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What if the extent of the common plan of development or sale is contingent on future activities?

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What if the extent of the common plan of development or sale is contingent on future activities?

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ADEQ recognizes that there are situations where you will not know up front exactly how many acres will be disturbed, or whether some activities will even occur with certainty. If you are not sure exactly how many acres will be disturbed, you should make the best estimate possible and may wish to overestimate to ensure you do not run into the situation where you should have a permit, but don’t. For example, if you originally estimated less that five acres would actually be disturbed and took advantage of the Rainfall Erosivity Factor waiver, but you actually disturbed 5.5 acres, you would lose your waiver and would have to go through the permit process mid-stream. This could result in delays in obtaining CGP authorization and costs associated with contract changes to implement CGP requirements – in addition to being liable for penalties associated with enforcement action due to any unpermitted discharges.

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