20181108 Ver 4_More Info Requested_20221129

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Mr. Steve Trowell
102 East Watson Street
Windsor, NC 27983
NORTH CAROLINA
Environmental Quality
November 29, 2022
DWR # 2018-1108 V4
Beaufort County
Subject: REQUEST FOR ADDITIONAL INFORMATION Tar -Pamlico Riparian Buffer
Authorization Request (15A NCAC 02B .0734 and 15A NCAC 02B .0611)
TJ's Transient Marina — Expansion of Marina
Dear Mr. Trowell:
On September 30, 2022, the Division of Water Resources (Division) received your application
requesting a Buffer Authorization from the Division for the subject project. On October 24, 2022,
the Division received additional information from you via email on behalf ofTJ Land Development
LLC asking the Division to review the proposal as existing uses. The Division has determined that
your application is incomplete and cannot be processed. The application is on -hold until all the
following information is addressed and received:
1. The entire project as proposed does not meet the criteria listed in [15A NCAC 02B .0734
(6)] which describes the exemptions when existing uses are present and ongoing. There
may be some areas of the project where this can be applied, but it does not apply the
entire footprint of the project as proposed.
2. Avoidance and Minimization has not been demonstrated from the proposal of the
slatted, concrete, sidedock being installed along most of the proposed shoreline and
within zone 1 of the riparian buffer. [15A NCAC 02B .0611].
3. The proposed excavation of the existing footprint of the riparian buffer along the
shoreline is not listed as an allowable use of the Tar -Pamlico Riparian Buffer Rules [15A
NCAC 02B .0734 (11)].
4. Justification and Avoidance and Minimization has not been demonstrated from of the
proposed bulkhead installation being 18 inches above the existing grade. [15A NCAC
02B .0611].
5. The 18 inches of earthen fill within the riparian buffer is not listed as an allowable use in
the table of uses of the Tar -Pamlico Riparian Buffer Rules [15A NCAC 02B .0734 (11)].
The Division believes the project may not fit in any allowable uses provided for in the Tar -Pamlico
Buffer Rules' Table of Uses [15A NCAC 02B .0734 (11)]. If the project does not meet an allowable use,
the only way it could proceed is if it were granted an Authorization Certificate with Exception. The
NORTH CANOL
Department or Environmental Dualilyy
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

requirements for an Authorization Certificate with Exception can be found in [15A NCAC 02B .0611
(c)].
Pursuant to 15A NCAC 02B .0734 and 15A NCAC 02B .0611, the applicant shall address and furnish
information regarding the above items for the proper consideration of the application. Please
respond in writing within 30 calendar days of receipt of this letter by sending one (1) copy of all of
the above requested information to the 401 & Buffer Permitting Branch, 1617 Mail Service Center,
Raleigh, NC 27699-1617 OR by submitting all of the above requested information through this
link: https://edocs.deq.nc.gov/Forms/Supplemental-Information-Form (note DWR# 20221108 V4
requested on the link is referenced above).
If all of the requested information is not received within 30 calendar days of receipt of this letter, the
Division will be unable to approve the application and it will be denied as incomplete. The denial of
this project will necessitate reapplication to the Division with a complete updated application
package for an approval or exception request.
Please be aware that you have no authorization under the Tar -Pamlico Riparian Buffer Rules 15A
NCAC 02B .0734 and 15A NCAC 02B .0611 for this activity and any work done within these buffers or
waters of the state may be a violation of North Carolina General Statutes and Administrative Code.
Please contact Robert Tankard at 252-946-6481 or [e-mail] if you have any
questions or concerns.
Sincerely,
Shelton Sullivan, Acting Supervisor
401 & Buffer Permitting Branch
cc: Tobin Tetterton, TJ Land Development ([e-mail])
Steve Trowel!, ([e-mail])
Raleigh Bland, USACE Washington Field Office (via e-mail)
Gregg Bodnar, DCM Morehead City (via e-mail)
Kelly Spivey, DCM WaRO (via e-mail)
Maria Dunn, NC WRC — WaRO (via e-mail)
Jimmy Harrison, NC DMF — WaRO (via e-mail)
DWR Files/Laserfiche
Filename: 20181108V4_TJsTransientMarina_BufferAuth_RegForinfo(Beaufort)
D_EQ�NORTH CAROLINA
o.nwrnaus11
North Carolina Department of Environmental Quality 1 Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000