20150673 Ver 1_Emails_20150707

From: Brian Owen <bhan.owen@msaon|ine.com>
Sent: Tuesday, July U7'ZUl5lU:l8AK4
To: 8urdette, Jennifer a
Subject: Re: Pending development and wetland permit request
Attachments: Corps-Confirmation-Moyock-Dev.pdf
The Corps has issued J[)onthe . However, ldo not think they have specified that the
wetlands are connected or isolated. l believe they are connected via adjoining ditches.
Brian Owen
Environmental/Wetland Scientist
K��� ��� �'—'` ' '–'
5O33 Rouse Drive, Virginia Beach, VA. 23462
[)fficc: 757-490-9204
Veteirain Owned SimallIll 11131USIliness
Environmental Sciences e Planning *Surveying
Civil & Environmental Engineering e Landscape Architecture
On Mon, Jul 6, 2015 at 3:30 PM, � Jennifer u<]cnnifer. Burdetteamcdenr. �4nv>vvrntc:
MM
You may have told me over the phone, but has the USACE provided a jurisdictional determination confirming that the
wetlands are isolated?
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iennifer.burdette @ncdenr.Rov
*Email correspondence to and from this address may be subject to the North Carolina Public Records Low and may be disclosed to
third parties unless the content is exempt by statute or other regulation. *
From: Brian Owen [ mailto :brian.owenCabmsaonline.comI
Sent: Tuesday, June 30, 2015 1:58 PM
To: Burdette, Jennifer a
Cc: John Napolitano
Subject: Pending development and wetland permit request
Greetings Ms. Burdette,
Thanks for discussing the pending Moyock Development project. Attached are several maps, including a
vicinity map, the wetland delineation map, and the proposed site plan. This site is in Currituck County just
south of the Virginia state line. Current site plan is for a 62 -lot subdivision and requests 0.8 -acres of wetland
impacts to facilitate this construction.
Feel free to forward as needed. Please contact me once reviewed to discuss. I welcome your input before we
enter the formal permitting process.
Thanks
Brian Owen
Environmental/Wetland Scientist
MSA, P.C.
5033 Rouse Drive, Virginia Beach, VA. 23462
Office: 757- 490 -9264

brian.owena,nasaonline.com
t it in Owned Small 1113LISIliness
Environmental Sciences • Planning • Surveying
Civil & Environmental Engineering • Landscape Architecture

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW- 2015 -00934 County: Currituck U.S.G.S. Quad: VA- MOYOCK
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner: Nanolitano Homes
John Nanolitano
Address: 1492 South Indenendence Blvd. Suite 101
Virginia Beach, VA, 23462
Telephone Number: (757) 435 -6936
Size (acres) 62.5
Nearest Waterway Northwest River
USGS HUC 03010205
Location description: parcel index number 000900000790000
Indicate Which of the FOIlOWing Applv:
A. Preliminary Determination
Nearest Town Moyock
River Basin Albemarle
Coordinates Latitude: 36.5455029
Longitude: - 76.195737
_ Based on preliminary information, there may be waters of the U.S. including wetlands on the above described project area
. We strongly suggest you have this property inspected to determine the extent of Department of the Army (DA)
jurisdiction. To be considered final, a jurisdictional determination must be verified by the Corps. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33
CFR Part 331). 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.
B. Approved Determination
_ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. Unless there is a change in the law
or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of
this notification.
X There are waters of the U.S. including wetlands on the above described project area subject to the permit requirements of
Section 404 of the Clean Water Act (CWA)(33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We strongly suggest you have the waters of the U.S. including wetlands on your project area delineated. Due to the
size of your property and /or our present workload, the Corps may not be able to accomplish this wetland delineation in a
timely manner. For a more timely delineation, you may wish to obtain a consultant. To be considered final, any
delineation must be verified by the Corps.
X The waters of the U.S. including wetlands on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest you have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S. including wetlands have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
Page 1 of 2

_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(LAMA). You should contact the Division of Coastal Management in Morehead City, NC, at (252) 808 -2808 to
determine their requirements.
Placement of dredged or fill material within waters of the US and /or wetlands without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). If you have any questions regarding this
determination and /or the Corps regulatory program, please contact Chester Bigelow at 910 - 251 -4595 or
Chester .C.Bigelowna,usace.armv.mil.
C. Basis For Determination: USA CE 1987 Federal Wetlands Delineation Manual and regulatory supplement
D. Remarks:
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The de line ation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. Ifyou object to this
determination, you may request an administrative appeal under Corps regulations at 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 following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Jason Steele, Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303 -8801
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by August 24. 2015.
**It is not necessary to submit an RFA
/ form to� the ryDivision Office if you do not object to the determination in this
correspondence.** C FWX /D r I lrStLA BWT/J EO!c[bVTjAp '>V/r/Hpvf FnfogpvFREpppB Q,�p ViB5468
cb>CHFWX /q FfLFSCI BSM1FT/JM3168654681
.112316865468
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Date: June 24, 2015 Expiration Date: June 23, 2020

The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
httb : / /reaulatory.usacesurvey.com /.

Moyock Development Revised Wetland Delineation Exhibit
April 7, 2015
Revised May 21, 2015 0 250 500 1,000 1,500 2,000
Mapped by BRO Feet
MSA # 15021
2012 Aerial from USDA -NAIP, Chesapeake, VA