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SWANCC obtained the needed local and state permits, but the Corps, on the basis of the ponds and their use by migratory birds, asserted jurisdiction under section 404 and denied a permit. Section 404 requires permits for discharges to dispose of dredged and fill material into the nation's navigable waters, such as when a landowner undertakes ...
Under Section 404 of the CWA, a permit from the US Army Corps of Engineers is required to conduct certain activities that may impact wetlands. The developer must submit a Public Notice to their respective district of the US Army Corps of Engineers (USACE) requesting to carry out a project and associated ecological impacts on a wetland.
Determining which wetlands are regulated under section 404 of the Clean Water Act [6] or Section 10 of the Rivers and Harbors Act is termed "jurisdictional determination". Determining the boundary of wetland, whether jurisdictional under sections 404 or 10, or not jurisdictional but still meeting the technical definition of a wetland, that is ...
The 1977 amendments included a set of six section 404 exemptions. For example, totally new activities such as construction of farm roads, Sec. 1344(f)(1)(E), construction of farm or stock ponds or irrigation ditches, and minor agricultural drainage, Sec. 1344(f)(1)(A), all are exempted by Statute.
[3] Carabell, who was involved in the associated case Carabell v. United States Army Corps of Engineers, sought a permit to build condominiums on 19 acres (77,000 m 2) of wetlands, but his request was denied by the Army Corps of Engineers. Carabell took the issue to the courts by arguing that the federal government did not have jurisdiction.
The "polestar" of regulatory takings jurisprudence is Penn Central Transp. Co. v.New York City (1973). [3] In Penn Central, the Court denied a takings claim brought by the owner of Grand Central Terminal following refusal of the New York City Landmarks Preservation Commission to approve plans for construction of 50-story office building over Grand Central Terminal.
The New York City Water Board was established in 1905. It sets water and sewer rates for New York City sufficient to pay the costs of operating and financing the system, and collects user payments from customers for services provided by the water and wastewater utility systems of the City of New York.
January 3, 1997 1,060 acres (4.3 km 2) [8] Mountain Longleaf National Wildlife Refuge: Calhoun County: AL May 29, 2003 9,016 acres (36.49 km 2) Sauta Cave National Wildlife Refuge: Jackson County: AL 1978 264 acres (1.07 km 2) Watercress Darter National Wildlife Refuge: Jefferson County: AL 1980 24 acres (0.097 km 2) Wheeler National Wildlife ...