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Engineers (ATTN: CECW-OR) has been furnished notice of the agency's or department's application for the <br /> categorical exclusion and concurs with that determination. Prior to approval for purposes of this nationwide permit <br /> of any agency's categorical exclusions, the Chief of Engineers will solicit comments through publication in the <br /> Federal Register. In addressing these comments, the Chief of Engineers may require certain conditions for <br /> authorization of an agency's categorical exclusions under this nationwide permit. (Sections 10 and 404) <br /> 24. State Administered Section 404 Program. Any activity permitted by a state administering its own Section 404 <br /> permit program .urant to 33 U.S.C. 1344(g) -(1) is permitted pursuant to Section 10 of the liverand Harbor Act <br /> of 1899. Those activities which do not involve a Section 404 state permit are not included in this nationwide <br /> permit, but certain structures will be exempted by Sec. 154 of PL 94-587 (see 33 CFR 322.3(a)(2)).. (Section 10) <br /> 25. Structural Discharge. Discharges of material such as concrete, sand, rock, etc. into tightly sealed forms or cells <br /> where the material will be used as a structural member for standard pile supported structures, such as piers and <br /> docks; and for linear projects, such as bridges, transmission line footings, and walkways. The NWP does not <br /> authorize filled structural members that would support buildings, homes, parking areas, storage areas and other such <br /> structures. Housepads or other building pads are also not included in this nationwide permit. The structure itself <br /> may require a Section 10 permit if located in navigable waters of the United States. (Section 404) <br /> 26. Headwaters and Isolated Waters Discharges. Discharges of dredged or fill material into headwaters and <br /> isolated waters provided: <br /> a. The discharge does not cause the loss of more than 10 acres of waters of the United States; <br /> b. The permittee notifies the district engineer if the discharge would cause the loss of waters of the United <br /> States greater than one acre in accordance with the "Notification" general condition. For discharges in <br /> special aquatic sites, including wetlands, the notification must also include a delineation of affected special <br /> aquatic sites, including wetlands. (Also see 33 CFR 330.1(e)); and <br /> c. The discharge, including all attendant features, both temporary and permanent, is part of a single and <br /> complete project. <br /> Subdivisions: For the purposes 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 flooding, excavation or <br /> drainage as a result of the project. The ten -acre and one -acre limits of NWP 26 are absolute, and cannot be <br /> increased by any mitigation plan offered by the applicant or required by the Subdivisions: For any real estate <br /> subdivision created or subdivided after October 5, 1984, a notification pursuant to subsection (b) is required for any <br /> discharge which would cause the aggregate total loss of waters of the United States for the entire subdivision to <br /> exceed one (1) acre. Any discharge in any real estate subdivision which would cause the aggregate total loss of <br /> waters of the United States in the subdivision to exceed ten (10) acres is not authorized by this nationwide permit; <br /> unless the DE exempts a particular subdivision or parcel by making a written determination that (1) the individual <br /> and cumulative adverse environmental effects would be minimal and the property owner had, after October 5, 1984, <br /> but prior to January 13, 1992, committed substantial resources in reliance on NWP 26 with regard to a subdivision, <br /> in circumstances 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 wetlands would not be <br /> adversely affected, and there would be an overall benefit to the aquatic environment. Once the exemption is <br /> established for a subdivision, subsequent lot development by individual property owners may proceed using NWP <br /> 26. For purposes of NWP 26, the term "real estate subdivision" shall be interpreted to include circumstances where <br /> a landowner or developer divides a tract of land into smaller parcels for the purpose of selling, conveying, <br /> transferring, leasing, or developing said parcels. This would include the entire area of a residential, commercial or <br /> other real estate subdivision, including all parcels and parts thereof. (Section 404) <br /> 7 <br />