98-22 DJM-NC

Permit Class Permit Number
NEW 98-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission

for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

Excavation and/or filling pursuant to NCGS 113-229

Issued to DJM-NC, LLC, 1838 Sir Tyler Drive, Suite 210, Wilmington, NC 28405
Authorizing development in New Hanover County at adj. to AIWW, at 1970 Deep Creek Run (Lots 1, 2, 3)
in Wilmington, as requested in the permittee’s application dtd “revised 7/14/22” (MP-1, MP-4), and 7/21/21 (MP-3), incl.
wk pln dwgs (5) Sheet 1 dtd 7/19/21, Sheet 2 dtd 1/18/21, Sheet 3 dtd 7/12/21, Sheet 4 dtd 1/21/22, & Sheet 5 dtd “revised 7/14/22”.
This permit, issued on September 21, 2022 , is subject to compliance with the application (where
consistent with the permit), all applicable regulations, special conditions and notes set forth below. Any violation
of these terms may be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.

This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.

This permit must be accessible on-site to Department
personnel when the project is inspected for compliance.

Any maintenance work or project modification not covered
hereunder requires further Division approval.

All work must cease when the permit expires on

September 21, 2027

In issuing this permit, the State of North Carolina agrees that
your project is consistent with the North Carolina Coastal
Management Program.

Signed by the authority of the Secretary of DE Q and the Chair
of the Coastal Resources Commission.

For Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Docking Facility

1) This permit authorizes only the docks, piers, gazebos, boatlifts, 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 docking facility
without permit modification. No non-water dependent uses of structures shall be conducted on, in or
over Public Trust waters without permit modification.

2) This permit authorizes a maximum of 6 formalized boat slips.

(See attached sheets for Additional Conditions)

DJM-NC, LLC Permit No. 98-22
Page 2 of 3

ADDITIONAL CONDITIONS

3) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the established pier-head line.

4) Should Lot 2 be sold prior to the initiation of construction of the docking facility, the owners of Lot 1
and Lot 3 shall obtain a written agreement from the new owner(s) waiving the minimum setback, and
authorization to construct the portion of the docking facility within the property owner’s riparian
setback, and submit it to the Division of Coastal Management prior to initiating construction of the
docking facility.

5) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
mooring. Any sewage discharged at the mooring 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.

6) Any portion of the permitted access piers and docking facilities built over wetlands shall not exceed six
feet in width and shall be elevated a minimum of three feet above the wetland substrate as measured
from the bottom of the decking.

7) 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 minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.

8) The authorized gazebos shall not be enclosed. Any material used on the sides shall not obstruct view and
shall be permeable to air and water. Screen or wire on the sides along with benches are permitted.
Lattice is specifically excluded from being used under this authorization.

9) The roof of each gazebo shall not be designed for second story use.

10) 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.

11) The authorized structures and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.

12) This permit does not authorize any dredging in association with the authorized docking facility.

Upland Development – Retaining/Landscape Wall

13) 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 retaining wall and stone
landscape wall, all as expressly and specifically set forth in the attached permit application and workplan
drawings.

DJM-NC, LLC Permit No. 98-22
Page 3 of 3

ADDITIONAL CONDITIONS

14) The limits of disturbance associated with the construction of the authorized retaining wall shall be
limited to the area necessary to set the tiebacks and for the purposes of backfilling, all as depicted on the
attached workplans. Excessive grading or land disturbance may require Erosion and Sedimentation
Control Plan authorization. Unless specifically altered herein, any grading or land disturbance activity
located outside this area may require a modification of this permit.

15) No backfill or excavated material shall be placed within 30 feet of the normal high-water line.

Sedimentation and Erosion Control

16) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

17) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

General

18) 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.

19) All construction debris associated with the removal or construction of the permitted docking facilities
shall be contained within the authorized project area and disposed of in an approved upland location.

20) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, including but not limited to any authorizations
required from the U.S. Army Corps of Engineers.

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 5023 and assigned the project DWR Project No. 2022-0410.

NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at [phone] 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 mean high-water level.

NOTE: An application processing fee of $400 was received by DCM for this project.