Summary
Under current rule language, one of the thresholds for a general permit is that activity in, on or over wetlands and other surface waters must be limited to one acre or less. Excluded from the calculation of this one-acre threshold for general permits are upland-cut ditches and any wholly owned isolated wetland or other surface water that is less than one-half acre in size and for which mitigation is not required. Under Section 3.2.2.2 of the District’s Environmental Resource Permitting Information Manual Part B, Basis of Review, alterations to wholly owned ponds constructed entirely in uplands and less than one acre in size do not require mitigation to offset any adverse impacts to fish and wildlife. Accordingly, the proposed amendment will make these two provisions consistent and will increase the size for excluding activities in wholly owned ponds that are constructed entirely in uplands from one-half acre to up to one acre, as impacts to such ponds up to one acre in size do not require mitigation for adverse impacts to fish and wildlife. The result will be that activities which previously may have been excluded from qualifying as a general permit due to the fact that the project involved an upland-constructed pond larger than one-half acre but less than one acre will now be able to qualify for a general permit, which has a lower application fee than an individual permit.