HomeMy WebLinkAbout20231193 Ver 1_DCM Permit_20231026Permit Class
NEW
Permit Number
122-23
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
rrmit
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to MJ Vacation Properties, LLC, 18402 Peninsula Cove Ln, Cornelius, NC 28031
Authorizing development in
New Hanover
County at adj. to Banks Channel, at 5 Auditorium
Circle, Wrightsville Beach , as requested in the permittee's application submitted electronically (PA-1163)
on 8/18/23, including attached workplan drawings (2). Page 1 of 2 dated 5/22/23 and Page 2 of 2 dated 8/l/23.
This permit, issued on October 25, 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.
Docking Facility Reconfiguration
1) This permit authorizes the demolition and replacement of the existing docking facility with a new
docking facility, including the docks, piers, boatlifts, covered platform, and other structure and uses
located in or over that 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 4 formalized boat slips at this docking facility.
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
October 25, 2028
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
NIJ Vacation Properties, LLC Permit No. 122-23
Page 2 of 3
ADDITIONAL CONDITIONS
3) All portions of the authorized structure 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.
4) 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.
5) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water.
6) The roof of the covered platform shall not be designed for second story use.
7) 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.
8) 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.
9) 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.
Sedimentation and Erosion Control
10) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
11) 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
12) All mechanized equipment will be regularly inspected and maintained to prevent contamination of
waters and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the recent of a
spill of petroleum products or any other hazardous waste, the 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.
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.
MJ Vacation Properties, LLC
ADDITIONAL CONDITIONS
Permit No. 122-23
Page 3 of 3
15) The permittee and/or their 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.
NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2023-01721).
NOTE: The N.C. Division of Water Resources authorized the proposed project by way of General Water
Quality Certification 4497 and assigned the project DWR Project No. 2023116.
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: An application processing fee of $250 was received by DCM for this project.