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<br />US Army Corps <br />of Engineers <br />uwl~q~ an~a <br />1101 AtMlm FYt> NE <br />Road <br />Exemption <br />Alhquegie, NM !)1®J4#S <br />Fc N0. 306Jl2JW Summary <br /> <br />FARM, FOREST, OR TEMPORARY MINING ROADS <br />Pursuant to Section 404 of the Clean Water Ad (33 USC 1344) and <br />Federal Regulations (33 CFR 323.4), certain discharges have been <br />exempted from requiring a Section 404 permd. Included in this exemption <br />is construction or maintenance of farm roads, forest roads, or temporary <br />roads for moving mining equipment. To meet this exemption, such roads <br />must be constructed and maintained in accordance with the best <br />management practices (BMPs) to assure that flow and circulation patterns <br />and chemical and biological characteristics of waters o1 the Untied States <br />are not impaired, that the reach of the waters of the United States is not <br />reduced, and that arty adverse effect on the aquatic environment will be <br />otherwise minimized. <br />The following best management practices must be followed in order for <br />the activity to be exempted hom requiring a permit: <br />(t) Permanent roads (for farming or forestry activities), temporary <br />access roads (for mining, forestry, or farm purposes) and skid trails (for <br />logging) in waters of the U.S. shall be held to the minimum feasible <br />number, width, and total length consistent with the purpose of speck <br />farming, siNicultural or mining operations, and local topographic and <br />climatic conditions. <br />(2) All roads, temporary or permanent, shall be located sufficiently <br />tar from streams or other water bodies {except for portions of such roads <br />which must cross water bodies) to minimize discharges of dredged or fill <br />material into waters of the U.S. <br />(3) The fill shall be bridged, cuNerted, or otherwise designed to <br />prevent the restriction of expelled flood flows. <br />( ~ •. <br />(4) The road fill shall be properly stabilized and maintained during <br />and following construction to prevent erosion. <br />(5) Dischazges of dredged or fill material into waters of the United <br />States to construct a road fill shall be made in a manner that minimizes the <br />encroachment of hocks, tractors, bulldozers, or other heavy equipment <br />within waters of the U.S. (inducting adjacent wetlands) that lie outside the <br />lateral boundaries of the fill itself. <br />(6) In designing, constructing, and maintaining roads, vegetative <br />disturbance in the waters o1 the U.S. shall be kept to a minimum. <br />(7) The design, construction, and maintenance of the road crossing <br />shall not disrupt the migration or other movement of those species of <br />aquatic life inhabiting the water body. <br />(t3) Borrow material shall be taken from upland sources vfhenever <br />feasible. <br />(g) The discharge shall not take, or jeopardize the continued <br />existence ol, a threatened or endangered species as defined under the <br />Endangered Species Act, or adversely modify or destroy the crrlical habitat <br />of such species. <br />(f0) Discharges into breeding and nesting areas for migratory <br />vratertowl, spawning areas, and wetlands shall be avoided it practical <br />alternatives exist. <br />(11) The discharge shall not be located in the proximity of a public <br />water supply intake. <br />(12) The discharge shall not occur in areas of concentrated shellfish <br />production. <br />(13) The discharge shall not occur in a component o1 the National <br />Wild and Scenic River System. <br />(14) The discharge of material shall consist of suitable materia( free <br />Irom toxic pollutants in toxic amounts. <br />V <br />N <br />W <br />N <br />0 <br />A <br />3 <br />0 <br />3 <br />-! <br />a <br /> <br />a <br />