DEPARTMENT OF THE ARMY US ARMY CORPS OF ENGINEERS NORFOLK DISTRICT FORT NORFOLK 803 FRONT STREET NORFOLK VA 23510-1011 February 4, 2025 PRELIMINARY JURISDICTIONAL DETERMINATION Northern Virginia Regulatory Section NA0-2023-00109 (York River) Mr. Eric Rosser 15031 Fox Branch Lane Midlothian, Virginia 23112 Dear Mr. Rosser: This letter is in regard to the request submitted on your behalf by MSA, P.C. for a preliminary jurisdictional determination of the aquatic resources (e.g., wetlands, streams, and ponds) within an approximate 1.7-acre parcel located south of Jenkins Neck Road, and east of Clements Lane in Gloucester County, Virginia (Tax Map Parcel #53-217). An on-site delineation of aquatic resources conducted by MSA, P.C., has identified approximately 0.97 acres of nontidal wetlands and 0.24 acres of tidal waters within the parcel boundaries. The attached map entitled "Revised Wetland Delineation Exhibit = Jurisdictional Determination - Rosser Property Parcel 53-217" prepared by MSA, P.C., dated December 3, 2024, and stamped as received by the Corps on December 3, 2024, depicts the approximate location and extent of aquatic resources identified within the defined study area. This letter is not confirming the Cowardin classifications of these aquatic resources. These aquatic resources exhibit wetland criteria as defined in the 1987 Corps of Engineers Wetland Delineation Manual and the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Atlantic and Gulf Coastal Plain Region. Please be aware that you may be required to obtain a Corps permit for any discharge of dredged and/or fill material, either temporary or permanent, into a water of the U.S. In addition, you may be required to obtain a Corps permit for certain activities occurring within, under, or over a navigable water of the U.S. subject to the Section 10 of the Rivers and Harbors Act. Furthermore, you may be required to obtain state and local authorizations, 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 is a preliminary jurisdictional determination and is not a legally binding determination regarding whether Corps jurisdiction applies to the aquatic resources in question. To determine Corps' jurisdiction, you may request and obtain an approved jurisdictional determination. This delineation of aquatic resources can be relied upon for no more than five years from the date of this letter. New information may warrant revision. Enclosed is a copy of the "Preliminary Jurisdictional Determination Form". Please review the document, sign, and return one copy to me either via email keth.r.goodwin@usace.army.mi, or via standard mail to U.S. Army Corps of Engineers, Regulatory Office, and ATTN: Keith Goodwin, 803 Front Street Norfolk, Virginia 23510. Ifyou have any questions, please contact me at (757) 613-5431 or via email at aygowduseamym. Sincerely, KKk R / Keith R. Goodwin Environmental Scientist Northern Virginia Regulatory Section Enclosures: Delineation Exhibit Preliminary Jurisdictional Determination Form Cc: Virginia Department of Environmental Quality Gloucester County MSA, P.C. Project Limits +/- 1.7 Acres Maryus 1S (11) 06) Perrin. Red N k Cem * Greene Graye, m 6 enidy 56 ight Point a / VE s istand a AEuen OB > g SSSAASANIST 1,000 2,000 4,000 6,000 Achilles, VA Quadrangle Feet Exact date of recent aerial unknown USGS TOPOGRAPHIC VICINITY EXHIBIT MSA S 17 JOINT PERMIT APPLICATION ENGINEERS I SCIENTISTS 1 SURVEYORS ROSSER PROPERTY PARCEL 53-217 5032 ROUSE DRIVE, SUITE 200, VIRGINIA! BEACH 757-490-9264 MSAONUINE.COM JENKINS NECK ROAD, HAYES, GLOUCESTER COUNTY, VIRGINIA MSA JOB # DATE: SCALE: 24169 1/24/2025 GRAPHIC Project Limits +/- 1.7 Acres U.S. Army Corps ofEngineers Norfolk District 50-Foot RPA Regulatory Branch 100-Foot RPA Recelved: December: 3, 2024 Beach above MHW Marine Wetlands 0.241 Acres M IN PSS Wetlands 0.971 Acres Uplands 0.429 Acres total - C : 6 Beurse: Esrl, Mawar, Eartstar Goegnplies, and! tho 019 Useconuny 50 100 200 300 Achilles, VA Quadrangle Feet Exact date of recent aerial unknown REVISED WETLAND DELINEATION EXHIBIT MSA N. JURISDICTIONAL DETERMINATION ENGINEERS I SCIENTISTS - : SURVEYORS ROSSER PROPERTY PARCEL 53-217 5032 ROUSE DRIVE, SUITE 200, VIRGINIAE BEACH 757-490-9264 MSAONLINE.COM JENKINS NECK ROAD, HAYES, GLOUCESTER COUNTY, VIRGINIA MSA JOB# DATE: SCALE: 24169 12/3/2024 GRAPHIC Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM 30-JUN-2024 BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 04-FEB-2025 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Applicant: Mr. Eric Rosser Agent: Brian Owen 15031 Fox Branch Lane MSA, P.C. Midlothian, Virginia 23112 5032 Rouse Drive, Suite 200 Virginia Beach, Virginia 23462 C. DISTRICT OFFICE, FILE NAME, AND NUMBER: NAO, Rosser Parcel, NAO-2023-00109 D. PROJECT LOCATION AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: Virginia CounlyPanshBorougn: Gloucester County City: Hayes Center coordinates of site (lat/long in degree decimal format): Lat.: 37.265368° Long.: -76.401726° Universal Transverse Mercator: 18 S 375711.36 m E 4125231.85 m N Name of nearest waterbody: York River E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): Office (Desk) Determination. Date: Field Determination. Date(s): August 2, 2024; December 3, 2024 TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site Number Latitude (decimal Longitudo Estimated amount Type of aquatic Geographic degrees) (decimal degrees) of aquatic resource (i.e., authority to which resource in review wetland Vs. non- the aquatic area (acrèage and wetland waters) resource "may be" IInear feet, If subject (e., applicable) Section 404 or Section 10/404) Intertidal Waters 37.264867 -76.401654 0.08 acres Waters Section 10/404 Nontidal Wetlands 37.265287 -76.401716 0.97 acres Wetland Section 404 Subtidal Waters 37.264825 -76,401636 0.16 acres Waters Section 10/404 1 1) The Corps of Engineers believes that there may bej 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 1 Districts may establish timeframes for requester to relum signed PJD forms. If the requester does not respond within the established time frame, the district may presume concurrence and no additional follow upi is necessary prior to finalizing an action, Page 1 of3 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM 30-JUN-2024 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 or no JD whatsoever, which do 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 USACE 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 PJD or reliance on no JD whatsoever; (6) accepting a permit authorization (e.g., signing a proffered individual permit) or undertaking any activity in reliance on any form of USACE permit authorization based on a PJD or no JD whatsoever 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 AJD or a PJD, the.JD will be processed as soon as practicable. Further, an AJD, 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 USACE will provide an AJD to accomplish that result, as soon as is practicable. This PJD 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: Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: Map: "Revised Wetland Delineation Exhibit = Jurisdictional Determination Rosser Property Parcel 53-217", prepared by MSA, dated December 3, 2024, and stamped as received by the Corps on December 3, 2024, depicts the approximate location and extent of aquatic resources within the defined project area. Data sheets prepared/submitted by or on behalf of the PJD requestor. x Office concurs with data sheets/delineation report. Office does not concur with data sheets/delineation report. Rationale: Data sheets prepared by the Corps: Corps navigable waters' study: U.S. Geological Survey Hydrologic Atlas: USGS NHD data. USGS 8 and 12 digit HUC maps. U.S. Geological Survey map(s). Cite scale & quad name: Achilles, Virginia district . Districts may may presume establish concurrence timeframes and for requester to retum signed PJD forms. If the requester does not respond within the no additional follow upi is necessary prior to finalizing an action, established time frame, the Page 2 of3 Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM 30-JUN-2024 Natural Resources Conservation Service Soil Survey. Citation: USDA-NCSS Digital SSURGO and STATSGO Data National wetlands inventory map(s). Cite name: USFWS Digital Wetland and Riparian Data Aerial Photographs: 2009IR, 2013IR, 2015IR, 2017IR, 2019IR, 2021, 2023 Other information (please specify): USGS Nationwide 3DEP Elevation Data IMPORTANT NOTE: The Information recorded on this form has not necessarily been verified by the USACE and should not be relied upon for later jurisdictional determinations. Kpgo D h Signature of Regulatory Staff Member Signature of Person Requesting PJD Completing PJD (REQUIRED, unless obtaining the signature is impracticable)! PJD forms, If the requester does not respond within the established tme frame, the * Districts may establish concurrence timeframes and for no requester additional to retum follow signed up is necessary prior to finalizing an action. district may presume Page 3 of3