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./ <br />Construction-Operations <br />Regulatory (93-02043-^W-JJY) <br />Enclosure <br />B. Nationwide Permit <br />26. Headwaters and Isolated Waters Discharges. Discharges of dredged or fill <br />traterial into headwaters and isolated waters provided; a. The discharge does <br />not cause the loss of more than 10 acres of waters of the United States; <br />b. The permittee notifies the District Engineer if the discharge would cause <br />the loss of waters of the United States greater than one acre in accordance <br />with the "Notification" general condition. For discharges in special aquatic <br />sites, including wetlands, the notification must also include a delineation of <br />affected special aquatic sites, .including wetlands. (Also see 33 CFR <br />330.1(e)); and <br />The discharge, including all attendant features, both temporary and <br />nt. is part of a single and complete project. <br />c. <br />permanent. <br />For the purposes of this nationwide permit, the acreage of loss of waters of <br />the United States includes the filled area plus waters of the United States <br />that are adversely affected by flooding, excavation or drainage as a result of <br />the project. The ten-acre and onc-acre limits of NW? 26 are absolute, and <br />cannot be increased by any mitigation plan offered by the applicant or <br />required by the District Engineer. <br />Subdivisions; For any real estate subdivision created or subdivided after <br />October 5, 1984, a notification pursuant to subsection (b) of this nationwide <br />permit is required for any discharge which would cause the aggregate total <br />loss of waters of the United States for the entire subdivision to exceed one <br />(1) acre. Any discharge in any real estate subdivision which would cause the <br />aggregate total loss of waters of the United States in the subdivision to <br />exceed ten (10) acres is not authorized by this nationwide permit; unless the <br />District Engineer exempts a particular subdivision or parcel by making a <br />written determination that; (1) the individual and cumulative adverse <br />environ.mental effects would be minimal and the property owner had, after <br />October 5, 1984, but prior to January 21, 1992, committed substantial <br />resources in reliance on NVP 26 with regard to a subdivision, in circumstances <br />where it would be inequitable to frustrate his investment-backed expectations, <br />or (2) that the individual and cumulative adverse environmental effects would <br />be minimal, high quality wetlands would not be adversely affected, and there <br />would be an overall benefit to the aquatic environment. Once the exemption is <br />established for a subdivision, subsequent lot development by individual <br />property owners may proceed using tW? 26. For purposes of NVJP 26, the term <br />"real estate subdivision" shall be interpreted to include circumstances where <br />a landowner or developer divides a tract of land into smaller parcels for the <br />purpose of selling, conveying, transferring, leasing, or developing said <br />parcels. This would include the entire area of a residential, commercial or <br />other real estate subdivision, including all parcels and parts thereof. <br />(Section 404)