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Home My WebLink AboutWPO202200047 Correspondence 2022-11-15 (3)J"'•-- Wetland S/odip and Soluuous. 10" a DA1EY#- company Mr. Andrew Vinisky Habitat for Humanity of Greater Charlottesville 967 2nd Street SE Charlottesville, Virginia 22902 November 9, 2022 Via Email: avinisky@cvillehabitat.org Re: Jurisdictional Determination (#NAO-2021-02751) Southwood Trailer Park Remainder Albemarle County, Virginia WSSI #31349.14 Dear Mr. Vinisky: Enclosed is a copy of the U.S. Army Corps of Engineers' (COE) Jurisdictional Determination (JD) (#NAO-2021-02751) confirming the wetland delineation prepared by Wetland Studies and Solutions, Inc. This JD is valid for a period of five years from the date that it was issued (November 7, 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 jfavela@wetlands.com or (703) 679-5600. Sincerely, WETLAND STUDIES AND SOLUTIONS, INC. Ldm� "V'x&- Jennifer M. Favela, PWS, PWD1 Senior Environmental Scientist Enclosure cc: Mr. William Thiessen, Habitat for Humanity of Greater Charlottesville (w/enc.) Mr. Patrick Hill, Dewberry (w/enc.) L:\31000s\31300\31349.14\Admin\05-ENVR\Delineation\COE\AJD (NAO-2021-02751)\1-JD Letter.docx Professional Wetland Scientist #3033, Society of Wetland Scientists Certification Program, Inc.; Stormwater Combined Administrator #0624; Responsible Land Disturber #18498; Virginia Certified Professional Wetland Delineator #3402-000181 5300 Wellington Branch Drive • Suite 00 • Gainesville, VA 20155 • Phone 703.679.5600 • Fax 3. 9.5601 jfrvel well ds.com • www.wedands.com ¢41�ExT OF a�A a¢ , w y 9 PgTfS �� DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS NORFOLK DISTRICT FORT NORFOLK 803 FRONT STREET NORFOLK VA 23510-1011 November 7. 2022 NOTIFICATION OF APPROVED JURISDICTIONAL DETERMINATION NAO 2021-02751 (Southwood -Remainder) Habitat for Humanity of Greater Charlottesville Attn: William Thiessen 967 2"d Street SE Charlottesville, Virginia 22902 Dear Mr. Thiessan This letter is in regard to your request for an approved jurisdictional determination for the waters of the U.S. (including wetlands) at the Southwood Trailer Park, on a 86 acre parcel, located near Old Lynchburg Road, Albemarle County, Virginia. On August 16, 2022, 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, 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 1.26 acres of jurisdictional non -tidal wetlands and 4,811 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 anticipate participation in USDA programs, you should discuss the applicability of a -2- 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 January 7, 2023. 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.mil. Sincerely, Vincent D. Pero Project Manager, Western Virginia Regulatory Section Enclosure(s) -3- Cc: VA DEQ -:w mwsu Iwaw aRa. wwlowennu lace. is a I vlclnn .nua Nl ort°d� - b a °o1+sF 8 > A +Va RC p cHickory PL^o q C wanes+a c ,Fi p`and a i o'o 0.`e9e Re w I "1 0.tr b s'na p w� ° _ yma_s �Ma, Ma<nanl Wal Pin4 y A s,a6 _ � Wa9mana Way 2 a0.e i �e Ln ° Wanoo p°r" a°°`� A Vnlafdo °6q z 4 +6LP Pona C, yC' a cas s coon —lm bd sr ,Rse p°o °M Re Q Oy °Lq agyn,e Oak XIII GdamMgp' - p O 9°ulnaMa` G. amb�ane e blurt P^ :a d , .. +a tee` ,F110 OQ oq Qe add` y+n 51 reix ? r y` ,a y P D° '° MaPd CI °<, A qy .Rd 1 �n slv C"c dW4 °'ama LOo °o - m MTd° eF snap <b++ o ee o a , t �egeap e _ S e O w S f< +fa Ud neQ O` ^+9reF >ma e fal ydea'I' � by YYa/ Sub rTn on �tPa Albenrade County VA Study Area Vicinity Map Southwood Trailer Park - Remainder WSSI #31349.14 Source: World Street Map - ESRI Wetland Studies and Solutions, Inc. a DAVEYI. company NORTH 0 2,000 Feet Original Scale 1"=2MO Exhibit 1 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant: Habitat for Humanity of Greater File Number: NAO-2021-02751 Date: November 7, Charlottesville — William Thiessen 2022 Attached is: See Section below INITIAL PROFFERED PERMIT (Standard Permit or Letter ofpermission) A PROFFERED PERMIT Standard Permit or Letter ofpermission) 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 http://www.usace.gmy.mil/Missions/CivilWorks/Re ug latoryProgramandPermits/appeals.asp or Corps regulations at 33 CFR Part 331. 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 II 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 II 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 II 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 II 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. SECTION II - 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, you may provide additional information to clarify the location of information that is alreadv in the administrative record. 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 J. Handell Regulatory Program Manager (CENAD-PD-OR) U.S. Army 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 will be provided a 15 day notice of any site investigation, and will have the opportunitv to participate in all site investigations. Date: of appellant or Telephone number: