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reduce the Corps' flexibility in processing section 404 permit
applications and to make it more difficult and costly for real
estate developers to obtain permits. The MOA was originally to
take effect on December 15, 1989, but the effective date was
postponed to February 7, 1990. An application for a section 404
permit that was filed in 1989 would not have been subject to the
MOA.
Lakewood first filed an application for a section 404 permit
for the Elbow Lake property on January 28, 1991, pursuant to the
terms of the 1989 Manual. The permit application proposed a
residential subdivision consisting of 433 lots of which 321 lots
were to be situated on wetlands as defined in the 1989 Manual.
Lakewood's application did not contain the required information
for the Corps to process the application, such as a map of the
precise boundaries on the wetlands on the property. The Corps
was unable to process the application and requested additional
information from Lakewood in two letters on April 29 and June 24,
1991. In a August 16, 1991, letter, the Corps notified Lakewood
of its intent to withdraw administratively Lakewood's
application in 30 days if Lakewood did not respond to the Corps'
previous requests for information. Thereafter, on September 15,
1991, the Corps administratively withdrew Lakewood's permit
application. Lakewood decided not to pursue the application
because it had been advised by wetland experts that it would be
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