8-18 MM 2023 Middle Island POA

Permit Class Permit Number
MODIFICATION/MAJOR 8-18
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 Middle Island POA, Inc. 1837 W. Buchanan St., Columbia, SC 29206
Authorizing development in Brunswick County at adj. to Cape Creek, at the end of Cape Creek
Road, Bald Head Island , as requested in the permittee’s application dated 11/16/22 (MP-1, MP-3,
MP-5), including work plan drawings (3) Sheets 1-3 of 3 dated 2/22/23.
This permit, issued on February 27, 2023 , 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

February 27, 2028

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 DE Q and the Chair
of the Coastal Resources Commission.

For Braxton C. Davis, Director
Division of Coastal Management

This permit and its conditions are hereby accepted.

Signature of Permittee

Bridge Replacements

1) 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 removal
and replacement of two existing timber bridges with vinyl sheet pile sided land bridges, all as
expressly and specifically set forth in the attached permit application and workplan drawings. Any
other work or development proposed in an Area of Environmental Concern (AEC), including but not
limited to the Coastal Shoreline, Coastal Wetland, and Estuarine Water AECs and located within the
applicant’s property, shall require a review and authorization from the Division of Coastal
Management prior to work commencing.

(See attached sheets for Additional Conditions)

Middle Island POA Permit No. 8-18
Page 2 of 3

ADDITIONAL CONDITIONS

2) All pipes and culverts shall be buried at least one foot below normal bed elevation to allow for passage
of water and aquatic life when they are placed within the Public Trust Area of Environmental Concern
(AEC) as designated by the Coastal Area Management Act (CAMA).

3) No 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).

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

5) If the crossing of wetlands with mechanized construction equipment is necessary, temporary
construction mats shall be utilized for the areas to be crossed. The temporary mats shall be removed
immediately upon completion of construction.

Sedimentation and Erosion Control

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

7) 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.

8) A ground cover sufficient to restrain erosion shall be provided within 30 calendar days of any phase of
grading on cut or filled slopes. At a minimum, a silt fence shall be properly installed immediately
landward of the two land bridges immediately following completion of backfilling activities.

General

9) 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.

10) 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.

11) 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 Nationwide Permit 14
(Action ID SAW-2020-01006).

NOTE: The N.C. Division of Water Resources authorized the proposed project by way of Individual
Water Quality Certification 5612 and assigned the project DWR Project No. 20170891v2.

Middle Island POA Permit No. 8-18
Page 3 of 3

ADDITIONAL CONDITIONS

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 mean high-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.

DIVISION OF COASTAL MANAGEMENT
FIELD INVESTIGATION REPORT
"MAJOR MODIFICATION" State Permit No. 8-18
APPLICANT'S NAME: Middle Island POA, Inc.
PROJECT NAME: Middle Island Timber Bridge Replacement
2. LOCATION OF PROJECT SITE: The project site is at the end of Cape Creek Road on Tract A, Bald Head
Island, it includes an approximately 0.93 Acre tract with approximately 265 linear ft. of shoreline along Cape
Creek on Bald Head Island, Brunswick County.
Lat: 33052'12.24"N Long: 77' 58'59.12"W
3. INVESTIGATION TYPE: CAMA/ Dredge & Fill
4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 3/25121, 1127/22
Was Applicant Present —Agent
5. PROCESSING PROCEDURE: Application Received — 6/4/21 DWR Pre -File Date- 6/11121
WiRo Complete- 11/17/22 DWR Pre -file Complete Date: 7/11/21
6. SITE DESCRIPTION:
(A) Local Land Use Plan — Village of Bald Head Island
Land Classification From LUP — High Ground is Low Density Residential (Deed Restricted for
Conservation and Recreational Use) and Conservation
(B) AEC(s) Involved: CW, EW, ES
(C) Water Dependent: Yes
(D) Intended Use: Private
(E) Wastewater Treatment: Existing — N/A Planned - N/A
(F) Type of Structures: Existing — Docking facility with boat launch and shoreline stabilization
Planned -Replace Two Timber Access Bridges
(G) Estimated Rate of Erosion: N/A Source-
7. HABITAT DESCRIPTION: [AREA]
DREDGED FILLED OTHER
(A) Vegetated Wetlands (Joint)
—285 sq. ft.
(Coastal)
198 sq. ft. (culvert)
—540 sq. ft.
(B) Non -vegetated Wetlands
180 sq. ft.
—860 sq. ft.
(Open Water only non -vegetated)
(C) Other-H ighg round disturbance
1,060 sq. ft.
(D) Total Area Disturbed: 3,123 sq. ft. (.07 acres)
(E) Primary Nursery Area: No
(F) Water Classification: SA/HQW Open: Yes
8. PROJECT SUMMARY: The applicant is proposing to replace two old timber bridges with sand and gravel based
land bridges with culverts resulting in wetland fill at the Cape Creek Road access to the Middle Island PDA dock
and boat ramp.
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.7%.7215

Middle Island POA, Inc.
Middle Island Timber Bridge Replacement
Page Two
9. PROJECT DESCRIPTION
To find the project site from the Bald Head Island Ferry Landing travel southwest on Keelson Row and veer left onto
N. Bald Head Wynd for 1.4 miles. Continue onto Federal Road and turn left onto SE Beach Drive. Travel
approximately 0.6 miles and turn left on Cape Creek Road. Follow Cape Creek Road to the gate, which will be
locked. The timber bridges are located at the end of Cape Creek Road. Contact Mr. Bruce Marek for access. He
can be reached at 910-228-2484. The project site is bordered by Cape Creek to the north and undeveloped Bald
Head Conservancy Owned marshland to the west, east and south. The NC State Property Office owns the
remaining adjacent parcels.
Bald Head Island is part of an island group known as Smith Island, located at the confluence of the Cape Fear River
and Atlantic Ocean between Fort Fisher and Oak Island/Caswell Beach in Brunswick County. The island is accessed
by private boat or a private ferry service from Southport. This specific project area is located on Cape Creek Road in
the northern central part of the island and encompasses approximately 0.93 acres and averages approximately 4 ft.
above normal high water (NHW). Both Coastal Wetlands, dominated primarily with Salt Marsh Cordgrass (Spartina
altemiflora, and Section 404 Wetland Vegetation exists adjacent to both old timber bridges. The existing bridges
average 2- 3 ft. above the substate. A storage house and gravel parking area are the only man-made uses on the
high ground portion of the tract. The adjacent Bald Head Island Conservancy property allows access to the Middle
Island POA docking facility and boat ramp via an old wooden bridge spanning coastal wetlands, which is a tidal
slough of Cape Creek. The applicant's measured shoreline is approximately 262 ft. in length, including a 12 ft. wide
concrete boat ramp. The high ground area immediately adjacent to the docking facility is stabilized by rip rap
measuring approximately 133 ft. long by 20 ft. wide (2660 sq. ft.). There is a band of coastal wetlands along the top
edge of the existing rip rap consisting primarily of Salt Meadow Grass (Spartina patens). The remaining unstabilized
shoreline is dominated primarily with Salt Marsh Cordgrass (Spartina altemiflora).
The existing docking facility and boat ramp are for the sole use of the Middle Island POA residents. General Permit
No. 63216D was issued to Middle Island Marina Co. on March 31, 2014 to replace the existing boat ramp and
construct two associated rip rap groins. Major Permit No. 8-18 was issued on January 12, 2018 to reconfigure the
existing docking facility for a total of nine (9) slips, replace the existing boat ramp, install rip rap (including
supplemental vinyl sheeting) and construct a kayak launch at the Middle Island POA dock and boat ramp. The new
docking facility is approximately 20 ft. closer to the shoreline. Two new floating docks, one measuring 108 ft. in
length by 5 ft. in width running parallel with the shoreline and one measuring 34 ft. in length by 5 ft. in width running
perpendicular to the shoreline, extend waterward from the existing 22 ft. long by 8 ft. wide fixed dock creating an L
shape. There are 4 finger piers extending waterward into Cape Creek and a kayak launch. At this time, the boat
ramp has not been replaced due to low water depths preventing access and inability of large equipment to cross the
old timber bridges to access the site. According to the applicant the existing 54.4 x 11 ft. north bridge and 32.2 x 11
ft. south bridge bridges and roadways were installed prior to 1988. The project site is owned by the Middle Island
POA, however both parcels along the access road are owned by the Bald Head Conservancy. State Permit No. 8-18
is due to expire on December 31, 2023.
The Village of Bald Head Island Land Use Plan classifies adjacent waters as Conservation, and the adjacent high
ground portion of the project area as Low Density Residential. The waters of the Atlantic Ocean contiguous with this
portion of the Cape Fear River are classified as SA/HQW by the North Carolina Division of Water Resources. The
waters are not designated as a Primary Nursery Area (PNA) by the N.C. Division of Marine Fisheries. They are OPEN
to the harvesting of shellfish.
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North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

Middle Island POA, Inc.
Middle Island Timber Bridge Replacement
Page Three
PROPOSED PROJECT:
The applicant is proposing to replace two old timber bridges with sand and gravel based land bridges with culverts
resulting in wetland fill at the Cape Creek Road access to the Middle Island POA dock and boat ramp. The existing
bridges have approximately 2-3 ft. of clearance over joint Section 404/Coastal wetland areas and currently facilitate
only pedestrian and golf cart crossings. According to the applicant, an elevated timber bridge is not feasible in this
location due to the flat profile and narrow crossing. The POA and the Village would like the replacement bridges to be
load rated both for public use and emergency vehicle access (see Narrative). The existing timber bridges are 11 ft.
wide and are proposed to be replaced with a new 18 ft. wide footprint to include vertical sheet pile walls for stabilization
and three 18" culverts each. The existing road would be graded and the new sheet pile sided land bridges would be
at elevation 6 FMSL. The North Bridge, which is on Parcel No. 2600003 would be replaced with a sand/gravel travel
footprint of approximately 55 ft. in length by 12 ft. in width and the South Bridge, which is in the road ROW, would have
a 34 ft. in length by 12 ft. in width travel footprint. However, total width of structure between sheet pile at each land
bridge site would be 18 ft. (see Sheets WD1 and W102). The application states that the gravel -based land bridges
would include 57 stone a minimum of 4" thick with a geotextile base (see Sheets C2 R3 & C3 R3).
The original proposal was modified to minimize wetland impacts. The new bridges and culverts would result in the filling
of approximately 285 sq. ft. of Joint Section 404 Wetlands and up to 540 sq. ft. of existing Coastal Wetland Area,
consisting of Salt Marsh Cordgrass (Spartina alterniflora). The North bridge would impact 290 sq. ft. of Coastal
Wetlands below NHW and 195 sq. ft of Section 404 type Joint Wetlands and the South bridge would impact 250 sq. ft.
of Coastal Wetlands below NHW and 90 sq. ft of Section 404 type Joint Wetlands. The existing open water unvegetated
area below the existing bridges would also be filled with 470 sq. ft. impacted for the North Bridge and 390 sq. ft. for the
south bridge with a total of approximately 305 cubic yards of fill including clean rubble and quarry rock. Approximately
5 sq. ft. of Rip rap is proposed for each culvert outfall and at each comer of the new bridge/high ground convergence
area. A total of 100 sq. ft. of rip rap is proposed within existing Coastal Wetland Areas for stabilization. There are no
existing wetland areas beneath the existing bridges (due to shading), but fringes of plants are present. Both proposed
new land bridges would have three 20 ft. long by 18" diameter culverts that would be excavated approximately 6" into
the existing creek bed with a height of 1 ft. above grade. The culvert placement would result in the excavation of 180
sq. ft. of unvegetated open water area and 198 sq. ft. of Coastal Wetland area. A Jurisdictional Determination was
submitted with this permit application dated 9/9/21 (Attached). Normal high water flows beneath both bridges, but due
to the density of vegetation adjacent to the bridges and height of the existing bridge footprints, this area is not navigable.
No mitigation was proposed with this permit application.
Upland grading would occur within 20 ft. of each land bridge end resulting in a vertical road taper to the desired elevation
of 6 FMSL, from approximately 4.5 FMSL. All work would be done within the existing road footprint with impacts of
535 sq. ft. total for the north bridge and 525 sq. ft. for the south bridge.
All work is proposed to be conducted via existing bridges to avoid additional wetland impacts. There is an existing
gravel turn around and maintenance area for the docking facility, this area would be utilized as a laydown area for
construction of the proposed land bridges and upcoming boat ramp replacement. The application states that the
existing water and electric would be placed between the sheet pile walls.
The applicant has also provided an agent form from the Bald Head Conservancy for the proposed bridge replacements.
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North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

10. ANTICIPATED IMPACTS:
The proposed bridge structures would fill approximately 285 sq. ft. of vegetated Joint Section 404 and 540 sq. ft. of
Coastal Wetland Areas and an additional 860 sq. ft. of open water area below NHW that has been historically shaded
due to existing low profile timber bridges. The placement of 6 proposed culvert structures beneath the proposed
bridges would result in the excavation of approximately 198 sq. ft. of Coastal Wetland and 180 sq. ft. of open water
area within Cape Creek. Additional high ground grading within a 20 ft. proximity to both bridges would disturb
approximately 1,060 sq. ft.
Submitted by: Tara MacPherson Date: November 28, 2022 Office: Wilmington
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

RECEIVED
Bruce Marek, P.E. NOV 17 2022
5489 Eastwind Rd Wilmington, NC 28403
[e-mail] 910-799-9245 DCM WILMINGTON, NC
Updated 1 1-16-22 Per CAMA Comments, Better Delineation of Minimized Footprint
Project Narrative: CAMA 18-8 Major Mod Request Middle Island Property Owners
Association, Inc (MIPOA) (Bald Head Island, NC) Replacement of Two Aging Timber
Bridges, with Vinyl Sheet Pile Sided, Emergency & Construction Vehicle Capable
"Land Bridges"
'File Middle Island Homeowners Association, Inc., (MIHOA) has retained me as authorized agent in
applying for a minor modification to its existing LAMA Major Permit 8-18, issued on January 12,
2018, and which has a current expiration date of December 31. 2023. The bridge replacement was first
submitted as a Minor Modification on 3/l/21. Per CAMA and other agency comments, the submittal
was upgraded to a major mod. A DWR electronic filing was submitted on 6-11-21. On 7-11-21. the
package for conventional 3H:1V side sloped "land bridges" was submitted. LAMA comments were
received to further minimize the wetland disturbances of the proposed land bridges.
The Land Management Group had flagged 404 & Coastal Wetlands during July 2020. CAMA, COE
& the BHI Conservancy have all visited the site. The US Army Corps of Engineers accepted Land
Management Group's wetland delineation per 9-9-21 Gary Beecher JD. Note that the delineated
wetlands considered the area under the existing timber bridges to be "tidal unvegetated". As the
bridges are appx 11' wide, and there is some fringe growth immediately under the bridge edges, I have
assumed the unvegetated portion as 1' in from each side f the bridge = a 9' unvegetated width.
The CAMA 8-18 Cape Creek 9 Slip Marina docks were installed in 2019 and have been issued a
Certificate of Inspection by Village of Bald Head Building Inspector/LPO Stephen Boyett. Tile new
docks have weathered Hurricanes Dorian and Isaias. (They fared much better than the downwind
Southport Marina!) We will progress to the Boat Ramp Replacement/Riprap part of the permitted
project, which will restore the MIPOA small boat trailer access to the water, once the bridges are
replaced.
Condition 14 of the CAMA 8-18 permit states: "the boat ramp shall either be poured at an upland
location and pushed into place once hardened, or poured entirely within a watertight containment
structure...." . And in the first Note after Conditions 27, "Future Development of the permittee's
property may require a modification of this permit. Contact a representative of the Division ... prior to
commencement of any such activity for this determination . As per above, I have been in
discussions on this since last year. My March 2021 Minor Mod submittal generated a comment by the
COE, for it to be a Major Mod.
Both of the permitted Condition 14 methods have engineering challenges because of the remote
location on Middle Island/Bald Head Island, NC. As Completion Project Engineer, getting
prefabricated concrete planks to the site is problematic. I am not sure that I can get a sufficient sized
barge/crane up the narrow Cape Creek by water. A land approach and poured concrete ramp is the
more feasible/realistic solution. Virtually all boat ramps in the area are poured concrete. (I was
involved in a 5 year legal skirmish over an old timber marine railway that had become out of
transverse level. and to varying degrees and alternating directions. There was no good way to "jack"
up on the sand bottom any one or section of cross timbers to make straight again.)
Project Narrative: CAMA 8-18 Major Modification Request Replacement of Two Timber Bridges

RECEIVED
NOV 17 2022
The boat ramp engineering, by Criser/Troutman & Associates, is similar to the Vill9RHMAIMTON, NC
Island Boat Ramp on Bald Head Creek at the Kayak Launch Site along North Bald Head Wynd. The
problem is, that the two appx 40 year old timber bridges, on Tract A, Parcel 26000042 are barely fit for
golf carts and an occasional maintenance pick-up truck; definitely not load rated for the concrete trucks
needed to construct the ramp as was done for the Village.
Alternately, even pre -cast concrete panels are problematic, as to not only size/weight, and having to be
barged to the island, a relatively long reach crane will be needed to place in the permitted location. I
have discussed about doing this by water from a barge, but the crane size requires a large enough barge
that Cross Creek creek access is an issue. So, it led to the discussions/request for replacing the aging
bridges.
A desire of the MIPOA, and the Village of Bald Head Island, is also to have the bridge load rated so
the public safety/emergency vehicles can have access to the marina docks. The existing North 55'+/-
timber bridge elevation is appx 4.7'. which is Y lower than the top of the Bald Head Island Marina
Bulkhead Cap. Low Point of creek bottom is 1.57 FMSL at center of the bridge. There is only about
2' of clearance from the bottom of the bridge structure, and it is not navigable. The South 34'+/-
Timber Bridge elevation is appx 4.9', or appx the elevation of the BHI Marina Cap. Low Point of
creek bottom is 1.8 FMSL at center of the bridge. Again, there is only about 2' of clearance from the
bottom of the bridge structure, and it is also not navigable.
Note that there are no coastal wetlands under the existing bridges. and just fringes of growth of other
vegetation outside of the bridge footprints that have crept back and thru the spaced timber deck boards
at the perimeter. The basic site upland elevations lie between 4 and 6 FMSL, i.e. very flat. Designing
a raised timber bridge such as the Timber Cart Bridge over the marsh from the Old Baldy Lighthouse
to Keelson Row had so much more length to work with and higher starting grade elevations of 6 FMSL
and then cambering up appx 3' at mid -length. That is not feasible here, and the Back Hoe/Pile Driver
required to do such a load bearing structure would be much too wide/tall to get down to the Cape
Creek Road Site.
South 34' Bridge, Aug 8, 2020 Conditions
North 55' Bridge, Aug 8 2020 Conditions
Cape Creek Marina/Boat Ramp in Background
Below showing condition of North Bridge "Deck Boards". Bridge is 11' Wide +/-.
Project Narrative: CAMA 8-18 Major Modification Request Replacement of Two Timber Bridges

env
The Marina/Boat Ramp are appx I Mile east of Old Baldy Light House, but 5.5 miles by road.
After the 2022 season, the bridges are in even worse condition.
DECEIVED
NOV 17 2072
M WILMINGTON, NC
3
Project Narrative: LAMA 8-18 Major Modification Request Replacement of Two Timber Bridges

The Marina/Permitted Ramp is part of/accessed through Middle Island Property Owner Association
0.93 acre Brunsco Parcel #26000042 aka Tract A, Map Cabinet 31, Page 245, and the Cape Creek
Road Right of Way. Tract A is a standalone parcel inside of Brunsco Parcel 26400003, which was
Gifted to the Bald Head Island Conservancy on 12-23-1991, by the late Mr. Charles Young/Young
Realty Co. Young Realty had acquired both parcels, and most if not all of what is known as Middle
Island from the Bald Head Island Corporation (this was not Bald Head Island
Limited, LLC) on 5-11-1978.
Deeds are included in the submittal. The requirement was for the Conservancy was to place signage
labelling the 26400003 "Maritime Forest Sanctuary" parcel as the "Middle Island Plantation
MARITIME FOREST SANCTUARY. Owned by. the Bald Head Island Conservancy, Inc." and to
provide a locked gate at the 264003 boundary with the Cape Creek Road right of way, and that the
Conservancy and its agents. as well as MIPOA members specifically had access rights to the Marina.
BrunsCo Map 1331-P245 Young Realty 2004 is the Cape Creek Road Right of Way in its entirety. In
2015 Young Realty deeded multiple parcels to the MIPOA (Deed Book 3647 Pages 217-219. 5-22-15,
included with this submittal). Parcels Tract 1, all of the Middle Island roads, and Tract A, the Marina
Parcel were included.
and
RECEIVED
NOV 1.7 2022
DCM WILMINGTON, NC
4
Prgjecl Narrative: CAMA 8-18 Major Modification Request Replacement of Two Timber Bridges

Note that there is a provision in the Deed to the Conservancy for Young Realty or its successors to
have a caretaker with access rights. Mr. Young's grandson David is currently filling that role. On the
Marina Tract there is an appx 20' x 40' Maintenance "Shed" with attendant gravel turn out and
laydown areas. It is this laydown/Maintenance Shed area and the gravel marina parking lot/boat trailer
storage area that will be utilized for the construction of the proposed land bridges and for during the
boat ramp replacement.
Google Earth Image 6/14/2019 of Site. Yellow Line along the Marina Dock matches the design
length. for scaling purposes. The 55'xl I' North Bridge is indicated by a circle; The 34'xl I' South
Bridge is the somewhat rectangle. The Maintenance Shed/Laydown Area can be seen to the left/west
of the gravel road. The Cape Creek Road Right of Way is flanked to both sides by the Conservancy
Parcel 26400003. North Bridge is on 26400002 Tract A. South Bridge is in the ROW Parcel
RECEIVED
NOV 17 20522
Project Narrative: LAMA 8-18 Major Modification Request Replacement of Two Titn¢m Br�dVINGTON, NC

Which brings us to this major mod request. The timber approach bridges are golf cart capable, but not
much more at this point in their lifespan. From the previous pictures, they are in poor structural shape.
Mr. Young and I had several conversations about 10 years ago, when I re -did the Middle Island Bald
Head Creek Dock. fie talked of his early days of developing Middle Island after his purchase in 1978.
1 have every reason to believe that the two timber cart bridges are original, dating back to the late 70's
or early 80's. Note that the bridges and gravel/paved roads were prior to state stormwater regulations
that came in in late 1988.
I have evaluated various structural solutions and feel that replacing the timber bridges with "land
bridges" would actually solve two issues at once. The "land bridges" would allow safe access for a
concrete truck and other heavy equipment needed to install the boat ramp. It would also allow marina
access by Village of Bald Head Island Public Safety Vehicles, i.e. police, an ambulance or a fire truck.
Right now, the larger vehicles are unable to cross the bridges. Note that there is barely Y of clearance
from creek bottom to top of bridge, 2 ft +/- from the bottom of the bridge to the creek bottom, and the e
tidal water is not navigable.
RECEIVED
NOV 17 2022
DCM WILMINGTON, NC
The South Bridge, 32.2' x I I' +/- (yellow- line) shows its positioning along Cape Creek Road.
Centerline elevations at the ends are 4.87 FMSL at the left/west end and 5.00 FMSL at the right/east
end. This is appx the same as the Bald Head Island Marina Cap. Village of Bald Head Island
minimum road elevation is 6 FMSL. but this road was built before there was a Village of Bald Head
Island (VBHI). We plan to raise the land bridges to the 6 FMS1, elevation, and grade back to the
existing cart path. The Village's Ambulances are 21' long and their fire trucks are in the 30'-34' length
range
6
Project Narrative: LAMA 8-18 Major Modification Request Replacement of Two Timber Bridges

RECEIVED
NOV 17 2022
DCM WILMINGTON, NC
Below is the North appx 54.4' Timber Bridge
It is only about 65' to the marina/boat ramp.
Project Minimalization: It need to be understood that Bald Head Island and Middle Island are
already highly minimized by their Developers/my clients, the Mitchell Family for Bald Head Island,
Limited, LLC for Bald Head Island and the late Mr. Charlie Young of Young Realty for Middle Island.
And this has carried on since the early 1980's in keeping the Island as golf carts only (except for
Public Safety vehicles. Garbage and Utility Vehicles and Construction related ICE Vehicles (Internal
Combustion Engines, i.e. trucks, which are specifically taxed to come to or to be on the island). And
through the Mitchell Family donation/sale of the 200+ acre Maritime Forest and Mr. Young's donation
of the 21 acre Maritime Forest Sanctuary.
Roads have been kept minimal, and roads/rights of way have been designed to keep large oak and
other significant vegetation or land features. Single lane roads are 10' of pavement and two-lane roads
are 12' or 16' paved width. Not the mainland 12' width typical paved lane width.
Project Narrative: LAMA 8-18 Major Modification Request Replacement of ]-we'[ Bridges

This has carried on through my work for subsequent property owners, the Bald Head Island Club. and
various Property Owner Associations over the last 22 years of doing projects on the island. Even
mainland projects are minimalized in design concept to preserve trees and natural features.
Thus, the decision to propose the replacement of the two aging timber bridges with minimalized land
load bearing land bridges was not just a convenience design. My design is for land bridges with sheet
pile sides and culverts is similar to the one at Palmetto Cove, off of Federal Road, near the Maritime
Forest. Numerically, 1 believe two 18" diam metal culvert pipes would be sufficient, but after
discussion with Stephen Boyett, he indicated that the Village would prefer the redundancy of three
culvert pipes each land bridge.
Removal of the existing preservative treated timber piles also is an ecological plus.
For reference/general information, the Bald Head Island Marina bulkhead cap was 6 FMSL when built
in the early 1980's. Under NAVD 88 it is appx 4.92 FMSL. 1 have only seentheard of it overtopping a
few times in 22 years. So, in the rare instance that hurricane or tropical storm or winter storm event at
king tide happen. the water would roll up the side slopes and possibly cover the road. Probably a good
part of the island would also have issues. Of course, the island is usually evacuated for hurricanes. and
there wouldn't/shouldn't need to be anyone accessing the marina at the height of such an event.
Emergency personnel on the island would most likely only be using their high-water vehicles. until the
water resided.
Please see my included drawings for the typical construction section(s), site drawing and various
engineering details.
We are aware that my drawings will generate a COE General Permit action for < 0.1 acres wetland
disturbance. The actual disturbed wetland square footage assumes a 12' road width phis 3' shoulder
to each side, minus the unvegetated 9' width under the existing bridges. See my included North and
South Bridge Wetland Disturbance Areas drawings WD1 & WD2.
See also the updated the MPI,MP2 & MP5 LAMA forms to I 1-16-22 and added MP3, also seal dated
I 1-I6-22. The Forms are not very appropriate for a Land Bridge, so please forgive any redundancy in
trying to answer the questions.
The project proponent hereby requests that the certifying authority review and take action on CWA
401 certification or other, (if necessary.) within the applicable reasonable period of time.
CEIVED
SEAL
15684 DCM WILMINGTON, NC
INV--
Project Narrative: LAMA 8-18 Major Modification Request Replacement of Two Timber Bridges

BCM MP-1
APPLICATION for
Major Development Permit
(last revised 12127/06)
North Carolina DIVISION OF COASTAL MANAGEMENT
1. Primary Applicant/ Landowner Information
Business Name
Middle Island Property Owners Association, Inc
Project Name (if applicable)
CAMA 8-18 Major Mod Replacement of Two Aged Timber
Bridges with Sheet Pile Sided Land Bridges
Applicant 1: First Name
MI
Last Name
Go Alan
Rayner
Applicant 2: First Name
MI
Last Name
If additional applicants, please attach an additional pages) with names listed.
Mailing Address
PO Box
City
State
1837 W. Buchanan St.
Columbia
SC
ZIP
Country
Phone No.
FAX No.
29206
USA
803-609-3417 ext.
- -
StreetAddress(ifdifferent from above)
City
State
ZIP
Email
[e-mail]
2. Agent/Contractor Information
Business Name
Bruce Marek, P.E.
Agent/ Contractor 1: First Name
MI
Last Name
Bruce
J
Marek
Agent/ Contractor 2: First Name
MI
Last Name
Mailing Address
PO Box
City
State
5489 Eastwind Rd.
Wilmington
NC
ZIP
Phone No. 1
Phone No. 2
28403
910.799.9245
ext.
910-228-2484
ext.
FAX No.
Contractor #
NC PE# 15684
Street Address (d different from above)
City
State
ZIP
RECEIVED
Email
NOV 1 1 211,"
[e-mail]
OCM WILMING T ON, NC

Form DCM MP-1 (Page 2 of 5)
APPLICATION for
<Form continues on back>
Major Development Permit
RECEIVED
NOV 17 2022
DCM WILMINGTON, NC
.�T-rl S1G-2IIOC ., a•.. +. ..•c,+.•.. ;�Iman_x ene marl Q.'1VI

Form DCM MP-1 (Page 3 of 5)
APPLICATION for
Major Development Permit
3. Project Location
County (can be multiple)
Street Address
Slate Rd. B
Brunswick
(End 00 Cape Creek Rd
Subdivision Name
City
State
zip
Tract A
Bald Head Island
NC
28461 -
Phone No.
Lot No.(s) (if many, attach additional page with list)
- - ext.
,
a. In which NC river basin is the project located?
b. Name of body of water nearest to proposed project
Cape Fear
Cape Creek
c. Is the water body identified in (b) above, natural or manmade?
d. Name the closest major water body to the proposed project site.
®Natural ❑Manmade ❑unknown
Cape Fear River
a. Is proposed work within city limits of planning jurisdiction?
f. If applicable. list the planning jurisdiction or dry limit the proposed
®Yes []No
work falls within.
Village of Bald Head Island
4. Site Description
a.
Total length of shoreline on the tract (ft.)
b. Size of entire tract (sq.ft.)
265 If +/-
0.93 Ac = 40510 at +/•
c.
Size of individual lolls)
d. Approximate elevation of tract above NHW (normal high water) or
NWL (normal water level)
(If many lot sizes, please attach additional page with a list)
3' at Bridges (4.8 FMSL); 4+' Max ONHW or ❑NWL
e.
Vegetation on tract
Coastal Barrier Island type vegetation, including Coastal and 404 wetlands along Cape Creek and its adjacent streams.
f.
Man-made features and uses now on tract
9 Slip Marina with Boat Ramp, Gravel Roads/marina golf cart parking/turn-around area/boat & trailer storage. Appx 20' x
40' Existing Maintenance Bldg with gravel driveway and laydown area.
g.
Identify and describe the existing land uses da latent to the proposed project site.
Original Developer (Charlie Young) donated adjacent propertyto the Conservancy, with the intent that the Middle Island
Propery Owners would always have access to the mannalboat ramp.
h.
How does local government zone the tract?
I. Is the proposed project consistent with the applicable zoning?
PDA (or in undesignated zone adjacent to PD-4
(Attach zoning compliance certificate. if applicable)
®Yes ONO ❑NA
I.
Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ONO
k.
Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ®NA
It yes, by whom?
1.
Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ONO ❑NA
National Register listed of eligible property? RECEIVED
<Form continues on next page>
NOV 17 2022
DCM WILMINGTON, NC
2ST-8013-2a0 r. .1 il4;"-'..h G 0 A S 1 .. wwx•.nee n;a=#altnana[Iam eni.neY

Form DCM MP-1 (Page 4 of 5)
APPLICATION for
CAHR E —
Major Development Permit
m. (i) Are there wetlands on the site? ®Yes ❑No
(ii) Are there coastal wetlands on the site? ®Yes ❑No
(iii) If yes to either (i) or (n) above, has a delineation been conducted? SYes ❑No
(Attach documenlallon, if available)
n. Describe existing wastewater treatment facilities.
Middle Island is served by Village of Bald Head Island Utilities
o. Describe existing drinking water supply source.
Middle Island is served by Village of Bald Head Island Utilities; water is from wells and from watermain to mainland
p. Describe existing storm water management or treatment systems.
Site/roads/bridges pre-exist 1988 State Stormwater Regulations; Site & Overall Island are considered as Low Density
5. Aadvhies and Impacts
a.
Will the project be for commercial, public, or private use? ❑Commercial ❑Public/Government
SPrivate/Community
b.
Give a brief description of purpose, use, and daily operations of the project when complete.
Existing two timber bridges lead to the Middle Island PDA 9 slip marina/boat ramp. The original docks were replaced under
CAMA 8-18 in 2019. The bridges are believed to be about 40 years old. Structurally, they appear to have been engineered
for golf carts and maybe an occasional pick up truck. The CAMA 8-18 Boat Ramp placement has not yet taken place.
Replacing the decrepit bridges will allow necessary construction vehicles for ramp and for Public Safety Vehicles access.
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.
Predominantly Back Hoe/Dump Truck Construction/Destruction. Then bulldozer, roller and grader for roadbed. Assume 1 of
each. Laydown inadjacent maintenance laydown area.
d.
List all development activities you propose.
Replace existing timber bridges (2) with vinyl sheet pile sided land bridges (2) with three 18" culvert pipes each. Grade
existing gravel road approach to 6 FMSL landbridge min elevation.
e.
Are the proposed activities maintenance of an existing project, new work, or both? Replacement of existing
f.
What is the approximate total disturbed land area resulting from the proposed project? 825 sf Wetlands = .02 ac; 2635 at Total
=.06 ac SSq.FI or SAcres
g.
Will the proposed project encroach on any public easement, public acoessway or other area ❑Yes SNo ❑NA
that the public has established use of?
h.
Describe location and type of existing and proposed discharges to waters of the state.
No anticipated discharges to waters of the state. Flow thru of existing shallow creek area. and possible flow over in extreme
storm events.
i.
Will wastewater or stormwater be discharged into a wetland? ❑Yes SNo DNA
If yes, will this discharged water be of the same salinity as the receiving water? ❑Yes ❑No ❑NA
j.
Is there any mitigation proposed? ❑Yes No ❑NA RECEIVED
If yes, attach a mitigation proposal. t1% ` GCON146yini
<Form continues on back>
NOV 17 2022
Il(;M lhlll nAlhlr-Te!!0 n)r,
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Form DCM MP-1 (Page 5 of 5)
APPLICATION for
"00 e-It
Major Development Permit
6. Additionallnformadon
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 property 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. G L w Il-
c. A site or location map that is sufficiently detailed to guide agen personnel unfamiliarwith 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. k/
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 Said Head Island Conservancy, Inc Phone No. 910-338-0910
Address P.O. Box 3109, Bald Head Island, NC 29461
Name State of North Carolina State Property Office Phone No.
Address 1321 Mail Service Center, Raleigh, NC 27699-1321
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.
CAMA 8-18, issued 1.12-18 NC DWR Project No. 2017-0891
U.S. Army COE Action ID No. SAW-200200917
h. Signed consultant or agent authorization form. if applicable.
i. Welland delineation, if necessary.
j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must he signed bypropedy owner)
k. A statement of compliance with the N.C. Environmental Policy AG (N.C.G.S. 113A 1-10). if necessary. 1f the project involves expenditure
of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act.
1 7. CertiHcatlon and Permission to Enter on Land I
t 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.
I further certify that the information provided in this application is truthful to the best of my knowledge.
Date _614121_Updated 11-16-22 per comments_ Print Name _Bruce Marek, P.E.
Signature tf6 p
Please indicate application attachments pertaining to your proposed project.
®DCM MP-2 Excavation and Fill Information ®DCM MP-5 Bridges and Culverts RECEIVED
ODCM MP-3 Upland Development
❑DCM MP-4 Structures Information
Nov 17 2022
9-
DCM WILMINGTON, NC
?52 8rJ A-2806 1-888-411COASY tv ev w.:•r.c„..s ra9mana emene. o. e4

Form DCM MP-2 C/}MA ?-IF
EXCAVATION and FILL
(Except for bridges and culverts)
Attach this form to Joint Application for CAMA Major Permit, Form DCM MP-1. Be sure to complete all other sections of the Joint
Application that relate to this proposed project. Please include all supplemental information.
Describe below the purpose of proposed excavation and/or fill activities. All values should be given in feet.
Access
Other
Channel
Canal
Boat Basin
Boat Ramp
Rock Groin
Rock
(excluding
(NLW or
Breakwater
shoreline
NWL
stabilization
Length
N 55'+/-
S 35' +/-
Width
N 18'+/-
S 18'+/-
Avg. Existing
N .8'to NHW
Depth
NA
NA
S .8' to NHW
Final Project
Fill btwn
Depth
NA
NA
Sheet Pile to
6'road elev
1. EXCAVATION ®This section not appficable
a. Amount of material to be excavated from below NHW or NWL in b. Type of material to be excavated.
cubic yards.
c (i) Does the area to be excavated include coastal wetlandstmarsh
(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
❑WL []None
(ii) Describe the purpose of the excavation in these areas.
2. DISPOSAL OF EXCAVATED MATERIAL
a. Location of disposal area.
c. (i) Do you claim title to disposal area?
❑Yes ❑No ❑NA
(ii) If no, attach a letter granting permission from the owner
d- High -ground excavation in cubic yards.
®This section not applicable
b. Dimensions of disposal area.
d. (i) Will a disposal area be available for future maintenance?
❑Yes ❑No ❑NA
(ii) If yes, where?
e. (i) Does the disposal area include any coastal wetlands/marsh I.
(CW), submerged aquatic vegetation (SAV), shell bottom (SB),
or other wetlands (WL)? If any boxes are checked, provide the
number of square feel affected.
❑CW ❑SAV []SB
❑WL []None
(h) Describe the purpose of disposal in these areas,
(i) Does the disposal include any area in the water?
[]Yes ❑No ❑NA
(ii) If yes. how much water area is affected?
RECEIVED
NOV 17 2022
:S' 3klil ki --i: iih 5ii f),�_=. ,.� ,ytaL ge ^r'_,�? e•p 4. GN,

port' OCIA MP-2 (Excavation And Fill, Page 2 of 3)
6
3.4P11101PUMM STABILIZATION [I This section not applicable
(if development is a wood groin, use MP-1— Structures)
a. Type of sherelin&stabilization: b. Length: 5 on 8 riorao'batcheV at land bridge corners x4x2= 40sf
[]Bulkhead ®Riprap 08reakwater/Sill []Other: _ Width:
c. Average distancewaterward of NHW or NWL- at land bridge d. Maximum distance waterward of NHW or NWL:
corners & below water level under culvert pipe ends: 100 sf total
e. Type of stabilization material:
riprap
I. (i) Has there been shoreline erosion during preceding 12
months?
[]Yes ❑No ®NA
(ii) If yes, state amount of erosion and source of erosion amount
information.
g. Number of square feet of fill to be placed below water level. h. Type of fill material.
Bulkhead backfill _ Riprap 5sf'3 oioes'2 ends'2=60sf Clean Rubble or Quarry Rock, various sae per final site
Breakwater/Sill Other conditions
i. Source of fill material.
OH Island quarry or landscape purchase, or local created rubble
4. OTHER FILL ACTIVITIES ❑This section not applicable
(Excluding Shoreline Stabilization)
a. (i) WII fill material be brought to the site? ®Yes []No ❑NA b. (i) Wit fill material be placed in coastal wetlandslmarsh (CW),
If yes,
(ii) Amount of material to be placed in the water 860x1'=33cv
IN) Dimensions of fill area North Bridge 470 sf=18'x26.1';
South Land Bridge 390 of =18x21.67'
(iv) Purpose of fill
Replacing existing aged limber bridges with sheet pile
bulkheaded land bridges (two). North Bridge Total Fill Appx
55xl8'x5"=4950 cf =185 cy;South 35xl8x5'=3150 ct=120cy
Plus road transitions taper to land bridge 6 FMSL elevation
S. GENERAL
a. How will excavated or fill material be kept on site and erosion
controlled?
Existing gravel laydown area &/ or directly placed between vinyl
sheet pile sides..
c. (i) Will navigational aids be required as a result of the project?
❑Yes ®No ONA
(it) If yes, explain what "and how they will be implemented.
submerged aquatic vegetation (SAV), shell bottom (88), or
other wetlands (WL)? If any boxes are checked. provide the
number of square feet affected.
0CW 540 sf ❑SAV ❑SB _
EVIL 285sf ❑None
(ii) Describe the purpose of the fill in these areas:
CW = Coastal Wetland Only: N 290 sf+S 260 of = 540 sf
WL = Joint N 195 sf + Joint S 90 of = 285 sf.
b. What type of construction equipment will be used (e.g.,
backhoe, or hydraulic dredge)?
Back hoe, dump truck s), bull dozer, roller, grader
d. (i) Will wetlands be crossed in transporting equipment to project
site? ❑Yes ®No []NA
(ii) If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Note: Proposed Land Bridges allow for Police/Fire Vehicle
access to Cape Creek Marina, plus facilitate the on -site
construction of CAMA 8-18 Concrete Soot Ramp replacement
RECEIVED
�.. 39ti.fk.lfS :: t-3ft8-.91tLa?A by :2.i:

6-4-21 updated 11-16-22
Date
CAMA 18-8 Major Mod Replacement of Two Timber Bridges
Project Name
Bruce Marek• P.E., for Middle Island Property wners Association
Applicant Name -.. .
Applicant Sg re ?I
P
156H4
'�:� • ca.r,1 Fi .,
RECEIVED
NOV 17 2022
DCM WILMINGTON, NC
ry0 ;__ rnciscsI: I? zGOt

Form DCM MP-3 C 410,4 kgel
UPLAND DEVELOPMENT
(Construction and/or land disturbing activities)
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.
GENERAL UPLAND DEVELOPMENT
a. Type and number of buildings, facilities, units or structures b. Number of lots or parcels.
proposed. 1
Upland development is in conjunction with proposed
replacement of aged timber bridges, qty 2, sheet pile sided
land bridges, similar to at Palmetto Cove, for access tho
Middle Island POA's 9 slip Cape Creek Marina and boat
ramp. Existing North Bridge road elevation is 4.54 FMSL
and South Bridge 4.83. Village of Bald Head Island road
standard for new roads/bridges is 6 FMSL. This dictates a
vertical road taper to blend existing grandfathered roads to
new top of land bridge. Work to be kept within 20' of bridge
ends.
c. Density (give the number of residential units and the units per
acre).
N/A
e. If the proposed project will disturb more than one acre of land, the
Division of Land Resources must receive an erosion and
sedimentation control plan at least 30 days before land -disturbing
activity begins.
(i) If applicable, has a sedimentation and erosion control plan been
submitted to the Division of Land Resources?
❑Yes ❑No ®NA
(ti) If yes, list the date submitted:
g. Give the percentage of the tract within the coastal shoreline AEC to
he covered by impervious and/or built -upon surfaces, such as
pavement, building, rooftops, or to be used for vehicular driveways
or parking.
No real change from existing.
i. Give the percentage of the entire tract to be covered by impervious
and/or built -upon surfaces. such as pavement, building, rooftops,
or to be used for vehicular driveways or parking.
0.93 Acre site = 40500 sf+/_ Existing 17600 sf+/_= 43%
Note: tract is mostly a 30' road right of way leading to
marina, carved out from a larger 0% impervious
Conservancy Area
d. Sae of area to be graded, filled, or disturbed including roads,
ditches, etc.
North Bridge South End 300 sf; north end 235 sf
Soth Bridge west end 265 sf; east end 260 sf;Both Total
1060 at.
f. List the materials (such as marl. paver stone, asphalt, or concrete)
to be used for impervious surfaces.
sandfmarlfabc stone
h. Projects that require a CAMA Major Development Permit may also
require a Stormwater Certification.
(i) Has a site development plan been submitted to the Division of
Water Duality for review?
[]Yes ❑No ®NA
(ii) If yes, list the date submitted:
RECEIVED
NOV 17 2022
DCM WILMINGTON, NC
':.:.,::If .. G' f,r eJ;c 1 , y:,'.0 -.t •.fl:f ll:, y -'; :. . 2 >GlOS

FOrl'" DICp i? RPIP-'` itlpUlind DPvclowlit:nt, Poge 2 of 2) l -4A- ,f e-Ir
j. Describe proposed method of sewage disposal.
Replacement of existing timber bridge project. No Sewage.
1. Describe location and type of proposed discharges to waters of the
state (e.g., surface runoff, sanitary wastewater, industriall
commercial effluent, 'wash down" and residential discharges).
No real change from existing road surface runoff
m. Describe proposed drinking water supply source (e.g., well,
community, public system, etc.)
Village of Bald Head Island Utilities Company
o. When was the lolls) platted and recorded?
1978; Then transferred to Middle Island Property Owners
Association by Developer in 2015
11-16-22
Date
CAMA 8-18 Major Mod Replacement of Two Aged Timber Bridges
with Sheet Pile Sided Land Bridges
Project Name
Bruce Marek, RE
Applcant Name 1 �'
Applicant Signature %?�" /�'7�� • yj2.• N i
k. Have the facilities described in Item (i) received state or local
approval?
❑Yes ❑No NNA
If yes. attach appropriate documentation.
m. Does the proposed project include an innovative stormwater
design?
[]Yes []No NNA
If yes, attach appropriate documentation.
n. (i) Will water be impounded? ❑Yes NNo ❑NA
(n) If yes, how many acres?
p. If proposed development is a subdivision, will additional utilities be
installed for this upland development?
[]Yes ❑No NNA
RECEIVED
NOV 17 2022
DCM WILMINGTON, NC
reviaed: i2t2E,'rtEi

Form DCM MP-5 6414h
BRIDGES and CULVERTS
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. BRIDGES ❑This section not applicable
a. is me proposed bridge:
[]Commercial ❑Public/Government ®Private/Community
c. Type of bridge (construction material):
Land Bridge Replacement of Existing Timber Bridges
e. (i) Will proposed bridge replace an existing bridge? ®Yes ❑No
If yes,
III) Length of existing bridge: North Bridge 54 4''South 32 2'
(iii) Width of existing bridge: 11'+/-
(iv) Navigation clearance underneath existing bridge: <2'
(v) Will all, or a part of, the existing bridge be removed?
(Explain) All
9- Length of proposed bridge: North Bridge 55'+/ South 35'+/-
i. Will the proposed bridge affect existing water flow? ®Yes ❑No
If yes, explain: Intent is for Emergency Vehicle Rated
Capacity; land bridges with culverts are proposed
k Navigation clearance underneath proposed bridge: none7e7
b. Water body to be crossed by bridge:
Cape Creek, Middle Island, Bald Head Island, NC 28481
d- Water depth at the proposed crossing at NLW or NWL:
About Vat low point of channel
f. (i) Will proposed bridge replace an existing culvert? ❑Yes ®No
If yes,
(ii) Length of existing culvert:
(iii) Width of existing culvert:
(iv) Height of the top of the existing culvert above the NHW or
NWL:
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
h. Width of proposed bridge: 12' At Road Surface' 18' Oul to out
). Will the proposed bridge affect navigation by reducing or
increasing the existing navigable opening? ❑Yes ®No
If yes, explain: Not Navigable
L Have you contacted the U.S. Coast Guard concerning their
approval? ❑Yes ®No
If yes, explain:
m. Will the proposed bridge cross wetlands containing no navigable n. Height of proposed bridge above wetlands: Land Bridge
waters? ®Yes ❑No
If yes, explain: It is appx <2' to NHW; 3' to Creek
BoltomAppx <1'
2. CULVERTS ❑This section not applicable
a. Number of culverts proposed: Three Each Land Bridge b. Water body in which the culvert is to be placed:
Cape Creek RECEIVED
NOV 17 2022
252-S;re ':30R :. tEthR ":: nr. nce .t;.i;.,:.r,- ...... LIM WILMINGTQNs,NQ,.2C;:3t.

F OFT" Df:IY1 MIP-5 (ftridges s,nd Culverl�. ',:•;, •)
< Form continues on back>
C. Type of culvert (construction material):
Corrugated Metal with Concrete Headwalls
d. (i) Will proposed culvert replace an existing bridge?
®Yes ❑No
If yes,
(III Length of existing bridge: 54.4'N. 32 2'S
(iii) Width of existing bridge: 11'+1_
(iv) Navigation clearance underneath existing bridge: 2
(v) Will all, or a part of, the existing bridge be removed?
(Explain) Yes. Proposal is to replace with land
bridges, sheet pile sided to minimize impacts
f. Length of proposed culvert: 20' nominal pipe length
h. Height of the top of the proposed culvert above the NHW or NWL.
1'
j. Will the proposed culvert affect navigation by reducing or
increasing the existing navigable opening? Oyes NNo
If yes, explain:
e. (i) Will proposed culvert replace an existing culvert?
❑Yes NNo
If yes,
(ii) Length of existing culvert(s):
(iii) Width of existing culvert(s):
(iv) Height of the top of the existing culvert above the NNW or
NWL:
(v) Will all, or a part of, the existing culvert be removed?
(Explain)
g. Width of proposed culvert: 18" Nominal Diameter Culvert Pice
t. Depth of culvert to be buried below existing bottom contour.
Culvert to be appx set on creek bottom
k. Will the proposed culvert affect existing water flow?
❑Yes NNo
If yes, explain:
3. EXCAVATION and FILL ❑This section not applicable
m ! Ui= pieaemnnt or me proposea oriage or culvert require any
excavation below the NHW or NWL? Byes ❑No
If yes.
(ii) Avg. length of area to be excavated: 20'
(iii) Avg. width of area to be excavated: 3' Bucket W x 6 Pipes
(iv) Avg, depth of area to be excavated: V to create level bed
(v) Amount of material to be excavated in cubic yards: 14
b. (i) Will the placement of the proposed bridge or culvert require any
excavation within 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.
NCW 1985f ❑SAV ❑SB
OWL _ ❑None
(ii) Describe the purpose of the excavation in these areas:
Only to create level bedding for pipe. Assuming
backhoe with 3' bucket width "scraping" but may be
hand dig. Y of each 20' pipe length is unvegetated. 11'
x3'x6 pipes = 198 at
RECEIVED
NOV 17 2022
DCM WILMINGT'ON, NC
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i 0rM QGM NIP-5 it gnidgrs Pmrl Cidvorts, Pane 3 of 4) "/"%/f ' r.�,,/
(i) Will the placement of the proposed bridge or culvert require any
high -ground excavation? []Yes ®No
If yes,
(ii) Avg. length of area to be excavated: _
(iii) Avg. width of area to be excavated: _
(iv) Avg. depth of area to be excavated: _
(v) Amount of material to be excavated in cubic yards:
d. If the placement of the bridge or culvert involves any excavation, please complete the following.
(i) Location of the spoil disposal area:
00 Dimensions of the spoil disposal area: _
(iii) Do you claim title to the disposal area? []Yes []No (ff no. attach a /effergranting permission from the owner.)
IN) Will the disposal area be available for future maintenance? ❑Yes ❑No
(v) Does the disposal area include any coastal wetlands/marsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell
bottom (SB)?
❑CW ❑SAV OWL ❑SB []None
If any boxes are checked, give dimensions if different from (ii) above.
(vi) Does the disposal area include any area below the NHW or NWL? ? ❑Yes ❑No
If yes, give dimensions if different from (ii) above.
(i) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item of above) to
be placed below NHW or NWL? ®Yes ONO
If yes,
(ii) Avg. length of area to be filled: 55' North & 35' South
(iii) Avg. width of area to be filled: 18'
(iv) Purpose of fill: Fill between the sheet pile sides; Appx
Avg 5' depth; North Bridge = 185 Cu yds; South=120 cy
g. (i) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed on high -ground? ®Yes ❑No
If yes,
(ii) Avg. length of area to be filled 20' road laPer x 4 ends
Oil) Avg. width of area to be filled: 10'
(iv) Purpose of fill: Existing N Bridge Elev 4.54'; South 4.83'
VBHI Standard is now 6 FMSL. Taper raise existing road
grade to Land Bridge Road Elevation 6, within 20' of
bridge
(i) Will the placement of the proposed bridge or culvert result in any
fill (other than excavated material described in Item d above) to
be placed within coastal wetlands/marsh (M. submerged
aquatic vegetation (SAV), shell bottom (SB), or other wetlands
(WL)? If any boxes are checked, provide the number of square
feet affected.
®CW 540 at ❑SAV ❑SB
OWL 285 at ❑None
00 Describe the purpose of the excavation in these areas:
CW = CW only:North 290; South 250; Total = 540 at
WL = Joint WL: North 195; South 90; Total = 285 sf
RECEIVED
NOV 17 2022
I)CM WILMINGTON, NC
252 ti08.280E :. 18884RCOASY vtvrw_r.�c U.�zaintanrt �,ratnc,r mvisr_d YG'2fiiPtr

F'orn-i DGM NIP-5 (Bridges and cuivrvte. Pago 4 of A)
4. GENERAL
a. vvni me proposed protect require the relocation of any existing
utility lines? ®Yes ❑No
If yes, explain: Exist water & electric will be placedd
underground instead of suspended under bridge, in the
non wetland fill area under the land bridge
It this portion of the proposed project has already received
approval from total authorities. please attach a copy of the
approval or cenilication
Will the proposed project require the construction of any temporary
detour structures? ❑Yes ®No
If yes, explain.
< Form continues on back>
c. Will the proposed project require any work channels? d How will excavated or fill material be kept on site and erosion
❑Yes ®No controlled?
If yes, complete Fomt DCM-MP-2. There are existing gravelled areas on site at the
maintenance shed and for boat/trailer out of water
storagelgolf cart parking for the marina. These stable
areas will be utilized for material laydown.
e. What type of construction equipment will be used (for example,
dragline, backhoe, or hydraulic dredge)?
Back Hoe, Dump trucks, Bull Dozer,Grader, Roller
g. Will the placement of the proposed bridge or culvert require any
shoreline stabilization? ®Yes ❑No
If yes. complete form MP-2. Section 3 for Shoreline
Stabilization only.
6-4-21 Updated 11-16-22
Date
CAMA 8-18 Major Mod Replacement of Two Existing Timber
Bridges with Public Safety Vehicle Safe Land Bridges
Project Name
Bruce Marek, P.E. Authorized Agent for Middle Island POA
Applicant Name
Will wetlands be crossed in transporting equipment to project site?
❑Yes ®No
If yes, explain steps that will be taken to avoid or minimize
environmental impacts.
Note: Intent is to utilize existing timber bridges to acess
site. So wetlands won't be crossed when transporting
equipment to site, per say, but placement of the
concrete headwalls will undoubtedly require some
minimal incursion into the wetland outside of the actual
fill footpring.
Applicant Signature �'3�p•• tee,';,
15084 �� �c2,
RECEIVED ihlEIF
NOV 17 2022 "11.11101
WILMINGTON NC
l�,eti: i0:tpni;

) https./"edocs.deq.nc.gov. Fonns.lForm/Submit
Thank you!
Prim Emai
RECEIVED
JUN 11 2n
DCM WILMINGTON, NC

httPs//edomdeq.nc.gov/roms/Form/Submit
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IMrvidual Permit
Shoreline staba¢a0on
goes we Peed Noe an ewsdrg project! WT'
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401 WaIef.Quafry CeddiCatiut - Express
9 MaGlcafion
please alit aNevsGg project ID's asscebmd wins Mis prg ifs-'
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DoY.I newthe rune of the stag menibin you would kkeb request a nreetiry with?
Chad Cobm
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of Cape JcRwd 55 nay aomRA Mama.l=mn OR Manna fake. god cart easgard Slag Noih Bap Heed W/id,
M Federal Road d old Iig�setlwnce naM .o Sath Effi Beach Read to Mitlde!shod,: Men Eat Readh Oda to
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Slips ware replatetl M 2gig, prior b Ilumwre Daiae- Pandesnc en 2N0 delayetl awing iahwad m replacement Nbdat
ramp. For it ol reasons as iod®ted n CAAIA subndted Project Namawm best Mleomfir a Mr now" boat rang is lard
based appwcn Geeing larye emu hbargelcone rood Ceps Creec h site s pmblanakc 0hired! me M aped
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CapeG Mama. Norge ales apex 55x11 1': Sorts 34x1 V To Bd heavye poard to ramp. beiges need rephcemeM.
win sonhtlhn0 a1 least f420 Load Bealby Capady. Site F]evatiwr s aqa 5 FMBI TCae h ody about 2' daTrance fmrn
omobg uder of orb m A u of Wgh b idol bodan t Creek branch. They are not nasdgsbM
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srl wsoMrlon. ABerwrching manbas and dvirvg MRgge of Said Head bled Buadirg Inspa .Threetor-
dameterhneplcuhmosore impesed for each MM Oki, WE cenveemed to CAMA on CAMA U. 1,4od,subrofed3.1-
21 as to read Majdn Mod. Ekk, GAMS Mons ewiabie m Mek%byte do nod notion Ws rww pm ri, request ram.
VJ.Us p"isbict Manager nhewiorseC Ih[s � t subhi4`ed Map Mnd Appicaian 6421. Cermsnl today wm M Ne.
By digitally Signing below, I certify Met I have read and understood that per the Federal Clean Water Act Section
401 Certification Rule the following statemerds:
• This form couggeles the requiement of the Ping Meeting Request in the Clean Water Act Secton 401
Cerificaion R.I.
• I understand by signing this form that I cannot submit my appficabon unM 30 calendar days after this prefigng
meegng request-
• I also understand Mat DWR is not required to respond or grant the meeting requ"L
Your project's thkty-0ay clock started upon receipt ofM* appicabon. You wig receive notification regarding meeting
location and fine g a meeting Is necessary You wit receive notification when the thirty day dock has expired, and you
can submit an aPpl..bcn.
SlpuWre' �d,�
Sudniltal Oah N112021
JUN 11 ZV
DCM WILMING-ToIq NL

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
NORTH CAROLINA
Environmental Quality
November 28, 2022
Middle Island POA, Inc.
c/o Mr. Bruce Marek
5489 Eastwind Road
Wilmington, NC 28403
Dear Mr. Marek:
The Division of Coastal Management hereby acknowledges receipt of your application submitted on behalf of Middle
Island Property Owners Inc. for State approval to replace two timber bridges with land bridges located adjacent to
Cape Creek on Bald Head Island Brunswick County. It was received as complete on November 17, 2022 and
appears to be adequate for processing at this time. The projected deadline for making a decision is January 31,
2023. An additional 75-day review period is provided by law when such time is necessary to complete the review. If
you have not been notified of a final action by the initial deadline stated above, you should consider the review period
extended. Under those circumstances, this letter will serve as your notice of an extended review. However, an
additional letter will be provided on or about the 75th day.
If this agency does not render a permit decision within 70 days from November 17, 2022 you may request a meeting
with the Director of the Division of Coastal Management and permit staff to discuss the status of your project. Such a
meeting will be held within five working days from the receipt of your written request and shall include the property
owner, developer, and project designer/consultant.
NCGS 113A-119(b) requires that Notice of an application be posted at the location of the proposed development.
Enclosed you will find a "Notice of Permit Filing" postcard which must be posted at the property of your proposed
development. You should post this notice at a conspicuous point along your property where it can be observed from
a public road. Some examples would be: Nailing the notice card to a telephone pole or tree along the road right-of-
way fronting your property; or at a point along the road right-of-way where a private road would lead one into your
property. Failure to post this notice could result in an incomplete application.
An onsite inspection will be made, and if additional information is required, you will be contacted by the appropriate
State or Federal agency. Please contact me if you have any questions and notify me in writing if you wish to receive
a copy of my field report and/or comments from reviewing agencies.
Sincerely,
Tara MacPherson
District Manager
cc: Cameron Luck, DCM USACE Holley Snider, DWR
Stephen Boyette, VBHI Alan Rayner, Middle Island POA
ranm cwoura
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North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office , 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

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ROY COOPER
Governor
NORTH CAROLINA
Environmental Ouolip,
December 2, 2022
[e-mail]
2 Pages
Star News
Legal Advertisement Section
Re: Major Public Notice for:
• Middle Island POA, Inc.
ELIZABTH BISER
Secretary
BRAXTON DAVIS
Director, Division of Coastal Mancgemenl
Hello: Please publish the attached Notice in the Wednesday, December 7, 2022 issue.
The State Office of Budget & Management requires an original Affidavit of Publication prior to payment for
newspaper advertising.
Please send the original affidavit and invoice for payment to Tanya Pietila at the NC Division of Coastal
Management, 127 Cardinal Drive Extension, Wilmington, NC 28405, 910-796-7226
(Customer No. 489895).
Thank you for your assistance in this matter. If you should have any questions, please contact me at our
Wilmington office. /1\
cc:
Support & Customer Assistance
MHC Files
Cameron Luck — MHC
USACE
State of North Carolina I Environmental Quality I Coastal Management
127 Cardinal Drive Ext., Wilmington, NC 28405 919 796 7215

NOTICE OF FILING OF
APPLICATION FOR CAMA MAJOR
DEVELOPMENT PERMIT
The Department of Environmental Quality hereby gives public notice as required by NCGS 113A-
119(b) that the following applications were submitted for development permits in Areas of Environmental
Concern as designated under the CAMA: On November 28, 2022, Middle Island POA, Inc. proposed to replace
two old timber bridges with sand and gravel based land bridges with culverts resulting in wetland fill at the
Cape Creek Road (Tract A) access to the Middle Island POA Dock & boat ramp, adji, to the Cape Fear River
on Bald Head Island, Brunswick County. Copies of these applications can be examined or copied at the office
of Tara MacPherson N.C. Dept. of Environmental Quality, Division of Coastal Management, 127 Cardinal Drive
Ext., Wilmington, NC 28405, [phone] during normal business hours.
Comments mailed to Braxton C. Davis, Director, Division of Coastal Management, 400 Commerce
Avenue, Morehead City, NC 28557-3421, prior to December 28, 2022 will be considered in making the permit
decision. Later comments will be accepted and considered up to the time of permit decision. Project
modification may occur based on review and comment by the public and state and federal agencies. Notice of
the permit decision in these matters will be provided upon written request.

AGENT AUTHORIZATION FOR CAMA PERMIT APPLICATION
Name of Property Owner Requesting Permit: Middle Island Property Owners Assoc Inc.
Mailing Address:
P.O. Box 3362
Bald Head Island, NC 28461
Phone Number: 803-609-3417
Email Address:
[e-mail]
I certify that I have authorized Bruce Marek, P.E.
Agent / Contractor
to act on my behalf, for the purpose of applying for and obtaining all CAMA permits
necessary for the following proposed development: CAMA 8-18 replace marina ramp,
necessitating major mod to replace existing timber bridges w land bridges to carry constr weight
at my property located at Bald Head Island
,
in Brunswick County.
/ furthermore certify that l am authorized to grant, and do in fact grant permission to
Division of Coastal Management staff, the Local Permit Officer and their agents to enter
on the aforementioned lands in connection with evaluating information related to this
permit application.
Property Owner Information:
Signature
Print or Type Narne
Title
S / Y /21
Date
RECEIVED
JUN 0 9 7�1�
This certification is valid through S I `f 1 A
DCM WILMINGTON, NO

MIDDLE ISLAND PROPERTY OWNERS ASSOCIATION, INC
CAMA 8.18 MAJOR MODIFICATION
ADJACENT NEIGHBOR NOTIFICATION CERTIFIED MAIL
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Bruce Marek, P.E.
5489 Eastwind Rd Wilmington, NC 28403
[e-mail]
910.799-9245, Cell 910-228-2484
June 4, 2021
Re: CAMA 8-18 Major Modification Adjacent Property Owner Notification: Middle
Island Property Owners Association, Inc. (Bald Head Island, NC) Replacement of Two
Timber Bridges
State of North Carolina State Property Office
1321 Mail Service Center By: Certified Mail
Raleigh, NC 27699-1321
Dear Property Owner:
The Middle Island Property Owners Association, Inc. (MIPOA) has asked me to seek a modification
(Major Mod) to its existing CAMA Major Permit 8-18, which was issued in January 2018 for the
replacement of the aging marina docks and boat ramp at its Cape Creek Marina, at the end of Cape
Creek Road. The permit allows, in "Additional Conditions" (#14). "The boat ramp shall either be
poured at an upland location and pushed into place once hardened, or poured in poured entirely within
a watertight containment structure", and (NOTE:). "Future development of the permittee's property
may require a modification of this permit. Contact a representative of the Division ... prior to
commencement of any such activity for this determination ..."
The 9 Slip Marina docks were replaced in 2019. The replacement of the ramp remains, and I have
been retained to oversee this phase of construction.
The boat ramp engineering, by Chisler/Troutman & Associates, is similar to the Village of Bald Head
Island Boat Ramp on Bald Head Creek at the Kayak Launch Site along North Bald Head Wynd. The
problem is, that the two appx 40 year old timber bridges, on Tract A, Parcel 26000042 are barely fit for
golf carts and an occasional maintenance pick-up truck; definitely not load rated for the concrete trucks
needed to construct the ramp as was done for the Village. Alternately, even pre -cast concrete panels
are problematic, as to not only size/weight, and having to be barged to the island, a relatively long
reach crane will be needed to place in the permitted location. I have discussed about doing this by
water from a barge, but the crane size requires a large enough barge that Cross Creek creek access is an
issue. So, it led to the discussions/request for replacing the aging bridges.
A desire of the MIPOA, and the Village of Bald Head Island, is also to have the bridge load rated so
the public safety/emergency vehicles can have access to the marina docks. The existing North 55'+/-
timber bridge elevation is appx 4.7% which is 3" lower than the top of the Bald Head Island Marina
Bulkhead Cap. Low Point of creek bottom is 1.57 FMSL at center of the bridge. There is only about
2' of clearance from the bottom of the bridge structure, and it is not navigable. The South 34'+/-
Timber Bridge elevation is appx 4.9', or appx the elevation of the BHI Marina Cap. Low Point of
creek bottom is 1.8 FMSL at center of the bridge. Again, there is only about 2' of clearance from the
bottom of the bridge structure, and it is also not navigable.
RECEIVED
U N it 4p�agei 1
CAMA 8-18 Major Mod Request Adjacent Property Owner Notification 6-4-21 BMPE
i7CM WILMINGTON, NC

Note that there are no coastal wetlands under the existing bridges, and just fringes of growth of other
vegetation outside of the bridge footprints that have crept back and thru the spaced timber deck boards
at the perimeter. The basic site upland elevations lie between 4 and 6 FMSL, i.e. very flat. Designing
a raised timber bridge such as the Timber Cart Bridge over the marsh from the Old Baldy Lighthouse
to Keelson Row had so much more length to work with and higher starting grade elevations of 6 FMSL
and then cambering up appx 3' at mid -length. That is not feasible here, and the Back Hoe/Pile Driver
required to do such a load bearing structure would be much to wide/tall to get down to the Cape Creek
Road Site.
It was decided to build land bridges with culverts, similar to the two at the Bald Head Island Villas.
Those can handle garbage trucks, concrete trucks, fire trucks and other emergency vehicles. And are
minimal impact.
As you are a next adjacent riparian property
owner/representative to MIPOA's Brunswick County
/ Tax Parcel 26000042 at State of North Carolina
Brunswick County Parcel 26000001, I am required to
notify you in order to give you the opportunity to
comment on the project.
l -- I have included the Division of Coastal Management
'•, Adjacent Riparian Property Owner Statement Form.
If you care to comment, please notify Ms. Tara
n° `I MacPherson, CAMA District Manager at the North
Carolina Division of Coastal Management, 127
\� » Cardinal Drive Extension, Wilmington, NC 28405.
You may also contact Tara direct at 910-796-7266. I have included an addressed envelope with this
mailing, or you may e-mail the form to [e-mail]. Non -response after 30 days is
considered acceptance. If you have no objection, e-mailing your form saves the waiting period.
If you wish to further discuss, you may contact me at the page 1, top contact information.
;O�Ftissioti!4.9 ;
SEAL
15684
Sincerely,
9Gc!��INEEP r RECEIVED
Bruce Marek, P.E. JUN 0 9 2021
DCM WILMINGTON, NC
Page 2
CAMA 8-18 Major Mod Request Adjacent Property Owner Notification 6-4-21 BMPE

Bruce Marek, P.E.
5489 Eastwind Rd Wilmington, NC 28403
[e-mail]
910-799.9245, Cell 910-228-2484
June 4, 2021
Re: CAMA 8-18 Major Modification Adjacent Property Owner Notification: Middle
Island Property Owners Association, Inc. (Bald Head Island, NC) Replacement of Two
Timber Bridges
Mr. Chris Shank By: Certified Mail & E-Mail
Bald Head Island Conservancy, Inc.
P.O. Box 3109
Bald Head Island, NC 28461
Dear Property Owner:
The Middle Island Property Owners Association, Inc. (MIPOA) has asked me to seek a modification
(Major Mod) to its existing CAMA Major Permit 8-18, which was issued in January 2018 for the
replacement of the aging marina docks and boat ramp at its Cape Creek Marina, at the end of Cape
Creek Road. The permit allows, in "Additional Conditions" (#14). "The boat ramp shall either be
poured at an upland location and pushed into place once hardened, or poured in poured entirely within
a watertight containment structure", and (NOTE:). "Future development of the permittee's property
may require a modification of this permit. Contact a representative of the Division ... prior to
commencement of any such activity for this determination ..."
The 9 Slip Marina docks were replaced in 2019. The replacement of the ramp remains, and I have
been retained to oversee this phase of construction.
The boat ramp engineering, by Chisler/Troutman & Associates, is similar to the Village of Bald Head
Island Boat Ramp on Bald Head Creek at the Kayak Launch Site along North Bald Head Wynd. The
problem is, that the two appx 40 year old timber bridges, on Tract A, Parcel 26000042 are barely fit for
golf carts and an occasional maintenance pick-up truck; definitely not load rated for the concrete trucks
needed to construct the ramp as was done for the Village. Alternately, even pre -cast concrete panels
are problematic, as to not only size/weight, and having to be barged to the island, a relatively long
reach crane will be needed to place in the permitted location. I have discussed about doing this by
water from a barge, but the crane size requires a large enough barge that Cross Creek creek access is an
issue. So, it led to the discussions/request for replacing the aging bridges.
A desire of the MIPOA, and the Village of Bald Head Island, is also to have the bridge load rated so
the public safety/emergency vehicles can have access to the marina docks. The existing North 55'+/-
timber bridge elevation is appx 4.7', which is 3" lower than the top of the Bald Head Island Marina
Bulkhead Cap. Low Point of creek bottom is 1.57 FMSL at center of the bridge. There is only about
2' of clearance from the bottom of the bridge structure, and it is not navigable. The South 34'+/-
Timber Bridge elevation is appx 4.9', or appx the elevation of the BHI Marina Cap. Low Point of
creek bottom is 1.8 FMSL at center of the bridge. Again, there is only about 2' of clearance from the
bottom of the bridge structure, and it is also not navigable.
RECEIVED
CAMA 8-18 Major Mod Request Adjacent Property Owner Notification 6-4-21 BMPE JUNpOg% 11021
DCM WILMINGTON, NC

Note that there are no coastal wetlands under the existing bridges, and just fringes of growth of other
vegetation outside of the bridge footprints that have crept back and thru the spaced timber deck boards
at the perimeter. The basic site upland elevations lie between 4 and 6 FMSL, i.e. very flat. Designing
a raised timber bridge such as the Timber Cart Bridge over the marsh from the Old Baldy Lighthouse
to Keelson Row had so much more length to work with and higher starting grade elevations of 6 FMSL
and then cambering up appx 3' at mid -length. That is not feasible here, and the Back Hoe/Pile Driver
required to do such a load bearing structure would be much to wide/tall to get down to the Cape Creek
Road Site.
It was decided to build land bridges with culverts, similar to the two at the Bald Head Island Villas.
Those can handle garbage trucks, concrete trucks, fire trucks and other emergency vehicles. And are
minimal impact.
J
vie
As you are a next adjacent riparian property
owner/representative to MIPOA's Brunswick County
Tax Parcel 26000042 at Bald Head Island
Conservancy, Inc's Brunswick County Parcel
26000003, I am required to notify you in order to give
you the opportunity to comment on the project.
I have included the Division of Coastal Management
Adjacent Riparian Property Owner Statement Form.
If you care to comment, please notify Ms. Tara
MacPherson, CAMA District Manager at the North
Carolina Division of Coastal Management, 127
Cardinal Drive Extension, Wilmington, NC 28405.
You may also contact Tara direct at 910-796-7266. I have included an addressed envelope with this
mailing, or you may e-mail the form to [e-mail]. Non -response after 30 days is
considered acceptance. If you have no objection, e-mailing your form saves the waiting period.
If you wish to further discuss, you may contact me at the page 1, top contact information.
Sincerely,
Bruce Marek, P.E.
�H CA&O'
P
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pFESS%p�/2
9! ;y
SEAL
15684
ilCG�.<<��GI N EEP.•' ex
RECEIb D
CAMA 8-18 Major Mod Request Adjacent Property Owner Notification 6-4-21 BMPE JUN Pa&421
DCM WILMINGTON, NC

MIDDLE ISLAND PROPERTY OWNERS ASSOCIATION, INC
CAMA 8.18 MAJOR MODIFICATION REQUEST 6.4.21
SITE/LOCATION MAP
r
li
0
Google Earth
SITE IS AT NORTH END OF CAPE CREEK ROAD, MIDDLE ISLAND,
BALD HEAD ISLAND, NC
f :v�
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... ILMINGl'ON, 0
SITE IS i MILE EAST OF OLD BALDY LIGHTHOUSE,
BALD HEAD ISLAND, NC
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BEACH DRIVE, TO EAST BEACH DRIVE, THEN NORTHISH ON CAPE CREEK ROAD, TO END AT TRACT A /CONSERVANCY GATS

'�dh � � �• Avaciab'on
RECEIVED
JUN 0 9 2021
DCM WILMINGTON,

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Permit Class
NEW
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
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 Middle Island POA Inc. c/o Alan Reyner, 1837 W.
Permit Number
8-18
Authorizing development in Brunswick County all fo Cane Crcek at the end of C'npe Creek
Road Bald Head I I nd as requested in the permittee's application dated fi/IS/17 (MP -I & MP )and
I1/5/17 (MP-4) inn] ar 4 boa ..,-i._i__ , .., .. . - -
This permit, issued on January12 2018 , 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.
Docking Facility
1) This permit authorizes only the reconfigured 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 reconfigured facility without permit modification. No non -water dependent uses of structures shall be conducted on, in or
over Public Trust waters without permit modification.
2) No sewage, whether treated or untreated, shall be discharged at any time from any boats using the
reconfigured docking facility. Any sewage discharge at the reconfigured 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.
(See attached sheets for Additional Conditions)
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
December 31, 2021
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
Chairman of the Coastal Resources Commission.
�ts,
Braxton ,. Davis, Director
Division of Coastal .��vvttana ement
13EC IVED
This permit and its conditions are hereby accepted..
JUN 0 9 2021
DCM WILMINGTON,
Signature of Permittee

Middle Island POA, Inc. Permit No. 8-18
Page 2 of 4
ADDITIONAL CONDITIONS
3) 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.
4) 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.
5) This permit authorizes a maximum of 9 formalized boat slips and a kayak launch. This permit does not
authorize formalized boat slips on the landward side of the floating dock. Cleats shall not be installed on
the landward side of the floating dock.
6) Should the adjacent property to the south be sold prior to the initiation of construction, the permittee shall
be required to obtain a signed riparian corridor waiver from the new property owner prior to the placement
of any structures within the 15 foot riparian corridor.
7) No portion of the authorized docking facility shall extend more than one quarter of the width of the water
body. Measurements to determine the width of the water body shall be made from the waterward edge of
any coastal wetland vegetation which borders the water body.
8) 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.
Boat Ramp/Rhwan
9) In accordance with commitments made by the permittee in an email dated 12/22/17, this permit hereby
deletes the additional riprap at the waterward end of the boat ramp, as depicted on workplan drawing
labeled Page 3 of 5.
10) Except as altered by Condition No. 9 of this Permit, the alignment of the riprap and boat ramp shall
otherwise adhere to the alignment as depicted on the attached workplan drawings.
11) The riprap material shall be free from loose dirt or any pollutant. It shall be of a size sufficient to prevent
its movement from the approved alignment by wave or current action.
12) The riprap material shall consist of clean rock or masonry materials such as but not limited to granite,
marl or broken concrete.
13) The boat ramp gravel material shall be clean and free of any pollutants except in trace quantities.
14) The boat ramp shall either be poured at an upland location and pushed into place once hardened, or poured
entirely within a watertight containment structure. Live concrete shall not be ftg1Vgep1ac1 waters
of the State or waters that will enter waters of the State.
JUN 0 9 202'

Middle Island POA, Inc.
ADDITIONAL CONDITIONS
Permit No. 8-18
Page 3 of 4
15) In order to protect juvenile finfish resources, no in -water work associated with the boat ramp shall be
permitted between April 1 and September 30 of any year without prior approval of the Division of
Coastal Management, in consultation with the appropriate resource agencies.
Erosion & Sedimentation Control
16) In order to protect water quality, runoff from construction shall not visibly increase the amount of
suspended sediments in adjacent waters.
U.S. Army Corps of Engineers Conditions
17) In order to further protect the endangered West Indian Manatee, Trichechus manatus, the applicant must
implement the U.S. Fish and Wildlife Service's Manatee Guidelines, and strictly adhere to all
requirements therein. The guidelines can be found at htUrNwww_.Iltiso�/nc-
es/nuunnlal/nuouuee auidclines.txif.
18) The permittee understands and agrees that, if future operations by the United States require the removal,
relocation, or other alteration, of the structure or work herein authorized, or if, in the opinion of the
Secretary of the Army or his authorized representative, said structure or work shall cause unreasonable
obstruction to the free navigation of the navigable waters, the permittee will be required, upon due notice
from the U.S. Army 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.
19) Approval of the structure is based on determinations that there would be no obstruction to navigation. The
structure may be damaged by wave wash from passing vessels. Issuance of this permit should not be
construed, as relieving the permittee of taking proper steps to insure the structure and moored boats will
not be damaged by wave wash.
20) The authorized structure and associated activity must not interfere with the public's right to free navigation
on all navigable waters of the United States. No attempt will 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 for reason other
than safety.
21) Except as specified in the plans attached to this permit, no excavation, fill or mechanized land -clearing
activities shall take place at any time in the construction or maintenance of this project, in such a manner
as to impair normal flows and circulation patterns within waters or wetlands or to reduce the reach of
waters or wetlands.
22) Except as authorized by this permit or any USACE approved modification to this permit, no excavation,
fill or mechanized land -clearing activities shall take place at any time in the construction or maintenance
of this project, within waters or wetlands. This permit does not authorize temporary placement or double
handling of excavated or fill material within waters or wetlands outside the permitted area. This
prohibition applies to all borrow and fill activities connected with this project.

Middle Island POA, Inc.
ADDITIONAL CONDITIONS
Permit No. 8-18
Page 4 of 4
23) The permittee, upon receipt of a notice of revocation of this permit or upon its expiration before
completion of the work will, without expense to the United States and in such time and manner as the
Secretary of the Army or his authorized representative may direct, restore the water or wetland to its pre -
project condition.
General
24) The permittee and/or his or her contractor shall meet with a representative of the Division prior to
project initiation.
25) No wetlands or open water areas shall be excavated or filled, even temporarily, outside of the areas
indicated on the attached workplan drawings.
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) 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
which may be caused from existing or future operations undertaken by the United States in the public
interest.
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 high water level.
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 assigned the proposed project Action ID No. SAW-2002-
00917.
NOTE: The N.C. Division of Water Resources assigned the proposed project DWR Project No. 2017-
0891.
NOTE: An application processing fee of $250 was received by DCM for this project.
RECEIVED
JUN 0 9 2021

Permit Class
RENEWAL
STATE OF NORTH CAROLINA
Department of Environmental Quality
and
Coastal Resources Commission
Vermit
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
Permit Number
8-15
Issued to Middle Island POA, Inc., c/o Alan Reyner,1837 W. Buchanan St,Columbia, SC 29206
Authorizing development in Brunswick County adj. to Cape Creek, at the end of Cape Creek
Road, Bald Head Island as requested in the pennittee's application dated letter
dated 10/12/2021
This permit, issued on October 18, 2021 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.
1) This renewal shall be attached to Permit No. 8-18, which was issued to the permittee on 1/12/2018,
and copies of all documents shall be readily available on site when a Division representative inspects
the project for compliance.
2) All conditions and stipulations of the active permit remain in force under this renewal.
NOTE: The N.C. Division of Water Resources has assigned the proposed project DWR Project No.
2017-0891.
NOTE: The U.S. Army Corps of Engineers has assigned the proposed project SAW Action Id. No.
SAW-2002-00917.
NOTE: A permit renewal application processing fee of $100 was received by DCM for this project.
This permit action may be appealed by the pemtittee 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
December 31, 2023
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.
q/
Braxton C. Davis, Director
Division of Coastal Management
This permit and its conditions are hereby accepted.
S'gnature of Permittee

MacPherson, Tara
From: [e-mail]
Sent: Thursday, November 17, 2022 8:46 AM
To: MacPherson, Tara; 'Currey, Gregory E CIV USARMY CESAD (USA)'
Cc: [e-mail]; [e-mail]; [e-mail]
Subject: [External] CAMA 8-18 Middle Island Replacement Land Bridges Major Mod Updated
11-16-22
Attachments: CAMA 8-18 Major Mod MIPOA Replacement Land Bridges MP-MP2-MP3-MP5 updated
11-16-22 & WD1-WD2 BMPE 11-16-22.pdf; CAMA 8-18 Major Mod MIPOA
Replacement Land Bridges Narrative BMPE seal date 11-16-22.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
Categories: To Print
Hi Tara & Greg,
Attached is my updated Middle Island POA Bridge Replacement Application, with all forms updated and MP3 upland
development added. Narrative is updated as well. The corresponding drawings are the 5-16-22 seal date C1R3, C2113 &
C3113. I have include wetland disturbance drawings within the MP submittal as WD1 for the north land bridge areas and
WD2 for the south land bridge.
Note that the Transverse section on C3113 is identical conditions for both the north and south land bridges. I did not
provide a separate longitudinal section for the south land bridge as it is similar to the North Bridge longitudinal section,
only35' nominal long rather than 55' nominal.
Bruce
Bruce Marek, P.E.
5489 Eastwind Rd
Wilmington, NC 28403
Cell910-228-2484

MacPherson, Tara
From: MacPherson, Tara
Sent: Monday, July 11, 2022 10:17 AM
To: [e-mail]
Subject: Middle Island CAMA Major App
Hi Bruce,
I have been reviewing the revised drawings with the reduced wetland impacts that you sent and the pending permit
application forms. Do you have a detail for the south bridge as well? We need to update the narrative for the vinyl sheet
piles and reduced fill amounts. The MP-1 5(d) and MP-2 need to be updated with the correct fill amounts, length/width/
wetland impacts as well. If the culverts have not changed we may be ok with the MP-5, although it still lists wetland fill
so we need to verify that those are still correct.
Thank you,
Tara
Tara MacPherson
Wilmington Region District Manager
NC Division of Coastal Management
Department of Environmental Quality
910 796-7266 office
910 395-3964 fax
tara. macohersonO-ncdenr.00v
127 Cardinal Drive Ext
Wilmington, NC 28405
Email correspondence to and from this address is subject to the
North Carolina Public Records Law and may be disclosed to third parties.

MacPherson, Tara
From:
[e-mail]
Sent:
Sunday, July 11, 2021 9:39 AM
To:
MacPherson, Tara
Cc:
[e-mail]
Subject:
RE: [External] CAMA 8-18 Major Mod 11x17 drawing format per request; seal date
6-15-21 all R1 - BMPE Middle Island POA Replacement of Two Timber Bridges
Attachments:
CAMA 8-18 Major Mod Compiled Submittal - Middle Island POA - Replacement of Two
Timber Bridges seal date 6-4-21 BMPE.pdf
Categories:
To do
CAUTION: External email.
Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
Report Spam.
I answered all of the below, I believe, in the updated 11 meg submittal, attached, that has a pdf date of 6-8-21. 1
Originally submitted the application on 6-4-21, by pdf, and you quickly replied with the below. Since it was just a couple
of sheets that didn't have my seal on it, I kept the 6-4-21 seal date and also inserted the corrections into the packet I
handed in. (There is also a supplemental documents pdf, but that will kick me over the limit here. You should have it
in the hard copy submittal, and by pdf.
Both bridges are MIPOA Property. Confusing is that when Land Management came out to flag the wetlands, they got
permission also from the BHI Conservancy to enter their property. I had to read that closely myself.
I did fill in to the other fill section for the riprap.
The State green card came back received dated 6-8-21.
Drawing C4-R1 clearly shows Concrete Headwall typical dimensions. Headwalls are at each culvert end. Three 18"
culvert pipes per bridge x 2 ends = 6 pipe ends per bridge. Worst case is 6 individual concrete headwalls per bridge, but
ideally we can get or make two triples headwalls (like in the picture of the existing triple at the Villas). It's a
weight/handling vs build in place issue that will be addressed once there is the CAM Permit in place.
I will check with Land Management Group on the JD. LMG Flagged everything, Walter Cavedo surveyed, I believe COE
concurred without coming out to the site, and then ISAIAS het, further distracting from the project.
Bruce
Bruce Marek, P.E.
From: MacPherson, Tara <[e-mail]>
Sent: Friday, July 9, 2021 9:05 AM
To: [e-mail]
Subject: RE: [External] CAMA 8-18 Major Mod 11x17 drawing format per request; seal date 6-15-21 all R1- BMPE Middle
Island POA Replacement of Two Timber Bridges
I will review to make sure everything is here that I requested in the add info and hopefully I can send it out for review
next week.

MacPherson, Tara
From: [e-mail]
Sent: Monday, June 14, 2021 11:02 AM
To: MacPherson, Tara
Cc: [e-mail]
Subject: RE: [External] RE: Major Mod Middle Island CAMA 8-18
Just like you take a red pen to my submittals, I take a red pen to State and Federal Forms as to what would work best for
me. At least in my mind.
The north Bridge is squarely on the 2600003 Tract A MIPOA parcel.. The South bridge is in the road right of way, which
is/was centered on the centerline of the existing Cape Creek Road when it was platted in 2004 (see the road plat as one
of my attached surveys. But that is also owned by MIPOA per the same 2015 Deed from Young Realty to the Middle
Island Property Owners Association. Le. when Charlie finally retired and gave up all of the Marina and Creek Dock and
roads and Tennis Club and common areas to the MIPOA. The same MIPOA agent authorization should cover the south
bridge.
Bruce
From: MacPherson, Tara <[e-mail]>
Sent: Monday, June 14, 202110:01 AM
To: [e-mail]
Subject: RE: [External] RE: Major Mod Middle Island CAMA 8-18
HI Bruce,
A Major Modification is just like a "new" permit application. It is a Major Mod to tie it into the original permit
number. So there is no difference in the submittal. I am going to get that link on the website... I cannot believe no one
has thought to ask about that.
Whatever certification you have now will not include the new impacts. You have to pre -file and it is completely out of
my hands. It is not the easiest transition with the new Fed rules/ DWR, and it messes up our timelines. USACE will
review as normal...
The GIS looked like the bridges crossed both parcels., if not then we are good. If so.. agent form will suffice.
10-4 on the utilities...
Thanks,
Tara
Tara MacPherson
Wilmington Region'District Manager
NC Division of Coastal Management
Department of Environmental Quality
RECIFIVIED
JUN 117i '
DCM WILMINGTON, NC
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DCM WILMINGTON, NC

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OCM WILMINGTON, NC"� �'"" "°"p�

�����������������I J�������� 83641dP021i�m n.; 5?
Exhibit A to Deed from Young Realty Co., Inc. and Middle Island Plantation, LLC to Middle
Island Property Owners Association, Inc.
This property does not include the primary residence of Grantor.
Tract 1:
All road rights of way shown on any recorded plat of any property Grantors may have owned
on Middle Island.
Tract 2: (Parcel # 26500074)
All of Tract B, consisting of .09 acres as shown on the plat recorded at Plat Book 44, Page 18
Brunswick County Registry to which reference is made for a more particular description.
Tract 3: (Parcels # 26400061 & 26400060)
Reserve Areas 4 and 5 as shown on the plat recorded at Plat Book 31, Page 121, Brunswick
County Registry to which reference is made for a more particular description.
Tract 4:
10 foot wide easement to the beach running between lots 188 and 187 as shown on the plats
recorded at Plat Book 17, Page 219, Plat Book N, Page 357 and Plat Book 29. Page 224,
Brunswick County Registry to which reference is made for a more particular description.
Tract 5: (Parcel # 26500068)
Being all the parcel described as "Young Realty Co. Reserved Area" on the plat recorded at
Plat Book 25, Page 271, Brunswick County Registry to which reference is made for a more
particular description.
Tracts 6: (Parcel # 26500069)
Being all that parcel described as "Reserved Marsh" on the plat recorded at Plat Book 25.
Page 271, Brunswick County Registry to which reference is made for a more particular
description.
Tract 7: (Parcel # 2650006901)
Being all that parcel described as "Reserved Marsh" on the plat recorded at Plat Book 25.
Page 271, Brunswick County Registry to which reference is made for a more particular
description.
RECEIVED
JUN 0 9 2021
DCM WILMINGTON, NC.

ICI 11111![11111111111'1" IIIII I III Y! da Page 5e�Ofb5'PPOP
Tract
Any Interest Grantors might have in the Cape Creek and Bald Island Creek Docks.
Tract 9:
Beach Access Additional Parking Area. The area shown as MIDDLE ISLAND PDA TRACT
and containing 12,429.7 Sq. Ft.+/- on the Map of Recombination Middle Island Plantation for
Middle Island Racquet and Swim Club, Inc. duly recorded in Map Cabinet 89 at Page 6 of the
Brunswick County Registry.
Tract 10:
Any other real property conveyed to Grantors by Bald Head Island Corporation by the deed
recorded in Book 399 Pages 448.460 and still owned by Grantors, including but not limited to
any real property conveyed by Bald Head Island Corporation to Young Realty Co., Inc. that
lies between platted roads and the Mean High Water Mark except:
a) Any parcel of real property not listed in Tracts 1 through 9 above that is currently
platted as a lot that contains 0.5 acres or more, and
b) The parcel identified as Lot 197R on the Map of Recombination Middle Island
Plantation for Middle Island Racquet and Swim Club, Inc. duly recorded in Map
Cabinet 89 at Page 6 of the Brunswick County Registry.
DECEIVED
JUN 0 9 2021
DCM WILMINGTON, NC

1 B3641 P0119 05-22-200,004
15
IIIIIII III�III1II II IIII III Illllltllr of Oeed9 Oaam 10of ZPROP
Presen rtn�Wlilet --:±7a---So�
Total Rev.. ini
Ck$ Z Ck#L MMcash$
Refund: C13h$_Flnance_
❑ Porlbns of documxnl are llleBlt's due l0 condition
ofodpinal. Inal
O ppcurreniconlalnssesls wolkd by ed9
InsWment Natcanaot u, mprodued orcoged.
NORTH CAROLINA
GENERAL WARRANTY DEED
Excise Tax: Recording Time, Book and Page
Tax Map No. Parcel Identifier No.
Mail after recording to: Grantee, P.O. PO Box 3362, Bald Head Island NC 28461
This instrument was prepared by: David Rooks, without title examination.
Delinquent taxes, if any, to be paid by the closing attorney to the Brunswick County Tax Collector upon disbursement of
THIS DEED made this'L day of M20 , 2015 by and between
GRANTOR
Middle Island Marina, Inc.
P. O. Box 3129
Bald Head Island, NC 28461
GRANTEE
Middle Island Property Owners Association, Inc.
PO Box 3362
Bald Head Island NC 28461
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall
include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of which is hereby
acknowledged, has and by these presents does grant, bargain, sell and convey unto the Grantee in fee simple, all that certain
lot or parcel of land and more particularly described as follows:
Being all of Tract A, consisting of .93 acres according to the plat recorded at Plat Book 31, Page 245,
Brunswick County Registry to which reference is made for a more particular description together with the
right of access granted by the instrument recorded at Book 866, Page 826. Also Included is any Interest of
the Grantor in any Cape Creek Docks.
This property does not include the primary residence of Grantor.
RECEIVED
JUN 0 9 2021
DCM WILMINGTON, NC

3.C4 1s ;.%:i 448
STATE O' MONTH CAROLINA
CORPORATE DFm., ;
COUNTY OF BRUNSWICK (Rolaase A(tacif,.d`i
�.l
THIS GEED, mtdo this llth day of May 1978, by ,
and between BALD READ ISLAND CORPORATION, a corporation organised `
'nd :s ex)ing under thu lauc of the State of North Carolina with �
its principal office located at Valley Forge, Punnsylvanla, party
of the (test part (-Grantor's, and YOUNG REAL -,IT CO., INC., a
North Caroline Corporation with its principal office in Charlotte,
North Carolina, party of the second part ('Grantee');
ItIT11 ES S ST It:
THAT, the said party of the first part, in consideration of
One Hundred bullies 18100.00) an,: other valuable consideration to
it paid by the party of the second part, the receipt of which is
hereby acknorledged, has bargained and sold, and by these presents
does gragt, bargain, sell. and convey unto the said party of the
second part, and its :lecessors and -assigns. subject to the Re-
strictions, Cnnditloab, Covenants and Limited Rights of Repurchase
set forth in Exhibit A lttaehed hereto and the retained easement
hereinafter described, all that certain lot oe-parect of idnd and
appurtenant non-ex_lusive casement situate, lying and being on
Bald Need Island in Smithville Township, Brunswick County, North
Carolina, and core particularly described and defined as fellows;
BEGINI)ING at a point in the moan high water lino of
the Atlantic Ocean located between Middle Island and
Bluff Island and navinq the following North Carolina
grid coordinates: Y-40,000.00 and E=2,315,644.04,
and running thence from said paint Bill, bust 470.80
fools, to a point in the mean high water line of the '
marsh eleven coe.ses and distances as follows: (1)
S 16-32-20 E 52.78 feet to a point; 12) S 50-50-15 W
218d6 feat to a point, (3) S 1-44-10 W 347.37 last
to a puint; (4) S 17-03-56 W 63.21 feet to a point;
(5) 5 84-43-47 W 178.23 feat to a point; (6) N 44-15-36
W 163..`9 feet to a pain" (7) 19 28-51-22 W 223.46 feet
to a print; (0) 11 18-24-24 W 224.19 feet to a point;
(9) N 35-56-49 14 158.92 feet to a point! (10) N 77-26-24
- — —
I) 111.C4 feet to a point: and 111) N 13-35-12 W 116.62
-
fan: to a poinL, hereinafter referred to as the 'Central
- —�'
Point'; thence running first in a northiestcrly.direc-
tion with the meen high water line dividipq Wdle
Island from the marsh to a point in the northweacecly
I -
mast boundary of Middle Island having North Carolina
-
grid coordinates more or less as follows: Y-46,200.00 and
N=230,765.U0; theaeo continuing with the mean high
water line which divides Middle Island few the marsh
in a sdstheasterly direction to a point on the mean
high Later line teat divides the southerly Ueundary of
1•idole 'island and the marsh, which point is located
5 27-15-30 H 308.69 feet from the -Control Point';
thgece continuing With said mean high w•irur tine
el9"ton courses and distances as follows: ill 5 61-
,-
14-23 E 275.79 fait to a point; (2) S 47-15-09 E 332.14
feet to a point; (3) S 51-51-03 E 296.78 flat to a
-t
paint; (4) 5 64-26-25 E 224.89 feat to a pointl (5)
S 59-04-I8 E 192.52 feet to a point; (6) 5 84-57-05 E
77.99 feet to r paint; (7) S 56-01-44 E 2,14.28 feet
to a point: (8) 5 45-12-35 W 32.94 feat to a point;
1: 86-30-70 W 152.73 feet to a point; 1101 S 62-53-40
W 245.19 feet to a point; (lq N 71-16-SS W 08.26 feet
to a point; j12, S 77-39-30 W 96.27 feet to a paint;
ill) S 28-59-45 a 214.62 fact to a point; (141 S 4-59-35
i
E 134.b8 fact to a point; imp (15) S 69-21-40 E 247.69 feet
I
tc 4 point; (16) S 0-50-3S W 88.9.3 feet to a point) (17)
Y
I
M
In
RECEIVED
JUN 0 9 20
®CM WILMINOTON, NC

BOOK _ pa;;r
0866 gpg
i FIR
::.,•reA?34
STATE OF NORTH CAROLINA
RESTRICTIONS AND 1:53
COUNTY OF BRUNSWICK � VAITt 7A&ASW
THIS AGREEMENT made this the 1-31!day of
and between Young Really Co., Inc., a North Carolina corporation (here nafli-rS�hireU• °1''
to as 'Young Really'): and Bald Head Island Conservancy, Inc., a North Carolina non-
profit corporation (hereinafter referred to as 'Bald Head Conservancy').
WHEREAS, Young Realty has offered to melee a giR'lo Bald Head Conservancy
of a tract or parcel of land on Middle Island in Brunswick County, North Carolina, and
wishes to impose certain conditions and mtriclioaa in order to assure the integrity of the
land as a maritime forest and bird and wildlife sanctuary contiguous to its adjoining
property, as well as reserving certain rights and privileges for the future assignees of
Young Realty.
NOW, THEREFORE, for and in consideration of the sum of One Dollar(57.06),
and the mutual covenants end undertakings contained herein, the parties agree as follows:
1. CONDITIONS AND RESTRICTIONS
The property described on Exhibit 'A' attached hereto and incorporated herein by
reference shall be subject to and held in accordance with the following restrictions,
conditions and covenants, which shall be appurtenant to and run with the land. Said
restrictions, conditions and covenants shall remain in effect until the date of death of the
last to die Df the grandchildren of Charles D. Young now living. As of the date of this
agreement, Charles D. Young has three grandchildren: Whitney Michelle Proctor, Blake
Thomas Proctor, and Jordan A. Williams.
1. IIse of the ELUVC[I . The property shall be held and used by Bald Head
Conservancy wholly and exclusively for non-profit, educational and scientific puTpoxs,
as a bird, wildlife and maritime forest sanctuary. Except as set forth hereinafter, access
to the properly described on Exhibit 'A' shall not be permitted.
2 Name and Signap. The name of the sanctuary shall be the 'Maritime
Forest Sanctuary'. A wooden sign shall be erected and maintained at the entrance by RECEIVED
Bald Head Conservancy, which shall depict an,��ret ,.Aeto l and hear the following
inscription: RE]. --44.�
TBTA 1B.00 PE4�-
Tell s'T RICI 1=]t to AN © 9
LX AMT 2�'- o o /�.
evsR RETP� DCM WILMINGT N, NC
U��029

Door _ FGCf
�?66 837
Middle Island Plantation
MARITBHE FOREST SANCTUARY
Owned by the Bald Head Island Conservancy, Inc.
Young Realty may erect an additional sign, at its own expense, at the entrance, which
shall be acceptable to Bald Head Conservancy.
3. Access. Except as otherwise provided herein, access to the sanctuary to
licensees of the Bald Head Conservancy shall only be permitted upon such terms,
conditions and regulations as may he promulgated from time to time by Bald Head
Conservancy, after consultation with Young Really. Bald Head Conservancy shall erect
and maintain "no trespassing" signs around the outer perimeter of the property conveyed
to Bald Head Conservancy by Young Really. Licensees shall not be permitted to leave
the roadway over which Young Realty has granted the Bald Head Conservancy a right
of way for ingress and egress as set forth hereinafter.
Except as otherwise provided herein, no trails, structures, improvements,
or other modifications or allemtiorls shall be permitted to the sanctuary property, in order
that it shall retain to the degree possible its pristine nature.
t' 1ill Y � iU r a 1=h
(a) Middle Island Property Owners shall be provided with a hey to the
gate erected at the entrance to the sanctuary, and may have access to the boat
dock, boat ramp and other facilities retained by Young Realty Co., Inc. at
anytime; provided, however, that they shall not be permitted to leave the
roadway in exercising the right granted hereunder. 'Middle Island Property
Owner', as used in this paragraph, shall include the person or persons in whom
a lot is tided, his or her immediate family, and guests of the Property Owner,
while accompanied by the Properly Owner.
(b) The shareholders of record as of the date of this agreement of Young
Realty Co., Inc. shall be entitled to have access to she entire sanctuary area.
Charles D. Young of Young Realty, his successor or assign, may serve as
custalian of the sanctuary, for the purpose of protecting and preserving the
integrity of the ecology within the sanctuary. The custodian may, in accordance
with all ordinances and governmental
regulations continue a reforestation program of natural species within the
sanctuary.
IN WITNESS WHEREOF the parties have hereunto set their hands and seats the
day and year first above written. 'R EC51VE )
JUN 0 9 ZCZ'.
ON, NC

ATTEST:
Qm�tSecreta' y
BDDK' PACE
0866 '82R
YOUNG REALTY CO., INC.
By: zov s— (SEAL)
I'miden
BA EAD)S CO SANCY,C.
UL)ABIC
President
JUN 0 9
/ DCM WILMINGTON, NC

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01006 County: Brunswick County U.S.G.S. Quad: Cape Fear (digital)
NOTIFICATION OF JURISDICTIONAL DETERMINATION
Property Owner/Applicant:
Address:
Telephone Number:
Email Address:
Alan Revner
MIPOA
1837 West Buchanan Drive
Columbia, SC, 29206
[phone]
alan reynerA email.com
Size (acres) 0.2 acres
Nearest Waterway Long Bav
USGS HUC 03030005
Nearest Town Bald Head Island, NC
River Basin Cape Fear
Coordinates Latitude: 33.8691
Longitude:-77.983;
Location description: The two project areas are located on Cape Creek Road on Bald Head Island, Brunswick County, NC.
(Parcel IDS: 26000042 & 26400003).
Indicate Which of the Following Apply:
A. Preliminary Determination
There are waters, including wetlands, on the above described project area, that may be subject to Section 404 of the Clean
Water Act (CWA)(33 USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). The
waters, including wetlands, have been delineated, and the delineation has been verified by the Corps to be sufficiently accurate
and reliable. Therefore this preliminary jurisdiction determination maybe used in the permit evaluation process, including
determining compensatory mitigation. For purposes of computation of impacts, compensatory mitigation requirements, and other
resource protection measures, a permit decision made on the basis of a preliminary JD will treat all waters and wetlands that
would be affected in any way by the permitted activity on the site as if they are jurisdictional waters of the U.S. This preliminary
determination is not an appealable action under the Regulatory Program Administrative Appeal Process (Reference 33 CFR Part
331). However, you may request an approved JD, which is an appealable action, by contacting the Corps district for further
instruction.
There are wetlands on the above described property, that may be subject to Section 404 of the Clean Water Act (CWA)(33
USC § 1344) and/or Section 10 of the Rivers and Harbors Act (RHA) (33 USC § 403). However, since the
waters, including wetlands, have not been properly delineated, this preliminary jurisdiction determination may not be used in the
permit evaluation process. Without a verified wetland delineation, this preliminary determination is merely an effective
presumption of CWA/RHA jurisdiction overall of the waters, including wetlands, at the project area, which is not sufficiently
accurate and reliable to support an enforceable permit decision. We recommend that you have the waters of the U.S. on your
property delineated. As the Corps may not be able to accomplish this wetland delineation in a timely manner, you may wish to
obtain a consultant to conduct a delineation that can be verified by the Corps.
B. Approved Determination
X_ There are Navigable Waters of the United States within the above described Property subject to the permit requirements
of Section 10 of the Rivers and Harbors Act (RHA) (33 USC & 403) and Section 404 of the Clean Water Act (CWA)(33
USC & 1344). Unless there is a change in law or our published regulations, this determination may be relied upon for a
period not to exceed five years from the date of this notification.
X There are waters of the U.S. includiniz wetlands on the above described vrMect area subject t
requirements of Section 404 of the Clean Water Act (CWA) (33 USC & 1344). Unless there is a cl?ahTe1ihhT 9por our
Page 1 of 2
SEP 09 2021
DCM WILMINGTON, NC

SAW-2020-01006
published regulations, this determination may be relied upon for a period not to exceed five years from the date of this
notification.
_ We recommend you have the waters of the U.S. on your property delineated. As the Corps may not be able to accomplish
This wetland delineation in a timely manner, you may wish to obtain a consultant to conduct a delineation that can be verified by
the Corps.
X_ The waters of the U.S., including wetlands, on your project area have been delineated and the delineation has been
verified by the Corps. We strongly suggest von have this delineation surveyed. Upon completion, this survey should be
reviewed and verified by the Corps. Once verified, this survey will provide an accurate depiction of all areas subject to
CWA jurisdiction on your property which, provided there is no change in the law or our published regulations, may be
relied upon for a period not to exceed five years.
_ The waters of the U.S., including wetlands, have been delineated and surveyed and are accurately depicted on the plat signed
by the Corps Regulatory Official identified below on . Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
_ There are no waters of the U.S., to include wetlands, present on the above described project area which are subject to the permit
requirements of Section 404 of the Clean Water Act (33 USC 1344). Unless there is a change in the law or our published
regulations, this determination may be relied upon for a period not to exceed five years from the date of this notification.
X_ The property is located in one of the 20 Coastal Counties subject to regulation under the Coastal Area Management Act
(CAMA). You should contact the Division of Coastal Management in Wilmington, NC to determine their requirements.
Placement of dredged or fill material within waters of the US, including wetlands, without a Department of the Army permit may
constitute a violation of Section 301 of the Clean Water Act (33 USC § 1311). Placement of dredged or fill material, construction or
placement of structures, or work within navigable waters of the United States without a Department of the Army permit may
constitute a violation of Sections 9 and/or 10 of the Rivers and Harbors Act (33 USC § 401 and/or 403). If you have any questions
regarding this determination and/or the Corps regulatory program, please contact Gary Beecher at [phone] or
Garv. H. Bee c her(a),us ace. army. mil.
C. Basis For Determination: This site exhibits wetland criteria as described in the 1987 Corps Wetland Delineation
Manual and The Atlantic and Gulf Coastal Plain Regional Supplement.
D. Remarks: This project was desk top reviewed using field information obtained from the consultant (LMG) and Corps
generated Lidar Maps and topographic maps.
E. Attention USDA Program Participants
The delineation included herein has been conducted to identify the location and extent of the aquatic resource boundaries and/or the
jurisdictional status of aquatic resources for purposes of the Clean Water Act for the particular site identified in this request. This
delineation and/or jurisdictional determination may not be valid for the Wetland Conservation Provisions of the Food Security Act of
1985, as amended. If you or your tenant are USDA program participants, or anticipate participation in USDA programs, you should
discuss the applicability of a certified wetland determination with the local USDA service center, prior to starting work.
F. Appeals Information for Approved Jurisdiction Determinations (as indicated in Section B. above)
If you object to this determination, you may request an administrative appeal under Corps regulations at 33 CFR Part 331. Enclosed
you will find a Notification of Appeal Process (NAP) fact sheet and Request for Appeal (RFA) form. If you request to appeal this
determination you must submit a completed RFA form to the following address:
US Army Corps of Engineers
South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A. SHANNINa: USACE.ARMY.MIL
RICEIVED
SEP 09 I
0CM WILMINGTON, NC

SAW-2020-01006
In order for an KFA to be accepted by the Corps, the Corps must determine that it is complete, that it meets the criteria for appeal
under 33 CFR part 331.5, and that it has been received by the Division Office within 60 days of the date of the NAP. Should you
decide to submit an RFA form, it must be received at the above address by November 9, 2021.
It is not necessary to submit an RFA form to the Division Office if you do not object to the determination in this
correspondence.
Corps Regulatory Official:
Date: September 9, 2021
Digitally signed by Gary H.
Gary H. Beecher'Beerher
Date: 2021.09.09 15:26:16-04'00'
Expiration Date of JD: September 9, 2026
The Wilmington District is committed to providing the highest level of support to the public. To help us ensure we
continue to do so, please complete our Customer Satisfaction Survey, located online at
http://co!psmapu.usace.aimy.mil/cm apes/f?p=136:4:0.
Copy Furnished via e-mail to:
Consultants:
Kim Williams
Land Management Group
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
[phone]
kwilliams(aa mgroup.net
Corey Novak
Land Management Group
3805 Wrightsville Avenue, Suite 15
Wilmington, NC 28403
[phone]
cnovak(dJmgroap.net
MCEIVED
SEP 09 ',, I
DCM WILMINGTON, NC

SAW-2020-01006
Applicant: Alan Reyner File Number: SAW-2020-01006 Date: September 9, 2021
MIPOA
Attached is:
See Section below
INITIAL PROFFERED PERMIT Standard Permit or Letter ofpermission)
A
PROFFERED PERMIT Standard Permit or Letter ofpermission)
B
PERMIT DENIAL
C
APPROVED JURISDICTIONAL DETERMINATION
D
PRELIMINARY JURISDICTIONAL DETERMINATION E
t:, A Nti 0 . h th .h ,. .. , t . rSx b:�..f ... 1.
' 331
A: INITIAL PROFFERED PERMIT: You may accept or object to the permit.
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• OBJECT: If you object to the permit (Standard or LOP) because of certain terms and conditions therein, you may request that the
permit be modified accordingly. You must complete Section II of this form and return the form to the district engineer. Your
objections must be received by the district engineer within 60 days of the date of this notice, or you will forfeit your right to appeal
the permit in the future. Upon receipt of your letter, the district engineer will evaluate your objections and may: (a) modify the
permit to address all of your concerns, (b) modify the permit to address some of your objections, or (c) not modify the permit
having determined that the permit should be issued as previously written. After evaluating your objections, the district engineer
will send you a proffered permit for your reconsideration, as indicated in Section B below.
B: PROFFERED PERMIT: You may accept or appeal the permit
• ACCEPT: If you received a Standard Permit, you may sign the permit document and return it to the district engineer for final
authorization. If you received a Letter of Permission (LOP), you may accept the LOP and your work is authorized. Your signature
on the Standard Permit or acceptance of the LOP means that you accept the permit in its entirety, and waive all rights to appeal the
permit, including its terms and conditions, and approved jurisdictional determinations associated with the permit.
• APPEAL: If you choose to decline the proffered permit (Standard or LOP) because of certain terms and conditions therein, you
may appeal the declined permit under the Corps of Engineers Administrative Appeal Process by completing Section II of this form
and sending the form to the division engineer. This form must be received by the division engineer within 60 days of the date of
this notice.
C: PERMIT DENIAL: You may appeal the denial of a permit under the Corps of Engineers Administrative
Appeal Process by completing Section II of this form and sending the form to the division engineer. This form
must be received by the division engineer within 60 days of the date of this notice.
D: APPROVED JURISDICTIONAL DETERMINATION: You may accept or appeal the approved JD or
provide new information.
• ACCEPT: You do not need to notify the Corps to accept an approved JD. Failure to notify the Corps within 60 days of the date of
this notice means that you accept the approved JD in its entirety, and waive all rights to appeal the approved JD.
• APPEAL: If you disagree with the approved JD, you may appeal the approved JD under the Corps of Engineers Administrative
Appeal Process by completing Section Ii of this form and sending the form to the division engineer. This form must be received by
the division engineer within 60 days of the date of this notice.
HF-CEIVED
SEP 09 2021
DCM WILMINGTON, NC

SAW-2020-01006
E: PRELIMINARY JURISDICTIONAL DETERMINATION: You do not need to respond to the Corps
regarding the preliminary JD. The Preliminary JD is not appealable. If you wish, you may request an approved
JD (which may be appealed), by contacting the Corps district for further instruction. Also you may provide new
information for further consideration by the Corps to reevaluate the JD.
REASONS FOR APPEAL OR OBJECTIONS: (Describe your reasons for appealing the decision or your
objections to an initial proffered permit in clear concise statements. You may attach additional information to
this form to clarify where your reasons or objections are addressed in the administrative record.)
ADDITIONAL INFORMATION: The appeal is limited to a review of the administrative record, the Corps
memorandum for the record of the appeal conference or meeting, and any supplemental information that the
review officer has determined is needed to clarify the administrative record. Neither the appellant nor the Corps
may add new information or analyses to the record. However, you may provide additional information to clarify
the location of information that is already in the administrative record.
If you have questions regarding this decision and/or the If you only have questions regarding the appeal process you may
appeal process you may contact: also contact:
District Engineer, Wilmington Regulatory Division, US Army Corps of Engineers
Attn: Gary Beecher South Atlantic Division
Attn: Mr. Philip A. Shannin
Administrative Appeal Review Officer
60 Forsyth Street SW, Floor M9
Atlanta, Georgia 30303-8803
PHILIP.A.SHANNINr USACE.ARMY.i NIL
RIGHT OF ENTRY: Your signature below grants the right of entry to Corps of Engineers personnel, and any government
consultants, to conduct investigations of the project site during the course of the appeal process. You will be provided a 15 day
notice of any site investigation, and will have the opportunity to participate in all site investigations.
Date:
Telephone number:
Signature of appellant or agent,
For appeals on Initial Proffered Permits send this form to:
District Engineer, Wilmington Regulatory Division, Attn: Gary Beecher, 69 Darlington Avenue, Wilmington, North
Carolina 28403
For Permit denials, Proffered Permits and approved Jurisdictional Determinations send this form to:
Division Engineer, Commander, U.S. Army Engineer Division, South Atlantic, Attn: Mr. Philip Shannin,
Administrative Appeal Officer, CESAD-PDO, 60 Forsyth Street, Room 10M15, Atlanta, Georgia 30303-8801
Phone: [phone], PHI LIP.A.SHANNIN wUSACE.ARMY.MIL
RECEIVED
w0'.9mi
DOM MLMINGT OK, NC

Attu
p
C fr5 Yca• r:,,.-r
Site
Site
f
R
Sources. Esri.HERE (dar'm'in;USGS.-lntermap. INCREMENT P'NR , -sri
Japan METI EsFiT� ina Hong
Kongk) Esri Korea Esn fl hailand)! N e�
„a
OpenStreetMap,cont iburs,
nd the";GIS User community
L:AWETLANDS\2020 WETLANDS FILES\BIDS\ChristianA N
Bald Head Land Bridges\Maps
0 1,500 3,000 6,000
Boundaries are approximate and not meant to be absolute.
Feet
Map Source: World Street Map
Bald Head Island Bridges
LMG
SEP 09 2021
Brunswick County, NC
Figure 1
LAND MANAGEMENT GROUP
a oMW# company
1�an�
DCM�fLnMI�MMMI, NC
May 2020
3805 Wrightsville Avenue
LMG
Wilmington, NC 28403
[phone]

N
Boundaries
are approximate
WETLANDS of meant to be 171 abs Maps 0 40 80 160
Boundaries are approximate and not meant to be absolute. Feet
Map Source: 2016 NC OneMap Aerial Photography p ::: ,�_
Cape Creek Rd.
Brunswick County, NC
Map Date: 6-3-2020
LMG #20.171
LMG
LANDNI A NAGEM ENT GROUP
a D/W # company
3805 Wrightsville Avenue
Wilmington, NC 28403
[phone]
gp �iqure i7
Resour B undary Delineation
Preliminary Sketch
DCM WILMINGTON, NC

4LMG
LAND MANAGEMENT GROUP
a DAVEY#. company
AGENT AUTHORIZATION FORM
TO WHOM IT MAY CONCERN:
I/we, the undersigned, hereby authorize Land Management Group to act as our agent in the
determination of jurisdictional wetland boundaries on the subject property, Cape_ Cr�d
By way of this form, Uwe additionally authorize access to the site by representatives of the US
Army Corps of Engineers and/or the NC Division of Coastal Management for the purpose of
reviewing the flagged wetland boundary and providing a final jurisdictional determination. Any
questions regarding the jurisdictional wetland determination should be directed to Land
Management Group.
Please provide the following information
Property Address and Parcel ID Number: Cape Creek Rd BHI NC 28461 • PID 26400003
Current Property Owner Name: Bald Head Island Conservancy Inc.
Owner Address, Phone Number, & Email Address: PO Box 3109 Bald Head Island NC 28461
Notice: This authorization, for liability & professional courtesy reasons, is valid only for
government officials to enter the property when accompanied by Land Management
Group staff. You should call LMG to arrange a site meeting prior to visiting the site.
Prigt OwngNs Nafhe n
Owner's Signatur----rt—
/4-IL.
Date
)lwotlmgroun.net • Phone: [phone] - Pax: 910.452.0060
3805 Wrightsville Avenue, Suile 15. NN9III, inQton. VC 28403
RECEIVED
S�C�'�Q b�IC, On JUN 0 9 2021
(10) 33c) --0D (p DCM WILMINGTON, NC

urisdictional Determination
D. PROPERTY ACCESS CERTIFICATION;•^
By signing below, 1 authorize representatives of the Wilmington District, U.S. Army Corps of
Engineers (Corps) to enter upon the property herein described for the purpose of conducting on -
site investigations, if necessary, and issuing a jurisdictional determination pursuant to Section
404 of the Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899. I, the
undersigned, am either a duly authorized owner of record of the property identified herein, or
acting as the duly authorized agent of the owner of record of the property.
Bald Head Island Conservancy Inc
Print Name
Owner ❑ Authorized Agent'
Signature
E. REASON FOR JD REQUEST: (Check as many as applicable)
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all aquatic resources.
❑ I intend to construct/develop a project or perform activities on this parcel which would be
designed to avoid all jurisdictional aquatic resources wider Corps authority.
❑✓ I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps, and the JD would be used to avoid and minimize
impacts to jurisdictional aquatic resources and as an initial step in a future permitting
process.
5 I intend to construct/develop a projector perform activities on this parcel which may
require authorization from the Corps; this request is accompanied by my pen -nit application
and the JD is to be used in the permitting process.
❑ I intend to construct/develop a project or perform activities in a navigable water of the
U.S. which is included on the district Section 10 list and/or is subject to the ebb and flow of
the tide.
8 A Corps JD is required in order obtain my locaUstate authorization.
I intend to contest jurisdiction over a particular aquatic resource and request the Corps
confirm that jurisdiction does/does not exist over the aquatic resource on the parcel.
HI believe that the site may be comprised entirely of dry land.
Other:
- rur rv�.uv n requests following the current NCDOT/USACE protocols, skip to Part E.
4 If there are multiple parcels owned by different parties, please provide the following for each additional parcel on a
continuation sheet.
` Must provide agent authorization form/letter signed by owner(s).
Version: May 2017 Page 3
RECEIVED
Sh��ma 6h c..ar�
�j 10) 338-0�)10
JUN 0 9 2021
i)CM WILMINGTON, NC

[7
BA4.D DEAD CREEX
BALD} HEAD 15t ANP - - �14NCY INC
MC 31 Page 345
CB 866 Pg 833
TRACT -A
MAP CABINET 31 PAGE 345
DEED BOOK 3647 PAGE 219
1Y1•i 3 .60, 10•fr(] S
-O�
01
s o Notes: _ o, n
1. Survey of the two bridges at the Middle Island Marina.
oThis is not a boundary survey. � r
=: 0 2. Comers marked as noted. No lot earners appear to have �c
�� sr C been marked in the past. GP is computed point. C o�
J. &idges and surrounding areas lie within a 1X yearly chance
c ■ `�� flood hazard area. Zone AE, Base Road Devotion 9. Ref FEW
RRM /372030040a doled 08/2812018 ❑
fe
5. All
4. d►st ces %$a * Shown hereon Heir honzon#al ground distances.
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ia: .ss `
sue•
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MC 31 Page 345 p S •�
DB 866 Pg 833 �.P• ,ram
�+
•� •�� LINE TAKE {
Ir
ny j •, � L.2 S 78.28 57' E ,34.82' �'r' �� , •" ��
f ° r 'fir tn
■ L'J 5 87.30 52' E 48-.30'
! • r� r�r
,-�� � � `� � 14 5 46',3C3$2' E 34.58' Ara'rle From Survey..
0712712020
-
One Inch Feet +
�� WALTER B. CAVEDO LAND SURVEYING
? •
l t 101 NORTH TWDVTYI7fiRD 5T. Wl[AIIWGTON, NYC 28401
95 ,¢ # ■'ter' o 191Vve
279-415J
■ .g : rL, �?¢ti4 EMVL• WQiterCcd.WMail.cnm
SITE SURVEY: ROTATED - 90 DEGREES FROM NORTH FOR BETTER DRAWING LAYOUT
2
sCra, '� SOUTH BRIDGE!
try O ■ `rs ■�:.
LMG 6-3-2020 WETLAND RESOURCE BOUNDARY DELINEATION SKETCH: US ACE 0.2 ACRE JD 9-9-21
I
R
�i 0l
Tie dimension to A64P CABINET J1 PAGE 121
DEED 800K 20.50 PAGE 1167
REFORMATTED FOR 241TX3611
CHANGED TO VERTICAL SHEET PILE SIDES
FROM 3H: I V SLOPED SOIL ORIGINAL
PROPOSAL TO MINIMIZE COASTAL WETLAND
IMPACTS `
�0
VICINITY MAP: SITE APPX I MILE EAST OF OLD BALDY LIGHTHOUSE
�s de' ■ _ • N �Q
eZ
• `rv.
a+. {�0
t! � yr
q
CAMA
�ti
NORTH 13RIbGIK
I R
f04 C
,
MIDDLE ISLAND PROPERTY OWNERS Assoc
a
Cotton Sp�we in
'&- c°d°r TIMBER BRIDGE REPLACEMENT
L7'e,vt nn 6 76
WITH LAND BRIDGES
aQ
,
MAJOR MOD DRYING
MAP CABINET 31 PAGE 345
`. DEED BOOK 3647 PAGE 219
4W OF' SURVEY FOR
5 '-� MLLAGE OF BALD DEAD ISLAND
104 SMITWLLE TOWNSHIP - BRUNSWICK COU10' NORT' -AROLINA
—20 a 16 20
h r
-_ter a, 24W
REFORMATTED FOR 241136"
CHANGED TO VERTICAL SHEET PILE SIDES
FROM 3H: 'I V SLOPED SOIL ORIGINAL
PROPOSAL TO MINIMIZE COASTAL WETLANI
� a,�ktk IMPACTS
04'18;38' iy 60.84'
SEALr
15684 -
-
'f 'r 5
BRUCE MAREK, P.E.
5489 E4s'fwIND Ro WILMINGTON
NORTH CAROLINA 28403
(9 i 0) 799-9245
F[_E_ 0 4-MG_ 6 17' AUM •.�,
MM 2�`6' 1'OnSWIPAefa PMtT3PFTy Feel

�S
-5�. 5
4-4o
�
b
� 4
o a
0
o
�
EXI's tin g
Conditions
- North z ridge LengM 54.J4".
Cen�er7l'ne 1' irli 1' Has 2xS �■ i
and 6x6 ei/►' rGl*l
•• - I �liiTop i f D`6�.'ckl'n(App
/ I
._.=r_r:r:�_�=r=+:i=r=r=i:r_r_i=r=i=�=i r=�_'�:'r:i==r=�=+=� •:�:+'+'�
_-
,r
i�
n mINC
Centerline of Road
South Bridge Similar
Length .32'f
South Bridge Area at Centerline
for Sand Fill = appx 60 sf x
18' Land Bridge Width Between
Sheet Pile = 1080 cu V27 =
40
soy 45 cu ydsf fill.
6" ABC Stone lopping = 0.5' x
(12'+2 ) x (J2'+ 12 ) = J08 sq
ft/27 = 12 cu ydsf
-5�5
0"
Scale: 1 "=5' on 11 "x 17"
5,�z
8x8 ptsyp
Guide Bail
8x8 ptsyp
lnt Blocking
8x8 ptsyp
Whaler
Center1l'ne Of lYo a
6
-5 54
I 1 I
E-xl*s tl Co.q0*b*0nS 1.92
I 2? /. 9 j
North Bridge Length 54.,34'*
Centerline of Road Longitudinal Section
i
Appx CL Flev for 24 " clearance over
top of Proposed Culvert Pipes
Ho eve ver, Village Wants higher road elevation = 6.0 FMSL min CL h t
69
6
ShoreGuard SG-425
50 vinyl Interlocking Sheet Pile 2' Nominal Widths.
N
4. 69
6
� 66
North $ridge
Area at Centerline for Sand Fill
= oppx 100 sf x 18' Lnd
Bridge Width Between Sheet Pile
1800 cu ft/27 = 67
say 70 cu ydsf fill.
6" ABC Stone Topping = 0.5' x
(12'+2) x (55'+ 12) = 470 sq
ft/27 = 18 cu ydsf
1169 �
LENG
VARI
4j
Cel?terll'ne of Road
SG-425 PROFILE VIEW
SG-425 PLAN \/i L
5.4
.61
CAMA I 8
C2 R3
MIDDLE ISLAND PROPERTY OWNERS ASSOC
SG-425 ISOMETRIC VIEV'ti TIMBER BRIDGE REPLACEMENT
WITH LAND BRIDGES
LENGTN MAJOR MOD DRAWING
VARIE
1 "=5' on 24"x36"
SG-42o bECTIGN VIEW
/ up
d Bridge = 6 total pieces
Centerline of Road
-,�. --/ �-f
.61
REFORMATTED FOR 241YX3611
CHANGED TO VERTICAL SHEET PILE SIDES
FROM 3H; I V SLOPED SOIL ORIGINAL
PROPOSAL TO MINIMIZE COASTAL WETLAND
IMPACTS
r
.�.►�tirssrrrrrr(r.
. ti • .� ;_ ��.rr 1 y� �r
9.
"SEAL -
15684
x� • �GrN��•• .
••'MEN
rt I 1 5
BRUCE MAREK, P.E.
54$9 EASTWIND RD WILMINGTON
NORTH CAROL[NA 28403
[phone]

1. 14
O Typical Trcnsverse Section ct Exist 10 ' Top of Exl*t Hridge Decking:
LXIL��
of L
0.0 FMS
Proposed Transverse
O Ct Existing Bridge c
CL of Length.
0.0 FIV5I� �
o'
Sx8 P tsyp
Guide Rail
Sx8 p tsyp
In Blocking
Sx8 P tsyp
Whaler
78'f
12'
Same Section for
Both Bridges
zLq
Proposed Top Road:
Proposed
7'10 HOG All
Thread Rod @
4.5' o.c.
10"
Section
t Appx
1
20'
6.0 FVSL +
)p of VI"nyl Sheet Pile:
5.8 FMSL -1
r-, A 1
LAMA 80018
C3 R3
Sccle.- 1 "� 5 , on 24 *"XJ6 MIDDLE ISLAND PROPERTY OWNERS ASSOC
18'�IDPF X 20' TIMBER BRIDGE REPLACEMENT
Typical Trams verse .SeC tlOr7 Cr t Culvert Pipe Proposed Top Road.• WITH LAND BRIDGES
G+ Existing Bridge ct Appx CL of Qty J Each LGnd Bridge Proposed Top L f VI'1)11
MAJOR MOD DRAWING
REFORMATTED FOR 24"X36"
Len g th y Gt /8"
Culvert Pipe _ _ _ _ I=I _ Sheet Pile. CHANGED TO VERTICAL SHEET PILE SIDES
�-I � I-III-I I �-I I �-I � I -III -III -III- 5.8 FMSLf FROM 31-1:1 V SLOPED SOIL ORIGINAL
III I I I III PROPOSAL TO MINIMIZE COASTAL WETLAND
IMPACTS
0.0 FUS.,
(�) N
ShoreGuord SC-425
Knyl Interlocking Sheet Pile
2' Nominal Widths. _ �n
70' Lengths for Mid Hc1f of
Bridge Length. Ends Con be
. ti1y " .4ly yrj+rr
SEAL
15684MIE
-
�5
BRUCE MAREK, P.E.
5489 EA5TWIND RD WILMINGTON
NORTH CAROLINA 25403
[phone]

Major Permit Fee Schedule MA-) Mop
A6�,IZt
Project Name: County: Check No & Amount:
DCM %
DWQ %
Development Type
Fee
(14300160143510009316256253)
(2430016024351000952341)
I. Private, non-commercial development
that does not involve the filling or
excavation of any wetlands or open water
areas:
$250
100% ($250)
0% ($0)
11. Public or commercial development that
does not involve the filling or excavation
of any wetlands or open water areas:
$400
100% ($400)
0% ($0)
III. For development that involves the
filling and/or excavation of up to i 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. 4144 (See attached) can
be applied:
$250
100% ($250)
0% ($0)
III(B). Public or commercial development,
if General Water Quality Certification No.
4144 (See attached) can be applied:
$400 1
100% ($400)
0% ($0)
III(C). If General Water Quality
Certification No. 4144 (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:
$400
60% ($240)
40% ($160)
MID). If General Water Quality
V
Certification No. 4144 (see attached)
V
cannot be applied:
$400
60% ($240)
40% ($160)
IV. Development that involves the filling
and/or excavation of more than one acre
of wetlands and/or open water areas: 1
$475
60% ($285) 1
40% ($190)

DIVISION OF COASTAL MANAGEMENT
APPLICATION TRANSMITTAL AND PROCESSING RECORD
APPLICANT: Middle Island POA, Inc. COUNTY: Brunswick
PROJECTNAME: CAMA Major Mod 8-18/Replacement of two aged bridges
LOCATION OF PROJECT: End of Cape Creek Road on Tract A, adj. to the Cape Fear River, Bald Head Island
DATE APPLICATION RECEIVED COMPLETE BY FIELD: 11-17-22
FIELD RECOMMENDATION: Attached: Yes To Be Forwarded: N/A
FIELD REPRESENTATIVE: MacPherson
DISTRICT MANAGER REVIEW:
B) DATE RECEIVED BY MAJOR PERMITS UNIT:
APPLICATION ASSIGNED TO: Luck
PUBLIC NOTICE REC'D; 12-7-22
ADJ. RIP. PROP NOTICES REC'D:
C) 75 DAY DEADLINE: 1-31-22
HOLDS:
MAIL OUT DATE: 12-2-22
PERMIT FINAL ACTION: ISSUE DENY
DISTRICT OFFICE: WILMINGTON
FEE REC'D: $400 (60/40)#2111
END OF NOTICE DATE: 12-28-22
DEED REC'D: Yes
150 DAY DEADLINE:
STATE DUE DATE: 12-28-22
RECEIVED
DEC 0 7 2022
DCM-MHD CITY
AGENCY
DATE
COMMENTS
RETURNED
OBJECTIONS:
YES NO
NOTES
DCM — Field Rep
1I 2jj
lhtnnb c
DCM — LUP Consistency Determination
Local Permit Officer
Corps of Engineers — Regulatory Branch
S�lni Zt) ZO-DI(a5
DWR-401 Section
'}i7
I,IG % ZakD1 y
DWR — Public Water Supply
DEMLR — Stormwater
DEMLR—Sod and Erosion
DOA — State Property Office
Wildlife Resources Commission
(�
DMF — Shellfish Section
o ��
DMF — Habitat & Enhancement
\
)ICA
n Co v�. cute v j
DNCR— Archives&History
DNCR —Natural Heritage Program
NCDOT
NC Dept of Commerce

DCM Coordinator: Cameron Luck
County:
Permit #: U
(W�I�RO jE-MAIL DISTRIBUTION SHEET r� g
Circ one: Bio Rep / Permit for: I VvI i xic, I�I G1 Vt E1 { ►�I I (i TJ I (j ��
Oversiz s sent:
DCM Offices: I
Morehead City: PT (if oversize) via r
*cc Cam & Amanda on group email w/ bio.narOpp.drawings, deed, comment sheet
*MHC documents (Cam & Amanda) _
Wilmington: Original hard -copy
ONLY USACE & DWR (wro): Recommendations, PN, Letter w/Site Card, Fee Chart and Agent Authorization
USACE Wilmington:rreg
ender & Carteret Cc): PN, CL, Reports, Split Sheet
use [e-mail] (NH/BR): PN, CL, Reports, Split Sheet
ey (NH/BR: PN, CL, Reports, Split Sheet
Div of Water Resources: der - 401 (BR/NH) PN, CL, Reports, Split Sheet _
wider - 401 (PN/ON - Surf City): PN, CL, Reports, Split Sheet
Div of Water Resources: Sheri Montalvo for Karen Higgins: PN, CL, Reports, Split Sheet
Marine Fisheries:
DCM Planner/WIRO:
Cultural Resources:
Natural Heritage Prog
DCA-Rural Eco. Dev:
NC DOT:
Wildlife Resources:
State Property Office:
Shellfish Sanitation:
DEMLR:
Public Water Supply:
City of Wilmington:
✓Kim Harding _
"ike Christenbury
lRejtee Gledhill -Earley Environmental Review(a).ncdenrooRo v_
"M ney Butler_
//ark Ziegler
David Harris _
"Maria Dunn w/Reports
(n Walton: DEED
vvvvvv((((((yyyyyy���lllJlk Moser
1 Wanda Hilliard, Real Property Agent (Elio Reports only)
Humphrey (Bio) /Sh
Haines _
stine Hall - Stormwater Section _
Sams - Land Quality Section _
Cox
Enforcement: vpield Rep:- 161Y8 I\Aa&
_Co. LPO
Agent: \ J
DISTRIBUTED: I —'�i ?" I -
RECEIVED
DIC 0 7 20n
DW.-wiL) C; -Vy
Updated 12/01/22
CAMA/Shaun majors docs/e'Agency List

RECOMMENDATIONS FOR— Middle Island Timber Bridae Replacement November 28 2022
The proposed timber bridges would permanently fill Joint Section 404 and Coastal Wetlands areas adjacent to areas
historically shaded by existing timber bridges, however the proposed culverts would maintain tidal flow beneath the
new land bridges.
The project appears to be INCONSISTENT with15 A NCAC .0205 (d) Use Standards for Coastal Wetlands, which
indicates that the First priority of use shall be allocated to the conservation of existing wetlands. Second priority of
coastal wetland use shall be given to those types of activities that require water access and cannot function elsewhere.
The proposed Coastal Wetland fill would be permanent for the construction of two land bridges and the applicant has
altered the original design to minimize impacts,
According to 15A NCAC 07M .0703 (a) The CRC may approve a development project for mitigation candidacy if the
applicant can demonstrate that they have met all of the criteria listed under Mitigation Candidacy 15A NCAC 07M .0703
(a) 1-4, but no mitigation was proposed for this project.
RECEIVFD
DEC 07 2022
DCM-MHD CITE`
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Cifnce 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.7%.7215

ROY COOPER
Governor
ELIZABETH S. BISER
senemry
BRAXTON DAVIS
Director
December 2, 2022
MEMORANDUM.
NORTH CAROLINA
EnvlronmentalQuallty
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron Iuck(o)NCDENR.gov
SUBJECT: CAMA /D & F
RECEIVED
DEC 122022
MP SECTION
DCM MHD CITY
Applicant: Middle Island POA, Inc. (Major Modification to State Permit No. 8-18)
Project Location: Cape Creek Rd, Tract A, Bald Head Island, Brunswick County
Proposed Project: The applicant is proposing to replace two old timber bridges with sand and gravel
based land bridges with culverts resulting in Wetland fill at the Cape Creek Road
access to the Middle Island POA dock and boat ramp.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 28, 2022, If you have any
questions regarding the proposed project, contact Tara MacPherson at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: x This agency has no objection to the project as proposed.
"Additional comments may be attached"
This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Nz � /
AGENCY
SIGNATURE
M (/L V, V
D_EQ2�
0 Gd/+1HifYc�
S f t `� DATE l)_/ i 2 2 L
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796.7215

MEMORANDUM
To: Cam Luck
From: Michael Christenbury, Wilmington District Planner
Subject: Consistency Determination, Major Permit Application, Middle Island
POA, Inc., Bald Head Island — Brunswick County
Date: February 13, 2023
Consistency Determination:
This project is consistent with the Bald Head Island Land Use Plan update.
The applicant proposes to replace two old timber bridges with sand and gravel -based land
bridges with culverts resulting in wetland fill at the Cape Creek Road access to the
Middle Island POA dock and boat ramp.
Areas of Environmental Concern (AEC's) impacted by the proposal are ES, CW and EW.
Waters at the project site are classified as SA/HQW and are open to the harvesting of
shellfish. The area is not a Primary Nursery Area.
I have reviewed this proposal for consistency with the Village of Bald Head Island Land
Use Plan and offer the following comments.
The general area of the project is classified low density residential, while the AECs
impacted by the work are classified as Conservation.
In general, Bald Head Island allows development in Conservation classified AECs which
is consistent with the State's minimum use standards. The Bald Head Island Land Use
Plan contains some policies, which exceed the State's minimum use standards. However,
none of these more restrictive policies seem to be applicable to this project.
This project is consistent with the Bald Head Island Land Use Plan.
Cc: File
RECEIVED
-i 13<
MP SECTION
DCM MHD CITY

ROY COOPER
Gow, are
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 2, 2022
NORTH CAROLINA
Environmental Quality
C.2-'2.12• v�. nl
MEMORANDUM:
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
ca m e ro n. I u ck (iD N C D E N R. o o v
SUBJECT: CAMAI D & F
Applicant: Middle Island POA, Inc. (Major Modification to State Permit No. 8-18)
Project Location: Cape Creek Rd, Tract A, Bald Head Island, Brunswick County
Proposed Project: The applicant is proposing to replace two old timber bridges with sand and gravel
based land bridges with culverts resulting in wetland fill at the Cape Creek Road
access to the Middle Island POA dock and boat ramp.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 28, 2022. If you have any
questions regarding the proposed project, contact Tara MacPherson at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached**
This agency has no comment on the proposed project.
I/ This agency approves of the project only if the recommended changes
are incorporated. See attached.
_ This agency objects to the project for reasons described in the attached
comments.
PRINT NAME
RECEIVED
1�/l�� ��� n
FEB 17 2023
AGENCY J V c,-J R- --
MP SECTION
DCM MHD CITY
SIGNATURE T DATE 2'I_J -2023
North Carolina Dcpariment of Environmental Quality I Division o(Cnastal Management
Wilmington Office 1 127 Cardinal Drive Extension I Wilmington. North Carolina 28705
Gr�ms.xm.wo". 910:796.72I5

North Carolina Wildlife Resources
Commission
Cameron Ingram, Executive Director
MEMORANDUM
TO: Cameron Luck
RECEIVED
Division of Coastal Management
North Carolina Department of Environmental Quality
FEB 17 2023
FROM: Maria T. Dunn, Coastal Coordinator
MP SECTION
Habitat Conservation Division
DCM MHD CITY
DATE: February 17, 2023
SUBJECT: CAMA Diedge/Fill Permit Application for Middle Island POA, Brunswick
County, North Carolina.
Biologists with the North Carolina Wildlife Resources Commission (NCWRC) reviewed the permit
application with regard to impacts on fish and wildlife resources. The project site is located at the end of
Cape Creek Road, Tract A on Bald Head Island. Our comments are provided in accordance with
provisions of the Coastal Area Management Act (G.S. 113A-100 through 113A-128), as amended,
Sections 401 and 404 of the Clean Water Act, as amended, the Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.), the Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16
U.S.C. 661 et seq.), the Magnuson -Stevens Fishery Conservation and Management Act (FCMA), as
amended (16 U.S.C. 1801 et seq.), and the Migratory Bird Treaty Act (16 U.S.C. 703-712 ct seq.).
The applicant proposes to replace two timber bridges with two "land bridges" that include culverts to
maintain flows. The existing bridges have approximately 2' — 3' clearance over Section 404 and coastal
wetlands. The North Bridge would be replaced with a 55' by 18' crossing and the South Bridge with a 34'
by 18' crossing. Each crossing would include sheet pile sides, filled with 57 stone and a geotextile base.
Three 20' long by 18" diameter culverts, buried 6", and aligned more or less in the middle of the crossing
would allow flow. North Bridge will impact 290 ft' of coastal wetlands, 195 ft' of Section 404 wetlands,
and 470 ft' of open water area. South Bridge will impact 250 ft' of coastal wetlands, 90 ft' of Section 404
wetlands, and 390 ft' of open water area. To stabilize, riprap is proposed at the ends of the culverts to fill
an additional 100 ft' of wetland area.
The NCWRC has reviewed the permit application and is concerned with the project proposal. There was
no information with regard to the volume of flows or velocities that are conveyed at these crossings. The
timber bridges allowed flows under significantly less restrictive conditions. These less restrictive
conditions allowed water to leave the tract more efficiently, did not compromise wetland connectivity,
and also allowed for aquatic and wildlife passage. We could not see where it was determined the new 18"
Mailing Address: Habitat Conservation • 1721 Mail Service Center • Raleigh, NC 27699-1721
Telephone: [phone] • Fax: [phone]

Page 2
culverts provided these conditions. Therefore, we request a design change to include culverts with larger
diameters to allow more hydrologic connectivity and wildlife passage. The design should have a channel
culvert with offset floodplain culverts if there is constant flow or evenly set culverts for wetland
conveyance. To minimize scour, especially during large rain events, a backrilled sill is requested. Riprap
aprons often fill excessive areas of wetlands or streams and interrupt natural bank morphology. Scour
would be significantly reduced with larger culvert diameters.
We appreciate the opportunity to review and comment on this permit application. if you need further
assistance or additional information, please contact me at [phone] or at
maria dunn(dncwildlife.org
RECEIVED
FEB 17 2023
MI' SECTION
DCM MHD CITY

ROY COOPER
Gommor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 2, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12.09)
cameron.luck(a)NCDEN R. gov
SUBJECT: CAMAID&F
Applicant: Middle Island POA, Inc. (Major Modification to State Permit No. 8-18)
Project Location: Cape Creek Rd, Tract A, Bald Head Island, Brunswick County
Proposed Project: The applicant is proposing to replace two old timber bridges with sand and gravel
based land bridges with culverts resulting in wetland fill at the Cape Creek Road
access to the Middle Island PDA dock and boat ramp.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 28, 2022. If you have any
questions regarding the proposed project, contact Tara MacPherson at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Kimberlee Harding
AGENCY
NCDMF
SIGNATURE
D QQ
RECEIVED
FEB 13 2023
MP SECTION
DCM MHD CITY
DATE 01/19/2023
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796,7215

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BPAXTON DAVIS
Director
December 2, 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.luck(a)NCDENR.gov
SUBJECT: CAMAID&F
Applicant: Middle Island POA, Inc. (Major Modification to State Permit No. 8-18)
Project Location: Cape Creek Rd, Tract A, Bald Head Island, Brunswick County
Proposed Project: The applicant is proposing to replace two old timber bridges with sand and gravel
based land bridges with culverts resulting in wetland fill at the Cape Creek Road
access to the Middle Island POA dock and boat ramp.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 28, 2022. If you have any
questions regarding the proposed project, contact Tara MacPherson at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Shannon Jenkins
AGENCY NC DMF - Shellfish Sanitation/Recreational Water Quality
SIGNATURE Kam, 8:�for Shannon JenkinsDATE
12/19/2022
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 211405
910.796.7215

Received: 12/20/2022
Historic Preservation Office
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
BRAXTON DAVIS
Director
December 2. 2022
MEMORANDUM
NORTH CAROLINA
Environmental Quality
ER 17-1316
FROM: Cameron Luck, Assistant Major Permits Coordinator
NCDEQ - Division of Coastal Management
400 Commerce Avenue, Morehead City, NC 28557
Fax: [phone] (Courier 11-12-09)
cameron.l uck(a) NCDENR.gov
SUBJECT: CAMA /D & F
Due: 12/28/2022
NC -SBA
01/10/23
Applicant: Middle Island POA, Inc. (Major Modification to State Permit No. 8-18)
Project Location: Cape Creek Rd, Tract A, Bald Head Island, Brunswick County
Proposed Project: The applicant is proposing to replace two old timber bridges with sand and gravel
based land bridges with culverts resulting in wetland fill at the Cape Creek Road
access to the Middle Island POA dock and boat ramp.
Please indicate below your agency's position or viewpoint on the proposed project and
return this form to Cameron Luck at the address above by December 28, 2022. If you have any
questions regarding the proposed project, contact Tara MacPherson at [phone] when appropriate,
in-depth comments with supporting data is requested.
REPLY: This agency has no objection to the project as proposed.
"Additional comments may be attached"
X This agency has no comment on the proposed project.
This agency approves of the project only if the recommended changes
are incorporated. See attached.
This agency objects to the project for reasons described in the attached
comments.
PRINT NAME Renee Gledhill -Earley
AGENCY Historic Preservation Office
SIGNATURE 1EL DATE
01 /11 /23
North Carolina Department of Environmental Quality I Division of Coastal Management
Wilmington Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
910.796,7215

U.S. ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Action Id. SAW-2020-01006 County: Brunswick County U.S.G.S. Quad: Cape Fear (digital)
GENERAL PERMIT (REGIONAL AND NATIONWIDE) VERIFICATION
Permittee: Alan Rayner
Middle Island PDX Inc
Address: 1837 West Buchanan Street
Columbia, SC 29206
Size (acres)
Nearest Waterway Cape Creek
RFCEJv
FEB 0
MP s6
�WarM,gb%Wn Village of Bald Head Island
River Basin Cape Fear
USGS HUC 03030005 Coordinates Latitude: 33.8691; Longitude:-77.9835
Location description: The two project areas are located on Cape Creek Road on Bald Head
Island, Brunswick County, NC.
Description of project area and activity: The proposal is to replace two (2) existing timber bridges
with two (2) vinyl sheet pile sided land bridges with three (3) culvert pipes each. The bridges
and culvert pipes will fill approximately 955 square feet of freshwater and coastal wetlands.
Please note, a Coastal Area Management Act (CAMA) permit authorization must
be obtained from the North Carolina Division of Coastal Management (DCM) prior
to commencing any work on this project.
Applicable Law: ® Section 404 (Clean Water Act, 33 USC 1344);
® Section 10 (Rivers and Harbors Act, 33 USC 403)
Authorization: Nationwide Permit Number: 14
SEE ATTACHED NWP GENERAL AND REGIONAL CONDITIONS
Your work is authorized by the above referenced permit provided it is accomplished in strict
accordance with the attached conditions and your submitted application and attached
information and drawings dated November 16, 2022. Any violation of the attached conditions
or deviation from your submitted plans may subject the permittee to a stop work order, a
restoration order, a Class I administrative penalty, and/or appropriate legal action.
This verification will remain valid until the expiration date identified below unless the nationwide
and/or regional general permit authorization is modified, suspended or revoked. If, prior to the
expiration date identified below, the nationwide and/or regional general permit authorization is
reissued and/or modified, this verification will remain valid until the expiration date identified below,
provided it complies with all requirements of the modified nationwide permit. If the nationwide and/or
regional general permit authorization expires or is suspended, revoked, or is modified, such that the
activity would no longer comply with the terms and conditions of the nationwide permit, activities
which have commenced (i.e., are under construction) or are under contract to commence in reliance
upon the nationwide and/or regional general permit, will remain authorized provided the activity is
completed within twelve months of the date of the nationwide and/or regional general permit's

expiration, modification or revocation, unless discretionary authority has been exercised on a case -
by -case basis to modify, suspend or revoke the authorization.
Activities subject to Section 404 (as indicated above) may also require an individual Section 401
Water Quality Certification. You should contact the NC Division of Water Resources (telephone 919-
807-6300) to determine Section 401 requirements.
For activities occurring within the twenty coastal counties subject to regulation under the Coastal Area
Management Act (CAMA), prior to beginning work you must contact the N.C. Division of Coastal
Management in Wilmington, NC, at [phone].
This Department of the Army verification does not relieve the permittee of the responsibility to obtain
any other required Federal, State or local approvals/permits.
If there are any questions regarding this verification, any of the conditions of the Permit, or the Corps
of Engineers regulatory program, please contact Gregory Currey at [phone] or
Greaorv.E.CurrevAusace.army.mil.
Digitally signed by Gregory
Gregory Currey `Uffey
Dale 2023.02.0814:43:16
Corps Regulatory Official: -05'00'
Expiration Date of Verification: March 14, 2026
Date: February 8. 2023
The Wilmington District is committed to providing the highest level of support to the public. To help
us ensure we continue to do so, please complete our Customer Satisfaction Survey, located online at
https://regulatory.ops.usace.army.mil/customer-service-survey/
Copies furnished by email:
Bruce Marek
Cameron Luck (NC DCM)
Amanda Cannon (NC DCM)
Holley Snider (NC DWR)

Action ID Number: SAW-2020-01006 County: Brunswick County
Permittee: Alan Reyner
Middle Island POA Inc
Project Name: Middle Island Timber Bridge Replacement/BHI/Brunswick
Date Verification Issued: February 8, 2023
Project Manager: Gregory Currey
Upon completion of the activity authorized by this permit and any mitigation required by the
permit, sign this certification and return it to the following address:
US ARMY CORPS OF ENGINEERS
WILMINGTON DISTRICT
Attn: Gregory Currey
Please note that your permitted activity is subject to a compliance inspection by a U. S. Army
Corps of Engineers representative. Failure to comply with any terms or conditions of this
authorization may result in the Corps suspending, modifying or revoking the authorization
and/or issuing a Class I administrative penalty, or initiating other appropriate legal action.
I hereby certify that the work authorized by the above referenced permit has been completed
in accordance with the terms and condition of the said permit, and required mitigation was
completed in accordance with the permit conditions.
Signature of Permittee
0820Z3
oo7�-
Date

DocuSign Envelope 10: E5322B7C-9194-48FB-9310-7Do85E7llF9C
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
January 30, 2023
DWR # 20170891v2
Brunswick County
Middle Island Property Owners Association, Inc
Attn: Alan Reyner
1837 W. Buchanan Street ®C�+
Columbia, SC 29206 RECEN/Ef
Subject: Approval of Individual 401 Water Quality Certification FEB 0 6
Replacement of Two (2) Timber Bridges
USACE Action ID. No. SAW-2020-01006 MP SECTION
()CM MHD CITY
Dear Mr. Reyner:
Attached hereto is a copy of Certification No. WQC005612 issued to Alan Reyner and Middle Island
Property Owners Association, Inc, dated January 30, 2023. 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 this Water Quality 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 Certification and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)].
This Water Quality Certification 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, Sediment and Erosion Control, Non -Discharge, Water Supply Watershed, and
Trout Buffer regulations.
This Water Quality Certification neither grants nor affirms any property right, license, or privilege in any
lands or waters, or any right of use in any waters. This Water Quality Certification does not authorize
any person to interfere with the riparian rights, littoral rights, or water use rights of any other person
and does not create any prescriptive right or any right of priority regarding any usage of water. This
Water Quality Certification 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 Water Quality Certification to possess any prescriptive or other right of priority with
respect to any other consumptive user.
Upon the presentation of proper credentials, the Division may inspect the property.
This Water Quality Certification shall expire on the same day as the expiration date of the corresponding
Section 404 Permit. The conditions shall remain in effect for the life of the project, regardless of the
expiration date of this Water Quality Certification.
Q�v North Carolina Department ofEmironmental Qaality I Division of Water Resources
127 Cardinal Drive Ext. I Wilmington, North Carolink 28405
910.796.7215

DocuSign Envelope ID: E5322B7C-9194-48FB-9310-7D085E711F9C Middle Island Property Owners Association, Inc.
D W R# 20170891v2
Individual Certification #WQC005612
Page 2 of 14
Non-compliance with or violation of the conditions herein set forth may result in revocation of this
Water Quality Certification for the project and may also result in criminal and/or civil penalties.
If you are unable to comply with any of the conditions of this Water Quality Certification you must notify
the Wilmington 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 Wilmington Regional Office any noncompliance with, and/or any
violation of, stream or wetland standards (15A NCAC 02B .02001 including but not limited to sediment
impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next
business day if a weekend or holiday) from the time the permittee became aware of the non-compliance
circumstances.
This approval and its conditions are final and binding unless contested [G.S. 143-215.5].
This Certification can be contested as provided in Chapter 150E 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
150E of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements forfiling 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:
RECEIVED
William F. Lane, General Counsel
Department of Environmental Quality FEB 06 2023
1601 Mail Service Center
Raleigh, NC 27699-1601 MP SECTION
DCM MHD CITY
If the party filing the Petition is not the permittee, then the party must also serve the recipient of the
Certification in accordance with N.C.G.S 15013-23(a).
This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H
.0500. Please contact Holley Snider at 910-796-7303 or hollev.sniderOncdenr.eov if you have any
questions or concerns.
Sincerely, DocuSigned by:
EmE3ARA14AUDCtIM
Morelia Sanchez -King
Regional Operations Supervisor
Electronic cc: Bruce Marek, consultant
Greg Currey, USACE Wilmington Regulatory Field Office
Todd Bowers, EPA
DWR 401 & Buffer Permitting Branch Electronic file
� North Carolina Department of En%ironmental Quality I Division of Water Resources
612 North Salisbury Street 11617 Mail Service Center 1 Raleigh. North Carolina 27699-1617
.emm41 919.707 9000

DocuSign Envelope ID: E5322B7C-9194-48FB-9310-7D085E711F9C
Middle Island Property Owners Association, Inc.
DW RH 2O170891v2
Individual Certification NWQC005612
Page 3of14
Filename: 20170915v2_VBHI_MI Property Owners_IWQC_BrunsCo_Jan.23
RECEIVED
FEB 0 6 2023
MP SECTION
DCM WD CITY
North Carolina D ry Street
of Environmental Quality Division ofWa, North
er Resources
512 North Salisbury Street 1617 Mail Service Center I Raleigh, North Carolina 276941617
io 91M07.9000

DocuSign Envelope ID: E5322B7C-9194-48FB-9310-7D085E711F9C
Middle Island Property Owners Association, Inc.
DWR# 20170891v2
Individual Certification #WQC005612
Page 4 of 14
NORTH CAROLINA 401 WATER QUALITY CERTIFICATION
CERTIFICATION #WQC005612 is issued in conformity with the requirements of Section 401, Public Laws
92-500 and 95-217 of the United States and subject to North Carolina's Regulations in 15 NCAC 02H .0500
and 15A NCAC 02B .0200, to Alan Reyner and Middle Island Property Owners Association, Inc, who have
authorization for the impacts listed below, as described within your application received by the N.C.
Division of Water Resources (Division) on December 12, 2022, and by Public Notice issued by the Division
of Coastal Management on December 7, 2022.
The State of North Carolina certifies that this activity will comply with water quality requirements and
the applicable portions of Sections 301, 302, 303, 306, 307 of the Public Laws 92-500 and PL 95-217 if
conducted in accordance with the application, the supporting documentation, and conditivit: D
hereinafter set forth.
The following impacts are hereby approved. No other impacts are approved, including incidenial0 s 2023
impacts. [15A NCAC 02H .0506(b)]
MP SECTION
nr..
Type of Impact
Amount Approved
Amount Approved (units)
Plan Location or
(units) Permanent
Temporary
Reference
404/401 Wetlands
Excavation for culvert
0.004 acres
N/A
CAMA permit
install
+/-198 sq. ft.
Application, project
Fill for Bridge
0.019 acrs
narrative and
+/- 825 sq.ft.
Sheets W D-1,
Open Waters
WD-2, C1 R3,
Fill
0.019 acres
N/A
C2 R3, and C 3 R3
+/- 860 sq. ft.
Excavation for
0.004 acres
construction
+/-180sq.ft.
This approval requires you to follow the conditions listed in the certification below.
CONDITIONS OF CERTIFICATION [15A NCAC 02H .0507(c)]:
1. Concrete construction materials used for bridge construction and bulkhead components, such as
deadman anchors, tie -back systems and concrete caps, shall be managed in a manner that
prevents contact with waters of the State. A dry work area shall be maintained to prevent direct
contact between curing concrete and adjacent surface water. Water that inadvertently contacts
uncured concrete shall not be discharged to surface waters due to the potential for elevated pH
and possible aquatic life and fish kills. Any water that contacts uncured concrete shall be
captured, treated, and disposed of properly.
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0200,'15A NCAC 028.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (2) Oils,
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
ww� v

DocuSign Envelope ID: E5322B7C-9194-48FB-9310-7D085E711F9C Middle Island Property Owners Association, Inc.
D W Rti 20170891v2
Individual Certification NWQ0005612
Page 5 of 14
deleterious substances, or colored or other wastes: only such amounts as shall not render the
waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (2) Floating or submerged debris, oil, deleterious
substances, or other material shall not be present in amounts that cause adverse impacts on
existing wetland uses.
2. If activities must occur during periods of high biological activity (e.g. sea turtle nesting, fish
spawning, or bird nesting), then biological monitoring may be required at the request of
other state or federal agencies and coordinated with these activities.
All moratoriums on construction activities established by the NC Wildlife Resources
Commission (WRC), US Fish and Wildlife Service (USFWS), NC Division of Marine Fisheries
(DMF), or National Marine Fisheries Service (NMFS) shall be implemented. Exceptions to
this condition require written approval by the resource agency responsible for the given
moratorium.
RECEIVED
Work within a designated trout watershed of North Carolina (as identified by the
Wilmington District of the US Army Corps of Engineers), or identified state or federal FEB 0 6 2023
endangered or threatened species habitat, shall be coordinated with the appropriate WRC,
USFWS, NMFS, and/or DMF personnel. MP SECTION
DCM MHD CITY
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 048.0125
Justification: In order to protect against impairment of water quality standards and best usage of
receiving and downstream waters, water quality based management practices must be
employed to protect against direct or indirect discharge of waste or other sources of water
pollution. Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity, wildlife, secondary contact recreation, agriculture), and
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
3. The Permittee shall adhere specially to 15A NCAC 02B .0221 Tidal Salt Water Quality for Class SA
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.
Citation: 15A NCAC 028.0221
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided far in state rule (including, at minimum: aquatic life propagation, survival,
and maintenance of biological integrity (including fishing, fish, and Primary Nursery Areas
(PNAs)), wildlife, and secondary contact recreation]; and that activities must not cause water
pollution that precludes any best use on a short-term or long-term basis.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, Nonh Carolina 27699-lM7
awn' .an 919,707.9000
h

DocuSign Envelope ID: E5322B7C-9194-48FB-9310-7Do85E711 F9C Middle Island Property Owners Association, Inc.
DWR# 20170891v2
Individual Certification #WQC005612
Page 6 of 14
4. Due to the possibility that compaction and/or other site alterations might prevent the
temporary wetland impact area from re -attaining jurisdictional wetland status; the permittee
shall provide an update on the wetland areas temporarily impacted by the temporary on -site
detour. This update shall be conducted two growing seasons after completion of the work and
shall consist of photographs and a brief report on the progress of the areas in re -attaining
wetland jurisdictional status. Upon submission of this update to the NCDWR, the permittee
shall schedule an agency field meeting with the NCDWR to determine if the wetland areas
temporarily impacted by this project have re -attained jurisdictional wetland status. If the
wetland areas temporarily impacted by this project have not re -attained jurisdictional wetland
status, the NCDWR shall determine if compensatory wetland mitigation is to be required.
Citation: 15A NCAC 02H.O5O6(b)(2) and (b)(3)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with stae water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
5. All wetlands impacted by the placement of temporary fill or clearing activities shall be restored
to the preconstruction contours and elevations. The impacted areas shall be revegetRt El EVE®
appropriate native species including woody species.
FEB 06 2u'c
Citation: 15A NCAC 02H .O5O6(b)(2)
MP SECTION
Justification: A project that affects waters shall not be permitted unless the existing ulDowndtjkt CITY
water quality to protect such uses, are protected. In determining that the proposed activity will
comply with state water quality standards (including designated uses, numeric criteria, narrative
criteria and the state's antidegradation policy), the Division must evaluate if the activity has
avoided and minimized impacts to waters, would cause or contribute to a violation of standards
or would result in secondary or cumulative impacts.
6. The permittee shall report to the DWR Wilmington Regional Office any noncompliance with,
and/or any violation of, stream or wetland standards [15A NCAC 02B .0200], including but not
limited to sediment impacts to streams or wetlands. Information shall be provided orally within
24 hours (or the next business day if a weekend or holiday) from the time the permittee became
aware of the non-compliance circumstances.
Citation: 15A NCAC 021-1.O5O6(b); 15A NCAC 01 H .O5O7(c)
Justification: Timely reporting of non-compliance is important in identifying and minimizing
detrimental impacts to water quality and avoiding impacts due to water pollution that precludes
any best use on a short-term or long-term basis.
7. No waste, spoil, solids, or fill of any kind shall occur in wetlands or waters beyond the footprint
of the approved impacts (including temporary impacts).
North Carolina Department of Environmental nt Division Water Resources
512 Nonh SalisburySheet 1617 Mail Sereice ice Center I Raleigh,, North Carolina 27699-1617
919 70] 9000

DocuSign Envelope ID: E5322B7C-9194-48FB-9310-70085E711F9C Middle Island Property Owners Association, Inc.
DW RN 20170891v2
Individual Certification HWQ0005612
Page -RECEIVED
Citation: 15ANCACO2H.0506;I5ANCACO2H.0507(c) FEB 062023
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule (including, at minimum: aquatic life propagation, survival, MP SECTION
and maintenance of biological integrity; wildlife; secondary contact recreation; ogriculture)pS;* MHD CITY
that activities must not cause water pollution that precludes any best use on a short-term or
long-term basis.
8. When applicable, all construction activities shall be performed and maintained in full
compliance with G.S. Chapter 113A Article 4 (Sediment and Pollution Control Act of 1973).
Regardless of applicability of the Sediment and Pollution Control Act, all projects shall
incorporate appropriate Best Management Practices for the control of sediment and erosion so
that no violations of state water quality standards, statutes, or rules occur.
Design, installation, operation, and maintenance of all sediment and erosion control measures
shall be equal to or exceed the requirements specified in the most recent version of the North
Carolina Sediment and Erosion Control Manual, or for linear transportation projects, the North
Caroline Department of Transportation Sediment and Erosion Control Manual.
All devices shall be maintained on all construction sites, borrow sites, and waste pile (spoil) sites,
including contractor -owned or leased borrow pits associated with the project. Sufficient
materials required for stabilization and/or repair of erosion control measures and stormwater
routing and treatment shall be on site at all times.
For borrow pit sites, the erosion and sediment control measures shall be designed, installed,
operated, and maintained in accordance with the most recent version of the North Carolina
Surface Mining Manual. Reclamation measures and implementation shall comply with the
reclamation in accordance with the requirements of the Sedimentation Pollution Control Act
and the Mining Act of 1971.
If the project occurs in waters or watersheds classified as Primary Nursery Areas (PNAs), SA, WS-
I, WS-li, High Quality Waters (HOW), or Outstanding Resource Waters (ORW), then the
sedimentation and erosion control designs shall comply with the requirements set forth in 15A
NCAC 04B .0124, Design Standards in Sensitive Watersheds.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCACO2B .0200; 15A NCAC 02B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
512North Carolina DepaStr e t of EmiMail Segal Quality Division , Water Resources
512 North Salisbury Street I 1617 Mail sertice Center I Raleigh, North Carolina 27699-Ifi I7
we.em omw� 919.707.9000

DocuSign Envelope ID: E5322B7C-9194-48FB-9310-7D085E711F9C Middle Island Property Owners Association, Inc.
D W R# 20170891v2
Individual Certification #WQC005612
Pa'8gfl1,\4EIVED
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be pr�eSt 0 6 2023
in amounts that may cause adverse impacts on existing wetland uses.
9. Sediment and erosion control measures shall not be installed in wetland or waters exce M hinMHD N
Pbf,+�Jl nMHD CITY
the footprint of temporary or permanent impacts otherwise authorized by this Certification. If
placed within authorized impact areas, then placement of such measures shall not be conducted
in a manner that results in dis-equilibrium of any wetlands, streambeds, or streambanks. Any
silt fence installed within wetlands shall be removed from wetlands and the natural grade
restored within two (2) months of the date that DEMLR or locally delegated program has
released the specific area within the project to ensure wetland standards are maintained upon
completion of the project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 62B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
10. Erosion control matting that incorporates plastic mesh and/or plastic twine shall not be used
along streambanks or within wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses
(including aquatic life propagation and biological integrity), and the water quality to protect
such uses, are protected. Protections are necessary to ensure any remaining surface waters or
wetlands, and any surface waters or wetlands downstream, continue to support existing uses
during and after project completion. The Division must evaluate if the activity has avoided and
minimized impacts to waters, would cause or contribute to a violation of standards, or would
result in secondary or cumulative impacts.
11. If the project is covered by NPDES Construction Stormwater Permit Number NCGO10000 or
NPDES Construction Stormwater Permit Number NCG250000, full compliance with permit
conditions including the erosion & sedimentation control plan, inspections and maintenance,
self -monitoring, record keeping and reporting requirements is required,
wD_E Q�� North Carolina Department of Enviromnental Quality I Division of Water Resources
4512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
+k�..enim� 919.707.9000

DocuSign Envelope ID: E5322B7C-9194-48FB-9310-7D085E711F9C Middle Island Property Owners Association, Inc.
DW RN 20170891v2
Individual Certification NWQC005612
Page 9 of 14
Citation: 15A NCAC 02H .0506(b),'15A NCAC 02H .0507(c),'15A NCAC 02B .0200; 15A AtIffh VED
.0231 �-(t
Justification: A project that affects waters shall not be permitted unless the existing useFpBd6W 2023
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: &)SECTION
Oils, deleterious substances, or colored or other wastes: only such amounts as shall n0D0"deIIAHD CITY
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability of fish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased. As cited in Wetland Standards: (c)(1) Liquids,
fill or other solids, or dissolved gases shall not be present in amounts that may cause adverse
impacts on existing wetland uses; and (3) Materials producing color or odor shall not be present
in amounts that may cause adverse impacts on existing wetland uses.
12. All work in or adjacent to streams shall be conducted so that the flowing stream does not come
in contact with the disturbed area. Approved best management practices from the most current
version of the NC Sediment and Erosion Control Manual, or the NC Department of
Transportation Construction and Maintenance Activities Manual, such as sandbags, rock berms,
cofferdams, and other diversion structures shall be used to minimize excavation in flowing
water.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 021-1.0507(c); 15A NCAC 028.0200
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses; and (21) turbidity in the receiving water shall not exceed 50 Nephelometric Turbidity Units
(NTU) in streams not designated as trout waters and 10 NTU in streams, lakes, or reservoirs
designated as trout waters; for lakes and reservoirs not designated as trout waters, the turbidity
shall not exceed 25 NTU; if turbidity exceeds these levels due to natural background conditions,
the existing turbidity level shall not be increased.
13. Culverts shall be designed and installed in such a manner that the original stream profiles are
not altered and allow for aquatic life movement during low flows. The dimension, pattern, and
profile of the stream above and below a pipe or culvert shall not be modified by widening the
stream channel or by reducing the depth of the stream in connection with the construction
activity. The width, height, and gradient of a proposed culvert shall be such as to pass the
average historical low flow and spring flow without adversely altering flow velocity. If the width
of the culvert is widerthan the stream channel, the culvert shall include multiple boxes/pipes,
baffles, benches and/or sills to maintain the natural width of the stream channel. If multiple
D_E Q North Carolina Dey Street
e t 1 161 iMail Sen Quality Division , Water Resources
512 Noah Salisbury' Street 1 1617 Mail Sen'ice Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: E5322B7C-9194-48FB-9310-7D085E711F9C Middle Island Property Owners Association, Inc.
DWR# 20170891v2
Individual Certification #WQC005612
Page 10 of 14
culverts/pipes/barrels are used, low flows shall be accommodated in one culvert/pipe and RECEIVED
additional culverts/pipes shall be installed such that they receive only flows above bankfull.
Placement of culverts and other structures in streams shall be below the elevation of the FEB 0 6 71.3
streambed by one foot for all culverts with a diameter greater than 48 inches, and 20%of the MP SECTION
culvert diameter for culverts having a diameter less than or equal to 48 inches, to allow low item MHD CITY
passage of water and aquatic life. If the culvert outlet is submerged within a pool or scour hole
and designed to provide for aquatic passage, then culvert burial into the streambed is not
required.
For structures less than 72" in diameter/width, and topographic constraints indicate culvert
slopes of greater than 2.5%culvert burial is not required, provided that all alternative options
for flattening the slope have been investigated and aquatic life movement/connectivity has
been provided when possible (e.g. rock ladders, cross -vanes, sills, baffles etc.). Notification,
including supporting documentation to include a location map of the culvert, culvert profile
drawings, and slope calculations, shall be provided to DWR 30 calendar days prior to the
installation of the culvert.
When bedrock is present in culvert locations, culvert burial is not required, provided that there
is sufficient documentation of the presence of bedrock. Notification, including supporting
documentation such as a location map of the culvert, geotechnical reports, photographs, etc.
shall be provided to DWR a minimum of 30 calendar days prior to the installation of the culvert.
If bedrock is discovered during construction, then DWR shall be notified by phone or email
within 24 hours of discovery.
Installation of culverts in wetlands shall ensure continuity of water movement and be designed
to adequately accommodate high water or flood conditions. When roadways, causeways, or
other fill projects are constructed across FEMA-designated floodways or wetlands, openings
such as culverts or bridges shall be provided to maintain the natural hydrology of the system as
well as prevent constriction of the floodway that may result in destabilization of streams or
wetlands.
The establishment of native woody vegetation and other soft stream bank stabilization
techniques shall be used where practicable instead of rip -rap or other bank hardening methods.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
14. Bridge deck drains shall not discharge directly into streams or wetlands. Stormwater shall be
directed across the bridge and pre-treated through site -appropriate means to the maximum
extent practicable (e.g. grassed swales, pre -formed scour holes, vegetated buffers, etc.) before
entering streams or wetlands.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
D E Q�� Nonh Carolina Depanmem of Environmemal Quality I Dieision of Writer Resources
512 North Salisbury Street 1 1617 Mai[ Sen ice Center 1 Raleigh, North Carolina 27699-1617
� e edm� 919,707.9000

DocuSign Envelope ID: E5322B7C-9194-48FB-9310-7D085E71I F9C Middle Island Property Owners Association, Inc.
DWR# 20170891v2
Individual Certification #WQC005612
Page 11 of 14
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that in -stream structures
are installed properly will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
15. Application of fertilizer to establish planted/seeded vegetation within disturbed riparian areas and/or wetlands shall be conducted at agronomic rates and shall comply with all other Federal, R FCE/VFD
State and Local regulations. Fertilizer application shall be accomplished in a manner that
PO
minimizes the risk of contact between the fertilizer and surface waters. FFU 06?0
rj
Citation: 15A 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 02B .0200; 15A NCAC 02B .0231IMP SECTION
Justification: A project that affects waters shall not be permitted unless the existing uses, and the MHO CITY
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
16. All proposed and approved temporary fill and culverts shall be removed and the impacted area
shall be returned to natural conditions within 60 calendar days after the temporary impact is no
longer necessary. The impacted areas shall be restored to original grade, including each
stream's original cross -sectional dimensions, planform pattern, and longitudinal bed profile. All
temporarily impacted sites shall be restored and stabilized with native vegetation.
Citation: 15A NCAC 021-1.0506(b); 15A NCAC 02H .0507(c)
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Protections are necessary to ensure any
remaining surface waters or wetlands, and any surface waters or wetlands downstream,
continue to support existing uses after project completion.
17. All proposed and approved temporary pipes/culverts/rip-rap pads etc. in streams or wetlands
shall be installed as outlined in the most recent edition of the North Carolina Sediment and
Erosion Control Planning and Design Manual or the North Carolina Surface Mining Manual or
the North Carolina Department of Transportation Best Management Practices for Construction
and Maintenance Activities so as not to restrict stream flow or cause dis-equilibrium during use
of this Certification.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. Ensuring that structures are installed
Noah Carolina Department of Environmental Quality I Division of Water Resources
D ���
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1612
919.707,9000

DocuSign Envelope ID: E5322B7C-9194-48FB-9310-7D085E711F9C
Middle Island Property Owners Association, Inc.
DWR# 20170891v2
Individual Certification #WQC005612
Page 12 of 14
properly in waters will ensure that surface water quality standards are met and conditions of
waters are suitable for all best uses.
18. Any rip -rap required for proper culvert placement, stream stabilization, or restoration of
temporarily disturbed areas shall be restricted to the area directly impacted by the approved
construction activity. All rip -rap shall be placed such that the original streambed elevation and
streambank contours are restored and maintained and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Placement of rip -rap or other approved materials
shall not result in de -stabilization of the stream bed or banks upstream or downstream of the
area or be installed in a manner that precludes aquatic life passage.
Citation: 15A NCAC 02H .O5O6(b); 15A NCAC 02H .O507(c)
RECE/V'EF4
FFg O 6 20 _
Justification: Surface water quality standards require that conditions of waters be suitable foe,,P SECT/
best uses provided for in state rule, and that activities must not cause water pollution that UND cm,
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
19. Any rip -rap used for stream or shoreline stabilization shall be of a size and density to prevent
movement by wave, current action, or stream flows, and shall consist of clean rock or masonry
material free of debris or toxic pollutants. Rip -rap shall not be installed in the streambed except
in specific areas required for velocity control and to ensure structural integrity of bank
stabilization measures.
Citation: 15A NCAC 02H .O5O6(b); 15A NCAC O2H.O5O7(c); 15A NCAC O2B .0201
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
20. All mechanized equipment operated near surface waters shall be inspected and maintained
regularly to prevent contamination of surface waters from fuels, lubricants, hydraulic fluids, or
other toxic materials. Construction shall be staged in order to minimize the exposure of
equipment to surface waters to the maximum extent practicable. Fueling, lubrication, and
general equipment maintenance shall be performed in a mannerto prevent, to the maximum
extent practicable, contamination of surface waters by fuels and oils.
Citation: 15A NCAC 02H .O5O6(b), 15A NCAC 02H .O5O7(c); 15A NCAC 02B .0200; 15A NCAC O2B
.0231
Justification: A project that affects waters shall not be permitted unless the existing uses, and the
water quality to protect such uses, are protected. Activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. As cited in Stream Standards: (12)
Oils, deleterious substances, or colored or other wastes: only such amounts as shall not render
the waters injurious to public health, secondary recreation, or to aquatic life and wildlife, or
adversely affect the palatability offish, aesthetic quality, or impair the waters for any designated
North Carolina Department orEnviMail Setal ice
Cent I Division . Water Resources
512 North Salisbury Street 11617 Mail Sen ice Center I Raleigh, North Carolina 27699-1617
+^^ 919.707.9000

DocuSign Envelope ID: E5322B7C-9194-48FB-9310-7D085E711F9C Middle Island Property Owners Association, Inc.
D W R# 20170891v2
Individual Certification #WQC005612
Page 13 of 14
uses. As cited in Wetland Standards: (c)(1) Liquids, fill or other solids, or dissolved gases shall not
be present in amounts that may cause adverse impacts on existing wetland uses; and (3)
Materials producing color or odor shall not be present in amounts that may cause adverse
impacts on existing wetland uses.
21. Heavy equipment working in wetlands shall be placed on mats or other measures shall be ta"'ECO '
to minimize soil disturbance and compaction. lIr�CC VV�.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c); 15A NCAC 028.0231 FE8 06
Justification: Wetland standards require maintenance or enhancement of existing uses of Mp SECTION
wetlands such that hydrologic conditions necessary to support natural biological and physiilqu MHO On,
characteristics are protected; populations of wetland flora and fauna are maintained to protect
biological integrity of the wetland; and materials or substances are not present in amounts that
may cause adverse impact on existing wetland uses.
22. In accordance with 143-215.85(b), the permittee shall report any petroleum spill of 25 gallons or
more; any spill regardless of amount that causes a sheen on surface waters; any petroleum spill
regardless of amount occurring within 100 feet of surface waters; and any petroleum spill less
than 25 gallons that cannot be cleaned up within 24 hours.
Citation: 15A NCAC 02H .0507(c); N.C.G.S 143-215.85(b)
Justification: Person(s) owning or having control over oil or other substances upon notice of
discharge must immediately notify the Department, or any of its agents or employees, of the
nature, location, and time of the discharge and of the measures which are being taken or are
proposed to be taken to contain and remove the discharge. This action is required in order to
contain or divert the substances to prevent entry into the surface waters. Surface water quality
standards require that conditions of waters be suitable for all best uses provided for in state rule
(including, at minimum: aquatic life propagation, survival, and maintenance of biological
integrity; wildlife; secondary contact recreation; agriculture); and that activities must not cause
water pollution that precludes any best use on a short-term or long-term basis.
23. The permittee and their authorized agents shall conduct all activities in a manner consistent
with State water quality standards (including any requirements resulting from compliance with
§303(d) of the Clean Water Act), and any other appropriate requirements of State and Federal
Law.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Surface water quality standards require that conditions of waters be suitable for all
best uses provided for in state rule, and that activities must not cause water pollution that
precludes any best use on a short-term or long-term basis. The Division must evaluate if the
activity has avoided and minimized impacts to waters, would cause or contribute to a violation
of standards, or would result in secondary or cumulative impacts.
24. The permittee shall require its contractors and/or agents to comply with the terms and
conditions of this certification in the construction and maintenance of this project, and shall
provide each of its contractors and/or agents associated with the construction or maintenance
of this project with a copy of this Water Quality Certification. A copy of this Water Quality
North Carolina Department of Environmental Quality I Die ision of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699.1617
D�� 919,707?000

DocuSign Envelope ID: E5322B7C-9194-48FB-9310-7D085E711 F9C Middle Island Property Owners Association, Inc.
D W RN 20170891v2
Individual Certification HWQC005612
Page 14 of 14
Certification shall be available at the project site during the construction and maintenance of
this project.
Citation: 15A NCAC 02H .0506(b); 15A NCAC 02H .0507(c)
Justification: Those actually performing the work should be aware of the requirements of this
401 Water Quality Certification to minimize water quality impacts.
This approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in
your application shall expire upon expiration of the 404Permit. The conditions in effect on the date of
issuance shall remain in effect for the life of the project, regardless of the expiration date of this
Certification. [15A NCAC 02H .0507(c)]
This, the 30th day of January 2023
Ev
Docu319neO bY:�/ 6MUA saw&v—U"
E3A6A14AC7DC434...
Morelia Sanchez -King
Regional Operations Supervisor
MSK/hs
DEQ�North Carolina DeparonentofEn iromnentalQuality I DnisionofWaterResonrces
5I2 North Salisbury Street 11617 Mail Semite Center I Raleigh, North Carolina 27699-1617
rvtnni c�nar<n 919.707.9000
o-o,m.aarm...emm�
RECEIVED
FEB 0 6 .
DCM SECTION
"HD CITY