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Fact Sheet N26 33 CFFt Section 330.6 Nadonr-ide Permits (b) authorized Activities: (26) Headwaters sod Isolated Waters Discharges. Dischazges of dredged or fill material into headwaters and isolated waters provided: a. The discharge does not cause the loss of more than ]0 acres of waters of the United Sates; b. The permittee notifies the district engineer if the discharge would cause the loss of waters of the United States greater than one acre in accordance with the 'Notification' general condition. For dischazges in special aquatic sites, including wetlands, the notification must also include a delineation of affected special aquatic sites, including wetlands. (Also sce 33 CFR 330.1(e)); and c. The discharge, including all attendant features, both temporary and permanent, is part of a single and wmplete project. For the purposes of this nationwide permit, the acreage of loss of waters of the United States includes the filial area plus waters of the United States that arc adversely affected by flooding, excavation or drainage as a result of the project. The tea-acre and one-acre limits of NWP 26 are absolute, and cannot be increased by any :mitigation plan offered by the applicant or required by the DE. Subdivisions: For any teal estate subdivision created or subdivided after October S, 1984, a notification pursuant to subsection (b) of this nationwide permit is required for any discharge which would cause the aggregate total loss of waters of the United States for the entire subdivision to exceed one (1) acre. Any discharge in any real estate subdivision which would cauu the aggregate total loss of waters of the United States in the subdivision to exceed ten (10) acres is not authorized by this nationwide permit; unless the DE exempts a particular subdivision or parcel by making a written determination that: (1) ffie individual and cumulatiive adverse environmental effects would be minimal and the property owver 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 circumstances where it would be inequitable to frostrrte his investment-backed expectations, or (2) that the individual and cumulative adverse environmental effecu would be minimal, high quality wetlands; would not be adversely affected, and there would be an overall benefit to the aquatic environment. Once the exemption is established for a subdivision, subsequent lot development be individual property owners :may procoed using NWP 26. For purposes of NWP 26, the term 'real estate subdivision' shall be interpreted to include circumstances where a landowner or developer divides a tract of land into smaller parcels 1'or the purpose of selling, conveying, transferring, leasing, or developing said parcels. This would include the entire area of a residential, commercial or other rsal estate subdivision, including all parcels and parts the.ceof. (Section 404) Structurrl Discharee. Dischazges of material such as concrete, sand, rock, etc. into tightly sealed forms or cells where the material will be used as a structural member for standard pile supported structures, such as piers and docks; and for linear projects, such as bridges, transmission line footings, and walkways. The NWP dots not authorize filled structural members that would support areas and other such structures. Housepads or other building pads are also not included in this nationwide permit. The structure itself may require a section 10 permit if located in navigable waters of the United States. (Section 404) (c) General Conditions: The following general conditions, where applicable, must be complied with for We Nationwide Permit authorization to remain valid: (1) Navieation. No activity may cauu more than a minimal adverse effect on navigation.