HomeMy WebLinkAbout20210751 Ver 1_final signed PJD form_20210112 ATTACHMENT A
PRELIMINARY JURISDICTIONAL DETERMINATION FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PRELIMINARY JURISDICTIONAL
DETERMINATION (JD): 1/12/2021
B. NAME AND ADDRESS OF PERSON REQUESTING PRELIMINARY JD:
Marine Corps Base Camp Lejeune, do Jessi Baker
12 Post Lane, Camp Lejeune, NC 28547
C. DISTRICT OFFICE, FILE NAME, AND NUMBER:
Wilmington Field Office, White Oak Trestle, SAW-2009-02140
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION:
P-1505F-Railroad Trestle Replacements,White Oak River&Queen Creek
(USE THE ATTACHED TABLE TO DOCUMENT MULTIPLE WATERBODIES AT DIFFERENT
SITES)
State: NC County/parish/borough: Onslow City: Stella
Center coordinates of site (lat/long in degree decimal format):
Lat. 34.772466 °N; Long. -77.152295 oW.
Universal Transverse Mercator: NAD 83
Name of nearest waterbody: White Oak River, Queen Creek
Identify (estimate) amount of waters in the review area:
Non-wetland waters:
Refer to Attached linear feet: Refer to Attached width (ft) and/Or Refer to Attachettcres.
Cowardin Class: Refer to Attached
Stream Flow: Refer to Attached
Wetlands: Refer to Attached acres.
Cowardin Class: Refer to Attached
Name of any water bodies on the site that have been identified as Section 10
waters:
Tidal: White Oak River
Non-Tidal: Refer to Attached
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E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT
APPLY):
Office (Desk) Determination. Date:
Field Determination. Date(s):
SUPPORTING DATA. Data reviewed for preliminary J❑
(check all that apply- checked items should be included in case file and,
where checked and requested, appropriately reference sources below):
X Maps, plans, plots or plat submitted by or on behalf of the
applicant/consultant: Michael Baker International
X Data sheets prepared/submitted by or on behalf of the
applicant/consultant.
XXOffice concurs with data sheets/delineation report.
Office does not concur with data sheets/delineation report.
Data sheets prepared by the Corps:
Corps navigable waters' study:_
U.S. Geological Survey Hydrologic Atlas:
USGS NHD data
X USGS 8 and 12 digit HUC maps
1:24000;
X U.S. Geological Survey map(s). Cite scale & quad name: New River Inlet
X USDA Natural Resources Conservation Service Soil Survey.
Citation: Soil Survey of Onslow County, North Carolina, USDA, 1992, Web Soil Survey
X National wetlands inventory map(s). Cite name:
State/Local wetland inventory map(s):
X FEMA/FIRM maps:
100-year Floodplain Elevation is:
(National Geodectic Vertical Datum of 1929)
XPhotographs: XAerial (Name & Date): or
Other (Name & Date):
Previous determinations). File no. and date of response letter:
Other information (please specify):
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1. The Corps of Engineers believes that there may be jurisdictional waters of the
United States on the subject site, and the permit applicant or other affected party
who requested this preliminary JD is hereby advised of his or her option to
request and obtain an approved jurisdictional determination (JD) for that site.
Nevertheless, the permit applicant or other person who requested this
preliminary JD has declined to exercise the option to obtain an approved J❑ in
this instance and at this time.
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
approved J❑ for the activity, the permit applicant is hereby made aware of the
following: (1) the permit applicant has elected to seek a permit authorization
based on a preliminary JD, which does not make an official determination of
jurisdictional waters; (2) that the applicant has the option to request an approved
JD before accepting the terms and conditions of the permit authorization, and
that basing a permit authorization on an approved JD could possibly result in less
compensatory mitigation being required or different special conditions; (3) that
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)
that 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) that undertaking
any activity in reliance upon the subject permit authorization without requesting
an approved JD constitutes the applicant's acceptance of the use of the
preliminary JD, but that either form of JD will be processed as soon as is
practicable; (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 preliminary JD constitutes agreement that all
wetlands and other water bodies on the site affected in any way by that activity
are jurisdictional waters of the United States, and precludes 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 approved JD or a preliminary JD, that JD
will be processed as soon as is practicable. Further, an approved JD, 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,
and that in any administrative appeal, jurisdictional issues can be raised (see 33
C.F.R. 331.5(a)(2)). If, during that administrative appeal, it becomes necessary
to make an official determination whether CWA jurisdiction exists over a site, or
to provide an official delineation of jurisdictional waters on the site, the Corps will
provide an approved JD to accomplish that result, as soon as is practicable.
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This preliminary JD finds that there "may be"waters of the United States on the
subject project site, and identifies all aquatic features on the site that could be
affected by the proposed activity, based on the following information:
IMPORTANT NOTE: The information recorded on this form has not
necessarily been verified by the Corps and should not be relied upon for
later jurisdictional determinations.
Digitally signed by
Ly
Date:2 21.01. 212:27:08-0 BAKER.�ESSI.O.150 Digitally signed by
Date:2021.01.12 12:27:08 OS'00' JESSI.0.1505065995
Date 2
5065995 Date: 020.11.12 13:54:49-05'00'
Signature and date of Signature and date of
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless obtaining
the signature is impracticable)
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P-1505F Railroad Trestle Replacement (White Oak River & Queen Creek)
Preliminary Jurisdictional Determination
Jurisdictional Area Summary
Area ID Name Length Acres Latitude Longitude Type Class
White Oak River White Oak River 300 N/A 34.772491 -77.152367 Riverine Section 10 Non-Wetland
Queen Creek Queen Creek 100 N/A 34.577940 -77.275103 Riverine Non-Section 10 Non-Wetland
WA Salt/ Brackish Marsh N/A 7.18 34.771397 -77.156018 PEM Section 10 Wetland
WB Salt/ Brackish Marsh N/A 0.27 34.772868 -77.151037 PEM Section 10 Wetland
WC Bottomland Hardwood Forest N/A 2.56 34.770623 -77.159152 PFO Non-Section 10 Wetland
WD Bottomland Hardwood Forest N/A 0.50 34.772830 -77.150815 PFO Non-Section 10 Wetland
WA Bottomland Hardwood Forest N/A 0.11 34.745144 -77.233315 PFO Non-Section 10 Wetland
WB Bottomland Hardwood Forest N/A 0.18 34.744646 -77.233121 PFO Non-Section 10 Wetland
TOTAL 400 Linear Feet 10.80-acre