2018-09-19_REVISION - M1999058 (6)

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13 Road Exemption US Army Corps of Engineers Summary Sacramento District 1325 J Street Sacramento, CA 95814-2922 FARM, FOREST, OR TEMPORARY MINING ROADS Pursuant to Section 404 of the Clean Water Act(33 USC 1344)and Federal Regulations(33 CFR 323.4),certain discharges have been exempted from requiring a Section 404 permit. Included in this exemption is construction or maintenance of farm roads,forest roads,or temporary roads for moving mining equipment. To meet this exemption,such roads must be constructed and maintained in accordance with the best management practices(BMPs)to assure that flow and circulation patterns and chemical and biological characteristics of waters of the United States are not impaired,that the reach of the waters of the United States is not reduced,and that any adverse effect on the aquatic environment will be otherwise minimized. The following best management practices must be followed in order for the activity to be exempted from requiring a permit: (1) Permanent roads(for farming or forestry activities),temporary access roads(for mining,forestry,or farm purposes)and skid trails(for logging)in waters of the U.S.shall be held to the minimum feasible number,width,and total length consistent with the purpose of specific farming,silvicultural or mining operations,and local topographic and climatic conditions. (2) All roads,temporary or permanent,shall be located sufficiently far from streams or other water bodies(except for portions of such roads which must cross water bodies)to minimize discharges of dredged or fill material into waters of the U.S. (3) The fill shall be bridged,culverted,or otherwise designed to prevent the restriction of expected flood flows. (4) The road fill shall be properly stabilized and maintained during and following construction to prevent erosion. (5) Discharges of dredged or fill material into waters of the United States to construct a road fill shall be made in a manner that minimizes the encroachment of trucks,tractors,bulldozers,or other heavy equipment within waters of the U.S.(including adjacent wetlands)that lie outside the lateral boundaries of the fill itself. (6) In designing,constructing,and maintaining roads,vegetative disturbance in the waters of the U.S.shall be kept to a minimum. (7) The design,construction,and maintenance of the road crossing shall not disrupt the migration or other movement of those species of aquatic life inhabiting the water body. (8) Borrow material shall be taken from upland sources whenever feasible. (9) The discharge shall not take,or jeopardize the continued existence of,a threatened or endangered species as defined under the Endangered Species Act,or adversely modify or destroy the critical habitat of such species. (10)Discharges into breeding and nesting areas for migratory waterfowl,spawning areas,and wetlands shall be avoided if practical alternatives exist. (11) The discharge shall not be located in the proximity of a public water supply intake. (12) The discharge shall not occur in areas of concentrated shellfish production. (13) The discharge shall not occur in a component of the National Wild and Scenic River System. (14) The discharge of material shall consist of suitable material free from toxic pollutants in toxic amounts. (15) All temporary fills shall be removed in their entirety and the area restored to its original elevation.