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999 <br /> NATIONWIDE PERMIT 26 <br /> HEADWATERS AND ISOLATED WATERS DISCHARGES <br /> (Section 404) <br /> The Corps of Engineers has issued a nationwide general permit authorizing discharges of <br /> dredged or fill material into headwaters and isolated waters provided: <br /> a. The discharge does not cause the loss of more than 10 acres of waters of the <br /> United States. <br /> b. The permittee notifies the District Engineer if the discharge would cause the loss <br /> of waters of the United States greater than one acre in accordance with the "Notification" <br /> general condition. For discharges in special aquatic sites, including wetlands, the <br /> notification must also include a delineation of affected special aquatic sites, including <br /> wetlands. (Also see 33 CFR 330.1{e}); and, <br /> c. The discharge, including all attendant features, both temporary and permanent, is <br /> part of a single and complete project. <br /> For the purpose of this nationwide permit, the acreage of loss of waters of the United States <br /> includes the filled area plus waters of the United States that are adversely affected by <br /> flooding, excavation or drainage as a result of the project. The ten-acre increased by any <br /> mitigation plan offered by the applicant or required by the District Engineer. <br /> Subdivisions: For any real estate subdivision created or subdivided after October 5, 1984, a <br /> notification pursuant to subsection b. of this nationwide permit is required for any discharge <br /> which would cause the aggregate total loss of waters of the United States for the entire <br /> subdivision to exceed one (1) acre. Any discharge in any real estate subdivision which <br /> would cause the 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 District <br /> Engineer exempts a particular subdivision or parcel by making a written determination that: <br /> (1) The individual and cumulative adverse environmental effects would be minimal and the <br /> property owner had, after October 5, 1984, but prior to January 21, 1992, committed <br /> substantial 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, or (2) that the <br /> individual and cumulative adverse environmental effects would be minimal, high quality <br /> wetlands would not be adversely affected, and there would be an overall benefit to the <br /> aquatic environment. One the exemption is established for a subdivision, subsequent lot <br /> development by individual property owners may proceed using NWP 26. For purposes of <br /> NWP 26, the term "real estate subdivision" shall be interpreted to include circumstances <br /> where a landowner or developer divides a tract of land into smaller parcels for the purpose <br /> of selling, conveying, transferring, leasing, or developing said parcels. This would include <br /> the entire area of a residential, commercial or other real estate subdivision, including all <br /> parcels and parts thereof. <br /> 1 <br />