HomeMy WebLinkAbout20221204 Ver 1_OTH Realty - # 90-97_20220103Permit Class
MODIFICATION/MAJOR
Permit Number
90-97
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
etmit
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 OTH Realty, LLC, 232 Causeway Drive Suite 1-3, Wrightsville Beach, NC 28480
Authorizing development in New Hanover County at adj. to the N. Cape Fear River, at 1701 and
1709 N. Jel Wade Dr. in Wilmington , as requested in the permittee's application dated 7/12/22
(MP-1, MP-3, MP-4), including work plan drawings (4) Sheets 1-4 of 4, dated 6/27/22.
This permit, issued on December 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.
Marina Expansion
1) This permit authorizes only the floating docks, forklift platform, dry stack vessel storage, 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 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 4 additional formalized wet boat slips for a maximum of 56 formalized boat
slips at this marina.
(See attached sheets for Additional Conditions)
This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.
This permit must be accessible on -site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work must cease when the permit expires on
December 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 DEQ and the Chair
of the Coastal Resources Commission.
For Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
Signature of Permittee
OTH Realty, LLC Permit No. 90-97
Page 2 of 3
ADDITIONAL CONDITIONS
The concrete abutment shall either be poured at an upland location and pushed into place once hardened
or poured entirely within a watertight containment structure. Live concrete shall not be allowed to
contact waters of the State or waters that will enter waters of the State.
The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.
Any portion of the permitted access gangways 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.
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.
No portion of the permitted structure shall be located within 80 feet of the near bottom edge of the
federally maintained AIWW channel.
An "As -Built" survey of the approved marina expansion must be submitted within thirty (30) days of
project completion to the U.S. Army Corp of Engineers Wilmington Regional Office, 69 Darlington
Avenue, Wilmington, North Carolina 28403.
Upland Development — Dry Stack Vessel Storage
Unless specifically altered herein, all work shall be done in accordance with the permittee's application
and work plan drawings (4) Sheets 1-4 of 4, dated 6/27/22.
10) This permit authorizes only the proposed upland development, as depicted in the attached permit
application, project narrative, and workplan drawings. Any other work or development proposed in an
Area of Environmental Concern (AEC), including but not limited to the Coastal and Estuarine Shoreline
AECs and located within the applicant's property, shall require a review and authorization from the
Division of Coastal Management prior to work commencing.
Sedimentation and Erosion Control
11) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
12) 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
13) 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.
14) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.
OTH Realty, LLC Permit No. 90-97
Page 3 of 3
ADDITIONAL CONDITIONS
15) 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 5433 and assigned the project DWR Project No 2022-1204.
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 mean high-water level.
NOTE: An application processing fee of $400 was received by DCM for this project.