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HomeMy WebLinkAbout20020817 Ver 2_CAMA Application_20220921DIVISION OF COASTAL MANAGEMENT FIELD INVESTIGATION REPORT 1 APPLICANT'S NAME: Sumit Gupta David & Cynthia Tonnesen 2. LOCATION OF PROJECT SITE: 104 & 108 Mill Point Road, Lot 30 in Section 2 and Lot 1 in Section 5 within Martin's Point Subdivision, Dare County, adjacent to a man-made basin & the Currituck Sound. Latitude: 36.126350°N Longitude:-75.750075°W 3. INVESTIGATION TYPE: CAMA/Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Dates of Site Visit — 7/20/2022 Was Applicant Present - No 5. PROCESSING PROCEDURE: Application Received Complete — 8/26/2022 Office — Elizabeth City 6. SITE DESCRIPTION: (A) Local Land Use Plan — Dare County Land Classification from LUP - Residential (B) AEC(s) Involved: Public Trust Area (PTA) & Estuarine Waters (EW) (C) Water Dependent: Yes (D) Intended Use: Private Residential (E) Wastewater Treatment: Existing — Low Pressure Pipe (LLP) & Septic Planned — N/A (F) Type of Structures: Existing — Single family residence with pool (2), bulkhead, rip rap revetment, jetty (2), man-made basin, and a boat house (Lot 30). Planned — Pier, lower platform, covered platform, boat lift, & jet ski platforms (2). Repairs made to existing jetties (2). (G) Estimated Annual Rate of Erosion: N/A Source — N/A 7. Shaded Dredged Filled A) Shallow Bottom PTA & EW AEC's 868 ft2 23,050 ft2 B) High ground Areas & Non -AEC 13,800 ft2 (C) Total Area Disturbed: ± 37,126 ft2 (± 0.85 acres) *Some disturbance areas overlap (see drawings) (D) Primary Nursery Area: No (E) Water Classification: SC Open to Shellfish Taking: No 8. PROJECT SUMMARY: The applicants propose the construction of a pier, lower platform, roofed platform, boat lift, and two floating jet ski platforms. They are also proposing the repair of two existing wooden jetties and maintenance dredging within the existing basin, entrance channel, & boat house resulting in ± 1,550 yds3 of spoil being removed. Field Investigation Report Page 3 Project Setting The majority of the proposed development is located at 108 Mill Point Road (Gupta property), Lot 1 within Section 5 of the Martin's Point subdivision. However, the adjacent property of 104 Mill Point Road (Tonnesen property), Lot 30 within Section 2 contains the location of the proposed dredge spoil site. Both properties are located within the Martin's Point Subdivision, Dare County. The properties are located on the northwestern tip of a peninsula that stretches between the Currituck Sound and Jean Guite Creek. Directly adjacent to the two properties is a man-made basin that opens to the Currituck Sound and is ± 175 ft in width and ± 330 ft in length. The property of Sumit Gupta is platted at ± 47,500 ft2 (±1.09 acres) and contains ± 390 ft of shoreline. The adjacent property, owned by the co -applicants David & Cynthia Tonnesen, is platted at± 74,000 ft2 (± 1.69 acres) and contains ± 615 ft of shoreline. Elevation averages ± 5 ft above Normal Water Level (NWL) in the high ground areas. Man-made features within the properties include multi -level, single family residences with attached garages, decks of varying sizes, pools with concrete surrounds, and cemented/gravel driveways. The Tonnesen's house is currently under construction (CAMA Minor #2022-04). The properties are primarily vegetated with landscaped shrubs and domestic lawn grasses. The applicant (Sumit Gupta) is in the process of purchasing the property at 108 Mill Point Road from current owners John & Caroline Baughman. The Baughmans were issued CAMA GP #66032A in 2014 for maintenance dredging within the basin & channel, CAMA Minor #2015-13 in 2015 for the construction of the current home, pool, driveway, and decks, and CAMA GP #66032A in 2016 for the construction of a boat house and lift in an existing basin. The existing man-made basin was originally a fully enclosed pond that was opened to the Currituck Sound for boat access in the late 1980's. A major permit was issued to previous owner David Watson (MP#29-90) for the jetties, bulkhead, and other shoreline stabilization measures in and around the man-made pond and access channel. The Tonnesens purchased the property at 104 Mill Point Road in 2019 and were recently issued CAMA Minor Permit #2022-04 in 2022 for the construction of a single-family dwelling, pool, concrete driveway and attached garage. Other permitting history for this parcel includes GPs #12721A in 2000 to Larry Putz, and #50573A in 2008 and #53273A reissued in 2009 to Martin Miller. Ali were for various lengths of bulkheading. Neither property has been determined to hold any archeological significance. The shorelines of both properties are hardened and contain man-made features including wood & vinyl bulkheads, two wooden jetties (64 ft & 85 ft in length), and a rip rap revetment (175'x25'). Other features include a 25'x15' boat house on 108 Mill Point Road. There is a section on the northern side of the Tonnsen's property that has an area of designated 404 Wetlands containing Phragmites sp. and three -square rush (Scirpus sp.). The wetlands were delineated by Atlantic Environmental Consultants, LLC on June 13, 2022, and are estimated to be 1,675 ft2 in size. The wetlands are located outside of the project area, so no official determination was made by the US Army Corp of Engineers (USACE). The shorelines of adjacent properties are hardened with bulkhead and rip rap revetments. Adjacent properties are also developed including single-family residences with associated structures and a docking facility to the south. The waters of the Currituck Sound are joint waters, classified as SC, and are closed to shellfish taking. It is ± 3 miles across the Currituck Sound to the opposite shoreline (Powells Point, NC). The bottom substrate is sandy and water depths within the man-made basin range from ±0.5 ft to ±4.2 ft below NWL. The location is not classified as a Primary or Secondary Field Investigation Report Page 3 Nursery Area by the Division of Marine Fisheries. A submerged aquatic vegetation survey (SAV) survey was conducted within the man-made basin and entrance channel by Atlantic Environmental Consultants, LLC. The presence of SAV was documented in the entrance as three sparsely vegetated areas and within the basin in dense patches at depths of 2 ft or greater. The majority of the SAV species are Eelgrass and Eurasian Milfoil. Development Proposal The applicants are proposing to mechanically dredge a portion of the man-made basin, entrance channel, and existing boat house for the purpose of maintaining boating egress, ingress, and navigation within the basin. The proposed dredge area includes the basin entrance channel between the two existing jetties and follows the basin's eastern shoreline, stopping at the Tonnesen's property line to the south. The proposed dredge area is slightly irregular in shape and is estimated to be 380'x60' with a connecting depth in the Currituck Sound of 4.5' below NWL. The proposed dredge area also includes an existing boat house for an additional 25'x10' of water bottom. There is a documented presence of SAV in the dredge area, and the area does have a permitted history of prior dredging. The spoils will be placed in the southeast portion of the Tonnesen's property in a 92'x150' (13,800 ft2 capacity) area temporarily set aside for that purpose. The total amount of spoils to be excavated is estimated at ± 1,550 yd3. Once dried the spoils will be used on the Tonnesen's property as fill material. In addition to the dredging, applicant Sumit Gupta is proposing the construction of a docking facility consisting of a 30'x6' pier, 16'x6' lower platform, 16'x16' roofed platform (dripline dimensions), 12'x16' boat lift, and two 12'x6' jet ski platforms to be placed on the southern portion of the property and within the man-made basin. There will be a total of four designated slips including the three being proposed and the existing boat house. Following the proposed dredging, water depths within the proposed location will range from ± 1.5 ft to ± 4.5 ft below NWL. The proposed docking facility is similar to others in the area and does extend beyond the 1/4 width of the man-made basin. The docking facility will not encroach within either of the 15' riparian access setbacks and is ± 1,050 ft away from the nearest adjacent docking facility to the south. Lastly, the property owners are proposing the repair of two existing wooden jetties at the entrance to the basin and in the Currituck Sound. The existing jetties are 64'xl' and 85'x1' and the repairs will include the replacement of damaged sheeting, broken walers, and pilings as needed. The footprint of the existing jetties will not be expanded, and the current location will not change. Anticipated Impacts • The dredging of the basin, entrance channel, and boat house will result in ± 23,050 ft2 of shallow water bottom disturbance. • The dredging of the basin will result in the removal of ± 1,550 yd3 of sandy material within the Public Trust Area and Estuarine Water AEC. • The associated spoil disposal area will result in 13,800 ft2 of high ground disturbance located at 104 Mill Point Road (Tonnesen's property). Field Investigation Report Page 3 • The proposed pier, platforms, and docking facility structures will shade 868 ft2 of Estuarine Waters & Public Trust Area AEC. • The proposed development including the docking facility, dredging, and jetty repair will result in a total area disturbed of ± 37,126 ft2 or ± 0.85 acres (Some disturbance areas overlap). • The proposed dredging will result in temporary water turbidity. Submitted by: Sarah Loeffler Date: September 14, 2022 RECEIVED PROJECT NARRATIVE CAMA Major Permit Joint Application G upta!Ton nesen Parcels: 029307030 & 027757501 June 16, 2022, Revised 07/26/22 LOCATION OF PROJECT: A U G 2 2022 The subject properties are located at 104 & 108 Mill Point Road in the Martins Point subdivision, Dare County, North Carolina adjacent to a manmade basin and the Currituck Sound. EXISTING PROJECT DESCRIPTION: The existing basin was originally a pond that was opened up to the Currituck Sound and created for a boat access in 1980's. The vertical wood groins and rock breakwater were constructed to protect the shoreline and entrance from erosion. The basin and entrance were most recently dredged in 2014 under General Permit GPA64894 to dredge up to 1,000 cubic yards. The property located at 108 Mill Point Road is a developed property currently owned by John and Caroline Baughman and is under contract to purchase by Sumit Gupta. The existing improvements on the property include a house, pool, boat house, rock breakwater, vinyl bulkhead, and 2 vertical wood groins at the entrance of the manmade basin. The property located at 104 Mill Point Road is being developed with a single family residence that was permitted through a CAMA Minor Development Permit 2022-04. Existing improvements prior to the construction of the house include a wood bulkhead along the Currituck Sound and basin. PROJECT DETAILS: The proposed work associated with this CAMA Major permit application includes the maintenance dredging (1,550 cu.yds.) of the basin and entrance to a depth of -4.5 feet, construction a 30' pier with a 16'x16' gazebo, a 6'x16' lower level kayak platform, one large boat lift and two small floating jet ski lifts. In addition, the applicants would like to repair the existing wood groins at the entrance to the basin. The wood groin repairs will include replacing damaged sheathing, broken whalers and pilings as needed. The Tenneson's are not proposing any structures at this time and are only involved for a dredge spoil location. The dredge spoil location is shown on sheet 1 in the attached site plans. SUBMERGED AQUATIC VEGETATION (SAV) ANALYSIS: Atlantic Environmental Consultants (AEC) evaluated the project area for the presence of submerged aquatic vegetation (SAV) within the entire basin and entrance. The existing manmade basin entrance where significant shoaling has occurred has three small sparsely vegetated SAV areas consisting of Eelgrass and Eurasion Milfoil. The remaining dredge area in the basin at a depth of 2 feet or greater has dense SAV growth consisting of Eelgrass and Eurasion Milfoil. The following are sampling procedures and results: AUG 2 207a • 29 one meter sample points were taken (see Table 1.). • SAV sampling work took place on June 1, 2022 at 10 am. • Water depths range from 0.5" to 4.2' (see site plan for more details). Section 404 Wetlands: The Section 404 wetland line has been delineated by Doug Dorman of Atlantic Environmental Consultants, LLC and have not been verified by the US Army Corps of Engineers. The wetland line is shown on the attached drawings and will not be impacted or shaded as part the project, therefore we did not feel a Jurisdictional Determination from the US Army Corps of Engineers was needed at this time. Existing Site Areas: Tonnesen Lot 30 80,930 sf Gupta Lot 1 48,268sf Existing Impervious Areas in 75' AEC: Lot 30 75' AEC area 39,408 sf Lot 30 Impervious Area 8,428 sf Lot 30 Percent Impervious Area in 75' AEC: 8,428/39,408 = 21.4% Lot 1 75' AEC area 27,664 sf Lot 1 Impervious Area 7,125 sf Lot 1 Percent Impervious Area in 75' AEC: 7,126/27,664 = 25.8% Proposed Structures in Basin: Pier (6'x30') 180 sf Kayak platform (6'x16').. 96 sf Gazebo (16'x16') 256 sf Large boat lift (12'(16') ., 192 sf Floating jet ski lifts(2- 6'x12') 144 sf Total = 868 sf • The project proponent hereby certifies that all information contained herein is true, accurate, and complete to the best of my knowledge and belief. • The project proponent hereby requests that the certifying authority review and take action on this CWA 401 certification request within the applicable reasonable period of time. DCM MP-1 APPLIATION for Malor oevelopment Permit (last revised 12/27106) RECEIVED AUG 2 2U2Z M-EC North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Project Name (if applicable) Gupta-Tonnesen Applicant 1: First Name Sumit MI Last Name Gupta Applicant 2: First Name David & Cynthia MI Last Name Tonnesen If additional applicants, please attach an additional page(s) with names listed. Mailing Address Tonnesen - 5121 N Va Dare Trail Gupta - 1314 S Croatan Hwy #301 PO Box City Kitty Hawk Kill Devil Hills State NC ZIP 27949 27948 Country Phone No. 703 - 732 — 0877 (Tonnesen) 252-207-8997 (Gupta) ext. FAX No. Street Address (if different from above) 104 & 108 Mill Point Road City Martins Point State NC ZIP 27949- Email dave@swimkids.us, sgupta@icrsaga.com 2. Agent/Contractor Information Business Marne Atlantic Environmental Consultants, LIc Agent/ Contractor 1: First Name Doug MI A Last Name Dorman Agent) Contractor 2: First Name MI Last Name Mailing Address PO Box P.O. Box 3266 City Kitty Hawk State NC ZIP 27949 Phone No. 1 252 - 599 - 2603 ext. Phone No. 2 - - ext. FAX No. Contractor # Street Address (if different from above) City State ZIP Email dougdaec@gmail.com 252-808-2808 :: 1-888-4RCOAST www.nccoastalmanage.ment.net Form DCM MP-1 (Page 3 of 5) :I APPLICATION for Major Development Permit AN 2 zoia 3. Project Location C County (can be multiple) Dare Street Address 104 & 108 Mill Point Road State Rd. # Subdivision Name Martins Point City Martins Point State NC Zip 27949 - Phone No. — - - ext. Lot No.(s) (if many, attach additionl page with list) Lot 30, Lot 1, a. In which NC river basin is the project located? ,cO -14K - b. Name of body of water nearest to proposed project Man made basin connectet to the Currituck Sound c. Is the water body identified in (b) above, natural or manmade? d. Name the closest major water body to the proposed project site. Currituck Sound ►,mot Natural ®Manmade U Unknown e. Is proposed work within city limits or planning jurisdiction? ®Yes ❑ No f. If applicable, list the planning jurisdiction or city limit the proposed work falls within. Dare County 4. Site Description a. Total length of shoreline on the tract (ft.) 1,316 linear feet b. Size of entire tract (sq.ft.) 129,198 sf c. Size of individual lot(s) 80,930, 48,268, (If many lot sizes, please attach addition& page with a list) d. Approximate elevation of tract above NHW (normal high water) or NWL (normal water level) 5' avg. EINHW or NWL e. Vegetation on tract Live Oak, Loblolly Pine, Wax Myrtle, Red Bay, Phragmites, Three Square Rush. f. Man-made features and uses now on tract - Vinyl and wood bulkheads. - Tonnessen House under construction on lot 30 - House and pool on lot 1 - Boat house on lot 1 - Rock rip -rap 25' x 175' - 2 wood groins 65' & 85' g. Identify and describe the existing land uses adjacent to the proposed project site. The existing land use adjacent to the property are residential h. How does local government zone the tract? MP-1 - Single Family Residential Zoning District i. Is the proposed project consistent with the applicable zoning? (Attach zoning compliance certificate, if applicable) ■Yes ❑No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? ■Yes No k. Has a professional archaeological assessment been done for the tract? If yes, by whom? If yes, attach a copy. ❑Yes No IN NA I. Is the proposed project located in a National Registered Historic District National Register listed or eligible property? or does it involve a ❑Yes No ■ NA 252-808.2808 :: 4-888.4RCOAST .. www.nccoastalmanagement.net Form DCM MP-1 (Page 4 of 5) APPLICATION for Major Development Permit <Form continues on next page> m. (i) Are there wetlands on the site? ►. Yes ■No (ii) Are there coastal wetlands on the site? ■ Yes r No (iii) if yes to either (i) or (ii) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, if available) n. Describe existing wastewater treatment facilities. Existing on site LLP wastewater system for new house on lot 30. Conventional septic system on lot 1. rr -- . .., CJ VE o. Describe existing drinking water supply source. Public water supply AUG 2 2022 p. Describe existing storm water management or treatment systems. None. D r c 5. Activities and Impacts a. Will the project be for commercial, public, or private use? • Commercial ■ Public/Government r Private/Community b. Give a brief description of purpose, use, and daily operations of the project when complete. The existing man made basin and basin entrance to the Currituck sound will be dredged to a depth of 5 feet to access the existing boat house and proposed pier within the basin. The two wooden groins will also be reparied as part of the permit proposal. The exisiting basin entrance is currently unusable for boats because of the existing shoaling. Dredging the entrance and basin will allow boating access for the two property owners into the Currituck Sound. c. Describe the proposed construction methodology, types of construction equipment to be used during construction, the number of each type of equipment and where it is to be stored. Dredging will take place with an excavator and barge. Dredge spoil will be placed on the Tonnesen property (Lot 30) outside the 30foot buffer line. Pilings will for the proposed piers will be installed hydraulically and conventional framing practices will be used for building the structures. Equiopment will be stored on the Tonnesen property during construction. d. List all development activities you propose. 1. Dredge basin and basin entrance to a depth of -4.5'. 2. Construct 6'x30' pier to a 16'x16' gazebo with one 12'x20' boat lift and two floating jet ski lifts. 3. Construct 6'xl 6' kayak platform on west side of proposed pier. e. Are the proposed activities maintenance of an existing project, new work, or both? Both f. What is the approximate total disturbed land area resulting from the proposed project? 13,800 ®Sq.Ft or Acres g. Will the proposed project encroach on any public easement, public accessway or other area ❑Yes No DNA that the public has established use of? h. Describe location and type of existing and proposed discharges to waters of the state. No proposed discharge to waters of the state. Existing discharges to include surface runoff from existing site conditions. i. Will wastewater or stormwater be discharged into a wetland? ❑Yes No DNA if yes, will this discharged water be of the same salinity as the receiving water? DYes ❑No IN NA j. Is there any mitigation proposed? •Yes No • NA If yes, attach a mitigation proposal. 252-808-2808 .. 1-888-4RCOAST www.nccoastalrnanagement.net Form DCM MP-1 (Page 5 of 5) APPLICATION for Major Development Permit Date 07/26/22 <Form continues on back> 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application package to be complete. Items (a) — (t) are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. is any portion already complete? If previously authorized work, clearly indicate on maps, plats, drawings to distinguish between work completed and proposed. c. A site or location map that is sufficiently detailed to guide agency personnel unfamiliar with the area to the site. d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail. Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name William Pratt Phone No. Address 100 Mill Point Road, Kitty Hawk, NC 27949 Name Scott & Patrice Becker Phone No. Address 10320 Locust Grove Drive, Chardon, OH 44024 Name Phone No. Address g. A list of previous state or federal permits issued for work on the project tract. Include permit numbers, permittee, and issuing dates. GPA64894, issued 12/17/14 to Julie Emory CAMA Minor Development Permit 2022-04, issued 01/31/22 to Dave & Cynthia Tonnesen. h. Signed consultant or agent authorization form, if applicable. i. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1-10), if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. is Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. further certify that the information provided in this application is truthful to the best of my knowledge. s , ,, - r ry .. L. Print Name _Doug Dorman, Consultant Signature Please indicate application attachments pertaining to your preposed project. EDCM MP-2 Excavation and Fill Information ❑DCM MP-3 Upland Development EDCM Mf -4 Structures Information ❑DCM MP-5 Bridges and Culverts AUG 2, 202Z 252-808-2808 :: 1-8B8-4RCOAST www.ncceastalmanagement.net Form DCM MP-2 RECEIVED EXCAVATION and FILL (Except for bridges and culverts) AUG 2 202Z DCM-EC 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 Channel (NLW or NWL) Canal Boat Basin Boat Ramp Rock Groin Rock Breakwater Other (excluding shoreline stabilization) Length 380' Width 60' Avg. Existing Depth 3.12' NA NA Final Project Depth 4'5 NA NA 1. EXCAVATION ❑ This section not applicable a. Amount of material to be excavated from below NHW or NWL in cubic yards. 1,550 b. Type of material to be excavated. Sand c. (i) Does the area to be excavated include coastal wetlands/marsh d, High -ground excavation in cubic yards. (CW), submerged aquatic vegetation (SAV), shell bottom (SB), None or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ®SAV 14.100 ❑SB OWL ❑None (ii) Describe the purpose of the excavation in these areas: To dredge an existing man made basin. 2. DISPOSAL OF EXCAVATED MATERIAL ❑ This section not applicable a. Location of disposal area. b. Dimensions of disposal area. Tonnesen property Lot 30. Irregular shape (13,800sf). Avg. 92'x150' c. (i) Do you claim title to disposal area? ®Yes ❑No DNA (ii) If no, attach a letter granting permission from the owner. e. (i) Does the disposal area include any coastal wetlands/marsh (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 ❑SAV ❑SB OWL ®None (ii) Describe the purpose of disposal in these areas: d. (i) Will a disposal area be available for future maintenance? ®Yes ❑No DNA (ii) If yes, where? Same location f. (i) Does the disposal include any area in the water? ['Yes ®No DNA (ii) If yes, how much water area is affected? 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised:12(26f06 Form DM! MP-2 (Excavation and Fill, Page 2 of 3) 3. SHORELINE STABILIZATION (If development is a wood groin, use MP-4 — Structures) a. Type of shoreline stabilization: b. Length: ❑Bulkhead ❑Riprap ❑BreakwaterlSill ❑Other: c. Average distance waterward of NHW or NWL: e. Type of stabilization material: g. Number of square feet of fill to be placed below water level. Bulkhead backfill j Riprap Breakwater/Sill Other i. Source of fill material. Z This section not ap licable RECFIV Width: d. Maximum distance waterward of NHW or NWL: AUG 2 ZUZ2 DC 4 f. (i) Has there been shoreline erosion during preceding 12 months? DYes ❑No DNA (ii) If yes, state amount of erosion and source of erosion amount information. ) h. Type of fill material. 4. OTHER FILL ACTIVITIES (Excluding Shoreline Stabilization) ® This section not applicable a. (i) Will fill material be brought to the site? DYes ❑No If yes, (ii) Amount of material to be placed in the water (iii) Dimensions of fill area (iv) Purpose of fill DNA b. (i) Will fill material be placed in coastal wetlands/marsh (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 ❑SAV ❑SB DWL [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 controlled? Silt fence to be installed around perimeter spoild disposal area. c. (i) Will navigational aids be required as a result of the project? DYes No DNA (ii) If yes, explain what type and how they will be implemented. 07/26/22 Date Tonnesen-Gupta Project Name b. What type of construction equipment will be used (e.g., dragline, backhoe, or hydraulic dredge)? Exavator on barge for dredging, excavator, backhoe. dump trucls. d. (i) Will wetlands be crossed in transporting equipment to project site? DYes ®No DNA (ii) If yes, explain steps that will be taken to avoid or minimize environmental impacts. Authorized agent - Doug Dorman Applicant Name Applicant.8ig atu"re 252-808-2808 : 1-888-4RCOAST :: www.nceoastalmanagement.net revised: 12/26/06 Form DCM MP-4 STRUCTURES (Construction within Public Trust Areas) RECEIVED A U G 2 2027. DCM-EC 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. (1) is the docking facility/marina: b. (i) Will the facility be open to the general public? ElCommercial ❑Public/Government ®Private/Community ['Yes No G. (i) Dock(s) andlor pier(s) d. (i) Are Finger Piers included? ['Yes No (ii) Number 1 If yes: (iii) Length 30' (ii) Number (iv) Width 6' (iii) Length (iv) Width (v) Floating ❑Yes No (v) Floating ❑Yes ❑No e. (i) Are Platforms included? ®Yes ❑No f. (i) Are Boatlifts included? ®Yes ENo If yes: If yes: (ii) Number 3 (ii) Number 1 (iii) Length Kayak platform 16', Gazebo 16', floating jet (iii) Length 16' ski platform 12' (iv) Width 12' (iv) Width Kayak platform 6', Gazebo 16', floating iet ski platform 12' (v) Floating ®Yes ZNo Note: Roofed areas are calculated from dripline dimensions. g (i) Number of slips proposed 3 (ii) Number of slips existing 1 i. Check the proposed type of siting: ❑ Land cut and access channel ®Open water; dredging for basin andlor channel ❑Open water; no dredging required ['Other: please describe: k. Typical boat length: 12-30' 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). Mixed use. I. (i) Will the facility be open to the general public? 252.808-2808 :: 1-888-412COAST :: www.nccoastaimanagement.net revised: 12/27/06 Form DCM MP-4 (Structures, Page 2 of 4) RECEIVED m. (i) Will the facility have tie pilings? ❑Yes No (ii) If yes number of tie pilings? ['Yes No AUG 2 2022 DCM-EC 2, DOCKING FACILITY/MARINA OPERATIONS ®This section not applicable a. Check each of the following sanitary facilities that will be included in the proposed project. Cl Office Toilets ❑ Toilets for patrons; Number: ; Location: ❑ Showers ❑ Boatholding tank pumpout; Give type and location: b. Describe treatment type and disposal location for all sanitary wastewater. c. Describe the disposal of solid waste, fish offal and trash. d. How will overboard discharge of sewage from boats be controlled? e. (i) Give the location and number of "No Sewage Discharge" signs proposed. (ii) Give the location and number of Pumpout Available" signs proposed. f. Describe the special design, if applicable, for containing industrial type pollutants, such as paint, sandblasting waste and petroleum products. g. Where will residue from vessel maintenance be disposed of? h. Give the number of channel markers and "No Wake" signs proposed. i. Give the location of fuel -handling facilities, and describe the safety measures planned to protect area water quality. j. What will be the marina policy on overnight and live -aboard dockage? k. Describe design measures that promote boat basin flushing? 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalrnanagement.net revised: 12127/06 Form DCM MP-4 (Structures, Page 3 of 4) R EIV D I. If this project is an expansion of an existing marina, what types of services are currently provided? Alio 2 2fl22 m. Is the marina/docking facility proposed within a primary or secondary nursery area? ❑Yes ❑No n. Is the marina/docking facility proposed within or adjacent to any shellfish harvesting area? ['Yes ENo DCM EC o. Is the marina/docking facility proposed within or adjacent to coastal wetlands/marsh (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 ❑SAV ❑SB OWL ❑None p. Is the proposed marina/docking facility located within or within close proximity to any shellfish leases? ❑Yes ❑No 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 ❑PubliclGovernment ❑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-2, Excavation and Fill.) ❑This section not applicable a. (i) Number 2 - repairs to existing structures (ii) Length 64' & 85' (ill) Width 1' 5. BREAKWATER (e.g., wood, sheetpile, etc.) ® This section not applicable a. Length c. Maximum distance beyond NHW, NWL or wetlands b. Average distance from NI-1W, NWL, or wetlands 6. MOORING PILINGS and BUOYS ®This section not applicable a. Is the structure(s): ❑Commercial ❑Public/Government ❑PrivatelCommunity b. Number 252-808-2808 :: 1-888-4RCOAST :: www.nccoastalmanagement.net revised: 12/27/06 Farm DCM MP-4 (Structures, Page 4 of 4) c. Distance to be placed beyond shoreline d. Description of buoy (color, inscription, size, anchor, etc.) Note: This should be measured from marsh edge, if present. e. Arc of the swing None 7. GENERAL a. Proximity of structure(s) to adjacent riparian property lines 36' south to Tonneson. 310' north to Becker Note: For buoy or mooring piling, use am of swing including length of vessel. c. Width of water body Existing basin 175' e. (i) Will navigational aids be required as a result of the project? ❑Yes No DNA (ii) If yes, explain what type and how they will be implemented. b. Proximity of structure(s) to adjacent docking facilities. 1,050 ft to pier south of Tonnessen property. No existing structure to the north. d. Water depth at waterward end of structure at NLW or NWL -3.5' 8. OTHER ❑This section not applicable a. Give complete description: 06/16/22 Date Tonnesen-Gupta Project Name Doug Dorman -agent Applicant Name Applicant Signature RECEIVED AEG 2 2D2. DCM-EC :: 1-888-4RCOAST :: www.nccoastalmanagement.net (c2vi`sa.d: 12/2nOti DARE s'i- REAL ESTATE COUNTY = LI,. TRANSFER TAX LT 3 'i C C " DARE GQt1i �' 11� CZ_ COLLECTOR GRAY & LLOYD, L.L.P. • ATTORNEYS AT LAW • 3120 N. Croatan Hwy. • Suite 101 • Kill Devil Hills, NC 2794E • (252) 441..4338 Recorded: 09/1212019 04:41:27 PM BY: TONI MIOGETT Cheryl L. House, Register of Deeds Dare County, NC Fee Amt: $26,00 NC Excise Tax: $1.670.00 BOOK 2323 PAGE 78 (2) 700068743 SPACE ABOVE THIS LINE FOR RECORDING DATA LAND TRA FER NUMBER: 1% LAND ANSFER FEE: $8,350,00 EXCISE TAX., $1,670.00 PARCEL NUMBER: 029307030 REAL ESTATE TAXES PAID: 2018 E.Crouse Gray. Jr„ Ak eased North Carolina Attorney Delinquent Tuxes, if arkj} ere to lie paid by the closing attorney to the County riA0 Collector upon disbursement of closing proceeds. GRAY & LLOYD, L.L.P. 3120 North Croatan Highwa}(ite. 101 Kill Devil Hills, North Caroline/7948 My File No. 9644-004 www.grayandlloyd.com Prepared by: NORTH CAROLINA DARE COUNTY 0 THIS DEED made this the fact! da N" wife, Susan C. Miller of 102 Plover Drive, wife, Cynthia A. Tonnesen of 508 First Fligh q NI Return to: Michael C. Casey Casey & Robbins, PC P.O. Box 28 Nags Head, NC 27959 All or a portion of the property herein conveyed does not include the primary residence of the Grantors epternber, 2019, by and between Martin L. Miller and k. NC 27949, Grantor, and David W. Tonnesen and un, Kitty Hawk, NC 27949, Grantee: The designation Grantor and Grantee as used herein shall include said parties, their heirs, and successors and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context. 6 WITNESSE- THAT the Grantor, for a valuable consideration paid a Grantee, the receipt of which is hereby acknowledged, has and by these presents does grant`ft rgain, sell and convey, unto the Grantee in fee simple, all that certain lot or parcel of land situat4.,in the Atlantic Township, Dare County, North Carolina, and more particularly described as folio GRAY & LLOYD, L.L.P. • ATTORNEYS AT LAW • 3120 N. Cruntan Hwy. • Suite 101 • Kill Devil Hills. NC 27948 • (252) 441-4336 Lot 30, Block 1, Section 2 as shown and delineated on that certain plat entitled \'` "Recombination Plat of Martin's Point, Block 1. Section 2, Lots 30 and 31, Atlantic Township, Dare County, North Carolina', dated March 15, 1995 prepared by Quible and Associates, P.C., Registered Surveyors, which plat is recorded in Plat Cabinet D, Slide (� Y 66, Dare County Registry. c The property hereinabove described was acquired by Grantor by instrument recorded in Book 01, Page 049, Dare County Public Registry. jTO HAVE AND '1'O HOLD the aforesaid lot or parcel of land and all privileges and appu4 nances thereto belonging to the Grantee in fee simple. Al the Grantor covenants with the Grantee, that Grantor is seized of the premises in fee simple, hsthe right to convey the same in fee simple; that title is marketable and free and clear of all encum ipces, and that Grantor will warrant and defend the title against the lawful claims of all persons whorti oever except for the exceptions hereinafter stated. Title to fhe property hereinabove described is subject to the following exceptions: 1. Exception is taken to 2019 ad valorem taxes. 2. Exception taken to any easements and restrictions of record, IN WITNESS corporate, has caused thi and its seal to be hercunt written. EREOF, the Grantors have hereunto set their hands and seals, or if trument to be signed in its corporate name by its duly authorized officers xed by authority of its Board of Direc . s, the day and year first above y. STATE OF iJor-'-k acts-c r CITY/C ?NTY OF 12) ref 1, r1UAtid M . GtKs Rn, a Miller and wife, Susan C, Miller personall execution of the foregoing instrument. (seal) Ma ler Susan C. Miller (SEAL) (SEAL) ary Public of the State aforesaid, certify that Martin L. peared before me this day and acknowledged the Witness my hand and official stamp or seal •the it day of lV Public • My mmission Expires: "ZPI 0 bir• , 2019. ycN Y. Y. 0 C3� 9: 1951 P; 185 Doc Id: 6339790 02/0312014 04:56 PM Receipt #: 14-0951 Doc Code. DEED NCExcise Tax pd: $1600 (10 Vanzolla McMurr'an-Smith, Register of Deeds Dare CO tC rr- �:':'.4LY �.. _.-- t��/ raj`•' C • '• APPROVED „DACOCOUNTY �.LEC RTAX NO. ficrEt *RTH CAROLINA GENERAL WARRANTY DEED Excise Tax: Parcel Identification'I 027757-50 I Verified by County on the _ day of __20_ Mail/Box to: Michael C. Casey, Case yA Robbins, PLLC, P. O. Box 2$ Nags !lead NC 27959 This instrument was preparei Christopher L. Seawell Brief description For the Index: Block 1, Section V, Martin's Point S/D Delinquent taxes, if any, to be paid, the closing attorney to the county tax collector upon disbursement of closing proceeds. THIS DEED made this Ard day of Februaf Ol4, by and between: GRANTOR GRANTEE 6 0 JOHN F. BAUGHMAN and 'di fe, rDAVID S. WATSON and wife, ,TAN M. WATSON 108 Mill point Kitty Hawk, NC 27919 . CAROL I NE A. BAt)CHMAld V88 iEiwrni 11 Lane reenwi.r_h, CT 06830 The designation Grantor and Grantee as used herein shall ir,clu:ic .aiq'_ri parties, ;heir heirs, successors, and assigns, and shall inclu-de singular, plural, masculine, feminine or neuter6, r:equired by .;n;:te.wt, Tr'rITNESSrTH, that the Crantor, Eor a valuable .ion paid by the Grantee, the receipt of which is hereby acknowleca has and by these presents does grant, bargain, sell and convey iatt.Vt5he Grantee in fee simple, an that certain lot ac parcel of land s teci in At Lddlri.!: Township, Dare Count:/, North Carolina and more parc► tit i [w described as c) . ows : f 6339790 B: 1951 P: 185 Page 1 of 3 2/3/14 4:56 PM () li111 71 'W1'ti 'M 'rY11114,11I I11 Y) O Lot No. 1, Black I, as shown and delineated on that certain plat entitled "Revised Plat, Martin's Point, Section Five," dated October 2, 1984, prepared by Quible & Associates, Inc., Registered Surveyors, which plat is recorded in Plat Cabinet B, Slides270 & 271, Dare County Registry. property hereinabove described was acquired by Grantor by ir7 rument recorded in Book 475, Page 451, Dare County Registry. C .�t11 r a porticn of the property heruiri conveyed X includes or es not include the primary residence of a Grantor. A map sh B, Slides ng the above described property 1 b 271, Dare County Registry. is recorded in Plat Cabinet TO HAVE ANDY HOLD the aforesaid lot or parcel of land and all privileges and(ppurtenances thereto belonging to the Grantee in fee simple. And the Grantor covenants with the Grantee, that Grantor is seized of the premises in fe-impie, has the Light [_CI convey the same in fee simple, and that t le is marketable and free and clear of al= encumbrances, and ~ Grantor wi i.l warrant and defend the title against the ,lawful c _,ys of all persons whomsoever, other than the following exceptions: Easements and restrictis appearing of record, and ordinant:es and other rand r01.11atj: ns appI c..ablla ti:nrc!tr . IN WITNESS WHEREOF, t . - ( ar:toe has as of the day and year first a ave written. all zoning duly executed the foregoing 6 6339790 B: 1951 P: 1a5 Page 2 of 3 2/3/14 4:56 PF} '110I K P iI110 Li�r�i����� �1 II f �. 0 LJ STATE OF (4,(1,0-6cAirN0'— COUNTY/CITY OF CtuTt- Ne77, the widersigned Nr.P:Ty oi the County irtd State feresai, (lortify that David 5. watson and wife, Jan M. Wa".6on persf:%dily eared Lui.oru mu hi Jyand w7know1edqt:Id the r-xr,cution .:.)f the jorr instrunen:. WiLess ny hand and Nctafial s',in or se-! this Ee y of. rriIrv, 2014. () (NOTARY ('AMP/SEAL) My F6pf n expire.5: 9011(..) PATRINA FAtACO CHAPPELL.E No Public Dare County, North Carolina My Commission Expires ,Q IR 6 ,er\ ,ec\. 6339790 6: 1951 P: 185 Page 3 of 3 2/3/14 456 1111 RPTitiliDlilleriC1140V11111 $11.1 ti 1411' 'WIPE 1 I DocuSign Envelope ID: 59BD00D6-3E0A-4D37-B3E7-73811384184D3 OFFER TO PURCHASE AND CONTRACT [Consult "Guidelines" (Form 2G) for guidance in completing this form' For valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, Buyer offers to purchase and Seller upon acceptance agrees to sell and convey the Property on the terms and conditions of this Offer To Purchase and Contract and any addendum or modification made in accordance with its terms (together the "Contract"). 1. TERMS AND DEFINITIONS: The terms listed below shall have the respective meaning given them as set forth adjacent to each term. (a) "Seller": (b) "Buyer": John F Baughman, Caroline A Baughman Sumit Gupta (c) "Property": The Property shall include all that real estate described below together with all appurtenances thereto including the improvements located thereon and the fixtures and personal property listed in Paragraphs 2 and 3 below. NOTE: If the Property will include a manufactured (mobile) home(s), Buyer and Seller should consider including the Manufactured (Mobile) Home provision in the Additional Provisions Addendum (Standard Form 2A11-T) with this offer. Street Address: City: County: 108 Mill Point Rd Dare Kitty Hawk , North Carolina Zip: 27949 NOTE: Governmental authority over taxes, zoning, school districts, utilities and mail delivery may differ from address shown. Legal Description: (Complete ALL applicable) Plat Reference: Lot/Unit Lot 1 , Block/Section See 5 Rev , Subdivision/Condominium Martin's Point Section 5 Rev , as shown on Plat Book/Slide PI B at Page(s) 271 The PIN/PID or other identification number of the Property is: 985820904794 Other description: Parcel: 027757501 Some or all of the Property may be described in Deed Book 1951 at Page 0185 (d) "Purchase Price": $ paid in U.S. Dollars upon the following terms: $ BY DUE DILIGENCE FEE made payable and delivered to Seller by the Effective Date by ['cash ❑X personal check ❑ official bank check ❑ wire transfer ❑ electronic transfer (specify payment service: - ) $ BY INITIAL EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(0 by ❑ cash ❑X personal check ❑ official bank check E wire transfer, ❑ electronic transfer, EITHER ❑ by the Effective Date OR ❑X within five (5) days of the Effective Date of this Contract. $ BY (ADDITIONAL) EARNEST MONEY DEPOSIT made payable and delivered to Escrow Agent named in Paragraph 1(0 by cash, official bank check, wire transfer or electronic transfer no later than 5 p.m. on - > TIME BEING OF THE ESSENCE by ❑ cash ❑ official bank check C wire transfer ❑ electronic transfer $ BY ASSUMPTION of the unpaid principal balance and all obligations of Seller on the existing loan(s) secured by a deed of trust on the Property in accordance with the attached Loan Assumption Addendum (Standard Form 2A6-T). $ BY SELLER FINANCING in accordance with the attached Seller Financing Addendum (Standard Form 2A5-T). $ BY BUILDING DEPOSIT in accordance with the attached New Construction Addendum (Standard Form 2A3-T). $ BALANCE of the Purchase Price in cash at Settlement (some or all of which may be paid with the proceeds of a new loan). If the parties agree that Buyer will pay any fee or deposit described above by electronic transfer, Seller agrees to cooperate in effecting such transfer, including the establishment of any necessary account and providing any necessary information to Buyer, provided, however, Buyer shall be responsible for additional costs, if any, associated with such transfer. Page 1 of 15 ®This form jointly approved by: STANDARD FORM 2-T North Carolina Bar Association DS Ds Revised 7/2021 MAJOR. North Carolina Association of REALTORS , If�� 'gam © 7/2021 Buyers initials s6 Seller's initial �"`�Dr6 SAGA Really rad Conatrodion, 6445\ Troetan Highway, Boil B Katy Hawk NC 27949 Phone: 2522076452 Fax: 100 MIS Point Rd Tammy Aycock Produced with Lone Woli Transactions (zipForm Edition} 717 N Harwood St, Suite 2200, Dallas, TX 75201 www.lwolf.corn DocuSign Envelope ID: 59BDOOD6-3EOA-4D37-B3E7-7381B84184D3 THE NORTH CAROLINA ASSOCIATION OF REALTORS®, INC. AND THE NORTH CAROLINA BAR ASSOCIATION MAKE NO REPRESENTATION AS TO THE LEGAL VALIDITY OR ADEQUACY OF ANY PROVISION OF THIS FORM IN ANY SPECIFIC TRANSACTION. IF YOU DO NOT UNDERSTAND THIS FORM OR FEEL THAT IT DOES NOT PROVIDE FOR YOUR LEGAL NEEDS, YOU SHOULD CONSULT A NORTH CAROLINA REAL ESTATE ATTORNEY BEFORE YOU SIGN IT. This offer shall become a binding contract on the Effective Date. Unless specifically provided otherwise, Buyer's failure to timely deliver any fee, deposit or other payment provided for herein shall not prevent this offer from becoming a binding contract, provided that any such failure shall give Seller certain rights to terminate the contract as described herein or as otherwise permitted by law. Date: 3/30/2022 oanfa..,.eK Date: Buyet �t�� Sell " lt'Gupta Date: Buyer Entity Buyer: 3/30/2022 / nocuSIgred by: r JAW, V 13 twtA.U. s—dochwelgcMitighman Date: Sellei 3/30/2022 „----DocuSigned by: 664, Q 15auaun `( ;}f,igmNtakghman Entity Seller: (Name of LLC/Corporation/Partnership/Trust/etc.) (Name of LLC/Corporation/Partnership/Trust/etc.) By: By: Name: Print Name Title: Date: Name: Title: Date: Print Name WIRE FRAUD WARNING TO BUYERS: BEFORE SENDING ANY WIRE, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO VERIFY THE INSTRUCTIONS. IF YOU RECEIVE WIRING INSTRUCTIONS FOR A DIFFERENT BANK, BRANCH LOCATION, ACCOUNT NAME OR ACCOUNT NUMBER, THEY SHOULD BE PRESUMED FRAUDULENT. DO NOT SEND ANY FUNDS AND CONTACT THE CLOSING ATTORNEY'S OFFICE IMMEDIATELY. TO SELLERS: IF YOUR PROCEEDS WILL BE WIRED, IT IS RECOMMENDED THAT YOU PROVIDE WIRING INSTRUCTIONS AT CLOSING IN WRITING IN THE PRESENCE OF THE ATTORNEY. IF YOU ARE UNABLE TO ATTEND CLOSING, YOU MAY BE REQUIRED TO SEND AN ORIGINAL NOTARIZED DIRECTIVE TO THE CLOSING ATTORNEY'S OFFICE CONTAINING THE WIRING INSTRUCTIONS. THIS MAY BE SENT WITH THE DEED, LIEN WAIVER AND TAX FORMS IF THOSE DOCUMENTS ARE BEING PREPARED FOR YOU BY THE CLOSING ATTORNEY. AT A MINIMUM, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE TO PROVIDE THE WIRE INSTRUCTIONS. THE WIRE INSTRUCTIONS SHOULD BE VERIFIED OVER THE TELEPHONE VIA A CALL TO YOU INITIATED BY THE CLOSING ATTORNEY'S OFFICE TO ENSURE THAT THEY ARE NOT FROM A FRAUDULENT SOURCE. WHETHER YOU ARE A BUYER OR A SELLER, YOU SHOULD CALL THE CLOSING ATTORNEY'S OFFICE AT A NUMBER THAT IS INDEPENDENTLY OBTAINED. TO ENSURE THAT YOUR CONTACT IS LEGITIMATE, YOU SHOULD NOT RELY ON A PHONE NUMBER IN AN EMAIL FROM THE CLOSING ATTORNEY'S OFFICE, YOUR REAL ESTATE AGENT OR ANYONE ELSE. Page 13 of 15 STANDARD FORM 2-T Revised 7/2021 © 7/2021 Produced with Lone Wolf Transactions (zipForm Edition) 717 N Harwood 5t, Suite 2200, Dallas, TX 75201 ywww (wolf corn 108 Mill Point Rd Grnail - Automatic reply: [External] Tonnesen/Baughman https://mail.google.corn/mail/u/0/?ik-6f76balc92&view=pt&search=a... l'40i Grnail Doug Dorman <dougdaec@gmail.com> Automatic reply: [External] Tonnesen/Baughman 1 message 401 PreFile <401 PreFile@ncdenr.gov> 13 May 2022 at 08:35 To: Doug Dorrnan <dougdaec@gmail.com> This email confirms receipt of your pre -filing meeting request. Please retain this email for your records and submit this documentation as part of your 401 application (PCN Application) as required by federal law. DWR will not be able to accept your application without this federally required documentation. 401 applications received without documentation that a pre -filing meeting request was submitted at least 30 days prior will be returned as incomplete. Responses to this email are not monitored. Background On April 6, 2022, the United States Supreme Court issued an order staying a lower court's vacatur of the Trump Administration's 2020 "Clean Water Act Section 401 Certification Rule" ("Federal Rule"). As a result of the United States Supreme Court order, the Trump Administration's Federal Rule has sprung back into effect. The Trump Administration's Federal Rule imposes additional procedural requirements on applicants for 401 Certifications and on DWR's processing of those applications. One requirement is that 401 applicants must request a pre -filing meeting request at least 30 days prior to submitting their 401 application. [40 C.F.R. §121.41 In turn, the Federal Rule requires that applicants include documentation of their pre -filing meeting request in their 401 Certification application. [40 C.F.R §121.1; 40 C.F.R. §121.5]. Please refer to the Federal Rule for more information. Per 40 CFR §121 and §121.5, a 401 Certification application that does not include the required pre -filing meeting request documentation does not constitute a "certification request." As a result of the reinstatement of the Trump Administration's Federal Rule, all 401 applications received after April 6, 2022 that do not have documentation that a pre -filing meeting request was submitted at least 30 days prior to submittal of a 401 Certification application will be returned as incomplete. If you need to contact 401/Buffer Permitting Staff, please use the following link(s) to access of staff contact list(s). For Non -Transportation Central Staff: https://deq.nc.gov/about/divisions/water-resources/water-quality-permitting/401-buffer- permitting1401-buffer-permitting-contacts For Non -Transportation Regional Staff: https://edocs.deq.nc.gov/WaterResources/DocView. aspx?dbid=0&id=2162034&cr=1 For all Transportation Projects Including NCDOT Projects: https://deq. nc.gov/about/divisions/water-resources/water-resources-permits/transportation- permitting/staff-contacts 1 of 2 6/16/2022, 11:38 AM MAJOR PERMIT FEE MATRIX Applicant: 5 U. vVl.1 `i C-IteLft Gi..gJ ftw iel `}' C Selection Development Type I. Private, non-commercial development that does not involve the filling or excavation of any wetlands or open water areas: II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: Major Modification to a CAMA Major permit Fee $250 $400 $250 DCM% (14300 1601 435100093 1625 6253) 100% ($250) III. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A, B, C, or D below applies: III(A). Private, non- commercial development, if General Water Quality Certification No. 4097 (See attached) can be applied: III(B). Public or commercial development, if General Water Quality Certification No. 4097 (See attached) can be applied: _ 11I(C). 1f General Water ❑ Quality Certification No. 4097 (see attached) could be applied, but DCM staff determined that additional review and written DWQ concurrence is needed because of concerns related to water quality or aquatic life: III(D). If General Water Quality Certification No. 4097 (see attached) cannot be applied: IV. For development that n involves the filling and/or excavation of more than one acre of wetlands and/or open water areas: $250 $400 $400 $400 $475 100% ($400) 100% ($250) 100% ($250) 100% ($400) 60% ($240) 60% ($240) 60% ($285) DWQ (24300 1602 435100095 2341) 0% ($0) 0% ($0) 0% ($0) 0% ($0) 0% ($0) 40% ($160) 40% ($160) 40% ($190) NOTICE OF FILING OF APPLICATION FOR CAMA MAJOR DEVELOPMENT PERMIT The NC Department of Environmental Quality hereby gives public notice as required by NCGS 113A-119(b) that application for a development permit in an AEC as designated under the CAMA was received on 08/26/22. Mr. Sumit Gupta and David & Cynthia Tonnesen proposes to construct a docking facility, complete with a pier, boatlift, two floating jet ski platforms. They also propose to mechanically dredge a portion of an existing man-made basin, located at 104 & 108 Mill Point Road, Martin's Point subdivision in Dare County. A copy of the entire application may be reviewed at the office of the Division of Coastal Management, located at 401 S Griffin St, Ste 300, Elizabeth City, NC, 252-264-3901 during normal business hours. Comments mailed to Braxton Davis, Director, DCM, 400 Commerce Avenue, Morehead City, NC 28557, prior to 10/15/22, will be considered in making the permit decision. Later comments will be considered up to the time of permit decision. Project modification may occur based on review & comment by the public, state & federal agencies. Notice of the permit decision in this matter will be provided upon written request. PLEASE PUBLISH ON: Sunday, September 25, 2022 D E Em w.xaLH l o+a. Nvn \\\ �/ oepamcV al kumeMtl chwi North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909 252.264.3901 ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director September 21, 2022 MEMORANDUM: FROM: NORTH CAROLINA Environmental Quality Gregg Bodnar, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Ave., Morehead City, NC 28557 Fax: 252-247-3330 (Courier 04-16-33) gregg.bodnar@ncdenr.gov SUBJECT: CAMA/Dredge & Fill Review Applicant: Sumit Gupta & David & Cynthia Tonnesen Project Location: 104 & 108 Mill Point Road, Martin's Point, in Dare County Proposed Project: Construct a docking facility, complete with a pier, boatlift, two floating jet ski platforms and to mechanically dredge a portion of an existing man-made basin Please indicate below your agency's position or viewpoint on the proposed project and return this form to Gregg Bodnar at the address above by October 12, 2022. If you have any questions regarding the proposed project, contact Sarah Loeffler (252-264-3901, ext. 232) when appropriate, in-depth comments with supporting data is requested. REPLY: PRINT NAME AGENCY SIGNATURE DATE 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. £ D_E NORTH CAROLINA Department of Environmental ouafi� North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300 I Elizabeth City, North Carolina 27909 252.264.3901 LEGEND VICINITY MAP LPP SEPTIC SYSTEM - (7) 48 LF LPP DRAIN LINES ® 5' 0.C. BASED ON 840 GPD ® 0.5 L.TA.R.) (TO BE ENGINEERED BY OTHERS) - PROPOSED DREDGE SPOIL AREA - SAV SAMPLE POINT LOCATIONS EXISTING WATER DEPTH CONTOURS - 75' AEC LINE 30' DCM BUFFER LINE ----- - 404 WETLAND LINE DELINEATED BY ATLANTIC ENVIRONMENTAL CONSULTANTS, LLC 06/13/22 LOT 31 N/F WILLIAM PRATT 50' 25' 0 50' �.r INTx MILL POINT 8 MARTINS POINT RD. 1 inch = 50' ft. GRAPHIC SCALE NO7'08'31'W • S' RD 65.01' µy7�33',2�w l r_� 1gk.95'(�E) • VINYL SHEET PILE BULKHEAD WZ WOOD TOP CAP t.c)Fy50y a! ilk 30' --``EXISTING HOUSE NDER CONSTRUCTION O 75, SEPTIC TANK PUMP TANK 5 DT06'34" E 215.02' • ' . ..(a.c.. o. ?,STORY W/V DWELLING ON PILINGS/ W/ GARAGE ON CONC.,'F00TER/SLAB ` 7 ?9 / r r BUFFEit � _ POOL \ x a4' E au, . OPEN Iry $ °°14(PdOPEN RftH�f // _ J rsv CURRITUCK ✓ .J _. r _ y(++-I 11 �}1� 7.J Y _r VV z /_. 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SHEET 1 OF 3 LOTF2 SCOTT Sc PETR�iCE BECKER w 0 10 A N 0 •� f/l OPEN r2 28.0 i2T.1 a b 20.0' a0'b OPEN 1lT 1 1 PdCH m� J 2 TORY W/F DWELLING 014 PILINGS W/ GARAGE ,AN CONC. FOOTER/SL1IS 16.0' .5' 10' X 20' PARKING SPACE (TYP) CONCRETE DRIVEWAY i.0'11:1 / 1 / / / 01 'ems 3 1 • • CI 111�, 11 4+ 1 11I I 11 i"r LOT 30 i 11 a� DAVID & CYNTHIA/I TONNESEN II1 i-' � II OPEN u_ 0 0 m Q.' 12.0' 12.0' J W P D O 0 a= wppp BUS - P\e� /, 4� r r -/ 4jP \ \ \ \\ - ---\ //), 4, // ��� Jam~'/ /� .v d / / Z o! 404 WETLAN LINE X 4.0' x 4.0'\ 11, / / � / R-, - --,/ ---f az!1 : /- i i ./ f _ .__/�_ r 1 l / / a?'/ w ! z i �- 1� !c_ _� r/_„, J - t , / l r -1-'! /-- Ili//_ --/// ,- -.J / // �11 1r r /l ,i __ ✓ _J _ - r A s" 454: # 44.4k. PROPO ED PLATFORM 6'X16' N. --' r -EXI-STING B'ASI-N- -▪ `-' CURRITUCK SOUND) TO J_ J r- /-- /- RIP-RAP) _J LEGEND- 666 _.� Re,4%es - PROPOSED DREDGE ..ARE -A TO -4.5 .FT DEPTH(1,550--CU.YDS,-) --' -J - EXISTING- WATER" DEPTH -CONTOURS , - }_- -75' AEC LINE -/ - ---- - 30' DCM ,BUFFER LINE -•-•-•-•-•-• - 404 WETLAND LINE DELINEATED BY -ATLANTIC ENVIRONMENTAL CONSULTANTS; LLC 06/1 r- ,.. ._/ `� -- r- _1 r. ..▪ /� r r_. EXISTING gRaNs, TO BE REPAIRED 'N0 CHAN E 'IN -LENGTH OR WIDTH SHE-ATHING AND; PILINGS TO BE, REPLACED AS NEEDE • WW-41,Wri"i r it" ‘iv #*7_44 s • # • 4 stA. 444w ss. t 4 +w) Ales# �Ropas�D 13aAr L11-T , °, ; ♦,yam i,� �i 1 _ _-' /1 1 II I LOT 1 JOHN & CAROLINE '! BAUGHMAN 15 • 40#04 4.• ** 4! GAzEA eye.% _______________________________ .4r r t14EXISTING y BOAT 1liHOUSE CONCRETE PEA. GRAVEL -4.5 CURR1TUCK SOUND -4.5 t ' 7 r4PA 4. 4 _______ ‘, • 4.44,4 4rA *Ale Nb, 4 • 44.# 3_0' C A.MA_ B LEFEI_ ipco i_. .111,11E . d ' t 4111 �._ 2 STORY FRAME DWELLING ON PILINGS WITH ATTACHED GARAGE ON CONCRETE SLAB CANT PA▪ NT /41 RECEIVEn LOT 2 N/F SCOTT & PETRICE BECKER 30' 15' 0 30' 1 inch = 30' ft. GRAPHIC SCALE SHEET 2 OF 3 OE L1/41 co LLJ 0 4.1 w 09 Lig 01 CK 0.45 Ma- GUPTA/TONNESEN 45' 7-1 r--1-1r^�I'if'r r r 1171 =111=111-111—I 1_-I 11=111-1 17.-1I -II-I 11__1 I 111 111=-11 11 I-11-111-I I 1-DREDGED -11 I —Ill I -_=•DREDGED BOTTOM 11--I 1 I=1 I I! �r� _1I =111�111--1 I l- �'-11 11I,{ IIlll111-Ifllll=li p liII Ill 111 KAYAK PLATFORM . r „ -• r r 6' a r r r r r r r r r • r r r r r r— r r r r r r r r r r r --EXISTING BOTTOM r, ,_1,A.-- „_, r r�rrrrr rr.— „rr„rrrrr rrr�� �rrr�r rr—��1--11- - - 717_9 111._ I 11 _I 11-11— 11-- 111W_ I I1-- 1 1111 -.11I II 1117 1 I-I- 1 11-1 11-E 111_1I-IIII i t 1 1 1 I I I----1 =� 1 I �1 I I�I I{ 1111 111=11=-11 DREDGE CROSS SECTION A -A N.T.S. STAIRS 1 --1 ,-r r r Ul L7 z a III 6' •EXISTING BOTTOM 1----III I I —I I I I1 I • 111 I-_111:- 1' "I 1111-=_II r r � -�rrrr r r r r ✓ r r r r r r r . r r r — r r r rT—`TZr' --- 1. I1I1I;1 PIER & KAYAK PLATFORM CROSS SECTION N.T.S. 16' -3.5' •-"' •--- EXISTING BOTTOM ' _I --111=1 I -- 1 11= Ill---111=111 i I ---II 1 ILI 1--111=1 I I—. III I IIl, I1- 11 �1-I � i� �ii;l l � �,I I1-„ r — r r II_ -III 111-=1 -111--111-=1 11- 111- 11_=111 411 11--I 1 I -1 1=1 RECEIVED AUG 2. 822 DCM-EC T7=r IT`T1 T=7171- - 11-11—I I--=7-1 I_-I-f1- I FT =I 1111 GAZEBO CROSS SECTION N.T.S. E A a a SHEET 3 OF 3 oz H-o Qa Oo WJ� Q_ W cLZ z Q z�� O�z o oW —w �ixo CDQa QZ QM U J 1 GUPTA/TONNESEN 0 to to a