99-13 Renewal Merrell, Cynthia & Gerald

nit Class Permit Number
NEWAL 99-13
STATE OF NORTH CAROLINA
- - — -- - Department of Environmental uali
and
Coastal Resources Commission
Vermt"t
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
:ed to Cynthia and Gerald Merrell. 2044 Trinity Ave., Wilmington, NC 28411
horizing development in New Hanover County at adj. to the AIW W, at 2044 Trinity Ave. near
as requested in the permittee's application dated letter
This permit, issued on February 3, 2017 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
lie subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1,)_ . This renewal shall be attached to Permit No. 99-13, which was issued to the permittee on 8/20/13,
and both documents shall be readily available on site when a Division representative inspects the
project for compliance.
All conditions and stipulations of the active permit remain in force under this renewal.
A permit renewal application processing fee of $100 was received by DCM for this project.
'permit action may be appealed by the permittee or
dalified persons within twenty (20) days of the issuing
permit must be accessible on -site to Department
;1 when the project is inspected for compliance.
maintenance work or project modification not covered
ier requires further Division approval.
cease when the permit expires on
issuing this permit, the State of North Carolina agrees
lour project is consistent with the North Carolina Coastal
tgement Program.
Signed by the authority of the Secretary of DEQ and the
Chairman of the Coastal Resources Commission.
Braxton Davis, Director
ivision of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

K
a
Coastal Management
ENVIRONMENTAL QUALITY
MEMORANDUM
TO: Doug Huggett
Major Permits Coordinator, DCM
FROM: Shaun Simpson
Permit Support, Wilmington
THRU: Debra Wilson J
District Manager, Wilmington
DATE: December 15, 2016
SUBJECT: Request for Renewal of State Permit No. 99-13
Cynthia and Gerald Merrell
2044 Trinity Ave, Wilmington, New Hanover County
PAT MCCRORY
Gommor
DONALD R. VAN DER VAART
Se—tmy
BRAXTON DAVIS
Dmaor
Mr. Gerald Merrell is requesting renewal of State Permit No. 99-13, originally issued on
August 20, 2013, and due to expire on December 31, 2016. Mr. Merrell states that the project had been
delayed due to financial constraints and that no changes are planned to the existing permit conditions.
lK.0
This office has no objection to the renewal of State Permit No. 99-13. Mr. Merrett has
submitted a check (#2564) in the fee amount of $100.
WiRO file
Tyler Crumbly, USACE
Robb Mairs, DWR
RECEIVED
DEC 21 2016
DCM- MHD CITY
State of North Carolina I Envim mental Quality I Coutal Management
127 Cardinal Drive Eat., Wilmington, NC 28405
910-796-7215

North Carolina Department of Environmental Resources
127 Cardinal Drive
Wilmington, North Carolina 28405
910-796-7215
Cynthia and Gerald Merrell
2044 Trinity Avenue
Wilmington, North Carolina 28411
910-622-3192
Re: Request for renewal major permit
Permit Number: 99-13
To whom it may concern:
We would like to make a request for renewal of our Major Coastal Permit. It currently expires on
December 31, 2016. We have not begun the project due to lack of finances at this time. No changes to
be made to the current permit.
Please call me with any questions or concerns at anytime. Thank you.
Sincerely,
l-
Gerald Merrell (70 SI 26110
RECEIVED
DEC 21 2016 RECEIVED
DCM WILMINGTON, NC
DCM- MHD CITY

Pentiit Class
NEW
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
Issued to Cynthia and Gerald
and
Coastal Resources Commission
Vermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
NC
Permit Number
99-13
Authorizing development in New Hanover County at adi. to the AIWW, at 2044 Trinity Avenue
near Wilmington , as requested in the permittee's application dated 6/11/13 including the
attached workplan drawings (4) all dated 6/11/13
This permit, issued on August 20, 2013 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Docking Facility
1) Unless specifically altered herein, this permit authorizes only the replacement of the dilapidated
boathouse and the additional floating dock to the existing docking facility and other structures and
uses located in or over the water that are expressly and specifically set forth in the attached permit
application and workplan drawings. No other structure, whether floating or stationary, shall become
a permanent part of this docking facility without permit modification. No non -water dependent uses
of structures shall be conducted on, in or over public trust waters without permit modification.
2) The authorized structure shall not extend more than 1/4 of the width of the waterbody, as measured
from the waterward edge of the marsh on both sides of the water body immediatgLy V �t ft]ae
project site. j� C C pV CD
(See attached sheets for Additional Conditions) DEC 21 Z016
This permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date. An appeal requires resolution prior to work initiation or
continuance as the case may be.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires
further Division approval.
All work must cease when the permit expires on
December 31, 2016
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the U� s LJ�6\i
Chairman of the Coastal Resourc
Braxton C. s, Director
Division of Coa�IkN�&gement
DCM WILMINGTON, NC
This permit and/slconditions are hereby accepted.
Signature of Permittee

Cynthia and Gerald Merrell Permit # 99-13
Page 2 of 3
ADDITIONAL CONDITIONS
3) 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.
4) The boathouse shall not be completely enclosed or have side coverage more than one half the height of
the side, from the roof waterward.
5) The authorized boathouse shall be single story, and shall not be designed to allow for second story use.
6) The permittee shall maintain the authorized work in good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
7) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee will not be entitled to compensation for damage to the authorized structure or work, or injury
which may be caused from existing or future operations undertaken by the United States in the public
interest:
8) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
9) This permit authorizes one additional boat slip for a maximum of four formalized boat slips
General
10) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
11) No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily.
12) 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.
13) The permittee and/or his contractor shall meet with a repr�$e tive of the Division prior to project
initiation. R EC E I'L
DEC 2 1 2016 RECEIVED
DCM WILMINGTON, NC
DCM- MHD CITY

Cynthia and Gerald Merrell Permit # 99-13
Page 3 of 3
ADDITIONAL CONDITIONS
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: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division at [phone] 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: The U.S. Army Corps of Engineers authorized the proposed project under General Permit No.
SAW- 2013-01268.
RECEIVED
DEC 21 2016
DCM- MHD CITY
RECEIVED
DCM WILMINGTON, NC

DCM Coordinator: &t)4;? Permit #: 9i ` t3
MAILING DISTRIBUTION SHEET n
Permitee: t i� 1C I
DCM Field Offices
Elizabeth City
Morehead City
Washington
Wilmington
US ACOE Offices:
Washington: Raleigh Bland
Josh Pelletier
(with revised work plan drawings)
William Westcott (NC DOT)
Bill Biddlecome (NC DOT)
Wilmington: Tyler Crumbley'
Liz Hair
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
Water Quality:
Washington:
Wilmington:
DEMLR:
Washington:
Wilmington:
Wildlife Resources:
LPO:
Renee Gledhill -Early or([e-mail])
Heidi Cox (WIRO)
Joey White (WARO)
Shane Staples
Ben Hughes
Shannon Jenkins
Tim Walton
Karen Higgins (Raleigh)
John Hennessy (NC DOT)
Anthony Scarbraugh — 401
Robb Mairs — 401
Chad Coburn - 401
Scott Vinson - Stormwater
Georgette Scott - Stormwater
Maria Dunn
Fax Distribution: Permitee
Agent #:_

t
-Z y .-,
_P
Coastal Management
ENVIRONMENTAL QUALITY
February 7, 2017
Cynthia & Gerald Merrell
2044 Trinity Ave.
Wilmington, N.C. 28411
Dear Sir or Madam:
ROY COOPER
covviior
�'MICHAEL S. REGAL-
-.
BRAXTON C. DAVIS
Director
The enclosed permit constitutes authorization under the Coastal Area Management Act, and
where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The
original (buff -colored form) is retained by you and it must be available on site when the project is
inspected for compliance. Please sign both the original and the copy and return the copy to this office in
the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal
described below.
If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS
113A-121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter
150B with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714,
[phone] within twenty (20) days of this decision on your permit. You should also be aware that
another qualified party may submit an objection to the issuance of this permit within twenty (20) days.
The project plan is subject to those conditions appearing on the permit form. Otherwise, all work
must be carried out in accordance with your application. Modifications, time extensions, and future
maintenance requires additional approval. Please read your permit carefully prior to starting work and
review all project plans, as approved. If you are having the work done by a contractor, it would be to your
benefit to be sure that he fully understands all permit requirements.
From time to time, Department personnel will visit the project site. To facilitate this review, we
request that you complete and mail the enclosed Notice Card just prior to work initiation. However, if
questions arise concerning permit conditions, environmental safeguards, or problem areas, you may
contact Department personnel at any time for assistance. By working in accordance with the permit, you
will be helping to protect our vitally important coastal resources.
Enclosure
Sincerely,
Youglas V. Hugg
Major Permits Manager
N.C. Division of Coastal Management
State of North Carolina I Environmental Quality I coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead aty, NC 28557
2528082808

DEPARTMENT OF THE ARMY
wILMINGTON D1sTRIC'G, CORPS of EftNEERs
80 DARLINGTON AVENUE
VMMINGTON, NORTH CAROLINA 28403-1343
04 January, 2017
Regulatory Division
Action ID No. SAW-2013-01268 and State Permit No. 99-13
General Permit No. 198000291
Cynthia and Gerald Merrell
2044 Trinity Avenue
Wilmington, North Carolina 29411
Dear Mr. and Mrs. Merrell:
Through coordination with the North Carolina Division of Coastal Management, we have
learned of your request to renew your Department of the Army (DA) permit, issued on August
27, 2013, authorizing the replacement of an existing boathouse and construction of an additional
floating dock at 2044 Trinity Avenue, adjacent to the Atlantic Intracoastal Waterway and Middle
Sound, in Wilmington, New Hanover County, North Carolina.
Your proposal continues to be consistent with the provisions and objectives of general
permit No. 198000291 (copy enclosed). The permit is hereby modified. It is understood that all
other conditions of your permit remain applicable.
If any change in your work is required because of unforeseen or altered conditions or for
any other reason, plans revised to show the change must be sent promptly to this office and the
North Carolina Division of Coastal Management prior to performing any such change or
alteration. Such action is necessary as revised plans must be reviewed and the authorization
modified. Your Department of the Army permit will expire on December 31, 2021.
Questions or comments may be addressed to Mr. Tyler Crtubley, Wilmington Field
Office, Regulatory Branch, telephone [phone].
Sinoer[
Tyler Crumbley
Regulatory Project Manager
Enclosures:
CAMA permit
GP 291 conditions

-2-
Copies Furnished (without enclosures):
Dr. Ken Riley
National Marine Fisheries Service
Habitat Conservation Service
Pivers Island
Beaufort, North Carolina 28516
Dr. Pace Wilber
National Marine Fisheries Service
Habitat Conservation Division
219 Fort Johnson Road
Charleston, South Carolina 29412-9110
Mr. Doug Huggett
Division of Coastal Management
North Carolina Department of
Environmental Quality
400 Commerce Avenue
Morehead City, North Carolina 28557-3421
Mr. Robb Mairs
Division of Water Resources
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405
Ms. Karen Higgins
Division of Water Resources
North Carolina Department of
Environmental Quality
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife Service
Fish and Wildlife Enhancement
Post Office Box 33726
Raleigh, North Carolina 27636-3726

-3-
Mr. Todd Allen Bowers
US EPA Region 4 Life Scientist
Water Protection Division
61 Forsyth Street, SW
Atlanta, Georgia 30303-8960
BOSN3/Mr. Scott McAloon
United States Coast Guard
Sector North Carolina Waterways Management
2301 E. Fort Macon Road
Atlantic Beach, North Carolina 28512
Ms. Heather Coats
Division of Coastal Management
North Carolina Department of
Environmental Quality
127 Cardinal Drive Extension
Wilmington, North Carolina 28405

August 12, 2016
Cynthia and Gerald Merrell
2044 Trinity Avenue
Wilmington, NC 28411
Subject: Letter of Concern
Dear Mr. and Mrs. Merrell:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secrewry
BRAXTON DAVIS
Director
This letter confirms that on August 5, 2016, Robb Mairs, Field Representative for the Division of Coastal Management,
observed six marine vessels, creating two unauthorized formalized slips, at your docking facility, which is located
adjacent to Harrelson Creek/Middle Sound at 2044 Trinity Avenue in Wilmington, New Hanover County, North Carolina.
On August 20, 2013 State Permit No. 99-13 was issued to you for a four slip docking facility and contained the following
condition:
(9) This permit authorizes one additional boat slip for a maximum of four formalized boat slips.
No additional formalized boat slips at this location within Harrelson Creek. Please be advised docking six vessels
creates six formalized slips which violates the conditions of State Permit No. 99-13.
The relevant statutes and regulations are available from this office, and I am willing to assist you in complying with the
requirements of these laws. Please contact me at [phone] in order to ensure that the docking facility is in
compliance with the Coastal Area Management Act, the Coastal Resource Commission's rules, and the local
jurisdiction's Land Use Plan. Thank you for your time and understanding in resolving this important matter.
Sincerely,
Tara MacPherson
Field Specialist
Division of Coastal Management
Enclosure
Cc: WIRO — file
Jeremy Humphrey- Division of Shellfish Sanitation
State Permit NO.99-13 FILE
RECEIVED
AUG 17 2016
DCM- MHD CITY
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405
910-796-7215