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r <br />Con«truction-Op«r «tions <br />R«9ulstory (93>02043-NW-JJT) <br />Enclosura <br />26. Hssdwstsrs snd Isolated Waters Dischaross. Oischsrgss of drsdgsd or fill <br />■stsrisl into hosdwstsrs snd isolated waters providsdt a. The discharge does <br />not cause the loss of worm than 10 acres of waters of the United States; <br />b. The permittee notifies the District Engineer if the discharge «/ould 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 />c. The discharge, including all attendant features, both temporary and <br />permanent, is part of a single and complete project. <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 one-acre limits of NWP 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 S, 1984, a notification pursuant to subsection (b) of this nationwide <br />permit is required for any discharge which «rould 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 *'he 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 />environmental effects would be mirimal and the property o%mer had, after <br />October S, 1984, but prior to Jam ary 21, 1992, committed substantial <br />resources in reliance on NWP 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, aubsequeut lot developeient by individual <br />property owmers may proceed using tn*;? 26. For purposes of NWP 26, tne term <br />"real estate subdivision' s’'all be interpreted to include circumstances where <br />a landowner or deve.,oper di ides 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)