20181108 Ver 4_BA Response Attachment no. 1-9_20230324

Attachment no. 1 BA More Information Response
TXS MARINA MODIFIED PROJECT—DWR SCOPING MEETING NOTES AND
FEEDBACK
Introduction
Thank you for meeting with DWR on January 10, 2023, at Washington Regional Office to discuss
the above referenced project. Our understanding from that meeting is that the proposed project
has been modified and DWR appreciates this opportunity to provide feedback on the modified
project and hopes that it will be helpful to you in any future updated submittals and permit
applications.
I. BUFFER TOPICS
A. Buffers -Generally
1. Present and ongoing use exemption:
a. Existing uses that are present and ongoing (as of Jan. 1, 2000) are exempt
from the Tar Pam buffer rules. Please note that the analysis is based on the
"footprint of the existing and ongoing use" —not impervious surface per se.
Relatedly, a present and ongoing use in one portion of a parcel does not make
the entire parcel exempt from the buffer rules. Also, "activities necessary to
maintain existing and ongoing uses are allowed provided that the site remains
similarly vegetated, no built upon area is added within the riparian buffer
where it did not exist prior to January 1, 2000, and [it meets the stormwater
requirements contained in the buffer rule]."
b. Even assuming that there are some areas where there is a present and ongoing
use, it sounds like the current proposal is to excavate those areas —not
"maintain" present and ongoing use of them.
2. Table of uses
a. For any updated project submissions or applications please explain how the
excavation of upland buffer areas falls within the table of uses 15A NCAC 02B
.0734 (11). Please also explain how the projects meets the criteria set forth in
15A NCAC 02B .0611 regarding authorization certificates.
3. Site plan/quantification of buffer impacts
a. General feedback regarding the site plan is below but for any updated project
submissions or applications, the existing (pre -impact) buffer lines (Zone 1 and
2) need to be shown on the plan along with the specific square footage. In
addition, the proposed impacts must be shown and quantified as well along
with any proposed buffer reestablishment. Please do not use the impervious
surface in these calculations but these can be shown on the plan as a separate
item.

Attachment no. 1 BA More Information Response
B. Buffers —Tract A
1. Avoidance and minimization
a. For purposes of avoidance and minimization, please consider reducing or
eliminating the buffer excavation proposed along the northern shoreline of
Tract A along Battalina Creek for any updated project submissions or
applications. Such a reduction would reduce impacts to the existing buffer itself
and the related dredging in PNA. DWR's understanding is that this area is not
subject to the settlement agreement. Such a reduction would seem to provide
more room to reestablish a buffer and more room for upland development.
2. Side dock
a. For purposes of avoidance and minimization, DWR would have concerns
regarding a sidedock wider than 6' for any updated project submissions or
applications.
b. For the slatted side dock, please provide specifics for the materials used
underneath the side dock for any updated project submissions or applications.
3. Reestablishment of a 50' buffer
a. As discussed, reestablishment of the 50' buffer would be an important
component of minimizing impacts.
4. Perpendicular pedestrian access to side dock
a. As discussed, DWR suggests that you provide —and quantify and depict on the
site plan —perpendicular pedestrian access to the side dock for any updated
project submissions or applications. Please consider the number of accessways
and their width (6') for purposes of avoidance and minimization.
C. Buffers along Sargent Canal
1. As discussed, this surface water is not depicted in the relevant maps and is not
subject to the buffer rules.
II. 401 TOPICS
A. Tract B and C - Wetlands on east side of property
I. The current site plan appears to show a proposed bulkhead and walkway around
Sargent Canal (in the vicinity of "Extension of East Street") that may impact an area
depicted as "wetlands." For any updated project submissions or applications, please
clarify:
a. Have wetlands been delineated on Tract B and Tract C and confirmed by the
USACE?
b. Are there any proposed wetland impacts in these locations? If so, please include
these in any subsequent applications and include at a minimum, details on how
these wetlands will remain connected to surface waters.
c. What is the existing elevation of the high ground?
d. What is the proposed height of the bulkhead and associated backfill in this
location?

Attachment no. 1 BA More Information Response
B. Dredge spoil material sediment sampling
1. DWR has reviewed your dredge spoil/sediment sampling plan and would likely not
have any further comments for any updated project submissions or applications.
C. Primary Nursery Area
1. Portions of the dredging footprint are within waters designated as PNA by DMF.
DWR understands that the current concept is to eliminate dredging that was
proposed to the west of the terminus of Sargent Canal. As discussed above, for any
updated project submissions or applications, please consider a further reduction
along the north facing portion of Tract A along Battalina Creek. However, DWR
cannot forecast what DMF's feedback would be on any updated project submissions
or applications.
B. Dissolved Oxygen standard and flushing
1. DWR's classifications and standards program reviewed the modified proposal and
offers the following feedback for any updated project submissions or applications.
To promote flushing, please consider:
a. tapering the dredging from shallow to deeper waters as already discussed.
b. Consider reducing the over 90' turn at Boat Harbor Canal.
III. SITE PLAN FEEDBACK
1. The attachment contains DWR feedback on information depicted in the most recent
site plan. Please note that DWR may have additional comments if the project
changes or when additional information is received. Please consider this feedback
when submitting any updated project proposals or applications. Below is an
overview of those comments:
a. There are areas where the water depths are not shown.
b. Normal Water Level is not shown.
c. The 30' and 75' Areas of Environmental Concern are not shown along shoreline
of Sargent Canal.
d. Plan shows proposed 6' slatted sidedocks and areas with 8' sidedocks.
e. Need more detail of the proposed bulkhead along Sergeant Canal.
f. The proposed fuel tanks do not list any construction detail including if secondary
containment will be installed.
IV. PROCEDURAL SUMMARY:
A. Buffer Authorization Application:
1. Application status: active application in house but review on hold pending
clarification of the proposed project.
2. Timeline: application received by DWR 7/21/22; DWR add info 11/29/22; no
complete add info response; scoping meeting for modified project 1/10/23.

Attachment no. 1 BA More Information Response
B. 401 Certification Application:
1. Application status: denied.
2. Timeline: application received by DWR 7/21/22; DWR add info 9/15/22, no
complete add info response, application denied 11/17/22; scoping meeting for
modified project 1/10/23.
C. Potential DWR permitting next steps:
1. 401: DWR would need a new 401 application for any updated project. Presumably,
that application would come to DWR via a modification of the applicant's DCM
application.
2. Buffer Authorization: DWR would need an updated buffer authorization application
to reflect any updated project.

Attachment no. 2 BA More Information Response
Strickland, Bev
From:
Scarbraugh, Anthony
Sent:
Monday, February 19, 2018 8:57 AM
To:
[e-mail]
Cc:
Edgerton, Thom; Dunn, Carl; Vinson, Scott; Tankard, Robert; Steve Trowell
Subject:
Toby Tetterton Boat Yard and Marina - 785 East Pantego Street, Belhaven
Mr. Tetterton,
The purpose of this correspondence to confirm the results of an onsite meeting between Scott Vinson and myself of the
Division of Water Resources, Carl Dunn and Thom Edgerton of Division of Energy, Mining, and Land Resources and you
on October 8, 2017. The purpose of the meeting was to review onsite conditions and discuss your site plans and
applicability of the regulations per the respective Divisions. At the conclusion of the meeting, DWR staff determined the
site was highly impacted from commercial traffic and previously existing impervious, therefore the entire previously
filled area (outside of flagged coastal and 404 wetland areas) of the site would be considered "Exempt" from the Tar -
Pamlico Riparian Buffer Rules. If you have any further questions, please feel free to contact me.
Regards,
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources — Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
[e-mail]
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

I� - ".1,61
40
J j
4r
A461
s.
I J's MARINA
Goo firth
fix
hip. ti
__4 Oft

Attachment no. 4 BA More Information Response
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 ("CAMA"). 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

Attachment no. 4 BA More Information Response
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

Attachment no. 4 BA More Information Response
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.

Attachment no. 4 BA More Information Response
8. 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

Attachment no. 4 BA More Information Response
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 LAMA
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.
17. 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

Attachment no. 4 BA More Information Response
4 until said line intersects with the L6 line — all as depicted on the Mayo Plat. 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

Attachment no. 4 BA More Information Response
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

Attachment no. 4 BA More Information Response
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.

Attachment no. 4 BA More Information Response
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

Attachment no. 4 BA More Information Response
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

Attachment no. 4 BA More Information Response
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

Attachment no. 4 BA More Information Response
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 Axson 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

Attachment no. 4 BA More Information Response
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.00-v
Attorneys for Respondent
Respondent Intervenor:
TJ's Land Development, LLC.
By: (SEAL)
Tobin J. Tetterton, Sr.
13

Attachment no. 4 BA More Information Resaonse
Singh — --
A#wncy 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. Depwftacm of Justice
P.O. Boa 629
Raleigh, NC 276M-0629
[phone]
A*mwp for Respondent
Respondent-IetwMer:
TJ's L.snd Dwela n
f
By. —(SEAL)
Tobin J. T gr ��l'�t1n?�
13

Attachment no. 4 BA More Information Response
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

Attachment no. 4 BA More Information Response
Counsel for Respondent Intervenor
Approved as to form andyeontwt:
1
I. Clark Wright
N.C. Bar No. 11163
Davis Hartman Wright LLP
209 Pollock Stect
New Bern, NC 28560
Telephone: [phone] (new -direct line)
Mobile Pions: 252 229-5900 (preferred)
Facsimile: 257-514-9978
&mail: icw(ak1hw1ceal.com
Attoxneys for Respondent ]awmnor
14

Attachment no. 6 BA More Information Response
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
KATHY B. RAWLS
Director
TO: 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

3/16/23, 9:32 AM Gmail - Fwd: TJ's Marina Tier II Notification of Approval
Attachment no. 7 BA More Information Response
man Steve Trowell <[e-mail]>
Fwd: TJ's Marina Tier II Notification of Approval
2 messages
Michele Oros <[e-mail]> Thu, Mar 9, 2023 at 2:28 PM
To: "Tetterton, Toby ([e-mail])" <[e-mail]>, Steve Trowell <[e-mail]>
Mr. Tetterton and Mr. Trowell-
Please don't share with media, etc., as this is not yet public information.
Thanks!
Michele
---------- Forwarded message ---------
From: Pohoresky, Vicky <[e-mail]>
Date: Thu, Mar 9, 2023 at 11:19 AM
Subject: TJ's Marina Tier II Notification of Approval
To: Michele Oros <[e-mail]>
Hi Michele,
Hope you are doing good. I have some good news from Fish and Wildlife Service. They sent informal
notifications yesterday of projects that were approved for funding and Us Marina Tier 11 is on the list. What
this means is the Tier 11 project been approved for funding by Fish and Wildlife Service through their
competitive process. In 2 - 4 weeks we will receive a formal notification with instructions on what is needed
for compliance to make the actual award.
This is not an award letter or letter of obligation. It is an informal notice of approval for funding after all
conditions and compliance is met to issue the actual award and obligate the funds.
Congratulations and have a great day!
Vicky
Vicky Pohoresky
Federal Aid Coordinator
NC Division of Marine Fisheries
252-808-8016
3441 Arendell Street
PO Box 769
Morehead City, NC 28557
> iothinq Compares--L,,,,-
Erwd "wrespor"9tx AQ cod fmra bus mess is sit to C7&
?Vevth P Records Low X► d mn y bf, &cdc ro d&rrd parW
https://mail.google.com/mail/u/0/?ik=bl 80975279&view=pt&search=all&permthid=thread-f:1 759919416625374420&simpl=msg-f:1 7599194166253744... 1 /2

]Attachment no. 9 BA More Information Response
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

Attachment no. 9 BA More Information Response
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]
WARO
� � 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