20210751 Ver 1_P1505F_Prelim_JD_20210426

(Electronically Transmitted)
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2009-02140 County:Onslow U.S.G.S.Quad:NC-Stella
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Requestor: USMC-Camp Leieune
Jessi Baker
Address: 12 Post Lane
Camp Lejeune,NC 28547
E-mail: [e-mail]
Size(linear feet) 4300 Nearest Town Stella
Nearest Waterway White Oak River River Basin Onslow Bay
USGS HUC 03020301 Coordinates Latitude: 34.7706
Longitude:-77.1591
Location description: The project area is the existing military rail line located lust south of Stella Road crossing the White Oak
River from Onslow to Carteret County.
Indicate Which of the Following Apply:
A. Preliminary Determination
There appear to be waters,including wetlands on the above described project area/property,that may be subject to Section 404
of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403). The
waters,including wetlands have been delineated,and the delineation has been verified by the Corps to be sufficiently accurate
and reliable.The approximate boundaries of these waters are shown on the enclosed delineation maps Figure 2A-1,2A-2,and
2A-3 contained within the JD package dated 1/7/2021. Therefore this preliminary jurisdiction determination may be used in the
permit evaluation process,including determining compensatory mitigation.For purposes of computation of impacts,
compensatory mitigation requirements,and other resource protection measures,a permit decision made on the basis of a
preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they
are jurisdictional waters of the U.S.This preliminary determination is not an appealable action under the Regulatory Program
Administrative Appeal Process(Reference 33 CFR Part 331).However,you may request an approved JD,which is an appealable
action,by contacting the Corps district for further instruction.
❑ There appear to be waters,including wetlands on the above described project area/property,that may be subject to Section 404
of the Clean Water Act(CWA)(33 USC § 1344)and/or Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403).
However,since the waters,including wetlands have not been properly delineated,this preliminary jurisdiction determination
may not be used in the permit evaluation process. Without a verified wetland delineation,this preliminary determination is
merely an effective presumption of CWA/RHA jurisdiction over all of the waters,including wetlands at the project area,which
is not sufficiently accurate and reliable to support an enforceable permit decision.We recommend that you have the waters,
including wetlands on your project area/property delineated.As the Corps may not be able to accomplish this wetland
delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
❑ There are Navigable Waters of the United States within the above described project area/property subject to the permit
requirements of Section 10 of the Rivers and Harbors Act(RHA)(33 USC §403)and Section 404 of the Clean Water Act
(CWA)(33 USC § 1344). Unless there is a change in 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.
❑ There are waters,including wetlandson the above described project area/property 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 recommend you have the waters,including wetlands on your project area/property delineated. As the Corps may not be
able to accomplish this wetland delineation in a timely manner,you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.

SAW-2009-02140
❑The waters,including wetlands on your project area/property have been delineated and the delineation has been verified by
the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated DATE.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,including wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the
Corps Regulatory Official identified below onDATE.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.
❑ There are no waters of the U.S.,to include wetlands,present on the above described project area/property 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.
❑ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act(CAMA).
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,including wetlands,without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act(33 USC § 1311). Placement of dredged or fill material,construction or
placement of structures,or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act(33 USC §401 and/or 403).If you have any questions
regarding this determination and/or the Corps regulatory program,please contact Brad Shaver at 910-251-4611 or
brad.e.shaver(a,usace.army.mil.
C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination
form dated 01/12/2021.
D. Remarks: None.
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 delineation/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. If you 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: Phillip Shannin,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 Not applicable.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.**
Digitally signed by
£ t SHAVER.BRAD.E.1276601756
Corps Regulatory Official: iii��� Date:2021.01.1212:34:32-05'00'
Date of JD:01/12/2021 Expiration Date of JD:Not applicable

SAW-2009-02140
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 the Customer Satisfaction Survey located at
http://corpsmapu.usace.army.mil/cm_apex/Vp=136:4:0
Copy furnished(electronic):
Michael Baker International,Terry Burhans
NCDEQ-DWR,Joanne Steenhuis
NCDEQ-DCM,Ryan Davenport

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: USMC-Camp Leieune,Jessi Baker File Number: SAW-2009-02140 Date: 01/12/2021
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
▪ APPROVED JURISDICTIONAL DETERMINATION D
❑X 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 or http://www.usace.army.mil/Missions/CivilWorks/RegulatoryProgramandPermits.aspx
or the 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 district 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 already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer,Wilmington Regulatory Division Mr. Phillip Shannin,Administrative Appeal Review Officer
Attn: Brad Shaver CESAD-PDO
Wilmington Regulatory Office U.S.Army Corps of Engineers, South Atlantic Division
U.S Army Corps of Engineers 60 Forsyth Street,Room 10M15
69 Darlington Avenue Atlanta,Georgia 30303-8801
Wilmington,North Carolina 28403 Phone: [phone]
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 opportunity to participate in all site investi ations.
Date: Telephone number:
Signature of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer,Wilmington Regulatory Division,Attn: Brad Shaver,69 Darlington Avenue,Wilmington,North
Carolina 28403
For Permit denials,Proffered Permits and Approved Jurisdictional Determinations send this form to:
Division Engineer,Commander,U.S.Army Engineer Division,South Atlantic,Attn:Mr.Phillip Shannin,
Administrative Appeal Officer,CESAD-PDO,60 Forsyth Street,Room 10M15,Atlanta,Georgia 30303-8801
Phone: [phone]

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 °VV.
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 AttachetCres
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
1

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):
7

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.
3

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.
�ti Digitally signed by
SHAVEDate:2 21.01. 212:27:08-0 BAKER.JESSI.O.150 Digitally signed by
Date:2021.01.1212:27:08 OS'00' BAKERJESSI.0.1505065995
5065995 Date:2020.11.12 13:54:49-05'00'
Signature and date of Signature and date of
Regulatory Project Manager person requesting preliminary JD
(REQUIRED) (REQUIRED, unless ❑btaining
the signature is impracticable)
4

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

HURRICANE FLORENCE Figure 2A - 1
RECOVERY BRIDGES White Oak River
DESIGN-BUILD AT Railroad Trestle Replacement
MCB CAMP LEJEUNE, NC Jurisdictional Features
P-1505F RAILROAD
TRESTLE REPLACEMENTS •r`
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HURRICANE FLORENCE ; Figure 2A - 2
RECOVERY BRIDGES t White Oak River
DESIGN-BUILD AT - i Railroad Trestle Replacement
MCB CAMP LEJEUNE, NC ! Jurisdictional Features
P-1505F RAILROAD �"4
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HURRICANE FLORENCE r.` - Y. Figure 2A - 3
RECOVERY BRIDGES `" White Oak River
DESIGN-BUILD AT ter 4 Railroad Trestle Replacement
MCB CAMP LEJEUNE, NC O _ A. Jurisdictional Features
P-1505F RAILROAD
TRESTLE REPLACEMENTS
•
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