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HomeMy WebLinkAbout33-19 McMullan Ventures LLCPertu?t Class NEW - Permit Number 33-19 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission V erm i t RECEIVED JUN 19 2019 for DCnu CITY 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 application dated revised 12/13/18 including attached workplan drawings (4) 1 of dated 07/23/18,2 of dated 05/24/18 and 3-4 of 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 ve suoJect to lines, imprisonment or crvu action; or may cause the permit 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 connecting waters. 2) No excavation or filling of Coastal Wetlands is authorized by this permit 3) Excavation shall not occur within ten (10) feet of any Coastal Wetlands. 4) To reduce direct impacts to oyster resources, the permittee shall, in consultation with DCM, relocate all oysters falling within the dredge footprint or piling locations to an area immediately adjacent to the project area. (See attached sheets for Additional Conditions) This permit action may be appealed by the permittee or other Slimed by the authority of the cPrretnm of DFO A.,,t the rt,s;, 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. 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 Ventures, LLC PermitNo. 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 manatus, the applicant must implement the U.S. Fish & Wildlife Service's Guidelines, and strictly adhere to all requirements therein. The guidelines can be found at htto://www.fws.eov/ne-es/niamrnal/manatee Guidelines pdf. 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 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 Wetlands shall not 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. McMullan V+ntures, 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 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 from 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. 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 attachiyED application and workplan drawings. General JUN 19 2019 l� M-MHD CITY 23) The permittee and/or his or her contractor shall meet with a representative of the Divi non pnor to initiation of any phase of this project. 24) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the written approval of the Division of Coastal Management. McMullan Ventures, LLC Permj$ No: 33-19 Page 4 of 4 ADDITIONAL CONDITIONS NOTE: Plans and specifications, includingseparations 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 alsc satisfied the Section 401 application processing fee requirements of the Division of Water Resources. End PN/Comment Deadline: T5 i!c 6n h A A; S1(*/1^ YjM 1 30 Day Comment Period: I/1c/( Off h AJ.. p fN IIt UI ►11 % - ,I w�ki �l V Pn� G�J omm c v� rot �ket j rilrh �2ci '' 6w ( on" b al lctu j h >n pavi (5 ln2kfi el �) — SCvif I,ekttv (kw )• 71AIM— vAtiv& A'n6t +nw� aA e J/YyrKSi 1 w>1ccr� ever atirti f CIUK{ i T.t,rc L41 o-E .Otoc(L 3 aAAA Al M of {bo+ a4e,W) . rn t. ! 0� W I P LAL , DAAFi (kr� (h(fl h� ct,) , QokVL I-k(kvkqj a�ii hou"tt�•v1. Cwi ttwn rnS (u thct fn ce b&vvul) =� c;wre * l o' bkf ev frvpbscd, w �GS}S 2o' lowff-e✓ (ctoscv- +v S-I) *Uqxt- Vv �GQY1Cory1S abcvt% fu+rnts��rquSisiertu� ,µ ^ h6ri�ed-Facel>1i� �f Aoo ✓ (DcWt a Ems) . Wocat Ovtm -Rvai` doh a,rec,, (cfpL aAt a9Yced). Roa cad "al[V- 0✓c✓ 11� 1/v laplab— Cwrf Gaud,d.v -ILIA q64/ C,w bra- to ue ,, j rLb of C'^I u�pPGcu (as�cwl watti{ cuVYewfi �di5nwl�vi b v�c�# �v� (OuA,�GGu,et,� SM((ci- em4kt t(wi cc-"Vry% c °w.wLj L-CS ce- i,M(- q,, uir +0 64%ws a1v>;r c cm�vuy�is 51 fwq, aft U( M P OK had ad At cat - 5J���Nj � ppll�I- 10 d-tau-tsS ���rief %sSu.�f �t S'Ir rece%ty ed Stu a ti`l f ��Lica n+ -b r�su +vim pw v ss kn oil v( �ted�e d e� 1 n red sued fn - s @ u L4 Go a ci�1 l �h a ids I�wifzr ►^ At .�ISfMsC.eel ws hwill ePheal LAw, rt,H awed K14k, w► . p 4�! resuloov i#wtuMs. ;-f.m .lr,L14-+* D-%,;KcK otna -n)lt Y ;or # I'v4w, Issued: I A Il/11 G RECEIVED JUN 19 2019 -DCM-MHD CITY It/ DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: MdValatt Ventara, LLC COUNTY: Bnaswkk PROJECT NAME: Causeway Drive Manna LOCATION OF PROJECT: *3 Causeway Dr., a#weae to a manmade canal off the AIWW, in Ocean Isle Beach DATE APPLICATION RECEIVED COMPLETE BY FIELD,1-3-19 FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A . FIELD REPRESENTATIVE:.McGuireDISTRICT OFFICE: WRAII HGTON 99 DISTRICT MANAGER REVIEW: ✓,,e- B) DATE RECEIVED BY MAJOR PERMITS UNIT: t FEE REC D: $400 (60140) # 1229 APPLICATION ASSIGNED TO: Spears PUBLIC NOTICE REM 1-16-19 END OF NOTICE DATE: 2-5-19 ADJ. RIP. PROP NOTICES RECD: DEED RECD: Yes C) 75 DAY DEADLINE: 3-19-19 rRAN.150 DAY DEADLINE: �"! I� HOLDS: nq k'" : 55/1giI1 o�f V• (ahm MAIL OUT DATE:1-11-19 p STATE DUE DA : 19 PERMIT FINAL ACTION: ISSUE*/ I DENY .(P/2- VIM AGENCY DATE COMMENTS RETURNED OBJECTIONS: YES NO NOTES DCM — Field Rep t1 K Ldbl$ I S Local Permit Officer DCM I jt DCM — LUP ConsistencyDetemilnation Rival Development Division DEMLR — Stormwater & Sed/Erosion 2 �� DWR — 401 som-coc� DOA — State Property Office y DMF - Shellfish Section X NCDOT DMF — Habitat & Enhancement 2/Z At Is ;,gyp Kh b uf{er, S�IftiS>t rc DWR— Public Water Supply /s ill USACE — Regulatory 1 SAw 7si8 node DNCR - Archives & History DNCR-Natural Heritage Program �"vt - RECEIVED JUN 19 2M DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN secretary BRAXTON DAVIS Director. Division ofCoattal Management January 11, 2019 MEMORANDUM. FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) RECEIVED courtney.spears(a)ncdenr.00v SUBJECT: CAMA/Dredge & Fill Application Review JAN 3 0 Zul' Applicant: McMullan Ventures, LLC (Causeway Drive Mare WILMINGTON, NC Project Location: 43 Causeway Dr., adjacent to a manmade canal off the AIINW, in Ocean Isle Beach, Brunswick County Proposed Project: construction of a commercial marina with dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by February 5, 2019. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. **Additional comments may be attached**✓ This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME K� i- - A r 'D-,/ c.. v S AGENCY owe 64 0C_C0.h TsIrt �d.ur-1-\ SIGNATURE DATE l/ 2 Z o r 9 RECEIVED JUN 19 W9 State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Em,, Wilmington, NC 28405 919 796 7215 DCM-MHD CITY oceanisle B E A C H January 28, 2019 Courtney Spears, Assistant Major Permits Coordinator NCDEQ-Division of Coastal Management 127 Cardinal Dr. Ext. Wilmington, NC 28405 RE: McMullan Ventures, LLC (Causeway Drive Marina) Ms. Spears, RECEIVED JAN 3 0 2019 OCM WILMINGTON, NO The Town of Ocean Isle Beach has no objection to the proposed project at 43 Causeway Dr. pending that all Town of Ocean Isle Beach ordinances are met prior to development. If there are any questions regarding Town ordinances for this project please feel free to contact me at (910) 579-3469. Keith Dycus, Planning & Zoning Administrator Town of Ocean Isle Beach Enc. (Signed Reply) RECEIVED JUN 19 2019 DCM-MHD CITY TOWN OF OCEAN ISLE BEACH / 3 W. THIRD STREET/ OCEAN ISLE BEACH, NC 28469 (910) 579-2166 / FAX (910) 579-8804 / WWW.OIBGOV.COM eu MEMORANDUM To: Courtney Spears From: Michael Christenbury, Wilmington District Planner 16 Subject: Consistency Determination, Major Permit Application, McMullan Ventures, LLC, Ocean Isle Beach — Brunswick County Date: March 27, 2019 Isle Beach Land Use Plan. The applicant proposes to perform dredging and then construct a new commercial marina along the manmade canal. The project is located at 43 Causeway Drive in Ocean Isle Beach. Areas of Environmental Concern (AEC's) impacted by the proposal are ES, PTS, CW, EW and PTA. Waters at the project site are classified as SA; HQW and are not open to the harvesting of shellfish. The area is not a Primary Nursery Area. I have reviewed this proposal for consistency with the Town of Ocean Isle Land Use Plan and offer the following comments. The general area of the project is classified Residential, while the AECs impacted by the work are classified as Residential. In general, the Town of Ocean Isle Beach allows development in Residential classified AECs, which is consistent with the State's minimum use standards. The Town of Ocean Isle Beach Land Use Plan contains some policies, which exceed the State's minimum use standards. However, none of these standards appear to be applicable to this proposal. This project appears to be consistent with the Town of Ocean Isle Beach Land Use Plan. Cc: File RECEIVED JUN 19 2019 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON DAVIS Diroclnr, lJlvlsmn afCaasm( Management January 11, 2019 MEMORANDUM FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.soears(ftcdenr.aov SUBJECT. CAMA/Dredge & Fill Application Review Applicant: McMullan Ventures, LLC (Causeway Drive Marina) Project Location: 43 Causeway Dr, adjacent to a manmade canal off the AIWW, in Ocean Isle Beach, Brunswick County Proposed Project: construction of commercial marina with dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by February 5, 2019. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT NAM AGENCY This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. ,ti,- GO !'H /v1 SIGNATURE 9­1. DATE 1 L 1 ` RECEIVED JAN 2 4 2019 MP SECTION WIRO RECEIVED State of North Carolina I Environmental Quality I Coastal Management J U N 19 2019 127 Cardinal Drive Ext., Wilmington, NC 29405 919 796 7215 DCM-MHD CITY Ov ..I I , _._I IN11 January 11, 2019 MEMORANDUM. FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtney.soears(cDncdenr.eov SUBJECT: CAMA /Dredge & Fill Application Review Applicant: McMullan Ventures, LLC (Causeway Drive Marina) ROY COOPER linvernnr MICHAEL S. REGAN se<rela,, BRAXTON DAVIS Dtreclnr, Un•itian u7('raclal hlnnngenrrnl Project Location: 43 Causeway Dr., adjacent to a manmade canal off the A/WW, in Ocean Isle Beach, Brunswick County Proposed Project: construction of a commercial marina with dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by February 5, 2019. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME AGENCY L Um U2 /J laEC�rvED SIGNATURE \ vq QC�4"'_'a RECEIVED DATE c�Ian1JR@Y 31 2D17 Stele of North Carolina I Environmental Quality 'Coastal Management . I I l N 19 2019 127 Cardinal Rive Ext., Wilmington, NC 29405 919 796 7215 DCM-MHD CITY DocuSign Envelope ID: 8E81C107-91A1-4494-BC24-2B5FA81C64C8 VA, NORTH CARML NA P.mrzr.mmnm'd l6ndm- January 11, 2019 MEMORANDUM: FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.spears(ftcdenr oov SUBJECT: CAMA/Dredge & Fill Application Review Applicant: McMullan Ventures, LLC (Causeway Drive Marina) ROY COOPER Govemor MICHAEL S. REGAN Secretary BRAXTON DAVIS Director, Dirtsum ofCoaslal Management Project Location: 43 Causeway Dr., adjacent to a manmade canal off the A/WW, in Ocean Isle Beach, Brunswick County Proposed Project: construction of a commercial marina with dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by February 5, 2019. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: _X_This agency has no objection to the project as proposed. *'Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. PRINT NAME Morelia Sanchez -King AGENCY FIEI..AIIAIIQI4 uS,gned by. njl sue, ✓ " SIGNATURE DATE 2/25/2019 RECEIVED ®CM WILMINGTON, NC FEB 262019 RECEIVED State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Eat., Wilmington, NC 29405 9197%7215 JUN 19 2019 DCM-MHn rrTv DocuSign Envelope ID: 8E81C107-91A14494-BC24-2B5FA81C64C8 ROY COOPER Governor MICHAEL S. REGAN secnnary LINDA CULPEPPER Director NORTH CAROLINA Env7ronmenta! QuaUty February 25,2019 Brunswick County DWR Project: 2019-0055 McMullen Ventures, LLC Mr. Rube McMullen 870 Old Canton Road Marietta GA 30068 Subject Property: 43 Causeway Drive — Ocean Isle Beach Approval of 401 Water Quality Certification with Additional Conditions Dear Mr. McMullen, You have our approval, in accordance with the attached conditions and those listed below, to impact 0.65 acres of open waters in order to perform dredging and to construct a new commercial marina as described in the application received by the N.C. Division of Water Resources (DWR) on January 11, 2019. After reviewing your application, we have decided that the impacts are covered by General Water Quality Certification Number 4175 (GC4175). In addition, you should obtain or otherwise comply with any other required federal, state or local permits before you go ahead with your project including (but not limited to) Erosion and Sediment Control, Non -discharge, and stormwater regulations. Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 Permit. This Certification can also be found on line at: http://t)ortal.ncdenr.ory/web/wg/swg/ws/401/certsandpgmiits. This approval is for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions. If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below. RECEIVED JUN 19 2019 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC FEB 2 5 2019 D_E QJ� 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 DocuSign Envelope ID: 8E81C107-91A1-4494-BC24.2B5FA81C64C8 The Additional Conditions of the Certification are: This approval is for the purpose and design described in your application. The plans and' specifications for this project are incorporated by reference as part of the Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this approval letter and General Certification and is responsible for complying with all conditions. Any new owner must notify the Division and request the Certification be issued in their name {15A NCAC 02H .0501 and .0502]. 2. Any final construction plans for this project must include or reference the application and plans approved by the Division under this authorization letter and certification. The applicant will also be required to evaluate all acquired permits to assure that they are consistent and all relative impacts are accounted for and shown on the construction plans. [15A NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] The applicant shall require his contractors (and/or agents) to comply with all of the terms of this Certification and shall provide each of its contractors (and/or agents) a copy of this Certification. 3. Turbidity Standard The turbidity standard of 25 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 2B .0220. Appropriate sediment and erosion control practices must be used to meet this standard. Turbidity curtains shall be used as appropriate. Please notify this Office if any turbidity issues arise at 910.796.7215 4. This General Certification shall expire on the same day as the expiration date of the corresponding General Permit. The conditions in effect on the date of issuance of the Certification for a specific project shall remain in effect for the life of the project, regardless of the expiration of this Certification. 5. The permittee shall require its contractors and/or agents to comply with the terms 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 a copy of this certification. A copy of this certification including all conditions shall be available at the project site during the construction and maintenance of this project. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 6. Continuing Compliance: The applicant/permittee and their authorized agents shall conduct all activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with 303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal law. If the Division determines that such standards or laws are not RECEIVED RECEIVED DCM WILMINGTON, NC JUN 19 2019 FEB 2 5 2019 DCM-MHD CITY DocuSign Envelope ID: BE8lCl07-91Al-4494-SC24-2B5FA81C64C8 being met, including failure to sustain a designated or achieved use, or that State or Federal law is being violated, or that further conditions are necessary to assure compliance, than the Division may reevaluate and modify this General Water Quality Certification. [15A NCAC 02H .0507(d)] 8. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permittee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Wilmington Regional Office at 910.796.7215 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A]. 9. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3) and (c)(3) and 15A NCAC 02B .0200 (3)(f)]. 10. This certification grants permission to the director, an authorized representative of the Director, or DEQ staff, upon the presentation of proper credentials, to enter the property during normal business hours 15A NCAC 02H.0502(e). 11. Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant and/or authorized agent is required to return a completed certificate of completion form to the NCDEQ DWR 401 and Buffers Unit North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699 within ten days of project completion. The certification of completion is available at: http: //portal.ncdenr.orvJweb/wq/swp/ws/401 /certsandoermits/apply/forms). Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties. The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit. This approval and its conditions are final and binding unless contested. 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 http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000 for information. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) coy along with any RECEIVED RECEIVED DCM WILMINGTON, NC J U N 19 2019 FEB 8 6 2019 DCM-MHD CITY DocuSign Envelope ID: 8E81C107-91A14494-BC24-265FA81C64C8 applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you have any questions, please telephone Chad Coburn in the DWR Wilmington Regional Office at (910)796-7379 or Chad.CobumAmcdenr.eov. Sincerely, ip 1d by EE� 1��C0G3'._ Morella Sanchez -King, Assistant Regional Supervisor Water Quality Regional Operations Section Wilmington Regional Office Division of Water Resources, NCDEQ Enclosure: GC4175 RECEIVED cc: Greg Finch — Land Management Group, Inc. (via email) Liz Hair - USACE Wilmington Regulatory Field Office (via email) JUN 19 2019 Courtney Spears — DCM Wilmington (via email) DCM-MHD CITY RECEIVED DCM WILMINGTCN, NC FEB 2 5 2018 Mj( Spears, Courtney From: Moser, Mike Sent: Monday, May 6, 2019 9:19 AM To: Spears, Courtney Subject: RE: RE: CAMA Application: McMullan Ventures, LLC Courtney, I checked back in my emails and we did not have any comments on this project. Mike Mike Moser General Real Estate Manager State Property Office Department of Administration 116 West Jones Street Raleigh, NC 27603 919 807 4680 office mike.moser@doa.nc.gov NC Department of Administration Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. -----Original Message ----- From: Spears, Courtney <courtney.spears@ncdenr.gov> Sent: Friday, May 3, 2019 2:10 PM To: Moser, Mike <mike.moser@doa.nc.gov> Subject: FW: RE: CAMA Application: McMullan Ventures, LLC Hi, I wasn't copied on the distribution email for this one, so I can't forward the materials, but did your office have any comment on this one? Thanks! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality RECEIVED JUN 19 2019 DCM-MHD CITY 910 796 7426 office courtney.spears@ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 -----Original Message ----- From: Simpson, Shaun Sent: Friday, January 11, 2019 2:05 PM To: Spears, Courtney <courtney.spears@ncdenr.gov> Subject: FW: RE: CAMAApplication: McMullan Ventures, LLC -----Original Message ----- From: Moser, Mike Sent: Friday, January 11, 2019 1:52 PM To: Simpson, Shaun <shaun.simpson@ncdenr.gov> Subject: Read: RE: CAMA Application: McMullan Ventures, LLC Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official. 2 NORTH CAROLINA Ernvirunmental (Quality January 11, 2019 MEMORANDUM' FROM. Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier 04-16-33) courtnev.soearsCalncdenr.aov SUBJECT: CAMA /Dredge 6 Fill Application Review ROY COOPER Golvn,nr MICHAEL S. REGAN ,Seererar), BRAXTON DAVIS Direct"'. Divirbm "J Cnaaal Mtmavement Applicant: McMullan Ventures, LLC (Causeway Drive Marina) Project Location: 43 Causeway Dr., adjacent to a manmade canal off the AIWW, in Ocean Isle Beach, Brunswick County Proposed Project: construction of a commercial marina with dredging Please indicate below your agency's position or viewpoint on the ro osed ro act and return this form to Courtney Spears at the address above by If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" X This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. 15#1 Shannon Jenkins &GENCY NC DMF - Shellfish Sanitation SIGNATURE �YY for Shannon Jenkins DATE 1/24/19 State of North Carolina I Eaviroomental Quality I Coastal Management 127 Cardinal Drive EM., Wilmington, NC 29405 919 796 7215 RECEIVED JUN 19 2019 DCM-MHD CITY RECEIVED ­! '" 2 8 2019 DCM WILMINt3TON, NC ROY COOPER 111111111111 MICHAEL S. REGAN So,"/girl BRAXTON DAVIS 11.umxrrurm January 11, 2019 MEMORANDUM: FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier04-16-33) courtnev.spears(Dncdenrgo_v SUBJECT: CAMA /Dredge & Fill Application Review Applicant: McMullan Ventures, LLC (Causeway Drive Marina) Project Location: 43 Causeway Dr., adjacent to a manmade canal off the AIWW, in Ocean Isle Beach, Brunswick County Proposed Project: construction of a commercial marina with dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by February 5, 2019. If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate, in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. AGENCY Da I „ED SIGNATURE VGTOK NG FEB 26201% DATE ? ' Z�n'14 RECEIVED State or North Carolina I Emironmental QMILIY I Coastal Management U N 1 9 2019 127 Cardinal Drive Ex[., Wilminlnnn, NC 29405 919 7%7215 DCM-MHD CITY ROY COOPER 4mernot MICHAEL S. REGAN Serretmy STEPHEN W.MURPHEY Diterou MEMORANDUM: TO: Courtney Spears, DCM Assistant Major Permit Coordinator FROM: Curt Weychert, DMF Fisheries Resource Specialist SUBJECT: McMullan Ventures, LLC DATE: February 26, 2019 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Major Permit application for proposed actions that impact fish and fish habitats. The applicant is proposing to redevelop a 1.81-acre site to put in a new 29-slip marina and perform new dredging in the area. The site is located along a man-made canal adjacent to the bridge leading to Ocean Isle Beach, Brunswick County. The waters in the project area are classified as SA high quality waters (HQW) and closed to the harvest of shellfish. The project site has an existing bulkhead separating the high -ground and coastal and §404 wetlands. The coastal wetlands extend 20-30 feet from the bulkhead. The marsh toe is stabilized by a —6-foot-wide presence of oyster reef along the entire shoreline. The area of existing pilings along the northern part of the project site contains a significant presence of oyster resource measuring 15 feet from the marsh edge. The applicant is proposing to dredge to a depth of -6 feet at normal low water (NLW) with a 10-foot buffer from the edge of the existing marsh. The docking facility will consist of a 5-slip floating dock and 24 fixed boatlift slips associated with 12 finger piers extending from a boardwalk Coastal wetlands are considered among the most productive ecosystems in the world (NCDEQ 2015). Coastal wetlands are a productive detritus -based system that trap nutrients, toxins and sediment, aid in shoreline erosion control, dissipate wave and storm action, provides a barrier to flood damage, and provide nursery functions and support fish production. Recent research indicates that even narrow fringes of wetlands are essential factors for fish utilization and erosion control. An estimated 95% of commercial finfish and shellfish species in the US are wetland dependent. Species common to coastal wetlands include sheepshead, red drum, flounder, spot, Atlantic croaker, menhaden, oysters and penaeid shrimp; with a myriad of prey species as well. Shell bottom is an extremely productive self -building three-dimensional habitat that can be impacted long term through dredging and filling, pollution and other contaminants. This vital estuarine habitat is very limited in North Carolina, and restoration and conservation RECEIv ED DCM'VWJt4G'fONe NO �iNothhig Compares.... FEg $ 6 S19 Nate of North Oarohna I Dldsloo of Marine Fisheries RECEIVED 4441 Arendeil Street I P.O. Box AA 1 Morehead City, North Camline 28557 252 72b-7021 JUN 19 2019 of shellfish habitat is at the forefront. The presence of live shellfish that historically or currently survive due to favorable conditions is considered shellfish habitat. The proposed dredging template has the potential to indirectly impact these shellfish and coastal wetland species through sloughing. Sloughing occurs as a result of gravity normalizing slopes of a dredged area, usually at a 3:1 ratio of the depth. If sloughing occurs in shellfish habitat, this results in a change of vertical distribution in the water column. Oysters grow in intertidal areas because it provides them refuge from predators, relief from epiphyte competition, pests, and protection from parasites and disease. Altering this vertical distribution could result in the direct mortality of shellfish in the project vicinity. The sloughing could also negatively impact the existing marsh by destabilizing the sediment causing erosion. Similar projects in the same canal have proposed dredging to similar depths with a 10-foot buffer from the coastal wetlands. DMF has raised concerns of sloughing and recommended at least a 15-foot buffer from the coastal wetland species or a reduced dredge depth. Recently, the neighboring property to the south was investigated due signs of erosion on the existing marsh as a result of dredging of similar depths. To avoid unnecessary impacts to the marsh and shellfish resource on the McMullan property, the DMF is strongly requesting that a buffer of at least 15 feet from the edge of marsh be required for any proposed dredging or a reduction of the dredge depth to -5 feet NLW. The Division also requests that a condition be included on the permit that would require the applicant to relocate any shellfish that are currently located within the proposed area of the floating facility, dredge template, or piling locations. These oysters should be relocated to similar depths within the project shoreline where no work is being performed. Contact Curt Weychert at (252) 808-8050 or urt.W ychertoncdenr guy with further questions or concerns. RECEIVED JUN 19 2019 DCM-MHD CITY �^NothingCompares -- ,._ RECEIVED State of North Carolina 10imbn of Marine fisheries DCM WILMINGTON, NC 3441 Arendell Street ! P.O. Box 76q 1 Morehead CRY. North Carolina 2W,57 Mt19 V % G 252-T26 7021 FEBEj Lv unl(fxu�l.lt It ItAX1t1V January 11. 2019 MEMORANDUM FROM Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext.. Wilmington, NC 28405 Fax:910-395-3964 (Courier04-16-33) courtnev.spearsOncdenr.gov SUBJECT CAMA/Dredge & Fill Application Review Applicant: McMullan Ventures, LLC (Causeway Drive Marina) Project Location: 43 Causeway Dr., adjacent to a manmade canal off the AIWW, in Ocean Isle Beach, Brunswick County Proposed Project: construction of a commercial marina with dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by February 5, 2019. If you have any questions regarding the proposed project; contact Tyler McGuire at (910) 796-7424 when appropriate: in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated. See attached. This agency objects to the project for reasons described in the attached comments. M RECEIVED PRINT NAME r I lq/K a/own JUN 19 2019 AGENCY NC I�cr(� (�Nbli( INaJy �(prly DCM-MHD CITY SIGNATURE -//!Ak -�u�n ti RECEIVED JAN 15 1.L'+ DATE _ (`Ir /q DCM WILMINGTON, NC Sate of \onh Carolina I Envrren=nlal Qaalnq i Coa-aal \1analtemwr 177 Cardinal Drnx La . Wlhninylon. \C 29105 919 796 7215 ROY COOPER Gor"Mc MICHAEL S. REGAN secrermy LINDA CULPEPPER Interim Dirorror NOR IH CAROLINA Environmental Quality January 15, 2019 To: Courtney Spears. NC Division of Coastal Management From: Mark Brown, \C Public Water Supply, Wilmington Regional Office Subject: CAMA/Dredge & Fill Application Review Applicant: McMullan Ventures, LLC (Causeway Drive Marina) Project Location: 43 Causeway Dr., adjacent to a manmade canal off the AIWW in Ocean Isle Beach, Brunswick County Proposed Project: construction of a commercial manna with dredging Please forward the following comments to the applicant: If applicant plans to conduct any work involving the public water supply system (i.e. adding a water supply source to the docking facilities) per Title 15A Subchapler 18C Section .0301 Rules Governing Public Water Systems, Plans and Specifications should be submitted and approved by the Public Water Supply Section for all new waterlines prior to construction beginning. If the facility plans to provide water service with a well as serve 25 or more people 60 days out of the year, then the facility will be a public water system. Please contact the Public Water Supply Section for more information. Your facility would qualify as it plans to create 29 slips. Check with the local water system for cross -connection requirements for this project. Public Water Supply Section guidelines arc listed in Appendix B, Figure 2 in the Rules Governing Public Water Systems but the water system may have additional requirements. Feel free to call us at (910) 796-7215, if you have additional qucstE.IVED RECEIVED JAN 15 2019 JUN 19 2019 E(-MHD CITY DCM WILMINGTON, NC 5F(Irwf Received: 01/11/2019 (��` State Historic Preservation OffiC&OY COOPER rWvMmr January 11, 2019 MEMORANDUM: MICHAEL S. REGAN lWv~y BRAXTON DAVIS th"Inr, /1iw-Mrt rikAi� X4a pv„rem ER 19-0088 Due -- 1/29/19 FROM: Courtney Spears, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 Fax: 910-395-3964 (Courier04.16-33) courtnev.spears aAncdenroov SUBJECT. CAMA/Dredge & Fill Application Review Applicant: McMullan Ventures, LLC (Causeway Drive Marina) Project Location: 43 Causeway Dr, adjacent to a manmade canal off the AiWW, in Ocean Isle Beach, Brunswick County Proposed Project: construction of a commercial marina with dredging Please indicate below your agency's position or viewpoint on the proposed project and return this form to Courtney Spears at the address above by February 6, 2019, If you have any questions regarding the proposed project, contact Tyler McGuire at (910) 796-7424 when appropriate. in-depth comments with supporting data is requested. REPLY: This agency has no objection to the project as proposed. "Additional comments may be attached" _Y This agency has no comment on the proposed project. This agency approves of the project only if the recommended changes are incorporated See attached This agency objects to the project for reasons described in the attached comments. PRINT NAME Renee Gledhill -Earley AGENCY State Historic Preservation Office SIGNATURE A�a RECEIVED JUN 19 2019 DCM-MHD CITY RECEIVED -Li3 (j 1 2019 OCM WILMINGTON, NC Slam orNm h Camlim i tAvJ moral QWiry Co w Ma-gemen � �, ..201� 127 C4"WW Drive W.. WdnVa,4 NC 28405 9197%U15 kkytG DEPARTMENT OF THE ARMY WILMINGTON DISTRICT, CORPS OF ENGINEERS 69 DARLINGTON AVENUE WILMINGTON, NORTH CAROLINA 28403-1343 April 18, 2019 Regulatory Division Action ID No. SAW-2018-01108/43 Causeway Drive OIB/McMullan dredge Mr. Doug Huggett Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Huggett: Reference the application of McMullan Ventures, LLC, c/o Rube McMullan to perform maintenance dredging within waters of a manmade basin and construct a 29-slip commercial marina, associated with the redevelopment of a vacant parcel located at 43 Causeway Drive, in Ocean Isle Beach, Brunswick County, North Carolina. Specifically, the project consists of excavating an existing manmade canal in waters adjacent to the AIWW. Removal of the existing docking facility (old docks and pilings) would occur prior to dredging. The proposed dredge method is either bucket to barge or dragline, box cutting the canal for approximately 584' in length by and average with of 45'. The application states that existing water depths within the project area average -3' at MLW, the proposed final water depth for the channel would be -6' at MLW. Dredging limits would be a minimum of 10 feet from the outer edge of marsh along the shoreline. A total of 3,350 cubic yards of material is proposed to be excavated and dewatered onsite. The dredged material would then be trucked to a disposal site located along Old Georgetown Road SW, in Brunswick County (Parcel ID no. 107614444849). Additionally, the applicant proposes to construct a 29-slip marina which includes both fixed and floating docks. 5 of the slips proposed are wet slips, which would be accessed by a shore parallel fixed boardwalk (108 feet long X 6 feet wide), with a floating dock located on the northern side of the property. The remaining 24 slips would be accesse (�� to shore parallel fixed boardwalk (416 feet long X 6 feet wide) with 12 fixed finger Yq§#Vrrying RECEIVED APR 18 JUN 19 2019 MP SECTION WIRO DCM-MHD CITY -2- lengths from 40.5 feet to 50 feet X 3 feet wide). Each of these slips would contain a lift. The proposed access boardwalks would be located water ward of the existing bulkhead, and are separated by an existing boat ramp. All boardwalks and access piers proposed over wetlands would be elevated a minimum of 3 feet over the substrate. Approximately 1,700 square feet of decking would be located over wetlands, and 2,229 square feet of decking would be over open waters. 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 modification to the State authorization: 1. 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 auidelines.pdf. 2. The permittee must install and maintain, at his expense, any signal lights and signals prescribed by the U.S. Coast Guard, through regulations or otherwise, on authorized facilities. For further information, the permittee should contact the U.S. Coast Guard Marine Safety Office at (910) 772-2191. 3. All work authorized by this permit must be performed in strict compliance with the submitted 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. 4.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. 5. 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. 6. All mechanized equipment will be regularly inspected and maintairaggpr/ nt contamination of waters and wetlands from fuels, lubricants, hydraulic fluiEry�offhh``e``r""toxic materials. In the event of a spill of petroleum products or any other hazardous waste the APR 18 2M RECEIVED MP SECTION WIRO JUN 19 2019 DCM-MHD CITY -3- permittee shall immediately report it to the N.C. Division of Water Resources at (919) 733- 5083, Ext. 526 or (800) 662-7956 and provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act will be followed. 7.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. 8. If the permittee discovers any previously unknown historic or archeological remains while accomplishing the authorized work, he will immediately notify the Wilmington District Engineer who will initiate the required coordination procedures. 93he 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. 10. 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). 11. 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. 12. The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before completion of the work will, without expense to the United States and in such time and manner as the Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -project condition. 13. Violations of these conditions or violations of Section 404 of the Clean Water Act or Section 10 of the Rivers and Harbors Act must be reported in writing to the Willf&tWpjrict U.S. Army Corps of Engineers within 24 hours of t%pLerc:EIVED discovery of the violation. APR 18 2019 JUN 19 2019 MP SECTION Wlpr% DCM-MHI) CITY lE Questions or comments may be addressed to Ms. Liz Hair Wilmington Field Office, Regulatory Division, telephone (910) 251-4049 or email at sarah.e.hair@usace.army.mil. Sincerely, Liz Hair, Project Manager Wilmington Regulatory Field Office Electronic copy furnished: Mr. Todd Allen Bowers US EPA Region 4 Life Scientist -Water Protection Division Ms. Courtney Spears/Ms. Debbie Wilson North Carolina Department of Environmental Quality- Division of Coastal Management Ms. Karen Higgins/Mr. Chad Coburn North Carolina Department of Environmental Quality -Division of Water Resources Mr. Pete Benjamin/Mr. John Ellis U.S. Fish and Wildlife Service -Fish and Wildlife Enhancement Dr. Pace Wilber/Mr. Fritz Rohde/Ms. Twyla Cheatwood RECEIVED National Marine Fisheries Service -Habitat Conservation .Division JUN 19 2019 DCM-MHD CITY RECEIVED APR 18 2019 MP SECTION WIRO 1/14/2019 USPS.com® - USPS Tracking® Results K" USPS Tracking® FAQs > (hftps://www.usps.com/fags/uspstracking-fags.htm) Track Another Package + Tracking Number: 70051820000291358009 Remove X Your item was delivered at 12:16 pm on December 11, 2018 in ELKIN, NC 28621. OV Delivered December 11, 2018 at 12:16 pm Delivered ELKIN, NC 28621 m Get Updates a Q m x Text & Email Updates v Tracking History u Product Information v See Less ^ Tracking Number: 70051820000291357996 On Time Expected Delivery on https://tools. usps.comlgofTrackConfirmAction?tLabels=70051820000291358009, %2070051820000291357996 Remove X RECEIVED JUN 19 2019 DCM-MHD CITY 1/3 1 /14/2019 USPS.corrM - USPS Tracking® Results Ak"", THURSDAY 6 DECEMBER 20180 OV Delivered by 8:00pm O December 6, 2018 at 5:16 pm Delivered, Front Desk/Reception/Mail Room OCEAN ISLE BEACH, NC 28469 Get Updates \/ See More \/ Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (https://www.usps.com/fags/uspstracking-faqs.htm) RECEIVED JUN 19 2019 DCM-MHD CITY The easiest tracking number is the one you don't have to know. https://tools.usps.com/gol-rrrackConfirmAcfion?tLabels=70051820000291358009 "/02070051820000291357996 2/3 ROY COOPER NORTH CAROLINA Goventor Enrtron entol Quality MICHAEL S. REGAN secretary BRAXTON C. DAVIS Director SENT VIA USPS January 14, 2019 John Sheffield 57 Causeway Drive Ocean Isle Beach, NC 28469 Dear Mr. Sheffield: Thank you for your recent communication concerning the Coastal Area Management Act (CAMA) Major Permit application submitted by LMG, Inc. on behalf of McMullan Ventures, LLC, in which permission was requested to dredge canal #22 and construct a commercial marina with associated parking in Ocean Isle Beach, North Carolina. The Division of Coastal Management (DCM) appreciates your concerns about the proposed project I can assure you that your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. Your comments will be added to the official permit application file for this project. Please feel free to contact me by phone at (910) 796-7426, or email at courtney.spears@ncdenr.gov if you should have any additional concerns relating to this project cc: WiRO file MHC file Since ely, rtn Spears Assistant Major Permits Coordinator RECEIVED JUN 19 2019 0W— North Carolina Departm in of Environmental Qa Hty I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I W hrington, North Carolina 28405 910.796.7215 DCM-MHD CITY Spears, Courtney From: Weychert, Curtis R Sent: Friday, February 01, 201910:01 AM To: Spears, Courtney Subject: McMullan Ventures Project Courtney, I'm trying to avoid a similar issue to the Lea Marina Project. Would you rather me put in comments or address the contractor to change his plans? As it is currently proposed, there is a very likely chance that this project will have adverse impacts to the shoreline marsh and oysters along the entire length of the project. Ideally we could have a meeting similar to a scoping meeting to talk about this project, but I know that will take a lot of time. My concerns are the potential loss of shellfish and marsh as a result of the proposed alignment of the marina and dredge footprint. Would the.contractor be willing to realign the marina so that the dredge footprint could be moved 15' waterward of the shellfish resource along the shoreline? Also, in an attempt to minimize and avoid the impacts, they could create a marina that would extend as far as possible into the waterway as to not exceed the % width or block navigation, but allow vessels to dock parallel to the channel. This would also reduce their dredge area and reduce impacts and costs. Feel free to give me a call do discuss. Curt Curtis Weychert Fisheries Resource Specialist North Carolina Division of Marine Fisheries North Carolina Department of Environmental Quality 252-808-8050 Curt. WeychertOncdenr. aov 3441 Arendell Street Morehead City, NC 28557 RECEIVED JUN 19 2019 DCM-MHD CITY Spears, Courtney From: Finch, Greg <gfinch@lmgroup.net> Sent: Monday, February 11, 2019 3:20 PM To: Weychert, Curtis R Cc: Spears, Courtney Subject: [External] Re: McMullan Ventures LLC Thanks Curt. Yes, I think we can propose a change that will alleviate resource concerns and still fit their project needs. Could we meet on site one last time at low tide to review? Maybe not following a rain day so the water will be somewhat clearer. Do you have any availability to come down this Thursday at 8:30-9 (oceanfront low tide at 8:30) or sometime next week? Thanks, Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfinchCellmeroup.net Land Management Group I Environmental Consultants 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net On Mon, Feb 11, 2019 at 1:46 PM Weychert, Curtis R <curt.wevchertCcuncdenr.aov> wrote: Hey Greg, hope you had a good weekend. I wanted to circle around and touch base after our meeting on Friday. I didn't know if your clients have decided if they would like to change some of the initial proposed work or if there were planning on seeking a variance on certain conditions of the project. Please let me know as soon as you can so that I can send my comments to Courtney. Thanks, Curt Curtis Weychert Fisheries Resource Specialist North Carolina Division of Marine Fisheries North Carolina Department of Environmental Quality RECEIVED JUN 19 2019 DCM-MHD CITY ROY COOPER Governor MICHAEL S. REGAN Secretary BRAXTON C. DAVIS Director SENT VIA EMAIL Land Management Group, Inc. c/o Greg Finch gfinch(@Imgroup.net Dear Sir: NORTH CAROLINA Environmental Quality March 14, 2019 This letter is in reference to your application for a Coastal Area Management Act Major Permit on behalf of McMullan Ventures, LLC to undertake development activities at their property at 43 Causeway Drive, in Ocean Isle Beach, Brunswick County. Although processing of the application is nearing completion, additional time is needed for this office to complete the review and make a decision on your request. Therefore, it is necessary that the standard review time be extended. An additional 75 days is provided by G.S. 113A-12 2(c) which would make June 2, 2019, the new deadline for reaching a decision on your request. However, we expect to take action prior to that time and will do so as soon as possible. In the interim, should you have any question on the status of your application, do not hesitate to contact me by phone (910-796-7426) or e-mail (courtney.spears@ncdenr.gov). Major Permits Coordinator cc: WiRO file MHC file Liz Hair, USACE, email cc Chad Coburn, DWR, email cc ODE RECEIVED JUN 19 2019 µu North Carolina Department of Environmental Quality I Division of Coastal Management D C M-M H D CITY Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 Spears, Courtney From: Weychert, Curtis R Sent: Monday, February 11, 2019 1:47 PM To: Finch, Greg Cc: Spears, Courtney Subject: McMullan Ventures LLC Hey Greg, hope you had a good weekend. I wanted to circle around and touch base after our meeting on Friday. I didn't know if your clients have decided if they would like to change some of the initial proposed work or if there were planning on seeking a variance on certain conditions of the project. Please let me know as soon as you can so that I can send my comments to Courtney. Thanks, Curt Curtis Weychert Fisheries Resource Specialist North Carolina Division of Marine Fisheries North Carolina Department of Environmental Quality 252-808-8050 Curt. Weychert(o)ncdenr.00v 3441 Arendell Street Morehead City, NC 28557 RECEIVED JUN 19 2019 DCM-MHD CITY 011 AL IV LMG LAND MANAGEMENT GROUP a DAVEY1 company 5/17/19 TO: Courtney Spears North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 2840S RE: 43 Causeway Drive, Ocean Isle Beach Courtney, On behalf of McMullan Ventures LLC, I would like to request that the application review be placed on hold so that the applicant can schedule a meeting to discuss the permit conditions with DCM prior to a permit decision. Please let us know some dates and times that work for you. Sincerely, Greg Finch Land Management Group RECEIVED MAY 14 2019 DCM WILMINGTON, NC www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 RECEIVED 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 JUN 19 2019 DCM-MHD CITY WY COOPER Gova7lar MICHAELS. REGAN Secretary BRAXTON C. DAVIS Director Dear Mr. Finch: NORTH CAROLINA EA!Alr enAvf QLaffty May 17, 2019 This correspondence acknowledges your May 17, 2019 email in which you indicated that your client, Rube McMullan, wishes to place his CAMA Major Permit application in abeyance until a meeting with DCM can be held. Based on this request, processing of your application will be placed on hold until such time as a written request is received in this office requesting a resumption of application processing. As required by NCAC T15A:07J.0204(d), the permit processing period will not run Upon my receipt of a written request to reinitiate processing, the Division of Coastal Management will resume processing of the application at the point where it was terminated. If you have any questions concerning this matter, please feel free to contact me at (910) 796-7426, or by e-mail at courtney.spears@ncdenr.gov. CC: WiRO File MHC File Rube McMullan, applicant Permits Coordinator RECEIVED ODE > JUN 19 2019 DCM-MHD CITY North Carolina Department of EnvironmentaiQuality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 M�cc Spears, Courtney From: Rube McMullan <rubemc@att.net> Sent: Wednesday, June 5, 2019 11:24 AM To: Spears, Courtney Cc: Brant McMullan; Barrett McMullan; Greg Finch; Alan Lewis; Jackson D. Starling Subject: Re: [External] McMullan Ventures LLC - 43 Causeway Dr Courtney. Thanks for meeting with me last week regarding my hope of finding a understanding of why my project is being treated differently than every other project along the canal at OIB in terms of the setback and box cut. Although I don't think there is a legitimate reason, I am respectful of your need to follow the guidance of Curt. As such, our decision is we must move forward with the project based on your mandate of 10' setback and -5 cut. Please proceed with issuance of the permit. Thanks. Rube McMullan Properties 870 Old Canton Rd Marietta, GA 30068\ RubeMc@att.net (770) 977-1852-office (404)372-5523-cell (770) 971-3057-fax On Monday, May 20, 2019, 8:59:19 AM EDT, Spears, Courtney <courtney.spears@ncdenr.gov> wrote: Ok we will see you then. Thank you! Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.spears(c)ncdenr.aov 127 Cardinal Drive Ext. Wilmington, NC 28405 RECEIVED JUN 19 2019 DCM-MHD CITY From: Rube McMullan [mailto:rubemc@att.net] Sent: Monday, May 20, 2019 8:56 AM To: Spears, Courtney <courtney.spears@ncdenr.gov> Cc: Finch, Greg <gfinch@lmgroup.net> Subject: Re: [External] McMullan Ventures LLC - 43 Causeway Dr May 30 at 2:00 works great. See you then. Thanks. Rube McMullan Properties 870 Old Canton Rd Marietta, GA 30068\ RubeMc(a2att.net (770) 977-1852-office (404)372-5523-cell (770)971-3057-fax On Monday, May 20, 2019, 8:32:28 AM EDT, Spears, Courtney <courtney.spears(c)-ncdenr.gov> wrote: Good morning, The only day available the following week is May 301h, either at 10am or anywhere from 2-3pm. Please let me know if any of those times work for you. Thank you, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 910 796 7426 office courtnev.spears(c ncdenr.gov 127 Cardinal Drive Ext. Wilmington, NC 28405 From: Rube McMullan [mailto: rubemcO)att. net] Sent: Friday, May 17, 2019 4:50 PM To: Spears, Courtney <courtnev.spears(cDncdenr.gov> Cc: Finch, Greg <gfinch(cDlmgroup.net> Subject: Re: [External] McMullan Ventures LLC - 43 Causeway Dr Sorry Courtney I am in Atlanta Wednesday. I'll be there Thursday or following week. Thanks Rube Sent from my iPhone On May 17, 2019, at 1:57 PM, Spears. Courtney <courtney.spears(rDncdenr.gov> wrote: Good afternoon, Attached please find the letter placing the application on hold. The only time available for a meeting next week would be Wednesday, May 22 at 10am or 11 am. If that does not work we can look at the following week. Thank you, Courtney Spears Assistant Major Permits Coordinator Division of Coastal Management RECEIVED Department of Environmental Quality JUN 19 2019 3 DCM-MHD CITY 910 796 7426 office courtney.Spears(o7ncden r.goy 127 Cardinal Drive Ext. Wilmington, NC 28405 From: Finch, Greg fmailto:gfinch@lmgroup.netl Sent: Friday, May 17, 2019 12:54 PM To: Spears, Courtney <courtney.spears(a)ncdenr.gov>; Rube McMullan <Rubemc(a att.net> Subject: [External] McMullan Ventures LLC - 43 Causeway Dr Courtney, Please see attached letter that requests that the Subject project is placed on hold so that the applicant (copied) can meet with DCM to review the permit conditions prior to a permit decision. Please let us know some dates/times that are convenient for you. Thank you for your help with this project. Greg Finch I CAMA Section Manager Direct: 910-452-0001 x 1928 1 Cell: 910-470-4734 Email: gfincht7a lmgroup.net Land Management Group I Environmental Consultants - 3805 Wrightsville Avenue, Suite 15 1 Wilmington, NC 28403 1 www.lmgroup.net <McMul lan_hold_letter. pdf> ROY COOPER NORTH CAROLINA Governor EAWranmeMo(QNaft MICHAEL S. REOAN secxefary BRAXTON C. DAVIS June 6, 2019 ➢0r aor SENT VIA EMAIL McMullan Ventures, LLC c/o Rube McMullan rubemc@att.net SUBJECT: Coastal Area Management Act (CAMA) Permit Application Submittal for McMullan Ventures, LLC Dear Mr. McMullan: This letter is in response the above -referenced Coastal Area Management Act (CAMA) permit application, which was accepted as complete on January 3, 2019. On May 17, 2019, processing of this application was placed on hold per your request. This office received an email from you on June 5, 2019 stating that you wish for processing to resume. Therefore, processing of the permit application has officially resumed as of June. 5, 2019. The revised projected 150-day deadline for making a decision is June 20, 2019. Please feel free to contact me by phone at (910) 796-7426 or by e-mail (courtney.spears@ncdenr.gov) if you would like to discuss this matter further. lS' er y, ourtney ars cc: Chad Coburn, DWR Division of Coastal Management Liz Hair, USACE Assistant Major Permits Coordinator WiRO file MHC file RECEIVED JUN 19 2019 North Carolina Deper m of Erwiroranental Quality I DNisIon of Coastal Management Wllmtngton Office 127 Cardlr l Drtve Extension I Wilmington, North Carolina 28405 %G.796.7216 DCM-MHD CITY ROY COOPER NORTH CAROLINA Governor EavR'anme 1W Quality MICHAEL S. RECAN BRAXTON C. DAVIS Dlreaor SENT VIA USPS June 6, 2019 John Sheffield 57 Causeway Drive Ocean Isle Beach, NC 28469 Dear Mr. Sheffield: Thank you for your recent communication concerning the Coastal Area Management Act (CAMA) Major Permit application submitted by McMullan Ventures, LLC, in which permission was requested to construct a marina adjacent to your property located in Ocean Isle Beach, North Carolina. The Division appreciates your concerns about the proposed project In this case no inconsistencies with the Coastal Area Management Act were identified. Consequently, the Division has issued a Major Permits 33-19 for the proposed activities. A copy of the permit is being provided to you for your information. I have included a copy of the third -party appeal form. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. Please feel free to contact me by telephone at (910) 796- 7426, or by email at courtne,LpearsOncdenr.gov with any questions or concerns. cc: WiRO file MHC file Assistant Wior Permits Coordinator DEQ2� RECEIVED JUN 19 2019 North Carolina Department of Environmental Qualtty I Dlvlslon of Coastal Management Wilmington ice 1 127 Cardinal Drive EAenston I Wilmington, North Carolina 28405 970.7%.P215 DCM-MHD CITY ROY COOPER NORTH CAROLINA Governor' Env4nnmm7o l Quaffty MICHAEL 3. REGAN Secretary BRAXTON C DAVIS Director SENT VIA USPS June 6, 2019 John Sheffield 57 Causeway Drive Ocean Isle Beach, NC 28469 Dear Mr. Sheffield: Thank you for your recent communication concerning the Coastal Area Management Act (CAMA) Major Permit application submitted by McMullan Ventures, LLC, in which permission was requested to construct a marina adjacent to your property located in Ocean Isle Beach, North Carolina. The Division appreciates your concerns about the proposed project. In this case no inconsistencies with the Coastal Area Management Act were identified. Consequently, the Division has issued a Major Permits 33-19 for the proposed activities. A copy of the permit is being provided to you for your information. I have included a copy of the third -party appeal form. If you wish to object to the actions taken on this permit application, you may request an appeal of this decision within twenty (20) days of the permit decision. Please feel free to contact me by telephone at (910) 796- 7426, or by email at courtney.spearsOncdenr.eov with any questions or concerns. cc: WiRO file MHC file Assistant Dior Permits Coordinator ODE P RECEIVED JUN 19 2019 North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office i 127 Cardinal Drtve Extension I Wilmington. Nash Carolina 2W5 910.7%.7215 DCM-MHD CITY WY COOPER NORTH CAROLINA 7iawrttar Environmental QoaUty MICItAEL S -REGAN SsarlArg SlbAXTOX C. DAVIS > SENT VIA USPS January 14, 2019 John Sheffield 57 Causeway Drive Ocean Isle Beach, NC 28469 Dear Mr. Sheffield: Thank you for your recent communication concerning the Coastal Area Management Act (CAMA) Major Permit application submitted by LMG, Inc. on behalf of McMullan Ventures, LLC, in which permission was requested to dredge canal #22 and construct a commercial marina with associated parking in Ocean Isle Beach, North Carolina. The Division of Coastal Management (DCM) appreciates your concerns about the proposed project I can assure you that your comments will be examined and taken into consideration prior to the Division taking final action on this permit application, and you will be informed of this final action. Your comments will be added to the official permit application file for this project. Please feel free to contact me by phone at (910) 796-7426, or email at courtney.spears@ncdenr.gov if you should have any additional concerns relating to this project. cc: WiRO file MHC file ?4ely,0 -Z ears Assistant Major Permits Coordinator RECEIVED JAN 16 2019 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive Extenston I. Wilmington, North Carohna.2a405. 910,796.7215 VC D4ision of Coastal Management AEC cape€eaFPiy9F L�Lt- uEi:L- Major Permit Application Computer Sheet Fee: $400 #1229 I ' i A G i \iJkLtbt, CDAITS MHC cc0A1 Applicant: McMulyr,Ventures, LLC AgenttContractor: Land Management Group c/o Greg Finch Project Site County: Brunswick Staff. Tyler McGuire District: Wilmington Project Name: Causeway Drive Marina Rover File: River Basin: Initial date of application submittal: 12-7-18 Date application "received as complete" in the Field office 4 1-3 _ SITE DESCRIPTIOWPERMIT INFORMATION ORW: Yes No PNA: Yes No Photos Taken: Yes ❑ No0 Setback Required (riparian): ❑Yes ®No Critical Habitat: [-]Yes []No XNot Sure 15 foot waiver obtained: ❑Yes (RNO Hazard Notification Returned: []Yes []No I /VIA SAV: Yes ®No ❑Not Sure Shell Bottom: DYes No ® Not Temporary Impacts: XYes ❑No Sure Sandbags: Yes f KNo ❑ Not Sure Did the land use classification come Mitigation Required (optional): R� from county LUP: C9Yes ❑No []Yes PgNo CE/V Moratorium Conditions: Environmental Assessment Done: Length of Shoreline: ❑Yes ❑No ®NA []Yes ❑No ®NA 624 FT. BAN I 5 Shellfish Area Designation: Project Description: (code) Development Area: ( A4gq Ht� Open -o Closed 4A n//A C� SECONDARY WATER CLASSIFICATION - OPTIONAL (choose MAX of 4) LJ Future Water Supply (FWS) ❑ Nutrient Sensitive Waters (NSW) ❑ Swamp Waters (SW) fiU High Quality Waters (HQW) ❑ Outstanding Resource Waters (ORW) WETLANDSIMPACTED Lj (404) Corp. of Engineers (Jurisdictional ❑ (LS) Sea lavender (Limonium sp.) El (SS) Glasswort ( Salicomia sp.) wetlands) ❑ (CJ) Saw grass (Cladium jamaicense) NJ (SA) Sall marsh cordgrass (Spartina ❑ (SY) Salt reed grass (Spartina altemiflora) cynosuroides) (DS) Salt or spike grass (Distichlis [I (SC) Bullrush or three square (Scirpus (TY )Cattail (Typha sp.) spicata) sp.) El (JR) Black needlerush (Juncos (SP) Salt/meadow grass (Spartina roemerianus) patens) APPLICATION FEE El No fee required - $0.00 El III(A) Private w/ D&F up to 1 acre; 3490 X III(D) Priv. public or Comm w/ D&F to 1 can be applied - $250 acre; 4144 can't be applied - $400 ❑ Minor Modification to a )AMA Major Major Modification to a )AMA Major IV Any development involving D&F of permit - $100 permit - $250 more than 1 acre - $475 ❑ Permit Transfer - $100 ❑ III(B) Public or commercial w/ D&F to 1 ❑ Express Permit - $2000 acre; 4144 can be applied - $400 El Major development extension request - II. Publicorcommercial/no dredge $100 and/or fill - $400 ❑ 1. Private no dredge and/or fill - $250 ❑ III(C) Priv. public or Comm w /D&F to 1 acre; 4144 can be applied; DCM needs DWQ agreement - $400 1� I 'j?S* McMu1* Ventures LLC A/„ Date: 12-7-18O/� Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet. Activity Name Number TYPE Choose One REPLACE Choose One Dimension 1 Dimension 2 Dimension 3 Dimension 4 Us I New Work Maint❑ Replace ❑YN ,t 4�aM S84KA - 3 New Work Maint ❑ Replace ❑ V N # A New Work ® Maint ❑ Replace ❑ Y ,R N c r l u ro Nx 15 S I New Work XL Maint ❑ Replace ❑ Y MN � GEd6 8 uraE ,s, New Work CK Maint❑ Replace ❑Y [jaN 4Z7LWv,m 5 New Work I Mart [I Replace Ely ®N � � � I.oMCa -2 31 W Iva New Work Replace r Maint 04 V IDE -fir YAc-f lerA41,r New Work Replace r 4t,, o{ A r 1'- 1' �0-L-j /Vo E Describe below the HABITAT disturbances for the application. All values should match the name. and units of measurement found in your Habitat code sheet. TOTAL Sq. Ft FINAL Sq. Ft TOAL Feet FINAL Feet (Applied for. (Anticipated final (p'lied for. (Anticipated final Habitat Name DISTURB TYPE Disturbance total disturbance. Di turban a -ncludes disturbance. Choose One includes any Excludes any tota Excludes any anticipated restoration any a icipated restoration a /or restoration or and/or temp restoralkon or temp impa temp impacts) impact amount) temp im cts amount + Dredge g Fill ❑ Both ❑ Other ❑ 2g� j 2-7- 2,?, 1 28.f+2 ODredge ❑ Fill ❑ Both ❑ Other 2i12 R ;+ & Zy Z 29 -4 Dredge ❑ Fill Both ❑ Other ❑ /- 23/ 5�2 G-� Dredge Fi11JQ Both [IOther ❑ 3 z�3 F4= 3i Z:D3 jt i W Dredge ❑ Fill ❑ Both ❑ Other a !/ 700 (' 10O Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ 919.733-2293 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 10112106 Name: Date: I l i 1 q G-3 Describe below the ACTIVITIES that have been applied for. All values should match the dimension order, and units of measurement found in your Activities code sheet TYPE REPLACE Activity Name Number Choose Choose Dimension 1 Dimension 2 Dimension 3 Dimension 4 One One G E1,1CzT14 WIDT1i I New Workjg Replace 40 Vim Maint ❑ [IY XN New Work ce -ReplEl Z 7 r Maint El Y El Y N J9 3 F New Work CO Replace r i'�i-� Maint ❑ ❑ Y WIN 'F? New Work Replace 7 r Maint❑ ❑Y EZN -F P New Work CK Replace 4-4 /2 r Z 3 / Maint ❑ ❑ Y 5. N f'� I- P New Wo Maint ❑ Replace ❑ Y ERN 4,51 3 L t� ' New Work � �5 i/Z Z j I 1� Maint ❑ El Y (R N cJ New Work NJ Replace q--7 Maint ❑ ❑ Y RN n �7 New Work Replace 14, /Z Y Y L Maint ❑ ❑ Y [9N c3 j� P ` New Work Replace Q r 3 I— 1 Maint ❑ [IY® N tn7 1 New Work Replace F"" Maint ❑ ❑ Y 5d N (� 1 New Work Maint ❑ Replace ❑ Y 5a N New Work Replace 1 1 R Maint ❑ ❑ Y ®N ' i9 New Work Replace / 4) 1 R Maint ❑ ❑ Y CZ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N R� New Work ❑ Replace vt Maint ❑ ❑ Y ❑ N New Work ❑ Replace 152014 Maint ❑ ❑ Y ❑ N o New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work ❑ Replace Maint ❑ ❑ Y ❑ N 919-733-2293 :: 1.888-4RC0AST :: www.riccoastaimanagement.nei revised: 02125H8 Major Permit Fee Schedule RFC4Ev4E�o JAN 15 ?019 D Project Name: lf-�S (,AttisswAy �t,ounty: tR.LXN— 5 cJ 1 c Check No & Amount: C/rY OCEAN =sue gaAC-" I'?" -,I L1cti''lr'� DCM % DWQ % Development Type Fee (14300160143510009316256253) (2430016024351000952341) I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: $250 100% ($250) 0% ($0) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) III. For development that involves the filing and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 4144 (See attached) can be applied: $250 100% ($250) 0% ($0) III(B). Public or commercial development, if General Water Quality Certification No. 144 (See attached) can be applied: $400 100% ($400) 0% ($0) I II(C). If General Water Quality Certification No. 4144 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water qualit $400 60% ($240) 40% ($160) III(D). If General Water Quality±filling Certification No. 4144 (see attaccannot be applied: 60%($240) AO%($160) IV. Development that involves thand/or excavation of more than of wetlands and/or open water a 60% ($285) 40% ($190) Date Date Check From Name of Vendor Check Check Permit Rct. # Received Deposited Permit Holder Number amount Number/Comments 12/7/2018 Davey Resource McMullen United Bank 1229 $400.00 major fee, 43 Causeway Drive, TP rct. 7000 Group Inc Ventures LLC c/o Ocean Isle Beach BrCo SPLIT Rube McMullen 60/40 RECEIVED JAN 15 2019 DCM-MHD CITY RECOMMENDATIONS FOR McMullan Ventures. LLC. c/o RUBE MCMULLAN 1/10/2019 As proposed, the project appears to be CONSISTENT with the Specific Use Standards for Estuarine Waters and Public Trust Areas, as set forth in NCAC 07H .0208 (b), and also appears to be CONSISTENT with the Use Standards for Coastal Shorelines, as set forth in NCAC 07H .0209 (d). This office has no objection to the proposed work, provided that it is consistent with all other local, state, and federal permitting requirements. In the absence of any concerns from the commenting agencies, it is recommended that a permit be issued subject to the standard dredging and marina docking facility development as well as the following conditions: Excavation must maintain a minimum of 10' offset from coastal wetlands and will not exceed -6' below the normal low water level or deeper than the connecting waters. 2. All excavated materials shall be confined above mean high water and landward of wetlands behind adequate dikes or other erosion control structures to prevent spill -over of solids into any marsh, wetlands, or surrounding waters. No spoil materials shall be placed within the 30' Coastal Shoreline Buffer. All excavated materials are to be deposited into the approved spoil disposal site located at 5790 Old Georgetown Road SW. 3. Excavation shall not exceed -6.0' at mean low water or deeper than connecting waters. F?ECEI QED BAN 15 2019 JCM,MND ciry, 0 NORTH CAROLINA Enwronmenfal Ouahq, January 11, 2019 Advertising@stamewsonline.com 2 Pages Star News Legal Advertisement Section Post Office Box 840 Wilmington, North Carolina 28402 Re: Major Public Notice Combo: • McMullan Ventures, LLC ROY COOPER Gmwmnr MICHAEL S. REGAN Secretary BRAXTON DAVIS Director. DivA.ion of("oaWal MmwgemV1t Hello Angie: Please publish the attached Notice in the Wednesday, January 16, 2019 issue. The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the original affidavit and invoice for payment to Shaun Simpson at the NC Division of Coastal Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226. Paying by credit card to the attention of Jarimy Springer, (Ref acct # 796-7215). Please email a copy of the credit card receipt to me. Thank you for your assistance in this matter. If you should have any questions, please contact me at our Wilmington office. RF�E/V�D Sincerely, JqN 1 ACM. M N 5 � Shaun K. Simpson o C/ Permitting Support & Customer Assistance 1' cc: MHC file Courtney Spears - WiRO Liz Hair - USACE Stare of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215 NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environmental Quality hereby gives public notice as required by NCGS 113A- 119(b) that the following application was submitted for a development permit in an Area of Environmental Concern as designated under the CAMA: On January 3, 2019, McMullan Ventures, LLC proposed to dredge and develop a commercial marina at 43 Causeway Drive, adjacent to a manmade canal off the AIWW, in Ocean Isle Beach, Brunswick County. A copy of the application can be examined or copied at the office of Tyler McGuire, N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive Ext., Wilmington, NC 28405, (910-796-7424) during normal business hours. Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City, NC 28557-3421, prior to February 5, 2019 will be considered in making the permit decision. Later comments will be accepted and considered up to the time of permit decision. Project modification may occur based on review and comment by the public and state and federal agencies. Notice of the permit decision in these matters will be provided upon written request. aFCE/L/Fo JANIs oc� 201g �ryoC/ DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. APPLICANT'S NAME: McMullan Ventures, LLC. c/o Rube McMullan 2. LOCATION OF PROJECT SITE: 43 Causeway Drive adjacent a manmade canal off of the AIWW, in Ocean Isle Beach, Brunswick County PHOTO INDEX: 2006 M-6586 1-6155 G-13 14 15 LATITUDE: 33' 53' 30" N LONGITUDE: 78' 26' 16" W 3. INVESTIGATION TYPE: CAMA/D&F 4. INVESTIGATIVE PROCEDURE: Date of Site Visit: December 17, 2018 Applicant/Agent Present: NO 5. PROCESSING PROCEDURE: Application Received: December4, 2018 Application Completed: January 3, 2019 Office: Wilmington 6. SIT(A) E DESCRIPTION: Local Land Use Plan: Brunswick County �q��CF/CFO Land Classification From LUP: Commercial NI (B) Dependent:l:ES, PTS, CW, EW, & PTA 0%. Zo1 Water g (C) Intended Use: Commercial Marina Docking Facility (D) Wastewater Treatment: Existing — None Planned — N/A (E) Type of Structures: Existing — Drive & Parking, Boat Ramp, Bulkhead, & Dock Remnants Planned — Dredging & Commercial Marina Construction (F) Estimated Annual Rate of Erosion: N/A 7. HABITAT DESCRIPTION: [AREA] DREDGED FILLED OTHER (A) Uplands N/A 23,562 ft2 3,263 ft2 (Temporary Spoil) (Decking/Parking) (B) Vegetated Wetlands N/A N/A 1,700 ft2 (Decking) (C) Open Water 28,128 ft2 N/A 2,229 ft2 (Decking) (D) Total Area Disturbed: 58,882 ft2 (1.35 Acres) (E) Primary Nursery Area: NO (F) Water Classification: SA; HQW (G) Shellfish Harvesting Open: NO 8. PROJECT SUMMARY: The applicant is proposing to perform dredging and then construct a new commercial marina along the manmade canal. 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 122T06) Pecieveo JqN 15 2019 DCM_MH1) CITY 0 North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name McMull1n Ventures LLC Project Name (if applicable) 43 Causeway Drive Applicant 1: First Name MI Last Name Rube NA McMullin i Applicant 2: First Name MI Last Name NA NA NA If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 870 Old Canton Road Marietta GA ZIP Country Phone No. FAX No. 30068 USA 404-372-5523 NA Street Address (if different from above) City State ZIP NA Email rubemc@aft.net 2. Agent(Contractor Information Business Name Land Management Group, Inc. Agent/ Contractor 1: First Name MI Last Name Greg Finch Agent/ Contractor 2: First Name MI Last Name Rob Moul Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wilmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. NA NA ext. NA FAX No. Contractor 0 NA NA Street Address (d different from above) City State ZIP NA Email gfinch@lmgroup.net; nnoul@lmgroup.net Kt_I:tlVtU DCM WILMINGTON, NC CAMA Permit Application for Major Development — December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina RECEIVED 3. Project Location 019 County (can be multiple) Street Address -MHD CIT State Rd. # Brunswick 43 Causeway Drive NA Subdivision Name City State Zip NA Ocean Isle Beach NC 28469 Phone No. Lot No.(s) (if many, attach additional page with list) NA NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project Lapa:Sesr LpN 141 V'111/t$ Ocean Isle Beach Commercial Canal and AMNV c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. ❑Natural [OManmade []Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Town of Ocean Isle Beach 4. Site Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 624' 1.81 +/_ acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4 MNHW or ❑NWL e. Vegetation on tract Lawn grasses with some native shrubs and trees. f. Man-made features and uses now on tract Marl parking and drive, commercial dock remnants, boat ramp and bulkhead. g. Identify and describe the existing land uses adjacent to the proposed project site. Commercial. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? C2 (Attach zoning compliance certificate, If applicable) ®Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ®No (:]NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does ft involve a National []Yes ®No ❑NA Register listed or eligible property? RECEIVED DCM WILMINCTON, NC CAMA Permit Application for Major Development — December 2028 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina m. (i) Are there wetlands on the site? ®Yes []No (ii) Are there coastal wetlands on the site? ®Yes []No rTt�-C+GVC' (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) JAN n. Describe existing wastewater treatment facilities. D None M MHO C/T o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts a. Will the project be for commercial, public, or private use? ®Commercial ❑PubliclGovemment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to conduct maintenance dredging to support the proposed 29-slip docking facility. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Bucket to barge or dragline maintenance dredging. d. List all development activities you propose. Maintenance dredging, construction of a 29-slip docking facility and supporting pervious parking and access drive. e. Are the proposed activities maintenance of an existing project, new work, or both? New f. What is the approximate total disturbed land area resulting from the proposed project? 57,020 ®Sq.Ft or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area []Yes ®No []NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. i. Will wastewater or stonnwater be discharged into a wetland? -No new discharges ❑Yes ®No ❑NA If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ®NA j. Is there any mitigation proposed? ❑Yes ®No [INA If yes, attach a mitigation proposal. RECEIVED DCM WILMINGTON NC LAMA Permit Application for Major Development — December 2015 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name The Bonanza Group LLC Phone No. NA Address PO Box 687, Elkin, NC 28621 Name John and Wendy Sheffield Phone No. NA Address 57 Causeway Drive, Ocean Isle Beach, NC 28469 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, pennittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. I. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 1 7. Certification and Permission to Enter on Land I I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 12/3/2018 Print Name: Greg Finch, Agent. Land Management Group. Inc. Signature rc�(C°� ,aJ1311t Please indicate application attachments pertainingto your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MPA Structures Information CAMA Permit Application for Major Development — December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina RFCFIV jeD JAN 15 2019 ')CM -MHO C/T y RECEIVED DCM WILMIN{ T IN. NC EC 04 4 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access Other (excluding Channel Canal Boat Boat Rock Rock shoreline (NLW or Basin Ramp Groin Breakwater stabilization) NWL Length 584' Width Average: 45' Avg. Existing _3/MLW NA NA Depth Final Project -6 MLW NA NA Depth 1. EXCAVATION ❑This section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. —3,350 cy Sand and sift c. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB ❑WL ®None (ii) Describe the purpose of the excavation in these areas: NA d. High -ground excavation in cubic yards. None RECEIVED BAN 15 2019 DCM-MHD CITY 12. DISPOSAL OF EXCAVATED MATERIAL ❑This section not applicable a. Location of disposal area. 5790 Old Georgetown Rd 5W. See Appendix C. C. (i) Do you claim title to disposal area? ❑Yes ®No ❑NA (ii) If no, attach a letter granting pennission from the owner e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB _ OWL ®None (ii) Describe the purpose of disposal in these areas: NA b. Dimensions of disposal area. Irregular, less than 1 acre. d. (i) Will a disposal area be available for future maintenance? ❑Yes ®No ❑NA (ii) If yes, where? NA I. (i) Does the disposal include any area in the water? ❑Yes ®No ❑NA (ii) If yes, how much water area is affected? Upland disposal location to be detemrined. RECEIVED DCM WILMINGTON, NC DEC 0 4 211P LAMA Permit Application for Major Development - December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina 5 3. SHORELINE STABILIZATION ®This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: []Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other: c. Average distance waterwanl of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other i. Source of fill material. b. Length: Width: d. Maximum distance watenvard of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? []Yes ❑No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a. (i) Will fill material be brought to the site? []Yes ®No []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill 5. GENERAL a. How will excavated or fill material be kept on site and en controlled? Existing vegetation, sift fence and/or berm at disposal location. suomergeo aquatic vegetaton tbHv/, snen oonom tba/, or orner wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB OWL ®None (ii) Describe the purpose of the fill in these areas: NA What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Bucket to barge or dragline. c. (i) Will navigational aids be required as a result of the project? d. (i) Will wetlands be crossed in transporting equipment to project ❑Yes ®No ❑NA site? ❑Yes ®No []NA (ii) If yes, explain what type and how they will be implemented. (ii) If yes, explain steps that will be taken to avoid or minimize NA environmental impacts. NA Date 12/3/2018 Project Name RECEIVED 43 Causeway Drive Applicant Name McMuU4n Ventures LLC 1 DCM-MHD CITY Appl,caant Signature n RECEIVED ✓ ` rti ► / / Greg Finch, Agent, Land Management Group, Inc. DCM WILMINGTON, NC LAMA Permit Application for Major Development — December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina 11 3. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) GENERAL UPLAND DEVELOPMENT a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed. t No new buildings. Designated pervious parking only. See Appendix A. c. Density (give the number of residential units and the units per acre). NA e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ®No ❑NA (ii) If yes, list the date submitted: Pending g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Less than 30% BUA. No new impervious. 4" of #57 stone underlain with geotextile fabric for access drive and designated parking. i. Give the percentage of the entire tract to be covered by impervious and/or buik-upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Less than 30% BUA. No new impervious areas. 4" of #57 stone underlain with geotextile fabric for access drive and designated parking. Concrete handicap space is 490 s.f. and NCDOT asphalt drivey is 518 s.f., both over existing marl. j. Describe proposed method of sewage disposal. NA I. Describe location and type of proposed discharges to waters of the state (e.g., surface runoff, sanitary wastewater, industrial/ commercial effluent, "wash down" and residential discharges). Surface runoff d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. Greater than one acre, no increase in BUA due to existing mad cover on the site. f. List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. Concrete handicap space and NCDOT asphalt driveway. h. Projects that require a CAMA Major Development Permit may also require a Stomtwater Certification. (i) Has a site development plan been submitted to the Division of Water Duality for review? ❑Yes ®No ❑NA (ii) If yes, list the date submitted: Pending Have the facilities described in Item (i) received state or local approval? ❑Yes ®No ❑NA If yes, attach appropriate documentation. m. Does the proposed project include an innovatilvdArInnwater design? CIvE VEJ) ❑Yes ®No ❑NA If yes, attach appropriate documentation. ,BAN Y5201g RECEIVED �CM�MH� C17. nc�.r WI6AgN6TE)fd-?Q CAMA Permit Application for Major Development — December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina 7 m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) NA o. When was the lot(s) platted and recorded? 1943 12/3/2018 D"t, 43 Causeway Drive rr/li('IL \'.11i10 McMullifn Ventures LLC \pplictnt SiGnnturc/r n. (i) Will water be impounded? ❑Yes NNo ❑NA (ii) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes []No NNA RECEIVED JAN 15 2019 DCM`MHD CITY RECEIVED "`"" GTAN, Pile CAMA Permit Application for Major Development — December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina 8 .♦ .. � � ..- .. �...r , ,'. �, 4. Form DCM MP-4 Structures (Construction within Public Trust Areas) 1. DOCKING FACILITY/MARINA CHARACTERISTICS a. (i) Is the docking facility/marina: ®Commercial ❑PublictGovemment ❑Private/Community c. (i) Dock(s) and/or pier(s) (li) Number See Table on Sheet 3 of 4. Appendix A (iii) Length (iv) Width (v) Floating ❑Yes ❑No e. (i) Are Platforms included? ❑Yes ®No If yes: (ii) Number (iii) Length IN) Width (v) Floating ❑Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 29 (ii) Number of slips existing 0 i. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel ❑Open water; no dredging required ❑Other, please describe: k. Typical boat length: 25' m. (i) Will the facility have tie pilings? ❑Yes ®No III) If yes number of tie pilings? []This section not applicable b. (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? ®Yes []No If yes: (ii) Number See Table on Sheet 3 of 4. Appendix A (iii) Length (iv) Width (v) Floating []Yes ❑No f. (i) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number 24 (iii) Length 11.5 (iv) Width 15 h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage (Wet slips) only, number of slips: 5�t 24 lift slips ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed types I. (i) Will the facility be open to the general public? ❑Yes ®No Restaurant and charter patrons during business hours RECEIVED JAN 15 2019 RECEIVED DCM-MHD CIT CAMA Permit Application for Major Development — December 2018- 43 Causeway Drive DEC 0 4 2018 Ocean Isle Beach, Brunswick County, North Carolina 9 2. DOCKING FACILITY/MARINA OPERATIONS ❑This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. NA c. Describe the disposal of solid waste, fish offal and trash. Municipal trash service. d. How will overboard discharge of sewage from boats be controlled? No overboard discharge sign/policy. e. (i) Give the location and number of "No Sewage Discharge" signs proposed. One at northern end of docking facility. (ii) Give the location and number of "Pumpout Available' signs proposed. No pumpout proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. NA g. Where will residue from vessel maintenance be disposed of? NA h. Give the number of channel markers and "No Wake" signs proposed. None i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. NA j. What will be the marina policy on overnight and live -aboard dockage? No live -aboard dockage. k. Describe design measures that promote boat basin flushing? NA, existing canal. L If this project is an expansion of an existing marina, what types of services are currently provided? NA m. Is the marinaldocking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marinaldocking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OCW o ❑SAV ❑SB RECEIVED OWL 2 ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No BAN 15 2019 If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. D CM-MHp CITY RECEIVED CAMA Permit Application for Major Development — December 2018 43 Causeway Drive DEC 0 4 2018 Ocean Isle Beach, Brunswick County, North Carolina 10 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse stmclure(s): []Commercial ❑PubliclGovemment ❑Private/Community (ii) Number (iii) Length IN) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z Excavation and Fill.) ®This section not applicable a. (i) Number (it) Length (iii) Width 5. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NAIL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Govemment ❑Private/Community Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) REC�/V�O JAN 15 2019 DCM MHD C/Ty CAMA Permit Application for Major Development — December Z018 KtUI:DCM WILMI:Ivt:D NC 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina DEC 0 4 2018 11 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines Greater than 15'. Note: For buoy or mooring piling, use arc of swing including length of vessel. c. Width of water body Varies from —95' to 128' e. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (if) If yes, explain what type and how they will be implemented. NA b. Proximity of structure(s) to adjacent docking facilities. Greater than 15'. d. Water depth at watenward end of structure at NLW or NWL - 6' MLW 8. OTHER ®This section not applicable a. Give complete description: 12/3/2018 43 Causeway Drive Project Numc McMull�n Properties LLC 1 r4 Applicant Nam, 41 Agent, Land Management Group, Inc. \pplicanr ji noun mr.,j; Ga IlJ ly I8 `-c ruED �52019 RECEIVED �`M_MHD CI DCM WILMINGTON, NC CAMA Permit Application for Major Development — December 2018 DEC 0 4 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina 12 E 55cccccccc cam 929aea9R9919p lnriCtlg4lar[i 9SSa S9SS5SSS 9@e � sEEEEssEEssE�� fr6A5G:5955 e.$ aaAaA[9RA6AA enrnraraa[en'� SSS 3SSSS3°SS � YYCSYY°EE6 GE�� �adpe�� mim s r a�mii� 9 9g6i�i° �ii€3 r �iliE as ! \ RaAaA!!!!!!!a!la a 9 ARC a99aA9aaaa9Aaaa99a! aaaea[naaa4ea[rrr:c�� SSASS YYYEEEEEEYEE@EEEEY=I 53SSSS9SS°:SAS \ \ vvv • vy; � - 1 ` 1 \ e, a \ 1 1 \ gp , MsiM000N01itONSSi1 MFOR: P MCMULLANVENTURES,LLC Eastcoost A ENC I K \ 1 1 �qqI ii 6 F BATBYAUii RIC SURVEY FOR: a$"�III MCMULLAN VENTURES, LLC O East Coast Enginnoer" & Surveying, P.0 r �.m �% L messe�eunv Mx� �1_©AFa.o 01x ❑'❑. ❑'© ©,max o �Ao.o�� a p 9 i. _______ar ____ ___ _______ __' _ __ _ _ ______�_______ __-_ wruu mnimnmewxeco tmuu-�urcm+ .F•nvyn[rt� mcavur. vunm m..xuueenm mur ---------------- lr "CHAT U a R H B �11 as a qG "p E ggn'�5�"gn �a�amg� p n tE� i iF ;ill � , •�;1 .t a f � �•, � Idl � , m _ q',, I • ® . i 6R' '• ; •� � I •'• •' I I lEj �• u i F�, I $ E w I I VA momommum IPA sA r ¢ s _ � '••i'••'1'I 21aF�� B qq8e ----------------------- _ . .. . .. o a :8 a Im •�e � I IS I F� 69i C• ! S R5! y� r 9YY YIR o y I i CAMA MAJOR MAINTENANCE DREDGE PLAN Poa ti East Coost Engin en 3 Surveying. P.C. j r p o i 9gt E s< 3a Y a I MCMULLAN VENTURES LLC. OC9M,IS DItACH. NO0.TH CAROLINA srtcwssxs• [vs•suxvsroxs \ g E a • tl ROY COOPER Governor MICHAEL S. REGAN secretory BRAXTON C. DAVIS okwor McMullan Ventures, LLC c/o Rube McMullan 870 Old Canton Road Marietta, GA 30068 Dear Mr. McMullan: N> iwOtul�� NORTH CAROLINA Environmental Quality June 7, 2019 The enclosed permit constitutes authorization under the Coastal Area Management Act, and where applicable, the State Dredge and Fill Law, for you to proceed with your project proposal. The original (buff -colored form) is retained by you and it must be available on site when the project Is Inspected for compliance. Please sign both the gold original and the white copy and return the white copy to this office in the enclosed envelope. Signing the permit and proceeding means you have waived your right of appeal described below. If you object to the permit or any of the conditions, you may request a hearing pursuant to NCGS 113A- 121.1 or 113-229. Your petition for a hearing must be filed in accordance with NCGS Chapter 150E with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27611-6714, (919) 733-2698 within twenty (20) days of this decision on your permit. You should also be aware that another qualified party may submit an objection to the issuance of this permit within twenty (20) days. The project plan is subject to those conditions appearing on the permit form. Otherwise, all work must be carried out in accordance with your application. Modifications, time extensions, and future maintenance requires additional approval. Please read your permit carefully prior to starting work and review all project plans, as approved. if you plan to have the work done by a contractor, it would be to your benefit to be sure that he fully understands all permit requirements. From time to time, Department personnel will visit the project site. To facilitate this review, we request that you complete and mail the yellow Notice Cord just prior to work initiation. However, if questions arise concerning permit conditions, environmental safeguards, or problem areas, you may contact Department personnel at any time for assistance. By working in accordance with the permit, you will be helping to protect our vitally important coastal resources. Sincerely, Douglas ettV— 8 ' Major Permits and Consistency Manager N.C. Division of Coastal Management Enclosure: RECEIVED WiRO Greg Finch & Rob Moul - Agent MAY 0 7 2G: J North Carolina Department of r:nvironmenlal Quality I Division of Coastal Management Wilmington Office 1127 Cardinal Drive ratenston I Wilmington North Carolina 28405 910.796,7215 DCM WILMINGTON. NC RECEIVED MAY 2 S 2020 DCM-MHD CITY AGENT AUTHORIZATION FOR LAMA PER IT APPLICATION McMullan Ventures. LLC clo Rube McMullan Name of Property owner Requesting Permit: 870 Old Canton Rd Mailing Address: Marietta, GA 30066 404-372-5523 Phone Number: rubemc(a@att.net Email Address: Land Management Group I certify that 1 have authorized Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits modifications to DCM Permit necessary for the following proposed development: #33-19 at my property located at 43 Causeway Drive, Ocean Isle Beach in Brunswick County. I furthermore certify that 1 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: Sig/nature Print or Type Name Title 30lzoz� Dale This certification is valid through 12 131 t 2021 0-0011E1 MPS 0 110 QCM WIIM�145TON, NC RECEIVED MAY 2 8 2020 ATTACHMENT B ADJACENT RIPARIAN LANDOWNER NOTIFICATION LETTERS RECEIVED MAY �kbVED DCM WIL ij�ti ON, NC 8 S 2020 DCM-MHD CITY or DCM Coordinator: Permit #: MAILING DISTRIBUTION SHEET Agents: DCM Field Offices Elizabeth City Washington (with revised work plan drawings) Morehead City Wilmington (OBJECTIONS ) US ACOE Offices: Washington: Raleigh Bland (Beaufort, Camden, Chowan, Craven, Hertford, Hyde, Perquimans, Tyrrell) Josh Pelletier (Bertie, Currituck, Dare, Gates, Pamlico, Pasquotank, Washington) Tom Steffan (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 Environmental.Review@ncdcr.gov Heidi Cox (WIRO) Kim Harding David Harris Shannon Jenkins / Sharon Gupton Tim Walton / Mike Moser Sheri Montalvo / Shelton Sullivan Clif Whitfield (WARD) Jimmy Harrison Washington: Anthony Scarbraugh-401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Robb Mairs — 401 (Brunswick, New Hanover) Holley Snider — 401 (Carteret, Onslow, Pender) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARO) Natural Heritage Program Rodney Butler LPO: (NCDOT) Travis Wilson 1. Form DCM-MP-1 APPLICATION for Major Development Permit (last revised 12127/06) HSCEi��O JAN 15 20j9 OCU�A4HC CtTy North Carolina DIVISION OF COASTAL MANAGEMENT 1. Prima, A i)cant/ Landowner Information _ ry pp Business Name Project Name (if applicable) McMult Ventures LLC 43 Causeway Drive Applicant 1: First Name MI Last Name Rube NA McMullin is 17.0 Applicant 2: First Name MI Last Name NA NA NA If additional applicants, please attach an additional page(s) with names listed. Mailing Address _ PO Box City State 870 Old Canton Road Marietta GA ZIP Country Phone No. FAX No. - 30068 USA 404-372-5523 NA Street Address (if different from above) City State ZIP NA Email rubemc@att.net 2. AgeneContractorinformation Business Name Land Management Group, Inc. Agent/ Contractor 1: First Name MI Last Name Greg Finch Agent/ Contractor 2: First Name MI Last Name Rob Moul Mailing Address PO Box City State 3805 Wrightsville Avenue, Suite 15 Wlmington NC ZIP Phone No. 1 Phone No. 2 28403 910-452-0001 ext. NA NA ext. NA FAX No. Contractor # NA NA Street Address (if different from above) city. State ZIP NA Email gfinch@lmgroup.net; rmoul@lmgroup.net DCM WILMINGTON, NC CAMA Permit Application for Major Development - December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina RECEIVED 3. 019 Projecttocafion County (can be multiple) Street Address M-MHD CIT)r state Rd. # Brunswick 43 Causeway Drive NA Subdivision Name city State Zip NA Ocean Isle Beach NC 28469 Phone No. Lot No.(s) (if many, attach additional page with list) NA NA a. In which NC river basin is the project located? b. Name of body of water nearest to proposed project —capemeer L.MV n yl t}(tg Ocean Isle Beach Commercial Canal and AIWW c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. []Natural ®Manmade ❑Unknown AIWW e. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed ®Yes ❑No work falls within. Town of Ocean Isle Beach 4 Situ Description a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) 624' 1.81 +/- acres c. Size of individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or NA NWL (normal water level) (If many lot sizes, please attach additional page with a list) 4 ®NHW or ❑NWL e. Vegetation on tract Lawn grasses with some native shrubs and trees. f. Man-made features and uses now on tract Marl parking and drive, commercial dock remnants, boat ramp and bulkhead. g. Identify and describe the existing land uses ad'acent to the proposed project site. Commercial. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? C2 (Attach zoning compliance certificate, if applicable) EYes [:]No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ❑Yes ENo - k. Has a professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ENo ❑NA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does it involve a National ❑Yes ENo []NA Register listed or eligible property? RECEIVED DCM WILM. C ON, NO CAMA Permit Application for Major Development — December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina m. (i) Are there wetlands on the site? - EYes []No (ii) Are there coastal wetlands on the site? ®Yes ❑No ;?EC'eiv F (iii) If yes to either (i) or (ii) above, has a delineation been conducted? ®Yes []No (Attach documentation, if available) JAN n. Describe existing wastewater treatment facilities. ,O None AHD C 7. o. Describe existing drinking water supply source. None p. Describe existing storm water management or treatment systems. None 5. Activities and Impacts.., , a. Will the project be for commercial, public, or private use? ®Commercial ❑Public/Government ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of the project is to conduct maintenance dredging to support the proposed 29-slip docking facility. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Bucket to barge or dragline maintenance dredging. d. List all development activities you propose. Maintenance dredging, construction of a 29-slip docking facility and supporting pervious parking and access drive. e. Are the proposed activities maintenance of an existing project, new work, or both? New I. What is the approximate total disturbed land area resulting from the proposed project? 57,020 ESq.R or ❑Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ENo ❑NA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No new discharges. i. Will wastewater or stormwater be discharged into a wetland? -No new discharges ❑Yes ENo ❑NA If yes, will this discharged water be of the same salinity as the receiving water? []Yes []No ENA j. Is there any mitigation proposed? []Yes ENo ❑NA If yes, attach a mitigation proposal. RECEIVED DCM WILMINGTON..NC CAMA Permit Application for Major Development — December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina 6. Additionallnformation In addihon°to.this completed_ application Porm, (MP-i), the following items below if applicable, must he'submdted in order for the applicauon '.package to:'be complete:',;Items (a)- {f) are always applicable to any y major,developinent application: `Blease consult the appticabon.instruction - i booklet on how to properly prepare the required items below. ` a. A project narrative.' , -.... ... .. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name The Bo tanzaGroup LLC '. Phone No. NA - Address PO Box 687, Elkin, NC 28621 Name John and Wendy Sheffield Phone No. NA Address 57 Causeway Drive, Ocean Isle Beach, NC 28469 'Name - - - Phone No. Address - g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. I further certify that the information provided in this application is truthful to the best of my knowledge. Date: 12/3/2018 Print Name: Greg Finch Agent Land Management Group, Inc. Signature r:__s nceLN tah3l it Please indicate application attachments pertaining to your proposed project. ®DCM MP-2 Excavation and Fill Information ❑DCM MP-5 Bridges and Culverts ®DCM MP-3 Upland Development ®DCM MP-4 Structures Information CAMA Permit Application for Major Development — December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina RC£1vPD JAN 15 2019 OC".A'Ho Ciry RECEIVED DCM WILMlKJ`)N. NC 4 2. Form DCM MP-2 EXCAVATION and FILL (Except for bridges and culverts) Access other (excluding Channel Canal Boat Boat Rock Rock shoreline (NLW or Basin Ramp Groin Breakwater stabilization) NWL) Length 584' Width Average: 45' Avg. Existing 3�MLW NA,, Depth r.NA Final Project 6yMLW NA Depth 1. EXCAVATION, OThis section not applicable a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated. cubic yards. —3,350 cy Sand and silt C. (i) Does the area to be excavated include coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of the excavation in these areas: NA d. High -ground excavation in cubic yards. None RECEIVED JAN 15 2019 DCM-MHD CITY 2. DISPOSAL OF EXCAVATED MATERIAL This section not applicable a. Location of disposal area, b. Dimensions of disposal area. 5790 Old Georgetown Rd SW. See Appendix C. Irregular, lessthan 1 acre. c. (i) Do you claim title to disposal area? ❑Yes END ❑NA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SB OWL ®None (ii) Describe the purpose of disposal in these areas: NA d. (i) Will a disposal area be available for future maintenance? ❑Yes END ❑NA (ii) If yes, where? NA f. (i) Does the disposal include any area in the water? ❑Yes END ❑NA (ii) If yes, how much water area is affected? Upland disposal location to be determined. CAMA Permit Application for Major Development — December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina RECEIVED DCM WILM NGTON, NC 5 3, SHORELINE STABILIzATION ; '' - ®This section not applicable (if development is_ a wood groin; use MP-4 Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑Breakwater/Sill ❑Other. _ Width: c. Average distance waterward of NHW or NWL: d. Maximum distance wateward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap Breakwater/Sill Other I. Source of fill material. f. (i) Has there been shoreline erosion during preceding 12 months? []Yes []No ❑NA (ii) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. 4. OTHER FILL ACTIVITIES 0This. section not applicable (Excluding Shoreline Stabilization) - a. (1) Will fill material be brought to the site? []Yes ®No []NA b. (i) Will fill material be placed in coastal wetlands/marsh (CW), If yes, (ii) Amount of material to be placed in the water (III) Dimensions of fill area IN) Purpose of fill a. How will excavated or fill material be kept on site and erosion controlled? Existing vegetation, silt fence and/or berth at disposal location. c. (i) Will navigational aids be required as a result of the project? []Yes ®No ❑NA (ii) If yes, explain what type and how they will be implemented. NA Dam 12/3/201 B suomergea aquatic vegetation taHv/, sneu ouuun: too), U: vu,o: wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV _ ❑SB ❑WL ®None (ii) Describe the purpose of the fill in these areas: NA b. What type of construction equipment will be used (e.g., backhoe, or hydraulic dredge)? Bucket to barge or dragline. d. (1) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No ❑NA III) If yes, explain steps that will be taken to avoid or minimize environmental impacts. NA RECEIVED Project Name _ 43 Causeway Drive 16N 7 6 ?nfo " Applicant Name - 5.lti1V1.MHD CITY McMull4n Ventures LLC Applicant tiiymamre _. RECEIVED Greg finch, Agent, Land Management Group, Inc. DCM WILMINGTON, NC CAMA Permit Application for Major Development— December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina 0 3. Form DCM MP-3 UPLAND DEVELOPMENT (Construction and/or land disturbing activities) GENERAL UPLAND DEVELOPMENT: „ a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels. proposed, 1 No new buildings. Designated pervious parking only. See Appendix A. c. Density (give the number of residential units and the units per acre). NA e. If the proposed project will disturb more than one acre of land, the Division of Land Resources must receive an erosion and sedimentation control plan at least 30 days before land -disturbing activity begins. (i) If applicable, has a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ®No ❑NA (ii) If yes, list the date submitted: Pending g. Give the percentage of the tract within the coastal shoreline AEC to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Less than 30% BUA. No new impervious. 4", of #57 stone underlain with geotextile fabric for access drive and designated parking. i. Give the percentage of the entire tract to be covered by impervious and/or built -upon surfaces, such as pavement, building, rooftops, or to be used for vehicular driveways or parking. Less than 30% BUA. No new impervious areas. 4" of #57 stone underlain with geotextile fabric for access drive and designated parking. Concrete handicap space is 490 s.f. and NCDOT asphalt drivey is 518 s.f., both over existing marl. j. Describe proposed method of sewage disposal. NA d. Size of area to be graded, filled, or disturbed including roads, ditches, etc. Greater than one acre, no increase in BUA due to existing mad cover on the site. f. -List the materials (such as mad, paver stone, asphalt, or concrete) to be used for impervious surfaces. Concrete handicap space and NCDOT asphalt driveway. h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification. (i) Has a site development plan been submitted to the Division of Water Quality for review? []Yes ®No [_]NA (ii) If yes, list the date submitted: Pending k. Have the facilities described in Item (i) received state or local approval? ❑Yes ®No ❑NA If yes, attach appropriate documentation. I. Describe location and type of proposed discharges to waters of the m. Does the proposed project include an innovatir T sttqrmwater state (e.g., surface runoff, sanitary wastewater, industrial/ design? tivio commercial effluent, "wash down' and residential discharges). ❑Yes ®No ❑NA Surface runoff If yes, attach appropriate documentation. .1An1 IS zojs ilcm-M HD RECEIVED C17 y +can INl6r �Itvsrert-r� CAMA Permit Application for Major Development — December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina 7 m. Describe proposed drinking water supply source (e.g., well, community, public system, etc.) NA o. When was the lot(s) platted and recorded? 1943 nt Srgnaii rep r,.. Mui1'4,c� n. () Will water be impounded? ❑Yes ®No ❑NA III) If yes, how many acres? p. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA RpC'CIVgp . JAN 15 2019 ,0CA4-'yjyD CITY RECEIVED �^"4WI�Py91Fd6TAM, Fd CAMA Permit Application for Major Development— December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina 8 4. Form DCM MP-4 Structures (Construction within Public Trust a. (i) Is the docking facility/marina: ®Commercial ❑Public/Govemment ❑Private/Community c. (i) Dock(s) and/or pier(s) (ii) Number See Table on Sheet 3 of 4 Appendix A (iii) Length IN) Width (v) Floating []Yes ❑No e. (i) Are Platforms included? ❑Yes ®No If yes: (ii) Number (iii) Length (iv) Width (v) Floating []Yes ❑No Note: Roofed areas are calculated from dripline dimensions. g. (i) Number of slips proposed 29 (ii) Number of slips existing 0 I. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin and/or channel ❑Open water, no dredging required ❑Other; please describe: k. Typical boat length: 25' m. (i) Will the facility have tie pilings? []Yes ®No (ii) If yes number of tie pilings? ❑This section not applicable, b. (i) Will the facility be open to the general public? ❑Yes ®No d. (i) Are Finger Piers included? ®Yes ❑No If yes: III) Number See Table on Sheet 3 of 4 Appendix A (iii) Length (iv) Width (v) Floating ❑Yes ❑No f. (i) Are Boatlifts included? ®Yes ❑No If yes: (ii) Number 24 (iii) Length 11.5 IN) Width 15 h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or maintenance service ❑ Dockage, fuel, and marine supplies ® Dockage (Wet slips") only, number of slips: 5 wet 24 lift slips ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: j. Describe the typical boats to be served (e.g., open runabout, charter boats, sail boats, mixed types). Mixed types -I. (1) Will the facility be open to the general public? ❑Yes ®No Restaurant and charter patrons during business hours PPCEjVEE) MN 15 2019 RECEIVED �OCj4.jf o C17 CAMA Permit Application for Major Development - December 2018 - --- 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina 9 2. DOCKING FAciLITY/MARINA OPERATIONS pThis section got applicable, l a. Check each of the following sanitary facilities that will be included in the proposed project. ❑ Office Toilets . ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. NA c. Describe the disposal of solid waste, fish offal and trash. Municipal trash service. d. How will overboard discharge of sewage from boats be controlled? No overboard discharge sign/policy. e. (i) Give the location and number of "No Sewage Discharge' signs proposed. One at northern end of docking facility. III) Give the location and number of "Pumpout Available' signs proposed. No pumpout proposed. I. - Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. NA g. Where will residue from vessel maintenance be disposed of? NA h. Give the number of channel markers and "No Wake" signs proposed. None i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. NA j. What will be the marina policy on overnight and live -aboard dockage? No live -aboard dockage. k. Describe design measures that promote boat basin flushing? NA, existing canal. I. If this project is an expansion of an existing marina, what types of services are currently provided? NA m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ®No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ❑Yes ®No o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB), or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. OCW o ❑sAV ❑SB RECEIVgp OWL 0 ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ®No 'JM 15 2019 If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. RECEIVED CAMA Permit Application for Major Development — December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina 10 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (i) Is the boathouse structure(s): []Commercial ❑Public/Govemment ❑Private/Community (ii) Number (ii) Length . (iv) Width Note: Roofed areas are calculated from dripline dimensions. 4. GROIN,(e.g., wood'r sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) This section not applicable a. (i) Number (ii) Length (III) Width 15. BREAKWATER (e.g., wood„sheetpile, etc.) This section not applicable l a. Length b. Average distance from NHW, NWL, or wetlands c. Maximum distance beyond NHW, NWL or wetlands S.'MOORING PILINGS and BUOYS ®This section not applicable' a. Is the structure(s): ❑Commercial ❑PublirJGovernment ❑Private/Community C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing b. Number d. Description of buoy (color, inscription, size, anchor, etc.) CAMA Permit Application for Major Development — December 2018 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina DCM WILMWGTON, NC q lv 15 2019 �U i14 "4) C,r� 11 7: GENERAL' a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. Greater than 15'. Greater than 15'. Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body Varies from —95' to 128' e. (i) Will navigational aids be required as a result of the project? []Yes; ®No ❑NA (ii) If yes, explain what type and how they will be implemented. NA (.OTHER a. Give complete description: V 5 nppr=rs,gnnn,r d. Water depth at waterward end of structure at NLW or NWL - 6' MLW ®This section not applicable 152019 RECEIVED DCM WILMINGTON, NC CAMA Permit Application for Major Development— December 2018 = 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina 12 j :l s < � ^ ,max t�.�' t•:P�,rJ/ _ fy rtiOLD.GEORG Wj as✓ Y � ar P iL DISPOSAL LOC'ATIO ( >? 00 S.F.) LcL�y s i � r . r \ 1 \ 65Gccccvcacc$ eves.aeseeas aea:aa aaa a+a6 SEECEG6EEGGF�� �E�� m ptl6aaaaatla:za±a Stle aA�a '+p 9p Be 594GpeeeEpptlei� as as as nnaaaaonraraa lCCECECCEE's E4ElEEC=�� R p c a P EMS±NG CON MONS SURVEY FOR astOs; MCMULLANVENTURES,LLC ��CGNGNEEERRSnMVEYORSI P.C. At eF D \\ 1 pN 65E F \ 5 gpTHYM r i P MC SMR FOR: .q vv . R IF L{p East Coast Engin &Surveying, P.C. MCMULLAN VENTURES, LLCGINE�oRS ERS�SVREYON RCS �. 11Pe('x N(IAT41!`1An1 MA i ----CC______________ �� t � ewoc mevauxvus amn���m :uc e� eav upnun rm [�vrtm.nvuux¢tcssnn�nner ruuu.eecuwan�n nxmuuw �vnxrmweur ----i'------------ S 0 O -------------- Wm MAP �N w S U a as u WR>6 N zm a� FOR MPROVP 12 m 4LMG LAND MANAGEMENT GROUP a OWfff- company December 3, 2018 TO: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 43 Causeway Drive, Ocean Isle Beach Tyler, Please find enclosed a CAMA Major Permit application and supporting materials for the 43 Causeway Drive project located in Ocean Isle Beach, Brunswick County. Adjacent riparian landowner notifications have been sent by certified mail and the return receipts will be forwarded once received. A $400 fee check should be submitted tomorrow, December 4. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, Greg Finch Land Management Group Enclosure: CAMA Major Permit Application RECEIVED JAN 15 2019 DCM-MHD CITY RECEIVED www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 I)CM WILMINGTON, NO 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DEC 0 4 2018 RECEIVED McMullan Ventures, LLC. Page 2 P1 JAN 15 2019 OCM4411C CITY The project site is located at 43 Causeway Drive, adjacent to a manmade canal in the Town of Ocean Isle Beach in Brunswick County. To locate the project site from the Wilmington Regional Office (WiRO), travel southwest from Wilmington to Supply on US 74 W (Martin Luther King Jr Pkwy) & then US 17 S for roughly 45 miles until you reach Ocean Isle Beach Road SW in Shallotte. Turn left onto Ocean Isle Beach Road SW and follow the road through the roundabout at the intersection of Old Georgetown Road SW. Continue down Ocean Isle Beach Road SW for about 2 miles and you will reach a second traffic circle. Proceed straight through the roundabout onto Causeway Drive. Travel down Causeway Drive going over the bridge onto Ocean Isle Beach and the destination will be a vacant parcel on your left, 43 Causeway Drive. The applicant states that this property has functioned historically as a marina with associated docking facilities, access drives and parking. However, based on DCM's search of aerial photography, it appears this property has not functioned as a docking facility/marina since 1998. The project site currently contains a bulkhead, boat ramp, remnants of a past docking facility, and a gravel driveway and parking area. The property is bounded by commercial properties immediately to the north and south, Causeway Drive to the west, and the manmade canal to the east. There is approximately 624' of shoreline which is stabilized by a bulkhead as well as natural vegetation. Vegetation on the tract consists of lawn grasses with native shrubs and trees. Wetlands, both coastal and §404, are present on the site. Coastal Wetland species consists primarily of Salt Meadow Grass (Spartina patens), Spike Grass (Distichlis spicata), and Smooth Cordgrass (Spartina alterniflora). The project site is 1.81 acres and elevation at the site averages 4' above Normal High Water (NHW). DCM reviewed the permit history and could not locate any permits issued for 43 Causeway Drive. However, State Permit No. 192-07 was issued to the Town of Ocean Isle Beach on December 10, 2007 to authorize dredging of Canal #22, which is adjacent to the subject property, to a depth of -6.0' at Mean Low Water (MLW). The Brunswick County Land Use Plan classifies the area in the vicinity of the project area as Commercial. The waters in the project area are classified as SA/HQW by the N.C. Division of Water Resources (DWR). They are NOT designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries (DMF), and they are closed to the harvest of shellfish. 10. PROPOSED PROJECT The applicant is proposing to perform dredging and then construct a new commercial marina along the manmade canal. McMullan Ventures, LLC. would like to redevelop the 1.81 acres' site to include a 29 slip marina. Before construction of the marina begins, the existing remnants of old docks and pilings would be removed and then dredging would be performed. Dredging would be accomplished either by bucket to barge or by dragline dredging, box cutting the canal approximately 584' in length with an average width of 45'. The existing average water depth in this area is -3.0' at MLW and the applicant is proposing to dredge to -6.0' at MLW. The existing water depths have not been verified by DCM. The proposed dredge footprint would overlap the Town's previously authorized dredge footprint by dredging to the center of the Town's canal (see Sheet 4 of 4, Sections P1-P4). The application states this would provide adequate water depths within the proposed slips as well as match the existing authorized depths in the Town's maintained dredged canal and adjacent commercial properties' depths. The dredging would be a minimum of 10' from the outer edge of Coastal Wetlands along the shoreline and outside both adjacent 15' riparian corridors. Based on the hydrographic survey results, approximately 3,350 cubic yards of spoil material would be removed within the 28,128 ftz dredging limits. Spoil material would be temporarily stockpiled onsite in RFCkWkb McMullan Ventures, LLC. JAN 15 2019 Page 3 DCM_ ti1HC CfTY the uplands of the property within a silt fenced area measuring roughly 60' wide by 445' long. Spoil would be located outside the 30' Coastal Shoreline Buffer but within the 75' Estuarine Shoreline Area of Environmental Concern (AEC), allowed to dewater, and then transferred to 5790 Old Georgetown Road SW spoil disposal area by dump truck. Upland disturbances resulting from the temporary spoil containment area are 23,562 ft2 (see Sheet 4 of 4). Once dredging is completed, the applicant is proposing to construct a 29 slip marina with an associated boardwalk/pier, driveway, and parking area. The marina would include a 5 wet slip floating dock and 24 boatlift slips associated with 12 fixed finger piers from a fixed boardwalk. Starting 15' from the northern property line, located waterward of the existing bulkhead and running parallel with the canal, would begin the 6' wide pier (Access Boardwalk-1) measuring 108' long. Connecting at the south end of this pier would begin Access Boardwalk-2, extending perpendicular to the canal measuring 6' wide by 20' long. A 3' wide by 20' long ramp would connect this pier and provide access to the 5 wet slip floating dock. The 5 wet slip floating dock would begin 15' from the northern riparian line and be oriented parallel with the channel. It would be configured in a "zig-zag" shape 8' in width, and would not exceed the established pier head alignment. Wet slips #1 and #2 would be supported by a 65' long floating dock. Wet slips #3, #4, and #5 would be supported by a 42' long floating dock with two accompanying floating finger piers each measuring 3' wide by 22' long extending perpendicular to the channel (see Sheet 3 of 4). Separating the 5 wet slip floating dock from the 24 boatlift slips would remain the existing concrete boat ramp measuring approximately 25' wide by 45' long. The existing concrete boat ramp would be secured for private access only, as reported by the applicant, and would not be an amenity of the proposed marina (see Sheet 3 of 4). Located south of the existing boat ramp would be the proposed 24 boatlift slips with associated fixed piers. Access Boardwalk-3 would be adjacent to the existing bulkhead, extend perpendicular to the canal, and measure 6' wide by 18' long. Connecting at the end of this pier running parallel with the canal would begin Access Boardwalk-4 measuring 6' wide by 416' long. This section of the boardwalk/pier would be located 6' waterward from the existing bulkhead. The fixed boardwalk/pier would have 12 fixed finger piers about every 33' along its length extending perpendicular to the canal. Each fixed finger pier would measure 3' in width, but would vary in length to meet the established pier head alignment. Fixed finger piers' lengths can be found in the OIB Harbor Fixed Pier Dimensions table on Sheet 3 of 4. As proposed, 24 boatlifts each measuring 15' wide by 11.5' long would be installed along the channel at the waterward ends of the finger piers. The last boatlift, Slip #29, would be located 15' from the southern riparian line. All boardwalks and access piers located over wetlands are proposed to be a minimum of 3' above the substrate. All docks, boatlifts, and access piers would not exceed the established pier head alignment (see Sheet 4 of 4). The applicant is also proposing to construct a new driveway and parking area for the marina in the uplands of the property along the western border adjacent to Causeway Drive. The NCDOT asphalt driveway would have only one entrance/exit located at the northwestern portion of the property resulting in 518 ft2 of impervious surface. It would then be converted into a gravel driveway composed of 4" washed #57 stone underlain with geotextile fabric, narrow to about 13' wide and turn in a southeasterly direction for approximately 325' before circling back around to the entrance. Located south of the driveway and adjacent to the western property line would be 17 parking spaces, each measuring approximately 9' by 18' oriented on a 45' angle. The parking area would include one concrete handicap space and loading area resulting in approximately 490 ft2 of impervious surface. Together the concrete handicap space and the asphalt driveway would total approximately 1,008 ft2 of proposed impervious surface and be located landward of the 75' Estuarine Shoreline AEC. Proposed impervious RFcFlvj�7D McMullan Ventures, LLC. JAN 15 ?019 Page 4 DCM, MHD surface development would be constructed over existing marl and result in less than 30%WIkupon surfaces of the entire tract as stated by the applicant. The majority of the gravel driveway and parking area would be located landward of the 75' Estuarine Shoreline AEC, but approximately 610 ft2 would be located within the AEC (see Sheet 3 of 4). 11. ANTICIPATED IMPACTS As proposed, the dredging would generate approximately 3,350 cubic yards of spoil material from the proposed marina area. The dredging would be a minimum of 10' from the outer edge of Coastal Wetlands along the shoreline and outside both adjacent 15' riparian corridors. The development as proposed would result in temporary turbidity in the general area of the dredging activity. No wetland excavation or fill is being proposed. Approximately 28,128 ft2 of shallow bottom located in the Estuarine Waters and Public Trust Areas AECs would be disturbed as a result of the dredging. Approximately 23,562 ft2 of uplands located landward of the 30' Coastal Shoreline Buffer, but within the 75' Estuarine Shoreline AEC, would be disturbed as a result of the temporary spoil -drying containment area. A total area of approximately 51,690 ft2 would be disturbed as a result of the proposed dredging for this project. As proposed, the docking facility would result in a total area of approximately 6,184 ft2 of decking (shading impacts) constructed from the boardwalk, piers, and docks. Approximately 2,255 ft2 of decking would be built over uplands within the 30' Coastal Shoreline Buffer and 75' Estuarine Shoreline AEC. Approximately 1,700 ft2 of decking would be located over vegetated wetlands within the Coastal Wetlands AEC. Approximately 2,229 ft2 of decking would be placed over open water in the Estuarine Waters and Public Trust Areas AECs. All boardwalks and access piers located over wetlands are proposed to be a minimum of 3' above the substrate. As proposed, the marina would contain both floating docks and fixed docks with boatlifts, and would remain at least 15' from either adjacent riparian line. The marina would consist of a 5 wet slip floating dock and 24 boatlift slips adjacent to the fixed finger piers, creating a 29 slip docking facility incorporated within the Estuarine Waters and Public Trust Areas AECs. The docking facilities would not exceed the established pier head alignment nor encroach into the navigational channel. The width of the waterbody within the project area varies from approximately 95' to 128'. Both floating finger piers and fixed finger piers #1, #4, #5, and #6 of the docking facility would exceed the'/4 width limitation rule, but not surpass the pier head line nor'/ width of the waterbody. The adjacent facilities appear to have been constructed when the CRC rules allowed for piers to extend to'/3 the width of the water body. As proposed, the associated driveway and parking area for the marina would be located entirely outside the 30' Coastal Shoreline Buffer. Conversely, two small portions of the pervious circular driveway do encroach into the 75' Estuarine Shoreline AEC. The 1,008 ft2 of impervious surface development resulting from the concrete handicap parking space and asphalt driveway entrance would be constructed over existing marl and result in less than 30% built -upon surfaces of the entire tract. The proposed project would increase boat traffic in an area with little boat traffic. The proposed docking facility would incorporate Estuarine Waters, Public Trust Areas, Coastal Wetlands, and Estuarine Shoreline AECs. While this area is not listed as Primary Nursery Area, it has value to juvenile finfish, shrimp, and crab populations. The marsh ecosystem provides habitat for juvenile shrimp, mullet, menhaden, herring, and crabs, and serves as a baitfish supply for many fishermen operating in the area. The canal is closed to the harvesting of shellfish, however there are shellfish present in the immediate vicinity. There appears to be no SAV present in the project area. Minor increases in turbidity should be expected during project construction. Submitted by: Tyler McGuire Date: January 10, 2019 Office: Wilmington S. DCM MP-1 Section 6.0 Additional Information 5.1 Section 6. a. Project Narrative The project is located at 43 Causeway Drive along the manmade canal adjacent to Causeway Drive in Ocean Isle Beach, Brunswick County. The site currently contains a boat ramp, bulkhead and the remnants of two floating docks and access piers. Historically, the site has functioned as a marina with associated docking facilities, parking and access drives. Much of the site is covered or underlain with marl for the previous parking and drive areas. The applicant is proposing to redevelop the 1.81-acre site that includes the construction of 24 lift slips, 5 floating/wet slips and associated parking and access drive. Any existing docks or pilings will be removed. Maintenance dredging along the existing manmade canal to -6 MLW is requested to restore adequate depths under the proposed lift slips and match the existing authorized depths in the Town's maintained channel and adjacent commercial project depths. Based on the hydrographic survey results, approximately 3,350 cubic yards are proposed for bucket to barge or dragline maintenance dredging within the 28,182 s.f. dredging limits. Dredging limits will be a minimum of 10 feet from the outer edge of the marsh along the shoreline. Spoil will be temporarily stockpiled onsite, outside of the 30' buffer, allowed to dewater and then transferred to 5790 Old Georgetown Rd SW. See Appendix A and C for details. RFCje/v,eO JAN 15 2019 QCM`MNC C/TY RECEIVED DCM WILMINGTON, NC CAMA Permit Application for Major Development — December 2018 DEC 0 4 %0 1g 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina 13 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Mailing Address: Phone Number: Email Address: I certify that I have authorized 870 Old Canton Rd IuFTiC�iI�e7G�cilIlI:%3 404-372-5523 rubemc@att.net all*1 McMullp Ventures, LLC Land Management Group Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: docking facility construction at my property located at iBrunswick n maintenance dredging and 43 Causeway Drive, Ocean Isle Beach 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: ignature Print or Type Name Title t 31 1Iq Date RECEIVED JAN 15 2019 DC"-MHD CITY RECEIVED DCM WILMINGTnN NC This certification is valid through 12 131 12019 ROY COOPER NORTH CAROLINA Governor Environmental Quality MIS L S. REGAN January 10, 2019 BRAXTON C. DAVIS Director Land Management Group, Inc. c/o Greg Finch 3085 Wrightsville Ave., Suite 15 Wilmington, NC 28403 Mr. Finch, The Division of Coastal Management (DCM) hereby acknowledges receipt of your application, as acting agent for McMullan Ventures, LLC. c/o Rube McMullan, for State approval for dredging and commercial marina construction at the subject property located at 43 Causeway Drive, adjacent to Canal #22 in Ocean Isle Beach, Brunswick County. It was received as complete on January 3, 2019 and appears to be adequate for processing at this time. The projected deadline for making a decision is March 19, 2019, An additional 75-day review period is provided by law when such time is necessary to complete the review. If you have not been notified of a final action by the initial deadline stated above, you should consider the review period extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an additional letter will be provided on or about the 75th day. If this agency does not render a permit decision within 70 days from January 3, 2019, you may request a meeting with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a meeting will be held within five working days from the receipt of your written request and shall include the property owner, developer, and project designer/consultant. NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development. Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed development. You should post this notice at a conspicuous point along your property where it can be observed from a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of- way fronting your property; or at a point along the road right-of-way where a private road would lead one into your property. Failure to post this notice could result in an incomplete application. An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive a copy of my field report and/or comments from reviewing agencies. Sincerely, Ty�lt; .', AA. Environmental Specialist cc: Courtney Spears, DCM Liz Hair, ACE Doug Huggett, MHC Chad Coburn, DWR Keith Dycus, LPO McMullan Ventures, LLC. c/o Rube McMullan, Analir-mL. WECEIVED JAN 15 2019 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 g10.796.7215 NOTI(01017i CAMA PERMIT APPLIE TP�,*edge and develop m Beach, Brunswick County. FOR a commercial COMMENTS ACCEPTED THROUGAnuary 5, 2019 APPLICANT: Agent: Greg Finch (910) 452-0001 FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: NC Div. of Coastal Management 127 Cardinal Dr. Extension Wilmington, .NC 28405 Tyler•McGuire, Field Representative 910-796-7424 4LMG LAND MANAGEMENT GROUP a DAVEYI company December 3, 2018 John and Wendy Sheffield 57 Causeway Drive Ocean Isle Beach, NC 28469 Mr. and Mrs. Sheffield: McMullen Ventures, LLC is applying for a CAMA Major Permit for development activity on its property located at 43 Causeway Drive, Ocean Isle Beach, Brunswick County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development 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: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 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 gfinch(aDlmgroup.net Sincerely, Greg Finch, Agent Land Management Group, Inc. Enclosures www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RECEIVED JAN 15 2019 DCM MHC CITY RECEIVED DCM WILMINGTnN. NC 4LMG LAND MANAGEMENT GROUP a DAIEYI. company December 3, 2018 The Bonanza Group PO Box 687 Elkin, NC 28621 To Whom It May Concern: McMullen Ventures, LLC is applying for a CAMA Major Permit for development activity on its property located at 43 Causeway Drive, Ocean Isle Beach, Brunswick County, North Carolina. The specifics of the proposed work are shown in the attached permit application and drawings. As the adjacent riparian property owner to the aforementioned project, I am required to notify you of the development 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: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 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 gfinchalmgroup.net Sincerely, Greg Finch, Agent Land Management Group, Inc. Enclosures www.lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 RFCe1ve0 C ✓AN 15 2019 CM MHO C17Y DCM WECEIVED ILMINGTON, NC DEC 0 4 Hi o, M1 In m Dc18 FLIF ru PoNe O CMned Fee 0 C3 Retum Reoolpt Fee O (Endorsement Required) � �iRequl 'a $2. Total Pos& Fees tage V O M1 JD eu' Woo U.S. Postal CERTIFIED Service,. (Domesticry MAIL., only. No lnsur RECEIPT For delive inMlap onnalion ar nce Coverage Protrial vSit o." i webale at �. www.usps.com,,. - /VC. AZALEA 3916 OLEANDER DR WILMINGTON NC 28403-6758 3686440406 12/03/2018====(800)275_8777 3:15 PM Product Sale Final Description Oty Price First-Clas$1 $2 89 Mail Large Envelope (Domestic) (OCEAN ISLE BEArH ur 28469) (Weiaht.a-r> O Ate" $3.45 (o®USPS Certified Mail #) (70061820000291357996) 1 2.75 rnrsT-Class Mail Large Envelope (Domestic) (ELKIN, NC (Welohtaa4 (eceIpt N) '7803152) $2.89 6) 'y Date) )18) Mail #) $3.45 #3 Total $18.18 Credit Card Remitd $18.18 (Card Name:VISA) (Account #:XXXXXXXXXXXX8529) (Approval #:086115Y (Transaction #:660) (AID:Annnonnnnotn.n - w �' L ti U U � cc2 C U 4 ■ Complete items 1, 2, and 3. Print address on the reverse A. Sig l ■ your name and _ 3FE1I so that we can return the card to you. ■ Attach this card to the back of the mailplece, -.9.85ceived by (Printed Name) C ate of Dellure C. D or on the front •If space permits. I t c 1. Article Addressed to: _ D. Is delivery address different from item 14 ❑ Yes 1.9�N 6 �V �.� /l NM TREPoBCPL YES, enter delivery adCrpSS boM ❑ No Vl W1 L�� 1 8 2101181V F-LIKtM, ii i 2862i IIIIIIIII IIII IIIII IIIIIII IIIIIII'I IIIII II II'II 9590 9403 0119 5077 821187 7005 1820 0002 9135 8009 Ps Ford 3811. April 2015 PSN 7530-02-ODO-9053 ■ 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 mailpiece, or on the front if space permits. 1. Article Addressed to: �1a1N Vow W'Faz 61(AOE" Mile a eklS'Z- f i°rtt,Nv 1409 II I IIIIIII IIII III I I I II I II I IIIIIIIII I II III II 1 II III 9590 9403 0119 5077 8031 52 7005 1820 0002 9135 7996 PS Form 3811, April 2015 PSN 7530-02-000-9053 3. Service Type ❑ Priority Mall Express® ❑Adult Signature ❑ Registered Mell- ❑A�d�u'lt�'Signature Restricted Delivery ❑ Registered Mail Restricted y. �Cedlfied Mall® Delivery D Certified Mail Reetricted Delivery ❑ Return Recelpt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery 0 Signature Confirmation" ❑ Insured Mail ❑ Signature Confirmation ❑ Insured Mail Restricted Delivery Restricted Delivery Domestic Return Receipt A. Snature X /' p I ❑ Agent l•( ❑ Adtlressee B. Received by (Printed e) I C. Date of Delivery D. Is delivery address different fromitm e17 U Yes If YES,'e.IW-delNery a,i bebw ❑No CCidi WA-i ,IIVUTON, NC DEC 1 9 2018 aaavlce type ❑ Priority Mail Express® E Adult Signature ❑ Registered MaiITM rua Signature Restricted Delivery Certified Mal® ❑ Reeggistered Mail Restricted Deivve y Certified Mail Restricted Delivery ❑ Return Receipt for ❑ collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery D Signature ConflrmetbnTM ❑ Insured Mail ❑ Signature Confirmation ❑ Insured Mall ResMcted Deiivery Restricted Delivery Domestic Return Receipt 'l�kCEIVED BAN 15 2019 DCM-MHD CITY ar-nda a. Clenmons Register of Deeda 02-15-2018 15:14:17.003 Brunswick County, NC NC REVENUE STAMP: $4000,90 (4569635) Excise Tax: $4.000.00 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 011 Plllin�o 4 n.201 a Brunswick County, NC Register of D eds pap- 1 of 5 RetukCF*T' ToteCk9Ceehi Refuntl Cash $ Finance 13Portions of document are illegible due to condld'r i ��%'�— Of original. ((��L[���t ffr''ff�✓ O Document contains seals verified by original instrument that cannot be reproduced or copied. VVVJJJ ���fff NORTH CAROLINA SPECIAL WARRANTY DEED Parcel Identifier No. 243MA03511 Verified by Countyon the _ day of , 20_ By: Mail/Box W: BaxlevSmithWtck. PLLC. P.O. Box 36, Shallotte. NC 28459 This instrument was prepared by: Cindy York C. York Law. PLLC. without title exam or tax advice Brief description for the Index: Tract 1 1.81 Acres PL 76/55 NC 904 taxes, if any, to be paid by Closing Attorney to the Brunswick County Tax Collector upon disbursement THIS DEED made this 17bay of February, 2018 by and between GRANTOR OIB HOLDINGS, LLC, a North Carolina limited liability company (1/2 undivided interest) 2618 New Village Road Wilmington, NC; and DW Legacy Assets, LLC, a North Carolina limited liability company (1/4 undivided interest) 2618 New Village Road Wilmington, NC; and LW Legacy Assets, LLC, a North Carolina limited liability company (1/4 undivided interest) I I Causeway Drive Ocean Isle Beach, NC 28469 it9t Ila 831y McMullan Ventures, LLC, a North Carolina limited liability company 72 Craven Street Ocean Isle Beach, NC 28469-7634 The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context RECEIVED JAN 15 Z019 DCM-MHD CITY RECEIVED DCM WILMINC-70N NC DEC 0 4 i018 IIIIIIIIIIIIIIIIIIIIIIII IIII�IIIIIIII B401i P3118 °m; 3 Brunsurck County. NC eglster of Deeds page 2 of S WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain lot, parcel of land situated in the County of Brunswick, North Carolina and more particularly described as follows: SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE. All or a portion of the property herein conveyed _ includes or X does not include the primary residence of a Grantor. This property was conveyed to Grantors by deeds recorded in the Brunswick County Registry in Book 3332 at Page 978, rerecorded in Book 3422 at Page 91 I; Book 3343 at Page 1175; Book 3352 at Page 103; and Book 3352 at Page 107. TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of all persons claiming by, under or through Grantor, other than the following exceptions: Subject to ad valorem taxes for the year 2018 and thereafter, easements, rights of way and restrictive covenants and conditions of record. [SIGNATURE PAGES FOLLOW[ RECEIVED JAN 15 2019 DCM-MHD CITY ACM RECEI WILMINGTD N, NC DEC IIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIII B4a11 P11i eel-1 �IPwr Brunsuiek County, NC Register o! Deed, peas 3 or S IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above written. OIB Holdings, LLC x r By: DeCarol Williamson, Manager State of North Carolina County oew & IOV&- I, the undersigned Notary Public of the County and State aforesaid, certify that DeCarol Williamson, personally appeared before me this day in his capacity as manager ofOIB Holdings, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its time on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this 7 day of , 2018. My Commission Expires: 9"16'oiD _ NotaryPublic .WWMwW" Notary's Printed or Typed Name (Affix Seal) fQ' NOTAAy sue, PUBLIC 4' DW Legacy Assets, LLC Hq'yt7VER `) \ Bye Odell DeCarol Williamson, Manager State of North Carolina County AdJ__I ILA 1, the undersigned Notary Public of the County and State aforesaid, certify that Odell DeCarol Williamson, personally appeared before me this day in his capacity as manager of DW Legacy Assets, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of such entity, he signed the foregoing instrument in its name on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this _77_ day of 1ftn&CV, 2018.,K�+!/i My Commission Expires: R_ ib-- o . _ 4 j LVALZ! , Notary Public Notary's Printed or Typed Name (Affix Seal) ��ew+awumy� NOTAgy "UBLIG JAN 15 2019 ')CM -MHO CITY RECEIVED DOM WILMINGTO N. NC DEC 0 4 2018 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII B,.1d P1120� '0,3 Brunswick County, NC R.gist.r of Deeds pago 4 of a OIB Ho ings, LLC Dane Williamson, kTanager State of North Carolina CountyDu Ala I, the undersigned Notary Public of the County and State aforesaid, certify that LaDane Williamson, personally appeared before me this day in her capacity as manager of OIB Holdings, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of such entity, she signed the foregoing instrunIpfit in its n on its behalf as its act and deed. Witness my hand and Notarial stamp or seal, this _In day of Er.63 / , 20IS. Y/ My Commission Expires: a Notary Public FOR;Fs rated or Typed Name TROY A. MOON (AffixMibWY PUBLIC Durham County, North Carolina My Commission Expires 3.13.2022 LW Leg cy Assets, LLC B. a Dane Williamson, Manger State of North Carolina County NAaftl I, the undersigned Notary Public of the County and State aforesaid, certify that LaDane Williamson, personally appeared before me this day in her capacity as manager of LW Legacy Assets, LLC, a North Carolina limited liability company, and that by authority duly given and as the act of such entity, she signed the foregoing instru nt in its n e on its behalf as its act and deed. Witnessmy hand and Notarial stamp or seal, this day of , 2018. My Commission Expires: Notary Public No ry's rioted or Typed Name (Affix Seal) TROY A. MOON NOTARY PUBLIC Durham County, North Carolina My Commission Expire9 3.13.2022 ..... DIVE D JAN 15 2019 0CM-M1iD CITY RECEIVED DCM WI( M "'0N. NC Dr, a IIIIII IIIIIII III IIIIIIII Jill IIIIII III 84017 P112i 5�-1PROF 7 003 Brunswick County, NC Register of Deeds page 5 of 5 EXHIBIT A Being all of Tract 1, containing 1.81 acres, according to a Minor Subdivision Map for Virginia Williamson And the Estate of Odell Williamson dated November 13, 2012 and prepared by East Coast Engineering & Surveying, P.C., recorded in Map Book 76 at Page 55 in the office of the Register of Deeds of Brunswick County, North Carolina, reference to which is hereby made for a more particular description. 5 RECEIVED DCM-MHD CITY RECEIVED 0CM WILMINGTON, NC OFf- (I I '^''r IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIII B2519 rt P0093 4713�000 Brunswick County, NC Register inson of Deeds page I of 3 'S7A7E OF NORTH CAROl1NA VI NIY OFOROIk1WICK IIfA�n I_nrlNnatha lea filed fur almrrn ao aeMe. nge rM in the A4 ggT l� C o. ass �Q,wP-I. .01(d_ WAS ®��TOULv n21y It6fs tE AMT OfR NCDENR�- North Carolina Department of Environment and Natural Resources Dexter R. Matthews, Director Division of Waste Management Michael F. Easley, Governor William G. Ross Jr, Secretary LAND CLEARING AND INERT DEBRIS LANDFILL NOTIFICATION Pursuant to 15A NCAC 138 .0563(2xa), the land owner(s) and operator(s) of any Land Clearing and Inert Debris Landfill under two (2) acres in size shall submit this notification form to the Division prior to constructing or operating the landfill. This form must be filed for recordation in the Register of Deeds' Office. The Register of Deeds shall index the notification under the name of the owner(s) of the land in the county or counfies in which the land is located. The Register's seal and the date, book, and page number of recording must be included on this form when submitted to the Division. This notification is not valid to authorize operation of a landfill unless complete, accurate, recorded, and submitted to the Division as required by 15A NCAC 13B .0563(2)(b). 1. Facility Name:=V9 I; li.Aw q 1 13v io S-le 2. Facility location (street address): S+A)c. 12 D I lSH City: SHAllott'e County:_$ruAHgutcAC Zip: Q%1t15'r\ 3. Directions to Site: TaiCL ► igig Its 4-e 'SIL Ita Fuel pAe 1 9A &L+ 4. The land on which this landfill is located is described in the deed recorded In: n1 i deed book: IQ01 page: 25 county: 11 5. Name of land owner. _A lCN 2oz GkJ 4,ca t'ke 6. Mailing address of land owner: To 'et6 1(r01 City: si'411d'ite State: Al C Zip: 7. Telephone number of land owner.( 't 10 ) 443- L1g14 If the land is owned by more than one person, attach additional sheets with the name, address, and phone number of all additional land owners. 6. Name of operator: Z k F Will, 01nASOI.j 9. Trade or business name of operator: J 10. Mailing address of operator 1�.0 City: Sl+Aile'tl l- State: J.1C zip:_QVJ"'i`I �� 11. Telephone number ofoperator.(o1IQ 1 L143 - Lied14 CEI VFp If the landfill is operated by more than one person, attach additional sheets with the name, address, and phones number of all additional operators. Jq N 1 12. Projected use of land after completion of landfill operations:_ Creed SQAot D 5 Z019 CIy,MH p CITY RECEIVED 1646 Mail Service Center, Raleigh, North Carolina 27699-1646 DCM WILMINGTON, NC Phone. 919-508-84001 FAR: 919-73348101Internet http:llwastenotnc.org M Equal OppMuruty i Af(mnabre Adlon Employer- Pr,h m Duel Purpose Recycled Paper IIIII IIIIII IIII III III IIIIIII II II II III B2519 J. Ro i;�� p oaa Brunswick County, NC Registar of Deeds page 2 of 3 (e) me htiNy shell W a0ryuaMy sanaaE by r ears o1 goes Glans, then s, lamas, ea. A,prew.nt unaulho ize0 aSeu e,Cepl Mren an opossor is on duly. An anti shall be on dony at yl notes walk one I ojl a open ior WINK uu to assure amperxz w1i ophatpnal nyuirements and to pon ern YGeparite of uraf eatreE wane (9) ACwns wads than he of al-eeeer construction aM popei manlaneE. (10) Sadoon waW r anal be Oriental be orn re Aornog tart and span norG impglrged own waste. (11) Scald wazte shall rip be dlsposai of m water. (12) open Onne, a we vastio captured (13) Tihe mceno-a. a to oarn, Seas 9enaned by the fmlry stall not eionod tan) TweTy-fiw parent of ap lower erplom omit for ate gases In faoley souctures. (b) The sties saran. rma for Ore giant a the pmporty Co.1 (te) LeaGraw shall ce properly nurrogad on slre Ihmugn the use of canna (rest marwgerront cra,-s (15) Should than Division dcem it necessary, ground aster or Authors water montodrg. or both, may to, repaired as Mastiff M War Rules "I and o602 of this SubUaper. (16) A sign other W poset a the hichty entsarw shoving the write, rums arc! number ,o uae of an emetgemy aM the Wrmi mmber. The permit mrmOer hishinement is Wt appkable M habeas rot Onforgg an ionhadual permit Certification by Land Owner: I certify that the information provided by me in this notification is true, accurate, and complete to the best of my knowledge. The facility siting and disposal operetons of this Land Clearing & Inert Debris landfill will comply with the requirements of Sections .0563, .0564 and .0566 of 15A NCAC 138, North Carolina Solid Waste Management Rules. The facility and operations of this landfill will also cornpty with all applicable Federal, State, and Local laws, rules, regulations, and ordinances. Where the operator is different from the land owner, I, the land owner, have knowledge of the operator's plans to dispose of solid waste on the land and I specifically grant permission for the operatbn of the landfill. I understand that both the land owner and operator are jointly and severalty liable for improper operations and proper closure of the landfill as provided for by North Carolina General Statute 130AJ09.27. I further understand that North Carolina General Statute 130A-22 provides for administrative penalties of up to five thousand dollars ($5,000.00) per day per each violation of the Solid Waste Management Rules. I further understand that the Solid Waste Management Rules may be revised or amended in the future and that the facility siting and operations of this landfill will be required to comply with all such revisions or amendments. G,N, qrASICE wrnrA Sdral G.N. a� IJ ...s► 12-1- 0(A Print Name (Owner) Signature (Owner) Date North Carolina ran. A/ S WIC County I, ©a.. �S ir) a4 a Notary Public for said County and State, do hereby certify that G. A( 4Au tB \AN lil4r of Soo/ personally appeared before me this day and acknowledged the due execution of the foregoing instrument. /' Witness my hand and official seal, this the 7 day of 1129Pi , 20. Notary Public c� � 04. G_ puelli RECEIVED 'AN 15 2019 DCM-MHI) CITY RECEIVED DCM WILMINGTON, NC IIIIIIIIIIIiIIIIIIIIIIIIIIIIIIIIIIIII �19 ?�;�� Druncuick County, NC Reaislar of Dam paaa ; �a�of 3 _ ODELL. WILLI.IM3O , J95 / BI felt 4 r < 1U p�l3 1 3 4'P m a `� 99J u�rRl `0%�.. '1 V R O 8 Cbi M m �VED JAN 15 ?, � y DCM-MHD CITY RECEIVED DCM WILMINGTON. NC DEC 0 4 2018 This certifies that there are no delinquent ad Co e°"e` IIIIIIIII ea-ee-zel7 B3880Nlllll111llllllhlllllll111 llei°=mtaXe. ��e� ar.rnsuiok Csunty, NC Register 11,.n M ClTonsa,�P or o..da page 1 of S Collector is charged with cdl mg, that area lien on: Parcel Number 2 J=&�f as notated by the Brunswick County' Assessor's Office. This is not a certifidauo� i that the parcel number matches the deed Presen Low ThoP*�I, Total Rev Int.� = description. MAR nr= CkN Cash$ Finance .0-Z017 Date (Asst) Tax Col. I Del. Tax F. Refund: Cash $ _ ❑ Portions or document are lllegibe due t000nditicn at original. O dxurrentmmalns maa yarned by original , bstrumax Nat ca mtW repioducad or copied. SPECIAL WARRANTY DEED STATE OF NORTH CAROLINA Parcels #2290001202, 22900012, 2290001301, 2290001402,2290001403,2290001416 COUNTY OF BRUNSWICK THIS DEED, made this and dayof March, 2017, by and between Sarah S. Williamson (divorced), of 4297 Babson Road, NW, Ash, NC 28420, hereinafter, whether one or more, referred to as "GRANTOR," and Glen Norwood Williamson, Jr. (divorced), whose mailing address is PO Box 742, Shallotte, NC 28459, hereinafter, whether one or more, referred to as "GRANTEE": WITNESSETH THAT the Grantor, in consideration of the sum of ONE DOLLAR to her in hand paid bythe Grantee, the receipt and sufficiency of which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple all of those certain lots or parcels of land situated in Brunswick County, North Carolina, and more particularly described as follows: See Exhibit A attached hereto and incorporated herein by reference. This property _does x does not include the primary residence of the Grantor. The purpose of this conveyance is to vest sole title in the name of the Grantee, free and clear of any marital rights of Grantor to said property, and to allow Grantee to henceforth convey and encumber said property or any portion thereof without the consent or joinder of the Grantor, pursuant to a Mediated Settlement Agreement and Consent Judgment filed January 27, 2017 in 13 CVD 1235, between Grantor and Grantee. Prepared by: Laura E. Thompson, Aftofney at Law WITHOUT OPINION ON TITLE PO Box 11028, Southport, NC 28461 (No title examination or opinion requested or rendered) 6EeE1VED JAN]52019 ')CM-MHD CITY RECEIVED DCM WILMINGTON. NC IIIIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIII IB P0468�o46,31, W erunsulck County, N Raglslar of O.ads PROP page 2 of 3 It is the intention of the parties hereto that the property described herein shall be considered separate property of the Grantee pursuant to the Equitable Distribution Act (N.C.G.S. §50-20 at seq.) and that Grantor relinquish all right or claim to said property in said Act for the valuable consideration paid to Grantor. TO HAVE AND TO HOLD the hereinabove described lots or parcels of land, together with all privileges and appurtenances thereunto belonging unto the Grantee in fee simple. And the Grantor covenants with the Grantee, that the Grantor has done nothing to impair such title as Grantor received, and Grantor will warrant and defend the title against the lawful claims of persons claiming by, under or through Grantor, except for the exceptions hereinafter stated. Taxes for current and subsequent years. Covenants, easements and restrictions of record. IN WITNESS WHEREOF, the Grantor has hereunto set her hand and seal, the day and year first above written. (c=z�A %� �/ _ (SEA I Sarah S. Williamson STATE OF AZ#,Jh /B,cp Z,,,� COUNTYOF �iunsw�e,k.. I certify that Sarah S. Williamson personally appeared before me this day and (Please indicate, by marking gn2 of the following, the manner of identification of the principal: ()0 1 have personal knowledge of the identity of the principal. ( ) I have seen satisfactory evidence of the principal's identity, by current State or Federal identification with the principal's photograph in the form of a ( ) A credible witness has sworn to the identity of the principal.) acknowledged to me that she voluntarily signed the foregoing document for the purpose stated therein and in the capacity indicated. Date: 4(Ofrignn ure of Notary) My commission expires: L/io�olk /P L9n/L rr0"Ors (Notary's printed or name Notary Public eaa�gqOL P, k( rY' P typed ), rY (Official Seal) i WOT4,9y��tiE y MY c c %� EXPIRE, C, AUBLIC �'�U 3 JAN 15 2019 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC IIIII III III I III I III IIII IIIIIIIIIII III r8 and. P4 sese49 ro ai 1PROP Brunswick County, NC Register of Deeds page 3 of 5 EXHIBIT A TRACT ONE: BEGIURIUG at an iron Pipa. saki pipe being further located by the followinq_tr averse: raverse: Commencing at a c.ike in tha intersectich of centerllnes of SR 1155 and SR 1154 and runs with SwAd SR 1154 north 15 degrees 55 minutes 25 seconds east 559.00 feet to a railroad spike in the centerline of said road and where said road 'crosses Jennie-s Branch)thence with the centerline of said road north 12 degrees 35 minutes 05 seconds east 724.73 feet to a railroad' spike; thence leaving said SR 1154 and runs to and with an old farm road north 84 degrees 11 minutes 43 seconds west 626.41 feat to an iron pipe on the south edge of said farm road; thence south 3 degrees 49 minutes 05 seconds west 290.02 feat to the point and place of beginning and proceeds from said beginning south 3 degrees 49 minutes 28 seconds west 87. 01 feet to an iron pipe in the run of Jennies Branch; thence with the run of said branch the following 1S o0urse4: (1) south 77 degrees 35 minutes 25 seconds west 1153.67 feet; (2) north 81 degrees 30 minutes 47 seconds west 105.35 feet; (3) south 35 degrees 13 minutes 39 seconds west 43.09 feet; (•i)north 61 degrees 49 minutes 21 seconds west 46.81 feet; (5) south 61 degrees 10 minutes 20 seconds west 57.09 feet; (6) north 89 degrees 21 minutes 21 seconds west 111.04 fast; (7) north 52 degrees 14 minutes la seconds west 30.90 feet; (8) south 61 degrees 45 minutes 43 seconds west 32.83 feet; (9) south 28 degrees 01 minute 42 seconds vest 48.23 feet; (10) south 70 degrees 40 sinutes 36 seconds west 77.12 feet; (11) north 69 degrees 33 minutes 32 seconds west 25.80 feet; (12) north 75 degrees 02 minutes 00 seconds west 49.42 feet; (13) south 56 degrees 20 minutes 10 seconds west 101.89 teat;. t14) south 84 degrees 5o minutes 57 seconds west 22.47 feat to a rebar; (15) south 84 degrees 50 minutes 57 seconds went 9.30 feet to a point in said rune thencs north 13 degrees 16 minutes 41 seconds west 563.43 feet to an iron pipe; thence with an old aarked line north 65 degrees 39 minutes 52 seconds east 444.48 feet to an iron pipe; thence south 0 degrees 31 minutes 13 seconds vest 495.00 feet to an iron pipe; thence north 80 degrees 30 minutes 00 seconds east 1S72.00 feet to the beginning and contains 9.02 acres Mora or less. For back reference see Book 1095 at Page 335. TRACT TWO: BEGINNING on a poplar in the edge of Jennies Branch and runs south 79 degrees west about 100 pales to a stake on the hill north of said branch; thence with N.L. Ptgott's line north 7 degrees west about 30 poles to a stake corner of Lot No. 2; thence north 79 degrees east to the eastward line; thence south 5 degrees west to the begihnifig. For back reference see Book 3367 at Page 715 and survey recorded in deed recorded in Book 2869 at Page 482. lAN 15 2019 DCU�Aft C/ry RECEIVED DCM WILMINGTON, NC IIIIII II III I II II III IIII IIIIIIIIIII III s3as0 P %. o4; 3°'PROP arunsuick County, NC Register of 0eeds page a of e TRACT THREE: Being Lot No. 2 of the Jennie's Branch tract containing eighteen and one fourth acres more or less, and BEGINNING on a stake in the eastern line, D.H. Pigott's fourth corners and runs South 79 degrees West with his line about 100 poles to a stake, his corner in W.G. Pigott's line ; thence North 1 degree West with his.line 28 or 29 poles to a stake , J.P. Pigotts corner ; thence with his line North 79 degrees East to eastern line ; thence South 5 degrees West to the beginning. Being the same land conveyed to Ronald Lee Tripp by Daught E. Tripp and being more particarly described as tax parcel 60 2290 0 013 0100 Mac in Deed Book 1053 Page 815 and duly recorded in the Brunswick Co. Registry. (For back references sea Book 679 Page 245 and Book 79 Page 113 in the Brunswick Co. Registry. For back reference see Book 3367 at Page 712. There is hereby excepted, however, that certain property described in the Consent Judgment recorded in Book 3774 at Page 285 of the Brunswick County Registry. TRACT FOUR: Being all Oflhat Io0 ncrea, more Or las, pRrce1 02290001402 being banded as follows by adjoining parcels of land: Being bounded on the North by the southern boundary line of that Parcel identified as Parcel #2290001403 being presently or pfeviOusly Owned by Harry I,. Rickenbacker, et RI; thence from the sadhwest Comer of parcel #229WI403 southamly bounded on the west by the eastern line of dot parcel presmdy or previously owned by International Paper Company and identified as Parcel #2290001010 where the eastern line of the pared identified as #22900010 intersects with thnl parcel identified ar Parcel #22900o1301 presently or previously owned by Ronald Lee Tripp; thence I?astnrly with the northern lino of Parcel #2291N10I301 to the northwest Corner of that parcel idemifiel i thParcel #2 hern line a or presently or prVAOUsIy owned by Samuel Inman and William Powell; thence along hamdary line Of Parcel #2290t101202 to the northwest comthe northern comer of that parcel ialong eel as Parcel #229(10012, presently or previously owned by Odell Williamson; thence along the not boundary eastward of that parcel identified as Parcel #229DWI2 to where it interacets with the western boundary line oftlat parcel Identloed as Parcel #229Ixx11405; thence northward along the western boundaries of those parcels identified as Parcel #2290001405, 2290001415, 2290001407,229000I40S,229(=1409,2290001410,2290001411,2290001412,22900014to the point where said line would intersect with the northern boundaryline of the parcel herein being conveyed; thence along the northern boundary lice westward to where said property line imersects with the northeast comer ofthat pared Previously above identfied as parcel #22900010, said parcel as so bounded laving I oo acres, more or less, as described hereinabove. For back reference see Book 1364 at Page 682. There is hereby excepted, however, that certain property described in the Consent Judgment recorded. in Book 3774 at Page 292 of the Brunswick County Registry. BAN 15 2019 DCM MHC CITY RECEIVED DCM WILMINGTON, NC DEC 0 4 2018 03-0B-30i'I IIIII IIIIIIIIIIIIII IIIIIIIIIIIIIIINI Sao Paall„� ;�a 3, Pip Brunswlok County, NC Register of Deeds page 5 of 5 TRACT FIVE: The undivided interest of Grantors as their respective interest may appear on public record: BEING all that parcel of land described as Parcel a 2290001403 on the tax parcel maps of the Brunswick County Tax Department having a southeast corner formerly known as the "Old Pigott Corner" and being the Northwest corner of the Oliver Lewis Property as shown on that map drawn by Thomas W. Morgan, R.L.S. and duly recorded in Map Cabinet L, at Page 315 df the Brunswick County Registry, thence southwesterly to the northwest corner of that parcel containing 100 acres identified on tax parcel maps as parcel #22900014.02 thence northerly to the northwest corner of property herein conveyed being a point in the Wilmington - Georgetown Road as such road is described in Map Cabinet P at Page 323 of the Brunswick Registry, thence along said road and boundary line (being the northern line of said property herein conveyed), to an old concrete monument 0134 located on the north edge of said road, said corner being the northeast corner of the property herein conveyed, thence S 37040'20" to the Point of the beginning and being the property situate as belonging to Joe Brooks a Odell Williamson on Map recorded in Map Cabinet L, Page 315 and being further described by reference on Map 4, Page 10S as Brooks property adjoining the Edgar Tripp Tract shown on said map, said parcel contains forty (40) acres. For back reference see Book 3367 at Page 717. 'AN 15 2019 ')CM-MHC CITY RECEIVED DCM WILMINGTON, NC DEC 0 4 2018 U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT Action Id. SAW-2018-01108 County: Brunswick U.S.G.S. Quad: NC-Shallotte NOTIFICATION OF JURISDICTIONAL DETERMINATION Applicant: McMullan Properties Agent: Land Management Group Rube McMullan Rob Moul 870 Old Canton Road 3805 Wrightsville Ave Marietta, GA, 30068 Wilmington, NC 28403 Size (acres) 1.81 Nearest Town Ocean Isle Beach Nearest Waterway Atlantic Intracoastal Waterway River Basin Pee Dee USGS HUC 3040208 Coordinates Latitude: 33.8913 Longitude:-78.4377 Location description: Project area is located 0.17 acre northeast of the intersection of Gaitha Drive and Causeway Drive. Property is mostly cleared field with existing bulkhead with access to the Intracoastal Waterway. Indicate Which of the Following Apply: A. Preliminary Determination ❑ There appear to be wetlands on the above described project area/property, 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 (PHA) (33 USC § 403). The wetlands have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and reliable. The approximate boundaries of these waters are shown on the enclosed delineation map dated MAP DATE. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. 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. ❑ There appear to be wetlands on the above described project area/property, 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). However, since the wetlands have not been properly delineated, this preliminary jurisdiction determination may not be used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective presumption of CWA/RHA jurisdiction over all of the wetlands at the project area, which is not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps. B. Approved Determination ® There are Navigable Waters of the United States within the above described project area/property 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 (CWA)(33 USC § 1344). Unless there is a change in law or our published regulations, this determination may be relied upon ED a period not to exceed five years from the date of this notification. ''nn AA'' ® There are wetlands on the above described project area/property subject to the permit requirements of Section 404 of glcw 2019 Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published regulations, this deter ptjp�t* may be relied upon for a period not to exceed five years from the date of this notification. "l•M MHO Ciry ❑ We recommend you have the wetlands on your project area/property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation tha(,Fay�leyarifiey the Corps. 0 i9WEd b DEC 192018 DCM WILMINGTON, NC ® The wetlands on your project area/property have been delineated and the delineation has been verified by the Corps. The approximate boundaries of these waters are shown on the enclosed delineation map dated 8/31/2018. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon completion. Once verified, this survey will provide an accurate depiction of all areas subject to CW A and/or RHA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied upon for a period not to exceed five years. ❑ The wetlands have been delineated and surveyed and are accurately depicted on the plat signed by the Corps Regulatory Official identified below on SURVEY SIGNED DATE. 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. ❑ There are no waters of the U.S., to include wetlands, present on the above described project area/property which are subject to the permit requirements of Section 404 of the Clean Water Act (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. ® The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act (CAMA). You should contact the Division of Coastal Management in in Wilmington, NC, at (910) 796-7215 to determine their requirements. Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or placement of structures, or work within navigable waters of the United States without a Department of the Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions regarding this determination and/or the Corps regulatory program, please contact Rachel Cavito at (910)-251-4487 or Rachei.A.0 apito(a) usace. army. mil C. Basis For Determination: Basis For Determination: See the approved jurisdictional determination form dated 8/31/2018. D. Remarks: None. E. 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. F. Appeals Information (This information applies only to approved jurisdictional determinations as indicated in B. above) This correspondence constitutes an approved jurisdictional determination for the above described site. 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: RECEIVED US Army Corps of Engineers South Atlantic Division Attn: Jason Steele, Review Officer 60 Forsyth Street SW, Room 1OM15 Atlanta, Georgia 30303-8801 JAN 15 2019 DC"-MHD CITY 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 10/31/2018. **It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this correspondence.** CAPITO.OACHEL.ANN.15362 „,""�,'°"`°a,—.AA`—ANNa';'„',`a „K Corps Regulatory Official: 76790 RECEIVED Date of JD: 8/31/2018 Expiration Date of JD: 8/3112023 DEC, 19 018 DCM WILMINGTON, NC NO'11F ICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND RE UE T R APPEAL Nlullan Properties, Rube McMullan File Number Salk'-2018-01108 Date: 8/31/2018 rAttaT�hed See Section below PROFFERED PERMIT (Standard Permit or Letter of ermission) A ED PERMIT Standard Permit or Letter of ernnssion B DENIAL C APPROVED JURISDICTIONAL DETERMINATION D EJ PRELIMINARY JURISDICTIONAL DETERMINATION H SE ON I - The o ow ng r enti tea your rights and options regarding an administrative appeal of the above decision. Additional information may be found at or htti)://www.usace.army.miL/Missions/CivilW ermits.as x or the Corps regulations at 33 CFR Part 331. A: INITIAL PROFFERED PERMIT: You may accept or object to the permit. • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in Section B below. B: PROFFERED PERMIT: You may accept or appeal the permit • ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit. • APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by completing Section 11 of this form and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of this notice. D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new information. • ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD. • APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative Appeal Process by completing Section II of this form and sending the form to the district engineer. This form must be received by the division engineer within 60 days of the date of this notice. E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the Corps to reevaluate the JD. RECEIVED SECTION II - RA DCM-MHD CITY DEC 192018 DCM WILMINGTON, NC REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or objections are addressed in the administrative record.) ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record. However, you may provide additional information to clarify the location of information that is already in the administrative record. POINT OF CONTACT FOR QUESTIONS OR INFORMATION: If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may appeal process you may contact: also contact: District Engineer, Wilmington Regulatory Division Mr. Jason Steele, Administrative Appeal Review Officer Attn: Rachel Capito CESAD-PDO Wilmington Regulatory Office U.S. Army Corps of Engineers, South Atlantic Division U.S Army Corps of Engineers 60 Forsyth Street, Room 1OM15 69 Darlington Avenue Atlanta, Georgia 30303-8801 Wilmington, North Carolina 28403 Phone: (404) 562-5137 RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day notice of any site investigation, and will have the opportunity to participate in all site investi ations. Date: Telephone number: Signature of appellant or agent. For appeals on Initial Proffered Permits send this form to: District Engineer, Wilmington Regulatory Division, Attn: Rachel Capito , 69 Darlington Avenue, Wilmington, North Carolina 28403 For Permit denials, Proffered Permits and Approved Jurisdictional Determinations send this form to: Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Jason Steele, Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801 Phone: (404) 562-5137 RECEIVED BAN 15 2019 DCM-MHD CITY RECEIVED DEC 19 DCM WILMINGTON, NC APPROVED JURISDICTIONAL DETERMINATION FORM U.S. Army Corps of Engineers This form should be completed by following the instructions provided in Section IV of the JD Form Instructional Guidebook. SECTION 1: BACKGROUND INFORMATION A. REPORT COMPLETION DATE FOR APPROVED JURISDICTIONAL DETERMINATION (JD): 8/31/2018 B. DISTRICT OFFICE, FILE NAME, AND NUMBER: Wilmington District, 43 Causeway Dr, SAW-2018-01108 C. PROJECT LOCATION AND BACKGROUND INFORMATION: Project area is located 0.17 acre northeast of the intersection of Gaitha Drive and Causeway Drive. Property is mostly cleared field with existing bulkhead with access to the Intracoastal Waterway. State: North Carolina County/parish/borough: Brunswick City: Ocean Isle Beach Center coordinates of site (lat/long in degree decimal format): Lat. 33.8913 , Long.-78.4377 Universal Transverse Mercator: Name of nearest waterbody: Atlantic Intracoastal Waterway Name of nearest Traditional Navigable Water (TNW) into which the aquatic resource flows: Name of watershed or Hydrologic Unit Code (HUC): ® Check if map/diagram of review area and/or potential jurisdictional areas is/we available upon request. ❑ Check if other sites (e.g., offsite mitigation sites, disposal sites, etc...) are associated with this action and are recorded on a different 1D fom : D. REVIEW PERFORMED FOR SITE EVALUATION (CHECK ALL THAT APPLY): ❑ Office (Desk) Determination. Date: ® Field Determination. Date(s): 6/12/2018 SECTION It: SUMMARY OF FINDINGS A. RHA SECTION 10 DETERMINATION OF JURISDICTION. There are "navigable waters of the U.S." within Rivers and Harbors Act (PHA) jurisdiction (as defined by 33 CFR part 329) in the review area. [Required] ® Waters subject to the ebb and flow of the tide. ❑ Waters are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. Explain: B. CWA SECTION 404 DETERMINATION OF JURISDICTION. There are "waters ofthe US." within Clean Water Act (CWA) jurisdiction (as defined by 33 CFR part 328) in the review area. [Required] 1. Waters of the U.S. a. Indicate presence of waters of U.S. in review area (check all that apply): t ❑ TNWs, including territorial seas ® Wetlands adjacent to TNWs ❑ Relatively permanent waters' (RPWs) that flow directly or indirectly into TNWs ❑ Non-RPWs that flow directly or indirectly into TNWs ❑ Wetlands directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to but not directly abutting RPWs that flow directly or indirectly into TNWs ❑ Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs ❑ Impoundments of jurisdictional waters ❑ Isolated (interstate or intrastate) waters, including isolated wetlands b. Identify (estimate) size of waters of the U.S. in the review area: Non -wetland waters: linear feet, wide, and/or acres. Wetlands: 0.1 acres. c. Limits (boundaries) of jurisdiction based on: 19V II11 tlaatlotMattnal RECEIVED Elevation of established OHWM (if known): 2. Non -regulated waters/wetlands (check if applicable):3 11JA■nnD CN 15 2ol9 DC,V' Boxes checked below shall be supported by completing the appropriate sections in Section 111 below, 't�Ty '- For purposes of this form, an RP W is defined as a tributary that is not a TN W and that typically flows year-round or has continuousgsJ fas(; Sraso^ Ily" (e.g., typically 3 months). pEtriff" ' Supporting documentation is presented in Section III.F. DEC 1 g" g DCM WILMINGTON, NC ❑ Potentially jurisdictional waters and/or wetlands were assessed within the review area and determined to be not jurisdictional. Explain: SECTION III: CWA ANALYSIS A. TNWs AND WETLANDS ADJACENT TO TNWs The agencies will assert jurisdiction over TNWs and wetlands adjacent to TNWs. If the aquatic resource is a TNW, complete Section III.A.1 and Section IILD.1. only; if the aquatic resource is a wetland adjacent to a TNW, complete Sections III.A.1 and 2 and Section III.D.1.; otherwise, see Section IILB below. 1. TNW Identify TNW: Atlantic Intracoastal Waterway Summarize rationale supporting determination: The Atlantic Intracoatal Waterway is used for navigation 2. Wetland adjacent to TNW Summarize rationale supporting conclusion that wetland is "adjacent': Wetland is tidal marsh that abuts the TNW B. CHARACTERISTICS OF TRIBUTARY (THAT IS NOT A TNW) AND ITS ADJACENT WETLANDS (IF ANY): This section summarizes information regarding characteristics of the tributary and its adjacent wetlands, if any, and it helps determine whether or not the standards for jurisdiction established under Rapanos have been met. The agencies will assert jurisdiction over non -navigable tributaries of TNWs where the tributaries are "relatively permanent waters" (RPWs), i.e. tributaries that typically flow year-round or have continuous flow at least seasonally (e.g., typically 3 months). A wetland that directly abuts an RPW is also jurisdictional. If the aquatic resource is not a TNW, but has year-round (perennial) flow, skip to Section IILD.2. If the aquatic resource is a wetland directly abutting a tributary with perennial flow, skip to Section IILDA. A wetland that is adjacent to but that does not directly abut an RPW requires a significant nexus evaluation. Corps districts and EPA regions will include in the record any available information that documents the existence of a significant nexus between a relatively permanent tributary that is not perennial (and its adjacent wetlands if any) and a traditional navigable water, even though a significant nexus finding is not required as a matter of law. If the waterbody° is not an RPW, or a wetland directly abutting an RPW, a JD will require additional data to determine if the waterbody has a significant nexus with a TNW. If the tributary has adjacent wetlands, the significant nexus evaluation must consider the tributary in combination with all of its adjacent wetlands. This significant nexus evaluation that combines, for analytical purposes, the tributary and all of its adjacent wetlands is used whether the review area identified in the JD request is the tributary, or its adjacent wetlands, or both. If the JD covers a tributary with adjacent wetlands, complete Section 111.B.1 for the tributary, Section III.B.2 for any onsite wetlands, and Section IILB.3 for all wetlands adjacent to that tributary, both onsite and offsite. The determination whether a significant nexus exists is determined in Section IILC below. 1. Characteristics of non-TNWs that flow directly or indirectly into TNW (I) General Area Conditions: Watershed size: Pick List Drainage area: Pick List Average annual rainfall: inches Average annual snowfall: inches (ii) Physical Characteristics: (a) Relationship with TNW: ❑ Tributary flows directly into TNW. ❑ Tributary flows through Pick.Liat tributaries before entering TNW. Project waters are Pick List river miles from TNW. Project waters are Pick List river miles from RPW. RECEIVED Project waters are Pick List aerial (straight) miles from TNW. Project waters are Pick List aerial (straight) miles from RPW. Project waters cross or serve as state boundaries. Explain: Identify flow route to TNW': Tributary stream order, if known: JAN 15 2019 DCM-MHD CITY ° Note that the Instructional Guidebook contains additional information regarding swales, ditches, washes, and erosional features generally and in the and West. a Flow route can be described by identifying, e.g., tributary a, which flows through the review area, to flow into tributary b, veYinLr}apt7pvFiatyTNW . DEC 19'2018 DCM WILMINGTON (b) General Tributary Characteristics (check all that apply): Tributary is: ❑ Natural ❑ Artificial (man-made). Explain: ❑ Manipulated (man -altered). Explain: Tributary properties with respect to top of bank (estimate): Average width: feet Average depth: feet Average side slopes: Pick List. Primary tributary substrate composition (check all that apply): ❑ Silts ❑ Sands ❑ Concrete ❑ Cobbles ❑ Gravel ❑ Muck ❑ Bedrock ❑ Vegetation. Type/%cover: ❑ Other. Explain: Tributary condition/stability [e.g., highly eroding, sloughing banks]. Explain: Presence ofmn/riitle/pool complexes. Explain: Tributary geometry: Pick List Tributary gradient (approximate average slope): % (c) Plow: Tributary provides for: Pick List Estimate average number of flow events in review area/year: Pick List Describe flow regime: Other information on duration and volume: Surface flow is: Pick List. Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: Tributary has (check all that apply): ❑ Bed and banks ❑ OHWMI (check all indicators that apply): ❑ clear, natural line impressed on the bank ❑ changes in the character of soil ❑ shelving ❑ vegetation matted down, bent, or absent ❑ leaf litter disturbed or washed away ❑ sediment deposition ❑ water staining ❑ other (list): ❑ Discontinuous OHWM.7 Explain: ❑ the presence of litter and debris ❑ destruction of terrestrial vegetation ❑ the presence of wrack line ❑ sediment sorting ❑ scour ❑ multiple observed or predicted flow events ❑ abrupt change in plant community If factors other than the OHWM were used to determine lateral extent of CWAjurisdiction (check all that apply): ❑ High Tide Line indicated by: ❑ Mean High Water Mark indicated by: ❑ oil or scum line along shore objects ❑ survey to available datum; ❑ fine shell or debris deposits (foreshore) ❑ physical markings; ❑ physical markings/characteristics ❑ vegetation lines/changes in vegetation types. ❑ tidal gauges ❑ other (list): (iii) Chentical Characteristics: Characterize tributary (e.g., water color is clear, discolored, oily film; water quality; general watershed characteristics, etc.). Explain: RECEIVED Identify specific pollutants, if known: (iv) Biological Characteristics. Channel supports (check all that apply): ❑ Riparian corridor. Characteristics (type, average width): 'JA N 15 2019 ❑ Wetland fringe. Characteristics: DCM-MHD CITY °A natural or man-made discontinuity in the OHWM does not necessarily sever jurisdiction (e.g., where the stream temporarily flows underground, or where the OHWM has been removed by development or agricultural practices). Where there is a break in the OHWM that is unrelated to the t t} cgime (e.g., flow over a rock outcrop or through a culvert), the agencies will look for indicators of flow above and below the break. RV 'Ibid. DEC 19 2018 DCM WILMINGTON, NC ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spa" areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 2. Characteristics of wetlands adjacent to non-TNW that flow directly or indirectly into TNW (i) Physical Characteristics: (a) General Wetland Characteristics: Properties: Wetland size: acres Wetland type. Explain: Wetland quality. Explain: Project wetlands cross or serve as state boundaries. Explain: (b) General Flow Relationship with Non-TNW: Flow is: Pick Lit. Explain: Surface flow is: Pick Last Characteristics: Subsurface flow: Pick List. Explain findings: ❑ Dye (or other) test performed: (c) Wetland Adjacency Determination with Non-TNW: ❑ Directly abutting ❑ Not directly abutting ❑ Discrete wetland hydrologic connection. Explain: ❑ Ecological connection. Explain: ❑ Separated by benn/barrier. Explain: (d) Proximity (Relationship) to TNW Project wetlands are Pick Lit river miles from TNW. Project waters are Pick List aerial (straight) miles from TNW. Flow is from: Pick List. Estimate approximate location of wetland as within the P"UN floodplain. (ii) Chemical Characteristics: Characterize wetland system (e.g., water color is clear, brown, oil film on surface; water quality; general watershed characteristics; etc.). Explain: identify specific pollutants, if known: (iii) Biological Characteristics. Wetland supports (check all that apply): ❑ Riparian buffer. Characteristics (type, average width): ❑ Vegetation type/percent cover. Explain: ❑ Habitat for: ❑ Federally Listed species. Explain findings: ❑ Fish/spawn areas. Explain findings: ❑ Other environmentally -sensitive species. Explain findings: ❑ Aquatic/wildlife diversity. Explain findings: 3. Characteristics of all wetlands adjacent to the tributary (if any) All wetland(s) being considered in the cumulative analysis: Pink tit Approximately acres in total are being considered in the cumulative analysis. For each wetland, specify the following: Directly abuts? (Y/N) Size (in acres) Directly abuts? (Y/N) Summarize overall biological, chemical and physical functions being performed: RECSWEO Size (in acres) BAN 15 2019 RECE VEDClTy DEC 1 g vq DCM WILMINGTON, NC C. SIGNIFICANT NEXUS DETERMINATION A significant nexus analysis will assess the flow characteristics and functions of the tributary itself and the functions performed by any wetlands adjacent to the tributary to determine if they significantly affect the chemical, physical, and biological integrity of a TNW. For each of the following situations, a significant nexus exists if the tributary, in combination with all of its adjacent wetlands, has more than a speculative or insubstantial effect on the chemical, physical and/or biological integrity of a TNW. Considerations when evaluating significant nexus include, but are not limited to the volume, duration, and frequency of the flow of water in the tributary and its proximity to a TNW, and the functions performed by the tributary and all its adjacent wetlands. It is not appropriate to determine significant nexus based solely on any specific threshold of distance (e.g. between a tributary and its adjacent wetland or between a tributary and the TNW). Similarly, the fact an adjacent wetland lies within or outside of a floodplain is not solely determinative of significant nexus. Draw connections between the features documented and the effects on the TNW, as identified in the Rapanos Guidance and discussed in the Instructional Guidebook Factors to consider include, for example: • foes the tributary, in combination with its adjacent wetlands (if any), have the capacity to carry pollutants or flood waters to TNWs, or to reduce the amount of pollutants or flood waters reaching a TNW? • Does the tributary, in combination with its adjacent wetlands (if any), provide habitat and lifecycle support functions for fish and other species, such as feeding, nesting, spawning, or rearing young for species that are present in the TNW? • Does the tributary, in combination with its adjacent wetlands (if any), have the capacity to transfer nutrients and organic carbon that support downstream foodwebs? • foes the tributary, in combination with its adjacent wetlands (if any), have other relationships to the physical, chemical, or biological integrity of the TNW? Note: the above list of considerations is not inclusive and other functions observed or known to occur should he documented below: 1. Significant nexus findings for non-RPW that has no adjacent wetlands and flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary itself, then go to Section III.D: 2. Significant nexus findings for non-RPW and its adjacent wetlands, where the non-RPW flows directly or indirectly into TNWs. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: 3. Significant nexus findings for wetlands adjacent to an RPW but that do not directly abut the RPW. Explain findings of presence or absence of significant nexus below, based on the tributary in combination with all of its adjacent wetlands, then go to Section III.D: D. DETERMINATIONS OF JURISDICTIONAL FINDINGS. THE SUBJECT WATERS/WETLANDS ARE (CHECK ALL THAT APPLY): 1. TNWs and Adjacent Wetlands. Check all that apply and provide size estimates in review area: ❑ TNWs: linear feet, wide, Or acres. ® Wetlands adjacent to TNWs: 0.1 acres. 2. RPWs that flow directly or indirectly into TNWs. ❑ Tributaries of TNWs where tributaries typically flow year-round are jurisdictional. Provide data and rationale indicating that tributary is perennial: ❑ Tributaries of TNW where tributaries have continuous flow "seasonally" (e.g., typically three months each year) are jurisdictional. Data supporting this conclusion is provided at Section III.B. Provide rationale indicating that tributary flows seasonally: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 3. Non-RPWss that flow directly or indirectly into TNWs. ❑ Waterbody that is not a TNW or an RPW, but flows directly or indirectly into a TNW, and it has a significant nexus with a TNW is jurisdictional. Data supporting this conclusion is provided at Section III.C. RECEIVED Provide estimates for jurisdictional waters within the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: 4. Wetlands directly abutting an RPW that flow directly or indirectly into TNWs. "Sce Footnote s 3. ,JAN 15 2019 DCM-MHD CITY RECEIVED DEC 152018 DCM WILMINGTON, NC ❑ Wetlands directly abut RPW and thus are jurisdictional as adjacent wetlands. ❑ Wetlands directly abutting an RPW where tributaries typically flow year-round. Provide data and rationale indicating that tributary is perennial in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: ❑ Wetlands directly abutting an RPW where tributaries typically flow "seasonally." Provide data indicating that tributary is seasonal in Section III.B and rationale in Section III.D.2, above. Provide rationale indicating that wetland is directly abutting an RPW: Provide acreage estimates for jurisdictional wetlands in the review area: acres. 5. Wetlands adjacent to but not directly abutting an RPW that flow directly or indirectly into TNWs. ❑ Wetlands that do not directly abut an RPW, but when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisidictional. Data supporting this conclusion is provided at Section IILC. Provide acreage estimates for jurisdictional wetlands in the review area: acres. 6. Wetlands adjacent to non-RPWs that flow directly or indirectly into TNWs. ❑ Wetlands adjacent to such waters, and have when considered in combination with the tributary to which they are adjacent and with similarly situated adjacent wetlands, have a significant nexus with a TNW are jurisdictional. Data supporting this conclusion is provided at Section IILC. Provide estimates for jurisdictional wetlands in the review area: acres. 7. Impoundments of jurisdictional waters.0 As a general rule, the impoundment of ajurisdictional tributary remains jurisdictional. ❑ Demonstrate that impoundment was created from "waters of the U.S.," or ❑ Demonstrate that water meets the criteria for one of the categories presented above (1-6), or ❑ Demonstrate that water is isolated with a nexus to commerce (see E below). E. ISOLATED (INTERSTATE OR INTRA-STATE( WATERS, INCLUDING ISOLATED WETLANDS, THE USE, DEGRADATION OR DESTRUCTION OF WHICH COULD AFFECT INTERSTATE COMMERCE, INCLUDING ANY SUCH WATERS (CHECK ALL THAT APPLY): 10 ❑ which are or could be used by interstate or foreign travelers for recreational or other purposes. ❑ from which fish or shellfish are or could be taken and sold in interstate or foreign commerce. ❑ which are or could be used for industrial purposes by industries in interstate commerce. ❑ Interstate isolated waters. Explain: ❑ Other factors. Explain: Identify water body and summarize rationale supporting determination: Provide estimates for jurisdictional waters in the review area (check all that apply): ❑ Tributary waters: linear feet, wide. ❑ Other non -wetland waters: acres. Identify type(s) of waters: ❑ Wetlands: acres. F. NONJURISDICTIONAL WATERS, INCLUDING WETLANDS (CHECK ALL THAT APPLY): ❑ If potential wetlands were assessed within the review area, these areas did not meet the criteria in the 1987 Corps of Engineers Wetland Delineation Manual and/or appropriate Regional Supplements. ❑ Review area included isolated waters with no substantial nexus to interstate (or foreign) commerce. ❑ Prior to the Jan 2001 Supreme Court decision in "SWANCC," the review area would have been regulated based solely on the "Migratory Bird Rule" (MBR). ❑ Waters do not meet the "Significant Nexus" standard, where such a finding is required for jurisdiction. Explain: ❑ Other: (explain, if not covered above): Provide acreage estimates for non -jurisdictional waters in the review area, where the sole potential basis ofjurisdiILiecmrs (i.e., presence of migratory birds, presence of endangered species, use of water for irrigated agriculture), using best pro M�pp ent (check all that apply): JAN 15 2019 'To complete the analysis refer to the key in Section III.D.6 of the Instructional Guidebook. 10 Prior to asserting or declining CWA jurisdiction based solely on this category, Corps Districts will elevate the action tolaind Rpq,klQJp v' w consistent with the process described in the Corps/EPA Memorandum Regarding CWA Ac(JurisdicNan Following RapanaF "IYI IVI I"1 LJ (�� RECEIVED DEC 19 DCM WILMINGTON, NC ❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide. ❑ Lakestponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. Provide acreage estimates for non -jurisdictional waters in the review area that do not meet the "Significant Nexus" standard, where such a finding is required forjurisdiction (check all that apply): ❑ Non -wetland waters (i.e., rivers, streams): linear feet, wide. ❑ Lakes/ponds: acres. ❑ Other non -wetland waters: acres. List type of aquatic resource: ❑ Wetlands: acres. SECTION IV: DATA SOURCES. A. SUPPORTING DATA. Data reviewed for JD (check all that apply - checked items shall be included in case file and, where checked and requested, appropriately reference sources below): ® Maps, plans, plots or plat submitted by or on behalf of the applicant/consultant: ® Data sheets prepared/submitted by or on behalf of the applicant/consultant. ® Office concurs with data sheets/delineation report. ❑ Office does not concur with data sheets/delineation report. ❑ Data sheets prepared by the Corps: ❑ Corps navigable waters' study: ❑ U.S. Geological Survey Hydrologic Atlas: ❑ USGS NHD data. ❑ USGS 8 and 12 digit HUC maps. ® U.S. Geological Survey map(s). Cite scale & quad time: 7.5 minute Shallotte quad ® USDA Natural Resources Conservation Service Soil Survey. Citation: USDA Soil Survey Brunswick County ❑ National wetlands inventory map(s). Cite name: ❑ State/Local wetland inventory map(s): ❑ FEMA/FIRM maps: ❑ 100-year Floodplain Elevation is: (National Geodectic Vertical Datum of 1929) ® Photographs: ® Aerial (Name & Date): NAPP 1998, GIS World Imagery 2016, NC OneMap 2016 or ❑ Other (Name & Date): ❑ Previous determination(s). File no. and date of response letter: ❑ Applicable/supporting case law: ❑ Applicable/supporting scientific literature: ❑ Other information (please specify): B. ADDITIONAL COMMENTS TO SUPPORT JD: RECEIVED JAN 15 2019 DCM.MhD C11'y RECEIVED DEC 19 '0�3 DCM WILMINGTON, NC RECEIVED DEC 19 . DCM WILMINGTON, NC , NOTE: This is not a survey. All boundaries and distances are considered approximate. ° This represents a preliminary sketch prepared from field notes. A survey of delineated 1 areas and review and approval by the US Army Corps of Engineers and NC Division of Coastal Management is recommended prior to specific site planning. i �IiIIIIIIII11k_ -- 1 Legend ,� Parcel boundary = 1.81 ac ' „ , a a a p r ors Uplands — 1.7 ac (94%) !� CAPITO.RACHEL.A = Section 404 wetlands — 0.1 ac (6%) NN.1536276790 Data points k BAN 15 20 L:\CAMA\2018 CAMA FILES\01-18-155 — Ocean Isle Commercial Canal, Rube McMullan\MAPS `Boundaries are approximate and are not meant to be absolute.KIN Map Source: 2016 NC One Map SCALE 1" = 100 Ocean Isle Commercial Canal LMG DEC 19 20',8 ceanwnxnaewsxt aaoue:., Brunswick County, NC m•,.•, o , , o „ F1g ure 7 www.Imcrouo.net Preto May 2018 3805 Wrightsville Avenue Upland/V11et, LMG # 01-18-155 Wilmington, NC 28403 Phone: 910.452.0001 Fax: 910.452.0060 1 9 JC DCM WILMINGTON, NC December 19, 2018 Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 Mr. McGuire: I received your notice of the CAMA Major Permit Application submitted by McMullen Ventures, LLC for development activity on its property located at 43 Causeway Drive, Ocean Isle Beach, North Carolina. As an adjacent property owner, I understand my comments related to this proposed development will be considered during review of the application. It is my desire for this project to have no direct impact on my personal property, especially relative to stormwater runoff. During your site visit this week I'm sure you observed standing water on the site. I've attached photos of this as well. Given that a proposed parking area is intended in that area, it appears the existing grades will need alteration to change this condition. I request careful review of the related plans to ensure no impact to my property. I appreciate your consideration and remain available to discuss any details of the current and past site related conditions. Feel free to call me at 910-579-3487, or 910-579-9615. Sincerely, � r John Sheffield Property Owner, 57 Causeway Drive, Ocean Isle Beach, NC Enclosures RECEIVED JAN 15 2019 OCM-AMI) CITY RECEIVED DCM WILMINGTON, NC 0 F C 2 8 7018 I • -.. ._ �.0 '. .. cam. _ RECEIVED DCM WILMINGTON, NC JAN 15 2019 OCM-&4HD CITY nA --Or -T- m 77% MAPIAIiB] North Carolina Secretary of State Search Results • File an Annual Report/Amend an Annual Report • Upload a PDF Filing • Order a Document Online Add Entity to My Email Notification List • View Filings • Print an Amended a Annual Report form • Print a Pre -Populated Annual Report form Limited Liability Company Legal Name McMullan Ventures, LLC. Information Sosld: 0627858 Status: Current -Active Annual Report Status: Current Citizenship: Domestic Date Formed: 4/17/2002 Registered Agent: McMullan, Rube Addresses Mailing Principal Office 72 Craven Street 72 Craven Street Ocean Isle Beach, NC 28469-7634 Ocean Isle Beach, NC 28469-7634 Reg Office Reg Mailing 72 Craven Street 72 Craven Street Ocean Isle Beach, NC 28469-7634 Ocean Isle Beach, NC 28469-7634 Company Officials All LLCs are managed by their managers pursuant to N.C.G.S. 57D-3-20. Manager Rube mcmullan Mcmullan 870 Old Canton Rd RECEIVED Marietta GA 30068 JAN 15 2019 DCM•MHD CITY https://w .sosnc.gov/online_services/search/Business_Registration_Results 1/1 McGuire, Tvler D From: Claire St Cyr <claire@bonanzagrouponline.com> Sent: Tuesday, January 8, 2019 2:20 PM To: McGuire, Tyler D Subject: [External] CAMA Permit- 43 Causeway Drive OIB Follow Up Flag: Follow up Flag Status: Flagged Categories: LAMA Dear Mr. McGuire, We received the CAMA Major Permit application for our adjacent property located at 43 Causeway Drive in Ocean Isle Beach. After reviewing, I'd like to note that the Site Plan shows the existing conditions of our property and does not accurately reflect our permitted docks that are currently under construction at 21 Causeway Drive. Also, It is not clear on the Site Plan that the boat lift for slip 29 will be located out of the riparian corridor adjacent to our lot. The application shows 15 feet from the forger pier rather than 15 feet from the riparian line, and instead located the boat lift dimensions in the riparian corridor. We would like to confirm the 15 foot setback from the riparian line, and that the boat lift shown will not be located within 15 feet of the riparian line. Thank you for the opportunity to review the application. Claire St. Cyr Executive Director The Bonanza Group PO Box 687, Elkin, NC 28621 Office: (336) 258-2576 Mobile: (336) 469-4507 Fax: (866) 604-6477 RECEIVED JAN 1 5 2019 This email message, including attachments, is sent by The Bonanza Group LLC and may contain confide nDtial ^nfonnatiD Tf re not you a the intended recipient, please (i) do not read, print, forward or copy this email delete this email from your computer. Thank you. , (ii) notify us of the error by a reply to this email, and Chi) Lam:: mi-' irr,4GTON, NC JAN 0 8 2019 4LMG LAND MANAGEMENT GROUP a CA6TT#. company January 3rd, 2019 TO: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 43 Causeway Drive, Ocean Isle Beach Tyler, Please find enclosed 5 copies of the revised Sheet 1 of%1. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, �A- y.\._ Greg Finch Land Management Group Enclosure: As Stated RECEIVED JAN IO 3 2119 RECEfVED DCM WILMINGTON, NC www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 JAN 15 26' 19 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DCA"HD CITY 4LMG LAND MANAGEMENT GROUP a DAIEA company -"4,F-IVE[ ` DEC 19 2018 f3Y December 19, 2018 TO: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 43 Causeway Drive, Ocean Isle Beach Tyler, Please find enclosed 5 survey copies, certified mail cards, and Jurisdictional Determination. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, Greg Finch Land Management Group Enclosure: 5 Survey Copies; Certified Mail Cards; Jurisdictional Determination RECEIVED JAN 15 2019 DCM-MHD CITY RECEIVED www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DEC 19 2018 DCM WILMINGTON, NC 4LMG LAND MANAGEMENT GROUP a DAIEA company December 4th, 2018 TO: Tyler McGuire North Carolina Department of Environmental Quality Division of Coastal Management 127 Cardinal Drive Extension Wilmington, NC 28405 RE: 43 Causeway Drive, Ocean Isle Beach Tyler, Please find enclosed $400 fee check for the 43 Causeway Drive CAMA Major Permit application. Please let me know if you have any questions or need anything in addition to accept the application as complete. Sincerely, Greg Finch Land Management Group Enclosure: $400 fee check - 43 Causeway Drive CAMA Major Permit Application RECEIVED DCM WILMINGTON, NC DEC 0 REdE1VED www.lmgroup.net • info@lmgroup.net • Phone: 910.452.0001 • Fax: 910.452.0060 JAN 15 2019 3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 DCM-MHD CITY Contents 1. Form DCM-MP-1...................................................................................................................................1 2. Form DCM MP-2...................................................................................................................................5 3. Form DCM MP-3...................................................................................................................................7 4. Form DCM MP-4...................................................................................................................................9 5. DCM MP-1 Section 6.0 Additional Information..................................................................................13 5.1 Section 6. a. Project Narrative....................................................................................................13 Appendices Appendix A -Site Location Map and Work Plats Appendix B-Deed, Agent Authorization and Adjacent Riparian Owner Notifications Appendix C-Spoil Disposal Permission Letter and Location Map CAMA Permit Application for Major Development — December 2019 43 Causeway Drive Ocean Isle Beach, Brunswick County, North Carolina ?F. ED JAii y ZUJ9 DCM-MHD CITY RECEIVED DCM WILMINGTON, NC DEC 0 4 2018 i