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Regarding extra work areas, which statement below is incorrect?

Law

ScanSolve AI Answer

Step-by-step solution

3 steps
  1. Analyze the question, which asks to identify the incorrect statement regarding extra work areas in FERC Wetlands & Waterbodies regulations.

  2. Evaluate each statement

    • a) Locate all extra work areas (such as staging areas and additional spoil storage areas) at least 50 feet away from water's edge, except where the adjacent upland consists of cultivated or rotated cropland or other disturbed land. This statement describes a typical environmental setback requirement (50-foot buffer) with a common exception for already disturbed areas. This is a plausible regulatory requirement.
    • b) The size of extra work areas to the minimum needed to construct the waterbody crossing is unlimited. Environmental regulations, especially those concerning sensitive areas like wetlands and waterbodies, consistently aim to minimize disturbance. Stating that the size of extra work areas is "unlimited" directly contradicts this fundamental principle. Regulations typically require that such areas be limited to the minimum necessary. Therefore, this statement is highly likely to be incorrect.
    • c) The project sponsor shall file with the Secretary for review and written approval by the Director, site-specific justification for each extra work area with a less than 50-foot setback from the water's edge, except where the adjacent upland consists of cultivated or rotated cropland or other disturbed land. The justification must specify the conditions that will not permit a 50-foot setback and measures to ensure the waterbody is adequately protected. This statement describes a standard process for seeking approval for deviations from general rules (like the 50-foot setback). It requires justification and mitigation measures, which is a common regulatory practice. This is a plausible regulatory requirement.
  3. Identify the incorrect statement.

    Based on the analysis, statement (b) is inconsistent with typical environmental protection principles and regulatory practices, which emphasize minimizing impact. The size of extra work areas is almost always limited to the minimum necessary, not unlimited.

    The incorrect statement is b).

    b) The size of extra work areas to the minimum needed to construct the waterbody crossing is unlimited.\boxed{\text{b) The size of extra work areas to the minimum needed to construct the waterbody crossing is unlimited.}}
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