HomeMy WebLinkAboutWPO202200047 Correspondence 2022-11-15-�-----(�W�edand
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January 24, 2022
Via email: wthiessen@cvillehabitat.org
Mr. William Thiessen
Habitat for Humanity of Greater Charlottesville
967 2nd Street SE
Charlottesville, VA 22902
Re: Preliminary Jurisdictional Determination (4NAO 2021-0275 1)
Southwood Trailer Park
Albemarle County, Virginia
WSSI 431349.07
Dear Mr. Thiessen:
Enclosed is a copy of the U.S. Army Corps of Engineers' Preliminary Jurisdictional
Determination QD) QD# NAO 2021-02751) confirming the Welland delineation prepared by
Welland Studies and Solutions, Inc. This JD is valid for a period of five years from the date that
it was issued (January 19, 2022).
Please note that this preliminary JD is only the U.S. Army Corps of Engineers
verification that there may be wetlands and waters of the U.S. on the Southwood Trailer Park
study area and does not constitute authorization to impact any waters of the U.S. on the study
area.
If you have any questions, please contact me at aoehser@wetiands.com or at 703-679-
5724.
Sincerely,
WETLAND STUDIES AND SOLUTIONS, INC.
Anna Oehser
Project Environmental Scientist
Enclosures
LA3 1000s\31300\31349.07�Admin\05-ENVR\PJD\313497.01—PJDlener-Digital,dmx
5300 Wellington Branch Drive - Suite 00 - Gainesville, VA 20155 - Phone 703.679.5600 Fax
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Western Virginia Regulatory Section
DEPARTMENT OF THE ARMY
US ARMY CORPS OF ENGINEERS
NORFOLK DISTRICT
FORT NORFOLK
803 FRONT STREET
NORFOLKVA 23510-1011
January 19, 2022
NAO 2021-02751 (Southwood)
Habitat for Humanity of Greater Charlottesville
Attn: William Thiessen
967 2nd Street SE
Charlottesville, Virginia 22902
Dear Mr. Thiessen:
This letter is regarding your request for a preliminary jurisdictional determination for waters of the
U.S. (including wetlands) located near the Southwood Trailer Park, near Old Lynchburg Road,
Albemarle County, Virginia.
The map (attached) shows the location of waters of the U.S. on the property listed above. The
basis for this delineation includes application of the Corps' 1987 Wetland Delineation Manual and
Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Eastern Mountains and
Piedmont Region and the positive indicators of wetland hydrology, hydric soils, and hydrophytic
vegetation and the presence of an ordinary high-water mark.
The Norfolk District has relied on the information and data provided by the applicant or agent. If
such information and data subsequently prove to be materially false or materially incomplete, this
verification may be suspended or revoked, in whole or in part, and/or the Government may institute
appropriate legal proceedings.
Discharges of dredged or fill material, including those associated with mechanized landclearing,
into waters and/or wetlands on this site may require a Department of the Army permit and
authorization by state and local authorities including a Virginia Water Protection Permit from the
Virginia Department of Environmental Quality (DEQ), a permit from the Virginia Marine Resources
Commission (VMRC) and/or a permit from your local wetlands board. This letter is a confirmation of
the Corps preliminary jurisdiction for the waters and/or wetlands on the subject property and does not
authorize any work in these areas. Please obtain all required permits before starting work in the
delineated waters/wetland areas.
This is a preliminary jurisdictional determination and is therefore not a legally binding
determination regarding whether Corps jurisdiction applies to the waters or wetlands in question.
Accordingly, you may either consent to jurisdiction as set out in this preliminary jurisdictional
determination and the attachments hereto if you agree with the determination, or you may request
and obtain an approved jurisdictional determination. This preliminary jurisdictional determination and
associated wetland delineation map may be submitted with a permit application.
Enclosed is a copy of the "Preliminary Jurisdictional Determination Form". Please review the
document, sign it and return one copy to the Corps, within 30 days of receipt and keep one for your
records. This delineation of waters and/or wetlands is valid for a period of five years from the date of
this letter unless new information warrants revision prior to the expiration date.
If you have any questions, please contact me at 434.973.0568 or Vincent.d.pero@usace.army.mil.
Sincerely,
Vincent D. Pero
Western Virginia Regulatory Section
Enclosures:
Wetland/Waters Delineation Map
Preliminary Jurisdictional Determination Form
WATERS OF THE U.S. DELINEATION AND SURVEY NOTES:
1. This map has been oriented to The Virginia Coordinate System of 1983, South Zone, NAD83(NA201 1) Epoch 2010.00, using a
Real Time Network (RTN) GPS. Wetlands and other Waters of the U.S. (WOTUS) (i.e., streams) flags, data points, and the
monumentation shown were located in the field using conventional survey methods. Accuracy of field locations of wetlands meets or
4-, exceeds the standards set by the U. S. Army Corps of Engineers (COE) Memo CENAO-CO-R, dated September 30, 1998. Field
locations were completed on September 24, 2021.
2. The boundary line information shown hereon is for information purposes only and does not constitute a boundary survey by
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Z Welland Studies and Solutions, Inc. (WSSI). Monumentation, including traverse stations and fly points, shown on this drawing should
be used to orient wetland locations to any future boundary, topographic, or location survey.
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3. Periodic flag numbers are shown depicting the survey -located boundary of WOTUS (i.e., streams). WOTUS flags are pink-glo in
0 color. Data points are flagged with orange-glo and pink-glo flagging tied together.
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00 4. Topography and boundary information obtained in digital format from Albemarle County digital data was used as a base for this
0) achment.
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U 5. This delineation was performed pursuant to the "Corps of Engineers Wetlands Delineation Manual," Technical Report Y-87-1
43 >
432 - - - - - - - - - -
(11987 Manual) and subsequent guidance and modification by the Regional Supplement to the Corps of Engineers Wetland
------- Delineation Manual: Eastern Mountains and Piedmont Region (Version 2.0) dated April 2012.
1� -::- - - - 11 -4-24'
- - - - - - - - - - 6. The Routine On -Site Wetland Determination Method for study areas less than 5 acres was used.
- - - 428 - - - - - - -
Z
-432 - - - - - - - - - - 7. Field work was performed on September 13, 2021 by Anna Oehser and Ezra Lapidus, WPIT.
----436 - - - - - -
/-440--- NORTHERN -STUDY 8. This WOTUS (i.e., stream) continues outside of the study area, downslope.
'AREA-130-UNDAR)� - - - - - -
0 , I - 9. In WSSI's opinion, the stormwater ditch in the southern portion of the northern study area boundary (E-1) is an erosional feature
A&A -1 - -_
that conveys stormwater from surrounding uplands and development. This ditch lacks a continuous defined bed and bank and
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-water mark, and thus is not a jurisdictional wetland or other WOTUS (subject to COE concurrence). Non -tidal drainage
ordinary high
452-- - ditches created in uplands to convey stormwater are not generally considered to be waters of the U.S. per the commentary for 33
Sol CIFIR Section 328.3, in the "Final Rule for Regulatory Programs of the Corps of Engineers" (Fed. Reg. Vol. 51, No. 219, pg. 41217,
November 13, 1986). However, either the COE or the U.S. Environmental Protection Agency may determine, on a case -by -case
4
basis, that such features are jurisdictional waters of the U.S. At the time of the December 2021 jurisdictional determination site visit,
the COE to concurred that this erosional feature is not a jurisdictional water of the U.S. Additionally, such features are excluded from
state jurisdiction under 9VAC25-210-60 (12).
Z 10. Stream evaluation methods developed by the North Carolina Division of Water Quality (NCDWQ) and the Fairfax County
12/ Department of Public Works and Environmental Services (DPWES) were used in the field to distinguish between ephemeral and
4 intermittent streams (based on the NCDWQ method) and between intermittent and perennial streams (based on both methods).
These methods were used to characterize representative reaches of the streams on the study areas.
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> ]�,i I V tD, (N 11. The terms "Ephemeral" and "Intermittent" used on this Attachment classify and describe the flow regime character of streams,
X REBAR are based on WSSI's field observations, and are only provided for state and local regulatory purposes. The flow regimes of streams
are not verified by the COE; however, the geographic limits of these streams are all subject to COE jurisdiction, and the COE's
of this delineation represents onlythe approval of the geographic limits of waters of the U.S.
Z 12. Per COE request via email on January 6 and 11, 2022, the following changes were made to this Attachment:
cl� 4NLE rvl_ AR S-3 was removed;
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0,9) Aquatic Resource table was updated to reflect the removal of S-3 and update E-1 area to include the former S-3 area;
r 7 Note #9 was updated to reflect COE concurrence of E-11; and
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Reference to "Exclusion" in the Aquatic Resource table has been removed and replaced with "Drainage Channel".
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LEGEND
STUDY AREA BOUNDARY
INTERMITTENT STREAM (PER WSSI'S OBSERVATIONS)
EPHEMERAL STREAM (PER WSSI'S OBSERVATIONS)
NON -JURISDICTIONAL FEATURE (NOTE #9)
STUDY AREA PHOTOGRAPHS
C6
WETLAND FLAGGING POINTINUMBER (pink-glo)
DP1 fl�
DATA POINT LOCATIONMUMBER (orange and pink-glo)
(SURVEYED)
RCP
REINFORCED CONCRETE PIPE
PVC
POLYVINYL CHLORIDE PIPE
FLY POINT WSSI)
C)
EXISTING SANITARY MANHOLE
EXISTING STORM MANHOLE
COWARDIN CLASSIFICATION
R4 RIVERINE INTERMITTENT
R6 RIVERINE EPHEMERAL
SUMMARY OF JURISDICTIONAL AND OTHER RESOURCES WITHIN THE
SOUTHWOOD TRAILER PARK STUDY AREA*
JURISDICTIONAL WOTUS
AQUATIC RESOURCE
COWARDIN CLASSIFICATION
AREA
LINEAR FEETOF
STREAMBED
(SQUARE FEET)
(ACRE)
S-1
R4
2,542
0.058
371
S-2
R6
62
0.001
11
TOTAL JURISDICTIONAL WOTUS ON STUDY AREA
1 2,604
0.060
1 381
DRAINAGE CHANNEL
E-1
R6
1,490
0.034
269
TOTAL DRAINAGE CHANNEL ON STUDY AREA
1,490
0.034
7Aq
* These numbers are based on the surveyed locations of the delineated WOTUS and other resource boundaries within
the study area boundary.
GRAPHIC SCALE
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Horizontal Datum: VCS NAD 83
Vertical Datum: NAVD88
Boundary and Topo Source:
Albemarle County Digital Data
Design
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Approved
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BNR
Sheet #
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( IN FEET )
1 inch = 100 ft.
Computer File Name:
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Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: January 19, 2022
B. NAME AND ADDRESS OF PERSON REQUESTING PJD:
Anna Oesher, WSSI, Gainesville, VA
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
Norfolk District, Soouthwood Trailer Park, JD, 2021-02751
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR
AQUATIC RESOURCES AT DIFFERENT SITES)
State: Virginia County/parish/borough: city: Madison Heights
Center coordinates of site (lat/long in degree decimal format): 37.998, -78.525
Lat.: xx.xxxo Long.: yy.yyyo
Universal Transverse Mercator:
Name of nearest waterbody: Morey Creek
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
F.—/]Office (Desk) Determination. Date: January 19, 2022
1-1 Field Determination. Date(s):
TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY
JURISDICTION.
Site
number
Latitude
(decimal
degrees)
Longitude
(decimal
degrees)
Estimated amount
of aquatic resource
in review area
(acreage and linear
feet, if applicable)
Type of aquatic
resource (i.e., wetland
vs. non -wetland
waters)
Geographic authority
to which the aquatic
resource "may be"
subject (i.e., Section
404 or Section 10/404)
381 L.F.
Streams
404
1) The Corps of Engineers believes that there may be jurisdictional aquatic resources in
the review area, and the requestor of this PJD is hereby advised of his or her option
to request and obtain an approved JD (AJD) for that review area based on an
informed decision after having discussed the various types of JDs and their
characteristics and circumstances when they may be appropriate.
2) In any circumstance where a permit applicant obtains an individual permit, or a
Nationwide General Permit (NWP) or other general permit verification requiring "pre -
construction notification" (PCN), or requests verification for a non -reporting NWP or
other general permit, and the permit applicant has not requested an AJD for the
activity, the permit applicant is hereby made aware that: (1) the permit applicant has
elected to seek a permit authorization based on a PJD, which does not make an
official determination of jurisdictional aquatic resources; (2) the applicant has the
option to request an AJD before accepting the terms and conditions of the permit
authorization, and that basing a permit authorization on an AJD could possibly result
in less compensatory mitigation being required or different special conditions; (3) the
applicant has the right to request an individual permit rather than accepting the terms
and conditions of the NWP or other general permit authorization; (4) the applicant can
accept a permit authorization and thereby agree to comply with all the terms and
conditions of that permit, including whatever mitigation requirements the Corps has
determined to be necessary; (5) undertaking any activity in reliance upon the subject
permit authorization without requesting an AJD constitutes the applicant's acceptance
of the use of the PJID; (6) accepting a permit authorization (e.g., signing a proffered
individual permit) or undertaking any activity in reliance on any form of Corps permit
authorization based on a PJD constitutes agreement that all aquatic resources in the
review area affected in any Way by that activity will be treated as jurisdictional, and
waives any challenge to such jurisdiction in any administrative or judicial compliance
or enforcement action, or in any administrative appeal or in any Federal court; and (7)
whether the applicant elects to use either an AJID or a PJID, the JD will be processed
as soon as practicable. Further, an AJID, a proffered individual permit (and all terms
and conditions contained therein), or individual permit denial can be administratively
appealed pursuant to 33 C.F.R. Part 331. If, during an administrative appeal, it
becomes appropriate to make an official determination whether geographic
jurisdiction exists over aquatic resources in the review area, or to provide an official
delineation of jurisdictional aquatic resources in the review area, the Corps will
provide an AJID to accomplish that result, as soon as is practicable. This PJID finds
that there "may be" waters of the U.S. and/or that there "may be" navigable waters of
the U.S. on the subject review area, and identifies all aquatic features in the review
area that could be affected by the proposed activity, based on the following
information:
SUPPORTING DATA. Data reviewed for PJD (check all that apply)
Checked items should be included in subject file. Appropriately reference sources
below where indicated for all checked items:
F,—/]Maps, plans, plots or plat submitted by or on behalf of the PJD requestor:
Map: WSSI
F-1 Data sheets prepared/submifted by or on behalf of the PJD requester.
'r 710ffice concurs with data sheets/delineation report.
nOffice does not concur with data sheets/delineation report. Rationale:
F]Data sheets prepared by the Corps:
ECorps navigable waters' study:
U.S. Geological Survey Hydrologic Atlas:
IUSGS NHD data.
7USGS 8 and 12 digit HUC maps.
U.S. Geological Survey map(s). Cite scale & quad name: Alberene
ElNatural Resources Conservation Service Soil Survey. Citation: Albemarle..County
F17INational wetlands inventory map(s). Cite name: Albemarle County
F-1 State/local wetland inventory map(s):
FEMA/FIRM maps:
1 00-year Floodplain Elevation is: _. (National Geodetic Vertical Datum of 1929)
Photographs: Aerial (Name & Date):
or H Other (Name & Date):
F-1 Previous determination (s). File no. and date of response letter:
F-1 Other information (please specify):
determinations.
PEROMINCENTIDigitally signed by
PEROMINCENT.D. 1270778255
.D.1270778255 Dte: 2022.01.11 10:37:41 -05'00'
Signature and date of
Regulatory staff member
completing PJD
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
'Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.