20140275 Ver 3_Approval Letter_20150608

NCDENR
North Carolina Department of Environment and
Pat McCrory
Governor
June 8, 2015
TJ's Land Development, LLC
Attn: Mr. Tobin Tetterton
PO Box 125
Pantego, NC 27860
NOT A CAMA PERMIT
Natural Resources
Donald R. van der Vaar[
Secretary
DWR # 14 -0275 Ver. 3
Beaufort County
Subject: Approval of 401 Water Quality Certification with Additional Conditions
Approval of Tar - Pamlico River Riparian Buffer Impacts with Additional Conditions
TJ's Land Development, LLC - Marina and Infrastructure
Dear Mr. Tetterton:
You have our approval for the impacts listed below for the purpose described in your application dated May
21, 2015 and received by the Division of Water Resources (Division) on May 26, 2015. These impacts are
covered by the attached Water Quality General Certification Number 3900, Tar - Pamlico River Riparian
Buffer Rules, and the conditions listed below. This certification is associated with the use of CAMA Major
Permit and General Permit(s) 198000291 issued by the US Army Corps of Engineers (USACE). This
Certification allows you to use the CAMA Major Permit when the Division of Coastal Management issues
it. Please note that you should get any other federal, state or local permits before proceeding with your
project, including those required by (but not limited to) Sediment and Erosion Control, Non - Discharge, and
Water Supply Watershed regulations.
This approval requires you to follow the conditions listed in the enclosed certification(s) or general permit
and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02B .0506(b)(c)]
Type of Impact
Amount Approved
(units)
Permanent
Amount
Reduced (units)
Temporary
Plan location/
Reference Attached
404 Wetland
W -1 (Access Pier)
0.05 (acres)
0 (acres)
CAMA Permit Figure
Coastal Wetlands
W -2 (Access Pier)
0.04 (acres)
Open Water
OW -1 (Access Pier)
0.03 (acres)
0 (acres)
CAMA Permit Figure
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -64811 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov
An Equal opportunity 1 Affirmative Action Employer — Made in part by recycled paper

TYs Land Development, LLC
Attn: Mr. Tobin Tetterton
DWR # 14 -0275 Ver. 3
401 AND BUFFER APPROVAL
Page 5 of 6
http: / /Portal.ncdenr.org/ web /wq /swp /ws/ 401 /certsandpermits /apply /forms). [15A NCAC
02H .0506(b)(5)]
17. This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5]
These Certifications can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at http: / /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in
the OAH during normal office hours (Monday through Friday between B:OOam and S:OOpm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
If sending via delivery service (UPS, FedEx,
etc.):
Office of Administrative Hearings
Office of Administrative Hearings
6714 Mail Service Center
1711 New Hope Church Road
Raleigh, NC 27699 -6714
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam H. Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under section 401 of the Clean Water. Please contact
Anthony Scarbraugh at 252- 948 -3924 or anthonv.scarbrauah(@ ncdenr.eov if you have any questions or
concerns.
Sincerely,
Robert Tankard, Assista/Regio nal Supervisor
Water Quality Regional ns Secti on
Division of Water Resources, NCDENR

TJ's Land Development, LLC
Attn: Mr. Tobin Tetterton
DWR # 14 -0275 Ver. 3
401 AND BUFFER APPROVAL
Page 6 of 6
Enclosures: GC 3900
Certification of Completion
cc: Daniel Govoni, DCM Morehead City
Steve Trowell, DCM WaRO
Raleigh Bland, USACE Washington Regulatory Field Office (via email)
Pat McClain, DEMLR WaRO (via email)
Laserfiche
File

TYs Land Development, LLC
Attn: Mr. Tobin Tetterton
DWR # 14 -0275 Ver. 3
401 AND BUFFER APPROVAL
Page 2 of 6
OW -2 (Docking Facility)
0.19 (acres)
0 (acres)
CAMA Permit Figure
Buffers -Zone 1
B -1 (Access Pier)
240 (square feet)
0 (square feet)
CAMA Permit Figure
Buffers -Zone 2
B -2 (Access Pier)
160 (square feet)
0 (square feet)
2. This approval is for the purpose and design described in your application. The plans and
specifications for this project are incorporated by reference as part of the Certification. If you
change your project, you must notify the Division and you may be required to submit a new
application package with the appropriate fee. If the property is sold, the new owner must be
given a copy of this approval letter and General Certification and is responsible for complying
with all conditions. [15A NCAC 02B .0507(d)(2))
3. Water Quality Certification
The proposed project must comply with all the conditions of the General Water Quality
Certification(s) 3900. [15A NCAC 02B .0507(c)]
Continuing Compliance
4. Pump- outs /Sewage Disposal
No sewage shall be allowed to be discharged at any time from boats using the marina.
Appropriate signage should be posted prohibiting sewage discharge and providing
appropriate waste disposal information. [15A NCAC 02H .0506 (b)(3)]
5. Fueling Facilities
Fueling, lubrication and general equipment maintenance should not take place within 50
feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H
.0506 (b)(3) and (c)(3) and 15A NCAC 0213 .0200 (3)(f)]
6. All mechanized equipment operated near surface waters or wetlands will be regularly
inspected and maintained to prevent contamination of waters and wetlands from fuels,
lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a
hydrocarbon or chemical spill, the permitee /contractor shall immediately contact the
Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional
Office at 252.946.6481 and after hours and on weekends call (800) 858 -0368.
Management of such spills shall comply with provisions of the North Carolina Oil Pollution
and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC
02B .0200 (3)(f), and GS 143 Article 21A]
7. Turbidity Standard

TJ's Land Development, LLC
Attn: Mr. Tobin Tetterton
DWR # 14 -0275 Ver. 3
401 AND BUFFER APPROVAL
Page 3 of 6
The Permittee shall adhere specially to 15A NCAC 02B .0220 Tidal Salt Water Quality for
Class SC Waters (3)(g) pH: shall be normal for waters in the area, which generally shall
range between 6.8 and 8.5 except that swamp waters may have a pH as low as 4.3 if it is
the result of natural conditions; (1) Turbidity: the turbidity in the receiving water shall not
exceed 25 NTU; if turbidity exceeds this level due to natural background conditions, the
existing turbidity level shall not be increased. [15A NCAC 02B .0220]
8. Spllls
The permittee shall report to the local DWR Regional Office, within 24 hours, all significant
spills as defined under Section 311 of the Clean Water Act (Ref; 40 CFR 110.10 and CFR
117.21) or section of CERCLA (Ref: 40 CFR 302.4). Additionally, the permittee shall report
spills including: any oil spills of 25 gallons or more and any spill regardless of amount that
causes sheen on surface waters.
9. Number of Slips /Dock Space
Use of dock space other than the approved 66 slips is prohibited. Handrails or other
devices, including signage, should be used to discourage use of any dock pace other than
the 66 designated dockage slips as shown in the approved plan. [15A NCAC 07H .12051
Other Conditions
10. Re Opener Clause
TJ's Land Development, LLC and their authorized agents shall conduct their activities in a
manner consistent with State water quality standards (including any requirements resulting
from compliance with section 303(d) of the Clean Water Act) and any other appropriate
requirements of State law and federal law. TJ's Land Development, LLC shall require their
contractors (and /or agents) to comply with all of the terms of this Certification, and shall
provide each of their contractors (and /or agents) a copy of this Certification. A copy of this
Certification shall be included in the construction contract and available on the job site at
all times. If DWR determines that such standards or laws are not being met (including the
failure to sustain a designated or achieved use) or that State or federal law is being
violated, or that further conditions are necessary to assure compliance, DWR may
reevaluate and modify this certification to include conditions appropriate to assure
compliance with such standards and requirements in accordance with 15A NCAC
2H.0507(d). Before modifying the certification, DWR shall notify the TJ's Land
Development, LLC and the US Army Corps of Engineers, provide public notice in accordance
with 15A NCAC 21-1.0503 and provide opportunity for public hearing in accordance with 15A
NCAC 21-1.0504. Any new or revised conditions shall be provided to DWR in writing, shall be
provided to the United States Army Corps of Engineers for reference in any permit issued
pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the
404 Permit for the project.

TJ's Land Development, LLC
Attn: Mr. Tobin Tetterton
DWR # 14 -0275 Ver. 3
401 AND BUFFER APPROVAL
Page 4 of 6
11. Any marina project that proposes a pumpout with a storage tank are classified as a Non -
Pumpers and will need to obtain a "Non- Pumper" permit from the Division of Waste
Management, Solid Waste Section and provide a copy to this Office prior to the
construction of the facility. [G.S. 130A- 291.1(el)]
12. Fueling at Marina Projects
Any marina project that proposes to dispense or store fuel shall provide an EPA approved
Spill Prevention Control and Countermeasure (SPCC) plan to this Office before the fueling
facilities are constructed. [15A NCAC 02H .0506(b)(3)]
13. State Stormwater Management Plan (SMP) and General Permit No.NCG190000 Approved
by Division Stormwater Program Required
You are required to provide one copy of the state stormwater management plan (SMP) and
National Pollutant Discharge Elimination System General Permit No. 190000 (NCG190000)
approval letters from the Division of Energy, Mining and Land Resources (DEMLR) to the
DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699 -1617)
before any impacts authorized in this certification occur. The project must be constructed
and maintained in compliance with the approved SMP and NCG190000. After the approval
letter is submitted to the Division, the SMP and NCG190000 may not be modified without
prior written authorization from DEMLR. If the SMP and NCG190000 are modified in the
future, then you shall provide an approval letter for the. modifications to the DWR 401 &
Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H
.0506(b)(5)]
14. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained to flow in
a diffuse manner at a non - erosive velocities through the entire protected stream buffers
without re- concentrating. If this is not possible it may be necessary to provide stormwater
facilities that are considered to remove nitrogen and phosphorus. Additionally, a
stormwater management plan for this project shall provided to this Office before any
impacts approved herein are conducted. The plan shall specify all stormwater discharge
points, plan details, and calculations to indicate that diffuse flow through the protected
buffers or nitrogen and phosphorus removal as described above will be achieved.
15. Upon completion of all work approved within the 401 Water Quality Certification or
applicable Buffer Rules, any subsequent modifications, the applicant is required to return
the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of
Water Resources, 1617 Mail Service Center, Raleigh, NC 27699 -1650. [15A NCAC 02H
.0507 (c)]
16. The applicant and /or authorized agent shall provide a completed Certificate of Completion
form to the Division within thirty (30) days of project completion (available at

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Permit Class
NF,W
2015,1
STATE OF NORTH CAROLINA
Department of Environment and Natural Resources
and
Coastal Resources Commission
for
Permit Number
79-15
X Major Development in an Area of Environmental Concern
pursuant to NCGS I I3A-118
Excavation and/or filling pursuant to NCGS 113-229
Issued to TJ's Land Development, LLC., PO Box 125, Panten. NC 27860
Authorizing development in Beaufort County at adi. Pungo Creek, off SR 1718,
Yeatesville Road near Belhaven , as requested in the permittee's application dated 5/5/15, including the
attached drawing (1), dated revised 2/10/14
This permit, issued on August 4, 2015 , is subject to compliance with the application (where consistent
with the permit), all applicable regulations, special conditions and notes set forth below. Any violation of these terms may
be subject to fines, imprisonment or civil action; or may cause the permit to be null and void.
Marina
1) Prior to the occupancy of any new slips authorized under this permit, a marine pumpout sewage
disposal facility shall be installed in an easily accessible location, and a representative of the Division
of Coastal Management shall meet on-site with the permittee to ensure that the required pumpout
facility is in place and operable. The pumpout facility shall be operable and maintained for the life of
the marina. . ' I _
2) The marina shall display a sign showing the location of the, on-site pumpout facility, including other
appropriate waste disposal information, at the entrance and exit from each 'of the main piers.
(See attached sheets for Additional Conditions)
I ms permit action may be appealed by the permittee or
other qualified persons within twenty (20) days of the issuing
date.
This permit shall be accessible on-site to Department
personnel when the project is inspected for compliance.
Any maintenance work or project modification not covered
hereunder requires further Division approval.
All work shall cease when the permit expires on
December 31, 2018
In issuing this permit, the State of North Carolina agrees
that your project is consistent with the North Carolina Coastal
Management Program.
Signed by the authority of the Secretary of DENR and the
Chairman of tbp Coastal Resources.Commission.
YA
,•�--OYt--Braxton C. Davis, Director
—'division of Coastal Management,
This permit and its conditions are hereby accepted.
Signature of Permittee

TJ's Land Development, LLC.
Permit # 79-15
Page 2 of 4
ADDITIONAL CONDITIONS
3) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
marina. Any sewage discharge at the marina shall be considered a violation of this permit for which the
permittee is responsible. This prohibition shall be applied and enforced throughout the entire existence
of the permitted structure.
4) The permittee shall provide a Spill Prevention Control and Countermeasure plan to the Division of Water
Resources before fueling facilities are constructed and shall supply a copy of the plan to the Division of
Coastal Management.
5) Unless specifically altered herein, this permit -authorizes-only the docks, piers, and other structures and
uses located in or over the water that are expressly and specifically set forth in the permit application.
No other structure, whether floating or stationary, shall become a permanent part of this marina facility
without permit modification. No non -water dependent uses of structures may be conducted on, in or
over public trust waters without permit modification.
6) All portions of the access pier/walkway located over Coastal Wetlands shall not exceed a width of 6 ft.
and shall be elevated a minimum of 3 feet above the marsh substrate as measured from the bottom of the
decking.,
7) No attempt shall be made by the permittee to prevent the full and free use by the public of all navigable.
waters at or adjacent to the authorized work.
8) The permittee shall maintain the authorized work in, good condition and in conformance with the terms
and conditions of this permit. The permittee is not relieved of this requirement if he abandons the
permitted activity without having it transferred to a third party.
9) This permit does not authorize the interference with any existing or proposed Federal project, and the
permittee shall not be entitled to compensation for damage to the authorized structure or work, or injury
that may be caused from existing or future operations undertaken by the -United States in the public
interest.
10) The permittee shall install and maintain at his expense any signal lights or signals prescribed by the U.S.
Coast Guard, through regulation or otherwise, on the authorized facilities. At a minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.
11) This permit authorizes a maximum of 66 docking spaces. At no time shall more than 66 vessels be
moored or docked at the marina facility.
Easement
12) The permittee may be required to apply for a submerged land lease from the Department of
Administration's State Property Office. Contact the Department of Administration's State Property
Office directly at [phone] for this determination. Should it be determined that an Easement is
required, the permittee shall supply a copy of the easement to the Division within 30 days of issuance of
the Easement.

TJ's Land Development, LLC.
ADDITIONAL CONDITIONS
Upland Development
Permit # 79-05
Page 3 of 4
13) Unless specifically altered herein, this permit authorizes the grading and other land disturbing activities
associated with the development of the above referenced property, including the campsites, bathroom
facilities, laundry mat, store, reception venue, pond modification with associated bullhead, and required
access infrastructure, all as expressly and specifically set forth in the attached permit application and
workplan drawings. Any additional land disturbing activities and/or construction may require a
modification of this permit. Contact a Division of Coastal Management representative at (252) 946-
6481 for this determination.
Sedimentation and Erosion Control
14) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses and property (e.g. silt fence,
diversion swales or berms, etc.).
General
15) The permittee understands and agrees that, if future operations by the United States requires the
removal, relocation, or other alteration of the structure or work authorized by this permit, or if in the
opinion of the Secretary of the Army or his authorized representative, said structure or work shall cause
unreasonable obstruction to free navigation of the navigable waters, the permittee shall be required,
upon due notice from the Corps of Engineers, to remove, relocate or alter the structural work or
obstructions caused thereby, without expense to the United States or the state of North Carolina. No
claim shall be made against the United States or the state of North Carolina on account of any such
removal or alteration.
16) No Coastal Wetlands shall be excavated or filled, even temporarily.
17) The permittee and/or his contractor shall meet with a representative of the Division prior to project
initiation in order to discuss the conditions set forth in this permit.
18) No open water areas shall be excavated or filled, even temporarily.
19) This permit does not eliminate the need to obtain any additional state, federal or local permits, approvals
or authorizations that may be required, including any authorization required from the NC DEMLR
Stormwater Section. ,

TJ's Land Development, LLC.
ADDITIONAL CONDITIONS
Permit # 79-05
Page 4 of 4
NOTE: Future development of the permittee's property may require a modification of this permit.
Contact a representative of the Division of Coastal Management at [phone] prior to the
commencement of any such activity for this determination. The permittee is further advised that,
in accordance with the rules of the Environmental Management Commission, many non -water
dependent activities are not authorized within 50 feet of the normal water level or landward edge
of any coastal wetlands, whichever is more restrictive. Contact the Division of Water Resources
at [phone] for project specific clarification.
NOTE: The N.C. Division of Water Resources has authorized the proposed project under General Water
Quality Certification No. 3900 (DWR Project No. 14-0275 V2), which was issued on 7/8/15.
NOTE: The U.S. Army Corps of Engineers authorized the proposed project under COE Action Id. No.
SAW- 201501116.