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HomeMy WebLinkAbout99-13 Merrell, Cynthia & GeraldPdrrnit Class ;NEW Permit Number 99-13 STATE OF NORTH CAROLINA Department of Environment and Natural Resources and Coastal Resources Commission 4Verm't for T . X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 Excavation and/or filling pursuant to NCGS 113-229 ,-Issued to Cynthia and Gerald Merrell, 2044 Trinity Ave., Wilmington, NC 28411 Authorizing development in New Hanover County at adi. to the AIW W, at 2044 Trinity Avenue, ;as requested in the permittee's application dated 6/11/13 including the 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 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. The authorized structure shall not extend more than'/4 of the width of the waterbody, as measured from the waterward edge of the marsh on both sidesofthe water body immediately in front of the project site. (See attached sheets for Additional Conditions) =it action may be appealed by the permittee or [!tied persons within twenty (20) days of the issuing appeal requires resolution prior to work initiation or cc as the case may be. its permit must be accessible on -site to Department onnel when the project is inspected for compliance. iy maintenance work or project modification not covered under requires further Division approval. 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 Secretary of DENR and the Chairman of the Coastal Resources Commission. Braxton C. Ws, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee C j nth a and Gerald Merrell Permit # 99-13 Page 2 of 3 ADDITIONAL CONDITIONS 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. The boathouse shall not be completely enclosed or have side coverage more than one half the height of the side, from the roof waterward. The authorized boathouse shall be single story, and shall not be designed to allow for second story use. 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. 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. 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. This permit authorizes one additional boat slip for a maximum of four formalized boat slips. General )'.. 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. ),- No Coastal Wetlands or open water areas shall be excavated or filled, even temporarily. 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. The permittee and/or his contractor shall meet with a representative of the Division prior to project initiation. 4x' 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 (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water =t -: dependent activities are not authorized within 30 feet of the normal high water level. The U.S. Army Corps of Engineers authorized the proposed project under General Permit No. SAW- 2013-01268. KM MP-1 RFCEIVED APPLICATION for Major Development Permit (last revised 12127/06) JUL 12 2013 T�\!- IL nlTy North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant(LandownerInformation Business Name Project Name (if applicable) Applicant 1: First Name L MI Last Name Applicant : First Name MI Last Name (C/ el- 144,0.1.4,4� ff additional applicants, please attach an additional pages) with names listed. Mailing Address PO Box City State ZIP Country Phone No. FAX No. 2dr—y� t&�— qA, �k3i9L ext.- Street Address (t different from above) City-' State ZIP c/y 7 it—V17. 17 is /L-c— a r , L ( Email *7 "cf eye, c, cc, 2. Agent/Contractor Information Business Name Agent/ Contractor t: First Name MI A Last Name Agent/ Contractor 2: First Name MI Last Name Mailing Address PO Box City State ZIP 2� ycJ-- Phone No. 9lO, - 40%-Gc 9c ext. Phone No. 2 - - ext. FAX No. Contractor If Street Address (t different from above) City State ZIP Email RECEIVED DCM WILMINGTON NC <Form continues on back> JUN 1 2 2013 252-808-2808 :: 1-888.4RCOAST .: www. nccoa sta lmanagement. net Form( DCM MP-1 (Page 2 of 4) RECEIVED APPLICATION for JUL 12 2013 Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd. # w H-�-Y -, 2 o 4./1- J-- Subdivision Name City State Zip Phone No. Lot No.(s) (t many, attach additional page with list) 9YC- - (oZy 3/9j ext. I I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project r{1,r,, e e,4-- c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed prof site. ZRdt-ural anmade ❑Unknown�<a� eWa e. Is proposed work wi in city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Yes work falls within. 4. Site Description <, a , a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) —6 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) (if many lot sizes, please attach additional page with a list) �tl6 Ior ❑NWL e. Vegetation on tract c7 I. Man-made features and uses nowon tract YG"5- /)L, - 'A- g. Identify and describe the existing land uses adlaoent to the proposed project site. h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning oompliann certificate, if applicable) r []Yes❑No �I�A j. Is the p posed activity part of an urban waterfront redevelopment proposal? []Yes 21fo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes []No 211A If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes 2<o ❑NA National Register listed or eligible property? ._ j V E D <Form continues on next page> DCM WILMINGTON, NC JUN 12 2013 252-808-2808 .. 1-888-4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 3 of 4) BECEWM APPLICATION for Major Development Permit JUl 1 2 gnfq m. (i) Are there wetlands on the site? es ❑No (ii) Are there coastal wetlands on the site? []No (iii) If yes to either (i) or (ii) above, has a delineation been conducted? oyes Ego (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Y-� C. l'7''4'er— o. Describe existing drinking water supply source. %, '.AI p. Describe existing storm water management or treatment systems. 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government e- '(/o„L atefCommunily b. Give a brief description of purpose, use, and daily operations of the project when complete. f�cCk'%j c7�/a2,Icn Cram G✓r4T 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. d. List all development activities you propose. e. Are the proposed activities maintenance of an existing project, new work, or both? I. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public acoessway or other area ❑Yes 4260 ❑NA that the public has established use of? 1 _ e j C�.�/ 2- h. Describe location and type of existing and proposed discharges to waters of the state. I. Will wastewater or stornwater be discharged into a wetland? []Yes []No 43RA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No 2 A j. Is there any mitigation proposed? []Yes []No DNA If yes, attach a mitigation proposal. R.1 c C k_. ! V E D UUM WILMINGTON, NC <Form continues on back> JUN 1 2 2013 "6) 252-808.2808 .. 1.888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) RECEIVED APPLICATION for Major Development Permit )WL 12 2013 . 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applcable,, must be oubmitted in order for the application package to be complete. Items (a) - (n are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the dead (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. SJOP aj—c I. 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 c L°- a�l,fc .�� Phone No. Address / q14- 1?& - Name T ,L �� j1 f�s!'f _ Phone No. Address r/2 7 .�:1 9�er /r..� 20 c,- ?/40—��.� G2 Name C, 4e- cw- , Phone No. Address _ 2c (/; 75� in -Li 47/0-.. g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. ,A -Signed consultant or agent authorization torn, If applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 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 certi hat t formation provided in this applicati is truthful to the best �of�r�y*y knowledge. Date _� Print Net Signature Please indicate application attachments pertaining to your proposed project. []DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts QDCM MP-3 Upland Development _tftVCM MP-4 Structures Information RECEIVED DCM WILMINGTON, NC JUN 1 2 2013 252-808-2808 :. 1.888-4RCOAST :: www.nccoastalmanagement.net T/- m RECEIVED Form DCM MP-4 JUL 12 2013 STRUCTURES DCM-MHDCffy (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 ❑PublidGovemment rivate/Community ❑This section not applicable b. (i) Will the facil!yPe open to the general public? ❑Yes JeKo c. (i) Docks) and/or piers) d. (i) Are Finger Piers included? ❑Yes ijht (ii) Number / If yes: (iii) Length - ��Z (ii) Number (iv) Width �/ (iii) Length (v) Floating es []No (iv) Width (v) Floating ❑Yes []NO .�/ J e. (i) Are Platforms included? Ares aeo// f. (i) Are Boatlifts included? []Yes If yes: If yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating ❑Yes []No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service �/ "(Ce,-*- ❑ Dockage, fuel, and marine supplies ❑ Dockage ( wet slips') only, number of slips: ❑ Dry storage; number of boats: _ Bat ramp(s); number of boat ramps: E❑ ,G her, please describe: i. Check the proposed type of siting: j. Describe the typical boats to be served (e.g., n runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑-,�Oppeen water; dredging for basin and/or channel,.-I- raupen water; no dredging required []Other; please describe: k. Typical boat length: 113 I. (i) Will the facility be open to the general public? ❑YesLLJra— RECEIVED m.(i)Wiillthe facility have tie pilings? DCM W►LMINGTON, NC [--]Yes LR415� (ii) If yes number of tie pilings? JUN 1 2 [0i3 252-808-2808 :: 1-888-4RCOAST :: www,nccoastaimanagement.net revised: 12127/06 Form OCM MP-4 (Structures, Page 2 of 4) RECEIM JUL 12 2013 2. DOCKING FACILITY/MARINA OPERATIONS his section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. DC�f. V.U.TJC'.1'Y ❑ 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. Gfc<__ d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge' signs proposed. (ii) Give the location and number of'Pumpout 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? h. Give the number of channel markers and "No Wake' signs proposed. /�/J" i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marinapolicyon overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the marina/doc" facility proposed within a primary or secondary nursery area? []Yes b od, RECEIVED JUN 12 Z013 252-808-2808 :: 1-888-4RCOAST :: www.nccoastafmanagement.net revised: 12/27/06 'Form DCM MP-4 (Structures, Page 3 of 4) RECEIVED n. Is the marina/doc ' g facility proposed within or adjacent to any shellfish harvesting area? JUL 12 2013 ❑Yes o o. Is the marina/docking facility proposed within or adjacent to coastal wetlandsimarsh (CW), submerged aquatic veg%jqfi, shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. "'�•�-'J�' ❑CW ❑SAV ❑SB ❑WL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ,BAo If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered lifts) ❑This section not applicable a. (i) Is the boathouse structure(s): ❑Commercial ❑PublictGovernment ❑Private/Community (ii) Number (iii) Length (iv) Width - Note: Roofed areas are calculated from dripline dimensions. 14. GROIN (e.g., wood, sheetpile, etc. if a rock groin, use MP-2, Excavation and Fill.) Phis section not applicable I a. (i) Number (ii) Length (III) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) Ri<S section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS P?Ils section not applicable a. Is the structure(s): ❑Commercial ❑Publir/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 7. GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) DCM WILD,, NIC JUN 12 i013 252-808-2808 ;: 1-888-4RCOAST :: ww .nccoastalmanagement.net revised: 12,'27106 Form'DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. /.2 c ` ,&e G %c `ac r� s S � irk —J C..e u� Note: For buoy or mooring piling, use arc of swing including length tea.• .feu(//'— kG pr,�L✓. *�'— �m'0�`� a�C 4E! ofvessel. c. Width of water body llN e. (i) Will navigational aids be required as a result of the project? []Yes faro ❑NA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL L RECEIVED JUL 12 2013 DcNfwMHD CI?X & OTHER [I This section not eplolicable a. Give complete description: Date Project Nate / ^ Applicant Nam Apq)(canf Signature RECEIVED DCM WILMINGTON, NC JUN 12 2013 252-808-2808:: 1-888-4RCOA3T:: www.necoastalmanaoement.net revised: 12127/06 66 f/mil/-'/ �G Nam'' 0- ...fff/ ✓ � �.� / i � yr � ....- y�r s All' 3 /a y OPT RECEIVED �9 DCM WILMINGTON, NC JUN 12 2013 = 30 /`'✓fig � � c� y - //� 2c/L? ���, r B�✓CJJ [l�G✓G 'Dot yL w a U awl ViEL,EIVED DCM WILMINGTON, NC JUN 12 2013 ,Cf, /.�� � A r-.-:z. kc F- i V E D DCM WILMINGTON, NC JUN 12 20413 V v J cz JUL 12 2013 DC-M--mHD CTfY RECEIVED DCM WILMINGTON, NC JUL 0 3 2013 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor Cynthia & Gerald Merrell 2044 Trinity Ave. Wilmington, N.C. 28411 Dear Sir or Madam: Braxton C. Davis Director August 20, 2013 John E. Skvarla, III Secretary 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, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that if another qualified party submits a valid objection to the issuance of this permit within twenty (20) days, the matter must be resolved prior to work initiation. The Coastal Resources Commission makes the final decision on any appeal. 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. Sincerely, Yglas V. Huggett Major Permits and Consistency Manager Enclosure 400 Commerce Ave., Morehead City, NC 28557 Phone: 252-808-28081 FAX: 252-247-3330 Internet: www,nccoastalmanagement.net An Equal Opportunity 1Affimiative Action Employer MEMORANDUM To: Daniel Govoni From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Gerald and Cynthia Merrell, New Hanover County Date: August 20, 2013 Consistency Determination: This project is consistent with the 2006 Wilmington -New Hanover County joint Land Use Plan. The applicant proposes to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. The project is located at 2044 Trinity Avenue, adjacent to the AIWW and Middle Sound in 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-ORW and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the 2006 Wilmington -New Hanover County Joint CAMA Land Use Plan and offer the following comments. The general area of the project is classified as Resource Protection while the AECs impacted by the work are classified as Conservation. In general, Wilmington -New Hanover County allows development in conservation classified AECs, which is consistent with the State's minimum use standards. The 2006 Wilmington -New Hanover County Joint Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project is consistent with the 200 Wilmington -New Hanover County Joint Land Use Plan Cc: File RECEIVED DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT JUL 1 2013 1. APPLICANT'S NAME: Gerald and Cynthia Merrell Mv?-?v;fiD CITY 2. LOCATION OF PROJECT SITE: 2044 Trinity Avenue, adjacent to the Atlantic Intracoastal Waterway and Middle Sound, near Wilmington, New Hanover Co. Photo Index - 2006: 22-7427:9, J 2000: 22-276:9, K 1995: 22-259:17, J State Plane Coordinates - X: 2368965 Y: 187318 GPS Rover File— 0-061414A Latitude:34°15'30.36118"N Longitude:77°46'44.36969"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 06/14/2013 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 07/03/2013 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington / New Hanover Co. Land Classification From LUP — Conservation/Resource Protection (B) AEC(s) Involved: EW, PT Water Dependent: Yes (D) Intended Use: Private (E) Wastewater Treatment: Existing — Municipal sewer Planned — N/A (F) Type of Structures: Existing —Single-family residential building, minimal rip -rap shoreline, open decking, boathouse, boatlift and floating dock Planned - Replace existing dilapidated boathouse and construct new floating dock (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B) Non -Vegetated Wetlands (Open water) 870 sq. ft. inco orated (C) Other - Highground (D) Total Area Disturbed: 870 sq. ft. (0.02 acres) (E) Primary Nursery Area: No (F) Water Classification: SA-ORW Open: No 8. PROJECT SUMMARY: The applicant proposes to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. RECENED Gerald and Cynthia Merrell Page Two 9. PROJECT DESCRIPTION JUL 12 2013 The project is located at 2044 Trinity Avenue, adjacent to the AIWW / Middle Sound, near Wilmington, in New Hanover County. To locate the property from Market Street (NC Highwayl7), turn onto Middle Sound Loop Road and travel east past the travel circle located at Ogden Elementary School approximately 2 miles until you reach Sneeden Drive. Continue to travel east on Sneeden Drive until it merges into Trinity Avenue, and continue towards the south until you reach the property of interest, which will be located on the right. The upland area averages approximately 10' above normal high water (NHW) and encompasses approximately 1.8 acres, with approximately 660 linear feet of shoreline along Harrelson Creek and adjacent to Middle Sound. The shoreline along the western end of the property along Harrelson Creek adjacent to an existing docking facility is stabilized by rip -rap approximately 50' in length by 5' in width, which is located approximately 3' below NHW. Existing high ground vegetation on this tract consists of grasses, ornamental landscaping and hardwoods including Oak. Waterward of the highground towards Harrelson Creek and Middle Sound, the vegetation on the tract transitions to an area of high marsh consisting of mixed coastal wetlands and "Section 404 type" vegetation, which include: Wax Myrtle (Myrica cerijera) and Salt Meadow Grass (Spartina patens). The high marsh then transitions to an area of low marsh, ranging from approximately 20' to 70' in width, consisting primarily of Smooth Cordgrass (Spartina alterniora). The applicants currently maintain a single family residence on the property. The owners also maintain a private docking facility on the western end of the property within Harrelson Creek, which consists of uncovered platforms, measuring approximately 12' in length by 16' in width, 6' in width by 26' in width and 50' in length by 10' in width. Waterward of these platforms is a dilapidated boathouse, measuring approximately 45' in length by 16' in width and approximately 25' in height, which is located entirely over open water. The boathouse is entirely enclosed with metal roof type sheeting, except for the entrance to the structure, which faces south. Within this footprint of the boathouse is also a covered deck, measuring approximately I P in length by 7' in width on the most northern end of the boathouse. There is a boatlift, measuring approximately 13' in length by 13' in width located at the most southern end within the boathouse. An access ramp leads onto an existing floating dock, measuring approximately 42' in length by 6.5' in width, which extends towards the south of the boathouse parallel to the shoreline. The existing docking facility appears to currently accommodate up to three (3) vessels at this location within Harrelson Creek (See Sheet 1 of 4 and Project Narrative). A previous property owner obtained State Permit No. 27-86 on 02/13/1986 for the excavation the northern portion of Harrelson Creek. The existing boathouse was referenced in the application of State Permit No. 27-86, and it appears the boathouse was built prior to CAMA regulations. State Permit No. 16-74 was issued to Mr. Clyde Harrelson I1 for maintenance excavation of the Harrelson Creek boat basin. State Permit No. 16-74 was also modified for the installation of additional slips and construction of new bulkheads within Harrelson Creek. The City of Wilmington -New Hanover County Land Use 2006 Update Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of Harrelson Creek, directly adjacent to the project site, are classified as SA-ORW by the North Carolina Division of Water Quality. They are NOT 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 The applicant proposes to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. A new floating dock, measuring approximately 25' in length by 6' in width, would be extended from the existing floating dock towards the south. The application also proposes to replace the existing dilapidated boathouse within the existing footprint dimensions, aforementioned.. The application states that the existing water depths in the location of the propose structures range from approximately -2.0' to -3' at normal low water (NLW). Gerald and Cynthia Merrell Page Three The proposed construction would allow the facility to accommodate an additional slip, which would allow up to four (4) slips at this location (See Sheets 1 through 4 of 4 and Project Narrative). 10. ANTICIPATED IMPACTS The proposed floating dock would incorporate and additional approximately 150 sq. ft. of Estuarine Waters and Public Trust Area. The proposed replacement of the existing boathouse would incorporate approximately 720 sq. ft.; currently usurped by the existing boathouse. The distance of the waterbody at this location of Harrelson Creek is approximately 120' across. The application states that the existing water depths in the location of the proposed docking structures range from approximately -2.0' to -3.0' at NLW, and would accommodate an additional slip, which would allow up to four (4) slips at this location. The proposed boathouse replacement would allow the structure to extend approximately 30' into the waterbody, which measures approximately 120' across. The proposed floating dock would extend approximately 15' into the same waterbody distance. These distances would both conform to both the 1/4 width rule. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement. Minor increases in turbidity should be expected during construction. RECEIVED JUL 12 2013 D^'.u,V':ID CITY Submitted by: Robb Mairs Date: 07/09/2013 Office: Wilmington DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD 1) APPLICANT: Gerald & Cynthia Merrell COUNTY: New Hanover PROJECT NAME: Merrell Boathouse and docking facility LOCATION OF PROJECT: 2044 Trinity Ave., adjacent to the AIWW and Middle Sound, in Vilmikjf&M DATE APPLICATION RECEIVED COMPLETE BY FIELD: 7-3-13 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: n/a JUL 12 2013 CONSISTENCY DETERMINATION: Attached: n/a FIELD REPRESENTATIVE: Mairs DISTRICT MANAGER REVIEW: I--- B) DATE RECEIVED BY MAJOR PERMITS UNIT: PUBLIC NOTICE RECD: 7-12-13 ADJ. RIP. PROP NOTICES RECD: APPLICATION ASSIGNED TO: C) 75 DAY DEADLINE: I l� MAIL OUT DATE: 7-10-13 FEDERAL DUE DATE: PERMIT FINAL ACTION: ISSUE DENY To Be Forwarded: n/a DCM Mo CITY DISTRICT OFFICE: WILMINGTON FEE RECD: $250.00 END OF NOTICE DATE: 8-2-13 DEED RECD: �Y/ES ON: 7//-// / /,,& 150 DAY DEADLINE: STATE DUE DATE: 8-2-13 FED COMMENTS RECD: AGENCY DATE COMMENTS RETURNED OBJECTION S: YES NO NOTES Coastal Management - Regional Representative Coastal Management - LUP Consistency Division of Community Assistance Land Quality Section Division of Water Quality —1 i' Storm Water Management (DWQ) State Property Office -1 Division of Archives & History Division of Environmental Health 1-31) Division of Highways Wildlife Resources Commission 2 f Local Permit Office HL— Division of Marine Fisheries Corps of Engineers i Project Name Assigned to G-a(/1n Assigned on ACTION X Prepare for signature following review by other Assistant Major Permits Coordinator Date draft permit given to other Assistant Major Permits Coordinator Date reviewed by other Assistant Major Permits Coordinator Prepare draft for review by Major Permits Coordinator Date draft permit given to Major Permits Coordinator Date reviewed by other Major Permits Coordinator X Other Gooey d,1e Written approval from DWQ is onotrequired for this project. Recommendations for State Permit — Gerald and Cvnthia Merrell 07/09/2013 The total area of floating dock and platform was calculated as follows: RECEIVED Shoreline length = 660' x 8 sq. ft. = 5,280 sq. ft. allowable (2,000 sq. ft. maximum allowance) Proposed floating dock = 25' x 6' = 150 sq. ft. Existing floating dock = 42' x 6' = 252 sq. ft. JUL 12 2013 Existing uncovered platforms = 12' x 16', 26' x 6', 50' x 10' = 848 sq. ft. Total =1,250 sq. ft. DCM-MIIiDCffY The proposed construction would provide docking space for a total of up to four (4) vessels at this location. It appears that the project is consistent with the use standards set forth in NCAC 07H .0208(b)(6), including the V4 width rule, the eight square foot rule and the pier width rule. The proposed boathouse renovation would exceed the 400 sq. ft. allowance under this rule; however, the renovations would not exceed the documented existing boathouse use and its footprint of 45' x 16'= 720 sq. ft. The proposed structures would be located entirely over open water. If the project is determined to be consistent with NCAC 07H .0208(b) and (6), it is recommended that any permit issued should include the following conditions: 1. This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structures, whether floating or stationary, may become a permanent part of the structure without permit modification. No non -water dependent uses of structures may be conducted on, in, or over public trust waters without permit modification. 2. No attempt will 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. 3. The authorized structure and associated activity must not cause an unacceptable interference with navigation and shall not exceed the established pierhead line. 4. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. 5. In order to protect water quality, runoff from the construction must not visibly increase the amount of suspended sediments in adjacent waters. 6. 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. 7. The permittee will 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 project without having the permit transferred to a third -party. 8. This permit authorizes a maximum of four (4) boat slips. At no time shall more than three (4) vessels be moored or docked at the facility. The restriction of the number of vessels shall apply to all marine vessel types, including but not limited to motorboats, sailing vessels and personal watercraft. 9. This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorization which may be required. 10. The renovated boathouse shall not be completely enclosed or have sides extending no farther than one-half the height of the walls and covering only the top half of the walls, from the roof waterward. 11. The renovated boathouse shall be single story, and shall not be designed to allow for second story use. 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. Pat McCrory Governor July 10, 2013 MEMORANDUM: A�� �_ VG NCR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director TO Renee Gledhill -Early Dept. of Cultural Resources Archives & History John E Skvarla. III Secretary ti 1413 FROM Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT CAMA Major Permit Application Review f Applicant: Gerald & Cynthia Merrell Project Location: 2044 Trinity Ave., adjacent to the AIWW & Middle Sound, to Wilmington, New Hanover Co. Proposed Project: to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by August 2, 2013. If you have any questions regarding the proposed project. contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED ..___(cRf4 W ' DATE_ �''CQ%' L3 127 Cerd4W Drive Ext., VonrigwNC 26405 Phone: 910-1*72t5i FAX: 914SW3V*41rnarnel wow necaas:a manacrman; net nn ego QMW NTT a ,r, ACW &00 , JUL 1 2 2013 A = JAF 1 ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Thomas A. Reeder Governor Acting Director July 24, 2013 Mr. and Mrs. Gerald Merrell 2044 Trinity Avenue Wilmington, NC 28411 Subject: EXEMPTION Stormwater Project No. SW8130715 Merrell Floating Dock Project New Hanover County Dear Mr. and Mrs. Merrell: V%ta John E. Skvada, III Secretary The Wilmington Regional Office of the Division of Water Quality received a copy of the CAMA Major Permit Application for the subject project on July 10, 2013. Staff review of the plans and specifications has determined that the development activities proposed at this time will not pose a threat to surface water quality from stormwater runoff. The Director has determined that pprojects that are reviewed and approved byy the Dnnsion as not posing a water quality threat from stormwater runoff should not be subject to the stormwater management permitting requirements of 15A NCAC 2H.1000, the stormwater rules. By copy of this letter, we are informing you that this project will not require a stormwater management permit If the subject protJect disturbs one acre or more and has a point source discharge of stormwater runoff, then it is also subject to the National Pollutant Discharge Elimination System (NPDES) stormwater discharge requirements. You are required to have an NPDES permit for stormwater discharge from projects meeting these criteria. All temporary built -upon area associated with the construction of the prolect must be removed within 30 days of completion of the project, or when it is no longer needed, whichever occurs first If you have any questions or need additional information concerning this matter please contact Linda Lewis at (910) 796-7215, or e-mail her at linda.lewis@ncdenr.gov. Sincerely, RECEIVED orThomas A. eeder JUL 3 0 2013 Division of Water Quality 1CM-MHDCr[� GDS/arl: S:1WQ&StormwateAPermits & Projects0131130715 Exemption12013 07permit 130715 cc: Jim Garrett, Agent New Hanover County Building Inspections Robb Mairs/Shaun Simpson Doug Huggett, DCM Wilmington Regional Office Stormwater File Wilmington Regional Office 127 Cardinal Drive Extension, Wilmington, North Carolina 28405 One Phone: 910-796-72151 FAX 910350-20041 DENR Assistance: 1-877-623-6748 NorthCarolina Internet: w .r terqualilyorg a'����r//� An Equal Opponunityl Affamahe A.cfian Empbter �/Y i a`( Pat McCrory Governor July 10, 2013 MEMORANDUM: �r V(c2 NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director TO: Georgette Scott Stormwater Section DWQ - Wilmington John E. Skvarla, III ECEIVeEtary JUL 10 2013 By: FROM: Doug Huggett, NC DENR-DCM Major Permits Cc JUL 22 2013 400 Commerce Ave., Morehead City, NC 28557 (Courier+ ]ql o9) " my SUBJECT: CAMA Major Permit Application Review Applicant: Gerald & Cynthia Merrell Project Location: 2044 Trinity Ave., adjacent to the AIW W & Middle Sound, in Wilmington, New Hanover Co. Proposed Project: to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by August 2, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: !/ This agency has no objection to the project as proposed. This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. Thisagencyobjects to the project for reasons described in the attached comments. SIGNED DATE :z b1 2// 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215 \ FAX: 910-395-3964 Internet: www.nocoastalmanagement.net An Equai Opportunity \ Affirmative Action EmMoVer A"A NC ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Ms. Cynthia Merrell Mr. Gerald Merrell 2044 Trinity Avenue Wilmington NC 28411 Division of Water Quality Thomas A. Reeder Acting Director July 15, 2013 John E. Skvarla, III Secretary DWQ Project # 13-0717 New Hanover County Subject Property: 2042 & 2044 Trinity Avenue — Wilmington NO WRITTEN CONCURRENCE NEEDED Dear Ms. & Mr. Merrell, RECEIVED JUL 18 2013 DCM•MHD CITY You have our approval, in accordance with the attached conditions and those listed below, to replace an existing dilapidated boathouse and construct an additional floating dock at an existing private docking facility as described within your application received by the DWQ on June 10, 2013. After reviewing your application, we have decided these impacts are below the threshold for written authorization as long as all conditions of General Water Quality Certification Numbers 3900 (GC3900) are met. These certifications may also be viewed on our website at ham://aortal.ncdenr.orgJweb/wa/swn/ws/401/certsandnermits. This Certification allows you to use the Regional General #198000291 Permit when issued by the US Army Corps of Engineers. This approval is only valid for the purpose and design that is described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h) (6) and (7). This approval shall expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you must follow the conditions listed in the attached certification and any additional conditions listed below. Conditions of Certification: 1. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401/Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. H" 0 Wetlands, Buffers, Stormwater—Compliance and Permitting (Webscepe) 1650 Mail Service Center, Rale' h, North Carolina 27699_1650 `� gz tx h Carolina Location: 512 N. Salisbury St. Raleigh, North Custom r Service: ,� � 'ALL K turallr� Phone: 919807-63001 FAX: 919A01-64941 Customer Service: 1A77� +18 �^^'•� •� G Internet:w .ncwaterquality.org 2 Cynthia & Gerald Merrell New Hanover County 2013-0717 If you do not accept any of the conditions of this Certification (associated with the approved wetland or stream impacts), you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you ask for a hearing. Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone Karen Higgins at (919) 807-6300 or myself at our Wihnington Regional Office at (910) 796-7215. Sincerely, Chad Coburn Senior Environmental Specialist RECEIVED JUL 18 2013 Deat--!!FD,!T`t Enclosures: GC 3900 Certificate of Completion cc: Jim Garrett — 323 Halyard Court, Wilmington, NC 28405 Dave Timpy — USACE Wilmington Field Office Doug Huggett — DCM Morehead City Robb Mairs — DCM Wilmington Karen Higgins — Wetlands, Buffers, and Stormwater Compliance and Permitting Unit WiRO '507� BRA RECElvo Certification of Completion JUL 18 2013 DWQ Project No.: Applicant: _ Project Name: _ Date of Issuance of Wetland Permit: County: nrM_,49x1frV Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification and Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Oversight/Express Permitting Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC, 27699-1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification 1, used in the observation of the compliance and intent of the 401 and other supporting materials. Signature: Agent's Certification , hereby state that, to the best of my abilities, due care and diligence was construction such that the construction was observed to be built within substantial Water Quality Certification and Buffer Rules, the approved plans and specifications, Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Date: If this project was designed by a Certified Professional I, , as a duly registered Professional (i.e., Engineer, Landscape Architect, Surveyor, etc.) in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project, for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. t €� Signature: Registration No. tb Pat McCrory Governor July 10, 2013 MEMORANDUM: TO: FROM: SUBJECT: Applicant: Project Location Qc�� NC.Et North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis Director RECEIVED JUL 16 2013 Dan Sams DCMMHDCrN District Manager Division of Land Resources John E. Skvarla, III Secretary fU( 10 2013 Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Gerald & Cynthia Merrell 2044 Trinity Ave., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover Co. Proposed Project: to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by August 2, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED DATE Lid I Z 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmaraciement.net An Equal Opportunity � Affirmative Action Employer 07-12-'13 10:37 FROV r-112 P0002/0003 F-211 NCDE�NR North Carolina Department of Environment and Division of Coastal Management Pat McCrory Braxton C. Davis Governor Director July 10, 2013 MEMORANDUM: TO: Mark Zeigler WiRO Division of Community Assistance 0(�) Natural Resources John E. Skvarla, III Secretary FROM: Doug Huggett, INC DENR-DCM Major Permits Cc 4fl0-Bammerce Ave.,—Morehead-C-ity, NC-2855:7-(C-ourler-11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Gerald & Cynthia Merrell Project Location: 2044 Trinity Ave., adjacent to the AIW W & Middle Sound, in Wilmington, New Hanover Co. Proposed Project: to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Wuggett at the address above by August 2, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: X This agency has no objection to the project as proposed. 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. SIGNED ► v 1 e," DATE 7113 1 13 127 Cardinal Drive Ext., Wilmington, INC 28405 Phone: 910-796-7215 \ FAX: 910395-3964Internet: www.nccoastalmanaaement.ne_t An Eq,ai Opportunity \ Affl=ibye adios Empyer AA VD C, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Governor July 10, 2013 MEMORANDUM: TO: Debra Benoy District Manager Public Water Supply Braxton C. Davis John E. Skvarla, III Director Secretary RECEIVED Jul 16 2013 RECEIVED JUl 101013 DCM-MMCrry FROM: Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Gerald & Cynthia Merrell Project Location: 2044 Trinity Ave., adjacent to the AIW W & Middle Sound, in Wilmington, New Hanover Co. Proposed Project: to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggettat the address above by August2, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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 totheproject for reasons described in the attached comments. SIGNED l�X DATE 1 16 She Qle- QQ� 't 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.ncooastalmanaaement.net An Eq" opportunity, AKmative Action Emooyer V6 Pat McCrory Governor July 10, 2013 MEMORANDUM TO: FROM: SUBJECT: Applicant: Project Location NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Braxton C. Davis Director Shannon Jenkins NH DEH Shellfish Sanitation Section Resources John E. Skvarla, III Secretary Doug Huggett, NC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) ICAMA Major Permit Application Review Gerald & Cynthia Merrell 2044 Trinity Ave., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover Co. Proposed Project: to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by August 2, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED A 'r DATE rc. -#; �—O w RECEIVED 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX: 910-395-3964 Internet: www.ncwastaimanaQement.net JUL 30 2013 An Equal Opportunity 1 Affirmative Acdon Employer DCM-MAD CITY Pat McCrory Governor NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management L. 13. off. 1z. o I Braxton C. Davis John E. Skvarla, III Director; Secretary July 10, 2013 MEMORANDUM: TO: FROM: SUBJECT Applicant: co JUL 2013 REDS VED Maria Dunn NC Wildlife Resources Commission i! Doug Huggett, NC DENR-DCM Major Per �LZSb 400 Commerce Ave., Morehead City, NC 28557 (Courie CAMA Major Permit Application Review Gerald & Cynthia Merrell 11-12-09) Project Location: 2044 Trinity Ave., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover Co. Proposed Project: to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by August 2, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. 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. SIGNED /1�,ww I. 1 DATE a 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796.7215 \ FAX: 910.395.3964Internet: www.nccoastalmanacement.net An Equal Opportunity \ AXinmove Action Employer RECEWED JUL 2 9 2913 DCM-MAD COY �`/ I,z NCD& DMf-NA1I117111111110, North Carolina Department of Environment and Natural Res MMn� Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary July 10, 2013 r �J MEMORANDUM: TO: Jessi Baker Division of Marine Fisheries FROM: Doug Huggett, INC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Gerald & Cynthia Merrell Project Location: 2044 Trinity Ave., adjacent to the AIW W & Middle Sound, in Wilmington, New Hanover Co. Proposed Project: to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by August 2, 2013. It you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. _,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. SIGNED )mot_ DATE ZS 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910.796-72151 FAX: 910395.3964 Internet: www.nccoastalmanaQement.net An EQual Opportunity \ Allirmative Adon Employer Pat McCrory Governor July 10, 2013 MEMORANDUM: TO: FROM SUBJECT: Applicant: NCDENR North Carolina Department of Environment and Natural Division of Coastal Management Braxton C. Davis Director RECEIVED Chad Coburn JUL 18 2013 401 Wetlands DWQ - Wilmington ntM-WDCnT D� Resources John E. Skvarla, III Secretary JUL 10 2013 Doug Huggett, INC DENR-DCM Major Permits Cc 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Gerald & Cynthia Merrell Project Location: 2044 Trinity Ave., adjacent to the AIWW & Middle Sound, in Wilmington, New Hanover Co. Proposed Project: to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by August 2, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. i' &( It-Akl C7%ISS//3 _ 'zC'J -Jr C— 071e5//-3 REPLY: This agency has no objection to the project as proposed. 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 agencv obiects to the project for reasons described in the attached comments. SIGNED Lxyz�7� DATE C7XS`/2 127 Cardinal Drive Ext., W Irvington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964Internet: www.nccoastalmanaaement.net An Equal Opporluniry 1Alfina0ve Acdon Empoyer va' DISTRICT 3 AGA � JUL 11 2013' NCDENR RECEIVED North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvarla, III Governor Director Secretary July 10, 2013 MEMORANDUM: RECEWED TO: Anthony Law NC DOT JUL 18 2013 New Hanover Co. FROM: Doug Huggett, NC DENR-DCM Major Permits Co DCM-MHD CITY 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Gerald & Cynthia Merrell Project Location: 2044 Trinity Ave., adjacent to the AIW W & Middle Sound, in Wilmington, New Hanover Co. Proposed Project: to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by August 2, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. y 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 obiects to the project for reasons described in the attached comments. SIGNED DATE 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215\ FAX: 910-395-3964Internet: www.ncoDastalmanagement.net An Equal Opportunity \ Afiirma6ve Action Employer Pat McCrory Governor July 10, 2013 MEMORANDUM: T FROM i o SUBJECT: Applicant: Project Location ��A i� lJ �, NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Braxton C. Davis John E. Skvarla, III Director Secretary RECEIVED JUL 17 2013 Tim Walton DCWVHDCTTY Dept of Administration State Property Office RECEIVED JUL 1 1 2013 DOA STATE PROPERTY OFFICE Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) CAMA Major Permit Application Review Gerald & Cynthia Merrell 2044 Trinity Ave., adjacent to the AIW W & Middle Sound, in Wilmington, New Hanover Co. Proposed Project: to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by August 2, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: IThis agency has no objection to the project as proposed. 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. SIGNED C::)_ -Ihzz-_ DATE 7-/11--/3 dinal Drive EA, Wiminglon, NC 28405 "1-7�96-72151 FAX: 910-395-3964 Intemet: www.nccoastalmanaQement.net ,ry 1 Atlirmahve Aaw Emgayer 0) . V, Y0M15421 FOR pRREMMATT° RISTIAN OF oEms RECEIVED NEW W YER C"TY NC 2004 IIRR 29 04:17: PM 0K 4252 MAWR Fff:$23.N JUL 17 2013 19iRUENi t N11911 DC.Nf-3'.HD CITY DRAWN BY: CALDER i CALDER, ATTYS 611 PRINCESS ST. WILMINGTON, NC STATE OF NORTH CAROLINA SUBORDINATION AGREEMENT COUNTY OF NEW HANOVER FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, RBC Cantura Bank, a North Carolina Banking Corporation (tozmsrlp known as Concurs Bank) and CB services, Corp., Trostee subordinate the lien of that deed of trust identified as follows: Deed of Trust by Richard J. Mynatt and wife, Cynthia C. Mynatt, to CB Services Corp. as Trustee and Centura Bank for $100,000. 00, dated August 8, 2001 and recorded August 16, 2001 in Book 3018 Page 267 in the New Hanover County Registry to the lien of that deed of trust made by Richard J. Mynatt and vita, Cynthia C. Mynatt to CB SERVICES CORP. I Trustee and RBC Cantura Bank in the approximate amount of $970,000.00, and approximate initial interest rate of 5.875 % recorded the 2-11711 day of March, 2004 in Book %— at Page 13S in the New Hanover County Registry. The purpose of said subordination is to make the $970,000.00 RBC Centura Bank lien a first lien and the said $100,000.00 RBC Centura Bank lien a second lien on the premises located in the County of New Hanover and the State of North Carolina and being particularly described as follows: PROPERTY at 2044 trinity Avenue in Harnett Township in New Hanover County, North Carolina, containing 4.05 acres, more or less, sometimes known as the Trinity Methodist Church Tract, having Tax Parcel Identification Number R04500-006-002-000, and being more particularly described in the deed recorded in Book 1764 at Page 699 in the New Hanover County Registry, and on the attached sheet marked EXHIBIT A, which is to be taken as a part of this instrument as though fully set out herein. It is expressly understood and agreed that, except for such subordination, the $100,000.00 deed of trust now held by RHC Cantos Bank and all of the terms and conditions thereof shall DRAWN B k� CALDER a CALDER, ATTORNEYS RET RUN TOt CAMIR A CALUCR A3 fV*"11YS remain in full force and effect. IN WITNESS WHEREOF, CB Services, Corp., Trustee and RBC Centura Bank have caused this instrument to be executed in their corporate names by their duly -authorized officers and their seals affixed Ill hereto, this the day of March, 2004. C8 BERVICLrs,CORP. By: !//� Its: I1 RBC CE'NTURA BANK Formerly known as Can ura Bank By Its: f1 RECENED JUL 17 2013 STATE OF NORTH CAROLINA COUNTY OF I ej,,i CYf.{')uler I, 1. ) l tIIJ'�e , a Notary Public of the County and State aforesaid, certify tip li�-�`�LI7,�� 1� personally came before me this day and acknowledged that he a g-esi �J C8 Services Corp. and acknowledged, on behalf of CB Se vir' ces Corp., the due execution of the forgoing instrument. Witnesses my hand .and official stamp or seal, this the ((fi day of March, 2004. cOURT/yFy Notary Public y,OTAq` My Commission Expires COMMISSION EXPIRES ."� �ee� �+ ♦ cA��y 012907 NO„vER°OJ ?01Ao?� a`Bv\o' DCM-mm CITY My"" 2044 Trinity Avenue EXHIBIT "A" "IZy.t[1it_E t;T JUL 17 2013 Beginning at the northwestern comer of Lot No. 4, as shown on the map of Ocean View, dated May 20, 1955, by M.H. Lander, C.E., recorded in Map Book 6 at Page 4 of the New Hanover County Registry, said Beginning Point being South 26 degrees 08 minutes East 55.9 feet from an old iron pipe, the northeastern corner of the tract conveyed by J.E. SneMen and wife to the Trustees of Trinity Methodist Church by deed recorded in Book 399 at Page 260, of said Registry, running thence from said Beginning Point, South 26 degrees 08 minutes East with the eastern line of said church tract, 397.36 fed to an old iron pipe near the high water line of Middle Sound; thence South 26 degrees 08 minutes East to the edge of the channel of the Intracoastal Waterway', thence southeastwardly with the edge of said waterway to a point in the southwestern line of the old D.R. Foster summer home tract (if same were extended southeastwardly); thence North 43 degrees 35 minutes West with said old Foster line about 700 feet to the southernmost comer of the tract conveyed to Harrelson by deed recorded in Book 391 at Page 195 of said Registry, said point being where said line was intersected by the center of an old branch; thence northwardly with the eastern line of said Harrelson tract about 150 feet to a point that bears South 59 degrees 06 minutes' West from the Beginning Point; thence northwardly 59 degrees 06 minutes East about 140 feet to an iron pipe in the edge of the marsh; thence North 59 degrees 06 minutes East 103.9 fed to the Point of BEGINNING; the same containing about 1.6 acres of high land and about 2.3 acres of marsh land, and being a portion of the tract conveyed to the Trustees of Trinity Methodist Church by deed as aforesaid. And being the same property conveyed or intended to be conveyed from J. Earl Sneeden and wife, Gladys S. Sneeden to Horace K. Thompson and wife, Hortense 4: Thompson by deed recorded 15 February 1966 in Book 766 at Page 104 of the said Registry. TRACT TWO: BEGINNING at the northwestern comer of Lot 4 of Ocean View Subdivision as shown on the map thereof duly recorded in Map Book 6 at Page 4 in the Office of the Register of Deeds of New Hanover County; and from said beginning point running thence North 26 degrees 08 minutes West with the western line of Lot 6 of said subdivision 55.0 feet to an old pipe marking the northwestern comer of said Lot 6; running thence South 71 degrees 48 minutes West with the southern line of Lots 7, 12 and 13 in said subdivision 105.3 feet to an old pipe in the edge of the tttarsh; running thence same course continued 125 feet, more or less, to a point in the eastern line of a tract of land conveyed by J. Earl Sneeden and wife, Gladys Sneeden, to Clyde W. Harrelson by deed recorded in Book 391 at Page 199 of the New Hanover County Registry; running thence South 13 degrees East with said Harrelson's eastern fine 100 feet, more or less, to the northwestern corner of a tract of land conveyed to Horace K. Thompson and wife by deed recorded in Book 766 at Page 104 of the said Registry, running thence North 59 degrees 06 minutes East along said Thompson's northern line 140 feet, more or less, to a pipe in the edge of the marsh; thence same course continued and with said Thompson s northern line 103.9 feet to the point of BEGINNING. And being the same property conveyed or intended to be conveyed from Gladys Sneeden (widow) to Horace K. Thompson and wife, Hortense H. Thompson by deed recorded 13 August 1968 in Book 838 at Page 522 of the said Registry; and subject to an easement in and to the present 60 foot boat channel as it is constructed from the eastern line of the Harrelson property northwardly to Lots 6, 7, 8 and 12 of Ocean view Subdivision, said easement being reserved for the use and benefits of the grantees herein and also for the owners of Lots 6, 7, 8 and 12 of the said Ocean View Subdivision and provided also that no warranty of any kind whatever is made as to any of the property above described in TRACT TWO that lies northwardly of the said boat channel easement above referred to and described. There is excepted however from TRACT TWO ofthe above described lands so much of said property which was conveyed to Eric James Rydewski by deed dated January 21, 1992, recorded in Book 1586, Page 1700 of the New Hanover County Registry. STATE OF NORTH CAROLINA COUNTY OF ± " ) ' ! er I, 6 1 riy 'Lq{ , Notate Public of the County and State aforesaid, certify that M t 6prPHO , personally came before me this day and acknowledged that he is kcf?4i. Cfny ejl of RBC Cantor& Bank, a North Carolina Baking Corporat'R ion, (formerly known as Cantor& Bank) and acknowledged, on behalf of RBC Centura Bank, formerly known as Centura Bank, a North Carolina Banking Corporation, the due execution of the forgoing instrument. Witnesses my hand and official stamp or seal, this the I(/. day of March, 2004. aj�_ 00 O COWt. Notary`P lic L 20740p` My Commission Expires COMMISSION EXPIRES A&Boo R 012907 i.. e JUl 17 2013 � ru RECEIVED REBECCA T. CHRISTIAN JUL 17 2013 REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET DCM-MHDCrn' WILMINGTON, NC 28401 MRR1111fN1N1111ff 111Rf11ii1111111H1f1f11f11#fiifflYf Yflff11f111ff1f11111111111111ff11ffYf11ff1f1111f YR1ff Yf1RYf111f• Filed For Registration: 03/29/2004 04:17:08 PM Book: RE 4252 Page: 150.154 Document No.: 2004015421 SUBD AGMNT 5 PGS $23.00 Recorder: JACQUELINE NELSON 111f11f11f If11f1fR11111111111fff111f11f1f11111NYfYfff11111111111111111111H1fMYYRlflffY111f.If 111 R 111*YY i f 11f111f111f1 State of North Carol' a, County of New Hanover The foregoing certifiea of B COURTNEY Notary is certified to be correct. This 29TH of March 2004 REC�T. CHf�ST,A GISTER OF DEEDS By: of Deeds YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. *2004015421* 2004015421 DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: Gerald and Cynthia Merrell 2. LOCATION OF PROJECT SITE: 2044 Trinity Avenue, adjacent to the Atlantic Intracoastal Waterway and Middle Sound, near Wilmington, New Hanover Co. Photo Index - 2006: 22-7427:9, J 2000: 22-276:9, K 1995: 22-259:17, J State Plane Coordinates - X: 2368965 Y: 187318 GPS Rover File— 0-061414A Latitude:34°15'30.36118"N Longitude:77°46'44.36969"W 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 06/14/2013 Was Applicant Present — No 5. PROCESSING PROCEDURE: Application Received — 07/03/2013 (completed) Office — Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan — Wilmington / New Hanover Co. Land Classification From LUP — Conservation/Resource Protection RECEIVED (B) AEC(s) Involved: EW, PT Water Dependent: Yes (D) Intended Use: Private JUL 1 7 2013 (E) Wastewater Treatment: Existing —Municipal sewer (F) Type of Structures: Planned — N/A DCM•MHD CITY Existing —Single-family residential building, minimal rip -rap shoreline, open decking, boathouse, boatlift and floating dock Planned - Replace existing dilapidated boathouse and construct new floating dock (G) Estimated Annual Rate of Erosion: N/A Source - N/A HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Vegetated Wetlands (B)Nnn-Vegetated Wetlands (Open water) 870 sq. ft.(incorporated) (C) Other - Highground (D) Total Area Disturbed: 870 sq. ft. (0.02 acres) (E) Primary Nursery Area: No (I) Water Classification: SA-ORW Open: No 8. PROJECT SUMMARY: The applicant proposes to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. Gerald and Cynthia Merrell Page Two 9. PROJECT DESCRIPTION The project is located at 2044 Trinity Avenue, adjacent to the AIWW / Middle Sound, near Wilmington, in New Hanover County. To locate the property from Market Street (NC Highwayl7), turn onto Middle Sound Loop Road and travel east past the travel circle located at Ogden Elementary School approximately 2 miles until you reach Sneeden Drive. Continue to travel east on Sneeden Drive until it merges into Trinity Avenue, and continue towards the south until you reach the property of interest, which will be located on the right. The upland area averages approximately 10' above normal high water (NHW) and encompasses approximately 1.8 acres, with approximately 660 linear feet of shoreline along Harrelson Creek and adjacent to Middle Sound. The shoreline along the western end of the property along Harrelson Creek adjacent to an existing docking facility is stabilized by rip -rap approximately 50' in length by 5' in width, which is located approximately 3' below NHW. Existing high ground vegetation on this tract consists of grasses, ornamental landscaping and hardwoods including Oak. Waterward of the highground towards Harrelson Creek and Middle Sound, the vegetation on the tract transitions to an area of high marsh consisting of mixed coastal wetlands and "Section 404 type" vegetation, which include: Wax Myrtle (Wica cerifera) and Salt Meadow Grass (Spartina patens). The high marsh then transitions to an area of low marsh, ranging from approximately 20' to 70' in width, consisting primarily of Smooth Cordgrass (Spartina alterni. flora). The applicants currently maintain a single family residence on the property. The owners also maintain a private docking facility on the western end of the property within Harrelson Creek, which consists of uncovered platforms, measuring approximately 12' in length by 16' in width, 6' in width by 26' in width and 50' in length by 10' in width. Waterward of these platforms is a dilapidated boathouse, measuring approximately 45' in length by 16' in width and approximately 25' in height, which is located entirely over open water. The boathouse is entirely enclosed with metal roof type sheeting, except for the entrance to the structure, which faces south. Within this footprint of the boathouse is also a covered deck, measuring approximately I P in length by 7' in width on the most northern end of the boathouse. There is a boatlift, measuring approximately 13' in length by 13' in width located at the most southern end within the boathouse. An access ramp leads onto an existing floating dock, measuring approximately 42' in length by 6.5' in width, which extends towards the south of the boathouse parallel to the shoreline. The existing docking facility appears to currently accommodate up to three (3) vessels at this location within Harrelson Creek (See Sheet 1 of 4 and Project Narrative). A previous property owner obtained State Permit No. 27-86 on 02/13/1986 for the excavation the northern portion of Harrelson Creek. The existing boathouse was referenced in the application of State Permit No. 27-86, and it appears the boathouse was built prior to CAMA regulations. State Permit No. 16-74 was issued to Mr. Clyde Harrelson H for maintenance excavation of the Harrelson Creek boat basin. State Permit No. 16-74 was also modified for the installation of additional slips and construction of new bulkheads within Harrelson Creek. The City of Wilmington -New Hanover County Land Use 2006 Update Plan classifies adjacent waters as Conservation, and the adjacent high ground portion of the project area as Resource Protection. The waters of Harrelson Creek, directly adjacent to the project site; are classified as SA-ORW by the North Carolina Division of Water Quality. They are NOT designated as a Primary Nursery Area (PV&?ae N.C. Division of Marine Fisheries, and they are CLOSED to the harvest of shellfish. PROPOSED PROJECT JUL 17 2013 The applicant proposes to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. A new floating dock, measuring approximately §9'il1leni6i y 6' in width, would be extended from the existing floating dock towards the south. The application also proposes to replace the existing dilapidated boathouse within the existing footprint dimensions, aforementioned. The application states that the existing water depths in the location of the propose structures range from approximately -2.0' to -3' at normal low water (NLW). Gerald and Cynthia Merrell Page Three The proposed construction would allow the facility to accommodate an additional slip, which would allow up to four (4) slips at this location (See Sheets 1 through 4 of 4 and Project Narrative). 10. ANTICIPATED IMPACTS The proposed floating dock would incorporate and additional approximately 150 sq. ft. of Estuarine Waters and Public Trust Area. The proposed replacement of the existing boathouse would incorporate approximately 720 sq. ft.; currently usurped by the existing boathouse. The distance of the waterbody at this location of Harrelson Creek is approximately 120' across. The application states that the existing water depths in the location of the proposed docking structures range from approximately -2.0' to -3.0' at NLW, and would accommodate an additional slip, which would allow up to four (4) slips at this location. The proposed boathouse replacement would allow the structure to extend approximately 30' into the waterbody, which measures approximately 120' across. The proposed floating dock would extend approximately 15' into the same waterbody distance. These distances would both conform to both the 1/4 width rule. The proposed structures would not encroach into the adjacent 15' Riparian Corridor Setback Area requirement. Minor increases in turbidity should be expected during construction. RECEnM JUL 17 2013 �yM Submitted by: Robb Mairs Date: 07/09/2013 Office: Wilmington Gerald & Cynthia Merrell Project 6-11-2013 I, Jim Garrett, am acting on behalf of Cynthia and Gerald Merrell to obtain a major CAMA permit for the following address. 2044 Trinity Ave Wilmington NC 28405 *According to Shellfish, approximately 100 boat slips currently exist in Harrelson's Creek located off the ICW. I propose to add an additional 150 square/feet (25' x 6') to the existing (42' x 6') floating dock. I propose this one additional slip to avoid a shellfish closure. *1 also propose to remove and replace the existing covered boathouse with a new structure that will stay on or in the existing foot print. The boathouse that is currently in place was constructed prior to 1986. According to state permit number 27-86, the boathouse was a pre- existing structure. *1 am asking for a non -conforming permit. Name - Gerald Merrell Signature — a� Name -Jim Garrett Signature - RECEIVBDP JUL 17 2013 of 47N DCM WiL�iMliwGT7N, NC !i l\l 12 L6I3 JUN 12 2013 OeM MP-1 APPLICATION for RECErM JUL 17 2013 Major Development Permit DCM-MHD CITY (last revised 12/27/06) bm North Carolina DIVISION OF COASTAL MANAGEMENT 1. PrimaryApplicant(LandownerInformation Business Name Project Name (if applicable) Applicant 1: First Name MI Last Name � Applicant First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State .-a "KY ln. - mow— w.Z• S.� ZIP Country Phone No. FAX No. Street Address ff different from above) City State ZIP Email 2. Agent/Contractor Information Business Name Agent/ Contractor 1: First Name MI Last Name Agent(Contractor 2: First Name MI Last Name Mailing Address 31-. 12 4 U,�_ PO Box city Jw State ZIP 2vp yaT Phone No. fA - rp1G -eo Pk ext. Phone No. 2 ext. FAX No. Contractor # Street Address (A different from above) City State ZIP /� � Email <Form continues on back> 252-808-2808 :: 1.888-4RCOAST :: www.nccoastaimanagement.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. # Subdivision Name City State Zip Phone No. Lot No-(s) (if many, attach additional page with list) y� glG - (:ZX2—J%%j ext. I , a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project c. Is the water body identified in (b) above, natural or manmade? J2NrGur`sI 459 ❑Unknown d. Name the closest major water body to the proposed projedstle. anmade e. Is proposed� w,�o/rkvvdhin city limits or planning jurisdiction? I. If applicable, list the planning jurisdiction or city limit the proposed Dyes Imo work falls within. 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) ' �G /fcs 2 L4 c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water e (It many lot sizes, please attach additional page with a list) 'lev✓l) alp lavv or ❑NWL e. Vegetation on tract f. Man-made features and uses now on tract RE ff // A / _ 1 / 2 g. Identify and describe the existing land uses adiarent to the proposed project site. DC?vf-IvtHDC h. How does local government zone the tract? I. Is the proposed project consistent with the applicable zoning? (Attach zoning oompIian certificate, if applicable) GL'1LL []Yes[]NoZ7 j. Is the p oposed activity part of an urban waterfront redevelopment proposal? ❑Yes 2110 k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes []No FEJ A If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes o ❑NA National Register listed or eligible property? - - .- _i <Form continues on next page> ii[ 1J 13 YJ 252-808-2808 .. 1-888-4RCOAST :. www.nccoastalmanag®ment.net Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (I) Are there wetlands on the site? Q'fes []No/tMM /4 (ii) Are there coastal wetlands on the site? ,1 res (iii) If yes to either (i) or (it) above, has a delineation been conducted? ,❑]NNo []Yes1rvo (Attach documentation, 8available) n. Describe existing wastewater treatment facilities. RECEIVED o. Describe existing drinking water supply source. JUL I 'I ZU13 L—' �4 � p. Describe existing storm water management or treatment systems. DCM MHD CITY 5. Activities and impacts a. Will the project be for commercial, public, or private use? ,,❑.,Commercial ❑PublicdGovemment �- C- yrmvate/Canmunity b. Give a brief description of purpose, use, and daily operations of the project when complete. !✓A�cTaIc7 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. 6 G�- d. List all development activities you propose. e. Are the proposed activities maintenance of an existing project, new work, or both? f. What is the approximate total disturbed land area resulting from the proposed project? ❑Sq.Ft or []Acres N �:lh.� ✓l g. Will the proposed project encroach on any public easement, public accessway or other area []Yes 436o ❑NA that the public has established use of? �� c.�4 C enc,, y 43,4 h. Describe location and type of existing and proposed discharges to waters of the state. 1. Will wastewater or stormwater be discharged into a wetland? ❑Yes []No cENA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes []No j. Is there any mitigation proposed? ❑Yes ❑No C?A If yes, attach a mitigation proposal. NC <Form continues on back> m 252-808-2808 .. 1-888-4RCOAST .. www.nccoastaimanagement.net Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 6. Additional Information In addition to this compfeled application form, (MP-1) the following, items below, if applicable, must be submitted in order for the application package to be complete. Items (a) - (f) are always appt/cabte to any major development application.. Pease consult the application instruction booklet on how to properly prepare the required items below - a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. Ve 01 C I. 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 C e o✓1.Jc Phone No. . Address /:g�G �9�..�. � H�- ' — l✓N �w. - is yG� �r/C � � l C✓� Name I rT ��, nJ� I;r - Phone No. Address 1� 9�`� r.-i� 26-)v7 1?/C �.� c2V Name' �Gffg ���— - Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pernittee, and issuing dates. igned consultant or agent authorization form, 'd 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. If the project involves of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Polic OM u T�� 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. DCMMRIC" 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 certi hhaat ttoVnfformation provided in this applicati is truthful to the best �of�r�Ay knowledge. Date 1 Z�� Print Name dl Signature Please indicate application attachments pertaining to your proposed project. ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts DCM MP-3 Upland Development CM MP-4 Structures Information r C=i V_D NC )UiV x d Ci113 252-808-2806 .. 1-888-4RCOA87 :. www.nccoastaimanagement.net Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) RECEIVED JUL 17 2013 DCM MM CITY 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 ❑This section not applicable a. (i) Is the docking facility/n i❑a: b (i) Will the facility> open to the general public? ❑Commercial ❑Public/Government rivate/Community ❑Yes jPKo c. (i) Dock(s) and/or piers) d. (i) Are Finger Piers included? ❑Yes i]N611 (ii) Number If yes: (iii) Length ��Z (ii) Number (iv) Width l/ 4�1 (iii) Length (v) Floating es ON (iv) Width (v) Floating ❑Yes ❑No �/ ✓VIVO e. (i) Are Platforms included? W. f. (i) Are Boatlifts included? [_-]Yes fKo If yes: If yes: (ii) Number (ii) Number (iii) Length (iii) Length (iv) Width (iv) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ("wet slips') only, number of slips: ❑ Dry storage; number of boats: El Boat ramp(s); number of boat ramps: iIJ'Other�ease describe: i. Check the proposed type of siting: ❑ Land cut and access channel ❑Open water, dredging for basin and/or channel 21:15n water; no dredging required ❑Other; please describe: k. Typical boat length: Z� m. (i) Will the facility have tie pilings? ❑Yes Zoe- (ii) If yes number of tie pilings? j. Describe the typical boats to be served (e.g., n runabout, charter boats, sail boats, mixed types). I. (i) Will the facility be open to the general public? Oyes JUH6— RECEIVED DCM `VVlL. 1 GT0N, NC JUi\' 1 2 26i3 Form ®CM MP-4 (Structures, Page 2 of A) DOCKING FACILITY/MARINA OPERATIONS )his section not appfcabte 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. (i) Give the location and number of 'No Sewage Discharge" signs proposed. (ii) Give the location and number of "pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. RECEIVED r g. Where will residue from vessel maintenance be disposed of? In Give the number of channel markers and 'No Wake' signs proposed. �,0— i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. DCM-MHD CffY //L­/` j. What will be the marinapolicyon overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? m. Is the manna/dockigg facility proposed within a primary or secondary nursery area? f i,"�I ?, U I ❑Yes Form DCM MP-4 (Structures, Page 3 of 4) RECEIVED n. Is the man �n,a�/dock�r�g facility proposed within or adjacent to any shellfish harvesting area? JUL 17 2013 ❑Yes Leo/ o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetatom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW _ . ❑SAV ❑SB OWL _ ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes 'Fe If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 13. BOATHOUSE (including covered itits) ❑This section not, applicable a. (i) Is the boathouse stmcture(s): ❑Commercial ❑PubliclGovemment ❑Private/Community (ii) Number (iii) Length (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. tf a rock groin, use MP-2, Excavation and Fill.) his ser6on not applicable a. (i) Number (ii) Length (iii) Width �5. BREAKWATER (e.g., wood, sheetpile, etc.) �is section not applicable a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS PKIs section not applicable a. Is the structure(s): ❑Commercial ❑PubliclGovernment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7, GENERAL b. Number d. Description of buoy (color, inscription, size, anchor, etc.) Form DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. r4r g, G % Lcu�� �J / irk J C"- �- Note: For buoy or mooring piling, use arc of swing including length ot" if c� -r_- r (� A- • ofvessel. c. Width of water body d. LWaat`er depth at waterward end of structure at NLW or NWL _ / /q Z e. (i) Will navigational aids be required as a result of the project? ❑Yes �o ❑NA - (ii) If yes, explain what type and how they will be implemented. 18. OTHER ❑This section not applicable a. Give complete description: Date Project N Applicant Names ApRi(cant Signature RECEIVED 111 17 2013 u L`C_M`N! DC.rTl/ REv IVED DCM `V1Uv':"v,, TON, SIC lUi`I 1 �• �ili�� ,2044 Trinity Ave, Wilmington, NC 28411 Directions, Location and Map I MapQuest Page 1 of 1 S mapquest Map of: 2044 Trinity Ave Wilmington, NC 28411-7880 Notes 2044 Trinity Ave., Wilmington, NC JUL 1 7 2613 i — DCSf:, MEDCPIY BOOK TRAVEL with mapquest (877) 577-5766 Ogden 4vny v _. a o Ry h e� Nq fRd a7-, .fir , Q 0 Cavil Estates 3 49°b� 7im4r Credt G, 200 ....+; fTllpgi168t 500M ptk i jo f �. s sF r 4 V a 02012 MajaQuest Z.,tions 02M NAV TE0 I Terms I Privacy_y 02013 MapQoast, Inc. Use of direcdwns and maps subject to the MadQuest Terms of Use We make no guarantee of t-e accurs, of Heir contend, road conditions or raga usability. You assume all risk of use. Vier T-mas n' Uw RECEIVED [)CM OLMINGTON, NC JUN 12 10413 hr1„• //vnanv me.v,nuaf ....... /...:.,Me—.�.... nnTn APo i G 1 117.40') .oAM 00011.E 411 /'HN 9 Page 1 of 1 RECEIVED JUL 17 202 1 W4,; t, J �uG �2 DGK!t!IDGTFY DCNIVl;!l ,1l.'1:u+DN, NC JUN 1 X3 2013 Page 1 of 1 14� �k`'� a�scsr✓En JUL 17 2013 DCM-MAD crm RECEIVED DCM U' ILMING?ON, NC JUN 19, 2Ui3 l.f+n•//.r:o ni......,.. �.Y./A4/11 /7h12 6V 6 F/cc re / U �a C GAG LT w HECEIVED DCM MI-MliNTON, NC KIN i , z2 Ol 3 y; ;r" otc'r"e- c- 16 I q\ �� EJ@7? T 1 Nni ON 'NOIeNInIlM VVOa � z/2 rs ''r/ 1 0 (� c c �l k J s /v rt' V, \( �;1 2 �( f rip "' ECEIVW aa172013 v 41 RECEIVEI) JUL 1 7 2013 DCAf-Nfp �DCTTY R 'I-- C E IV ED r Dcm WILMINGTON, NC JUL 0 3 2013 �AR�M FCUNR North Carolina Department o'r Environment and Natural Resources Division of Coastal Management Pat McCrory Braxton C. Davis John E. Skvada, III Governor Director Se cretary July 10, 2013 MEMORANDUM: TO: Ken Vafier LPO New Hanover Co. FROM: Doug Huggett, NC DENR-DCM Major Permits Co 400 Commerce Ave., Morehead City, NC 28557 (Courier 11-12-09) SUBJECT: CAMA Major Permit Application Review Applicant: Gerald & Cynthia Merrell Project Location: 2044 Trinity Ave., adjacent to the AI W W & Middle Sound, in Wilmington, New Hanover Co. Proposed Project: to replace an existing dilapidated boathouse and construct an additional floating dock at existing docking facility. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Doug Huggett at the address above by August 2, 2013. If you have any questions regarding the proposed project, contact Robb Mairs at (910) 796-7215, when appropriate, in-depth comments with supporting data is requested. REPLY: / This agency has no objection to the project as proposed This agency has no comment on the proposed prc This agency approves of the project only incorporated. See attached. This agency o ects to the project for reas SIGNED �� DATE — 127 Cardinal Drive Ext., YYilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-39641rtemet www.ngc-ggstalmanaQement.net An EWaI OppGwnmt 1Affiand eArbon EmOaier 2044 Trinity Ave, Wilmington, NC 28411 Directions, Location and Map I MapQuest Page 1 of 1 5 mapquest Map i 2044 Trinity Ave Wilmington, NC 28411-7880 Notes RECEIVED r nity Ave., Wilmington, NC JUL 12 2013 DCM•MM CITY BOOK TRAVEL with mapquest- (877) 577-5766 G r k<' dgdon 0 ,yL.4EafR0 �9rb'4'v L}5 } _ Ff t ` [y c•�6 r erJ. r t1�tis+Y7` Cfi �� ✓ •� � 1y�e S, Pik, S Gkel •P QI J i 31 J�j d? a � -. V .. � v ✓ ,PS,• C0V11 Estill i <`" V. is T,hri CrackU/ r - 201 ' "UWgUest 51 ¢d �` �?' Lane ell @2013 NAvi£O I Terms I Prime 02013 Map0ues[, Inc. Use of directions and maps is subject to the Mappuest Terms of Use. M make no guarantee of the accuracy of their content, road conditions or route usability You assume all nsk of use. View Tio Js,, RECEIVED DCM WiTON, NC 3UN 12 201 http://www.mapquest.com/print?a=app.core.dfa551317e692ccdOl9e9lba 6/3/2013 Page 1 of 1 JUL 12 2013 Dc V-3`_3D OTY RECEIVED DCM WILMINGTON, NC JUN 12 203 http://gis.nhegov.com/ArcGISIresdservicesIPublicIMapServer/export?dpi=96&transparent.. 6/11/2013 Govoni, Daniel From: Timpy, David L SAW [David.L.Timpy@usace.army.mil] Sent: Tuesday, August 20, 2013 9:44 AM To: , Coburn, Chad; Huggett, Doug; Govoni, Daniel; Steenhuis, Joanne; Howell, Jonathan; Spencer, Thekla M SAW Cc: Mairs, Robb L; Hughes, Emily B SAW Subject: Gerald & Cynthia Merrell, SAW-2013-01268, CAMA Major App, GP291, Federal Comments (UNCLASSIFIED) Attachments: CL31-2013-01268-.doc Classification: UNCLASSIFIED Caveats: NONE Pursuant to GP291, attached is an advance copy of the recommended federal conditions for the subject project. A signed copy will be mailed soon. Dave Timpy Project Manager Regulatory Division US Army Corps of Engineers, Wilmington District 69 Darlington, Avenue Wilmington, North Carolina 28402-1890 Office: 910-251-4634 Cell: 910-617-3254 Fax: 910-251-4025 Email:david.L.Timpy@usace.army.mil Website: http://www.saw.usace.army.mil 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 the Customer Satisfaction Survey located at our website at http://Per2.nwp.usace.army.mil/survey.html to complete the survey online. Classification: UNCLASSIFIED Caveats: NONE 1 W20/13 English customor Servico USPs Mobile USPS.coma, - Track& Confirm Register I Sign In k Quick Toots Track& Corrine Ship a Pac tags S"'mi V"M Enter up to 10 Tracking #! Find Find USPS Locations h�f s &Confirm calcuia e. ce Find aZIP code tlald Mail Status: Delivered Your item was delivered at 128 pm an July 3, 2013 in WILMINGTOµ NO 28411. 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Search USPS.com or Track Packages S. cp SUS nEss Soiiitictls 0THIR USPS SITE Business Custom- Gale:i ay, Postal Inspectors) inspector General, Postal &pbrer, https://tools.uses.conJgolTrackConfirn-Acdonlinput.action?tLabels=70123050000007057854 1/1 MAJOR PERMIT FEE SCHEDULE RECFWED Merrell / $250 / rya s 4ek Co. JUL 12 209 DCM % DC'LJWv Fy Development Type Fee 14300160143510009316256253 2430016024351000952341 I. Private, non-commercial development that does of involve the filling or excavation of any wetlands or open water areas: $250 100% $250 0% $0 II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 1 100% $400 0% $0 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, r D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $250 100% $250 0% (SO) III(B). Public or commercial development, if General Water Quality Certification No. 3490 See attached can be applied: $400 100% $400 0% $0 III(C). If General Water Quality Certification No. 90 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or a uatic life: $400 60% $240 40% $160 III(D). If General Water Quality Certification No. 90 see attached cannot be applied: $400 60% $240 40% $160 IV. Development that involves the filling and/or of more than one acre of wetlands ravation /or open water areas: $475 60% $285 40% $190 RECEIVED North Carolina Pat McCrory, Governor NCDENR Department of Environment and Natural Division of Coastal Management Braxton C. Davis Director July 10, 2013 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Merrell Major Public Notice JUL 12 2013 Resources DO &VMDCITY John E. Skvarla, III Secretary Kyle & Heather: Please publish the attached Notice in the Friday, July 12, 2013 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Divison of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by Credit Card (number on file with Elsa Lawrence, Ref acct # 796-7215). Please send 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. Sincerely, Shaun K. Simpson Permit Support Techni Division of Coastal Management Enclosure cc: WiRO Doug Huggett Dave Timpy Michele Walker 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796.7215 \ FAX: 910-395-3964Internet: www.nccoastaimanagement.net An Equal opportunity \ Affirmalive Action Employer NOTICE OF FILING OF f. RKEWM APPLICATION FOR CAMA MAJOR JUL 12 2013 DEVELOPMENT PERMIT DC.VV."DVTY The Department of Environment and Natural Resources hereby gives public notice as required by NCGS 113A-119(b) that an application for development permit in an Area of Environmental Concern as designated under the CAMA was received complete on July 3, 2013. According to said application, Gerald & Cynthia Merrell propose to replace a boathouse and add a floating dock to an existing docking facility at 2044 Trinity Ave., adjacent to the AIWW, in Wilmington, New Hanover County. A copy of this entire application may be examined or copied at the office of Robb Mairs, N.C. Dept. of Environment and Natural Resources, Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, North Carolina 28405, (910-796-74215) 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 August 8, 2013, 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 this matter will be provided upon written request. RECEIVED Gerald & Cynthia Merrell Project JUL 12 2013 6-11-2013 DC..V1VEDCITY I, Jim Garrett, am acting on behalf of Cynthia and Gerald Merrell to obtain a major CAMA permit for the following address. 2044 Trinity Ave Wilmington NC 28405 *According to Shellfish, approximately 100 boat slips currently exist in Harrelson's Creek located off the ICW. I propose to add an additional 150 square/feet (25' x 6') to the existing (42' x 6') floating dock. I propose this one additional slip to avoid a shellfish closure. *1 also propose to remove and replace the existing covered boathouse with a new structure that will stay on or in the existing foot print. The boathouse that is currently in place was constructed prior to 1986. According to state permit number 27-86, the boathouse was a pre- existing structure. *I am asking for a non -conforming permit. Name - Gerald Merrell Signature — Name - Jim Garrett Signature - RECEIVED DCM WILMINGTON, NC JUN 12 2013 JUN 12 2013 North Carolina Pat McCrory Governor Jim Garrett 323 Halyard Court Wilmington, North Carolina 28405 Dear Mr. Garrett: Q NCDENR Department of Environment and Division of Coastal Management Braxton C. Davis Director July 9, 2013 Natural Resources John E. Skvarla, III Secretary The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Mr. and Mrs. Merrell, for State approval for proposed development located at 2044 Trinity Avenue, adjacent to Middle Sound, in New Hanover County. It was received as complete on July 3, 2013, and appears to be adequate for processing at this time. The projected deadline for making a decision is September 17, 2013. 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 July 3, 2013, 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. A field report has been prepared and is in the process of being circulated to the various state and federal review agencies for their comments. If additional information is required based on this review, the agencies may contact you directly. cc: Robb L. Mairs Field Representative Doug Huggett, DCM Dave Timpy, USACE Ken Vaf-ier, NH Co. 127 Cardinal Drive Fxd., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement net RECEIVED JUL 12 2013 DC1f-V-9D CY1 Y An Equal Oopo nity � Afinnative Achon Ennolover NOTI(011174A LAMA PERMIT APPLIED FOR Applicant proposes to replace a boathouse PROJECT: •' COMMENTS ACCEPTED THROUGH Au9►ust20_2013 APPLICANT: iimGarrett 323 Halyard Court C� N K77 � W FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Ext. Wilmington, NC 28405 Robb Mairs, Field Representative 910-796-7215 200401SIYI FOR RREBEC ATT. WISTIRMR � SOS NEW ~VER C"TV K 2004 F N 29 04:17:08 P1 BK:4252 PG 150-154 FEE:SnA IEiR I t 28 II921 DRAWN BY: CALDER & CALDER, ATTYS 611 PRINCESS ST. WILMINGTON, NC RECEIVED JUL 12 2013 DCSI-V-`ID CITY STATE OF NORTH CAROLINA SUBORDINATION AGREEMENT COUNTY OF NEW HANOVER FOR AND IN CONSIDERATION of the sum of ONE DOLLAR ($1. 00) and other good and valuable consideration, RBC Cantcra Bank, a North Carolina Banking Corporation (formerly known as Cantura Bank) and CS Sezvlcas, Corp., Trustee subordinate the lien of that deed of trust identified as follows: Deed of Trust by Richard J. Mynatt and wife, Cynthia C. Mynatt, to CB Services Corp. as Trustee and Centura Bank for $100, 000. 00, dated August 8, 2001 and recorded August 16, 2001 in Book 3018 Page 267 in the New Hanover County Registry to the lien of that deed of trust made by Richard J. Mynatt and wife, Cynthia C. Mynatt to CB SERVICES CORP. , Trustoe and 10C Cantura Bank in the approximate amount of $970,000.00, and approximate initial interest rate of 5.E75 8 recorded the Zgni day of March, 2004 in Book 7- at Page /j$- in the New Hanover County Registry. The purpose of said subordination is to make the $970,000.00 RBC Cantura Bank lien a first lien and the said $100,000.00 RBC Cantura Bank lien a second lien on the premises located in the County of New Hanover and the State of North Carolina and being particularly described as follows: PROPERTY at 2044 Trinity Avenue in Harnett Township in New Hanover County, North Carolina, containing 4.05 acres, more or less, sometimes known as the Trinity Methodist Church Tract, having Tax Parcel Identification Number R04500-006-002-000, and being more particularly described in the deed recorded in Book 1764 at Page 899 in the New Hanover County Registry, and on the attached sheet marked EXHIBIT A, which is to be taken as a part of this instrument as though fully set out herein. It is expressly understood and agreed that, except for such subordination, the $100,000.00 deed of trust now held by RBC Centura Bank and all of the terms and conditions thereof shall DRAWN BL` CALDER & CALDER. ATTORNEYS RETURN TO. CALDER & CALDER, ATTORNRYS remain in full force and effect. IN WITNESS WHEREOF, C8 Services, Corp., Trustee and BBC Ceatura Bank have caused this instrument to be executed in their corporate names by their duly authorized officers and their seals affixed hereto, this the [IX day of March, 2004. CB SERVTCES, CORP. By: 11J� Its: �W- VIIp BBC CENTURA BANK Formerly known as Cen ura Bank By Its: Llank trr&r STATE OF NORTH CAROLINA COUNTY OF I eL1) CY I.Y`C'IIE�� I, 6 C1,ILYf-0kq , a Notary Public of the County and State aforesaid, certify that t,;L, FA.f I7"11 '9 , personally came before me this day and acknowledged that he f�s i 71Pf nrjo, 1,jep.i CB Services Corp. and acknowledged, on behalf of CB Services Corp., the due execution of the forgoing instrument. Witnesses my hand .and official stamp or seal, this the l(F day of March, 2004, pOURTIyF Notary Public w Y =�TAP� My Commission Expires COMMON EMRES 012907 0 GOURT*Jy N [�n� OVER ?OTA qg . Cq T: A .. � myaau 2044 Trinity Avenut EXHIBIT "A" TRACT ONE: Beginning at the northwestern comer of Lot No. 4, as shown on the map of Ocean View, dated May 20, 1955, by M.H. Lander, C.E., recorded in Map Book 6 at Page 4 of the New Hanover County Registry, said Beginning Point being South 26 degrees 08 minutes East 55.9 feet from an old iron pipe, the northeastern corner of the tract conveyed by J.E. Sneeden and wife to the Trustees of Trinity Methodist Church by deed recorded in Book 398 at Page 260, of said Registry; running thence from said Beginning Point, South 26 degrees 08 minutes East with the eastern line of said church tract, 397.36 feet to an old iron pipe near the high water line of Middle Sound; thence South 26 degrees 08 minutes East to the edge of the channel of the Intracoastal Waterway; thence southeastwardly with the edge of said waterway to a point in the southwestern line of the old D.R. Foster summer home tract (if same were extended southeastwardly); thence North 43 degrees 35 minutes West with said old Foster line about 700 feet to the southernmost comer of the tract conveyed to Harrelson by deed recorded in Book 391 at Page 195 of said Registry, said paint being where said line was intersected by the center of an old branch; thence northwardly with the eastern line of said Harrelson tract about 150 feet to a point that bears South 59 degrees 06 minutes West from the Beginning Point; thence northwardly 59 degrees 06 minutes East about 140 feet to an iron pipe in the edge of the marsh; thence North 59 degrees 06 minutes East 103.9 feet to the Point of BEGINNING; the same containing about 1.6 acres of high land and about 2.3 acres of marsh land, and being a portion of the tract conveyed to the Trustees of Trinity Methodist Church by deed as aforesaid. And being the same property conveyed or intended to be conveyed from J. Earl Sneeden and wife, Gladys S. Sneeden to Horace K. Thompson and wife, Hortense If. Thompson by deed recorded 15 February 1966 in Book 766 at Page 104 of the said Registry. - TRACT TWO: BEGINNING at the northwestern comer of Lot 4 of Ocean View Subdivision as shown on the map thereof duly recorded in Map Book 6 at Page 4 in the Office of the Register of Deeds of New Hanover County; and from said beginning point running thence North 26 degrees 08 minutes West with the western fine of Lot 6 of said subdivision 55.0 feet to an old pipe marking the northwestern comer of said Lot 6; running thence South 71 degrees 48 minutes West with the southern line of Lots 7, 12 and 13 in said subdivision 105.3 feet to an old pipe in the edge of the Marsh; running thence same course continued 125 feet, more or less, to a point in the eastern line of a tract of land conveyed by J. Earl Sneeden and wife, Gladys Sneeden, to Clyde W. Harrelson by deed recorded in Book 391 at Page 198 of the New Hanover County Registry; running thence South 13 degrees East with said Harrelson's eastern line 100 feet, more or less, to the northwestern comer of a tract of land conveyed to Horace K. Thompson and wife by deed recorded in Book 766 at Page 104 of the said Registry; running thence North 59 degrees 06 minutes East along said Thompson's northern line 140 feet, more or less, to a pipe in the edge of the marsh; thence same course continued and with said Thompson's northern line 103.9 feet to the point of BEGINNING. And being the same property conveyed or intended to be conveyed from Gladys Sneeden (widow) to Horace K. Thompson and wife, Hortense H. Thompson by deed recorded 13 August 1968 in Book 838 at Page 522 of the said Registry; and subject to an easement in and to the present 60 foot boat channel as it is constructed from the eastern line of the Harrelson property northwardly to Lots 6, 7, 8 and 12 of Ocean view Subdivision, said easement being reserved for the use and benefits of the grantees herein and also for the owners of Lots 6, 7, 8 and 12 of the said Ocean View Subdivision and provided also that no warranty of any kind whatever is made as to any of the property above described in TRACT TWO that lies northwardly of the said boat channel easement above referred to and described. There is excepted however from TRACT TWO of the above described lands so much ofsaid property which was conveyed to Eric James Rydewski by deed dated January 21, 1992, recorded in Book 1586, Page 1700 of the New Hanover County Registry. RECEWED JUL 12 2013 DCM•MHD CITY STATE OF NORTH CAROLINA COUNTY OF i'ELI) rY1ntier I, 6 rh WI-n 4' , Notar]� Public of the County and State aforesaid, certify that h n f"Y?CCf7_!h�P 1 personally came before me this day and acknowledged that he is --i�. Cf�y rii of RBC Canturs Bank, a North Carolina Baking Corporation, (Eormarlp known as Canters Bank) and acknowledged, on behalf of RBC Centura Bank, formerly known as Centura Bank, a North Carolina Banking Corporation, the due execution of the forgoing instrument. Witnesses my hand and official stamp or seal, this the day of March, 2004. T,CCUW�,F� L _ a 4GHl.�G a� Notary-Pffblic My Commission Expires C0mmS "Dpm 012907 REBECCA T. CHRISTIAN REGISTER OF DEEDS, NEW HANOVER 216 NORTH SECOND STREET WILMINGTON, NC 28401 ♦ff awa YYaff\ea\\afaffafafaaf\11ww»ffYf fffuflfaaYafafu\faeaffuffllfufufu«fuufuf faffuaawfauffaffaeflf\+Y\\\f Filed For Registration: 03/29/2004 04:17:08 PM Book: RE 4252 Page: 150.154 Document No.: 2004015421 SUBD AGMNT 5 PGS $23.00 Recorder: JACQUELME NELSON Yfa\fa\Y\\Y4}1M\Nlfaryflfaf lflf Yf111MYff IIt YM f\Yf Y Yf f a f1111111111..*.f\f1HMf1fYN\1a1f111faaYlf\flYlaf Ya a\\\lf aaa State of North Caro 'Kontyof New Hanover Th_e ffoo_regoing certifiCOURTNEY Notary is certified to be correct. This 29TH of March 2004 RE E{ �T. CH�R STGISTER OF DEEDS By: Fill rr-1 YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT. PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING. RECEIVED *2004015421 * JUL 122013 2004015421 DCM-MHD CITY U.S. Postal Service ., CERTIFIED MAILT,, RECEIPT M1(Domestic Mail • Z1, •. S In M1 r%- Ln LIE BE in 0 M1 Postage $ � �� � R ECp�9 a 'RcC&itV& $3 07 ary MDCM WAM%' XBA WHa&�IMeeaT s .5 P 'w o R p (Endorsement Required) J L 0 2 3 O (End.,e pe Rgile) C3 �g9�tricigpl0®ivE9(k►® O 1E�bbrs AkrM (iWAI f �t)t) ResndiriIXetl Delivery Fee G e a G (Eosement Requiretl) p Total Postage & Fees $ O Total Postage & Fees m m nLJ .l nr To SP rru Sent C ef, Apt. No.; 0 a r 4 Apt o. w PoBox No. 7 /s //� `../M1 or PO Box No. $7. 00t.2013 RECEWM JUL 12 2013 DCM-MHD CITY NCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Beverly Eaves Perdue Braxton C. Davis Dee Freeman Governor Director Secretary AGENT AUTHORIZATION FORM Date: 1 1 Name of Property Owner Applying for Permit: Name of Authorized Agent for this project: C ,&L"w tAe'relt —,r Owner's Mailing Address: Agent's Mailing Address: 3i 7 C-/-% oC— ?VG) ._ Phone Number(4 toa \"tz- Phone Number/h) 6J—C - cz� etc I certify that I have authorized the agent listed above to act on my behalf, for the purpose of applying for and obtaining all CAMA Permits necessary to install or construct the following (activity): 6w, 'P— Af, � 7c For my property located at 2 °�H T�,� ;i,� Av�„�� k w �� w.� .+�- N, 78 v `t This certification is valid thru (date) �6./4.. 0111 Date 127 Cardinal Drive Ext., Wilmington, NC 28405 Phone: 910-796-7215 \ FAX:910-395-3964 Internet: www.nccoastaimanagement.net An Equal Oppolunily 1 ARrmalive Action Employer RECEIVED JUL 12 2013 DCMMHDCPty RECEIVED DCM WILMINGTON, NC JUN 12 2013 NorthCaroiina NatumlIff CCDENR North Carolina Department of Environment and Natural Resources Division of Coastal Management Pat. McCrory Braxton C. Davis John E. Skvada, III Governor Director Secretary June 19, 2013 SENT VIA MAIL Mr. Jim Garrett 323 Halyard Court Wilmington, North Carolina 28405 RE: CAMA Major Development Permit Application for Cynthia and Gerald Merrell 2044 Trinity Avenue, near Wilmington, in New Hanover County Dear Mr. Garrett: The Division of Coastal Management hereby acknowledges receipt of your application, acting as agent for Cynthia and Gerald Merrell, for state approval for a CAMA Major Development Permit for property located at 2044 Trinity Avenue, near Wilmington, in New Hanover County. However, your application lacks information necessary to complete processing. The attached checklist indicates the deficiencies of your application. If you respond within three working days from the date of this fax or E-mail, or within five days from the receipt of this letter with the required additional information, processing of your application will promptly continue and will not be placed on hold. If you are not able to respond within three or five days, your application will not be accepted as complete for processing. Additional information may be required pending further review by the fifteen (15) review agencies. The attached checklist indicates the deficiencies of your application. re Robb L. Mairs Field Representatives cc: Doug Huggett Wilmington Files 127 Cardinal Ddve Ext., Wilmington, NC 28405 Phone: 910-796-72151 FAX: 910-395-3964 Internet: www.nccoastalmanagement.net RECEIVED Jut- 12 2013 DCM-YMCITY An Equal Opportunity 1 Alrumahe Action EmWyW CHECKLIST OF ADDITIONAL INFORMATION AND RECOMMENDATIONS FOR PROCESSING APPLICATION 1. PERMIT APPLICATION FORMS Not all questions on the application have been answered, or indicated as "not applicable" Please address the following items: • Form DCM-MP•1: • Number 1.g., please clarify the number of existing slips. Based on a 6/14/2013 site visit, there appeared to be up to three (3) potential slips: one floating dock -42' in length, one floating "Jet - dock' platform -11' in length on the southern end of the floating dock, and one boatlift within the boathouse. Form DCM-MP-4 • Number 1 e (i), if proposed please include the dimensions of the floating "Jet -Dock' platform. 2. TOP OR PLAN VIEW AND CROSS SECTION DRAWINGS Note: Drawings done in pencil cannot be approved for submittal. Please resubmit in ink, or provide us with copies of the original drawings, and keep the penciled version for your own files. Your application must include drawings (both plan view and side view) showing the following: • Please provide updated scaled top -view and cross section drawings for all proposed and existing structures. The work plans must be accurately drawn to scale (1" = 200' or less) (example: 1" = 30',1"= 50', 1" =100', etc.). OTHER REQUIRED INFORMATION • Project Narrative- Please provide an updated project narrative if needed based on information, aforementioned. Adjacent Property Owner Notification -Certified letters (Return Receipt Requested) with the copies of the permit application package (permit application forms and appropriate work plan drawings) must be sent to all adjacent property owners as stated above. The signed return receipt(s) (Green cards) must be provided with the permit application. JUL 12 2013 DCN-V4 MCITY