20220594 Ver 1_DCM Permit_20230124

Permit Class
NEW
(BY CRC VARIANCE)
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
ermit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118
Excavation and/or filling pursuant to NCGS 113-229
Permit Number
15-23
Issued to New Jack Partners LLC c/o Nancy Grier, 3200 N Ocean Blvd. Apt. 408 Ft. Lauderdale, FL 33308
Authorizing development in New Hanover County at adj to Masonboro Sound, at 4601 & 4607 New
Jack Rd. in Wilmington ,as requested in the permittee's application dated 1/28/22 (MP-1) and 2/6/22 (MP-4)
incl. work plan drawings (4), Sheet 1 of 6 dtd 3/18/22, Sheets 2-3 of 6 dtd 3/21/22, and Sheet 4 of 6 dtd 4/11/22.
This permit, issued on January 24, 2023 , 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.
New Docking Facility
1) In keeping with the Variance (CRC-VR-22-05) granted by the Coastal Resources Commission (CRC)
on November 17, 2022, and the Order signed by the CRC Chair on December 17, 2022, this permit
authorizes only the docks, piers, gazebo, 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
additional authorization.
2) This permit authorizes a maximum of 5 formalized boat slips.
(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.
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
All work must cease when the permit expires on This permit and its conditions are hereby accepted.
January 24, 2028
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signature of Permittee

New Jack Partners, LLC Permit No. 15-23
Page 2 of 4
ADDITIONAL CONDITIONS
The waterward edge of the authorized docking facility shall be staked by the permittee prior to the start
of the dock construction and the permittee shall contact the appropriate DCM Field Representative for
an inspection to verify the authorized dock length and distance from NHW. The stake shall remain in
place for the duration of the construction project.
NOTE: The permittee is cautioned that, due to the proximity of the AIWW, boats utilizing the docking
facility will be subject to frequent wave wash from passing vessels. The issuance of this permit
does not relieve the permittee from taking all proper steps to ensure the integrity of the structure
and the safety of moored boats. The permittee shall not hold the State of North Carolina or the
United States liable for any damage to the structure or moored boats.
Any portion of the permitted access pier 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.
The authorized pier spanning the navigable shore parallel slough, approximately 170 feet waterward
from the edge of the waterbody, shall provide a minimum vertical navigational clearance of 6 feet, as
measured from the normal high-water level to the lowest portion of the pier structure and a minimum
horizontal navigational clearance of 6 feet. This bridge portion of the pier was specifically required by
the CRC as a condition of the variance (see December 17, 2022 Order p.23).
The permittee shall install and maintain at its 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.
The authorized gazebo 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.
) The roof of the gazebo shall not be designed for second story use.
) 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.
10) 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.
11) The authorized project is located within a primary nursery area (PNA). Therefore, in accordance with
NCAC 15A:07H.0208 of the Rules of the Coastal Resources Commission, no new dredging or
excavation within the PNA shall be permitted. Dredging in any manner, including "kicking" with boat
propellers, is not authorized. This prohibition shall be applied and enforced throughout the entire
existence of the permitted structure.
12) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.

New Jack Partners, LLC Permit No. 15-23
Page 3 of 4
ADDITIONAL CONDITIONS
Deed Covenant prohibiting additional piers
13) As required by Conditions 1-3 of the CRC's Variance Order (See December 17, 2022 Order, pp. 23-24),
DCM acknowledges receipt of a copy of the declarations which were recorded at Book 6617, Page 1196
of the New Hanover County Registry on January 17, 2023 (See Page 1209). DCM Counsel has reviewed
the covenants and acknowledges that they appear to meet Conditions 1- 3 of the Variance Order.
As -Built Survey
14) No portion of any structure shall be located within 80 feet of the near bottom edge of the federally
maintained AIWW channel. An as -built survey shall be performed on the docking facilities, and copies
of the survey provided to the U.S. Army Corps of Engineers and Division of Coastal Management,
within 60 days of completion of construction of these portions of the project.
General
15) 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.
16) In order to ensure compliance with the conditions of this Permit, the permittee and its contractor shall
schedule a pre -construction conference with the Division of Coastal Management prior to the initiation
of any dredging or mobilization activities.
17) This permit does not authorize any permanent or long-term interference with the public's right of access
and/or usage of all State lands and waters.
NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required, to include any authorization required by the
U.S. Army Corp of Engineers.
NOTE: The N.C. Division of Water Resources has authorized the proposed project under General Water
Quality Certification No. 4501 (DWR Project No. 20220594).
NOTE: An application processing fee of $250 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.