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Construction-Operations <br /> Regulatory (98-00562-NW-JBK) <br /> Enclosure <br /> B. Nationwide Permit: <br /> 26 . Headwaters and Isolated Waters Discharges : Discharges of <br /> dredged or fill material into headwaters and isolated waters <br /> provided that the activity meets all of the following criteria : <br /> a. The discharge does not cause the loss of more than 3 acres <br /> of waters of the United States nor cause the loss of waters of <br /> the United States for a distance greater than 500 linear feet of <br /> the stream bed; <br /> b. For discharges causing the loss of greater than 1/3 acre <br /> of waters of the United States, the permittee notifies the <br /> District Engineer in accordance with the `Notification' general <br /> condition; <br /> c . For discharges causing a loss of 1/3 acre or less of <br /> waters of the United States the permittee must submit a report <br /> within 30 days of completion of the work, containing the <br /> information listed below; <br /> d. For discharges in special aquatic sites, including <br /> wetlands, the notification must also include a delineation of <br /> affected special aquatic sites, including wetlands (Also see 33 <br /> CFR 330 . 1 (e) ) ; and <br /> e . The discharge, including all attendant features, both <br /> temporary and permanent, is part of a single and complete <br /> project . Note, this NWP will expire on December 13 , 1998 . <br /> For the purposes of this NWP, the acreage of loss of waters <br /> of the United States includes the filled area plus waters of the <br /> United States that are adversely affected by flooding, excavation <br /> or drainage as a result of the project . The 3 acre and 1/3 acre <br /> limits of NWP 26 are absolute, and cannot be increased by any <br /> mitigation plan offered by the applicant or required by the <br /> District Engineer. Whenever any other NWP is used in conjunction <br /> with this NWP, the total acreage of impacts to waters of the <br /> United States of all NWPs combined, can not exceed 3 acres . <br /> Subdivisions : For any real estate subdivision created or <br /> subdivided after October 5, 1984, a notification pursuant to <br /> subsection (b) of this NWP is required for any discharge which <br /> would cause the aggregate total loss of waters of the United <br /> States for the entire subdivision to exceed 1/3 acre . Any <br /> discharge in any real estate subdivision which would cause the <br /> aggregate total loss of waters of the United States in the <br /> subdivision to exceed 3 acres is not authorized by this NWP; <br /> unless the District Engineer exempts a particular subdivision or <br /> parcel by making a written determination that : (1) The individual <br />