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HomeMy WebLinkAbout33-19 Minor Mod 2020 McMullan Ventures LLCPermit Class MODIFICATION/MINOR Permit Number 33-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit S 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 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 De suDjecr to tines, imprisonment or civil action; or may cause me permit to De null ana voia. 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. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. 1_ Signature of Permittee I Permit Class MODIFICATION/MINOR Permit Number 33-19 STATE OF NORTH-CAROLINA Department of Environmental Quality and Coastal Resources Commission V ermit 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 subject to tines, imprisonment or civil action; or may cause me permit to be min ana vota. 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_///Zpw� For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Petmittee r McMullan Ventures, LLC ADDITIONAL CONDITIONS General Permit No. 33-19 Page 2 of 2 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. 4LMG LAND MANAGEMENT GROUP a DAVEY. company May 5, 2020 TO: Mr. Brendan Brock North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Minor Modification Request to CAMA Permit #33-19 45 Causeway Drive; Ocean Isle Beach, NC McMullan Partners, LLC Dear Brendan: On behalf of McMullan Partners LLC, we are requesting a Minor Modification to CAMA Permit #33-19 for development on their property located at 43 Causeway Drive, Ocean Isle Beach, North Carolina. The modification request includes a reconfiguration of the previously permitted parking as shown on the modification drawing. The applicant proposes pushing the parking up to the bulkhead (within the 30' CAMA buffer), which will provide easier access to the boardwalk and docking. This also addresses the Town of OIB's concern for providing handicap access to the boardwalk/docking facilities. All development within the 30' buffer is over existing impervious surface and the applicant has already obtained stormwater approval of this change (SW8 191130). No changes to the configuration of the previously authorized dredging or slips are proposed. The adjacent riparian landowners have been notified by certified mail and the return receipts will be submitted once received. Enclosed is the $100 application fee check and supporting materials. Let me know if you have any questions or need anything further to process this minor modification request. Sincerely, — Z�—�Jju- Kim Williams Environmental Scientist Encl. p%ECENED Cc: Mr. Rube McMullan, McMullan Partners, LLC �aY o � Zoio �C�,1 NJILMINGTO�`I, NG RECEIVED www.lmgroup.net • info@lmgroup.net • Phone:910.452.0001 • Fax:910.452.0060 MAY 8 202D 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DCM-MHD CIT) u-0 o..o ° •ra 6 —� . a � im xxNnm.e J. q 1our wrAn ene IB• . t B I , bSn RMn u[6Pb . VdaAM.,eromI bb 6 Pqe, r�nr Iserw ee.rnre „ m, Aa,o .e.1 re�—oT.— y \ e,uw.Ex. m.a..m..,,rea..bn,.I N.nacem _ --____ 1 NC _--_ ----------------------------------------------- i .,..... .....,,�...,.. ..:.:_ RFCFIVFD MAY 0 7 711j[i U. Deno wannNcroN, r1c Lt\GMAVofe CALA flLES\01-IB-153 - - - Oveu 41e Cwnmeglal Cantl, Rube NrLWan\CANA\RMO NAm Ne]inmlkn-parelnq\9eluend\30-0.0]-PBJ1vbo'-To-L4C nv.E.q SiPdeelynenJsumeyinkm tionp=v e4by T }� /�/"� LMG Proem OIB HarCorl note C4/30/2020 - a aon Date: NA Essl Coast Erglerin96 Sumyllq P.C. Prtllmine,, Net Nor ConsWNon 0 30 60 120 43 CCu4away tlrlve 4916 Mein Street: PO Box MID For EmNenmealel Pmmlging Only ® V D NANAabHexT a9WP ��e, 1,=60, Jab u ar LMGi S.155 Sbellglb,NC 2&59 ppaT4i d„Y, Title. �1 JW B10.i5481M9 36WJmppIL1NaMC reMp aEa@t5 Site Plan Oram BY SbeeL Number. bof 2 Permit Class NEW Permit Number 33-19 STATE; OF N Department of ORTH CAROLINA EriVironmental Quality `aria otirces Commission 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 perrnittae's.application dated revised 12/13/18 including attached workplan'drawings (4) 1 of 4 dated 07/23/18 2 of 4 dated 05/A 8, a'nd 3A of4,dated revised. 12/19/18 Thts.permit, issued on June 6' 2019 is sub)edf to compliance with the application (where consistent with`tlie permit), all applicable regulations, special conditions iQ notes set forth below. Any violation of these terms may be -subject to fines, imprisonment or civil action; or may caiAtiA e.pertnit to. be null and void. 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.conitecting wates.' 2) No.excayation 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 tlie: 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 Signed by the authority of the Secretary of DEQ and the Ch qualified persons within twenty (20) days of the issuing date. of the Coastal Resources Commission. 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. RECEIVED Signak))Woe*r80 e 0CM-MHO ClTY McMullan Ventures, LLC Permit No. 33-19 -- Page 2 of 4 ADDITIONAL CONDITIONS 5) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 6) In order to further protect the endangered West Indian Manatee, Trichechus manalus, 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 litttr//www.fivs.eov/no-eshuammalhuanatee euidelines.pdf. Spoil Disposal 1.7) No excavated materials shall be deposited, even temporarily within 30' of the normal high water line. 8) All excavated materials shall be confined above normal high water level 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. 9) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any excavation activities: Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance 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 spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil 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. Marina Facility 11) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this marina facility without permit modification.. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 12) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the marina facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 13) Any portion of the permitted access pier and marina facilities built over Coastal We land��Hall-iiot exceed six (6) feet in width and shall be elevated a minimum of three (3) feet over the Wetland substrate as measured from the bottom of the decking. 2qPIVED ,dat W ........................ - - _ +,Inv aI0-M1)ni, DCilklmll HD CITY McMullan Ventures, LLC Permit No. 33-19 Page 3 of 4 ADDITIONAL CONDITIONS 14) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 15) This permit. authorizes a maximum of twenty-nine (29) formalized boat slips. 16) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed in an easily accessible location and maintained in operable condition for the life of the. marina. 17) Prior to the occupancy of any slips authorized by this,pet nit; thepermittee shall meet on -site with a representative ofthe Division to ensure thatthe required pumpout facility is in place and operable. 18) The marina facility shall display a sign showingthe location of the on -site pumpout facility, including other appropriate -waste disposal info rrnatron, jai the entrance and `exit from the main pier.(s).- 1.9) The marina facility and associated structures shalt have a minimum setback distance of 15 feet between any parts. ofthe-structure and the adjacent property owners area of riparian access, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line: that . intersects with the shore at the point;where the�upla4property line.meets the_watei's edge. 20) No attempt shall 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, and'shall notexceed the pierhead line. In order to ensure. compliance wiWh his condition as wellas Condition No 19,.an as -Wilt survey shall be, performed, and copies .of the survey, provided, to the Division of CoastAd Management, within60 days "of completion of construction ofthese.portions;ofthe project. `' 21.) This permit does not authorize the interference with any;,existing or proposed Federal project, and the permittee shall not tie entitled to compensation for damage to the authorized structure or work, or injury whichmaybecaused from existing or.future operations undertaken.by the United Sfates hi the public-_ interest. Upland Development 22) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above 'referenced property, including the roads, parking areas, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. General 23) The permittee and/or his or her contractor shall meet with a, representative of the Division prior to initiation of any phase of this project. 24) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a thir #t qgt the written approval of the Division of Coastal Management. DCM-NIHD CITY McMullan Ventures, LLC Permit No. 33-19 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: Plans and specifications, including separations requirements, may need to be submitted and approved by Public Water Supply Section prior to construction. Please contact Public Water Supply at (910).796-7215. 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: 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,acti6ity 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: The U.S. Army Corps of Engineers authorized the proposed project and assigned SAW 2018- 01108/43. 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. 2019-0055. NOTE: An application processing fee of $475 was, received by DCM for this project. This fee also satisfied:the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED WY 0 7 2u2(I 0QM't'11! 1INa TOiNi, :%1 RECEIVED MAY 2 8 2020 DCM-M I-10 CITY rA Weychert, Curtis R From: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currey@usace.army.mil> Sent: Monday, June 1, 2020 10:33 AM To: Brock, Brendan O Cc: Weychert, Curtis R Subject: [External] FW: CAMA Minor Modification Request: McMullan Partners, LLC #33-19 Attachments: image001.png; McMullan Partners, LLC #33-19 minor mod BR.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.spam@nc.gov<mailto:report.spam@nc.gov> Brendan, this action does not require a permit action from the Army Corps. Let me know if you have any questions. Greg Greg Currey Project Manager USACE, Wilmington 69 Darlington Ave. Wilmington, NC 28403 PH 910-251-4707 -----Original Message ----- From: WilmingtonNCREG Sent: Thursday, May 28, 2020 12:27 PM To: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currey@usace.army.mil> Subject: FW: CAMA Minor Modification Request: McMullan Partners, LLC #33-19 Hi Greg, Last one for the day, this has been added to: CESAW-RG-L>CAMA Electronic Submittals>Brunswick>2018-01108 43 Causeway Dr>McMullan Partners LLC #33-19 minor mod BR (003) Take care, Rita r From: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Sent: Wednesday, May 27, 2020 6:48 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov>; WilmingtonNCREG <WilmingtonNCREG@usace.army.mil>; keith@oibgov.com; Mairs, Robb L <robb.mairs@ncdenr.gov> Cc: Brock, Brendan O <brendan.brock@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: [Non-DoD Source] LAMA Minor Modification Request: McMullan Partners, LLC #33-19 Good afternoon, Please accept this request fora CAMA Minor Modification to Major Permit No. 33-19 from the above subject property in Ocean Isle Beach, Brunswick County. Please reply to Curt Weychert at curt.weychert@ncdenr.gov <mailto:curt.weychert@ncdenr.gov> or (252) 808-2808 ext. 211 with your questions, comments or concerns. Thank you! \ Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastdl Management<Blockedhttp://www.nccoastalmanagement.net/> 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanya.Pietila@ncdenr.gov <mailto:Tanya.Pietila@ncdenr.gov> E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Weychert, Curtis R From: Currey, Gregory E CIV USARMY CELRP (USA)<Gregory.E.Currey@usace.army.mil> Sent: Monday, June 1, 2020 10:33 AM To: Brock, Brendan O Cc: Weychert, Curtis R Subject: [External] FW: CAMA Minor Modification Request: McMullan Partners, LLC #33-19 Attachments: image001.png; McMullan Partners, LLC #33-19 minor mod BR.pdf CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to report.Spam@nc.gov<maiIto: repo rt.spam@nc.gov> Brendan, this action does not require a permit action from the Army Corps. Let me know if you have any questions. Greg Greg Currey Project Manager USACE, Wilmington 69 Darlington Ave. Wilmington, NC 28403 PH 910-251-4707 -----Original Message ----- From: WilmingtonNCREG Sent: Thursday, May 28, 2020 12:27 PM To: Currey, Gregory E CIV USARMY CELRP (USA) <Gregory.E.Currey@usace.army.mil> Subject: FW: CAMA Minor Modification Request: McMullan Partners, LLC #33-19 Hi Greg, Last one for the day, this has been added to: CESAW-RG-L>CAMA Electronic Submittals>Brunswick>2018-01108 43 Causeway Dr>McMullan Partners LLC #33-19 minor mod BR (003) Take care, Rita From: Pietila, Tanya K <tanya.pietila@ncdenr.gov> Sent: Wednesday, May 27, 2020 6:48 PM To: Weychert, Curtis R <curt.weychert@ncdenr.gov>; WilmingtonNCREG <WilmingtonNCREG@usace.army.mil>; keith@oibgov.com; Mairs, Robb L <robb.mairs@ncdenr.gov> Cc: Brock, Brendan O <brendan.brock@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: [Non-DoD Source] CAMA Minor Modification Request: McMullan Partners, LLC #33-19 Good afternoon, Please accept this request for a CAMA Minor Modification to Major Permit No. 33-19 from the above subject property in Ocean Isle Beach, Brunswick County. Please reply to Curt Weychert at curt.weychert@ncdenr.gov <mailto:curt.weychert@ncdenr.gov> or (252) 808-2808 ext. 211 with your questions, comments or concerns. Thank you! Tanya Tanya Pietila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management <Blockedhttp://www.nccoastaImanagement.net/> 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Tanya.Pietila@ncdenr.gov <mailto:Tanya.Pietila@ncdenr.gov> Weychert, Curtis R From: Mairs, Robb L Sent: Tuesday, July 7, 2020 2:06 PM To: Weychert, Curtis R Subject: RE: CAMA Minor Modification Request: McMullan Partners, LLC #33-19 Hey Curt, I'm sorry I missed this. The DWR has no objections on this modification request. Thanks, Robb Mairs Environmental Specialist II Division of Water Resources North Carolina Department of Environmental Quality 910 796.7303 office robb.mairs(doncdenr.aov https•//decinc aov/about/divisions/water-resources/water-resources-permits/wastewater-branch/401-wetlands-buffer- ep rmits 127 Cardinal Drive Extension WIminclton, 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: Weychert, Curtis R Sent: Thursday, June 25, 2020 10:03 AM To: Mairs, Robb L <robb.mairs@ncdenr.gov>; keith@oibgov.com Subject: FW: CAMA Minor Modification Request: McMullan Partners, LLC #33-19 Hello Robb and Keith, I was getting ready to write up a permit modification for this project and just wanted to check to see if your agency had any comment on the project. If you need more time to provide comments, please let me know. Curt Weychert Curtis Weychert Assistant Major Permit Coordinator North Carolina Division of Coastal Management North Carolina Department of Environmental Quality 252-808-2808 x211 Curt.WevchertOricdenr ciov 400 Commerce Ave Morehead City, NC 28557 i �QF Q From: Pietila, Tanya K <tanva.oietila@ncdenr.eov> Sent: Wednesday, May 27, 2020 6:48 PM To: Weychert, Curtis R <curt.wevchert@ncdenr.Rov>; WilmingtonNCREG<WilminetonNCREG@usace.armv.mil>; keith@oibgov.com: Mairs, Robb L <robb.mairs@ncdenr.gov> Cc: Brock, Brendan O <brendan.brock@ncdenr.gov>; Cannon, Amanda J <Amanda.Cannon@ncdenr.gov> Subject: CAMA Minor Modification Request: McMullan Partners, LLC #33-19 Good afternoon, Please accept this request for a CAMA Minor Modification to Major Permit No. 33-19 from the above subject property in Ocean Isle Beach, Brunswick County. Please reply to Curt Weychert at curt.weycherte ncdenr.gov or (252) 808-2808 ext. 211 with your questions, comments or concerns. Thank you! Tanya Tanya Netila Permit Support Specialist NC Department of Environmental Quality NC Division of Coastal Management 127 Cardinal Drive Ext. Wilmington, NC 28405 Phone:(910)796-7226 Ta n va. P i et i l a O n cd e n r. gov `^Nothmq Comyurrs E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties. Permit Class MODIFICATION/MINOR Permit Number 33-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Vermit 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 De suoject to Imes, imprisonment or civtt acnon; or may cause me permn to De nuu ana vota. 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. For Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Petmittee McMullan Ventures, LLC ADDITIONAL CONDITIONS General Permit No. 33-19 Page 2 of 2 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. :LMG LAND MANAGEMENT GROUP a DAVEY# company May 5, 2020 TO: Mr. Brendan Brock North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: Minor Modification Request to CAMA Permit #33-19 45 Causeway Drive; Ocean Isle Beach, NC McMullan Partners, LLC Dear Brendan: On behalf of McMullan Partners LLC, we are requesting a Minor Modification to CAMA Permit #33-19 for development on their property located at 43 Causeway Drive, Ocean Isle Beach, North Carolina. The modification request includes a reconfiguration of the previously permitted parking as shown on the modification drawing. The applicant proposes pushing the parking up to the bulkhead (within the 30' CAMA buffer), which will provide easier access to the boardwalk and docking. This also addresses the Town of OIB's concern for providing handicap access to the boardwalk/docking facilities. All development within the 30' buffer is over existing impervious surface and the applicant has already obtained stormwater approval of this change (SW8 191130). No changes to the configuration of the previously authorized dredging or slips are proposed. The adjacent riparian landowners have been notified by certified mail and the return receipts will be submitted once received. Enclosed is the $100 application fee check and supporting materials. Let me know if you have any questions or need anything further to process this minor modification request. Sincerely, �_o �LJ` - Kim Williams Environmental Scientist Encl. RECEIVED Cc: Mr. Rube McMullan, McMullan Partners, LLC MAY 01 2020 ,CM WLMINGTON, NC RECEIVED www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • fax: 910.452.0060 MAY 2 a 2020 3805 Wrightsville Ave., Suite 15, Wilmington, NC 29403 DCM-MHD CITY © o ars C.nm. , r a. xw wvi..\wuVceC utia ,amneota.-.eure\+.N .�aW-wca-aa-no.e>-to-utc mew S'ro Jbgn.nU Purvey Inbrmtlion gpvtlM py East own Engir,senng A Survey, P.C. Pre'".., w w C...0 30 SO 120 v421a Main 5l.M: Po Mr. 3.69 For EmAwrraonbl Pemftng Ont) (7 SIUAMI.. NC 21a" 9,0.)Sa-00]9 nm x n o m ^� o a a— 1 RECEIVED MAY 0 7 mo ' DCM WILMINGTON. NC .)tat 1M. Rev�m C16 Mort, 4/30/2020 NA ♦3 C y �i S te: ,k uLMGt&155 Site Plan I 2 Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission vermit 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 33-19 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 be subject to fines, imprisonment or civil action; or may cause the permit to be hull and void_ 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 petmittee 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 Signed by the authority of the Secretary of npn and tho rt,9tr qunuucu persons wtmm twenty (zu) 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. of the Coastal Resources Commission. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. RECEIVED SignaMffog,4a e DCM-MHD CITY McMullan Ventures, LLC Permit No. 33-19 Page 2 of 4 ADDITIONAL CONDITIONS 5) The temporary placement or double handling of excavated or fill materials within waters or vegetated wetlands is not authorized. 6) In order to further protect the endangered West Indian Manatee, Trichechus manalus, 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 hitp:/hv_ww.lws.cov/nc-cshuammal/manatee ttuidelities.nd Spoil Disposal 7) No excavated materials shall be deposited, even temporarily within 30' of the normal high water line. 8) All excavated materials shall be confined above normal high water level 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. 9) The spoil disposal area shall be inspected and approved by a representative of the Division of Coastal Management prior to the commencement of any excavation activities. Maintenance Clause 10) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of any maintenance 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 spoil disposal, and the estimated amount of material to be removed. The location, design and holding capacity of the spoil 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. Marina Facility 1 I) This permit authorizes only the docks, piers, and other structures and uses located in or over the water that are expressly and specifically set forth in the permit application. No other structure, whether floating or stationary, shall become a permanent part of this marina facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or over Public Trust waters without permit modification. 12) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the marina facility. Any sewage discharge at the marina facility shall be considered a violation of this permit for which the permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence of the permitted structure. 13) Any portion of the permitted access pier and marina facilities built over Coastal W�t dGhot exceed six (6) feet in width and shall be elevated a minimum of three (3) feet over wetland substrate as measured from the bottom of the decking. R�1-01f ED _. ................_._ unv n.o--am,)Nl tiC DCM-MHD CITY a f McMullan Ventures, LLC ADDITIONAL CONDITIONS Permit No. 33-19 Page 3 of 4 14) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S. Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent reflectors should be attached to the structure in order to make it more visible during hours of darkness or inclement weather. 15) This permit authorizes a maximum of twenty-nine (29) formalized boat slips. 16) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage disposal facility shall be installed in an easily accessible location and maintained in operable condition for the life of the marina. 17) Prior to the occupancy of any slips authorized by this permit, the permittee shall meet on -site with a representative of the Division to ensure that the required pumpout facility is in place and operable. 18) The marina facility shall display a sign showing the location of the on -site pumpout facility, including other appropriate waste disposal information, at the entrance and exit frotn the main pier(s). 19) The marina facility and associated structures shall have a minimum setback distance of 15 feet between any parts of the structure and the adjacent property owner's area of riparian access, which is determined by drawing a line parallel to the channel, then drawing a line perpendicular to the channel line that intersects with the shore at the point where the upland property line meets the water's edge. 20) No attempt shall 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, and shall not exceed the pierhead line. In order to ensure compliance with this condition as well as Condition No. 19, an as -built survey shall be performed, and copies of the survey provided to the Division of Coastal Management, within 60 days of completion of construction of these portions of the project. 21) This permit does not authorize the interference with any existing or proposed Federal project, and the permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury which may be caused from existing or future operations undertaken by the United States in the public interest. Unland Development 22) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities associated with the development of the above referenced property, including the roads, parking areas, and other associated infrastructure, all as expressly and specifically set forth in the attached permit application and workplan drawings. General 23) The permittee and/or his or her contractor shall meet with a representative of the Division prior to initiation of any phase of this project. 24) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a thir(ftEtot the written approval of the Division of Coastal Management. DCM-MHD CITY McMullan Ventures, LLC Permit No. 33-19 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: Plans and specifications, including separations requirements, may need to be submitted and approved by Public Water Supply Section prior to construction. Please contact Public Water Supply at (910) 796-7215. 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: 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: The U.S. Army Corps of Engineers authorized the proposed project and assigned SAW 2018- 01108/43. 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. 2019-0055. NOTE: An application processing fee of $475 was received by DCM for this project. This fee also satisfied the Section 401 application processing fee requirements of the Division of Water Resources. RECEIVED MAY 0 7 2020 QCM WILMINGTON, NC RECEIVED MAY 2 8 2020 DCM-MHD CITY _ LMG LAND MANAGEMENT GROUP a DAVEA, company May S, 2020 TO: The Bonanza Group, LLC PO Box 687 Elkin, NC 28621 RE: Notification of Minor Modification Request to CAMA Permit #33-19 45 Causeway Drive; Ocean Isle Beach, NC To Whom It May Concern: McMullan Partners LLC is requesting a Minor Modification to CAMA Permit #33-19 for development on their property located at 43 Causeway Drive, Ocean Isle Beach, North Carolina. The specifics of the proposed work are in the enclosed updated drawings. Because this proposed work is located within an Area of Environmental Concern as regulated by the NC Coastal Area Management Act (CAMA), a CAMA Permit is required. As the adjacent riparian property owner to the aforementioned project, you are required by the CAMA permit application process to be notified in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Mr. Brendan Brock North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC28405 Email: Brendan.brock@ncdenr.gov Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at kwilllams(MLMGroup.net. Sincerely, ]l �Q iK m Williams Environmental Scientist Encl. Cc Mr. Brendan Brock, DCM www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3905 Wrightsville Ave., Suite 15, Wilmington, NC 28403 ON NOIDNIN11M WOC 010? L 0 AM id MAY 2 8 2020 DCM-MHD CITY 4LMG LAND MANAGEMENT GROUP a DAVEY# company May 5, 2020 TO: John and Wendy Sheffield 57 Causeway Drive Ocean Isle Beach, NC 28469 RE: Notification of Minor Modification Request to CAMA Permit #33-19 45 Causeway Drive; Ocean Isle Beach, NC Dear Mr. and Mrs. Sheffield: McMullan Partners LLC is requesting a Minor Modification to CAMA Permit k33-19 for development on their property located at 43 Causeway Drive, Ocean Isle Beach, North Carolina. The specifics of the proposed work are in the enclosed updated drawings. Because this proposed work is located within an Area of Environmental Concern as regulated by the NC Coastal Area Management Act (LAMA), a CAMA Permit is required. As the adjacent riparian property owner to the aforementioned project, you are required by the CAMA permit application process to be notified in order to give you the opportunity to comment on the project. Please review the attached permit application and drawings. Should you have any objections to this proposal, please send your written comments within 30 days of your receipt of this notice to: Mr. Brendan Brock North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC28405 Email: Brendan.brock@ncdenr.gov Comments will be considered by the NC Department of Coastal Management in reaching a final decision on the application. No comment within 30 days of your receipt of this notice will be considered as no objection. If you have any questions on this project, please call me at 910-452-0001, or e-mail me at kwilliams@LMGrouo.net. Sincerely, Kim Williams Environmental Scientist Encl. Cc: �ECE�VED MAY 01 vV Mr. Brendan Brock, DCM pOM�jd11MIVATOtJ,NC RECEIVED w .lmgroup.net - info@lmgroup.net - Phone: 910.452.0001 - Fax: 910.452.0060 q p 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 MHIAV O a 2020 DCM-MHD CITY ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailplece, t1 c 3Jh�rza G�u-f. Lt. P o Dap NnQ } 27'(rZ( 9590 9402 5776 0003 9677 81 emm.wvfce label) ;18 3090 0001 9313 7493 PS Form 3811, July 2015 PSN 7530-02-000-9053 X ZV O Apart ❑ Addle 8. Rebelved by Nerve)- C.^Oate of N 0 D. Is delIvery address dIffersnt from llemM ❑Y%Q H YES, enter dellvery address belovql.;; ,p N%.4 U LU } Service keeMoted b cen. A Mall Rasldclod Dellvary ❑ ❑ coiact on DalNery ❑ Colect on Delivery RwWted oehary ❑ mowed MM ❑ insu W Met Reetdcted Del"ry Domestrc Petam Pecelpt N � W N 7 I a4 W ■ Complete Rome 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach thla card to the back of the mallplace, V e�in 't' M�G�Ltt ��+'Tie lcl 0- 2 S-tii6l III1ill�lIIIIIIIIIIIIIII NIIIIIfIIIII IIIIIIIII 9590 9402 5776 0003 9677 74 8 3090 0001 9313 7509 P3 Form 3811. July 2015 PSN 753"2-M-OD53 O�6 �avil R. D. Is dollveryaddrese ciftatnflom Item 1? ❑ Ybi It YES, enter dolivory address below: ❑No J. lie .type ❑rr may Mae ❑ Aduft ft xtum O ftletaed Mcll- ❑ Adult a19WvreR9eMCrad Do" o 1cedfledmalle 10lemd Mall RadMted 0 CsrtlPed Melt RaeMmDelivery naled 0 llum Racolptfor ❑GolI&Am D,,ftM M.hondleo ❑ Cullom an Delivery neWotad Il ❑eldnalu*Condwuftn+ ❑Imured Melt OSlgw aConAmadoe ❑ InSarod Mall 13a51,1clttl Dedvay RntrMetl Delivery (overssoe1 DORrestlo Relum Receipt RECEIVED MAY 2 8 2020 DCM-MHD CITY Date Date Check From Name of Vendor Check Check Permit Rct. P Received Deposited Permit Holder Number amount Number/Comments 5/26/2020 5/26/2020 Davey Resource McMullan United 1973 $100.00 minor mod #33-19, 43 Causewar BB rct. Group, Inc Partners, LLC Bank Drive, Ocean Isle Beach BRCO 10466 0 0 TiJ 0 LID m _ °D 0 < �y o m N O J� 1 ATTACHMENT A CAMA MAJOR PERMIT & AUTHORIZED SITE PLAN RECeNED MAY � � 2020 ACM WI�;tBLIEIV�S MAY 2 S 2020 DCM-MHD CITY ROY COOPER Cm m MICHAEL S. REGAN SeaWary BRAXTON C. DAVIS OYreW MEMORANDUM NORTH CAROLINA Environmental Quality T0: Curt Weychert, DCM Major Permit Assistant Coordinator, MHC FROM: Brendan Brock, DCM Field Representative, Wilmington THRU: Tara MacPherson, DCM District Manager, Wilmington, '" — DATE: May 20, 2020 SUBJECT Permit Modification Request to State Permit No. 33.19, McMullan Partners, LLC, 45 Causeway Drive, Ocean Island Beach, Brunswick County Kim Williams, of Land Management Group Inc. is representing McMullan Partners, LLC, in requesting a Minor Modification to State Permit No. 33-19. In 2019, CAMA Major Permit 33.19 was issued to McMullan Ventures, LLC to dredge a portion of Canal #22 within the applicant's riparian corridor and construct a 29 slip manna with an associated boardwalk/pier, driveway, and parking area. The applicant is requesting a minor modification to the permit to reconfigure and relocate the previously permitted parking as shown on the Site Plan dated 4-30-2020. The applicant is proposing to relocate the parking area adjacent to the bulkhead (within the 30' buffer) to provide easier access to the boardwalk and docks. The applicant states that relocating and reconfiguring the parking area will address the Town of Ocean Isle Beach's concern for handicapped access to the boardwalk and docks. All proposed development under this minor modification would be built within the footprint of the existing BUA located approximately 33" below the vegetated surface as approved by State Storrnwater under SW8191130 on 11-20-2019. The applicant has notified the adjacent riparian property owners and certified mail receipts are attached. This request was submitted in a letter received by DCM on May 7, 2020 with three (3) drawings, labeled "Vicinity Map' and 2 "Site Plan" drawings. The site plan dated 11-29-18 shows the permitted location of the parking lot and the site plan dated 4-30-20 shows the proposed relocation of the parking lot. The proposed modifications appear to be consistent with NCAC 07H .0209(d)(10)(H), which states that within the Coastal Shorelines category, new development shall be located a distance of 30 feet landward of the normal water level or normal high water level, with the exception of development over existing impervious surfaces, provided that the existing impervious surface is not increased. 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. Davey Resource Group (Land Management Group) has submitted a check (check No. 1973) in the fee amount of $100. By copy of this memo, DCM is requesting that the USACE, NC DWR, and the Town of Ocean Isle Beach LPO provide any comments that your agency may have on the proposed project to Curt Weychert of DCM's MHC office within 14 days of receipt of this memo. cc: DCM-MHC USACF Town of Ocean Isle Beach DWR RECEIVED p E Q'� MAY 2 8 2020 - DCM-MHD CITY North Carolina DePanment of LMrO mrntai Quality I Division of Coastal Managemcnt Wilmington OffKe 1127 Cardinal Drive Ex Sion I wdmmgtort North Camera 28405 910.796.7215 trod il'�\�,B ej���•c� " 17 . •,. _ .onCEki�l %Oeea I • ` (e✓�sQ m - b q� r iOGF <J!Plan`t4o 179 ` ; T; Ir _ ' \ R�ShC jYru �` }� �1FS "t& �a� ,:A�ti�,�� i K l , ' ,.I Trice�Liowunks �Z n,��jt -Jd`r llllams `�l3adt�'dr� o nn del -f'Ttu 904 _ 2NC S7 vci; 179 Ej_�dd y. 1 .rt ,, T 10�'; !ic3lBSE s� s ,erg Ses'3t�iIG-r' .:r are isle Bea 1': c t C`` i is / �• � -�� \ � ,�" Ocean Isle Fishing Pier ¢a o nks E Tubbs lnlr'r � said Beach ,,•� Suir set Seacn Fishing Pier ;et Beach L D N �: :r L:\CAMA\2018 CAMA FILES\81-16-155 —Ocean Isle Commercial Canal, Rube McMull"l \ �� t:- -' MAY 0 7 NN 'Boundaries are approximate and are not meant to be absolute. DCM WILMINGTO t Map Source: 2012 NC Atlas 8 Gazetteer SCALE 1" = 1 mile OIB Harbor �LMG 43 Causeway Drive P Brunswick County, NC Sheet 1 of 2 www.lmgrouonet Vicinity MRECEIVE May 2020 3805 Wrightsville Avenue LMG18.155 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 DCM-MHD CITY � 0 Tlii lu uI° ul M Q swore F ®.w rem, , _ri®�cs..ua-C,»rmnm ,+n- _ _ _. e - 01YXR11.'10YM ,R wuemw, i. a.r ..m»'sr^.una Fv,r,u...aurw.aa• MAV 0 7 20YG O