20130717 Ver 1_CAMA Permit Application_20130711

Pat McCrory
Governor
July 10, 2013
MEMORANDUM:
Al2 0 1 3 0 7 1 7
'�ft
NCDEE R
North Carolina Department of Environment and Natural Resources
Division of Coastal Management
Braxton C. Davis John E. Skvarla, III
Director Secretary
TO: Karen Higgins
401 Oversight
DWQ - Surface Water Protection
r=�i..�;•
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 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 Dou4 Hu_gQett 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.
SIGNED
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.
DATE
127 Cardinal Drive Ext., Wilmington, NC 28405
Phone: [phone] \ FAX, 910 -395 -3964 Internet: www.nccoastalmanagement.net
An Equal Opportunity \ Affirmative Action Employer

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
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
(B) AEC(s) Involved: EW, PT
Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing - Municipal sewer
Planned - N/A
7.
(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]
(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.

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 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 11' in length by 7' in
width on the most northern end of the boathouse. There is a boatlit 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 II 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.
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 -
R ,iC,to I V'ED
OCM WILMINGTON, NC
juts i 1 2613
JUN 12 2013

DBM WLI
NPLICATION for
Maier Development Permit
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
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If additional applicants, please attach an additional page(s) with names listed.
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<Form continues on bacl>
JUN 2 20 i3
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Form DCM MP-1 (Page 2 of 4)
APPLICATION for
Major Development Permit
n
A a I k
County (can be multiple)
Street Address
State Rd. #
b. Size of entire tract (sq.ft.)
Subdivision Name
city
State
Zip
NWL (normal waterlevel)
(if man; lot size;, please attach additional page with a list)
Phone No.
LotNo.(s) (rf many, attach additional page with list)
411C- - ext.
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
f. Man-made features and uses now on tract
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed prof site.
;aKl5fural EPanmade ❑Unknown
h. How does local government zone the tract?
e. Is proposed work w Oin city limits or planning jurisdiction?
"L
f. If applicable, list the planning jurisdiction or city limit the proposed
❑Yes 0116
work falls within.
❑Yes C
j. Is the p(oposed activity part of an urban waterfront redevelopment proposal? ❑Yes 2<0
V7 7 T.- 7�7
a. Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
c. Size of individual lot(s)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal waterlevel)
(if man; lot size;, please attach additional page with a list)
or ❑NWL
e. Vegetation on tract
-5 o-
e-J
f. Man-made features and uses now on tract
g. Identify and describe the existing land uses ad*acent 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 oomplian certificate, if applicable)
Z7
❑Yes C
j. Is the p(oposed activity part of an urban waterfront redevelopment proposal? ❑Yes 2<0
k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No OKA'
If yes, by whom?
1. Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes 011o ❑NA
National Register listed or eligible property?
MO VTLN!:1"'1'G'FON, NC
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1)

Form DCM MP -1 (Page 3 of 4)
APPLICATION for
Major Development Permit
m. (i) Are there wetlands on the site? Qfes []No /1a✓M tq
(ii) Are there coastal wetlands on the site? .lames ❑No
(iii) If yes to either @ or (ii) above, has a delineation been conducted? []Yes Alo
(Attach documentation, if available)
n. Describe existing wastewater treatment facilities.
o. Describe existing drinking water supply source.
p. Describe existing storm water management or treatment systems.
a. Will the project be for commercial, public, or private use? []Commercial ❑PublidGovemment
ate/Community
b. Give a brief description of purpose, use, and daily operations of the project when complete.
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. 4N
arc/ 2 " `l , 4,,..� ¢ <�.�,• ��,�- G
d. List all development activities you propose.
aa/cl (�, God` /!rG""'ti Glc -
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
g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes o ❑NA
that the public has established use of? �
h. Describe location and type of existing and proposed discharges to waters of the state.
i. Will wastewater or stormwater be discharged into a wetland? ❑Yes ❑No 42NA
If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No 2lA
j. Is there any mitigation proposed? ❑Yes []No [;RA
If yes, attach a mitigation proposal. r V,
DCM WN- 1\1111 ,C-► QN, NIC
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A
Form DCM MP-1 (Page 4 of 4)
APPLICATION for
Major Development Permit
r.h
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. o1
f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such
owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in
which to submit comments on the proposed project to the Division of Coastal Management.
L"-`,PW0h9'N0`.
'kl 7
Name Phone No.
Address hol* N t , lay C.12 Ve
Po.
7"
WV
g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates.
Sot-4 + 2 ;7
,b-Tigned consultant or agent authorization form, if applicable.
I. Wetland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner)
k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), 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.
V
1(
4
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 cert!iWhat t)lonformation provided in this applicati4A is truthful to he best of rAY knowledge.
Date Id Print Name La .1 le
Signature
Please indicate application attachments pertaining to your proposed project.
❑DClVl MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts
QDCM MP-3 Upland Development
WCIVI MP-4 Structures Information ✓C!"A Vi�!_';k',!NGTON, NC
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Form DCM MP-4
STRUCTURES
(Construction within Public Trust Areas)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP -1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
11 DOCKING FACIUTY/NARINA CHARACTEMST1CS pThis sedion not applicable
a (i) Is the docking facility/marina: b. (i) Will the facility open to the general public?
❑Commercial ❑PubliclGovemment rivate/Community []Yes AWD
c (i) Dock(s) and /or pier(s)
d. (i) Are Finger Piers included? []Yes P
(ii) Number
If yes
(iii) Length q2—
(ii) Number
(iv) Width (10
(iii) Length
(v) Floating es ❑No
(iv) Width
(v) Floating ❑Yes ❑No
e (i) Are Platforms included? Aes aaO
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 Idt and /or rail, repair or
(ii) Number of slips existing
maintenance service
❑ Dockage, fuel, and marine supplies
❑ Dockage ( wet slips") only, number of slips.
❑ Dry storage; number of boats:
❑ Boat ramp(s), number of boat ramps:
016 er ease describe:
i Check the proposed type of siting•
❑ Land cut and access channel
[]Open water, dredging for basin and /or channel
96p"e'n water; no dredging required
[]Other please describe:
k Typical boat length. Z
m (i) Will the facility have tie pilings?
❑Yes Zoe -
(ii) (ii) If yes number of tie pilings?
j. Describe the typical boats to be served (e g , n runabout,
charter boats, sad boats, mixed types).
I. (i) Will the facility be open to the general public?
[]Yes d;W— R r -R E I V :E D
DCM W'Ukl 'vGTOra, NC
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Form DCM MP -4 (Structures, Page 2 of 4)
13. ' DOCKING FAC/UMMAR/NA OPERATIONS_ Rllhis.49a6n not appicable
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.
A-111-10-
c Describe the disposal of solid waste, fish offal and trash // r
d. How will overboard discharge of sewage from boats be controlled?
e (i) Give the location and number of 'No Sewage Discharge" signs proposed.
�a.,•� D/, L..-� car 5 �-
(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. .1101/10—
i Give the location of fuel - handling facilities, and describe the safety measures planned to protect area water quality
j. What will be the marina policy on overnight and live- aboard dockage?
k. Describe design measures that promote boat basin flushing?
I. If this project is an expansion of an existing marina, what types of services are currently provided?
RECENEID
I VV U it J 3 I ON, NO
m Is the manna/docki facility proposed within a primary or secondary nursery area? JUN 1 2 A'13
[]Yes
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Form DCM MP -4 (Structures, Page 3 of 4)
n Is the marina/d ' g facility proposed within or adjacent to any shellfish harvesting area?
[]Yes o
o. Is the marina/docking facility proposed within or adjacent to coastal wetlands /marsh (CW), submerged aquatic vegetation (SAV), shell bottom
(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
If yes, give the name and address of the leaseholder(s), and give the proximity to the lease.
3. BOATmoti,SE.Cmcluding,cbvemd IiitsJ ❑This section not applicable
a (i) Is the boathouse structure(s)-
❑Commercial ❑Public/Govemment ❑Private /Community
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
14.'G PON (e g., wood, sheetpile; 06. -!f a rock groin, use MP -Z, 6cavason and Pill.) a6s section not applicable
a (i) Number
(ii) Length
(iii) Width
5. BREAKWATER (eg,'wood, shoepnile, efc� . _ - -- p4ts section not applicable
a Length b Average distance from NHW. NWL, or wetlands
c Maximum distance beyond NHW, NWL or wetlands
6: MOORING. PILINGS awW,- BU01 s section sw hp wabie
a Is the structure(s):
❑Commercial ❑Public/Govemment ❑Private /Community
c Distance to be placed beyond shoreline
Note. This should be measured from marsh edge, if present.
e. Arc of the swing
b Number
d. Description of buoy (color, inscription, size, anchor, etc.)
DCM fNI1_.N1';11I,'T,()f\J NBC
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Form ®CM 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 G i-�- /r/c.��G— /�./cOr/ %G �Laz/z-, �f / ��lJc., -J �/c ��-
Note: For buoy or mooring piling, use arc of swing including length %l t.�/— cy. �✓� tom— /°O`��✓ �'� ems(
of vessel.
c. Width of water body
[� y
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.
d Water depth at waterward end of structure at NLW or NWL
OT
fiiER [3 This section not applica6te
a. Give complete description.
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JUN i. -a 2ui3
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B
V
1
�
V
O
_ 6
i
i
r
RECEIVED
r)CM WILMINGTON, NC
JUL 0 3 2013
--p ~
C
Al
V
V
B
V
1
�
V
O
_ 6
i
i
r
RECEIVED
r)CM WILMINGTON, NC
JUL 0 3 2013
--p ~
C