20181108 Ver 5_CAMA Application_20230427

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
April 27, 2023
MEMORANDUM:
FROM:
SUBJECT:
Applicant:
Project Location
NORTH CAROLINA
Environmental Quality
Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
curt.weycherta-ncdenr.gov
CAMA Major Permit Application Review
T.J.'s Land Development LLC
975 Pantego Street Belhaven, NC 27810
Proposed Project: Proposing a transient marina, upland and open water excavation bulkhead,
docks, upland fill, upland building, fuel and pump out services as well as
gravel parking area.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Weychert at the address above by May 21, 2023. If you have any questions
regarding the proposed project, contact Kelly Spivey [phone] 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
D EQ �� North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 1 943 Washington Square Mall I Washington, North Carolina 27889
Department ofEmvonmeme r� /'� 252.946.6481

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
April 27, 2023
MEMORANDUM:
FROM:
SUBJECT:
Applicant:
Project Location
NORTH CAROLINA
Environmental Quality
Curt Weychert, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Ave., Morehead City, NC 28557
Fax: [phone] (Courier 04-16-33)
curt.weychert(c-)ncdenr.gov
CAMA Major Permit Application Review
T.J.'s Land Development LLC
975 Pantego Street Belhaven, NC 27810
Proposed Project: Proposing a transient marina, upland and open water excavation bulkhead,
docks, upland fill, upland building, fuel and pump out services as well as
gravel parking area.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Curt Weychert at the address above by May 21, 2023. If you have any questions
regarding the proposed project, contact Kelly Spivey [phone] 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
D �^ North Carolina Department of Environmental Quality I Division of Coastal Management
Washington Office 943 Washington Square Mall I Washington, North Carolina 27889
�n o�Enro menW Uia4i, 252,946.6481

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
1. APPLICANT'S NAME: T.J.'s Land Development, LLC — Transient Marina
2. LOCATION OF PROJECT SITE: 975 Pantego Street, Belhaven, Beaufort County, North Carolina
Location - 35' 32' 20" N 760 36' 35.68" W
3. INVESTIGATION TYPE: CAMA/ Dredge and Fill
4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — n/a
Was Applicant Present — n/a
5. PROCESSING PROCEDURE: Application Received —19 April 2023
Office — Washington
6. SITE DESCRIPTION:
(A) Local Land. Use Plan — Beaufort County
Land Classification — Municipal District
(B) AEC(s) Involved:, EW, PTA, CS
(C) Water Dependent: YES
(D) Intended Use: Commercial
(E) Wastewater Treatment: Existing — none
Planned — Belhaven sewer
(F) Type of Structures: Existing —parking/driveways
Planned — open water & upland excavation, bulkhead, docks, 39 slip
marina with fuel and sewage pumpout, building and ship store
(G) Estimated Annual Rate of Erosion: n/a
7. HABITAT DESCRIPTION: [AREA]
RXC'AVATF.D FILLED OTHER
(A) Open Water
±43,300 ft2
±2,148 ft2 shaded(dock
(B) Canal &Creek Bottom
B &
fuel/pumpfuel/pump outpier)
±75,830 ft2
(C) Other
±29,142 ft2
Highground
(D) Total Area Disturbed: f3.5 acres (f150,420 sq. ft.)
(E) Primary Nursery Area: Yes
(F) Water Classification: SC; HQW, NSW Open: no
8. PROJECT SUMMARY: The applicant proposes a transient marina, upland and open water excavation,
bulkhead, docks, upland fill, upland building, fuel and pump out services as well as gravel parking area.

T.J.'s Land Development, LLC
Transient Marina
975 East Pantego Street, Belhaven
Beaufort County
Mr. Steve Trowell on behalf of T.J.'s Land Development, LLC has submitted the attached
modification to a CAMA Major Permit application that was circulated in July 2022 for construction
of a transient marina with 40 slips, upland and open water excavation, bulkhead, docks, upland fill,
bathhouse, laundry, ship store and a gravel parking area. The project site is located at 975 East
Pantego Street adjacent to Boat Harbor Canal, Baker Canal and Battalina Creek in the Town of
Belhaven, Beaufort County, North Carolina. The project setting has not changed from the original
application circulation in July of 2022.
This modification is a result of Division of Water Resources (DWR) denial of the 401 Water
Quality Certification and the subsequent discussions between the applicant and DWR. In addition to
project narrative, modified plat and cross sections please find attached revised DCM MP-2, DCM
MP-4 US Army Corps of Engineers notification of jurisdictional determination.
Battalina Creek, Baker Canal, Boat Harbor Canal and the Sargent Canal are designated as
Primary Nursery Area by the Division of Marine Fisheries and are classified as SC; HQW, NSW by
the Environmental Management Commission.
The applicant proposes to reduce the amount of excavation within Battalina Creek from
33,470 ft2 to a total of 16,896 ftz. The amount of upland excavation has also been reduced from
31,065 ft2 to 29,142 ftz. Boat harbor Canal proposed excavation has been reduced from -6.0' in depth
to -5.0' in depth. The widening of boat harbor canal has also been reduced to a minimum of 60'as
measured from the old boundary line identified on the plat. The previously identified Dock C has
also been eliminated from the original proposal. This will result in the loss of 2 slips. A slatted side
dock is also proposed landward ofNWL along Boat Harbor, Baker and Sargent Canals. The plat also
identifies fuel tank, fuel pump and pump out locations.
Please provide comments to Curt Weychert in the Morehead City Office.
Kelly Spivey — 25 April 2023

March 27, 2023 RECENED
Mr. Kelly Spivey, District Manager MAR 2 7 2023
North Carolina Division of Coastal Management
943 Washington Square Mall ®c M-WARO
Washington, North Carolina 27889
Dear Mr. Spivey:
Enclosed is a modified permit application developed in coordination with the Division of Water
Resource (DWR) staff to address concerns and more information requests raised by DWR to the
Major CAMA/Dredge and Fill permit application submitted on June 28, 2022 on behalf of TJ Land
Development for development of a transient boat harbor to be located at 975 Pantego Street in the
Town of Belhaven on a channelized creek/canal system comprised of Battalina and Baker Creeks
and Boat Harbor Canal. As you are aware, DWR denied the 401 Water Quality Certification on
November 17, 2022. Since the denial TJ Land Development LLC has been engaged in discussions
with DWR staff to develop project design changes to address their concerns and to confirm the
required DWR authorizations related to the Tar -Pamlico Buffer rule. On February 24,2023 we
received guidance from DWR confirming the buffer authorization process as well as the required
401 Water Quality Certification. I have submitted, through Laserfiche more information
concerning the Buffer Authorization. This modified Major CAMA application will serve as a new
401 application.
Enclosed with this narrative cover Ietter is a revised MP-2 and MP-4, the Preliminary Jurisdictional
Determination (PJD) approving the Section 404 wetland delineation on Tracts A, B, and C. Also,
the original Sheet "2" has been modified to show the proposed infiltration drain under the proposed
dock "A" on Tract A. Sheet no. "3" has been modified to include more information requested by
DWR staff for the bulkhead height and relic spoil bank height above the normal water level on the
Sargent Canal. At the request of DWR staff, there are other changes to the plan view drawing
including more water depths, changing the map label "top of bank" to "NWL" and showing the
30' Public Trust and 75' Estuarine Shore Areas of Environmental Concern on the Sargent Canal.
A total of 20 copies of the oversized survey plan view drawing (24" x 36") is enclosed for
circulation to the agencies. If more copies are required, please let me know.
To clarify for DWR this project does not have a wetland fill or excavation component, only
shading. The proposed retaining wall on tract A and Tract C will be constructed along the
upland/wetland interface along tract A and C and will end to the Battalina Creek shoreline where
it will tie into the bulkhead on Tract A and Tract C. The purpose of the retaining wall will be to
level the adjacent uplands, provide an erosion control measure during the proposed land disturbing
activities. The Section 404 wetland shoreline on Tract B will remain undisturbed without any
proposed shoreline stabilization measure or other development feature proposed. Therefore, the
Section 404 wetland that comprises Tract B will maintain a direct connection to the surface waters
of Battalina Creek. The width of "Pier A" has been reduced to 6' over the Section 404 wetlands
on Tract B to reduce and minimize shading of the wetland within Zones 1 and 2 of the Tar -Pamlico
Buffer. Per guidance given by DWR this modified application incorporates a reduction of the
proposed dredged footprint in Battalina Creek and Boat Harbor Canal to reduce associated impacts

Mr. Kelly Spivey
March 27, 2023
Page Two
within the primary nursery area (PNA) and to improve flushing of the canal system. This modified
application also describes the dredge spoil sampling procedure to assess potential contaminants in
Boat Harbor Canal. Also included in this submittal is a copy of the" Settlement Agreement"
between the Petitioner (An adjacent riparian property owner) and the Respondent (NC DCM) and
respondent Intervenor (TJ Land Development LLC) which provides background to the project
design. Items 16-18 describe the agreed upon widening of the canal system (Attachment no. 1).
To reduce the area excavated in Battalina Creek by 50%, and the overall subsurface excavation by
25% the applicant proposes to eliminate the digging between the proposed basin and the Sargent
Canal entrance channel. The original dredge footprint in Battalina Creek was approximately
33,470 ft2. The proposed modification to the dredge footprint is reduced by 16,574 ft2. The
elimination of this excavation work necessitates the removal of the portion of "Dock "C" (120')
within in Battalina Creek that connects to the dock adjacent the Sargent Canal and will result in
the loss of two slips. The previous proposed total slip number was 40. This is being done to
prevent boats from trying to reach the dock by kicking their way to and from the dock. Also, to
demonstrate that the project site was created by excavation and filling activities that occurred
sometime between 1964 and 1970 included with this submittal (Attachment no. 2 and 3) is aerial
imagery from January 1964 and March 1970. Also, utilizing the aerial imagery the shoreline from
1964 (pre -excavation) and 1970 (post excavation) has been plotted on the plan view drawing. The
area impacted by this excavation and filling is evident from the straight, linear shoreline and filled
areas. The 1964 photo documents that the project site and other adjacent developed parcels on
either side of these channelized streams/canals was a large black needle rush marsh. Also, I would
offer that the existing water depths in Battalina Creek are deeper than those that naturally occur in
the upper reaches of Creeks designated as PNAs in this area of the Pungo River. These deeper
water depths in Battalina Creek prevent the establishment of submerged aquatic vegetation mainly
widgeon grass (Ruppia maritima) which has a strong presence in the Creeks off the Pungo River
nearby the project site such as Pungo Creek, Fishing Creek, Slades Creek, Fortesque Creek, Jordan,
Satterwaite and Wrights Creeks. None of the project area in Battalina and Baker Creek nor Boat
Harbor Canal have areas of SAV.
To improve the potential for flushing of Boat Harbor Canal the applicant proposes to reduce the
proposed final depth from minus 6.0' to a maximum depth of minus 5.0' below NWL and only
widen Boat Harbor Canal enough to establish a minimum 60' setback for the new bulkhead off the
"Old Boundary Line" per Item no. 18 of the Settlement Agreement. This modified proposal
decreases the proposed widening of Boat harbor Canal from an average/maximum of 21.5" to a
average/maximum of 16.5'. The project depths in Baker and Battalina Creek will remain at minus
6.0' below the NWL with the intent of gravity assisting with the movement of water out of Boat
Harbor Canal. The widening of Baker Creek remains unchanged from the original project design
to comply with the Settlement Agreement no. 16, which requires a 100' distance between the
existing bulkhead on TJ's Marina and Boatyard and TJ's Boat Harbor and Transient Marina. The
proposed widening of the entrance to Boat Harbor Canal remains unchanged from the original
design and will be widened 40' to facilitate the movement of water from Boat Harbor Canal into

Mr. Kelly Spivey
March 27, 2023
Page Three
Baker Creek as well as improve navigation between the two canals and comply with the Settlement
Agreement.
The applicant has contracted with Terracon Consultants, Inc. to take 5 bottom sediment samples
in the Boat Harbor Canal to evaluate the potential presence of contaminants in the bottom
sediments. Sediment will be collected in the upper 3' of bottom sediment. The samples will be
analyzed for metal using EPA Method 6010, Mercury using EPA Method 7470A, PCBs using
EPA Method 8082 Low Level and PAHs using EPA Method 8270C. DWR has approved this
sampling methodology.
Also included in this modified application package is information related to the proposed fuel tanks
(Attachment no. 4). The fuel tanks have been designed by General Industries located in Goldsboro,
North Carolina. The tanks will be doubled walled and constructed out of steel to industry
standards. The primary internal tank is encased in a specialty concrete to provide thermal
protection. The tank will have an internal leak detection between the primary and secondary
containment tank. Industry standards do not require additional containment external to the
primary and secondary tank design shown in Attachment 4. The tanks will be above ground
supported by a concrete pad poured over piling caps. The tank will be bolted and strapped to the
concrete foundation. The engineering of the concrete foundation has not been completed. A
standard bollard system will protect the tanks from vehicular strikes. The tanks and related
components will be inspected monthly per the Spill Prevention, Control and Countermeasure Plan
to be developed and implemented onsite prior to beginning fueling operations.
Thank you for your time spent reviewing and processing this modified/amended Major
CAMA/Dredge and Fill permit application. Please do not hesitate to contact me by email or cell:
[e-mail] or [phone].
Steve Trowell "
Agent for T7 Land Development LLC
MAR 2 7 2023'
DCM-WAFT

Form DCM MP-2
EXCAVATION and FILL
(Except for bridges and culverts)
RECEIVED
MAR 2 7 2023
DCM-WARD
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.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Battalina, Baker
and Boat Harbor,
Channel
(NLW or
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
Breakwater
(excluding
shoreline
below NWL
NWL
Sargent below NWL
Upland Excavation
stabilization
Length
1,350,
420'
295, 290', 4
O',420'
Width varies
20, to 100'
12'
55 ay., 2 1. 5
ay., 16.5'av
10'
Avg. Existing
NA
NA
Depth
-3.5'
-2.0'
+21, +21, +2'
+4'
Final Project
NA
NA
Depth
-6.0'
-6.0'
6.0',-6.0',-5.
',-6.0'
9. EXCAVATION ❑This section not applicable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
Clay loam
5,419 cubic yards, calculated using survey data
C. (i) Does the area to be excavated include coastal wetlandstmarsh
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands ^)? If any boxes are checked, provide the
number of square feet affected.
❑CW ❑SAV ❑SB
❑WL VNone
(ii) Describe the purpose of the excavation in these areas:
d. High -ground excavation in cubic yards.
10,587cubic yards, calculated using survey data
2. DISPOSAL OF EXCAVATED MATERIAL ❑ This section not applicable
a. Location of disposal area. b. Dimensions of disposal area.
27159 U5 264 East
240' x 680'
c. (i) Do you claim title to disposal area? d. (i) W�! I a disposal area be available for future maintenance?
V'es ❑No DNA ®Yes ❑No DNA
(ii) If no, attach a letter granting permission from the owner. (ii) If yes, where?
e. (i) Does the disposal area include any coastal wetlands/marsh
(M), 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 ❑SB
OWL ®None
(ii) Describe the purpose of disposal in these areas:
€. (i) Does the disposal include any area in the water?
❑Yes ®No DNA
(ii) If yes, how much water area is affected?
stainranagenient.net revised: 9 2126JO6

Form DCM N5P.2 (Excavatiaai and FiR, Page 2 ow 2
3. SHORELINE STABILIZATION El This section not applicable
(if development is a wood groin, use MP-4 — Structures)
a.
Type of shoreline stabilization:
b.
Length: 1,592'
Bulkhead ❑Riprap ❑BreakwaterlSill ❑Other:
Width: 1'
C.
Average distance waterward of NHW or NWL:
d.
Maximum distance waterward of NHW or NWL:
0
12'
e.
Type of stabilization materiai:
f.
(i) Has there been shoreline erosion during preceding 12
months?
Vinyl Sheets
❑,/
Yes No �NA
❑Lv
(ii) If yes, state amount of erosion and source of erosion amount
information.
N/A
g.
Number of square feet of fill to be placed below water level.
h.
Type of fill material.
Bulkhead backfill 900 ft2 Riprap
Sandy clay
RECEIVED
BreakwaterlSill Other
i.
Source of fill material.
MAR 2 7 2023
Local permitted borrow pit
4.
OTHER FILL ACTIVITIES
VThis section not applicable
(Excluding Shoreline Stabilization)
a.
(i) Will fill material be brought to the site? ❑Yes ❑No ❑NA
b.
(i) Wili fill material be placed in coastal wetlandsimarsh (CW),
If yes,
submerged aquatic vegetation (SAV), shell bottom (SB), or
other wetlands (WL)? If any boxes are checked, provide the
(ii) Amount of material to 6e laced in the water
O p
number of square feet affected.
(hi) Dimensions of fill area
❑CW ❑SAV ❑SB
(iv) Purpose of fill
OWL ❑None
(ii) Describe the purpose of the fill in these areas:
5. GENERAL
a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline,
controlled? backhoe, or hydraulic dredge)?
Upland excavation to be undertaken as much as possible in the "dry". Long reach excavator, dump truck, equipment
I I'se bulkhead will be constructed before the extgvArion activilles began. arge and bulldozer,
Spoil material will be sloped, graded and seed with appropriate seasonal mix.
G. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ❑NA
(ii) If yes, explain what type and how they will be implemented.
Already permitted and installed.
d. (i) Will wellqnds be crossed in transporting equipment to project
site? es ❑No ❑NA
(5) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
The shortest practical route for upland to upland crossing will be chosen.
t to travel on.
Trucks will not be loaded fully to reduce overall weight. Mats will be removed
upon U0111pletinn of work -
June 18, 2022 W1, �1�i ,2 ,At: TJ I -and Development ,Toby Tetterton, Agent Steve Trowell
Date Applican /
�j
TJ's Transient Marina
Project Name Applicant Signature
752.-80$-280B :: i-BBB-4RCOAST :: wig1w.rscr-oastaltin revised: 12126f06

RECEIVED
Form DCM MP-4
� 2 72023
STRUCTURES
(Construction within Public Trust Areas) DMARO
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. (i) Will the facility be open to the general public?
®Commercial ❑PubliclGovernment ❑PrivatelCommunity ®Yes ❑No
c. (i) Dock(s) and/or pier(s) d. (i) Are Finger Piers included? ❑Yes ®No
(ii) Number 3- Docks, 1 - Pier If yes:
(iii) Length Dock "A" 885% Dock "B" 168, Dock "C" 420% Pier "A" 70' (ii) Number
(iv) Width Dock "A" 6% Dock"B" 8', Dock "C" 6% Pier "A" 6" (iii) Length
(v) Floating ❑Yes ®No (iv) Width
(v) Floating ❑Yes ❑No
e. (i) Are Platforms included? ®Yes [:]No
If yes:
(€i) Number 1
(iii) Length 24'
(iv) Width 16'
(v) Floating ❑Yes ®No
Note: Roofed areas are calculated from dripline dimensions.
g. (i) Number of slips proposed
38
(ii) Number of slips existing
Boat harbor Canal is currently used to moor commercial vessels.
Baiter Creek 1 as been used over the years as well. As many as 5
vessels at any time.
i. Check the proposed type of siting:
Land cut and access channel
❑Open water; dredging for basin and/or channel
❑Open water; no dredging required
❑Other; please describe:
k. Typical boat length: 35'
m. (i) Will the facility have tie pilings?
❑Yes ®No
(ii) If yes number of tie pilings?
f. (i) Are Boatli€ts included? ❑Yes ®No
If yes:
(ii) Number
(iii) Length
(iv) Width
h. Check all the types of services to be provided.
❑ Full service, including travel lift andlor rail, repair or
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:
j. Describe the typical boats to be served (e.g., open runabout,
charter boats, sail boats, mixed types).
Transient mixed sailboats and power boats 26' and greater
I. (i) Will the facility be open to the general public?
®Yes ❑No
252-808-2808 :: 1-888-4RCOASi _: vdwtiar.raCooastairaroasa_it erraent.net rL-vi°;od.

Form DCM MP-4 (Structures, Page 2 of 4)
MAR 2 7 2023
2. DOCKING FACILITY/MARINA OPERATIONS DCM_WA ❑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: TBD; Location: Bathrooms, showers and laundry located in the 40' x 240'
40' x 240 building marina building.
® Showers
® Boatholding tank pumpout; Give type and location: Fixed standpipe on Pier "A" connected to Town of Belhaven Sewer.
b. Describe treatment type and disposal location for all sanitary wastewater,
Town Sewer.
c. Describe the disposal of solid waste, fish offal and trash.
Trash service provided by the Town of Belhaven.
d. How will overboard discharge of sewage from boats be controlled?
There will be an marina operation policy banning boats from discharging sewage and those that
violate the policy will e expelled. ignage will e placed at the entrance to each dock.
e. (i) Give the location and number of "No Sewage Discharge" signs proposed.
At the entrance points to each dock.
(ii) Give the location and number of "Pumpout Available" signs proposed.
"No Sewage Discharge" and "Pumpout Available" combined on each of 5 different sign locations.
f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products.
There will be no maintenance activities that will generate industrial type pollutants. The shipstore will
sell only biodegradable soap tor washing vessels.
g. Where will residue from vessel maintenance be disposed of?
NIA
h. Give the number of channel markers and "No Wake" signs proposed. NIA
i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality.
Fuel handling facilities are located and limited to Pier "A" and portion of Dock "C". Proposed fuel tank will be abo%
and co n
project What a€Tli6ethe marina policy on overnight and live -aboard dockage?
Overnight dockage will be allowed but no live -aboard.
k. Describe design measures that promote boat basin Bushing?
The existing canal system will be widened with the most significant width expansion at the entrance.
e design is a con inous surface water expansion maintaining a water depth no eeper an the depth
in the existing marked channel leading to this canal system.
If this project is an expansion of an existing marina, what types of services are currently provided?
Site has served a$ QQmmercial fishing staging area and harbor of refuge for mooring f
commercial fishing vessels.
?52-BCsi3-2808 :: l-�388-41kCt; t i }^, vr:_ciccoastais�an ement_net vised: 1212liD&

Forr k DCW2 IMP-4 (Structures, Page 3 of 4) RECEIVED
m, is the marina/docking facility proposed within a primary or secondary nursery area? MAR 9 7 2023
®Yes ONO
n. Is the marinaldocking facility proposed within or adjacent to any shellfish harvesting area? DG M-8 V ARO
❑Yes ®No
o. Is the marina/docking facility proposed within or adjacent to coastal wetlandsimarsh (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 ❑5AV ❑SB
OWL NIA ❑None
p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ONO
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. (i) Is the boathouse structure(s):
❑Commercial ❑PubliclGovemment ❑PrivatelCommunity
(ii) Number
(iii) Length
(iv) Width
Note: Roofed areas are calculated from dripline dimensions.
4. GROIN (e.g., wood, sheetpile, etc. If a rock groin, use MP-Z Excavation and Fill.) ®This section not applicable
a. (i) Number
(ii) Length
(iii) Width
15. BREAKWATER (e.g., wood, sheetpile, etc.) ®This section not applicable I
a. Length
c. Maximum distance beyond NHW, NWL or wetlands
b. Average distance from NHW, NWL, or wetlands
16. MOORING PILINGS and BUOYS ®This section not applicable
a. Is the structure(s):
[]Commercial ❑PubliclGovernment ❑PrivatelCommunity
c. Distance to be placed beyond shoreline
Note: This should be measured from marsh edge, if present.
e. Arc of the swing
b. Number
d. Description of buoy (color, inscription, size, anchor, etc.)
.-2808 ✓wvv.ncco.3stalmana enz nt.►set revised:92127106

Fornn raCM. IMP-4 (Structii -%�T- Page 4 of 4)
7. GENERA L
a. Proximity of structure(s) to adjacent riparian property lines
48' Sargent Canal, 80' Boat Harbor Canal
Note: For buoy or mooring piling, use arc of swing including length
of vessel.
C. Width of water body
80' to 175'
e. (i) Will navigational aids be required as a result of the project?
❑Yes ❑No ®NA
(ii) If yes, explain what type and how they will be implemented.
Already authorized
b. Proximity of structure(s) to adjacent docking facilities.
82' Sargent Canal, 80' Boat Harbor Canal, 100' Baker Creek
d. Water depth at waterward end of structure at NLW or NWL
6'
8. OTHER
[]This section not applicable
a. Give complete description:
An 8' x 114' boardwalk over 404 wetlands(8' x 78') and uplands (8' x 36") from Tract "A" to access
dock on I rac .
June 18, 2022
Date
TJ's Transient Marina
Project Name
TJ Land Development LLC, Toby Tetterton, Agent Steve Trowel]
Applican e
Applicant Signature
MAR 2 7 2023
DCM— YARD
252-808-2808 :: : www.nccoastairnar;,. e raent,not revised: •12/27106

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2022-00416 County: Beaufort U.S.G.S. Quad: Belhaven
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant: TXS Land Development, LLC RIECEIVED
CIO Toby Tetterton
Address: Post Office Box 125 MAR 2Z�Z�
Pantego, North Carolina 27860
Telephone Number: 252-944-5555
Size (acres) 2.52-acres Nearest Town Belhaven DCM"AR0
Nearest Waterway Battalina Creek River Basin Tar -Pamlico
USGS HUC 03020104 Coordinates Latitude: 35.538970 N
Longitude:-76.609767 W
Location description; Property is an approximate 2.52-acre tract located off Pantego Street, adjacent to Battalina Creek and
the Pungo River, in the Town of Belhaven, in Beaufort County, North Carolina. NC PIN: 7615-09-9675. Deed Book 2067.
Page 710. This determination confirms WA -I through WA-6 and WB-1 through WB-1 1.
Indicate Which of the Following pply:
A. Preliminary Determination
X There are waters of the U.S., including wetlands, on the above described property that maybe subject to Section 404 of
the Clean Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RNA) (33 USC § 403),
The waters have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate and
reliable. Therefore this preliminary jurisdiction determination may be used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements,
and other resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and
wetlands that would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the
U.S. This preliminary determination is not an appealable action under the Regulatory Program Administrative Appeal
Process (Reference 33 CFR Part 331). However, you may request an approved JD, which is an appealable action, by
contacting the Corps district for further instruction.
_ There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act
(CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be
used in the permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an
effective presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is
not sufficiently accurate and reliable to support an enforceable permit decision. We recommend that you have the
waters of the U.S. on your property delineated. As the Corps may not be able to accomplish this wetland delineation in a
timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
There are Navigable Waters of the United States within the above described property subject to the permit requirements of
Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403) and Section 404 of the Clean Water Act (CWA)(33 USC
§ 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a period
not to exceed five years from the date of this notification.
There are waters of the U.S., including wetlands, on the above described property subject to the permit requirements of
Section 404 of the Clean Water Act (CWA) (33 USC § 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to
accomplish this wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that
can be verified by the Corps.
Page 1 of 5

SAW-2022-00416 TXS Land Development, LLC
_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. If you wish to have the delineation surveyed, the Corps can review and verify the survey upon
completion. Once verified, this survey will provide an accurate depiction of all areas subject to CWA and/or RHA
jurisdiction on your property which, provided there is no change in the law or our published regulations, may be relied
upon for a period not to exceed five years.
The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat
signed by the Corps Regulatory Official identified below on Date. Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
There are no waters of the U.S., to include wetlands, present on the above described property which are subject to the
permit requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
X The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Washington, NC at 252-946-6481 to determine
their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit
may constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material,
construction or placement of structures, or work within navigable waters of the United States without a Department of the
Army permit may constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If
you have any questions regarding this determination and/or the Corps regulatory program, please contact Raleigh W. Bland.
SPWS at 910 251-4564 or Ralei h.w.bland(i usace.arm .mil.
C. Basis For Determination: The identified waters and wetlands on this site meets the jurisdictional criteria as
described in the 1987 Corps Wetland Delineation Manual and the Atlantic and Gulf Coastal Plain Regional
Supplement. The jurisdictional waters are a part of a broad continium of waters and wetlands connected to
Battalina Creek and the Pungo River.
D. Remarks: A Department of the Army permit is required to work within any jurisdictional waters or
wetlands on the property.
E. Attention USDA Program Participants
This delineation/determination has been conducted to identify the limits of Corps' Clean Water Act jurisdiction for the
particular site identified in this request. The delineation/determination may not be valid for the wetland conservation
provisions of the Food Security Act of 1985. If you or your tenant are USDA Program participants, or anticipate participation
in USDA programs, you should request a certified wetland determination from the local office of the Natural Resources
Conservation Service, prior to starting work.
F. Appeals information (This information applies only to approved jurisdictional determinations as indicated in
B. above)
This correspondence constitutes an approved jurisdictional determination for the above described site. If you object to this
determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed you will find a
Notification of Appeal Process (NAP) fact sheet and request for appeal (RFA) form. If you request appeal app`:
determination you must submit a completed RFA form to the following address: g� VEf V
US Army Corps of Engineers
South Atlantic Division
60 Forsyth Street S W, Room 10M 15
Atlanta, Georgia 30303-8801
MAR 2 7 2023
DCM- ARO
In order for an RFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for
appeal under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP.
Should you decide to submit an RFA form, it must be received at the above address by NA for PJD.
**It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.**
Page 2 of 5

SAW-2022-00416 TXS Land Development. LLC
NOTIFICATION OF ADMINISTRATIVE APPEAL OPTIONS AND PROCESS AND
REQUEST FOR APPEAL
Applicant: T.I'S Land Development, LLC File Number: SAW 2022-00416
June 22, 2022
Attached
is:
See Section below
❑
INITIAL PROFFERED PERMIT Standard Permit or Letter of ermission
A
❑
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
❑
PERMIT DENIAL
C
nj
APPROVED JURISDICTIONAL DETERMINATION
D
01
PRELIMINARY JURISDICTIONAL DETERMINATION
E
SECTION I - The following identifies your rights and options regarding an administrative appeal of the above decision.
Additional information may be found at htty://www.usace.almy.mil/Missions/CivilWorks/Re ug latoiyProgramandPermits.aspx or
Corps regulations at 33 CFR Part 331.
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request
that the permit be modified accordingly. You must complete Section 11 of this form and return the form to the district
engineer. Your objections must be received by the district engineer within 60 days of the date of this notice, or you will
forfeit your right to appeal the permit in the future. Upon receipt of your letter, the district engineer will evaluate your
objections and may: (a) modify the permit to address all of your concerns, (b) modify the permit to address some of your
objections, or (c) not modify the permit having detennined that the permit should be issued as previously written. After
evaluating your objections, the district engineer will send you a proffered permit for your reconsideration, as indicated in
Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your
signature on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all
rights to appeal the permit, including its terms and conditions, and approved jurisdictional determinations associated with the
permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein,
you may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section lI of
this fonn and sending the form to the division engineer. This form must be received by the division engineer within 60 days
of the date of this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative Appeal Process by
completing Section li of this form and sending the form to the division engineer. This form must be received by the division
engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or provide new
infonnation.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the
date of this notice, means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers
Administrative Appeal Process by completing Section I1 of this form and sending the form to the district engineer. This form
must be received by the division engineer within 60 days of the date of this notice. RECEIVE
MAR 2 7 2023
Page 4 of 5
DCM-WARD

SAW-2022-00416 TJ'S Land Development, LLC
Corps Regulatory Official: S P W
Date: June 22, 2022 Expiration Date: No Expiration for PJD
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http-//corpsmapu.usace.army.mil/em a ex/f'?=136:4:0.
Copy Furnished: CESAW/RG-W/Bland
RF CEI\JED
f��AR 2 7 Z023
L C ° AR
Page 3 of 5

SAW-2022-00416 TXS Land Develonment. LLC
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps regarding the
preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved JD (which may be appealed),
by contacting the Corps district for further instruction. Also you may provide new information for further consideration by the
Corps to reevaluate the JD.
SECTION II - REQUEST FOR APPEAL or OBJECTIONS TO AN INITIAL PROFFERED PERMIT
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your objections to an initial
proffered permit in clear concise statements. You may attach additional information to this form to clarify where your reasons or
objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps memorandum for the
record of the appeal conference or meeting, and any supplemental information that the review officer has determined is needed to
clarify the administrative record. Neither the appellant nor the Corps may add new information or analyses to the record.
However, you may provide additional information to clarify the location of information that is already in the administrative
record.
POINT OF CONTACT FOR QUESTIONS OR INFORMATION:
If you have questions regarding this decision and/or the
If you only have questions regarding the appeal process you may
appeal process you may contact:
also contact:
District Engineer, Wilmington Regulatory Division,
Mr. Philip A, Shannin, Administrative Appeal Review Officer
Attn: Raleigh W. Bland, SPWS
CESAD-PDS-O
2407 West 511 Street
U.S. Army Corps of Engineers, South Atlantic Division
Washington, North Carolina 27889
60 Forsyth Street Southwest, Floor M9
910-252-4558
Atlanta, Georgia 30303-8803
Phone: [phone]
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of to i s ation, and i ave the opportunity to participate in all site investi ations.
Date:
TWephoRe number:
Signature
of appellant or agent.
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Raleigh W. Bland, SPWS, 2407 West 5`h Street
Washington, North Carolina 27889
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Administrative Appeal Officer,
CESAD-PDO, 60 Forsyth Street, Room 1OM15, Atlanta, Georgia 30303-8801
Phone: [phone]
RECEIVED
MAR 2 7 2023
Page 5 of 5

N
TJ Land Development LLC Section 404 Wetland Map WA and WB l
Town Belhaven 975 Pantego Street i
Beaufort County Quad Name: Belhaven
RECEIVED
MAR 2 7 2023

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FIREGUARD a features:
• Insulates product in tank from ambient temperature
variations, reducing emissions to the environment
• Primary and secondary tank can be tightness tested on site
with standard testing procedures, unlike other designs
• Steel outer wall provides low cost maintenance and
protection from weathering
• Primary storage tank and secondary containment
compatible with a wide range of fuels and chemicals,
including biodiesel and ethanol
• Support designs available for all seismic requirements
• Interstitial space can be monitored for leak detection
• Meets temperature requirements when the furnace test
was extended to 4 hours
r i� F I ' iY
FIREGUARD ®The only tank that
meets all of these standards: MAR 2 7 2023
• UL 2085 Listed "Protected" tank
• Ballistics and Impact protection per UL 2085
• Both the inner and outer steel tanks are built to
UL standards
• National Fire Protection Association (NFPA) 30 & 30A
• International Fire Code (IFC)
• California Air Resources Board (CARB) Standing Loss
Control testing requirements for air emissions
• Steel Tank Institute (STI) Standard F941 for Protected
Aboveground Storage Tanks
Additional features:
• Capacities range up to 75,000 gallons
• Steel construction allows for recycling
• Low cost compartments and customization
• Built to nationally -recognized STI standards with
strict third -party quality control inspection program
DMR
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Available Designs:
• Horizontal • Vertical • Rectangular

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FIREGUARW
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SPECIFICATIONS
Gallons
188
Outer Tank Dimensions (inches)"
Diameter Length Approx.
Weight(lbs.)
48 54 1,750
Gallons
4,000
Outer Tank Dimensions (inches)`
Diameter Length Approx.
Weight(lbs.)
90 174 12,300
250
48
68
2,100
5,000
102
168
13,750
300
50
72
2,350
6,000
102
198
15,500
500
60
76
3,100
$ 000
102
258
20,000
560
60
84
3,35D
10,000
102
330
24,500
1,000
70
78
3,800
12,000
102
390
28,000
1,500
70
114
5,500
15,000
126
312
34,500
2,000
70
150
6,500
20,000
126
414
39,500
2.500
70
186
7,900
25,000
126
516
49,000
31000
70
222
9,000
30,000
126
618
74,000
Gallons
186
Length
44
Outer Tank Dimensions (inches)*
Width Height
44 55
Approx. Weight (lbs.)
2,100
250
250
117
78
36
50
36
36
3,100
2,800
500
140
51
36
4,600
750
140
72
35
6,100
1,000
1,000
127
88
72
72
36
50
4,300
3,800
1,500
124
88
43
5,400
2,000
2,000
140
140
86
72
50
60
6,300
6,100
2,500
140
88
60
7,000
3,000
3,000
250
117
72
102
50
72
10,900
8,80D
4,000
4,000
331
154
72
102
50
72
14,100
10,900
5,OOD
5,000
336
191
72
102
60
72
15,600
13,100
6,000
6,000
402
228
72
102
60
72
18,400
15,200
8,000
8,000
370
302
102
102
60
72
21,500
19,400
10,000
10,000
460
376
102
102
60
72
26,300
23,700
12,000
451
102
72
27,900
15,000
386
102
102
36.500
18,000
462
102
102
42,900
24,700
465
137
102
_
51.650
'Dimensions and weights are sample sizes. Individual manufacturers may have alternate dimensions.
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I• Secondary containment is testable on -site using standard,
economical testing procedures
• Impermeable, crack resistant steel outer tank which encloses
the concrete encased primary tank
• Steel secondary containment provides added strength,
security and is easily recycled
s V V"%0 Ix F, t C, I.:, I's4^.7F hA
The secondary containment on certain designs may require
elaborate and expensive procedures to be tested on -site
Exposed concrete outer wall is susceptible to cracking, spalling
and weathering - problems that are expensive to correct and
are typically not covered by warranty
• Polyethylene sheeting depends on concrete for strength
and takes years to decompose
The lightweight monolithic thermal insulation material • An average 12,000 gallon concrete -encased tank weighs
Fireguard' uses is a specialized concrete that is part of a approximately 100,000 pounds - increasing costs in
patented process resulting in a lighter material weight than transporting and setting the tank in a new location
concrete alone
Both the primary and secondary tanks are fitted with • Primary tank is fitted with an emergency vent, but the
emergency vents that will open in an emergency at a secondary encasement is designed to fail in an emergency
minimum pressure of 2.5 psi
Fireguard' is available from an extensive group of Steel Tank Institute fabricators who participate in the STI Quality Ass ran� 1s
Under the program, independent quality control inspectors make unannounced visits to STI members, ensuring fabricad&r tdth `h N '4t-p�gsible standards.
�1
STI 6� SPFA
MAR 2 7 2023
A division of STIISPFA 944 Donata Court Lake Zurich, IL 60047 Ph: [phone] Fx: (847)4 87 b W1b�"�vww.steeltank.com
3118-1 NI -Item #130-50.0001