DWR Res_Attach2_6

M
ROY COOPER
Attachment No. 3 Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
Gregg Bodnar, NCDCM Assistant Major Permits Coordinator
FROM: James Harrison, NCDMF Fisheries Resource Specialist
SUBJECT: TJ's Transient Marina, Beaufort County
DATE: 15 August 2022
A North Carolina Division of Marine Fisheries (DMF) Fisheries Resource Specialist has
reviewed the permit application for proposed actions that may impact fish and/or fish habitats.
The applicant, T.J.'s Land Development, LLC is proposing to construct a transient marina with
40 slips, upland and open water excavation, bulkhead, docks, upland fill, bathhouse, laundry
facilities, ship store, and gravel parking area. The proposed project is located at 975 East Pantego
Street, Belhaven in Beaufort County, North Carolina. The waters of the project area are
classified as SC; HQW, NSW, are not open to shellfish harvest, and are designated as primary
nursery area (PNA).
The open water excavation involves dredging within or near Boat Harbor Canal, Bakers Creek,
Battalina Creek, and Sargent Canal. All excavation will be to a final depth on -6' at normal water
level (NWL). For all sections of upland excavation, there will be a final project depth of -6'
NWL. The bulkhead portion involves installing 1,592' of vinyl sheet pile. All bulkhead will be
installed in the uplands or along the upland/wetland interface prior to excavation, with the
exception of along the head of the Boat Harbor Canal which will be a maximum of 12'
waterward. There will also be three docks and one pier that will result in 3,280 square feet of
overwater coverage.
As noted above, the waters of the project area are designated as PNA. Waters designated as PNA
are estuarine waters where initial post -larval development occurs for various commercially,
recreationally, and ecologically important species. These waters provide the necessary food,
protection, and environmental conditions (i.e., pH, salinity, temperature, etc.) during highly
vulnerable life history stages. As such, protection of these waters is critical to the survival of
these species. Therefore, DMF would recommend that the permit include a 1 April through 30
September moratorium for all in -water work.
Thank you for consideration of our comments and concerns. Please contact Jimmy Harrison at
[phone] or at james.harrisongncdenr.gov with any further questions or concerns.
State of North Carolina Division of Marine Fisheries
3441 Arendell Street I P.O. Box 769 Morehead City, North Carolina 28557
252-726-7021

Attachment No. 4
STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
WILLIAM AXSON SMITH, JR.
)
)
Petitioner,
)
V.
}
N.C. DEPARTMENT OF
)
)
ENVIRONMENTAL QUALITY,
}
DIVISION OF COASTAL
)
MANAGEMENT,
Respondent.
}
and
)
TJ'S LAND DEVELOPMENT, LLC.
)
Respondent -Intervenor
)
)
IN THE OFFICE OF
ADM MSTRATIVE HEARINGS
21 EHR 3163
SETTLEMENT AGREEMENT
This Settlement Agreement ("Agreement") is entered into by and between Petitioner
William Axson Smith, Jr., Respondent, North Carolina Department of Environmental Quality,
Division of Coastal Management ("DCM" ), and Respondent -Intervenor, TJ's Land Development,
LLC. (TJ's). Together, Petitioner, Respondent and Respondent -Intervenor constitute the "Parties"
to this Settlement Agreement.
Petitioner filed this action challenging DCM's March 11, 2421 minor modification to
Mai or Permit No. 115-1 S ("Permit Modification") issued to T.J.'s pursuant to the Coastal Area
Management Act of 1974 ("LAMA"). The Permit Modification authorized the development of
two additional mooring pilings, the conversion of six wet slips into boat lift slips, the construction
of two gazebos, and the installation of two fuel dispensers. Petitioner only challenged the permit

decision as it relates to the Iocation of the two fuel dispensers, The proposed development was
authorized at 518 East Pantego Street, near Belhaven in Beaufort County (the "Site"). Us owns
and operates a marina on the Site. Petitioner owns and operates a boatyard and TowBoatUS
franchise directly across Bakers Creek from the Site.
Since the commencement of this contested case, the Parties have engaged in multiple
discussions in an effort to resolve this matter, along with larger issues and disputes related thereto.
On Monday, January 10, 2022, the Parties engaged in extensive mediated settlement meetings and
discussions, culminating in the execution of a five page hand written settlement agreement. The
Parties now execute and enter into this Settlement Agreement as a more formal memorialization
of that handwritten agreement. The handwritten agreement is attached and incorporated as Exhibit
1. Exhibit 1 consists of five handwritten pages and an attached plat map entitled "Survey for TJ's
Land Development, LLC dated November 9, 2021, drawn by Mayo and Associates, P.A.
(hereinafter "Mayo Plat"). The drawings, terms and handwritten notes on said plat map expressly
are incorporated into this Settlement Agreement. The terms contained in the five page handwritten
agreement are superseded by the terms of this Settlement Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises described in this
Settlement Agreement, and other valuable consideration that each of the Parties agrees is present
as to each such Party, the Parties contract, settle and agree as follows:
TERMS APPLICABLE TO ALL PARTIES
1. Each Party agrees that it will use its best efforts to timely and fully effectuate all
Of the terms of this Settlement Agreement.
2

2. This Settlement Agreement is governed by the laws of the State of North
Carolina.
3. Except as expressly provided below, should any provision or provisions contained
in this Settlement Agreement be deemed by a proper court of law to be invalid or unenforceable,
all remaining terms shall remain binding and in effect.
4. The Parties agree that this Agreement pertains to disputed issues, facts and claims
and is the result of negotiated compromise. As such, none of the terms of this Settlement
Agreement constitute any admission of law, fact or liability, except as needed to implement the
terms of this Agreement, and as to such only for that purpose.
5. The Parties agree that this Agreement contains the entire agreement and
understanding between the Parties concerning the subject matter of this Agreement, and that the
terms of this Settlement Agreement supersede and replace the terms of the handwritten mediated
settlement agreement (see Exhibit 1) signed by Petitioner and Respondent -Intervenor on the
evening of January 10, 2022, but that the Mayo Plat attached to that handwritten agreement is
incorporated into the terms of this Settlement Agreement.
6. Each Party agrees that they have read the entire Settlement Agreement and
understand its terms. Each Party acknowledges that this Agreement is being signed freely
without fraud, duress, or undue influence. Each of the terms of this Agreement are contractual,
not a mere recital, and are the result of good faith, informed negotiations among the Parties.
7. The Parties agree that each has had ample opportunity to review this Settlement
Agreement and consult with an attorney of their choice during the negotiation and drafting of the
Agreement.

S. The Parties agree that no one Party drafted the terms of this Settlement
Agreement; that each Party contributed to the drafting of the terms of this Settlement Agreement;
and that any rule of construction purporting to resolve any ambiguity against a drafting party
shall not apply to interpretation, implementation or enforcement of any of the terns of this
Settlement Agreement.
9. This Agreement is made and entered into in the State of North Carolina and it
shall in all respects be interpreted, enforced, and governed under the laws of this State.
10. The Parties, without further consideration, shall promptly execute and deliver
such other documents and take such other actions as needed to implement and timely
consummate all of the terms and subject matter of this Settlement Agreement.
11. All Parties agree that they each shall bear their own attorney fees and costs related
to this contested case.
12. This Agreement may be executed in counterparts with the same force and effect
as if executed in one complete document. Electronic or digital signatures are acceptable.
13. The Parties represent that they have the authority to execute this Agreement.
14. This Agreement may be modified only by a writing signed by all the Parties.
TERMS APPLICABLE TO PETITIONER AND RESPONDENT -INTERVENOR
15. Any needed location or staking of boundary lines and other points referenced in
this Settlement Agreement shall be agreed to by Petitioners and Respondent -Intervenor
(hereinafter "TT'), and where such agreement cannot be informally reached, such lines and
points shall be located on the ground by a licensed land surveyor with Mayo and Associates,
with Petitioner and TJ splitting the costs of same equally
4

16. In accordance with applicable CAMA law, rules and permit terms (see provisions
of this Agreement below), following issuance by Respondent of the Major Development CAMA
Permit described below, TJ shall install bulkhead structures along the portions of the shoreline of
the property denoted on the Mayo Plat ("Tract A") running from point C to the northernmost
Point of line L13. Such bulkhead line shall be no less than 100 feet from the currently existing
bulkhead line on TJ's adjacent property across the waterbody depicted as Bakers Creek on said
Plat. TJ shall install this section of the bulkhead no later than December 31 of the third year
following issuance of the Major development CAMA permit.
IT In accordance with applicable CAMA law, rules and permit terms (see provisions
of this Agreement below), following issuance by Respondent of the Major Development CAMA
Permit described below, TJ shall install bulkhead structures along the "point" portion of the
shoreline of the property denoted on the Mayo Plat ("Tract A") running along the line denoted as
L 13, with said bulkhead structures to be located no less than 20 feet landward from the current
Iocation of said line L13 as depicted on the Mayo Plat. TJ shall install this section of the
bulkhead no later than December 31 of the third year following issuance of the Major
development CAMA permit.
18. In accordance with applicable CAMA law, rules and permit terms (see provisions
Of this Agreement below), following issuance by Respondent of the Major Development CAMA
Permit described below, TJ shall install bulkhead structures along the portions of the shoreline of
the property denoted on the Mayo Plat ("Tract A") running from the easternmost point of L 13 in
a generally eastward direction along the various points and lines depicted on the Mayo Plat
through and including line L6, but no further eastward than a point located at the intersection of a
perpendicular line running northward from the easternmost side boundary line of Petitioner's Lot

4 until said line intersects with the L6 line — all as depicted on the Mayo PIat. These bulkhead
structures shall be located no less than 60 feet northward from Petitioner's northern lot boundary
lines for Lots 1 through 4 inclusive. This bulkhead structure obligation shall be limited laterally
to the areas northward of Petitioner's northern boundary lines for Lots 1 through 4 inclusive,
with TJ locating the western end of such bulkhead structures in a manner so that such bulkhead
structures seamlessly connect with the bulkhead structures described in Paragraph 17. Similarly,
TJ shall seamlessly connect the bulkhead structures described in Paragraph 17 with the bulkhead
structures described in Paragraph 16. TJ shall install this section of the bulkhead no later than
December 31 of the third year following issuance of the Major development CAMA permit.
19. Within 30 days of completion of construction of the bulkhead structures described
in Paragraph 18, Petitioner and TJ shall enter into a lease agreement encompassing a lateral 50
feet of said bulkhead structures with the center point of such lateral bulkhead area being located
in a perpendicular line northward from the center point of Petitioner's existing haul out area as
depicted on the Mayo Plat (see indented area within Petitioner's Lot 3 per the Mayo Plat). The
terms of the lease shall provide that Petitioner pay to TJ the monthly the sum of $250.00, to be
paid in advance of each month, for an initial lease term of three years. The terms of the lease
shall provide that Petitioner may renew said lease for an additional three year term at the
monthly rate of $275.00, and for a third three tear term at the monthly rate of $300.00. The
terms of the lease shall provide that within the covered 50 lateral feet of the covered bulkhead
structures neither Petitioner nor TJ nor any employee, agent, guest or invitee thereof may dock or
otherwise place any boat or tie up any vessel within said 50 linear feet of Us (newly
constructed) bulkhead structures. The terms of the lease shall be set forth in a separate document
to be drafted in good faith by counsel for Petitioner and TJ, to be attached to and incorporated
6

into this Settlement Agreement as Exhibit 2. Said lease shall contain a late lease payment
Penalty provision of $50 for any lease payments not made by the 1 Oth day of each month of the
lease term. TJ shall give Petitioner a ten percent (101/6) discount on the lease payments if
Petitioner pays 12 monthly lease payments annually in advance. Said lease shall contain a
Provision requiring Petitioner to give written notice to TJ at least one month prior to expiration
of the then current lease term regarding Petitioner's intent to renew (regarding the second and
third lease terms).
20. Within 60 days of the date of execution of the lease agreement described in
Paragraph 19 (which in accordance with the provisions of Paragraph 19 above shall be executed
within 30 days of completion of the bulkhead structures described in Paragraph 18) TJ shall
install at its cost at least one easily visible (from the immediately adjacent waters of Boat Harbor
Canal) sign stating that all persons and vessels are prohibited from docking, anchoring or tying
up anywhere within the 50 Iateral feet encompassed by the lease agreement. The location of this
signage shall be described in TJ's Major Development CAMA Permit application. The signage
shall remain for the duration of this lease agreement.
21. With regard to the two fuel dispensers described in the Minor Modification issued
to TJ by Respondent on March 11, 2021 [Permit No. 115-18], for so long as TJ operates such
dispensers, TJ agrees to hold Petitioner harmless as to any damages incurred by Petitioner
Proximately caused by TJ's dispensing of fuel from either of these two fuel dispensers.
22. With regard to operation of the two fuel dispensers described in Paragraph 21
above, TJ shall comply with all North Carolina Fire Code provisions applicable to the operation
of said fuel dispensers, and with all applicable U.S. Coast Guard rules and requirements

applicable to any spills into navigable waters from said fuel dispensers. Compliance shall be
determined by appropriate local, state and/or federal regulators.
23. After issuance of the Major Development CAMA Permit contemplated by the
terms of this Settlement Agreement, TJ shall dredge to minus six feet normal water level (this
term is defined in said CAMA Permit) the submerged bottom of Bakers Creek and Boat Harbor
Canal as generally defined on one side by the various bulkhead structures to be installed pursuant
to the terms of Paragraphs 16, 17, and 18 of this Agreement (and as more specifically defined in
the applicable terms of the Major Development LAMA Permit contemplated by the terms of this
Settlement Agreement), and on the other side by the various existing bulkheads on the adjacent
properties owned by Petitioner and TJ respectively. With regard to such dredging, Petitioner
shall hold harmless TJ for any sloughing or other damage to Petitioner's existing bulkheads in
the area of such dredging. This hold harmless agreement shall not apply should TJ directly
impact or damage any such bulkheads during the dredging process. The parties recognize and
understand that this dredging cannot take place during the time period running from April 11 to
September 301 of each year, and cannot begin until both the issuance of the Major Development
LAMA Permit and completion of construction of the various bulkhead structures described in
Paragraphs 16, 17 and 18 of this Agreement and further described in the plans, drawings and
terms of the Major Development CAMA Permit contemplated by the terns of this Agreement:
The parties acknowledge that any dredging will be contingent upon the issuance of a Major
Development CAMA Permit and subject to any conditions therein. TJ shall complete the
dredging activities located waterward of the bulkheads described in this paragraph no later than
December 31 of the third year following issuance of the Major Development CAMA permit.

24. The activities to be carried out by TJ as .set forth in Paragraphs 16, 17, 18 and 23
of this Agreement shall be carried out at Us sole expense. Petitioner agrees to cooperate with
regard to any of the dredging that takes place in and over submerged lands located within the
northern property boundaries of Petitioner's properties (Lots 1 through 4 as shown on the Mayo
Plat), and Petitioner agrees to not oppose issuance by Respondent of the Major Development
CAMA Permit contemplated by the terms of this Settlement Agreement, However, Petitioner
does not waive any of his riparian rights.
25. Within the areas of Boat Harbor Canal directly north of the northern boundary
lines of Petitioner's Lots 1 through 4 (per the Mayo Plat), TJ shall not place any pilings or other
structures within 60 feet northward from said northern property boundaries of Lots 1 through 4.
This prohibition expressly does not apply northward of the northern property boundaries of Lot 5
as shown on the Mayo Plat, and expressly does not prevent Ti from placing any pilings or
structures further northward than 60 feet from Petitioner's said northern property boundary lines
should TJ elect, for example, to excavate further landward to install inland boat slips, boat lifts,
or other structures.
26. Consistent with applicable laws, rules and applicable agency policies, TJ will use
its best efforts to submit to Respondent a complete Major Development CAMA Permit
application on or before June 30, 2022, seeking authorization to construct and carry out the
activities described in Paragraphs 16, 17, 18 and 23 of this Settlement Agreement.
27. TJ shall cease dispensing fuel from the two dispensers described in Paragraph 21
if TJ has not submitted a complete Major Development CAMA Permit application to Respondent
on or before June 30, 2022, and shall not resume any dispensing of fuel from said dispensers
unless/until a complete application is submitted to Respondent.
9

28. Within 10 days of the date of execution of this Settlement Agreement, Petitioner
shall write a brief letter to the local Fire Marshal withdrawing any objections to the placement,
construction or operation of the two fuel dispensers described in Paragraphs 21 and 22.
29. Within 30 days of the date of execution of this Settlement Agreement, Petitioner
shall file a dismissal without prejudice of its currently pending contested case [OAH File No. 21
EBR 3163]. Petitioner may file a contested case petition to contest the March 11, 2021 minor
modification to Major Permit No. ] 15-18 only if DCM fails to issue a CAMA Major permit
consistent with the terms of this agreement. If DCM issues a CAMA Major permit consistent
with the terms of this agreement; Petitioner shall be barred from filing a contested case petition
to contest the March 11, 2021 minor modification.
30. This Agreement shall inure to the benefit of and be binding upon the heirs,
representatives, successors and assigns of Petitioner and TJ.
OBLIGATIONS OF RESPONDENT
31. Nothing in the terms of this Settlement Agreement shall limit Respondent DCM's
authority to investigate noncompliance with any CAMA permit or applicable CAMA statute or
implementing rule, or to otherwise take enforcement action it deems appropriate.
32. Respondent DCM agrees to provide public notice of applicable provisions of this
Settlement Agreement, to the extent that any such public notice is required.
33. With regard to the Major Development CAMA Permit application contemplated
by the terms of this Settlement Agreement, Respondent DCM agrees to use its best efforts to
expeditiously review and issue its decision on said applied for Major Development CAMA
Permit, consistent with its available staff resources and the timeliness of response comments
from other involved State and Federal commenting agencies.
10

OTHER OBLIGATIONS
34. In order to quickly identify any potential resource concerns about the proposed
project, TJ agrees to participate in a pre -application meeting with DCM and other resource
agencies regarding the scope of the permit application contemplated by the terms of this
Settlement Agreement. Respondent DCM represents that, based on the information currently
available to it, Respondent DCM has not identified any legal provisions, CAMA use standards or
other governing statues or rules that would prohibit issuance of the Major Development CAMA
Permit contemplated by and described in this Settlement Agreement. Respondent DCM reserves
all rights and authorities available to it in processing and issuing a decision on the contemplated
CAMA Permit application.
35. Petitioner agrees not to appeal or otherwise challenge, directly or indirectly,
Respondent's issuance to TJ of the Major Development LAMA Permit described in and
contemplated by the terms of this Settlement Agreement, as long as the issued CAMA Permit is
consistent with the terms of this Settlement Agreement. Nothing in the terms of this Settlement
Agreement shall be construed to modify or limit Petitioner's or TJ's legal rights to challenge any
provisions contained in any issued CAMA Permit which provisions are contrary to, or outside
the scope of, the terms of this Settlement Agreement.
36. If for any reason, Respondent DCM does not issue to TJ the CAMA Permit
substantially similar to the one contemplated by and described in the terms of this Settlement
Agreement, then the terms of this Settlement Agreement shall become voidable at the written
request of any of the Parties, which written request must be made within 14 days of the date of
Respondent DCM's permitting decision.
MISCELLANEOUS
II

37. The parties contact information follows:
William Axson Smith, Jr.
P.O. Box 295
Belhaven, NC 27810
TFS Land Development, LLC
c/o Mr. Tobin Tetterton
P.Q. Box 125
Pantego, NC 27860
DEQ/DCM
cAo Kelly Spivey, District Manager
Division of Coastal Management
943 Washington Square Mall
Washington, NC 27889
IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the
date of the last signature below, with the intent that it be executed under seal.
Petitioner.
By: (SEAL)
William Axsoa Smith, Jr.
Date: �t
Counsel for Petitioner
Approved as to form and content:
Charles K. McCotter, Jr. ra
Attorney for Petitioner
N.C. Bar Number: 5018
2959 Trent Road
New Bem, NC 29560
Email: [e-mail]
Telephone: [phone]
Facsimile: [phone]
12

H. Ranee Singleton � I
Attorney for the Petitioner
N.C. Bar No.14309
115 N. Market Street, Suite 203
Post Office Box 697
Washington, NC 27889
Telephone [phone]
Fax: [phone]
Respondent:
NC Department of Environmental Quality, Division of Coastal Management
By: (SEAL)Braxton C. Davis
Director, Division of Coastal. Management
Counsel for Respondent
Approved as to form and content:
JOSHUA H. STEIN
M. Shawn Maier
Assistant Attorney General
N.C. No. 39879
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]
smaier(a)ncdoj. o-%"
Attorneys for Respondent
Respondent Intervenor:
TJ's Land Development, LLC.
By: (SEAL)
Tobin J. Tetterton, Sr.
13

H. Rance Singlet
A#mcy for the Petitioner
N.C. Bar No.14309
115 N Stye, Spite 203
Post Office Boa 697
W89hfiWOM, NC 27989
Telephone [phone]
Fax: (2S2) 94&1961
NC Dqmftem of EnvironmenW Qat', Division of Coastal Me,
Bn n= C. Davis
Diroctor, Division of Coastal M=g==
Counsel for Respondent
Approved as to fain ead content
JOSHUA H; STEIN
M. ShawnMaier —
Assimm Attorney General
N.C. No. 39879
N.C. Deparftaem of Justice
P.O. Boa 629
Raleigh, NC 276M-0629
[phone]
A*mwp for Respondent
Respondent-IetwMer:
TJ's Land Devela n
f
By. —(SEAL)
Tobin J. T gr ��l'�t1n?�
13

H. Ranee Singleton
Attorney for the Petitioner
N.C. BarNo. 14309
115 N. Market Sfiwt, Suite 203
Post Office Box 697
Washington, NC 27889
Telephone [phone]
Fax: [phone]
Respondent. -
NC Department of Environmental Quality, Division of Coastal Management
By: (sue)
Braxton C. Davis
Director, Division of Coastal Management
Counsel for Respondent T
Approved as to form and content:
JOSHUA H. STEIN
M. Shawn Maier
Assistant Attorney General
N.C. No. 39879
N.C. Department ofJustice
P.O. Box 629
Raleigh, NC 27602-0629
[phone]
smaierabncdo'. ov
Attorneys for Respondent
Respondent -intervenor:
TJ's Land Development, LLC.
By: (SEAL)
Tobin J, Tetterton, Sr.
13

Counsel for Respondent -Intervenor
Approved as to form and -,content:
I. Clark Wright
N.C. Bar No. 11163
Davis Hartman Wright LLP
209 Pollock Sueet
New Bern, NC 28560
Teleplwne: 252 262-7054 (new -direct line)
Mobile Phone: [phone] (preferred)
Facsimile: 257-514-9978
&mail: icw(ak1hw1eeal.com
Attoxneys for Respondent ]awmnor
14

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Exhibit 2
LEASE
STATE OF NORTH CAROLINA
COUNTY OF BEAUFORT
THIS LEASE, made and entered into this the day of 20 b and
between TJ'S LAND DEVELOPMENT, LLC, a North Carolina limited liability company, Owner,
and WILLIAM AXSON SMITH, JR., Tenant;
WITNESSETH:
WHEREAS, pursuant to the terms of Paragraph 19 of the Settlement Agreement executed
on February 2, 2022, and February 4, 2022, by and between Owner, Tenant and the N.C. Division
of Coastal Management, Owner and Tenant desire to establish the terms and conditions of a lease
and execute this Lease to so establish such terms, with such terms also governed by the applicable
terms of the referenced Settlement Agreement, which terms are incorporated into this Lease.
NOW, THEREFORE, for and in consideration of the Premises, the sum of Ten Dollars
($10.00) in hand paid, and the mutual promises, covenants, and conditions contained herein, the
parties agree as follows:
1. Owner leacec to Tannnt a„a 'r-- ...4- 1....___ - _
in Paragraph 2 for an Initial Term of 36 months, and two renewal options terms of 36 months each
as further described in Paragraph 3.
2. Premises. The Premises are a lateral 50 feet of bulkhead structures located on the
southern bulkhead of Owner's Tract "A," said Tract "A" being depicted on that plat map entitled
"Survey for T.J's Land Development, LLC dated November 9, 2021, drawn by Mayo and
Associates, P.A. (hereinafter "Mayo Plat'), with the center point of such lateral bulkhead area
being located in a perpendicular line northward from the center point of William Axson Smith,
Jr.'s existing haul out area as depicted on the Mayo Plat (see indented area within Petitioner's Lot
3 per the Mayo Plat).
3. Term. The execution and validity of this Lease is contingent upon permitting and
completion of the bulkhead structures referenced in Paragraphs 18 and 19 of the Settlement
Agreement. The Initial Lease Term shall begin within 30 days of completion of the construction
1

of the bulkhead structure described in Paragraphs 18 and 19 of the Settlement Agreement. Upon
completion of this bulkhead, Owner shall date (using the V day of the following month) and
execute this Lease and mail same to Tenant for Tenant's execution, after which Tenant shall return
the original executed Lease to Owner. Tenant shall provide Owner 30 days written notice prior to
expiration of the then current lease term regarding Tenant's intent to renew (regarding the Second
and Third Lease Terms).
4. Rent. As rent for the Initial Term, Tenant shall pay to Owner the sum of Two
Hundred Fifty ($250.00) per month, due and payable on the 1 st of each month, with rent payable
in advance of each month. If Tenant elects to renew for a second 36 month term, Tenant shall pay
rent for the Second Term at the rate of Two Hundred Seventy -Five ($275.00) per month; and If
Tenant elects to renew for a third 36 month term at the rate of Three Hundred Dollars ($300.00) a
month. TJ shall give Petitioner a ten percent (10%) discount on the lease payments if Petitioner
pays the monthly lease payments annually in advance.
5. Within the defined 50 lateral feet of the leased bulkhead structures, neither Owner
nor any employee, agent, guest or invitee of Owner may dock or otherwise place or tie up any
vessel within said 50 linear feet of Owner's newly constructed bulkhead structures. Within 60
days of the date of execution of this lease agreement, TJ shall install at its cost at least one easily
visible (from the immediately adjacent waters of Boat Harbor Canal) sign stating that all persons
and vessels are prohibited from docking, anchoring or tying up anywhere within the defined 50
lateral feet encompassed by the lease agreement. The signage shall remain for the duration of this
lease agreement.
6. Late Fee. Tenant agrees to pay Owner a late lease payment penalty of $50 for any
monthly lease payments not made by the 1 Oth day of each month of the lease term. Owner may
void the terms of this Lease if Tenant's rent becomes over two months past due.
7. Any notices required hereunder shall be deemed sufficient notice and service
thereof completed upon receipt of refusal of same if same shall be in writing addressed to the
addressee at the addresses set forth below, mailed certified or registered, postage prepaid, with
return receipt requested. Additional notice via email is encouraged.
8. The address of Tenant to which all notices shall be sent is:
2

William Axson Smith, Jr.
Belhaven Shipyard & Marina, Inc.
P.O. Box 295
Belhaven, NC 27810
Email: axsoL �,—gverforestshipyard.corn
9. The address of Owner to which all notices herein provided shall be sent is:
Us Land Development, LLC
27159 US Highway 264 E
Belhaven, NC 27810
PO Box 125
Pantego, NC 27860
Email: tobinlksnet.org
10. Notice also may be made by hand delivery with written proof of receipt.
11. Governing Law. This Lease shall be construed and interpreted in accordance with
the laws of the State of North Carolina.
IN TESTIMONY WHEREOF, the parties have caused this instrument to be
signed and sealed, having adopted as their seals the typewritten word "SEAL" appearing beside
their signatures, in a manner so as to be binding, this the day and year first above written.
OWNER:
TF S Land Development, LLC.
La
Tobin J. Tetterton, Sr.
Member/Manager
TENANT:
William Axson Smith, Jr.
(SEAL) BY:
William Axson Smith, Jr.
3
(SEAL)

STATE OF NORTH CAROLINA
COUNTY OF
I, a Notary Public for said County and State certify
that the following person(s) personally appeared before me this day, acknowledging to me that he
voluntarily signed the foregoing document for the purpose stated therein and, in the capacity,
indicated: Tobin J. Tetterton Sr. Member/Mana_.er.
Date:
(SEAL)
STATE OF NORTH CAROLINA
COUNTY OF
signature of Notary Public
My commission Expires:
I, - a Notary Public for said County and State certify
that the following person(s) personally appeared before me this day, acknowledging to me that he
voluntarily signed the foregoing document for the purpose stated therein and, in the capacity,
indicated: William Axson Smi Jr. as individual.
Date:
Signature of Notary Public
(SEAL) My commission Expires:
4

12/18/22, 9:49 AM Gmail - Dredge Spoil Sampling Methodology Project No. 20181108V3 TJ's Transient Mariana
Gmail lAttachment No. 5 Steve Trowell <[e-mail]>
Dredge Spoil Sampling Methodology Project No. 20181108V3 TJ's Transient Mariana
1 message
Steve Trowell <[e-mail]> Mon, Nov 28, 2022 at 5:52 AM
To: "Tankard, Robert" <[e-mail]>
Cc: "May, David" <[e-mail]>, "Sullivan, Shelton" <[e-mail]>, "Tetterton, Toby
([e-mail])" <[e-mail]>, 'Bodnar, Gregg" <[e-mail]>, "Spivey, Kelly"
<[e-mail]>, "Staples, Shane" <[e-mail]>
Robert:
Toby Tetterton has hired Terracon to perform the requested dredge spoil sampling. Attached is a description of the
methodology including sample locations. A total of five samples are proposed to be taken in the Boat Harbor canal.
Please advise if the methodology is acceptable or any changes you would like to make.
Steve Trowell
[phone]
Complete Dredge Sampling Plan.pdf
223K
https://mail.google.com/mail/u/O/?ik=bl 80975279&view=pt&search=all&permthid=thread-a%3Ar-8416334856754221689&simpl=msg-a%3Ar-8414682... 1 /1

w ierracon
November 20, 2022
Belhaven Marina
332 East Water Street
Belhaven, NC 27810
ATTN: Toby Tetterton
tobin(agotricounty.com
tobin(a)rsnet.org
RE: Dredge Sampling Methodology
Dear Mr. Tetterton:
The purpose of this letter is to summarize our proposed sampling methodology for the Belhaven
Marina project.
In order to obtain representative samples of the existing soils in the basin that are to be dredged,
we offer the following methodology.
Mobilize to the site with sediment samplers, laboratory prepared containers and the
appropriate PPE.
Using a boat, travel to the locations marked on the attached drawing. The location of the
sampling will be documented using a handheld GPS.
Anchor the boat at the sample location.
Obtain a sample of the upper 3 feet of sediment at each location.
Empty the sediment sample into a stainless steel bowl. Mix the sample using stainless tell
spoons and gloved hands. The mixing bowls and spoons will be cleaned before sampling
and between each sampling point.
Place the samples in laboratory prepared jars. Then into iced coolers.
Ship the samples on ice overnight to Pace Analytical Lab in Huntersville, NC.
Analyze the samples obtained for Metals using EPA Method 6010, Mercury using EPA
Method 7470A, PCBs using EPA Methos 8082 Low Level and PAHs using EPA Method
8270C.
Issue our findings in a written report.
Sincerely,
Carl F Bonner, PE
Principal / Office Manager
Terracon Consultants, Inc. 314 Beacon Drive Winterville, INC 28590
P [252] 353 1600 F [252] 353 0002 terracon.com Registered INC F-0869

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Attachment No. 6
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRIAN WRENN
Director
TJ Land Development, LLC
Attn: Mr, Tobin J. Tetterton
PO Box 12S
Pantego, NC 27860
Dear Mr. Tetterton:
NORTH CAROLINA
Environmental Quality
October 21, 2022
Subject: Stormwater Redevelopment Exculsion
Stormwater Project No. SW7220708
TJ's Transient Marina Project
Beaufort County
On July 21, 2022, the Washington Regional Office of the Division of Energy, Mineral, and
Land Resources received a copy of your CAMA application for the subject project located at 975
Pantego Street in Belhaven, NC. Additional information along with a revised site plan was provided
by Mr. Steve Trowel] on September 23, 2022. The revised site plan and Ortho Quad shows the
existing impervious areas to be approximately 50,000 sf. The proposed development includes a 40
x 240 building and gravel parking; resulting in 22,399 sf of new impervious area and an overall
reduction of site impervious area of approximately 27,600 sf. Based on your application and the
supporting documents, it has been determined that the project proposes activities that are excluded
from State Stormwater permitting requirements as set forth in stormwater rules under Title 15A
NCAC 2H .1000.
Therefore, the Division of Energy, Mineral, and Land Resources is hereby providing
confirmation that the subject project is excluded from State Stormwater permitting requirements
under the following conditions: 1) The project must be constructed as shown on the plans
submitted to this Office; 2) The project proposes no net increase in impervious coverage; and 3)
The proposed stormwater controls provide equal or better protection of surface waters than the
existing stormwater control. The proposed marina operation will require coverage under the NC
General Permit NCG190000. The application for this permit -can be found on our website at the
following link: General Industrial Permits I NC DE
Under Section .1003(b) of the stormwater rules, the entire common plan of development
must be permitted. Therefore, any future development or changes to the proposed development,
including but not limited to, the locations of the built -upon area and construction of additional
built -upon area, may require approval or a Stormwater Management permit application and permit
issuance from the Division of Energy, Mineral, and Land Resources prior to any construction. Any
construction on the site prior to receipt of the required approval or permit will constitute a
violation of Title 15A NCAC 21-1.1000, and may result in the initiation of appropriate enforcement
action.
North Carolina Department of Environmental Quality I Division of Energy, Mineral and Land Resources
Washington Regional Office 1 943 Washington Square Mall I Washington, North Carolina 27889
252.946.64 81

TJ Land Development, LLC
October 21, 2022
Page Two
Please keep in mind that this determination does not affect your legal obligation to obtain
other permits and approvals which may be required by Federal, State, or local government agency
rules or laws. If you have any questions, or need additional information concerning this matter,
please contact this office at [phone].
Sincerely,
Samir Dumpor, PE
Regional Engineer
cc: greg,[e-mail]
[e-mail]
WARD
� � North Carolina Department of Environmental Quality I division of Energy, MineraE and Land Resources
Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889
wca,Ncaaoc,rw
0W.•E.0F.—�Q..ft /°� 252.946.6481