127-22 Gupta Tonnesen

Permit Class Permit Number
NEW 127-22
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
for
X Major Development in an Area of Environmental Concern
pursuant to NCGS 113A-118

X Excavation and/or filling pursuant to NCGS 113-229

Issued to Sumit Gupta and David & Cynthia Tonnesen, 1314 S. Croatan Hwy #301, Kill Devil Hills, NC 27948
Authorizing development in Dare County at adj. to Currituck Sound, at 104 and 108 Mill
Point Rd., in Martins Point , as requested in the permittee’s application dated 7/26/22 (MP-
1,2) and 6/16/22 (MP-4), including attached workplan drawings (3), Sheets 1-3 of 3 all dated “rev 7/26/22”.
This permit, issued on November 21, 2022 , 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.

This permit action may be appealed by the permittee or other
qualified persons within twenty (20) days of the issuing date.

This permit must 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 must cease when the permit expires on

November 21, 2027

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 DEQ and the Chair
of the Coastal Resources Commission.

Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Excavation

1) In order to protect juvenile shrimp and finfish populations, no excavation or filling shall be permitted
between April 1 and September 30 of any year without the prior approval of the Division of Coastal
Management, in consultation with appropriate resource agencies.

2) No excavation shall take place outside of the area indicated on the workplan drawings.

3) Excavation shall not exceed -4.5 feet below the normal water level. In no case shall the depth of
excavation exceed the depth of connecting waters.

(See attached sheets for Additional Conditions)

Samit Gupta and David & Cynthia Tonnesen Permit No. 127-22
Page 2 of 4

ADDITIONAL CONDITIONS

4) The temporary placement or double handling of excavated or fill materials within waters or vegetated
wetlands is not authorized.

5) No excavated or fill material shall be placed at any time in any vegetated wetlands/marsh or surrounding
waters outside of the alignment of the fill area indicated on the workplan drawing(s).

6) All mechanized equipment will be regularly inspected and maintained to prevent contamination of waters
and wetlands from fuels, lubricants, hydraulic fluids, or other toxic materials. In the event of a spill of
petroleum products or any other hazardous waste, the permittee shall immediately report it to the National
Response Center at [phone] and provisions of the North Carolina Oil Pollution and Hazardous
Substances Control Act will be followed.

7) During all authorized excavation events, the permittee shall implement all available precautions to
ensure that damage to SAV beds outside the authorized template does not occur. Should dredging
outside the authorized template be proposed in the future, the permittee is further advised that the Rules
of the Coastal Resources Commission prohibit new dredging within SAV beds.

Dredge Material Disposal

8) No dredge material shall be placed within 30 feet of the normal water line.

9) All excavated materials shall be confined above normal high water and landward of regularly or
irregularly flooded marsh behind adequate dikes or other retaining structures to prevent spillover of
solids into any marsh or surrounding waters. The barriers shall be maintained and functional until the
site is graded and stabilized.

10) The dredge material disposal area shall be inspected and approved by a representative of the Division of
Coastal Management prior to the commencement of any dredging activities.

Maintenance Clause

11) The Division of Coastal Management shall be notified in writing at least two (2) weeks in advance of
any maintenance excavation work authorized by this permit, and such notification shall include:
A. The number of the original permit.
B. A statement that no dimensional changes are proposed.
C. A copy of the original permit plans with cross-hatching indicating the area to be maintained, the
area to be used for dredge material disposal, and the estimated amount of material to be removed.
The location, design and holding capacity of the dredge material disposal site shall be approved
by a representative of the Division prior to the initiation of any maintenance dredging activities.
D. The date of map revision and the permittee’s signature shown anew on the original plan.

Samit Gupta and David & Cynthia Tonnesen Permit No. 127-22
Page 3 of 4

ADDITIONAL CONDITIONS

Docking Facility Expansion

12) 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 docking facility without permit
modification. No non-water dependent uses of structures shall be conducted on, in or over Public Trust
waters without permit modification.

13) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
docking facility. Any sewage discharged at the docking facility 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.

14) 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 minimum, permanent
reflectors shall be attached to the structure in order to make it more visible during hours of darkness or
inclement weather.

15) This permit authorizes three (3) additional formalized boat slips for a maximum of four (4) formalized
boat slips at this docking facility.

16) The authorized covered platform shall not be enclosed. Any material used on the sides shall not obstruct
view and shall be permeable to air and water.

17) The roof of the covered platform shall not be designed for second story use.

18) 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.

19) The authorized structure and associated activity shall not cause an unacceptable interference with
navigation and shall not exceed the dimensions shown on the attached permit drawings.

Groin Repair

20) This permit authorizes only the repair of the existing non-conforming groins within the previously
existing footprint. No portion of the replaced non-conforming groins shall be located outside of the
previously existing groin footprint.

21) The non-conforming structure shall not be enlarged beyond the existing dimensions.

22) The sheetpile groins shall be constructed of treated wood, plastic lumber, metal or vinyl sheet piles or
other suitable materials approved by Department personnel.

NOTE: This sheetpile groin repair were permitted under the rule of 15A NCAC 07J .0211 for Non-
Conforming Development.

Samit Gupta and David & Cynthia Tonnesen Permit No. 127-22
Page 4 of 4

ADDITIONAL CONDITIONS

Sedimentation and Erosion Control

23) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.

24) Appropriate sedimentation and erosion control devices, measures or structures shall be implemented to
ensure that eroded materials do not enter adjacent wetlands, watercourses or properties.

General

25) If a court of competent jurisdiction determines that a party other than the permittees have legal title to any
part of the area approved for development under this permit, this permit shall be null and void as to the
area the court determines is not owned by the permittee. This condition shall take effect on the date such
court judgment becomes final. In such event, the permittee shall consult DCM prior to initiating or
continuing any further development under this permit.

26) This permit shall not be assigned, transferred, sold, or otherwise disposed of to a third party without the
written approval of the Division of Coastal Management.

27) All construction debris associated with the removal or construction of the permitted development shall
be contained within the authorized project area and disposed of in an approved upland location.

28) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.

NOTE: This permit does not eliminate the need to obtain any additional state, federal or local permits,
approvals or authorizations that may be required.

NOTE: The U.S. Army Corps of Engineers authorized the project by way of Programmatic General
Permit 198000291 (Action ID SAW-2022-0285).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification No. 005358 and assigned the project DWR Project No. 2002-0817
v2.
NOTE: Future development of the permittee’s property may require a modification of this permit.
Contact a representative of the Division at [phone] prior to the commencement of any
such activity for this determination. The permittee is further advised that many non-water
dependent activities are not authorized within 30 feet of the normal water level.

NOTE: An application processing fee of $400 was received by DCM for this project. This fee also
satisfied the Section 401 application processing fee requirements of the Division of Water
Resources.