “unacceptable adverse effect” and requires that the EPA consider the relevant section 404(b)(1) guidelines when evaluating the unacceptability of such impacts under section 404(c). See Bersani v. EPA, 674 F.Supp. 405, 414-17 (N.D.N.Y.1987), aff’d, 850 F.2d 36 (2d Cir.1988) (<HOLDING>). 29 . The Court feels that the result reached
holding private actors are not acting under the color of state law for the purposes of section 1983 liability recognizing that the epa can consider the section 404b1 guidelines when acting under section 404c holding that grouping under section 3d12d is not appropriate when the guidelines measure harm differently holding that section 4a12 is a broadly applicable section of the guidelines holding that the epa is also exempt from the requirement to consider alternatives under section nepa 102e