It is the year 2024. BuildCo is planning to develop 20 acres of land, known as Simmons Woods, into prime residential real estate. Doing so will require first dredging and filling the land because Simmons Woods is currently subject to periodic flooding from a nearby, seasonal creek. Five miles past Simmons Wood, this creek, commonly referred to as Devil's Gulch, flows into the Ohio River. The local watershed is subject to a TMDL for sediment (total suspended solids). Which of the following statements offers the most accurate legal advice you could give to BuildCo? D. BuildCo will need a permit because their planned dredge-and-fill operations will produce more than incidental fallback. A. No permit is required because there is no permanent surface connection between Simmons Woods and the Ohio River. B. BuildCo will need a permit because of the significant hydrologic nexus between Simmons Woods and the Oh