20221553 Ver 1_USACE Permit_20221103 (2)

Electronic Transmittal
U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-02407 County: Onslow U.S.G.S. Quad: NC -Spicer Bay
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Capital Asset Topsail Development
Chris Plaford
Address: 1121 Military Cutoff Road, Suite 336
WilminEton, NC 28405
Telephone Number: 9175880302
E-mail: cplaford(&capitalasset-us.com
Size (acres) 0.32 acre Nearest Town North Topsail Beach
Nearest Waterway Stump Sound River Basin Onslow Bay
USGS HUC 03020302 Coordinates Latitude: 34.454363
Longitude:-77.499613
Location description: The proiect is located at 103 Old Village Lane in North Topsail Beach, Onslow County, PIN: 806-104
Description of projects area and activity: This verification authorizes the disch
the purpose of constructing a single-family home.
Applicable Law(s): ® Section 404 (Clean Water Act, 33 USC 1344)
❑ Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit 18 — Minor Discharges
of fill material into 0.035 acre of wetland for
SEE ATTACHED NWP GENERAL, REGIONAL, AND/OR SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
Conditions, your application signed and dated 11/3/2022, and the enclosed plans Boundary Survey & Preliminary Plot Plan for
Capital Asset Topsail Development, LLC Lot 6, Section 2, Village of Stump Sound dated 6/13/2023. Any violation of the attached
conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class
I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general
permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided
it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization
expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the
nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon
the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the
date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been
exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (LAMA), prior
to beginning work you must contact the N.C. Division of Coastal Management Morehead City, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State
or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of
Engineers regulatory program, please contact Katharine Elks at [phone]or katharine.b.elks(&usace.army.mil.

Digitally signed by Katharine Elks
Corps Regulatory Official: Ka t a r i n e E s Date: 2023.08.25 09:45:35-04'00' Date: 8/25/2023
Expiration Date of Verification: 3/14/2026

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/Pp=136:4:0
Copy furnished:
Gene Young, Applied Resource Management (agent)
Michael Meilinger, NC DWR
Deb Hill, North Topsail Beach

SAW-2022-02407
SPECIAL CONDITIONS
a. In order to compensate for impacts associated with this permit, mitigation shall be provided in accordance
with the provisions outlined on the most recent version of the attached Compensatory Mitigation Responsibility
Transfer Form. The requirements of this form, including any special conditions listed on this form, are hereby
incorporated as special conditions of this permit authorization.
b. Suitable habitat for tricolored bat (Perimyotis subflavus) may be present at the site. On September 14, 2022, the
USFWS published a proposal in the Federal Register to list the tricolored bat as endangered under the Endangered
Species Act (ESA). The permittee understands and agrees that all work associated with the clearing and removal of
trees and removal or modification of culverts must be completed prior to September 15, 2023. Work associated
with the aforementioned activities not completed by September 15, 2023, must cease and the permittee must contact
the Corps' (Katharine Elks / [e-mail] / 910-251-4567) to determine if additional
coordination with the United States Fish and Wildlife Service is required under Section 7 of the Endangered
Species Act prior to continuing work.

LAND
HAVE
M
S LOCATED
IN FLOOD ' ZONE 'AE(EL=11'+2'T WI9CH IS A
SPECIAL FLOOD HAZARD AREA AS DETERMINED BY THE FED.,
EMERGENCY MANAGEMENT AGENCY, AND THE NATIONAL FLOOD
INSURANCE PROGRAM. 72GCOMMUNITY PANEL NUMBER
CURVE TABLE
CURVE /
LENGTH
RADIUS
CHORD
BEARING
CI
65.13'
127.50'
1 64.42'
S33'12'10'W
C2
20.82'
25.OD'
20.04'
S57'5Y44'E
C3
39.34'
1 45.00'
38.10'
N597213'W
R/W
IMPERVIOUS SURFACE WITHIN 575' ORW SETBACK
PROPOSED DWEWNG WITHOUT EAVES
- 795 Sq.Ft.
PROPOSED TOTAL IMPERVIOUS SURFACE
TOTAL LOT AREA
- 795 Sq.Ft.
- 8033 Sa_FL
PROPOSED IMPERVIOUS AREA
9.8x
PROPOSED DWELLING WITHOUT EAVES
- 1836 SQ.FL
PROPOSED TOTAL IMPERVIOUS SURFACE
TOTAL LOT AREA
- 1838 Sq.Ft
14039 Se.Ft.
PROPOSED IMPERVIOUS AREA
-
- 13.04
NOSE
AS PER D.B. 1003, P. 13
MINIMUM DWELUNG: 1800 Sq.Ft
MAXIMUM IMPERVIOUS SURFACE 2500 Sq.Ft
Hm
PROPOSED 404 WETLAND FILL: 1528 Sq.Ft. 0.035 ACRES
NOW OR FORMERLY
YAWN
D.B. 2145, P. 409
LOT 5, SECTION 2
VILLAGE OF STUMP SOUND
M.B. 27. P. 111
\ r 9PiL
♦ � T�1
\9
CJ
ERSECTION OF ASPHALT OF \
( COURT & OLD VILLAGE LANE
BEIOSION
10/31/22: REVISED 404 WETLANDS DELINEATION & PROPOSED WETLANDS FILL
LOCATED ORANGE PIN FLAGS & RED PIN FLAGS
06/13/23: REVISED PROPOSED DWELLING & PROPOSED WETLANDS FILL
THIS PRELIMINARY PLOT PLAN IS SUBJECT 10 BO7Fi
REVIEW & APPROVAL BY THE LOCAL JURISDI__
NOTE: BOLE
PROPOSED DWELLING IS TWO STORY GROUND: 126 Sq.Ft.
ON RUNGS OVER CONCRETE SLAB FIRST FLOOR: 1504 Sq.Ft.
ENCLOSED BELOW FOR ENTRY, SECOND FLOOR: 1504 So.Ft.
STORAGE & GARAGE.. TOTAL FLOOR AREA: 3134 Sq.Ft.
PEAK OF PROPOSED DWELLING IS AS PER HOUSE PLANS
43.3 ABOVE SLAB ELEVATION.
NOW OR FORMERLY
HARK PROPERTIES. LLC
\ D.B. 2583, P. 503
M.B. 49. P. 108
MA-9-AB"IP EP 14461245'E
404
°j WETLANDS
15' SETBACK
\ y6 7 0 L18 i m
UPLANDS II`�
404
1
WETLANDS IP
2�5 rgr11
® < n
�. 5
I / �`O }EV 1n0 .\ UPLANDS I n
20' SETBACK
PROPOSED \
PERV OUS
GRAVEL DRIVE
ECM
NOW OR FORMERLY
BROWN
D.B. 4622, P. 245
LOT 7, SECTION 2
VILLAGE OF STUMP SOUND
M.B. 27. P. 111
L➢Z of
Asx4Lr
�- —" N4717b8'E 56.50' EMN N,48V7'3TE 74
OLD VILLAGE LANE \
45' R/W (ASPHALT -PRIVATE) \ \
MST
DP
LOT 6
14039 Sq.Ft
0.322 ACRES
ZONED R-5
ZONING SETBACKS
FRONT = 20'
REAR - 10'
SIDE - 8'
OWNERS
THOMAS W. KAUGHER &
ELIZABETH DUBOVSKY
TITLE SOURCE
D.B. 4980, P. 754
TAX 10
806-104
RESTRICTIVE COVENANTS
FRONT - 20'
REAR - 10'
51DE = 8'
REFERENCES
D.B. 1003. P. 13
D.B. 2145. P. 409
D.B. 25&T, P. 503
D.B. 4622. P. 245
D.B. 4980. P. 754
M.B. 27. P. III
M.B. 49. P. 108
LEGEND
CC - CONTROL CORNER
ECM = EXISTING CONCRETE MONUMENT (FOUND)(CONTROL CORNER)
EP - EXISTING IRON PIPE (FOUND)
DR = EXISTING IRON ROD (FOUND)
EMN = EXISTING MAGNETIC NAIL (FOUND)(CONTROL CORNER)
EPK = EXISTNG PARKER-KALON NAIL (FOUND)(CONTROL CORNER)
ERRS - EXISTING RAILROAD SPIKE (FOUND)
MBL - MINIMUM BUILDING LINE
NMP = NON MONUMENTED POINT
R/W - RIGHT OF WAY
SCM = SET CONCRETE MONUMENT (CONTROL CORNER)
SIP - SET IRON PIPE
SIR - SET IRON ROD
PM1-1MINAkYPL-A1'
SMN = SET MAGNETIC NAIL (CONTROL CORNER)
SPK = SET PARKER-KALON NAIL (CONTROL CORNER)
NOr,'(W MCOWAVON
(E = CENTERLINE
CONVEYANCE5 OP SALES
C7 = WATER METER
WELL COVER
.Ro = FIRE HYDRANT
R/W
/ BOUNDARY SURVEY & PRELIMINARY PLOT PLAN
FOR
R/W CAPITAL ASSET TOPSAIL
DEVELOPMENT, LLC
LOT 6, SECTION 2, VILLAGE OF STUMP SOUND, M.B. 27, P. 111
STUMP SOUND TOWNSHIP, ONSLOW COUNTY, NORTH CAROLINA
THOMAS W. KAUGHER & ELIZABETH DUBOVSKY, OWNERS, D.B. 4980, P. 754
103 OLD VILLAGE LANE
- WATER VALVE
® - SANITARY SEWER MANHOLE
®- CLEAN OUT
® - TELEPHONE PEDESTAL
®- TELEVISION PEDESTAL
® - FIBER OPTIC CABLE MARKER
ECM ¢ - LIGHT POLE
- POWER POLE
—iN— - POWER LINE
©- ELECTRIC TRANSFORMER
X 1.a' - EXISTING SPOT ELEVATION
- ORANGE PIN FLAGS
- RED PIN FLAGS
— R/W
GRAPHIC SCALE
]0 4 14 A a
1 ingh = 20 fL
ACTUAL FIELD SURVEY DATE: OCTOBER 27. 2022
MAPPING DATE: JUNE 13, 2023
FIELD BOOK:949 & 1296 PAGE: 15 & 45
PROJECT NUMBER: 22-09-20 = JTG

Action ID Number: SAW-2022-02407 County: Onslow
Permittee: Capital Asset Topsail Development, Chris Plaford
Project Name: 103 Old Village Lane
Date Verification Issued: 8/25/2023
Project Manager: Katharine Elks
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Katharine Elks
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
or
[e-mail]
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

Compensatory Mitigation Responsibility Transfer Form
Permittee: Capital Asset Topsail Development, Chris Plaford
Project Name: 103 Old Village Lane
Action ID: SAW-2022-02407
County: Onslow
Instructions to Permittee: The Permittee must provide a copy of this form to the Mitigation Sponsor, either an approved Mitigation
Bank or the North Carolina Division of Mitigation Services (NCDMS), who will then sign the form to verify the transfer of the mitigation
responsibility. Once the Sponsor has signed this form, it is the Permittee's responsibility to ensure that Wilmington District Project
Manager identified on page two is in receipt of a signed copy of this form before conducting authorized impacts, unless otherwise
specified below. If more than one Mitigation Sponsor will be used to provide the mitigation associated with the permit, or if the
impacts and/or the mitigation will occur in more than one 8-digit Hydrologic Unit Code (HUC), multiple forms will be attached to the
permit, and the separate forms for each Sponsor and/or HUC must be provided to the appropriate Mitigation Sponsors.
Instructions to Sponsor: The Sponsor verifies that the mitigation requirements (credits) shown below have been released and are
available at the identified site. By signing below, the Sponsor is accepting full responsibility for the identified mitigation, regardless of
whether they have received payment from the Permittee. Once the form is signed, the Sponsor must update the bank ledger and
provide a copy of the signed form and the updated ledger to the Permittee, the Project Manager who issued the permit, the Bank
Project Manager, and the District Mitigation Office (see contact information on page 2). The Sponsor must also comply with all
reporting requirements established in their authorizing instrument.
Permitted Impacts and Compensatory Mitigation Requirements:
Permitted Impacts Requiring Mitigation* 8-digit HUC and Basin: 03020302
Stream Impacts (linear feet)
Wetland Impacts (acres)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.035
*If more than one mitigation sponsor will be used for the permit, only include impacts to be mitigated by this sponsor.
Compensatory Mitigation Requirements: 8-digit HUC and Basin: 03020302
Stream Mitigation (credits)
Wetland Mitigation (credits)
Warm
Cool
Cold
Riparian Riverine
Riparian Non-Riverine
Non -Riparian
Coastal
0.07
Mitigation Site Debited: Bachelors Delight Mitigation Bank
(List the name of the bank to be debited. For umbrella banks, also list the specific site. For NCDMS, list NCDMS. If the NCDMS
acceptance letter identifies a specific site, also list the specific site to be debited).
Section to be completed by the Mitigation Sponsor
Statement of Mitigation Liability Acceptance: I, the undersigned, verify that I am authorized to approve mitigation transactions for
the Mitigation Sponsor shown below, and I certify that the Sponsor agrees to accept full responsibility for providing the mitigation
identified in this document (see the table above), associated with the USACE Permittee and Action ID number shown. I also verify
that released credits (and/or advance credits for NCDMS), as approved by the Wilmington District, are currently available at the
mitigation site identified above. Further, I understand that if the Sponsor fails to provide the required compensatory mitigation, the
USACE Wilmington District Engineer may pursue measures against the Sponsor to ensure compliance associated with the mitigation
requirements.
Mitigation Sponsor Name:
Name of Sponsor's Authorized Representative:
Signature of Sponsor's Authorized Representative Date of Signature

Conditions for Transfer of Compensatory Mitigation Credit:
• Once this document has been signed by the Mitigation Sponsor and the District is in receipt of the signed form, the Permittee is
no longer responsible for providing the mitigation identified in this form, though the Permittee remains responsible for any other
mitigation requirements stated in the permit conditions.
• Construction within jurisdictional areas authorized by the permit identified on page one of this form can begin only after the
District is in receipt of a copy of this document signed by the Sponsor, confirming that the Sponsor has accepted responsibility for
providing the mitigation requirements listed herein. When NCDMS provides mitigation for authorized impacts conducted by the
North Carolina Department of Transportation (NCDOT), construction within jurisdictional areas may proceed upon permit
issuance; however, a copy of this form signed by NCDMS must be provided to the District within 30 days of permit issuance.
NCDOT remains fully responsible for the mitigation until the District has received this form, confirming that the Sponsor has
accepted responsibility for providing the mitigation requirements listed herein.
• Signed copies of this document must be retained by the Permittee, Mitigation Sponsor, and in the USACE administrative records
for both the permit and the Bank/ILF Instrument. It is the Permittee's responsibility to ensure that the District Project Manager
(address below) is provided with a signed copy of this form.
• If changes are proposed to the type, amount, or location of mitigation after this form has been signed and returned to the District,
the Sponsor must obtain case -by -case approval from the District Project Manager and/or North Carolina Interagency Review Team
(NCIRT). If approved, higher mitigation ratios may be applied, as per current District guidance and a new version of this form must
be completed and included in the District administrative records for both the permit and the Bank/ILF Instrument.
Comments/Additional Conditions: A letter from Bachelors Delight Mitigation Bank, confirming they are willing and able to accept
the applicant's compensatory mitigation responsibility, dated 7/17/2023 was included with the preconstruction notification.
This form is not valid unless signed below by the District Project Manager and by the Mitigation Sponsor on Page 1. Once signed, the
Sponsor should provide copies of this form along with an updated bank ledger to: 1) the Permittee, 2) the District Project Manager
at the address below, 3) the Bank Manager listed in RIBITS, and 4) the Wilmington District Mitigation Office, 3331 Heritage Trade
Drive, Suite 105, Wake Forest, NC 27587 (or by email to [e-mail]. mil). Questions regarding this form or any of the
permit conditions may be directed to the District Mitigation Office.
USACE Project Manager: Katharine Elks
USACE Field Office: Wilmington Regulatory Office
US Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
Email: [e-mail]
Digitally signed by Katharine Elks
Katharine Elks
Date: 2023.08.25 09:46:42-04'00' 8/25/2023
USACE Project Manager Signature Date of Signature
Current Wilmington District mitigation guidance, including information on mitigation ratios, functional assessments, and mitigation
bank location and availability, and credit classifications (including stream temperature and wetland groupings) is available at
http://ribits.usace.army.mi1.

A. Determination of Jurisdiction:
1. ® There are waters, including wetlands on the above described project area 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). 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. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work
in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ 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 (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). This determination may be relied upon for a period not to exceed five years from the date of this notification, provided
there is no change in law or our published regulations or new information that warrants revision of this determination.
3. ❑ There are waters, including wetlands within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). This determination may be relied upon for a period not to exceed
five years from the date of this notification, provided there is no change in law or our published regulations or new information
that warrants revision of this determination.
4. A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may
request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ❑ The jurisdictional areas within the above described project area have been identified under a previous action. Please reference
jurisdictional determination issued DATE. Action ID: FILE NUMBER.
B. Basis For Determination: See the preliminary jurisdictional determination form dated 8/25/2023.
C. Remarks: None
D. 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.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
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: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
AND
Philip. a. shannin&usace. army
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.
Corps Regulatory Official:
Date of JD: 8/25/2023
Katharine E I ks Digitally signed by Katharine Elks
Date: 2023.08.25 09:49:02-04'00'
Katharine Elks
Expiration Date of JD: Not applicable
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 hops://regulatory.ops.usace.army.mil/customer-service-survey.
Copy furnished:
Gene Young, Applied Resource Management (agent)
Michael Meilinger (NC DCM)

NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: Capital Asset Topsail Development,
File Number: SAW-2022-02407
Date: 8/25/2023
Chris Plaford
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 WITHOUT PREJUDICE
C
❑
PERMIT DENIAL WITH PREJUDICE
D
❑
APPROVED JURISDICTIONAL DETERMINATION
E
❑x
PRELIMINARY JURISDICTIONAL DETERMINATION
F
SECTION I
The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at https://www.usace.army.mil/Missions/Civil-Works/RegulatorV-
Program-and-Permits/appeals/ 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. 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.

i
C. PERMIT DENIAL WITHOUT PREJUDICE: Not appealable
You received a permit denial without prejudice because a required Federal, state, and/or local
authorization and/or certification has been denied for activities which also require a Department of the
Army permit before final action has been taken on the Army permit application. The permit denial without
prejudice is not appealable. There is no prejudice to the right of the applicant to reinstate processing of
the Army permit application if subsequent approval is received from the appropriate Federal, state, and/or
local agency on a previously denied authorization and/or certification.
D: PERMIT DENIAL WITH PREJUDICE: You may appeal the 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.
E: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information for reconsideration
• 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.
• RECONSIDERATION: You may request that the district engineer reconsider the approved JD by
submitting new information or data to the district engineer within 60 days of the date of this notice. The
district will determine whether the information submitted qualifies as new information or data that
justifies reconsideration of the approved JD. A reconsideration request does not initiate the appeal
process. You may submit a request for appeal to the division engineer to preserve your appeal rights
while the district is determining whether the submitted information qualifies for a reconsideration.
F: PRELIMINARY JURISDICTIONAL DETERMINATION: Not appealable
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.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:

If you have questions regarding this decision you
may contact:
District Engineer, Wilmington Regulatory Divisior
Attn: Katharine Elks
Wilmington Regulatory Office
U.S Army Corps of Engineers
69 Darlington Avenue
Wilmington, North Carolina 28403
If you have questions regarding the appeal process,
or to submit your request for appeal, you may
contact:
Mr. Philip A. Shannin
Administrative Appeal Review Officer
CESAD-PDS-O
60 Forsyth Street Southwest, Floor M9
Atlanta, Georgia 30303-8803
Phone: [phone]; Fax [phone]
Email: Philip.A.Shannin(a)usace.army.mil
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. Use additional pages as necessary.
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.
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 investigations.

Date:
Signature of appellant or agent.
Email address of appellant and/or agent: I Telephone number:

PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM
BACKGROUND INFORMATION
A. REPORT COMPLETION DATE FOR PJD: 8/25/2023
B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Capital Asset Topsail Development, Chris
Plaford, 1121 Military Cutoff Road, Suite 336, Wilmington, NC 28405
C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 103 Old Village Lane, SAW-
2022-02407
D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: The project is located at 103 Old
Village Lane in North Topsail Beach, Onslow County, PIN: 806-104
(USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES
AND/OR AQUATIC RESOURCES AT DIFFERENT SITES)
State: NC County: Onslow City: North Topsail Beach
Center coordinates of site (lat/long in degree decimal format): Latitude: 34.454363 Longitude:-77.499613
Universal Transverse Mercator:
Name of nearest waterbody: Stump Sound
E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY):
❑ Office (Desk) Determination. Date:
0 Field Determination. Date(s): 5/4/2023
TABLE OF AQUATIC RESOURCES INREVIEW AREA WHICH "MAY BE" SUBJECT TO
REGULATORY JURISDICTION
Site Number
Latitude
Longitude
Estimated
Type of aquatic
Geographic authority to
(decimal
(decimal
amount of
resources (i.e.,
which the aquatic
degrees)
degrees)
aquatic
wetland vs.
resource "may be"
resources in
non -wetland
subject (i.e., Section 404
review area
waters)
or Section 10/404)
(acreage and
linear feet, if
applicable
1
34.454363
-77.499613
0.11
Wetland
404

1. The Corps of Engineers believes that there may be 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 NWT or other general
permit, and the permit 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, which does 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 Corps 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; (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 PJD
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 Corps 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:
Q Maps, plans, plots or plat submitted by or on behalf of the PJD requester:
Map:
0 Data sheets prepared/submitted by or on behalf of the PJD requestor.
❑ 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: Spicer Bay, NC 2019
❑ Natural Resources Conservation Service Soil Survey. Citation:
❑ National wetlands inventory map(s). Cite name:
❑ StateAocal wetland inventory map(s):
❑ FEMA/FIRM maps:
❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929)
❑ Photographs: ❑ Aerial (Name & Date):
or ❑ Other (Name & Date):
❑ Previous determination(s). File no. and date of response letter:
❑ Other information (please specify):
IMPORTANT NOTE: The information recorded on this form has not necessarily
been verified by the Corps and should not be relied upon for lat r jurisdictional
determinations.
Digitally signed by Katharine Elks
Katharine E s Date: 2023.08.25 09:55:23-04'00'
Signature and date of
Regulatory staff member
completing PJD
Gene Young, REHS o mm'"aeosIMASe IW
Signature and date of
person requesting PJD
(REQUIRED, unless obtaining
the signature is impracticable)'
s Districts may establish timeframes for requestor to return signed PJD forms. If the requestor does not respond
Within the established time frame, the district may presume concurrence and no additional follow up is
necessary prior to finalizing an action.