20181108 Ver 4_ Buffer_Certificate_Approval_20230816 (2)

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
TJ's Land Development, LLC,
Attn: Mr. Tobin Tetterton
Post Office Box 125
Pantego, North Carolina 27860
Via email, [e-mail]
NORTH CAROLINA
Environmental Quality
August 16, 2023
DWR # 20181108 VA
Beaufort County
Subject: APPROVAL of TAR-PAMLICO RIPARIAN BUFFER AUTHORIZATION CERTIFICATE
Project: TJ's Transient Marina Expansion, 975 Pantego Street, Belhaven, Beaufort County, NC
Dear Mr. Tetterton:
You have our approval for the impacts listed below for the purpose described in your application received
by the Division of Water Resources (Division) on September 30, 2022, with subsequent plans most recently
submitted and received on or about June 21, 2023. These impacts are covered by this TAR-PAMLICO
RIPARIAN BUFFER AUTHORIZATION CERTIFICATE which includes the conditions listed below. This Buffer
Authorization does not relieve the permittee of the responsibility to obtain all other required Federal,
State, or Local approvals before proceeding with the project, including those required by, but not limited
to, 401 Water Quality Certification, Division of Coastal Management (DCM) Permit, Sediment and Erosion
Control, Non -Discharge, Water Supply Watershed, and/or Stormwater regulations.
The following impacts are hereby approved, provided that all of the Conditions listed below, and all of the
conditions of the TAR-PAMLICO Buffer Rules are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02B .0611(b)(2); 15A NCAC 02B .0734]
Buffer Impacts from excavation along Boat Habor Canal and Baker's Creek from marina expansion,
including aspects of the Settlement Agreement between William Axson Smith, DCM, and TJ's Land
Development LLC.
Type of Buffer Impact
Amount Approved (square feet)
Amount Approved
Permanent
(sq. ft.)
Temporary
Zone 1 (excavation)
2,143 square feet (net loss)
26,232 square feet
Zone 2 (excavation)
3,624 square feet (net loss)
13,929 square feet
Zone 1 (existing driveway
63 square feet
n/a
realignment)
North Carolina Department of Environmental Quality Division of Water Resources
Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
NORTHCARCUNA JPI/ 252-946-6481

Zone 2 (existing driveway 238 (square feet) n/a
realignment)
Buffers being reestablished and planted along Boat Habor Canal and Baker's Creek according to the
Buffer Restoration Plan received on or about June 21, 2023.
Type of Impact
Amount of Approved for Reestablishment
Amount Approved
(square feet)
(sq. ft.)
Temporary
Buffers — Zone 1
26,232 square feet
n/a
(reestablished and planted)
Buffers — Zone 2
13,929 square feet
n/a
(reestablished and planted)
This approval is for the purpose and design described in your application and the additional information
received, which includes the buffer restoration and planting plan. The plans and specifications for this
project are incorporated by reference as part of this Authorization Certificate. If you change your project,
you must notify the Division and you maybe required to submit anew application package. Ifthe property
is sold, the new owner must be given a copy of this Authorization Certificate and is responsible for
complying with all conditions. [15A NCAC 02B .0611(b)(2)].
If you are unable to comply with any of the conditions of this certificate, you must notify the Washington
Regional Office within 24 hours (or the next business day if a weekend or holiday) from the time the
permittee becomes aware of the circumstances. The permittee shall report to the Washington Regional
Office any noncompliance with the conditions of this Authorization Certificate and/or any violation of
state regulated riparian buffer rules [15A NCAC 02B .0734]. Information shall be provided orally within 24
hours (or the next business day if a weekend or holiday) from the time the applicant became aware of the
circumstances.
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] Upon the
presentation of proper credentials, the Division may inspect the property.
This Authorization Certificate can be contested as provided in Chapter 150B of the North Carolina General
Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of
Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set
forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina
Administrative Code. Additional information regarding requirements for filing a Petition and Petition
forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Authorization Certificate in accordance with North Carolina General Statutes 150B-23(a).
North Carolina Department of Environmental Quality Division of Water Resources
D � Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
NORTH CARCLINA 252-946-6481
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This Authorization Certificate neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Authorization Certificate does not authorize any
person to interfere with the riparian rights, littoral rights, or water use rights of any other person, nor
does it create any prescriptive right or any right of priority regarding any usage of water. This
Authorization Certificate shall not be interposed as a defense in any action respecting the determination
of riparian or littoral rights or other rights to water use. No consumptive user is deemed by virtue of this
Authorization Certificate to possess any prescriptive or other right of priority with respect to any other
consumptive user regardless of the quantity of the withdrawal or the date on which the withdrawal was
initiated or expanded.
This Authorization shall expire five (5) years from the date of this letter.
This letter completes the Division's review under the Tar -Pamlico Riparian Buffer Rules as described in
15A NCAC 02B .0611 and .0734. Please contact Shelton Sullivan at 919-707-3636 or
[e-mail] or myself if you have any questions or concerns.
Sincerely,
VM—a "
David May, L.G., Supervisor
Water Quality Regional Operation Section
Division of Water Resources
Washington Regional Office
cc: Steve Trowell (via e-mail)
Raleigh Bland, USACE Washington Field Office (via e-mail)
Gregg Bodnar, DCM Morehead City (via e-mail)
Kelly Spivey, DCM WaRO (via e-mail)
Maria Dunn, NC WRC — WaRO (via e-mail)
Jimmy Harrison, NC DMF — WaRO (via e-mail)
DWR Files/Laserfiche 20181108 V4
North Carolina Department of Environmental Quality Division of Water Resources
D � Washington Regional Office - 943 Washington Square Mall - Washington, North Carolina, 27889
NORrHCARouNA 252-946-6481
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