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Construction-Operations <br />Regulatory (96-02049-NW-JJY) <br />Enclosure <br />B. Natiomride Permit <br />cause the loss of »ore than <br />10 acres of waters of the United states# <br />h. The permittee notifies^the^District^E^ <br />would cause the i «ith the **Notification'* general condition. <br />tol l!s;h«gir?n^speciai"ag^alic”st^fs, including wetlands, the <br />Ltification must also include a delineation of affected =Pe=iei <br />aquatic sites, including wetlands. (Also see 33 CFR 330.1(e)), <br />and <br />c. The discharge# including all attendant <br />temporary and permanent, is part of a single and complete <br />project. <br />For the purposes of this nationwide permit# the acreage of loss <br />of waters of the United States includes the <br />waters of the United States that are The <br />flooding# excavation or drainage as a result of cannot <br />ten-acre and one-acre limits of NWP 26 are absolute# and cannot <br />be increased by any mitigation plan offered by the applicant <br />required by the District Engineer. <br />Subdivisions; For any real estate subdivision created or <br />Lbdivided after October 5# 1984# a notification pursuant to <br />subsection (b) of this nationwide permit is required ^ ^ <br />discharge which would cause the aggregate total loss of waters of <br />the United States for the entire subdivision to exceed one (i) <br />acre Any discharge in any real estate subdivision which would <br />cause the^aggregate total loss of waters of the United States <br />^h^subdivilion to exceed ten (10) acres is not authorized by <br />this nationwide permit#* unless the District Engineer exemp <br />particular subdivision or parcel by making a written , <br />determination that: (1) the individual and cumulative adverse <br />environmental effects would be minimal and <br />had, after October 5# 1984, but prior to reaard <br />committed substantial resources in reliance on f <br />to a subdivision, in circumstances where it would be ineq <br />to frustrate his investment-backed expectations, (2) that the <br />individual and cumulative adverse environmental ®^^®®^® . <br />minimal high quality wetlands would not be adversely affecte , <br />and there wLld be an overall benefit to the aquatic environment. <br />Once the exemption is established for a subdivision, ®®2sing <br />lot development by individual property owners may proceed using <br />NWP 26. For purposes of NWP 26, the term real estate <br />subdivision” shall be interpreted to include circumstances