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U.S. Environmental Protection Agency, Region IX - page 6 / 97

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to this trigger. As such, it is hard to determine if ADOT/Fisher has complied with this requirement.

404 Permit Review: The Corps permitted the Site under Nationwide Permit 33 and 14. Nationwide 33 requires that all temporary fill be entirely removed to upland areas. It is unlikely that ADOT/Fisher will be able to remove the ¾” gravel used as bedding material.

Special Condition #4 in ADOT’s CWA Section 404 Permit requires that construction limits for all work within waters of the U.S. to be staked or flagged prior to construction, and that these perimeter markers be maintained for the life of the project. ADOT/Fisher could not find the stakes or flags, nor did they seem to know the construction limits for work within waters of the U.S.

The inspection was concluded at 1:30 p.m.

Attachment (1)

1.

Photograph log of the February 5, 2010 inspection, labeled IMGP0002­ IMGP0087.

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