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Home My WebLink AboutWPO202200047 Correspondence 2022-11-15 (2)S�U'Fft "d Soldou" 10" a DNMY#- counpany Mr. William Thiessen Habitat for Humanity of Greater Charlottesville 967 2nd St SE Charlottesville, Virginia 22902 June 20,2022 Via Email: wthiessen@cvillehabitat.org Re: Jurisdictional Determination (#NAO-2021-0275 1) Southwood Trailer Park Sections 2A and 2B (±40 acres) Albemarle County, Virginia WSSI #31349.09 Dear Mr. Thiessen: Enclosed is a copy of the U.S. Army Corps of Engineers' (COE) Jurisdictional Determination (JD) (#NAO-2021-0275 1) confirming the wetland delineation prepared by Wedand Studies and Solutions, Inc. This JD is valid for a period of five years from the date that it was issued (June 14, 2022). Please note that this JD is only the COE verification of the wetland delineation and does not constitute authorization to impact any waters of the U.S. on the site. If you have any questions, please contact me at rshumway@wetlands.com or (703)-679-5740. Sincerely, WETT-AND STUDIES AND SOLUTIONS, INC. Rachel Shumway, IT' Environmental Technici ifer . avela,PWS2 Project Environmental Scientist Enclosure cc: Mr. Andrew Vinisky, Habitat for Humanity of Greater Charlottesville (w/enc.) LA3 1000s\31300\31349.09\Admin\05-ENVR\Delin\COE\AJD (#NAO-2021-275 1)\NAO 2021-02751 Southwood Trailer Park (Sections 2A and 2B) JD Letter.docx Weiland Professional in Training, Sociely of Weiland Scientists Certification Program, Inc. Professional Weiland Scientist #3033, Society of Weiland Scientists Certification Program, Inc.; Stormwater CombinedAdministrator #0624; Responsible Land Disturber 918498 1 5300 Wellington Branch Drive - Suite 00 Gainesville, VA 20155 R @�Oands.corn - wwww 1L i 'i — �y 4alIT Op A tA DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS NORFOLK DISTRICT FORT NORFOLK 803 FRONT STREET NORFOLKVA 23510-1011 June 14. 2022 NOTIFICATION OF APPROVED JURISDICTIONAL DETERMINATION Western Virginia Regulatory Section 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 in regard to your request for an approved jurisdictional determination for the waters of the U.S. (including wetlands) on a 40 acre parcel, located near the Southwood Trailer Park (Sections 2A and 2B, in Albemarle County, Virginia hereinafter referred to as the project area. The U.S. Army Corps of Engineers (Corps) received your request for an approved jurisdictional determination for the above referenced project area. Based upon a desktop evaluation and a site visit, the 33 CFR 329 definition of navigable waters of the United States, and the 33 CFR 328 definition of waters of the United States and federal regulation of navigable waters, the Corps determines: There are waters of the U.S. within the above -described project area, which are subject to the permit requirements of Section 404 of the Clean Water Act (33 USC 1344 and/or Section 10 of the Rivers and Harbors Act. These waters exhibit wetland criteria as defined by the 1987 Corps of Engineers Wetland Delineation Manual, and the Eastern Mountains and Piedmont Regional Supplement. This site also contains waters with an ordinary high-water mark that are part of the tributary system to Navigable Waters of the U.S. The project area contains approximately 0.04 acres of jurisdictional wetlands and 1247 linear feet of jurisdictional stream channel. Please be aware that you may be required to obtain a Corps permit for any permanent or temporary discharges of dredged and/or fill material into waters of the U.S. Furthermore, you may be required to obtain state and local authorizations, including a Virginia Water Protection Permit from DEQ, a permit from the Virginia Marine Resource Commission (VMRC), and/or from your local wetlands board. This delineation and jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of 1985, as amended. Therefore, if you or your tenant are U.S. Department of Agriculture (USDA) program participants, or -2- anticipate participation in USDA programs, you should discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work. The Norfolk District has relied on the information and data provided by the agent to make this determination. If it is determined such information and data are materially false or materially incomplete, a new determination would be necessary. ADMINISTRATIVE APPEALS NOTIFICATION This letter constitutes an approved jurisdictional determination for the above - described project area. If you object to this determination, you may request an administrative appeal under Corps regulations (33 CFR Part 331.) Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the North Atlantic Division Office at the following address: ATTN: Ms. Naomi J. Handell, Regulatory Program Manager United States Army Corps of Engineers CENAD-PD-OR Fort Hamilton Military Community 301 General Lee Avenue Brooklyn, NY 11252-6700 The Corps will determine whether the RFA is complete and meets the criteria for appeal under 33 CFR 331.5. The RFA must be received at the above address within 60 days of the RFA, and by August 14, 2022. The Corps will not accept incomplete or late RFAs. You do not need to submit an RFA if you do not object to the approved jurisdictional determination. This approved jurisdictional determination is valid for five years from the date of this notification unless new information warrants revision prior to the expiration date. If you have any questions regarding this notification, please contact me either via telephone at (434)-973-0568 or via email at Vincent. d. pero@ usace. army. m i 1. Sincerely, Vincent D. Pero Project Manager, Western Virginia Regulatory Section -3- Enclosure(s) Cc: VA DEQ N IFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND T' Oi REQUEST FOR APPEAL ppllc t Applicarnt:Habitat for Humanity of Greater File Number: NAO-2021-0751 Date: June 14, Ctt sv1Il Charlottesville — William Thiessen 2022 Attached is- See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter of permission) A PROFFERED PERMIT (Standard Permit or Letter of permission) B PERMIT DENIAL C x APPROVED JURISDICTIONAL DETERMINATION D PRELIMINARY JURISDICTIONAL DETERMINATION E SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision. Additional information may be found at httv://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPerinits/al)yeals.asl) orCorps regulations at 3 3 CFR Part 33 1. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. I SECTION 11 - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT � REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, vou mav provide additional information to clarif;v the location of information that is alreadv in the administrative record. I I POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the appeal process you may contact: Vincent D. Pero 920 Gardens Boulevard, Suite 103-B Charlottesville, Virginia 22901 If you only have questions regarding the appeal process you may also contact: Ms. Naomi L Handell Regulatory Program Manager (CENAD-PD-OR) U.S. Amy Corps of Engineers Fort Hamilton Military Community 301 General Lee Avenue Brooklyn, New York 11252-6700 Telephone number: (917) 789-4841 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You Vill be provided a 15 day notice of anv site investiizatiom and will have the opportunitv to Darticmate in all site investipations. I Date: of appellant or Telephone number: STREAM' REACP'B-1 2 H_A_ S, \66 \\Q# Bl,/ #6,�i 4V 1 135 03 �6 > #7, B_ Z 140 STREAM #11, 2 A 1 \< Z 1401 dv NOTE #9 M REBAR/ 400e\ AR _5 7 7 W� 4M Q7 / / A�: X S-4 HICKORY STRE T vo NOTE 15 < 4(Zj P/ S-5 1�4 Lii 4z3 —4-3 -45-6— �2 014 IIB \X <\ — — — — — — — — — — — — — — — — - - - - - - - STRE6V SUMMARY OF JURISDICTIONAL AND STATE WATERS RESOURCES WITHIN ID, \\\\Or 9 C 2 1 THE SOUTHWOOD TRAILER PARK SECTIONS 2A AND 2B STUDY AREA� 1&\ \ , I , —4(JB� -J' Lbltk M88 I NO`TE#15 S "12,41 C17 DRIV \\\\C34\ W V_ 40 7 A/ cl b- D\1 0 /L44 I(S)#iq I 7�1 I f EB/D� 0Q \o C -P E #6\ L33 JURISDICTIONALWOTUS AQUATIC RESOURCE COWARDIN CLASSIFICATION AREA LINEAR FEET OF STREAMBED (SQUARE FEET) (ACRE) S-1 R3 544 0.01 123 S-2 R4 1,728 0.04 265 S-3 R6 203 0.005 34 S-4 R4 6,183 0.14 814 S-5 R6 62 0.001 11 W-2 PFO 829 0.02 N/A W-3 PFO 159 0.004 N/A W-4 PFO 186 0.004 N/A W-5 PFO 634 0.01 N/A W-6 PFO 4 0.0001 N/A TOTAL JURISDICTIONAL WOTUS ON STUDY AREA 10,532 0.24 1,247 LLJ Z 0 0 V) K) 00 (7) V) U LEGEND STUDY AREA BOUNDARY PREVIOUS WSSI DELINEATION BOUNDARY (NOTE # 14) PERENNIAL STREAM (PER WSSI'S OBSERVATIONS) APPROXIMATE LIMITS OF PERENNIAL STREAM (PER WSSI OBSERVATIONS - NOT SURVEYED) NOTE #13 INTERMITTENT STREAM (PER WSSI'S OBSERVATIONS) APPROXIMATE LIMITS OF INTERMITTENT STREAM (PER WSSI OBSERVATIONS - NOT SURVEYED) NOTE #13 EPHEMERAL STREAM (PER WSSI'S OBSERVATIONS) PALUSTRINE FORESTED WETLAND NON -JURISDICTIONAL FEATURE (NOTE #10) ABLEMARLE COUNTY MAPPED STREAM BUFFER BOUNDARY FEMA MAPPED 100 YEAR FLOODPLAIN STUDY AREA PHOTOGRAPHS D6+ WETLAND FLAGGING POINTMUMBER (pink-glo) DATA POINT LOCATIONMUMBER (orange and pink-glo) D P 2 u3 (SURVEYED) RCP REINFORCED CONCRETE PIPE A TRAVERSE STATION (WSSI) FLY POINT (WSSI) COWARDIN CLASSIFICATION M 91 5 1 * These numbers are based on the surveyed and approximate locations of the delineated WOTUS and other resource R3 RIVERINE UPPER PERENNIAL boundaries within the study area boundary. R4 RIVERINE INTERMITTENT % C� R6 RIVERINE EPHEMERAL PFO PALUSTRINE FORESTED WETLAND J� M514 p9l 111216'-41 WATERS OF THE U.S. DELINEATION AND SURVEY NOTES: 10. The concrete -lined ditch located in the northeastern portion of the study area appears to 15 have been excavated in uplands for the purpose of conveying stormwater and does not meet S-4/ / I r __4 PR 1. This map has been oriented to The Virginia Coordinate System of 1983, South Zone, the definition of a tributary. Stormwater conveyance features constructed or excavated in E 1081 NT. NAD83(NA201 1) Epoch 2010.00, using a Real Time Network (RTN) GPS. Wetlands and upland or in non -jurisdictional waters to convey, treat, infiltrate, or store stormwater runoff W-4 other Waters of the U.S. (i.e., streams) flags, data points, and the monumentation shown are not considered to be "waters of the U.S." per 33 CIFIR Section 328.3 in the "Final Rule for were located in the field using RTN GPS and conventional survey methods. Accuracy of field Regulatory Programs of the Corps of Engineers" (Fed. Reg. Vol. 51, No. 219, pg. 41217, DID locations of wetlands meets or exceeds the standards set by the U. S. Army Corps of November 13, 1986). Additionally, such features are excluded from the requirements for a L 1 91� 413 (D#26 Engineers (COE) Memo CENAO-CO-R, dated September 30, 1998. Field locations were Virginia Department of Environmental Quality (DEQ) permit under the Virginia Administrative completed on February 25, 2022. Code (gVAC25-210-60 (12)). At the time of the April 2022 jurisdictional determination site visit, the COE and DEQ concurred that this ditch is not a jurisdictional water of the U.S. 2. The boundary line information shown hereon is for information purposes only and does DP/4 III,/ I / ift S4 /�K 10 / / / not constitute a boundary survey by Wetland Studies and Solutions, Inc. (WSSI). 11. Stream evaluation methods developed by the North Carolina Division of Water Quality /EB/lc)p Monumentation, including traverse stations and fly points, shown on this drawing should be (NCDWQ) and the Fairfax County Department of Public Works and Environmental Services 3 90 used to orient wetland locations to any future boundary, topographic, or location survey. (DPWES) were used in the field to distinguish between ephemeral and intermittent streams V�A 3 (based on the NCDWQ method) and between intermittent and perennial streams (based on 3. Periodic flag numbers are shown depicting the survey -located boundary of wetlands, both methods). These methods were used to characterize representative reaches of the 1k M33\ X other waters of the U.S. (i.e., streams), and other resources. Resource flags are pink-glo in streams on and Wthin 100 feet of the study area. W,3 color. Data points are flagged with orange-glo and pink-glo flagging tied together. 12. The terms "Ephemeral", "Intermittent", and "Perennial" used on this Attachment classify 4. Topography and boundary information obtained in digital format from Albemarle County and describe the flow regime character of streams, are based on WSSI's field observations, digital data was used as a base for this Attachment. and are only provided for state and local regulatory purposes. The flow regimes of streams M27\ S-4 3 are SUMMARY OF JURISDICTIONAL RESOURCES BY COWARDIN not verified by the COE; however, the geographic limits of these streams are all subject 5. This delineation was performed pursuant to the "Corps of Engineers Wetlands to COE jurisdiction, and the COE's approval of this delineation represents only the approval CLASSIFICATION* Delineation Manual," Technical Report Y-87-1 (1987 Manual) and subsequent guidance and of the geographic limits of waters of the U.S. \ STIR REEAC L + hqTy#g( M1 5\ 6/#27 (S)#20, #21 _kit\ / I 1 1 J, modification by the Regional Supplement to the Corps of Engineers Wetland Delineation Manual.- Eastern Mountains and Piedmont Region (Version 2.0) dated April 2012. 13. WSSI has delineated and surveyed the outer limits of jurisdictional areas within the study area. Some of the jurisdictional areas on the study area are composed of systems 6. Because the study area consisted primarily of existing development, transects were not containing different wetland (i.e., PFO) and stream (i.e., R3 and R4) types. The approximate established, and the study area was systematically searched for jurisdictional wetlands and limits of the different wetland and stream types within the surveyed jurisdictional areas are other waters of the U.S. depicted as a thin colored line of the associated wetland or stream type. 7. Field work was performed on February 17, 2022 by Jennifer M. Favela, PWS and Tom 14. The boundaries of jurisdictional wetlands and other waters of the U.S. within the Balinger. northwestern portion of the Southwood Trailer Park Sections 2A and 2B study area were H�%* � I I _J I I previously delineated and surveyed by WSSI, as described in the October 12, 2021 report iolloll� These numbers are based on the surveyed and approximate locations of the 8. This water of the U.S. (i.e., stream or wetland) originates outside of the study area, entitied'Waters of the U.S. (including Wetlands) Delineation, Southwood Trailer Park (±2.5 RP \8 J,/ delineated WOTUS boundaries within the study area boundary. upslope. acres)". The COE issued a preliminary jurisdictional determination (JD) verifying the delineated boundaries of these waters of the U.S. (JD #NAO-2021-02751) on January 19, 8 (3, — 9. This water of the U.S. (i.e., stream or wetland) or other resource continues outside of the 2022 which is currently valid. —H 2 study area, downslope. 6P 6 15. This Attachment has been revised per the April 19, 2022 site visit with the COE and G-28-& it DEQ. Based on this visit, features W-11 and SW1 have been removed from this map. GRAPHIC SCALE FcMA 100 0 50 100 200 400 IN, 19 -G15 G22 IN FEET 6' _P 1 inch 100 ft. ZZ TREAM CH D-1 NOTE#9 X/ COWARDIN CLASSIFICATION AREA LINEARFEETOF STREAMBED (SQUARE FEET) (ACRE) R3 544 0.01 123 PFO 1,812 0.04 N/A R4 7,911 0.18 1,079 R6 265 0.01 TOTAL 10,532 1 0.24 E 0 us 'U r 4 4,1 Ln .V co 0 P� ki > cod > U �20 M111111 unions U Z W > W 0 4) Z Horizontal Datum: VCS NAD 83 Vertical Datum: NAVD88 Boundary and Topo Source: Albemarle County Digital Data Design Draft Approved EJC JW BNR Sheet # I Of I Computer File Name: L"IOWMI�MM9W�M�� h� TmIer P� �tn � 5 17 U,dn