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HomeMy WebLinkAbout108-21 McMullan Partners LLCPermit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 108-21 Issued to McMullan Partners LLC., 4425 Brantley Circle SW, Shallotte, NC 28470 Authorizing development in Brunswick County at adj. to Shallotte Inlet and the AI W W. at 4425 Brantley Circle SW, in Shallotte, as requested in the permittee's application dtd 3/10/21, incl att workplan drawings (4), Drawing 1,2 of 2 and Spoil Site dtd 3/10/21 and Overview of Dredge Footprint dtd 4/23/21. This permit, issued on August 19, 2021 is subject to compliance with the application (where consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation n tnese terms may be subject to tines, imprisonment or civil action; or may cause the permit to be null and void. Excavation 1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted between April 1 and July 31 of any year without the prior approval of the Division of Coastal Management, in consultation with appropriate resource agencies. 2) No excavation shall take place outside of the area indicated on the workplan drawings. 3) Excavation shall not exceed -3.5 feet below the normal low water level. In no case shall the depth of excavation exceed the depth of connecting waters. (See attached sheets for Additional Conditions) This permit action may be appealed by the permiffee or other qualified persons within twenty (20) days of the issuing date. This permit must be accessible on -site to Department personnel when the project is inspected for compliance. Any maintenance work or project modification not covered hereunder requires further Division approval. All work must cease when the permit expires on December 31, 2024 Signed by the authority of the Secretary of DEQ and the Chair of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. In issuing this permit, the State of North Carolina agrees that your project is consistent with the North Carolina Coastal Management Program. Signature of Pernittee McMullan Partners LLC. Permit No. 108-21 Page 2 of 3 ADDITIONAL CONDITIONS 4) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding waters outside of the alignment of the fill area indicated on the workplan drawings. 6) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the National Response Center at (800) 424-8802 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. Dredge Material Disposal 7) No dredge material shall be placed within 30 feet of the normal high-water line. 8) All excavated materials shall be confined above normal high water and landward of regularly or irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the site is graded and stabilized. 9) The dredge material disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any dredging activities. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance excavation work authorized by this permit, and such notification shall include: A. The number of the original permit. B. A statement that no dimensional changes are proposed. C. A copy of the original permit plans with cross -hatching indicating the area to be maintained, the area to be used for dredge material disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the dredge material disposal site shall be approved by a representative of the Division prior to the initiation of any maintenance dredging activities. D. The date of map revision and the permittee's signature shown anew on the original plan. USACE Conditions 11) A "Consent to Cross" authorization from the Corps of Engineers must be obtained for the easement of the Corps navigation channel prior to material disposal. Provide a written request and a map showing disposal site and the crossing location to Justin Amette at Justin.R.AmetteAusace.armv.mil. 12) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at https://www.fws.gov/raleigh/r)dfs/ManateeGiiidelines2Ol7.pdf. McMullan Partners LLC. ADDITIONAL CONDITIONS General Permit No.108-21 Page 3 of 3 13) 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. 14) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 15) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals or authorizations that may be required. NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General Permit 198000291 (Action ID SAW-2021-00967). NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water Quality Certification 4175 and assigned the project DWR Project No. 2021-0805. NOTE: Future development of the permittee's property may require a modification of this permit. Contact a representative of the Division at (910) 796-7215 prior to the commencement of any such activity for this determination. The permittee is further advised that many non -water dependent activities are not authorized within 30 feet of the normal high-water level. NOTE: An application processing fee of $400 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New v - Major Mod Permit# Minor Mod Permit Coordinator: Field Representative:�C� Date Time 51u-190a r4 sew Renewal __ - Transfer Message '�ISlu Z`---- Jcw;w vw/ tt lC �w4k (s, IN Mr-1 APPUCATION for Major Development Permit (last revised 12127106) North Carolina DIVISION OF COASTAL MANAGEMENT licant/ Landowner 1. PrimaryAPP � Information Project Name (if applicable) Business Name ''— — Applicant 1: First Last Name st Name Cx r� Applicant 2. First Name MI Last Name if ariddionai applicants please attach an additional Page(s) with names listed Mailing Address ZIP I Country Street Address (A different from above) I PO Box City Sho�1�o1Ee- Phone No FAX No. ql o - 1?9 lUH — Cay State Email two,rr��-4®Mtrvrnvi`a+�Pr�Pcr�tt-S Coro 2. AgwWConbaotor Information Business Name Agent/ Contractor 1 First Name MI Last Name C, jLast Name Agentl Contractor 2. First Name Mailing Address —++ — _-- POPO B xox0 4 t-! 77 727rr,rlC�.a C\CLI. ZIP Phone No. 1 WiU4 ext FAX No Contractor # I Street Address (if drl/edent ham above) ' city — State I\\, L ZIP City State Sh• 1! o4-4re— Phone No 2 ext- stab j ZIP Email C d _ �Gr�cNt�` Y�ct�1.��n Y"v>e r}1CS. lc�I— <Forrn continues on bR&CEIVED •-7 I I b I2 1 DCMYN-MHD CITY Form DCM MP-t (Page 2 of 4) APPLICATION for Major Development Permit 3. Project Location County (can be multiple) T)'vnsw�clt Subdwrsion Name Street Address city Pv,n--L S Phone No qlq -J'i1 . L l CLj ext a In which NC river basin Is the project locate(V c. Is the water body identMed in (b) above, natural or manmade) ❑Natural i❑Manmade ❑Unknown � ----- i e. Is proposed work within cM timds or planning junsd¢tioO )Byes ❑No 4. Site Description a. Total We gth of shoreline on the tract (h.) 1 1.101 c Size of individual lots) j 5 O '% I Uq i (Ir many lof sizes please attach additional page with a list) e Vegetation on tract S o a f. Man-made features and uses now on tract State Rd # (,rL1#_ S w State Zip I Lot2No.(s) (d many. attach additional page with hsq I b. Name of body of water nearest to proposed project d. Name the closest major water body to the proposed project site. f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. .n b Size of entire tract (sq ft.) d Approwmate elevation of tract above NHW (normal high water) or NV }normal wateerr level) (0 r .231" or ❑NWL g Ideentriy and describe the existing land uses adiacent to the proposed project site �i Is the proposed project consistent with the applicable zoning? h. How does local government zone the tract? (Attach zoning compliance certificate. if applicable) 1�1ri�1�z:0 r G., ❑Yes Otto t59A --- ' is the proposed aawny Dart or an urban waterfront motiveiopmeot proposals ❑Yes NNo k. Has a professional archaeological assessment been done for the tracts If yes. attach a copy ❑Yes ❑No ($NA I If yesby whom? I Is the proposed project boated in a National Registered Historic District or does it involve a ❑Yes ;EUNo ❑NA_ National Register listed or eligible property? -__900_ <Form continues on next page> WI 1 2021 RECEIVED 0 6 2021 DCM-MHD CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit m. (1) Are there wetlands on the site? (ill Are there coastal wetlands on the site') pii) If yes to either (i) or (ii) above, has a delineation been conducted? (Attach documentation. if available) n. Describe existing wastewater treatment facilities. c ? i > L ❑Yes ®No []Yes &No ❑Yes ❑No o. Describe existing drinking water supply source. p Describe existing stone water management or treatment systems. LL S 4 (I., U S 1 1'��./ MLA\t , 0.✓LMIn� �1! M>��rf -_ 5. Actfvides and Impacts l.Ommerciai Urvunvw.......�... a Will the project be for comrneraalpublicor private use) 131jinvate/Community I _ b. Give a brief description of purpose, use, and daily operations of the Project when complete. C h'A n ^ f- -- cDescribe the Proposed construction methodology types of construction equipment to be used during construction. the number of each type . i of equipment and where it is to be stored. ^r� i�j�0.rr L+y�L,AV Oi�r✓r. L. q�.,.�...t•n 5 Q -d. List all development activities you Propose. C0.vCOiun u !- I;1\ O,n�b lJaroff ha�`.tn 0.wN� !I e. Are the proposed activities maintenance of an existing projectnew work. or both? f. what is the approximate total disturbed land area resulting from the proposed project? / w ❑Sq.Ft or ❑Acres g. Wit the proposed Project encroach on any public easement, public accessway or other area ❑vest` o []NA that the public has established use of? It Describe location and type of existing and proposed discharges to waters of the state ,I I i Will wastewater or stormwater be discharged into a weeandr' ❑Yes {gNo ❑NA If yes. will this discharged water be of the same salinity as the receiving water') [Dyes ❑No ❑NA I []Yes ❑No 15NA j. Is there any mitigation proposedo If yes, attach a mitigation propo`al. — - __... _ RECE�4S C- <Form continues on bacl �CEIVED MAC 1 1(l MAY 0 6 pG"ttMlNG7QN' NC DCMVI-MVHD CITY Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit In addition to this completed application torn. (MP- f) the following items below, d applicable. must be submitted in order for Me application package to be complete. items (a) — to are always applicable to any major development applcation. Please consult the application insaucW booklet on how to prapedy PrePem the required items below a. A project narrative c _ _ -- -o — 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 suffigeMly detailed to guile agenq personnel unfamilar 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 t0 DENR. 9 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 Phone No. 4 • %kQ - 71t$3 Name S r.n %� kL r Address W4o1l' l3�antttj Ctcc1� LW. Shwtr�i+t.NC 2F4�t� Name 7p. v' t}4..J AL Phone No. W`>tt� • 120 -AS i�i Address 4' 4Q �.i �5rartt l�r k �iw. St�djptttr rtL AliltF Tv Phone No. Name Address A list of previous stale or federal permits issued for work on the project tract. Include permit numbers. Pe"Ittee, and issuing dales. h. Signed consukant or agent authorization form, it applicable. µ / Fk - i Wetland delineationit necessary ki 7. A signed AEC hazard notice for protects in oceanfront and inlet areas. (Must be sgned by property owner) A statement of compliance with the N.C. Erwironrnental Policy Acl (N.C.G.S. 113A 1-10), it necessary. If the project involves expenditure of oublic funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. N/P to Enter on Land I understand that any permit issued in response to this application will allow only inl ih conditions and restrictions contained in the permit. in The project will be subject to a I certify that I am authorized to grant. and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date 3 i l o I z I Print Name T:ja, �Vk ` M- tl" ^ Signature`�- Please indicate application attachments pertaining to your proposed project. RECEN D ❑DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts 1 O Z�1 ❑DCM MP-3 Upland Development ❑DCM MP-4 Structures Information M WIWwGTON. NC RECEIVED pG DCM-MHD CITY Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) 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. Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet. ACCeei Rock (exclu tng Channel Canal Boat Basin Boat Ramp Rock Groin Breakwater shoreline (NLW or stabilization NWL - + —. Length ' —7 15 f Width s p t Avg. Existing 1 NA NA Depth Final Project f NA NA Depth ❑This section not applicabi J t. EXCAVATION a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards.-- 1 L 4 , c �w•�---- — c. (i) Does the area to be excavated include coastal wetlands/marsh d High -ground excavation in cubic yards. (CM, submerged aquatic vegetation (SAV). shell bottom (SB). A or other wetlands (WL)"' If any boxes are checked. provide the number of square feet affected ❑CW _ []SAV ❑SB — ❑WL — []None (i) Describe the purpose of the excavation in these areas MATERIAL ❑This section not applicable 2. DISPOSAL OF EXCAVATED b- Dimensions of disposal area. a Location of disposal area. /��Q G �" H3 CAL );CwN DrI•f = NC c (i) Do u claim title to disposal area? d. (i) Will a disposal area be available for future maintenance? []Yes ❑No DNA 7Yes [:]No ❑NA (it) If yes. where? (ii) If no. attach a brier granting permission from the owner e. IU Does the disposal area include any coastal wetlandeimarah f. (i) Does the disposal include any area in the water? (CW), submerged aquatic vegetation (SAV). shed bottom (SB). []Yes Wo ❑NA or other wetlands (WLh It any boxes are checkedprovide the (It it yes, how much water area a affected? number of square feet affected ❑CW — ❑SAV ❑ss -- - _- -_- -- - —ED ❑wL — &None RECEIV (i) Describe the purpose of disposal in these areas n�+lLhr bAAL Ql IMCA"6*0 i,.,MAR102021 RECEIVED MAY 0 6 2021 T'i L-808 2P,bR 1-BnB-1RCOAST It I �!` M-MHD CITY Form DCM MP-2 (Excavation and Fill, Page 2 of 2) 3. SHOREUNE STABILIZATION s section not applicable (if development is a wood groin, use MP-4 — Structures) \ a. Type of shoreline stabilization: []Bulkhead�iprap ❑BreakwateriSill ❑Other: c. Average distance waterward of NHW or NWL. e. Type of stabilization material: g. Number of square feet of fill to be placed below water level Bulkhead backfll _ Riprap _ BreakwateriSill_ Other i. Source of fill material. 4. OTHER FILL ACTMTIES (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? ❑Yes ❑No ❑NA If yes. (ii) Amount of material to be placed in the water (III) Dimensions of fill area (iv) Purpose of fill 5. GENERAL b. Length: _ Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes *o ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material, is section not applicable b. (i) Will fill material be placed in 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 ❑SS ❑WL _ ❑None (ii) Describe the purpose of the fill in these areas. a. How will excavated or fill material be kept on site and erosion b b at typeof or hydraulic construction dreequipment will be used (e.g.. controlled? N/A ru no-& Wilan lx�c�ah0� *- bary` c Ill Will navigational aids be required as a result of the project? d. ❑Yes BfJo ❑NA (if) If yes, explain what type and how they will be implemented. (t) Will wetlands be crossed in transporting equipment to project site'? []Yes Jallo ❑NA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. � I t 0 17 l Applicant Name Date /� r� y Z S 75 rat n+%!i l" r C.1 4— Applicant Signature Project Name RECEIVED RECEIVED MAR 10 20ZI ...... _ - ___. 2,2-noe.2aoe teas-aRcoAs DOMWILMINf�`IrOrJi'NE`�nr' �jcM-MHD clnr 0- T BRANTLEY CIRCLE mows YtlG4 O 91r gIMOSED C85ENVAT10x PCn1 1 nR0VG9ED ^ENN0.15 COFp1FR - y^� 9 OVOf W lrµxC WvL R. ltUa SRNs y Z ^0 1bAlVVUI 3 F 50' R/W (1RARIO IGTlD) 'd n �� TNYI r a -- APVRpWAT LOCAr1 Or E105RIq __" MEAN IEW UTER a5 vrq BtAl11lEY :II.Vp SL101Y9p1 P r ]!PC m ]EE _- ' Pavli ,Au . C'ea OARvaa .� ay; sacAp;pa LS L5 25 Z5 - ATL,kN,ric 114TRACOA aYAL wATERW. Qp«t++ (V�c Mvl\an ��G.wl rho t o 7- loop 3i�o12.1 n p� l/�--- dGj�pL�ri 'c V S C Uti JLC S--balk R 'r .1,5 -LI �� •.l' y) x 1\mr�'k Ails -5.5 Low pi V1 Z) 1 ` r c � C tL E RECEIVED 1` X 3 L7 MAY 0 6 2021 APR 2 ®2021 L � �MWILM��G'i0N' NC BRANTLEY 50' R/A - '� -- -------- ------ T ceorzo..u. eoac a,f _ PPovosm oastrtv�nor. POpT aFSCSEp �S fMCRM y mod .�s e. nr, NY p.vc a eP-. sr.w. e i •vP"o W LocAm a MW "MW WTEP 4S .FP 9tlMi�jY ISlN51 SJOWASM PW r ID R ]!! A JNT 1401* I � 50 r1�� 1'1S o . S ' �0 Q �h 0 0 =--asrwuea � N? pwfY ;.w l flu B�R9�A.. �75�25�, ZIP', y55 1 AO I ,11 RECEIVED MAY 0 6 2021 DCM-MHD C17-1 vacojeD p?R % � 10 It "JoloAc c , D00w11.M�N Li� Cckkj a., -�)r:v2 QC,f-k ON I$ 7.'--- - 1.81 ACRES fiLe, DUIfiG LHI!, f iIIOV ON MIX r S6'o \ NU'x T° S ; e sCALE n run �r - ® uR YQ} i COURII lint .'. axom �... wf ro he, ..0,1 �.. 1q I.i mtwalwmtk Ianl / •.. r _ MF, WT 2011 // - / / `• / 6 f•1 / / ' / • 1 I lJ' J n •� r � � 1 %m f = o 0 � „ m n oti C � = v ..;. •ram _ 601 Sul ,,,PSM 1 1 : 1 1 � DaDoom Ixc r�e2c RECEIVED MAR 10 2021 VCM WILMINGTON, MC Bg110ARr LYE 2A$E BOUN�RI' lllE L D I ffi •> M R Y a SIr v n a u footprint LI _Z3--IuZ\ RECEIVED 0� �lrebbR. MAY 0 6 2021 DCM-MHD CITY LI _Z3--IuZ\ RECEIVED 0� �lrebbR. MAY 0 6 2021 DCM-MHD CITY DCM Coordinator: I� Y�`Q Permit Z Agents DCM Field Offices Elizabeth City Morehead City US ACOE Offices: Washington: MAILING DISTRIBUTION SHEET S6wlfd� ti(G i' • Washington (with revised work plan drawings) Wilmington (OBJECTIONS ) Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Berrie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico) Bill Biddlecome (NC DOT -Remainder ECity/Washington District) Wilmington: swick, New Hanover) iz Hair (Carteret, Onslow, Pender) Brad Shaver (NCDOT-Brunswick, New Hanover, Onslow, Pender) Cultural Resources: Public Water Supply: Renee Gledhill -Earley at Environmental. Review@ncdcr.g4W Heidi Cox (WIRO) ' Marine Fisheries: Kim Harding 1. NC DOT: FmDavid Harris Shellfish Sanitation: ehannon Jenkins / Sharon Gupton State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Chris Pullinger-401 Tina Martin - 401 Clif Whitfield (WARD) Jimmy Harrison Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Berrie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) i Wilmington: Holley Snider — 401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater ' Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WAROK i Natural Heritage Program Rodney Butler LPO: t 6noL' V�C-10w_ (NCDOT) Travis Wilson Bodnar, Gregg From: Bodnar, Gregg Sent: Thursday, August 19, 2021 9:51 AM To: barrett@mcmullanproperties.com Cc: Brock, Brendan O; Pietila, Tanya K; SVC_DCM.MHC.Admins Subject: McMullan Partners CAMA Permit Attachments: 108-21 McMullan Partners LLC.pdf Morning Mr. McMullan, Please see above for a copy of the permit. The original will be in the mail shortly. Please contact your field rep before construction to review the conditions of the permit to familiarize yourself with the specifics of the permit. There are conditions from the USACE that will require further attention concerning a Consent to Cross requirement. Regards, Gregg i Ct�eanfd[m'ivme_tlibfll\ Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 Bob 2808 ext 21 S (Office) Greaa.eydnar&bncdenrg2v Email correspondence to and from this address is subject to the North Carolina Public Records taw and may be disclosed to third parties. Bodnar, Gregg From: Currey, Gregory E CIV USARMY CESAD (USA) <Gregory.E.Currey@usace.army.mil> Sent: Monday, July 12, 2021 5:10 PM To: kathryn matthews@fws.gov; Leigh_Mann@fws.gov; pace.wilber@noaa.gov; Pete_Benjamin@fws.gov; Tranter, Kent W CIV USARMY CESAW (USA); Horton, James Todd CIV USARMY CESAW (USA); Arnette, Justin R CIV USARMY CESAW (USA); DCR - Environmental_Review; Bowers, Todd; PaulJ.Bertram@uscg.mil; Ward.B.Posey@uscg.mil; fritz.rohde; matthew.k.creelman2@uscg.mil; Twyla Cheatwood; Ellis, John; Snider, Holley; MacPherson, Tara; Howell, Jonathan; Wojoski, Paul A, Amico, Patrick J; Bodnar, Gregg Subject: [External] SAW 2021-00967 PGP-291 Coordination McMullan Boat Basin and Access Channel Dredging Attachments: McMullan.bio.narrative.application.drawings.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. All, Pursuant to the CAMA-Corps Programmatic Permit process as per the PGP-291 Permit, the North Carolina Division of Coastal Management (NC DCM) has forwarded to our office a copy of the CAMA permit application, Field Investigation Report and BioReport for the subject project. The attached notice requests federal agency comments on this project by August 13, 2021. The site is located in Waters adjacent to the AIWW and Shallotte Inlet at 4425 Brantley Circle SW, in Shallotte, Brunswick County, NC. The applicant proposes to excavate an access channel and boat basin around/beneath an existing docking facility adjacent to the AIWW and Shallotte Inlet. The rectangular dredge cut (approximately 175ft. x 50ft. x 3ft. MLWL) would begin just inshore of the existing boat lifts and extend southeast, perpendicular to the run of the channel, terminating approximately 70ft. inside of the Army Corps Federal Channel Setback along the AIWW. It should be noted that the Federal Channel Setback widens from 80ft. to 200ft. in the vicinity of the project area. The proposed dredge cut would tie into the -6ft. MLWL contour which is located inside the Corps Federal Channel Setback. The proposed dredging would disturb approximately 8,750 sq. ft. of shallow bottom area. The applicant is proposing to dredge to a final depth of -3.5ft. @ MLWL, resulting in the removal of approximately 972 cu. yds. of shallow bottom habitat. Dredging would be performed using the "bucket to barge" method, and once loaded onto the barge, the vessel would transport and offload the material at 43 Causeway Drive, located just over the bridge on Ocean Isle Beach, NC. The disposal site is located approximately 3.25 miles from the project area (as the crow flies). The disposal area is the site of two active projects (GP-77599 and State Permit# 33-19). According to the applicant, the spoil material will be offloaded from the barge and contained with silt fencing a minimum of 30ft. from Coastal Wetlands. Please see the attached application request, plans and drawings dated March 10, 2021 and a location map for more detailed information concerning the proposed project. EFH: This notice initiates the Essential Fish Habitat (EFH) consultation requirements of the Magnuson -Stevens Fishery Conservation and Management Act. The Corps' initial determination is that the proposed project may affect, but is not DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: fiarretlMcMullan?4r'(I 6 U,6i COUNTY: Brunswick PROJECT NAME: 4425 Brantley Circle SW Excavation LOCATION OF PROJECT: 4425 Brantley Circle SW, 4 to Shallotte Inlet in Shallotte DATE APPLICATION RECEIVED COMPLETE BY FIELD: 4-23-21 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A FIELD REPRESENTATIVE: Brock DISTRICT MANAGER REVIEW: B) DATE RECEIVED BY MAJOR PERMITS UNIT: APPLICATION ASSIGNED TO: Weychert PUBLIC NOTICE REC'D: 5-7-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 7-7-21 HOLDS: MAIL OUT DATE: 5-5-21 PERMIT FINAL ACTION: ISSUE DENY RECEIVED MAY 0 6 2021 DCM-MHD CITY DISTRICT OFFICE: WILMINGTON FEE REC D: $400 (60/40)#2070 END OF NOTICE DATE: 5_28-21 DEED REC'D: Yes 150 DAY DEADLINE: Q(v Z STATE DUE DATE: 5-28-21 AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO DCM - Field Rep rj t DCM - LUP Consistency Determination // Local Permit Officer Corps of Engineers - Regulatory Branch DWR-401 Section {f c�Z I DWR -Public Water Supply s171Z x DEMLR- Stormwater - Sed and Erosion tate Property Office / i/ L4 l esources Commission S(ellfish Section abitat &Enhancement nCommerce (0rchives & History S u yatural Heritage Programf Commerce 'S Recommendations for State Permit — Barrett McMullan The proposed excavation of an access channel and boat basin around an existing docking facility appears to be CONSISTENT with 15 NCAC 07H.0208 (b)(1). Based on this determination, it is recommended that a permit be issued. This office has no objections to the proposed project provided it is consistent with all other state and federal permitting requirements. Any permit issued should also include all applicable dredging conditions. RECEIVED MAY 0 6 2021 DCM_MHD CITY Neer+ C?,ROun ti J "'I'M nn'nml i lllulill NORTH CAROL INA !;m'i; vn;nrnu:%t b: rlih May 4, 2021 ROY COOPER Governor DIONNE DELLI-GATTI & msary BRAXTON DAVIS Dimclnr, Dirluon oj(bas:a! Management FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curtcurt weychert�NCDENR.aov SUBJECT: CAMA /Dredge & Fill Applicant: Barrett McMullan Project Location: 4425 Brantley Circle SW, adjacent to the Shallotte Inlet Shallotte, Brunswick County Proposed Project: Proposal to excavate an access channel and boat basin around/beneath and existing docking facility adjacent to Shallotte Inlet. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 28, 2021: If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: x This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached.. This agency objects to the project for reasons described in the attached comments. PRINT NAME Mark Brown AGENCY Public Water Supply SIGNATURE f24,k- 61auen DATE 5-6-21 RECE FED MAY 7 2021 POP SEECTION FWHD State of North Carolina I Environmental Quality I Coastal Management 127 Cardial Drive Ear, Wilmington, NC 29405 9197967215 0 NORTH CARDLIWL. luny'JUURON(li Ulkl%N'i NORTH OARO'.INA %:rry'; nnrn,ai !'cnrirt May 4, 2021 MEMORANDUM: ROY COOPER Gnrenu,r DIONNE DELLI-GATT[ 5'ecrelory BRAXTON DAVIS Dimclaq Dirisian afC,,a W Uln.gcmenl FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt. wevchert(a) N CD EN R. oov SUBJECT: CAMA/Dredge & Fill Applicant: Barrett McMullan Project Location: 4425 Brantley Circle SW, adjacent to the Shallotte Inlet, Shallotte, Brunswick County Proposed Project: Proposal to excavate an access channel and boat basin around/beneath and existing docking facility adjacent to Shallotte Inlet. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 28, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached'" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Shannon Jenkins AGENCY NC DMF - Shellfish Sanitation / RWQ MAY 1 1 2021 SIGNATUREQkr_ to 9i�i�Ln.a%iro.� for Shannon Jenkins 67 PAP SECTION RRHM DATE 05/10/2021 State ofNotth Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Exl., Wilmington, NC 28405 919796 7215 ROY COOPER r;Tent r DIONNE DELLI-GATTI Srr m"., BRAXTON DAVIS anus. Incn�un.df .�usrsJ.V.argwnrvry May 4, 2021 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curtwevchertftNCDEN R. gov SUBJECT: CAMA/Dredge & Fill Applicant: Barrett McMullan Project Location: 4425 Brantley Circle SW, adjacent to the Shallotte Inlet, Shallotte, Brunswick County Proposed Project: Proposal to excavate an access channel and boat basin aroundlblbeneath and existing docking facility adjacent to Shallotte Inlet. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 28, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: �_ This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME t 1 r ' S `� ✓ L -CE1 V L-D AGENCY MAY 1 3 2021 SIGNATURE M A V-(( t a-) -� 1 a--/ IMP SECTION MHD DATE it 3 f 7- State of Not 1, Carolina i Environmental Quality I Coastal Managonml 127 Cm&nal Drive Ext. Wilmingron, NC 28405 9197967215 ROY COOPER DIONNE DELLI-GATTI BRAXTON DAVIS !!imU. r : `n^,:me uJ i'nnv,i' d.'ongrerrnit May 4, 2021 MEMORANDUM: FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax; 252-247-3330 (Courier 11-12-09) curt.wevchert(@NCDENR pov SUBJECT: CAMA/Dredge & Fill Applicant: Barrett McMullan Project Location: 4425 Brantley Circle SW, adjacent to the Shallotte Inlet, Shallotte, Brunswick County Proposed Project: Proposal to excavate an access channel and boat basin aroun&bsneath and existing docking facility adjacent to Shallotte Inlet. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 28, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME WandaHilllard RECEIVC® AGENCY State Property Office I. r MAY 2 6 2021 SIGNATURE W Wia_ wand-) FOP SECTION Mho® DATE May 25, 2021 State ofNarth Camhna I Environmental Quality I Caaval Mamgement 127 Cardinal Drive Ext, Wilmington, NC 28405 919 796 7215 Received:5/12/2021 Historic Preservation Office ER 21-1212 NORTH _AR i1LNA ...r,r'..,utinnu10,da, woR, rH (.ARG':NA c A1111NFl21i/u/ f.%lfiiil�l May 4, 2021 MEMORANDUM: Due:5/20/2021 ROY COOPER Cinrenmr DIONNE DELLI-GATTI Seeremry BRAXTON DAVIS lx.loq Uiriainn oro m"'I Mnnage'neni FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt.wevchert(cD N CDE N R. eov SUBJECT: CAMA/Dredge & Fill NC - SBA 5/17/2021 Applicant: Barrett McMullan Project Location: 4425 Brantley Circle SW, adjacent to the Shallotte Inlet, Shallotte, Brunswick County Proposed Project: Proposal to excavate an access channel and boat basin around/beneath and existing docking facility adjacent to Shallotte Inlet. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 28, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY Historic Preservation Office (G.r.o.. v1VSa I�D�-bra. SIGNATURE DATE 5/25/2021 M AY 2 6 2021 MP SECTION MHD State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 9197967215 a May 4, 2021 C.zl• DS.v6. e�3 ROY COOPER ;a.cu ar DIONNE DELLI-GATTI x, es,•a,q.. BRAXTON DAVIS Unrcmc fffisvun „fr.'✓�rnLrl.ILrn�rkwn.an FROM: Curt Weychert, Assistant MajorPerrnits Coordinator RECEIVED NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax 252-247-3330 (Courier 11-12.09) MAY 2 6 2021 curt.we chertNCDENR. ov SUBJECT: CAMA /Dredge & Fill PAP SECTION WID Applicant: Barrett McMullan Project Location: 4425 Brantley Circle SW, adjacent to the Shallotte Inlet, Shallotte, Brunswick County Proposed Project: Proposal to excavate an access channel and boat basin around/beneath and existing docking facility adjacent to Shallofte Inlet. Please Indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 28, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached`* This agency has no comment on the proposed project. _ This agency approves of the project only if the recommended changes are incorporated. See at#aobed. 64ir'j This agency objects to the project for reasons described in the attached comments. PRINT NAME_ M-, rh e_ T. - -cun r) t"61ef ' nvncs m` 9 Sl,Altwi i 1G per 40— t AGENCY ID C -Sk -1" cLw_fiela SIGNATURE �o��t1�uY.p) Sild`rsr�t�lp1 �- �.YsiGier� tn-i'hesA C.tul.s. DATE 5-'Is-2-t,4 NGueC X�Ly?"-h 111cJ)�AF ee Stare of North Carolnra I E-im=mtel QmUty l Coaztel Lb ganmt �t�'tv� I's-rep"Lo 4 ^—�) 127CardmalDriverixt.,Wdmington,NC289M5 9/97967215�:,2S�fWLQS DocuSign Envelope ID: 04D0632E-AOEO4B54-BA3F-67A2AFB78950 ROY COOPER Governor DIONNE DELLI-GATTI Secretory S. DANIEL SMITH Director Barrett G. McMullen 4425 Brantley Circle SW Shallotte, NC 28470 NORTH CAROLINA Envfronmentat Quality May 26, 2021 JUN 4 2021 PAP SECTIOIN FAM DWR # 20210805 Brunswick County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS 4425 Brantley Circle SW Boat Basin —Atlantic Intracoastal Waterway Dear Mr. McMullen: You have our approval for the impacts listed below forthe purpose described in your application dated March 10, 2021, received by the Division of Water Resources (Division) May 5, 2021. The application proposes to excavate a boat basin beneath an existing docking facility. The proposed project is located within the Atlantic Intracoastal Waterway which are class SA;HQW waters by the DWR. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of General Permit No. 198000291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved Plan Location or Reference (units) Permanent Stream N/A N/A 404/401 Wetlands N/A N/A Open Water/Shallow Bottom 0.20 acres dredged Project narrative, sheets 1 & 2 (8,750 sq. ft.) This approval, is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1127Catdinal Drive Extension I WIIMngtort North Carolina 28405 910.7967215 DocuSign Envelope ID: 04D0632E-AOE04B54-BA3F-67A2AFB78950 McMullen- 4425 Brantley Circle D W R# 20210805 401 Certification Page 2 of 4 appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. If you are unable to comply with any of the conditions of the attached Water Quality General Certification or with the additional conditions itemized below, you must notify the Wilmington Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Regional Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. Additional Conditions [15A NCAC 02H .0507(c)]: 1. Moratoriums The Permittee shall comply with any moratoriums per the INC Division of Marine Fisheries and the INC Wildlife Resources Commission. Dredging moratoriums shall be observed as required by the NC Division of Marine Fisheries, NC Wildlife Resources, US Fish and Wildlife and National Marine Fisheries. If such activities should take place during periods of high biological activity (e.g. shorebird, or sea turtle nesting), biological monitoring may be required at the request of other state and federal agencies and coordinated with these dredging activities. Citation: 15A NCAC 02H .O506(b);15A NCAC 02H.O507(c) Justification: A project that affects waters shall not be permitted unless the existing uses (including aquatic life propagation and biological integrity), and the water quality to protect such uses, are protected. Protections are necessary to ensure any remaining surface waters or wetlands, and any surface waters or wetlands downstream, continue to support existing uses during and after project completion. The Division must evaluate if the activity has avoided and minimized impacts to waters, would cause or contribute to a violation of standards, or would result in secondary or cumulative impacts. 2. Turbidity Standard The Permittee shall adhere specially to 15A NCAC 02B .0222 Tidal Salt Water Quality Standards for Class SB Waters.(12) pH: shall be normal for waters in the area, which generally shall range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is the result of natural conditions; (19) Turbidity: the turbidity in the receiving water shall not exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the existing turbidity level shall not be increased. [15A NCAC 02B .0222] Citation: 15A NCAC 028.0211; 15A NCAC 02H .0506(b)(1); 15A NCAC 02H .O507(c) J U N 4 2021 MP SECTO®N MID t — :+ DocuSign Envelope ID: 04D0632E-AOEO-4B54-BA3F-67A2AFB78950 McMullen- 4425 Brantley Circle D W RN 20210805 401 Certification Page 3 of 4 Justification: Surface water quality standards require that conditions of waters be suitable for all best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas (PNAs)], wildlife, and secondary contact recreation]; and that activities must not cause water pollution that precludes any best use on a short-term or long-term basis. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5 This Certification can be contested as provided in Chapter 150E of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements forfiling a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at htto://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Holley Snider or Tyler Benson at 910-796-7215, Holley.Snider ncdenr.gov or Tyler. Benson 0ncdenr.gov if you have any questions or concerns. Sincerely, RECEIVED JUN 4 2021 MP SECTIOM MHO DocuSign Envelope ID: 04DO632E-AOEO-4B54-BA3F-67A2AFB78950 Enclosures: GC4175 McMullen- 4425 Brantley Circle DWR# 20210805 Cuocusi6ne4 by: 401 Certification AMUA SaM6'j-UV' j Page 4 of 4 E3ABA34ACTDC4M_ Morelia Sanchez -King Regional Supervisor DWR Wilmington Regional Office cc: Francis Way (via email) Greg Currey, USACE Wilmington Regulatory Field Office (via email) Maria Dunn, NCWRC (via email) Heather Coats, Division of Coastal Management Wilmington Office (via email) DWR 401 & Buffer Permitting Unit RECEIVED JUN 4 2021 a Nf;i: i I I CAKOl'L, t.rn r'r'Oi"nr;N,N Oidia) May 4, 2021 MEMORANDUM: ROY COOPER Gmornnr DIONNE DELLI-GATTI seems mry BRAXTON DAVIS Direcmr, Dirislou of ('oaslol Management FROM: Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cu rt.wevchert(d)NCDENR.aov SUBJECT: CAMA/Dredge & Fill Applicant: Barrett McMullan Project Location: 4425 Brantley Circle SW, adjacent to the Shallotte Inlet, Shallotte, Brunswick County Proposed Project: Proposal to excavate an access channel and boat basin around/beneath and existing docking facility adjacent to Shallotte Inlet. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 28, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached** X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Kimberlee Harding AGENCY NCDMF SIGNATURE K6� Yr DATE 06/11/2021 State ofNonh Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 ECE 01 ED JUN 1 1 2021 10P SECTION MHD MEMORANDUM To: Gregg Bodnar From: Michael Christenbury, Wilmington District Planner Subject: Consistency Determination, Major Permit Application, Barrett McMullan, Shallotte, Brunswick County Date: June 29, 2021 CONSISTENCY DETERMINATION: This project is consistent with the Shallotte CAMA Land Use Plan Update. The applicant proposes to excavate an access channel and boat basin around/beneath an existing docking facility adjacent to the Shallotte River. The project is located at 4425 Brantley Circle SW in Shallotte, Brunswick County. Areas of Environmental Concern (AEC's) impacted by the proposal are PTA and EW. Waters at the project site are classified as SA; HQW and are not open to the harvest of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Shallotte CAMA Land Use Plan Update and offer the following comments. The general area of the project is classified as Residential. In general, Shallotte allows development in Residential classified areas and AECs, which is consistent with the State's minimum use standards. The Shallotte Land Use Plan contains some policies and discussion, which exceed the State's minimum use standards. However, none of these policies are applicable to this project. This project appears to be consistent with the Shallotte CAMA Land Use Plan Update. Cc: File RECEIVED JUN 2 9 2021 MP SECTION MHD DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 August 16, 2021 Regulatory Division Action ID No. SAW 2021-00967 Mr. Jonathan Howell North Carolina Department of Environmental Quality North Carolina Division of Coastal Management 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: Reference the application by Barrett McMullan to excavate an access channel and boat basin around/beneath an existing docking facility adjacent to the AIWW and Shallotte Inlet. The rectangular dredge cut (approximately 17511. x 50ft. x 311. MLWL) will begin just inshore of the existing boat lifts and extend southeast, perpendicular to the run of the channel, terminating approximately 70 feet inside of the Army Corps Federal Channel Setback along the AIW W. The proposed dredging will disturb approximately 8,750 sq. ft. of shallow bottom area, resulting in the removal of approximately 972 cu. yds. of shallow bottom habitat. Dredging will be performed using the "bucket to barge" method, and once loaded onto the barge, the vessel will transport and offload the material at 43 Causeway Drive, located just over the bridge on Ocean Isle Beach, NC. The disposal area is the site of two active projects (GP- 77599 and State Permit# 33-19). The spoil material will be offloaded from the barge and contained within silt fencing a minimum of 30 feet from Coastal Wetlands. The permit authorization will be for a one-time dredging event. The Federal agencies have completed review of the proposal as presented by the application and your field investigation report. We recommend that the following conditions be included in the State authorization: RECEIVED AUG 1 7 2021 NIP SECTION MHD Special Conditions 1. All work authorized by this permit must be performed in strict compliance with the submitted plans dated March 10 and April 23, 2021, which are a part of this permit. Any modification to these plans must be approved by the US Army Corps of Engineers (USACE) prior to implementation. 2. A "Consent to Cross" authorization from the Corps of Engineers must be obtained for the easement of the Corps navigation channel prior to material disposal. Provide a written request and a map showing the disposal site and the crossing location to Justin Amette at Justin.R.Amette@usace.army.mil. 3. No dredging may occur during the moratorium period from April I" to July 31'. 4. Except as authorized by this permit or any USACE approved modification to this permit, no dredge, fill, or mechanized land -clearing activities shall take place at any time in the construction or maintenance of this project within waters outside the designated permitted boundary. This permit does not authorize temporary placement or double handling of excavated or fill material within waters outside the permitted area. 5. Work in wetlands are prohibited during the dredging, material disposal, or any other aspects of work associated with this project. All dredged material must be deposited on high ground. 6. All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of petroleum products or any other hazardous waste, the permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733-5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7. The permittee shall require its contractors and/or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and/or agents associated with the construction or maintenance of this project with a copy of this permit. A copy of this permit, including all conditions, shall be available at the project site during construction and maintenance of this project. 8. The permittee shall employ all sedimentation and erosion control measures necessary to prevent an increase in sedimentation or turbidity within waters and wetlands outside the permit area. This shall include, but is not limited to, the immediate installation of silt fencing or similar appropriate devices around all areas subject to soil disturbance or the movement of earthen fill, and the immediate stabilization of all disturbed areas. Additionally, the project must remain in full compliance with all aspects of the Sedimentation Pollution Control Act of 1973. RECEIVED AUG 1 7 2021 kip SECTION MHD 9. The activity must be conducted in such a manner as to prevent a significant increase in turbidity outside the area of construction or construction -related discharge. Increases such that the turbidity in the waterbody is 50 NTU's or less in all rivers not designated as trout waters by the North Carolina Division of Environmental Management (NCDEM), 25 NTU's or less in all saltwater classes and in all lakes and reservoirs, and 10 NTU's or less in trout waters, are not considered significant. 10. In order to further protect the endangered West Indian Manatee, Trichechus manatus, the permittee must implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at http•//www.fws.gov/ne-es/mammal/manatee euidelines.odf. 11. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Greg Currey, Wilmington Field Office, Regulatory Division, telephone (910) 523-1151. Sincerely, Gregory E. �regoryE.C�,eyY Date: 2021.08.16 Currey 16:53:20-04'00' Greg Currey, Project Manager Wilmington Regulatory Field Office Attachment: Copies Furnished by email with attachment: Mr. Paul Wojoski Division of Water Resources North Carolina Department of Environmental Quality 1650 Mail Service Center Raleigh, North Carolina 27699-1650 RECEIVED Ms. Tara MacPherson Mr. Gregg Bodnar North Carolina Department of Environmental Quality AUG 1 7 2021 MP SECTION NIND North Carolina Division of Coastal Management 127 Cardinal Drive Extension Wilmington, North Carolina 28405 Mr. Pete Benjamin U.S. Fish and Wildlife'Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Mr. Fritz Rohde Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Dr. Pace Wilber National Marine Fisheries Service Habitat Conservation Division 219 Fort Johnson Road Charleston, South Carolina 29412-9110 Mr. Todd Allen Bowers US EPA Region 4 Life Scientist Water Protection Division 61 Forsyth Street, SW Atlanta, Georgia 30303-8960 Ms. Holley Snider Division of Water Resources North Carolina Department of Environmental Quality 127 Cardinal Drive Extension Wilmington, North Carolina 28405 AUG 1 7 2021 PAP SECTION MHD DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT APPLICANT'S NAME: Barrett McMullan 2. LOCATION OF PROJECT SITE: Site is located at 4425 Brantley Circle SW, adjacent to the Shallotte Inlet in Shallotte, Brunswick County. Coordinates: Latitude N 33°54'30.45" Longitude W 78°23'03.94" 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Dates of Site Visits — 4-14-2021, 4-23-2021 Was Applicant Present — Yes 5. PROCESSING PROCEDURE: Application Received — 3-10-2021 14 Day DWR Pre -Filling Deadline — 4-12-2021 Application Complete — 4-23-2021 Office - Wilmington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Brunswick County Land Classification From LUP — Mainland Residential (B) AEC(s) Involved: PTA, EW (C) Water Dependent: Yes (D) Intended Use: Residential (E) Water and Wastewater Treatment: Existing - Municipal Planned - N/A (F) Type of Structures: Existing - Single family residence, docking facility Planned - Dredge an access channel and boat basin around an existing docking facility. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Uplands N/A —2,500 sq. ft. N/A (B) Vegetated Wetlands N/A N/A N/A (C) Open Water —8,750 sq. ft. N/A N/A (-972 cu. yd.) (D) Total Area Disturbed: Potential to di. ,arb up to—11,250 sq. ft. (.25 acre) (E) Primary Nursery Area: No l y (F) Water Classification: SA; HQW Open: ,Nd'®(&, 41r 8. PROJECT SUMMARY: The applicant proposes to excavate an access channel and boat basin around/beneath an existing docking facility adjacent to the Shallotte Inlet. DECEIVED MAY 0 6 2021 DCM-MHD CITY Barrett McMullan 'IccelvED April 28, 2021 Page 2 �1AY 0 6 207 t 9. PROJECT DESCRIPTION DC W44HO CITY The proposed project is located adjacent to the Shallotte Inlet at 4425 Brantley Circle SW in Shallotte, Brunswick County. To locate the project site from the Wilmington Regional Office (WiRO), travel southwest from Wilmington to Sunset Beach on US 74 W (Martin Luther King Jr Pkwy) & US 17 S for approximately 20 miles until you reach US-17 S Business on your left. Travel about 2 miles down US-17 S Business and turn left onto Village Rd SW. Travel to 1.5 miles until you reach the traffic circle and take the 2"d exit continuing onto NC-179 S for 2 miles. Then take a left onto Brick Landing Rd and continue for 1.3 miles and take another left onto Devane Rd SW. Continue until Devane Rd SW turns into Brantley Circle SW. The project site is on the right hand side. Existing structures on the .37-acre project site include a single-family residence, a pool, and a docking facility. The high ground is vegetated primarily with domestic grasses and ornamental landscaping. High ground elevations are approximately I Oft. above the normal high water (NHW) level, and the applicant's entire shoreline (+/- 120 linear ft.) is stabilized by both a bulkhead (GP-35099) and rip -rap (GP-38977) placed waterward of the bulkhead. The rip rap revetment extends a maximum of 1 Oft. below NHW. There are no Coastal Wetlands within the applicant's riparian corridor. Presently, the owner maintains a private docking facility which extends southeast off the bulkhead. A 6ft. x 120ft. access pier leads to a 1Oft. x 22ft. gazebo and 8ft. x 20ft. open platform. Boatlifts are located to the east and west of the gazebo, for a total of two formalized slips at the applicant's property. Water depths (in the vicinity of the existing water dependent structures) range from approximately Oft. to-3.Oft., relative to normal low water (NLW). Residential properties border the project site to the north, east, and west, and the Shallotte Inlet is located to the south. Based on existing documentation, there is a history of dredging along the AIW W, within the Corp of Engineer's channel setback and within and Shallotte Inlet (as recently as 3-28-2021); however, there is no record of any privately funded dredging events at the subject property. Since the applicant's property is located at the mouth of the Shallotte Inlet, exact waterbody widths will vary, but extending adjacent shorelines across the inlet establishes an approximate waterbody width of 588ft. The waters of the AIW W (adjacent to the project site) are classified SA by the Division of Water Quality and ARE NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN to the harvest of shellfish. Based on visual observations made by DCM staff during the April 2021 site visit, there appears to be NO Submerged Aquatic Vegetation (SAV) or live oysters in the surrounding waters. Tidal amplitude in the project area is approximately 5.5ft. between NLW and NHW (See Sheet 2 of 2). PROPOSED PROJECT The applicant proposes to excavate an access channel and boat basin around/beneath an existing docking facility adjacent to the Shallotte Inlet. Based on the site plan, the applicant would dredge an access channel and boat basin in the center of the riparian corridor extending southeast towards Shallotte Inlet. The rectangular dredge cut (approximately 175ft. x 50ft. x &5A(y,,tYNLW) would begin just inshore of the existing boat lifts and extend southeast, perpendicular to the run of the channel, terminating approximately 70ft. inside of the Army Corps Federal Channel Setback along the KP•Z AIW W. It should be noted that the Federal Channel Setback widens from 80ft. to 200fL in the vicinity of the project area. The proposed dredge cut would tie into the -6ft. NLW contour which is located inside the Corps Federal Barrett McMullan April 28, 2021 Page 3 Channel Setback. Based on information presented in the application package and DCM site visits, existing water depths (beneath and around the existing docking facility) range from OR. to -311. @ NLW, and the applicant is proposing to dredge to a final depth of -3.5ft. @ NLW, resulting in the removal of approximately 972 cu. yds. of shallow bottom habitat. Dredging would be performed using a "bucket to barge" method, and once loaded onto the barge, the vessel would transport and offload the material at 43 Causeway Drive, located just over the bridge on Ocean Isle Beach, NC. The disposal site is located approximately 3.25 miles from the project area (as the crow flies). The disposal area is the site of two active projects (GP-77599 and State Permit # 33-19). According to the applicant, the spoil material will be offloaded from the barge and contained with silt fencing a minimum of 30ft. from Coastal Wetlands. Dewatered spoils will be used as backfill material for the vinyl bulkhead permitted under GP-77599. The applicant has received permission to use the disposal site and it has been approved by DCM staff. 10. ANTICIPATED EUPACTS The proposed dredging would disturb approximately 8,750 sq. ft. of shallow bottom area Minor increases in turbidity should be expected during the dredging event; however, no long term adverse impacts are anticipated. Spoil disposal would be contained by a 5011. x 50ft. (2,500 sq. ft.) silt fence at least 30ft. from NHW and eventually used as backfill for a previously permitted bulkhead (GP-77599) at 43 Causeway Drive, in Ocean Isle Beach, NC. The proposed project would not exceed a final depth of -3.5ft. @ NLW and would extend into the Army Corps Federal Channel Setback, as approved by USACOE. As proposed, it appears that the dredging and disposal activities would not impact Coastal Wetlands, SAVs or PNAs. Submitted by: Brendan Brock Date: April 29, 2021 Office: Wilmington RECEIVED MAY 0 6 2021 DCM-MHD CITY Barrett McMullan 4425 Brantley Circle SW Shallotte, NC 28470 Form DCM MP-1 "Additional Information": a. A Project Narrative The scope of this excavation project includes removing 972 cubic yards of sand and spoil from the vicinity of the dock located at 4425 Brantley Circle SW, Shallotte, NC 28470 out to the navigable waters of the Imercoastal Waterway (map/drawing provided). Excavation will be pinpoint through use of an excavating machine placed on top of a steel barge. Excavated material will be placed on the barge in a contained area. Once excavation is complete, the material will be hauled via barge to 43 Causeway drive, Ocean Isle Beach, NC where it will be transferred to clearly marked (see map) silt fence containment area more than 30' landward of the mean high waterline. The spoil will be dried in this location and then used as backfill for a bulkhead on the same parcel. The purpose of the excavation is to allow the property ownerto regain water access for use of boating where shoaling has occurred in recent years. The existing mean low water depth in this area is -0.5' with a goal to make the mean low water depth -3.5'. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. The project proponent hereby requests thatthe ce rtifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time DECEIVED MAY 0 6 2021 DCM-MHD CITY BRANTLEY ISLAND P,Axtr. ,., 1:1,1.. 1I Rf N'a1i IT fAAN 1111 I'441(1 1I.\1 A� 1rIL�KM1' AI Mil'!l:✓✓. .r )x4r Jlx rJnv'MP MrNhxCP t11. ILIMM <AY4MA r A. OMNfR 4ACY lffr TT •rva L� ww"w•• •r u w lu . IX KLP'YH DMAN4CY I$ANO. IIL P Ap+ rote wvvnu/ a+c.un'nr.n I0gfiuw) a rw5 (R!lrr. w 115 •• OAT( .AN IJO. _ O. au13 LOCATION MAP Mx.f Mr'V4 wv. annnr...• �y Vyp Y�.Ts`�rw 'vvw. fYP » �tP(l_Tt r 4. �0" _ (rY'fx ll•ul) � �a rh ( i y / rl vw� �/ ' i � F i\ • • / t A " ' •I rvvAT�a t .n n � .w ..+m•ar c.,w w. wr.urA .. "•w :•'�' : ! • A' P `J� • � M,n ' �/' � sva r annv rnr.vrvr �'�"•ww o.n � �.C-,.R. l/L�i%� �/' a�(I). W .' a�rPa •~"/A d� �(L�l�.�. A It //1;Ykl, 0 rtJ DpJPN sic • r'r' e aPv �� / ,� r. • ••••• YIMMM. fi9Lg1 . / / , %` �'� f _ _ Jr.ia.. r nAIC.:.`.rw= art"' u�wvrr�t '.: Y..wY�. �w�/j.F U �F[ u.ns ..✓�MRvs /rN.n Wrv•n t� A.i.� �-a�iv i rPr u+ '.l •...1 ~.rV.k `�.. bra . r ✓ N..hn 1`'� _ ,y,'y � .wr..aw.vM.n R� •tNpwsr � � � " .siN1 sa 1 w � (IMTM.. f' ,ra 41va � f a.1 .t� �unnR wAr r,�.i+ .w.wvu morn ,P.A. " """" +ty(➢ h ' h, w r w+ HANOVER DESIGN SERVICES, r4 r anni. uu / AW11 rr � AN/I SVRKYm?PS LNW4lNS ! IAVI Y rvr.nw•nwrsAu .� w +..e wu(m .rr Mew,... �.rr • mvm.r.i. ma.r w r .ua u aM..r�i1 .�i.l "I I wA v'}�' n rw 5C4 / / !/ 1 �� �� �'llla I��... rr .w..a. .r✓.✓M. ri r\. Ate./. i. a(�' 1 - _ .OI'.. 2U N3LL 4P j2-.04: 3s Pm 8 1-OZ �lw 2100 N V ! O � i U U Z W` N N 0 / W U a O rl z � 0 �c G U G This c9 Yn�A1� ID�c�/,7c, ,-.:' �.�•" P_fl:mwizk C: D3511 :,'rd•;S!,.'3 v rnl. T:lis i3 %D: F S ih>t :h;; ps rra_I nurnber TAcn , Jx, i.;:c 7L'sc: pPton. 0vo (AL-zl) Tax C'3l. i CC'l. _.QY � `✓�. IIIIIIII iIIB IIIIIII IIIIIIIII I IIIII Bads sz 'OOM .6'� Brunsuiek County, NC Register of Deeds page t o1 2 G7nf/ Return.. /i(''t.�`G.1/J -otal /%FFyFi'ii'I�, Ratjnd_. s i __. _Finance.._ Portions of Mc, Jmen; ere i;4giyle due to condition of oigma .7 oc rued centaur: v; its wr'aC Dti onginr.. This instrument prepared by BaxleySmithwick PLLC. licensed North Carolina attorneys. without opinion on title. NORTH CAROLINA NON -WARRANTY DEED Tax Parcel # 243MA03503 & 243MAD351 1 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK THIS DEED, made this the _ I day of December. 2019, by and between McMULLAN VENTURES, LLC, a North Carolina limited liability company, of 72 Craven Street, Ocean Isle Beach. North Carolina 284W9, party of the (first part, hereinafter referred to as Grantor, and McMULLAN PARTNERS, LLC, a Georgia limited liability company, of 870 Old Canton Road, Marietta. Georgia 30058, party of the second part, hereinafter referred to as Grantee, WITNESSETH. THAT Grantor, for a valuable consideration paid by Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain. sell and convey unto Grantee, its successors and assigns, in fee simple, all those certain tracts or parcels of land situated in the Town of Ocean Isle Beach, Shallotte Township. Brunswick County, North Carolina, and being more particularly described as follows TRACT 1: BEING all of that certain parcel of land at Ocean Isle Beach, North Carolina, as shown on a survey recorded in Map Cabinet 24 at Page 342 of the Brunswick County Registry. being that certain tract or parcel of land containing 29,791.81 square feet more or less, and designated as Pdwel "A' in a survey plat dated March 29, 2001, revised July 12, 2001, entitled "Map of Survey for Ladane Williamson and DeCarol Williamson of Parcel A. 29971 81 sq. ft.", prepared by Jan K. Dale, PLS. a copy of which is duly recorded in Map Cabinet 24 at Page 342 in the office of the Register of Deeds for Brunswick County, North Carolina. to which plat reference is hereby made and which is incorporated herein for greater certainty of description of said property: LESS AND EXCEPTING THE FOLLOWING TRACT HERETO RRE CONVEYED Being all of that certain tract or parcel identifiedREC"V1 containing 10,980.53 square feet, as more fullyM615WED a survey plat dated 28 MAR 10 2021 MAY 0 6 2021 DCM-MHD CITY DCM WILMINGTON, NC ulllhl nlull III8IIIINI�NIII Pan t z' NO Bru ick County, NC July 2001, prepared by Jan K. Dale. PLS entitled "Map of Survey for McMullan Partners. LLC to be conveyed to Sharky's Inc.. Parcel A-1 ", a copy of the plat of which is duly recorded in Map Cabinet 24 at Page 402 in the office of the Register of Deeds for Brunswick County, North Carolina, to which plat reference is hereby made and which is incorporated herein for greater certainty of description of said property. TRACT 2: BEING all of Tract 1, containing 1.81 acres. accord ng to a Minor Subdivision Map for Virginia Williamson and the Estate of Odell Williamson dated November 13. 2012 and prepared by East Coast Engineering & Surveying. P.C., recorded in Map Book 76 at Page 55 in the office of the Register of Deeds of Brunswick County, North Carolina, reference to which is hereby made for a more particular description In accordance with NCGS Section 105-317.2. the mailing addresses of Grantor and Grantee are as stated above The property herein conveyed does not include the primary residence of Grantor TO HAVE AND TO HOLD the aforesaid tracts or parcels of land and all privileges and appurtenances thereunto belonging to Grantee in fee simple, subject to the following exceptions. restrictive covenants of record, utility easements of record, street rights -of -way and 2019 and subsequent yearsad valorem property taxes. Grantor makes no warranty, expressed or implied, as to title to the property hereinabove described. IN WITNESS WHEREOF, Grantor has hereunto caused this instrument to be duly executed, the day and year first above written. STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK MCMULLAN VENTURES, LLC By: _--_-_---- RECEIVED Barrett McMullan, Member/Manager MAY 0 6 2021 i)Clbl_MI.ID CITY I certify that the following person personally appeared before me this day and acknowledged .tame that he voluntarily signed the foregoing document for the purpose stated ther &101 capacity indicated: Barrett McMullan, as Member/Manager of MCMULL/}NTUR LLC, a North Carolina Limited Liability Company ("the Company"y, (andlfQf it act of the Company. ta`�ry Date: / a„�1���r�I ;;.• qa', A - ( IN tary Public's Sign ure Notary's Printed Name. My Commission Expires: f__S;1'h, MAR 10 2021 DCM "LMINGTON, NC Brenda n Clenncn. Register of Deeds 02-24-2017 13:30:25 000 Brunswick County. NC NC REVENUE STROP: $563. 00 (4520579) 1llBmue N111: —Lf_ 999y $— — r+eion� . _ .. _. _ i•ivanGa_ _� ::,NiuLBxso:u<•,.,;�F :.;�;..�•: o•,wrjtion ' �xx.2aeoeMwu�yonpioBl ,.. .,:1hNr>f•[^'n-.pnmd,Tai, �e r.,n't.• 111111111111111 J 1111 III III I III III I III B3a?5 „1z37 �mons. �5'�oc Brunswick County, NC Register of Dead. page 1 of 3 This instrument prepared by BaxleySmlrnwlcK YLLU, licensed North Carolina attorneys. Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of closing proceeds NORTH CAROLINA GENERAL WARRANTY DEED Excise Tax: $563.00 STATE OF NORTH CAROLINA 1 ax Parcel #245 AS 003 COUNTY OF BRUNSWICK THIS DEED, made and entered into this 23 day of February, 2017, by and between McMULLAN PARTNERS, LLC, a Georgia limited liability company, of 870 Old Canton Road, Marietta, GA 30068, hereinafter referred to as "Grantor", and BARRETT G. McNIULLAN and wife, STEPHANIE B. McMULLAN, of 1697 Bent Tree Trail SW, Ocean Isle Beach, NC 28469, hereinafter referred to as "Grantees'; VVITNESSETH. That Grantor, for a valuable consideration paid by Grantees, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto Grantees, their heirs and assigns, all of that certain lot or parcel of and situated in Shallotte Township, Brunswick County, North Carolina, and more particularly described as follows BEING all of Lot 3 of Brantley Pointe as delineated and described on a plat of survey entitled "Brantley Island Planned Unit Development", prepared by Michael J Lawrence, P.L S., dated July 30, 2002, and recorded in Map Book 26 at Page 386 of the Brunswick County, North Carolina Registry. DECEIVED MAY 0 6 2021 kaGktfl-MHD CITY Together with a perpetual non-exclusive easement for ingress, egress and regress over and upon those roadways as described in an easement in favor of and for the benefit of Purvis Therrell Properties, LLC, a North Carolina Limited Liability Company. said easement being recorded in Deed Book 1843 at Page 409 of the Brunswick County, North Cale • Registry. RECEIVED MAR 10 2021 DCM WILMINGTON, NC e IIIJ11111I Jill IIIilllllllllllllllllli �3a75 P1238mmo3 25'OX Brunswick County, NC Register of Deeds page 2 of 3 Also subject to the Master Declaration of Protective Covenants, Restrictions, Easements, Charges and Liens for Brantley Pointe recorded in Deed Book 1855 at Page 624, Brunswick County, North Carolina Registry For back reference see Book 3270 at Page 763 and Book 3224 at Page 411. Brunswick County Registry. In accordance with NCGS Section 105-317.2, the mailing addresses of Grantor and Grantees are as stated above. The property herein conveyed does not include the primary residence of Grantor. TO HAVE AND TO HOLD the aforesaid property, together with all privileges and appurtenances thereto belonging unto Grantees, and the heirs and assigns of Grantees, in fee simple forever, subject to the taxes, easements and restrictions set out or referred to herein. AND Grantor covenants with Grantees tLat Grantor is seized of the premises in fee simple, has the right to convey the same in fee simple, that title is marketable and free and clear of all encumbrances, except as hereinabove stated, and that Grantor will warrant and defend the title against the lawful claims of all persons whomsoever, subject to the following exceptions: restrictive covenants and utility easements of record, street rights -of -way, and 2017 and subsequent years' ad valorem properly taxes. IN WITNESS WHEREOF Grantor has caused this instrument to be duly executed as of the day and year first above written McMULLAN PARTNERS, LLC RECEIVED ByMAY 0 6 2021 Ruben G. McMullan, Member/Manager f'G,"A-iVHD CITY RECEIVED MAR 10 2021 DCM WILMINGTON, NC IIIIIIIiIIIIIII IIililiilllillllllilil ffi piz39� o�= �oP Brunswick County, NC Register of Deeds page 3 of 3 STATE OF NORTH CAROLINA COUNTY OF BRUNSWICK I certify that the following person personally appeared before me this day and acknowledged to me that he voluntarily signed the foregoing document for the purposes stated therein and in the capacity indicated: Ruben G. McMullan, as Member/Manager of McMullan Partners, LLC, a Georgia Limited Liability Company ("the Company"), as and for the act of the Company Date: February 23, 2017 1, K.rf Re ina K. enkins, No Public NGTAq y .,� t m : My Commission Expires. July 11. 2018 9G '• �UBUG ,i �. '%4./Ck CO11N`..ri RECEIVED MAY 0 6 2021 DCM-MHD CITY RECEIVED MAR 10 2021 DCM WILMINGTON, NC µ RECEIVED MAY 0 6 2021 CITY 12 f' CAMA / DREDGE i FILL GENERAL PERMIT kNevv Modification Complete Reissue Partial Reissue As authorized by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC Applicant Name r , Address-_�_t/r�uii�n Load City Stall, -fJC ZIPps !/� Phone # ( -5(o j— 7(o 7 Fax # (,--)--- — r Authorized Agent Affected -. CW -_ EW WA ,=:ET PTS AEC(s). C OEA HHF '� IH El USA WA ,— PWS: 7PC: ORW: yes /,swi PNA yes / no Crit. HAb. yes / no Previous permit # Date previous permit issued Project Location: County _ _ : i Street Address/ State Road/ Lot #(s) Subdivision Era o i tc'r . Pr_/1 r7T City - - _ / // t'y rtC _ ZIP 1" 8-* Phone # ( ) Rkw B•Wt j1 Adj. Wtr. Body "_%;_! /r= / OYC. %C'!Vf/ (nat../man junkn) Closest Maj. Wtr. Body lZrVcr- Type of Project/ Activity el -'- .'r (Scale: Per (dock) length Pladorm(s) _ X a_O !o✓L."{tyj I �..._�yC - ' Finger pier(s) Groin length Bulkhead/ Riprap length .— avg distance offshore max distance offshore Basin. channel.!. f{ r cubic yards Boat ramp • • e Boa thous Boadgc )i� XP _ Rx8 Beach Bulldozing Other Shoreline Length // n — SAV: not sum yes M Sandbags. not sure yes no Moratorium: rda yes M Photos yes no Waiver Attached: yes fro A building permit may be required by. Notes/ Special Conditions r_. Agent or Applicant Panted Signature �Pleasereadcompliance siatementonback ofpermit Application Fees) Chock! % MAY 0 6 Al 0CM-MHD.C1TV .I_..c Ir-P. i r See rate on back nWvding RJver B"n Permn 011lcer s Signaturo Inuing0asa Local Pbrmh[g)urisdktlon Ro F&Name -_ CAMA / DREDGE & FILLS~ 6f GENERAL PERMIT Previous permit# .New Modification Complete Reissue Partial Reissue Date previous permit issued As authorized by the State of North Carolina, Department of Environment and Natu sources and the Coastal Resources Commission in an area of environmental concern pursuant to I SA NCAC Rules attached. Applicant Name 'I ;: t • i - _i Project Location: County ---- --------- Address _ _ J / Z_ r T Street Address/ Sate Road/ Lot #(s)_ City - / i. ,;i, E State ZIP !!Z C- C- Subdivision _ r // f City : ! /uC-- -� - — 7JP— Z Phone # (- ) River Buhl La *i Ei r Adj. Wcr. Body ,` c, //oX/c /n If A jhnm A#*nl Closest Maj. Win Body 3 hen //o 71fC /.v/c �- Phone # ( _) T, -4 Fax # ( Authorized Agent 5-A . GIN ,AW VPTA Affected AEC(S) - OEA =.HHF -1H PWS: PC: ORW. yes no PNA yes /no Type of Projecti Activity ES PTS UDA __WA Crit. Hab. yes / no Pier (dock) length Platform(s) Finger piers) Groin length number Bulkhead( Riprap'length avg distance offshore rn" distance offshon Basin• channel cubic yards Bast ramp __ _ Boathousd Boadift Beath Bulldozing Other Shoreline Length 1 SAY. rrot sure yes no .._. Sandbags'. not sure yes m Moratorium: nia yes no Photos: yes no Waiver Attached: yes . A building permit may be required by'. Notes/ Special Conditions r�l S[c_vr�/ �! Agent ar innt Printed Name—--- -- -- Signature i1 Please read compliancestatementon backofpermit'e Appliauon Feels) _._.- c3m& (Scale: ) I ECE VL� MAY 0 6 2021 i)CM-AARlb, CIT See note on back regarding River Basin rules. .vied Permit 011lcer sSlgmture '_---/— �`��� Issuing Date &O}ayonDm Loat Pfanning)urisdiMon 1lpverfBlNaM CAMA / DREDGE i FILL GENERAL PERMIT Previous permit# k New Modification Complete Reissue Partial Reissue Date previous permit issued As au[hor'ed by the State of North Carolina, Department of Environment and Natural Resources and the Coastal Resources Commission in an area of environmental concern pursuant to 15A NCAC t -, Rnles amched. Applicant Name ;] .:r f._t S_ - i_ L , ! Project Location: County ; i Address % I Z ((�C ^ �C( Street Address/ State Road/ Lot #(s) t �t _-. _ _-- City u Llr L) e ___.------State. �}G ZIP 11. Phone # ( 1 2, Fax # Authorized Agent Affected CW EW PTA 5 P75 AEC(s): OEA HHF IN UBA N/A PWS--- FC: ORW: yes / no PNA yes /rffo 01t. HA. yes / no Subdivisionl/jlsi.rfff City aI I o � eI I oft�ZIP — Phone # ( )—_--_-- RMar Sadn Adj. Wtr. Body `' /1A i( f,4k.Iyj_)�_m�n Closest Maj. Wtr. Body--`�j.Y Type of Project/ Activity - _ Ii nGr n-�c^nr nj(Z'{V so(Ir jtn-L Pier (dock)length Platforms) Finger pier(sl Groin length number Bulkhead/ Riprap length ji.� _ avg distance offshore max distance offshore Basin. channel cubic yards Boat ramp Boathouse/ Bwtlih Beach Bulldozing Other (Scale: ) rye /.; %e, f 4 fi/Ct14li Shorehne Length Ito SAV; not sure yes no Sandbags'. not sure yes no ^Y Moratorium: n/a yes no Photos: yes no Vvarrer Attached: yes no A building permit may be required by: 13r I.I n1 Notes/ Special Conditions r: (, ( r:, r-.Al- / 1 �/ Aaant Applicant PtinmE MPIIA read compl> stayement on back of Perm it AppYouOn Fees) Check # MAY ® 6 202t See note on back regarding River Basin rules. r10 L L�icr-�..;.,(- /` \ NI PerrnkOakx's5tgttattue _ �w" IswkKDua Expiration Date Local PlannhlgJwtrdiction Rover File Name contained with silt fencing Label the location of the low water line on the work plat Please include existing and proposed depths and proposed total cubic yards to be removed in the narrative. Include aerial photo from google earth to show existing shoaling conditions Brendan Brock Field Representative NC Division of Coastal Management Department of Environmental Quality 910 796-7270 office brendan brock ncdenrggv_ 127 Cardinal Drive Ext Wilmington, NC 28405 Ac. !''Nothing Compares From: Barrett McMullan < rrett mcmullanfLroperties.com> Sent: Thursday, March 4, 20213:15 PM To: Brock, Brendan O <brendan.brock(1a ncdenr ggv_> Subject: [External] 4425 Brantley Major CAUTION: External email. 00 not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Soam. Brendan - Before I submit this package would you mind giving it a look? I haven't signed it and haven't sent the neighbors their riparian notice yet. I need to know if I've missed anything or if I need additional drawings etc. Appreciate your help. Barrett McMullan RECEIVel) MAY 0 6 2021 0CM-MH0 CITY Barren McMuuan 910.279.61(Mc Barrrara;\IdIal6nPary�rrue>.curo 910,754.9133 f FW: [External] 4425 Brantley Major MacPherson, Tara <tara.macpherson@ncclenr.gov> Thu 3/11/2021 10:24 AM To: Brock Brendan O <brendan.brock®ncdenr.gov> FYI below Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Duality 910 796-7266 office 910 395-3964 fax tare.macoherson@ ncdenr.gQy 127 Cardinal Drive Ext Wilmington, NC 28405 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Annette, Justin R CIV USARMY CESAW (USA)[maihod ustin.R.Arnette@usace.army.mil] Sent: Thursday, March 11, 2021 10:16 AM To: MacPherson, Tara <tara.macpherson@ncdenr.gov> Subject: RE: [External] 4425 Brantley Major CAUTION: External email. Do not click links or open attachments unless you verity. Send all suspicious email as an attachment toJtenort Soam. Tara, I will start with the question, yes they can dredge through the setback to the channel, as long as they do not cause any shoaling in the channel. sometimes dredges can push material around and can push material ahead of them and if that happens to be the federal channel in front of the dredge it can cause us problems. Typically we just put in a condition that says they can't cause any shoaling in the channel due to the dredging activities. Just for your FYI, we have not dredged this channel in almost 3 years (April 2018). Not sure if they are saying this is from that project or some other project. either way we will be back there dredging the channel most likely next week. So it could be worse or better. and then in the fall/winter of 2021 we will be doing a "renourishment" project by taking material from the inlet and putting it on the beach to help with storm damage. Thanks. Justin Justin Arnette Team Lead Cartographer Landuse Coordinator Wilmington District U.S. Army Corps of Engineers 910-251-4196 justin.r arnetteCd usace.army mij ?ECEIVED MAY o 6 2021 t CO-OHD CITY CE VED MAR 11 2021 ij��jL,MINGQON NC From: MacPherson, Tara <tara. n"RbersonCelncdenrgov> Sent: Thursday, March 11, 2021 8:30 AM To: Arnette, Justin R CIV USARMY CESAW (USA) 4usbn.R.ArnettelaDusace.army.rT > Subject: [Non -DOD Source] FIN: [External] 4425 Brantley Major Hi Justin, Please see the image below and pages 18 and 19 of the pdf. The property owner is stating that the USACE dredging is shoaling in his docking facility and is proposing dredging through the USACE setback. Before we get too far along on this... does navigation allow private projects to tie in to the Channel or just the setback or neither?? Thanks! Tara Tara MacPherson Wilmington Region District Manager NC Division of Coastal Management Department of Environmental Quality 910 796-7266 office gECEIVED MAY 0 6 2021 DCM-MHD CITY 910 395-3964 fax tara.macpherson(a�ncdenr.gg_v 127 Cardinal Drive Ext MAR .� 1 '1021 Wilmington, NC 28405 Email correspondence to and from this address is subject to the �CMW�I.M1NC7� North Carolina Public Records Law and may be disclosed to third parties. From: Brock, Brendan O Sent: Wednesday, March 10, 20214:23 PM To: MacPherson, Tara <tara.macpherso ncdencgov> Subject: Fw: [External] 4425 Brantley Major Brendan Brock Field Representative NC Division of Coastal Management Department of Environmental Quality 910 796-7270 office brendan b[QQK) cdenrgov 127 Cardinal Drive Ext Wilmington, NC 28405 =-- 'Nothing Compares From: Barrett McMullan<barrettgDmcmullanpLQperties.com> Sent: Wednesday, March 10, 2021 11:05 AM To: Brock, Brendan O <brendan.brockro7ncdenrgov> Subject: RE: [External] 4425 Brantley Major CAU710N: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to ]3eport Spam. Brendan - See attached. I think I've addressed all issues set forth below. I am mailing out the riparian notice now. Once I have that complete I will send documentation to you. What else do I need to do? What Is the application fee and where to send? From: Brock, Brendan O <brendan.brockCa ncdenr.ggv_> Sent: Friday, March 5, 2021 2:02 PM ''4ECEIVED �1Veo To: Barrett McMullan <BarrettCu�mcmullanproperties.com> �EC Subject: Re: [External] 4425 Brantley Major Barrett, MAY 0 6 2021 MPR l 202� Please also include: 0CM-IMND CITY TON,NC �M W►LM►NG • A site map of the spoil disposal site with deed showing ownership • Water depths of connecting waters to show you are not creating a 'hole'. You may not be able to extend into the USACE 80' Federal Channel Setback. It will depend on when you reach water deeper than -3' NLW. • Please provide a scale bar for Sheet #2 and add a negative sign in front of the current and proposed final depths to show that it is below 0' (example -.5' NLW) • Will the spoils be offioaded and de -watered before they are placed in a dump truck and brought to 43 Causeway? If so, where will they be off loaded to dry out? It must be a minimum of 30' from normal high water and should be Contact Name' Barrett McMullan Contact Email Address* barrettQmcmullanproperties.com Project Owner' Barrett McMillan Project Name" 4425 Brantley sand dredge Project County Brunswick Owner Address:``- - - 4425 BRANTLEY CIR SW Shallotte NC �3470 United States Is this a transportation project?' C Yes r No Type(s) of approval sought from the DWR: r 401 Water Quality Certification- r 401 Water Quality Certification - Regular Express * Individual Permit r Modification r Shoreline Stabilization Does this project have an existing project ID#7 ` Yes r. No Do you know the name of the staff member you would like to request a meeting with? Brendan O'Brock or Megan Faulkner Please give a brief project description below." RECEIVED MAY 0 6 2021 DCIMl-MHD CITY The scope of this excavation project includes removing up to 972 cubic yards of sand and spoil from the vicinity of the dock located at 4425 Brantley Circle SW, Shallotte, NO 28470 out to the navigable waters of the Intercoastal Waterway. Excavation will be pinpoint through use of an excavating machine placed on top of a steel barge. Excavated material will be placed on the barge in a contained area. Once excavation is complete, the material will be hauled via barge to 43 Causeway drive, Ocean Isle Beach, NC where it will be transferred to a clearly marked silt fence containment area more than 30' landward of the mean high water line. The spoil will be dried in this location and then used as backfiil for a bulkhead on the same parcel. The purpose of the excavation is to allow the property owner to regain water access for use of boating where shoaling has occurred in recent years. The existing mean low water depth in this area is - 0.5' with a goal to make the mean low water depth -3.5'. The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of rry knowledge and belief. The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time Please give a couple of dates you are available for a meeting. 4/5/2021 4/s/2021 4/7/2021 Please attach the documentation you would like to have the meeting about. 4425 Brantley Circle Major Application.pdf 9.05MB By digitally signing below, I certify that 1 have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: • This form completes the requirement of the Pre -Filing Meeting Request in the Clean Water Act Section 401 Certification Rule. • I understand by signing this form that I cannot submit my application until 30 calendar days after this pre -filing meeting request. • I also understand that D WR is rot required to respond or grant the meeting request. Your project's thirty -day clock started upon receipt of this application. You will receive notification regarding meeting location and time if a meeting is necessary. You will receive notification when the fhirty-0ay, clock has expired, and you can submit an application. Signature * Submittal Date 3/30/2021 RECEIVED MAY 0 6 2021 DCM-MHD CITY "Ole, Mp��� ti�ti1 Nc oN OG,���.N`�NC'� ROY COOPER Gavemor DIONNE DEW-GATTI secrerarY BRAXTON DAVIS Director SENT VIA EMAIL Barrett McMullan 4425 Brantley Cirle SW Shallotte, NC 28470 NORTH CAROLINA EYrvbomnenrol Quality April 28, 2021 SENT VIA EMAIL RE: CAMA Major Development Permit Application 4425 Brantley Circle SW Dear Mr. McMullan: The Division of Coastal Management hereby acknowledges receipt of your application for the excavation of a boat basin and access channel at 4425 Brantley Circle SW in Shallotte, Brunswick County, NC. It was received complete on April 231d, 2021 and appears to be adequate for processing at this time. The projected deadline for making a decision is July Tit, 2021. An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a teal action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from April 23n% 2021 you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Esc;o;ad you will find a "Notice of Permit Filing' postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Y Brendan Brock Field Representative RECEIVED cc: Curt Weychert, MHC Town of Shallotte, LPO WIRO DCM USACOE Holley Snyder, DWR Barrett McMullan, Applicant MAY O 6 2021 0CM-M H r CITY �� � � GD � Quality I Division .Coastal Management North Carolina Department Washington Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 1252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolna 28405 1 910.796.7215 Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 285S7 1 252,8082808 Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City. North Carolina 27909 1 2SZ264.3901 N0T1(0w'$17,A LAMA PERMIT APPLIED FOR PROJECT: Applicant proposed to excavate an access inlet,Shallotte On 7 ® 0 mCOMMENTS ACCEPTED THROUGH May28, 2021F APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: Barrett McMullan 4425 Brantley Circle SW UTCoastal Management NC DIV. a o e, 121 Ca-rdinalr. Ext. I ming on, NC 28405 Agent: n!a 0 NORTH CAROLINA F rRin nrmdaG ! r lrr,,. May 4, 2021 starnewslegals@gaimett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Barrett McMullan • Gary & Patricia Vonatski Hello: Please publish the attached Notice in the Friday, May 7, 2021 issue. ROY COOPER (iurrnnrr DIONNE DELLI-GATTI ]'eaer"n BRAXTON DAVIS Ime<rrrr, 1bvurun n71 'ruuml.Al..... rnr The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. *****Please send both original affidavit and invoice far payment to: NC Division of Coastal Management, c/o Tanya Pietila, 127 Cardinal Drive Extension, Wilmington, NC 28405. Contact number: 910-796-7226. Paying by credit card, (Customer No. 489895). Please email a copy of the credit card receipt to me. Thank you for your assistance in th ort & Customer Assistance cc: MHC Files Curt Weychert — MHC USACE RECEIVED MAY 0 6 2021 State of North Cmolma I Environmental Quality I Cmvtal Managmnent DCAA-MHD 127 Cardinal Dive Eta, Wilmington, NC 28405 919 796 7215 CITY NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following applications were submitted for a development permits in Areas of Environmental Concern as designated under the CAMA: On April 28, 2021, Barrett McMullan proposed to excavate an access channel & boat basin beneath an existing docking facility at 4425 Brantley Cir. SW, adjacent to the Shallotte Inlet, in Shallone, Brunswick County; and on May 3, 2021, Gary & Patricia Vonatski proposed to install a finger pier & boatlift to increase slip size from two (2) to three (3) at 940 Copas Rd SW, adjacent to the Shallotte River in Shallotte, Brunswick County. Copies of these applications can be examined or copied at the office of Brendan Brock N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910) 796-7270 during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to May 28, 2021 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. 4ECEIVEQ MAY 0 6 2021 DCM-MHD CITY Name of Property Owner Requesting Permit. i Y1 Mailing Address: Phone Number: Email Address: --r I certify that I have authorized Agent: Contractor to act on my behalf. for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: at my property located at in � •,t R- County. I furthermore certify that I am authorized to grant, and do in fact grant permission to Division of Coastal Management staff. the Local Permit Officer and their agents to enter on the aforementioned lands in connection with evaluating information related to this permit application. Property owner Information: Signature Print or Type Name tie Date This certification is valid through '3 1 k I t g(p0 T%X\ �G RECEIVED MAY 0 6 2021 0CM-MHD CITY CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: n., LEA S �II v 1 k a r1 Address of Property. `"� N'Z 5 �' tin��tH Cir�1e �W lal[otte.A� ZylY7-o (Lot or Street #, Stree r Road, City & County) Agent's Name* N Mailing Address: Agent's phone #: I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are proposing. A description or drawino with dimensions must be provided with this letter. I have no objections to this proposal. I have objections to this proposal. if you have objections to what is being proposed, you must notify the Division of Coastal Management (DCM) in writing within 30 days of receipt of this notice. Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington, NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no ob'ection if ou have been notified b Certified Mail. WAIVER SECTION I understand that a pier, dock, mooring pilings, breakwater, boathouse, lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (if you wish to waive the setback, you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. I do not wish to waive the 15' setback requirement. (Property Owner Information) . ignurure �O (Ct- Print or Type Name LHZ5 5roo1\04-j (111 dt SW Mailing Address Sh�ll� � Nc 2S `17y City/StatelZip lllU9,3-I Co1DLI Telephone Number 3 /(-1 / z 1 Dare (Adjacent Proper Owne(Information) Signature Print or Type Name 7753 E (/Wh75te c 9", L I r- � Mailing Address SC(AiS�>a1Q-, 1� Z 8526C-►syz City/State2ip ECEIVED q O- zO . gfsly Telephone Number AY 6 21)21 - - g 1 ")CN-dtflHo CITY Dare Revised 6 017 \ L� �� �sj CERTIFIED MAIL • RETURN RECEIPT REQUESTED DIVISION OF COASTAL MANAGEMENT ADJACENT RIPARIAN PROPERTY OWNER NOTIFICATIONIWAIVER FORM Name of Property Owner: )Car r Lk-k- Inc 'M Address of Property. LJt{ 2-5 �jrc,n�l�� 'irc�e SI (Lot or Street #, Street or Road. City & County) Agent's Name #: N /,A Agent's phone #: Mailing Address: L ZSrN ��- I hereby certify that I own property adjacent to the above referenced property. The individual applying for this permit has described to me as shown on the attached drawing the development they are pr osing. A description or drawing,with dimensions must be provided with this letter 1 ha�'e no objections to this proposal. 1 have objections to this proposal. If you have objections to what is being proposed, you must notify the Division of coastal Management (DCM) in writing within 30 days of receipt of this notice- Correspondence should be mailed to 127 Cardinal Drive Ext., Wilmington. NC, 28405-3845. DCM representatives can also be contacted at (910) 796-7215. No response is considered the same as no objection if you have been notified by Certified Mail. WAIVER SECTION I understand that a pier, dock. mooring pilings. breakwater, boathouse. lift, or groin must be set back a minimum distance of 15' from my area of riparian access unless waived by me. (If you wish to waive the setback. you must initial the appropriate blank below.) I do wish to waive the 15' setback requirement. 1 do not wish to waive the 15' setback requirement. (1 Ad acen ope Owner Information) (Property Owner Information) ignature Signature tSo.rrM(t'V1�%ka, Print or Type Name `I`l-L5 Ir�nFliw Cir�(c SW Mailing Address S l V i, lot-\-/V t- Z e 4 70 City/state2ip at0 X7,1 (otoSf Telephone Number , �hLr Jprr Print or Type Name ?i `II -� `( a, c� � Mailing Address KwIres k.' Ile /.jC z sr t l 7 .._ City/stare/Zip ECEIVED '30q-g20 - 72.93. Telephone Number AY 0 6 2021 3-� S - L / iXM-tMh111 CITY Date _ Revised 6/2612017 t t `A �_ Major Permit Fee Schedule /j 1 I. Project Name �I�LS a"c,^ c C`rtCounty: �7 nS.(C0. Check No& Amount: Lp() J dt 'FV ZO'�-O Development Type Fee DCM IN, DWQ % (14300160143510009316266253) (2430016024351000952341) 1 Private. non-commercial development that does not involve the filling or excavation of any wetlands or $250 100% ($250 ) (50) open water areas: Il. Public or commercial development that does not involve the filling or excavation S400 100% ($400) 0% ($0) of any wetlands or open water areas: III For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas determine if A,B. C, or D below applies III(A). Private, non-commercial development, if General Water Quality $250 100% ($250) 0% ($0) Certification No. 4175 can be applied. III(B). Public or commercial development, if General Water Quality Certification $400 100% ($400) 011% ISM No. 4175 can be applied: III(C). If General Water Quality Certification No. 4175 could be applied. but DCM staff determined that additional review and written DWQ concurrence is $400 60% ($240) 40°/n ($16C) needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality $ Certification No. 4175 cannot be plied: 60% ($240) 40% ($160) IV. Development that involves the filling and/or excavation of more than one acre $4 75 60% ($285) 40% ($190) of wetlands and/or open water areas. �41HCEIVED MAY ® 6 2021 G" CM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Ho/der Number amount Number/Comments 4/29/2021 Barrett Gardner same CresCom 2070 $400.00 major fee, 4425 Brantley Circle BB rct. McMullan Bank SW, Shallotte BrCo SPLIT 60/40 13101 0 o M r' M � ro NG Division of Coastal Management Major Permit Application^, Computer Sheet Applicant- Agent/Contractor: Project Site County: - - r Staff: ^ District wumington Project Name: (t .i 7 C 11 l; 1 Rover File: n1a i o-Z'o2 1 uare application -received as complete" in the Field office: y _ 2,3 Permit Authorization: CAMA ❑ Dredge & Fill oth J SITE DESCRIPTION/PERMIT INFORMATION AEC: t 10lFC I VI1,e+j' Fee: $ # CDAITS _ MHC cc _ ORW: 0as 0 PNA: ❑Yes o Photos Taken: Yes NOD Setback Required (riparian): ❑Yes J4No Critical Habitat: ❑Yes No ot Sure % 15 foot waiver obtained: DYes No Hazard N tification Returned: ❑Yes RNo SAV: ❑Yes PNO ❑Not Sure Shell Bottom: ❑Yes No ❑ Not Temporary Impacts: es ❑No Sure Sandbags: ❑Yes No ElNot Sure Did the land use classification come Mitigation Required (optional): 14 from county LUP:Nfes ❑No ❑Yes XNo Moratorium Conditions: Environmental Assessment Done: Length off Shoreline: IgYes ❑No ❑NA ❑YesenNo DNA FT. Sh Area Designation: Project Description: (code) Development Area: (code) Ope r- Closed ,2•'s SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) ❑ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑Swamp Waters (SW) VJ High Quality Waters (HOW) ❑ Outstanding Resource Waters (ORW) WETLANDS IMPACTED ❑ (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) ❑ (SS) Glasswort (Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) ❑ (SA) Salt marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) LJ (DS) Salt or spike grass (Distichlis ❑ (SC) Bullrush or three square (Scirpus ❑ (TY) Cattail (fypha sp.) spicata) sp,) ❑ (JR) Black needlerush (Juncus roemerianus) LJ (SP) SalVmeadow grass (Spartina J patens) Il\/ APPLICATION FEE ❑ No fee required - $0.00 ❑ III(A) Private w/ D&F up to 1 acre; 3490 III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 e; 4144 can't be applied - $400 ❑ Minor Modfication to a LAMA Major ❑ Major Modification to a CAMA Major ❑ IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 -[all RECEIVED ❑ Major development extension request - Public or commercia1/no dredge $100 and/or fill - $400 ❑ I. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 DCM-MHD CITY i Applicant: C 41 Date: 21 Z^ 32 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One n ( NewWoJ rk Replace ' S r U G Mai 0 N T ✓ _ New Work 0 Replace Maint ❑ ❑ Y [IN New Work 0 Replace Maint ❑ ❑'Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N New Work 0 Replace Maint ❑ ❑ Y ❑ N Describe below the HABITAT disturbances for the application. All values should match the name, and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. FL TOTAL Feet FINAL Feet (Applied for. (Anticipated final (Applied for. (Anticipated final DISTURB TYPE Disturbance total disturbance. Disturbance disturbance. Habitat Name Choose One includes any Excludes any total includes Excludes any anticipated restoration any anticipated restoration and/or restoration or and/or temp restoration or temp impact temp impacts impact amount tamp impacts) amount Dredge Fill ❑ Both ❑ Other ❑ 72 �t 7'Z P Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ RECEIVE Dredge ❑ Fill ❑ Both ❑ Other ❑ MAY 0 6 2021 DCM-MHD CITY 919.733.2293 :: 1.888-dRCOAST :: www.nccoastalmanaaement.net revised: 0228/1 8 DCM Coordinator: Curt Weychert County: M/ Permit #: WIROyE-MAIL DISTRIBUTION SHEET Circle on6BioReip Permit for: 'f�AVVa�— t&o Oversize Plans sent: v vF hC- DCM Offices:� Morehead City: PT (if oversize) via Courier _ "cc Curt & Amanda on group email w/ bio.narr.app.drawings, deed, comment sheet `MHC documents (Curt & Amanda) Wilmington: Original hard -copy --------------------------------------------- ONLY USACE & DWR (wino). Recornmendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization USACE Wilmington: a eret Co): PN, CL, Reports, Split Sheet _ use both +ImingtonNCREG4usace.army.mil (NH/BR): PN, CL, Reports, Split Sheet _ reg Currey (NH/BR: PN, CL, Reports, Split Sheet_ Div of Water Resources: PN, CL, Reports, Split Sheet _ ey Snider - 401 (PN/ON): PN, CL, Reports, Split Sheet _ Div of Water Resources: Teri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet Marine Fisheries: -"'Kim Harding DCM PlannertWiRO: _ -'Mi Christenbury a — Cultural Resources: "Renee Gledhill -Earley Environmental. Review(a)ncdenr.00v Natural Heritage Prog. "11Butler_ DCA-Rural Eco. Dev: 1odney Mark Ziegler NC DOT: "'David Harris Wildlife Resources: /Maria Dunn w/Reports State Property Office: -11e�m Walton: DEED _ �Mik� Moser _ anda Hilliard, Real Property Agent (Bio Reports only) — Shellfish Sanitation: r my Humphrey (Bio) / aron Gupton, Admin. — DEMLR: Wistine Hall - Stormwater Section _ aw�n Sams - Land Quality Section _ Public Water Supply: Jt6Idi Cox City of Wilmington: I Whr TA u to 1✓ 1n Enforcement: del Rep:f / �1U 0�((/{14yy&— _Co. LPO G• 1 v` o V t A) 1 Agent: DISTRIBUTED: v 1 Updated 10101120 RECEIVED MAY 0 6 2021 DCM-MHD CITY CAMA/Shaun majors docs/e Agency List 0 May 4, 2021 MEMORANDUM. ROY COOPER Gavemnr DIONNE DELLI-GATTI Secrera V BRAXTON DAVIS Dincror, Uivislon ofCoasral Management FROM Curt Weychert, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) curt.wevchert(cDNCDEN R. aov SUBJECT CAMA/Dredge & Fill Applicant: Barrett McMullan Project Location: 4425 Brantley Circle SW, adjacent to the Shallotte Inlet, Shallotte, Brunswick County Proposed Project: Proposal to excavate an access channel and boat basin around/beneath and existing docking facility adjacent to Shallotte Inlet. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Curt Wevchert at the address above by May 28, 2021. If you have any questions regarding the proposed project, contact Brendan Brock at (910) 796-7270 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME SIGNATURE DATE Slate of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Et., Wilmington, NC 211405 9197%7215 RECEIVED MAY 0 6 2021 DCM-MHD CITY