ACOE Jurisdictional Determination Sample Clauses

ACOE Jurisdictional Determination. Prior to the City’s approval of any Implementing Project, or an off-site development project, that proposes or is deemed to discharge water into the Lakepointe Urban Village’s existing pond area, or at the time of any further revision of the Reclamation Permit, the Master Developer shall obtain a preliminary jurisdictional determination from the United States Army Corps of Engineers (“ACOE”) regarding whether the pond within the Lakepointe Urban Village is regulated by the ACOE under the Clean Water Act. Should the ACOE determination assert jurisdiction over the existing pond within the Lakepointe Urban Village, the Master Developer shall submit to the ACOE an application for a Section 404 permit for the grading of the central pond feature of the Lakepointe Urban Village as contemplated in the Subarea Plan and MDP. The Master Developer consulted with the ACOE, which provided a Jurisdictional Determination in a letter dated June 8, 2017 (Reference NWS- 2016-951) that the waterfilled depressions located within the Gravel Pit Boundary are not waters of the U.S. That determination is valid for 5 years, unless new information warrants revisions of the determination. Xxxxxxx Creek and the associated wetlands were not part of that Jurisdictional Determination. In the event a new determination is required, the Master Developer will be required to obtain such new determination Should a new ACOE determination assert jurisdiction over the existing pond within the Lakepointe Urban Village, the Master Developer shall submit to the ACOE an application for a Section 404 permit for the grading of the central pond feature of the Lakepoint Urban Village as contemplated in the Subarea Plan and MDP.
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Related to ACOE Jurisdictional Determination

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