HomeMy WebLinkAbout33-19 TX McMullan Partners LLCROY COOPER
Govenor
ELITABM S. BISER
secretory
BRAXTON DAVIS
Dbraar
McMullan Partners, LLC
C/O Barrett McMullan
870 OLD CANTON RD
MARIETfA, GA 30068
Dear Mr. McMullan:
NORTH CAROLINA
Environmental Quality
July 16, 2021
PZE.CEIVED
JUL 2 0 2021
NuIP SECTION N3 OI
This is with reference to the request received by Brendan Brock, Field Representative, to refine State Permit No. 33-
19, which was issued to McMullan Ventures, LLC on May 6, 2019 for the construction of a marina and new dredging
in a man-made canal, In Ocean Isle Beach, Brunswick County. State Permit No. 33-19 was transferred to McMullan
Partners, LLC on April,1, 2021. State Permit No. 33-19 will expire on December 31, 2022.
Your proposal indicates that you wish to relocate a 6' x 135' section of elevated walkway, located south of the
existing boat ramp, approximately 6' landward of the previously permitted location. Relocating this portion of the
walkway immediately adjacent to the existing bulkhead would bring this section of walkway entirely above Mean High
Water. Shading impacts attributed to the 6' x 135' portion of the walkway would remain unchanged since Coastal
Wetlands extend to the edge of the bulkhead. Additional shading impacts may be attributed to lengthening Finger
Piers 14 to connect to the relocated walkway. Adding approximately (4) 6'x3' sections onto the landward end of
Finger Piers 14 would add approximately 72 sq. ft. of Coastal Wetland shading to the project. These proposed
changes are described in your request for refinement, and drawing, °Waterward Site Plan 11-29-2018", dated as
received by DCM on July 16, 2021.
Upon reviewing the information provided, in consultation with Major Permits Staff, the Division of Coastal
Management has determined that the proposed action is consistent with existing State rules and regulations and is in
keeping with the original purpose and intent of the permit. This Letter of Refinement authorizes the modification of
State Permit No. 33-19 for the proposed changes as described in your materials dated received July 16, 2021.
Please note this refinement does not alleviate the need to obtain any other local, state or federal permits.
If you have any questions concerning the above or If I can be of any other assistance, please advise.
Sincerely,
Tara MacPherson
Wilmington District Manager
cc: MHC Files DCM
USACE DWR Town of Ocean Isle Beach, LPO
North Carolina Departrnent ofEnvironmemal Quality I DNision of Coastal Management
W3mingtDn0fma 1127Can0mIDr1ve Extension I WmWngtor,North Caronna28405
910.7%.7215
Permit Class
TRANSFER
Permit Number
33-19
7- 1
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 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to McMullan Partners LLC 870 Old Canton Road, Marietta, GA 30068
Authorizing development in Brunswick County at 43 Causeway Drive, in Ocean Isle Beach
, as requested in the permittee's application letter dated 2/8/21.
This permit, issued on April 1.2021 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
1) This transfer must be attached to copies of the following permit documents, which includes all
application forms and workplan drawings:
a. The New Permit 33-19 issued on 6/6/19;
b. The Minor Modification issued on 7/15/20.
2) Copies of all referenced documents shall be readily available on site when a Division representative
conditions and stipulations of the active permit remain in force.
(See attached sheet for Additional Conditions)
This permit action may be appealed by the permittee 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, 2022
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
�1-41c_�
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
McMullan Partners, LLC Permit No. 33-19
Page 2 of 2
ADDITIONAL CONDITIONS
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No.
2019-0055.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No. 2018-
01108.
NOTE: A transfer application processing fee of $100 was received by DCM for this project.
ROY COOPER
Covemar
EUZABM S. RISER
seae=7
BRAXTON DAVIS
Mvcfor
McMullan Partners, LLC
C/O Barrett McMullan
870 OLD CANTON RD
MARIETTA, GA 30068
Dear Mr. McMullan:
NORTH CAROLINA
EnvrronmentarQuaitty
July 16, 2021
This is with reference to the request received by Brendan Brock, Field Representative, to refine State Permit No. 33-
19, which was issued to McMullan Ventures, LLC on May 6, 2019 for the construction of a marina and new dredging
in a man-made canal, in Ocean Isle Beach, Brunswick County. State Permit No. 33-19 was transferred to McMullan
Partners, LLC on April,1, 2021. State Permit No. 33-19 will expire on December 31, 2022.
Your proposal indicates that you wish to relocate a 6' x 135' section of elevated walkway, located south of the
existing boat ramp, approximately 6' landward of the previously permitted location. Relocating this portion of the
walkway immediately adjacent to the existing bulkhead would bring this section of walkway entirely above Mean High
Water. Shading impacts attributed to the 6' x 135' portion of the walkway would remain unchanged since Coastal
Wetlands extend to the edge of the bulkhead. Additional shading impacts may be attributed to lengthening Finger
Piers 14 to connect to the relocated walkway. Adding approximately (4) 6'x3' sections onto the landward end of
Finger Piers 14 would add approximately 72 sq. ft. of Coastal Wetland shading to the project. These proposed
changes are described in your request for refinement, and drawing, "Waterward Site Plan 11-29-2018", dated as
received by DCM on July 16, 2021.
Upon reviewing the information provided, in consultation with Major Permits Staff, the Division of Coastal
Management has determined that the proposed action is consistent with existing State rules and regulations and is in
keeping with the original purpose and intent of the permit. This Letter of Refinement authorizes the modification of
State Permit No. 33-19 for the proposed changes as described in your materials dated received July 16, 2021.
Please note this refinement does not alleviate the need to obtain any other local, state or federal permits.
If you have any questions concerning the above or if I can be of any other assistance, please advise.
Sincerely,
ir�
� it7;
Tara MacPherson
Wilmington District Manager
cc: MHC Files DCM
USACE DWR Town of Ocean Isle Beach, LPO
RECEPR ED
JUL 2 0 2021
6TP SECTION WiD
D_EQ�
North Carolina Department of Environmental Quality I Dbiston of Coastal Management
Wilmington Ornce 1127 Cardinal Drive Extension I WMnington. North Carolina 28405
910.796.7215
[External] Refinement letter request
Barrett McMullan <Barrett@mcmuIlan properties.com>
Fri 7/16/2021 11:44 AM
To: Brock, Brendan O <brendan.brock@ncdenr.gov>
CAUTION: External email. Do not click links or open attachments unless youverify. Send all suspicious email as an attachment to 13? rt pam.
Brendan -
Please accept this email letter along with the adjusted plan provided as a formal request for a letter of refinement to permit #33-19 for the
property located at 43 Causeway Drive, Ocean Isle Beach, NC 28469. The desire of the property owner is relocate 6' x 135' section of walkway
located south of the existing boat ramp approximately 6' landward adjacent to the existing bulkhead. Additionally piers 1-4 will be lengthened on
the land side to accommodate the re positioning of the walkway.
Sincerely,
Barrett McMullan
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Permit Class
NEW
Permit Number
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vor4-irmt
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to McMullan Ventures, LLC, c/o Rube McMullan, 870 Old Canton Road, Marietta, GA 30068
Authorizing development in Brunswick County at 43 Causeway Drive, Ocean Isle Beach
as requested in the permittee's application dated revised 12/13/18 including attached
workplan drawings (4)1 of 4 dated 07/23/18, 2 of 4 dated 05/24/18, and 3-4 of 4 dated revised 12/17/18.
This permit, issued on June 6, 2019 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
me subject to tines, mmpnsonment or etvu acnon; or may cause the permit to oe nun ana vora.
Excavation
1) Excavation shall not exceed -5 feet below the normal low water level. In no case shall the depth of
excavation exceed the depth of connecting waters.
2) No excavation or filling of Coastal Wetlands is authorized by this permit
3) Excavation shall not occur within ten (10) feet of any Coastal Wetlands.
4) To reduce direct impacts to oyster resources, the permittee shall, in consultation with DCM, relocate
all oysters falling within the dredge footprint or piling locations to an area immediately adjacent to
the project area.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee 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 roust cease when the permit expires on
December 31, 2022
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of 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
Signature of Permittee
ROY COOPER NORTH CAROLINA
Covenar EnvrronmenforQuaQly
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Daector
TO: Curtis Weychert
Assistant Major Permits Coordinator
FROM. Brendan Brock
Field Specialist, Wilmington
Ifto
THRU: Tara MacPherson
District Manager, Wilmington
DATE: February 17, 2021
SUBJECT: Request for Transfer of State Permit No. 33-19
McMulan Ventures, LLC
Brunswick County
Mr. BarrettMCMullan is requesting transfer of State Permit No. 33-19, which was originally issued
to McMullan Ventures, LLC on June6, 2019 to dredge a portion of Canal #22 within the applicants
riparian corridor and construct 29-slip marina with an associated boardwalk/pier, driveway, and
parking area. State Permit No. 33-19 was modified on July 15, 2021 to reconfigure and relocate
the previously permitted parking area. This permit expires on December31, 2022. According to
the deed (Certificateof Conversion), on December3l, 2019, the transfer from McMullan Ventures,
LLC to McMullan Partners, LLC was complete.
On February 8, 2021, Mr. Barrett McMullan submitted a transfer request. We also received a
transfer fee (check no. 72343 dated: February 3, 2021) to our Wilmington Regional Office.
This office has no objections to the transfer of State Permit No. 33-19. A copy of the deed
(Certificate of Conversion) is included with this request
Enclosures
cc: WiRO File
Greg Curry, USAGE
Robb Mairs, DWR
Keith Dycus, LPO
NarthCarohm Department of Emhonme,nal Quality I Dh%lon ofCoasml Management
Wilmington Office 1127CaT4mIDrive Extmsion I Wilmin9ton.NorthCarol1na28405
910.7%.7215
RECEIVED
FEB 19 2021
MP SECTION
DCM - MHD CITY
?1152021 Mail - Brock, Brendan 0 - Outlook
RE: [External] 33-19 permit transfer
Barrett McMullan <barrett@mcmullanproperties.com>
Wed 2/10/2021 2:11 PM
To: Brock, Brendan O <brendan.brock@ncdenngov>
Cc Rube McMullan <rubemc@attnet>
m 1 attachments (1 MB)
Ventures to Partners Deed.pdf;
CAUTION: External email. Do not click links or open attachments unless you verity. Send all suspicious email as an attachment
to BefLPam.
Brendan -
Please accept this email as a statement that there will be no change or modification of the permitted project as it
was proposed in the original application. Any future modifications to the project would be done with the
approval of CAMA via permit modification applications.
Find attach a copy of the deed transferring ownership from McMullan Ventures to McMullan Partners. Let me
know if you need anything else.
From: Brock, Brendan O <brendan.brock@ncdencgov>
Sent: Monday, February 8, 20212:00 PM
To: Barrett McMullan <barrett@mcmullanproperties.com>
Subject: Re: [External] 33-19 permit transfer
I received the $100 check for the Permit 33-19 permit transfer. Please also provide a copy of the deed to
show that the new party has the sole legal right to develop the project and also a statement that there
will be no change or modification of the permitted project as it was proposed in the original application.
Brendan Brock
Field Representative
NC Division of Coastal Management
Department of Environmental Quality
910 796-7270 office
brendan.brock@ncdenr.gov
127 Cardinal Drive Fxd
Wilmington, NC 28405
>'Nothing Compares, -
RECEIVED
FEB ] 9 2021
MP SECT1pN
DOM - MHD C(iy
https9/ouUookotfice365.com/mail/seared/AAQkADVjMzg3NTMyLTIIMTMtNGM5Yyl hNzQ4LThiOW M2N WZhNjc5YwAQABRyPxW HcUKTmuLf%2FI... 12
vls/2o21
Mail - Brock. Brendan O - Outlook
From: Barrett McMullan <barre lncmullanpLoperties.com>
Sent: Thursday, February 4, 20217:12 PM
To: Brock, Brendan O <brendan.brcckna ncdenrgov>
Subject: [External] 33-19 permit transfer
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an
attachment to Report Spam.
Brendan -
I put the email I sent yesterday along with a permit fee check of $100 in the mail today to NCDEQ. This is for the
transfer request of permit 33-19 at 43 Causeway Drive, OIB from McMullan Ventures to McMullan Partners.
Please keep an eye out for it and let me know when this can be processed. Thank you.
Barrett McMullan
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This instrument prepared by BaxleySmithwick PLLC, licensed North Carolina attorneys,
without opinion on title.
NORTH CAROLINA MON-WARRANTY DEED
Tax Parcel # 243MA03503 &
243MA03511
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
THIS DEED, made this the 3 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 28469, 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 30068, 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®
A
of land situated in the Town of Ocean Isle Beach, Shallotte Township, Brunswick County, >LU�o
r V
North Carolina, and being more particularly described as follows:
TRACT 1: W
BEING all of that certain parcel of land at Ocean Isle Beach, North Carolina, as
MI
a M
20
shown on a survey recorded in Map Cabinet 24 at Page 342 of the Brunswick
o
County'Registry, being that certain tract or parcel of land containing 29,791.81
square feet, more or less, and designated as Parcel "A" in a survey plat dated March
29, 2001, revised July 12, 2001, entitled "Map of Survey for Ladane Williamson and z
DeCarol Williamson of Parcel A, 29971.81 sq. ft.", prepared by Jan K. Dale, PLS,f(4 z
copy of which is duly recorded in Map Cabinet 24 at Page 342 In the office of thetdl p
Register of Deeds for Brunswick County, North Carolina, to which plat reference
hereby made and which is incorporated herein for greater certainty of deseri
F
said property, LESS AND EXCEPTING THE FOLLOWING TRACT HERETOFO
'
CONVEYED: Being all of that certain tract or parcel identified as Parcel "!�r '
ro
containing 10,980.53 square feet, as more fully described in a survey plat dated 8.
LL
Illfl1111111111111III IIIIIIIillllllll a4as6 a�ssa�12-31-2019
°o� 45 PROP
BrVMWiek Caunty, NC Regast, of Deeds page 2 Tf 2
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, according 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 years' ad 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. RECEIVED
MCMULLAN VENTURES, LLC FEB1 92021
pC P SECTION
B : _ }I M MHD C1Ty
Y Barrett McMullan, Member/Manager ACM UVILII� iVe p �
DEB � �' NC
STATE OF NORTH CAROLINA ®, ?021
COUNTY OF BRUNSWICK
I certify that the following person personally appeared before me this day and
acknowledgedjo me,that he voluntarily signed the foregoing document for the purpose
stated thereil&1ft. capacity indicated: Barrett McMullan, as Member/Manager of
MCMULLI UENTU LLC, a North Carolina Limited Liability Company ("the
Companytcanrikjct of the Company.ta,N,,,,,
Date:
�y. frflt tC.,-z_ `CRY •ci.
JNt�aA--ub—lics Sign ture = •_ �s0
Notary's Printed Name: d .�+^���•••�G,,.�'
My Commission Expires:
c From
Name of
Vendor
Check
Check
Permit
Rct. #
Permit Holder
Number
amount
Number/Comments
n
McMullan
First Bank
72343
$100.00
Major Transfer Fee 433-19, 43
BB rct.
LLC
Ventures, LLC
Causeway Dr, Ocean Isle
12963
Beach,BrCo
RECEIVED
FEB 1 91011
MP SECTION
DCM - MHD CITY
0
Permit Class
MODIFICATION/MINOR
Permit Number
33-19
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
,pertrYit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
X Excavation and/or filling pursuant to NCGS 113-229
Issued to McMullan Ventures LLC c/o Rube McMullan 870 Old Canton Road, Marietta, GA 30068
Authorizing development in Brunswick County at 43 Causeway Drive, Ocean Isle Beach
, as requested in the permittee's letter dated 5/5/20,
including the attached workplan drawing (1) dated 4/30/20.
This permit, issued on July 15, 2020 is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
)e sanleci to Iines, imprisonment or c)vu aGnUn; Vr may Gauss ULU P01111IL Ul uc uuu auu I..u.
1) Unless specifically altered herein, this Minor Modification authorizes the reconfiguration of the
previously permitted parking area, all as expressly and specifically set forth in the attached letter and
workplan drawings. Any additional development activities may require a modification of this permit.
2) This Minor Modification shall be attached to the original Permit No. 33-19, which was issued on
6/6/19, as well as all subsequent modifications, refinements, and renewals, and copies of all
documents must be readily available on site when Division personnel inspect the project for
compliance.
(See attached sheet for additional conditions)
This permit action may be appealed by the permittee 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, 2022
In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DEQ and the Chair
of the Coastal Resources Commission.
Z_///6"�
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
McMullan Ventures, LLC Permit No. 33-19
Page 2 of 2
ADDITIONAL CONDITIONS
General
2) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
3) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
NOTE: The U.S. Army Corps of Engineers assigned the proposed project COE Action Id. No. SAW-
2018-01108.
NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2019-0055.
NOTE: A minor modification application processing fee of $100 was received by DCM for this project.