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HomeMy WebLinkAbout115-18 MM 2021 TJ's Land Development LLCPermit Class MODIFICATION/MAJOR STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission Permit for X Major Development in an Area of Environmental Concern pursuant to NCGS 113A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Number 115-18 Issued to T.J.'s Land Development LLC., PO Box 125, Pantego, NC 27860 Authorizing development in Beaufort County add' to confluence of Baker's Canal and Creek and Battalina Creek at 727 Pantego Street, near Belhaven, as requested in the permittee's application dtd 3/27/21 and narrative addendum dtd 6/8/21, incl att workplan drawing (3), Sheets 1-3 of all dtd "Mod. Date 6/8/2111 . This permit, issued on August 20, 2021 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. Navigational Aids 1) In accordance with the letter dated from the perm ittee dated 6/8/21, the "Information Boards" originally proposed for this project is hereby deleted. Any and all reference to the originally proposed "Information Boards" in the attached permit application or workplan drawings is hereby considered null and void. 2) Unless specifically altered herein, this permit authorizes the installation of 5 day marker type navigational aids, all as expressly and specifically set forth in the attached permit application and workplan drawings. (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 31, 2024 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee T.J.'s Land Development LLC. Permit No.115-18 Page 2 of 2 ADDITIONAL CONDITIONS 3) The navigational aids shall conform with any and all appropriate regulations governing such structures, including but not limited to marking and lighting requirements of the N.C. Wildlife Resources Commission and/or the U.S. Coast Guard. 4) 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. USACAE Conditions 5) Navigational aids will be placed in accordance with the U.S. Coast Guard's Private Aids to Navigation authorization and will not include any type of private signage or information board. General 6) 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. 7) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 8) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 9) This Major Modification shall be attached to Permit No. 115-18, which was issued to the permittee on 10/5/18, as well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 10) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. 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 assigned the proposed project COE Action Id. No. SAW- 2018-01563. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2018-1108 Q. NOTE: An application processing fee of $250 was received by DCM for this project. S � r DIVISION OF COASTAL MANAGEMENT Application Processing Notes Applicant: Type: (Check all that apply) New ,Y(Major Mod __. Permit# vob Minor Mod ---,--Renewal Permit Coordinator:_ ---- Field Representative: Date Time lkl l N56 ' V\u R41u Transfer Message Y) DCM Coordinator: ct"I g, Permit #: MAILING DISTRIBUTION SHEET Permittee: Agents:-rdDfYV t-Swe't'. o i -r DCM Field Offices v P-((K �`� °'_- Elizabeth City hington (fe^+ (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 Steffans (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: Renee Gledhill -Earley at Environmental.Review@ncdcr.gov Public Water Supply: Heidi Cox (WIRO) Clif Whitfield (WARO) Marine Fisheries: Kim Harding Jimmy Harrison / NC DOT: _David Harris " / Shellfish Sanitation: fhannon Jenkins / Sharon Gupto>S State Property: Tim Walton / Mike Moser DEMLR/DWR: Sheri Montalvo / Shelton Sullivan Washington: Chris Pullinger-40� Tina Martin - 401 Roger Thorpe-Stormwater Garcy Ward- (NCDOT-Beaufort, Bertie, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, Pamlico, Pasquotank, Perquimans, Tyrrell, Washington) Wilmington: Holley Snider-401 (Carteret, Onslow, Pender, Brunswick, New Hanover) Christine Hall - Stormwater Joanne Steenhuis - 401 (NCDOT-Brunswick, New Hanover, Onslow, Pender) Wildlife Resources: Maria Dunn (WARO) (NCDOT) Travis Wilson Natural Heritage Program Rodney Butler LPO: =W1 APPLICATION for NOW Development Permit (last revised 12/27/06) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner information Business Name Tj Land Development Llc Project Name (If applicable) TJ Marina and Boatyard Applicant 1: First Name Tobin MI J. Last Name Tetterton Applicant 2: First Name MI Last Name If additional applicants, plesse attach an additional page(s) with names fisted. Mailing Address PO Box 125 City Pantego State NC ZIP 27860 Country us Phone No. 252 - 943 - 3366 ext. FAX No. Street Address (if different from above) city State ZIP Email tobin@rsnet.org 2. Agent/Contractor Information Business Name N/A ent/ Contractor 1: First Name 6c+ 'P" MI Mtn} I' Last Name 1✓W��L�. Agent/ Contractor 2: First Name MI Last Name Mailing Address �jlr vva�fr� PO Box City State ZIP Phone No. 1 I ft -$vl -ext. Pho ne No. 2 ext. FAX No. Contractor # Street Address (if different from above) City Slate ZIP Email <Form continues on back> RECEIVED MAY 12 2021 252-808.2808 . , oi,.: •:HCOAST :: wcoastalmanagen0(jW*MHD CITY Form DCM MP-1 (Page 2 of 4) APPLICATION for Major Development Permit 3. PirofectLocation County (can be multiple) Street Address State Rd. If Beaufort County 727 Pantego Street Off HWY 264 Subdivision Name City State Zip TJ Marina and Boatyard Belhaven NC 27810 - Phone No. Lot No.(s) (d many, attach additional page with list) (252) — 943- - 3333 ext. I , a. In which NC river basin Is the project located? b. Name of body of water nearest to proposed project Tar Pamlico Battillina Creek 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 Purge River a. Is proposed work within city limits or planning jurisdiction? f. If applicable, list the planning jurisdiction or city limit the proposed []Yes NNo work falls within. N/A 4. Site Descn'ptlon a. Total length of shoreline on the tract (ft.) b. Size of entire tract (sq.ft.) Approx. 1,200' 7.62 acres or 331,927 ft' c. Size of Individual lot(s) d. Approximate elevation of tract above NHW (normal high water) or N/A, I I NWL (normal water level) (If many lot aizes, please attach additional page with a list) 3S ❑NHW or ❑N W L e. Vegetation on tract Vegetated areas are limited to the adjacent coastal wetlands marsh. The adjacent marsh is vegetated with high marsh species such as black needlerush and giant cordgrass. I. Man-made features and uses now on tract Boat slips, travel lift and associated slip and Marina office, gravel boatyard g. Identify and describe the existing land uses adlacent to the proposed project site. Mixed adjacent land uses include residential, commercial fishing dockage and boatyard h. How does local government zone the tract? 1. Is the proposed project consistent with the applicable zoning? Marine Industrial (Attach zoning compliance certificate, if applicable) ®Yes []No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes NNo k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. []Yes ❑No NNA If yes, by whom? I. Is the proposed project located in a National Registered Historic District or does It involve a []Yes []No ®NA National Register listed or eligible property? <Form continues on next page> RECEIVED MAY 12 2021 252.808-2808 :: 1.888-411COAST :: www.nccoastalmanagom(lDOM-MHO CITY Form DCM MP-1 (Page 3 of 4) APPLICATION for Major Development Permit M. (1) Are there wetlands on the she? SYes ❑No (ill Are there coastal wetlands on the site? SYes []No (111) If yes to either (1) or (II) above, has a delineation been conducted? SYes []No (Attach documentation, If available) n. Describe existing wastewater treatment facilities. Town of Belhaven Sewer o. Describe existing drinking water supply source. Town of Belhaven p. Describe existing storm water management or treatment systems. Subsurface drain, existing boat wash down pad 5. Activities and Impacts a. Will the project be for commercial, public, or private use? SCommercial ❑PublielGovernment ❑Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The purpose of this project is to provide a series of 5 channel markers designed per US Coast Guard standards to mark a channel Into harbor area housing two separate boatyards. The purpose to provide safe passage of boats that draft T to T. 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. 10" diameter treated pilings will be driven by an excavator with a hydrolic pile driver on a barge. d. List all development activities you propose. Drive 5 pilings to serve as channel markers. e. Are the proposed activities maintenance of an existing project, new work, or both? both f. What is the approximate total disturbed land area resulting from the proposed project? 5 ff' SSq.Ft or 1--]Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ❑No SNA that the public has established use of? It. Describe location and type of existing and proposed discharges to waters of the state. N/A t. WIII wastewater or stormwater be discharged Into a wetland? ❑Yes ❑No (DNA 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 HNA If yes, attach a mitigation proposal. <Form continues on back> MAY 12 2021 252.008.2808 .. 1-888.4RCOAST .. www.nccoastalnranagornent.nel Ir i Form DCM MP-1 (Page 4 of 4) APPLICATION for Major Development Permit 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 property 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 authorlzed 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 litle 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 mall. 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 SEE ATTACHED RIPARIAN PROPERTY OWNER LIST Phone No. Address Name Phone No. Address 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. It. 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. Certlflcatlon 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 k/mowls do� Date _27 March 2021 Print Name f 11J�gllc��� Signature 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 RECEIVED MAY 12 2021 252.800-2808 :: 1-888.4RCOAST :: www.nccoaslalmanagomenDQM-MHD CITY Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint Application that relate to this proposed project. Please include all supplemental information. 1. DOCKING FACILITY/MARINA CHARACTERISTICS ®This section not applicable a. (I) Is the docking facility/marina: b. (1) Will the facility be open to the general public? []Commercial ❑PublldGovemment ❑Private/Community ❑Yes ❑No c. (1) Dock(s) and/or pier(s) d. (1) Are Finger Piers included? ❑Yes ❑No (II) Number If yes: (III) Length (It) Number (iv) Width (III) Length (v) Floating []Yes []No (iv) Width (v) Floating ❑Yes []No e. g) Are Platforms included? []Yes ❑No f. (i) Are Boatlifts Included? []Yes ❑No If yes: If yes: (II) Number (11) Number (III) Length (111) Length (iv) Width (Iv) Width (v) Floating ❑Yes []No Note: Roofed areas are calculated from ddpline dimensions. g. (1) Number of slips proposed h. Check all the types of services to be provided. ❑ Full service, including travel lift and/or rail, repair or (ii) Number of slips existing maintenance service ❑ Dockage, fuel, and marine supplies ❑ Dockage ('Wet slips') only, number of slips: _ ❑ Dry storage; number of boats: ❑ Boat ramp(s); number of boat ramps: ❑ Other, please describe: I. Check the proposed type of siting: J. Describe the typical boats to be served (e.g., open runabout, ❑ Land cut and access channel charter boats, sail boats, mixed types). ❑Open water; dredging for basin and/or channel ❑Open water; no dredging required []Other; please describe: k. Typical boat length: _ I. (i) Will the facility be open to the general pubCEIVED ❑Yes ❑No m. (I) WIII the facility have tie pilings? ❑Yes ❑No MAY 12 2021 (it) If yes number of tie pilings? DCM-MHD CITY 252•1108-2.808 :: 1•808-411COAST :: www_nccoostOlrnanagrmentnet revised: 12/27/06 Forth DCM MPS-4 (Structures, Page 2 of A) 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. G. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (I) Give the location and number of "No Sewage Discharge' signs proposed. (II) Give the location and number of'Pumpout Available' signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and *No Wake' signs proposed. _ I. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. J. What will be the manna policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin gushing? I. If this project is an expansion of an existing marina, what types of services are currently provided? 4ECEIVED m. Is the marina/docking facility proposed within a primary or secondary nursery area? MAY 12 2021 ❑Yes ❑No DCM-MHD CITY 252.806-?.808 :: 1.888.4RCOASY :: www.necoastafnianagement.net revised: 12127106 Form UCM MP-4 (Structures, Pane 3 of 4) 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. ❑CW ❑SAV ❑Se OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No If yes, give the name and address of the leaseholder(s), and give the proximity to the lease. 3. BOATHOUSE (including covered lifts) ®This section not applicable a. (1) Is the boathouse structure(s): ❑Commercial ❑Public/Government ❑PrivatelCommunity (ii) Number (III) Length (iv) Width Note: Roofed areas are calculated from ddpline dimensions. 4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-2, Excavation and Fill.) ®This section not applicable a. (1) Number (11) Length _ pip width _ 5. BREAKWATER (e.g., wood, shestpile, etc.) ®This section not applicable a. Length b. Average distance from NHW, NWL, 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 ❑PubliclGovemment ❑Prtvate/Community, C. Distance to be placed beyond shoreline Note: This should be measured from marsh edge, if present. e. Arc of the swing 7. GENERAL It. Number d. Description of buoy (color, inscription, size, anchor, etc.) AECEIVED MAY 12 2021 0CM-MHD CITY 252-808.280111 :: 1.888.4NCOAST :: www.nccoastatmanagomont.net revised: 12t27t06 Forst DCM MP-4 (Structures, Page 4 of 4) a. Proximity of structure(s) to adjacent riparian property lines b. Proximity of structure(s) to adjacent docking facilities. N/A N/A Note: For buoy or mooring piling, use arc of swing including length ofvessel. c. Width of water body 500, e. (i) Will navigational aids be required as a result of the project? ❑Yes ®No DNA (ii) If yes, explain what type and how they will be implemented. d. Water depth at waterward end of structure at NLW or NWL -4' to -9' & OTHER ❑This section not applicable a. Give complete description: The proposal is to drive 5 channel markers consisting of 10" round pilings driven in place with a hydraulic pile driver on an excavator held in place on a barge. A 2' x 2' green square or 2' x 2' red triangle shaped marker will be boiled to the piling elevated 7' above the normal water level (NWL). The markers will be sequentually numbered with reflective tape and painted with reflective paint. The marker will be double sided to assist both inbound and outbound traffic. The markers will be painted and located per US Coast Guard specs for inbound and outbound traffic. 27 March 2021 Date TJ Manna and Boatyard Project / or, w I � L --r42r. rBt y Applicant Nfma'� ) Applicant Signature RECEIVED MAY 12 2021 DCM-MHD CITY 2'.i2•80tt-2008 :: 1.888-411COAST :: www.nccoastalmanagement.net revised: 12127/00 T J Is Marine Construction, LLC P O Box 125 Pantego, N.C. 27860 27159 Hwy 264 East Belhaven NC 27810 252-943-6677 Office email: tobinarsnet.ore 8 June 2021 Mr. Shane Staples North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 Dear Mr. Staples: The purpose of this letter is to amend the Major Modification request to Major CAMA/Dredge and Fill permit no. 115-18 for the construction of day markers to mark the channel in Battalina Creek. This amendment is in response concerns raised by US Coast Guard and the Division of Coastal Management as brought to our attention by Mr. Raleigh Bland with the regulatory branch of the US Army Corps of Engineers in the Washington Field Office. Attached to this letter are modified plats to remove any reference to the previously requested "Information Boards". I hope this satisfies the USCG concerns. If there is anything else needed to complete the processing of the permit application please let me know. Sincerely, pear Agent for Toby Tetterton Toby Tetterton TJ Land Development LLC (252)944-5555 RECEIVED JUN 2 B 2021 VaP SECTION MNO r r Sixth Siding Awl" 35.538614 N,-76.603841 W Belhaven NI%9° River Y ~_ 0" piling lone Red light reflecting material ig: (White reflective paint) '6" 4: Size: 10" piling Light: none Color: Red light reflecting material Marking: (White reflective paint) "4!' i S =c . Size: 10" piling Light: none LMJ Color: Green light reflecting material A 1/ Marking: (White reflective paint) t 1P A ,11 N 2 8 2021 NIP SECTION MIHD TJ Marina and Boatyard Channel Marker Loca Date: 25 January 2021 Modified to Remove Proposed Information Bo; Mod. Date: 8 June 2021 Sheet 2 of 4 2: Size: 10" piling Light: none Color: Red light reflecting Marking: (White reflective ,.2„ 1 BC: Size: 10" piling Light: Green FL 4s Color: Green light reflecting material Marking: (White reflective paint) "1 BC" OMNI-DIRECTIONAL, GREEN LIGHT 4S RD125 LENGTH 1 MILE VIZ, 1 CANDELA *GREEN LIGHT REFLECTING -x' MATERIAL, WHITE REFLECTIVE LETTERING *NOTF. 2'-0" f[RRi7GA]IIIR�J.? MEAN HIGH WATER MARK REC 25-JAN-21 TJ Marina and Boatyard Channel Marker Detail Date: 25 January 2021 Modified to Remove Proposed Information Board Mod. Date: 8 June 2021 Sheet 3 of 4 *GREEN LIGHT REFLECTING MATERIAL, WHITE REFLECTIVE LETTERING *NOTE• WILL POST BOARD ON REVERSE SIDE OF PILING FOR OUTBOARD TRAFFIC 10" DIA. PILINGS MEAN HIGH WATER MARK *RED LIGHT REFLECTING MATERIAL, WHITE REFLECTIVE LETTERING *NOTE• WILL POST BOARD ON REVERSE SIDE OF PILING FOR OUTBOARD TRAFFIC 10" DIA. PILINGS MEAN HIGH WATER MARK MARKERS- ELEVATION DETAIL IIi"d 2 8 2021 SCALE: 3/8" = i•a• MP SECTION MD Bodnar Gregg From: Bodnar, Gregg Sent: Friday, August 20, 2021 2:49 PM To: tobin@rsnet.org Cc: Spivey, Kelly; Staples, Shane; Sparks, Keri E; SVC_DCM.MHC.Admins Subject: Us Land Development CAMA Modification #115-18 Attachments: 115-18 T.Is Land Development.pdf Afternoon Mr. Tetterton, Please see above for a copy of the permit modification. The original will be in the mail shortly. Please contact your field rep before construction to review the conditions of the permit to familiarize yourself with the specifics of the permit. In addition, objections to the proposal have been received and those parties will be notified of the permit issuance. Regards, Gregg :evY.rtaq i1 f r..aom,rxri maa.3 Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 28M ext 21S (Office) Greaa. Bdnar@ncdenr.rtov Email correspondence to and from this address is subject to the North Carolina Pablk Records Law and may be disclosed to third parties. rYJl�I}v(aif.1IMYPRbWalll Qlf}F/� I Gregg Sodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 808 2808 ext 225 (Office) Gre nary nrde,gargprr Email correspondence to and from this address is subject to the North Carolina Public Records taw and may be disdosed to third porties. I iiIIITN,. I III 9590 9402 5391 9189 2704 28 United States Postal Servlce your name, Division of Coastal Management 400 Commerce Avenue Morehead City, NC 28557 Fir:t-Class Mail Postage 8 Fees Paid USPS Permit No. G-10 iI�11��nlliih�Idlinlilill�urinllnlnrhhi�yh�iPl��q ■ 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: Mr. William Axson Smith Jr. PO Box 295 Belhaven, NC 27810 IIIIIIIIIIIIII'IIIIIIIIIIIIIIIIIIIIIIIII IIIIII 9590 9402 5391 9189 2704 28 7019 0140 0001 0231 8953 X t� 4 ❑ Agent of Delivery ! D. Is delivery edtlpaaeelifla7}nt from item 17 U Yet If YES, a iterdti(13a►3r aiDiprts below: ❑ No Service Type -y9� J ❑ priority Mail Express® Adult Signature ❑ Registered Mail - Adult Signature Resticted Delivery ❑ Registered Mall Restricted Cergfed Mail® Delivery Certified Mall Restricted Del" O Return Receipt for Collect on Delivery Merchandise Collect on Delivery Restricted Delivery ❑ Signature Confirmation*"' Insured Mail ❑Signature Confirmation IRestricted Delivery Restricted Delivery � aft PS Forth 3811, July 2015 PSN 7530-02-D00-9053 Domestic Return Receipt _ Y Certified Mail service provides the following benefits: • A recelpt (this human of the Certified Mall label). for an electronic return receipt, see a rehfi • A unique Identifier for your malipiece, associate for assistance. To receive a duplicate •Fectronic verification of delivery v attempted return waipi for no additions fee, presemthks delNery. 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However, the purchase (not available at retail), of Certified Mall service does rim change the • To ensure that your Certified Mall receipt is insurance coverage automatically included with accepted as legal prom of mailing, it should heara cartain Pit" Mail items. USPS pommark If you would like a pwlmark on • For an additional fee, and wRh a proper this Certified Mail receipt, please present your endorsement on the mailplece, you may request Cerified Mail item at a Post Office" for the following services: postmarking. R you don't need a postmark an this - Return receipt service, which provides a word Ceffied Mail receipt, catch the barcuded pofon atdelivery Reducing the recipiem's signature). of this label, affix It to the maipiece, apply You can request a hamcopy return receipt Or an appropriate postage, and deposit the mailPlece. electronic version. For a hardcap, return receipt, complete PS Foan 3811, Oami Rehm Recceip{attach PS Form 3811 to your maipiece; IMPOIRAf/C Save this welpi M your recuft K Rom, 3860, April 1015 (Remme) PSN 7536e2-0p' stli 'm Ln IIEr mo I ■ ■ rn certmw Mall Fee O E#I1J S m ervlcas ees(mrecaew ❑Rehm Re pt ftrewpy) ❑ Retum R"Pt(MMMic) Q Q ❑CaOWM Mell Re WMc eelhv r3 ❑ FCult SgnMure ReaUW ❑A 0Sgnanoe RWncte NIW p Postage S riTOLI FoshYa and Fees Ir rri SentTolN�i. Li4H" M1 Sveei'endllec Fr7px' AR I13-/8' E Postmark E Here �a11Qd S�a�� W"- ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director Mr. William Axson Smith Jr. PO Box 295 Belhaven, NC 27810 Dear Mr. Smith NORTH CAROLINA Environmental Quality August 20, 2021 This letter is intended to notify you of the issuance of a CAMA Major Modification to Permit No. 115-18 for proposed development by T.J.'s Land Development LLC., at 727 Pantego Street, at the confluence of Baker's Canal and Battalina Creek, near Belhaven, in Beaufort County. The permitted project consists of five (5) Day Marker style navigational aids at the headwaters of Battalina Creek. The project has been determined to comply with the Rules of the Coastal Resources Commission and as such, a permit has been issued to authorize the development. I have enclosed a copy of the permit for reference. Please note Condition No. 1 of that permit that removes the "Informational Boards" from the navigational aids. In addition, DCM staff is aware of your concern with the potential removal of the existing navigational pilings over which you claim ownership. DCM staff do not believe the definition of development located in G.S. 113A- 103 (5) a. encompasses the removal of pilings and is therefore not under the jurisdiction of the Division of Coastal Management. If you wish to contest our decision to issue this permit, you may file a request for a Third -Party Appeal. The Chair of the Coastal Resources Commission will consider each case and determine whether to grant your request to file for a Contested Case Hearing. The hearing request must be filed with .the Director, Division of Coastal Management, in writing and must be received within twenty (20) days of the disputed permit decision. If you would like copies of the appropriate appeal forms or should you like to discuss the specifics of the process, please feel free to contact me by telephone at (252) 808-2808 extension 215, or by email at Gregg.Bodnar@ncdenr.gov. CC: DCM WaRO Sincerely, Gregg Bodnar Assistant Major Permits Coordinator North Carolina Department of Environmental Quality I Division of Coastal Management Morehead City Office 1 400 Commerce Avenue I Moorehead City, North Carolina 28557 252.8082808 W L e Permit Class MODIFICATION/MAJOR Permit Number 115-18 STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission 'Vermit for Fj44, � 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 T.J.'s Land Development LLC., PO Box 125, Pantego, NC 27860 Authorizing development in Beaufort County adi to confluence of Baker's Canal and Creek and Battalina Creek at 727 Pantego Street, near Belhaven, as requested in the permittee's application dtd 3/27/21 and narrative addendum dtd 6/8/21, incl att workman drawing (3), Sheets 1-3 of 4 all dtd "Mod. Date 6/8/21". This permit, issued on Aueust 20, 2021 , 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 )e subject to tines, imprisonment or ctvu action; or may cause me permit to oe r u i ano vota. Navigational Aids 1) In accordance with the letter dated from the permittee dated 6/8/21, the "Information Boards" originally proposed for this project is hereby deleted. Any and all reference to the originally proposed "Information Boards" in the attached permit application or workplan drawings is hereby considered null and void. 2) Unless specifically altered herein, this permit authorizes the installation of 5 day marker type navigational aids, all as expressly and specifically set forth in the attached permit application and workplan drawings. (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 31, 2024 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. Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. Signature of Permittee LA T.J.'s Land Development LLC. Permit No. 115-18 Page 2 of 2 ADDITIONAL CONDITIONS Fi 3) The navigational aids shall conform with any and all appropriate regulations govei tructures, including but not limited to marking and lighting requirements of the N.C. Wildlife S es Commission and/or the U.S. Coast Guard. 4) 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. USACAE Conditions 5) Navigational aids will be placed in accordance with the U.S. Coast Guard's Private Aids to Navigation authorization and will not include any type of private signage or information board. General 6) 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. 7) The permittee and/or his or her contractor shall meet with a representative of the Division prior to project initiation. 8) All debris associated with the removal or construction of the permitted development shall be contained within the authorized project area and removed to an appropriate upland location. 9) This Major Modification shall be attached to Permit No. 115-18, which was issued to the permittee on 10/5/18, as well as all subsequent modifications, refinements, and renewals, and copies of all documents shall be readily available on site when a Division representative inspects the project for compliance. 10) All conditions and stipulations of the active permit remain in force, under this Major Modification, unless specifically altered herein. 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 assigned the proposed project COE Action Id. No. SAW- 2018-01563. NOTE: The Division of Water Resources assigned the proposed project DWR Project No. 2018-1108 v2. NOTE: An application processing fee of $250 was received by DCM for this project. _A • . Bodnar, Gregg From: Bodnar, Gregg Sent: Friday, August 20, 2021 2:59 PM To: axson@riverforestshipyard.com' Cc: Charles K McCotter; Spivey, Kelly; Staples, Shane Subject: CAMA major modification Us Land Development Attachments: Axson Smith (TJ's Land Development 115-18).pdf; 115-18 TJs Land Development.pdf Afternoon Mr. Smith, Please see above for notification of the issuance of the major modification to Vs Land Development. If there are any questions please let me know. Regards, Gregg D_EQ� fawexrwt q Wsavn ai Wa�te Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 SW 2BB8 ext 215 (Office) Gregg.Bodnar. ncdeor.gov Email correspondence to and from this address is subject to the North Carolina public Records tow and may be disclosed to third partles. Bodnar, Gregg From: Bodnar, Gregg Sent: Monday, July 19, 2021 9:20 AM To: 'tobin@rsnet.org' Cc: Staples, Shane; Sparks, Keri E Subject: TJs Land Development Extension Morning Mr. Tetterton, Please accept this email as notification of the project extension. The 150 day is 9/30/21. Currently I am waiting on comments from DWR 401. If you have any questions please let me know, Gregg -D_ q Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 SIN 2NO ext 215 (ORke) Gregg. Bf¢nmr0ncdenr gov Email correspondence to and from this address Is subject to the North Carobw Pabuc Records tow and may be dacbsed to third parties. DIVISION OF COASTAL MANAGEMENT APPLICATION TRANSMITTAL AND PROCESSING RECORD APPLICANT: T.J.'s Lnnd Deve%pmenl LLC COUNTY: Beaufort RECEIVED PROJECT NAME: T.J.'s Marina and Boatyard MAY 12 2021 LOCATION OF PROJECT: 727 Pantego Street Belhaven NC 27810 DATE APPLICATION RECEIVED COMPLETE BY FIELD: 5-3-21 DCM-MHD CITY FIELD RECOMMENDATION: Attached: No To Be Forwarded: Yes FIELD REPRESENTATIVE: Staples DISTRICT OFFICE: Washington DISTRICT MANAGER REVIEW: Date i. 2 B) DATE RECEIVED BY MAJOR PERMITS UNIT: FEE REC'D: $250 Click or tap here to enter text. APPLICATION ASSIGNED TO: Bodnar PUBLIC NOTICE REC'D: 5-12-21 END OF NOTICE DATE: 6-1-21 ADJ. RIP. PROP NOTICES REC'D: C) 75 DAY DEADLINE: 7-17-21 EMAIL OUT DATE: 5-12-21 PERMIT FINAL ACTION: ISSUE DENY DEED REC'D: Yes / 150 DAY DEADLINE: 9/ 30 Lt STATE DUE DATE: Click or tap to enter a date. AGENCY DATE NOTES COMMENTS OBJECTIONS: RETURNED YES NO uCM - Field Rep �Ir't ( _ ✓FC.�+�cl �o..- DCM - LUP Consistency Determination_4 Sk4�yf ems. Local Permit Officer SIa_ Corps of Engineers - Regulatory Branch V d / 2049 -2150 DWR-401 Section " Il(p u 7o)&- C'-3 JZ DWR-Public Water Supply l�(u x DEMLR - Stormwater DEMLR - Sed and Erosion DOA - State Property Office Wildlife Resources Commission "M t( DMF-ShellfishSection 5 /g(1/ X DMF - Habitat & Enhancement V Z DNCR - Archives& History DNCR - Natural Heritage Program NCDOT NC Dept of Commerce f4 t v MEMORANDUM TO: Gregg Bodnar THROUGH: Kelly Spivey FROM: Shane Staples DATE: August 11, 2021 SUBJECT: TFs Land Development,LLC Major Mod #115-18 —Navigation Markers TF Land Delopment, LLC proposes to install 5-10" pilings with navigation markers to formally mark the natural and maintained channel in Battalina Creek leading to the applicant's marina and boatyard as well as another boatyard and commercial fishing operation located on an adjacent property. The entrance marker was proposed to have an information/advertisement board for the applicant's facility, but this was later removed from the application at the request of the applicant. Staff has reviewed the proposed project regarding rules found in Subchapter 7H concerning development in Estuarine Water and Public Trust Areas. It is staffs recommendation that the proposed project appears consistent with the rules set forth in 15A NCAC 07H.0208(b)(5), specific use standards for marinas, and the application should be permitted as requested with standard permit conditions. Several of the proposed navigation aids are proposed in close proximity to existing non-standard navigation aids, removal of these pilings would not constitute development thus, staff would defer the removal of existing pilings near the new proposed navigation aid locations to the US Coast Guard ruling on the channel markers. Mr. Axson Smith, an adjacent riparian property owner, has submitted his written objection to the proposed project by letter from his attorney dated April 8, 2021. AUG 1 2 2021 PAP SECTIOM MHD ROY COOPER Governor DIONNE DELLFGATTI Secretary BRAXTON DAVIS Director May 12, 2021 MEMORANDUM FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA Environmental Qualery Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) rcreegg.bodnar(@ncdenr.cov CAMA Major Modification to Major 115.18 Permit Application Review T.J.'s Land Development 727 Pantego Street, Belhaven NC Beaufort County Propose to Install 5 new piling with navigational aids and an Information board for the business. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by June 02 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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. PRINT NAME Shannon Myers AGENCY NCDMF- Shellfish Sanitation and Recreational Water Quality SIGNATURE for Shannon Jenkins DATE 5/14/2021 RECEIVED MAY 1 8 2021 MP SECTION MHD D _E Q North Carolina Department orEmfronmental Quality I DlvlslonorcoastalManagement ryJ Washington Office 1943 Washington Square Mall l Washington, North Carolina 278891252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wihnington, North Carollna 28405 1910.796.7215 n �� r Morehead City Office 1400 Commerce Avenue I Morehead City. North Carolina 28557 1 252.808.2808 "`�_ Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 12512643901 ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Dhvctar May 12, 2021 91"ORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: Gregg Bodnar, Assistant Major Permits Coordinator NC.DEQ - Division of Coastal Management 400 Commerce Ave., Morehead City_, NC 28557 Fax: 252-247-3330 (CdylrO�B.,3,.3j7 tltegmbodnar(Mricdenr.gov CAMA Major Modification to Major 115-18 Permit Application Review T.J.'s Land Development 727 Pantego Street, Belhaven NC Beaufort County Propose to install 5 new piling with navigational aids and an Information board for the business. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by June 02. 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948.3950 when appropriate, in-depth comments with supporting data is requested.. This agency has no objection to the project as proposed. t/ "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. Glib" 64;W,Dld rEr Y.Pubji� 4✓atal Slrnnl y S RECEIIWIFED MAY 1 4 2021 DwNorth Carolina Department of Environmental Quality I Division of Coastal Management WashIngtonOffice I943WashingtonSquare Mall lWashingWmNorthCarolina27a89I252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910796.7215 Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557.1 252.808.2808 Elizabeth City Office 1401 South Griffin Street, Sulte3001:Elizabeth City, North Carogna 279091252.2643901 ROY COOPER GOVl W DIONNE DELLFGATTI sr( eW,y BRAXTON DAVIS tNrertor May 12, 2D21 MEMORANDUM FROM SUBJECT Applicant: Project Location: Proposed Project NDRTH CAROLINA Enytronmen tat Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave, Morehead City, NC 28557 Fax. 252.247-3330 (Courier 04-10-33) g[ego.bodnatQncdgnr. goy CAMA Major Modification to Ma/or 115-18 Permit Application Review T.J.'s Land Development 727 Pantego Street, Belhaven NC Beaufort County Propose to Install 5 new piling with navigational aids and an information board for the business. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at Ube address above by June 02 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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" A 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 Lee Padrick AGENCY NC Commerce I SIGNATURE _4� DATE 5-14-21 ..T" w0I E d b D MAY 1 , 2021 hT SECTION MHD - D North Carollna Departoent of Environmental Quality l Dtvnlon of Coastal Marwyrte nt Washington Onke 19ttwanid WareExirm Mal I Wast*glillunytom North Cardin28405 `,,,/iii"� DrWshinglon Wllmhglon Ofllce 1117 Cardlrol OrNe Ealenyonl WYaurylon, North Cadlrw 291051910.7967115 107967215 Morehead City Onke 1100Cammercr Av r I Mmhrad Gly.NonhrarNina28557 1 252808.2808 Elizabeth City Office 1401 SatnhGrWM SWm. Slfte lW I t Waheth City, North C.boarw 21`x)9 1 2 52 264 3901 ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director May 12, 2021 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA Env7ronmental'Quafiry Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar(ftcdenr.cov CAMA Major Modification to Major 115-18 Permit Application Review T.J: s Land Development 727 Pantego Street, Belhaven NC Beaufort County Propose to Install 5 new piling with navigational aids and an information board for the business. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greco Bodnar at the address above by June 02 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in-depth comments with supporting data is requested. _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 Rachel Love-Adrick AGENCY Division of Coastal Management SIGNATURE WW DATE May 18, 2021 RECEIVED MAY 1 9 2021 MP SECTION MHD North Carolina Department of Environmental Qyallty I DlvisionofCoastal Management ig D Q�� WashingtonOffice 1943 Washington Square Mail l Washington,North Carolina278891252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215 (sue"� MoreheadOtyOmlce 14000ommerceAvenue I Morehead Cny,North Caro11na28557 1252.808.2808 Elizabeth City Office 1 401 South Griffin Street, Suite 3001 Elizabeth City, North Carolina 27909 1252.2643901 ROY COOPER Governor DIONNE DELLI-GATTI secretary BRAXTON DAVIS Director MEMORANDUM NORTH CAROLINA Environmental Quality TO: Gregg Bodnar, Assistant Major Permits Coordinator Division of Coastal Management FROM: Rachel Love-Adrick, District Plannggk Division of Coastal Management oV� SUBJECT: Major Permit Modification Request by TJ Land Development DATE: May 18, 2021 RECEIVED M AY 1 9 2021 p SECTION NI9I® Consistency Determination: The request is consistent with/not in conflict the Beaufort County Joint Land Use Plan 2006 Update certified by the CRC on January 13, 2010. Overview: The 7.62-acre project site is located at 785 E. Pantego St, Belhaven, Beaufort County; adjacent to a canal system off Battalina Creek. This property has an active LAMA Major Permit #115-18 authorizing the development of a marina and boatyard including 13 defined slips, finger piers, pier landward of the bulkhead, upland excavation, maintenance excavation within Baker Canal and Battalina Creek, new bulkhead, boatlift, travel -lift, fuel, and pump -out. The permit has been modified several times including a refinement to the bulkhead alignment and upland excavation nearthe travel -lift, the addition of a catwalk to the jetty adjacent to the boat -ramp, and most recently modification of 6 slips to include boat lifts as well as the addition of upland gazebos. Currently there are three pilings in Batallina Creek that have been in place for an undetermined amount of time marking an informal channel. The entrance marker/piling near the confluence with the Pungo River is marked with a red diamond and a traffic cone, the second piling is marked with remnants of green reflective tape and the final piling nearest the boatyards is marked with small red reflector. This most upstream piling also marks a shoal and the remnants of a sunken metal barge. The applicant is proposing to install 5 - day markers to aid in the navigation leading to the headwaters of Battalina Creek and the location of their marina and boatyard. This is also the location of another marina and boatyard as well as current use by commercial fisherman. The 5-day markers, 3-red, 2-green, will be painted and number per US Coast Guard specifications. The green marker at the entrance of the navigation channel will also green light; an information board with contact information for T.J. 's Marina and Boatyard is also proposed on this marker. The markers will be mounted on 10"-round piling and the markers will be elevated 7' above normal water level. North Carolina Department of Environmental Quality I Division of Coastal Management er �WJ%Z Washington Office 1943 Washington Square Mall l Washington, North Carolina 278891252,946.6481 �� Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1910.7962215 jmmsWgm�u�owosn� Morehead City Office 1400 Commerce Avenue I Morehead City, Noah Carolina 28557 1 252.8082808 Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 1252.2643901 AECs involved include: Estuarine Waters and Public Trust Areas. The project is located within in Tar - Pamlico River Basin and is subject to the Tar -Pamlico Buffer Rule. Battalina Creek is classified as SC;HQW,NSW, and is a Primary NurseryArea. The creek is not open to shellfishing. No Submerged Aquatic Vegetation (SAV) was observed onsite. The site is located in an AE (EL9) Special Flood Hazard Area according to the Beaufort County FIRM (Map # 3720760400J Panel 7604). A report of shellfish, wetlands, and archaeological/cultural resources in the area was not provided. Anticipated impacts resulting from this project are expected to include: the filling 5ft2 of creek bottom and temporary noise and turbidity during construction. Basis for Determination: The project is subject to the Beaufort County Joint Land Use Plan 2006 Update. The counties Future Land Use Map (FLUM) classifies the site as Towns and Community Centers (land), Conservation I (Public Trust and Estuarine Waters AEC, water protected by Tar -Pam Buffer), and Conservation 11(100-yearflood plain). The following LUP policies may be applicable to this request: 2.1 Conservation I 2.1.3 Only development and land/water use activities that are consistent with the use standards for coastal wetlands, estuarine waters, and public trust areas (15A NCAC 07H .0208) are allowed in this classification. Permitted extractive uses in the Aurora area will continue. 2.2 Conservation H 2.2.2 Only development that is consistent with the use standards for the estuarine shoreline AEC and the public trust shoreline AEC (15A NCAC 07H.0209(d)) is allowed. RECEIVE® MAY 1 9 2021 PAP" OSECT10N M H D North Carolina Department of Environmental Quality I Division of Coastal Management D_E QryJ� Washington Office 1943 Washington Square Mail I Washington, North Carolina 27889 1252946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1910.796.7215 Morehead Clty Office 1 400 Commerce Avenue 1 Morehead City, North Carolina 28557 1252.8082808 Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 1252.2643901 ROY COOPER Governor DIONNE DELLFGATTI Secretary BRAXTON DAVIS Director May 12, 2021 MEMORANDUM FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA Environmental Quality Received:5/18/2021 Historic Preservation Office Due: 5/26/2021 ER 18-2050 NC - NCH 5/24/2021 Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-18-33) areaa.bodnar(ftcdenr.gov, CAMA Major Modification to Major 115.18 Permit Application Review T.J.'s Land Development 727 Pantego Street, Belhaven NC Beaufort County Propose to Install 5 new piling with navigational aids and an information board for the business. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by June 02 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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. PRINT NAME Renee Gledhill -Earley AGENCY SIGNATURE Historic Preservation Office DATE 5/25/2021 tf"oECEFIf ED MAY 2 5 2021 FWP SECTION MHD North Carolina Department orEnvlronmental Quality I Division of Coastal Management 01 D Awkl Washington Office 1943 Washington Square Mall l Washington, North Carolina 278891252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I WilnJngton, North Carolina 28405 1910.796.7215 e odo Morehead Chy Office 140OCommerce Avenue I Morehead Chy,North Carolina 28557 1252.808.7.808 Elizabeth City Office 1 401 South Griffin Street, Suite 300 1 Elizabeth City, North Carolina 279091 2522643901 ROY COOPER Gotntmor DIONNE DELLFGATTI Secretary BRAXTON DAVIS Di ecrar May 12, 2021 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA Envlronmentaf Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16.33) gre mbodnar(ci ncdenrgov CAMA Major Modification to Major 115-18 Permit Application Review T.J.'s Land Development 727 Pantego Street, Belhaven NC Beaufort County Propose to Install 5 new piling with navigational aids and an information board for the business. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by June 02 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 when appropriate, in-depth comments with supporting data is requested. This agency has no objection to the project as "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. PRINTNAME �4Mt2 SUM AGENCY SIGNATURE--�— 1 DATE M AY 2 5 2021 MP SECTION MHD North Carolina Department of Environmental Quality I Division of Coastal Management ro D_IF WalNnghm Office 1943 Washington Square Mail I Washingtmt,North Carolma278891 252.946.6461 1jaWilmington Office 112TCardirtal Drive Extension I Wilmington, North Carolina 2840S I91e796.7215 x„\ Morehead City Office 1400 Commerce Avenue l Morehead City. North Carolina 28557 1 252.808.2808 \/ Elizabeth City office 1401 South Griffin Street. Suite 3001 Elizabeth Ciry, North Carolina 2790912522643901 Bodnar, Gregg From: Moore, Bill Sent: Wednesday, May 26, 2021 12:46 PM To: Bodnar, Gregg Subject: CAMA Projects Hey Greg, TJs Land Dev — Beaufort County — Exempt Ronnie Cahoon — Beaufort County— Exempt David Perry/Jerry Ange — Kitty Hawk— sw comments pending response from Quible re. upland development ? Bill Moore, Environmental Engineer Division of Energy, Mineral and Land Resources Washington Regional Office 943 Washington Square Mall Washington, NC 27889 Phone: (252) 946-6481 „D E Q�� OBpLiTenl YI rnYtlwITMW pxaH� Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties f A�• 1 ai __i- North Carolina Wildlife Resources Commission' Cameron Ingram, Executive Director MEMORANDUM TO: Gregg Bodnar RECEIVED Division of Coastal Management North Carolina Department of Environmental Quality A � � MAY 2 7 2021 FROM: Maria T. Dunn, Coastal Coordinator Habitat Conservation Division KIP SECTION M"' DATE: May 27, 2021 SUBJECT: CAMA Dredge/Fill Permit Modification for TJ's Land Development, Permit #115-18, Beaufort County, North Carolina. Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit application with regard to impacts on fish and wildlife resources. The project area is located within Battalina Creek and is associated with the marina located at 785 East Pantego Street in Belhaven, NC.. Our comments are provided in accordance with provisions of the Coastal Area Management Act (G.S. 1I3A- 100 through I I3A-128), as amended, Sections 401 and 404 of the Clean Water Act, as amended, and the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S.C. 661 et seq.). The applicant proposes to install five US Coast Guard approved navigation aids within Battalina Creek. These aids would be day markers, three red and two green. The green entrance marker will also have a green light as well as an information board with contact information for T.J.'s Marina and Boatyard. The navigation aids would be mounted on 10' round pilings and with markers elevated 7' above NWL. Battalina Creek is classified SC HWQ NSW by the Environmental Management Commission and is designated a primary nursery area (PNA) by the NC Division of Marine Fisheries (NCDMF). The NCWRC has reviewed the permit modification request and does not object to the installation of the navigation aids as long as they are consistent with US Coast Guard specifications. However, the inclusion of an information board on a US Coast Guard approved navigation aid has not been observed by NCWRC Enforcement Officers in other areas of the coast. This information board, especially at the mouth of the creek, may cause a distraction to boaters and would be inconsistent with other navigation aids. Therefore, to reduce boater distraction and to have the aids be truly used for navigation, we request the information board not be installed as proposed. We also request all other conditions of Permit #115-18 be included as appropriate. We appreciate the opportunity to review and comment on this permit modification. If you need further assistance or additional information, please contact me at (252) 948-3916 or at maria.dunnna ncwildlife.org Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721 Telephone: (919) 707-0220 • Fax: (919) 707-0028 Bodnar, Gregg From: Spivey, Kelly Sent: Wednesday, June 2, 2021 9:34 AM To: Bodnar, Gregg Cc: Staples, Shane Subject: FW: [External] TJ Marina and Boatyard Application I received this comment from the Belhaven Town manager for the Tetterton application in Battalina Creek. Kelly Spivey District Manager, Division of Coastal Management North Carolina Department of Environmental Quality 252 946-6481 office 252 948 3851 direct office kelly.spiveyCalncdenr.gov 943 Washington Square Mall Washington, North Carolina 27889 W. —""Nothing Compares -- ,. Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Lynn Davis [mailto:ldavis@townofbelhaven.com] Sent: Sunday, May 30, 20212:06 PM To: Spivey, Kelly <kelly.spivey@ncdenr.gov> Cc: Toby Tetterton <tobin@gotricounty.com> Subject: [External] TJ Marina and Boatyard Application CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. Kelly, I have reviewed the request from Toby Tetterton regarding their application for a major CAMA permit in Battalina Creek. The town sees no issue with this request. Lynn Davis, CFM CZO Town Manager Belhaven, NC www.TownofBelhaven.com 252.943.3055 ROY COOPER Gavemor DIONNE DELLFGATTI Secretary BRAXTON DAVIS Director May 12, 2021 MEMORANDUM: FROM: SUBJECT: Applicant: Project Location: Proposed Project: NORTH CAROLINA EnvtronmentatQuafiry Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) arecQ.bodnarl7a.ncdenr.cov CAMA Major Modification to Major 115-18 Permit Application Review T.J: s Land Development 727 Pantego Street, Belhaven NC Beaufort County Propose to Install 6 new plling with navigational aids and an Information board for the business. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Greaa Bodnar at the address above by June 02 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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 James Harrison AGENCY N-�CDMF / SIGNATURE DATE 44 J�21 RECENFED JUN 7 2021 North Carolina Department of Environmental Quality I Division of Coastal Management .110 D _ E Q�� Washington Of m 1943 Washington SquareMall I Washington, North Carolina 27889 1252.946.6481 Wilmington Ofnce 1127Cardinal Drive Extension I Wlimington, North Carollna284051 910.796.7215 Morehead CaryOffice 1 4DO Commerce Avenue I Morehead City, North Carolina 28557 1252.8082808 —Ll V /�0 Elizabeth City OFOm 1 4015outh Griffin Street, Suite 300 1 Elizabeth City, North Carolina 27909 12522643901 ROY COOPER Governor MICHAEL S. REGAN Secretary JOHN G. BATHERSON ActingDirectar MEMORANDUM: TO: Gregg Bodnar, NCDCM Assistant Major Permits Coordinator FROM: James Harrison, NCDMF Fisheries Resource Specialist SUBJECT: T.J's Marina and Boatyard Major Modification, Beaufort County DATE: 3 June 2021 A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has reviewed the CAMA Permit Major Modification application for proposed actions that may impact fish and fish habitats. The property associated with the proposed project is 774 East Pantego Street, adjacent to Baker Canal and Battalina Creek within the town of Belhaven Beaufort County. The waters associated with this modification are designated as Primary Nursery Area (PNA), and are classified as SC: HQW, NSW. This property has an active permit authorizing the development of a marina and boatyard within the previously mentioned waterways. The proposed project will occur in the waters of Battalina Creek, starting near its confluence with the Pungo River and extending upstream towards Baker Canal/Creek. The applicant is proposing to install 5 day markers (3 red, 2 green) to aid in navigation leading to the headwaters of Battalina Creek and the location of the above marina and boatyard. The markers will be painted and numbered per U.S. Coast Guard specifications. The green marker at the entrance of the navigation channel will also include a board with contact information for T.J: s Marina and Boatyard. The proposed markers will be mounted on 10'-round pilings and elevated 7' above normal water level (NWL). As proposed, the project would result in filling of approximately 5 square feet of bottom, as well as increases in noise and turbidity. As noted above and in the field report, the waters included in this proposal are designated as PNA for numerous commercially, recreationally, and environmentally important species. This designation provides these species with protection from potential negative impacts during critical life history stages. Although the proposed work is very limited in scope, the potential increases in turbidity and noise may result in negative impacts to these species. The increased turbidity may result in clogged gills, and the increased noise may result in physical damage and/or an avoidance of the area by these species. EC11WRED JUN 7 2021 State of sheries 3441ArendellStrNorth ect IO.B=1 769I M'oreheadCty Nosion of Marine lrth Caro11na2a557?dP SECTION MHD 252-726-7021 � �"r In order to minimize these potential impacts, DM would recommend that the permit include a moratorium of April 1 through September 30. This is also consistent with the recommendation provided on August 20, 2018 in regards to the permit for the boatyard and marina. Inclusion of this moratorium would aid in limiting the negative impacts associated with the potential increases of noise and turbidity. Thank you for consideration of our comments. Please contact Jimmy Harrison at (252) 948-3835 (office) or (757) 272-3230 (mobile - preferred), or at james.harrisonOncdenr.gov with any further questions or concerns. RE-CE ED JUN 7 2021 IMP SECTION MHD State of North Carolina I Division of Marine Fsheries 344IArendellstreet I P.O.B=769I Morehead City,North Carolina28557 252-726-7021 S 4A June 25, 2021 Regulatory Division ORM ID No. SAW 2018-01563 Mr. Jonathan Howell Division of Coastal Management North Carolina Department of Environmental Quality 400 Commerce Avenue Morehead City, North Carolina 28557-3421 Dear Mr. Howell: RECEI IL JUN 2 5 2021 MP SECTION MWD Reference the application of T.J.'s Land Development for a Department of the Army permit to install 5-Private Navigational Aids within the navigable waters of Battalina Creek, in the vicinity of its confluence with the Pungo River, near the Town of Belhaven, in Beaufort County, North Carolina. 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 State authorization: 1. All work authorized by this permit must be performed in strict compliance with the attached 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. 2. The permittee understands and agrees that, if future operations by the United States require the removal, relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice from the U.S. Army Corps of Engineers, to remove, relocate, or alter the structural work or obstructions caused thereby, without expense to the United States. No claim shall be made against the United States on account of any such removal, relocation, or alteration. The permittee shall notify NOAA/NATIONAL OCEAN SERVICE Chief Source Data Unit N CS261, 1315 E West HWY- RM 7316, Silver Spring, MD 20910- 3282 at least two weeks prior to beginning work and upon completion of work. 3. 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. 4. The authorized structure and associated activity must not interfere with the public's right to free navigation on all navigable waters of the United States. No attempt will 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 for reason other than safety. 5. 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. 6. The navigational aids will be placed in accordance with the U.S. Coast Guard's Private Aids to Navigation authorization and will not include any type of private signage or information board. 7. The 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. 8. 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 Wilmington District U.S. Army Corps of Engineers within 24 hours of the permittee's discovery of the violation. Questions or comments may be addressed to Mr. Raleigh Bland, Washington Field Office, Regulatory Division, telephone (910) 251-4564. Sincerely, a) 9&.«G, �PuJS Ralei h Bland, S.P.W.S. Regulatory Project Manager Copies Furnished: N.C. Division of Water Quality, Wetlands Unit 2321 Crabtree Blvd, Parkview Building R, "�� Raleigh, North Carolina 27604 4:e U im A:'P S�CT;0N Par!HD Mr. Pete Benjamin U.S. Fish and Wildlife Service Fish and Wildlife Enhancement Post Office Box 33726 Raleigh, North Carolina 27636-3726 Ms. Twyla Cheatwood National Marine Fisheries Service Habitat Conservation Service Pivers Island Beaufort, North Carolina 28516 Mr. Ronald J. Mikulak, Chief Wetlands Regulatory Section Water Management Division U.S. Environmental Protection Agency 61 Forsyth Street, SW Atlanta, Georgia 30303 Mr. Kelly Spivey, District Manager Washington Regional Office North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 Commanding Officer U.S. Coast Guard Marine Safety Office 721 Medical Center Drive, Suite 100 Wilmington, North Carolina 28401-4895 EC IUD JUN 2 5 2021 '. _ 't ROY COOPER Governor JOHN NICHOLSON inrerim Secretary S. DANIEL SMITH Director TJ Land Development LLC. Tobin Tetterton P.O. Box 125 Pantego, NC 27860 NORTH CAROLINA EnWrarurmadQuality August 16, 2021 RECEIVED AUG I r' ;t 1VkP SLECTI®N MI-1 DWR # 2018-1108 V2 Beaufort County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS TI's Land Development- 727 Pantego Street, Belhaven, NC - Install 5 new pilings with Navigation Aids/information boards Dear Mr Tetterton: You have our approval for the impacts listed below for the purpose described in your application received by the Division of Water Resources (Division) on May 12, 2021. These impacts are covered by the attached Water Quality General Certification Number 4175 and the conditions listed below. This certification is associated with the use of Regional General Permit Number 291 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) CAMA Major, Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit and the following additional conditions: 1. The following impacts are hereby approved, provided that all the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. [15A NCAC 02B .0506(b)(c)]] Type of Impact Amount Approved Amount Approved Plan location/ (units) (units) Reference Attached Permanent Temporary Open Water -Fill 0-1 .0001(acres) 0 (areas) Plan Sheets ti7TF.1ER7tlgf � � The proposed project must comply with all the conditions of the General Water Quality Certification(s) 4175. [15A NCAC 02B.0507(c)] 3. During construction of the proposed project, 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)(0] 4. The permittee shall report to the Washington Regional Office any noncompliance with this certification, any violation of stream or wetland standards [35A NCAC 02B .0200] including but not limited to sediment impacts, and any violation of state regulated riparian buffer rules [15A NCAC 02B .0200]. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the circumstances. A written submission shall also be provided within 5 business days of the time the applicant becomes aware of the circumstances. The written submission shall contain a description of the noncompliance, and its causes; the period of noncompliance, including exact dates and times, if the noncompliance has not been corrected, the anticipated time compliance Is expected to continue; -D w� North Carolina Department ofEmlronmmial Quality I Division of Water nesouras ```\V(/v1r■ Washington Regional OMce 1943 Washington Square Mall I Washington North Carolina 27889 ..m.w 252.946.6,481 and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Division may waive the written submission requirement on a case -by -case basis. S. This approval and their conditions are final and binding unless contested. [G.S.143-215.5] These Certifications 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 hUp,,//v w .ncoah comI 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) copy alongwith any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, 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: Ifsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 One (1) copy of the petition must also be served to DENR: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 I/sending via delivery service (UPS, Fed Ex, etc.): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 This letter completes the review of the Division under section 401 of the Clean Water Act Please contact Tina Martin at 252-948-3844 or tina.martinOncdenuov if you have any questions or concerns. Enclosures: GC 4175 Certification of Completion cc: tobin@rsnet.org Gregg Bodner, CAMA (via email) Shane Staples, CAMA (via email) Laserfiche/DWR file copy Sincerely, ROWTa,.k.tm( Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ AUG 1 6 2021 NIPc�C,TG0N MHO North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 �+� 252.946.6481 PHONE# BTB CH OMNI-DIRECTIONAL, GREEN LIGHT 4S RD12S LENGTH 1 MILE V7,1 CANDELA *GREEN LIGHT REFLECTING MATERIAL, WHITE REFLECTIVE LETTERING !NOIP. WILL POST BOARD ON REVERSE SIDE OFPILING FOR OUTBOARD TRAFFIC INFORMATION ROARO* WHITE SIGN W/ORANGETRIM NHITE BOARD W/ ORANGE LIGHT REFLECTING MATERIALTRIM W/ BLACK LETTERING 'IOW: WILL POST BOARD ON REVERSE SIDE OF PILING FOR OUTBOUND TRAFFIC, ICW W/SHOAL WATER ARROWS REVERSEI *GREEN LIGHT REFLECTING MATERIAL, WHITE REFLECTIVE LETTERING *NQTE, WILL POST BOARD ON REVERSE SIDE OF PILING FOR OUTBOARD TRAFFIC DIA. PILINGS TJ Marina and Boatyard Channel Marker Detail Date: 25 January 2021 Sheet 3 of 4 'RED LIGHT REFLECTING MATERIAL, WHITE REFLECTIVE LETTERING *IQ7E: WILL POST BOARD ON REVERSE SIDE OF PILING FOR OUTBOARD TRAFFIC 10" DIA. PILINGS t 10" DIA. PILINGS MEAN HIGH MEAN HIGH MEAN HIGH WATER MARK WATER MARK WATER MARK m i - ELEVATION DETAIL `,�r b SMIE: 3/8-=1' a r �� ,. DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1. . APPLICANT'S NAME: T.J.'s Land Development 2. LOCATION OF PROJECT SITE: Project site is within the waters of Battalina Creek starting near the confluence with the Pungo River upstream to Baker Cana GPS Coordinates: 1 Green: Lat — 35.538610 Long — 76.60384° 2 Red: Lat — 35.53919° Long — 76.605050 4 Red: Lat — 35.53990° Long — 76.60700° 5 Green: Lat — 35.539380 Long — 76.60867° 6 Red: Lat — 35.53959° Long — 76.609840 3. INVESTIGATION TYPE: CAMA 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit —April 30, 2021 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — May 3, 2021 Office - Washington 6. SITE DESCRIPTION: (A) Local Land Use Plan - Beaufort County Land Classification from LUP — Municipal District (B) AEC(s) Involved: Estuarine Water, Public Trust Area (D) Water Dependent: Yes (D) Intended Use: Commercial (E) Wastewater Treatment: N/A (F) Type of Structures: 13-Slip marina, travel -lift, bulkhead, fuel pump, pump -out, boat ramp, piers (G) Estimated Annual Rate of Erosion: None 7. HABITAT DESCRIPTION: [AREA] (D) Total Area Disturbed: 5ft' (E) Primary Nursery Area: Yes (F) Water Classification: SC; HQW, NSW Open: No PROJECT SUMMARY: The applicant proposes install 5 new piling with navigational aids and an information board for the business. RECEIVED MAY 12 2021 DCM-MHD CITY T.J.'s Land Development —Major Modification to Permit #115-18 T.J.'s Marina and Boatyard — Navigation Aids Beaufort County Protect Settine The property associated with the proposed project is located at 774 East Pantego Street adjacent to Baker Canal and Battalina Creek in the town of Belhaven, Beaufort County. This property has an active CAMA Major Permit #115-18 authorizing the development of a marina and boatyard including 13 defined slips, finger piers, pier landward of the bulkhead, upland excavation, maintenance excavation within Baker Canal and Battalina Creek, new bulkhead, boatlift, travel -lift, fuel, and pump -out. The permit has been modified several times including a refinement to the bulkhead alignment and upland excavation near the travel -lift, the addition of a catwalk to the jetty adjacent to the boat -ramp, and most recently modification of 6 slips to include boat lifts as well as the addition of upland gazebos. The proposed project will occur in the waters of Battalina Creek starting near it's confluence with the Pungo River and will extend upstream towards Baker Canal/Creek. Currently there are three pilings in Batallina Creek that have been in place for an undetermined amount of time marking an informal channel. The entrance marker/piling near the confluence with the Pungo River is marked with a red diamond and a traffic cone, the second piling is marked with remnants of green reflective tape and the final piling nearest the boatyards is marked with small red reflector. This most upstream piling also marks a shoal and the remnants of a sunken metal barge. The coordinates of the existing pilings are listed below in order heading upstream. 1. Lat: 35° 32' 19" Long: 76' 36' 11" 2. Lat: 35° 32' 21" Long: 76° 36' 20" 3. Lat: 350 32' 24" Long: 76° 36' 26" Battalina Creek is designated a Primary Nursery Area by the Division of Marine Fisheries and is classified as SC; HQW, NSW by the Environmental Resources Commission. The Pungo River is classified Estuarine Waters by the Division of Marina Fisheries and is classified SB, NSW by the Environmental Resources Commission. Protect Description The applicant is proposing to install 5 — day markers to aid in the navigation leading to the headwaters of Battalina Creek and the location of their marina and boatyard. This is also the location of another marina and boatyard as well as current use by commercial fisherman. The 5- day markers, 3-red, 2-green, will be painted and number per US Coast Guard specifications. The green marker at the entrance of the navigation channel will also green light; an information board with contact information for T.J.'s Marina and Boatyard is also proposed on this marker. The markers will be mounted on 10"•round piling and the markers will be elevated 7' above normal water level. RECEIVED MAY 12 2021 IDCM-MHD CITY Anticipated Impacts The project as proposed result in the filling 5ft' of creek bottom and temporary noise and turbidity during construction. Shane Staples — May 5, 2021 RECEIVED MAY 12 2021 DCM-MHD CITY March 28, 2021 Mr. Shane Staples North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 Dear Mr. Staples: The purpose of this letter is to request a modification of Major CAMA/Dredge and Fill permit no. 115-18 for the development of a marina and boatyard located at 775 Pantego Street in the Town of Belhaven adjacent Battilina Creek, Beaufort County, North Carolina. TJ Marina and Boatyard is seeking authorization to mark the channel in Battilina Creek from the mouth at the confluence with the Pungo River to the developed head waters that include two separate marinas/boatyards and a harbor of refuge for commercial fishing operations. Customers of the TJ Marina and Boatyard have expressed concern about navigating the creek because of the shallow areas outside the channel. A total of 5 - day markers meeting US Coast Guard (USCG) specifications, three red and two green are proposed to be deployed on 10" round pilings. The green day markers will be square 2' x 2' painted with green light reflective paint and numbered with white reflective tape. The red 2' x 2' triangle shaped day markers will be numbered as well. The day markers will be elevated 7' above the normal water level. One marker at the entrance to the channel/creek will have a green light to assist boaters entering the channel during low light conditions. An application for "Private Aids to Navigation" (PATRON) has been submitted to the USCG. This application process has reached a final phase requiring Federal and State authorization through the RGP 291 and Major CAMA permit requirements. Included in this application is the PATRON Application. Attached to this letter are the DCM Form MP-1 and MP-4, adjacent property owner notifications, one copy of the plats detailing locations and day marker design and the $250 application fee. Please review the plat work and notify me of any needed changes/additions before I deliver the remaining 26 copies. Thank for your time in processing this modification request and if you require anything further or wish to speak with me please call my cell (252) 944-5555. Sincere] Toby, etterton 11 Grp TJ Land Development LLC �.�-N3i f-trVL "iu y ;DECEIVED MAY 12 2021 I-)c i-MHD CITX T J Is Marine Construction, LLC P O Boa 125 Pantego, N.C. 27860 27159 Hwy 264 East Belhaven NC 27810 252-943-6677 Office email: tobinQrsnet.ore 8 June 2021 Mr. Shane Staples North Carolina Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 Dear Mr. Staples: The purpose of this letter is to amend the Major Modification request to Major CAMA/Dredge and Fill permit no. 115-18 for the construction of day markers to mark the channel in Battalina Creek. This amendment is in response concerns raised by US Coast Guard and the Division of Coastal Management as brought to our attention by Mr. Raleigh Bland with the regulatory branch of the US Army Corps of Engineers in the Washington Field Office. Attached to this letter are modified plats to remove any reference to the previously requested "Information Boards". I hope this satisfies the USCG concerns. If there is anything else needed to complete the processing of the permit application please let me know. Sincerely, / U Agent for Toby Tetterton Toby Tetterton TJ Land Development LLC (252)944-5555 RECEviVE® JUN 2 6 2021 rl"iP SECTION Nil!) We00na f. Sixth Siding WilkinsonSheet 1 of 4 Pantego y " piling rGreen Fl. 4s-~ 35.538614 N,-76.603841 W Color: Green light reflecting material Marking: (White reflective paint) Belhaven` River ■ ,,,p =. Winsteadville 'g Light: Green FL 4s �'Pxr,, % � 3V E D Color: Green light reflecting material `► Marking: (White reflective paint) "1 W, JUN2c2021 UP SECTION MHD RECEIVED J U N 2 8 2021 PAP SECT OMNI-DIRECTIONAL, GREEN LIGHT 4S RD/2S LENGTH 1 MILE VIZ, 1 CANDELA 'GREEN LIGHT REFLECTING MATERIAL, WHITE REFLECTIVE LETTERING •NOTF• 10" DIA. PILINGS MEAN HIGH WATER MARK ue: ► un:. 25-JAN-21 TJ Marina and Boatyard Channel Marker Detail Date: 25 January 2021 Modified to Remove Proposed Information Board Mod. Date: 8 June 2021 Sheet 3 of 4 'GREEN LIGHT REFLECTING MATERIAL, WHITE REFLECTIVE LETTERING -Nph. WILL POST BOARD ON REVERSE SIDE OF PILING FOR OUTBOARD TRAFFIC 10" DIA, PILINGS MEAN HIGH WATER MARK 'RED LIGHT REFLECTING MATERIAL, WHITE REFLECTIVE LETTERING !NQTF- WILL POST BOARD ON REVERSE SIDE OF PILING FOR OUTBOARD TRAFFIC 10" DIA. PILINGS MEAN HIGH WATER MARK MARKERS - ELEVATION DETAIL r SCALE: 3/9" = P-0" Bodnar, Gregg From: Sent: To: Cc: Subject: z Morning Mr. Tetterton, Bodnar, Gregg Monday, June 28, 2021 11:26 AM tobin@rsnet.org Staples, Shane; Spivey, Kelly Major Mod update I wanted to update you that I have received your amendment to the current Major Mod for the day markers and any final decision that results in a permit issued would reflect those changes. Regards, . Gregg O�}T[n{'(QQMeYtMWAI@YaG Gregg Bodnar Assistant Major Permits Coordinator Division of Coastal Management Department of Environmental Quality 252 ON 2Bta8 eat 21S (Office) Gregg.WrlarAwnedenr. v Emall correspondence to and from this address is subject to the North Caroling Public Records Low and may be disclosed to third parties. ROY COOPER Governor DIONNE DELLFGATTI Secretary BRAXTON DAVIS Director Washington Daily News P.O Box 1788 Washington NC 27889 NORTH CAROLINA Envlronmentd Quadty May 10, 2021 Attention: Legal Advertising Department Please include the enclosed Notice of Filing in the Public Notice section of the 12 May 2021 edition of your newspaper. If it will not be possible to include this notice in that edition, or if you should have any questions about this notice, please call me as soon as possible at 948-3820. The State Office of Budget and Management requires an original Affidavit of Publication prior to payment for newspaper advertising. Please send the affidavit, an original copy of the published notice, and an original invoice to: Thank you. Sincerely, A ,Q Keri Sparks, Administrative Assistant 11 Division of Environmental Quality Division of Coastal Management ATTACHMENT Cc: File RECEIVED MAY 12 2021 K�Q�North Carolina Department of Environmental Quality I Divisionof Coastal Managemem0CM-MI-ID CI1 r Washington Office 1943 Washington Square Mall I Washington, North Carolina 27889 1252.946.6481 Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1910.796.7215 Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1 252.808.2808 F07ahnth ri v nmrp I AA1 C—Ih r. mM , C+— c.m. ann I rll—k—h rn.. %1—a r.._u_, wnnn I xe 11 1 enn. NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gives public notice as required by N.C.G.S. 113A-119(b) that an application for a development permit in an Area of Environmental Concern as designated under the Coastal Area Management Act (CAMA) was received on 03 May 2021. According to the said application submitted by TJ's Land Development LLC, proposes to install 5 new piling with navigational aids and an information board for the business. A copy of the entire application may be examined or copied at the office of Kelly Spivey, District Manager, Washington Regional Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received by 1 June 2021 will be considered. Later comments will be accepted and considered up to the time of permit decision. Project modifications may occur based on further review and comments. Notice of the permit decision in this matter will be provided upon written request. Shane F. Staples Coastal Management Representative NC Division of Coastal Management 943 Washington Square Mall Washington, North Carolina 27889 (252)948-3950 Please publish on: 12 May 2021 RECEIVED MAY 12 2021 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1943 Washington Square Mall I Washington, North Carolina 278891 252.946,6481 Wilmington Office 1127 Cardinal Drive Extension I WBmirgton. North Carolina 284051910.796.7215 Morehead City Office 1400 Commerce Avenue I Morehead City, North Carolina 285571 252.8OU808 Elizabeth City Office 1401 South Griffin Street. Sulte inn I Elbah,,h nI North f'arNlna T/On0 I JCJ 14A 10M Client NC DEPT OF ENVIRONMENTAL Phone QUALITY Address KERI SPARKS EMaii 943 WASHINGTON SQUARE MALL Fax i,iass Z61U Start Date 05/12/21 PO # End Date 05/12/21 Created By Run Dates 2 Creation Date Pubs Washington Daily News, TheWash- Dimensions Order # ingtonDailyNews.com Price 0 EMail Fax (252)948-3820 keri.sparks@ncdenr.gov MENTAL QUALITY KERI SPARKS KBROWN 05/11/2021 1 X 6.111 $139.60 kristy.brown@shelbycountyre- porter.com DECEIVED MAY 12 2021 0CM4fiHn CITY PUBLIC NOTICE NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The Department of Environment and Natural Resources hereby gNes public notice as required by N.C.G.S. 113A-119(b) that an application for a develop- ment permit In an Area of En. vironmental Concern as desig- nated under the Coastal Area Management Act (CAMA) was received on 03 May 2021. Ac- coMing to the said application submitted by TJ's Land Devel- opment LLC, proposes to install 5 new piling with navigational aids and an information board for the business. A copy of the entire application may be examined or copied at the office of Kelly Spivey, Dis- trict Manager, Washington Re- glonal Office, 943 Washington Square Mall, Washington, NC, during normal business hours. Public comments received byy 1 June 2021 will be consid- ered. Later comments will be accepted and considered up to the lime of permit decision. Project modifications may oc- cur based on further review and comments. Notice of the permit decision in this mailer will be provided upon written request. Shane F. Staples Coastal Management Representative NC Division of Coastal Manegement 943 Washington Square Mall Washington, North Carolina 27889 (252) 948-3950 Washington Daily News: May 12, 2021 APPLICATION RECEIVED MAY 12 2021 DCM-MHD CITY ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Director TJ Land Development Lic. Tobin Tetterton P.O. Box 125 Pantego NC 27860 NORTH CAROLINA Environmental Quality Dear Mr. Tetterton The NC Division of Coastal Management hereby acknowledges receipt of your application for State approval for development of your property located 727 Pantego Street Beaufort County Belhaven North Carolina, and appears to be adequate for processing at this time. The projected deadline for making a decision is 17 July 2021. 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. Shane Staples, Field Representative for the Division of Coastal Management is responsible for processing your permit and he can be reached at 252-948-3950 or via email at hart Ies(&ncdenr.Tov if you have any questions. If this agency does not render a permit decision within 70 days from 03 May 2020, 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. RECEIVED MAY 12 2021 DCM-MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management Washington Office 1 943Washl`gtonnSSquareMail l WashingtonNorth Cardlna27889 1252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1910.796.7215 Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 12518082808 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, Shane F. Staples Coastal Management Representative Division of Coastal Management Washington Regional Office Enclosure Cc: Greg Bodnar - Assistant Major Permit Coordinator WARO Douglas A Baker RECEIVED MAY 12 2021 DCM_MHD CITY North Carolina Department of Environmental Quality I Division of Coastal Management D 9Morehead Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481 Wilmington Office 1127 Cardinal Drive Extension I Wilmington. North Carolina 284051 91O.7963M +N City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 1 252.w82808 El17aheth Cav(fire I dnl. n,oh nwae en , G. n' n I rn..i h( ., m, ur....n..a n.r i tee,+c, onn. NOTI(ol$11 LAMA PERMIT APPLIED FOR ECT: n 60MMENTS ACCEPTED THROUGH Sine l , 2o2f m0 APPLICANT: FOR MORE DETAILS CONTACT THE LOCAL PERMIT OFFICER BELOW: T. S'S l-M8 DPVekoomen} ukc-1 sho e,'Skc o\et Refit PCPstA� o 2-7 Fcyr- e m S+ree-F SeWho.Ven NC- oZ'1$t0 TA3 meal �ac1���ne, i`iC oZ�88°I (asa)gm8- 3950 AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION Name of Property Owner Requesting Permit: Tobin Tetterton Mailing Address: Phone Number: Email Address: PO BOX 125 Pantego, NC 27860 252-944-5555 tobin@rsnet.org I certify that I have authorized Douglas A Baker Agent / Contractor to act on my behalf, for the purpose of applying for and obtaining all CAMA permits necessary for the following proposed development: Vs Marina and Boatyard at my property located at 774 East Pantego St, Belhaven, NC 27810 in Beaufort 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: %e6ciz %xz�it3rL Signature Toby Tetterton Print or Type Name Owner Title 31 / OCT / 2020 Date This certification is valid through 31 / MAY / 2020 RECEIVED MAY 12 2021 0C;M-MHD CITY ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. r r - ❑ Addre ■ Attach this card to the beck of the mailplece, S. Recelvad y (Printed Name) C. Date of Deli or on the front if solace Dermits. 1. Article Addressed to: \ D. Is delivery address different from kern 17 ❑ Yes If YES, enter delivery address below: ❑ No IIIIIIIII IIII IIIIIII III III' II IIIII III IIIII I III 9590 9402 5566 9249 9167 32 7015 1520 0001 5398 8146 Ps Form 3811, July 2016 PSN 7530-02-000-9053 ■ 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 mallplece, or on the front If space permits. . IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIII II IIIIIIII 9590 9402 5566 9249 917166 3. Service Type ❑Pdwty Mau EWM* ❑ Adult Signal at ❑ Registered Melee ❑ Adue slorature Realdcled Delivery ❑ gaagglslaretl Mau Reshicted ❑Cerfified Male Omivery ❑ Cietigsd Mall Realrbled Delivery ❑ Return Recelpttwr ❑ Collect on Delivery Merchandise ❑ Collect on Delivery ResMcted Delivery ❑ Signature Canurmegon'" ❑ Inured Mall ❑ Slprature ConfrmaUen nsu,ed Mau Ps red Delivery RaNdcled Delivery er 6501 Domestic Return Receipt A. Sign t X �--- ❑ Agent ❑ Addressee S. Received by (PrMad N e) I C. Data of Delivery D. Is delivery address difr m 17 U Yee If YES, enter dative ❑ No V I ti ' Restrlwled _ 2. Article Number /liana r ..ee.se. r.r..a. r":wnact on oM61elwary Raatdoled D.wory ❑ elgnw,e ConNm1e00 ' 7015 1520 0001 5398 8184 Wall Mail D Signature ResWed Delivery re Donarme on Restricted DNNary, 1 ..lover Ssm PS Form 3811, July 2016 PSN 7530-02-000-9053 ■ Complete items 1, 2, and 3. A. ■ Print your name and address on the reverse X so that we can return the card to you. ■ Attach this card to the back of the mallplece, B. or on the front if space nermite. 11 1 / rS �, �� a?; Z10-6 Domestb Return Receipt ''� '❑ tldreseae ad by ted Name) C. Date of Delivery o✓4�/9 3`�21 Is delivery address different from item 17 ❑ Yes If YES, enter delivery address below: ro IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII IIIIIIIIIIII w Adult type ❑Pewdlyred all- e® ❑Adult Signature ❑ dtered MmP" ❑ Adult Signature Resulted Delivery ❑ P�epbtered Mal Rese7Mev ❑Caddied Mail® DerWry 9590 9402 5566 9249 9167 01 ❑ Cedlned Mail Restricted Delivery ❑ Return Reamµ far ❑ Collect wn Derive y Merchandise RECEIVED --�ArtlnleN!MKVI6engl.,thawvA naa❑ mhaaCollect onDelivery RestRledDelivery ❑ Signature Confirmalw. 7015 1520 0001 5398 8160 nasumelired M llRestdarldDewery °Reest'kteedDefllrays" -- ----- a ssom PS Form 3811, Juiy 2-015 PSN 75W-02.0069053 Domestic Return Rece MAY 12 2,021 ")CWMHD CITY ■ 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 mailpl ce, or on the front if space permits. 1.� A�d/lcb Aodressed to, IIIIIIIIIIIIIIIIIIIIIII IIIIIIIilllll IIIIII IIII 9590 -402 5566 9249 9171 59 Fyn ❑ Agent X G id ' �fpp ❑ Addressee B. Received by (Printed e) C. Data of Delivery D. Is delivery address different from Hem 1? 0 Yes If YES, enter delivery address below: ❑ No Service Type ❑ Pdodty Mall Express® AdultSignature ❑RalrWered Meru Adult Sigmture Reatdctod Delivery ❑ Mepvlstered Mel Restricted Certified Malta Oeovey CaNfied Mall Ratrlcted Delivery ❑ Aetu�m Rndecelpt in' COW Delivery collect.. Delivery RBWldad Delvery DSignalun Conf, ation'4 InWrod MWI nation ❑ Signature Confirmation Mad Ratrlotad Delivery Restricted Delvwy 7015 1520 0001 5398 8214 PS Form 3811, July 2016 PSN 75s6•o2-aoo-t— ■ 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 mallplece or on the front If space per its. 1. Artld 1 resae,tlf o: IIIIIIIIIIIIIIIIIIII11111111111111111111111111 9590 9402 5566 9249 9171 28 7015 1520 0001 5398 8238 PS Form , July 2015 PSN 753D-02-000-9053 A. Signature B. Received by Domestic Return Receipt 1 ❑ Agent Date of Delivery D. Is delivery address different " j ? , U Yes 7 If YES, enter delivery Edowbel V 0No 3. Service Type Wi.dty Md EWN ❑ Adult 5194Na ❑ Regletared MWI^ [I mutt Slgiul.reaaaMdatl Ddvery ❑ Repialered Mull Re. ❑Ced'rid M" D rvery ❑ Cwteied Mall risaalotad Danvory DReturn d llpl for ❑ Collect m Dalvely ❑ Collect on DeRvery Restricted Delivery D Signalve Confirm 3 auured Mail ❑ signature Danry 3 Insured Mail ReatA -d Delivery ResMcrtM Ddivery ■ Complete Items 1, 2, and 3. ^' ■ Print your name and address on the reverse X so that we can return the card to you. ■ Attach this card to the back of the maiipiece, R, or on the front N space permits. 1420, I 0 r Nvvh A-d2 rowrUa It 6A 51331 II I IIIIII IIII III I III III IIII II Iilll II IT I III III 9590 9402 5566 9249 917142 --- nk urmww nwn av,vrvo,-wy 7015 1520 0001 5398 8207 -_— _ PS Forth 3811, July 2016 PSN 7530-02-000-9053 Domestic Return Receipt ❑ Agent C. Date of Delivery D. W delivery address different horn Item 1? U Ya if YES, enter delivery address below: ❑ No Seuvios TyM ❑ Priory Mao Eepassa Adult Signflun, ❑ftlstemdMWI- AdultSignature ResVktedDelivery ❑ Re pp Weretl Mull Restdoled Certified MaJW Deovery Cedleed Mull Restricted Dellvar/ D Return nentliseReceipt for Collect on Delivery C„oWp on Restricted OWlvery 0SI nelure Conramation,a Mall O S19alure Insured Met Restricted Delivery Raalrided Domestic Return Receipt I MAY 12 2021 DCM-MHD CITY ■ 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 � oft � he mallPlace, or on the / 1. Article mss If apace Itb: ^ III�IIIII IIII IIIIIII III III' II IIIII I IIII III I III 9590 9402 5566 9249 9166 95 2. Adfob Number (1hWS r6arn asrvin laba9 7015 1520 0001 5398 8177 July 2015 PSN 75ao 02-0oo-9053 ❑ Agent D. Is defvery address different from Item 17 ❑ Yes If YES, enter delivery address below. ❑ No 3. Service Type ❑ Pe' y Mau Elpesse ❑Adult Slonalu,e ❑Reobtew Msll^r D Mua Stun Restdded Delivery ❑ Registered Mal Raldc CI C ffiw MdKb ❑ Certified Mail Reeelofed Deavery ary ❑ Return Receipt for ❑cdkton CoINery ❑ Cdlect m Nwa,, Restricted Delivery Milrol lse ❑ S pnatun ConfirtnarWm — d Mal ❑ byneGae Confvnuoon d Mae namW d D ay 1600, Ratldcted Delivery ■ Complete Items 1, 2, and 3. ■ Print your name and address on the reverse X so that we can return the card to you. ■ Attach this card to the back of the mailplace. B' or on the front If space permits. 1. Artic�leeL Addressed to: D. IIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIII IIIIIIIIIIII 9590 9402 5566 9249 9167 18 rc...yeynn snr,tlrw law 7015 1520 0001 5398 8153 P3 Form 3811, Jlly 2015 128N 7MV412-00"M ■ 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 mellplece, or on the front If space permits. IIIlillllllllllllllllll IIIIIIIIIIIII IIIIIIIIII 9590 9402 5566 9249 917135 7015 1520 0001 5398 5221 PS Form 3811, July 2015 PSN 7530-02-000-M Domestic Return Receipt Delivery Is delivery eddram different from aem 1? If YES, enter delivery address below: 3. Service Type ❑ Ploriy Mall Eapresa'a ❑ Adult Spnalure ❑ Reoblend Mal- ❑ Adult Sionature Ra;t tad Delivery ❑ tend Mail Restricted ❑ Carefiod Mall® tH vary ❑ Cerl;fied Mail Rsstricted Delivery ❑ Return for ❑cagwon DdAery ❑S' randConrmlat�onre ❑ Cosect on 130, ryRestricted Delivery qn ^'rwnd Mal 0S0la1. ConfnraWn Inured Mal Buticbd Delivery RaeVkWd DKvary Domestic Return Receipt area anman �,............. d.Wly address below: ❑ No ;melon aasVkted delivery ❑ 1 MeiM ❑ f mail flast&t d DOW" on Delivery on Da,," Restricted DOWNY 0 Mail Domestio Return Recelpt MAY 12 2021 I)CM1fl- AHD CITY ■ 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 mailplece, or on the front If apace parmhs. 1./AAr/tld to: &ASc IIIIIIIII IIII IIIIIII III 111111111111 II111111111 9590 9402 5566 9249 9166 88 ..«.. enn, awvl,a bMa 015 1520 0001 5398 8191 PS Form 3511, July 2015 PEN 7630-02-000-9053 is delivery address different from kem 1T0 Yea If YES, enter delivery address below: ❑ No Service Type ❑ Priority Mall Express® Adue Signature ❑ Registered Mail'" Adult Signature Restricted Delivery ❑ Reepplelered Mail Restricted Cedified Mall® 0alivery Cedlfed Mery Restricted Delivery ❑ Rattan Reealpt for Collecton Delivery Merchandise Collect on Delivery Restricted Delivery ❑ Signature Conflon n"' Insured Mail ❑ Signebre Confirmation Insured Mail Restricted Delivery Restricted Delivery Domestic Return Recelpt : RECEIVED MAY 12 2021 ODM-MHD CITY .♦ _ CERTIFIED MAIL' RECEIPT ea O Domestic Malt ♦nly ru I c0 to ownsend143 y m — — 0483 Fn n11 Iaetl MoD Fee f3.60 Fn m 9 { Ln tr1 lee « .«kl+c•ToToe, aaBl« nn r-, Ot,�,.apoagtFurdcwA 1 t Postmark rq O ❑wL nR wol:x^vQ / S�1 nrl H016 O Q O IAal rinVctfE ❑GMA�aE --1u ry!-Ya�1 �MMSy^a�ve Rep.M t 0 \ �\V E)/dW159^.Iw. 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W lw•I V. V V ❑ii ,,,,o,n.ap{r.nloap• f pnr.nx.c.k.I••a•ad f� Poabnrk pc.wrw P.wnst.ag+.•r t in_nn H•ro paau tiPr•M. w••w t�0,00— ❑aruf s.P•w. n.•enw o.•.•r t PO61s" $1.40 t 03/'5/2021 T.t.1 posts" an /M 85 7�. t Senl T Siisland''a MO' 7Ju...........___. ....... A........... ......... ..... ....... ��.. ery.-ai: :rr vie, w4bie"; �, DECEIVED MAY 12 2021 OCM-MHD CITY 22 March 2021 Certified Mail — Return Receipt Requested B. E. Singleton and Sons Inc. 920 West 3`d Street Washington, North Carolina 27889 Dear Sir: TJ Marina and Boatyard is seeking authorization through the major CAMA permit process to mark a channel in Battilina Creek from the mouth at the confluence with the Pungo River to the head waters adjacent Pantego Street in the Town of Belhaven. A total of 5 — day marker pilings designed to US Coast Guard specifications are proposed to delineate the channel. Three "red" marking the channel boundary on the northside and two green marking the southern channel boundary. Please see the attached documentation for the specific details. As the adjacent riparian property owner to the aforementioned project, the applicant is 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 or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, District Manager, Washington District Office, 943 Washington Square Mall, Washington, North Carolina 27889 within 30 days of your receipt of this notice. Such comments will be considered by the Department 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 (252) 944-5555. Sincer y Toby Tetterton TJ Marina and Boatyard Enclosures DECEIVED MAY 12 2021 iCM-MHD CITY 22 March 2021 Certified Mail — Return Receipt Requested Mr. Brian K. Pearce 3345 Oaklyn Springs Drive Raleigh, North Carolina 27606 Dear Sir: TJ Marina and Boatyard is seeking authorization through the major CAMA permit process to mark a channel in Battilina Creek from the mouth at the confluence with the Pungo River to the head waters adjacent Pantego Street in the Town of Belhaven. A total of 5 — day marker pilings designed to US Coast Guard specifications are proposed to delineate the channel. Three "red" marking the channel boundary on the northside and two green marking the southern channel boundary. Please see the attached documentation for the specific details. As the adjacent riparian property owner to the aforementioned project, the applicant is 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 or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, District Manager, Washington District Office, 943 Washington Square Mall, Washington, North Carolina 27889 within 30 days of your receipt of this notice. Such comments will be considered by the Department 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 (252) 944-5555. ' eere 1,4�;,(- Toby Tetterton TJ Marina and Boatyard Enclosures RECEIVED MAY 12 2021 0CM-MHD CITY 22 March 2021 Certified Mail — Return Receipt Requested East End Holding Company LLC 574 Lamont Street Belhaven, North Carolina 27810 Dear Sir: TJ Marina and Boatyard is seeking authorization through the major CAMA permit process to mark a channel in Battilina Creek from the mouth at the confluence with the Pungo River to the head waters adjacent Pantego Street in the Town of Belhaven. A total of 5 — day marker pilings designed to US Coast Guard specifications are proposed to delineate the channel. Three "red" marking the channel boundary on the northside and two green marking the southern channel boundary. Please see the attached documentation for the specific details. As the adjacent riparian property owner to the aforementioned project, the applicant is 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 or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, District Manager, Washington District Office, 943 Washington Square Mall, Washington, North Carolina 27889 within 30 days of your receipt of this notice. Such comments will be considered by the Department 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 (252) 944-5555. e y c oby Tett' i� TJ Marina and Boatyard Enclosures RECEIVED MAY 12 2021 i)CM-MII) CITY 22 March 2021 Certified Mail — Return Receipt Requested Mr. Leonard Ray Tinker Jr. Post Office Box 338 Belhaven, North Carolina 27810 Dear Sir: TJ Marina and Boatyard is seeking authorization through the major CAMA permit process to mark a channel in Battilina Creek from the mouth at the confluence with the Pungo River to the head waters adjacent Pantego Street in the Town of Belhaven. A total of 5 — day marker pilings designed to US Coast Guard specifications are proposed to delineate the channel. Three "red" marking the channel boundary on the northside and two green marking the southern channel boundary. Please see the attached documentation for the specific details. As the adjacent riparian property owner to the aforementioned project, the applicant is 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 or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, District Manager, Washington District Office, 943 Washington Square Mall, Washington, North Carolina 27889 within 30 days of your receipt of this notice. Such comments will be considered by the Department 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 (252) 944-5555. i re Toby Tetterton TJ Marina and Boatyard Enclosures RECEIVED MAY 12 2021 DCM-MHD CITY 22 March 2021 Certified Mail — Return Receipt Requested White Plains Church Ministries Inc. 718 Pine Street Belhaven, North Carolina 27810 Dear Sir: TJ Marina and Boatyard is seeking authorization through the major CAMA permit process to mark a channel in Battilina Creek from the mouth at the confluence with the Pungo River to the head waters adjacent Pantego Street in the Town of Belhaven. A total of 5 — day marker pilings designed to US Coast Guard specifications are proposed to delineate the channel. Three "red" marking the channel boundary on the northside and two green marking the southern channel boundary. Please see the attached documentation for the specific details. As the adjacent riparian property owner to the aforementioned project, the applicant is 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 or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, District Manager, Washington District Office, 943 Washington Square Mall, Washington, North Carolina 27889 within 30 days of your receipt of this notice. Such comments will be considered by the Department 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 (252) 944-5555. S, ly, G�ToyTett�'� TJ Marina and Boatyard Enclosures RECEIVED MAY 12 2021 ',IC 9.-i1Al-ID CITY 22 March 2021 Certified Mail — Return Receipt Requested Mr. Michael W. Bishop 2635 NC 99 H W Y N Pantego, North Carolina 27860 Dear Sir: TJ Marina and Boatyard is seeking authorization through the major CAMA permit process to mark a channel in Battilina Creek from the mouth at the confluence with the Pungo River to the head waters adjacent Pantego Street in the Town of Belhaven. A total of 5 — day marker pilings designed to US Coast Guard specifications are proposed to delineate the channel. Three "red" marking the channel boundary on the northside and two green marking the southern channel boundary. Please see the attached documentation for the specific details. As the adjacent riparian property owner to the aforementioned project, the applicant is 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 or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, District Manager, Washington District Office, 943 Washington Square Mall, Washington, North Carolina 27889 within 30 days of your receipt of this notice. Such comments will be considered by the Department 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 (252) 944-5555. oby Tetterton TJ Marina and Boatyard Enclosures RECEIVED MAY 12 2021 0CM-MHD CITY 22 March 2021 Certified Mail — Return Receipt Requested Sargent Investment Group 2811 Deerfield Lane Wilson, North Carolina 27896 Dear Sir: TJ Marina and Boatyard is seeking authorization through the major CAMA permit process to mark a channel in Battilina Creek from the mouth at the confluence with the Pungo River to the head waters adjacent Pantego Street in the Town of Belhaven. A total of 5 — day marker pilings designed to US Coast Guard specifications are proposed to delineate the channel. Three "red" marking the channel boundary on the northside and two green marking the southern channel boundary. Please see the attached documentation for the specific details. As the adjacent riparian property owner to the aforementioned project, the applicant is 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 or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, District Manager, Washington District Office, 943 Washington Square Mall, Washington, North Carolina 27889 within 30 days of your receipt of this notice. Such comments will be considered by the Department 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 (252) 944-5555. Si re O y" erton TJ Marina and Boatyard Enclosures RECEIVED MAY 12 2021 OCM-iV HD CITY 22 March 2021 Certified Mail — Return Receipt Requested William Axson Smith Jr. Post Office Box 295 Belhaven, North Carolina 27810 Dear Sir: TJ Marina and Boatyard is seeking authorization through the major CAMA permit process to mark a channel in Battilina Creek from the mouth at the confluence with the Pungo River to the head waters adjacent Pantego Street in the Town of Belhaven. A total of 5 — day marker pilings designed to US Coast Guard specifications are proposed to delineate the channel. Three "red" marking the channel boundary on the northside and two green marking the southern channel boundary. Please see the attached documentation for the specific details. As the adjacent riparian property owner to the aforementioned project, the applicant is 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 or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, District Manager, Washington District Office, 943 Washington Square Mall, Washington, North Carolina 27889 within 30 days of your receipt of this notice. Such comments will be considered by the Department 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 (252) 944-5555. Toby Tetterton TJ Marina and Boatyard Enclosures �gFFCEIVED MAY 12 2021 0CVi-hAh113 CITY 22 March 2021 Certified Mail — Return Receipt Requested Mr. Ted Smithwick 1429 Norman Avenue NE Townsend, Georgia 31331 Dear Sir: TJ Marina and Boatyard is seeking authorization through the major CAMA permit process to mark a channel in Battilina Creek from the mouth at the confluence with the Pungo River to the head waters adjacent Pantego Street in the Town of Belhaven. A total of 5 — day marker pilings designed to US Coast Guard specifications are proposed to delineate the channel. Three "red" marking the channel boundary on the northside and two green marking the southern channel boundary. Please see the attached documentation for the specific details. As the adjacent riparian property owner to the aforementioned project, the applicant is 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 or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, District Manager, Washington District Office, 943 Washington Square Mall, Washington, North Carolina 27889 within 30 days of your receipt of this notice. Such comments will be considered by the Department 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 (252) 944-5555. Sincerely, ih Toby Tetterton TJ Marina and Boatyard Enclosures gFCEIVED MAY 12 2021 0CM-MHD CITY 22 March 2021 Certified Mail — Return Receipt Requested Mr. Tom M. Williams 343 Hope Bay Loop Appollo Beach, Florida 33572 Dear Sir: TJ Marina and Boatyard is seeking authorization through the major CAMA permit process to mark a channel in Battilina Creek from the mouth at the confluence with the Pungo River to the head waters adjacent Pantego Street in the Town of Belhaven. A total of 5 — day marker pilings designed to US Coast Guard specifications are proposed to delineate the channel. Three "red" marking the channel boundary on the northside and two green marking the southern channel boundary. Please see the attached documentation for the specific details. As the adjacent riparian property owner to the aforementioned project, the applicant is 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 or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, District Manager, Washington District Office, 943 Washington Square Mall, Washington, North Carolina 27889 within 30 days of your receipt of this notice. Such comments will be considered by the Department 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 (252) 944-5555. Toby Tette oYt-n��" TJ Marina and Boatyard Enclosures :417CEIVED wAY 12 2021 0CM-MHD CITY DEPARTMENT OF HOMELAND SECURITY OMB Approval: 1625-0011 U.S. Coast Guard Expiration Dace: 05/31/2021 PRIVATE AIDS TO NAVIGATION APPLICATION (See attached instructions and copy of Code of Federal Regulations, Title 33, Chap. 1, Part 66) NO PRIVATE AID TO NAVIGATION MAY BE AUTHORIZED UNLESS A COMPLETED APPLICATION FORM HAS BEEN RECEIVED (14 U.S.C. 83; 33 CFR. 66. 015). !. ACTION REQUESTED FOR rXj A. ESTABLISH AND MAINTAIN B. DISCONTINUE C. CHANGE EID. TRANSFER OWNERSHIP I2. DATE ACTION TO START: 12 /Ol/2020 PRIVATE AIDS TO NAVIGATION: I. AIDS WILL BE OPERATED: O A. YEAR-ROUND B. TEMPORARILY UNTIL C. SEASONAL FROM TO 1. NECESSITY FOR AID (Continue in Stock 8) 5. GENERAL- LOCALITY 6. AUTHORIZING PERMIT FOR THIS STRUCTURE OR BUOY CO safely guide boats into marina Belhaven, NC 27810 USACE O PERMIT AND/❑PERMIT (Valid Permit Number) OR STATE FOR DISTRICT COMMANDERS ONLY 7. APPLICANT WILL FILL IN APPLICABLE REMAINNG COLUMNS . LIGHT DEPTH FOCAL STRUCTURE REMARKS OOR FLASH FLASH COLOR TYPE COLOR, AND HEIGHT LIGHT LIST NAME OF AID POSITION OF CANDELA PLANE (See Instructions) NUMBER LTR Pal PERIOD LENGTH (7d (7e) WATER) (7g) HEIGHT (7i) ABOVE GROUND (7j) pb1 pc) (7f) (7h) 35 32' 19.0" N Piling w/ 24"x24" day 1 4s 2s GREEN 76 36' 13.8" W 9 FT 1 12 FT square w/ grn light SEE REMARKS AND reflecting material ATTACHMENT 35 32' 19.0" N N/A N/A N/A N/A 76 36' 13.8" W 9 FT N/A N/A 3'x4' WHITE INFO SEE ATTACHMENT BOARD/ORANGE TRIM, 7' 35 32' 21.11" N Piling w/ 24"x24" day 2 N/A N/A N/A 76 36' 18.20" W 7 FT N/A N/A triangle w/ red light SEE ATTACHMENT reflecting material 35 32' 23.66" N Piling w/ 24"x24" day 4 N/A N/A N/A 76 36' 25.21" W 7 FT N/A N/A triangle w/ red light SEE ATTACHMENT reflecting material 35 32' 21.79" N Piling w/ 24"x24" day 5 N/A N/A N/A 76 36' 31.22" W 6 FT N/A N/A square w/ grn light SEE ATTACHMENT reflecting material 35 32' 22.54" N Piling w/ 24"x24" day 6 N/A N/A N/A 76 36' 35.43" w 4 FT N/A N/A triangle w/ red light SEE ATTACHMENT reflecting material 3. ADDITIONAL COMMENTS )a. NAME AND ADDRESS OF PERSON IN DIRECT CHARGE Joe. NAME AND ADDRESS OF PERSON OR CORPORATION 10b. THE APPLICANT AGREES TO SAVE THE COAST GUARD HARMLESS DF THE ALD(S) AT WHOSE EXPENSE THE AIDS) WILL BE MAINTAINED WITH RESPECT TO ANY CLAIM OR CLAIMS THAT MAY RESULT ARISING TOBIN TETTERTON FROM THE ALLEGED NEGLIGENCE OF THE MAINTENANCE OR OPERATION PO BOX 125, PANTEGO, NC 27860 TJ'S MARINA & BOATYARD 774 EAST PANTEGO ST OF THE APPROVED AID(S). 3b. TELEPHONE NO. 1Or. DATE 10d. SIGNATURE AND TITLE OF OFFICIAL SIGNING 252-944-5555 BELHAVEN, NC 27810 Z2-943-3333. — 3c.E-MAIL ADDRESS M tobin@rsnet.org i 10/OB/2020 OWNER FOR USE BY DISTRICT COMMANVER �-` CD DATE APPROVED ]SIGNATURE(Bydkection) SERIAL NO. CLASSIFICATION O ' DS(�j 0 0 kNMART -N- era-grmA Incilm I ae.er I Pace 1 of :EMARKS 1ARKER #1: ISO GREEN LIGHT WITH LOW POWER, DIRECTIONAL LIGHT ILLUMINATING SIGN DATE REFERENCE ACTION AND REMARKS J I F M A M J J A S 1 O 1 N I D VAME OF AID uiO C1WUV-uuO� LIGHT LIST NO. PRIVACY NOTICE \uthorlty: 14 U.S.C. 83,14 U.S.C. 85. )urpose: To obtain approval to establish a private aid to navigation, applicants must submit CG 2554 (Private Aids to Navigation Applica0"'Ai I),�bout the private aid to navigation (type, color, geographic xlsibon), as well as the applicant's contact information is stored in the U.S. Coast Guard's United States Aids to Navigation Information Managem l (USAIMS). USAIMS is the U.S. Coast Guard's bmprehensive database for managing information about aids to navigation. USAIMS has user access controls in place to govern who may view or access information. toutine Uses: Authorized USCG personnel will utilize this infomration to contact owners in the event of a discrepancy or a mishap to a private aid to navigation. Any external disclosures cf data within this record vill be made in accordance with DHS/ALL-002, Department of Homeland Security (DHS) Mailing and Other Lists System, November 25, 2008, 73 FR 71659. :onsequences of Failure to Provide Information: Mandatory. Failure to provide the required contact information will prevent approval to establish a private aid to navigation. :G2554 (05/18) 1 Reset Page 2 of 5 1. The rules, regulations, and procedures pertaining to private aids to navigation are set forth in the excerpt of the Code of Federal Regulations: TNe 33, Chapter 1. Part 88 on the following pages. 2. One copy of the application for private aids to navgation stall be forwarded via postal mail, electronic mail, or facsimile to the Commander of the Coast Guard District in which the aids will be located. Sections of charts or sketches showing the work proposed should accompany each application. 3. When making application for private aids to navigation to mark structures and mooring buoys in navigable waters or to mark the excavating or depositing of material therein, evidence is required of the authorization obtained from the U.S. Amy Corps of Engineers (USACE). Department of the Army, for such work, (Code of Federal Regulations; Tide 33, Part 322.) and/or State Regulatory Agency. 4. The applicant shall complete all of Blocks 1, 2, 3. 4, 5, 9 and 10 for all new applications. When a private aid to navigation is being discontinued, Block 3 need not be completed. Block 6 shall be Completed whenever authorization is require) to be obtained from Corps of Engineers (See Instruction No. 3). Columns in Block 7 will be Completed as follows: a. Unlighted oucy(s) - 7a, 7e, 7f, and TI. b. Lighted buoy(a) - 7a, 7b, 7c, 7d, 7e, 7f, 7g, 7h, and 7j. c. Daybeacon(s) - 7a, 7e, 7f (It applicable), 71hL7), ply 7n LI IAt_we1© d. Light(s) on a stmdure 7g, 7h. Ti, and 7j. �lCd Z I ,lb'W U.S. COAST GUARD PRIVATE AIDS TO NAVIGATION APPLICATION INSTRUCTIONS 5. When a private aid to navigation is being Changed, Block 8 shall be used to describe the nature of the charge. 6. The required information for each column includes the following: (7s) Proposed number or letter to be assigned to the private ad to navigation. (7b) Period of light (time in seconds for one complete cycle). (7c) Flesh length in seconds. For Complex or multiple flashes, explain in Column (7j). (7d) Color of IighL (7e) Position as determined by Global Positioning System (GPS), differential GPS, professional wrveyor, by two or more horizontal angles, or bearing and distance from a prominent charted landmark. If a prominent charted landmark is not available, show latitude and longitude as precisely as the chart permits. (7f) Depth of water at buoy or structure (t marine site). All depths are measured from mean lower low water except on Great Lakes where depths are measured from low water datum. (7g) Candela. if known; otherwise, include the following information in column (TI); lens size, lamp voltage and amperage if electric, or details of other illuminant to be used. (7h) If lighted, the height of the Ilghfs optic above the water. (7i) Include details of structure (type, color). (7j) Used for the following specific information, plus any other useful details: a. buoys - size. shape. Color, and reflective material used; b. structures - dayboard shape and color. C. sound signal on a buoy or structure -type and model, audible range, and characteristic (number of strokes or blasts, period and blast length). EXAMPLE OF USE OF APPLICATION 7. This form may be used to cover more than one private aid to navigation in the same geographic area. Draw a line between each aid as indicated in example below. Attach separate sheet if additional space is required. 8. Attach a section of chart showing the proposed location of dhe private aid(s) to navigation. 9. a. After receipt of the approved form, the applicant win advise the District Commander by telephone, postal mi. electronic mail, or facsimile when the authorized work is actually accomplished. b. Ifthe private aid(s) to navigation have not been installed within one year of the approval date, the approved application is automatically cancelled. c. Any discrepancy in the operation of the private aid(s) to navigation at any time shall be reported to the District Commander by telephone, postal mail, electronic mail, orfecsimile in order that Notcas to Mariners may he issued. A discrepancy exists whenever than private aid to navigation is not operating as described in the approved application, i.e., lack of signal, incorrect light characteristic, or improper color, shape, or position of shore structure or buoy. The correction of the discrepancy will also be reported by the same method. 10. AN classes of private aids to navigation shall be maintained in proper condition. They are subject to inspection by the Coast Guard at any time and without prior notice to the maintainer. FOR DISTRICT COMMANDERS ONLY 7. APPLICANT WILL FILL IN APPLICABLE REMAINING COLUMNS LIGHT DEPTH FOCAL BUOY/STRUCTURE LIGHT LIST NAME OF AID POSITION OF CANDELA PLANE REMARKS (See instructions) FLASH Fusty COLOR TYPE COLOR, AND HEIGHT NUMBER LTR PERIOD LBNGN (7d) 7e ( ) WATER (79) HEIGHT ABOVE GROUND pa) Otil pC) n�J (7i) (71) 1 4s 0.4s Green dd`mm'ss.sss"N ddd thhm'ss.sss"W 9 Ft 5' lighted buoy, Green 2 dd°mm'ss.sss"N 8 Ft Nun buoy, Red ddd°nxn'ss.sss"W 3 dd'mm'ss.sss"N Ft Single Pile 2' square dayboard, ddd'tmn'ss.sss"W Green 4 2.5s 0.5s Red dd°rmn'ss.sss"N 9 Ft 14 Ft Multi -Pile 3' triangular ddd°mm'ss.sss"W dayboard, Red An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a valid OMB control number. The U.S. Coast Guard estimates the average burden for this report is 1 hour. You may submit any comments concerning the accuracy of this burden estimate or any suggestions for reducing the burden to: COMMANDANT (CG-NAV-1), U.S. COAST GUARD STOP 7418, 2703 MARTIN LUTHER KING JR AVE SE, WASHINGTON DC 20593-7418 or OFFICE OF MANAGEMENT AND BUDGET, PAPERWORK REDUCTION PROJECT (1625-0011), WASHINGTON, DC 20590.0001. FEDERAL REGULATIONS CONCERNING PRIVATE AIDS TO NAVIGATION, 33 CFR 66 i 66.01.1 Basic provisions. (a) No person, public body, or instrumentality iot under the control of the Commandant, exclusive of the Armed Forces, will establish and naintain, discontinue, change or transfer nvnership of any aid to maritime navigation, Hithout first obtaining permission to do so from the commandant. (b) For the purposes of this subpart, the term private aids to navigation includes all marine aids :o navigation operated in the navigable waters of he United States other than those operated by he Federal Government (part 62 of this subchapter) or those operated in State waters for orivate aids to navigation (subpart 66.05). (c) Coast Guard authorization of a private aid to iavigadon does not authorize any invasion of orivate rights, nor grant any exclusive privileges, for does it obviate the necessity of complying with any other Federal, State or local laws or "egulauons. (d) With the exception of radar beacons (racons) and shore based radar stations, operation of alectronic aids to navigation as private aids will iot be authorized. § 66.01.3 Delegation of authority to District Commanders. (a) Under Section 888 of Pub. L. 107-296, 116 Stat. 2135, the Commandant delegates to the District Commanders within the confines of their respective districts (see Part 3 of this chapter for descriptions) the authority to grant permission to establish and maintain, discontinue, change or :ransfer ownership of private aids to maritime navigation, and otherwise administer the •equirements of this subpart. (b) The decisions of the District Commander may be appealed within 30 days from the date of decision. The decision of the Commandant in any case is final. § 66.01.5 Application procedure. To establish and maintain, discontinue, change, or transfer ownership of a private aid to navigation, you must apply to the AINZ 91 WN Commander of the Coast Guard District in which the aid is or will be located. You can find application form CG-2554 at httpl/www.uscg.miV fors! 52554 odf. You must complete all parts of the for applicable to the aid concerned, and must forward the application to the District Commander. You must include the following information: (a) The proposed position of the aid to navigation by two or more horizontal angles, bearings and distance from charted landmarks, or the latitude and longitude as determined by GPS or differential GPS. Attach a section of chart or sketch showing the proposed position. (b) The name and address of the person at whose expense the aid will be maintained. (c) The name and address of the person who will maintain the aid to navigation. (d) The time and dates during which it is proposed to operate the aid. (a) The necessity for the aid. (f) For lights: The color, characteristic, range, effective intensity, height above water, and description of illuminating apparatus. Attach a copy of the manufacturer's data sheet to the application. (g) For sound signals: Type (whistle, horn, bell, etc.) and characteristic. (h) For buoys or daybeacons: Shape, color, number, or letter, depth of water in which located or height above water. (i) For racons: Manufacturer and model number of racon, height above water of desired installation, and requested coding characteristic. Equipment must have FCC authorization. § 66.01-10 Characteristics. The characteristics of a private aid to navigation must conform to those prescribed by the United States Aids to Navigation System set forth in subpart B of part 62 of this subchapter. § 66.01.11 Lights. (a) Except for range and sector lights, each light approved as a private aid to navigation must: (1) Have at least the effective intensity required by this subpart omnidirectionally in the horizontal plane, except at the seams of its lens -mold. (2) Have at least 50% of the effective intensity required by this subpart within 32" of the horizontal plane. (3) Have a minimum effective intensity of at least 1 candela for a range of 1 nautical mile, 3 candelas for one of 2 nautical miles, 10 candelas for one of 3 nautical miles, and 54 candelas for one of 5 nautical miles. The District Commander may change the requirements for minimum intensity to account for local environmental conditions. For a flashing light this intensity is determined by the following formula: Ie=GI(0.2+tz4,) Where: Is = Effective intensity G = The integral of the instantaneous intensity of the flashed light with respect to time t, = Time in seconds at the beginning of the flash tz = Time in seconds at the end of the flash trt, is greater than or equal to 0.2 seconds. (4) Unless the light is a prefocused lantern, have a means of verifying that the source of the light is at the focal point of the lens. (5) Emit a color within the angle of 50% effective intensity with color coordinates lying within the boundaries defined by the comer coordinates in Table 66.01-11(5) of this part when plotted on the Standard Observer Diagram of the International Commission on Illumination (CIE). Table 66.01-11(5)--Coordinates of Chromaticity Color Coordinates of chromaticity x axis y axis White ....................... Green ...................... Red ......................... Yellow ...................... 0.500 0.382 0.440 0.382 0.285 0.264 0.285 0.332 0.453 0.440 0.500 0.440 0.305 0.689 0.321 0.494 0228 0.351 0.028 0.385 0.735 0.265 0.721 0.259 0.645 0.3W 0.60 0.335 0,618 0.382 (6) Have a recommended interval for replacement of the source of light that ensures that the lantern meets the minimal required intensity stated in paragraph (a)(3) of this section in case of degradation of either the source of light or the lens. (7) Have autonomy of at least 10 days if the light has a self-contained power system. Power production for the prospective position should exceed the load during the worst average month of insolation. The literature concerning the light must clearly state the operating limits and service intervals. Low -voltage disconnects used to protect the battery must operate so as to prevent sporadic operation at night. (b) The manufacturer of each light approved as a private aid to navigation must certify compliance by means of an indelible plate or label affixed to the aid that meets the requirements of § 66.01-14. § 66.01-12 May 1 continue to use the private aid to navigation I am currently using? If, after March 8, 2004, you modify, replace, or install any light that requires a new application as described in § 66.01-5, you must comply with the rules in this part. § 66.01-13 When must my newly manufactured equipment comply with these rules? After March 8, 2004, equipment manufactured for use as a private aid to navigation must comply with the rules in this part. § 66.01.14 Label affixed by manufacturer. (a) Each light, intended or used as a private aid to navigation authorized by this part, must bear a legible, indelible label (or labels) affixed by the manufacturer and containing the following information: (1) Name of the manufacturer. (2) Model number. (3) Serial number. (4) Words to this erect: 'This equipment complies with requirements of the U.S. Coast Guard in 33 CFR part 66." (b) This label must last the service Iffe of the equipment. (c) The manufacturer must provide the purchaser a data sheet containing the following information: (1) Recommended service life based on the degradation of either the source of light or the lamp. (2) Range in nautical miles. (3) Effective intensity in candela. (4) Size of lamp (incandescent only). (5) Interval, in days or years, for replacement of dry -call or rechargeable battery. 66.01.15 Action by Coast Guard. (a) The District Commander receiving the pplicabon will review it for completeness and ill assign the aid one of the following assifications: Class I: Aids to navigation on marine ruutures or other works which the owners are gaily obligated to establish, maintain and perate as prescribed by the Coast Guard. Class 11: Aids to navigation exclusive of Class located in waters used by general navigation. Class III: Aids to navigation exclusive of lass I located in waters not ordinarily used by anerel navigation. (b) Upon approval by the District ommander, a signed copy of the application ill be returned to the applicant. Approval for is operation of radar beacons (racons) will be ifeetive for an initial two year period, then ibject to annual review without further ibmission required of the owner. 66.01.20 Inspection. All classes of private aids to navigation shall a maintained in proper operating condition. m X m v < M 0^' N v � They are subject to inspection by the Coast Guard at any time and without prior notice. § 66.01-25 Discontinuance and removal. (a) No person, public body or instrumentality shall change, move or discontinue any authorized private aid to navigation required by statute or regulation (Class 1, § 66.01-15) without first obtaining permission to do so from the District Commander. (b) Any authorized private aid to navigation not required by statute or regulation (Classes II and III, § 66.01-15) may be discontinued and removed by the owner after 30 days' notice to the District Commander to whom the original request for authorization for establishment of the aid was submitted. (c) Private aids to navigation which have been authorized pursuant to this part shall be discontinued and removed without expense to the United States by the person, public body or instrumentality establishing or maintaining such aids when so directed by the District Commander. § 66.0130 Corps of Engineers' approval. (a) Before any private aid to navigation consisting of a fixed structure Is placed in the navigable waters of the United States, authorization to erect such structure shall first be obtained from the District Engineer, U.S. Army Corps of Engineers in whose district the aid will be located. (b) The application to establish any private aid to navigation consisting of a fixed structure shall show evidence of the required permit having been issued by the Corps of Engineers. § 66.01-40 Exemptions. (a) Nothing in the preceding sections of this subpart shall be construed to interfere with or nullify the requirements of existing laws and regulations pertaining to the marking of structures, vessels and other obstructions sunken in waters subject to the jurisdiction of the United States (Part 64 of this subchapter), the marking of artificial islands and structures which are erected on or over the seabed and subsoil of the Outer Continental Shelf (Part 67 of this subchapter), or the lighting of bridges over navigable waters of the United States (Subchapter J of this subchapter). (b) Persons marking bridges pursuant to Subchapter J of this title are exempted from the provisions of § 66.01-5. § 6&01.45 Penalties. Any person, public body or Instrumentality, excluding the armed forces, who shall establish, erect or maintain any aid to maritime navigation without first obtaining authority to do so from the Coast Guard, with the exception of those established in accordance with § 64.11 of this chapter, or who shall violate the regulations relative thereto issued in this part, is subject to the provisions of 14 U.S.C. 63. § 66.01 SO Protection of private aids to navigation. Private aids to navigation lawfully maintained under these regulations are entitled to the same protection against interference or obstruction as is afforded by law to Coast Guard aids to navigation (Part 70 of this subchapter). If interference or obstruction occurs, a prompt report containing all the evidence available should be made to the Commander of the Coast Guard District in which the aids are located. § 6&01-65 Transfer of ownership. (a) When any private aid to navigation authorized by the District Commander, or the essential real estate or facility with which the aid is associated, is sold or transferred, both parties to the transaction shall submit application (§66.015) to the Commander of the Coast Guard District in which the aid is located requesting authority to transfer responsibility for mairnenance of the aid. (b) The party relinquishing responsibility for maintenance of the private aid to navigation shall indicate on the application form (CG-2554) both the discontinuance and the change of ownership of the aid sold or transferred. (c) The party accepting responsibility for maintenance of the private aid to navigation shall indicate on the application form (CG-2554) both the establishment and the change of ownership of the aid sold or transferred. (d) In the event the new owner of the essential real estate or facility with which the aid is associated refuses to accept responsibility for maintenance of the aid, the former owner shall be required to remove the aid without expense to the United States. This requirement shall not apply in the case of any authorized private aid to navigation required by statute or regulation (Class I, § 66.01-15) which shall be maintained by the new owner until the conditions which made the aid necessary have been eliminated. 3 May 2021 Certified Mail — Return Receipt Requested Mrs. Lynn Davis Belhaven Town Manager 315 East Main Street Belhaven, North Carolina 27810 Dear Ms. Davis: TJ Marina and Boatyard is seeking authorization through the major CAMA permit process to mark a channel in Battilina Creek from the mouth at the confluence with the Pungo River to the head waters adjacent Pantego Street in the Town of Belhaven. A total of 5 — day marker pilings designed to US Coast Guard specifications are proposed to delineate the channel. Three "red" marking the channel boundary on the northside and two green marking the southern channel boundary. Please see the attached documentation for the specific details. As the adjacent riparian property owner to the aforementioned project, the applicant is 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 or comments concerning this proposal, please send your written comments to Mr. Kelly Spivey, District Manager, Washington District Office, 943 Washington Square Mall, Washington, North Carolina 27889 within 30 days of your receipt of this notice. Such comments will be considered by the Department 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 (252) 944-5555. FAncerely /5C�' &oby Tetterto T1 Marina and Boatyard Enclosures RECEIVED MAY 12 2021 DCM-MHD CITY r ru Er Ir m m m ui 0 0 0 0 ru ri tfl r C r !4 ECEIVED MAY 12 2021 oOM-MHD CITY CHARLES K. MCCOTTER, JR■ \I I'M 1I W u II I. 61 PI Hsm,( unw I..nl U m, cLm n.'Ama'n1lcrinlLrom ArORKFrs A LAW N otu ANI (111 f. a1. MA 01l Its.) Ixl,I It.) al \I B 11 11%. %011111(dmll IN IX541 111 l rnll',:(15/11,J5.10115 April 8.2021 11L (' S.Ahlil and r-umtl Hrartau Ual•i5 (jmcdeur. vol, Rm\mm Davis Dircelar ot•lhe Division ol'Consml Management 400 Coinnicrcc Arc Morehw(d City. NC 28557 I'iu v-nuJl A'rl(t .�j)il —J )l rdrar.rro• Kclly Spivey Held Representative Norlh Carolina Department o1• m imminent and Nalund Resources 9.13 Washington Square \7t11 Nashington.NC 27889 Via e-madAohuutdan unrt-Ho-,w•denr.ear Jonathan I10t\e1I Manager. Mirror Permits u.13 Washington Square Mall Washington. NC 27889 Via a -mail Christinepaehel2ncaenr. car Christine Ciuebcl Asst. General Counsel Nol1h C•artlina Department of rim irmmem and Natural Resources 217 West Jones Street Raleigh. NC 27602 Via ratall All u4x�cu {j uly/ni ear Mary L. I.ucasse Siveial Deptty A(loniey t icneral Nollh Curolitln Attorney General's 01'lice 1850 M. Sirm N W 12" Floor Washington, DC 20036 Vill a -mail rnurirtridualni.enr M. Sham Maier Assistant Aaonicy General Cununissiuns. Coastal Administrative Section latri(unnrcnud Division 114 W. Filenion St. Raleigh NC 27603 P.O. Ilm I25a1) \[x atR" \( 211561-I5m I:u sOal.l: (151) 611.5037 RECEIVED MAY 12 2021 F)CM-MHD CITY Re: Commenis and ObJcctions by William Axson Smilh, dr. 10 EI Marina till([ lioaq•ard's Application for it Major Developmenl Permit and/or n Major Modificnttoll to the lixislhng Major Development Permit 115-111, ns nlodifled Mr. Smith is the owner of ISelhaven Shipynnl and Marion. Inc. localol on linkers ('reek. at the "head waters aaljacenl to I'mucgo Sind.' On March 30. 2021. Mi. Smith received itotificution by letter dowel Murch 22. 2021. from fohy 'letierion of" 1'J Marina and Ihnuyanl, than ''1'J Marina and Boayard is seeking uuilwriratlion through the major ('AMA permit process to mark it channel in Barnlino (leek from the mouth at the conlluenee with the Pungo Itiver to the head miters adjacent Punlego Street in late I own of lielhaven." Pnr%inatl to Mr. 1'ettelton's lamer of March 22. 2021. Mr. Smith hereby provides you with his comments and objections to the projtet. In his application. Mr. '1'euerton states ''I'lie purpose ol'this project is to provide it series of 5 channel markers designed per I'S Coust Guard standanls to make it channel into harbor nrca housing twit selsoatc boatyards. the purpose to provide sate passage ol'bouts dart draft 3' ill 5' " ('onuucat: The Clurolel is ah•eadu' nmde Mr. Smith has been operating it loalynrd and marina in this Location since 1992. Ile is an atliacent riparian owner on Bakers Cieek and has used [lie Baualina Creek Channel tit access the I'tmgo River tier his shipyard leer almost 30 years. I le placed lite initial channel markers marking the Iialladina Creek Channel ram% \cars ago. lice 3 markers presendy in Baadiva ('reek Channel tier markers he placed in the Channel. Comment: No objection to channel improvements fur file purpose of providing safer passage fur vesscbs Mr. Smith does not ohjcel to the Battalion Creek Channel Irving marked to provided snl'cr passage for the vessels using the Channel. flowerer. this project should not be approved until till ol'the interested parties have the opportuniq Ibr input. including lite t 4nhed Stalcs Coast Ounnl. Anny ('ores of Engineers, and other gorernmenl agencies, and Mr. Smith ns the other nntjor stakeholder all'celed by the proiect. furthermore. the proiect should not favor one boalvard over the other For the name oi'the channel or signage. Objection to the removal or the channel markers placed in file channel by me. Mr. Smith obiec'ns it, the removal of floc 3 markers in the Baualina Creek Channel that he placed in the Channel its these niarkers continue to nark the Channel. Objection to Signoge Mr. Smith of jccts to signage being placed till the aids set navigation because he belicres that counncreiad signngc tieing placed oil aids tit navigation is controllit United Sates (bust Ouanl Rides liar Aids to Nas igatiun. lie also uliitus to signage advertising one boiayard served by the Battalioa Crock Channel and nun the other. Mr Tellcrnon's project proloses signage ibr his ;4EcEiVED MAY 12 2021 1)CM_MHD CITY boatyard bill not for Mr. Smiths boat yanl which has been using the Channel lot, almost 30 years. Mlr. Tcuentin's staled purpose is ••to make a channel into hanior area housing Itco separate Kimynnecessary mis." If siguage is necessato Ihal purpose. then the signage should lie equal lirr both boatwards. Objection to Chanel being Renamed Mr. Smith also objects to the Channel being called Ihe'fJ Marina and Boalyard Channel. The Channel is known us the Boualina Creek Channel and should not he renamed to benelit one bnwavard over the other. Comment: Aids to Navigation Marker IBC is it USCG flashing green light and is pun ill" the Intracoastal Waterway Syslcnt. fhis marker is crucial to the RAV and is pail itHhe Amty Corps it Engineers controlled depth ante. \hula I IW marks the cmrance lu the lielhaccn Channel till NOAA Chart 11358. North of I IJC is a I lashing linen marker am lite entrance at Ihaauliiaa C'reck. This marker is also known its bolo\ Creek 01. Currently there are 3 markers in Rakers ('reek, all of which were installed by Axson Smith almost 30 years ago. Aids to navigation regulated by the United States Cmut Guard anti the Army Corps of I?mgincers. Sec 33 (1:11209.32? Comment: Inland Navigation Rules Navigation in inland waters is governed by the U.S. Ikpartntent of I Itaneland Securily I'niled States Coast Gourd Navigation Rules. 33 U.S.C. 2001-2039. These Rules apply to nil vessels upon lite inland waters of the United States. Inland Navigation Rule I. All vessels in navigation upon tie inland "titers of the United States must comply with these rules. Id. lu addition to operating it boatyard. Mr. Smith provides to" boat services. and often is the first responder at marine casualties. NIt. Smith's work requires unrestricled access ua the public waters lending it) his haanynml. When engaged in lowing. Mr. Smith's towboats are considered "vesseljsj restricted in her ability to maneuver" which other vessels shall keep out of the way of. Inland Navigation Rule I H. " jAj" v.sscl engaged in a lowing operation such its severely restricts the towing vessel mxl her tow in their ability to deviate fixnn their course" is a "vessrl restricted in herabibily to maneuver." Inland Navigation Rule 3(g). Ohjection: Mr. 'felle N""% Prior Project has restricted and endangered vessels using Battalinn and Bakers Creek Mr. TcIIenon's walkway next to his hunt rump interferes with Mr. Smith's ability to dock vessels along his bulkhead, especially when vessels tire do ketl along the eastern side of the walkway. Since Mr. 'feucrmn's Barba tile mad drainage work at Bast Pamcgo Street, the liuuadution under Fast Pnnlego Suvel is beginning it) give nay creating a s:dcty hazard. Since Mr. Icmenon has begun his project. the portion al' Hakers Creek between Mr. I etterlun s and Mir. Smith's facilities has begun sifting -in. the depth of the water on Mr. Smith's side of the creek has become much shallower wherchy. Mr. Smith now, has trouble bringing sailboats into his facility. ,4ECEIVED MAY 12 2021 aDCM—MHD CITY Objection: This project should not go rorwnrd its presented This project should not go forward as prsented, because the project as proposed favors one user of the state's public resources over the other mid any marking or remarking of the Nnunlina Creek Channel requires the puticipmion, consultation, and input of all interested pauiics, including the United Slates Coast Guard. the Army Corp of Engineers, and other gwennuent agencies. and Mr. Smith as the owner of the other bontyard which the channel serves. Reservation of rights Mr Smith reserves the right to make additional comments and obiections, including the right In withdraw any comments or objections. Respectively submitted this 8` day ol'April. 2021. Charles K. McC'oller, Jr. Atiomcy for William Axson Sniith, Jr. Charles K. McColler. Jr. William Axsol Suiiih. Jr. RECEIVED MAY 12 2021 I)Chfa-6i HD CITY Additional copies sent to: William Axson Smith, Jr. (via e-mail) 1. Clark Wright, Jr. (via e-mail) ECEIVED MAY 12 2021 )CM-MHD CITY ROY COOPER Governor DIONNE DELLI-GATTI Secretary BRAXTON DAVIS Dlnrtor May 12, 2021 MEMORANDUM FROM. SUBJECT Applicant: Project Location: Proposed Project: NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-333D (Courier 04-16-33) gregq.bodnarCcDncdenr.gov CAMA Major Modification to Ma/or 115-18 Permit Application Review T.J.'s Land Development 727 Pantego Street, Belhaven NC Beaufort County Propose to install 5 new piling with navigational aids and an information board for the business. Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by June 02 2021. If you have any questions regarding the proposed project, contact Shane Staples (252)948-3950 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 SIGNATURE DATE RECEIVED MAY 12 02t DCM-MHD CITY Q North Carolina Department of Environmental Quality I Division of Coastal Managemmt Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889 1 252.946.6481 -E Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 1 910.796.7215 Morehead City Office 400 Commerce Avenue I Morehead City, North Carolina 28557 1 252.808,2808 Elizabeth City Office 1 401 South Griffin Street. Suite 300 1 Elizabeth City, North Carolina 27909 1 2522643901 MAJOR PERMIT FEE MATRIX / APPllcant: �V L�` �Q oe/">r".%Sf ` Development Type Fee DCM % DWQ % FSelection (143001601 435100093 1625 6253) (24300 1802 435100095 2341) I. Private, non-commercial ® development that does not $250 100% ($250) 0% ($0) involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not $400 100% ($400) 0% ($0) involve the filling or excavation of any wetlands or open water areas: Major Mod!Ncation to a $250 100% ($250) 0% ($0) CAMA Ma or rmit III. For development that involves the filling andlor excavation of up to 1 acre of wetlands andlor open water areas, determine B, C or D below applies: III(A). Private, non- commercial development, if $250 100% ($250) 0% ($0) General Water Quality Certification No. 3490 (See attached can be a lied: III(B). Public or commercial EJ development, if General $400 100% ($400) 0% ($0) Water Quality Certification No. 3490 (See attached) can be applied: III(C). If General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence Is needed because of concerns related to water quality or a uatic life: III(D). It General Water Quality Certification No. $400 60% ($240) 40% ($160) 3490 (see attached) cannot FAAO/ be a lied: IV. For development that L 1 involve; the filling and/or $475 60% ($285) ($190) excavation of more than t; ZQ one a^re of wetlands andlor I III open water areas: r ___--•••y .—•�...v ..., ew.. F.owu ni nuG�V.I"UIL "O'o--- NC Division of Coastal Management Major Permit Application Computer Sheet (1110112012) Permit Authorization: CAMA ❑Dredge &Fill L&JBoth SITE DES/CR/PTIONIPERMIT INFORMATION i PNA: Yes ❑No Photos Taken: Yes e No❑ Setback Required (riparian): ❑Yes o Critical Habitat: Yes No of Sure 15 foot waiver obtained. Yes o Hazard Nofi efion Returned El Yes o SAV. ❑ Yes No ❑Not Sure Shell Bottom: ❑Yes o Not Sure Temporary Impacts: es No I Sandbags: ❑Yes No Not Sure Did the land use ssiBcadon come from LUP: Mitigation Rewired (optional): county ffYas ❑No o M orium Conditions: ❑Yes No NA Environmental lAAs�ssmant Done: ❑Yes ❑N6�1VA l I ---.•...�.+... ..n cn a, AOJ(rr{,A 11UN- U1`11UNAL(choose MAX of 4) r - - - --rr•, • -•-, ivuurer t aensrove waters (Nsvtq ILJ Swamp Waters (SW) i iu u i WETLANDS IMPACTED (404) Corp. of Engineers (Jurisdictional Ll (LS) Sea lavender (Limonium sp.) wetlands) ❑ (SS) asswort (Salicomia sp.) (CJ) Saw grass (Cladium lamaicense) ❑ (SA) Salt marsh mrdgrass ' artina (SY) Salt reed grass (Sparfina altemiftora) cynosuroides) (DS) Salt or spike grass (Dfstichlfs I ❑ (SC B ll D. spicata) sP l ) ?32.3:d•2303 .. �•333•.tRCOA>' ;.ncanas:8�ma.-an�m�nc.; ..w r,>.+a+wn v+ v/voata, n,�t 1, �}, },lwauVu VVIH},M ICI t111CCiYaj2 1 JP -1 Applicant Date: S�/dq Descrtbe 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 i REPLACE T- Activity Name Number Choose Choose Dimension t j Dimension 2 Dimension 3 I Dimension 4 One One r J New woAc Replace N y j Maint ❑❑ Y [] J New Work❑ Replace I Maint ❑ I ❑ Y ❑ N I Work ❑ Replace INew Maint ❑ ❑ Y❑ N I I I ! New Work❑ I Replace j Maint ❑ - ❑ Y ❑ N I New Work Lj Replace t Maint ❑ ❑ Y ❑ N New Work Lj! Replace i Maint ❑ ❑ Y ❑ N New Work UReplete Main( ❑ i ❑ Y ❑ N j New Work ❑ Replace Maint ❑ ❑ Y ❑ N I New Work Lj Replace Maint ❑ El ❑ N I New Work 0 Replace - Maint ❑ ❑ Y ❑ N 1 New Work ❑ Replace i � Maint ❑ ❑ Y[IN New Work ❑ Replace Maint ❑ ❑ Y ❑ N New Work❑ I Replace ! Maint ❑ ❑ Y ❑ N New Work Replace ! 'Maim ❑ ❑ Y ❑ N I i i New Work U Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N I ;New Work UReplace Maint ❑ ❑ Y ❑ N New Work ; Replace, - Maint ❑ i❑ Y❑ N ,vaw vVvre U naplece Maint ❑ ❑ Y [IN i New Wont El I Replace Maint ❑ ❑ Y ❑ N New Work Replace Maint ❑ ❑ Y ❑ N ! Maint ❑ ❑ Y ❑ N RECEIVED MAY 12 2021 DCM-Mi 5Ft11YIisno nv uir,aiun vi vv%aolat/IYOUTT, swp/pucallon /t;ornputer sheet, Page 3 of 4) Applicant: -/ ',J. Dale: s/gyp/, 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, 9 1 FINALS;. Ft. TOTAL Feet FINAL Feet (Applied for. (Anhcipated final I (Applied for (Anticipated final Habitat Name DISTURB TYPE Disturbance total I disturbance. Disturbance disturbance. Choose One includes an I y Excludes an I y total includes Excludes an y anticipated restoration any anticipated I restoration andrw restoration or I and/or temp J restoration or temp impact �'r temp impacts) [ im act amount ' temp Impacts amount V Dredge ❑ Fill Both ❑ Other ❑ ' ��T I i Dredge ❑ RY [I Both ❑ Other ❑ i Dredge ❑ Fill ❑ Both ❑ Other ❑ j .Dredge U FAN❑ Both U Other i Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ I Dredge ❑ Fi# ❑ Both ❑ Other ❑ i j Dredge ❑ Fill ❑ Both ❑ Other ❑ I Dredge ❑ Fill ❑ Both ❑ Other ❑ I Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ Dredge ❑ Fill ❑ Both ❑ Other ❑ i RECEIVED MAY 12 2021 DCM-MHD CITY �3?.3;i8�?3.-.3 ...x33.�2 r•Oi.3T . •�..; ,�-,.. . --_�a5:]!_^12r8gs•rsnt,r=; s:•sad: �'? '- t: Marker Locations Date: 25 January 2021 Sheet 1 of 4 1 BC: Size: 10" piling Light: Green FL 4s 157, -- Color. Green light reflecting material Marking: (white reflective paint) - "1 BC' _ 35.538614,-76.603841Ic INFO BOARD: Size: w 3' x H 4' board on 30" ng Light: N/A Color: whhe board w/ Orange light reFlecting material trim Marking: 'TJ MARINA 252-943-3333 BTB: CH )OD(" L. nel PHONE# BTB CH m D OMNI-DIRECTIONAL, GREEN LIGHT 45 RD/ZS LENGTH 1 MILE VIZ, 1 CANDELA *GREEN LIGHT REFLECTING MATERIAL, WHITE REFLECTIVE LETTERING 'NOTE_ WILL POST BOARD ON REVERSE SIDE OF PILING FOR OUTBOARD TRAFFIC INFORMATION BOARD' WHITE SIGN W/ ORANGE TRIM WHITE BOARD W/ ORANGE LIGHT REFLECTING MATERIAL TRIM W/ BLACK LETTERING '1 'NOTE, WILL POST BOARD ON REVERSE SIDE OF PILING FOR OUTBOUND TRAFFIC, ICW W/SHOAL WATER ARROWS REVERSED 10" DIA. PILINGS MEAN HIGH WATER MARK 'GREEN LIGHT REFLECTING MATERIAL, WHITE REFLECTIVE LETTERING *NOTE' WILL POST BOARD ON REVERSE SIDE OF PILING FOR OUTBOARD TRAFFIC 10" DIA. PILINGS MEAN HIGH WATER MARK TJ Marina and Boatyard Channel Marker Detail Date: 25 January 2021 Sheet 3 of 4 a 'RED LIGHT REFLECTING MATERIAL, WHITE REFLECTIVE LETTERING 'NOTE. WILL POST BOARD ON REVERSE SIDE OF PILING FOR OUTBOARD TRAFFIC 10" DIA. PILINGS MEAN HIGH WATERMARK 1 MARKERS - ELEVATION DETAIL SCALE: 3/8" = 1'-0" 6: Size: 10" piling Light: none Color: Red light reflecting material -- Marking: (White reflective paint) rK ;` M PL� ' o M m 4: Size: id' piling�- Light: none _ Color: Red light reflecting material j !� Marking: (White reflective palm) ..4., 5: Size: 10" piling Light: none - -- Color: Green light reflecting material Marking: (White reflective paint) 5„ INFO BOARD: Size: W Tx H 4' board on 10" piling Light: N/A Color: White board w/ Orange light reflecting material trim Marking: "Tl MARINA 252-943-3333 BTB: CH )DW iel Marker Locations 25 January 2021 2of4 R2: ze: SlY' piling ght: noneolor. Red light reflecting material arking:(White reflective paint( "2„ 1 BC:-. Size: 10"piling Light: Green FL 4S Color: Green light reflecting material Marking: (White reflective paint) TL WM" a 'MM-RD Rw- ONP 71 A. / O 41 Sit- fl ' w�i Tinker Prop #6 ISS �` ►. - White Plains Church =� } `tea Ministries Prop #5 f A POP a % 71 f � � �•llli.� is�� .''' r✓pp�..� Axon Smith Prop #4 Beaufort County, NC Batillina Creek Disclamer: Beaufort County online map u, u u providid m a public service. u ii, u availobIn and without wvrantia, cxprescd m impliN. Corwi published on thi, weI,dn is for infomutimul purposes only and is not munded to cormorunn a mgd=urd our duud it be wbsuw¢d for die Wvim or umm of i Lr, pmf until.. The County of Beuufort and Ne Wdoite pry 'disclaim di reap ibility arul IcgW liability far the commt pubhi onl on mu w Wire.' user.g dutB Juan County ud u, A Vi drall be IUWh 1. fonall action, dims, damages orjudgmmu a,,iny out of the use or County mu. bwufmmcagdmapx.cnm a '1 �100 m —+I—I Mar/04/2021 , 5001 ft 1 Scale 1:6316 East End Holding Prop TJ Marina and Boatyard Map of Adjacent Property C vVr Date: 25 January @D21 o v Sheet 4 of 4 >_ C., o BE Singleton Prop t Pearce Prop #9 argent Investment roup Prop. #1