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HomeMy WebLinkAbout20170891 Ver 2_CAMA Application_20221202DIVISION 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: 33°52'12.24"N Long: 770 58'59.12"W 3, INVESTIGATION TYPE: CAMA/ Dredge & Fill 4. INVESTIGATIVE PROCEDURE: Date of Site Visit — 3/25121, 1/27/22 Was Applicant Present — Agent 5. PROCESSING PROCEDURE: Application Received — 614121 DWR Pre -File Date- 6111/21 WiRo Complete- 11/17/22 DWR Pre -file Complete Date: 7111121 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 — NIA Planned - NIA (F) Type of Structures: Existing — Docking facility with boat launch and shoreline stabilization Planned - Replace Two Timber Access Bridges (G) Estimated Rate of Erosion: NIA Source- (. 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: SAIHQW 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 POA dock and boat ramp. :: DEQ�P North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 910.796.7215 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 alterniffora, 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 alterniflora). 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 SAIHQW 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. Q EQ� North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 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 WD2). 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 (Sparfina alferniflora), 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 corner 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 919121 (Attached). Normal high water flows beneath both bridges, but due to the density of vegetation adjacent to the bridges and heightof 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 taperto 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. D_E North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 Nonni cwia_mu ^^�� 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 : D- FW Qom/ 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 ?022 5489 Eastwind Rd Wilmington, NC 28403 marekvd#er,,rr.com 910-799-9245 DCM WILMINGTON, NC Updated I 1-16-22 Per CAMA Comments, Better Delineotion 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" Tlie Middle Island Homeowners Association, Inc., (MIHOA) has retained me as authorized agent in applying for a minor modification to its existing CAMA 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 3/1/21. Per CAMA and other agency comments. the submittal was upgraded to a major rnod. A DWR electronic filing was submitted on 6-11-21. On 7-1 1-21. the package for conventional 3H:1 V side sloped "land bridges" was submitted. CAMA 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 I I' 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/I.PO Stephen Boyett. The new docks have weathered Hurricanes Dorian and Isaias. (They fared much better than the downwind Southport Marina!) We will progress to the Boat Ramp Replacetnent/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 Youred 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 f'or 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 Proiect Engineer, getting prefabricated concrete planks to the site is problematic. I am not sure that I can get a sufficient sized barge/crane up tine 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 VilIRM M&TON, NC island Boat Ramp on Bald Head Creek at the Kayak Launch Site along North Bald Head Wynd. The probleni 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 Stich as the Timber Cart Bridge over the rnarsh from the Old Baldy Lighthouse to Keelson Row had so much more length to work with and higher starting grade elevations of 6 FMS1_ 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 I F Wide +/-. 2 Proiect Narrative: CAMA 8-18 Major Modification Request Replacement of Two Timber Bridges The Marina/Boat Ramp are appx 1 Mile cast of Old Baldy Light House. but 5.5 miles by road. After the 2022 season, the bridges are in even worse condition. RECEIVED NOV 17 2P? M WILMINGTON, NC 3 Project Narrative: CAMA 8-18 Major Modification Request Replacement of"Fwo "firnber Bridges The Mari na/Perni 1 tied Ramp is part of/accessed through Middle Island Property Owner Association 0.93 acre Brunsco Parcel 426000042 aka Tract A. Map Cabinet 31, Page 245, and the Cape Creels 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 17 2022 DGM W11 MINGTON, NC Project Narrative: LAMA 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 iaydown 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'xI l' 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 RECEIVE[ NOV 17 2V2 Project Narrative: CAMA 8-18 Major Modification Request Replacement of Two Timb WlLONGTC?N, 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 I0 years ago, when I re -did the Middle Island Bald Head Creek Dock. lie 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 3' 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 l IL -MIN( TON, N The South Bridge. 32.2' x II' +/- (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 rightleast end. This is appx the same as the Bald Head Island Marina Cap. Village of Bald Head Island minimum road elevation is b 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 G FMSl, elevation. and grade back io 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: CAiMA 8-18 Major Modification Request Replacement of Two Timber Bridges RECEIVED NOV 17 ZfJ?.2 DCM WILMINGT©N, NC Below is the North apex 54.4' Timber Bridge It is only about 65' to the marina/boat ramp. Praieet 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 Constniction related ICE Vehicles (Internal Combustion Engines, i.e. trucks, which are specifically tared 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 1 b' paved width. Not the mainland 12' width typical paved lane width. Proiect Narrative: CAMA 8-18 Major Modification Request Replacement ofTwo'Timber Bridges This has carried oil 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 minimaliz_ed 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 alter 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 FMSI. when built in the early 1980's. Under NAVD 88 it is appx 4.92 FMSL. 1 have only seen/heard 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 niy 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 plus 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 WDl & WD2. See also the updated the MPI.MP2 & MP5 LAMA forms to 11-16-22 and added MP3, also seal dated 1 I-16-22. The Forms are riot 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 authoi'it} review and take action on C WA 401 certification or other, (if necessary.) within the applicable reasonable period of time. RECEIVED NOV 17 20?2 CAL DCM WILMINGTON, NC 15684 8 Project Narrative; C'AMA 8-18 Major Modification Request Replacement of Two Timber Bridges IMP-1 APPLICATION for Major Development Permit (last revised 12/27106) North Carolina DIVISION OF COASTAL MANAGEMENT 1. Primary Applicant/ Landowner Information Business Name Middle Island Property Owners Association, Inc Project Name (if applicable) LAMA 8-18 Major Mod Replacement of Two Aged Timber Bridges with Sheet Pile Sided Land Bridges Applicant 1. First Name MI Last Name c/o Alan Reyner Applicant 2: First Name MI Last Name If additional applicants, please attach an additional page(s) with names listed. Mailing Address PO Box City State 1837 W. Buchanan St. Columbia 5C ZIP Country Phone No FAX No. 29206 USA 1803.609.3417 ext. Street Address (if different from above) City State ZIP I 3 _ Email alanreyner@gmaii.com 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 Mt Last Name i Mailing Address PO Box City State 5489 Eastwind Rd. Wilmington NC ZIP Phone No. f Phone No. 2 1910 28403 i 910 - 799 - 9245 ext - 228 - 2484 ext. FAX No j Contractor # i NC PE# 15684 Street Address (if different from above) City State ZIP _ _ Email N 0 V /II• marekyd@ec.rr.com t DCM VWLMING T ON, NC Form DCM MP-1 (Page 2 of 5) 6n'R9A 6 -/ g�-' <Form continues on back> APPLICATION for Major Development Permit RECEIVED Nov 17 2022 DCM WILMINGTON, NC 25?-tl0A-2S;08 88l-APCI1ASf v,. 4'.Tic;:04, ..�ini;are_a.14FY)e 4-eIt;f Form DCM MP-1 (Page 3 of 5) APPLICATION for 64dq,f !?'/�/ Major Development Permit 3. Project Location County (can be multiple) Street Address State Rd # Brunswick (End of) Cape Creek Rd Subdivision Name City State Zip Tract A Bald Head Island NC 28461 - Phone No. Lot No (s) (d 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 e. Is proposed worts within city limits or planning jurisdiction? f. If applicable. list the planning jurisdiction or city 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 sf +l c Size of individual lots) 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) Sat Bridges (4.8 FMSL); 4+' Max ®NHW 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 arealboat 8 trailer storage. Appx 20' x 40' Existing Maintenance Bldg with gravel driveway and laydown area. g Identify and describe the existing land uses adiacent 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 marina/boat ramp. h. How does local government zone the tract? i. Is the proposed project consistent with the applicable zoning? PD-4 (or in undesignated zone adjacent to PD-4 (Attach zoning compliance certificate, if applicable) ®Yes (:)No ❑NA j. Is the proposed activity part of an urban waterfront redevelopment proposal? []Yes ®No k. Hasa professional archaeological assessment been done for the tract? If yes, attach a copy. ❑Yes ❑No ®NA If yes. by whom? I Is the proposed project located in a National Registered Historic District or does it involve a ❑Yes ®No ❑NA National Register listed or eligible property? RECEIVED, <Form continues on next page> NOV 17 2M DCM WILMINGTON NC " ^.. () S • 1 SS SS Y. .. 1 N is el ., el Ff L; � F1 c 'f .. �+r ;�: �•,� , ri e, C .y i� t°. � '. ! !r: 7r rl :� + Form DCM MP-1 (Page 4 of 5) APPLICATION for 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 (d) above, has a delineation been conducted? ®Yes ❑No (Attach documentation, 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 Sitelroads/bridges pre-exist 1988 State Stormwater Regulations; Site & Overall Island are considered as Low Density 5. Activities and Impacts a. Will the project be for commercial. public, or private use? ❑Commercial [Public/Government (Private/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 POA 9 slip marinalboat 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 sf Total =.06 ac ®Sci Ft or ®Acres g_ Will the proposed project encroach on any public easement, public accessway or other area ❑Yes ®No DNA that the public has established use of? h Describe location and type of existing and proposed discharges to waters of the state. No anticipated discharges to waters of the state. Flow thru of existing shallow creek area, and possible flow over in extreme storm events. I i Will wastewater or stormwater be discharged into a wetland? ❑Yes ®No DNA If yes. will this discharged water be of the same salinity as the receiving water? [-]Yes ❑No DNA j_ Is there any mitigation proposed? ❑Yes o DNA If yes, attactz a mitigation proposal. RECEIVED WIr.4XCIC-91PT 916:0 Adwtl iz NOV 17 2022 Form continues on back> Wit RrIIRIr-`TnK.1 Y(_, Form DCM MP-1 (Page 5 of 5) APPLICATION for C,t#A e lte- Major Development Permit 6. Additional Information In addition to this completed application form, (MP-1) the following items below, if applicable, must be submitted in order for the application padrage to be complete. Items (a) — (0 are always applicable to any major development application. Please consult the application instruction booklet on how to properly prepare the required items below. a. A project narrative. b. An accurate, dated work plat (including plan view and cross -sectional drawings) drawn to scale. Please give the present status of the proposed project. Is any portion already complete? If previously authorized work, clearly indicate on maps, plats. drawings to distinguish between work completed and proposed. C_ d « M W c. A site or location map that is sufficiently detailed to guide agen personnel unfamiliar wish the area to the site. ✓ d. A copy of the deed (with state application only) or other instrument under which the applicant claims title to the affected properties. e. The appropriate application fee. Check or money order made payable to DENR. f. A list of the names and complete addresses of the adjacent waterfront (riparian) landowners and signed return receipts as proof that such owners have received a copy of the application and plats by certified mail Such landowners must be advised that they have 30 days in which to submit comments on the proposed project to the Division of Coastal Management. Name Bald 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. permitiee, and issuing dates. LAMA 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. Wetland delineation, if necessary. j. A signed AEC hazard notice for projects in oceanfront and inlet areas. (Must be signed by property owner) k. A statement of compliance with the N.C. Environmental Policy Act (N.C.G.S. 113A 1.10). if necessary. If the project involves expenditure of public funds or use of public lands, attach a statement documenting compliance with the North Carolina Environmental Policy Act. 7. Certification and Permission to Enter on Land I understand that any permit issued in response to this application will allow only the development described in the application. The project will be subject to the conditions and restrictions contained in the permit. I certify that I am authorized to grant, and do in fact grant permission to representatives of state and federal review agencies to enter on the aforementioned lands in connection with evaluating information related to this permit application and follow-up monitoring of the project. 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 Please indicate application attachments pertaining to your proposed project. .1 f ~j G�� ®DCM MP-2 Excavation and Fill Information ®DGM MP-5 Bridges and Culve►ts RECEIVED ®DCM MP-3 Upland Development ©DCM MP-4 Structures Information NOV 17 2022 DCM WIL_MINGTON, NC; 25-J,-806-2tt0P.. I.8V8-4F(COAS7 }.vwW.::rr,::.SYafman;, . Form DCM MP-2 CAMA ?'/f' EXCAVATION and FILL (Except for bridges and culverts) Attach this form to Joint Application for LAMA 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 i Other 7 Channel Canal Boat Basin I Boat Ramp Rock Groin Rock (excluding (NLW or Breakwater shoreline NWL) stabilization Length N 55'+1- I S 35' +/- I Width N 18'+/- S 18'+/- Avg. Existing N .8' to NHW Depth NA NA S .6' to NHW Final Project Fill btwn Depth NA NA Sheet Pile to 6' road elev If. EXCAVATION ®This section not applicable 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 wetlands/marsh (CW), submerged aquatic vegetation (SAV), shell bottom (SB). or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ❑CW ❑SAV ❑SS OWL []None (0) Describe the purpose of the excavation in these areas: d. High -ground excavation in cubic yards. 2. DISPOSAL OF EXCA VA TED MATERIAL ®This section not applicable a. Location of disposal area. b Dimensions 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 e. (i) Does the disposal area include any coastal wellandsJmarsh (CVV), 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 ❑S13 OWL ❑None (ii) Describe the purpose of disposal in these areas: (i) Will a disposal area be available for future maintenance? ❑Yes []No ❑NA (k) If yes, where? (i) Does the disposal include any area in the water? ❑Yes ❑No ❑NA (4i) If yes, how much water area is affected? -CInIVED NOV 17 ?02? Foi-rp r°)CM IMP-27sr?ri )'ill., P- av4u ''� of 3) Wee 3. STABILIZATION ❑This section not applicable (If development is a wood groin, use MP-4 — Structures) a. Type ol[AI ewelir&stabilizatiom ❑Bulkhead ®Riprap ❑BreakwaterlSill ❑other: c Average distance waterward of NHW or NWL_ al land bridge corners & below water level under culvert pipe ends: 100 sf total e. Type of stabilization material: riprap g. Number of square feet of fill to be placed below water level. Bulkhead backfill Riprap 5sf'3 pipes'2 ends'2=60sf Breakwater/Sill Other L Source of fill material. OH Island quarry or landscape purchase, or local created rubble b- Length: 5 sq ft ripryR "patches" at land bridge corners x4x2= 40sf Width: d. Maximum distance waterward of NHW or NWL: f. (i) Has there been shoreline erosion during preceding 12 months? ❑Yes ❑No ®NA (6) If yes, state amount of erosion and source of erosion amount information. h. Type of fill material. Clean Rubble or Quarry Rock, various size per final site conditions 4. OTHER FILL ACTIVITIES ❑This section not applicable (Excluding Shoreline Stabilization) a (i) Will fill material be brought to the site? ®Yes ❑No ❑NA b. (i) Will fill material be placed in coastal wetlandslmarsh (CW). If yes, submerged aquatic vegetation (SAV), shell bottom (SB), or (6) Amount of material to be placed in the water 860x1'=33cv other wetlands (WL)? If any boxes are checkedprovide the number of square feet affected. (iii) Dimensions of fill area North Bridge 470 sf=18'x26.1'; South Land Bridge 390 sf=4x21.67' Iiv) Purpose of fill Replacing existing aged limber bridges with sheet pile bulkheaded land bridges (two) North Bridge Total Fill Appx 55x18'x5"=4950 cf =185 cy;South 35x18x5'=3150 cf=t20Cy Plus road transitions taper to land bridge 6 FMSL elevation ECW 540 sf ❑SAV ❑SB ®WL 285 sf ❑None (d) Describe the purpose of the fill in these areas: CW = Coastal Wetland Only: N 290 sf+S 250 sf = 540 sf WL = Joint N 195 sf + Joint S 90 sf = 285 sf. 5. GENERAL a. How will excavated or fill material be kept on site and erosion b. What type of construction equipment will be used (e.g., dragline, controlled? backhoe, or hydraulic dredge)? Existing gravel laydown area W or directly placed between vinyl sheet pile sides.. c (i) Will navigational aids be required as a result of the project? ❑Yes ®No DNA (ii) If yes, explain what type and how they will be implemented. Back hoe, dump truck(s), bull dozer, roller, grader d. (i) Will wetlands be crossed in transporting equipment to project site? ❑Yes ®No DNA (n) If yes, explain steps that will be taken to avoid or minimize environmental impacts Note: Proposed Land Bridges allow for PolicelFire Vehicle access to Cape Creek Marina. plus facilitate the on -site construction of CAMA 8-18 Concrete Boat Ramp replacement RECEIVED 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 Prope►ty gwners Association Applicant Name Applicant Sig r f• ��rtiL RECEIVED EU NOV 17 20Z2 DCM WILMINGTON, NC Form DCM MP-3 C 4A4 e'le 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 appficablehas a sedimentation and erosion control plan been submitted to the Division of Land Resources? ❑Yes ❑No ®NA (ii) If yes. list the date submitted: g Give the percentage of the tract within the coastal shoreline AEC to be 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. Size 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 sfBoth Total 1060 sf. f. List the materials (such as mart, paver stone. asphalt, or concrete) to be used for impervious surfaces. sand/marl/abc stone h. Projects that require a CAMA Major Development Permit may also require a Stormwater Certification W Has a site development plan been submitted to the Division of Water Quality for review? ❑Yes ❑No ®NA (ii) If yes. list the date submitted: RECEIVED NOV 1'1 2W ()CM WILMINGTON, NC Form ncm P—,jtx , of 2) CXR- ,f e+Ir j. Describe proposed method of sewage disposal Replacement of existing timber bridge project. No Sewage. I. 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 lot(s) 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, P.E. Applicant Name Applicant Signature �'• lr" k. have the facilities described in Item (i) received state or local approval? ❑Yes ❑No ®NA If yes. attach appropriate documentation. m. floes the proposed project include an innovative slormwater design? ❑Yes ❑No ®NA If yes, attach appropriate documentation. m (i) Will water be impounded? ❑Yes ®No []NA (ii) If yes, how many acres? P. If proposed development is a subdivision, will additional utilities be installed for this upland development? ❑Yes ❑No ®NA RFCEIVED NOV 17 20 DCM WILMIINGTON, NC Form 0CM MP-5 604h 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. 9. BRIDGES a. Is the proposed bridge: ❑commercial ❑Public/Government ®PrivatelCommunity c. Type of bridge (construction material): Land Bridge Replacement of Existing Timber Bridges e. 0) Will proposed bridge replace an existing bridge? ®Yes ❑No If yes, (ii) Length of existing bridge: North Bridge 54A',South 322' (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 g Length of proposed bridge: North Bridge 55'+/ South 35'4/- 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 none; ❑ This section not applicable b Water body to be crossed by bridge: Cape Creek, Middle Island, Bald Head Island, NC 2W1 d Water depth at the proposed crossing at NLW or NWL: About I'at low point of channel f, (i) Will proposed bridge replace an existing culvert? ❑Yes ®No If yes. (4) Length of existing culvert: (iii) Width of existing culvert: (iv) Height of the top of the existing culvert above the NH W 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' out to out j. Will the proposed bridge affect navigation by reducing or increasing the existing navigable opening? ❑Yes ®No If yes, explain: Not Navigable I 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 BotlomAppx <1' 2. CULVERTS a. Number of culverts proposed: Three Each Land Bridge ❑This section not applicable b. Water body in which the culvert is to be placed Cape Creek ECL lI TI Nov 17 2022 DUM WILMINGTON,= Form DC M MP-5 (13rir qos r,r,ad C irlud rS= - Pat1t* '3 r)t 4) C- `Am t —,0 < Form continues on hack> e. Type of culvert (construction material): Corrugated Metal with Concrete Headwalls d. 0) Will proposed culvert replace an existing bridge? ®Yes ❑No If yes, (0 Length of existing bridge; 54.4'N, 322S (iii) Width of existing bridge: 11'+/- 00 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? ❑Yes ®No If yes, explain: 3. EXCAVATION and FILL a. (i) Will the placement of the proposed bridge or culvert require any excavation below the NHW or NWL? ®Yes ❑No If yes. 00 Avg. length of area to be excavated- 20' (iii) Avg. width of area to be excavated. 3' Bucket W x 6 i es (iv) Avg. depth of area to be excavated: 1' to create level bed (v) Amount of material to be excavated in cubic yards- 14 e. (i) Will proposed culvert replace an existing culvert? ❑Yes ®No If yes, 00 Length of existing culvert(&): (iii) Width of existing culvert(s): (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) 9. Width of proposed culvert: 16" Nominal Diameter Culvert Pi e i. 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 ®No If yes. explain: ❑This section riot applicable b- W 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. ❑CW 198 sf ❑SAV ❑SB OWL I ❑None 00 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. 9' of each 20' pipe length is unvegetated. 11' x3'x6 pipes = 198 sf RECEIVED NOV 17 2022 DCM WILMINGT"ON, NC Pof"m DCFA NIP-5 mridgrs and Cuia{arts. pars e 3 of 41 cAli/%/F /U C. d (i) Will the placement of the proposed bridge or culvert require any high -ground excavation? ❑Yes ®No 1f yes. 00 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: If the placement of the bridge or culvert involves any excavation, please complete the following. (i) Location of the spoil disposal area: (ii) Dimensions of the spoil disposal area- (iii) Do you claim title to the disposal area? ❑Yes []No (1f no, attach a lettergranting permission from the owner) (iv) Will the disposal area be available for future maintenance? []Yes ❑No (v) Does the disposal area include any coastal wellandslmarsh (CW), submerged aquatic vegetation (SAVs), other wetlands (WL), or shell bottom (SB)? ❑CW ❑SAV ❑WL ❑SS ❑None If any boxes are checked. give dimensions if different from (ii) above. NO Does the disposal area include any area below the NHW or NWL? ? ❑Yes ❑No If yes, give dimensions if different from (ii) above. e. (1) 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 below NHW or NWL? ®Yes ❑No 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 9 0) 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. 00 Avg. length of area to be filled 20' road taper x 4 ends (iii) 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 wellandslmarsh (CW), submerged aquatic vegetation (SAV), shell bottom (SS). or other wetlands (WL)? If any boxes are checked, provide the number of square feet affected. ®CW 540 sf ❑SAV ❑SB ®WL 285 sf ❑None (h) Describe the purpose of the excavation in these areas: CW = CW only:North 290; South 250; Total = 540 sf WL = Joint WL: North 195; South 90: Total = 285 sf RECEIVED NOV 17 M22 0CM WILMINGTON, NC ;151'1�44()8-lt3t}F; ;: 3.it3f3 l�iCC? ti :: urz�rrr-rIcc.o�Z:: - :l :.;. �c:i Fo m DGMI f0kl -5 ( 149es ar`;d Cuiv%-Vi .- Pago 4 of 4) C—of e—/s- 4. GENERAL a. Will the proposed project require the relocation of any existing br 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 If this portion of the proposed project has already received approval from local authorities, please attach a copy of the approval or certification Will the proposed project require the construction of any temporary detour structures? ❑Yes ®No If yes, explain c Form continues on backs 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 Form 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 iaydown. e. What type of construction equipment will be used ffor example, dragline, backhoe, or hydraulic dredge)? Back Floe, 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 f. 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 1 ': �} —' •1°, -A 156,34 hl F N y�* NOV 17 20?7_ QCM WILMINGTON, NC; ki'tiV '4�qj: Ic'F:zr;;e>f• https:,'ledocs.de'q.n.gov forms] orrn/Suhrnit Thank you! Yc.jr -c-m i 3? teen sit - red. Print Email Contact Name' L'JCa lfa%c RE= Contact Email Address'r av-erfdsec,-r.co Project Owner` rNcde lslaw-rcpa'ty cana,Aa.3cpai n l+o. Project Name" h's.or k4W: Pep a:e'•er: 0-wo Tm?vrr @• 0ge3 Project County" is w aw .a OwrwrAddrass:" - Sa3P Eas:, jry P.(t_ Wl m�cgtort r Is this a transportationprajeoW Yes NO Typets) of approval sought from the OWN: 401 :.'ater Quality Geriifleation - Regular 401 Water Quality GerlifcaWcn -Express Individual Permit Modifcagon Shoreline Stalrlizalion Does this project have an existing project ID#?' Yes No Please list all existing project Ip's associated with this projects.' 0'N4 21:'-784 t CAMA 2- lE ;� •-y COE (?e aA'N-2702.6341 f Do you know the name ofthe sUff awnher you woukt Eke to request a meeting wilt? Ci'3c Cob.•r Pleaw gives brief project deserilydo, below and inctiade kwation inromatlon.' ?1C.-Cl Sol Alie-1e Wacc �vd read Is wd. YC_ 1-A6''a 3-13 a;-ored fx redacem•en; &1*0.1 POA 31; ng Pa o ma-ra '.oatrg dc.3rs and Lhx •a-o a-. Zape --rwbK. = ta s apax 1 mile acts_ a' cic Sa dr liar Hy 61 3g -C31 t �z F. r0& e,c Of CaM C'aef ?030- 5 6 - es fV 3H 'LS3ri•V F•c- 1'.-I. "an is rake a gc f can E3shv3rJ 31c-na n1O..n Bala iFac rC Ede -al Road ar O d thine ea, 1'3-C 01 S-3'-1- Ea r OE3CF 133c m Li Jc e s Y'd.::h±" East ;e3_n (16' * --,o Cape v 2Elf ?cae.:'a fan `o;"ro aFa:rEal: Ncai a v2r3 Creek ."X na. E fry-'r,e-e r°pi3c=_e n 2C19. F-c :o �I1•A:are Cor.3s �ardE r. e R iJ2G OEM Y�QS -+sir} f;�r �•e [� :earexme�t a` octet ramp. Fc- re c3_ed n Ga.".scan: tag] R�ax "ia-•aavE, test 3 tar^ai•!E' -a>:aur'q toe: �a^'P s ary E 35e:. a�CrC3ci�. Cm¢'1S lame C'7�Qh �er•�g.Crana i'C! v.3pe Cre=; x� s;t 3 vrca'e'ra:c '.'laQd r7ei mE :c p-ajaci w3iage mat ramp ^aF aca>ar: �nC !ranager�': G�:�o c 7 .reiatit tze easCn it �!ne.JtY 24?7 '.,3r:a• Ca•:•Ce. a�„3 s 3rd ,a"Oaf -? 3rj-"]tti:i•9t^., 0� RECEIVED JUN 11 2n' DCM VVILMINGTQN. NC https://edomdeq.nc gbv/Forms/Fo►m/Submit CIF 1/Nrrirgton p.m MyCp6 2MM Is this a transportation project?" 3 Yea R No Type(%) of approval sought ammo the DWR; . # 401 Wales f]uafity Cedtiticallion - Regular IndilYwal permit Shoreline Stabilization Dees this pfojecthave, in tebs*V project100?" t Yes : No -%" r NC C-." Umfed Stales 401 Water Quality Certificaiion - Express 12 Modification Please list all ezising project KY. assacialled with this projrclS_ a DWR 2017-OSgt: CAMA 8-18; Anmmy COE l{Nf 5AVkL2oW-00g17 Do you known the naae of the staff weimbv you would We to request a meeting with? Chad Cabman Pease give a brief project desaip lam below and inalude kmatian idonrtabon.' Project is on Middle Islandeald head Island. HC. C4#44&18 arkiwed for replacement of the MIPOAaging g sip manna CoAmg d"" and teat ramp on Cape Creek, Site is apW I mile east of Old Eakly Light House- Sy road, it is at north and of Cafe Creek Roaat 5.5 males "M BHI Marina. Fmm Big Manna take a golf fart eastwwd along North Said Head Wynd, to Federal Road at aid ligtdh fk-- thence northward on South East Beach Road to Midde Island.; then East Beads Drive to Gape Greek Road. mid then follow to Cape Creek Read to Cape Creek Marina. Slips were replaced n 2n1g, prior to Hnirfcslma Dc riaS- Pandemlmje i12020 dmdayed rearing irirward on fpracement d hoof ramp. For list at reasons as indicated in CAMA submitted Project Maratha, bell allemative for mptadng boat ramp is land based approach- Getting large erwugh bargelcraime limo Cape Cragta site lie problematic, IAPOA Wed me to project manage boat ramp replacement Lard atanagemer# crmmp cid weliand delmat'on in Jaanerluby 20213_ Yrla of Cwado, Pis did survey d wetland stagging July 2024. Mmeane Isaias FM Bail Head Isrand%kkhe Wand (and Oak bdandg0tAhpo(t) on Aug 3, 2020. Land based repairnerd of boat ramp, as pern ilted in CAMA 8.18. requires gong cyer 4so aging timber bridges near the Cape Creek Marina. North tune is appx 55'xt1'i South 34x11'. To gel heavy equilsrnent to ramp, bridges need replacement, with something at least K20 Load Bearing Capacity. Site Elevation is appx 5 FMSL ]here is only about 2' clearance from q brig, u ndem* of stnx;1" a at oeNea of length to tidal brraern of creek branch. may are not navigehle, Timber structure mMh erxxo stnachi al rapedly world require excava ling lint the tmek beriks Land bridges give best strueLval solution. After rxuncirvng numbers and &aco55b1g U®age of Bald Head island Buddmq InspwW. Three tit' diameter metal curvens are pipposed Tor each rend brtdga COE torwri riled to LAMA an CAMA Minor Wd: submifled 3-1- 21 as to need Majw Mod. £)isfiM CAMA formes wMable on their websila do not mention this new pre -Ong mquesf rwm. CMIA Minot ►,Yeager meriioined this as t submitted Major Mad Application 64-21_ Comment lofty was to toe. By digitatly signing below, I certify that t have read and understood that per the Federal Clean Water Act Section 401 Certification Rule the following statements: This form completes the requirement of the Pre-Figrig Meeting Request in the Clean Mter Act Section 401 Cerlificalion Rule- • I understand by signing this fonnthal 1 cannot submit my application until 30 calendar days after this pre•fifing mee5ng request- • I also understand that DWR is not required to respond or grant the meeting requeSL Your pr*ct's ihlrty-day clock started upon receipt of this appliitallion You will €eteive notification regarding meeting location and time if a meeting is necessary, You vdl receive notification when the thirty -day dock has expired, and you can suhnid an application SWUFIU- Submittal Date 8111=1 ff 3UN 11 W" Dr W1, I -M1N�i �1 , = 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 y cc: Cameron Luck, DCM USACE Holley Snider, DWR Stephen Boyette, VBHI Alan Reyner, Middle Island POA D �North Carolina Department of Environmental Quality [ Division of Coastal Management Wilmington Office i 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 enn cMoura 910,776.7235 O c E to a � h zI c o OU U O �F-- W N G ww 4 .�. Z w -i t� _ = C CL O U L �•► 00 � C Lu OLL � N i Z �X c m a O v W IN N Y N cp �4 Ch �CY) 41 h v O � r L m v ROY COOPER Governor T ELIZABTH BISER Secretary BRAXTON DAVIS Director, Division ofCoastal Management December 2, 2022 StarNewsLegals@gannett.com 2 Pages Star News Legal Advertisement Section Re: Major Public Notice for: • Middle Island POA, Inc. 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 incerely, Tanya ff.ietiia Permitting Support & Customer Assistance cc: MHC Files Cameron Luck — MHC USACE State of North Carolina I Environmental Quality I Coastal Management 127 Cardinal Drive Ext., Wilmington, NC 29405 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, adj 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, (910) 796-7266 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: alanreyner@gmail.com I certify that I have authorized Bruce Marek, P.E. Agent i 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. I furthermore certify that 1 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: r-� ; Signature A Print or Type lVame Title lY l z Date RECEIVED This certification is valid through Jr 1 J 1 z3 JUN 0 9 ?02"1 DCM WIL.MINGTON, NC m r-q Ln �f] Ir m ..a O d ru MIDDLE ISLAND PROPERTY OWNERS ASSOCIATION, INC CAMA 8.18 MAJOR MODIFICATION ADJACENT NEIGHBOR NOTIFICATION CERTIFIED MAIL RECEIPTS, GREEN CARDS & TRACKING NUMBERS U.S. Postal Service T11 CERTIFIED MAILP RECEIPT t.n Doinigstic Mail Only tU r-9 , kgiOlgh.)�-NI —'27699 cr Certifled MaR Fee t. 36G ' -- m $ �4L6 z raServices &Fees (checkbc%eddtaeisf.gp�ygprrare) 78 ❑ Retam Receipt Oardeoph $ l�r.. ll..�rVV C3 ❑ Rotum Reoafpt(ei-tronie) $ ,��- Postmark 0 ❑Certified Mefl Restdcled delivery $ �� Here C3 ❑Adult Sfgnatura Required $ ❑AdultSlgna1weReetrkteddaltvery $ 0 Postage M Total Postage arid F a 06/05/2021 nJ $ 65 ..O Sent To 4 CCU- 8tre t rlAif o NU MET. r�.._._. ✓�.c___ y:_.... Br .' tare ziP+a---- /! �. 1 _ !i �t �/ n 1•� It fl! ! .. 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'S /.*m�B11..1W!'¢91s wNrafP�mrx+ _ "ar° ci f l d9 N TON, NC 13 USPS,com 3 - USPS Tracking 6 X toss.usps.comlg-/TrsckConf,rniAction'tRef=fLIllpage3tLc=2&te.rt28777=gttLabe!c 11p 6207000DC6;585'25<<2C tAp!-raise AGusPscoM r*nd USPS Tracking` Track Another Package + Tracking Number: 70162C70000063985125 tit taw 0 ru.:,:., e,:�.. �• �,. �.,.a c..i. �-, 8urinesa IMenntiant HOP T—king FAOs GNtne Tree IrVo pe,}p.�a ism✓e to r2r,ei�'E G�L[In!'f-0 M9ftb'dat.tar1S a, yW' pbCdOlS Rqn-cwe x Status ``our item t a; daivero at +2 ° 7 pm ; n J,ne 7 '021 it G Delivered PALEIGH, NC, 2 7693. 't " _' m F:t.LEiGN, rav:?tP5 Get Updates v Delivered Text a Email Updates Tracking History V Product tntormation V See Less A 19 - Bing X Q USPSCOm3-LISPS Tfac—q! X + 0 https tools-usps-corn Rftdi.. Shop USPS Tracking' Track Another Package + Tracking Number, 70162070000063985118 4k r*­ 0—, V ­, _._ a� W.Twuorw Hdp T-I" FAQ, � Ge. t� I.. Ilf—d D—i' !w,* w .-Ou 44 "akv- Status CV Delivered, PO Box SO,U7FPCIRT. f,C. Z . L-, Gel Updates Delivered Text& Emil Updates IV T,AGk� g H,story Product Information V See Less ^ Bruce Marek, P.E. 5489 Eastwind Rd Wilmington, NC 28403 mareky�g[@ec.rr.com 910.799-9245, Cell 910-228-2484 June 4, 202) 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 LAMA 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 Iocation 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 SIip 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'+l- 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 th bottom of the bridge structure, and it is also not navigable. e RECEIVED J U Pl 0 9J1,aQ 11 CAMA 8-18 Major Mod Request Adjacent Property Owner Notification 6-4-21 BMPE ge DCM Wil-MINGTON, 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. 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. 1 have included an addressed envelope with this mailing, or you may e-mail the form to tara.macpherson@ncdenr.gov. 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. /f+111If!! SEAL / !� 15684 bJ - Sincerely,RECEIVED AMES . „ 111,1 Bruce Marek, P.E. UGM VVILMINMON, 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 morels d@ec.rr.com 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" (414). "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'+1- 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 .JUNPq�% ?1021 DC'M 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 Bald Head Island Conservancy, Ines Brunswick County Parcel 26000003,1 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 tara.macpherson@ncdenr.gov. 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. RECEIVED CAMA 8-18 Major Mod Request Adjacent Property Owner Notification 6-4-21 BMPE JUN fiaeT1 DCM WILMINGTON, NC ROY COOPER Governor ELIZABETH S. BISER Secretary BRAXTON DAVIS Director December 2, 2022 MEMORANDUM: �nEQ NORTH CAROLINA Environmental Quality FROM: Cameron Luck, Assistant Major Permits Coordinator NCDEQ - Division of Coastal Management 400 Commerce Avenue, Morehead City, NC 28557 Fax: 252-247-3330 (Courier 11-12-09) cameron.luck(caNCDENR.gov SUBJECT: CAMA /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 (910) 796-7266 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. PRINT NAME AGENCY SIGNATURE 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. DATE E Q North Carolina Department of Environmental Quality I Division of Coastal Management Wilmington Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405 NORTH CAROLINA - .e ..e t of en.troome W mail /� 910.796.7215 Major Permit Fee Schedule MA-) MQ�p Project Name: County: Check No & Amount: MAP, k�AAKI FO-A-' lvl&. - t -�- Id, 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) II. Public or commercial development that does not involve the filling or excavation of any wetlands or open water areas: $400 100% ($400) 0% ($0) Ill. For development that involves the filling and/or excavation of up to 1 acre of wetlands and/or open water areas, determine if A,B, C, or D below applies: III(A). Private, non-commercial development, if General Water Quality Certification No. 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: $400 100% ($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) III(D). If General Water Quality Certification No. 4144 (see attached) Y 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: $475 60% ($285) 40% ($190) MIDDLE ISLAND PROPERTY OWNERS ASSOCIATION, INC CAMA 8.18 MAJOR MODIFICATION REQUEST 6.4-21 SITE/LOCATION MAP 0 Google Earth SITE IS AT NORTH END OF CAPE CREEK ROAD, MIDDLE ISLAND, BALD HEAD ISLAND, NC AIM ol a� r l EIVEC4 IN 09, Z021 ... ILMINGTON, SITE IS 'I MILE EAST OF OLD BALDY LIGHTHOUSE, BALD HEAD ISLAND, NC FROM BHI MARINA, TAKE GOLF CART: EAST ON NORTH BALD HEAD WYND TO FEDERAL ROAD, THEN NORTH ON SOUTH EAST BEACH DRIVE, TO EAST BEACH DRIVE, THEN NORTHISH ON CAPE CREEK ROAD, TO END AT TRACE' A /CONSERVANCY GATix G �n H/u Rvcprmpp�'ultt PC / �4 / lvr � 1 cwva m ;4 29 LPL [1¢< �e� u1VPm :oni m x MAY4* Mond Pionerw Orvgan AvsocFotlan smnui�0iw sw - "�° e..w RECEIVED JUN 0 9 2021 DCM WILMINGTON, o W W zo oh e _ u m' oo' V�m W kmo 1 jLZ o Z QW*- 0. 0 0, W v 7cs ° b 6 0i iu 0 5 m o N i+1 U r VON!W OD Lf) 'o /y� �. w m �3 l�j �L 2 >�I ^W IL Q N -i { II 11 O 01 OD W Zm ❑u uO O� �'LOOa�u i d° ��W ❑ Z =0) c`oo,cWt po ` w YrxZ =W q mIm o 4i Z ti sn c� "k o o W U J W 0� Z W Q o 315 _ Ln a W 71,23�0 ; 3 5 0 GP - ... O b m k Oa 11 O v Cl CO h V u �.. yOd u0 QQ II C a v Q fa ca *Z Z y 4 O r1' V� � �� � o • 8 v o J y� h y h� y y h +�'H'N � Q = i II i F II y �V +�� Q Z. O a W m w o� O O O x .• r x k� y O S� y Q3 i� � x Z t :Z kO it �a o L JLp m Q 44 a v a v `A o + Zt j Uiur°Um II .w Wes& bay R �� al o m t �In Q_ Q k �� rn i cal O `F IIlb Chi W lot 2 y14 4,C��a jo �m 4 * »4 W w 0 y. UN v QI W wn �o om o z a. m � aa% W w � I- Cw �m � �LL � xSO m W O Z a dd O+ a m a C Off• �4t W yp 3 0, O�UJ u I f"' w / R �} IL >: a w / x DC Y bZm W Z-F- 'IT � q �l ti�fQV x R1:FYi71 MI is ■ ■RI ill-M R��ii ���j+�4 11R�11���11� !7 IwRlR■ 1R ■R Ii�Mi1R�IR 1 R1 �� 1 11l11�!�RI�.. 111 z w W J x � so Z u4 QQ 4 h O Q O'po q 1. W �5'Q' CO b0.h hy� A M13 Z� a O� ooa� G°2a W? 4 V>Z3 whh V UQ Lil � x x x a � U x 4 u b b 161 x Z Q� 3 b -0 ; 4 lfkj x ~�..Q v !! x � � 'Q V � b •� =II Z o y h c@3 oa i +� rn 0 0 H b� Q �UU U�� C lb G G7 i y C +mob, j 0 j a (2 O. _ O bC r NLo A! 6 a o a o n r Q�� � c w RL O o �t0.j ^lb- V (b ■ ni m 2 5 Iq (V �V I� S b bpi a � ■� t) �) �o� � � b o . ,.., Permit Class NEW STATE OF NORTH CAROLINA Department of Environmental Quality and Coastal Resources Commission ,V erm i t for X Major Development in an Area of Environmental Concern pursuant to NCGS I I3A-118 X Excavation and/or filling pursuant to NCGS 113-229 Permit Ntunber 8-18 Issued to Middle Island POA Inc., c/o Alan Revner, 1837 W. Buchanan St, Columbia SC 29206 Authorizing development in Brunswick County ad . tc� Ca �e Creek at the end of (;a �e C'reeEc ?9�� Bald Head Isla;n�_ , as requested in the permittee's application dated 11/S/l7 D1 -4 , Incl. attached work 1 / 1 - I & M P-2 3 ui _, all dated revised 11/I I This permit, issued on January12 201$ , 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, I—_..__—.—-__ _ __--__—_-- -- Ian drawings 4 , labeled 3-5 of 5 and llocicirr l{acil� 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 Signed by the authority of the Secretary of DEQ and the qualified persons within twenty (20) days of the issuing date. Chairman of the Coastal Resources Commission. 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. �% Braxton ,. Davis, Director Division of Coastal M ana ement EWIVED 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 shalt 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 Raim)/Riprav 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 )M,V�5,lact waters of the State or waters that will enter waters of the State. JUN 0 9 Z?02' DCM W.LMi,NG Middle Island POA, Inc. ADDITIONAL CONDITIONS Permit No. 8-I8 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 duality, 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 11�i ///w N� %r.Rvs. %/Iic- 1C-S/111rl111111i1I/111it11lile-C-9Ll IdCl I I1CS. lam. 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 2-3) 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 (910) 796-7215 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 1D 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 vermtt 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 8-18 Issued to Middle Island POA, Inc., c/o Alan Reyner,1837 W. Buchanan St,Columbia, SC 29206 Authorizing development in BnMswick County adj. to Cape Creek, at the end of Cape Creek Road, Bald Head Island , as requested in the permittee'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 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, 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. Z_///V%U� Braxton C. Davis, Director Division of Coastal Management This permit and its conditions are hereby accepted. %nature of Permittee MacPherson, Tara From: marekyd@ec.rr.com Sent: Thursday, November 17, 2022 8:46 AM To: MacPherson, Tara; 'Currey, Gregory E CIV USARMY CESAD (USA)' Cc: marekyd@ec.rr.com; alanreyner@gmail.com; JRAlpert@aol.com 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-MPS 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 C1113, 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 OR3 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 Cell 910-228-2484 MacPherson, Tara From: MacPherson, Tara Sent: Monday, July 11, 2022 10:17 AM To: marekyd@ec.rr.com Subject: Middle Island LAMA 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 tars. macohersonn.ncdenr.aov 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: marekyd@ec.rr.com Sent: Sunday, July 11, 2021 9:39 AM To: MacPherson, Tara Cc: marekyd@ec.rr.com 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 v 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 <tara.macpherson@ncdenr.gov> Sent: Friday, July 9, 2021 9:05 AM To: marekyd@ec.rr.com 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: marekyd@ec.rr.com Sent: Monday, June 14, 2021 11:02 AM To: MacPherson, Tara Cc: marekyd@ec.rr.com 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. I.e. 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 <tara.macpherson@ncdenr.gov> Sent: Monday, June 14, 2021 10:01 AM To: marekyd@ec.rr.com Subject: RE: [External] RE: Major Mod Middle Island LAMA 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 JUN I X i .. DCM WILMINGTON, NC brunswick county nc - Bing X Real Property • Srunswick Cou!" X ,j' Brunswxk County, PVC Register X a A Not s€ cui t_, ; : tax. btUnsco,netiit�nt t Brunswick COUnty - Real Estate Search Basle Search Real Eslatr S1►arch Tax Bill Search Sales Search UVJflid Lass Nalra -- OMttc! fNGt Nat=K dC{,,.,fy l Pared R. -... 1' Ta■ Yea. I - V PIN Srercn iee�ule" Glick on a parcel number below to continue ' Parcel ■ 0vNdv ys vroP V Address Mtowma ■ Ov~ Naene Oa..a� Natna UvtJfYP+t iopam LOUt?cnuipupn pill4 �- as 6 9I1eeeee pared Info PIh h«ar.nc,nnaa , , - rasa. 0-nm Name ". .. Legai Mmo.Ptta.+Y -_ •' .... -. _ - . . Outbulli&nq Yafv : th LaUmts: . . - land Yatue. Earn Pa.{W Value 7Wa1 9oltrrc4l Vah+e- IaaaWa valve v '*is fc ^,� -e2- and Df: E p D S -"y- - .'i.. .n :O L C3L3 -# —a @C - -' `- i" ___ !-' -."r, C>4 ^tv Cl�:O' ,r:^ - -^o f _ - •' �_ •"ai .`6 3 C'?^`e^C:"!C J�=`: .F35 3"� 3 B ^"3 f a a as 'rg - —"ict�!#671 3e, .__ 3 J_4 _ E'_P_ .' _ _: •3:. ?" s. -a -- [37 _ r 4C a .:a�r3,:.i r.. as's dqifl'i!G 0^ Ch S .,lAstS! 24410 :.'C3CC .r! �'..^l..-Ct �L.^[, F3; =C",^ r RECEIVED J U N 0 9 i' j DCM WILMING`(ON, NC 8 :s Sul $_$�5�a aolii �ttJo�j •�D6og� _ ��= s3Im s(I Oxl'[ N1xO 'D .'yYd, �bd p •• r! �, n , , — � eae� �arx •niaox ara� 'ox w' a awa �g� • V z 0 wfw}}wWhtwg vpw' twt; ��P9 ff;k' � sgge-•�m���e-#g�^ cAA s", i � =�s Ill 8 �g8g^d $88,�8 s _�8 #,�Rg?9 gimRS882SR+gk9 c r m �ag�ac���sp;Ras�v�aa �� z C 5 s vgE yA.-p^g."stO!"RaRno } i Z 1 Z ti =�+sx, _ -- a$-- 9akt�N o,,:i /� n$��,�:3setrssFt�tnt�tnttt$pw"'�n:,.W$S�x ri,�R $ .i �R„v""•R�^,'4R s:&"a R R^ti_IR- w� :=y=am; �Ns�3 �u�s� �aa E§.....aka S� GP 1' # 8ammgS ----------as------ � y gi$xsti:C,+aREEai.oRp����mRoirn_a::7c:��RR`�nzmmaaRar,R��:Eem^sq"�xzNR�•YS.SRr: a61 6ag:iisu :AL ary7n:rn_IR#:,raR."aegaRAPS vIa2aa:apl. w wnw;¢t#---ssl-71-F-e-sRg s�w� r,99 .wwarIlR�Nn.�. �w�wsRo�rR r^�U:K. "�wn•kS^m�s��- "R9Nrmwa"b_� 'nW nR�x1" - IRS' SRBa�` 8n!�1Wtbo h, ...,........ 9 9 bs Qo"aSsRaRR80083�96�&°____ p_wga� $AAR�P9 E51__ dRS�9 ---------- { $ e5 i# '"'e_a�sRn�:"_��e�hR^o s����aR��o^$�R�mSmRSt Y�o4gnc6R'SR�YiS€i rgj^S�i�Rf 4���rgRSt$RR��S�8�6KRA3w�d��Rm�1 ....n.oz 5�a,#aa�_���i:����mk���a'-:�sRc� _: ��^�Y9"R���ryRn�^'Rn�a3RRnRRY::^.7: V f�lDo:1. eme PZA4 eP1FS-c Z2a22m gR :� wns'o+yosoi r— DCM WILMINGTON, I "`�.�°°""°"`°° m"° pageo Brunswick Cll Iy. III IICII Il�llller of �l �s dpo�? m 4�65'P��p 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 # 265000741 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. RECEIVEMI JUN 0 9 20 21 0CM WILMINGTON. NC 1 1 05 22-2015 Brunswick llllllllll llll1111111111JillRealst, ����p d��c' a Ens PROP Tract 8: 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 POA TRACT and containing 12,429.7 Sq. Ft,+1- 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 448460 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. RECEIVED JUN 09 2C3? DCM WILMINGTON, NC Excise Tax: Tax Map No. M05-22 2075 i���«f �«C���� ky. N � j�t�lr of $3 4�dRa of5Z004 PR9P Presen�te1rr wet' Total S fit. Rev' Vnt. Ck $ Z L Ci It L(= Cash Fi Refund: C331i $ Flnanm Q Pertlons of (mumanl are illegihs due to rcEdILon croknal. Ct oDuument tartans seals venw b', orginal Ins4umenl ghat cannot be ropraduwd orooOd. NORTH CAROLINA GENERAL WARRANTY DEED Recording Time, Book and Page 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 day of (YhoW1 , 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 0CM WIL.MINGTON, NC i . SCGn SStA `.5�i �•_� STATE 0^ NORTH CAROLINA CORPORATE DFrp, COUNTY 09 BRDNSIiIGIi {Relrasc Attacii,,di J TNLS DEED, mido this llth day of tlay 1970, by and between 9ALD HAD ISLANU CC1tP0R,l^.ION, a corporation organized \ � and exi :einl under th.: 1a11:: of till: Stat,: of Nurlh Carolina with its principal office located at Vallcy Forge, Pcnnsylvant.a, party ( of the Carst part i"Grantor"), qnd YOUNG REALST CG., LVC., a " North Carolina corporation with its principal of Elce in Charlotte, t7erth Carolina, party of tha second part ("Grantee"); '`•:' lrrrnEssExlt• I ' THAT the said party of the first part, in consideration of One Ilundred Dollars IS100.00) an,; other valuable considoration to it paid by the part) of the second part, the receipt- of which is hereby Ackno:rledgcd, has bargained and sold, and by these Presents does grant, bargain, iell and convey unto the said party of the second part, and its eiccessors an& assigns, subject to the Re- strictions, Conditions, Covenants and Linited Rights of Repurchase set forth in Exhibit A ittaeiied haroto and the retained casennnt hereinafter described, all that certaLn lot or 'parcel of land and - - appurtencnt non-ex.lusive casement situate, lying and being on Raid Ncad Island in Smithville Township, Brunswick County, North Carolina, and noro particularly described and defined as follows: - BEGiF:1F1G at a point in the m-ean high water Iine of the Atlantic ocean located between diddle island and - Bluff Island and navinq the following harth Carolina grid coordinates: Ya4o,oao.00 and %=2,315,644.0-i, and running thence from said point Due Ife4t 4711•00 fart to a -:o :n the moan high ware[ iinc of the u msh slovenQncouaes and distances as foilms: (1) S 16-32-20 E 52.78 Feet to a point; (2) S `_a-50-)5 W 218.36 fact -o a point; I3) 5 1--44-10 W 347.37 tctet � _ � to a point; (4) S 17-03-56 W 68.21 fek-t to a point; (5) S 04.43-47 W 17B.23 feet to a point; 16) N 44-15-16 W 163.59 feet to a point; (7) It 28-51-22 W 223.46 feet �- -�- to a gcLnt; (a) it 78-24-24 W 224.19 feet to a point; 19) ;I 35-56-49 W 158.92 feet to a point; 110) .• 77-26-24 $1 IL:.C4 feet to A point; zed (11) N 13-35-12 (1116,62 fee, to a point, :ieroina£xr referred to as the "Control ,l - - .--�' Point"; thence running first in a nortt:westerly-direr- 1 - tion with the mean high water line dividing 3ildi,e island from the ¢arsh to a point in the northwcatec:y i trest boundary of Hiddlc Island having North Carolina -'grid coordinates more or Less as follows: Y=46,207.00 and - S= 230,765.a6; thasco contink•ing with th^_ moan high �- water line which divides :fiddle island fro. the marsh in a s6uthea3terly direction to a point on the mean nigh :.ater line Oat divides the southerly aoundary of ' Vidule island di,d the marsh, which point is located - II •_ 5 21-PS-30 W 109.69 feet from the "Control Point"; 4 _ thence cuntiruing rith said mean high w.,tor line - eighteen courses and distances as follows: il) S 61- :: 14-23 E 275.79 fait to a point; 12) S 47-15-09 F. 3 2.14 ♦ feet to a point; (3) 5 51-51-03 E 296.70 E3et to a _ -r point; (41 s 64-26-25 E 224.89 feet to a print; {5) 5 59-04-I8 E 192.52 feet to a point; (6) S O4-57-0; E . 77.99 feet to z print; (7) S 56-01-44 E 294.26 feet to a point: (8) 5 45-12-35 h 32.94 feet to a point; , I9) Y 86-20-20 W-I52.73 feet to a point; (10) S 62-53-40 W 245.19 feet to a point; (10 N 71-LG-SS W 98.36 feet " to a point; (12, S 77-19-30 It 96.27 feet to a point; 5 28-5e-45 - 214int feet to a point; 5 4 1 • E i34.b8 feet to a points I15) S 69-21-40 E 247.69 feet 2 feet : Y I tc -i point; 1161 S 0-50-35 W 89.93 feet to a point; (i7) • i RECEIVE JUN 0 9 - ®CM WILMINGTON, NC 900r. pa„F 0866 $?s STATE OF NORTH CAROLINA RESTRICTIONS AND COUNTY OF BRUNSWICK�7ha THIS AGREEMENT trade this the L? day of )�:F.��Y:'} and between Young Realty Co., Inc., a North Carolina corporation (hers riafte"rrferrrkl"`'' to as 'Young Realty`); and Bald Head Island Conservancy, Inc., a North Carolina non- profit corporation (hereinafter referred to as "Bald Bead Conservancy'). WHEREAS, Young Realty has offered to melee a gifflo 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 restrictions in order to assure the integrity of the tend 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 ($1.01)), and the mutual covenants and undertakings contained herein, the parties agree as follows - I. 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 of 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. I _ The property shall be held and used by Said Head Conservancy wholly and exclusively for non-profit, educational and scientific purposes, as a bird, wildlife and maritime forest sanctuary_ Except as set forth hereinafter, access to the property described on Exhibit 'A" shall not be permitted. 2 Nime and Signaso- The name of the sanctuary shall be the "Maritime Forest Sanctuary". A wooden sign shall be erected and maintained at the entrance by _ Bald Head Conservancy, which shall deplct an egret or eton, and bear the following RECEIVE inscription: RET. IOTA 5$1.���—RE1E reat��tTEC� 1+►�le JUN 0 9 20' Lli AMT '}r��•/ rAsti DCM WILMINGT N, NC BY UUVU23 Door pRt E 965 80-% Middle Island Plantation MARITEME 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. Accus. 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 Realty. Bald Head Conservancy shall erect and maintain "no trespassing' signs around the outer perimeter of the property conveyed to Bald Bead Conservancy by Young Realty. Licensees shall not be permitted to leave the roadway over which Young Really 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 mcAifications or alterations shall be permitted to the sanctuary property, in order that it shall retain to the degree possible its pristine nature. (a) Middle Island Property Owners shall be provided with a key 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 Fealty 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 Owncr", as used in this paragraph, shall include the person or persons in whom a lot is titled, his or her immzdiate family, and guests of the property Owner, white accompanied by the Property 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 the entire sanctuary area. Charles D. Young of Young Realty, his successor or assign, may serve as custodian 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 xnd governmental regulations continue a reforestation program of natural species within the sanctuary. IN WITNESS WHEREOF the parties have hereunto set their hands and seals the day and year first above written. Irl K,(* E i V -hD JUN 0 9 Z0Z 17N, NC ATTEST: Qoat.Secretary (Corporate eoox' PxcE _ 0866 "82R YOUNG REALTY CO., INC. By: Z.11V (SEAL) Presides IiA EAU1S CO SE �ANCY, INC. 8 W 12J EAL) President' 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 Reyner MIPOA 1837 West Buchanan Drive Columbia, SC, 29206 (803)451-4502 alanreyner i atnail.com Size (acres) 0.2 acres Nearest Waterway Long Bay USGS HUC 03030005 Nearest Town Bald Head Island, NC River Basin _Cape Fear 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. (Parcel 1Ds: 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 anyway 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 SD, 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. includin wetlands on the above described project area subject t requirements of Section 404 of the Clean Water Act (CWA) (33 USC & 1344). Unless there is a c0ahlre'lhby 9por our Page 1 of 2 SEP 09 ?021 0CM WILLING TON, NG SAW-2020-ato06 published regulations, this determination may be relied upon for a period not to exceed five years front 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. includin2 wetlands on your ro'ect area have been delineated and the delineation has been verified by the Corps. We stronely suggest you have this delineation surveyed. Upon completion, this survey should be reviewed and verifted by the Corps. Once verified, this survey will provide an accurate depiction of all areas sub)ect to CWA iurisdiction on your wolperty whichprovided there is no chan a in the law or our published re ulations may be relied upon fora period not to exceed five vears. _ 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 Manaeement in Wilmington, NC to determine their reuuirements. 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 (910) 251-4694 or Gary. H.Bee cher(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 PIIILIP.A. SIIANNTN(c1. USACE.ARNIY.MIL RECElvEr SEP 09 DCM WILMINGTON, NC SAW-2020-01006 In order for an RFA 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. Digitally signed by Gary H. Gary H. Beecher'�_eeCher Corps Regulatory Official: Date, 2021,09.09 15:26:16-04100' Date: September 9, 2021 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://corpsmapu.usace.army.mil/cm apes/Pp=136:4.0. Copy Furnished via e-mail to: Consultants: Kim Williams Land Management Group 3805 Wriehtsville Avenue, Suite 15 Wilmington, NC 28403 (910) 452-0001 kwilliams(a;lm2roup.net Corey Novak Land Management Group 3805 Wriehtsville Avenue. Suite 15 Wilmington, NC 28403 (910) 452-0001 enovak a lm rou .net RECEIVED SF€' G,9 DGM WILMING7ON, 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 o W4 11,s' cc i ll ..l lisi1 is- tv' _ ...:, •- ur 1 Addifiwutl inlowU.I3:C f43]It rZ . ttto 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 firture. 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 11 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. Ht(;F1WEE) SEP 09 2021 b.)[;M 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.SHANNIN� USACE.ARNlY.AIIL 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 opportuni to participate in all site investi rations. 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, (404) 562-5137, PHILIP.A.SHANNINa}USACE.ARMY.MIL RECEIVED bom V1�1'r�Iklti'kNY il, #T JI _r y ..... . . . . . . . . . . . ..... . < So rees.: _Ws '!n.RF"'GArMih"1N 51, fihif%rmaip, INCREMENT'R N1i M, E-S7'i` YHER, SIGS r ....... .. 'ina, Ore - ffln;, E-9iii Korea. Esri (Thailand S tong Kong OpenStreeiM t '14 'ii 12 RY' Community L:\WETLANDS12020 WETLANDS FlLES\8lDS\Chrjstianl N Bald Head Land Bridges\Maps Boundaries are approximate and not meant to be absolute. 0 1,500 3,000 6,000 World Street Map Feet Map Source: �141-1.1-llvj;u Bald Head Island Bridges Brunswick County, NC 4LMG I SEP 0 N21 1 Figure 1 1 L AND N1 ANAGENI E NTGRO U P a DOURY1 company DCIVIMN(ft, NC May 2020 3805 Wrightsville Avenue LMG Wilmington, NC 28403 (910) 452-0001 L:IWETLANDSV020 WETLANDS FILESILMG20.171\Maps 0 40 80 160 Boundaries are approximate and not meant to be absolute.A Feet Map Source: 2016 NC DneMap Aerial Photography MgMAL".1 — Cape Creek Rd. Brunswick County, NC Map Date: 6-3-2020 LMG #20.171 �LMG I AN:) .MANAGhYihS I' GKOLP a DAYEA. company 3805 Wrightsville Avenue Wilmington. NC 28403 (910)452-0001 iyure 7 ResourS fB�undary Delineation Preliminary Sketch I0CM WILMINGTON, NC (-4� LMG LAND MANAGEMENT GROUP a DAVEY . company AGENT AUTHORIZATION FORM TO WHOM IT MAY CONCERN: 1/we, the undersigned, hereby authorize Land Management Group to act as our agent ill the determination of jurisdictional wetland boundaries on the subject property, Cape -Creek Rd - By way of this forth, Uwe additionally authorize access to the site by representatives of the U5 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 jul7sdictional determination, Any questions regarding the jurisdictional wetland determination should be directed to Land Management Group. Please provide the followin information: Property Address and Parcel ID Number: Cape Creek Rd., BHI NC 28461 PLD 26400003 Current Property Owner Name: Bald Head Island Conservai Inc. Owner Address, Phone Number, & Email Address: PO Box 3104 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. Pr' t Own 's N e Owner's SIgnatur Date r�i��s.lrn jrcru �.nct • Phclnc: 910.452.0001 • Fax: 910.452.0060 38051V)1'01tsviile.ANenue, 5rritc 15. 11'linrirt9ton, NC 2840.1 RECEIVED JUN 0 9 2021 QCM WILMINGTON, NC urisdictional Determination Request D. PROPERTY ACCESS CERTIFICATION3,4 By signing below, l authorize representatives of the Wilmington District, U.S. Army Corps of Enginecrs (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. 1, 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 Capacity; u Owner ❑ Authorized Agene 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 udder Corps authority. 91 I intend to construct/develop a project or perfortm 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 penmitting process. [] I intend to construct/develop a project or perfo.nn activities on this parcel which may require authorization from the Corps; this request is accompanied by my permit 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. HA Corps JD is required in order obtain nay locaf/state 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. ❑ I believe that the site may be comprised entirely of day land. ❑ Other: 3 For WD07' requests following the current NCDOT/USACE protocols, skip to fart E. ' 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 foil)'/letter signed by owner(s). Version: May 2017 Page 3 RECEIVED JUN U 9 2021 Q910) 33 -c, 0 DCM WILMINGTON, NC W U) o,g M m4�- i OBI J U W m xa oa 9 M M I Z w N Z9 N=oa a 01 woe O o Usw w OW. 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