UPDATE: The United States Army Corp of Engineers have recently ruled that the majority of the wetlands on site are not considered jurisdictional--ie the developer no longer needs a 404 permit. The updated jurisdictional ruling is to the left, with the original public notice below it. While no longer a part of the permitting process, the public notice provides a great deal of information regarding the scope of the delineated wetlands and the estimated impacts of development upon them. 

In order for the developer to continue the process of altering the land for commercial and residential purposes, the United States Army Corp of Engineers (USACE) have to issue a 404 permit of the Clean Water Act.  Approval of this permit allows the developer to fill in the wetlands and stream that is on the property. 

Section 404 of the Clean Water Act (CWA) establishes a program to regulate the discharge of dredged or fill material into waters of the United States, including wetlands. Activities in waters of the United States regulated under this program include fill for development, water resource projects (such as dams and levees), infrastructure development (such as highways and airports) and mining projects. The basic premise of the program is that no discharge of dredged or fill material may be permitted if: (1) a practicable alternative exists that is less damaging to the aquatic environment or (2) the nation’s waters would be significantly degraded. In other words, when you apply for a permit, you must first show that steps have been taken to avoid impacts to wetlands, streams and other aquatic resources; that potential impacts have been minimized; and that compensation will be provided for all remaining unavoidable impacts. 

A detailed break down of the USACE's permitting process can be found here. 

The USACE issued the public notice on April 25, 2024 which was open until May 16, 2024. As part of this public notice, the USACE surveyed the water ways and wetlands on site. They found that there is 12.6 acres of delineated wetlands on the 177 acre complex. The initial plan provided by the developer (featured on the left) has been modified. The new plan has removed a road that crossed the stream and reduced impacted wetlands by ~2 acres. This alteration seems to be at the urging of the USACE for approval of the 404 permit. 

However, the developer is still attempting to fill and grade roughly 65 acres of floodplain and impact ~3 acres of wetlands and over an acre of stream corridor.