20181108V3V4_BUFFER_Exemption_Request

October 24, 2022
Mr. David May, Regional Supervisor
Water Quality Regional Operations Section
North Carolina Division of Water Resources
943 Washington Square Mall
Washington, North Carolina 27889
Dear Mr. May:
I am writing this letter as a follow up to discussions had during our October 12, 2022, scoping meeting in
the Washington Regional Office concerning issues raised in your September 15, 2022, project hold letter
for a project contemplated by TJ's Land Development LLC, Project ID no. 201811080, subject of a Major
CAMA/Dredge and Fill permit application submitted to the Division of Coastal Management on June 28,
2022. This project was also the subject of a preapplication multiagency scoping meeting held on May
31,2022 in the Washington Regional Office. The project site is located at 975 Pantego Street in the Town
of Belhaven adjacent a manmade canal system at the head of Battalina Creek.
The Major CAMA/Dredge and Fill permit application submitted on June 28, 2022, was a product of input
received during the May 31, 2022, preapplication multiagency scoping meeting. The Washington 401 and
Buffer permitting section was represented by staff member Mr. Chris Pullinger, who announced during the
meeting that he was leaving to take a position in another Division within the Department of Environmental
Quality. I will have to say that the September 15' meeting had much better attendance from the 401Buffer
permitting staff and I appreciate their time and input to assist in getting this permit application moving
again in the process.
We continue to modify the project design and gather more information to address concerns raised by the
401Buffer permitting staff and your 15 September 2022 letter. While doing so I am working to understand
the concerns with the current project design as evaluated against the Tar -Pamlico River Basin buffer rules
as found in North Carolina Administrative Code 15A NCAC 02B.0734 especially since the project
permitted and built by Mr. Tetterton in 2019/20 adjacent and across the same canal system was exempted
from the buffer requirements by former 401Buffer permitting staff member, Mr. Anthony Scarbrough.
This exemption determination was based off an October 8,2017 site visit conducted by Mr. Scarbrough
where he determined there to be existing uses present and ongoing as well as their resultant impacts to
buffer functions (see attached email dated February 19,2018) therefore per 02B.0734(6)(a)(i) he exempted
the entire project area from any buffer requirements.
The existing, ongoing uses, site conditions and buffer functions on Tract A of Mr. Tetterton's current project
site are very similar if not the same as the uses and resultant site conditions and buffer functions on his
2018 project site. Tract A has remained an open tract with little to no trees, vegetated by maintained lawn
grasses since the original excavation and filling activities that created this canal system sometime between
1964 and 1970 (See attached "TJ Project Site Images"). The creation of the canal system and the uplands
on Tract A was constructed for use as a harbor of refuge for commercial fishing operations and that use
continues today. To support this ongoing use over the years gravel and fill dirt has been trucked and spread
out in the more heavily used areas. Mr. Tetterton since purchasing this tract in 2021, uses this site as a
laydown yard and staging area for his marine construction business, Us Marine Construction. He recently
was awarded the contract by the NC Division of Marine Fisheries for the deployment of concrete artificial
reef balls. The reef balls were stockpiled on Tract A and loaded onto the work barge moored in Battalina
Creek. There were no improvements/further development activities required on Tract A to facilitate

Mr. David May
October 24, 2022
Page Two
stockpiling or loading the reef balls on barges. The soil of tract A is best characterized as clay that is very
easily compacted by repeated vehicular traffic. These areas have been identified and surveyed and
submitted to the Division of Land Resources Stormwater Section as part of a request for a Re -development
Exclusion from stormwater permitting. Mr. Tetterton anticipates receiving a Re -development Exclusion
from DEMLR due to the reduction of impervious surface coverage, and the maintenance of diffuse flow
through a vegetated buffer 50' wide between the proposed impervious surfaces and the adjacent surface
waters/canal system. I have attached a PDF titled "TJ Project Site Images" to assist in the review of the
site uses and conditions overtime as well as the survey of the compacted soils and gravel area. A copy of
the survey plat with the impervious areas shown was given to Mr. Alan Stewart of your staff at the
October 12, 2022, meeting.
Once we complete modification of the project plans and our response to your September 15, 2022, letter, I
will be submitting everything to you hopefully later this week. In the meantime, I am requesting you and
your staff review the attached information and consider exempting Tract A from the Tar -Pamlico River
Basin Riparian Buffer rules per NCAC 02b.0734(6)(a)(i). Mr. Tetterton is not looking to change his project
design on uplands on Tract A, just consistent application buffer rules that will facilitate the authorizations
needed to restore the existing highly impacted buffer resulting from existing uses around the perimeter of
Tract A without having to vet the project through an overly burdensome administrative permit process
outlined in your September 15, 2022, letter.
Thank you for your time and guidance and your consideration of our request. If I can be of further
assistance, please let me know.
Sincerely, ,
Steve Trowell
On behalf of TJ Land Development LLC, Mr. Toby Tetterton
Cc: Mr. Raleigh Bland, Project Manager, USACE Washington Regulatory Office (via -email)
Mr. Gregg Bodnar, Assistant Major Permit Coordinator, DCM Morehead City (via -email)
Mr. Kelly Spivey, District Manager, DCM Washington Regional Office (via -email)
Mr. Shane Staples, Field Representative, DCM Washington Regional Office (via -email)
Mr. Robert Tankard, DWR Assistant Regional Supervisor, Washington Regional Office (via -
email)
Mr. Alan Stewart, DWR Environmental Specialist II, Washington Regional Office (via -email)
Attachment (TJ Project Site Images via -email)