33-19 Minor Mod 2021 McMullan Partners LLC

Permit Class
MODIFICATION/MINOR
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermft
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I13A-118
X Excavation and/or filling pursuant to NCGS 113-229
Permit Number
33-19
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 letter dated 7/19/21,
including the attached workplan drawing (1) dated "Revised 8/16/21".
This permit, issued on October 13, 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.
Marina Reconfiguration
1) Unless specifically altered herein, this Minor Modification authorizes the increase in slip count, the
reconfiguration of the finger piers and floating dock, increase in parking spaces and relocation of the
fixed walkway, 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) In accordance with commitments made by the permittee, any portion of the relocated walkway built
over wetlands shall not exceed six feet in width and shall be elevated a minimum of six feet above
the wetland substrate as measured from the bottom of the decking.
(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.
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee

McMullan Partners LLC.
ADDITIONAL CONDITIONS
Permit No. 33-19
Page 2 of 2
3) This modification authorizes an additional 5 formalized boat slips located at the re -configured floating
dock (Slips 1-10), for maximum of 34 formalized boat slips located as shown on the attached workplan
drawing dated "Revised 8/16/21". The docking of vessels at any location not shown on the permitted
drawings shall be considered a violation of this permit.
General
4) All debris associated with the removal or construction of the permitted marina shall be contained within
the authorized project area and removed to an appropriate upland location.
5) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
6) This Minor Modification shall be attached to the original Permit No. 33-19, which was transferred to the
permittee on 4/l/21, 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.
7) All conditions and stipulations of the active permit remain in force unless specifically altered herein.
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 assigned the project Action ID 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.

DCM Coordinator: -ea o Permit 4: �; 3 -/� A" `% 4
DCM Field Offices
Elizabeth City
Morehead City
US ACOE Offices:
Washington:
MAILING DISTRIBUTION SHEET
Washington
Wilmington 3y0_
bra Q
(with revised work plan drawings)
(OBJECTIONS )
Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans,
Tyrrell)
Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington)
Tom Steffans (NC DOT- Beaufort, Carteret, Craven, Pamlico)
Bill Biddlecome (NC DOT -Remainder ECity/Washington District)
Wilmington: Greg Curry (Brunswick, New Hanover)
Liz Hair (Carteret, Onslow, Pender)
Brad Shaver(NCDOT-Brunswick, New Hanover, Onslow, Pender)
Cultural Resources:
Public Water Supply:
Marine Fisheries:
NC DOT:
Shellfish Sanitation:
State Property:
DEMLR/DWR:
Renee Gledhill -Earley at [e-mail]
Heidi Cox (WIRO)
Kim Harding
David Harris
Shannon Jenkins / Sharon Gupton
Tim Walton / Mike Moser
Sheri Montalvo / Shelton Sullivan
Clif Whitfield (WARO)
Jimmy Harrison
Washington: Chris Pullinger-401
Tina Martin - 401
Roger Thorpe-Stormwater
Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck,
Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington)
Wilmington: Holley Snider — 491 (Carteret, Onslow, Pender, Brunswick, New Hanover)
Christine Hall - Stormwater
Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender)
Wildlife Resources: Maria Dunn (WARD) (NCDOT) Travis Wilson
Natural Heritage Program Rodney Butler
LPO: 4

McMullan Partners, LLC 7/19/2021
PO Box 6947
Ocean Isle Beach, NC 28469
Project Narrative (43 Causeway Drive, Ocean isle Beach, NC- Minor modification request)
The scope of this minor modification request to permit #33-19 includes the following:
Please find attached a color coded, complete work plat for the requested minor modifications. A section
of walkway approximately 300' x 6' located on the south end of the property would be relocated
waterward of the new bulkhead into the 404 coastal wetlands area. The walkway would be elevated
more than 6' above coastal wetlands. Relocating the walkway may result in an additional 1800 sq/ft of
potential shading impact on coastal wetlands. Additionally, please note on the attached work plat the
reconfiguration of the floating dock section of the project and reduction in finger pier length on section
with the re located walkway. As a result of the floating dock reconfiguration the total number of
floating slips will increase to 30 and all portions of the floating dock will be located over open water
away from marsh grass contact. Removal of two finger piers on the south end of the project (Pier 11
and Pier 12) combined with the floating dock reconfiguration will yield 34 total slips which is an increase
from the permitted 29 slips. Lastly please note the re -location of the walkway located just south of the
existing boat ramp, approximately 138' x 6' which was addressed in a letter of refinement issued on
7/16/21. Currently the project under permit 33-19 has completed dredging, and is in the early stages of
walkway placement. A new 6' x 300' bulkhead was completed after being permitted on 3/2/21 under GP
77599, located landward of all 404 and Coastal wetlands on the southernmost shoreline of the property.
The purpose of the re -configuration of docks and re -location of walkways is In response to existing
conditions as a result of ongoing construction. The re -design will allow for a more aesthetically pleasing,
efficient, and environmentally friendly end product.
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 that the certifying authority review and take action on this
certification request within the applicable reasonable period of time
RECEWED
AUG 2 3 2021
NIP SECTM PAHD
OCSYSp
J&1.460'
rNO

ROY COOPER
GoM.
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
MEMORANDUM
NORTH CAROLINA
Environmertral Quality
TO: Gregg Bodnar
DCM Major Permit Assistant Coordinator, Morehead City
FROM: Brendan Brock
DCM Field Specialist, Wilmington
THRU: Tara MacPherson
DCM District Manager, Wilmington
DATE: August 20, 2021'
RECEIVED
AUG 2 � _^?'
MP SECTION SIR 7
SUBJECT: Permit Modification Request to State Permit No. 33-19, McMullan Partners, LLC, 43
Causeway Drive, Ocean Isle Beach, in Brunswick County
Mr. Barrett McMullan, acting on behalf of McMullan Partners, LLC, is requesting a Minor Modification to State
Permit No. 33-19. This request was submitted in a letter dated July 19, 2021 with one (1) drawing, 1 of 1,
dated revised August 16, 2021. State Permit No. 33-19 was originally issued to McMullan Ventures, LLC on
June 6, 2019 for the construction of a 29-slip manna, associated parking area, and marina excavation along
the man-made commercial canal. A Mirror Modification was issued on July 15, 2020 to relocate the previously
permitted parking area closer to the bulkhead, citing existing BUA. GP #77599 was issued on March 2, 2021
to construct 300 linear feet of bulkhead to stabilize the property's southernmost shoreline. State Permit No.
33-19 was transferred to McMullan Partners, LLC on April 1, 2021. A Letter of Refinement was issued on
July 16, 2021 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. The Letter of Refinement also authorized
adding approximately (4) 6'x3' sections of fixed pier onto the landward end of Finger Piers #14 to span the
gap created by the walkway relaxation. Excavation authorized by State Permit No. 33-19 has been completed
and marina construction has begun on structures not affected by the proposed modifications. State Permit
No. 33-19 is due to expire on December 31, 2022.
The Minor Modification request consists of increasing the formal slip count from 29 to 34 while relocating
existing finger piers, redesigning the floating structure, adding an additional parking space, and relocating a
portion of fixed walkway. As proposed, the redesigned 8'x110' floating dock (located north of the existing
concrete boat ramp) would replace the staggered 8'x125' floating dock. The landward edge of the proposed
floating dock would be located in the same footprint as previously permitted. Three (3) additional 3'x22'
Floating finger piers would extend perpendicular to the main floater, increasing the total number of formal wet
slips from 5 to 10 at the marina. Pilings associated with all 5 floating finger piers would be relocated from
inside the finger piers to the waterward end of the finger piers, but remain landward of the existing pier head
line. Finger #5 would be widened from T to 4'. Redesigning the floating structures associated with the marina
would increase open water shading impacts from 1,132 sq. ft. to 1,232 sq. ft. in the Estuarine Waters and
North Carolina Department of Environmental Quality i OtAs on of Coastal Management
Wnminuton office 1127 Cardinal Drive Extension I Wilmington. North Carolina 28405
910.796,7215

Public Trust Area AECs. The entire floating structure would remain over open water and outside of the 15'
riparian setback. The project area is located in a commercial canal that is permanently closed to the
harvesting of shellfish.
The applicant has also requested to reconfigure the fixed finger piers and associated boatlifts, located to the
south of the existing concrete boat ramp. Finger Piers #2-12 would all be shifted to the north along with their
respective boatlifts, narrowing the distance between the structures. The waterward edge of all 12 fixed finger
piers would terminate at the established pier head line and remain outside of the 15' riparian setback. The
total number of dry slips (24) would remain as previously permitted.
According to the request, the applicant is also proposing to relocate a 6' x 300' section of elevated walkway
from the high ground to over 404 and Coastal Wetlands. The elevated walkway starts at Finger Pier #5 and
extends south to the property boundary. The walkway was originally permitted at the landward edge of all
404 and Coastal Wetlands. The applicant installed 300 linear feet of bulkhead along this alignment under GP
# 77599. The new alignment of the elevated walkway would be located partially below NHW and run along
the waterward edge of the bulkhead. As originally purposed, the walkway would remain 6' above grade
allowing for increased sunlight penetration, however, an additional 1800 sq. ft. of 404-type and Coastal
Wetland shading impacts may occur.
Additionally, the applicant has requested to increase the number of parking spaces from 16 to 17. According
to Ocean Isle Beach's municipal code 66-133, the town requires 1 parking space for every 2 dock slips. With
the proposed increase of formal slips from 29 to 34, the marina would be required to provide a minimum of
17 parking spaces. The additional parking space (#17) would be located inside the 30' buffer but remain over
existing BUA, similar to the previously permitted spaces.
The proposed modifications appear to be consistentwith NCAC 07H .0208(b)(5) and NCAC 07H .0209, which
include the use standards for marina facilities and coastal shorelines. This office has no objection to the
modification of State Permit No. 33-19, provided it is consistent with all other local, state, and federal
regulations. McMullan Partners, LLC has submitted a check (check No. 72544) in the fee amount of $100.
By copy of this memo, DCM is requesting that the USACE, NC DWR, and the Ocean Isle Beach LPO
provide any comments that your agency may have on the proposed project to Gregg Bodnar of DCM's
Morehead City office within 14 days of receipt of this memo.
Enclosures
cc: DCM-MHC Greg Currey, USACE 2016 `c> IIDSf L-44,.a{e GrPS7o
Holley Snider, NC DWR Keith Dycus, LPO AtL
ZOM — SST 5►e,((RSL\ --iL
AUG 2 3
UP SECTICN full -ID
North Carolina Department of Erlviromne W Quality I Division of Coastal Managemmt
Wilmington Offrce 1 127 Cardinal Drive Eztensim I Wilmington. North Carolina 28405
910.796.7215

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: - cn AY,ers , t.LC
Mailing Address:
Phone Number:
0U.1kV\ -t5��-SC.<2`Cti , Mc 2�y0 9
�(v 22q G iot-(
Email Address:
I certify that I have authorized
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: D-�-�
at my property located at L� 3 l Ll-lc wax j fir; CT-Ej , XL 28 k(& 9 ,
in urns.. ic% 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
o'rr4+�me-mu Y'L"'
Print or Type Name
Title
Date
This certification is valid through
RECEIVED
JUL 16 2021
DCM WILMINGTON, NC
ECEUV D
2 Z
AUG 2 3 2021
P�,, SECTION WID

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Adjacent Property Owner
S� /[cuSeware t'it e
Maiing Address
6ea� za(e 2;earG,Z Tic 2.9V&
City, State, Zip Code
Dear Adjacent Property:
U:S.
Postal'
Service'"
CERTIFIED
MAIL®
RECEIPT
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Mail
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This letter is to inform you that I, 01C.Muko kDN- t 14cs , "c— have applied for a CAMA Minor
Property Owner
Permit on my property at y 3 Cau5lLoe j Dr;ae_, Yi tNC' 9�4fd1 in COUNTY
r l..,s..,, a cic_. Property Address
County. As required by CAMA regulations, I have enclosed a copy of my permit application and project
drawing(s) as notification of my proposed project. No action is required from you or you may sign and return
the enclosed no objection form. If you have any questions or,comments about my proposed project, please
contact me at 61,10 Z. Z R G (D ( or by mail at the address listed below. If you wish to
Applicant's Telephone
Postmark
Here
file written comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit Program, you may submit
them to:
LPO NAME
LOCAL GOVERNMENT
LOCAL GOVERNMENT ADDRESS
CITY, STATE, ZIP CODE
Sincerely,
M"Nol/an �Qrfners,GLC -��,r� f�LcJ�l�l��u�
Property Owner
P,�, 30X Cni L17
Mailing Address
0&eah 15le. Gatti, Ne
AUG 2 3 2021
C'"AP SECTION X
RECEIVED
JUL 16 ? • '.
DCM WILMINGTON, NC

City, State, Zip Code
ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
FOR CAMA MINOR PERMITS
I hereby certify that I own property adjacent to Mc.r'lutta� 1 r},ne is / 's
(Name of Property Owner)
,J
property located at "13 %t,uSewa y -Pr, ✓@ , ll7'Pir &( 2 9 (& 9
Address, Lot, Block, Road, etc.)
on_CbNtWtr4ta( Card in 0(Ra� -tSk&--go4, •. N.C.
(Waterbody) (Town and/or County)
He has described to me as shown in the attached application and project drawing(s), the development
he is proposing at that location, and, I have no objections to his proposal.
(APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED)
Signature
Print or Type Name
Telephone Number
Date
RtT=--PE�V1)
AUG 2 3 2021
NIP SECTION F01-171)
RECEIVED
JUL 16 2P0 l
DCM WILMINGTON, NC

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Date
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Adjacent Property Owner
Mailin Address
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City, State, Zip Code
Dear Adjacent Property:
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This letter is to inform you that I, M cry1 u (I,ar'Pa,f-Feu's , UC have applied for a CAMA Minor
Property Owner
Permit on my property at 0 3 C01,04-w0.co 714yeV LUa, NC Z%tiG °I , in COUNTY
-6 r v ns W � (.1z- Property Address
County, As required by CAMA regulations, I have enclosed a copy of my permit application and project
drawing(s) as notification of my proposed project. No action is required from you or you may sign and return
the enclosed no objection form. If you have any questions or comments about my proposed project, please
contact me at Q I U 2,7 9 6 t 0 -(
Applicant's Telephone
or by mail at the address listed below. If you wish to
file written comments or objections with the LOCAL GOVERNMENT CAMA Minor Permit Program, you may submit
them to:
LPO NAME
LOCAL GOVERNMENT
LOCAL GOVERNMENT ADDRESS
CITY, STATE, ZIP CODE
Sincerely,
/f!?evNs�fiar. �ar'1'rter5, LLC � �jo,rrr.IJ-Mcptit�lia^
Property Owner
AP -?C) Box (oRY7
Mailing Address
City, State, Zip Code
RECEIVER
R%E-lVED JUL 16 2021
AUG 2 3 2021 DCM WILMINGTON, NC

ADJACENT RIPARIAN PROPERTY OWNER STATEMENT
FOR CAMA MINOR PERMITS
I hereby certify that I own property adjacent to _80- r_vKv t to., 'Ra Cfiierl, / 11— 's
(Name of Property Owner)
property located at 1/3 CRusewac�'J7 ., DZR ., NC 2Sq&I ,
Address, Lot, Block, Road, etc.)
on (VYK1 Aee1 d t&AAA in OuzL' .�S (e xeaek N.C.
(Waterbody)' (Town and/or County)
He has described to me as shown in the attached application and project drawing(s), the development
he is proposing at that location, and, I have no objections to his proposal.
(APPLICATION AND DRAWING OF PROPOSED DEVELOPMENT ATTACHED)
Signature
Print or Type Name
Telephone Number
Date RECEIVED
R Ef-IVE0
JUL 16 202!
AUG 2 3 2021 DCM WILMINGTON, NC

�p�X3001 (_,j cLiki-"-Aj ? rac@.exk- C'
W AAec- s:ae o�- Or oar 63ra4e-
R C! J ED RECEIVED
JUL 16 pn^'
AUG 23 2021 DCM WILMINGTO:e, IBC
MP S'CTION LR HD

Date
Date
Check From
Name of
Vendor
Check
Check
Permit
Rct. #
Received
Deposited
Permit Holder
Number
amount
Number/Comments
8/24/2021
McMullan
McMullan
First Bank
72544
$100.00
minor mod #33-19, 43 Causeway
BB rct.
Partners, LLC
Partners, LLC
Dr, OIB BrCo
15617

Bodnar, Gregg
From: Keith Dycus <[e-mail]>
Sent: Monday, September 20, 2021 3:30 PM
To: Bodnar, Gregg
Subject: [External] RE: McMullan Partners CAMA Minor Modification
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
G regg,
Thank you for checking with us, the Town does not have any comments regarding the request for a CAMA Minor
Modification to Major Permit No. 33-19.
Thanks,
Keith Dycus
Development Services Director
Town of Ocean Isle Beach
oceanisle
B E A C H
NOTICE: Pursuant to North Carolina General Statutes Chapter 132, Public Records, this electronic mail message and
any attachments hereto, as well as any electronic mail message(s) that may be sent in response to it may be considered
public record and as such are subject to request and review by third parties.
From: Bodnar, Gregg
Sent: Monday, September 20, 2021 11:40 AM
To: Keith Dvcus
Subject: McMullan Partners LAMA Minor Modification
Morning Keith,
I wanted to check in on any comments on this one.
Hope all is well,
Gregg

ROY COOPER
Governor
ELIZABETH S. BISER
Seoetary
S. DANIEL SMITH
Director
DATE:
FROM:
NORTH CAROLINA
Environmental Quality
September 24, 2021
Holley Snider ff S
NCDEQ-Division Water Resources
401 Buffer Permitting Branch
1'iaz V ��
SEF 3 � 2021
SUBJECT: DWR#20190055 rAA': %ECT10N [OHO
No Written Approval Required
PROJECT LOCATION: 43 Causeway Drive, Ocean Isle Beach, Brunswick County
McMullen Partners, LLC
PROPOSED PROJECT: Construction of a boardwalk over wetlands, and reconfiguration and expansion
of a marina to provide dockage for thirty-four (34) vessels.
The Division of Water Resources (DWR) has received a copy of your minor modification request to CAMA
Major development permit dated received by this office on July 10, 2021.
The waters of the Atlantic Intracoastal Waterway and the man-made canals are classified as SA;HQW
by the Division of Water Resources (DWR). In accordance with the attached General Certification #4175
(GC 4175), the impacts described in your application do not require written authorization to utilize GC
4175. However, you are required to follow the conditions listed below and in the attached certification.
1. The docking facility is permitted for 34 number of slips. Dockage of vessels other than the permitted
slips will require re-evaluation by DWR of the use of the dockage facility. Handrails or other devices,
including signage, should be used to discourage use of any dock space other than the 34 number of
designated slips. [15A NCAC 07H .02081
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), 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.
You should also obtain and comply with any other federal, state and local requirements including
(butnot limited to erosion and sedimentation control regulations and state stormwater requirements
before you proceed with your project). Also, the approval to proceed with your proposed impacts to
waters a depicted in your application shall expire upon expiration of the 404 or CAMA Permit.
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 26405
910196.7215
D_E QZ
..//

This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known
as OAH). A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the
OAH Clerk's Office at [phone] for information.
CCEIVED
SEP 3 0 2021
D W& Q North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2018-01108 County: Brunswick County U.S.G.S. Quad: Shallotte
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee:
Barrett McMullan
McMullan Partners, LLC
Address:
870 Old Canton Road
Marietta GA, 30068
Telephone Number:
Size (acres)
Nearest Waterway
Intracoastal Waterway
USGS HUC
03040208
Nearest Town Ocean Isle Beach
River Basin Lower Pee Dee
Coordinates Latitude: 33.8914212130211
Longitude:-78.437748795918
Location description: The site is located in wetlands adiacent to the AIWW at 43 Causeway Drive in Ocean Isle Beach,
Brunswick County, NC.
Description of project area and activity: The proposal is 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, bringing this walkway immediately
would add approximately 72 so. ft. of Coastal Wetland shading to the oroiect.
Applicable Law: ❑ Section 404 (Clean Water Act, 33 USC 1344)
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Regional General Permit Number: 197800056
Special Condition: In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant
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/nc-es/mammal/manatee_guidelines.pd
SEE ATTACHED RGP GENERAL AND SPECIAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict accordance with the attached
conditions and your submitted application and attached information and drawings dated July 16, 2021(received by DCM
date). Any violation of the attached conditions or deviation from your submitted plans may subject the permittee to a stop
work order, a restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide and/or regional general permit
authorization is modified, suspended or revoked. If, prior to the expiration date identified below, the nationwide and/or regional
general permit authorization is reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or regional general permit
authorization expires or is suspended, revoked, or is modified, such that the activity would no longer comply with the terms and
conditions of the nationwide permit, activities which have commenced (i.e., are under construction) or are under contract to
commence in reliance upon the nationwide and/or regional general permit, will remain authorized provided the activity is completed
within twelve months of the date of the nationwide and/or regional general permit's expiration, modification or revocation, unless
discretionary authority has been exercised on a case -by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401 Water Quality Certification. You
should contact the NC Division of Water Resources (telephone [phone]) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area Management Act (CAMA),
prior to beginning work you must contact the N.C. Division of Coastal Management in Wilmington, NC, at [phone].

This Department of the Army verification does not relieve the permittee of the responsibility to obtain any other required Federal,
State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps of Engineers regulatory
program, please contact Greeory Currey at [phone] or at Greeorv.E.Currey(i usace.armv.mil.
Digitally signed by Greg
Currey
Greg Currey_'Date: 2021.10.0617:1796
Corps Regulatory Official: 0/ -04'00' Date: October 6, 2021
Expiration Date of Verification: December 31, 2021
A. Determination of Jurisdiction:
1. ❑ There are waters, including wetlands, on the above described project area that may be subject to Section 404 of the Clean
Water -Act (CWA) (33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction. Please note, if work is authorized by either a general or nationwide permit, and you wish to request an appeal of an
approved JD, the appeal must be received by the Corps and the appeal process concluded prior to the commencement of any
work in waters of the United States and prior to any work that could alter the hydrology of waters of the United States.
2. ❑ There are Navigable Waters of the United States within the above described project area subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA) (33 USC §
1344). Unless there is a change in the law or our published regulations, this determination may be relied upon for a period not to
exceed five years from the date of this notification.
3. ❑ There are waters, including wetlands, within the above described project area that are subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations,
this determination may be relied upon for a period not to exceed five years from the date of this notification.
4. ® A jurisdiction determination was not completed with this request. Therefore, this is not an appealable action. However, you
may request an approved JD, which is an appealable action, by contacting the Corps for further instruction.
5. ❑ The aquatic resources within the above described project area have been identified under a previous action. Please reference
the approved jurisdictional determination issued . Action ID: SAW-
B. Basis For Jurisdictional Determination:
C. Remarks:
D. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the particular site
identified in this request. The delineation/determination may not be valid for the wetland conservation provisions of the Food Security
Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation in USDA programs, you should request
a certified wetland determination from the local office of the Natural Resources Conservation Service, prior to starting work.
E. Appeals Information for Approved Jurisdiction Determinations (as indicated in A2 and A3 above).
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division

Attn: Philip Shannin, Appeal Review Officer
60 Forsyth Street SW, Room 10M15
Atlanta, Georgia 30303-8801
Phone: [phone]
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
? Digitally signed by Greg Currey
Greg c u r reV/ Date: 2021.10.0617:18:38
J 04 00
i
Gregory Currey
Date of JD: Expiration Date of JD:
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
httn://cori)smai)u.usace.anny.mil/cm apex/f9p=136:4:0.
Copies famished by email:
Brendan Bock (NC DCM)
Gregg Bodnar (NC DCM)
Holley Snider (NC DWR)

4
Action ID Number: SAW-2018-01108 County: Brunswick County
Permittee: Barrett McMullan
McMullan Partners, LLC
Project Name: Ocean Isle Commercial Canal Tract 43 Causeway Drive McMullan Properties
Refinement
Date Verification Issued: October 6, 2021
Project Manager: Gregory Currey
Upon completion of the activity authorized by this permit and any mitigation required by the permit,
sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army Corps of
Engineers representative. Failure to comply with any terms or conditions of this authorization may
result in the Corps suspending, modifying or revoking the authorization and/or issuing a Class I
administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed in
accordance with the terms and condition of the said permit, and required mitigation was completed in
accordance with the permit conditions.
Signature of Permittee
Date

Regulatory Division
SAW-2021-02171
Mr. Jonathan Howell
Division of Coastal Management
North Carolina Department of Environment
and Natural Resources
400 Commerce Avenue.
Morehead City, North Carolina 28557-3421
Dear Mr. Howell:
Please reference the application of Mr. Brian Rowe and Sunset Bay, LLC for Department of
the Army authorization and a State Water Quality Certification to replace an existing pier
with a 310 linear foot pier with associated PWC lift, located in Kitty Hawk Bay, at 3132 Bay
Drive, Kill Devil Hills, Dare County, North Carolina.
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:
1. All work authorized by this permit must be performed in strict compliance with the
attached plans, 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. The permittee understands and agrees that, if future operations by the United States
require the removal, relocation, or other alteration, of the structure or work herein authorized, or
if, in the opinion of the Secretary of the Army or his authorized representative, said structure or
work shall cause unreasonable obstruction to the free navigation of the navigable waters, the
permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove,
relocate, or alter the structural work or obstructions caused thereby, without expense to the
United States. No claim shall be made against the United States on account of any such removal,
relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE
Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910-
3282 at least two weeks prior to beginning work and upon completion of work.
3. Except as specified in the plans attached to this permit, no excavation, fill or
mechanized land -clearing activities shall take place at any time in the construction or
maintenance of this project, in such a manner as to impair normal flows and circulation patterns

within waters or wetlands or to reduce the reach of waters or wetlands.
4. Except as authorized by this permit or any USACE approved modification to this
permit, no excavation, fill or mechanized land -clearing activities shall take place at any time in
the construction or maintenance of this project, within waters or wetlands. This permit does not
authorize temporary placement or double handling of excavated or fill material within waters or
wetlands outside the permitted area. This prohibition applies to all borrow and fill activities
connected with this project.
5. Unless otherwise authorized by this permit, all fill material placed in waters or wetlands
shall be generated from an upland source and will be clean and free of any pollutants except in
trace quantities. Metal products, organic materials (including debris from land clearing
activities), or unsightly debris will not be used.
6. The authorized structure and associated activity must not interfere with the public's
right to free navigation on all navigable waters of the United States. No attempt will be made by
the permittee to prevent the full and free use by the public of all navigable waters at or adjacent
to the authorized work for reason other than safety.
7. The permittee shall advise the Corps in writing at least two weeks prior to beginning the
work authorized by this permit and again upon completion of the work authorized by this
permit.
8. 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.
9. 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 (North
Carolina General Statutes Chapter 113A Article 4).
10. The activity will 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.

11. Violations of these conditions or violations of Section 404 of the Clean Water
Actor Section 1.0 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.
12. In order to protect the endangered West Indian manatee (Trichechus manatus) the
Permittee shall 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/nc-es/mammal/manatee_guidelines.pdf.
Questions or comments may be addressed to Mr. Josh Pelletier, Washington Field
Office, Regulatory Division, telephone [phone].
Sincerely,
9 a A&&i4.
Josh Pelletier
Regulatory Project Manager
Copies Furnished:
Mr. Rick Trone
North Carolina Division of Water
Quality 1650 Mail Service Center
Raleigh, North Carolina 27699-1650
Mr. Pete Benjamin
U.S. Fish and Wildlife
Service Fish and Wildlife
Enhancement Post Office
Box 33726
Raleigh, North Carolina 2763 6-3 726
Mrs. Twyla Cheatwood
National Marine Fisheries
Service Habitat
Conservation Service
101 Pivers Island Road

Beaufort, North Carolina
28516
Mr. Jeffrey Garnett
Wetlands and Marine Regulatory
Section Water Protection Division -
Region IV
U.S. Environmental Protection
Agency 61 Forsyth Street, SW
Atlanta, Georgia 30303
Ron Renaldi,
District Manager
Elizabeth City
Field Office
North Carolina Division of Coastal Management

Bodnar, Gregg
From: MacPherson, Tara
Sent: Monday, October 4, 2021 12:51 PM
To: Bodnar, Gregg; Currey, Gregory E CIV USARMY CESAD (USA)
Subject: RE: [External] McMullan Partners Letter of Refinement and Minor Mod
I can help..... The bags were all under separate General Permits issued in early 2020 between March and May. There
was a serious erosion event that compromised the road and they were able to protect the ROW under individual permits
since all of the parcel lines go across the access road to Jinks Creek. The area is actively eroding.
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. macoherson (a.ncden r. oov
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: Bodnar, Gregg
Sent: Monday, October 4, 2021 12:30 PM
To: Currey, Gregory E CIV USARMY CESAD (USA)<[e-mail]>
Cc: MacPherson, Tara <[e-mail]>
Subject: RE: [External] McMullan Partners Letter of Refinement and Minor Mod
I have not had a chance to review this one yet. I ccd tara in case.
Gregg
From: Currey, Gregory E CIV USARMY CESAD (USA) <[e-mail]>
Sent: Monday, October 4, 2021 10:39 AM
To: Bodnar, Gregg <[e-mail]>
Subject: RE: [External] McMullan Partners Letter of Refinement and Minor Mod
CAUTION: External email. Do not click links or open attachments unless you verity. Send all suspicious email as an attachment to
Report Spam.
Gregg, I had some questions on this. I will get with you later today or this week on this.

I was wondering if you could help me on something else. I guess Brendan is on leave this week. I am trying to find some
info on the sand bags placed at Palm Cove at Sunset Beach. Would you know the approximate dates these were placed?
Would Tara know?
Greg
Greg Currey
Project Manager
USACE, Wilmington
69 Darlington Ave.
Wilmington, NC 28403
PH 910-251-4707
From: Bodnar, Gregg <[e-mail]>
Sent: Monday, October 4, 2021 10:12 AM
To: Currey, Gregory E CIV USARMY CESAD (USA) <[e-mail]>
Subject: [Non-DoD Source] RE: [External] McMullan Partners Letter of Refinement and Minor Mod
Morning Greg,
Just checking in on this. Left a message last week. Let me know if you have any questions.
Gregg
From: Currey, Gregory E CIV USARMY CESAD (USA) <[e-mail]>
Sent: Friday, October 1, 20212:08 PM
To: Bodnar, Gregg <[e-mail]>
Subject: [External] McMullan Partners Letter of Refinement and Minor Mod
CAUTION: External email Do not click Imks or open attachments unless you verify. Send all sus11 picious email as an attachment to,
Report Spam:
Hey Gregg, if you have time this afternoon or on Monday, could you give me a call about these? I'm a little confused by
them.910-523-1151
Thanks,
Greg
Greg Currey
Project Manager
USACE, Wilmington
69 Darlington Ave.
Wilmington, NC 28403
PH 910-251-4707

Bodnar, Gregg
From: Humphrey, Jeremy
Sent: Thursday, October 7, 2021 11:50 AM
To: Bodnar, Gregg
Cc: Brannigan, Kelly E; Gupton, Sharon; Haines, Andrew; Jenkins, Shannon
Subject: McMullan Partners, LLC #33-19 - Modification request
Hey Gregg. Kelly reviewed the proposal this morning, and I just had a look as well. The proposed Permit Mod. From 29 —
34 slips will not cause any new or expanded shellfish closures. Please let us know if you need anything else.
Thank you,
Jeremy
Jeremy Humphrey
Environmental Health Program Specialist
Division of Marine Fisheries — Shellfish Sanitation and Recreational Water Quality
Department of Environmental Quality
910.796.7367 office
Jeremy. Humohrev anncdenr.gov
127 Cardinal Drive Ext.
Wilmington, NC 28405
!`-Nothing Compares.- -
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

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