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HomeMy WebLinkAbout91-21 Prochaska, Michael & LindseyPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 Excavation and/or filling pursuant to NCGS 113-229 Permit Number 91-21 Issued to Michael and Lindsey Prochaska, 845 Shinn Point Rd., Wilmington, NC 28409 Authorizing development in New Hanover County at adi. to a man-made canal off the AI W W. at 845 Shinn Point Rd, in Wilmington , as requested in the permittee's application did 3/3021(MP-1) and "Rev 42421" (MP4), incl an workplan drawings (3), "Existing Conditi Ions" & "Proposed Structures" both did "Rev 42421" & Sheet 3 of 3 did 3/2821. This permit, issued on July 16, 2021 1 , 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. 1) This permit authorizes only the do lift and jet dock, and other structu: specifically set forth in the permit become a permanent part of this d dependent uses of structures shall modification. Docking Facilities dition of the existing docking facility and the docks, piers, boat and uses located in or over the water that are expressly and 3lication. No other structure, whether floating or stationary, shall :ing facility without permit modification. No non -water conducted on, in or over Public Trust waters without permit 2) No portion of the authorized dockinglfacility, including tie piles, shall extend more than one quarter of the width of the water body. Measurements to determine width of the water body shall be made from the normal high-water line or the waterward edge of any coastal wetland vegetation which borders the water body, whichever is more restrictive. (See attached sheets for Additional Conditions) This permit action maybe 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 // /i�� personnel when the project is inspected for compliance. Z- 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. �r J� Signature of Permittee Michael and Lindsey Prochaska ADDITIONAL CONDITIONS Permit No. 91-21 Page 2 of 3 3) 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 minimum, permanent reflectors shall be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 4) This permit authorizes a maximum of three (3) formalized boat slips. 5) The pier and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access. 6) 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. 7) 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. 8) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. USACE Conditions 9) In order to further protect the endangered West Indian Manatee, Trichechus manatus, 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.fws.fov/raleigh/r)dfs/ManateeGuidelines20l7.2df. General 10) 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. 11) All debris associated with the removal or construction of the permitted docking facility shall be contained within the authorized project area and removed to an appropriate upland location. 12) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Regional General Permit 197800056 (Action ID SAW-2021-00979). 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. 2021-0711. Michael and Lindsey Prochaska ADDITIONAL CONDITIONS Permit No. 91-21 Page 2 of 3 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 $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DCM Coordinator:�Permit #: 7 Z 11 // // / !�MAI/LIN/G_ DISTRIBUTION SHEET I-/ Permittee:{✓(idve(j�Adkr CroCG�5K4' S 5Q,1 PA,�_ . iYi�iyr, Agents: DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: Wilmington: Cultural Resources: Public Water Supply: Marine Fisheries: NC DOT: Shellfish Sanitation: State Property: DEMLR/DWR: �(C 2Be(o Washington (with revised work plan drawings) t lmin�to�r�W (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Greg Curry (Brunswick, New Hanover) I 'Liz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, ��tPender) Renee Gledhill -Earley at Environmental. Review@ncdcr.g6v Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivdh Clif Whitfield (WARD) Jimmy Harrison Washington: Chris Pullinger-401 Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider-401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARD) Natural Heritage Program Rodney Butler OO: �Ari�1a1M (NCDOT) Travis Wilson IN MP-1 APPLICATION for Major Development Permit Post FGMNW 12127ro6) North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant/ Landowner Information Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name Michael Prochaska Applicant 2: First Name MI Last Name Lindsey Prochaska #additional applicants, please attach an addlNonal page(s) with names fisted. Mailing Address Po Box City State 845 Shinn Point Road I Wilminaton NC ZIP Country Phone No. FAX No. 28409 USA 816-730 -1164 ext. Street Address (d ditrent from above) City State ZIP Emall LHPIR040amail.com Z Agent/Contractor Information Business Name A ractor 1: First Name Debbie MI Last Name Wilson Agentl Contractor 2: First Name MI Last Name Mailing Address Po Box 16275 city Wilmin ton Stata NC ZIP 28408 Phone No. 1 910- 612 - 0402 ex . Phone No. 2 ext. FAX No. Contractor # RECEI Street Address (dditrent from above) City State ZIP Email debbiew75 charter.net MAY M REC"6CM.MH <Form continues on back> c 021 CITY 252.808-2808 .. t•eeu ».. C. ;; :,wi „ w-N w.nc c0astalmana 9 omen t.net Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # New Hanover 845 Shinn Point Road Subdivision Name City State Zip Shinn Point Wilmin ton NC 28409 Phone No. Lot No-(s) (if many, attach additional page with list) 816- 730 -1164 ext. 38 a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project White Oak Man-made canal off AIVWV c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project eke. ❑Natural ®Manmade ❑Unknown AIVVW e. Is proposed work within city limits or planning jurisdiction? f. If applicable. list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Citv of Wilmin ton 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 110, 14 375 C. Size of Individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or 0.33 Acres NWL (normal water level) W mWW lot sizes, please attach additional page with a list) ❑NHW or ❑NWL e. vegetation on tract Ornamental landscaping and lawn grasses. f. Man-made features and uses now on tract Single family residence, swimming pool, firepit, bulkhead, private pier, and floating dock. g. Identify and describe the existing land uses adlacent to the proposed project site. Residential h. How does ?oral government zone the tract? the proposed project corrsistem with the applicable zoning? Residential R-20 rll(sttachzoning compliance certificate, if applicable) ®Yes ❑No ❑NA J. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ®No k. Has a professional archaeologlcal assessment been done for the tract! If yes, attach a copy. []Yes ®No DNA If yes, by whom? MAY 0 6 l I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? r aCM-M H <Form continues on next page> r_1 :D 021 CITY 252.80a-2808 ., 1-088-4RCOAST .. www.ncc oastalm ar+ag ement. net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. () Are there wetlands on the site? (ii) Are there coastal wetlands on the site? (III) If yes to either (i) or (if) above, has a delineation been conducted? (Attach documentation, IF available) n. Describe existing wastewater treatment facilities. Municipal o. Describe existing drinking water supply source. p. Describe existing stone water management or treatment systems. None ❑Yes ®No ❑Yes ®No ❑Yes ®No 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Govemment ®PrivatelCommunity b. Give a brief description of purpose, use, and daily operations of the project when complete. Private residential docking facility 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. Typical marine construction with a barge mounted pile driver. d. List all development activities you propose. Private pier, boatlift, floating dock and floating jet dock. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? ®Sq.Ft or ❑Acres 725 g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No ❑NA that the public has established use of) h. Describe location and type of existing and proposed discharges to waters of the state. None RECEIVE I. Will wastewater or stonmwater be discharged Into a wetland? []Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No ❑NA MAY 0 6 2 j. Is there any mitigation proposed? ❑Yes ®No ❑NA If yes, attach a mitigation proposal. DCM-MHD <Form continues on back> rctl,,tlVtU ^DR1'9 9 7 21 ITY 252.508.2808 .. 7.888-4RCGAS"; ,. www.nccoasta4management.net I-'i, Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information 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) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required hems 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, dearly 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 tre applicant claims Otis to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. 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. Name Scott & Virginia Crowder - Phone No. Address 841 Shinn Point Road, Wilmington,- NC 28409 Name Lloyd & Debbie Bowden Phone No. Address 849 Shinn Point Road, Wilmington, NC 28409 Name Phone No. Address g. A fist of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. None found h. Signed consultant or agent authorization form, if applicable. 1. 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), If necessary. ifthe project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Gertification and Permission 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 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 3/30/21 Print Name Debbie Wilson Agent RECEIVED Signature Agent MAY 0 6 2021 Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts `)CM-MHD CITY ❑DCM MP-3 Upland Development NDCM MPS Structures Information . i 252-808-2305 :: 1-888-4RCOAST :: wow. nccoastaima nagement. net Form DCM Ill 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 FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ❑Commercial ❑Public/Govemment NPrivate/Community -C17hls secttomnot applicable b. (i) Will the facility be open to the general public? []Yes NNo c. (1) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ONO (s) Number 1 If yes: (iu) Length 6' (it) Number (iv) Width _1 fill) Length (v) Floating ❑Yes ENO (iv) Width (v) Floating ❑Yes ONO e. O Are Platforms included? NYes ❑No f. O Are Boali tts included? NYes ❑No If yes: If yes: (d) Number 4 (if) Number 1 (le) Length 36_8' 12' 8' (iii) Length 13' (m) Width 6_12' 10' 4' (iv) Width 13, (v) Floating NYes []NO Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. 3 ❑ Full service, including travel IA[ and/or rail, repair or (it) Number of slips existing maintenance service 2 L7 Dockage, fuel, and marine supplies ❑ Dockage ('wet slips') only. number of slips. ❑ Dry storage; number of (rats: ❑ Boat ram number of boat ramps: N Other, please describe: NONE i. Check the proposed type of siting: I. 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 Open Runabout & Jet -ski NOpen water: no dredging reoutred ❑Other, please describe: DECEIVED MAY 0 6 2021 k. Typical boat length: 24' I. (1) Will the facility be open to the general public? DCM-M HD CITY []Yes NNo m. (1) Will the facility have lie pilings? ❑Yes NNo RECEIVED (if) If yes number of be pilings? aR26 �021 252-808-2808 :: 1-888-+NCOo6T :: www.ncaen3tafman4SLement.net pCM W sed: 12r27106 Form DCM MP-4 (Structures, Page 2 of a) 2. DOCKING FACILITY/MARJNA OPERAT70NS ®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: ❑ 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. p) Give this location and number of 'No Sewage Discharge' signs proposed. (if) 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? In 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. 1. What wit be the manna policy on overnight and live -aboard dockage? RFrFivFM k. Describe design measures that promote boat basin Flushing? I. t this project is an expansion of an existing marina, what types of services are currently prowded? DCM-MHD CITY �EcENED APR 16 2021 c 252.BOAQEOA :: 1.t1AA-4RCOr9T :: vvvw.ncooastalmaaag_ementnet "DCM W : 12•`27r/6 Form DCM MP-4 (structures, Page 3 of 4) m. Is the mahna/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marinaldoddng facility proposed within or adjacent to any shellfish harvesting area? []Yes []No o. Is the marinaldocking fac kty proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shelf bottom (Ss), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ❑Nate p. I5 the proposed manna/docking facility located within or within close proximity to any shellfish leases? []Yes ❑No If yes, give the name and address of the leaseholders), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) ®TMs section not applicable a. (0 Is the boathouse structurels): ❑Commercial ❑Public/Govemment ❑Private/Community (ii) Number fill) Length (iv) Width Note Rooted areas are calculated from dnpline dimensions 4. GROIN (e.g., wood, sheetpife, etc. If a rock groin, use MP-2, Excavation and Fill) ®TMs section not appflcaMe a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) 1977ris section not applkable a. Length c. Maximum distance beyond NHW. NWL orwetlands b. Average distance from NHW, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicatik] a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community c. Distance to be placed beyond shoreline Note. This should be measured From marsh edge. if present. e. Arc of the swing b. Number d. Descnption of buoy (wlor. inscription, vze. arl�torrbEPEIVED 2S2-808-2808 :: t-888-4RCOAST :: www.nccoastalmangggment.not MAY 0 6 21 "rr RECEIVED APR 2 6 ?0?1 DCM WI,6MWGTDN„AOC Form 0CM MP-4 t5tructures, Page 4 of 4) 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 15' on both sides Note: For buoy or mooring Piling, use arc of swing including length of vessel. C. Width of water body 76' e. (I) Will navigational aids be required as a result of the project? ❑Yes ®No ❑NA (i) It yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 42' to the west 62' to the east and 40' to the northeast d. Water depth at waterward end of structure at NLW or NWL 3 @ NLW 8, OTHER 1 ❑TFris section not applicable a. Give complete description: The existing docking facility will be removed and a new access ramp and floating dock system will be installed consisting of a 4' x 8' landing platform with a fish cleaning station connecting to a 6' x 36' floating dock which will connect to an 8' x 12' floating platform which will connect to a 10' x 12' floating iet ski dock A new 5' x 6' pier will be installed to the east to allow for access to a new 13' x 13' 3130121 Revised 4/24/21 Date Project Name Debbie Wilson Agent forMichael & Lindsey Prochaska Applicant name 9-4e.- 2% Agent Applicant Signature RECEIVED MAY 0 6 2021 I)CM-IMHD CITY RECEIVED 252-608-2808 :: i-BIIS•aRCOAST :: www_FT ..- Ralmgnaggmsnt.net rrvrse . 6 X-Sections NTS Proposed Boatlift cistinq Water Depth ' @ NLW at waterward end Bottom Contour Floating UOCK NTS JLW RECEIVED MAY 0 6 2021 DCm-mHD CITY Michael & Lindsey Prochaska 845 Shinn Point Road Wilmington, New Hanover County Drawn By: Debbie Wilson 3/28/21 NTS Sheet 3 of 3 DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: Michael & Lindsey Prochaska COUNTY: New Hanover PROJECT NAME: 845 Shinn Point Road Docking Facility LOCATION OF PROJECT: 845 Shinn Point Rd, adjacent to Shinn Creek Canal, Wilmington DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-26-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Hall DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE RECD: 5-7-21 ADJ. RIP. PROP NOTICES RECD: C) 75 DAY DEADLINE: 7-10-21 MAIL OUT DATE: 5-6-21 PERMIT FINAL ACTION: ISSUE RFcFi��b Mq y � QC 6 2p21 11f �y� �iTY DISTRICT OFFICE: WII,NIINGTON FEE REC'D: $400 (60140)#1246 & #2106 END OF NOTICE DATE: 5-28-21 DEED RECD: Yes // 150 DAY DEADLINE: 94's tl STATE DUE DATE: 5-28-21 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM - Field Rep 511, tz 1 L a X""Me Ccww� DCM — LUP Consistency Determination 614112 ( — 4— L.ocal Permit Officer Local 'rLl Z4 ;,- Corps of Engineers — Regulatory Branch 7 DWR-401 Section ' Q ZA 071 S/ DWR— Public Water Supply DEMLR — Stormwater DEMLR — Sed and Erosion DOA — State Property Office Ili L/ Y Wildlife Resources Commission /n5( 7 7 DMF — Shellfish Section S(1 L Y DMF — Habitat & Enhancement V/I I k DNCR — Archives & History L� b DNCR — Natural Heritage Program NCDOT NC Dept of Commerce Z Recommendations for State Permit — Michael and Lindsey Prochaska 4/29/21 The total area of platform and floating dock were calculated as follows: Shoreline length = 110 ft. x 8 sq. ft = 880 sq. ft. allowable. (City of Wilmington restricts docking facilities to 4 sq ft. per linear foot of shoreline = 440 sq. ft) Boat Lift = 13'xl3'=169 sq. ft (not counted) Platform = 8'x12' and 4'x8' = 128 sq ft. Floating dock = 6'x36' = 216 sq. ft. (access credit) Jet Ski dock = 10'x12' =120 sq ft. Second access (fixed pier) = 5'x6' = 30K ft Total = 228 sq. ft. The proposed pier, floating dock, and floating platforms appear to be CONSISTENT with the use standards set forth in NCAC 07H .0208(b)(6). However, due to the limited amount of water at this docking facility, approximately -0.8" at NLW on the landward side of the proposed boat lift and approximately -1.1' on the landward side of the floating access platform, there will be potential for bottom disturbance and displacement of the substrate "kicking" by vessel propellers. This office supports the recommendations of the resource agencies, particularly the NC Division of Marine Fisheries, regarding potential impacts to shallow bottom and primary nursery area. Should concerns be expressed over potential impacts from any of the resource agencies, the project could then be found to be inconsistent with NCAC 07H .0208(ax2), which requires that the location, design and need be consistent with the management objective of the Estuarine System AEC and the project be sited and designed to avoid significant adverse impacts upon the productivity and biological integrity of spawning and nursery areas. RECEIVED MAY 0 6 2021 DCM-6b HD CITY ROY COOPER Governor DIONNE DELLI-GATTI S'eemlary NORTH CAROL -:NA NORTH CAROUN,, 6nr,renrnrn:oi (�nv(iq May 4, 2021 MEMORANDUM FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) greag. bodnarPNCDENR.aov SUBJECT: CAMA BRAXTON DAVIS Director, /)ivleinn uj('nav(al Management Applicant: Michael and Lindsey Prochaska Project Location: 845 Shinn Point Rd., adi to Shinn Creek Canal, Wilmington, New Hanover County Proposed Project: Proposal to remove the existing docking facility, construct a private pier, boat lift, additional access pier, two floating platforms, floating dock & floating jet ski dock within the Shinn Creek canal for a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 28, 2021. If you have any questions regarding the proposed project, contact Bryan Hall 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 AGENCY NC DMF - Shellfish Sanitation / RWQ SIGNATURE for Shannon Jenkins KRIECE ED DATE 05/10/2021 MAY 1 1 2021 P&P SECTON ON rVIR , State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Ddve Ext., Wilmington, NC 28405 919 796 7215 NORT}{ CARD INA ln^...... egml(grr9t NCHTNLArCl INA l m i"'w!"'f:rOi Otwl,(I May 4, 2021 ROY COOPER Garemor DIONNE DELLI-GATTI .S'acrrwy BRAXTON DAVIS /lwwo,, Uiriciar,j('vo,rlal Mnrmgemenr FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areas. bodnarld_) NCDENR. cov SUBJECT: CAMA Applicant: Michael and Lindsey Prochaska Project Location: 845 Shinn Point Rd., adj. to Shinn Creek Canal, Wilmington, New Hanover County. Proposed Project: Proposal to remove the existing docking facility, constrict a private pier, boat lift, additional access pier, two floating platforms, floating dock & floating jet ski dock within the Shinn Creek canal for a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 28, 2021. If you have any questions regarding the proposed project, contact Bryan Hall 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 r l 4a+Q.. %,,e 5-6-21 RECEIVED MAY 7 2021 PAP SECTION M D State ofNordi Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 7967215 ROY COOPER tanxmur a, DIONNE DELL1-GATTI .1'et'rt9rm BRAXTON DAVIS iNra'llOf. Bmsxvl o/f'rec•+u(.11rnrut+'urrru May 4, 2021 MEMORANDUM FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) areoc. bodnaroNCDEN R.Qov SUBJECT: CAMA Applicant: Michael and Lindsey Prochaska i Project Location: 845 Shinn Point Rd., adj. to Shinn Creek Canal, Wilmington, New Hanover County. I Proposed Project: Proposal to remove the existing docking facility, construct a private pier, boat lift additional access pier, two floating platforms, floating dock & floating jet ski dock within the Shinn Creek canal for a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 28, 2021. If you have any questions regarding the proposed project, contactll ryan Hall 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 MO r k -� i c f t f o,- AGENCY N lizp}. 74 ('bfnaYlRYca IECEIVE® SIGNATURE !� ""'� I� �� ✓ MAY 2 n 2021 DATE MP SECTION NIH® State of North Carolina I Enviraunental Quality l Cowal Management 127 Cardinal Drive Eat, Wilrousim NC 29405 9197967215 ROY COOPER Gurenun DIONNE DELLI-GATTI b'"ll BRAXTON DAVIS bin. mr. liv vino al (brtvo,l.1/uargrnevn QuUiiil' May 4, 2021 MEMORANDUM. FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bod nar6NCD EN R.aov I SUBJECT: CAMA Applicant: Mlchael and I I Lindsey Prochaska Project Location: 845 Shinn Point Rd., adl. to Shinn Creek Canal, Wilmington, New Hanover County. Proposed Project: Proposal to rel move the existing docking facility, construct a private pier, boat lift, additional access pier, two floating platforms, floating dock & floating jet ski dock within the Shinn Creek canal for a total of three (3) slips. Please indicate below your agency' I position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 28, 2021. If you have any questions regarding the proposed project, contac( Bryan Hall at (910) 796-7423 when appropriate, in-depth comments with supporting data is requested. PRINT AGENCY SIGNATURE DATE This agency "Additional This agency This agency are incorpor This agency Sz/ zc,z no objection to the project as nents may be attached" no comment on the proposed project. Dves of the project only if the recommended changes See attached. to the project for reasons described in the attached comments. RECEIVED MAY 2 1 2021 Pl SECTION MHD StateofNonh Carolina I Environmental QuaGryl Coastal Management 127 Cardinal Drive Ext, Wihningmn, NC 28405 9197967215 a ROY COOPER DIONNE DELLI-GATTI BRAXTON DAVIS inrr'„.br'r^:: a: ',aaui hin^:re�e.id May 4, 2021 MEMORANDUM FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax:252-247-3330 (Courier11-12.09) Q regg. bod n a r(4 N C D EN R.g ov SUBJECT: CAMA Applicant: Michael and Lindsey Prochaska Project Location: 845 Shinn Point Rd., adj. to Shinn Creek Canal, Wilmington, New Hanover County. Proposed Project: Proposal to remove the existing docking facility, construct a private pier, boat lift, additional access pier, two floating platforms, Boating dock & floating jet ski dock within the Shinn Creek canal for a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Grego Bodnarat the address above by May 28, 2021. If you have any questions regarding the proposed project, contact Bryan Hall 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 Currently there are three proposed and two existing slips listed on the Structures application, however plans are to remove the existing 2 and currently have only 3 slips total. PRINT NAME. Wanda Hilliard AGENCY State Property Office �tl��a���E�® SIGNATURE kA.,W l_ 4i't"10;- MAY 2 6 2021 DATE _May 25, 2021 Slate ofNwh Cardin l Environmental Quality I Coastal Management t6F�C� SECTION �"�,� 127 Cardinal Drive Exl, Wilmington, NC 28405 919 796 7215 RR P Due:5/20/2021 Received:5/12/2021 Historic Preservation Office ER 21-1225 piORTH V"QLINA NOR 1 H CAR()! INA EmYrp:nr.:vai (, :r:al;it May 4, 2021 ROY COOPER Governor DIONNE DELLI-GATTI &cremry BRAXTON DAVIS Director, Divieian ofColllal Management FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) g regg.bodnar(g).NCDENR.gov SUBJECT: CAMA NC - SBA 5/17/2021 Applicant: Michael and Lindsey Prochaska Project Location: 845 Shinn Point Rd., adj. to Shinn Creek Canal, Wilmington, New Hanover County. Proposed Project: Proposal to remove the existing docking facility, construct a private pier, boat lift additional access pier, two floating platforms, floating dock & floating jet ski dock within the Shinn Creek canal for a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by May 28, 2021. If you have any questions regarding the proposed project, contact Bryan Hall 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 Renee Gledhill -Earley AGENCY SIGNATURE DATE Historic Preservation Office 5/25/2021 I • 1,1 • 1 1 State of North Carolina I Environmental Quality I Coastal Management 127 Catdia.] ]I Ext, Wilmington, NC 29405 919 796 7215 RECEIVED M AY 2 5 2021 1VtP SECTION MHD rIORTH CAFOLn'dis NOR I I I C'QFM'JA May 4, 2021 ROY COOPER Governor DIONNE DELLI-GATTI Secmlary BRAXTON DAVIS Uimcmn Division ofCaasml Manpgemenl FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregQ. bodnar(cDNCDENR.gov SUBJECT: CAMA Applicant: Michael and Lindsey Prochaska Project Location: 845 Shinn Point Rd., adj. to Shinn Creek Canal, Wilmington, New Hanover County Proposed Project: Proposal to remove the existing docking facility, construct a private pier, boat lift, additional access pier, two floating platforms, floating dock & floating jet ski dock within the Shinn Creek canal for a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by May 28, 2021. If you have any questions regarding the proposed project, contact Bryan Hall 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 Kimbedee AGENCY NCC�DDMF RECEIVED SIGNATURE /lclrt6a��a2 Yr JUN 1 1 2021 DATE 06/11/2021 P SECTION MFID State of North Carolina I Environmental Quality I Coastal Marugement 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 a ROY COOPER rfinrnav DIONNE DELLI-GATTI BRAXTON DAVIS Uuvepv, l m�.nnn ut i'o�e.J.vl J Gna?y;crrtrnt e.21.us.tb9,o3 May 4, 2021 FROM: Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax 252-247-3330 (Courier 11-12-09) oreQn. bod nar0N CDENR.aov SUBJECT: CAMA Applicant: Michael and Lindsey Prochaska Project Location: 845 Shinn Point Rd., ad). to Shinn Creek Canal, Wilmington, New Hanover County Proposed Project: Proposal to remove the existing docking facility, construct a private pier, boat lift, additional access pier, two floating platforms, floating dock & floating jet ski dock within the Shinn Creek canal for a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by May 28, 2021. If you have any questions regarding the proposed project, contact Bryan Hall 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" t/ 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 r_-;i-T. —LXann AGENCY N (A R ( SIGNATURE�]�1_� DATE RECEIVED JUN 2 1 2021 MIP SECTION MHD State of North C=Hna I Emiroomental QmEty I Coastal Mannornmt 127CatdmIDrive Ext..Wihnin&m NC2B405 9197967215 MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Michael and Lindsey Prochaska, Wilmington, New Hanover County Date: June 29, 2021 Consistency Determination: This project.appears to beconsistent with the 2006 Wilmington -New Hanover County Joint Land Use Plan. The applicant proposes to remove the existing docking facility, construct a private pier, boat lift, additional access pier, two floating platforms, floating dock and floating jet ski dock within Shinn Creek Canal for a total of 3 slips. The project is located at 845 Shinn Point Road in Wilmington, New Hanover County. Areas of Environmental Concern (AEC's) impacted by the proposal are EW 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 200E 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 JUN 2 9 2021 Fop SECTIOM MHD ROY COOPER Governor JOHN NICHOLSON Interim Secretary S. DANIEL SMITH Duwior Michael and Lindsey Prochaska 845 Shinn Point Road Wilmington, NC 28409 NORTH CAROLINA Environmental Quality July 2, 2021 RECEIVED JUL 9 2G21 MP SECTION h" AD D W R # 20210711 New Hanover County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 845 Shinn Point Road —Canal Adjacent to the Atlantic Intracoastal Waterway Dear Mr. & Mrs. Prochaska: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) May 20, 2021. The application proposes to construct a docking facility consisting of a fixed access pier with boatlift, floating dock, floating platform and floating jet ski dock to provide dockage for five (5) vessels. The proposed project is located within a ma -made canal adjacent to the Atlantic Intracoastal Waterway which are class SA;HQW waters by the DWR. This certification is associated with the use of the General Permit(s) 198000291 or 197800056 once issued to you by the U.S. Army Corps of Engineers and the CAMA Major Permit when issued by the Division of Coastal Management. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Amount Approved Permanent (units) Temporary Open Waters 0.015 acres incorporated N/A (663 sq.ft.) D_E QJ North Carolina Department of Enytronmental Quality I Division of water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington North Carolina 28405 ••,^�•^� 910.7%7215 DW R20210711 " X• Prochaksa-845 Shinn Point Rd. Page 2 of 3 This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. 3 If you are unable to comply with any of the conditions of the attached Water Quality General 'Certification or with the additional conditions itemized below, you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Wilmington Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions: 1. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA Waters (3)(g) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not exceed 25 NTIJ; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. Citation: SSA NCAC 028.0221 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. This approval and its conditions are final and binding unless contested. [G.S. 143-215.51 Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center RECEIVED JUL 9 2021 BAP SECTION MHD DWR20210711 Prochaksa-845 Shinn Point Rd. Page 3 of 3 Raleigh, NC 27699-1601 I This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider at 910-796-7215, Hollev.Snider@ncdenr.¢ov you have any questions or concerns. Sincerely, Morelia Sanchez -King Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WiRO Enclosures: GC4175 cc: Gregg Bodnar, DCM Morehead City Office, EC Greg Currey, USACE Wilmington regulatory Field Office, EC Debbie Wilson, Consultant, EC l DWR 401 & Buffer Permitting Branch file-LF WiRO EC"IV D JUL 9 2021 EaP SECTION NIHD U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2021-00979 County: New Hanover County U.S.G.S. Quad: Wrightsville Beach GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION Permittee: Address: Telephone Number: Michael and Lindsey Prochaska 845 Shinn Point Road Wilmington, NC 28409 RECEIVED J U L 1 3 2021 Size (acres) Shinn Creek Canal Nearest Town Wilmington Nearest Waterway Onslow Bay River Basin Onslow Bav MP SECTION MHD USGS HUC 03020302 Coordinates Latitude: 34.1949 Longitude:-77.8318 Location description: The site is located in Shinn Creek Canal at 845 Shinn Point Road in Wilmington. New Hanover County. Description of project area and activity: The proposal is to remove the existing docking facility, construct a private pier, boat lift, additional access pier, two floating platforms, floating dock and floating iet ski dock within Shinn Creek canal for a total of 3 slips A small fixed pier measuring 6' long by 5' wide will extend on the eastern side of the oronerty to a 13' by 13' boatlift. Located west of the fixed pier will be an access ramp extending from the bulkhead to a floating access platform measuring 8' long by 4' wide. A floating dock measuring 36' in length by 6' in width will extend west from the floating access platform and will run parallel to the bulkhead On the west side of the floating dock will be two floating platforms. One floating nlatform measuring 8' long by 12' wide and one 'et ski floating platform measuring 12' long by 10' wide. The Dronosed structures will provide docking space for three (3) vessels. The docking facility will cover and shade 663 so. ft of estuarine Waters of the US. Please note, a Coastal Area Management Act (CAMA) permit authorization must be obtained from the North Carolina Division of Coastal Management (DCM) prior to commencing any work on this project. Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344) ® Section 10 (Rivers and Harbors Act, 33 USC 403) Authorization: Regional General Permit Number: 197800056 Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http://www.fws.gov/nc-es/mammal/manatee_guidelines.pdt SEE ATTACHED 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 your submitted application and attached drawings dated March 28, 2021 and revised April 24, 2021. Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action. This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below, provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization. Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-807-6300) to determine Section 401 requirements. For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at (910) 796-7215. This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal, State or local approvals/permits. If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory program, please contact Gregory Currey at (910) 523-1151 or at Gre2ory.E.Currev(a)usace.army.mil. CURREY.GREGO DlgltaRysignedby o5iol .GREGDRV.EVGENE.1 RECEIVED ED RY.EUGENE.1051 oswnvs1. ab%S5^1 Ou DMe:1031.0],1315:53:00 I Corps Regulatory Official: 011950 . 00- Date: July 13, 2021 Expiration Date of Verification: December 31.2021 JUL 1 3 2021 A. Determination of Jurisdiction: NUN SECTION PID 1. ❑ There are waters, including wetlands, on the above described project area that maybe subject to Section 404 of the Clean Water Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States. 2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification. 4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you may request an approved JD, which is an appealable action, by contacting the Corps for further instruction. 5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference the approved jurisdictional determination issued . Action ID: SAW- 1, B. Basis For Jurisdictional Determination: C. Remarks: D. Attention USDA Program Participants This delineation/determination has been conducted to identify the limits of Corps' Clean Water Actjurisdiction for the particular site identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work. �- I E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above). If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this determination you must submit a completed RFA form to the following address: US Army Corps of Engineers South Atlantic Division Attn: Philip Shannin, Appeal Review Officer 60 Forsyth Street SW, Room 10M15 Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you decide to submit an RFA form, it must be received at the above address by It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence. Corps Regulatory Official: Digitally signed by CURREY•GREGORY•E CURREY.GREGORY.EUGENE.10510 11950 UGENE.1051011950 Date: Date: 2021.07.13 15:53:17 -04'00' Gregory Currey Date of JD: Expiration Date of JD: 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 htto://corpssmgpu.usace.armv.mil/cm apex/f?p=136:4:0. Copies furnished by email: Debbie Wilson (Debbie Wilson Consulting) Bryan Hall (NC DCM) Gregg Bodnar (NC DCM) Holley Snider (NC DCM) JUL 1 3 2021 FP SECTION WD Action ID Number: SAW-2021-00979 County: New Hanover County Permittee: Michael and Lindsey Prochaska Project Name: 845 Shinn Point Road/Michael and Lindsey Prochaska Date Verification Issued: July 13, 2021 Project Manager: Gregory Currey 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. Signature of Permittee Date JUL 1 3 2021 RIP SECTION MHD DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Michael and Lindsey Prochaska c/o Debbie Wilson 2. LOCATION OF PROJECT SITE: 845 Shinn Point Road, adjacent to Shinn Creek Canal, in Wilmington, New Hanover County. Latitude: 34°ll'41.87"N Longitude:77°49'54.32" W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 3/10/21 Was Applicant Present - Yes 5. PROCESSING PROCEDURE: Application Received — 4/19/21 (initial) Complete- 4/26/21 6. SITE DESCRIPTION: Office - Wilmington (A) Local Land Use Plan — Wilmington/New Hanover County Land Classification From LUP - Resource Protection (B) AEC(s) Involved: PT, EW (C) Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing - City Sewer System Planned - N/A (F) Type of Structures: Existing — Single family residence, pool, firepit, bulkhead, floating dock, and jet ski platform Planned — floating dock, two floating platform, jet ski dock, fixed pier, and boat lift (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: Wetlands (13) Non -Vegetated Wetlands (C) Other (D) Total Area Disturbed: 663 sq. ft. (0.02 acres) (E) Primary Nursery Area: Yes (I) Water Classification: SA Open: No [AREA] —663 sq. ft. RECEIVED MAY 0 6 2021 8. PROJECT SUMMARY: The applicant proposes to remove the existing docking facility, construct a private CITI pier, boat lift, additional access pier, two floating platforms, floating dock and floating jet ski dock within Shinn Creek canal for a total of 3 slips. W. Christopher Ward Page 2 9. PROJECT DESCRIPTION: The project site is located at 845 Shinn Point Road, adjacent to Shinn Creek located in the City of Wilmington, New Hanover County. To locate the property from Oleander Dr. (NC Highway 17), turn onto Greenville Loop Road and travel approximately 0.6 miles. Turn left onto Shinnwood Road and travel approximately 0.2 miles east. Turn right onto Shinn Point Road and continue until you reach a cul-de-sac. The property of interest would be located on the left just before the cul-de-sac. The lot currently is a single home residence and is approximately 0.5 acres with approximately 110' of shoreline frontage. The lots average 3-6 feet above mean sea level and a wooden bulkhead stabilizes the shoreline. Highground vegetation consists of Pine trees, lawn grasses and ornamental landscaping. There are no coastal wetlands on the property or around the existing bulkhead. General Permit 25125D was issued on 12/14/2000 for replacement of the existing bulkhead. State Permit #90-06 was issued on 7/12/2006 for a three (3) slip docking facility, including a pier, platform, boat lift, and floating dock. A 6' by 46' floating dock was installed parallel to the shoreline, along with a floating platform. The permitted boat lift is not currently in place. Permit #90-06 expired on 12/31/2009. The Wilmington/New Hanover County Land Use Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of Shinn Creek Canal are classified SA by the Division of Water Quality. They are designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries, and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT: 9. The applicant proposes to remove the existing docking facility, construct a private pier, boat lift, additional access pier, two floating platforms, floating dock and floating jet ski dock within Shinn Creek canal for a total of 3 slips. A small, fixed pier measuring 6' long by 5' wide would extend on the eastern side of the property to a 13' by 13' boatlift. Located west of the fixed pier would be an access ramp extending from the bulkhead to a floating access platform measuring 8' long by 4' wide. A floating dock measuring 36' in length by 6' in width will extend west from the floating access platform and will run parallel to the bulkhead. On the west side of the floating dock will be two floating platforms. One floating platform measuring 8' long by 12' wide and one jet ski floating platform measuring 12' long by 10' wide. The application states that the proposed structures would provide docking space for three (3) vessels. Based on the provided water depths, the application states that water depths range from -8" to -3.1' at NLW within the vicinity of the docking facility (see drawing labeled "Proposed Structures"). The proposed docking facility would extend approximately 19' into the waterbody that measures approximately 76' across, which would conform with the '/. width rule. As proposed, there will be no encroachment into either 15' riparian setback. 10. ANTICIPATED IMPACTS: The proposed docking facility would incorporate 663 sq. ft of Estuarine and Public Trust Area. However, much of this area was usurped by the previous docking facility. The structures would not encroach into the 15' riparian corridor setback requirement of the adjacent riparian properties nor extend farther than %. width of the canal. The nearest docking facility is 40' to the northeast. The proposed structures would accommodate up to three (3) vessels within water depths range from -8" to -3. P relative to NLW (see drawing labeled "Proposed Structures'). Due to minimal water depths on the landward side of the proposed boat lift, stops many be recommended for resource protection. Minor increases in turbidity should be expected during construction. RECEIVED MAY 0 6 2021 Submitted by: Bryan Hall Date: 4/29/21 Office: Wilmington OCM-MHD CITY Narrative Revised 4/24/21 As acting agent for Michael and Lindsey Prochaska, I am submitting a CAMA Major Permit Application for their property located at 845 Shinn Point Rd, Wilmington, in New Hanover County. The existing docking facility will be completely removed and a new access ramp will be installed leading to a new 4' x 8' floating landing platform with a 2' x 3' fish cleaning station located on the south east comer. This platform will connect to a new 6' x 36' floating dock (to be located in the same location as the existing floating dock) which will connect to a new 8' x 12' floating platform which will then connect to a 10' x 12' floating drive on jet ski dock. Water depths adjacent to these structures range from -1.1' to 3.1' @ NLW within a man-made canal and generally within the same area usurped by the existing docking facility. A new 5' x 6' pier will be installed at the eastern side of the property to allow access to a new 13' x 13' boatlift within water depths of approx. -8" to -3' @ NL W within a man-made canal. If there are concerns from commenting agencies regarding water depths within the boatlift area, then stops will be installed. As proposed all structures will conform to the %. width of the waterbody limitation which is 19' since the width of the waterbody measures 76' in this location. The proposed structures will also conform to the adjacent 15' riparian corridor setback therefore not requiring waivers from either of the adjoining property owners. The DWR pre -filing meeting request has been filled out on the website and a copy of the return email resulting from that submittal is included in this CAMA Major Permit application. • 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. Please feel free to contact me if you have any questions or concerns RECEIVED MAY 0 6 2021' DCM-MHD CITY RECEIVED P;-I- 26 /^r,.,I ')CM WILMINGTpN, NC O A�?b9r, �6pv rrnrq rR rr �SJI �. 1W. 1 j�v 1 ite ..i*IPTxiv \ ri I I 4 Michael & Lindsey Prochaska 845 Shinn Point Road Wilmington, New Hanover County Prepared By: Debbie Wilson 4/20/21 NTS Contact Name* Debbie Wilson Contact Email Address` debbiew75@charter.net Project Owner* Michael & Lindsey Prochaska Project Name" Michael & Lindsey Prochaska Project County* New Hanover Owner Address:* Strad Address 845 Shinn Point Road Address Line 2 Oty Wilmington Postal / Zp oxle 28409 Is this a transportation project?* f Yes F No Type(s) of approval sought from the DWR: W 401 Water Quality Certification- r 401 Water Quality Certification - Regular Etpress r Individual Permit r Modification r Shoreline Stabilization Does this project have an existing project [DO?* r- Yes (-' No State/ Rake / p3gim NC 0"Y LISP, Do you know the name of the staff member you would like to request a meeting with? Fiolley Snider Please give a brief project description below and include location information.* Construct new docking facility consisting of floating docks, Floating jet - ski dodo and boatlift at 845 Shinn Point Rd.. Wilmington. Please give a couple of dates you are available for a meeting. 4/23/2021 Please attach the documentation you would like to have the meeting about. DECEIVED MAY 0 G 2021 DCM-MHD CITY Agent Form.pdf 420.85KB dcrr-mpl.pdf 1.3MB dcm-mp4.pdf 630.88KB Existing Conditions.pdf 737.21KB Proposed Structures.pdf 825.35KB Pdi Orty By digitally signing below, I certify that I have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meefing Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that D WR is not required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the thirty -day clock has expired. and you can submit an application. Signature' Submittal Date 4/8/2021 RECEIVED MAY 0 6 2021 DCM-MHD CITY ROY COOPER Governor DIONNE DELLI-GATTI seaemry BRAXTON DAVIS Dfnctor Debbie Wilson P.O. Box 16275 Wilmington, NC 28408 Dear Ms. Wilson: NORTH CAROLINA Environmental Quality April 29, 2021 The Division of Coastal Management hereby acknowledges receipt of your application, as acting agent for Michael and Lindsey Prochaska for State approval for development of the subject property located at 845 Shinn Point Rd adjacent to Shinn Creek Canal, in Masonboro Sound, in New Hanover County. It was received as complete on April 26, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is July 10, 2021. An additional 75-day 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 April 26, 2021, you may request a meeting with the Director of the Division of Coastal Management and permit staff 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 must be 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 a telephone 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. Sincere' RECEIVED Bryan Hal MAY 0 6 2021 Field Representative DCM-MHD CITY cc: Curt Weychert, DCM USACE Christine Bouffard, LPO Holley Snider, DWR Michael and Lindsey Prochaska, Applicant D� North Carolina Department of Environmental Quality I Division orCoa4a1 Management gt VAmtun OiA« 1127 Cardh,al Drive Extension I orl North Carolina 205 99s4. 9I0.79ti.7215 0' 17 NOT 1 (*$ aA AMA PERMIT APPLIED FOR r A Aicant roposes to remove an (3) New Hanover County. COMMENTS ACCEPTED THROUGH May28, 2029 APPLICANT: FOR MORE DETAILS CONTACT Michael 8 Lindsey Prochaska THE LOCAL PERMIT OFFICER BELOW: 845 Shinn Point NC Div. imn9 _Agent: o i Debbie Wilson (910) 612-0402 m ROY COOPER (M\CTnI DIONNE DELLI-GATTI Sllftlla BRAXTON DAVIS nlrcrmr. Unavim o/('nand Malwgmlenl May 4, 2021 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice for: • Michael & Lindsey Prochaska • Cordgrass Bay HOA, Inc. Hello: Please publish the attached Notice in the Friday, May 7, 2021 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 invoiceforpayment to Tanya Pietila at the NCDivision of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226 (Customer No. 489895). 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. & Customer Assistance cc: MHC Files Curt Weychert — MHC USACE RECEIVED MAY 0 6 2021 Stare of North Carolina I Fnvtronmentd Quality I Coastal Management nC M-M H D CITY 127 Cardinal Dtin Fx , Wilmington, NC 29405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On Apri120, 2021, Michael & Lindsey Prochaska proposed to remove existing docking facility & install new three (3) slip docking facility at 845 Shinn Point Rd., adjacent to Shinn Creek Canal in Wilmington, New Hanover County, and on May 4, 2021, Cordgrass Bay HOA, Inc. proposed to perform maintenance excavation within the existing community docking facility at 2301 N. Lumina Ave, adjacent to Lollipop Bay, Wrightsville Beach, New Hanover County. Copies of these applications can be examined or copied at the office of Katharine Elks N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wihington, NC 28405, (910) 796-7424 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 28, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. RECEIVED MAY 0 6 2021 Dchli-6d HD CITY AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit:t,cl 3 nds, n Pfocl-, tikc Mailing Address: W45 Si.,,.,,, Po.,,} RAC Phone Number: `hIH -72,n- 1 ih4 Email Address: �HpRo C 6✓h�.1 c:,M I certify that I have authorized Debbie Wiison. Agent Acent t Contactor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: �le,,, do.!< ., . -J oO( '., at my property located at $L{S SL. �r Pok'F EA , in Ne,ti- Na ,., z County. 1 furthermore certify that l 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. Pro7 7er Information: 1 4� Signature Print or Type Name Title Date — This certification is valid through RECEIVED MAY 062`l RECEIVED APR 19 2021 DCrr %Vi_"Git1G"or.., r ■ COMFI919 Reios 11 ZI 1119 if ■ 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 mailpiece, or on the front If space permits. t. Article Addressedto: Lloyd & Debbie Bowden, 849 Shinn Point Road Wilmington, NC 28409 9590 9402 3004 7124 2080 89 ?- A.t Je Nnmtwe ?mauler from wnrvMv. leh.n 7020 0640 0000 0376 4126 PS Form 3811, July 2015 PSN 7590.02-000.9os3 A. bIgne ;�Gf S Agent b_v�ltice,� ���/C7 D. is delivery encloses different from tern ? ❑ Ves tf YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mail Express® ❑ Adult Signature ❑ Registered Mailm ❑ Adult Signal= Restricted Delivery ❑ Reoistered Mail PA*lctsd ❑ Certified Mall® Delivery ❑ CMified Mall Restricted Delivery ❑ Return Reowirtfor ❑ Collect on Delivery Merchendiee ❑ Collect on Delivery Rssbicled Deikery ❑ Signature Confemaeonm ❑Insured Mail D Signature Confirmation ❑ Insured Mall Restricted Delivery Restricted Delivery Domestic Return Receipt ■ Complete items 1, 2, and S. A. Signature ewl n ■ Print your name and address on the reverse X. ® Agent so that we can return the card to you. ❑ >� ■ Attach this card to the back of the mallpiece, a• Reoaived by "nted ft" C. of Dell or on the front tf space parmits. -- - \� I L,C Q7'e iQ 1. ArtI D. Isdelhiery address different from tom l9 Yes Scott &Virginia Crowder If YES, enter delivery address below: ❑ No 841 Shinn Point Road Wilmington, NC 28409 9590 9402 3004 7124 2089 73 7020 0640 0000 0376 4119 PS Form 3811. July 2015 PSN 7530.02-000-9053 3. Sev" a Type ❑ Adut Signature P Prior, Md Express® ❑ AdultSignalise Restricted Delivery ❑ Registered Mellie ❑ geplatved Men Restricted D Catlned Me's Delivery ❑ Ce,tiaed Moll Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery MerchaDelivery ❑ Collect on Delivery RasMcted pai Sivatundise RECEIVED ❑ Signature Conftnniner ❑ Insured Mal ❑ Signature Co on ❑ Insured Mail Restricted Delivery t— ecee, livery Restricted Delivery Domestic Return Receipt MAY U 6 2021 DCM-MHD CIT BK: RB 6001 PG: 1118 -1120 ND FEE M 00 201Bi)29422 RECORDED' NEW HANOVER COUNTY, 09113/2018 REAL ESTATE TAMMY THEUSCH BEASLEY 02:20:57 PM EXTX $1030.00 REGISTER Of DEEDS BY: CAROL HIXiHLEY DEPUTY ELECTRONICALLY RECORDED Excise Tax: $ 1o3p!� This instrument was prepared by: Liles and Godbey, PC, Attorneys at Law, 6406 Beach Drive SW, Ocean Isle Beach, NC 28469 - Prepared without examination or certification of title. Brief description for the Index: Parcel No. R06220-001-020-000 General Warranty Deed STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER 1tA THIS DEED made this day of September, 2016 by and between Wade Christopher Ward and wife, Alisa Sullivan Ward, GRANTOR whose address is 311 Summer Rest Road, Wilmington, NC 28405 and Michael P. Prochaska and wife, Lindsey H. Prochaska, GRANTEE whose address is 11422 N. Winchester Avenue, Kansas City, MO 64156. The subject property was not the GRANTOR'S Primary Residence. 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 of that certain lot, tract or parcel of land situated, New Hanover County, North Carolina and more particularly described as follows: See Attached Exhibit "A" RECEIVED TO HAVE AND TO HOLD the aforesaid lot, tract or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. MAY U 6 2021 AND the Grantor covenants with the Grantee, that Grantor is seized of said premises in fee simple, has the right to convey the same in fee simple, that title isv)cM-MHD CITY Submitted electronically by "Tiago Title, LLC." in compliance with North Carolina statutes governing recordable documents and the terms of the submitter agreement with the New Hanover county Register of Deeds. 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 except for the exceptions hereinafter stated. Title to the property hereinabove described is subject to the following exceptions: The provisions of all applicable zoning and land use ordinances, statutes and regulations; 2016 ad valorem taxes; all applicable restrictive covenants and utility easements of record. 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. IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. ``,, //jj�� , 1 /V ,& tom—, ✓`� (SEAL) W de Christopher Ward (SEAL) Alisa Sullivan Ward State of North Carolina Countyof NLW 14-atnovQ-e- I, a Notary Public of said State and County aforesaid, do hereby certify that Wade Christopher Ward and wife. Alisa Sullivan Ward principal(s), personally appeared before me this day, and or (i) I have personal knowledge of the identity of the principal(s), and or (ii) I have seen satisfactory evidence of the principals identity, by current State or Federal Identification with the principal(s) photograph in the form of a N G D I— and or a (iii) credible witness has sworn to before me the identity of the principals each acknowledging to me that he or she voluntarily signed the foregoing document for the purpose therein and in the capacity indicated. Witness my hand and official seal or stamp, this IZA day of September, in the year 2016. GRETA WSCH ITZ NOTARY PUBLIC N Ny commis n Exom 1HANOVER N 0 p 9 Notary Public Official Signature n•21iX mulch 1 + Notary Public Printed Name My commission expires: t t j 3 t 9 RECEIVED MAY 0 6 2021 OCM-11AF%L7 CITY Exhibit "A" Being all of Lot Number Thirty -Eight (3S), Section 1, of Shinn Point Subdivision, as shown and described on that certain plat entitled "Shinn Point' recorded in Map Book 19, Page 71, in the Office of the Register of Deeds of New Hanover County, North Carolina, to which plat reference is hereby made for a more complete description of said lot; together with a right-of-way in common with others over, through, or upon any and all existing streets providing access to the lot shown on said map. This conveyance is expressly subject to all existing and recorded restrictions, exceptions, reservations, easements, right-of-way, conditions and covenants of whatever nature including, without limiting the generality of the foregoing, that certain Declaration of Restrictive Covenants filed May 12, 1978, in Deed Book 1130, Page 1530 as amended, of the Registry of New Hanover County, North Carolina, and it is also expressly subject to all county and state zoning Iaws and other ordinances, regulations, laws and restrictions applicable to and enforceable against the hereinabove granted and described lot or parcel of land, and is also subject to ad valorem taxes assessed against said premises for the current year, if unpaid at the time of the recording of the Deed. By acceptance of this Deed: (i) Grantee agrees to abide by ail the terms, conditions, restrictions and covenants in the aforementioned Declaration of Restrictive Covenants and to pay all assessments levied pursuant thereto; and (ii) Grantee agrees to be a member of Shinn Point Homeowner's Association, Inc., to pay all fees, dues and assessments levied by said Association upon Grantee as a member thereof; and to otherwise abide by the Articles of Incorporation and By-laws of said ,Association. DECEIVED MAY 0 6 2021 DCK4-MHD CITY ROY COOPER Gmamor DIONNE DELLI-GATTI secretary. N, Idl,' r ,,.knl IrJ,, Wikili ;,I' (;q. iNv. May 4, 2021 MEMORANDUM FROM Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) gregg. bodnar(rDNCDEN R.gov SUBJECT: CAMA BRAXTON DAVIS Director. Division ofC'oaaml Management Applicant: Michael and Lindsey Prochaska Project Location: 845 Shinn Point Rd., adj. to Shinn Creek Canal, Wilmington, New Hanover County Proposed Project: Proposal to remove the existing docking facility, construct a private pier, boat lift, additional access pier, two floating platforms, floating dock & floating jet ski dock within the Shinn Creek canal for a total of three (3) slips. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnarat the address above by May 28, 2021. If you have any questions regarding the proposed project, contact Bryan Hall 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** PRINT AGENCY SIGNATURE DATE 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. Stale of North Camlira I Environmental Quality I Coastal Management 127 Cardinal Dave Exl., Wilmington, NC 29405 919 796 7215 14ECEIVED MAY 0 6 2021 CITY b 1-AHD CITY NC Division of Coastal Management Major Permit Application Computer Sheet AEC. 1"r-LTc<r��• - Fee: $ tfov # L�pb CDAITS MHC cc Applicant: r -A Agent/Contractor- Project Site County: Staff: _ S District: Wilmington Project Name: 616 191N,^ Rover File: n/a River Basin: Initial date of application submittal: Date application "received as complete' in the Field office: Permit Authorization: CAMA El Dredge & Fill ❑Both SITE DESCRIPTION/PERMIT INFORMATION ORW: []Yes MNo I PNA: DgYes ❑No Photos Taken: Yes ❑ N029 Setback Required (riparian): ❑Yes INNo Critical Habitat: ❑Yes ❑No PNot Sure 15 foot waiver obtained: ❑Yes o Hazard tification Returned: ❑Yes V4No SAV: ❑Yes No ❑Not Sure Shell Bottom: ❑Yes ❑No 14 Not Temporary Impacts: IpYes ❑No Sure Sandbags: ❑Yes IANo ❑ Not Sure Did the land use classification come Mitigation Required (optional): from county LUP:%Yes ❑No ❑Yes IfNo Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes %No ❑NA ❑Yes ❑No)QNA I to FT Shellfish Area Designation: Project Description: (code) Development Area: (code) Open - - Closed O - Q SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) WETLANDSIMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicornia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina alterniflora) cynosuroides) ❑ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (Typha sp.) spicata) sp.) ❑ (JR) Black needlerush (Juncus ❑ (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or comm w/ D&F to 1 can be applied - $250 cre; 4144 can't be applied - $400 ❑ Minor Modification to a CAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 ❑ Major development extension request - ❑ It. Public or commercial/no dredge RECEIVED $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 MAY 0 6 NZI acre; 4144 can be applied; DCM needs DWQ agreement- $400 .MHD CITY Applicant: Date: Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE IF — Activity Name Number Choose One Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 I New Work Replace Maint ❑ ❑ y V N New Work gg Replace 1 3 / Maint❑ ❑YAN I3 11 l Naw Wori(K Maint ❑ Replace ❑'YA N �' ,yr. 1 1-3 S ( New Work Maint Replace f -36 ❑ ❑ Y N S New Work Maint ❑ Replace ❑ V N Vs ( �X ace t Ot t r7 / Ma ❑ ❑ YWork C+ New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft. FINAL Sq. Ft. TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts) impact amount) temp impacts) amount I , OW Dredge ElFill [IBoth ElOther 1g Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVED - Dredge ❑ Fill ❑ Both ❑ Other ❑ MAY 0 6 2021 DCM-MHD CITY 919-733-2293:: 1.888.4RCOAST:: www.ncecastaimanaaement.net revised: 02;26,18 Date Date Check From Name of Vendor Check Check Permit Rct. p Received Deposited Permit Holder Number amount Number/Comments 4/29/2021 Debra Wilson Michael & Lindsey LG FCU 2106 $150.00 major fee, 845 Shinn Pt Rd, BH rct. Prochaska Wilmington, NHCo SPLIT60/40 12885 (check 1 of 2) 0 � o YP9 � M 0 v N Date Date Check From Name of 7Vendor Check Check Permit Rct. # Received i Deposited Permit Holder ! Number amount Number/Comments 4/29/2021 Lindsey Prochaska Michael & Lindsey Bank of 1246 $250.00 major fee, 845 Shinn Pt Rd, BH rct. Prochaska America Wilmington, NHCo SPLIT60/40 12884 (check 2 of 2) a 0 � o N 0 ITS M 0 N v J Major Permit Fee Schedule Project Name:}.��5 �ti(1n %�} I2c�l• County: hp, 4"Ovt%- Check No & Amount: I Z46 -125C vv 2(0G-$i5) DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or $250 100% ($250) 0% ($0) excavation of any wetlands or open water areas. II Public or commercial development that does not involve the filling or excavation $400 100% ($400) 0% ($0) of any wetlands or open water areas. III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B. C, or D below applies III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 094, ($O` Certification No. 4175 can be applied. III(B). Public or commercial development. if General Water Quality Certification $400 100% ($400) 0% ($0) No. 4175 can be applied. III(C). If General Water Quality Certification No. 4175 could be applied, but DCM staff determined that additional $400 60% ($240) 40% ($160) review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life. III(D) If General Water Qual ty $400 60% ($240) 40% ($160) Certification No. 4175 cannot be applie ' IV. Development that involves the filling andlor excavation of more than one acre $475 60% ($285) 40% ($190) of wetlands and/or open water areas: ;�FCEIVED MAY 0 6 2021 DCM Coordinator: Gregg Bodnar County: N� WIRO E-MAIL DISTRIBUTION SHEET Circle e: Bio Report / Wermit for: Oversize serTt;.4 - Permit #: -T-eyp— DCM Offices: I tr Morehead City: PT (if oversize) via Courier / 'cc Gregg & Amanda on group email w/ bio.narr.app. drawings, deed, comment sheet_✓ 'MHC documents (Gregg & Amanda) Wilmington: Original hard -copy _.j ONLY USACE & DWR (wino): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: r & Carteret Co): PN, CL, Reports, Split Sheet use both ngtonNCREG@usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet _ reg Currey (NH/BR: PN, CL, Reports, Split Sheet_ Div of Water Resources: ey 401 (BR/NH): PN, CL, Reports, Split Sheet 401 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: heri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: vRim Harding _ DCM Planner/WiRO: vMike Christenbury Cultural Resources: vKenee Gledhill -Earley Environmental. Reviewa)..ncdenrcov _ Natural Heritage Prog. XR'odney Butler _ Ziegler DCA-Rural Eco. Dev: _ NC DOT: V�ark %Oavid Harris _ Wildlife Resources: -,dtllarda Dunn w/Reports State Property Office: 1.t n Walton: DEED WO Moser _ .,Wanda Hilliard, Real Property Agent (Bio Reports only) Shellfish Sanitation: 1Cerbmy Humphrey (Bio) / Shannon Jenkins 690 haron Gupton, Admin. 11WJgCF Public Water Supply: City of Wilmington: Enforcement: _Co. LPO Agent: t, uistine Hall - Stormwater Section D,�Sams - Land Quality Section V idi Cox �thryn Thurston _ Field Rep:)Mn iq If 011 (✓ , l�j i,'l/l �a DISTRIBUTED: t;; I V "a' RECEIVED MAY 0 6 2021 DcM-MHD CITY Updated ./&21 CAMA/Shaun majors docs/e'Agency List Hal From: Hall, Bryan L Sent: Friday, April 23, 2021 9:01 AM To: debbiew75@charter.net Cc: MacPherson, Tara Subject: 845 Shinn Point Rd. Application Hi Debbie, Tara and I reviewed the application for 945 Shinn Point Rd. We came up with a couple questions/things that need to be addressed. 1. Jet ski floating docks count as platform space, not slips. Sothis will be a three slip facility, not a five slip. Please remove the slips numbers from the jet ski dock. 2. Platform space for the property can't exceed 440sq ft per the city's shoreline rules. What's proposed looks to be about 494sq ft. Please address and update. 3. We'll need water depths on the landward side of the proposed boatlift, floating platform, and jet ski dock shown on the drawing. 4. This requires a $400 check. With water depths less than 2ft, DCM has to split the fee with DWR now therefore bumping it up to $400. 1 can shred the $200 check for you if you would like. 5. Please verify the shoreline length, riparian lines and make sure the drawing scales out correctly as the facility goes right to the edge of the setback on both sides. Just to be certain that a waiver will not be needed. Let me know if you have any questions. Thanks, Bryan Hall Field Representative NC Division of Coastal Management Department of Environmental Quality (910) 796-7423 office bryan.l.hall@ncdenr.gov 127 Cardinal Drive Ext Wilmington, NC 28405 --'-',Nothing Compares DECEIVED Email correspondence to and from this address is subject to the MAY 0 6 2021 North Carolina Public Records Law and may be disclosed to third parties. DCM_MHD CITY From: debbiew75@charternet <debbiew75@charternet> Sent: Wednesday, March 31, 2021 11:14 AM To: Kathryn Thurston <Kathryn.Thurston Subject: Pier permit @� iingt°nnc.gov> Hey Kathryn, I hope all is well with you in this crazy time. I'm working on a CAMA Major Permit application located at 845 Shinn Point Road for a new docking facility and would like for you to take a look and make sure that it will be permissible under the City's pier regulations before I submit it for agency review. Please let me know if you see anything that will need to be addressed/changed. If you would like to discuss anything you can call me at (910)612-0402. Thank you and stay safe! Debbie Wilson E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. RECEIVED MAY 0 6 2021 DCM-MHD CITY From: "Kathryn Thurston" <Kathryn.Thurston@wilmingtonnc.gov> To: "dcbbicw75@chnrtcr.nct" <dcbbicw75@charter.net> Cc: BCC: Priority: Normal Date: Wednesday March 312021 2:21:57PM RE: Pier Permit Hey Debbie — it looks like they have 110' of shoreline and that they're proposing 396 square feet of dock/pier/platform exclusive of the access (but not including the fish clean station, since I couldn't read the dimensions on that). Looks like it will work — they just have to stay under 440 square feet. Thanks! Kathryn H. Thurston, AICP Zoning Administrator/Floodplain Manager City of Wilmington Department of Planning, Development, and Transportation PO Box 1810 Wilmington, NC 28402-1810 910.341.3249 Wilmingtonnc.gov )l �y GTON Follow us on Facebook or Twitter facebook/cityofwil ington @cityofwilm E-mail correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to REPENED MAY 0 6 2021 DCM-MHD CITY Existing Adjacent Dock 42' Scott & Virginia Crowder 841 Shinn Point Road Wilmington, NC 28409 L Existing Floating Dock I —15'--4 Setback I WE M Proposed Structures 10' x 12' kinffnirm 8'x 12' Floating loating Jet Dock Pier E n m m Exist7Boatfift M �J Ikhead / N V" Existing Bulkhead / NHW Access redit 6' x 36' Floating Dock 0 i 4' x 8'CL 21" 0 Floating m o Platform 1.1' For ACCeSS n Fish Cleaning U Station 2'x3' _ " U Q 10, Michael& Lindsey Prochaska 845 Shinn Point Road Wilmington, NC 28409 �-- 15' — Setback I O Q�> t 13' x 13'� Boat Lift 8"j ,10" 8" i 5' x 6' Fixed Pier Michael & Lindsey Prochaska 845 Shinn Point Road Wilmington, New Hanover County Drawn By: Debbie Wilson 3/28/21 Scale: 1" = 10" Revised 4/24/21 = Water Depths Relative to NLW O = Slip Numbers 1/4 Width of Waterbody = 19' RECENED ON 16 "I"k INGTON, NC pCM WI�M =-;FCEIVED MAY 0 6 2021 r)cm-wn CITY Lloyd & Debbie Bowden 849 Shinn Point Road Wilmington, NC 28409 �N Existing Adjacent Dock 63' Scott & Virginia Crowder 841 Shinn Point Road Wilmington, NC 28409 Existing Floating Dock I Setback ( I e Canal Pier Existing /k c Boatlift — --� Existing Floating Dock 40.5' 4 _2.2' 6.5' IL - 9-- 9.5' existing Jet Dock u ,-,Existing Fence 1 L Michael & Lindsey Prochaska 845 Shinn Point Road Wilmington, NC 28409 / NHW O 19' I G Michael & Lindsey Prochaska 845 Shinn Point Road Wilmington, New Hanover County --- Drawn By: Debbie Wilson 3/28/21 Scale: 1" = 10" Revised 4/24/21 I f Setback 1 f 0 = Water Depths Relative to NLW O = Slip Numbers 1/4 Width of Waterbody = 19' RECEIVED Ask 2 6 , I MAY 0 6 2021 DCM-IMHD CITY Lloyd & Debbie Bowden 849 Shinn Point Road Wilmington, NC 28409