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HomeMy WebLinkAbout20201885 Ver 1_CAMA Application_202011251, 2. 3. 4. 5. 6. 7. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Michael Oktavec LOCATION OF PROJECT SITE: Site i5 located at 213 Mar5h Hen Drive, adjacent to the Channel Haven canal, in Wilmington, New Hanover County. Lat: 34.1520S1 N Long:-77,864821 W INVESTIGATION TYPE: CAMA INVESTIGATIVE PROCEDURE: Dates of Site Visit—10/29/2020 Was Applicant Present —No PROCESSING PROCEDURE: Application Received—11/16/2020 (complete) Office — Wilmington 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 an the property (G) Estimated Annual Rate of Erosion: N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (Coastal) 300 SF additional (B) Non -Vegetated Wetlands (Open Water)_Ir�7F incorporated PTA (C) Other - Highground disturbance (D) Total Area Disturbed: 300 ft2 (0.006 acres) (E) Primary Nursery Area: Yes (F) Water Classification: SA Open: No RECEIVED 2 7 Z020 c C, )fA( DCM WILMINCTON, NC C OCM MF4 APPLICATION for Major govolopment Permit (fast revised 42171M NoAk Cardin DIVISION % COASTAL. MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name M1 �0C.( f MI Last Name r �} 0IL 14oc-C— Applicant 2: First Name MI Last Name If additonal applicants, please attach an additional page(s) with names listed. Mailing Address PO Box C/ity� State ZIP Country Phone No. FAX No. Oo� Street Address (if different from above) City State ZIP Email rCQ�(C��IC7ape�eG C.0 2.. AgentlContractor Information Business Name Agent/ Contractor 1: First Name MI Last Name r I Agent/ Contractor 2: FirstName MI Last Name Mailing Address PO Box City State l�1'40e. ,vim ZIP Phone No. 1 Phone No. 2 ) F L%D 3 '' /o -�-3 l - E S I,-/ ext. ext. FAX No. Contractor # Street Address (if different from above) City State Z€P Email r f r` 1 t.� 1 '1 fl ��i �- @ S E--L cr . L. d .-� Form DGM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional information applicable, must be submitted in order for the application In addition to this completed application farm, (MP-1) the following items below, if app application package to be complete. items (a) — (fj are always applicable to any major development application. Please consult the instruction booklet on how to property prepare the required items below, a. A project narrative. b. An accurate, dated work plat (including plan view 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 site 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 DENR. ners and signed return ts as proof hat (riparian) landow f. A list of the names and ap0 pi oft addresses appl ationhanddpla s by certified tmaR. Such landowners must be advised that they have 3otdays such owners have receivedcopy which to submit comments on the proposed project to the Division of Coastal Management. Phone No Address Name Pe C-) I rV (i- Address -) nn r5 L.r n Cep 1 Jr : «s��� - — Phone No. 1 cif qia a✓ S e.r✓ f Phone No. Name Address g. A list of previous state or federal permits issued for work on the proiect tract. Include permit numbers, permittee, and issuing dates- h. Signed consultant or agent authorization form, if applicable. Wetland delineation, if necessary. j. .4 erty owner) A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signeby prop k, A statement of compliance with the N.C. Environmental Policy Act frog compliance 1 nee 1 with the necessary. n 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. Ceirtitication and Permr`sson to Enter on Land 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 review agencies to andsinconnectionctwithne permission etlated toatives fthistpermite and t application lation and follow-up enter on the aforementioned I monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date Print Name r 'A Signature Please indicate application attachments pertaining to your proposed project. ❑DGM MP-2 Excavation and Fill Information ❑DGM MP-5 Bridges and Culverls ❑DCM MP-3 Upland Development ;nCM MP-4 Structures information RECEIVED, OCT 2 7 2020 Form DCM MP-4 STRUCTURES (Construction within Public 'Trust Areas) Attach this form to Joint Application for LAMA 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. 9. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facilitylmarina: ❑Commercial ❑Public/Government OrivatelCommunity c. (i) Dock(s) and/or pier(s) (ii) Number � r (iii) Length (iv) Width (v) Floating 5ZYes ❑No e. (i) Are Platforms included? ❑Yes MNa If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from. dripiine dimensions. g. (i) Number of slips proposed A (k) Number of slips existing i. Check the proposed type of siting' J. Land cut and access channel ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other; please describe: [I This section not applicable b. (i) Wiv the facility be open to the general public? []Yes W d. (i) Are Finger Piers included? ❑Yes XNo If yes: (ii) Number (iii) Length (iv) Width (v) Floating ❑Yes ❑No f. (i) Are Boatlifts included? ❑Yes 00 If yes: (ii) Number (iii) Length (iv) Width h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or 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: ❑-Otherr,I, please describe: +"A j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). —C C4 /L,"J,LduVS i k. Typical boat length: I. (i) Will the facility be open to the general public? [-]Yes >No m. (i) WN the facility have tie pilings? ❑Yes ;XNo (ii) If yes number of tie pilings? OCT 2 7 20H r^ v!5- --d1- I Z17 0 form DCM P- (Strum -urns, Page of 4) 2, DOCKING FACILITY/MARINA OPERATIONS a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: fO' ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of "Pumpout Aveflable" signs proposed. ❑This section not applicable f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. fU / I g. Where will residue from vessel maintenance be disposed of? /V / f - h. Give the number of channel markers and 'No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin Flushing? I. if this project is an expansion of an existing marina, what types of services are currently provided? m. is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes XNo 0 C } 27 ZGZG Form C - act�are , Page 3 f 4) n. Is the madnaidocking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes Io o. Is the marina/docking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or othe ��gqwetlands (vvL)? If any boxes are checked, provide the number of square feet affected. ❑CW h �l ❑SAV ❑SB ❑WL None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes Mo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) a. (i) Is the boathouse structure(s): ❑Commercial ❑Pub{iclGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e_g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) a. (i) Number (ii) Length (iii) Width BREAKWATER (e.g., wood, sheetpile, etc.) a. Length c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS a_ Is the structure(s): ❑Commercial ❑Public/Government ❑Private/Community c. Distance to be placed beyond shoreline Note: This should be meesured from marsh Edge, if present. e. Arc of the swing 7. GENERAL °phis section not applicable Whis section not applicable &his section. not applicable b. Average distance from NHW, NWL, or wetlands [9�his section not applicable b. Number d. Description of buoy (color, inscription, size, anchor, etc.) OCT 2 7 ZM Form D -4 �Stnavtures, Page 4 o4 4) a. Proximity of structure(s) to adjacent riparian property lines r ' Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body -3p, e (i) Will navigational aids be required as a result of the project? ❑Yes ONo ❑NA (4) If yes, explain what type and how they witl be implemented. 18. OTHER a. Give complete description: S 4 0 Date Project Name a Applicant Name , 11 Applicant Signat 11 b. Proximity of structure(s) to adjacent docking facilities. I ., f d. Water depth at waterward end of structure at NLW or NWL gThis section not applicable O C T 2 7 2020 ism , ? 7r 2 —i "! 4D NORTH CAROLINA En vironmentul Onahh November 25, 2020 Advertising@starnewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice: • NUchael Oktavec / New .Hanover County ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal Management 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 .larimy 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 ce: 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 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION k Name of Property Owner Requesting Permit: _L r! ��� Mailing Address: Phone Number: Email Address: I certify that I have authorized M s- � 4 s i rt.n Agent 1 to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: t 1©a� ,. d ec-lC- at my property located at ( �) iqou s � - in IU,, o 11/� I C) 0 .r County. I 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 Inf m ion: r Signature Print or Type Name ( W'Q epr` �) Title V Date This certification is valid through l 1 OCT 2 7 720 IAW— ADJACENT RdPAFUAK EjpEgrry gM1MSTATE I hereby certr t that i own property adjacent to � ! C. 0 tNanie of Proms owner) properly located � . -_ ' ' _ � � �� �� � ^�' _ ee (Adt3ress, etc.) � � �T (JCi... � r- Q F in WC. on rr� 0 (Wady) (G�1TQ+nrn a� County) The appi' t has described to me, as shown below, the deye[opnentPWasedat the above - I have nooljectorto this PI- _ 1 have objections to this Proposal- DRAWING ANDt4R D AWINC PRi3PE tD DES` OPMEW {trK#Wduai propowng deve[oprr ad Must RH in d&=fpdw below or attach a site drawirx,,l} WAFVER SEGTiON I urda-stand that a pier, dock moc iN pi , or groin must be set back a ms unl waived by n . (tf you h to waive minimum distance of 15 from my area of � a the setback, you met MW the a WOW i C�CI Wish t0 waive ft 1 r3' setback requirement_ , e 4z I do not wish to ire the 15, seiback requirement. (ply Owner I +�n� (ert owner � ) Si Print or"Type Naffa Pitt or Type Nam y� t C#YJShp'�— 1e� _1�1 Telephone Number Bate Dare OCT 17 2020 �j m $ ® \ 7 n \ . z CO q } E n \ /IL \ i Ln f / \ m § @ \Ln ® Mail - Amico, Patrick J - Outlook https://outlook. office3 65.com/mail/deeplink?state=0&version=20... t Reply all v II Delete (D Junk Block [External] Re: ADDITIONAL INFORMATION REQUIRED- Oktavec Major- 213 Marsh Hen Jimmy North <jimmymnorth@gmail.com> EN Sun 11/15/2020 8:35 AM <� To: Amico, Patrick J CAUTIOW External email_ Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to repgr spar nc.gov 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 J <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 eCEIV E NOV. 18N- 0CM WIC 1 of 1 11 /20/2020, 4:10 PM 213 Marsh Hen Cyr Wilmington, NC 28409 Building 0 (�) (i) Directions Save Nearby Send to your Share phone ,e Suggest an edit on 213 Marsh Hen Dr Q+ Add a missing place �+ Add your business [ Add a label Silver Lake I -5 Wilmington ll9as�r�to Sound A'r Outstandi Res , `ref Myrtle Grove eft x RECEIVED N D v.16 2020 .-',e!'TnN, NC ae- U��GueG Imo- N :Suss: OCT 2720 DCM WJLM.iNGT( , NIC NORTH CAROLINA Environmental Oualitr 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.weychert(a)NCDEN R.gov SUBJECT: CAMA Applicant: Michael Ocktavec ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Division of Coastal 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 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** 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 28405 919 796 7215 raven Vvo.0 rgyrc c . BK: RB 6085 PG: 2794 - 2795 2417028654 Nc FEE $26.00 RECORDED: 09101=7 NEW HANOVER COUNTY, REAL ESTATE TAMMY THEUSCH BEASLEY 01:13:46 PM EXTX $750.00 REGISTER OF DEEDS IM. ANOREA CRESWELL ASSISTANT ELECTRONICALLY RECORDED NORTU-CAROLINA GENERAL WARRANTY DEED Excise Tax: $ 750.00 Parcel Identifier No. R07213-012-020-000 Verified by County on the day of , 20_ By: 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. Eugen_e_B. Davis, Jr., P.C., 1612 Military Cutoff Road, Suite 301. Wilmington, NC 28403 Brief description for the THIS DEED made this � l � day of ►4N :a Jaq & Jeff LLC, a North Carolina limited liability company 6305 Gadwall Court Wilmington, NC 28403 and between GRANTEE Michael Green Oktavec, unmarried 213 Marsh Hen Drive Wilmington, NC 28409 Inter 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, 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 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 7 page 59-60 Page 1 of 2 NC Bar Association Form No_ 3 9 1976, Revised 0 1977. 2002, 2013 This standard €orm has been approved by: Printed by Agreement with the NC liar Association —1991 North Carolina Bar Association —NC Bar Form No. 3 Submitted electronically by "Eugene B. Davis, Jr. P.C." OCT 2 2�2� in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover County Register of Deeds. wt+i. vvv.r rnyc p r �.a 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 Granter 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. aaQ & Jeff LLC SEAL QkEntity Name) Print/Type dame: By: \. (SEAL) Print/Type Dame & Title: Jeffrey L. Amato, Member/Manager Print(Type Name: By: Print/Type Name & By: Print/Type Name & Title: (SEAL) Print/Type Name. — — — (SEAL) Print(Type Name: 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 the due execution of the foregoing instrument for the purposes therein expressed. Witness my hand and Notarial stamp or seal this day of , 2Q My Commission Expires: (Affix Seal) Notary's Printed or Typed Name Public State of - County or City of I, the undersigned Notary Public of the County or City of and State aforesaid, certify that personally appeared before me this day and acknowledged the due 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 Jeffrev L. Amato personally came before me this day and acknowledged that —he is the Member/Manager of Ja & Jeff LLC , a North Carolina or-- 'Irlited liability company/ ispiicablej1end that by authority duly given and as the act of such entity, he signed the for insbrurneut in its name an its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this day_c �s, , 2QL�'" My Commission Expires: — (Affix seal) ROGER C WHITE 7 n+OTARY PUBM New Hanojer� hr North Carolina MY Commission E>� Feb— 17, 2019 Page 2 of 2 NC Bar Association Form No_ 3 ® 1976, Revised © 1977, 2002, 2013 Printed by Agreement with the NC Bar Association — 1981 otary Public or Typed Name This standard form has been approved by: Noah Carolina Bar Association — NC Bar Form No. 3 OCT 2 7 Z,1?j Major Permit Fee Schedule C�JProject Name: it C D6Cw SSrr County: 0 Ci Check No & Amount; Development Type Fee DCM % DWQ % (14300160143510009316256253) (2430016024351000952341) i Private, non-commercial development that does not involve the filling or Qavation excof any wetlands or ° 100 /o ($250) 0% ($0) open water areas: II. Pubic or commercial development that does not involve the filing or excavation 3400 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 ifA,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 ill(B) Public or commercial development, if Genera! Water Quaftty, Certification $400 1009% ($400) C% ($C) No 4175 can be applied III(C). If General Water QU2Jty Certification No. 4175 could be applied, but DCM staff determined that additional review and written DWQ concurrence is $400 60% ($240) 40% ($160) needed because of concerns related to water quality or aquatic life: III(D). If General Water Qua[ity Certification No. 4175 cannot be applied: $400 60% ($240) 40% ($160) IV_ Development that involves the filling andlor excavation of more than one acre $,475 60% ($285) 40% ($190) of wetlands andlor open water areas: