11-21-1994 Planning Packet - Laserfiche WebLink

Home Browse Search

Const ruct ior.HOp«r«t Ions Rsgulstory (93-02043-Sjl-tJJT) Inclosurs ®. Bstioswids rsnsit -..^.t-.rs sn3 w.tsrs Pt«ch4f«l. OUchsr,*. of drodgod or frll Ltsrill^n^o^hsldwstsrs s^ i.oUtsd wstsrs provldedi s. Th» dischsrgs doos the lo.. of -=r. th.n 10 .=r« of ..t.r. of th. Oolt.d St.t.., sffscted spocisl scTustic sitss. Including wstlsnds. (Also 330.!(•)); *nd C. Th« dischargs. Including All Attsndant fsaturs*. both twiporary and psnnanent, is part of a singls and cocplsts projsct. for th. purpos.. ot this natlonwid. p.r,it. the *«««* °' '°** th. United States includes the filled area plus water, of the United Spates that are adversely affected by flooding, escavation or drainage as a resolt o thi pro^cr t.h-.cr. .ni on.-.or. lUit. ot >«P 2* «. -foWt., «d c«mot bo tncro.ood by ony situation pUn offorod by tho appUcont required by th.e District Engineer. ^nhHivi.ions: For any real estate subdivision created or subdivided after O^ober 5. 1984, a notification pursuant to subsection (b) of * penrit le required for any discharge which would cause th. aggregate of -aU« ot th. unltod dtato. for th. .httr. t«Il loa. o? -at.r. of th. oottod stat.. In th. .obdWi.lon to exceed ten (10) acres is not authorired by this nationwide permit, unless the District Engineer ex«npts a particular subdivision or written determination that: (1) the individual and cumulative J**^”** environmental effects would be minimal and the property owner had, after October 5, 1984, but prior to January 21, 1992, committed substantial resources in reliance on NWP 26 with regard to a subdivision, in where it would be Inequitable to frustrate his or (2) that the individual and cumulative adverse environmental be minimal, high quality wetlands would not be adversely would be an overall benefit to the aquatic environment. Once the exemption established for a subdivision, subsequent lot property owners may proceed using KWP 26. For purposes of NWP 26, ■real estate f ibdivislon- shall be interpreted to include circumstance a landowner or developer divides a tract of land into smaller parcels for the purpose of selling, conveying, transferring, leasing, or developing said parols. This would include the entire area of a residential, commercial or other real estate subdivir on, including all parcels and parts thereof. (Section 404)