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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 air<m 1000, ONAc MULLAN F[iOPElUIr5 u�t�ctnxuurl?.mpnri+crlu'ta nn Barrett McMullan 9111??9,6104 c R.ir. n(ir\Ir\Iu1lmPrn4u:�rrlr..,�o,r. 9111.'id 4l i t f �p I v.,,a m ,A`•, .5tv. nv � PYIIIF(ril O\ILN41At RAN I_ I �_W<( CV '.oy 1--flnw W Casa - --- lYI� i:l�'' 777 � l IN Z i 1 a � 1 '. A � � m + xxIVIL4A Illlil'VR I . j .,.nn,�. � IR.RIIa�AI U � 4l; tilll,\It114 IF � , • yu _.1 T -- .. _._ _,_� _ .......� .. .- , u,M7�-SSY,�r9e b Fl IC.1 MYFiY 11 )ARM1WAI Y.J 1? v 1•d�;Ti V r Oi 3 w 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 $100 in the mail today to NCDEQ. This is for the transfer request of permit 33-19 at 43 Causeway Drive, OIB from McMullan Ventures to McMullan Partners. Please keep an eye out for it and let me know when this can be processed. Thank you. Barrett McMullan OIF< w4wft^.'.rtoln At 14000MCMULLAN PROPERTIES ❑��u:mcynullanpn� ics.cnrn BarrettMcMulinn 91it.ZT.9.61LN c [SarrcultclfutlanPr ixreli,�ee,ht 910.754.9133 t RECEIVED F8 l V 2021 NAP SECTION DGM-NMHD CITY https.11outlook.offim365.mmlmaivsearchridlAAQkADVjMzg3NTMyLTIIMTMtNGM5YylhNzQ4LTh!OWM2NWZhNjc5YwAQABRyPxW HCUKTMuLf'A2FI... 212 is$- 8S: r ecn'x „' 4tE�ieJr do^S Ydi J1 t1:8 ,J:Un„ii:'Ck(:cu^.':/ 'i0''.!;f,'iJr £illy ^ ? •aa S ri cn: r'ami f umbsrL faA 03 3� a "ot =d by the Brunswick ✓'tarry D3511 vyse-ma ,s mtae. Tfus is not a ccli.2,Ofcji that ula Percel number rna'ches the dzad desc-ipt.an. {Ixg4p Date t,Asstj T= Col. / DOI. Ta;c Spsc. IIIIIIIIIII III�IIIIIlIIIIIIIIIIIIIII� 64296 Pas l mmonS PROP ge I of 2 Retumto. .a^YOe._ Al �Refund�;,_.._... ,nPortions of document are illegible due to condition of original. 0 Document ccntMns seals verified by onginai rz-;n::r -nt irnt r�, ji vr'1P ry, rnduced or conies' 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.