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HomeMy WebLinkAbout20240527 Ver 1_CAMA Application_20240408K, C. DIVISION OF COASTAL MANAGEMENT £nvironmenraf FIELD INVESTIGATION REPORT QGOflty 1. APPLICANT'S NAME: Perry Kratsa 2. LOCATION OF PROJECT SITE: 338 Seabreeze Boulevard Wilmington, NC 28409 Longitude:-77.85376 Latitude: 34.16343 3. INVESTIGATION TYPE: 4. INVESTIGATIVE PROCEDURE: Date of Visit Purpose of Visit Applicant Present? 10/9/2023 Ma or Permit Yes 5. PROCESSING PROCEDURE - Application Received Application Complete I Regional Office 4/2/2024 3/26/2024 1 DCM - Wilmington Regional Office 6. SITE DESCRIPTION: (A) Local Land Use Plan: New Hanover County, City of Wilmington Land Classification from LUP: Land Classification From LUPs (B) AEC(s) Involved: Estuarine Shoreline, Coastal Wetlands, Public Trust Areas, Estuarine Waters (C) Water Dependent: Yes (D) Intended Use: Private/Community (E) Wastewater Treatment: Existing: Planned: N/A (F) Type of Structures: Existing: Misc. building, Res. bldg.(single family) Planned: Fill(general), Boat lift, Boat slips, Gazebo, Pier V"TV" head, Pier or dock, Retaining wall (G) Estimated Annual Rate of Erosion: Erosion Information Source: Annual Erosion Source 7. HABITAT DESCRIPTION: DREDGED ft' FILLED ft' OTHER (ft) A Open Water 6533 CW's above NHW` 78 C CW's below NHW 2382 Shallow Bottom High Ground 19575 Non -Coastal WL (E) Total Area Disturbed: 28596 ft2 (F) Primary Nursery Area: Yes (G) Water Classification: ORW: Outstanding Resource Waters Open to Shellfishing: Yes Field Investigation Report: Perry Kratsa DCM Major Permit Page I 8. PROJECT SUMMARY: The applicant proposes to install three (3) retaining walls and a seven (7) slip residential docking facility. 9. NARRATIVE DESCRIPTION: The project site is located at 338 Seabreeze Blvd., adjacent to Masonboro Sound, in Wilmington, New Hanover County. The property consists of a 2-acre parcel that is vegetated with native shrubs, hardwoods, and grass with a single-family residence and a secondary building/barn. A pond exists on the southern portion of the property. The property transitions from upland vegetation to §404 type wetlands before transitioning to coastal wetlands consisting primarily of Salt Meadow Cordgrass (Spartina patens) and Black Needle Rush (Juncus roemarianus). A span of Smooth Cordgrass (Spartina alterniflora) exists before reaching a shallow bay measuring approximately 240' in width before reaching another span of Smooth Cordgrass (Spartina alterniflora) and a sandy berm before the open waters of Masonboro Sound and the Atlantic Intracoastal Waterway (AIWW). Water depths in the bay within the project area are approximately 0' Mean Low Water (MLW) per the provided hydrographic survey. The property is bordered to the north by a single-family residence and to the south by a historical access easement for the homeowners along Seabreeze Boulevard. A sight easement exists across the north side of the property and a 30' utility easement currently runs north to south through the property. The application states the utility easement is to be abandoned, however at the time of this application it appears to still be in place. See Sheet 3 of 7 The property to the south of the adjacent historical access easement has recently obtained State Permit 9148-23 to span the shallow bay to a private seven slip docking facility along the AIWW. The property to the north recently obtained State Permit 915-24 to span the shallow bay to a joint eight slip docking facility along the AIWW. Both facilities have currently begun construction. The Wilmington -New Hanover County Land Use Plan classifies the area as Resource Protection. The waters in this location are classified as SA; ORW by the Division of Water Resources. The area is designated as a Primary Nursery Area (PNA) by the Division of Marine Fisheries and is on the border of a shellfish closure. It appears that the project area is OPEN to the taking of shellfish but immediately adjacent to CLOSED shellfish waters to the south 10. PROJECT DESCRIPTION: The applicant proposes to install three (3) retaining walls and a seven (7) slip residential docking facility. Three upland retaining walls, measuring 173', 309' and 71' for a total of 553 linear feet, are proposed with up to 2' of backfill located landward of §404 type and coastal wetlands within the 575 ft. Estuarine Shoreline Area of Environmental Concern (AEC). The retaining wall would consist of a 114' return wall on the northern property boundary and 59' along the northeast side of the property that would transition to an approximately 65' long gap before transitioning back to an approximately 180' long section of retaining wall along the southeastern side of the property that would transition into an approximately 129' return wall along the southern property boundary that would transition to a 30' long gap before reaching Field Investigation Report: Perry Kratsa DCM Major Permit Page 12 an additional 71' of the southern return wall. Approximately 19,575 sq. ft. of backfill would be brought in with a maximum fill height of 2' located landward of the proposed retaining wall. See Sheet 2 and 3 of 7 NOTE: No retaining wall is proposed within the existing 30' utility easement. During the notification process, CFPUA determined that if a retaining wall were proposed within the utility easement, a "Hold Harmless Agreement" would be required. The project was modified so that no proposed retaining walls would encroach within the boundary of the 30' utility easement. CFPUA was re -notified and determined that no "Hold Harmless Agreement" would be required based on the redesign. See "CFPUA Correspondence-3-26-2024.pdf' The applicant also proposes an 818' long by 6' fixed pier extending from the southeast side of the property adjacent to the existing pond. The proposed pier would span across the shallow bay and sandy berm to the open waters of Masonboro Sound and the AIWW. According to the applicant's provided hydrographic survey and site indicators, the pier would cross the sandy berm in an area below Mean High Water (MHW). Coastal Wetland vegetation present on the sandy berm consist of Smooth Cordgrass (Spartina alterniflora) and small patches of Glasswort (Salicornia spp.). A 10' long elevated span measuring 6' above MHW is proposed in the deepest part of the bay to allow access to navigable public trust areas. The bridged section would be located approximately 390' from MHW. Water depths in the area of the proposed span in the area of the deepest portion of the bay which measures approximately 0' at MLW according to the submitted hydrographic survey. See Sheet 2 and 4 of 7 The pier would continue eastward past the berm towards the AIWW and terminus of the docking facility. Extending approximately 55' east from the eastern edge of coastal wetlands on the sandy berm would by a 12' wide by 14' long gazebo on the southern side of the pier. Approximately 30' east of the gazebo along the fixed pier would exist two jet ski lifts (slips 5 and 6) measuring 12' long by 7.7' wide, one would be located on the north side of the pier, and one would be located on the south side. 30' east of the jet ski lifts, the applicant proposes a 32' long by 8' wide floating dock (transient slip) that would extend south from the pier, parallel to the AIWW. Located approximately 25' east of the proposed floating dock gangway would be a T-Head with a 36' long by 5' wide finger pier extending to the north and a 36' long by 5' wide finger pier extending to the south. Two 16' long by 14.5' wide boat lifts (slips 1 and 2) are proposed on the eastern side of the aforementioned finger piers and two 12.5' long by 12.5' wide boat lifts (slips 3 and 4) are proposed on the western side of the finger piers. The proposed docking facility would accommodate 7 vessels including the designated transient boat slip adjacent to the proposed floating dock. See Sheet 2 and 5 of 7 According to the hydrographic survey submitted as part of the application materials, the proposed jet ski lifts would be located in water depths ranging between -11' MLW and -12' MLW, the proposed floating dock would be located in waters depths of -12' MLW, and the proposed boat lifts would be located in water depths ranging between -12' and -13' MLW. See Sheet 5 of 7, ESP Survey 8-23-23.pdf, and ESP Survey 11-2-23.pdf Note: The property is adjacent to a single-family residence to the north and adjacent to a riparian easement to the south which multiple property owners have rights to. The agent for the Field Investigation Report: Perry Kratsa DCM Major Permit Page 13 applicant attempted to notify the following two adjacent property owners three separate times via certified mail delivery without confirmation of delivery: Robert and Nina Hill Jr., and Jon Mark Stegan. Robert and Nina Hill Jr. were also attempted to be notified via e-mail. The attached "Adjacent Notifications Summary" details the notification attempts of all adjacent riparian property owners. Please note that since the time of application submission that Jim Hoffman's certified mail tracking information shows it had been delivered, he was also contacted via e-mail as well. 11. ANTICIPATED IMPACTS: The proposed structures would result in the filling of approximately 19,575 sq. ft. of high ground for the proposed retaining walls within the ORW Estuarine Shoreline Area of Environmental Concern (AEC). The proposed docking facility would incorporate approximately 6,561 sq. ft. of Public Trust Area and Estuarine Waters and shade approximately 2,460 sq. ft. of coastal wetlands. The structures would not encroach into either 15' riparian corridor setback. As proposed, the docking facility would not encroach into the USACE AIWW 80' setback nor exceed the quarter width. The proposed structures would extend approximately 167' into the AIWW portion of the waterbody, in an area that measures approximately 768' across. The proposed structures would accommodate up to seven (7) vessels at this location within water depths of -11' to -13' relative to MLW. The applicant has proposed a bridged portion of the fixed pier to try to address navigation concerns of ingress/egress of the bay which is similar to what was previously authorized via State Permit 9148-23 and State Permit 915-24 for other docking facilities that spanned the same bay. Shoreline length = +/- 654 ft. x 8 sq. ft. = 5,232 sq. ft. (2,000 sq. ft. maximum allowable per DCM) Proposed: Fixed pier (818' x 6') = 4,908 sq. ft. (access credit, not counted) Gazebo (12' x 14') = 168 sq. ft. Floating dock (32' x 87) = 256 sq. ft. Finger Pier (36' x 57) = 180 sq. ft. Finger Pier (36' x 57) = 180 sq. ft. Boat lifts 2 @ (12.5' x 12.57) = not counted Boat lifts 2 @ (167 x 14.57) = not counted Jet ski lifts 2 @ (7.7' x 127) = not counted Total = 784 sq. ft. Submitted by: Bryan Hall Date: 4/3/24 Office: Wilmington Name: Bryan Hall Date: 04-03-2024 Office: DCM - Wilmington Regional Office Field Investigation Report: Perry Kratsa DCM Major Permit Page 14 Permit Application Report Application ID Application Type Submitted App Complete Deadline Decision Expiration PA-1196 DCM Major Permit 04-02-2024 03-26-2024 Primary Applicant Information Applicant Type Title Business Name Name Email Business Phone Mobile Phone Individual Mr. Perry Kratsa pckratsa@gmail.com NA 910-279-3365 Physical Address Mailing Address Street 1 1 City State Zip Street 1 City State Zip 6316 Marywood Dr I Wilmington NC 28409 6316 Marywood Dr Wilmington NC 28409 Registered Agent Information Agent Type Title Business Name Name Email Business Phone Mobile Phone Business/Company Davey Resource Group Davey Resource Group DRGCAMA@davey.com 9104520001 9104520001 Physical Address Mailing Address Street 1 City State Zip Street 1 City State Zip 3805 wrightsville ave, ste 15 wilmington NC 28403 3805 wrightsville ave, ste 15 wilmington NC 28403 Project Information Project Name Project Type Disturbed Land Area (Scl Ft/Acres) 338 Seabreeze Blvd Private/Community 19575 Sq. Ft. / 0.45 Acres Is proposed project located in national registered historic district or national register listed/eligible: False List of previous state or federal permits for work on project tract: SAW-2023-01726 PJD Issued 8/31/2023 by Brad Shaver Project Location Information Address County River Basin Subdivision County Parcel ID Latitude Longitude 338 Seabreeze Boulevard Wilmington, NC 28409 New Hanover Cape Fear R07206-007-007-000 34.16343 -77.85376 Project Discharges to State Waters Discharge Type Surface Runoff Sanitary Wastewater Industry/Commercial Effluent Vessel I Wash Down Residential Other Wastewater/Stormwater Discharged Into Wetland? Discharge Same Salinity as Receiving Waters Is There Any Mitigation Proposed False False False Detailed Description of the Existing Development Located on the Property Existing Man -Made Features: A house with a separate driveway and garage are located on the property along with a landscaping wall, a barn and fencing. Existing Land Uses: The lot is used as a single family residence. Existing Wastewater Treatment/Disposal: Solid Waste/Fish Offal/Trash Disposal: Municipa Use and Daily Operations of the Project When Complete Proposed Development Purpose: The purpose for development is to provide water access to the owner of the residential lot. Buildings/Facilities/Units/Structures: An upland retaining wall with a maximum backfill of +2 feet is proposed on the lot. A docking facility is proposed on the southwest portion of the lot. Use & Daily Operations: The lot is residential use. Construction Methodology & Equipment: Typical construction equipment will be used. Development Activities Narrative Specifics: NA Application Narrative: Project Location and Existing Conditions This project is located on the Atlantic Intracoastal Waterway at 338 Seabreeze Blvd in Wilmington, New Hanover County. A single family residence with a driveway, sidewalks, fencing and a barn are currently on the site. The site is vegetated with typical 404 and coastal vegetation. One pond is located on the southern portion of the property. Davey Resource Group delineated the coastal and 404 wetlands, and the USACE approved the lines on August 31, 2023 and DCM on October 9, 2023. Water depths relative to MLW were surveyed by ESP Associates, Inc. on August 23, 2023 near the USACE channel and November 2, 2023 in the back marsh. MHW, property boundary, easements, and the wetland line survey were provided by Hanover Design Services, PA. The shoreline at MHW is 654 feet. South of the property is a riparian easement and an existing marina servicing the Oyster Bay HOA. North of the property are residential homes. Waters in the project area are classified as SA/ORW and are on the boundary of open/closed shellfishing due to the adjacent marina and Whiskey Creek. The area is classified as PNA. Proposed Action The applicant proposes three upland retaining walls that will measure 173 feet, 309 feet, and 71 feet long. The retaining walls avoid the 30 foot utility easement located on -site. The total backfill area will be 19,575 sf or 0.45 ac with a maximum fill of 2 feet. In order to provide the single family residence with water access, a pier is proposed to begin in the uplands just south of the on -site pond and measure 818 feet long by 6 feet wide. The fixed pier will measure 798 feet in length from MHW. To not restrict canoe and kayak access to the marsh complex north of the proposed pier, a 10 foot span elevated 6 feet above MHW is proposed at the deepest point (0.0' MLW). On the pier, a 14 by 12 foot gazebo is proposed. One floating dock measuring 32 by 8 feet is proposed and will have a temporary tie up slip for loading. Four boat lifts are proposed. Two lifts will measure 12.5 by 12.5 feet, and two will be larger at 16 by 14.5 feet. Two finger piers will lead to the lifts and measure 32 by 5 feet. Two small jet ski lifts measuring 7.7 by 12 feet are proposed landward of the gazebo. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. Boat Ramp Development Activity Included: False Shoreline Stabilization Development Activity Included: False Living Shoreline Development Activity Included: False Piers & Docking Facilities Development Activity Included: True Docking Facilities Details Facility Use # of Tie Pilings Existing Slips New Slips Private/Community 0 0 7 Piers & Docking Facility Structures Structure Type Length Width Quantity Boatlift 12 7.7 2 Fixed Piers 818 6 1 Fixed Finger Piers 36 5 2 Floating docks 32 8 1 Boatlift 12.5 12.5 2 Boatlift 16 14.5 2 Fixed Platforms 14 12 1 Freestanding Moorings & Buoys Associated With This Docking Facility Structures Consistent With Water Use Plan Existing Freestanding Moorings & Buoys Slips New Freestanding Moorings & Buoys Slips False Buoy Details: Moorings & Buoys Details Mooring or Buoy Distance From Shoreline I Arc of Swing Water Depth Excavation Development Activity Included: False Bridges & Culverts Development Activity Included: False Oceanfront Erosion Control Development Activity Included: False Temporary Structures Development Activity Included: False Utility Crossings Development Activity Included: False Freestanding Moorings, Buoys & Bird Nesting Poles Development Activity Included: False Log Removal/Marine Debris Development Activity Included: Yes/No Navigational Aids Development Activity Included: False Other Fill Below Water Level Development Activity Included: False Stormwater Structures Development Activity Included: False "Upland Development" Development Activity Included: True Upland Development Details # of Lots/Parcels Created Lots Platted & Recorded Date #Residential Units Units per Acre Area Size to be Disturbed (sq ft) Tract Has State or Local Approval 0 1/6/2021 1 1 19575 False Date Site Development Plan Submitted Date Sedimentation & Erosion Control Plan Submitted Impervious Coverage (% Within AEC) Impervious Coverage (% of Entire Tract) Project Includes Innovative Stormwate Design 0.00 False Energy Facilities Development Activity Included: False Aquaculture Development Activity Included: False Submerged Lands Mining Development Activity Included: False General Development Activity Details Required General Development Activity Questions These questions are applicable if 1 of the following development activities are included in the project (Boat Ramps, Freestanding Moorings, Buoys & Bird Nesting Poles, Piers & Docking Facilities, Temporary Structures, Living Shorelines, Shoreline Stabilization Submerged Lands Mining) Boat Type(s) I Typical Boat Length Other Boat Type (Describe) Open runabout; Sail boat; Personal water craft; 30 Jet ski Non -motorized; Other Adj Riparian Property Line #1 (Proximity of Adj Riparian Property Line #2 (Proximity of Adj Riparian Property Line #3 (Proximity of Structure Nearest to Property Line) Structure Nearest to Property Line) Structure Nearest to Property Line) 16 378 Width of Water Body Water Depth @ Waterward End of Water Depth @ Most Landward Water Depth @ Most Waterward Structure (NLW or NWL) Boat Slip (NLW or NWL) Boat Slip (NLW or NWL) 777 -13 1 -11 -13 Navigational Number of Number of Day Min Distance of Each Aid Placed Max Distance of Each Aid Placed Aids Required Buoys Markers Beyond Shoreline Beyond Shoreline False Marina Development Activity Details Required Ln © V J co w M co' ♦+ O vCC X O qq Q � 2 LLJ W coo d CL 0 a � N N � I Z N 0_ 'CN� ti o%ftwo _In 'a Rv=tif+ c Ir< cfl LLoU ' to > : o-i N _ O p p qt- Cc NO N oT- LL w 13 CL p CL C PIP Aw pimo C *0 0 Cc pabbloo = �v � v CL 3 c '� p 1c v CL w CL ---4 A C) o _ < co C� LLI M C Cl) 3 o N %ftwop p ~ ° ° z OG .LLJ N o L d o ,__ 0 L r E o , M �- IL U to From: Henson, Scarlett To: hoff.iamesCubamail.com; theres.hoffCabamail.com Cc: Grea Finch; Perry Caleb Kratsa; Hall. Bryan L; Luck. Cameron A Subject: [External] 338 Seabreeze Blvd CAMA Major Permit Application Date: Monday, February 5, 2024 4:14:37 PM Attachments: 338 Seabreeze Blvd CAMA Maior Aoolication Packet.odf CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Good afternoon Jim and Theresa, Caleb Kratsa is applying for a CAMA Major Permit for development activity on the property located at 338 Seabreeze Blvd, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. We made three attempts to notify you via certified mail at the following address: 2506 Royal Palm Lane Wilmington, NC 28409 As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Bryan Hall North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 You can also email him at B1:yan.L.Hall(4deq.nc.gov. Thank you, Scarlett Henson I Environmental Scientist Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452.0001 ext. 1906 1 M: 910.279.8348 1 F: 910.452.0060 DAVEY#-. Resource Group Visit our local office page AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Perry Caleb Kratsa 6316 MARYWOOD DR WILMINGTON, NC 28409 Phone Number: 910-279-3365 Email Address: pckratsa@gmail.com I certify that I have authorized Davey Resource Group Agent 1 Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: upland development docking facility and at my property located at 338 SeabreeZe Blvd in New Hanover County. 1 furthermore certify that 1 am authorized to grant, and do in fact grant permission to Division of Coastal Management staff, the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property Owner Information: Signature Print or Type Name 'F Title ❑ate This certification is valid through 12 131 12024 Electronically Transmitted U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2023-01726 County: New Hanover U.S.G.S. Quad: NC -Wrightsville Beach NOTIFICATION OF JURISDICTIONAL DETERMINATION Requestor: Perry Caleb Krasta Address: 6316 Marywood Drive Wilmington, NC 28409 E-mail: pckrasta(&i!mail.com Size (acres) 1_6 Nearest Town Wilmington Nearest Waterway Intracoastal Waterway River Basin Onslow Bav USGS HUC 03020302 Coordinates Latitude: 34.162665 Longitude:-77.852986 Location description: The project location is at 338 Seabreeze Blvd. generally located near Masonboro Loop Road in Wilmington. 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 map dated August 2023. 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 maybe 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. Page 1 of 2 Form Version 10 June 2020 updated SAW-2023-01726 ❑ 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 (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, 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 b rad.e.shaver(&u sace.armv. mil. C. Basis For Determination: Basis For Determination: See the preliminary jurisdictional determination form dated 08/31/2023. D. Remarks: This determination was made via desktop. 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) 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: Mr. Philip A. Shannin Administrative Appeal Review Officer 60 Forsyth Street SW, Floor M9 Atlanta, Georgia 30303-8803 Phone: (404) 562-5136 AND PHILIP.A. SHANNINgUSACE.ARMY.MIL SAW-2023-01726 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: Digitally signed by Brad J Shaver Brad S h a Ve r Date: 2023.08.31 12:32:09 -04'00' Date of JD: 08/31/2023 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 https://re u1�atOr,�.ops.usace.army.mil/customer-service-survey/. Copy Furnished(electronic): Davey attn: Anna Roddam Davey attn: Kim Williams uj a N oo ,L-. m m > a Y m U x a � 3: `o - e d C O C N f6 0 9 N z Z� 0o .w . N i Z C N O_ O Q.— a)0 .C... t/1 N C O ... � a mom- f/) C O O W t O L ' C T w Q to Z O C - E� QU E �. Lj E d Q- 2 p Q O EoU M. k., �a Y PK //. FROWN .n. ` _ _ _ _ ._ _ _ _ — /A � r n � x Y U (0 N — m U U Q c k LLJ Q Q 0 U U > U m co LO Lo I- m m m o I I I I I I w a LO LO N o U LO. o U N r U Lo M (0 t (.0 � \ N 'O CO m C N Q 2 > O O U _0 N 75 1 CL IZ p O O N C v U a J z z� 6 NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND REQUEST FOR APPEAL Applicant- Perry Caleb Krasta File Number: SAW-2023-01726 Date: 08/31/2023 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.miI/Missions/Civil-Works/Regulatory- 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. 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 If you have questions regarding the appeal process, may contact: or to submit your request for appeal, you may District Engineer, Wilmington Regulatory Division contact: Attn: Brad Shaver Philip Shannin Wilmington Regulatory Office Regulatory Appeals Review Officer U.S Army Corps of Engineers South Atlantic Division 69 Darlington Avenue 60 Forsyth St SW, Floor M9 Wilmington, North Carolina 28403 Atlanta, Georgia 30303-8803 Phil ip.A.Shan nin2a-usace.army.mi1 404-562-5136 SECTION 11 — 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: Telephone number: Appendix 2 - PRELIMINARY JURISDICTIONAL DETERMINATION (PJD) FORM BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR PJD: 8/31 /2023 B. NAME AND ADDRESS OF PERSON REQUESTING PJD: Perry Krasta, 6316 Marywood Drive Wilmington C. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington, 338 Seabreeze, SAW-2023-01726 D. PROJECT LOCATION(S) AND BACKGROUND INFORMATION: (USE THE TABLE BELOW TO DOCUMENT MULTIPLE AQUATIC RESOURCES AND/OR AQUATIC RESOURCES AT DIFFERENT SITES) State: NC County/parish/borough: New Hanover City: Wilmington Center coordinates of site (lat/long in degree decimal format): Lat.: 34.162665 Long.:-77.852986 Universal Transverse Mercator: 18 s 236996.10 m E 3783872.58 m N Name of nearest waterbody: Intracoastal Waterway E. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ■❑ Office (Desk) Determination. Date: 8/31/2023 ❑ Field Determination. Date(s): TABLE OF AQUATIC RESOURCES IN REVIEW AREA WHICH "MAY BE" SUBJECT TO REGULATORY JURISDICTION. Site number Latitude (decimal degrees) Longitude (decimal degrees) Estimated amount of aquatic resource in review area (acreage and linear feet, if applicable) Type of aquatic resource (i.e., wetland vs. non -wetland waters) Geographic authority to which the aquatic resource "may be" subject (i.e., Section 404 or Section 10/404) W1 34.162924 -77.853086 <0.1 ac Wetland Section 404 W2 34.162631 -77.852969 <0.1 ac Wetland Section 404 C 1 34.16274 -77.852925 0.2 ac Wetland Section 10/404 S 1 34.162639 -77.852959 0.1 ac Non -wetland Section 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 NWP 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: ■❑ Maps, plans, plots or plat submitted by or on behalf of the PJD requestor: 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: USGS Topographic 7.5 Minute- Wrightsville Beach 0 Natural Resources Conservation Service Soil Survey. Citation: GIS Soils Data New Hanover County ❑ National wetlands inventory map(s). Cite name: ❑ State/local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: .(National Geodetic Vertical Datum of 1929) ■❑ Photographs: ■❑ Aerial (Name & Date): NAPP 1998 Infrared Imagery; 2020 NC OneMap 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 later jurisdictional determinations. Digitally signed by Brad Shaver Bra S aver Date: 2023.08.31 11:42:53 -04'00' Signature and date of Regulatory staff member completing PJD DRG (Agent) Signature and date of person requesting PJD (REQUIRED, unless obtaining the signature is impracticable)' ' Districts may establish timeframes for requestor to return signed PJD forms. 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Here 3 ❑ Adult Signature Required $ El Adult Signature Restricted Delivery $ C3 slave F. $2. _.� T i��i ot{3fPaa�l�ge artd Feesru iT IM 23 I nJ ru O r%- 2/7/24, 9:25 AM The Davey Tree Expert Company Mail - 338 Seabreeze Blvd CAMA Major Permit Application DAVY� E. Henson, Scarlett <scarlett.henson@davey.com> 338 Seabreeze Blvd CAMA Major Permit Application 1 message Henson, Scarlett <Scarlett.Henson@davey.com> Mon, Feb 5, 2024 at 4:13 PM To: hoff.james@gmail.com, theres.hoff@gmail.com Cc: Greg Finch <gregory.finch@davey.com>, Perry Caleb Kratsa <caleb@cekra.com>, "Hall, Bryan L" <Bryan.L.Hall@deq.nc.gov>, "Luck, Cameron A" <Cameron.Luck@deq.nc.gov> Good afternoon Jim and Theresa, Caleb Kratsa is applying for a CAMA Major Permit for development activity on the property located at 338 Seabreeze Blvd, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. We made three attempts to notify you via certified mail at the following address: 2506 Royal Palm Lane Wilmington, NC 28409 As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Bryan Hall North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 You can also email him at Bryan.L.Hall@deq.nc.gov. Thank you, Scarlett Henson I Environmental Scientist Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452.0001 ext. 1906 1 M: 910.279.8348 1 F: 910.452.0060 0 Resource Group Visit our local office page 338 Seabreeze Blvd CAMA Major Application Packet.pdf 3785K https://mail.google.com/mail/u/O/?ik=4al 864a730&view=pt&search=all&permthid=thread-a:r-1835580783666872836&simpl=msg-a:r-5877896567267... 1 /1 2/7/24, 9:25 AM The Davey Tree Expert Company Mail - 338 Seabreeze Blvd CAMA Major Permit Application DAVY� E. Henson, Scarlett <scarlett.henson@davey.com> 338 Seabreeze Blvd CAMA Major Permit Application 1 message Henson, Scarlett <Scarlett.Henson@davey.com> Mon, Feb 5, 2024 at 4:10 PM To: ninahill@me.com Cc: Greg Finch <gregory.finch@davey.com>, Perry Caleb Kratsa <caleb@cekra.com>, "Hall, Bryan L" <Bryan.L.Hall@deq.nc.gov>, "Luck, Cameron A" <Cameron.Luck@deq.nc.gov> Good afternoon Nina, Caleb Kratsa is applying for a CAMA Major Permit for development activity on the property located at 338 Seabreeze Blvd, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. We made three attempts to notify you via certified mail at the following address: PO Box 6159 Kinston, NC 28501 As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Bryan Hall North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 You can also email him at Bryan.L.Hall@deq.nc.gov. Thank you, Scarlett Henson I Environmental Scientist Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452.0001 ext. 1906 1 M: 910.279.8348 1 F: 910.452.0060 0 Resource Group Visit our local office page 338 Seabreeze Blvd CAMA Major Application Packet.pdf 3785K https://mail.google.com/mail/u/0/?ik=4al 864a730&view=pt&search=all&permthid=thread-a:r6667795409670374323&simpl=msg-a:r-21258116057309... 1 /1 2/7/24, 9:26 AM The Davey Tree Expert Company Mail - 338 Seabreeze Blvd CAMA Major Permit Application DAVEY`� �• Henson, Scarlett <scarlett.henson@davey.com> 338 Seabreeze Blvd CAMA Major Permit Application Henson, Scarlett <Scarlett.Henson@davey.com> Mon, Feb 5, 2024 at 4:16 PM To: jmstegen@gmail.com Cc: Greg Finch <gregory.finch@davey.com>, Perry Caleb Kratsa <caleb@cekra.com>, "Hall, Bryan L" <Bryan.L.Hall@deq.nc.gov>, "Luck, Cameron A" <Cameron.Luck@deq.nc.gov> Good afternoon Mr. Stegen, Caleb Kratsa is applying for a CAMA Major Permit for development activity on the property located at 338 Seabreeze Blvd, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. We made three attempts to notify you via certified mail at the following address: 306 Seabreeze Blvd Wilmington, NC 28409 As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Bryan Hall North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 You can also email him at Bryan.L.Hall@deq.nc.gov. Thank you, Scarlett Henson I Environmental Scientist Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452.0001 ext. 1906 1 M: 910.279.8348 1 F: 910.452.0060 ram;, 0 Resource Group Visit our local office page 338 Seabreeze Blvd CAMA Major Application Packet.pdf 3785K https://mail.google.com/mail/u/O/?ik=4al 864a730&view=pt&search=all&permmsgid=msg-a:r-689375081841517593&simpl=msg-a:r-68937508184151... 1 /1 Zn OMCape Fear Public Utility Authority Stewardship. Sustainability. Service, February 22, 2024 Bryan Hall North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 To whom it may concern: Cape Fear Public Utility Authority appreciates NCDEQ and Davey Resource Group for sending the CAMA Major Permit for 338 Seabreeze Blvd to review. It appears the project will be utilizing the 30' utility easement for the proposed retaining wall, which we are requesting further clarification to the extent the easement will be impacted for the project. In addition, CFPUA is requesting a Hold Harmless Agreement on any encroachment into our easements to protect CFPUA from any damage due to installation or future repairs. If you have any questions regarding our comment, please call me at 910-336-6554 or email me or Beth Eckert at sydney.valliant@cfpua.org or beth.eckert@cfpua.org, respectively. Sincerely, ney Valliant Cape Fear Public Utility Authority Environmental Regulatory Specialist syd ney.va Ilia nt@cfpua.org (910)-336-6554 ROY COOPER Governor NORTH CAROLINA Ern iromncntal Onalitr April 8, 2024 StarNewsLegals@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Perry Kratsa ELIZABETH S. BISER Secretary TANCRED MILLER Director, Division ofCoastal Management Hello: Please publish the attached Notice in the Thursday, April 11, 2024 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Sincerely, Tanya K. Pietila Permitting Support & Customer Assistance cc: MHC Files Cameron Luck— MHC USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for development permits in Areas of Environmental Concern as designated under the LAMA: On April 3, 2024, Perry Kratsa proposed to install three (3) retaining walls and a seven (7) slip residential docking facility at 338 Seabreeze Blvd., adjacent to Masonboro .Sound in Wilmington, New Hanover County. Copies of these applications can be examined or copied at the office of Bryan Hall N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7423 during normal business hours. Comments mailed to Tancred Miller, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 2, 2024 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review & comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. 3/26/24, 3:47 PM The Davey Tree Expert Company Mail - CAMA Major Permit Application at 338 Seabreeze Blvd DAVEYfn Henson, Scarlett <scarlett.henson@davey.com> CAMA Major Permit Application at 338 Seabreeze Blvd Sydney Valliant <sydney.valliant@cfpua.org> Tue, Mar 26, 2024 at 3:27 PM To: "Henson, Scarlett" <Scarlett.Henson@davey.com> Cc: Greg Finch <gregory.finch@davey.com>, "Hall, Bryan L" <Bryan.L.Hall@deq.nc.gov>, Nicolette Fulton <Nicolette.Fulton@cfpua.org>, Mackenzie Coulter <Mackenzie.Coulter@cfpua.org>, Jeff Theberge <Jeff.Theberge@cfpua.org>, Beth Eckert <Beth.Eckert@cfpua.org> Good afternoon Scarlett, Thank you for reaching out regarding the CAMA Major permit for 338 Seabreeze Blvd that CFPUA has commented on. We have reviewed the updated plans and have determined that there is no longer a need for a hold harmless agreement seeing that the previously proposed retaining wall within the 30' utility easement has been removed from the plans. Thank you and feel free to reach out with any questions, Sydney R. Valliant Environmental Regulatory Specialist Cape Fear Public Utility Authority 0: 910-332-6554 1 C: 910-691-8797 637 Groundwater Way. Wilmington, NC 28411 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Henson, Scarlett <Scarlett.Henson@davey.com> Sent: Monday, March 25, 2024 1:18 PM To: Sydney Valliant <sydney.valliant@cfpua.org>; Beth Eckert <beth.eckert@cfpua.org> Cc: Greg Finch <gregory.finch@davey.com>; Hall, Bryan L <Bryan.L.Hall@deq.nc.gov> Subject: CAMA Major Permit Application at 338 Seabreeze Blvd https://mail.google.com/mail/u/0/?ik=4al 864a730&view=pt&search=all&permmsgid=msg-f:1794618212280265974&dsqt=1 &simpl=msg-f:1794618212... 1 /2 3/26/24, 3:47 PM The Davey Tree Expert Company Mail - CAMA Major Permit Application at 338 Seabreeze Blvd This Message Is From an Untrusted Sender Report Suspicious You have not previously corresponded with this sender. Good afternoon, We are contacting you in response to your letter dated February 22, 2024 to Bryan Hall (copied) at NCDEQ DCM to notify you of a change in the proposed development activities at 338 Seabreeze Blvd, New Hanover County, NC. The retaining wall that was previously proposed within the 30 ft utility easement has been removed from the plans. There will be no retaining wall proposed within the easement. See the attached figures and application for reference. The detailed upland plans are located on sheet 3 of 7. With this change, can you please confirm that a hold harmless agreement is no longer needed? Please let us know if you have any questions or comments. Thank you, Scarlett Henson I Environmental Scientist Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452.0001 ext. 1906 1 M: 910.279.8348 1 F: 910.452.0060 0AN1EY#- Resource Group Visit our local office page https://mail.google.com/mail/u/O/?ik=4al864a730&view=pt&search=all&permmsgid=msg-f:1794618212280265974&dsqt=1 &simpl=msg-f:1794618212... 2/2 4i L a S a) co .i [0 tL1 v N t+ °J O L E W m � d L •� CD nV W O Ln Ln a N v .o rn v c m a G� � O O G.I x a Z Ln a 4 � O v u ° u c v� U > o M L 9 a +r a 0 Its � N 4-a . O Q GU N c Major Permit Fee Schedule Project Name-�Fg Q 1� Lvc� County:" Check No & Amount: + 25a tW66o3z2-+q DCM % DWQ % Fee (14300160143510009316256253) (2430016024351000952341) Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas: II. Public orcommercial development that does not involve the tilling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas: III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: Ill(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied: III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied: 111(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applied: IV. Development that involves the filling and/or excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: Book 6658 Page 1369 BK: RB 6658 PG: 1369 - 1371 RECORDED: 08/18/2023 12:13:14 PM BY: ANDREA CRESWELL ASSISTANT NC FEE $26.00 2023020870 NEW HANOVER COUNTY, REAL ESTATE MORGHAN GETTY COLLINS REGISTER OF DEEDS EXTX $1770.00 ELECTRONICALLY RECORDED NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $1,770,00 Parcel Identifier No. R07206-007-007-000 Verified by County on the day of 20_ By: Mail/BOx to: Wilkerson Law, PLLC, 2030 Eastwood Rd, Unit 2, Wilmington, NC 28403 This instrument was prepared by: Wilkerson Law, PLLC, 2030 Eastwood Rd, Unit 2, Wilmington, NC 28403 Brief description for the Index: LOT 2, Subdivision Plat for Harkin Properties THIS DEED made this day of GRANTOR Sandra A. Harkin AKA Sandra S. Harkin, by and through Andrea M. Harkin as her Agent, by and through the Power of Attorney recorded in Book 6372 at Page 2187, New Hanover County Registry 534 Providence Drive Jefferson City, TN 37760 2013, by and between GRANTEE Perry Caleb Kratsa, married man 6316 Marywood Drive Wilmington, NC 28409 Enter in appropriate block for each Grantor and Grantee: name, mailing address, and, if appropriate, character of entity, e.g. corporation or partnership. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land or condominium unit situated in the City of Wilmington I Township, New Hanover County, North Carolina and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. The property hereinabove described was acquired by Grantor by instrument recorded in Book page All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 70 page 389 Page 1 of 2 NC Bar Association Form No. 3 © 1976, Revised © 1977, 2002, 2013 This standard form has been approved by: Printed by Agreement with the NC Bar Association — 1981 North Carolina Bar Association — NC Bar Form No. 3 submitted electronically by "Wilkerson Law" in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. Book 6658 Page 1370 TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, other than the following exceptions: 1. The lien ofthe 2023 Ad Valorem taxes, now due and payable; 2. Restrictions of record applicable to said lot; 3. Utility easements of record; and 4. Zoning and/or building and subdivision ordinances. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. (Entity Name) By: Print/Type Name & Title: Bv: Print/Type Name & By: Print/Type Name & D _ , a �L- a$KfQ S> C• (SEAL) Print//T N Sandra A Harken AKA Sandra S. Harkin ►s. PO by and through her Agent, Andrea M. Markin (SEAL) Print/Type Name: (SEAL) Print/Type Name: (SEAL) Print/Type Name: State of le1.INtt,. e, __ - County or City of KN OX I, the undersigned Notary Public of the County or City of 14NuC and State aforesaid, certify that KKtIn a S. Harkin- by her Agent, Andrea M. Harkinpersonally appeared before me this day and acknowledged the due executi( nth trument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this �l _ day of st••• , 2P 23 STATE OF C) My f'o rr}s i � a •%� �� o.i w Notary Public (AI Seal},• v tary's Printed or Typed Name PUBLIC • w State of'z I, e`er - County or City of Notary Public of the County or City of execution of the foregoing instrument for the purposes therein expressed. , 20_. My Commission Expires: (Affix Seal) and State aforesaid, certify that personally appeared before me this day and acknowledged the due Witness my hand and Notarial stamp or seal this day of Notary Public Notary's Printed or Typed Name State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally came before me this day and acknowledged that he is the of , a North Carolina or corporation/limited liability company/general partnership/limited partnership (strike through the inapplicable), and that by authority duly given and as the act of such entity, _he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this day of 20_. My Commission Expires: (Affix Seal) Notary Public Notary's Printed or Typed Name Page 2 NC Bar Association Form No. 3 © 1976, Revised © 1977, 2002, 2013 This standard form has been approved by: Printed by Agreement with the NC Bar Association — 1981 North Carolina Bar Association —NC Bar Form No. 3 Book 6658 Page 1371 EXHIBIT A. BEING ALL of Lot 2 (1.705 Acres), as shown, located and described on a map entitled, "Subdivision Plat Harkin Properties Map Book 62 Page 181", recorded in Map Book 70 at 389 of the New Hanover County Register of Deeds, North Carolina. DCM Coordinator: Cameron Luck County: DYNAMICS DISTRIBUTIO ? Y N Permit#: RO E-MAIL & DYNAMICS DISTRIBUTION SHEET Circle on : Bio Repo / Permit for: Oversize P t: DCM Offices: Morehead City: PT (if oversize) via USPS *cc Cam & Amanda on group email wl bio.narr.app.drawings, deed, comment sheet *MHC documents (Cam & Amanda) Wilmington: Original hard -copy ONLY USACE & DWR (wiro): Split Sheet Fee Chart (No recommendations) USACE Wilmington: nder & Carteret Co): PN, CL, Reports, Split Sheet _ use both ingtonNCREG@usace.army. miI (NH/BR): PN, CL, Reports, Split Sheet yeg Currey (NH/BR: PN, CL, Reports, Split Sheet Div of Water Resources: alley Snider - 401 (BR/NH): PN, CL, Reports, Split Sheet 401 (PN/ON — Surf City): PN, CL, Reports, Split Sheet Div of Water Resources: =ri*Mon'talv`7f6r Karen Higgins: PN, CL, Reports, Split Sheet phanie Goss hael Meilinger (training with Holley -- send all until further notice) Yarbara Dunn, barbara.menefee-dunn(adeg.nc.gov Marine Fisheries: .Kim Harding DCM PlannerlWiRO: MtreChristenbury Cultural Resources: J;F ere/nee Gledhill -Earley Environmental.Review(aDncdenr.aov_ Natural Heritage Prog. atural.Heritageaemail {new) NC DOT: �d Harris T Wildlife Resources: na Dunn w/Reports State Property Office: Walton: DEED Tnikie ,f Moser _ Wanda Hilliard, Real Property Agent (Bio Reports only)_ Shellfish Sanitation: 4Phil D'Angelis (Bio)/Shannondenkir (Py drew Haines _ DEMLR: "C .,stine Hall - Stormwater Section _ Dan Sams - Land Quality Section Public Water Supply: L- idi Cox City of Wilmington: 1 athryn Thurston Enforcement: �eld Rep: L;�AO (��ViiLe Co. LPO Agent: �Y DISTRIBUTED: (g MV0'e'o Updated 11-2023 CAMA/Shaun majors docs/e'Agency List From: Henson, Scarlett To: ninahilWbme.com Cc: Grea Finch; Perry Caleb Kratsa; Hall. Bryan L; Luck, Cameron A Subject: [External] 338 Seabreeze Blvd CAMA Major Permit Application Date: Monday, February 5, 2024 4:11:36 PM Attachments: 338 Seabreeze Blvd CAMA Maior Aoolication Packet.odf CAUTION: External email. Do not click links or open attachments unless verified. Report suspicious emails with the Report Message button located on your Outlook menu bar on the Home tab. Good afternoon Nina, Caleb Kratsa is applying for a CAMA Major Permit for development activity on the property located at 338 Seabreeze Blvd, New Hanover County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. We made three attempts to notify you via certified mail at the following address: PO Box 6159 Kinston, NC 28501 As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Bryan Hall North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 You can also email him at B1:yan.L.Hall(4deq.nc.gov. Thank you, Scarlett Henson I Environmental Scientist Davey Resource Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403 P: 910.452.0001 ext. 1906 1 M: 910.279.8348 1 F: 910.452.0060 DAVEY#-. Resource Group Visit our local office page 4/3/24, 7:52 AM USPS.com® - USPS Tracking® Results ALERT. 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