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HomeMy WebLinkAbout13-21 Oktavec, MichaelPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 Issued to Michael Oktavec, 213 Marsh Hen Drive, Wilmington, NC 28409 Permit Number 13-21 Authorizing development in New Hanover County at adj to Channel Haven Canal, at 213 Marsh Hen Dr., in Wilmington as requested in the permittee's application dated 10/5/20, including'attached workplan drawings (2), Drawings 1 and 2 of 2 both dated 10/8/20. This permit, issued on February 3, 2021 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void. Docking Facility Exnansion 1) This permit authorizes only the additional floating platform and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure,' whether floating onstationary, shall become a permanent part of this docking facility expansion without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the docking facility. Any sewage discharge at the docking facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Signed by the authority of the Secretary of DEQ and the Chair qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee Michael Oktavec Permit No. 13-21 Page 2 of 3 ADDITIONAL CONDITIONS 3) This permit authorizes two (2) additional formalized boat slips for a maximum of four (4) formalized boat slips. 4) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 5) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable waters at or adjacent to the authorized work. 6) The authorized structure and associated activity shall not cause an unacceptable interference with navigation and shall not exceed the dimensions shown on the attached permit drawings. 7) Should the lot to the west be sold prior to the initiation of construction of the docking facility, the permittee shall obtain a written agreement from the new owner(s) waiving the minimum setback, and authorization to construct the portion of the docking facility within the property owner's riparian rights, and submit it to the Division of Coastal Management prior to initiating construction of the docking facility. USACE Conditions 8) In order to further protect the endangered West Indian Manatee, Trichechus inanatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fNvs. ov/ralei h/pdfs/ManateeGuidelines20l7.pdf. General 9) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. 10) The permittee shall maintain the authorized work in good condition and in conformance with the terms and conditions of this permit. The permittee is not relieved of this requirement if he or she abandons the permitted activity without having it transferred to a third party. 11) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 12) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, 'approvals or authorizations that may be required. Michael Oktavec Permit No. 13-21 Page 3 of 3 ADDITIONAL CONDITIONS NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2020-02100). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2020-1885. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high water level. NOTE: An application processing fee of $250 was received by DCM for this project. DCM Coordinator: Curt Weychert County: Circle on( 'Bio Re Permit for: Oversize Plans sent: YA f/l Permit P 1VV WIRO E-MAIL DISTRIBUTION SHEET M&61,61 0 J&-NV-eV DCM Offices: Morehead City: PT (if oversize) via Courier 'cc Curt & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet _ 'MHC documents (Curt & Amanda) Wilmington: Original hard-copy�L ONLY USACE & DWR (w ro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: Carteret Co): PN, CL, Reports, Split Sheet _ use both ingtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet ��eg Currey (NH/BR: PN, CL, Reports, Split Sheet_ Div of Water Resources: VRobb Mairs - 401 (BR/NH): PN, CL, Reports, Split Sheet _ 401 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: en Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet _ — Marine Fisheries: \Anua�Daato me w/&do its � + DCMPlannerNViRO: MikeChristenbury_ Cultural Resources: 'vfter. Gledhill -Earley EnvironmentaLReviewata)ncdenr.gov_ Natural Heritage Prog. \Rocjaey Butler_ DCA-Rural Eco. Dev: Mark Ziegler_ NC DOT: �,71 Harris, — Wildlife Resources: Maria Dunn w/Reports _ State'Property Office: Tire Walton: DEED r hda i nda Hilliard„Real Property Agent (Bio Reports only) Shellfish Sanitation: _ 4eremy Humphrey (Bio) /Ss -(Pt) Gupton, Admin. DEMLR: 1#6h ' tine Hall - Stormwater Section n Sams - Land Quality Section _ Public Water Supply: Wei ' ox_ City of Wilmington: Thurston Zeld Enforcement: Rep: Co. LPO ✓� V14CLI ai vt'(cv Agent: DISTRIBUTED: Updated 09/04)20 CAMA/Shaun majors docs/e Agency List DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: MichaelOktavec PROJECT NAME: 213 March Hen Drive COUNTY: New Hanover LOCATION OF PROJECT: 213 Marsh Hen Drive, adjacent to Channel Haven canal, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD:11-16-20 FIELD RECOMMENDATION: Attached:: Yes FIELD REPRESENTATIVE: Amico DISTRICT MANAGERREVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE REC'D: 12-1-20 ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE: 1-30-21 To Be Forwarded: N/A DISTRICT OFFICE: WILMINGTON FEE REC'D: S250923573 END OF NOTICE DATE: 12-22-20 DEED REC'D: Yes 150 DAY DEADLINE: HOLDS: MAIL OUT DATE:11-25-20 STATE DUE DATE: 12-22-20 PERMIT FINAL ACTION: ISSUE DENY AGENCY DATE COMMENTS OBJECTIONS: YES NO NOTES DCM—Field Rep 1REgTURNgED�, 1 77 DCM—LUP Consistency Determination Local Permit Officer Corps of Engineers— Regulatory Branch DWR-401 Section DWR— Public Water Supply DEMLR— Stormwater DEMLR—Sedand Erosion DOA —State Property Office WildlifeResource sCommission IZ-) I 70 DMF — Shellfish Section 2 �) DMF— Habitat &Enhancement DNCR— Archives& History DNCR— Natural Heritage Program NCDOT NC Dept of Commerce (Z- RECOMMENDATIONS FOR Michael Oktavec 11/23/2020 Shoreline length =-105 LF x 8 SF/LF = 840SF (maximum allowable platform area) Existing access pier (8' x 8') = 28 SF (36 SF not counted due to access credit given) Existing floating dock (6' x 35')= 210 SF (not counted due to access credit given) Proposed floating dock (6' x 50') = 300 SF (not counted due to access credit given) l Total =28 SF It is the staffs recommendation that the expansion of the private docking facility, resulting in the additional incorporation of 300 SF of public trust waters, is CONSISTENT with the Rules of 15 NCAC 71-1.0208 (b) (6) Specific Use Standards for Piers and Docking Facilities. The application states that the expanded docking facilities would provide docking space for two (2) more vessels at this location for a total of 4 slips in water depths of 2.0' @ NLW. The proposed floating dock would be located over open water and within the applicant's western neighbor's riparian corridor setback, but the appropriate waiver has been obtained and provided. This office has no objection to the proposed work, provided it is consistent with all other state and federal permitting requirements. it recommended that any permit issued should include standard conditions for docking facilities. ROY COOPER t Gorcmor MICHAEL S. REGAN SeCre/nn' E:ORiH CAROM.', BRAXTON DAVIS G Director, Dirirlo+t ofComml Gn'iroam+nlal G•taliio Mmrngement November 25, 2020 MEMORANDUM.• FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.weychertONCDENR cov SUBJECT: CAMA Applicant: Michael Ocktavec Project Location: 213 Marsh Hen Drive, adjacent to Channel Haven canal, in Wilmington, New Hanover County. Proposed Project: Proposal to expand a private docking facility by increasing the slip count from two (2) to four (4) boat slips within the riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and retum this form to Curt Wevche►t at the address above by December 22, 2020. If you have any questions regarding the proposed project, contact Patrick Amioo at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: _ C� This agency has no objection to the project as proposed. "Additional comments may be attached" . This agency has no comment on the proposed project _ This agency approves of the project only if the recommended changes are Incorporated. See attached. This agency objects to the project for reasons described in the attached comments, PRINT NAME LtnJct. C AGENCY /jaw 1+owidged I UunTL SIGNATURE GV1at o- s e, 1. Ma. Stale ofNmt4 Cemlina I rmim®emnl Quality I Cmstalm mgammt 127 Cardinal Drive Ekt, Wilmington, NC 2MS 919196 7215 RECEIVED DEC 16 1020 MP SECTION DCM - MHD CITY '..w • ROY COOPER .,. Govemor T q TT(( MICHAEL S. REGAN Secrerary W.r BRAXTON DAVIS NORTH CAROLINA Director, Division ofCoaaral Enrirunmenrol0whi), Management November 25, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits'Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt.wevchert(a)NC DE N R. gov SUBJECT: CAMA Applicant: Michael Ocktavec, Project Location: 213 Marsh Hen Drive, adjacent to Channel Haven canal, in Wilmington, New Hanover County. Proposed Project: Proposal to expand a private docking facility by increasing the slip count from two (2) to four (4) boat slips within the riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by (December 22, 2020j If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins gGENCY NC DMF - Shellfish Sanitation & Recreational Water Quality RECEIVED SIGNATURE cu_ �i<tlruifi2 au_ for Shannon Jenkins DEC 11 2020 DATE 12/11/2020 MP SECTION DCM - MHD CITY State ofNonh Carolina I Environmental Quality I Coastal Managemrnt 127 Cardinal Drive Ezt, Wilmington, NC 28405 919 796 7215 Weychert, Curtis R From: Sams, Dan Sent: Tuesday, December 1, 2020 12:58 PM To: Weychert, Curtis R Cc: Pietila, Tanya K Subject: RE: CAMA Major Application: 526 South Lumina, LLC 526 South Lumina, LLC: No comment Double L Holdings, LLC: No comment Aviron HOA: No comment Scott and Lisa Diggs: If high ground activity exceeds one acre, erosion & sediment control and stormwater applications and approvals are manitory. Anthony Dombroski III: No comment Robert Barnhill: No comment Oyster Harbour Homeowners Association, Inc.: No comment Tara Nucci: No comment Kurt & Anna Taylor: No comment James Brady: No comment Kerry Svoboda: No comment Lisa and Ned Danieley: No comment Rodney Clark: No comment Peter and Carole Kozloski: No comment Michael Oktavec: No comment dan.sams From: Weychert, Curtis R Sent: Tuesday, December 1, 2020 11:40 AM To: Sams, Dan <dan.sams@ncdenr.gov> Subject: FW: CAMA Major Application: 526 South Lumina, LLC Hey Dan, I was checking my file and I didn't see any comments from your agency on this project. I looked through my emails and didn't see anything, but I may have overlooked something accidently. I just wanted to make sure that I didn't make any permit decisions without getting the DEMLR comments. Thanks, Curt Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt. WevchertCa)ncdenr. aov 400 Commerce Ave Morehead City, NC 28557 ,«„«. ROY COOPER Governor = MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Director, Division ojComial Ervit'onmental Oaalig. Management November 25, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(a)NCDEN R.gov SUBJECT: CAMA Applicant: Michael Ocktavec Project Location: 213 Marsh Hen Drive, adjacent to Channel Haven canal,, in Wilmington, New Hanover County. Proposed Project: Proposal to expand a private docking facility by increasing the slip count from two (2) to four (4) boat slips within the riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by becetnber 22,, 20 In If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY SIGNATURE DATE Public Water Supply 12-1-20 State of Carolina [ Environmental Quality � Coastal Management 127 Cardinal Drive Ezl, Wilmington, NC 28405 919 796 7215 RECEIVED DEC 01.1010 MP SECTION DCM - MHD CITY •�..,,+ ROY COOPER MICHAEL S. REGAN �• .1e<ttlm}• BRAXTON DAVIS ?.`F'Y :7V•!a Direcmr, Di'mm, ofCoaaal .. Afmiagrmeur November 25, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11.12.09) cu rt.wevche rtaNCDENR.aov SUBJECT: CAMA Applicant: Michael Ocktavec Project Location: 213 Marsh Hen Drive, adjacent to Channel Haven canal, in Wilmington, New Hanover County. Proposed Project: Proposal to expand a private docking facility by increasing the slip count from two (2) to four (4) boat slips within the riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by Degem6er 22,,.2020 F If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. 2 proposed slips and 2 existing totaling 4 PRI_NT`NAME Wanda Hilliard AGENCJI Statd Property r RECEIVED SIGNATURE DEC 2 9 2020 DATE December 23, 2020 MP SECTION DCM - MM CITY Stec ofNonh Carolina' Environmental Quality l Coastal M.inagement 127 Cardinal DH t Evf, Wilmington, NC 29405 919 796 7215 • ROY COOPER f)O,'aT09!' F* MICHAEL S. REGAN BRAXTON DAVIS I nnYarq :Jnvs:m nff ixund 1/Dirr}4'ak9;l November 25, 2020 MEMORANDUM: - FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchertonNCDENR.00v SUBJECT: CAMA Applicant: Michael Ocktavec Project Location: 213 Marsh Hen Drive, adjacent to Channel Haven canal, in Wilmington, New Hanover County. Proposed Project: Proposal to expand a private docking facility by increasing the slip count from two (2) to four (4) boat -slips within the riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by December 22, 2020. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. . REPLY: , This agency has no objection to the project as proposed. "Additional comments may be attached" _ This agency has no comment on the proposed project. This agency approves of the project only If the recommended changes are Incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME iM AGENCY N L Of Of, t9 7 Go rA rN we t. SIGNATURE' M � e, C, ✓ RECEDED DATE 1 I �� n DEC 2.1 2020 MP SECTION Stem ofNon6 Car0Ga2 I Fnviroomental QaailY I Coastal Management DCM - MHD CITY 127 Cardinal Driw Fz ., wilmington, NC 29405 919796 7215 ." ROY COOPER Governor }' s 3 MICHAEL S. REGAN Secretary BRAXTON DAVIS NORTH CAROLINA Director, Dirision ofCoonal Em ironalanhd OuaIny Management November 25, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt.wevchert(cil NCDE N R. gov SUBJECT: CAMA Applicant: Michael Ocktavec Project Location: 213 Marsh Hen Drive, adjacent to Channel Haven canal, in Wilmington, New Hanover County. Proposed Project: Proposal to expand a private docking facility by increasing the slip count from two (2) to four (4) boat slips within the riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Weychert at the address above by December 22, 2020. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATl1RE DATE 12/29/2020 r�p State ofNonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drivc Exl, Wilmington, NC 29405 919 796 7215 ^., ROY COOPER tin ........ i MICHAEL S. REGAN uw: tan BRAXTON DAVIS November 25, 2020 1 23 g�,, `6 tia�o3; MEMORANDUM.' ti DEC �p2D " , A i FROM: Curt Wevchert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management N 3 400 Commerce Avenue, Morehead City, NC 28557 1-12 09) curt.wevchertCc9NCDENR.gov SUBJECT: CAMA Applicant: Michael Ocktavec Project Location: 213 Marsh Hen Drive, adjacent to Channel Haven canal, in Wilmington, New Hanover County. Proposed Project: Proposal to expand a private docking facility by increasing the slip count from two (2) to four (4) boat slips within the riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by December 22, 2020, If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" _ZThis agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY NGt,1R( SIGNATURE sLFi► DATE State ofNort6 Carolina l Ewimnmental Quality l coastalMxnagenmt 127 Cardinal Driw EeL, WilmingwN NC2g4M5 9197967215 DocuBgn Envelope ID: 73C637D4-2363-4629-8B73-A530A5662DO4 f ROY COOPER clm m MICHAEL S. REGAN Secretary S. DANIEL SMITH Dfnac w Michael Ocktavec 213 Marsh Hen Drive Wilmington, NC 28409 NORTH CAROLINA orv6amaarmf �Y January 22, 2021 Subject: No Written Approval Required 213 Marsh Hen Drive —Wilmington, NC 28409 Dear Mr. Ocktavec: DWR # 2020-1885 New Hanover County )Ott" a - "w The Division of Water Resources (DWR) has received a copy of your CAMA Major application request dated received by this office on November 25, 2020. DWR issues approval in the form of a Water Quality Certification (WQC) in conjunction with the CAMA Major Permit and General Permit(s) 198000291 or 197800056 issued by the US Army Corps of Engineers (USAGE). This Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues it. In accordance with the attached General Certification #4175 (GC 4175), the impacts described in your application do not require written authorization to utilize GC 4175. However, you are required to follow the conditions listed in the attached certification. You should get or otherwise comply with any other federal, state and local requirements before you go ahead with your project including (but not limited to) erosion and sediment control regulations. This Certification can be contested as provided in Articles 3 and 4 of General Statute 150E by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the fazed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.): D � North Carolie ionartmeM of Environmental Quality Division I WimiWatrr Resources Wilmington Regional Office 1127 Cardinal Drive Extension I Wilmington North Carolina 28405 910.796.7215 Docusign Envelope ID: 73C637D4-2363-4629-8B73-A530A5662D04 213 Marsh Hen Drive - Wilmington, NC 28409 DWR# 20201885 Page 2 of 2 Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: RECEIVED William F. Lane, General Counsel ]AN 2,:2 1011 Department of Environmental Quality 1601 Mail Service Center MP SECTION Raleigh, NC 27699-1601 DCM - MHD CITY This letter completes the review of the Division under section 401 of the Clean Water. Please contact Tyler Benson at 910-796-7336 or tyler.benson cbncdenr.gov if you have any questions or concerns. Sincerely, E oocusisnea nv3ADlDC Morella Sanchez -King, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 4175 cc: Curt Weychert, DCM Morehead City Office, EC Greg Currey, USACE Wilmington Regulatory Field Office, EC Jimmy North, Consultant, EC DWR 401 & Buffer Permitting Branch file-LF WiRO U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2020-02100 County: New HanoverCounty U.S.G.S. Quad: Wrightsville Beach GENERAL, PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Michael Okmvec RECEIVED Address: 213 Marsh Hen Drive Wilmington NC.28409 Telephone Number: JAN 18 2021 1 Size (acres) Channel Haven Canal Nearest Town Wilmington MP SECTION Nearest Waterway Onslow Bay RiverBasm Onslow Bay DCM - MHD CITY USGS HUC 03020302 Coordinates Latitude: 4.1519 Longitude:-77.8649 Location description: The site is located in Channel Haven Canal at213Marsh Hen Drive inWit mington New Hanover County. NC. Description of project areaandactivity: The uroposal is to add a 50 feet by 6 feet floating dock ad 6acent to an existing floating dock. increasing the slip count at this dock from two (2) to four (4). Applicable Law: ❑ Section 404 (Clean Water Act, 3 3 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Numberand/orNationwidePermit Number: 197800056 Special Condition: In orderto further protect the endangered West Indian Manatee, Trichechus maretus, the applicant must implementthe U.S. Fish and Wildlife Service's Manatee Guidelines, and strictlyadhere to all requirements therein. The guidelinescanbefoundathttli://www.fws.gov/nLes/mammal/manatee guidefnes.pdE SEEATTACHED RGP GENERAL AND SPECIAL CONDITIONS Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached conditions and yoursubm itted application and attached drawings dated October8, 2020. 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 penahy,and/orappropriate legal action. This verificationwi0 remain valid untilthe expiration date identified below unless thenationwide and/or regional general permit authorization ism odified, suspended or revoked. If, prior to the expiration date identified below, then at ion wide and/or region a I genera I perm it authorization is reissued and/ormodified this verification will rem a in valid untilthe expiration date identified below, provided it complies with all requirements of the modifiednationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such thatthe activity would no longer comply with th e t erms an d conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance uponthenationwide and/or regional general permit, will rem a in authorized provided the activity is c o m pleted with in twelve months of the date of thenationwide 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. Activ ities subjectto Section 404 (as indicated above) may also require an individual Section 401 Water Qua lity Cert ific at ion. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurringwith in the twenty coastal counties subject to regu la don under the Coastal Area Management Act (CAMA), priorto beginning work you must contact the N.C. Division of Coastal Management in Wilmmgton,NC, at(910)796-7215. This Department of the Army verification does not relieve the permittee of theresponsibility to obtain any other re q u ired Fed era], State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Penn it, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or at Greaorv.E.Currev a),usace.army.mil. CURREY.GREGORY. Diyivny,i9awny EUGENE.10510119 EUPPEY.GHEGOPVEUGENEI8518 1950 Corps Regulatory Official: _50 Datc20314138103355 05'CO' Date: January28.2021 Expiration Date of Verification: December31.2021 A. Determination of Jurisdiction: 1. ❑ There are waters, including wetlands, on the above described project area that maybe subject to Section 404 ofthe Clean WaterAct (C WA) (33 USC § 1344) and/or Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403). This prelim inary determination is not an appealable action underthe Regulatory Program AdministrativeAppealProcess (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contactingtheCorps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to requestan appeal of an approved JD, the appeal mustbe received by the Corps and theappeal process concludedpriorto the commencement of any work in waters of theUnited States and priorto any work that could alterthe hydrology ofwaters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subjecttothe permit requirements of Section 10 ofthe Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean WaterAct (C WA) (33 USC § 1344). Unless there is a change in the law or ourpublished regulations, this determination maybe relied upon for a period notto exceed fiveyears from the date ofth is notification. 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 WaterAct (C WA) (33 USC § 1344). Unless there is a change in the law or ourpublished regulations, this determ ination maybe relied upon for a period not to exceed five years from the date of this notification. 4. ® Ajurisdictiondetermination 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 contactingthe Corps for further instruction. 5. ❑ The aquatic resources within the above described projectarea have been identified under a previous action. Pleasereference the approvedjurisdictional determination issued . Action ID: SAW- B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/detemninationhas been conductedto identify the lim its of Corps' Clean WaterActjurisdiction forthe particularsite identified in this request. The delineation/determination may notbe valid forthc wetland conservation provisions of the Food Securiy Act of 1985. If you oryourtenant are USDA Program participants, or anticipateparticipation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, priorto starting work. E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may requestan admin istrative appeal under Corps regulations at3 3CFRPart331. Enclosed you will find a Notification ofAppeal Process (NAP) fact sheet and Request forAppeal (RFA) form. Ifyou request to appealthis determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division RECEIVED Attn: PhilipShannin, Appeal Review Officer 60 Forsyth Street SW, Room 1 OM 15 Atlanta,Georgia 30303-8801 jAN 2 8 2021 MP SECTION DCM - MHD, CITY Phone: (404) 562-5137 In order for an RFA to be accepted bythe Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under3 3 CFR part 3 31.5, andthat it has been received by the Division Officewithin 60 days ofthe date ofthe NAP. Shouldyou decide to submit an RFA form, it must be received at the above address by It is not necessary to submitan RFA form to the Division Office ifyou do notobjectto the determination in this correspondence. CURREY.GREGOR 1 •E Digitally signed by CURREY.GREGORY.EUGENE.105101195 Corps Regulatory Official: UGENE.1051011950 Date: 2021.01.2810:34:01-05'00' Gregory Currey DateofJD: Expiation Date DOD: 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 http://corpsmapu.usace.arrny.miYcm apex/f?p=136:4:0. Copies fumishedby email: Jimmy North Curt Weychert (NC DCM) Patrick Am ico (NC DCM) Robb Mairs (NC DWR) RECEIVED JAN 2 8 2011 MP SECTION DCM - MHD CITY Action ID Number: SAW-2020-02100 Permittee: Michael Oktavec Project Name: 213 Marsh Hen Drive/Michael Oktavec Date Verification Issued: January 28, 2021 Project Manager: Gregory Currey County: New Hanover County 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: Gregory Currey 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. RECEIVED JAN 2 81011 MP SECTION DCM - MHD CITY Signature of Permittee Date Fur UN U f1 9.1\ 1 I To: Curt Weychert From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Michael Oktavec, Wilmington, New Hanover County Date: February 4, 2021 Consistency Determination: This project.appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan. The applicant proposes to expand a private docking facility on the parcel with a new floating dock, increasing the slip count by two, for a total of 4 boat slips within the riparian corridor. The project is located at 213 Marsh Hen Drive in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW-ORW and PT. Waters at the project site are classified as SA and not open to the harvesting of shellfish. The area is Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection while the AECs impacted by the work are classified as Conservation. In general, Wilmington -New Hanover County allows development in Conservation classified AECs, which is consistent with the State's minimum use standards. The 2006 Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan Cc: File RECEIVED FEB 04 2021 MP SECTION DCM : MHD CITY NORTH CAROLIM, C' nvironmenlal Oualut November 25, 2020 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(cDNCDEN R.aov SUBJECT: CAMA Applicant: Michael Ocktavec ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Dlreclor, Division ojCo nal Management Project Location: 213 Marsh Hen Drive, adjacent to Channel Haven canal, in Wilmington, New Hanover County. Proposed Project: Proposal to expand a private docking facility by increasing the slip count from two (2) to four (4) boat slips within the riparian corridor. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by December 22, 2020. If you have any questions regarding the proposed project, contact Patrick Amico at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** This agency has no comment on the proposed project. PRINT NAME AGENCY SIGNATURE DATE This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. State of North Carolina I Environmental Quality i Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 919 7% 7215 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Michael Oktavec 2. LOCATION OF PROJECT SITE: Site is located at 213 Marsh Hen Drive, adjacent to the Channel Haven canal, in Wilmington, New Hanover County. Lat: 34.152051 N Long:-77.864821 W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 10/29/2020 Was Applicant Present —No S. PROCESSING PROCEDURE: Application Received — 11/16/2020 (complete) Office —Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan— Wilmington - New Hanover County Land Classification From LUP— Residential, Conservation (B) AEC(s) Involved: PTA; EW (C) Water Dependent: Yes. (D) Intended Use: Private Community (E) Wastewater Treatment; Existing- Municipal Sewer Planned- N/A (F) Type of Structures: Existing-. single family residence, bulkhead, platform on uplands, fixed pier:and floating dock Planned- construct floating dock expansion to accommodate 2 additional slips for a total of 4 slips on the property (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) 300 SF (B) Non -Vegetated Wetlands (Open Water) additional incorporated PTA (C) Other- Highground disturbance (D) Total Area Disturbed: 300'ftl'(0:006 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No B. PROJECr SUMMARY: The applicant proposes to expand a private docking facility on the parcel with a new floating dock,increasing the slip count by 2, for atotal of boat slips within the riparian corridor. Michael Oktavec Page 2 9. PROJECT DESCRIPTION The pr'oject site is located at 213 Marsh Hen Drive, on the Channel Haven Canal, in Wilmington, New Hanover County. The property of interest is approximately 0.36 acres in size, and contains approximately 105 LF of shoreline which is stabilized by an existing timber bulkhead. The property contains a single family residence, and the vegetation consists primarily of ornamental shrubs, landscaping, and turf grass. The property elevation averages approximately 10 ft. above mean sea level. Vegetation on the property consist primarily of live oaks, ornamental shrubs, landscaping and turf grass. A search of CAMA permit history has determined that in 2007, a previous property owner obtained CAMA General Permit 49141D for construction of a bulkhead and original docking facility. In 2008, a different previous property owner obtained CAMA General Permit 51318D to replace the bulkhead in the same footprint. In 2018, the current property owner obtained CAMA General Permit GP-70878 to construct a 6' x 18' section of floating dock. The property contains an existing private docking facility with two existing slips. Immediately landward of the bulkhead in the northeastern corner of the property there is an existing upland decking area (8' x 32'). From the same comer of the property, a fixed access pier (8'x8') extends waterward from the bulkhead, and from the western side of the access pier, a gangway extends parallel to the shoreline, leading down to a 6' x 35' floating dock which is oriented parallel to the existing bulkhead. The 2016 New Hanover County CAMA Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Watershed Resource Protection Area. The waters of the canal are classified SA by the Division of Water Quality. They are designated as a Primary NurseryArea (PNA) by the N.C. Division of Marine Fisheries and are CLOSED to the harvest of shellfish. PROPOSED PROJECT The applicant proposes to expand a private docking facility on the parcel with a new floating dock, increasing the slip count by 2, for a total of boat slips within the riparian corridor. For this proposal, the applicant is proposing to construct an additional floating dock (50"x 6')';extending_in a westerly direction from the existing floating dock, parallel to the shoreline. According to the application'materials, the proposed floating dock would serve as two additional slips, at water depths ranging from O.S' @ NLW on t_he landward side of the floating dock to 2.0' @ NLW on the waterward side of the floating dock (See Drawing 1 of 2). These water depths were verified by NC DCM staff on site. As proposed, the facility expansion would encroach on the western (209 Marsh Hen Drive)15 ft. riparian corridor setback, but the appropriate setback waiver has been obtained." 10. ANTICIPATED IMPACTS The proposed docking facility would extend 9 ft. ,into a waterbody measuring approximately 50 ft. across which would meet the''/<width distance. The proposed structures would incorporate an additional 300 sq. ft. of public trust area and estuarine waters. According to. the application materials, the docking facility would be located approximately 4 ft from a docking facility to the west, and 9ft from aprivate docking facility to the east. The proposed facility would provide dockage for two (2) more vessels for a total of four (4) vessels in water depths of approximately 2.0' at NLW. Minor increases in turbidity should be expected during the construction. Submitted by: Patrick Amico Date: November 23 2020 Office: Wilmington RECEIVED 7 OCT 27 2020 DCM WILMINGTON, NC l �i `i'_O_l.:y ei `O_`!� _.LX O� �GS _ 9 /on�S�ea vcL [ , / 5C .S O r X-iJ i2 inD APPLICATION for Mayor Development Permit (last revised 12127/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1, Primary Applicant/ Landowner information Business Name Project Name (if applicable) Applicant 1: First Name a C MI Last Name �1 (Dk IQ Jc Appkant 2: First Name MI Last Name Haddldaral applicants, please attach an additional pages) wlM names listed. Mailing Address PC Box - Ctty State ZIP Syo9 Country u _ T'11/0- hone No. 59(r3 65 FAX No. Street Address (ddifferent/rom above) City State ZIP Email / CLQGt/ g000.0eC 112 Sr-i0!./1C0 �l 2. Aylsnt/Con(ractbr %n/pnt>Ial(n Business Name Agent/ Contractor is First Name MI Last Name Agent/ Contractor 2: rst Name MI Last Name Melling Address PC Box City State ZIP PSNo 3 Phone No. 1 LI'/o -;-3/ 85/y ext. Phone No. 2 ed. FAX No. Contractor # Street Address (f d flerent from above) City State ZIP Email � � iHtt Y1rvo✓YL—.Cu. S/4ar/•Ce✓ti <Form continues on bacb rvECENED OCT 2 7 2020 252-808.2608 1.888-4RCOAST .. www.nceoastalmanagem}4p�L, -r.,r, , l';4 Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3 Project Loceflon County (can be multiple) Stre�Address State Rd. 1f Pw (-la..�oosr a/su ('f e.-� I✓/. Subdivision Name (2k4 p�J City State Zip Phone No. Lot No. (a) (Nmany, attach additional page with list) 9/0- SS5 - sN65 ext. I , "1- 5y a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project / co e �f'o r cho�'�f Noe.>� c4No c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. []Natural EdMarrmade ❑Unknown f4450N bore ,Sdu'OI e. Is proposed work within city limits or planning jurisdiction? I. N applicable, list the planning jurisdiction or city limit the proposed Yes ❑No work falls within. / � e eJ; r+r...g ry � N 4. Site Description a. Total length of shoreline on the tract (ft.) ' b. Size of entire tract (sq.tL) /a >) /s6s2 ss'F/' c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) /O I S Do - / ( o0 o SS{y (I) many lot sizes, please attach additional page with a list) taNHW or ❑NWL e. Vegetation on bad / La /-iAc4io ro/ I. Man-made features and uses now on tract ry I Iou NpuSC'� / g. Identify and describe the existing land uses adiacent to the proposed project site. (`ems"de, ia( use h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? ! _er /VI a / v rJ (Attach zoning compliance certificate, if applicable) �r°5 .Yes ❑No ❑NA j. Is the proposed activity pad of an urban waterfront redevelopment proposal? []Yes RNO k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes Wo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes U1810 ❑NA National Register listed or eligible property? <Form continues on next page> RECEIVED OCT 2 7 2020 3a3-608.2808 .. i-888-4RCOA8T .. www.nccoastalmonagament.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. () Are there wetlands on the site? []Yes RNo (11) Are there coastal wetlands on the site? ❑Yes Mlo (III) If yes to either (i) or (ii) above, has a delineation been conducted? ❑Yes []No (Attach documentation, it available) n. Describe existing wastewater treatment facilities. CIDC'J/7 Sewe. o. Describe existing drinking water supply source. CFPUA- p. Describe existing storm water management or treatment systems. /r SU 44CG PU�0-+-F 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public(Govemment (7 ; )&Ur= j$Prtvate(Community b. Give a brief description of purpose, use, and daily operations of the project when complete. /4//6 -> Jot: 0,5 -Poi b-aI/s. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. �S 3�10/rp Ow> Si e r�l0-'dC�oo d. list all development activities you propose. / -� 1..(Y;" do C c X, q& I1 o. S e. Are the proposed activities maintenance of an existing project, new work, or both? r�Fw wO��c I. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or [:)Acres (�ONL g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes o DNA that the public has established use of? It. Describe location and type existing and proposed discharges to waters of the state. ��off f>(Ae e Cun o -C I. Will wastewater or storrnwater be discharged into a wetland? ❑Yes Eallo DNA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA j. Is there any mitigation proposed? ❑Yes SNo ❑NA If yes, attach a mitigation proposal. <Form continues on bacio RECEIVED OCT 9 7 2020 252.8J8.28u`8 .. 1-883-4RCOAtST .. vnww.nccoastalmar.agament.nat .. Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Addhlonal Mtonnation in addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (f) are always applicable to any major development application. Please consult the application Insbuotion booklet on how to properly prepare the required Items below. a. A project narrative. b. An accurate, dated work plat (including plan new and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A she or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENA. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. u5 5 S - Phone No. Address (7 Mo. sLm li—le-,• 7 r ° /nin 3t/a AJ C `1lbfo 4 }-� ems, Phone No. Name %Vea�MtA,b /rA(/�Y"P�rr-e T '/ Address A- i )-'-a,S(+ Phone No. Name Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permtttee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. J. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10),rf necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7 Certification and PennleWan to Enter on Land I II I understand that any permit issued In response to this application will allow only the development described in the application The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date SAt o Print Name Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ❑DCM MP-3 Upland Development J09CM MP-4 Structures Information OCT 2 7 2020 252.808-2808 41 1•888-ARCOAST .. www.nccoastalmanagarmemt.nzt Form DCM MF-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITYWARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment Orivate/Communily ❑This section not applicable b. (i) Will the facility be open to the general public? ❑Yes 5iIlo c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? []Yes %No (ii) Number r If Yes: r (iii) Length y (it) Number (iv) Width (ii) Length (v) Floating SRYes []No (iv) Width (v) Floating ❑Yes []No e. (i) Are Platforms included? ❑Yes SNo f. (i) Are Boatlifts included? []Yes Oo If yes: If yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating []Yes ❑No Note: Roofed areas are calculated from drfpline dimensions. g. (i) Numb�ler of slips proposed h. Check all me types of services to be provided. d. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ( wet slips') only, number of slips: _ ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: _ ❑'Other, please describe: -f- 2 ' I. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., open runabout, Land cut and access channel charter boats, sail boats, mixed types). [-]open water, dredging for basin and/or channel �' (d boc.Ys ❑Open water; no dredging required ❑Other; please describe: k. Typical boat length: �D r I. (i) Will the facility be open to the general public? []Yes 090 m. (i) Will the facility have tie pilings? ❑Yea 01,10 - (i) If yes number of fie pilings? OCT 2 7 P020 252-808-2808 I: 1.888dRCOAST :: www.nccoastalmanactament.ne! -- revised. 12,2T 06"` Form DCM MP-4 (Structures, Page 2 of 4) Z DOCK/NG FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: _; Location: A2//1 ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. Iu/t8- c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. () Give the location and number of *No Sewage Discharge' signs proposed. (ii) Give the location and number of'Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? /y�1� h. Give the number of channel markers and 'No Wake' signs proposed. --14 i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? � w I. If this project is an expansion of an existing marina, what types of services are currently provided? All Ad m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes XNo OCT 2 % ZOZO 282-808•Z808 :: 1.888-4RCOAST :: wwkv.nccoastalmanaaamani.ne+. 'revised: 12i27'4o Form DCM MP-4 (Structures, Page 3 of 4) n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? [_]Yes �Ao o. Is the marina/docking facility proposed within or adjacent to coastal wetlandstmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or oche wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑cw N f$ ❑snv _ ❑SB _ ❑WL _ None p. Is the proposed marina/docking facility located within or within dose proximity to any shellfish leases? []Yes Mo If yes, give the name and address of the Ieaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (mcluding covered lifts) 04his section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑Private/Community (ii) Number (III) Length _ (iv) Width . Note: Roofed areas are calculated from drfpline dimensions. 4. GROIN (e.g., wood, sheelpile, etc. If a rock groin, use MP--2, Excavation and Fill.) gThts section not applicable a. (i) Number (it) Length (iii) Width 15. BREAKWATER (a,g., wood, sheetpfle, etc.) 2f-T his section not applicable a. Length c. Maximum distance beyond NHW, NWL orwetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS C3Vl S section not applicable a. Is the structure(s): ❑Commercial ❑PublidGovemment ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present e. Arc of the swing 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) OCT 2 7 2oza 232.808.2803 n i.sa8.4RCOAST :i mowv_nccoasfalmanaifemant.nel . r,'d`; �±'i;Y,eV33ia�1"1 2T. ln6 Form ®OM MP-4 (structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines Note: Forbuoy ormooringpiling, use arc of swing including length of vessel. c. Width of water body Sir e. (i) Will navigational aids be required as a result of the project? E]Yes CdNo EINA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. I � I d. Water depth at watennard end of structure at NLW or NWL � r • 8 OTHER $(Thrs section not applicadl a. Give complete description: Date , ProjedNate APpltuvRName- Aeeliard Sid a OCT 2 7 i020 252-SM-2808 n i-esa-4ROCAST :: v:tv�v.nccaast�lmanaaamznt.ne2 - ravlseii: 12i27�s7� 20Y COOPER Governor MICHAELS.REGAN secMary BRWON C. DAVIS Dlmcror Jimmy North 6314 Wrightsville Avenue Wilmington, NC 28403 Dear Mr. North: The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for'Michael Oktavec, for State approval for development of the subject • property locatedat 213 Marsh Hen Drive, adjacent to the Channel Haven canal, in Wilmington, in New Hanover County. It was received as complete on November 16, 2020 and appears to be adequate for processingatthis time. The projected deadline formakinga decision is January 30, 2021. An additional 75day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. however; an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from November 16, 2020, you may request a meeting with the Director of the Division of Coastal Management and permitstaff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property, owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which raustbe posted at the property of your proposed development. You should;post this notice at a conspicuous point along your property where it can be observed: from a public road. Some examples would be: Nailing the notice card to atelephone pole or tree along the road right-of-way fronting your property; or at a point along the road right-of-way where a private road 'would lead one into your property. Failure to post this notice could result in an incomplete' application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Patrick Amico Field Representative cc: Curt Weychert, DCMMHC Greg Currey, USACE Robb Mairs, DWR Linda Painter, LPO Michael' Oktavec, Applicant DEQR Noahcarol[mlieparunentoFFlnvimnmental Quality I DIVL5lonorCoastalMamgement wilmingmnofflce I' i27Cardinal DriveExtensfon I W1lm1ngtonNorth Caro6na284o5 910.796.7215 \T()'1'IC1: CAMA PERMIT APPLIED FOR tin 9%,v, na County. COMMENTS ACCEPTED THROUGH December2Z 2=0 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Michael Oktavec, 913'Marsh. Hen Drive G. Div. of CoastalManagement Wilmington, a na r. Ext. 1 mmg on, NC 284 Agent: Jimmy North a rIC mICO (910) 231-8514 NORTH CAROLINA bivronote ntal Oaol ili November 25, 2020 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • Michael Oktavec / New Hanover County ROY COOPER Gavama MICHAEL S. REGAN seemmy BRAXTON DAVIS Director. Divumn afCorotal Marm.Cement Hello Angie: Please publish the attached Notice in the Tuesday, December 1, 2020 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. Paying by credit card to the attention of Jarimy Springer, (Customer No.70100342). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. Ipport & Customer Assistance cc: MHC file Curt Weychert - WiRO USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext, Wilmington, NC 29405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby givespublic notice.as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in -an Area of Environmental Concern as designated under the CAMA; On November 23, 2020, Michael Oktavec proposed to expand a private docking facility from two (2) to a total of four (4) slips at 213 Marsh Hen Dr., adjacent to Channel Haven Canal, Wilmington in New Hanover County. A copy of the'application can be examined or copied at the office of Patrick Amico, 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 BraxtonC. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to December 22, 2020 will be consideredin making the permit decision. Later comments will be accepted and considered up to the time ofpernrit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be providedupon written request. AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: P)' l�1 I 1 �_�jlel, Mailing Address: Phone Number: Email Address: I certify that I have authorized Agent / contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: t7/0JY, " caocic. at my property located at '� I s Hou s � 14&& in t�a oo— County. l furthermore certify that I 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 Own Inf m ion: Signature / Mm-eG Print or Type Name Title lU , �/ I ZD Date This certification is valid through OCT 2 7 7020 ADJACENT RIPARIAN PROWEM OfWNER STATEMENT I hereby certify that I own Property adjacent to %� r G e. e. � �c2 a v C ,s ( me of Property Ovmer) 13 property located l N5/� (Address, Lot, Road, etc.) N.C. l'f � ( i�eu<� latia J' . in, on (Wa4rrbod>� (Cityrrown andlor County) The Vp"A has deemed to as shown below, the development proposed at the above location. v 1 have no objection to this ProP°sal- 1 have objecii"a to this proposal- DEScRip7lON AND)OR DRAWING OF PROPOSED DEVELOPMENT ()ndlvidtrat proposing dsvelopraerrt must fill in description below or aHach a site drawing) WANE— R— S— ECTiON must be set loads a I understand that a pier, dock, moonng Al lxeakvrater, boathouse, lift or groin minimum distance of 15' from my area of riparian access unless waived by me. (It you Wsh to waive the setback, you mast initial the appropriate blank below.) �J I do wish to waive the 15' setback requiremen t ( p l e a s e i N YiG 1 `"�(�'f IJ l�✓✓ � I do not wish to waive the 16 setback requirement. (Properly owner Informadon) ( t Property Owner information) ST l Nw. A /A! 1✓x l0.0 Sr�/ N2.. :1 W'r Pmt or Pe Name Prs+t or Type rTeme 3/ Ad rasa - Afa*rg Address ,�,o 3 L r Mi c;trrsmeerrin/o- ')--31- 85/y /C " reiepNumber r /$A /- iL �n Date OCT 2 7 2020 f • Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front R space permits. 61' (rCris/ / _S&S S s III'lll'll'IIIIIIII'IIIIIIIIII I'llllllllllllll 9590 9402 6007 0069 9513 53 7020 0090 0002 0315 2144 PS Form 3811, July 2015 PSN 7630-02-000-9053 id Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, or on the front If space permits. t_ Article Addressed to: i'�o0t�%.•a r %%r'c�S... `'air 5�0.� 17•�.o�b"log IIIIIIIIII'IIIIIIIIIIIIIIIIIII I'Illillllllllll 9590 9402 6007 0069 9513 77 7020 0090 0002 0315 2151 __- PS Form 3811, JOIy 2015 PSN 753fY02-000-g053 ❑ Agent ❑ Addressee B. R f tl� ype 7e) V, a of Delvery O. tsdeliveryaddressdiffemntfrom t ❑ s IfYES,anter�dgjptewcaad i ❑No DCM W�tMINGTON, NC 140V 16 2020 —�_ Service Type ❑ Priority Mail E%prem& r•® Adunslgnature ❑ Registered Mail" ® Adult Slgnatare Restricted Delivery ❑ RBBgglsteretl Mail Restrleted. :'� Caruried Mahe Dallvery CWTull Mall Restricted Delivery ❑ Return Recept for Calbd on Delivery Merchandise 'aEl1l=lt Collect on Delivery Restricted Delivery Q Signature Congrmmlon- etl Mall ❑ signature cmil Won Id Mail Restricted Delivery Restricted Delivery x L B_ Recelid by Domestic Return Recelpt ❑ Agent ❑ Addressee E.--Date ot➢elivery, LI e rn O. Is delivery address different from ite^rr1y,,I? Yet 665 .IfN �, Qrflgr dellvery addresspelz- No VVII�� NOV 16 202B 3. Service7ype ❑ priority Mall Expires® o Admtslanamre 0 AenntSignatureRestdicted Delivery D Registered MaRTM ❑RegVat dMall Reshlcled[ ❑ Ca WW Mail® ❑ Q lMed Mail Restricted Delivery trail ❑ Return Receipt for M Coeeclon Delivery E3 Collect on Delivery Restricted Dallvery Merehand1w O Signature Continuation — insured Mail Inwred Mail Restricted Delivery ❑ Signature Confirmation Restricted Delivery Domestic Return Receipt Mail - Amico, Patrick J - Outlook https://outloolLoffice365.com/mail/deeplink?state=D&version=20... <E� Reply all 111 Delete Junk Block ••• [External] Re: ADDITIONAL INFORMATION REQUIRED- Oktavec Major- 213 Marsh Hen Jimmy North <jimmymnorth@gmail.com> JN Sun 11/15/2020 8:35 AM To: Amico, Patrick J CAUTION: External email. Do not click links or open attachments unless you verify. send all suspicious email as an attachment to report. s am nc.gav To: Patrick Amico From: Jimmy North Coastal Marine Construction Oktavec Major - 213 Marsh Hen Dr. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. Thank you, Jimmy North On Fri, Nov 13, 2020 at 6:50 PM Amico, Patrick) <Patrick.Amico@ncdenr.gov> wrote: Hey Jimmy: Just sending this as a reminder- can you request a pre -filing meeting with robb mairs/DWR? This can be in the form of an email- it's because of the water depths at this project site. Also, can you send me the two statements in an email? The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief r50r,=1 NOV.1 aCM WILh . _ _ 1 of 1 11/20/2020. 4:10 PM 213 Marsh Hen Dr Wilmington, NC 28409 .iIJIIUI a 00 Directions Save Nearby Send to your Share phone Suggest an edit on 213 Marsh Hen Dr V+ Add a missing place F'+ Add your business D Add a label Wilmington � •- -1" _ y �Aly 'C a V 173 Silver Lake Mason Sound Outsta i Re Myrtle Grove NOV 16 2020 N t l;ekatl Okia��c draws by 1. �O/g/2 �"i+o�o osc�c0 IIYY RECEIVED OCT 27 2020 DCM WILMINGTON, NC , ! roe•— 11 plc Aac/ C)I,-fqueG I j �. C. 1 a''/D 4 , OCT 2720�J 0CM WILMINGTpib,, r:c K66 ,q r dpo w.- jose-Al� ad4J- awn eve., cuysa i,aa BK: RB 6085 PG: 2794 - 2795 2017028654 RECORDED 091012017 NEW HANOVER COUNTY, TAMMY THEUSCH BEASLEY NC FEE 526.00 REAL ESTATE 01:13:46 PM REGISTER OF DEEDS EXTX $750.00 BY ANOREACRESWELL ASSIsO ELECTRONrALLY RECORDED a t lal Parcel Identifier No. R07213-012-020-000 Verified by County on the _ day 20_ Mail/Box to: Eugene B. Davis. Jr.. P.C. Attorney at law, 1612 Military Cutoff Road, Suite 301, Wilmington, NC 28403 This instrument was prepared by: Eugene B. Davis. Jr.. P.C.. 1612 Military Cutoff Road. Suite 301. Wilmington. NC 28403 Brief description for the THIS DEED made this PLvl = day of M—A Av�B� , 20 � '( by and between Jaq & Jeff LLC, a North Carolina limited liability company 6305 Gadwall Court Wilmington. NC 28403 Michael Green Oktavec, unmarried 213 Marsh Hen 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. WTTNESSETH, 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 Township, New Hanover County, North Carolina and more particularly described as follows: All of Lot 54 of Channel Haven, as shown upon that map of said subdivision recorded in New Hanover County Registry in Map Book 7 at Pages 59 and 60. Property Address: 213 Marsh Hen Drive, Wilmington, NC 28409. The property hereinabove described was acquired by Grantor by instrument recorded in Book 5971 page 1706 A0 or a portion of the property herein conveyed _ includes or _XL does not include the primary residence of a Grantor. A map showing the above described property is recorded in Plat Book 7 page 59-60 Page I of 2 NC Bar Association Form No. 3 0 1976, Revised ® 1977. 2002, 2013 This standard formm stioeD-oppro�by: Printed by Agreemem with the NC Bar Association —1981 North Carolina Bar Association —NC Bar Facto No. 3 submitted electronically by "Eugene B_ Davis, Jr. P.C." OCT 2 7 2020 in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. 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: ad valorem taxes for current and subsequent years; applicable zoning and land use ordinances, statutes and regulations; and applicable restrictive covenants and easements of record. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. & Jeff LLC (SEAL) (Entity Name) Print/Type Name: By: (SEAL) Print/Type me & Title: Jeffrey L. Amato, Member/Manager Print/Type Name: Print/Type Name & Title: Prim/Type Name & State of - County or City of 1, the undersigned Notary Public of the County or City of (SEAL) Print/Type Name: (SEAL) Print/Type Name: 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 sea] this _ day of Notary's Primed or Typed Name Public State of - County or City of 1, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged thedue execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this _ day of ,20_ My Commission Expires: (Affix Seal) Notary's Printed or Typed Name Public State of North Carolina - County or City of New Hanover I, the undersigned Notary Public of the County or City of New Hanover and State aforesaid, certify that Jeffrey L Amato personally came before me this day and acknowledged that _he is the Member/Manager of Jan & Jeff LLC —a North Carolina ei - _.�I'mited liability company( inappricablcj,-end that by authority drily given and as the act of such entity, _he signed the foinstnrtwor in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this � day 9f-�,re tog � . 1� , 20L� My Commission Expires: I — /1 Zil c y (Affix Seal) ROGER C VVt1ffE NOTN2V PUBLIC New ttartot�er Cady NaUt Carona My Carmisdon Etmirea Fahtuary 11, 201B Page ? of 2 NC Bar Association Form No. 3 01976, Revised 01977, 20D2, 2013 Printed by Agreement with the NC Bar Association — 1991 Public Printed or Typed Name This standard form has been approved by: North Carolina Bar Association — NC Bar Farm No. 3 OCT 2 7 :-